WQ0018708_Other_20200331

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Mr. Jack Carlisle
Redbird Land Company LLC
d/b/a Baytree Lakes WWTP
8620 River Road
Wilmington, North Carolina 28412
Dear Mr. Carlisle:
NORTH CAROLINA
Environmental Quality
March 20, 2020
Subject: Notification of Sewer Moratorium
Baytree Lakes WWTP
Permit WQ0018708
Bladen County
The Division of Water Resources (hereby known as the Division) has determined that the Baytree Lakes
Wastewater Treatment Plant (WWTP) is unable to adequately collect and treat wastewater tributary to its
wastewater treatment facility based on flows it receives on a daily basis. This determination is based on
the condition that Baytree Lakes WWTP is unable to comply with the current operation of a 20,000
gallons per day (GPD) wastewater treatment and irrigation facility as set forth in Permit Number
WQ0018708. The treatment system can no longer treat and assimilate the wastewater that is received
from the collection system which contributes to the noncompliance of the Non -Discharge 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, NCGS 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.
Based upon the facts and determination noted above, the Baytree Lakes WWTP is hereby placed on a
moratorium prohibiting the introduction of any additional waste to the collection system tributary to the
Baytree Lakes WWTP. This is to be interpreted as to prohibit the issuance of permits for new sewer lines
to be connected to the WWTP, any new connections to the existing collection system, and/or the
introduction of significant volumes of new wastewater flow via existing taps (subject to the provisions of
the statute).
This moratorium will remain in effect until Redbird Land Company LLC has upgraded (design flow
increase) the Baytree Lakes WWTP sufficiently to handle and treat the volume of incoming wastewater
generated by the Baytree Lakes development or upgraded the collection system to minimize inflow and
infiltration (I & I) to comply with the flow limits of the permit. The upgrades will need to be certified by a
North Carolina registered engineer stating that all upgrades are constructed consistent with modifications
issued under permit WQ0018708. The moratorium will be rescinded when Redbird Land Company LLC
has demonstrated it can adequately control wastewater flowing to the Baytree Lakes WWTP consistent
with the flow limits in permit WQ0018708 and has obtained written notification from the Division of
Water Resources suspending the moratorium.
lox DE Q�� Office North Carolina Department of Environmental Quality I Division of Water Resources
_ Fayetteville Regional Oce 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROL INA
D".401*Ma Eft.. \ r 910.433.3300

As required by NCGS 143-215.67(d), Redbird Land Company LLC shall give public notice that a
moratorium will be placed so that no additional flow can be added to the Baytree Lakes WWTP within 15
days of the receipt of this letter. Redbird Land Company LLC shall give public notice of the moratorium
by publication of the notice one time in a newspaper having general circulation in the county in which the
treatment works are located in, i.e. Bladen County. The notice shall be as provided in the attached,
sample public notice.
Redbird Land Company LLC shall provide an affidavit of publication and a copy of the public notice to
the Division within 15 days of the publication of the Public Notice.
Redbird Land Company LLC shall contact the Fayetteville Regional Office within 7 days of
receipt of this letter to schedule a site meeting so a site survey can be performed to determine the
number of existing residences currently discharging to the Baytree Lakes WWTP and to identify
the number of residences currently under construction prior to the 15 April 2020 moratorium
deadline.
Placement of the public notice in no way absolves Redbird Land Company LLC from past or present
violations of North Carolina General Statutes. Failure to place the public notice may subject Redbird
Land Company LLC to additional enforcement action by this office. If the public notice is not published
within 15 days of receipt, then the Division of Water Resources will place said public notice of the
moratorium by publication of the notice one time in a newspaper having general circulation in the county
in which the treatment works are located in, i.e. Bladen County
Correspondence pertaining to this moratorium should be sent to the Division at the address listed at the
bottom of this letter. If you have any questions about this letter, please contact Trent Allen at 910-433-
3336 or via email at [e-mail].
Sincerely,
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DocuSfgned by:
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5189C2D3DD5C42B...
Trent Allen, Regional Supervisor
Division of Water Resources — Water Quality Programs
Attachment
cc: S. Daniel Smith, Director — Division of Water Resources
Nathaniel Thornburg, Branch Chief — Non Discharge Permitting
S. Jay Zimmerman, Section Chief - Regional Office Operations
Central Files — WQ0018708
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
910 — 433-3300

PUBLIC NOTICE
SEWER MORATORIUM
Baytree Lakes Wastewater Treatment Plant—WQ0018708
Baytree Wastewater Treatment Plant in Bladen County cannot accept the discharge of additional waste to
the Baytree Wastewater Treatment effective 15 April 2020 due to non -compliant wastewater flows
exceeding the current permit limit of 20,000 gallons per day (GPD) due to the number of homes currently
constructed in the Baytree Lakes development and inadequate maintenance of the existing wastewater
collection system. Therefore, Baytree Lakes Wastewater Treatment Plant is hereby placed on a sewer
moratorium at its wastewater treatment plant effective 15 April 2020.
On the basis of thorough staff review and application of Article 21 of Chapter 143, General Statutes of
North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina
Environmental Management Commission has determined that the Baytree Lakes Wastewater Treatment
Plant is unable to adequately collect and treat waste tributary to its wastewater treatment facility.
North Carolina General Statute 143-215.67(a) directs 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. The moratorium on additional sewer connections will remain in effect
until the Baytree Wastewater Treatment Plant has rectified the current noncompliant condition of the
facility and has obtained permission from the North Carolina Environmental Management Commission
suspending the moratorium.
Permits and other information may be inspected during normal office hours at the Division of Water
Resources, Fayetteville Regional Office at 225 Green Street — Suite 714, Fayetteville, North Carolina
28301, telephone [phone]. Copies of information on file are made available for review and
reproduction or scanning. Payment of the costs of reproduction are at the time of reproduction, invoices
will not be mailed.
Questions regarding the status of the sewer moratorium should be directed to Mr. Jack Carlisle, Baytree
Lakes Wastewater Treatment Plant at 919-818-7078.
North Carolina Department of Envii
Fayetteville Regional Office 1 225 Green