20041660 Ver 1_Approval Letter_20041206

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0? W A 7'FR Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P. E. Director
"I Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 6, 2004
(Replaces Approval Issued on November 29, 2004)
DWQ Project No. 04-1660
Johnston County
Page 1 of 3
Novo Nordisk
Attn: Bill Guthrie
3612 Powhatan Road
Clayton, NC 27520-9217
Subject Property: Novo Nordisk Facilities Expansion, Powhatan Road (SR1901), Clayton, NC
Unnamed Tributary to Neuse River [03-04-02, 27-(38.5), WS-IV NSW]
MAJOR VARIANCE APPROVAL per the NEUSE RIVER BUFFER RULE [15A NCAC 2B.0233(9)] and
APPROVAL of the 401 WATER QUALITY CERTIFICATION w/ ADDITIONAL CONDITIONS
Dear Mr. Guthrie:
On October 13, 2004, the Water Quality Committee (WQC) of the N.C. Environmental Management Commission (EMC)
decided to approve your Major Variance with the following conditions. This letter shall act as your Major Variance
approval as decided by the WQC and described within 15A NCAC 02B .0233(9)(c). In addition, you should obtain or
otherwise comply with any other required federal, state or local regulations before you proceed with your project
including (but not limited to) U.S. Army Corps of Engineers 404 Permits, Erosion and Sediment Control and Non-
Discharge regulations.
In addition, this letter shall act as your approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 229 feet of perennial stream and 30,191 square feet (ft2) of protected riparian buffers
for the purpose of expanding the existing Novo Nordisk facility at the subject property, as described within your
application dated October 13, 2004 and received by the N.C. Division of Water Quality (DWQ) on October 13, 2004.
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) 39 when issued by the US Army
Corps of Engineers (USACE).
This approval is only valid for the purpose and design that you described in your Major Variance request presented to the
WQC on October 13, 2004 and your application dated October 13, 2004 except as modified below. If you change your
project, you must notify us and you may be required to send us a new application and request a new Major Variance
approval through the WQC. If the property is sold, the new owner must be given a copy of this approval and is thereby
responsible for complying with all conditions. This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below. This letter shall replace the approval issued on November 29,
2004.
Conditions:
1. Impacts Approved - The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification and Major Variance approval are met. No other impacts are approved including
incidental impacts:
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
Novo Nordisk
Page 2 of 3
December 6, 2004
Amount Approved
(Units) Plan Location or Reference
Stream 229 (feet) -
Buffers 30,191 (square ft.) -
2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) - Mitigation must be provided for the
proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands
Restoration Fund and Riparian Buffer Restoration Fund administered by the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem
Enhancement Program Office), no impacts specified in this Certification and Major Variance approval shall occur.
The EEP should be contacted at [phone] if you have any questions concerning payment into a restoration
fund. You have one month from the date of this approval to make this payment. For accounting purposes, this
Certification Approval and Major Variance Approval authorizes payment into the Wetlands Restoration Fund and
Riparian Buffer Restoration Fund to meet the following compensatory mitigation requirement:

Compensatory Mitigation Required Fund
Stream 229 (feet) Wetlands Restoration Fund
Buffers 72,651 (square feet) Riparian Buffer Restoration Fund
Written Stormwater Management Plan (No Further Approval Needed) - The final, written stormwater management
plans (including a signed and notarized Operation and Maintenance Agreement) dated October 28, 2004 and approved
by the DWQ under the Express Review Program on November 1, 2004, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is occupied at the subject
site. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in
perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the
Division of Water Quality.
4. Notification of Construction - As required under your November 1, 2004, Stormwater Management Plan Approval,
the applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead
address within 10 days of the commencement of construction.
5. 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.
6. 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
Novo Nordisk
Page 3 of 3
December 6, 2004
Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules
occur.
7. 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.
8. 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 Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are
final and binding unless you ask for a hearing.
If you do not accept any of the conditions of this Major Variance Approval, you may ask for the full EMC to review your
variance request. You must send us a request for this review in writing within 60 days of the date that you receive this
letter. If you do not accept any of the conditions of the full EMC review, you may ask for an adjudicatory hearing. 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 Major Variance Approval
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 the Neuse River Riparian Buffer Protection Rules
(15A NCAC 2B .0233). Please call Bob Zarzecki at [phone] if you have any questions or require copies of our
rules or procedural materials.
ALK/CBKIbz
Attachments: GC 3402
Certificate of Completion
Si ,
lan W. Klimek
Cc: Sean Clark, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
DWQ Raleigh Regional Office
NC Ecosystem Enhancement Program
File Copy
Central Files
DWQ 04-1660
December 6, 2004