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HomeMy WebLinkAboutWQ0031857_Pre-Review Return_20231212ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director DAVID KELLY, II — TOWN MANAGER TOWN OF OAK ISLAND 4601 EAST OAK ISLAND DRIVE OAK ISLAND, NORTH CAROLINA 28465 Dear Mr. Kelly, NORTH CAROLINA Environmental Quality December 12, 2023 Subject: Application No. WQ0031857 Permit Application Return Oak Island Satellite WRF Reclaimed Water Generation, Bulk Distribution, Conjunctive Utilization, and High -Rate Infiltration System Brunswick County This letter is in response to the permit renewal request received on December 1, 2023. During the pre -review process, the Division noted that the following items were missing from the submitted application package: The submitted Non -Discharge System Renewal application (FORM: NDSR 11-13) is an outdated renewal application. Please complete and sign the High -Rate Infiltration System — Renewal Application (FORM: HRIS-R 02-21) and the Reclaimed Water System — Renewal Application (FORM: RWS-R 02-21), and upload as a single PDF at our online portal. For future applications, please check the Non -Discharge Applications webpage to ensure you are using the most recent forms. Accordingly, the Division is returning your permit renewal request as incomplete pursuant to 15A NCAC 02T .0107(b). The success of the Non -Discharge Branch's permitting process depends upon the receipt of complete and accurate applications and supporting documentation. Please amend the application package to include omitted items noted above and resubmit with the appropriate permit processing fee. When resubmitting, please submit the application electronically as a single PDF via the Non -Discharge online portal. 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. 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 ,.,roMMm 0­; /I 919,707,9000 Mr. David Kelly, II December 12, 2023 Page 2 of 2 If you need additional information concerning this letter, please contact me at (919) 707-3653 or nathamcl.thornburR&deq.nc. gov. Sincerely, EwDocuSigned by: D1043082680C483... Nathaniel D. Thornburg, Branch Chief Division of Water Resources Enclosure cc: Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) State of North Carolina Department of Environment and Natural Resources DWR Division of Water Resources NON -DISCHARGE SYSTEM RENEWAL Division of Water Resources INSTRUCTIONS FOR FORM: NDSR 11-13 & SUPPORTING DOCUMENTATION This form is for renewal without modification for all non -discharge system permits, except Residuals Management permits. For more information, visit the Water Quality Permitting Section's Non -Discharge Permitting Unit website at: htt :11 ortal. ncdenr. or /web/w /a s/1au A. Non -Discharge System Renewal (FORM: NDSR 11-13) Application (All Application Packages): ® Submit one original and one copy of the completed and appropriately executed Non -Discharge System Renewal (FORM: NDSR 11-13) application. ® The Applicant's Certification shall be signed in accordance with 15A NCAC 02T .0106 F Per ' SA NCAC 02T .0106(ci, an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106 b . B. Existing Permit (All Application Packages): ® Submit two copies of the most recently issued permit. C. Certificate of Public Convenience and Necessity (All Application Packages for Privately -Owned Public Utilities): ❑ Per 15A NCAC 02T .01 15a 1), provide two copies of the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the non -discharge system. D. Operation and Maintenance Agreement (All Application Packages for Single -Family Residences): ❑ Submit one original and one copy of the signed Operation and Maintenance Agreement ff0KMLSFRWWIS O&lv, ). E. Operational Agreements (All Application Packages for Home/Property Owners' Associations and Developers of lots to be sold): ➢ Home/Property Owners' Associations ❑ Per 15A NCAC 02T .0115(c, submit an original and one copy of the properly executed HOA). ❑ Per 15A NCAC 02T .0115 c , submit an original and one copy of the proposed or approved Articles of Incorporation, Declarations and By-laws. ➢ Developers of lots to be sold ❑ Per 15A NCAC 02T .0115 b submit an original and one copy of the properly executed O erational Agreement FORM: DEV . F. Site Map (All Application Packages for permits originally issued or modified after September 1, 2006): ® Submit two copies of an updated site map in accordance with 15A NCAC 02T .0105 d . THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED TO: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE PERMITTING UNIT By U.S. Postal Service: 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 TELEPHONE NUMBER: (919) 807-6464 By Courier/S ecial Deliver : 512 N. SALISBURY ST. RALEIGH. NORTH CAROLINA 27604 FAX NUMBER: (919) 807-6496 C� NCDFQ/D'; 2023 Non-nI.Fah�� INSTRUCTIONS FOR FORM: NDSR 11-13 & SUPPORTING DOCUMENTATION Page 1 of 1 State of North Carolina Department of Environment and Natural Resources DWR Division of Water Resources NON -DISCHARGE SYSTEM RENEWAL Division of Water Resources FORM: NDSR 11-13 I. PERMITTEE INFORMATION: 1. Permittee's name: Town of Oak Island 2. Signature authority's name: Lisa Stites per 15A NCAC 02T .0106Ib1 Title: Interim Town Mana,er 3. Permittee's mailing address: 4601 East Oak Island Drive City: Oak Island State: NC Zip: 28465-5211 4. Permittee's contact information: Phone number: (910) 278-5011 Email Address: LStites@ci.oak-island.nc.us II. FACILITY INFORMATION: 1. Facility name: Oak Island Satellite Water Reclamation Facility 2. Facility's physical address: Yacht Drive City: Oak Island State: NC Zip: 28465- County: Brunswick III. PERMIT INFORMATION: 1. Existing permit number: WQ0031857 and most recent issuance date: February 16 2015 2. Existing permit type: Conjunctive Reclaimed Water Utilitization 3. Has the facility been constructed? ® Yes or ❑ No 4. Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120: Has the Applicant or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.6B? ❑ Yes or ® No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ® No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ® No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ® No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105 e 2 ? ❑ Yes or ® No Applicant's Certification per 15A NCAC 02T .0106[b]: I, attest that this application for (Signature Authority's name & W4 from Application Item I.2.) �*r ^ 144 (Facility name from Application Item II.1.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that any discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. I further certify that the Applicant or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A NCAC 02T .0105(c). NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: _ Date: 11 ' L15 FORM: NDSR 11-13 Page 1 of 1