20040825 Ver 2_Initial Interest_20070110

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INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGRAM
WITHIN THE 401 OVERBITE/EXPRESS PERMITTING UNIT
September 1, 2004
Version 3
~'.~ I
Applicant Name: Merck & Co. Inc Attn: Butch Standerfer
Applicant Address: 5235 Old Oxford Road
Durham NC 27712
Applicant's phone number: 919- 884-4106
Fax number: 919-884-4261
Applicant's email address: William standerfer(cD.merck.com
Consultant Name (if applicable):
The John R. McAdams Company, Attn: Kevin Yates
Consultant address (if applicable): 2905 Meridian Parkway
Durham NC 27713
Consultant's phone number: [phone]
Fax number. L919) 361-2269
Consultant's email address: yatesCc~iohnrmcadams.com
Type of action requested under the Express Review Program (check all that apply):
^ 401 Water Quality Certification
^ Isolated Wetland Permit
^ Riparian Buffer Approval
~ Stormwater Management Plan (PLANTING PLAN)
^ Mitigation Plan
^ Stream Origin Determination For Buffer Rule
# of Determinations Requested
^ Intermittent/Perennial Determination
^ Stream ^ Wetland ^ Buffers (check all appropriate)
# of Determinations Requested
Name of Project: Merck Vaccine Manufacturing Facility (DWQ Permit # 04-0825)County: Durham (County)/Durham
Cit
Total project acreage: 258 (acres) Total built out impervious area: 12 (acres)
Nearest named stream (from USGS topo map): Unnamed Tributary to Little River -Neuse River
Please provide a brief description of this project (attach site plan if available):
A Neuse River Buffer Authorization for this site was originally issued Mav 24 2004 (#04-825) A stormwater
management plan, which includes the olantina plan for the stormwater wetlands was required per a condition of the
original DWQ buffer authorization letter. The plants in the planting plan were altered from the original submittal due
to the limited availability of some species. However. the stormwater wetland is functioning properly and is considered
a stormwater wetland. Because the planting plan was altered we are requesting a modification of the original

approved stormwater management plan Therefore we are requesting acceptance into the DWQ Express Review
Program for review. Attached is the Durham County Soils Survey USGS quad -Northeast Durham Original Buffer
Authoriztion Letter, 401Stormwater Planting Plan.
Please attach a map of site location using USGS 1:24,000 map and county soil survey,
Location of project site -please include reference to the county, nearest name town and highway number:
The subiect property is located east of the Little River, west of SR1004 (Old Oxford Road) south of Stagville Road..
It is located within Durham jurisdiction, Durham County, NC.
Proposed impacts:
Acres of 404 wetlands: N/A
Acres of isolated wetlands: N/A
Linear feet of streams: N/A
Linear feet of isolated streams: N/A
Square feet of protected stream buffers:N/A
Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If sa, please list
which ones.Yes, I was invited to attend the wetland functional assessment methodology workshop headed by John
Dorney. As well I have attended USACE sponsored training sessions as a former employee
Has any DWQ staff visited the site? Yes if yes, please provide DWQ staff name, and Bob Zarzecki
date of visit: March 4, 2004
Which other environmental permits from other agencies will be needed for this project? Please list the permits and
issuing agencies below:
Section 404 -Nationwide Permit 39: U. S. Army Corps of Engineers. City of Durham - Sed&Erosion Control Citv of
Durham -stormwater Permit
Does this project require approval under the State Environmental Policy Act or National Environmental Policy Act?
Was likely approved in a SEPA process due to the expenditure of State Funds for an incentives package
Is this project an After-the-fact application or has this project received a previous Notice of Violation from DWQ?
No.
Does this project require approval of a Variance from the NC Environmental Management Commission? No.
Are you aware of any local controversy concerning this project? If so, please describe the controversy and any
measures that have been taken with respect to public involvement.
This form must be submitted via email (c/o 401expressta.~.ncmail.net), faxed (919-733-6893) or hand-delivered to the Parkview Building, 2321

Gc - GARTPGAY AND GHEI~IAGLA SOILS
6rB - GRANVILLE SANDY LDAM, 2 TO bA5 SLOPES
6rG - F~RANVILLE SANDY LOAM, b TO 10% SLOPES
MfB - MAYODAN SANDY LOAM, 2 TO bAi SLOPE5 ~
MfG - MAYODAN SANDY LOAM, 6 TO 10% SLOPES
MfD - MAYODAN SANDY LOAM, 10 TO 15Si'i SLOPES
Wn - V~EEHADKEE 51LT LOAM
® rao~cr No. MER-04000 MERCK VACCINE THE JOHN R. McADAM5
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ooo' DtTRHAM COUNTY SOIL SURVEY ~"~leNa1°~~~"o'~
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DA7S: DURHAM. NOR'LH CAROLINA p8&48ARCHIT[tIANG~ 2~OY-4006
Ot-O5-O7 (919) 961-b000

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0 0.2 0.4 0.6 0.8 1 mi
35.1128°N, 78.8445°W (NAD83/WG58~F)
USGS Northeast Durham (NC) Quadrangle M-: g, 7y3
Projection is UTM Zone 17 NAD83 Datum G=1.271
rROrecr rro. MER-04000
~ MERCK VACCINE THE JOHN R. McADAMS

~ F"E"""E' MERD4000X
MANIJFA G FACII
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[phone]

MAY-28-2004 07:48 FROM:DWQ-WETLRNDS 9197336893 70:93612269 P:2~6
~QF ~AT~RQ Michael F. Easley, Qovemor
~4 t'i W,7ilam (3. Ross Jr., Secretary
p+3 r, NoRh Carolina Department of Environment and Natural ReBOUroes
' -~ Alan W. Klimek, P. E. Director
O 'C' Division of W6ttef Quality
_ Coleen H. Sullins, Deputy Director
Division afWater 4uauty
May 24, 20Q4
DWQ Project No. 04-0825
Cotu~ty; Durham
Page i of 3
xreyburln Corporate Park, LLC
2200 West Main Street, State 900
Aurhaza, NC 27705
Subject Property: 11+Xerclt Vaccine Manufactarixtg Facility,
Treyburn Corporate Park, Old Oxford Road (SR 1004), Durham, NC
UT to Little River j03-04-p?„ 27-2-21-(6), R'S-IV (water supply) NSW (nutrient semsitave)]
A~>`tOV.AL of. Neuse River Bt>llrer Role (1.SA NCAC 02B ,4233) AUTHORIZATION CERTIFICATE
To Whom Zt May Concern:
you have our approval, in accordance witb.lSA NCAC 02B A233 and any conditions listed below, to impact
approximately I,.54 acres of Ville protected riparian buffers for the purpose of construct#ng the proposed roads and
stornawater management facilities at the subject property as described wifhiao your applicator dated May 18, 2004. In
addibirna, you should obtain or otherwise cotlaply with any other required Federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sedunent Cont7rol, Non-discharge and Water Supply
x+egulatiozls.
Tlsls approval. is only valid for the purpose and design that you desczibed ~ your applicatiox. if you change your project,
you tx-ust notify us and you xaay bt: required to send us a new application. zf the property is sold, the new owner must be
given a copy of this authorization and approval letter and is thereby responsible for complying with all conditions. Pox this
approval to be valid, you must follow the conditions .listed below.
Conditions:
Writtczt Stormwater Management Plan (Final Plan Needed) - An additional condition is that a final, written
starznwater mtnagelu>l::lolt plaix (~clusizi~g a sxgncQ and nulariLed Operalia>< and IvialJttcnancc AgrcCmcnt) shall be
approved in writing by this Office before the impacts specified in this Authori~.atlon Certificate occur. The
stormwater management plan must include platys and specifications for stornnwatex management faeiliraes that are
appropriate for surface waters classified as "WS-1V NSW 'and designed to remove 5596 rTSS according to the
most; recent version of the NC DENR Stormwater Best Ma7aagexxtent Practices (BMP) ManuaX. These facilities
sl(aust be designed to treat the runolJF firona the entire project, unless otherwise explicitly approved by the Division
of Water Quality. Also, before any permanent builditTg is occupied at the subject site, the facilities (as approved
lyy flair Office) shall be eoAStructed and operational, and the stonmwater management plan (as approved.by this
O££tce) shall be implemented. The structural. stormwater practices as approved by this O.ffilce as well as drainage
patterns must be xnaita'ztaizled in perpetuity. No changes to the structural stormwater practices shall be made
without written authorizariort from the Division of Water Quality.
The stortnwater taaal7agement plan roust include stornawater management facilities that control nitrogett (including
extended detention wetlands, bio-retention, areas, oar poA.ds Followed by Paznsted filter strips}. If you intend to use
tl'~c stoamwatcx wetlands proposed within your pzeliminary storsnwattAr plan, then they will need to be designed in
North C~~alina ptvfelon of Water Qudtiey, WETLANDS /401 UNIT
7030 MaFI ServtGe GeRter, ristlprgh, NG 27889-76fi0 (Naffing Address)
.2821 Crabfre9 BtVd., RalOlgrl, NC 27604-2260 (!-oCattW'1)
91A-733-786 (phone), 919-'7338893 (fax), htip;I/h2aenr,statB.nc.uslncwetlands/•

Treybum Corporate Park, l.LC -DWQ Project No. 040825
Page 2 of 3
May 24; 2004
accordance with the NC DENR 5tormwater BMP Manual (including a forebay, low marsh, high marsh ~:ad
micropool).
2. Buffer Mitigation (EEP) -You are required to nutigate for impacts to the protected riparian buffers. Thu squired
area of mitigation to compensate for impacts to the protected riparian buffers is 54,785 square feet as required under
this Authorization Certifcate and 15A NCAC 2B .0242(buffer mitigation rule). We understand that you wish to
make a payment into the Riparian Buffer Restoration F1znd administered by the NC Ecosystem Enhancement
Program (EEP) to meet Chic mitigation requirement. This has been determined by the DWQ to be a suitable method
to meet the mitigation requirement. In accordance with i5A NCAC 2B >02A2(7)(bu},j`er mitigation r-ele), this
contribution will satisfy our compensatory mitigation rcquircments under 15A NCAC 2B ..0233(l0)(br~fer
protection rule). Until the ESP receives and clears your check (made payable to: DENR W Ecosystem Hahancamant
Program Office), no impacts specified In this Authorization Certificate shall occur. The EEP slwuld be contacted at
[phone] if you have any questions concerning payment into the Riparian Buffer Restoration Fund. 'Sou have
one month from the date of this approval to make this payment p'or aceonnting purposes, this Author~icution
Certificate authorizes payment into the Riparian Buffer Restoration k~.nd to compensate for 54 5 of
required ripa~riaa buffer mitigation for impacts to 23,211 ftz of protected riparian buffers; 03-04-01 river and
subbasin, 2?-2-21-(6) stream index number."
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 far the project must be .designed, installed, operated, and
maintained in accordance with the most mceat version of thd,North Carolina Sediment and Erosion Control
Plarenxng arid' Design Manual. ,
b. The design, installatlon, 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 Carotrna
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, barrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
4. 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 Notice Application, 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.
5. Sediment anti erosion control measures shall. not be placed in wetlands or waters to the maximum axtant
practicable. Yf placement of sedfineat and erosion Control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade regUpred within six months ~of the date that the 13ivision of Land Resources
bas released the project.
6. Consavction Plans -Any final construction plans for this project must include or reference the application and
plans approved by the DWQ under this authorization letter and certification.
7. Protective Fencing -The outside buffer, wetland or water boundary sad along the construction corridor witltin
these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similaz high visibility material) for the areas that have been approved to infringe within ehe buffer, wetland. or
water prior to any land disturbing activities to ensure compliance with 1SA NCAC ?~ .0233.
9~S ~d 69ZZti9~6 ~01 ~689~~Z6ti6 SflNd~13M-DMa ~WO~I~ 6b ~Z0 b0(32-8Z-~lFiW

MAY-28-2004 07:48 FROM:DWQ-WETLANDS 9197336893 70:93612269 P:3~6
Treyburn Corporate Park, I_LC ~- DWQ Projeet No. 040825
Paga 3 of 3
May 24.2004
8. Ccrtifxea,te of Completions -Upon completion of all work approved within this authorization, and any subsequent
zr~odifacatiozss, the applicant is required to return. the attached certificate~of completion to the 401IWetlamds Unit,
North Carolina Division. of Water Quality, 1850 Mail Service Center, Raleigh, NC, 27699-1650.
Any disputes over detez~ninati.onts regazding dais Authorization Certificate (associated with the approved buffer i~tnpaets)
~. shall be refcs:reci in writing to the Director for a decision. Tkse Director's decision is subject to review as provided in,
Articles 3 and 4 of G.S. 15pB. This Authorization Certiftcate shall expire five (5) years ~. the dace of this letter.
This letter coannpletes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0233. ~ you
Dave any questions or would like a copy of the buffer rules, please call [phone]. This latter does not authorize any
impacts to either Waters of the Unfitted States or Waters of the State. Please contact the US Army Corps of Engineers
(USAGE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters.
Sincerely,
Attaclarsoca~ts: EEP Notificatiop
Certificate of Completion
cx: Kevin Martin, St~EC, Inc.,11010Raven Ridge Road, Raleigh., NC 27614
Aeborah Sawyer, Bcasystc~oo. }/nhancement Program
DWQ Raleigh Regional Office
ALR Raleigh Regional Office
Pl]e COPY
Central OP..fice
TRA/bz
DWQ #040825
Date: May 24, 2004

MAY-z8-2004 07:49 FROM:DWQ-WETLANDS 9197336893
a~ ~ArF~
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y
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Alan W. Klimek, P. H. Director
Division of Water Quality
Coieen H. Sullins, Deputy tNractor
DNfsion of Water Quality
NORTH CAROLINA pIVISiON OF WATER QUALITY
AUTHORIZATION CERTIFICATE
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In aocardance with 15A NCAC 28.0233, Treyburn Corporate Park, LLC has permission as outlined below to impact
protected riparian buffers fflr the purpose(s) of constructing the proposed manufacturing facility. All activities associated
vtrith these authorized impacts must be conducted with the conditions listed in the attached oertifioation transmittal letter.
TH1S CERTIFICATION AND AUTHORIZATION CERTIFICATE ARE NOT VALlD WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
DWQ Projoot No.; 04-0825
Date: May 24, 2004
LOCATION: Durham
COUNTY: Durham
BASIN/SUBBASIN: 03-04.01 (river/subb2tsin); 27-2-21-(6) (stream index no.)
As required by 15A NCAC 2B .02A~2, you ar® required to compensatt~.for flit, above impacts through the restoration or
enhancement of buffers as ouCfined below prior to conducting any activities that impact or degrade the waters of the state.
(Note: Acreage r®quirsments proposed to b®mitigated through the EEP must b® rounded up to one-quarter acre
increments aooording to 15A NCAC 2R .0503(b).]
acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetland
feet of stream channel
54,785
square feet of stream butters
One of the options you have available to satisfy the compensatory mitigation requir®ments is through the payment of a fee
to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242. If you ohoose this option, please sign this form and mail
it to the EEP at the address listed below. An invoice for the approprlat® amount of payment will be sent to you upon
receipt of this form. PLEASE NOT>;, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED
NOTIFICATIpN THAT YOUR PAYMENT HAS BEEN PROC)rSSED BY THE EEP.
Signature
ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
NC pIV1S10N OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699.1 B19
[phone]
Mbhaei R. Easley, t3ov®mor
w;niam a. Ross Jr.. sBCretary
North Carolina Department of Environment end Natural Resources
T0: 93612269 P:4~6
Data
North Carolina DNision of Water Quality, 401 Wetlands Certification Unik
1680 Mal Service Center, Raleigh, NC 27699-16150 (Haling Address)
2321 Crabtree BNd., Raleigh, NC 2760A-2260 (Location)
A1S~.7A'3.17AR fnHnnal DtA.7:t4.RA0'~ ffer\ hfrn•fM7n ens Atetn nr ,»lnnurottanAc!

MAY-28-2004 07:49 FROM:DWQ-WETLANDS 9197336893 70:93612269 P:6~6
a~'~A~`FR
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Micf-ael F, Easley, governor
William G. Ross Jr., SecretAry
North Caroiin~ Department of Environment and Natural Resources
AIaR W. Klimek, P. E. DireC6or
Division Of Water ~uaiky
Golsen ti_ svltins, Deputy Director
Division of Water Quality
,~
May 21, 2004
DWQ f! 04-0825
Durham County
Treyburn Corporate Park, LLC
220 West Main Street, Suite 900
Durham, NC 27705
Subject Property: Merck Sine, Treyburn Corporate Park, Old Oxford Road (SR 100x), purham, NG
UT to L4tde River (03-04-01, 27-2-21-(6), WS-tV {water supply) NSW (nutrient sensitive)]
On-Sife ietermination for Applicabltity to flSe Neuse River F~iparian Area Protection Rules
(75A NCAC 2B .0233)
To Wham It May Concern:
an March 4, 2004, at your request I conducted an on-site determination to review surace water features located on the
subject prop®rty for applicability to the Neuse Buffer Rules (15A NCAC 26.0233). The Division of Water Quall#y (IaWQ)
has determined that the attached map Initialed by me on May 21,'2004 accurately depiicts the extent of surface
waters subject to the Neuse R~er Suffer Rule located on the subject property. These•streams and their associated
buffers should be identified on any future plans far this property. The ovVner (or ftatur® owners) should notify th® DWQ
(and oth®r relevant agencies) of this decision in any future correspondeniwes concerning this property. This on-efts
determination shall expire five (5) years from the date of this letter.
I-andowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a
surface water exists and that It Is subject to the buffer rule may request a deteltnlttatlon by the. Director. A request for a
dotermina#(on by the Director shall be referred to the Dir®ctor in writing c/o John Domey, DW Q Wetlands1401 Unit, 2321
Crabtre® Blvd., Raleigh, NC 27604-2260. Indivtduals that dispute a determination by the DWQ or Delegated t_oca)
Authoritythat "exempts" a surface water from the butler rule may ask far an adjudicatory hearing. •You must act within 60
days of the date that you receive this letter. AppiicarltS are hereby nofrfied that the ti0-day statutory appee) time does not
start until the affected party (including downstream and adjacent iandowners) is notified of this decision. DWQ
recommends that the applicant conduct this notiflcatlon in order to be certain that third parry appeals are made in a timely
manner, To ask for a hearing, send a written petition, which conforms to Chapter 150B of th® North Carolina General
Statutes to th+a Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27689-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
This t9tter Only addresses the applicability t0 the buffer rules and does not approve any actlvtly within the buffers. Nor
does this letter approve any activity within Waters of the fJnited States or Waters of the State. if you have any additional
questions or require additional Information please call meat (91s) 733-9726.
Sincerely,
Bob Zarz~ecki,
DWQ, Wetlands 1401 Unit
cc: Don Cordell, Hazen & Sawyer, 4011 Westchase B{vd., Raleigh, NC 271307
Kevin Martin, S&EC, Inc., 11010 Raven Ridge Road; Raleigh, NC 27814
DWQ Raleigh Regional Office .
DLR Raietgh Regional Office '
Flira Copy
Central Office .
Nonn carotu,a otwslon or Water auartry, ao, werranda cvrwira~ion unit'
1850 Msil Sarvioe Center, Raleigh, NC 278 99-1 9 5D (Hsiang Address)
2321 Ctabtr~ee Blvd., Ratelgh, NC 27804.2260 (Location)
919.733•i781i (phone), 919-733-8893 (fax), nttpl/h2o.®nr.siate.nc.uslnaw®ttands/

MAY-28-2004 07:51 FRDM:DWQ-WETLANDS 9197336893 78:93612269 P:1~1
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