WQ0002284_Correspondence_19901030

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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Sallsbury Street a Raleigh, North Carolina 27611
arnes G. Martin, Governor John C. Hunter
VVllllam W. Cobey, Jr., Secretary General Counsel
October 30, 1990 Office of General Cmzel
Edwin L Gavin II John P. Barkley
David G. Heeter 1• Peter Rasc 111
James C Hollavmy Leigh L Stallings
Robert R. Gebtu n Billy R. Godwin
Elizabeth E. Rouse
MEMORANDUM
TO: Jim Mulligan
FROM: Leigh L. Stalling
RE: Civil Penalties Assessment dated August 28, 1990
Outer Banks Beach Club Association, Inc.
File No. WQ 90-15
Dare County
Enclosed please find a supplemental letter dated October 26,
1990, with attachments which I received today from Mr. C. Wayne
Kinser in regard to the above matter.
I look forward to hearing from you promptly upon the
completion of your review of this matter.
LLS/ah
cc: Steve Tedder
P.O. Box 27687 • Raleigh, North Carolina 27611-7687 • Telephone [phone]
An Equal Opportunity Affknvtive Action Ernployer

October 26, 1990
PEPPERTREE
RESORTS, LTD.
rru
GEN1EPAL
Leigh L. Stallings
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street
Raleigh, North Carolina 27611
RE: File No. WQ 90-15
Dear Mr. Stallings:
our : 0 1990
As I review the correspondence and files relating the assessment of a fine for
failure to make reports, I have come to the conclusion that there is a
considerable amount of confusion relating to the wastewater treatment facility
operated by the Outer Banks Beach Club in Dare County. It is beginning to
appear that the department may have had the wastewater treatment facility
listed both under Permit No. 13195 and Permit No. 6979R3. According to our
records, the facility was permitted at the time in question under both of those
numbers.
On November 21, 1989, the Outer Banks Beach Club received a notice from Jim
Mulligan of failure to make proper reports under Permit No. 13195. That letter
requested that the self -monitoring data required by Permit No. 13195 be
provided within 30 days. It further stated'that "failure to provide the
required self -monitoring data will most probably initiate an enforcement
action." On December 19, 1989, Joe Rose of Rose & Associates, responded with
the data requested. That response referred.to Permit No. 13195 and was within
the 30 day period.
On February 8, 1990, the Outer Banks Beach Club received a letter from Mr. Dick
Denton which stated that Permit No. 13195 was incorrect and that the correct
permit number was NC-6979R3.
In addition, Mr. Robert E. Barnum, the operator of the wastewater treatment
facility, has verified that he sent the data to the Washington office. Copies
of the data submitted by Mr. Barnum reflect Permit No. NC-006979R03 on the data
forms.
It would appear that the office in Washington received two sets of the same
data information, one set from Joe Rose with reference to Permit No. 13195 (as
requested by Jim Mulligan on November 21, 1989.) and another set from Bob
Barnum referenced under Permit No. 6979R3.
(continued)
P.O. BOX 6319, ASHEVILLE, NORTH CAROLINA 28816
7094/ 9"-8991

page 2
Leigh Stallings
The Outer Banks Beach Club operates only one wastewater system in Dare County
and the data submitted, whether referenced under Permit No. 13195 or Permit No.
6979R3, applied only to that system. Under whatever permit number, the office
in Washington, North Carolina, had the data required to have been submitted,
both from Robert Barnum and from Joe Rose, and this data was received prior to
the February 27, 1990 letter from Jim Mulligan giving notice of the recommended
enforcement action.
Sincerely
OUTER BEACH CLUB, INC.
t
. ayn Kinser
Preside t
CWK/jw
enclosures

CERTIFIED MAIL ..sw_ Fv
RETURN' RECEIPT REQUESTED �d � �
$ 11y
State of North Carolina
Department of Environment, Health and Natural Resources
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889
James G. Martin, Governor Lorraine G. Shinn
William W Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
November 21, 1989
Mr. C. Wayne Kinser, President
Outer Banks Beach Club
P.O. Box 6931
Ashville, N.C. 28806
Subject: Notice of Violation
Outer Banks Beach club
NC Permit # 13195
Dare County
Dear Mr. Kinser:
A review of the subject facility's self -monitoring data
for the wastewater treatment plant indicates that the
Outer Banks Beach Club is in violation of it's discharge
permit --with respect -to. it' s monitoring- requirements. -- - --- --
Condition #25 of the facility's discharge permit requires
the facility to submit monthly -monitoring reports to the
Division of Environmental Management, Washington Regional
Office within thirty (30) days following the end of each
monthly reporting period. Given the past twelve (12)
months the Regional Office has received self -monitoring
monthly reports for November 1988, January 1989, and June
1989.
You are hereby advised that violations of your discharge
permit are a violation of N.C. General Statutes and as
such are subject to civil penalty assessment by this
Division's Director. You are requested to provide this
office within 30 days the required self -monitoring data as
required by the facility's permit. Failure to provide the
required self -monitoring data will most probably initiate
an enforcement action.
P.O. Box 15o7, Washington, North Carolina 27889-1507 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

x.i
If you have any questions regarding this matter you may
contact this office at 919-946-6481.
DD
cc: WQ central files through
compliance oversight
1
Sincerely,
m Mulligan
gional Supervisor

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December 19, 1989
NC Dept. of Environment, Health
and Natural Resources
PO Box 1507
-Washington, NC 27889-1507
Attention: Mr. Jim Mulligan
Regional Supervisor
Reference: Notice of Violation
Outer Banks Beach Club
NC Permit #13195
Dare County
POB-8501.771
Dear Jim:
Reference is made to your letter dated November 21, 1989, regarding
facility's self -monitoring data for the above referenced facility.
Please find enclosed the following reports:
November 1988
- - December.1988
January 1989 ----- - --- - ----
_ February 1989
March 1989
April 1989
May 1989
July 1989
August 089
September 1989
October 1989
It was my understanding you had the June 1989 report in your file.
It is important we obtain the permit for the Dare.County Schools as
soon as possible. If you or Mr. Barlow should have any questions,
1610 Hwy. 70 East Post Office Box 1248 New Bern, North Carolina 28560-1 248 (91 9) 633.430o

CERTIFIED RETURN RECEIPT
REQUESTED 0611\
State of North Carolina
Department of Environment, Health and Natural Resources
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889
James G. Martin, Governor Lorraine G. Shinn
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 27, 1990
Mr. C. Wayne Kinser, President
Outer Banks Beach Club
P.O. Box 6931
Asheville, N.C. 28806
SUBJECT: Notice of Initiation of Enforcement Action
Outer Banks Beach Club
Dare County
Dear Mr. Kinser:
The purpose of this letter is to notify you that the
Washington Regional Office of the Division of
Environmental Management has recommended an Enforcement
Action against the Outer Banks Beach Club, located in Dare
County. The Enforcement Action addresses the following
violation:
The Outer Banks Beach Club has violated its'
Non -discharge Permit 6979R3 with respect to
monitoring and reporting as required by
conditions 23, 24, and 25.
If you have any questions, you may contact this office at
919-946-6481.
Sincerel ,
'm Mulligan
egional Supervisor
DD/
cc: WQ central files
P.O. Box 1507, Washington, North Carolina 27889-1507 Telephone [phone]
An Equal Opportunity Affirmative Action Employrr

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^ANC <DeptM of Environment, "Health
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and Natural Resources
December.."19, .1989
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.. Page Two
please feel free to call this office.
Sincerely,
Josep W. Rose, Civil-PE,RLS,
President
JWR:vlw
Encl.
cc Bill Barlow
DEM Control Files
✓Wayne Kinser
Billy Emanuelson
John Luke

am
G. Martin, Govemor
illiam W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
-. February 8, 1990
Mr. C. Wayne Kinser, President
PO Box 6931
Asheville, N.C. 28806
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State of North Caro ina
,artment of Environment, Health and Natural Resources
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889
Lorraine G. Shinn
Regional Manager- -
Subject: Sewer Line Extension for Outer
Banks Beach Club & Dare County
Schools
NC permit NO 6979R3
Dare County
Dear Mr. Kinser:
on November 21, 1989, you were sent a Notice of Violation —
from Mr. Jim Mulligan stating__that the _If acil.ity_haPlease
violated it's permit with respect to monitoring.
be advised that the NC Permit ##13195 ro referred to in the
subject heading was incorrect.- The p P
is NC 6979R3 which will expire May 31, 1990.
Enclosed please find copies of the self -monitoring data
submitted to the Washington Regional Office. The
recently
self -monitoring data is incomplete as submitted. The
e monthly averages for
Permitee has failed to complete th
the parameters sampled. It is to be noted that the
self -monitoring data for November and December 1989 has
not been received and is past overdue.
you are also advised that as a result of the data not
being complete the Regional Office is making a
recommendation for denial of -the -subject project. you are
requested to complete the self-mmonitoringheatashingtonsend
the November and December 198
Regional Office, certified return receipt.
P.O. Box 1507, Washington, North Carolina 27889-1507 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

-
.
V 1 You are advised"_that"-the facility continues to be `in
violation of it'. s -permit with respect to monitoring.
If - you have^'any questions regarding this matter you may
T may; contact . us at 919-946-6481 .
sincerely,
Dick Denton
Compliance Oversight
WQ Central Files
Bill Barlow, DEM
Joe Rose, Engineer