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HomeMy WebLinkAbout20201654 Ver 2_RPOT extension request_20220414DocuSign Envelope ID: 49FA2820-06C7-4ADO-88FF-86F025FE6C7C ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Mr. Tommy Fennel Chief, Regulatory Division U.S. Army Corps of Engineers Wilmington District Subject: Dear Chief Fennel, NORTH CAROLINA Environmental Quality April 14, 2022 Responsible Period of Time Extension Request Mulberry Gap Farms 401 Water Quality Certification, Madison County Corps Action ID# SAW-2020-00632; DWR# 20201654 v2 On January 27, 2022, the Division of Water Resources (DWR) received an application from Mulberry Farms — Madison LLC for an Individual 401 Water Quality Certification for Mulberry Gap Farms for the proposed School of Wholeness and Enlightenment, a residential education and training center in Madison County. The project previously applied for an Individual 401 Certification on February 5, 2021 and the Division denied the application as incomplete on July 28, 2021. DWR respectfully requests that the reasonable period of time be extended until July 31, 2022. In support of this request, we direct your attention to the following considerations: Pending information request: DWR sent a request for more information to the applicants dated March 10, 2022. The applicants requested an extension to respond to the DWR request by May 10, 2022. The Division is unable to complete its review and determine the project's compliance with state water quality standards until receipt and review of the required additional information. USACE Pending information request: Based on communication with the Asheville Regulatory Field Office DWR understands that the USACE will be requesting additional information of the applicant. Information requested within that letter is very likely to directly impact DWR's 401 certification review and therefore is necessary prior to DWR making a final certification decision. 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 D_E NORTH CAROLINA napermrene m EIMrnwren al gnaiiry North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: 49FA2820-06C7-4ADO-88FF-86F025FE6C7C 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 by May 18, 2022. If you have any questions, please contact Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov. cc: Scott Jones, USACE Asheville Field Office Brandee Boggs, USACE Asheville Field Office DWR 401 & Buffer Permitting Branch file NORTH CAROLINAD E ffaperhrentof Emironmente 14uaI\ Sincerely, DocuSigned by: � e 10o1/.0 949D91BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000