HomeMy WebLinkAboutWQ0044228_Application (FTSE)_20230309• , A I � %� � � �� � � � Engineering and Surveying
v Mailing Address: P.O. Boy, 2852 (104 Jester Court)
Kill Devil Hills, North Carolina 27948
mrobinson@obxengineering.com
• Phone: 252-255-8026
MAR 0 9 2023
March 04, 2023
Water chat,
NCDENR, Division of Environmental Quality
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Re: 1503 South Virginia Dare Trail
Fast Track Application (FTA 04-16)
For Receiving Sewer Utility - I(DHWWTP, LLC
Wastewater Collection System Extension (Pump Station and Force Main)
Kill Devil Hills, Dare County, North Carolina
Dear Sir/Madame,
Enclosed please find FTA 04-16 and supporting data for a pump station and force main
addition to the KDHWWTP, LLC wastewater utility.
The following information is included with this submittal:
1. Fast Track application form completed and signed.
2. Project narrative with flow justification.
3. FTSE 04-16 signed.
4. Quad Sheet with project identified.
5. Current permit for receiving sewer (WQ0002829)
6. Reduced scale plans and details.
7. Application fee of $480.00.
Thank you for your assistance with this project.
If you have any questions please feel free to call me at 252-255-8026. I can also be
reached by email at mrobinsop@obxM&eeering cam.
Sincere ,
Michael )nP.E., P.L.S.
State of North Carolina
Department of Environmental Quality
AW4%M� Division of Water Resources
15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
DIVh1an of Water Resources INSTRUCTIONS FOR FORM: FTA 04-16 & SUPPORTING DOCUMENTATION
This application is for sewer extensions involving gravity sewers, pump stations and force mains, or any combination that has been
certified by a professional engineer and the applicant that the project meets the requirements of 15A NCAC 02T and the Division's
Minimum Design Criteria and that plans, specifications and supporting documents have been prepared in accordance with, 1§A
NCAC 02T 15A NCAC 02T .0300, Division policies and good engineerine practices.
While no upfront engineering design documents are required for submittal, in accordance with 15A NCAC 02T .0305(b), design
documents must be prepared prior to submittal of a fast track permit application to the Division. This would include plans, design
calculations, and project specifications referenced in 15A NCAC 02T .0305 and the applicable minimum design criteria. These
documents shall be available upon request by the Division.
Projects that are deemed permitted (do not require a permit from the Division) are explained in 15A NCAC 02T.0303.
Projects not eligible for review via the fast track process (must be submitted for full technical review):
➢ Projects that require an environmental assessment in accordance with 15A NCAC 1C .0100;
➢ Projects that do not meet any part of the minimum design criteria (MDC) document;
➢ Projects that involve a variance from the requirements of 15A NCAC 2T;
➢ Pressure sewer systems utilizing septic tank -effluent pumps (STEPs) or simplex grinder pumps;
➢ STEP or simplex grinder pumps connecting to pressurized systems (e.g. force mains);
➢ Vacuum sewer systems.
General — When submitting an application, please use the following instructions as a checklist in order to ensure all required
items are submitted. Adherence to these instructions and checking the provided boxes will help produce a quicker review time
and reduce the amount of requested additional information. Failure to submit all required items will necessitate additional
processing and review time, and may result in return of the application. Unless otherwise noted, the Applicant shall submit
one original and one copy of the application and supporting documentation.
A. One Original and One Copy of Application and Supporting Documents
® Required unless otherwise noted
B. Cover Letter (Required for All Application Packages):
® List all items included in the application package, as well as a brief description of the requested permitting action.
➢ Be specific as to the system type, number of homes served, flow allocation required, etc.
➢ If necessary for clarity, include attachments to the application form.
C. Application Fee (All New and Major Modification Application Packages):
® Submit a check or money order in the amount of $480.00 dated within 90 days of application submittal.
➢ Payable to North Carolina Department of Environmental Quality (NCDEQ)
D. Fast Track (Form: FTA 04-16) Application (Required for All Application Packages):
® Submit the completed and appropriately executed application.
➢ If necessary for clarity or due to space restrictions, attachments to the application may be made.
❑ If the Applicant Type in Item I.2 is a corporation or company, provide documentation it is registered for business with
the North Carolina Secretary of State.
❑ If the Applicant Type in Item 1.2 is a partnership or d/b/a, enclose a copy of the certificate filed with the Register of
Deeds in the county of business.
® The Project Name in Item II.1 shall be consistent with the project name on the flow acceptance letters, agreements, etc.
® The Professional Engineer's Certification on Page 5 of the application shall be signed, sealed and dated by a North
Carolina licensed Professional Engineer.
® The Applicant's Certification on Page 5 of the application shall be signed in accordance with 15A NCAC 02T .0106(b).
Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is
provided from a person who meets the criteria in 15A NCAC 02T .0106(b).
INSTRUCTIONS FOR FORM: FTA 04-16 & SUPPORTING DOCUMENTATION Pagel of 3
E. Flow Tracking/Acceptance Form (Form: FTSE 04-16) (If Applicable):
® Submit the completed and executed FTSE form from the owners of the downstream sewers and treatment facility.
➢ Multiple forms maybe required where the downstream sewer owner and wastewater treatment facility are different.
➢ The flow acceptance indicated in form FTSE must not expire prior to permit issuance and must be dated less than one
year prior to the application date.
➢ Submittal of this application and form FTSE indicates that owner has adequate capacity and will not violate G.S. 143-
215.67 a .
➢ Intergovernmental agreements or other contracts will not be accepted in lieu of a project -specific FTSE.
F. Site Maps (All Application Packages):
® Submit an 8.5-inch x 11-inch color copy of a USGS Topographic Map of sufficient scale to identify the entire project
area and closest surface waters.
➢ Location of the project (gravity sewer, pump stations & force main)
➢ Downstream connection points and permit number (if known) for the receiving sewer
® Include a street level map (aerial) showing general project area so that Division staff can easily locate it in the field.
G. Existing Permit (All Modification Packages):
® Submit the most recently issued existing permit.
❑ Provide a list of any items within the permit the Applicant would like the Division to address during the permit
modification (i.e., permit description, flow allocation, treatment facility, etc.).
H. Power Reliability Plan (Required if portable reliability option utilized for Pump Station):
® Per 15A NCAC 02T .0305(h)(1), submit documentation of power reliability for pumping stations.
➢ This alternative is only available for average daily flows less than 15,000 gallons per day
➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant and is
compatible with the station. The Division will accept a letter signed by the applicant (see 15A NCAC 02T .0106(b)) or
proposed contractor, stating that "the portable power generation unit or portable, independently -powered pumping
units, associated appurtenances and personnel are available for distribution and operation of this pump station."
➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump
stations' storage capacities and the rotation schedule of the portable power source or pump, including travel
timeframes, shall be provided in the case of a multiple station power outage. (Required at time of certification)
I. Certificate of Public Convenience and Necessity (All Application Packages for Privately -Owned Public Utilities):
® Per 15A NCAC 02T .0115(a 1) provide the Certificate of Public Convenience and Necessity from the North Carolina
Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by
the sewer extension, or
❑ Provide a letter from the North Carolina Utilities Commission's Water and Sewer Division Public Staff stating an
application for a franchise has been received and that the service area is contiguous to an existing franchised area or
that franchise approval is expected.
J. Operational Agreements (Applications from HOA/POA and Developers for lots to be sold):
❑ Home/Property Owners' Associations
❑ Per 15A NCAC 02T .0115(c), submit the properly executed Operational Agreement (FORM: HOA).
❑ Per 15A NCAC 02T .0115(c), submit a copy of the Articles of Incorporation, Declarations and By-laws.
❑ Developers of lots to be sold
❑ Per 15A NCAC 02T .0115(b), submit the properly executed Operational Agreement (FORM: DEV).
For more information, visit the Division's collection systems website
INSTRUCTIONS FOR FORM: FTA 04-16 & SUPPORTING DOCUMENTATION Page 2 of 3
THE COMPLETED APPLICATION PACKAGE INCLDING ALL SUPPORTING INFORMATION AND
MATERIALS, SHOULD BE SENT TO THE APPROPRIATE REGIONAL OFFICE:
REGIONAL OFFICE
ADDRESS
COUNTIES SERVED
Asheville Resalonal Office
2090 US Highway 70
Avery, Buncombe, Burke, CakJwell, Cherokee,
Water Quality Section
Swannanoa, North Carolina 28778
Clay, Graham, Haywood, Henderson, Jackson,
(828) 298-4500
Macon, Madison, McDowell, Mitchell, Polk,
(828) 299-7043 Fax
Rutherford, Swain, Transylvania, Yancey
Fayetteville Resalonal Office
225 Green Street Suite 714
Anson, Bladen, Cumberland, Hamett, Hoke,
Water Quality Section
Fayetteville, North Carolina 28301-5094
Montgomery, Moore, Robeson, Richmond,
(910) 433-3300
Sampson, Scotland
(910) 486-0707 Fax
Mooresville Regional Office
610 E. Center Avenue
Alexander, Cabamis, Catawba, Cleveland,
Water Quality Section
Mooresville, North Carolina 28115
Gaston, Iredell, Lincoln, Meddenburg, Rowan,
(704) 663-1699
Stanly, Union
(704) 663-6040 Fax
Raleloh Resalonal Office
1628 Mail Service Center
Chatham, Durham, Edgecombe, Franklin,
Water Quality Section
Raleigh, North Carolina 27699-1628
Granville, Halifax, Johnston, Lee, Nash,
(919) 791-4200
Northampton, Orange, Person, Vance, Wake,
(919) 788-7159 Fax
Warren, Wilson
Washington Resalonal Office
943 Washington Square Mall
Beaufort, Bertie, Camden, Chowan, Craven,
Water Quality Section
Washington, North Carolina 27889
Curritudk, Dare, Gabes, Greene, Hertford, Hyde,
(252) 946-6481
Jones, Lenoir, Martin, Pamlico, Pasquotank,
(252) 975-3716 Fax
Perquimans, Pitt, Tyrrell, Washington, Wayne
Wllminsaton Resalonal Office
127 Cardinal Drive Extension
Brunswick, Carteret, Columbus, Duplin, New
Water Quality Section
Wilmington, North Carolina 28405
Hanover, Onslow, Pander
(910) 796-7215
(910) 350-2004 Fax
Winston-Salem Reialonal Office
450 W. Hanes Mill Road
Alamance, Alleghany, Ashe, Caswell, Davidson,
Water Quality Section
Suite 300
Davie, Forsyth, Guilford, Rockingham, Randolph,
Winston-Salem, North Carolina 27105
Stokes, Sury, Watauga, Wilkes, Yadkin
(336) 776-9800
INSTRUCTIONS FOR FORM: FTA 04-16 & SUPPORTING DOCUMENTATION Page 3 of 3
State of North Carolina
Department of Environmental Quality
Division of Water Resources
i
�� y'"` 15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Dlybfon of Water Resoiuces FTA 04-16 & SUPPORTING DOCUMENTATION
Application Number.
(to be completed by DWR)
All items must be completed or the application will be returned
L APPLICANT INFORMATION:
1. Applicant's name: KDHWWTP, LLC (company, municipality, HOA, utility, etc.)
2. Applicant type: ❑ Individual ❑ Corporation ❑ General Partnership
❑ Federal ❑ State/County ❑ Municipal
3. Signature authority's name: George E. Goodrich per 15A NCAC 02T .0106(b)
Title: Managing Partner
4. Applicant's mailing address: P.O. Box 3629
City: Kill Devil Hills State: North Carolina Zip: 27948-
5. Applicant's contact information:
Phone number: 252 475- 874 Email Address: eddiegoodrich(alvillaserealtvobx.com
II. PROJECT INFORMATION:
1. Project name: 1503 South Virginia Dare Trail
® Privately -Owned Public Utility
❑ Other
2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project
If a modification, provide the existing permit number. WQ00 and issued date:
If new construction but part of a master plan, provide the existing permit number: WQ00
3. County where project is located: Pare
4. Approximate Coordinates (Decimal Degrees): Latitude: 36.00094' Longitude:-75.64882'
5. Parcel ID (if applicable):
(or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
1. Professional Engineer: Michael W. Robinson, P.E. License Number: NC 18994
Firm: Michael W. Robinson, P.E., P.L.S.
Mailing address: P.O. Box 2852
City: Kill Devil Hills State: NC Zip: 27948-
Phone number: 252 255-8026 Email Address: mrobinsonAobxengineering.com
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1. Facility Name: KDHWWTP, LLC Permit Number. W00002829
Owner Name: KDHWWTP, LLC
V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF):
1. Permit Number(s): WQ0002 2 Downstream (Receiving) Sewer Size: § inch
System Wide Collection System Permit Number(s) (if applicable): WQCS
Owner Name(s): KDHWWTP, LLC
FORM: FTA 04-16 Pagel of 5
1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached?
® Yes ❑No ❑N/A
2. If the Applicant is a Developer of lots to be sold, has a Deyelopr's Operational Agreement (FORM: DEV) been attached?
❑ Yes ❑No ®N/A
3. If the Applicant is a Home/Propg1y Owners' Association, has an Operational Agreement (FORM: HOA) been attached?
❑ Yes ❑No NN/A
4. Origin of wastewater: (check all that apply):
® Residential Owned ❑ Retail (stores, centers, malls) ❑ Car Wash
❑ Residential Leased ❑ Retail with food preparation/service ❑ Hotel and/or Motels
❑ School / preschool / day care ❑ Medical / dental / veterinary facilities ❑ Swimming Pool /Clubhouse
❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash
❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment)
5. Nature of wastewater: Q %o Domestic/Commercial % Commercial
_ % Industrial (See 15A NCAC 02T .0103(20))
'Is there a Pretreatment Program in effect? ❑ Yes ❑ No
6. Hasa flow reduction been approved under 15A NCAC 02T .0114(fl? [—]Yes ®No
➢ If yes, provide a copy of flow reduction approval letter
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0114(f))
Daily Design Flow &,b
No. of Units
Flow
1503 S. Va. Dare Trail
120 gal/day
24
2,880 GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Total
2,880 GPD
a See 15A NCAC 02T .01140), (d), (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per
dwelling; proposed unknown non-residential development uses; public access facilities located near high public use
areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals
as defined in G.S. 42A-4).
b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.01141 shall
be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 2,880 GPD (per 15A NCAC 02T .0114)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero, indicate why:
❑ Pump Station or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line
❑ Flow has already been allocated in Permit Number.
❑ Rehabilitation or replacement of existing sewer with no new flow expected
❑ Other (Explain):
FORM: FTA 04-16 Page 2 of 5
VIL GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers):
1. Summarize gravity sewer to be permitted:
Size (inches) Length (feet) Material
➢ Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria
➢ Section III contains information related to minimum slopes for gravity sewer(s)
➢ Oversizing lines to meet minimum slope requirement is not allowed and a violation of the NWC
VHL PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains):
COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or nam • 1
2. Approximate Coordinates (Decimal Degrees): Latitude: 36.00094' Longitude:-75.64882'
3. Design flow of the pump station: 0.2592 millions gallons per day (firm capacity)
4. Operational point(s) of the pump(s): 180 gallons per minute at 59 feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches)
Length (feet)
Material
4
20
C900
6
374
C900
6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1):
❑ Standby power source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(h)(l)(B):
➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
➢ Must be permanent to facility
Or if the pump station has an average daily flow less than 15,000 gallons per day:
® Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T
.0305(h)(1)(C)
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 02T .0305(h)(1xC):
➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant (draft agreement)
and is compatible with the station.
➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations'
storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be
provided in the case of a multiple station power outage.
FORM: FTA 04-16 Page 3 of 5
IIC. SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T .0305(f)):
1. Does the project comply with all separations found in 15A NCAC 02T .0305(fl & (g) ® Yes ❑ No
➢ 15A NCAC 02T.0305(f) contains minimum separations that shall be provided for sewer systems:
Setback Parameter*
Separation Required
Storm sewers and other utilities not listed below vertical
24 inches
Water mains vertical -water over sewer including in benched trenches
18 inches
Water mains(horizontal)
10 feet
Reclaimed water lines vertical - reclaimed over sewer
18 inches
Reclaimed water lines(horizontal - reclaimed over sewer
2 feet
**Any private or public water supply source, including any wells, WS-I waters of Class I or
Class H impounded reservoirs used as a source of drinking water
100 feet
**Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal
high water or tide elevation and wetlands see item IX.2
50 feet
**Any other stream, lake, impoundment, or ground water lowering and surface drainage
ditches
10 feet
Any building foundation
5 feet
Any basement
10 feet
Top slope of embankment or cuts of 2 feet or more vertical height
10 feet
Drainage systems and interceptor drains
5 feet
Any swimming pools
10 feet
Final earth grade vertical
36 inches
➢ 15A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(fl cannot be achieved.
➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications webpage
➢ If noncompliance with 02T,0305(fl or (g), see Section X of this application
2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ® Yes ❑ No ❑ N/A
➢ See the Division's draft separation requirements for situations where separation cannot be meet
➢ No variance is required if the alternative design criteria specified is utilized in design and construction
➢ As built documents should reference the location of areas effected
3. Does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ❑ Yes ❑ No ® N/A
➢ This would include Trout Buffered Streams per 15A NCAC 2B.0202
4. Does the project require coverage/authorization under a 404 Nationwide or ❑ Yes ® No
individual permits or 401 Water Quality Certifications?
➢ Information can be obtained from the 401 & Buffer Permitting Branch
5. Does project comply with 15A NCAC 02T,0105(c)(6) (additional permits/certifications)? ❑ Yes ® No
Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications are being prepared, have
been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and
sedimentation control plans, stormwater management plans, etc.).
6. Does this project include any sewer collection lines that are deemed "high -priority?"
Per 15A NCAC 02T.0402, "high -priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer
positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer.
❑ Yes ® No ❑ N/A
➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location).
High priority lines shall be inspected by the permittee or its representative at least once every six -months and
inspections documented per 15A NCAC 02T.0403(ax5) or the permitee's individual System -Wide Collection permit.
FORM: FTA 04-16 Page 4 of 5
x CERTMCATIONS:
1 .:., n ' . t . n u t y 1u M, n • �i _ 1� t.. n mm11 t=119
i.. all : U1.15
® Yes ❑ No
If No, complete and submit the Varlance/Ahemative Design Request application (VADC 10-14) and supporting documents
for review. Apprgval of the reaµe it t�eattlrod Driior to �bmittal of the Fast Tuck Aut►li t u and sauhQo61ue
2. Professional Engineer's Certiflcatioa
G GW . Rm )V5-0�/' F-t,
(Professional Engineer's name from Application
attest that this application for
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications,
engineering calculations, and all other supporting documentation to the best of my knowledge. I farther attest that to the best
of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer
Minimum Design Criteria for Oravity Sewers (latest version), and the Minimum Design Criteria for the Fas -Traok
Permitting of Pump Stations and Force Mains (latest version). Although other professionals may have davoloped certain,
portions of this submittal package, inclusion of these materials under my signatare and seal signifies that I have reviewed this
neat vial and have judged it to be oon&steat with the proposed design.
NOTE — In accordance with General Statutes 143 215.6A and 143-215.6B, any person who knowingly makes any false
statement, representation, or certi$c atm in any application package shall be guilty of a Class 2 misdemeanor, which may
inolude a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation.
North Carolina Profesdonal Enghteer's seal, dgnat mv, and date:
3. Applicant's Certification per 15A NCAC 02T .0106(b :
�1
(Sig&itmre Authority's name & title frmn Application Item
,%%is %$I11i16,
u.
rt:,
M.
that this application for
bas been reviewed by me and is aocutM and complete to the best of my knowledge. I understand that if all required parts of
this application are not completed and that if ell required supporting dorm and aMohments are not included, this
application package is subject to being returned as incomplete. I understand that any discharge of wastewater from this non -
discharge system to sur'ace waters or the land will result in an immediate caftnment action that may include civil penalties,
mJunctive relied and/or crirnmal proseca6om I will make no elan against the Division of Water Resources should a
condition of this permit be violated: I also understand that if all required parts of this application package are not completed
and that if all required supporting information and attachments are not included, this application package will be returned to
me as incomplete.
NOTE — In accordance with General Statutes 143-215.6A and 143-215_,§a any person who knowingly makes any false
statement, repan
resentation, or certification in any application package shall be guilty of a Class 2 misdemeor, which may
include a fine Abt to exceed $10,000 as well as civil penalties up to SZ,000 per violation.
I
Signature: ham: _ 2Z
FORM: FTA 04-16 Page 5 of 5
Project Narrative for Fast -track Application (F"TA 12/07)
1503 South Virginia Dare Trail
Kill Devil Hills, Dare County, North Carolina
Design flow = 2,880 gpd
Property Location and Property Data:
1503 S. Virginia Dare Trail,
North part of Lot 1, Ocean Acres Inc. and South part of Lot 17, Kill Devil Beach Sect. 1
Kill Devil Hills, Dare County, N.0 .
Street Address: 1503 S. Va. Dare Trail, Kill Devil Hills, NC 27948
Recorded Reference: P.C. 2 S1.21, D.B. 1788 Pg. 1008
Parcel: 008234000 Pin: 9893 09 15 1948
Proposed Development:
Residential Dwelling with 20 bedrooms and 24 habitable rooms.
Project Wastewater Design Flow:
1503 South Virginia Dare Trail
Design Flow: 20 Bedroom Residence with 24 habitable rooms at 120 gpd per habitable
room = 24 x 120 = 2,880 gpd
Total Design flow = 2,880 gpd.
The utility will be owned and operated by the public wastewater utility permitted as
KDHWWTP, LLC by permit WQ0002829. The service district addition is pending by the
NC Utilities Commission.
State of North Carolina
w j 5 I o Department of Environmental Quality
tl �' Division of Water Resources
Ulvi: Ian of Waftr Itesotaces Flow Tracking/Acceptance for Sewer Extension Applications
(FTSE 04-16)
Entity Requesting Allocation: KDHWWTP, LLC
Project Name for which flow is being requested: 1503 South Virginia Dare Trail
More than one ME may be required for a single project if the owner of the WWTP is not responsible for all pump
stations along the route of the proposed wastewater flow.
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: KDHWWTP, LLC
b. WWTP Facility Permit #: WQ0002829 (July 29,2022
All flows are In MGD
c. WWTP facility's permitted flow 0.660000
d. Estimated obligated flow not yet tributary to the WWTP 0.221050
e. WWTP facility's actual avg. flow 0.232124
f. Total flow for this specific request 0.002880
g. Total actual and obligated flows to the facility 0.456054
h. Percent of permitted flow used 66.1
H. Complete this section for each pump station you are responsible for along the route of this
proposed wastewater flow.
List pump stations located between the project connection point and the WWTP:
(A)
Design
Pump
Average Daily
Station
Firm Flow**
(Name or
Capacity, * (Firm / pf),
Number)
MGD MGD
n/a
(B)
(C)
(D)=(B+C) (E) =(A-D)
Obligated,
Approx.
Not Yet
Total Current
Current Avg.
Tributary
Flow Plus
Daily Flow,
Daily Flow,
Obligated Available
MGD
MGD
Flow Capacity***
* The Firm Capacity of any pump station is defined as the maximum pumped flow that
can be achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking
factor (pt) not less than 2.5.
*** A Planning Assessment Addendum shall he attached for each pump station located
between the project connection point and the WWTP where the Available Capacity is < 0.
Downstream Facility Name (Sewer):
Downstream Permit Number:
Page 1 of 6
FTSE 04-16
III. Certification Statement:
George E. Goodrich, Managing certify to the best of my knowledge that the addition of
Partner
the volume of wastewater to be permitted in this project has been evaluated along the route to the
receiving wastewater treatment facility and that the flow from this project is not anticipated to
cause any capacity related sanitary sewer overflows or overburden any downstream pump station
en route to the receiving treatment plant under normal circumstances, given the implementation
of the planned improvements identified in the planning assessment where applicable. This
analysis has been performed in accordance with local established policies and procedures using
the best available data. This certification applies to those items listed above in Sections I and II
plus all attached planning assessment addendums for whi6h I am the responsible party.
Signature, of this form indicates acceptance of this wastewater low.
Signature
l/ -_3 - 22-
..-
Page 2 of 6
FTSE 04-16
FTSE Supporting Data for:
Service District Addition for Multiple Properties
KDHWWTP, LLC
Kill Devil Hills, Dare County, NC
October 5, 2022
Prepared by: Michael W. Robinson P.E.
P.O. Box 2852, Kill Devil Hills, NC 27948
252-255-8026 mrobinson@obxengineering.com
1. Flow Tracking/Acceptance for Sewer Extension Permit Application:
a. WWTP Facility Name: KDHWW TP, LLC
b. WWTP Facility's Permit Number: WQ0002829 (July 29, 2022)
c. WWTP Facility's Permitted Flow: 660,000 gpd (0.66000 MGD)
d. Estimated Obligated Flow Not Yet Tributary to WWTP:
Reference map sheet 1 through 3 and on service district map dated 03-02-22
Account
Design flow
1.
Wilbur Wright Associates (Reserve)
7,680 gpd
2.
C&S Realty, Days Inn Mariner (Reserve)
10,000 gpd
3.
Atlantic Retreat LLC (Outer Banks Motor Lodge)
12,500 gpd
4.
Western Sizzlin/Parrot Bay
13,500 gpd
5.
Port O'Call LTD, Kitty Hawk Lodge Tract (reserve)
7,920 gpd
6.
Port O' Call LTD, Kitty Hawk Lodge Tract (Lots)
2,160 gpd
7.
Water Oak Residential, LLC — Water Oak Phase 1
16,320 gpd
8.
Water Oak Residential, LLC — Water Oak Phase 2 and 3
17,280 gpd
9.
Bermuda Bay *
78,540 gpd
(* See service district map update and map sheet 2 attached for section breakdown)
Total Estimated Obligated Flow not yet Tributary to WWTP=165,900 gpd
d-1. Current Unconfirmed Reservations:
1. ON Trading/Dairy Queen Design Flow Reserved = 15,000 gpd
Total = 15,000 gpd
d-2. Recent additions (non tributary):
1. Starbucks-MPF Investments, 1208 S. Va. Dare Trail
2. Car Wash-MPF Investments, 2011 S. Croatan Highway
3. Cook -Out Kill Devil Hills, Inc.
4. Harris Teeter Properties Fuel # 175, Kill Devil Hills
5. WAWA-KDH -Arista Development
6. Tides OBX Cottage Court
7. 2023 and 2025 S. Virginia Dare Trail
8. Ocean Breeze Townhomes
Design Flow = 1,400 gpd
Design Flow = 4,510 gpd
Design Flow = 2,400 gpd
Deign Flow =1,000 gpd
Design Flow = 1,800 gpd
Design Flow = 8,640 gpd
Design Flow 6,000 gpd
Design Flow=14,400 gpd
Total = 40,150 gpd
d-3. Total Estimated Obligated Flow not yet Tributary to WWTP including unconfirmed
reservations and recent additions (d + d-1+ d-3) = 221,050 gpd
e. WWTP facility's actual average flow:
Measured flow from DMR reporting sheets for 2021 provided by Atlantic Sewage (attached).
Flows records taken from plant master meter daily readings.
Average Daily flow by Month:
January 2021-139,065 gpd
February 2021-153,357 gpd
March 2021— 175,613 gpd
April 2021 — 239,633 gpd
May 2021 — 253,839 gpd
June 2021 — 353,500 gpd
July 2021— 365,516 gpd (peak monthly average)
August 2021— 333,355 gpd
September 2021— 266,300 gpd
October 2021— 215,419 gpd
November 2021 — 162,633 gpd
December 2021-127,258 gpd
WWTP facility's average flow for 12 month period (2021) = 232,124 gpd
(WWTP facility's average flow for 12 month period (2020) = 202,045 gpd)
WWTP facility's peak monthly average flow (July 2021) = 365,516 gpd
(WWTP facility's peak monthly average flow (July 2020) = 322,556 gpd)
L Total Flow For This Specific Request:
f.2 Crutchfield-1503 s. Va. Dare Trail = 2,880 gpd
Total Flow For This Specific Request: 2,880 gpd
2. Flow Tracking/ Acceptance for Sewer Extension Permit Application
FLOW TRACKING SUMMARY
Calculations using yearly average flows for 2021
a. WWTP FACILITY NAME: KDHWWTP, LLC
b. WWTP FACILITY'S PERMIT NUMBER WQ0002829
c. WWTP FACILITY'S PERMITTED FLOW: 660,000 gpd (0.50000 MGD)
d. ESTIMATED OBLIGATED FLOW NOT YET TRIBUTARY TO WWTP: 221,050 gpd
e. WWTP FACILITY'S ACTUAL AVERAGE FLOW: 232,124 gpd
f. TOTAL FLOW FOR THIS SPECIFIC REQUEST: 2,880 gpd
g. TOTAL ACTUAL AND OBLIGATED FLOWS TO THIS FACILITY: 456,054 gpd
h. PERCENTAGE OF PERMITTED FLOW USED: 69.1%
FLOW TRACKING SUMMARY
Calculations using peak monthly flow for 2020
a. WWTP FACILITY NAME: IDHWWTP, LLC
b. WWTP FACILITY'S PERMIT NUMBER: WQ0002829
c. WWTP FACILITY'S PERMITTED FLOW: 660,000 gpd (0.50000 MGD)
d. ESTIMATED OBLIGATED FLOW NOT YET TRIBUTARY TO WWTP: 221,050 gpd
e. WWTP FACILITY'S ACTUAL AVERAGE FLOW: 365,516 gpd
f TOTAL FLOW FOR THIS SPECIFIC REQUEST: 2,880 gpd
g. TOTAL ACTUAL AND OBLIGATED FLOWS TO THIS FACILITY: 589,446 gpd
h. PERCENTAGE OF PERMITTED FLOW USED: 89.3%
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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR NORTH CAROLINA
Director Environmental Quality
July 29, 2022
GEORGE E. GOODRICH — MANAGER
KDHWWTP, L.L.C.
POST OFFICE BOX 3629
KILL DEVIL HILLS, NORTH CAROLINA 27948
Subject: Permit No. WQ0002829
KDHWWTP
Reclaimed Water Generation,
Dedicated Utilization, and
High -Rate Infiltration System
Dare County
Dear Mr. Goodrich,
In accordance with your permit renewal request received May 6, 2022, we are forwarding herewith
Permit No. WQ0002829 dated July 29, 2022, to KDHWWTP, L.L.C. for the continued operation of the
reclaimed water generation, high -rate infiltration, and dedicated reclaimed utilization facilities , as well as
the continued operation and subsequent conversion of the Train A reclaimed water generation facilities.
This permit shall be effective from the date of issuance through April 30, 2029, shall replace Permit
No. WQ0002829 issued July 14, 2017, and shall be subject to the conditions and limitations therein. The
Permittee shall submit a renewal application no later than November 1, 202&
Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may
differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems.
The Division has removed the following permit conditions since the last permit issuance dated
July 14, 2017:
➢ Old Condition I.1 —This condition has been removed as the Town of Kill Devil Hills does not
own any of the reclaimed water irrigation sites.
➢ Old Condition I.2 — This condition has been met.
➢ Old Condition I.6 — This condition is no longer required.
➢ Old Condition 11.6 — This condition has been removed as the green area requirements have been
repealed.
➢ Old Condition 111.20 — This condition has been removed because it is inherently covered under
new Condition E11.8.
.0-0,1 -E Q�� North Carolina Department of Environmental Quahty I Division of Water Resources
_ 512 North Salisbury Street 1 1617 Mail Service Center I Ralelgh, North Carolina 27699-1617
.,�, .d+o+' /'� 919.707.9000
Mr. George E. Goodrich
July 29, 2022
Page 2 of 2
The following permit conditions are new since the last permit issuance dated July 14, 2017:
➢ Condition I.2 — This condition requires that the Permittee notify the Washington Regional
Office at least two business days in advance of initial operation of the modified facilities so
that the Division can conduct an inspection.
➢ Conditions H.11, H.12, and H.13 — These conditions denote separation distances for the
reclaimed water distribution lines.
➢ Condition IIL4 — This condition requires an operator be on call 24 hours per day.
➢ Condition M.7 — This condition requires that irrigation not occur during inclement weather.
➢ Condition M.8 — This condition requires metering equipment be tested and calibrated annually.
➢ Condition 111.25 — This condition requires continuous online monitoring and recording of
turbidity.
➢ Condition M.26 — This condition requires the Permittee to notify the public and its employees
about the use of reclaimed water.
➢ Condition 111.27 — This condition requires the Permittee to develop and implement an education
program to inform users and its employees about the proper use of reclaimed waxer.
➢ Condition IV.5 — This condition has been revised to include additional recording requirements.
➢ Condition VI.3 — This condition states that there are no variances to administrative codes or
general statutes governing the construction or operation of the facilities permitted herein.
If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding.
If you need additional information concerning this permit, please contact Lauren Raup-Plummer at
(919) 707-3660 or Lauren.Plummer(i�ncdenngov.
Sincerely,
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Dare County Health Department (Electronic Copy)
Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
RECLAIMED WATER GENERATION, DEDICATED UTILIZATION, AND HIGH -RATE
INFILTRATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
IDHWWTP, L.L.C.
Dare County
FOR THE
operation of a 660,000 gallon per day (GPD) reclaimed water generation, dedicated utilization, and high -
rate infiltration facility consisting of the:
continued operation and subsequent conversion (as permitted December 9, 2016) of. the existing 312,000
gallon extended aeration "Train A" into a 5-stage Bardenpho Process with Integrated Fixed Film Activated
Sludge (IFAS) configuration consisting of. a 70,097 gallon pre -anoxic Zone 1 with four 2 horsepower (hp)
mixers; a 32,903 aeration Zone I with high -density polyethylene (HDPE) media; a 47,208 gallon aeration
Zone IB with HDPE media; a 55,791 gallon aeration Zone 2A with HDPE media; a 24,319 gallon aeration
Zone 2B with HDPE media and two 350 gallon per minute (GPM) recycle pumps; a 55,791 gallon post -
anoxic Zone 1 with three 2 hp mixers and a carbon chemical feed system; a 22,889 re -aeration Zone 1 with
an alum chemical feed system; and all associated piping, valves, controls, and appurtenances; the
continued operation of a 660,000 GPD reclaimed water generation system consisting o£ a stainless steel
mechanically -cleaned helical fine screen; a 43,000 gallon flow equalization basin A; a 118,000 gallon
aerated flow equalization basin C; a 38,630 gallon aerated flow equalization basin B with two 416 GPM
equalization pumps; an aluminum flow splitter box with an alkalinity chemical feed system; a 312,000
gallon extended aeration "Train A'; a 310,000 gallon 5-stage Bardenpho Process "Train B" with a 70,195
gallon pre -anoxic Zone 2 with two 0.75 hp mixers and one 1.5 hp mixer, an 84,234 gallon aeration Zone 3,
an 81,426 gallon aeration Zone 4 and two recycle pumps, a 56,156 gallon post -anoxic Zone 2 with one 1.5
hp mixer and a carbon chemical feed system, and a 16,846 gallon re -aeration Zone 2 with an alum chemical
feed system; two 91,000 gallon clarifiers with rotating skimmers and served by two 600 GPM variable
speed sludge return pumps; a 35,000 gallon filter dosing tank with two 833 GPM filter dosing pumps; two
156 square foot (fl) rapid sand filters served by a 781 cubic foot per minute (CFM) air scour blower, a
20,000 gallon mudwell with two 280 GPM return pumps; two 71,655 aerated sludge digesters with a decant
pump; four 1,479 CFM rotary positive blowers, and an 800 CFM centrifugal blower serving the flow
equalization, aeration, and sludge digester basins; a 50,000 gallon clearwell with two 957 GPM pumps; an
effluent flow meter, a turbidimeter; an ultraviolet (UV) disinfection system with four banks each rated at
400,000 GPD; a stand-by power system consisting of a 45 kilowatt (kW) generator, a 115 kW generator,
and all associated piping, valves, controls, and appurtenances; the
WQ0002829 Version 3.0 Shell Version 200201 Page 1 of 13
continued operation of a high -rate spray infiltration system consisting of: three 7.5 hp pumps; seven 15 hp
pumps; a 1.35 acre high -rate spray infiltration area consisting of eight spray beds; and all associated piping,
valves, controls, and appurtenances; the
continued operation of a low -flow infiltration pond consisting of: a 2,000 gallon pump station with two 7.5
hp pumps and alarms; a 2.1 acre infiltration pond (i.e., Pond 1); and all associated piping, valves, controls,
and appurtenances; and the
continued operation of a dedicated reclaimed water utilization system consisting of: an irrigation pump
station with a 25 hp pump and a 3 hp pump; a 24.55 acre of spray irrigation area consisting of seven zones;
and all associated piping, valves, controls, and appurtenances
to serve the KDHWWTP, with no discharge of wastes to surface waters, pursuant to the application received
May 6, 2022, and in conformity with the Division -approved plans and specifications considered a part of
this permit.
This permit shall be effective from the date of issuance through April 30, 2029, shall replace Permit No.
WQ0002829 issued July 14, 2017, and shall be subject to the following conditions and limitations:
L SCHEDULES
1. Upon completion of construction and prior to operation of the permitted modifications, the Permittee
shall submit an engineering certification from a North Carolina licensed Professional Engineer
certifying that the permitted facility has been constructed in accordance with G.S. 143-215.1,
Administrative Code Title 15A Subchapter 02T, this permit, and the Division -approved plans and
specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility
to track further construction approved under this permit, and shall provide a final engineering
certification upon project completion. Mail the Engineering Certification to the Division of Water
Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-
Discharge.RMprts(c_,ncdenngov. [15A NCAC 02T .0116(a)]
2. The Permittee shall notify the Washington Regional Office, telephone number (252) 946-6481, at least
two business days in advance of initial operation of the modified facilities so that the Division can
conduct an inspection. [15A NCAC 02T .0108(b)(1)(B)]
3. The Permittee shall request renewal of this permit on Division -approved forms no later than November
1, 2028. [15A NCAC 02T .0105(b), 02T .0109]
IL PERFORMANCE STANDARDS
The Permittee shall maintain and operate the subject non -discharge facilities so there is no discharge to
surface waters, nor any contravention of groundwater or surface water standards. In the event the
facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper
operation and maintenance, or failure of the infiltration areas to assimilate the effluent, the Permittee
shall take immediate corrective actions, including Division required actions, such as the construction
of additional or replacement reclaimed water generation, utilization, or disposal facilities. [ 15A NCAC
02T .0108(bxl)(A)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. [15A NCAC 02T .0108(bXlXA)]
3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108
(Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and
regulations pertaining to well construction. [15A NCAC 02C .0108]
WQ0002829 Version 3.0 Shell Version 200201 Page 2 of 13
4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0705(b),
02U .0301]
5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in
Attachment B. [15A NCAC 02T .0705(m), 15A NCAC 02U .0401(g)]
6. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public
or employees that the water is not intended for drinking. [15A NCAC 02U .0403(b)]
7. All reclaimed water piping, valves, outlets, and other appurtenances shall be color -coded, taped, or
otherwise marked to identify the source of the water as being reclaimed water as follows:
a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or
equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER -
DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or
polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated
every three feet or less;
b. Identification tape shall be at least three inches wide and have white or black lettering on purple
(Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT
DRINK". Identification tape shall be installed on top of reclaimed water pipelines, fastened at least
every 10 feet to each pipe length and run continuously the entire length of the pipe; and
c. Existing underground distribution systems retrofitted for the purpose of conveying reclaimed water
shall be taped or otherwise identified as noted in II.7.a. and II.7.b. This identification need not
extend the entire length of the distribution system but shall be incorporated within 10 feet of
crossing any potable water supply line or sanitary sewer line.
[15A NCAC 02U .0403(c)]
8. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation
by personnel authorized by the entity that operates the reclaimed water system. [15A NCAC 02U
.0403(d)]
9. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -potable
quality. As an alternative to the use of locked vaults with standard hose bib services, other locking
mechanisms such as hose bibs that can only be operated by a tool may be placed above ground and
labeled as non -potable water. [15A NCAC 02U .0403(e)]
10. There shall be no direct cross -connections between the reclaimed water and potable water systems,
unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A
NCAC 02U .0403(f)]
11. Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below
any water line if practicable. If these separation distances cannot be met, the piping and integrity testing
procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U
.0403(g), 02U .0403(h)]
12. Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and
integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no
case shall they be less than 25 feet from a private well. [15A NCAC 02U .0403(g), 02U .0403(i)]
13. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with
15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .04030)]
WQ0002829 Version 3.0 Shell Version 200201 Page 3 of 13
14. The compliance and review boundaries for the reclaimed utilization system permitted prior to
September 1, 2006 (i.e., Pond 1 and utilization sites) are established at the property boundary. Any
exceedance of groundwater standards at or beyond the compliance boundary shall require corrective
action. Division -approved relocation of the compliance boundary shall be noted in Attachment B.
Multiple contiguous properties under common ownership and permitted for use as a disposal system
shall be treated as a single property with regard to determination of a compliance boundary. [15A
NCAC 02L .0106, 02T .0105(h), 02H .0219(k)(1XQixIII), G.S. 143-215.1(i), G.S. 143-215.1(k)]
15. The high -rate infiltration system (i.e., Basins 1-A, 1-B, 3, 4, 5, 6, 7-A, and 7-B) was individually
permitted on or after December 30, 1983, and therefore has a compliance boundary that is either 250
feet from the infiltration area, or 50 feet within the property boundary, whichever is closest to the
infiltration area Any exceedance of groundwater standards at or beyond the compliance boundary
shall require corrective action. Division -approved relocation of the compliance boundary shall be noted
in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a
disposal system shall be treated as a single property with regard to determination of a compliance
boundary. [15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h), G.S. 143-215.1(i), G.S. 143-
215.1(k)]
16. The review boundary for the high -rate infiltration system (i.e., Basins 1-A, 1-B, 3, 4, 5, 6, 7-A, and 7-
B) is midway between the compliance boundary and the infiltration area Any exceedance of
groundwater standards at or beyond the review boundary shall require preventative action. [15A NCAC
02L .0106(d)(1), 02L .0108]
17. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [15A NCAC
02L .0107(c)]
18. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance
boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107]
19. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the compliance boundary shall execute and file with the Dare
County Register of Deeds an easement running with the land containing the following items:
a A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right ofthe Permittee or the State to enter the property within the compliance boundary
for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
[15A NCAC 02L .0107(f)]
WQ0002829 Version 3.0 Shell Version 200201 Page 4 of 13
20. The facilities herein were permitted per the following setbacks:
a. The high -rate infiltration sites (i.e., Basins 1-A, 1-B, 3, 4, 5, 6, 7-A, and 7-B) were originally
permitted June 21, 2004. The setbacks for infiltration sites originally permitted or modified from
February 1, 1993 to September 1, 2006 are as follows (all distances in feet):
i. Each private or public water supply source:
100
ii. Surface waters:
200
iii. Groundwater lowering ditches:
200
iv. Surface water diversions (upslope):
200
v. Surface water diversions (downslope):
200
vi. Each well with exception of monitoring wells:
100
vii. Each property line:
50 '
viii. Top of slope of embankments or cuts of two feet or more in vertical height:
100
ix. Each water line:
10
x. Each swimming pool:
100
xi. Public right of way:
50
xii. Nitrification field:
20
xiii. Each building foundation or basement:
15
xiv. Each impounded public surface water supply:
500
xv. Each public shallow ground water supply (less than 50 feet deep):
500
' Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02H .0404(g), 02H .0219OX5)]
b. The reclaimed water irrigation sites were originally permitted June 16, 2006. The setbacks for
reclaimed irrigation sites originally permitted or modified from June 1, 1996 to August 31, 2006
are as follows (all distances in feet):
i. Surface waters classified SA: 100
ii. Surface waters not classified SA: 25
iii. Each water supply well: 100
iv. Each non -potable well: 10
v. Each swimming pool: 25
[15A NCAC 02H .0219(k)(1)(C)(i)]
c. The storage and treatment units were modified November 5, 2008. The setbacks for storage and
treatment units originally permitted or modified from September 1, 2006 to August 31, 2018 are as
follows (all distances in feet):
i. Each habitable residence or place of assembly under separate ownership: 1001
ii. Each on -property residential unit if the unit is to be sold: 101
iii. Each private or public water supply source: 100
iv. Surface waters: 50
v. Each well with exception of monitoring wells: 100
vi. Each property line: 502
' Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
WQ0002829 Version 3.0 Shell Version 200201 Page 5 of 13
2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 0214.0404(g), 02T .0706(d), 02T .0706(f), 02T .0706(g)]
M. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC
02T .0700, 02U .0101]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include:
a. A description of the operation of the system in detail to show what operations are necessary for the
system to function and by whom the operations are to be conducted;
b. A description of anticipated maintenance of the system;
c. Provisions for safety measures, including restriction of access to the site and equipment; and
d. Spill control provisions that include response to upsets and bypasses, including control,
containment, and remediation, and contact information for personnel, emergency responders, and
regulatory agencies;
[15A NCAC 02T .0707(a), 02U .0801(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the.subject non -discharge facilities, the Permittee shall designate and employ a certified
operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC
or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T
.0117]
4. An operator certified by the Water Pollution Control System Operators Certification Commission
(WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours
per day. [15ANCAC 02U .0401(e)]
The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal,
allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02U
.0801(b)]
6. The Permittee shall take measures to prevent effluent ponding in or runoff from the infiltration and
irrigation sites listed in Attachment B. [15A NCAC 02T .0707(c), 02U .0801(c)]
7. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a
condition that will cause ponding or runoff. [15A NCAC 02U .0401(k)]
8. All infiltration and irrigation equipment shall be tested and calibrated once per permit cycle. [15A
NCAC 02T .0707(d), 02U .0801(d)]
9. Only treated effluent from the KDHWWTP shall be infiltrated or irrigated on the sites listed in
Attachment B. [15A NCAC 02T .0701, 02U .0101]
10. The Permittee shall not allow vehicles or heavy machinery on the infiltration or irrigation areas, except
during equipment installation or maintenance activities. [15A NCAC 02T .0707(e), 02U .0801(e)]
11. The Permittee shall prohibit public access to the wastewater treatment, storage, and infiltration
facilities. [15A NCAC 02T .0705(p), 02U .0402(e)]
12. Public access to reclaimed water utilization sites shall be controlled during active site use. Such
controls may include the posting of signs showing the activities being conducted at each site. [15A
NCAC 02U .0501(a)(2)]
WQ0002829 Version 3.0 Shell Version 200201 Page 6 of 13
13. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC
02T .0708, 02T. 1100, 02U .0802].
14. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .0705(i), 02U .0402(g)]
15. Freeboard in the infiltration basin (i.e., Pond 1) shall not be less than two feet at anytime. [15A NCAC
02T .0705(c), 02U .0401(h)]
16. A gauge to monitor waste levels in the infiltration basin (i.e., Pond 1) shall be provided. This gauge
shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the
following elevations: 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 ofhe dam. [15A NCAC 02T .0707(f), 02U .0801(f)]
17. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to
maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankments shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02T .0707(g),
02U .0801(g)]
18. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0707(d), 02U .0801(d)]
19. An automatically activated standby power source capable of powering all essential treatment units shall
be on site and operational at all times. If a generator is employed as an alternate power supply, it shall
be tested weekly by interrupting the primary power source. [15A NCAC 02T .0705(k), 02U .0401(d)]
20. If turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met, all effluent shall be
routed to the high -rate infiltration spray beds 1-A and 1-13 until the problems associated with the
reclaimed water generation system have been corrected. [15A NCAC 02U .0402(d)]
21. The infiltration areas shall be cleaned at least once per permit cycle to remove deposited materials that
may impede the infiltration process. Cleaning records shall be maintained at the facility for five years,
and shall be made available to the Division upon request. The Washington Regional Office, telephone
number (252) 946-6481, shall be notified prior to each cleaning. [15A NCAC 02T .0707(h)]
22. Spray beds shall be raked as needed and all vegetation shall be kept out of the spray beds at all times.
The spray beds shall also be raked when solids and ruts develop within the beds, which results in uneven
infiltration. [15A NCAC 02T .0108(b)(1)(A)]
23. The application of chemicals to the high -rate infiltration spray beds is expressly prohibited. [15A
NCAC 02T .0108(b)(1xA)]
24. Adequate measures shall be taken to divert stormwater from the high -rate infiltration sites, the
infiltration basin (i.e., Pond 1), and the dedicated reclaimed irrigation areas. [15A NCAC 02T
.0108(b)(1)(A)]
25. Continuous online monitoring and recording for turbidity or particle count and flow shall be provided
prior to storage, distribution, or utilization of reclaimed water. [15A NCAC 02U .0401(b)]
26. The Permittee shall provide notification to the public and its employees about the use of reclaimed
water, and that reclaimed water is not intended for drinking. Such notification shall be provided to
employees in a language they can understand. [15A NCAC 02U .0501(a)(2)]
WQ0002829 Version 3.0 Shell Version 200201 Page 7 of 13
27. The Permittee shall develop and implement an education program to inform users and its employees
about the proper use of reclaimed water. Educational material shall be provided to all residents and/or
other facilities provided with reclaimed water, and these materials shall be maintained consistent with
the reclaimed water uses. All educational materials shall be made available to the Division upon
request. [15A NCAC 02U .0501(a)(4)]
TV. MONITORING AND REPORTING REQUIREMENTS
The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and
surface water parameters. [15A NCAC 02H .0800]
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their
flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T
.0108(c)]
4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters
specified in Attachment A. [15A NCAC 02T .0108(c)]
5. The Permittee shall maintain records tracking the amount of effluent infiltrated. These records shall
include the following information for each infiltration site listed in Attachment B:
a. Date of infiltration;
b. Volume of effluent infiltrated;
c. Site infiltrated;
d. Length of time site is infiltrated;
e. Loading rates to each infiltration site listed in Attachment B; and
f Weather conditions.
[15A NCAC 02T .0108(c)]
6. The Permittee shall maintain records tracking the amount of reclaimed water irrigated/infiltrated. These
records shall include the following information for each irrigation site listed in Attachment B:
a. Date of reclaimed water utilization;
b. Volume of reclaimed water inigated/utilized;
c. Site irrigated/utilized;
d. Length of time site is in igated/utilized;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for irrigation
sites;
f. Weather conditions; and
g. Maintenance of cover crops.
[15A NCAC 02T .0108(c)]
7. Freeboard (i.e., waste level to the lowest embankment elevation) in the infiltration basin (i.e., Pond 1)
shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records
shall be maintained for five years, and shall be made available to the Division upon request. [15A
NCAC 02T .0108(c)]
WQ0002829 Version 3.0 Shell Version 200201 Page 8 of 13
Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for
each PPI, three copies of all operation and utilization records (as specified in Condition IV.6) on Form
NDAR-1 for every dedicated utilization site listed in Attachment B, and three copies of all operation
and disposal records (as specified in Conditions IV.5. and IV.7.) on Form NDAR-2 for every infiltration
site in Attachment B shall be submitted on or before the last day of the following month. If no activities
occurred during the monitoring month, monitoring reports are still required documenting the absence
of the activity. All information shall be submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0105(1)]
9. Pursuant to G.S. 143-215.1C(a), the Permittee shall provide to its users and the Division of Water
Resources an annual report summarizing the performance of the wastewater treatment, high -rate
infiltration, and reclaimed utilization facility and the extent to which the facility has violated this permit,
or federal or State laws, regulations, or rules related to the protection of water quality. This report shall
be prepared on either a calendar or fiscal year basis and shall be provided no later than 60 days after
the end of the calendar or fiscal year. Two copies of the annual report provided to the Permittee's users
shall be submitted to:
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[G. S. 143-215.1 C(a)]
10. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be
maintained for five years, and shall be made available to the Division upon request. This record shall
include:
a. Name of the residuals hauler;
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
[15A NCAC 02T .0708(b), 02U .0802(b)]
11. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall
be made available to the Division upon request. This log shall include:
a. Date of flow measurement device calibration;
b. Date of infiltration equipment calibration;
c. Date of turbidimeter calibration;
d. Date and results of power interruption testing on alternate power supply;
e. Visual observations of the plant and plant site;
f. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing,
inspections, spray bed raking, and cleanings, etc.); and
g. Record of all discharges of reclaimed water to surface waters or the land surface, including the date
of occurrence, estimated volume, and corrective action taken.
[15A NCAC 02T .0707(i), 02U .0801(h)]
12. Monitoring wells CW-A, CW-C, CW-D, CW-F, CW-G, CW-13-1, and CW-E-I, shall be sampled at the
frequencies and for the parameters specified in Attachment C. All mapping, well construction forms,
well abandonment forms and monitoring data shall refer to the permit number and the well
nomenclature as provided in Attachment C and Figure 1. [15A NCAC 02T .0105(m)]
WQ0002829 Version 3.0 Shell Version 200201 Page 9 of 13
13. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-59)
shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. All information shall be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0I05(m)]
14. Noncompliance Notification:
The Permittee shall report to the Washington Regional Office, telephone number (252) 946-6481,
within 24 hours of first knowledge of the following:
a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate wastewater treatment.
c. Any facility failure resulting in a discharge to surface waters.
d. Any failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted
release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted
releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance
with Condition IV.1 l.g. but do not require Regional Office notification.
e. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
f. Ponding in or runoff from the infiltration and irrigation sites.
g. Effluent breakout from the infiltration basin (i.e., Pond 1).
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All
noncompliance notifications shall file a written report to the Washington Regional Office within five
days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to
ensure the problem does not recur. [15A NCAC 02T .0108(bxl)(A)]
WQ0002829 Version 3.0 Shell Version 200201 Page 10 of 13
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the reclaimed
water generation, utilization, and infiltration facilities. [15A NCAC 02T .07070), 02U .0801(i)]
2. The Permittee shall inspect the reclaimed water generation, utilization, and infiltration facilities to
prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes
to the environment, threats to human health, or public nuisances. The Permittee shall maintain an
inspection log that includes the date and time of inspection, observations made, and maintenance,
repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five
years from the date of the inspection, and this log shall he made available to the Division upon request.
[15A NCAC 02T .0707(i), 02T .07070), 02U .0801(i)]
Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the reclaimed water generation, utilization, and infiltration
facilities permitted herein at any reasonable time for determining compliance with this permit. Division
authorized representatives may inspect or copy records maintained under the terms and conditions of
this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
VL GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division -approved plans and specifications. [G.S. 143-215.1(d)]
3. Unless specifically requested and approved in this permit, there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. [15A
NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall
submit a permit modification request on Division -approved forms. The Permittee shall comply with
all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143-
215.1(0)]
6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0105(o)]
7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or
until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)]
WQ0002829 Version 3.0 Shell Version 200201 Page 11 of 13
8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02T;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials:
i. to enter the Permittee's premises where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[15A NCAC 02T .0110]
9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[15A NCAC 02T .0120(b), 02T .0120(d)]
10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
[15A NCAC 02T .0120(c)]
Permit issued this the 20 day of July 2022
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
7L41�z2) sg���
do Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0002829
WQ0002829 Version 3.0 Shell Version 200201 Page 12 of 13
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NORTH CAROLINA UTILITIES COMMISSION
RALEIGH
Docket No. W-1160 Exosoons Due on or Before November 15. 2001
NOTICE TO PARTIES
Parties to the above proceeding may file exceptions to the report and
Recommended Order hereto attached on or before the day above shown as provided In
G.S. 62-78. Exoefflons, If any, must be filed (original and thirty (30) copies) with the North
Carolina Utilities Commission, Raleigh, North Carolina, and a copy thereof mailed or
delivered to each party of record, or to the attorney for such party, as shown by
• • •:.: • :. • M'1=7.77- •.111111 !=; •.= 1! .!11 • : 1:,• : 17w 1 : 1 • • : •;II •;: -1 : : •.
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or more paragraphs, Immediately following the statement of the exception, and may
Include any argument, explanation, or citations the party filing same desires to make. In
the event exceptions are filed, as herein provided, a time will be fixed for oral argument
before the Commission upon the exceptions so filed, and due notice given to all parties of
the time so fixed; provided, oral argument will be deemed waived unless written request
is made therefor at the time exceptions are filed. If exceptions are not filed, as herein
provided, the attached report and recommended decision will become effective and final
on November 16. 2001 unless the Commission, upon its own Initiative, with notice to
parties of record modifies or changes said Order or decision or postpones the effective
date thereof.
The report and Recommended Omer attached shall be construed as tentative only
until the same becomes final In the manner hereinabove set out.
STATE OF NORTH CAROLINA
UTILITIES COMMISSION
:"111=11cl:l
DOCKET NO. W-1160
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
In the Matter of
Application by KDHWWTP, LLC., Post Office Box }
3629, Kill Devil Hills, North Carolina 27948, for ) RECOMMENDED
Authority to Transfer the Franchise to Provide Sewer ) ORDER APPROVING
Utility Service in the Outer Banks Beach Club Service } TRANSFER AND
Area In Dare County, North Carolina, from Outer ) APPROVING RATES
Banks Beach Club, Ina, and for Approval of Rates )
HEARD IN: Kill Devil Hills Town Hall, 102 Town Hall Drive, KIII Devil Hills, North
Carolina, on Thursday, September 20, 2001, at 7:00 p.m.
BEFORE: Ronald D. Brown, Hearing Examiner
APPEARANCES:
For KDHWWTP, LLC.:
Robert F. Page, Vandeventer Black L.LP, 1305 Navaho Drive, Suite 302,
Raleigh, North Carolina 27609-7444
For Peppertree Resort Villas, Inc.:
Marcus W. Trathen, Brooks, Pierce, McLendon, Humphrey & Leonard, LLP,
Post Office Box 1800, Raleigh, North Carolina 27602-1800
For the Using and Consuming Public
Robert S. Gillam, Staff Attorney, Public Staff - North Carolina Utilities
Commission, 4326 Mail Service Center, Raleigh, North Carolina 27699-4326
BROWN, HEARING EXAMINER: On August 6, 2001, KDHWWTP, LLC.
(Applicant), filed an application with the Commission seeking authority to acquire the
franchise and assets of the sewer system presently franchised to Outer Banks Beach Club,
Inc. (OBBC). The application indicated that Peppertree Resort Villas, Inc. (Peppertree),
Is the successor by merger to OBSC and Is the current owner of the sewer system.
Peppertree has not applied for or received a Certlficate of Public Convenience and
Necessity from this Commission.
On August 23, 2001, the Commission Issued an order scheduling this matter for
hearing and requiring customer notice.
The hearing was held on September 20, 2001, as scheduled In kill Devil Hills, North
Carolina. Counsel for the Applicant and Peppertree were not present at the hearing.
During the hearing, the Public Staff moved that the hearing be limited to the testimony of
public witnesses. The Applicant, through its manager who was present at the hearing,
Indicated that it did not object to the motion, and the motion was granted.
On September 24, 2001, Peppertree filed a Certificate of Service Indicating that
customer notice had been given as ordered by the Commission.
On October 24, 2001, the Applicant, Peppertree, and the Public Staff filed a Joint
stipulation settling the Issues between the parties In this proceeding and requested that
the franchise be approved Immediately, subject to the conditions contained In the
stipulation.
On the basis of the verified application, the stipulation, and the records of the
Commission, the Hearing Examiner makes the following
FINDINGS OF FACT
1. The Applicant Is properly before the Commission seeking approval for the
transfer of the utility assets currently owned by Peppertree, franchised to OBBC, and
serving customers In the Outer Banks Beach Club service area.
2. The Outer Banks Beach Club service area includes only the tracts of land
occupied by the customers who are receiving service on the day of transfer, together with
the approximately 73 acre tract presently designated for use as the Outer Banks Beach
Club wastewater treatment and disposal system. A map of the service area has been filed
In this docket.
3. The facilities currently used to provide sewer utility service by Peppertree are
not In compliance with the Division of Water Quality (DWQ) regulations governing
operation and maintenance of a nondischarge wastewater treatment and disposal faculty.
The Applicant should be required to address DWQ noncompliance and bring the facilities
Into full compliance with DWQ regulations within" 18 months after the transfer.
4. Peppertree does not currently own or have control of its entire sewage
collection system. The Applicant should be required to acquire ownership of the entire
collection system Infrastructure within 12 months.
K
5. The rates proposed by the Applicant are the same rates currently being
charged by Peppertree. These rates have been In effect since October 1987, and are as
follows:
Monthly Flat Rate Residential Service:
bedroom $131i
Each additional bedroom 11 per bedroom
Nonresidential Service: $5.00 per 100 gallons per day of allocated capacil
Connection Fee: $6.44 per 100 gallons per day of allocated capacity
6. The nonresidential tariff Is applied to the "allocated capacity" that each
customer has purchased through various agreements between OBBC or Peppertree and
the customers. The Applicant and the Public Staff have agreed on the Individual
capacities purchased by each customer, which are Included In the Joint stipulation.
7. The Applicant should be required to review Its rate structure with the Public
Staff following 12 months of operation by the Applicant and to propose, jointly with the
Public Staff, any equitable modifications to the rate structure that will not result in any
Increase or decrease In its revenue requirement.
8. Service revenues In the amount of $22,206.24 was overcollected by
Peppertree from two customers. Peppertree should be required to refund these
overcollections from the proceeds of the sale of the utility system to the Applicant.
Peppertree should be required to file a letter with the Commission within 7 days after
dosing Indicating that the refunds have been completed.
9. The net book value of the Applicant's utility assets at the time of transfer is
$100,000, subject to any excess capacity adjustments in future rate case proceedings.
10. Any plant additions and collection of CIAC occurring subsequent to the
transfer, Including facility expansion or Improvement or de minimis amounts paid by the
Applicant to acquire entire ownership of the collection system, may be Included In rate
base, subject to review by the Public Staff in a general rate case proceeding. The
Applicant should be required to maintain appropriate documentation regarding plant
additions and CIAC.
11. The Applicant and the Public Staff have stipulated that a $75,000 bond
should be sufficient for the Outer Banks Beach Club service area. The Applicant has
posted a $75,000 bond.
12. The Applicant has the technical, managerial, and financial capacity to
provide sewer utility service In the Outer Banks Beach Club service area.
13. The parties have waived the right to file exceptions to a recommended order
as it relates to the issues contained herein.
14. Granting the transfer of the franchise for sewer utility service In the Outer
Banks Beach Club service area from OBBC to the Applicant Is justified by the public
convenience and necessity.
CONCLUSIONS
Based upon the foregoing, the Hearing Examiner Is of the opinion that the bond and
surety should be accepted and approved, that the stipulation of Peppertree, the Applicant,
and the Public Staff should be approved, that the franchise for sewer utility service In the
Outer Banks Beach Club service area should be transferred to the Applicant, and that the
rates currently approved for OBBC should be approved for the Applicant.
IT IS, THEREFORE, ORDERED as follows:
1. That the letter of credit filed in this proceeding, as surety for the bond in the
amount of $75,000 required by the Commission, is hereby accepted and approved.
2. That upon receipt of written confirmation that the transfer has been
completed, KDHWWTP, LLC., Is granted a Certificate of Public Convenience and
Necessity to provide sewer utility service In the Outer Banks Beach Club service area In
Dare County, North Carolina.
3. That the franchise currently held by Outer Banks Beach Club, Inc. shall be
canceled upon receipt of written confirmation that the transfer has been completed.
4. That Appendix A constitutes the Certificate of Public Convenience and
Necessity.
5. That the Schedule of Rates, attached as Appendix B, Is approved for
KDHWWTP, LLC., and is deemed filed with the Commission pursuant to G.S. 62-138.
6. That a copy of the Notice to Customers, attached as Appendix C, and the
Schedule of Rates, attached as Appendix B, shall be mailed with sufficient postage or
hand delivered by KDHWW- P, LLC., to all customers in connection with the next regular
bllling process.
7. That the Joint Stipulation of Peppertree Resort Villas, Inc., KDHWWTP,
LLC., and the Public Staff, filed on October 24, 2001, is hereby approved.
4
8. That KDHWWTP, LLC., shall address DWQ noncompliance and bring Its
facilities Into full compliance with DWQ regulations within 18 months after the transfer.
9. That KDHWWTP, LLC., shall acquire ownership of the entire collection
system Infrastructure within 12 months.
10. That Peppertree Resort Villas, Inc., shall refund the overcollections it has
received from its customers from the proceeds of the sale of the utility system and shall
file a letter with the Cornrnission within 7 days after dosing Indicating that the refunds have
been completed.
11. That KDHWWTP, LLC., shall maintain appropriate documentation regarding
plant additions and CIAC.
12. That this docket shall remain open for a sufficient period of time to allow
KDHWWTP, LLC., and the Public Staff to evaluate the rate structure applicable to service
In the Outer Banks Beach Club service area rendered by KDHWWTP, LLC., and to jointly
recommend any modification deemed necessary by them.
ISSUED BY ORDER OF THE COMMISSION.
This the 31 st day of October , 2001.
NORTH CAROUNA UTILITIES COMMISSION
rb102 .01 Geneva S. Thigpen, Chief Clerk
5
STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
APPENDIX A
DOCKET NO. W-1160
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
Is granted this
to provide semi utility service
In
Dare County, North Carolina
subject to any orders, rules, regulations,
and conditions now or hereafter lawfully made
by the North Carolina Utilities Commission.
ISSUED BY ORDER OF THE COMMISSION.
This the 31 st day of October , 2001.
NORTH CAROLINA UTILITIES COMMISSION
Geneva S. Thigpen, Chief Clerk
APPENDIX B
for
for providing sewer utility service in
Dare County, North Carolina
1 bedroom unit $13.00
Each additional bedroom $ 3.00 per bedroom
$5.00 per 100 gallons per day of allocated capacity
$6.44 per gallon per day of allocated capacity
If sewer service cut off by utility for good cause $15.00
On billing date
15 days after billing date
Shall be quarterly for service in arrears
1 % per month will be applied to the unpaid
balance of all bills still past due 25 days after
billing date.
$25.00
Issued In Accordance with Authority granted by the North Carolina Utilities Commission
in Docket No. W-1160 on this the 31 st day of October, 2001.
STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
APPENDIX C
�10611.1 =11 11111\
BEFORE THE NORTH CAROUNA UTILITIES COMMISSION
In the Matter of
Application by KDHWWTP, LLC., Post Office Box )
3629, Kill Devil Hills, North Carolina 27948, for }
Authority to Transfer the Franchise to Provide Sewer ) NOTICE TO
Utility Service in the Outer Banks Beach Club Service ) CUSTOMERS
Area In Dare County, North Carolina, from Outer )
Banks Beach Club, Inc., and for Approval of Rates )
NOTICE IS HEREBY GIVEN that t
approved the transfer of the sewer system
Club, Inc., to KDHWWTP, LLC.
ie North Carolina Utilitles Commission has
presently franchised to Outer Banks Beach
The Commission -approved rates have not changed and are attached hereto in the
Schedule of Rates, Appendix B.
ISSUED BY ORDER OF THE COMMISSION.
This the 31 st day of October , 2001.
NORTH CAROUNA UTILITIES COMMISSION
Geneva S. Thigpen, Chief Clerk
Average Yearly Flow for:
1an.2022
Feb.2022
Mar.2022
Apr.2022
M ay2022
Jun2022
Ju12022
Aug2022
Sept2022
Oct2O22
Nov2022
Dec2022
Facility name, Permit #
Permitted Flow:
116354.8387
135285.7143
154258.0645
218633.3333
227129.0323
303300
346129.0323
309161.2903
249266.6667
198838.7097
KDHWWTP
WQ0002829
145733
144322.5806
212367.6886 Avg. Flow
2022 % of Permitted Flow:
660,000
0.321769225
(<80%/90% 0K)