WQ0002284_NOV-2022-PC-0140 NOI_20220321

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7019 2970 0001 3140 2507
Return Receipt Requested
March 21, 2022
Ray E Hollowell, Jr
Outer Banks/Kinnakeet Associates LLC
8351 Fern Ln
Connelly Spg, NC 28612
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-PC-0140
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
March 2, 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 enclosed copy of the inspection report.
The Compliance Evaluation 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 DIERECTLY TO THE
UV CHANNEL. THIS FLOW BYPASSED THE TERTIARY FILTER AND CHLORINE
DISINFECTION SYSTEM. OPERATOR HAD PUT CHLORINE TABLETS IN EFFLUENT CHANNEL
BUT DID NOT MEET THE DETENTION TIME.
Treatment CLARIFIERS, RETURN PUMPS, TRAVELLILNG BRIDGE FILTER, DISINFECTION, GENERATOR
AND SPRAY IRRIGATION SYSTEM IS NOT FUNCTIONAL.
Treatment Disinfection
DISINFECTION IS BEING BYPASSED. SYSTEM IS DESIGNED FOR CHLORINE TO BE
INJECTED UPSTREAM OF THE FILTER. FILTER IS BEING BYPASSED. OPERATOR IS
PLACING TABLETS IN EFFLUENT CHANNEL. DOES NOT MEET RETENTION TIME!
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington. North Carolina 27889
252946 6481

Inspection Area Description of Violation
Standby Power GENERATOR DOES NOT FUNCTION.
Wells MONITORING WELLS HAVE NOT BEEN INSTALLED PER PERMIT.
Treatment Flow OPERATOR STATED FLOW METER IS NOT WORKIG AND USING AVERAGE FLOWS FROM
Measurement -Effluent 2021. OPERATOR STATED THIS ON 01/11/2022 INSPECTION.
Treatment Return pumps OPERATOR STATED THEY DO NOT FUNCTION. THEREFORE, SOLIDS ARE BUILDING UP IN
THE CLARIFIER. SEVERAL PUMPS WERE MISSING FROM THE PIPING.
End Use -Reuse
SPRAY IRRIGATION IS NOT FUNCTIONAL. ALL WASTEWATER IS SENT TO THE
INFILTRATION POIND WHEHER IT MEETS REUSE OR NOT. TURBIDITY METER DOES NOT
WORK AND NOT SURE IF THE VALVES CAN BE AUTOMATICALLY TURNED WHEN FECAL
COLIFORM DOES NOT MEET LIMITS.
Treatment Filters TRAVELLING BRIDGE FILTER IS NOT FUNCTIONAL AND IS BEING BYPASSED.
System Operation TURBIDITY METER NOT CALIBRATED CORRECTLY.
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 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) calendar 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.
North Carolina Department of Environmental Quality 1 Division of Water Resources
Washington Regional Office 1 943 Washington Square Mali I Washington, North Carolina 27889
252946 6481

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 252-948-3921.
Sincerely,
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, NC, 27915
Via certified mail and email (certified mail # 70212720000158755176)
Mr. C. Sean Yacobi, Esq., Law Office of C. Sean Yacobi, PLLC; PO Box 1851, Nags Head NC 27959
Via certified mail and email (certified mail #70212720000158755152)
Mr. Ray E. Hollowell; PO Box 1158, Avon NC 27915
Via certified mail and email (certified mail #70212720000158755169)
D_E
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mali Washington, North Carolina 278$9
2529466481
wM�aru..ioi