WQ0002284_NOV-2022-LV-0421 NOI_20220628

ROY COOPER
Governor
ELIZABETH S. RISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7021 0950 0001 8685 0411
Return Receipt Requested
June 28, 2022
Ray E Hollowell, Jr
Outer Banks/Kinnakeet Associates LLC
8351 Fern Lane
Connelly Spring, NC 28612
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-LV-0421
Permit No. WQ0002284
Kinnakeet Shores WWTP
Dare County
Dear Mr. Hollowell:
A review of the March 2022 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Coliform, Fecal MF, MFC Broth, 3/16/2022 25 518 Daily Maximum Exceeded
44.5 C (31616)
001 Solids, Total Suspended 3/16/2022 10 46.7 Daily Maximum Exceeded
(00530)
001 BOD, 5-Day (20 Deg. C) 3/23/2022 15 42 Daily Maximum Exceeded
(00310)
001 Coliform, Fecal MF, MFC Broth, 3/23/2022 25 2,420 Daily Maximum Exceeded
44.5 C (31616)
001 Solids, Total Suspended 3/23/2022 10 42.5 Daily Maximum Exceeded
(00530)
001 BOD, 5-Day (20 Deg. C) 3/31/2022 10 22 Monthly Average Exceeded
(00310)
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

Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Coliform, Fecal MF, MFC Broth, 3/31/2022 14 1,119.62 Monthly Geometric Mean Exceeded
44.5 C (31616)
001 Nitrogen, Nitrate Total (as N) 3/31/2022 10 17.36 Monthly Average Exceeded
(00620)
001 Solids, Total Suspended 3/31/2022 5 44.6 Monthly Average Exceeded
(00530)
Reporting Violation(s):
Sample
Location Parameter Date Type of Violation
001 Solids, Total Dissolved- 180 Deg.0 3/31/2022 Parameter Missing (70300)
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) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). 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.
Reminder: Pursuant to Permit Condition 14 in Section IV, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
LD_E
North Carolina Department of Environmental Quality I Dlvlsinn of Water Resources
Washingtan Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481

If you have any questions concerning this matter or to apply for an SOC, please contact Sarah Toppen of the
Washington Regional Office at 252-946-6481.
Sincerely,
RQdy t Teos
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
Cc: Laserfiche
Mr. Bruce Miller, Accountant; 40222 Methodist Church Road, Avon, NC, 27915
Via certified mail and email (certified mail # 7021 0950 0001 8685 0428)
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 #7021 0950 0001 8685 0435)
Mr. Ray E. Hollowell; PO Box 1158, Avon NC 27915
Via certified mail and email (certified mail #7021 0950 0001 8685 0442)
North Carolina Department of Environmental Quality I Ol'fan of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington North Caroline 27E69
252.946.64E11