NC0028606_Regional Office Historical File Pre 2018 (5)

ROY COOPER
Goon&
MICHAEL S. REGAN
serreary
S. JAY ZIMMERMAN
otectior
Certified Mail #7015 1520 0002 6880 3068
Return Receipt Requested
September 01, 2017
Jason Joyce
NC DOT — Environmental Operations.
PO Box 250
North Wilkesboro, NC 28659-0250
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215, 6
and NPDES WW Permit No, NC0028606
NC DOT Division 11
1-77 Rest Area Iredell County
Case No. LV-2017-0264
Iredell County
Dear Mr. Joyce:
This letter transmits a Notice of Violation and assessment of civil penalty in of$403.29 ($300.00 civil penalty +
$103,29 enforcement costs) against NC DOT Division 11.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by NC DOT Division 11 for the month of April 2017. 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. NC0028606. The
violations, which occurred in April 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that NC DOT Division 11 violated the terms, conditions or
requirements of NPDES WW Permit No. NC0028606 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, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against NC DOT
Division 11:
State of North Carolina. Environmental Quality 1 Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$150.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0028606, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for NH3-N - Conc.
$150.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0028606, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for TSS - Conc.
$300.00 TOTAL CIVIL PENALTY
$103.29 Enforcement Costs
$403.29 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 one 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 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
,fortn) 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 27699-16 7

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 all 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:
(I) whether one or more of the civil penalty assessment factors in NCGS 1.43B-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 nate 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.
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 thi
notice. The Division of Water Resources also re uests that you complete and submit the enclosed "Justifieation 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

0 File a petition for an administrative of Administrative Hearin
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 §150B-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 Hearin s with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and t.elephone and fax numbers for the Office of Administrative Hearings are as follows:
671.4 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. William F. Lane, 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), wi.11 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 Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at wes.bell4ncdenr.gov,
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

T,USTIFICATION FOR REMISSION REOUEST
Case Number: LV-2017-0264
Assessed Party: NC DOT Division 11
Permit No.: NC0028606
County: lredell
Amount Assessed: $403.29
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 thai you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e, explain why the violation was unavoidable 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 om per )rming the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF s RTH CAROLINA DEPARTMENT F ENVIRONMENTAL QUALITY
COUNTY OF IREDELL
IN HE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
NC DOT Division 11
1277 Rest Area IredeII County
PERMIT NO. NC00
'AI' R OF RIGHT TO AN
AD ISTRAT' E. G A
ST 1L1LATION;O '.A'TS
CASENO. LV-2017-0264
Having been assessed civil penalties totaling $403.29 for violations as set forth in the assessment document of the Division
of Water Resources dated September 01, 2017,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 (30) days of receipt ofthe 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 ' o
ADDRESS
SIGNATURE
TELEPHONE

PERMIT: NC0028 06
FACILITY: 1.77 Rest Area I +pit County
VIOLATIONS)
SAMPLE LOCATION: Putted001 » E uent
Violation. Report
Date MonthlYr Parameter
ATTACHMENT A
NC DOT Division 11
CASE NUMBER: LV-2017-0264
REGION: Moore
COUNTY: !redel
Unit of Calculated 0cur Violation Penalty
quency Measure Val Value Lir ait Type Amount
4120/2017 4-2017 Nitrogen, AmAmmonia
Total (as N)
concentration
ekly mg/1 $ 43,90 25.4 Daily
Maximum
Exceeded
412d2017 4-2017 Solids, Total
Suspended -
Concentration
eekly
45
Rally
Maximum
Exceeded
$100.01

Facil
Parameter
Date
Parameter
Record
Pipe No.:
"value
Month/Year.
Action
Weekly/Daily 1 ielstions
Permit Limit .ir it Tie DMR Value % Over Limit Action
itorinr Frequency Violations
!ge (
Parameter Perm Frequency, Values Reported # of Violattiorts Action
Assistant Regional
Supervisor Sign Off:
Regional Supervisor Sign
iP4,r3x.

ROY
MICHAEL S. REGAN
Secretory
S. JAY ZIMMERMAN
Director
Certified Mail #7015 1520 0002 6880 3020
Return Receipt Requested
August 8, 2017
Jason Joyce
NC DOT — Environmental Operations
PO Box 250
North Wilkesboro, NC 28659-0250
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0534
Permit No. NC0028606
I-77 Rest. Area Iredell County
Iredell County
Dear Mr. Joyce:.
A review of the April 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent Nitrogen, Ammonia Total (as 4/20/2017 35 43.9 Daily Maximum Exceeded
N) - Concentration (C0610)
001 Effluent Solids, Total Suspended - 4/25/2017 45 51 Daily Maximum Exc
Concentration (C0530)
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 WW 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.
State of North Carolina Environmental. Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

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 receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted 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-day period, a civil penalty assessment may be
prepared.
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,
Reminder: 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.
If you have any questions concerning this matter or to apply for an SOC, please contact. Wes Bell of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina f Environmental Quality 1 Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

Case #: LV-2015-0167 — TSS (daily andmonthly) andBOD (daily and monthly) violations (June 2014);
Case #: LV-2015-0170 — TSS (daily), BOD (daily), and pH violations (July 201.4);
Case #: LV-2015-0176 — TSS (daily and monthly) and BOD (daily and monthly) violations (August 2014);
Case #: LV-2015-0178 — TSS (daily and monthly) and BOD (daily and monthly) violations (September 2014);
Case #: LV-2016-0008 — ROD (daily and monthly) violations (August 2015);
NOV-2015-LV-0768 — Fecal. Coliform (daily) violation (September 2015);
Case #: LV-2016-0041— TSS (daily and monthly) violations (December 2015);
NOV-2016-LV-0307 TSS (daily) violation (January 2016);
Case #: LV-2016-0205 - TSS (daily), BOD (daily and monthly), and Fecal Coliform (daily) violations (May 2016);
Case #: LM-2016-0027 BOD (daily) violation and quarterly Total Nitrogen and Total Phosphorus monitoring violations
(June 2016);
Case #: LV-2016-0242 — BOD (daily and monthly) violations (July 2016);
NOV-2016-LV-0650 — Fecal Coliform (daily) violation (August 2016);
Case #: LV-2017-0053 — BOD (daily andmonthly) violations (September 2016);
Case #: LV-2017-0087 — BOD (daily and monthly), TSS (daily and monthly), and Fecal Coliform (daily) violations
(November 2016):
Case #: LV-2017-0154 — TSS (daily and monthly) violations (December 2016);
Case #: LV-2017-0165 — TSS (daily and monthly) and Fecal Coliform (daily) violations (January 2017);
Case #: LV-2017-0242 — BOD (daily) and Fecal Coliform (daily) violations (March 2017).
8) The cost to the State of the enforcement procedures.
Enforcement Cost:
1 hour staff time_ ...$ 34.51
1 hour supervisor time. .$ 53,78
Administrative staff cost_ 15.0C
Total Enforcement Cost $ 1C3.29
W. Corey Basing, Regional Supe
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ

DIVISION OF WATER RESOLTRCES - CIVIL PENALTY ASSESSMENT
Violator: NC DOT Division 11
Facility Name; 1-77 Rest Area traded County
Permit Number: NC0028606
County: !Ceded
Case Number: LV-2017-0264
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of t e 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
Case it: LV-2013-0227 'L.SS (daily and monthly) and BOD (daily and monthly) violations (July 2013);
Case #: LY-2014-0044 — Fecal Coliform (daily) and [SS (daily) violations (November 2013);
NOV-2014-LM- 122 — TSS (daily and monthly) and BOD (daily and monthly) violations, quarterly Total Nitrogen and
Total Phosphorus monitoring violations (March 2014);
NOV-2015-LM-0011 ROD violation (dail)) and OD and temperature monitoring violations (April 2014);
NOV-2015-LM-0010 — Fecal Coliform (daily) violation and Fecal Coliform monitoring violation (November 2014),
NOV-2015-LR-0011 Into DMR Reporting (Noveinber 2014):
Case ft: LV-2015-0160 TSS (daily and monthly) and BOD (daily) violations (May 2014);