WQ0018708_NOV-2010-PC-0937_20100816

October 19, 2010
Mr. Joel Shields
Aquifer Protection Section
225 Green Street, Suite 714
Fayetteville, NC 28301
Re: Bay Tree Utilities Company
NOV-2010-PC-00937
Permit No. WQ0018708
Bladen County
Dear Mr. Shields:
CREEK
CORPORATION
RECEIVED
OCT 2 2 2010
DENR-FAYETTEVILLE REGIONAL OFFICE RECEIVEID
OCT 2 2 2010
' DENR-FAYETTEVILLE REGIONAL OFFICE
Thank you for your time on September 22, 2010, when you, Jim Barber and Tony Honeycutt met with
Bill Stafford, Steve Jones, Jr. and me in the Bay Tree Lakes office to discuss the issues you raised in
your letter dated September 2, 2010. Your letter of September 27, 2010,requested response in writing.
Accordingly, please see -our responses below in the order you had your issues listed:
Issue 1
The Lake. Creek-Corporation".d/b/a Bay Tree Utilities Company Permit No.WQ0018708 dated February
3, 2009, page.3 of 10, Section III, paragraph 3 states, "A suitable yearl,rodnd°vegetative cover shall be
maintained such that crop health is optimized, allows for even distribution of effluent, and allows
inspection of the irrigation system." As we talked about during the September 22nd meeting, there is no
specified "primary crop mentioned in this permit. Because the spray area in the approved plans
extends into the buffer zone, and you have indicated you would prefer'Ito see Bermuda grass in that
area being sprayed, we will mow out sufficient other vegetation and allow the Bermuda to spread into
that area.
Issue 2
We are operating under the current February 3, 2009 (WQ0018708) permit. This permit requires that
the next calibration is completed by February, 20.11. Your September 2, 2009 letter references our
responsibility for maintaining compliance that has to do with past voided permits. Due to the fact that
there are contradicting operating policies and procedural requirementslusing various outdated and
voided permits, we find it most appropriate to operate under the most current permit. And, therefore, it
can only be appropriate to operate under the most current permit. We !intend to calibrate our spray
equipment within the next 60 days but in any event before the February completion date. _
Issue 3
The flow-meteris-calibrated measuring the head in"inches in the V-notch weir and use that .
corresponding nutrber "dh the`rrianufacture supplied pump curve."' We then adjust.the'meter to reflect
the appropriate flow. It should be noted that within the last two years the deviation percent for accuracy
Of the meter was less than 1 %. Please see the attached copy of the letter to Bill Stafford from Joe E.
.
White, Sr. from J&J White, Inc.
33 West .Bay Ridge Road - Harrells, North Carolina 28444 -'910.588.4432

i
CREEK
CORPORATION
Issue 4
The freeboard elevation was established on initial start-up of our spray fi'eld'operation with the help of
Fayetteville Regional DWQ staff. The accepted lowest elevation point was then established relative to
the benchmark on the concrete corner of the WWTP. During the site review on 9-22-10 the original
stake identifying this point was located. It is our desire to continue to use this original point as the
location which we establish our freeboard.
Issue 5
We have submitted an amended NDMR for June, 2010.
Issue 6
On October 7, 2010 a sludge survey was performed in the lagoon at 121 randomly selected sites within
the lagoon. Sludge depth measured from eight (8) inches to three (3) feet and the freeboard level at
that time was four feet, four inches.
Because we want to be judicious with our time and yours, we will certainly make ourselves available to
discuss any of this with you further.
Sincerely:
/Ci g aux;
Brooks Barwick
Project Manager
33 West Bay Ridge Road - Harrells, North Carolina 28444 - 910.588.4432

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LAKE CREEK CORPORATION
ATTN: D. STEPHEN JONES
33 BAY RIDGE RD.
HARRELLS, NC 28444
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DWQ-AP SECTION E 1! D
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FAYETTEVII,LE NC 28301-5043
DENR-FAYETTEVILLE REGIONAL OFFICE

ATA
NCDENR
North Carolina, Department of Environment and Natural (Resources
Division of Water Quality
Beverly Eaves Perdue
Governor Director
September 27,2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
D. Stephen Jones
Lake Creek Corporation
33 West Bay, Ridge Road.
Harrells, NC 28444
Re: Notice of Violation
NOV-2010-PC-00937
Lake Creek Corporation
Permit No. WQ0018708
Bladen County
Dear Mr. Jones:
Coleen H. Sullins 1;
Dee Freeman
Secretary
1
We appreciate the meeting you set up between yourself, Brooks Barwick, Bill Stafford, Jim, Barber, Tony Honeycutt, and
myself. NCDWQ requires a written response from Lake Creek Corporation to NOV-2010-PC-00937 and the information
requested in the NOV. This information is to be provided by October 15, 2010. The respond should address the
NOV violation of spray irrigating into a buffer zone, waste application equipment calibration, detailed flow meter
Calibration, lagoon freeboard marker, that amended June 2010 NDMR, and a response'to the lagoon survey.
If you have any further questions please contact me at [phone].
Sincerely,
.„,-1
Joel S. Shields
Environmental Specialist
North Carolina Division of Water Quality/Aquifer Protection
225 Green Street
Fayetteville, NC 28301
AQUIFER PROTECTION SECTION -
225 Green St., Ste. 714
Fayetteville, North Carolina 28301
Phone: [phone] FAX : [phone]\ Customer Service: 1-877-623-6748
Internet: www.h20.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer
e
Nor thCarolina
aturalll

_ Lake Creek Corporation, d.b.a.
Bay Tree Utility Company
33 West Bay Ridge Road
Harrells, North Carolina 28444
[phone]
September 15, 2010
Mt. Joel Shields'
Aquifer Protection Section
225 Green St., Ste 714
Fayetteville, NC 28301
Re: NOV-2010-PC-00937
Permit No. WQ0018708
Bladen County
Dear Mr. Shields:
RECEIVED
SEP 16 2010
DENR-FAYETTEVILLE REGIONAL OFFICE
We respond to your letter dated 9-2-10 which referred to the above referenced NOV accordingly:
We look forward to your scheduled visit to our office in Bay Tree Lakes on Wednesday, September 22,
2010. Hopefully, we can both come to an understanding what we need, to, do to assure that we are in
compliance with our permit.
Sincerely:
fc..v R
Brooks Barwick .
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1. Article Addressed to:
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/LAKE CREEK CORPORATION
ATTN: D. STEPHEN JONES
33 WEST BAY, RIDGE RD.
HARRELLS, NC 28444
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ATTN: JOEL SHIELDS RECEIVED
225 GREEN ST, SUITE 714 !!
FAYETTEVILLE NC 2830_1.-5043 SEP 0 7 2010
DENR-FAYETTEVILLE REGIONAL OFFlCE
1i3il11lEIE3EfililE3cEliijjl3i:Jh fl �IWJU llj13 Wj53iiE3Ei

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North Carolina Department of Environment and -Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 2, 2010
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RETURN RECEIPT REQUESTED
D. Stephen Jones
Lake Creek Corporation
33 West Bay, Ridge Road
Harrells, NC 28444
Re: Lake Creek Corporation's Questions Regarding
NOV-2010-PC-00937
Lake Creek Corporation
Permit No. WQ0018708
Bladen County
Dear Mr. Jones:
The Fayetteville Regional office Division of Water Quality Aquifer Protection section received Lake Creek Corporation response to
NOV-2010-PC-00937 dated August 16, 2010 on August 27, 2010. Lake Creek response did not meet the required response requested
in NOV-2010-PC-00937 regarding the following items:
1. The primary crop for Lake Creek Corporation (LCC) spray irrigation field is bermuda hay. The permitted acreage at the LCC
spray irrigation field is 5.08 acres. On the day in question, it was observed that wastewater was being spray irrigated into
areas that were not planted with bermuda and appeared to be a un-cleared buffer, area. If this area is to be utilized within the
permitted 5.08 acre spray irrigation field, then trees/under-brush/vines etc. need to be removed and planted with the
appropriate crop of bermuda grass. A determination needs to be made. as to the availability of this suspect area relative to the
approved plans and the existing groundwater monitoring system. If LCC wishes' to utilize the area in question, please notify
the Division as to its intent, prior to initiating clearing activities. I have enclosed two (2) pictures of the several taken of the
spray irrigation heads Tony Honeycutt and I observed August 4, 2010.
2. Lake Creek Corporation stated in their reply letter to NOV-2010-PC-00937 that t1 eyhad understood that Lake Creek
Corporation had two (2) years from the date of permit WQ-18708 dated February 3, 2009 to calibrate all waste application
equipment. This is incorrect. Lake Creek Corporation was required in their Decemeber 12; 2007 to have all waste
application equipment calibrated every year. Beginning in the July 8, 2008 the permit requirment were changed to every two
(2) years to calibrate all waste application equipment. Please submit Lake Creek Corporation's waste application
equipment calibration records.
AQUIFER PROTECTION SECTION
225 Green St, Ste. 714
Fayetteville, North Carolina 28301
Phone: [phone] FAX : [phone] Customer Service: 1-877-623-6748
Internet www.h20.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally

D. Stephen Jones
Page 2
September 2, 2010
NOV-2010-PC-00937 requested that all of the permit requirements under OPERATION AND MAINTENANCE
IIII (6). Lake Creek Corporation provided the make, model, serial number, and manufacturer's calibration
guide, as well as, the name, phone number and employer where he was employed. What was not included was
the detailed guideline of how Mr. White calibrated the flow meter and the percent of true flow with a
maximum deviation of less than 10% from true flow as requested.
4. Permit WQ0018708 issued December 17, 2007 under the Maintenance and Operations Requirements III (14) and
each permit modified or renewed with this permit number states that the waste -level gauges to monitor waste
levels in the storage lagoon and daily holding basin shall be provided. The gauges shall ready 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 elevations.
Caution -must be taken not to damage the integrity of the liners when installing gauges. Please provide the
elevations Lake Creek Corporation has to meet this permit requirement. If Lake Creek Corporation can
demonstrate an accepted practice other than having the lagoon professionally surveyed to find the dam
elevations, the dam elevations lowest point and how that elevation was transferred to the waste -level gauge
and the waste -level gauge reflect 2' below the lowest point on the dam NCDWQ/AP would be willing to
review and discuss this procedure.
5. Please see the enclosed copy of the NDMR for June 2010. After reviewing the June 2010 NDMR the monthly
flow into the system was added incorrectly. The day of June 30, 2010 58,000 gallons of wastewater was reported
on the NDMR. This 58,000 gallons was not added to the monthly total amount to be averaged for the month.
Instead of the monthly average being 19,993 the actual monthly flow average was 21,260 which exceeds Lake
Creek Corporations permitted monthly average of 20,000 gallons per day. Please explain this discrepancy.
6. Since Lake Creek Corporation no longer uses a sludge holding pond and the expansion was suppose to include a
5,000 gallon sludge holding tank; where or how is solids being managed at this facility? If the solids are going to
the 30-day storage lagoon, then how much sludge is in the current storage lagoon. Based on your permit the
lagoon is used for storage of treated wastewater prior to irrigation therefore to gauge the solids and the amount of
"actual" freeboard in Lake Creek Corporation's storage lagoon a sludge survey must be completed as part of
permit maintenance.
If you have any further questions or need any further clarification please call me at [phone]. The North Carolina
Division of Water Quality will expect your response to the above referenced items by September 17, 2010.
Sincerely,
Joel S. Shields
Environmental Specialist
NCDWQ/AP/FRO
cc: APS Central Office File
cAP-S=FRO File=w

Lake Creek Corporation, d.b.a.
Bay Tree Utility Company.
33 West Bay Ridge Road
Harrells, North Carolina 28444
[phone]
August 24, 2010
Mr. Stephen Barnhardt, L.G.
Aquifer Protection Section
225 Green St., Ste 714
Fayetteville, NC 28301
Re: NOV-2010-PC-00937
Permit No. WQ0018708
Bidden County
Dear Mr. Barnhardt:
1.
RECEIVED
AUG ,2 7 2010
DENR-FAYETTEVILLE REGIONAL OFFICE
We respond to your letter dated August 16, 2010 and Joel Shields letter dated August 12, 2010
accordingly:.
Violation 1: Performance Standard
We are unaware of any inspection by Joel Shields and Tony Honeycutt on August 4, 2010. According
to our records their inspection was on July 20, 2010. On August 4, 2010 our records indicate we were
spraying on Zone 3.
On the referenced NOV they state, "...observed row 1 of the Lake Creek Corporation spray irrigation
fields spray irrigating into the buffer zones." It should be noted that the spray radius in Zone 5 on our
approved plans extends into the wooded area. It also should be noted that our approved plans show the
accepted spray area crossing into the buffer zone. However, we are unsure if Mr. Shields and Mr.
Honeycutt are aware of our method of labeling and identifying zones. ; In other words, we don't know
Where "row 1" is. Therefore we are unsure of the exact location that they observed.
We are aware of 3 spray heads in our Zone 5 that may not have been spraying due to a malfunctioning
valve. We will repair or replace this valve within the next 30 days.
We respond to the numbered items accordingly:
1. See Above
2. See Above
3. It is our understandingthat.we have two (2) years from the date of the permit, February 3, 2009
to complete this requireifeht.: Please let us know if this is not the case.
4. The make is a Stevens, model is 61R, serial number is 156861-96-AQ and the Calibration
Instructions are enclosed.
5. The flow meter was last calibrated on April 8, 2010 by Joe White at J&J White. His number is
[phone].

6. The lowest point of the retaining wall of the lagoon is located in the southeastern corner of the
lagoon nearest the flow meter. The elevation at this point is what we used to set the freeboard
marker. The numbers on the freeboard marker identify the remaining freeboard available before
a spill could possibly occur.
7. We are unaware of the requirement to have a "facultative lagoon sludge survey" performed.
Please provide us with the documentation which specifies this requirement and we will have the
survey performed and make every effort to comply.
In Mr. Shields Inspection Summary he stated, "...the June 2010 NDMR was not filled out completely
leaving off the influent flow into the system which caused a miscalculation of the monthly influent flow
into the lagoon facultative lagoon (sic)." Enclosed you will find a copy of the June 2010 NDMR which
was sent to you and appears to be filed out completely. If you have a report different from the enclosed
copy, please provide us with a copy and we will be happy to correct the NDMR.
Sincerely:
gt,4
Brooks Barwick
cc: Joel Shields
Bill Stafford

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1. Article Addressed to:
LAKE CREEK CORPORATION
ATTN: D. STEPHEN JONES
33 WEST BAY RIDGE RD.
HARRELLS, NC 28444
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NC DEPT OF ENVIRONMENT & NiFEQUIEPES
DWQ-AP SECTION ,,
ATTN: ART BARNHAkDTAUG 2 4 2510
225 GREEN ST, SUITE 714
FAYETTEVILLE NC 28301,-5 0.4. Vite -FAYETTEVILLE REGIONAL OFFICE

12"-
North Carolina
Beverly Eaves Perdue
Governor
August 16, 2010
CERTIFIED MAIL
RETURN RECEIPTREQ UESTED
D. Stephen Jones
Lake Creek Corporation
33 West Bay, Ridge Road
Harrells, NC 28444
Re: Notice of Violation
NOV-2010-PC-00937
Lake Creek Corporation
Permit No. WQ0018708
Bladen County
Dear Mr. Jones:
NCDENR
Department of Environment and Natural; Resources -
Division of Water Quality
Coleen H. Sullins . Dee Freeman
Director Secretary
You are hereby notified that, having been issued a permit for wastewater disposal for' the subject facility, documentation
of violation of your permit conditions was provided to the Division of Water Quality.
Violation 1: Performance Standards II. (1)
On August 4, 2010 Joel S. Shields and Tony Honeycutt from the North Carolina Division of Water Quality (NC DWQ)
observed row 1 of the Lake Creek Corporation spray irrigation fields spray irrigating into the buffer zones.
Required Corrective action for Violation I:
If you have not already done so, immediately take measures to repair all spray irrigation heads'that are malfunctioning.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before September 10, 2010:
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301
Phone: [phone] FAX : [phone] Customer Service: 1-877-623-6748
Internet: www.h20.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer
One ll
NorthCarolma
�atura ll

Stephen Jones
Page 2
August 16, 2010
1. Please respond with an explanation as to how each of this violation occurred.
2. Please include a list of the steps that will be taken to prevent this violation from occurring in the
future.
3. Please include under permit # WQ0018708 Section III (6) OPERATION AND MAINTENANCE
the required waste application equipment documentation of calibration, date of calibration and method
used to calibrate spray irrigation equipment.
4. Please include the make, model, and serial number of the current flow meter Lake Creek Corporation is
utilizing to measure flow into the facultative lagoon, as well as, the current flow meter manufacturer's
instructions/handbook outlining the proper method of calibration within permit required guidelines of a
deviation of less than 10 percent.
5. Please provide the date the current flow meter was last calibrated, the name and contact information number of
the person who calibrated the flow meter, name and company whom they represent, and the detailed method this
person utilized to meet the achieve the less than 10 percent deviation Lake Creek Corporation permit requires.
6. Please include the benchmarks (lowest point of the lagoon) utilized to set the facultative 2 ` freeboard
marker and what the current numbers on the freeboard marker represent.
7. Please include a copy of the most recent facultative lagoon sludge survey.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this
violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil
penalty of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Joel S. Shields (910-433-3332) or
myself at (910- 433-3336).
Sincerel
Stephen B.-rthardt, L.G.
Regional A s Infer Protection Supervisor
cc: APS Central Office File
CAPS=F-RO=Filer