Loading...
HomeMy WebLinkAbout20131301 Ver 1_Approval Letter_20140113NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary January 13, 2014 Treyburn Corporate Park, LLC Attn: Terry'Sanford 2020 W.'M,ain Street, Suite 300 Durham, NC,27705 DWR # 13-1301 Durham County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN' RIPARIAN BUFFER PROTECTION RULES, (15A NCAC 026 .0233) WITH ADDITIONAL CONDITIONS Purdue Pharma Manufacturing L.P. Dear Mr. Sanford: You have our approval for the impacts listed below for the purpose described in your application dated December 18, 2013 and received by the Division of Water Resources (Division) on December 18; 2013. These impacts are.covered by the attached' Water Quality General Certification Number 3890,an'd the conditions listed below. This certification'is associated with the use of Nationwide'Permit Number 39 once it is, issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge; and Water Supply Watershed regulations. This approval requires you ,to,follow the conditions listed -in the enclosed certification and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and /or Buffer Rules are meta No other impacts are.approved, including incidental impacts. . Type of Impact Amount Approved Amount Approved ('units) (units) Permanent Temporary Wetland 0.02 (acres) 0 (acres) Noce Carolina None North Carolina Division of Water,Resources 1628 Mad Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Internet www ncwaterouality org Location 3800 Barrett Dnve Raleigh, NC _27609 Fax (919) 788 -7159 An Equal Opportunity /Affirmative Action Employer— 50% Recycled /10% Post Consumer.Paper Purdue,Pharrha Manufacturmg- DVi/R #13 -1'301 401 AND BUFFER APPROVAL Page 2 of 4 Stream "0 (linear4eet) 40 (lineaHeet) Buffers —Zone 1. 2,4h (squarefeet) 0 '(square#eet) Buffers,-2one,2 1,784 (squaee,feet) 0 (square-feet) 2': StormwaterManakement`Plan (SMR) Approval fromlLocal-Community Required We consider the - -SWP approved by the, focal �governrrient to meet both the, stormwater and diffuse flow' requirements since, fhe ponds proposed for this- project are sized to rernpve,90% of 'the total suspended solids. ,Please send•one -copy ofthe approved'SMP, including plan details, on full -sized plan,sheets (or in a digitalformat), with proof of Mitharri ,City /,County's approyal'tothe,DWR Webscape Unit (1650 Mail Service Center„ Raleigh, `NC '27699- 1650) 3. No Waste, Spoil, Solids, or Fill of Any Kind Nowasfe, spoil, solids, or fill of any kind, shall occur in Wetlands, waters,, or riparian areas beyond,the footprint of the impacts depicted irilhe, Pre - ,Construction �Notifieatiori: All `construction activities, including the design ,,instaIIlation,.operation ,,and rna'intenance of sediment arid I,erosion,control'�Best Management. Practices, shall be performed so that rip, violations of state water quality, standards; statutes, or rules occur., 4. Protective `Fencing The outside buffer, wetland or Water boundary and along the construction corridor Within these boundaries, approved 'under this,,authorization shall, be clearly marked with orange warningJencing, (or� similar high visibility rnateriall) for the areas that have, been-approved to.i'nfringe within'thebufifer, wetland or water prior,'to any land ldisturb"irig;actilvities to,ensure comp'lia_nce,With 15 NCAC 02H .0500. 5., This,approva`I is for the purpose anddesign described in your application.,Tl The plans'and specifi'cations'for this project are incorporated'by re,ference�as paet,of;the Certification and' Buffer Au'thorizati'on. If °.you change your;proj'ect, you�,must, notify the, Division and you; may be required ,to submit a new application ,package with °the approoelate'fee. If'the,property is,sold,,the new owner must "be given a copy ofithis approval,letfei andiGeneral.Certification and�'i's res,popsib'le for cornpl''yingw,ith all conditions. ,6. This,approval and ,,, its conditions are final and binding•,unl'ess contested, This Certification Land BufferrAuthorization can be contested as provided in, Articles'3'and`4 .,of'Gerieral, Statute 150B by filing awuritten petition for an administrative hearingto the O,f_fice�of Administrative'Hearings' (hereby known as OAH). A petition form Miay'be obtained from the OA_H at' http:/' /Ww.W;ncoah.co'rri /' or by calling the OA_H Clerk's Office, av(9,19),43r1'3000 for information: Within sixty J60),calendar`Aaysof'receipt of this notice, a,petition tiust,be filed°with the,OAH. A petition'is considered fil'ed,whenth­eoriginal and,one (1) copy a_'longwith any applicabl,e`OAH filing fee is received in °theOAH during normal officea hours (Monday through Friday between B:OOam.and'S:OOpm, excluding, official .state'ho,lidays): Purdue Phaema, Manufacturing DWR #13 -1301 401 AND BUFFER APPROVAL Page 3 of 4 The petition may be faxed to the OAH at (919) 431- 3100,.provided the original and one copy of-the petition along with any applicable OAH filing fee is�r eceived by the OAH'within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending -by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh; NC 2.7699 -6714 If sending-via delivery service (e:g.,UPS, FedEz). Office.of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition, must also be served to DENR -. Lacy Presnel_I, General Counsel Department of Environment and Natural Resources, 1601 Mail Service Center Raleigh, NC 27699 -1601 Please send one (1) copy of the petition to DWR: _ If sending by First Class Mail via the US Postal Service: Karen Higgins NC DEN R-DWR — Webscape Unit 1650,Mail Service Center Raleigh, NC 27699 -1650 If- sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR -DWR — Webscape Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse, Riparian Buffer Rules as, described. in 15A NCAC 02B .0233 . Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncden'r,.goV if'you have any questions or concerns. Sinc rely; a ny SmZlity uperviso Water Qu Regional Operations Section Enclosures: GC 3890 PurdueIPharma'Manufacturinga DWA 13 -1301 401 AND BUFFER APPROVAL Page,4 of 4 cc: U S.'Army Corps of Engineers; Raleigh RegulatoryTield Office; 333=1 Herita,ge�Trade Drive, St. 105; Wake Forest, ANC 27,59.7 Kevin Yates; McAdams C6mpany, -- P.0, Box 14005;'Research Triangle Park, NC;27709 11 Frank'D,emarinis; Purdue Pharma LP 4701,Purdue Drive; - Wilson, NC 27893