NC0062278_NOV-2022-PC-0005 CEI_20220105

ROY COOPER
Governor
ELIZABETH S, BISER
secretary
S. DANIEL SMITH
potrerar
M1FORTH CAROLINA
ErwOronnientatQuoliry
January 5, 2022
CERTIFIED MAIL # 7018 0360 0002 2099 7507
RETURN RECEIPT REQUESTED
Adam Minnick
Stonetown Berkley Oaks LLC
720 S Colorado Blvd Ste 1150-N
Glendale, CO 80246
Subject: Notice of Violation and Intent to Assess Civil Penalty
Tracking Number NOV-2022-PC-0005
Berkley Oaks WWTP
NPDES Permit NC0062278
Gaston County
Dear Mr. Minnick:
Please find enclosed the Compliance Evaluation Inspection conducted on December 14, 2021 by Ori
Tuvia of the Mooresville Regional Office. The cooperation of Brandon Long and Brian Stephens during the site
visit was much appreciated. The following violations were noted during the inspection:
1. For the period of September 13, 2021 until November 18, 2021, the ORC has been using a chlorine
meter that has insufficient sensitivity range for wastewater chlorine measurements. The meter
used only reads down to 0.1 mg/I and is unable to measure in ug/L. Chlorine results taken during
this period all exceed the facility permit limit of 17 ug/L (also above 50 ug/L compliance level set by
current Division policy and noted in the permit).
2. At the time of the inspection, the effluent sampler had no thermometer which is essential in order
to determine that adequate temperature is maintained. The composite sampler was set to pull
samples on a time basis rather than flow proportional. The composite sampler was sampling too
high of a volume in each aliquot, resulting in the sample container being filled prior to the 24-hour
mark.
3. In accordance with Part II, Section D.6 of the subject permit, (Records and Retention), "Except for
records monitoring information required by this permit related to the permittee's sewage sludge
North Carolina Drpartmcnt of Environmental Quality I Division of War Resources
MooresvilLekegionatOffce I UFO. East Center Avenue, State 30] I Mooresv11e. NarthCaraeina 2aFFS
744.663.1699

use and disposal activates, which shall be retained for a period of at least five years (or longer as
required by 40 CFR 503), the permittee shall retain records of all monitoring information
including":
• All calibration and maintenance records
• All original strip chart recording of continuous monitoring instrumentation
• Copies of all reports required by the permit
• Copies of all data used to complete the application for this permit.
These records or copies shall be maintained for a period of at least three (3) years from the date of the
sample, measurement, report or application. At the time of the inspection, no records were available for
review for the period December 2018 through August 2021. It is the duty of the permittee to maintain all
records for a least three (3) years. The records that were unavailable include:
• Discharge Monitoring Reports (DMRs)
• Lab results with Chain of Custody
• Flow meter readings
• pH and other relevant instrument calibration records
• ORC log (including visitation records)
• Maintenance logs
A Notice of Violation and Notice of Recommendation for Enforcement, pursuant to G.S. 143-215.6A, may
result in a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per day, per violation and
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. You are requested to respond to this Notice in
writing within ten (10) days of receipt indicating your Plan of Action to ensure future compliance.
The report should be self-explanatory; however, should you have any questions concerning this report,
please do not hesitate to contact Ori Tuvia at [phone], or at [e-mail].
Sincerely,
— DocuSigned by:
`—A14CC681 AF27425...
W. Corey Basinger
Regional Supervisor
Mooresville Regional Office
Division of Water Resources
Cc: MRO Files (Laserfiche)
Brandon Long (E-copy)

United States Environmental Protection Agency
EPA Washington, D.C. 20460
Water Compliance Inspection Report
Form Approved.
OMB No. 2040-0057
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction
1 IN I
21IIIIII
Code NPDES yr/mo/day Inspection
2 IL I 3 I NC0062278 111 121 21/12/14 117
Type
1810I
IIIIIIIIIII
Inspector Fac Type
19I S I 2011
IIIIIIIIIII IIIIIII I IIIIII
P6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA Reserved
67I2.0 I 70I3 I 711 1 72 I N I 73I 1 74 751
I I 1
I I I I I I 180
l
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES oermit Number)
Berkley Oaks WWTP
602 Ramsey Cir
Gastonia NC 28052
Entry Time/Date
09:55AM 21/12/14
Permit Effective Date
21/06/01
Exit Time/Date
11:30AM 21/12/14
Permit Expiration Date
25/08/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
///
Charles Brandon Long/ORC/704-776-4443/
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Dax Nolen,720 S Colorado Blvd Ste 1150-N Denver CO 80246///
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations & Maintenar Records/Reports
Self -Monitoring Progran Sludge Handling DispoFacility Site Review Effluent/Receiving Wate
Laboratory
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and
Ori A Tuvia
Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers
/—DocuSigned by:
DWR/MRO WQ/704-663-1699/
____
BB057A2DE017498...
Date
1/5/2022
1/5/2022
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
W. Corey Basinger DWR/Division of Water Quality/704-235-2194/
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
DocuSigned by:
1/5/2022
�A14CC681AF27425...
Page# 1

NPDES yr/mo/day
31 NC0062278 111 121 21/12/14
I17
Inspection Type
18 [j
1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Page# 2

Permit: NC0062278
Inspection Date: 12/14/2021
Owner - Facility: Berkley Oaks WWTP
Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ❑
application?
Is the facility as described in the permit? • ❑ El El
# Are there any special conditions for the permit? El • El El
Is access to the plant site restricted to the general public? • ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? • ❑ ❑ ❑
Comment: The subject permit expires on 8/31/2025.
Record Keeping
Are records kept and maintained as required by the permit?
Is all required information readily available, complete and current?
Are all records maintained for 3 years (lab. reg. required 5 years)?
Are analytical results consistent with data reported on DMRs?
Is the chain -of -custody complete?
Dates, times and location of sampling
Name of individual performing the sampling
Results of analysis and calibration
Dates of analysis
Name of person performing analyses
Transported COCs
Are DMRs complete: do they include all permit parameters?
Has the facility submitted its annual compliance report to users and DWQ?
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified
operator on each shift?
Is the ORC visitation log available and current?
Is the ORC certified at grade equal to or higher than the facility classification?
Is the backup operator certified at one grade less or greater than the facility
classification?
Is a copy of the current NPDES permit available on site?
Facility has copy of previous year's Annual Report on file for review?
Yes No NA NE
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Comment: At the time of the inspection, the facility was missing records for the period of October
2018 through August 2021. When ORC was changed, the permittee has not
maintained the records from the previous ORC. New ORC also must obtain signature
authority for eDMR's so eDMR's may be submitted.
Page# 3

Permit: NC0062278
Inspection Date: 12/14/2021
Owner - Facility: Berkley Oaks WWTP
Inspection Type: Compliance Evaluation
Laboratory
Are field parameters performed by certified personnel or laboratory?
Are all other parameters(excluding field parameters) performed by a certified lab?
# Is the facility using a contract lab?
# Is proper temperature set for sample storage (kept at less than or equal to 6.0
degrees Celsius)?
Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees?
Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees?
Yes No NA NE
• ❑ ❑ ❑
❑ • ❑ ❑
❑ ❑ • ❑
Comment: On -site field analyses (pH, temperature, total residual chlorine) are performed under
Metwater, Inc.'s field laboratory certification #5615. Current ORC is field certified for pH
only and is in the process of becoming field certified for the remaining parameters.
Waypoint (Certification #402) has also been contracted to provide analytical support
for all remaining permit -required parameters (BOD, TSS, ammonia, fecal coliform). New
ORC has been using a chlorine meter that has an insufficient sensitivity range for
wastewater chlorine measurements, only reading down to 0.1 mg/I and unable to
measure in ug/L
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? El • El El
Is sample collected below all treatment units? • ❑ El El
Is proper volume collected? El El • El
Is the tubing clean? • El ❑ ❑
# Is proper temperature set for sample storage (kept at less than or equal to 6.0 El El • El
degrees Celsius)?
Is the facility sampling performed as required by the permit (frequency, sampling type El • El El
representative)?
Comment: At the time of the inspection:
1. The effluent sampler was missing a thermometer so the temperature of the
composite sampler could not be verified.
2. The ORC had the composite sampler set on time basis rather than flow proportional
basis.
3. The composite sampler was sampling too high of a volume in each aliquot, causing
the sampler container to be filled prior to the 24 hour mark.
Upstream / Downstream Sampling Yes No NA NE
Is the facility sampling performed as required by the permit (frequency, sampling type, El El El
and sampling location)?
Comment:
Operations & Maintenance
Is the plant generally clean with acceptable housekeeping?
•
Yes No NA NE
❑ ❑ ❑
Page# 4

Permit: NC0062278
Inspection Date: 12/14/2021
Owner - Facility: Berkley Oaks WWTP
Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable DOME
Solids, pH, DO, Sludge Judge, and other that are applicable?
Comment:
Bar Screens
Type of bar screen
a.Manual
b.Mechanical
Are the bars adequately screening debris?
Is the screen free of excessive debris?
Is disposal of screening in compliance?
Is the unit in good condition?
Comment:
Yes No NA NE
•
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• ❑ ❑ ❑
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Aeration Basins Yes No NA NE
Mode of operation Ext. Air
Type of aeration system Diffused
Is the basin free of dead spots? • ❑ ❑ ❑
Are surface aerators and mixers operational? ❑ ❑ • ❑
Are the diffusers operational? • ❑ ❑ ❑
Is the foam the proper color for the treatment process? • ❑ ❑ ❑
Does the foam cover less than 25% of the basin's surface? • ❑ ❑ ❑
Is the DO level acceptable? • ❑ ❑ ❑
Is the DO level acceptable?(1.0 to 3.0 mg/I) ❑ ❑ • ❑
Comment: The facility should develop and implement a maintenance program for the blower/motor
units. This should include regular oil change for the blowers.
Secondary Clarifier
Is the clarifier free of black and odorous wastewater?
Is the site free of excessive buildup of solids in center well of circular clarifier?
Are weirs level?
Is the site free of weir blockage?
Is the site free of evidence of short-circuiting?
Is scum removal adequate?
Yes No NA NE
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Page# 5

Permit: NC0062278
Inspection Date: 12/14/2021
Owner - Facility: Berkley Oaks WWTP
Inspection Type: Compliance Evaluation
Secondary Clarifier
Is the site free of excessive floating sludge?
Is the drive unit operational?
Is the return rate acceptable (low turbulence)?
Is the overflow clear of excessive solids/pin floc?
Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth)
Comment:
Yes No NA NE
• ❑ ❑ ❑
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Disinfection -Tablet Yes No NA NE
Are tablet chlorinators operational? • ❑ ❑ ❑
Are the tablets the proper size and type? • ❑ ❑ ❑
Number of tubes in use? 2
Is the level of chlorine residual acceptable? • ❑ ❑ ❑
Is the contact chamber free of growth, or sludge buildup? • ❑ ❑ ❑
Is there chlorine residual prior to de -chlorination? ❑ ❑ El •
Comment:
De -chlorination Yes No NA NE
Type of system ? Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)? • ❑ ❑ ❑
Is storage appropriate for cylinders? • ❑ El ❑
# Is de -chlorination substance stored away from chlorine containers? El El • El
Comment:
Are the tablets the proper size and type? • El El El
Are tablet de -chlorinators operational? • ❑ ❑ ❑
Number of tubes in use? 2
Comment:
Flow Measurement - Effluent
# Is flow meter used for reporting?
Is flow meter calibrated annually?
Is the flow meter operational?
(If units are separated) Does the chart recorder match the flow meter?
Yes No NA NE
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Page# 6

Permit: NC0062278
Inspection Date: 12/14/2021
Owner - Facility: Berkley Oaks WWTP
Inspection Type: Compliance Evaluation
Flow Measurement - Effluent Yes No NA NE
Comment: Flow meter has been annually calibrated.
Effluent Pipe
Is right of way to the outfall properly maintained?
Are the receiving water free of foam other than trace amounts and other debris?
If effluent (diffuser pipes are required) are they operating properly?
Comment:
Yes No NA NE
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Page# 7