20020379 Ver 1_COMPLETE FILE_20020313

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
April 16, 2002
Mr. Sandy Smith
EcoScience Corporation
1101 Haynes Street, Suite 101 APR 7200
Raleigh, North Carolina 27604 .9
Subject: Project: EMD Pharmaceuticals
Treyburne Industrial Park
County: Durham
P --
Y-11 ,
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program
(NCWRP) is willing to accept payment for wetland impacts associated with the subject project. Please note
that the decision by the NCWRP 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 NCWRP 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 and 401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated, April 9, 2002 the non-riparian wetland
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 NCWRP will accept for this
project is also indicated in this table.
Stream
(linear feet) Wetland
(acres) Riparian Buffer
(ft2)
Impact 0.25 non-riparian
Mitigation Maximum 0.50 non-riparian
The non-riparian wetland 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
03020201 of the Neuse 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 Crystal Braswell at (919)
733-5208.
TS' erely,
Ronald E. errell,
Program Manager
cc: Rob Ridincs, Wetlands/401 Unit
Todd Tugwell, USACOE
file

Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 [phone] Customer Service '&
320 West Jones Street Raleigh, NC 27603 Fax: [phone] 623-7748 1 C 4R
1101 Havnes Street Suite 101 Raleigh. NC 27604 Telephone:
EcoScience
April 17, 2002
FIL E ti
Copy.
`f
919.825.3433 Fax: [phone]
1W Z
APR 2 A 2002 ?
Mr. Todd Tugwell WETLANDSp0p
Raleigh Regulatory Office WATER QUALITY SECT10N._ .. _ ._)
U.S. Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
RE: Nationwide Permitting and Water Quality Certification for Proposed 01-086
Impacts Associated with Development within Treyburn Industrial Park,
Durham County, NC
U.S. Army Corps of Engineers Action ID No. 200121286
Dear Todd,
An initial permit application for the above-mentioned project was submitted to the U.S. Army Corps
of Engineers (COE) dated March 11, 2002. Deficiencies in this application resulted in a letter dated
March 25, 2002 from you to the permit applicant, Mr. Ewald Mueller of EMD Pharmaceuticals, Inc.
(please see attached copy). Your letter requests 1) more information concerning avoidance and
minimization of adverse impacts to waters of the United States and 2) a description of what
mitigative actions will be taken to offset proposed impacts to vegetated wetlands. This package is
intended to serve as a revised application which provides the requested additional information.
EMD Pharmaceuticals, Inc. proposes impacts to Section 404 jurisdictional areas associated with
development within Treyburn Industrial Park in Durham County. The development will result in
impacts to two areas supporting vegetated wetlands subject to Section 404 of the Clean Water Act.
The total impact of 0.25 acre of jurisdictional wetland is believed to be authorized by Nationwide
Permit #39 (residential, commercial, and institutional developments) and its general water quality
certification. No open waters or riparian buffers are proposed to be affected by the project.
Compensatory mitigation for proposed impacts is payment of a fee into the N.C. Wetlands
Restoration Fund. Pte( ?? ???
EcoScience Corporation
Mr. Todd Tugwell
April 17, 2002
Page 2
Please consider this package as notification to the COE concerning requested use of NWP #39. A
copy of this package will be submitted as courtesy notification to the N.C. Division of Water Quality
(DWQ•
The following items are attached to this letter:
• A copy of a letter dated March 25, 2002 from Todd J. Tugwell to Ewald Mueller
• A completed Pre-Construction Notification form for proposed impacts
• Exhibit 1, project vicinity map
• Exhibit 2, project area map
• Exhibit 3, a development plan depicting delineated Section 404 jurisdictional areas and
proposed jurisdictional area impacts
• Exhibit 4, soils map
• Exhibits 5 and 5A, Neuse River Riparian Buffer maps
• Exhibit 6, a letter from Hazen and Sawyer Engineers to the Raleigh COE office
indicating an greement concerning potential use of nationwide permits at this site
• Exhibit 7, a copy from the property deed indicating that EMD Pharmaceuticals is the
property owner
• Exhibit 8, a letter indicating N.C. Division of Water Quality -approval of the Neuse River
Riparian buffer delineation
• Exhibit 9, a map indicating proposed impacts at the upper end of a linear depression
• Exhibit 10, atypical culvert length-wise section
• Exhibit 11, a map indicating proposed impacts at the lower end of a linear depression
• Exhibit 12, a letter indicating N.C. Wetland Restoration Program acceptance of payment
for compensatory mitigation
This property is under development by a company called EMD Pharmaceuticals, Inc. The contact
with EMD Pharmaceuticals, Inc. is Mr. Ewald Muller. The permittee should be designated as EMD
Pharmaceuticals, Inc. and the contact address and phone number are as follows.
EcoScience Corporation
Mr. Todd Tugwell
April 17, 2002
Page 3
EMD Pharmaceuticals, Inc.
P.O. Box 13318
Research Triangle Park, NC 27709-3319
phone: [phone]
Thank you for your assistance on this project. If you have any questions concerning this information,
please do not hesitate to give me a call.
Yours truly,
ECOSCIENCE CORPORATION
* f. ?<-
Alexander P. (Sandy) Smith
Senior Scientist
Attachments
CC: Mr. Don Cordell, Hazen and Sawyer
Mr. John Domey, N.C. Division of Water Quality
Mr. Eric Staehle, Coulter Jewell Thames
F r ?7
CAMP
1 ?•" }1 17 0- NATIO .J-
L
rt. v 1 ?? e??? I
739
?s. r ;???,? ???•, ?` ??' ' ,' ? '? '? ' t? ?? ??J ?k ? ?,?`' 2002 )??`?`'? ;
kt am ) ? i t
??3,?'i ;<Z ?, ETIA P -_ w?oolc?ut?
1. `` , yy E U In.
d ?? 1 A-plan:
f ?,, n a Gam J) ?C ?'
d: le.. r r f? /?/ Statei l? BU
` ? - ? i ? 729 '( `? .. ?f?y$? / ?-?N !' t /i.
7
Sub'tii
Site "Jr J\
4•
Location r ~ t
1 7,..
zaxt
O ?yc , + ti
1 ?.
PPKK ° ' ? .'• t { r ? too ?'?? r ? ?..
w6 \ yw
SON
J t
( ll tL l ` ?• rod ?y° V
C-ag
_ - ( 2 mi. _ 0 2 mi.
INNIN!
--- 1:100,000
Source: USGS 30x60 Minute Quad (Henderson N.C.)
T ?
u ,n
Dm. by: MAF EXHIBIT
EcoScience PROJECT VICINITY cka by: APS
PS
Corporation Treyburn Wetlands Buffer Assessment Date: JAN 2002
RM'kih,NoftCarolina Durham County, North Carolina Project:
01-086
? 4r /I
t
'? '
??S ?fc_.?-' /
? = ,. °?``1 f ?it?\ I - ?. s--c-\1'.-=1F,}l Lr?, <.??;,

I'll 6?-4

Fa as ?z / u
?k/r'• 7
J II ?y? -T? / ? t ,
S
t Loc ite
ation
r

/

B M ;.

. rl

74 ., 11 6.•

\\

-

- /t- '2159

0 2000 it. 4000 ft.
1:24 000
Source: USGS 7.5 Minute Quad (North East Durham, N.C )

LIM. by:
MAF EXHIBIT
EcoScience PROJECT AREA ???
APs
Corporation Treyburn Wetlands Buffer Assessment Date: JAN 2002 2
Raleigh,NorthCarolina Durham County, North Carolina Project:
01 -086
I LEGEND I
?SST? WATER OF THE U.S.
- TREE LINE
- - - MINOR CONTOUR / i
ROADS
'V
- -------------
4-1
i

EcoScience
Corporation
Raleigh, North Carolina
11 REVISIONS 11
2

AA SHALL NOT BE CONSIDERED A CERTIFIED
SITE
\ / , Co PARKWAY
?, _ ? wig CTS HgtP l
` ? _ , '?' 295.9 TEK
HAZEN AND
SAWYER, P.C.
RALEIGH,
NORTH CAROLINA
Project:
TREYBURN
WETLANDS
BUFFER
ASSESSMENT
DURHAM COUNTY,
NORTH CAROLINA
Title:
SITE PLAN
Dwn By: Date:
MAF JAN 2002
Ckd By: Scale:
APS 1"- 400'
ESC Project No.:
01-086
EXHIBIT
3
VICINITY MAP
k
-?, j,r : l f 11i , ly \!A
-? f
S F?< % 7 C t t
11 -- (? . ` `? , f, ?1 '; /? I e itr[3 ?~? `? i? ` , ' .\ l . _?
} t / / /,1 \'1 ice` // (? r =-
'
Site
Location o
ro,
-A I`
h?-•\'t ? .( j ? j, :? t I ? ?? f¢`: --^-'i....f 1" ,, ( r I T'.,; f.. 1 f..
fi r,s
"•€.s^'a t r ?, s -' V y'{ V `? r 1 i ' t. ' f y r
y?`
?r?, LEGEND
C R,
r`. r.,'r, Cc Cartecay / Chewacla
lY CrB Creedmoor sandy loam
/j , (t. ,• } 2-6 /o slopes
CrC Creedmoor sandy loam
6-10% slopes
At
r Z t I t =? GrB Granville sandy loam
2-6% slopesI
MfB Mayodan sandy loam
r 4 t 2-6% slopes
F
f t ?? MfC Mayodan sandy loam
6-10% slopes
_ MfD Mayodan sandy loam
x? 10-15% slopes
?" .?rr• ` ; Mn Wehadkee silt loam
{t, t.
- ?-' MsB White store sandy loam
n.? 2-6% slopes
c o Y, MsC White store sandy loam j
6-10% slopes
0 2000 rt. MsE White store sandy loam
i:zo.ooo rr ` t\ 10-25% slopes
S"JI
T,r i i•
EcoScience
Corporation
D- by
MAF EXHIBIT
Ckd by:
APS
Date:

J rl
A 2002 4
Project 01-086
/oq
O?
4
0
Ilk
VICINITY MAP
z
u
OINFORMATION SHOWN BASED ON THE m
FOLLOWING REFERENCES. d
DURHAM COUNTY GIS C.
'WETLAND DELINEATION SURVEY SITE FOR
TREYBURN CORPORATE PARK'BY CALLEMYN- u
PARKER, INC., DATED DECEMBER 1. Z
1998.
FOR EMD PHARMACEUTICALS, INC.' vi
BY S.D. PUCKETT d ASSOC. INC., DATED w
MAYO. 2001.
USGS QUAD MAP NORTHEAST DURHAM
LINE TA BLE
LINE LENGTH BEARING
L1 143.03 N78' 41'46"W
L2 211.74 N73° 00'00"W
L3 321.18 S87° 31'73"W
L4 84.70 N27° 29'56"W
L5 120.43 N48° 50'38"E
L6 227.50 N33.07'18"E
L7 528.24 N69° 09'02"E
L8 57.87 N19- 25'58"W
'PIED
C/ I O
1 SHALL NOT BE CONSIDERED A CERTIFIED DOCUMENT.
C.
o
C N
S_ TAX MAP
950-01-M
ANE PIN *
CURVE TABLE
CURVE LENGTH
661.21 RADIUS
1944.86 CHORD DIR
S82' 44'22"E CHORD
658.03
1176.24 1313.14 N66' 49'04"W 1137.31
R 131.51 1561.14 46' 26'34"W 131.47
130.53 1270.92 S41.04'52"W 130.47
146.47 1669.05 35° 37'30"W 146.42
129.90 2956.63 N34° 22'10"E 129.89
78.79 2166.83 N36° 40'12"E 78.78
C8
C9
CIO 21.32
529.33
523.66 2166.83
2166.83
2166.83 N37.59'36"E
N45.16'25"E
N59' 42'48"E 21.32
528.01
522.39
C11 123.80 2821.67 N67* 5313711E 123.79
C12 138.18 3166.55 S67' 54'01"W 138.17
C73 264.61 2416.83 S63° 30'49"W 264.47
214 34.55
1
2416.83 59.58'04"W
P 34.55
__
Cis 19.59 2166.83 N52' 31'51"E 19.59
0845-02-67-5196
*A" ?? .
t00WfSE ?
PONT.
SET /t?j'
ZONES OR BASE FLOOD ELEVATIONS WERE
TIGATED DURING THIS SURVEY.
DE uNWTURBED STREAM BUFFER EACH SIDE
rREAM, MEASURED FROM TOP OF BANK. NO
S?r OR CA 1RDWARR YMA?OENAOTHER THAN SELECTIVE NCE OF EXISTING VEGETATION EMITTED.
/ PURPOSE OF THIS MAP IS TO DOCUMENT THE 50'
TUBBED STREAM BUFFER BASED ON REFERENCED
7fA1.
OL DATA BASED ON DRAWING WETLAAO DELINEATION
'KY SITE FOR TREYBURN CORPORATE PARK,ar CALLEAIrN-
'£R IN;- DATED DECEMBER 1. 1998.
EcoScience
Corporation
Raleigh, North Carolina
REVISIONS
Client:
HAZEN AND
SAWYER, P.C.
RALEIGH,
NORTH CAROLINA
Project:
TREYBURN
WETLANDS
BUFFER
ASSESSMENT
DURHAM COUNTY,
NORTH CAROLINA
Title;
NEUSE
RIPARIAN
BUFFERS
Dwn By: Dote=
MAF JAN 2002
Ckd By: Seale:
APS 1"- 300'
ESC Project No.;
01-086
FIGURE
5

LLAT
- IONS
r
10
3
91'
L -q.
tt
C - IT) ` (
).tNf
)
46 !
! SDO
11
3 6.44
10.06 IM
,m 15
16 36
266
.
7.45
)
52 5
5 .
166
539 991
1241 /m
) 0.70 10
24 b
270
.
D39
D33 5

5 0.74

0.67 19.41

2176 0.A 24 30 3048
0
0.95
0 3 Sm
500 116
1031 0.70
lm 15
16 274
46
91
0.79 3
3 5m 1591 0.70 24
24 246
50
Om 3 SAD 1197 0.79
M76
D80 3
3 SAD
SAO 231
1687 0.70
0.70 15
24 30
90
0.56
0
52 5
S Sm
500 199
1.26 0.A
0.70 /5
15 22
I2S
,
036 5 306 192 0.70 1! 22
0.76 3 Sm 21.96
W
25 ' 0.70
010 30
30 114
32
0.76
0.54 5
5 500
739 _
4113 0.70 36 75
0.24
I24 226
226 219D
2860 3937
40.46 O.W
0.70 42
42 22
34
023 229 2296 42.25 0.70 42 25
90R
HEN)OLL
DID106L _
E VO COE OA W 01Y?OF9EOUgYY STNL..=
SILL
M MILT S=Lcnmc IN M VA7ER
M D0V17Y/ONAtEIFMIDN
VLL X A FIVE CV) DIwIF:IDt PRECAST 46LE
M NAMdE V61 1NK AN g D1AIE7ER DDILET "LE
DRADEI .fIO M NM6RE VALL m DETAM M
OlRLT VB.L 1E1E 293/6• M 1)1VERT ? M 8 D1D1
M DIIRLT SIdiCR6tE AND ALL TRIER iRTA1LS
ASmOA7E11 V(M M 57001 VARR STSTEN VILL K
509KRE• PI= ftL?V Mm CDMSOERATIDN AT M
17361e1crm+ pRwvOG S1A10Sm))L
M xti .'•.17 u5[s m THAr nE7tE vD.L ltor >E A/1r
11AC1fVwTQ 13'fECTS a M OUiI.ET DEVICE, w
COPILTE AIYLYSIS CF M M7D1 VILL K SU9111T7ED
AT M CO6T9l1CTg1 ptAV016 PlIASE.
M IUIbtAE VAl INK A REVERSE MM DRAIN
D6TALL0 (}0 >E DESIOEO AT THE CONSTRUCTMN
ma.6),T RIASE7 1o DRAp M TENPOGRY Pm IN 2
5 DAYi
Exhibit 5A
i
T6
o?
A s!
is
NOT ISSUED FOR
CONSTRUCT[ON
EMD
Phum ceuftWs
co
rQ?
r
11
Un. 0 `` 1all
f dy
c? t
G
w
IS
f¦r QRN)
0 WD PLAN
LeeiNv
pRppEFry RELATED IT@45
-- PROP9i1Y LM
----s_ 6ASOo1T LIT!
-JI
. sTR1R:TURE
-.:-0_ -[tea-
/? FBILE
RerAnANS I+w.l
FlVING
E•:.sT9t0 PROPO??
____ CIF 1
F P
AVE-SIT
M3 O
® A
9
G BEGNLNFiFNOH P?DINf
PV1NT OF CLRVIT/R2
R PANT Of TANSBIOY
UTILITIES
zVsSS- PFOPOSm
iJ trues POLE
® LATOH DAMN
O RRAISW 1111-4DLe
510W ORA.-4B MP
e CLLV9LT
- ' YTARY 9618
TOPOGRAPHY
._- ?'A6 - coNTOUt
01313 SPOTt ATWM
STREM (TOP OF Oa/q
-Mpyp
"?+" FLOOO`NY
FLOOOPLNN
+[ Sd M1RlAM MRR
!OR D' S11tEA14 BlFF60
NOfF Its F610iB M 1L000Y Y. / 6 VAT® I TERPAL
TO ee OISPO? Or q)rSAM p M FLOOMWY.

tiH GN.,G
=?'ialys
n ?A
9363
4 .y
b
?h4ELY0
2,z8?a s
I I Jos M+elr. 0130
CAM# DDF716
9 TNM
GRADING PLAN
se»1'NO.«
SD3 « 8
HAZEN AND SAS
Environmenta! Engineers & Scientists
August 27, 2001
Mr. Todd J. Tugweil
Regulatory Specialist
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Re:
Treybum Industrial Prospective
H&S Job No.: 3424
Hazen and Sawyer, P C.
4011 WestChase Blvd.
Raie4k NC 27607
919 M7152
Fax: [phone]
Dear Mr. Tugwell:
Thank you for the time spent with me last week to review the 404 permitting options of the latest
industrial prospect at Treybum. As we discussed, a new prospect is considering the Treybum parcel
shown on the attached site drawing. Wetland delineations for this site have been previously established
and accepted by the COE.
Based on our conversation, we understand that three current Nationwide permits have potential
application to this site. Those permits are as follows:
NWP 14 Road Crossings
NWP 18 Minor Discharges
NWP 39 Commercial and Industrial Developments
We believe it should be possible to accommodate the proposed use of this site within the
constraints imposed by these permits. Further details of the site plan and application of the Nationwide
permits will be forwarded to your office when they are available.
On a related note, we also discussed the possibility that portions of the previous wetlands
delineation for this site included areas that likely qualify as 'isolated wetlands" and may no longer be
subject to tederal protection. We plan to request an re-evaluation of these areas as part of the site
planning process. A Treybum environmental consultant will be in touch with you to request this review.
Thanks again for your input and assistance.
Very truly yours,
HAZEN AND SAWYER, P.C.
Donald ordell, P.E.
Vice President
cc: Mr. Terry Sanford .
Tu gwe118-27-01 letter.doe
t'
New York NY • NmMk. W • 4WodMA,, W . Nppfr Sad* Rim. W • (WM. MI • R3I4ICU, NC • Chamft NC • FOW YA • "MM OW. FL • W= Ppun. FL • Fm Pff". FL • 62im mft FL • SX$WtL FL • MOM, FL
FEE. - ? 02 1 Hil; l U? ? Ja ;dt?L`?iVi4 KXV
1GL ?l7 a:`l 41a ;.UUl1UUl
Mlehsei F. I_aeisy. Gmrerrssr
W t m Cs. Roar Jr., Secretary
North CerdIna Dep r m in of Emtonment and Natural Resources
Relelph Reglonal Of las
Gregory 1. Thorpe. Wo
AcftDlrettor
I)ivi M of Weter Guaiity
February 6, 2002
Alexander (Sandy) Smith
£CdScience
1101 Haynes Street, Suite 101
Raleigh, N.C. 27604
Subject: Neuse River Basin
Ripatlan buffer Rules
Treyburn Corporate Park
ECO # 01-09.3
NBRRO 02-022
Durham County
pear Mr. Smith:
The information that was received by the Raleigh Regional Office on January 7, 2002 has been
reviewed. The plat map and other information was provided to allow a determination to be made as
to whether or not the site would require compliance with the Nauss Suffer Rule. This specific project
is referenced by the Raleigh Regional Office as NSRRO 02-022. This letter will serve as confirmation
of the buffer determinations made by EcoScience at the subject property.
The features represented on the Durham County Soils and the North East Durham USGS 12uad maps
were evaluated on Octobar'16, 2001 to determine their subjectivity to the Neuse Buffer Rule. Several.
stream features are depicted on the rnaps within the subject property. Those .that are subject to the
Nauss River Basin. Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of
Existing Riparian Areas, Administrative -Code Ti SA:028..0233 (NCAC 0233) have been depicted on the
attached map with the required. buffer indicated , All the remaining features depicted on the map
(those shown without buffer) are not present on the ground as streams and are therefore, not subject
to the fifty foot riparian buffer rule.
This letter addresses only the applicability of the Buffer Rules. For information relative to the Wetlands
4011404 issues, please contact Mr. John Dorney at 919-733-1786. Thank you for your attention to
this matter and if. this Office can be of any assistance or if you have additional questions, please do
not hesitate to contact us.
Sincerely,
Steve Mitchell
Environmental Scientist
cc: fiRalJohn Dorney
. Land Quality
H;lnbrlet, fo.rlnbr02ttreybum.022
N. C. Div18?on of Water Quattty ' 1628 Mall Service Center Raleigh, NC 27699.1628 419.571.4700
FAX 910.571A718
0-
AN
custoner Sondes
i 800.829.7748
Dwn. by:
PROPOSED WETLAND IMPACT #1 ckdby: MAF EXHIBIT
EcoScience APS
Corporation Treyburn Wetlands Buffer Assessment Date: JIAN2002
?? Raleigh, North Carolina Durham County, North Carolina Project: 01-086
Otf
WETLAND IMPACT - ROAD CROWING
OIP£C7 w OF RAW N
Dwn. by:
MAF EXHIBIT
EcoScience TYPICAL CULVERT CROSS-SECTION Ckdby: APS
Corporation Treyburn Wetlands Buffer Assessment Date: JAN 2002 U
Raleigh, North Carolina Durham County, North Carolina Project:
01-086
STRUCTURE
rER QUALITY
;IN/DETENTI i
VD

f '
1 r
0' X/70'
Y
?-IGgT DIS fANCE
RIANG E '

WETLANDS '
!f
a _
CLASS
1 d50 .
ExISTO
::
ti
....................
.............
RIPRAP
50 X12" , 27" DEEP
Scale: 1 inch = 60 feet
Dwn. by.
PROPOSED WETLAND IMPACT #2 MAF EXHIBIT
EcoScience okd by:
APS
Corporation Treyburn Wetlands Buffer Assessment Date: JAN 2002 11
Raleigh, North Carolina Durham County, North Carolina Project:
01-086
?oF v?arfi,?Q
w?
5 "'Dwa
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
April 16, 2002
Mr. Sandy Smith
EcoScience Corporation
1101 Haynes Street, Suite 101
Raleigh, North Carolina 27604
Subject: Project: EMD Pharmaceuticals
Treyburne Industrial Park
County: Durham
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program
(NCWRP) is willing to accept payment for wetland impacts associated with the subject project. Please note
that the decision by the NCWRP 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 NCWRP 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 and 401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated, April 9, 2002 the non-riparian wetland
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 NCWRP will accept for this
project is also indicated in this table.
Stream
(linear feet) Wetland
(acres) Riparian Buffer
(ft)
Impact 0.25 non-riparian
Mitigation Maximum 0.50 non-riparian
The non-riparian wetland 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
03020201 of the Neuse 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 Crystal Braswell at (919)
733-5208.
;S' erely,
Ronald E. errell,
Program Manager
cc: Rob Ridings, Wetlands/401 Unit
Todd Tugwell, USACOE
file
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 [phone] Customer Service
320 West Jones Street Raleigh, NC 27603 Fax: [phone] 623-7748 C i!
FILE CC"'
Office Use Only:
USACE Action ID No.
No.
If any particular item is not applicable to this project, please enter "Not A
leaving the space blank.
1.
II.
Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules

Form Version April 2001
or "N/A" rather than
APR 2 Q 2002
2. Nationwide, Regional or General Permit Number(s) Requested: NWP #39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
Applicant Information
Owner/Applicant Information (please see attached Exhibit 9)
Name: Ewald Mueller
Mailing Address: EMD Pharmaceuticals, Inc.
P.O. Box 13318
Research Triangle Park NC 27709-3319
Telephone Number: 919-401-7100 Fax Number:
E-mail Address: ewald mueller2emdpharmaceuticals.com
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory. authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 3 of 14
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: EMD Pharmaceuticals Research and Development Site
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 0845-02-67-5196 Parcel ID #950-01-001
4. Location
County: Durham Nearest Town: Durham. NC
Subdivision name (include phase/lot number): Treyburn Industrial Park
Directions to site (include road numbers, landmarks, etc.): 4 miles north of I-85 Exit 182 on
Red Mill Road (SR 1632) (see attached Exhibits 1 and 2)
5. Site coordinates, if available (UTM or Lat/Long): 36° 06'N 78° 50' W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct water body.)
6. Describe the existing land use or condition of the site at the time of this application:
The site contains unmanaged forest primarily mature pine-mixed hardwood forest. The site
also contains a man-made pond The site also contains a maintained utility line corridor
which extends along a northeast-to-southwest axis.
7. Property size (acres): 110 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Eno River arm of Falls Lake
9. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mos/.)
Page 4 of 14
10. Describe the purpose of the proposed work: Development of a research, development and
manufactorin fg acility for EMD Pharmaceuticals Inc
11. List the type of equipment to be used to construct the project: Standard surface-
clearing_machinery• bulldozer, rader, backhoe
12. Describe the land use in the vicinity of this project: industrial park, residential development
rural residential
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No permits have been obtained for the subject tract The Treyburn Development has obtained
multiple permits over the years Action ID numbers are available at the USACE Raleigh field
office and DWQ numbers are available at the NCDWQ Raleigh office. The attached Exhibit 3
indicates delineated Section 404 jurisdictional areas within the project area. Exhibit 8 is a letter
summarizing communication between Hazen and Sawyer Engineers and USACE indicating that
nationwide permits have potential application to this site.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: Further development is planned for the southwestern portion of the project site;
however, consideration for further development is years away No firm plans are available for
this portion of the site to allow a determination of potential future affects to Section 404
jurisdictional areas -
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan.. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 5 of 14
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
I00-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
Exhibit 3, Site I Fill material 0.12 No 620 Forested wetland
Exhibit 3, Site 2 Fill material 0.13 No 460 Forested wetland

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized dearmg, grading, nu,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 5.94
Total area of wetland impact proposed: 0.25 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci )

* List each impact separately and identify temporary impacts. impacts include, but are not umuteo to: cuivens and associateu np-iap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Page 6 of 14
Cumulative impacts (linear distance in feet) to all streams on site: NA
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. impacts include, but are not limited to: tin, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Avoidance - A Section 404 jurisdictional area delineation has been conducted within the site and
site planning has taken results of the delineation into account. The site is bisected from north to
south by a stream and proposed development is limited to the area east of the stream (see
Exhibit 3). The proposed development will avoid adverse impacts to the majority of site
jurisdictional areas
Page 7 of 14
The watershed overlay _guidelines for this portion of Durham County and the Neuse River Rules
require treatment and storage of storm water on the site. The storm water quality pond and
detention pond are located so as not to impact any existing ?wetlands, streams or buffers.
Minimization - Two Section 404 Jurisdictional areas are proposed to receive fill (see Impact
Sites #1 and #2 on Exhibit 3) These areas are characterized as vegetated wetlands which occur
within a linear depression Figure 5A depicts a plan view of the development and constraints to
development in this area
Proposed Impact #1 - This proposed 0.12-acre wetland occurs at the upper end of a linear
depression This area supports hardwood forest vegetation with an open understory and a sparse
herbaceous groundcover. The primary hydrologic input to this linear wetland is groundwater
seepage This wetland is subject to periodic storm water flow from adjacent road drainage. This
area has been determined by the DWQ (Steve Mitchell during an October 15, 2001 site visit) to
not be subject to the Neuse River Riparian Buffer Rule (see attached Exhibits 5, 5A, 5B, and 8).
Impacts to this wetland area are expected to be in the form of fill material supporting a proposed
manufacturing f__ acility_building and associated parking (see attached Exhibits 9 and 10). This
portion of the site is characterized by environmental restrictions on development based on
wetlands streams and riparian buffer regulations. As indicated by Exhibit 5A, on-site streams
are subject to the 50-foot wide Neuse River riparian buffer. The unnamed tributary bisecting the
site from north to south is also subject to a Durham County buffer which extends 150 feet to both
sides of the stream Buffers are depicted by shading and hatching in the exhibit. Durham
County zoning requirements include 75-foot setbacks from the right-of-way along both Red Mill
Road and Teknika Parkway (and Teknika Parkway has a 180 foot right-of--way). The shape and
size of the parking lot are based on proposed uses of the building. The developer has already
obtained an agreement from Durham for a 20 percent reduction below the parking spaces
standard in an attempt to minimize environmental impacts of the development. The plan
indicates the absolute minimum parking spaces that will be allowed with this site plan.
Additional iterations of the parking layout shape yielded no changes to development impact on
jurisdictional areas
Proposed Impact #2 - This proposed 0.13-acre wetlands impact occurs at the lower end of a
linear depression (see Exhibit 3) This area supports a vegetated wetland subject to degradation
from the insertion of rip-rap The source of jurisdictional hydrology within this area is primarily
groundwater seepage Storm water, which enters this system up slope of this site is primarily
subterranean by the time it reaches this ortion of the depression This area has been determined
by the DWQ (Steve Mitchell during an October 15 site visit) to not be subject to the Neuse River
Riparian Buffer Rule (see attached Figures 5 5A 5B and 8) Impacts to this area will occur
from the installation of a culverted crossing by the proposed entrance road to the property (off
Red Mill Road) (see attached Exhibits 11 and 10) The entrance road is planned for this location
to utilize the existing intersection of Red Mill Road and Teknika Parkway. Industrial park long-
range planning calls for Red Mill Road to be widened to five lanes through this intersection, so
the entrance road will be constructed in preparation for this planned widening.
Page 8of14
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Project planning has included avoidance of jurisdictional areas wherever practicable.
Proposed impacts will occur in two areas; however, these impacts have been minimized to
the greatest extent practicable through design of site infrastructure. Proposed impacts total
0.25 acre of vegetated wetland Proposed compensatory mitigation is payment of a fee into
the Wetland Restoration Fund The N.C. Wetland Restoration Program has agreed to accept
this payment -for mitigation as evidenced by the letter included with this package as Exhibit
12.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
- will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
Page 9 of 14
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/LAM/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): 0.25
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
IX. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office. may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify V
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Page 10 of 14
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular trom near oanK of cnannei; Lone / extenas an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or .0260.
X. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XI. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 11 of 14
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
'da /Ci
Applicant/Agenfs Signature 'Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 11 of 13
.Ili

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Action ID No. 200121286
March 25, 2002
Mr. Ewald Mueller
ERA.' Pharmaceuticals, Inc.
Post Office Box 13318
Research Triangle Park, NC 27709-3319
Dear Mr. Mueller:
't jlpr-S ? }k L'? 11
'- APR 2 4 20x2
8
..? jnLAttlA?ITY_ECT_._.t -. M
Reference is made to the application of March 11, 2002, submitted on your behalf by Mr.
Sandy Smith of the EcoScience Corporation for Department of the Army (DA) nationwide
permit authorization for proposed impacts totaling 0.25 acre of jurisdictional wetland associated
with the construction of an industrial facility in Treybum. The property is located adjacent to an
unnamed tributary of the Eno River, southeast of the intersection of Old Oxford Road and Red
Mill Road in Durham, North Carolina.
Nationwide Permit General Condition 19 mandates that projects must be designed to
avoid and minimize adverse effects to waters of the United States to the maximum extent
practicable at the project site (i.e., onsite). Based upon the information submitted with your
application, it appears that proposed impacts to wetlands on the property could be reduced by
modifying the proposed design for the facility. Please indicate all that you have done, especially
regarding the modification of plans and proposed construction techniques, to minimize adverse
impacts (i.e., to reduce the discharge of fill material into waters of the United States as much as
practicable). Specifically, your response should provide justification as to why it is not possible
to reposition the construction footprint for the building or parking areas.
Furthermore, General Condition 19 states that mitigation will be required when necessary
to ensure that the adverse effects to the aquatic environment are minimal. Your application
proposed to preserve a portion of the remaining wetlands on the site to offset the loss of function
resulting from the development of the site. Based upon our initial review of your permit
application, it appears that the preservation area will not provide sufficient mitigation to offset
the adverse impacts to the aquatic environment. The area you propose to preserve includes a
substantial amount of upland, and while an upland buffer may serve to protect and enhance the
function of the wetlands within, the bulk of the area proposed for preservation should be wetland.
..?

Accordingly, your response should describe what additional actions will be taken to offset
impacts to streams on the site (i.e., preservation or enhancement of the remaining wetlands on the
tract, on or off site restoration, or payment into a wetland mitigation bank), or provide
justification as to why no additional actions have been proposed.
Your response to the above concerns is necessary to complete your permit application
and is essential to our expeditious processing of your permit application. Please be reminded
that issuance of DA authorization must precede any placement of excavated or fill material
within any waters of the U.S. on your property. Should you have any questions regarding your
application for DA permit authorization please call me at telephone [phone], extension
26.
Sincerely,
Todd J. Tugwell
Regulatory Specialist,
Raleigh Field Office
Copies Furnished:
Mr. Sandy Smith
Ecoscience Corporation
1101 Haynes Street, Suite 101
Raleigh, NC 27604
Mr. John Dorney
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetland/401 Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
2
10: WArF.Q?
p ?
d - 0 3-71.
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Mr. Sandy Smith
1101 Haynes Street
Suite 101
Raleigh, NC 27604
Dear Mr. Smith:
April 11, 2002
Subject: Project: EMD Pharmaceuticals, Treyburn Industrial Park
County: Durham County
AM f e?r?e?
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program NCWRP is
willing to accept payment for wetland impacts associated with the subject project. Please note that the ecision by the
NCWRP 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 NCWRP 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 and 401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated April 9, 2002,.25 acres of 'vegetated wetlands' will be
impacted by the construction of the above facility. The maximum amount of mitigation that the NCWRP will accept for this
project is indicated in the following table.
Stream Wetland Riparian Buffer
linear feet acres ft`
Impact .25
Mitigation .50
Maximum
The wetland 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 03020201 of the Neuse River Basin. The
acceptance of this impact is based on the premise that NCWRP will implement a project to offset the functional loss of the
non-riparian `vegetated wetlands'. 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. Riparian buffer mitigation will be performed in accordance with 15A NCAC
026.0242, 0213.0244, and 02B.0260.
If you have any questions or need additional information, please contact Crystal Braswell at [phone].
5 erely,
Ronald E. F rrell
Program Manager
cc: Rob Ridings, Wetlands/401 Unit
Todd Tugwell, Raleigh Regulatory Office, USACOE
Steve Mitchell, Raleigh-Regional Office, DWQ
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 [phone]
320 West Jones Street Raleigh, NC 27603 Fax: [phone]
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Customer Service
1 800 623-7748
.s
x, ?p
„N f rl a l: \ a krS ,}
? r. . t
3?rx? r s is ?a0.,x TflBge- Check I:I$t?
Date 3 ?Y?o f t ^
' ay?a?°'_a 2na v Xr
a" l'o RO Steve Mitchell Project Name =a f
?? yr` ? ?.r a ? ?xr
a? ?" ?FRO en Aventte" DVVQ Project Number O?
?WaRO Deb©rai Sawyer County "owe
r" . 3 lku. Joanne Steenhuis k F " # ? a f
?WSRO° Jennifer Frye
Y 6 w ? O? Mike Parker
F
K ?MRO Pete Colwell } a? ° +
a 'f t From
Telephone [phone]- I76
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.. ,.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USGW topo maps
? Minimization/avoidance issues -
? Buffer Rules (Neuse, Tar-Pamilco, 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?
k ?,Cumulative impact concerns
e-V
Comments -
Y /st1
_- cep ,Itv?:
i ,.: _IFV?
a .?
y NU+_ '
__ -,}. ??? = ? ',??y?'?`c#.? 'Y€hyj5?'e..•,???x '? ?.??5`a:s?..."-?'? ?,r??ir ?`+?7?•y?ri?g'.,a,?? y` .,,- `.?,
., :-, _.. ;:-.?, hr-._.?..-.. ?????.T"=e`•• ? ? ? 4{..,?.zc3-„_ef?.'?`,?+.?'-c+-. .Y?? 'may T???`-''?"fi:.:t "` :: fit:
7.
Y om. y t 5 ? k -.r y r e „
°-.^?s•".?a xc 1.. '_ r< +..-°}Fs? ? ?'?- `,-- j ?i ???? -i.,.r . ? -,?, T•--'
t 2 fi
` h
EcoScience
1101 Haynes Street Suite 101 Raleigh, NC 27604 Telephone: [phone] Fax: [phone]
P
MAR 1 3 20
March 11, 2002
Mr. John Dorney
N.C. Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
WETLANDS GKL?',?;o
020
u?uTV sErr;n;
379
RE: Nationwide Permitting and Water Quality Certification for Proposed 01-086
Impacts Associated with Development within Treyburn Industrial Park,
Durham County, NC
Dear John,
Please find attached a copy of a Pre-Construction Notification (PCN) package submitted to the U.S.
Army Corps of Engineers as notification of intent to impact 0.25 acre of vegetated wetlands under
the authorization of Nationwide Permit (NWP) #39. No open waters are included in proposed
impacts. Proposed impacts are less than 0.33 acre of wetlands or waters, and proposed impacts
include no streams so no written concurrence from the N.C. Division of Water Quality is required.
However, please consider this package to be a courtesy notification of intent to impact jurisdictional
wetlands. The permittee has been provided with a copy of conditions associated with this general
certifications and will comply with these conditions.
Thank you for your attention to this matter.
Yours truly,
ECOSCIENCE CORPORATION
* 0?1 P4
Alexander P. (Sandy) Smith
Senior Scientist
Attachment
CC: Mr. Eric Staehle, Coulter Jewell Thames
1101 Havnes Street Suite 101 Raleigh, NC 27604 Telephone: [phone] Fax: [phone]
EcoScience
March 11, 2002
Mr. Todd Tugwell MAR 1 3 2002
Raleigh Regulatory Office sv?? LL
.r ,' , . T ...
U.S. Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
RE: Nationwide Permitting and Water Quality Certification for Proposed 01-086
Impacts Associated with Development within Treyburn Industrial Park,
Durham County, NC
Dear Todd,
The purpose of this letter and attachments is notify the U.S. Army Corps of Engineers (COE) of
proposed impacts to Section 404 jurisdictional areas associated with development proposed by EMD
Pharmaceuticals, Inc. within Treyburn Industrial Park in Durham County. The development will
result in impacts to two areas supporting vegetated wetlands subject to Section 404 of the Clean
Water Act. The total impacts of 0.25 acre of jurisdictional wetland is believed to be authorized by
Nationwide Permit #39 (residential, commercial, and institutional developments) and its general
water quality certification. No open waters or riparian buffers are proposed to be impacted by the
project. Compensatory mitigation for proposed impacts is the on-site preservation through deed
restrictions of 2.5 acres containing a reach of stream, vegetated wetlands, and forested riparian
buffer.
Impacts requested under NWP #39 include 0.25 acre of vegetated wetland and no open waters. It
is understood that this impact is authorized by NWP #39 and requires notification to the COE.
Please consider this package as notification to the COE concerning requested use of NWP #39. A
copy of this package will be submitted as courtesy notification to the N.C. Division of Water Quality
(DWQ)•
Please find the following items attached to this. letter:
A completed Pre-Construction Notification form for proposed impacts
• Exhibit 1, project vicinity map
• Exhibit 2, project area map
• Exhibit 3, a development plan depicting delineated Section 404 jurisdictional areas and proposed
jurisdictional area impacts
• Exhibit 4, soils map
• Exhibits 5 and 5A, Neuse River Riparian Baffer maps
EcoScience Corporation
Mr. Todd Tugwell
March 11, 2002
Page 2
• Exhibit 6, a bottomless culvert cross-section
• Exhibit 7, a bottomless culvert photo
• Exhibit 8, a letter from Hazen and Sawyer Engineers to the Raleigh COE office indicating an
agreement concerning potential use of nationwide permits at this site
• Exhibit 9, a copy from the property deed indicating that EMD Pharmaceuticals is the property
owner
• Exhibit 10, a letter indicating N.C. Division of Water Quality approval of the Neuse River
Riparian Buffer delineation
• Exhibit 11, a map indicating proposed impacts at the upper end of a linear depression
• Exhibit I IA, a typical culvert length-wise section
• Exhibit 12, a map indicating proposed impacts at the lower end of a linear depression
• Exhibit 13, a map indicating the proposed preservation area
• Exhibit 14, draft deed restrictions protecting the proposed preservation area
This property is under development by a company called EMD Pharmaceuticals, Inc. The contact
with EMD Pharmaceuticals, Inc. is Mr. Ewald Muller. The permittee should be designated as EMD
Pharmaceuticals, Inc. and the contact address and phone number are as follows.
EMD Pharmaceuticals, Inc.
P.O. Box 13318
Research Triangle Park, NC` 27709-3319
phone: [phone]
Thank you for your assistance on this project. If you have any questions concerning this information,
please do not hesitate to give me a call.
Yours truly,
ECOSCI CE CORPORATION
U'
Alexander P. (Sandy) Smith
Senior Scientist
Attachments
CC: Mr. John Dorney, N.C. Division of Water Quality
Mr. Eric Staehle, Coulter Jewell Thames
Office Use Only' Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project: MM f 3 2002
® Section 404 Permit ??;LitdOS;
? Section 10 Permit c ! `n! ITy SEC
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP #39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information (please see attached Exhibit 9)
Name: Ewald Mueller
Mailing Address: EMD Pharmaceuticals Inc.
P.O. Box 13318
Research Triangle Park NC 27709-3319
Telephone Number: 919-401-7100 Fax Number:
E-mail Address: ewald muellerga emdpharmaceuticals com
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 3 of 14
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: EMD Pharmaceuticals Research and Development Site
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 0845-02-67-5196 Parcel ID #950-01-001
4. Location
County: Durham Nearest Town: Durham. NC
Subdivision name (include phase/lot number): Treyburn Industrial Park
Directions to site (include road numbers, landmarks, etc.): 4 miles north of I-85 Exit 182 on
Red Mill Road (SR 1632) (see attached Exhibits 1 and 2)
5. Site coordinates, if available (UTM or Lat/Long): 36006'N 78050'W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct water body.)
6. Describe the existing land use or condition of the site at the time of this application:
The site contains unmanaged forest primarily mature, pine-mixed hardwood forest. The site
also contains a man-made pond The site also contains a maintained utility line corridor
which extends along a northeast-to-southwest axis.
7. Property size (acres): 110 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Eno River arm of Falls Lake
9. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 14
10. Describe the purpose of the proposed work: Development of a research, development and
manufactorin fg acility for EMD Pharmaceuticals, Inc.
11. List the type of equipment to be used to construct the project: Standard surface-
clearing machinery: bulldozer, grader, backhoe
12. Describe the land use in the vicinity of this project: industrial park, residential development
rural residential
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No permits have been obtained for the subject tract. The Treyburn Development has obtained
multiple permits over the years. Action ID numbers are available at the USACE Raleigh field
office and DWQ numbers are available at the NCDWQ Raleigh office. The attached Exhibit 3
indicates delineated Section 404 jurisdictional areas within the project area. Exhibit 8 is a letter
summariziniz communication between Hazen and Sawyer Engineers and USACE indicating that
nationwide permits have potential application to this site.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: Further development is planned for the southeastern portion of the project site (see
attached Exhibit 3) however, no further impacts to Section 404 jurisdictional areas are planned
for this future work.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 5 of 14
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
Exhibit 3, Site 1 Fill material 0.12 No 620 Forested wetland
Exhibit 3, Site 2 Fill material 0.13 No 460 Forested wetland

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.cov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 5.94
Total area of wetland impact proposed: 0.25 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
especify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch ing/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.¢ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Page 6 of 14
Cumulative impacts (linear distance in feet) to all streams on site: NA
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) ' Name Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: til?, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream
Describe the method of construction (e.g., dam/embankment, excavation,
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Avoidance - A Section 404 jurisdictional area delineation has been conducted within the site and
site planning has taken results of the delineation into account. Access roads have been sited to
minimize stream crossings and wetlands impacts (see Exhibit 3). Three jurisdictional area
crossings by roads will utilize bottomless culverts to avoid direct impacts to a stream and two
vegetated wetlands Please see the attached Exhibits 6 and 7 for a cross-section and
photographic depictions of bottomless culverts. These bottomless culverts will be constructed in
such a manner so as to avoid direct impacts to the stream bed and banks and to allow room for
over-bank flows.
? wetlands
installation of
Page 7 of 14
Minimization Two Section 404 Jurisdictional areas are proposed for impacts Both impacts
are considered to be authorized under NWP #3.
Proposed Impact #1 - This proposed 0 12-acre wetland impact will occur from the installation of
fill in the upper end of a linear depression located in the eastern portion of the subject tract (see
Exhibit 3 for location) This area supports a vegetated wetland and is subject to periodic storm
water flow from adjacent road drainage This area has been determined by the DWO (Steve
Mitchell duriniz an October 15 site visit) to not be subject to the Neuse River Riparian Buffer
Rule (see attached Exhibits 5 5A 513, and 10). A proposed manufacturing facility building and
associated parking and access roads have been sited in this location to avoid the on-site stream
and associated adjacent vegetated wetlands This siting has resulted in a need to impact 0.12
acre of vegetated wetland (see attached Exhibits 11 and 11 A).
Proposed Impact #2 - This proposed 0.13-acre wetlands impact will occur from the installation
of a culverted crossing in the heavies disturbed lower portion of a vegetated linear depression
located in the eastern end of the subject tract (see Exhibit 3 for location). This area supports a
vegetated wetland subject to degradation from the insertion of rip-rap. The source of
jurisdictional hydrology within this area is primarily groundwater seepage. Storm water which
enters this system up slope of this site is primarily subterranean by the time it reaches this area.
This area has been determined by the DWO (Steve Mitchell during an October 15 site visit) to
not be subject to the Neuse River Riparian Buffer Rule (see attached Figures 5 5A, 513, and 10).
A proposed entrance road to the property (off Red Mill Road) will be constructed in this
location resulting in an impact to 0.13 acre of vegetated wetland (see attached Exhibits 12 and
11 A)The entrance road is planned for this location to utilize the existing intersection of Red
Mill Road and Teknika Parkway. Industrial park long-range planning calls for Red Mill Road to
be widened to five lanes through this intersection so the entrance road will be constructed in
preparation for this planned widening
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/.or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
Page 8 of 13
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
httv:Hh2o.enr.state.nc.us/ncwetlands/strmride.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Project planning has included avoidance of jurisdictional areas wherever practicable.
Proposed impacts will occur in two areas; however, these impacts have been minimized to
the greatest extent practicable through design of site infrastructure. Proposed impacts total
0.25 acre of vegetated wetland. Compensatory mitigation includes the protection of 2.5 acres
of streams, vegetated wetlands, and adjacent riparian buffer through use of deed restrictions.
Exhibit 13 depicts the location of the proposed preservation area. Exhibit 14 is a draft co-P
of the deed restrictions, which are based on language taken from the USACOE sample
conservation easement. The deed restrictions will be registered with Durham County
following agency gpprovaI of proposed mitigation. A copy of the registered deed will be
submitted to the USACE when finalized.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http::','h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
Page 9 of 13
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
IX. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required, calculate the required amount of mitigation by applying the buffer
multipliers.
I Im act Required
* p Multiplier. Miti atioi
Zone f-inrp &P.t) g
2
3
1.5
Total I
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Page 10 of 13
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature 'Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 1 I of 13
f ?_> )thy J?, \ ,- ` r 1 i tiu
CAMP
NATIO
? _ \ ? 1 ?.. iJ..? J.,. ?:; `!2,?4?` ?,R:-rte ? ? ? I ...?` }?? a /
? ? ` . ? r ? ?dwerplarrr? .?
spital . ?1
, r
? -- .? ° .? 1: _ Factory .?,• ? `? ??. ?'' ? ??"-' ?
t f
1\ ; - ' , ' _' 1S Site
' :. Location
53
¦1A
SON'
?." ?Y.? r-?? . //tf •7'?' ? ? ? ,,?(y' 4y : ???' 1L;??i.} , l _ ? Ln p? ?c.;.v / r'J _
? \ 1
r /
?? }! j? -

i ottcn-
2 mi. 0 2 mi.
1.100,000
M
Source: USGS 30x60 Minute Quad (Henderson, N.C.)
Dm. by:
MAF EXHIBIT
EcoScience PROJECT VICINITY Ckdbyo
APS
Corporation Treyburn Wetlands Buffer Assessment Date: JAN 2002
Raleigh,NoMCaro1!na Durham County, North Carolina Project:
Ot-086
\,rjj1 1 46111
G I_? ' rj? 4 1 I 1 I? "
te I t'-2-
? r ,`? •j ;r ? ,o / } ` { ?J Imo,' 4
--ffLrl11-
E - - _?`
77-
37
( v
'S?/? , ? i _J? , ? / l • ?/ ? _ c?a it
• !` ite 4i
I; G Location
I r t'
# \?
t ,
INN,? /-
4127
I z1.
r: It
t? __ 1 u
74
II
\\ If
ki If
0! 2000 ft. 4000 ft.
1:24,000
^ " ?• Source: USGS 7.5 Minute Quad (North East Durham, N.C.)
G tI -. -?. - \\
Dwn. by:
MAF EXHIBIT
EcoScience PROJECT AREA Ckdby: APs
Corporation Treyburn Wetlands Buffer Assessment Date. JAN 2002 2
?? Raleigh. NoM Carolina Durham County, North Carolina Protect: of-oss
ll. oi;.vM4-rx
Dwn by.
MAF
EXHIBIT

EcoScience SITE SOILS Ckd by:
APs
Corporation Treyburn Wetlands Buffer Assessment Date:
JAN 2002 4
Raleigh, North Carolina Durham County, North Carolina Project:
01-086

W
O
O
O n
?l
II
iW w
O O
O O
u?
O
O
c
n
w A
P. n
W O c 0 tO
O O
DD Q
V O
Or 0
N A
A O
W Q 1
N ,2 m

b
W

A
W
N

W
N
N

tO

N

J

OD

N

?O

A

Or

W

0

+

V
Oi

Or r

Z

N
1D
in
N •P
j dD
L.
01
0
0 W
m
0/
(A
W +
W
N
V
(D
0
O
A
V
[r
W ?
j
N
I. ?
j O
2
N
Or
Ol N
?:
Or N
A
Or ?
OI
O? N
N
r N
0
01 N
W
Or N
OI
Or N
O1
O1 (NO
(D?
Of 0
W
D N
V
O ,+
N +
? Ip
A
A ?D7
O

C
W
W (A
L4 W
N
V U
A
W (
W CW
W W
W W !
0
N m
N ?
A W
A m
T a p
m
Z N
10 Of
W ON1 0Z1 N z G Z Z W
re y A
Oa N
Os Op CI -r
N a a ? ra a p A o N O
r
W OD D? 'P 4? N m tNO p N V A ? Iq p m
? A V 6DD o _
( " N A ?
N

1T7
?i'
r+l _
f*1
fTl
m
ITI
fr1
*G
*
e
f*1 ?
N A N
!O A ? m W co .O
r o r v D
•D O
N (Nn J V IJO N ? N OJD tNO N J V ? W O

54

Z
?? Cl

c
m
cl

6r "r ?'??OASON? ? gjT? r+1
n? c??c o?O Y ;' ?cm
cl $o? Y
o? m?giz?c°W4,
$
?
SUP
??mm
L Y
clip
sY N Qy/in Ymni AHa
? H avr °E?'^
m ? M
Y't H x??
a a-cea=e
rnmo ZL m
cum
Y
9
m N
gat Jill 1,
°
?o ?ZI P
m
cl
0
c { Z 1
it
mza
N m T
WIZ
p,?m
oay
V p
mzm
nO1i N rrnn o
N O a?
m?
\y ? m
?C
mzm ?
m
awA o
w °m
01
I to
m 2 tl ?J
)owo
w r1E
e
/ m b
` V l?N
/' ??JVw V
D ®O

m

z y
TA(

a

mzm
aam
awrtZni
ewm
y
rn z
bN
?+ O
D `oX?

r

OD

r

V

r

N

r

N

r

A

r

W

r

N

r

+ r
Z
m

N

N

OD

N

V

N

O

D
A

W

S

N

A

W
r
m
?
.?

r-
Z
m
J
m N ()t ? ?I ? V O = ff
?. A O w O DD A W
r
Z Z Z Z N N J Z m
? rOe W e e ? r'e D; m
N N O o ? ? o
O? N W CO M W O W 0
f m r n r n ? f f E
yr aY?:bVYr C ^?
A
v
Yio o?a-YC ?
ado 2
n
S H YH
Y ?s ?s? o
s ?"my m
s(A
R/W
LIC _ -,•
D R\ __ , EXISTING 60 PU6 D
n
1
I
1 /
GRID fNAD 27)
r
i
zmi
A
Z
N N V i I
I
I
mzm 'poi
C y '
'

aab
Horn I,
p ?

Z Y
'
A?t
j
o• m ? a a
?? it

r

d I
1
I ?
r
a'io
? -yio
m mza
m '^i
oA O'
;s ?
inoi aucnim s? ?.
?C ? ?
m ?
T?
a mzm
?aa T
N
a a
mN
m si
y
? ?

o?
?a
a•
r
m ?
ie
mzmD ??y
gym %' o?
abia \ L
? tJr Of ? • % /)\
V \? % i!4b
w Mz? ?\ D,tl j
el m ?D
day /
xx
`J
< ,ep
?o
s
'00v it
m
n 0 0 v n

? ?m

a

C'??
Z zv a
CO) mg -?
=z m
n ? -
m z to=
o

=? n?
0
_ c p
a 1
r z Cf1 J
°
C N p ?
C A y? W
Z 0r
n MZ C7 \
m o g m ??m C
o°c 3ffI
rz M MOM o=tea
r y fD•
?•,`3
OW NC N D : ..4 CO z
D C} O ?0? CD
0
N
:
. 1'
2-1
- Z
:
60
10 0,
,
.- 1 , - f f
F
-
-uo
1
-f.
acc °274
200 / ??
,. '- -. ...\ .. ..-...• .,. ', .',. :^ _: ?_. ._...?? \\ ? -iy .. L? I ? CAI:.
` m
CA m
.a - - -- -' ?? r
rr _ ?
/ _ Zp
N
r
,
• 1 VI
O
O
O ri Q
4e
t i >
0
GRID (NAD 27) o O 2 3
C6 S.
D m W C N .-.?I n /2 0
X o $ m = NC? m < OOOCC
m z
w = N o ?o ?m mZ o O fn,.,
o 3 m z C_ A? CD
-? o $ r,z Z70yz oo. "aZ O?•n
OD No Z >:< -4 n D CD
0) 0
N

?

0
h
?? '?._ 290
^?.

1 -- - -- -
ID 0 ri.
o?
I? I"Ire I? S"$ "5 I i Iy?
$ N I ) I ??
?? ?? p ? O I A in
` flild
DEC

,

30
;119 1% IsIx
og? URN NX s?
IRA s e s e
Rig a
MAP
rM, APR
8! 1?1 {'j3? vwp ootl ow .evwu .,uwuN-
'?Ri? g3 -.... 'ow -? wuN < g Po'.4 5 P>r?P PPP? lam PP ya -P ks v$¢ _8 8?w g
3l-
yq¦
{p,?;r HN N E V V py$ N pb 194N L 4$ NS?S4
Fm M
R uww w.N uw wuww Muuww4-•
NPo.
? ??? ass asa a8 seas s:sa°s ??
? # o
Q UtiY.' C?'& kl6i$ ?f" ,+??Mi ?•'w-"°g? d°.a
L afg' b04; oP19 a; Y9$ps zgN$$ --3
p NNN wav ;Ga 1N Tvga lmagY zr
i U" wl=. min 84 gas; §qqr 21
y I a? ?? .,yo . Y)..) EMD PHARMACEUTICALS
m
s
B ?
sTy yI
Y
8 ? ? o
IS a /,
33° ?C TF•S'?w,n.•;;,•'?C?
wO1/WNKfIIRWA
?.p IMO?Nt1111M0.?LAYYIYO.?AM000A// AYOMItYOTYY\
•MMIY?O/M DIIw111Y010Y?M VAI lMUM01r YOOYM

I
N` v
nw? o rim I °1
O d
i
O I ! wow/.-YO??Y?w.oa? .b '
1 .
00

<? y?l
14
a
Spandrel Wall Lateral Segment
Wing Wall 1201 Angle ---I /1?117
C.I.P. Foundation
I
I
I
I
I
Si7tFh1'1
C.I.P. Crown Joint
I
D ? I
C.I.P. Foundation
Elevation B-B
Wall Center Segment
Spandrel Wall Lateral Segment
. r- Wing Wall 120` Angle
C.I.P. Foundation
Elevation C-C
Spandrel Wall Center Segment
- Spandrel Wall Lateral Segment
Arch Element
grouted in
-" - after erection
C.I.P. Foundation
Dwn. by: MAF
EXHIBIT
FEMEcoScience BOTTOMLESS CULVERT CROSS-SECTION Ckdby:
APS
oration Treyburn Wetlands Buffer Assessment Date: JAN 2002 6
North Carolina Durham County, North Carolina Project:
01-086
Dwn. by:
MAF
EXHIBIT
EcoScience
BOTTOMLESS CULVERT PHOTO
Ckd by: APS
Ps
Corporation Treyburn Wetlands Buffer Assessment Date: JAN 2002 7
Raleigh, North Carolina Durham County, North Carolina Project:
01-086
RAZEN AND SAWYER
Environmental Engineers & Scientists
August 27, 2001
Mr. Todd J. Tugwell
Regulatory Specialist
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Re:
Dear Mr. Tugwell:
Treybum Industrial Prospective
H&S Job No.: 3424
Hazen and Sawyer, P C.
4011 WestChase Blvd.
Raleigh. NC 27607
919 633-7152
Fax: [phone]
Thank you for the time spent with me last week to review the 404 permitting options of the latest
industrial prospect at Treybum. As we discussed, a new prospect is considering the Treybum parcel
shown on the attached site drawing. Wetland delineations for this site have been previously established
and accepted by the COE.
Based on our conversation, we understand that three current Nationwide permits have potential
application to this site. Those permits are as follows:
NWP 14 Road Crossings
NWP 18 Minor Discharges
NWP 39 Commercial and Industrial Developments
We believe it should be possible to accommodate the proposed use of this site within the
constraints imposed by these permits. Further details of the site plan and application of the Nationwide
permits will be forwarded to your office when they are available.
On a related note, we also discussed the possibility that portions of the previous wetlands
delineation for this site included areas that likely qualify as "isolated wetlands" and may no longer be
subject to federat protection. We plan to request an re-evaluation of these areas as part of the site
planning process. A Treyburn environmental consultant will be in touch with you to request this review.
Thanks again for your input and assistance.
Very truly yours,
HAZEN AND SAWYER, P.C.
Donald ordett, P.E.
Vice President
cc: Mr. Terry Sanford .
Tugwes 8-27-01 lener.dW
NNr Y9rk NY • Mmonk, lW' • ri W. WlW swig Ri.u. Nd • fwm MI • Ralaipn. Ne • chawR - NC • Falhat. Uh. nat"w. FL • 90m RM. FL • Fort P:eres. FL • 6ainesvdw FL • ixasota FL • MgTi, FL
Sent Bit: SEHED/Montrose Leasing; 919 286 4031; Oct-4-01 11:3° Page 212
STATE OF ":OATH CAROLINA
COUNTY OF DURHAM PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (the "Agreement"), dated as of October
1, 2001, by and between TREYBURN LIMITED LIABILITY COMPANY, a North Carolina
limited liability company (hereinafter referred to as -Seller"), and EMD
PHARMACEUTICALS, INC., a Delaware corporation (hereinafter referred to as "Purchaser')
(Purchaser and Seller, together with their successors and assigns, are hereinafter collectively
referred to as the "Parties" and individually as a "Party").
WITNESS----
WHEREAS, Seller is the owner of fee wimple, marketable title to those remain tracts or
parcels of real property located in Durbam County, North Carolina, in a development known as
Treybwn, containing 109.054 arrest (hereRdafter referred to as the "Property"), as more
particularly described on that certain "Boundary Survey for. EMD Pharataceuticals, Inc."
prepared by S.D. Puckett & Assoc. Inc. and dated May 4, 2001, attached hereto as in E3hibi A
and made a part hereof by this reference; and
WHEREAS, Purchaser desires to purchase from Seller and Seller desires to sell to
Purchaser the Property on the tears and conditions contained herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter expressed, ten dollar (St().00) and other good and valuable consideration, the receipt
and sufficiency of which ate hereby acknowledged, the Parties promise, covenant, add agree as
follows.
1.
PURCHASR - CONTRACT pUgCHASE PRICE -PROPERTY
1,1 Seller hereby agrees to sell, transfer, and convey to Purchaser, and Purchaser
hereby agrees to purchase from Seller, subject to and upon the terns and condition set faith in
this Agreement, the Property,
1.2 The purchase price to be paid by Purchaser to Seiler for and in consideration of
the conveyance of the Property and execution and delivery of the instruments and ether items set
forth in Article V hereof shall be deterrttitfed by multiplying the sum of --
Eby the number of acres, including any fraction thereof. The leg-al:
dgEn- tion o the r-*ny acrd the actual number of acres in the Property shall be conclusively
determined by reference to the hereinafter defined Survey unless shown to be erroneous. The
purchaw price shall be paid by immediately available wired funds, by certified funds. or by a
check drawn on tine trust account of Purchaser's counsel identified in Section 4.1 hereof, Ices the
Earnest Money (hereinafter defined) by Purchaser to Seller at the Closing (hereinafter defined).
RALEIGH 378"Sv4
I LL. LV yr ! +++v vv • vu nvu u+e as aaaw
v.a z.av a. vv a, vv
Mchael F. Eselay. CW?
wGown G. Rase Jr« &eera?sry
North Cardine Department of En*wmeM and Natural Resources
Rafth Reylonai Office
GaVW J. Thon*. F40.
Dh6sion of water Quality
February 6, 2002
Alexander (Sandy) Smith
ECdScienee
1101 Haynes Street, Suite 101
Raleigh, N.C. 27604
Subject: Neuse River Basin
Riparian Buffer Rules
Treyburn Corporate Park
ECO. # 01-093
NBRRO 02-022
Durham County
Dear Mr. Smith:
The information that was received by the Raleigh Regional Office on January 7, 2002 has been
reviewed. The plat map and other information was provided to allow a determination to be made as
to whether or not the site would require compliance with the Nauss Suffer Rule. This specific project
is referenced by the Raleigh Regional Office as NBRRO 02-022. This letter will serve as confirmation
of the buffer determinations made by EcoScience at the subject property.
The features represented on the Durham County Soils and the North East Durham USGS Quad maps
were evaluated on October'16, 2001 to determine their subjectivity to the Nauss Buffer Rule.. Several.
stream features are depicted on the snaps within the subject property. Those that are subject to the
Nauss River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of
Existing Riparian Areas, Administrative Code T1 SA:02B.0233 (NCAC 0233) have been depicted on the
attached map with the required buffer indicated , All the remaining features depicted on the map
(those shown without buffer) are not present an the ground as streams and_ are therefore, not subject
to the fifty foot riparian buffer rule.
This letter addresses only the applicability of the Buffer Rules. For information relative to the Wetlands
4011404 issues, please contact Mr. John Dorney at 919-733-1786. Thank you for your attention to
this matter and if this Office can be of any assistance or if you have additional questions, please do
not hesitate to contact us.
Sincerely,
Steve Mitchell
Environmental Scientist
Cc: HROI John Dornay
. Land Quality
H:\nbrlet, forlnbr02\treyburn.022
N. C, 0Mslan of Water Quatliy 1828 Mail $eMce Carder Rel fth, NC 27699.1628 919.57I A700
FAX 319.871A718
V_
Ct?Oomer sen?,ca
184182s.7748
- Own. by:
MAF EXHIBIT
EcoScience PROPOSED WETLAND IMPACT #1 Ckd by: APS
Corporation Treyburn Wetlands Buffer Assessment Date: JAN 2002 1
Raleigh, North Carolina Durham County, North Carolina Project:
01-086

ow
WETLAND IMPACT - ROAD cR08SINQ

OF ROW w

own. by:
MAF EXHIBIT
YPICAL CULVERT CROSS-SECTION Ckdby: APs
Treyburn Wetlands Buffer Assessment Date: JAN 2002I 1 A
91HE Durham County, North Caro lina Project:
Ot-086
I
STRUCTURE j
OROSE ATER QUALITY
DIP ASIN/DETENTI
OND
1 r• f • ,?
71
1
1 fr { ?
`;?,
f- fo x/ 7C'
f
TRrANGLE
-A i / ' WETLANDS j
P.
'"•Y?'.•. 111\ \ ''ll• %/` it ?•? ! %' .....__
:::?;:`.: \-;:'::::::;:•::•:.'.:.. `? ? ?- ?; GLASS
\ .
j:
:: d
50
...
EXI ` r'
( ?-
RCP!
42 RC
fl
:i...................... ...
..
t
.'?
it
9 % \.
i _
le
t
cli
...."......... / ;f
50 12, 27? DEEP o
Scale: 1 inch = 60 feet
- Dm. by:
PROPOSED WETLAND IMPACT #2 MAF EXHIBIT
EcoScience ?kd by:
APS
Corporation Treyburn Wetlands Buffer Assessment Date: JAN 2002 2
- Raleigh, North Carolina Durham County, North Carolina Project:
01-0861 1
51
LEGEND
"J
?"'•`= WATER OF THE U.S.
^^M-?M++- TREE UNE
-- - MAJOR CONTOUR
- - - - - - MINOR CONTOUR
ROADS
C:= PRESERVATION AREA
,
-=
i '
i
EcoScience
Corporation
Raleigh, North Carolina
11 REVISIONS 11
Client:
HAZEN AND
SAWYER, P.C.
RALEIGH,
NORTH CAROLINA
Project:
TREYBURN
WETLANDS
BUFFER
ASSESSMENT
DURHAM COUKY,
NORTH CAROLINA
Title:
SITE PLAN
';(Ii
} ? , l if'
\ 'J; 1. ill
;J
SHALL NOT BE CONSIDERED A CERTIFIED
Own By: Date:
MAF JAN 2002
Ckd By: Scale:
APS 1"- 400'
ESC Project No.:
01-086
EXHIBIT
13
VICINITY MAP
EXHIBIT 14
DRAFT
PERMANENT DEED RESTRICTIONS
The designation Owner as used herein shall include the current owner of the subject property, their
successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required
by context.
RECITALS
WHEREAS, Owner owns in fee simple certain real property situated, lying and being in
County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein ("Property");
WHEREAS, Owner recognizes the conservation, scenic, natural, or aesthetic value of the
property in its natural state, which includes the following natural communities: [describe by wetland
and/or stream type, as well as any associated buffers or upland communities]. The purpose of these
deed restrictions is to maintain wetland and/or riparian resources and other natural values of the
Property, and prevent the use or development of the Property for any purpose or in any manner that
would conflict with the maintenance of the Property in its natural condition.
WHEREAS, the preservation of the Property is a condition of Department of the Army
permit Action ID issued by the Wilmington District Corps of Engineers, required
to mitigate for unavoidable stream and/or wetland impacts authorized by that permit, and certified
by a 401 Water Quality Certification issued by the North Carolina Division of Water Quality.
ARTICLE I.
DURATION OF EASEMENT
These deed restrictions shall be perpetual.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of these deed
restrictions is prohibited. The Property shall be preserved in its natural condition and restricted from
any development that would impair or interfere with the conservation values of the Property.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of
the natural features of the Property or any introduction of non-native plants and/or animal species
is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower,
conduit, line pier landing, dock or any other temporary or permanent structure or facility on or above
the Property.
C. Industrial, Commercial and Residential Use. Industrial and/or commercial activities,
including any right of passage used in conjunction with commercial or industrial activity, are
prohibited on the property. Residential use of the Property is prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and horticultural use
of the Property is prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing
of trees, shrubs, or other vegetation on the Property.
F. Signage. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, and/or signs giving
directions or proscribing rules and regulation for the use of the Property.
G. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste,
or any placement of underground or aboveground storage tanks or other materials on the Property
is prohibited.
H. Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner on the Property, except to
restore natural topography or drainage patterns.
1. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with
water control structures or devices, or disruption or alteration of the restored, enhanced, or created
drainage patterns. In addition, diverting or causing or permitting the diversion of surface or
underground water into, within or out of the easement area by any means, removal of wetland,
polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
J. Development Rights. The development rights that have been encumbered or extinguished
by these deed restrictions shall be transferred pursuant to a transferable development rights scheme
or cluster development arrangement or otherwise.

K. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt-bikes, all-terrain vehicles, cars and trucks is prohibited.
ARTICLE III.
OWNER'S RESERVED RIGHTS
The Owner expressly reserves for himself, his personal representatives, heirs, successors or
assigns, the right to continue the use of the property for all purposes not inconsistent with these deed
restrictions, including, but not limited to, the right to quiet enjoyment of the Property, the rights to
ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift or
otherwise convey the Property, in whole or in part, provided such sale, transfer or gift conveyance
is subject to the terms of, and shall specifically reference, these deed restrictions.
ARTICLE IV.
MISCELLANEOUS
A. Title. The Owner warrants, covenants and represents that Owner is the sole owner and
is seized of the Property in fee simple and has good right to make, declare and impose the aforesaid
deed restrictions; the Property is free and clear of any and all encumbrances, except the following
described easements leases, restrictions, and rights of way or record: [describe title exceptions by
the type of instrument and deed book and page], and that Owner will warrant and defend title to the
same against the claims of all persons.
B. Subsequent Transfers. The Owner agrees to incorporate the terms of these deed
restrictions in any deed or other legal instrument that transfers any interest in all or a portion of the
Property.
IN TESTIMONY WHEREOF, the Owner has hereunto set his hand and seal, the day and year first
above written.