WQ0038695_Additional Information Request_20220413

April 13, 2022
JEFFREY MALARNEY – REGISTERED AGENT
H2OBX, LLC
115 GARDEN DRIVE
MANTEO, NORTH CAROLINA 27954
Subject: Application No. WQ0038695
Additional Information Request
OBX Waterpark Adventure WWTP
High-Rate Infiltration System
Currituck County
Dear Mr. Malarney:
Division of Water Resources’ Central and Regional staff has reviewed the application package
received February 3, 2022. However, additional information is required before the review may be
completed. Please address the items on the attached pages no later than the close of business on May 13,
2022.
Please be aware that you are responsible for meeting all requirements set forth in North Carolina
rules and regulations. Any oversights that occurred in the review of the subject application package are
still the Applicant’s responsibility. In addition, any omissions made in responding to the outstanding items
in Sections A through D, or failure to provide the additional information on or before the above requested
date may result in your application being returned as incomplete pursuant to 15A NCAC 02T .0107(e)(2).

Please reference the subject application number when providing the requested information. All
revised and/or additional documentation shall be signed, sealed and dated (where needed), with an
electronic response submitted to my attention at: https://edocs.deq.nc.gov/Forms/NonDischarge-Branch-
Submittal-Form-Ver2.

If you have any questions regarding this request, please contact me at [phone] or
[e-mail]. Thank you for your cooperation.
Sincerely,
Lauren Raup-Plummer, Engineer III
Division of Water Resources
cc: Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Mr. Jeffrey Malarney
April 13, 2022
Page 2 of 3
A. Cover Letter:
1. No comment.
B. Application Fee:
1. Not applicable.
C. Application (HRIS-R 02-21):
1. The applicant is listed as H2OBX, LLC. The previous permit was issued to OBX Waterpark
Adventure, LLC. Mr. Jeffrey Malarney appears to be affiliated with both organizations; however,
the relationship of these organizations is unknown. Is OBX Waterpark Adventure a subsidiary of
H2OBX, LLC? Please clarify ownership of the OBX Waterpark Adventure WWTP.
2. The ORC and Back-Up ORC appear to be switched in Section V. Our records indicate that Irvin
Edwards is the ORC with Jonathon Credle designated as the Backup ORC. If Mr. Credle is now
designated as the ORC with Mr. Edwards as the Backup, then please file the ORC Designation
form with the Water Pollution Control System Operators Certification Commission (WPCSOCC)
to update their records. Otherwise, please revise the application.
3. Within Sections VI, VIII, and IX the features are listed as being in “Parcel A”. Does “Parcel A”
correspond to Currituck County Parcel No. 0124000137L0000/Global PIN 9837-54-9004?
4. Section VI includes open-atmosphere treatment structures; however, it does not appear that the
storage swales adjacent to the treatment facility or the settling/mixing storage basin associated with
the groundwater lowering system were included in this list. Please complete the Section VI table
for these features.
5. The monitoring wells listed in Section VIII do not appear to correspond to the issued permit. Please
address the following:
a. The provided table listed multiple piezometers (P1 through P12); however, the permit issued
on February 24, 2017 and a note on the provided site map indicate that these piezometers were
scheduled to be abandoned. Have the piezometers been abandoned with a Well Abandonment
Record (GW-30) forms submitted as required per Condition I.5 of the permit issued February
24, 2017?
b. The provided table did not list monitoring wells MW-1 through MW-4 that were described in
the engineering plans, site map, and listed in the permit conditions and Attachment C of the
permit issued February 24, 2017. Our records still have the monitoring wells (MW-1 through
MW-4) in “proposed” status. Have the Well Construction Record (GW-1) forms, required per
Condition IV.10 of the permit issued February 24, 2017, been submitted along with the initial
monitoring forms (GW-59) for the monitoring wells?
D. Additional Documentation:
 Attachment A - Site Map:
1. No comment.
Mr. Jeffrey Malarney
April 13, 2022
Page 3 of 3
 Attachment B - Signature Authority Delegation:
1. No comment.
 Attachment C - Flow Reduction:
1. Not applicable.
 Attachment D – Certificate of Public Convenience and Necessity:
1. Not applicable.
 Attachment E - Operational Agreements:
1. An Operational Agreement was provided that references a “Unit Owners Association”. Is this
wastewater facility also receiving wastes from properties or sources outside of the waterpark?
Also, the provided Operational Agreement was with OBX Waterpark Adventure, LLC. A new
Operational Agreement is needed for H2OBX, LLC. Please provide clarification on
wastewater sources and provided an updated Operational Agreement, if necessary.
 Attachment F - Demonstration of Future Wastewater Treatment Capacities:
1. Not applicable.
 Attachment G - Property Ownership Documentation
1. Property ownership appears to have changed since the last permit issuance dated February 24,
2017. Please provide current property ownership documentation demonstrating that H2OBX,
LLC is the owner of all property containing the non-discharge system facilities (including
disposal and storage areas) meeting the requirements of 15A NCAC 02T .0704(f).
 Attachment H - Affiliations:
1. No comment.
 Attachment I – Existing Permit and Compliance Schedules:
1. See above Comment C.5.
 Attachment J - Civil Penalties and Outstanding Violations:
1. Not applicable.
 Attachment K - Industrial Wastewater:
1. Not applicable.
 Attachment L - Setback Waivers:
1. Not applicable.