WQ0014306_Notification of Sewer Moratorium_20240521

DocuSign Envelope ID: 0914590A-9C30-4D2F-AC38-9275C9D2976A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 21, 2024
CERTIFIED MAIL 9589 0710 5270 0283 9423 08
RETURN RECEIPT REQUESTED
Raymond Gottlieb
Sandler Utilities at Mill Run LLC 448 Viking Dr Ste 200
Virginia Beach, VA 23452-7331
CERTIFIED MAIL 9589 0710 5270 0283 9423 15
RETURN RECEIPT REQUESTED
Michael Myers
4700 Homewood Ct. Suite 108
Raleigh, NC 27609
Subject: Supplement to Notification of Sewer Moratorium
Permit No. WQ0014306 Eagle Creek WWTP Dare County
Dear Mr. Gottlieb and Mr. Myers:
On February 22, 2024, the Division of Water Resources issued a Notification of Sewer
Moratorium ("Moratorium") with respect to the Eagle Creek Wastewater Treatment Plant
("WWTP") on the grounds that the WWTP is unable to adequately collect and treat additional
waste. The Moratorium took effect on April 15, 2024.
Since issuance of the Moratorium, DWR has received notice that the WWTP has been sold to
Currituck Water and Sewer, LLC ("CWS"). An application to transfer Permit No. WQ0014306
("Permit") is currently pending with DWR. CWS has also provided written correspondence to
DWR indicating its intent to, among other things, (a) repair of the travelling bridge filter and the
reclaimed irrigation system such that they are fully and reliably operable, (b) ensure that
biosolids are disposed of per the permit requirements, and (c) improve the operating efficiency of
the WWTP's high -rate disposal system such that it operates below the 84%-of-capacity that was
reflected during the October, 2023, inspection.
In addition, CWS has informed DWR that it wishes to pursue a pump and haul permit as a
temporary alternative means of disposal for additional flow that is expected to be received by the
WWTP. Such an alternative would be implemented on an as needed temporary basis to avoid a
net increase in flow volume being received by the WWTP, beyond the existing connections and
29 new homes already approved, while measures are implemented to come into compliance with
the Permit.
North Carolina Department of Environmental Quality I Division of Water Resources
✓ Washington Regional Offic@ 943 Washington Square ]Mall
Moan caaouvnD_E Washington, North Carolina 27889
252-946-6481

DocuSign Envelope ID: 0914590A-9C30-4D2F-AC38-9275C9D2976A
This Supplement to the Notification of Sewer Moratorium is being issued to clarify application
of the Moratorium given CWS' interest in pursuing a pump and haul permit for disposal of
additional flow from new sewer taps while remedial measures are underway. The Moratorium is
hereby supplemented to include the following condition:
The Moratorium shall not prevent the Eagle Creek WWTP from receiving additional flow from
new sewer taps provided that an amount of flow equal to the wastewater design flow rate (75
gallons per day per bedroom (GPD/BR)) associated with any new sewer taps is withdrawn from
the equalization basin prior to being treated at the WWTP and disposed of pursuant to an
approved pump and haul permit. Under no circumstances shall the connection of new sewer
taps result in a net increase inflow to the WWTP. Any approved pump and haul permit shall
be temporary in nature with a duration not to exceed six months and shall not constitute a
permanent solution to satisfy wastewater disposal requirements.
Correspondence pertaining to this moratorium should be sent to the letterhead address. If you
have any questions about this letter, please contact David May at 252-948-3939.
Sincerely,
0DocuSigneedd by:
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2749BC61EE134BA...
David May, Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Washington Regional Office
Attachment
cc: Laserfiche
Currituck County Inspections
Albemarle Regional Health Services
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DocuSign Envelope ID: 0914590A-9C30-4D2F-AC38-9275C9D2976A
PUBLIC NOTICE
SEWER MORATORIUM
Eagle Creek Wastewater System
The Eagle Creek Wastewater Treatment Plant (WWTP) in Currituck County cannot accept the
discharge of additional waste to the Wastewater System due to problems associated with its
wastewater plant. The Eagle Creek WWTP was placed on a sewer moratorium at its wastewater
treatment plant effective April 15, 2024.
The Notice of Moratorium issued by the Division of Water Resources on February 22, 2024 has
been supplemented to provide that the Moratorium shall not prevent the Eagle Creek WWTP
from receiving additional flow from new sewer taps provided that an amount of flow equal to the
wastewater design flow rate (75 gallons per day per bedroom (GPDBR)) associated with any
new sewer taps, beyond the 29 number of new homes already approved, is withdrawn from the
equalization basin prior to being treated by the WWTP and shall be disposed of pursuant to an
approved pump and haul permit. Under no circumstances shall the connection of new sewer taps
result in a net increase in flow to the WWTP beyond the 29 connections already approved. Any
approved pump and haul permit shall be temporary in nature with a duration not to exceed six
months and shall not constitute a permanent solution to satisfy wastewater disposal requirements.
On the basis of thorough file review and application of Article 21 of Chapter 143, General
Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the
North Carolina Environmental Management Commission has determined that the Eagle Creek
WWTP is unable to adequately collect and treat waste tributary to its wastewater treatment
facility at its fully permitted capacity.
North Carolina General Statute 143-215.67(a) directs that no person subject to the provision of
NCGS 143-215.1, 143-215.108 or 143-215.109 shall cause or allow the discharge of any wastes
to a disposal system in excess of the capacity, which the disposal system cannot adequately treat.
The moratorium on additional sewer connections or additional flow will remain in effect until
Sandler Utilities at Mill Run LLC has rectified the current noncompliant conditions of the
facility and has obtained written permission from the North Carolina Environmental
Management Commission suspending the moratorium.
The permit and other information may be inspected during normal office hours at the Division of
Water Resources, 943 Washington Square Mall, Washington, North Carolina 27889, telephone:
[phone]. Copies of the information on file are available upon request and payment of the
costs of reproduction.
Questions regarding the status of the sewer moratorium should be directed to Brittney Willis at
[phone] or Michael Myers at [phone].
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