20150465 Ver 1_WQC or EMC Recommendation_20150708 (2)

Carolina 4*,A
NCDENR
North Department of ! and Natural Resourcl
Pat McCrory Donald R. van der Vaart
Governor Secretary
Request for a Major Variance from the
Neuse River Riparian Area Protection Rules
Novo Nordisk Pharmaceuticals, Inc.
3612 Powhatan Road
Clayton, NC
July 8, 2015
Novo Nordisk Pharmaceuticals, Inc. has requested the Water Quality Committee (WQC) to grant a
Major Variance from the Neuse Riparian Area Protection Rules (15A NCAC 02B .0233) for a
roadway and loading dock expansion and perimeter fence at their facility located at 3612
Powhatan Road in Clayton, NC. The proposed roadway and loading expansion and perimeter
fence would impact 9,918 square feet of Zone 1 and 6,924 square feet of Zone 2.
Accordingly, pursuant to 15A NCAC 02B .0233 (9)(c), the Division of Water Resources makes the
preliminary finding that the major variance request demonstrates the following:
• Practical difficulties or unnecessary hardships are present;
• The harmony and spirit of buffer protection requirements are met; and
• The protection of water quality and substantial justice has been achieved as required in
15A NCAC 0213 .0233 (9)(a).
15A NCAC 02B .0233 (9)(a)(i) states the following:
"There are practical difficulties or unnecessary hardships that prevent compliance with the strict
letter of the riparian buffer protection requirements. Practical difficulties or unnecessary hardships
shall be evaluated in accordance with the following:
A. If the applicant complies with the provisions of this Rule, he /she can secure no reasonable
return from, nor make reasonable use of, his /her property. Merely proving that the variance
would permit a greater profit from the property shall not be considered adequate
justification for a variance. Moreover, the Division or delegated local authority shall
consider whether the variance is the minimum possible deviation from the terms of this
Rule that shall make reasonable use of the property possible.
B. The hardship results from application of this Rule to the property rather than from other
factors such as deed restrictions or other hardship.
Division of Water Resources — 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -6300 \ FAX: 919 - 807 -6494
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer —Made in part by recycled paper

Novo Nordisk Pharmaceuticals, Inc.
3612 Powhatan Road
Major Variance Request— DWQ Findings of Fact
Page 2 of 3
C. The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, which is different from that of neighboring property.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this Rule.
E. The applicant did not purchase the property after the effective date of this Rule, and then
request an appeal.
F. The hardship is unique to the applicant's property, rather than the result of conditions that
are widespread. If other properties are equally subject to the hardship created in the
restriction, then granting a variance would be a special privilege denied to others, and
would not promote equal justice;"
The Division finds the following:
There are practical difficulties that prevent compliance with the strict letter of the riparian
buffer protection requirements:
A. The applicant would not be able to resolve safety and efficiency issues related to that
could result in a shut -down of the plant, which would have significant medicine -
delivery consequences. The Division believes that the applicant can currently make
reasonable use of their property without additional impacts to the protected riparian
buffer. However, the applicant has limited space to address safety and efficiency issues
that are anticipated to worsen with increasing demands for diabetes fighting medicine.
B. The hardship results from the application of this rule.
C. The hardship is due to the physical nature of the applicant's property. An unnamed
tributary to the Neuse River bisects the existing facility and parking areas.
D. The applicant did not cause the hardship by violating this Rule.
E. The applicant purchased the property on February 25, 1991, which is prior to the
effective date of this Rule.
F. The hardship is unique to the applicant's property in that the existing facility was
constructed between the railroad track and the unnamed tributary prior to the
implementation of this Rule. Any expansion of the pharmaceutical facility would
require impacts to Zone 1 and 2 of the buffer.
15A NCAC 0213 .0233 (9)(a)(0
"The variance is in harmony with the general purpose and intent of the State's riparian buffer
protection requirements and preserves its spirit,"
The Divisions finds the following:
The purpose of the riparian buffer rule is to protect existing riparian buffer areas. Although the
applicant is currently making reasonable use of their property without impacting the riparian
buffer, resolution of safety and efficiency issues is not possible without impacts to the buffer.

Novo Nordisk Pharmaceuticals, Inc.
3612 Powhatan Road
Major Variance Request— DWQ Findings of Fact
Page 3 of 3
The applicant is proposing to purchase 8,793 buffer mitigation credits and has an existing
stormwater management system to treat the stormwater runoff from the proposed roadway and
loading dock expansion.
15A NCAC 0213 .0233 (9)(a)(iii)
"In granting the variance, the public safety and welfare have been assured, water quality has been
protected, and substantial justice has been done."
The Divisions finds the following:
In granting the variance, water quality has been protected and substantial justice has been done.
The applicant is proposing to purchase 8,793 buffer mitigation credits and has an existing
stormwater management system to treat the stormwater runoff from the proposed roadway and
loading dock expansion. This Major Variance as proposed is consistent with past Major Variance
approvals from the Water Quality Committee.
Division of Water Resources' Recommendation:
Based on the information submitted, the Division of Water Resources supports this request for a
Major Variance from the Neuse Riparian Area Protection Rules because practical difficulties or
unnecessary hardships are present; the harmony and spirit of buffer protection requirements are
met; and the protection of water quality and substantial justice has been achieved as required in
15A NCAC 02B .0233 (9)(a) provided the below mentioned conditions or stipulation are required.
If the Water Quality Committee approves this request for a Major Variance from the Neuse
Riparian Area Protection Rules, the Division recommends approval with the following conditions or
stipulations [pursuant to 15A NCAC 02B .0233 (9)(c)(ii)]:
• Mitigation
The applicant shall provide mitigation for the proposed impacts by purchasing 8,793 buffer
credits from one of the EBX Buffer Mitigation Banks located within the Upper Neuse
subbasin (HUC 03020201) as indicated in the application.
• Stormwater
Before any impacts occur, the applicant shall provide a copy of the modified SMP with
proof of Johnston County's approval to DWR.