20210994 Ver 1_Series of emails between Sheila Letica and Kelly Williams_20210605

Series of emails between Sheila Letica and Kelly Williams in which Ms. Williams
says it is too soon to seek mitigation.
From: Sheila Monjeau Letica <[e-mail]>
Sent: Wednesday, June 02, 2021 2:29 PM
To: Williams, Kelly <[e-mail]>
Cc: Mark Letica <[e-mail]>
Subject: [External] Please help me understand mitigation bank and credit
Hello Ms. Williams.
My name is Sheila Letica, and my husband is Mark Letica. We are building a home at 4450 Red Hill Circle
in Denver, NC. while we live next door at 6984 Summer Hill Drive in Denver, NC.
I was having a problem with a neighbor threatening to sue me for "sediment trespass" so I emailed
three individuals seeking help to determine if I was guilty:
From: Sheila Monjeau Letica [mailto:[e-mail]]
Sent: Friday, March 26, 2021 5:08 PM
To: Johnson, Alan <[e-mail]>; [e-mail]; Khan, Zahid
<[e-mail]>
Subject: Heavy sediment flow through property due to construction
I can provide a copy of the email if needed. What I got instead was a certified letter from Andrew H.
Pitner for W. Corey Basinger, Regional Supervisor of the Division of Water Resources, stating we were
receiving a Notice of Violation of the Catawba Riparian Buffer Rule. While Doug Perez from the North
Carolina Division of Environmental Quality was investigating my question of sediment trespass on the
6984 Summer Hill Drive property, he noticed that a patio was installed on the 4450 Red Hill Circle
property and reported it, which resulted in the Notice of Violation. So, because I was scared of a
neighbor's threats and tried to get help, we ended up with a much bigger legal problem.
We obviously did not know we were in violation, or we would never have brought this problem upon
ourselves. We thought the contractor we used for a waterfront project in 2019 applied for and received
the necessary permits, just like our previous contractor for the waterfront work competed in 2016 did.
We contracted with Gustavo (Gus) Perez from Genesis Improvements to complete a waterfront
renovation project that would add more erosion -control methods to fix the ongoing erosion issues at
the waterfront. A picture of his business card is attached. We met Gus while shopping at Markham
Landscape Products (MLP) and became acquainted over several years. He was a very friendly and helpful
man that worked at MLP and had a side company. We bought his act. The relationship ended poorly
when Gus authorized his workers to do more work than we contacted for and then demanded a
significant amount of money for the extra work of putting in the patio (it matched the stairs they put in)
and a small retaining wall. The patio and wall were just there one day when we went to check the
progress. Of course, we didn't agree to pay the full amount and the relationship got ugly. He even sent
his employees to try to collect more money from us. He had his employees pack up and leave the top of
the stairs unfinished when we would not meet his demands.

We know that ultimately the lack of permits is our fault. We should have asked for copies of the permits,
but we trusted him and believed Gus when he said he had done so.
The Notice of Violation stated that we had to remove the patio. It is 3 inches thick and would require
heavy equipment to do so. We cannot get heavy equipment down there and at our age we cannot do it
ourselves. We really do not want to remove the patio because it has ended up being a blessing for our
disabled family members. Our four elderly, disabled parents and an aunt and uncle have received a lot
of joy from being driven in a golf cart down to the waterfront and sitting on the patio. I have an
autoimmune disease and some days I have problems with my balance and appreciate having the patio
there where I can sit too. I could go on about the health benefits of keeping the elderly and disabled
engaged and active, but I won't unless you would like information about it.
This leads me to seeking help with mitigation. I cannot understand how mitigation banks and credits
work. Is this something you can help me with? I would appreciate a call at your earliest convenience. My
cell number is 704-277-7239.
Thank you reading my email and I look forward to talking with you. Please let me know if you would like
any additional information.
Sincerely,
Sheila Letica
From: Williams, Kelly
Sent: Wednesday, June 2, 2021 4:37 PM
To: 'Sheila Monjeau Letica'
Subject: RE: Please help me understand mitigation bank and credit
Hi Sheila,
Confirming receipt of your message. Let me look into this and get back to you. I won't let it sit- planning
to respond tomorrow once I gain a better understanding of the situation. If you have the NOV or if DWR
assigned it a project #, that would be useful.
Looking forward to assisting you.
Kelly
From: Williams, Kelly
Sent: Wednesday, June 2, 2021 5:16 PM
To: 'Sheila Monjeau Letica'
Subject: RE: Please help me understand mitigation bank and credit
Sheila,
Thank you for sharing the details of your situation. It sounds like you and your
husband were told the buffer impacts had been permitted, but they had not and

now that it's been brought to light, you may need mitigation for the impacts to
the protected buffer. I am happy to give you a call, but you will benefit from the
info in this email- and having it to reference as you move forward.
If DWR allows for you to purchase riparian buffer mitigation credits as an
alternative to removing the patio, then you can seek credits at the private
mitigation bank in that area.
Here is the contact info for the new mitigation bank:
Dogtown
Sponsor: RES
Caitlan Parker
919-209-1075
[e-mail]
The Division of Mitigation Services (DMS) In -Lieu Fee Program has an abundance
of buffer mitigation credits in the Catawba Buffer service area, however, state law
requires customers to seek private bank credits when they are available. I would
caution against purchasing credits until you are certain they are needed to satisfy
your NOV (or a variance) from the Division of Water Resources. I did touch base
with Doug Perez in the DWR Mooresville office to gain a better understanding of
DWR's expectations. He should be following up with you soon to discuss a path
forward. This may entail applying for a variance to the Catawba Buffer Protection
Rules.
For now, it appears you'll need to figure things out with Doug so there really isn't
any urgency for you to contact the mitigation bank at this time. You wouldn't
need to purchase mitigation credit until it's required by DWR through a variance
or NOV. If you find out the private bank does not have credits available, you can
request buffer credits from the Division of Mitigation Services (and I can help you
navigate that). To be clear, if you end up requesting bank credits, the DMS would
have no involvement at all.
I hope this helps.
Take care,
Kelly

Kelly Williams
In -Lieu Fee Program Coordinator
Division of Mitigation Services
Department of Environmental Quality
[e-mail]
US Postal Service Address:
1652 Mail Service Center
Raleigh, NC 27699-1652
From: Sheila Monjeau Letica
Sent: Wednesday, June 2, 2021 11:08 PM
To: Williams, Kelly
Cc: Mark Letica
Subject: RE: Please help me understand mitigation bank and credit
Hello Ms. Williams,
Thank you so much for your quick reply. We genuinely appreciate it.
Doug Perez is a nice man. I met him after we received the Notice of Violation. I called him to discuss the
certified letter and inquired why I still hadn't received a response to my question about sediment
trespass. He agreed to meet me, and we walked the land and he determined that there wasn't sediment
trespass. That settled the harassing neighbor problem. Q I had just had eye surgery and he was very
patient with me while we walked.
We also discussed what I needed to do about the NOV. He spoke quickly and I didn't have a note pad to
make notes. But he was very polite and tried to be helpful.
That is why I was surprised that he did not respond to my email from Monday evening:
From: Sheila Monjeau Letica
Sent: Monday, May 31, 2021 11:42 PM
To: [e-mail]
Subject: 4450 Red Hill Circle, Denver, NC 28037 Notice of Violation
Hi Doug,
My husband and I are seriously shaking in our pants. We have tried to complete the forms.
We consider ourselves educated people since we both have advanced degrees. However, we
just do not understand what some of the items on the forms mean. For instance, we cannot
figure out how to get the "published County NRCS Soil Survey Map" since the website is so
complicated. We cannot figure out what a Diffuse Flow Plan is? We cannot figure out how many
rules we have violated in the Violations section.

Can we common folks really complete these forms without help? Oh my, we are freaking out!
Is there someone I can talk to that can help answer some questions?
Sheila
Mrs. Sheila Letica
704-277-7239
The clock is ticking, and we have officially missed the June 1 deadline. I was guessing Doug was out of
the office yesterday and today since he didn't answer. It is true that we are freaking out and scared. We
have been working on this situation for a couple of weeks and feel like we are doing everything wrong.
There are so many acronyms and technical terms for the required paperwork, and we really cannot
figure out what paperwork we are supposed to submit. I look forward to hearing from Doug so he can
help us better understand the process.
Again, thank you so much for your quick response and help. It is much appreciated.
Sheila
Mrs. Sheila Letica
704-277-7239