NC0028606_Enforcement_20180228

ROY COOPER
Gmwwr
S. REGAN
Water Resources
VNVtftQN1"tNTAt OVALfTy InIffbIlDbalbIr
April 12, 201
Travis Chrisawn, Division Engineer Env Roadside
NC DOT Division 1
PO Box 250
North Wilkesboro, NC 2862 t1
Subject: Payment Acknowledgement
Civil penalty Assessment
1-77 lest Area Iredell County
Comity lredell
Permit NCO028606
Case No. LV-201' -t1 1
Dear Mr. Chnsawn
This letter is to acknowledge receipt of Check No. 394085 to the amount of $2,578.29 receivedfrom you dated
/2 /2 1& This payment satisfies in full the civil assessment levied against the subject facility and tins case has been
chased: payment of tins penalty to no wayprecludes future action by this i i ion for additional violations of the
applicable statutes, regulations, or permits
If you have any questions, please call Wren1bedford at 19-8077.
Sincerely,
6.413
Wren n Thedford
Administrative Assistant
Water Quality ty Permitting do
State of Nafth COM11fla1 Envumnmtal`QlatitY I W tar RMUMCS
10 East CentCentet AVVINIC, SUIIV 30 1, MOMMUC NC 29115%
04- 53-16

NC.
Water ReSOUrces
(-'mm)nmental Ouaho,
CEWFtFIED NMAIL 47016 1370 0000 2595 7948
RETURN RECEIPT REQUESTED
February 28, 2018
NIr. Travis Chrisawn
NC DOT — Environmental Operations
PO Box 250
North Wilkesboro, North Carolina 28659-0250
Subject: Notice of Violations and Assessment of Civil Penalties
1-77 Rest Area Iredell County,
'IDES Foe nit No, NCO028606
Case Numbers-. I.,V-2018-005 1, LNI-"ill 8-0052, 1,V-2018-0053
Iredel I County
Dear Mr, Chrisasvn:
ROY COOPER
Governor
MICHAEL S. REGAN
�recretar-V
LINDA CULPEPPER
Interim 0irecror
Enclosed are copies of the Notice of Violation and assessment of civil penalty letters issued to
NC DOT for the limit violations reported on the Discharge Monitoring Reports from October 2017
through December 2017. The total penalty amount is $5,884.87 ($5,575,,00 civil penalty + $309.87
enforcement costs) and NC E)oT may, issue a single payment of the total petralt-
y. amount if the payinent
option is chosen. All permit limit and/or monitoring violations have now been addressed prior to the
facility's closure in February 2018.
Should you have any questions concerning this report, please do not hesitate to contact Mr. Bell
at. [phone], or via email at ryes bell acdenLF
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachments:
Notice of Violatioti/Civil Penalty Assessment Letters
CC'
WQS Mooresville Regional Of — Enforcement File
NPDES Compliance[Enforcernent, Unit — Enforcement File
State ol-North Carohna EmmmmenW Quahtv A titer Resources I Wala QwahlRegional Operations
Mooresvfl I C Reg] onal offia 1610 EmLC,�,mcr A SWtCr 3101 NhWNSVIlo, ,N'OrLh CarOWI 2M t5
7o4-(x)3-1699

Travis Chris: wn
NC DOT — Environmental Operations
PO Box 25(1
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 PDES WW permit No. NC0028606
NC DO-I'Division Il
1-77 Rest Area fredell County
Case No. LV-2018-0051,
Iredell County
Dear Mr. Chrisawn:
This letter transinits a Notice of Violation and assessment of civil penalty in the amount of $2,578.29 ($2,475,00 civil penaltY
- $103,29 enforcement costs) against NC DOI' Division 11.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by NC DO I' Division I I for the month of October 2017. This review has shown the subject facility to be
in violation of the discharge limitations arid/or monitoring requirements found in NPDES WW Permit No. NCO028606. The
violations, which occurred in October 2017, are surninarized in Attachment A to thisletter,
Based upon the above facts, I conclude as a natter of law that NC DOT'Division t I violated the terms, conditions or
requirements of NPDES WW Pe tat No, NC0028606 and &S, 143-215. 1 (a)(6) in the manner and extent shown in
Attach mentA. 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 ten-ns, conditions or require rnents of a permit required by G.S. 143-21 51(a).
Based upon the above findings of fact and conclusions of taw, and in accordance with autborit-y provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, W, Corey Basinger,
Regional Supervisor, Mooresville Regional Of hereby Fnake the following civil penalty assessment against NC DOT
Di vision I I -
State of North Carolina I Environmental Quality 1 Water Resources
610 East Center Avenue, Suite 301, Mooresville, N(.,' 28115

$690.90 4 of the 4 violations of 143-215 . I (a)(6) and Pen -nit No,NCO028606, by discharging waste water into
the waters of the State in violation of the Perrmt Daily Mum aximfor BOD - Cone,
5-M-90 2, of the 2 violations of 143-215. I(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,
$ 375,0(f
I of the 3 violations of 143-215, I(a)(6) and Permit No.NCO028606, by discharging waste water into
the waters of the State in violation of the Permit Daily Mixinium for TSS - Cone.
I ofthe -1, violations of 14 3-211S. I(a)(6) and Pennit No.NCO028606, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Cone.
I of the I violations of 143-2 1, 5 , I (a)(6) and Permit No,NC002 8606, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Cone,
I -
-1 of the I violations of 143-215, 1 (a)(6) and PerrnitNo.NC0028606, by discharging waste, water into
the waters of the State in violation of the Pe pit Monthiv Geometric Mean for FCOLI BR,
I -
TOTAL CIVIL PENALTY
Enforcement Costs
,rOTAL ANIOUNIT DUE
Pursuant to G S, 143 -211 5.6A(c), in detemiining the arnoura of the penalty I have taken into account the Findings of Fact and
Conclusions of` .a and the factors set firm h at C6, 14313-282-1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private propert,
resulting frorn 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 rectiArng the damage,
(5) The amount of money saved by noncompliance:
(6) \k"hether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or tailing to comply with prograrns 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 penaltry, 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
Payment ofthe penalty will not foreclose further enforcement action for any continuing or new violatiords),
Please subirnt payment to the attention of
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Vption 2: Submit a written request for remission or mitigation including a detailed justification for such
ol
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 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 143 1 -282, l(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 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 Commissions Committee on Civil Penalty
Remissions (Cornmittee) . 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 remisslon,
Remission Re(ra; st."
Both fortris should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative ffearings�
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 norinal off -tee 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 (tax) 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 NC GS § 15013-23.2) Isreceived in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission, You
should contact the Office of Administrative H_eatjMwLith all tio
msj�pgqrdin filing fie and/or the details of the
in & pr�ocle�,S.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows,
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel., [phone]
Fax: [phone]
Otte (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 t-ound 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 ofthe Mooresville Regional
Office at [phone] or via email at wes.belh.' ncdenr,gov,
Sincerely.,
W, Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
N`PDES Compliance/Enfoi-cement Unit- Enforcement File

JUSTIFICATION FOR REMISSION REQUES11
Case Number: LV-2018-0051 Counq: fredell
Assessed Party: NC DOT Division I I
P I
It
ermit No.: NCO028606 mount Assessed*
Please use this form when requesting remission of this civil penalty. You Must also complete the "Request For Remission,
li"aiver of Right to an Administrative Hearing, andSlip ulation (.�f Facts" fon-n to request remission of this civil jwnralty.
You should attach my documents that you believe support your request and are necessary, for the Director to consider in
evaluating your request for remission. Please be aNvare that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness cif 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. I (c), remission ofa, civil
penalty maybe granted only when one or more of the following five Eactorsapply. 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 tire civil penalty, assessment factors in'N'LC,G.S, 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessinentfirctors are listed in the civil penabi, assessment docutnenr);
(b) the violator proniptly abated continuing environmental darriage resulting from the violation (i.e,, explain the
steps that yau tract: to correct the violation and pre vent.future occurrences);
(c) the violation was inadvertent or a result of an accident (i, e- explain why the vioiatio,n was unavoidable or
something vtm could- not prevent or preparef6r);
(d) the *violator had not been assessed civil penalties for any previous violation,-,;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
howpcvment qfthe civil penalty vvill prevent y0-u,,/rotnpertbrrning the activities necessar�y to achieve
compliance.,).
EXPLANATION

I
STATE OF NOR,rii CA.R,(.),I.,fNA DEPAKI'MENTOF ENA"IRONMENTAL QUALITY
COUNTY OF IRTF)ELL
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
01' CIVIL P1,.,,,NAl,T1ES AGAINST ADMINISTRATIVE HEARINGAND
STIPULATIONOF FACTS
NC DOT Division 11
1-77 Rest Area Ire fell County
CASE O. LV-2018-0051
Having been assessed civil penalties totaling for violation(s) as set forth in the assessment docritnent of the
Division of Water Resources dated EebruaTy_Z&_2Q1$, 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 ail evidence presented in support of
remission of this civil penalty mnst be submitted to the Director of tire Division of Water Resources 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.
Fhis the — --- -- — ------ . . . ......... . -.day of 20
TELEPHONE,

ATTA H NT A
NC DOT Division 11
CASE 6 L -201 -005
PERMIT: NCO028606 REGION: Mooresville
FACILITY: 1-77 Rest Area lr d ll County COUNTY: Ir d !!

Violation
Report
Unit of
Limit
Calculated % over
Violation
Penalty
Date
MonthNr
Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
10/4/2017
10-2017
BOO, 5-Day (20 Deg,
Weekly
rngft
45
83
84.4
Daily
$150,00
C) - Concentration
Maximum
Exceeded
10/18/2017
10-2017
BCC, 5-Day (20 Deg.
Weekly
mg/I
45
60
313
Daily
$150,00
C) - Concentration
Maximum
Exceeded
10/2512017
10-2017
BOO, 5-Day (20 Deg.
Weekly
mg/l
45
53
17.8
Daily
$150,00
G) - Concentration
Maximum
Exceeded
1013112017
10-2017
BOO, 5-Day(2Oleg.
Weekly
mg/1
45
85
88.9
Daily
$150.00
C) - Concentration
Maximum
Exceeded
10/31/2017
10-2017
BOD, 5-Day (20 Deg:
Weekly
mg/I
30
64.2
114,0
Monthly
$375,00
C) - Concentration
Average
Exceeded
10/25t2017
10-2017
Coliform Fecal ME,
Weekly
#/1 00ml
400
5,800
1,350,0
Daily
$15&00
MFC Broth, 44.5 C
Maximum
Exceeded
10/31/2017
10-2017
Coliform, Fecal MF,
Weekly
#/100m1
400
7,300
1,725,0
Daily
$1%00
MFC Broth, 44.5 C
Maximum
Exceeded
101�31/2017
10-2017
Coliform, Fecal MF,
Weekly
#/I Oom1
200
482.87
1414
Monthly
$375.00
MFC Broth, 44;5 C
Geometric
Mean
Exceeded
10/4/2017
10-2017
Solids, Total
Weekly
mg/l
45
58
28.9
Daily
$150,00
Suspended-
Maximum
Concentration
Exceeded
10118/2017
10-2017
Sofidsjotal
Weekly
Mg/I
45
56
244
Daily
$150-00
Suspended-
Maximum
Concentration
Exceeded
10131/2017
10-2017
Solids, Total
Weekly
mg/l
45
62
37.8
Daily
$150,00
Suspended-
Maximum
Concentration
Exceeded
10/3112017
10-2017
Solids, Total
Weekly
mg/l
30
49
63.3
Monthly
$375,00
Suspended-
Average
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PE
Violator: NC DOT Division 11
Facility Name: 1- 2 RestArea Iredell Cqpn
Permit dumber: NCO028606
County: Ire ell
Case Number: LV-2018-00 1
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;
2 The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality, or can air quality;
...
The cost of rectifying the damage;
k
t'
) The amount of money saved by noncompliance(
6) 'Whether the violation was committed willfully or intentionally;
) 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 #: LVM O1 0044 — Fecal Coliform (daily) and `l"S (daily) violations (l ovenaber 2013),
NOV-2014-L -22 --- TSS (daily and monthly) and BOD (daily and monthly) violations„ quarterly TotalNitrogen and
Total Phosphorus monitoring violations (Match 014)
NOV- ltl-LM-11011 _ BOD violation (daily) and BOO and temperature monitoring violations (April 2014),
NOV- 015-LM-0 llh — Fecal Co ifo (daily) violation tion d Fecal Coliform monitoringviolation November 2014);
NOV-20-1,R-001 l Late DMR Reporting (November 2014);
Case 4: V-201 111h0 -- TSS (daily- and mound-) and BOD (daily) violations (May 014);
Case #, LV-201 016 — TSS (daily and monthly) and BOD (daily and monthly) violations (,tune 014);
Case #. LV-201 -01 0 — TSS (daily), BOD (daily), and pH violations (July 014);
Case ##: LV-201. -0176 — TSS (daily and monthly) and BOD (daily and monthly) violations (august 2014),
„
Case #< LV-20115-111 TSS (daily,:; and monthly;) and BOD (daily; and monthly) violations (September 014);

Case #: LV-2016-0008 -- BOD (daily and monthly) violations (August 2015);
NOV-201-5-LV-0768 - Fecal Colifonn (daily) violation (September 2015).-
Case #: LV-2016-0091 -TSS (daily and monthly) violations (December 201 5)-
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 4: LM-2016-0027 - BOD (daily) violation and quarterly Total Nitrogen and Total Phosphorus monitoring violations
(June 2016);
Case #: LV-20t6-0242 - 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);
Case LV-2017-0087 -BOD (daily and rnonthlv),'FSS (daily and nionthly), and Fecal Coliform (daily) violations
(November 2016).,
Case #: LV-2017-0154 -TSS (daily and monthly) violations (December 2016);
Case #: LV-2017-0165 - TSS (daily and monthly) and Fecal Colifonn (daily) violations (January 2017);
Case LV-2017-0242 - BOD (daily) and Fecal Colifin-ra (daily) violations fMarch 2017).
Case LV-2017-0264 -- TSS (daily) and Ammonia (daily) violations (April 2017).
Case LV-2017-0279 - BOD (daily and rnonthly),'FSS (daily and monthly), and Fecal Coliform (daily) violations
(May 2017).
Case #: LV-2018-0,001 - BOD (daily and monthly) and'I'SS (daily and monthly) violations (August 2017).
Case #: LV-2018-0025 - BOD (daily and monthly). TSS (daily and monthly), and Fecal Colifirm (daily) violations
(September 2017).
8) The cost to the State of the enforcement procedures.
Enforcement Cost:
1 hour staff time. ...... ...... ...... --$ 34.51
1 hour supervisor time.. .53.78
Administrative staff cost -......
Total Enforcement Cost $ 103.29
;wg�o-zw
Date
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of WaterResources, NCDEQ