20051673 Ver 1_Public Comments_20051021

October 11, 2005
North Carolina Division of Clean Water Act (NCDWQ)
2321 Crabtree Boulevard,
Suite 250
Raleigh D ~ ~ ~ ~~~~~ ~ ~~
North Carolina 27609-2260
OCT 2 1 Z~Q5
Attention: Ms Cyndi Karoly
DENR - WP;TER QU~.LITY
Dear Ms. Karoly: ;n~TtANDS AhlD ;TOR~dYVATER aRA-~CF+
I am the homeowner at 4423 Ferncreek Drive, in the Buckhead subdivision in
Fayetteville, North Carolina. I have been informed that my two next door neighbors
have applied for after the fact individual permits to continue their destruction of the
wetlands in the Buckhead Subdivision.
In the article entitled "Public Notice", it is clear that a major portion of the wetlands has
already been filled in by Don Broadwell. According to your provided maps, about 60%
to 70%, or almost two-thirds, of the wetlands along the Buckhead Creek has already been
filled in. In the last 2-3 years an additional 0.6 acres of wetlands has been temporary
disabled by the addition of tons of dirt and fill-rock. This fill has been to a depth of over
six to seven feet. This corresponds to over 150,000 cubic feet of fill illegally dumped
into the wetlands. This displacement has resulted in recurring flooding downstream, and
probably upstream, from the filled in lots, and well as major wetlands erosion and
destruction with each and every major rainfall. There has been a major loss of storage
area for storm and flood waters. The water purification and natural filtration function of
the Buckhead Creek has been severely disrupted. There has been a major increase in the
erosion 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 0.6 acres wetland destruction, in addition to the other 0.9
acres allowed for Mr. Broadwell, has reached a cumulative and critical level of wetland
destruction along Buckhead creek, with accumulative and recurrent flooding and
destruction for the entire row of houses in the Buckhead subdivision along the creek. As
noted 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
Creek Mall, through Barnes and Nobles, and now 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 been displaced, with a
significant number of them moving into my backyard, particularly snakes and frogs.
While Bruce Wheeler is concerned about the "critical... functionality of (his) lot", he does
not seem to have much concern for the swamp like conditions which have developed
downstream. I have already spent over $50,000 on a retaining wall to maintain my own

lot line and stay within the boundaries of the wetlands. The next three neighbors
downstream have also noted the intense flooding which has been occurring since the loss
of wetlands. This happens five to seven times a year. I have spoken individually with
Mike and Laura Lewis, next door, Dr. Bongu, two doors down, and Mr. Bob Davis, three
doors down. They live on lots 203, 203, and 201. Mr. Davis has brought additional
Town Administrators and Lawyers onto my property for review and personal inspection
of the flooding which continues to occur. Our previous 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 6
months.
The cumulative wetlands destruction, with the estimated 150,000 cubic feet of fill,
seriously threatens the surrounding property, as well as the wildlife which has now been
displaced. We have noted over a dozen turtles in our pool, obviously displaced from
their previous homes in search of new wetlands. Frogs are weekly if not daily travelers
through our property, in search of new land. I do not even want to talk about the snakes.
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 filled in. This represents major environmental concerns for the breeding of
mosquitoes with arboviruses and the potential of life threatening diseases with the
increased risk of West Nile Encephalitis, Yellow fever, Dengue fever, Hemorrhagic
fever, and even Eastern Equine Encephalitis.
This swamp creates an environmental hazard for the twenty five small children who play
in our yard. We have six, the Lewis's have seven, 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
compliance to the wetlands property line. Attachment B clearly shows the nearly 15 foot
discrepancy between lots 204 and 205 at the back corner. The Attachment does not show
elevation, but there is a 6 foot drop off between the filled in wetland and the non-filled in
wetlands. A lot of children can drown in 6 feet of water.
The removal of these hundreds of thousands of 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
Buckhead creek, with an attempt of restoring land to its original condition. Hopefully,
the snakes, frogs, and turtles will be able to go back home.
While I am bothered by the homeowner's lack of insight into the wet lands rules and
property lines, we have all come to realize that ignorance of the law is no excuse. I do
not feel my family, my property, nor should the other families and their children, nor
their property, have to suffer 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 for new homes.

In order for Buckhead Creek to flow and drain as it was intended, the wet lands need to
be restored, at least to the conditions originally granted to Mr. Broadwell eight years ago.
Allowing the McKnight's and Wheelers to have the rules changed after the fact is not
only wrong in principle, it has harmful effects to other residents in Buckhead and our
Earth.
Thank You very much for your time and attention to this matter.
Sincerely,
Robert Fietsam, Jr., , FACS
Homeowner
4423 Ferncreek Drive
Fayetteville, NC 28314
[phone]