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HomeMy WebLinkAboutWQ0018708_NOV-2019-PC-0702_20191121ROY COOPER 60ver46T K4ICHAEL S. REGAN Secretary LINDA CULPEPPER Pirwor Certified Mail # 7018 0040 0000 4771 8797 Return Receipt Requested D. Stephen Jones 112 Hermitage Road Charlotte, NC 28201 NORTH CAROLINA Environmental Quality November 25, 2019 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2019-PC-0702 Permit No. WQ0018708 Lake Creek Corp-Baytree Lakes Bladen County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Lake Creek Corp-Baytree Lakes on October 16, 2019. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in Non -discharge Permit No. WQ0018708. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Fayetteville Regional Office. The following violation(s) were noted during the inspection: Inspection Area Description of Violation End Use -Irrigation The spray zones are not being operated uniformly. Nutrient removal practices are not taking place. Record Keeping The average influent flow exceeds the permitted flow. The operations permit is expired. The permittee failed to sign the permittee certification portion of the August 2019 monthly report. The ORC failed to sign the ORC certification portion of the August 2019 monthly report. N-Drt6Carohr)a6epsrtmentofEPvr-Dnir.er.ta:Qo-arty I D:vs*r.ofWater ReSOLrD=-s Fayenevi% Reg:ora.:Wre i t.253reer,Street, 5ute 714 i Fay;etter;:e, NortY C5r3 rs 2SSD1 $1C: 422-2,200 In addition, the issues below must also be addressed: Compliance Issue(s): The spray field is in immediate need of weed control. The winter crop has not been drilled in, to date. A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's Non -discharge Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business day after receipt of this Notice. A review of your response will be considered along with any additional information provided. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you should have any questions, please do not hesitate to contact Tony Honeycutt with the Water Quality Regional Operations Section in the Fayetteville Regional Office at 910-433-3300. Sincerely, Do-c_uS, igLned�by: � Q 5189=3DD5C42B... 1. Trent Allen, Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Tony Baldwin - ORC WQS Fayetteville Regional Office - Enforcement File NON -DISCHARGE Compliance/Enforcement Unit - Enforcement File N-DrtF.�rD.r.r.DepsrtmentofEPvr-Dnir.er.ta:+L� r.-t� I D:vs*r.ofWater Resources D_ E q-2� iFayettev e F,eg:ora.:Offre 1 t.253reer,Street,5ute714 1 Fay;etter;:e, North £sro::R32830J. �" a1CJ433-2,200