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he Pamlico County Commission will not be pressuring the Environmental Protection Agency to enforce federal laws that prohibit draining wetlands near Merritt and Florence.

Instead, a majority of commissioners voted Monday night to enter into a “dialogue” with Spring Creek Farms, the Illinois corporation that has cleared many of the 4600 “Atlas Tract” acres it owns off of Straight, Trent and Florence Roads. EPA had told Spring Creek in the past year to cease and desist draining some of those acres.

For several decades, it’s been illegal to drain wetlands, considered nature’s sponge for keeping toxins out of waters such as those at Trent Creek, the Neuse River and Pamlico Sound. Turning wetlands in to farmland where chemicals are used can, among other things, be harmful to fish nurseries. That was one of the concerns raised a year ago by residents when the clearing and drainage ditching at Atlas Tract became apparent.

The Southern Environmental Law Center and NC Coastal Federation want EPA to take the next step and enforce the law, which could mean requiring Spring Creek to fill in the drainage ditches and restorie the drained wetlands.

The SELC and Coastal Federation are preparing and paying for what’s called a Citizens Enforcement Action, essentially calling on EPA to stand up for the laws protecting wetlands. SELC and the Coastal Federation wwere not asking for the county to spend any money. They only wanted the County Commission to provide standing as a county entity in that CEA. That was also the desire of many county residents who attended Monday’s meeting – and who had been contacting commissioners in advance.

Spring Creek Farms did not want that. At the Commissioners’ meeting, Spring Creek’s attorney, I. Clark Wright. alluded to costly lawsuits for the county if it pressed for enforcing the wetlands law. Rather than apply the law of several decades, Wright instead urged the County to “dialogue” and work something out with the agribusiness.

The majority of residents in the larger than usual crowd did not want an arrangement that would let Spring Creek thwart the law to turn wetland in to farmland, But, Monday night, Spring Creek Farms prevailed in possibly setting down that road.

The majority of the County Commission, led by its chair, Paul Delamar, III, voted for the “dialogue” with the Illinois agribusiness., Compromise was touted as a sentiment. The resolution calls for a report back to the Board in January.

Commissioner Ken Heath was the only Commissioner to vote against the plan favored by the agribusiness. He said he favored joining in the Citizens Enforcement Action, after having conversations with a wide range of residents who for their varied reasons, wanted the wetlands protected..

It is still possible that the SELC and Coastal Federation can file for the Citizens Enforcement Action despite the County Commission’s refusal to be part of it.

Below is the resolution, as it was proposed before the meeting:

BE IT RESOLVED, that a dialogue will be opened by all parties to
resolve the issues of the proposed action regarding the Atlas Tract also
known as Spring Creek Farms , LLC and that a report be submitted to the
Board of Commissioners by January 19, 2015.

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Also On The Topic:

Letters To The Editor on The Commission’s Vote To Not Ask The EPA To Enforce The Federal Law – November 2014

Getting EPA To Do Its Job – Guest Column by Allen Propst – November 11, 2014

Posted Wednesday November 19, 2014 by Melinda Penkava