20201654 Ver 2_More Info Requested_20220615

DocuSign Envelope ID: 4C9416D0-79E1-45ED-A6CF-13D91A3AA6AF
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 14, 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. On March 11, 2022
the Division requested additional information in order to continue our review and received a response
from your consultant on May 11, 2022. Upon review of the response the Division has determined that
your application is still incomplete and cannot be processed at this time. The application is on -hold until
all of the following information is received:
1. With regards to the Beaver Dam Analogs (BDAs), please provide the following additional
information:
a. The Operation and Maintenance Plan does not include the information previously
requested regarding removal of sediment accumulation within the pool areas. While
the Division understands that specific decisions and timing will be on a case -by -case
basis, please provide information regarding how decisions will be determined.
Please include information regarding what depths and what locations (e.g. deep
pools, shallow areas, the entire backwater) sediment removal would be expected.
Will sediment accumulation be expected in vegetated areas? How will downstream
waters be protected from sediment loss and/or increased turbidity when sediment
removal is occurring? [15A NCAC 02H .0506(b)(2) and (3)]
NORTH ntntE NA
o.p.rereM m Environmental o..nry
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: 4C9416D0-79E1-45ED-A6CF-13D91A3AA6AF
Mulberry Farm — Madison LLC
DWR# 20201654 v2
2nd Request for Additional Information
Page 2 of 3
2. With regards to the Stormwater Management Plan for the project please provide the
following additional information. [15A NCAC 02H .0506(b)(2) and (3)]
a. Pease provide Supplemental EZ form for the proposed bio-retention cell. Applicable
forms are available at https://deq.nc.gov/about/divisions/energy-mineral-and-land-
resources/stormwater/stormwater-program/stormwater-design
b. Please provide O&M Plan/Agreements for the proposed bio-retention cell and rain
gardens
c. Please provide copy of any applicable soils report with the associated SHWT
elevation where the bio-retention cell is being proposed
d. Please provide information on total drainage area (in ft2) and BUA (in ft2) that will be
captured by the proposed bio-retention cell
3. While the Division acknowledges that the proposed mitigation plan is conceptual at this time
and that you propose to submit a mitigation plan in August 2022, we are unable to certify
this project based on the conceptual information provided at this time and regulatory
timeframes limit the Division's ability to accept your proposed schedule. Please indicate
whether you would like to withdraw this application and resubmit it when a final Permittee
Responsible Mitigation Plan can be provided, or provide an alternative mitigation plan such
as payment into an In -Lieu fee program or mitigation bank. [15A NCAC 02H .0506(c)]
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.
NORTH raaoJNa
Department at Environmental Puolity
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: 4C9416D0-79E1-45ED-A6CF-13D91A3AA6AF
Electronic cc:
Mulberry Farm — Madison LLC
DWR# 20201654 v2
2nd Request for Additional Information
Page 3 of 3
Sincerely,
DocuSigned by:
POW/ 1,00/pdf4: 949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
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
NORTH CAROLINAD E
ffaperhrentof Emironmente 14uaI\
Filename: 20201654v2_Mulberry Gap Farms_401_Addlnfo2.docx
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