20010404 Ver 3_General Correspondence_20091119 (2)

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF
November 17, 2009
Regulatory Division
ORM ID 199300570, TIP R-210, US-1 Relocation -
Mr. J. J. Barnes, Jr
115 Drake Street
Post Office Box 1741
Fayetteville, North Carolina 28302
Dear Mr. Barnes:
NOV?
2009 0
"FA14. 19
1
K'AJE.
S?yk p?Ury
We were recently made aware by North Carolina Department of Transportation
(NCDOT) staff that activities undertaken on the tract owned by the LR Hunt Club, a 327-
acre tract adjacent to the Little River, near Lobelia, Moore County, North Carolina, are in
violation of the Clean Water Act, in violation of the Conservation Easement (1998
Easement) that was granted to the NCDOT by the Sandhills Area Land Trust (SALT) on
July 13, 1998, and in violation of Department of the Army Permit 199300570, issued to
the NC Department of Transportation for construction of the US 1 Relocation project, R-
210. Specifically, the placement of fill material into waters of the United States without a
permit, which has occurred on and adjacent to the existing degraded logging road on the
property, is a violation of Section 301 of the Clean Water Act, and must be remedied.
Our recent site inspection has revealed that approximately 0.5 miles of the
existing logging road has been improved with a mixture of clay and gravel. Although it
is difficult to tell the extent of road-grade modification, there is no doubt that these
actions have improved the road to the extent that vehicular traffic can easily access the
entire Property. In addition these actions, coupled with the installation of several new
cross pipes 6- to 12-inches in diameter, have facilitated the removal of water from the
site. Finally, it was apparent that mowing and cutting of vegetation was occurring on
various portions of the property, including the removal of a 6"DBH cypress tree on the
existing trail to the Little River. As much as 150 loads of material may have been brought
on to the Property, some of which have been discharged into wetlands, in violation of the
Clean Water Act.
It appears that several conditions of the 1998 Easement have been violated.
Specifically, I note that the following conditions appear to have been violated:
c,?-(q
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Condition 3 (c) prohibits "any alteration of the surface of the land including,
without limitation, the excavation or removal of soil...." The activities conducted on the
road, including the installation of new pipes, violate this condition.