20070106 Ver 3_More Info Received_20070829

THE BUSINESS OF PROJECT DELIVERY
August 28, 2007
Cyndi Karoly
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Organon Teknika Expansion
DWQ Project # 07-0106v3; Durham County
DRB Case# D06-963
O'Neal Project No. 200600396
Dear Ms. Karoly:
www.onealinc.com
3000 RDU Center Drive Suite 200
Morrisville, NC 27560
ph: 919.840.9500
fx: 919.840.9522
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The following comments are in response to your request for more information dated August 10,
2007 as addressed to Mr. Joe Shimkonis, regarding the plans for the Organon Teknika Expansion.
The comments are organized to coincide with the original comment numbering system. One copy
of the requested information is attached as requested.
1. Buffer Mitigation -This comment has been addressed. Please see attached NCEEP
acceptance letter.
2. Operation and Maintenance Agreement for the Proposed Rain Garden -The Operations
and Maintenance Agreement has been drafted and sent to the Owner for signature. Once
the signed and notarized agreement is received by O'Neal, we will forward the document
to you. A draft copy of the agreement is attached for your review.
Please call if you have any questions.
Sincerely,
O'NEAL, INC.
~.1,~(~0~~.~.o~, l ~
Jay H. Johnson, P.E.
cc: Lauren Cobb, NC DWQ
Joe Shimkonis, Vice President Organon Teknika
File 200600396
30Y
1 975 • 2005
ATLANTA G A CHARLESTON S C G R E E N V I L L E S C RALEIGH N C

RAIN GARDEN OPERATION AND MAINTENANCE AGREEMENT
Project Name: Organon Teknika -OTC Expansion Permit No. NC DWO Project # 07-0106v3
(Durham County)
P.I.N. No.: 0855-01-15-6703
I accept the responsibility for ownership and proper maintenance of the permanent rain garden on the
BioMerieux site per the approved and designated maintenance plan and schedule
shown below. I will complete any necessary repairs and/or preventative maintenance procedures in a timely
manner to ensure proper functioning of the rain garden as a stormwater, water quality device.
It is my understanding that the maintenance plan may be amended/revised at any time by NCDWQ or
Durham County and I will abide by any prescribed changes.
I will continue to own and maintain the rain garden until the County is notified in writing of a transfer in
ownership and maintenance responsibility. The notification will include a date for the transfer of
responsibility and a letter of acceptance from the new owner.
Signature
Address
Office (daytime) Phone
Print Name
City
Fax Number
Notary Name
Notary Seal
Date
Date
State Zip Code
Mobile Number
MAINTENANCE SCHDEULE/RESPONSIBILITY FOR DETENTION BASIN
1. Rain garden to be owned and maintained by BioMerieux
2. Grass to be mowed on a regular basis.
3. Dike to be maintained with prompt repair of any eroded areas and no tree growth allowed to occur.
4. Outlet pipe to be inspected and cleared of debris irrigation on a regular basis. Repairs to outlet structure
and outlet pipe to be made if needed.
5. Sediment accumulation to be removed from rain garden at the end of construction by contractor.
6. Outlet discharge and emergency spillway to be inspected on a regular basis and after large storm events.
7. Rain garden to be inspected after first large storm of each year. If stormwater does not drain within three
days, then corrective action is to be taken. Corrective action is to include cleaning rain garden of debris
or accumulated sediment, or replacing fill media, as required.
W~.\OI-RAL\Projects\OrganonTeknika\Durham\200600396Wdmin\01-Cortespondence\Letters\Operation and Maintenance Agreement.doc

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July 2, 2()(l7
Iai'ftili 1)eSill
C)rganon '1'ekrtika
1(}() Rc,clcyt~lphe ~trt.et, 13uilciing 13(}t)
1)ttl'ltltrt.. iV~. 2771'
PriajCCt: ()rganc~n Tr'I;niE:a- ()"rC I:xpansiott
p~_olot~Y3
C:c~unty: llnrhant
'I'hl; purpose of this letter is tea notii'y ycau that the Ncarth Carolina Fcas}stern Enhanceancaat Pragr<rrn (NC1/EP) is 4~=illirt~j tc>
aCCept paynicnt fear impacts assuCiatetl ~~.°itlz the al7ca~°e re.fcr~nc4d prc~j~ct. I'lcasc orate that thi4 det isirytt d<aes nc7t assure.. that.
the paytzlertt l~~ill be apl~rtai°e;1 by the permit issuing agencies as mitigation tzar pr<ajet;t impart>. It is the responsibiht}° eal'tlisa
irpplic ant to Ctant~~t the ,e n ~~ntiies tc> d~t~ rrnine if payment tea the i~CFF[' ta~ill be rrtatar ~,ved.
't'his accGpt~incc is valid fcrr six months frcartt the date of this letter and is not tran4lerable. If eve }rte=e not receivers a ruFfy af'
the issued -tll=1 Perntit1~01 +E/ertficationlCr'~ilrtpi F~errnit tivthin this tune t'rztnre, this acceptance wi11 expire. It is the
appliC<tnt's responsibitit}' to send copies of the lacrmits to NCEEP. t:7ttce CEEt' receives a ropyr cat th4 perrnit(si an inti°oice
tiff°ill lae issued based ort the recluirecl mitigation in that perttrit and laayment must be made prior to Conducting the authorized
k+=orh. 'The itmount of the In Lieu Fee. to be paid to NCE)vP by art alrpliCant is crdculated based ulaon the Fee Schedule and
policies listed at ~v~v~v.ncecp.net.
13,c,~;ct ~~n the ini'ormation supplied b}° }='ou the impacts that ma}~ require czrtnpensator~° znitigatican z~tre yumnlarized in the
i=~Iluwin~* tzible_
-- i~Ieuse Stream (feet} avVc,dartds {acres] Bul'fcr l Buffca• 1I
Cotd Cool ~s~arin R ar•ialn ion-Ri arias Coastall~larsh
Tmpac.ts t) (} t) t} t} 0 4 7:a5
Cr~clts
3 ( (}
~~~ t} (} 0 t) (} 0 ~)t}
l.tpr~n receipt c>1' payn7c,nt, EEP will. take respransibility frar prcavding the Comtaensatory mitigation. 1f the ret,~ulatt~ry agc:nri~s
require mitigation credits greater than iiadicated abcn~e, and the applicant tvairts IyCEEP tc> he responsible Cz>r the tttlilitivnal
tniti~?trtican. tttc applicant wits n4ed to submit a mitigation request to NCEEP for approv~ai prier to permit issuance. 'The
mitigitiotl will be pcri'ormcd in aCCOrdanee with the ~tenzorandu~m of [.Tztderstanding between the N. C. 1)epar[meilt of
l~,m'ircantnent attd Natural Resources and the tT. S..'~rm}° Corps cat En};ineers dated l~iovember =}, 1998,
If'yc,ir have art}= questions car need additional infornlaticara, please Contact Relly 1~Villiams at t<}Ic}a 71(-1~2I.
Sincer•~~}~, , ,~
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~~ aitiun~l~f Gilrnctre, PE
1)ii;~~tr>1'
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cc: Lynch harcal}~; NCD~VC} Wedtutdsl4(}! Unit
rimy Chapman, NCI)FVQ- Wetlandsl401 Unit
'Michael Valeanino, agent
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North Carolina Ecosystem Eni~ancement ProyramA 1652 h4ail Servioe Center, Raleigh, NC 27699-1652 f 919-715-076' wivv~.nceep.net

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QF W ATFi9 -~~- "n----"~ Rn Michael F. Easley, Governor
`off PG ~~15V~~~=:~1~'f~ ~,
y in( ~~ - ~ William G. Ross Jr., Secretary
~ r 11 V ~, North Carolina Department of Environment and Natural Resources
p ~ AUG ~ 4 2007 Coleen H. Sullins, Director
Division of Water Quality
4N~AL ('ONS1~RlJ~~-RS 1 , 2007
t/5T D 2 t~ DWQ Project # 07-0106v3
~ Durham County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Organon Teknika Corporation
Attn: Mr. Joe Shimkonis, Vice President
100 Randolphe Street, Building ] 300
Durham, NC 27712
Subject Property: Organon Teknika Expansion
UT to Flat River [030401, 27-3-{4), WSIV, NSW, CA]
REQUEST FOR MORE INFORMATION
Dear Mr. Shimkonis:
On July 2, 2007, the Division of Water Quality (DWQ) 401 Oversight/Express Permitting Unit received
your application dated June 20, 2007 regarding your request for a Minor Variance from the Neuse Buffer
Rules (15A NCAC 2B .0233) for the subject property. The Division of Water Quality (DWQ) is required
to prepare a "preliminary finding" /"finding of fact" as to whether the variance request meets the
requirements of l5A NCAC 02B .0233{9)(a). The DWQ may attach conditions to a variance approval
that support the purpose, spirit and intent of the riparian buffer protection program. Conditions usually
include stormwater management and buffer mitigation.
Additional information will be required before we can proceed with the review of your variance request.
Therefore, unless additional information is provided as described below, we will have to move toward
denial of your request per 15A NCAC 2B .0233 and will place this project on hold as incomplete until we
receive this additional information.
Additional Information Requested:
Buffer Mitigation
Buffer mitigation will be required as a condition if you choose to proceed with the Minor
Variance. If you choose to proceed with a variance, then please provide a buffer mitigation plan
pursuant to 15A NCAC 02B .0233. If you choose to pay into a mitigation bank for the required
mitigation, please provide an acceptance letter from the mitigation bank demonstrating they have
the available mitigation credits.
2. Operation and Maintenance Agreement for the Proposed Rain Garden
Please provide a signed and notarized Operation and Maintenance agreement for the proposed
rain garden.
Please respond in writing within three weeks of the date of this letter by sending a copy of this
information to me and to Lauren Cobb of the DWQ Raleigh Regional Office. If we do not hear from you
in writing within three weeks, we will assume that you no longer want to pursue your variance request
N,Q,~thCarolina
401 Oversight/Express Review Permitting Unit ,/Vatura(~l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suitt 250, Raleigh, North Carolina 27604
Phone: 919-733-t786 /FAX [phone] / ]ntemet: httn:/ltt2o.enr,state.itc.oslncwetlands
An Equal Opportunity/Affirmative Action Employer- SO%Recycled/]0% Post Consumer Paper

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Organon Teknika
Page 2 of 2
August 10, 2007
and we will consider the request as withdrawn. Please call Ms. Amy Chapman of this office at (919) 733-
1786 if you have any questions,
Sincerely,
J ~ J(
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBI{lasc
cc: Lauren Cobb, DWQ Raleigh Regional Office
Jay Johnson, O'Neai lnc, 10 Falcon Crest Dr, .Greenville, SC 29b07
File Copy
Central Files
Filename: 070106v30rganonTeknika(Durham)Min Var_On_Eiold