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Home My WebLink About20150465 Ver 1_Approval Letter_20150817AF."A ,747A OQ= AMOMMM NCDENR North Cambria Department of Environment and NaW4 Resources Pat McCrory Governor August 17, 2015 Attn: Mr. Palle Thorsen 3612 Powhatan Road Clayton, NC 27527 Donald R, van der Vaart Secretary Subject: Authorization of Neuse River Riparian Buffer Protection Rules Major Variance [15A NCAC 02B.0233(9)(c)] with Additional Conditions Novo Nordisk Perimeter Roadway Bridge Dear Mr. Thorsen: You have our approval for the impacts listed below for the purpose described in your application dated May 8, 2015 received by the Division of Water Resources (Division) on May 11, 2015 and subsequent information provided on July 7, 2015. This letter shall serve as your Major Variance approval with conditions as authorized in 15A NCAC 02B .0233 (9)(c)(ii). This letter only addresses the major variance from the buffer rules and does not approve any activity within Waters of the United States or Waters of the State. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. 1. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary MEEN=_ Buffers — Zone 1 3126 (square feet) 2483 (square feet) Buffers — Zone 2 2270 (square feet) 2320 (square feet) Division of Water Resources — 401 & Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Locafiw 512 N. Salisbury St, Raleigh,, North Carolina 27604 Phone: 919 -507 - 630019 AX: 919-807-6494 Internet: www.ncwaterquality.org An Equal Opportumly � Affirmative Action Employer -- Made in part by recycled paper K« «. M Site 2 — Truck Dock Buffers —Zone 1 Buffers —Zone 2 Site 3 - Fence Buffers —Zone 1 Buffers —Zone 2 Novo Nordisk Pharmaceuticals, Inc. DWR # 15-0465 Amount Approved Amount Approv-"" (units) (units) Permanent Temporary 2396 (square feet) 1313 (square feet) 1070 (square feet) 864 (square feet) 600 (square feet) 0 (square feet) 400 (square feet) 0 (square feet) 2. No additional impacts other than exempt uses as identified within 15A NCAC 02B.0233 shall occur within the protected riparian buffer unless approved by the Division. 3. Mitigation Plan Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the EBX Neuse Riparian Buffer Umbrella Mitigation Bank, EBX-EM Forrest Creek Riparian Buffer Mitigation Bank or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank to meet this mitigation requirement. Until the EBX Neuse Riparian Buffer Umbrella Mitigation Bank, EBX-EM Forrest Creek Riparian Buffer Mitigation Bank or EBX Upper Neuse Riparian Buffer 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 EBX Neuse Riparian Buffer Umbrella Mitigation Bank, EBX-EM Forrest Creek Riparian Buffer Mitigation Bank or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC 02B.0233 (9)(c)(ii)]: Compensatory Mitigation River and Sub-basin Required Number Buffers 8,793 (square feet) Neuse 03020201 4. Stormwater Management Plan You are required to provide one copy of the approved SMP, 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 Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written Novo Nordisk Pharmaceuticals, Inc. DWR # 15-0465 Major Variance Approval Page 3 of 5 tuthorization from Johnston County. If the SMP is modified in the future, then you shall *rovide one modified SMP with proof • approval to the DWR 401 & Buffer Permitting Unit 'trior to the commencement • the modifications. [15A NCAC 02B .0233 (9)(c)(ii)] I- 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 • the North Carolina Sediment and Erosion Control Planning and Design Manual. L The design, installation, operation, and maintenance • 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. 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. 8. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B . 0233, 9. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference and are an enforceable part this Approval. If you change your project, you must notify the Division and you may be • Novo Nordisk Pharmaceuticals, Inc. DWR # 15-0465 Major Variance Approval Page 4 of 5 ME= I1014�1 111111,411 10. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion (available at: http:Hportal.ncdenr,org/web/wq/swp/ws/401/certsandpermits/apply/forms). 11. This approval 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. This approval and its conditions are final and binding unless contested. This Buffer Authorization 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:�//www.iicoah,co�'ti/" or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and l0 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 FedEx, Office • Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 116T Mr.- Novo Nordisk Pharmaceuticals, Inc. OVVR#l5-0469 Major Variance Approval Page 5ofS Sam M. Hayes, General Counsel 1601 Mail Service Center This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 2B .0233. Please contact Jennifer Burdette at 919-807-6364 or ip.n�i�fer.bur-dette@ncde�'ir.F,gy or if you have any questions or concerns. �OJ3J " Y -,\ 1-1�1-�"%-AIVY--- Karen Higgins, SUpervisor 401 & Buffer Permitting Unit cc: DWR RRO 401 file DWR 401 & Buffer Permitting Unit file