20211734 Ver 1_Approval Letter_20211210

December 7, 2021

DWR# 21-1734
Mecklenburg County

Mr. Gary Adams
Charlotte-Mecklenburg Board of Education
3301 Stafford Dr.
Charlotte, NC 28208

Delivered via email to [e-mail]

Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Windsor Park Relief Elementary School Project

Dear Mr. Adams:
You have our approval for the impacts listed below for the purpose described in your application
submitted to the Division of Water Resources (Division) November 30, 2021, and payment received
on November 30, 2021. The Division has determined that the proposed project and impact will
comply with water quality requirements covered by the attached Water Quality General
Certification Number 4135 and the conditions listed below, provided that you adhere to the
certification located at https://deq.nc.gov/about/divisions/water-resources/water-quality-
permitting/401-buffer-permitting-branch/general and the conditions listed below.
This certification is associated with the use of General Permit Number 14 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.
The Division has determined that the proposed project will comply with the water quality
requirements provided that you adhere to the conditions listed in the certification and to the
additional conditions listed below. The following proposed impacts are hereby approved. No other
impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)]

Type of Impact

Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Wetland 0.010 acre(s) 0.186 acre(s)
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 this 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 Certification and is responsible for complying with all conditions. [15A NCAC
02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Mooresville
Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time
the permittee becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
non-compliance circumstances.
Additional conditions (15A NCAC 02H .0507(c):

1. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the City of Charlotte Umbrella Stream and
Wetland Mitigation Bank (“Umbrella Bank”) to meet this mitigation requirement. Until the
Umbrella Bank receives and clears your payment, 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 to the Umbrella Bank to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506(c)]:

Compensatory Mitigation
Required
River and Sub-basin
Number
Wetlands 0.186 (acres) Catawba (03050103)
1:1 ratio

Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state’s antidegradation policy), the project must provide for replacement of
existing uses through compensatory mitigation.
2. Stormwater Management: The applicant may provide documentation that the project will not
impair water quality to the receiving stream(s) from stormwater runoff or provide an approved
stormwater management plan. Any high density project and/or project that exceeds density
thresholds must provide a stormwater management plan for the entire project, for review and
approval including all forms and pertinent items that complies with the high density
development requirements. Low density development. The plan may be approved by the
Division, State Stormwater Program or a local delegated authority. The plan shall consider the
impact of the volume and velocity of discharge and runoff to the receiving stream and adjacent
riparian areas to prevent scouring and erosions of the features.
Citations: 15A NCAC 02U.1017, 15A NAC 02H.1003 (2)(a), 15 NCAC 02B.0614 (8), 15A NCAC
02B.0607(h)
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be employed

to protect against direct or indirect discharge of waste or other sources of water pollution. Surface
water quality standards require that conditions of waters be suitable for all best uses provided for
in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of
biological integrity, wildlife, secondary contact recreation, agriculture) and that activities must
not cause water pollution that precludes any best use on a short-term or long-term basis. In
determining that the proposed activity will comply with state water quality standards (including
designated uses, numeric criteria, narrative criteria and the state’s antidegradation policy), the
Division must evaluate if the activity has avoided and minimized impacts to waters, would cause
or contribute to a violation of standards, or would result in secondary or cumulative impacts
3. Diversion ditches and other stormwater conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment lost and turbidity. This
includes interior/exterior slopes of sediment basins. 15A NCAC 02H .05606 (b)(3) and (c) (3)
Justification: Failure to reduce erosion of runoff conveyances and to provide for maximum
reduction of erosion on areas not related to ongoing construction, shortens basin holding times,
increases turbidity of discharge and creates a greater potential of bypass discharge.
4. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface water shall be matted.
15A NCAC 02H .0506 (b)(1) and15A NCAC 02H .502 (c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed activity
will comply with state water quality standards (including designated uses, numeric criteria,
narrative criteria and the state’s antidegradation policy), the Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards or would result in secondary or cumulative impacts
5. 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. 15A NCAC 02B .0203

Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be employed to
protect against direct or indirect discharge of waste or other sources of water pollution.
6. The permittee shall report to the DWR Mooresville Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).

Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
8. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
9. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor-owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A NCAC
02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and
(21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in
streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as
trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing
turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other
solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts
that may cause adverse impacts on existing wetland uses.

10. Sediment and erosion control measures shall not be installed in wetland or waters except
within the footprint of temporary or permanent impacts otherwise authorized by this
Certification. If placed within authorized impact areas, then placement of such measures shall
not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or
streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the
natural grade restored within two (2) months of the date that DEMLR or locally delegated
program has released the specific area within the project to ensure wetland standards are
maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and
(21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in
streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as
trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing
turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other
solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts
that may cause adverse impacts on existing wetland uses.
11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to
waters, would cause or contribute to a violation of standards, or would result in secondary or
cumulative impacts.
12. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self-monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC
02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and

(21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in
streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as
trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing
turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other
solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts
that may cause adverse impacts on existing wetland uses.
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As
cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be
present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials
producing color or odor shall not be present in amounts that may cause adverse impacts on
existing wetland uses.
14. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As
cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be
present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials
producing color or odor shall not be present in amounts that may cause adverse impacts on
existing wetland uses.
15. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231

Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As
cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be
present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials
producing color or odor shall not be present in amounts that may cause adverse impacts on
existing wetland uses.
16. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
17. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill
less than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
18. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation of
standards, or would result in secondary or cumulative impacts.

19. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this General Certification. A copy of this General Certification shall be
available at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality General Certification to minimize water quality impacts.
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 CAMA Permit. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H .0507(c)]

This, the 7th day of December 2021

W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ

Attachments

cc: Bryan Roden-Reynolds, Army Corps of Engineers, Charlotte, email
Michael Iagnocco, STV Engineers Inc., [e-mail]
DWR 401 & Buffer Permitting Branch file
Olivia Munzer, NCWRC, email

for

CERTIFICATE OF COMPLETION

NCDWR Project No.: _______________ County: _______________________
Applicant: ________________________________________________________________________
Project Name: _____________________________________________________________________
Date of Issuance of 401 Water Quality Certification: _____________________________________
Certificate of Completion
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 this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR 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, _____________________________________, 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: ___________________________

Agent’s Certification
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:___________________________

Engineer’s Certification
_______ Partial _______ Final
I, _______________________________________, as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee 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 ________________________________ Registration No. ___________Date_____________