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HomeMy WebLinkAbout20070173 Ver 6_NovoNordisk_BrightskyIP_062724_20240627U.S. ARMY CORPS OF ENGINEERS OMB APPROVAL NO.0710-0003 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT EXPIRES: 28 FEBRUARY 2013 33 CFR 325. The proponent agency is CECW-CO-R. Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO_ 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - Lam Middle - Last - Lane First - Perry Middle - Last - Isner Company - Novo Nordisk Company - Wetlands & Waters, Inc. E-mail Address - LRLE(cbnovonordisk.com E-mail Address - perryisnerAwetlands-waters.com 6. APPLICANT'S ADDRESS: 9. AGENT'S ADDRESS: Address- 2641 Powhatan Road Address- 328 East Broad Street, Suite D City - Clayton State - NC Zip - 2752 Country -USA City - Statesville State - NC Zip - 2867 Country - USA 7 APPLICANT'S PHONE NOs. w/AREA CODE 10. AGENTS PHONE NOs. WAREA CODE a. Residence b. Business c. Fax a. Residence b. Business c. Fax N/A (919)550-2200 N/A N/A 704-773-4239 N/A STATEMENT OF AUTHORIZATION 11. I hereby authorize to act in my beha as m agent in the processing of this application and to furnish, upon request, supplemental informal n in support of this permit application. MN SIC,NP{fURE OF A PLICd4NT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Brightsky Expansion 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Little Poplar Creek Address 2641 Powhatan Road City - Clayton State- NC Zip- 27527 15. LOCATION OF PROJECT Latitude: -N 11 6155647 Longitude: -W -7R 19R6704 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID (multinle_ see attached) Municipality Town of C:lavton / Johnston County Section - Township - Range - ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 17. DIRECTIONS TO THE SITE From the Raleigh Regulatory Field Office: Head east on Heritage Trade Drive toward Forestville Road. Turn right onto Forestville Rd. Turn left onto Rogers Rd. and follow for approximately 3.8 miles. Turn left onto S. Main St. Turn right onto E. Young St. Use the left lane to turn right onto US-401. Keep left to continue toward US-401. Turn right onto US-401. Turn right onto E. Young St. Continue onto Rolesville Rd. Slight right to stay on Rolesville Rd. Continue onto Eagle Rock Rd. Turn left to stay on Eagle Rock Rd. Continue onto Buffalo Rd. Turn right onto Archer Lodge Rd. Turn right onto Covered Bridge Rd. Turn left onto Castleberry Rd. Turn right onto NC-42 W. Turn left onto Glen Laurel Rd. Turn right onto Powhatan Rd. Destination will be on the left. 18. Nature of Activity (Description of project, include all features) The project consists of the expansion of an existing pharmaceutical manufacturing facility in order to meet market demands. The project includes the construction of the manufacturing facilities, supporting infrastructure including internal circulation roads, parking facilities, utilities, stormwater facilities, emergency services, existing substation expansion, etc. Refer to Project Narrative attachment for further information. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) The purpose of the project is to construct a Fill & Finish facility in order to increase the capacity to provide diabetic medication throughout the United States. Refer to Project Narrative attachment for further information. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Impact Exhibit 1.01 - IFP expansion Impact Exhibit 1.10 - Fill slope for loop road Impact Exhibit 1.02 - No impacts proposed Impact Exhibit 1.11 -Pad fill Impact Exhibit 1.03 - Temporary utility impacts Impact Exhibit 1.12 - Substation expansion Impact Exhibit 1.04 - Temporary parking Impact Exhibit 1.05 - N/A (Overall Schematic) Impact Exhibit 1.06 - Road crossing Impact Exhibit 1.07 - Road crossing Impact Exhibit 1.08 - Road crossing Impact Exhibit 1.09 - Fill slope for loop road 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards 18,200 (wetlands) 97 (streams) 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres 18.44 acres (permanent wetland impacts) & 1.05 acres (temporary wetland impacts) or Linear Feet 1277 linear feet (streams) 23. Description of Avoidance, Minimization, and Compensation (see instructions) The project has been designed to minimize impacts to jurisdictional features throughout the primary riparian corridor to the greatest extent possible; impacts in these areas are primarily for road crossings in order to access high ground and to facilitate safe ingress and egress to and from the parking deck during shift change. The first of these crossings has been located at the narrowest point in the wetland complex, and the second crossing was chosen at the location of a previously permitted crossing. Two additional minor impacts are proposed for the primary perimeter circulation road for the facility. All other proposed impacts are to potentially non jurisdictional .,eO—A. ENG FORM 4345, OCT 2012 Page 2 of 3 24. Is Any Portion of the Work Already Complete? �X Yes [—]No IF YES, DESCRIBE THE COMPLETED WORK Some initial site work (clearing and grading) has commenced. All work has been done in high ground and is under an approved erosion control plan with review by Johnston County. An existing road crossing which was permitted under Action ID# SAW-2021-02032 has already been constructed and is noted as "existing 0.18 acre wetland impact - previously permitted" on the attached plan. The applicant proposes to include these previously authorized impacts with this new request for additional impacts such that the entirety of the impacts associated with the project area as shown on the attached plans are considered a single and complete project. 25 Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list) a. Address - City - State - Zip - b. Address - City • State - zip - c. Address- REFER TO ATTACHMENT City - State - Zip - d. Address - City - State - Zip . e. Address - City - State - Zip - 26 List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER Zoning Building Permits Erosion Control Grading Permits Would include but is not restricted to zoning, building, and flood plain permits 27, Application s hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete an ccurate. I further certi that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. Perry Isner 06/20/24 SIG RE OF'APPLICANT DATE SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, OCT 2012 Page 3 of 3 Narrative 1. Introduction Novo Nordisk is a global healthcare company and a world leader in diabetes care with over 100 years of translating unmet medical needs of people living with a serious and chronic disease into innovative medicines and delivery systems. With headquarters in Denmark, Novo Nordisk employs over 50,000 employees in 80 countries and markets its products in 180 countries. Novo Nordisk has strategic production facilities in five countries, including the United States. In the U.S., the facility in Clayton, NC is a critical element of the company's global supply chain necessary for the manufacturing and packaging of life saving and life sustaining medicines marketed in North America, Europe (France, Ireland and Denmark), Australia, Asia and New Zealand. Operating 24 hours a day, 7 days a week, impacts to operations at the Clayton facility have direct impact on global supply. 2. Novo Nordisk is Established in North Carolina Novo Nordisk purchased a facility in Clayton in 1991 from Locke Pharmaceuticals, establishing U.S. operations, and launched its first product for global distribution in 1996. The purpose of the facility then was the same as it is today: the Fill & Finish (FF) steps in the manufacturing process. The site was selected based on the following criteria — it was a licensed pharmaceutical operation previously established, availability of basic site utilities including water, sewer, power, etc., proximity to the Research Triangle Park, and the availability of trained, technical resources. Additionally, the site offered opportunity for expansion in the future. Novo Nordisk's conclusion that facilities expansions were possible, even with the presence of streams and wetlands, were not unfounded. The ability to expand was understood as the site was purchased when the USACE Nationwide Permit program allowed up to 10 acres of impacts to waters of the US and there were no specific limitations on stream losses. Specific limitations on stream losses did not happen until 1996 when losses were capped at 500 linear feet and wetland impacts were capped at 3 acres. Since 1991, the existing fill & finish site has been able to work and expand within the confines of the Nationwide Permit Program, even as their impact limitations decreased. 3. Novo Nordisk's First Active Pharmaceutical Facility Outside of Denmark In 2016, Novo Nordisk set out to establish the first Active Pharmaceutical Ingredient (API) facility outside of Denmark. To accommodate the new API facility, a parcel of land adjacent to the FF site in Clayton was purchased. With minor impacts to wetlands on the purchased parcel, the API facility began construction in 2016, and was completed in 2019. These wetland impacts were approved by the USACE under project Brightsky, USACE Action ID # SAW-2015-02127, and DWR permit file 2007-0173. This API facility was completed in 2019 and was designed to have space for expansion to meet the growing demand for the life saving medications produced by the facility. 4. Further Expansion of the Fill & Finish Facility During Covid, the safety supply of diabetic products dropped dangerously low. A normal safety supply for diabetic product is 60 days on hand, and during the pandemic, days on hand dropped to single digits. Novo Nordisk FF facilities worldwide were asked to increase their capacity to prevent diabetic medication supply to ever drop to such low levels again. The Clayton FF facility was no exception, and therefore needed to undergo a significant expansion to ramp -up production capacity to meet this demand. In September of 2021, Novo Nordisk began planning for a seventh expansion of the original FF facility. Novo Nordisk engaged with Hanbury Architects, HIPP Engineering, Stewart Engineering, and Wetlands & Waters to provide professional architectural, engineering, and environmental consulting and design services. These buildings needed to be designed to accommodate the storage of raw materials, excipients, packaging materials, in -process and finished products, aseptic production ("AP"), and state-of-the- art finished production ("FP") areas. The warehouse would utilize automated storage and retrieval systems which is the densest storage option available. The warehouse needed to provide both cold and ambient storage capacity while meeting current Good Manufacturing Practices (cGMP) and reducing footprint. There were limitations within the existing site which prevented Novo Nordisk from expanding without impact to the existing stream and wetlands located on the site. This led to multiple potential on -site and off -site options to be prepared and evaluated by Novo Nordisk and the design team prior to selecting the preferred option. Off -site alternatives considered included the purchase of additional parcels which were directly adjacent and contiguous to the existing site. Being directly adjacent and contiguous to the existing site was a primary consideration as it relates to licensure by the FDA for any new facilities. A new site approval by the FDA would require substantial additional time to obtain. Offers for these parcels was made but unfortunately, the seller declined to proceed with the transaction. An additional off -site alternative in Wilson, NC was contemplated for development. It was ultimately determined that the approximately 35-mile distance from the existing facility was not consistent with best manufacturing processes and FDA licensure procurement. Thus, this alternative was eliminated from consideration due to being impracticable. Selecting the preferred placement of the facility incorporated many considerations. These considerations included: established regulations by various medical authorities, governmental guidance for the design and layout, material flows in the facility and site intended to establish clearly defined pathways for raw materials, personnel, waste, etc., minimization of handling and transportation of in -process and finished drug products, assurance of appropriate sizing of manufacturing, support, laboratory, gowning, etc. areas to allow for proper operation, maintenance, material flows, etc. Other significant aspects considered were phasing and constructability, location and setbacks required for utility services, as well as schedule implications. Each option was evaluated for impacts to streams, buffers and wetlands while ensuring site circulation for emergency access, shipping and receiving heavy truck traffic and personnel vehicle and foot traffic. Novo Nordisk has defined cost to construct each option as the least significant factor in the overall decision during evaluation, focusing rather on patient supply, quality and environmental considerations. After many potential site layout iterations, the selected option did have impacts on the on -site stream, and the company therefore applied to the Army Corps of Engineers and obtained an individual permit for the project. The permit was received on May 25, 2023 under Action ID # 2015-00471. 5. An Unexpected Opportunity In February of 2023, an unexpected opportunity for Novo Nordisk to purchase 104 acres of land east of the current site was exercised, followed by another adjacent 90 acres. It was determined that these properties were needed for further expansion, in addition to the previously permitted facility. These parcels, referred to as the Woodall & Laurel and Gordon tracts, are adjacent and contiguous to the API facilities. While these properties were evaluated and pursued as part of the off -site alternatives for the previously issued Corps permit, owners were not previously amenable to selling to Novo Nordisk at that time. Once these tracts were purchase, it was determined that the new FF Expansion would be built in the southern portion of the property, with the northern most areas being left for any future development. 6. New Fill & Finish Expansion Design The proposed future FF facility is critical infrastructure and must consider, to the best of our abilities, threats of weather, terrorism, global pandemics, and catastrophic fire. To that end, the plan includes, among other things, turning radius and considerations for emergency services vehicles, low profile structures for anticipated hurricane force winds and tornados, and redundant power, information systems backups, and hardening of exterior facades. The new facility was designed in conjunction with other facilities to be built in Europe. Designing an identical facility offers a number of benefits both during construction and operations. From the construction perspective, it saves cost and construction time by building the same design. From an operations perspective, it allows for identical processes and the opportunity of scalability for optimization, ultimately leading to a higher quality product for the patient, with fewer opportunities for error. Each facility design had to take into account the constraints of the other sites. The initial suggested facility layout is seen in Figure 1 of the attachments. The majority of the wetland impact was on the south of the property on the wetlands adjacent to the railroad track. At the time, our corporate designers wanted to also leave room for possible expansion to the facility on page north east where it is outlined in the grey dashed box. The Clayton team challenged the initially suggested layout specifically on the overall size of the facility and asking to reduce overall wetland impacts, and to better allow for emergency vehicle circulation. In Clayton, the project proponent has taken great care to design the site such that impacts to jurisdictional aquatic resources are primarily necessary in order to construct necessary circulation roads. In order to satisfy the parking requirements associated with the expanded facility of —1500 spaces, the project proponent intends to construct a multi -level parking deck rather than pursuing traditional horizontal parking facilities. In doing so, the applicant accomplishes complete avoidance of impacts to jurisdictional aquatic resources for purposes of satisfying permanent parking requirements. However, Phase 1 of the construction requires surface parking proximate to construction activities. As such, three surface parking areas are shown within the construction area on Exhibit E1.05. One of these surface parking facilities will be later converted to the parking deck, with the other two ultimately being converted to industrial buildings. Three circulation roads are necessary in order to support efficient ingress and egress to and from the parking deck during shift change. In order to minimize impacts to the aquatic environment, the first two of these crossings have been located at the narrowest points in the wetland complex, and the last crossing was chosen at the location of a previously permitted crossing (AID# SAW-2021-02032), which needs to be widened in order accommodate safe circulation and emergency vehicle access. Two additional minor impacts are proposed for the primary perimeter circulation (loop) road for the facility. 7. Environmental Permitting Novo Nordisk has determined that the totality of the current Campus needs to be permitted as one cohesive project under Clean Water Act requirements in consideration of the proposed development of the assemblage and that the campus configuration must comply with production, processing, warehousing and support facility's needs, as well as emergency access and circulation. While a constraint for facility design has been as little impact on jurisdictional aquatic resources as possible, the final design does propose some impacts. For that reason, this new Individual Permit was begun with the Army Corps of Engineers. 8. Proposed Impacts The siting selected has several areas of impacts to both wetlands and streams and associated buffers. Summaries of each impact are shown in the attachment on Exhibit E1.00, and in the table below. Stream Impact (LF) Stream Impact (SF) Zone 1 Impact (AC) Zone 2 Impact (AC) Wetland Impact (AC) Tempos Wetland Impacts (AC) Wetland Area 1.01 1.030 7.114 1.03 0.63 0.01 0 Wetland Area 1.02 0 0 0 0 0 0 Wetland Area 1.03 0 0 0 0 0 0.95 Wetland Area 1.04 0 0 0 0 0.56 0 Wetland Area 1 05 WA WA WA WA WA WA Welland Area 1.06 69 791 0.09 0.06 0.18 0 Wetland Area 1.07 80 657 0.13 0.07 0.52 0 Wetland Area 1.08 98 582 0.15 0.08 0.43 0 Wetland Area 1.09 0 0 0 0 0.16 0.06 Wetland Area 1.010 0 0 0 0 0.07 0.04 Wetland Area 1.011 0 0 0 0 2.15 0 Wetland Area 1.012 0 0 0 0 14.36 0 TOTAL 1,277 9,114 1 1.4 0.84 18.44 1.05 9. Project Location and Description The Project site is located immediately east of State Highway 70 in the Town of Clayton, Johnston County, NC. The total property (NC PIN: 05J06001A, 05JO503OG ) is approximately 176 acres and is adjacent to the North Carolina Railroad/Norfolk Southern rail line and Powhatan Road (SR 1901). Figure 2 in the attachments describes how the campus is divided into 4 quadrants. Quadrant 1: This quadrant is where production already occurs. This includes the existing IFP and API facilities. Quadrant 2: This contains the Waste Water Pre -Treatment Facility (WWPTF) which is currently planned to be expanded to treat the expected increase in water treatment to support our API facility. Quadrant 3: This is the amenities quadrant, where it is expected to put a small employee amenities center for attracting future talent. With the required number of future employees, this is seen as required to attract and retain talent at Novo Nordisk from the triangle area. The majority of the amenities quadrant is wetlands, and is expected to remain so as no permanent impacts are proposed in this area. Quadrant 4: This is the expansion quadrant, and where the new FF expansion has been located. 10. Other Permitting Requirements This expansion requires the following permits and authorizations: Zoning and Building Permits - The totality of the Campus has been appropriately zoned, and commitments for sewer and water infrastructure were received by Johnston County in December of 2023. Johnston County is a delegated authority and will be reviewing the stormwater management plan. In general, the plan includes treatment of the 20-year storm event, pre - and post -development treatment. The Corps permit impact maps depict the approximate locations and configurations for the management practices. The applicant understands that these facilities need to be operational prior to the issuance of a certificate of occupancy and will comply with all state requirements. Erosion Control - The project designers are working with Johnston County to develop a comprehensive erosion control plan for the proposed work. DOT Encroachment - The applicant has commissioned a project wide traffic study to evaluate transportation improvements that might be needed to serve the proposed development. After the Fact Impacts (SAW-2021-02032) —The applicant understands that the impacts associated with this previously authorized permit verification are considered to be in non- compliance due to the change in use from residential to industrial development. The applicant proposes to include these previously authorized impacts into the proposed impacts to support the FFEx facility expansion and overall Novo Nordisk campus. A tolling agreement to that effect is included as an attachment to this document. As a compensatory mitigation payment was already made for these impacts, no further mitigative effort is proposed. 11. Compensatory Mitigation In order to offset unavoidable losses, the applicant proposes to provide compensatory mitigation for all impacts to jurisdictional aquatic resources by either purchasing credits from a private mitigation bank (if available) or from an In Lieu Fee program. Stream and wetland credits will be purchased at a 2:1 mitigation ratio, and riparian buffer credits will be purchased at the standard multiplier for each respective zone. 12. Conclusion and Permit Application With what started as just 54 acres, the site of Novo Nordisk has transformed into a campus of approximately 553 acres. The Campus falls within the jurisdiction of both Johnston County and the Town of Clayton as depicted in the campuswide masterplan. The proposed campus provides additional areas for the manufacturing and professional support services associated with the production of Active Pharmaceutical Ingredients, a Fill & Finish Facility. Additionally, the campus includes a Waste Water Pre -Treatment Facility (WWPTF). The site currently supports approximately 1.3 million square feet of facilities and will grow with just the new FF facility to approximately 2.5 million square feet. Employment will grow from 1750 to 3600. The campus will operate 24/7, producing and packaging life-saving medicines. As previously stated, the company experienced significant disruption on their supply chain during the Covid-19 pandemic. This expansion will ensure that inventory levels of raw materials, intermediates and finished product, are maintained at sufficient levels to greatly reduce any potential disruption in providing life-saving medications to our customers. For all these reasons, Novo Nordisk has decided to pursue this new Individual Permit with the USACE. a w 0 C? o CD 04 LLJ o .6 0�, d. 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Sections 1311(a), 1319, & 1344 and/or Section 9, 10, or 13 of the Rivers and Harbors Act of 1899, 33 U.S.C. Sections 401, 403, or 407, and/or Ocean Dumping Act Sections 101 and/or 103 (33 U.S.C. 1411, 1413), at a site commonly known as Project Bright Sky, PIN/Parcel ID 05I05022A, Johnston County, North Carolina. WHEREAS, the purpose of any such complaint would be to obtain appropriate injunctive relief and to impose appropriate civil or criminal penalties for potential defendant'(s) alleged violations of the statute(s) cited above; WHEREAS, the Corps accepted an after -the -fact (ATF) permit application from the potential defendant(s) in an attempt to settle the above claims; WHEREAS, both parties believe that their interests will best be served by continuing the ATF permit process without the disruption that might be occasioned should the United States file a complaint in the immediate future; AND WHEREAS both parties acknowledge the requirement found at 33 C.F.R. 331.11(c) for an applicant for an ATF permit to provide a signed tolling agreement; tolling agreement may not be enlarged, modified or altered except in writing signed by the parties. This tolling agreement may be executed in counterparts. FOR the United States of America: District Counsel Wilmington District, U.S.Army Corps of Engineers FOR ("potential defendpt(s)") DATE DATE 2 � J V z0 2� I WETLANDS — Sc WATERS, INC. Larry Lane Novo Nordisk Pharmaceutical 3612 Powhatan Road Clayton, NC 27527 May 29, 2024 RE: Threatened and Endangered Species Evaluation Brightsky Expansion Clayton, Johnston County, NC PINS: partial 167800-70-2011, 167804-90-4403, partial 168700-08-8190, 167804-90-6395, 168700-08-4561 Mr. Lane, Wetlands & Waters, Inc. (W&W) has completed a desktop and field evaluation for federally protected species identified in the US Fish and Wildlife official IPaC species list dated May 13, 2024 for the above referenced project (Attachment B; Project Code: 2024-0089275). The desktop evaluation was conducted for protected species known or suspected to be present in the review area included in the species list and included a query of the North Carolina Natural Heritage Program database on May 13, 2024 to identify known species and critical habitat occurrences within or in close proximity to the review area (Attachment A). Work associated with a Nationwide Permit verification request cannot commence until the U.S. Army Corps of Engineers (the lead federal permitting agency) has made an effect determination (i.e. No Effect; May Affect, Not Likely to Adversely Affect (MANLAA); and May Affect, Likely to Adversely Affect) as to the potential for impacts to Federally Threatened, Endangered, and proposed Threatened/Endangered species and their Critical Habitat. This report may be used by the U.S. Army Corps of Engineers or other Lead Federal Agency to determine if additional coordination will be necessary to satisfy requirements of the Endangered Species Act. For the purpose of this report, the review area is located south of Powhatan Road in Clayton, Johnston County, NC. The review area is indicated on the attached Figure 1. The surrounding land use is characterized by moderate residential and commercial land uses. Residential areas, dating back to the 1990's and up through the 2000's, are adjacent to the site. The review area abuts the railroad to the south. The project area is approximately 0.55 miles east of U.S. 70 Business Highway. Interstate 40 is approximately 8.9 miles west of the project area. The "development area" is a proposed pharmaceutical manufacturing facility and its appurtenant infrastructure. Portions of the development area have been historically terraced for agriculture while other portions of the development area are composed of hardwood and pine stands. The current development minimizes impacts to the environment through avoiding tree clearing within areas of open space in the project area and the preservation of riparian buffers along the onsite tributaries. Species Profiles and Analysis Tricolored Bat (Perimyotis subflavus) Proposed Endangered Tricolored bats are three to three and a half inches long. Their tricolored name derives from their fur being dark at the base, light in the middle, and then dark at the tips. They forage in the early evening typically preferring field edges and over waterways. During the winter they hibernate in caves and mines. In areas with few caves, they can be found in culverts, barns, tree cavities, and abandoned water wells. Their breeding season begins in the fall. There is potentially suitable habitat for this species within the review area. The Tricolored bat is listed as proposed endangered and has limited protections under the regulations until it is up -listed to endangered. Currently the Tricolored Bat is not afforded legal protection under Section 7 of the Endangered Species Act. This project is located in the year-round active zone 1 range. It is our recommendation that if this species is uplisted to endangered, accomplishing all necessary tree clearing outside of the pup season (May 1-July 15) for this species would support a MANLAA determination. The NC NHP report indicates that there are no known occurrences of this species within a one -mile radius of the review area. Red -cockaded woodpecker (Picoides borealis) Endangered The red -cockaded woodpecker is a non -migratory, territorial bird that requires old, living pine trees to excavate roosts and nest cavities, usually in trees infected with a fungus known as red -heart disease. Cavity trees tend to be in areas known as "clusters," and may include one to 20 or more cavity trees on three to 60 acres. Clusters are made up of active (in use) and inactive (previously used) cavity trees within an area defended by a single group. Suitable nesting habitat for the red -cockaded woodpecker include pine stands, or pine -dominated pine/hardwood stands, with a low or sparse understory and ample old - growth pines. Trees must be more than 60 years old to be suitable for cavity construction. Longleaf pine is preferred where available, but they frequently use other species such as loblolly, shortleaf, slash and pond pine (U.S. Fish & Wildlife Service, 2021). While there are some pine trees within the review area that are in the correct age class, the understory and midstory is relatively dense which is not preferrable for the RCW. Most of the pines in the suitable age class are located in the riparian corridor and will be preserved. The NC NHP report indicates that there are no known occurrences of this species within a one -mile radius of the review area. Neuse River Waterdog (Necturus lewisa) Threatened The Neuse River waterdog specific habitat characteristics include low to moderate gradient streams and low current velocity. It is a fully aquatic salamander, never leaving the water. It lacks lungs, getting oxygen from the water via external gills and needs clean, flowing water with high dissolved oxygen concentrations. The species dwells in streams wider than 15 meters but has been found in smaller creeks (U.S. Fish & Wildlife Service, 2021). Stream conditions are not suitable for this species as the tributaries on site have been observed dry for the entirety of their reaches and this species is a fully aquatic species dependent on year-round flow. The NC NHP report indicates that there are no known occurrences of this species within a one -mile radius of the review area. Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS The USFWS IPaC report indicates that the project area does not overlap the critical habitat for this species. Carolina Madtom (Noturus furiosus) Endangered The species occurs in riffles, runs, and pools in medium to large streams and rivers. Ideally, it inhabits fresh waters with continuous, year-round flow and moderate gradient in both the Piedmont and Coastal Plain physiographic regions. Optimal substrate for the Carolina madtom is predominantly silt -free, stable, gravel and cobble bottom habitat, and it must have cover for nest sites, including under rocks, bark, relic mussel shells, and even cans and bottles (U.S. Fish & Wildlife Service, 2019). Stream conditions are not suitable for this species as the tributaries on site are small headwater systems with substrate composition that is primarily silt and sand substrate. The NC NHP report indicates that there are no known occurrences of this species within a one -mile radius of the review area. The USFWS IPaC report indicates that the project area does not overlap the critical habitat for this species. Atlantic Pigtoe (Fusconaia masonr) Threatened The preferred habitat of the Atlantic pigtoe is coarse sand and gravel, and rarely in silt and detritus. Historically, the best populations existed in small creeks to larger rivers with excellent water quality, where flows were sufficient to maintain clean, silt -free substrates (U.S. Fish & Wildlife Service, 2020). Stream conditions are not suitable for this species as the tributaries on site are small headwater systems with substrate composition that is primarily silt and sand substrate. The NC NHP report indicates that there are no known occurrences of this species within a one -mile radius of the review area. The USFWS IPaC report indicates that the project area does not overlap the critical habitat for this species. Dwarf Wedgemussel (Alasmidonta heterodon) Endangered Typical habitat for this mussel includes running waters of all sizes, from small brooks to large rivers. Bottom substrates include silt, sand and gravel, which may be distributed in relatively small patches behind larger cobbles and boulders. The river velocity is usually slow to moderate. Dwarf wedge mussels appear to select or are at least tolerant of relatively low levels of calcium in the water (New York State Department of Environmental Conservation, n.d.). Stream conditions are not suitable for this species as the tributaries on site have been observed dry for the entirety of their reaches and this species is a fully aquatic species dependent on year-round flow. The NC NHP report indicates that there are no known occurrences of this species within a one -mile radius of the review area. Green Floater (Lasmigona subviridis) Proposed Threatened Green floaters are a species of freshwater mussel that are found in small streams to large rivers with slow Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS flows, that provide ponded areas with sand and gravel substrate. They are small and greenish brown in color. Connectivity of existing populations without barriers is an important factor for the survival of this species (Service, U.F., 2018). The USFWS INC report indicates that the project area does not overlap the proposed critical habitat for this species. Yellow Lance (Elliptio lanceolata) Threatened The yellow lance is a sand -loving species often found buried deep in clean, coarse to medium sand, although it can sometimes be found in gravel substrates. Yellow lances often are moved with shifting sand and eventually settle in sand at the downstream end of stable sand and gravel bars. This species depends on clean, moderate flowing water with high dissolved oxygen. This species is found in medium- sized rivers to smaller streams (U.S. Fish & Wildlife Service, 2021). Stream conditions are not suitable for this species as the tributaries on site have been observed dry for the entirety of their reaches and surrounding land use has been agricultural since at least the 1950s. The NC NHP report indicates that there are no known occurrences of this species within a one -mile radius of the review area. The USFWS INC report indicates that the project area does not overlap the critical habitat for this species. Conclusions Species Presence in Information Recommended Conservation Measures Action Area Used Determination Incorporated into Project Tricolored Bat Potentially Field N/A* Majority of riparian buffers (Perimyotis subflavus) Suitable Evaluation will be preserved within the Habitat review area. Present Red -cockaded Potentially Field May affect, not Majority of suitable pine woodpecker (Picoides Suitable Evaluation likely to stands are located within the borealis) Habitat adversely affect riparian buffers and will be Present preserved. Neuse River Waterdog Potentially Field No Effect Majority of riparian buffers (Necturus lewisi) Suitable Evaluation will be preserved within the Habitat review area. Sediment and Present erosion control measures will be utilized to ensure materials incidental to activities in high ground are not transported to downstream receiving waters. Carolina Madtom Potentially Field No Effect Majority of riparian buffers (Noturus furiosus) Suitable Evaluation will be preserved within the Habitat review area. Sediment and Present erosion control measures will be utilized to ensure materials incidental to activities in high Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS ground are not transported to downstream receiving waters. Atlantic Pigtoe Potentially Field No Effect Majority of riparian buffers (Fusconaia masoni) Suitable Evaluation will be preserved within the Habitat review area. Sediment and Present erosion control measures will be utilized to ensure materials incidental to activities in high ground are not transported to downstream receiving waters. Dwarf Wedgemussel Potentially Field No Effect Majority of riparian buffers (Alasmidonta Suitable Evaluation will be preserved within the heterodon) Habitat review area. Sediment and Present erosion control measures will be utilized to ensure materials incidental to activities in high ground are not transported to downstream receiving waters. Green Floater Potentially Desktop N/A* Majority of riparian buffers (Lasmigona subviridis) Suitable Evaluation will be preserved within the Habitat review area. Sediment and Present erosion control measures will be utilized to ensure materials incidental to activities in high ground are not transported to downstream receiving waters. Yellow Lance (Elliptio Potentially Field No Effect Majority of riparian buffers lanceolata) Suitable Evaluation will be preserved within the Habitat review area. Sediment and Present erosion control measures will be utilized to ensure materials incidental to activities in high ground are not transported to downstream receiving waters. *- Currently not afforded protection under Section 7 of the ESA Should you require more information regarding the results of our evaluation, please do not hesitate to contact us. Sincerely, Drew Lucas Perry Isner Field Technician Project Manager C: 540-529-2580 C: 704-773-4239 Enclosures: Figure 1. Threatened and Endangered Species Survey Attachment A. North Carolina Natural Heritage Program Report Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS Attachment B. U.S. Fish and Wildlife Service IPaC Official Species List Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS References New York State Department of Environmental Conservation. (n.d.). Dwarf Wedge Mussel. Retrieved from Department of Environmental Conservation: https://www.dec.ny.gov/animals/42253.htmlg:-:text=The%20dwarf%20wedge%20mussel%20is %20found%20at%2017%20site s%20in, small%20brooks%20to%201arge%20rivers. Service, U. F. (2018). Green floater (Lasmigona subviridis). Retrieved from Environmental Conservation Online System: https:Hecos.fws.gov/ecp0/profile/speciesProfile?sId=7541 U.S. Fish & Wildlife Service. (2019, March 25). Carolina madtom Noturus furiosus. Retrieved from U.S. Fish & Wildlife Service Southeast Region: https://www.fws.gov/southeast/wildlife/fishes/carolina-madtom/ U.S. Fish & Wildlife Service. (2020, September 18). Atlantic pigtoe Fusconaia masoni. Retrieved from U.S. Fish & Wildlife Service Southeast Region: https://www.fws.gov/southeast/wildlife/mussels/atlantic- pigtoe/#:—:text=in%20proper%20alignment.-,Habitat,clean%2C%20silt%2Dfree%20substrates. U.S. Fish & Wildlife Service. (2021, June 17). Neuse River waterdog Necturus lewisi. Retrieved from U.S. Fish & Wildlife Service Southeast Region: https://www.fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/ U.S. Fish & Wildlife Service. (2021, March 8). Red -cockaded woodpecker Picoides borealis. Retrieved from U.S. Fish & Wildlife Southeast Region: https://www.fws.gov/southeast/wildlife/birds/red- cockaded-woodpecker/ U.S. Fish & Wildlife Service. (2021, April 7). Yellow lance Elliptio lanceolata. Retrieved from U.S. Fish & Wildlife Service Southeast Region: https://www.fws.gov/southeast/wildlife/mussels/yellow- lance/#:—:text=NC%20State%2OUniversity.- ,Habitat,be%20found%20in%20gravel%20substrates.&text=This%20species%20is%20found%2 Oin%20medium%2Dsized%20rfivers%20to%20smaller%20streams. Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS i i A # * r ,ti � -P. wor 5. All 4 'r94y r *,� •y ft ICI. ,P 10A di �! "Its j # '`� '�• ' # - r_�-4 do# mt �' U . �} rJAI � AL J/ • v � / • 5 5 4 • i - �1 .f �f � r - i J 1 �T k r .���_ Ike • �; 0 1,000 2,000 Feet Project Name: �� WeT�ANos Owner/Developer: 6 WATERS, INC, City/County: Threatened and Endangered Species Survey Tax PIN(s): Coordinates: J . •r * 5 16 Novo Nordisk Brightsky Expansion Now Nordisk Pharmaceutical Clayton/Johnston I Acreage: 361.5 Lat: 35.6155641Long:-78.39867078.398670 NN W E S Attachment A North Carolina Natural Heritage Program Report Roy Cooper, Governor ■ ■■■ r ■■ ■ INC DEPARTMENT OF ■■,■i NATURAL AND CULTURAL RESOURCES ■ ■■ May 13, 2024 Drew Lucas Wetlands & Waters, Inc. 328 East Broad Street Statesville, NC 28677 RE: Powhatan Road Dear Drew Lucas: ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritage�dncr.nc.gov. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609 OFC 919.707.9120 • FAX 919.707.9121 CO ■ ■ 4 CO CO Z Al > 3 d CO e CO \ .g \ 7 \ \ \ / ■ we, '0E Lij > / \ ■ > > \\ \ E e ■ . CO 4 \ � / \ \ CO E } O CO \ % \ \ E \ 0 \ \ \ / \ / \ e / co4 w cs k x \ 0 \ CO t \ \ \ o E \ o/\ \ / � 44E � � � \\ § \ / O \V O n M 0 N 1 W 0 Z z a' c @ d °drat Cf) P N —_ 61 ✓ 7 0 � J� V J e� Neese R a0 '26 N+ O Lo Q° .p o p 0 N C p � UI s O y a w M e\ F6 Tti a �d4o 0 o, a an Fd \� e° 3 0 3��Se R o � yd 2 Wise(0 L c vv s rn � v c o> E R ,o S � � a v � a � W " Creek Church Rd + z �t�e J o� T m Q w C: O� =3 Q O � m N v -0 Q 7 N O Op O N asa M O M Attachment B U.S. Fish and Wildlife Service IPaC Official Species List United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh, NC 27607 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2024-0089275 Project Name: Bright Sky Project Fist1 WlMUM 05/13/2024 12:51:35 UTC Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered Project code: 2024-0089275 05/13/2024 12:51:35 UTC species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat maybe affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https: //www. fws. gov/sites/default/files/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. 2of13 Project code: 2024-0089275 05/13/2024 12:51:35 UTC We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List ■ USFWS National Wildlife Refuges and Fish Hatcheries ■ Bald & Golden Eagles ■ Migratory Birds OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh, NC 27607 (919) 856-4520 3of13 Project code: 2024-0089275 05/13/2024 12:51:35 UTC PROJECT SUMMARY Project Code: 2024-0089275 Project Name: Bright Sky Project Project Type: New Constr - Above Ground Project Description: Approximately 361 acres, Pharmaceutical manufacturing facility, Johnston County, NC Project Location: The approximate location of the project can be viewed in Google Maps: https:// www. oogle.com/maps/na35.61374205,-78.39720293377277,14z Counties: Johnston County, North Carolina 4of13 Project code: 2024-0089275 05/13/2024 12:51:35 UTC ENDANGERED SPECIES ACT SPECIES There is a total of 9 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. 5of13 Project code: 2024-0089275 05/13/2024 12:51:35 UTC MAMMALS NAME STATUS Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 BIRDS NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 AMPHIBIANS NAME STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6772 FISHES NAME STATUS Carolina Madtom Noturus furiosus Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/528 CLAMS NAME STATUS Atlantic Pigtoe Fusconaia mosoni Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 Green Floater Lasmigona subviridis Proposed There is proposed critical habitat for this species. Your location does not overlap the critical Threatened habitat. Species profile: littps:Hecos.fws.gov/ecp/species/7541 Yellow Lance Elliptio lanceolate Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/4511 INSECTS 6of13 Project code: 2024-0089275 05/13/2024 12:51:35 UTC NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Acti and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats, should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treated of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are likely bald eagles present in your project area. For additional information on bald eagles, refer to Bald Eagle Nesting and Sensitivity to Human Activity For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. 7of13 Project code: 2024-0089275 05/13/2024 12:51:35 UTC 1►@W hI 11.10 NI M 01101 M NWwe]►1 Bald Eagle Haliaeetus leucocepholus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. probability of presence breeding season I survey effort — no data SPECIES JAN$ FEB MAR APR MAY JUN JUL AUG SEP OCT $NOV DEC Bald Eagle Nan -BCC ��■� J�� ���� ���� ���� ■■ ■■■■ +++0 ■j�j■�� ■��� ■■�� Vulnerable Additional information can be found using the following links: ■ Eagle Management https://www.fws.gov/program/eagle-management ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds 8of13 Project code: 2024-0089275 05/13/2024 12:51:35 UTC ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf ■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- project-action MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Migratory Birds Treated Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Holioeetus leucocepholus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because Jul 31 of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Brown -headed Nuthatch Sitto pusilla Breeds Mar 1 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Jul 15 (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9427 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. https://ecos.fws.gov/ecp/species/9406 9of13 Project code: 2024-0089275 05/13/2024 12:51:35 UTC NAME BREEDING SEASON Chuck-will's-widowAntrostomus carolinensis Breeds May 10 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Jul 10 (BCRs) in the continental USA fittps://ecos.fws.gov/ecp/species/9604 Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. littps://ecos.fws.gov/ecp/sl)ecies/10678 Prairie Warbler Setophaga discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. https://ecos.fws.gov/ecp/species/9513 Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. https://ecos.fws.gov/ecp/species/9439 Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. https://ecos.fws.gov/ecp/species/9398 Southeastern American Kestrel Falco sparverius paulus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31 (BCRs) in the continental USA littps://ecos.fws.gov/ecp/species/4076 Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. https://ecos.fws.gov/ecp/species/9431 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) 10 of 13 Project code: 2024-0089275 05/13/2024 12:51:35 UTC Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. IF probability of presence breeding season I survey effort — no data SPECTES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle ++ 1�■1L +++++ +}+++ +++++ ++++ ++++++ +}+++ -11 1 I 1' +++ ++++ ++++ ■■■■ ■i■■ ■■ ■■ME ■■■■ Vulnerable Vulnerable .1 ■■■■ ■■1W ■■■■ � Nuthatcheaded 1111 Jill Jill Jill 111— —11— —v HU IN IN BCC -BCR Chney ft BC,CIRngw,ide +��� 1111 Jill 111111111111 IN-- — — — — +++— ++++ (CON) Chuck-will's-widow +++— ""+—'�+——+----- — III +++— ++++ BCC -BCR Eastern Whip -Poor - will ++++ +++ ++++ +++ + + 1111111P t** PIT *++ + ++++ ++++ ++++ + + BCC Rangewide 0 MEN& (CON) Prairie Warbler or ++++ ++++ ++++ +++' ���� Mom ++++++++$ ++++ ++++ ++++ ++++ BCC Rangewide NONE (CON) Prothonotary Warbler ++ 1 1 P+++ ++++ R% III 1 1 1-+# 11+-1 1 1 1 1 1 1 ++ ++++ ++++ ++++ BCC Rangewide (CON) Red-headed 111 Jill Jill IF+_Woodpecker + — J�_ —--- +++— ++++ BCC Rangewide (CON) *** **** Southeastern American Kestrel ++++ ++++ + �ttt tttt + ++++ ++++ ++++ BCC -BCR ++ ` ■ ■ ■■ME MEMO `. ++ + Wood ush BCC Ra igewide +""""""il'—+----- +++— ++++ (CON) 11 of 13 Project code: 2024-0089275 05/13/2024 12:51:35 UTC Additional information can be found using the following links: ■ Eagle Management https://www.fws.gov/program/eagle-management ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-migratory. ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf ■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- project-action 12 of 13 Project code: 2024-0089275 05/13/2024 12:51:35 UTC IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Drew Lucas Address: 328 East Broad Street Address Line 2: Suite D City: Statesville State: NC Zip: 28677 Email drewlucas@wetlands-waters.com Phone: 5405292580 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers 13 of 13 Legend Review Area Boundary of Destroyed/ SL districts & boundaries ♦ SL and DOE, Gone Surveyed Only individual * Surveyed Area, No ReviewArea Bufferl _ Removed NR Listing STATUS * DOEHD Center Point resources & centerpoints designation NR individual resources & SL individual resources & Stud List BoundaryStatus, 0 Y * SLDOEHD Center Point LocalStat, HDstatus * Surveyed Area in NHRD centerpoints centerpoints Both SL and • Surveyed Only Local individual resources & Status, LocalStat, HDstatus Status, LocalStat, HDstatus 0 Determined Eligible DOE districts & boundaries • Surveyed in NRHD centerpoints • NR Individual Listing ■ SL Individual Entry Boundary STATUS • Surveyed Only, Gone LocalStat ♦ SL and DOE entry DOE individual resources & Determined Eligible 0 ■ Local Landmark • NR Listing, Gone centerpoints Boundary Surveyed in NRHD, • Y * NRHD Center Point ■ Study List Entry, Gone Both DOE Study Gone N Local Landmark, Gone Status, LocalStat, HDstatus and 0 Blockface- Multiple NR districts &boundaries ♦ SL and DOE, Gone List Boundary + * Local HD Center Point ♦ Determined Eligible properties STATUS * SLHD Center Point ♦ DOE, Gone ♦ Blockface in NRHD . - - - 1-2 Local districts & boundaries National Register * SLDOEHD Center Point ♦ SL and DOE Boundary A t =I t .+ i m• — ire aA ' •� �l dP • ' 5 0 1,000 2,000 Feet Project Name: W eT�n Nos Owner/Developer: 1 s w.4 —, INc, City/County: NC State Historic Preservation Office Tm PIN(s): Coordinates: i Novo Nordisk Brightsky Expansion Now Nordisk Pharmaceutical Clayton/Johnston wv��a,®-mzo��.�nmasoaam.wRs�moova�m.�nmaso®s. �a.-7----- Acrea—.— Lat: 35.6155641Long:-78-78 IN VV+- S parno ' ownname 168700-25-4596 JOSEPH I. LEE JR. REVOCABLE TRUST 167804-71-1317 HILL, ROGER WILLIAM 167700-59-6259 LAMM MEDIA GROUP, INC. 167804-81-8399 RUIZ, OSCAR 167804-61-0681 GRIFOLS THERAPEUTICS LLC 167700-86-7827 CENTRAL CAROLINA REALTY, INC. 167804-81-4402 ISSA, YAZAN HASSAN 167804-91-0315 GAO AND LING REVOCABLE FAMILY TRUST 167800-40-6031 NOVO NORDISK PHARMACEUTICAL INDUSTRIES, LP 167804-81-9357 GANAPATHY NAGASUBRAMANIAN FAMILY TRUST 167800-70-2011 NOVO NORDISK PHARM IND 167804-91-3179 HAWKINS, CURNEL GREGORY 167804-41-9237 NOVO NORDISK PHARMACEUTICAL 168803-00-1901 BAGLEY, CHRISTOPHER E 168803-00-1874 DAVIS, RUSSELL C 168803-00-7535 PRICE, JOSHANE VENEQUA 167804-91-6094 BAILEY, LARRY 167804-91-2255 SNIPES, SHANNON DEBOSE 167804-91-1297 SFR ACQUISITIONS 3 LLC 167804-91-4154 BOLICK, TINA LYNNE 167804-91-0279 JAYARAMAN, VINOTHKUMAR 167804-81-8635 BODAPATI, SINDHUSHA 167804-81-7389 NICHOLSON, MATTHEW 167804-61-7520 SMITH, LARRY 167804-51-8252 POWHATAN FREE WILL BAPTIST 167804-61-9916 HILL, ROGER WILLIAM 167804-71-4452 POOLE, EARL WAYNE 167804-61-5488 SCOTT, TERESA SMITH 167804-71-2399 SMOOT, WARREN DOUGLAS 168803-00-1464 MONROE, LEON 168700-09-9574 SEEGERT, DAVID B 168700-19-0740 CHANDLER, GARY EDWARD 168700-09-8040 PETERSON, ANGELA Y 168700-18-1094 JOHN ALEXANDER WILSON JR REVOCABLE TRUST 168803-00-6800 GRIMES, TIMOTHY ALAN 167700-77-7495 MITCHELL, BETTY L 168803-00-3431 NOVO NORDISK PHARMACEUTICAL INDUSTRIES, LP 168700-09-8297 ELLIOTT, ZACHARY T 168803-00-5357 BAILEY, JOHN F. 167700-68-0854 JOHNSTON COUNTY INDUSTRIAL DEVELOPMENT CORPORATION 167700-59-3446 COULAN COMPANY, LLC 168700-08-8190 JOHN ALEXANDER WILSON JR REVOCABLE TRUST 168700-08-8514 JOHN ALEXANDER WILSON JR REVOCABLE TRUST 168700-09-8134 ROCHTE, NICOLAS DAVID 167804-91-5079 EVANS, DEREK B 168700-08-7882 JOHNSON, KEITH M 168803-10-8523 BURGESS, CHARLES 168803-00-8378 PERSON, ELIZABETH HILL 168700-19-1827 ALDRIDGE, ANNETTE H 168803-00-3728 BLASI, BARBARA A 167804-91-3212 ARROYO, ROBERTO JESUS RIVERA 167804-62-4440 ORRINGER, DAVID S. 168803-11-2453 PETIT, LARRY G. 168700-09-9430 ETHRIDGE, WILLIAM TRAVIS 167804-90-8982 BAILEY, LARRY 168803-10-1203 JOYNER, STERLING Adjoin ingLandowners I - 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