HomeMy WebLinkAboutWQ0011313_Return_20240730
July 30, 2024
HERBERT H. PATRICK, JR. – PRESIDENT
FESTIVA REAL ESTATE HOLDINGS, LLC
ONE VANCE GAP ROAD
ASHEVILLE, NORTH CAROLINA 28805
Subject: Application No. WQ0011313
Permit Application Return
Peppertree Resort WWTP
High-Rate Infiltration System
Carteret County
Dear Mr. Patrick,
This letter is in response to your permit renewal request received on March 15, 2024.
In a letter dated June 10, 2024, Leah Parente of the Non-Discharge Branch asked you to provide
additional information (copy of letter attached) no later than the close of business on July 11, 2024. On
July 10, 2024, the Division approved a deadline extension request, and the additional information was due
no later than the close of business on July 25, 2024. As of today, the Division has not received this
information. Accordingly, the Division is returning your renewal application pursuant to 15A NCAC 02T
.0107(e)(2).
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., 6B., and 6C. The Division may assess civil penalties of up to $25,000
per day per violation for failure to secure a valid permit.
Please submit the requested additional information and associated renewal application within 30
days of receipt of this letter. Failure to provide the requested additional information and the associated
renewal application shall result in a Notice of Violation and may include a civil penalty assessment.
If you need additional information concerning this letter, please contact me at (919) 707-3653 or
nathaniel.thornburg@deq.nc.gov.
Sincerely,
Nathaniel D. Thornburg, Branch Chief
Division of Water Resources
cc: Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
June 10, 2024
HERBERT H. PATRICK, JR. – PRESIDENT
FESTIVA REAL ESTATE HOLDINGS, LLC
ONE VANCE GAP ROAD
ASHEVILLE, NORTH CAROLINA
Subject: Application No. WQ0011313
Additional Information Request #1
Peppertree Resort WWTP
High-Rate Infiltration System
Carteret County
Dear Mr. Patrick,
Division of Water Resources’ Central and Regional staff have reviewed the application package
received on March 15, 2024. However, the Division requires additional information before completing our
review. Please address the items on the attached pages no later than the close of business on July 11, 2024.
Please be aware that the Applicant is responsible for meeting all requirements set forth in North
Carolina rules and regulations. The Applicant is also responsible for any oversights that occur during the
review of the subject application package. The Division may return the application as incomplete pursuant
to 15A NCAC 02T .0107(e)(2) if any omissions are made when responding to the outstanding items in
Sections A through F or the Applicant fails to provide the additional information on or before the above-
requested date.
Please reference the subject application number when providing the requested information. The
Applicant shall sign, seal, and date (where applicable) all revised and/or additional documentation and
submit an electronic response to my attention via the Non-Discharge online portal.
If you have any questions regarding this request, please contact me at (919) 707-3656 or
leah.parente@deq.nc.gov. Thank you for your cooperation.
Sincerely,
Leah H. Parente, Geologist/Hydrogeologist
Division of Water Resources
cc: Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Mr. Patrick
June 10, 2024
Page 2 of 4
A. Operator in Responsible Charge (ORC):
1. In the submitted application for Permit WQ0011313, Daniel E. Fortin is listed as the Back-up ORC
for the Peppertree Resort High-Rate Infiltration System. However, Mr. Fortin has not been
designated as a Back-Up ORC for this facility. The Applicant shall submit a Water Pollution
Control System Operator Designation Form (attached) to designate Mr. Fortin as a Back-Up ORC
for this facility. It is important to note that the Non-Discharge Branch does not process this form.
Please submit the form to the Water Pollution Control System Operators Certification Commission
(WPCSOCC) by mail, fax, or email at the following address:
a. Mail: WPCSOCC
Mail Service Center
Raleigh, NC 27699-1618
b. Fax: (919) 715-2726
c. Email: certadmin@deq.nc.gov
B. Operational Agreement:
1. The Operational Agreement that was submitted as a part of the renewal application package for
Permit WQ0011313 is a copy of a previous Operational Agreement dated August 31, 2018. Please
submit a new Operational Agreement pursuant to 15A NCAC 02T .0115(a)(2).
C. Articles of Incorporation, Declarations, and By-laws:
1. The Declarations and By-laws for Festiva Real Estate Holdings, LLC were not included in the
renewal application package submitted for Permit WQ0011313. Please submit a copy of the
Declarations and By-laws pursuant to 15A NCAC 02T .0115(c).
D. Infiltration Sites:
1. The areas of Infiltration Site 1 and Infiltration Site 2 do not match the areas listed for these sites in
Permit WQ0011313 issued on November 15, 2018. The Applicant shall provide an explanation for
the discrepancy, or the Applicant shall submit a revised version of page 3 of form HRIS-R 02-21.
All areas should be listed in acres.
E. Site Map:
1. The Applicant shall submit an updated site map that meets the requirements of 15A NCAC 02C
.0105(e)(5), 02T .0108(b)(1)(B), 02T .0704(d) that shall include:
a. Legend, north arrow, and scale.
b. Topographic contour intervals not exceeding 10 feet or 25 percent of total site relief.
c. All habitable residences or places of assembly within 500 feet of the infiltration area.
d. Location of all wells, streams (ephemeral, intermittent, and perennial), springs, lakes,
ponds, ditches, and other surface drainage features within 500 feet of the infiltration area.
e. Location and identification of each monitoring well.
f. Latitude and longitude coordinates of each monitoring well to the sixth decimal degree.
g. Location and identification of all wastewater treatment and storage units.
Mr. Patrick
June 10, 2024
Page 3 of 4
h. The perimeter of all infiltration areas with site names as listed in Attachment B.
i. Location and ownership of property boundaries within 500 feet of the infiltration area,
including rights-of-way and easements.
j. Latitude and longitude coordinates of the established horizontal control monument to the
sixth decimal degree.
k. Elevation of the top of the well casing (i.e., measuring point) relative to a common datum.
l. Depth of water below the measuring point.
m. Delineation of the compliance and review boundaries.
n. Distance measurements verifying all setbacks.
o. Stormwater drainage controls.
p. 100-year floodplain (if present).
q. The date the map is prepared or revised.
r. Location of the groundwater lowering system and discharge point(s).
F. Facility Description:
1. The Applicant shall submit a review of the current facility description (below) from a North
Carolina licensed Professional Engineer certifying that the description is correct and/or providing
a description of any changes that have been made to the facility.
“continued operation of an 80,000 gallon per day (GPD) wastewater collectin, wastewater
treatment and high-rate infiltration facility consisting of the:
continued operation of a wastewater collection system consisting of: 1,175 linear feet (LF) of 8-
inch gravity sewer; and all associated piping, valves, controls, and appurtenances; the
continued operation of a wastewater treatment system consisting of: a 37,500 gallon flow
equalization basin with two 63 cubic feet per minute (CFM) blowers, a 50 gallon per minute
(GPM) mixing pump, and two 155 GPM equalization pumps; a manually cleaned bar screen; a
flow splitter box; a 15,000 gallon anoxic basin with a 50 GPM mixing pump; a 23,000 gallon
anoxic basin with two 94 GPM grinder pumps, and a 50 GPM mixing pump; a flow splitter box; a
31,100 gallon aeration basin with two 300 CFM blowers, and a 170 GPM mixed liquor return
pump; two 3,550 gallon clarifiers each with a 22 GPM return activated sludge pump; a 2,400
gallon mudwell with two 50 GPM pumps; two 14.25 square foot (ft2) tertiary filters; a 2,240
gallon clear well with two 214 GPM backwash pumps; a 50,000 GPD ultraviolet (UV)
disinfection unit; a 43,500 gallon sludge holding tank with two 182 GPM blowers; a 5,750 gallon
dosing tank with 126 GPM and 124 GPM dosing pumps; a Netafim Arkal Model 40 drip
irrigation control and filter unit; highwater alarms; and all associated piping, valves, controls, and
appurtenances; the
continued operation of a wastewater treatment system consisting of: a 5,000 gallon influent lift
station/flow equalization basin with two 80 GPM pumps; two 22,500 gallon aeration tanks with
two 120 CFM blowers, and two 250 GPM mixed liquor return pumps; two 4,167 gallon clarifiers
with four 16 GPM return activated sludge pumps; a mudwell with duplex pumps; two 18 ft2
tertiary filters; a clearwell with two backwash pumps; a 1,345 gallon chlorine contact chamber; a
6,770 gallon dosing tank; two 18,375 aeration tanks with three 120 CFM blowers, and two 200
GPM return mixed liquor return pumps; a 7,700 gallon clarifier with two 26 GPM return
activated sludge pumps; a mudwell with duplex pumps; two 18 ft2 tertiary filters; a clearwell with
two backwash pumps; a 1,345 gallon chlorine contact chamber; a 45 kilowatt (kW) back-up
generator; and all associated piping, valves, controls, and appurtenances; and the
Mr. Patrick
June 10, 2024
Page 4 of 4
continued operation of a high-rate infiltration system consisting of: 1,068 LF of 6-inch PVC force
main; approximately 1,388 LF of 4-inch return line; a 0.58 acre high-rate infiltration area with
two 0.29 acre fields each containing 6,300 LF of drip line with 0.01 GPM emitters spaced 1 foot
on centers; and all associated piping, valves, controls, and appurtenances”