BRUNSWICK COUNTY— A Brunswick County man is seeking a solution after discovering nearly all the fish in his pond were floating to the surface, dead, on Tuesday.
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Terry Boldt believes the fish kill is due to ash in the water from wood burning as construction is underway at a nearby development. Local and state agencies have informed him little recourse is available; consequently, he is contemplating taking legal action.
On July 16, Boldt stepped outside to find approximately 25 vultures circling his pond. Upon closer inspection, he discovered almost all 200 fish were deceased.
Boldt said debris and ash were floating, too, something he and other neighbors have observed since the burning began over a month ago. They live near an upcoming residential development constructed by a Raleigh based developer, McKee Homes, on 64.53 acres at the corner of Gilbert and Benton Road, where controlled burning is used to clear trees.
“I don’t know, [ash] must have gotten to be so much that it finally just took a toll,” Boldt told Port City Daily Wednesday.
Boldt’s property line is adjacent to the development, around 200 yards from the construction site. The development includes 153 single-family lots and 58 townhomes, approved by the county’s planning board in October of 2022.
As part of the construction process, McKee Homes has been conducting controlled burns, permitted under Brunswick’s code of ordinances and regulated by the North Carolina Department of Environmental Quality and the North Carolina Forest Service.
Since the fish kill, Boldt told Port City Daily he has contacted around 10 different authorities, agencies, and experts, including Brunswick County, NCDEQ, the North Carolina Forest Service, and the North Carolina Wildlife Resources Commission and conservation biologists to better understand who is responsible and what action can be taken.
“The bottom line is: It’s not really in their department, they don’t really know who to call, and [say] ‘I don’t think I can do anything about it,’” he explained. “That’s what I’ve been told.”
Boldt’s said last month McKee Homes Coastal Regional President Bert Radford knocked on his door to introduce himself. According to Boldt, the reason was to express how the development wanted “to be good neighbors.”
“But this isn’t very neighborly,” Boldt said.
Radford told Port City Daily that neither he nor representatives from McKee Homes were aware of the incident.
Boldt did not contact McKee Homes since the fish died on Tuesday, because he wanted to see if local and state agencies could resolve the problem first.
Radford said he did not know if the ash from the burning sparked the fish kill, however he did say that the burning picked up over the last week due to wet grounds.
“Wet weather allowed them to burn more than they normally have on other days,” he said. “We are more than 95% done now.”
He said that if no agency can provide a resolution, there is a strong possibility he will take out a civil suit against the developer if he can prove that the ash or any other construction-related factors caused the fish kill.
Boldt intends to have the pond tested to determine the true cause and estimate the financial impact if the burning is indeed responsible. This includes expenses for clearing and restoring the pond, addressing damages from debris, and caring for his horses. He
“They probably have a lot deeper pockets than I do,” he said. “But it’s probably something that I need to do because if I don’t, then they’ll just do this to the next person.”
UNCW geology and environmental science professor Roger Shew — who is not connected to the incident — told Port City Daily the ash is a possible reason for the mass death. He explained the most common cause of a fish kill is low dissolved oxygen in the water. This can occur when contaminants or organic material are washed into the water during heavy rain.
Boldt believes the ash is affecting his horses’ health, too, as two have developed coughing issues since the burning started, a condition they did not have before.
Other residents in the area told Port City Daily they were experiencing negative effects from the burning as well.
Alyssa LaMora resides at Green Ridget Trail. Her property borders the residential development. She mentioned her family has observed burned wood bark, ash, and sand accumulating on their cars and other items on their property. One of her family members has asthma and has increased the use of her inhaler due to the smoke and particulate matter in the air.
“It’s been so smoky; like right now, I am looking at probably a 100-foot flame,” she said on a phone call from her home Wednesday afternoon.
LaMora has not dealt with fish kill in her property’s pond; however, she believes it’s because she has more tree coverage and is further away from the burning than Boldt.
Brunswick County spokesperson Meagan Kascsak explained Boldt’s concerns, as they are related to water and air quality, do not fall under the county’s jurisdiction.
She said when Boldt’s wife, Lori, first raised issues about potential debris from the burning on May 9, Marc Pages, the county’s principal planner, informed the Boldts the North Carolina Forest Service and the NCDEQ are the appropriate agencies to contact, as they regulate and issue permits related to burning and air quality. Pages then provided them with contact information.
“We have worked to address their concerns in a timely and thorough manner,” Kascsak wrote in an email Thursday.
On Friday, Boldt reached out to Tom Tharrington, assistant supervisor for the water quality regional operations division in NCDEQ’s Wilmington office. Boldt said Tharrington told him he would send out a fish biologist and wetlands specialist on Monday, July 22, but it’s likely nothing would come from it.
“The regulations are so lax and broad for burning,” Boldt said Tharrington relayed. “He’s seen situations where this has happened before. Andm basically, they can get away with it, and there are no repercussions.”
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Port City Daily reached out to Tharrington to ask if NCDEQ is opening an official investigation and what actions can be taken. Josh Kastrinsky, communications director at NCDEQ, said due to IT issues impacting state agencies from Friday’s global outage, DEQ wouldn’t be able to answer questions by press; however, he noted the agency is looking into the matter.
“Staff plans to review the development site in question and an adjacent stream in the near future to learn more,” Kastrinsky wrote in an email.
Boldt also said he visited the forest service’s Brunswick office in Supply on Friday afternoon to ask what could be done. A representative told him all they can do is make sure the developer has the proper burn permits and is following regulations.
According to the forest service, open burning in North Carolina must adhere to specific guidelines to minimize risks to public health and safety. Burns should be conducted when prevailing winds carry smoke away from densely populated areas. The burn site must be located at least 500 feet away from any occupied structures. If the wind direction is toward a roadway, the burning site must maintain a distance of at least 250 feet from the road’s edge. Only kerosene, distillate, or diesel fuel can be used to ignite the fire.
Additionally, burning is restricted to the hours between 8 a.m. and 6 p.m., and no additional material can be added outside of this timeframe.
“I can’t stop development.” Radford said. “But I can try to be a good neighbor and make sure we are very conscious about what we are doing. ”
Radford added that the controlled burning would be completed on July 22, weather permitting.
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