20201654 Ver 1_More Info Requested_20210415

April 15, 2021

DWR # 20201654
Madison County

Mulberry Farm – Madison LLC
Attn: Mr. Richard Kelly
1126 Upper Thomas Branch Road
Marshall, NC 28753

Subject: REQUEST FOR ADDITIONAL INFORMATION
Mulberry Gap Farms

Dear Mr. Kelly:

On February 2, 2021, the Division of Water Resources (Division) received your application dated
February 2, 2021, requesting a 401 Water Quality Certification from the Division for your project. On
February 17, 2021 we notified you that the project would require an Individual 401 Water Quality
Certification and on March 4, 2021 the US Army Corps of Engineers (USACE) issued a Public Notice for
the proposed project which completed the application process and began the Division’s review period in
accordance with 15A NCAC 02H .0506. The Division has determined that your application is incomplete
and cannot be processed. The application is on-hold until all of the following information is received:
1. If the USACE requests a response to any comments received as a result of the Public Notice,
please provide the Division with a copy of your response to the USACE. [15A NCAC 02H
.0502(c)]

2. The Division believes the overall project purpose may be achieved by avoiding the impacts
associated with the beaver dam analog (BDA) structures. Please explain why the ecological
function of the streams and wetlands on site cannot be improved using natural channel design
techniques such as in-stream structures to provide bedform diversity and floodplain access
and/or by removing invasive vegetation and re-establishing native vegetation. Please be aware
that if it is determined that impacts to the streams and wetlands associated with the BDAs
cannot be avoided, then the conversion of streams and wetlands to open water will be
considered a loss of existing use and will require mitigation. [15A NCAC 02H .0506(b)(1)]

3. The project proposes to impact a wetland (NJW1) that the USACE has determined is not subject
to Section 404 of the Clean Water Act (CWA). Please clarify whether the subject wetland is
eligible for permitting under the 15A NCAC 02H .1300 rules for discharges to isolated wetlands
and isolated waters. You must provide documentation that the wetland meets the definition of
isolated previously used by the USACE (see
DocuSign Envelope ID: D9737C7B-8B78-48D3-B93C-5C2E894DFA5E

Mulberry Farm – Madison LLC
Request for Additional Information
Page 2 of 3

https://files.nc.gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/401/Policies_Gui
des_Manuals/cwa_jurisdiction_following_rapanos120208.pdf). Please note that if the wetland is
not eligible for coverage under 15A NCAC 02H .1300 then there is currently no permitting
mechanism to apply for impacts to the wetland and you should consider modifying your project
to avoid impacts to the wetland. [15A NCAC 02H .0506(b)]

4. It appears that there may be another non-jurisdictional wetland proposed for impact, depicted
on Figure 5A, associated with the road network in the vicinity of the School of Business Wisdom.
The feature is depicted in pink hatching and the road appears to cross it. Please clarify if impacts
to this wetland will be avoided. [15A NCAC 02H .0506(b)]

5. There is a wetland at the lower end of the stream enhancement reach. Will this wetland be
impacted in any way (e.g. construction access) during stream enhancement activities? If so, how
will the wetland be restored following construction? [15A NCAC 02H .0506 (a)(6) and (7) and
15A NCAC 02H .0506(b)(2)]

6. How will the disturbed areas, and in particular the stream banks, associated with the culvert
removals be stabilized and/or restored? [15A NCAC 02H .0506(b)(2)]

7. Please confirm stormwater from built upon area will be transported via dispersed flow and
vegetated conveyances. Please provide additional details regarding the stormwater treatment
plan for the welcome center parking lot. The Division of Water Resources will be responsible for
review and approval of any stormwater management plan associated with the development.
[15A NCAC 02H .0506(b)(3)]

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 Water Quality Certification Rules for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.

DocuSign Envelope ID: D9737C7B-8B78-48D3-B93C-5C2E894DFA5E

Mulberry Farm – Madison LLC
Request for Additional Information
Page 3 of 3

Please contact Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.

Sincerely,

Jeffrey Poupart, Section Chief
Water Quality Permitting Section
Division of Water Resources

cc: Clement Riddle and Alea Tuttle, ClearWater Environmental Consultants (via email)
Brandee Boggs, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Byron Hamstead, USFWS (via email)
DWR ARO 401 files
DWR 401 & Buffer Permitting Unit

DocuSign Envelope ID: D9737C7B-8B78-48D3-B93C-5C2E894DFA5E