WQ0018708_Other_20191112

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
November 12, 2019
Certified Mail # 7018 0040 0000 4771 5994
Return Receipt Requested
Mr. Steven D. Jones
112 Hermitage Road
Charlotte, NC 28201
Subject: Imposition of Moratorium pursuant to N.C.G.S 143-215.67
Baytree Lake Wastewater Treatment Facility Non -Discharge Permit: WQ0018708
Bladen County
Dear Mr. Jones:
I am writing to inform Lake Creek Corporation that the Division of Water Resources is imposing a
moratorium on the Lake Creek Corp. — Baytree Lakes WWTF and its collection system as a result of
Lake Creek Corporations inability to operate the wastewater treatment and disposal system in accordance
with the referenced permit. This decision is based upon the recurrent violations for flow — in conduit or
thru the treatment plant and our review of information associated with the NDMR's, as well as the
inability to certify the disposal system is capable of accepting treated wastewater in accordance with the
permit.
North Carolina General Statute §145-215.67(a) states, in part, that no person subject to the provision of
NCGS 143-215.1, 143-215.108 or 143-214.109 shall cause or allow the discharge of any wastes to a waste -
disposal system in excess of the capacity of the disposal system or of any wastes which the waste -disposal
system cannot adequately treat. Should these terms be violated, 143-215.67 states a moratorium can be
imposed "on the addition of waste to a treatment works" if the treatment works is not capable of adequately
treating additional waste. Lake Creek Corporation — Baytree Lake WWTP converted from a discharge
permit to a non -discharge permitted facility on August 22, 2001. The application was written to expand the
WWTP capacity up to 40,000 gallons per day from 20,000 gallons per day. The upgrades were never
installed as per the application. In November 2008, Lake Creek Corporation — Baytree Lake petitioned
DWQ/Non-Discharge Unit with a new/modified WWTP design to increase treatment design up to 30,000
gallons per day. The permit to upgrade was issued in February 2009, and to date hasn't been constructed.
Based on NDMR records provided by Lake Creek Corporation — Baytree Lake, the facility began having
constant flow violations beginning in 2008 thru present. Consequently, Lake Creek Corporation — Baytree
Lake should have worked on getting the I&I (inflow and infiltration) under control within their collection
system. Based on current flows reported by the facility, increasing the treatment capacity to 40,000 gallons
per day would still yield permitted flow violations. Based on the number of services (166 homes, 3 club
houses, office, and pool house) and using minimum design flow rates, Baytree WWTP could/would have
average flows in the range of 60,000 gallons per day.
D EQ�p
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NOAn-icJwauNn i
nwm,em of eem­woviRv 910.433.3300

Based upon the information noted above, the Lake Creek Corp. — Baytree Lakes WWTF and its collection
system are hereby placed on a moratorium prohibiting the introduction of any additional waste to the
collection system tributary to the WWTF beyond the 20,000 gpd authorized in the Non -Discharge permit
WQ0018708. This is to be interpreted as to prohibit the issuance of permits for new sewer line extensions
to be connected to the WWTF, any new taps or activated connections to the existing collection system,
and/or the introduction of additional volumes of new wastewater flow via existing taps, or structure
expansions (subject to the provisions of the statute). This moratorium shall become effective 45 days from
your receipt of this letter.
This moratorium will remain in effect until Lake Creek Corporation — Baytree Lake has requested and
received operational approval of the treatment and disposal systems in accordance with the limits and
requirements within the subject permit and has obtained written notification from the Division of Water
Resources lifting of this moratorium.
As required by NCGS 143-215.67(d), Lake Creek Corporation shall give public notice that a moratorium
will be placed on the addition of wastewater to the Baytree Lakes collection system and treatment facility
within 15 days of the receipt of this letter. Lake Creek Corporation shall give public notice of the
moratorium by publication of the notice one time in a newspaper having general circulation in Bladen
County. The notice shall be as provided in the enclosed sample public notice.
Lake Creek Corporation shall provide an affidavit of publication and a copy of the public notice to the
Division of Water Resources Fayetteville Regional Office within 15 days of publication.
Placement of the public notice in no way absolves Lake Creek Corporation from past or present violations
of North Carolina General Statutes. Failure to place the public notice may subject Lake Creek Corporation
to additional enforcement action by this office.
Correspondence pertaining to this moratorium should be sent to the letterhead address. If you have any
questions about this letter, please contact me by phone at [phone] or via email at
trent.allenkricdenr. og_v.
Sincerely,
DocuSigned by:
�`P^V D_UtA' Trent Allen, Regional Supervisor
5189C2 =5C42B...
Fayetteville Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
By Authority of the Director and The Environmental Management Commission
Enclosures
Cc: Upload to Laserfiche
Jay Zimmerman (Laserfiche )
Jeff Poupart (Laserfiche )
Nathaniel Thornburg (Laserfiche )
PERCS Unit (Laserfiche)
Fayetteville Regional Office File (Laserfiche)
Office of the County Manager — Greg Martin (Bladen) — PO BOX 1048, Elizabethtown NC 28337
Baytree Lakes POA — Charles H. Atkinson — 640 Baytree Drive, Harrells NC 28444
Bladen County Planning Department — Greg Elkins — 450 Smith Circle Dr., PO Box 2336, Elizabethtown NC 28337