Request for a Major Variance from the Neuse Riparian Area Protection Rules    Novo Nordisk Pharmaceuticals, Inc. 3612 Powhatan Road Clayton, NC July 8, 2015

Site - USGS Topo SITE Source: 2013 Powhatan USGS 7.5-minute Topographic Map

Site - Soil Survey SITE Source: Natural Resources Conservation Service Johnston County Soil Survey Map

Site Setting Source: Johnston County GIS 2013 Aerial

Project History February 25, 1991 Purchased subject property November 29, 2004 (Re-issued December 6, 2004) Major Variance issued for expansion of production facility Total Zone 1 & 2 Buffer Impacts = 30,191 sq ft Mitigation: 72,651 sq ft buffer credits purchased May 11, 2015 Major Variance application submitted for roadway & loading dock expansion and perimeter fence Zone 1 Impacts = 9,918 sq ft Zone 2 Impacts = 6,924 sq ft Total Impacts = 16,824 sq ft

Property Source: Johnston County GIS 2013 Aerial

Site Plan N

Impact Map N B3: Perimeter Fence Permanent Clearing Zone 1 600 sf Total 1,000 sf

Existing Conditions

Proposed Mitigation Truck Dock Permanent Impacts: Zone 1 Zone 2 2,396 sq ft 1,070 sq ft Total 3,466 sq ft Mitigation Required: 2,396 x 3 = 7,188 sq ft 1,070 x 1.5 = 1,605 sq ft Total 8,793 sq ft Mitigation Proposal: Private Mitigation Bank Buffer Credits 8,793 sq ft Stormwater Plan: Stormwater to be routed to existing SW wetland BMPs

Findings of Fact Pursuant to 15A NCAC 02B .0233 (9)(c), the Division of Water Resources makes the preliminary finding that the major variance request demonstrates the following: practical difficulties or unnecessary hardships are present, the harmony and spirit of buffer protection requirements are met, and the protection of water quality and substantial justice have all been achieved in accordance with 15A NCAC 02B .0233 (9)(a).

Findings of Fact - (9)(a)(i) Practical difficulties or unnecessary hardships are present: No Reasonable Return or Use of Property Resolve developing safety and efficiency issues Currently utilizing Limited space to address issues Results from the application of Rule Due to the physical nature Tributary bisects existing facility and parking X  

Findings of Fact - (9)(a)(i) Not cause by violating this Rule Purchased property prior to the effective date of Rule Unique to property Existing facility constructed between railroad and tributary Any expansion would require impacts to buffer   

Findings of Fact - (9)(a)(ii) The variance is in harmony with the general purpose and intent of the State’s riparian buffer protection requirements and preserves its spirit Purpose is to protect existing riparian buffer areas Resolution of safety and efficiency issues not possible without impacts to the buffer Propose to purchase 8,793 buffer credits to mitigate impacts Stormwater runoff treated by existing SW Management system

Findings of Fact - (9)(a)(iii) In granting the variance, the public safety and welfare have been assured, water quality has been protected, and substantial justice has been done. Propose to purchase 8,793 buffer credits to mitigate impacts Stormwater runoff treated by existing SW Management system

DWR Recommendation DWR recommendation is that the Water Quality Committee grant this major variance request. If the Water Quality Committee approves this request, the Division recommends approval with the following conditions or stipulations: Mitigation The applicant shall provide mitigation for the proposed impacts by purchasing 8,793 buffer credits from one of the EBX Buffer Mitigation Banks located within the Upper Neuse subbasin (HUC 03020201) as indicated in the application. Stormwater Management Plan Before any impacts occur, the applicant shall provide a copy of the modified SMP with proof of Johnston County’s approval to DWR

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