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Home My WebLink AboutWQ0002284_Enforcement (Other)_20210825ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality August 25, 2021 CERTIFIED MAIL 70192970000131401999 RETURN RECEIPT REQUESTED Ray E Hollowell, Jr Outer Banks/Kinnakeet Associates, LLC 8351 Fern Lane Connelly Spring, NC 28612 Subject: Notification of Sewer Moratorium Permit No. WQ0002284 Kinnakeet Shores WWTP Dare County Dear Mr. Hollowell: The Division of Water Resources has determined that the Kinnakeet Shores' Wastewater Treatment Plant (WWTP) is unable to adequately collect and treat waste tributary to its wastewater treatment facility. The determination is based on the inspection conducted on August 17, 2021 and that the WWTP is unable to comply with the current permit conditions as set forth in Permit Number WQ0023934. The treatment system can no longer treat and assimilate the wastewater that is received from the system as designed which contributes to the noncompliance of the Non -Discharge permit. North Carolina General Statute (NCGS) 143-215.67(a) states in part, that no person subject to the provision of NCGS 143-215.1, 143-215.108 or 143-215.109 shall cause or allow the discharge of any wastes to a waste -disposal system in excess of the capacity of the disposal system or of any wastes which the disposal system cannot adequately treat. Should these terms be violated, NCGS 143-215.67 (c) states a moratorium may be imposed "on the addition of waste to a treatment works" if the treatment works is not capable of adequately treating additional waste. The WWTP major treatment units are no longer functional. Both clarifiers, the tertiary filter, spray irrigation system, and back-up generator are not functional. Biosolids have not been removed from the plant for at least seven years. Therefore, the Kinnakeet Shores' WWTP is hereby placed on a sewer moratorium (with no new sewer taps, sewer extensions or additional flow) at its wastewater treatment plant effective October 13, 2021. NO 1:1E wwromm at emnmemeemi awnry North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 Page Two Kinnakeet Shores WWTP Moratorium August 25, 2021 This moratorium will remain in effect until the Outer Banks/Kinnakeet Associates, LLC has repaired the WWTP and meet all conditions of Permit No. WQ0002284. The moratorium will be rescinded when Outer Banks/Kinnakeet Associates, LLC can demonstrate that it can adequately treat and dispose of its waste and has obtained written permission from the Division of Water Resources suspending the moratorium. As required by NCGS 143-215.67(d), Outer Banks/Kinnakeet Associates, LLC shall give public notice within 15 days of receipt of this letter that a moratorium will be placed so that no additional flow can be added to the Kinnakeet Shores' WWTP. Outer Banks/Kinnakeet Associates, LLC shall give public notice of the moratorium by publication of the notice one time in a newspaper having general circulation in the county in which the treatment works is located. The notice shall be as provided in the attached public notice. Outer Banks/Kinnakeet Associates, LLC shall provide an affidavit of publication and a copy of the public notice to this office fifteen (15) days from receipt of this letter. Failure to place the public notice as directed may subject Outer Banks/Kinnakeet Associates, LLC to enforcement as required by NCGS 143-215.67(d). Outer Banks/Kinnakeet Associates, LLC shall give actions and in no way, absolves the Outer Banks/Kinnakeet Associates, LLC from past or future violation of North Carolina General Statutes. Correspondence pertaining to this moratorium should be sent to the letterhead address. If you have any questions about this letter, please contact Robert Tankard at 252-948-3921. Sincerely, goie4V TA4.4s41 Robert Tankard Assistant Regional Supervisor Division of Water Resources Water Quality Regional Operations Section Attachment cc: Danny Smith, Director, DWR Nathaniel Thornburg, Non -Discharge Permitting Supervisor Laserfiche Dare County Inspections Dare County Health Department D_E NORTH rit FnwNA ovoa.enani m Emimnmangi quality North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 943 Washington Square Mall I Washington, North Carolina 27889 252,946.6481 PUBLIC NOTICE SEWER MORATORIUM Kinnakeet Shores' Wastewater System The Kinnakeet Shores' Wastewater Treatment Plant (WWTP) in Dare County cannot accept the discharge of additional waste to the Wastewater System effective October 13, 2021 due to problems associated with its wastewater plant and collections system. Therefore, the Kinnakeet Shores' WWTP is hereby placed on a sewer moratorium at its wastewater treatment plant effective October 13, 2021. On the basis of thorough file review and application of Article 21 of Chapter 143, General Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission has determined that the Kinnakeet Shores' WWTP is unable to adequately collect and treat waste tributary to its wastewater treatment facility. North Carolina General Statute 143-215.67(a) directs that no person subject to the provision of NCGS 143-215.1, 143-215.108 or 143-215.109 shall cause or allow the discharge of any wastes to a disposal system in excess of the capacity, which the disposal system cannot adequately treat. The moratorium on additional sewer connections or additional flow will remain in effect until the Outer Banks/Kinnakeet Associates, LLC has rectified the current noncompliant conditions of the facility and has obtained written permission from the North Carolina Environmental Management Commission suspending the moratorium. The permit and other information may be inspected during normal office hours at the Division of Water Resources, 943 Washington Square Mall, Washington, North Carolina 27889, telephone: (252) 946-6481. Copies of the information on file are available upon request and payment of the costs of reproduction. Questions regarding the status of the sewer moratorium should be directed to Mr. Ray Hollowell, at (252) 202-2358. D_E NORTH rit FnwNA ovoa.enani m Emimnmangi quality North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 943 Washington Square Mall I Washington, North Carolina 27889 252,946.6481