WQ0002284_NOV-2021-PC-0139 Response_20210915

Shipment Receipt: Page #1 of 1
THIS IS NOT A SHIPPING LABEL. PLEASE SAVE FOR YOUR RECORDS.
SHIP DATE:
THUR 16 SEP 2021
EXPECTED DELIVERY DATE:
FRI 17 SEP 2021 3:00 PM
SHIP FROM:
RAY HOLLONELL
8351 FERN LANE
CONNELLY SPRING NC 28612
[phone]
SHIP T0:
NASTENATER BRANCH
DIVISION OF PATER RESOURCES
1617 HAIL SERVICE CIO
RALEIGH NC 27609.1600
BUSINESS
SHIPPED THROUGH:
THE UPS STORE 46305
MORGANTON7NC 2865E-3422
[phone]
SHIPMENT INFORMATION:
UPS NEXT DAY AIR SAVER CON
0 lb 2.5 az actual wt
1.000 lb billable wt
DIMS: 9e00X11r00N1100 IR
E-MAIL NOTIFICATION: SHIP7DELIVER
TRACKING NUMBER: 12978481327483169
SHIPMENT ID: MM7CD334MTCCJ
SNIP REF 1: - -
SHIP REF 2: - -
DESCRIPIION OF GOODS:
PAPERWORK
SHIPMENT CHARGES:
VENT DAY AIR SAVER COM
SERVICE OPTIONS
FUEL SURCHARGE
CMS PROCESSING FEE
28.27
0.00
2,40
0,22
TOTAL
030189
COMPLETE ONLINE CRACKING( ENTER THIS ADDRESS IN YOUR NEB BROWSER TO TRACK(
HTTP(//THEUP55TORE.COH (SELECT TRACKING. ENTER SHIPMENT ID a) SHIPMENT
QUESTIONS'? CONTACT SHIPPED THROUGH ABOVE.
CUSTOMER ACKNOULEDGEH
FOR TENDERING
AND UA UES D
Signature.
SHIPMENTID: MM7CD334MTCCJ
1101III I0111I1 IN11111 INU �I111111ll OH
GRCNTS
111111111111111
y9�5}toln.72;2!��iWEII�'nk �6:Jfeimf,mincll:ecihm'tulunclGsS.C(y,111y:eelhrcd by law,sl:Ip,�lu lhliusUPS to ecl esl ckd,1Moge}�� r I�cM 01 do
) cutomsprpms.ne>f:nedhcm R_US,sh0per[ernCesUutlhecemmodd1e54ehneNgrorwlnvacewemupeted htm lhaUSlaauc,d:xexlNrN¢E..IAlm72an
•
ReplaVxs Okrsian metrm lullsv is p ch bated. RRDg72 0721
Po'.ered'cyj idi)Ipir)
s

September 15, 2021
Robert Tankard
Division of Water Quality
Washington Regional Office
Washington, North Carolina
Reference: Outer Banks/Kinnakeet Associates, LLC
Kinnakeet Shores Collection System
Permit No. WQCS00295
NOV-2021-PC-0139 Response
Dear Mr. Tankard;
I am writing response to the Notice of Violation, issued February 15, 2021 for the Kinnakeet Shores
Waste Water Treatment System, Permit No. WQ0002284 and for the July 23, 2021 Notice of Violation
and Assessment of Civil Penalty.
We have carefully reviewed the violations and are working to take the following actions to correct the
deficiencies.
Description of Violation:
End Use -Reuse:
Response:
Treatment Clarifiers:
Response:
Standby Power:
Response:
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.
The funds have not been available to make this repair to the irrigation
equipment. The Turbidity Meter, at the time of inspection, had a system error,
when cleared, resumed normal operation.
Clarifiers were observed during the inspection and were not working.
The external clarifier's drive shaft broke and was repaired. The external clarifier
was operating, however the drive shaft repair failed. The plant operates on one
clarifier under normal conditions. We are working to find replacements to repair
the external clarifier and have a back up for the external clarifier and restore the
internal clarifier.
ORC stated that the generator wasn't currently working.
Generator is not working. New batteries were purchased for the generator. We
are working to bring in an outside contractor to diagnose and repair.

Treatment Filters: The ORC stated that the traveling bridge filter is not working. Filter has not
worked now for
Response:
several inspections.
The traveling bridge filter works on hand but not automatic. At the time of the
inspection, there was not enough flow in the plant to manually operate the
traveling bridge filter the full length and return as requested. When funds are
available, repairs will be made for filter to run in automatic mode of operation.
Turbidity Meter: Turbidity meter was showing a malfunction light at time of inspection. This Tight
has been on for the last two inspections.
Response: The turbidity meter was reset at the inspection and worked.
Permit Schedule Violations:
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)J
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)]
The plat originally filed with the state and Dare County has not been modified. We will request
drawings from engineer.

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.
The Flow meter was replaced. The irrigation system has not operated, as evidenced in the
NDAR-1, since prior to 2005. As the funding is not available to repair/replace the irrigation
system and restore to full operation, it would be requested that this condition of the permit
be modified and removed until such time the funds are available for repairs/replacement.
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 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.
(see RESPONSE below)
4. Prior to April 1, 2019, the Permittee shall replace the tertiary filter media.
(see RESPONSE below)
5. Prior to March 14, 2020, the Permittee shall repair the damaged roof above the wastewater
treatment facility.
We would like to repair and re -skin the building, but as this not a treatment component to
the wastewater plant and was installed for aesthetics for the community, I would ask that
this condition of the permit be omitted and the permit modified.
Response: The OuterBanks/Kinnakeet Associates, LLC does not generate enough funds from utility
revenues to pay ongoing normal operating expenses and can not afford the financial
requirements of this Notice of Violation to make repairs and upgrade. We have not
applied for a rate increase in 20 plus years and are still operating off the original rate
that was assigned day one. We are applying for a rate increase with the North Carolina
Utility Commission. Please find attached a copy of the letter of intent to seek rate
increase, electronically filed. We will seek an interim rate change while we are working
through the rate increase process.

respectfully request a remission of the civil penalties as the penalties will further prevent us for making
repairs needed. The 8,656.38 penalties assessed could be put toward the clarifier repairs. We have
already spent an estimated $12,000.00 on two new blower motors and installation this year.
If there is any additional information needed, please let me know.
Best reg frds,
R.' H• well
Outer Outer Banks/Kinnakt Associates, LLC

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY'
COUNTY OF DARE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Zer BafitzsiKiinnthecA Asocciia tes LLC
PERMIT NO. WQ0002284
V-Un- !VER, OF R = Y TO PR
A©VMI;S T R TITS, HEAn ` e AND
USE Gk o. p cCo2 o -007 4,
Having been assessed civil penalties totaling $8,656.38 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated 07/23/2021, the undersigned, desiring to seek remission of the
civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document. The undersigned further understands that
all evidence presented in support of remission of this civil penalty must be submitted to the Director of the
Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission r qu t willl be allowed after (30) days from th recei t of the notice of assessment.
This the � `Pt /�!/ ►u"�l day of r" ?L 20 2_/
TELEPHONE
e4_‘_
SIGNATU E

Gram SEgnia.TN: a"1�. mr,FRitein rauj ssz , ger G`G:nnlosEctro Evulltdeatkm iinckodiEinq c°1, debt lcsd
jai af;oc a:u©uu for Bauch rrJque
Please be aware that a request for remission is limited to consideration of the five factors listed below as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission
Is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1.(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you of his
decision in the matter of your remission request. The response will provide details regarding the case
status, directions for payment, and provision for further appeal of the penalty to the Environmental
Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that
the Committee cannot consider information that was not part of the original remission request considered
by the Director. Therefore, it is very important that you prepare a complete and thorough statement in
support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and
submit the enclosed "Justification for Remission Request."
Both frowns should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617