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Home My WebLink About20150465 Ver 2_Neuse Buffer Exception_20230224DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality February 24, 2023 DWR # 20150465v2 Johnston County Novo Nordisk Pharmaceutical Industries LP Attn: Mr. Chad Henry 3612 Powhattan Rd Clayton NC 27527 Delivered via email to: CHNR@novonordisk.com Subject: Buffer Authorization with Major Exception for Neuse River Riparian Buffer Impacts with Additional Conditions (15A NCAC 02B .0714) USACE Action ID. No. SAW-2015-00471 Dear Mr. Henry: You have our approval for the impacts listed below for the purpose described in your application dated received by the Division of Water Resources (Division) November 2, 2022 and subsequent information on December 6, 2022, December 15, 2022, January 6, 2023, January 25, 2023, and February 22, 2023. This letter shall serve as your Authorization Certificate with Minor Exception approval with conditions as authorized in 15A NCAC 02B .0611. This letter only addresses impacts to the regulated riparian buffer and does not approve any activity within Waters of the United States or Waters of the State, and does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and/or Stormwater regulations. The following impacts are hereby approved, provided that all of the Conditions listed below. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 95,794 (square feet) 0 (square feet) Buffers — Zone 2 63,862 (square feet) 0 (square feet) GDE NORTH CAROLINA Nwir m d of Emlronmentl Ooa;Ns.4000..." North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94 Novo Nordisk Pharmaceutical Industries LP DWR# 20150465v2 Buffer Authorization Certificate with Major Exception Page 2 of 4 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Authorization Certificate. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)] If you are unable to comply with any of the conditions below, you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0714]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. Additional Conditions: 1. Mitigation must be provided for the proposed impacts as specified in the table below. The attached Compensatory Mitigation Responsibility Transfer Form (Form) shall be completed and provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form from the Division prior to conducting any impacts. Compensatory Mitigation Required River and Sub -basin Number Neuse Buffer 383,174 square feet (credits) Neuse / 03020201 2. No additional impacts, other than exempt uses as identified within 15A NCAC 02B .0714 or impacts approved by a Buffer Authorization issued separately from this approval by the Division, shall occur within the protected riparian buffer unless approved. 3. The Permittee shall secure an approved stormwater management plan (SMP) from the Johnston County before any impacts authorized in this certification occur. The applicable portion of the approved SMP shall be constructed and operational before any permanent building or other permanent structure is occupied at the site. If any of the SCMs are used as an Erosion and Sediment Control device, it must be restored to the approved stormwater design condition within 30 days of close-out of the Erosion and Sediment Control Plan. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the presentation of proper credentials, the Division may inspect the property. This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and NORTH CAROLINP. ��`1 ueprlmenl of BMrunm9nfal Owl North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94 Novo Nordisk Pharmaceutical Industries LP DWR# 20150465v2 Buffer Authorization Certificate with Major Exception Page 3 of 4 Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization Certificate in accordance with N.C.G.S 150B-23(a). This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This Authorization Certificate shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user. This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR#20150465v2 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Sue Homewood at 336-813-1863 or sue.homewood@ncdenr.gov if you have any questions or concerns. Electronic cc: Sincerely, DocuSigned by: "-A43C72700BD543E... Katie Merritt, Acting Supervisor 401 & Buffer Permitting Branch Chris Huysman, Wetlands & Waters Chris Hopper, USACE Raleigh Regulatory Field Office DWR RRO DWR 401 & Buffer Permitting Branch electronic file D_E NORTH CAROLNA Oapar4nanl M E Mn nmunGl Oual Filename: 20150465v2 Novo Nordisk — Johnston — Neuse Exception.docx North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM February 24, 2023 Permittee: Novo Nordisk Pharmaceutical Industries LP DWR Project # 20150465 v2 Project Name: Novo Nordisk Site Capacity Expansion County: Johnston The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to satisfy the mitigation requirements set forth in the Buffer Authorization with Exception issued to Novo Nordisk Pharmaceutical Industries LP, dated February 24, 2023, as provided in the table below. Neuse Buffer Compensatory Mitigation 383,174 square feet (credits) River and 8-digit HUC Number Neuse / 03020201 The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before conducting any of the authorized impacts. The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will be debited using approved released or advance credits, and for all stream or wetland credits is in accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below, DMS is accepting full responsibility for the identified mitigation. As a reminder, no more than 25 percent of the total mitigation required by Division can be met through preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)). Signature Authority Name (print): Signature: Date: GDE NORTH CAROLINA Nwir m d of Emkonmentl Ooa;Ns.4000..." North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000