WQ0002284_NOV-2021-LV-0885, 0886, 0333 & PC-0581-0057 Response_20211229

LAW OFFICE OF C. SEAN YACOBI, PLLC
PO Box 1851
Nags Head, NC 27959
C. Sean Yacobi
—Attorney at Law
yacobilawa,gmail. com
(P)252-715-3595
(F)252-715-3492
December 27, 2021
David May, Regional Supervisor
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
943 Washington Square mall
Washington, NC 27889
Em. [e-mail]
[e-mail]
2476 Nimmo Pkwy Ste 115 #204
Virginia Beach, VA 23456
RECEFVED/NCDENR/DWR
DEC 2 9 2021
Water Quality
Regional Operations Section
Washington Regional Office
RE: Notice of Violation & Intent to Assess Civil Penalty
Tracking No.s: NOV-2021-LV-0885, NOV-2021-LV-0886, NOV-2021-PC-0581
Case No.s: LV-2021-0333, PC-2021-0057
Permit No.: WQ0002284
Kinnakeet Shores WWTP
Dare County
Dear Supervisor May and Assistant Supervisor Tankard:
My firm has been retained by Outer Banks/Kinnakeet Associates, LLC (OBKA) to assist it in
responding to and addressing the underlying causes of the Notices of Violations, Assessments of Civil
Penalties, the Sewer Moratorium, and the complaint filed against OBKA by the Kinnakeet Shores
homeowner's association.
It is my understanding that on or about December 1, 2021, Bruce Miller, accountant for OBKA
received documents from you dated November 17, 2021, November 29, 2021 and November 30, 2021 and
bearing the above -referenced tracking and case numbers. Those documents allege several violations in the
operation of the OBKA waste water treatment plant and assess multiple civil penalties for those violations.
The documents also set forth a number of options for how OBKA can address these Notices of Violations
and Assessments of Civil Penalties.
I am in the process of reviewing these documents, researching the applicable law, and evaluating the
appropriate course of action for my client. Of course, the goal of OBKA is to restore the plant to good
operating condition both to meet the environmental requirements and to permit it to operate at sufficient
capacity to serve Kinnakeet Shores and the surrounding community should that need arise. As you know,

the Kinnakeet Shores homeowners association (HOA) has filed a formal complaint with the North Carolina
Utilities Commission (NCUC) which is now pending in addition to the Notices and Assessments pending
with the Division of Water Resources, NCDEQ. As shown by the attached order, the NCUC has extended
the deadline for coming into compliance with the demands of the complaint or filing an answer to and
through January 27, 2022 to allow my firm sufficient time to investigate and accurately respond to the
complaint.
We all know that the OBKA plant cannot be brought into full compliance by January 27, 2022.
Nevertheless, OBKA is actively working with its engineers, Operator and vendors to formulate a
comprehensive plan to restore the plant, remedy the violations, and implement a properly funded
maintenance plan to alleviate the risk of further violations. For this reason, OBKA is requesting that your
Division grant an extension on the times in which to respond to the above -referenced Notices and
Assessments through the end of January. In the interim, OBKA will copy you on its Answer to the
allegations of the HOA, and in the event that its restoration plan is not complete, it will copy you with the
plan as thus far developed.
It is my hope that we all share the same goal of bringing the plant back to optimum efficiency at its
designed capacity. OBKA has a demonstrated history of successfully running the plant. With a
comprehensive, cost effective restoration plan and adequate funding, it can do so again. OBKA has not
implemented any increases in fees charged since it began operating in 1999, I believe. OBKA is evaluating a
user -fee increase to help pay for the upkeep and maintenance to the facility going forward. It will take some
time and cooperation from all concerned and it is our respectful request that you work with us to achieve
those objectives.
We appreciate your attention to this correspondence. If you have additional questions regarding this
request or would like to discuss how to develop an acceptable restoration plan or plant operations in the
meantime, please call me at 252.715.3595. Thanks
ENCLOSURE: Oder for Extension of Time
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STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
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;:p4,0iiIK THE,N-ORTH CAROLINA UTILITIES COMMISSION
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...:G1'eater Kinnakeet Shores Home Owners, )
- -1�1c; clo,Pat Weston P. O. Box 853 Avon,
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DOCKET NO. W-1125, SUB 9
Outer Banks/Kinnakeet Associates, LLC.,
ORDER GRANTING
EXTENSION OF TIME
Respondent )
•
THE' 'COMMISSION: On December 20, 2021, Outer Banks/Kinnakeet
Associates, LLG (Respondent), through counsel, filed a Motion for Extension of Time to
Respond to Complaint (Motion) in the above -captioned proceeding. In its motion,
Respondent informs the Commission, among other things, that the Order Serving
Complaint requires Respondent to either file an answer or satisfy the demands of the
Complaint by December 28, 2021, and the time for filing an answer to the Complaint has
not lapsed. Respondent also informs the Commission that it has recently retained counsel
in this matter and needs additional time to review the dispute which is alleged to have
occurred between 1999 and 2021 and analyze the issues. Respondent requests an
extension of time of 30 days to either file an answer or satisfy the Complaint in this docket.
The Commission has reviewed the entire record, including Respondent's motion,
and finds that good cause exists to grant the extension of time from December 28, 2021,
to January 27, 2022, for Respondent to either file an answer or satisfy the demands of
the Complaint in this matter. The Commission further finds good cause to serve this Order
.on the Parties by electronic mail, delivery confirmation requested.
IT IS, THEREFORE, SO ORDERED.
• ; : ' ISSUED BY ORDER OF THE COMMISSION.
This the 22nd day of December, 2021.
' ' NORTH CAROLINA UTILITIES COMMISSION
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Erica N. Green, Deputy Clerk