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HomeMy WebLinkAboutWQ0018708_Other_20210526ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality May 26, 2021 Certified Mail #7020 0090 0001 7206 9481 Return Receipt Requested Mr. Jack Carlisle Redbird Land Company LLC d/b/a Baytree Lakes WWTP 8620 River Road Wilmington, North Carolina 28412 Subject: Dear Mr. Carlisle: 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. Table 1: Flow reported on monthly non -discharge monitoring reports. Month -Year Average Monthly Flow GPD 1-2020 38,623 2-2020 36,911 3-2020 36,515 4-2020 37,139 5-2020 46,050 6-2020 43,546 7-2020 38,526 8-2020 41,028 9-2020 37,486 10-2020 36,819 11-2020 49,617 12-2020 53,850 1-2021 87,183 2-2021 126,130 3-2021 62,706 DE NORTH CAROPNA North Carolina Department of Environmental Quality 1 Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 910.433.3300 �BpBrhnBnt at Envir,nn, MI quality 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. 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 26 May 2021 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 D_E NORTH CAROUNA North Carolina Department of Environmental Quality j Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301 910.433.3300 Onpmbnenl of Environmanlal Quality 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 trent.alllen@ncdenr.gov. Sincerely, �Doc"'�uSigne/dby: _ '-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 Morella Sanchez King - Regional Office Operations Central Files — WQ0018708 Bladen Count Manager — 201 East King Street, Elizabethtown NC 28337 Matthew Chadwick — Director Building Inspections Department — 450 Smith Circle, PO Box 1076, Elizabethtown NC 28337 D_E NORTH CAROUNA North Carolina Department of Environmental Quality j Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301 910.433.3300 Onpmbnenl of Environmanlal Quality 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 26 May 2021 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 26 May 2021. 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 (910) 433-3300. 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. D_E NORTH CAROUNA North Carolina Department of Environmental Quality j Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301 910.433.3300 Onpmbnenl of Environmanlal Quality