20201654 Ver 2_More Information Received_20220623

Staff Review Form
NORTH CAROLINA
Envlronm¢ntcl Qvofiry
Updated September 4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID#*
20201654
Version* 2
Is this project a public transportation project?*
Yes
• No
Reviewer List: * Sue Homewood:eads\slhomewood
Select Reviewing Office: *
Winston-Salem Regional Office - [phone]
Does this project require a request for payment to be sent?*
Yes
No

Project Submittal Form
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: *
For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Pre -Filing Meeting Date Request was submitted on:
Is this supplemental information that needs to be sent to the Corps?*
Yes No
Project Contact Information
Name:
Jeff Golladay
Who is submitting the information?
Email Address: [e-mail]
Project Information
Existing ID #:
20201654
20170001 (no dashes)
Project Name: Mulberry Gap Farms, LLC
Is this a public transportation project?
Yes
No
Existing Version:
2
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
County (ies)
Madison
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
06.23.22_Response to DWR 6.14.22 RFI.pdf 21.72MB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
Mulberry Gap Farms response to request for additional information from DWR dated June 14, 2022.

Sign and Submit
By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.
• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
Submittal Date: Is filled in automatically.

CLeaer
An EnviroScience Company
ClearWater Environmental Consultants,Inc.
www.cwenv.com
June 23, 2022
Ms. Sue Homewood
NC DWR, 401 & Buffer Permitting Unit
450 W. Hanes Mill Road, Suite 300
Winston Salem, North Carolina 27105
RE: Mulberry Gap Farms, LLC
Response to DWR Request for Additional Information (DWR#20201654 v2)
Madison County, North Carolina
NC DWR Project No. 2020-1654
USACE Action ID SAW-2020-00632
Dear Ms. Homewood,
Please reference the letter dated June 14, 2022 (Attachment A) sent by the NC Division of Water
Resources (DWR) in response to a previous Request for Additional Information response
submitted on May 11, 2022, by ClearWater, an EnviroScience Company (ClearWater), on behalf
of Mulberry Gap, LLC (Applicant) represented by Mr. Richard Kelly. The purpose of this letter is
to provide the DWR with substantive responses to the issues raised in the June 14, 2022, letter,
and request that the DWR directly contact the undersigned should the responses provided in this
letter not adequately address their concerns. We have provided responses to each comment in
order below.
Additionally, the Applicant has elected to remove four (4) out of the five (5) previously proposed
Beaver Dam Analogs (BDA)from the project plans. The BDAs removed from the plans include all
BDAs previously proposed along Thomas Branch (BDAs TB2, TB3A, TB3B, TB4A, TB4B, TB5A,
and TB5B). The removal of these BDAs eliminates stream impacts S12-S27 and wetland impacts
W7 and W8. The BDA along Hopewell Branch (HB4) is still proposed (Stream Impacts S8 and
S9).Additionally, the culvert removal proposed as Stream Impact S6 (118 linear feet; 0.005 acres)
will no longer occur. The removal of the four Thomas Branch BDAs and Stream Impact S6
reduces project stream impacts by 1,179 linear feet (0.079 acres) and project wetland impacts by
0.015 acres.
The following is a new summary of updated project aquatic resource impacts:
• Total permanent stream impacts = 904 LF (0.085 AC)
o Stream Enhancement(Thomas Branch) =480 LF (0.055 AC)
o BDA HB4 Fill = 18 LF (0.002 AC)
o BDA HB4 Maximum Potential Extents of Inundation = 175 LF (0.016 AC)
o New culvert installation = 61 LF (0.005 AC)
o Culvert removal = 170 LF (0.007 AC)
• Total permanent wetland impacts = 0.053 AC
o BDA HB4 Maximum Potential Extents of Inundation = 0.007 AC
o Wetland Fill = 0.046 AC
145 7th Avenue West, Suite B
Hendersonville,NC 28792
828-698-9800 Tel

Mrs. Sue Homewood
June 23,2022
Page 2 of 3
Please refer to Attachment B, prepared by Osgood Landscape Architecture, for updated
Preliminary Impact Plans. Please refer to Attachment C for a project aquatic resources impact
summary table.
DWR Comment#1
With regards to the Beaver Dam Analogs (BDAs), please provide the following additional
information:
a. The Operation and Maintenance Plan does not include the information previously requested
regarding removal of sediment accumulation within the pool areas. While the Division
understands that specific decisions and timing will be on a case-by-case basis, please provide
information regarding how decisions will be determined. Please include information regarding
what depths and what locations (e.g. deep pools, shallow areas, the entire backwater) sediment
removal would be expected. Will sediment accumulation be expected in vegetated areas? How
will downstream waters be protected from sediment loss and/or increased turbidity when sediment
removal is occurring?[15A NCAC 02H.0506(b)(2) and (3)]
Sediment management is defined in Section 4.4 on Page 13 of the Operation and
Maintenance (O&M) Plan, which was provided as Attachment F in the May 11, 2022,
request for additional information response letter. Section 4.4 of the O&M Plan states:
"Sediment accumulation will be closely monitored and documented in the
monitoring reports. Timing, location, and methods for removing sediment will be
determined on a case-by-case basis. If dredging is proposed in the BDA areas,
even if the work will be accomplished by-hand, SoWE will notify the US Army Corps
of Engineers and NCDEQ before performing the work."
Section 4.4 will be updated and include the following qualitative assessment: Mulberry
Farms will prepare a sediment removal plan when the original design of BDA HB4 begins
to be significantly changed by sediment accumulation (i.e., greater than 75%of open water
is converted to wetlands and/or greater than 50% of wetlands begin transitioning to
uplands). During sediment removal, downstream waters will be protected from sediment
release and turbidity by conducting work in-the-dry (pump around). Sediment removal
from any area of the BDA (wetland/open water) is regulated by 404 and 401 permit
guidelines. As such, an onsite meeting will be requested with DWR and the US Army
Corps of Engineers to discuss project scope including sediment removal, temporary
construction access, and potential sediment disposal areas.
DWR Comment#2
With regards to the Storm water Management Plan for the project please provide the following
additional information. [15A NCAC 02H.0506(b)(2) and (3)]
a. Please provide Supplemental EZ form for the proposed bio-retention cell. Applicable
forms are available at https://deq.nc.gov/about/divisions/energy-mineral-and-land-
reso urces/storm water/storm water-program/storm water-design
b. Please provide O&M Plan/Agreements for the proposed bio-retention cell and rain
gardens

Mrs. Sue Homewood
June 23,2022
Page 3 of 3
c. Please provide copy of any applicable soils report with the associated SHWT elevation
where the bio-retention cell is being proposed
d. Please provide information on total drainage area (in ft2) and BUA (in ft2) that will be
captured by the proposed bio-retention cell
Mercer Design Group (MDG) is working to address Comments #2 a-d. MDG has
been working directly with Ms. Chonticha McDaniel of NC DWR to ensure
adequate responses to these comments are provided to the Division as soon as
possible.
DWR Comment#3
While the Division acknowledges that the proposed mitigation plan is conceptual at this time and
that you propose to submit a mitigation plan in August 2022, we are unable to certify this project
based on the conceptual information provided at this time and regulatory timeframes limit the
Division's ability to accept your proposed schedule. Please indicate whether you would like to
withdraw this application and resubmit it when a final Permittee Responsible Mitigation Plan can
be provided, or provide an alternative mitigation plan such as payment into an In-Lieu fee program
or mitigation bank. [15A NCAC 02H.0506(c)]
The Applicant is modifying the mitigation plan. Payment into the North Carolina Division
of Mitigation Services In-Lieu Fee Program will now serve as the project mitigation plan.
The Applicant will purchase 315 cool water stream credits from NC DMS. Please refer to
Attachment D for the credit Acceptance Letter from NC DMS.
The applicant believes the information included in this submittal addresses all issues set forth by
the DWR in the letter dated June 14, 2022. Should you have any questions or comments
concerning this project, please do not hesitate to contact me at 828-698-9800.
Sincerely,
2t61,6'
Jeff Golladay
Biologist
ATTACHMENTS:
Attachment A— DWR Request for Additional Information, June 14, 2022
Attachment B— Updated 1":50' Scale Preliminary Impact Plans
Attachment C— Project Aquatic Resources Impact Summary Table
Attachment D— NC DMS Credit Acceptance Letter
Copy Furnished:
NC Division of Water Resources, Asheville Regional Office—Andrew Moore
NC Division of Water Resources, Raleigh Regional Office— Chonticha McDaniel
US Army Corps of Engineers, Asheville Regulatory Field Office— Brandee Boggs
NC Wildlife Resources Commission, Mountain Region Coordinator—Andrea Leslie

Attachment A
DWR Request for Additional Information, June 14, 2022

DocuSign Envelope ID:4C9416D0-79E1-45ED-A6CF-13D91A3AA6AF
ROY COOPER 'e5 z.
Governor "
ELIZABETH S.BISER ,Er s.��
Secretary Y"" _
RICHARD E.ROGERS,JR. NORTH`CAROLINA
Director Environmental Quality
June 14, 2022
DWR#20201654 v2
Madison County
Mulberry Farm—Madison LLC
Attn: Mr. Richard Kelly
1126 Upper Thomas Branch Road
Marshall, NC 28753
Delivered via email to: [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION
Mulberry Gap Farms
Dear Mr. Kelly:
On February 1, 2022,the Division of Water Resources (Division) received your application requesting a
401 Individual Water Quality Certification from the Division for the subject project. On March 11, 2022
the Division requested additional information in order to continue our review and received a response
from your consultant on May 11, 2022. Upon review of the response the Division has determined that
your application is still incomplete and cannot be processed at this time.The application is on-hold until
all of the following information is received:
1. With regards to the Beaver Dam Analogs (BDAs), please provide the following additional
information:
a. The Operation and Maintenance Plan does not include the information previously
requested regarding removal of sediment accumulation within the pool areas. While
the Division understands that specific decisions and timing will be on a case-by-case
basis, please provide information regarding how decisions will be determined.
Please include information regarding what depths and what locations (e.g. deep
pools, shallow areas, the entire backwater) sediment removal would be expected.
Will sediment accumulation be expected in vegetated areas? How will downstream
waters be protected from sediment loss and/or increased turbidity when sediment
removal is occurring? [15A NCAC 02H .0506(b)(2) and (3)]
D_E Q North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Cazolina 27699-1611
NORTH CAROLINA 919.707.9000
Denorbnenl of Environmental Maltty

DocuSign Envelope ID:4C9416D0-79E1-45ED-A6CF-13D91A3AA6AF
Mulberry Farm—Madison LLC
DWR#20201654 v2
2nd Request for Additional Information
Page 2 of 3
2. With regards to the Stormwater Management Plan for the project please provide the
following additional information. [15A NCAC 02H .0506(b)(2) and (3)]
a. Pease provide Supplemental EZ form for the proposed bio-retention cell. Applicable
forms are available at https://deq.nc.gov/about/divisions/energy-mineral-and-land-
resources/stormwater/stormwater-program/stormwater-design
b. Please provide O&M Plan/Agreements for the proposed bio-retention cell and rain
gardens
c. Please provide copy of any applicable soils report with the associated SHWT
elevation where the bio-retention cell is being proposed
d. Please provide information on total drainage area (in ft2) and BUA(in ft2)that will be
captured by the proposed bio-retention cell
3. While the Division acknowledges that the proposed mitigation plan is conceptual at this time
and that you propose to submit a mitigation plan in August 2022, we are unable to certify
this project based on the conceptual information provided at this time and regulatory
timeframes limit the Division's ability to accept your proposed schedule. Please indicate
whether you would like to withdraw this application and resubmit it when a final Permittee
Responsible Mitigation Plan can be provided, or provide an alternative mitigation plan such
as payment into an In-Lieu fee program or mitigation bank. [15A NCAC 02H .0506(c)]
Pursuant to Title 15A NCAC 02H .0502(e),the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by
submitting all of the above requested information through this
link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter,the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.
NorthCarolina rtm of Enm Qoocs
D_ 512 NorthCar SalisburynDepa Streetent 11611 viron Mail Serviceental CenterualityI IDivisi Raleighn of,North
Water CarolinaResur 2e7 699-1611
NORTH CAROLINA 919.707.9000
fMaerMaM of Emtronmenfel 4ualKa

DocuSign Envelope ID:4C9416D0-79E1-45ED-A6CF-13D91A3AA6AF
Mulberry Farm—Madison LLC
DWR#20201654 v2
2nd Request for Additional Information
Page 3 of 3
Sincerely,
DocuSigned by:
4.1 1O
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Clement Riddle and Jeff Golladay, ClearWater Environmental Consultants
Brandee Boggs, USACE Asheville Regulatory Field Office
Andrea Leslie, NCWRC
Byron Hamstead, USFWS
DWR ARO 401 files
DWR 401 & Buffer Permitting Unit
Filename: 20201654v2_Mulberry Gap Farms_401_Addlnfo2.docx
DENorth Carolina Department of Environmental Quality I Division of Water Resources
_
512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
oeperhnam of Environmental want,

Attachment B
Updated 1":50' Scale Preliminary Impact Plans

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PRELIMINARYFOR REVIEW PURPOSES ONLYNOT FOR CONSTRUCTIONCopyright 2022 - Osgood Landscape Architecture, Inc.THE DRAWINGS, SPECIFICATIONS AND OTHERDOCUMENTS PREPARED BY OSGOOD LANDSCAPEARCHITECTURE INC. FOR THIS PROJECT ARE INSTRUMENTSOF THE LANDSCAPE ARCHITECT'S SERVICE FOR USESOLELY WITH RESPECT TO THIS PROJECT. REPRODUCTIONOR USE OF THESE DRAWINGS OTHER THAN FOR THISPROJECT WITHOUT WRITTEN CONSENT FROM THELANDSCAPE ARCHITECT IS PROHIBITED. UNAUTHORIZEDUSE WILL BE SUBJECT TO LEGAL ACTION.JOEL OSGOOD, RLA14 CHURCH STREETASHEVILLE, NC 28801828.527.6466SHEET TITLEREVISIONSSEALISSUEDDRAWN BY: ZAC, RJBAPPROVED BY: JJODATE ISSUED: 16-JUN-2022MULBERRYFARM -MADISON, LLC.MARSHALL, NCPRELIMINARYIMPACT PLANSCALE: 1" = 300'-0"0' 150' 300' 600L-1.00SHEET 1 OF 9US HIGHWAY 25/70UPPER THOMASBRANCH ROADEXISTING 80 LF CULVERT TO BEREPLACED WITH 121 LFPROPOSED NEW IMPACT S1: 41 LF(0.004 AC)EXISTING CULVERT TOREMAIN, TYP.SCHOOL OF HEALING AND ENLIGHTENMENTSCHOOL OF BUSINESS WISDOMADMINISTRATIONBUILDINGDINING HALLEVENT CENTERWHOLENESS SANCTUARYMEETING HALLRECEPTION CENTERS3: EXISTING 74 LF (0.003 AC)CULVERT TO BE REMOVED/RESTOREDCULVERTS TO REMAINBRIDGEREFER TO RDE DRAWINGS C101 FORIMPACTS S8-S9 (193 LF; 0.018 AC)IMPACTS W6 (0.007)BRIDGEBRIDGEPROPOSED WETLAND FILLIMPACT W10 (0.034 AC)S7: EXISTING 20 LF (0.001 AC)CULVERT TO BE REMOVED/RESTOREDS5: EXISTING 29 LF (0.001 AC) CULVERTTO BE REMOVED/ RESTOREDNEW ENTRANCE ROADPROPOSED WETLAND FILL IMPACTW11 (0.001 AC)REFER TO RDE DRAWINGS C102 FORIMPACT S30 (480 FT; 0.055 AC)PROPOSED 20 LF CULVERT NEWIMPACT S31: 20 LF (0.001 AC)S4: EXISTING 27 LF (0.001 AC)CULVERT TO BE REMOVED/RESTOREDNLEGEND PROPERTY BOUNDARY WETLAND - NO DISTURBANCE LINEAR WETLAND EXISTING OPEN WATER STREAM CULVERT TO REMAIN CULVERT TO BE REMOVE PROPOSED CULVERT PROPOSED WETLAND IMPACT PROPOSED STREAM IMPACTS32: EXISTING 20 LF (0.001 AC)CULVERT TO BE REMOVED/RESTOREDPROPOSED WETLAND FILLIMPACT W12 (0.001 AC)PROPOSED WETLAND FILLIMPACT W13 (0.01 AC)
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PRELIMINARYFOR REVIEW PURPOSES ONLYNOT FOR CONSTRUCTIONCopyright 2022 - Osgood Landscape Architecture, Inc.THE DRAWINGS, SPECIFICATIONS AND OTHERDOCUMENTS PREPARED BY OSGOOD LANDSCAPEARCHITECTURE INC. FOR THIS PROJECT ARE INSTRUMENTSOF THE LANDSCAPE ARCHITECT'S SERVICE FOR USESOLELY WITH RESPECT TO THIS PROJECT. REPRODUCTIONOR USE OF THESE DRAWINGS OTHER THAN FOR THISPROJECT WITHOUT WRITTEN CONSENT FROM THELANDSCAPE ARCHITECT IS PROHIBITED. UNAUTHORIZEDUSE WILL BE SUBJECT TO LEGAL ACTION.JOEL OSGOOD, RLA14 CHURCH STREETASHEVILLE, NC 28801828.527.6466SHEET TITLEREVISIONSSEALISSUEDDRAWN BY: ZAC, RJBAPPROVED BY: JJODATE ISSUED: 16-JUN-2022MULBERRYFARM -MADISON, LLC.MARSHALL, NCPRELIMINARYIMPACT PLAN -SHEET INDEXL-1.11L-1.12L-1.13L-1.14L-1.15L-1.16L-1.17SCALE: 1" = 150'-0"0' 50' 150' 300'NL-1.10SHEET 2 OF 9LEGEND PROPERTY BOUNDARY WETLAND - NO DISTURBANCE LINEAR WETLAND EXISTING OPEN WATER STREAM CULVERT TO REMAIN CULVERT TO BE REMOVE PROPOSED CULVERT PROPOSED WETLAND IMPACT PROPOSED STREAM IMPACT
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UPPER THOMAS BRANCHPROPERTY BOUNDARY, TYP.LIMITS OF DISTURBANCE, TYP.LINEAR WETLAND, TYP.WETLAND, TYP.STREAM, TYP.PROPOSED STREAMIMPACT, TYP.LIMITS OF DISTURBANCE, TYP.WETLAND, TYP.STREAM, TYP.PROPOSED STREAM IMPACT, TYP.EXISTING OPEN WATER, TYP.BRIDGE, TYP.S7: EXISTING 20 LF (0.001 AC) CULVERTTO BE REMOVED/ RESTOREDCULVERT TO REMAIN, TYP.S5: EXISTING 29 LF (0.001 AC) CULVERTTO BE REMOVED/ RESTOREDS4: EXISTING 27 LF (0.001 AC) CULVERTTO BE REMOVED/ RESTOREDPROPOSED 20 LF CULVERT NEWIMPACT S31: 20 LF (0.001 AC)REFER TO RDE DRAWINGS C102 FORIMPACT S30 (480 FT, 0.055 AC)EXISTING 80 LF CULVERT TO BEREPLACED WITH 121 LF PROPOSEDNEW IMPACT S1: 41 LF (0.004 AC)PROPOSED WETLAND FILLIMPACT W10 (0.034 AC)S32: EXISTING 20 LF (0.001 AC)CULVERT TO BE REMOVED/ RESTOREDPRELIMINARYFOR REVIEW PURPOSES ONLYNOT FOR CONSTRUCTIONCopyright 2022 - Osgood Landscape Architecture, Inc.THE DRAWINGS, SPECIFICATIONS AND OTHERDOCUMENTS PREPARED BY OSGOOD LANDSCAPEARCHITECTURE INC. FOR THIS PROJECT ARE INSTRUMENTSOF THE LANDSCAPE ARCHITECT'S SERVICE FOR USESOLELY WITH RESPECT TO THIS PROJECT. REPRODUCTIONOR USE OF THESE DRAWINGS OTHER THAN FOR THISPROJECT WITHOUT WRITTEN CONSENT FROM THELANDSCAPE ARCHITECT IS PROHIBITED. UNAUTHORIZEDUSE WILL BE SUBJECT TO LEGAL ACTION.JOEL OSGOOD, RLA14 CHURCH STREETASHEVILLE, NC 28801828.527.6466SHEET TITLEREVISIONSSEALISSUEDDRAWN BY: ZAC, RJBAPPROVED BY: JJODATE ISSUED: 16-JUN-2022MULBERRYFARM -MADISON, LLC.MARSHALL, NCSCALE: 1" = 50'-0"0' 25' 50' 100'NL-1.13SHEET 5 OF 9PRELIMINARYIMPACT PLANENLARGEMENTLEGEND PROPERTY BOUNDARY WETLAND - NO DISTURBANCE LINEAR WETLAND EXISTING OPEN WATER STREAM CULVERT TO REMAIN CULVERT TO BE REMOVE PROPOSED CULVERT PROPOSED WETLAND IMPACT PROPOSED STREAM IMPACT
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YLIMITS OF DISTURBANCE, TYP.LIMITS OF DISTURBANCE, TYP.EXISTING CULVERT TO REMAIN, TYP.WETLAND, TYP.STREAM, TYP.PROPOSED STREAM IMPACT, TYP.CULVERT TO BE REMOVED, TYP.EXISTING OPEN WATER, TYP.BRIDGE, TYP.S7: EXISTING 20 LF (0.001 AC) CULVERTTO BE REMOVED/ RESTOREDS3: EXISTING 74 LF (0.003 AC) CULVERTSTO BE REMOVED/ RESTOREDCULVERT TO REMAIN, TYP.S5: EXISTING 29 LF (0.001 AC) CULVERTTO BE REMOVED/ RESTOREDS4: EXISTING 27 LF (0.001 AC) CULVERTTO BE REMOVED/ RESTOREDPROPOSED 20 LF CULVERT NEWIMPACT S31: 20 LF (0.001 AC)REFER TO RDE DRAWINGS C102 FORIMPACT S30 (480 FT, 0.055 AC)PROPOSED WETLAND FILLIMPACT W10 (0.034 AC)S32: EXISTING 20 LF (0.001 AC)CULVERT TO BE REMOVED/ RESTOREDPRELIMINARYFOR REVIEW PURPOSES ONLYNOT FOR CONSTRUCTIONCopyright 2022 - Osgood Landscape Architecture, Inc.THE DRAWINGS, SPECIFICATIONS AND OTHERDOCUMENTS PREPARED BY OSGOOD LANDSCAPEARCHITECTURE INC. FOR THIS PROJECT ARE INSTRUMENTSOF THE LANDSCAPE ARCHITECT'S SERVICE FOR USESOLELY WITH RESPECT TO THIS PROJECT. REPRODUCTIONOR USE OF THESE DRAWINGS OTHER THAN FOR THISPROJECT WITHOUT WRITTEN CONSENT FROM THELANDSCAPE ARCHITECT IS PROHIBITED. UNAUTHORIZEDUSE WILL BE SUBJECT TO LEGAL ACTION.JOEL OSGOOD, RLA14 CHURCH STREETASHEVILLE, NC 28801828.527.6466SHEET TITLEREVISIONSSEALISSUEDDRAWN BY: ZAC, RJBAPPROVED BY: JJODATE ISSUED: 16-JUN-2022MULBERRYFARM -MADISON, LLC.MARSHALL, NCSCALE: 1" = 50'-0"0' 25' 50' 100'NL-1.14SHEET 6 OF 9PRELIMINARYIMPACT PLANENLARGEMENTLEGEND PROPERTY BOUNDARY WETLAND - NO DISTURBANCE LINEAR WETLAND EXISTING OPEN WATER STREAM CULVERT TO REMAIN CULVERT TO BE REMOVE PROPOSED CULVERT PROPOSED WETLAND IMPACT PROPOSED STREAM IMPACT
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LIMITS OF DISTURBANCE, TYP.WETLAND, TYP.STREAM, TYP.CULVERT TO BE REMOVED, TYP.S7: EXISTING 20 LF (0.001 AC) CULVERTTO BE REMOVED/ RESTOREDLINEAR WETLAND, TYP.S32: EXISTING 20 LF (0.001 AC)CULVERT TO BE REMOVED/ RESTOREDPRELIMINARYFOR REVIEW PURPOSES ONLYNOT FOR CONSTRUCTIONCopyright 2022 - Osgood Landscape Architecture, Inc.THE DRAWINGS, SPECIFICATIONS AND OTHERDOCUMENTS PREPARED BY OSGOOD LANDSCAPEARCHITECTURE INC. FOR THIS PROJECT ARE INSTRUMENTSOF THE LANDSCAPE ARCHITECT'S SERVICE FOR USESOLELY WITH RESPECT TO THIS PROJECT. REPRODUCTIONOR USE OF THESE DRAWINGS OTHER THAN FOR THISPROJECT WITHOUT WRITTEN CONSENT FROM THELANDSCAPE ARCHITECT IS PROHIBITED. UNAUTHORIZEDUSE WILL BE SUBJECT TO LEGAL ACTION.JOEL OSGOOD, RLA14 CHURCH STREETASHEVILLE, NC 28801828.527.6466SHEET TITLEREVISIONSSEALISSUEDDRAWN BY: ZAC, RJBAPPROVED BY: JJODATE ISSUED: 16-JUN-2022MULBERRYFARM -MADISON, LLC.MARSHALL, NCSCALE: 1" = 50'-0"0' 25' 50' 100'NL-1.15SHEET 7 OF 9PRELIMINARYIMPACT PLANENLARGEMENTLEGEND PROPERTY BOUNDARY WETLAND - NO DISTURBANCE LINEAR WETLAND EXISTING OPEN WATER STREAM CULVERT TO REMAIN CULVERT TO BE REMOVE PROPOSED CULVERT PROPOSED WETLAND IMPACT PROPOSED STREAM IMPACT
2156'SOBWSOHEASCENSION WAY ASCENSION WAYWISDOM WAYCART PATHELEMENTAL WAY
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WISDOM WAYASCENSION WAYCULVERT TO BE REMOVED, TYP.LIMITS OF DISTURBANCE, TYP.LINEAR WETLAND, TYP.WETLAND, TYP.STREAM, TYP.PROPOSED WETLAND FILLIMPACT W11 (0.001 AC)PRELIMINARYFOR REVIEW PURPOSES ONLYNOT FOR CONSTRUCTIONCopyright 2022 - Osgood Landscape Architecture, Inc.THE DRAWINGS, SPECIFICATIONS AND OTHERDOCUMENTS PREPARED BY OSGOOD LANDSCAPEARCHITECTURE INC. FOR THIS PROJECT ARE INSTRUMENTSOF THE LANDSCAPE ARCHITECT'S SERVICE FOR USESOLELY WITH RESPECT TO THIS PROJECT. REPRODUCTIONOR USE OF THESE DRAWINGS OTHER THAN FOR THISPROJECT WITHOUT WRITTEN CONSENT FROM THELANDSCAPE ARCHITECT IS PROHIBITED. UNAUTHORIZEDUSE WILL BE SUBJECT TO LEGAL ACTION.JOEL OSGOOD, RLA14 CHURCH STREETASHEVILLE, NC 28801828.527.6466SHEET TITLEREVISIONSSEALISSUEDDRAWN BY: ZAC, RJBAPPROVED BY: JJODATE ISSUED: 16-JUN-2022MULBERRYFARM -MADISON, LLC.MARSHALL, NCSCALE: 1" = 50'-0"0' 25' 50' 100'NL-1.17SHEET 9 OF 9PRELIMINARYIMPACT PLANENLARGEMENTLEGEND PROPERTY BOUNDARY WETLAND - NO DISTURBANCE LINEAR WETLAND EXISTING OPEN WATER STREAM CULVERT TO REMAIN CULVERT TO BE REMOVE PROPOSED CULVERT PROPOSED WETLAND IMPACT PROPOSED STREAM IMPACT
Attachment C
Mulberry Gap Farms Aquatic Resources Impact Summary Table

Mulberry Gap Farms — Aquatic Resources Impact Summary Table
Stream impact Perennial Average Impact Impact
number Type of impact Stream name (PER)or Type of stream length area
Permanent(P)or intermittent jurisdiction width (linear
Temporary(T) (INT)? (feet) feet) (acres)
S1 —P Culvert Thomas Branch PER Corps 6 41 0.004
S2—P IMPACT REMOVED FROM PROJECT
S3—T Culvert Removal UT to Thomas Branch PER Corps 2 74 0.003
S4—T Culvert Removal UT to Thomas Branch PER Corps 2 27 0.001
S5—T Culvert Removal UT to Thomas Branch PER Corps 2 29 0.001
S6—T IMPACT REMOVED FROM PROJECT
S7—T Culvert Removal UT to Thomas Branch PER Corps 2 20 0.001
S8—P Fill Hopewell Branch PER Corps 3 18 0.002
(BDA HB4)
S9—P *Other Hopewell Branch PER Corps 3 175 0.016
(BDA HB4)
S10—P IMPACT REMOVED FROM PROJECT
S11 —P IMPACT REMOVED FROM PROJECT
S12—P IMPACT REMOVED FROM PROJECT
S13—P IMPACT REMOVED FROM PROJECT
S14—P IMPACT REMOVED FROM PROJECT
S15—P IMPACT REMOVED FROM PROJECT
S16—P IMPACT REMOVED FROM PROJECT
S17—P IMPACT REMOVED FROM PROJECT
S18—P IMPACT REMOVED FROM PROJECT
S19—P IMPACT REMOVED FROM PROJECT
S20—P IMPACT REMOVED FROM PROJECT
S21 —P IMPACT REMOVED FROM PROJECT
S22—P IMPACT REMOVED FROM PROJECT
S23—P IMPACT REMOVED FROM PROJECT
S24—P IMPACT REMOVED FROM PROJECT
S25—P IMPACT REMOVED FROM PROJECT
S26—P IMPACT REMOVED FROM PROJECT
S27—P IMPACT REMOVED FROM PROJECT
S28—P IMPACT REMOVED FROM PROJECT
S29—P IMPACT REMOVED FROM PROJECT
S30—P Stream Thomas Branch PER Corps 5 480 0.055
Enhancement
S31 —P Culvert UT Thomas Branch PER Corps 3 20 0.001
S32—P Culvert Removal UT Thomas Branch PER Corps 3 20 0.001
*Impact quantities designated as"other"represent the maximum possible extent of inundation from the BDA
structure.Proposed typical impact conditions will consist of a dynamic stream/wetland complex occurring on a Total 904 0.085
gradient from open water to channel flow,within the area indicated.Please refer to the Design Narrative
(Attachment A)for more information about the nature of this impact.

Wetland impact Type of Area of
number Type of impact Type of wetland Forested jurisdiction impact
Permanent(P) Corps (404,10)or
Temporary(T) DWQ(401, other) (acres)
W1 —P IMPACT REMOVED FROM PROJECT
W2—P IMPACT REMOVED FROM PROJECT
W3—P IMPACT REMOVED FROM PROJECT
W4—P IMPACT REMOVED FROM PROJECT
W5—P IMPACT REMOVED FROM PROJECT
W6—P *Other Bottomland Yes Corps 0.007
BDA HB4 Hardwood Forest
W7—P IMPACT REMOVED FROM PROJECT
W8—P IMPACT REMOVED FROM PROJECT
W9—P IMPACT REMOVED FROM PROJECT
W10—P Fill Bottomland Yes Corps 0.034
Hardwood Forest
W11 —P Fill Bottomland Yes Corps 0.001
Hardwood Forest
W12—P Fill Bottomland Yes Corps 0.001
Hardwood Forest
W13—P Fill Bottomland Yes Corps 0.010
Hardwood Forest
*Impact quantities designated as "other" represent the maximum possible extent of
inundation from the BDA structure. Proposed typical impact conditions will consist of a
dynamic stream/wetland complex occurring on a gradient from open water to channel Total 0.053
flow,within the area indicated. Please refer to the Design Narrative(Attachment A)for
more information about the nature of this impact.

Attachment D
NC DMS Credit Acceptance Letter

-141r iSIA7E a
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ROY COOPER pif' ; '
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Governor
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ELIZABETH S.BISER
Secretary . mr n
MARC RECKTENWALD NORTH CAROLINA
Director Environmental Quality
June 23, 2022
Richard Kelly
Mulberry Farm - Madison LLC
1126 Upper Thomas Branch Road
Marshall, NC 28753 Expiration of Acceptance: 12/23/2022
Project: Mulberry Gap Farms, LLC County: Madison
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in-
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s)an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location Impact Type Impact Quantity
(8-digit HUC)
French Broad 06010105 Cool Stream 315
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28,. Thank
you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional
information, please contact [e-mail].
Sincerely,
lt-4/
FOR James. B Stanfill
Asset Management Supervisor
cc: Jeff Golladay, agent
North Carolfna Department of Environmental QualItry I Division of Mitigation Services
r�:�n i-.Wool iw, t) 217 West Jones Street I1652 Mail Service Center RIetgh,North Carolina 27699-1h52
TM.^1ofEr^+ ^bl f'e 919.707.8976