NC0022462_LV20160191_20160919

PAT 1%4CCRDRY
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DONALD R. VAII DER VAART
Wa,qr Resources
ENwitZONMat+tat QUALITY S. JAY ZFMMERMAN
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Certified Ia'][ail#7013 2630 0002 1133 6082
Return Receipt Reguestedl
September 19, 2016 uolyyaroul-fkplad
feyl�rrli�.1c'3a���
Teresa I Schenk d3S
Sherwood Mobile Home Park Association g�dZ
Care Of DRS Realty Company
8255 Cascade Ave Ste 120
Commerce Township,MI 48382-2217
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES WW Permit No.NCO022462
Sherwood Mobile Home Park Association
Sherwood Mobile Home Park WWTP
Case No.LV-2016-0191
Onslow County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$317.25 ($200.00 civil penalty+
$117.25 enforcement costs)against Sherwood Mobile Home Park Association.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR)
submitted by Sherwood Mobile Home Park Association for the month of June 2016. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.
NC0022462. The violations,which occurred in June 2016, are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Sherwood Mobile Home Park Association violated the
terms, conditions or requirements of NPDES WW Permit No.NCO022462 and G.S. 143-215.1(a)(6) in the manner and
extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty
may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources,I, James H. Gregson,
Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment against Sherwood
Mobile Home Park Association:
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
910-796-7215

$200.00 2 of the 3 violations of 143-215.1(a)(6) and Permit No.N00022462,by discharging waste water into
the waters of the State in violation of theterrpit Daily Maximum for BOD - Cone.
$200.00 TOTAL CIVIL PENALTY
$117.25 Enforcement Costs
$317.25 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty(30) days of receipt of this notice,you must do Orme of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option Ile Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
i
In order to request remission,you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing-, and Stipulation of Facts"form within thirty Q 0) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions) -provided
the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §15013-23.2) is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding;the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1)copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal
date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions,please contact Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at(910)796-7215 or via email at [e-mail].
Sincerely,
a es H. Gyson� g Pre Regional Supervisor
Gregson,
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File

JUSTIFICATION]FOR R EMESSION REQUEST
Case Number: ]LV-2016-0191 County: Onslow
Assessed Party: Sherwood Mobile Home Park Association
Permit No.: NC0022462 Amount Assessed: $317.25
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. '
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences),-
(c)
ccurrences);(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidahle or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF ONSLOW
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF]FACTS
Sherwood Mobile Home(Park Association )
Sherwood Mob lle Home Park WWTP )
PERMIT NO.NCO022462 ) CASE NO. LV-2016-0191
Having been assessed civil penalties totaling$317.25 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 19,2016,the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(3 0) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the
notice of assessment.
This the day of 720
SIGNATURE
ADDRESS
TELEPHONE

i
ATTACHMENT A
Sherwood Mobile Dome Park Association
CASE NUMBER: LV-2016-0191
PERMIT: NCO022462 REGION: Wilmington
FACILITY: Sherwood Mobile Home Park ViWTP COUNTY: Onslow
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount
6/21/2016 6-2016 BOD,5-Day(20 Deg. 3 X week mg/I 7.50 9 20.0 Daily Maximum $100.00
C)-Concentration Exceeded
6/22/2016 6-2016 BOD,5-Day(20 Deg. 3 X week mg/I 7.50 9 20.0 Daily Maximum $100.00
C)-Concentration Exceeded
6/29/2016 6-2016 BOD,5-Day(20 Deg. 3 X week mg/I 7.50 8 6.7 Daily Maximum $0.00
C)-Concentration Exceeded

1DMSION OF WATER RESOURCES- CEVIL PENALTY ASSESSMENT
Violator: Sherwood Mobile Rome Farb Association
]Facility Name: Sherwood Mobile Rome Park WWTF
Permit Number: NC0022462
County; Onslow
Case Number: ]LV-2016-0191
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State,to the public health, or to private
property resultin from the violation;
44
2) The duration and gravity of the violation;
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i fll dI'
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7 The prior record of the violator in complying in or failing to comply with programs over which the
P pY g g pY p g
]Environmental Management Commission has regulator
� authority; and
S) The cost to the State of the enforcement procedures.
$117.25
ate 4111e; . Gregs n,Regional Supervisor
a er Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ

PAT -NIT
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Ccer(tiiffucedl MaH # 7013 2630 0002 JL13 3 (6907
ka tuirn IRIece0rp t Rceguestedl
August 11, 2016
Teresa I Schenk
Sherwood Mobile Home Park Association
Care Of DRS Realty Company
8255 Cascade Ave Ste 120
Commerce Township, MI 48382-2217
SUBJECT: M07UC E OF VIIOLATHON &KN7ENT TO ASSESS CIIMIIfL PEInAL II
Tracking Number: NOV-2016-LV-0457
Permit No. NCO022462
Sherwood Mobile Home Park WWTP
Onslow County
Dear Permittee:
A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Lum it(Exoeedancce V6 ationfsl-
SamrDpape Um it Reported.
LoccaUon Parameter Dane Vague Vague Type of Vuopation �
001 Effluent BOD, 5-Day(20,Deg. C) - 6/21/2016 7.5 9 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5-Day (20 Deg. C) - 6/22/2016 7.5 9 Daily Maximum Exceeded
i
Concentration (C0310)
001 Effluent BOD, 5-Day (20 Deg. C) - 6/29/2016 7.5 8 Daily Maximum Exceeded
Concentration (C0310)
r
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 NPDES 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.
4y
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
910-796-7215

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 recent of tfis Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
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-¢par paces od, al ccudiip penalpty
assessment may be prepared.
aced.
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.
Keo9 lindlcer: Pursuant to Permit Condition 6 in Section E, 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.
Additionally, and if you have not already done so, you may wish to consider registering to use the Division's new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.o[g/web/wq/admin/bog/ipu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Dean Hunkele of the
Wilmington Regional Office at 910-796-7215.
Sincerely
C�
Jam -Cr son, Regional Supervisor
AY" Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Wilmington Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
i
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
910-796-7215

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August 25, 2016
Dean Hunkele
Water Quality Regional Operations
127 Cardinal Drive
Wilmington,NC 28405
RE: Notice of Violation and Intent to Asses Civil Penalty Permit NCO022462
Tracking Number:NOV-2016-LV-0457 Sherwood Mobile Home Park WWTP
Dear Mr. Hunkele
I communicated with the operator, Mikel Seely, and reviewed the Permit Condition noted
in the violation letter to ensure that any exceedances are communicated. In addition,he
stated that there were no other exceedances that month and believed the cause was due to
the heat and the heat in the vehicle when the samples were being transferred given that
the TSS levels did not rise and said they are normally correlated.
He feels that the readings are not actual due to all others being 3 or lower.
If you have any other questions, please contact me.
Sincerely,
-relmsialsc
Teresa Schenk,
GP Sherwood MH Park.
Cc: Manager
Mikel Seely, Operator
5herwood Manufactured Home Community
753 Tallman Circle o Midway Park, NC 23544
Phone: [phone] - Fax: [phone] o [e-mail]

X
PDES PERMIT NO.:NCO022462 PERMIT VERSION:4.0 ` PERMIT STATUS:Active
FACILITY NAME:Sherwood Mobile Home Park CLASS:WW-3. COUNTS':Onslow
WWTP '
OWNER NAME:Sherwood Mobile Home Park ORC:Mikel Howard Seely ORC CERT NUMBER:991130
Association
GRADE:WW-4. ORC HAS CLANGED:No
eDMR PERIOD:06-2016(June 2016) VERSION: 1.0 STATUS:Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
E 50050 00010 00400 50060 C0310 C0610 C0530 31616 00300
G R �
E L E
c Q E in t Continuous Daily-- 3 X week 5 X week 3 X week 3 X week 3 X week 3 X week 3 X week
y V O d o Recorder Grab Grab Grab Composite Composite Composite Grab Grab
6
E o-4 r
E v R
O OF F Oa O O Z C FLOW TEMP-C PH CHLORINE BOD-Cont NH3-N-Conc TSS-Conc FEC COLI DO
2400 clock Hrs 2400 clock Hrs Y/BM mgd deg c su ug/I mg/I mgfl magfl 9/I00ml mg/I
1 10645 24 0630 1 1 Y 1 0.07 24 7.8 is <2 <O1 <25 <1 64
2 0645 24 0630. 1 Y 0.044 23 23 <2 <01 <28 <1 6
3 0700 1 Y 0.04 23 28
4 0.038
5 0.038
6 0615 24 0600 1 Y 0.049 26 7.4 24 <2 <0.1 <2.5 <1 61
7 0600 1 Y 0.072 24 7.4 14 6.1
8 0645 24 0630 1 Y 0.046 24 7.6 14 <2 <0.1 <2.5 <1 6.1
9 0800 24 0800 l Y 0.055 22 38 <2 <0.1 <2.5 <I
10 1530 1 Y 10.025 26 1 38
11 0.04
12 0.04
13 0730 24 0730 1 Y 0.032 24 7 6 20 <2 <01 <2.5 <1 6.1
14 10645 24 0630 1 Y 0.04 23 76 20 <2 0.2 <25 <1 6.3
15 0630 24 0615 11 Y 0.047 25 7.6 117 <2 <0.1 <2.8 1<1 6.1
16 0830 1 Y 0.039 25 18
17 0730 I Y 0.033 25 24
12 0.035
19 0 035
20 0745 24 0730 1 Y 0.031 22 7.8 22 7 <01 <2.5 <1 6.1
21 0645 24 0630 1 Y 0.035 24 7 6 28 9 <0.1 <2.5 <1 6
22 0645 34 0630 1 Y 0 037 25 7 6 22 9 <01 <25 <1 6
23 0630 1 Y 0.035 26 17
24 0700 1 Y 0.04 26 28
25 0.032
26 0.032
27 0725 24 0725 1 Y 0.033 25 7.6 33 ' 7 <0.1 <2 5 <1 6
28 0630 24 0630 1 Y 1 0.036 25 7.6 38 6 <0.1 <25 <1 6
29 0630 24 0630 It Y 0.038 25 7.6 38 8 <0.1 <2.5 <1 6.2
30 0730 1 1 Y 0.037 25 28
Monthly Average Limit: 0.06 5 2 30 200
Monthly Average: 0.040133 24.409091 25 3285714 0.014286 0 1 6.107143
�7c,ri51Y1f�rrrDailyMaximum: 0.072 26 78 38 9 0.2 0 0 6.4
n­�SCv_ . sl ' tOjglt 0--0 5 22 7.4 14 0 0 0 0 6
"'+•NoReporting Reason:ENFRUSE=NoFlow-Reuse/Recycle; ENVWTHR=No Visitation-Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation-Holiday
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