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
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please see the attached information in regard to the matter we have discussed at and near my Fleetwood home.
Thank -you.
Jeannie Enzinna
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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
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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
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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).
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• 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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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BELOW ARE Detail images of rough silty ‘island’ at the inlet to the pond.
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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.
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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.
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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).
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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.
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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.