20181314 Ver 1_Approval Letter_20190405

DocuSign Envelope ID: lD03FAAO-F59F-4756-AC07-2565049C4245
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
HNH Futures LLC
Attn: Chad Hollister
307 Scene -A -Rama Dr.
Blowing Rock NC 28607
STATE o
NORTH CAROLINA
Environmental Quality
April 5, 2019
DWR # 20181314
Watauga County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Watauga Storage
Dear Mr. Hollister:
You have our approval for the impacts listed below for the purpose described in your application dated
September 26, 2018, received by the Division of Water Resources (Division) September 28, 2018, , and
with subsequent information on December 3, 2018, January 23, 2019, and March 15, 2019. These
impacts are covered by the attached Water Quality General Certification Number 4139 and the
conditions listed below. This certification is associated with the use of Nationwide Permit Number 39
once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units) Amount Approved (units)
Permanent Temporary
404/401 Wetlands
0.40 (acres) 0 (acres)
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
�'—�`f 336-776-9800

DocuSign Envelope ID: lD03FAAO-F59F-4756-AC07-2565049C4245
HNH Futures LLC
DWR# 2018-1314
401APPROVAL
Page 2 of 4
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification(s)/Permit/Authorization and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
The Permittee shall stake the limits of disturbance and conduct a preconstruction meeting with
the construction contractor and environmental consultant prior to disturbance of the impact
area. The Division shall be notified of the meeting two weeks prior to its scheduled date. [15A
NCAC 02H.0507 (c) and 15A NCAC 02H .0502 (e)]
4. All wetlands, streams, and surface waters, located within 50 feet of the construction area on the
project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities and must be maintained on the property until the project phase is completed. [15A
NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
5. The Division approves the Stormwater Management Plan (SMP) consisting of two infiltration
basins and all associated stormwater conveyances, inlet and outlet structures, and the grading
and drainage patterns depicted on plan sheets dated September 24, 2018, which are
incorporated by reference and are enforceable by the Division. The following conditions also
apply [15A NCAC 02H .0506(b)(5)]:
a. The maximum allowable drainage area for the approved infiltration system shall be 93,958
square feet and the maximum allowable built -upon area within that drainage area shall be
43,529 square feet. Any changes to these allowable maximum areas shall require the
applicant to submit and receive approval from the Division prior to any construction or
modification of the current site.
b. The footprint of all stormwater management device(s) as well as an additional 10 -foot wide
area on all sides of the device(s) shall be located in either public rights-of-way, dedicated
common areas or recorded easement areas. The final plats for the project showing such
rights-of-way, common areas and easement areas, shall be in accordance with the approved
plans.
c. The approved SMP shall be constructed and operational before any permanent building or
other structure is occupied at the site.
d. The SMP may not be modified without prior written authorization from the Division.
e. Maintenance activities for stormwater management device(s) shall be performed in
accordance with the notarized O&M agreements signed by Chad Hollister (HNH Futures,
LLC) on January 15, 2019. The O&M agreement shall transfer with the sale of the land or
transfer of ownership/responsibility for the approved diffuse flow plan. The Division shall
be notified promptly of every transfer.

DocuSign Envelope ID: lD03FAAO-F59F-4756-AC07-2565049C4245
HNH Futures LLC
DWR# 2018-1314
401APPROVAL
Page 3 of 4
f. The applicant and/or authorized agent shall provide a completed Certificate of Completion
form to the Division within thirty (30) days of project completion (available at
https://edocs.deq.nc.gov/Forms/Certificate-of-Completion).
6. The permittee shall report to the Winston Salem Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A
NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day
if a weekend or holiday) from the time the applicant became aware of the circumstances. A
written submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description of the
noncompliance, and its causes; the period of noncompliance, including exact dates and times, if
the noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case-by-case
basis.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

DocuSign Envelope ID: lD03FAAO-F59F-4756-AC07-2565049C4245
HNH Futures LLC
DWR# 2018-1314
401APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Sue Homewood at 336-776-9693 or [e-mail] if you have any questions or
concerns.
Sincerely,
EDocuS�igfned by:
LJti l . c�J,Jtr
-4'B49EMC94EA...
Lon T. Snider
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4139
cc: Clement Riddle, ClearWater Environmental Consultants Inc. (via email)
Amanda Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file