NC0036404_Inspection_20030822

December 10, 2003
Memo to: Paul Rawls
From: Don Register
Re: Bay Tree Homeowner's Assoc.
Case No: Lvo2-449
NPDES Permit No. NC0036404
At your request, Hughie White and myself visited Bay Tree Lakes on December 9, 2003
and met with the owner, Stephen Jones and the wastewater treatment facility ORC, .
Oliver Worthington. The purpose of the visit was to check the eight plus items listed in
the August 22, 2003 Notice of Violation from the previous Compliance Evaluation
Inspection that was conducted July 25, 2003 to see if they had been ,corrected.
All of the listed non -compliant items of the Notice Of Violation had been corrected with
the exception of the following:
(1) Compliance with the NPDES permit has not,been met fer the past six months of
this year. Technical Assistance was requested and a site visit occurred -
November 4, 2003. Barley straw had already been added to the polishing pond
to control the algae growth and when observed December 1'0, 2003, this appears
to have been very effective, and therefore compliance should resume for the
month of December. The new operators appear conscientious, but compliance
with the strict permit limits may be very hard to meet with the existing treatment
plant, therefore the proposed installation of a non-discliarge spray irrigation
system should receive priority attention.
(2) The collection system deficiencies have not been corrected'. The gasoline -
powered pumps have been replaced with electric pumps, but the electric power
supply has not been installed. (while Iwas on site one Of the electric suppliers
was working to provide service) A gasoline -powered generator is being used in
the interim to operate the pumps.
L
(3)
The main pump station only has one pump that is operational with no back-up
pump available. Not any of the pump stations have the'required audible visual
alarm systems installed and this task is waiting upon the Gorman Rupp
serviceman. According to Stephen Jones, the owner, the main pump station
repair cannot be accomplished until a particular pump part'is received, but he
could not give me an approximate date the part is expected.

ORS
liw-''
MARLAND C. REID (1934 -1998)
RICHARD M. LEWIS, JR.
RENNY W. DEESE
JAMES R. NANCE, JR.
REBECCA F. PERSON
GINGER CROSBY ZURAVEL
J. K IRKMAN NANCE
HEATHER D. MILLER NICHOLS
REID, LEWIS, DEESE, NANCE & PERSON, L:L.R
ATTORNEYS AT LAW
POST OFFICE DRAWER 1358
FAYETTEVILLE, NORTH CAROLINA 28302
www.rldnp.com
Paul Rawls
NCDENR
Water Quality Regional Supervisor
Fayetteville Region
225 Green Street, Suite 714
Fayetteville, NC 28301
November 21, 2003
Re: Bay Tree Homeowner's Assoc.
Case No.: LV 02-449
NPDES Permit No. NC 0036404
Dear Mr. Rawls:
7fi0q
330 DICK STREET
FAYETTEVILLE, NC 28301
[phone] [phone]
FAX [phone]
LITIGATION / FAMILY LAW
FAX [phone]
REAL ESTATE / ESTATES
COLLECTIONS DEPARTMENT
POST OFFICE DRAWER 750
FAYETTEVILLE, NC 28302
FAX [phone]
When I last checked with your office, a new citation and notice of violation had been: issued
on August 22, 2003. Mr. Jones had been given until October 31, 2003, to resolve these problems.
Please advise the status of this matter and whether ornot Mr. Jones has complied. I appreciate your
cooperation and look forward to hearing from you in this regard.
James R. Nance, Jr.
JRNjr/jls
cc: Baytree Homeowner's Association
Barney Smyth, President
�4Nv,
let -

Bay Tree Lakes-Bladen County-NC0036404
Subject: Bay Tree Lakes-Bladen County-NC0036404
Date: Tue, 04 Nov 2003 10:48:36 -0500
From: Belinda Henson <[e-mail]>
To: paul rawls <[e-mail]>
CC: don register <[e-mail]>, hughie white <hughie',[e-mail]>
Paul,
I talked with Vanessa Manuel yesterday concerning July and August 2003
DMRs that have not beenreceived from Bay Tree. She said the NOV for
this would come from their office. Don is visiting with Bill Stafford
today concerning Bay Tree and he will touch base with him concerning
these DMRs also..
Belinda
of 1 11/4/2603 10:48 AM

LAKE CREEK CORPORATION
33 West Bay Ridge Rd
Harrells, NC 28444
October 28, 2003
Mr. Paul E. Rawls
Water Regional Quality Supervisor
North Carolina DENR
115 Green Street Suite 714
Fayetteville, NC 28301-5043
SUBJECT: Bay Tree Lakes Wastewater Treatment Facility
Follow-up. on Reply to Notice of Violations
Dear Mr. Rawls:
TiMv " .
In further response. to your Notice of -Violations letter to me dated August
22, 2003, the following actions have been taken.
Oliver Worthington and Bill Stafford residents of White Lake both of whom
have level two (2) credentials; have agreed to take over our water treatment
facility responsibility, beginning November 1, 2003. Mr. Worthington will be
Operator in Charge and Mr. Stafford will serve as his Back-up, as well as water
system operator. Mr. Stafford, is currently operator in charge for White Lake.
B. W. Allen Company has calibrated the wastewater treatment plant flow
meter. The flow is being read and recorded frequently. t
The main sewage pump system was purchased from Emory Wilson
Company in 1972, which serviced the pumps and controls about :ten years. ago.
David Burrows, the company's service manager, will dispatch a service person
on November 6, 2003.

He will bring both pumps to top operating conditions and will make all
needed repairs to the control system. High water audible and visible alarms
will be installed.
All pumps and mechanisms to electrify the two (2) small pump stations will
be provided by USA Bluebook and will be installed by Mr.; Worthington, Mr.
Stafford and.two Clinton Public Works employees' who frequently moonlite
with us. High water audible and visual alarms will be included.
d Daily visitation logs of the pump stations are being kept° by Mr,
Worthington.
We will keep you informe
Sincerely,
Lake Creek Corporation
By:
D. Stephen Jones, `'resident.

LAKE CREEK. CORPORATION
33 West Bay Ridge Rd
Harrells, NC 28444
September 23, 2003
Mr. Paul E. Rawls
Water Regional Quality Supervisor
North Carolina DENR
115 Green Street Suite 714
Fayetteville, NC 28301-5043
SUBJECT: Bay Tree Lakes Wastewater Treatment Facility
Reply to Notice of Violations
Dear Mr. Rawls:
Following are what we have done and plan to do to implement the
requirements set out in your letter to me dated August 22, 2003, all for the
purpose of eliminating:future violations.
Wayne Vann has agreed to collect all required wastewater samples for
testing, including field analyses. He will provide all ins'trunents required and
will. maintain a log of his daily visits to the plant. If properly done, this should
comply with the requirements set out in paragraphs numberedl, 2, 3, 4, 5, 6,
and 7 of your letter.
We have asked B. W. Allen Company, (through whom we purchased the
Stevens flow meter) to calibrate the meter without delay. I spoke with Mike
Chrysler, who .installed the meter. He assured me he would do the job right
away,, probably before. theend of this month. .
The vegetation growing inside the chlorine chamber has been removed.

We believe funds required to go forward with the treatment plant
expansion will be available within the next 60 days, probably earlier. In the
meantime, I will speak with an engineer to explore the possibility that a
lagoon -spray field would be permitted, and practical for our; needs.
As I told you during our_telephone conversation yesterday, we have ordered
the pumps required to electrify the lift stations (2) and are.trying to identify the
person or company best qualified to make repairs to the main pump station.
We expect to complete all this work within the month of October 2003.
Please let me know if I have properly confronted and responded to the
concerns expressed in your Compliance Evaluation Inspection letter.
Sincerely,
_ t
Lake Creek C . rporation
By:
D. Stephen Jone•, Preside
P.S. We now have barley straw in the wastewater treatmI' ent pond.

REID, LEWIS, DEESE, NANCE & PERSON,
ATTORNEYS AT LAW
POST OFFICE DRAWER 1358
FAYETTEVILLE, NORTH CAROLINA 28302
www.rldnp.com
MARLAND C. REID (1934 -1998)
RICHARD M. LEWIS, JR.
RENNY W. DEESE
JAMES R. NANCE, JR.
REBECCA F. PERSON
GINGER L. CROSBY
J. KIRKMAN NANCE
Paul Rawls
NCDENR
Water Quality Regional Supervisor
Fayetteville Region
225 Green Street, Suite 714
Fayetteville, NC 28301
August 18, 2003 ,
Re: Bay Tree Homeowner's Assoc.
Dear Mr. Rawls:
J
330 DICK STREET
FAYETTEVILLE, NC 28301
[phone] [phone]
FAX [phone]
LITIGATION / FAMILY LAW
FAX [phone]
REAL ESTATE / ESTATES
COLLECTIONS DEPARTMENT
POST OFFICE DRAWER 750
FAYETTEVILLE, NC 28302
FAX [phone]
It is my understanding that NCDENR did have an inspection and meeting with Mr. Jones as
you indicated on July 25, 2003, at 10:00a.m. Representatives of the Homeowner's Association did
attend, although it appeared from the report I received that the representative was not anticipated
or expected to be there. I would appreciate a copy of the official finding and report from that
inspection. Thank you for your cooperation.
JRNjr/ash
cc: Baytree Homeowner's Association/ Barney Smyth, President;

ATA 1,
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
D. Stephen Jones
Lake Creek Corporation
33 West Bay Ridge Road
Harrells, NC 28444
William G. Ross, Jr.,. Secretary
Alan Klimek, P.E., Director
Division of Water Quality
August 22, 2003
SUBJECT: NOTICE OF VIOLATION
Compliance Evaluation Inspection
Bay Tree Lakes Wastewater Treatment Facility
NPDES Permit No. NC0036404
Bladen County
Dear Mr. Jones:
Enclosed is a copy of the Compliance Evaluation Inspection conducted on July
25, 2003. As part of the inspection, a tour of the Wastewater Treatment Plant was
conducted. All observations and recommendations are insSection D. (Summary of
Findings/Comments) of this inspection report. The following items addressed in this
report are listed as violations of the Administrative Code and of the NPDES Permit.
1. This facility does not have a pH meter or chlorine meter. These tests are currently
being performed using unapproved methods. These procedures are in violation of the
Administrative Code. Section 15A NCAC 2B .0505 (e) (4) Approved Methods of
Analysis, which states that:
"The methods used in collection, preservation, and analysis of samples shall
conform to the guidelines of the Environmental Protection Agency codified
as 40 CFR Part 136."
2. This facility does not have a "Field Parameter Certification." This is a certification
that is required for all permittees that perform and report field analyses, such as
dissolved oxygen, pH, residual chlorine, and temperature. Not being certified is in
violation of the Administrative Code Section 15A NCAC 02H .Q802 Scope, which
states that:
"These rules apply to laboratory facilities which perform and report analyses
for persons subject to G. S. 143-215.1, 143-215.63, et seq.; the Environmental
Management Commission Rules for Surface Water Monitoring and
Reporting found in Subchapter 2B of this Chapter, Section .0500.
Laboratory facilities performing and reporting analyses for field parameters
'Fayetteville Regional Office
225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone]/FAX: [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled 110%a Post Consumer Paper

only, shall be considered for certification as specified in Rule .0805(g) of this
Section."
3. This facility is not performing nor documenting the air calibration of the dissolved
oxygen meter for each day of use. Because this monitoring requirement is a field
parameter, this is in violation of the Administrative Code Section 15A NCAC 02H
.0805 (g) (2), which states that:
"A record of instrument calibration where applicable, must be filed in an
orderly manner as to be readily available for inspection upon request."
4. This facility is not documenting the frequency and times of operator visitation. This is
required to assure proper visitation frequency for the assigned classification. This is
in violation of the Administrative Code Section 15A NCAC 02B .0506 (c) (3), which
states that:
"A log demonstrating visitation at the proper frequency for the assigned
classification, including dates and times of visits, and documentation of
proper process control monitoring shall be maintained and shall be
submitted to the Division upon request. Copies of all information must be
readily available for inspection for a period of three years:"
5. The Operator in Responsible Charge has not been meeting the demands of the Permit,
which requires the operator of a Class II facility to visit the site at least daily. Not
meeting this requirement is in violation of the NPDES Permit Part Il, Section C. (1),
which states that:
"The ORC of the facility must visit each Class I facility at least weekly and
each Class II, Ill, and IV at least daily, excluding weekends and holidays,
and must properly manage and document daily operation and maintenance
of the facility and must comply with all other conditions of Title 15A NCAC
Chapter 8G .0202."
6. This facility has no process control equipment, such as a sludge judge to determine
the sludge blanket depth and a settling device to perform a settleability test. This is in
violation of the NPDES Permit Part II, Section C. (2), which states that:
"The permittee shall at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which are
installed or used by the permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures."
7. This facility has no process control monitoring log to document any process control

testing that may be performed. This is in violation of the Administrative Code
Section 15A NCAC 02B .0506 Section (c) (3), which states that::
"A log demonstrating visitation at the proper frequency for the assigned
classification, including dates and times of visits, and documentation of
proper process control monitoring shall be maintained, and shall be
submitted to the Division upon request. Copies of all information must be
readily available for inspection for a period of three years."
8. This facility has a non -working flow measurement device. According to the ORC,
the flow measurement device has not been working for approximately one year.
Also, the last documented flow measuring device calibration wasjperformed on
October 7, 1997. This is a definite violation of the Administrative Code Section 15A
NCAC 02B .0505 (b) (1), which states that:
"Flow measurement devices shall be accurately calibrated at a minimum of
once per year and maintained to ensure that the accuracy of the
measurements is consistent with the accepted capability of that type of
device. Records of flow measurement device calibration shall be kept on file
by the permittee for a period of at least three years."
Also, during the inspection, it was noted that vegetation Was growing inside of the
chlorine contact chamber. It is recommended that this vegetation be 'removed
immediately.
You are asked to immediately take steps to comply with the requirements listed in
the violations stated above. Please submit a response to this office no later than
September 25, 2003. The response should include the plans to implement the above
requirements to eliminate future violations.
You are directed for the next twelve (12) months, beginning with the July 2003
Discharge Monitoring Report (DMR), to forward a copy of the monthly DMR that is
mailed to the Central Office to the Fayetteville Regional Office. Along with the DMR, a
copy of the corresponding lab data from your commercial laboratory should also be
submitted to the regional office.
Further, during the meeting held in your office prior to the on -site inspection of
the wastewater collection and treatment system, you indicated that the spray irrigation
system for which you already hold the permit, will be constructed in the near future. We
continue to urge you to complete this project as.we feel that this is the most
environmentally appropriate waste treatment and disposal system for your project. Please
provide a detailed timeline for the completion of the land application project on or before
September 25, 2003.

Concerns about, the collection system need to be addressed, also. There are some
ongoing problems that were addressed to you by Mr. Ken Averitte, of this office, in a
letter. dated September 4, 2001. The inspection on July 25, 2003, :revealed that these
concerns are still current. There are a number of operation and maintenance
requirements that are not being performed. This office is requesting that a plan of action
be submitted addressing the removal of the gasoline pumps.
In addition, begin keeping a daily visitation log of pump station visitations and all
preventive maintenance and repair work that is conducted on the pump stations and
collection system. Further, you are asked to install or make operational audible and
visible high water alarms at all sewer pump stations by October 31, 2003 and provide by
that date, via certified mail, a statement that such equipment has been installed and is
operational.
If you have any questions regarding these issues, please call Mr. White at (910) 486-
1541.
Sincerely,
Paul E. " awls j
Water Quality Regional Supervisor
HW:PER/hw
cc: DWQ Central Files
Don Register, DWQ-FRO
Ken Averitte, DWQ-FRO
North Carolina Public Utilities Commission