EPA v. NC STATE NATURAL RESOURCES FOUNDATION/BOARD OF TRUSTEES-ENDOWMENT FUND-NC STATE UNIVERSITY-HOFMANN F

Case summary

3/4/16 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC CONCERNS ALLEGED VIOLATIONS OF THE OF THE CWA AND THE IMPLEMENTATION AND COMPLETION OF AN AMENDED HYDROLOGIC RESTORATION OF AREAS WITH DEEPER ORGANIC SOILS PLAN, DATED NOV 6, 2015 (THE RESTORATION AREA) AND THE NOV 14, 2014 (FINAL WATER MGMT PLAN FOR THE HOFMANN FOREST) AS AMENDED BY THE JAN 25, 2016 AMENDMENT TO THE NOV 14, 2014 FINAL WATER MGMT PLAN FOR HTE HOFMANN FOREST (COLLECTIVELY THE WATER MGMT PLAN). THE PURPOSE OF THE PLANS IS TO RESTORE APPROX 120 ACRES OF IMPACTED FORESTED WETLANDS AND TO MAINTAIN WETLAND HYDROLOGY APPROPRIATE FOR THE CWA 404(f) SILVICULTURE EXEMPTION. RESPONDENT NEITHER ADMIT NOR DENY LIABILITY FOR THE VIOLATIONS ALLEGED IN THIS AOC AND MAINTAIN THAT ALL FORESTRY ACTIVITY CONDUCTED AT THE HOFMANN FOREST BY THE RESPONDENTS HAS BEEN IN ACCORDANCE WITH THE SILVICULTURE EXEMPTION OF THE CWA. THE HOFMANN FOREST IS AN APPROX 79,026-ACRE TRACT OF LAND LOCATED IN ONSLOW AND JONES COUNTIES, NC. IT IS LOCATED PREDOMINATELY ON THE NORTH SIDE OF U.S. HWY 17, NEAR DEPPE, ONSLOW COUNTY, NC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING MECHANICAL LAND CLEARING OF FORESTED WETLANDS AND THE EXCAVATION OF DITCHES WITH THE SIDE CAST OF DREDGED AND/OR FILL MATERIAL (DISCHARGE AREA). RESPONDENT FOUNDATION IS A PRIVATE, NON-PROFIT CORPORATION, DEDICATED TO SUPPORTING THE COLLEGE OF NATURAL RESOURCES AT NC STATE UNIVERSITY. RESPONDENT BOARD OF TRUSTEE OF THE ENDOWMENT FUND OF NC STATE UNIVERSITY IS AN ENTITY CREATED AND EXISTING FOR THE PURPOSE OF PROVIDING FINANCIAL SUPPORT TO NC STATE UNIVERSITY PURSUANT TO SECTION 116-36 OF THE NC GENERAL STATUTES. THE PREDECESSOR TO THE FOUNDATION PURCHASED THE HOFMANN FOREST IN 1934, AND IN TURN, GIFTED THE HOFMANN FOREST BY DEED TO THE BOARD OF TRUSTEES OF THE ENDOWMENT FUND OF NC STATE UNIVERSITY ON DEC 15, 1077, FOR THE BENEFIT OF THE THEN SCHOOL OF FOREST RESOURCES, NOW THE COLLEGE OF NATURAL RESOURCE. THE FOUNDATION RETAINED A PRESENT POSSESSORY INTEREST IN THE SITE AND MANAGES THE HOFMANN FOREST. THE HOFMANN FOREST HAS SERVED AS A DEMONSTRATION AND RESEARCH SILVICULTURE OPERATION SINCE 1934. IT HAS BEEN UTILITIZED TO DEVELOP STATE OF THE ART FORESTY PRACTICES AND CONTINUES TO SERVE AS A DEMONSTRATION FOREST FOR PINE PLANTATION FORESTRY. TODAY, APPROX 56,000 ACRES OF HOFMANN FOREST ARE IN ACTIVE SILVICULTURE, MOSTLY FOR LOBLOLLY PINE PRODUCTION. THE FORESTED WETLANDS ON THE HOFMANN FOREST ARE ADJACENT TO TRIBUTARIES OF THE WHITE OAK RIVER, THE TRENT RIVER AND THE NEW RIVER, ALL TRADITION NAVIGABLE WATERS OF THE U.S. FROM ABOUT 1995 TO PRESENT, RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO CERTAIN JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED SITE PREPARATION AND DRAINAGE ACTIVITIES ASSOCIATED WITH FOREST MGMT. CURRENTLY THE UNAUTHORIZED DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED SITE PREPARATION ACTIVITIES DIRECTLY IMPACTED APPROX 120 ACRES OF FORESTED WETLANDS AND RESPONDENT' DRAINAGE ACTIVITIES MODIFIED THE HYDROLOGY OF OTHER WETLANDS AT THE SITE. RESPONDENT DID NOT POSSESS A CWA 404 PERMIT AUTHORIZING THE ACTIVITY.

Defendants (3)

• HOFFMANN FORESTNamed in settlement
• NC STATE NATURAL RESOURCES FOUNDATIONNamed in settlement
• BOARD OF TRUSTEES/ENDOWMENT FUND OF NC STATE UNIVENamed in settlement

Facilities (1)

• WETLANDS (HOFMANN FOREST)

  HIGHWAY 17, DEPPE, NC, 28555

  Registry ID: 110060345746

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• NC STATE NATURAL RESOURCES FOUNDATION/BOARD OF TRUSTEES-ENDOWMENT FUND-NC STATE UNIVERSITY-HOFMANN Fentered 2016-03-04

  Primary law: CWA

Timeline (2 milestones)

• 2016-03-04Final Order Issued
• 2016-03-09Enforcement Action Data Entered