20181314 Ver 2_401 Application_20190531

May 28, 2019
CLearWaLer
C1earWater Environmental Consultants, Inc.
www.cwenv.com
Ms. Amanda Jones
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
IJAI Li
Ms. Karen Higgins ,-
NC DWR, 401 & Buffer Permitting Unit
512 N. Salisbury Street, 91h Floor
Raleigh, North Carolina 27604
Subject: Permit Modification Request
Watauga Storage
Boone, Watauga County, North Carolina
USACE Action ID SAW -2018-01924
DWR # 20181314
Dear Ms. Jones and Ms. Higgins,
oCC�L�aMC�
MAY 3 1 2019
OM -WATER RESOURCES
401 & BUFFERPERMITTING
Please find this letter requesting a Permit Modification to the subject permits issued by
the US Army Corps of Engineers on December 21, 2018 (Appendix A) and the NC
Department Water Resources on April 5, 2019 (Appendix B). This permit modification
request is being submitted for the Watauga Storage property on behalf of HNH Futures,
LLC represented by Mr. Chad Hollister.
It is our understanding that the proposed site plans submitted to the agencies with the Pre -
Construction Notification dated September 27, 2018 was not compliant with the NC
Department of Transportation (NC DOT) and Watauga County Planning Department
regulations regarding accessibility to adjacent roadways. NC DOT and the County
require access from both Whispering Pines Road and Old US Highway 421. This
proposed layout is included in the attached Figure CGN102 — Wetland Impact Plan.
As indicated in the bold hatch area in the attached Figure CGN 102, the total wetland
impact for the revised site plan equals 0.36 acres. Therefore, the total acres of wetlands
proposed to be impacted with this modification request remains less than the original
proposed impact acreage of 0.40 acres.
The original proposed impact acreage of 0.40 was reported in error. Due to multiple
layouts prepared by the engineer, 0.40 acres was mislabeled on the final proposed layout.
The impact area submitted in the September 27, 2018 PCN should have been reported as
0.31 acres according to Clayton Engineering & Design, PLLC. Therefore, although the
impact acreage appears to have increased in size, it is less than the original proposed
impact acreage of 0.40.
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel

With these proposed changes, Table C.2. from the September 27, 2018 PCN would be
modified as follows:
2a.
2b. Type of
2c. Type of
2d. 2e. Type of
2f. Area of
Wetland
impact
wetland
Forested jurisdiction Corps
impact
Impact
(404, 10) or DWQ
(acres
401, other
W1 P
Fill
Seep
Yes Corps
0.298
W2 P
Fill I
Seep
Yes I Corps
0.061
2g. Total Wetland Impacts:
0.359
Additionally, the applicant would like to replace existing hardwood trees, located within
the jurisdictional wetland between the proposed storage facility and Old US Highway
421, with native wetland shrubs. Proposed shrub species may include Buttonbush
(Cephalanthus occidentalis), Elderberry (Sambucus), Spicebush (Lindera benzoin),
Marsh elder (Iva frutescens), and Winterberry (Ilex verticillate).
The applicant respectfully requests that the 401 and 404 permits be modified to reflect the
above changes. Should you have any questions or comments concerning this project
please do not hesitate to contact me at 828-698-9800.
Sincerely,
Anna Priest, P.W.S.
Project Manager
P. SC4*
R. Clement Riddle, P.W.S.
Principal
Appendices:
A: 404 USACE Permit - December 21, 2018
B: 401 NC Division of Water Resources Permit — April 5, 2019
cc:
US Fish and Wildlife Service — Byron Hamstead
NC Wildlife Resources Commission — Andrea Leslie
NC Division of Wildlife Resources — Sue Homewood

Appendix A
US Army Corps of Engineers Permit Action ID SAW -2018-01924
December 21, 2018

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2018-01924 County: Watauga U.S.G.S. Quad: Deep Gap
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: HNH Futures, LLC / Attn: Chad Hollister
Address: 307 Scene -A -Rama Drive
Blowing Rock, NC 28607
Telephone Number: 252-414-0875
Size (acres):
2.2 acre
Nearest Town:
Boone
Nearest Waterway:
Brown Branch
Coordinates:
36.227200 -81.608398
River Basin/HUC:
New River / 005050001
Location description: The site is located on Whispering Pines Road, in Boone, Watauga County, NC.
Description of projects area and activity: This permit authorizes placement of fill for the construction of a storage unit
commercial business. Impacts to wetlands authorized by this permit total 0.4 acres.
Special Conditions:
1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the
provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer
Foran. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as
special conditions of this permit authorization.
2. If additional impacts to waters of the U.S., either on this property or on/adjacent to this property in association with
this development/project are proposed at a later date then those impacts will be combined with the current impacts to
waters of the U.S. and will be reviewed cumulatively. Generally, compensatory mitigation will be required if
individual or cumulative (i.e. past and present) losses or degradation of waters of the U.S. are greater than 150 linear
feet of stream channel and/or 0.10 acre of wetland. Additionally, cumulative impacts that result in the loss or
degradation of greater than 300 linear feet of stream channel* and/or 0.5 acre of wetland will be processed under an
Individual Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that
this office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or
properties associated with the project. *The District Commander has the ability to waive the 300 linear foot limit for
intermittent stream channels on a case-by-case basis. All requests for a waiver must be in writing and shall include
rationale for the request.
3. Adjacent/undisturbed wetland areas to the proposed impact areas should be clearly demarcated with protective
fencing prior to and during construction activities and remain in-place until permitted activities has been completed
and a compliance inspection has been conducted by the Corps project manager.
4. A pre -construction meeting should be coordinated with the Corps project manager to inspect protective wetland
fencing prior to any permitted impacts occurring.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: 39
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, above noted special conditions, and your submitted application and attached information dated
September 27, 2018. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization

is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies
with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is
suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence
in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months
of the date of the nationwide/regional permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification.
You should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required
Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Amanda Jones at 828-271-7980, ext. 4225 or [e-mail].
Digil,llyz by
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Corps Regulatory Official: °
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,
Amanda Jones
Expiration Date of Verification: March 18, 2022
Determination of Jurisdiction:
A. ® There are wetlands on the above described project area that may be subject to Section 404 of the Clean Water Act
(CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33
CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps
district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish
to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior
to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of
waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water
Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may
be relied upon for a period not to exceed five years from the date of this notification.
C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit
requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please
reference jurisdictional determination issued . Action ID: SAW -
Basis for Determination:
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Regional
Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region (version

2.0). The potential waters of the U.S. are as approximately depicted on the attached map labeled Stream and Wetland
Delineation Map, Figure 9.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate
participation in USDA programs, you should request a certified wetland determination from the local office of the Natural
Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as
indicated in B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find
a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
FUEMMELER.AMAND.��
Corps Regulatory Official: A.JONES.1242835090
Amanda Jones
Issue Date of JD: December 21, 2018 Expiration Date of JD: N/A Preliminary JD
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure
we continue to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.arniy.mil/cm apex/f?p=136:4:0.
Copy furnished:
ClearWater Environmental Consultants, Attn: Clement Riddle (via email)
NCDMS, Attn: Kelly Williams (via email)
NCDWR, Attn: Sue Homewood (via email)

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: HNH Futures, LLC / Attn: Chad Hollister Action ID: 2018-01924
Project Name: Watauga Storage County: Watauga
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8 -digit HUC and Basin: 05050001, New River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm
Cool
Cold Riparian Riverine
Riparian Non-Riverine
Non -Riparian Coastal
Coastal
0.4
0.8
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 05050001, New River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm
Cool
Cold Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.8
Mitigation Site Debited:
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 14 September, 2017

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage
Trade Drive, Suite 105, Wake Forest, NC 27587 (email: [e-mail]). Questions regarding this form or
any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Amanda Jones
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Email: [e-mail]
FUEMMELER.AMAND FF E.MELER.AMANDAJONE5.124283S090
DN: -US, o=U.S. Government, ou=DoD, ou=PKI,
AJONES.1242835090 Date: 20 8.n12.21 08 40 22 -0S'00'DAJONE5.1242835090
USACE Project Manager Signature
December 21, 2018
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at http://regulatory.usacesurvev.com/ to complete the survey online.

Action ID Number: SAW -2018-01924 County: Watauga
Permittee: HNH Futures, LLC / Attn: Chad Hollister
Project Name: Watauga Storage
Date Verification Issued: December 21, 2018
Project Manager: Amanda Jones
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn.: Amanda Jones
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

S TF6` o owtng i entt es your rights and optio%s regardir F administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.inil/Missions/CivilWorks/RegulatoryProgramandPemiits.aspx
or Corps CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND.
REQUEST FOR APPEAL
A
licant: HNH Futures, LLC / Attn: Chad Hollister
I File Numbcr: SAW -SAW -2018-01924 I Date: December 21, 2018
Attached is: See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
S TF6` o owtng i entt es your rights and optio%s regardir F administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.inil/Missions/CivilWorks/RegulatoryProgramandPemiits.aspx
or Corps CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary
JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the
Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the
JD.
SECTION II - REQUEST FOR APPEAL or OBJECTJQNS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record
of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the
administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may
provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR' UESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division, Attn.:
Mr. Jason Steele, Administrative Appeal Review Officer
Amanda Jones
CESAD-PDO
151 Patton Avenue, Room 208
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28801-5006
60 Forsyth Street, Room 10M15
828-271-7980, ext. 4232
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investiations.
Date:
Telephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: Amanda Jones, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM
U.S. Army Corps of Engineers
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JD: December 21, 2018
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
HNH Futures, LLC / Attn: Chad Hollister
307 Scene -A -Rama Drive
Blowing Rock, NC 28607
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, SAW -2018-01924,
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
The site is located on Whispering Pines Road, in Boone, Watauga County, NC.
State: NC County/parish/borough: Watauga City: Boone
Center coordinates of site (lat/long in degree decimal format): 36.227200 -81.608398
Universal Transverse Mercator: N/A
Name of nearestwaterbody: Brown Branch
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s): October 29, 2018
Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Site
Centered Coordinates
Estimated Amount
Type of Aquatic
Geographic
Number
(decimal degrees)
of Aquatic Resource
Resources
Authority to Which
in Review Area
Aquatic Resource
Latitude Longitude
(linear feet or acre)
"May Be" Subject
W1
36.227200
-81.608398
0.632 acres
® Wetland
0 Section 404
❑ Non -wetland Waters
❑ Section 10/404
❑ Wetland
❑ Section 404
❑ Non -wetland Waters
❑ Section 10/404
❑ Wetland
❑ Section 404
❑ Non -wetland Waters
❑ Section 10/404
❑ Wetland
❑ Section 404
❑ Non -wetland Waters
❑ Section 10/404
❑ Wetland
❑ Section 404
❑ Non -wetland Waters
❑ Section 10/404
❑ Wetland
❑ Section 404
❑ Non -wetland Waters
❑ Section 10/404
❑ Wetland
❑ Section 404
❑ Non -wetland Waters
❑ Section 10/404
❑ Wetland
❑ Section 404
❑ Non -wetland Waters
❑ Section 10/404

❑ Wetland ❑ Section 404
❑ Non -wetland Waters ❑ Section 10/404
❑ Wetland ❑ Section 404
❑ Non -wetland Waters ❑ Section 10/404
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN),
or requests verification for a non -reporting NWP or other general permit, and the permit applicant
has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the
permit applicant has elected to seek a permit authorization based on a PJD, which does not make
an official determination of jurisdictional aquatic resources; (2) the applicant has the option to
request an AJD before accepting the terms and conditions of the permit authorization, and that
basing a permit authorization on an AJD could possibly result in less compensatory mitigation
being required or different special conditions; (3) the applicant has the right to request an individual
permit rather than accepting the terms and conditions of the NWP or other general permit
authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with
all the terns and conditions of that permit, including whatever mitigation requirements the Corps
has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit
authorization without requesting an AJD constitutes the applicant's acceptance of the use of the
PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or
undertaking any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by that
activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any
administrative or judicial compliance or enforcement action, or in any administrative appeal or in
any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will
be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources in the
review area, or to provide an official delineation of jurisdictional aquatic resources in the review
area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD
finds that there "maybe" waters of the U.S. and/or that there "maybe" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could be
affected by the proposed activity, based on the following information:
SUPPORTING DATA
Data reviewed for preliminary JD (check all that apply) - Checked items should be included in subject file.
Appropriately reference sources below where indicated for all checked items:
Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester:
Data sheets prepared/submitted by or on behalf of preliminary JD requester.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rational:
Data sheets prepared by the Corps:
Corps navigable waters' study:
El U.S. Geological Survey (USGS) Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
10 USGS map(s). Cite scale & quad name: Deep Gap.

F12"" Natural Resources Conservation Service (NRCS) Soil Survey.
Citation: Watauga County, NC
❑ National wetlands inventory (NWI) map(s). Cite name:
❑ State/Local wetland inventory map(s):
Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps:
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): NCCGIA 2015
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
Applicable/supporting scientific literature:
Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should
not be relied upon for later jurisdictional determinations.
Digitally signed by
FUMMELE248350
FUEMMELER.AMAND DN: US,op US.GowrnOment,ouj DoD,,
A.JONES.1242835090 F EMMELERAMANDAJONE5.1242835090
Date: 2018.12.21 08:46:45 05'00'
Amanda Jones, December 21, 2018 HNH Futures, LLC / Attn: Chad Hollister
Signature and date of Regulatory s t a f f Signature and date of person requesting preliminary JD
member completing preliminary (REQUIRED, unless obtaining the signature is
JD impracticable)
Two copies of this Preliminary JD Form have been provided Please sign both copies. Keep one signed copy for your record and
return a signed copy to the Asheville Regulatory Field Office by mail or e-mail.
US Army Corps of Engineers -Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the
district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

Watauga Storage (+/- 2.2 AC)
Jurisdictionalwetlands and waters identified on this map have been located within submeter accuracy utilizing a Trimble mapping
uncorrectable errors due to topography, vegetative cover, and/or multipath signal error.
grade Global Positioning System (GPS) and the subsequent differential correction of that data. GPS points may demonstrateVWetland
ntially Jurisdictional Water
Note: The illustrated wetland and stream locations are approximate. These areas have been flagged in the field; however, they have
(AC) Stream (LF)
not been surveyed. Although ClearWater Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps of
Engineers (Corps) is the only agency that can make final decisions regarding jurisdictional wetland and waters of the US delineations.
0.632
Therefore, all preliminary determinations are subject to change until written verification is obtained. CEC strongly recommends that
written verification be obtained from the Corps prior to closing on the property, beginning any site work, or making any legal reliance on
this determination.
This map was prepared by CEC using the best information available to CEC at the time of production. This map is for informational
purposes only and should not be used to determine precise boundaries, roadways, property boundary lines, nor legal descriptions. ETotal 0.632 Total 0
This map shall not be construed to be an official survey of any data depicted. —_
Source Data:
Project Boundary - Watauga County GIS
Aerial - NCCGIA (2015)
Topo - Watauga County
R]
Legend
Project Boundary
Data Form
Wetland
Contour 4ft
W1
X
Watauga County, CLearWater
North Carolina
32 Clayton Street
Asheville, North Carolina 28801
Project Boundary
11
50 100 200
Feet
IG , a d the mmunity
Stream and Wetland
Delineation Map
Delineated April, 10, 2018
Figure 9

Attachment B
NC Division of Water Resources Permit # 20181314
April 5, 2019

DocuSign Envelope ID: ID03FAAO-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
4Tyypaa AAT�'v
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)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
0.40 (acres)
0 (acres)
E_ Q
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
336-776-9800

DocuSign Envelope ID: 1 D03FAA0-F59F-4756-AC07-2565049C4245
HNH Futures LLC
DWR# 2018-1314
401APPROVAL
Page 2 of 4
2. 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)]
3. 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 0&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: ID03FAA0-F59F-4756-AC07-2565049C4245
HNH Futures LLC
DWR# 2018-1314
401 APPROVAL
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
htti)s:Hedocs.deg.nc.gov/Fonns/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 026.0200] 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: ID03FAA0-F59F-4756-AC07-2565049C4245
HNH Futures LLC
DWR# 2018-1314
401 APPROVAL
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 sue. [e-mail] if you have any questions or
concerns.
Sincerely,
CDocuSigned by:
% 1 . ,5.jw
145B49E225C94EA...
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

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