NC0062278_NOV2018SS0001_20180218

A
Environmental
Quality
February 2, 2018
CERTIFIED MAIL # 7015 1370 0000 2595 7450
RETURN RECEIPT REQUESTED
Mr. Sam Misuraca
Berkley Oaks, LLC
821 West Eleven Mile Road
Royal Oaks, MI 48067
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DECEIVED/DENR/DWR
FEB 1,3 2018
Water Resources
Permitting Section
Subject: Notice of Violation/Notice of Recommendation for Enforcement Action
NOV-2018-SS-0001
Berkley Oaks WWTP
NPDES Permit No. NCO062278
Gaston County
Dear Mr. Misuraca:
Chapter 143, Article 21 of the North Carolina General Statutes (G. S.) authorizes and directs
the Environmental Management Commission of the Department of Environmental Quality to
protect and preserve the water resources of the State. The Division of Water Resources (DWR)
has the delegated authority to enforce adopted water pollution control rules and regulations.
On January 4, 2018, a complaint was reported to this Office that approximately 200 linear
feet of an unnamed tributary to McGill Branch was impacted due to sewage sludge from the
Berkley Oaks wastewater treatment facility. Mooresville Regional Office (MRO) staff conducted
an initial investigation at the subject site on January 5, 2018 and confirmed that the unnamed
tributary to McGill Branch (Class C waters in the Catawba River Basin) had been impacted by
sewage sludge from the Berkley Oaks wastewater treatment facility. Accordingly, the following
violations were noted:
1) Sewage sludge (settleable solids) was observed in the unnamed tributary to McGill
Branch (Class C waters in the Catawba River Basin). This consititutes a settleable solids
violation. The deposition of sewage sludge (settleable solids) observed in the stream is
a violation of ISA NCAC 2B .0211(8) which states "...floating solids; settleable solids;
sludge deposits: only in such amounts attributable to sewage, industrial wastes or other
wastes as will not make the water unsafe or unsuitable for aquatic life and wildlife or
impair the waters for any designated uses."
Mooresville Regional Office
Location 610 East Center Ave , Suite 301 Mooresville, NC 28115
Phone [phone] Fax [phone] Customer Service 1-877-623-6748
Internet www ncvuaterquality m

2) The sewage sludge (settleable solids) accumulated in the unnamed tributary to McGill
Branch (Class C waters in the Catawba River Basin) is also a violation of best usage.
Any accumulation of sewage sludge (settleable solids) and/or associated materials in
the stream represents a violation of best usage. Specifically, you are in violation of
15A NCAC 2B .0211 (2) which states the following: "waters shall be suitable for
aquatic life propagation and maintenance of biological integrity, wildlife, secondary
recreation, and agriculture, sources of water pollution which preclude any of these
uses on either a short-term or long-term basis shall be considered to be violating a
water quality standard "
The photographs below, taken on January 5, 2018, document the above noted violations:
MRO staff immediately contacted the Operator in Responsible Charge (ORC), Mr. Dusty
Metreyeon and the contract operations firm Kace Environmental. MRO staff instructed Mr.
Metreyeon and Kace Environmental staff to make the necessary arrangements to immediately
begin efforts to remove the sewage sludge from the unnamed tributary to McGill Branch.
However, the sewage sludge removal effort did not commence until January 10, 2018. On
January 10, 2018, MRO staff were requested to visit the site by cleanup contractor Stanley
Environmental to provide guidance and direction for the removal efforts. Upon arrival on site,
MRO staff inspected the stream with the Stanley Environmental staff and determined that due to
the delay in commencing the removal efforts, the affected area had increased to a total of nearly
3500 linear feet of stream. A fmal follow-up inspection was conducted on January 29, 2018 by
MRO staff to verify that the sewage sludge removal had been completed.

Environmental
Quality
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Interim Director
The photographs below, taken on January 10, 2018, document the additional impacted
stream segment:
Please be advised that this letter is a Notice of Violation with a Recommendation for
Enforcement Action. You are requested to respond to this Notice, in writing, regarding the above
noted violations, within fifteen (15) days of receipt. The response should include all remedial
actions including the specific activities to prevent the recurrence of these violations as well as
detailing the sewage sludge removal efforts that have been completed to date. Failure to respond
and/or failure to resolve the violations could subject you to further action by the Division of Water
Resources. Please be advised that pursuant to G.S. 143-215.6A, 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.
Should you have any questions concerning this Notice, please do not hesitate to
contact Ori Tuvia at [phone]/ori.tuviaancdenr.gov or me at [phone]
corey basingeramcdenngov.
Sincerely,
W. Corey Basinger
Regional Supervisor
Mooresville Regional Office
Division of Water Resources
Cc: NPDES
MRO Files
Adam Coe (E -copy)
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org