WQ0002284_Correspondence_19960417

State of North Carolina
Department of Environment,
Health and Natural Resources
Washington -Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
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DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
April 17, 1996
Mr. Dennis E. Williams
P.O. Box 1028
50234 Indian Ridge
Buxton, North Carolina 27920
Subject: Kinnakeet Shores Partnership
WQ0002284
Wastewater Treatment Plant
Dare County
Dear Mr. Williams:
I have read your letters of March 7, 1996 to Mr. Johnson of
the Dare County Health Department and March 28, 1996 to Mr. Uebler
of the Division of Environmental Health. Mr. Uebler is not with
the Division of Environmental. Management (DEM) and forwarded his
letter to me.
I'm sorry, the DEM regulatory authority does not extend to the
ownership of individual lots within a development. Kinnakeet
Shores Partnership has a permit with the DEM for the collection,
treatment and disposal of 220,000 gallons per day of wastewater.
The Division's collection system involvement focuses on main
gravity lines, pump stations and force mains. Individual taps are
considered to be contracts between the permit holder and the lot
owner. I called the Utilities Commission -Public Staff in your
behalf and inquired if they could help you. They also said your
situation was outside their authority.
I am unable to help you with the regulations at my disposal.
If I can be.of any assistance you may call me at 919-946-6481 ext.
223.
S'nc ely,
1
Al Hodge
Environmental Engineer
Washington Regional Office
1424 Carolina Avenue, Washington, NC 27a89 Telephone [phone] FAX (919) 975-R16
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Dennis E. Williams
P. O. Box 1028
50234 Indian Ridge
Buxton, N.C. 27920
March 28, 1996
Mr. Bob Uebler
State Division of Environmental Management
1424 Carolina Ave.
Washington, N.C. 27989
Re: Section .1938(g), NC Sewage Rules
Request for Clarification
Dear Mr. Uebler:
Please find enclosed my correspondence to Mr. Harry D. Johnson dated
March 7, 1996, and his reply dated March 13, 1996, concerning the sewage
permitting requirements for new construction on property where the
ownership of the real property is in dispute.
Mr. Johnson and I discussed his response to me by telephone and he
suggested that I correspond with your department for specifics regarding
sewage rules that relate to Kinnakeet Shores Subdivision, since the State
has regulatory authority and direct oversight for sewage permitting
matters for this particular development project.
The purpose of this inquiry is to clarify the rules as they relate to
property that I have an ownership interest in, and not the location of,
or operation of the central sewage system that, I am told by Mr. Johnson,
services the entire subdivison. The central sewage system is not
physically located on either of the properties I have an ownership
interest in, however, homes are being illegally built on properties that
I do have an ownership interest in, and are being connected to sewage
lines that are physically located on these properties, which I believe to
be in conflict with referenced sewage rules.
Since your division has regulatory authority over this matter, I ask that
you withdraw existing, and refrain from approving all new applications
for permits to connect newly constructed homes that are built on the
Benjamin Austin and G.M. O'Neal properties to septic/sewage lines until
such time as this property ownership issue has been resolved with
Kinnakeet Shores General Partnership.
-- -- - -- - -- - --- - --- ----- - -M

Dennis E. Williams
P. 0. Box 1028
50234 Indian Ridge
Buxton, N.C. 27920
March 7, 1996
Mr. Harry D. Johnson
Director, Dare County Health Department
P. 0. Box 1000
Manteo, N. C. 27954
Re: Banjamin Austin & G. M. O'Neal
Tracts of Undivided Property
DB 995 at Page 265
Dear Mr. Johnson:
The above referenced undivided properties are located at Avon
and have been incorporated into a.673.3 acre tract known as the Kinnakeet
Shores Subdivision. I have been in the process of clearing the title to
my mother's interest in these properties. The process has been very
costly but successful. However, my attempts at reaching an agreement
with Kinnakeet Shores General Partnership and their attorney, Mr. John G.
Gaw, Jr., have reached a stalemate. My concern is that while we
negotiate; construction, building, sand mining, and the unlawful removal
of sand from these properties continue at a relentless pace.
The above bit of background is provided for information purposes only.
The purpose of this letter is to make you aware that the ownership of
these properties are in dispute and the continued approval of
construction permits is, I believe to be, in violation of Health
Department Regulations.
My understanding is, that the Health Department is a regulatory agency to
enforce State of North Carolina Sewage Rules. Section .1938(g) of these
rules provide that "the entire sanitary sewage system shall be on the
property owned by the person owning the system." Since the ownership of
these properties are in dispute, how can KSGP continue to receive the
necessary permitting approval to commence new construction? I think you
would have to agree with me that all new applications for permits for
construction on these properties should include surveys, deeds, and title
insurance that fully support ownership.
I ask that you withdraw existing, and refrain from approving all
applications for permits that pertain to your department fpr construction
on the above referenced properties until such time as this property
ownership issue has been resolved.

Mr. Harry D. Johnson
March 7, 1996
Page 2
The matter regarding the portions of these properties that have already
been developed will continue to be addressed with Kinnakeet Shores
General Partnership.
Your cooperation in this matter is appreciated, and I look forward to
hearing from you at your earliest convenience.
Sincerely,
e1S. WILLIAMS