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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