20141150 Ver 1_Approval Letter_20141201

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
December 1, 2014
Biogen Realty, LLC
Attn: Esther Alegria
P.O. Box 14627
RTP, NC 27709
John E. Skvarla, III
Secretary
DWR # 14 -1150
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE JORDAN LAKE WATER SUPPLY WATERSHED
RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0267) WITH ADDITIONAL
CONDITIONS
Biogen Idec Infrastructure Project .
Dear Ms. Alegria:
You have our approval for the impacts listed below for the purpose described in your application
dated October 31, 2014 and received by the Division of Water Resources (Division) on November
3, 2014 with additional information received via email on November 10, 2014. These impacts are
covered by the attached Water Quality General Certification Numbers 3886 and 3890 and the
conditions listed below. This certification is associated with the use of Nationwide Permit
Numbers 14 and 39 once they are issued to you by the U.S. Army Corps of Engineers. Please note
that you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non_ Discharge, and
Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. (15A NCAC 02B .0506(b)(c)] and 15A NCAC 02B
.0267(11)]
NonrthCarol
Natural
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Biogen Idec Infrastructure Project
DWR# 14 -1150
401 AND BUFFER APPROVAL
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Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0.40 (acres)
0 (acres)
Stream
176 (linear feet)
0 (linear)
Culvert & Dissipater
(S1 Channel)
Stream
0 (linear feet)
198 (linear feet)
Bridge Crossing (S2
Channel)
Stream
120 (linear feet)
0 (linear feet)
Lot Fill (S1 Channel)
Stream
130 (linear feet)
0 (linear feet)
Culvert & Dissipater
(S2 Channel)
Buffers — Zone 1
5,126 (square feet)
0 (square feet)
Road Crossing (S1
Channel)
Buffers — Zone 2
3,255 (square feet)
0 (square feet)
Road Crossing (S1
Channel)
Buffers —Zone 1
11,363 (square feet)
0 (square feet)
Bridge Crossing (S1
Channel)
Buffers — Zone 2
7,271 (square feet)
0 (square feet)
Bridge Crossing (S2
Channel)
1. Stormwater Manaeement Plan (SMP) Approval from Local Communitv Required
You are required to provide one copy (hard copy or digital) of the approved SMP, including
plan details on full -sized plan sheets, with proof of Wake County's approval. The approved
SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center,
Raleigh, NC 27699 -1617) before any impacts authorized in this certification occur. After it is
approved and submitted to the Division, the SMP may not be modified without prior written
authorization from Wake County. If the SMP is modified in the future, then you shall provide
one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the
commencement of the modifications. [15A NCAC 02H .0506(b)(5)]

Biogen Idec Infrastructure Project
DWR# 14 -1150
401 AND BUFFER APPROVAL
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2. Diffuse Flow
All stormwater shall be directed and maintained as diffuse flow at non - erosive velocities
through the protected stream buffers such that it will not re- concentrate before discharging
into a stream [15A NCAC 02H .0506(b)(5)].
3. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the EEP to meet this mitigation requirement.
Until the EEP receives and clears your payment, and proof of payment has been provided to
this Office, no impacts specified in this Authorization Certificate shall occur. For accounting
purposes, this Authorization Certificate authorizes payment to the EEP to meet the following
compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Mitigation
Type of
Compensatory Mitigation
River and Sub -
Provider
Impact
basin Number
EEP
Stream
426 (linear feet)
Cape
Fear /03030002
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and
.0502]
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange .
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
6. 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 the Certification and
Buffer Authorization. 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 approval letter and General Certification and is
responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]

Biogen Idec Infrastructure Project
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401 AND BUFFER APPROVAL
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7. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]
This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of
General Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH
at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing
fee is received in the OAH during normal office hours (Monday through Friday between 8:00am
and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DEN R -DWR -401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR — 401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604

Biogen Idec Infrastructure Project
DWR# 14 -1150
401 AND BUFFER APPROVAL
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This letter completes the review of the Division under section 401 of the Clean Water Act and the
Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules as described in 15A NCAC
02B .0267. Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have
any questions oMrn/s
OlS'cery,
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosures: GC 3886 & 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Deborah Shirley; Soil & Environmental Consultants, PA; 8412 Falls of Neuse Rd., Ste.
104; Raleigh, NC 27615
Biogen Realty, LLC; Attn: Jack Kane; 5000 Davis Dr.; RTP, NC 27709
DWR RRO 401 file copy