WQ0002284_Return Application_20230419

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 19, 2023
TONY KONSUL — DIRECTOR OF OPERATIONS
OUTER BANKS/KINNAKEET ASSOCIATES, LLC
C/O CAROLINA WATER SERVICE OF NC, INC.
POST OFFICE BOX 240908
CHARLOTTE, NORTH CAROLINA 28224
Subject: Application No. WQ0002284
Permit Application Return
Kinnakeet Shores WWTP
Reclaimed Water System
Dare County
Dear Mr. Konsul:
This letter is in response to your permit renewal request received on November 7, 2022.
In a letter dated January 27, 2023, Lauren Raup-Plummer of the Non -Discharge Branch asked you
to provide additional information (copy of letter attached) no later than the close of business on March 1,
2023. The Applicant requested two extensions of this deadline, which the Division granted, extending this
date to March 31, 2023. As of today, the Division has not received this information. Accordingly, the
Division is returning your renewal application pursuant to 15A NCAC 02T .0107(e)(2).
Please be advised that construction and/or operation of the subject facilities without a valid
permit is a violation of G.S. 143-215.1, and may subject you to appropriate enforcement actions
pursuant to G.S. 143-215.6A.9 613., and 6C. The Division may assess civil penalties of up to $25,000
per day per violation for failure to secure a valid permit.
Please submit the requested additional information and associated renewal application within 30
days of receipt of this letter. Failure to provide the requested additional information and the associated
renewal application shall result in a Notice of Violation and may include a civil penalty assessment.
If you need additional information concerning this letter, please contact me at [phone] or
nathaniel.thornburg &ncdenr. gov.
Sincerely,
DocuSigned by,
Na a its T6VV& WO
D1043082680C483...
Nathaniel D. Thornburg, Branch Chief
Division of Water Resources
Enclosure
cc: Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Ray Hollowell, Outer Banks/Kinnakeet Associates, LLC (Electronic Copy)
Laserfiche File (Electronic Copy)
D � North Carolina Department of Environmental Quality i Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
'.'roMo W 0­; /I 919,707.9000

ROY COOPER lktv
Governor ELIZABETH S. BISERSecretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
January 27, 2023
TONY KONSUL — DIRECTOR OF OPERATIONS
OUTER BANKS / KINNAKEET ASSOCIATES, LLC
C/O CAROLINA WATER SERVICE OF NC, INC.
POST OFFICE BOX 240908
CHARLOTTE, NORTH CAROLINA 28224
Subject: Application No. WQ0002284
Additional Information Request
Kinnakeet Shores WWTP
Reclaimed Water System
Dare County
Dear Mr. Konsul:
Division of Water Resources' Central and Regional staff has reviewed the application package
received November 7, 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 March 1,
2023.
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 O, 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: hiips:Hedocs.deg.nc.gov/Forms/NonDischarge-Branch-
Submittal-Form-Ver2.
If you have any questions regarding this request, please contact me at [phone] or
Lauren.Plummergncdenr.gov. Thank you for your cooperation.
Sincerely,
DocuSigned by:
Docu igned
Lauren esasa
aup- Iummer, Engineer III
Division of Water Resources
cc: Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Ray E. Hollowell, Jr. — Outer Banks/Kinnakeet Associates, LLC (Electronic Copy)
Laserfiche File (Electronic Copy)
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROHNA -
oePemmencatE.W —rdalQuari /� 919.707.9000

Mr. Tony Konsul
January 27, 2023
Page 2 of 4
A. Cover Letter:
1. Not applicable.
B. Application Fee:
1. Not applicable.
C. Application (RWS-R 02-21):
1. Section VIII, Item 1 was not completed. Our records indicate that three wells (Le, MW-10, MW-
11, and MW-12) were proposed for installation. Please provide the status and location information
for MW-10, MW-11, and MW-12.
2. Section IX, Item 1 was not completed. Please provide the missing information for the utilization
fields associated with Permit No. WQ0002284.
D. Attachment A - Site Map:
1. An updated site map is required under Condition I.l.d of the existing permit issued on August 17,
2018. Please provide a site map that includes, at minimum:
a. The location and identity of each monitoring well.
b. The location of major components of the waste disposal system.
c. The wetted perimeter of all irrigation/utilization sites.
d. The location and ownership of site property boundaries within 500 feet of the treatment
facility, storage units, and utilization sites.
e. The location of all wells, streams (ephemeral, intermittent, and perennial), wetlands, springs,
lakes, ponds, ditches, and other surface drainage features within 500 feet of the treatment
facility, storage units, and utilization sites.
f. The elevation of the top of the well casing (i.e., measuring point) relative to a common datum.
g. The depth of water below the measuring point at the time the measuring point is established.
h. The delineation of compliance and review boundaries.
i. The minimum distance for approved setback waivers.
j. The date the map was prepared and/or revised.
E. Attachment B — Signature Authority Delegation:
1. No comment.
F. Attachment C —Flow Reduction:
1. Not applicable.

Mr. Tony Konsul
January 27, 2023
Page 3 of 4
G. Attachment D — Certificate of Public Convenience and Necessity:
1. The applicant indicated that Outer Banks/Kinnakeet Associates, LLC is a privately -owned public
utility. Please provide the Certificate of Public Convenience and Necessity from the North Carolina
Utilities Commission (NCUC) demonstrating that the Permittee is authorized to hold the utility
franchise.
H. Attachment E — Operational Agreement:
1. Not applicable.
L Attachment F — Demonstration of Future Wastewater Treatment Capacities:
1. Not applicable.
I Attachment G—Easement, Encroachment, and Lease Agreements:
The applicant indicated that the Permittee does not own all of the land associated with the
wastewater collection, treatment, conveyance, and utilization system. Pursuant to 15A NCAC 02T
.0116(c), please provide a copy of all easements, lease agreements, and encroachment agreements
allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance,
and utilization system on property not owned by the Permittee. Please note, easements for all
parcels not owned by the applicant should specifically indicate the intended use of the property and
meet the conditions of 15A NCAC 02L .0107(f).
K. Attachment H —Affiliations:
1. No comment.
L. Attachment I — Compliance Schedules:
The most recently permit issuance dated August 17, 2018, includes multiple conditions within
"Section I. Schedules". Please review the permit issuance dated August 17, 2018 and provide a
status update on the conditions listed therein that are not addressed separately in this information
request.
M. Attachment J — Civil Penalties and Outstanding Violations:
1. Please provide an update regarding the on -going improvements at the Kinnakeet Shores WWTP.
N. Attachment K—Industrial Wastewater:
1. Not applicable.

Mr. Tony Konsul
January 27, 2023
Page 4 of 4
O. Attachment L — Setback Waivers:
1. The applicant indicated that the existing permit includes setback waivers. Please provide copies of
the setback waivers that have been written, notarized, signed by all parties involved, and recorded
with the Dare County Register of Deeds. Waivers involving the compliance boundary shall be in
accordance with 15A NCAC 02L .0107.
2. Condition I.I.a of the existing permit noted that several residences were located within 100 feet of
the 5-day upset pond. Pursuant to 15A NCAC 02T .0506(d), any residences that are within 100
feet, and were there prior to the permitting of the pond, must have a setback waiver. Please confirm
whether these residences were constructed prior to the permitting of the pond, and if so please
provide the required setback waiver.