20201654 Ver 2_More Info Requested_20220310

March 11, 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. 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. Please submit site plans that shows all proposed buildings, roads, other infrastructure and all
proposed impacts at a 1”:50’ scale. Figure 5A is insufficient to sufficiently evaluate the
project and detailed figures 5B -5D do not show the entire project and/or all impact areas.
[15A NCAC 02H .0502(9)]
2. Please explain why you are proposing to remove culvert S4 and re-install a new culvert just
upstream at S31. Utilizing the existing crossing location would provide further avoidance and
minimization of total impacts. [15A NCAC 02H .0506(b)(1) and (2)]
3. Why has stream impact S22 been removed from the impact table? It appears that TB4B is
still proposed and would impound water at this location. [15A NCAC 02H .0502(4) and (6)]
4. Please provide some clarification regarding the 480 feet of stream enhancement proposed
for Thomas Branch. Please provide:
a. Estimated dimensions of the log jam structures;
b. Provide clarification as to which portions of the right bank will be stabilized with
revetments and which type of revetments.
DocuSign Envelope ID: 5E9685A2-5C58-4A5D-936C-979950A31010

Mulberry Farm – Madison LLC
DWR# 20201654 v2
Request for Additional Information
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5. Please provide US Army Corps of Engineers (USACE) confirmation for all Isolated wetlands.
[15A NCAC 02H .1301]
6. With regards to the Beaver Dam Analogs (BDAs), please provide the following additional
information:
a. It appears that the Hopewell Branch BDA will impact a wetland by inundation that is
not shown on the Impacts Plan. According to Predicted Depth Map 5 the upper limits
of inundation will impact the wetland shown downstream of the bridge however this
wetland has not been called out on Figure 5B: Impacts Plan – Hopewell Branch.
Please revise impact tables and calculations to include this wetland feature. [15A
NCAC 02H .0502(4) and (6)]
b. The Operation and Maintenance Plan does not include any information on the
removal of sediment accumulation within the pool areas. Prior information and
discussion indicated that sediment is likely to be trapped behind the BDAs and that
periodic maintenance may be necessary. Please include information regarding when
sediment removal would be expected, what locations within the backwater areas it
would be proposed to be maintained and how the work would be conducted. [15A
NCAC 02H .0506(b)(2) and (3)]
c. The monitoring location maps do not include all monitoring activities that are
proposed within the Monitoring Plan. Please provide specific locations for all
proposed monitoring activities. For example, the monitoring proposal indicates that
groundwater and surface water level monitoring will be conducted but locations for
proposed wells and/or gages have not been provided. [15A NCAC 02H .0506(b)(2)
and (3)]
7. Please submit a complete Stormwater Management Plan for the project. [15A NCAC 02H
.0506(b)(2) and (3)]
a. The application states that a Stormwater Management Plan for the reception center
and guest parking lot would be submitted by February 25, 2022. To date the Division
has not received this information. Please ensure that when it is submitted it includes
all appropriate supplemental forms, O&M agreements, calculations, engineering
drawings, etc., that complies with the requirements of the State Stormwater
Program. The Stormwater Design Manual and applicable forms may be found on the
DEMLR’s website at https://deq.nc.gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-permit-guidance/stormwater-bmp-manual. In
addition, please also submit the application form SWU-101 (attached). However, the
$505 application fee and last two signature pages of this form may be omitted.
b. The application states that the overall site response regarding stormwater and
drainage is to use an Integrated Water Resources Plan for the project that integrates
natural patterns of hydrology into the site master plan. Please provide more detailed
information regarding stormwater from all impervious surfaces throughout the
project. Specifically identify all new impervious surfaces on an overall plan sheet and
DocuSign Envelope ID: 5E9685A2-5C58-4A5D-936C-979950A31010

Mulberry Farm – Madison LLC
DWR# 20201654 v2
Request for Additional Information
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provide indication of stormwater collection/conveyance for each drainage area will
be managed. The Division is particularly interested regarding impervious surfaces
within 50 feet of streams and/or on steep topography where overland flow may not
be successful and may lead to channelization and/or erosion. For any areas where
measures such as rain gardens, vegetated swales, or other constructed stormwater
control measures are proposed, provide detailed information regarding the sizing,
location and outlets of such measures.
8. With regards to the proposed Permittee Responsible Mitigation plan: [15A NCAC 02H
.0506(c)]
a. Pursuant to 15A NCAC 02H .0506(c)(5), the Division requires a mitigation ratio of 1:1.
Please also note that pursuant to 15A NCAC 02H .0506(c)(5) additional multipliers are
applicable for any proposed mitigation that is not classified as restoration (e.g.
enhancement, preservation). Please provide a revised mitigation plan that will meet
the requirements of 15A NCAC 02H .0506(c).
b. While the Division acknowledges that the proposed mitigation plan is conceptual at
this time, certain basic information is required for the Division’s consideration of the
proposed mitigation plan:
i. The application states that the mitigation plan will be developed in
accordance with the 2013 Mitigation Guidance. Please note that the 2016
Mitigation Guidance is the appropriate current document.
ii. Information regarding long term protection mechanisms and stewardship of
the proposed mitigation site.
iii. Conceptual plans for the mitigation site with enough information to
determine what lengths are proposed for the various stream mitigation
activities of restoration, enhancement and preservation and the width of
protected buffers and any conflicts with existing or proposed activities within
the mitigation site (roads, trails, utilities, etc)
iv. Upon receipt of this information the Division will require a site visit to the
proposed mitigation site.
9. With regards to the responses provided to prior WRC comments please address the
following:
a. Attachment H (#3a) notes that the deep marsh/submergent zone (Zone D) will no
longer be planted due to the limiting water depths. However, Sheet L-2.00 still lists
species to be planted in that zone.
b. Attachment H (#3b) notes that the species list has been revised per input from Kevin
Caldwell and is provided in engineering plans sheet C805. This is not included in the
application materials, and the species lists in Sheet L-2.00 of Attachment C and pp.
27-28 of Attachment A have not changed.
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Request for Additional Information
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c. Sheet L-2.00 (Attachment C) still includes alternative species that Attachment H (#3d)
notes would be eliminated.
d. The monitoring plan does not reflect 7 years of vegetation monitoring as noted in #4
of Attachment H; instead, 3 years of monitoring reports are proposed. In addition,
CVS plots are still described as the method for vegetation monitoring instead of line
transect monitoring noted in Attachment H.

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.

Sincerely,

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_AddInfo.docx

DocuSign Envelope ID: 5E9685A2-5C58-4A5D-936C-979950A31010

Mulberry Farm – Madison LLC
DWR# 20201654 v2
Request for Additional Information
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DocuSign Envelope ID: 5E9685A2-5C58-4A5D-936C-979950A31010