NC0028606_Enforcement_20170324

WatorResources
90104010ORTAL *UAUrV
Mr. Jason Franklin Joyce
NC DOT Division I I
PO Box 250
North Wilkesboro, NC 28659-0250
Dear Mr. Joyce:
VVQROS
MC)O',,',�ESVit-LE,��,LG�ONA�.- OFFICE
April 25, 2017
ROY COOPER
odwnw
MICHAEL S. REGAN
sta"411),
S. JAY ZIMMERMAN
Wwfor
Subject: Payment Acknowledgement
1-77 Rest Area Iredell County
Permit NCO028606
Case No. LV-2017-0087
County Iredell
This letter is to acknowledge receipt of payment in the amount of $1,451.00 received from you on
04/24/2017. This payment satisfies in full the above civil assessment (s) levied against the subject facility,
and this case has been closed, Payment of this penalty in no way precludes future action by this Division for
additional violations of the applicable Statues, Regulations, or Permits,
Sincerely,
Wren Thedford
cc: Central Files
NPINES
Mooresville Regional Office
State of North Carolina I Environmental Quality I Waterltesoutees
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

r
ON=
Certifled Mail # 7o1-5 1,,.520 0002 6878 2493
&eturn Reecipt Rea es�ted
March 24, 2017
Jason Joyce
NC DOT — Environmental operations
PO Box 250
North Wilkesboro, NC 28659-0250
SU'BJF,CT: Notice of Violation and Assessment of Civil Penalty
for violations of North Carolina General Statute, (G.S.) 143-215, I(a)(6)
and NPDES wW Permit No, NCO028606
NC DOT Division 11
1-77 Rest Area Iredell Count,,*,
Case No, LV-2017-0087
Iredell County
Dear Mr. Joyce:
Roy COOPER
00wroor
MICHAEL S. REGAN
solo—WIffy
S. JAY ZIMMERMAN
Dfwwr
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,451.00 ($1,350.00 civil penalty
+ $ 1 of oo enforcement costs) against NC DOT Division 11.
ft 0 in report R)
'Firis assessment is based upon the , following facts* a review has been conducted of the discharge mo it r g repo (DM
submitted by NC DOT Division 11 for the month of November 2016. This review has shown the subject facility to be in
violation of the discharge limitations anctlor monitoring requirements found in NPDES WW Permit No. NCO028606. The
violations, which occurred in November 2016, are summarized in Attachment A to this letter,
used upon the above facts, I conclude as a matter of law that NC DOT Division 11 violated the terms, conditions or
requirements of NPDES WW Permit No. NCO028606 and G.S, 143-2 15. l(a)(6) in the manner and extent shown in
AttachtnentA, In, accordance with the maximums established by G.S. 143-215,6A(a)(2), a civil penalty maybe assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey Basinger,
following civil penalty assessment ainst DOTgaNC
Regional Supervisor, Mooresville Regional office hereby make the f
Division 11:
Stze of North Carolina ! Enviruntrienud QlcilitV I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

7 "ql
of the I violations of 143-215. 1 (a)(6) And Permit No.NCO028606, by discharging waste water into
in violation ofthe Permit Daily Maxi'mum for
the waters of th State
122000 2 of the 2 violations of 143-215, 1 (a)(6) and Permit No.NCO028606, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for FCOLI BR
i270,00 2 of the 2 violations of 143-215. 1 (a)(6) and Pen-nit'No,NCO028606, by discharging waste water into
the waters of the State in violation of the Permit Daily Munnum, for TSS - Cone.
J33 7. LO I of the I violations of 143-215. 1 (a)(6) and Permit No.NC0028606, by discharging waste, water into
the waters of the State in violation of the Permit Monthly Average for ROD - one.
j 3 3 �75 0 1 of the I violations of 143-215. 1(a)(6) and Permit No.NCO028606, by, discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Cone.
$ 1L) 0: 0 0 TOTAL CIVIL PENALTY
Jj_Ll .00 Enforcement Costs
VAfl.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215,6A(c), in detemuning the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of La-vv and the factors set, forth at G.S. 143B-282. l(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) 17he prior record of the violator in complying or failing to comply Nvith programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30)flays of receipt of this notice., you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
forni). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.,
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

tV0 .on 2: Submit a written request for remission or mitigation including a detailed justification for such
mepuest:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate i6iluireasonableness of the amount of the civil penalty assessed, keif4ikiig remissionisnot 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 Resources 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. I (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 fear 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 Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider infon-nation 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 r gquest remissiorj'you must complete and s-ubmit the enclosed "fie nest for Remission of Civil Penalties
jg—
Waiver of 1Zi t to A arts native !Lq4�np&and Stipulation of Facis� to A - (30) days of re �m Ah d4i , .)y� in —J_�
notice. The Division of Water Resources also rNuots, that conletand submit the enclosedJusti�ficafion for
Rernjssion Re uest."'
Both forms should be submitted to the following address;
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North, Carolina 27699-1617

Option 3: FiltA_pklition for a_administrative hearin with the Office of Ndministrative Hearings:
If you wish to contest any statement in the attached assessment document you must rile 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 Of Ince of Administrative Hearings within thirry, (30) days, of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays, The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCCJS § 15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the taxed or electronic transmission, You
should contact the Offiee of Administrative He the Filing fee and/or the details of the
glint; rcc e �ss .
'The mailing, address and telephone and fax numbers for the Of of Administrative Hearings are as follo
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fa,.,..: [phone]
One (1) copy of the petition must also be, served on DEQ as follows:
Mr. William R Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter.) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Off Ice for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment,
If you have any questions, Please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at (704) 23 5-2192 or via email, at wes.bell Cc�-.ncdermgov.
sincerely, r�
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACMIFNTS
cc-. WQS Mooresville Regional Office - Enforcement File
N1DES Compliance/Enforcement U,nit - Enforcement File

JUS11FICATION FOR REMISSION RE ST
r MQM1
Cast Number: LV-2017-0087 County: Irede-11
Assessed Party: NC DOT Division I I
Permit No.: 1`wlCO028606 Amount Assessed: J1 45 1.00
Please use this form when requesting remission of this civil penalty. 'You must also complete the "Request For Remission,
Waiver ofRight to an Administrative Hearing, and Stipulation ofFacts" 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 tactual
statements contained in the civil penalty assessment document, Pursuant to N,C,G.S. § 143B-282.1(c), remission of a civil
penalty maybe granted only when one or more of the following five factors apply, Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents', as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. I(b) were wrongfully applied to the
detriment of the petitioner (the assess rent 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 their you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (ie, explain why, the violation wtisunavoid able or
something you could not prevent or preparefor),,
(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 civilpenal�v will prevent youfrom performing the activities necessary, to achieve
compliance).
EXPLANATION:

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY CIF';IR DELI
IN THE MATTER. OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES ALTI AGAINST ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
NC DOT Division 11 �
I. 7 Rest Area Irede l County
PERMIT IT NO.NC0028606 CASE NO Lip'- Q1°7-
Having been assessed civil penalties totaling $1 � (l for violation(s)as set forth in the assessment document of the
Division of Water Resources dated March 24 2017, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The'undersigned further understands that all evidence presented in support of
remission of this civil penalty, must be submitted to the Director ofthe Division of Water Resources within thirty'( 0) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (0) days
from the receipt of the notice of assessment.
This the dky of - � _ � d
TELEPHONE

ATTACHMENT A
NC DOT Division 11
CASE NUMBER: LV-2017-0087
PERMIT: NCO028606 REGION: Mooresville
FACILITY: 1-77 Rest Area fredell County COUNTY: Iredell
LIMIT VIOLATION(S)
Violation
Report
Unit of
Limit
Calculated
% Over
Violation
Penalty
Date
Month
Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
11/8/2016
11-2016
SOD, 5-Day (20 Deg,
Weekly
mg/l
45
51
133
Daily
$0.00
C) - Concentration
Maximum
Exceeded
11/17/2016
112016
BOO, 5-Day (20 Deg.
Weekly
mgA
45
68
511
Daily
$135-00
C) - Concentration
Maximum
Exceeded
11/30/2016
11-2016
BOD, 5-Day (20 Deg,
Weekly
mg/l
45
47,40
53
Daily
$000
C) - Concentration
Maximum
Exceeded
11130/2016
11-2016
ROD, 54Day (20 Deg,
Weekly
mg/l
30
42.30
41.1
Monthly
$337,50
C) - Concentration
Average
Exceeded
11/112016
11-2016
Coliform, Fecal MF,
Weekly
#4100mi
400
3800
850,0
Daily
$135-00
MFC Broth, 44,5 C
Maximum
Exceeded
11/2212016
11-2016
Coliform, Fecal MF,
Weekly
#1100ml
400
2800
600,0
Daily
$135,00
MFC Broth, 44.5 C
Maximum
Exceeded
11/17/2016
11-2016
Solids, Total
Weekly
mgA
45
60
313
Daily
$136-00
Suspended-
Maximum
Concentration
Exceeded
11/30/2016
11-2016
Solids, Total
Weekly
mg/l
45
76
68,9
Daily
$135.00
Suspended-
Maximum
Concentration
Exceeded
11/30/2016
11-2016
Solids, Total
Weekly
mgA
30
49A0
64.5
Monthly
$337.50
Suspended-
Average
Concentration
Exceeded

MICHAEL S. REGAN
S, JAY ZIMMERMAN
lea w Resource$
Lxnvw
8%,%A*0Hft14TA,L OUALrrf
Certified Mail #7015 1520 0002 6878 2455
March 7, 2017
Jason Joyce
NC DOT - Environmental Operations
P0 Box 250
North Wilkesboro, NC 28659-0250
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0154
Permit No. NCO028606
1-77 Rest Area Iredell County
Iredell County
Dear Mr. Joyce:
A review of the November 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
wmLt LX-q"&A0—y1-01UQn(§)e
Sample Limit
Reported
Location Parameter Date Value
Value Type of Violation
06-1-E-M—uentColiform, 'Fecal MF, MFC Broth, 11/1/2016 400
3,800 Daily Maximum Exceeded
44.5 C (31616,)
001 Effluent BOD, 5-Day (20 Deg. Q 11/8/2016 45
51 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, S-Day (20 Q 11/17/2016 45
68 it Maximum Exceeded
Concentration (C0310)
001 Effluent Solids, Total Suspended - 11/17/2016 45
60 Daily Maximum Exceeded
Concentration (CO530)
001 Effluent Coliform, Fecal MF, MFC Broth, 11/22/2016 400
2,800 Daily Maximum Exceeded
44.5 C (31616)
001 Effluent BOD, 5-Day (20 Deg. C) - 11/30/2016 45
47.4 Daily Maximum Exceeded
Concentration (CO3 10)
001 Effluent BOD, 5-Day (20 Deg. C) - 11/30/2016 30
4234 Monthly Average Exceeded
Concentration (C0310)
State ofNorth Carolina � Environmental Duality I
Alater Resources
610 Last Crnter Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

Limit ExceedangS Violatign1Q.-
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent -Solids, Total Suspended - 11/30/2016 30 4936 Monthly Average Exceeded
Concentration (C0530)
001 Effluent Solids, Total Suspended - 11/30/2016 45 76 Daily Maximum Exceeded
Concentration (CO530)
III � 11111 111 p I ''III I I
0 Miff#TITI=Iili�l,,i,li's
Oil
Consent.
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

III
rhaveanvy questions concerning this matter or to apply for an SOC, please contact Wes Bell of the
oresville Regional Office at 704-663-1699,
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
o WQS Mooresville Regional Office v Enforcement File
NPDES Compliance/Enforcement Unit _ Enforcement File
State of North Carolina � Environmental Quality I hater Resources
610 East Center Avenue, Suite 5111, Mooresville, XC 2 115
704-663-1699

DMR evipw RRucorad
Facility: it o . Pip s tht�f r
,a . „
+ s
� " �
Mordhtv Aveggg_V-101affoni
Parameter
Permit Lim bmkVitud 10 r umit Action
I'LL ell
iy1it ieitia
Wqqk
Date Parameter
Permit Limit Limit Type PMRValuo % Over Lim it Action
Y t �y u`' a`� ,Y t
n.
ak 8''•.. ``tn'"
x "
rc. -..5 -
Jv
N
jAa )
.
-10
n � W
�i
I-s 4
ypy
a'
[g JJ/gs�,
p E,.i,,r`,Y
Date Paean e er
Permit FrNuency Values Reported tof Vioiations A don
Other ViolationsfStaff Rama
, x". a r t
f .r, t
t ** I ,: { ,� � �,, .'� e" uh , S : dx
�p � � F
1 9' IV a � « " d", 1"-a ' t : � e. � . :a d. x �`, , qs' ,m
� r
f ut ''ry i
tt @ �,fl'4 L' ,✓'
p
4 xv ` d C Y Ei, 3' ' L..' � e" �
y�
>
x .. v..,m.
+ + a
ry aVic
, ,
� As F ^'... �a`Y a"' :;tx avu'"?, , z rz"',' a, t s�1 d... �:..'` ."ari d' ,' �. . ,�§,«'
x
x
Supervisor emar aCompleted
r
" < e'
x
i � a
by:
Assistant Regional
Supervisor Sign
Date -
Regional Supervisorsign,
Date:

Violator: NC DOT Division I
Facility Name: 1-77 Rest Area Iredell Count
Permit Number: NCO028606
County: lredell
Case Number: L "-2017-0087
ASSESSMENT FACTORS
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,
- M' " u " � t
2) The duration and gravity of the violation;
. �..
.-_ 4
?I) The effect on ground or su ace water ua tity or quality or on air quality; F'
1
4) The cost of rectifying the damage
."
5) The amount of money saved by noncompliance)
V'z1v
h) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority( and;
Case 4. LV-2013-0227 — TSS (daily and monthly) and BOD (daily and monthly) violations (July 201 );
Case #: LV-2014-0044 — Fecal olifo (daily) and TSS (daily) violations (November 201 );
NOV-2014-L -0022 ---- TSS (daily and monthly) and BOD (daily and monthly) violations, quarterly Total Nitrogen and
Total Phosphorus monitoring violations (March 2014);
N,OV-2015-LM-0011— BOD violation (daily) and BOD and temperature monitoring violations (April 2014),
V-2015-LM-0010'— Fecal Coliform (daily) violation and Fecal Coliforni monitoring violation (November 2014)
NOV-2015-L1t40011—late DMR Reporting (November 2014);
Case #: L -20 5-0160 — TSS (daily and monthly) and BOD (daily) violations (May 2014)
Case 4. LV-2015-0167 -- TSS (daily and monthly) and BOD (daily and monthly) violations, (June 2014)
Case #. LV-2015-0170 — TSS (daily), BOD (daily), and PH violations (July 2014);
Case #: LV-2015-0176 — TSS (daily and monthly) and BOO (daily and: monthly) violations (August 2014);
Case #. LV-2015-01 8 — TSS (daily and monthly) and BOD (daily and monthly) violations (September 014)4

Case #: LV-2016-0008 .-- BOD (daily and monthly) violations (August 2015);
NOV-2015-LV-0768 - Fecal Coliform (daily) violation (September 2015);
Case #: LV-2016-0091 - TSS (daily and monthly) violations (December 2015);
NOV-2016-LV-0307 - TSS (daily) violation (January 2016);
Case #: LV-2016-0205 - TSS (daily), BOD (daily and monthly), and Fecal Coliform (daily) violations (MaY 2016);
Case #: LM-2016-0027 - BOD (daily) violation and quarterly Total Nitrogen and Total Phosphorus monitoring violations
(June 2016);
Case #: LV-2016-0242 - BOD (daily and monthly) violations (July 2016);
NOV-2016-LV-0650 - Fecal Coliform, (daily) violation (August 2016).
Case #: LV-2017-0053 - BOD (daily and monthly) violations (September 2016).
8) The cost to the State of the enforcement procedures.
Enforcement Cost.*
1 hour staff time...... ....... $ 33.44
1 hour supervisor 52,56
Administrative staff
Total Enforcement Cost $ 101-00
Q1
Date W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ