WQ0018708_Other_20210526 (2)

ROY 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
D ��� North Carolina Department of Environmental Quality 1 Division of Water Resources
Fayetteville Regional Ofece 1225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLINA
oeaer",t0F,,iM,memaia�.� /� 910.433.3300

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 & 1) 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 ✓ North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROUNA
°'pamm,tmE,,imn" 1°°"'^ 910.433.3300

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 [e-mail].
Sincerely,
Do"c"uS,igne/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 ✓ North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROUNA
°'pamm,t of E,,imn —1 °°"'^ 910.433.3300

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 [phone]. 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 ✓ North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROUNA
°'pamm,tmE,,imn" 1°°"'^ 910.433.3300