20041530 Ver 2_Individual_20070129

STV/Ralph Whitehead As
1000 West Morehead Street, Suite 200
Charlotte, North Carolina 28208
[phone] fax:[phone]
Letter of Transmittal
Sheet No.: 1 of 1
To: NCDWQ 401 Unit Date: 1/26/06
2321 Crabtree Blvd. Suite 250 File Code:
sociates
Va. O~} - IS3o
Pr,l'~~ENT
RECEIVED
Our Job No.: 2513202
Your Job No.: #04-1530
Raleigh, NC 27604 Attention: Cyndi Karoly
Reference: Malard Creek H.S. 401 Modification
We Are Sending: ®Attached ^Under Separate Cover via ®Overnite ^2nd Day ^Regular mail the following items:
^Shop Drawings ^Prints ^Sepias ^Mylars ^Samples ^Change Order
^Copy of Letter ^Reports ^Specifications ^Cost Estimates ^Electronic Media
®Other: USAGE ENG Form 4345 & supporting info. in matter of USACE IP #200430232 Modification
Item Rev. No. Quantity Description Action Code
1 5 USACE ENG Form 4345 & supporting info. F
for 401 Certification Modification/Application
2 1 check for $475 for application fee C
~~~~G~~~
JAN 2 9 2001
,~,Tt~-os ~o sT~yv~~lt~e"
Action Codes: A. Action /ndicated on Item Transmitted C. For Your Use E. For Information Only G. For Approval
B. See Remarks Below D. As Requested F. For Review & Comment
Remarks Hey Cyndi! hope you're well! Attached is an application/request for 401 Certification modification in
the matter of Charlotte-Mecklenburg School's Mallard Creek H.S. The proiect was previously
issued a 401 Certification on June 6, 2005 (DWQ #04-1530) and an IP from the USAGE
(Action ID 200430232). Recent changes in the site plan prompted by'negotiations' with an adjacent
property owner will result in additional stream impacts on the site. School construction is well
underway in accordance with the issuesd permits -with sch duled school opening of August 2007.
Copies Your assistance in this matter is much appreciated! sig ed:
an employee-owned company providing quality service since 1912

v2,, o-~- 1S3o
APPI,ICATtON FOR bEPARTMENT OF THE ARMY PERMIT ~ OMB APpROVl1L NO, 0710.0003
(33 GFR 3251 Exp'aes December 31, 2004
---
The Public burden far this collection of information is sestimated to average 10 hours pax response, although the majority of appr~cations should require
5 hours or bass. This includes the time for reviewing instructions, searching existing data sources, gatherittip and maihtairting the data needed, and
completing and reviewing the cnllectlon of information. Send comments regarding this. burden estimate or any other aspect of this collection of
information, including auggestioxis for redueGrg this butdera, w Departtrtartt of Defense, Washtlnptori Headtluattexs Service pirectarate of Inforrttation
Opetatinna and Reports. 1215 .lefferson Davis highway. Suite 1204, Arlington, VA 22202-4302; and to tfw Office of Management and Budget,
Paperwork Reduction Prnject (0710-00031, Wa~chington, DC 20Fi03. Respondents should bs aware that notwithstanding any other provision of Isw,
no person shad be subject. to any penalty for fading to comply with a collection of information if h doss not display a currently valid 04A$ control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications mutt be submitted to the District Engirtaeer having
~arisdiction over the location of the praposerl sotiyay.
RRIVAGY ACT STATEMENT
Authorit~s: Rivers and harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344: Matins protection , Raaaarch and
Sanctuaries Act, 33 USC 1413, Section 103, principal Purpose: Information provided on tft~ farm will be used in evaluating application for e
permit. Routine Uses: This infnrmaton may be shared with the Department of Justice and other federal, state, end local government aganoies.
~bmission of requested information is voluntary, however, if information is not pravbded the permit application cannot be evaluated trot oan a permit
be issued.
One set of crbginal drawings or goad reproducible copies which show the Incaton and'.. character of the proposed activity must be attached to this
appUcation {see sample drawings and instructions( end be submitted to ttae District Engineer having jurisdiction ovtxt the location of the proposed
activity. An application the is not cotttpleted in full wilt be returned,
7. AI~PLICATION NO. ~ 12. FIELD OFFICE CODE 13, DATE. RECEIVED ~ 4. DATE APPLICATION COtl1APLETED
;xT°FAAC RFxf7vV rn RF ~urrn av ntrot,rreun
5. APPLICANT'S FJAME 8. AUTI-fORE2ED AGENT'S NAME AND TITLE rn«erpwNrs+.r#r~,~t;
Charlotte -Mecklenburg Board of Education Mr. Michael lagnocco, P.W.S.
C/o Construction Management Services Senior Environmental Scientist
E. APPLICANT'S A©DRESS 9. AGENT'S AppRESS
3301 Stafford Drive STV/Ralph Whitehead Associates, Inc.
Charlotte, NC 28208 1000 W. Morehead Street, Suite 200
Attention: Mr. Anthony Ansaldo Charlotte. NC 28208
?. APPLICANT'S PfiONE NOS. wIiAREA CODE 70 AGENT'S PhONE NQS WIAREA CODE
a. Residence a. rResidence
b. Business 980 343-5310
i
} ~
b. Business 704-372-1885
1 1, STATE T O AU RIIATI -
hereby authorize. to aci in my behalf as my agent in the professing of this application and to
Burnish, upon request, supplemental information in support of this permit appt~caton.
See Attached Aeent Authorization Form
APPLICANT'S StlGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT Oil ACTIVITY r. , r-p; ~
12. PROJECT NAME OR TITLE a~~r:.tiv~ucrx~f+v ~i i v ~_3
Mallard Creek High School Permit Modification RECEIVED
i3. NAME OF WATERBOpY, IF ifNONJN fr,tatlfir~4rt1/?fmI ~ 14. PROJECT STREET ADDRESS lu~:ak~j
Unnamed tributaries to Stoney
75. LOCATION OF PROJECT
Mecklenburg
COUNTY
NC
STATE
Johnston-Oehler Road and
Bingham Road
`6. OTHER LOCATION DES`C RIPTIONS. IF KNOYJN, rscr +rn rrecxnrxsl
Lat/Long: 35.3641 °N, 80.7666°W
JAN 2 9 2007
OEN~ - WA7Eti ~:luALiTY
~A~!ETl,ANp,4 PJW STO'?I~4Y~TER RRNVG
17, DIRECTIONS 70 TtIE SITE
I-85 to Mallard Creek Church Road West (exit 46B). Right onto Mallard Creek Road. Left onto Johnston-
Oehler Road. Left onto Bingham Road. The site is located on both sides of Bingham Road, south of
Johnston-Oehler Road.
R ui EDITION OF FEB 94 IS OBSOLETE. (proponent: CECW-OR9

1 &. Nature of AcUVity (rh.~rri~rmn ~r prE;~~r, x~rn:ck, err r~,r{r~
See Attached Supplemental Information
1 J. R vjec# Purpose !Lhrsc~att+e rl~c, rcvrsdn a F uKxarr, ca; rt~c przycet, xc~c rnsrr.~-rrnru:
See Attached Supplemental Information
USE BLOCKS 2t1-22 IF DREDGED A~1D~OR €1tL MATERIAL 15 TO BE DtSCHARGfD
, ..~.
2d. Reasvnisi fvr Discharge
See Attached Supplemental Information
2 t . Types } at NtateriaE Being Did.charged and the Amount of Each Type in Culsic Yards
See Attached Supplemental Information
22. Surface Area in Acres of 1Netlands or Other Wafers filled +a~» mxr.,mri,.c.
See Attached Supplemental Information
23. 15 Any Portion of the YVork Already Compl®te? Yes No IF YES, DESCRIBE THE COMW.ETEa WORK
The work completed to date includes the majority of the construction permitted by the Army Corps of Engineers Individual Permit
issued for the site. The work required for the revised stream crossing that is the subject of this Permit Modification request has not
been started.
24, Addresses of Adjoining Proper#y Owners, Lessees, Etc., Where Property Adjoins the Watarbody tlf more titan can be entered here,
please attach a supplemental list).
See Attached Supplemental Information
25, List of Other Certifications or ApprovalsJDenials Re~csvad front other federal, State or Lacal Agencies fvr Work Described in This Application,
AGENCY TYPE AIxPROVAL` IDENTIFICATION NUMBER DATE APPLIED ©ATE AP!PHC3VFi7 na7F nr=nr~~n
''Would include but is not restricted to zonEng, building and flood plain permits
26. Applieatian is hetPby made for a perttiit yr ISermitt to authorize the work. d 'bed in this ~pptcatlan. I certify that the information in tftis
aapiication is complete and accurate. I further certify that J pQSSQSS the uth¢r y t4 and:make the wsrrk described heroin yr am acting es the
duly authorized agent of the applicant.
~~ r7
SIGNATURE OF APPLICANT DATE SIGNATU 0 GEMT DATE
The applicafiOn must tie signed by the person why desires to undertake tfte proposed activity lappl[cant) ar it may be signed by a duly
authorised agent. if the statement in block 1 t has bean fisted nut and signed.
1. USACE Individual Permit 200430232 9/9/04 4/4/05
2. NCDWQ 401 Certification 04-1530 9/9/04 6/6/05
7$ U.S.C. Section tOpl provides that: lNhoever, in any manner within the jurisdictivrt of arty department or agency of Efts United States
knowingly and willfully falsifies, caneeals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious yr
fraudulent statements or represen#ations or makes or usctr any false tvritnp yr document knowing same to contain any false, fictitiouG or
fraudulent :,tatumsnts or entry, shell ba tined not mars titan $1O,00p ut rrtprsvned not more titan five years br 6sith.

AGENT CERTIFICATION OF AUTHORIZATION
I ~ ` N ~ ,representing Charlotte-Mecklenburg Schools,
hereby certify that I have authorized Michael A. Iagnocco, )S.W.S. of Ralph Whitehead
Associates, Inc., to act on zay behalf and take all actions necessary to the processing,
issuance, and acceptance of this permit and all standards and special conditions attached.
We hereby verify that the above information submitted in this application is true and
accurate to the best of our knowledge.
Applicant's signattu-e
~'J I ~
Date
Agent's signa
~ ~I b
Date
Completion of this form will allow the agent to sign aIJ future application correspondence.
.,,..

Mallard Creek High School
Section 404 Individual Permit Application
Supplemental Information
January 26, 2007
18. Nature of Activity (Description of project, include all features):
The proposed project revisions primarily involve the realignment of the school's Bingham
Road entrance to afford improved access to the property located adjacent to the southern
portion of the site. The permitted roadway design crossed the perennial stream
(designated as Stream 2) at the approximate location of the existing culvert. The revised
design for the new roadway crossing of this perennial stream proposes to cross
approximately SO feet downstream of the permitted crossing location (Refer to Exhibit 1,
Attachment B, Figure No. 1 dated 01/24/07).
The revised Stream 2 crossing would include the removal of the existing culvert and the
restoration of the stream in the area where the culvert is removed.
Stabilization/restoration of that portion of Stream 2 'day lighted' as a result of the removal
of the existing 33 linear-foot culvert would occur as part of the Bingham Road
improvements. The stabilization/restoration measures associated with culvert removal
would involve grading the stream banks to an approximate 3:1 slope, adjusted as needed
in order to tie into the undisturbed banks located upstream; using erosion control matting
or similar measure for stabilization; and coupled with reseeding of the stream banks with
an appropriate seed mix. These measures would additionally help to mitigate impacts to
Stream 2 associated with roadway construction activities.
This revision of the Bingham Road horizontal and vertical alignment would incur impacts
totaling 148 linear feet (lf) of stream, which would be an increase of 84 if from the
originally permitted design that impacted 641f (Note: since the original crossing occurred
at the existing culvert the 64 if did not include the 33 if of stream already contained
within the culvert). The restoration of 33 if of Stream 2 will be done to provide on-site
stream mitigation credit, and result in a total of 51 if of additional impacts that require
mitigation. The originally permitted 674 if of stream impacts for the entire project would
now be increased by 841f to 758 lf.
It should also be noted that the previously proposed plan of using a railroad flat car
downstream of the proposed Stream 2 crossing, as a temporary crossing during
construction, is no longer part of the construction plan (Refer to Attachment A, Figure
No. 7-REV, dated 12/22/04). Another component of the site plan that has been revised, as
a cost saving measure, is the final location of the proposed baseball field, situated at the
southern end of the school site. The ball field has been shifted into an upland area,
recently acquired by CMS, closer to Bingham Road in an effort to reduce grading costs.
None of these revisions would impact preserved on-site jurisdictional and/or mitigation
areas (Refer to Exhibit 1, Attachment B, Figure No. 2 dated 01/24/07).
CMS has obtained a commitment from Mr. Jarrod Karl with the City of Charlotte
Stormwater Services to utilize the City's Umbrella Stream and Wetland Mitigation Bank
(Umbrella Bank). On-site mitigation to be completed as part of this proposed permit
modification includes the restoration of Stream 2 in the area of the removed existing
culvert, as previously mentioned, and the increase in the size of the proposed Stream
1

Mallard Creek High School
Section 404 Individual Permit Application
Supplemental Information
January 26, 2007
Buffer Mitigation on Stream 2. The previously permitted Stream Buffer Mitigation along
Stream 2 was 1,545 if and 3.04 acres in size. This has now been increased to 1,5801f and
3.12 acres in size for an increase of 0.08 acre. This strategy will also provide an
additional 35 if of on-site stream mitigation in the form of stream preservation, which
CMS is not claiming credit for. The remaining balance of 51 if of stream mitigation
credit will be purchased from the City of Charlotte Umbrella Bank. This payment will be
conducted in a similar manner as the original permit, i.e., via the execution of a
Memorandum of Understanding between the City and the Charlotte-Mecklenburg Board
of Education (Refer to Exhibit 1, Attachment C for a copy of the previous MOU).
19. Project Purpose (Describe the reason of purpose of the project)
The proposed high school entrance along existing (private) Bingham Road has been the
subject of recent legal wrangling between CMS and the owners of the road. The current
owners of the Bingham Road easement are the Oehlers, who operate a farm situated at
the southern terminus of Bingham Road, immediately south of the Mallard Creek H.S.
project site. The Oehlers were less than satisfied with the permitted alignment of
Bingham Road since the proposed improvements did not align directly with their
driveway, but rather allowed for the Oehlers driveway to intersect with the improved
entrance road (Refer to Attachment A, Figure No. 7-REV, dated 12/22/04). In order to
appease the Oehlers, the current proposed alignment of Bingham Road would be shifted
downstream from the permitted Stream 2 crossing location. The revised horizontal and
vertical alignment will make the Oehlers the primary beneficiary of Bingham Road while
also affording CMS adequate access to the proposed baseball field situated south of
Stream 2. This proposed change in the alignment will ultimately enable CMS to finalize
the agreement needed with the Oehlers for the use of Bingham Road as an important
entrance to the school.
20. Reason for Discharge
Impacts to Stream 2 would result from the placement of an approximate 60-foot culvert
and associated wing walls and riprap apron for the proposed improvement/widening of
Bingham Road.
21. Type of Material Being Discharged
Excavation would be needed to remove plastic soils that are not suitable for construction.
CMS intends to possibly utilize these soils under the proposed soccer fields, or dispose of
them in a suitable on-site upland area or off-site at a certified spoils location. Some clean
borrow material is anticipated to come from soccer field grading or would be obtained
from a certified borrow location. Borrow sources or spoils would not be allowed in any
area under the U.S. Army Corps of Engineer's (USACE's) regulatory jurisdiction without
2

Mallard Creek High School
Section 404 Individual Permit Application
Supplemental Information
January 26, 2007
the appropriate permit(s). In an effort to minimize the amount of borrow material needed
for fill, it is anticipated that CMS would utilize the soils excavated from grading activities
to the maximum extent practicable.
22. Proposed Impacts to Waters of the U.S.
This revision of the Bingham Road horizontal and vertical alignment would incur impacts
totaling 148 linear feet (lf) of stream, which would be an increase of 84 if from the
originally permitted design that impacted 641f (Note: since the original crossing occurred
at the existing culvert the 64 if did not include the 33 if of stream already contained
within the culvert). The restoration of 33 if of Stream 2 will be done to provide on-site
stream mitigation credit, and result in a total of 51 if of additional impacts that require
mitigation. The originally permitted 674 if of stream impacts for the entire project would
now be increased by 841f to 7581f.
3

Mallard Creek High School
Section 404 Individual Permit Application
Supplemental Information
January 26, 2007
24. Addresses of adjoining property owners
Parcel Property Owner Parcel Address Mailing Address
Number
02930130 Elizabeth G. Howard 3916 Johnston Oehler 3916 Johnston Oehler Road Charlotte,
Road NC 28269
02930131 Clark Jack Hoyle, Jr. 3900 Johnston Oehler 3900 Johnston Oehler Road Charlotte,
Road NC 28269
02930194 Leslie S. Martin 3530 Johnston Oehler 3530 Johnston Oehler Road Charlotte,
Road NC 28269
02933103 Mecklenburg County 3001 Johnston Oehler 600 E. 4t Street, l It Floor
Real Estate/Finance Road Charlotte, NC 28202-2816
Department
02933104 Charles H. Oehler and 3115 Johnston Oehler 3115 Johnston Oehler Road Charlotte,
Dorothy B. Oehler Road NC 28269
02933105 Myrtle P. Thompson 3551 Johnston Oehler 3716 Johnston Oehler Road Charlotte,
Road NC 28269
02933106 Dorothy Bingham 3487 Johnston Oehler 3115 Johnston Oehler Road Charlotte,
Oehler and Charles H. Road NC 28269
Oehler
02933108 Conway Raeford 3801 Johnston Oehler 3801 Johnston Oehler Road Charlotte,
Patterson and Meryl Road NC 28269
M. Patterson
02933109 Conway Raeford 3749 Johnston Oehler 3801 Johnston Oehler Road Charlotte,
Patterson and Meryl Road NC 28269
M. Patterson
02933114 W.S. Cansler and 3477 Johnston Oehler 3477 Johnston Oehler Road Charlotte,
Julie C. Cansler Road NC 28269
02933116 Scott L. Dixon and 3473 Johnston Oehler 3473 Johnston Oehler Road Charlotte,
Doris O. Dixon Road NC 28269
02946192 Joy C. Hipp 4001 Johnston Oehler PO Box 480111
Road Charlotte, NC 28269-5300
02962101 O.O. Thompson, Jr. 3440 Johnston Oehler 3440 Johnston Oehler Road
Road Charlotte, NC 28269
02962103 M.B. Wallace, Jr., and Johnston Oehler 2350 W Lucas St., Apt 206
Ruth Wallace Road Florence, SC 29501-1237
02962104 Jefferey F. Meyer and 12221 Jimmy Oehler 12221 Jimmy Oehler Road
Catherine R. Mayer Road Charlotte, NC 28269
02962105 Ritchie Clarence Ross 3308 Johnston Oehler 3308 Johnston Oehler Road
and C. Yvonne Poole Road Charlotte, NC 28269

Mallard Creek Hiah School
Individual Permit Modification
EXHIBIT 1

.~.
STV/Ralph Whitehead Associates
1000 West Morehead Street, Suite 200
Charlotte, North Carolina 28208
[phone] fax:[phone]
January 25, 2007
U.S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
Attention: Ms. Amanda Jones
Subject: Section 404 Standard Individual Permit Modification
Proposed Mallard Creek High School
Mecklenburg County, North Carolina
STV/RWA Project No. 2513202
USAGE Action ID No. 200430232
Dear Ms. Jones:
On behalf of Charlotte-Mecklenburg Schools (CMS), STV/Ralph Whitehead Associates,
Inc. (STV/RWA) is requesting the modification of an Individual Permit that has been
granted to the CMS for the proposed Mallard Creek High School. The existing permit
that has been issued for this project, accompanying figures, and supporting information,
have been included in this package for your convenience. The Individual Permit for this
project was issued on April 4, 2005 (Refer to Attachment A for a copy of the Individual
Permit that was previously issued for this project; Refer to Attachment C for associated
Section 401 Certification correspondence).
Purpose & Need for Proposed Project Revisions
The proposed high school entrance along existing (private) Bingham Road has been the
subject of recent legal wrangling between CMS and the owners of the road. The current
owners of the Bingham Road easement are the Oehlers, who operate a farm situated at
the southern terminus of Bingham Road, immediately south of the Mallard Creek H.S.
project site. The Oehlers were less than satisfied with the permitted alignment of
Bingham Road since the proposed improvements did not align directly with their
driveway, but rather allowed for the Oehlers driveway to intersect with the improved
entrance road (Refer to Attachment A, Figure No. 7-REV, dated 12/22/04). In order to
appease the Oehlers, the current proposed alignment of Bingham Road would be shifted
downstream from the permitted Stream 2 crossing location. The revised horizontal and
vertical alignment will make the Oehlers the primary beneficiary of Bingham Road while
also affording CMS adequate access to the proposed baseball field situated south of
Stream 2. This proposed change in the alignment will ultimately enable CMS to finalize
the agreement needed with the Oehlers for the use of Bingham Road as an important
entrance to the school.
an employee-owned company providing quality service since 1912

Section 404 Individual Permit Modification
Proposed Mallard Creek High School
January 25, 2007
Page 2 of 3
Proposed Project Revisions
The proposed project revisions primarily involve the realignment of the school's Bingham Road
entrance to afford improved access to the property located adjacent to the southern portion of the
site. The permitted roadway design crossed the perennial stream (designated as Stream 2) at the
approximate location of the existing culvert. The revised design for the new roadway crossing of
this perennial stream proposes to cross approximately 50 feet downstream of the permitted
crossing location (Refer to Attachment B, Figure No. 1 dated 01/24/07).
The revised Stream 2 crossing would include the removal of the existing culvert and the
restoration of the stream in the area where the culvert is removed. Stabilization/restoration of
that portion of Stream 2 'day lighted' as a result of the removal of the existing 33 linear-foot
culvert would occur as part of the Bingham Road improvements. The stabilization/restoration
measures associated with culvert removal would involve grading the stream banks to an
approximate 3:1 slope, adjusted as needed in order to tie into the undisturbed banks located
upstream; using erosion control matting or similar measure for stabilization; and coupled with
reseeding of the stream banks with an appropriate seed mix. These measures would additionally
help to mitigate impacts to Stream 2 associated with roadway construction activities.
This revision of the Bingham Road horizontal and vertical alignment would incur impacts
totaling 148 linear feet (lf) of stream, which would be an increase of 84 if from the originally
permitted design that impacted 64 if (Note: since the original crossing occurred at the existing
culvert the 64 if did not include the 33 if of stream already contained within the culvert). The
restoration of 33 if of Stream 2 will be done to provide on-site stream mitigation credit, and
result in a total of 51 if of additional impacts that require mitigation. The originally permitted
674 if of stream impacts for the entire project would now be increased by 841f to 758 lf.
It should also be noted that the previously proposed plan of using a railroad flat car downstream
of the proposed Stream 2 crossing, as a temporary crossing during construction, is no longer part
of the construction plan (Refer to Attachment A, Figure No. 7-REV, dated 12/22/04). Another
component of the site plan that has been revised, as a cost saving measure, is the final location of
the proposed baseball field, situated at the southern end of the school site. The ball field has
been shifted into an upland area, recently acquired by CMS, closer to Bingham Road in an effort
to reduce grading costs. None of these revisions would impact preserved on-site jurisdictional
and/or mitigation areas (Refer to Attachment B, Figure No. 2 dated 01/24/07).
Conceptual Compensatory Mitigation
CMS has obtained a commitment from Mr. Jarrod Karl with the City of Charlotte Stormwater
Services to utilize the City's Umbrella Stream and Wetland Mitigation Bank (Umbrella Bank).
On-site mitigation to be completed as part of this proposed permit modification includes the
restoration of Stream 2 in the area of the removed existing culvert, as previously mentioned, and

Section 404 Individual Permit Modification
Proposed Mallard Creek High School
January 25, 2007
Page 3 of 3
the increase in the size of the proposed Stream Buffer Mitigation on Stream 2. The previously
permitted Stream Buffer Mitigation along Stream 2 was 1,545 if and 3.04 acres in size. This has
now been increased to 1,580 if and 3.12 acres in size for an increase of 0.08 acre. This strategy
will also provide an additional 35 if of on-site stream mitigation in the form of stream
preservation, which CMS is not claiming credit for. The remaining balance of 51 if of stream
mitigation credit will be purchased from the City of Charlotte Umbrella Bank. This payment
will be conducted in a similar manner as the original permit, i.e., via the execution of a
Memorandum of Understanding between the City and the Charlotte-Mecklenburg Board of
Education (Refer to Attachment C for a copy of the previous MOU).
Closing
Based on the proposed mitigation being offered, it is concluded that the proposed additional
impacts to jurisdictional areas that would result from the revisions to the school site plan and
entrance road alignment would be minimal. The City of Charlotte Stormwater Services has
verbally approved the purchase of additional mitigation credits from the City of Charlotte
Umbrella Bank. Your expeditious approval of this permit modification would be greatly
appreciated. Construction of the school is well underway, as CMS has scheduled the opening of
the high school for August 2007. If you have any questions or need additional information
concerning this project, please contact either of the undersigned at [phone].
Sincerely,
STV/RALPH WHITEHEA/D ASSOCIATES, INC
Brandon J. Phillip , C.H.M.M. / Michael A.
Senior Environmental Specialist Project Ma:
BJP/MAI:bp
co~.W.S.
error Scientist
Attachments: Attachment A: U.S. Army Corps of Engineers Individual Permit
Attachment B: Figures
Attachment C: Agency Correspondence
cc: Ms. Cyndi Karoly, NCDWQ
Mr. John Dougherty, CMS

Mallard Creek Hiah School
Individual Permit Modification
Attachment A
U.S. ARMY CORPS OF ENGINEERS
SECTION 404 INDIVIDUAL PERMIT

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
April 18, 2005
Regulatory Division
Action ID 200430232
Charlotte-Mecklenburg Board of Education
Mr. Mike Higgins
3301 Stafford Drive
Charlotte, NC 28208
Dear Mr. Higgins:
~~~~~~~
APR 2 Ei X005
CONSTRUCTION MANAGEM~Nt
y.=RYSCfS
Enclosed is a Department of the Army permit to construct the Mallard Creek High
School, on Johston-Oehler Road, in Charlotte, Mecklenburg County, North Carolina. The
Corps is issuing this permit in response to your written request of September 13, 2004, and
the ensuing administrative record.
Any deviation in the authorized work will likely require modification of this permit. If
a change in the authorized work is necessary, you should promptly submit revised plans to
the Corps showing the proposed changes. You may not undertake the proposed changes
until the Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your
failure to comply with these conditions could result in a violation of Federal law. Certain
significant conditions require that:
a. You must complete construction before December 31, 2008.
b. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and conditions.
You must notify this office in advance as to when you intend to commence and
complete work.

-2-
You should address all questions regarding this authorization to Amanda Jones,
Regulatory Division, telephone [phone], extension 231.
Sincerely,
~~ Charles R. Alexander, Jr.
Colonel, U.S. Army
District Engineer
Enclosures
Copy Furnished with enclosures:
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm 7316
Silver Spring, MD 20910-3282
Copies Furnished with special conditions and plans:
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
61 Forsyth Street
Atlanta, Georgia 30303
Mr. Garland Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City North Carolina 28557
Mr. David Rackley
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO C
ATTENTION OF: Apnl 4, 2005
Regulatory Division
Action ID. 200430232
Charlotte-Mecklenburg Board of Education
Mr. Mike Higgins
3301 Stafford Drive
Charlotte, NC 28208
Dear Mr. Higgins:
In accordance with your written request of September 13, 2004, and the ensuing
administrative record, enclosed are two copies of a permit to construct the Mallard Creek High
School, on Johston-Oehler Road, in Charlotte, Mecklenburg County, North Carolina.
You should acknowledge that you accept the terms and conditions of the enclosed permit
by signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature,
as permittee, indicates that, as consideration for the issuance of this permit, you voluntarily
accept and agree to comply with all of the terms and conditions of this permit. All pages of both
copies of the signed permit with drawings should then be returned to this office for final
authorization. Aself-addressed envelope is enclosed for your convenience.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee
will be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise...", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services." As your application fits the former category, you are
requested to remit your check for $10.00, made payable to the Finance and Accounting Officer,
USAED, Wilmington. The check should accompany the signed and dated copies of your permit.
In addition, I have enclosed a copy of the Notification of Administrative Appeal Process
and Options and Request for Appeal. Please carefully read Section "A" of this form for
information regarding the appeal process for proffered permits.

2
After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. Should you have questions, contact
Ms. Amanda Jones, Regulatory Division, telephone [phone], extension 231.
Sincerely,
Scott McLendon
Chief, Asheville Regulatory Field Office
Enclosures
Copy Furnished with enclosures:
Mr. Mike Inyacco
Ralph Whitehead & Associates
1000 W. Morehead, Suite 200
Charlotte, NC 28235
Mr. Jarrod Karl
City of Charlotte Storm Water Services
600 East Fourth Street
Charlotte, NC 28209
Ms. Cindy Karoly
N.C. Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

DEPARTMENT OF THE ARMY PERMIT
Permittee Charlotte-Mecklenburg Board of Education
Permit No. 200430232
Issuing Office CESAW-RG-A
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:. to place fill within 0.8 acre of open water, 0.34 acre of jurisdictional wetlands,
and 6741inear feet of stream channel associated with the construction of Mallard Creek High
School
Project Location: Located on Johston-Oehler Road, in Charlotte, Mecklenburg County, North
Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2008. If you fmd that you need more time
to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the pemutted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACKED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
() Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization..
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Lirnits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other pemutted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Pernut Decision. This office may reevaluate its decision on this pernrit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new infom~ation surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this pemut, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as perrnittee, indicate that you accept and agree to comply with the terms and conditions of this permit.
t~
(PEI~MITTEE) CHARLOTTE-MECKLENBURG ~ (DATE)
BOARD OF EDUCATION
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
~ ~ ~ 4 lz 2/as
~y~~(DISTRICT ENGINEER) CH R. XANDER, JR, COLONEL (DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
*U.S. GOVERNMENT PRIN'CING OFFICE: 1986 - 717-425

SPECIAL CONDITIONS
Work Limits
a} All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USAGE) prior to implementation.
b) Except as authorized by this permit or any USAGE approved modification to this permit,
no excavation, fill or mechanized land-clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit
does not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to all
borrow and fill activities connected with this project.
c) Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land-clearing activities shall take place at any time in the construction or maintenance of
this project, in such a manner as to impair normal flows and circulation patterns within
waters or wetlands or to reduce the reach of waters or wetlands.
Related Laws
d) If the North Carolina Division of Water Quality has issued a conditioned Water Quality
Certification for your project, the conditions of that certification are hereby incorporated
as special conditions of this permit. For your convenience, a copy of the certification is
attached if it contains such conditions.
e) All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other
toxic materials. In the event of a spill of petroleum products or any other hazardous
waste, the permittee shall immediately report it to the N.C. Division of Water Quality at
[phone], Ext. 526 or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
Project Maintenance
f) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris from land
clearing activities), or unsightly debris will not be used.
g) 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

2
maintenance of this project with a copy of this pemut. A copy of this permit, including
all conditions, shall be available at the project site during construction and maintenance
of this project.
h) The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt
fencing or similar appropriate devices around all areas subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed areas.
Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
113A Article 4).
i) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time
and manner as the Secretary of the Army or his authorized representative may direct,
restore the water or wetland to its pre-project condition.
Enforcement
j) Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington
District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the
violation.
Mitigation
k) The permittee shall mitigate for 64 linear feet of unavoidable impacts to stream channels
associated with this project by payment to the City of Charlotte Storm Water Services
(CSWS) Umbrella Mitigation Bank in the amount necessary to perform restoration to 128
linear feet of stream in the Rocky River Basin (Cataloging Unit 03040105). Construction
within jurisdictional areas on the property shall begin only after the pennittee has made
full payment with certified check to the CSWS, and the CSWS has made written
confirmation to the District Engineer, that it agrees to accept responsibility for the
mitigation work required, pursuant with the Agreement to Establish the City of Charlotte
Umbrella and Wetlan iti~gation Bank, dated June 16, 2004.
1) The permi a ompensa'he'for the loss of 674 linear feet of stream channel by
preserving ~ linear feet of stream channel with associated upland riparian buffers.
The permittee will preserve approximately 1,545 linear feet of Stream 2 north of
Bingham Road. There will be a 50 foot undisturbed riparian buffer on the west side of the
stream and a 35 foot wide undisturbed buffer on the east side of the stream. All of Stream
linear feet) will be preserved with a 25 foot undisturbed vegetated buffer (See
ttached plan sheets #8 and #11 depicting mitigation areas). The permittee will
compensate for the loss of 0.8 acre of open water pond and 0.34 acre of jurisdictional

wetlands by preserving 3.87 acres of existing wetlands listed as a Significant Natural
Heritage Area by the North Carolina Natural Heritage Program (NCNHP) known as the
Bingham Road Hardpan Forest. The permittee will also preserve 0.76 acre of an adjacent
upland vegetated buffer (See attached plan sheet #10).
m) The conservation/mitigation areas as shown on the attached plans are to remain in their
natural state in perpetuity. No person or entity shall perform any of the following
activities in the conservation area:
1. fill, grade, excavate or perform any other land disturbing activities
2. cut, mow, bum, remove, or harm any vegetation
3. construct or place any roads, trails, walkways, buildings, mobile homes, signs,
utility poles or towers, or any other permanent or temporary structures
4. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
5. dump or store soil, trash, or other waste
6. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the mitigation condition
of a Clean Water Act authorization issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, Action ID 200430232, and therefore maybe
enforced by the United States of America. This covenant is to run with the land, and shall
be binding on the Owner, and all parties claiming under it.
n) Permittee shall cause to be recorded in the Register of Deeds for Mecklenburg County a
plat, showing the conservation areas for the property, and a survey of the boundary of the
jurisdictional waters of the United States, as approved by the Corps of Engineers, within
thirty days of issuance of this permit.
o) If concrete is used during culvert installation (headwalls), a dry work are must be
maintained to prevent direct contact between curing concrete and stream water. Uncured
concrete affects water quality and is highly toxic to fish and other aquatic organisms.
p) If the perrnittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington
District Engineer who will initiate the required State/Federal coordination.
q) This Department of the Army permit does not obviate the need to obtain other Federal,
State, or local authorizations required bylaw.

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PROPOSED MALLARD CREEK HIGH SCHOOL 250 GRAPHIOC SCALE25 25o DMW y?2/G4
SITE PLAN ~~s
' CHECKED BY:
Mecklenburg Countg, N.C. ~ IN FEET )
FIGURE l10.:
1 Inch = 250 (t 4A-FFV

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PROPOSED 1VIALLARD CREEK HIGH SCHOOL 250 GRAPHIC scnt,~25 z5o Dom, Nv22/oa
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CONSTRUCTION LIMP
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w I , ~ I I ~ , , w PROP096D 3TREAM
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PROPOSED MALLARD CREEK HIGH SCHOOL z5o CRAPHIoC sca~25 250 o Nti22,o~
IMPACT AREAS ~ ~~s
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Mecklenburg County, N.C. (iN FEET) FIGURE NG.:
1 inch - 260 (l 5B-REV _,_

LEGEND
9(7H BOVNDAAY
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. CONSIRUCTTON I1MIT9
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PROFOS8D 8TRBAM
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PROPOSED MALLARD CREEK HIGH SCHOOL
IMPACT AREAS
Mecklenburg County, N.C.
GRAPHIC SCALE V~~ 12/22/04
250 0 125 250 oa~wn er:
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CH N BY:
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PROPOSED M_A_ _T"LARD CREEK HIGH SCHOUL cRnPx~c scn~ ` ` ATE:
12J22/04
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~ IMPACT AREAS ~~s
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PROPOSED MALLARD CREEK HIGH SCHOOL GRAPHIC SCALE °"i2rz2roa
too o so too WN 9Y:
T~ /1~ ~ ~ ~ ,~ [1 JLS
u~+i Alil L7.L\LiL'1ti7 NKI(EO BY:
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PROPOSED MA T"LARD CREEK HIGH SCHOOL ,oo GRAPHIoC sc ~ ,oo ~ 2rtuoa
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' IMPACT AREAS 11ECKED BY:
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PROPOSED M,4 T,T,A R n CREEK HIGH SCHOOL GRAPHIC SCALE ~ 02/15/05
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PROPOSED MALLARD CREEK HIGH SCHOOL GRAPHIC SCALE `, ~ 1 P122104
PROPOSED COMPENSATORYMTlIGATION 1so o ~s Aso oR~~«a.:
AND UPLAND BUFFER PRESERVATION ~ JLS
STlt(~1j~'j G ~ IN FEET , FIGU RE NO:
1 inch = 150 fL 11-REV

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s PROPOSED AAA 1Z 1) CREEK HIGH SCHOOL GKAPHIC SCALE tv2voa
PROPOSED COMPENSATORYIVITI7GATION 10° ~ ~ ~~ ~~~
AND UPLAND BUFFER PRESERVATION
( IN FEET) cunera:
WETLAND C I inch - 100 tr_ 10-REV
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Mallard Creek High School
Individual Permit Modification
Attachment B
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Mallard Creek High School
Individual Permif Modit:/cafion
Attachment C
AGENCY CORRESPONDENCE

A T~/~
QG
I~ r

Mr. Mike Huggins
Charlotte-Mecklenburg School District
3301 Stafford Drive
Charlotte, NC 28202
Michael F. Easley, Governor
William G. Ross 3r., Secretary
North Carolina. Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 6, 2005
Re: Mallard Creek High School
Mecklenburg County
DWQ #041530; USACE Action ID. No. 200430232
APPROVAL of 401 Water Quality Certification; Modified
Dear Mr. Huggins:
Attached hereto is a copy of Certification PJo. 3503 issued to Charlotte-Mecklenburg Schools,
dated March 9, 2005 and as modified on June 6, 2005 (condition number 6). 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 cont~`ct us.
.\
Sincerely,
AW K/jrd
Attachments: Certificate of Completion
i
. Klimek, P.E.
cc: Amanda Jones, U.S. Army Corps of Engineers, AshevilleRegulatory 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
Adam Karagosian; Ralph Whitehead and Associates, P.O. Box 35624, Charlotte, NC
28235
Filename: 041530MallardCreekHS(Mecklenburg)IC
No~thCarolina
401 OversighUExpress Review Permits Unit lltllCQ~~IJ
1650 Mall Service Center, Raleigh, North Carolina 27699.165D
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina. 27604
Phone: [phone] /FAX [phone]! Internet htto://h2o.enr.state.nc.us/ncwetkands

Mallard Creek High School
Page 2 of 5
June 6, 2005
NORTH CAROLINA X401 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 674 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 5"' day of October of 2004, and in additional
correspondence received December 28, 2004 and January 11, 2005.
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 Cert~cation is required. If the
property is sold, the new owner must be given a copy of tf~e Certification and approval letter and
is thereby responsible for complying with all conditions of his Certification. Any new owner
must notify the Division and request the Cert~cation 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 Cert~cation may be required.
For this approval to be valid, compliance with the conditions fisted 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 674 (feet) Proposed Mallard Creek H.S
-Impact Areas -Component
I dated 12/22/04
404/CAMA Wetlands 0.61 acres See above
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:

Mallard Creek High School
Page 3 of 5
June 6, 2005
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 aid 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
specked 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.
3. 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;
C.,
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sedirent 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:
5. 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
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;
Stormwater Management
6. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and

Mallard Creek High School
Page 4 of 5
3une 6, 2005
Express Permitting Unit (2321,Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 90
days of the issuance of the 40'1 Water Quality Certification. The stormwater
management plans shall be approved in writing by this Office before all of the impacts
specked in this Cert~cation are completed. This plan must contain provisions for diffuse
flow from Drainage Basin # 2 across the protected SWMM buffer along Stonv Creek as
outlined in Condition Number 8 of this Certification. You have the option of using the
Express Review Program for expedited approval of these plans. If you propose to use
the Express Review Program, remember to include the appropriate fee with the plan.
The stormwater management plan must include plans, specifications, and worksheets
for stormwater management facilities that are appropriate for the surface water
classification and designed to remove at least 85% TSS according to the most recent
version of the NG DENR stormwater Best Management Practices Manual. These
facilities must be designed to treat the runoff from the entire project, unless otherwise
expficitiy approved by the Division of Water Quality. Also, before any permanent
building is occupied at the subject site, the facilities (as approved by this Office) shall be
constructed and operational, and the stormwater management plan (as approved by this
Office} shall be implemented. The structural stormwater practices as approved by this
Office as well as drainage patterns must be maintained in perpetuity. No changes to the
structural stormwater practices shall be made without written authorization from the
Division of Water Quality. ~, ~~
,,,
~`.
Road Crossings:
7.
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 fife
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:
8. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected SWMM stream buffers such
that it will not re-concentrate before discharging into a stream. If this. is not possible, it

Mallard Creek High School
Page 5 of 5
3une 6, 2005
may be necessary to provide'stormwater facilities that meet DWQ's design criteria. This
may require additional approval from this Office.
9. All Erosion and Sediment Control measures shalt be located outside the 35 foot
protected SWMM stream buffer.
10. A wooded buffer at least 15 (fifteen) feet wide shall be planted adjacent to Sfream # 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.
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 CAMA
Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (n0) 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 r~squest within sixty (60} days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 6th day of June 2005
DIVISION OF WATER QUALITY
I
AWiUjrd
CERTIFICATION NUMBER 3503, modified
n imek, .E.

o~aF vv a, rE9~G
~ ~
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
3une 29, 2005
Mr. Mike Huggins
Charlotte-Mecklenburg Schools
3301 Stafford Drive
Charlotte, NC. 28202
Subject Properly: Mallard Creek High School Project.
Approval of Storm water Management Plan
Dear Mr. Huggins:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1530
Mecklenburg County
On June 29, 2005 the Division of Water Quality (DWQ) received the revised stone water management plan
prepared by your engineer, Mr. Bryan Metzler, of Turnbull Sigmon Design, to comply with the conditions of 401
Water Quality Certification issued on March 9, 2005, and modified on June 6, 2005.
The Plan has been reviewed'and satisfies Xhe stone water management conditions of the 401. The structural stone
water practices as approved by DWQ as well as drainage patters must be maintained in perpetuity. In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with
your project including (but not limited to) Erosioa and Sediment Control, Buffer Rules and Non-discharge
regulations.
No changes to the structural storm water practices shall be made without written authorization from the Division of
Water Quality. Stone water easements shall be recorded for a distance of at least 10 feet on each side of all storm
water conveyances on all lots containing these structures including future access for maintenance. The stone water
easements shall allow for the ability to maintain the structures, perform corrective actions as descnbed above and
shall provide protection of the structures from potential alternations in the future. The authorization to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by the
Certification shall expire upon expiration of the 404 Permit.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Yadkin River Basin protection rule as described within 1 SA NCAC 2H .0500. If you have any questions, please
telephone Sam A. Aghimien, at 919-733-3574.
Sincerely,
Alan W. Klimek, P.E.
CBK/saa
cc: USACE Asheville Regulatory Field Office
DWQ Mooresville Regional Office
File Copy
Central Files
Bryan Metzler, 1001 Morehead Square Drive, # 530 Charlotte, NC.28203
Adam Karagosian, P.O.35624, Charlotte, NC. 28235
Filename: 04-1530 Mallard C.H.S. SWM Approval, 6-29-OS
401 OversighVExpress Review Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Sufte 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
Noa` Carolina
~tura!!r~
An Equal OpportunitylAffrmaGve Action Employer- 50°k Recycled/10°k Post Consumer Paper

STATE OF NORTI=i CAROLINA
COUNTY OF MECKLENBURG MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made and entered into to be
effective the _ day of April, 2005, by and between the CITY OF CHARLOTTE, a municipal
corporation of the State of North Carolina (hereinafter the "City"), and the CHARLOTTE-
MECKLENBURG BOARD OF EDUCATION, a public body corporate duly organized under
the laws of the State of North Carolina (hereinafter the "CMBE").
BACKGROUND AND PURPOSE
WHEREAS, the City operates and maintains an Umbrella Stream and Wetland
Mitigation Bank (Umbrella Bank) providing compensatory mitigation for unavoidable stream
and wetland impacts separately authorized by Section 404 of the Clean Water Act (CWA) and
Section 10 of the Rivers and Harbors Act permits in appropriate circumstances. The goal of the
Umbrella Bank is to restore, enhance, create and preserve stream and/or non-tidal stream and
wetland systems and their functions and values to compensate in appropriate circumstances for
unavoidable stream and wetland impacts authorized by Section 404 of the CWA and Section 10
of the Rivers and Harbors Act permits in circumstances deemed appropriate by the U.S. Army
Corps of Engineers (USAGE) after consultation, through any applicable permit review process,
with members of the Mitigation Banking Review Team.
WHEREAS, the use of credits from the Umbrella Bank to offset stream or wetland
impacts authorized by CWA permits must be in compliance with the CWA and implementing
regulations, including but not limited to the 404(b)(1) Guidelines, the National Environmental
Policy Act and all other applicable Federal, State, and local legislation, rules and regulations.
The USAGE, after consultation with the appropriate Federal and State review agencies through
the applicable permit review process, shall make final decisions concerning the amount and type
of compensatory mitigation to be required for unavoidable, permitted wetland or stream impacts,
and whether or not the use of credits from the Umbrella Bank is appropriate to offset those
impacts. The parties to this Agreement understand and agree that, where practicable, on-site, in-
kind compensatory mitigation is preferred, unless use of the Umbrella Bank is determined by the
USAGE to be environmentally preferable.
WHEREAS, CMBE has proposed a new high school at Mallard Creek Community Park
(the "School Project") on property described on Exhibit A attached hereto and incorporated
herein by reference (the "School Property"). The purpose and need of the School Project is to
alleviate overcrowding in other high schools in this part of the county and to accommodate
ongoing growth in the area. The School Project would result in unavoidable impacts to certain
streams located on the School Property and accordingly requires an appropriate permit from the
USAGE and certification from the North Carolina Division of Water Quality (NCDWQ).
WHEREAS, the USAGE has determined that the use of the Umbrella Bank would be
acceptable to compensate for School Project impacts to stream channels.
1 of 3

WHEREAS, the City has confirmed in a letter issued by Jarrod J. Karl, Wetland
Specialist, dated January 31, 2005, that stream credits are available in the Umbrella Bank to
cover the School Project.
WHEREAS, the USAGE permit (USAGE File Number 200430232) and NCDWQ
certification (DWQ #04-1530) have been issued.
WHEREAS, one condition of the USAGE CWA Permit is that "the permiee shall
mitigate for 64 linear feet of unavoidable impacts to stream channels associated with the School
Project by payment to the City of Charlotte's Umbrella Bank in the amount necessary to perform
restoration to 128 linear feet of stream.... "
WHEREAS, the City sells mitigation credits to City of Charlotte or Mecklenburg
County entities in the amount of $205.00 per linear foot.
WHEREAS, upon and with receipt of the payment described below, the City accepts its
role as bank sponsor and its inherent responsibilities to provide the required compensatory
mitigation, including costs associated with the design, construction, monitoring and maintenance
of approved compensatory mitigation projects.
WHEREAS, CMBE and the City desire to confirm their agreement regarding CMBE
purchasing credits from the City Umbrella Bank in accordance with this Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the premises and the fulfillment of the
objectives set out in this agreement, the City, County and Board of Education agree as follows:
1. Project Impacts. CMBE anticipates impacting 64 linear feet of stream in connection with
the School Project, as determined and confirmed through the USAGE CWA permitting process.
2. Payment Amount. CMBE shall pay the City $205.00 per linear foot in the amount
necessary to perform restoration to 128 linear feet of stream, for a total payment of $26,240.00.
3. Payment Details. Payment shall be in the form of a check made payable to the City of
Charlotte and shall be made no later than June 30, 2005.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above written by the authority duly granted by their respective
governing bodies.
--THIS SPACE INTENTIONALLY LEFT BLANK--
2 of 3

CITY OF CHARLOTTE
By:
Jim Schumacher
Title:
THE CHARLOTTE-MECKLENBURG
BOARD OF EDUCATION
By:
Greg Clemmer
Deputy Superintendent
This instrument has been pre-audited in
The manner required by the "Local
Government Budget and Fiscal Control
Act."
Director of Finance
Charlotte-Mecklenburg Board
Of Education
Approved as to Form:
Kevin M. Bringewatt, Attorney
3 of 3

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