WQ0002829_Other_20170213

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STATE OF Nom CA&oLrNA
DEPARTMENT of JUSTICE'
'OS" STEIN
11.0. AQX-699 IMPLY 1'01,JENNIE WUMM HAMER
Y C
A-rrORXE ENMAL
RALncii, NC 27602 ENVIRG' N M FNTAL D M S 10 N
'Pita (919)
716-66QO
FW (919)
7164767
fiamee @ficdqi.Vv
February, 13, 2017
KDHWWT?, LLC
Certirred MaillRetur# Receipt Beauested
John G. Gaw, Jr., Registered Agent
P.O. Box 3629
Kill Devil Hills, NC 27948
Re: Final Decision Granting Exception with Conditions
Dear Mr. Gaw:
At its January 11, 2016 meeting; the tnvirpninental Manage min Management Commission granted
KDEWWTP, L.L,C.'g request for an exception with conditions. Enclosed is the Final Agency
Decision. If for some, reason you do not agree with the terms as issued, KDHWWTP, L.L.C. has
the right to appeal the Commission's decision by filing a petition for judicial review in the
superior court within 30 days after receiving the order pursuant to the procedure set forth in the
agent for service of process at the following address:
General Counsel
Pcpt. of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601,
If you choose to file a petition for judicial review, I request that you also serve a copy of
the petition for judicial review on me at the address listed inthe: letterhead.
Sincerely,
Jennie Wilhelm Hauser
Special Deputy Attorney General and
Counsel for the Environmental Management Commission

r.
STATE OF NORTH CAROLINA
COUNTY OF DARE
IN THE MATTER OF: )
PETITION FOR EXCEPTION FROM )
15A NCAC 2H .0404(g)(7), )
pursuant to 15A NCAC 211.0407 )
KDHWWTP, L.L.C.
BEFORE THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
DECISION GRANTING
EXCEPTION WITH CONDITIONS
This matter came before the Environmental Management Commission (the Commission)
at its meeting on January 11, 2017, in Raleigh, North Carolina upon a request by KDHWWTP,
LLC (the Applicant) for approval of an exception, as provided in 15 NCAC 2H .0407, to the
"green area" requirements of 15A NCAC 2H. 0404(g)(7) for the Applicant's wastewater
treatment system located at Kill Devil Hills, Dare County, N.C.
Nathaniel D. Thornburg, Supervisor of the Non -Discharge Permitting Branch in the
Division of Water Resources (DWR) presented the request to the Commission. Based on the
information provided in the Applicant's request, D WR supported the request for an exception.
Upon consideration of the record documents and the staff recommendation on the
Applicant's request, and based upon the Water Quality Committee's recommendation for
approval of the request, the Commission hereby makes the following:
FINDING OF FACTS
A. The Applicant owns a permitted wastewater treatment and high rate infiltration
non -conjunctive reclaimed water utilization system (WQ0002829) located in Kill Devil Hills,
Dare County, N.C. (the Site).

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H. The Applicant has agreed to modify the wastewater treatment facility to meet
more stringent effluent limitations for total nitrogen (7 mg/1) and total phosphorus (3 mg/1) to
better ensure protection of the State's water resources.
I. The Applicant will not be able to modify and improve the wastewater treatment
system to better protect the water resource without the exception to the "green area" requirement.
J. Staff highlighted in its presentation that, in 15A NCAC 02T .0105(n) the
Commission allows for the Director to approve use of alternative design criteria for non -
discharge systems, provided an applicant can demonstrate the design provides (1) equal or better
treatment of the waste; (2) equal or better protection of the waters of the State; and (3) no
increased potential for nuisance conditions from noise, odor, or vermin. In staff's estimation
KDHW WTP, LLC's application for the exception to 15A NCAC 2H .0404(g)(7) demonstrated
that its proposal provides for better treatment of the waste, better protection of the waters of the
State, and no increased potential for nuisance.
K. Also, pursuant to the requirements of Session Law 2013-413 (1113 74), requiring
State agencies to review and readopt existing rules, staff has developed proposed rule
amendments that were shared with stakeholders in April 2015 in which staff proposes that the
Commission repeal the requirements for "green areas" for non -discharge facilities currently
contained in 15A NCAC 02H .0404(g)(7). Staff highlighted in its presentation to the
Commission that the Department has not received comments expressing concern with the
proposed repeal.
L. Staff recommended the Commission grant the Applicant's exception request with
permit conditions.

2. The modified wastewater treatment system shall meet total nitrogen and total
phosphorous effluent limits of 7 mg/1 and 3 mg/1, respectively;
3. The system upgrades will include a one -hundred percent repair area located on the Site.
This is the day of February, 2017.
ENVIRONMENTAL MANAGEMENT
COMMISSION
J. D. Solomon, Chairman