19970295 Ver 1_Notice of Violation_20091006

Beverly Eaves Perdue
Governor

AVA
NCDENR

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director

Dee Freeman
Secretarv

October 6, 2009

Cape Fear Public Utility Authority
Mr. Matthew Jordan
235 Government Center Drive
Wilmington NC 28403

Subject:

Ogden Interceptor
NOTICE OF VIOLATION (NOV-2009-PC-816)
401 Water Quality Certification (DWQ # 1997-0295)
New Hanover County

Dear Mr. Jordan:

On September 21st & 2yd, 2009, Mr. Chad Coburn from the Wilmington Regional Office of the Division of
Water Quality conducted a site inspection for the project known as the Ogden Interceptor, located off of Grathwo1
Drive in Wilmington, North Carolina. In addition, this project was inspected for compliance with the 401 Water
Quality Certification covered by certification number 3101, granted on April 10, 1997. These inspections revealed
that the subject property has the following violations as detailed below:

(I) 401 Water Quality Certification
(II) Wetlands Standards

I. 401 Water Qualitv Certification - The 401 WQC approved the project as described in your March
1997 application.

· Condition 12 states, "Permanent, maintained access corridors shall be restricted to the
minimum width practicable and shall not exceed 10 feet in width except at manhole
locations." The project appears to be well over 10 feet along the majority of the project.
Some areas appear to be over 40 feet in width.

· Condition 14 states, "This general certification does not authorize any permanent changes
in preconstruction elevation contours in waters or wetlands." Through direct
observations and communication with CFPUA project personnel, it appears that the
elevations of the project site have been changed from the original. In addition recent
unauthorized fill activities have impacted the contours as well.

II. Wetlands Standards - It appears that 404 wetlands have been impacted by the discharge of
unauthorized fill at the site. These impacts were not authorized in the 401 WQC previously issued by
the DWQ. This is a violation of the following:

15A NCAC 02B .0231 (b) (1) requires that:
Liquids, fill or other solids or dissolved gases may not be present in amounts that may cause
adverse impacts on existing wetlands uses.

N~fuCarolina
Phone [phone] Customer Service1-877-623-67 ;Valllrallff
FAX [phone] Internet: h2o,enrstate.nc,us

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

2
Ogden Interceptor
New Hanover County
NOV-2009-PC-0816

15A NCAC 02B .0231 (b) (5) requires that:
Hydrological conditions necessary to support the biological and physical characteristics naturally
present in wetlands shall be protected to prevent adverse impacts on:
(A) Water currents, erosion or sedimentation patterns;
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations

Required Response - You are directed to respond to this letter in writing within 30 days of receipt. Your response
should include the following:

1. Explain why impacts have occurred in 404 wetlands without 401 authorization and either provide a
restoration plan for these wetlands or submit a PCN application to the DWQ and the US Army Corps of
Engineers for "after-the-fact" authorization of these impacts. Include a detailed implementation schedule
with a [mal date of compliance.

2. Explain why no erosion control measures were installed on this site prior to the DWQ site visit.

3. Explain why the maintenance corridor is not within the limits defined within the 401 WQC.

4. List and explain all actions you have taken or plan to take to achieve full compliance with the 401 WQC.
Include a detailed implementation schedule with a [mal date of compliance.

This office requires that the violations, as detailed above, be immediately and properly resolved. These
violations and any future violations 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,

;.......... --- ......_~_. ~.~,,-, .

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