20061376 Ver 1_USACE Correspondence_20041029

' ~ a-rF ~~- 137
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS ~ ~' B`i
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF: October 22, 2007
Regulatory Division
Action ID. 200640023
Mr. Thomas Anderson
Novartis Vaccines and Diagnostics, Inc.
Rosewood Office Building, Number One
190 Rosewood Centre Drive, Suite 100
Holly Springs, North Carolina 27540
~~~l~ ~
~, ~
C11'~~ ~ "'' ~~u1
~!fi
Dear Mr. Anderson:
This refers to a recent site meeting between Mr. Monte Matthews of the U.S Army Corps
of Engineers, Mr. Harold Brady of Mulkey Engineering, Mr. Danny Smith of the North Carolina
Division of Water Quality (DWQ), members of Novartis, Jacobs Engineering, as well as, other
DWQ staff on September 5, 2007, at the Novartis site in Holly Springs, North Carolina. The
purpose of the site meeting was to evaluate a potential violation of the permit conditions of the
Department of the Army (DA) permit issued to Novartis on September 27, 2006, subject to our
regulatory authority pursuant to Section 404 of the Clean Water Act. Information provided at the
meeting indicates you are now the responsible party for this permit.
The September 2007 site visit revealed that approximately 1201inear feet of stream
channel had been impacted beyond the permit limits established by your DA permit. While we
appreciate your willingness to voluntarily disclose your permit non-compliance, the activity which
you have performed remains a violation of your DA permit and constitutes a violation of federal law
per our regulatory authority.
Since all permitted impacts to jurisdictional waters have already occurred, your
representative has stated that no additional impacts are proposed at this time and that you are
prepared to restore the impacted stream to its original condition. Accordingly, you have agreed to
cease and desist from any further work in wetlands or waters on the property that would result in
new impacts to these aquatic features. Please be aware that we are considering enforcement action
for the violation of permit conditions as stated above.
During the meeting, you indicated that you are willing to pursue restoration of the stream.
Removal of the fill and restoration of the stream would result in compliance of your DA permit and
would resolve the present violation of your permit conditions. Please submit restoration plans for
this activity to this office on or before October 31, 2007.
CERTIFIED lVIAlL
RETURN RECEIPT REQ'1~~:~TEp

-2-
Please be reminded that no new impacts within wetlands or waters other than restoration
of the site can occur on your property until this matter is resolved. Such work, without
authorization by a DA permit, may result in referral of this matter to the U.S. Attorney for
appropriate action.
Please contact Mr. Matthews at telephone [phone], extension 30, if you have any
questions regarding this letter or the actions required on your part to resolve this violation.
Sincerely,
~'
~ John E. Pulliam, Jr.
Colonel, U.S. Army
District Commander
Copies Furnished:
Harold M. Brady
Project Scientist
Mulkey Engineers & Consultants, Inc.
6750 Tryon Road
Cary, North Carolina 27511
Amer Takieddine, Project Manager
Jacobs Engineering
1880 Waycross Road
Cincinnati, Ohio 45240
Vance Holt, Senior Engineer
Jacobs Engineering
111 Corning Road, Suite 200
Cary, North Carolina 27518
Thomas Hubert, Senior Project Manager
Jacobs Engineering
1880 Waycross Road
Cincinnati, Ohio 45240

-3-
U.S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800
Federal Building
Raleigh, North Carolina 27601-1461
Mr. Ron Mikulak, Chief
Wetlands Section-Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ms. Cyndi Karoly
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Justin McCorcle
Assistant District Council
Wilmington District
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890