WQ0002284_NOV-2021-LV-0548 NOI_20210726

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 70201810000159811747
Return Receipt Requested
Ray E Hollowell, Jr
Outer Banks/Kinnakeet Associates LLC
PO Box 34
Connelly Spg, NC 28612
NORTH CAROLINA
Environmental Quality
July 26, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-LV-0548
Permit No. WQ0002284
Kinnakeet Shores WWTP
Dare County
Dear Mr. Hollowell:
A review of the December 2020 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 BOD, 5-Day (20 Deg. C) 12/14/2020 15 26 Daily Maximum Exceeded
(00310)
001 BOD, 5-Day (20 Deg. C) 12/31/2020 10 15.5 Monthly Average Exceeded
(00310)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's Non -discharge Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
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If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
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. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
If you have any questions concerning this matter or to apply for an SOC, please contact Robert Tankard of
the Washington Regional Office at 252-948-3921.
Cc: Laserfiche
Bruce Miller, electronic copy
Mark Bissell, electronic copy
Sincerely,
Rix T444.411
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
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