S TATE OF M ICHIGAN

DEPARTMENT OF
ENVIRONMENT, GREAT LAKES, AND ENERGY
W ARREN D ISTRICT O FFICE
GRETCHEN WHITMER LIESL EICHLER CLARK
GOVERNOR DIRECTOR

October 22, 2021

VN-012425

VIA EMAIL

Ms. Veronica D’Hondt

Yes Communities
32255 Northwestern Highway, Suite 201
Farmington Hills, Michigan 48334

Dear Ms. D’Hondt:

SUBJECT: Violation Notice

Designated Site Name: Holly Hills MHP

On October 15, 2021, staff of the Department of Environment, Great Lakes, and Energy
(EGLE), Water Resources Division (WRD), conducted an inspection at the Holly Hills Mobile
Home Park (MHP), located at 16181 Lancaster Way, Holly Township, Michigan 48442 (Site), to
determine compliance with Part 31, Water Resource Protection, of the Natural Resources and
Environmental Protection Act, 1994 PA 451, as amended, MCL 324.3101 et seq., and the
Administrative Rules promulgated thereunder; Part 91, Soil Erosion and Sedimentation Control
(SESC), of the NREPA, MCL 324.9101 et seq., and the Administrative Rules promulgated
thereunder, Rule 323.2190, Permit-By-Rule of the 1979 Administrative Code (Permit-By-Rule);
Part 303, Wetlands Protection, of the NREPA, MCL 324.30319 et seq., and the Administrative
Rules promulgated thereunder.

Participants in the site inspection included Ms. Cheryl Petroski-Wilson, Ms. Melinda Steffler, and
Ms. Veronica Porter, with EGLE WRD, along with Mr. Kenneth Thompson and Mr. Danny Doig,
Holly Hills MHP, and Mr. Joseph Gardner and Mr. Chris LaFave with the Oakland County Water
Resources Commissioner Soil Erosion Sedimentation County (SESC) County Enforcing Agency
(CEA). The inspection included a review of the SESC plan, SESC measures, and current site
conditions relative to construction activities at the site.

Construction Storm Water/SESC Program

At the time of the site inspection, WRD staff confirmed that the construction site was not
covered by a Notice of Coverage (NOC) under Permit-By-Rule. As the Holly Hills MHP
development is greater than five acres and has a discharge to surface waters of the state, an
NOC is required. Therefore, Holly Hills MHP will need to submit an application for the NOC and
implement the Part 31 Permit-By-Rule requirements. Please see the enclosed Frequently Asked
Questions regarding these requirements.

During the inspection on October 15, 2021, EGLE staff confirmed that a lack of SESC measures
resulted in unlawful discharges of sediment to the wetlands (waters of the state) east of the site.
The discharge of sediment to waters of the state is a violation of Part 31 and Part 91 of the
NREPA, and Permit-By-Rule. Holly Hills MHP is expected to immediately take all necessary and
Ms. Veronica D’Hondt 2 October 22, 2021

otherwise lawful actions on the Site to achieve and maintain compliance with Part 91, Part 31,
and Permit-By-Rule, and to prevent any future discharge of sediment from the site.

Please note that Holly Hills MHP or any of its authorized agents are expected to obtain any
state, local, or federal regulatory approvals and permits applicable to any actions taken to bring
the site into compliance from the appropriate agencies. Please also be reminded that Holly Hills
MHP is required to comply with any and all Part 91 permits, requirements, and directives from
the Oakland County Soil Erosion Agency.

Part 303 Wetlands Protection

EGLE WRD staff inspected a wetland area northeast of the discharge at the site. A pump was
running that was actively dewatering this area. Staff were informed that the wetland was not
regulated as it did not meet the requirements specified in Part 303 Wetlands Protection of the
NREPA. The water from this area was being directed to an existing storm water detention pond
at the site.

Participants in the inspection were informed that a storm water pond is planned in the northern
portion of the property, during a future phase of the site development. Review of the site plans
provided by Holly Hills MHP indicate this pond has an outlet to a wetland. Discharging storm
water to a state regulated wetland is a regulated activity under Part 303 and requires a permit
from EGLE. Additional information is requested from Holly Hills MHP to ensure the site
development has obtained all applicable permits/authorizations in accordance with Part 303
prior to construction of the storm water pond.

Conclusion

The violations identified in this Violation Notice are violations of Part 31 of the NREPA, Part 91
of the NREPA, Part 303 of the NREPA and the Permit-By-Rule. Therefore, Holly Hills MHP
should take immediate action to achieve compliance with Part 31 of the NREPA, Part 91 of the
NREPA, Part 303 of the NREPA and the Permit-By-Rule.

Holly Hills MHP is required to submit a response to this Violation Notice which includes a
corrective action plan (CAP). The response, including a CAP, shall be submitted via MiWaters
no later than November 5, 2021. At a minimum, the response shall include:

1. A detailed description and compilation of activities undertaken to date since the

inspection on October 15, 2021, and those planned for future implementation to prevent
another discharge of sediment to adjacent properties or to surface waters of the state.
Please provide photos to demonstrate the placement of or the effectiveness of SESC
measures that have been implemented to date.

2. A Corrective Action Plan (CAP) that includes, at a minimum, a detailed site plan showing
the existing, new, and/or planned SESC measures implemented or intended to be
implemented to address all areas of earth disturbance to prevent any future off-site
discharge of sediment. The CAP shall also include a detailed timing and sequencing
plan for implementing the planned SESC measures with a detailed projected schedule
for the remaining earth change activities taking place on-site through the anticipated final
stabilization efforts.
Ms. Veronica D’Hondt 3 October 22, 2021

3. A list of efforts you have taken or plan to take to remove sediment that discharged off-
site. Include photographs of any sediment cleanup completed. For any sediment
removal you are planning to do on adjacent properties, it is your responsibility to obtain
(and properly document) authorizations/approval from the impacted property owners
prior to conducting any work on their properties. Please note that for any such work
planned along or in the adjacent wetland areas there shall be no equipment or
machinery in the wetlands, therefore sediment may only be removed by scraping it out
with a hand shovel, so organic soils and wetland vegetation are not disturbed.

4. Proof or registration with the EGLE Water Withdrawal Assessment Tool to verify
compliance with the rate of withdraw from the wetland area. Owners of prospective new
or increased large quantity withdrawals are required to register with EGLE prior to
beginning a withdrawal by using the online Water Withdrawal Assessment Tool. The
Water Withdrawal Assessment Tool is a screening system that predicts whether a large
quantity withdrawal is likely to cause an adverse resource impact to nearby streams or
rivers. If the withdrawal passes the Water Withdrawal Assessment Tool screening
system, it can be registered immediately, and the registration receipt is EGLE
authorization to make the withdrawal. If the proposed withdrawal doesn't pass the Water
Withdrawal Assessment Tool, a site-specific review can be requested to pursue
registration with the EGLE. Please be advised that performing this task does not
constitute a release or waiver of liability for violations of Part 303.

5. The MiWaters submission number showing that an NOC has been applied for, the name
of the Construction Storm Water Operator (CSWO) for the site, and the receipt of
payment for the NOC application fee.

6. The wetland delineation, if one was conducted prior to construction, which shows
wetland boundaries as determined by a wetland consultant.

7. Any documentation received in the past that established whether the wetland being
actively dewatered was a regulated or unregulated wetland.

8. The MiWaters permit numbers of any EGLE permits that authorized wetland impacts to
State regulated wetlands under Part 303.

9. The MiWaters submission number showing that a permit was applied for under Part 303
to authorize construction of a storm water outfall to wetland, from the planned storm
water detention pond.

In addition to the items above, if Holly Hills MHP has information it would like EGLE to consider
regarding the violations identified in this Violation Notice, please provide it with the written
response.

Please be advised that failure to respond to this notice by the above deadline may subject Holly
Hills MHP to escalated enforcement action and penalties, as provided by Part 31. Please be
advised that compliance with the terms and conditions of this Violation Notice does not
constitute a release or waiver of liability for past, present, or continuing violations of Part 31,
Part 91, Part 303, or Permit-By-Rule, or other statutes, if applicable.

Please be further advised that EGLE reserves the right to require future activities, potentially
including wetland restoration and/or other possible corrective actions as may be identified by the
Ms. Veronica D’Hondt 4 October 22, 2021

WRD. EGLE also reserves the right to take additional and/or escalated enforcement actions
including, but not limited to, civil actions seeking fines with regards to past, continuing, or future
violations.

We anticipate your cooperation in resolving this matter. Should you require further information,
or if you would like to arrange a meeting to discuss these matters, contact me directly at 586-
601-7684; Petroskic@Michigan.gov or Veronica Porter at 586-256-3762;
PorterV1@Michigan.gov; or EGLE, WRD, Warren District Office, 27700 Donald Court, Warren,
Michigan 48092-2793.

Sincerely,

Cheryl Petroski-Wilson
Warren District Office
Water Resources Division

Veronica Porter
Warren District Office
Water Resources Division

Attachment
cc: Mr. Danny Doig, Yes Communities
Mr. George Kullis, Holly Township Supervisor
Mr. Joseph Gardner, OCWRC SESC Agent
Ms. Melinda Steffler, EGLE WRD
Mr. Andrew Hartz, EGLE WRD