WQ0018708_NOV-NOI for Baytree--8-2023_20240729

Certified Mail # 7020 1810 0002 1109 3883
Return Receipt Requested

July 29, 2024

Redbird Land Company LLC
ATTN: Kevin Sink, Receiver
3600 Glenwood Avenue, Suite 210
Raleigh, NC 27612

SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2024-LV-0607
Permit No. WQ0018708
Baytree Lakes WWTP
Bladen County

Dear Permittee:

A review of the August 2023 Non-Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:

Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation _________________________________________________________________________________________________________________________________________________________________________
001 Flow, in conduit or thru 8/31/2023 20,000 27,503.19 Monthly Average Exceeded
treatment plant (50050) _________________________________________________________________________________________________________________________________________________________________________
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility’s Non-discharge Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.

Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.

If you have any questions concerning this matter or to apply for an SOC, please contact Erica Fenza of the
Fayetteville Regional Office at 910-433-3300.

Sincerely,

Mark Brantley, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ

Cc: WQS Fayetteville Regional Office - Laserfiche File
Jack Carlisle, Redbird Land Company LLC
Mike Myers, EnviroLink