WQ0002284_Email_20080110

s ofKimakeet Shores Hearing Request/SOC
Subject: Status of Kinnakeet Shores Hearing Request/SOC
From: David May <[e-mail]>
Date: Thu, 10 Jan 2008 10:55:14 -0500
To: jim@,kinnakeetshoresresort.com
CC: Mark Bissell <[e-mail]>, [e-mail]
Ray, Jim, and Mark,
Kinnakeet Shores has been having difficulties in meeting permit limits for effluent
quality. Subsequently, the Washington Regional Office assessed a penalty for several
violations. In response, a Petition for Contested Case Hearing was filed. More
recently, we met on December llth to discuss problems associated with the way the
wastewater treatment system has been constructed and potential corrections that could
be made to improve effluent quality. At the time, benefits of entering into a
Special Order by Consent (SOC) were also discussed. For example, a primary benefit
to a permittee could be shielding from continued enforcement actions for violations
of existing permit limits (note interim limits may be established as part of the
SOC). Please note that an upfront penalty, which is a monetary settlement for
previous violations, is a component of SOCs. An SOC would also allow any unaddressed
violations (where penalties had not yet been assessed for existing violations) and
any unpaid civil penalty assessments to be incorporated in the upfront penalty.
If a facility enters into an SOC, the permittee has the option to ask that the SOC be
rescinded at any time. Additionally, modification of the SOC can be requested as
well if "issues" arise.
Right now, since a hearing has been requested for the existing enforcement case, we
could not enter into an SOC, since the hearing has not been resolved. I would ask
that Outer Banks/Kinnakeet Associates, LLC provide feedback on whether it wishes to
continue with the hearing or withdraw the case by Friday January 18, 2008. If Outer
Banks/Kinnakeet Associates withdraws the case, the payment/settlement of the existing
fine could be made at this time separate from the SOC process or be rolled into
upfront penalties, which would also include penalties for any outstanding violations
that have not been yet assessed for.
As for outstanding violations that have yet to be assessed, if Outer Banks/Kinnakeet
Associates elects to continue with the hearing and not pursue the SOC option, our
office would move forward with issuing assessments for outstanding violations and
continue to issue assessments for any future limit violations as they occur.
Again, I would ask that a decision be made by Friday January 18th on whether Outer
Banks/Kinnakeet Associates wishes to proceed with the SOC.
Please let me know if you have any questions or wish to discuss further.
Thanks
David May
David May, Regional Supervisor
Division of Water Quality
Aquifer Protection Section
943 Washington Square Mall
Washington, NC 27889
Phone: [phone]
Fax: [phone]
1 of 1 1/10/2008 10:56 AM

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Kinnakeet Shores
WQ0002284
Dare County
500 0 500 1000 Feet
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fk
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MWs properly located
MWs - Other Location:
Property Line
Created By: C.J.Welti
Date: March 5, 2002