20051672 Ver 1_More Info Received_20060425

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ATTORNEYS AT LAW
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KURT J. OLSON
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Apri124, 2006
Ms. Lillette Granade
Regulatory Division
Department of the Army
Wilmington District, Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402-1890
Re: Action ID No.: 200500470 and 200500471
Our File No. 18122.002
Dear Ms. Granade:
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Enclosed is the affidavit of D. J. H. Carter, III which I request be placed in the record in
the above referenced action items.
Very truly yours,
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Kurt J. son
Enclosure
cc w/encl.
Stormie Forte, Esq.
Cindy Karoly
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In the Matter of Action
ID. Nos. 200500470 and 200500471
_ )
KATHERINE and TERRY McKNIGHT ©~ - i lz 1) ~,
and ) AFFIDAVIT OF
BRUCE WHEELER and TAMMY WHEELER, ) DR. J. H. CARTER, III
C 5 -1 to '1 '.~ )
Applicants. )
The undersigned, Dr. J.H. Carter III, being first duly sworn, hereby deposes and says:
1. My name is J.H. ("Jay") Carter III. I have a PhD in Zoology/Ecology and am the
principal scientist in my company, Dr. J.H. Carter III & Associates, Inc. I have 18 years of
experience in the field of wetland delineation and permitting. I am above the age of eighteen,
not subject to any legal disabilities, and make the following statements based on my personal
knowledge.
2. I have been retained by Terry and Katherine McKnight and Bruce and Tammy
Wheeler to assist them in obtaining after-the-fact permits for fill on property they own in the
Buckhead residential subdivision in Fayetteville, North Carolina. The permit action for the
McKnights' property (Lot 205) has been assigned Action Identification Number 200500470 by
the U.S. Army Corps of Engineers. The Wheelers' property (Lot 206) has been assigned Action
Identification Number 200500471 by the Corps. Both permit actions involve single-family
residences in the Buckhead subdivision.
3. The McKnights' and Wheelers' residences back up to the floodplain of Buckhead
Creek. On each property a small portion of fill has been placed in the floodplain to make part
of the backyard, although in the case of the Wheelers, virtually all of the backyard is fill. The
amount of fill is 0.036 acre in the case of the McKnights and 0.054 acre for the Wheelers.
ItgLEIGH1491367_ 1

Together, the fill is less than 0.10 acre. It has been my experience that this amount of fill is
extremely small and except in very rare cases, entirely unlikely to have any real impact on the
aquatic environment. This is not one of those rare cases.
4. In the course of assisting the McKnights and Wheelers I have canvassed the area
both upstream and downstream along Buckhead Creek. I also have asked Bill Mullen, a
wetlands biologist with my company, to examine the area. Bill has prepared detail reports on his
findings and I have reviewed the reports and discussed the findings and conclusions with him.
5. Based on this work I have found that the area upstream from the McKnights' and
Wheelers' residences is the headwaters of Buckhead Creek. In this area there has been a
significant amount of road construction and.commercial development. All-American Freeway,
Clifdale Road, Morganton Road and Glensford Drive are among the roads constructed in the
area. Cross Creek Mall is an example of the commercial development. Almost all of the
tributaries and stream channels in the headwaters area of Buckhead Creek have been filled,
piped, cunverted or otherwise manipulated. No natural stream corridors remain. Most of the
uplands have been converted to impervious surfaces.
6. As a result of the development upstream and the channeling of stormwater off
impervious surfaces, Buckhead Creek now receives large flushes of stonnwater during storm
events. It is my opinion that this change is responsible for any increase in the frequency or
severity of flooding that has been observed along Buckhead Creek. It is also my opinion that the
small amount of fill at issue with the McKnights' and Wheelers' permits has had no impact on
the frequency or severity of flooding. The encroachment into the floodplain from this fill is
negligible and does not constrict the flow of the creek. The flooding, to the extent there has been
any change, is due to the volume of water now being flushed down Buckhead Creek, not the fill.
RALEIGH~491367_ I 2

7. Also in the course of our work, we were asked to identify possible measures that
can be taken to offset or mitigate impacts from the 0.10-acre of fill at issue. Again, it is my
opinion that there has been no impact. Nevertheless, we have identified a parcel of land closely
located to the McKnights' and Wheelers' residences that appears suitable for compensatory
mitigation. The property is privately owned and is the first well-vegetated, stable area that
stormwater encounters as it moves downstream. In this area, Buckhead Creek has retained some
of its natural sinuosity and during heavy rain events the floodplain in this area serves to slow the
flow of the creek. This allows for. the deposition of alluvial material from upstream. The stream
banks and floodplain are well vegetated with trees and shrubs which help stabilize the area. In
my opinion, this property is very valuable relative to the upstream condition of Buckhead Creek
and preservation of the property should more than offset any impacts that are attributable to the
less than 0.10 acre fill on the McKnights' and Wheelers' lots.
This Affiant says nothing further.
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J.H a er,III
NORTH CAROLINA
~ U O ~°. COUNTY
The undersigned Notary Public hereby certifies that on this ~ day of , 2006,
the said J.H.Carter III personally appeared before me and duly subscribed the foregoing
Affidavit.
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