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Home My WebLink AboutWQ0002284_Correspondence_19891025*T1 V>rASHINGTON OFFICE r� 1 `'OCT 2 5 19R.q (� State of North Carolina D. E M. Department of Natural Resources and Community Development 512 North Salisbury Street • Raleigh, North Carolina 27611 ` es G. Martin, Governor illiam W. Cobey, Jr., Secretary October 24, 1989 M E M O R A N D U M TO: Steve Tedder Don Safrit/Carolyn McCaskill r Tim-Mu'l l.igak 1--, FROM: Thomas Hilliard, II2-/ RE: Request for Hearing on Permit No. WQ Kinnakeet Shores Partnership v. EHNR File No. 89 EHR 0962 Dare County Joseph E. Slate, Jr., Director Office of Legal Affairs Thomas Hilliard, III Judith Robb Bullock Edwin L. Gavin II Robert R. Cclblum David G. Hemet Robin N. Michael James C. Hol"y Elizabeth E. Rouse Yvonne C. Bailey 0002284 Attached is the Petition, Notice of Contested Case and Order for Prehearing Statements in the above matter. Please review and give me a brief statement as to the specific facts, rules and reasons supporting the Division's position on each matter in dispute. Please give me a list of witnesses who are the most qualified to testify about the matters in dispute. I will need your comments by Friday, November 3, 1989 in order to meet the filing deadline for the Prehearing Statements. Thank you. THIII/dab Attachments cc: R. Paul Wilms P.O. Box 27687 Raleigh, North Carolina 27611-76g7 Telephone 919-733-7247 An Equal Opportuntty Affir madve Action Employer STATE OF NORTH CAROLINA COUNTY OF DARF IN THE OFFICE OF t ADMINISTRATIVE HEARINGS WASH INGTONEpFFICE (1) KINNAKEET SHORES PARTNERSIIP ) Petitioner, (Your Name) ) VERSUS ) (2) DIVISION OF ENVIRONMENTAL ,MAI AGEMENT Respondent. ) (The State Agency or Board about which you are ) complaining) ) OCT 2 5 198.9 PETITION FOR A 1)• E, ly CONTESTED CASE IIEARING I hereby ask for a contested case hearing as provided for by G.S. 15OB-23 because the (3)Div, of Environmental Mgmt _ has (briefly state facts showing how yo _' }eve yw"[ (name of agency) been harmed by the state agency or board) SEE ATTACHED NARRATIVE CJ i (if more space is needed, use additional sheets and attach) " (4) (Check all that apply): Because of these facts, the agency has: deprived me of property; ordered me to pay a fine or civil penalty; or X has otherwise substantially prejudiced my rights; and based on these facts the agency has exceeded its authority or jurisdiction; acted erroneously; failed to use proper procedure; X acted arbitrarily or capriciously; or _failed to act as required by law or rule. VERIFICATION 1, the undersigned, first being duly sworn, say that this petition is true to my own knowledge, except as to matters stated on information and belief, and as to those, 1 believe them to be true. SWORN TO AND SUBSCRIBED BEFORE ME (10) September 28, 1989 Date l% J .. .:..� Signatur ' ;Notary Public Title of.person authorized to administer oaths N r . L • (5) September 28, 1989 Date (6)_ KINNAKEET SHORES GENERAL PARTNERSHIP Your Signa re (7) B (8)_ P. O. Box 1895 Kill Devil Hills, NC Your Address 27948 (9) Area Code (919 441-3113 Your Telephone Number Mail the original to the Office of Administrative I Icarings, P. O. Drawer 11666, Raleigh, N.C. 27604 and mail a copy to the State agency involved. H-06 KINNAKEET SHORES PARTNERSHIP, a North Carolina General Partnership V. STATE OF NORTH CAROLINA, DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES, DIVISION OF ENVIRONMENTAL MANAGEMENT Conditions 19 and 21 require semi -weekly raking of the distributor fields and prohibits the use of rotor tillers on rotary distribution fields. The applicant feels that the condition should set the standard to be met without specifying the sole means by which the standard could be met. For instance, conditions 19 and 21 should be re -written to require the operator to keep the rotary distribution fields free of vegetation through whatever means necessary and as often as required. It appears that condition 28 and condition 51 have merged to mandate that the permittee require the operator of the. facility to perform the activities and maintain the records in conditions 28 and 51. The permittee is not an expert in the operation of wastewater treatment plants and will operate those facilities through operators who are authorized by law to operate this type of facility within the scope of the permit. With respect to condition 46, the undersigned is informed, believes and alleges on information and belief that the technology necessary to develop the model to demonstrate the items set forth in condition 4b does not now exist. Condition 52 s ld be modified to provide that the design capacity to 220,000 � small not exceed 220,000 average monthly f ow��r any30 day period. 1 CERTIFICATE OF SERVICE I certify that this Petition has been served on the State agency named below by depositing a copy of it with the United States Postal Service with sufficient postage or by delivering it to the named agency. Served on: (14) R. Paul Wilms, Director (name) Division of Environmental Management (16) State of North Carolina (agency) (16) P. O. Box 27687 (address) (17) This the 28th day of Septem)2�cr ,�� ,� 19 89 _ Attorney for Petiti STATE OF NORTH CAROLINA COUNTY OF DARE KINNAKEET SHORES PARTNERSHIP Petitioner VERSUS 11AS;i11yGT IVED ON OFFICE FILE OCT251989 OFFICE F -_E Afr.. ADF+.IKI;TR,1 IN THE OFFICI OF MT D F�7 HEARINGS OCT 12 11 C7 G ��9oFF�cr OF TIaC` SYC�FTARY' 0962 N. C. DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES Respondent ENVIRONMENT, HEALTH 4 AND NATURAL RESOURCE NOTICE OF CONTEST D CASE AND ASSIGNME.T G.S. 150B-23, 33(b)(4) NOTICE IS HEREBY GIVEN that a petition for a contested case hearing pursuant to G.S. 15OB-23(a) was filed in and accepted by the Office of Administrative Hearings on September 29, 1989. In accordance with G.S. 150B-23(a) and 26 NCAC 3 .0003, Genie Rogers, Administrative Law Judge, has been assigned to preside in this case. The administrative law judge may be contacted by mail at P. O. Drawer 11666, Raleigh, N.C. 27604, and the telephone number is 919/733-2698. The Respondent shall submit within 10 days a copy of the document constituting agency action which caused the filing of the Petition. A copy of any document or other item filed with the Office of Administrative Hearings should be sent to the other party at the time of filing. NOTE: You may receive an Order for Prehearing Statements to which you must respond within 30 days. This the G - day of .&I, 1989. Beecher R. Gray, Acting Chief Administrative Law Judge By: OCT Dean C. Farrar CC �HNR Chief Hearings Clerk ~ P.O. Drawer 11666 �S GnunSQk ,L Raleigh, N.C. 27604 \ 919/733-2698 -2- On this date mailed to: John B. Gaw Jr. Attorney at Law 1500 Croatan Hwy. Suite 104 Kill Devil Hill, NC 27948- Attorney for Petitioner William W. Cobey Jr., Sec. N. C. Department of Environment, Health and Natural Resources Attention: Legal Affairs 512 North Salisbury St. Raleigh, NC 27611- Respondent STATE OF NORTH CAROLINA FILED IN THE OFFICE OF OFFICE OF ADMINISTRATIVE HEARINGS COUNTY OF DARE ADMiN:c5 _ `,'_ 89 EHR 0962 na KINNAKEET SHORES PARTNERSHIP ) Petitioner ) VERSUS ) ORDER FOR PREHEARING STATEMENTS N. C. DEPARTMENT OF ENVIRONMENT, HEALTH ) AND NATURAL RESOURCES ) Respondent ) In order to permit the prompt preparation of this case for hearing, IT IS HEREBY ORDERED, pursuant to 26 NCAC 3 .0004, that each party file with the Office of Administrative Hearings and serve upon the other parties a Prehearing Statement containing your present position with regard to the following: 1. The issues to be resolved, and the statutes, rules, and legal precedent involved; 2. A brief statement of the facts and reasons supporting the party's position on each matter in dispute; 3. A list of proposed witnesses; 4. Whether you wish to pursue discovery. If so, the length of time required; 5. Requested location of hearing(s); 6. Estimated length of hearing; 7. If you do not have an attorney, your home and business addresses and telephone numbers; 8. The date by which you will be ready to have a hearing in this case; and 9. Other special matters. This Prehearing Statement must be filed and served within 30 days of the date of this ORDER. This the J—& day of 1989. 9 1to 1��, J lJ a Genie Rogers Administrative L Judge A copy of the foregoing was mailed to: John B. Gaw Jr. Attorney at Law 1500 Croatan Hwy. Suite 104 Kill Devil Hill, NC 27948- Attorney for Petitioner William W. Cobey Jr., Sec. N. C. Department of Environment, Health and Natural Resources Attention: Legal Affairs 512 North Salisbury St. Raleigh, NC 27611- Respondent This the � day of 1989. Dean C. Farrar Chief Hearings Clerk Office of Administrative Hearings P.O. Drawer 11666 Raleigh, N.C. 27604 919/733-2698