20051717 Ver 2_401 Application_20080520

MCMM&CREED
TO: DWQ 401/Wetlands Unit
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604
ATTENTION: Cyndl Karoly
O5 -17i7v.,9-
LETTER OF TRANSMITTAL
DATE: May 15, 2008
PROJECT NO: 4079-0008 TASK NO: 40
RE: Beacon Townes at Carolina Shores
TRANSMITTAL NO: PAGE 1 OF 1
WE ARE SENDING: ? Originals ? Prints ? Shop Drawings ? Samples
? Specifications ? Calculations ? Other -
Quantity Drawing No. Rev. Description Status
1 PCN Application Package C
Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid
E. Construction F. For Review & Comments G. For Approval H. See Remarks
Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other
4. Amend & Resubmit 5. Rejected - See Remarks
REMARKS: Courtesy Copy
Please contact us if you have any questions or if you need additional information.
243 NORTH FRONT STREET, WILMINGTON, NC 28401 [phone] FAX [phone]
cc: Chad Coburn, DENR, Wilmington Office
McKIM & CREED, PA
Jim Birkholz, Centex Homes
Matthew Raines, Centex Homes
Craig Hobart, Centex Homes '
MWO
File, McKim & Creed, P.A. w/ enc Signed
Tarn M. Spive?
for Richar M. Collier, PE
R y `'
S \4079\0008110-Comm\05]408 DWQ Karoly Trans.Doc N",??r
MAY 2 0 ?"kiH.18,

Q5-/7/7 va'
v NICKIM E
ENGINEEP,S
S U R V E Y O R S
P L A N N E R S
May 13, 2008
Kimberly Garvey
US Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
RE: Beacon Townes at Carolina Shores
Dear Ms. Garvey,
M&C 4079-0008(10)
r7 r,'
1
MAY 2 0 ZOOS
1? ,a v 1E: JuAu0
WETiph17Sr;lyG 7=7`:bPN v",3'ck ' r1r»'.t'
Per our email correspondence, please find attached the necessary documents for
"re-permitting" the wetland crossing previously permitted under Action ID
200501275:
• Project Narrative
• NWP 29 PCN application
• Declaration of Conservation Covenants, Conditions and Restrictions
• NCEEP In-Lieu Fee Request acceptance letter dated April 15, 2008
• Impervious calculations
• Valid, signed jurisdictional delineation
• Project Drawings E1-E4 (existing conditions & proposed improvements)
• Copy of previously approved permits from USACE (NWP 14), DWQ
?, 0 S. _..p f Oa (401), NCDENR (Erosion Control), DWQ, (Stormwater), and NCEEP (In-
,
Lieu Fee Request Acceptance)
w ,??,?"'ter
Y <; Z Per local government direction, the twin 18" pipes as shown on the original plan
z were increased to twin 24" pipes. In addition, for future scour considerations,
ao rip-rap was added to the 3:1 side slopes on each side, as well as rip-rap inlet and
0_3 outlet pads.
243 North Front Street
The current permit for the project consists of the discharge of fill in 0.14 acres of
i I m in g t o n, N C 2 8 4 01 freshwater wetland for construction of a road and utility crossing associated with
the 32.72 acre multifamily residential complex. We respectfully request approval
of a new NWP 29 for the revised cre sing, which impacts an additional 0.06 acres
9 1 0.3 4 3 . 1 04 8 of freshwater wetland impact, for a total 0.20 impact.
Far. 910.251.8282
w w w . m e I: i m c r e e d. c o m S:\4079\0008\10-Comm\051308 USACE Ltr.Doc
Beacon Townes
4079-0008
Nationwide Permit 29
Centex Homes - Myrtle Beach Division is constructing Beacon Townes, a multi-family
residential development on a 32.72 acre tract in the town of Carolina Shores. The site is
located +/- 600' from the intersection of Calabash Road and US 17.
The project will consist of 152 townhomes, an amenity center, and roadway
infrastructure. The impervious area will be approximately 19.66 acres. The property is
bordered by US 17 to the west, a ditch within the Carolina Shores neighborhood to the
east, an existing shopping center to the south and a wooded lot to the north. The project
is within the Lumber River Basin.
A 4.73 acre wetland bisects the property, necessitating a wetland crossing to access 36
homes. The design minimized impacts by crossing at the narrowest width and locating
the utilities within the fill area. All other wetland impacts have been avoided.
All required construction and environmental permits were acquired in the latter part of
2005 and construction began in January 2006. A Nationwide Permit #14 (Action ID #
2005-01275) was issued to fill 0.14 acres to construct the crossing.
The crossing was built according to the approved construction plans. A subsequent
geotechnical investigation has concluded that the "fill material was placed and
compacted properly" and that the composition and amount of fill material is "more than
adequate to support the anticipated traffic volumes for the development."
However, an inspector from the Town of Carolina Shores found the completed roadway
crossing road base and hydraulics unacceptable. The inspector disagreed with the
geotechnical conclusions and decided the roadway was not stabilized properly. She was
also concerned that "another [Hurricane] Floyd" would flood the roadway and cause
erosion. She required the following changes to the crossing design:
• Elevate roadway an additional 1.0'
• Install rip-rap inlet and outlet
• Increase size of dual culverts from 18" to 24"
• Rebuild 3:1 side slopes and install rip-rap along the banks
The changes will require removing and rebuilding the entire roadway crossing and will
result in 0.20 acres of impacts in the same location. The enclosed permit application will
allow the applicant to meet the requirements of the Town of Carolina Shores.
The original 0.14 acres of impacts were mitigated by a $6,561.50 payment into the NC
Ecosystems Enhancement Program (NCEEP). On April 15, 2008, the NCEEP agreed to
accept payment for impacts associated with the project revisions.
Kimberly Garvey
May 12, 2008
Page 2
Please contact me at [phone] if you have questions or need additional
information.
Sincerely,
McKIM & CREED, P.A.
Vt t
Tammy M. Spivey
Entitlement Specialist
Planning & Land Development
Enclosures
cc: Jim Birkholz, Centex Homes
Matthew Raines, Centex Homes
Craig Hobart, Centex Homes
File, McKim & Creed, PA, w/ plans
S:\4079\0008\10-Comm\051308 USACE Ltr.doc 4,
M, q, < I N /I CR E ED

?5' G l lC Ur,2_
Office Use Only: GJ' Form Version March OS
USACE Action ID No. DWQ No.
/TO _-__- -_
k11 a 1y pal LA Ulal ,wui ib 110L appiicaoie to tors project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
II. Applicant Information
1. Owner/Applicant Information
Name: Jim Birkholz, Centex Real Estate Corporation Myrtle Beach Division
Mailing Address:_ 2050 Corporate Centre Drive
Suite 200
Myrtle Beach SC 29577
Telephone Number: 843-839-2200 Fax Number: 843-839-2209
E-mail Address: ibirkholzkcentexhomes com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Richard M. Collier PE
Company Affiliation: McKim & Creed PA
Mailing Address: 243 North Front Street
Wilmington NC 28401
Telephone Number: 910-343-1048 Fax Number: 910-251-8282
E-mail Address: rcollier(a?mckimcreed com
Updated 11/1/2005
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Beacon Townes a, Carolina Shores
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 2400014
4. Location
County: Brunswick County Nearest Town: Carolina Shores
Subdivision name (include phase/lot number):- Beacon Townes (cry Carolina Shores
Directions to site (include road numbers/names, landmarks, etc.):
The site is located +/- 650' northeast from the intersection of US 17 and Thomasboro Road
SRI 168 in Carolina Shores
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 33 deg 55' 15" °N 78 dee 34' 15" °W
6. Property size (acres): 32.71
7. Name of nearest receiving body of water: Receiving Stream-Persimmon Swamp
8. River Basin: Lumber
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Project is under construction Prior to construction site was
grassland and partially wooded
Updated 11/1/2005
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
Backhoe, dump truck road-graders
11. Explain the purpose of the proposed work: Roadway construction to facilitate site access
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. DWQ # 051717: 401 Water Quality Certification received Nov 10 2005
USACE #2005-01275: NWP 14 received Dec 13 2005
Local municipality requires road crossing to be removed and rebuilt Please see narrative for
details.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permit requests are anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:_ Recently installed crossing of 404
wetlands to be removed and rebuilt. The proposed crossing will result in 0.06 acres of
Updated 11/1/2005
Page 7 of 12
additional permanent impact in the way of fill Utilities will be placed underground within
this fill area.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding-
Wetland Impact
Site Number
(indicate on map) Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Flood lain
p
( es/no) Distan ce to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Fill, rip-rap Forested Wetland No 7,111 0.20

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:4.73
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage. multinly length X wirith then rlivirlP by al sWn
Stream Impact
Number
(indicate on ma
Stream Name
Type of Impact
FIntermittent? rennial or Average
Stream Width
Before Impact Impact
Length
(linear feet Area of
Impact
(acres)
N/A

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding drainage bulkheads etc
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
NA

Updated 11/1/2005
Page 8 of 12
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the TI.R_ rec„It;nv frnrr, rhP rrniA,.t•
-a
Stream Impact (acres):
0
Wetland Impact (acres): 0.20
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.20
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater requirement
Current land use in the vicinity of the pond: construction site
Size of watershed draining to pond: 17.8 ac. + 9.3 ac = total 27.1 ac
Expected pond surface area: 66,700 sf + 13,700 sf = 80,400 sf
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Roadway wetland crossings
have been avoided and minimized by crossing at the narrowest widths Subaqueous utilities will
be located within these fill areas to eliminate additional impacts.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated 11/1/2005
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
See covenant and restriction attached.
See acceptance letter for the EEP
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep net/paayes/inlieureplace htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): 0.20
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Updated 11/1/2005
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Im act
I 1 Zone* (0,,,,-p f o+) Multiplier Required
1 N/A 3 (2 for Catawba)
2 N/A 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Updated 11/1/2005
Page 11 of 12
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
Proposed impervious coverage is 35% built-upon
* see attachment Imperious Calculations
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Public Wastewater System
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Comprehensive site improvements are shown
No future phases will occur
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
5'J,og-
(Agent's si
Updated 11/1/2005
Agent',s Signature
is valid only if an a
Date
letter from the applicant is provided.)
Page 12 of 12
02/14/2006 15:42 9102532726 BRUNSWICK COUNTY TAX PAGE 01
Iouirirk Cxmt:y--Register of Aeeds
Robert J_ Robinson
Inst #311556 Book 2329Page 595
02/07/2006 02:09:57pa Rec#r-Y/_1--7 7
tlC7 ? ?
STATE OF NORTH CAROLINA) DECLARATION OF CONSERVATION
BRUNSWICK COUNTY ) COVENANTS, CONDITIONS AND
RESTRICTIONS
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS ( hereinafter, "Conservation Declaration") is made on this _ (o
day of t? 2006, by Cmlcx heal Estate Corporation, 2050
Corporate Centre Drive, Suite 200, Myrtle Bcach, SC 29577 (hereinafter "Declarant').
RECITALS & CONSERVATION PURPOSES
WHEREAS, Declarant is the sole owner in fee simple of the certain Conservation
Property (Property) being approximately 4.73 acres, mo, or less, more particularly
designated as "Wetlands" on that oertain plat prepared for Centex Homes by McKim &
Creed, dated March 8, 2005 and recorded in Plat Book 33 at 156 (hereinafter "Property");
and
WHEREAS, the Declarant filed certain "Wetlands Restrictions" regarding this
property on October 20, 2005 in Deed Book 2264 at page 283 in the Brunswick County,
North Carolina Register of Deeds which this Conservation Doclaration is to replace and
supersede; and
WHEREAS, the purpose of this Conservation Declaration is to maintain wetland
and/or riparian resources and other natural values of the Property, and prevent the tsc or
development of the Property for any purpose or In any manner that would conflict with
the maintenance of the Property in its natural condition; and
WIMREAS, the preservation of the Property in its natural condition is a condition
of Department of the Army permit Action 1D 200501275 issued by the Wilmington
District Corps of Engineers (Corps), required to mitigate for unavoidable impacts to
waters of the United States authorized by that permit, and this Conservation Declaration
may therefore be enforced by the United States of America.
02/14/2006 15:42 9102532726 BRUNSWICK COUNTY TAX PAGE 02
Inst N 319556 Book 2329Page: $96
NOW, THEREFORE the Deelarant hereby unconditionally and irrevocably
declares that the Property shall be held and subject to the following restrictions,
covenants and conditions as set out herein, to run with the subject real property and be
binding on all parties that have or shall have any right, title, or interest in said property.
ARTICLE I. PROHLBIT'l:D AND RESTPJCTM ACTIVMES
Any activity ON or use of, the Property inconsistent witb the purposes of this
Conservation Declaration is prohibited.. The Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair
or interfere with the conservation purposes of this Conservation Declaration set forth
above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Riatttrbanoo of Natural Features Any change disturbance, alteration or
impairment of the natural features of the. Property or any introduction of non-native
plants and/or animal species is prohibited.
B. Qonsiru-tion, There shall be no constructing or placing of any building, mobile
home, asphalt or concrete pavement, billboard or other advertising display, antenna,
utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent
structure or facility on or above the Property.
C. Industrial Commercial and Residential Use Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural G azim and Horticultural Usc Agricultural, grating, animal
husbandry, and horticultural use of the Property are prohibited.
E. a static Them shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property,
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property.
G. 5i¢naee. No signs shall be permitted on or over the Property, except the
posting of no trespassing siign% signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dim1WM or Ston& Trumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
02/14/2006 15:42 9102532726 BRUNSWICK COUNTY TAX PAGE 03
Irrst # 314556 Book 232%age: 547
1. Excavation. Dreddnz-m ineraal Use, There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.
J. Water Quality and Dr ' c Pattern There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
casement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is probibited.
IC Dive Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited
ARTICLE 11. ENFORCEMENT do REMEDIES
A. This Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. This covenant is to run with the land and shall be binding on all
parties and all persons claiming sunder the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the right,
with reasonable notice, to enter the Property at reasonable tunes for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the terms, conditions and restrictions of this Conservation
Declaration,
C. Nothing contained in this Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the
Conservation Property caused by third parties, resulting from causes beyond the
Declarant's control, including, without limitation, fire, flood, storm, and earth movement;
or from any prudent action taken in good faith by the Declarant under emergency
02/14/2006 15:42 9102532726 BRUNSWICK COUNTY TAX PAGE 04
Inst 1 314556 Book 2329Page: 598
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or
harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter
the Property for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TI'T'LE
A. Conservation Property Condition. 'The Declarant represents and acknowledges
that the Property is currently undeveloped land, with no improvements other than any
existing utility lines, Declarations and rights of way.
B. M. The Declarant covenants and represents that the Declarant is the sole
owner and is seized of the Property in fee simple and has good right to make the herein
Declaration; that there is legal access to the property, that the Property is free and clear of
any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation P mm, Declarant, for itself, its successors and assigns, agrees
that this Conservation Property shall be held exclusively for conservation purposes.
B. Entire A bernel*_ This instrument sets forth the entire agreement of the parties
with respect to the Conservation Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declaration. If
any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than.
those as to which it is found to be invalid, shall not be affected thereby.
C. eco . Declarant shall record this instrument and any amendment hereto in
timely fashion in the official records of Brunswick County, North Carolina, and may re-
record it at any time as may be required to preserve its rights.
D. Environmental ndition of onseryatian Prope. The Declarant warrants
and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no =vironmerital condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals,
02/14/2006 15:42 9102532726 BRUNSWICK COUNTY TAX PAGE 05
Inst # 314556 Book 2329Page: 599
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year
first above written.
CENTER HOMES
A Nevada General Partnership
By: Centex Real Estate Corporation, a Nevada
Corporation, the sole managing general
partner for Centex Homes, a Nevada
Crener Partnership
By:
Its: PIA1010 pE11YTtdt°ME.r1' tnxM'p$R
STA'T'E OF SOUTH CAROLINA
COUNTY OF HORRY
I, the undersigned Notary Public, certify that Grlri" 5 personally
came before me this day and aolmowledged that Ac is the Lgs d pw ,G1e, of
CENMX HOMES, a Nevada Corporation, and that wbe, asLo d D&,
being authorized to do so, oxecutcd the foregoing on behalf of the corporation.
WITNESS my hand and official stamp or seal, this the jot' da of o .•s
2005. YS..G
o:
Notary Public
My Commission Expires:
The foregoing certificates of is/me certified to be correct. This
instrument and this certificate are duty registered at the date and time and in the Book and
Page Shown on the first page hereof.
REGISTER OF DEEDS FOR
BRUNSWICK COUNTY
BY:
Deputy/Assistant-Register of Deeds
MYRTLEBEACH 82197V 1
"s--
7,--EeosY
stem
PROGRAM
April 15, 2008
Matthew Raines
Centex Real Estate Corporation
2050 Corporate Center Drive, Suite 200
Myrtle Beach, SC 29577 Expiration of Acceptance: October 15, 2008
Project: Beacon Townes at Carolina Shores County: Brunswick
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Lumber
03040206 Stream (feet)
. Wetlands (acres) Buffer I
(Sq. Ft.) Buffer 11
(Sq.'Ft.)
Cold Cool Warm Ri arian Non-Riparian Coastal Marsh
Impacts 0 0 0 0.20 0 0 0 0
Credits 0 0 0 0.40 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely, >}-
Willi D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Kimberly Garvey, USACE-'Wilmington
Chad Coburn, NCDWQ-Wilmington
Tammy M. Spivey, agent
File
R2St0{?l,GL9... LC ... ?f'OtP.GtGE2? our .1t-a&
WFA
NC©ENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC27699-16521919-715-0476/www.nceep.net
Basin Information Drainage Area
Total
Receiving Stream Name Persimmon
Swamp
Receiving Stream Class C
Drainage Area 27.1
Existing Impervious* 0
Area
Proposed Impervious* 9.46
Area
% Impervious* Area 35%
(total)
Impervious*
Surface Area
On-site Buildings 247,700 SF
On-site Asphalt 97,400 SF
On-site Parking 66,900 SF
Total: 412,000 SF
.. ??_ ,1.._.,,.., • ' as / p
• t
13?P r +f
4f
•
?r
,
?f `'l ?? r r r ' ep RM 41 tiT. d rf
Sly • • . Ri f,;
{
t
,
44
•
. i
48
• f
/f s (\
E • l,?.+.y.,'-._>. .. ?- ? ! 'fy ! ? • 3 fir; ? Yf ? ! ?? ' '\
• fff
, "-.? . / ?- _...--... ( ? r? • gy'p' + `-,t
•
•• . .., _ `?` { 5 • t. •?s r -_.'__,t,,,.,, * .... ?_ 1 s?..._.,i_ Tom'---...ra`..T__... _ _ _ .._ :a _` ? •?
47 IvOf
\:J (pp V
.. .. 4 r 4 i • .?
• 1
,f ? ?{ ? \.._?..,. 1_ '_.` {d . __._. fr ii_._ ? -;„?/- ; •?"'" •'L?"tF? 1-. I?iVi f •? •??-::;-.-..,. ?•i ?" ..-.??? • :,.>??i?"ir• •.• \ ? .
n * ?. _ _...
?'. ? \\?,?. - - ?d ,?.? ? 8 1 E A t ¢ ? ? `F i F• ?" ??' t .`.°x? •? '.='"'"rs=•_wwq.1 ,. w? ?'?"-` ' ? ? ? ? '.. _ ????# •'a _ ? ??1? ? y• "`??,
_-
• - Y
so ---""_
': ?' ,t 94 Vii' ! ?- •+ ?? , . i,. 5 ?lE}S t?% ,? .-_..,. 3 _ 5? ? ? ? J'?Jf
=1,'? _ fir' `38?' P `• "'k?` I {F?? w ??I;?,15?? ?(Ea t?'?_ r.f ,?. ??
r 'XV
• \./.??-._ '?.. '^? ?°. ? ? _- ..._ ' ?_•... ?, 4+. _ • •, ? i
+ 5,yll ? '? ? 5 ? ? 1...•t, _7: 1 ? ? ?P... ?*. ,` .•. ;{ I I i a k Y tJ
,. YCS--? -•, . .f?1? 'a=? , E.., ..!! .. , .?.r`.`?'? ,,.L :?'?'ter _1•. '. /. _ ?.... '? ? ' ..1 ?. ?. , . • ,
?7 NCB9 Nd1 `
wy GFNx
/\ N 66079.II] ]R i3? 2
t E 31.0013965
ea U 1.0000656 / y
3W OCEAN 1 ? Jo6
1
HYW WEST SITE
G/.h 1'w W
H
F
/r
NCOS MON / C AIS
?., ?a1 LE7p N APH I BOPI}
CF .000441554 PAUL J LONG
5
AW BRUNSWICK / 371/417 TOWN OF CAHULINA SHURES VICINITY MAP
9 W ! 1 1327/119 (NOT TO SCALE)
HEALTHCARE
ti PROPERTIES INV 34 84 `INV 34.54 MAP BK. 21, PAGE .591
a R/W 1382/375 m
R ARaINA
?Yf y MAP BK. 22 I ml? I R- RM x n SUN Y F cw-U ND.'P C
PAGE 549 .. MI1RST.S P PLAT PAS L-3727.
UNDER
18' CMP V rwd aeI OIN I ROM A WAS DRA SURY,NVELI Nr
/ ± N aenp7G' E 1377.A7
UNDER S 9IRDU FROM r MAD
AD
E
UNDER My BOOKS AND T.A (R) NAP MAP 1qN
! SHOWN S
LLn'RIAM N 81'48'31- C 1596! IN DEED ED
REFERENCED ON MIS MIS PLAT: I; THAT LINES N
ACTUALLY SAIRN;rEO APPEAR AS BRDIRN U
NFS
/gy'L ?SMH 26 AN0 ,WERE PLOTTED FROM INFORMATION AS NOTED
ON THE PLAY; THAT ME RATIO OF PRECISION AS
US ARMY CORPS OF ENONEERS / r? LB Q cA S2 ?? ?? " CAICUL ATED 01 LATINOS AND DEPARIURES WAS
GREATER MAN 1:10.000, OR INAI AREA IS
CERTIFICATION u LID
T5 1 DP .'.,EIEJO S /•SI,' COMPUTED By Y CCORDRIAI NCE MElk D;
THG. THAT MIS PLAT WAS
PREPARED
CERiRpS MAY MIS COPY OF THIS PLAT ACCURATELY DEPICTS THE (Try ua?/Il itI L ] l f ITV 34.424 F?12 AMP IF b • 38 t2'I l ? a? ro 4 MESSEu NDq GORO NµEAMiH Rl.?C SInO OU AuENOEU
WNDARIF OF UJRISOCIF UNDER SECTION 374 OF THE CLEAN WATER ACT L1 ' / '.. 5 Eyp / SEAL UNBEB AND SEAL N IS IHE_ / Dar O_/AI M/2[U
B 'N.D., /•°`
AS CORD BE DETERMINED BY USN THE 1987 MAHU- ALL AREAS WHICH 29.26 ACRES f Y/ ? INV 35 . 44 Y\ Y\ to v p L,O7P,
WOULD BE CO190ERf0 %ETLMOS U.N. THE I987 NANUAI ARE INCLUDED IINttuERE OF WtiLAx05 AREAL
AS MRAWS ON THIS / // ? // / 46 X I''9j?"o?uRNg _
PLAT. UNLESS THERE N9 A CHANGE N THE IAWOi
MR PUBLI"A4F0 REGULATIONS. MIS DEiFRYNARON OF RE UNITS GE ??.,
)r//) 2
EXCEED MAY BE HILTED UPON FDA A PERIOD NOT ID 1 (` - , IR p I I•''h R. BTOV,.'', MARIw R. 91WCMTW L-A11
MR PU A04 AIRISOSIIDH
SECTION
FIW. YEARS FROM MIS DATE. /_ // / //?? / / ? 29 SSM 1 u PROFESSIOxAI LAND SURE C RE
? // / / / O
THIS F Sun N;' 6 EF G PARCEL OR PARCELS
(x INV 34.54--r(./1??`L Cn?M 52 ,F Ff l ' EF NAND Alp ODE! N OT CRE CR"ATE A NEw STREET Oft
12(},'(mll? U CHANGE AN EASING STREET.
(11ME) rP// / u fUi UNABLE TO
/ / uu INV 3146 x
(DATE)' 2 L=D-'f e / S u+ CET INVERTS G
fv LT fJ _ Q
L
V1 'v
ATAC £ A-.O SOO ??I v 2-CP P OF ss ONAL LAND SURvET ?-nv?
u7 ue 1?1V 36.42
y f x
o CARULINn N JP SNORES DEV.
0?2 OWm STA, p5s 18"CMP53 1 SECTION ?
` MAP BOOK IS
m /^ o W2$ PAGE 53 CouN aF xIw1H ----A
ly or -- - J TP .•A Y ______?________- RENEW HE CER M CPI C A? /???!%%% ??•?j?/! -. / '/ ??a`;? 54 ?\ xrili»lioii µo eEUirlTHE u.a>RAl lTO wncHa NI
0 Rq \ NHS LEROCADUN IS AT FIRED MEETS THE
51AIUIORY REQUIREMENTS FOR RECORDING.
\ R \ -
It ROOC Tt s / Y z? ? V? \ n Ernci4 -
INV 40,44 1 . n'y W x` iT °" %i 28
RS' r 3.46 ACRES ?15UIRIIY'
I 40.31 FICLUBP,E OF WETLANDS NiCA) t80 // ' EASEMENT '
29.26 ACRES t \ T.L -Ut (INCLUSIVE O YEILANOS AREA) \ tir flpWN UN Mn5 Pul
IN 40.57 EXISTING' CAROLINA SHORES Y E H? L i s ED FL of L n s"'YAiE I.- 1Y
- I A, ALL -U
HOME ON '?b ' PROPERTM; ASSOCIATES._. GN ' 1 AcI .w DLYn
1
,B°CMP THIS TRACT V PTC. 502/471
IN40.22
?ST ACCESS 1?JO. L, " '2-vl?,0EB
MpNU?SOxPo A?"ST?/SDx) ?: \ / /+ 16 26 \ ! I
LINE TABLE LINE TABLE
T_ _U T_ DURICHON UENII
RAC.xn ` 'G ?// InvAW 25 PGE??I" LINE DIRECTION LENGTH
11`V IopT LP.. u. / '??? s 3o'sn e E' E 5 35.23 L
L2 N 84-311'35' W 49 16 -I-3D N 48** 5'57' W
L' SSMH `ILM'NMR,A L5 S Z2MB 32' E 2154 _L42 __5_n-34'47- 4!.!
/ T N0 INV 34.31 US S 26 'S6-22- E 17.79 L43 __ N 33 05'42" E !6!
DUMPSTER CP 24 1
'T PAD E13 i j OM / I
LID N 75-35-511- W - r47 '54-2f
co
UL
Ell i INV 34.95 19
CALABASH "PARTNERS LLC MNIWAMA , , i i - I CAROLINA SHORES DEV. I L121 S 75'W49- W 2-3-47 Al 4.18'J.- El 34A 53.32 L50 25 L51
1274/634 s »xooo' l W s ?/ ?.Tr rA`'3A SECTION 3-C REV.
MAP AGER 139 uAR'dAA RCP / s UTILITY EASEMENT
3-2.72 7] 34.D3 L54
bpi "? 1 i6 I PMAP AGE654K IS -TP
P
DI HONENF 1
' u INV 35.95 POD f./ 5 \ 17 1
10137.5' DRAINAGE G N »'24'09' E L
m EA M 705 O/1'PM .62 75.10 18 A 1?
T ' ?? \ Y
CALABASH PARTNERS LLC IB"RCP SSM 15
TNN / 1349/727 \ / / RIB j / \
'
/S ffR S C / MAP BK.22 14 60
/ TA.lgaxljOry PAGE 1730 RVWauH \ \ / R OP\J/ / /
7q ,ea/B A 13 \ / Y ?P
r 1 V'? ,? ?I v \ 12
SCALE: I" = 100'
0 50 100 100 ]00
LEOENP
TP TELEPHONE PEDEESTAL
CP CABLE PEDESTAL
SSMH SANITARY SEWER MANHOLE
5.5 SPOT ELEVATI
01 DROP INLET
OFS OUTFALL STRUCTURE
CD CLEAN-OUT
E9 ELECTRIC Box
EA LAMP POST
R/W RIGHT OF WAY
pAIE 5 BU NLUx ?pu 5 R UR - R?E E
?
QQ

REFERENCES:
CIE CD Bpd Iee. PACE 11,
DEED BOON 1299. PAGE 1052
AP CAB. W, PAGE 2»
UEED BDgc Sp2. PAC[ • )I
DEED BOON A-71. PAC[ 358 (ELECTR

C EASEMENII
NOTES
MIS PROPERTY IS SUBJELI 10 AN1 AND ALL EASEMENTS. COHNANIS, RESTRICTIONS.
IUCHT-O-WHITS O RECORD. COVER ENTAL ORDINANCES AND / OR RE( IREYENTS NHCH
EXIST AND Uwl TIE USE OF THIS PROPERTY
HOIZDNIAL CR ML DISIANCES
PROPERTY IS INUI IN A FLOOD HAZARD AREA
FOR TIE LINE WFORMAUON SEE MAP CAR W, PAGE 269
ALSO SEE MAP CAB W, PACE 2B9 FOR TIE 10 NC OHIO SYSTEM
PROPERTY IS IN CAROLINA SNORES ETJ
1 ?
? ?\ r r
? ? r r
? ? r t

i
1
ROADWAY & UTILITY
CROSSING -

v 1VI?KIM&CREED
243 North Front Street
Wilmington, North Carolina 28401
Phone: [phone] , Fax: [phone]
AAD002667 EBOD06691
www.mckimcreed.com
US HWY 17

MAY2o2
8
sAHD$?JN 1Ai~RCIUA(j'Y
1 D STORMWATE S
RrL'y%.
200' 0 200' 400'
SCALE: 1"=200' (Horiz.)

CENTEX HOMES
MYRTLE BEACH DIVISION
2050 CORPORATE CENTRE DRIVE, SUITE 200
MYRTLE BEACH, SOUTH CAROLINA
[phone] [phone](fax)
\;
55=00
i OCEAN
HWY WEST
(r
-' a NC,
SC
VICINITY MAP
SITE

7
1\ u
`•-
STORMWATER
TREATMENT
-? x-ax---
-------------------- Z
Beacon Townes
at
Carolina Shores
Nationwide Permit 29
Roadway & Utility Crossing
Site Layout
DATE: April 2008
MCE PROJ. # 4079-0006
DRAWN
DESIGNED
CHECKED
PROJ. MGR.
dkC FILE NUMBER
SCALE
HORIZONTAL: DRAVANC NUMBER
1"=200'
VERTICAL: E
AS SHOWN
RE` SON
STATUS: Preliminary Design
Z
J?
0 43+ 00
fN
0
CD
�
00
c
t
d7 (n
N UO cn
U)
Q)
Q)
U)
i
l�,
O
LLJ�
c
z
n O
+,0
LO
0
E
Q
O
o
c
0.-
m
�
-)iJ
f
e
N
L.I
Z 0
C7
W
r)
w
O
W
U
�
Q
E
L�
N
Ln
vJ
N
U
ON
N
_
X
W W>�
i
o €
�
Q..
z
W
O
Q
E
L
QQ
o
W
U
N
f
Li CL O
Q—J
U)
N
of
>
_
�
U
W
>
O
Q
Z
€
i
O
->LO
0 43+ 00
fN
0
I
I
co
CD
�
00
c
t
d7 (n
N UO cn
U)
Q)
Q)
U)
i
l�,
O
W
O
z
n O
+,0
�
0
E
-p
3�'�
O
o
c
0.-
m
�
-)iJ
f
e
Y
L.I
Z 0
C7
W
E
w
O
(J-)
U
�
E
L�
........... -.......... o ........... _ .... __ _ _ -
E
M._..__.O _..__.._-------------------¢--•---..._.._..._........._.._..._._
i
U
ON
N
_
X
W W>�
i
o €
�
'7 Z-
E
I
W
O
U
E
L
QQ
o
W
U
N
f
Li CL O
Q—J
Q
N
of
>
_
�
0
O
W
>
O
D
Z
€
i
O
->LO
U
O
..� a _
E
..... _...............
L7a i�l__ __ _._____.___ . __
_ _ __
c
- ..____.._..
...................
_,
�J
I �
o
z
E CJ Y
U) N
�
C7 U
>
Q O
>
II
X
`
W
W0
f1
E
E c
U
c
.o
aoo�6 6 lu•, rlslxa OR Zr
..............•--•••---•-•-•
•-----
�
---------------`••.
-•-•......_.._..........
o
=
apoa�ignS — 2 -b'0 -b
i
-
f
Q
i
@
i
Ln U
e
�
m
N
-o cn
€
�
I
•°'
.......... O ...........
.__......�
f
•-••-•_ O .............................. EE ..........-............ .._..._
O�c
(n
N
U U
0
€
ro
U 0
E
m
j
>
-ia
E
O
E
I
E
�
I
I
co
CD
�
00
c
z
d7 (n
N UO cn
U)
Q)
Q)
U)
i
l�,
O
W
O
z
n O
+,0
co
0
O Q Z N
-p
3�'�
O
o
c
0.-
m
U
-)iJ
Xco
w
Y
L.I
Z 0
W
O
w
O
(J-)
U
J M
L�
0 ry
cn
U
ON
N
0
W W>�
O
N
'7 Z-
O
U
00
L
QQ
W
W
U
N
U
Cf)
Li CL O
Q—J
Q
N
of
>
_
�
0
O
W
>
O
D
Z
N
I
O
7<
U
O
..� a _
LL .y WO 1
CD
00
O
'
�J
o
z
E CJ Y
I
�
C7 U
>
a
>
N
X
W
W0
W m
NI
rq
C
-i
N
W
a Q
J z 0 0
UON a: P
N 0 Q > ¢
x
mm
oO
N O
'c m
¢ o
0 00�
a v Ir w= W
0
c
rn
N
O
E
Gi
a
CD
�
00
c
z
d7 (n
N UO cn
U)
Q)
Q)
U)
c
ft, L-
- U o
l�,
O
W
s
O
n O
+,0
co
2E
O Q Z N
-p
3�'�
O
o
c
0.-
m
C
-i
N
W
a Q
J z 0 0
UON a: P
N 0 Q > ¢
x
mm
oO
N O
'c m
¢ o
0 00�
a v Ir w= W
0
c
rn
N
O
E
Gi
a
�
c
d7 (n
N UO cn
U)
Q)
Q)
U)
c
ft, L-
- U o
C:
O
W
s
O
n O
+,0
co
2E
O Q Z N
-p
3�'�
O
o
c
0.-
m
U
-)iJ
Xco
7LLJ z
Y
L.I
Z 0
W
O
w
�oW0,
U
J M
CO
0 'IT
0 ry
�
'W>
W W>�
O
N
'7 Z-
Ej 7
Q
m(n�mmm
I z
W
Li CL O
O.�
Of
>
_
LLJ
I p�
W
Z
O
7<
U
m O _E E m.\ -D �-
..� a _
LL .y WO 1
CD
00
O
'
C/)
\
.-�
->
E CJ Y
C7 U
>
a
>
N
o Q
W m
C
-i
N
W
a Q
J z 0 0
UON a: P
N 0 Q > ¢
x
mm
oO
N O
'c m
¢ o
0 00�
a v Ir w= W
0
c
rn
N
O
E
Gi
a
r
�
c
d7 (n
N UO cn
U)
Q)
Q)
U)
c
ft, L-
- U o
C:
O
E t -
O
I—
O
n O
+,0
co
2E
C
0
-p
3�'�
O
o
c
0.-
m
U
W
Xco
Q
0-0
L.I
Z 0
W
O
w
�oW0,
r
�
O
O
N
I— Q X
co
O
U) O
W�%

,
SHADED ,AREA DENOTES
PROPOS50 0.2 ACRES OF ROAD
FILL, ARMORED WITH, FILTER
FABRIC AND RIP-RAR
,

WATER LINE
-V GRAVITY SEWER LINE
24" CLA S S RCP
II
I1

3' SHOULDERI 2'
3:1 SLOPE TO GRADE
2 @ 24" FES j
12'
10'
12'
RIPRAP OUTLET PAD
12' X 6' X 22"
" (NCDOT CLASS-B) ,o

__ I r

10' 0 10' 20'
SCALE: 1"=10' (Horiz.),H„
EDGE OF PAVEMENT
BAC` OF CURB
-SLOPE 1/4" PER FOOT FROM SHOULDER
INTO CURB AND GUTTER
SECURE FILTER FABRIC WITH EROSION CONTROL
2' STAPLES OVER THE COMPLETE LENGTH OF THE
ROADWAY SHOULDERS IN WETLAND AREA. PLACE
12" MIN. OF RIP-RAP ON FILTER FABRIC.
2 @ 24" FES
22" CLASS I RIP-RAP
1/4' PER FT. 1/4' PER FT. /
- CURB AND GUTTER 2' CURB AND GUTTER
SEE SHEET 4 FOR DETAILS SEE SHEET 4 FOR DETAILS 1
DUAL 24" CLASS 5 PIPES WITH FES ON EACH END
24 SEASONAL HIGH GROUND WATER V
0.5'
RIPRAP INLET PAD V
12' X 6' X 22" (NCDOT CLASS-B) TENSAR - GEOGRID (BX1100)
SEE SHEET 4
TWO FEET OF #57 STONE UNDER
CULVERT CROSSING. PLACE TENSAR BENEATH
STONE ON CULVERT CROSSING AND AT EXISTING
GRADE FOR ROADWAY SECTION
v&CREED
243 North Front Street
Wilmington, North Carolina 28401
Phone: [phone] , Fax: [phone]
AA0002557 EB0006691
www.mckimcreed.com
PROPOSED ROADWAY CROSSIN
@ 2 - 24" CLASS V RCP
CENTEX HOMES
MYRTLE BEACH DIVISION
2050 CORPORATE CENTRE DRIVE, SUITE 200
MYRTLE BEACH, SOUTH CAROLINA
[phone] [phone](fax)
TENSAR - GEOGRID (UX1100HS)
ELEV. = 37.20'
2' (_-
RIPRAP OUTLET PAD
12'X6'X22"
-ELEV. = 35.00' (NCp.Q??S
MAY 2 0 2008
0ENR `Mf&,P QUAU a
WE'] ANDS ANC; ST.ORWYMATER BRAN`"'
Beacon Townes
at
Carolina Shores
Nationwide Permit 29
Roadway & Utility Crossing
Proposed Replacement
DATE: April 2008
MCE PROJ. N 4079-0006
DRAWN
DESIGNED
CHECKED
PROJ. MGR.
ukD FlU NUMBER
SCALE
HORIZONTAL DRAWING NUMBER
AS SHOWN
VERTICAL: E3
AS SHOWN
STATUS: REVISION
Preliminary Design
AI A71 In AI /`n AhC
i
III IIIII? .
Length = 12.0 ft.
Width = 6.0 ft.
Stone diameter = 6 in.
Thickness = 22 in.
s'
NOTE: MINIMUM H=2/3 LHILIC vF nuuN Inoni?
PIPE DIAMETER
SECTION B-B
RIP RAP
1' MINIMUM OF COVER
2 @ 24" CLASS V RCP 1"
2'-7?
COMPACTED FILL
FLOWABLE FILL
1000 PSI CONCRETE
NUMBER 57 STONE
TENSAR GEOGRID (BX-1100)
I I 111-III III I -I I I 1 I I =_I I I=1 I
=1 =1 I ICI =? I =11?? =1 -
10'
TENSAR GEOGRID (UX-1100HS)
2'-10"
-ELEV. = 38.33'
1'-4"
EV. = 35.00'
EXISTING SUBGRADE
PROPOSED CULVERT CROSS SECTION
v NI KA4&CREED
243 North Front Street
Wilmington, North Carolina 28401
Phone: [phone] , Fox: [phone]
AA0002667 ES0006691
www.mckimcreed.com
CENTEX HOMES
MYRTLE BEACH DIVISION
2050 CORPORATE CENTRE DRIVE, SUITE 200
MYRTLE BEACH, SOUTH CAROLINA
[phone] [phone](fax)
Beacon Townes
at
Carolina Shores
Nationwide Permit 29
Roadway & Utility Crossing
Details
DATE: April 2006
MCE PROJ. k 4079-0008
DRAWN
DESIGNED
CHECKED
PROJ. MGR.
,?D 1-g_zj'v
a Ei
MAY 2 0 2008,
DFNR `WERi jJAU71,
WETLANDS AND STORMWATER 81,M f;
MkC FlLE NUMBER
SCALE
HORIZONTAL DRAWNG NUMBER
NA
VERTICAL: E4
NA
STATUS: REMSION
Preliminary Design
2'
Outlet pipe diameter 24 in.
Outlet flowrate 26.1 cfs
Outlet velocity 8.3 ft/sec
Material= Class B
, ASPHALT PAVEMENT
ABC SUB-GRADE
I::::.
- ---- - - - ------
-- _
e' .....----
r 37.2.0 J I! -
ELEV. = 37.00'
CN
?? ? - 000
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
Action ID: 200501275 County: Brunswick USGS Quad: Calabash
GENERAL PERK HT (REGIONAL AND NATIONWIDE) VERIFICATION
Nationwide Permit 14
Property owner: Centex Real Estate Corporation
Myrtle Beach Division
2050 Corporate Centre Drive
Myrtle Beach, SC 29577
Project consultant: Kelly Dyer
McKim and Creed, PA
243 N. Front Street
Wilmington, NC 28401
4b
Property: The property is a 32.71-acre vacant tract off US 17 near Thomasboro Road, Carolina Shores,
Brunswick County, North Carolina. The project is named Beacon Townes at Carolina Shores and is
under development as a residential housing subdivision. The site is adjacent to Persimmon Canal, which
is classified and regulated as a water of the United States.
Description of Activity: The proposed project consists of the discharge of fill in 0.14 acres of freshwater
wetland for construction of a road and utility crossing associated with a multifamily residential complex.
The work shall be performed in accordance with the specifications and conditions outlined in Nationwide
Permit 14 (see attachment 1) and with with attached drawings. Compensatory mitigaton for the loss of
waters of the U.S. shall consist of a combination of offsite wetland replacement (in-lieu-fee program) and
onsite wetland preservation as described in the special conditions of this letter.
Applicable Law: XX?Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above-referenced permit provided the work is accomplished in strict
accordance with the attached conditions and plans. Violations of the attached conditions or deviation from
your submitted plans may subject the permittee to a stop work order, a restoration order, or appropriate
legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to
remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued.
Furthermore, if you commence or are under contract to commence this activity before the date that the
relevant nationwide permit is modified or revoked, you will have 12 months from the date of the
modification or revocation of the NWP to complete the activity under the present terms and conditions of
Page 1 of 3
this nationwide permit. If prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date
identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case
specific activity's authorization under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water
Quality Certification. You should contact the NC Division of Water Quality (telephone [phone])
to determine Section 401 requirements. This Department of the Army verification does not relieve the
permittee of the responsibility to obtain any other required Federal, State or local approvals/permits.
For activities occurring within the 20 coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management. If there are any questions regarding this verification, any of the conditions of the Permit, or
the Corps of Engineers regulatory program, please contact Thomas Farrell at 910.251.4466.
Corps Regulatory Official Date: December 13, 2005
Expiration Date of VerificationMarch 18, 2007
General and Regional Conditions
The general and regional conditions for nationwide permits are included in Attachment 1. General and
regional conditions must be followed for a nationwide permit to be valid.
Special Conditions
1. Compensatory Mitigation.
A. In-lieu fee component.
(1) The permittee shall pay to the North Carolina Ecosystem Enhancement Program (NC EEP)
the amount NC EEP determines is sufficient to restore 0.14 acres of riparian wetland habitat in
the Lumber River Basin (Hydrologic Unit 03040206) Cataloging Unit. The authorized work
shall not begin until the permittee has made full payment to the NC EEP and has provided a
copy of the receipt to the Corps of Engineers, Wilmington Regulatory Office. This requirement
ensures compliance with the memorandum of understanding between the North Carolina
Department of Environment and Natural Resources and the United States Army Corps of
Engineers, Wilmington District, dated November 4, 1998.
B. Preservation component.
(1) The permittee shall maintain the preservation area described below in their natural
condition, in perpetuity. The area of preservation shall be the wetlands shown in attachment 2
of this letter. The Permittee is prohibited from performing any of the following activities on the
preservation property: Filling; grading; excavating; earth movement of any kind; construction
of roads, walkways, buildings, signs, or any other structure; any activity that may alter the
drainage patterns on the property; the destruction, mowing, or other alteration of vegetation on
Page 2 of 3
the property; disposal or storage of any garbage, trash, or other waste material; or any other
activity which would result in the wetlands being adversely impacted or destroyed.
(2) The permittee shall not sell or otherwise convey any interest in the preservation property to
any third party without 10 days prior written notification to Wilmington District Corps of
Engineers in writing. Notification shall reference permit Action ID No. 200501275. See special
condition 2 for the Wilmington District's present address.
(3) Any sale, lease, or other conveyance of the preservation property shall include restrictions
on the use of the property described in condition 1B(1) above, which conditions shall be
enforced by the permittee. Such restrictions shall include language providing for third party
enforcement rights in favor of the Corps of Engineers. Such restrictions must be approved prior
to conveyance by the Corps of Engineers.
(4) Permittee shall execute and cause to be recorded in the Brunswick County Register of
Deeds a Declaration of Restrictions or Restrictive Covenant acceptable to the Corps of
Engineers for the purpose of maintaining the preservation open area as shown in Attachment 2
of this letter in their natural state in perpetuity, within 30 days of issuance of this permit.
Permittee shall provide a copy of the recorded preservation document and plat to the Corps of
Engineers within 30 days of recordation. Upon recordation of the preservation document, the
requirements of conditions 1B(2) and (3) will be considered satisfied with respect to the
preservation area protected by that document. Note: See attachment 5 for a model conservation
declaration. To comply with this condition, it will be necessary to rescind and replace the
Wetland Restrictions document that was recorded with the Brunswick County Register of
Deeds on October 20, 2005 on behalf of the Permittee. We recommend that the permittee
review this material with his legal representative. .
2. Certification of Compliance. In accordance with the Nationwide Permit general conditions, the
permittee shall submit a certification of compliance to the Corps of Engineers. Upon completion of
construction, the compliance notification form shall be sent to the U.S. Army Corps of Engineers,
Wilmington Regulatory Field Office, P.O. Box 1890, Wilmington, NC 28402-1890. The form is
attachment 4 of this document.
Attachments
Attachment 1: Nationwide Permit 14 plus General and Regional Conditions. (21 pages)
Attachment 2: Project drawing. (1 page)
Attachment 3: Vicinity Map. (1 page)
Attachment 4: Certification of Compliance. (1 page)
Attachment 5: Model Declaration of Covenants. (4 pages)
cc: Noelle, Lutheran, NCDENR, Wilmington
Page 3 of 3
Wq7-,9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O North Carolina Department of Environment and Natural Resources
>. --4 Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
November 10, 2005
Jim Green
_ Centex Real Estate Corporation, Myrtle Beach Division
2050 Corporate Centre Drive
Suite 200
Myrtle Beach, SC 29577
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Beacon Townes at Carolina Shores S/D
DWQ Project # 051717
Brunswick County
Dear '1&. Green:
You have our approval, in accordance with the attached conditions (WQC # 3404) to conduct the
following activity located on your 32.71 acre site near the intersection of US. 17 and Thomasboro Road
(SR 1168) located in Carolina Shores, Brunswick County. This approval allows you to:
I_ Fill 0.08 acre of 404/401 wetlands within the 32.71 acre site for a road crossing and includes the
slopes for the fill.
This approval is only valid for the purpose and design that you described in you Pre-Construction
Notification (PCN) after-the-fact application received as complete by the Division of Water Quality
(DWQ) in the Wilmington Regional Office on September 15, 2005 and additional information received
November 9, 2005. After reviewing your application, we have determined. that General Water Quality
Certification Number 3404 covers this activity. This Certification can also be found on line at:
http://h2o.enr:state.nc.us/ncwetlands/certs:html. This Certification (#3404) allows you to use your 404
Permit when the Corps of Engineers issues it. Please keep in mind that there may be additional Federal,
State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations, NPDES Stormwater and Coastal
Stormwater. In addition, this approval will expire when the accompanying 404 Permit expires
unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. If the
property is.sold, the new owner must be given a copy of the Certification and approval letter and is
thereby responsible for complying with all conditions. If total %vetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification
and the additional conditions listed on the following page:
N. C. Division of Water Quality 127 Cardinal Drive Extension (91 D) 796-7215 Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]??y, 7
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper T 1 ? of 1h-`('aro ina
r ?
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
May 5, 2006
LETTER OF APPROVAL WITH MODIFICATIONS AND
PERFORMANCE RESERVATIONS
Centex Homes
Mr. Mike Wyatt, Division Mgr.
2050 Corporate Center Drive, Ste. 200
Myrtle Beach, SC 29577
RE: Project Name: The Beacon Townes @ Carolina Shores Acres Approved: 22
Project ID: Bruns-2005-335
County/Town/Street: Brunswick, Hwy. 17
River Basin: Lumber
Submitted By: McKim & Creed
Date Received by LQS: April 28, 2006
Plan Type: REVISED
Dear Mr. Wyatt:
This office has reviewed the subject erosion and sedimentation control plan and hereby
issues this Letter of Approval with Modifications and Performance Reservations. A list of the
modifications and reservations is attached. This plan approval shall expire three (3) years
following the date of approval, if no land-disturbing activity has been undertaken, as is required
by Title 15A NCAC 4B .0129. Should the plan not perform adequately, a revised plan will be
required (G. S. 113A-54.1)(b).
Please be advised that Title 15A NCAC 4B.01 18(a) requires that a copy of the approved
erosion control plan be on file at the job site. Also, you should consider this letter to give the
Notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance
with the approved plan.
North Carolina's Sedimentation Pollution Control Program is performance-oriented,
requiring protection of existing natural resources and adjoining properties. If, following the
commencement of this project, it is determined that the erosion and sedimentation control plan is
inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statute 113A-51 thru 66), this office may require revisions to the plan and
implementation of the revisions to insure compliance with the Act.

Wilmington Regional Office
.127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 - Phone: [phone] I FAX: [phone]
Letter of Approval with Mo,,?,cations and Performance Reservation:,
Mr. Mike Wyatt
May 5, 2006
Page 2 of 4
Acceptance and approval of this plan is conditioned upon your compliance with Federal
and State water quality laws, regulations, and rules. In addition, local city or county ordinances
or rules may also apply to this land-disturbing activity. This approval does not supersede any
other permit or approval.
Please be aware that your project will be covered by the enclosed NPDES General
Stormwater Permit NCGO1000 (Construction Activities). You should first become familiar with
all of the requirements for compliance with the enclosed general permit.
Please note that this approval is based in part on the accuracy of the information provided
in the Financial Responsibility Form, which you have provided. You are requested to file an
amended form if there is any change in the information included on the form. In addition, it
would be helpful if you notify this office of the proposed starting date for this project. Please
notify us if you plan to have a preconstruction conference.
Your cooperation is appreciated.
Sincerely,
Chastity Clark
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
Modifications and Performance Reservations
NPDES Permit
cc: Tim Clinkscales, PE, McKim & Creed
LQS-WiRO
Letter of Approval with tv,,,difications and Performance Reservatiw.,;
Mr. Mike Wyatt
May 5, 2006
Page 3 of 4
MODIFICATIONS AND PERFORMANCE RESERVATIONS
Project Name: The Beacon Townes (d) Carolina Shores
Project ID: Bruns-2005-335
County: Brunswick
1. This plan approval shall expire three (3) years following the date of approval, if no land
disturbing activity has been undertaken, as is required by Title 15A NCAC 4B.0029.
2. The developer is responsible for the control of sediment on-site. If the approved erosion and
sedimentation control measures prove insufficient, the developer must take those additional steps
necessary to stop sediment from leaving this site. Each sediment storage device must be
inspected after each storm event. Maintenance and/or clean out is necessary anytime the device
is at 50% capacity.
3. Any and all existing ditches on this project site are assumed to be left undisturbed by the
proposed development unless otherwise noted. The removal of vegetation within any existing
ditch or channel is prohibited unless the ditch or channel is to be regraded with side slopes of 2
horizontal to 1 vertical or less steep. Bank slopes may be mowed, but stripping of vegetation is
considered new earthwork and is subject to the same erosion control requirements as new
ditches.
4. The developer is responsible for obtaining any and all permits and approvals necessary for the
development of this project prior to the commencement of this land disturbing activity. This
could include agencies such as the Division of Water Quality's stormwater regulations, their
enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of
Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal
Management's CAMA requirements, the Division of Solid Waste Management's landfill
regulations, the Environmental Protection Agency and/or The U.S. Army Corps of Engineers
jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that
may be required. This approval cannot supersede any other permit or approval; however, in the
case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to
wetland areas. All highland would still have to be in compliance with the N.C. Sedimentation
Pollution Control Act.
5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the
developer is responsible for compliance with the requirements of the Division of Water Quality,
the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any
erosion control measures that fall within jurisdictional wetland areas must be approved by the
aforementioned agencies prior to installation. The Land Quality Section must be notified of a
relocation of the measures in question to the transition point between the wetlands and the
uplands to assure that the migration of sediment will not occur. If that relocation presents a
problem or contradicts any requirements of either DWQ, the Corps, or the EPA, it is the
responsibility of the developer to inform the Land Quality Section regional office so that an
Letter of Approval with Mo;: ,.ications and Performance Reservation
Mr. Mike Wyatt
May 5, 2006
Page 4 of 4
adequate contingency plan can be made to assure sufficient erosion control remains on site.
Failure to do so will be considered a violation of this approval.
6. Any borrow material brought onto this site must be from a legally operated mine or other
approved source. A single use borrow site or an area to waste material is only permissible if it is
operated under the total control of the Financially Responsible person or firm who is developing
this site and has been separately permitted and incorporated as part of this plan meeting all the
requirements of NC General Statue 74-49(7)f.
7. This permit allows for a land disturbance, as called for on the application plan, not to exceed
22 acres. Exceeding that acreage will be a violation of this permit and would require a revised
plan and additional application fee. Any addition in impervious surface, over that already noted
on the approved plan, would also require a revised plan to verify the appropriateness of the
erosion control measures and stormwater retention measures.
8. The construction detail for the proposed silt fence requires reinforcing wire and posts a
maximum of 10 feet apart. Omission of the reinforcing wire is a construction change that
necessitates more posts for support, i.e., the spacing distance needs to be reduced to no greater
than 6 feet apart.
9. Because the sediment retention pond is shown on the plan as the primary sedimentation and
erosion control device on this project, it is necessary that the pond and its collection system be
installed before any other grading takes place on site. If that proves to be impractical, a revised
plan must be submitted and approved that addresses erosion and sediment control needs during
the interim period until the pond is fully functioning.
10. A graveled construction entrance must be located at each point of access and egress available to
construction vehicles during the grading and construction phases of this project. Access and
egress from the project site at a point without a graveled entrance will be considered a violation
of this approval. Routine maintenance of the entrances is critical.
D. . The North Carolina Sedimentation Pollution Control Act mandates a shortened time frame in
which to re-establish vegetative groundcover. Slopes (including cuts, fills, and ditch banks) left
exposed will, within 21 calendar days after completion of any phase of grading, be planted or
otherwise provided with groundcover sufficient to permanently restrain erosion.
. O=GF W A r?'?OG
r
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 1, 2005
Mr. Mike Wyatt, Division President
Centex Real Estate Corporation
#-Myrtle Beach Division
2050 Corporate Centre Drive, Suite 200
Myrtle Beach, SC 29577
Subject: Stormwater Permit No. SW8 050513
Beacon Townes at Carolina Shores
High Density Project
Brunswick County
Dear Mr. Wyatt: °F
The Wilmington Regional Office received s complete Stormwater Management Permit
Application for Beacon Townes at Carolina Shores on May 23, 2005. Staff review of the plans
and specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit. No.
SW8 050513 dated June 1, 2005, for the construction of the subject project.
This permit shall be effective from the date of issuance until.June 1, 2015, and shall be subject
to the conditions and limitations as specified therein. Please pay special attention to the
Operation and Maintenance requirements. in this permit. Failure to establish an- adequate
system for operation and maintenance of the stormwater management system will result iri.
future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 2761.1-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need.. additional information conceming.this.rr-tatter; please - -
contact Paul Bartlett, or me at (910) 796=7215.
Sincer y, fJ
0
E? a eck
dB
Regional Supervisor
Surface Water Protection Section
ENBlptb: S:\WQS\STORMWATER\PERMIT\050513
cc: McKim & Creed PA
Delaney Aycock, Brunswick County Building Inspections
Division of Coastal Management
Paul T. Bartlett-, P.E:
W€lm!Hgton Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877.523-5748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Intemet h2oanr.state nc us One
NorthCarolina
An EoualOpportunitylAffirmativeAction Emolover-50%RecvrlRdl1(}%Pner('nntnm.,D-.
Ecosysteml
PROGRAM
November 7, 2005
Kelly Dyer
McKim & Creed
243 North Front Street
Wilmington, NC 28401
Project: Beacon Townes @ Carolina Shores County: Brunswick
,r
i
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Lumber 0.14 0 0 0 0 0 0 0
03040206
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
S' cerely,
Wf am D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Tom Farrell, USACE - Wilmington
Noelle Lutheran, DWQ Regional Office - Wilmington
File
R.storrgg... EKAaoc1t'ktg... Prot"' Oar Stag
A??
NC®ENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net