20140176 Ver 1_NOV Response_20181220

Strickland, Bev
From: David Bunn <[e-mail]>
Sent: Thursday, December 20, 2018 3:24 PM
To: King, Morella s
Cc: Elijah Morton; Curtis Morton; Jennifer Morton Ward; Snider, Holley; Sams, Dan; Mairs,
Robb L; Capito, Rachel A CIV USARMY CESAW (US); Higgins, Karen; Sullivan, Shelton
Subject: [External] Peyton Lake - NOV 2018 -PC -0449
Attachments: PeytonsRidgeLake.WetlandsMaps.121918.pdf, Peytons Rainfall Data.pdf,
SKM_C45818122015060.pdf
Ms. King,
Please see the attached correspondence and enclosures mailed to you today in regards to the NOV 2018 -PC -0449 for
the above -referenced project.
David A. Bunn
Inspector / doh
Parker & Associates, Inc
Jacksonville NC, 28540
Firm License Number F-0108
910-455-2414 - Office
910-455-3441 - Fax
Parkedacksonville.com
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1

ENGINEERS •SURVEYORS• PLANNERS
[phone] 1 Fax [phone]
306 New Bridge Street I P.O. Box 976
Jacksonville, NC 28541-0976
Firm License Number F-0108
Via Certified Mail and Email
Ms. Morella Sanchez -King
Acting Regional Supervisor
Water Quality Regional Operations Section
127 Cardinal Drive
Wilmington, NC 28405
Dear Ms. Sanchez -King,
ATk
December 20, 2018
RE: Peyton Lake
Onslow County, NC
NOV 2018 -PC -0449
We are writing to you on behalf of Mr. Elijah Morton, in response to a Notice of
Violation letter dated November 28, 2018 for the above referenced project. Response to
the items requested is as follows:
An 11" x 17" restoration plan for Peyton's Ridge, Section VI and Peyton Lake
titled "Wetlands Sediment Impact" (Sheets 1-4 of 4) is enclosed for your use. The
plan shows the current 404 wetlands delineation, and the limits of impacts from
sedimentation (four impacts total). The impact limits were flagged by Robb Mairs
of the Division of Water Resources and Rachel Capito of the Army Corps of
Engineers on October 23, 2018. We have been in direct contact with Mr. Morton
and his employees since the NOV letter was delivered to him to assure restoration
is implemented in this manner as soon as practical.
2. Restoration of the impacted areas is currently underway. After the original site
visit by Holley Snider and Robb Mairs on June 19, 2018, Mr. Morton's staff
began working on the impacted area behind Lot 275 to prevent further
sedimentation into the wetlands. By July 18, a wall of rip rap was installed around
the wetlands in an attempt to stop sedimentation from occurring in the wetlands as
sediment removal had already begun. By August 30, the entire rear and side of
Lot 225 had been regraded and sloped back to a 3:1 slope. The bare areas around
this lot were seeded with straw also being installed. A new sediment trap was
installed to help prevent further sedimentation, and the silt fence was reinstalled
around this lot.
Civil Engineering I Stormwater and Environmental Consulting
Feasibility and Development Planning I Land Surveying and Mapping I Subdivision and Construction Plans

Page Two of Three
December 20, 2018
Re: Peyton Lake
Between the dates of September 12-15, this area felt the full impacts of Hurricane
Florence with over 30" of rain occurring near this site. The site was not accessible
again until nearly two weeks after the hurricane. At that point, it was realized that
all previous attempts to prevent further sedimentation from occurring in the
wetlands had failed. Another site visit occurred on October 23 with Robb Mairs
and Rachel Capito flagging the extent of the impacted areas. By this time, the
slopes behind Lot 275 were repaired once again along with the silt fence and
damaged sediment traps. Sediment removal had also begun again with
approximately seven workers removing sediment from the wetlands by hand
behind Lot 275.
An email was sent on November 28 to Holley Snider and Robb Mairs indicating
all of the sediment appeared to have been removed from Impact Area # 1. Mr.
Morton also had five guys working that day removing sediment from Impact Area
#3. Pending future inclement weather conditions and holidays, Mr. Morton plans
to have all sediment removed from the wetlands and all erosion control measures
installed and properly functioning within 37 days of this letter (This will coincide
with the response to the SPCA NOV issued June 25, 2018. The 37 days has been
adjusted for inclement weather days and for holidays). A revised plan will be
submitted in a separate email detailing a permanent solution to prevent
sedimentation from occurring in this area again.
3. To prevent these types of problems from recurring in the future, Mr. Morton and
the contractor will review the design plans and the construction sequence prior to
beginning work, and will contact the engineer if any questions or modifications
arise in regards to erosion control. Mr. Morton will also help ensure the contractor
installs and maintains all designed erosion control measures on site and add more
if needed. Stormwater Self -Inspections have been conducted on site and Mr.
Morton and the contractor will thoroughly review these reports and implement
any repairs that are needed.
We do not feel Mr. Morton deserves a penalty due to the severity of the inclement
weather conditions he has faced. After the site visit from Holley Snider and Robb
Mairs on June 19, 2018, Mr. Morton and his staff had just over three weeks of
suitable weather to assess and begin resolving the issue of sedimentation in the
wetlands. During those three weeks, Mr. Morton's staff made progress removing
sediment from the wetlands and attempting to temporarily prevent further
sedimentation. The next 25 days, the area received 20.4" of rainfall, with only six
days of not recording a rainfall. Several of these rain events were over 2.0".
After that extended period of inclement weather, Mr. Morton was once again able
to assess and begin resolving the issue of sedimentation in the wetlands. Much of

Page Three of Three
December 20, 2018
Re: Peyton Lake
the progress previously made was damaged allowing sediment to enter the
wetlands again. During this second period of suitable weather (29 days), Mr.
Morton's staff was able to make even more progress removing sediment from the
wetlands and attempting to permanently prevent further sedimentation by sloping
the rear of the lot to a 3:1 slope and seeding and adding straw to the lot. Erosion
control measures were once again cleaned and re -installed.
Hurricane Florence severely impacted the area from September 12-15 dropping
over 30" of rain in this area (mostly over a two day span). The site was
inaccessible for nearly two weeks after the hurricane left the area. Once again Mr.
Morton was left to access the damage left by the unprecedented amount of rain
from Hurricane Florence. During the three weeks prior to the site inspection by
NCDEQ and the USACE on October 23, Mr. Morton's staff began removing
sediment from the wetlands and attempting to prevent further sedimentation.
Since the site inspection on October 23, the site has received a rainfall every 3-4
days with the exception of one week at the end of November and one week at the
beginning of December. However slow and difficult due to the inclement weather
the site has seen, Mr. Morton has been able to make some progress on removing
the sediment from Impact Areas #3 and #4.
Please find enclosed two (2) copies of the Wetlands Impact maps (Sheets 1-4 of
4). Also attached is one copy of the rainfall data dating from March 1, 2018 to
current showing the 97.6 inches of rain that has fallen on this site. If any
additional information is required for this matter, please contact me.
Sincerely,
David A. Bunn
Inspections Supervisor
Enclosures
DAB/djh
ec: Mr. Elijah Morton — Morton Trucking (w/ paperwork)
Jennifer Ward — Morton Trucking (w/ paperwork)
Dan Sams — DEMLR WiRO
Holley Snider — DEMLR WiRO
Robb Mairs — DWR
Rachel Capito — USACE
Karen Higgins — 401 Wetlands and Buffers Unit
Shelton Sullivan — 401 Wetlands and Buffers Unit
C 1.2018.DAB. Letters. PeytonsRidgeNO VResponse.401 wetlands. 121918

Legend
Ac. - Acreage
240 - Lot Number
— • • — - Wetlands Line
– - Impact Area
125 ;
X135, `134; �
� �_ \
'r 124 i /r123.'1 \ Peytons Ridge, Section III
` � _ 1 �\ M.B. 66, Pg. 159
��• .� .�.-� \ ✓' � '', x116; R
121 r • – Sediment
O248 249 ��/ – V 115 , Impact #1
\•, ` �/ r122i\�� 0.01 Ac.
G
\ �— -
247 � 250 �• � • + • • � ,// • f -
`•••-••••~ 251 _274
a
•� • •2s9 270 271
273
246
245
F
Q-5 22
a Tr lis
,r :--j • • • I 268 22C
Wa 272
221
r •
C'••• '� 267 266 265 222
4 ), •/ 264 to etl
244 243 • • . • 1. v
fi, 256 257
242 P
Section VI DTIV
241 �--•
240
Peytons
Lake 323
322
321
278
263 231
262
261 232
233
260
234
59 229
235
258
f (239
275
276
237 •�: -
/ Peyton Ridge, Section II
�• • • • / M.B. 64, Pg. 225
218 �•.'.•.• r 57
I L• ��. J /
223 ' ' • �! , ; 45 i
race 224 \
225 ;�•••• \ �.�44�
43
226 �• • 42 ,
41
%',• X40 i \–
Peyton Ridge, Section I
1-1
• Sediment M.B. 62, Pg. 137
Impact #2 –
0,007 A=. � 39 ,
238
Sediment
. Impact #3
1••• O.lOAc. I
3 Section V1
Sediment• •-� •)•
Impact #4 -
0.32 Ac.
Peyton
�• Lake
- CA/?
IAI /7/
QLA .. RO�/
� CC
•4� SEAL r•
r
• 34978
tol
• F
A.
//1111 H
Wetlands Sediment Impact Overall Exhibit (Sheet i of 4)
Proiect: owner:
PEYTOI�`\�'S RIDGE Onslow Development
$ CTIOIII k` ' Group, LLC
121 Garnet Lane
P ,EYTONS LAKE
Jacksonville, North Carolina 28546
Swansboro Twp., Onslow Co., North Carolina [phone]
SITE
0
�m
o�
;Zn
CL
e NL Hwy. 24
Vicinity Sketch
Notes:
1. The purpose of this map is to show the areas in which
sediment has impacted the wetlands.
2. Wetlands line delineated by Pittman Soil Consulting;
Surveyed by Parker & Associates, Inc. in Feb. 2011,
Delineation approved by the U.S.A.C.O.E. on Sept. 26, 2011.
3. Limits of Sediment Impacts flogged by Division of
Water Resources and USACE and surveyed by
Parker & Associates, Inc. on 10/23/18.
4. All sediment shall be removed by hand labor
(buckets, shovels, and wheel barrows). No
mechanized equipment is allowed in the wetlands.
5. Once all sediment is removed, contact Robb Mairs
(910-796-7303) at the NCDEQ Division of Water
Resources for final verification.
TOTAL SEDIMENT IMPACT = 0.44 ACRES
TOTAL SEDIMENT DEPOSITED = 30,274.2 cu.ft.
Date: 10/30/18 PARKE : & ASSOCIATES INC.
Scale: 1"=300' GRAPHIC SCALE: 1"=300'
Field book: N/A Engineers - Surveyors - Planners
File Name: Peytons VI - Wetlands Impact.dwg 0 100 200 300 600 Jacksonville, North Carolina 12K
Disk Name: Acad 2476 P.O. BOX 976 - 306 New Bridge Street - 28540
Drawn: KHW FEET Phone [phone] - www.ParkerJacksonville.com
Job No.: S121025-5487 N.C. Firm License Number: F-0108 (N
R

,- - - -
Legend
tea.
Ac. - Acreage
�
-
o
. —
Peyton Ridge, Section III
M.B. 66, Pg. 159
240 - Lot Number
Line
—- -Wetlands
e
hOn
_ _
- Impact Area-7_
O
�cR
SITEIle
/
kuhery Blvd.
\
W
W
, . � • �
' � • -.L .. � . � ' •
T�son`�Ile NC Hwy. 24 ibO'o
�
/��
Vicinity Sketch
Notes:
1. The purpose of this map is to show the areas in which
sediment has impacted
t
$
2. Wetlands line delineated by Pittman Soil Consulting;
Q�
Impacts#1
:
Surveyed by Parker & Associates, Inc. in Feb. 2011,
�+
0.01 Ac.
N
Delineation approved by the U.S.A.C.O.E. on Sept. 26, 2011.
c�
Z
3. Limits of Sediment Impacts flagged by Division of
V�
Water Resources and USACE and surveyed by
7
Parker & Associates, Inc, on 10/23/18.
O
4. All sediment shall be removed by hand labor
(buckets, shovels, and wheel barrows). No
tmechanized
equipment is allowed in the wetlands.
5. Once all sediment is removed, contact Robb Mairs
\
(910-796-7303) at the NCDEQ Division of Water
Resources for final verification.
\
SEDIMENT IMPACT #1= 0.01 ACRES
—
\
SEDIMENT DEPTH = 0.5'
TOTAL SEDIMENT DEPOkkjlMkl�f q py ft.
219
``��0�'(' . • OZzy����
:•CL SEAL 9r
• 349T#' --
Project:
PEYTONS RIDGE
i
SECTION VI
Swansboro Twp., Onslow Co., North Carolina
A=enanas -Sed Iment impact 4ra. Exhibit anent c vl 4j
Owner:
Date: 10/30/18
Onslow Development Scale: 1"=30'
Grou LLC Field book: N/A
p, File Name: Peylons VI - Wetlands Impact.dwg
121 Garnet Lane Disk Name: Acad 2476
Drawn: KHW
Jacksonville, North Carolina 28546 Job No.: S121025-5487
[phone]
GRAPHIC SCALE: 1"-30'
0 10 20 30 60
FEET
11-4 -/jr
PARKER & ASSOCIATES, INC.
Engineers - Surveyors - Planners
Jacksonville, North Carolina
P.O. Box 976 - 306 New Bridge Street - 28540
Phone [phone] - www.ParkerJacksonville.com
N.C. Firm License Number: F-0108
0
I

Sediment
235 229 Impact #2 /
O I �/ �/ .. ` • � .. Z2H �'' 0.007 Ac.
�'
SITE
IS, N1.
J
236N1.
N, TOTAL SEDIMENT IMPACT #1 .01 ACRES
\ SEDIMENT DEPTH = 0.5' E
J/ TdrAL SEDIMEN;t;'DEPO ED = 217.8 cy.ft39 Blvd. t
\ ♦ Hub o
\SonNlle NC Hwy. 24 \Swp bon
Vicinity Sketch
\ — —
—Notes:
237 \ �l/ �I/ �I/ � �I • ¢
1. The purpose of this map is to show the areas in which
\ Peyton Ridge, Section I sediment has impacted the wetlands.
M.B. 62, Pg. 137 2. Wetlands line delineated by Pittman Soil Consulting: Surveyed by
Parker & Associates, Inc. in Feb. 2011, Delineation approved by
the U.S.A.C.O.E. on Sept. 26, 2011.
O 3. Limits of Sediment Impacts flogged by Division of Water
U Resources and USACE and surveyed by parker dt Associates, Inc.
W on 10/23/18.
1 e 4. All sediment shall be removed by hand labor (buckets, shovels,
Nand wheel barrows). No mechanized equipment is allowed in the
wetlands.
°O 5. Once all sediment is removed, contact Robb Mairs(910-796-7303)
0
0 z` at the NCDEQ Division of Water Resources for final verification.
Sediment Legend
1mpact010 A#3 38 i SEDIMENT IMPACT #2 = 0.007 ACRES
_ Ac. - Acreage SEDIMENT DEPTH = N/A
239 `�e`�N CAR®/// TOTAL SEDIMENT DEPOSITED = N/A
b /Q,'J'��� 240 -Lot Number
v •�� SEAL 9>r°; — — • — -Wetlands Line SEDIMENT IMPACT#3 = 0.10 ACRES
SEDIMENT DEPTH = 0.5'
O - Impact Area TOTAL SEDIMENT DEPOSITED = 2,178 cu.ft.
-
3
b
Wetlands Sediment Impact #2 & #3 Exhibit (Sheet 3 of 4)
Project:
PEVTONS RIDGE
SECTION VI
Swansboro Twp., Onslow Co., North Carolina
Owner: -- - -
Date: 10/30/18 PARKER & ASSOCIATES, INC.
Onslow Development scale: V=50' GRAPHIC SCALE: V=50'
Field book: N/A Engineers - Surveyors - Planners
Groups LLC File Name: Peytons VI - Wetlands Impact.dwg o 5o loo Jacksonville, North Carolina
121 Garnet Lane Disk Name: Acad 2476P.O. Box 976 - 306 New Bridge Street - 28540
Drawn: KHW
Jacksonville, North Carolina 28546 Job No.: 5121025-5487 FEET Phone [phone] - www.ParkerJacksonville.com
[phone] N.C. Firm License Number: F-0108

i
Project:
PlYTONS RIDGE
SECTION VI
Swansboro Twp., Onslow Co., North Carolina
Legend
Ac. - Acreage
240 - Lot Number
— - Wetlands Line
- Impact Area
I
4
I
I `I'
238 �• W
Section VI
Peyton_:
Lake
\ 1
Wetlands Sediment Impact #4 Exhibit (Sheet 4 of 4)
Owner:
Onslow Development
Group, LLC
121 Garnet Lane
Jacksonville, North Carolina 28546
[phone]
Dale: 10/30/18
Scale: 1"=50'
Field book: N/A
File Name: Peytons VI - Wetlands Impact.dwg
Disk Name: Acad 2476
Drawn: KHW
Job No.: S121025-5487
GRAPHIC SCALE: 1"=50'
0 50 100
FEET
91"
4 SITE
os
Z N
o
�L m
Q
0 Z
" , Blvd. — u_
NC Nwy. 24
Vicinity Sketch
Notes:
1. The purpose of this map is to show the areas in which
sediment has impacted the wetlands.
2. Wetlands line delineated by Pittman Soil Consulting;
Surveyed by Parker & Associates, Inc, in Feb. 2011,
Delineation approved by the U.S.A.C.O.E. on Sept. 26, 2011.
3. Limits of Sediment Impacts flagged by Division of
Water Resources and USACE and surveyed by
Parker & Associates, Inc. on 10/23/18.
4. All sediment shall be removed by hand labor
(buckets, shovels, and wheel barrows). No
mechanized equipment is allowed in the wetlands.
5. Once all sediment is removed, contact Robb Mairs
(910-796-7303) at the NCDEQ Division of Water
Resources for final verification.
SEDIMENT IMPACT #4 = 0.32 ACRES
SEDIMENT DEPTH = 2.0'
TOTAL SEDIMENT DEPOSITED = 27,878.4 cu. ft.
wl,Ro
°4. SEAL-
• 34578 -
y� • �*GI
'�iiA1 •�`� fIN
PARKER & ASSOCIATES, INC.
Engineers - Surveyors - Planners
Jacksonville, North Carolina
P.O. Box 976 - 306 New Bridge Street - 28540
Phone [phone] - www.ParkerJacksonville.com
N.C. Firm License Number: F-0108

Peyton's Lake - Rainfall Data
*Data beginning March 1, 2018
Day
Date
Amount (Inches)
Thursday
3/1/2018
0.4
Tuesday
3/6/2018
0.2
Wednesday
3/7/2018
0.2
Monday
3/12/2018
0.8
Sunday
3/18/2018
0.1
Tuesday
3/20/2018
1.5
Saturday
3/24/2018
0.2
Sunday
3/25/2018
0.8
Wednesday
Total Rainfall for March =
4.2
Wednesday
4/4/2018
0.1
Saturday
7/7/2018
1.1
Monday
4/9/2018
0.4
Sunday
4/15/2018
2
Tuesday
1 4/24/2018
1.9
Friday
1 4/27/2018
0.1
Thursday
Total Rainfall for April =
5.6
Sunday
5/6/2018
0.6
Thursday
5/17/2018
0.1
Friday
5/18/2018
0.3
Saturday
5/19/2018
0.5
Sunday
5/20/2018
0.1
Monday
5/21/2018
0.1
Thursday
5/24/2018
1.3
Monday
5/28/2018
3.8
Tuesday
5/29/2018
3
Wednesday
5/30/2018
1
Thursday
5/31/2018
0.8
Total Rainfall for May =
11.6
Saturday
6/2/2018
0.2
Thursday
6/7/2018
0.3
Thursday
6/14/2018
0.2
Friday
6/15/2018
1.1
Sunday
6/17/2018
0.3
Monday
6/18/2018
0.1
Sunday
6/24/2018
1.5
Tuesday
6/26/2018
0.4
Thursday
6/28/20181
0.6
Total Rainfall for June =1
4.7
** Data from highlighted cells comes from a nearby rain gauge that was emptied each day.

Peyton's Lake - Rainfall Data
*Data beginning March 1, 2018
Day
Date
Amount (Inches)
Saturday
7/7/2018
0.4
Thursday
7/12/2018
1.4
Friday
7/20/2018
1
Saturday
7/21/2018
1.8
Monday
7/23/2018
0.5
Tuesday
7/24/2018
2.2
Wednesday
7/25/2018
2.6
Friday
7/27/2018
0.5
Saturday
7/28/2018
1.1
Sunday
7/29/2018
0.7
Monday
7/30/2018
0.4
Tuesday
7/31/20181
0.3
Total Rainfall for July =1
12.9
Wednesday
8/1/2018
0.2
Thursday
8/2/2018
0.2
Friday
8/3/2018
1.7
Saturday
8/4/2018
1.1
Sunday
8/5/2018
0.5
Thursday
8/9/2018
0.7
Saturday
8/11/2018
4
Sunday
8/12/2018
0.6
Monday
8/13/2018
0.3
Thursday
8/16/2018
0.1
Monday
8/20/2018
0.4
Tuesday
8/21/2018
0.3
Total Rainfall for August =
10.1
Saturday
9/1/2018
0.4
Wednesday -
Saturday
9/12/18 - 9/15/18
33.9
Tuesday
9/25/2018
0.4
Total Rainfall for September =
34.7
Wednesday
10/10/2018
0.2
Thursday
10/11/2018
0.3
Tuesday
10/16/2018
0.2
Wednesday
10/17/2018
0.1
Friday
10/26/20181
1.4
Total Rainfall for October =
2.2
(Data from the National Weather Service)

Peyton's Lake - Rainfall Data
*Data beginning March 1, 2018
Day
Date
Amount (Inches)
Friday
11/2/2018
0.6
Monday
11/5/2018
0.6
Thursday
11/8/2018
1.4
Saturday
11/10/2018
0.1
Tuesday
11/13/2018
2.1
Thursday
11/15/2018
0.8
Monday
11/19/2018
0.4
Saturday
11/24/20181
0.5
Total Rainfall for November =1
6.5
Day
Date
Amount (Inches)
Saturday
12/1/2018
0.5
Sunday
12/9/2018
2.6
Monday
12/10/2018
0.4
Friday
12/14/2018
1.2
Saturday
12/15/2018
0.4
Current Rainfall for December =1
5.1
Total Rainfall since March 1, 2018 = 97.6
** Data from highlighted cells comes from a nearby rain gauge that was emptied each day.