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HomeMy WebLinkAbout20211047 Ver 1_ePCN Application_20210628DWR Division of Water Resources Pre -Construction Notification (PCN) Form April4,2021 Ver4 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes IT No Change only if needed. BIMS # Assigned * Version#* 20211047 1 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received r $240.00 r Fee needed - send electronic notification IT $570.00 Reviewing Office * Select Project Reviewer* Wilmington Regional Office - (910) 796-7215 Holley Snider:eads\hasnider Information for Initial Review 1a. Name of project: Beach Walk 1a. Who is the Primary Contact?* Tim Lengen 1b. Primary Contact Email:* tim.lengen@lennar.com Date Submitted 6/28/2021 Nearest Body of Water Intracoastal Waterway Basin Lumber Water Classification SA;HQW Site Coordinates Latitude: 33.879731 A. Processing Information County (or Counties) where the project is located: Brunswick Is this a NCDMS Project r Yes IT No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Is this a courtesy copy notification?* r Yes r No Longitude: -78.550678 1c. Primary Contact Phone:* (843)834-4655 L.1 ID# Version Pre -fling Meeting or Request Date 5/21/2021 Attach documentation of Pre -Filing Meeting Request here: dick the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form_ confirmation5-25-21.pdf File type mast be FCF 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: r 401 Water Quality Certification - Regular W Non-404 Jurisdictional General Permit W Individual 401 Water Quality Certification 29 - Residential Developments le. Is this notification solelyfor the record because written approval is not required? For the record onlyfor DWR401 Certification: For the record onlyfor Corps Permit: 50.42KB f 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 11. Is the project located within a NC DCM Area of Environmental Concern (AEC)? (- Yes r No r Unknown 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information r Yes r No r Yes r No 2a. Name(s) on recorded deed: Julia S. Wetherington 2b. Deed book and page no.: 2c.Contact Person: 2d.Address Street Address 2506 Steeple Chase Drive Address Line 2 City Trent Woods Postal / Zip Code 28562 2e. Telephone Number: (252)617-7653 2g. Email Address:* juliabrakel944@gmaii.com 2a. Name(s) on recorded deed: Karen S. Smalls 2b. Deed book and page no.: 2c.Contact Person: 2d.Address Street Address 15406 SE 176th Place Address Line 2 City Renton Postal / Zip Code 98058 2e. Telephone Number: (206)681-3012 2g. Email Address:* karenFaye7@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Gabe Ebner 3b. Business Name: Lennar Carolinas, LLC 3c.Address Street Address 1941 Savage Road Address Line 2 Suite 100-C City Charleston Postal / Zip Code 29407 3d. Telephone Number: (843)834-4655 3f. Email Address:* gabe.ebner@lennar.com 4. Agent/Consultant (if applicable) 4a. Name: William Wilson 4b. Business Name: Sabine and Waters, Inc. 4c.Address State / Province / Iagion North Carolina Country USA 2f. Fax Number: State / Province / Iogion WA Country USA 2f. Fax Number: State / Province / Region SC Country USA 3e. Fax Number: Street Address P.O. Box 1072 Address tine 2 aty Summerville Postal / Zip Code 29484 4d. Telephone Number: (843)871-5383 4f. Email Address:* w,Mlson@sabineandwaters.com Agent Authorization Letter* Beach Walk —Welland Authorization. pdf FC. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: 0 appropriate) 1c. Nearest municipality/ town: Calabash 2. Project Identification 2a. Property Identification Number: 25500032 & 25500031 2c. Project Address Street Address Address tine 2 DLY Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Intracoastal Waterway 3b. Water Resources Classification of nearest receiving water:* SA;HOW 3c. What river basin(s) is your project located in?* Lumber 3d. Please provide the 12-digit HUC in which the project is located. 030402080302 4. Project Description and History State / Province / Ragim SC Country United States of America 4e. Fax Number: (843)871-2050 2b. Property size: 71.5 State / Province / Pagion Country 3.64MB 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The +/- 71.5 acre project area is currently forested throughout. Available aerial photography suggests the site has been primarily managed for silviculture production and recreational use with the most recent timber harvest having occurred in the early to mid 2000's. Although the project area is currently vacant, it is surrounded on all sides by residential development. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) topo_.pdf 1.14MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) BeachWalk_soilmap_WSS.pdf 907.97KB 4f. List the total estimated acreage of all existing wetlands on the property: 4 4g. List the total estimated linear feet of all existing streams on the property: 1028 4h. Explain the purpose of the proposed project:* The proposed projects purpose is construction of a 204 unit single family residential development and an amenity center. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed project will consist of 204 single family residential lots, and amenity site, and +1- 22 acres of open space. The proposed project will require approAmately 0.24 acres of jurisdictional wetland impact and 1.562 acres of non -jurisdictional wetland impact in order to facilitate feasible development. The Town of Calabash requires 3.3 acres of open space. 4j. Please upload project drawings for the proposed project. 6-8-21 drawings.pdf 1.49MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* r Yes r No O Unknown Comments: Wetland delineation has been submitted for USACE verification 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2020-01996 & SAW-2020-02259 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): William Wilson Agency/Consultant Company: Sabine and Waters, Inc. Other: 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* r Yes O No 6b. If yes, explain. Residential development will take place over three phases Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * M 2c. Type of W. 2d. W. name * 2e. Forested * 2f. Type of Impact ��2g. Jurisdicition*(?) area* 1 road construction and P Isolated Wetlands Non -Jurisdictional Yes DWR 0.298 lot development Wetland 1 (acres) 2 road construction and P Isolated Wetlands Non -Jurisdictional Yes DWR 0.418 lot development Wetland 2 (acres) 3 lot development P Isolated Wetlands Non -Jurisdictional Yes DWR 0.051 Wetland 3 (acres) 4 lot development P Isolated Wetlands Non -Jurisdictional Yes DWR 0.077 Wetland 4 (acres) 5 road construction and P Isolated Wetlands Non -Jurisdictional Yes DWR 0.139 lot development Wetland 5 (acres) 6 road construction and P Isolated Wetlands Non -Jurisdictional Yes DWR 0.579 lot development Wetland 6 (acres) 7 lot development P Isolated Wetlands Jurisdictional wetland Yes Both 0.232 1 al (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 1.794 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 1.794 F 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * �[3f. Type of 3gSwidth 3h. I(?) urisdiction* length* Road Crossing Permanent Culvert Tributary 1 Jurisdictional Ditch Both 8 50 S1 9 rY Average (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 400 31. Total permanent stream impacts: 31. Total temporary stream impacts: 50 0 31. Total stream and ditch impacts: 50 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project was designed to avoid impacts to and preserve the largest, most ecologically significant wetlands on -site. Impacts to the jurisdictional ditch have been minimized to one crossing. Remaining wetlands were avoided to the greatest eMent practicable given NCDOT site ingress/egress alignment and stormwater management requirements. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A 25 foot average width upland buffer will be established around the remaining wetlands. All appropriate best management practices Will be adhered to during construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2c. If yes, mitigation is required by (check all that apply): W DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? W Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Attach Receipt and/or letter 3c. Comments 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. r Yes r No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: Proposed project does not include and is not adjacent to any protected riparian buffers identified in the NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r N/A- project disturbs < 1 acre 3. Stormwater Requirements r No 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. As the majority of wetlands proposed for impact are non -jurisdictional, no downstream connection is present. Given their relatively small size, the jurisdictional lot development and culvert installation are unlikely to impact downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater will be collected via gravity sewer lines. These will flowto a proposed on -site pump station. Wastewater will be pump via newforcemain into an epsting S" forcemain along Beach Drive and ultimately to the Sea Trail Wastewater Treatment Facility. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPAC, NC Department of Natural and Cultural Resources Natural Heritage Program Consultation Documentation Upload 20210112_LTRSNT_FWS_SpanglerEnvironmental_BeachDrive (002).pdf 158.45KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Historical aerial photos, Brunswick County North Carolina Cemeteries GIS Interactive Mapping, North Carolina Historic Preservation Office Interactive Mapping 7c. Historic or Prehistoric Information Upload Beach Dr Ext CRM Memo 12.09.20.pdf 3.44MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA flood map service Miscellaneous Comments Miscellaneous attachments not previously requested. Signature * W By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND J . I intend to electronically sign and submit the PCN form. Full Name: Timothy Lengen Signature Date 6/28/2021 AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY APPROXIMATELY 35.27 ACRES — BEACH DRIVE THIS AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY (this "Agreement") is made as of the Effective Date, as defined in Section 1.03, JULIA S. WETHERINGTON ("Seller") and LENNAR CAROLINAS, LLC, a Delaware limited liability company, and/or its successors or assigns (`Buyer"). RECITALS: A. Seller is the owner of approximately 35.27 acres of undeveloped land located in Brunswick County, North Carolina (the "Coup "), described on Exhibit "A" attached hereto and made a part hereof (the "Land"). B. Seller desires to sell the Property, as defined in Section 1.01, to Buyer, and Buyer desires to purchase the Property from Seller, pursuant to the terms and conditions set forth in this Agreement. NOW, THEREFORE, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer and Seller agree as follows: ARTICLE I PURCHASE AND SALE Section 1.01. Proper . Seller agrees to sell, and Buyer agrees to purchase, the property (the "Property"), consisting of (a) fee simple title to the Land and (b) all rights, ways, privileges, and easements appurtenant to the Land, including Seller's right, title, and interest in, to, and under all strips, gores, streets, alleys, and ways, public or private, adjoining or crossing the Land, all of which are appurtenant to, and shall benefit, the Land. Section 1.02. Intangible Rights. The sale of the Property shall include the sale, transfer, and conveyance of all of Seller's right, title, and interest in, to, and under all of the Approvals, as defined in Section 5.01, warranties, guaranties, certificates, licenses, bonds, water and sewer agreements, permits, authorizations, consents, approvals and development orders, which in any respect whatsoever relate to, or arise out of, the use, occupancy, possession, development, construction, or operation of the Property (collectively, the "Seller's Permits"), but shall not constitute an assumption by Buyer of any liabilities arising under the Seller's Permits. The sale shall also include the sale, transfer, and conveyance of all of Seller's right, title, and interest in, to, and under all intangible personal property, including, without limitation, prepaid water and sewer connection fees, utility capacities, impact fee credits, development agreements, approvals, easements, permits, plans, reports, surveys, environmental and other studies, consents and agreements, rents, issues, proceeds, and profits now or hereafter accruing from the Property, all of which are intended to encompass all of Seller's contractual rights, benefits, and entitlements relating to the Property (collectively, the "Intangible Personal 1 ARTICLE V APPROVALS Section 5.01. Approvals. Following the Effective Date, Buyer shall use commercially reasonable efforts to initiate and pursue all final, non -appealable approvals, permits, agreements and consents for at least eighty-five (85) residential single-family detached homesites in size and configuration desired by Buyer, together with related amenities and improvements on or serving the Property (the "Intended Development"), as determined to be necessary and/or appropriate by Buyer to develop the Intended Development including, without limitation, (i) approval of the rezoning of the Property for the Intended Development and annexation of the Property into the Town of Calabash; (ii) approval of the site plan and construction documents for the Intended Development by all applicable governmental authorities; (iii) receipt of any required wetland delineations or related permits for the Intended Development; (iv) receipt of all required land disturbance and storm water permits; and (v) approval by all applicable governmental authorities, utility companies and adjacent land owners of all agreements and arrangements necessary for providing the Property with water, sewer and all utility services and road connections necessary or desirable for the Intended Development to the extent required to enable Buyer to develop the Intended Development (with all appeal periods having expired and no appeals having been filed, collectively, the "Approvals"), so that upon Buyer's obtaining all of the Approvals for the Intended Development, Buyer will be able to obtain building permits, and upon completion of construction, Buyer will be able to obtain certificates of occupancy. The Approvals shall not contain conditions or expenses or require the payment of any exactions or contributions which are unacceptable to Buyer in Buyer's reasonable discretion. Buyer shall determine, in its reasonable discretion, when all of the Approvals have been obtained in accordance with this Section, and shall deliver written notice thereof to Seller (the "Approval Notice"). In the event that Buyer determines, in Buyer's reasonable discretion, that the Approvals are not obtainable in form and substance satisfactory to Buyer, or if at any time prior to the Closing, Buyer is otherwise dissatisfied with the status or prospects of obtaining the Approvals, then Buyer may terminate this Agreement, whereupon the Deposit shall be promptly returned to Buyer and neither parry shall have any further rights or obligations hereunder, except for those matters that expressly survive termination of this Agreement. Seller acknowledges and agrees that the Approvals are for the sole benefit of Buyer and Seller shall have no claim against Buyer in the event that the Approvals are not obtained. Section 5.02. Seller's Cooperation. Seller shall cooperate and not impede in any way with Buyer's efforts to obtain the Approvals, including executing, within three (3) business days after Buyer's written request therefor, any and all documents which are required to be executed by Seller in its capacity as the owner of the Property. ARTICLE VI SELLER'S REPRESENTATIONS AND WARRANTIES Seller represents and warrants to Buyer as true and correct, both on the Effective Date and throughout the period of time until the Closing, that: 7 PSA (Lermar — Beach Drive)v5 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date. LLIER: !� S. no] BUYER: LENNAR CAROLINAS, LLC, a Delaware limited liability company By: (::7)T rl�' N e: Jason Byham Title: Vice President Date: 8.20.2020 21 PSA (Lermar — Beach Drive)v5 AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY APPROXIMATELY 36.34 ACRES — BEACH DRIVE EXTENSION THIS AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY (this "Agreement") is made as of the Effective Date, as defined in Section 1.03, by KAREN S. SMALLS ("Seller") and LENNAR CAROLINAS, LLC, a Delaware limited liability company, and/or its successors or assigns (`Buyer"). RECITALS: A. Seller is the owner of approximately 36.34 acres of undeveloped land located in Brunswick County, North Carolina (the "Coun "), described on Exhibit "A-1" attached hereto and made a part hereof and depicted on Exhibit "A-2" attached hereto and made a part hereof (the "Land"). B. Seller desires to sell the Property, as defined in Section 1.01, to Buyer, and Buyer desires to purchase the Property from Seller, pursuant to the terms and conditions set forth in this Agreement. NOW, THEREFORE, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer and Seller agree as follows: ARTICLE I PURCHASE AND SALE Section 1.01. Property. Seller agrees to sell, and Buyer agrees to purchase, the property (the "Property'), consisting of (a) fee simple title to the Land and (b) all rights, ways, privileges, and easements appurtenant to the Land, including Seller's right, title, and interest in, to, and under all strips, gores, streets, alleys, and ways, public or private, adjoining or crossing the Land, all of which are appurtenant to, and shall benefit, the Land. Section 1.02. Intangible Rights. The sale of the Property shall include the sale, transfer, and conveyance of all of Seller's right, title, and interest in, to, and under all of the Approvals, as defined in Section 5.01, warranties, guaranties, certificates, licenses, bonds, water and sewer agreements, permits, authorizations, consents, approvals and development orders, which in any respect whatsoever relate to, or arise out of, the use, occupancy, possession, development, construction, or operation of the Property (collectively, the "Seller's Permits"), but shall not constitute an assumption by Buyer of any liabilities arising under the Seller's Permits. The sale shall also include the sale, transfer, and conveyance of all of Seller's right, title, and interest in, to, and under all intangible personal property, including, without limitation, prepaid water and sewer connection fees, utility capacities, impact fee credits, development agreements, approvals, easements, permits, plans, reports, surveys, environmental and other studies, consents and agreements, rents, issues, proceeds, and profits now or hereafter accruing from the Property, all of which are intended to encompass all of Seller's contractual rights, 1 Section 4.05. AS -IS SALE. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT AND IN THE DOCUMENTS TO BE DELIVERED AT THE CLOSING, BUYER IS ACQUIRING THE PROPERTY "AS IS", "WHERE IS", AND "WITH ALL FAULTS" AND SELLER HAS NOT MADE AND DOES NOT AND WILL NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, EXPENSES, LEGAL STATUS, ZONING, VALUE, UTILITY, OR POTENTIAL OF THE PROPERTY, OR ANY OTHER MATTER OR THING AFFECTING OR RELATING TO THE PROPERTY OR THIS AGREEMENT THAT MIGHT BE PERTINENT IN CONSIDERING WHETHER TO PURCHASE THE PROPERTY OR TO MAKE AND ENTER INTO THIS AGREEMENT, AND EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT AND IN THE DOCUMENTS TO BE DELIVERED AT THE CLOSING, SELLER HAS NOT MADE, AND BUYER HAS NOT RELIED UPON, ANY SUCH REPRESENTATIONS OR WARRANTIES. Section 4.06. COVID-19. Seller acknowledges and agrees that the impact of the pandemic known as the "coronavirus" or "COVID-19" may make Buyer's performance of the Inspections impractical or impossible and any delay or election not to perform any of the Inspections or pursue any of the Approvals, as defined in Section 5.01 shall not be deemed a Buyer's Default, as defined in Section 14.01. Additionally, if, as a result of such pandemic, the State of North Carolina and/or the jurisdiction in which the Property is located is subjected to a "stay at home order," or "shelter in place order" as declared by its Governor at any point in time during the term hereof (in each case, a "COVID-19 Tolling Event"), all time periods under this Agreement within which to perform hereunder shall automatically toll until the Governor of the State of North Carolina declares such COVID 19-Tolling Event has been lifted and no longer is in effect. ARTICLE V APPROVALS Section 5.01. Approvals. Following the Effective Date, Buyer shall use commercially reasonable efforts to initiate and pursue all final, non -appealable approvals, permits, agreements and consents for at least ninety-five (95) residential single-family detached homesites in size and configuration desired by Buyer, together with related amenities and improvements on or serving the Property (the "Intended Development"), as determined to be necessary and/or appropriate by Buyer to develop the Intended Development including, without limitation, (i) approval of the site plan and construction documents for the Intended Development by all applicable governmental authorities; (ii) receipt of any required wetland delineations or related permits for the Intended Development; (iii) receipt of all required land disturbance and storm water permits; and (iv) approval by all applicable governmental authorities, utility companies and adjacent land owners of all agreements and arrangements necessary for providing the Property with water, sewer and all utility services and road connections necessary or desirable for the Intended Development to the extent required to enable Buyer to develop the Intended Development (with all appeal periods having expired and no appeals having been filed, collectively, the "Approvals"), so that upon Buyer's obtaining all of the Approvals for the Intended Development, Buyer will be able to obtain building permits, and upon completion of construction, Buyer will be able to obtain certificates of occupancy. The Approvals shall not 6 PSA (Lennar — Beach Drive Ext)v2 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date. SELLER: KAREN S. SMALLS F 2 r Date:` BUYER: LENNAR CAROLINAS, LLC, a Delaware limited liability company Name: Jason Byham Title: Vice President Date: 22 PSA (Lennar — Beach Drive Ext)v2 Contact Name* William Wilson Contact Email Address* wwilson@sabinc.net Project Owner* Lennar Carolinas, LLC Project Name* Beach Walk Project County* Brunswick Owner Address:* Street Address 1941 Savage Road Address Line 2 Suite 100-C aty Charleston Postal / Zip axle 29407 Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F- 401 Water Quality Certification - Regular Express W Individual Permit F- Modification F- Shoreline Stabilization Does this project have an existing project ID#?* C Yes c: No State / Province / Pegion SC Country United States Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below and include location information.* The proposed Beach Walk development (project) is located in Calabash, Brunswick County, NC at Lat: 33.879364 / Long: - 78.550936.The currently vacant +/- 75 acre project area consists of PIN #s 25500031 & 032 and is more specifically located south of Landing Dr SW, west of Beach Drive SW, north of Heritage Dr SW and east of East Bramshill Rd SW. The applicant is proposing construction of approximately 204 single family residential homes over three phases of development. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * r� 4iPr S �'%MW 07t. Submittal Date 5/21/2021 00 00 • • � � � � U W Q � � • 1 L a ► �2w i •� . 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O a) 2 y O a -yo O L d Q CL J m E a) m 0 m O ° O a a m O U) U) N > L_ O (n y (n � o a) U ) a Q * R a R � C � R 4 R5 F R m y C O y 0 .� O Q U) a° a° N cL N a Q a w a o > > a a > a w w C) 3 Q w -a Q U) = 3 3 y F o O w 2 ° w O o CL 0 CL ° LU w Q _ 0 o `o — 3 O T w > > a M a w U o = Y w a y Q o 0 (n (n 0 (n 0 o m o a O m 'm y w O m w a o w a R ` 11F U) Q y Uo 7 N U) ,> N 0 a) U) Q Q O U m 0 m Z Soil Map —Brunswick County, North Carolina Beach Walk Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI Lo Leon fine sand 35.0 37.5% Mu Murville mucky fine sand 6.5 7.0% PaA Pactolus fine sand, 0 to 2 percent slopes 51.8 55.5% Totals for Area of Interest 93.3 100.0% USDA Natural Resources Web Soil Survey 6/8/2021 Conservation Service National Cooperative Soil Survey Page 3 of 3 Jr I ! ` IL ■ . •• ' •' '•';��` SITE' '' • " ' • y * LAT: 31057'56" �',,'���r �' ■ • y + LONG:-80033'22" / f i ■ y IL % ti JJ ` • • i 25 Jam" +41 i �i l `� y-� � ��•• � 'ice-��q�S�ro}r '"Ing rBoat Ra _- � - Sheet List Table r Sheet Number Sheet Title 1 Cover Sheet 2 Summary p; 3 Key Map 4 Wetland Impact Plan 5 Wetland Impact Plan 7 Wetland Impact Plan 8 Wetland Impact Plan 9 Cross Sections 10 Cross Sections 1 1 Cross Sections 12 Cross Sections 13 Cross Sections 6 Wetland Impact Plan „ry _ `X BEACH WALK WETLAND PERMIT DRAWINGS COVER SHEET CLIENT: LENNAR CAROLINAS, LLC LOCATION: HORRY COUNTY, SOUTH CAROLINA DATE: 6/8/21 DRAWN BY: NTP SHEET: 1 JOB NUMBER: J-28851.0000 REVIEWED BY: WAW SCALE: 1" = 1000' Md T THOMAS HUTTON 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 www.thomasandhutton.com SUMMARY WETLANDIMPACTS IMPACT #1 (NON -JURISDICTIONAL) ± 0.298 AC ± 481 CY IMPACT #2 (NON -JURISDICTIONAL) ± 0.418 AC ± 171 CY IMPACT #3 (NON -JURISDICTIONAL) ± 0.051 AC ± 2 CY IMPACT #4 (NON -JURISDICTIONAL) ± 0.077 AC ± 4 CY IMPACT #5 (NON -JURISDICTIONAL) ± 0.139 AC ± 19 CY IMPACT #6 (NON -JURISDICTIONAL) ± 0.579 AC ± 441 CY IMPACT #7 (JURISDICTIONAL) ± 0.232 AC ± 133 CY IMPACT #8 (JURISDICTIONAL) ± 0.008 AC ± 32 CY (±5 CY ROCK, ±27 CY DIRT) TOTAL NON -JURISDICTIONAL IMPACTS: ± 1.562 AC ± 1118 CY TOTAL JURISDICTIONAL IMPACTS: ± 0.240 AC ± 165 CY PROPOSED ON -SITE MITIGATION WETLAND PRESERVATION: 3.3 AC UPLAND BUFFER: 1.1 AC BEACH WALK M THOMAS WETLAND PERMIT DRAWINGS , SUMMARY HUTTON CLIENT: LENNAR CAROLINAS, LLC 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 LOCATION: HORRY COUNTY, SOUTH CAROLINA DATE: 6/8/21 DRAWN BY: NTP SHEET: 2 ww v.thomasandhutton.com JOB NUMBER: J-28851.0000 REVIEWED BY: WAW SCALE: N/A N W E S AGE, 5 PAGE 4 IMPACT12 r IMP T 3 IM ACT 4 PRE,' RV D WETLAND #11 1 AVERAGE 25' BUFFER TYP) \ IM�AC 6 \ I t` ,PAGE 7 PAGE 6\ PAGE 8, IMPACT \ \ IMPACT 7 • "a,, AVERAGE 25' / BUFFER (TYP) /ERVEa PRE WETLAND #2 BEACH WALK T THOMAS WETLAND PERMIT DRAWINGS & KEY MAP HUTTON CLIENT: LENNAR CAROLINAS, LLC 611 Burroughs & Chapin Blvd. • Suite 202 LOCATION: HORRY COUNTY, SOUTH CAROLINA Myrtle Beach, SC 29577 • 843.839.3545 DATE: 6/8/21 JOB NUMBER: J-28851.0000 DRAWN BY: NTP SHEET: 3 REVIEWED BY: WAW SCALE: 1" = 500' www.thomasandhutton.com o�- w E � IIMPACT #1 NON -JURISDICTIONAL ±0.298 AC 481 CY \ ASO x 00 Q ' 'M0O� IMPACT #4 NON -JURISDICTIONAL / ±0.077 AC 4 CY \ IMPACT #5 / NON -JURISDICTIONAL AC ±0.139 19 CY \ BEACH WALK T THOMAS WETLAND PERMIT DRAWINGS WETLAND IMPACT PLAN & HUTTON CLIENT: LENNAR CAROLINAS, LLC 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 LOCATION: HORRY COUNTY, SOUTH CAROLINA DATE: 6/8/21 DRAWN BY: NTP SHEET: 4 JOB NUMBER: J-28851.0000 REVIEWED BY: WAW SCALE: 1" = 100' www.thomasandhutton.com N 7�1 W E 1 \ I I I S 1 \ _ IMPACT #2 - \ NON -JURISDICTIONAL -- ±0.418 AC 171 CY ` \ IMPACT #3 / NON -JURISDICTIONAL - \� ±0.051 AC ' 2 CY ' BEACH WALK T THOMAS WETLAND PERMIT DRAWINGS WETLAND IMPACT PLAN & HUTTON CLIENT: LENNAR CAROLINAS, LLC 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 LOCATION: HORRY COUNTY, SOUTH CAROLINA DATE: 6/8/21 DRAWN BY: NTP SHEET: 5 JOB NUMBER: J-28851.0000 REVIEWED BY: WAW SCALE: 1" = 100' www.thomasandhutton.com 00 \ / IMPACT 04 \ \W E / ' \ NON -JURISDICTIONAL \ � ±0.077 AC 4 CY i / IMPACT A5 / NON -JURISDICTIONAL / Y ±0.139 AC 19 CY 2 k' \ IMPACT #6 \ \ \\\� NON -JURISDICTIONAL \ \ ±0.579 AC \ 441 CY \ \ BEACH WALK M THOMAS WETLAND PERMIT DRAWINGS WETLAND IMPACT PLAN , HUTTON CLIENT: LENNAR CAROLINAS, LLC 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 LOCATION: HORRY COUNTY, SOUTH CAROLINA DATE: 6/8/21 DRAWN BY: NTP SHEET: 6 JOB NUMBER: J-28851.0000 REVIEWED BY: WAW SCALE: 1" = 100' www.thomasandhutton.com \ PRESERVED \ WETLAND #1 0.88 AC \ E ` \ •• /• \ �� AVERAGE 25' BUFFER (TYP) \' \ \ \yam \ \ IMPACT #7 JURISDICTIONAL \NN \ ±0.232 AC \ \ ' 133 CY BEACH WALK T THOMAS WETLAND PERMIT DRAWINGS & WETLAND IMPACT PLAN � HUTTON CLIENT: LENNAR CAROLINAS, LLC 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 LOCATION: HORRY COUNTY, SOUTH CAROLINA DATE: 6/8/21 DRAWN BY: NTP SHEET: 7 JOB NUMBER: J-28851.0000 REVIEWED BY: WAW SCALE: 1" = 100' www.thomasandhutton.com \ \ JURISDICTIONAL \\ ` DITCH REMOVE 15" CPP a RESTORE DITCH- CROSS SECTION "E" \ RIPRAP APRON \ IMPACTS / JURISDICTIONAL \ 50 LF RCP ±0.008 AC CULVERT UNDER 32 CY ,\ ROAD CROSSING \ �\ RIPRAP APRON -V �i �� ` ` / �• AVERAGE 25' BUFFER (TYP) \11, \t/ y PRESERVED y �• �\ \1/ WETLAND #2 �y ± 0.87 AC \V / / / y y y \ y y / \ y \ BEACH WALK T THOMAS WETLAND PERMIT DRAWINGS & WETLAND IMPACT PLAN � HUTTON CLIENT: LENNAR CAROLINAS, LLC 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 LOCATION: HORRY COUNTY, SOUTH CAROLINA DATE: 6/8/21 DRAWN BY: NTP SHEET: 8 JOB NUMBER: J-28851.0000 REVIEWED BY: WAW SCALE: 1" = 100' www.thomasandhutton.com 40 40 J 0+00 1+00 2+00 3+00 4+00t+25 CROSS SECTION A STATIONS: —0+25 — 4+25 SCALE: HORZ.: 1" = 100' VERT.: 1" = 10' 35 U 0 35 30 30 WETLAND LIMITS 25 25 20 — -- �---. 20 15 15 10 10 �, � N _o N ao In m N l0 N o c0 N _ _� N � N N a� N N a� N N N N N N BEACH WALK CROSS SECTIONS CLIENT: LENNAR CAROLINAS, LLC LOCATION: HORRY COUNTY, SOUTH CAROLINA DATE: 6/8/21 DRAWN BY: NTP SHEET: 9 JOB NUMBER: J-28851.0000 REVIEWED BY: WAW SCALE: 1" = 100' T THOMAS HUTTON 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 www.thomasandhutton.com 35 35 30 WETLAND LIMITS 30 25 PAD PAD 25 ol 20 SI WALE 20 15 15 10 10 N M N N N O t0 w N N O N N 0+00 1+00 2+00 CROSS SECTION B (Typical Impact for 2, 3, 4, 5) STATIONS: —0+25 — 2+00 SCALE: HORZ.: 1" = 100' VERT.: 1" = 10' BEACH WALK CROSS SECTIONS CLIENT: LENNAR CAROLINAS, LLC LOCATION: HORRY COUNTY, SOUTH CAROLINA DATE: 6/8/21 DRAWN BY: NTP SHEET: 10 JOB NUMBER: J-28851.0000 REVIEWED BY: WAW SCALE: 1" = 100' T THOMAS HUTTON 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 www.thomasandhutton.com 35 J U 01 35 ir 30 WETLAND I LI ITS 30 25 I 25 20 20 15 15 10 10 M N M M It N N O 01 CO M N N O O � (D cV N N O N V N N M Ol M N N O O 0 N N N M W) N 0+00 1+00 2+00 3+00 3+50 CROSS SECTION C STATIONS: —0+25 — 3+50 SCALE: HORZ.: 1" = 100' VERT.: 1" = 10' BEACH WALK CROSS SECTIONS CLIENT: LENNAR CAROLINAS, LLC LOCATION: HORRY COUNTY, SOUTH CAROLINA DATE: 6/8/21 DRAWN BY: NTP SHEET: 11 JOB NUMBER: J-28851.0000 REVIEWED BY: WAW SCALE: 1" = 100' T THOMAS HUTTON 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 www.thomasandhutton.com 40 40 35 35 30 25 WETLAND LIMITS 30 25 20 20 15 15 10 10 BEACH WALK CROSS SECTIONS CLIENT: LENNAR CAROLINAS, LLC LOCATION: HORRY COUNTY, SOUTH CAROLINA DATE: 6/8/21 DRAWN BY: NTP SHEET: 12 JOB NUMBER: J-28851.0000 REVIEWED BY: WAW SCALE: 1" = 100' T THOMAS HUTTON 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 www.thomasandhutton.com 40 40 35 35 30 25 LIMITS IMPACT OF 30 25 BEACH WALK CROSS SECTIONS CLIENT: LENNAR CAROLINAS, LLC LOCATION: HORRY COUNTY, SOUTH CAROLINA DATE: 6/8/21 DRAWN BY: NTP SHEET: 13 JOB NUMBER: J-28851.0000 REVIEWED BY: WAW SCALE: 1" = 100' T THOMAS HUTTON 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 www.thomasandhutton.com United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office 551-F Pylon Drive Raleigh, North Carolina 27606 January 12, 2021 Ward Marotti Spangler Environmental Inc. 4338 Bland Road Raleigh, NC 27609 Re: Beach Drive — Brunswick County Dear Mr. Marotti: This letter is to inform you that the Service has established an on-line project planning and consultation process which assists developers and consultants in determining whether a federally -listed species or designated critical habitat may be affected by aproposed project. For future projects, please visit the Raleigh Field Office'sproject planning website at https://www.fws.gov/raleigh/pp.html. If you are only searching for a list of species that may be present in the project's Action Area, then you may use the Service's Information, Planning, and Consultation System (IPaC) website to determine if any listed, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed at https://ecos.fws.gov/ipac/. The IPaC web site contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern' that are known to occur in each county in North Carolina, and other resources. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 'The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. Ourcomments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact John Ellis of this office at (919) 856-4520 ext. 26. Sincerely, CO, " 'Y Pete Benjamin Field Supervisor SPANGLER ENVIRONMENTAL, INC. Environmental Planning Environmental Permitting Environmental Consulting Environmental Construction Management Expert Testimony December 9, 2020 Mr. Tim Lengen, Due Diligence Manager Lennar Corporation — Coastal Carolinas Division 1941 Savage Rd, Suite 100C Charleston, SC 29407 RE: Beach Drive Extension Due Diligence — Cultural Resources / Cemetery Memo Mr. Tim Lengen, At your request, Spangler Environmental, Inc. (SEI) conducted a cultural resource screening of the Beach Drive Extension site (Property) in an effort to identify evidence of a cemetery or feature of historical or cultural significance (Resource). The Property was located at 0 Beach Drive SW, Calabash, Brunswick County, North Carolina, and was referenced in the Brunswick County tax database as PIN No. 25500031.1 The screening method consisted of two parts: a literature review of various sources to detect historical indications of a Resource, and site reconnaissance conducted by SEI personnel on December 3, 2020 to visually inspect the Property for visual evidence of an existing Resource. Cemeteries During the site visit, SEI did not observe headstones, grave markers, fenced in areas, or other indicators that may reflect the presence of a cemetery on the subject property. SEI also reviewed historical aerial photographs of the site, historical USGS topographic maps, and cemetery records published by the Cemetery Census.2-4 Review of these records did not indicate that a cemetery has existed on the site. Based on the observed site conditions and review of these limited historical data sources, no evidence was found to suggest the presence, or likely historical presence, of a cemetery at the site. If, however, evidence of human burials is discovered during development, activities in that area should halt and the proper authorities should be notified. Cemeteries, graveyards and burial grounds are protected under North Carolina laws. Features of Historical or Cultural Significance During the site visit, SEI did not observe any structures, signage, or other indicators of a potential historically- or culturally -significant structure, feature, or district. SEI also reviewed the interactive GIS map website maintained by the North Carolina Historic Preservation Office (NCHPO) in an effort to identify potential cultural sites of significance on the property.5 No historical sites or historical areas were revealed within the boundaries or direct line of sight of the subject property. Review of information gathered from the Brunswick County GIS website indicates that several ancillary structures were constructed as early as 1976, and are, therefore, outside of the typical age range for eligibility as a historic structure (approximately 50 years).' Based on the dates of construction of the current structures and the lack of a known historical listing on the property, no further action is recommended for the preservation of historical resources at this site. Sincerely, Spangler Environmental, Inc. Alfa .Wo Mariane Grubbs Environmental Scientist Attachments: Cultural Resources Map A. Callahan Rieder Director — Risk Management Services 4338 Bland Road Raleigh, N.C. 27609 phone 919-875-4288 fax 919-875-4287-8351 1-866-SPANGLER www.spanglerenvironmental.com References: 1. Brunswick County Government North Carolina. Brunswick County GIS Interactive Mapping. Retrieved from https://www.arcgis.com/apps/webappviewer/index.html?id=6df283e1aa634006baeedf6daac40d38/ November 28, 2020. 2. Cemetery Census. Brunswick County North Carolina Cemeteries GIS Interactive Mapping. Retrieved from http://cemeterycensus.com/cemgps2.htm?cnty=nc/brun/. December 9, 2020. 3. EDR. Aerial Photo Decade Package. Flight Years 1949 through 2016 (non -inclusive). Prepared for the Beach Drive Extension Property on November 30, 2020. 4. EDR. Historical Topo Map Report. 7.5-Minute Topographic Maps of the Calabash Quadrangle. Map Years 1943 to 2013 (non -inclusive). Prepared for the Beach Drive Extension Property on November 30, 2020. 5. North Carolina Historic Preservation Office (NCHPO). HPOWeb 2.0 GIS Interactive Mapping. Retrieved from https://nc.maps.arcgis.com/appslwebappviewer/index.html?id=d2d04d8d7e03403f889419526e682529. December 9, 2020. loy SPANGLER ENVIRONMENTAL, INC.