20131004 Ver 1_Approval Letter_20131003

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North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
.Pat McCrory Thomas A. Reeder
Governor Director
Mr. Mike Higgins
Charlotte /Mecklenburg Schools
3301 Stafford Dr.
Charlotte, NC 28208
Subject: Approval of 401 Water Quality Certification with Additional Conditions,
Vance High School Construction
Dear Mr. Higgins:
John E. Skvada, III
Secretary
October 3, 2013
DWR# 13 -100 `
Mecklenburg County
You have our approval, in accordance with the general certification and those conditions listed below,
for the purpose proposed in your application dated September 13, 2013, and received by the Division of Water
Resources (the Division) on September 17, 2013. After reviewing your application, we have determined that
this project is covered by Water Quality General Certification Number 3890, which can be viewed on our web
site at http: / /portal.ncdenr.or- /web /wg /swr)/ws /401. The General Certification allows you to use Nationwide
Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers (COE). 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.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. In addition to the requirements of the certification, you must also comply
with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
0
238 linear ft.
Wetland
0
0
3. This approval is only valid for the purpose and design that you described in your application. If you change
your project, you must notify us in writing, and you may be required to send us a new application for a new
certification. If the property is sold, the new owner must be given a copy of the Certification and approval
letter; and is thereby responsible for complying with all conditions.
Wetlands Branch Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NO Carolina
Location, 512 N Salisbury St Raleigh, North Carolina 27604
Phone [phone] FAX: [phone] )Vatunally
Internet* www ncwateroualdy org
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

DWR #: 13 -1003
4. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
5. Mitigation: Two - hundred and thirty eight (238 If) linear feet of stream mitigation must be provided. The
Division has received notification from Charlotte Stormwater Services that they will provide up to 250 linear
feet of stream mitigation as required by this certification. No impacts shall occur until documentation has
been provided that the mitigation requirement has been met.
6. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving
streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks.
7. Diversion ditches and other storm water conveyances as related to the sediment and erosion control
measures shall be matted and /or stabilized to reduce sediment loss and turbidity.
8. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
9. A final, written storm water management is required per condition #12. The storm water management plan
shall be in accordance with NC DENR Storm water Best Management Practices Manual and approved in
writing by the Division (1650 Mail Service Center, NC, 27699 -1650) or delegated authority before the
impacts specified in this Certification occurs. Also, before any permanent building is occupied at the
subject site, the storm water management plan shall be implemented and the facilities shall be constructed
and operational. The approved structural storm water practices as well as drainage patterns must be
maintained in perpetuity. No changes to the structural storm water practices shall be made without written
authorization from the Division or local delegated authority.
10. No sediment/erosion control measures, waste, spoil, solids, or till of any kind shall occur in wetlands, waters,
or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application
without approval from the Division.
11. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the Division.
12. Continuing Compliance. The applicant (Charlotte /Mecklenburg County School) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law.
If the Division determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that state or federal law is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this certification to include
conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A
NCAC 2H.0507(d). Before codifying the certification, the Division shall notify the applicant and the US Army
Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity
for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided
to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in
any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the
404 Permit for the project.
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing
a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com /or by calling the OAH Clerk's
Office at (919) 431 -3000.

DWR #: 13 -1003
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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, 8:00 am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and one (1) 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609 -6285
This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704 - 663 -1699 or Ms.
Karen Higgins in the Central Office in Raleigh 919 - 807 -6360.
Sincerel ,
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
William Fulton, STV, 1000 West Morehead St., Ste. 200, Charlotte, NC 28208