WQ0002284_NOV-2021-PC-0139 NOI_20210215

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ROY COOPER [;1$-%
Governor
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MICHAEL S.REGAN
Secretory ,
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7019 2970 0001 3140 1296
Return Receipt Requested
February 15, 2021
Ray E Hollowell, Jr
Outer Banks/Kinnakeet Associates LLC
PO Box 34
Connelly Spring, NC 28612
SUBJECT: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
Tracking Number: NOV-2021-PC-0139
Permit No. WQ0002284
Kinnakeet Shores WWTP
Dare County
Dear Mr. Hollowell:
The North Carolina Division of Water Resources conducted an inspection of the Kinnakeet Shores WWTP on
December 18, 2020. This inspection was conducted to verify that the facility is operating in compliance with the
conditions and limitations specified in Non-discharge Permit No. WQ0002284. A summary of the findings and
comments noted during the inspection are provided in the enclosed copy of the inspection report.
The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Washington
Regional Office. The following violation(s) were noted during the inspection:
Inspection Area Description of Violation
End Use-Reuse The reclaim spray irrigation equipment does not work. All wastewater goes to the infiltration
pond. Last two visits, the turbidity meter has been malfunctioning. Do not know if
wastewater is diverted when wastewater does not meet reclaimed standards.
Treatment Clarifiers Clarifiers were observed during the inspection and were not working. Pictures are
attached at the end of the inspection report.
Standby Power ORC stated that the generator wasn't currently working.
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Inspection Area Description of Violation
Treatment Filters The ORC stated that the traveling bridge filter is not work. Filter has not worked now for
several inspections.
Turbidity Meter Turbidity meter was showing a malfunction light at time of inspection. This light has been on
for the last two inspections.
In accordance with Permit No. W00002284, the permittee shall effectively maintain and operate the facility at all times and in
the event the facility fails to perform satisfactorily, the permittee shall take immediate corrective action including Division
required actions.
In addition, the issues below must also be addressed:
Permit Schedule Violations:
Below, are violations of permit conditions that have not been addressed or completed.
1. The Permittee shall submit a permit modification by November 17, 2018, addressing the following:
a. Several residences appear to be within 100 feet of the 5-day upset pond. Any residences that are within 100
feet and were there prior to the permitting of the pond, must have a setback waiver. [15A NCAC 02T .0506(d)]
b. Easements for all parcels not owned by the applicant specifically indicating the intended use of the property
and meeting the condition of 15A NCAC 02L .0107(f). [15A NCAC 02U .0202(f)(3)]
c. Provide a table listing each irrigation field, property owner(s), and easement book and page.
d. A site map with a scale no greater than 1-inch equals 100 feet; however, special provisions may be granted
upon prior approval for large properties. At a minimum, the map shall include the following information: i. The
location and identity of each monitoring well. ii. The location and major components of the waste disposal
system. iii. The wetted perimeter of all irrigation fields. iv. The location and ownership of property boundaries
within 500 feet of the disposal areas. v. The location of all wells, streams (ephemeral, intermittent, and
perennial), wetlands, springs, lakes, ponds, ditches, and other surface drainage features within 500 feet of all
facilities. vi. The elevation of the top of the well casing (i.e., measuring point) relative to a common datum. vii.
The depth of water below the measuring point at the time the measuring point is established. Viii. The
delineation of compliance and review boundaries. ix. The minimum distance for approved setback waivers. x.
The date the map is prepared and/or revised. [15A NCAC 02T .0108(b)(2)]
2. The permit dated March 14, 2018 required that the Permittee provide a functioning flow meter for the reclaimed
irrigation system and have the reclaimed water spray irrigation system operational no later than August 1, 2018.
Per Notice of Violation NOV-2018-PC-0311, the Permittee failed to have the flow meter and reclaim irrigation
system operational by August 1, 2018. The Permittee remains in noncompliance with this permit condition and is
subject to daily civil penalty assessment until such time as compliance with this condition has been met.
3. The permit dated March 14, 2018 required that the Permittee install monitoring wells MW-10, MW-11, and
MW-12 prior to June 12, 2018. Per Notice of Violation NOV-2018-PC-0311, the Permittee failed to install the
wells prior to June 12, 2018. The Permittee shall install the wells and sample the monitoring wells per permit
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conditions. The Permittee remains in noncompliance with this condition and is subject to daily civil penalty
assessments until such time as compliance with this condition has been met.
4. Prior to April 1, 2019, the Permittee shall replace the tertiary filter media.
5. Prior to March 14, 2020, the Permittee shall repair the damaged roof above the wastewater treatment facility.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.
To prevent further action, please respond in writing to this office within 15 days upon your receipt of this Notice
of Violation regarding your plans or measures to be taken to address the indicated violations and other identified
issues, if applicable.
If you should have any questions, please do not hesitate to contact Sarah Toppen with the Water Quality
Regional Operations Section in the Washington Regional Office at 252-946-6481.
Sincerely,
RaGtix Te.siwa
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Bruce Miller (bruwmiller(@hotmail.com)
Mark Bissell, PE ([e-mail])
Laserfiche
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