WQ0002284_Correspondence_19901121

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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Nlartin, Governor
Vlhlliam W. Cobey, Jr., Secretary
November 19, 1990
Iu1 u • . a_ WWI
TO: George T. Everett
Steve Tedder
Kent Wiggins
Jim Mulligan
FROM: Leigh L. StallingsA6--
Deputy General Counsel
RE: Outer Banks Beach Club, Inc. v. NCDEHNR
Dare County
Our File No. WQ 90-15
John C. Hunter
General Counsel
Office of General Counsel
Edwin L Gavin II
John P. Barkley
David C Heeter
J. Peter Rascoe. III
James C Hollo%ey
Leigh L Stallings
Robert R. GebUn
Billy R. Godwin
Elizabeth E. Rouse
Attached is a copy of the petition for a contested case
hearing filed in connection with the above matter.
I will keep you informed of all developments in this matter.
LLS/ah
Attachment
P.O. Boot 27687 • Raleigh. North Carokna 27611-7687 • Telephone [phone]
An Eaual O000rhmiiv Afflmrative Action Employer

November 8, 1990
a 'DECEIVED
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.NOV 15 1990
State of North Carolina EHNR
Office 'of Administrative Hearings - GENERAL COUNEEL
Post Office Drawer 11666
Raleigh, North Carolina 27604
RE: Petition for a Contested Case Hearing
Outer Banks Beath C1ub, Inc. - Wastewater Treatment Facility
Dear Sir:
Thank you .for sending us the necessary form to request an administrative
g. Enclosed lease find an executed original and a copy of the "Petition
for a Contested Case Hearing" regarding the above referenced subject.
Should other information be needed, please do not hesitate to contact me.
Sincerely,
OUTER BANKS BEACH CLUB, INC.
C. Wayne Kinser
President
vC`c Department of Environment, Health
Mr, John C. Hunter, Registered Agent Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611

STATE OF NORTH CAROLINA {
COUNTY OF (1) Dare ?
IN THE OFFICE OF
RAT1V& HEARINGS
:C. Wayne Kinser, President Y
(2) . Outer Banks Beach Club, Inc. )
Petitioner,
(Your Name) ) PETITION
VERSUS ) FOR A
CONTESTED CASE HEARING
(3)NC Dept Environment,Health,and Nat9ral Resources
Respondent. )
(The State Agency or Board about which you are ) .
complaining) )
A.
1 hereby ask for a contested case hearing as provided for by G.S. 150E-23 because the
(4) Environmental Management Comm. has (briefly state facts showing how you believe you have
(name of agency)
been harmed by the state agency or board)
agsessed the Outer Banks Beach Club, Inc. a penalty for failure to file reports on
the wastewater treatment plant. The re orts were in fact filed. The wastewater
facility was issued two permits covering the one facility. The reports were filed
under the most recent permit number.
(if more space is needed, use additional sheets and attach)
(5) (Check all that applyx
Because of these facts, the agency has:
deprived me of property-,
}{ ordered me to pay a fine or civil penalty; or
has otherwise substantially prejudiced my rights; and based on these facts the agency has
exceeded its authority or jurisdiction;
X acted erroneously;
failed to use proper procedure;
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
(11) November 8, 1990
Date
(12) we-69— —
Signature
(13)
Nile of person authorized to administer oaths
(14) My Commission Expires: June 3, 1992
(15) (Seal)
(6) Novembe 8, 1990
Date /
(7)
our e
(8) P.O. Box 6319
(9) Asheville, North Carolina 28816
our Address
(10) Area Code [phone]
Your Telephone Number
Mail the -original to the Office of Administrative Hearings, P. O. Drawer 11666, Raleigh. N.C. 27604 and mail
a copy to the State agency involved.
tk - (mwised 08-01-90) 11146

I certify that this Petition has been served on the State agency named below by depos-
iting a copy of it with the United State Postal Service with sufficient postage or by delivering
it to the named agency.
Served on: (16) John C. Hunter, Registered Agent
(name)
(17) Department of Environment, Health, and Natural Resources
(agency)
(18) P.O. Box 27687
(address)
Raleigh. North Carolina 27611
(19) This the 8th day of November 1990
C. Wayne nser, President -- --
Outer Ba4 Beach Club, Inc.
I1-06