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HomeMy WebLinkAbout20070173 Ver 3_Approval Letter_20160426Water Resources ENVIRONMENTAL QUALITY April 26, 2016 Novo Nordisk Pharmaceutical Industries, Inc. Attn: Mr. Gary Lohr 3612 Powhatan Road Clayton, NC 27527 NC Department of Transportation (Division 4) Attn: Mr. Timothy Little P0Box 3165 Wilson, NC 27895 PAT MCCRORY Governor Secretarn S. JAY ZIMMERMAN Director DWR # 07-0173 v3 Johnston County Subject: Approval of Individual 401 Water Quality Certification, Isolated and Other Non -404 Jurisdictional Wetlands and Waters Permit, and Neuse Riparian Buffer Impacts with Additional Conditions Novo Nordisk— Bright Sky Project Facility Expansion & NCDOT Gordon Road Access USACE Action ID. No. SAW -2015-02127 Dear Mr. Lohr: Attached hereto is a copy of Certification No. 4051 and Permit IWP000005 issued to Mr. Gary Lohr, Novo Nordisk Pharmaceutical Industries, Inc. and North Carolina Department of Transportation (NCDOT), dated April 26, 2016. This Certification/Permit replaces the Certification issued on March 3, 2016 and Permit issued on April 5, 2016. The applicant requested modification of the certification and permit to change the mitigation plan to purchase credits from a private mitigation bank and the certification to allow 0.14 acre of additional jurisdictional wetland impacts for the interior roadway network based on final roadway design. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http 1www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center ; Raleigh, North Carolina 27699-1617 919 807 6300 Novo Nordisk Pharmaceutical Industries, Inc. DWR# 07-0173 v3 Individual Certification #4051 & IWP000005 Page 2 of 9 and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification/Permit shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act, 15A NCAC 02H .0500, 15A NCAC 02H .1300 and 15A NCAC 02B .0233. Contact me at 919-807- 6360 or karen.higgins@ncdenr.gov or Jennifer Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions or concerns. Sincerely, !'' Karen Higgins, Superviso 401 & Buffer Permitting Branch cc: Beth Reed, Kimley-Horn and Associates, Inc., P 0 Box 33068, Raleigh, NC 27636 USACE Raleigh Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DWR RRO 401 file DWR 401 & Buffer Permitting Branch file Filename: 070173v3NovoNordiskBrightSkyProject(Johnston)_401_IWP_N RB_IC.docx Novo Nordisk Pharmaceutical Industries, Inc. DWR# 07-0173 v3 Individual Certification #4051 & IWP000005 Page 3 of 9 JURISDICTIONAL WETLANDS AND WATERS PERMIT CERTIFICATION #4051 and PERMIT#IWP000005 are issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC 02H .0500, 15A NCAC 02H .1300 and 15A NCAC 02B .0200, to Mr. Gary Lohr, Novo Nordisk Pharmaceutical Industries, Inc., and NCDOT who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on December 22, 2015; subsequent information on February 4, 2016, March 1, 2016 and March 3, 2016; by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on January 6, 2016, by Public Notice issued by the Division on March 4, 2016 and modification request received by the Division on April 12, 2016. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved provided that all of the conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and (c), 15A NCAC 02B .1300(d) and 15A NCAC 02B .0233(8)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands Site 21— WE 1.15 (acres) 0 (acres) Site 31— WB 1.07 (acres) 0 (acres) Site 41— WB 0.12 (acres) 0 (acres) Site 51— WA 0.11 (acres) 0 (acres) Site 62 — WA 0.50 (acres) 0 (acres) Site 7'— WA 0.02 (acres) 0 (acres) Site 8'— WD 2.41 (acres) 0 (acres) Site 92 —WD 0.012 (acres) 0 (acres) Novo Nordisk Pharmaceutical Industries, Inc. DWR# 07-0173 v3 Individual Certification #4051 & IWP000005 Page 4 of 9 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Site 10' — WJ 0.09 (acres) 0 (acres) Novo Nordisk Total 2.45 (acres) 0 (acres) Gordon Road Access Total 3.01 (acres) 0 (acres) Isolated Wetlands Site 1— WG' 2.18 (acre) 0 (acre) Stream Site 92 188 (linear feet) 0 (linear feet) Buffers—Zone 1 Site 92 11,570 (square feet) 0 (square feet) Buffers—Zone 2 Site 92 7,756 (square feet) 0 (square feet) Novo Nordisk Impacts Gordon Road Access Impacts 2. Compensatory Mitigation for Novo Nordisk Site Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from Neu -Con Wetland & Stream Umbrella Mitigation Bank to meet this mitigation requirement using the Howell Woods and Arrington Bridge III Sites. Until the Neu -Con Wetland & Stream Umbrella Mitigation Bank receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the Neu -Con Wetland & Stream Umbrella Mitigation Bank to meet the following compensatory mitigation requirement. [15A NCAC 02B .0506(h)]; 15A NCAC 02B .1305(d)(6); S. L. 2015-286, Section 4.18 (d); and 15A NCAC 02B .0233(10)] 1 Mitigation requirements for impacts to isolated wetlands only apply to the amount of impact that exceeds the mitigation threshold of 1 acre of isolated wetlands in the coastal region. Compensatory River and Sub -basin Mitigation Required Number 404/401 Wetlands 2.45 (acres) Neuse 03020201 Isolated Wetlands 1.181 (acres) Neuse 03020201 1 Mitigation requirements for impacts to isolated wetlands only apply to the amount of impact that exceeds the mitigation threshold of 1 acre of isolated wetlands in the coastal region. Novo Nordisk Pharmaceutical Industries, Inc. DWR# 07-0173 v3 Individual Certification #4051 & IWP000005 Page 5 of 9 Stormwater Management Plan for Novo Nordisk Site You are required to provide one copy of the approved SMP for the Novo Nordisk site, including plan details on full-sized plan sheets, with proof of Johnston County's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Branch (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification for the Novo Nordisk site occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from Johnston County. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Branch prior to the commencement of the modifications. [15A NCAC 02B. .0506(c)(5) and 15A NCAC 02B. .1300(d)(5)] 4. Final Design for Gordon Road Access You are required to provide three copies of the final design plans and request a modification of the 401 Water Quality Certification if impact quantities are revised before any impacts authorized in this certification for the Gordon Road Access occur. 5. Compensatory Mitigation Plan for Gordon Road Access Mitigation must be provided for the proposed impacts as specified in the table below. A final compensatory mitigation plan must be approved in writing by the Division before any of the impacts approved herein for the Gordon Road Access are conducted. [15A NCAC 02H .0506 (b)(6)] Stormwater Management Plan for Gordon Road Access A final, written stormwater management plan for the Gordon Road Access shall be submitted to the DWR 401 & Buffer Permitting Branch (1617 Mail Service Center, Raleigh, NC 27699- 1617). The stormwater management plan shall be designed in compliance with NCDOT's Individual NPDES permit NCS00250. The stormwater management plan shall be approved by the Transportation Permitting Branch of the Division before any land disturbance associated with the Gordon Road Access may occur. [15A NCAC 02H .0506(b)(5) and 15A NCAC 02H .1301 and .1302] 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 for this project. All construction activities, including the design, installation, operation, and Compensatory Credit Mitigation Required Stream 188 (feet) 404/401 Wetlands 3.01 (acres) Buffers 50,221 (square feet) Stormwater Management Plan for Gordon Road Access A final, written stormwater management plan for the Gordon Road Access shall be submitted to the DWR 401 & Buffer Permitting Branch (1617 Mail Service Center, Raleigh, NC 27699- 1617). The stormwater management plan shall be designed in compliance with NCDOT's Individual NPDES permit NCS00250. The stormwater management plan shall be approved by the Transportation Permitting Branch of the Division before any land disturbance associated with the Gordon Road Access may occur. [15A NCAC 02H .0506(b)(5) and 15A NCAC 02H .1301 and .1302] 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 for this project. All construction activities, including the design, installation, operation, and Novo Nordisk Pharmaceutical Industries, Inc. DWR# 07-0173 v3 Individual Certification #4051 & IWP000005 Page 6 of 9 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. [15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .1305(d)(3)] 8. Sediment and Erosion Control 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. If applicable, the project must comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02H .1305(d)(3)]: a. 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. b. 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. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 9. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .1301 and .1302] 10. Construction Stormwater Permit NCGO10000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project Novo Nordisk Pharmaceutical Industries, Inc. DWR# 07-0173 v3 Individual Certification #4051 & IWP000005 Page 7 of 9 is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at: http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. 15A NCAC 02H .0506(b)(5) and (c)(5) and 15A NCAC 02H .1305(4)(5)] 11. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02H .1305(d)(3)] 12. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200] 13. Placement of Culverts and Other Structures in Waters and Wetlands 115A NCAC 02H .0506(b)(2) and (c)(2) and 15A NCAC 02H .1305(d)(4)] Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered and to allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams must be below the elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Additionally, when roadways, causeways, or other fill projects are constructed across FEMA -designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. Novo Nordisk Pharmaceutical Industries, Inc. DWR# 07-0173 v3 Individual Certification #4051 & IWP000005 Page 8 of 9 14. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)] 15. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] 16. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. [15A NCAC 02B .0233(6) and 15A NCAC 02B .0231] 17. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 18. Continuing Compliance Mr. Gary Lohr, Novo Nordisk Pharmaceutical Industries, Inc. and the NCDOT shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. [15A NCAC 02B .0200] If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Gary Lohr, Novo Nordisk Pharmaceutical Industries, Inc., NCDOT and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and 15A NCAC 02H .1303 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504 and 15A NCAC 02H .1304. Any new or revised conditions shall be provided to Mr. Gary Lohr, Novo Nordisk Pharmaceutical Industries, Inc. and NCDOT in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 19. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Novo Nordisk Pharmaceutical Industries, Inc. DWR# 07-0173 v3 Individual Certification #4051 & IWP000005 Page 9 of 9 Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .1301 and .1302] 20. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion (available at: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0502(f) and 15A NCAC 02H .1302(f)] 21. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e) and 15A NCAC 02H .1302(e)] 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. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2), 15A NCAC 02H .0506,15A NCAC 02H .1304(c)(2) and 15A NCAC 02H .1305] Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. This the 26th day of April 2016 Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/jab 4051 & I W P000005