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Home My WebLink AboutNC0085952_Regional Office Historical File 2004 to 2012United States Environmental Protection Agency Form Approved. PA/� Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/da Inspection Type Inspector Fac Type 1 U 2 IU 31 NCO085952 111 12 � -Z 49 9 17 18 UI 19 U 20 U Remarks 21IIII IIII IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ----------------------- 67 I 169 70 U 71 U 72 N J 73 U 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Candler Travel Center 0:1./01/01. Exit Time/Date Permit Expiration Date 153 Wj.ggins Rd Candler NC 28715 05/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Kathlee?1 Scneutzow, 24601. Ctr Rdg Rdste Westlake OH Contacted No 441.45i /E;28-rrs-rlsr/ Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Larry Frost "IQ//828-296-4500/828-299-7043 �� Signature of Manage ent Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. S yr/mo/day 11.,I1UUOOt1nz 11 12 Inspection Type 17 18 1C1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) This inspection was made as result of a complaint of a downstream neighbor. The neighbor said the stream smelled very bad over the privious weekend. Nothing was found at the time of the inspection. 1 DIVISION OF WATER QUALITY Asheville Regional Office Lab Report / Water Quality WD SAMPLE TYPE COUNTY Buncombe PRIORITY RIVER BASIN: French Broad AMBIENT QA STREAM X® EFFLUENT REPORT TO ARO X® COMPLIANCE CHAIN OF CUSTODY LAKE El INFLUENT Other : ❑ EMERGENCY ESTUARY COLLECTOR(S) : LY Frost VisitlD:� Lab Number: Avr1 Date Received : ��4- Time Received : 14 Received By : _'/L Data Released: /v& S Date Reported : j,4 . a 1 Estimated BOD Range: unk Station Location: TA Travel Center Seed: Chlorinated: Remarks: Station # Date Begin (yylmmldd) Date End (yy/mm/dd) Time Begin Time End I Depth - DM, DB, DBM Value Type - A, H, L Composite-T, S, B I Sample Type 04/12/09 1 1306 1 1 Grab D 310 mg/L _ JD High 340 mg/L COD Low 335 mg/L XX Coliform: MF Fecal 31616 GRAB 0,�? #/100 ml Coliform: MF Total 31504 #/100 ml Coliform: Tube Fecal 31615 #1100 ml Coliform: Fecal Strep 31673 #1100 ml Residue: Total 500 mg/L Volatile 505 mg/L Fixed 510 mg/L Residue: Suspended 530 mg/L Volatile 535 mg/L Fixed 540 mg/L pH 403 units Acidity to pH 4.5 436 mg/L Acidity to pH 8.3 435 mg/L Alkalinity to pH 8.3 415 mg/L Alkalinity to pH 4.5 410 mg/L TOC 680 mg/L Turhidily 82079 NTU Form Total Tube 31508 #/100 ml CL4TS s Chloride 940 mg/L Chl a: Tri 32217 pg/L Chl a: Corr 32209 pg/L s Pheophytin a 32213 pg/L s Color: True 80 C.U. s Color: (pH ) 83 pH C.U. s Color: pH 7.6 82 C.U. Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness Total900 mg/L Specific Cond. 95 pmhos/cm2 MBAS 38260 mg/L Phenols 32730 pg/L Sulfate 945 mg/L Sulfide 745 mg/L Boron: Total 1022 pg/L Tannin & Lignin 32240 pg/L Hexavalent Chromium 1032 pg/L Sample Point % (2)IConductance (94) IWalerTemp-C (10) ID.O. (300) NH3 as N 610 mg/L TKN an N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 70507 mg/L P: Dissolved as666 mg/L -P K-Potassium mg/L Cd- Cadmium 1027 pg/L Cr-Chromium:Total1034 pg/L Cu- Copper 1042 pg/L Ni-Nickel 1067 pg/L Pb- Lead 1051 pg/L Zn- Zinc 1092 pg/L V-Vanadium pg/L Ag- Silver 1077 pg/L AI -Aluminum 1105 pg/L Be- Beryllium 1012 pg/L Ca- Calcium 916 mg/L Co- Cobalt 1037 pg/L Fe- Iron 1045 pg/L pH (400) 18.3 Alkalinity (8224414.5 Alkalinity (431) Li -Lithium 1132 ug/L Mg- Magnesium 927 mg/L Mn-Manganese 1055 pg/L Na- Sodium 929 mg/L Arsenic:Total1002 pg/L Se- Selenium 1147 pg/L Hg- Mercury 71900 pg/L Ba_Badum pg/L Organochlorine Pesticides Organophosphoms Pesticides Acid Herbicides Base/Neutral&Acid Extractable TPH Diesel Ranae bottle Gasoline Rangi BTEX Gasoline LAB USE ONLY Temperature on arrival (°C): Acidity(82243) 18.3 Acidity (82242) Air Temp-C depth m I Salinity ppt (480) 1 Precipil-In/day (45) 1 Cloud Cover % (32) I Wind Dir-Deg (3 Strm Flow Sev (1351 Turbidity Severity (1350) Wind Velocity -mph (3 Mean Strm Depth-ft (64) Strm Width-ft (4) State of North Carolina Department of Environment and Natural Resources Asheville Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Division of Water Quality NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SURFACE WATER PROTECTION November 19, 2004 MEMORANDUM TO: Sueanna Sumpter THROUGH: Forrest R. Westall FROM: Larry Frost X5;!�� SUBJECT: Candler Travel Center NPDES Permit Number NCO085952 Buncombe County Enclosed please find ALL of the correspondence with the Candler Travel Center NPDES Permit Number NCO085952 for the last 12 months; as you will see they have been in noncompliance for some time. The green cards reveal that they are receiving the violations, however the corporation has yet to respond to any of them. We continue to assess the violations, with no response. I would request that the State move to collect these penalties as soon as possible. If you should any questions please call me at 828.296.4658. cc: Jeff Poupart 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Telephone 828-296-4500 FAX 828-296-7043 An Equal Opportunity Affirmative Action Employer Nne oilhCarolina Adurally DIVISION OF WATER QUALITY Asheville Regional Office Lab Report / Water Quality W❑ SAMPLE TYPE COUNTY Buncombe PRIORITY RIVER BASIN: French Broad AMBIENT QA STREAM X® EFFLUENT REPORT TO ARO X® COMPLIANCE CHAIN OF CUSTODY LAKE INFLUENT Other : EMERGENCY ESTUARY COLLECTOR(S) : LYFrost VisitlD:� ❑ Estimated BOD Range: unk Station Location: TA Travel Center Seed: Chlorinated: Remarks: Station # Date Begin (yy/mm/dd) Date End (yy/mm/dd) Time Begin Time End I Depth - DM, DB, DBM Value Type - A, H, L Composite-T, S, B Sample Type 040722 1 1 1330 XX Grab X ) 310 mg/L ) High 340 mg/L COD Low 335 mg/L XX Coliform: MF Fecal 31616 GRAB #1100 ml! Coliform: MF Total 31504 #1100 ml: Coliform: Tube Fecal 31615 #1100 ml! Coliform: Fecal Strep 31673 #/100 ml! Residue: Total 500 mg/L Volatile 505 mg/L Fixed 510 mg/L XX Residue: Suspended 530 i mg/L Volatile 535 mg/L Fixed 540 mg/L pH 403 units Acidity to pH 4.5 436 mg/L Acidity to pH 8.3 435 mg/L Alkalinity to pH 8.3 415 mg/L Alkalinity to pH 4.5 410 mg/L TOC 680 mg/L Turbidity 82079 NTU lifonn Total Tube 31508 #/100 ml! C.,...... —:NTS Chloride 940 mg/L Chl a: Tri 32217 pg/L Chi a: Corr 32209 pg/L Pheophytin a 32213 pg/L Color: True 80 C.U. Color: (pH ) 83 pH C.U. Color: pH 7.6 82 C.U. Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness Total900 mg/L Specific Cond: 95 pmhos/cm2 MBAS 38260 mg/L Phenols 32730 Pg/L Sulfate 945 mg/L Sulfide 745 mg/L Boron: Total 1022 Pg/L Tannin & Lignin 32240 pg/L Hexavalent Chromium 1032 pg/L XX NH3 as N 610 9 mg/L TKN an N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 70507 mg/L P: Dissolved as P 666 mg/L K-Potassium mg/L Cd- Cadmium 1027 pg/L Cr-Chromium:Total1034 pg/L Cu- Copper 1042 Pg/L Ni-Nickel 1067 Pg/L Pb- Lead 1051 pg/L Zn- Zinc 1092 Pg/L V-Vanadium pg/L Ag- Silver 1077 pg/L AI -Aluminum 1105 Pg/L Be- Beryllium 1012 pg/L Ca- Calcium 916 mg/L Co- Cobalt 1037 Pg/L Fe- Iron 1045 pg/L Li -Lithium 1132 ug/L Mg- Magnesium 927 mg/L Mn-Manganese 1055 pg/L Na- Sodium 929 mg/L Arsenic:Total1002 pg/L Se- Selenium 1147 pg/L Hg- Mercury 71900 pg/L Ba_Barium Pg/L Organochlorine Pesticides Orpanoph"" rus Pesticides Acid Herbicides Base/NeulralBAcid Extractable TPH Diesel Range Purgeable Organics (VOA bottle TPH Gasoline Range TPH/BTEX Gasoline Range Phytoplankton LAB USE ONLY Tiperature arrival (°C): S' Sample Point % (2) Conductance (94) Water Temp-C (10) D.O. (300) pH (400) 8.3 Alkalinity (82244 4.5 Alkalinity (431) 1 4.5 Acidity (82243) 8.3 Acidity (82242) Air Temp-C (20) Secchi depth m Salinity ppt (480) Precipit-In/day (45) Cloud Cover % (32) Wind Dir-Deg (3 Slrm Flow Sev (1351 Turbidity Severity (1350) Wind Velocity -mph (3 Mean Strm Depth-ft (64) Stnn Width-ft (4) Environmental, Inc. P.O. Box 954 Cullowhee, NC 28723 Phone: (828) 293-9396 Fax: (828) 293-1206 Toll Free: 1-800-213-4035 Central Files Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 October 26, 2004 Facility: Candler Travel Center County: Buncombe NCDES Permit No: NCO085952 Month: May 2004 Candler Travel Center of Buncombe County, North Carolina contracts the operation of their wastewater plant through my company, Environmental, Inc. It was recently brought to my attention by Larry Frost of the Asheville Regional DENR that the Daily Monitoring Report for the month of May 2004 had not been submitted. May 2004 is included in a time period in which we subcontracted the wastewater operations for this facility to an independent operator, Harold McCarson. This arrangement was approved by the Travel Center manager, Buddy Davis. I immediately contacted Mr. McCarson and have since received the enclosed DMR from him. His home and office received extensive damage from flooding, and his field data records were destroyed as indicated on the DMR. Mr. McCarson did not sign the DMR, and indicated by phone that all his operational and field testing data was lost due to the flooding from Hurricane Ivan. Mr. McCarson is no longer operating for nor has any association with Environmental, Inc. Please see enclosed the DMR and laboratory analyses results for the month of May 2004. Due to emergency circumstances, I have asked the back-up operator, Gray Wike, to sign the document. If you have any questions or concerns, please feel free to call me. Thank you, Mark Teague President, Environmental, Inc. CC: Larry Frost in OCT 2 8 2004 UD WATER QUALITY SECTION nucvu i F Rr-MONAL OFFIC EFFLUENT NPDES PERMIT NO. FACILITY NAME ' Z DISCHARGE NO. 00 ` MONTH !Q YEAR ZC1C� .2 OPERATOR IN RESPONSIBLE CHARGE C CLASS,R COUNTY (ORC) CERTIFIED LABORATORIES (1) �✓iG GRADE PHONE: CHECK BOX IF ORC HAS C (2) D LLECTING SAMPLES Mail ORIGINAL and ONE ATTN: CENTRAL FILESX DIVISION OF WATER RTO QUALIT+51�IA 1617 MAIL SERVICE CENTERC I 8 gY'PHIS S OPERATOR IN RESPONSIBLE CHARGE)¢� I �"'" RALEIGH, NC 27699-1617 ACCURAT AND , CERTIFY THAT THIS REPORT OMPLETE IS TO THE BEST OF MY KNOWLEDGE. 50050 0010 EM Ql $�Tjl W610 00530 31616 00300 00600 00665 UQ� * FLOW A HEVIL E RE EFF j E~ ra it7 z Z W A a a a A W z q O ENTER PARAMETER CODE ABOVE NAME AND UNITS ° INF ❑ ❑ a p Aa AOU z DO -� �zA .a ,a tza e( <o BELOW ~ � w cn a Mrq oacnw° c� o .�ICW7 0� C) oo F F� o 'I o o C v az �o° o rn H z a HRS HRS ° ❑ MG/L G Y/B/N MGD C UNITS UG/L MG/L MG/L MG/L #/100ML MG/L MG/L MG/L 2 4 6 . S ............... 14 16 18 �'it? a ..... �l .... . D. .0 , 4 3: _4 t .n Y 26 30 ..:.:................. . AVERAGE 4iD , MINIMUhi Monthly Limn DWQ Form MR-1 (0 1 /00) Facility Status: (Please check one of the following) rin data and sampling frequencies meet permit requirements F_v� All monitoring P g Compliant All monitoring data and sampling frequencies do NOT meet permit requirements El Noncompliant If the facility is noncompliant, please comment on corrective a�� bein taken in respect to equipment, operation, maintenance, etc., and a time -table for improvements to be made. "I certify, under penalty- of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry - of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Permittee ()4ease print or type) zL16 GL Cat Pernaittee dres lU e s l��« 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) 00095 Conductivity 00300 Dissolved Oxygen 00310 BODS 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter Signaft' e of Permittee** Date (Required) Number PARAMETER CODES 00556 Oil & Grease 00951 Total Fluoride 00600 Total Nitrogen 01002 Total Arsenic 00610 Ammonia Nitrogen 00625 Total Kjeldhal 01027 Cadmium Nitrogen 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01034 Chromium 00665 Total Phosphorous 00720 Cyanide 01037 Total Cobalt 00745 Total Sulfide 01042 Copper 00927 Total Magnesium 01045 Iron 00929 Total Sodium 01051 Lead 00940 Total Chloride 01062 Molybdenum 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum /o SJ Exp. Date 50060 Total Residual Chlorine 01147 Total Selenium 71880 Formaldehyde 31616 Fecal Coliform 71900 Mercury 32730 Total Phenolics 81551 Xylene 34235 Benzene 34481 Toluene 38260 MBAS . 39516 PCBs 50050 Flow Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quality Section's web site at h2o.enr.state.nc.us/wqs and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. ** If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). NPDES NO, %✓C 00��-rDISCHARGE NO._ aQ / MONTH /I�I y YEAR 2-00L/ FACILITY NAME_ ��v ��,+ COUNTY_ STREAM.. L) -- _ STREAM �rJ �✓f-�� LOCATION_ 5 (� LOCATION__ Upstream Downstream ENVIRONMENTAL, INC. PO Box 954 lCullowhee, NC 28723 Facility: Travel Port Location: Effluent Phone (828) 293-9396 (800)213-4035 FAX (828) 293-1206 E-mail: environment'alinc@aol.com Month: May-04 Operator Harold McCarson Discharge Permit NCO085962 DailyMax Monthly (Apr -Oct. Max Nov - Mar) Fre uenc Sample Type BOD m /L 7.5 5 weekly composite NH3 m /L 15 NA 10 2 weekly —weekly composite 4 composite TSS m /L 45 30 weekly I m oosite Fecal (CFUr100 mL) Oil & Grease m /L 400 60 200 30 weekiv week) rab grab Certificate of anarpoio 0 R D ' ED E c E y E D OCT 2 8 2004 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Date Date Collected Received BOD SM5210 MDL 2.0 m /L Analysis Result Date m /L NH3 SM MDL 0.1 Analysis Date 4500NH3-F m /L Result m /L TSS SM 2540D MDL 2.0m /L Analysis Result Date m /L Fecal SM 9222D MDL 4 CFU/100 mL Analysis Result Date (CFU/100 mL) Oil & Grease MDL 1.0 m /L Analysis Result Date (mg/L) FOOTNOTES 5/6/04 5/13/04 5/27/04 5/6/04 5/13/04 5/27/04 5/7/04 5/14/04 5/21 /04 5/28/04 < 2.0 3.3 6.7 < 2.0 5111/04 5/18/04 5/25/04 6/1 /Q4 < 0.1 0.1 0.1 < 0.1 5/10/04 5/17/04 5/24J04 6/1 /04 < 2.0 < 2.5 < 3.3 < 2.5 5/6/04 < 4 06/03/04 1.0 BOO QC not met. STD a SCF -out of limit. valid. 5/13/04 < 4 06/11/04 < 1.0 . BOO QC not met. SCF out of limit. valid. 5/20/04 5/27/04 < 4 < 4 06/14/04 06/22/04 < 1.0 2.4 BOO QC not met. SCF s STD out of limit. Valid. BOO QC not met. BLK out of limit. Valid. Monthly Average 3.5 n , ., o ueometric Mean 4.0 Report Prepared 6/29/2004 N$f. 1.jb R�._s�ults moved by: Karen Butcher, Laboratory Supervisor *o" of6aftVArewfat d&4" P.O. Box 954 (5690 Old Cullowhee Road) Cullowhee, North Carolina 28723 Phone: (828) 293-9396 (800) 213-4035 FAX: (828) 293-1206 E-mail Environmentalinc@aol.com Client Name: sV_ fy,-c Phone: / /Address: FAX FAX Printed Name of Sampler E-mail Signature of Sampler Date Reli qui ed By:.,. Date Time mro Received By: _ Date Time 7 Relinquished By: Date Time Received By: Date Time COMMENTS E cka& of taWdtorwist d"s" P.O. box 954 (5690 Old Cullowhee Road) Cullowhee, North Carolina 28723 Phone: (828) 293-9396 (800);213-4035 FAX: (828) 293-1206 E-mail Environmentalinc@aol.com Client Name: Phone: Printed Name of Sampler Address: FAX ame E-mail ignature of Sampler Date Field Preservation Requested Analyses onta ecal titer ei ite Collected 5 Reli quished By: Time [Date eceived By: -Date, . Time , ,�" zo �Q�.,vrl.%ol..r6r� T7, TOE67 EMMMA IMF i i Temperature Received Sealed Sample ("C)Ice Cooler tact Y N Y pH < 2 Chlorine < 0.5 COMMENTS w wo 66& Of ejdfWW0%UA?At M d"ib �L P.O. Box 954 (5690 Old Cullowhee Road) Cullowhee, North Carolina 28723 Phone: (828) 293-9396 (800) 213-4035 FAX: (828) 293-1206 E-mail'Environmentalinc@aol.com Client Name: vL Phone: Address: FAX Printed Name of Sampler E-mail Sfinature of Sampler Date ^ OType Sample Field Preservation Requested Analyses onia ecal they o , ci, ( 0 W ° ate Collected w •2 Facility b DrY� a U z Z A H H 101 Name' x o Zd D 705D N N ' N N N N e By:. a ReUiceived �.�_ Date Time By: �ate,� ime Relinquished By: Date Time Received By: Date Time Temperature Received Sealed Sample CQ on Ice Cooler Intact pH < 2 Chlorine < 0.5 /i N IQK COMMENTS CChAz& of emt4l0�uest films o"us ENVIRONMENTAL P•�� Box 954 (5690 Old Cullowhee Road) Cullowhee, North Carolina 287 —Inc. -�•- - _ Phone: (828) 293-9396 (800) 213-4035 23 'rc FAX: (828) 293-1206 E-mail Environmentalinc@aol.com Client Name: phone: (C Address: FAXPrinted Name of Sampler E-mail ��— r �? Signature of Sampler Date 1 o A �e e �QQ 'acility a, w S ate Collected D/YY) U O a Tame uWM N " 1.f) nu,_H A in U N N O °�H 1 IVINJ I I i quished BY: Date Time eive y: Date Time Analyses Tempe�aature Received Seale=Intact ('C) o o Ice CooleN PH < 2 ---------- Y/N Chlorine < 0.5 ammoma ---------------------------- ammonia Y/N Y/N COMMENTS 3�w.. F VA Michael F. Easley, Governor William G. Rossltlr—,, Secreta4.ry �' !, �G North Carolina Department or environment and Natural Resourrtes rAlan W. Klimek, P.E. Director >_ —t Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION October 18, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Edwin P. Kuhn, President TA Operating Corporation 24601 Center Ridge Road, Suite 200 Westlake, Ohio 44145-5634 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 Permit NCO085952 TA Operating Corporation Candler Travel Center Case No. LR-2004-0029 Buncombe County Dear Mr. Kuhn: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $6,240.00 ($6,140.00 civil penalty + $100.00 enforcement costs) against TA Operating Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge momtonng report (DMR) that was not submitted by TA Operating Corporation for the month of ya�,2004: This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0085952. The violations, which occurred in May 2004, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that TA Operating Corporation violated the terms, conditions or requirements of NPDES Permit NCO085952 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.l(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 Environrnent and Natural Resources and the Director of the Division of Water Quality, I, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against TA Operating Corporation: 2ngo t i.5. Hinhwav 70. Swannanoa. NO 28778 Phnne: (828) ?AR-41iffl FAX:299-7043 CustnmPr Service 1- 800 623-7748 ..One, $6,140.00 For 56 of the 57 failures to submit monitoring reports or portions of , monitoring reports in violation of NPDES Permit No. NC0085952. The violations, which occurred in May 2004, are summarized in Attachment A to this letter. $6,140.00 TOTAL CIVIL. PENALTY $100.00 Enforcement Costs 6 240.00 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- 2 82. 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 days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be corisidered: (-1) whether one or more of the civil penalty assessment factors in NCGS 143B-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 the Division of Water Quality 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 thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 e -C 3. ._Fite 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Dan Oakley, General Counsel Department of Environment and Natural Resources 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 Mr. Larry Frost of the Water Quality staff of the Asheville Regional Office at (828) 296-4500. Sincerely, ;West R estall, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Enforcement File w/ attachments Central Files w/ attachments Buddy Davis — Travel Centers of America, 153 Wiggins Road, Candler, NC 28715 Mark Teague — Environmental Inc., 5690 Old Cullowhee Road, Cullowhee, NC 28723 F • JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LR-2004-0029 County: Buncombe Assessed Party: TA Operating Corporation Permit No. (if applicable): NCO085952 Amount Assessed: $6,240.00 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 applies. 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) 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 from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT _. AND NATURAL RESOURCES COUNTY OF Buncombe TA Operating Corporation IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND Candler Travel Center ) STIPULATION OF FACTS PERMIT NO. NCO085952 ) FILE NO. LR-2004-0029 Having been assessed civil penalties totaling $6,240.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 18, 2004, 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 Quality within thirty (30) 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 ADDRESS TELEPHONE 20 ATTACHMENT A TA Operating Corporation CASE NUMBER: LR-2004-0029 PERMIT: NG0085952 FACILITY: Candler Travel Center COUNTY: Buncombe REGION: Asheville Reporting Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $65.00 5-2004 001 Downstream DO 05/02/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Downstream DO 05/09/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Downstream DO 05/16/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Downstream DO 05/23/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Downstream TEMP-C 05/02/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Downstream TEMP-C 05/09/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Downstream TEMP-C 05/16/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Downstream TEMP-C 05/23/04 Weekly deg c Parameter Missing $135.00 5-2004 001 Effluent BOD 05/02/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent BOD 05/09/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent BOD 05/16/04 Weekly mg/I Parameter Missing $135.00 ' 5-2004 001 Effluent BOD 05/23/04 Weekly mg/I Parameter Missing $270.00 5-2004 001 Effluent CHLORINE 05/02/04 2 X week ug/I Parameter Missing $270.00 5-2004 001 Effluent CHLORINE 05/09/04 2 X week ug11 Parameter Missing $270.00 5-2004 001 Effluent CHLORINE 05/16/04 2 X week ug/I Parameter Missing $270.00 5-2004 001 Effluent CHLORINE 05/23/04 2 X week ug/I Parameter Missing $65.00 5-2004 OD1 Effluent DO 05/02/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Effluent DO 05/09/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Effluent DO 05/16/04 Weekly mg/I Parameter Missing $65.00 . 5-2004 001 Effluent DO 05/23/04 Weekly mg/I Parameter Missing ° $135.00 5-2004 001 Effluent FEC COLI 05/02/04 Weekly #/100ml Parameter Missing $135.00 5-2004 001 Effluent FEC COLI 05/09/04 Weekly #/100ml Parameter Missing `$135.00 5-2004 001 Effluent FEC COLT 05/16/04 Weekly #/100ml Parameter Missing m m m m m m m m m m m m m Cl) m m m m m m m m m m m m C_ _G _C C_ C C_ C_ C_ C C_ G C N N N N N N N N N N N N N N to N N N N N N N N NN •N N N_ N L N N N N N N N N N N N_ N N_ N N N N N N N N_ N_ MO M MA MA .0) m m N E N N N N N m U) a) m N a) N N N N N N N N m N N E E E E E E E E E E E E E E E E E E E E E E E E E E > 2 m m m m m 2 m m m m m m m m m m N m m m m m m 2 m d m m m m m m m m m m c`o m m m m m m m m m m m m cc m m L a a a a a a_ LL a a a a a a m a a a a a a a a a a a a 7) Q Z O CD W .a E 0 U C m E 'o '7 - •o — — o m m m m m o m o) m o) m Cl) 7 7 7 m m m m m m m m m Z r E E E E E E E E E E E E N N N N E E E E a E O U Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y m m m m m m m m m m m m m m m m m m m d m m m w v m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 0) tD co N W O (h N m CO C7 N (D co m N W CO M N m co c7 N O In In C3 0 0 0 0 to In 0 0 In 0 a 0 In � C3 0 a 1!) 0 Cq In to O O D O O O O O O O O O O O O O O O O O O O O O O O d w C d U d N t- J w w w w do U)w w w w U U U U U z z z z CD o o 0 t t t t ri d d d c w o o O O = __= J J J w w w w W W W W O M LLLLLLLLLLz z z z O O O o m a a. a W W W = H F- f-- f- ❑ U C C C C C C C C C C C C C G C C C C C C C C C C C N a) a) a) ro m a) a) a) a) m a) m m a) a) m v m m m m m a) a) m m J 7 7 7 7 7 7 7 > > 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 U w W W W W W W W w W w W W W W w W w w W W W W W W Q LL CL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N W) C1 1 V a V V V' t V t V t <t V T <f V' V V V V tY V' V• `7 V tY O O o o O O o o O o 0 o O o 0 0 0 o O O O O O o 0 0 0 O O O O O O O o o O o O o O O O O O O O O O O O O O C N N N N N N N N N N N N N N N N N N CV N N N CV N N CV U O O O to O O O O O O O O O O CN O L i O O CO z O O O O O O 0 O O O O O O O O O O _ O O O O O O O O O' O O O O O O O O O O C O O O O o O O O O O O O O O O O O O O W M M co c7 cM M M 2 2 C2 Ch 2 _M Cp O CD U7 M 2 M V o O o o O d (9 li L; CA to CA w 64 Ui FS CA d3 cA CA 69 iA CPr cA ca cA ca CA 69 CA C9 CH i ATTACHMENT A TA Operating Corporation CASE NUMBER: LR-2004-0029 PERMIT: NCO085952 FACILITY: Candler Travel Center COUNTY: Buncombe REGION: Asheville $65.00 5-2004 001 Upstream DO 05/09/04 Weekly mgA Parameter Missing $65.00 5-2004 001 Upstream DO 05/16/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Upstream DO 05/23/04 Weekly mg/1 Parameter Missing $65.00 5-2004 001 Upstream TEMP-C 05/02/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Upstream TEMP-C 05/09/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Upstream TEMP-C 06/16/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Upstream TEMP-C 05/23/04 Weekly deg c Parameter Missing $.00 5-2004 07/01/04 Late/Missing DMR g e VA7 'P . CO r 'll a Er l=F=Easl y, Go`' emo'r William�CrRoss J��; S'c�etary North Carolina Department o, 4onment and Natuma ResgurceS SURFACE WATER PROTECTION SECTION October 18, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Edwin P. Kuhn, President TA Operating Corporation 24601 Center Ridge Road, Suite 200 Westlake, Ohio 44145-5634 Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office 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 Permit NCO085952 TA Operating Corporation Candler Travel Center Case No. LR-2004-0029 Buncombe County Dear Mr. Kuhn: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $6,240.00 ($6,140.00 civil penalty+ $100.00 enforcement costs) against TA Operating Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) that was not submitted by TA Operating Corporation for the month of May 2004. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0085952. The violations, which occurred in May 2004, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that TA Operating Corporation violated the terms, conditions or requirements of NPDES Permit NCO085952 and G.S. 143-215.l (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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against TA Operating Corporation: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:299-7043 Customer Service 1- 800 623-7748 Noore rthCarol;na 1� $6,140.00 For 56 of the 57 failures to submit monitoring reports or portions of monitoring reports in violation of NPDES Permit No. NC0085952. The violations, which occurred in May 2004, are summarized in Attachment A to this letter. $6,140.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $6,240.00 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- 2 82. 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 days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: G) whether one or more of the civil penalty assessment factors in NCGS 143B-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 the Division of Water Quality 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 thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Dan Oakley, General Counsel Department of Environment and Natural Resources 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 Mr. Larry Frost of the Water Quality staff of the Asheville Regional Office at (828) 296-4500. Sincerely, West R estall, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Enforcement File w/ attachments Central Files w/ attachments Buddy Davis — Travel Centers of America, 153 Wiggins Road, Candler, NC 28715 Mark Teague — Environmental Inc., 5690 Old Cullowhee Road, Cullowhee, NC 28723 JUSTIFICATION FOR REMM[ISSION REQUEST DWQ Case Number: LR-2004-0029 County: Buncombe Assessed Party: TA Operating Corporation Permit No. (if applicable): NCO085952 Amount Assessed: $6,240.00 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 applies. 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) 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 from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF Buncombe TA Operating Corporation IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Candler Travel Center PERMIT NO. NCO085952 r DEPARTMENT OF ENVIRONMENT . __ AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LR-2004-0029 Having been assessed civil penalties totaling $6,240.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 18, 2004, 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 Quality within thirty (30) 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 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A TA Operating Corporation CASE NUMBER: LR-2004-0029 PERMIT: NCO085952 FACILITY: Candler Travel Center COUNTY: Buncombe REGION: Asheville Reporting Violations MONITORING OUTFALL/ VIOLATION UNIT OF . CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $65.00 5-2004 001 Downstream DO 05/02/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Downstream DO 05/09/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Downstream DO 05/16/04 Weekly mg/[ Parameter Missing $65.00 5-2004 001 Downstream DO 05/23/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Downstream TEMP-C 05/02/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Downstream TEMP-C 05/09/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Downstream TEMP-C 05/16/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Downstream TEMP-C 05/23/04 Weekly deg Parameter Missing $135.00 5-2004 001 Effluent BOD 05/02/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent BOD 05/09/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent BOD 05/16/04 Weekly mg/I Parameter Missing $135.00 ' 5-2004 001 Effluent BOD 05/23/04 Weekly mg/I Parameter Missing $270.00 5-2004 001 Effluent CHLORINE 05/02/04 2 X week ug/I Parameter Missing $270.00 5-2004 001 Effluent CHLORINE 05/09/04 2 X week ug/I Parameter Missing $270.00 5-2004 001 Effluent CHLORINE 05/16/04 2 X week ug/I Parameter Missing $270.00 5-2004 001 Effluent CHLORINE 05/23/04 2 X week ug/I Parameter Missing $65.00 5-2004 001 Effluent DO 05/02/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Effluent DO 05/09/04 Weekly mg/I Parameter Missing r $65.00 5-2004 001 Effluent DO 05/16/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Effluent DO 05/23/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent FEC COLI 05/02/04 Weekly #/loom[ Parameter Missing • $135.00 5-2004 001 Effluent FEC COLI 05/09/04 Weekly #/loom[ Parameter Missing $185.00 5-2004 001 Effluent FEC COLI 05/16/04 Weekly #/loom[ Parameter Missing ATTACHMENT A TA Operating Corporation CASE NUMBER: LR-2004-0029 PERMIT: NCO085952 FACILITY: Candler Travel Center . COUNTY: Buncombe REGION: Asheville $135.00 5-2004 001 Effluent FEC COLI 05/23/04 Weekly #/100ml Parameter Missing $135.00 5-2004 001 Effluent FLOW 05/02/04 Weekly mgd Parameter Missing $135.00 5-2004 001 Effluent FLOW 05/09/04 Weekly mgd Parameter Missing $135.00 5-2004 001 Effluent FLOW 05/16/04 Weekly mgd Parameter Missing $135.00 5-2004 001 Effluent FLOW 05/23/04 Weekly mgd Parameter Missing $135.00 5-2004 001 Effluent NH3-N 05/02/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent NH3-N 05/09/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent NH3-N 05/16/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent NH3-N 05/23/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent OIL-GRSE 05/02/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent OIL-GRSE 05/09/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent OIL-GRSE 05/16/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent OIL=GRSE 05/23/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Effluent PH 05/02/04 Weekly su Parameter Missing $65.00 5-2004 001 Effluent PH 05/09/04 Weekly su Parameter Missing $65.00 5-2004 001 Effluent PH 05/16/04 Weekly su Parameter Missing $65.00 5-2004 001 Effluent PH 05/23/04 Weekly su Parameter Missing $135.00 5-2004 001 Effluent RES/TSS 05/02/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent RES/TSS 05/09/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent RESrrSS 05/16/04 Weekly mg/I Parameter Missing $135.00 5-2004 001 Effluent RES/TSS 05/23/04 Weekly mgll Parameter Missing $65.00 5-2004 001 Effluent TEMP-C 05/02/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Effluent TEMP-C 05/09/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Effluent TEMP-C 05/16/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Effluent TEMP-C 05/23/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Upstream DO 05/02/04 Weekly mg/l Parameter Missing ATTACHMENT A TA Operating Corporation CASE NUMBER: LR-2004-0029 PERMIT: NCO085952 FACILITY: Candler Travel Center COUNTY: Buncombe REGION: Asheville $65.00 5-2004 001 Upstream DO 05/09/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Upstream DO 05/16/04 Weekly mg/I Parameter Missing $65.00 5-2004 001 Upstream DO 05/23/04 Weekly mgll Parameter Missing $65.00 5-2004 001 Upstream TEMP-C 05/02/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Upstream TEMP-C 05/09/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Upstream TEMP-C 05/16/04 Weekly deg c Parameter Missing $65.00 5-2004 001 Upstream TEMP-C 05/23/04 Weekly deg c Parameter Missing $.00 5-2004 07/01/04 Late/Missing DMR } DIVISION OF WATL__ 2UALITY - CIVIL PENALTY ASSES ---ENT (FILE) Violator: TA Operating Corporation County: Buncombe Case Number: LR-2004-0029 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the 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 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. orrest R Westall, Regional Supervisor Surface Water Protection Asheville Regional Office Michael sley Go F W A ] k ernor:. �0y William C. oss Jr,)Sec etary Q� North Carolina Department or =nvironment and Natura f esources �d L EI r!J Alan W. Klimek, P.E. Director > t Division of Water Quality y Asheville Regional Office 4Zt�z SURFACE WATER PROTECTION SECTION October 18, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Edwin P. Kuhn, President TA Operating Corporation 24601 Center Ridge Road, Suite 200 Westlake, Ohio 44145-5634 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 Permit NCO085952 TA Operating Corporation Candler Travel Center Case No. LM-2004-0041 Buncombe County Dear Mr. Kuhn: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,515.00 ($3,415.00 civil penalty + $100.00 enforcement costs) against TA Operating Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by TA Operating Corporation for the month o '° Ju�1�yaU► 4:';i _ This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0085952. The violations which occurred in July 2004 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that TA Operating Corporation violated the terms, conditions or requirements of NPDES Permit NCO085952 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 Environment and Natural Resources and -the Director of the Division of Water Quality, I, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against TA Operating Corporation: Noe �Carolina 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:299-7043 Customer Service 1- 800 623-7748 turalljl 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $145.00 NC0085952, by discharging waste water into the waters of the State in violation -'Of the Permit Daily Maximum limit for SOD. 8 of the 8 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,160.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for CHLORINE. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $360.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD. $350.00 For 5 of the 5 failures to properly monitor DO in violation of NPDES Permit No. NC0085952. $1,400.00 For 20 of the 20 failures to submit monitoring reports or portions of monitoring reports in violation of NPDES Permit No. NC0085952. $3,415.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $3,515.00 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 Quality 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 143B-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 the Division of Water Quality 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 iappeal 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 thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hei rings: 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 Offi ie 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Dan Oakley, General Counsel Department of Environment and Natural Resources 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 Mr. Larry Frost of the Water Quality staff of the Asheville Regional Office at (828) 296-4500. S, rely, orrest Westall, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Enforcement File w/ attachments Central Files w/ attachments Buddy Davis — Travel Centers of America, 153 Wiggins Road, Candler, NC 28715 Mark Teague — Environmental Inc., 5690 Old Cullowhee Road, Cullowhee, NC 28723 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2004-0041 County: Buncombe Assessed Party: TA Operating Corporation Permit No. (if applicable): NCO085952 Amount Assessed: $3,515.00 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 applies. 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). I (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) 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 from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Buncombe TA Operating Corporation IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND Candler Travel Center ) STIPULATION OF FACTS PERMIT NO. NCO085952 ) FILE NO. LM-2004-0041 Having been assessed civil penalties totaling $3,515.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 18, 2004, 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 Quality within thirty (30) 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 G�1 TELEPHONE SIGNATURE 20 ATTACHMENT A TA Operating Corporation CASE NUMBER: LM-2004-0041 PERMIT: NCO085952 FACILITY: Candler Travel Center COUNTY: Buncombe REGION: -Asheville Limit Violations PENALTY MONITORING REPORT OUTFALL/ PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY UNIT OF MEASURE LIMIT CALCULATED % OVER VALUE LIMIT VIOLATION TYPE $145.00 7-2004 001 Effluent BOD 07/31/04 Weekly mg/I 7.5 9.9 32.00 Daily Maximum Exceeded $360.00 7-2004 001 Effluent BOD 07/31/04 Weekly mg/I 5 5.4 8.00 Monthly Average Exceeded $145.00 7-2004 001 Effluent CHLORINE 07/07/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $145.00 7-2004 001 Effluent CHLORINE 07/08/04 2 Xweek ug/I 17 25 47.06 Daily Maximum Exceeded $145.00 7-2004 001 Effluent CHLORINE 07/15/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $145.00 7-2004 001 Effluent CHLORINE 07/16/04 2 Xweek ug/I 17 25 47.06 Daily Maximum Exceeded $145.00 7-2004 001 Effluent CHLORINE 07/19/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $145.00 7-2004 001 Effluent CHLORINE 07/20/04 2 X week ug/l 17 25 47.06 Daily Maximum Exceeded $145.00 7-2004 001 Effluent CHLORINE 07/27/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $145.00 7-2004 001 Effluent CHLORINE 07/28/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded Monitorina Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $70.00 7-2004 001 Effluent DO 07/01/04 Weekly mg/I Frequency Violation $70.00 7-2004 001 Effluent DO 07/08/04 Weekly mg/I Frequency Violation $70.00 7-2004 001 Effluent DO 07/15/04 Weekly mg/I Frequency Violation $70.00 7-2004 001 Effluent DO 07/22/04 Weekly mg/I Frequency Violation $70.00 7-2004 001 Effluent DO 07/29/04 Weekly mgll Frequency Violation Reporting Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $70.00 7-2004 001 Downstream DO 07/01/04 Weekly mg/l Parameter Missing PERMIT: NCO085952 FACILITY: Candler Travel Center ATTACHMENT A TA Operating Corporation CASE NUMBER: LM-2004-0041 COUNTY: Buncombe REGION: Asheville $70.00 7-2004 001 Downstream DO 07/08/04 Weekly mg/I Parameter Missing $70.00 7-2004 001 Downstream DO 07/15/04 Weekly mg/I Parameter Missing $70.00 7-2004 001 Downstream DO 07/22/04 Weekly mg/I Parameter Missing $70.00 7-2004 001 Downstream DO 07/29/04 Weekly mg/I Parameter Missing $70.00 7-2004 001 Downstream TEMP-C 07/01/04 Weekly deg c Parameter Missing $70.00 7-2004 001 Downstream TEMP-C 07/08/04 Weekly deg c Parameter Missing $70.00 7-2004 001 Downstream TEMP-C 07/15/04 Weekly deg c Parameter Missing $70.00 7-2004 001 Downstream TEMP-C 07/22/04 Weekly deg c Parameter Missing $70.00 7-2004 001 Downstream TEMP-C 07/29/04 Weekly deg c Parameter Missing $70.00 7-2004 001 Upstream DO 07/01/04 Weekly mg/I Parameter Missing $70.00 7-2004 001 Upstream DO 07/08/04 Weekly mgfl Parameter Missing $70.00 7-2004 001 Upstream DO 07/15/04 Weekly mg/1 Parameter Missing $70.00 7-2004 001 Upstream DU 07/22/04 Weekly mg/1 Parameter Missing $70.00 7-2004 001 Upstream DO 07/29/04 Weekly mg/1 Parameter Missing $70.00 7-2004 001 Upstream TEMP-C 07/01/04 Weekly deg c Parameter Missing $70.00 7-2004 001 Upstream TEMP-C 07/08/04 Weekly deg c Parameter Missing $70.00 7-2004 001 Upstream TEMP-C 07/15/04 Weekly deg c Parameter Missing $70.00 7-2604 001 Upstream TEMP-C 07/22/04 Weekly deg c Parameter Missing $70.00 7-2004 001 Upstream TEMP-C 07/29/04 Weekly deg c Parameter Missing DIVISION OF WA1 .n QUALITY - CIVIL PENALTY ASSE.. 4ENT (FILE) Violator: TA Operatin$t Corporation County: Buncombe Case Number: LM-2004-0041 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: j 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. F Vest R NVestill, Regional Supervisor Surface Water Protection Asheville Regional Office Michael F. Easley, Governor William'G-Ross Jr., Secretary North Carolina Department _. __ vironmenlaZy� aturM Resources .l Alan W W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION October 18, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Edwin P. Kuhn, President TA Operating Corporation 24601 Center Ridge Road, Suite 200 Westlake, Ohio 44145-5634 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 Permit NCO085952 TA Operating Corporation Candler Travel Center Case No. LM-2004-0040 Buncombe County Dear Mr. Kuhn: This letter transmits a Notice of Violation and assessment of civil penalty in the amount cf $3,310.00 ($3,210.00 civil penalty + $100.00 enforcement costs) against TA Operating Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by TA Operating Corporation for the month ofJute 0®4. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0085952. The violations which occurred in June 2004 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that TA Operating Corporation violated the terms, conditions or requirements of NPDES Permit NCO085952 and G.S. 143-215. l (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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against TA Operating Corporation: Noe Carolina 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:299-7043 Customer Service 1- 800 623I7748 4tumllf 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $145.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD. 9 of the 9 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,305.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for CHLORINE. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $360.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD. $280.00 For 4 of the 4 failures to properly monitor DO in violation of NPDES Permit No. NC0085952. $1,120.00 For 16 of the 16 failures to submit monitoring reports or portions of monitoring reports in violation of NPDES Permit No. NC0085952. $3,210.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $3,310.00 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 11 2. Submit a written request for remission or mitigation including a detailed j for such request: Please be aware that a'request for remission is limited to consideration of the five facto s listed below as they may relate'to the reasonableness of the amount of the civil penalty assessied. 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 by remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall b considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-28.1(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 the Division of Water Quality 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 �ppeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider inform "on 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 6f your request fQr remission. In order to request remission, you must complete and submit the enclosed "Request for Re 'ssic of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts' form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms Should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative If you wish to contest any statement in the attached assessment document you must file a &tition for an administrative hearing. You may obtain the petition form from the Office of Adma"strativ( 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative !Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Dan Oakley, General Counsel Department of Environment and Natural Resources 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 Mr. Larry Frost of the Water Quality staff of the Asheville Regional Office at (828) 296-4500. S' ely, orre t Westall, Regiona Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Enforcement File w/ attachments Central Files w/ attachments Buddy Davis — Travel Centers of America, 153 Wiggins Road, Candler, NC 28715 Mark Teague — Environmental Inc., 5690 Old Cullowhee Road, Cullowhee, NC 28723 JUSTIFICATION FOR REMISSION REQUEST .. i DWQ Case Number: LM-2004-0040 County: Buncombe Assessed Party: TA Operating Corporation i Permit No. (if applicable): NCO085952 Amount Assessed: $3,310.00 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 applies. 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). I (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282A(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed ini the civil penalty assessment document); I f (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); I (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; I _ (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). I EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF Buncombe TA Operating Corporation . IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Candler Travel Center PERMIT NO. NCO085952 ) DEPARTMENT OF ENVIRONMENT .. AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LM-2004-0040 Having been assessed civil penalties totaling $3,310.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 18, 2004, 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 Quality within thirty (30) 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 ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A TA Operating Corporation CASE NUMBER: LM-2004-0040 PERMIT: NCO085952 FACILITY: Candler Travel Center COUNTY: Buncombe REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $145.00 6-2004 001 Effluent BOD 06/30/04 Weekly mg/I 7.5 11.3 50.67 Daily Maximum Exceeded $360.00 6-2004 001 Effluent BOD 06/30/04 Weekly mg/I 5 6.6 32.00 Monthly Average Exceeded $145.00 6-2004 001 Effluent CHLORINE 06/02/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $145.00 6-2004 001 Effluent CHLORINE 06/03/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $145.00 6-2004 001 Effluent CHLORINE 06/08/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $145.00 6-2004 001 Effluent CHLORINE 06/09/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $145.00 6-2004 001 Effluent CHLORINE 06/15/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $145.00 6-2004 001 Effluent CHLORINE 06/16/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $145.00 6-2004 001 Effluent CHLORINE 06/22/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $145.00 6-2004 001 Effluent CHLORINE 06/23/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $145.00 6-2004 001 Effluent CHLORINE 06/29/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded Monitoring Violations PENALTY MONITORING REPORT OUTFALL/ PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY UNIT OF CALCULATED % OVER MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $70.00 6-2004 001 Effluent DO 06/03/04 Weekly mg/I Frequency Violation $70.00 6-2004 001 Effluent DO 06/10/04 Weekly mg/I Frequency Violation $70.00 6-2004 001 Effluent DO 06/17/04 Weekly mg/I Frequency Violation $70.00 6-2004 001 Effluent DO 06/24/04 Weekly - mg/I Frequency Violation Reporting Violations MONITORING OUTFALL/ PENALTY REPORT PPI LOCATION PARAMETER $70A0 6-2004 001 Downstream DO VIOLATION DATE FREQUENCY 06/03/04 Weekly UNIT OF MEASURE LIMIT mg/I CALCULATED % OVER VALUE LIMIT VIOLATION TYPE Parameter Missing ATTACHMENT A TA Operating Corporation CASE NUMBER: LM-2004-0040 PERMIT: NCO085952 FACILITY: Candler Travel Center COUNTY: Buncombe REGION: Asheville $70.00 6-2004 001 Downstream DO 06/10/04 Weekly mg/I Parameter Missing $70.00 6-2004 001 Downstream DO 06/17/04 Weekly mg/I Parameter Missing $70.00 6-2004 001 Downstream DO 06/24/04 Weekly mg/I Parameter Missing $70.00 6-2004 001 Downstream TEMP-C 06/03/04 Weekly deg c Parameter Missing $70.00 6-2004 001 Downstream TEMP-C 06/10/04 Weekly deg c Parameter Missing $70.00 6-2004 001 Downstream TEMP-C 06/17/04 Weekly deg c Parameter Missing $70.00 6-2004 001 Downstream TEMP-C 06/24/04 Weekly deg c Parameter Missing $70.00 6-2004 001 Upstream DO 06/03/04 Weekly mg/I Parameter Missing $70.00 6-2004 001 Upstream DO 06/10/04 Weekly mg/I Parameter Missing $70.00 6-2004 001 Upstream DO 06/17/04 Weekly mg/I Parameter Missing $70.00 6-2004 001 Upstream DO 06/24/04 Weekly mg/I Parameter Missing $70.00 6-2004 001 Upstream TEMP-C 06/03/04 Weekly deg c Parameter Missing $70.00 6-2004 001 Upstream TEMP-C 06/10/04 Weekly deg c Parameter Missing $70.00 6-2004 001 Upstream TEMP-C 06/17/04 Weekly deg c Parameter Missing $70.00 6-2004 001 Upstream TEMP-C 06/24/04 Weekly deg c Parameter Missing . " DIVISION OF WA i rA QUALITY - CIVIL PENALTY ASS—i i:.MENT (FILE) Violator: TA Operating Corporation County: Buncombe Case Number: LM-2004-0040 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the 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 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. qto rrest Westall, Regional Supervisor Surface Water Protection Asheville Regional Office i C - f � _ � � avcs � �� ✓` ice'' �" "� ,- _ �---- 1 F 0 �C,/ v- l�j: w�f TA C -ating Corporation d.b.a. f T WTravellCenters of America Officers & Directors as of November 14, 2000 Term of Office Business Title Name 1 SS# Business Address Residence Expires Phone # President, Edwin P. Kuhn 24601 Center Ridge Road 15750 North Ridge Dr. (440) C.E.0, 456-724616 Suite 200 Novelty, OH 44072 808-9100 8 Director Westlake, OH 44145-5634 (440) 338-6408 Exec. Vice James W. George 24601 Center Ridge Road 32360 Brandon Place (440) Pres. 8 C.F.O. 186-42-3778 Suite 200 Avon Lake, OH 44012 808-9100 Westlake, OH 44145-5634 (440) 933-6311 Sr. Vice Pres. Michael H. Hinderliter 24601 Center Ridge Road 3955 Deepwoods Way (440) 281-06-9236 Suite 200 N. Olmstead, OH 44070 808-9100 Westlake, OH 44145-5634 (440) 734-3835 President 8 Timothy L. Doane 24601 Center Ridge Road 17852 Lake Ave. (440) C.O.O. 275-58-7178 Suite 200 Lakewood, OH 44107 808-9100 Westlake, OH 44145-5634 (216) 227-1445 Vice Pres. 8 Steven C. Lee 24601 Center Ridge Road 30455 Timber Lane (440) Gen. Counsel 302-58-5340 Suite 200 Bay Village, OH 44140 808-9100 Westlake, OH 44145-5634 (440) 835-8357 Director Rowan G.P. Taylor Oak Hill Capital Management, Inc. 49 Gerrish Lane (212) 543-06-3372 Park Avenue Tower, 65 East 55th Street New Canaan, CT 06840 326-1594 New York, NY 10022 (203) 972-8140 Director Steven B. Gruber Oak Hill Capital Management, Inc. 18 Richbell Road (212) 559-68-8735 Park Avenue Tower, 65 East 55th Street Scarsdale, NY 10583 326-1565 New York, NY 10022 (914) 472-8304 Director Michael Greene UBS Capital Americas, LLC 442 Michigan Rd. (212) 151-50-4000 299 Park Avenue, 24th FI _ New Canaan, CT 06840 821-4329 New York, NY 10171 (203) 966-7625 Director Robert J. Branson RMB Realty, Inc. 5013 Scarsdale Rd. (202) 577-66-8764 1133 Connecticut Avenue, NW, Ste 800 Bethesda, MD 20816 452-8404 Washington, D.C. 20036 (301) 229-8146 Director Louis J. Mischianti Olympus Private Placement 22 Pecksland Rd. • .(203) 15948-0250 Fund, Metro Center Greenwich, CT 06831 353-5900 One Station Place (203) 661-0160 Stamford, CT 06902 Perpetual or until removed. P .z « �7 j d NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor August 4, 2004 Ms. Kathleen Scheutzow TA Operating Corporation 24601 Center Ridge Rd., Suite 200 Westlake. OH 44145 William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Subject: DMR Non -Submittal Notification Candler Travel Center NPDES Permit NCO085952 Buncombe County Dear Ms. Scheutzow: According to our records, the subject facility is an active wastewater treatment system. As such. you are required to monitor the treated effluent and to submit the monitoring results to the Division of Water Quality via Discharge Monitoring Reports (DMRs). As of the date of this letter, the Division has not received Candler Travel Center's monthly monitoring reports for May 2004. Failure to submit the reports is in violation of the subject NPDES Permit, as well as 15A NCAC 2B .0506(a). which requires the submittal of DMRs no later than the 30"' day following the reporting period. If there is no discharge to report, a DMR is still required to be submitted. noting that there was no discharge for that month. You may be considered non -compliant with the self -monitoring requirements of your NPDES permit until the reports have been submitted. If our records are correct and if your system was classified as an actively discharging facility anytime during the months indicated above, then to prevent further action, please submit these reports within fifteen (15) days receipt of this notice to my attention at the address below: Maureen Crawford Division of Water Quality NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733-5083 / FAX 919-733-0719 / Internet: h2o.enr.state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper I' - Kafhleen Scheutzow NC0085952 August 4, 2004 Page 2 If our records do not accurately reflect your current permit status. then please notify me in order that we can update our system. We appreciate your assistance in this matter. If you have any questions about this letter, please contact me at 919-733-5083, extension 538. Sincerely, Maureen Crawford A NPDES Unit cc: ishe�iflsleRianaljO.ff"cue WQ Supervisor Maureen Crawford, NPDES Unit Central Files RCDENK North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director SURFACE WATER PROTECTION SECTION July 30, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Kathleen Scheutzow TA Operating Corporation 24601 Center Ridge Road Westlake, Ohio 44145 Subject: NOTICE OF VIOLATION NOV-2004-PC-0100 Compliance Sampling Inspection Candler Travel Center Permit No. NCO085952 Buncombe County Dear Ms. Scheutzow: Enclosed please find a copy of the Inspection Report from the inspection conducted July 22, 2004. Mr. Larry Frost of the Asheville Regional Office conducted the Compliance Sampling Inspection. The treatment facility was found to be in violation of Permit NCO085952 for the following: Inspection of the facility revealed the following permit violations: Inspection Area I Compliance Issue Operation and I The tertiary filter was not operational as required by the permit. Maintenance Operation and The operator listed as ORC does not have a valid operators Maintenance certification. Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500 / FAX: 828-299-7043/ Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Nne orthCarOlina Naturally Page 2 Ms. Scheutzow July 30, 2004 Please refer to the enclosed Inspection Report for any additional observation and comments. To prevent further action, carefully review these violations and deficiencies and b respond in writing to this office within ten (10) working day of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Mr. Larry Frost at (828) 296-4500. Sincerely, Z z/ Forrest R. Westall Water Quality Regional Supervisor Attachment cc: Buddy Davis, 153 Wiggins Road, Candler, North Carolina, 28715 — w/ attachment Harold McCarson, Environmental, Inc. — w/ attachment WQ Central Files w/ attachment NDCEU w/ attachment Nj United States Environmental Protection Agency Form Approved. EPA//�� Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Re ort Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 U 2 u 31 NCO085952 111 121 04/07/22 1 17 18 S 19 U 20 U Remarks 21IIIIIIIIIIIIIIII IIII I I I I I I I I I I I I I I I I I I I I IIIIII166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -------------------Reserved ---------- ---------- 67 I 169 70 LJ 71 N 72 El 73 W 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Candler Travel Center 01:00 PM 04/07/22 01/01/01. Exit Time/Date Permit Expiration Date 153 Wiggins Road Candler NC 28715 02:00 PM 04/0; /22 05/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible OfficialrFitle/Phone and Fax Number Kathleen Scheutzow,24601 Ctr Rdg Rdste Westlake OH Contacted Yes 44145//828-665-1156/ Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance ® Records/Reports Self -Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Larry Frost ARO WQ//828-296-4500/828-299-7043 717 ®� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. NPDES ydmo/day Inspection Type (Cont. ) 1 3I NCO085952 11 12 L 04/07/22 117 18 S Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Tertiary filter is not operational again this year. No bypasses were found. The ORC , Mr. McCarson does not have an active North Carolina :2astewater Operator's Certification. Log book appears to be maintainer properly. Samples were taken at the time of the inspection. The results will be forwarded when available. Operator informs me that the company has proposed the installation of; 2 new grease traps, a new influent lift station, and equalization basin. The investigation of a bar screen to remove inorganics prior to treatment may also be needed. c LO 0) LO 00 Oo O N U Z o a^' ❑ ❑ ❑ O ❑ 2 ❑ ❑ 2 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ DOOOOMM ❑ ❑ ❑ ❑ 21 ■ ❑ ❑ ❑ ❑ 24 ❑ O 42 ❑ O ❑ ❑ ❑ ❑ O ■ o ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ■ ■ ZC O ❑ ■ ❑ ❑ C 2 ❑ O 2❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ O ■ ❑ ❑ ❑ ❑ ❑ O ■ ❑ ❑ ❑ ■ ❑ ■ ■ ■ ■ ■ ■ ■ ■ ❑ ■ ■ ❑ O ■ ❑ ■ ❑ ■ ■ ■ ■ ❑ ❑ ❑ ❑ ❑ ❑ cl- c 0 U Q Q m 3 m. c m a) .En m N E N a. L C• r- N U __ C O m O = a) Q Q N c C` Q)a) (D a) N O O O) N m C O w O m — m °" �O O S CO C C , N o N w Q C m wN aa)) U N c) m -o 0 Q rn Q c m ro cn N aCi N .. U m N N C a) a) w U a) Y co .L E v _N Q N N 0 Q E Q c a) a) s c 0 a) 7 `m 0 0 Q m o d .fl m O N CD Q O a) Cl. N wL U O cl' C`• U O — C m r• Q n. N C U Ca 7 O Cl.O N O a C y O m L) y a), Cl.o a N a= 3 ° m L N is m o ? c N r' 42 O Y o r• = a) �' m m N 0 O) O. O c d 'S & X 'E �• o o N o > 5 o 8 a ° ° O Ora) axi N« m c°i . a N U @ N V O O m N -0 m i a) a) mCL 0 II >O wa) —0 —0 o 0 - c y CD () a) > O a) ' L O N mN a) N L N a) O r 0 0 N m a o '6 N o a O = m N C E — O O a) .p = a) w m m w as a) m w o 0 0 0 0 Q m Q N N N N N N N N N U N :E N d Q 0 T m c c m 0 a) U a) Q N C m L O 0 L N 13 N 7 a o Q m C m U am N � N N 0 Cam• m rn c 'rn m cn O c . U 7 - U Cl. m� C C O L O U wpa C Q m N U O a p O 0 v c o o a) a; w a a) m E o � , i 7- m y E m Q y a) O — N (1) N 0) Permit: NC0085952 Owner -Facility: TA Operating Corporation - Candler Travel Center . Inspection Date: 07/22/04 Inspection Type: Compliance Sampling Filtration (High Rate Tertiarv) Yes No NA N Is the scouring acceptable? ❑ ❑ ❑ Is the clear well free of excessive solids and filter media? ❑ ❑ N ❑ Does backwashing frequency appear adequate? ❑ ❑ M ❑ Comment: Filter is not operational - media is not installed. Some valves anf float switches have been replaced in the last year. Disinfection Yes No NA N - Type of system ? Are cylinders secured adequately? ❑ ❑ M ❑ Are cylinders protected from direct sunlight? ❑ ❑ 0 ❑ Is there adequate reserve supply of disinfectant? M ❑ ❑ ❑ Is ventilation equipment operational? ❑ ❑ 0 ❑ ` Is ventilation equipment properly located? ❑ ❑ 0 ❑ Is SCBA equipment available on site? ❑ ❑ E ❑ Is SCBA equipment operational? ❑ ❑ ❑ Is staff trained is operating SCBA equipment? ❑ ❑ ❑ Is staff trained in emergency procedures? ❑ ❑ ❑ Is an evacuation plan in place? ❑ ❑ ❑ Are tablet chlorinators operational? ❑ ❑ ❑ Are the tablets the proper size and type? ❑ ❑ ❑ Number of tubes in use? 2 (Sodium Hypochlorite) Is pump feed system operational? ❑ ❑ 0 ❑ Is bulk storage tank containment area adequate? (free of leaks/open drains) ❑ ❑ ❑ Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is'there adequate detention time 0 ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? M ❑ ❑ ❑ Comment: De Yes No NA NF -chlorination Type of system ? Duplex Is the feed ratio proportional to chlorine amount (1 to 1)? ■ ❑ ❑ ❑ Is storage appropriate for cylinders? Cl ❑ 0 ❑ Is de -chlorination substance stored away from chlorine containers? ❑ ❑ M ❑ Is ventilation operational? ❑ ❑ ❑ Comment: Are the tablets the proper size and type? E ❑ ❑ ❑ Are tablet'de-chlorinators operational? 0 ❑ ❑ ❑ Number of tubes in use? 2 Comment: c North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary : Arthur Mouberry, P. E., Chairman Harold F. McCarson Certificate #8103 45 Sams Branch Road Candler, NC 28715 NCDENR August 19, 2004 Subject: Invalidation of certification held with the North Carolina Water Pollution Control System Operators Certification Commission Dear Mr. McCarson: This letter is in regards to your North Carolina Water Pollution Control System Operator certification(s). As of calendar year 2000 and hence forth, the requirement for renewal of any certification held with the Water Pollution Control System Operator Certification Commission became a 2 part process: a) the payment of a $35 annual renewal fee; and b) the completion of a minimum of 6 contact hours of Commission -approved training, with part a and b to be completed by midnight December 315t of each year. Failure to complete either part of the process constitutes failure to complete the renewal process and will result in the invalidation of all certifications you hold with the Commission. Upon review of our records, it has been determined that you have not completed the renewal requirements since calendar year 1999 for continued certification by the Commission. As per the Commission's regulations, all certifications) you presently hold with the Commission have been invalidated. In order to renew a certificate that has been invalid for more than 2 consecutive years the operator shall be required to take and make a passing score on an examination of the same. grade as the former certificate, in this case, Biological Water Pollution Control System Operator Grade 2. All requirements to be eligible for the exam, including satisfactory completion of a Commission approved training school and completion of all outstanding continuing education hours, must be met as well. PLEASE NOTE. 9 you are the Operator In Responsible Charge (ORC) or Backup ORC for a facility, the invalidation of your certification(s) means you are no longer qualified to act as the ORC or Backup ORC of a facility. The owner of the facility for which you are ORC/Backup ORC must immediately designate a certified replacement for you or the facility will be in violation of its permit. If you have questions or need additional information in regards to this matter, please feel free to contact Steve Reid at 919-733-0026 extension 314. Sincerely, 1:�/ 640� Ted Cashion, Supervisor Technical Assistance & Certification Unit �E�d AUG 2 3 2004 cc: TACU files 1lyAT _Fi UALITY SECTIODI Environmental Maintenance Systems Inc. L4SHEVILL'S REGIONAL OF Asheville Reg Office -Roger Edwards lcto'ih}caro Water Pollution Control System Operators Certification CommissionQi111'ill 1618 Mail Service Center, Raleigh, North Carolina 27699-1618 Phone: (919)733-0026 \ Fax: (919)733-1338 \ Internet: http://h2o.enr.state.nc.us/tacu/ AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER — 50% RECYCLED / 10% POST CONSUMER PAPER O� W ATF9 ey;' Governor Michael F. Ea7—rJ William G. RosSecretary L North Carolina Department . _„vironment and Natural Resources `O Alan W. Klimek, P.E. Director Coleen Sullins, Deputy Director O 'C Division of Water Quality Asheville Regional Office June 15, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Kathleen Scheutzow TA Operating Corporation 24601 Center Ridge Road Westlake, Ohio 44145 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 Permit NCO085952 TA Operating Corporation Candler Travel Center Case No. LM-2004-0017 Buncombe County Dear Ms.Scheutzow: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,900.00 ($2,800.00 civil penalty + $100.00 enforcement costs) against TA Operating Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by TA Operating Corporation for the month of�Ax�i1.2004. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0085952. The violations which occurred in April 2004 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that TA Operating Corporation violated the terms, conditions or requirements of NPDES Permit NCO085952 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against TA Operating Corporation: 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $150.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD. 8 of the 8 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,200.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for CHLORINE. 1 of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No. $525.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $525.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for N113-N. $.00 For 0 of the 4 failures to properly monitor DO in violation of NPDES Permit No. NC0085952. $400.00 For 2 of the 2 failures to submit monitoring reports or portions of monitoring reports in violation of NPDES Permit No. NC0085952. $2,800.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $2,900.00 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 Quality 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 143B-282.I(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing enviromnental 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 the Division of Water Quality 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 thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 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 Mr. larry Frost of the Water Quality staff of the Asheville Regional Office at (828) 296-4500. Sincerely, orrest . Westall Water Quality Regional Supervisor Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2004-0017 County: Buncombe Assessed Party: TA Operating Corporation Permit No. (if applicable): NC0085952 Amount Assessed: $2,900.00 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 applies. 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) 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 from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST TA OPERATING CORPORATION PERMIT NO. NCO085952 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LM-2004-0017 Having been assessed civil penalties totaling $2,900.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 15, 2004, 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 Quality within thirty (30) 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 , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A TA Operating Corporation CASE NUMBER: LM-2004-0017 PERMIT: NCO085952 FACILITY: Candler Travel Center COUNTY: Buncombe REGION: Asheville Limit Violations MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE .-$150.00 4-2004 001 Effluent BOD 04/30/04 Weekly mg1l 7.5 11.1 48.00 Daily Maximum Exceeded $525.00 4-2004 001 Effluent BOD 04/30/04 Weekly mg/I 5 6.9 38.00 Monthly Average Exceeded $150.00 4-2004 001 Effluent CHLORINE 04/06/04 2 X week ug/l 17 25 47.06 Daily Maximum Exceeded $150.00 4-2004 001 Effluent CHLORINE 04/07/04 2 X week ugA 17 25 47.06 Daily Maximum Exceeded $150.00 4-2004 001 Effluent CHLORINE 04/13/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $150.00 4-2004 001 Effluent CHLORINE 04/14/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $150.00 4-2004 001 Effluent CHLORINE 04/21/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $150.00 4-2004 001 Effluent CHLORINE 04/22/04 2 X week ugA 17 25 47.06 Daily Maximum Exceeded .$150.00 4-2004 001 Effluent CHLORINE 04/28/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded .$150.00 4-2004 001 Effluent CHLORINE 04/30/04 2 X week ugA 17 25 47.06 Daily Maximum Exceeded $525.00 4-2004 001 Effluent NH3-N 04/30/04 Weekly mgA 2 12.5 525.00 Monthly Average Exceeded Monitoring Violations MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 4-2004 001 Effluent DO 04/30/04 Weekly mg/I Frequency Violation ReDOrtina Violations MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $200.00 4-2004 001 Downstream 04/30/04 Sampling Location Missing $200.00 4-2004 001 Upstream 04/30/04 Sampling Location Missing a DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: TA'Operatin2 Corporation County: Buncombe Case Number: LM-2004-0017 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the 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 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. !�116-10 Dati orrest R Westall Water Quality Regional Supervisor Asheville Regional Office TF Michael rVasley++, b overhor' William Goss Jr., Secretary-z3t'�'� Q�. North Carolina Department of �,,vuonment and Natural Resources 7 r Alan W. Klimek, P.E. Director —I Coleen Sullins, Deputy Director O 'C Division of Water Quality Asheville Regional Office June 15, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Kathleen Scheutzow TA Operating Corporation 24601 Center Ridge Road Westlake, Ohio 44145 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 Permit NCO085952 TA Operating Corporation Candler Travel Center Case No. LM-2004-0016 Buncombe County Dear Ms.Scheutzow: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,150.00 ($2,050.00 civil penalty + $100.00 enforcement costs) against TA Operating Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (I)MR) submitted by TA Operating Corporation for the month oLO Iare1M2:004. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0085952. The violations, which occurred in March 2004, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that TA Operating Corporation violated the terms, conditions or requirements of NPDES Permit NCO085952 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against TA Operating Corporation: 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 7 of the 7 violations of G.S. 143 -215. 1 (a)(6) and NPDES Permit No. $1,050.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for CHLORINE. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $525.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N. $75.00 For 1 of the 1 failures to properly monitor CHLORINE in violation of NPDES Permit No. NC0085952. $400.00 For 2 of the 2 failures to Submit Sampling Data in violation of NPDES Permit No. NC0085952. $2050.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $2150.00 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. 14313- 2 82. 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 Quality 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 143B-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 (S). 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 the Division of Water Quality 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 thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 N. 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 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 yoti;.have any questions, please contact Mr. Larry Frost of the Water Quality staff of the FAsheville Regional Office at (828) 296-4500. Sincerely, �1 orrest R. Westall Water Quality Regional Supervisor Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2004-0016 County: ]Buncombe Assessed Party: TA Operating Corporation Permit No. (if applicable): NCO085952 Amount Assessed: $2,150 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 applies. 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) 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 from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND TA OPERATING CORPORATION ) STIPULATION OF FACTS PERMIT NO. NCO085952 ) FILE NO. LM-2004-0016 Having been assessed civil penalties totaling $2,150.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 15, 2004, 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 Quality within thirty (30) 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 SIGNATURE ADDRESS TELEPHONE 20 ATTACHMENT A TA Operating Corporation CASE NUMBER: LM-2004-0016 PERMIT: NCO085952 FACILITY: Candler Travel Center COUNTY: Buncombe REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $150.00 3-2004 001 Effluent CHLORINE 03/02/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $150.00 3-2004 001 Effluent CHLORINE 03/03/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $150.00 3-2004 001 Effluent CHLORINE 03/07/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $150.00 3-2004 001 Effluent CHLORINE 03/08/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $150.00 3-2004 001 Effluent CHLORINE 03/16/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $150.00 3-2004 001 Effluent CHLORINE 03/17/04 2 X week ug/1 17 25 47.06 Daily Maximum Exceeded $150.00 3-2004 001 Effluent CHLORINE 03/31/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $525.00 3-2004 001 Effluent NH3-N 03/31/04 Weekly mg/I 4 16 300.00 Monthly Average Exceeded Monitorina Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $75.00 3-2004 001 Effluent CHLORINE 03/30/04 2 X week ug/I Frequency Violation ReDortina Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $200.00 3-2004 001 Downstream 03/31/04 Sampling Location Missing $200.00 3-2004 001 Upstream 03/31/04 Sampling Location Missing . i, w DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: TA Operating Corporation County: Case Number: Buncombe LM-2004-0016 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the 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 violation; 2) The duration and gravity of the violation; Z�' XGn=:5i5_® Y� b110 A0 s74 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. 7;;Cp is�� D e rrest R Westall Water Quality Regional Supervisor Asheville Regional Office �r 0Micm &T -Easley, Governor Will G=Ross Jr Secretary (� North Carolina Department of Environment and Natura('Resources r~ Alan W. Klimek, P.E. Director —I Coleen Sullins, Deputy Director '< Division of Water Quality Asheville Regional Office June 15, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Kathleen Scheutzow TA Operating Corporation 24601 Center Ridge Road Westlake, Ohio 44145 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6) and NPDES Permit NCO085952 TA Operating Corporation Candler Travel Center Case No. LM-2004-0015 Buncombe County Dear Ms.Scheutzow: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,222.00 ($2,122.00 civil penalty + $100.00 enforcement costs) against TA Operating Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by TA Operating Corporation for the month o ebruay 2004. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0085952. The violations, which occurred in February 2004, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that TA Operating Corporation violated the terms, conditions or requirements of NPDES PermitNCO085952 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against TA Operating Corporation: 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 I of the 3 violations of G.S. 143 -215. 1 (a)(6) and NPDES Permit No. $125.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $312.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD. 8 of the 8 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,000.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for CHLORINE. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $125.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. 1 of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No. $312.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for FEC COLI. $00.00 For 4 of the 4 failures to properly monitor DO in violation of NPDES Permit No. NC0085952. $248.00 For 4 of the 4 failures to properly monitor OIL-GRSE in violation of NPDES Permit No. NC0085952. $2,122.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $2,222.00 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. P'pp 8 Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 Quality 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 143B-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 the Division of Water Quality 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 thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Dan Oakley, General Counsel Department of Environment and Natural Resources 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. riyou have ar.y questions, please contact Mr. Larry Frost of the Water Quality staff of the Asheville Regional Office at 828-296-4500. ShIcewly, orrest estall Water Quality Regional Supervisor Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments a JUUSTIIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2004-0015 County: Buncombe Assessed Party: TA Operating Corporation Permit No. (if applicable): NC0085952 Amount Assessed: $2,222.00 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 applies. 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) 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 from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ' AND NATURAL RESOURCES COUNTY OF BUNCOMBE TA Operating Corporation IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE NEARING AND TA OPERATING CORPORATION ) STIPULATION OF FACTS PERMIT NO. NCO085952 ) FILE NO. LM-2004-0015 Having been assessed civil penalties totaling $2,222.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 15, 2004, 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 Quality within thirty (30) 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 ADDRESS TELEPHONE SIGNATURE ►A1 ATTACHMENT A TA Operating Corporation CASE NUMBER: LM-2004-0015 PERMIT: NCO085952 FACILITY: Candler Travel Center COUNTY: Buncombe REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 2-2004 001 Effluent BOO 02/13/04 Weekly mg/I 15 15.1 .67 Daily Maximum Exceeded $.00 2-2004 001 Effluent BOD 02/19/04 Weekly mg/I 15 18.8 25.33 Daily Maximum Exceeded l,A125.00 2-2004 001 Effluent BOD 02/29/04 Weekly mg/I 15 22.8 52.00 Daily Maximum Exceeded $312.00 2-2004 001 Effluent BOD 02/29/04 Weekly mg/I 10 15.1 51.00 Monthly Average Exceeded $125.00 2-2004 001 Effluent CHLORINE 02/03/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $125.00 2-2004 001 Effluent CHLORINE 02/04/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded 1 $125.00 2-2004 001 Effluent CHLORINE 02/10/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $125.00 2-2004 001 Effluent CHLORINE 02/11/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded ,_$125.00 2-2004 001 Effluent CHLORINE 02/17/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $125.00 2-2004 001 Effluent CHLORINE 02/18/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded 1.$125.00 2-2004 001 Effluent CHLORINE 02/24/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded ,,-$125.00 2-2004 001 Effluent CHLORINE 02/29/04 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded ,,—$125.00 2-2004 001 Effluent FEC COLI 02/29/04 Weekly #/100ml 400 1,200 200.00 Daily Maximum Exceeded $312.00 2-2004 001 Effluent NH3-N 02/29/04 Weekly mg/I 4 13 225.00 Monthly Average Exceeded Monitorina Violations MONITORING PENALTY REPORT OUTFALL/ PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY UNIT OF CALCULATED % OVER MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 2-2004 001 Effluent DO 02/28/04 Weekly mg/I Frequency Violation $248.00 2-2004 001 Effluent OIL-GRSE 02/28/04 Weekly mg/I Frequency Violation • DIVISION OF WAT QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: TA Operating Corporation County: Buncombe Case Number: LM-2004-0015 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the 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 violation; 2) The duration and gravity of the violation; v 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. fP 1e- D D e orrest R Westa11 Water Quality Regional Supervisor Asheville Regional Office WA1' �� F,QQ - Michael FtEas ey, Gover�or William G Jr., Secretary (� Ross North Carolina Department \Q c --ironment and atural R✓;sourees rAlan W. Klimek, P.E. Director - i Coleen Sullins, Deputy Director '< Division of Water Quality Asheville Regional Office June 15, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Kathleen Scheutzow TA Operating Corporation 24601 Center Ridge Road Westlake, Ohio 44145 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 Permit NCO085952 TA Operating Corporation Candler Travel Center Case No. LM-2004-0014 Buncombe County Dear Ms.Scheutzow: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,662.00 ($1,562.00 civil penalty + $100.00 enforcement costs) against TA Operating Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by TA Operating Corporation for the month ofFJan"ar2004. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0085952. The violations which occurred in January 2004 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that TA Operating Corporation violated the terms, conditions or requirements of NPDES Permit NCO085952 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against TA Operating Corporation: 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 • gV� I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $125.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD. 9 of the 9 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No. $1,125.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for CHLORINE. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $312.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for N113-N. $00.00 For 12 of the 12 failures to properly monitor DO in violation of NPDES Permit No. NC0085952. $00.00 For 4 of the 4 failures to properly monitor OIL-GRSE in violation of NPDES Permit No. NC0085952. $1,562.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $1,662.00 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- 2 8 2. 1 (b), which are: (1) The degree arid'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 days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 Quality 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 the Division of Water Quality 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 thirty (30) days of receipt of this notice. The Division'of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 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 Mr. Larry Frost of the Water Quality staff of the Asheville Regional Office at (828) 296-4500. Sincerely, �\r rWorreAIstestall Water Quality Regional Supervisor Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2004-0014 County: Buncombe Assessed Party: TA Operating Corporation Permit No. (if applicable): NC0085952 Amount Assessed: $1,662.00 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 applies. 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) 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 from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND TA OPERATING CORPORATION ) STIPULATION OF FACTS PERMIT NO. NCO085952 ) FILE NO. LM-2004-0014 Having been assessed civil penalties totaling $1,662.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 15, 2004, 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 Quality within thirty (30) 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 ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A TA Operating Corporation CASE NUMBER: LM-2004-0014 PERMIT: NCO085952 FACILITY: Candler Travel Center COUNTY: Buncombe REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $125.00 1-2004 001 Effluent BOD 01/31/04 Weekly mg/I 15 18 20.00 Daily Maximum Exceeded $1,125.00 1-2004 001 Effluent CHLORINE 01/31/04 2 X week ugA 17 25 47.06 Daily Maximum Exceeded $312.00 1-2004 001 Effluent NH3-N 01/31/04 Weekly mg/I 4 14.8 270.00 Monthly Average Exceeded Monitorina Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 1-2004 001 Downstream DO 01/31/04 Weekly mgA _ Frequency Violation $.00 1-2004 001 Effluent DO 01/31/04 Weekly mg/I Frequency Violation $.00 1-2004 001 Effluent OIL-GRSE 01/31/04 Weekly mg/I Frequency Violation $.00 1-2004 001 Upstream DO 01/31/04 Weekly mg/I Frequency Violation DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: TA Operating Corporation County: Buncombe Case Number: LM-2004-0014 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the 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 violation; 2) The duration and gravity of the violation; logAw� 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. AIM Forrest R Westall Water Quality Regional Supervisor Asheville Regional Office OF W ' Michae►lE _Eas4g, GoVerno i Q Williaml4G ss J . SeLela�North Carolina Department or r,wronment and Natur l Res r Alan W. Klimek, P.E. Director > - ► Coleen Sullins, Deputy Director f' 'C Division of Water Quality R Asheville Regional Office June 15, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms.Kathleen Scheutzow TA Operating Corporation 24601 Center Ridge Road Westlake, Ohio 44145 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 Permit NCO085952 TA Operating Corporation Candler Travel Center Case No. LV-2004-0206 Buncombe County Dear Ms.Scheutzow: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,000.00 ($900.00 civil penalty + $100.00 enforcement costs) against TA Operating Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by TA Operating Corporation for the month of �D- cc j �''2003: This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0085952. The violations which occurred in December 2003 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that TA Operating Corporation violated the terms, conditions or requirements of NPDES Permit NCO085952 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against TA Operating Corporation: 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD. 9 of the 9 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $800.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for CHLORINE. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD. $.00 For 12 of the 12 failures to properly monitor DO in violation of NPDES Permit No. NC0085952. $900.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $1,000.00 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 days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 Quality 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 143 B-2 82. 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 the Division of Water Quality 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 thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 CI] 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 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 Mr. Larry Frost of the Water Quality staff of the Asheville Regional Office at (828) 296-4500. Sincerely, orrest estall Water Quality Regional Supervisor Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2004-0206 County: Buncombe Assessed Party: TA Operating Corporation Permit No. (if applicable): NC0085952 Amount Assessed: $1,000.00 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 applies. 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) 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 from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT COUNTY OF BUNCOMBE AND NATURAL RESOURCES IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND TA OPERATING CORPORATION ) STIPULATION OF FACTS PERMIT NO. NCO085952 ) FILE NO. LV-2004-0206 Having been assessed civil penalties totaling $1,000.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 15, 2004 , 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 Quality within thirty (30) 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 SIGNATURE ADDRESS TELEPHONE 20 ATTACHMENT A TA Operating Corporation CASE NUMBER: LV-2004-0206 PERMIT: NCO085952 FACILITY: Candler Travel Center COUNTY: Buncombe REGION: Asheville Limit Violations MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 12-2003 001 Effluent BOD 12/31/03 Weekly mg/I 15 32.2 114.67 Daily Maximum Exceeded $.00 12-2003 001 Effluent BOD 12/31/03 Weekly mg/I 15 32.2 114.67 Daily Maximum Exceeded $.00 12-2003 001 Effluent BOD 12/31/03 Weekly mg/I 10 10.6 6.00 Monthly Average Exceeded $.00 12-2003 001 Effluent BOD 12/31/03 Weekly mg/1 10 10.6 6.00 Monthly Average Exceeded $100.00 12-2003 001 Effluent CHLORINE 12/03/03 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $100.00 12-2003 001 Effluent CHLORINE 12/04/03 2 X week ugA 17 25 47.06 Daily Maximum Exceeded $100.00 12-2003 001 Effluent CHLORINE 12/09/03 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $100.00 12-2003 001 Effluent CHLORINE 12/10/03 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $100.00 12-2003 001 Effluent CHLORINE 12/16/03 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $100.00 12-2003 001 Effluent CHLORINE 12/17/03 2 X week ugA 17 25 47.06 Daily Maximum Exceeded $.00 12-2003 001 Effluent CHLORINE 12/22/03 2 X week ug/I 17 20 17.65 Daily Maximum Exceeded $100.00 12-2003 001 Effluent CHLORINE 12/29/03 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded $100.00 12-2003 001. Effluent CHLORINE 12/30/03 2 X week ug/I 17 25 47.06 Daily Maximum Exceeded Monitorina Violations MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 12-2003 001 Downstream DO 12/31/03 Weekly mg/I Frequency Violation $.00 12-2003 001 Effluent DO 12/31/03 Weekly mg/I Frequency Violation $.00 12-2003 001 Upstream DO 12/31/03 Weekly mg/I Frequency Violation DIVISION OF WAThx QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: TA Operating Corporation County: Buncombe Case Number: LV-2004-0206 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the 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 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. D e orrest R estall Water Quality Regional Supervisor Asheville Regional Office WATFRQ Michael F Easley,) Governor William G'Ross Jrid Secretary D �R_J `Q G North Carolina Department c ronment a�l`d Natural[Resouri ces, r Alan W. Klimek, P.E. Director Y -t O 'C Coleen Sullins, Deputy Director Division of Water Quality Asheville Regional Office June 15, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Kathleen Scheutzow TA Operating Corporation 24601 Center Ridge Roade Westlake, Ohio 44145 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 Permit NCO085952 TA Operating Corporation Candler Travel Center Case No. LV-2004-0202 Buncombe County Dear Ms. Scheutzow: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $450.00 ($350.00 civil penalty + $100.00 enforcement costs) against TA Operating Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by TA Operating Corporation for the month of October 2003 This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0085952. The violations, which occurred in October 2003, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that TA Operating Corporation violated the terms, conditions or requirements of NPDES Permit NCO085952 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against TA Operating Corporation: 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 M- 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD. 0 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No. $.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N. $.00 For 5 of the 5 failures to properly monitor DO in violation of NPDES Permit No. NC0085952. $350.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $450.00 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OIL 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 Quality 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 the Division of Water Quality 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, yvu L-aust 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 (30) days of receipt of this notice. The Division 'of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 No 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 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. lou have any questions, please contact Mr. Larry Frost of the Water Quality staff of the Asheville Regional Office at (828) 296-4500. Sincerely, r o est R. estal Water Quality Regional Supervisor Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2004-0202 County: Buncombe Assessed Party: TA Operating Corporation Permit No. (if applicable): NC0085952 Amount Assessed: $450.00 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. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. 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) 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 from performing the activities necessary to achieve compliance). EXPLANATION: Lklf ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND TA OPERATING CORPORATION ) STIPULATION OF FACTS PERMIT NO. NCO085952 ) FILE NO. LV-2004-0202 Having been assessed civil penalties totaling $450.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 15, 2004, 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 Quality within thirty (30) 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 , 20 SIGNATURE ADDRESS ""0_016116= J ' ATTACHMENT A TA Operating Corporation CASE NUMBER: LV-2004-0202 PERMIT: NCO085952 FACILITY: Candler Travel Center COUNTY: Buncombe REGION: Asheville Limit Violations MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 10-2003 001 Effluent BOD 10/31/03 Weekly mg/I 7.5 27.6 268.00 Daily Maximum Exceeded $.00 10-2003 001 Effluent BOD 10/31/03 Weekly I mg/1 5 6.4 28.00 Monthly Average Exceeded $250.00 10-2003 001 Effluent NH3-N 10/31/03 Weekly mg/I 2 6.8 240.00 Monthly Average Exceeded Monitoring Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 10-2003 001 Effluent DO 10/31/03 Weekly mg/1 Frequency Violation ' "DIVISION OF WAI QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: TA Operating Corporation County: Case Number: Buncombe LV-2004-0202 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the 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 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. D e e orrestO-Westall Water Quality Regional Supervisor Asheville Regional Office FWel FEasley, G vernor iM'lt2m; G. Ross d"n., Secr tar North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Coleen H. Sullins, Deputy Director Division of Water Quality WATER QUALITY SECTION June 15, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Kathleen Scheutzow TA Operating Corporation 24601 Center Ridge Road Westlake, Ohio 44145 Subject: NOTICE OF VIOLATION NOV-2004-LM-0002 Permit No. NCO085952 Candler Travel Center Buncombe County Dear Ms. Scheutzow: Asheville Regional Office A review of Candler Travel Center's monitoring report for(Nove-mfber-2003 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Chlorine, Total Residual 11/04/03 17 ug/I <20 ug/I Daily Maximum Exceeded Chlorine, Total Residual 11/05/03 17 ug/I <20 ug/I Daily Maximum Exceeded Chlorine, Total Residual 11/11/03 17 ug/I <20 ug/I Daily Maximum Exceeded Chlorine, Total Residual 11/12/03 17 ug/I <20 ug/I Daily Maximum Exceeded Chlorine, Total Residual 11/18/03 17 ugh <20 ug/I Daily Maximum Exceeded Chlorine, Total Residual 11/19/03 17 ug/I <20 ug/I Daily Maximum Exceeded Chlorine, Total Residual 11/25/03 17 ugh <20 ug/I Daily Maximum Exceeded 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 v Ms. Scheutzow June 15, 2004 Page 2 Chlorine, Total Residual 11/26/03 17 ug/I <20 ug/I Daily Maximum Exceeded Parameter Date Measuring Frequency Violation Dissolved Oxygen 11/30/03 Weekly Failure to monitor Effluent Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working day of receipt of this letter. You should address the causes of non- compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Mr. Larry Frost at 828/251-6208. Sincerely, Forrest R. Westall Water Quality Regional Supervisor xc: WQ Central Files ■ Complete items 1, 2, and 3. Also complete !M If Restricted Delivery is desired. ■ FlWour name and address on the reverse so that we can return the card to you. A. Si n ture X �/% Agent Addressee B. d�,th : 'oiina ar,:rzer �sra..ena acn..9..exr. - rrl iu �,; o r- I �. t HEI l-. -7 )r k.i. Er ` i T '• ' lJ F P A. i ; s Si � :. v'� ; � ; � }; r 1 3. Se ice Type �,J. Airc E� l u Certified N rl w 2163 0 �E.N1 C-:IL t.;1' °: r_ FP( -)AD egistered Meru P 1i ES 1 1 .EKE OFI 11,4145 ❑Insured �. - 4. Restricted De E3 C3 2: Article Number p (Transfer from. s PS Formi3811 7003 1680 0002 O---------------------------- =-------------------------- C , Date of Delivery 0ri'i 6—. 'tem 17 ❑ es Blow: Qj o OLL LL d- O Cz:W) J NO U)z N aW ess Mail n E: Fee) 102595-02-M-1541 r UNITED STATES POSTAL SERVICE fit' N O 0 P !vl d� Postage & Fees Pai USPS Permit No. G-1 �yqY��• _II �Il'. 'l i!IC`! !. .)i t7 '.iJ�. :!.,1 �!\St:: +S!•.+Ii.4wA `yL�,r�My-�-+Qp�}+e"1Mw �� ._I. .♦ .. � I� ":.. I.,. )� .. .: �- i r:i, ; Certified Mail Provides: ■ A mailing receipt (esJanay) Z003 Bunr '0 d Sd � `t j.. � ;:�. � � , � , L; -, , ` A unique identifier for your mailpiece �`a t , ;, f; l J�;� `+ .d:\y :. j ■ A record of delivery kept by the Postal Service for two years kriportant Reminders: - fs`ti ■Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. ■ Certified Mail is not available for any class of international mail: ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail.. 0 For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach Return a Receipt (PS Form 38111 to the article and add applicable postage to cover the fee. Endorse mailpiece 'Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is e i ► i f 1 I I i i I i I I required. is For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiecewith the endorsement Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Cef ified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. ■ Complete items 1, 2, and 3. Also complete • A. atur / item 4 if Restricted Delivery is desired. / ,�iir��eat_.-- ■ Print your name and address on the reverse ❑ Addressee so that we can return the card to you. B. Received by _ Date of Delivery y:< � North Carolina Department'—. a' caA SO • Environment a Natural Resourc�;�; s `287 item i? Yes c 2090 U.S. Highway 70, S , innanca, Nc _` address belo 0 No Ln �i� ® f�0 �';^ m _ o I O I No �`�-- p LO w } z r ti z cc EDWIN P KUHN, PRESIDENT - ~01 r-� •� TA OPERATING CORPORATION CerviceTyeru 24601 CENTER RIDGE ROAD STE 200ertifie essMWESTLAKE OH 44145-5634 egist ede urn Rea L Merchandise O ❑ Insure fOiaiF'.O.D. a W q 4. Restricte ee) rn Q ❑ CO 2. Article Number -- 7 0 3. 1, -o' (riansfer from service iabeq , 6 8. . aJ 0 0 2 .; 1,; 2 9'3 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-154( Vw IM 1 O w----------- 14 A O Q v 2 --------------------- UNITED STATES POSTAL SERVlq'E�,f�ND 0 P1 M jj PM _J iN Certified Mail Provides: W A mailing receipt moa eunr 088 WJ0J 8d A unique Identifier for your mallplece ■ A record of delivery kept by the Postal Service for two years W1 R L A k R Y' ".7-OST Important Reminders: 5 Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. N C; C, YE r F V*,11 a Certified Mail Is not available for any class of International mail. Al T 7— R m NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For 2090 ii.,". valuables, please consider Insured or Registered Mail. 0 F an additional fee, Return Receipt a b requested ld PrRe ' of a 00 y an attach tta a turn 0 se 0 a ov cover 1v Receipt sewce 8 co e '�t m Or T a tu p please complete 0 obtain Re Re I postage the rt I d applicable I TI t po Requested". ,race a fee waiver for Certified i M 1 c ipt is ce ce V lived Mail e ■ 23' S 0 or 8 u t I S delivery. Receipt (P Form 11 ) 0 he article an ad fee. Endorse mailpe ;Re m Receipt Req ,dplcate return receipt, a LISPS® postmark 0r Ce requ.rd . For an additional fee, delivery may be restricted to the addressee'or addressee's authorized nnt. Advise the clerk or mark the mallpiece with the endorsement "Restdote eflry ve" 111 1 11 1 f 1 11 111 111 11 1 1 w If a postmark on the Certified Mail receipt is desired, please gresent the arti- cle at the post office for postmarking. If a postmarkon 0 Certlfied.Mail receipt Is not needed, detach and affix label ithpostage and mail. IMPORTANT: Save this receipt and present It when making an inquiry. Internet access to delivery Information Is not available on mail addressed to APOs and FPOs. ■ Complete items 1, 2, and 3. Also complete A. Signature iter d Restricted Delivery is desired. X Ji /Gvy ■ 1 10 name and address on the reverse j( so t at we can return the card to you. B. Received by (Pi -tom- - _�.- R 'arolina Department of ,., • , Environn`f Natural Resources 2090 U.S. Highway- annanoa, Nc 28778 NCDENR Kk o o,,6 5 4 8 EDWIN,, P KUHN, PRESIDENT TA"G CRATING CORPORATIC - 24601 CENTER RIDGE ROADS 1-_:..200 WESTLi�%KE OH 44145-5634 ❑ Insured 4. Restricted 2. Article Number (Transfer from service label) ?S.Form 3811, August 2001 . , ... . rice Type Certified r ]q03 1680 .000-2 12 Domestic Return Receipt ❑ Agent ❑ Addressef Date of IPliven ntfrom item 1? gar a ress below: U CO W 1cf) Z } op � O N < Lu Q rr rr Expressivlail H j Return Receipt ogmol handise u� r ❑ Yes 93 343.4., 102595-02-M-154 UNITED STATES POSTAL SE?�PND PM �f~ I Nurth. 4�,4-e4*na' (--): Q— iMerA-4.- Envira ment--t-:. a urli Res 11090 U.S. Highway 70, Sf-iannanoa, 1c 287YP MR. LARR`! i=ROST' NvCLIENR--DWO SURFACE WATER PR(TECTI(—)N 2090 U.S. HIGHWAY 70 S\r\f A N MANOA NC 28778 In Ii III JII „ IIII Ifill 1111111If fills I III l I a 1111111111111 it III ■ Complete items 1, 2, and 3. Also complete A. signature ite if Restricted Delivery is desired. X �!' ❑ Agent ■ P.1ur name and address on the reverse Gi ❑ Addresse( so at we can return the card to you. B. Received by (PrUN;N�� Attach this card to the back of the mailpiece, e of Deliver) - _ _ �. fJorth Carolina Departrnen :s di f m item 1? Yes -^ Environme° `' ,; ; Natural Resour es 'v a w No 2090 U.S. Highway 70, Swannanoa, Nc 23 Y$ o E NCDEN� d CD �cc�e g�9�2 F CD °° J i Cn ¢ EDl/1i'IN P KUHN, PRESIDENT 3. service Ty cv ¢ � TA OPERATING CORPORATION Certifie a'l &pressM w ��❑..!! 24601 CENTER RIDGE ROAD ST E 200 ❑ Regist ➢CI etZm Re t� Merchandise ALES i�LAK : OH 44145-5634 ❑"Insure I /❑�.O.D. `�i-- 4. Restricted Delive .-F i� ❑Yes ?. Article Number 7 0 0.3 0: (Transfer from service labeq 16.8 3S Form 381.1 A_u t 2001. t , 1 t ! DoF e'stic Return Receipt i' ! t ' ' . " l" " ' ` ` ` 102595 02-M-154 UNITED STATES POSTAL SERVICE \-P ND 0 cu P M r J_ r \ —, . Noun CavoOrs Department of _1 - -- —�-- ��u-' DX A"F,41 �— �� nrroent and igaturai Resource:: 2090 I_' S. Nighwav 70, Swannanoa, '\Ic 2.8778 MR. LARRY FROST NCDENR—DVVQ SURFACE WATER PROTECTION — 2090 U.S. HIGHWAY 70 SAIANINIA JO.A NC 28778 : I ° it it ? ? 1 11 1 i 11 1 i? ■ Complete items 1, 2, and 3. Also complete tur iteMf Restricted Delivery is desired. ■ Pri ur name and address on the reverse X gent Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, .-Received by (Printe -5, , a e7,,er, , T be artmert f s fromitem1 rl a Fnv,ronnr ent am Nituial Resources �e add ss belt' %090 i i r o �c{� U a_ US ihrley 5Y3r,nanoa, t:c 207 S r� Cj CC rLu LM '— w n Q U0 i i`EET`i 3. Se 'ceType C'w TA OF E R AT � i�; � : G l � i � ' h l l A ! �'.7 �i Certified Mail ❑ pres59gail w R.: - �I {— ��, .-� 2-460�i CEr LATER iUIGE _},-'I� Registered eturnReceiptf r"M andisE _ Endor„ AKE Oi -14-11 ,15 El Insured Mail 4. Restricted Deliv Restd (Endon tWEST! - ❑ Y s 7 _. j 12. Article Number 7004 0750 0000 2593 0156 'Ti7tal (transfer from service label) . •t * zi t' ," i. i i 6 t. (,.lilt ! �, ` i i 4 i { : t� t y 1 1 Sen17 IiPS Forrrt,3811i Au l 2001 t tit `Dourest Return Receipt y I (s A { t ( ({ { t 102595-02-M-154 � or PO (lz F ary, s 9 UNITED STATES POSTAL SERVICE First -Class Mail i hostage-B-Fees-Paid USPS - I' PermifT G. :1 05 K 0 �� Certified Mail Provides:NCDEN• �1 ■ A mailing receipt (esienea) Ecoz eunr •oose -0=1 Sd 8@ ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: M R. L.A R Y F R (D S- ■ Certified Mail may ONLY be combined with First -Class Maile or Priority Mallo 1 C D E �)-(l� ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi IS U R FAr'E WATE F valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide pr L 090 U . S. H! v HW) delivery. To obtain Return Receipt service, please complete and attach a R Receipt (PS Form 3811) to the article and add applicable postage to cover S` AN N N OP._ �i_c, fee. Endorse mailpiece"Return Receipt Requested": To receive a fee waiv a duplicate return receipt, a USPS® postmark on your Certified Mail rece required. ■ For an additional fee, delivery may be restricted to the addressee of addressee's authorized agent. Advise the clerk or mark the mailpiece with the 'endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an Inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. ■ Complete items 1, 2, and 3. Also complete A. natur item 4 if Restricted Delivery Is desired. KAdaressee Arent■ Print your name and addr ss on the reverse so that we can return the card to ou. _R_R� et. _.�, a a e Date of eliver) hJ.?ith C:ztini.?r ] fiCp7 . i .� �r(Q a .� o rrrlrosi;r:^r,t anci I tur2{ R r -� differeh r 1? e/❑' Yes Q',�. i�' - vCeryaaddres IImIN ❑ No• CD CO .�CDE-H�p f, o r a U r. �..T,_ Q 101 rtified Mail F�cp I :n e i- I �' ` `IDS'` ��' '� i$ d'Retu rieo iptforMerchandise i,f:...n� 1. (Ef .fE C� l �?`� �J� � `-i ured to R J 4. Res d D li ?(Extra Fee) (Er 2. Article Number i a (Transfer from service label) 7 0 0 3 168 0 00 02 129 3 30 1t ii .:Domestic Returri a?um Re8eii;f ifj:R:,:ti PS F.orm,3811,;.qugu'st.20,0': :pt• -- ori .r , - , } CJ .� .. ------- -- ❑ Yes 102595-02-M-154 UNITED STATES POSTAL SERVIC -First-Class-Mail- -Postage _Postage & Fees -Paid SPS yc 1r.-`� Permit No,•.G-10 _ 771, 24 .Iti lY �_r4•t:1 �Ilv_� .'.(�',�".' ��ix.�'• .•+•:,•. :i®l�.�.r _ � r°"*^�R ` ; Certified Mail Provides: (esuanab) aooz eunf 008E' d Sd i :v�►�li�, ■ A mailing receipt ■ A unique identifier for your mailpiece p A record of delivery kept by the Postal Service for two years I Important Reminders: " ■ Certified Mail may ONLY be combined with First -Class Maile or Priority Maile. h• I: ; t ? , r V `; . _" ■ Certified Mail is not available for any class of international mail. ,_� , `, ,� y �.� ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of ` 4 delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage td cover the fee. Endorse mailplece "Return Receipt Requested". To receive a fee waiver for requpclito return receipt, a USPSe postmark on your Certified Mail receipt is ■ For an additional `fee, delivery may be restricted to the. addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the ! 1 11 1 1 endorsement "Restricted Delivery". i r t i r ►1 1 r e i r r i r ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certlfiied Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mall addressed to APOs and FPOs. ■ Clete items 1, 2, and 3. Also complete ii if Restricted Delivery is desired.] A. natur Agent I�I❑Addressee t� F, our name and address on the reverse so thAat we can return the card to you. Received_b. - to of Delivery ;dorthr.-�ruis�� CJ .nvir�mnenE and i' att ral Resoui +"'ss . 1?w Yes �09G U.S. HigM} wan'a, �y No u_ CD LLJ a (/ IIr O� F- LLIn r �; KKHL'EEN SCHEJTZ.OV4 q n u;] F I t + ; T>� -3�I ERAI .NC. O PORATIOy 3.fecreT e-3 o�\r,-_Q nifie u 240- CENTER F?:.��.t. R��. egist red I Express M j Return Re r Merchandise R:C.o.D. I-WESTLAKE O't? 44147 ❑Insure ¢ _ En, i c 4. Restricte Fee) ¢ 1] Yes idle Number. :7 0 3, : 0., rom service label .168[1. ; Domestic Return Receipt F ' 102595-02-M-154 UNITED STATES POSTAL SERVICE i"' D 0 F IV[ Postage &-Fees Pald '/I USPS Permit No.-G-1 sty' V FE �J� pt Certified .Mail Provides: (99jaAeLj) zooz ounr -iiiiee lioz, s- A mailing receipt w A unique identifier for your mallplece 0 A record of delivery kept by the Postal Service for two years Important Reminders: &LY be combined with First -Class Mail®or Priority Mail -e,t1f1ed Mail may ad Mail is not available for any class of international mail. m Certlfi Certified Mail. Fc m NO INSURANCE COVERAGE IS PROVIDED with Certif valuables, please consider Insured or Registered Mail. N For an additional fee, a Returr? Receipt be requested to provide proof c c e an attach a Returi Jallvery. To obtain Return Receipt service, please complete., postage ��o cover th, a Receipt. (PS Form 31311) to the article and add applicable fee fee. Endorse mallpiece "Return Recall Requested". o receive a duplicate return receipt, a USPS®postmark on your Certified required. E For an additional fee, delivery may be restri addressee's authorized agent. Advise the endorsement "Restrictedelivm". 0 If a postmark on t Cie at the post Off! receipt Is not n ■ C ete items a 2, and 3. Also complete X� to ��v itc�if Restricted Delivery is desired. Agent ■ Prinz your name and address on the reverse gent so that we can return the card to you. B. Received by of De ivery ��#ach_this[arri_tn-fho-h�r_It_nf_thc-m�ilniccc _- � _ / t::�nr n n nl an�J wau;r�;; Reso :rc r„sdi eentfre 2 es _Oq0 1,` H;r ti ,,.•, veve address below z No ;Ih,: i0 r•larir;:j t 1. rdr, 287 _' O N J Co Q J Z7 0 KATFILEEiv !� 3��SerJvice Ty less �j TA OP E F' A 1 I! 4 G L "..-i V .-NA i i o tV �LO certifiei al ❑ M i�a246bi CENTcR RilD -jR�i,L` D ❑ Registe Rn Re �t Bi Merchandise v,� fE �� f `� 0 �I ��y, ❑ Insured Mail D. ¢ z 4. Restricte roe ee) ❑ Yes 2. Article Number 7003 1680 0002 1293 2 (Cransfer from service !Ogg 'S Form' 381'1` 'August 2001, ' : ''. i ` I 'Domestic �ieturn �iecei ' ' " I " ' ' 4 ` , ` � :, k I I ' ' 102595-02-M-154 NNO; A d 0 Cl III -6�16 IvisOd SEUViS (J7A CIRLINn i Cc fete items 1, 2, and I Also complete s rt red/ itE if Restricted Delivery is desired. U 1J/, / Pn your name and address on the reverse so that we can return the card to you. B. Receivedy .Attach-this-carriin-tbahon-L-Cthamia7 ior�c - _ _ ; . tlo�*i�c:;roln� J^partn_nt _e • • m r?�1i^.' 1:.'i it: r:nd t laturl! Resourc 2090 i ii eta+;a; 0 swarncn0j; ;plc �•7 '4Cr"1AF& MIT'A NCOO 5Z <A.. HLEEN SCHEUT70W 'VESTi_r`+KE :>H sue" S. Form t iii 3. Se ice Type ertified Mail Xegistered ❑ insured Mail 4. Restricted Deliv y Agent Addressee ery rorr item Idr ss be pl: O 00 N j Co Q 00 z �o --:- dw xpress•Mail w eturn Receipt fI +�lW -- andise Number =r.fromse► 1ce(abpO 7003 1680 0002 .1293 2987 sc 38TI, Au ; kjt 2' 001)fl Jf ta` t'DomestiC;Ret�urn R0c0ipti i a i j 1 �� ti 102595-02-M-1541 t-5 . ! itiit i � tiit:tst f 3800, June 2002 (Reverse) �lap 1 v l jeglluepl anblun v ■ idlece, Bulllew v ■ sapmad Jiew pa41E3� UNITED STATES POSTAL ��, p.� _ •�' ` 4./f _V"!',Yi ��' (eaieneyJ zooz .�.'� Certified Mail Provides: eunr'ooeeWjo:isc ■ A mailing receipt ■ A unique Identifier for,your mailpiece ■ A record of delivery kept by the Postal Service for two years �'' ` f `' '' Important Reminders: ,i - , e, ` .V.r.; i ! ■ Certified Mail may ONLY be combined with First -Class Melia or Priority Mail ■ Certified Mail Is notavailable for any class of international mall. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. ,, • • . r valuables, please consider Insured or Registered Mad, ■ delivery Toiobtainf Retum Receipt Receipt mg ,, pfeasebe rcomplete and attach proof tu Receipt (PS Form 3811� to the article and add applicable postage to cover & fee. Endorse malipiec 3 'Return Receipt stmark ondyout receive �ified Mailyreceipt a duplicate return receipt, a USPS® p required. be restricted to the addressee � For an additional fee, delivery may gd'e Esc e's authorized agent. Advise the clerk or mark the mailplece withtl $eQ ��Qt�p�'p "Bepstricted Delivery°. re a�p�?oo Spea/� jq a - tified Mail receipt is desired, please present the at • ao gored to e,��etp�9ef� --4Vroking.• If a postmark on the mall. M agar etorn/p/�7rjto e��,9ec r�eiapel with postage acse�esa/tio�a/ e`�'pan �$t��nq�' ieM��' ybeeo'QSib°� "Ok n mail an �'449 vat ree k t q s�zed a% SjOs® 06y, a dyae bq�est e7irea �.,Q p'ept/hei e"' q the G-a'St,�k St�oii ab/ej, - r Maid F 4a p&• Ce ai,go1,. ay o4 To a po �� ov/de or fqd yea rti"' 4. set be your ore sta heck pro I ®�®' 0 �di/rec he%�kot�/lea Cef'ii/eaa9 eto��e Of LE des/r �arkthe the a to Mei/re e;Ot� re ?oNe'y t jai/peeress; S r �fh aq{or eas oe e d9En the reseq With Cher ■ Com lete items 1, 2, and 3. Also complete itef Restricted Delivery is desired. A• r /� /�\Agent Pr ■ our name and address on the reverse �/ ��f ❑ Addressee so that we can return the card to you, ■_attach_tnis.rard_to_tha_back-of_the-mailoiece. _ _. v d by (Printed Name) Datp of D live _. , �✓/� �^ „ G — )j �� n`Olrll �;3r^ifiz3 vP" artme ❑Yes " 1 differ t om item? rir,r, t,e tt an4 idaiural Reso _ ss below: No )�iQf 'J.S I j;;J;v e W ❑ hWa�' SN,!annan0a, � �d rdC � Z U C N coo ��` � � ° u- a U KATHLL DII SCHE U 1--o- ' o }z 9 A VE�t�i1� I�? tr'_�F-�, r C- f �c f\ I C- I vrtifi Service i1L N Q w 3.xC-gII , 24601 CENTER F= � ? . G ;_ POP %[) d Mai ❑ Express I s ��eturn R rerpT r Merchandise WESl1:tiuE ,)Fi 44.1-:; ❑ Insur Mail C. .D. W j - 4. Restrict ?Extra Fee) � 2 ❑ Yes rn 2. Article -lumber — (Transfer from service label 7 0 0 3 16 8 0 0 0 3007 c• J ?S Form:3'811:, Au use 20:01: `: r r ' ' ' r r bomestic Return Receipt' i 702595-02-M-154 .g UNITED STATES POSTAL SERVICE First -Class Mail -Postage & Fees'P'gid USPS Permit No. G- -.Ni'i : 1 1 b L HCDENR A("- ■ Complete items 1, 2, and 3. Also complete I A. ■ M; if Restricted Delivery is desired. X /our name and address on the reverse so that we can return the card to you. g_ r Mort^ Garo;i;,a i,epartrr,ent o t_IIVIrOailE 11l Hrii i\hfUrc�l Resource;- �C�O V.S. t;f�tr.;ay 7rl wbannanoa �;c 2SI r•i+ DE C o KATHLEEN SCHEUTZOW s. (Syvice Type TA OPERATING CORPORATION Certified 24601 CENTER p,iDGE ROAD ❑Insured egistere WESTLAKE O. ` I 44.14`t 4. Restricted elive ------------ 2. Article Number 1 Mmnsfer from "service laben. t • ...7003 1680. OdQEd ms-i, rm.3811`;'Audust 2001 `.D.ome'stic'f 7 `f�Agent ❑ AddresseE 7 I C. Date of Delivery N C ress Mail W ur Recei M erch Fee) Q Yes 3252. 102595.02 now UNITED STATES POSTAL SERVICEF�N,D��-Postage & Fees PaidUSPSPermit No. G-1 "i ✓�� ':�i`'•-tll i. ir�_�•('�a i:r'•v3f':1:�[•:I; :.f l ,�4 �i+-�a��_ raj, :sue. _�;� __. "'�VIiOn, f:�;•; �� 8t:�1 d'!;";i? �i ��•o a.'r�'. �,.ri�.,�,}��.. J. �l il�f�i�f�t; �'l �`\•• ili 'I��J ,•1�� }� K�lwxaNb v�.Faa+.vm•.iSa�rssS+.{{4kKwnv-tmsw yIDo "^ �siWf..ut�+a_ ■ C lete items 1, 2, and 3. Also complete A. Signature i" If Restricted Delivery is desired. X�� ❑ Agent ■ P your name and address on the reverseU' ❑Addressee so that we can return the card to you. B. Received by (Printed !Name) „ ' C. Date of:Delivery ss di e�Gent rn I �m a t il `'y ..t, , t,r i `��, :�i'wpifvvery..addgdk_s blow: Ls N�0. �- 1 1:11 2 4 2010 i A t:�;�r''r T it`J o :r.i r' ?'_''� _' XO tTyp�R C?U. -T_-J I ALITY gF(�N +n POST Fri "; = -' D:f rtifieb"IF P �ExpressMaff ,� �� Ca��Z,�11�;�� r r; gistered Return Receipt eje chan 'se Ln ❑Insured Mail //❑ c.O.D: p i 4. Restricted Delivery? (Extra Fee) ❑ y o (Enrl 7009 1680 0000 7515 1994 j L.V 'Zo/ D -63(P3 (Re; E ; PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154( Total Postage & Fees r ; UNITED STABM'PtjWAC'HW% First -Class Mail Postage & Fees Paid USPS Permit No. G-1 • Sender: Please print your name, address, and ZIP+4 in this box • JANE Certified Mail Provides: - NCDE ■ A mailing receipt 2090 U. N ■ A unique identifier for your mailp iece SWANWA ® A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Pri ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provic delivery. To obtain Return Receipt service, please complete and attac Receipt (PS Form 3811) to the article and add applicable postage tc a duplicate return receipt, a USrn PS® Receipt mmark on yourCertifiedreceive Mai required. ■ For an additional fee, delivery may be restricted to the adc addressee's authorized a ent. Advise the clerk or mark the mailpie endorsement "Restricted -Delivery". in If,a postmark on the Certified Mail receipt is desired, pplease prese __.....a;-- fn n tm rkinn If a oostmark on the Ce ■ i lete items 1, 2, and 3. Also complete if Restricted Delivery is desired. A. ig ature f • + X ■ P our name and address on the reverse so that we can return the card to you. c ' d by ■ Attach this card to the back of the mailpiece,`� or on the front if space permits. D. Is delivery d 1. Article Addressed to: games J. Schenker, � nvironmental Associate TA Operating LLC f If YES, enter Al 124601 Center Ridge Road, Suite 200 J3 West Lake, OH 441455634 a :0 ~ N C 60 g 5 2 ❑ Registere ❑ Insured%I T1 4. Restricted D 'rimed C\ Date of Delivery r ess�different from ,, Rem v ❑ Ye livery addr ss tlelow: �j❑ No r, f v a C Receipt for Merchandise Fee) ❑ 7010 18.70 0003 0874 8 6UP7 U'� � 11 j PS Form 3811, February 2004 Domestic Return Receipt :0 rW—'-.—_:_:_____.—�._—_..�.____ Sent To _- _ `-- ---- — -- - -- — -- -- James J. Schenker, Environmental Associate' _ TA OnPratinn I I C 102595-02-M-1541 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS 0 Permit No. G-1 • Sender.: Please print your name, address, and ZIP+4 in this box • Certified Mail Provides: 8 A mailing receipt O ■ A unique identifier for your mailpiece z( ■ A record of delivery kept by the Postal Service for two years sv Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mailo or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified ' Mail. For valuables, please consider Insured or Registered Mail ■ For an additional fee, a Return Receipt may be requested to prr- v/ie proof of delivery. To obtain Return Receipt service, please complete and al, acn a Return Receipt (PS Form 3811) to the article and add applicable postage rj cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a LISPS® postmark on your Certified Mail receipt is required. ® For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the a_ ?1W cle at the post office for postmarking. If a postmark on the Certified receipt is not needed, detach and affix label with postage and mail. ■ CWete items 1, 2, and 3. Also complete A. ig ature item 4 if Restricted Delivery is desired. X ��` �.ClGG l/"i CYRgent ■ Print your name and address on the reverse ❑ Addressee so that we can return the card to you. B. • eceived by (Printed Name) C. Dat of De der IN Attach this card to the back of the mailpiece, dS�.�� j` lZ or on the front if space oermitc - �t - -ess different from item 11 11771 Y ,•F;v7 .slive address below: ❑ No Environment and Natural tcx u alit rY Division of Wat�-r Quality Surface Water Protection Section J II NCDENR 2090 U.S. Highway 70, Swannanoa', NC 28778 ru o-• times J: Schenker,.EriYironmerttaist4ssecate --- ie ice Type r� TA Operating LLC'` . Certified Mafl F�cpress Mail '- 24601 Center Ridge Road, Suite 200 e Registered Return Receipt for Merchandis( o West Lake, OH 44145-6634 ] Insured Mail C.O.D. rn I�Ii�l��, , „�,�„��,,,,��u�n��,nni��u��'� lestricted Delivery? (Extra Rq) ❑Yes p - - -- O(En - - --- - - ---------- - - ---- -- - 7O1;`1,87q0003 3Q ..'0874 92R,,- .---------- (Er. , PS Form 3811, February 2004' Domestic Return Receipt 102595-02-M-154 rO u—'-.U. r- 1 O ra O r� UNITED STATES POSTAL SERVICE �.;',•'." Jig • Sender: Flease'�CiFlt:-yc First -Class Mai Postage & Fe LISPS Permit No. G-10 address, and ZIP+4 in this box • - - - -' Certified Mail Provides: ■ A mailing receipt (, \ ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-class Mail® c �a ■ Certified Mail is not available for any class of international mai s ■ NO INSURANCE COVERAGE IS PROVIDED with Certifi valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to p l I , ' �', delivery. To obtain Return Receipt service, please complete and f I r r i Receipt (PS Form 3811) to the article and add applicable posta fee. Endorse mailpiece."Return Receipt Requested". To receive a duplicate return receipt, a USPS® postmark on your Certifiec required. ■ For an additional fee, delivery may be restricted to the ressee's authorized agent. Advise the clerk or mark the me rsement "Restricted Delivery1111Witdo If a postmark on the Certified Mail receipt is desired, please p cle at the post office for postmarking. If a postmark on the receipt is not needed, detach and affix label with postage and 4h"— rn—nt wed nracant it when mnkinr :::^g •.:'r:A-,7.i.-.. �Y�'...l .D...:1.:..i.,:�"._.5234..:. _F::'L:f,�:"�. .1K°• ■ CIMete items 1, 2, and 3. Also complete A. sighature ` " •.' '' : "" :" '�"""' :_, it if Restricted Delivery is desired. ' �\ ` ,1 Agent ■ Print your name and address on the reverse X' �', �\ '�p •Addressee so that we can return the, card to you. B. Received by (Prin edkame) ;' C. Dates of Delivery ■ Attach this card to the back of the mailpiece, _nr on the frnntJfsnace nprmitc 7_, _ -G � J ✓ �'' ess different from 'tb 1? ❑ ;Yes nl e t 0 � S 9 SZ North Carolina Department of ° elivgry addre blow: • .� Environment and Natural Resources:. ,r : ? ,•` i ' Division'of Water Quality Surface Water Protection Section zj'`' r NCDENR 2090 U.S. Highway 70, Swannanoa, NC 28778 ` James J. Schenker, Environmental Associate Se Ice TA Operating LLC iy�Certified Mail ❑ Express'Mail' +' a 24601 Center Ridge Road, Suite 200 (`�Re"gistered ` I �C:O.tun Receipt for Merchandise Wes: Lake, OH 44145-5634 ❑ Insured Mail \❑ D. IIIIII.I II II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I I II I I II I I I'Restricted Delivery? (Extra Fee),"❑ Y (Er - --- -- - - - ---- - ----- - -- - - - - - --- � (Er 7010 1870 0003 0875 4487 'Nbi�-2()l/-Lm—oD $ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1541 =on,Schenker, Environmental Associate e...... UNITED STATES POSTAL SERVICE Y First -Class Mail Postage & Fee Paid USPS Permit No. G- • Sec d6r,Pfei�se print'Our narni ',address, and ZIP+4 in this box • Certified Mail Provides: , 0 A mailing receipt r A unique identifier for your mailpiece a 2i ■ A record of delivery kept by the Postal Service for two years SL Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mailq ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return ! �! i Receipt (PS Form 3811) to the article and add applicable postage to cover the s a t t f f t i fee. Endorse mailpiecei"Return Receipt Requested". To receive a fee waiver for a duplicate return recept, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee of addressee's authorized agent. Advise the clerk or mark the mailpiec-with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail rpreint is runt nppriarl_ riptarh nnri nffiv lahpf with nnctnnp anri .,,off • Complete items 1, 2, and 3. Also complete A it if Restricted Delivery is desired. • Pour name and address on the reverse so that we can return the card to you. B. • Attach this card to the back of the mallpiece, 0q695?_ North Carolina Department c nvironment and Natural Resour6ei P, Division of Watert'Qualit Surface Water Protection ;SecItio M nnanoa, NQkj 28.77 ,,jMM=NCDENR 2090 U.S. Highway 70, Swa 1, V M I Ln r-9 M-,.-James J. Schenker, Environmental Associate ram. 1, service Type T A Operating LLC Certified ? Cere'r 24601 Center Ridge Road Registerei WAgent 0 Addressee 1, C. Date of Delivery —different from item 11 LI Yes :?ry address below: 11 No ,-TI > : ' C- FEB - 4 2011 0 I-)[:] 4press Mall Lj M RetumRec� Westlake, Ohio 44145-5634 :1 insured Mall — aC.O.D* EM (Endorsement R' Restricted DeIi,ery?,-Fee)-ee—)'— ye C3 -Restricted De r3 (F.Worsement CID 7009 1680 0'000 751S 2366 V-- -0 Total Postage r-q PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1541 Er�r. James J. Schenker, Environmental Associate, EM A Operating LLC .Qid=u��nnrl .. -1 UNITED STATES P Q{�? i 4yi�5 THdatt,iii i4iitii• ttt t �� f;��+iL,g� First -,Class Mail Postage & Fees F USPS Permit No. G,-IA • Sender: Please print your name, address, and ZIP+4 h1his box_' Certified Mail Provides: a • ■ A mailing receipt ■ A unique identifier for your mailpiece -' ■ A record of delivery kept by the Postal Service for two years JANET CANTV NCDENR-DWd. Important Reminders: zoso U.S. HIGHVI o Certified Mail may ONLY be combined with First -Class Maile or Priority Mailc, SWANNANOA N( 0 Certified Mail is not available for any class of international mail. s NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. d i j i ( + = s For an additional fee, delivery may be restricted to the addressee or t t r + t t t t t t t i t t t t t r 1 addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery. In If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT' Sava fhie rat•.ninf and nraeanf if ouhan mom+..-� - - ■lete items 1, 2, and raAlso com it plete 'X aturer if Restricted Delivery is desired. ', ° } Agent ent' ■ Print your name and addi.6ss on the reverse ElAddresse( so that we can return the card to you. B. lived by (Printed Name) C. Date of Delivery .-___ different from item 1? ❑ Yes Ivery address below: El No 3. Service Type Certified Mail Express Mail egistered Return Receipt for Merchandise ❑ Insured Mail C.O.D. 0I - J 4. Restricted Delivery? (Extra Fee) ❑ Yes a 7 0 0 8 0�15 0 0 � 0 Oi_LI-P—H i9955 tli �_t l( tL. ► 12 0 it 0 PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-154 Sent To freet, Aor�0 Bc • UNITED STATES :P, k. L_'`S` der-Muape print your name, address, and ZIP+4 in this box • n z o r� Certified Mail Provides: V o � O ■ . A mailing receipt } �F5 co Q j ■ A unique identifier for your mailpiece } z 0 N ■ A record of delivery kept by the Postal Servige for two years � 0 Sw Important Reminders: j it � I ¢ w mil Certified Man may ONLY be combined with First -Class Mail® or Priority Me z CG w ■ Certified Mail is not available for any class of international mail. 2 � ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mal. F > valuables, please consider Insured or Registered Mail. [I_fL --- ¢ _ cn ■ For an additional fee, a Return Receipt may be requested to provide proof delivery. To obtain Return Receipt service, please complete and attach a Retu 4 Receipt (PS Form'3811) to the article and add applicable postage to cover tl . ; �— fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver f a duplicate return receipt, a USPS® postmark on your Certified Mail receipt �; l� t t t required. ■ For an additional fee, delivery may be restricted to the addressee addressee's authorized agent. Advise the clerk or mark the mailpiece with t "Restricted endorsement Delivery': ■ if a postmark on the Certified Mail receipt is desired, please present the ai cle at the post office for postmarking. If a postmark on the Certified M receipt is not -needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an lnnuirv- 11Complete items 1, 2, and 3. Also complete "'item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Tim Doane TA Operating Corporation PO Box 451100 Cleveland, OH 44145 nov 'mi4 Agent ❑ Addressee B("d by (Printed Name) C. Date of Deliver) D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 1 3. Se ice Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise 1 ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes �. Article Number r (Transfer from service labe:, . 7007 1490 . 0004 -Q 8 Q 3: B; 313 UNITED STATES POSTAL SERVICE' First -Class Mail Postage & Fees Paid USPS Permit No. G-10 Sender: Please print your name, address, and ZIP+4 `inl� "his b Ile NC DENR DWQ - SURFACE WATER 2090 US HWY 70 SWANNANOA, NC 28778 h) fill) I fill I Ili) I, Ili I If if If Ili fill I I III I I fill fill I -1-ij I ■ Co01'ete items 1, 2, and 3. Also complete A S nature `I/it iRestricted Delivery Is desired. Y Ai a ❑agent Pur name and address on the reverse X� ❑ Addressee so that we can return the card to you. eceive by (Fn—nreZftm e)� C. Date of eliyery ■ Attach this card to the back of the mailpiece, _ _ - (js�pf/'.►�1 U r� G ® 5 gS4-• North Carolina Depa4nent'o ;different- em�F'�—� Yes �� • Environment and Natural Resource �>}iv' 11 address below: No m Division of Water Quaid MI Ln Surface Water Protection Section -U nj i,,NCDENR 2090 U.S. Highway 70, Swannanoa, N 2871,8� C5. r�- James J. Schenker, Environmental Associate = o TA Operating LLC kCiertifie er!�jql n, 24601 Center Ridge Road, Suite 200 4�e—t ess ❑ Registm Re elp r Merchandise o West Lake, OH 44145-5634 ❑Insure__D. FM 1p �i�ii�r�i��,ril�i�i��i�i�ii��ii��iiri��i��ii��i n i�i�liII I a I Restricte Delivery? ( ita f e ❑ Ye 7010 1870 ` 0003 0`8714 � 6253' � Zp.r. •MN PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154 UNITED STATES P Sender: Please print yq-,---- Certified Mail Provides: 0 A mailing receipt W A unique identifier for your mallpiece E A record of delivery kept by the Postal Service for two years Important Reminders: 20 a Certified Mail may ONLY be combined with First -Class Maile or Priority Mail& siA E Certified Mail is not available for any class of international mail. ffl NO INSURANCE COVERAGE IS PROVIDED will Certified Mail, For valuables, please consider Insured or Registered Mail. a For an additional fee, a Retum Receiptmay be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage fo cover the fee., Endorse mailpiece 'Return Receipt Requested". To receive i fee w4:tver for ��_duQlicate return receipt, a USPSO postmark on your Certified Mail receipt is ra 0 .mabu! a ■ 11 4 if items 1, 2, and 3. Also complete A. Signat� ii 4 if Restricted Delivery is desired. -l�-Agent ■ Print your name and address on the reverse X & �� ❑ Addressee —thaf-wa-can-ratiirn_the-rard to vou_ _❑_os et..e�.h„1-tedName) LCeLyp f,D ery North Carolina Department ofi >_.� A • ,� Environment and Natural Resourcesl different from item 1? ❑ Yes 1. Division of Water Qualityery address below: ❑ No NCDENR Surface Water Protection Section 2090 U.S. Highway 70, S wannanoa, NC 28778 TIM DOANE j TA OPERTING CORPORATION] POST OFFICE BOX 451100 I CLEVELAND OH 44145 NC �OSS`�52 3. e e Type Certlfied Mail XC pressMail ❑ Registeredturn Receipt ElInsured MailO.D. 4. Restricted Delivery? (Extra Fee) lt.� ee�l!�u'I 7007 -1490 0004 07:13 `1349 ' � PS Form 3811, February 2004 Domestic ;eceipf 102590-02-M-151 UNII S. SERVICE First -Class Mail Postag USPSe & Feesd � Al? Permit No. G-10 � ` V?i F •Sendere print O ti Cegtified Mail Provides: 'L �� Q ■airmailing receipt =. ■ A unique identifier for your mailpiece .` \ ■ A record of delivery kept by the Postal Service for two years important Reminders: 2COO ■ Certified Mail may ONLY be combined with First -Class Mae or Priority Mail®. SNi.4 ■Certified Mail is not available for any class of international mail. � ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. or valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Reequestted your Certified fee e whi a ptgs i a duplicate return receipt, a USPS®p Y ressee or I —required. j i r r i i n i t e r .> >> F. �' 1 i j Irfrr i (� i iigi rri;ay be restor�cmark the mailp ecfl with the ■ C ete items 1, 2, and 3. so completeA. itt if Restricted Delivery is desired.X ■ Pri ,, our name and address on the revers so that we can return the card to you. ■ Attach this card to the back AlofAmailpiece], or on the front if space permit �1 'Agent (Printed Name)` _ 1`0`1)4teof — ressqdifferent fro iFert� 1? ofl�e(��°> North Carolina Department of)elroeEy"addresgb low: ��•�10,, 4' OJ7 CLrSvironment and Natural Resour esD1 Division ofVll:ater Quality Surface Water Frol�ction Section I! �'Al NCDENR 2090 U.S. Highway 70, Swanriaria, NC `28778'� CUO) ZC"�e ce ty e James. J. Schenker, Environmental Associate _ y��\\ ed'Maitr �❑ EiipYass:t�ail �' ,. E TA Op -hating LLC istered urirReceipt for Merchandise p 24601:Center Ridge Road, Suite 200 ❑ Insured Mail D,C.O.D� Wes? Lake, OH 44145-6634 Restricted Delivery? (5dt'.Fee) ❑Yes o (EI' ----- i' o R 7010 1870 0003 0875 4821 IC __ _ PS Form 3811, Fey 2004? ; ; Domestic Return Receipt N ;bruar co Totar vosmge a. rasa I .y t r-9 Sent To n mdi- ntal Associate ----- -""'�t' UNITErb STATES POSTAL SERYICE First -Class Mail Postage & Fees Paid USPS r , . Permit No. G- A/n," %T - _7 -, r Sentler: Please pn t'your riame, address, and ZIP+4 in this box • Certified Mail Provides: `C� ------ - • e Amailing receipt i jA ■ A unique identifier for your mailpiece zNC W A record of delivery kept by the Postal Service for two years swq Important Reminders: - - i ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Maile. ■ Certified Mail is not available for any class of international mail. ® NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return i Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Retum Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is, required. i m For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, lease present rno . cleat the post office for postmarking. if a ��- -_P ■ C lete items 1, 2, and 3. Also complete A. S nature r " i If Restricted Deliyery is desired. X „h \❑ Agent ■ PiTyour name and address on the reverse �' \c \ :❑ Addressee so that we can return the Card t0 you. eceived by (Pr1 ted Name)` C• D t of eliv Sy ■ Attach this card to the back of the mailpiece, ' os-C-11 •�f� �/� £i (N/ .nr nn +he fr—+ if ennnn nPrmitC �• North Carolina Departure R-1 XT47AN ��/. Environment and Natural Resources" Tess different from item 1? Yesv✓ I �` Division of Water Quality-lelivery address below;•❑ No Surface Water Protection Sectioh(i V. NCDENR r �-�,•2090 U.S. Highway 70, Swannanoa, NC 287�78 <;, James J.�henkdr,-Envlrgn'mental Associate•,:`, r TA Operating LLC ice�Type•\\` ! /„ Candler Travel Center ZCertified�Mail' \� Express Mail 5- 24601 renter Ridge Road,,Suite 200 Registered. eturn'Receipt for Me7 dise n West Lake, OH 44145-5634 ❑Insured Mail❑b.O:D. j I I I I- , Restricted Delivery?,(ExiraFee) ❑Yes D (En 7010 1870 '0003 0874 7274 NO , 0011 --L.V T P8 Form 3811, February 2004 Domestic Return Receipt '"' 102595-02-M-154 \X enker, Environmental Associate-.\ UNITED STATES POSTAL SERVICE ='^+`' First -Class Mail Postage & Fees Paid r USPS , ermit No. G-1!� • Sender: Please print your s�nah4a,: add sd"ZIP+41,this ?' Certified Mail Provides: J ■ A mailing receipt ■ A unique identifier for your mailpiece NCt ■ A record of delivery kept by the Postal Service for -two years zoso Important Reminders: -swAr F ■ Certified Mail may ONLY be combined with First-CIaSs,Mail®or Priority Mail ■ Certified Mail Is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fc valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof c delivery. To obtain Return Receipt service, please complete and attach a Returi Receipt (PS Form 3811) to the article and add applicable postage to cover thi t fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver fo a duplicate return receipt, a USPS® postmark on your Certified Mail r.�ceipt i; required. ■ For an additional fee, delivery may be restricted to the addressee c addressee's authorized agent. Advise the clerk or mark the mailpiecawith th, endorsement "Restricted Delivery".. - ■ If a postmark on the Certified Mail receiptf is desired, please nre^p_ cleat the post office for postmarking I .�,—;e f is —f ...H. 3 3 3 I 3 3 ■ items 1, 2, and 3. Also complete A lure x A, OdAgent 0 ate v, Co ate Restricted Delivery,is. desired. ■ Pri our name and address on the reverse amidressee so that we can return the card to you. t PT-M e OfO 'I ery e -.q, v X 0 of i �a e�parrtmer C;J a North Caroli 4 ral. A 8595Z Environment and N ral.Resou ifferent-from -ft ml? Division of Water Q It b1iii 'ery address be] Surface Water Prote6floh"SebtIOM 2090 U -S. Highway 7 annanoaNC- 28f-191, RCDENR 0--�.Sw Mau James J. Schenker, Environmental Associaltg ewv TA operating LLC re* e'46b mp 6 O:rt I 24-601 Center Ridge Road, Suite 200 i IL01 Press Mac L'I R, West Lake, OH 44146-6634 1 Regi Return jecelp for OrOhandise [Jill 1,4 insu Me EO.D. L Aestri d Delivery? rl'4 + 'Y' Riwig, 7010 1870 0003 0874 6567 LV-Zo, ruary 2004 Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS .Permit No. G- Sender: Please print your name, address, and ZIP#4 in this' box ' Certified Mail Provides: d ■ A mailing receipt N ■ A unique identifier for your mailpiece sv1 ■ A record of delivery kept by the Postal Service for two years ir,)rikildild Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail, ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt m% be requested to provide proof o delivery. To obtain Return Receipt service, p ease complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece."Return Receipt Requested". To recedfeqwaiva duplicate return receipt, a USPS® postmark on your Cert required. .0 ■ For an additional fee, delivery mabe addressee's authorized agent. Advis endorsement "Restricted Del' ■ If a postmark on t Cie at the r-q I rU O nj r, r-q r%- ■ C�te items 1, 2,'and 3.-rdso complete g ur ite f Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. B. Received by ■ Attach this card to tha hne Vnf+r,e �^^ ��°^ - - - _ co 0 8,5 q5 Z North Carolina Department of zr Environment and Natural Resources Division of Water (duality ��- Surface Water Protection Section 2090 U.S. I;ighway 70, Swanranoa, NCs28778 David A. Plummer, Senior Envircnine"tal �`A.Operatir3l L!_� rse ceType 24LSOI Center Ridge Road I certified Mail ❑ egistered WestlAe, OU H 44145-5634 I❑ Insured Mail C. Date of Delivery I /-ae?—/!% different from item 1? LJ Ye: vy address below: ❑ No NOV 2 9 2010 ❑ Express Mail �Aetum Receipt for 0 R(I 11��eu��i�_�I�_��I�_�i�istill 'il�ji�i„�,P��f�. ;Restricted Delivery? (Extra Fee) ❑Yes O (Endora - -- - ----- — ---i- - (E dorsl 7009 168,0 0000 7515 2021 , L.V �U '.Tow,` PS. Form 3811, February 2004 ;m Doest(c'Retm uReceipt 102595 o2-M454c a- -- -- -3- - -- Q^ 0 0 r- UNITED STATEyS POSTAL'IZVICE w - �` First -Class Mail ;,.,::... Postage & Fee aid USPS �CI=! p��yO.,� _ Permit No. G •;,Semi: `lease print t y r-narn, a �addr�ss, and ZIP+4 in this box • I f OIOZ g _ 1 03( —_ _j Certified Mail Provides: • ` ■ A mailing receipt { J E1 ■ A unique identifier for your mailpiece N Et ■ A record of delivery kept by the Postal Service for two years U _ .SYVANNJ important Reminders: - - - - -__ - ■ Certified Mail may ONLY be combined with First -Class Mello or Priority Mail " ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fc valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof o delivery. To obtain Return Receipt service, please complete and attach a Retun Receipt (PS,Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee walveikoi a duplicate. return receipt, a USPS® postmark on your Certified Mail receipYi: required. _. ■ For an additional fee, delivery may be restricted to the address,ee�o addressee's authorized agent. Advise the clerk or mark the mailpiece with.thi endorsement "Restricted Delivery". If a postmark on the Certified Mail receipt is desired, please present the art! cle at the post office for postmarking. If a postmark on the Certified Mai •` = receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. rm 3800, August 2006 (Reverse) PSN 7530-02-000-904`7 ■ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, ___nr-on-tha frnn—t if � nl coo 4 North Carolina C v Environment and Natuf Division Qj NCDENR -Surface Water �� F 2090 U.S. Highway70, Swa�naa r" ; 1 -.w». —T �A\' James J. Schenker, Environmental Associate z'_A 0 TA Operating LLC .' � Candler Travel Center 24601 Center Ridge Road, Suite 200 West Lake, OH 44146-5634 -__ 7010 1870- O003 0874 7847 PSI Form 33811 {Fe6ruary 2004 i % i i I i I Dom slticli3sturni by 13Agent �-O Addressee different fror-Ti 1? / Yet/ it ery ass No CV O Provided �,cuV A V '� C .. ❑ ail- F{eY eceiMor Merchandise =v t? (Ext}�F,_,ee9), .❑ Y s Postmark Here Receipt 1f 102595-02-M-1540; j James J. Schenker, Environmental Associate o TA Operating LLC _ y_ o Candler Travel Center r� 24601 Center Ridge Road, Suite 200 4. West Lake, OH 44145-5634 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • :ertified Mail Provides: I A mailing receipt I A unique identifier for your mailpiece I A record of delivery kept by the Postal Service for \ years nportant Reminders: V i Certified Mail may ONLY be combined with First -Class Mail® or Priority Mai6. I Certified Mail is not available for any class of international mail. i NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foe valuables, please consider Insured or Registered Mail. I For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSO postmark on your Certified Mail receipt is required. I For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". I If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. NiPORTANT: Save this receipt and present it when making an inquiry. S Form 3800, August 2006 (Reverse) PSN 7530-02.000-9047 CANTWELL t-DWQSWP ,HIGHWAY 70 VOA NC 28778 I7iltlt iii tl'iJi%ifllllt tf 37 fi it ii ■ Complete items 1, 2, and 3. Also complete A. ignature P P �� item 4 if Restricted Delivery is desired. 1 I , C� I'Agent ■ Print your name and address on the reverse X f v " Addre so that we can return the card to you. eceived by (Printe Name ' of �I ) ■ Attach this card to the back of the mailpiece,:(//� a North Carolina Department orf.'ess diffe t fro em e Environment and Natural Resources B'livery d9 elow- �-13 No Division of Water Quality; O O �� Surface Water Protection Section Crn NCDENR 2090 U.S. Highway70, Swannanoa, NC`�j28778jI—� %� A/'��'A �0 -i- Li James J. Schenker, Environmental Associate TA Operating LLC FR ice ype � /v r C ro e fie ail ,❑ ress M i JP < Candler Travel Center 2460"i Center Ridge Road, Suite 200 I e Return R Me rn West Lake, OH 44145-5634 ❑ Insured fall- 6 O.D. o (Ei InIII�II�I�.IuI�IIIIIuIuIIIIIII�IIRestricted Delvn (Extra eej�ri ❑ (E II 7010 187� 0003 0874 7830 � I�, 4 (DOmestio Return Receipt 102595-02-M-154, odate UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Certified Mail Provides: -- - I ■ A mailing receipt dt ■ A unique identifier for your mailpiece NC ■ A record of delivery kept by the Postal Service for two years 209( swA Important Reminders: a Certified Mail may ONLY be combined with First -Class Mail®or Priority Mail¢ ■ Certified Mail is not available for any class of international mail. m NO INSURANCE COVERAGE IS valuables, please consider Insured or PReg steROVIDED h Certified Mail. Foi Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of ------ delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. e -- -- --- -� For an additional fee, deliverymay b"restricted t addressee's authorized agent. Advise th endorsement "Restricted Delive r If,a postmark o ■ Complete items 1, 2, and 3. Also complete A ignature item 4 if Restricted Delivery is desired. • f Agent ■ Print your name and address on the reverse .v ❑ Addressee so that we can return the card to you. Y B. Received by (Printed N e) _G•%At `of.De bevy ■ Attach this card to the back of the malbiece. __ . __— -- _ �, ! `� :`' 2 North Carolina Department, of ress diff;f from item 1T O Yes 1 • Environment and Natural Resourcesjelivery' dress bell ❑ Now Division of Water Q'alityi, _ .. Surface Water Protection Section NCDENR 2090 U.S. Highway 70, Swannanoa, NC. 287, 8 � .+ ; • r - ,ram / ,,,J� �� - James J:,Schenker, Environmental Associate / �h TA Operating LLC ervice Typ •` k Candler Travel Center ertifed;M8i1 ,., O.Express Mail: . 124601 Center Ridge Road, Suite 200 1 ❑ Registered' ' Retum F3eceipt for Merchandise West Lake, OH 44146-5634 I ❑ Insured Mail' 40.O.D. Restricted Dellvery?(Extra Fee) ❑-Y 1870 0001.3 0474; ;7;96,0 ; : �I /�ld.�;�?.Ul/- L✓ -U �% t • Domestic Return Receipt 102595-02-M-154 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Certified Mail Provides: n A mailing receipt j ■ A unique identifier for your mailpiece 2( ■ A record of delivery kept by the Postal Service for two years sv Important Reminders: -- ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mai ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fi valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide delivery. To obtain Return Receipt service, please complete and �S , ; Receipt (PS Form 3811) to the article and add applicab 1 1 A + fee Endorse mailpiece "Return Receipt Reque a duplicate return receipt, a USPSe po required. '■ For an additional addressee' onrin ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliveryisdesired. ■ Print your name and address -on the reverse so that we can return the card to you. ; ■ Attach this card to the back of the mailpiece; or on the front If space permits. 1. Article Addressed to: Mr. J@,-nes .!. 3efiker, Environmental Associate v A Operating-UC ?4601 Center !' id g e Road, Suite 200 --�'JeStl2:'P., -44145 6639 NCO Ali A. Signature,g ffl�ent ❑ Addressef B. Received _y_-(Fri ed Nam) C. Drr, of Del' erg sashD. Is eliva di ran from item 17 Ye If ente g J ery a s below: ❑ No -s (r m a^y •7Q �3� 3. Service Type Certified Mail ❑ Express Mail Registered PVRetumRecelptfo� ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) e. icleNumber ;7D12. 1D1D .O.OD2.,1967,. 7527. ransfer from service li_, 2004 : Domestic Return Receipt.—� 7 9 1 J�c B_ 102595-02-M-15' UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 Sender: Ple&% rint your name, address, and ZIP+4 in this box • o �o a ° NCDENR - DWR V C i x ! Water Quality Section �l7 N -1 nnn 1 I C �!1- 1_1....... _ o a Certified Mail Provides: ® A mailing receipt s3 ! ® A unique identifier for your mailpiece C i ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority MaiIG i ■ Certified Mail is not available for any class of international mail. ® NO INSURANCE COVERAGE IS PROVIDED with valuables, please consider Insured or Register. ® For an additional fee, a Return Re delivery. To obtain Return Receipt (PS Form q2"w L: VG 4-VVZO-96930 IdI908H Woj9)j opawod .1 400— ON, Efi2z iiiLWO EOOO U.9 Y1 0 1?C99-9tH?t1 HO '048-1 ISOM I LU OOZ ajinS 'pe&8 abp!b jolueo L091pz asipumKia 0; C3 .,Ao; 0 Z)-l-j Builejado'Vi 1 61 IIeW pal . Ssv IPIUOWUOJIAUg 'JO)JUDLIDS -r SOIaef' ru 1�N;0oueuuekXSAeAALAQ9)NZ0'OL H s'n 060Z IIN3CDNI WUojoas Uolfbaloid jalpNk abepnS j!1en 'o; /A.@' le"AA J 0 U 0 16 1 Al (] RE* pUe IU@WUOJLKT saojnosa�j leinle 0 laq s ppAnap, o uaW ede e I Ole CQ jPSSaJPP8 9AIJOPS1 'G eoeds 11 luoij eqj uo io W'93aidpw eqj jo >Iouq eqj of peo sly} qo7a:4V m E— k9A/qcj 10 9 14peiqud)q pamoo -A-noA ol pmo eqj ujnlaj ueo em ley} OS zo W( eOsssJPPV 13 n 9SAGAGJ eqj uo ssaippe pus awau jn.oA lulid m lue6v,m -pallsep S1 fdOA118(] P9plJlS9H 11 V Well x ainju*81 v ejoldwoo osIV"S pus 12: 1 L swell ajoldwoo m UNITED STATES POSTAL SERVICE • Sender: Please print your name, address." I d st Fir Class Mail & Fees Paid Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece . ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Maile ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof delivery. To obtain Return Receipt service, please complete and atiach Receipt (PS Form 3811) to the article and add applicable post fee. Endorse mailpiece.°Return Receipt Requested". To a duplicate return receipt, a USPS® postmark o required. ■ For an additional fee, delive addressee's authorized a endorsement "Res ■ If a post ■ Complete items 1, 2, and 3. Also ciftiiplefe;.'.c;:; A item 4 if Restricted Delivery1s desired. x ■ Print your name arid address on the reverse so that we can return the card to you. g� ❑ Agent ��7 V A ❑ Addre C. Date of Deliver. ACOD ids Z/North Carolina Departme, different from item Yes Environment and Natural Reso ivery address below No +W Division of Air f I 2090 U.S. Hi 70, Swannanoa, NC8'� a t-NCDENR Highway y J_ l James J. Schenker, Environmental Associate C J3 TA Operating ak f - ie e r � .. r' — Candler -gavel Center Mail <ZlExpress 'q t 24601 Center Ridge Road, Suite 200 red �Retu R fo Merch isi I_ West Lake, OH 441455634 nsured Mail C` U � Reir ctedDelivery? (80"be� ' ❑Yes 7 (Endorse Restd{ ��i t v •J (Endors l 7 0 L r YO r� �Q �19h' ' i k _ I I_f.s; l � f E .. : :- :� w. 7 Total E Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15, 9 T I' [..1-1 -11-f f L... 1 1 1 1;-1 1 -__i _1 7_ 1-f f t I i f_ - .,.,r rb.)-ISI UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box ° Certified Mail Provides: ■ Amailing receipt — ■ A unique identifier for your mailpiece JANE ■ A record of delivery kept by the Postal Service for two years NCDEI zoso U.: Important Reminders: SWANN, . ■ Certified Mail may ONLY be combined with First -Class Maile or Priority Maile j ■ Certified Mail is not available for any class of international mail. vNO INSURANCE COVERAGE IS aluables, peas please Insured or PROVIDED h Certified Mail. Fo Registered Mail. ■ For an additional fee, a Return Receipt maybe requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece"Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mpil receipt is required. ■ For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". — ■ If a postmark on the Certified Mail receipt is de�ira cleat the post office for oriqtm-