HomeMy WebLinkAbout20041592 Ver 1_Complete File_200409290? W A T?R Michael F. Easley, Governor
O? QG William G. Ross Jr., Secretary
co r North Carolina Department of Environment and Natural Resources
-i Alan W. Klimek, P.E. Director
O Division of Water Quality
August 24, 2005
DWQ Project # 04-1592
Durham County
GlaxoSmithKline
P.O. Box 3398
Research Triangle Park, NC 27701
Subject Property: GSK AOC Fermentation Building Drainage Channel Repair
Durham, NC
Approval of 401 Water Quality Certification
Ladies and Gentlemen:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 100 feet of streams for the purpose of stormwater channel
repair at the subject property, as described within your application dated July 1, 2005 and
received by the N.C. Division of Water Quality (DWQ) on July 5, 2005. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) NW18
when issued by the US Army Corps of Engineers (USACE). 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, Non-discharge,
and other 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 or CAMA Permit.
This approval is for the purpose and design that you described in your application. 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 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
401 Oversight/Express Review Permits 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 / Intemet: htta7//h2o enr.state.nc.us/ncvvetlands
None Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
G1axoSmithKline
Page 2 of 3
August 24, 2005
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 Cyndi Karoly or Ian McMillan in the
Central Office in Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at
919-791-4200.
Sincerely,
Alan W. Klimek, P.E.
AW Klijm
Enclosures: GC 3402
Certificate of Completion
cc: Jeffrey Mann, MACTEC Engineering & Consulting, 3301 Atlantic Avenue, Raleigh, NC
27604
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 041592GS K_AOC_Ferment_B ldg_Drainage_Channel_R epair(D urham)401 _M OD
JUL 0 5 2005
vIETtJNR! sATE QUAUTY
MWATER BRANCH
Office Use Only: Form Version May 2002 T-1 15 9 2 v.
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: GlaxoSmithKline (GSK)
Mailing Address: P.O. Box 3398
Research Triangle Park, North Carolina 27701
Telephone Number: (919) 483-4640 Fax Number: (919) 315-5713
E-mail Address: Lindsey.c.walata@Fsk.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jeffrey Mann
Company Affiliation: MACTEC Engineering & Consulting
Mailing Address: 3301 Atlantic Avenue
Raleigh, NC 27604
Telephone Number: (919) 876-0416 Fax Number: (919) 831-8136
E-mail Address: jamann@mactec.com
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: GSK AOC Fermentation Building Drainage Channel Repair
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0738-02-98-4931
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): I-40 to Durham Freeway/NC-147
North (Exit 279). 1St Exit onto Cornwallis Rd (Heading NW). Take 1St right into
G1axoSmithKline facility (Maughan Rd). Drive into parking lot, site towards NW portion of
parking lot.
5. Site coordinates, if available (UTM or Lat/Long): N 35 55 8.46/ W 78 52 4.98
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 107.18 (entire GSK holdings)
7. Nearest body of water (stream/river/sound/ocean/lake): Northeast Creek
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is bordered by a paved parking lot with a culvert
Page 6 of 13
which directs runoff from a paved parking area into an unimportant stream channel which
flows northwesterly through a wooded upland area. The channel then flows into a powerline
right-of-way containing periodically-mowed herbs, saplings and shrubs. General land use in
the vicinity of the project is mixed commercial/industrial and undeveloped wooded land.
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed stormwater channel repair is expected to impact approximately 100 linear feet of
eroded storm channel (intermittent stream) eroded through uplands from a culvert draining
the adjacent parking lot. The proposed repair will include backfilling the channel bottom to
establish previous channel grade and regrading the remaining channel banks. The channel
will be backfilled with clean fill material, placed in 6 to 12 inch compacted lifts. A 24 inch
HDPE pipe will be connected to the existing 24 inch RCP culvert and rip-rap will be placed
at the outlet for stormwater energy dissipation and downstream erosion control. Clean
backfill will be placed over the pipe and a suitable vegetative cover will be established. Rip-
rap (00=15") will be placed on top of a Qeotextile fabric to complete the energy dissipator.
Equipment used for excavation activities will be a trackhoe excavator.
11. Explain the purpose of the proposed work: The stormwater channel repair will protect the
downstream portion of the channel and receiving wetlands from high-velocity stormwater
runoff and sediments historically generated by erosion of the upstream portion of the
channel.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
This work is related to an adjacent project where contaminated soil is being removed and
replaced with clean fill under a NWP #38 permit. A jurisdictional determination was submitted
to the USACE for the downstream portion of the stream and wetland area on September 20,
2004. A PCN Application was submitted to the USACE on September 24, 2004 and to NC
DWQ on September 27, 2004. A General Nationwide Permit (NWP) Verification for a NWP
#38 was issued on October 7, 2004 (USACE Action ID: 200421542). A corresponding 401
Water Quality Certification was issued on December 16, 2004 (DWQ Project # 04-1592).
Page 7 of 13
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: The proposed stormwater channel
repair is expected to impact approximately 100' of a drainage channel (classified as an
intermittent stream) which has eroded through uplands from a culvert draining the adjacent
parking lot. The impacts will be limited to the filling of the eroded channel to re-establish
the original channel gradient, connection of a 24 inch HDPE pipe to the existing 24 inch RCP
culvert, and the placement of rip-rap within the channel to control runoff velocities and
prevent further erosion of the channel banks. Placement of the HDPE pipe will impact less
area than the previously proposed 20 foot-wide, rip-rap channel (PCN 13 approved on
4/1/2005). Likewise, relocation of the pipe discharge point to a more level location will
provide additional safety for G1axoSmithKline personnel during stormwater sampling events
as required by the site NPDES permit.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.1ema.gnu.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
Page 8 of 13
3. List the total acreage (estimated) of all existing wetlands on the property: Undetermined
Total area of wetland impact proposed: N/A
4. Individually list all intermittent and perennial stream impacts below:
Average
Stream Impact Length of Width of Perennial or
Site Number Type of Impact* Impact Stream Name** Stream Intermittent?
(indicate on map) (linear feet) Before (please specify)
Impact
S2 Backfill, Rip-rap 100' UT to Northeast Creek 1.5' Intermittent
Unimportant Channel
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
darns (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us?zs.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 100'
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbod
(if applicable) y Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
6. List the cumulative impact to all Waters of the U.S. resulting from this project:
Stream Impact (acres): 0.02
Wetland Impact (acres): 0.00
Open Water Impact (acres): 0.00
Total Impact to Waters of the U.S. (acres) 0.02
Total Stream Impact (linear feet): 100'
Page 9 of 13
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The repair of this drainage channel is required to prevent further bank and channel bottom
erosion which would produce sedimentation impacts in the wetlands into which the channel
discharges. Placement of the HDPE pipe will impact less area than the previously proposed 20
foot-wide, rip-rap channel (PCN 13 approved on 4/1/2005).
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
Page 10 of 13
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetIands/strmgide.htm].
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wM/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Page 11 of 13
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A
Page 12 of 13
XL Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property. If percent impervious surface exceeds 20%, please provide
calculations demonstrating total proposed impervious level. No existing or proposed impervious
surfaces are currently in the site project area. Existing grades will be reestablished and
appropriate sediment and erosion control measures will be incorporated.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
Ap
(Agent's si
5
gent's Signature Date
valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
AGENT CERTIFICATION OF AUTHORIZATION
I Lindsey Wala
to representing ?co
Glv SmithKline hereby certify that I have authorized Jeffrey
Mann of MACTEC Engineering and Consulting, Inc, to act on my behalf and take actions
necessary for the processing, issuance, and'acceptance of Section 404/401 permit applications for
the AOC Fermentation Building Project.
We hereby certify that the above information submitted in this application is true and accurate to
the best of our knowledge.
W J 0-J
Applicant's sign tore
?//O/ A/L-
Agent's signature
-3 a6-0?
Date
December 3, 2004
Date
Completion of this form will allow the agent to sign all future application correspondence.
Page 1 of 1
DEC 02 2004 13:19
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GlaxoSmithKline AMACTEC 7.5-Minute SE and SW Durham
Cornwallis Road Campus Topographic Quadrangles
RTP, North Carolina
Project 6470-04-0818 Figure l
LScalrec:e: 1 inch = 100 feet, approximately
USGS, 2002
Glaxo Smith Kline
Cornwallis Road Campus
RTP, North Carolina
property
boundary
approximate
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erosion
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6470-04-0818
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1.) BASE MAP TAKEN FROM DIGITAL FILE #0136056M003.dwg, PROVIDED BY GOLDER
ASSOCIATES OF PA, ENTITLED "PRELIMINARY EXTENT OF SOIL EXCAVATION AT AOC
FERMENTATION BUILDING DATED AUGUST 17, 2004.
Prepared by/ Date: J" -71110s
Checked by/ Date:,g4-nj -+(I IK
OPMACTEC
MACTEC ENGINEERING AND CONSULTING, INC.
3301 ATLANTIC AVENUE RALEIGH, NORTH CAROLINA
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GPS VERIFIED IMPACT AREAS
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G1axoSmithKline
C/o Mr. Amin Davis
P.O. Box 3398
Research Triangle Park, NC, 27701
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 16, 2004
Subject Property: GSK AOC Fermentation Building Soil Excavation
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Davis:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1592
Durham County
You have our approval, in accordance with the attached conditions and those listed below, to excavate
within 0.05 acres of wetlands and 155 feet of intermittent streams for the purpose of removing
contaminated soils in the project vicinity, as described within your application received by the N.C.
Division of Water Quality (DWQ) on September 29, 2004, and in additional correspondence received
December 13, 2004. Furthermore, in lieu of materials not included with your application, confirmation of
the intermittent status of the referenced streams was requested of the U.S. Army Corps of Engineers and
confirmed by the Corps on December 15, 2004. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3360 (GC3360). The
Certification(s) allows you to use Nationwide Permit(s) 38 when issued by the US Army Corps of
Engineers (USACE). 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, Non-discharge, and other 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 or CAMA Permit.
This approval is for the purpose and design that you described in your application. 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 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
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 (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733.1786 / FAX 919-733-68931 Internet: http://h2o.enr.state.nc.us/ncwetiands
NorthCarolina
Aahrra!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
G1axoSmithKline
Page 2 of 3
December 16, 2004
Amount Approved
(Units) Plan Location or Reference
Stream 155 (feet)
404/CAMA Wetlands 0.05 (acres)
2. Erosion & Sediment Control Practices
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and'maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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 six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 or CAMA Permit.
G1axoSmithKline
Page 3 of 3
December 16, 2004
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.
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 Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Erick Kulz in the DWQ Raleigh Regional Office at 919-571-4700.
AW K/cbk
Enclosures: GC 3360
Certificate of Completion
Sincerely,
Alan W. Klimek, P.E.
cc: Amin Davis, MACTEC, 3301 Atlantic Avenue, Raleigh, NC, 27604
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 041592G1axo(Durham)401
MEMORANDUM
TO: John Dorney Regional Contact: Michael Horan
Non-Discharge Branch WQ Supervisor: Ken?Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name G1axoSmithKline : Fermentation Bldg. Soil County Durham
Project Number 04 1592
Recvd From APP
Region Raleigh
Received Date 9/29/04 Recvd By Region
Project Type contaminated soil remediation
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
38 Stream P7_ O N F_ r 16-41-1-17 Nsw 30,605. 0.04 155.00
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Beed Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: O Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
Place on-hold, I have a site review planners fo r 10/22/04 for I/P determination. 10/21/04 Thanks
Michael Horan. ((10/22/04)- 1 have been out to the site along with Eric Kulz. I was unable to
complete the stream evaluation form due to t he contamination of this feature. But what data I was
able to collect : the stream reached a nume rical value of 31 pts• (putting the emphasis on the
pholQgy section which receiv
Primary eg omor ed a numerical value of 20 Pts.) The GPS reading at
.
the point I evaluated is (,35 deg. 55' 07.89)(7 8 deg 52' 06.7), Todd Tugwell is meeting with them
on Dec. 15, 2004 to make a JD. I have no pr oblem with them cleaning up the site, but would like for
them to comeback with some type of restora tion plan for the feature and stormwater burp(s) If you
have any questions please give me a call.
County2
cc: Regional Office
Central Office Page Number 1
Facility Name G1axoSmithKline : Fermentation Bldg. Soil County Durham
Project Number 04 1592
Regional Contact: Michael Horan
Date:
Comments (continued from page 1):
e
cc: Regional Office
Central Office Page Number 2
MACTEC
December 13, 2004
Ms. Cyndi Karoly, 401 Oversight Unit
NC Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear Ms. Karoly
RE: DWQ Project # 04-1592 Durham County
DEC -1 6 2004
DENR - WATER QUALITY
WETLA14DS AND STORIAWATER M n
The purpose of this letter is to respond to the two points raised in your letter dated
November 22, 2004 to Mr. Amin Davis of our firm. We hope that this additional
information will provide DWQ with sufficient information to render a positive decision
regarding the pending 401 permit request submitted by G1axoSmithKline (GSK) on
September 27, 2004.
1. Stream Determination
Mr. Todd Tugwell of the U.S. Army Corps of Engineers (USACE) previously
evaluated the drainage channel upstream from the wetlands and determined it to be an
unimportant stream. We have attached a copy of the NWP 38 permit issued on
October 7, 2004 for this project by the USACE, which confirms this determination.
2. Applicant agent authorization letter
The signed authorization form was previously submitted to you on December 3, but a
copy has been attached to this correspondence for your reference.
Please do not hesitate to contact me if you have any questions regarding this matter. We
hope to receive the 401 permit approval this week so the soil removal project can be
core ete prior to the end of this year.
N. Guy Winebrenner, P.E.
Senior Principal Engineer
attachments
cc: Todd Tugwell, USACE Raleigh Regulatory Field Office
Lindsey Walata, GSK
Jeff Mann, MACTEC
a A
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200421542 County: Durham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: GlaxoSmthKline
Attn: Lindsey Walata
Mailing Address: Post Office Box 3398
Research Triangle Park, North Carolina 27701 Telephone No.: (919) 4834640
Authorized Agent: MACTEC Engineering & Consulting
Attn: Amin Davis
Mailing Address: 3301 Atlantic Avenue
Raleigh, North Carolina 27604 Telephone No.: (919) 876-0416
Location of property (road name/number, town, etc.): The project (AOC Fermentation Building Soil Excavation) is
located west of NC Hi-.Itway 147 and north of Cornwallis Road, on the G1axoSmithKline site, in Durham, North
Carolina. 11
Site Coordinates: 35.9193129 °N 78.8683777 °W
Waterway: Northeast Creek
USGS Quad: Southeast Durham
River Basin: Cape Fear HUC: 03030002
Description of projects area and activity (see page 2 for a summary of authorized impacts): Activities associated with the
proposed project include, excavation and the placement of clean earthen fill material necessary for the cleanup and
remediation of a previously identified PCB contamination site.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
0 Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s)`. 38
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Todd Tugwell at telephone (919) 876-8441, ext 26.
Corps Regulatory Official Date: 10/07/2004 Verification Expiration Date: 10/07/2006
Copy Furnished:
Page 1 of 2
r
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are waters of the US and/or wetlands within the above described project area subject to the pcm-ut requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on (Action ID: ).
Basis of Jurisdictional Dcteunuiatiun: The project site contains an unnamed tributary to northeast creek, and adjacent
wetlands, which flow into New Hope Creek, a tributary to the Cape Fear River, a navigable waterway.
Corps Regulatory Official Date: 10/07/2004 Determination F,xpiration Date: 10/07/2004
\IJ
Surrttnary n Authorized Impacts and Required Mitigation
Action ID NWP / GP Open Water ac Wetland ac Unimportant Steam 1 Important Stream 1
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
200421542 38 0 0 0 0.04 0 155 0 0
Impact Totals 0 0 0 0.04 0 155 0 0
Total Loss of Waters of the U.S. (ac 0.04 Total Loss of Waters of the U.S. (If) 155
Required Wetland Miti ation (ac) 1 0 Required Stream Mitigation (If) 1 0
Additional Remarks and/or Special Permit Conditions:
Page 2 of 2
N(1TIFIC'ATiON OF ADMINISTRATIVE APPEAL OPTIONS AN1?.PR-OC'FSS AND
,REQUEST FORAPPEAL
Applicant: GlaxoSmtltKline Attn: Lindsey File Number: 200421542 Date: 10/07/2004
Walata
Attached is: See Section below
TNITIAT. PROFFERED PERMIT (Standard Permit nr Letter of A
ermission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
_ PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
,SECTION L= The following identiftes.your rightsarld options regarding an administrative appeal of the above
decision. Additional information may be found at http://?vww.usace.army.trtil/inct/functions/cw/ceewo/rcg Cr
Co s rc ulations at 33 CFR Part 331::::' - :;
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION: -
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Todd Tugwell Mr. Arthur Middleton, Administrative Appeal Review
Raleigh Regulatory Field Office Officer
US Army Corps of Engineers CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
goverunbnt consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
AGENT CERTIFICATION OF AUTHORIZATION
I, Lindsey Walata, representing GlaxoSmithMne hereby certify that I have authorized Jeffrey
Mann of MACTEC Engineering and Consulting, Inc, to act on my behalf and take actions
i
necessary for the processing, issuance, and*acceptance of Section 404/401 permit applications for
the AOC Fermentation Building Project.
We hereby certify that the above information submitted in this application is true and accurate to
the best of our knowledge.
Li 61 ?
Applicant's sign tore
anon
Date
9,??n1
Agent's signature
December 3, 2004
Date
Completion of this form will allow the agent to sign all future application correspondence.
axums ;t2
Page 1 of 1
DEC 02 2004 13:19 919 315 5713 PAGE.02
rF W A TF,4Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
U1 r North Carolina Department of Environment and Natural Resources
DUG
.? Alan W. Klimek, P.E. Director
O
Division of Water Quality
November 22, 2004
DWQ Project # 04-1592
Durham County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
G1axoSmithKline(GSK)
C/o Amin Davis
P.O. Box 3398
Research Triangle Park, NC, 27701
Subject Property: GSK AOC Fermentation Building Soil Excavation
REQUEST FOR MORE INFORMATION
Dear Mr. Davis:
On September 29, 2004, the Division of Water Quality (DWQ)\received your application dated
September 27, 2004 to impact 0.04 acres of wetlands and 155 fe4t of streams to remove contaminated
soils from the referenced site. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 211.0506 and will place this project on hold as
incomplete until we receive this additional information. Please provide the following information so that
we may continue to review your project.
Additional Information Requested:
1. Stream Determination
Your application notes that the stream you propose to impact is intermittent. However, Mr. Mike
Horan and Mr. Eric Kulz of the DWQ Raleigh Regional Office attempted to inspect the site to
confirm if the stream is intermittent or perennial, but were unable to complete this task due to the
presence of hazardous contaminants in the project area. We have been informed that Mr. Todd
Tugwell of the US Army Corps of Engineers will be visiting the site with you on Decebmer 15,
2004 to perform a jurisdictional determination. We will defer to that determination. Please note
that Mr. Horan's cursory determination was that this stream may be perennial. If it is perennial,
you should note that stream mitigation may be required in accordance with 15A NCAC 2H
.0506(h). You would then have the following options for satisfying the mitigation requirement
associated with this project:
a) Payment into the North Carolina Ecosystem Enhancement Program (EEP), if the EEP will
accept the responsibility for conducting this mitigation work, or
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1766 /FAX 919-733-6893 / Internet: htto://h2o.enr.state.no.us/ncvvetlands
one
N Carolina
,lVturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
GlaxoSmithKline
Page 2 of 2
November 22, 2004
b) Preparing and implementing a stream mitigation plan with a minimum of a l: l restoration
component for 155 feet of impacts.
If you decide to propose use of EEP in lieu of developing your own stream mitigation plan, you
will need to contact Ms. Suzanne Klimek with the EEP at (919) 733-5208 to see if they will
accept the project. You should note that mitigation requirements proposed to be mitigated
through the EEP must be rounded to the nearest linear foot increment according to 15 2r .0503(b).
2. Applicant signature or agent authorization letter.
The signature page of the Pre-Construction Notification requires either signature by the applicant, or
if a consultant signs the form for the applicant, an agent authorization letter indicating that the
consultant has legal authority to submit this application on the applicant's behalf. Your application
was signed by Mr. Amin Davis of MACTEC, but we could not find a copy of the authorization
letter. Please provide a signature page signed by a representative of GlaxoSmithKline or the agent
authorization letter.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Mike Horan of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks,
we will assume that you no longer want to pursue this project `and we will consider the project as
withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786
if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely, CA, E
Cyndi Karoly,
DWQ, 401 Oversight Unit
CBKlcbk
cc: Mike Horan, DWQ Raleigh Regional Office
Todd Tugwell, USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 041592G1axo(Durham)HOLD
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name GlaxoSmithKline : Fermentation Bldg. Soil
Project Number 04 1592
Recvd From APP
Received Date 9/29/04 Recvd By Region
Project Type contaminated soil remediation
County Durham
County2
Region Raleigh
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
38 Stream O Y _&N ?6-41-1-17 F -C[ N5W 30,605. 0.04 155.00
7- F_ PT _0N F_ I r F_-( xI -F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmss)
Comments: 01' )3
Place on-hold, I have a site review planned for 10/22/04 for I/E_d?etermination, 10/21/04 Thanks
hAinhaal I-Inran (/i n/99/na)_ I hnva haan ni it to tha aita al n with Frie Ki ih 1 wac i inahla to
Primary geomorphology section which received a numerical value of 20 pts.) The GPS reading at
the point I evaluated is (85 deg. 55' 07.89)/(78 deg 52' 06.7), Todd Tugwell is meeting with them
on Dec. 15, 2004 to make a JD. I have no problem with them cleaning up the site, but would like for
them to comeback with some type of restoration plan for the feature and stormwater bmp(s) If you
have any questions please give me a call,
cc: Regional Office
Central Office Page Number j 1
MCDEMR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
MEMORANDUM
TO: Ken Schuster
Raleigh Regional Office
FROM: Cyndi Karoly t6K
RE: 401 Certification Review
Attn: Mike Horan
October 7, 2004
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Please review the enclosed 401 Certification applications by the dates listed for each project. Please call
me if you or your staff have any questions, or need assistance in these reviews.
Please complete the staff report and recommendation form on Filemaker Pro.
1. Glaxo Smith Kline
04-1592
Durham County
Central Office Received 9/29/04
Clock expires 11/27104
The other enclosed material is for your general information and use as appropriate.
Enclosures
401 Wetlands Certification 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.enc.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Division of Water Quality
NorthCarolina
Aahmally
M
grMACTEC ACTEC Engineering and Consulting
3301 aleigh, Avenue
Raleigh, NC 27604
R
Phone: (919) 876-0416 Fax: (919) 831-8136
v `? =y LETTER OF TRANSMITTAL
TO: Mrs. Cyndi Karoly DATE: 9/27/04
NC DENR, Division of Water Quality PROJECT NO.: 6470-04-0810
2321 Crabtree Boulevard PROJ. NAl\IE: G1axoSmithKline Cornwallis Rd Soil Excavation
Raleigh, NC. 27604 SUBJECT: PCN Application
WE TRANSMIT TO YOU: HEREWITH L_j UNDER SEPARATE COVER
SUBJECT:
?DRAWINGS
?SPECIFICATIONS
?CALCULATIONS
NREPORT
?COST ESTIMATE
?AS NOTED
ACTION:
NFOR YOUR INFORMATION
NFOR YOUR COMMENT OR APPROVAL
?RETURNED FOR CORRECTION: RESUBMIT
?APPROVED AS NOTED
?AS REQUESTED
SENT BY:
®MAIL
?CERTIFIED MAIL
?EXPRESS
?COURIER
?HAND DELIVERED
?FACSIMILE:
pages (including transmittal sheet)
COPIES DATE DESCRIPTION
7 9/24/04 PCN Application and Site Drawing
7 9/20/04 USACE Request for Jurisdictional Determination Package
7 9/21/04 Cover Email to USACE
1 9/29/04 $200 Application Fee
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REMARKS: M
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SEP 2 9 2004
ItiE1LWlgN ST RRVQ
WER 'tAtJR
CC: Richard Darling By:
File (1)
Direct Phone: 919-831-8058
CONFIDENTIALITY NOTICE: This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is
privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible
for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited.
If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal
Service. Thank you.
If transmission is not received in good order, please call Amin Davis at (919) 831-8058
PA646bY13-04761/npe Atills Dam RrjmiACorrrspond-,ATransmiuaLNVIP C ndahm (TRG)
Form Revised 2V1 N02
Amin Davis
Office Use Only: Form Vcrsion May 2002
USACC Action ID No. DWQ No. €' 4
(if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Pen-nit ? . Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 38
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ? M
II. Applicant Information t) ???? v L D
D
1. Owncr/Applicant Information SEP 2 9 2004
Name: GlaxoSmithKline (GSK)
Mailing Address: P.O. Box 3398 WEnIWO? s? sr p
Research Triangle Park, North Carolina 27701
Telephone Number: (919) 483-4640 Fax Number: (919) 315-5713
E-mail Address: Lindsey.c.walata(a?gsk.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Amin Davis
Company Affiliation: MACTEC Engineering & Consulting
%?t Mailing Address: 3301 Atlantic Avenue
Raleigh, NC 27604
Telephone Number: (919) 876-0416 Fax Number: (919) 831-8136
E-mail Address: akdavis(a,mactec.com
Page 5 of 13
III. Project Information
2
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity snap
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be inforned that
the project has been placed on hold until decipherable snaps are provided.
1. Name of project: GSK AOC Fermentation Building Soil Excavation
T.I.P. Project Number or State Project Number (NCDOT Only): N/A
Property Identification Number (Tax PIN): 0738-02-98-4931
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): 1-40 to Durham Freeway/NC-147
North _(Exit 279). 1ST Exit onto Cornwallis Rd (Heading NW). Take 1St right into
G1axoSmithKline facility (Maughan Rd). Drive into parking lot, site towards NW portion of
parking lot.
5. Site coordinates, if available (UTM or Lat/Long): N 35 55 8.46/ W 78 52 4.98
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 107.18 (entire GSK holdings)
7. Nearest body of water (stream/river/sound/ocean/lake): Northeast Creek
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is bordered by a paved parking lot with a culvert
Page 6 of 13
which directs flow into an eroded channel that traverses a moderately sloped wooded area.
The channel then flows into a powerline right-of-way containing periodically-mowed herbs,
saplings and shrubs. General land use in the vicinity of the proiect is mixed
commercial/industrial and undeveloped wooded land
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed excavation is expected to impact significantly less than 0.1 acres of potential
wetland area and significant portions of an eroded storm channel eroded through uplands
from a culvert draining the adiacent parking lot. The proposed excavation will remove
approximately 40 tons of contaminated soils encompassing approximately 0.18 acres in the
vicinity of the GSK AOC Fernentation Building. Soil contamination is suspected to have
originated from stonnwater runoff to this area, including runoff from the eroded stonn_
channel traversing the proposed excavation area from the culvert draining the parking lot.
Water or other liquids encountered and removed from the excavations will be collected and
laboratory tested to determine levels of contamination. Backfilled material will then be
placed and compacted in 6 to 12 inch lifts and existing grades will be re-established.
Equipment used for excavation activities will be a trackhoe excavator
11. Explain the purpose of the proposed work: The proposed excavation will be conducted as a
Corrective Action under RCRA guidelines to remediate previously identified PCB soil
contamination found at the project site.
IV. Prior Project History
If jurisdictional deterninations and/or pen-nits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date pen-nits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No prior jurisdictional detenninations or permits have been requested for this proiect in the past.
V. Future Project Plans
Are any future pen-nit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future pen-nits are anticipated for this project.
Page 7 of 13
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed excavation area is
expected to impact significantly less than 0.1 acres of potential wetlands and significant
portions of an eroded storm channel eroded through uplands from a culvert draining the
adjacent parking lot.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***
Potential Wetland Excavation, Fill 0.04 No 280 Maintained Wet Meadow
i i i i i i
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains arc identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online athttn://hvww.fcma.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: Undetermined
Total area of wetland impact proposed: < 0.05 acres
3. Individually list all intennittent and perennial stream impacts below:
Page 8 of 13
Average
Stream Impact Length of Width of Perennial or
Site Number Type of Impact* Impact Stream Name** Stream Intermittent'?
(indicate on map) (linear feet) Before (please specify)
Impact
Intermittent
Eroded Channel Excavation, Rip- 155 UT to Northeast Creek 1.5 Unimportant/
rap Ephemeral Channel
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1800-358-9616, or online at
www.uees.cov. Several imcmet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapouest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 155' (0.005 acres)
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Watcrbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
Page 9 of 13
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The excavation of contaminated soils within the project area containing; a portion of potential
wetlands is required as part of a RCRA corrective action measure for the property.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in detennining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.usMcwet]ands/stnn,Qide.litin1.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, Qihancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
Page 10 of 13
Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.tt;/wm/index.liti If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No N
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to detennine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Page 11 of 13
Yes ? No ® If you answered "yes", provide the following infonnation:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
Zone 1 extends out 3U feet perpendicular from near bank of channel; Lone 1 extends an
additional 20 feet from the edge of Zonc 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stonnwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No existine or nronosed impervious surfaces are currently n the site nroiect area. Existina
grades will be reestablished and appropriate sediment and erosion control measures will be
incorporated.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XII1. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Page 12 of 13
Is this an after-the- fact pen-nit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these pen-nits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Excavation is required as a corrective action per RCRA guidelines. Excavation activities should
be completed by October g ,2004. Delays in the proposed excavation schedule will result in.
additional equipment and personnel costs (> $50,000).
9/24/04
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
r
LEGEND
ERODED CHANNEL 155 LF)
® EXCAVATION AREA 0.1 ACRES)
POTENTIAL WETLAND (- 0.3 ACRES)
7 CULVERT OUTLET (PARI9NG LOT)
60 0 60
SCALE FEET
Scat. 1 "=60'
Sou=e* GOLDER ASSOCIATES, KCI ASSOCIATES
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REFERENCES
GLAXOSMITHKLIN'c 1.) WE ASSOCIATES O TAKEN FROM DKITAL FILE OF erg PROVIDED BY COLDER
TEic a ° MS "`Y ,,4 OF SOC EXCAVATION TIO TION ioc .^"r MA 11LL??CTEC GPS VERIFIED IMPACT AREAS
CORNWALLIS ROAD CAMPUS FERMENTATION UILDI
RTP. NORTH CAROLINA
r"c,ta+oe .?n ..a.?c Prvjact: 6170-04-0810 Shxt
uw ?,c..,?;? ¦umA ? uwa?
-----Original Message-----
1 From: Davis, Amin
Sent: Tuesday, September 21, 2004 3:14 PM
To: 'todd.j.tugwell@usace.army.mil'; 'Chuck Armbrust R[EQ-590WE
1773
(carmbrust@co.durham.nc.us)' Cc: Darling, Richard DO
Subject: JD Determination @ GlaxoSmithKline Property SEA' 2 9 2004
Importance: High
DENR - WATER QUALITY
TODD/CHUCK VICTLMDS MO STORMWATER BUX[I
,
MACTEC is providing environmental support services to GlaxoSmithKline (GSK)
on the North Campus portion of their site in Research Triangle Park, North
Carolina. MACTEC is submitting a Request for Jurisdictional (and Durham
County Stream/Wetland Buffer) Determination in advance of proposed soil
excavation activities in the vicinity of the GSK AOC Fermentation Building.
The proposed excavation is expected to impact less than 0.1 acres near a
potential wetland area and significant portions of a non-jurisdictional
channel eroded through uplands from a culvert draining the adjacent parking
lot. The proposed excavation will be conducted as a Corrective Action under
RCRA guidelines to remediate for previously identified soil and groundwater
PCB contamination. This contamination is suspected to have originated in the
stormwater runoff to this area.
The erosion channel traverses an area from the culvert draining the parking
lot of the North Campus adjacent to the AOC Fermentation Building and flows
northwesterly through a wooded area towards the powerline right-of-way (ROW).
This channel originates immediately downstream of the culvert and is deeply
incised (5-7 foot banks) in the upper portion of the reach. The channel is
significantly less incised as it approaches more level terrain towards the
ROW and loses form as it grades into what appears to be a potential wetland
within the maintained ROW.
The proposed excavation area is calculated to be approximately 0.18 acres and
will take place immediately south of the ROW. Therefore, excavation
activities are expected to impact significantly less than 0.1 acres of
potential wetlands. However, impacts to the erosion channel are .expected
since it flows through portions of the excavation area. When excavation
activities have been completed, existing grades will be re-established and
the excavation area will be stabilized. Please contact me at (919) 831-8058
as soon as possible to verify that Department of the Army, NC Division of
Water Quality, or Durham County authorization is not required for this
proposed project.
Attached is a Request for Jurisdictional
site photographs) for the subject site.
other information. I'll wait to hear back
determination.
Determination (including maps and
Please contact me if you need any
from you regarding your
Thank You,
AMIN K. DAVIS
MACTEC Engineering & Consulting, Inc.
3301 Atlantic Avenue
Raleigh, NC 27604
Direct: (919) 831-8058
Office: (919) 876-0416
Email: Akdavis@mactec.com
Web: www.mactec.com
t gMACTEC
REQUEST FOR JURISDICTIONAL DETERMINATION
Date: 09/20/01
County: Durham Total Acreage of Tract: < 2 acres
Project Name: GSK Cormvallis Road (North Campus)
Property Owner(s) (name, address, and phone): GlaxoSmithKline- North Campus
P.O. Box 3398
Research Trian-,le Park, North Carolina 27709
Name of Agent, Engineer, Developer(if applicable): Amin Davis
11IACTEC EneineerinL and Consultine, Inc.
3301 Atlantic Avenue
Raleigh, NC 27604
(919)831-8058
Status of Project (check one): ? On-going site work for development purposes
? Development in planning stages
(Type of development: N/A )
® No specific development planned at present
Excavation of less than 1/10-acre for soil
rcmediation
Additional Project Information (Check items submitted - forward as much information as available. At
a minimum, the following first two items must be forwarded):
® Accurate location map (from County map, USGS quad sheet, etc.)
? Survey plat of properties in question
® Aerial photograph (from County Assessors office, or other source; property boundaries
shown on the photo would be most helpful)
® Topographic survey
? Conceptual site plan for overall development
® Routine On-Site Data Forms
® NRCS Soil Survey Sheet(s)
® Approximate Jurisdictional Wetlands/Waters of the U.S. Boundary Map
Site Photobraphs
6? I . ?a?
Signature of Authorized Agent
AKDAVIS
P 007401GLAXCENVWorth RCRA E+CayabonlGSK WetlandsWD GSKtdoC Page I of I
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LO LE68COZ 8LY££881 9
9Z £Z68EOZ 81 LEE68L S
08 Z488EOZ L8'04E68L b
l4 L99%DZ L8 0VS68L E E
WLSBBEOZ 81 SS£68L Z
08'ZY88£OZ BI SS£6BL 1.
rwisej 6u14L+oN wloa
A31M7?V uo4ennr3 Rim mQAWn
71
'ws8``? t
f 4 ?
1 1V6?. 11
1,` ,
? r ? s
w r`
,:. xt s? ?•???:.. 4;, 4YY?_. ;? y?H .? ..._ tr;l?:.' l??i ...1aF ? ? i? ; ? .
L:
ur`\ sr
Scale: l inCli ='/a 1161C
Source: NRCS, 1972
Glaxo Smith Kline
Cornwallis Road Campus
RTP, North Carolina
CrB Creedmoor sandy loam, 2 to 6% slopes.
CrC Creedmoor sandy loam, 6 to 10% slopes.
h <'' Gu Gullied land, clayey materials.
Ur Urban land.
WsB White Store sandy loam, 2 to 6% slopes.
WsC White Store sandy loam, 6 to 10% slopes.
WsE White Store sandy loam, 10 to 25% slopes.
Prepared by / Date:
Checked by / Date:
A MA CTEC
Durham County Soil Survey
Project 30720-1-4602 Fi ure 4
property
boundary
Scale: 1 inch= 100 feet, approximately
Source: USGS, 2002
Glaxo Smith Kline
Cornwallis Road Campus
RTP, North Carolina
potential
wetland
(<0.25-acre)
00 25 m
0' 'Z5 yd
approximate
area of soil
excavation
I
non-
jurisdictional
erosion
channel
M
Prepared / Date:
Checked / Date:
2002 Aerial Photograph
30720-1-4602
5
Photo 1: Erosion channel immediately downstream of culvert
Photo 2: Downstream portion of erosion channel facing upstream
right-of-way
Photo 4: Potential Wetland area facing west
Photo 5: Wetland area in North/South right-of-way facing south
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project/Site:
Applicant / Owner:
Investigator: ?? S4
5?
Do normal circumstances exist on the site? Yes No
Is the site significantly disturbed (Atypical situation)? Yes No
Is the area a potential problem area? Yes No
(explain on reverse if needed)
Date 1
County:
State: N C _
Community
Transect ID:
Plot ID: -?
V L-_
minlnt Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
r 9.
2.
10.
3. M6rnc.rn?t?r?s
? 4- 11.
`?.?
;A??
4, ?I? 1?5 fAcvJ 12.
``
C n ?I C'?7
5. 13.
6. 1,D61T f? 4-t ON 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-).
Remarks:
. wr%mrlr nf%-V
Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
_
_ Stream, Lake, or Tide Gauge
Aerial Photographs
Primary Indicators:
_
Other
- V Inundated
Saturated in Upper 12"
No Recorded Data Available - Water Marks
_ Drift Lines
Sediment Deposits
Field Observations: Drainage Patterns in Wetlands
Depth of Surface Water: (in.) Secondary Indicators:
"
i Oxidized Roots Channels in Upper 12
Water-Stained Leaves
t:
Depth to Free Water in P
0 - Local Soil Survey Data
FAC-Neutral Test
(in.)
Depth to Saturated Soil: -
- Other (Explain in Remarks)
Remarks: rit 3tt'c ,rn AA,,,, v-o :c, L -t x,-,
0116jrr,?y?;?, ?,7?Ls't? LC1S? O?'?
SOILS
Map Unit Name
- ( 'A SDrainage Class: F?\0vt-A;
1 ;'(;I
?''`I ?l 1en t ,
C}
-
(Series and Phase) r
V
1
\'
Taxonomy (Subgroup): Ver? ? Confirm Mapped Type? Yes_ No
Profile Description:
Depth Texture, Concretions,
Matrix Colors Mottle Colors Mottle
unsell Moistl (Munsell Molsti Abundance/Contrast Structure, etc.
inches Horizon
? L
?
- Lf I I`I
?
.
r,.`? ,r tier L?;
Hydric Soil Indicators:
_ Histosoi _ Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor Organic Streaking In Sandy Soils
X Aquic Moisture Regime Listed On Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes
No Is the Sampling Point
No Within a Wetland? Yes-L No_
No
Remarks:
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site:
Applicant/ Owner: , tY
Investigator: A Dnv
? -a c?
Date: OA I 1 I ?l
V ?i?t County: TL,r6,nrr
State:r•tC-
Community ID: I' -0 )
TransectID:
Plot ID•
Do normal circumstances exist on the site? Yes No
Is the site significantly disturbed (Atypical situation)? Yes No
Yes No
Is the area a potential problem area?
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator
2. Pi (1 li - n i? rl CX
4.
5.
6.
7.
a
Dominant Plant Species Stratum indicator
9.
10.
11.
12.
13.
14.
15.
16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-).
Remarks: 1?Cti I-Net ?!tCU? f?lc?l, c
HYDROLOGY
_ Recorded Data (Describe In Remarks):
_ Stream, Lake, or Tide Gauge
_ Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
Remarks:
Wetland Hydrology Indicators
Primary Indicators:
_ Inundated
Saturated in Upper 12"
_ Water Marks
_ Drift Lines
_ Sediment Deposits
- Drainage Patterns in Wetlands
(in.) Secondary Indicators:
Oxidized Roots Channels in Upper 12"
Water-Stained Leaves
_ Local Soil Survey Data
(in.) FAC-Neutral Test
_ Other (Explain in Remarks)
SOILS
Map Unit Name
1C 'Ante
"
i?
U ' t rainage Class: ( i'K 111 ????/ '? ?,-
R` l
111
tl
?,?
(Series and Phase): -
-
Taxonomy (Subgroup): ye-r1\i? Confirm Mapped Type? Yes_ No
Profile Desc iotlon:
Depth Matrix Colors
M unsell moist) Texture, Concretions,
Mottle Colors Mottle
(Munsell Moist) Abundance/Contrast Structure, etc.
inches Horizon (
L
Hydric Soil Indicators:
_ Histosol _ Concretions
High Organic Content in Surface Layer in Sandy Soils
_ Histic Epipedon
Sulfidic Odor _
Organic Streaking in Sandy Soils
_
Aquic Moisture Regime Listed On Local Hydric Soils List
Listed on National Hydric Soils List
_ Reducing Conditions
-Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No Is the Sampling Point
No Within a Wetland? Yes_. No-.,/-
Y
Wetland Hydrology Present? es
Hydric Soils Present? Yes No
Remarks:
CHECK NO: 399729
DATE July 7, 2005 VENDOR NAME NCDENR
PAGE: REORDER'. CNECKSEAL(888) 624-5786
VENDOR NO 35643
INVOICE NO.
INVOICE DATE DESCRIPTION
VO it
NET AMOUNT
CKREQ07100 07-JUL-05 RAL PCN 18 APPLICATION FEE 411390
0 1 200.00
5 9
I
PLEASE DETACH AND RETAIN THIS STATEMENT AS YOUR RECORD OF PAYMENT. $ 200.00
a Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
0 Print your name and address on the reverse
so that we can return the card to you.
® Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
G1axoSmithKline
Post Office Box 3398
Research Triangle Park, NC 27701
DWQ# 04-1592 - Durham
A. Signature
X c^ J ? Agent
yy1 A? Addressee
B. Received by (Printed Name) C. Date of Delivery
D. Is delivery address different from item 17 ? Yes
If YES, enter delivery address below: ? No
3. Service Type
ACertified Mail ? Express Mail
? Registered q Return Receipt for Merchandise
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4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7004 1160 0002 2706 6769
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt
UNITED STATES POSTAL SERVICE
Postage 8 Fees Paid
LISPS
• Sender: Please print your name, address, and ZIP+4 in this First- box •
Class Mail
Perrrr:t No. G-10
NC DENR Division of Water Quality
401 Oversight Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604