Elk Creek Heavy Sediment Flow from Road Construction
in Disputed Right of Way
March 2024
Action Alert Details
Blue Ridge Trout Unlimited would like to ask for your support in saving Elk creek brook trout stream from heavy sediment flow due to road construction on a disputed right of way. The road is likely not permitted as it violates trout stream buffer zones, trout water quality standards and requirements for permits to disturb a buffer zone. The regulations don’t allow anyone to disturb buffer zones between October and April 15 to give the trout a chance to breed and survive into fingerling stage. See the buffer zone regulation attachments from DEQ website. Elk Creek in Todd is classified as trout water by DEQ.
This person bought this property in December and in early March started excavating the disputed right of way through the adjacent landowner’s property. There were no barriers or sediment controls put and no warning given to the adjacent landowner. The existing landowner whose land was being excavated called upon BRTU for help and filed a complaint with DEQ that this excavation has cleared all the buffer zone of her property and the sediment is flowing into the brook trout stream.
DEQ, DEMLR and Corps of Engineers inspected the property, asked the new land owner to stop the work and instructed him to put a silt barrier around the stream until the land dispute was resolved. Unfortunately, the new land owner did not stop the work and continued to excavate the property to put a road across the stream. He has breeched the bank of the stream and drained all the muddy water out of the cut into the stream and started laying a road. The new landowner has another road that enters his property so this stream disturbance can be avoided. See photos of the disturbance in the attachments.
Blue Ridge Trout Unlimited filed a complaint with DEQ, DEMLR and NCWRC at the beginning of the land disturbance (March 8). We were able to communicate with DEQ and DEMLR. Both noted they are educating the new landowner on the rules and regulations. Unfortunately, the new landowner seems to have disregarded DEQ and DEMLR and is plowing ahead with the construction. We have been sending photos of the continued destruction to DEQ and DEMLR but have not received any more responses from them. Our concern is the creek and brook trout will suffer badly this weekend with the rain coming and all the sediment that will flow into this native stream.
We ask you to write a letter of concern, complaint to DEQ, DEMLR and NCWRC about their lack of action and the potential demise of the native trout stream specially when the DEQ buffer zone regulation show many regulations that are being violated. Ask them to put a stop to this situation. BRTU along with the local community has been putting in riparian buffer zones on Elk creek just below all the excavation. We also just planted a riparian on the south fork of the New River at Todd Island. Elk creek comes into the south fork of the New River just a short distance above Todd Island. This disturbance will impact both streams. This area also has a wild and scenic designation giving it more protections. However, that does not seem to help any. Please email a letter to all three divisions. You can put all of them on one thread.
Thank you
Robby Abou-RizK
Blue Ridge TU advocacy chair
Rebecca Chandler
Environmental Program Consultant
Division of Water Resources
North Carolina Department of Environmental Quality
Winston-Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105-7401
[email protected]
Elizabeth Biser
NC Department of Environmental Quality
Secretary of NC Dept of Environmental Quality
217 Jones St.
Raleigh, NC 27603
Phone: 919-707-8622
Email: [email protected]
Tamera Eplin, PE
Regional Engineer
Land Quality Section, Winston-Salem Regional Office
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
(336) 776-9800 office (336) 776-9654 direct
[email protected] (New email address)
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105-7407
Kimberly Turney
Environmental Program Consultant
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
[email protected]
Kin Hodges // District 7 Fisheries Biologist
Division of Inland Fisheries
NC Wildlife Resources Commission
179 Stone Bridge Road
Mount Airy, NC 27030
[email protected]
This person bought this property in December and in early March started excavating the disputed right of way through the adjacent landowner’s property. There were no barriers or sediment controls put and no warning given to the adjacent landowner. The existing landowner whose land was being excavated called upon BRTU for help and filed a complaint with DEQ that this excavation has cleared all the buffer zone of her property and the sediment is flowing into the brook trout stream.
DEQ, DEMLR and Corps of Engineers inspected the property, asked the new land owner to stop the work and instructed him to put a silt barrier around the stream until the land dispute was resolved. Unfortunately, the new land owner did not stop the work and continued to excavate the property to put a road across the stream. He has breeched the bank of the stream and drained all the muddy water out of the cut into the stream and started laying a road. The new landowner has another road that enters his property so this stream disturbance can be avoided. See photos of the disturbance in the attachments.
Blue Ridge Trout Unlimited filed a complaint with DEQ, DEMLR and NCWRC at the beginning of the land disturbance (March 8). We were able to communicate with DEQ and DEMLR. Both noted they are educating the new landowner on the rules and regulations. Unfortunately, the new landowner seems to have disregarded DEQ and DEMLR and is plowing ahead with the construction. We have been sending photos of the continued destruction to DEQ and DEMLR but have not received any more responses from them. Our concern is the creek and brook trout will suffer badly this weekend with the rain coming and all the sediment that will flow into this native stream.
We ask you to write a letter of concern, complaint to DEQ, DEMLR and NCWRC about their lack of action and the potential demise of the native trout stream specially when the DEQ buffer zone regulation show many regulations that are being violated. Ask them to put a stop to this situation. BRTU along with the local community has been putting in riparian buffer zones on Elk creek just below all the excavation. We also just planted a riparian on the south fork of the New River at Todd Island. Elk creek comes into the south fork of the New River just a short distance above Todd Island. This disturbance will impact both streams. This area also has a wild and scenic designation giving it more protections. However, that does not seem to help any. Please email a letter to all three divisions. You can put all of them on one thread.
Thank you
Robby Abou-RizK
Blue Ridge TU advocacy chair
Rebecca Chandler
Environmental Program Consultant
Division of Water Resources
North Carolina Department of Environmental Quality
Winston-Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105-7401
[email protected]
Elizabeth Biser
NC Department of Environmental Quality
Secretary of NC Dept of Environmental Quality
217 Jones St.
Raleigh, NC 27603
Phone: 919-707-8622
Email: [email protected]
Tamera Eplin, PE
Regional Engineer
Land Quality Section, Winston-Salem Regional Office
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
(336) 776-9800 office (336) 776-9654 direct
[email protected] (New email address)
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105-7407
Kimberly Turney
Environmental Program Consultant
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
[email protected]
Kin Hodges // District 7 Fisheries Biologist
Division of Inland Fisheries
NC Wildlife Resources Commission
179 Stone Bridge Road
Mount Airy, NC 27030
[email protected]
Complaint Letter from BRTU to DEQ
Click to download PDF of Letter
Dear Rebecca, Tamera and Kinnon,
The Blue Ridge Chapter of Trout Unlimited would like to file a complaint for violation of trout water quality standards on Elk creek (36 20’05.1”N 81 35’49.9”W) above the town of Todd in Ashe county. There is a land disturbance that started about 10 days ago by a Mr. Glenn Harrs. He has cleared a section of land from the road (3 Top Road) to Elk Creek, cutting trees and plowing into the banks of the stream. Elk creek is a native brook trout stream and is classified as trout water under the DEQ Surface water classification from its source to the South Fork of the New River.
Mrs. Susan Armstrong alerted Blue Ridge Trout Unlimited of Mr. Harrs intentions when he bought the land in the fall of 2023. There is currently a dispute of the right of way. Currently there is no evidence of any erosion controls measures, leading us to believe he does not have a permit to disturb this native trout stream.
I inspected the property on March 1st when Mrs. Armstong alerted us that he started clearing the land. There was evidence of machine work into the bank with sediment flowing down into elk creek from the disturbance. There was no sediment coming into Elk creek above the disturbance. There was light rain that morning. I understand that subsequently Mr. Harrs has done more work on the land and appears that he will be crossing the creek soon. Attached you will find several photos.
“The Sedimentation Pollution Control Act of 1973 requires buffer zones along trout waters. G.S. 113A-57(1) of this Act says: “Waters that have been classified as trout waters by the Environmental Management Commission shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land-disturbing activity, whichever is greater.
Buffer zones for trout waters that must be met: • The (minimum) 25-foot buffer must be measured horizontally from the top of the bank. • A land-disturbing activity in the buffer zone adjacent to trout water can be permitted if the duration of the disturbance is temporary and the extent of the disturbance is minimal. Permission must be received from DEMLR. “
We believe the Sedimentation Pollution Control Act buffer zone is being violated as well as the lack of any sediment and erosion controls required to prevent silt from entering the trout stream violating trout water standards.
Blue Ridge Trout Unlimited has been working on Elk creek below the disturbance and on the South Fork of the New River planting trees and live stakes creating buffer zones to protect the brook trout population for the last two years. This land disturbance threatens the native brook trout population and all the efforts that we and the local community have been putting in.
NC has lost many brook trout streams in the last 3 years and their existence is being threatened by un permitted land disturbance and developments.
Blue Ridge Trout Unlimited asks that DEQ, DEMLR and NCWRC to take immediate action to stop further degradation of Elk Creek.
Attached in the email you will find photos of the disturbance and map locations.
Thank you
Sincerely
Robby Abou-Rizk
Blue Ridge Trout Unlimited Advocacy chair
The Blue Ridge Chapter of Trout Unlimited would like to file a complaint for violation of trout water quality standards on Elk creek (36 20’05.1”N 81 35’49.9”W) above the town of Todd in Ashe county. There is a land disturbance that started about 10 days ago by a Mr. Glenn Harrs. He has cleared a section of land from the road (3 Top Road) to Elk Creek, cutting trees and plowing into the banks of the stream. Elk creek is a native brook trout stream and is classified as trout water under the DEQ Surface water classification from its source to the South Fork of the New River.
Mrs. Susan Armstrong alerted Blue Ridge Trout Unlimited of Mr. Harrs intentions when he bought the land in the fall of 2023. There is currently a dispute of the right of way. Currently there is no evidence of any erosion controls measures, leading us to believe he does not have a permit to disturb this native trout stream.
I inspected the property on March 1st when Mrs. Armstong alerted us that he started clearing the land. There was evidence of machine work into the bank with sediment flowing down into elk creek from the disturbance. There was no sediment coming into Elk creek above the disturbance. There was light rain that morning. I understand that subsequently Mr. Harrs has done more work on the land and appears that he will be crossing the creek soon. Attached you will find several photos.
“The Sedimentation Pollution Control Act of 1973 requires buffer zones along trout waters. G.S. 113A-57(1) of this Act says: “Waters that have been classified as trout waters by the Environmental Management Commission shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land-disturbing activity, whichever is greater.
Buffer zones for trout waters that must be met: • The (minimum) 25-foot buffer must be measured horizontally from the top of the bank. • A land-disturbing activity in the buffer zone adjacent to trout water can be permitted if the duration of the disturbance is temporary and the extent of the disturbance is minimal. Permission must be received from DEMLR. “
We believe the Sedimentation Pollution Control Act buffer zone is being violated as well as the lack of any sediment and erosion controls required to prevent silt from entering the trout stream violating trout water standards.
Blue Ridge Trout Unlimited has been working on Elk creek below the disturbance and on the South Fork of the New River planting trees and live stakes creating buffer zones to protect the brook trout population for the last two years. This land disturbance threatens the native brook trout population and all the efforts that we and the local community have been putting in.
NC has lost many brook trout streams in the last 3 years and their existence is being threatened by un permitted land disturbance and developments.
Blue Ridge Trout Unlimited asks that DEQ, DEMLR and NCWRC to take immediate action to stop further degradation of Elk Creek.
Attached in the email you will find photos of the disturbance and map locations.
Thank you
Sincerely
Robby Abou-Rizk
Blue Ridge Trout Unlimited Advocacy chair
Photos from Elk Creek March 24
Elk Creek Bank Breach
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Muddy water draining into creek
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Muddy water draining into creek
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Drainage ditch outside of right of way Elk Creek
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Bank clearing into Elk Creek
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Elk Creek further disturbance
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Location of disturbance on Elk Creek
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