20010404 Ver 3_General Correspondence_20091119

REPLY TO-
ATTENMON OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
November 17, 2009
Regulatory Division
ORM ID Number: 199300570, TIP R-210, US 1 Relocation
Dan Bell_
Executive Director- Sandhills Area Land Trust
140-A SW Broad St.
P.O. Box 1032
Southern Pines, NC 28388
Dear Mr. Bell:
C)
G?
r .9 2009 Q

Please reference the two letters, copies enclosed, to the North Carolina
Department of Transportation and to the L R Hunt Club, LLC, describing the activities
undertaken on a 327-acre tract adjacent to the Little River, near Lobelia, Moore County,
North Carolina, which 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.
These letters document a number of activities that have occurred on this site,
commonly known as the SALT Tract, which are in direct violation of the 1998 Easement,
Section 301 of the Clean Water Act, and/or the permit issued to NCDOT. Specifically,
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:
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.
Condition 3 (e) prohibits the "draining, filling, dredging, or diking of the wetland
areas...." The installation of pipes under the road has contributed to the draining of
wetlands in the mitigation area.
Condition 3,(g) prohibits "the pruning, cutting down, or other destruction of live
trees except as necessary:..to prevent [substantial] hazard disease, or fire...." Vegetation
has been cut in violation of this condition.
Condition 4 (d) allows the construction of a trail specifically for horses and a
wagon, but only if such trail does not jeopardize the mitigation, and only with the
approval of the USACE and the DWQ. If the activity on the Property noted above
intended to create such a trail, it fails to meet both requirements; neither agency was
contacted to obtain its approval, and the road, as constructed, does indeed jeopardize the
mitigation.
Additionally, condition 5(f) of the NCDOT permit specifically states that "no
improvements shall be initiated on the logging road that bisects the SALT mitigation site.
This includes changing the existing grade, maintenance grading, widening, and/or
paving." The activities that have occurred onsite are a clear violation of this NCDOT
permit condition.
The situation on the Property appears to have been worsened by the granting of
another Conservation Easement over the property between Guyencourt, LLC, and SALT,
executed on September 17, 2003 (the 2003 Easement). Several of the provisionsin this
new conservation easement appear to either directly or indirectly conflict with the 1998
Easement. Specifically, the conditions relating to canoe access, pedestrian trails, horse
trail, and prohibited uses improperly modify the conditions in the underlying 1998
Easement. It is our understanding that, since the 1998 Easement was recorded first, the
conditions of the 1998 Easement supersede any conflicting language in the 2003
Easement.
This agency is in coordination with NCDOT and the property owner to remedy
the existing violations on the tract. Of particular concern to me is that SALT appears to
have participated in, and even potentially to have drafted, a conservation easement which
directly or indirectly conflicts with an existing conservation easement on the property,
and allows activities prohibited by the earlier easement.

2. An inventory of Corps mitigation sites where SALT holds an easement or. similar
interest, and confirmation that no subsequent easements have been recorded on these
properties;
3. An indication of how SALT might be able to remedy the current situation on this
property; and
4. A statement regarding SALT's future policy regarding layering of easements
I look forward to receiving your response. Questions or comments regarding this
correspondence may be directed to the undersigned at 910-251-4952.
Sincerely,
WtIlli,
Scott McLendon
Assistant Chief.
Regulatory Division
Enclosures:
Copies furnished (w/out enclosures):
Mr. Brian Wrenn ?
Water Quality Section
North Carolina Division of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. J. J. Barnes, Jr
115 Drake Street
Post Office Box 1741
Fayetteville, North Carolina 28302
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548