NC0062278_Remission Request_20180524

BERKLEY OAKS, L.L.C.
821 West Eleven Mile Road
Royal Oak, MI 48067
Phone: [phone] • Fax: [phone]
F. -Mail: samQoakridgemgt.com
May 24, 2018
Karen Higgins
DWR-401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, North Carolina 27604
RE: Assessment of Civil Penalties
Berkley Oaks, LLC
Berkley Oaks Mobile Home Park. Gastonia, NC
Gaston County
Case No. SS -2018-0001
Dear Ms. Higgins:
RECEIVEDINCDENRIDWR
WQROS
MOORESVILLE REGIONAL OFFICE
We are requesting remission of the civil penalties outlined in your correspondence of April
18, 2018. received in this office on April 26. 2018, a copy of which is attached. based on the
following:
I. We were advised by our ORC that the discharge was the result of leakage from a pipe
which cracked due to extremely frigid weather, an event we consider the equivalent
of an accident and inadvertent on our part.
2. As soon as we became aware of the problem, we promptly engaged a contractor to
take all action necessary to remove the sewage sludge, imposing no limitation on the
contractor whatsoever.
3. When it became apparent that the first contractor could not do the work as quickly as
we required, we engaged an additional contractor to work side by side with the first
contractor. Ultimately the sewage sludge was removed as noted in the attached
Findings of Fact.
4. In all we incurred bills to remove the sludge in the total amount of $37,522. which
amounts were immediately paid, an enormous financial burden for a company of our
size.
5. In addition, we have engaged a contractor to make upgrades to our plant costing an
additional $16,700. In order to make these payments exceeding $50.000, we were
required to borrow outside fiords.
6. We acknowledge that this damage is ultimately our responsibility, but we would hope
that our actions in dealing with this incident would incline you toward remission of
the civil penalties.

May 2=1.2018
Page two
---------------
rhank you for your consideration.
Very tru y yours.
am Misuraca
cc: Corey Basinger and Ori Tuvia
ti41
FFICIOSUres

STATE OF NORTH CAROLINA
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Berkley Oaks, LLC
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. SS -2018-0001
Having been assessed civil penalties totaling4 982.85 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Resources dated April 18, 2018, the
undersigned, desiring to seek remission of the civil penalties, 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 (30)
calendar days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) calendar days from the receipt of the civil penalty assessment.
This the o2 day of /i%/I 20 I0
'31W
NAME (printed)
SIGNATURE
ADDRESS
aeven
TELEPHONE

Water Resources
NV IRO.IYl1.I Al OV (1111 Y
April 18, 2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1300 00001124 5327
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1300 00001124 5334
ROY ('OOPNR
MICHAEL S. RI:GAN
I INDA C'UI.PEPI'IiR
Berkley Oaks, LLC
Berkley Oaks, LLC
Sam Misuraca - Manager
Deborah Faron - Registered Agent
821 West Eleven Mile Road
3714 Walkers Cove Trail
Royal Oak, MI 48067
Charlotte, NC 28214-3441
SUBJECT: Assessment of Civil Penalties
Berkley Oaks, LLC
Berkley Oaks Mobile Home Park, Gastonia, NC
Gaston County
Case No. SS -2018-0001
Dear Sir and Madam:
This letter transmits notice of a civil penalty assessed against Berkley Oaks, LLC in the amount of
$4.982.85, which includes $982.85 in investigative costs. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environmental Quality (DEQ) and the Director of the Division of Water Resources (DWR).
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty (30) calendar days of receipt of this notice, you must do one of the following three options:
1. Submit payment of the penalty, OR
2. File a request for remission of civil penalties, OR
3. File a written petition with the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your receipt of
these documents will result in this matter being referred to the Attorney General's Office with a request
to Initiate a civil action to collect the penalty.
These options are detailed below:
Ostion 1— Submit Payment of the Penalty
Payment should be made to the order of the Department of Environmental Quality (DEQI.
Please include the Case No. SS -2018.0001 on your check or money order. Payment of the
RECE1%/FO OR 2 6 2016
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Berkley Oaks, LLC
Gaston County
Case No. SS -2018-0001
Page 2 o13
penalty will not foreclose further enforcement action for any continuing or new violation(s).
Payment must be sent within 30 calendar days of receipt of this notice to the following:
q sending via US Postal Service
Karen Higgins
DWR-401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Karen Higgins
DWR-401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
Option 2 — File a request for remission of civil Penalties:
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for contesting the accuracy of any of the
statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a request
will not be processed without a waiver of your right to an administrative hearing and a
stipulation that there are no factual or legal issues in dispute.
You must execute and return to this office the attached "Waiver of Right to an Administrative
Hearing and Stipulation of Facts" and the attached "Justification for Remission Request" which
should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B -282.1(b) were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(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.
For this option you must file your request for remission of civil penalties within thirty (30)
calendar days of receipt of this notice. Submit this information to the following:
If sending via US Postal Service
Karen Higgins
DWR-401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Karen Higgins
DWR —401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
Option 3 — File a written petition with the Office of Administrative Hearings:
This decision can be contested as provided in General Statute 1508 by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (OAH) within thirty (30)
calendar days of your receipt of this notice.

aerkley Oaks, LLC
Gaston County
Case No. 55 20180001
Page 3 of 3
A petition form may be obtained from the OAH at http;//www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays). The petition may be faxed to the OAH at [phone], provided the original and one
copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
If sending via U.S. Postal Service: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to the Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality (DEQ)
1601 Mail Service Center
Raleigh, NC 27699-1601
The violations addressed by this assessment and any impacts to waters must be abated and properly
resolved. You are encouraged to contact Ori Tuvia with the DWR Mooresville Regional Office at (704)
663-1699 if you need assistance in achieving compliance at the site. Please be advised that additional
assessments may be levied for future, continuing, or other violations beyond the scope of this specific
assessment.
If you have any questions, please see the following website: httos://4o1-buffer-permitting-compliance-
assistance-program or contact Shelton Sullivan at [phone] or Karen Higgins at [phone].
Sincerely,
Jeffrey 0. Poupart
Division of Water Resources
ATTACHMENTS
cc: Corey Basinger / Andrew Pitner /Or! Tuvia - DWR Mooresville Regional Office —email copy
401 & Buffer Permitting Branch- File Copy

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
COUNTY OF GASTON ENVIRONMENTAL QUALITY
IN THE MATTER OF: )
CASE NO. SS -2018-0001
BERKLEY OAKS, LLC )
)
FOR VIOLATIONS OF )
FINDINGS AND DECISION
15A NCAC 02B.0211 (2) and )
AND ASSESSMENT OF
15A NCAC 02B.0211 (8) )
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (hereby known as G.S.) 143-215.6A, I, Jeffrey 0.
Poupart, of the Division of Water Resources (hereby known as DWR), make the following:
1. FINDING OF FACT
A. Berkley Oaks, LLC is responsible for operating a wastewater treatment plant (W WTP),
which treats the wastewater from Berkley Oaks Mobile Home Park located off NC
State Road 1112, near Gastonia, in Gaston County, North Carolina.
B. On January 5, 2018, DWR Mooresville Regional Office staff conducted a site inspection
after receiving a complaint call on January 4, 2018. During the inspection, DWR
observed that sewage sludge from the Berkley Oaks WWTP had impacted
approximately 200 linear feet of stream. On January 5, 2018, DWR notified the
Operator in Responsible Charge (ORC) and environmental contractor and instructed
them to immediately begin efforts to remove the sewage sludge from the stream.
C. On January 10, 2018, DWR Mooresville Regional Office staff conducted a follow-up
site inspection at the request of the environmental contractor for Berkley Oaks, LLC
and noted that while the cleanup had commenced, the sewage sludge in the stream
had extended to approximately 3,500 linear feet downstream.
D. Title 15A North Carolina Administrative Code (hereby known as NCAC) 02B .0211 (2)
requires that 'The 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."
E. Title 15A NCAC 02B.0211 (8) states that: "Floating solids, settleable solids, or sludge
deposits: only such amounts attributed to sewage, industrial wastes, or other wastes
as shall not make the water unsafe or unsuitable for aquatic life and wildlife or impair
the waters for any designated uses."

Berkley Oaks. LLC
Gaston County
Page 2 of 3
On January 29, 2018, Mooresville Regional Office staff conducted a follow-up site
inspection and observed that the sewage sludge removal had been completed.
G. On February 2, 2018, the DWR Mooresville Regional Office issued a Notice of Violation
and Recommendation for Enforcement to Berkley Oaks, LLC. DWR records indicate
that this Notice of Violation was delivered on February 15, 2018. DWR received a
response dated March 15, 2018 from Berkley Oaks U.C.
The impacts occurred to an unnamed tributary to McGill Branch, Class C waters,
within the Catawba River Basin.
The cost to the State of the enforcement procedures in this matter totaled $982,85.
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. Berkley Oaks, LLC is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212 (4).
B. The unnamed tributary located at the site constitutes waters of the State within the
meaning of G.S. 143-212 (6).
C. Berkley Oaks, LLC violated Title 15A NCAC 02B .0211 (2) for loss of use of
approximately 200 linear feet of stream.
D. Berkley Oaks, LLC violated Title ISA NCAC 02B .0211 (8) by impacting approximately
200 linear feet of stream with sewage sludge deposits.
E. Berkley Oaks, LLC may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A (a)(1), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation per day may be assessed against a person
who violates any classification, standard, limitation, or management practice
established pursuant to G.S. 143-214.1, 143-214.2, or 143-215.
F. Berkley Oaks, LLC may be assessed civil penalties pursuant to G.S. 143-215.6A (a)(6)
which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00) per violation per day may be assessed against a person who violates a
rule of the Commission implementing this Part, Part 2A of this Article, or G.S. 143-
355(k).
G. The State's enforcement cost in this matter may be assessed against Berkley Oaks,
LLC pursuant to G.S. 143-215.3 (a)(9) and G.S. 14313-282.1 (b)(8).

Berkley Oaks, LLC
Gaston County
Page 3 of 3
H. Jeffrey 0. Poupart of the Division of Water Resources, pursuant to delegation
provided by the Secretary of the Department of Environmental Quality and the
Director of the Division of Water Resources, has the authority to assess civil penalties
in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, Berkley Oaks, LLC is hereby assessed a civil penalty of:
_ for violation of Title 15A NCAC 02B .0211 (2) for loss of use of
G/approximately 200 linear feet of stream
S !, 000 for violation of Title ISA NCAC 02B .0211 (8) by impacting
approximately 200 linear feet of stream with sewage sludge deposits
,
D0r TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
982.85 Enforcement Cost
s `, v • '9'� TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the factors
set out in 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 violations;
(2) The duration and gravity of the violations;
(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 violations were 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
Date Jeffrey O. Poupart
Division of Water Resources