20201654 Ver 2_Mulberry Farm BioRetention pond application form_20220714

DEMLR USE ONLY
Date Received Fee Paid Permit Number
Applicable Rules: ❑ Coastal SW- 1995 ❑ Coastal SW-2008 ❑ Ph II - Post Construction
(select al/thatapp4e) ❑ Non-Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ M mt Plan:
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Project Name (subdivision,facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Mulberry Farm
2. Location of Project(street address):
1126 Upper Thomas Branch Rd.
City:Marshall County:Madison Zip;28753
3. Directions to project(from nearest major intersection):
Approximately 1 mile northeast on Upper Thomas Branch Road from the intersection of 25-70 and Upper thomas Branch
Road.
4. Latitude: 35 0 51 • 50.4 . N Longitude: 82 ° 43 ' 54-6 ,W of the main entrance to the project.
11. PERMIT INFORMATION:
1.a.Specify whether project is (check one): ®New ❑Modification ❑ Renewal w/ Modificationt
tRenewals with modifications also requires SWU-102-Renewal Application Form
b.lf this application is being submitted as the result of a modification to an existing permit, list the existing
permit number , its issue date(if known) and the status of
construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's
certification
2. Specify the type of project(check one):
®Low Density ❑High Density []Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of a previously returned application or a letter from DEMLR
requesting a state stormwater management permit application, list the stormwater project number, if
assigned, and the previous name of the project, if different than currently
proposed,
4.a.Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major ®Sedimentation/Erosion Control: 4.04 ac of Disturbed Area
❑NPDES Industrial Stormwater ®404/401 Permit: Proposed Impacts
b.lf any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit:Erosion Control MADIS-2021-002
404/401 DWR20201654
5. Is the project located within 5 miles of a public airport? ®No ❑Yes
Form SWU-101 Version Oct.31,2013 Page 1 of

If yes, see S.L. 2012-200,Part VI.-
Ill. CONTACT INFORMATION
1.a.Print Applicant/Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc.who owns the prroiectl:
Applicant/Organization: Mulberry Farm - Madison, LLC
Signing Official &Title: Deborah Mills Authorized Signatory
b.Contact information for person listed in item 1a above:
Street Address: 1126 Upper Thomas Branch Road
City: Marshall State: NC Zip: 28753
Mailing Address t/fapp/icabie): As above
City: State: Zip:
Phone: [phone] Fax: I 1
Email: damills7200aol.com
c. Please check the appropriate box.The applicant listed above is:
® The property owner(Skip to Contact Information, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
❑ Developer*(Complete Contact Information, item 2a and 2b below.)
2.a.Print Property Owners name and title below, if you are the lessee, purchaser or developer. (This is the person
who owns the property that the project is located on):
Property Owner/Organization:
Signing Official &Title:
b.Contact information for person listed in item 2a above:
Street Address:
City: State: Zip:
Mailing Address(if applicable):
City: State: zip:
Phone: I 1 Fax: ( 1
Email:
3.a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization: Kevin Davis Lehrer Cumming
Signing Official &Title: Project Director
b.Contact information for person listed in item 3a above:
Mailing Address: 1126 Upper Thomas Branch Road
City: Marshall State: NC Zip: 28753
Phone: 1 [phone] Fax: ( 1
Email: [e-mail]
4. Local jurisdiction for building permits:
Point of Contact: Phone#: ( )
Form SWU-101 Version Oct.31,2013 Page 2 of 8

IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
Bio-retention ponds
2.a.If claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUD Approval Date:
❑Valid Building Permit Issued Date:
❑ Other: Date:
b.lf claiming vested rights, identify the regulation(s) the project has been designed in accordance with:
❑ Coastal SW— 1995 ❑ Ph II—Post Construction
3. Stormwater runoff from this project drains to the French Broad River basin.
4. Total Property Area:77 acres 5. Total Coastal Wetlands Area:0 acres
6. Total Surface Water Area:U acres
7. Total Property Area (4)—Total Coastal Wetlands Area (5)—Total Surface Water Area (6) = Total Project Area*:
77 acres
* Total project area shall be calculated to exclude the following.- the normal pool of impounded structures,
the area between the banks of streams and rivers, the area below the Normal High Water(NHW)line or
Mean High Water(MHW)line, and coastal wetlands landward from the NHW(or MHW)line. The resultant
project area is used to calculate overall percent built upon area(BUA). Non-coastal wetlands landward of
the NHW(or MHW)line maybe included in the total project area.
8. Project percent of impervious area: (Total Impervious Area/Total Project Area)X 100 = 1.4%
9. How many drainage areas does the project have?t (For high density, count 1 for each proposed
engineered stormwater BMR.. For low density and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
Form SWU-I01 Version Oct. 31,2013 Page 3 of 8

Basin Information Drainage Area 1 Draina a Area Draina a Area Draina a Area
Receiving Stream Name Hopewell Branch
Stream Class * C
Stream Index Number* 6-109-4
Total Drainage Area (sf) 144,534
On-site Drainage Area (sf) 144,534
Off-site Drainage Area (sf) 0
Proposed Impervious Area**(sf) 155,081
% Impervious Area**(total) 1.6%
Impervious'Surface Area Drainage Area 1 Drainage Area Drainage Area Drainage Area
On-site Buildings/Lots (sf) 26,571
On-site Streets (sf)
On-site Parkin (sf) 28,510
On-site Sidewalks (sf)
Other on-site (sf)
Future (sf)
Off-site (sf)
Existin BUA*** (sf)
Total (sf): 155,081
* Stream Class and Index Number can be determined at
** Impervious area is defined as the built upon area including, but not limited to, buildings, roads,parking
areas, sidewalks,gravel areas, etc.
***Report oniy that amount of existing BUA that will remain after development. Do not report any existing
BUA that is to be removed and which will be replaced by new BUA.
11. How was the off-site impervious area listed above determined? Provide documentation. None
Projects in Union County: Contact DEMLR Central Office staffto check ijthe project is located within a Threatened&
Endangered Species watershed that maybe subject to more stringent stormwater requirements as per 15A NCAC 02B.0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land
Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction
sheet and BMP checklists are available from . The
complete application package should be submitted to the appropriate DEMLR Office. (The appropriate office may
be found by locating project on the interactive online map at )
Please indicate that the following required information have been provided by initialing in the space provided for
each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each
submitted application package from
Initials
1. Original and one copyof the Stormwater Management Permit Application Form.
2. Original and one copyof the signed and notarized Deed Restrictions& Protective Covenants
Form. (if required as per Part Vll below)
3. Original of the applicable Supplement Form(s) (sealed, signed and dated)and O&M
agreement(s)for each BMP.
4. Permit application processing fee of$505 payable to NCDENR. (For an Express review, refer to
hiip://www.envhelp.o[g/pages/onestopexpress.htmi for information on the Express program
Form SWU-101 Version Oct.31,2013 Page 4 of 8

and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative(one to two pages) describing the stormwater treatment/management for
the project. This is required in addition to the brief summary provided in the Project
Information, item 1.
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within 1/z mile of the site boundary, include the 1/2
mile radius on the map.
7. Sealed, signed and dated calculations(one copy).
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, &dated), including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures,the banks of streams and rivers, the MHW or NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures,the banks of streams or rivers, and the MHW(or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings &distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
I. Details of roads, drainage features, collection systems, and stormwater control measures.
m.Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p. Vegetated buffers(where required).
9. Copy of any applicable soils report with the associated SHWT elevations (Please identify
elevations in addition to depths)as well as a map of the boring locations with the existing
elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to ORO:Schedule a site visit for DEMLR to verify the SHI&T prior
to submittal, [phone].)
10. A copy of the most current property deed. Deed book: 685 Page No: 626
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC
Secretary of State or other official documentation,which supports the titles and positions held
by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 2H.1003(e).
The corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
hiil27//www.secreta[y.state.nc.us/Corporations/"`C" Search.aspx
Form SWU-101 Version Oct.31,2013 Page 5 ofr8

VIL DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built-upon area must be provided
as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and
protective covenants forms can be downloaded from
.Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below,the permit holder(s)certify that the recorded property restrictions and
protective covenants for this project, if required,shall include all the items required in the permit and listed on the
forms available on the website,that the covenants will be binding on all parties and persons claiming under them,
that they will run with the land,that the required covenants cannot be changed or deleted without concurrence
from the NC DEMLR,and that they will be recorded prior to the sale of any lot.
Vlll. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer: AA a✓✓', !A<� f C
Consulting Firm: ti✓Ce✓ iOt fi4+ 0- ✓"4 'v(
Mailing Address: J2 r), 13jX
City: 4/ceyer✓1t State: Alt- zip: If?-/?-
Phone: ( Q14 Fax: ( 1
Email: NLc o�
IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this
section)
I, (print or type name of person listed in Contact Information, item 2a) certify that
own the property identified in this permit application, and thus give permission to (print or type name ofperson
listed in Contact Information, item la) with (print or type name of organization listed
in Contact Information, item la) to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal,which indicates the
party responsible for the operation and maintenance of the stormwater system.
Form SWU-101 Version Oct.31,2013 Page 6 of 8

UNANIMOUS WRITTEN CONSENT
FOR MULBERRY FARM - MADISON, LLC
The undersigned, being all the managers of Mulberry Farm-Madison, LLC do hereby
waive any requirement of a meeting and any notice thereof, and do hereby adopt the following
resolutions by signing his written consent hereto, in lieu of a special meeting. The undersigned
do hereby certify the accuracy of the applicable information set forth below:
1. That the undersigned are all managers of Mulberry Farm-Madison, LLC, a Delaware
limited liability company (the "Company") duly organized, validly existing and in good
standing under the laws of Delaware
2. In connection with the buildings works that are ongoing at the property known as 1126
Upper Thomas Branch Road Marshall, NC, 28753 it is necessary to submit the attached
Stormwater Management Permit Application Form to the State of North Carolina,
Department of Environment and Natural Resources, Division of Energy, Mineral and
Land Resources (the"Permit Application").
NOW THEREFORE, IT IS RESOLVED that Deborah Mills ("Ms. Mills") be and is
authorized to execute the Permit Application (together with such changes as Ms. Mills
shall in her absolute discretion consider necessary or appropriate) for and on behalf of
the Company. Ms. Mills be and is authorized to do all acts and to execute any further
documents that may be required in connection with the Permit Application.
In witness whereof, we have executed this Unanimous Written Consent on behalf of the
Company,this 4th day of May, 2022.
Managers:
Richard Kelly
amen Hawks

As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
agent(entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back
to me, the property owner.As the property owner, it is my responsibility to notify DEMLR immediately and submit
a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment
facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid
permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including
the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature: Date:
I, a Notary Public for the State of County of
do hereby certify that personally appeared before me this
day of and acknowledge the due execution of the application for a
stormwater permit. Witness my hand and official seal,
SEAL
My commission expires
I
I
Form SWU-101 Version Oct.31,2013 Page 7 of 8

X. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in Contact Information, item la)
certify that the information included on this permit application form is,to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of the
applicable stor/m/nw�aat�terr rules under 15A NCAC�2H .�10/J00 and any other applicable state stormrwater requirements.
Signature: nli'I�JCy t / [ c CX/ 1 Date: J g L 2-
I, 71 a re a Notary Public for the State of IV91`IA d roh a,. County of
Ma ot// O do hereby certify that U e io ra h 11( i//S personally appeared before me this
4 day of 2oZZ, and acknowl dge the due execution of the application for a
stormwater permit. Witness my hand and official seal, ✓
5 : NOTA /Zy:
3�. PUB L1C rV=
SEAL
My commission expires
I
Form SWU-101 Version Oct.31,2013 Page 8 of 8