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WQ0018708_NOV-2015-PC-0274_20151014
• • 1 TM CEKTIFIED MAIL,..RECEIPT: (Marnesik Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comm Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here ' Sent 5`treet, Apt. No.; OI 7)I J ^-4T; or PO Box No. 3 3 five)- dgay,L. oi' City, State, ZIP+4 To ;edified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years mportant Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail© or Priority Mail ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fc valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof o delivery. To obtain Retum Receipt service, please complete and attach a Retur Receipt (PS Form 3811) to the article and add applicable postage to cover th fee. Endorse mailpiece "Return Receipt Requested°. To receive a fee waiver fo a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee c addressee's authorized agent. Advise the clerk or mark the mailpiece with th endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti cle at the post office for postmarking. If a postmark on the Certified Ma receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. 'S Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 Pat McCrory Governor North Carolina Department of Environnierital Quality Donald R. van der.Vaart Secretary October 14, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT # 7010 1870 0003 4774 5538 D. Stephen Jones. Lake Creek Corporation 33 West Bay, Ridge Road Harrells NC 28444 Subject: Notice of Violation%N_ otice of Intent to Enforce NOV-2015-PC-0274 . Permit No. WQ0018708 Lake Creek Corporation Wastewater IrrigationSystem Sampson County Dear Mr. Jones: On October 5, 2015, -it was reported to staff -:of the NC Department of Environmental Quality (DEQ), Division of Water Resources (DWR), Water _ Quality l egional Operations Section (WQROS), Fayetteville Regional Office (FRO) that the Bay. Tree Lakes facility-(WQ0018708),- was- experiencing . high freeboard . conditions: The initial lagoon freeboard . report by. Mr. Scott Smart was at 13 inches., Mr, Smart was directed to have a plan of action prepared and -submitted to our office and report freeboard levels weekly, until the facility is ;back in compliance: The first weekly statusreport of freeboard on. October 12,2015, was at 10 finches. This level his into the 'structural freeboard zone, which dictates this Notice of Violation being issued: The following item(s) specify permit conditions and limitations that are in violation: ---Violation 1: OPERATION AND-MAINTE-NANCE=REQUIREMENT-S-- - - I Section III 12: Freeboard in the storage lagoon and daily holding basin shall not be less than two feet at any time. 225 Green Street- Suite 714 -Fayetteville, North Carolina 28301-5095 • Phone: 910-433-33001Fax: 910=486-07071Custonier Setvice:1-877-623-6748 An Equal Opportunitya Affirmalve'Action Employer- Made in part by recycled paper D. Stephen Jones Page 2 October 14, 2015 Required Corrective Action for Violation 1: If you have not already done so please immediately prepare and submit a plan of action to bring the freeboard level back into compliance. Also provide a weekly status report to the Fayetteville Regional Office. The Division of Water Resources requests that in addition to the above specified corrective actions, please submit the following items on or before October 30, 2015. 1. An explanation from the Operator in Responsible Charge of how this violation occurred. 2. An explanation from the Operator in Responsible Charge concerning the steps that will be taken to prevent this violation from occurring in the future. Please include all sources of assistance contacted and their instructions. You are required to take any necessary action to immediately correct the above violations and to provide a written response to this Notice by October 30, 2015. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed Failure to comply with conditions in a permit may . result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Please note that each day a violation continues may be considered a separate violation, subject to additional civil penalties. If you have any questions concerning this Notice, please contact. Tony Honeycutt at (910) 433-3339 or me at (910) 433-3326 Sincerely, Belinda S. Henson Regional Supervisor NCDEQ-Division of Water Resources Water Quality Regional Operations Section Fayetteville Regional Office cc: Reed Wells, ORC Central/Files