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Home My WebLink About20061376 Ver 1_Approval Letter_20060919\o~Gr .. ' c9PG ~ r ~ ~ O ~~ micnaei r. casiey, vovemur William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 29, 2006 DWQ Project # EXP 06-1376 Wake County Novartis Vaccines and Diagnostics Attn: Mr. Jerry Hoekwater 4560 Horton Street M/S Z-100 Emeryville, CA 94608 Subject Property: Novartis V&D Holly Springs, North Carolina Site UTs to Utley Creek [030607, 18-7-(5.5), C] Approval of 401 Water Quality Certification with Additional Conditions-Express Review Program Dear Mr. Hoekwater: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 288 linear feet of stream and 0.38 acres of isolated wetland for the purpose of constructing the industrial facility, as described within your Pre-construction Notification Application dated September 25, 2006. The impacts are covered by General Water Quality Certification Number 3402. The Certification allows you to use Nationwide Permit NW39 when issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval is for the purpose and design that you described in the modifications to your original request (PCN dated September 25, 2006). If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 288 linear feet of stream, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This written approval requires you to follow the conditions listed in the attached Water Quality Certification (GC 3402) and the additional conditions listed below. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet: htto~//h2o enr state nc us/ncwetlands None Caro na ~tura~ly An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Novartis Vaccines & Diagnostics Page 2 of 4 September 29, 2006 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Im act T e Amount A roved Units Plan Location or Re erence Stream 288 linear feet Se tember 25, 2006 PCN a e 5 Isolated Stream 226 linear feet Se tember 25, 2006 PCN a e 5 Isolated Wetland 0.38 acres Se tember 25, 2006 PCN a e 4 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters 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. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources has released the project. 5. Protective Fencing The outside boundaries of wetlands or waters along the construction corridor approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) prior to any land disturbing activities to ensure compliance with GC 3402. 6. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this Page 3 of 4 September 29, 2006 permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at htt~•//h2o.enr.state.nc.us/su/Forms Documents.htm, Stormwater Management Plan The final, written Stormwater management plans (including a signed and notarized Operation and Maintenance Agreement) dated September 22, 2006, must be implemented and the Stormwater management facilities shall be constructed and operational before any permanent building is occupied at the subject site. This includes the planting plan for the pond edge/littoral shelf as described in the Water Quality Narrative. The structural Stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. You shall be required to submit a stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) to the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) for subsequent phases of the Novartis Vaccine & Diagnostics, Holly Springs, NC Facility. These facilities must be designed to treat the runoff from the /entire phase/project site% unless otherwise explicitly approved by the Division of Water Quality. Before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. You have the option of using the Express Review Program for expedited approval of these plans. Proposed Slope System The proposed slope system (Mirafi MMESH) is approved for use as shown on the site plans with the following conditions: (a) The Manufacturer's guidelines must be followed. (b) During the first 6 months, the retaining wall must be monitored monthly. (c) After the first 6 months, the monitoring frequency is required to be quarterly (January, April, July, November). (d) Field inspection and written accounts of whether the retaining wall efforts are failing and/or if plantings are failing or are not surviving are required to be recorded for each inspection. (e) Vegetated Wall Monitoring Reports. For the first three-year period following construction, a written report (an account) must be provided annually, by June 1 of each year, to the DWQ Central Office. The report must describe each monthly and/or quarterly inspection result, include digital photographs of the retaining wall, it must include the date of the inspection, and describe any repairs or corrections including dates of completion. (f) Monitoring-Triggered Repairs or Corrections. In addition to any Division of Land Resource erosion and sedimentation control compliance requirements and NCGO10000 construction stormwater permit conditions requirements, if monitoring efforts confirm failures or maintenance needs, repairs/corrective actions must be undertaken immediately (within 20 days of the observation or notification by DWQ). 9. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and any subsequent modifications, the applicant is required to return the attached certificate of completion Novartis Vaccines & Diagnostics Page 4 of 4 September 29, 2006 to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 10. Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within ten (10) days of the commencement of construction. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Lia Myott or Cynthia Van Der Wiele at 919-733-1786. AW K/cvdw/lem Enclosures: GC 3402 Certificate of Completion Sincerely, `~ ~cr'~j lan W. Klimek, P.E. cc: USACE Raleigh Regulatory Field Office Eric Kulz, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Harold Brady, Mulkey Engineers & Consultants, Inc., 6750 Tryon Rd., Cary, NC 27511 SENDING CONFIRMATION DATE SEP-29-2006 FRI 13:58 NAME DW~WETLANDS TEL 9197336893 PHONE : 915106526059 PAGES : 5~5 START TIME : SEP-29 13:57 ELAPSED TIME : 01'08" MODE : ECM RESULTS : OK FIRST PAGE OF RECENT DOCUMENT TRANSMTTTED... ~Of VYA7FH Millue~ r E~ky, (b.mm., OGy wnl.~n u. Ran h, Sa n y K.IM1 f1,nM.r dDUtnsirt of Pnlimnnnl.nA rr•mnl Rewrtw 0 Y AMn W. Kllna, P.F. IMnr.k• DM1hlm ~rw.l, (fio4ty EXPRESS PRRMIT REVIEW PROGRAM Division of Water Quality Department of Environmental and Natural Resources 401 OvereighUExpress Review Permitting Unit Street AddresR: 2321 Crablrcc Boulevard, Suite 250 Ralcig6, NC 27604-2260 MdlinR_ Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contaet Ldormstioo: Phone N: 919-733-0203 Pea ~~ 919-73]-6893 Faz'I'o: Harold Brady Fax #: 851.191 R Jerry IIt9ekwater (510) 652-6059 Subf act: Novartie V~D holly Springs Aate: Septembtx 29, 2006 Number of pages iacludlnQ cover sheet: , 5 Notes or special inatruMioas: 1Lc orimnal Dili 6e sent iP the mail It wu hav~questpgs, please contact Cmthia Vap Dcr Wiele at Qt,Q],J,~'ta73 g~,ie_Mvou az 919 733-9502 Fl°iSp hCwlia V y MI OvenlRM,rworeu~ Rc•itw Rwn.n~n~ t'nil 16M Mwl Rmica CMU. RdnRX. NMF C .nMn. }}699.10 W }t} i QnMeva AeiAarwd. SuR. }90, RaklRb, niW~ CwRn 1'6P1 1'IxuK (916) }.1~•I lrb / Fn. (919) %]~-0r9J Moen yln'..t~L/,~reW~r,(~r,lry~,yy~~ In PNI~+'M~'AAmisrre Mql EnWwv _9611 R. yl.u/t0* qRt Ga,.ury, Pp. SENDING CONFIRMATION DATE SEP-29-2006 FRI 13:55 NAME DFI~WETLANDS TEL 9197336893 PHONE : 98511918 PAGES 5~5 START TIME : SEP-29 13:52 ELAPSED TIME 02'09" MODE : G3 RESULTS : OK FIRST PAGE OF RECENT DOCUMENT TRANSMTPTED... pF W ATg9 O Mrl.rl f. f ,kY. t b.mwY N9iKrn G. Pal Jr..5.~1n ~ y > ~ Nann l'relba nlpn!rrenl d &r• in^n~l oM N•vI Pmunn •Im W Kllnek, P N. Umcla p Y phMmi el Wki (hulilY EXPRESS PN:RMIT REVIEW PROC:RAM Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Expresa Revlew Permitting Uult Street Addrerr 2321 Crabtree Boulevard, Swte 250 Raleigh, NC 27604-2260 M1Lill>.g Address: 1650 Mail Srnice Ceu[er Raleigh, NC 27699-]650 CoructlntormaNon: Phone N: 919-733-0203 Fax :t: 919-733-6893 Fax't'o: Herold Brady Fax #:851,1918 Jerry lloekwster (510) 6.52-6059 Subject: Novartie V&D Holly Spxinps Date: September?.9, 2006 Nnmber of pages inclutllag cover wheel: ,~ Notes or apeclal instrnctlona: 1'he oriai*ul will be 9cd jn the tiLnil. !f y9u haveg! a¢j~pg. oleo contact Cvnthi& Van Der ~?SIPr-flS ~j1,9-, ~ • 3473 or Lia Mvott st 919.7~t-9502 N~~MIN/(N. wl oY.mp•m,r,.. P.vnw 1'emnnrne Ilnn earl Mri xo.~~ c~.~,>. a.k.en, w.:n tymw~. near. i u~a r)JI ('roMb• as~k.cM. SV~k tXr. RckiPA NnM f mllrr IIMM InrN (9~9)9)!~I11E% r,c 19191'+9! 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