ELR Citation: ELR 20819
No(s). 797 Civ (E.D.N.C. Feb 7, 1974)

The court grants summary judgment against the defendant, who excavated two canals on private property adjacent to the Pamlico River without first obtaining a permit from the Army Corps of Engineers, holding that such action constitutes a violation of §403 of the Rivers and Harbors Act. The court rules that the canals interfere with the navigability of the river by diverting water from it and thus altering the condition of its channel. The canals are held to connect to the river despite the presence of a "block" or plug of earth at the mouth of each, since the blocks are impermanent and drainage ditches from the canals empty into the river. The court finds that a proper award of damages cannot be determined at this time in view of the fact that the defendant has not completely unblocked the canals, and orders a hearing on the issue at a later date.

Counsel for Plaintiff
Thomas P. McNamara U.S. Attorney
P.O. Box 26897
Raleigh, NC 27611

Counsel for Defendant
W.B. Carter Jr.
327 N. Market Street
Washington, NC 27889