HomeMy WebLinkAboutWQ0002284_NOV-2021-PC-0434 NOI_20210825ROY COOPER
Governor
ELIZABETH S. BISER•
Secrerary
S. DANIEL SMITH
Director
Certified Mail # 70201810000159809485
Return Receipt Requested
Ray E Hollowell, Jr
Outer Banks/Kinnakeet Associates, LLC
8351 Fern Lane
Connelly Spring, NC 28612
NORTH CAROLINA
Environmental Quality
August 25, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-PC-0434
Permit No. WQ0002284
Dare County
Dear Mr. Hollowell:
The North Carolina Division of Water Resources conducted an inspection of August 17, 2021. This inspection was
conducted to verify that the facility is operating in compliance with the conditions and limitations specified in
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 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 Irrigation equipment is not operational. WARO believes all water is going to the
irrigation/high-rate pond. Required monitoring wells have not yet been installed.
Treatment Clarifiers
No flow was going over the weirs at the time of inspection. Both clarifiers are broken.
One is drained and parts have been robbed to work on second clarifier. Second clarifier is
broken and sweep arms are not functional. Floating sludge is visible in the clarifier.
Treatment Flow ORC stated flowmeter is in need of repair.
Measurement -Effluent
Standby Power ORC stated that generator is not operable.
Inspection Area Description of Violation
Miscellaneous Questions Permittee failed to install monitoring wells.
Miscellaneous Questions Permittee failed to repair damaged roof.
Miscellaneous Questions Permittee failed to submit required waivers and site map
Treatment Filters Travelling bridge filter is not operational. ORC states it will only operate in hand mode,
however, when on site the bridge would only travel a limited distance.
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 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.
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 additional information provided. 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 should have any questions, please do not hesitate to contact Robert Tankard with the Water Quality Regional
Operations Section in the Washington Regional Office at 252-945-7658.
Sincerely,
Rottal Te.4-4441
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Laserfiche