NC0062278_NOV2015LV0490_20150805

Pat McCrory
Governor
Aro';A
NC®ENR
North Carolina Department of, Environment and Natural Resources
8/5/2015
Donald van der Vaart
Secretary
CERTIFIED MAIL #7015 0640 0002 9295 6774 RECEIVED/DENROVA/P
RETURN RECEIPT REQUESTED
AUG 12 ?-015
Mr. Sam Misuraca e mater Quality
u lity
P
Manager, Berkley Oaks, LLC - g ectior
821 W. Elven Mile Rd.
Royal Oak, NC 48067
Subject: Notice of Violation and Notice of Recommendation for Enforcement
Tracking Number NOV-2015-LV-0490
Berkley Oaks WWTP
NPDES Permit NCO062278
Gaston County
Dear Mr. Misuraca:
A review of the April 2015 self-monitoring report for the subject facility revealed a violation of the
following parameter at Outfall 001:
Date Parameter Reported Value Permit Limit
4/30/2015 Ammonia 4.39 mg/I .2 mg/l (Monthly average)
A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE) is being issued
for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.
NC0062278. 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 violations, request technical
assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this
Notice. A review of your response will be considered along with any information provided on the
April 2015 Discharge Monitoring Report. You will then be notified of any civil penalties that may be
assessed regarding these violations. If no response is received in this Office within the 10 -day
period, a civil penalty assessment may be prepared.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone [phone] Fax: [phone] Customer Service: 1.877.623-6748
Internet: hUp://portal.ncdenr.org/weblwq
An Equal Opportunity1 Affirmative Action Employer — 30% Recycled/10% Post Consumer paper

NOV-2015-LV-0490 Page 2
Remedial actions, if not already implemented, should be taken to correct any problems. The Division
of Water Resources may pursue enforcement actions for this and any additional violations. 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.
If you have questions concerning this matter, please do not hesitate to contact Ori Tuvia or myself at
[phone].
Sincerely,
c
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
cc: Wastewater Branch
MSC 1617 — Central Files Basement