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HomeMy WebLinkAbout20070173 Ver 5_SAW-2015-02127 USACE Wetlands Permit 23May16_20161221Regulatory Division/1200A DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-7343 Action ID: SAW -2015-02127 23 May 2016 Mr. Gary Lohr Novo Nordisk Pharmaceutical Industries, Inc. 3612 Powhatan Road Clayton, North Carolina 27527 Mr. Timothy M. Little, P.E. North Carolina Department of Transportation — Division 4 509 Ward Boulevard Wilson, North Carolina 27895-1670 Dear Mr. Lohr and Mr. Little: In accordance with the written request of December 22, 2015, and the ensuing administrative record, enclosed is a Department of the Army (DA) Permit to authorize permanent discharge of fill impacts to 2.45 acres of jurisdictional wetlands associated with the propose construction of the Novo Nordisk Active Pharmaceutical Ingredient production facility and discharge of fill impacts to 3.01 acres of jurisdictional wetlands and 188 linear feet of jurisdictional stream channel associated with the proposed Gordon Road Access located approximately 0.5 mile east of the intersection of US 70 business and Powhatan Road, in Clayton, Johnston County, North Carolina. Any deviation in the authorized work will likely require modification of this permit. If a 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 notified 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, 2021. b. You must notify this office in advance as to when you intend to commence and complete work. - 2 - c. 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. You should address all questions regarding this authorization to Mr. John Thomas, in the Raleigh Regulatory Field Office, telephone number (919) 554-4884, extension 25. Thank you in advance for completing our Customer Survey Form. This can be accomplished by visiting our web -site at http://cort2smapu.usace.army.tniI/cm apex/f?p=136:4:0 +and completing the survey on-line. We value your comments and appreciate your taking the time to complete a survey each time you interact with our office. Sincerely, Kevin P. Landers Sr. Colonel, U.S. Army District Commander Enclosures Copy Furnished (with enclosures): Chief, Source Data Unit NOAA/National Ocean Service Attn: Sharon Tear N/CS261 1315 East-West Hwy., Rin 7316 Silver Spring, Maryland 20910-3282 Copies Furnished (with special conditions and plans): Mr. Pete Benjamin U.S. Fish and Wildlife Service Raleigh Ecological Service Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 - 3 - Mr. Fritz Rohde Habitat Conservation Division - Atlantic Branch 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Todd Bowers Wetlands and Streams Regulatory Section NC Regulatory and Surface Coal Mining U.S. Environmental Protection Agency - Region 4 Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303-8931 Mr. Doug Huggett Division Coastal Management N.C. Department of Enviromnent and Natural Resources 400Commerce Avenue Morehead City, North Carolina 28557 Dr. Pace Wilber Habitat Conservation Division - Atlantic Branch NOAA Fisheries Service 219 Fort Johnston Road Charleston, South Carolina 29412 DEPARTMENT OF THE ARMY PERMIT Permittee: Novo Nordisk Pharmaceutical Industries, Inc. —ATTN: Mr. Gary Lohr /North Carolina Department of Transportation Division 4 — ATTN: Mr. Timothy M. Little P.E. Permit No: SAW -2015-02127 Issuing Ofttce: USAED, WILMINGTON Project Description: The project, Novo Nordisk Active Pharmaceutical Ingredient production facility (API) & Gordon Road Access, consists of the construction of a new API facility and supporting Gordon Road Access resulting in unavoidable discharge of fill impacts to 2.45 acres of jurisdictional wetlands associated with the API facility and 3.01 acres ofjurisdictional wetlands and 188 linear feet of jurisdictional stream channel impacts associated with the supporting Gordon Road Access. In order to compensate for impacts associated with this permit, Novo Nordisk Pharmaceutical Industries, Inc. will provide payment to Resource Environmental Solutions, LLC (RES) for 4.90 riparian wetland mitigation units within the Neuse River Bashi (Cataloging Unit 03020201) for 2.45 acres of riparian wetlands associated with the API facility construction. The North Carolina Department of Transportation will provide payment to the North Carolina Department of Mitigation Service (DMS) for 376 warm water steam channel mitigation outs and 6.02 riparian wetland mitigation units within the Neuse River Basin (Cataloging Unit 03020201) for permanent loss impacts to 188 linear of feet of warn water stream channel and 3.01 acres of riparian wetlands associated with the Gordon Road Access construction. Project Location: The proposed project is located on a 269 -acre tract located approximately 0.5 mile east of the intersection of US 70 Business and Powhatan Road, in Clayton, Johnston County, North Carolina. Project Area (acres): 269 Nearest Town: Clayton River Basin: Neuse River Nearest Waterways: Little Poplar Creek LATITUDE & LONGITUDE: Latitude North: 35.616392; Longitude West: -78.402377. Permit Conditions General Conditions: 1. The time limit for completing the work authorized ends on December 31, 2021. 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 maintahn 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 pennit, 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, ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A)) 4. If you sell the property associated with this permit, you must obtain the signature of the new owner ht 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 anytime deemed necessary to ensure that it is behrg or has been accomplished in accordance with the terms and conditions of your permit, 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 I899 (33 U.S.C. 403). (X) Section 404 of the Cleary 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 aresult of current or future activities undertaken by or on behalf of the United States in the public interest. o. 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. e. Damage claims associated with any future modification, suspension, or revocation of this permit. *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425 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 terns 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 CPR 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 contact or otherwise and bill you for the cost. 6, Extensions. General condition I 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 arequest for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terns and conditions of this permit. TTN: MR. GARY LOHR pP f:42- Lok f2, 'RIES. INC. -77m. tF OF TRANSPORTATION - DIV 9 MR. TIMOTHY M. LITTLE, P.E. Mi4y7-01(a (DATE) (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. e cw— yv- (DIS , CT COMMANDER) KEVIN P. LANDERS SR., COLONEL (DA ) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terns and conditions of this permit will continue to be binding on the neer owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terns and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425 SPECIAL CONDITIONS ACTION ID SAW -2015-02127 NOVO NORDISK PHARMACEUTICAL INDUSTRIAL, INC. WORK LIMITS 1. CONSTRUCTION PLANS: All work authorized by this permit must be performed in strict compliance with the attached plans dated December 22, 2015, which are a part of this permit. Any modification to the plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2.UNAUTHORIZED DREDGE OR FILL: Except as authorized by this pert -nit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 3. MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. DEVIATION FROM PERMITTED PLANS: The permittee shall ensure that the construction design plans for this project do not deviate from the pennit plans attached to this authorization. Written verification shall be provided that the final construction drawings comply with the attached permit drawings prior to any active construction in waters of the United States, including wetlands. Any deviation in the construction design plans will be brought to the attention of the Corps of Engineers, Mr. John Thomas, Raleigh Regulatory Field Office, prior to any active construction in waters or wetlands. 5. PRECONSTRUCTION MEETING: The permittee shall schedule and attend a preconstruction meeting between its representatives, the contractors representatives, and the Corps of Engineers, Raleigh Field Office, Regulatory Project Manager, prior to any work within jurisdictional waters and wetlands to ensure that there is a mutual understanding of all the terms and conditions contained with this Department of Army Permit. The permittee shall provide the USACE, Raleigh Field Office, Project Manager, with a copy of the final permit plans at least two weeks prior to the preconstruction meeting along with a description of any changes that have been made to the project's design, construction methodology or construction tinneframe. The permittee shall schedule the preconstruction meeting for a timeframe when the USACE and NCDWR Project Managers can attend. The permittee shall invite the Corps and NCDWR Project Managers a minimum of thirty (30) days in advance of the scheduled meeting in order to provide those individuals with ample opportunity to schedule and participate in the required meeting. SPECIAL CONDITIONS ACTION ID SAW -2015-02127 NOVO NORDISK PHARMACEUTICAL INDUSTRIAL, INC. RELATED LAWS 6. WATER QUALITY CERTIFICATION: The North Carolina Division of Water Resources (NCDWR) permit/certification number WQC004051 was issued for this project on April 26, 2016. Special conditions were issued associated with this water quality permit/certification and a copy of these conditions is attached as Exhibit A. These referenced conditions are hereby incorporated as special conditions of this permit. 7. WATER CONTAMINATION: All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-3300 or (800) 858-0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will he followed. PROJECT MAINTENANCE 8. NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION: The permittee shall advise the Cops in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 9. CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act, 10. PERMIT DISTRIBUTION: The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project Site during construction and maintenance of this project. 11. SILT -FENCING: The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). SPECIAL CONDITIONS ACTION ID SAW -2015-02127 NOVO NORDISK PHARMACEUTICAL INDUSTRIAL, INC. 12. PERMIT REVOCATION: The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and maturer as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 13. EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove all sediment and erosion control measures placed in wetlands or waters, and shall restore natural grades in those areas, prior to project completion. ENFORCEMENT 14, REPORTING ADDRESS: All reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division, Raleigh Regulatory Field Office, c/o Mr. John Thomas, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587, and by telephone at: 919 554-4884, ext. 25. The Permittee shall reference the following permit number, SAW -2015-002127, on all submittals. 15. REPORTING VIOLATIONS OF THE CLEAN WATER ACT AND RIVERS AND HARBORS ACT: Violation of these conditions or violation of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District, U.S. Army Corps of Engineers, within 24 hours of the permitee's discovery of the violation. 16. COMPLIANCE INSPECTION: A representative of the Corps of Engineers wilt periodically and randomly inspect the work for compliance with these conditions. Deviations from these procedures may result in an administrative financial penalty and/or directive to cease work until the problem is resolved to the satisfaction of the Corps. 17. COMPENSATORY MITIGATION: In Lieu Fee: In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Fonn. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 18. PROHIBITIONS ON CONCRETE: The permittee shall take measures to prevent live or fresh concrete, including bags of uncured concrete, fiom coming into contact with any water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to aquatic organisms (concrete is set and cured). 20. TEMPORARY FILLS: Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The affected areas must be revegetated, as appropriate. ice' yI y t"'y.?YS[;; +£.<Y'jFS}t 1 \t"'I% E2$�1i iYor - Imno-w Applicant: Novo NordislcPharmaeeuticalIndustries, File Nwnber: SAW-2015-021.27 Date: May 9, 2016 Inc. , Gat y Loht / NC DOT Division 4, Tinmth M. Little Attached is: See Section below ® INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SEGTIOl��` The fohowmg tdentrfies yom nglits andoptions regardilig an adminiStratrve apl eal oftlie above decision Additional mformatton may be foundat hltn //wCvty ttsace armynet/functions/cwleecwo/rem ot. regulations at 33GF_R Part>331 A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit. ® ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. e OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal tate permit o ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. a APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. o ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. ® APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of thus notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: John Thomas, 69 Darlington Avenue, Wilmington, North Carolina 28403 t _ S1?CTIONrII :REQIJEST'FOR APPEAL or ;OBJEGTIONSTO AN INITIAL PROFF.ERBD PERMIT," REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the.Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. E©I13T�OFzC,ONTsAG1;F,OR QUESTIONS,ORINF'ORMA;TION 1 If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Div. Mr, Jason Steele, Administrative Appeal Review Officer Attn: Mr. John Thomas CESAD-PDO 3331 Heritage Trade Drive, Suite 105 U.S. Army Corps of Engineers, South Atlantic Division Raleigh, North Carolina 27587 60 Forsyth Street, Room 10M15 Phone: (919) 554-4884, extension 25 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunil to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: John Thomas, 69 Darlington Avenue, Wilmington, North Carolina 28403 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Novo Nordisk Pharmaceutical industries, Inc. / Gary Lohr Action ID: SAW -2015-02127 Project Name: Novo Nordisk Pharmaceutical Active Ingredient Production Facility County: Johnston Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the pennit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (NUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact Information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted impacts and Compensatory Mitigation Requirements: Permitted Imuacts Reauirinv Mitigation" 8 -digit HUC and Basin: 03020201, Neuse River Basin Stream impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 2.45 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool I old Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 4.90 Mitigation Site Debited: Neu -Con Umbrella Bank: 3.28 credits from Howell Woods & 1.62 credits from Arrington Bridge III (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are currently available at the mitigation site Identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name of Sponsor's Authorized Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 October, 2013 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: o Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Pennittee remains responsible for any other mitigation requirements stated in the permit conditions. o Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE Is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within Jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. o Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. o If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and Included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to; 1) the permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, wake Forest, NC 27587 (entail; todd.tugweil@usace.army.tnil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: John Thomas USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27557 Email: john.t.thomas,jr r@i tlsace.army.inil Project Manager June 9, 2016 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (Including stream temperature and wetland groupings) is available at httn://ribltSAISace.armyj1j. Page 2 of 2 The Wilmington District Is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction survey located at our website at http:l/regulatory.usacesurvey.com/ to complete the survey online. U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: North Carolina Department of Transportation /Timothy M. Little, P.E. Action ID: SAW -2015-02127 Project Name: Gordon Road Access County: Johnston Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Amey Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03020201, Neuse River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian I Coastal 376 I Coastal 188 1 6.02 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian I Coastal 188 3.01 Mitigation Site Debited: NCEEP (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: 1, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 October, 2013 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: a Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. o Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. a Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. > If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included In the USACE administrative records for both the permit and the Bank/I LF. Instrument, Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated hank ledger to: 1J the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (ernalk todd.tagwe11@usace.ar1ny.ml1). questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: John Thomas USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 10S Wake Forest, North Carolina 27587 Email; john.t.thomas.jr@ usace.army.nmil Project ate of ignature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at htto://ribits.usace.army mil. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help use nsure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http:/Lregu[atory.usacesuNgy.com/­ to complete the survey online. l� . I III F E2OFFICE `. I�uu 0 u�n I� V oauo _ _ NORTH CAROLINA RAMI aoiwret.yio�zrapnc;s--uzxnuso ngrsz va vzt:dz ry)Gw vz-zv�vz3 3r p� ntw er �rrszex 01 0 250' 500' Y 1000' 1500' 2000' 1 O EPDEE Engineering Professional Corporation too �«oamel GiO. Gme wje, SC 07 r� Ino Novo Nordisk o nordisle Diabetes API -US COUNTY: JOHNSTON NomN --k A5 I CIVIL WATERWAY: Pvnbvat @uai DUCF OH fATION PHASE I RECOVERY a RECOVERY I•••,•..•Y,••E••••,..•..'•/...ft cl ¢'lFbRM1 Caro✓ia um IXann CIT ° "' APz OVERALL SITE PLAN DATE OF PUBLIC NOTICE: sem: ""'""� WETLAND IMPACT Pa .. D ® . :e RHnsEzoF cEicowxm 'tcii%iE:i'lH E2OFFICE `. I�uu 0 u�n I� V oauo _ _ NORTH CAROLINA RAMI aoiwret.yio�zrapnc;s--uzxnuso ngrsz va vzt:dz ry)Gw vz-zv�vz3 3r p� ntw er �rrszex 01 0 250' 500' Y 1000' 1500' 2000' 1 O EPDEE Engineering Professional Corporation too �«oamel GiO. Gme wje, SC 07 r� "742 Ino Novo Nordisk o nordisle Diabetes API -US COUNTY: JOHNSTON NomN --k A5 Geafwn tlale: 28 Is Reaizbntlate: CIVIL WATERWAY: Pvnbvat @uai 1]DEC15 RIVER BASIN: NEUSE RIVER cl ¢'lFbRM1 Caro✓ia um IXann CIT ° "' APz OVERALL SITE PLAN DATE OF PUBLIC NOTICE: sem: ""'""� WETLAND IMPACT Pa .. USACE # SAW -2015-02127 "742 FIGURE 2 0 50' 100' 200' 300' 400' 500' I I I I I I I PLANT ENTRANCE COUNTY:JOHNSTON WATERWAY: RIVER BASIN: NEUSE RIVER DATE OF PUBLIC NOTICE: IMPACT AREA #1 WETLAND FILL = 2.18 AC VOLUME FILL = 10,558 CU YD ---------.-L---- ------------1 PHASE 2 PRODUCT ION PHASE 2 OFFICE/GOWNING/QC L, Novo Nordisk %novonordisl DiabetesAPI- ?W.n 1bldzkA PuArF Road a'I.. Res caroms us sC 2W7 u n No. Cu742 CIVIL IMPACT 1 DETAIL USACE # SAW -2015-02127 20F5 FIGURE 3 REV 1 0 50' 100' 200' 300' 400' 500' 7APR16 I I I I I I I ® PHASE ® pw 1a PHASE 2 RECOVERY RECOVERY IMPACT AREA #2 WETLAND FILL = 1.15 AC VOLUME FILL = 7500 CU YD SPINE PARK O a FN A0EFDEEEnMg!m..m now nordisK COUNTY: JOHNSTON �,e,orwczews WATERWAY: P° ,. Ro.d RIVER BASIN: NEUSE RIVER ..rwm,caroro, DATE OF PUBLIC NOTICE: �� FERMEN TATION PARKING K29 7License No.G0742 Nordisk tes API -US e: 2eocris L CIVIL e: cir cly IMPACT2 z DETAIL cw,Pw° USACE # SAW -2015-02127 FIGURE 3 FIGURE 4 REV 1 0 50' 100' 200' 300' 400' 500' 7APR16 I I I I I Imm=I IMPACT AREA #3 WETLAND FILL = 1.07 AC VOLUME FILL = 18,988 UTILITY — CORRIDOR -7( COUNTY: JOHNSTON WATERWAY: RIVER BASIN: NEUSE RIVER DATE OF PUBLIC NOTICE: I•' anaa n'an'a e / n n an s a n ynn •. (= n � � n eIMPACT AREA #V�l WETLAND FILL = 0. ' VOLUME FILL = 823 PHASE la o � o non CENTRAL UTILITY BUILDING n n WETLAND FILL = 0.11 AC VOLUME FILL = 887 CU YDEL CA Amy SU STAECTR'T ON �) HOUSEE �I III I, ,,, I\I O O 00 O -7( COUNTY: JOHNSTON WATERWAY: RIVER BASIN: NEUSE RIVER DATE OF PUBLIC NOTICE: I•' anaa n'an'a e / n n an s a n ynn •. (= n � � n eIMPACT AREA #V�l WETLAND FILL = 0. ' VOLUME FILL = 823 PHASE la o � o non CENTRAL UTILITY BUILDING n n WETLAND FILL = 0.11 AC VOLUME FILL = 887 CU YDEL CA Amy SU STAECTR'T ON �) HOUSEE �I III I, ,,, I\I FIGURE 5 0 50' 100' 200' 300' 400' 500' J ELECT. CENTRAL SUBST UTILITY A BUILDING IMPACT AREA #6 WETLAND FILL = 0.50 AC ° F VOLUME FILL = 12,100 CU YD STORMWATER ° 'a MANAGEMENT ° BASIN No.1 ° ° IMPACT AREA #7WETLAN VOLUME DILLLL 484 CU YDa a WETLAND IMPACTS , ' ° d ASSOCIATED WITH GORDON ° ROAD ACCESS WITHIN THE HATCHED AREA u° WILL BE DESIGNED. CONSTRUCTED, AND IMPACTS MITIGATED BY NCDOT °PROPOSED ACCESS ' ' ROAD COUNTY: JOHNSTON WATERWAY: RIVER BASIN: NEUSE RIVER DATE OF PUBLIC NOTICE: Hartshorn, Jason From: Reed, Beth Sent: Tuesday, April 12, 2016 5:25 PM To: 'John.T.Thomas.JR@usace.army.mil';'Burdette, Jennifera' Cc: 'Jean. B.Gibby@usace.army. mil'; Coggins, Tony C; galo@novonordisk.com; 'David.J.Bendzin@fluor.com'; Hartshorn, Jason;'Jonathan.Heald@fluor.com' Subject: Novo Nordisk - 404 Permit Info (SAW 2015-02127)/401 Permit Modification (DWR 07-0173 v2) Attachments: Revised Wetland Permit Drawing 3.pdf; Revised Wetland Permit Drawing 4.pdf; Novo Nordisk revised permit impact tables 04.12.pdf; Neu -Con SOA Bright Sky 041216.pdf John and Jennifer, On behalf of our client, Novo Nordisk, we would like to submit the following revised riparian wetland impact quantities (a 0.14 acre increase) associated with the interior roadway network for the Novo Nordisk pharmaceutical facility. These increases are the result of the final roadway elevations and slope stakes as shown on the attached/revised permit drawings. It is my understanding that these revised numbers will be incorporated into the pending 404 permit and will require a modification to the previously issued 401 WQC. As you are aware, NCDOT is conducting the roadway design for the Gordon Road access and once that design is completed will submit a separate permit modification request as required. The specific impact changes resulting in the 0.14 acre increase are as follows: Impact Area Original Fill Area Revised Fill Area Original Fill Volume Revised Fill Volume 1.10 AC 1.15 AC 7098 CY 7500 CY 1.00 AC 1.07 AC 17746 CY 18988 CY 0.10 AC 0.12 AC 807 CY 823 CY This change will increase the jurisdictional wetland impacts associated with the pharmaceutical facility from the originally proposed 2.31 acres to 2.45 acres and the overall project impacts (pharmaceutical facility and Gordon Road Access) from 5.32 acres to 5.46 acres. All of the impact tables that were submitted as part of the Individual Permit Support document have been revised to reflect these changes (attached- tracked changes). In addition, Novo Nordisk will be utilizing Resource Environmental Solutions, LLC (RES) — EBX-Neuse 1, LLC Wetland mitigation bank to provide the required mitigation credits forthe 404/401 permit for impacts associated with the pharmaceutical facility. RES's statement of availability for the required 4.9 acres of mitigation credits is attached. As specified in the permit application, Novo Nordisk, working under an agreement with NCDOT, will be responsible for mitigation associated with impacts resulting from construction of the Novo Nordisk facility only. NCDOT will be responsible for the mitigation associated with impacts limited to the Gordon Road Access only. Thank you all the effort getting this permit application processed. Your assistance and timely reviews are greatly appreciated. If you have any questions or need any additional information, please give me a call. Beth Table 3. Wetlaud and Stream Impact Summary Impact Feature Feature Type of Permanent Mitigation Site ID Type Impact Impact Ratio 5 WA* Headwater Fill 0.11 2:1 Forest 6 WA** Headwater Fill 0.50 2:1 Forest 7 WA** Headwater Fill 0.02 2:1 Forest 3 WB* Headwater Fill 400 2:1 Forest 1.07 3 WB* Headwater Fill 040 2:1 Forest 0.12 8 WD** Headwater Fill 2.40 2:1 Forest 9 WD** Headwater Fill 0.01 2:1 Forest 2 WE* Headwater Fill 440 2:1 Forest 1.15 1 WG* Basun Fill 2.18 1:1 Wetland 10 WJ** Headwater Fill 0.08 2:1 Forest 9 SA** Perennial Culvert 188 2:1 Stream Construction impacts associated with the API production facility construction ** Construction impacts associated with the Gordon Road Access Table 4. On -Site Alternatives Considered Table 6. Total Project Impacts (Preferred On -Site Alt and Gordon Road Alt) USACE NCDWR Jurisdictional Jurisdictional Jurisdictional Gordon Road Jurisdictional Neuse River Alternative Wetlands Isolated Access Wetland Stream Riparian Impact (10 Impact Wetlands Impacts North Impact (lf) Buffer Impact (sq. feet) (acres) Impact (acres) of Railroad (sq. feet) Preferred 2, n 2.18 188 Zone 1- none Alternative 2.45 2.18 Zone 2- 7,756 None Zone 2- none Zone 1- none Alternative 1 5.95 2.18 0.47 None Zone Z- none Zone 1- none Alternative 2 4.16 2.18 0.37 None Zone 2- none Zone 1- none Alternative 3 4.16 2.18 5.07 None Zone 2- none Zone 1- none Alternative 4 0.72 2.18 0.37 None Zone 2- cone Zone 1- none Alternative 5 1.20 0.28 0.37 None Zone 2- none Zone 1- none Alternative 6 0.72 0 0.37 None Zone 2- none Table 6. Total Project Impacts (Preferred On -Site Alt and Gordon Road Alt) USACE NCDWR Jurisdictional Jurisdictional Jurisdictional Neuse River Alternative Wetlands Isolated Stream Riparian Impact Wetlands Impact (10 Buffer Impact (acres) Impact (acres) (sq. feet) Overall 3-32 Zone 1- 11,570 Preferred 2.18 188 Alternative 5.46 Zone 2- 7,756