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
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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'
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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/
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y �•
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\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
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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.