20070173 Ver 6_Public Notice_20240724

i i
PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: July 24, 2024
Comment Deadline: August 23, 2024
Corps Action ID Number: SAW-2015-00471
The Wilmington District, Corps of Engineers (Corps) received an application on June
27, 2024, from Novo Nordisk seeking Department of the Army authorization to
discharge dredged or fill material into potential waters of the United States, including
wetlands, a portion of which would be after the fact, associated with the expansion the
existing Novo Nordisk Facility, commonly known as Project Brightsky, in Clayton, in
Johnston County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
https://www.saw. usace. army. m it/Missions/Requlatory-Perm it-Program/Public-Notices/
Applicant: Novo Nordisk
Mr. Larry Lane
2641 Powhatan Road
Clayton, North Carolina 27520
AGENT (if applicable)
Authority
Wetland and Waters, Inc.
Mr. Perry Isner
328 East Broad Street, Suite D
Statesville, North Carolina 28670
The Corps evaluates this application and decides whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
❑x Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
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❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
Location
Location Description- As depicted in Figure 1, the proposed expansion of the existing
Novo Nordisk Facility, commonly known as project Brightsky (Project), is situated in
Clayton, in Johnston County, North Carolina. Specifically, the total Project area (Site)
(comprised of Johnston County PINs- 05JO6001A and 05J05030G) is approximately
553 acres and is located primarily north of the North Carolina Railroad/Norfolk Southern
rail line and south of Powhatan Road (SR 1901).
Project Area (acres)- -553
Nearest Town- Clayton
Nearest Waterway- Little Poplar Creek
River Basin- Neuse
Latitude and Longitude- 35.614338 N,-78.396031 W
Figure 1
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Y amtro xr., mt r'8
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Existing Site Conditions
The Site is located within the Upper Neuse sub -watershed in the Neuse River Basin
(Hydrologic Unit Code [HUC] 03020201). The Site drains to Little Poplar Creek (Stream
Index: 27-41-1) which is designated as a WS-IV; NSW water (Water Supply IV, Nutrient
Sensitive Waters) by the North Carolina Department of Environmental Quality
(NCDEQ). The Site is bound by residential communities to the north, industrial and
commercial land use to the south and west, and undeveloped woodlands and
agricultural land use to the east.
The Site is comprised of an existing pharmaceutical facility, mowed/maintained areas,
and hardwood pine forest. The hardwood pine forest community consists of a mixture of
mature red maple (Acer rubrum), tulip poplar (Liriodendron tulipifera), sweetgum
(Liquidambar styraciflua), and loblolly pine (Pinus taeda). The herbaceous stratum
contains mowed and maintained areas with sparse groundcover in the hardwood pine
forest.
Primary wetland hydrology indicators such as high water table and saturation were
observed within the wetland area. The dominant trees/sapling/shrubs observed at
wetland determination data form locations included loblolly pine, red maple, and
sourwood (Oxydendrum arboreum). Dominant groundcover species observed consisted
of American strawberry bush (Euonymus americanus) and netted chainfern
(Woodwardia areolata). Soils within wetlands at the data form locations are sandy in
texture and appear to meet the sandy redox hydric soil indicator.
Based on information obtained from the United State Department of Agriculture (USDA)
Natural Resources Conservation Service (NRCS) Soil Survey for Johnston County, the
Soils within the Site are comprised of 10 soil mapping units summarized in Table 1
below.
Table 1
Map Unit
Symbol
Map Unit Name
GoA
Goldsboro sandy loam, 0 to 2 percent slopes
Ly
Lynchburg sandy loam, 0 to 2 percent slopes
MaB
Marlboro sandy loam, 2 to 8 percent slopes
McB
Marlboro -Cecil complex, 2 to 8 percent slopes
NoA
Norfolk loamy sand, 0 to 2 percent slopes
NoB
Norfolk loamy sand, 2 to 6 percent slopes
Ra
Rains sandy loam, 0 to 2 percent slopes
Tn
Toisnot loam, 0 to 2 percent slopes
VrA
Varina loamy sand, 0 to 2 percent slopes
VrB
Varina loamy sand, 2 to 6 percent slopes
The applicant requested a combination Approved Jurisdictional Determination (AJD)
and Preliminary Jurisdictional Determination (PJD) for the Site in October 2023. The
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Corps previously issued four (4) Jurisdictional Determinations for various portions of the
Novo Nordisk property (Table 2). The Corps previously verified the use of two (2)
Nationwide Permits (NWPs) and issued two (2) Standard Permits (SPs) for various
portions of the Novo Nordisk facility (Table 3).
Table 2. Previous Jurisdictional Determinations
Action ID
Type
Issue Date
Expiration Date
SAW-2001-20901
AJD
June 13, 2001
June 13, 2006
SAW-2015-02127
AJD
January 6, 2016
January 6, 2021
SAW-2017-00814
PJD
November 22, 2017
N/A
SAW-2021-02032
PJD
February 2, 2022
N/A
Table 3. Previous Permit Actions
Date Verified/
Wetland
Stream
Action ID
Permit Type
Issued
Project Description
Impacts (acre)
Impacts
(linear feet)
Facilitates an expansion of
SAW-2004-20153
NWP 39
November 2004
the Novo Nordisk facility
---
229
west of Powhatan Road
Widening of an existing
SAW-2015-00471
NWP 39
October 2015
roadway related to the Novo
77
Nordisk facility west of
Powhatan Road
Construction of the Novo
Nordisk Active
SAW-2015-02127
SP
May 2016
Pharmaceutical Ingredient
2.45
188
production facility to the east
of Powhatan Road
Construction of
pharmaceutical production,
SAW-2015-00471
SP
June 2023
storage, parking facilities,
0.83
1,642
and access roads related to
the Novo Nordisk facility
east of Powhatan Road
Applicant's Stated Purpose
The project purpose as stated by the applicant is to construct a Fill and Finish (FF)
facility in order to increase the capacity to provide diabetic medication throughout the
United States.
The applicant stated that during Covid-19 Pandemic, the safe supply of diabetic
products reached single digit days on hand. According to the applicant normal safe
supply for diabetic products is 60 days on hand. The Clayton FF facility is proposing to
undergo a significant expansion to increase production capacity to meet this demand.
Project Description
In order to meet the stated purpose the applicant proposes to develop the Project. This
development would address a portion of the existing demand for diabetic medication in
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United States. Novo Nordisk experienced significant disruption of their supply chain
during the Covid-19 pandemic. This expansion would ensure that inventory levels of raw
materials, intermediates, and finished products are maintained at sufficient levels to
greatly reduce any potential disruption in providing life-saving medications to their
customers.
The proposed campus would provide additional areas for the manufacturing,
professional support services associated with the production of Active Pharmaceutical
Ingredients, the FF Facility, electrical substations, and a Waste Water Pre -Treatment
Facility (WWPTF). The site currently supports approximately 1.3 million square feet of
facilities and would grow with the new FF facility to approximately 2.5 million square
feet. Employment would increase from 1,750 to 3,600 personnel. The campus would
operate continuously, producing and packaging life-saving medicines.
The proposed project would involve the permanent discharge of fill material into 17.31
acres of wetlands and 0.163 acre (1,030 linear feet) of stream associated with lot fill, as
well as 1.13 acres of wetlands and 0.047 acre (247 linear feet) of stream for road
crossings. One of the proposed road crossings (approximately 0.389 acre of wetlands
and 0.012 acre of stream) was constructed prior to receipt of Department of the Army
authorization for this project and would be considered an after the fact portion of the
activity.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or and
minimize impacts to the aquatic environment:
The applicant states that the project has been designed to minimize impacts to
potentially jurisdictional features throughout the primary riparian corridor to the greatest
extent possible. The proposed 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. Two additional impacts are proposed for the
primary perimeter circulation road for the facility. The proposed discharges at impact
sites 1.04, 1.010, 1.011, and 1.012 (17.14 acres of wetlands) are to areas that the
applicant believes to be non jurisdictional wetlands; an AJD is currently being processed
for those features, and no determination has been made by the Corps at this time.
Additionally, the application states that the required parking for the expanded facility
would be -1,500 spaces. The applicant has proposed to construct a multi -level parking
deck rather than pursuing traditional horizontal parking to avoid impacts at this location.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
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The applicant proposes to provide compensatory mitigation at a 2:1 mitigation to impact
ratio for the loss of all potentially jurisdictional streams and wetlands.
The applicant proposes to purchase 2,554 warm -water stream credits and 2.6 riparian
non-riverine and 34.28 non -riparian wetland credits from a combination of available
private mitigation banks and the North Carolina Division of Mitigation Services
(NCDMS) in lieu fee program. The proposed compensatory mitigation plan is
summarized in Tables 4 and 5 below.
Table 4. Stream Compensatory Mitigation
Stream
Stream
Proposed
Proposed Mitigation
Impact #
Impact (linear
Impact
Mitigation
Credits
feet)
(acre)
Ratio
1.01
1,030
0.16
2:1
2060
1.06
69
0.02
2:1
138
1.07
80
0.02
2:1
160
1.08
98
0.01
2:1
196
Totals:
1,277
0.21
Z554
Table 5. Wetland Compensatory Mitigation
Impact #
Wetland
Impact acre
Proposed
Mitigation Ratio
Proposed Mitigation
Credits
1.01
0.01
2:1
0.02
1.04
0.56
2:1
1.12
1.06
0.18
2:1
0.36
1.07
0.52
2:1
1.04
1.08
0.43
2:1
0.86
1.09
0.16
2:1
0.32
1.010
0.07
2:1
0.14
1.011
2.15
2:1
4.30
1.012
14.36
2:1
28.72
Totals:
18.44
36.88
Essential Fish Habitat (EFH)
The Corps' determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C
of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix
C, the District Engineer consulted district files and records and the latest published
version of the National Register of Historic Places and initially determines that:
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❑x No historic properties (i.e., properties listed in or eligible for inclusion in the
National Register of Historic Places) are present within the Corps' permit area;
therefore, there will be no historic properties affected. The Corps subsequently
requests concurrence from the SHPO and/or THPO.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps -identified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
❑x For the proposed project, the Corps has made the following determination for
federally listed endangered or threatened species or their formally designated
critical habitat: May Affect, Not Likely To Adversely Affect
❑x By copy of this public notice, the Corps initiates consultation under Section 7 of
the ESA and will not make a permit decision until the consultation process is
complete.
Table 6. Endangered Species Act Effect Determinations
Species
Status
Effect Determination
Red -cockaded woodpecker
Endangered
No Effect
Picoides borealis
Neuse River waterdog
Threatened
MA-NLAA'
(Necturus lewisi)
Carolina madtom
Endangered
MA-NLAA'
(Noturus furiosus)
Atlantic pigtoe
Threatened
MA-NLAA'
(Fusconaia masons)
Dwarf wedgemussel
Endangered
MA-NLAA'
(Alasmidonta heterodon)
Yellow lance
Threatened
MA-NLAA'
(Elliptio lanceolata)
1 May Affect Not Likely to Adversely Affect
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the
appropriate State agencies for review.
North Carolina Division of Water Resources (NCDWR):
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❑x The Corps will generally not make a final permit decision until the NCDWR
issues, denies, or waives the state Certification as required by Section 401 of
the Clean Water Act (PL 92-500). The receipt of the application and this public
notice at the NCDWR Central Office in Raleigh constitutes initial receipt of an
application for a 401 Certification. Unless NCDWR is granted a time review
extension, a waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within 180 days of the date of this public notice.
Additional information regarding the 401 Certification may be reviewed at the
NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
Street, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments should do so in writing, within 30 days of the issue date of the notice
by emailing comments to [e-mail] with the subject line of
"401 Water Quality Certification" or by mail to:
NCDWR Central Office
Attention: Stephanie Goss, 401 and Buffer Permitting Branch
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-
1617
Or,
(Physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
North Carolina Division of Coastal Management (NCDCM):
❑x Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management
(CZM) Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative
effects thereof; among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, historic properties, fish and wildlife values, flood
hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation,
water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare of the
people. For activities involving the discharge of dredged or fill materials in waters of the
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United States, the evaluation of the impact of the activity on the public interest will
include application of the Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State, and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and
evaluate the impacts of this proposed activity. Any comments received will be
considered by the Corps of Engineers to determine whether to issue, modify, condition,
or deny a permit for this proposal. To make this decision, comments are used to assess
impacts on endangered species, historic properties, water quality, general
environmental effects and the other public interest factors listed above. Comments are
used in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing will be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, August 23, 2024. Comments should
be submitted to Matthew Martin, Raleigh Regulatory Field Office, 3331 Heritage Trade
Drive, Suite 105, Wake Forest, North Carolina 27587, or via email at
Matthew. K.Martin @usace.army. mi1. The Corps Project Manager can be contacted at
[phone]. Comments may also be submitted to Raleigh [e-mail]. mi1.
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