WQ0011313_NOV-2024-RV-0014 Expired Permit_20241017

October 17, 2024
CERTIFIED MAIL NO. 7018 1830 0001 8029 3344
RETURN RECEIPT REQUESTED
HERBERT H. PATRICK, JR. - PRESIDENT
FESTIVA REAL ESTATE HOLDINGS, LLC
ONE VANCE GAP ROAD
ASHEVILLE, NORTH CAROLINA 28805
Subject: Notice of Violation & Intent to Enforce
NOV-2024-RV-0014
Permit No. WQ0011313
Peppertree Resort WWTP
High-Rate Infiltration System
Carteret County

Dear Mr. Patrick:
In a letter dated July 30, 2024 (enclosed), the Division of Water Resources (Division) returned your
permit renewal request as incomplete, and has not received a revised renewal application. Records indicate
that Permit No. WQ0011313 issued November 15, 2018, expired September 30, 2023. As the Permittee,
you are responsible for renewing and maintaining this permit. Pursuant to administrative code 15A NCAC
02T .0109, and G.S. 143-215.1(d)(1), the Permittee shall submit a permit renewal request at least 180 days
prior to permit expiration.
The Permittee is responsible for renewing and maintaining this permit. Therefore, within 30 days
of this notification, please select one of the following three options:
1. PERMIT RENEWAL – Renewing the permit allows the Permittee to continue operating your
non-discharge system. The Permittee will be expected to pay all annual fees and follow all
operation and maintenance procedures specified in your new permit. Complete and submit the
enclosed High-Rate Infiltration renewal application (Form: HRIS-R 02-21) to apply for a
permit renewal. Once the Division receives a renewal application, Wilmington Regional Office
staff may conduct a site visit and inspect the non-discharge system. Upon completion of the
site visit and review of the application, the Division will issue a renewed non-discharge permit
for a length of up to eight years.

2. PERMIT RESCISSION – If the non-discharge system was never constructed or if it is no
longer active, the Permitee may request to rescind the permit. If both Central Office and
Regional Office approve the rescission request, the Division will also waive any overdue
annual fees. However, if the landowner wishes to construct or operate the subject non-
discharge system in the future, they will have to apply for and obtain a new permit at that time.
Please send an email to [e-mail] to request rescission.

Docusign Envelope ID: FDB83E6C-9876-44A2-82FA-1F55E8609DCD

Herbert H. Patrick, Jr. - President
Notice of Violation
Page 2 of 2

3. CHANGE OF OWNERSHIP - If you no longer own the property containing the subject
facilities, please request a Change of Ownership application and coordinate with the new
landowner(s) to complete it. As your permit notes, ownership of the permit does not transfer
with the land, therefore you are still responsible for the permit and annual fees until we can re-
issue the permit to the new landowner(s).

Submit all completed forms electronically as a single PDF to:
Files LESS than 20 MB: Files GREATER than 20 MB:
Email to OR Submit through our Online Portal
[e-mail] https://edocs.deq.nc.gov/Forms/Non-
Discharge-Branch-Submittal-Form-Ver2

Failure to request renewal, a change of ownership, or permit rescission within 30 calendar days
of this notice shall result in a civil penalty assessment for operating the subject facilities without a valid
permit, which 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.
If you have any questions, please contact Alys Hannum, of my staff, at [phone] or
[e-mail].
Sincerely,

Nathaniel D. Thornburg, Branch Chief
Division of Water Resources
Enclosures: Permit Application Return
High-Rate Infiltration System Renewal (HRIS-R 02-21)
cc: Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Leah Parente, Environmental Specialist II, Division of Water Resources
Laserfiche File (Electronic Copy)

Docusign Envelope ID: FDB83E6C-9876-44A2-82FA-1F55E8609DCD