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Home My WebLink AboutWQ0002284_NOV-2022-PC-0028 NOI_20220124ROY COOPER cel.eor H S. BISER sir, S. DANIEL SMITH or.aor Certified Mall # 7020 1810 0001 5981 2386 Return Receipt Requested Ray E Hollowell, Jr Outer Banks/Kinnakeet Associates LLC 8351 Fern Ln Connelly Spg, NC 28612 NORTH CAROLLNA January 24, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2022-PC-0028 Permit No. WQ0002284 Kinnakeet Shores WWTP Dare County Dear Mr. Hollowell: The North Carolina Division of Water Resources conducted an inspection of the Kinnakeet Shores WWTP on January 11, 2022. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in Non -discharge Permit No. WQ0002284. A summary of the findings and comments noted during the inspection are provided in the endosed copy of the inspection report. The Compliance Sampling 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 Treatment Clarifiers CLARIFIER DOES NOT FUNCTION. SOLIDS ARE THICK WITHIN THE CLARIFIER. THERE WERE TWO BYPASSES SET UP WITHIN THE CLARIFIER WHICH WENT DIRECTLY TO THE DISCHARGE PIPE TO THE STORAGE/INFILTRATION POIND. Treatment CLARIFIERS, RETURN PUMPS, TRAVELLING BRIDGE FILTER, DISINFECTION, GENERATOR AND SPRAY IRRIGATION SYSTEM IS NOT FUNCTIONAL Treatment Disinfection DISINFECTION SYSTEM DID NOT HAVE ANY CHLORINE ON SITE. Standby Power GENERATOR DOES NOT FUNCTION. ari CaairD prb aofisinmnmtarysil l M'i.t War Mobs Mehaipesril.niOffice 11041YJigd.7p.v WI I Miiaglrl Mrd. Camara VlS 731.1/U.1w Inspection Area Description of Violation Treatment Flow OPERATOR STATED FLOW METER IS NOT WORKING AND USING AVERAGE FLOWS FROM Measurement -Effluent 2021. Treatment Return pumps OPERATOR STATED THEY DO NOT FUNCTION. THEREFORE, SOLIDS ARE BUILDING UP IN THE CLARIFIER. Treatment Filters TRAVELLING BRIDGE FILTER IS NOT FUNCTIONAL Miscellaneous Questions TURBIFITY METER NEEDS TO BE REPAIRED AND CALIBRATED BY A THIRD PARTY. 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 fadilty's Non -discharge 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 dvil 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 252-946-6481. Sincerely, vct David May, Regional Supervisor Water Quality Regional Operations Section Washington Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Laserfiche Mr. Bruce Miller, Accountant; 40222 Methodist Church Road, Avon, NC27915 via certified mail and email (Certified Mail # 7020 1810 0001 5981 2379) Mr. C. Sean Yacobi, Esq., Law Office of C. Sean Yacobi, PLLC, P.O. Box 1851, Nags Head, NC 27959 via certified mail and email (Certified Mail # 7020 1810 0001 5981 2362) Mr. Ray E. Hollowell; P.O. Box 1158, Avon, NC 27915, via certified mail (Certified Mai/ # 7020 1810 0001 5981 2355) !lerbfadra Drw.v.. dMaeal CI.Ef I Mak.d lMat�tao.m Weilern legimiOftc I.43 Washlwon Iwo* Mal I Wait," North Carlin. MO 732.4141.1.061 Permit: WQ0002284 SOC: County: Dare Region: Washington Compliance Inspection Report Effective: 08/17/18 Effective: Expiration: 02/28/23 Owner : Outer Banks/Kinnakeet Associates LLC Expiration: Facility: Kinnakeet Shores WWI? 41105 Big Kinnakeet Dr Contact Person: Ray E Hollowell Trtle: Manager Avon NC 27915 Phone: Directions to Facility: On the outer banks, take NC Hwy 12 south of Rodanthe to Avon and take a right onto Big Kinnakeet Drive and follow to the gated end of drive System Classifications: SI, WW2, Primary ORC: David Pharr Certification: 21101 Phone: 252-473-3461 Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 01/11/2022 Entry Time 09:OOAM Primary Inspector. Robert B Tankard Secondary Inspector(s): Robert E Bullock Reason for Inspection: Follow-up Permit Inspection Type: Reclaimed Water Facility Status: ❑ Compliant Not Compliant Question Areas: ▪ Treatment Flow Measurement -Effluent ▪ Treatment Flow Measurement -Water Use Records ▪ Treatment Filters ▪ Treatment Disinfection Standby Power (See attachment summary) • • • Exit Time: 11:OOAM Phone: 252-946-6481 Ext233 Inspection Type: Compliance Sampling Treatment Flow Measurement -Influent Treatment Treatment Activated Sludge Treatment Flow Measurement El Miscellaneous Questions ▪ Treatment Barscreen MI Treatment Clarifiers ▪ Treatment Retum pumps Page 1 of 5 Permit WQ0002284 Owner- Facility:Outer Banks/KlnnakeetAssociates LLC Inspection Date: 01/11/2022 Inspection Type : Compliance Sampling Reason for Viet: Follow-up Inspection Summary: The facility was inspected on January 11, 2022, to verify any repairs that had been made to the facility since the last NOV. No improvements were made. The following violations still exist at the facility: *Both clarifiers are out of service. *Tertiary fitter is out of service. *Anoxic mixing pumps need to be repaired. *Return pumps need to repaired. *Chlorine was not present and no disinfection was occurring. *Irrigation equipment needs repair. System is non -operational. *Back-up generator needs to be replaced or repaired. *Failure to submit site map. *Failure to install monitoring wells. *Solids need to be removed from the wwtp. SAMPLES WERE PULLED AT THE EFFLUENT, THE IRRIGATION STORAGE POND AND THE POND NEXT TO THE IRRIGATION POND. FUTURE VIOLATIONS MAY BE NOTED ACCORDING TO RESULTS. SAMPLE RESULTS FROM 11/16/2021 SAMPLE INSPECTION FOR THE EFFLUENT: BOD: 48 MG/L MF COLIFORM: 2500 CFU/100 ML NH3: 1.8 MG/L TURBIDITY: 15 NTU TSS: 21 MG/L SELF REPORTING MONITORING SHOWED THE TURBIDITY AS 2.7 NTU FOR 11/16/2021. THE TURBIDITY METER HAS BEEN SUSPECT FROM PREVIOUS INSPECTIONS. DWR WILL REQUIRE METER CALIBRATION DOCUMENTATION FROMATHIRD PARTY. Page 2of5 pernh; WQ0002284 Owner - Facility: Outer Banks/Kinnakeet Associates LLC Inspection Date: 01/11/2022 Inspection Type :Compliance Sampling Reason for Visit Follow-up IYi.Q Yes No NA Infiltration System Single Family Spray, LR Lagoon Spray, LR Activated Sludge Spray, LR Activated Sludge Spray, HR Recycle/Reuse Activated Sludge Drip, LR Single Family Drip Reuse (Quality) Treatment Are Treatment facilities consistent with those outlined in the current permit? Do all treatment units appear to be operational? (if no, note below.) O Yes No NA NE • ❑ ❑ ❑ ❑ • ❑ ❑ Comment: CLARIFIERS, RETURN PUMPS, TRAVELLING BRIDGE FILTER, DISINFECTION, GENERATOI AND SPRAY IRRIGATION SYSTEM IS NOT FUNCTIONAL. Treatment Flow Measurement -Influent Is flowmeter calibrated annually? Is flowmeter operating properly? Does flowmeter monitor continuously? Does flowmeter record flow? Does flowmeter appear to monitor accurately? Comment: Treatment Flow Measurement -Water Use Records Is water use metered? Are the daily average values property calculated? Comment: Yes No NA NL ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑•❑ O 0110 ❑❑•❑ Yes No NA NL ❑ ❑ • ❑ ❑ ❑ • ❑ Treatment Flow Measurement -Effluent Yes No NA NE Is flowmeter calibrated annually? 0 0 0 U Is flowmeter operating properly? 0 • 0 0 Does flowmeter monitor continuously? 0 ❑ ❑ • Does flowmeter record flow? 0 0 ❑ IN Does flowmeter appear to monitor accurately? ❑ 0 0 • Comment: OPERATOR STATED FLOW METER IS NOT WORKING AND USING AVERAGE FLOWS FROA 2021. Page 3 of 5 pf WQ0002284 Owner - Facllity:Outer Banks/Klnnakeet Associates LLC Inspection Date: 01/11/2022 Inspection Type : Compliance Sampling Reason for Vlslt: Follow-up Standby Power yes No NA NE Is automatically activated standby power available? - ❑• ❑ ❑ Is generator tested weekly by interrupting primary power source? ❑•❑ ❑ Is generator operable? ❑ ❑ ❑ Does generator have adequate fuel? ❑•❑ ❑ Comment: GENERATOR DOES NOT FUNCTION. Treatment Barscreen Is it free of excessive debris? Is disposal of screenings in compliance? Are the bars spaced properly? Is the unit in good condition? Comment: Yea No NA NE • ❑ ❑ ❑ ❑ ❑❑■ • ❑❑❑ ▪ ❑ ❑ ❑ Treatment Activated Sludge Yes No NA NE Is the aeration mechanism operable? • ❑ ❑ ❑ Is the aeration basin thoroughly mixed? • ❑ ❑ ❑ Is the aeration equipment easily accessed? ❑ ❑ ❑• Is Dissolved Oxygen adequate? ❑ ❑ ❑• Are Settleometer results acceptable? ❑ ❑ ❑ • Is activated sludge an acceptable color? MOOD Comment: Treatment Clarlflers Are the weirs level? Are the weirs free of solids and algae? Is the scum removal system operational? Is the scum removal system accessible? Is the sludge blanket at an acceptable level? Is the effluent from the clarifier free of excessive solids? Yes No NA NE ❑ ❑ ❑ ❑ ❑ ❑ EllIDEI EIMIDEI ❑ IN❑❑ ❑ 1 ❑ ❑ Comment: CLARIFIER DOES NOT FUNCTION. SOLIDS ARE THICK WITHIN THE CLARIFIER. THERE WERE TWO BYPASSES SET UP WITHIN THE CLARIFIER WHICH WENT DIRECTLY TO THE DISCHARGE PIPE TO THE STORAGE/INFILTRATION POIND. Treatment Return pumps Are they in place? Are they operational? Yes No NA NR • ❑ ❑ ❑ ❑•❑ ❑ Comment: OPERATOR STATED THEY DO NQT FUNCTION. THEREFORE, SOLIDS ARE BUILDING UP I THE CLARIFIER. Treatment Filters Yes No NA NE Page 4 of 5 permit W00002284 Owner - Facility: Outer Banks/Klnnakeet Associates LLC Inspection Date: 01/11/2022 Inspection Type : Compliance Sampling Reason for Visit Follow-up Is the filter media present? Is the filter media the correct size and type? Is the air scour operational? Is the scouring acceptable? Is the clear well free of excessive solids? Is the mud well free of excessive solids and filter media? Does backwashing frequency appear adequate? Comment: TRAVELLING BRIDGE FILTER IS NOT FUNCTIONAL. Treatment Disinfection Is the system working? Do the fecal coliform results indicate proper disinfection? Is there adequate detention time (>=30 minutes)? Is the system property maintained? If gas, does the cylinder storage appear safe? Is the fan in the chlorine feed room and storage area operable? Is the chlorinator accessible? If tablets, are tablets present? Are the tablets the proper size and type? Is contact chamber free of sludge, solids, and growth? If UV, are extra UV bulbs available? If UV, is the UV Intensity adequate? # Is it a dual feed system? Does the Stationary Source have more than 2500 Ibs of Chlorine (CAS No. 7782-50-5)? If yes, then is there a Risk Management Plan on site? If yes, then what is the EPA twelve digit ID Number? (1000- - ) If yes, then when was the RMP last updated? Comment: DISINFECTION SYSTEM DID NOT HAVE ANY CHLORINE ON SITE. • ❑ ❑ ❑ ❑ ❑ ❑• ❑ W❑❑ ❑•❑ ❑ ❑•❑ ❑ ❑•❑ ❑ O 1101=1 Yes No NA NE ❑•❑ ❑ ❑•❑ ❑ ❑ ❑ ❑• ❑•❑ ❑ ❑ ❑ ❑ ❑ ❑ • ❑ ▪ ❑ ❑ ❑ ❑ ❑•❑ ❑ ❑•❑ ❑ ❑ ❑ ❑ ❑•❑ ❑ ❑•❑ ❑ ❑•❑ ❑❑•❑ ❑ ❑•❑ Page 5 of 5