20051672 Ver 1_Public Notice Comments_20051020

FROP~I :SAhdIiHILLS HEART SURGER`r' FAX No. :91a 3~3 951 oct.. 2C~ ~i~©~ ~1:1~Ph1 F1%4
Robert Fietsam, Jr., M.L7.
Confidential Fax C:avcr Sheet
DATE: 1Q ;.~~:..~~ -~~.,...~.---.. ..
r]i~y~-na C. Martin, ~'~ L
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Sanclhills Heart ~ui•gery, P.A.
3419~A Melrose Road
Fayetteville, NC 28309
Pltione: (910) 323T9922
Fax: (910} 323-9502
NUMBER OF PAGES {including cover sheet)
C~IVIMENTS:
T}~~. documents ~ii:companyiri~; ~hls telecopy t:ransrnissic~n contain c:iinfiilential information,
bPlon~irig io the sender that is legally prlvilel;c~d, This infnrmatiorl iS interldnil only for 1:he
illdividuai or entity nam~rl ~~have. `1~lle ~I~.illtnrized rccip.ient. Uf this irlforrl~ation is prohibi.t~d
irorli di.sclosirlg this information to any ~tl`ICr party. T'f you are not tile; i.I~tended i`ec;ipierlt, ynu
are hereby notified that any disclosure, c:c~l~ying, distribution, of actinn taken in reliance art i.tte
CUI]LLIlCS C}f ti1P.SP. dfJC1.1IIIe,"IllS IS ~Lrillly (JL4I71t7lt;ec~. II~ y(Utl I'eCe1VCCi ibis tclecupy in error, phase
notify the sender inllrlt~diat~:ly to arrange for trle rc:Cul'I1 or dcstructiorl or these docuil1ents.
nCT-23-E~~i~~ THU i~~: ~'~ TEL:'?197336893 F~lAME: DWQ-WETLAh•!DS F. 1

FF9Jf'1 : 9i~hlDH I LL' HEAP.T SURI iERY'
FAfC NO. :915 323 9551 Oct.. 25 2555 51:15PM P2~'~
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Uctober 20, 2005
North Carolina Division of Water Quality (NCDWQ)
2321 Crabtree Boulevard
Suite 25p
R2~leil;h NC 284()3
Attention: 1~ir. Ian N[clVlilla,n
Dear Mr. McMillan,
i am the homeowner at 4423 Terncreek Drive, in the Buckhead subdivision in
Fayetteville, North Carolina. 1 have been informed that my two next dour neighbors
have applied for after the fact individual permits to cuntinuc their dcstntctian of the
wetlands in the Buckhead Subdivision.
In the article entitled "Public Notice", it is clear that a major portion of the wetlandq has
already been filled in by Don Broadwell. According to your provided maps, about 60%
to 7{)%, or almost two-thirds, of the wetlands alont; the >~uckhead Creek has already been
filled in. In the last 2-3 years an additional Q.6 acres of wetlands hag been temporary
disabled by the addition of tons of dirt and fill-rock. This fill has been to a depth o'fover
six {~~ seven feat This corresponds to over 1 SO,Ot10 cubic feet of fill illegally dumped
into the wetlands. 7"his displacement has resulted in recurring flooding downstream, and
probably upstream, Pram the ftlled in lots, and well as major wetlands erosion and
destruction with each and every major rainfall, ['here has been a major loss of storabe
area for storm and flood waters. The water purification and natural flitration function of
the Buckhead Creek has been severely disrupted. There has been a major increase in the
erasion of my backyard, secondary to the increased landfill.
While Mr. Wheelers 0,3 acres infringement seem small, and the same with .Mr.
McKnight's, the additional O.G acres wetland destruction, in addition to the other' 0.9
acres allowed. far Mr. Broadwell, has reached a cumulative and critical level of wetland
destruction along Buckhead creek., with accumulative and recurrent flooding and
destruction fir the entire row of Houses in the Buckhead subdivision along the creek. As
Hated above, this represents a huge reduction of the drainage system through Buckhead
Creek. This drainage system is all downstream from the enormous landfill called Cross
Greek Mall, through Barnes and Nobles, and trove the newly built Kohls:
This critical level of wetland destruction in Buckhead has displaced fish and wildlife.
The nesting and habitat of a variety of reptiles and amphibians has Veen displaced, with a
Kigniticant number ~yf them moving into my backyard, particularly snakes and frogs.
While Bruce Wheeler is concerned about the "c:ritical, ..functionality of (his) lot", he dues
not seem to have much concern for the swamp like conditions which have developed
rlc7wnstream. .T have already spent over $50,[100 on a retaininl; wall to maintain my awn
lot line and stay within the boundaries afthc wetlands. "The next three neighbors
OCT-25-E555 THU 55:59 TEL: [phone] NAME:DWQ-WETLAh~dDS P. 2

FF'Uf~1 :SHhJLiHILLS HEHRT SURiaERY FAQ; N0. :91~ 323 951 Dct. 2~ 2~~5 ~71:15PM P3,'a
downstream have also noted the intense flooding which has been occurring since the lass
of wetlands. This happenq five to seven times a year. 1 havc spoken individually wtthree
Mike and Laura. Lewis, next door, Dr. $ongtt, two doors down, and Mr. Bob Davis,
doors down. They live on lots 243, 203, and 201. Mr. Davis has brou6ht additional
Town Administrators and Lawyers onto my property for review and personal inspection
of the flaodinl; which continues to occur, Our previau.s next door neighbor, Robert Reed,
noted flood water covering his entire backyard as well as completely flooding the floor of
his garage. The Lewis's have noted the same backyard destruction twice in the last: b
months,
"The cumulative wetlands destruction, with the estimated 1.50,000 cubic Meet of fill,
seriously threatens the surrounding property, as well as the wildlife which haq now been
displaced. We have noted over a dozen turtles in our pool, obviously displaced from
their previous homes in tear h of new land nI do n t even want to talk about the snakes.
through our property, ~n ,.
Another major development with the filled in wetlands has been the development of a
large swamp like marsh, at the back corner of my property, were the wetlands were not
illegally Tilled in. This represontg major environmental concerns for the breeding of
mosquitoes with arbaviruses and the potential of life threatening; diseases with the
increat~ed risk of West Nile Encephalitis, Yellow fever, Dengue fever, Hemorrhagic
fever, and even Eastern Equine f?nccphalitis.
'Phis swamp creates an environmental hazard for the twenty five small children who play
in our yard. We havc six, the Lewis's havc coven, and there are an additional 12 friends
who regularly play in our yard. Drowning represents a very litigious event in these
conditions. The safety of our children has been threatened by the nonequitable
coRnpiiance to the wetlands property line, Attachment B clearly shows the nco.rly 15 foot
discrepancy between lots 204 and 205 at the back corner. The Attachment does not show
eievatiott, but there is a 6 foot drop off between the filled in wetland and. the non-filled in
wetlands. A Icyt of children can drorH•n in 6 meet of water,
The removal of these hundreds of thousands c)f cubic feet of dirt would help restore the
natural flow of water through Buckhead creek during rainfall, This would reduce both
flooding and the high risk of drowning. It would also restore the natural aesthetics of the
Suckhead creek, with a.n attempt of restoring land to its original condition. Hopefully,
the snakes, frogs, and turtles will be able to ~;o back home.
While I am bothered by the homeowner's lick of insight into the wet lands rules and
property lines, we have all carne to realize that ignorance of the law is no excuse. 1 do
not feel my family, my property, nor should the other families and their children, nor
their property, have to quffor the consequences of. this illegally .filled in wetlands. I do
not feel that the displaced snakes, frogs, and turtles of Buckhead Creek should have to
continue searching fc~r new Names.
O~:~T-~t~-~k~1~5 THU ~1: ~~ TEL: [phone]~g3 NRME: DWQ-WETLF~NDS F. 3

FROPrI :9(~t~JUHILLS HEHPT BURGER`,' FA}~ hJO. :910 3z3 9501 Oct. 20 X005 01:1rPP~1 P4~'4
in order for Buckhcad Creck to flow ahd drAll as ~t` ~ to Ms'. Broadwellteight yeses ago.
be restored, at least to the conditions orig~na y ~'
Allowing the McKnight°s and Wheel l efteca t totherl~esidensin Buckhea and our
only wrong in principle, it his ha,~nfii
Earth:.
Thank You very much for your tir<le and attention to this matter.
Sincerely,
Robert Fietsam, Jr., MD, FAGS
Homeowner
4423 Ferncreek Drive
Fayetteville, NC 28314
(910}485-41.42
iJf :T-20-20N5 THU 01:00 TEL: 919T336R93 NAh1E: DWQ-WETLAhJDS F'. ~