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Art Law Keyed to Gerstenblith, 4th Ed.
Pye v. United States
Citation:
269 F.3d 459 (2001)Facts
Russ and Lee Pye own property adjacent to the Sheppard Tract in South Carolina, near an eighteenth-century Hayne Plantation site and directly abutting an African American cemetery, with the cemetery likely overlapping their property. Both sites are eligible for the National Register of Historic Places and are part of the historically significant Encampment Plantation area. Colleton County sought to improve an existing dirt road leading to Area M of the Sheppard Tract, which contains the plantation remains. The improvement required filling 0.23 acres of wetlands, necessitating a Corps permit under the Clean Water Act. The County’s stated purposes for the road changed multiple times from an ash monofill to a dirt borrow pit to a police dog training facility. The Corps issued Nationwide Permit 14 without fully considering the road’s impact on the historic sites beyond the immediate “footprint” of the fill area, despite objections from the Fish and Wildlife Service and concerns raised about secondary development impacts and increased access facilitating looting of the undisturbed historic sites.
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