19930153 Ver 1_COMPLETE FILE_19930303

State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
March 4, 1993
Alan Rusher
H & R Towing Company
Post Office Box 947
Wrightsville Beach, North Carolina 28480
Dear Mr. Rusher:
Subject: Proposed Fill in Wetlands or Waters
Upland diked disposal - return water
Brunswick County
DEM Project * 93153
Jonathan B. Howes, Secretary
Upon review of your request for Water Quality Certification
to place fill material in 7000 cubic yards of material for the
discharge of return water from an upland diked disposal site-
located at SR 1300 in Brunswick County, we have determined that
the proposed fill can be covered by General Water Quality
Certification No.. 2668 issued January 21, 1992. A.copy of the..
General Certification is attached. This Certification may be
used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 16.
If you have any questions, please contact John Dorney at
919/733-1786.
Sincerely,
Preston Howard, J P.E.
APH:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dornepf
Central Files
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax a 919-733-0513

An Equal Opportunity Affirmative Action Employer
4hTi
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James B. Hunt, Governor Roger N. Schecter
Jonathan B. Howes, Secretary February 9, 1993 Director
MEMORANDUM:
TO: Mr. A. Preston Howard, P.E., Acting Director
Division of Environmental Management
FROM: John R. Parker, Chief
Major Permits Processing Section
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Alan Rusher/H & R Towing Company
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: to expand an existing man-made canal by excavation ± 4,000 s.f. of
adjacent highground. He proposes to stabilize this shoreline by
constructing a bulkhead (250 If). He also proposes to complete
maintenance dredging of the remainder of the basin (18,000 s.f.)
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by February 26, 1993. 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: V 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 DATEi ?. ` ,
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employcr
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS
REVIEWER: GREGS
WQ SUPERVISOR: ADKINS
DATE: February 26, 1993
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 93 PERMIT NO.: 93153 COUNTY: Brunswick
PROJECT NAME: Alan Rusher/H&R Towing Company
PROJECT TYPE: Dredging PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: February 9, 1993
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030617
*STREAM OR ADJACENT WATER BODY: Cape Fear River
CLASS: SC STREAM INDEX #: 18-(71)
*OPEN OR CLOSED: Closed
WL IMPACT: N/A WL TYPE: N/A
WL REQUESTED: N/A WL ACR EST: N/A
HYDRO CNECT?: N/A WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?
MAR - 2199(3
N/JWATER QUALITY BO2Q
RECOMMENDATION: ISSUE
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to expand an
existing man-made basin and to conduct maintenance dredging.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification #2668 for dredge spoil
dewatering.
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
TO BE PERMITTED BY: N/A
IF BY DEM, IS SITE AVAILABLE
N/A
AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL - WATER: N/A WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? N/A
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? No
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
93153.Feb
Page Two
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project
be done in such a manner so as to not cause turbidity outside the
immediate construction area to exceed 25 NTU.
cc: Central Files
Wilmington Regional office Files
DCM-Brooks
John Parker
- I
DIVISION OF COASTAL MANAGEMENT
4* FIELD INVESTIGATION REPORT
w.
1. APPLICANT'S NAME: Alan Rusher/H & R Towing Company
2. LOCATION OF PROJECT SITE: SR 1300, west side of Cape Fear River,
approximately 800 feet south of the Cape Fear Memorial Bridge, in Brunswick
County
Photo Index - 1989: 179-37 M,N-16,17 1984: 15-187 0,P-10,11
State Plane Coordinates X: 2316200 Y: 175200
3. INVESTIGATION TYPE: Dredge and Fill, CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 1-12-93
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - CC-February 2, 1993
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Brunswick County
Land Classification From LUP - Transitional - Industrial
(B) AEC(s) Involved: ES, 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, Shop, & Office Buildings
Planned - Bulkhead
(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 18,000 s.f.
Open water
(C) Other
Highground 4,025 s.f.
(D) Total Area Disturbed: 22,025 s.f.
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open:
8. PROJECT SUMMARY: The applicant proposes to expand an existing man-made
canal by excavation ±4,000 s.f. of adjacent highground. He proposes to
stabilized this shoreline by constructing a bulkhead (250 If). He also proposes to
complete maintenance dredging of the remainder of the basin (18,000 s.f.).

Alan Rusher/H & R Towing Company
. Page 2
9.' PROJECT DESCRIPTION 2/4/93
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 U.S.S. 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 at bulkhead
of the project site. 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 U.S. Army Corps of Engineers (Wilmington Harbor Project). In the project area,
the waters of the Cape Fear River are classified SC by the N.C. Division of
Environmental Management, and are designated as primary nursery area by the
N.C. Division of Marine Fisheries.
The applicant is proposing to expand the width of the existing canal by excavating
the adjacent highground. The width of the highground excavation would be
approximately 35 feet wide on the western end of the canal and taper to zero,
over 230 feet, at the mouth of the canal, to a depth of 14 feet at mlw. The
applicant proposes to stabilize the excavated shoreline by constructing a vertical
bulkhead,,.250 feet in length. In place repairs and maintenance to the existing
bulkhead would also be accomplished at this time. The highground excavation
would create approximately 2,000 cubic yards of spoil material. A portion of this
material would be used to backfill the proposed bulkhead. Excess material would
be hauled to a highground site. The applicant is proposing maintenance dredging
within the existing canal to a depth of 14 feet at mlw. A distance of 20 feet
would be maintained between the dredging limits and the opposite shoreline, to
avoid any adverse impacts from undercutting or stuffing, to the adjacent property
owner's existing bulkhead and shoreline. The dredged area would be
approximately 300 feet long, extending to the 14 feet water contour in the river,
and average 60 feet in width. The maintenance dredging would be accomplished
using a hydraulic pipeline dredge. The project would create approximately 7,000 -
8,000 cubic yards of spoil material, which would be pumped to the existing, 700
acre, U.S.A.C.O.E Eagle Island, spoils disposal area, located 3,000 feet south of
the project site.
Alan Rusher/H & R Towing Company
Page 2
10. ANTICIPATED IMPACTS
The proposed highground excavation would convert approximately 4,025 square
feet of upland. area to open water. The proposed maintenance excavation would
disturb approximately 18,000, square feet of previously dredged bottom. There
would be some short-term turbidity associated with the dredging project, but
provided the work is timed to avoid periods of peak biological activity, no long-
term adverse impacts are anticipated.
Submitted by: E. F. Brooks Date: February 4, 1993 Office: Wilmington

A Please type or print. Carefully describe 0 anticipated
- development actjvitics, including construction, excava-
lion, filling, paving, land clearing, and stormwater con-

tt
vi. If the requested information is not relevant to your If you plan to build a marina, also complete and
:
- project, write N/A (not applicable). Items I-4 and g-9 attach Form DCM-2.
must be completed for all projects.
roposed activity maintcnance of an
€ project, new work, or both?

1 APPLICANT FEB . 2 ly s ,. -
N%
ill the project be for community, private, or
a. Name___ ?eWAI IC9054/E? n?r,r?

Ti?IiNG moo, '"N ?1 eommercialuse?
ry?
Q ['omY17E1?G?riL I?1?RIn1E ?oW1?IG
Haar ss-,#0, o. sox !3W7 COASTAL MAN AGE ENT
- City Lt//lit-/JtYVit%c i4cft State AIC d. Describe the p12,•tned use of the project.
?GZ• 0309

Zip 28YFro Day phone 9/9 - •^ •" ,I cX,uc P?-nla mooacAte,
?ess?-s
use t3 1 ?ow/AIG Co
&I""' Lando Amer or Authorized agent
b. Project name (if any) _ "7dcyin/G ?o ,
4 LAND AND WATER
C. If the applicant is not the landowner, also give the
' CHARACTERISTICS
owner
s name and address.
2 LOCATION OF PROPOSED
PROJECT
B. Street address or second -y road number
52- oo EAGLE =«,.'aa)
b. City, town, eornmum or landmark
SST S/pF of C'Aef re:-AP ayM ..?usT
SOOTA 8G C. A PE 'f R e-)wPm 1 L artlaGE-
C. COU-71ty-_9i2vntS 01 c-tc
d. Is prop sed work within cite limits or pla.-ming
jurisdiction?
C. Name of body f water neamsi o' ct
a. Size of entire tract 2 . e. a C
b. Size of individual lot(s) tVA ;
C. Ele\•a:io.^, of tract above mein sea level or
National Geodetic Vertical Datum
y' ensL
d. Soil lpe(s) a.-)d texture(s) of tract
e/ M> Fi -L
e. Vegetation on tract /VI A/L-
an -made fe2WTCS noA' on tract CE :? S-?rzwr. L-
F Wh2t is V? e CA_NIIA Land Use Plan Ci2ssiric2tion o:
the site? (Consult Ube local land use pla.-t.)
Co.2servation Tmrsitional
Developed -Comm =.'iy
Rural Other
h. liow is the tract zoned by local government?
3 DESCRIPTION AND PLANNED USE ,
OF PROPOSED PROJECT i. l~io,.\• are adjacentwaters classified?
SC
a. Describe all development activities you propose (for j. Iias a professional ambaeolo ical survey been
example, building a home, motel, marina, bulkhead, cw7ie,d out for the tact? X11 If so, by whom?
or Pier)._ ?ottz>v r MR WE (OW1/1?G orewi" nls? _
P/I?gielE 42e* irv2 TTD2t4loE ?-r??++?Dnri
14NV SUPPLM3
22.1£9
6 UPLAND DEVELOPMENT 47Q.+
Complete this section if the project includes any land FEB 2 1YYJ
development. -
a. Type and number of buildings, facilities, or DIVISION OF COASTALn'1r r; roe--?==`?
stntcturespro s 'j'?'rog mft
n. If the project is. oceanfront development, describe
the steps that will betaken to maintain established
b. Number of lots or parcels public beach accessways 1rovide new access.
c. Density (Give the number of residential units and the
units per acre.) &Z-A
d. Size of area to be graded or di turbed
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
lent 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
eonuol plan been submitted to )he Division of Land
Resources? ,&
Y'A
f. Give the percentage of the tract within 75 feet of
rnez, high water to be covered by impermeable
su=aces, such as pavemeJ'n?j, buildings, rooftops.
/?oAle
r
If the project is on the oceanfront, what will be the
elevation above mean se 1 vel of the first habitable
floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe belov., the purpose of proposed excavation
or fill activities (excluding bulkheads, which are -
covered in Section 7).
F. Lis: the materia's, such as mar], paver stone, asphalt,
or concret , to be used for paved surfaces.
h. If applicable, has a storm, Water management plan
beta submitted to the Division of E vironmental
IA?-tagement? 'V ?iA
i. Describe proposed sewage disposal and/or waste
wz-entreatment facilities.
?Xt 577it1G J&--P7
- :72;N/f
-1 C
J. Have these facilities received state or local approval?
Z6G l0 C
k. Describe existing trea me yfa ilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
W2stewater, industrial/comm,mmercial effluent, "wash
(MLN D or (1NT)
Boat basin
Other (bmak-
water, pier,
boat rarr,p,
rock jem')
Fill placed in
wetland or below
Ml-iw
Length Width Depth
AlvA1er
Upland fill
areas
,
b. Amount of material to be excavated from below
. water level in cubic yards 70,OD
c. Type of material S c--r S.F -'vD
d. Does the area to be excavated include marshland,
swamps, or other wet] ands? 4
O
e. High ground excavation, in cubic yards
!ao
2 12189

L Dim ins of spoil di sal a c. Shoreline erosion during p ceding 12 months, in
feet
g. Location of spoil disposal area -3000' sov416 d. Type of bulkhead material -...,dl,Y y?4_,
ate 5 /°f of x 15 77.AfG D 15 Pos /Q c. Je7Ze-X
e. Amount of fill, in cubic yards, ?p be placed below
h. Do you claim title to the disposal area? mean high water Nam
If not, anac a lene.r.granting permission
oAmer. ???c?strr? material
i. Will a disposal area be available for futu ?
mairanance? V& ?.
If so, where? ? 8 DDITIONAL INFORMATION
j. Does the disposal area include any marshland, DIVIS(0?'?,, Q d}':?'g?? the completed application form, thefollow-
swaMps, or water areas? COASTAL. MA??yfe?f st be submitted:
Wo
k V?'ilI the fill material be Id below mean high
watt;? o
1. Amount of fill in cubic yards
in. Type of fill materi al
n. Sou-w of fill material
A copy of the deed (with state application only) or other
instrurent under which the applicant claims title to the
affected property. If the appli cant 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.
o. Will fill material be placed on marsh or other
wetlmds? -
p. D,r;:ensions of the wetlan to be filled
?r77?
q. How will excavated or fill material be kept on site
and erosion controlled?
T. Nlrna- t)W of construction equipment will be used
(for exarrrpl , dr.agline, bac}hoe, orhydraulic
drecge)?,l?rzgv?
s. V?'iL' wetlands be c ssed in transposing equipment
to project site?, If yes, explain steps that will
be then to lessen environmental impacts.
7 SHORELINE STABILIZATION
a i.,er.<<h of bulkhead or riprap A? - -, `
b. Average distance waterward of mean high water or
normal water level )6gT /;& W
22199
An accurate work plat (including plan view and Mis .
sectional drawings) drawn to scale in black ink, on a,-t 8
1R x 11 white paper. (Refer to Coastal Resources
Commission Rule 00203 for a detziled description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line 2p
prints or other larger plats are acceptable only if V :jgh
quality copies are provided by applicant- (Contact the
U.S. Arrny Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a pan
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfarr; liar with the area to the
site. Include county road (SR) numbers, lan rnzrks, and
the like.
A stormw2ter management plan, if appli cab) e, that
tray have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
zdjacent waterfront (riparian) landommers. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
3
Name' ?.a G?aN ?K/GNC/oc
Address .D. ?a1c X50
Cdi "-XriiYyrnir lye- z"o z
• Name GLE =Wl- Z> I?_ _.W,1.?4ff
Address C-NrCVs
?o. Box /o t Zs'
?ic. sirs-Tt?r? /VC ZS ?o-S'
Name
Address
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow o* the development described in the application
The 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 ap-
proved Coastal Management Program a+nd will be con-
A list of previous state or federal permits issued for ducted in a manner consistent with such program.
work on the project tract. Include permit numbers,
perminee, and issuing dates. I further certify that I am authorized to grant, and do in
2gYiDVS w?xzie 'p?7¢ FizaeursD ,8 y fact, grant permission to representatives of state and
C'?&c p, federal review 2gencies to enter on the aforementioned
li9 r- ?? -xtisir5 /VDT e.oewr?Dlznds in connection with evaluating informztion related
to this permit application and follow-upmonitoring of
A check for $100 made payable to the Department of
Envirorn, ent, Health & Natural Resources to cover the
costs of processing the application.
project.
A signed AEC hazard notice for projects in oceanfront
L-)d ,let areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environ--nental Policy Act (N.C.G.S. 113A-1 to 10).
This is the 7-V day of ?? *? K 19
x
Authorized agent
tom=
FEB 1?+yJ
c vt , pF
CCASTAL n'IANAG t Ml E I'll
4 12189
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3 H & R TOWING CO.
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END Se GT IoN
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EAGLE ISLAND MARINE
RICHARD CARUS
N P.O. BOX 10125
WILMINGTON NC 28405
<<- ; ? lyyS
l 3 r S. '7 ' _L_
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3ATTLES011V
NO. CAM
OF
COASIhL 1: " :Ec rN
NOTE: Approx. 8000 cu yds
dredged material to be placed
in Corps of Engineers' diked
disposal area approx. 3000' south
(See Sheet 2)
PROPOSED MAINTENANCE AND IMPROVEMENTS
CMPe FCgR TO EXISTING BARGE/BOAT SLIP
Aq BRic?c CAPE FEAR RIVER
WILMINGTON HARBOR, N.C.
h?
I (BRUNSWICK COUNTY)
/ PRo-n-r C-T
V
LOCATION
ALAN RUSHER
H & R TOWING COMPANY
P.O. BOX 947
WRIGHTSVILLE BEACH NC 28480
SHEET 1 of 2
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CORPS OF ENGINEERS
AiALAN RUSHER
z' DREDGED MATERIAL DISPOSAL AREA ` YY. r• 1^X f H & R TOWING COMPANY
e? P.O. BOX 947
z w• ? ?? F i ??, Jti?aF•• ''?? .? .? - WRIGHTSVILLE BEACH NC 28480
i . j?- i' .?,t'.4>?11f ? v?L " yG' ,I. ?` ••
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r ?' ?` s? °' Y ` k - ' WILMINGTON NC 28402
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SHEE
IMPORTANT
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To
Date Z.!5 Time
IIWHIL-E YOU WERE UT
M ?'?DC? -n ?\L
of
Phone
AREA CODE NUMBER EXTENSION
Message <- 1 MA n j e? \ ?OV5ke
Co .
vuced? N1i'?
Signed
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources
?v ?'
Printed on Recycled Paper
DIVISION OF COASTAL MANAGEMENT
{
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Alan Rusher/H & R Towing Company
2. LOCATION OF PROJECT SITE: SR 1300, west side of Cape Fear River,
approximately 800 feet south of the Cape Fear Memorial Bridge, in Brunswick
County
Photo Index - 1989: 179-37 M,N-16,17 1984: 15-187 0,P-10,11
State Plane Coordinates - X: 2316200 Y: 175200

3. INVESTIGATION TYPE: Dredge and Fill, CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 1-12-93
Was Applicant Present - Yes
FEB 51993
WETLANDS GROUP
5. PROCESSING PROCEDURE: Application Received - CC-February 2, 1993
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Brunswick County
Land Classification From LUP - Transitional - Industrial
(B) AEC(s) Involved: ES, 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, Shop, & Office Buildings
Planned - Bulkhead
(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 18,000 s.f.
Open water
(C) Other
Highground 4,025 s.f.
(D) Total Area Disturbed: 22,025 s.f.
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open:
8. PROJECT SUMMARY: The applicant proposes to expand an existing man-made
canal by excavation ±4,000 s.f. of adjacent highground. He proposes to
stabilized this shoreline by constructing a bulkhead (250 If). He also proposes to
complete maintenance dredging of the remainder of the basin (18,000 s.f.).
Alan Rusher/H & R Towing Company
Page 2
9. PROJECT DESCRIPTION 2/4/93
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 U.S.S. 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 at bulkhead
of the project site. 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 U.S. Army Corps of Engineers (Wilmington Harbor Project). In the project area,
the waters of the Cape Fear River are classified SC by the N.C. Division of
Environmental Management, and are designated as primary nursery area by the
N.C. Division of Marine Fisheries.
The applicant is proposing to expand the width of the existing canal by excavating
the adjacent highground. The width of the highground excavation would be
approximately 35 feet wide on the western end of the canal and taper to zero,
over 230 feet, at the mouth of the canal, to a depth of 14 feet at mlw. The
applicant proposes to stabilize the excavated shoreline by constructing a vertical
bulkhead, 250 feet in length. In place repairs and maintenance to the existing
bulkhead would also be accomplished at this time. The highground excavation
would create approximately 2,000 cubic yards of spoil material. A portion of this
material would be used to backfill the proposed bulkhead. Excess material would
be hauled to a highground site. The applicant is proposing maintenance dredging
within the existing canal to a depth of 14 feet at mlw. A distance of 20 feet
would be maintained between the dredging limits and the opposite shoreline, to
avoid any adverse impacts from undercutting or sluffing, to the adjacent property,
owner's existing bulkhead and shoreline. The dredged area would be
approximately 300 feet long, extending to the 14 feet water contour in the river,
and average 60 feet in width. The maintenance dredging would be accomplished
using a hydraulic pipeline dredge. The project would create approximately 7,000 -
8,000 cubic yards of spoil material, which would be pumped to the existing, 700
acre, U.S.A.C.O.E Eagle Island, spoils disposal area, located 3,000 feet south of
the project site.
Alan Rusher/H & R Towing Company
Page 2
10. ANTICIPATED IMPACTS
The proposed highground excavation would convert approximately 4,025 square
feet of upland area to open water. The proposed maintenance excavation would
disturb approximately 18,000 square feet of previously dredged bottom. There
would be some short-term turbidity associated with the dredging project, but
provided the work is timed to avoid periods of peak biological activity, no long-
term adverse impacts are anticipated.
Submitted by: E. F. Brooks Date: February 4, 1993 Office: Wilmington
Piease type or print. Carefully describe all anticipated
development activitics, including construction, excava-
tion, filling, paving, land clearing, and slorrnwater con-
trol. If the requested information is not relevant to your If you plan to build a tnzrina, also complete and
project,.Uiite N/A (not applicable). Items 1-4 and 8-9 anach Form DCh4-MP-2.
must be completed for 211 projects.
roposed activity maintenance of an
project, new a ork, or both?
1 APPLICANT
tyFEE 2 ?s WM the project be for community, private, or
.a. I%Tame LAoN lr? commercial use? ??YY11 -rte
??SIG Co. ')N OF t??w,rrlEYlUgL iii RlN£ I?WING
/ ?R T'.J n
Address- P, o. eox g.?7 COASTAL ?i?1NACE?IE?aT
City lirlrsYitLE ffe-na State /lC d. Describe the planned use of the project.
7GZ- 030 q 17acKiu? r?nrt7 MoppCFIG ?essE-L-s
Zip_ _Fq?jQ Dayphone 919- :2-x-,149 vs'ffv 8!j 14- 4 9 "7'owING C'_n
Landowner or Authorized agent
Cp ,
b. Project name (if any)--il e'R 777Z,)//V6
c. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
a. Streit zddress or second .• road number
51?- I co ERGC.E ?SCt1/JDZ_
b. CiIN,,tov+-n, ccrrs,unity, orlandmark
?sr S/DF 0F A' re F&--A R k2ym _j L, sT
SOU77A Dc CAPE: /?IF»,oar.vc ?iz,p?E
c. CoLnty__ 3r2,)Nswlck,
d. Is proposed wor}- within city limits or p]Lnning
jurisdiction?_ 0
E. Marne. of bod • f water nea.?est?o ect
"PE Ef]4?4 1<kVEYZ
3 DESCRIPTION AND PLANNED USE
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 2 . ac,
b. Size ofindividuallot(s)_ NZA
c. Elevation; Of tract abave mein sea level or
National Geodetic Vertical Datum
y ' An s 4-
d. Soil rape(s) and texture(s) oftract
Signlt? ?'? /L?
e. Vegetation Dn tract 1?[?n/E
f. 1`.an-made fearures now on tract c-F :E? 54rza6LF
???LD/I•rG
g. What is the C AMA Land Use Plan Class) )cation of
the site? (Cons h the local land use plan-).)
Conse;`•ation Transitional
Developed Community
Rural Other
h. Nov. is Lrte Ira.t zoned by local gove,.,rnent?
OF PROPOSED PROJECT i. Now are adj2cent waters classified?
5C
a. Describe all development activities you propose (for j. Has a professional wrchaeolo ical survey been
example, building a home, motel, marina, bulkhead, carried out for the tract? No If so, by whom?
or pier). NDuc-T MAPIN£ Tow1F1G oP?rz lanl? _
._.,P??Al2E ARei4 a?D/2 ?TD12AG,£?T'a;?+??Dn?7?
_!4ND vPPLlIE5
3 2.89
6 UPLAND DEVELOPMENT
n fit
Complete this section if the project includes any land FEB 2
development.
DIVISf0N OF
a. Typr and number of buildings, cilities, or COASTALn'P? h Pt`",' rce--- '-q 4;'VZM?
_U1'
strucrurtsproVsV Al/.4
n. If the project is oceanfront development, describe
the steps that will betaken to maintain established
b. Number of lots or parcels public beach aecessways 7rovide new access.
c. Derzity (Give the number of residential units and the
units per acre.)_
d. Size of area to be gradediurbed
e_ If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
comrol plan been submitted to khe Division of Land
Resources?_
f. Give the percentage of the tract within 75 feet of
mez? high water to be covered by impermeable
su..2ces, such as pavemen , buildings, rooftops.
£. Lis: the materia's, such as marl, paver stone, asphalt,
or concret , to be used for paved surfaces.
h. If applicable, has 2 stormwater management plan
ironmental
bean submitted to the Division of ZAV
Ma.-tagement? zz i. Desc
ribe proposed sewage disposal and/orwzste
wa-.ertre2LmentfKilities.
f -mil5?Y?clG 5-&-P77 c- :1i*-Y/c:
?. Have these facilities received state or local approval?
L-b e- ra
k. Describe existing treaine facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down")._ . ,AA:5
If the project is on the oceanfront,, what will be the
elevation above mean sea I vel of the first habitable
floor?_ All
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
1?s+?ess-c^annc}
(MI v?? or (N1WL)
Boat basin
Other (break-
water, pier,
bolt ramp,
rock jem-)
Fill placed in
wetland or below
MHVJ
Upland fill
areas
Length Width Depth
b. Amount of material to be excavated from below
. water level in cubic yards 7000
c. Type of material Sc--r- Sip
d. Does the area to be excavated include marshland,
swamps, or other wetland?
0
e. High ground excavation, in cubic yards
!OD o
2 12189
f. Dim ins of spoil di sal a c. Shoreline erosion during preceding 12 m onths, in
me 'Pzo/ . feet
g. Location of spoil disposal area -Hooo ' 9:ov4-6 d. Type of bulkhead material aev4
aee'5ME 4 E7X isTI,AfC 0Isp6s194- R-9-eM
e. Amount of fill, in cubic yards, tp be placed below
h. Do you claim title to the disposal area? mean high water
if not, attar a letter granting permission
material q??,?- -
owner. 6?4015-5 tW7>) i ,'; r-T e y I#} 71
L Will a disposal area be available for futu
maim-mance? V& ,- w 2
If so, where? B DDITIONAL INFORMATION
j. Doe the disposal area include any marshland, DIVISION Q d ` the completed application form, thefollow-
swamps, or water areas.L / COASTAL NIA& ?at be submitted:
/Y O
d
below mean high
k. NkIlD the fill material be Mo
wate r 1. Amo:su of fill in cubic yards .ll
m. Type of fill material
n. Sou-w of fill material
A copy of the deed (with state application only) or other
instrument under iA•hich the applicant claims title to the
affected prop rty. 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 ATitten permission from the owner to carry out
the project.
o. Will fill material be placed on marsh or other
wetlznds?
p. Dire-lions of the wetlan to be filled
,
g. How will excavated or fill material be kept on site
and erosion controlled?
'Oige7;
T. Vti'ha: t}pe of construction equipment will be used
(for :xampl , dragline, backhoe, or hydraulic
dredge)?, -- 6-
s. WiL' wetlands be c sled in transponing equipment
to project site? No If yes, explain steps that will
be tL>ren to lessen environmental impacts.
7 SHORELINE STABILIZATION
a- Ltp.=ph of bulkhead orriprap A? - 2525
b. Aver age distance waterward of mean high water or
norulal water level i97- IzO"'
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ifk on an 8
1I2 x I 1 white paper. (Refer to Coastal Resources
Commission Rule 77.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line 2D
prints or other larger plats are acceptable only if C high
quality copies are provided by applicant. (Contact the
U.S. Arr.-,y Corps of Engineers regarding that agency's
use of larger drawings.) A site or location reap is a part
of plat requirements and it must be suf iciently detailed
to guide agency personnel unfamiliar with the a*ea to the
site. Include county road (SR) numbers, land.rnarks, and
the like.
A stormw'ater management plan, if appli cab.e,that
may have been developed in consultation with the
Division of Environmental hanagement.
A 135t of the names and complete addresses of the
e djacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
12189 3
• vJ y C??rPf O? ?Gii??'Kf
an e .o G/v 77D nr .3K1@ N cif
Address
Name ?? G LELfVN D ?g¢X/,?/GT
Address ?cf? ?aQD ?' Kus
?D fox /o / ZS'
Name
Address
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND '
Any permit issued in response to this application will allow o* the development described in the application
The 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 ap-
proved Coastal Management Program and will be con-
A. list of previous state or federal permits issued for ducted in a manner consistent with such program.
work on the project tract. Include permit numbers,
R_-rminee, and issuing dates. I further certify that I am authorized to grant, and do in
?2?iovs wumtc ??12acvyiBD .8 y fact, grant permission to representatives of state and
e px 4'D?c p. federal review agencies to enter on the aforementioned
,Z?fxA,N/TS MOT Lpc19 TaFplands in connecti on with evaluating information related
A check for $100 made payable to the Department of
Environment, Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
?-id ,let areas.
A statement on the use of public funds. If the project
invo''ves the expenditure of public funds, attach a state-
T- ent documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
to this permit application and follow-up monitoring of
project.
Thisisthe ZFldayof ??^K 19_3
x
-Authorized agent
FEB 1993
DIV,Si QF
COASTAL MANAGEMENT
4 12/89
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END SE c71D)4

Exi5714L EAGLE ISLAND MARINE
C> C', RICHARD CARUS
N P.O. BOX 10125
WILMINGTON NC 28405;
5G, /300
O Sb too iS0 moo
1
?C- fi - E
a
ESRIF
CArt
r r 3 N 1993

NOTE: Approx. 8000 cu yds
dredged material to be placed
in Corps of Engineers' diked
disposal area approx. 3000' south
(See Sheet 2)
PROPOSED MAINTENANCE AND IMPROVEMENTS
CAPE FCpR TO EXISTING BARGE/BOAT SLIP
H>=m•B?fo?? CAPE FEAR RIVER
8 WILMINGTON HARBOR, N.C.
(BRUNSWICK COUNTY)
h?

r pRo-it C.r
ALAN RUSHER
a N` H & R TOWING COMPANY
v P.O. BOX 947
WRIGHTSVILLE BEACH NC 28480
LOCATION SHEET 1 of 2
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H & R TOWING CO.
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CORPS OF ENGINEERS I
0,1! wg ALAN RUSHER
DREDGED MATERIAL DISPOSAL AREA.:• ?r
'Vill
H & R TOWING COMPANY
P.O. BOX 947 _.:
,: WRIGHTSVILLE BEACH NC 28480
? 1? ' 1. ` j q ,. y s r l . ? { i s'tus- , 1•'? ??'? ? ? -?'• ?,'?1 ' <' ZR 5 fir' ? .. : - /z_/
U.S. ARMY CORPS OF ENGINEERSi
x ; f. ' y, Y' t t}rs ?4? P.O. BOX 1890
WILMINGTON NC 28402 i
' 36 - j 5 SHEET 2 of 2
77
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FEB s 1993
DIVISION o
t,?i?NT
COASTAL MANAGE

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
March 1, 1993
L5 (2
Action ID. 199300806 VCL'
ohn Parker 1 y0 490,3
Mr. J
Division of Coastal Management
North Carolina Department of Environment, GROUP
Health, and Natural Resources UALITY SECTION
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of H&R Towing Company, represented by Mr. Alan
Rusher for a Department of the Army permit to maintain and enlarge a basin and
repair and construct a bulkhead off the Cape Fear River, Wilmington Harbor,
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 conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. The bulkhead will be positioned in strict accordance with permit
plans.
c. All excavated materials will be confined landward of the mean high
water (MHW) elevation contour within adequate dikes or other retaining
structures to prevent spillover of solids into any vegetated wetlands or
surrounding waters.
d. The terminal end of the pipeline from the dredge into the diked
retention area will be positioned at or greater than 50 feet from any part of
the dike and a maximum distance from spillways to prevent dike erosion and to
allow adequate settlement of suspended solids.
e. A water control structure will be installed at the intake end of the
effluent pipe leading from the retention area in order to ensure maximum
settlement of suspended solids.
f. Flow from the diked retention area will be confined by pipe, trough,
or similar device to a point at or below the mean low water (MLW) elevation
contour to prevent gully erosion and siltation.
f
-2-
g. No vegetated wetlands will be excavated or filled.
h. Excavation will not exceed 14 feet below the elevation of mean low
water (MLW).
i. A distance of 20 feet will be maintained between the dredging limits
and the southern shoreline of the basin to avoid any undercutting or sluffing
of the adjacent property owner's bulkhead or shoreline.
j. 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.
k. 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.
1. 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.
m. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction-related discharge. Increases such that the turbidity in the
waterbody is 50 NTU's are not considered significant.
Questions or comments may be addressed to Mr. Rudi Schiener, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
-3-
Copies Furnished:
John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
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
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. C. Robert Stroud, Jr.
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
!N REPLY REFER TO
Regulatory Branch
March 22, 1993
Action ID No. 199300806 and State Permit No. 29-93
Mr. Alan Rusher
H&R Towing Company
Post Office Box 947
Wrightsville Beach, North Carolina 28480
Dear Mr. Rusher:
P
Reference your application for a Department of the Army permit to maintain
a basin area on the Cape Fear River, Wilmington Harbor, Brunswick County,
North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-CO80-N-000-0291.
Therefore, you may commence construction activity in strict accordance with
applicable State authorization and the enclosed plan. Failure to comply with
the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Jeffery Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
MAR 3 0
Enclosure
.y
-2-
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
'-Ir. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
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 27611-7687
Ms. L. K. (Mike) Gantt
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. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Charles Hollis
Regulatory Consultant
138 Green Forest Drive
Wilmington, North Carolina 28409
1 4)ZEA OF $UL?EAD ?'
r PAIR
o
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y PROPOSED m
EXISTING BULKHEAD
w NEW BULKHEAD
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AREA TO BE DREDGED
TYPICAL SECTION
NO SCALE
EAGLE ISLAND MARINE
I
HDR TOWING CO. RICHARD CARUS
P.O. BOX 10125
WILMINGTON, NC 28405
J ?
Sn 1300 - ?-
O Sa too iso zoo
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Na. CAR
C11PE FrigR S T O?
HEm. SK?D?c
8 PROPOSED MAINTENANCE AND IMPROVEMENTS
TO EXISTING BARGE/BOAT SLIP
h
pR°`r CAPE FEAR RIVER
WILMINGTON HARBOR, N.C.
4 (BRUNSWICK COUNTY)
y
r`
ALAN RUSHER
HDR TOWING COMPANY
P.O. BOX 947
LOCATION WRIGHTSVILLE BEACH_ Nc 7R4Rn
CAPE FEAR RIVER
' Ess