20150645 Ver 2_PUBLIC NOTICE - SAW-2015-00471-PN_20221031

US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: October 31, 2022
Comment Deadline: November 30, 2022
Corps Action ID Number: SAW-2015-00471
The Wilmington District, Corps of Engineers (Corps) received an application on October
18, 2022, from Novo Nordisk Pharmaceutical Industries, LP seeking Department of the
Army authorization to permanently impact 1,642 linear feet (If) of stream channel (0.23
acre (ac)) and 0.83 ac of wetlands, associated with the expansion of production,
packaging, and warehousing at their existing facility, east of Clayton, in Johnston
County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant: Chad Henry, Corporate Vice President
Novo Nordisk Pharmaceutical Industries, LP
3612 Powhatan Rd
Clayton, NC 27527
AGENT (if applicable): Chris Huysman
Wetlands & Waters, Inc.
328 East Broad Street, Suite D
Statesville, NC 28677
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
Version 10.03.2022
Page 1

Location of Novo Nordisk Project
Location
Location Description:
Project Area (acres): -53 Nearest Town: Clayton
Nearest Waterway: UT Neuse River River Basin: Neuse River
Latitude and Longitude: 35.618972N,-78.408763W
Existing Site Conditions
The proposed project site is characterized by existing industrial development, parking,
fields, forested areas, and riparian and aquatic habitat. Land use is primarily active
industrial land with supporting infrastructure such as stormwater Best Management
Practices (BMPs), parking fields, and laydown yards. Natural areas are comprised of
mixed mesic forest, riparian buffers, and open fields. Mesic forests are comprised of
pines, softwoods, and hardwoods including Loblolly Pine (Pinus taeda), White and Red
Oaks (Quercus spp.), Sweet Gum (Liquidambarstryaciflua) and Tulip Poplar
(Liriodendron tulipifera). The site topography is generally rolling hills, with two natural
valleys: one along the northern boundary and the other within the central portion of the
site. The site is underlain by several soil map units, including Varina loam, Pacolet
loam, Gilead sandy loam, Cowarts loamy sand, Faceville sandy loam, Uchee sandy
Version 10.03.2022 Page 2

loam, and Goldsboro sandy loam. An unnamed tributary to the Neuse River forms the
northern boundary of the site and another unnamed tributary bisects the site, which are
the primary receiving waters of the proposed project site.
Other on -site riparian and aquatic communities include streams and wetlands. A site
visit was conducted on February 8, 2022, to review the boundaries of potentially
jurisdictional streams and wetlands on the project property. The site contains 3,642 If
(0.409 ac) of stream, 0.83 ac of wetlands, and 0.59 ac of open water. A Best Usage
Classification (BUC) is assigned to waters of North Carolina based on the existing or
contemplated best usage of various bodies of water. Streams on -site have no individual
BUC assigned, but flow to the Neuse River which has a BUC of WS-IV; NSW. The
classification WS-IV designates the Neuse River as a Water Supply IV water. The
supplemental classification NSW designates Nutrient Sensitive Waters which require
limitations on nutrient inputs. The wetlands on -site are generally classified as headwater
forest according to the North Carolina Wetland Assessment Method (NCWAM).
Applicant's Stated Purpose
The applicant has stated that the basic purpose of the proposed project is to expand
production, packaging, and warehousing facilities at their longest -standing injectable
finished products facility in the United States (US) to meet current and future demand
Version 10.03.2022 Page 3

for the production of insulin and other pharmaceutical products while ensuring stock of
both in -process and final product are maintained for their life-saving medicines.
Project Description
Construction of the proposed project would require permanent and temporary impacts
to Waters of the US, including wetlands, to establish access to high -ground developable
area, to grade and balance the site to facilitate the construction of the proposed
production facilities, fields and access roads that meet safety standards. The proposed
facilities would add 2,283 new shift workers and professional positions at the
facility. The maximum work force at the Clayton facility would increase to 1,277
employees on the campus at peak production hours based on corporate projections.
The proposed project would impact 1,642 linear feet (0.23 ac) of stream channel
associated with tributaries 2 and 3 as depicted on the site construction plans.
Additionally, the site development proposes impacts to 0.83 acre of vegetated wetlands
associated with tributaries 2 and 3.
I
�r 1
sip .1... [- '[�i:4�Z= , _
•
• FK Si'4.2-OOr1=Arr., _ ♦_cif ��(
1Kri11,7,11 V.AVR [ , • rpr
-,,• A roR
:err CQ4WCc I• •/ r,+ ..
r
MO PORNO
t \% '
:!— melrta+z +�
`'lade.
AL.:la as
.00 ro
Version 10.03.2022
Page 4

Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: The project would impact the entire
central drainage feature to construct the above -described facilities, additional parking,
and additional materials storage sites. The additional materials storage facilities are
beneficial to mitigate any future supply chain complications. This layout creates
separate pathways for personnel, finished products, and waste. The preferred layout
provides for additional facilities and parking for future expansion by removing all
obstacles to accommodate projected product needs and facilities growth over the next
10 years. The site plan avoids approximately 2,000 If (0.229 acre) of stream and
associated Neuse River Riparian Buffers along the northern property line.
The applicant has minimized direct impacts to the stream on the northern property line.
Tributary 1, totaling approximately 2,000 If, would be avoided during the expansion
contemplated at this time. Indirect impacts to surface waters would be minimized
through a stormwater management program. Stormwater outlets would be located as
high as practicable in the receiving streams as practicable and the pre- and post -
drainage areas would be modeled to have the least environmentally damaging effect.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The applicant would compensate for
unavoidable losses with compensatory mitigation. The applicant proposes to
compensate for 1,642 If of permanent streambed loss due to construction at a 2:1
mitigation ratio, and 0.83 acre of riparian wetland loss of forested wetlands at a 2:1
mitigation ratio.
Specifically, stream mitigation credits would be satisfied through purchasing credits from
Restoration System's Milburnie Dam Mitigation Bank and wetlands mitigation credits
would be satisfied at Wildlands Holding's Falling Creek Umbrella Mitigation Bank.
Mitigation needs that are not met by commercial providers would be satisfied through
the Division of Mitigation Services.
The project proponent proposes to complete the mitigation payment within 90 days of
the permit issuance.
Essential Fish Habitat
The Corps' determination is that the proposed project may adversely affect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
❑ This notice initiates the Essential Fish Habitat (EFH) consultation requirements of
the Magnuson -Stevens Fishery Conservation and Management Act.
Version 10.03.2022 Page 5

7
Implementation of the proposed project would impact (CHOOSE ALL THAT
APPLY- marine substrate, estuarine substrate, water columns, emergent
wetlands, submerged aquatic vegetation, artificial reefs, hardbottoms) (see
project description) utilized by various life stages of the following species:
(CHOOSE ALL THAT APPLY — coastal migratory pelagics, corals, golden crab,
shrimp, snapper grouper, spiny lobster, Atlantic highly migratory species). Our
initial determination is that the proposed action would not have a substantial
individual or cumulative adverse impact on EFH or fisheries managed by Fishery
Management Councils and the National Marine Fisheries Service (NMFS). Our
final determination relative to project impacts and the need for mitigation
measures is subject to review by and coordination with the NMFS.
The Corps will consult under the Magnuson -Stevens Act and will not make a
permit decision until the consultation process is complete.
❑ The Corps has initiated consultation the Magnuson -Stevens Act and will not
make a permit decision until the consultation process is complete.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C
of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix
C, the District Engineer consulted district files and records and the latest published
version of the National Register of Historic Places and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps' permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
7
No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; moreover, the undertaking may have an
Version 10.03.2022 Page 6

adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to identify
and assess any historic or prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps-indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
❑ The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
7
The Corps determines that the proposed project
may affect, not likely to adversely affect federally listed endangered or threatened
species or their formally designated critical habitat.
7
By copy of this public notice, the Corps initiates consultation under Section 7
of the ESA and will not make a permit decision until the consultation process is
complete.
❑ The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
❑ The Corps has initiated consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
❑ The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
Consultation has been completed for this type of activity and the effects of the
proposed activity have been evaluated and/or authorized by the National Marine
Fisheries Service (NMFS) in the South Atlantic Regional Biological Opinion or its
associated documents, including 7(a)(2) & 7(d) analyses and Critical Habitat
assessments. A copy of this public notice will be sent to the NMFS.
Version 10.03.2022 Page 7

7
The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the
appropriate State agencies for review.
North Carolina Division of Water Resources (NCDWR):
The applicant did not provide or satisfy all the elements required for a complete
401 certification request. Therefore, the 401 Certification process has not
started. The Corps will generally not make a final permit decision until the
NCDWR issues, denies, or waives the state Certification as required by Section
401 of the Clean Water Act (PL 92-500).
❑ The Corps will generally not make a final permit decision until the NCDWR
issues, denies, or waives the state Certification as required by Section 401 of
the Clean Water Act (PL 92-500). The receipt of the application and this public
notice at the NCDWR Central Office in Raleigh constitutes initial receipt of an
application for a 401 Certification. Unless NCDWR is granted a time review
extension, a waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within 120 days of the date of this public notice.
Additional information regarding the 401 Certification may be reviewed at the
NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
Street, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for a 401 Certification should do so, in
writing, by to:
NCDWR Central Office
Attention: Mr. Paul Wojowski, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-
1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
Version 10.03.2022 Page 8

North Carolina Division of Coastal Management (NCDCM):
❑ The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the proposed
work until the applicant submits such a certification to the Corps and the
NCDCM, and the NCDCM notifies the Corps that it concurs with the applicant's
consistency certification. As the application did not include the consistency
certification, the Corps will request, upon receipt„ concurrence or objection from
the NCDCM.
7
Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management
(CZM) Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative
effects thereof; among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, historic properties, fish and wildlife values, flood
hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation,
water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare of the
people. For activities involving the discharge of dredged or fill materials in waters of the
United States, the evaluation of the impact of the activity on the public interest will
include application of the Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and
evaluate the impacts of this proposed activity. Any comments received will be
considered by the Corps of Engineers to determine whether to issue, modify, condition,
or deny a permit for this proposal. To make this decision, comments are used to assess
impacts on endangered species, historic properties, water quality, general
environmental effects and the other public interest factors listed above. Comments are
used in the preparation of an Environmental Assessment (EA) and/or an Environmental
Version 10.03.2022 Page 9

Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing will be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, November 30, 2022. Comments
should be submitted to Christopher Hopper, Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 , Wake Forest, North Carolina 27587, at (919)
554-4884 (ext. 35). Comments may also be submitted to
[e-mail]
Version 10.03.2022 Page 10