20201654 Ver 1_More Time Email_20210330

Moore, Andrew W
From: Moore, Andrew W
Sent: Tuesday, March 30, 2021 10:47 AM
To: McLendon, C S CIV USARMY CESAW (USA)
Cc: Brandee Boggs([e-mail]); Homewood, Sue
Subject: Time Extension Request, Mulberry Gap Farm, Madison County
Chief McLendon,
On February 2, 2021, DWR received an application from Mulberry Farm — Madison LLC for an Individual 401 Water
Quality Certification for Mulberry Gap Farm (DWR # 20201654). DWR requests your written concurrence that a
reasonable period of time for consideration of the Mulberry Farm — Madison LLC 401 application is 120 days from the
public notice issued by the USACE. In support of this request we direct your attention to the following considerations:
• Magnitude of potential impacts to aquatic resources: The Mulberry Farm — Madison LLC application proposes to
impact/convert 1,695 of stream and 0.079 acres of wetland associated with Beaver Dam Analog (BDA)
structures. Additional stream and wetland impacts are proposed associated with a road network and stream
enhancement activities.
• Non -Typical Activity: To our knowledge BDA structures have never been permitted in North Carolina and very
few of these structures have been permitted in the eastern United States. DWR is evaluating the appropriate
topographic setting and ecological function of these proposed structures and how these structures may affect
the designated uses of streams and wetlands provided in state rule.
By making this request, DWR does not waive its right to determine that additional information or time is necessary to
process the application. Further, DWR does not waive its right to contest the legality of the Corps' August 7, 2019
Regulatory Guidance Letter, Corps regulations implementing section 401 of the Clean Water act, or any actions taken by
the Corps pursuant thereto.
We respectfully request that you provide your written concurrence within five (5) days.
Andrew W. Moore, PG
Environmental Specialist II — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4684 office
email: Andrew.W.Moore(c�ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
1