WQ0018708_NOV-2020-LV-0563_20200805

ROY COOPER
covernof
MICHAEL 5. REGAN
secretary
S. DANIEL SMITH
Director
Certified Mail #7019 0700 0000 3643 0925
Return Receipt Reauested
Jack Carlisle
Redbird Land Company LLC
8620 River Rd
Wilmington, NC 28412
NORTH CAROLINA
Enviranrtrental Quality
August 5, 2020
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-LV-0563
Permit No. WQ0018708
Baytree Lakes WWTP
Bladen County
Dear Permittee:
A review of the April 2020 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Flow, in conduit or thru 4/30/2020 20,000 37,035.63 Monthly Average Exceeded
treatment plant (50050)
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.
There are two additional items that need to be addressed and corrected concerning the new permit for
Baytree Lakes WWTP. Permit No. WQ0018708. Effective date April 2, 2020.
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Item (1). The sampling frequencies for Effluent Characteristics in ATTACHMENT ""A" have changed. The
monthly
report for April 2020, needs to be corrected and resubmitted.
Item (2). The Permittee Certification signature on the April 2020, report is missing. This needs to be
corrected and
included with the resubmission of the April 2020 report
Failure to address, correct and resubmit these items can result in additional Notice of Violation/Intent to Issue
Civil Penalty being issued.
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 days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). 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.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Tony Honeycutt of
the Fayetteville Regional Office at 910-433-3300.
Sincerely,
IDo-c_uS,iglned�by:
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J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: Tony Baldwin - ORC
WQS Fayetteville Regional Office — Enforcement File (TH)
NON -DISCHARGE Compliance/Enforcement Unit - Enforcement File
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Fayettev e F,eg:ora.:Offre 1 t.253reer,Street,5irte714 1 Fay;etter;:e, North £sro::ra2830J.
�" a1CJ433-2,200