Neighbors dam is causing problems

lutz40

Four Pointer
Our neighbor has dammed the creek below our property and it's causing sediment to back up on our section of the creek and is filling in what used to be a 4'-5' swimming hole. It's now only about a foot deep and he refuses to do anything about it. My Father tried to have a discussion with the neighbor about 6-8 months ago about this issue and he said he'd get around to it. When it was mentioned again in general conversation about a month ago the neighbor hung up on my Dad and has now posted no trespassing signs in between our adjoining properties. The two of them used to be 'friends' or at least 'friendly' and we know that he has been called by those who know him a 'hot head'. His property is under contract to be sold and my father indicated to the selling agent that the dam issue needed to be disclosed in the contract. The realtor will not address the issue and the last thing we wanted to do was have to call NCWRC and stir up more trouble. Any suggestions or advice on how this should be handled moving forward?
 
Wildlifer

Wildlifer

Old Mossy Horns
Was any of this permitted? Does the Dam fall under the jurisdiction of Dam Safety? How big is the dam? How much water does it impound? If would be pretty easy to get NCDEQ involved.
 
Buckshot1

Buckshot1

Twelve Pointer
call your local erosion control, environmental agency, several avenues to go thru especially if its illegally creating a pond and wasn't created naturally
 
appmtnhntr

appmtnhntr

Twelve Pointer
How fast can you run in the dark, and how much tannerite do you have on hand?

There are ways to fix that dam...
 

lutz40

Four Pointer
No, none of this was done with a permit. The dam is as wide as the creek. Probably 10'-12' across. All but about 15% of the creeks water flow is going into an 8" intake pipe that runs to a trout pond on his property. The water at the dam has basically become stagnant and NO sediment is able to get through the dam and is backing up like crazy. I'm trying to post before and after pics to give you something to look at but can't get them to upload
 

lutz40

Four Pointer
And trust me.....we've thought about taking the situation into our own hands but like I said, this guy is a loose cannon.
 
woodmoose

woodmoose

Administrator
Staff member
Contributor
Messing with flowing water and wetlands is a fairly serious issue - contact the folks these guys pointed you too and be done with it
 
appmtnhntr

appmtnhntr

Twelve Pointer
lutz40 said:
No, none of this was done with a permit. The dam is as wide as the creek. Probably 10'-12' across. All but about 15% of the creeks water flow is going into an 8" intake pipe that runs to a trout pond on his property. The water at the dam has basically become stagnant and NO sediment is able to get through the dam and is backing up like crazy. I'm trying to post before and after pics to give you something to look at but can't get them to upload
Click to expand...

Toss a bunch of white perch in that pond... Soon he won't have any trout to worry about...

Sorry, Im just having fun.

But seriously, go to DEQ
 
catfishrus

catfishrus

Twelve Pointer
woodmoose said:
Messing with flowing water and wetlands is a fairly serious issue - contact the folks these guys pointed you too and be done with it
Click to expand...

This and I promise you they wont like the outcome of it...its very serious and in fact if you do a little searching on the web...use to be a fellow out west...Oregon or Colorado...I forget which one....he dammed up a creek and its turned into one of the biggest EPA fines in history..just for a couple small pond...fine was over 37 million.
 
Mike Noles aka conman

Mike Noles aka conman

Administrator
Staff member
Contributor
Check with your county NRCS. Hydrological trespass is one of the oldest laws on the books and is a federal violation. The man can not dam and/or redirect public waters.

Soilman is a forum member that may be able to give you solid direction.
 
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aya28ga

aya28ga

Old Mossy Horns
Contributor
If he doesn't have a permit, he has a problem. I'd start with your County Commissioners. There's a couple of NC state regulations that talk about it being illegal to obstruct streams.
 
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Soilman

Soilman

Old Mossy Horns
Contributor
The folks to call are the US Army Corps of Engineers. They have jurisdiction on streams and all non-agriculture wetlands. Filling in a wetland without the proper permits can bring a fine $25,000 per day until the damage is corrected. The USACOE DOES NOT play! That tends to get folks attention pretty quick.

If it is agricultural land, then a "whistle blower" call can be made to the local NRCS office. If he has any USDA benefits on his land, he can lose those to a violation such as that.
 
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wncdeerhunter

wncdeerhunter

Old Mossy Horns
Soilman said:
The folks to call are the US Army Corps of Engineers. They have jurisdiction on streams and all non-agriculture wetlands. Filling in a wetland without the proper permits can bring a fine $25,000 per day until the damage is corrected. The USACOE DOES NOT play! That tends to get folks attention pretty quick.

If it is agricultural land, then a "whistle blower" call can be made to the local NRCS office. If he has any USDA benefits on his land, he can lose those to a violation such as that.
Click to expand...

This is the place to start
 

ellwoodjake

Twelve Pointer
NRCS, USDA, NCWRC, USACOE, County erosion control office; it doesn't matter which one you contact first, he will get call or visit from all of them. Believe me, I know
 
Buxndiverdux

Buxndiverdux

Old Mossy Horns
Redirecting and impounding water from a blue line stream?? That guy is in deep Doodoo if it gets brought to the attention of the Core of Engineers.
 

willch

Twelve Pointer
I'd also tell the Realtor@ that you're planning on calling the Real Estate Commission and make them aware of his "non disclosure".
 
Rescue44

Rescue44

Old Mossy Horns
catfishrus said:
This and I promise you they wont like the outcome of it...its very serious and in fact if you do a little searching on the web...use to be a fellow out west...Oregon or Colorado...I forget which one....he dammed up a creek and its turned into one of the biggest EPA fines in history..just for a couple small pond...fine was over 37 million.
Click to expand...

Actually, I think he dug a pond with ALL the permits and checks he had to get. Including the Corps of Engineers, if I am talking about the same one. And it had quiet a bit of setback from a stream. It didn't involve a creek. It was pure BS.

But...I think the Corps have say on any freely flowing body of water. Could be wrong. May be worth checking it out.

Edit: I commented to catfishrus's post before I read the rest of the posts. Soilman has you directed in the right direction.
 
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crittergitter

Ten Pointer
https://deq.nc.gov/about/divisions/...ources/energy-mineral-land-permits/dam-safety

http://www.damsafetyaction.org/NC/dam_owner/know-law.php

I know that a City drinking water reservoir is a bit different that what you are talking about, however, I was talking with the engineers that inspect our two dams and she told me that pretty soon every dam in NC will have to be inspected. It will not matter if it is a reservoir or a pond dam on a farm. I am not sure that has come into effect yet. but a call to DWQ (division of water quality) can cause a stink he will not like. Good luck.
 
lasttombstone

lasttombstone

Kinder, Gentler LTS
"she told me that pretty soon every dam in NC will have to be inspected. It will not matter if it is a reservoir or a pond dam on a farm."


See if you can get a little more specific info on that one cg. If that is the case, there will be a large number of new state employees coming on line and I might just come out of retirement to be a dam inspector. Off the top of my head, I can think of 10 within 2 miles of my house.
 

crittergitter

Ten Pointer
lasttombstone said:
"she told me that pretty soon every dam in NC will have to be inspected. It will not matter if it is a reservoir or a pond dam on a farm."


See if you can get a little more specific info on that one cg. If that is the case, there will be a large number of new state employees coming on line and I might just come out of retirement to be a dam inspector. Off the top of my head, I can think of 10 within 2 miles of my house.
Click to expand...

I should have to take her around again in January for our inspections. As to adding more State employees it should not be that many. As of now engineering firms are the ones doing the inspections. The firm does the inspection and we file the paper work with the State.
I brought up all of the farm ponds that are in this state and she said that it would not matter that the way it was looking it was going to effect them as well. I will see what new information she has and pass it along.
 
big bore bob

big bore bob

Eight Pointer
Call every alphabet govt. agency that will answer the phone.
Not at the county level, but state and federal level.
They will have no sense of humor about this.
 
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