HomeMy WebLinkAbout20090284 Ver 2_401 Application_20130713Southern Environmental Group, Inc.
5315 South College load, Suite I_ • Wilmington, North Carolina 28412
91 0.452.2711 • Fax. 91 0.452.2899 • www.segi.us
23 July 2013
Hand Delivery
Ms. Emily Hughes
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
Mr. Chad Coburn
NC Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Request for DA Authorization — NWP 14
Proposed Country Walk Subdivision Road Crossing
USACE AID #: SAW- 2007 -00295
DWQ Project #: 09 -0284
Dear Emily and Emily,
Oq -c�ag4 U a-
SEGi Project #: 06- 200.01
a�¢oma
JUL 3 0 2013
Southern Environmental Group, Inc. (SEGi) is working on behalf of Soy Bean, LLC ( "Applicant ") to pursue a
Nationwide Permit 14, which will authorize the permanent discharge of fill material into 0.0094 acre of 404
jurisdictional, riparian wetlands. The proposed impact will facilitate the construction of a main arterial road
(Morris Blvd.), within the proposed Country Walk Subdivision.
In 2009, the Applicant secured a Nationwide Permit 29 to permanently impact 0.121 acre of riparian wetlands.
Division of Water Quality 401 written concurrence was not required, at that time. Unfortunately, all the
impacts, specifically Impact Area 1, were not completed, which prompted this request for DoA and DWQ
approval. As a condition of the previously issued permit, the Applicant was to make payment to the NCEEP for
0.25 acre of riparian wetland restoration credit, as well as place all remaining wetlands under strict preservation.
These conditions were fulfilled, and for that reason, the Applicant is not proposing compensatory mitigation for
the proposed impact.
With regard to the unauthorized impact you observed while on the site with the Applicant, the area will be
restored back to its original grade and contour and stabilized, and the culvert missing from Impact Area 2 will
be installed. Photos will be submitted to the USACE upon completion.
In summary, the Applicant is seeking DoA authorization, in the form of a Nationwide Permit 14, to
permanently impact 0.0094 acre of riparian wetlands, within the proposed Country Walk Subdivision. The fill
is necessary to facilitate the construction of Morris Blvd. SEGi feels the project, as proposed, meets the general
and regional conditions of the NWP 14. However, should you have questions or concerns, please feel free to
contact our office at 910.452.2711.
Soutkern Environmental Group, Inc.
5515 South College Road, juite E . Wilmington, North Carolina 28 +12
910.+52.2711 • Fax 910. +52.2899 • www.segi.us
As always, thank you for your both time and assistance with this project. We look forward to hearing from you.
Sincerely,
—D, 'Voi&:::�,
Dana A. Lutheran
Project Manager
Enol?sures :� Attachment 1 — Pre - Construction Notification and Accompanying Appendices
C , Karen Higgens — DWQ 401 Oversight (4 copies + filing fee)
Attachment 1
o�°� �ATF9pG
1 I
I I
o <
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information
1.Processing
1a. Type(s) of approval sought from the Corps:
® Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: NA
1 c. Has the NWP or GP number been verified by the Corps? ) L -
® Yes ❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply): NA
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record because
written approval is not required?
For the record only for DWQ 401
Certification:
® Yes ❑ No
For the record only for Corps
Permit:
❑Yes No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of
impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program.
® Yes ❑ No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below.
® Yes ❑ No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2.12roject Information
2a. Name of project:
Country Walk — Bell Swamp 'Tract
2b. County:
Brunswick ( #10)
2c. Nearest municipality / town:
Bolivia
2d. Subdivision name:
Country Walk Subdivision
2e. NCDOT only, T.I.P. or state project no:
NA
3. Owner Information
3a. Name(s) on Recorded Deed:
Soy Bean, LLC (see Appendix A)
3b. Deed Book and Page No.
B: 3157 / Pgs: 0515
3c. Responsible Party (LLC if applicable):
Mr. Edwin Burnett
3d. Street address:
4028 Barnes Bluff
3e. City, state, zip:
Southport, NC 28461
3f. Telephone no.:
910.209.5051
3g. Fax no.:
NA
3h. Email address:
elbiiiaec.rrcom
Page 1 of 10
PCN Form — Version 1.4 January 2009 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
Same as above
4c. Business name (if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Ms. Dana A. Lutheran (USACE has on file)
5b. Business name (if applicable):
Southern Environmental Group, Inc. (SEGQ
5c. Street address:
5315 South College Road, Suite E
5d. City, state, zip:
Wilmington, NC 28412
5e. Telephone no.:
910.452.2711
5f. Fax no.:
910.452.2899
5g. Email address:
dutheran@segi.us
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
11100014 (see Appendix B)
1 b. Site coordinates (in decimal degrees):
Latitude: 34.1103 Longitude: - 78.1196
Property size:
66.23 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
Harris Swamp
2b. Water Quality Classification of nearest receiving water:
C; SW
2c. River basin:
Cape Fear (Catalog #: 03030007)
Page 2 of 10
3. Project Description
3a. 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 project site is bordered by NC -17 to the east, Bell Swamp Connector SE (along with some residential properties) to the
north and mostly undeveloped residential and commercial properties to the south and west. Portions of the site have been
logged and bush hogged (see Appendix Q.
The project site consists of 66.23 acres. The tract is zoned as Commercial /Office — Commercial Low Density (CO -CLD),
under the Brunswick County Unified Development Ordinance. Brunswick County's Future Land Use Plan indicates that the
area is designated for commercial use.
A series of man -made ditches and two farm ponds, which were installed during the time the site was utilized for agriculture
and live stock farmland, are located within the project boundaries. USGS topographic maps indicate the majority of the
ditches drain toward a blue line stream, a headwater of Harris Swamp, and then to the Lockwood Folly River. The USGS
has these these ditch -like features depicted as blue line streams on their maps. However, during two separate site visits,
Chad Coburn with the DWQ, as well as Tom Farrell with the USACE, verified that the features did not exhibit
characteristics of a stream. Additionally, an "isolated" area of cypress swamp and two 404 jurisdictional features, classified
as bottomland hardwood and cypress swamp, can be found on the northern portion of the property.
3b. List the total estimated acreage of all existing wetlands on the property:
6.29 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
There are no existing streams located within the project boundaries.
3d. Explain the purpose of the proposed project:
The purpose of the project is to construct roadways and attendant features that will support the proposed 163 lot residential
subdivision, as well as a mixed -use commercial development, and meet NC DOT and Brunswick County Planning and Zoning
standard requirements (See Appendix D).
3e. Describe the overall project in detail, including the type of equipment to be used:
The Applicant's vision is to construct a low density, single family, residential subdivision, on the back two thirds of the
property, and mixed -use retail and office buildings, on the front of the property. With this project, it is anticipated that
cumulative impacts will entail the permanent filling of 0.121 acre of 404 jurisdictional tributaries. However with this permit
application 0.0094 acre of permanent wetland impact is anticipated. The fill will facilitate the construction Morris Blvd., a
main arterial road within the Country Walk Subdivision.
Heavy machinery, such as backhoes, dump trucks, graders, and pavers, will be utilized during the construction of the project.
The temporary impacts are associated with the installation of culverts beneath Bonner Ave. and Morris Blvd. All temporary
impacts will be restored to their pre- construction grade and contour, once the work has been completed.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
E] Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: SEGi
Name (if known): Kim Garvey
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A jurisdictional determination was issued on 29 June 2009 and is set to expire 29 June 2014 (see Appendix E).
Page 3 of 10
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
® Yes [I No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions. A Nationwide Permit 29 was issued for this project in 2009 (See
Appendix F). However, all the impacts authorized under that permit, specifically impacts associated with Area 1, were not
completed.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
The proposed project will be constructed in phases, due to the fact that the project, overall, is considered a Planned Unit
Development (PUD). Please note, the Applicant has provided a preliminary layout which depicts the proposed impacts
associated with the future commercial development. Therefore, all anticipated impacts have been accounted within this
application. In the event that future impacts are required to complete the construction of the PUD, the impacts will be
requested through the appropriate agencies, and mitigated for accordingly.
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑ Streams - tributaries
❑ Buffers ® Open
Waters ❑ Pond Construction
2. Wetland Impacts NA
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact number -
2b.
2c.
2d.
2e.
Type of jurisdiction
2f.
Permanent (P) or Temporary
M
Type of impact
Type of
Forested
(Corps - 404, 10
Area of impact
wetland
DWQ - non -404, other)
(acres )
if known
W1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
2g. Total wetland impacts
NA
2h. Comments:
3. Stream Impacts NA
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site,
then complete this question for all stream sites impacted
3a 3b.
3c. 3d.
3e. 3f 3g
Stream impact number - Type of impact
Permanent (P) or Temporary
Stream name Perennial (PER)
Type of Average Permanent Impact
M
or intermittent
jurisdiction stream/ length (LF)
(INT)?
(Corps - 404, 10 tributary width
DWQ - non -404, (Ft )
other)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream/tributary impacts
NA
31 Comments-
Page 4 of 10
Page 5 of 10
4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean,
or an other open water of the U.S. then individually list all open water im acts below.
4a.
4b.
4c.
4d.
4e.
Open water impact number -
Name of waterbody
Permanent P or Temporary
if applicable)
Type of impact
Waterbodv tvDe
Area of impact acres
01 ®P El T
Unnamed Tributary
to Harris Creek
Fill - culvert and energy
dissipater
Tributary
0.0094 AC / 409.1 SF
OA ❑ P ®T
Unnamed Tributary
to Harris Creek
Potential disturbance due to
implementation of culvert
Tributary
0.0025 AC / 109.71 SF
013 [:]POT
Unnamed Tributary
to Harris Creek
Potential disturbance due to
implementation of culvert
Tributary
0.0015 AC / 63.47 SF
o. 0,04
(See Appendix D) 0. Total Temporary and Permanent open water impacts:
Temp: 0.0035 AC / 173.2 SF
Perm: 0.0094AC / 409.1 SF
49. Comments: Upon completion of the work performed within wetlands, temporarily impacted areas will be restored to their
pre - construction conditions.
5. Pond or Lake Construction NA
If pond or lake construction proposed, then com lete the chart below.
5a.
5b.
5c.
5d.
5e.
Pond ID number
Proposed use or purpose of pond
Wetland Impacts (acres)
Stream Impacts (feet)
Upland (acres)
Flooded
Filled
Excavated
Fled
Filled
Excavated
Flooded
P1
P2
5f. Total
NA
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
NA
5j. Size of pond watershed (acres):
NA
5k. Method of construction:
NA
6. Buffer Impacts (for DWQ) NA
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below.
If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar - Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
Buffer impact number - Permanent
6c.
6d.
6e.
6f.
6g.
(P) or Temporary (T)
Reason for impact
Buffer
Zone 1 impact
Zone 2 impact
Stream name
mitigation
(square feet)
(square feet)
required?
61 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
❑Yes
❑ No
B3 ❑P ❑T
❑Yes
❑ No
6h. Total buffer impacts
NA
6i. Comments:
Page 5 of 10
Page 6 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to jurisdictional features, associated with the Country Walk Subdivision, cannot be avoided altogether, as the
configuration of the on -site features, and Brunswick County's setbacks and interconnectivity requirements, prohibit this
alternative. However, from the onset of this project, the Applicant has considered the impacts the development may have on the
natural resources, and has worked with the engineer to minimize those impacts as much as possible. This was accomplished by
redesigning the subdivision's roads and infrastructure, as well as revising the stormwater management plans. Originally, the
impacts associated with the development of the subdivision, attendant features and commercial properties were over 0.50 acre.
The current configuration of the project will require 0.1106 acre of permanent fill. Additionally, the developer avoided impacts
to the more valuable wetland complexes (Le, bottomland hardwood forest and cypress swamp) located within the project
boundaries. The site plan was previously approved by the USACE. However, impacts were not completed prior to the permit
expiring, hence the purpose of this permit application.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Sediment
and erosion control best management practices will be in utilized during and after 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
El Yes 0 N
impacts to Waters of the U.S. or Waters of the State?
Compensatory mitigation was fulfilled for the impacts with the
previously issued permit see Appendix G).
2b. If yes; mitigation is required by (check all that apply):
❑ DWO ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this project?
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank Not Applicable
3a. Name of Mitigation Bank: Not Applicable
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
NA
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
NA
4e. Riparian wetland mitigation requested:
NA
4f. Non - riparian wetland mitigation requested:
NA
4g. Coastal (tidal) wetland mitigation requested:
NA
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan Not Applicable
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ Not Applicable
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount
of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
NA
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee
responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
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?
❑ Yes ® No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: NotApplicable
❑ Yes ❑ No
Page 7 of 10
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
< 25.0%
2b. Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The
proposed subdivision is a low density project. Total impervious area must not exceed 25 %, and the stormwater
management plan will be required to provide pre- and post - construction runoff control of stormwater for a 10 year storm
event.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stonmwater Review
3a. In which local government's jurisdiction is this project?
Brunswick County
❑ Phase II
3b. Which of the following locally- implemented stormwater management programs apply
❑ NSW
❑ USMP
(check all that apply):
❑ Water Supply Watershed
® Other: UDO
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
4a. Which of the following state- implemented stormwater management programs apply
❑ HQW
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ® No
S. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
® Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
® Yes ❑ No
Page 8 of 10
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State (North
❑ Yes ❑ No
Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 21-1.1300), DWQ Surface Water or Wetland Standards, or
❑ Yes ® No
Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes' to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed development will not open up adjacent lands for development, as the surrounding land is accessible from
main roads without having to utilize this project site. Should unforeseen impact(s) be necessary, a modification to this
permit will be obtained from the USACE, and if required the DWQ, prior to the impact(s) taking place. In addition, strict
adherence to the appropriate stormwater and erosion control best management practices, which are shown to reduce
potential impacts to downstream receiving waters, will be monitored as required.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
Wastewater treatment will be provided by Brunswick County.
Page 9 of 10
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
El Yes ®No
habitat?
5b. Have y' checked with the USFWS concerning Endangered Species Act
El ❑ No
impacts .
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
This section was addressed within the previously submitted PCN.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat (EFH)?
This site is not located on or near a waterbody that would support EFH.
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
❑ Yes ® No
(e.g., National Historic Trust designation or properties significant in North
Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archaeological resources?
Site evaluation performed by SEGi staff confirmed there are no existing structures within the property boundaries.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Brunswick County GIS
Dana A. Lutheran
2:��
23 July 2013
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the
applicant is provided.)
Page 10 of 10
Country WaIk PCN Sr-Gi
(i)
Appendix A
Brunswick County Tax Information
ParcellD Owner
11100014 SOY BEAN LLC
Deed Date DeedBook
13042944000 3157
M
Brunswick County GIS Tax Information as of 7/17/13
Address2
4022 OLD BRIDGE RD UNIT D
DeedPage
0515
City State ZipCode
SOUTHPORT NC 28461
Acreage Township
66.23 TOWN CREEK
ParcelDesc
66.23 AC PL 23/306 & U/123 US 17 & SR 1407
Country W-IL FCN
Appendix B
Secretary of State
5r- Gl .
5; _G)
A;'��jr,
e �t
Account
North Carolina
Elaine F /Marshall DEPART ENT OF THE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 (919 )807 -2000
Date: 7/17/2013
here to:
Document Filings I File an Annual Report I
J Print a Pre- populated Annual Report Fillable PDF Form I Amend A Previous Annual Report I
rporation Names
Name Name Type
NC SOYBEAN, LLC LEGAL
imited Liability Company Information
SOSID:
0900453
Status:
Current - Active
Effective Date:
2/23/2007
Citizenship:
DOMESTIC
State of Inc.:
NC
Duration:
PERPETUAL
Annual Report Status:
CURRENT
Registered Agent
Agent Name: BURNETT, EDWIN L., III
Office Address: 4028 BARNES BLUFF
SOUTHPORT NC 28461
Mailing Address: 4028 BARNES BLUFF
SOUTHPORT NC 28461
rincipal Office
Office Address: 4028 BARNES BLUFF
SOUTHPORT NC 28461
Mailing Address: 4028 BARNES BLUFF
SOUTHPORT NC 28461
cers
Title: MANAGER
Name: EDWIN L. BURNETT III
Business Address: 4028 BARNES BLUFF
SOUTHPORT NC 28461
If 110 ••WLJOI« is PIUWUCU ►U LIM puonc as a part or the Secretary of State Knowledge Base (SOSKB) system. Version:
996
Country Walk iCN
Appendix C
Aerial Photograph
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Country Walk rCN
Appendix D
Country Walk Site Plan
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i plan mvt's Z> Co-) 71 z j I 3 RtYMM
2009 NMM. MSKE a T nmm.L
NORMS, KUSKE & TUNSTALL OWNER: SITE PLAN
SOY BEAN, LLC
0 CONSULTING ENGINEERS, INC. 5001 IYOUINN BLVD., UNIT J COUNTRY WALK SUBDIVISION
® SOUTHPORT• N.C. 26461
® 99z MARKET STREET PHONE 1910) 343 -9953 TEL (910) 484 -7300 TOWN CREEK TOWNSHIP
N4MUMMK NC, 29401 FAX (010) 343 —OB04
•fnceenll•g.emw BRUNSWICK COUNTY, N.C.
TABLE 1
WETLAND IMPACTS — TEMPORARY
AREA A 109.71 S.F. (0.0025 AC.)
AREA B 63.47 S.F. (0.0015 AC.)
0. Do
4
TOTAL )-1 g, Z SF, °i =5s
TABLE 2
WETLAND IMPACTS — PERMANENT
AREA 1 409.10 S.F. (0.0094 AC.)
TOTAL 4001. io-pr o .0099- A
SCALES:
I"= 10.0' HOR.
1"= 10.0' VER.
15 10 5 0 5 10 15
AREA 1 SECTION A —A
SCALE: —1" = 50'
125
co
W
150
— — — — —1 PERMANENT
_ IIMPACT AREA I
I
y MPACCT
I AREA 8
TEMPORARY
IMPACT AREA A
126 I
SCALES: I
I"= In n• yaz
0 10 20 30 40 ov
AREA 1 CROSS SECTION B —B
W j
N p o. ti
o Co ' 'A
N N
V J 0 C
ui Q Y V
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Q H V 3
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Country WaIk I CN 5E-Gi (i)
Appendix E
Jurisdictional Determination
Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed live years from the date of this notification.
❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination, issued.
Basis of Jurisdictional Determination: The site exhibits wetland criteria as described in the 1987 Corips Wetland Delineation
Manual and water bodies with ordinary high water mar hat drain to Town Creek a Traditionally Navigable Waterwa via
Harris Swami) and Mill Creek. This parcel also contains a 035 acre non jurisdictional wetkrnd Please contact the North
Carolina Division of Water Quality at (9191733 -1786 to discuss the State's regulations and requirements for these waters
This determination is based on information submitted by Southern Environmental Group, Inc, and verified by this office.
E. Appeals Information
This correspondence constitutes an approved jurisdictional determination for the above described site. lfyou object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 33 I. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Kimberly Garvey, Project Manager.
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, North Carolina 28403
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete; that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by, August -29, 2009.
* *It is not necessary1r; submit an RFA formlto a District Office ifyou do not object to the determination in this correspondence.**
Corps Regulatory Official: ! '� /
1-7
Date: June 29, 2009
Expiration ate: Ju
Q
t
The 11• tlmington District is committed to providing the highest level of support to the public. To help its ensure ire continue to do so.
please complete the Customer Salisfaction Sinner locoted m our websire at to ompete the sin•rr unitre. u
SURVEY PLATS, FIELD SKETCH. WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Country Walk FCN
Appendix F
Expired Nationwide Permit 29
5r-G; q;.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW- 2007 -00295 County: Bru_ nswick USGS Quad: Funston
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: Edwin Burnett
Address: Soy Bean, LLC C E D V E
5001 O'Ouinn Blvd., Unit 3 I U } o D
Southport, NC 28461
Telephone No.: (910) 454 -7300
Size and location of property (water body, road name /number, town, etc.): The 63.11 acre proiect area is located along
Hiehway 17 and Bell Swamn Connection NE near Bolivia. Brunswick County. North Carolina Parcel ID
numbers are 11100014 and 1110001407. Location--.34-1103-N. - 781196 0W
Description of projects area and activity: The proposal includes the nlacement of fill material into Section 404 waters
to construct Country Walk residential subdivision and commercial tracts There are 10 authorized impact areas as
depicted below and illustrated on the attached maps and drawines
Im act # Impact Type
Authorized Impacts
Permanent T ibutary Impact
Feet Acres
Temporary Tributary Impact
Feet Acres
1
Culverted Road C ssi
53
0.012
1 A
Temporary im pact for road gro"g construction
14
0,003
1 B
Temporary impact for road crossina construction
9
0.002
2
Culverted Road Crossing
54
0.018
2C
Temporary impact for road crossing construction
12
0.004
2D
Temporary impact for road crossing construction
b
0.003
3
Culverted Road Crossin
198
0.091
3E
Temporary impact for road crossing construction
4
0.002
3F
Temporary impact for road crossing construction
4
0.002
3G
Temporary impact for road crossing construction
59
0.027
Total I
307
0.121
108
0.042
Applicable Law: ® 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: 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. 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 requirements of
the modified nationwide permit. if the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e.. are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
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 (919) 733 -1786) to determine Section 401 requirements.
For activities occurring within the twenty 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 in Wilmington. NC, at (910) 395 -3900.
ACTION ID 4 SAW - 2007 -00295
SPECIAL CONDITIONS:
In order to compensate for impacts to 307 linear feet of tributaries, the permittee shall make payment to
the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC
EEP, sufficient to perform the restoration of 0.24 acres of riparian wetlands in the Ppe Fear River
Basin, Cataloging Unit 03030005.
�I
Construction within jurisdictional areas the property shall begin only after the permittee has
made full payment to the NC EEP and provided a copy of the payment documentation to the
Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept
responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina Department of Environment and Natural Resources and the United States Army Corps of
Engineers, Wilmington District, dated November 4, 1998.
2. The Permittee shall execute and cause to be recorded in the Brunswick County Register of Deeds the
Conservation Declaration (attached) for the purpose of maintaining the remaining waters and wetlands
as well as the stream restoration area, as shown on the Draft Wetlands Preservation Map (attached), in
their natural and/or mitigated state in perpetuity, prior to the sale or conveyance of any portion or all of
the approximately 63. l l project area or within 180 days of the date of this authorization, whichever
occurs first. At the time of recordation of the Covenants, the Permittee must also record with the
Brunswick County Register of Deeds, a final survey map of the development, sealed by the licensed
surveyor, which clearly depicts the surveyed areas of Conservation and lot/infrastructure layout.
These provisions relating to wetlands cannot be amended or modified without the express written
consent of the U.S. Army Corps of Engineers, Wilmington District. *This includes changes as a result
of any local government drainage easement requirements *.
The permittee shall enforce the terms of the Covenants and, prior to conveyance of the property, shal I
take no action on the property described in the Covenants inconsistent with the terms thereof. The
permittee shall provide a copy of the recorded Covenants and recorded Survey to the Corps of Engineers
within 15 days of recording.
3. Cleared wetland areas, associated with the areas of temporary impact, shall be re- vegetated with a
wetland seed mix or a mix of native woody species. The permittee shall not use amT✓Fescue grass or
any invasive species such as Lespedeza within the wetland areas.
4. Prior to construction adjacent to or within any jurisdictional areas, the permittee must correctly install
silt fencing (with or without safety fencing) along the wetland/upland boundaries on both sides of the
jurisdictional crossings. This barrier is to serve both as an erosion control measure and as a visual
identifier of the limits of construction within any jurisdictional area. The permittee must maintain the
fencing. at minimum. until the Brunswick County Engineering Department or the North Carolina
Division of Land Resources releases the site from their sedimentation and erosion control requirements
and the temporarily impacted wetlands have re- vegetated and stabilized.
Corps Regulatory Official: Date:
i.
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.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Kimberly Garyey at (910)2514482 or, 1. i6iberli -,I:iarveyttiusace.annv.mil.
i
Corps Regulatory Official �, c 6 - -
Date: June 29.2009
Expiration Date of Verificitionf June 29, 2011
Copy Furnished:
Chad Coburn. DENR -DWQ, Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington, NC 28405
Dana Lutheran. Southern Environmental Group, Inc., 5315 South College Road, Suite E. Wilmington NC 28412
Country 1/1%A PCN 5r—Gi (1)
Appendix G
NCEEP Receipt & Preservation Document
,ii0112tem
,ement
PROGRAM
RECEIPT
July 21, 2009
Edwin and Marjorie Burette
5001 O'Quinn Blvd., Unit J
Wilmington, NC 28461
Project: Country Walk Subdivision
County: Brunswick
DWQ #: 09 -0284
USACE Action ID: 2007 -00293
EEP No.: ILF- 2009 -6634 IMS# 20231
Amount Paid: $14,900.00
Check Number: 3758
The North Carolina Ecosystem Enhancement Program ( NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification /Section 404 /CAMA Permit(s) issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with
the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this
certification and any other state, federal or local government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin
HUC
Stream Credits
(linear feet)
Wetland Credits
(acres)
Buffer I& lI
(Sq. Ft.)
Cape Fear
Cold
Cool
Warm
Riparian
Non -Ri arian
Coastal Marsh
03030005
0
0
0
0.24
0
0
0
Please note that requests for reimbursement of payments made to NCEEP are considered on a case by case basis. Requests
for reimbursement must be received within 12 months of the date of this receipt. Any such request must be accompanied by
letters from the permitting agencies stating that the permit and/or authorization have been rescinded and/or that NCEEP is not
responsible for providing mitigation credit. If you have any questions or need additional information, please contact Valerie
Mitchener at (919) 715 -1973 or Kelly Williams at (919) 716 -1921.
Sincerely,
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Kim Garvey, USACE — Wilmington, Thelma Hemmingway, USACE Wilmington
Chad Coburn, NCDWQ- Wedands/401 Unit
Dana Lutheran, agent
File
utoruug... .. Pro" Ow Ita&
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 715 -0476 / www.neeep.net
�•,�l �+;`< -{cal -: -��j C����L-
1 - < <r� #IIII�I III�IIII
a le :rA
Brunswick County, Register of Deeds' a emmons
page 1 of S
1Fr �I;,aZipfj1t111� _ (;3; iii_... -_ arri��
13 Pat= Aram i fti de�:+a Ju l4 ; r 1.716
CtNt a.
NORTH CAROLINA L
�`` fr U . �yV ATrIOR�ECLARATION
I� ' ,J 1 4 A�( l�UZ:%iLLlL
BRUNSWICK COUNTY �=' ��n%o � CssrJ2
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS (" Restri cd- -) is made on this day of , 2010,
by Soy Bean, LLC, a North Caro emit (`Declarants ).
rr
��
L
RECITAO ' VAT POSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property
(Property) being approximately 6.702 acres, more particularly described in Exhibit A
attached hereto and by this reference incorporated herein; and
B. The purpose of this Cal' on Declaration intain wetland and/or riparian
resources and other natural values %he ,�o e ent the use or development of
the Property for any purpose in ef-iffig2p nflict with the maintenance
of the Property in its nature and ion.f' ahon of the Property in its natural
artment
condition is a condition of Dep of the �it Action ID SAW - 2007 -00295
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.
NOW, THEREFORE the D daft hereby d irrevocably declares that
the Property shall be held and s�44i ing restrictions, covenants and
conditions as set out herein, or ' � ' 6 subj > pperty and be binding on all
parties that have or shall have right, tp� in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
r r; ul \j t J r J riir7ff11(G1�
Js �
�fn:Ir�ls� a
«1
36 Wi
M.M. n, cteamons
(ek County, NC Rep /star of Deeds page 2 of S
. L 1 s
Any activity on, or use of, the Property inconsistent with 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. e „c_ • �-�
IC
Without limiting the gene -� 2� i eg,> d g j6
a t� r�.nmpa pWwe
ing activities and uses are
expressly P rohibited or restri `
LQ-1 `l(1
A. Disturbance of Natural Features. Anv 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.
I�1
B. Construction. There shall � .Po constn 61- @2 Mg of any building, mobile
home, asphalt or concrete pavem t,� f�er advertising display, antenna,
utility pole, tower, conduit, tffi' ,� rig, do*avx =her temporary or permanent
structure or facility on or above lie Propl:�t�i�'cS��J,a�
C. Industri al. Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural. Grazing anL4JOicultural Use. Aggricu a , grazing, animal husbandry,
and horticultural use of the Pro pe re pro [�
E. Ve elation. There shall ��Jrem' `r ✓ q '
� � rl��`'4tuction, harming, cutting or
mowing of trees, shrubs, or o er vegetation rty.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
property.
G. Signa¢e. No signs shall be fitted on or ovel �rty, except the posting of no
trespassing signs, signs identi fying`e_\ sfi of the Property, signs giving
directions or proscribing rulee��t�its`�o &f the Property and/or signs
identifying the Grantor as ov►%bI' a pt'br�
H. Dumping or Storage, Dumping 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 pioibited.
I. Excavation. Dredging or Mine no grading, filling, excavation,
dredging, mining or drilling; �.l topso' vel, rock, peat, minerals or
other materials, and no m the ' e land in any manner on the
Property, except to restore natural topography or drains patterns.
J. Water duality and Drainage Pattern There shall be no diking, draining, dredging,
(D
IQ W 36901
�\(I�1 l Brenda A. Clemons
g o of tleods
Pa90 3 o
Reis r f S
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
easement area b `-
y any means,� val of wetlands,�p�1J�rt r�g or discharging into waters,
springs, seeps, or wetlands, or use f es ieidt~6 �ldes�I rohibited.
�f� I ~�`�IlVI
K. Development Rights. lv� c vcl�op ,�; is t tat have been encumbered or
extinguished by this Conservation Declaratio be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L Vehicles. The operationgpf mechanized vehicles, luding, but not limited to,
motorcycles, dirt bikes, all- terrtt�.+hicles, cars.aprohibited.
M. Other Prohibitions. Anyrp gt is , ^kir act" a Property which is or may
become inconsistent with th- urposes the preservation of the Property
substantiaily in its natural condition, or the prot its environmental systems, is
prohibited.
ARTICLE 11. ENFORCEMENT & REMEDIES
A. This Declaration is intend ensure, �}tt`t�pliance with the mitigation
condition of authorizations is
'3id'i�enifeld= 3th�es of America, U.S. Army Corps of
Engineers, Wilmington Distr�l La ee mtf6��o`iced by the United States of
America. This covenant is to run with the �lan" be binding on all parties and all
persons claiming under 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 times for the purpose of inspecting
the Property to determine why&% the Declarant, �s representatives, or assigns
are Declaration mg with the terms ,jet '11r-r--
J� ons of this Conservation
�l C-1 J� ( c) `,«R
C. Nothing contained in this Conservation Declarl$ifall 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 kDeclarant under cmergen conditions to prevent, abate,
or mitigate significant injury to tmage tQ�y to the Property resulting
from such causes. i
S
A. This Conservation Declaration does not convey to the public the right to enter the
Property for any purpose whatsoever.
l�� � �ni(1J)Gs''asA-
11 Fends H. Clemmom
RegIster of Deeds page 4 of 5
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Pronertv Condition. The Declarant represents and acknowledges that the
Property is currently undeveiiVea land, with no 3 d e tents other than any existing
utility lines, Declarations and ngh w� ;;
B. Title.The Declarant cove �at t)`ieueclarant is the sole owner and
is seized of the p+ in fee im le and has ` { -
#.I 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.
A1CLE V. MISCELLANE�QUS
A. Conservation Purpose.
r' r' ru'M 'F1k2Q�a
(1) Declarant, for itself, it l� sJ�tYcxesl soN1 �A agrees that this Conservation
Property shall be held exclusively for conservation p` es.
B. Entire A meet This instrument sets forth the entire agreement of the parties with
respect to the Conservation Declaration and supersedes all prior discussions, negotiations,
understandings or agreement&• lating to the Conserrvat' tr laration. If any provision
is found to be invalid, the re ma%4' of the, ep� u s Conservation Declaration,
and the application of such proviso �t� is�tis o circumstances other than those as to
which it is found to be invali , -40 F"Wi
C. Recording. Declarant shall record this instrument an 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 Condizof Conservation o The Declarant warrants and
represents that to the be�of appropriate inquiry and
investigation: (a) the i @9 gyp' � d at all times hereafter will
continue to be in Ml n �o'Ie, state and local environmental
laws and regulations, and (b) as ofl`(tereof 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 environmental
condition existing on ttr, Property that may prohibit r impede use of the Property
for the purposes set fibi W,e Recitals Y(C C
C ance ly left blank)
J) U
L
C L 1'`1'�rc''� %mfr
4/n
r'
L184 P09 ,�- 36 eel
R0016 or of ed ' Clemoons
Pa90 S of S
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year
first above written.
SOY BEAN, LLC
Edwin Burnett, Member Manager
NORTH CAROLINAp=
,r'--1�
BRUNSWICK COUNTY �jV�f���•� �u �,zet��;�;wc
�=-r _, .
1, the undersigned No c C�� 6r
gn Notary Public, certify thai hd"Win Burnett personally came
before me this day and acknowledged that he is the managing member of Soy Bean,
LLC, a North Carolina limited liability company, and that he, being authorized to do so,
executed the foregoing on behalf of the limited liability company.
&4,
Witness my hand and off weal �Slatnj7 /day of _ C� M hP
2010. `
u)
C �, ���;
Notary Public
07i4n
ti o _(2�j j7p d or Pruned Y
My Commission Expires: �C , �� << — .Or.....e,
- - sQZ11' Ile