WQ0018708_PC-2012-0012_20120521

LAKE CREEK
R. P 0 P A T 1 ib; fr4,
July 7, 2012
M-n Ed Hardee
:Aquifer Protection Sectibh
Division of Water Quality
1636 MaiiService Center
Raleigh, North Carolina 27699:4636:
Je;Request ,for RenlissiOri of Civil ,Peopity,Aes:5,rnehtforl?..errnItW4001.8708
(Enforcement
Dear Mr. Hardee,
Attached please find the 'RequeSt for Remission, Waiver of Rightto Administrative Hearing and:
Stipulation Of Facts" fern, related to the Civil Penalty tb, Lake Creelc-:_Carporatiory, in
accordance with the remission request, we request that theDiviSion considerthe
> One or more of the civil penalty assessment factors in NCGS14313-22.1(b) were wrongfully
applied to the detriment ofthe petitioner; arid,
> Payment of the -civil penaltywillvrevent payment fort herernairiiing neCesSai-y- remedial actions.
Whilee'rerhiSsion request may not be the propermechanism for dispuingfacts,,ihthis letter:We
'would like tti'draW attention in particular to one of the Sikvjolations,.a+rted in the assessrrient. The
civil penalty asserts that Lake Creek Corporation did not maintain a suitable year round crop. We
respectfully disagree with this statement, We feelas if the Bermuda grss has been properly
Maintained in accordance with the permit i; therefore,- with regards to the suitable year round crop
ViolatiOn, We: requeSt additiOnal clarificatiOh; so that we rnay:tp'ke ,appropriteaction if neces5ary.
As stated above, we request that the Division COntiderthe-tiVii,liehotty assessment factors in isic0S,
1436 282.1(h) Which states'.
ThefiriatagencydecisiOn in contestecraises that driSefrOtri CiYitpenblVasSessmerits:Fshall be Made by the
ComMisSiOnin the evaluation of each violation, 'the Commission shall recognize that harrn'eqthe natural
resources of the State arising from the violation ofstand‘ards or limitations' established to protect those
resources may be immediately observed through damaged resources or-mby be incremental or cumulative
with no damage that can be :immediatelY observed or documented Penalties up tothe-MaximUm:
authorized may be based on any one or 'combinationi ofthe follbWinglattors:
(1) The degree and extent of harm tOthe,ncitbral resources of the .Sate, tb-the-0,013iie health; Of to
private property reSultihg from the Vidlation;
(2) The duration and gravity of the-violatiom
(3) The effect on ground or surface water quantity or qualityor on iir quality;.
('4) The cost Of rectifying the clarnage;,
(3) The amount of -Money saved by noncomplibnce;-
(3).Whether the Violation was committed willfully:or intentionally;
(7) The prior record of the violator in complying Orfailing to,complYwith programs over which the'
Environmental IVIqn0gement,corritnission has regplatoryiauthority;Jand
0 The costito the State:of:the enforcement
33 WEsTBv RIDGE Rog, HAy*Eus NPIRTFI.OzpuNN 28444 --',91p.581314432(o) 91Q:58A:44340

LAKE CREEK
c Q4fltAThlQtJ
While it is correct.that Lake Creek :COrpOtation did not employ a certified operator in responsiblechargew
'a,certiffed backup operator in teSpOnsible'dhargefroMSepteMberI,04. through May ,20,12,:fatjaci;O:..w13..ffiik
required fnonitoting-repotts;:falled to have a readable)agoon level marker, and have been delinquent in
paying -thetequired!annuaLpermit,renewarfee,-we dIdemploy-flon certified personnel to operate and
maintain the wastewater system. Further,-theseviolations,didliotresult ih harrnto the natural resources
of the State, public:health or private propertyor nave.ah-effedt on ground r surface water quantity or
qualityor on air quality: We reqiieStthat thesDiviSibri dcibSidetheSelattors in determining the ternission'
request-contained,hereh
Additionally, We request that the ,DiVision consider the penalty in the context of the nature, ty0:0otf:ti*
of the subject wastewater strain the penalty will have on Lake Creek Corporation's
ability to operate and maintain theWattewatersystem,.
Lake Creek Corpotation's wastewater system islocated:jn'pladen:Courity, North Carolina and currently
.serves 164 residents in the Bay Tree„Lakes:cdmiNnity, ,Abqutfialf-pfthese residents are Second home
residents using their property primarily in the summer months and on occasional weekends and holidays'
•
"duringother. parts Of -the -year.
Thedevelopmentserved by this wastewater sYstern-baS been SignifiCahtly.irnpacte:cibythe,20,0g,-,,e-cOhorhic:,
downturn, and, as it relates to this community at least, the downturn persists Still,today:. There has been
little growth within the development srnte2007. The lack,Of:aCtiVitibas strained Lake CreekCorporation's.;
'financial situatfori,
Lake Crpak.corporatiop is -authorized, by -the North Carolina ptiptips1tomm4on, to charge:aflatrate of
$40, per resident per month, the same rate established by the Commission.initiallyirv1998: With all current
residents,paying, this rate produces a grossrevenue stream ofjust.under $179;poo per -years.
As you know, Operation and Maintenance of awastewater utility and spray field in-ftill• compliance withNC
D.ENR requirements involves. significant PXpenditureSin roPriage'rheeit, Iabo, electricity, -chOffircalS,Iesting,
Maintenande, adrriinistratiVedostSjeeS, and'sb forth. Sinteerriployinga certified OperatOrandtertified:
backup, oUr 'fully loaded costs to. operate and thgsystOm:annUaliiies to oypr$80,9001pgr year,
Thus, the expenditures for this-senall,'Ondierutilized:systam prasarits-,:a financialiancloperatiOnall strain on
Lake Creek Corporation, and, given the ourt_pnt'(a-nO:historic):tateofgrowth in theommunity,we,will not
likely experience revenue/operating scale sufficient to alleviate thesituatiOin any time!socin..Additionally,
certain pro -forma analyses we have run assuming theabsolthe:fullexterit of NC DENR's requirements
projects a Cost to Service at roughly-tWOrtimet.Ourcurrent fully lOaded 'Costs above.
:SP,Iinally,:wethankthe DiVision:fdrcOnSidering this remiSsion request ancthooe that th-P„Di.NijSion will
consider the fact that these vicilatIons,d4;ffot;resOltip harm to the public healthor any
private property the Division to consider further that 'pphaly of $.:',72$,...60vio'rorly
exacerbate Lake Creek Corporation's already challenging operational and rhaintenancp situation at currprt.
rates ---'and further cornOiieptes Oayrn,Ont:t0Warci any remedilalpoti.ons.
Thank you. And, please fpet free to contact me with any question,s:
Steve Jones,
Lake Creek Corporation
cc: D. Stephen Jones, President, Lake:Creek Corporation
Michael Myers, PteSident, Envirolink
33 WES(BAYMOGEROAD - HARRELL§ NORTH c.AROLINA 218444,-910.588.4432(o) 910.5,80.44321(f)

AVA
NCDENR
North Carolina Department of Environment and Natur6I Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P. E. • Dee Freeman
Governor Director Secretary
February 16, 2012
CERTIFIED MAIL -76/ t
/ u -70 0 00 3 \. l -1 LI —2
RETURN
D. Stephen Jones
Lake Creek Corporation
33 West Bay, Ridge Road
Harrells, NC 28444
Re: Notice of Violation
NOV-2012-PC-0051
Lake Creek Corporation
Permit No. WQ0018708
Bladen County
Dear Mr. Jones:
You are hereby notified that, having been issued a permit for wastewater disposal for the subject facility, Lake 'Creek
Corporation was found to be in violation of the following permit conditions.
Violation 1: SECTION III OPERATION AND MAINTENANCE REQUIREMENTS (2)
Upon classification of the wastewater treatment and irrigation facilities by the Water' Pollution Control System Operators
Certification Commission (WPCSOCC), the Permittee shall designate and employ a certified operator to be in responsible
charge (ORC) and one or more certified operator(s) to be back-up ORC(S) of the facility in accordance with 15A NCAC
08G .0200. The ORC shall visit the facilities iri accordance with 15A NCAC 08G .0200 or as specified in this permit and
shall comply with all other conditions in these rules.
The facility has had no ORC or back-up ORC on record since the resignation of Bill !Stafford on 07 September 2011.The
facility also failed to report the loss of both the ORC and back-up ORC to the Certification Commission (WPCSOCC) as
required within seven calender days of the vacancies.
Required Corrective Action for Violation I:
If you have not already done so, immediately take measures to hire operators with the appropriate certifications to manage
and ensure proper facility operation.
AQUIFER PROTECTION.SECTION
225 Green St.; Ste. 714
Fayetteville, North Carolina 28301
Phone: [phone] FAX : [phone] Customer Se:vice:1-877.623-6748
Internet: www.h20.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer
No ihCarolina
Naturally

D. Stephen Jones
Page 2
February 16, 2012
Violation 2: SECTION Ill OPERATION AND MAINTENANCE REQUIREMENTS (3)
A suitable year round vegetative cover shall be maintained such that crop health is optimized, allows for even distribution
of effluent and allows inspection of the irrigation system.
On 03 November 2011 a site visit was conducted by Jim Barber, a member of the Fayetteville Regional Office's Aquifer
Protection Section. Irrigation of sections of the spray field was in progress with lino indications of a suitable seasonal
winter crop to uptake nutrients being applied.
Required Corrective Action for Violation II:
If you have not already done so, immediately take actions to establish a suitable seasional winter crop.
Violation 3: SECTION III OPERATION AND MAINTENANCE REQUIREMENTS (5)
Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or
runoff.
On 21 December 2011 a site visit was conducted by Tony Honeycutt and Jim Barber, members of the Fayetteville
Regional office's Aquifer Protection Section. Irrigation of the disposal field was taking place at the time of the visit with
no supervision on site. Rainfall was observed while traveling to the site, while on site (approximately 30 minutes) and
upon leaving the site.
Required Corrective Action for Violation III:
If you have not already done so, hire appropriate personnel to manage and operate the facility or install a rain break devise
that stops the irrigation process with the on -set of rain.
Violation 4: Section IV MONITORING AND REPORTING REQUIREMENTS0)
Any monitoring (including groundwater, surface water, soil or plant tissue. analysis)' deemed necessary by the Division to
ensure surface and groundwater protection will be established and an acceptable sampling reporting 'schedule shall be
followed:
Individual reporting requirements are references by IV (2), (3), (4), (5), (6), (8), (9) and (10). From the date of the ORC
resignation, 07 September 2011, no monitoring data has been submitted from the facility. (NDMR, NDAR or GW-59)
Required Corrective Action for Violation 4:
• If you have not already done so, hire appropriate personnel to manage, operate and sample as required.
Violation 5: Section III OPERATION AND MAINTENANCE REQUIREMENTS (13)
A waste -level gauge, to monitor waste levels in the storage lagoon and daily holdingljbasin, •shall be provided. The gauge
shall have readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid
storage volume, minimum liquid level at the bottom of the temporary liquid storage volume, and the lowest point on top
of the dam elevation. Caution must be taken not to damage the integrity of the liner when installing the gauge.
Lagoon marker was not readable (numbers were washed away at water line at the 6' mlark).
Lagoon marker was not reset per site visit and information provided to the facility by e-mail and US Postal Service
(September 2010).
Required Corrective Action for Violation 5:
If you have not already done so, use the supplied information to make the freeboard marker readable and accurate.

D. Stephen Jones
Page 3
February 15, 2012
Violation 6: Section VI GENERAL CONDITIONS (8)
The Permittee must pay the annual fee within thirty (30) days after being billed by the Division. Failure to pay the fee
accordingly may cause the Division to initiate action to revoke this permit pursuant to 15A NCAC 02T..0105(e).
Required Corrective Action for Violation 6:
If you have not already done so, immediately pay all past due fees and/or penalties to bring your account back into good
standing.
The Division of Water Quality requests that in addition to the specified correctiveaction above; please submit a timeline
to address any item that cannot be immediately rectified. A written response to each of the above violations is to be
submitted on or before March 16, 2012.
Please be advised that the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per
day per violation. Information submitted will be reviewed and Lake Creek Corporation will be informed if a civil penalty
is to be issued.
Please be advised that nothing in this letter should be taken as removing you from the responsibility or liability for failure
to comply with any State Rule, Regulation, State Statue or permitting requirement.
If you have any questions concerning this matter, please do not hesitate to contact either Tony W. Honeycutt (910-433-
3339) or myself at (910- 433-3336).
Sincerely,
t-�
Stephen.amhardt, L.G.
Regional Aquifer Protection Supervisor
NCDENR/DWQ/FRO
cc:
APS Central Office File
;AFS FR Fir6 `: :
Bay Tree Lakes POA, Inc.
640 Bay Tree Drive
Harrells, NC 28444
Attn: Clark Wooten, President

Barber, Jim
From: Barber, Jim
Sent: Thursday, July 19, 2012 4:08 PM
To: Hardee, Ed; Barnhardt, Art
Cc: Honeycutt, Tony
Subject: RE: NC DENR Civil Penalty Assessment Letter: Lake Creek Corporation
Ed;
After reading Mr. Jones' letter requesting penalty remission, I provide the following reibuttal:
1). Two permit modifications for upgrading the infrastructure at Baytree Lakes/Lake Creek Corp have been submitted in the past
and approved to increase flow. Baytree/Lake Creek Corp has been cited for flow violations in the past and most recently paid the
penalty for those violations. Neither modification has been constructed at this time due to cost issues cited by past Baytree/Lake
Creek Corp staff. It was pointed out to Baytree/Lake Creek Corp staff at a meeting in Fayetteville, several years ago, that up-
grades to infrastructure could be made and a petition filed with the Utilities Commission to request a rate increase to recoup the
expenditures that Baytree/Lake Creek Corp incurred. To our knowledge neither occurred;
2). As far as the issue of a year round crop being at the site, Fayetteville doesn't contend that bermuda isn't at the site. The
violation was for irrigating on bermuda when it was dormant during the months of November and December without a winter
cover crop of small grain (i.e. rye or oats), therefore a suitable year round crop was not in existence;
3). In conjunction with the lack of a suitable year round crop; when site visits where made in November and December the
irrigation system was in operation with no operator on -site and a steady rain was fallinig;
4). According to statements from officers of the Baytree Lakes Homeowners Association and information provided by Public
Water Supply Section in Fayetteville (and from Bladen county personnel and the local newspaper), Baytree/Lake Creek Corp sold
their water system to Bladen County in December 2011. With that Baytree Lakes homeowners are receiving a monthly utility bill
from both Baytree and Bladen County. According to a office of the HOA I spoke with earlier this year (when trying to find a
telephone number to reach Steve Jones), the residents are/where still paying Lake Creek Corp $40/month for utility services and
approximately $20/month to Bladen County. Baytree/Lake Creek Corp is still receiving ii evenue and only providing half of the
services to the residents;
5). Since Baytree/Lake Creek Corp hasn't had a back-up ORC for over a year and a ORC for nine months, performed no analytical
testing on wastewater, and performed no analytical testing on groundwater, it would seem that money has been saved by not
paying for these services while receiving monthly utility bill payments from residents;
6). With the issues described in item #5, the claim that "these violations did not result in harm to the natural resources of the
State, public health, etc" cannot be substantiated without any evidence being supplied and is only the opinion of a non -certified,
nor trained individual in wastewater treatment technology;
7). Baytree/Lake Creek Corp did not respond to the Notice of Violation issued by the Division by the deadlines outlined in the
NOV. Therefore the issuance of the Enforcement with administrative penalty was warranted. Baytree/Lake Creek Corp did not
respond to the Division (either by phone, email or written correspondence) by the required deadlines in the Enforcement and
only submitted a response (after the statutory deadline) after hiring a contract operations company to assist with preparing a
response to the Enforcement;
8). In reviewing BIMS today concerning the annual permit administration fee of $1310/year ($2620 total for 2010 & 2011) does
not appear to be have been paid;
9). Lastly, in reviewing past records from the Surface Water Protection Section files; Baytree/Lake Creek Corp applied for a Non -
Discharge permit in 2000 to remedy problems/violations that could only be corrected by upgrading the treatment infrastructure
at the site to maintain their NPDES permit. The facility was cited with violations while under the NPDES permit and a no tap
moratorium was instituted with the last NPDES permit issued to the facility. The spray irrigation system was put into service in
1

the sumfmer of 2005 and since that time has had numerous violations relating to site operations, hence the NOV's and
ersforcement actions with penalties.
With all of the above, I feel that the remissions request should not be considered or a lowed and that the penalty assessment be
upheld. Furthermore, there are no facts to dispute. Baytree/Lake Creek Corp didn't have certified operators at the facility, hasn't
paid their annual permit fee for two years, hasn't submitted valid monthly monitoring reports for nine months and hasn't
submitted two groundwater monitoring events as specified by the permit.
If additional information is needed or clarification of the above information provided, please don't hesitate to call me at 910-
433-3340 or email. I will be more than willing to participate in a meeting at the Fayetteville Regional office, if requested by
Baytree/Lake Creek Corporation to clarify any items or permit issues that Baytree/Lake Creek Corporation may have.
Sincerely
Jim Barber
From: Hardee, Ed
Sent: Thursday, July 19, 2012 9:35 AM
To: Barnhardt, Art
Cc: Barber, Jim; Honeycutt, Tony
Subject: FW: NC DENR Civil Penalty Assessment Letter: Lake Creek Corporation
Case PC-2012-0012 Lake Creek Corp.
The 30 day time to respond for this case was by 6-21-12. On 6-25-12 Mike Myers, Envirolink, called and said he had just
received a copy of the case from Lake Creek. Mr. Myers want to know if it was ok to submit a remission request and I told him
the deadline had past, but if he wanted to submit information it would be ok. I also to d him I made no promise that
information submitted would be used in a remission request as the deadline had past. On 7-18-12 I received the attaches letter
from Mr. Steve Jones, Jr.
The request was not submitted within 30 days and a signed waiver has not been submitted. I believe this case should not be
considered for remission.
From: Steve Jones [mailto:sjones©Iakecreekcorp.com]
Sent: Wednesday, July 18, 2012 11:20 AM -
To: Hardee, Ed
Cc: 'Michael Myers'
Subject: NC DENR Civil Penalty Assessment.Letter: Lake Creek Corporation ,
Dear Ed -
In follow up regarding the subject and earlier communication from Mike Myers with Envirolink concerning same, please see
attached.
And, please feel free to contact me any time.
Regards,
Steve
Steve Jones
704.576.8462 (m)
704.973.7936 (f)
[e-mail]
2

ROY COOPER:
ATroRNEY GENERAL
. • STATE OF NORTH CAROLINA !
DEPARTMENT' OF JUSTICE
P.O. Box 629
RALEIGH, NC 27602
'May 20, 2013
D. Stephen Jones, Sr.,,Registered Agent
Lake Creek Corporation
PO Box-1029
Clinton, NC 28328
UL lI-FRS%
IUN l 201. "
DWG
REPIX I O:
PHIIl11'T. RF.YNOIDSr
. ENVIRONMENTAL DIVISION
TEL: [phone]
FAX: [phone]
Re: Civil Penalty Assessment,Caldwell County ! ,
DWQ PC 2012-0012, $6, 728.60, plus interest $306 01, total l$7,034.61
Bladen
Dear Mr. Jones:
A civil penalty was assessed against you by the N.C. Department of Environment and
Natural Resources, Division of Water Quality, on May 21, 2012, and became due and owing on
June 21, 2012, in the current amount of seven thousand thirty-four dollars and sixty-one cents
($7,034.61), which includes investigation costs and accrued interest. As' of the date of this letter,
no payment has been received.
In order to avoid the filing of a civil action against you, the civil penalty assessment must
be paid. Payment should be made by check or money order payable Ito "N.C..Department of
Environment and Natural Resources" or "DENR", and sent to my attention at the above address.
If payment is not made within ten (10) days of receipt of this letter, the State will file a legal
actiortin Bladen County Superior Court to collect the civil penalty, plus court costh, and interest
at the legal rate.
If you have any questions, please contact me immediately at [phone].
Sincerely,
Phi lip T. Reynolds
Assistant Attorney General
cc: Vanessa Manuel, DENR, DWQ
PTR/brc 0 0

NC ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue _Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
August 3, 2012
CERTIFIED MAIL # 7008 1300 0000 1106 5994
RETURN RECEIPT REQUESTED
Mr. D. Stephen Jones, President
Lake Creek Corporation
33 West Bay Ridge Road
Harrells, NC 28444
SUBJECT: Past Due Notice of Civil Penalty Assessment
Lake Creek Corporation
Permit Number: WQ0018708
Case Number PC-2012-0012
Bladen County County
RECEIVED
AUG - 7 2012
DENR-FAYETTEVILLE REGIONAL OFFICE
Dear Mr.Jones:
On May 12, 2012, the Division of Water Quality assessed a civil penalty of $6,728.60, including
$1,128.60 in enforcement costs, against Lake Creek Corporation in violations of the subject permit
conditions. The assessment was sent via certified mail to Lake Creek Corporation and was accompanied
by a list of available options that included: payment of the penalty, request for remission of the penalty, or
request for an administrative hearing. The assessment stated that failure to exercise one of these options
within thirty (30) days after the receipt of a civil penalty will result in this matter to be referred to the
North Carolina Attorney General's Office, to institute a civil action in Superior Court to recover the
amount of the assessment. Records from our Division reveal that the assessment document was delivered
on May 22, 2012. A response was due by June 21, 2012.
On June 25, 2012 I received a phone call from, Mr. Michael Myers, Envirolink, Inc. stating he had
received a copy of the assessment from Lake Creek Corporation and Wanted to submit a remission
request. Mr. Myers was informed that the response due date had passed, and if he wanted to submit
information he could, but it would not be considered for remission. Mr. Myers stated he would submit
information within the next couple of days. Mr. Myers sent an email the same day relating that
information would be sent within the next couple of days
On July 18, 2012 I received an email from Mr. Steve Jones, Jr. with attached letter, requesting remission.
In addition to being received after the due date the request was incomplete as, there was no signed waiver
form submitted.
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 512 N, Salisbury Si,.Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwaterouality.orq
One
NorthCarolina
An Equal Opportunity ; Affirmative Action Employer

Mr. D. Stephen Jones
August 3, 2012
Page2of3
North Carolina General Statute 143-215.6A (d), (f), and (g) which provide the law on contested cases and
remission request is copied. below.
§ 143-215.6A. Enforcement procedures: civil penalties
(d) The Secretary shall notify any person assessed a civil penalty of the assessment and the specific
reasons therefor by registered or certified mail, or by any means authorized by G.S. 1A-1, Rule 4.
Contested case petitions shall be filed within 30 days of receipt of the notice of assessment.
(f) Requests for remission of civil penalties shall be filed with the Secretary. Remission requests shall
not be considered unless made within 30 days of receipt of the notice of assessment. Remission requests
--must-be accompanied by a waiver of the right to a contested -case hearing pursuant to Chapter 150B and a
stipulation of the facts on which the assessment was based. Consistent with the limitations in G.S.
143B-282.1(c) and (d), remission requests may be resolved by the Secretary and the violator. If the
Secretary and the violator are unable to resolve the request, the Secretary shall deliver remission requests
and his recommended action to the Committee on Civil Penalty Remissions of the Environmental
Management Commission appointed pursuant to G.S. 143B-282.1(c).
(g) If any civil penalty has not been paid within 30 days after notice of assessment has been served on
the violator, the Secretary shall request the Attorney General to institute a civil action in the Superior
Court of any county in which the violator resides or has his or its principal place of business to recover
the amount of the assessment, unless The violator contests the assessment as provided in subsection (d) of
this section, or requests remission of the assessment in whole or in part as provided in subsection (f) of
this section. If any civil penalty has not been paid within 30 days after the final agency decision or court
order has been served on the violator, the Secretary shall request the Attorney General to institute a civil
action in the Superior Court of any county in which the violator resides or has his or its principal place of
business to recover the amount of the assessment. Such civil actions must be filed within three years of
the date the final agency decision, or court order was served on the violator.
The request for remission letter and any contacts requesting remission were not submitted within the
required thirty days of receipt of the assessment, and cannot be considered.
Please submit payment of the civil penalty to the address below within fifteen days of receipt of this
notice. Make check payable-to-NCDENR. -
Mr. Ed Hardee
NCDENR, Aquifer Protection Section
1636 Mail Service Center
Raleigh, NC 27699-1636

Stephen Jones
August 3, 2012
Page 3 of 3
Should you have any questions or desire to setup a payment plan, please contact me at (919)-807-6319.
Sincerely,
E.D. Hardee
Aquifer Protection Section
cc: Enforcement File #: PC-2012-0012
(Fayetteville Regional Office, Aquifer Protectiori.Section
Permit File WQ0018708
Mr. Michael Myers, Envirolink, Inc.

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tD SIT rtirdo7ONES
LAKE CREEK CORPORATION
33 WEST BAY, RIDGE ROAD
HARRELLS, NC 28444
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If YES, enter delivery address below: ❑ No
3. Service Type - - -
Certified Mail 0 Express Mail
°Registered'. , :XRefdrn Receipt for Merchandis(
❑ Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
2. Article Number fi
(Transfer from servicelabel)
•7Itl ]h1 1 d 1� C1Sl 1 7 4 �. b
�e Gr,rr„ r4Sti i roi,rr ter„ onnn Qe+11r., Qeroir,+
nano, n,..,��

UNITED.. STATES P.OST4, .PERV,icF • • • - •
"5rst7G1qp'§'Mail.••••''.
-,•=Ptmitflb,.•47
• Sender: Please print your name, address, and ZIP-14 in this box •
NC DEPT OF ENVIRONMENT & NATURAL RESOURCES
DIVISION OF WATER QUALITY
ATTN: ART BARNHARDT DENR-FRO
225 GREEN ST, SUITE 714
FAYETTEVILLE NC 28301-5043 MAY 2 2 2012
OWQ
IIiIiJllIlI1IllJI

Nortil CarolinaDivtsioiif
Departmehtf„6.
Beverly Eaves Pei.clue Ofia4e,
GOvernor
CERTIFIED MAIL
RETURN RECEIPTREQUESTED
D. Stephen Jones
Lake Creek Corporation
33. WestBay, Ridge Road
Harrells; NC :28444
SUBJECT: Assessment of Civil.Penalties for Violation(s) 6f
NCGS 143-143,215:1 8 Permit No.WQ0018108:
Bladen County
Enforcement File #: PC-2012-0012 ,
. -
Dear Mr. Jones:
This letter tfansInitofiotiee of 4:eivil penalty assessed againstLake aniOU
• • . .
and $ 1118:60. in investigative costs, for a. tbtal. 6',:128,60',;-;:Atta.efied is a copy of the AgeOffeilt..dOCUfgens
explainhig thiS:pen'aity.
This sa-ction Ay45 taken ppdertlwaufhoriiy vested in: me,by 'delegation provided b the Secretary of thelaepartnient
of Envirofinielit alid,:gattutal Res0PEPOAnycontinuing viplatiOn(s).'may be the ;subjett,of a new .enforeePlent
action, including an additional penalty:
Within thirty days .of receipt of this notice, you nit* de op.e.Ofthe f6.116Wing:
1. Subinitpaynient of the perialtyz:
,1
PappentAoulct 1)e-410e-directly 00e:elder:of the Department. Of Environment_ and.,Natural Resources (do
not include, waiver. foriii). Pomba.of the penalty will not foreclose : flu!Ithe!. enforcement Action. for any
continuing.ornewviolatioa(s). Please:submit:payment to,the attention.:ol:
Ed Hardee
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
1617 Mail Service Center, Raleigh, North Carolina 276994 617
Location: 512 N, Salisbury St:: Raleigh, Nofth Carol itirt 27604
Phone: [phone],300FA).C:-9) 9-807-6492 Customer Service: 1-877-63.-6748
Internet www:ncwateratiality.org
An Equal Opportunity \ Affirmative Action, Employee
One
NorthCarohna
aturally

Assessment.of Civil Penalty
L4e.Creek Corporation
Enforcement File 4PC-2012-0012
5/11 /20 12
Page2 of 3
OR
. ... ....
•-.,:•:,:::: .
1 Submit a written request-1'o- rentiSsiOn.inatiding,-11:: did e
...
.. , ...... —.. for such
Please be aware that &request for remissionis•lirnitatoyconsideration o ..,,i191.4,ekqet\orsiiiiSte below,14 they
may . .
May relate to the reasonableness ofth,d_arnOurit of ilid-Cylltiqiiii,;*404-,,ii-4.,
pggigiiittl47
sPtatoPme:nts contained in the civil'penalty assessment.1914)994*(1*41e g6tta6Y*4IVq1914. •,,,-
,,,,,„ •
--1.0 er procedure ..for oontesting: whether the:ViOl."'
....,
option of an aifiiilitistrative: hearing; such • • •-• •":#1090444‘...0§4ia iimlianiieii• 1-1'6194441*1
it to the Division of Water Quality at the addrefiS-
prepare a detailed statement thatestablishes why :•...Op;'":lto#1*6T4TriSFil411j;:tliiik);111)1':'.it.t..itilbeilmriessil
administrative' hearing and.a stipulation:ail 'reAii.4`11*§Itb*4.cediAigiV10,13-k'-,14441'%1"* the
a**6iilffi**'**la.',r:;lle:!.:r::::::::::.;.-:.:9:,f:::Y:.::?::::"if::1:::ti: an
...v
.:••,..:-
below In
A2.
•,-:- -
,„...
--.,
will be approved, the following -factors. shalt be-considefe
-,-:
'- .:;• - .:•• If -......: -.---,i, •
:,-...
.----
(1) whether one or more of the civil penalty aSSesSirientlketerS S. '1431:82i.,1.(b)...Were;.-WIF•ongftilly.
, . ,, •,• . . ,
applied to the detriment of thdVidlator,,
. • - ,,-
, . • .. , :...,..,,,,;.;.,,,c,....--•-,_..)... -, • ,,•,...,.;..,,,,, ....-..- ,,
..,•
(2) whether the violator promptlyabated Contintiin.g..01Vitolifoio oti,a•-g-e000igivo.ifittivioutidif;
.
,...
(3) whether the violation was inadvertent or a-reSult OftihfieCiddnt;••-_•:. .. • ...;.-... . • • • , - ' _ - ,,„ •
._,
(4) whether the violator has been assessed civil penaltiOgnallY:ingyidUS Violations; or . . • . ,
(5) whether payment of the civil penalty will prevent for ifie:itiiiaiiiingiieCeSSary•feirredialAetions., ..
. , . .,....,..„ . . .. .
Please note that All.evidencdsp•resentdd in supfort.o.f.yotii,:yegue407.r.::.ternissiori;ifi,00:•:b0-§olifititted.-itt writing. ,
The Director of the Division of the Division of Water -'-..QijalitY.,*illi•ieVid.w your evidence. and inform you of
their decision in the matter or your remission.request.T4ito0000,Wilis.proVide details regarding the case
status, directions for payment; and provisiont :Or.:ftilifier::APPOt: of 'the• penalty to :the Environmental
Management Commission's -Committee on-CivilTenatfyleittiSsiMiSXCommittee.)„, Pleasebe.adVise'd-sthatthe
Coirunittee cannot consider inforrnatiOn that was not part "Offite'-6i.jgiiialreMisSiOnyecittat.eptiSidered 1,--y..the
Director. TherefOre,-, it is very important that you prepare a -COMPlite. and thorough State:Pent in support of
yovrrequestfor. remission..
In order to request remission, you must complete and submit • the .enelosecl"Request :for RemiSsion..of:CiVil
Penalties, Waiver of Right to an Administrative Hearing, -and -Stipulation of Facts" form Within thirty (3,10)
days of receipt of this The Division of Water Quality also requests• that you complete and submit-the•.
enclosed "Justification for.Reinission Request." Both forms skit:hi-be submitted to the following address:
Ed Hardee
Aquifer Protection Section
Division Of -Water Quality
1616 Mail Service center
Raleigh, North Caroliiia 21699.-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:

-
Assessment of Civil. Penalty
Lake: Creek, Corp -oration
Enforcement .File.#.PC 2012=001.2
:5/21/201`2
Page 3,90
If; you wish to contest:any statement' in the attached assessmen
administrative:hearing:, eaiwg:, You may obtain thepetition forin fi nt
must file the petition:with the: Office: of Administrative eaungs w
notice. A petition 'is.considered filed'when it is reeeiyed?in the Off
normaloffice l u s., The Office of Administrative Hearin
the hours of 8:00;'a.m. and 500 p.m., exceptfer officiallstat,
(fax)9r'electronic snail by an attached file (wiih restrictions
a> fiting:;fee (if:a::filing fee is:reguired by NCGS § 15013,
Hearings within. seven (7) business days following the» axe $ ,f
the Office of: Adiiaimstrative 1learnigs,°with all.questtonssregaru
process: The mailing. address: and telephone and fax°nui ibers>
follows: r
:Office of Adiniiistrative Hearings
6714.Mai 1; Service Center
Raleigh,. NC 27699,6714.
Tel: (91.9):431-3000
Fax: (91'9).43:.1-31.00
One (1): copy of the petition. iriust. also: be served on:DE
Mary:Penny. Thompson, General Counsel
DENR
I601.= Mail Service Center
Raleigh, NC 2769.9-160:1
urmg
!{between,
faestimle
"cony and.
Failure. to exercise one of the.pptions above within :thirty (3:0) .days of receipt of this notice, 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 maybe assessed for violations thatocent after the:review periodof this
assessment, lfyou have any questions, please contact Stephen Barnhardt at:(9.10)'433-333'6,,
Enclosures
cc:
Sincerely;;

STATE OF NORTH CAROLINA
;COUNTY Of BLADEN
IN THE. MATTER OF:
LAKE CREEK CORPORATION
FOR VIOLATIONS OF.:
Permit No.WQ0018798
arid N:C.G.S. 143-215.1
ASSESSMF
ST
OF CIVIL PENi\
Acting pursuant to North Carolina General
delegation provided by the Secretary of theliet*t*iltr..0 TV101-..3t0#t*iNatural
I, Charles Wakild P.E., Director. of the Division of Water Quality.:0)*(M''ii:41,the,'
1. FINDINGS OF FACT:
A. Lake Creek (.'orporation (hereinaftcr re1rrcdto as reek, is a`-OriltiraltiOn;
organized and existing under the laWS'of4014*o.fNorth
operates a 20,000 gallon per day waSteWaiet_SAtfaCe,i:Irrigation.Systeni:af'l2415..:NC
Highway 41 EaSt; llarrells, NottlirCarblitikIlladen10*-ty,
B. The Lake Creek Corporation's -wastewater facility OffststS, Of .an infInert.'flewmimitor,
barscreen, storage lagoon with (30) days storage, hypo -chlorite injection and spray
irrigation system.
C, Lake Creek as issued Permit NO. WQ0018708, On February 3, 2009 With an expiration
date of J„une 30, 2013 for operation of the wastewater ,disposar system:
D. On February 16, 2012, the Division issued .a Naffed. of Violation (NOV).to Lake Creek
identifying violations Of Perrint NO.WQ00.18108. The violations Were as f011OwS:
(1). Failure to employ and designate a Certified operator -in:responsible charge (ORC)
and 0110 01.* more certified operator(s)• to. be the back-up ORC(s) Permit. Section la
(2),
(2). Failure to maintaimasuitable year round vegetative crop. Permit Section III (3).
(3). Conducting, spray.irrigation OperatiOns during inclement weather. Permit Section
In (5).
(4). Failure to submit required monitoring information. Permit Section IV (1)
(5). Lagoon marker was not readable nor was it reset to'reflect correet levels with the
information provided following a:site visit Permit Section III (i 3).
(6). Failure to pay the required annual permit teriew4lfee(s). Permit SeCtiOn.Y1 ($.),
E. The NOV was sent by Certified Mail, Return Receipt Requested and received on
February 25, 2012.
.s;

F. 04 M4tett .2012 a Notice of .Intent:tonoe4ietex,
violation of NI:Q.0.$, j4 --7'2j 5.1
G. ThO Notice of Intent to enforce was •sdk,
and recievied on March 27, 2012.
1-1 Staff costs Ancl'Pcpe.11Pes ••associated with del
arid extent and bringing enforcernen(dOiOfil
1$4.se4itipo4th0 aboVe;Finding :Of Fad, I rilake.the,:.
11. .CONCLUSIONS,OF LAW.
•A. kake,Creekis mpasohli within the l'ilearting.; ,
B. Permit NO. WQ401.810$ is.reqi,iedhy1tC:
Creek oil -February 2011 and 0pites.JUne4
C. Lake Creekviolated N C G S 143-21.5.4. and Perrni
•
extentastiesdyibed in Petrnit WQ0018708:13Y:theI6
5 k
is perfnit Wa§,jss
c,maifect44
Pr
-,•
(f). Failure te:einplOy,and desighate:h:cortifiedOfferaTO00840iisiblolifte7(0K arid:Otie
or niote cotified„opetatO1:0:to 01;(2).,
(2): failure to maintain a
(3): .cohchictihg:spra)1fligation opetationS.duiini:1n0*4*eatblet, Permit Section .1II‘ (5),
(4): Failure to ,submitrequired,monioring infdinatiOn;40#pofts. Permit Section TV - (1).
(5). Lagoon marker was not readable nor Wa'§it:t.60-ettAO-Oiket correct levels
information provided following a site:Visit..PO-hilt SWioh.III •
(6). Failure to pay-thoreoirod arihp.1 permit tetiew41 fcC44f!Crthit$ectiO04 ($),,
GentratStaihte 143,21-5:0A (h),:(2) provides that a civil penalty of ildt.inotelhao $490 (), 00
per violation a pergdii. who violatesor failsto.adt#1aeetidaiic;With,
.
the t60:8„ conditions, or requiteinefits ofopettnit„roqWtd4 14.342151...
•
B. Generalgfatufe :141215•.,3(a).:(9)':proyides,tattne. teasonOlp;costs -of .any. investigation,
inspection or -monitoring:survey may I)e,a§se§cd.Aga-ih-ft,a person who' violates : any:
kegiaations, glanciatc%bt lithitationadOpted'bylilt. Environmental Managenient
COrronis.8ioivot0014tos,Ahy.torm§ or conditions 01:111:421Sslied
143-245.1, or special ord,cr or. -other documenti$suOTUrsuantto 14.3415.2..
Based upon the aboveFindings of.Fact and Conclusions fLaw, 1 inalj'e the f011bwing.

III. DECISIONS
Pursuant to N.C.G.S. 143 2.15,6A iri:detertritmn
into account the Findings of Fact and Conclusions p
N.C.G.S:14313282.1,
=
Accordingly, Lake Creek Corporation shall be,
$ '1,600,:00
$ 200.00 "
$ 20000
$ 3,200.00
$ 200.00
20000
$ 5600.00
for violaticinsf
,
Section III (2),.:firai in ern
operator in,reSpOliSite'vefe((
operators(s)_ tp:be:f
1, .01.;Z
e amoun:o
for violations Of
Section .111 (3)i•vbY:failtri
the spray irrigatidn fie
assessed
43215 and Permit No. ,
sto4rianitatn`a,SUttapp•y941:-TpRuuto
era
for violations of C.G.S. and NO:: 708,
-",
Section by conducting. spray irrigation operations during
inclement weather. (21 ,ebenibef 2-011)
for violations arid Permit No. wool ros
Section (1),, by submit
information and itep6it..:(01-.::**13br 2911 -,,-May=1,- 2012)
for violations 0: and Permit NO. W00618108
Section 111(.13), by not haVing:a readable lagoon level marker and
failure to reset the level inarkey:fq reflect ccirrectleyels with
information provide after a site visit.
for violations ofN.C.O.S. 143215 and Permit No. WQ001870.8
Section VI (8) by failure to pay the:required 'annual permit renewal
fees. (2010 and 2011.of $1310:00 per year)
TOTAL CIVIL PENALTY which is 0.44 percent of the,
maximum p,enaltyauthortzed by N.O.G.S. 1437215.6A.
$ 1,128,.60 Investigation 'costs assessed
$ 6'728.60 TOTAL AMOUNT DUt

which penalties have not yet beep assessed.
V. TRANSMITTAL:
Pursuant:to. G. S. 143 •21 .6A(p), in 400014011
into account the Findings,ofFaCt and ConcbiSiOnk'S
282. 1 (b), which are:
(I) Thc 'degree and extent of .hat-ii••••16..the!,.ra w altresonkeSO
health, or ' ' • to pnyatepropertyyegglthri:Oin- -...•''''''''•'-''''''-'•'-'-'''-7---- ' . ,V;io 42,,.4:- •
(2)- The duend gravityoft14.-.ViOlaiib ,''''' • -'"•-1-9w '.
(31).- Theefiect on ground:or surlaceAvatW Vann
effect - - • • - •-, , • —•-...-. ,..:•...
(4) The cost of r'OttfYingthe•.daini''sr4'''
(5). The amount cif ilva,savgd-. Acmcon1 p
L(6):: Whether-0.0,1.4000n was';ciiiri-f 4 ' i11fi11yV4199,44#4,
(7) Thoprior recordofthe'violatO6it aiii or
failing to .,
over 'which:theEnvironmental TaWin),Wti, Commission has
and. ,...-.
(8) The cost to:the.:glatcolthe.otitOrCoiiichtt roc! u:ro - ' -
.,,,,....:,
._.....
IV. NOTICE::
lic
I reserve the right to assess civil penalties and investigative costs for any continuing
violations occurring after the assessment period indicated, above. Each day o'fa continuing
violation may be considered a separate violation Subjed to a maximum $25;000i6O:per-day
penalty. Civil - penalties and itivestigOVe-cosuriwy be assessedfor any othor rules and.statutesfor
These, Ftading of Fact Conelusions. of Law and De**, shall be transmitted to,Lai.o
crook in gccordance with
3I w-At./
(Pale)

STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
LAKE CREEK CORPORATION
33 WEST BAY, RIDGE .ROAD
BARRELS, NORTH CAROLINA, 0444
PERMIT NO:WQ0018708
EPA T
•s'
Fi
Having been .assessed civil penalties totaling
the assessment4ocurnent of -the Division Of Whiet';044'
desiring to seek remission of the civil penalty, does
hearing in the above -stated .matter and
assessment document. The undersigned ftirthei.,44.dOW'
of remission of thiscivil penalty must be submitted to..
Quality within thirty (30) days of receipt of the. notice
support of iremission request will be alloWed"dttefiliitty,`,
of assessment.
This the day of
edee'restrii&e--4F--
su ort
e Director of thc Division of Water
f assessmcnt. No new evidence in
0) clays fr�m lhe receipt of the notice
• :
Signature
ADDRESS
TELEPRQNE
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699=101 [phone]
EtrA
•OENfi
ciisyirila,seiqce• •
)477-623-6748'

JUSTIFICATION`ROW
APS Case Nun:16er: PC,2012-0012
Assessed Party; Lake.Creek:C.OrnOrdtleik*:j;
Permit NO.. 'W000187.08 Amount diSe-siedr.676(
Please Use:this:form -When, requesting reirtiSSiiM•.b .,.. rs,eivi e '''a li3Opqt,410,00n) 10031i0
Request For Remission, Waiv& Of Right-16 .: dii-Allig;I:VP-.05:f1:„..di l'i :11::kir6;fit _tS jailed eia rii Tig ifin:b gf'
Facts" form to request .remission of this You'
e irep 42 r.._ :,...:. 1-41:••4--
. q ap ar: opumentsAhat
you believe .support your request and.are rie.PeSiiiirJoi
ciVil:penal ,,..Tghotldtrli:i::::::::::41; ji"--6.
,, :.,,,_,,,;•
year request for ,:reirfiSSion: Please : be: aware that a
consideration of the five factors fisted belii*-.as4..,,e may.re a e.,..,o
amount of.,fho: Civil penalty- assessed, leiltl:-.04iii*-41eWkigh,44not the '
,:;t:,•Ir202 CO1:1S::ti::e;.crj::t, 1,:lx:r'11:::::1:i:iill::f:,: or .1
request'i".forr
ea
proper- rsoce
contesting 'whether the violation(s) pc.cored.6;.:. eI`,attei-tefof any of the Iactua1r§taterrients.
contained iiithe ciVil:ponalty assessment:dairriten Bv[NCGS,-- :, • --, ...4..•&,0Q5,...,,,tv,... ; -•
...., 'remission ? a
d civil penalty:may be g.riatited When.. one te'frieirth fiVO act° aka tqsd ease•
,-v-zo7.,,ir, vs!•15.t• :
cheelc.. eac,ll faelof that :you :4:61iop:appitiog:e.tii:;vour 9N4lei, 4. Omni
. 4,.' -
i001:actirig; copies of ..supporting:cfpgutiehis::sti- ,_.
tor applies (attacittOffia a es:
`•-.' 7. - - T. ',: ;.: , •
as needed).
• • _
• -one or inure of the eivil,pet4ity.?-a§§8§1-iiaif.faefotgin -gdOg:;14011.-*;2g1',IKb)46r
wrongfully applied to 'thedetriment bEthelibtitiorier (the assessinentfactoi s are
included in the plkichc.d penalty listed ifl the civil penaily
•
.(h) the violator proitiptly libated boritifiiiiiig:efMtdiiiiittit61 darilkeleSilliititTrorrifthe
violation (i.e,, txplatitfh.e- steps that you took coetept the 70folatioit.dhcipiteMit:
fuhtrevee prren:e0);
• 1 •
,•. I . .
(e), the violation, was inadvertent or ,:a result. of 'a.ti accident (Le.i. explain 'Iii.Iiii. the
violaii.on'wdj unavoidable or • jeiiiiething you &mid noiplevent br.:pkopafoi)„.. .
(d) the violator had not been assessed civil penalties for any previousviolations;
(e)
payment Of the civil penalty Will prevent pm/Merit for the retnaihifig iieo6§sary
rethddial. actions 6.6.„ .exptaii.th pq.prho'nt,.9f th0 ,0111,1711-,#,eneil0 wzllprevent you
frfip) pOfoeming :the OetiVitigheee.Odiytd:qchfeve cpnygiafiee).
EXPLANATION:.
\Rem. req.

(
(
rR
0
n.l
co
N
N
m
0
D
D
N
to
rR
O
ra
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Feel
Sent Map
Street, Apt. No.; n
or PO Box No. Lam.
City, State, ZIP+.1
Lai
.UNITED.STATES P.OS.T:3L5ERVIQE
„d f b•'%:'p' c..:. '' +"�:ti_+T. .s:t�'s.:t+: SrK •. i
Postmark
Here
514/A-
° Sender: Please print your name, address, and ZIP+4in this box •
NC DEPT OF ENVIRONMENT & NATURAL RESOURCES
DIVISION OF WATER QUALITY
ATTN: ART BARNHIARDT
225 GREEN ST, SUITE 714
FAYETTEVILLE NC 28301-5043
•
ENR F
:u'12
j
1,3131.133111,1,1,11 t3 !il31,311313i1313,i.17331
SENDER: COMPLETE THIS SECTION -
e Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
e Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article r o
D. STtirN 70NES
LAKE CREEK CORPORATIONE OAD
33 WEST BAY, RID
HARRELLS, NC 28444
CONIP,LETE THIS SECTION ON DELIVERY
❑ Agent
ddressee
ri
C. Date of Delivery,
S'r. 22
D. Is delivery address different from item 1? 0 Yes
If YES, eriter delivery address below: ❑ No
3. Service Type
Cegied Mail 0
Express
CI Registered urn Receipt for Merchandise
❑ Insured Mail ID C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
2. Article Number
(Transfer from service label)
4R11 Fahrttary 2004
7010 18'70. 0003 4774 8201
Domestic Return Receipt
102595-02-M-IE