HomeMy WebLinkAboutWQ0006101_Staff Report_20200605Rec'A y130 '?,*
State of North Carolina
Department of Environmental Quality
Division of Water Resources
DWR WATER QUALITY REGIONAL OPERATIONS SECTION
Division of Water Resources NON -DISCHARGE APPLICATION REVIEW REQUEST FORM
April 15, 2020 RECEIVEMCDENWR
To: FRO-WQROS: Trent Allen / Mark Brantley JUN 0 5 2020
From: Ranveer Katyal, Water Quality Permitting Section - Non -Discharge Branch Non -Discharge
Permitting Unit
Permit Number: WQ0006101 Permit Type: Land Application of Residual Solids (503)
Applicant: City of Dunn
Owner Type: Municipal
Facility Name: City of Dunn RLAP
Signature Authority: Heather Adams
Address: PO Box 1065, Dunn, NC 28335
Project Type: Major Modification
Owner in BIMS? Yes
Facility in BIMS? Yes
Title: Public Utilities Director
County: Harnett
Fee Category: Non -Discharge Major Fee Amount: $395 - Major Modification
Comments/Other Information: hadams@dunn-nc.org, mgoad@synagro.com, rroth@synagro.com
Attached, you will find all information submitted in support of the above -referenced application for your review,
comment, and/or action. Within 45 calendar days, please take the following actions:
® Return this form completed. ® Return a completed staff report.
❑ Attach an Attachment B for Certification. ❑ Issue an Attachment B Certification.
When you receive this request form, please write your name and dates in the spaces below, make a copy of this sheet, and
return it to the appropriate Central Office Water Quality Permitting Section contact person listed above.
RO-WQROS Reviewer: \ ,
Date: ,S 057ZD
FORM: WQROSNDARR 09-15 Page 1 of 1
RECENEDINCDEQIDWR State of North Carolina
Division of Water Resources
J U N 0 5 2020
Water Quality Regional Operations Section
Environmental Non -Discharge Staff Report
Quality Permitting UNt
To: ❑ NPDES Unit ® Non -Discharge Application No.: W00006101
Attn: Ranveer Katyal Facility name: City of Dunn RLAP
From: Jim Barber
Fayetteville Regional Office
Note: This form has been adapted from the non -discharge facility staff report to document the review of both non -
discharge and NPDES permit applications and/or renewals. Please complete all sections as they are applicable.
I. GENERAL AND SITE VISIT INFORMATION
1. Was a site visit conducted? ® Yes or ❑ No
a. Date of site visit: 14 May 2020
b. Site visit conducted by: Jim Barber and Tony Honeycutt
c. Inspection report attached? ❑ Yes or ® No
d. Person contacted: Melvin Goad/Nate Roth and their contact information: (919) 799-0766 ext.
e. Driving directions: City of Dunn WWTP: 580 J.W. Edwards Lane, Dunn NC (P.O. Box 1064 Dunn NC 28335).
From Fayetteville take I-95 to Exit 73 (Hwy 421/Dunn). Turn left onto Hwy 421/West Cumberland St. and
proceed into Dunn. At the intersection of Hwy 421/W. Cumberland St and S. McKay Ave. turn left and drive
approx. 0.60 miles and turn right onto Susan Tart Rd. Follow Susan Tart Rd. for 0.80 miles and turn left
onto J.W. Edwards Ln. J.W. Edwards Ln terminates at the City of Dunn WWTP.
2. Discharge Point(s): Plant site is located as follows
Latitude: 35.296568 Longitude:-78.637457 (approx.. center of wwtp site)
Latitude: Longitude:
3. Receiving stream or affected surface waters: Black River (NPDES discharge receiving stream)
Classification: C Sw
River Basin and Sub -Basin No.: Cape Fear 18-68-12-1
Describe receiving stream features and pertinent downstream uses: Agriculture consisting of row crop
farming with pasture grazing of cattle.
II. PROPOSED FACILITIES: NEW APPLICATIONS
1. Facility Classification: (Please attach completed rating sheet to be attached to issued permit)
Proposed flow:
Current permitted flow:
2. Are the new treatment facilities adequate for the type of waste and disposal system? ❑ Yes or ❑ No
If no, explain:
3. Are site conditions (soils, depth to water table, etc) consistent with the submitted reports? ❑ Yes ❑ No ❑ N/A
If no, please explain:
FORM: WQROSSR 04-14 Page 1 of 6
4. Do the plans and site map represent the actual site (property lines, wells, etc.)? ❑ Yes ❑ No ❑ N/A
If no, please explain:
5. Is the proposed residuals management plan adequate? ❑ Yes ❑ No ❑ N/A
If no, please explain:
6. Are the proposed application rates (e.g., hydraulic, nutrient) acceptable? ❑ Yes ❑ No ❑ N/A
If no, please explain:
7. Are there any setback conflicts for proposed treatment, storage and disposal sites? ❑ Yes or ❑ No
If yes, attach a map showing conflict areas.
8. Is the proposed or existing groundwater monitoring program adequate? ❑ Yes ❑ No ❑ N/A
If no, explain and recommend any changes to the groundwater monitoring program:
9. For residuals, will seasonal or other restrictions be required? ❑ Yes ❑ No ❑ N/A
If yes, attach list of sites with restrictions (Certification B)
Describe the residuals handling and utilization scheme:
10. Possible toxic impacts to surface waters:
11. Pretreatment Program (POTWs only):
III. EXISTING FACILITIES: MODIFICATION AND RENEWAL APPLICATIONS
1. Are there appropriately certified Operators in Charge (ORCs) for the facility? ® Yes ❑ No ❑ N/A
ORC: Nate Roth Certificate #: LA-1001672 Backup ORC: James Goad Certificate #: LA-1008533
2. Are the design, maintenance and operation of the treatment facilities adequate for the type of waste and disposal
system? ® Yes or ❑ No
If no, please explain:
Description of existing facilities: Land application of residual solids from the City of Dunn WWTP (NPDES
permit NC0043176) and City of Dunn WTP. Facility currently has a limit of 650 Dry Tons/year for land
application.
Proposed flow: 3.75 MGD (NPDES NC0043176)
Current permitted flow: 3.75 MGD (NPDES NC0043176)
Explain anything observed during the site visit that needs to be addressed by the permit, or that may be important
for the permit writer to know (i.e., equipment condition, function, maintenance, a change in facility ownership,
etc.)
3. Are the site conditions (e.g., soils, topography, depth to water table, etc) maintained appropriately and adequately
assimilating the waste? ® Yes or ❑ No
If no, please explain:
4. Has the site changed in any way that may affect the permit (e.g., drainage added, new wells inside the compliance
boundary, new development, etc.)? ❑ Yes or ® No
If yes, please explain: Two new farms are being added under this permit modification (one in Sampson
County and one in Harnett County). The existing farms in the permit have not changed nor has the
surrounding areas. Current buffer maps are acceptable.
Is the residuals management plan adequate? ® Yes or ❑ No
If no, please explain: Residuals managed by Synagro for the City of Dunn.
6. Are the existing application rates (e.g., hydraulic, nutrient) still acceptable? ® Yes or ❑ No
If no, please explain:
7. Is the existing groundwater monitoring program adequate? ❑ Yes ❑ No ® N/A
If no, explain and recommend any changes to the groundwater monitoring program:
8. Are there any setback conflicts for existing treatment, storage and disposal sites? ❑ Yes or ® No
If yes, attach a map showing conflict areas.
FORM: WQROSSR 04-14 Page 2 of 6
9. Is the description of the facilities as written in the existing permit correct? ® Yes or ❑ No
If no, please explain:
10. Were monitoring wells properly constructed and located? ❑ Yes ❑ No ® N/A
If no, please explain:
FORM: WQROSSR 04-14 Page 3 of 6
11. Are the monitoring well coordinates correct in BIMS? ❑ Yes ❑ No ® N/A
If no, please complete the following (expand table if necessary):
Monitoring Well
Latitude
Longitude
0 1 11
0 I II
O „
0 / 11
0
0
0 I /I
0 1 /I
0 I it
0 1 11
12. Has a review of all self -monitoring data been conducted (e.g., DMR, NDMR, NDAR, GW)? ® Yes or ❑ No
Please summarize any findings resulting from this review: Annual reports for the City of Dunn have been
reviewed for the past three years. No compliance issues observed.
Provide input to help the permit writer evaluate any requests for reduced monitoring, if applicable.
13. Are there any permit changes needed in order to address ongoing BIMS violations? ❑ Yes or ® No
If yes, please explain:
14. Check all that apply:
® No compliance issues
❑ Notice(s) of violation
❑ Current enforcement action(s) ❑ Currently under JOC
❑ Currently under SOC ❑ Currently under moratorium
Please explain and attach any documents that may help clarify answer/comments (i.e., NOV, NOD, etc.)
If the facility has had compliance problems during the permit cycle, please explain the status. Has the RO been
working with the Permittee? Is a solution underway or in place?
Have all compliance dates/conditions in the existing permit been satisfied? ❑ Yes ❑ No ® N/A
If no, please explain:
15. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit?
❑ Yes ®No❑N/A
If yes, please explain:
16. Possible toxic impacts to surface waters: N/A
17. Pretreatment Program (POTWs only): N/A
FORM: WQROSSR 04-14 Page 4 of 6
IV. REGIONAL OFFICE RECOMMENDATIONS
1. Do you foresee any problems with issuance/renewal of this permit? ❑ Yes or ® No
If yes, please explain:
2. List any items that you would like the NPDES Unit or Non -Discharge Unit Central Office to obtain through an
additional information request:
Item Reason
3. List specific permit conditions recommended to be removed from the permit when issued:
Condition Reason
4. List specific special conditions or compliance schedules recommended to be included in the permit when issued:
Condition Reason
5. Recommendation: ❑ Hold, pending receipt and review of additional information by regional office
❑ Hold, pending review of draft permit by regional office
❑ Issue upon receipt of needed additional information
® Issue
❑ Deny (Please staN
sons: )
6. Signature of report preparer: �!I6t'yG
Signature of regional supervisor: Uu/ NZW// /=rvn
Date:
FORM: WQROSSR 04-14 Page 5 of 6
V. ADDITIONAL REGIONAL STAFF REVIEW ITEMS
The Fayetteville regional office visited the proposed new fields associated with Michael Godwin (SA-19-01 &
02) farm in Sampson County. The FRO agrees with the information provided by Piedmont Environmental (soil
scientist consultant for Synam) pertaining to soil types at the Godwin farm. The Godwin farm consists of row
crop production consisting of corn/wheat/soybeans. The current crop for the 2020 growing season is corn. The
buffer maps for fields SA-19-01 & 02 are correct for property line buffers, surface water buffers and
residences.
The Fayetteville regional office also visited the proposed new fields that are owned by King Roberts farm (HA-
307-4 thru 6 and 7A) in Harnett County. The FRO agrees with the information provided by Piedmont
Environmental (soil scientist consultant for Synagro) pertaining to soil types at the Roberts farm. The Roberts
farm consists of fescue hay being cut and bailed for cattle feed for all fields. The buffer maps for fields HA-307-
4 thru 6 & 7A are correct for property line buffers, surface water buffers and residences.
The City of Dunn land application program will have approximately 252 acres of row crop and 74 acres of
grass land in their program with this permit medication/renewal request. Based on the number of Dry Tons
(DTs) applied for the past three years from the wastewater plant and water plant combined (2016 to 2018 =
379, 308 and 255); application rates range from 2 DTs/ac to 2.4 DTs/ac. The acreage proposed to be added to
the existing acreage will be more than adequate to manage the residuals generated by the City of Dunn water
and wastewater plants.
FORM: WQROSSR 04-14 Page 6 of 6
r
State of North.Carolina
Department of Environmental Quality
Division of Water Resources
WATER QUALITY REGIONAL OPERATIONS SECTION .
REQUEST FORM
NON -DISCHARGE APPLICATION REVIEW RE
plvlslon.kofWaterltesource�-' Q
April 15, 2020
To: FRO-WQROS: Trent Allen / Mark Brantley
From: Ranveer Katyal, Water Quality Permitting Section - Non_Discharge Branch .
Permit Number: WQ0006101 Permit Type: Land Application of Residual Solids (503)
Applicant: City of Dunn Project Type: Major Modification
Owner Type:. Municipal Owner in BIMS? Yes
Facility. Name: City of Dunn RLAP: Facility in BIMS?.Yes
Signature Authority: Heather Adams Title: Public Utilities Director
Address: PO Box1065, Dunn, -NC 28335.County: Harnett .
Fee Category: Non -Discharge Major Fee. Amount:: $395 -.Major-Modification
Comments/Other_ Information: hadams@dunn-nc.org, mgoad@synagro.com, moth@synagro.com
Attached, you will find all information submitted inr support of the above -referenced :application for -your. review,
comment, and/or action. Within 45 calendar days, please take the following actions:
® Return this form completed. ® Returna.completed staff report.
❑ Attach an Attachment B for Certification*. ❑ Issue an Attachment B' Certification.
When you receive this request form, please write your name, and dates in the spaces. below, make a copy of this sheet, and
return it to the appropriate Central Office Water Quality Permitting Section contact person listed_ above.
RO-WQROS Reviewer: / I^ Date: S' 7fJ ZD
FORM: WQROSNDARR 09-15
Page 1 of.1:
MELVIN GOAD
TECHNICAL SERVICES SPECIALIST
mgoad@synagro.com
M: 919.799.0766
284 Boger Road
Mocksville, NC 27028
YOUR PARTNER FORA CLEANER, GREENERWORLD
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Lake Creek Corporation RECENEDINCDEQIDWR
Facility Name: Lake Creek Corp-Baytree Lakes
Permit Number: W00018708 JUN 0 5 2020
County: Bladen
Case Number: LV-2020-0129
ASSESSMENT FACTORS
Non-Discharrg
PermittingUnit
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
Exceeding permitted flow will overload the treatment unit. This extra wastewater will have to be sprayed onto the
irrigation field or lost through infiltration of the unlined lagoon. Either can have an effect on groundwater.
2) The duration and gravity of the violation;
This exceedance in flow has been an on -going problem. It will continue until the collection system is repaired and/or the
facility is upgraded.
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown at this time.
4) The cost of rectifying the damage;
Unknown at this time.
5) The amount of money saved by noncompliance;
Unknown at this time.
6) Whether the violation was committed willfully or intentionally;
Willfully — This has been a chronic on -going occurrence.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
The violator has a poor history in regards to responding to past NOV's and/or enforcement actions.
8) The cost to the State of the enforcement procedures.
$71.94
5/4/2020
Date
DocuSigned by:
E �.
DD5C42B,
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
ROY COOPER
Govvrnot
MICHAEL S. PEGAN
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7018 0040 0000 4772 1025
Return Receipt Requested
D. Stephen Jones
112 Hermitage Road
Charlotte, NC 28201
NORTH CAROLINA
Environmental Quality
May 1, 2020
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of Non -discharge Permit No. WQ0018708
Lake Creek Corporation
Lake Creek Corp-Baytree Lakes
Case No. LV-2020-0129
Bladen County
Dear Permittee:
RECEMWDE011DWR
JUN 0 5 2020
Non -Discharge
Permitting Unit
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,071.94 ($2,000.00 civil
penalty + $71.94 enforcement costs) against Lake Creek Corporation.
This assessment is based upon the following facts: a review has been conducted of the Non -Discharge Monitoring
Report (NDMR) submitted by Redbird Land Company LLC for the month of January 2020. This review has shown the
subject facility to be in violation of the limitations and/or monitoring requirements found in Non -discharge Permit No.
WQ0018708. The violations, which occurred in January 2020, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Lake Creek Corporation violated the terms,
conditions or requirements of Non -discharge Permit No. WQ0018708 in the manner and extent shown in Attachment A.
In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
IEWNorth Caro Dspsnrmnt of Envronrnent& Qu« ty I D•wsmn of Water Resources
FsyatevAe R*Ipons; 0ffce 1225 Green Street. Sute 714 1 cayettew ae. Note Cwo :ne 28301
'1'�L�......�
910433-3300
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, J. Trent
Allen, Regional Supervisor, Fayetteville Regional Office hereby make the following civil penalty assessment against
Lake Creek Corporation.:
$2,000.00 1 of I violations of the Permit Monthly Average for Flow, in conduit or thru treatment plant per
the limits established in Permit No. WQ0018708
2 000.00 TOTAL CIVIL PENALTY
71.94 Enforcement Costs
2 071.94 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2)" The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: (919) 431-3000
Fax: (919) 43 1-3 100
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Tony Honeycutt with the Division of Water Resources staff of the Fayetteville
Regional Office at (910) 433-3339 or via email at tony.honeycutt@ncdenr.gov.
Sincerely,
DocuSigned by:
5189C2D3DD5C428...
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Fayetteville Regional Office - Enforcement File (TH)
NON -DISCHARGE Compliance/Enforcement Unit - Enforcement File
Jack Carlisle, Redbird Land Company, Wilmington NC 28412
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0129 County: Bladen
Assessed Party: Lake Creek Corporation
Permit No.: WQ0018708 Amount Assessed: $2,071.94
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to NX.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BLADEN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Lake Creek Corporation )
Lake Creek Corp-Baytree Lakes )
PERMIT NO. WQ0018708 ) CASE NO. LV-2020-0129
Having been assessed civil penalties totaling $2,071.94 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the
right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20
ATTACHMENT A
Lake Creek Corporation
CASE NUMBER: LV-2020-0129
PERMIT: WQ0018708 REGION: Fayetteville
FACILITY: Lake Creek Corp-Baytree Lakes COUNTY: Bladen
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
1/31/2020 1-2020 Flow, in conduit or thru Continuous gpd 20000 38,624.84 93.1 Monthly $2,000.00
treatment plant Average
Exceeded