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HomeMy WebLinkAbout152-96 H&R Towing Companyo.o.o.o«o.o..o.o.oxo.o.o Permit Class Permit Number rv, 152-96 NEW < ,i3 STATE OR-N TH C__�1ROLINA Depamnent o'f En-vitoniite y ! cal-tIl�t Natiiral Resources s Coastall esources Commission Yi rJ fti C% Major DeveldpmenCnyironmental Concern pursuant toNCGS113�d18'" Rn-, Excavation and/or filling pnis ant to NCGS 113-229 Issued to A & R Towing Company P. O. Box 947 Wrightsville Beach, NC 28480 authorizing development in Brunswick County at Cale Fear River, immed. S. of Memorial Bridge as requested in the permittee's application dated8/15/96 including attached workplan drawings sheets 1 & 2 of 2 dated received 8/16/96. This permit, issued on lMMEER 1, 1996, is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Easement Required 1) Prior to construction of the proposed pier, an Easement is required from the Department of Administration's State Property Office (Telephone - 919/733-4346). Operational Conditions 2) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee willnot be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. attached sheet for Additional Conditions - This permit action may be appealed by the perinittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. .. All work must cease when the permit expires on December 31,1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger K))Cnecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee H & R Towing Company ADDITIONAL CONDITIONS Permit #152-96 Page 2 of 2 3) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 4) If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U. S. Coast Guard will be installed and maintained by and at the expense of the permittee. 5) It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. 6) The permittee will maintain work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third party. -7) If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required State/Federal coordination. PermrtClass `" r ccr _r �` ' r 1 Permit Number 1 '�W a ,x :n "F ;•ice e - r 'STATE OFY CAROLINA 4 I Department of EnvriOntfie atural Resources S Coasw! eso irces Commms on S u> X fo f C i c t. Major DevelopmenCm -an- Enyuonmental Concern pursuant to Excavation and/or fillingptirsirant to NCGS 113-229 Issued to H & R Towing Company, P. O. Box 947 Wriehtsville Beach, NC 28480 authorizing development in Brunswick County at ,'Cape Fear River, immed. S. of Memorial Bridge as requested in the permittee's application dated8/15/96 including attached workplan drawines sheets 1 & 2 of dated received 8/16/96. This permit, issued on NUJEM 1. 1996, is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Easement Required 1) Prior to construction of the proposed pier, an Easement is required from the Department of Administration's State Property Office (Telephone - 919/733-4346). Operational Conditions 2) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. attached sheet for Additional Conditions - This permiUaction may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31,1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. -` Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger NK.8checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee H & R Towing Company Permit #152-96 Page 2 of 2 ADDITIONAL CONDITIONS 3) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 4) If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U. S. Coast Guard will be installed and maintained by and at the expense of the permittee. 5) It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. 6) The permittee will maintain work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third party. 7) If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required State/Federal coordination. PermrCClass r r a PemutNumber e ♦. - x N7:s,� Txr ,r NEW Z 152 96 OTi' ` STATE i THE ROLINA� r ( i fi i r$ Department of Envtroen etc Natural Resources CT x pCo�as�taleso ces CommtS5ton DR, Major Developmenturan ny{ronmental Concern pursuant to NCGS 1° - _ Excavation and/or fillirigpuisuant to NCGS 113-229 Issued to H & R Towing Company P. O. Box 947, Wrightsville Beach, NC 28480 authorizing development in -Brunswick County at Cali Fear River, immed. S. of Memorial Bridge as requested in the permittee's application dated 8/15/96 including attached workplan drawings sheets 1 & 2 of 2 dated received 8/16/96. This permit, issued on N34"EM 1, 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. ' 3i Easement Reauired 1) Prior to construction of the proposed pier, an Easement is required from the Department of Administration's State Property Office (Telephone - 919/733-4346). Operational Conditions 2) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. attached sheet for Additional Conditions This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31,1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. - Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger NWTecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemtittee H & R Towing Company ADDITIONAL CONDITIONS Permit #152-96 Page 2 of 2 3) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 4) If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U. S. Coast Guard will be installed and maintained by and at the expense of the permittee. 5) It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. 6) The permittee will maintain work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the . permitted activity without having the permit transferred to a third party. 7) If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required State/Federal coordination. Permit Number. Permit Class NEW : „< _152-96 STATE OFT T _�E11tOLINA ^ 1^ _ 4- Department of Envuomhen ealt4l Natural Resources ftie may. tAff�l\�`..}"_irk. Cogs teso ces Co linnuspon r �• Bo _ Major DevelopmenCman`Ai of nv,, rronmental Concern pursuant to NCGS %3rA':HA Y . e QUAM .nod- Excavation and/or fillingli0fiant to NCGS 113-229 Issued to H & R Towing Company, P. O Box 947 Wrightsville Beach, NC 28480 authorizing development in Brunswick County at `•Cape Fear River, immed. S. of Memorial Bridge ,as requested in the permittee's application dated 8/15/96 including attached workplan drawings sheets 1 & 2 of 2 dated received 8/16/96. This permit, issued on 133ANW 1. 1996 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Easement Required 1) Prior to construction of the proposed pier, an Easement is required from the Department of Administration's State Property Office (Telephone - 919/733-4346). Operational Conditions 2) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. attached sheet for Additional Conditions - This permiLaction may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31.1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. ` Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. - Roger c ecter, Director Division of Coastal Management This permit and its conditions are hereby accepted., Signature of Permittee r H & R Towing Company ADDITIONAL CONDITIONS Permit #152-96 Page 2 of 2 3) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 4) If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U. S. Coast Guard will be installed and maintained by and at the expense of the permittee. 5) It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. 6) The permittee will maintain work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third party. 7) If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required State/Federal coordination. Form DCM-MP-1 APPLICAT!01k'01-1�1171-'�D4�,,,� (To be completed by all applicants) DIVISION OF COASTAL MA14AGEMENT b. City, town, community or landmark 1. APPLICANT West Side of Cape Fear River just south of Cape Fear Memorial Bridge C. Street address or secondary road number a. Landowner: SR 1300 (Eagle Island) ALAN RUSHER Name H & R TOWING CO. Address P.O. BOX 947 City WRIGHTSVILLE BEA%1e N.C. Zip 28480 Day Phone 910-762-0309 Fax b. Authorized Agent: Name CHARLIE HOLLIS REGULATORY CONSULTANT Address 138 GREEN FOREST DRIVE City WILMINGTON State N.C. Zip 28409 Day Phone900-392-6833 Fax 910-392-6833 c. Project name (if any) H & R TOWING CB. DOCK NOTE.' Perna %0 be issued in name of to dcw er(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County BRUNSWICK d. Is proposed work within city limits or planning jurisdiction? Yes y No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Cape Fear River 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Construct dock for barges,tugs, and other izoccnl_�i„ Support of o 'ctr' g rowi n2 operation. b. Is the proposed activity maintenance of an existing project, new work, or both? New Work c. Will the project be for public, private or commercial use?_ Private use -by, commercial towing company d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. The Purpose of the dock is to allow for the docking and mooring of used by H & R Towing Co with their existing operation. Dock is needed because docking at existing bulkhead M i hazardous during falling tide. Support pilings will be installed by licensed and bonded marine contractor as well as deckin sailing_ Art• Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Atlantic Divine & Marin• Contractors Address 3330 River Road Wilmington NC' 2R412 Phone 910-791-2411 Name IL&_ Army Cnrps of Fnginocr Address Navigation Rr• P.O. Box 1890 Phone Wilmington, NC 28402-1890 910-251-4832 Name Address Phone • A list or previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Permittee: H & R Towing Co/Alan Rusher t] AUG 16 1996 6. CERTIFICA rOArl.ANDA> SSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. 'Ile project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 15th day of August , 19 96 . Print Name Alan Rusher Signature zx� Landowner or Awho ized Agnv State (DEH&NR) Permit (CAMA) no. 29-93 (3/19/93) corps of Engineers Action /22/93) A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the appl ication. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-NIP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) g Commercial _Community -X— Private (2) Number 1 (3) Length 100' (offshore); 165' (Ell) (4) Width 16' to 20' (5) Finger Piers _Yes X No (i) Number (ii) Length (iii) Width (6) Platform(s) —Yes —No (i) Number (ii) Length (iii) Width (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines 50' (North). 150' (South) (9) Width of water body Approx. 900' (10) Water depth at waterward end of pier at MLW or NWL Approx 18, msl Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands RAUG 16 .. DIVISION OF COASTAL MANAGEMENT e. Mooring buoys (1) . _ Commercial _Community _ _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure($Sliffftfn0aoring pilings, etc.) (1) x Commercial _Community x Private (2) Number 2 (12-pile wood or 3-pile (3) Length steel) (4) Width g. Other (Give complete desenpdon) Alan Rusher H h R Towine Co. Apptirroject e Signature August 15, 1996 Date Revised 03/95 Form DCM-MP-1 APPLICATION C31173-AUG ,s���' (To be completed by all applicants) DIVISION OF COASTAL MANAGEMENT b. City, town, community or landmark West Bide of Cape Fear River just south 1. APPLICANT of Cape Fear Memorial Bridge C. Street address or secondary road number a. Landowner: SR 1300 (Eagle Island) ALAN RUSHER Name H & R TOWING CO. d. Is proposed work within city limits or planning jurisdiction? Yes yy No Address P.O. BOX 947 City WRIGHTSVILLE BEA%te N.C. Zip 28480 Fax b. Authorized Agent: Day Phone 910-762-0309 Name CHARLIE HOLLIS REGULATORY CONSULTANT Address 138 GREEN FOREST DRIVE City WILMINGTON State N.C. Zip 28409 Day Phone900-392-6833 Fax 910-392-6833 c. Project name (if any) H & R TOWING CO. DOCK NOTE: Pernut will 6e issued in name oflwdowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County BRUNSWICK e. Name of body of water nearest project (e.g. river, creek, sound, bay) Cape Fear River 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Construct dock for barges,tugs, and other --Is in support of oxicizing towing aperarion. b. Is the proposed activity maintenance of an existing project, new work, or both? New work C. Will the project be for public, private or commercial use? Private use by commercial towing company d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. The purpose of the dock is to allow for the docking and mooring of arassolcused by H & R Towing Co with their existing operation. Dock is needed because docking at existing bulkhead KKK is hazardous during falling tide. Support pilings will be installed by licensed and bonded marine contractor as well as decking sailing err Revised 03/95 Form DCM-MP-1 I j AUG 161996 i 1VI�IUIV OF r;STA1- "vir"ti.IIA MENTm Describe existing wastewater treatment facilities. 4. LAND AND WATER Septic System CHARACTERISTICS a. Size of entire tract 2.6 Acres n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) N/A wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or NWL 4' msl d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Sand Fill City (Wilmington) water e. Vegetation on tract None f. Man-made features now on tract office and storage buildings, work yard g. What is the CAMA Land Use Plan land classification of the site? (Consult the tomt land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? N/A i. Is the proposed project consistent with the applicable zoning? XX Yes No (Attach zoning compliance cenrificate, if appUmble) (Existing use is maintained) j. Has a professional archaeological assessment been done for the tract? Yes xx No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes XX No I. Are there wetlands on the site? _ Yes No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by I1" white paper. (Refer to Coastal Resources Commission Rule 7I.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 1&7J&i Form DCM-M11-1 I ' AUG 16 1996 U DIVIaiON OF r`nncTni .. MENTm Describe existing wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 2.6 Acres b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL 41 msl d. Soil type(s) and texture(s) of tract Sand Fill e. Vegetation on tract None f. Man-made features now on tract office and storage buildings, work yard g. What is the CAMA Land Use Plan land -classification of the site? (Conralt the mml lone we plmt.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? N/A i. Is the proposed project consistent with the applicable zoning? XX Yes No (Attach Zoning compliance certificate, ifappQmble) (Existing use is maintained) j. Has a professional archaeological assessment been done for the tract? Yes XX No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes Xx No Are there wetlands on the site? —Yes XX No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) Septic Svstem n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) None o. Describe existing drinking water supply source. City (Wilmington) water 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03191 .,mg� NORTH F- Z to W � a' OW C'3 Z� a` CD Q —1 � Q Q �0 U U.S. ARMY CORPS of ENGINEERS — EDGE OF FEDERAL SNIP CHANNEL x • 25,0' TYPICAL SOUNDINGS x-2o.o' PROPOSED DOLPN INS CAPE FEAR RIVER DOCK I�EXiSTINC BULKNEAp _ I 1 H & R TOWING x •ld:o' ATLANTIC DIVING & MARINE CONTRACTORS J PLAN VIEW SCALE: 1' = 100' FLOOD EBB LOCATION PROPOSED COMMERCIAL DOCK AND DOLPHINS IN WILMINGTON HARBOR FOR H & R TOWING COMPANY EAGLES ISLAND, BRUNSWICK COUNTY, N.C. c/o ALAN RUSHER P.O.BOX 947 WRIGHTSVILLE BEACH, NC 28480 STATE ROAD NO. 1300 Page 1 of 2 EXISTING BULKHEAD DOLPHIN hc-*i6 SIDE VIEW MHW /GS MLW FRONT VIEW TYPICAL ELEVATION VIEWS HORIZONTAL DIMENSIONS AS SHOWN VERTICAL SCALE: I" = 20' END VIEW F- w DOLPHIN m LL W 00 z-z r' Oa Q 5; J Lrtl O U PROPOSED COMMERCIAL DOCK AND DOLPHINS IN WILMINGTON HARBOR FOR H & R TOWING COMPANY EAGLES ISLAND, BRUNSWICK COUNTY, N.C. C/o ALAN RUSHER P.O.BOX 947 WRIGHTSVILLE BEACH, NC 28480 Page 2 of 2 State of North Carolina Department of Environment, NY WXVA 'FAA Health and Natural Resources 4 •0 Division of Coastal Management _ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E)E H N R Roger N. Schecter, Director Novemberr 4, 1996 H & R Towing Company P. O. Box 947 Wrightsville Beach, NC 28480 Dear Sir: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be we that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, NivC FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal FAX Action Employer Voice 919-733-2293 50% recycled/100% postconsumer paper 'r DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: H & R Towing Co./Alan Rusher 2. LOCATION OF PROJECT SITE: SR 1300, west side of Cape Fear River, approximately 800 feet south of the Cape Fear River Memorial bridge, in Brunswick County. Photo Index - 1995: 14-152, I,K-19,20 1989: 179-37 M,N-16,17 1984: 15-187 O,P-10,11 State Plane Coordinates - X: 2316200 Y: 175200 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/28/92 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 8/16/96 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick Co. Land Classification From LUP - Transitional Industrial (B) AEC(s) Involved: PT,EW (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic tank system Planned - none (F) Type of Structures: Existing - Storage Bldg., shop, & office Planned - Pier (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Open Water -covered by pier 4900 sq.ft. (C) Other (D) Total Area Disturbed: 4900 sq.ft. (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: The applicant proposes to construct a commercial pier to supplement his existing marine towing business. IJ H & R Towing Co./Alan Rusher Page 2 9. PROJECT DESCRIPTION The project site is located on S.R. 1300, on the west side of the Cape Fear River, approximately 800 feet south of the Cape Fear Memorial Bridge, in Brunswick County. The property is accessed by an unimproved road (SR 1300), off of the entrance road (SR 1352) to the USS Battleship North Carolina Memorial Park. The applicant currently operates a marine towing company on the 2.6 acre site. Existing structures on the site include several storage buildings, a shop, and a small office. The east side of the property, adjacent to the Cape Fear River, is bulkheaded, and a man-made canal, approximately 300 feet long and 70-90 feet wide, borders the southside of the property. The Cape Fear River is approximately 1,000 feet wide in the project area, with a water depth of 12-14 feet along the bulkhead. The shipping channel of the Cape Fear River is approximately 550 feet wide in the project area, and is located approximately 300 feet waterward of the bulkhead. The channel is maintained to a depth of 40 feet by the US Army Corps of Engineers (Wilmington Harbor Project). In the project area, the waters of the Cape Fear River are classified SC by the NC Division of Environmental Management, and are designated as primary nursery area by the NC Division of Marine Fisheries. The applicant is proposing to construct a commercial pier to supplement the operation of his existing marine towing business. The pier would be approximately 100 feet long and 20 feet wide. A 165 feet long, 20 feet wide, L shaped dock, parallel to the river, is proposed at the end of the pier. A mooring dolphin is proposed at each end of the L-head dock. The dolphins would consist of either 12 wooden pilings, or 3 steel pilings, and would be located 16 feet off of the north and south ends of the dock. The waterward end of the structure would be 185 feet from the near edge of the federally maintained shipping channel. Water depths at the end of the proposed pier/dock are reported to be approximately 18 feet at mean low water (MLW). 10. ANTICIPATED IMPACTS The construction of the proposed pier would incorporate 2900 square feet of estaurine waters and public trust area. There are no other piers in this area which extend 100 feet into the river, however, two permanently moored ships, just south of the project, extend approximately 150 feet into the river. The potential for rafting boats and/or barges waterward of the proposed pier, poses additional navigational concerns. Submitted by: E.F. Brooks Date: 9/19/96 Office: Wilmington DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENT70N OF October 31, 1996 Regulatory Branch Action ID No. 199605587 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of H & R Towing Company for a Department of the Army permit to construct a pier ending 185 feet from the near edge of the Federally maintained Wilmington Harbor shipping channel in the Cape Fear River, in Wilmington, Brunswick County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. No vegetated wetlands will be excavated or filled. 3. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 4. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 5. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. 6. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will -J , hold the United States liable for any such damage. *4VEg NOV 6 1996 00 MA 4GENENT I 7. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required State/Federal coordination. 9. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 10. In issuing this permit, the Federal Government does not assume any liability for: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, 4� /,/Jeffrey H. Richter 1I//'j Project Manager Wilmington Regulatory Field Office 2 Copies Furnished: Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATfENT10N OF September 30, 1996 Regulatory Branch Action ID No. 199605587 H & R Towing Company ATTN: Mr. Alan Rusher Post Office Box 947 Wrightsville Beach, North Carolina 28480 Dear Mr. Rusher: On February 11, 1991, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received August 16, 1996, for Department the Army authorization to , indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will furnished to the State. M be If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned Action ID No. 199605587. It will be coordinated by the undersigned in our Wilmington Field Office. Should you have any questions concerning this matter, please contact me at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management X/11orth Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, NW Atlanta, Georgia 30303 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 i 1` DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WLLMINGTON, NORTH CAROUNA28402-1890 REPLY TO ATTENTION OF Regulatory Branch 5-1 Applicant H Action ID. 1OA�(>5FS APp Waterway a �_ iZ « County Ne' k k".,Lr Type Work 1 Mr. Larry Hardy National Marine Service, NOAA givers Island Beaufort, North Fisheries Carolina 28516 Field Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina '1 27611-7687 W'I\m1� �od1 Regional Office Division Coastal Management North Carolina Department of Environment, Health and Natural,Resources l�-1 crdl�nal �c'wL Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your `comments and/or recommendations would be appreciated on or before (:)c.i" Questions or comments may be addressed to Regulatory Branch, l.V n Field Office, telephone (q101 7.51 !4LP36 sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure _ h1R DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO September 4, 1996 ATTENTION OF Construction -Operations Division Mr. Ed Brooks \ Coastal Management Consultant Wilmington Field Office Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources. 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Dear Mr. Brooks: v� SEP 0 9 19 D 96 DIVISI01,4 OF COASTAL MAI4IAGEMENT We have received a copy of a CAMA application from H&R Towing Company, Inc., regarding construction of a dock for barges, tugs, and other vessels. From a navigation stand- point, we have no objection to the proposed plan provided the new dolphins are not placed within 15 feet of the property line'as extended perpendicular to the channel. By copy of this letter, H&R Towing is reminded that a U.S. Army Corps of Engineers' permit is required for any work in navigable waters.. - '.Issues other than navigation will be reviewed. Sincerely, Brian F. Moore Operations Project Manager Copies Furnished: Mr. Alan Rusher H&R Towing Company, Inc. Post Office Box 947 Wrightsville Beach, North Carolina 28480 Mr. Charlie Hollis 138 Green Forest Drive Wilmington, North Carolina 29409 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: H & R Towing Co/Alan Rusher COUNTY: Brunswick LOCATION OF PROJECT: SR 1300 west side of Cape Fear River, approx 800' south of the Cape Fear Memorial Bridge in Brunswick County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 08/16/96 FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N/A FIELD REPRESENTATIVE: Ed Brooks DIS ington DISTRICT MANAGER REVIEW: S .. � °o" B) DATE APPLICATION RECEIVED IN RAL CC REC'D: $_�� . PUBLIC NOTICE REC'D: F NOTIC TE: ADJ. RIP. PROP NOTICES REC'D: C'D: C) APPLICATION ASSIGNED TO: ON: 5 75 DAY DEADLINE: D - b 150 DAY DEADLINE: MAIL OUT DATE: 9 - - 9 Ip STATE DUE DATE: I FEDERAL DUE DATE: O - - FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office ,. Div. of Community Assistance _ Land Quality Section Div. of Env. Management State Property Office 10 Div. of Archives & History Div. of Env. Health Div. of Highways Wildlife Resources commission I Div. of Water Resources �' _ �Y' Div. of Marine Fisheries Recommendations for State Permit - H & R Towing Co./Alan Rusher I have no objections to the proposed project, provided the project is approved by the USACOE, Regulatory and Navigation Branches, for navigational non-interference within the federal Wilmington Harbor Project. I recommend standard permit conditions for pier construction. C u The applicant also wishes to continue his previously permitted authorization for maintenance dredging, which expires on 12/31/96. I have no objection to this request, and recommend the standard maintenance clause. State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 19, 1996 ut�lu � :: a\� iiili5a TO: Zorn D. Bruner, District Planner Division of Coastal Management FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: H & R Towing Co./Alan Rusher Project Location: SR 1300 west side of Cape Fear River, approximately 800 feet south of the Cape Fear Memorial Bridge in Brunswick County Proposed Project: The construction of a commercial fishing pier to supplement the existing marine towing business Please indicate below your office's position or viewpoint on the proposed project and return this form by Oct 11, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at 910/395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. 8 F� t`j1�GF£ 9g6 I �' r9 SIGNED DATE o 127 Cardin Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer LT ;W r� I DFEE HNFR, MEMORANDUM TO: John R. Parker, Major Permits Processing Coordinator cc: Preston Pate, C.R.Stroud, Jr., E.F. Brooks FROM: Zoe D. Bruner, DCM District Planner SUBJECT: CAMA/DREDGE & FILL Permit Application Review H&R Towing Co./Alan Rusher DATE: October 7, 1996 This permit consistency opinion is based on my review of the H & R Towing Company/Alan Rusher permit application, the Field Investigation Report (EF Brooks, 9/19/96), and my understanding and interpretation of the policies presented in the Brunswick County Land Use Plan and the Wilmington/New Hanover County Land Use Plan. The applicant proposes to construct a commercial pier to supplement his existing marine towing business. The property is located 800 feet south of the Cape Fear Memorial Bridge. The business pays taxes in Brunswick County. The proposed construction may be in New Hanover County. The location and complete description of the project are in the Field Investigation Report. LAND USE.CLASSIFICATION: Conservation (AEC) RELATED POLICIES AND IMPLEMENTATION MEASURES: Both the Brunswick County and Wilmington/New Hanover County Land Use Plans promote industrial use of the Cape Fear River. Both plans also support state and federal regulations which apply to activities on or in the River. CONSISTENCY OPINION: Recreational and commercial boating opportunities along the Wilmington waterfront are expected to continue and expand during the next 10 years. According to the Field Report, the design of the proposed pier extends farther into the Cape Fear River than any other piers in the vicinity. A proliferation of piers extended into the public trust may have a long- term safety ramification The project will be consistent with the policies of both jurisdictions involved IF the pier poses no impediment to navigation, and IF there is no long term negative impact to the natural resources of the area and when all permit conditions are met. State of North Carolina Department of Environment, Health and Natural Resources DMsion of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM MG September 24, 1996 Mr. Joe Henderson, Acting Director State Property Office Department of Administration • t 1, i�V• 1 EDFEE HNR rn FROM: John Parker, Jr. C)!�t Major Permits Processing Coordinator co SUBJECT: C E &FILL Permit A lication ReviewPP APPLICANT: H & R Towing Co./Alan Rusher PROJECT LOCATION: SR1300, west side of Cape Fear River, Brunswick . PROPOSED PROJECT: To construct a commerical pier to supplement existing towing business. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 15, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. This agency has no objection to the project as proposed. This agency has no comment on the proposed project. approves or t See attached. project, only if the recommended changes are This agency objects to the project for reasons described in the attached comments. Date ( P.O. Box 27687, Nto* r FAX 919 733 1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmatve Action Employer Voice 919-733-2293 I ✓f7! 7!►11 50% recycled/ 10% post -consumer paper W State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 24, 1996 MEMORANDUM IDEHNR TO: Mr. Charles R. Fullwood, Jr., Director i p I1� Wildlife Resources Commission Q , Attn: Habitat Conservation Program RfC OAT I 7 , N� 7 r�96 FROM: John Parker, Jr. ;kit ti Major Permits Processing Coordinator rt` SUBJECT: REDGE &FILL Permit Applkixia- evi APPLICANT: H & R Towing COJAtan Rusher PROJECT LOCATI S: SR1300, west side of Cape Fear River, Brunswick Co. PROPOSED PROJECT: To construct a commerical pier to supplement existing towing business. Please indicate below your agency's position or viewpoint on the proposed and return this form by October 15, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733- 2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached memo. SignedDate P.O. Box 27687, Nt- FAX 919-733-1495 Raleigh, North Carolina 27611-7687 CAn Equal Opportunity/Afflrrnative Action Employer Voice 919-733-2293 50% recycled/ 10% post -consumer paper ® North Carolina Wildlife Resources Commission KN 512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391 Charles R. Fullwood, Executive Director 101RIOMI NINDili 0 TO: John Parker, Jr. Major Permits Processing FROM: Bennett Wynne 6J Habitat Conservation Program DATE: October 15, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for H & R Towing Co./Alan Rusher, SR 1300 on west side of Cape Fear River, Brunswick County, North Carolina. The Wildlife Resources Commission has completed a review of the project. A site visit was made on October 11, 1996. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A- 128). The applicant proposes to construct a commercial pier across the Cape Rear River from Wilmington to further develop an existing towing business. As proposed, the pier would be approximately 100 ft. long by 20 ft. wide with a 165 ft. long "L" running parallel to the river. Dolphins are proposed at each end of the "L". It appears the project would extend approximately 115 ft. into the river. No other piers in the area extend this far into the river, although 2 ships moored nearby exceed this distance. For this project, our primary concern is navigation safety. The proposed project may constitute a hazard to vessels using the channel if a large vessel is moored on the channelward side of the pier, particularly at night. This problem could become more acute if the 2 adjacent ships are e 1( H&R Towing Co. 2 October 15, 1996 ever moved. Based on the workplat soundings, 18 ft. of water depth would still be available if pier length was reduced by 20 ft. In response to our concern for navigation safety, we recommend the following. 1. Reduce pier length from 100 ft. to 80 ft. 2. Provide night time lighting on the pier. Thank you for the opportunity to comment on this project. If you need to discuss these comments or need additional assistance, please call me at (919) 522-9736. cc: s:\boatfish\habcon\coast\d4 (h&rtow.doc) State of North Carolina Department of Environment, Health, and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM V l7EHNF� 1 October 1996 TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator FROM: P.A.. Wojciechowski_.Ae�' SUBJECT: DREDGE AND FILL PERMIT H & R Towing Co./Alan Rusher Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc OCT 2 1996 GUASW MANAGEMENT P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina r3epartment of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director EL C)FEE HNFi September 19, 1996 TO: Mr. Bruce Freeman, Director Division of Marine Fisheries FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: CH&' R Towing Co./Alan Rusher Project Location: SR 1300 west side of Cape Fear River, approximately 800 feet south of the Cape Fear Memorial Bridge in Brunswick County Proposed Project: The construction of a commercial fishing pier to supplement the existing marine towing business Please indicate below your agency's position or viewpoint on the proposed project and return this form by Oct 11, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. When appropriate, in-depth comments with supporting data is requested. REPLY: -This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE i w 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: SEP20M64•• ----------------- �EHNF� September 19, 1996 Mr. A. Preston Howard, P.E., Director Division of Water Quality PRO ohn R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: H & R Towing Co./Alan Rusher Project Location: SR 1300 west side of Cape Fear River, approximately 800 feet south of the Cape Fear Memorial Bridge in Btnncwick County Proposed Project: The construction of a commercial fishing pier to supplement the existing marine towing business Please indicate below your agency's position or viewpoint on the proposed project and return this form by Oct 11, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247, When appropriate, in-depth comments with supporting data is requested. REPLY w.Ro Filef This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ��—l`C 1� 11i ✓ r DATE �n —01-4 — CI � 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. DIVISION OF WATER QUALITY Jonathan B. Howes Governor WATER QUALITY SECTION Secretary August 28, 1996 Mr. Alan Rusher H & R Towing Co. P.O. Box 947 Wrightsville Beach, North Carolina 28480 Subject: New Dock Brunswick County Dear Mr. Rusher: The Wilmington Regional Office received a copy of the CAMA Major Permit Application for the construction of a new dock on August 28, 1996. Staff review of the plans and specifications has determined that the development activities proposed will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit. Please keep in mind that this determination does not relieve you of your legal responsibility to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Areas Management Act, Federal, State, or Local Governments. In addition, any future modifications to the project will require additional review from this Office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis at (910) 395-3900. Sincerely, Jim Bushardt, P.E. Acting Regional Water Quality Supervisor JBB/arl: S:\WQS\STORMWAT\CAMA\RUSHER.AUG cc: Ed Brooks, DCM Delaney Aycock, Brunswick County Inspections Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, N.C. 29405-3845 • Telephone 910-395,3900 • Fax 910-350-2004 An Equal Opportunity Affirautive Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 24, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker E:)EHNFR SEP 2 5 M DMF-PUB. TUSUBLANDS Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit Application Review �\ OCJ �CF/CFO N 41C �j"s96 APPLICANT: H & R Towing Co./Alan Rusher Ei1pNl PROJECT LOCATION: SR1300, west side of Cape Fear River, Brunswick . Sv PROPOSED PROJECT: Proposes to construct a commercial pier to supplement existing marine towing business. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY ✓ There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed ,/ a/v/�/ Date Z7 G P.O. Box 27687, N ��CFAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/AfflrrnatNe Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper P. .ems tote c flepar } Health J IJk 151vision ry th Carolina t of Environment, Natural Resources astal Management James B. Hunt, Jr., Governor Jonathan 13, Howes, Secretorrr Roger N, Schecter, Director ID U H V HIV. ill' -- i• iiiili'c',_( Ti.L ttFUd CCr 15 ;995 September 24, 1996 t E C It! IViEMORANDUM =k �Y TO. D Ms. Linda Sewall, vision of Environmental Director Health �~ �varrC ras,; rl%; FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: QH R Towing Co./.Alan Rusher PROJECT LOCATION. SR1300, west side of Cape FearRiver, Brunswick Co. PROPOSED PROJECT: To construct a cornmereiai pier to supplement exisihig towing business. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 15, 199b. If you hat e any questions regarding the proposed project, please contact John Parker at ?33-2293. When appropriate, in-depth continents with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no continent on the proposed project. f This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date�� P.O. Box 27687, �`�� FAX 919-733-1495 An Equal PAX Action Employer Raleigh, North Carolina 2761 i-7687 NC Voice919-733-2293 a 1, 30%recyclad/10%Post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 24, 1996 VOW 13HI : 1A 111lil31 TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: QH R Towing Co./Alan Rusher PROJECT LOCATION300, west side of Cape Fear River, Brunswick Co. OCT 101996 C11AS[AL MANAGWENT PROPOSED PROJECT: To construct a commercial pier to supplement his existing towing business. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 15,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293 when appropriate, in-depth comments with supporting data are requested. PLY This agency has no objection to the project as proposed. V— This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. P.O. Box 27687, 7�FAX 919-733-1495 C An Equal Opportunity/AfflmiatNe Action Employer Raleigh, North Carolina 27611-7687 N� Voice919-733-2293 17�'17�7�+� 1111 5G% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 24, 1996 1 F"07TYLT511115509 TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator A 0011' 1DEHNFR RLECEEIVEO OCT 3 1996 C AAL MANAGEMENT SUBJECT: DREDGE & FILL Permit Application Review \� i APPLICANT: H & R Towing Co./Alan Rusher PROJECT LOCATION: SR1300, west side of Cape Fear River, Brunswick Co. PROPOSED PROJECT: To construct a commercial pier to supplement existing towing business. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 15, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. Signed This agency approves of the project, only if the recommended changes are incorporated. See attached. troject for reasons described in the attached comments. Date 9 P.O. Box 27687, Nia", CFAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 24, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR SUBJECT: CAM DGE & FILL Permit Application Review APPLICANT: H & Towing Co./Alan Rusher PROJECT LOCATION: SR1300, west side of Cape Fear River, Brunswick Co. AMVED OCT 2 1996 cuAs AL i PROPOSED PROJECT: To construct a commercial pier to supplement existing towing business. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 15, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. �1 �( This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date P.O. Box 27687, �`��FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N " C An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper Sate -of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director LFWA 3W EEHNR September 19, 1996 MEMORANDUM: il L2� TO: Mr. Charles Gardner, Director REcEEIVED Division of Land Resources SEP 231996 co MANAGEtIENi FROM: John R. Parker Major Permits Processing Coordinator 9 ig SUBJECT: �CAAMMA/DREDGE & FELL Permit Application Review Applicant: YL,& R Towing Co./Alan Rusher Project Location: SR 1300 west side of Cape Fear River, approximately 800 feet south of the Cape Fear Memorial Bridge in Brunswick County Proposed Project: The construction of a commercial fishing pier to supplement the existing marine towing business Please indicate below your agency's position or viewpoint on the proposed project and return this form by Oct 11, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. When appropriate, in-depth comments with supporting data is requested. REPLY: \ ' This agency has no objection to the project as proposed. 41 This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE YEPr Zo> ip9L 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer WF"!S' I: orth Carolina Department of Environment, Health and Natural Resources Wiimington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director IuI�IT—i,�C�)7: ►I�� Ilil►�ii A I ffl�WA C)EHNR September 19, 1996 TO: Mr. William A. McNeil, Director rAM4 Division of Community Assistance cD DFROM: John R. Parker 96 Major Permits Processing Coordinator SUBJECT: AMA/DREDGE & FILL Permit Application Review V Applicant: \ H & R Towing Co./Alan Rusher Project Location: SR 1300 west side of Cape Fear River, approximately 800 feet south of the Cape Fear Memorial Bridge in Brunswick County Proposed Project: The construction of a commercial fishing pier to supplement the existing marine towing business Please indicate below your agency's position or viewpoint on the proposed project and return this form by Oct 11, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. When appropriate, in-depth comments with supporting data is requested. REPLY: This a has no objection to the project as proposed. I s agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED - ATE 112 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources IT FWAA Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor p E H N FI Jonathan B. Howes, Secretary Roger N. Schecter, Director September 19, 1996 H & R Towing Co. c/o Alan Rusher P. O. Box 947 Wrightsville Beach, NC 28480 Dear Mr. Rusher: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located on S. R. 1300, adjacent to the Cape Fear River, in Brunswick County. It was received on August 16, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 30, 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right -of --way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincere f - E.F. Brooks Field Representative III EFB Enclosure cc: John Parker, DCM Bob Stroud, DCM Becky King, LPO Jeff Richter, COE Preston Pate, DCM 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 a Fax 910.350-2004 An Equal Opportunity Affirmative Action Employer •Complete items 1 and/or 2 for additional services. I also Wish to receive the •Complete items 3, 43, and 4b. following services (tor an •Print your name and address on the reverse of this form so that we can return this extra fee): card to you. -Attach this form to the front of the mailpiece, or on the back it space does not 1, ❑ Addressee's Address permit. • Wnte'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery •The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: I 4a. Article Numhwr ATLMaHt r c� rvt N L 4b. Service Type IP401AM (21CIAJXMCTP� ❑ Registered Certified /� ❑Express Mail ❑Insured 333o QVEX Popp ,I �j�I11V ❑pRpetNgm Receipt for Me ❑COD (t'I��1NaYovr /yL 2S�ir ` ".9p yeive !, � 1�96 Received By: (Print Name) '(.YQdresseea'sa lAddress (Only i/ requested COAS AeRPvf4� j (G,01 i PS Form 3911. Dernthri 1 QQ4 UNITED STATES POSTAL SERVICE c Posta&Mail Postagege &Fees Paid LISPS 1 1`i�FTT Pt) iLl L bi:; }�r=t,j 3i1 114ii:':.; _ 1A Permit No. G-10 • Print your name, address, n ZIP Code in this box • 14 RC.dG [` L_t_t 5 uL• vLf CNSUL"^3T- 3 I�fLKifA16IO�V, NC Za'40q (n�,��ul u�ul��n,�ilu 1, nll Illu�lilnliln �r�n liln�i�nililnli�u li��l eMY. Ptrr G 8 go 3 n 4 FILED FOR6 ECISTRAIIOH' EDfr_S43f�� 92 JUL -7 1,11 8: 47 I,:: Ei,l :. l..uiiIS011 !:SISTER OF DEEDS CrIN11f. H.C. heW a Recording Tlme. Book and Pete Tar Lot No. ........ Parcel Identifier No. A. a ov —�...-�/••••••••-�•'••• Verified by ................. .. .. County on the .. ... day of . ............., to ........... by.. ............................. ....... ....................... ...... ........... ..... ........ _........ Lailafter recording to..................................................................................................................... ...... ........ ........ ................................................ :..... ....... ... .................... .. This Instrument was prsParsd by .,IWcehl�onp iglort [�udriekt _CSb�oo i Drveoport Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this . �r . day of .............. ]Itne............... . ... . . 19..92., by and between GRANTOR 1 GRANTEE William Anthony Devito, Jr., Escrow Party under Agreement dated June 1, 1992 RET. FeLry L2W is IOTAI ID, LREV. TC B—LL_ REC M CKAMT In-QD II yu34 CASHREF_ BY 96 Enter la appnpeials bts,e tar a,b party, name ddren, and. If aPPI E. Alan Rusher 051N, 701��� 14 West Henderson Street Wrightsville Reach, NC 28480 eprWq than der of te1111y. ee. eerparallen er patlaenhlP. The designation Grantor and Grantee a used herein shall include Bald parties, their heirs, succeuors, and 8211¢ne, 5- -shall Include singular, plural, masculine, feminine or neuter as required by context. acknowledged, a knowled¢ d, has and by these valuablet the Grantor. for a e, the e presents doesgrant.nbarsideration paid by the G reby gain, Bell and convey ethe receipt which s Granteea d in !mpleale that certain lot or parcel of land situated In the City of ............... ..................... ... ...................... Township, _..... newlck Cuuuly, North Carolina and more particularly described as follows: Sae Exhibit A attached hereto and incorporated herein by reference. .� LI }. J AUG C B .99E GIVISi., ,, OF COASTAL MANAGEMENT .,rinnnt 890 1 n 5 The property here in above described was acquired by Grantor by Instrument recorded in Book §01,)'age 7261............... Bruneviek County Registry ................................... ............................................................... .................................... . A map showing the above deae.[bed properly i/ recurded In Plat Doak . TO HAVE AND TO HOLD the &foretold lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee In fee Simple. n fee ses And the Grsnlur covenantsh h the GranteL, oat GrAl londiclear of all encnmbrioncets, and athat Grantor wlllgwarrant and the same in fee simple, that ll ehlims at all persona whomsoever except for the exception,hm'elneller stated. defend the title against the lawful Title in the Property hereinabove described is ,bj,,ct to the fullnwing eareptiuns: Subject to 1992 property taxes, easements, reservations and restrictions of record - "love Notary(ies) Public (is$are) CegificJ to be Correct. This Instrument was filed for Registration on the Day and flour in the Book and Page shown on the First Page hereof. RM4. R09E T J. I1I81 SON, RgLler ul Dudl M.C. Yt AUN. en. Mo. a 0 P11, ebtl,d Ill,. ''''11lJJJ A F ' Exhibit A F"P• Qj0 r'•"'V6 BEING all of that certain tract or parcel M 9 G 306 land located in Town Croak Township, Brunswick County, Stacs of North Carolinu and being more particularly described as followas _.. (1) Beginning at an iron pipe monument in Zhu 0astern right of way line of Secondary Road No. 1300, acid iron pipe monument bring located south 67 degreaa, 17 minutes east, 21.64 feat from a point located in the center line of 'raid Secondary Road No. 1300, said point in canter line of Secondary Road No. 1300 being located by the following call and distances from the intersection of the canter line of Saeondary Road No. 1300 with center line of Secondary Road Nu. 1352 (said Secondary Road No. 1352 bearing south 85 dugreea 28 minutes wont): south 3 doyeuca, 57 minutur west, 714,60 Sant, and south,0 dagraeu 27 sainutoa 6ast, 263.75 feat, south 26 degrrra 23 minutes• Heat 000.00 feet and south 12 dvgrets 30 minutes Mast, 1033.48 feats (2) running thwnoa from said beginnin.II point aeuth 67 degrees 17 minutes east, 372.6 foot to an iron pipe monument, the corner of tract No. 4 belonging to the Unitud States Covernmentl (3) thence along the line of said tract No. 4, north 22 aogrbea, 43 minutua rant 100.5 fear to an iron pipe monument, the corner of said tract No. 41 (4) thence running along the southern line of said tract No. 4, south 67 degrees 17 sninutas east, 107.35 Coat to an iron pipe monumentl (6) thence south 67 degrees 17 minutes east 5 feat to the high water line of the Cape Fear River and the udstwrn edge of a concrete bulkheads (6) thence along the high water line and the eastern edga of the concrete bulkhead about south 22 degrees wart, 245 feat to the southern edge of a timber bulkheads (7) thence along the southern edge of the timber bulkhead and the high water line westwardly, southweutwaraly and eastarly to A terra, eocta pipe in the northern line of Inturnational Paper Companyl`(8) thenoe along the northern line of International Paper Company north 76 degrees 58 minutes west 236.15 teat to an iron p?pe awnument in the eastern line of Secondary Road No. 13001 (9) thenca along the e actorn line of Secondary Road 1300 north 12 de6reos 22 minutes oust, 315.7 feut'to the point of beginning, containing 2.71 acres, more or loss, and bring tract No. 2 as shown upon a plat of rho N11juington Engineers Boat and R+pair Yard, wilnUngton, North Carolina, dated th: 21ax� _ day of May, 1953, which plat is on file with ties R 1. United States, Army Corpa of Engineera, Wilmingtbn -_ District, Wilmington, North Carolina, File No. _") C11417., together with all right, title and int.i'retlt of party of the first part in -and to the area — ' AUG 0 8 96 lying between the northern and southern line of tho above described property extended east- wardly to the u. S. Harbor Line of the Cape CO STAL AAAOIAh Fehr River, THIS in Lila same tract of lend as was convoyed to. Atlantic Cult and Pacific Company by warranty deed from Cruyory Poole Equipment Company and Wolf Summit Coal Company, said deed being dated July 11, 1969, and recorded July 30, 1969, at 4110 p.m. in Book 230, Page 913', Brunswick County Registry. l Bone P!rr • G890 3 n 4 glels, Tat, b _ Kill FOR �!FCISHI A11011 ' Euc,:_89O .%f L- 92JUL -7 Ili 8:47 4-wiliDll ! :;ISIiR DF DEEDS Recordglnr Time, Hoot and Page Tax Lot No. __... Parcel Identifier No. sal. 0 Oylo !J ._ ........ _ .. ... Varlded by _. .. .......... _. .. . County on the . dry of _. ....._, 19........... .. _ _. __.. ............................................................... by - -1 hell after recording to .............. _...... _..................__..._ ._._.. ........................................ .... ......................................................................................... This Instrument was prepared by ..Il4ecb hoop ,Tglorr Gndrickl Cibeor A Dereoport Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED wads this .30.7�! day of Jura ..... _.__ _ , 19..92-, by and between GRANTOR I GRANTEE William Anthony Devito, Jr., Escrow E. Alan Rusher Party under Agreement dated June 1, 1992 RET. 64PQ= L.eLa;5 B- O IOTAI 10. ib REV • 14 West Henderson Street TCM 61 REC/ Wrightsville Beach, NC 28480 CKAMT In,00 / y434 CASH REF. BY 9.6L Ealu to eppnpiab abea br arch Wl, um,, addnu, cad, i/'pang We, ehan<ler of eenq, l, eerpealln ar prlerraalp The designation Grantor end Gran l<e sa used hire In shall Include said parties, their heirs, successors, and assign', ano shill Include singular, plural, masculine, feminine or neuter as required by contest. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby acknowledged, has and by these presents does Rant, bargain, sell and convey unto the Grantee In far simple, ill that certain lot or parcel of tend shunted In the City of _. .. _...._..., ._. _.............. ... �...................... Township, Drunevick County, North Carulloa and more particularly described as follows: See Exhibit A attached hereto and Incorporated herein by reference•. AUG 0 8 1996 J DIVISt. - OF COASTAL MANAGEMENT Q 90 �n5 Book 886,1.Y}g!.i.�a s............... The property herelnabovs described We, scyul«d by Grudor by InB9 stiumenl recorded In . .................. {runevlek County Re{latry _ _ _ .................. ._....... .. . ........................._ ............ .. A map showing the above deseAbed properly Is recorded in pit iluuk . ... page .. ........ TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee In fee simple.has And the Grantor covenants with the Grunter, that Grsntar Is select of the pnmiw In fee tmplo, that ant r right to convey thedefen"Me Ind the tilettle ytnt thhat e lawfulle lel.Mu Nf ail personand s w'hom� e and lear everuexcept fur the e,c,pllm a hel'elnafler tailed warrant and Tlllt to the properly Ilereinshove described 1. subject to the lullnwbq ezceplimu: Subject to 1992 property taxes• easements, reservations and restrictions of record. o.tnW auI IF 11. I.I, .N\.,Y.e dllu. .nd lam na N N Mr,..0 .Illy. a nip .1 I Y.. pr «f I.., IYII W WITNYaa Wllaaaes. W 6uN., M. Y.Y,....1 4.1 \b \.a.... -Is N 11 ." IF \u oo,. .0 IuuoM U M N N UVI Y.111«. (tIALI .A(/rT...�/4h. . •.....................William Anthony Devito. ] .. Escrow ..........................IC..p...IS Ya.e) V. o party under Agreement dated ]one 1, 1992IISALI or;.... ....................................................... r:........................................................... ............................I..Ild.al •2 Israeli S ...................................... p buNq let's ,u.1. doll Y .a♦L.TA>.r Noaill CAYOI.INA. .................. t.. Wbq I.Nk .1 IM r«nlr .nd a1.Y .bunld, oN14 Y.•1 .... .................................... 5........ .............. William Amtlany Devito. ]r., Eserov Pert ,,. •......... gRw ary..Its.......•..1...w.Y..•+.....4..�......I..I..rI., /..,I,I.e I..I..w,.I WIY..I .. 3 June ..................Ie.... Carters 'w sill .1 ...................^ .....................IIIALI ................... ..................... Yr «wwb.b..ylu.: ............ ................... ...................... ... NaarlleAau1.INA• ....... ............................ L . NNNY r.Yll. d IM C.I.IF I'd se.t. Yona., N,Oq 1\II .........-.. pu«.or o.. ML. w. YY 4t .ed .tY«.Yq.d YN M by ............. 3 ..........................r.r....Il«...d I..I YI ..Y..w...1. ..............It.............. ........ IN NI .1 Ib n.Yntllu, Ib Irl.l.lq 1«Iu.NN u. .pod 1. YI .aw. YY • •-'.. 4m,Yq. 1 I dl. Ip nrplN. NY .d .IIY1.I YY ........... .. NI ......................... rfuNeol..u. U........,. _ Wn.W e1 b... u..In.YI N.wY n Y.1. 1\Y .......4I .1 ................ ', ........................-...- YW STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Si 1996 — The Foregoing for annexed) Cerlificste(s) of ,F \GEMENT Nolary(ies) Public (is)lale) Certified to be Correct. This Instrument was filed for Registration on the Day ��a��nd flour in the Book and, age shown on the First Page hereof. !i"W poiLAIT J. N(II�PrehW of nnd, II.C.Y. AYN. r.,m 111 3 O 1..., ..rI... 1111. Exhibit A crr• Q90 r�nr 3_76 LEING all of that certain tract or parcel 9f 9 0 306 land located in Town Creek Town6hip, Brun6vick County, State of North Caroline and being more particularly d-Ncribed as follows _ (1) suginning at bn iron pipe monument in the . uustarn right of way line of Secondary Road No. 13oo, said iron pipe monumene bring located couch 67 degrees, 17 minutes east, 21.c4 feat from a point located in the eentar, line of said Secondary Road No. 1300, said point In cancer' line of Secondary Road No. 1300 being located by the following call and di6tanoee from the intoreection of the canter line of Secondary Road No. 13oo with center line of 5econdary Road Nu. 1352 (said Secondary Road No. 1352 bearing south 85 dagraes 28 minutes wost), Louth 3 oegreou, 57 minutes west, 714.60 feet, and 6ouch, U dagroes 27 minutes east, 263.75 feet, south 26 degrees 23 minutes went 000.00 feet and south 12 dogrccs 38 minutes Meet, 1033.48 feat; (2) funning thence from said beglnninq1 point scuth 67 degrees 17 minut.oe east, 372.6 feet to an iron pipe monument, the corner of tract No. 4 belonging to the united States Goverrw&nt1 (3) thence along the line of said tract No. 4, north 22 dngr6us, 43 minutaa saes 100.5 feat to An iron pipe nwnument, the corner of said tract No. 41 (4) thence running along the south6rn line of said tract No. 4, south 67 degrees 17 minute► a" t, 107.35 feet to an iron pips monument; (5) thence south 67 degrees 17 minutes east 5 feet to the high water line of the Cape Pear River and the eastern edge of a concrete bulkheads (6) thanes along the high water line and the &astern Edge of the concrete bulkhead about south 22 degrees we6t, 245 feat to the southern edge of a timber bulkhead; (7) thence along the southern edge of the timber bulkhead and the high water lin& wastwagdly, southwautwardly and Easterly to A term eotta pipe in the north6rn line of Inturnational Paper Company;•(8) thenoa along the northern line of Inturnational Paper Company north 76 dagreus 58 minutes west 238.15 teat to an iron pi.pa monument in the eastern line of Secondary Road No. 13001 (9) thence along the . eastern line of Secondary Road 1300 north 12 denreon 22 minutes east, 315.7 feet -to the point of beginning, containing 2.71 acres, more or ;use, and being tract No. 2 as shown upon a plat of the N1Luington Engineers Boat and Repair Yard, Wilmington, North caroling, datad th+ 21st day of may, 1953, which plat is on file with the united States Alny Corps of Engineers, Wilmington ,. District, wiLnington, North Carolina, Pile No. CU417., together with all right, title and 1nt•.radt • of party of the first part in .and to the area AUG 0 8 1996 lying between tho northern and southern line of tho above described property extended east- DIVISiu „ ,)F wardly to the U. S. Harbor Line of the Cape-:',OASTAL MA14AGEME Fear River. THIS is the caue tract of lurid as wad convoyed tu4 Atlantic Gulf and Pacific Company by warranty deed from Gregory Poole Equipment Company auto Wolf Summit Coal Company, Maid dued being dated July 11, 1969, and reeordad July 30, 1969, at 4,10 p.m. in Book 230, Page 911', Brunswlck County R69ietry,