20061376 Ver 1_USACE Correspondence_20080115

° DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
yVf t ,*'h, c; 7
WILMINGTON, NORTH CAROLINA 28402-1890 j„"`~•a;;c~`r ~
January 15, 2008 fi r
IN REPLY REFER TO n0~~/,}+
Regulatory Division `~~2q"icy
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

Dear Mr. Anderson:

Please reference a site meeting on September 5, 2007, at the project identified as Novartis

in Holly Springs, Wake County, North Carolina. This meeting was to inspect a portion of the
project that had been found in non-compliance with the Department of the Army (DA) permit
issued for impacts to aquatic features. The findings from this meeting confirmed approximately
120 linear feet of perennial stream impact beyond the permit area as verified under the DA
permit. As such, the project was considered in violation of Section 404 of the Clean Water Act
until remediation and/or permitting could bring the project into compliance.

Proposed restoration techniques have been detailed in correspondence dated October 12,
2007, from Mulkey Engineers and Consultants entitled "Corrective Action and Restoration Plan,
Novartis Vaccines and Diagnostics - Holly Springs Site It is the determination of the Corps of
Engineers (Corps) that the actions detailed within this document will bring the project into
compliance. Therefore, this enforcement action authorizes impacts to jurisdictional waters as
described within the October 12`h restoration document. Please contact this office when the
restoration work is complete so that a compliance inspection can take place.

We appreciate your cooperation with this matter and should you have any comments or
questions pertaining to this letter or during the actual restoration of the site, please do not hesitate
to contact Mr. Matthews at telephone [phone] x30.

Sincerely,

Jean B. Manuele
Chief Raleigh Regulatory
Field Office

Copy Furnished:

Mr. Harold Brady
Mulkey Engineers and Consultants
Post Office Box 33127
Raleigh, NC 27636

Yr. Danny Smith
NCDWQ
Mail Service Center 1650
Raleigh, NC 27699-1650

U.S. Attorney
Eastern District of North Carolina
Federal Building
310 New Bern Avenue, Suite 800
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
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604

Mr. Justin McCorcle
Assistant District Council
Wilmington District
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890