NC0028606_Enforcement_20170614

Off" COOPER
MICHAEL S. REGAL
Wlawftsources S. JAY ZIMMERMAN
04YAL' Ate Dimclot
July 19, 2017
r. Jason Franklin Joyce
NC DOT Division 1
PO Box250
North Wilkesboro, NC 2 -02 t
Subject: Payment Acknowledgement
I- 7 hest Area Ir d ll County
Permit NCO028606
Case Not LV-2017-01
County Irdll
Dear Mr. Joyce:
This letter is to acknowledge receipt of ' payment in the amount of $776.00 received or you on
711 J2017. This payment satisfies in full the above civil assessment s levied against the subject facility,
d this case has been closed. Payment of this penalty in no way precludes future action by this Division for
additional violations the applicable Statues, Regulations, or Permits.
If you have any questions, please contact Wren " h dford at 919-807-6397.
inoorely,
-3�* -qJ_AAA
Fran Thedford
o: Central Pits
NPDES
Mooresville ille Regional Office
State of North Carolina ( Environnicntal Quality J Water Resources
610East Center Avenue, Suite 30],Mooresville, NC 28115

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ROY PER,
MICHAEL S. KEGAN
Imm
SWON
S, JAY ZIMMEP.MA
Wowlesources Dow
W4*0**WALE U;tM
Certified Mail #7015 152,0 0002 6984 9270
Return ReceiDt Reauested
June 14,2017
Jason Joyce
DOT — Environmental Operations
PO Box 250
North Wilkesboro, NC 28659-0250
SUBJECT- Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute G.S.) 143-215. 1(a)(6)
and NPDES WW Permit No. NCO028606
NC DOT Division 11
1-77 Rest Area Iredell County
Case No. LV-20 t 7-0165
Ired ell County
Dear,Mr. Joyce:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $776.00 ($675.00 civil penalty,
$ 101.00 enforcement costs) against NC DOT Division 1, 1.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by NC DOI' Division I I for the month of January 2017 ti This review has shown the subject facility to be
in violation of the discharge limitations ,,itidJormonitorin,g requirements found inNPDES WW` Permit No,NCO028606, 'The
violations, which occurred in January 2017, are summarized in Ntlachment A to this letter.
Based upon the above facts, I conclude as a matter of law that NC DOT Division I I violated the terms, conditions or
requirements of NPDES WW Permit No. NCO 028606 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 apennit required by G.S, 143-215.1(a).
used. upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Enviromnental Quality and the Director of the Division of Water Resources, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against N'C DOT
Division I I :
,state, of North Carolina I Environmental Quality I Water ResouTces
6tO East Center Avenue, Suite 301, Mooresville, NC 2911
704-663-l699

-1 of the t violations of 143-215. 1 (a)(6) and Permit No, N(10028606, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maxi mumfor FCOLI BR.
$1 �O &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 Pet Daily Maximum far' - Cone,
I of the 1, 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 Averagefor TSS - Cone,
JE5,0(l TOTAL CIVIL PENALTY
J19 1_:.OQ Enforcement Costs
$776k TOTAL AMOUNT DUE - Q
Pursuant to G.S . 143-215 .6A(c), in determining the amount, of the penalty I have teen into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282, I (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 horn the violation;
(2) 'The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance,-
(6) Whether the violation was committed willfully or intentionally-,
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority-, and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
;Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
fiorm), 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

Option . Submit a written request for remission or `'ti anon includin detail ju tification fur 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 'dater Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shrill be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14 - g .1 b) was wrongfully
applied to the detriment of the petitioner,
( whether the violator promptly abated continuing environmental damage resulting from the violation;
() whether the violation was inadvertent or a result of are accident;
() whether the violator had been assessed civil penalties for any previous violations; or
() 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 remissionmust 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: uest� The response will provide details regarding the case staters, directions for payment, and
provision for further appeal of the penalty to the Environmental Management € o mission'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.
Remission lteeauest'"
Both forms should be submitted to the following address;
Wastewater Branch
Division of "water resources
1617 sail Service Center
Raleigh, North Carolina 7 99- h 7

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearinvs:
If you wish to contest any statement in the attached assessment document you must file a petition for an, administrative
Bearing, You may obtain the petition form from the Office of Administrative Hearings, You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m, except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § I 5OB-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 Office of Administrative Hearines with all auestions rep-ardine the filina fee and/or the details fifth
filingprocess.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are, as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
TeL [phone]
Fax: [phone]
One (1) copy of the petition must, also be served on DE Q as follows:
Mr. William F, Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), 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 Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at Nves,bell 0-5�,ncdcnngov-
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional, Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: INIQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

Fr JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0165 County: Iredell
Assessed Party: NC DOT Division 11.
Permit No.: NCO028606 Amount Nssessed: $776.00
Please use this forrn when requesting remission of this civil penalty, You must also complete the "l equest For Remission,
Waiver of piglet to an Administrative Hearing, andStipulation 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 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. 1431 -282,1(b) were wrongfullyr applied to the
detriment of the petitioner (the ass essmentfixtors are listed in the civilpenal(y assessment document)
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e,, explain the
steps thatyou took to correct the violation andprevent.future oecurrences),-
(c) the violation was inadvertent or a result of an accident (Le., explain -uk, the violation was unavoidable or
samethingyou could not prevent or tares are.for),-
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent paymentt for the remaining necessary remedial actions (i.e., explain
hou, payment of the civilpenalty° will prevent youftom perfi)rming the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORT14 CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTTY OF IREDEI.L
Ils1 THE MATTER OF ASSESSMENT WAIVER OF RI,GJ T TO AN
F CIVIL, PENALTIES AGAINST ADMLNISTRATM
} STIPULATION OF FACTS
NC DOT Division 11
I-77 Rest Area Ire ell County
PERMIT NO, NCO028606 CASE NO, 1,V-2017-0165
.
Having been assessed civil penalties totaling 7 d for violation(s) as set forth in the assessment document of the Division
of Water resources dated June BID i7, 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 ryes 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
penally must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
o 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 _. w _ _ 2_.
SIGIN A , w
ADDRESS
TELEPHONE

ATTACHMENT A.
NC DOT Division I I
CASE NUMBER: LV- 017- 1 5
REGION:
Mooresville
PERMIT
N O02860
FACILITY:
1-77 Rest
Area Ir dell County
COUNTY:
Ir d l
LIMIT VIOLATION(S)
SAMPLE LOCATIOW
ustfall 001 --Effluent
Unitof
Limit
Calculated % over
Violation
Penalty
Violation
Date
Report
Mnnthi'r
Parameter
Frequency
Measure
Value
Valuet Limit
Type--
Amount
1i251 U17
1- 017
Colif+ rrn, Fecal MF,
�rVaekly
t1 l rr l
tlU
titt U 1, #€T
Daily
51). tl;
F Broth, .5 C
ExceMaximeded
u
&111 U17
1- 117
valid Total
Weekly
rn 1l
5
50.40 1
gaily
150,0
Maximum
Suspended-
'Exceeded
Concentration
1111 1�17
1. t?17
Solids, Total
Weekly
mg/1
tl
5B 18,5
onthly
375,00
vuraga
Suspended-
Exceeded
Corr ntration

y COOPER
MICHAELS.REGAN
S. JAY ZIMMERMAN
Wr 1foll,
Certified Mail #7015 1520 0002
Return Receiot
May 25, 21
Jason Joyce
Environmental Operations
PO Box 251
North Wilkesboro, NC 2 659-0251
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESSCIVIL PENALTY
Tracking Number: NOV-21 12- -0 9
Permit No. NCO02860,6
1-77 Rest Area Iredoll County
tredell County
Dear Mr.Joyce:
A review of the January 2017 Discharge Monitoring Report D P for the subject facility revealed the violation(s)
indicated below:
Viollation(s),'
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
m001 Effluent Solids, Total sus _ 1/1112017 45 5014 'rally Maximum Exceeded
Concentration (CO530)
1 Effluent Coliform, Fecal MF, l FC Broth, 1/25/2017 400wily Maximum Exceeded
44.5 C (11
1 Effluent Solids, Total Suspended 1/31/2017 30 35.55 Monthly Average Exceeded
Concentration (CO530)
Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (Gars.) 1--215.1 and the facility's NPI ES Permit. Pursuant to G.S. 1 -215. A, a civil penal.y of not
more thantwenty-five thousand dollars , . may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
14 - 1 .1LL
State of Nor t Carolina 1 Environmental Quality j Water Resour
610 East Center Avenue, Suite 301, Mooresville, NNC, 28115
704-663-1699

I 1 1 11111111rji�
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
mr.
If you have any questions concerning this matter or to apply for an SOC, please contact Wes Bell of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina 1 Environmental Qua] 41 Water Resour"s
610 East Center Avenue, Suite 301, Mooresville, NC 28115
7(A-663-1699

RecordyI
Factifty-a - wuM
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Assistant Regional
pervlsor sign Off,
Date:
Regional Suporvisor Sign
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Date:

Violator: NC DOT LDijigifto 11
iracillty Name.- Itn Rqt Arga 1reAAj L,1601
permit Number* N���6
C000tyi j0do
jCast Nottilwe- 11�1017�g!6:
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;
A —lee
2) The duration and gravity of the violation;
sz e-7-k-'c o"'I
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 viiatntor in complying or failing to com* with progeurns over whielt the
Euvirofiffiental M"agetneut tommkiibu bus repiatmry mttfionhyi,AfiA
Case #: LV-2013-0227 - TSS (daily and monthly) and BOD (daily and monthly) violations (July 2013);
Case #: LV-2014-0044 - Fecal Coliform (daily) and TSS (daily) violations (November 2013);
NOV-2014-LM-0022 - TSS (daily and monthly) and BOD (daily and monthly) violations, quarterly Total Nitrogen and
Total Phosphorus monitoring violations (March 2014);
NOV-201.5-1,M-0011 - BOD violation (daily) and BOD and temperature monitoring violations (April 2014);
NO'V-2015-1,M-0010 - Fecal Coliform (daily) violation and Fecal Coliform monitoring violation (November 2014);
NOV-2015-LR-001 I - Late DM R Reporting (November 2014);
Case #: L'V-2015-01,60 --- TSS (daily and monthly) and BOD (daily) violations (May 2014),
Case #: 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 -'rss (daily and monthly) and BOD (daily and monthly) violations (August 2014);
Case #: LV-2015-0178 - TSS (daily and monthly) and BOD (daily and monthly) violations (September 2014);
Case #: LV-2016-0008 - BOD (daily and monthly) violations (August 2015);

N V- 0 - V 7 — Fecal Colifonn (daily) violation (September 015);
Case #s LV-201 -0091 —TSS (daily and monthly) violations December 01
O -2t11 -L'-tidfl7 — TSS (daily) violation (January 20 1 );
Case #: LV-201 020 - TSS (daily), BOD (daily and monthly),. and Fecal Cdlifd (daily) violations (May 2016);
Case #w LM-241 -002 — BOD (daily) violation and quarterly Total Nitrogen and Total Phosphorus monitoring; violations
(June 2016),
Case #: LV-20 -0 — BOD (daily and monthly) violations (July 016);
NOV-201 -Lip- tl _ Fecal Coliform (daily) violation (August'2016)
Case #: L V-2017-t 053 — BOD (daily and monthly) violations (September 201 )
Case #: L"-2t117-t1t1S — BOD (daily and monthly), TSS (daily and monthly{), and Fecal Coliform (daily) violations
(November 2 1 );
Case #. LV-2017-01 — TSS (daily and monthly) violations (December 2016).
8) The cost to the State of the enforcement procedures
Enforcement Cost.
1 Dour staff time....-. ................ ......... ............ 33,441
1 Dour supervisor time............... ............ .... . .... 52.5
Administrative staff cost .......:. ......... ........:... 15.t1
Total Enforcement Cost 101,00
Date
W. Corey 11 incr, Rcional rrper^� isor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NC lEQ