WQ0018708_NOV-2008-PC-0081_20080215

'Brooks Barwick
:Development Manager
®,® Lake Bay East '
bay Iree
LAKES
I: T
Bay Tree Lakes
,33 West Bay Ridge Road
Harrells, North Carolina 28444
Telephone: [phone]
Toll Free: 1-800-801-4096
FAX: [phone]
CeII: 910-214-9929
Email: [e-mail]

Michael F. Easley, Governor
William'G. gos's• r, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
September 22, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Steve Jones
Lake Creek Corporation
1000 Bay Ridge Rd
Harrells NC 28444
Subject: Notice of Violation/Notice of Intent
NOV-2008-PC-0081
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;
documentation of violation of your permit conditions was provided to the Division of Water Quality.
Violation I: Failure to comply with Monitoring and Reporting requireements III (3).
Lake Creek Corporation's influent flow meter either malfunctioned or was out of service for repair 11'pf
the 12 reporting months in 2007 according to submitted NDMR's. Permit #WQ0018708 states in section
III (3) of the Monitoring and Reporting requirements that the system shall be continuously monitored and
daily flows reported on form. NDMR.
During the July 2007 compliance facility inspection Joel S. Shields instructed Bill Stafford that he would
need to get the influent flow meter fully functional within the -next two months
Violation III: Exceeding the 40,000influent GPD into the wastewater treatment as specified in permit
#WQ0018708.
During a 52-week period from January 01 to December 31, 2001, Lake Creek Corporation exceeded their';
permitted 40,000 GPD influent into the wastewater treatment system twelve (12) times.
•
•
North Carolina DWQ/Aquifer Protection Section 225 Green. St./ Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.state.nc.us Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally

Y .
Page 2
Steve Jones
September 22, 2008
Required Corrective action for Violation I:
If you have not already done so, immediately take adequate measures to provide consistent means of
monitoring your influent flow into your treatment facility. Take all necessary steps to make sure this
violation does not reoccur.
Required Corrective action for Violation II:
If you have not already done so, immediately take adequate measures to prevent influent flow into your
treatment system from exceeding you 40,000 GPD permitted limit. Take all necessary steps to make sure
this violation does not reoccur.
The Division of Water Quality requests that in addition to the specified corrective action above, please
submit the following items on or before October 22, 2008:
•
1. Please respond with an explanation as to how these violations occurred.
2. Please include a list of the steps that will be taken to prevent these violations from occurring in the
future including source reduction steps and flow meter repair or purchase.
Please be advised that this office is recommending assessment of civil penalties. The Director of the
Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per
violation. All information submitted and actions taken by Lake Creek Corporation will be considered
with the assessment phase of this case.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statue or permitting requirement.
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).
Sincerely,
Seigt6a2--
Stephen Barnhardt, L.G.
Regional Aquifer Protection Supervisor
cc: APS Central Office File
APS FRO File

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'S Form 3800, January 2001 (Reverse) 102595-01-M-104

UNITED STATES PosT L, IE vi E
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NC DEPT OF ENVIRONMENT & NATURAL RESOURCES
DWQ-AP SECTION
ATTN: ART BARNHARDT
225-GREEN-ST,_SUITE 714
-FAYETTEVILLE NC 28301=5043
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SENDE'R;,,C0AilPLETE §IECTION1'
NI, 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:
LAKE CREEK CORPORATION
ATTN: STEVE JONES
1000 BAY RIDGE RD.
HARRELLS, NC 28444
COMPLETE THIS SECTIOlks ON DELIVERY
/11
B. Relived by (Printed Nam-7
' .1sE11C-- S
• 0 Agent
Addresser
C.-Date of Deliver
D. Is delivery address different from item 1? CI Yes
If YES, enter delivery address below: 0 No
3. Service Type
El Certified Mall
El Registered
El Insured Mail
El Express Mall
0 Return Receipt for Merchandise
0 C.O.D.
4. Restricted Delivery? (Extra Fee)
CI Yes
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department "of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
October 16, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Steve Jones
Lake Creek Corporation
1000 Bay Ridge Rd
Harrells NC 28444
Subject: Notice of Violation/Notice of Intent
NOV-2008-PC-0081
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,
documentation of violation of your permit conditions was provided to the Division of Water Quality.
Violation I: Failure to comply with Monitoring and Reporting requirements III (3).
Lake Creek. Corporation's influent flow meter either malfunctioned or was out of service for repair 11 of
the 12 reporting months in 2007 according to submitted NDMR's.. Permit #WQ0018708 states in section
_ III (3) of the Monitoring and Reporting requirements that the system shall be continuously monitored and
daily flows reported on form NDMR.
During the July 2007, compliance facility inspection Joel S. Shields instructed Bill Stafford that he would
need to get the influent flow meter fully functional within the next two months
Violation III: Exceeding the 40,000influent GPD, into the wastewater treatment as specified in permit
#WQ0018708.
During.a 52-week period from January 01 to December 31, 2001, Lake Creek Corporation exceeded their
permitted 40,000 GPD influent into the wastewater treatment system twelve (12) times:
North Carolina DWQ/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 . Phone [phone]
FAX [phone] Internet: h2o.enr.state.nc.as . Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
No Carolina
Naaturally

Lake Creek Corporation, d.b.'a.
Bay Tree Utility Company,
33 West Bay Ridge Road,
Harrells, North Carolina 28444
[phone]
October 15, 2008
Mr. Stephen Barnhardt
NC DWQ / Aquifer Protection Section
_225 Green St. Suite 714
Fayetteville, NC 28301
Re: NOV-2008-PC-0081
Dear Mr. Barnhardt
RECE VEP
OCT 1,t.200
DENR-FAYE11EVILLE REGIONALOFRCE
The above referenced NOV is a copy of a previously issued NOV in January, 2008. That NOV was
discussed and settled in a meeting with DWQ personnel in the Fayetteville;'Regional office in February,
2008.
We experienced various problems with our flow meter from 2007 to the early part of 2008. They included
lightening strikes, electrical problems, difficulty in acquiring replacement parts, vandalism, and the weir
elevation being too low. These problems have been corrected and we are now getting accurate readings.
However, with poor flow equalization, accurate manual measurements are';nearly impossible.
We discussed this issue in detail at our February, 2008 meeting in Fayetteville and we were advised that we
should not spend the money to modify and improve, the existing flow meter until we proceeded with our
pending plant expansion. Engineering Services has been engaged to design our new plant and we have been
informed that the plans are 90% complete and should be submitted soon.
All other issues associated with the above referenced NOV have been addressed in the Inspection Summary
in the recent Compliance Evaluation Inspection dated September 8, 2008.
If there is any other information needed please advise.
Brooks Barwick

Lake Creek Corporation, dba
Bay Tree Utility Company
33 West Bay Ridge Road
Harrells, North Carolina 28444
[phone]
February 15, 2008
Steven Barnhardt
Aquifer Protection Section/DWQ
225 Green St. / Suite 714
Fayetteville, NC 28301
RE: NOV 2008-PC-0081
Dear Mr. Barnhardt:
Concerning the NOV dated February 4, 2008 please be advised of the following:
RECEIVED
FE819(2
DENR - FAYETIEV►LLE REGIONAL ORRCE
1.1';
Violation 1:
We have experienced flow meter problems for some time. It has been repaired numerous times and
replacement parts are difficult to find due to the older technology. 1 A new flow meter was purchased
and installed when we began having trouble finding replacement parts. However, due to the
inconsistent flow from our treatment plant we have been unable to, properly calibrate it. Therefore, we
have continued to rely on the older flow meter for monitoring and reporting. A new flow meter will -
be purchased and installed when the funds are available.
Violation 2:
We have been addressing our inflow and infiltration problems for several years. We have also had
nearly continuous upgrades to our underground utilities in our subdivision that resulted in many
breaches in our sewer lines. As we identify the locations of the I & I we take immediate steps to repair
the problems. We have utilized smoke testing as well as a crawler] camera to help us locate the
problem areas. However, due to the many hammer taps in our older lines the crawler camera was only
marginally successful in identifying the leaks.
We also have experienced problems with our flow meter recording device getting stuck in the
maximum flow rate position. This problem will be remedied with ,the purchase of the new flow meter.
Please call if there are any questions or concerns.
Sincerely:
y
Brooks B.
Bill Stafford

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(Domestic Mail Only; No Insurance Coverage Provided)
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Total Postage & Fees
$ .57 z 1
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Sen To. �
Street, Apt. No.;
or PO Box No. J J�Q �_
City, State, 4.tateIIS C. zr44
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',ertified Mail Provides:
• A mailing receipt 4. '
A unique identifier for your mailpiece
A signature upon delivery
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 mall.
NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo
valuables, please consider Insured or Registered Mail.
• 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 Returr
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece 'Return Receipt Requested". To receive a fee waiver fo
a duplicate return receipt, a USPS postmark on your Certified Mail receipt i;
required.
For an additional fee, delivery may be restricted to the addressee o
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
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 Mai
receipt is not needed, detach and affix label with postage and mail.
MPORTANT: Save this receipt, and present it when making an inquiry.'
3S Form 3800, January 2001 (Reverse) . 102595-01-M-1041

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• Sender: Please print your name, address, and ZIP+4 in this box •
NC DEPT OF ENVIRONMENT & NATURAL RESOURCES
DWQ-AP SECTION
ATTN: ART BARNHARDT , R r r V=TA T
225 GREEN ST, SUITE 714
FAYETTEVILLE NC 28301-5043 FEb 0 7 2008
-OENB-FAVEITEVILLE REGIONAL OFFICE
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L P�r`���s Mail ii
No. G-10

• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
SU Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back ofthe mailplece,
or on the front if space permits:
1. Article Addressed to:
LAKE CREEK CORPORATION
ATTN: STEVE JONES
1000 BAY RIDGE RD.
HARRELLS, NC 28444
COMPLETE THIS SECTION ON DELIVERY
A. Si. - ure
X
OF
B. Received by (Punted Name)
'Agent
❑ Addresser
C. Date of Deliv
2-6—®
D. Is delivery address different from item 1? ❑ Yes
-If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mall
❑ Registered
❑ Insured Mail
❑ Express Mail
❑ Retum Receipt for Merchandise
❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
d1rJa-Nllmhar _
70(31 i25;10.1A006A
PS Form 38i 1. February 2004
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
• Division of Water Quality.
February 4, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Steve Jones
Lake Creek Corporation • .
1000 Bay Ridge Rd
Harrells, NC 28444
Subject: Notice of Violation/Notice of Intent
NOV-2008-PC-0081
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,
documentation of violations of your permit conditions have been -identified by the Division of Water
Quality.
Violation I: Failure to comply with Monitoring and Reporting requirements section III (3) of
Permit No. WQ0018708.
Lake Creek Corporation's infl-uent flow meter either -malfunctioned or was out of service for repair 11 of
the 12 reporting months in 2007 according to submitted NDMR's. Permit No.WQ0018708 states in
section III (3) of the Monitoring and Reporting requirements that the system shall be continuously
monitored and daily flows reported on form NDMR.
During the July 2007 compliance facility•inspection Joel S. Shields instructed Bill Stafford that he would
need to get the influent flow meter fully functional within the"next two months
Violation II: Exceeding the 40,000 influent GPD into the wastewater treatment as specified in
Permit No.WQ0018708. 1
During a 52-week period from January 1, 2007 to December 31, 2007 Lake Creek Corporation exceeded
their permitted 40,000 GPD influent limit into the wastewater treatment system twelve (12) times.
North Carolina DWQ/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301• Phone [phone]
FAX [phone] Internet: h2o.enr.state.nc.us Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally

Page 2
Steve Jones
February 4, 2008
Required .Corrective action for Violation I:
If you have not already done so, immediately take adequate measures to provide consistent means of
monitoring your influent flow into your treatment facility. Take all necessary steps to make sure this
violation does not reoccur.
Required Corrective action for Violation II:
If you have not already done so, immediately take adequate measures'to prevent influent flow into your
treatment system from exceeding your current 40,000 GPD permitted limit. Take all necessary steps to
make sure this violation does not reoccur.
The Division of Water Quality requests that in addition to the specified corrective actions above please
submit the following items on or before February 18, 2008:
1. Please respond with an explanation as to how these violations occurred.
2. Please include a list of the steps that will be taken to prevent these violations from occurring in the
future including source reduction steps and flow meter repair or purchase.
Please be advised that this office intends to recommend assessment of civil penalties. The Director of the
Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per
violation. All information submitted and actions taken by Lake Creek Corporation will be considered
with the assessment phase of this case.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statue or permitting requirement.
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).
Sincerely,
Stephen rnhardt, L.G.
Regional Aquifer Protection Supervisor
cc: APS Central Office File