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Residents press county to block certificates of occupancy amid Eagle Creek sewage dispute; county says state permit limits its authority
Summary
A resident told the Board of Commissioners that Currituck Water and Sewer has ignored DEQ pump-and-haul requirements at Eagle Creek, and asked the county to withhold certificates of occupancy; county staff said state permit conditions limit the county’s authority and that DEQ has not directed the county to stop issuing permanent COs.
A Currituck County resident told the Board of Commissioners on April 21 that homes near the Eagle Creek wastewater treatment plant are being occupied while the developer allegedly fails to comply with a state-issued pump‑and‑haul permit and a DEQ moratorium. The resident asked the county to pause certificates of occupancy until the state permit issues are fully enforced.
The speaker, Susan Powers of Eagle Creek, said a DEQ moratorium on new sewer taps was issued in February 2024 and that a pump‑and‑haul permit issued in August 2024 allowed construction to resume under specific pumping requirements. Powers said the pump‑and‑haul conditions required periodic hauling of wastewater but that she has not observed pump trucks doing the required hauling, and she reported that a notice of violation was filed in March after certificates of occupancy were issued despite the alleged noncompliance.
Why it matters: A malfunctioning or overloaded treatment system can cause extended outages, raw sewage exposure, and property impacts for nearby residents. Powers told the board the neighborhood experienced a 30‑day system shutdown previously and asked commissioners to use their permitting authority to protect nearby homes.
County staff responded that state environmental regulators (the Department of Environmental Quality) issued the pump‑and‑haul permit to Currituck Water and Sewer (CWS). The county attorney said the county does not have legal authority to withhold certificates of occupancy for permanent sites that are covered by a valid state permit unless DEQ directs the county otherwise. County staff reported that, to date, 37 certificates of occupancy related to that project have been issued.
The county manager said staff will invite DEQ to meet with county staff and commissioners to clarify what was permitted, what DEQ expects, and what enforcement actions (if any) remain available. Powers said she had contacted DEQ and had evidence of a notice of violation; she told the board she had not received a response from Currituck Water and Sewer.
What officials said: - Susan Powers (Eagle Creek resident): “That expired in December… I have not seen a single pump truck in our neighborhood.” - County Attorney (staff): “The County does not have the right to hold certificates of occupancy for permanent sites associated with a valid state permit. DEQ has indicated that they will not ask the County to not issue certificates of occupancy for permanent sites. To date… 37 certificates of occupancy have been issued.” - County Manager (Matt, county manager): said staff will ask DEQ to meet with county managers and commissioners to “get the definitive answer as to what was permitted, what’s being done and where we are.”
Next steps: Commissioners asked staff to request a DEQ briefing and to report back to the public. Powers requested that the county pause building permits and COs until the matter is clarified; staff replied that the county lacks statutory authority to do so absent DEQ direction. The county will provide updated information to the community after DEQ’s response.
Clarifying details: DEQ moratorium on new taps: February 2024 (as stated by a resident); pump‑and‑haul permit: issued August 2024 (resident); notice of violation: resident reported sending to CWS in March (resident); county staff statement: 37 certificates of occupancy have been issued to date (staff).
