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Clean Water Act Section 404: Site Visit/Case Development
For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344)
This report includes only factual information gained by documentation, onsite observations, and/or onsite interviews.
Rachel Earwood Inspector Name(s) Christopher Parker
Zachary Schlachter
Time In 0820 (EST) Start Date November 17, 2021 Time Out 1200 (EST) End Date November 17, 2021
Inspector's Organization Enforcement and Compliance Assurance Division, Waterways and Wetlands Enforcement Section
Organization Requesting Inspection (if different)
Inspection Type Evaluation
Inspection Status Original
Site Name
A.D. Watts
Site Address* 1546 Star Bluff Road
City* Longs
County* Horry
State* SC Zip Code* 29568
Mailing Address* 1546 Star Bluff Road
City* Longs
County* Horry
State* SC Zip Code* 29568
Latitude* 33.8779
Longitude* -78.7572
Estimated Size of Site (acres) 7.7
Inspector Signature
Supervisor Signature
RACHEL EARWOOD
Dromgoole, Ahmad
Digitally signed by RACHEL EARWOOD Date: 2022.01.13 12:19:28 -05'00'
Digitally signed by Dromgoole, Ahmad Date: 2022.01.13 11:52:04 -05'00'
Is there a home on the site?
Yes
No
Date
Date
Effective August 2020
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Clean Water Act Section 404: Site Visit/Case Development
For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344)
Site Name
A.D. Watts
Start Date November 17, 2021 End Date November 17, 2021
Inspection Purpose Initial site visit Presentation of Inspector Credentials
Opening Conference
Name and Title (Use N/A if owner/operator not available to join the inspection)
Mr. A.D. Watts, Property Owner
Opening Conference Name of person authorizing access if applicable Mr. A.D. Watts
Notes from Opening Conference
Present were Rachel Earwood (EPA), Christopher Parker (EPA), Zachary Schlachter (EPA), Tommy Fennel (U.S. Army Corps of Engineers, Charleston District, Regulatory Division) and A.D. Watts. At approximately 0830 on November 17, 2021, an overview was given of why the EPA would be inspecting areas within the Site, including examining soil profiles and vegetation; and collecting field notes, photographs, and general observations of the Site.
Access Issues if Any
Describe
Inspection Observations and Sample Collection Site Owner/Site Operator/Responsible Party (Name, title and contact information) Mr. A.D. Watts, Property Owner, waccamawkennels@yahoo.com
Additional Persons Present at Inspection Tommy Fennel, U.S. Army Corps of Engineers, Chief of Northwest Branch, Deputy Division Chief, Charleston District Regulatory Division
General Site Characteristics (layout of property, etc.) The Site is adjacent to the Waccamaw River, as well as a man-made channel constructed in the river's wetland floodplain. Mr. Watts stated in the 1950's his grandfather constructed the berms onsite with a dragline and excavated the channel for ferry activity. At a natural high spot nearby, the channel's width was estimated to be approximately 20 feet. He also told inspectors that a culvert in the berm blew out in 2018 from the effects of a hurricane. A few hundred yards south of the river on the Site, there was an excavated pond in the process of being filled by Mr. Watts. Mr. Watts was excavating a new pond for irrigation.
Purpose and Need for Discharge of Dredged and/or Fill Material
N/A
Site Overview (Past inspections, site description, permits, etc.) The Site was referred to the EPA from the U.S. Army Corps of Engineers, Charleston District Regulatory Division. On October 10, 2020, the District's Regulatory Division Conway Field Office (RD) received information from a South Carolina Department of
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Clean Water Act Section 404: Site Visit/Case Development
For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344)
Site Name
A.D. Watts
Start Date November 17, 2021 End Date November 17, 2021
Natural Resources Law Enforcement Officer regarding fill material being discharged into waters of the United States at the property. The RD conducted various reviews and determined that there was no record of current or previous wetland delineations or permits associated with the property. The RD also determined that the area where the alleged, unauthorized fill may have been placed was jurisdictional wetland adjacent to the Waccamaw River. On October 27, 2020, the USACE sent USPS mail to the property owner of record (A.D. Watts), requesting they contact their office within 15 days of receipt regarding potential, unauthorized work. A USPS return receipt was received by the office, however, the signature was not legible, and the date was not recorded on the USPS form. A second letter dated December 22, 2020 was sent to A.D. Watts with similar results. Horry County issued a mining permit in 2016 for the new pond (Mining Case #: MINE-1-6-31871).
Scope of Inspection (Areas inspected or not inspected)
See Attachment A.
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Clean Water Act Section 404: Site Visit/Case Development
For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344)
Site Name
A.D. Watts
Start Date November 17, 2021 End Date November 17, 2021
Environmental Conditions (e.g., wind, rain, smoke, dust, temperature, snow)
Sunny, cloudless; temperatures in low to mid-50s, warming into 60s; light wind. Analysis of rainfall data from the USACE's Antecedent Precipitation Tool (based on NOAA's Daily Historical Climatology Network) indicates that antecedent precipitation for the Site 90 days prior to the inspection was drier than normal (see Attachment B).
Field Work Conducted
Observations of soil profiles, landscape, hydrology, and vegetation were conducted throughout the Site, and their locations were recorded using a GPS-enabled Nikon AW130 camera. Tommy Fennel left the Site and returned to the Conway Field Office at approximately 1100, while the EPA group remained onsite after conducting investigations near/at the ponds to wait for Mr. Watts to return from an appointment. The Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain (Version 2), in addition to the 1987 Corps of Engineers Wetland Delineation Manual, were used as a reference at the Site. Locations and descriptions of all photos are included in the photographic log (Attachment C).
Closing Conference
Documents Received and/or Requested During the Inspection
None.
Compliance Assistance Provided (If any) Concerning the breach in the berm, Tommy Fennel (USACE) explained to Mr. Watts that he could potentially apply for a Clean Water Act Section 404 permit to repair the breach.
Observations Relayed to Site Owner/Operator
Mr. Watts was informed that an EPA inspection report would be provided.
Actions Taken by Owner/Operator During the Inspection (If any) Gave the inspection team a walk-through of the property along the river and the ponds.
Potential Issues of Concern Including Regulatory Citations
The repair of the berm would require a Clean Water Act Section 404 permit. Attachments*
Maps and Sketches Photographs (including location) and Photo Log Other (SSIP, Wetlands Delineation Forms, etc.)
Attachment A: Map of Approximate Area of Inspection Attachment B: Rainfall Data (Antecedent Precipitation vs Normal Range) Attachment C: Photographic Log
Additional Notes
None.
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