20041530 Ver 2_Undeliverable Mail_20070327

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Mr. Mike Huggins
Charlotte-Mecklenburg School District
3301 Stafford Drive
Charlotte, NC 28202
Re: Mallard Creek High School
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 2, 2007
Mecklenburg County
DWQ #04-1530; USACE Action ID. No. 200430232
APPROVAL of 401 Water Quality Certification -MODIFICATION
Dear Mr. Huggins:
Attached hereto is a copy of Certification No. 3503 issued to Charlotte-Mecklenburg Schools,
dated March 9, 2005, and as modified on June 6, 2005, and March 2, 2007. This Certification
replaces the Certification issued to you on June 6, 2005. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited
to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and
Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
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Alan W. Klimek, P. .
AWK/cbk/ijm
Attachments: Certificate of Completion
cc: Amanda Jones, U.S. Army Corps of Engineers, Asheville Regulatory Field Office
Wilmington District, USACOE
Alan Johnson, DWQ, Mooresville Regional Office
Doug Miller, DLR Mooresville Regional Office
File Copy
Central Files
Sean Calloway; Turnbull Sigmon Design; 1001 Morehead Square Dr, Suite 530, Charlotte, NC 28203
Michael Iagnocco; Ralph Whitehead and Associates, P.O. Box 35624, Charlotte, NC 28235
Filename: 041530Ver2Ma11ardCreekHS(Mecklenburg)401_IC_Mod
No ehCarolina
401 Oversight/Express Review Permits Unit Jl~atuCa!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]nternet: httA://h_2o. enr. state. nc. us/ncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mallard Creek High School
Page 2 of 5
March 2, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Charlotte-Mecklenburg Schools to
fill 0.610 acre of jurisdictional wetlands and 758 linear feet of streams in the Yadkin River Basin,
associated with the construction of Mallard Creek High School in Mecklenburg County, North
Carolina, pursuant to an application filed on the 26th day of January of 2007, and in additional
correspondence received February 12, 2007.
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and
as described in the Public Notice with additional correspondence as noted above. If the project is
changed, prior to notification a new application for a new Certification is required. 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 of this Certification. Any new owner
must notify the Division and request the Certification be issued in their name. Should wetland or
stream fill be requested in the future, additional compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site
plan result in a change in stream or wetland impact or an increase in impervious surfaces, the
DWQ shall be notified in writing and a new application for 401 Certification may be required.
For this approval to be valid, compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount Approved Plan Location or Reference
(Units)
Stream 758 (feet) Proposed Mallard Creek H.S
- Impact Areas -Component
I dated 12/22/04
404/CAMA Wetlands 0.61 (acres) See above

Mallard Creek High School
Page 3 of 5
March 2, 2007
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the 404/401 Permit Application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project;
Continuing Compliance:
Charlotte-Mecklenburg Schools shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law 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 15A NCAC 2H.0507(d). Before modifying the Certification, the
Division shall notify Charlotte-Mecklenburg Schools 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 Charlotte-Mecklenburg Schools in writing, shall

Mallard Creek High School
Page 4 of 5
March 2, 2007
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;
Road Crossings:
6. Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) must be maintained above and below
locations of each culvert. Culverts shall be designed and installed to allow for aquatic life
movement as well as to prevent head cutting of the streams. If any of the existing pipes are
or become perched, the appropriate stream grade shall be re-established or, if the pipes
installed in a perched manner, the pipes shall be removed and re-installed correctly.
Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed by one foot for all culverts with a diameter greater
than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less
than 48 inches, to allow low flow passage of water and aquatic life. Design and placement
of culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equilibrium shall be maintained if requested in writing
by DWQ.
Other conditions:
7. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected S WMM stream buffers such
that it will not re-concentrate before discharging into a stream. If this is not possible, it
may be necessary to provide stormwater facilities that meet DWQ's design criteria. This
may require additional approval from this Office.
8. All Erosion and Sediment Control measures shall be located outside the 35 foot protected
SWMM stream buffer.
9. A wooded buffer at least 15 (fifteen) feet wide shall be planted adjacent to Stream # 3
after construction in order to ensure that the stream bank remains stable. Additional
written approval is required from DWQ for this planting plan including a monitoring plan
for tree survival.

Mallard Creek High School
Page 5 of 5
March 2, 2007
Miti ag tion:
10. Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below.
We understand that you intend to purchase credits from the Charlotte-Mecklenburg
Stormwater Services Wetland and Stream Mitigation Bank in Mecklenburg County as
described in your application to meet this mitigation requirement. This contribution has
been determined by the DWQ to be a suitable method to meet the mitigation requirement.
Until the Charlotte-Mecklenburg Stormwater Services Wetland and Stream Mitigation
Bank receives and clears your check, and proof of payment has been provided to this
Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment into the
Charlotte-Mecklenburg Stormwater Services Wetland and Stream Mitigation Bank
to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 51 (linear feet) Catawba/03050101
Certificate of Completion:
11. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or LAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the
right to an adjudicatory hearing on the modifications upon written request within sixty (60) days
following receipt of the Certification. Unless such demands are made, this Certification shall be
final and binding.
This the 2"d day of March 2007
DIV SIGN OF WATER QUALITY
~G~~
Alan W. Klimek, P.E.
AWK/cbk/ijm
CERTIFICATION NUMBER 3503, modified

Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly,, full time) the construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date

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