WQ0018708_PC-2021-0005_20210128

3583.44 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Redbird Land Company LLC
Facility Name: Baytree Lakes WWTP
Permit Number: W00018708
County: Bladen
Case Number: PC-2021-0005
ASSESSMENT FACTORS
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;
Unknown at this time.
2) The duration and gravity of the violation;
The facility repair, operations, and influent flow issues are on -going.
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;
Repair/upgrade of the facility and collection system.
5) The amount of money saved by noncompliance;
Unknown at this time.
6) Whether the violation was committed willfully or intentionally;
Lack of system repair and/or proper facility operation could be considered willfully.
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 facility has a pooe compliance history.
8) The cost to the State of the enforcement procedures.
$83.44
Date J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Governor
MICHAEL S. PEGAN
Secretary
S. DANIEL SMITH
Direcwr
Certified Mail # 7019 0700 0000 3643 4893
Return Receipt Requested
Jack Carlisle
Redbird Land Company LLC
8620 River Rd
Wilmington, NC 28412
NORTH CAROLINA
£a vironmen tat Quality
January 28, 2021
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of NC General Statute (G.S.) 143-215. 1 (a)(6)
and Non -discharge Permit No. WQ0018708
Redbird Land Company LLC
Baytree Lakes WWTP
Case No. PC-2021-0005
Bladen County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,583.44 ($3,500.00 civil penalty
+ $83.44 enforcement costs) against Redbird Land Company LLC.
This assessment is based upon the following facts: a reconnaissance visit of the Baytree Lakes WWTP was conducted on
November 13, 2020. This site visit was conducted to verify that the facility is operating in compliance with the conditions
and limitations specified in Non -discharge Permit No. WQ0018708. The site visit has shown the subject facility to be in
violation of the conditions and limitations found in the Non -discharge Permit No. WQ0018708. The violations found during
the site visit are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Redbird Land Company LLC violated the terms, conditions
or requirements of Non -discharge Permit No. WQ0018708 and G.S. 143-215.1(a)(6) 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).
NorthCarolineDepsrtmentofEnvuonmentslQuslity I DaoisbrkofWater Resources
zE Faveneviiie Regionai Office 1 225 Green Street, Suite 7A I Fayetteville, North Gamins 25301
-� 8104333WO

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 Redbird Land Company
LLC:
$3,500.00 For 10 of the 10 violations of the conditions and limitations specified in Permit No. WQ0018708.
$3,500.00 TOTAL CIVIL PENALTY
$83.44 Enforcement Costs
$3,583.44 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-282.1(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 143B-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-232) 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: [phone]
Fax: [phone]
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 Mark Brantley with the Division of Water Resources staff of the Fayetteville
Regional Office at [phone] or via email at [e-mail].
Sincerely,
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Tracy Miller — ORC
Mike Myers - Enviorlink
WQS Fayetteville Regional Office - Enforcement File (TH)
NON -DISCHARGE Compliance/Enforcement Unit - Enforcement File
Central Files

JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2021-0005 County: Bladen
Assessed Party: Redbird Land Company LLC
Permit No.: WQ0018708 Amount Assessed: $3,583.44
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 N.C.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. 14313-282.1(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
COUNTY OF BLADEN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Redbird Land Company LLC
Baytree Lakes WWTP
PERMIT NO. WQ0018708
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. PC-2021-0005
Having been assessed civil penalties totaling $3,583.44 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 120
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Redbird Land Company LLC
CASE NUMBER: PC-2021-0005
PERMIT NO: W00018708
REGION: Fayetteville
FACILITY:
Baytree Lakes WWTP
COUNTY: Bladen
VIOLATION
VIOLATION
PENALTY
DATE
AREA
TYPE
VIOLATION DESCRIPTION
AMOUNT
11/13/2020
Treatment
Improper operation and
At the time of the inspection a discharge
$500.00
maintenance
of waste to Waters of the State had not
occurred but the lagoon level had
overflowed the design specifications.
11/13/2020
End Use -Irrigation
Improper operation and
Many of the risers and/or spray heads
$250.00
maintenance
are missing or broken.
11/13/2020
Treatment
Improper operation and
one of air pumps out of service. This
$250.00
maintenance
resulted in half of the plant not
operational and backing up with solids.
11/13/2020
Treatment
Improper operation and
Solids tank was full and in need of
$250.00
maintenance
pumping. This effects further solids
removal of the influent.
11/13/2020
End Use -Irrigation
Improper operation and
The chlorine addition system was not
$250.00
maintenance
connected to the spray system.
11/13/2020
End Use -Irrigation
Improper operation and
The spray irrigation pump was pulled
$250.00
maintenance
from the system. When reinstalled the
pump was still not operational.
11/13/2020
End Use -Irrigation
Improper operation and
Weed control on the spray irrigation
$250.00
maintenance
fields needs to be addressed.
11/13/2020
End Use -Irrigation
Permit conditions violation
Compliance samples were not being
$250.00
taken from the correct location.
11/13/2020
Miscellaneous Questions
Permit conditions violation
Failure to report high freeboard.
$1,000.00
11/13/2020
End Use -Irrigation
Permit conditions violation
Proper nutrient removal practices are
$250.00
not being used. The last cutting of the
Bermuda grass was not raked, bailed,
or removed from the field.