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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 SE-Gi SL.Gi ) • A J ,4 IN Xl-l" V Ihh, r 0 w � r 00 Country Walk rCN Appendix D Country Walk Site Plan 5E.Gi q, ,•fir ` ie ie i ie i it I I Its Is i /� •v, ..__.._..__._.._.._.._.._.. I �� �� ei 11 1 to .1 _ -t —I_ _sir es-�. ' N \\:'• fir! �• to '6, �.. - =T- Ile f E 1 ---- -- �••� f • ° �1 Is FI gi i = is iel -,J ..� -�_ it Iv ,r rrntaonAvdna 3&&0w 1 �---._ t ' ( 1 f RI /• 1 ` al /'f'\ 1 1 to 011 11.1 t i to tl to to ii Re Ke i;.; . Re R i RI it v � •• to i 71 of I i ..� �•., .. Re 1 ee �L ee y ie �IA ' I .I I I 1 I f p ., .I H __ R, RI i° el �i - -- , l r ill— go Nil lot • o K T it R , y I _. _.. I e ! e Re ! Re � ie 1 � E I i Re ; I 1 to ._� err= l- I 1 ' t I • /; d I I it \ RI f.;•;'' :.;•:':.f� -' 1 ie \ r I '• 1 f / \`�, •i Re t y is is ell 5e 1 Ito so •� it i° :' - r.• e,�, ; �••\ �° . �. � 1 ;::::;:I:::i oil to i• \ p 4•. •�:•: .i '� ` Rte: J\;, ,:•:•:•:•:•:,:•:•:•:•:•:•:•: (:::1 �.; ' ' Rt t'•••• 1 \ u a , , \s go , t to o ee t A' 1 f to ra •� I awes DAtE Desc m1KIM 9I 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 3 Z>-LU0 be Q H V 3 16— Z — Z r z� Q�8 n Z Z � zFa � o O 40A cn E Q °z° 07037 0comm BC PN alum w XB mAw BY: EDB +, 0 W -2 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