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