HomeMy WebLinkAbout20041189 Ver 1_COMPLETE FILE_20040709W AT ?RpG
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Mr. Mark Fitch
Executive Vice President
Mylan Pharmaceuticals, Inc.
781 Chestnut Ridge Road
Morganton, West Virginia, 26505
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 21, 2004
Re: Expansion of Commercial Distribution Center, Mylan Pharmaceuticals Phase 2
Guilford County
DWQ #04-1189; USACE Action ID. No. 200421091
APPROVAL of 401 Water Quality Certification
Dear Mr. Fitch:
Attached hereto is a copy of Certification No. 3479 issued to Mir. Mark Fitch of Mylan Pharmaceuticals,
Inc., dated September 21, 2004. Phase 1 of the Mylan Pharmaceuticals existing distribution center was
issued a 401 Water Quality Certification on October 21, 1996 (DWQ Project # 96-0933). In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but
not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and
Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us at 919-733-1786.
Si cerely,
/G?
Alan W. Klimek, P.E.
AWKlcbk
Attachments: Certificate of Completion
cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Wilmington District, USACOE
Daryl Lamb, DWQ, Winston-Salem Regional Office
DLR Winston-Salem Regional Office
File Copy
Central Files
L. Allan Hill, Triad Design Group, 4807-C Koger Blvd., Greensboro, NC, 27407
Filename: 041189Mylan(Guilford)401
None Carolina
401 Wetlands Certification Unit Mundy
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919.733-6893 / Internet: httr)://h2o.enr.state.nc.us/ncwetlands
Mr. Mark Fitch, Mylan Pharmaceuticals, Inc.
Page 2 of 5
September 21, 2004
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Mark Fitch of Mylan Pharmaceuticals, Inc.
to fill 0.045 acre of jurisdictional wetlands in the Cape Fear River Basin, associated with the expansion of a
Commercial Distribution Center at Mylan Pharmaceuticals in Guilford County, North Carolina, pursuant to
an application filed on the 8th day of July of 2004, and in additional correspondence received August 2,
2004.
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. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious Wrfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Stream 120 (feet) Public Notice
404/LAMA Wetlands 0.045 (acres) Public Notice
Waters N/A (acres)
Buffers N/A (square ft.)
Sediment and Erosion Control:
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
Mr. Mark Fitch, Mylan Pharmaceuticals, Inc.
Page 3 of 5
September 21, 2004
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites,, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
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 404/401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade `restored within six months of the date that the
Division of Land Resources has released the project; ,\
Continuing Compliance:
Mr. Mark Fitch and Mylan Pharmaceuticals, Inc. 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 Mr. Mark Fitch and/or Mylan Pharmaceuticals, Inc. and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 214.0503 and provide opportunity for
public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to Mr. Mark Fitch and/or Mylan Pharmaceuticals, Inc. 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;
Miti ag_tion:
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This had
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at (919) 733-5208 if you have any questions concerning payment into a
Mr. Mark Fitch, Mylan Pharmaceuticals, Inc.
Page 4 of 5
September 21, 2004
restoration fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
Stream 120 (feet) 03030002
Wetlands 0.045 (acres) 03030002
Waters N/A (acres)
7. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Other conditions:
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 the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at I..
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project.
Mr. Mark Fitch, Mylan Pharmaceuticals, Inc.
Page 5 of 5
September 21, 2004
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 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
3479
AWKlcbk
This the 21ST day of September 2004
DIVISION OF WATER QUALITY
C?? ?1 /"
Alan W. Klimek, P.E.
a
?0F W ATFR Q Michael F. Easley, Governor
G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, to Mr. Mark Fitch of Mylan Pharmaceuticals, Inc. has permission as outlined
below to impact 0.045 acres of wetlands and 120 linear feet of streams for the purpose(s) of expanding the distribution
center at Mylan Pharmaceuticals in Guilford County. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY
BASIN/ SUB BASIN
Mylan Pharmaceuticals
Guilford
03030002
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Eco? ystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts:
0.045 Acres of Class WL wetlands
120 Linear feet of streams
Mitigation:
0.045 Acres of Class WL wetlands
120 Linear feet of streams
In correspondence dated June 10, 2004, the EEP indicated that up to 0.10 acres and/or 240 linear feet of mitigation
will be conducted by EEP if necessary.
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail it to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of
payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT
AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED
BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
(919) 733-5208
Filename: 041189 Myl an(Gui 1 ford)EEP
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733.1786 / FAX 919-733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands
None hCarolina
Nawrally
An C-M nnn -;hdAffi.ronh.... A..;- G.....In..... CAA/ ?......A-4/lno/ 13-f nnn ?........ o.......
.MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Mylan Pharmaceuticals, Inc.
Project Number 04 1189
Recvd From APP
County Guilford
County2
Region Winston-Salem
Received Date 8/2/04 Recvd By Region
Project Type commercial expansion
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
r IP wetland&FT-0- N F__ 16-11-14-2 F _c_ NSW 30,602. 0.05 120.00
Miticiation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more Info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? Q Y 0 N Recommendation: 0 Issue OQ Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 360152 Longitude (ddmmss) 794638
Comments:
Site visit mane on 09/09/2004. Site is the present location of Mylan Pharmaceuticals' Regional
Distribution Center in Greensboro. The surrounding area is extensively developed and is largely
industrial/rommercjal. The existing building and associated arkjng lot and truck dock were built in
1997. The initial construction was conducted under a USAGE NWP 26 and involved draining and
filling 2.35 acres of a 4.55 acre on-site farm pond fed by an unnamed tributary to South Buffalo
Creek. Under requirements of the accompanyjna NCDWQ 401 authorization, additional pond area
was created, and the pond was converted to a stormwater treatment pond. The resent proposed
project calls for expaQdffing the distribution facility by adding an additional 122,464 square feet of
building,1Q,000 square feet of truck docks, and 50 additional an rking spaces. Impacts are
proposed to 0.045 arse of wetlands and 120 linear feet of jurisdictional perennial stream channel. In
addition, 0.31 acre of the existing non-jurisdictional stormwater pond will be filled. However, the
pond wjll be enlarged on Its west side to replace the area that as
cc: Regional Office
Central Office Page Number 1
Facility Name Mylan Pharmaceuticals, Inc. County Guilford
Project Number 04 1189 Regional Contact: Daryl Lamb
Date: 9/17/2004
Comments (continued from page 1):
filled. This pond will continue to function as a stormwater treatment pond. The impacts are required
in order to construct the building pad, truck docks, and additional parking area, which will cover over
120 If of the existing?urisdictional stream, a small adjacent wetland, and the inlet area of the
stormwater pond. Approximately 570 linear feet of the stormwater pond's inlet area will be piped.
This inlet area is fed by the jurisdictional stream which is to be pined with 120 If of RCP. The two
sections of pipe will be joined. Fill will also be placed in 0.045 acre of adjoining riparian wetlands.
Applica nt's avoidance and minimization efforts are acceptable. Because of site constraints, the only
area av ailable for expansio n is on the facility's west side where the impacts will occur. The ap lip cant
is also c onsidering removin g an existing 45 If of culvert on an upstream portion of the jurisdictional
stream. This culvert-provid ed a crossing for an old access road into the farm which was originally
onsite. Part of this culvert i s off the applicant's property. The applicant will seek the adjacent land
owner's permission to remo ve the culvert, which is no longer needed since the access road has been
abando ned. This will help alleviate a flooding problem caused by the old culvert as well as
re-estab lish 45 If of channe l upstream of the proposeed impacts,
cc: Regional Office
Central Office Page Number 2
REPLY TO
ATTENTION OF
Regulatory Branch
Action ID No. 200421091
Mr. John Dorney
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetland/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Mr. Dorney:
"ETLANDS/401 SRO UU
/l.l?.. 9 1004
WATER ODRLITy SECTIOnt
Enclosed is the application submitted by L. Allan Hill of Triad Design Group, on behalf of
Mylan Pharmaceuticals, Inc., for Department of the Army authorization and a State Water
Quality Certification to authorize the proposed placement of fill material into 0.045 acre of
wetlands and 120 linear feet of stream channel along an unnamed tributary to South Buffalo
Creek in the Cape Fear River Basin, associated with the expansion of a commercial distribution
center in Greensboro, Guilford County, North Carolina.
We are considering authorizing the proposed activity pursuant to Section 404 of the Clean
Water Act, and we have determined that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be granted
until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you have not acted on
the request, or asked for an extension of time, by September 7, 2004, the District Engineer will
deem that waiver has occurred.
0'i 1189
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 8, 2004
Printed on ® Recycled Paper
Should you have any questions or comments regarding this matter, please don't hesitate to
contact Andrea Wade at (919) 876-8441, extension 31.
Sincerely,
? Ie /nB. Manuele
C Raleigh Field Offi e
Enclosure
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT V WPPROV NO. 0710-0003
(33 CFR 3251 Expires December 31, 2004
The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require
5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,
no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for e
permit.. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if Information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activi???
application (see sample drawings and instructions) and be submitted to the =' i4a jl?ric ' overt p
activity. An application that is not completed in full will be returned A" -
rFEMS 7 THRU 4 TO B E cw-bcru B ry _ -
i. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE REl?EIVjED. 4. DATE APPLICATION COMPLETED
ITEMS BELOW TO
5. APPLICANT'S-?AME
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6. APPLICANT'S ADDRESS
78 < e-V ES7WO7- ?.4v 9. AGENT'S ADDRESS
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7.. A ICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W /AREA CODE
a. Residence a. Residence
77 3lo -7Gb, - e2 7,,P,-9
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b. Business ,?4 el- S9` - Z S b. Business -j3 (o _ ?! fe .- s ;?- g Z
11, STATEMENT OF AUTHORIZATION
I hereby authorize, ?• ,¢?a /T/LL, Pe - to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
6-Ac 0 - o
APPLICANT'S SIGNXTURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE lsealnstructions.
PISTF-I&)Tiot,J ?EtJT' G?I?an>>ioN Fes? MgWJ Ply nn?/+cEuTic.??5 ING.
13. NAME OF WATERBODY, IF KNOWN atepp**b/ei
41AIWA' l£o 7P-216arv e y of S'ovTN BdFGACo
15. LOCATION OF PROJECT
6;w1-P0QV AIC
COUNTY STATE
14. PROJECT STREET ADDRESS w.ppicablo1
2898 A4,4NUFAGTuRERS Rm D
G2F iV5Fjof2o , dJo2TN C420 t-IIJA,
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16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions)
?j/?,r?/EI7 7owNS'r//f
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LONG/ rv P E - W 79 ° 46-65-5'
17. DIRECTIONS TO THE SITE 1XIle-f7- ,W .Z-,¢o ?Z, GrzEF?l/?/?orco
141 G?fEasQ??; 7-4140 7T//E SouTff EGA- Eacwr/E sr, ---xl- r ?,t//? f',QOC EO s°uz'7V-
2 7W /NrrA,-' Ti O/V oG SovT"N a/0 -- y"GCC?'it/? ST. 4A10 1AIda6 -rCp ? ?Vh-A1v,0 , 7 41RA1
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94 IS OBSOLETE.
18. Nature of Activity (Descrip6w of proorx, incpwe a// feehues)
5tr- A-'r-r4-e-"MiFN T' A
19. Project Purpose (Describe the resson or purpose of the project, see instructions)
5EE ATrA-C Z/ii" r A
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
$EE A, -r-r4comF-N r A
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
W011-AMD - APPA ox:IM, (-L`( 1,77`% CU91r- YAr,-DIor- LaaL ?oiL /?Iiv7"C?J?.r` t%CL?Yy)
s i - APPRAPM- TEGy 67e Cole Kwar BF q Soi? /YI?YF2?.p? ?ccgay)
22. Surface Area in Acres of Wetlands or Other Waters Filled IseekwrucNons)
PJFr4#woS - sa Arr416tim &v r A
M - 5F 47-7-4 NtKew r A
23. Is Any Portion of the Work Already Complete? Yes ? No IF YES, DESCRIBE THE COMPLETED WORK
5FF- ATTA-C-q M F-N ,j_ A
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
?E f?TT?-C-?k M EN T` ?
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
r r rrt ArrnvVAL- IUtNTIFIGATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
"Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. 1 certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
d authorized lint of th licant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
Instructions for Preparing a
Department of the Army Permit Application
Blocks 1 through 4. To be completed by Corps of Engineers.
Block 5. Applicant's Name. Enter the name of the responsible party or parties. If the responsible party is an agency,
company, corporation or other organization, indicate the responsible officer and title. If more than one party is
associated with the application, please attach a sheet with the necessary information marked Block 5.
Block 6. Address of Applicant. Please provide the full address of the party or parties responsible for the application.
If more space is needed, attach an extra sheet of paper marked Block 6.
Block 7. Applicant Telephone Number(s). Please provide the number where you can usually be reached during normal
business hours.
Blocks 8 through 11. To be completed if you choose to have an agent
Block 8. Authorized Agent's Name and Title. Indicate name of individual or agency, designated by you, to represent
you in this process. An agent can be an attorney, builder, contractor, engineer or any other person or organization.
Note: An agent is not required.
Blocks 9 and 10. Agent's Address and Telephone Number. Please provide the complete mailing address of the agent,
along with the telephone number where he/she can be reached during normal business hours.
Block 11. Statement of Authorization. To be completed by applicant if an agent is to be employed.
Block 12. Proposed Project Name or Title. Please provide name identifying the proposed project (i.e., Landmark
Plaza, Burned Hills Subdivision or Edsall Commercial Center).
Block 13. Name of Waterbody. Please provide the name of any stream, lake, marsh or other waterway to be directly
impacted by the activity. If it is a minor (no name) stream, identify the waterbody the minor stream enters.
Block 14. Proposed Project Street Address. If the proposed project is located at a site having a street address (not a
box number), please enter here.
Block 15. Location of Proposed Project. Enter the county and state where the proposed project is. located. If more
space is required, please attach a sheet with the necessary information marked Block 15.
Block 16. Other Location Descriptions. If available, provide the Section, Township and Range of the site and/or the
latitude and longitude. You may also provide description of the proposed project location, such as lot numbers, tract
numbers or you may choose to locate the proposed project site from a known point (such as the right descending
bank of Smith Creek, one mile down from the Highway 14 bridge). If a large river or stream, include the river mile of
the proposed project site if known.
Block 17. Directions to the Site. Provide directions to the site from a known location or landmark. Include highway
and street numbers as well as names. Also provide distances from known locations and any other information that
would assist in locating the site.
Block 18. Nature of Activity. Describe the overall activity or project. Give appropriate dimensions of structures such
as wingwalls, dikes (identify the materials to be used in construction, as well as the methods by which the work is to
be done), or excavations (length, width, and height). Indicate whether discharge of dredged or fill material is involved.
Also, identify any structure to be constructed on a fill, piles or float supported platforms.
The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you
wish to do. If more space is needed, attach an extra sheet of paper marked Block 18.
Block 19. Proposed Project Purpose. Describe the purpose and need for the proposed project. What will it be used for
and why? Also include a brief description of any related activities to be developed as the result of the proposed project.
Give the approximate dates you plan to both begin and complete all work.
Block 20. Reason(s) for Discharge. If the activity involves the discharge of dredged and/or fill material into a wetland or
other waterbody, including the temporary placement of material, explain the specific purpose of the placement of the
material (such as erosion control).
Block 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards. Describe the
material to be discharged and amount of each material to be discharged within Corps jurisdiction. Please be sure this
description will agree with your illustrations. Discharge material includes: rock, sand, clay, concrete, etc.
Block 22. Surface Areas of Wetlands or Other Waters Filled. Describe the area to be filled at each location.
Specifically identify the surface areas, or part thereof, to be filled. Also include the means by which the discharge is to be
done (backhoe, dragline, etc.). If dredged material is to be discharged on an upland site, identify the site and the steps to
be taken (if necessary) to prevent runoff from the dredged material back into a waterbody. If more space is needed, attach
an extra sheet of paper marked Block 22.
Block 23. Is Any Portion of the Work Already Complete? Provide any background on any part of the proposed project
already completed. Describe the area already developed, structures completed, any dredged or fill material already
discharged, the type of material, volume in cubic yards, acres filled, if a wetland or other waterbody (in acres or square
feet). If the work was done under an existing Corps permit, identify the authorization if possible.
Block 24. Names and Addresses of Adjoining Property Owners, Lessees, etc., Whose Property Adjoins the
Project Site. List complete names and fui) mailing addresses of the adjacent property owners (public and private) lessees,
etc., whose property adjoins the waterbody or aquatic site where the work is being proposed so that they may be notified of
the proposed activity (usually by public notice). If more space is needed, attach an extra sheet of paper marked Block 24.
Information regarding adjacent landowners is usually available through the office of the tax assessor in the
county of counties where the project is to be developed.
Block 25. Information about Approvals or Denials by Other Agencies. You may need the approval of other Federal,
state or local agencies for your project. Identify any applications you have submitted and the status, if any (approved or
denied) of each application. You need not have obtained all other permits before applying for a Corps permit.
Block 26. Signature of Applicant or Agent. The application must be signed by the owner or other authorized party
(agent) . This signature shall be an affirmation that the party applying for the permit possesses the requisite property rights
to undertake the activity applied for (including compliance with special conditions, mitigation, etc.).
DRAWINGS AND ILLUSTRATIONS
General Information.
Three types of illustrations are needed to properly depict the work to be undertaken. These illustrations or drawings
are identified as a Vicinity Map, a Plan View or a Typical Cross-Section Map. Identify each illustration with a figure
or attachment number.
Please submit one original, or good quality copy, of all drawings on 8 1/2x1 1 inch plain white paper (tracing paper or
film may be substituted). Use the fewest number of sheets necessary for your drawings or illustrations.
Each illustration should identify the project, the applicant, and the type of illustration (vicinity map, plan view or
cross-section) . While illustrations need not be professional (many small, private project illustrations are prepared by
hand), they should be clear, accurate and contain all necessary information.
ATTACHMENT A
Block 18. Nature of Activity
The proposed project will involve the addition of approximately 122,464 sf of building and 70,000 sf of
truck drive and truck docks, and 50 additional parking spaces to an existing pharmaceutical distribution
center. The building addition will consist of a concrete floor slab, steel framing and concrete tilt up
panels. The truck dock area, drive, and parking lot will be a combination of asphalt pavement and
concrete pavement. A portion of the fill for the building expansion was placed during the construction
of the existing building. Approximately 18,000 cubic yards of additional fill material will be required for
the building pad and approximately 6,000 cubic yards of fill material will be required for the truck dock
and parking lot. Fill material for the building pad, truck dock and parking lot will be local soil material
obtained from the site. Approximately 570 linear feet of reinforced concrete pipe will be installed for
the purpose of piping the existing stream and existing stormwater pond under the truck dock area.
Block 19. Project Purpose
The purpose of the project is to construct an addition to an existing pharmaceutical distribution center.
The existing center is a regional distribution site for a major pharmaceutical company. Generic drugs
are shipped from this location to retail customers throughout the continental United States. The existing
building, which was constructed in 1997, was designed for expansion on the east end of the building.
Due to the increased demand in their product, additional warehouse space and loading docks are
necessary. Since the design and construction of the building was for expansion to occur on the east
end, expansion in any other direction would be impractical and very costly. Expansion of the building
to the north is prohibited by an existing stormwater pond and to the south by the property boundary
line. Construction is scheduled to begin in August 2004.
Block 20. Reason(s) for Discharge
The planned discharge of fill into approximately 1,975 square feet (0.045 Acres) of wetlands and
approximately 120 linear feet of stream channel is necessary in order to construct the building pad for
the expansion of the distribution center. The discharge of fill material is also necessary in order to
construct the truck dock area and parking lot.
The building expansion will also impact approximately 13,448 square feet (0.31 acres) of an existing,
non jurisdictional stormwater pond constructed as part of the NC Department of Environment and
Natural Resources, Division of Water Quality's approval of the 401 Water Quality Certification dated
October 21, 1996. The existing pond will be enlarged to replace the area impacted by the building
expansion.
Attachment A
Page 2
The NC Division of water Quality, Ecosystem Enhancement Program has been contacted and there is a
program available in this area for us to participate in if mitigation of the stream and/or wetland is
required (See Attachment C).
Block 22. Surface Area in Acres of Wetlands or Other Waters Filled
Wetland - 0.045 Acres
Stream Channel - .014 Acres (1201f)
Fill material for each area listed above will be placed with conventional grading equipment such as
scrapers and track loaders. The pipe will be placed by a track backhoe. Adequate erosion and
sedimentation control devices will be designed such that erosion and sedimentation will be minimized
and contained on the project site. The erosion control plan will be reviewed by the City of Greensboro
and approved prior to any grading activity on the site.
Block 23. Is any Portion of the Work Already Complete? Yes
The existing building and associated parking and truck docks was constructed in 1997. A Corps of
Engineers Nationwide Permit 26 (See Action ID. 199607197) was issued on October 21, 1996 for the
"construction of a new facility that would include the draining and fill of a 4.55 acre farm pond that
would result in approximately 4.55 acres of impacts to the jurisdictional waters of an unnamed above
headwaters tributary of South Buffalo Creek." The State of North Carolina Division of Water Quality
followed by issuing a 401 water Quality Certification on October 21, 1996. The subsequent
construction of the existing building, parking, and truck docks actually resulted in impacts to the farm
pond of 2.35 acres. Additional pond area was created as part of the requirements of the 401 Water
Quality Certification. There have been no other impacts to wetlands or surface waters on this site.
ATTACHMENT B
Block 24. Addresses of Adjoining Property Owners
Lewis Investment Company, LLC
P. O. Box 16384
Greensboro, NC 27416-0834
700 Patton Avenue, Inc.
4910 Sedgelane Drive
Greensboro, NC 27407
Williams Properties of NC, LLC
1813 Pembroke Road
Greensboro, NC 27408
Laroche Industries, Inc.
Perimeter 400 Center
1100 Johnson Ferry Road
Atlanta, GA 30342-1790
Unitex Chemical Corporation
520 Broome Road
Greensboro, NC 27406
Wolff & Associates, LLC
2900 Manufacturers Road
Greensboro, NC 27406
DMS Investments, LLC
6114 Muirfield Drive
Greensboro, NC 27410
R Twining & Co., Ltd.
2812 Twining Road
Greensboro, NC 27406
Gar-Kay, LLC
P. O. Box 16166
Greensboro, NC 27406
J. B. Harrison Properties, LLC
1551 Farmington Road
Mocksville, NC 27028
Paige S. Welker
718 Westminster Drive
Greensboro, NC 27410
r
4i
NCDENR
RECD JUN 15, ZQQ4
North Carolina.Department of Environment and Natural Resources
Michael F. Easley, Governor ATTACHMENT C William G. Ross Jr., Secretary
June 10, 2004
L. Allen Hill, PE
Triad Design Group
4807-C Koger Blvd.
Greensboro, NC 27407
Subject: Project: Mylon Pharmaceuticals Expansion
County: Guilford
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for stream and riparian wetlands impacts associated with the subject project. Please note that the decision
by the NCEEP to accept the mitigation requirements of this project does not assure that this payment will be approved by
the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of
the applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is
appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated April 12, 2004, the stream and wetlands restoration that is
necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The
maximum amount of mitigation that the NCEEP will accpnt fhr th;c nrn;,t ;c ale^ ;nil;..oted ;,, tti;e #.L1_
Stream
linear feet Wetlands Riparian
acres Wetlands Non-
Riparian (acres) Riparian Buffer
(s q. ft.
Impact 120 0.05
Mitigation Max 240 0.10
i ne stream and npanan wetlands ttntigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03030002of the Cape Fear River
Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C.
Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5208.
Sincerely,
A(0
Deborah D. AIn-Lieu-Fee Administrator
cc: Cyndi Karoly, Wetlands/401 Unit
Andrea Wade, USACOE-Raleigh
Darryl Lamb, DWQ Regional Office-Winston-Salem
File
NC DENR Ecosystem Enhancement Program One
1619 Mail Service Center, Raleigh, North Carolina 27699-1619 NorthCarolina
Phone: 919-733-5208 \ FAX: 919-733-5321 \ Internet: h2o.enr.state.nc.us/wrp/ ?atmrdzly
VICINITY MAP
GREEN5130RO, NORTH CAROLINA
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DEPARTMENT OF THE ARMY 10?
Wilmington District, Corps of Engineers Post Office Box 1890 1
Wilmington, North Carolina 28402-1890
Action ID No. 200421091 July 8, 2004
PUBLIC NOTICE
Mylan Pharmaceuticals, Inc., 781 Chestnut Ridge Road, Morgantown, West Virginia,
26505, has applied for a Department of the Army (DA) permit TO PLACE FILL MATERIAL
INTO 120 LINEAR FEET OF STREAM CHANNEL AND 0.045 ACRE OF WETLAND,
ALONG AN UN TNAMED TRIBU'T'ARY TO SOUTH BUFFALO CREEK, IN THE CAPE
FEAR RIVER BASIN, ASSOCIATED WITH THE EXPANSION OF A COMMERCIAL
DISTRIBUTION CENTER, IN GREENSBORO, GUILFORD COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the applicant and
from observations made during a site visit by a representative of the Corps of Engineers. Plans
submitted with the application show the proposed expansion of an existing pharmaceutical
distribution center, including the construction of 122,464 square feet of building, 70,000 square
feet of truck drive and truck docks, and 50 additional parking spaces. The project site is located
at 2898 Manufacturers Road, in Greensboro, Guilford County, North Carolina.
The proposed project would involve the discharge of fill material into 0.045 acre of
wetland for the building expansion and truck docks. The project would also impact 120 linear
feet of an unnamed tributary to South Buffalo Creek for the building expansion, parking area and
truck drive. Plans showing the work are included with this public notice. The applicant was
previously permitted on October 21, 1996, under Action ID # 199607197 for a Department of the
Army Nationwide Permit 26, to drain and fill a 4.55 acre farm pond resulting in impacts to 4.55
acres of jurisdictional open waters of an unnamed above headwaters tributary of South Buffalo
Creek. Under that 1996 nationwide authorization, the application filled approximately 2.35 acres
of the then existing pond's open waters and converted the remaining 2.20 acres of open waters
into a storinwater treatment pond. The new proposed j urisdictional impacts are located
immediately upstream of the presently functioning stormwater treatment pond.
The applicant proposes to mitigate for impacts to wetlands and stream channels associated
with the project through payment into North Carolina Department of Natural Resources
Ecosystem Enhancement Program in the amount necessary to perform restoration to 0.045 acres
of jurisdictional riparian hardwood forest wetlands and 120 linear feet of warm water stream in
the Cape Fear River Basin.
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated. State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein. Based on the best available evidence, it has been determined that
no sites within the vicinity of the project are registered or listed as being eligible for inclusion in
the Register. Examination of the National Register of Historic Places constitutes the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of other such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the public
interest. Evaluation of the probable impacts that the proposed activity may have on the public
interest requires a careful weighing of all those factors, which become relevant in each particular
case. The benefits, which reasonably maybe expected to accrue from the proposal, must be
balanced against its reasonably foreseeable detriments. The decision whether to authorize a
proposal, and if so the conditions under which it will be allowed to occur, are therefore
determined by the outcome of the general balancing process. That decision should reflect the
national concern for both protection and utilization of important resources. All factors that may
} be relevant to the proposal must be considered including the cumulative effects thereof. Among
those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural
values, fish and wildlife values, flood hazards and flood plain values (in accordance with
Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber production, mineral
needs, considerations of property ownership, and, in general, the needs and welfare of the people.
2
For activities involving the placement of dredged or fill materials in waters of the United
States, a permit will be denied if the discharge that would be authorized by such permit would
not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless
the District Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Anny (DA) permit
modification will not be made until the North Carolina Division of Water Quality (NCDWQ)
issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The
NCDWQ considers whether or not the proposed activity will comply with Sections 301, 302,
306, and 307 of the Clean Water Act. The application and this public notice for the Department
of the Army (DA) permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Wetlands /401 Unit, North Carolina DENR, Division of Water Quality, 2321
Crabtree Boulevard, Raleigh, North Carolina. Copies of such materials will be furnished to any
person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), Wetlands/401 Unit, 1650 Mail Service Center, Raleigh, North Carolina, 27699-
1650, on or before August 2, 2004, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Ms. Andrea Wade, until 4:15 p.m., August 9, 2004, or telephone (919)
876-8441, extension 31.
3
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® North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Ms. Andrea Wade, U.S. Army Corps of Engineers
Ral ' h Regulatory Field Office
A116 0 QOq
FROM: Shan L. Bryant, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 5 August 2004
SUBJECT: Public Notice for Mylan Pharmaceuticals, Inc. for Expansion of a Commercial
Distribution Center in Greensboro, Guilford County, North Carolina. Action ID No.
200421091
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject document and we are familiar with the habitat values of the area. Our comments are provided in
accordance with provisions of the Clean Water Act of 1977 (as amended), the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes
(G.S. 113-131 et seq.).
The applicant has applied for a permit to place fill material into 120 linear feet of stream channel
and 0.045 acre of wetlands along an unnamed tributary to South Buffalo Creek in the Cape Fear River
basin. The impacts include 122,464 square foot building, 70,000 square feet of truck drive and truck
docks and 50 additional parking spaces. The applicant previously drained and filled a 4.55 acre farm
pond; 2.35 acres were filled and 2.20 acres were converted into a stormwater treatment pond. The
proposed impacts are located upstream of the stormwater treatment pond. The applicant proposes to
mitigate on-site impacts though payment into North Carolina Ecosystem Enhancement Program for 0.045
acres of riparian hardwood forest wetland and 120 linear feet of warm water stream in the Cape Fear
River basin.
South Buffalo Creek is listed as impaired and is on the State's 303(d) list. Impaired biological
integrity is the reason for the listing and urban runoff and storm sewers are listed as the potential source
of impairment. There are no records of federal or state listed species in South Buffalo Creek.
We hesitate to concur with the piping of any stream due to the potential negative impacts to
downstream areas and the elimination of fish and wildlife habitat. Stream piping reduces the infiltration
of stormwater and associated pollutants, as well as the dissipation of stream energy. Culverting a stream
and placing it underground obviously removes both aquatic and terrestrial habitat. Existing uses by
wildlife are lost and future opportunities to improve aquatic diversity are precluded. Changes in land use
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643
Page 2
5 August 2004
Mylan Pharmaceuticals, Inc.
PN 200421091
from a primarily forested area to a suburban landscape may exacerbate channel degradation due to
increased stormwater runoff. Additionally, we are concerned about impacts to wetlands due to their
wildlife habitat value and the well-known beneficial functions that they provide for flood control and
water quality protection.
Should the permit be issued, we recommend that the following conditions be incorporated into
the permit to minimize impacts to fish and wildlife resources.
1. Remaining wetlands and streams on the site should be protected from additional impacts by
placing them in a permanent conservation easement to prohibit filling, draining, flooding, and
excavation.
2. In order to minimize stream impacts, while retaining some measure of wildlife habitat, we
recommend a 100-foot undisturbed, native, forested buffer along perennial streams, and a 50-foot
buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along
these areas will minimize impacts to fish and wildlife resources, water quality, aquatic habitat
both within and downstream of the project area, and help prevent the extirpation of endangered
and threatened species. In addition, wide riparian buffers are helpful in maintaining stability of
stream banks and for treatment of pollutants associated with urban stormwater. Whereas, a
grassed buffer, particularly fescue, is a vegetated buffer but will not provide the necessary and
highly valuable functions as discussed for forested buffers.
3. Specialized efforts and techniques should be implemented to reduce sediment runoff from
construction activities. Excessive silt and sediment loads can have numerous detrimental effects
on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging
of gills of aquatic species.
4. We recommend that landscaping be accomplished with native species that provide food and
nesting sites for urban wildlife. Using native species instead of ornamentals should provide
additional benefits by reducing the need for fertilizers, herbicides, and pesticides. Additionally,
native species should require less water.
5. Stormwater management facilities for the proposed expansion should be designed to achieve no
net change in the hydrology of the watershed. Additionally, if not already present, trees and
shrubs should be planted around and on the upper third of the existing stormwater detention pond,
excluding the dam. These should provide habitat benefits that could offset those functions lost by
development, partially restore aquatic habitats, reduce exposure of the water surface to sunlight
thereby minimizing thermal pollution, and provide essential summer and winter habitats.
Thank you for the opportunity to comment on this project. If we can provide fiuther assistance,
please contact our office at (336) 449-7625.
cc: John Dorney, DWQ
Boyce Hudson, DENR
0'11189
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
(33 CFR 3251
OMB APPROVAL NO. 0710-0003
Expires December 31, 2004
The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require
5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,
no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used In evaluating the application for a
permit., Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information Is voluntary, however, if Information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that Is not completed in full will be returned.
UTFMS f 7714911 A Tn ac ca r cn av ruc rnnnc.
1. APPLICATION NO. I 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE COMPLETED
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I hereby authorize, Z. 44.1-40,V !rjllLL, /d to act in my.behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
6 -`ip o y
APPLICANT'S SIGN7kTURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (,e*k nxoo,u,
plS-r et) 1 lotti c 1T' Elf AQ5i0?1 Fi52- ,l gL4KI P44P-&iA-CEU-1`(C4t-5 . ENG.
13. NAME OF WATERBODY, IF KNOWN p(appffcahki
11A1W-*nE0 To_1BvrV,-ey of _S'ovTt/ ?iGGACa
CACO?K .
15. LOCATION OF PROJECT
GU/GyD.g O NG
COUNTY STATE
14. PROJECT STREET ADDRESS (vapp&oble)
009. 1W.4141FpC7-VRE95 1,70,4D
G2E?'IU5gos2o , dJo2TE( C4-2oLI1??
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, rseernstrucuons( Gj? rr/E? 7owNS'r//!'
/-R7'7'/7-v09 - N 3&°
LoN?WrvDE - W 79° 4.6-G$3'
17. DIRECTIONS TO THE SITE Fj?M ?q?EfG?, /1/G ??QpcE?O Gt/?S r o.V 1 ?¢o ?o ?2EFNSi3o2o
//I/ E,Uf![or2p? 7-WIZE THE i*ear#EGm- Euc NE sT. E, tr ?Na r',aoc c_o Souz'rf?
io 7W ItiTE? sELTi oiV of SovT1{ .4,v0 /lVOv5 T,21ff& 4Vc"N0k--, 77veN
L.ELT ow 11-1,9UST>214-L /f l/E?t/!/? . FOLLpuJ IMOVS,-4144- ffVeA41F T /?H?1///f=RC TU.t'?2S
RO!¢D. Tl?.e?v LEFT av /1'J9.f/l16?C Tu2E2S ,poAO - 771E s,17E is ,97' 7-l/`C A5A10 of=
r?•`fNvf=?Turi S 24D 0A1 7;V&-5 LAT.
N R 4345, 7 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
18. Nature of Activity (Oercr/pion o/ popect, Mcluie Nl Jee,,cq
SM Ar-rr ci-imr r A.
19. Project Purpose (Describe the reason or purpose of the p ooa, see imtrua omi
5EE ? TrA-6 y4 r A
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
$EE A r4comENT A
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
W951t<AM D - APPS ax(MA -t,(.'( S75 GugIG YArr-DI vi- taaL so.? .vT ?. ?? wy)
S7 M - AMAeoKiM-4 Tel-Y 6X0 cuig?c f?A ps OF- La's .Solt
22. Surface Area in Acres of Wetlands or Other Waters Filled rseekwrucrAxa)
W,cruw--AvY - 5?eo A7-r*cw4&v7* A
Sf-E A
23. Is Any Portion of the Work Already Complete? Yes ? No IF YES, DESCRIBE THE COMPLETED WORK
5E? ATTA-c4+ Mme-r A
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
?E AYT? ?"? EN T ?
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL` IDENTIFICATION IW IlWneo nATC Aea -
`Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
authorized ant of the licant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be. signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or Imprisoned not more than five years or both.
- --------•---••-•----•-••-?•• vr+,c ra,c,cv .+.. I C rlrrnwv cu URIC uC1•Iltu
Instructions for Preparing a
Department of the Army Permit Application
Blocks 1 through 4. To be completed by Corps of Engineers
Block 5. Applicant's Name. Enter the name of the responsible party or parties. If the responsible party is an agency,
company, corporation or other organization, indicate the responsible officer and title. If more than one party is
associated with the application, please attach a sheet with the necessary information marked Block 5.
Block 6. Address of Applicant. Please provide the full address of the party or parties responsible for the application.
If more space is needed, attach an extra sheet of paper marked Block 6.
Block-7. Applicant Telephone Number(s). Please provide the number where you can usually be reached during normal
business hours.
Blocks 8 through 11. To be completed if you choose to have an agent
Block 8. Authorized Agent's Name and Title. Indicate name of individual or agency; designated by you, to represent
you in this process. An agent can be an attorney, builder, contractor, engineer or any other person or organization.
Note: An agent is not required.
Blocks 9 and 10. Agent's Address and Telephone Number. Please provide the complete mailing address of the agent,
along with the telephone number where he/she can be reached during normal business, hours.
Block 11. Statement of Authorization. To be completed by applicant if an agent is to be employed.
Block 12. Proposed Project Name or Title. Please provide name identifying the proposed project (i.e., Landmark
Plaza, Burned Hills Subdivision or Edsall Commercial Center).
Block 13. Name of Waterbody. Please provide the name of any stream, lake, marsh or other waterway to be directly
impacted by the activity. If it is a minor (no name) stream, identify the waterbody the minor stream enters.
Block 14. Proposed Project Street Address. If the proposed project is located at a site having a street address (not a
box number), please enter here.
Block 15. Location of Proposed Project. Enter the county and state where the proposed project is, located. If more
space is required, please attach a sheet with the necessary information marked Block 15.
Block 16. Other Location Descriptions. If available, provide the Section, Township and Range of the site and/or the
latitude and longitude. You may also provide description of the proposed project location, such as lot numbers, tract
numbers or you may choose to locate the proposed project site from a known point (such as the right descending
bank of Smith Creek, one mile down from the Highway 14 bridge). If a large river or stream, include the river mile of
the proposed project site if known.
Block 1.7. Directions to the Site. Provide directions to the site from a known location or landmark. Include highway
and street numbers as well as names. Also provide distances from known locations and any other information that
would assist in locating the site.
Block 18. Nature of Activity. Describe the overall activity or project. Give appropriate dimensions of structures such
as wingwalls, dikes (identify the materials to be used in construction, as well as the methods by which the work is to
be done), or excavations (length, width, and height). Indicate whether discharge of dredged or fill material is involved.
Also, identify any structure to be constructed on a fill, piles or float supported platforms.
The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you
wish to do. If more space is needed, attach an extra sheet of paper marked Block 18.
Block 19. Proposed Project Purpose. Describe the purpose and need for the proposed project. What will it be used for
and why? Also include a brief description of any related activities to be developed as the result of the proposed project.
Give the approximate dates you plan to both begin and complete all work.
Block 20. Reason(s) for Discharge. If the activity involves the discharge of dredged and/or fill material into a wetland or
other waterbody, including the temporary placement of material, explain the specific purpose of the placement of the
material (such as erosion control).
Block 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards. Describe the
material to be discharged and amount of each material to be discharged within Corps jurisdiction. Please be sure this
description will agree with your illustrations. Discharge material includes: rock, sand, clay, concrete, etc.
Block 22. Surface Areas of Wetlands or Other Waters Filled. Describe the area to be filled at each location.
Specifically identify the surface areas, or part thereof, to be filled. Also include the means by which the discharge is to be
done (backhoe, dragline, etc.). If dredged material is to be discharged on an upland site, identify the site and the steps to
be taken (if necessary) to prevent runoff from the dredged material back into a waterbody. If more space is needed, attach
an extra sheet of paper marked Block 22.
Block 23. Is Any Portion of the Work Already Complete? Provide any background on any part of the proposed project
at completed. Describe the area already developed, structures completed, any dredged or fill material already
discharged, the type of material, volume in cubic yards, acres filled, if a wetland or other waterbody (in acres or square
feet). If the work was done under an existing Corps permit, identify the authorization if possible.
Block 24. Names and Addresses of Adjoining Property Owners, Lessees, etc., Whose Property Adjoins the
Project Site. List complete names and fuii mailing addresses of the adjacent property owners (public and private) lessees,
etc., whose property adjoins the waterbody or aquatic site where the work is being proposed so that they may be notified of
the proposed activity (usually by public notice). If more space Is needed, attach an extra shoot of paper marked Block 24.
Information regarding adjacent landowners is usually available through the office of the tax assessor in the
county of counties where the project is to be developed.
Block 25. Information about Approvals or Denials by Other Agencies. You may need the approval of other Federal,
state or local agencies for your project. Identify any applications you have submitted and the status, if any (approved or
denied) of each application. You need not have obtained all other permits before applying for a Corps permit.
Block 26. Signature of Applicant or Agent. The application must be signed by the owner or other authorized party
(agent) . This signature shalt be an affirmation that the party applying for the permit possesses the requisite property rights
to undertake the activity applied for (including compliance with special conditions, mitigation, etc.).
DRAWINGS AND ILLUSTRATIONS
General Information.
Three types of illustrations are needed to properly depict the work to be undertaken. These illustrations or drawings
are identified as a Vicinity Map, a Plan View or a Typical Cross-Section Map. Identify each illustration with a figure
or attachment number.
Please submit one original, or good quality copy, of all drawings on 8 1/2x11 inch plain white paper (tracing paper or
film may be substituted). Use the fewest number of sheets necessary for your drawings or illustrations.
Each illustration should identify the project, the applicant, and the type of illustration (vicinity map, plan view or
cross-section) . While illustrations need not be professional (many small, private project illustrations are prepared by
hand), they should be dear, accurate and contain all necessary information.
ATTACHMENT A
Block 18. Nature of Activity
The proposed project will involve the addition of approximately 122,464 sf of building and 70,000 sf of
truck drive and truck docks, and 50 additional parking spaces to an existing pharmaceutical distribution
center. The building addition will consist of a concrete floor slab, steel framing and concrete tilt up
panels. The truck dock area, drive, and parking lot will be a combination of asphalt pavement and
concrete pavement. A portion of the fill for the building expansion was placed during the construction
of the existing building. Approximately 18,000 cubic yards of additional fill material will be required for
the building pad and approximately 6,000 cubic yards of fill material will be required for the truck dock
and parking lot. Fill material for the building pad, truck dock and parking lot will be local soil material
obtained from the site. Approximately 570 linear feet of reinforced concrete pipe will be installed for
the purpose of piping the existing stream and existing stormwater pond under the truck dock area.
Block 19. Project Purpose
The purpose of the project is to construct an addition to an existing pharmaceutical distribution center.
The existing center is a regional distribution site for a major pharmaceutical company. Generic drugs
are shipped from this location to retail customers throughout the continental United States. The existing
building, which was constructed in 1997, was designed for expansion on the east end of the building.
Due to the increased demand in their product, additional warehouse space and loading docks are
necessary. Since the design and construction of the building was for expansion to occur on the east
end, expansion in any other direction would be impractical and very costly. Expansion of the building
to the north is prohibited by an existing stormwater pond and to the south by the property boundary
line. Construction is scheduled to begin in August 2004.
Block 20. Reason(s) for Discharge
The planned discharge of fill into approximately 1,975 square feet (0.045 Acres) of wetlands and
approximately 120 linear feet of stream channel is necessary in order to construct the building pad for
the expansion of the distribution center. The discharge of fill material is also necessary in order to
construct the truck dock area and parking lot.
The building expansion will also impact approximately 13,448 square feet (0.31 acres) of an existing,
non jurisdictional stormwater pond constructed as part of the NC Department of Environment and
Natural Resources, Division of Water Quality's approval of the 401 Water Quality Certification dated
October 21, 1996. The existing pond will be enlarged to replace the area impacted by the building
expansion.
Attachment A
Page 2
The NC Division of water Quality, Ecosystem Enhancement Program has been contacted and there is a
program available in this area for us to participate in if mitigation of the stream and/or wetland is
required (See Attachment C).
Block 22. Surface Area in Acres of Wetlands or Other Waters Filled
Wetland - 0.045 Acres
Stream Channel - .014 Acres (1201f)
Fill material for each area listed above will be placed with conventional grading equipment such as
scrapers and track loaders. The pipe will be placed by a track backhoe. Adequate erosion and
sedimentation control devices will be designed such that erosion and sedimentation will be minimized
and contained on the project site. The erosion control plan will be reviewed by the City of Greensboro
and approved prior to any grading activity on the site.
Block 23. Is any Portion of the Work Already Complete? Yes
The existing building and associated parking and truck docks was constructed in 1997. A Corps of
Engineers Nationwide Permit 26 (See Action ID. 199607197) was issued on October 21, 1996 for the
"construction of a new facility that would include the draining and fill of a 4.55 acre farm pond that
would result in approximately 4.55 acres of impacts to the jurisdictional waters of an unnamed above
headwaters tributary of South Buffalo Creek." The State of North Carolina Division of Water Quality
followed by issuing a 401 water Quality Certification on October 21, 1996. The subsequent
construction of the existing building, parking, and truck docks actually resulted in impacts to the farm
pond of 2.35 acres. Additional pond area was created as part of the requirements of the 401 Water
Quality Certification. There have been no other impacts to wetlands or surface waters on this site.
ATTACHMENT B
Block 24. Addresses of Adjoining Property Owners
Lewis Investment Company, LLC
P. O. Box 16384
Greensboro, NC 27416-0834
700 Patton Avenue, Inc.
4910 Sedgelane Drive
Greensboro, NC 27407
Williams Properties of NC, LLC
1813 Pembroke Road
Greensboro, NC 27408
Laroche Industries, Inc.
Perimeter 400 Center
1100 Johnson Ferry Road
Atlanta, GA 30342-1790
Unitex Chemical Corporation
520 Broome Road
Greensboro, NC 27406
Wolff & Associates, LLC
2900 Manufacturers Road
Greensboro, NC 27406
DMS Investments, LLC
6114 Muirfield Drive
Greensboro, NC 27410
R Twining & Co., Ltd.
2812 Twining Road
Greensboro, NC 27406
Gar-Kay, LLC
P. O. Box 16166
Greensboro, NC 27406
J. B. Harrison Properties, LLC
1551 Farmington Road
Mocksville, NC 27028
Paige S. Welker
718 Westminster Drive
Greensboro, NC 27410
NCDENR
RECD JUN ZOQ4
North Carolina-Department of. Environment and Natural Resources
Michael F. Easley, Governor ATTACHMENT C William G. Ross Jr., Secretary
June 10, 2004
L. Allen Hill, PE
Triad Design Group
4807-C Koger Blvd.
Greensboro, NC 27407
Subject: Project: Mylon Pharmaceuticals Expansion
County: Guilford
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for stream and riparian wetlands impacts associated with the subject project. Please note that the decision
by the NCEEP to accept the mitigation requirements of this project does not assure that this payment will be approved by
the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of
the applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is
appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated April 12, 2004, the stream and wetlands restoration that is
necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The
maximum amount of mideation that the NCEEP will accesnr fnr this nrn;P,-t ;c alen inA;rat,-A ;") tb;e rablo
Stream
linear feet Wetlands Riparian
acres Wetlands Non- V
Riparian (acres) Riparian Buffer
(s q. ft.
Impact 120 0.05
Mitigation Max 240 0.10
ine sueam and riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03030002of the Cape Fear River
Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C.
Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5208.
Sincerely,
AD <0VZV
Deborah D. Anderson,
In-Lieu-Fee Administrator
cc: Cyndi Karoly, Wetlands/401 Unit
Andrea Wade, USACOE-Raleigh
Darryl Lamb, DWQ Regional Office-Winston-Salem
File
NC DENR Ecosystem Enhancement Program One
1619 Mail Service Center, Raleigh, North Carolina 27699-1619 NofthCarolina
Phone: 919-733-5208 VAX: 919-733-5321 \ Internet: h2o.enr.state.nc.us/wrp/
VICINITY MAP
GREEN5BOR0, NORTH CAROLINA
MYLAN f HARMACEUTICAL5 VACINITY MAP FIGURE 1
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Triage Check List
Date: a Project Name: _I
DWQ#:
County: Cns
To: ? ARO Kevin Barnett ? WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ?WSRO Dazyl L
? RRO Mike Horan
From: Telephone : (919) '333
The file attached is being forwarded to Your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments. ?'" 'ter ?d "J,_ CCAA?Plc_""V -
oq//81'
7 ,
Tfi 4 TRANSMITTAL LETTER
Design
Date: Jul 29 2004
Grnup y
WETLANDS / 401 GROUP
To: Mr. John Dorney
NCDENR, Division of Water Quality AUG 1) 2 2004
1650 Mail Service Center WATER QUALITY SECTION
Raleigh, North Carolina 27699-1650
4807-C Koger Blvd. Project: Mylan Expansion Project No.: 04-019/1)
Greensboro, NC 27407 DWQ Project No. 04-1189
Phone 336-218-8282 Greensboro, NC
Fax 336-218-8010
We Transmit: For Your:
( x ) herewith ( ) approval
( ) under separate cover ( x ) review & comment
( ) use
The Following:
Copies Date Description
P VP Af-T I,.
r{1??L..?,.1
RE???VCJ 2 June 18, 2004 Application for Department of the Army Permit
(33CFR 325)
1 July 29, 2004 TDG Check No. 13679 ($200.00 Permit
Review Fee)
Remarks: I am sending this information per your letter dated July 23, 2004. If
you have any questions or need additional information, please call me at
336-218-8282. Thank you for your assistance in this matter.
Copies: File, Larry Salmon
Scott Marshall
Sincerely,
By: L Allan Hill
L. Allan Hill, P.E.
Chief Civil Engineer
P:\2004\Mylan Expansion 04\Admin\07-29-04 permit to DWQ.xmt.wpd
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
July 23, 2004
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mylan Pharmaceuticals, Inc.
C/o Mr. L. Allan Hill
781 Chestnut Ridge Road
Morgantown, WV, 26505
Subject Property: Expansion of Commercial Distribution Center
REQUEST FOR MORE INFORMATION
Dear Mr. Hill
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ Project # 04-1189
Guilford County
On July 9, 2004, the Public Notice for your application to impact 0.045 acres of jurisdictional
wetlands and 120 linear feet of streams for the expansion of the Mylan Pharmaceuticals
commercial distribution center was received by the N.C. Division of Water Quality. The
Division will begin to review the project for eventual decision. However, please be aware that
beginning January 1, 1999 that the N.C. General Assembly passed legislation requiring payment
of a fee of $200.00 for this project. Also, applicants are required to provide to DWQ two copies
of all application materials provided to the U.S. Army Corps of Engineers. The 401 Water
Quality Certification cannot be issued until this fee is paid and the copies are provided. This
project has been assigned DWQ Project No. 04-1189. Please refer to this project number in all
future correspondence. Please note that as required by 15A NCAC 2H.0506 we will place this
project on hold as incomplete until we receive this additional information.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney
at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss
this matter.
Sincerely,
Joh Dorney,
DWQ, Wetlands / 401 Unit
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919.733-6893 / Intemet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally
Republic Services of North Carolina, LLC:
Page 2 of 2
July 21, 2004:
JRDlcbk
cc: Daryl Lamb, DWQ Winston-Salem Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
L. Allan Hill, 4807-C Koger Blvd., Greensboro, NC, 27407
Filename: 041189Mylan(Guilford)Hold
TRIAD DESIGN GROUP
NC Dd9ot. of'Environment & Nat. Resources
Voucher Invoice Type Date Reference
5407 040729 Invoice 07/29/04 DWQ Project No. 04-1189
Date: 07/29/2004
Balance
$200.00
Check Number:
Check Amt:
Discount
$0.00
1361-P99
$200.00
Pay Amount
$200.00
WETLANDS / 401 GROUP
AUG 02 2004
WATER QUALITY SECTION