20190986 Ver 1_Email to J. Enzinna_20190806

Homewood, Sue
From: Park, Kelli A
Sent: Tuesday, August 6, 2019 10:23 AM
To: Jeannie Enzinna
Cc: Latham, Tim; Homewood, Sue; Fuemmeler, Amanda J CIV (US)
Subject: RE: [External] raparian & water concerns
Attachments: iron bacteria.pdf; 468 Cedar Cove Ln sedimentation .docx.pdf
Mrs. Enzinna,
After reading through your document and talking to Tim regarding his recent site visit, Sue and I propose the following:
1) Our regulations direct us for protecting streams and wet areas that are in a condition where ecosystem
functions cannot be completed. While the stream channel in between your property and the Walkers may have
been altered from its original state, it appears to currently be a functional ecosystem. Overtime the stream will
continue to create its new equilibrium and reset itself. Going into that area and attempting to restore the
stream and land to the way it was would potentially cause more harm than good to the ecosystem. It could have
more negative impacts than the stream can naturally recover from, potentially causing further damage on that
property. This would also further impact the pond on your property.
2) Tim recently went out and looked at the Walker's property to evaluate their current progress. He found that
more needs to be done to the property in order to properly fix it. This is standard as stabilizing the property is a
process and modifications will need to be continuously done until the site is considered stable and can be closed
out.
3) We understand that getting your pond back to the way it was is your priority. We suggest, however, that you
wait to do so until the Walker property has been stabilized and the site has been closed out by Tim. While the
stabilization efforts are being completed there is risk of additional sediment getting washed downstream. Once
the property is stabilized, cleaning out the sediment basin above the pond first would be beneficial as that is
what may be altering the flow of water onto your property and making the lake wider. Once the direction of
flow is back to a more original state, the dredging could be helpful.
4) You mentioned that you were interested in potentially hydraulically dredging your pond. Please be aware that
this requires proper written approval from the US Army Corps of Engineers and the Division of Water Resources.
Other activities done to the pond may also require a permit. Please contact us so that we can help you get any
documentation needed.
5) The sheen that you report seeing is most likely iron oxidizing bacteria, which occurs naturally. During our site
visit we noted a lot of it in the area between the Walker residence and your pond. An information sheet about
iron oxidizing bacteria has been attached to this email.
6) The abandoned shack that you mentioned was buried on the property is not something that the Division of
Water Resources addresses. I have contacted the Division of Waste Management through DEQ, and was
referred to Ashe county's local waste management. They responded that this is not a situation that would be
covered by them. If you have any further questions regarding the shack you can contact C.T. Gerstell with DEQ
at [e-mail] or Brain Houck with Ashe county at [e-mail].
1

7) You requested to be informed of actions between our office and the Walkers. Please see the attached Notice of
Violation letter sent to them from the Division of Water Resources. This violation will remain open until the site
is stabilized and all required permits have been issued. We have also received their application to get the piping
that they did under their property retroactively permitted. This permit is under review and will not be finalized
for 30-45 days post receiving the application.
This site will continue to be monitored. Please let us know if you have any further questions or would like to discuss
these matters further.
Kelli Park
Environmental Specialist
Division of Water Resources
Department of Environmental Quality
336-776-9689 office
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
kelli.park©ncdenr.gov
Nothing
p
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Homewood, Sue <[e-mail]>
Sent: Wednesday, July 17, 2019 4:23 PM
To: Jeannie Enzinna <[e-mail]>
Cc: Park, Kelli A <[e-mail]>; Latham, Tim <[e-mail]>
Subject: RE: [External] raparian & water concerns
Hello Mrs. Enzinna,
Kelli and I will read through your document as soon as possible. We'd like talk to Tim after he's had a chance to revisit
the site, and then we will contact you to further discuss your concerns.
Thanks,
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
2

[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Latham, Tim <[e-mail]>
Sent: Monday, July 15, 2019 4:36 PM
To: Jeannie Enzinna <[e-mail]>
Cc: Homewood, Sue <[e-mail]>; Park, Kelli A <[e-mail]>
Subject: RE: [External] raparian & water concerns
Mrs. Enzinna,
Thanks for sending your information. I am forwarding your email to Division of Water Resources staff, Sue Homewood
and Kelli Park, who will be working with Mr. Walker for pond sediment remediation.
I mailed Mr. Jody Walker an erosion and sediment inspection report with violations listed and corrective actions. I have
had conversation with Mr. Walker as of last week discussing the work that he was completing on his site. I will follow up
with an inspection of his site with in the next few days.
Tim
Timothy R. Latham
Senior Environmental Specialist
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
336-776-9800 office
336-776-9656 direct
[e-mail]
450 West Hanes Mill Road
Suite 300
Winston Salem, NC 27105
Nothing Co
p
es
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Jeannie Enzinna <[e-mail]>
Sent: Monday, July 15, 2019 2:50 PM
To: Latham, Tim <[e-mail]>; Williams, Paul E <[e-mail]>
Subject: [External] raparian & water concerns
3

External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
please see the attached information in regard to the matter we have discussed at and near my Fleetwood home.
Thank -you.
Jeannie Enzinna
4

Learn more: www.algae.nc.gov
North Carolina Division of Water Resources
Types of Iron Bacteria:
Gallionella, Thiobacillus, Leptothrix
Description:
Iron bacteria are a group of microscopic, unicellular organisms
that grow in chains and excrete a mucilaginous material that
forms either a sheath, tail, or stalk may appear light brown
from iron oxide that appears as a fuzzy coating. Iron oxide is
formed as the bacteria converts ferrous iron to ferric iron when
it is exposed to air and water, a process called oxidation. It
is the oxidation of ferrous to ferric that produces the energy
needed for the bacteria to survive. This reaction also makes a
by-product that looks like blue oil on the water. This blue film
can be distinguished from oil by taking a stick and running
it through the film. If the film breaks apart, it is from iron
bacteria; if it quickly pulls back together, it is oil.
Habitat:
Iron bacteria live in streams, lakes, ponds and ditches
worldwide. They grow in slow moving water with high amounts
of iron. They are commonly found in streams or seeps fed by
groundwater. Iron bacteria do not need air or light to grow so
they are frequently found in wells.
Significance:
Iron bacteria are indicative of iron rich water, groundwater
seeps and low-flow conditions. They can create taste and odor
problems in well water and may stain clothing. Otherwise, iron
bacteria are harmless and do not pose an environmental or
human health risk.
IDENTIFICATION GUIDE: Iron Bacteriafact sheet
Iron bacteria’s orangish-red coating
Blue film caused by iron bacteria
Magnified iron bacteria sheaths with typical
iron coating (ferric oxide)

June 25, 2019

CERTIFIED MAIL #7011-1570-0001-8546-4808
RETURN RECEIPT REQUESTED

Robin Walker
468 Cedar Cove Ln
Fleetwood, NC 28626

Subject: NOTICE OF VIOLATION
NOV-2019-OP-0006
Parcel Number: 15239204008
Ashe County

Dear Robin,

On June 12, 2019 Kelli Park, Sue Homewood and Tim Latham, of this office, conducted a site
inspection of the above referenced property in response to a complaint. During the inspection,
the Division staff observed that sediment has been washed into a wetland, stream, and pond
below the subject property. It also appears that recent grading activities have resulted in a
discharge of fill material into wetlands and streams on the property.

Accordingly, the following observations and violations were noted during the Division of Water
Resources inspection:

1. Title 15A NCAC 02H .0501 requires certifications pursuant to Section 401 of the Clean
Water Act whenever construction or operation of facilities will result in a discharge into
navigable waters, including wetlands, as described in 33 CFR Part 323. Title 15A NCAC
02H .0502 states any person desiring issuance of the State certification or coverage
under a general certification required by Section 401 of the Federal Water Pollution
Control Act shall file with the Director of the North Carolina Division of Water Resources.
The file review confirmed that a Pre-Construction Notification has not been received by
the Division of Water Resources for this project and that a 401 Water Quality
Certification has not been issued.
2. Division staff observed sediment deposition had occurred in an unnamed tributary to the
Little Gap Creek and a downstream in-line pond. Impacts were observed immediately
below the recently graded area. The stream impacts noted are a violation of 15A NCAC
02B .0211 (12) which states: “Oils, deleterious substances, colored, or other wastes:
only such amounts as shall not render the waters injurious to public health, secondary
recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish,
Page 2 of 3

aesthetic quality, or impair the waters for any designated uses.”

3. Division staff observed sediment deposition had occurred in a wetland below the graded
area. The wetland impacts noted are a violation of 15A North Carolina Administrative
Code 02B .0231(b) which states: “(1) Liquids, fill or other solids or dissolved gases may
not be present in amounts which may cause adverse impacts on existing wetland uses.
Required Response

Accordingly, you are directed to respond to this letter in writing within 30 calendar days of
receipt of this Notice. Your response should be sent to this office at the letterhead address and
include the following:

1. Immediately take appropriate action to prevent any further sediment deposition into the
stream channel, adjacent wetlands and downstream pond.
2. Contact Tim Latham with the Division of Energy, Mineral and Land Resources at 336-
776-9656 to determine if a sediment and erosion control permit is necessary for the
site.
3. If you wish for any stream or wetland impacts from the grading/fill to remain in place,
you must contact Amanda Jones with the U.S. Army Corps of Engineers (USACOE) at
828-271-7980 x4225 for information on the type(s) of permit required. Depending on
the type of permits USACOE requires, application for a 401 Water Quality Certification
to DWR may be required. Please note that sediment impacts to streams are not
permittable. Alternatively, the area may be restored to pre-construction conditions or
you may propose a combination of permitting/restoration.
4. Upon stabilization of the site and determination of permitting requirements, the Division
may require that the sediment deposition within the stream channel and/or wetlands
below the graded area be removed by hand.
Thank you for your attention to this matter. DWR requires that the violations, as detailed
above, be abated immediately and properly resolved.
Pursuant to G.S. 143-215.6A, the above-mentioned violations and any future violations
are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for
each violation. Your above-mentioned response to this correspondence will be considered
in any further process that may occur.

Page 3 of 3

Should you have any questions regarding these matters, please contact Kelli Park at 336-
776-9689 or [e-mail].

Sincerely,

Lon Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources
Department of Environmental Quality

cc: Amanda Jones, USACE Raleigh Regulatory Field Office
Tim Latham, DEMLR
Shelton Sullivan, Wetlands and Buffer Permitting and Compliance Branch
WSRO-DWR