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HomeMy WebLinkAbout20190986 Ver 1_email from J. Enzinna_20190715Homewood, Sue From: Latham, Tim Sent: Monday, July 15, 2019 3:07 PM To: Homewood, Sue Subject: FW: [External] raparian & water concerns Attachments: to DEQ Tim Latham 7152019 .pdf Sue, Just received this report from Mrs. Enzinna, reference to Jody Walker site in Ashe County. Any comments or suggestions. 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 tim.latham@ncdenr.gov 450 West Hanes Mill Road Suite 300 Winston Salem, NC 27105 ----Nothing g Compares. 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 <jeannieenzinna@gmail.com> Sent: Monday, July 15, 2019 2:50 PM To: Latham, Tim <tim.latham@ncdenr.gov>; Williams, Paul E <paul.e.williams@ncdenr.gov> Subject: [External] raparian & water concerns CAUTION: rnal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to nc ov please see the attached information in regard to the matter we have discussed at and near my Fleetwood home. Thank -you. Jeannie Enzinna 1 1 Jeanne & Joseph Enzinna (Jeannie & Joe) 592 Cedar Cove Lane Fleetwood, NC 28626 Joe: 828-406-6680 (cell) Both: 336-877-3616 (home) Jeannie: 336-846-1829 (work) (kitchen design department) Lowe’s of West Jefferson TO: Tim Latham Tim.latham@ncdenr.gov Senior Environmental Specialist NC DEQ Winston Salem Regional Office CC: paul.e.williams@ncdenr.gov Hi, Tim – I am sending you this copy of the information I have gathered about our property damage at 592 Cedar Cove Lane. I have prepared it in anticipation that we are going to be forced into litigation, so this is to serve as background and documentation for an attorney. I think that some of the photos will clarify and solidify our concerns. As I’m sure you will remember, we argue that the ongoing damage to our property is the result of the negligent actions of our neighbors, Jody and Robin Walker who live ‘upstream’ from us at 468 Cedar Cove Lane in Fleetwood. Within the last two weeks the Walkers have made some minor changes to the edge of the property where the runoff drops into the neighboring wooded area. Where the dirt, mud, and rock has filled in the natural stream bed and before continuing to over fill our silt basin and has also deposited a large amount of fill into our natu ral pond, decreasing it’s depth and creating issues with water flow, turbidity, and in periods without frequent heavy rainfall we have observed floating sheen. (see page 28 for phot) Based on a text message Joe received from Robin Walker on July 3rd, we know that their attempts at stabilizing the damage done on their property are the result of some sort of contact from your office. The text message berated us for contacting the EPA – I believe the use of EPA, and not DEQ, is evidence of Jody Walker’s prior (professional) knowledge that environmental regulations do exist, and ‘EPA’ was used in a generic sense. In what appears to be minimal, inadequate reparation, the Walkers have covered only a small part of the leading edge of the drop off at the end of their property with thin erosion control blanket, perhaps two yards wide and the depth of the lot from the road to the up-hill slope. Rock (riprap) has been placed in a few areas. A large area of the downhill slope at the edge of their property remains as fully exposed dirt, silt and tree debris, uninhibited from further erosion. We can see no evidence that an effort has been made to contain silt that will continue to occur as the cubic yards of vegetative material that was bulldozed and covered naturally deteriorate. This leaves us very concerned. It does not appear that any effort has been made to restore the natural stream bed that existed between our properties that has been filled in by the silty run off from the Walker’s negligent actions. That streambed, interrupted by the Walker’s by pipe and cover, naturally ran alongside the road, crossed the formerly wooded lot they cleared, and the lot between our properties. While the pipe serves to move the water from upstream through (under) their ‘expanded’ and deforested yard, it is emptying into a now flat, silt filled woods. All evidence of the decades old natural stream bed is gone. We are observing that the change in the water flow has created significant lateral seepage that is collapsing our yard at a rapid rate. Without th e natural stream bed being restored (which is on the unimproved property held by an absentee owner) we anticipate this seepage will continue to affect the natural pond on our property. We further fear that unchecked, this seepage it will affect the foundation of our home as it is causing a rapid change in the ponds bank. We have documented a ‘shelf’ develop and a drop of 12-14 inches where the grassy area is always saturated. Prior to the changes made by 2 the Walker’s, the bank was dry and stable for 12+ years; we were able to drive on, park on, and mow that area. Now it is not possible to push a lightweight mower across the grass where the bank is dropping without getting it stuck. We are asking to be updated on what remediation actions are being mandated to the Walkers. We want to know how that process works, and how it will be directed, monitored, and enforced. We are also requesting information about who will be responsible for correcting the stream flow through the adjoining property, and if there are resources available to us from your offices or others that can advise us what we need to do immediately to re-stabilize and rehabilitate the natural health of our pond. Below is the information I have collected, including historical and current photographs. BACKGROUND INFORMATION DATES Events Notes Late 2006 We purchased our property at 592 Cedar Cove Lane, Fleetwood, NC 28626 based on discovering there had been a natural pond on the location in the past. • The pond appears on a survey from the early 1970’s and may have been documented even earlier. • I have heard anecdotal evidence from local, lifelong residents about the pond being here over 50 years ago. • Effects of prior site work, followed by storms, had caused the pond sides to be compromised and what remained was a marshy-bog-like wet basin. The realtor we purchased from, Erik Lanier, had done some sitework to relocate a natural stream, planning to develop the property into separate lots for vacation cabins. When the bulk of the property would not perk, the project was abandoned, and the property listed for sale. 2007- 2008 Our focus was on reclaiming the natural pond as the primary feature of the property. (at the time we had a small business that installed eco-friendly water features and had been looking for a property with water, specifically) • Plans for our home were based on the restoration of the natural water feature • Sitework focused on reclaiming the existing pond and restoring the waterflow to the previous natural stream-course using principles of eco- system restoration and design • An experienced excavator familiar with environmental rules , drainage, and wetland construction worked with us to establish a “silt pond” (catch basin for debris run off before it entered the pond) as well appropriate grade fo r the pond perimeter with stabilizing naturalized edges, appropriate slope for healthy aquaculture, and drainage that would prevent damage to our foundation. The existing pond basin was reclaimed and restored to a maximum depth of 24 feet in the center. 2008 Construction on our home was completed. Fall 2013 Our silt pond was cleaned out for the first time. (We also made the silt pond larger and slightly deeper) in late 2103. *this was done contemporaneously with assembling a storage building on our property (storage barn purchased from prior 3 owner of 468 Cedar Cove Lane); we borrowed a trac-hoe and did both at the same time. (basis for our date recollection). 2012- 2013 The property at 468 Cedar Cove Lane, then owned by Wayne Fogelman, went into foreclosure and was surrendered to the lender. This property is upstream from our property. Sept. 2014 The property at 468 Cedar Cove Lane, Fleetwood, NC was purchased by Jody and Robin Walker. That wooded property featured a small pond in the front yard that trapped inflow from natural water sources (mountain runoff and springs) and used a height-extended, overflow-style drain that went down and through culvert pipe under the driveway to out-let back into the naturally occurring downstream watercourse that connects our properties through two additional lots. We have no reason to believe that the pond created at #568 when the driveway was made (in 2000 when the cabin was built) was in any way illegally placed or created without regard for the surrounding mountain waters. August 15, 2015 Jody and Robin Walker purchased the immediately adjacent, unimproved, wooded lot previously owned by Raymond McMaster, from Ashe County (owed taxes by deceased Mr. McMaster). • Mr. McMaster was an indigent who owned and lived on the property in a small shack without electricity or running water for over 15 years prior to his death in 2015 at age 63. The approximately 10’ x15’ plywood structure was filled with clothing, rotted food, electronics, propane bottles, kerosene and gas containers, plastics and other household items. Prior to his death Mr. McMaster had limited control of bodily functions and the shack contained diapers, urine and excrement. 2016- 2017 Blue dye poured in Walker’s pond running into our ecologically balanced system. • Dye is primarily used in fountains and in manmade ponds with little or no filtration to minimize algae growth by shading the water unnaturally to inhibit photosynthesis. The dye is also used to kill -off invasive plant species, or in over-grown ponds as a part of the reclamation process. Retention ponds (such as on a golf course) often use this method to control algae blooms and invasive plant species. • Dye introduced into ponds with naturalized systems kill plants that are valuable as food and cover for aquatic species and serve as part of the aquascape. (Similar to adding trees to a landscape for shade). • Companies offering this dye for sale routinely advise purchasers that it should only be used in ‘closed’ water systems. • On several occasions, Joe addressed our concerns about the dye to Mr. Walker. He said that his wife was adding the dye wh en he was out of town, or without his knowledge. (As a foreman for an electrical contractor Mr. Walker is scheduled to be out of town often -usually 4-5 days at a time. • Joe attempted to educate Mr. Walker about why this was inappropriate to do in a waterway with outflow (aesthetically affecting our property) -and- how this was averse to the health of our pond by causing the roots of the aquatic plants we had deliberately populated. (waterlilies and lotus flowers have shallow roots that need sunlight to flourish). 4 • Dye was added to the ecosystem 6-8 times between 2016-2017 before the pond on the Walkers property was drained during the culling of the trees in 2018. Early January 2018 Jody Walker contracted with Frank Rash (who owns a logging company -- from Ashe County) to harvest the trees on the empty lot and a significant percentage of the trees on the lot with his home. • The loggers removed trees that could be sold as lumber • Unviable for timber, the remains of the cutting including underbrush, treetops, limbs, and shrubs were bulldozed. Some burned, some immediately buried. The dozer work exposed dirt rock and clay that was left exposed. • Mr. Walker did offer us firewood from the culled piles to help lessen the amount to be disposed of; my husband, Joe did cut and remove some of that wood. • We also had a small number of trees culled from our property at that time, so Joe did not take all the felled trees Mr. Walker would have liked Joe to remove. A bulldozer operator trained and certified by the NC DEQ advised Mr. Walker that he could not (legally) do what he was doing: • Fill in a natural wetland area • Cover a naturally existing watercourse • Bury burned and unburned vegetation without regard for drainage, runoff, and downstream effects. • Collapse and bury a structure containing hazardous materials Mr. Walker was also told repeatedly that what he was doing would cause downstream issues specifically regarding our property and pond.  We now know the dozer operators name is Mike Perry Feb 2018 Mr. Walker hired Joe’s son to work on his crew for LineTech Services, an electrical contractor for power transmission lines. Mr. Walker is a foreman. March 2018 Mr. Walker hired Joe (my husband) to his crew at LineTech. Late Spring 2018 It became apparent that as the result of the Walkers actions our pond would sustain serious damage. Joe discussed with Jody Walker, on several occasions, the need to mitiga te the run- off from his now clear-cut and dirt filled lot. Mr. Walkers response was always that he was: • Working on it • Going to take care of it • “Gonna get that, Dog” After several significant rainfalls it became apparent that the runoff would indeed have negative impact on our property. Mr. Walker brought home 5-6 large waddles from a jobsite (twine/coir bolsters designed to stop or redirect run-off sediment and debris on construction sites), silt fence, and posts. He allowed Joe and Joe’s son to drag the waddles to the edge of the Walker’s property and erect the sit fence and posts to try to stop the runoff 5 from coming down stream. Mr. Walker did not assist in the placement of the silt fence or waddles to stop the silt from leaving his property, instead leaving that for Joe to handle. (which indicated to us that he had no interest in resolving the issue and felt no responsibility to do so). Most weeks Mr. Walker would pick Joe and his son up for work on Sunday evening or Monday morning and they would leave for 4-5 days and return. Joe would take those opportunities to point-out the increasing damage to the property and ask Mr. Walker about repairs to our pond and measures to stop the mud and silt from traveling downstream from his acre+ of exposed dirt upstream of our property. Mr. Walker proffered promises that he was bringing in gravel, that he had dozer and backhoe operators coming ‘soon’ and that he would fix what had happened to our property. Summer 2018 By early summer we saw a marked difference in the turbidity of the water in the pond. The visibility became greatly reduced. Evenings when we are home we normally spend on a small floating dock, feeding our fish, watching the deer, and spending time together. Having our property slowly destroyed was making that less enjoyable. • By midsummer a large ‘sand bar’ was forming in front of the inlet that connects our silt pond to the main pond. • The silt pond was reaching its limits and eventually could not handle the sediment flows at all during rainstorms, so debris was flowing directly into the pond every time it rained. • Joe manually dug out some of the heavy sediment, silt and stone, from the silt pond to create a higher, berm-like barrier at the extension we had made to the silt pond, trying to mitigate the amount of water that was topping the silt pond. The inflow of water over the full silt retention area began to cause the perimeter of the yard to sink and move toward the pond’s edge. Fall / Winter 2018 – January 2019 Joe continued to ask Mr. Walker about when he would handle the repairs needed on our pond. He frequently reminded him that we expected the cost to be well over $10,000 at that point. (Now we estimate repairs will be in excess of $20,000). We began contacting contractors who would hydraulically dredge the pond, empty the silt pond and repair the banks that were falling. We ran in to resistance and had several non-returned calls when companies 1.) found out where the pond is located 2.) determined this was a residential job and, 3.) determined that this is a “small” job. Most companies with the proper equipment are either located on the coast or in metropolitan areas and primarily work for businesses, municipalities, or HOA’s, where they (likely) have contracts or proof of funds in reserve. In one instance we were told they would require 100% OF THE PAYMENT UP FRONT because it is a residential job. Spring 2019 I began researching what legal remedies we could use to compel the Walkers to repair the damages. The mountain stream that connects the Walker property to our p roperty leaves our pond and runs into Little Gap Creek. Little Gap Creek is a state designated trout 6 water and therefor protected. All connected waters automatically receive trout water protections. So: I discovered that our pond and the entire waterway connecting it qualify for special protections under the law. The clear-cutting of trees adjacent to mountain trout waters is prohibited without a permit and a remediation plan for waterway banks to be stabilized. It is worth noting that in his job as a foreman with LineTech, and a contractor for Duke Energy, Jody Walker deals with environmental protections on a regular basis . The installation of electrical transmission lines is governed by strict environmental protections. In my husband’s firsthand experience working on Jody Walker’s crew for a year, environmental specialists were on site for nearly every job his crew worked on, sometimes daily. Mr. Walker is not unfamiliar with regulations being in place to safeguard the environment. May 2019 Joe sought out another employer, anticipating that taking the next step would make working with Mr. Walker difficult. Joe left LineTech and began working for another electrical company, Davis H. Elliott Construction. I contacted the Winston-Salem regional office for NC Department of Environmental Quality and discussed our circumstances with Tim Latham, a Senior Environmental Specialist. Mr. Latham had a vacation scheduled the following week but had Environmental Specialist Tyler Pearson come to look at the affected properties the following Friday. Tyler walked our property, the property between the Walker’s and ours, and observed the Walkers property from the adjacent lot and the road. Tyler took photos and brought them back for Tim. When Tim returned from his vacation (about two weeks later) he came to our home to get more information based on Tyler’s visit. He brought two Water Quality Specialists with him on that visit as he wanted them to see the condition of the properties believing there could be regulations violations covered by both Mineral and Land Resources statutes and Water Protections statutes. Mr. Latham advised that the state does not work quickly and that we would need to be patient for any action on their part. July 2019 Joe and I returned from a trip to the west coast on Wednesday, July 3. Later that day on the Walker’s property there was a backhoe, rock, silt fence, and other materials and the same dozer operator (who also works for LineTech) was there. That evening Joe got a lengthy text message from Robin Walker lamenting that I should not have gone to the EPA (using a generic term, I suppose) without first speaking to them. Robin claimed in the message that she had the yard scheduled 7 to be seeded before Jody had a heart attack*. (Much more than seeding is required). *Jody Walker did not have a heart attack – he had a stint put in for blockage in mid- May and returned home within a day or two. He was re-hospitalized with chest pain for a day or two that proved to be nothing of concern. We do not believe this statement is true. The backhoe on the property over the holiday weekend belongs to LineTech, the company he works for. We have not received any information from DEQ about what remedies they ar e requiring from the Walkers. We are not sure that the Walkers have spoken to DEQ representatives; they may have been sent a letter and rushed to proceed with repairs. It does not look as if they have addressed the buried ‘shack’ and any possible hazardous waste. We would like to know what the DEQ is requiring to be done, especially regarding the buried shack. The heavy equipment operator came down to our home ostensibly to speak with Joe. He looked over our yard and ‘jokingly’ (?) asked if Joe want ed him to ‘fix’ the pond and put it on the Walker’s bill. We don’t think that was sincere, and don’t believe that a backhoe alone will fix the damages. Joe believes he was sent by Jody to look at the property and ‘report’ back. ADDITIONAL INFORMATION We have looked in to purchasing a hydraulic dredge system and what it would take to do the work ourselves. *Small hydraulic dredges cause less disturbance to the natural surroundings using a focused ‘dislodging’ rotating cutter-head and a vacuum system to penetrate the silt and remove a higher percentage of solids -to- water. The material is pumped to a dewatering area (preferably into dewatering bags – but that ads to the cost significantly) and later removed or spread out and seeded over, once the sediment is dried. The dredge would be operated from a floating platform (we thought we could mount it to our existing floating dock, unmoor the dock, and save the expense of a dedicated platform or pontoons). With the use of a hydraulic system we will not have to remove the fish and other wildlife (and find a way to store them – we have some native fish and a collection of ornamental koi), drain the pond, wait for dry out, and have the basin bulldozed and the silt pond mechanically emptied. That method would also require haul away / disbursement of much of the sediment, and likely cause significantly more damage to the existing edges of the pond and all adjacent landscaping. Further, because the sediment from Mr. Walker’s run-off is a rocky, sandy mix it would probably dry quickly, but is not likely to be fertile or stable enough for seeding. Our pond was reclaimed as an efficient eco system. We have native turtles, several species of frogs and toads, two species (that we know of) of crayfi sh, and many other animals living in our pond. This year we have noticed a sharp decline in the frog and toad population. We have also noticed color change in a koi that is considered by the koi industry to be an “indicator” fish – color change from bright white to a light pinkish 8 color indicates chemical composition change usually in nitrites and oxygen levels. Unfortunately, we have never needed to test the water so have no baseline to scientifically test against. ****NOTES: Included only as background knowledge: In late December 2018 Mr. Walker hired Joe and his son to remodel a salon space in Boone for Mr. Walker’s wife, Robin. After trying to get paid several times by Mr. Walker they went to Robin, who was surprised he had not paid them and did settle the amount owed. Jody Walker has bragged that he ‘cleared’ over $115,000 in salary and bonus es last year. He is a foreman with over 20 years’ experience in his field. Robin Walker is a salon owner and sublets chair space th at covers her operating expenses; she has a regular clientele of her own. During the 1+ year period when Jody was promising to fix the issues with runoff and destruction to our property, he failed a drug test a LineTech and went into a voluntary rehab program. He has told employees that his habit was in excess of $600-$1000 per week. He is now on Suboxone and has failed in attempts to ween himself from that substitute. In the spring of this year Jody paid $8000 cash for a (second) motorcycle. Public records appear to indicate that the Walkers have a mortgage for not more than $110,000. Financial hardship should not be an issue for resolution of this problem. 9 PHOTOS BEFORE THE REMOVAL OF TREES / LEVELING and FILL on the WALKER’s PROPERTY PHOTOS: May 27, 2017 NOTE that the water is clear in this picture; visibility was consistently 21+ inches (depth) for over 10 years. 10 BELOW PHOTO: MAY 27, 2017 Note both inlet pipes are running and there is no ‘sand-bar island’ The slope at the inlet pipes was stable and had been for 10 years. PHOTOS AFTER THE REMOVAL OF TREES / LEVELING and FILL on the WALKER’s PROPERTY 11 PHOTO: Mid Summer 2018 (taken from deck of house) approximately 7 months after the alterations to the Walker’s property WATER is muddy, visiblility significantly diminshed, bank at the pipes was becoming unstable and “sliding” into the pond. PHOTOS: MAY 2019 12 Taken standing on the dock as a rain shower started. NOTE: bank has become unstable and has been ‘sliding into the pond due to the ‘spread’ of water coming through the wooded acreage between our property and the Walker’s. This photo was taken a few days later and illustrates the mud further encroaching into ou pond and mud covering lily leaves, which inhibits photosynthesis and flowering and causes leaves to prematurely rot. The silt basin has filled and blocked the near pipe. In July 2018 Joe was working out of town for 2 -3 weeks at a time; the edges of the pond were becoming shallower so I put up some barriers of plastic mesh fencing in two areas where wading birds were entering the shallows to easily ‘fish’ for the koi. On the end of the pond with the spillway I added fence to try to keep the fish from swimming up the new channels and the shallow areas where racoons as well as herons 13 PHOTOS JUNE 2019 Both photos show the mud ‘flowing’ on the far side of the pond . Because the area in front of the spill way (inlet between our silt collection pond and the pond itself) is now a rapidly expanding ‘island’ water carves various channels that change based on the flow rate and increasing silt, mud and rock levels. With the flow path changed by the piled silt / mud obstacles, rather than having a steady, center flow through the pond, the water follows the sides of the pond. This has significantly altered the slope angle to be diminished. The liquid mud slowly disperses and sinks. As shown in the photos, the suspended particulate turns the water into an opaque brown color, often with less than 6” of (depth) visibility . The settling mud has significantly reduced the overall depth of the pond. Marginal plants that were purchased and placed for aesthetic and ecol ogical balance have been choked out -OR- have started moving inward as ‘shelfed’ edges of the pond expand (as a result of the sloped edges becoming less steep. PHOTOS JUNE 2019 14 Note that the weight of the mud, combined with the turbidity of the water during storms has collapsed the plastic ‘bird barrier’ fence in the middle. All five photos above illustrate how the change in the water flow through the wooded lot next to our pr operty has caused water seepage that is causing our grassy areas and berm to ‘slide’ into the pond JUNE 2019 PHOTOS 15 BELOW ARE Detail images of rough silty ‘island’ at the inlet to the pond. 16 PHOTOS June 2019 PHOTOS July 2019 Close up photos of the mud in the ‘island’ in the pond document the gritty, mud and pebble runoff that has piled up over the last 18 months. In the spot where I am standing in these photos the water had been approximately 18-20” deep and then sloped towards the center of the pond. Directly in front of the spill-pipes the natural ‘falls effect’ of the water had created a deep basin. That is now filled with rock and debris. The photo with the red “X” shows approximately where I was standing in the close-up photos. 17 The above photo was taken with the rake to try to add perspective/dimension to this ang le. This photo documents the ‘drop’ where the perimenter of the yard is ‘sinking’. The altered flow of water is penetrating the soil and this area, previously dry and walkable now has constant standing and seeping water. BELOW: The light blue arrow in photo indicates area where there is now standing water. We believe this is being caused by the broadened flow of water due to the silt that has filled the incoming stream bed (ra ther than the natural, focused stream) penetrating the ground and seeping through towards low points. We are concerned about this seep pattern broadening and eventually affecting the retaining wall in front of the house’s foundation. 18 PHOTO: May 2019 Depicts the area where the previously well-defined stream flows into our silt retention pond. The stream bead had been a naturally ‘carved’ stream bed. As the stream bed has filled the water crossing onto our property is less focused and spreading to saturate the soil. This lateral saturation and seepage are what we believe to be the cause of our yard collapsing toward the pond. Some areas have dropped by 12” or more between January 2018 and June 2019. The amount of runoff has filled the expanded silt pond, exacerbating the problem. 19 BELOW: PHOTOS DEPICT THE FILLED (previously well defined, narrow, natural stream bed) that crosses the unimproved lot between the Walker’s and our property) PHOTOS: June 2019 Images taken on the unimproved property between the Walker’s property and ours. The FORMER ‘stream bed’ has been filled with silt and rocky debris from the Walker’s property. Runoff has spread the water across the woodland floor. We believe this is contributing to the constan t saturation that has caused underground erosion affecting our land and causing our yard to ‘drop’ (drop in excess of 12” in less than a year). 20 BELOW: PHOTOS taken approaching the WALKER property walking through the woods toward the area that has been clear cut and filled. (pages 18-21) ↑ RED LINE = HORIZONTAL LEVEL FILLED WITH MUD. ↘ BLUE LINE = SIDE and slope OF BARRIER. PHOTOS: June 2019 Taken at the boundary edge between the Walker’s property and the adjacent property separating it from ours. The top photo shows the silt fence that Jody Walker brought home then allowed Joe to install at the edge of the Walker property to try to mitig ate the runoff from his clear cut and burial of trees and shack his empty lot. The lower phots shows how the runoff has covered adjacent lot vegetation that may kill those stabilizing plans bordering former streams edge. 21 PHOTOS: June 2019 Photos again show different places on the silt fencing installed at the boundary of the Walker’s lot, approximately 1 yea r after Joe was ‘allowed’ to put it up on Mr. Walker’s property. The bottom fence photo shows how the rain and mud has come over the top of the stressed and folding 3’ fabric and serves as a good visual of how much movement there has been in the unstable pile of mud, rock, clay and dirt that covers burned and unburned trees and vegetation and the collapsed and crushed shack Mr. McMaster lived in. 22 JUNE 2019 PHOTOS: Both photos above show the same construction waddle at a collapsing convergence at the back of the Walker property. Mr. Walker allowed Joe to place these waddles (with help from Joe’s son as they weigh several hundred pounds each) to try to stop the mud and debris from washing down stream and into our pond. The waddles were placed in the mid-to-late-spring of 2018. Mr. Walker (who provided the waddles) was fully aware of was happening to our property. Photo shows mud and debris runoff at the top of a waddle on the slope of the dirt fill in the lot clear-cut by the Walker’s. 23 JUNE 2019 PHOTOS Illustrating the debris that has settled and slid at the edge of the Walker property towards the adjacent lot. Also notable is some of the buried brush and trees that have been exposed by weather and settling of the fil l. Photos were taken from the lot between the Walker property and our property JUNE 2019 Photos detailing how the fill that was bulldozed over the brush and trees has washed out and remains unstable and washing out. Taken from the adjacent empty lot looking across the Walker’s cleared lot towards Cedar Cove Lane. 24 PHOTOS BELOW show the WALKERS property as photographed from the roadway. JUNE 2019. NOTE: PHOTO SHOWS the drainpipe installed from the disused pond basin directly in front of the house. Water, Silt, Debris from the clear-cut hillside and sloped yard drains into the basin, under the driveway, and under the full width of the unimproved lot before draining into the wooded property not owned by the Walkers. Sink Hole appeared summer 2018 and was covered with OSB. 25 PHOTOS JUNE 2019 : Areas indicated in red below show deliberative effort to drain run off from around the house and yard off from the clearcut, sloped and filled areas into the unused pond basin to be directed off the Walker property via a pipe under the drivewayand across the unimproved lot. (Pipe outlet shown of previous page). Rain and silt Runoff from the yard and the clear-cut hill side right of the house has been directed into the basin of the disused pond. It flows through a pipe, under the driveway and empties onto the dirt slope at the far left on the empty lot, spilling into woods. 26 MAPS obtained from link on NC DEQ pages. Owner and tax data obtained via Ashe County Government website. Enzinna Home Walker Home Walker Unimproved Lot purchased USGS Satellite Image -Winter 2018 Little Gap Creek – Designated Trout Waters 27 The WALKER’S PROPERY 468 Cedar Cove Lane, Fleetwood, NC 28626 NOTES on photo perspective- Photo would have been taken from the Walker homes front deck looking across their pond towards the road. Right of the driveway and fence is the completely wooded lot that was purchased after Mr. McMasters death. Above Plat shows the Walker property out highlighted in light blue. To the left of the highlighted lot is the lot they purchased later. That lot (showing frontage footage of (146) is the deforested area now filled with dirt on top of vegetation debris and the collapsed shack. 28 Monday, July 15, 2019 PHOTO Taken at 2pm. Yesterday we noticed this on the surface of the pond: In the sun there Is a markedly oily reflection In the shade the spots appear dark and when rubbed Between a thumb and forefinger they disappear Sample taken by laying paper on surface of pond.