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HomeMy WebLinkAbout20070173 Ver 5_NCDWR Isolated Wetland Permit_20200819WaterResources ENVIRONMENTAL QUALITY April 5, 2016 Novo Nordisk Pharmaceutical Industries, Inc. Attn: Mr. Gary Lohr 3612 Powhatan Road Clayton, NC 27527 PAT MCCRORY Governor DONALD R. VAN DER VAART Secrelany S. JAY ZIMMERMAN Director DWR # 07-0173 v2 Johnston County Subject: Approval of Individual Isolated and Other Non-404Jurisdictional Wetlands and Waters Permit with Additional Conditions Novo Nordisk — Bright Sky Project Facility Expansion USACE Action ID. No. SAW-2015-02127 Dear Mr. Lohr: Attached hereto is a copy of Permit No. IWP000005 issued to Mr. Gary Lohr and Novo Nordisk Pharmaceutical Industries, Inc., dated April 5, 2016. This permit is required for the project in addition to Individual Water Quality Certification #4051 and Neuse Buffer Authorization issued for the project on March 3, 2016. 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 Permit 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 thirty (30) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ 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 5:00pm, 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. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Novo Nordisk Pharmaceutical Industries, Inc. DWR# 07-0173 v2 Individual Permit #IWP000005 Page 2 of 7 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 Permit shall be final and binding. This Permit completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .1300. 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 Sincerely, (L � cf� Karen Higgins, Supervisor 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: 070173v2Novo Nord iskBrightSkyProject(Johnston)_IWP_IC.docx Novo Nordisk Pharmaceutical Industries, Inc. DWR# 07-0173 v2 Individual Permit #IWP000005 Page 3 of 7 NORTH CAROLINA 401 WATER QUALITY PERMIT PERMIT#IWP000005 is issued in conformity with the requirements of Public Laws 92-500 and 95- 217 of the United States and subject to North Carolina's Regulations in 15A NCAC 02H .1300, to Mr. Gary Lohr and Novo Nordisk Pharmaceutical Industries, Inc., 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, March 3, 2016 and April 1, 2016, and by Public Notice issued by the Division on March 4, 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 Permit below. Conditions of Permit: Impacts Approved The following impacts are hereby approved provided that all of the conditions of the Permit are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .1300(d) Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary Site 1— WG 2.18 (acre) 0 (acre) Isolated Wetlands Compensatory Mitigation Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Division of Mitigation Services (DIMS) to meet this mitigation requirement. Until the DMS 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 DIMS to meet the following compensatory mitigation requirement. [15A NCAC 02B .1305(d)(6) and S. L. 2015-286, Section 4.18.(d)] Novo Nordisk Pharmaceutical Industries, Inc. DWR# 07-0173 v2 Individual Permit #IWP000005 Page 4 of 7 Compensatory River and Sub -basin Mitigation Required Number Wetlands 1.18' (acres) Neuse 03020201 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. Stormwater Management Plan 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..1300(d)(5)] 4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification for this project. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. [15A NCAC 02H .1301 and .1302] 5. 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 .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. Novo Nordisk Pharmaceutical Industries, Inc. DWR# 07-0173 v2 Individual Permit #IWP000005 Page 5 of 7 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. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 6. 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 .1301 and .1302] 7. Construction Stormwater Permit NCG010000 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 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 .1305(d)(5)] 8. Work in the D 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 .1305(d)(3)] 9. 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] Novo Nordisk Pharmaceutical Industries, Inc. DW R# 07-0173 v2 Individual Permit #IWP000005 Page 6 of 7 10. Placement of Culverts and Other Structures in Waters and Wetlands [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. 11. 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 .0200] 12. This Permit does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 13. Continuing Compliance Mr. Gary Lohr and Novo Nordisk Pharmaceutical Industries, Inc. 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 Permit. Before modifying the Permit, the Division shall notify Mr. Gary Lohr and Novo Nordisk Pharmaceutical Industries, Inc., provide public notice in accordance with 15A NCAC 02H .1303 and provide opportunity for public hearing in accordance with 15A NCAC 02H .1304. Any new or revised conditions shall be provided to Mr. Gary Lohr and Novo Nordisk Pharmaceutical Industries, Inc. in writing. [15A NCAC 02H .1304(c)(2)] Novo Nordisk Pharmaceutical Industries, Inc. DWR# 07-0173 v2 Individual Permit #IWP000005 Page 7 of 7 14. 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 Permit. 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 Permit and is responsible for complying with all conditions. Any new owner must notify the Division and request the Permit be issued in their name. [15A NCAC 02H .1301 and .1302] 15. 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 .1302(f)] 16. This Permit grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours. [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 5 years from the date of this 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 Permit. [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 Permit and may also result in criminal and/or civil penalties. This the 5th day of April 2016 i �j Karen Higgins, Supervisor G 401 & Buffer Permitting Branch KAH/jab IWP000005