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HomeMy WebLinkAbout20150465 Ver 2_USACE Permit_20230615T Og x .G2lTf PI�'�Q,`P 0 S TATF.S OF Regulatory Division Action ID: SAW-2015-00471 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 June 14, 2023 Novo Nordisk Pharmaceutical Industries, LP Attn: Chad Henry, Corporate Vice President 3612 Powhatan Road Clayton, North Carolina 27527 Dear Mr. Henry: In accordance with the written request of October 18, 2022, and the ensuing administrative record, enclosed is a permit to impact Waters of the United States (WOTUS) associated with construction of a proposed pharmaceutical production and warehousing facilities to establish access to high -ground developable area. The development would include pharmaceutical production, storage, and parking facilities, and access roads that meet Fire Marshal standards. The proposed project would impact 1,642 linear feet of stream and 0.83 acre of vegetated wetlands. Any deviation in the authorized work will likely require modification of this permit. If any change in the authorized work is necessary, you should promptly submit revised plans to the Corps showing the proposed changes. You may not undertake the proposed changes until the Corps notifies you that your permit has been modified. Carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant general conditions require that: a. You must complete construction before December 31, 2028. b. You must notify this office in advance as to when you intend to commence and complete work. c. Please note the attached Mitigation Responsibility Transfer Form must be returned signed by the Mitigation Sponsor prior to any ground disturbance. d. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. -2- You should address all questions regarding this authorization to Matthew Martin at the Raleigh Regulatory Field Office, telephone 984-800-3741, or via email at Matthew. K.Martin CcDusace.army. mi1. Sincerely, for Benjamin A. Bennett Colonel, U.S. Army District Commander Enclosures: Department of the Army Permit Special Conditions Plans Copies Furnished (with enclosures): Chief, Source Data Unit NOAA/National Ocean Service 1315 East -west Highway, Room 7316 Silver Spring, Maryland 20910-3282 Copies Furnished with Special Conditions and Plans: Mr. Pete Benjamin U. S. Fish and Wildlife Enhancement Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Ms. Twyla Cheatwood National Marine Fisheries Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Todd Bowers Wetlands and Marine Regulatory Section Water Protection Division — Region IV U. S. Environmental Protection Agency 61 Forsyth St. SW Atlanta, Georgia 30303-8931 -3- Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Ms. Karen Higgins 401 & Buffer Permitting Branch Supervisor Division of Water Resources Department of Environmental Quality 1617 Mail Service Center Raleigh, North Carolina 27699 DEPARTMENT OF THE ARMY PERMIT Permittee Chad Henry, Corporate Vice President Novo Nordisk Pharmaceutical Industries, LP 3612 Powhatan Rd Clayton, NC 27527 Permit No. AID SAW-2015-00471 Issuing Office CESAW-RG-RGR NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: A proposed pharmaceutical production and warehousing facilities expansion, involving the discharge of fill material permanently and temporarily impacting Waters of the United States (WOTUS) to establish access to high -ground developable area. The development would include pharmaceutical production, storage, and parking facilities, and access roads that meet Fire Marshal standards. The proposed project (project) would impact 1,642 linear feet (If) of stream associated with tributaries 2 and 3 as depicted on the site construction plans. This total includes the entirety of Tributary 3 [302 if / 0.027 acre (ac)] and 1,3401f of Tributary 2 (0.153 ac). Additionally, the site development proposes impacts to 0.83 ac of vegetated wetlands including all of Wetland 2 (0.03 ac) and 0.8 ac of Wetland 1. Project Location: Powhatan Road, Clayton, North Carolina. Latitude and Longitude: 35.618972N,-78.408763W Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on December 31, 2028, If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A)) Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. PJ e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. C,,tly �� May 24, 2023 (PERMITTEE) (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. for DISTRICT C MA ER) June 13, 2023 (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425