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WQ0018708_NOV-2012-PC-0051_20120216
u I. .r'os a ^ervicerm CERTIFIED i\/1AILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.como Postage rt Certified Fee 7 Retum Receipt Fee 3 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) D Total Postage & Fees 7 Street, Apt. No.; or PO Box No. City, State, Z!P+4 Postmark Here • fh ;edified Mail Provides: e A mailing receipt e A unique identifier for your mailpiece a A record of delivery kept by the Postal Service for two years • mportant Reminders: e Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail e Certified Mail is not available for any class of international mail. e NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fc valuables, please consider Insured or Registered Mail. e For an additional fee, a Return Receipt may be requested to provide proof o delivery. To obtain Return 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 "Retum Receipt Requested". To receive a fee waiver fo a duplicate return receipt, a USPS® postmark on your Certified Mail receipt required. e 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". e If a postmark on the Certified Mail receipt is desired, please present the art 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. MPORTANT: Save this receipt and present it when making an inquiry. 'S Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 SENDER: COMPLETE THIS SECTION IN 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. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article.Addressed to: D. STEPHEN JONES LAKE CREEK CORPORATION 33 WEST BAY, RIDGE ROAD -IARRELLS, NC 28444 COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Prinntted Name) r vE o -51'S N ❑l i Addresse C. Date of Deliver Z-2S's IZ D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: 0 No 3. Service Type ❑ Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandis ❑ C.O.D. 47-Restricted-Delivery? (Extra Fee) 0 Yes 2. Article,Number � = � - - -- (Transfr frdrh service'labeq ' 4 i i i I 0E 18 7 I] .• 0.o 4.-7 7;4 PC Fnrm fIR11 Fohiliar, 9flfl1 S nnmostir. Ratiirn Rocoint 105n95-09-M-1Fd UNITE y4,, p TAIr:§ r ,> gs� AR . ;i s: Ff_..er?. • Sender: Please print your name, address, and ZIP+4 in this box • NC DEPT OF ENVIRONMENT & NATURAL RESOURCES DIVISION OF WATER QUALITY ATTN: ART BARNHARDT Ids 225 GREEN ST, SUITE 714 0° FAYETTEVILLE NC 2830 4" 1-50 �;, in 1,I.1.1...11,11„ 'ILI,II�,1% ,s,l ATA NCDENR North Carolina Department of Environment and NaturalResources Division of Water Quality Beverly Eaves Perdue Charles Wakild P. E. Dee Freeman Governor Director Secretary February 16, 2012 CERTIFIED MAIL '%0/ © /O Qc 3 11 y - U RETURN RECEIPT REQUESTED 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 in 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: 910-433-33001 FAX : 910-486-07071 Customer Service: 1-877-623-6748 Internet: www.h20.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer NorthCarolina Xatura!!i • D. Stephen Jones Page 2 February 16, 2012 Violation 2: SECTION III OPERATION AND MAINTENANCE REQUIREMENTS (3) A suitableyear 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 no 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 seasonal 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 REQUIREMENTS (1) 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 holding basin, 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' mark). 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. ' � r D. Stephen Jones Page 2 February 16, 2012 Violation 2i SECTION III OPERATION AND MAINTENANCE REQUIREMENTS (3) A suitable year round vegetative cover shall be maintained such that crop health is1 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 no 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 seasonal 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 REQUIREMENTS (1) 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 acceptablei 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 holding basin, 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' mark). 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 paythe 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 corrective action 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, Stephen Barnhardt, L.G. Regions Aquifer Protection Supervisor NCDENR/DWQ/FRO cc: APS Central Office File SAP FROile' Bay Tree Lakes POA, Inc. 640 Bay Tree Drive Harrells, NC 28444 Attn: Clark Wooten, President SENDER: COMPLETE THIS SECTION . COMPLETE THIS SECTION ON'rdELIVERY" .., ▪ 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. la Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article' Addressed to: D. STEPHE.N JONES LAKE CREEK CORPOR. .ION • 33 WEST BAY, RIDGE ROAD HARRE LLS, NC 28444 A. Signature X B. Received by (Pri�rinnt-ted Name) ❑ Aggpt- ,.2 ddressel C. Date of Deliver D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Registered 0 Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7010 18701 0003 4774 7211 . PS Form 3811, February 2004 SENDER: COMPLETE THIS SECTION Domestic Return Receipt 102595-02-M-15' • 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. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. STEPNEN JOKES LAKE CREEK CORPORATION 33 NEST BAY, RIDGE .ROAD HARRELLS, NC 28444 COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑Age t- ,2 ddresse C. Date of Deliver 2.-2 r= D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Registered 0 Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandis( ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (rransfer from service label) I 7010 1870 0003 4774 7211 PS Form 3811, February 2004 Domestic �I eturn Receipt rrl Certifled Fee p Return Receipt Fee 0 (Endorsement Required) Restricted Delivery Fee P (Endorsement Required) r-1 • Total Postag4 Fees 1 CI r1 O r- Sent To 102595-02-M-154 Postmark Here t-4