19970295 Ver 1_Notice of Violation_20091113

AJA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
November 13, 2009
Cape Fear Public Utility Authority
Mr. Matthew Jordan
235 Government Center Drive
Wilmington NC 28403
Subject: Ogden Interceptor
CONTINUING NOTICE OF VIOLATION WITH RECOMMENDATION
TO ENFORCE (NOV-2009-PC-816)
401 Water Quality Certification (DWQ # 1997-0295)
New Hanover County
Dear Mr. Jordan:
On October 6, 2009, the Cape Fear Public Utility Authority was issued a Notice of
Violation (NOV) for the project known as the Ogden Interceptor. The Division of Water Quality
(DWQ) received your written response to this NOV on November 5, 2009. The DWQ also
received a letter regarding this project from the U.S. Army Corps of Engineers (USACE) on
November 12, 2009, confirming the violations mentioned within the NOV. As such, the DWQ
has decided to prepare an enforcement case with recommendations for the assessment of civil
penalties for these violations. In addition, unauthorized impacts to 0.66 acres of 404 wetlands
have occurred at this site. This constitutes a failure to obtain a 401 Water Quality Certification.
A Pre-Construction Notification application is required to be submitted to DWQ prior to the
above-mentioned impacts pursuant to 15A NCAC 21-1.0500.
Required Response - Please respond to this letter in writing. Your response should include
the following:
1. Submit a Pre-Construction Notification application for any impacts that you desire to
remain in place within 30 days of the receipt of this letter. Written concurrence from the
DWQ is required for any of these impacts to remain.
2. All unauthorized impacts to wetlands that you do not wish to apply for must be restored.
Within 10 days of receipt of this letter, describe measures that are to be taken (with
a timetable for completion) to achieve this result.
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Phone [phone]
FAX [phone]
None hCarolina
Customer Servicel-877 623-67 None
Internet: h2o.enr.state.nc.us
2
Ogden Interceptor
New Hanover County
CNOV-2009-PC-0816
Your response to this letter will be considered in the enforcement process. These violations,
as detailed above, are required to be immediately and properly resolved and are subject to a civil
penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions
regarding these matters, please contact Chad Coburn at [phone].
Sincerely,
l -
Rick Shiver
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit, Archdale Building
Cyndi Karoly - 401 Oversight/Express Review Permitting Unit
Dave Timpy - USACE Wilmington Field Office
Emily Hughes - USACE Wilmington Field Office
Kipp Glazier - DWQ Wilmington
Steve Everhart - DCM Wilmington
WiRO