19960353 Ver 1_Mitigation Information_19961014

i
FINAL
WETLAND MITIGATION PLAN
Requested by
Beach Walk, Inc.
1009 N. Lake Park Boulevard, Suite 4A
Carolina Beach,, NC 28428
Prepared by
Mitchell and Associates
128 North Harding Street
Greenville; NC 27858
IN ASSOCIATION WITH
CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, NC 28409
OCTOBER 149 1996

1.0 INTRODUCTION
The Beach Walk, Inc. has proposed development activities within an
approximately 30 acre tract of land located north of the Kure Beach Fire Department and
south of Largo Way in the Town of Kure Beach, New Hanover County, North Carolina.
Conceptual project design indicates that approximately S acres of Section 404
jurisdictional wetlands will be impacted by the above development activities.
Mitchell and Associates, Inc. has been retained by The Beach Walk, Inc. to
prepare a mitigation plan to off set wetland impacts identified in the projects conceptual
design.
2.0 IMPACTED SITE
2.1 Site Location
The area of concern is located north of the Kure Beach Fire Department and south
of Largo Way, in the Town of Kure Beach, New Hanover County, North Carolina (Figure
1). The actual areas of wetland impact, +/- S acres are shown (Figure 2).
2.2 Site Description
The proposed development site contains wetlands which are isolated with no inlet
or outlet and are primarily shallow pot holes and depressions that have developed
anaerobic soil conditions through poor or blocked drainage. A number of these wetland
areas appear to have formed in shallow borrow areas associated with soil removal from
previous land owners. Additionally, a number of shallow fill roads cross wetlands in a
number of locations within the site. The majority of mid and over story vegetation has
been harvested, leaving herb and shrub species as dominant vegetation. A large canal is
present on the eastern property boundary and is likely altering normal drainage patterns in
the area.

2.2.1 Wetland Classification
The geomorphic setting of this wetland system is a isolated depressional pocosin.
The FWS classification for this system is Palustrine, scrub - shrub, saturated. The major
functions of this system are stormwater retention and enhanced water quality by
denitrification.
2.2.2 Soil Types
Soil types present at the Kure Beach site are primarily Lynn Haven fine sand
(Typic Haplaquods) and Leon sand (Aeric Haplaquods). Soil disturbance by prior
landowners is still evident in the forms of pot holes and depressions, in which a number of
wetland areas have developed, and shallow fill roads which cross wetlands at various
points within the site.
2.2.3 Vegetation
Vegetation present at the Kure Beach site has been drastically altered from normal
conditions due to disturbance by prior landowners, including harvesting of merchantable
timber. The majority of the mid and over story vegetation has been removed leaving
primarily the shrub species as dominants. What remains consists of a variety of deciduous
and evergreen species, including: Pinus serotina (Pond pine), Persea borbonia (redbay),
Myrica cerifera (wax myrtle), Ilex glabra (gallberry), Lyonia lucida (fetterbush), and
Smilax laurifolia (cat briars).
2.2.4 Hydrology
Hydrology at the Kure Beach site is primarily rainfall and runoff from adjacent
uplands. Lateral flow of subsurface groundwater has likely been altered by the influence
of nearby canal ditches and drainage modification surrounding the headwater wetland
system. Following high amounts of rain, water ponds in depressions and pot holes due to

the poor drainage class of the soils present.
3.0 MITIGATION SITE
3.1 Mitigation Site Location
The proposed mitigation site is located at approximately N 34 03'49.2" and W 77
54' 18.3" which is west of Highway 421, east of River Road, and is bordered on its
western boundary by The Cape subdivision. Telfair's Creek borders the property on the
eastern boundary (Figure 3).
3.2 Site Description
The Telfair's Creek site is 28.5 acres of primarily forested wetlands adjacent to and
above the headwaters of Telfair's Creek. Three small parcels of uplands are present
within the site, two appear to be disturbed areas associated with the construction of The
Cape golf course and a third at the southern end (Figure 4). The area located on the
southern end of the property is drained. Large ditches present in this region are the
primary source of drainage.
Minor impacts from man are already evident within and adjacent to this forested
riverine wetland increasing the need for preservation. These impacts include: fire
suppression, channelization for mosquito control, point source discharge from upland
ditches. Nearby are several recently constructed road crossings for residential
subdivisions which fragment this wetland system.
These circumstances increase the need for the preservation of this already
jeopardized wetland system. With urban development in the area encroaching on Telfair's
Creek preservation of this wetland system would provide valuable wildlife habitat, as well
as lessening the impacts of urban development in the region through erosion control and
the removal of contaminates carried via runoff.

3.2.1 Wetland Classification
The geomorphic setting of this forested wetland is a low - gradient alluvial riverine
system. The ecological significance of this system is high and is most notable for its major
habitat for wildlife, game and non -game species, and biodiversity FWS classifications:
forested area, Palustrine, forested wetland, temporarily flooded, broad leaved deciduous;
depressional areas, Palustrine, scrub - shrub, broad leaved evergreen, saturated. This type
of system is also characterized by having strong biogeochemical activity and nutrient
retention. This attribute allows the transformation of inorganic nutrients (pollutants) into
organic matter and/or sediment, thus supplying less - contaminated water to the lower
reaches of the Cape Fear River. This area also serves as a buffer for flood events by
providing a slow release of water.
3.2.2 Soil Types
Soil types present along Telfairs Creek are of the deep organic variety, primarily
histosols Dorovan muck (Typic Medisaprists), interfaced with sandier Lynn Haven fine
sand (Typic Haplaquods).
3.2.3 Vegetation
Vegetation along Telfairs Creek consists of: Nyssa sylvatica (blackgum), Acer
rubrum (red maple), Persea borbonia (redbay), Gordonia lasianthus (loblolly bay),
Magnolia virginica (sweetbay), Pimus taeda (loblolly pine), Cyrilla racemiflora (titi), Ilex
glabra (gallbery), Lyonia lucida (fetterbush), Smilax laurifolia (cat briars), Osmundia
cinnomomea (cinnamon fern), Woodwardia viginica (Virginia chainfern), and other
various less significant species.

3.2.4 Hydrology
The primary source of water in this region is rainfall and associated runoff from
surrounding upland areas. Overflow from lakes on The Cape golf course also flow into
the property.
3.3 Preservation Habitat Values
It is the intent of this section to identify and amplify species with known
occurrence or those with a high probability of occurrence within the preservation area and
their dependence upon this system.
Due to the high quality of this habitat and its location in a relatively developed
area, it provides a number of functions pertinent to wildlife within the area and many
species which migrate through the area seasonally or in a life history stage. This wetland
provides a corridor between Telfairs Creek and Snow's Cut, ultimately culminating in the
Cape Fear River, thus providing vital shallow water habitat for juvenile fish species, as
well as a corridor for migratory species along an inland freshwater system. The system
also functions to buffer water high in pollutants from runoff associated with the adjacent
developed areas.
Mammalian species include: Odocoileus virginianus (white - tailed deer), Vulpes
vulpes (red fox), Urocyon cinereoargenteus (gray fox), Procyon lotor (raccoon),
Didelphis virginiana (opossum), Sciurus carolinensis (gray squirrel), and smaller rodents
such as the (field mouse).
Bird species include: various species of predatory hawks and owls, as well as
smaller bird species such as Turdus migratorius (american robin), Cyanocitta cristata
(blue jay), Mimus polyglottos (mocking bird), Cantopus vixens (eastern wood pewee),
Parus carolinensis (Carolina chickadee), Thryothorus ludovicianus (Carolina wren),
Parus bicolor (tufted titmouse), species from the family Ardeidae (herons), among others
It should be noted that this habitat provides excellent migratory and resident song bird
habitat and nesting areas.

Herpetological species found in the region include: Agkistrodon piscivones
(eastern cottonmouth), Agkistrodon contortrix contortrix (southern copperhead), Crotalus
adamanteus (eastern diamondback rattlesnake), Crotalus horridus (timber rattlesnake),
Nerodia erythrogaster erythrogaster (redbelly water snake), Opheodrys aestivus (rough
green snake), Elaphe obsoleta obsoleta (black rat snake), among others. Turtle species in
the region include: Terrapene carolina bauri (eastern box), Clemmys guttata (spotted
turtle), Chelydra serpentina (common snapping turtle), and Kinosternon subrubrum
subrubrum (eastern mud turtle). Many toad species from both the Scaphiopus (spadefoot)
and Bufo (true toads) families, as well as frogs from the Hyla (tree frogs) and Rana (true
frogs) families. Various species of salamanders from the Ambystoma (mole salamanders),
Notophthalmus (newts), and Plethodon (woodland salamanders) families. Anolis
carolinensis (green anole) and Alligator mississipiensis (alligator) is also found in the
region.
The moist soil and standing water (both in the creek and in adjacent depressions)
provide valuable habitat for the fife history of many of these herpetological species.
Insects which are a valuable food source for many of the herpetological and bird species
use these water sources during different life history stages as well.
3.4 Preservation and Protection
Ultimately, the intent of this mitigation package is to put this land in a conservation
easement. Recent urban impacts within and adjacent to the mitigation site increase the
need for preserving wetland functions in a natural state. In addition, continued availability
of Nationwide Permits to surrounding property owners increase the possibility of further
degradation of the wetland and its associated functions. Preservation of this land will
provide significant vital resource protection in the lower reaches of the Cape Fear River
watershed.

Appendix 1. Bibliography
1. Brinson, M. M. (1993). "A hydrogeomorphic classification for wetlands," Technical
Report WRP -DE-4, U.S. Army Engineer Waterways Experiment Station, . Vicksburg, MS.
2. Lewis, W. M. and National Reaserch Council (U.S.). (1995). Committee on
Characterization of Wetlands. "Wetlands: characteristics and boundaries ". pp. 307.

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May 18, 1996
Re: Description for Bob Weinbach Tract B of The Cape Property
A certain tract or parcel of had lying and being in Federal Point Township, New Hanover
County, North Carolina, and being a part of tract 22 of The Cape and being more
particularly described as follows:
Beginning on a point bang locate the following bearings and distances from the
southeastern comer of lot 286, section 4A of The Cape as recorded in map book 23 page
40, Records of New Hanover County, North Carolina, N 29 -31 -15 W 100.01 ft., thence S
81 -28-30 E 395.45 R. to the point and place ofboginuing:
Proceed thenec with the eastern line of Tile Cape Golf Course Property N 06 -55 -30 E
98154 $. to an old iron, thence N 70 -26-45 W 276.92 R to a point being the
southeastern corner ofBernmda Dune at no Cape, thence with the easiem line of
Bermuda Dunes N 17 -38-45 R 553.31 ft. to a point in the southern line oftho Southerland
Division, thence with said southern line S 86-03 -45 E 890.04 & to a point in the run of
Telfair Crock thence down said nw approximately the following bearings and distances S
24 -07 -03 W 1531,23 ft., thence S 19 -48-41 F 828. IS, thence S 11 -34-04 W 333.77 $.,
thtnoa S 36 -25 -35 W 325.70 ft, to a. point in said ran, thence leaving said ran N g4 -35 -00
W 85.46 B. to a concrete monument, thence N 07 -19-25 E 413.44 It. to a concrete
monurnea+t, thence a new line N 19-4238 W 858.81 ft. to the point ofbeginm g and
containing 28.463 acres, according to a survey by hanover resign Services, P.A. in May
of I996,
All AA. 's are znaguetic relative to map book 23 page 40.
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NOTES
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\ I SOUTHERLAND DIVISION
\ BOON 1 OF LANDS k DOWERS PAGE 455 m- oo -ox -n
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BERMUDA DUNES
AT ME CAPE
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CAPE GOLF COURSE
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a «1Ew«c ar PssI K tEIT MaR
O«as As slow, o« «w 9oaP �\
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242
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1. SURVEYED W MAY OF 1996.
?. ARCAS COMPUTED BY O.M.D.
J. FOR REFERENCES SEE AS NOTED HEREON.
I. RUN OF 7ELFAW CREEK NOT SURVEYED AT THIS TIME
ITS LOCAWN WAS TAKEN FROM A PRELIMINARY PLAT OF
THE CAPE AS PREPARED BY.14CK STOCKS, R.L.S
LEGEND
I.L.M. - IRON LINE MARKER
CL - EXISTING IRON
R.R.S. - RAILROAD SPIKE
R/W - RIGHT -OF -WAY
E.C.M. - EXISTING CONCRETE MONUMENT
AWL - HIGH WATER LINE
I.S. - IRON SET
LINE BEARING pSTANCE C.I.
1 M 64'35'00 -w 65.66 \
2 N 6076'1 S'E YOOAO
3 N 29.11.15 w 20.07
A M 607615E 160.00 TRACT "A"
5 N 29'31'IS'w 100.01
a o 11.319 Ac
U.S. COAST GUARD 'LORAN STATION'
NORTH CARO(WA. COVIJTY
I. A NOTARY PU&!C OF INC COUNTY AND STATE AFORESND, CERTIFY MAT £rREG
A. WAYNE A RCGSIFRM LAND SURVEYOR. PERSONALLY APPEARED BEFORE ME THIS
MI
DAY D A04VMLMM THE EXCCUT)W OF 7Hf rORfCOM AMMUMENT. WINCSS
MY NAmO AND Of mMM STAMP OR SEAL TI6'S DAY or_ 19 _
NOTARY PUB(/C
MY CLMNIISSIOV EXPIRES
CCRTIRCA If OF REGSTRA DOH BY REGISTER OF DECOS
NORM CAROL WA, CWN7Y
MC FCI4 ND CERTIFICATE OF NOTARY PUBLIC IS
CERTIFIED TO BE CORRECT. FILED fOR REGSTRA DOH THIS DAY OF
19 : A/ O'CLOCK AND DULY RECORDED W MAP BOOK
PAGE
Br
I CERTIFY THAT THIS SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND.
GRCG A. WAYNE RLS L -7876
E.CM.
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CfRTIFICA7E OF ACCURACY AND MAPPING
S1 At i '
? L GREG A. --C CERDFY THAT THIS PLAT WAS ORAIMI UNDER MY SUPERVISION
m- 00- Ox -0[-tlx
; fROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION
1 -2876 ar '
RECORDED AS NOTED NEREON); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY
•' i0 -
INDICATED AS ORA6N FROM INFORNATNW f0UN0 AS NOTED NfRfCW; THAT INC RA no
• SIIR`n :
•••'•,Qf(,
OF PRFGSIOV AS CALCUCA IED IS L' MAT IMIS Pl.4T WAS FRCPARfC IN
�'• ',r' ,•`-
'•..,,
ACCOROANCC WIN GS 47 -JO AS A NDED. WMESS MY ORI(YNAL SICHA TIME.
•
REGSMATIOH NUMBER AND SEAL MIS_aDAY OF L A.O. IySL
ORE A f RL -7876
NORTH CARO(WA. COVIJTY
I. A NOTARY PU&!C OF INC COUNTY AND STATE AFORESND, CERTIFY MAT £rREG
A. WAYNE A RCGSIFRM LAND SURVEYOR. PERSONALLY APPEARED BEFORE ME THIS
MI
DAY D A04VMLMM THE EXCCUT)W OF 7Hf rORfCOM AMMUMENT. WINCSS
MY NAmO AND Of mMM STAMP OR SEAL TI6'S DAY or_ 19 _
NOTARY PUB(/C
MY CLMNIISSIOV EXPIRES
CCRTIRCA If OF REGSTRA DOH BY REGISTER OF DECOS
NORM CAROL WA, CWN7Y
MC FCI4 ND CERTIFICATE OF NOTARY PUBLIC IS
CERTIFIED TO BE CORRECT. FILED fOR REGSTRA DOH THIS DAY OF
19 : A/ O'CLOCK AND DULY RECORDED W MAP BOOK
PAGE
Br
I CERTIFY THAT THIS SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND.
GRCG A. WAYNE RLS L -7876
E.CM.
QIG
U
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TRACT "B" /
28.463 Ac m- ao -ox s
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200 100 0 100
SCALE /N FEET
HANOVER DESIGN SERVICES, P.A.
LAND SVRVE)VRS,ENCINEERS B LAND PLL.Aa CRS
319 WALNUT STREET
MWIN N.C. 26101 IJJ�1 \J
PHONE: : [phone]
4aY. �Id�
MAP FOR
BOB WEAN BA CH
FEDERAL POINT TOWNSHIP, NEW HANOVER COUNTY, NORTH CAROLINA
OWNER: BOB WeINBACH
DATE: MAY 17, 1996
d m ao 0 1
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1 A [ M w I L?
— — — — — — — — --- —
\ 45�9D -0x -06-01 —
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- - - - - - - - - - - -
200 100 0 100
SCALE /N FEET
HANOVER DESIGN SERVICES, P.A.
LAND SVRVE)VRS,ENCINEERS B LAND PLL.Aa CRS
319 WALNUT STREET
MWIN N.C. 26101 IJJ�1 \J
PHONE: : [phone]
4aY. �Id�
MAP FOR
BOB WEAN BA CH
FEDERAL POINT TOWNSHIP, NEW HANOVER COUNTY, NORTH CAROLINA
OWNER: BOB WeINBACH
DATE: MAY 17, 1996

Appendix 3. Warranty Deed from BEACHWALK DEVELOPMENT, INC.
to NORTH CAROLINA COASTAL LAND TRUST for
28.463 —Acre Tract

r�5(�
N� BOOK PAGE
2089 0644
Excise Tax
f= C'CRC'�p "1!10 VERIFIED
t.r:;;ty SI!E HOTS
RCCiSTIt OF DEEDS
IIEW HANOvER CO. NC
'96 OCT 3 PM 2 44
Recording'rllne. Book and Page
Tax Lot No........... ............................. ............................... ........... Parcel Identifier NoR)8500,- 002 -05,6, -000,
........................
Verified by ............................. ............................... .... County on the .... day of .............. .. ......, 19..........
by........................................... ............................... . ...... ......... .................................................................... ...............................
r
Mail after recording to . .�?.Q.....CQ.�sEP1... LQhG� ...T. IN 51.........Z.1.5... ......��eeT.yS.Gt.!.ci..�....
t�!1. ........ 0- c ..... z. 0 01 ........ ...................... .. _ ......... .... ............ . ........ .... ............... ........ ... .................
This Instrument was Y repared h Ned M. Barnes, C -2 Pleasure Island Plaza, Carolina Beach, NC 28428
P..................
Thief description for the II'"lex
NORTH CAROLINA GENE RAL WARRANTY DEED
THIS DEED made this ..... ,�.`�'.... day of . ..... September 19 96 by and between
GRANTOR
BEACHWALK DEVELOPMENT, INC.
a North Carolina Corporation
U.I'i0
GRANTEE
NORTH CAROLINA COASTAI. LAND TRUST
a North Carolina Non — Profit
Corporation
313 North Front Street, Suite A
Wilmington, NC 28401
Enter In apprnpriale block for each party: name, address, and, If appropriate, character of entity, e.q. corporation or partnership
'fhe designation Grantor and Grantee as used herein shall include said parties, their heirs, successor's, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSF•TH, that the Grantor, for it valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of hrnd situated hr the City of rowtmhip,
New Hanover
..................... , County, North Carolina and more partieulurly described as follows:
..... ...
SEE. ATTACHED EXHIBIT "A" WHICH IS FULLY INCORPORATED HEREIN BY REFERENCE.
RET1,'p. N,rr) TO
NC c6a%( I"'d TVu5f
110. 7677.0�.-
N. C, Ilan Amos. Form No. D (D 1976, Itrriwol 4) 1977 —+,.w, wine. s e•, in<, s.. lit. v, j—.jN. N e Voss
..1-1 er N C Mr 'w .'9e.

EXHIBIT A
BOOK PAGE
2089 .06`16
A certain tract or parcel of h(nd lying, and hcing in Federal Point'1'owaship, New Ifanover
County, Nurlh Cm -oMm, and hc,inl, a 11:11( of tract 72 ul "I'hr, Cape and hr.ing; nrnrc..
particularly described as hollows:
Beginning on a point being locate the following bearings and distances Rom the
southeastern corner of lot 286, section 4A of'I'he Cape as recorded in map book 23 page
•10. ILccortls of Nc%v 1 lanover Comity, North Carolina, N 29 -31 -1 S W 100.01 1t., thence S
81 -28 -30 12 395.45 11. to the point an<l place of beginning:
Proceed Iltcnce with the eastern line of 'llic Cape Golf Course Properly N 06 -55 -30 1;
982.54 R. to an old iron, deuce N 70 -26 -45 W 276.92 fl. to a point being the
southeastern corner of Ilcrmuda Ihme at '1110 Cape, lhcnce wish the caslcrn line. of
Ilcrtnuda lhmcs N 17 -38 -45 Is 55 :1,31 11. Ili a point in the sogtlern line of the sowherland
Division, Ilence with said southern line S 86 -03 -45 Is 890.04 fl. to a point in the run of
Telfair Creek thcucc down said run approxiurately (Ile following bearings and distances S
2,1.07 -03 NV 1531.23 fl., (Renee S 19 -48 -41 C-• 823. 18, thcucc S 11-311-04 W 333.77 1t.,
thcucc S 36- 25 -35 W 325.70 [l. to a point in said run, deice (caving said ru.n N 84 -35 -00
W 85.46 11. to a concrete monument, thence N 07 -19 -25 1:413.44 Il, to a concrete
I - "'Bend, Ilrcnce a new line N 11t- 42-311 W 851t.91 1l. to the point oftrcl,inninl; raid
c.umlaining 7.8.•10 :1 neres. according: to a survey by hanover Design Services, P.A. in May
of 1996.
All hcarjups arc ntat;nctic relative to man book 23 oars 40.

Appendix 4. DEED OF EASEMENT
to NORTH CAROLINA
right —of —way from
28.463 —Acre Tract
from Robert and Pamela Weinbach
COASTAL LAND TRUST for access
West Telfair Circle to

BOOK PAGE
R`00PDED AND VERIFIED
V 2 0 8 5 0 8 1 8 1�,; sIjE ooTS
STATE OF NORTH CAROLINA REGISTER OF DEEDS
NE's/ HANOVER C(bEJ9b OF EASEMENT
COUNTY OF NEW HANOVER '96 OCT 3 Pfd 4 34
THIS DEED OF EASEMENT, made as of this -O day of 0 JZZ ti
1996, by and between Robert Weinbach and wife, Pamela Weinbach
hereinafter referred to as "Grantor" and North Carolina Coastal
Land Trust, a North Carolina Non - Profit Corporation, hereinafter
referred to as "Grantee ".
W I T N E_S S E H:
L,y WHEREAS the Grantor is the record ownerp of certain real
property as described in Book 0�0� Page d �-r of the New
Hanover County Registry, the Servient'Tract; ,
WHEREAS, Grantee is the record owner /,o/f/ that certain real
property described in Book ! Page (o T7" of the New Hanover
County Registry which adjoins the real property of Grantor, the
Benefited Tract;
NOW THEREFORE, the Grantor for a valuable consideration paid
by the Grantee, the receipt of which is hereby acknowledged, hereby
grants to the Grantee, its successors and assigns a non - exclusive
easement over and across the easement area more particularly
described in Exhibit "A" attached hereto and incorporated herein by
reference for the purpose of ingress, egress and regress within the
easement area; said easement running from West Telfair Circle to
the Benefited Tract. It is mutually agreed by Grantor and Grantee
that as part of the consideration Grantee agrees that Grantor may
relocate the easement at anytime in the future to accomodate the
development of the Servient Tract owned by Grantor as described in
Bookwol p /p y , Page U � — , provided only the Grantee continues to have
legal access to the real property described in Book 9Gnf , Page
by means of a similar twenty foot road or right of way.
This easement is subject to the following conditions:
1. During the existence of the easement, the Grantee shall
indemnify and save harmless the Grantor from any and all actions,
causes of action, claims, demands, damages, costs and all
consequential damage on account of or in any way going out of any
and all known and unknown personal injury, death, any property
damage resulting from the use and /or employment of the easement as
gETURN TD NED M. BARNES

BOOK PAGE
2089 0820
EXHIBIT "A"
A certain tract or parcel of land lying and being in Federal Point Towuship, New Hanover
C'ottnty, North Carolina, and being; a 20 fl. in width access easement, and being a part of
that tract as shown as tract "A" on a neap prepared by Hanover Design Services, P.A.
dated May 17, 1996, and being more particularly described as follows:
Begi using on a point being in the centerline of the right of way of We, Telfair Circle (50
11. 'private right of way), said point being located at the southern terminus of said Telfair
Circle as shown on a map of section 4 -A of Ilse Cape as shown In rttap book 23 page ,10,
Records of New Hanover County, North Carolina:
Proceed from said begimwtg point, with the centerline of aforesaid Telfair Circle extended,
S 29 -31 -45 F 30.00 fl. to a point, thence S 81 -28 -30 E 568.15 fl. to a point, being in the
eastern line of the aforesaid tract "A ", thence with said line N 18 -42 -38 W 22.49 ft. to a
paint, thence N 81 -28 -30 W 5q8. l2 fl. to a point, thence N 29 -31 -45 W 20.26 a. to a
Point At the southern end of the aforesaid rip
ht of way of Telfair Circle, thence with the
end of said right of'way S 60 -28 -15 W 20.001}. to the point of beginning and containing
0.268 Acres, according to computations by t-ianover Design Services, P.A. this date. pin
actual field survey was not performed this date:
All bearings are magnetic relative to reap book 23 page 40.

CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, NC 28409
910/392 -6833 (Phone /FAX)
October 14, 1996
Project: Final Wetland Mitigation Plan; Beach Walk, Inc.
Action I.D. No. 199603247
Mr. Ernie Jaknke
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402 -1890
Dear Mr. Jahnke:
Please reference the following:
1. PDN and Wetland Mitigation Proposal for NWP -26 dated
April 9, 1996
2. Regulatory Branch NWP -26 authorization letter dated
May 30, 1996 with conditions
3. Draft Wetland Mitigation Plan from Mitchell & Assoc., Inc.
dated July 24, 1996
4. Regulatory Branch letter dated August 14, 1996 stating that
the mitigation plan would be approved upon the submittal of
an acceptable preservation arrangement and a survey plat of
the mitigation site
I am pleased to inclose for you, the Final Wetland Mitigation Plan
for the Beach Walk project. This Final Plan includes:
a. description and survey of the Mitigation site (Appendix 2),
b. copy of the Warranty Deed from Beach Walk, Inc. to The North
Carolina Coastal Land Trust for the 28.463 -acre mitigation
site (Appendix 3),
c. copy of a Deed of Easement from Robert and Pamela Weinbach
granting perpetual access to the 28.463 -acre mitigation site
(Appendix 4).
Please confirm that these documents complete the conditions as set forth
in the Regulatory Branch letter of August 14, 1996.
Our thanks are extended to the Corps staff, and especially to Matt
Flint for his helpful advice and guidance in this matter. This process
has set a standard by which future proposals should be compared and has
provided significant public and private benefits. We look forward to
the opportunity to jointly encourage similar projects in the future
Please contact me if you have any questions. �'o A
f r' e ly,
ie Hollis��,
Incl: Final Wetland Mitigation Plan

,-, r
1 •
Mitchell and Associates Inc.
Harding Street 128 North • Greenville, North Carolina 27858 • (919) 752 -4077 • Fax [phone]
R',� 4 -11% S�-
I il WN'RAWN
WETLAND MITIGATION PLAN
Requested by
Beach Walk, Inc.
1009 N. Lake Park Boulevard, Suite 4A
Carolina Beach, NC 28428
Prepared by
Mitchell and Associates
128 North Harding Street
Greenville, NC 27858
July 24, 1996
RECEIVED
AUG 4 71996
EWIRONbENTALSCI S
PRA1

1.0 INTRODUCTION
The Beach Walk, Inc. has proposed development activities within an
approximately 30 acre tract of land located north of the Kure Beach Fire Department and
south of Largo Way in the Town of Kure Beach, New Hanover County, North Carolina.
Conceptual project design indicates that approximately 8 acres of Section 404
jurisdictional wetlands will be impacted by the above development activities.
Mitchell and Associates, Inc. has been retained by The Beach Walk, Inc. to
prepare a mitigation plan to off set wetland impacts identified in the projects conceptual
design.
2.0 IMPACTED SITE
2.1 Site Location
The area of concern is located north of the Kure Beach Fire Department and south
of Largo Way, in the Town of Kure Beach, New Hanover County, North Carolina (Figure
1). The actual areas of wetland impact, +/- 8 acres are shown (Figure 2).
2.2 Site Description
The proposed development site contains wetlands which are isolated with no inlet
or outlet and are primarily shallow pot holes and depressions that have developed
anaerobic soil conditions through poor or blocked drainage. A number of these wetland
areas appear to have formed in shallow borrow areas associated with soil removal from
previous land owners. Additionally, a number of shallow fill roads cross wetlands in a
number of locations within the site. The majority of mid and over story vegetation has
been harvested, leaving herb and shrub species as dominant vegetation. A large canal is
present on the eastern property boundary and is likely altering normal drainage patterns in
the area.

2.2.1 Wetland Classification
The geomorphic setting of this wetland system is a isolated depressional pocosin.
The FWS classification for this system is Palustrine, scrub - shrub, saturated. The major
functions of this system are stormwater retention and enhanced water quality by
denitrification.
2.2.2 Soil Types
Soil types present at the Kure Beach site are primarily Lynn Haven fine sand
(Typic Haplaquods) and Leon sand (Aeric Haplaquods). Soil disturbance by prior
landowners is still evident in the forms of pot holes and depressions, in which a number of
wetland areas have developed, and shallow fill roads which cross wetlands at various
points within the site.
2.2.3 Vegetation
Vegetation present at the Kure Beach site has been drastically altered from normal
conditions due to disturbance by prior landowners, including harvesting of merchantable
timber. The majority of the mid and over story vegetation has been removed leaving
primarily the shrub species as dominants. What remains consists of a variety of deciduous
and evergreen species, including: Pious serotina (Pond pine), Persea borbonia (redbay),
Myrica cerifera (wax myrtle), Ilex glabra (gallberry), Lyonia lucida (fetterbush), and
Smilax laurifolia (cat briars).
2.2.4 Hydrology
Hydrology at the Kure Beach site is primarily rainfall and runoff from adjacent
uplands. Lateral flow of subsurface groundwater has likely been altered by the influence
of nearby canal ditches and drainage modification surrounding the headwater wetland
system. Following high amounts of rain, water ponds in depressions and pot holes due to

the poor drainage class of the soils present.
3.0 MITIGATION SITE
3.1 Mitigation Site Location
The proposed mitigation site is located at approximately N 34 03' 49.2" and W 77
54' 18.3" which is west of Highway 421, east of River Road, and is bordered on its
western boundary by The Cape subdivision. Telfair's Creek borders the property on the
eastern boundary (Figure 3).
3.2 Site Description
The Telfair's Creek site is 28.5 acres of primarily forested wetlands adjacent to and
above the headwaters of Telfair's Creek. Three small parcels of uplands are present
within the site, two appear to be disturbed areas associated with the construction of The
Cape golf course and a third at the southern end (Figure 4). The area located on the
southern end of the property is drained. Large ditches present in this region are the
primary source of drainage.
Minor impacts from man are already evident within and adjacent to this forested
riverine wetland increasing the need for preservation. These impacts include: fire
suppression, channelization for mosquito control, point source discharge from upland
ditches. Nearby are several recently constructed road crossings for residential
subdivisions which fragment this wetland system.
These circumstances increase the need for the preservation of this already
jeopardized wetland system. With urban development in the area encroaching on Telfair's
Creek preservation of this wetland system would provide valuable wildlife habitat, as well
as lessening the impacts of urban development in the region through erosion control and
the removal of contaminates carried via runoff.

3.2.1 Wetland Classification
The geomorphic setting of this forested wetland is a low - gradient alluvial riverine
system. The ecological significance of this system is high and is most notable for its major
habitat for wildlife, game and non -game species, and biodiversity 1. FWS classifications:
forested area, Palustrine, forested wetland, temporarily flooded, broad leaved deciduous;
depressional areas, Palustrine, scrub - shrub, broad leaved evergreen, saturated. This type
of system is also characterized by having strong biogeochemical activity and nutrient
retention. This attribute allows the transformation of inorganic nutrients (pollutants) into
organic matter and/or sediment, thus supplying less - contaminated water to the lower
reaches of the Cape Fear River. This area also serves as a buffer for flood events by
providing a slow release of water.
3.2.2 Soil Types
Soil types present along Telfairs Creek are of the deep organic variety, primarily
histosols Dorovan muck (Typic Medisaprists), interfaced with sandier Lynn Haven fine
sand (Typic Haplaquods).
3.2.3 Vegetation
Vegetation along Telfairs Creek consists of : Nyssa sylvatica (blackgum), Acer
rubrum (red maple), Persea borbonia (redbay), Gordonia lasianthus (loblolly bay),
Magnolia virginica (sweetbay), Pinus taeda (loblolly pine), Cyrilla racemiflora (tiff), Ilex
glabra (gallbery), Lyonia lucida (fetterbush), Smilax laurifolia (cat briars), Osmundia
cinnomomea (cinnamon fern), Woodwardia viginica (Virginia chainfern), and other
various less significant species.

3.2.4 Hydrology
The primary source of water in this region is rainfall and associated runoff from
surrounding upland areas. Overflow from lakes on The Cape golf course also flow into
the property.
3.3 Preservation Habitat Values
It is the intent of this section to identify and amplify species with known
occurrence or those with a high probability of occurrence within the preservation area and
their dependence upon this system.
Due to the high quality of this habitat and its location in a relatively developed
area, it provides a number of functions pertinent to wildlife within the area and many
species which migrate through the area seasonally or in a life history stage. This wetland
provides a corridor between Telfairs Creek and Snow's Cut, ultimately culminating in the
Cape Fear River, thus providing vital shallow water habitat for juvenile fish species, as
well as a corridor for migratory species along an inland freshwater system. The system
also functions to buffer water high in pollutants from runoff associated with the adjacent
developed areas'.
Mammalian species include: Odocoileus virginianus (white - tailed deer), Vulpes
vulpes (red fox), Urocyon cinereoargenteus (gray fox), Procyon lotor (raccoon),
Didelphis virginiana (opossum), Sciurus carolinensis (gray squirrel), and smaller rodents
such as the (field mouse).
Bird species include: various species of predatory hawks and owls, as well as
smaller bird species such as Turdus migratorius (american robin), Cyanocitta cristata
(blue jay), Mimus polyglottos (mocking bird), Cantopus virgins (eastern wood pewee),
Parus carolinensis (Carolina chickadee), Thryothorus ludovicianus (Carolina wren),
Parus bicolor (tufted titmouse), species from the family Ardeidae (herons), among others.
It should be noted that this habitat provides excellent migratory and resident song bird
habitat and nesting areas.

Herpetological species found in the region include: Agkistrodon piscivorus
(eastern cottonmouth), Agkistrodon contortrix contortrix (southern copperhead), Crotalus
adamanteus (eastern diamondback rattlesnake), Crotalus horridus (timber rattlesnake),
Nerodia erythrogaster erythrogaster (redbelly water snake), Opheodrys aestivus (rough
green snake), Elaphe obsoleta obsoleta (black rat snake), among others. Turtle species in
the region include: Terrapene carolina bauri (eastern box), Clemmys guttata (spotted
turtle), Chelydra serpentina (common snapping turtle), and Kinosternon subrubrum
subrubrum (eastern mud turtle). Many toad species from both the Scaphiopus (spadefoot)
and Bufo (true toads) families, as well as frogs from the Hyla (tree frogs) and Rana (true
frogs) families. Various species of salamanders from the Ambystoma (mole salamanders),
Notophthalmus (newts), and Plethodon (woodland salamanders) families. Anolis
carolinensis (green anole) and Alligator mississipiensis (alligator) is also found in the
region.
The moist soil and standing water (both in the creek and in adjacent depressions)
provide valuable habitat for the life history of many of these herpetological species.
Insects which are a valuable food source for many of the herpetological and bird species
use these water sources during different life history stages as well.
3.4 Preservation and Protection
Ultimately, the intent of this mitigation package is to put this land in a conservation
easement. Recent urban impacts within and adjacent to the mitigation site increase the
need for preserving wetland functions in a natural state. In addition, continued availability
of Nationwide Permits to surrounding property owners increase the possibility of further
degradation of the wetland and its associated functions. Preservation of this land will
provide significant vital resource protection in the lower reaches of the Cape Fear River
watershed.

Appendix 1. Bibliography
1. Brinson, M. M. (1993). "A hydrogeomorphic classification for wetlands," Technical
Report WRP -DE-4, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS.
2. Lewis, W. M. and National Reaserch Council (U.S.). (1995). Committee on
Characterization of Wetlands. "Wetlands: characteristics and boundaries ". pp. 307.

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May 18, 1996
Re: Description for Bob Weiabach Tract B of The Cape Property
A certain tract or parcel of land lying and being in Federal Point Township, New Hanover
County, North Carolina, and being a part of tract 22 of The Cape and being more
particularly described as follows:
Beginning on a point being locate the following bearings and distances from the
southeasteni comer of lot 286, section 4A of The Cape as recorded in map book Z3 page
40, Records of New Hanover County, North Carolina, N 29 -31 -15 W 100.01 ft., thence S
81 -28-30 E 395.45 R. to the point and place of beginning:
Proceed thence with the eastern line of Ile Cape Golf Course Property N 06 -55 -30 E
982.54 A. to an old iron, thence N 70 -26-45 W 276.92 ft. to a point being the
southeastern corner ofBermuda Dune at The Cape, thence with the eastern line of
Bernaamda Dunes N 17 -38-45 E 553.31 A. to a point in the southern lime of the Southeriand
Division, thence with said southern line S 86 -0345 E 890.04 k to a point in the run of
'S'eliair Creek thence down said run approximately the following bearings and distances S
24-07-03 W 1531.23 A., chance S 19 -48-41 F 828. 18, thence S 11 -34-04 W 333.77 ft.,
thence S 36 -25 -3S W 325.70 ft. to a point in said run, thence leaving said inn N 84 -35 -00
W $5.46 A. to a concrete monument, thence N 07- 19-25 E 413.44 R. to a concrete
monument, thence a new line N 1"2-38 W 858.81 ft. to tine point ofteginning and
containing 28.463 acres, according to a survey by hnover Design Services, P.A. in May
of 1996.
All ben 'ngs are a%aguetic relative to map book 23 page 40.
eg A. ayne
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NOTES
I. SURVEYED IN MAY OF 1996.
2. AREAS COMPUTED BY D.M.O.
J. FOR REFERENCES SEE AS NOTED HEREON.
4. RUN OF IELFABR CREEK NOT SURVEYED AT THIS OWE.
ITS LOCATION WAS TAKEN FROM A PRELIMINARY PLAT OF
THE CAPE AS PREPARED BY JACK STOCKS. R.L.S
LEGEND
I.L.M. - IRON LINE MARKER
EL . EXISTING IRON
R.R.S. - RAILROAD SPIKE
R/W - RICHT -OF -WAY
E.C.M. - EXISTING CONCRETE MONUMENT
N.W.L. - HIOi WATER LINE
I.S. - IRON SET
BERMUDA DUNES
AT THE CAPE
THE CAPE GOLF COURSE
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TRACT "A"
11.319 AC
C.C..
U.S. COAST GUARD LORAN STATION'
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1. GREG A. WAYNE. C£RBFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION
i
: FROM AN ACTUAL SURVEY MADE UNDER MY SUPERHSION (DEED OESGIRMBON
'•
RECORDED AS NOTED HEREON); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY
INDICATED AS DRAWN FROM INFORMATION FOUND AS NOTED HEREON, THAT THE RA00
• • STTR' j:' OF PRECISION AS CALCULATED LS I:JAQatC THAT THIS PLAT IYAS FRfPARfc 4v
•
•'• ••, ••
%RFC
'tp�•�,:
ACCORDANCE WAN OS 47 -30 AS AMENO£0. WIINESS MY ORIGINAL SIGNATURE.
REGISTRATION NUMBER
•N
AND SEAL INISJDAY OF 6 A.D. I�G
(_CREYX WAYRE RL -1876
ryh
ux uw I LI
— — — — — — — — --- — -
\ \
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BERMUDA DUNES
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THE CAPE GOLF COURSE
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11.319 AC
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U.S. COAST GUARD LORAN STATION'
NORTH CAROLINA COUNTr
L A NOTARY PCIBLIC OF THE COUNTY AND STA IE AFORESAID, CERTIFY THAT GREG
A WAYN[ A REGISTERED LAND SURVEYOR. PERSONALLY APPEARED BEFORE ME THIS
DAY AND ACKNOWLEDGED THE EXECUTION OF DIE FOREGOING WSMUMENT. MMESS
Mr NAND AND OFFITAAL STAMP OR SEAL. INIS DAY OF_ It _
NOTARY PL6UC
MY COMMISSION EOWS
CEROFICATE OF REOSIRA BON BY REGISTER OF DEEDS
NORTH G4ROLWA. COAVTY
THE FOREGOING C£R7?nCA7E Of NOTARY PUBLIC IS
CfRnnfD TO BE CORRECT. FILED FOR REGS IRA DON MIS DAY OF
19 ; A! OICLOCK _• AND OULY RECORDED IN MAP 800K
PAGE
or
I CERTIFY THAT THIS SURVEY IS OF AN EXISAWO PARCEL OR PARCELS OF LAND.
i
SWTItERLAND DINSION .
BOOK 4 OF LANOS M DOWERS PAGE 455 /
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: FROM AN ACTUAL SURVEY MADE UNDER MY SUPERHSION (DEED OESGIRMBON
'•
RECORDED AS NOTED HEREON); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY
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• • STTR' j:' OF PRECISION AS CALCULATED LS I:JAQatC THAT THIS PLAT IYAS FRfPARfc 4v
•
•'• ••, ••
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ACCORDANCE WAN OS 47 -30 AS AMENO£0. WIINESS MY ORIGINAL SIGNATURE.
REGISTRATION NUMBER
•N
AND SEAL INISJDAY OF 6 A.D. I�G
(_CREYX WAYRE RL -1876
NORTH CAROLINA COUNTr
L A NOTARY PCIBLIC OF THE COUNTY AND STA IE AFORESAID, CERTIFY THAT GREG
A WAYN[ A REGISTERED LAND SURVEYOR. PERSONALLY APPEARED BEFORE ME THIS
DAY AND ACKNOWLEDGED THE EXECUTION OF DIE FOREGOING WSMUMENT. MMESS
Mr NAND AND OFFITAAL STAMP OR SEAL. INIS DAY OF_ It _
NOTARY PL6UC
MY COMMISSION EOWS
CEROFICATE OF REOSIRA BON BY REGISTER OF DEEDS
NORTH G4ROLWA. COAVTY
THE FOREGOING C£R7?nCA7E Of NOTARY PUBLIC IS
CfRnnfD TO BE CORRECT. FILED FOR REGS IRA DON MIS DAY OF
19 ; A! OICLOCK _• AND OULY RECORDED IN MAP 800K
PAGE
or
I CERTIFY THAT THIS SURVEY IS OF AN EXISAWO PARCEL OR PARCELS OF LAND.
i
SWTItERLAND DINSION .
BOOK 4 OF LANOS M DOWERS PAGE 455 /
IA. NN' I
tl- 00 -9] -H
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SCA[E IIO FEET
HANOVER DESIGN SERVICES, P.A.
LAND SURVE)YARS.ENGYNEERS A• LAND PLANNERS
319 WALNUT STRFCT
MWINGTON. N.C. 26401
"ONE: (910) 340 -6002
MAP FOR
BOB WEINBACH
FEDERAL POINT TOWNSHIP, NEW HANOVER COUNTY, NORTH CAROLINA
OWNER: 808 WeINBACH
DATE: MAY 17, 1996
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HANOVER DESIGN SERVICES, P.A.
LAND SURVE)YARS.ENGYNEERS A• LAND PLANNERS
319 WALNUT STRFCT
MWINGTON. N.C. 26401
"ONE: (910) 340 -6002
MAP FOR
BOB WEINBACH
FEDERAL POINT TOWNSHIP, NEW HANOVER COUNTY, NORTH CAROLINA
OWNER: 808 WeINBACH
DATE: MAY 17, 1996

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` DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: May 24, 1996
To: John Dorney
Environmental Sciences Branch
From: James H. Gregson4 k
Wilmington Regionil Office
Through: Dave Adkins -
Wilmington R nal Office
t l
Subject: Regional Office Review and Recommendations��'�F c�
Application for Permit for Excavation and/or Fill q�s� 996
Central Office Permit #960353 F�
Beach Walk at Kure Beach 019
New Hanover County s�
A site visit was conducted for this project along with Charlie Hollis, consultant for the
owners of the proposed Beach Walk development. The site consists of three approximately 10
acre parcels. Total wetland area on the site is approximately 8.5 acres. The site is bordered
on the west by an existing dirt road owned by the Town of Kure Beach and on the east by an
existing canal. These wetlands contain pocosin type vegetation and sandy soils and are
interspersed with highground pockets and fingers. Several of the wetter spots on the site are
shallow depressional areas that have a thick peat layer on the surface which probably remains
saturated for most of the year. There appears to be an approximately 50' border of non-
wetlands adjacent to the existing canal due to the drainage influence of the canal. The wetland
score for this 8.5 acre area was 15. Some of the small depressional areas could potentially
provide some aquatic habitat and possibly could score higher than 15, however it is doubtful that
these areas would have 1 -2' of water from late fall to spring nor can they be considered a
freshwater marsh.
The applicants are offering a mitigation proposal which includes the preservation of
approximately 30 acres of riparian wetlands along approximately 3000 ft. of Telfair Creek.
Telfair Creek is an approximately one mile long channelized stream that runs parallel to US
HWY 421 and is tributary to Snows Cut (AIWW). It appears that Telfair Creek receives the
majority of its flow from seeps at the base of sand ridges at the edge of the floodplain. The
wetland rating for the proposed mitigation site was 80. This wetland along Telfair Creek is
significant both in terms of pollutant removal and bank stabilization and also has moderate value
for water storage. The proposed preservation site is in an area with heavy development
pressure, both residential and commercial.
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960353. may
Page Two
Understanding that preservation alone is usually not an acceptable type of mitigation, in
this instance we are loosing 8.5 acres of very marginal wetlands in terms of water quality values
and will be preserving 30 acres of highly functional wetlands that would no doubt be lost in the
near future in one acre chunks. Therefor this Office is not objecting to the current project
proposal with the following recommended conditions:
1. That the applicant pursue on site stormwater controls which will utilize existing
wetlands for storage and removal of suspended solids.
2. That the final mitigation plan be approved and the area be formally donated as a
conservation area prior to issuance of the 401 Certification.
3. That the applicant conduct a search within the 30 acre mitigation site for areas
that may be suitable for enhancement.
ATTACHMENTS
JHG:960353.may
cc: Wilmington Regional Office Files
Central Files

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4EMORANDUM PRINT NAMES:
Reviewer • CA��0 '
r0: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE: S'a y
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR:
APPLICANT NAME:
PROJECT TYPE:
COE #:
RCD_ FROM _CDA:
REG OFFICE:
96 PERMIT NO: 0000353
BEACH WALK AT KURE BEACH
SUBDIVISION
APP
WIRO
LIVER AND SUB BASIN #: 03 6(./7
STREAM CLASS: ,5e
WL_IMPACT? : C), IN
WL REQUESTED: -5�
WL_SCORE( #):
MITIGATION ?: OY/N
MITIGATION SIZE:
COUNTY: NEW HANOVER
PERMIT_TYPE: IND
DOT #:
DATE_FRM_CDA: 64/15/96
STR INDEX N0: /Op— 7/
WL TYPE: pvC
WL_ACR_EST? : Y61
WATER IMPACTED BY FILL ?: Y NC
MITIGATION—TYPE: 07K (/� %�SU'�'�
DID YOU REQUEST MORE INFO ?: Y/g
IS WETLAND RATING SHEET ATTACHED? ;fY )N
HAVE PROJECT CHANGES /CONDITIONS BEEN DISCUSSED WITH APPLICANT ?: Y/N
RECOMMENDATION (Circle One): ISSUE ISSUE /COND DENY
COMMENTS: 2-az
:c: Regional Office
Central Files

CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, NC 28409
910/392 -6833 (Phone /FAX)
April 9, 1996
Project: Beach Walk at Kure Beach;
Kure Beach; New Hanover County, N.C.
Mr. Matt Flint, Regulatory Specialist
Wilmington Regulatory Field Office
Regulatory Branch
P.O. Box 1890
Wilmington NC 28402 -1890
and
Mr. Jim Gregson
N.C. Division of Environmental Management
Wilmington Field Office
127 Cardinal Drive Extension
Wilmington, NC 28405 -3845
Gentlemen:
Q �h
Enclosed is a Predischarge Notification (?EN) for the disturbance
of up to 8.5 acres of wetlands for the development of the project known
as "Beach Walk at Kure Beach ".
,-..�.
For several mont:,s, I have served as cons.:�_a..t to the respective
owners of three approximately 10 —acre adjacent 7arcels of land in Kure
Beach, N.C. located immediately north of the Kure 3each Town Hall.
Jurisdictional wetlands on these properties were delineated by Gary
Mitchell in late 199!, and verified by the Corps (Jeff Richter) in
February of 1995. Recently, the property has heen the subject of a
development plan known as "Beata Walk at Kure "each "; a plan that would
utilize the entire 30 acres for residential housing.
Initially, we looked at how the :�ro;ect ^'_?nt be constructed in
several phases, beginning with the existing non— "wetland areas and
extending, over time, across the rernaining property through the
installation of drainage and /or the use of appropriate permits. The
wetlands on these properties are shallow systems overlaying sandy porous
soils that persist because of poor and /or blocked drainage; and it was
noted that by restoring and improving the drainage, most (if not all) of
the wetlands would become dry. As we consider:c these plans, and
discussed them with the Corps of Engineers, we cecided to submit a
Predischarge Notification (PDN) for t-:e disturbance of wetlands as now
delineated that would be needed for -he ent -re project balanced by the
commitment of ' generous area o -np ^ortant 'wet -- mitigation. Total
anticipated disturbance of wetlands they are now delineated will be
«p to 8' acres over all three tracts of proper *_o provide for roads
and streets, utilities and residential units f^,r _he entire project as
proposed.

Page Z
Considerable time has been spent seeking the availability of a
mitigation area that would be significant in terms of location, size,
and quality. We are pleased that we.have been able to obtain a
commitment for approximately 30 acres of extremely high quality riparian
swamp forest wetlands (interlaced with high — ground hammocks) adjacent to
Telfair Creek near its confluance with its estuary at Snows Cut, just
north of Carolina Beach, N.C. Telfair Creek watershed upstream of these
30 acres has been subjected to considerable stress and disturbance by
channelization, filling, development encroachment, and road crossings;
whereas this nearly 3000 — feet —long riparian area has not been disturbed
in the past and is vital to the maintenance of water quality downstream.
The wetlands there consist primarily of forested drainage features that
extend from the creek (FWS classification: Palustrine, forested wetland,
temporarily flooded, broad — leaved deciduous) and isolated depressional
pockets (FWS classification: Palustrine scrub — shrub, broad — leaved
evergreen, saturated). Wetland soils are of the deep organic variety,
primarily histosols (Dorovan muck), interfaced with sandier Lynn Haven.
Typical vegetation includes redbay (Persea borbonia), loblolly bay
(Gordonia lasianthus), sweetbay (Magnolia virginica) loblolly pine
(Pinus taeda), red maple (Ater rubrum), gallberry (Ilex glabra), titi
(Cyrilla racemiflora), cat briars (Smilax laurifolia), and various
wetland ferns. These areas are valuable as filters for nutrient
material and potential pollutants from both point and non —point sources
that would enter Telfair Creek and the Cape Fear River. These wetlands
enhance water quality by providing denitrification and chemical
precipitation of both runoff waters and backwater flood waters as well
as trapping sediment. They also serve as a buffer for flood water
retention, thereby decreasing erosion potential downstream; and the
entire system is important as a refuge and corridor for wildlife,
especially in its setting in the midst of other highly developed areas.
The 8.5 acres of wetlands at the Kure Beach project site, on the
other hand, are predominantly shallow pot holes and depressions that
have developed anaerobic soil conditions through poor or blocked
drainage (FWS classification: Palustrine, scrub — shrub, saturated).
Soils are primarily Lynn Haven. Much of the vegetation has been
removed, but that remaining consists of a varies o= deciduous and
evergreen species, including Pond pine (Pinus serotina), red bay (Persea
borbonia), wax myrtle (Myrica cerifera), gallberry (Ilex glabra),
fetterbush (Lyonia lucida), and cat briars (Smilax laurifolia). These
wetlands are surrounded by existing ditches, and although they support a
physical subsrate for periphyton and site specific invertebrates, they
function only minimally in retaining stormwater. Additionally, these
wetland areas, even if not permitted to be disturbed, are likely to be
largely converted to high ground by lawful restoration and improvement
of area drainage and by probable construction of future Kure Beach
infrastructure such as roads, streets, and utilities. The entire tract
is bounded on the west by lands that must remai. undisturbed within the
buffer area of the Sunny Point Army Munitions Terminal.

Page 3
It is our sincere belief that this proposal is an environmentally
responsible and beneficial one. We believe that it balances the
short —term economic needs of the developer with the long —term
environmental needs of the community in a unique manner that benefits
both and that satisfys the goals of Federal and State wetland policies.
We urge the approval of the attached requested Predischarge Notification
for Nationwide Permit 26 which would confirm these commitments.
Please contact me if there any questions or if you need
additional information.
S' erely,
harlie Ho lis
Encl: PDN
Cy: John Dorney
BeachWalk

DEM DD:' ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 26
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGLNEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL. MAN�.GEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, H- ALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402 -1890 P.O. Box 29535
ATTN: CESAW -CO -E Raleigh, NC 27626 -0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENT."T M,A- NAGEMENT.
PLEASE PRWf.
I. Owners Naive: BEACH WALK, INC. (Attn: Mr. Bob Weinbach)
2. Owners Address: 1009 N. Lake Park Blvd., Suite 4A; Carolina Beach, NC 28428
3. Owners Phone Number (Home):
(Work): 910 - 458 -3979
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
CHARLIE HOLLIS, REGULATORY CONSULTANT
138 GREEN FOREST DR111E
WILMINGTON NC 28409 PHONE /FAX [phone]
5. Location of work (MUST ATTACH M =p) County: NEW HANOVER
Nearest Town or City: KURE BEACH
Spec?'rc Location (Include road numbers, 12r)Lna1l,s, e *'c,): North of Kure Beach Town Hall
6. Name of Closest Stream./R;ver: Atlantic Ocean
7. Raver Basin: Atlantic Ocean
C. IS I ?�'S pr0)e0I located ir) a ater5'�d 012 5'' °,, as Trout, S?, HQW, ORW, �S ., or WS jj? y'_:
9- Have
�y Secdo 40. per u« bw�n Drev:a!� lv requested
s , for use on .his p:o-e v? YES 1 NO
If yes, explain,
10. Estunaled total number f ac
o res of wa +it:s of e U.S., Lncicd n? we la_ ^cr n o�
:cr_-2t°,d on proitc: s:te: 10
11. Number of acres of Ovate:= o-- Lrit
U.S., ._1ud:ng
proposed pro*e�..
Fi11
Drained: 8.5
Flcoded:
Excavate.; :
ToL1IT ac;ed: 8.5 less 30 —Acres Mitigation (See attachments)

I
12. Description of proposed work (Attach
PLANS -8 lr2" X 11" drawings only):
Construct streets, utilities,
t
ponds, residential units
and •4IN #NNX#*X#X# infrastnncture
as shown
t
t
13. Purpose of proposed work: Construct BEACH WALK development consisting of residential
housing units and.aminities
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Wetlands are located in an irregular vatern throughout the area;
Significant 30 —acre area of riparian wetlands are proposed as mitigation (see attachments)
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine.Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [R3 NO [ ]
RESPONSES FROM THE USIF�VS ANTD /OR NiNIFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact she State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES U NO [ ]
RESPONSE FROM THE SHPO SHOi-7–D BE FORWARDED TO CORPS.
17. Additional information re --ured by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was oer:c'r ,-4 by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater mar. a S ..... -.;yn ._ . quired fcr this project, attach copy.
E. What island use of .ccerty? RESIDENTIAL
F If applicable, what is = •esez :::et:.cd of sewage disposal? ('.ommuNTTY
AGENT'S
(See att:.c::ed '-ester and drawings)

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` iF RIV ,:; • �Ap PREDISCHARGE NOTIFICATION NWP -26
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BEACH WALK AT KURE BEACH
ss 30 —ACRE MITIGATION —T- BEACH WALK, INC.
SITE LOCATION (No Scale) 1009 N. Lake Park Blvd., Suite 4A
Carolina Beach, NC 28428
April 9, 1996
Page l of 6

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FROM : CHARLIE HOLLIS REGLI_ATORY CONS PHONE NO. : 9103926833 Jun. 13 1996 03:03PM P02
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. Cox 1898
WILMINGTON, NORTH CAROUNA 28402.1890
REPLY TO
G)ATMNT*NOF May 30, 1996
Regulatory Branch
Action ID No. 199603247 and Nationwide Permit No. 26
Beach Walk, llncorporated
Attn: Mr. Bob Weinbach
1009 N. Lake park Blvd.
Carolina Beach, North Carolina 28426
Dear Sir:
Please referenas your appltoata.on of April 9, 1996, for Dspartmert of the
Army (DA) authorization to dinaharge fill in a total of 6,S &0r:3e Of
jurisdictional wetlands located above the headwaters of an unnamed tributary
to the Cape Fear River, on your property known as "Beach Walk at Kure Beach ",
located north, of K Avenue and west of 4th Avenue, In Kure Beach, New Hanover
county, worth Carolina. Your application submittal included a proposal to
mitigate for wetland impacts caused by your development through the purchase
and protection of an approximately 30 acre tract containing wetlands
associated with Telfair Creek, a tributary to the Cape gear Vivar, Aaar
Wilmington, North Carolina.
After review of your proposal and pursuant to 33 CPA 330.4 ( ®)(3), we
have determined that your project is autrhorirad by Nationwide Permit No. 26
provided all conditions associated with this authorization and the following
special aax�ditioand are Mott
1, No work in wetlands may begin until a mitigation plan for your
project has been approved by the Corps of Engineers. At the minimum, your
mitigation plan should include the following:
a. an accurate survey of the mitigation site property boundarlea,
b. a delineation map of the wetlands on the property,
C. a general description of the natural communities and any
significant resources identified on the property,
d. a general description, including location, of any ma» -made
structures, existing on the mitigation site,
e. a description of any enhan omant, or restor4tion measures to be
accomplished on the mitigation situ, and
f. a legally binding means of perpetually preserving the mitigation
site in its natural state.
2. A Section 401 water qumllty Omrtificatian Must bo obtained from
the North Carolina Division of Environmental Management. Contact
Mr. John Aorney, telephone [phone] for this certification.

,FROM : CHARLIE HOLLIS REGULATORY CONS PHONE NO. : 9193926833 Jun. 13 1996 03:03PM P03
3. A aonaiate +troy determination must be obtained from the North Carolina
pi.vioi*n of Coastal Management (NCDCM). Contaot Mr. Steve Benton, telephone
(919) 733 -2293 for this consistency determination.
Fox the guxposas Of the Corps of angineersr Regulatory Program, Title 33,
Code of Federal Regulations (CYR), part 330.4, published in the Federal
Register on November 32, 1991, lists nationwide permits. Authorization,
pursuant to Section 404 of the Clean water ACt, was provided by Nationwide
Permit No. 26 for discharges of dredged or fill material into headwaters and
isolated waters. This nationwide permit does not relieve you of the
responsibility to obtain other required State or local approvals.
This verification will be valid until the nationwide permit is modified,
reissued or revoked, which will occur prior to January 21, 1997. It is
incumbent upon you to remain informed of changes to the nationwide permits,
which will be announced by public notice when they occur. If you commence, or
are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation, to complete the activity under the present
terms and conditions of this nationwide permit.
Questions or comments may be addressed to Matthew Flint, Wilmington Field
Office, Regulatory 14xanoh, telephone [phone]_
Sincerely, PILE NAMRtO107- one.al
CESAW -00 - RL /FLXNT /rs /a
MAIL
MSAW -CO -R /FILE
` Matthew Flint
Regulatory opecialist
Enclosure
Copies Furnished (without enclosure).
Mr. Steve Benton Mr. Bob Stroud, District Manager
North Carolina Department of Wilmington Regional Office
Environment, Health and North Carolina Division of
Natural. RenourceS Coastal Management
post office Box -21687 127 Cardinal Drive Extension
Raleigh, North CAroli.nA 27611 -7697 Wilmington, North Carolina 26405 »3845
Mr. John Dorney r. Charlie Hollis
Division of Environmental Management egulatory Consultant
North Carolina Department of 138 Green Forest Drive
Environment, Health and Wilmington, North Carolina 26409
Natural Resourcas
4401 Ready Creak Road
Raleigh, North Carolina 27607
2

✓FROM : CHARLIE HOLLIS REOLLATORY CONS PHONE NO. : 9103926833
Y CHAXWE HOLLIS
KBOULATORY CONSULTANT -
138 Creep Forest Drive:
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9101392 -6833 (Phone /rAX)
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