HomeMy WebLinkAbout20201220 Ver 1_Approval Letter_20201203ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Merck & Co, Inc.
Attn: Peter Greaves
5325 Old Oxford Road
Durham, NC 27712
NORTH CAROLINA
Environmental Quality
December 3, 2020
DWR # 20201220
Durham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Merck Project Flash
Dear Mr. Greaves:
You have our approval for the impacts listed below for the purpose described in your application dated
October 20, 2020, received by the Division of Water Resources (Division) October 20, 2020 and payment
received October 27, 2020. These impacts are covered by the attached Water Quality General
Certification Number 4139 and the conditions listed below. This certification is associated with the use
of Nationwide Permit Number 18 and 39 once it is issued to you by the U.S. Army Corps of Engineers.
Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,
and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
404/401 Wetlands
W1: Construction Access
0 (acres)
0.026 (acres)
W2: Culvert/Rip Rap
0.098 (acres)
0 (acres)
W3: Construction Access
0 (acres)
0.027 (acres)
W4: Excavation/Permanent Conversion
0 (acres)
0.096 (acres)
W5: Mechanized Land Clearing/Permanent Conv.
0 (acres)
0.096 (acres)
W6: Mechanized Land Clearing/Permanent Conv.
0 (acres)
0.041 (acres)
W7: Fill
0.019 (acres)
0 (acres)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA
......eMof Envimn.....Uual1 /`� 919.791.4200
Merck Company Flash
DWR# 20201220
401 Certification
Page 2 of 3
Additional Conditions:
1. Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received a Statement of Availability letter from Wildlands Holdings III, LLC and the Falling Creek
Stream and Wetland Mitigation Bank: McClenny Acres II Mitigation Site to meet this mitigation
requirement. The specific bank site to be debited will be the Falling Creek Site located in HUC
03020201. Until Wildlands Holdings III, LLC receives and clears your payment, and proof of payment
has been provided to this Office, no impacts specified in this Certification shall occur. For
accounting purposes, this Certification authorizes payment to Wildlands Holdings III, LLC to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506(c)]:
Compensatory
Mitigation
Compensatory
Mitigation Required
Bank Sponsor
River & Sub -Basin
Number
Wetlands
0.117 (acres)
Wildlands Holding III, LLC
Neuse: 03020201
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Raleigh Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
DocuSign Envelope ID: D513313074-6832-4774-8284-61DC321 D78EF5
Merck Company Flash
DWR# 20201220
401 Certification
Page 3 of 3
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Stephanie Goss at 919-791-4256 or.Stephanie.Goss@ncdenr.gov if you have
any questions or concerns.
Sincerely,
DocuSigned by:
8CDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 4139
cc: Jennifer Burdette, McAdams Co. (via email)
April Norton, USACE Raleigh Regulatory Field Office (via email)
Gabriela Garrison, NCWRC (via email)
DWR 401 & Buffer Permitting Unit file