20201654 Ver 1_USACE Correspondence_20210414

April 14, 2021

Regulatory Division

Action ID: SAW-2020- 00632

Mr. Richard Kelly
Mulberry Farms- Madison LLC
1126 Upper Thomas Branch Road
Marshall, North Carolina 28753

Dear Mr. Kelly

Reference is made to your February 1, 2021, Department of the Army (DA) permit
application for Mulberry Gap Farms Project in Marshall, Madison County, North
Carolina. The Corps performed a site visit on March 25, 2021, and observed land
clearing, grading, and construction activities associated with the development project
are being conducted. The Corps has confirmed these activities are within the proposed
project area for the development project. It is noted the application for the development
project and the proposed associated impacts to waters of the United States (WoUS) is
currently under review and evaluation by the Corps. The DA has not issued a decision
for the proposed impacts to WoUS at this time.

With this letter the Corps is informing you that undertaking activities in areas outside
of the Corps jurisdiction associated with the proposed development project does not
imply that this office will necessarily approve the proposed impacts to WoUS currently
under review or any future proposal to impact WoUS on this property. The ongoing
clearing, grading, and construction activities will not affect the Corps’ current review or
any future proposed impacts to WoUS. These activities within the development project
area will not be an adequate justification for authorization of the proposed impacts
currently under review or authorization of future impacts.

The Corps will examine the proposed impacts to WoUS for the proposed
development project and any future proposal to impact WoUS to ensure you have
avoided, minimized, and/or mitigated for unavoidable impacts. At this time, the
proposed impacts to WoUS outlined in your application is being evaluated by the Corps
to determine if measures you have proposed to avoid, minimize, and mitigate for
unavoidable impacts to WoUS are applicable and appropriate.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006

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No authorization has been issued by the DA to impact WoUS for the development
project or for any other activities at this property. Any impacts to WoUS within the Corps
jurisdiction will be a violation of federal law under the Clean Water Act, Section 301 (33
USC 1311), and may be consider a knowing violation of federal law. This can result in
issuance of a notification of unauthorized activity and cause the current application
requesting DA authorization to be administratively withdrawn.

If you have any questions please contact me at 828-271-7980, extension 4224, or
via email at [e-mail].

Sincerely,

Brandee Boggs
Regulatory Specialist
Asheville Regulatory Field Office

cc:

Mr. Byron Hamstead
U.S. Fish & Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801

Mr. Andrew Moore
North Carolina Division of Water Resources
2090 U.S. Highway 70
Swannanoa, North Carolina 28778

Ms. Sue Homewood
North Carolina Division of Water Resources
450 W. Hanes Mill Road
Suite 300
Winston Salem, North Carolina 27105

Ms. Andrea Leslie
North Carolina Wildlife Resources Commission
645 Fish Hatchery Road
Marion, North Carolina 28752

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Mr. Clement Riddle
ClearWater Environmental Consultants, Inc.
32 Clayton Street
Asheville, North Carolina 28801

Mr. Todd Bowers
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303