Clarence Pitts

16

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 17, 1992
Regulatory Branch
Action ID. 199300489
Mr. Clarence E. Pitts
Route 11, Box 358-A
Statesville, North Carolina 28677
Dear Mr. Pitts:
Reference your November 16, 1992, telephone conservation with Mr. Norm
Sanders of our Washington Regulatory Field Office, regarding your property
located adjacent to Oyster Creek, off S.R. 1235, near Lowland, in Pamlico
County, North Carolina. The conversation was regarding your recent land
disturbance activities and various State and Federal permit requirements
pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344).
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t
On May 15, 1992, you visited our Washington Office, requesting a
jurisdictional determination of the property. On July 22, 1992, Mr. Sanders
inspected your property in response to a complaint that mechanized
landclearing was occurring on this site. He determined that the area was
indeed wetlands and observed that dredged material, along with trees and woody
debris, has been pushed up by a bulldozer in order to clear the site. The
area cleared was approximately 200 feet along the road frontage and
approximately 500 feet in depth. An estimated 100,000 square feet (2.3 acres)
of wetlands have been directly impacted by this activity.
According to the Pamlico County Tax Recording Office, this property is
co-owned by you and Mr. Mr. Donald E. Chapman. Mr. Sanders had made several
unsuccessful attempts to contact you prior to November 16. He found that
there was no published telephone listing for you.
During your November 16 telephone conservation, you informed
Mr. Sanders that the necessary permits had been obtained to clear an old home
place site and construct a pond on the rear of the property. Mr. Sanders
informed you that review of our files indicates that no Department of the Army
(DA) permit has been issued to you, or Mr. Chapman, authorizing the discharge
of dredged or fill material into wetlands.

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Mr. Sanders contacted the North Carolina Division of Environmental
Management and found that they have no record of issuance of a water quality
certification or waiver on this property, another requirement for discharging
dredged or fill material into wetlands. He also checked with the North
Carolina Division of Land Resources, Land Quality Section, and found that they
issued a Sedimentation and Erosion control permit on April 7, 1992. However,
this does not preclude the necessity of obtaining a DA permit or Water Quality
Certification.
The discharge of dredged or fill material in waters of the U.S. or
wetlands undertaken without prior Department of the Army (DA) permit
authorization, represents a violation of Section represents a violation of
Section 301 of the Clean Water Act (CWA), 33 USC 1311.
As you agreed, you should cease and desist from any further work within
wetlands on this property. We are conducting an investigation to determine
the appropriate course of action to be taken to resolve this matter. To
ensure that all pertinent information is available for our evaluation and
included in the public record, you and Mr. Chapman both are invited to provide
any information which you feel should be considered. Any information either
of you wish to provide should be submitted to this office within 15 days of
receipt of this letter.
Failure to comply with this directive may result in referral to the United
States Attorney with a recommendation for civil prosecution.
We are furnishing copies of this letter to the agencies on the enclosed
list, informing them of our action and soliciting their views regarding a
resolution of this matter.
Thank you for your time and cooperation in resolving this matter of
importance. If there are questions, please contact Mr. Norm Sanders, Post
Office Box 1000, Washington, North Carolina 27889, or telephone (919)
975-3025.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue, Suite 800
Raleigh, North Carolina 27611
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
11

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Mr. Randy Cheek
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water,r`Quality Section
Div' ion of Environmental Management
No th Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Harry Bailey
Division of Land Resources
Land Quality Section
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Regional Director
National Marine Fisheries Services,
NOAA
Duval Building
9450 Koger Boulevard
Saint Petersburg, Florida 33702
State Property Office
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27603
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
Mr. Charles Jones, District Manager
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 769
Morehead City, North Carolina 27889