NC0028606_Enforcement_20180228 (2)

Waterkesouives
Aprd 12, 2 1
Travis Chnsawn, Division Engineer Env Roadside
NC DOT Division I I
O Box 250
North Wilkesboro, NC 2 9 2 t1
Subject: Payment Acknowledgement
ivit Penalty Assessment
1-77 Rest Area Iredell County
County Iredell
Permit N2
Case No, IN-201 -t 2
Dear Mr. Chnsawn
This letter 1s to acknowledge receipt of Cbeck No. 3924085 in the amount of $1,403 29 rec
/29 201 . This payment satisfies, in full the civil assessment levied against the subject fa
closed. Payment of this penalty to noway precludes future action by this Division for adr
applicable statutes, regulations, or permits.
If you have any questions, please call Wren, Thedford at 919-807-6397
Sincerely,
O�a
Wren Thedford
Administrative Assistant
Water Quality, permitting Section
State of North Carohns� Environmeraal %ty I Water Rewmes
IDEma Cater Avenue, Some 301 � h V111 , NC 29 11
J 3-1 '
f
e
iv n f u dated
ihty and this case has been
tional violations of the

Water Resources
P avirttnmental Ou"ilita
CERTIFIED MAII, #7016 1370 0000 2595 7948
RETURN RECEIPT RFQUESTED
February 28, 201
R Y COOPER
LI'tiDA CULPEPPER
"rt,ea°im Director
Mr. Travis "hrisawrt
C l O17 — Environmental Operations
PO Box 250
North Wilkesboro North Carolina 9-0250
Subject: Notice ofViolations and Assessment of Civil Penalties
-77 Rest Area Iretlell County
Case Numbers- LV-201 -0 1, LV-201 -0052, I- -201 -005
Iredell County
Bear Mr. C hrisa n:
Enclosed are copies of the Notice of Violation and assessment of civil penalty letters issued to
NCT C3"T` fear the limit violations reported can the Discharge Monitoring Reports from October 2017
through December 2017. The total penalty amount i 5,884. x' ( y, : 5.00 civil penalty +- 31' _ 7
enforcement casts) and NC DOT may issue a single payment of the total penalty amount if the yment
option is chosen. All permit limitand/or monitoring violations have now been addressed pricer to the
facility's closure in February 201 &
Should you have any questions concerning this report, please do not hesitate to contact Mr, Bell
at (04) 35- 19 ,car via email at wesbell"r� r7e r�r ,
Sincerely',
,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NC D,E
Attachments,
Notice ofViclatiort,{`{;civil Penalty, Assessment Letters
CC" WC S Mooresville Regional Office -- Enforcement Fit
NPDES Cramplian ef°'T~. nforcernent Unit -_ Enforcement File
+rate of North twareahra � €.n- ar ?rimcntal Qudlar.� Water Resources � lx roar (xalit) Res-nonat operatiolls,
`ioore wi8tr^ ire.gionai otl-,, u 16 10 U''ZIA Ccriter ."1 emie. Sums 310 i, Moorcaval c, N`O(Lh Cavolma M 15
itl-t,rrr 3-169

Raycooplm
3&01A��&XEG "-
lqg�
J� I MA,
Return ltkeipj Rkqljg�kd
February 28, 20 18
Travis Chrisawn
NC DOT— Environmental Operations
PO Box 250
North Wilkesboro, NC 28659-0250
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. l(a)(6)
andN,PDES WW Permit No. NCO028606
NC DOT Division 11,
1-77 Rest Area Iredell County
Case'No. LV-2018-0052
Iredell County
Dear Mr. Chrisawn:
This letter transmits allotice of Violation and assessment of civil penalty in the amount of $1,403.29 ($1,300,00 civil penalty
+ $103.29 enforcement costs) against NC DOT Division I I ,
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by NC DOT Division I I for the month of November 2017. This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NCO028606,
The violations, which occurred in November 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of la-vo that NC DOT Division 11 violated the terms, conditions or
requirements of PDES WW Permit No. NCO028606 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 GS. 143-215. 1 (a).
Based upon the above findings offact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against NC DOT
Division 11:
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$40-0 -.QQ 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 Pen -nit Daily IN4aximum for BOD - Cone,
$200.00 1 of the .1 violations of 143-215. 1 (a)( ) and PermitNo."NC0028606, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for FCOLI BR.
I�ZQ �OO 0 1 of the It . violations of 143 -215 . I (a)(6) and Permit No.N C0028606, by discharging waste water into
the waters of the State in violation of the Perinit Daily Maximurn for TSS - Cone
$500.00 1 of the I violations of 143-215 . I (a)(6) and Pennit -INo,NCO028606, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Cone.
j1,39_Q&Q TOTAL CIVIL PENALTY
$_105 2Enforcement Costs
$1,403 29 TOTAL AMOUNT DUTE
pursuant to G,S. 143-215.6A(c), in determining the aniount 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 hami to the natural resources of the State, to the public health, or to private property
resulting front 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 reMato ny authority. and
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 directhy to the order of the Department of Environmental Quality (do not include vraiver
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
161.7 Mail Service Center
Raleigh, North Carolina 27699-1617

option 2: Submit a written request for remission or mitigation including a detailed justification for such
request,
please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(,$) 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 wily 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 t43B-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 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
will review your evidence and inform vou of his decision in the matter of
Director of the Division of Water Resources I
'It provide details regarding the case status, directions for paym
ent, and
your remission request, The response wt he Environmental Management Coninlission Is Committee on Civil penalty
provision far further appeal of the penalty to t
Remissions (Committee),, Please be advised that the Committee cannot consider ult-o , rulation that was not part of the
original remission request considered by tile Director, Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
Rem iss ion Rgqqg,_sC_'
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

La�
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 forni 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 riorrnal 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 is filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the
Office, of Administrative Hearings within seven (7) business days following the taxed or electronic transmission, " Yo - U
0 i tj filitig tt�eAnd/'qr tie
sh ld contact the .-ffice-AA� m1i1—Aqtrqtive,-FIearin S with all lions d ilia
9 — ------ et��.,---regar mg etaili of the
fi 1,
The mailing address and telephone, and fax numbers for the Office, of.Administrative Hearings are as fbnows:
6714 Ivlail Service Center
Raleigh, NC 27699 6714
Tel- [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEC. as follows:
Mr, William V Lane, General Counsel
Department of Envirc)nmental Quality
1601 Mail Service Center
Raleigh, North Carolina 277699-1601
Please indicate the case munber (as found on page one of this letter) on the petition.
FailUrt-, 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 Atforney General's Office for
collection of the penalty through as 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 War r Resources staff of the Mooresville Regional
Office at [phone] or via email at wes.beJl,,&,ncdenr,gov.
W, Corey Basinger, Regkmal Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
der AC RNIENTS
WQS Mooresville Regional Office - Enforcement File
NPDFS Compliance/Enforeernent U'nh: - Ftiforcernent F'ile

FJUSTIFICATION FOR RENMUSSION, REQU—EST
Case Number: LV-2018-0052 County- tredell
Assessed Party: NC DOT Division I I Amount Assessed: $L,4QL9
PerruitN,o.: NCO028606
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
lf'aiver of Right to an Administrative Hearing, and Stipulation of Facts' forin to request remission of this civil penalty,
You should attack 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 assesser. 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 maybe granted only when one or more of tile following five factors apply. Please check cacti 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 assessnientfi7ctors are listed sted in the civil penalty assessment doc umen);
(b) the violator Promptly abated continuing environmental damage resulting frog i the violation (Le,, explain the
steps that you took to correct the violation and preventfizilure occurrence-,),'
(c) the violation was inadvertent or a result of an accident (i,e,, explain wity the violation was unavoidable or
wale thingyou could not prevent ter preltare.,tor)"
(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
hou, pqyrnent of the civil penalty will prevent yolu,from pe�forinmg the activities necessarih., achieve
compliance),

s,rA'TE OF NOKFF[ CAROIANA DEPARTME1,\TTOF ENVIRONMENTAL QUALITY
COUTNTY OF fREDELL
I'N'THEMATTE'R OF ASSESSMENT fWAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAf.NST NDMINISTRA7,11VE HEAR.'ING AND
STWULATION OF FACTS
NC DOT Division 11
1-77 Rest Area Iredell County
PERMIT NO. NC0028606 CASE INO. LV-2018-0052
Flavinbeen assessed civil penalties totaling $1,AQ3 as Lime ,2Z r violation(s) as set forth in the sessment doe nt of the
� to
Division of Water Resources dated Eebrjlary , 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 penalt), must be submitted to the Director of the 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.
This the day of
20
SIGNA-FUIRE
ADDRE SS

ATTACHMENT A
NC DOT Division 11
CASE LV-201 - 0 a
PERMIT:
NCO028606
REGION:
Mooresville
FACILITY:
I-77 Rest
Area Iredell County
COUNTY:
Iredell
LIMIT VIOLATION(S)
_SAMPLE LOCATION:
Outfall 001 - Effluent
Violation
Report
Unit of Limit Calculated
%fiver
'Violation
Penalty
Date
onth/Yr
Parameter
Frequency Measure Value
Value Limit
Type
Amount
11/7/2017
11-2017
E , 5_L y (2O l eg,,
Weekly mg/1 45
110 144A
Daily
$200.00
- Concentration
Maximum
Exceeded
11/21/2017
11-2017
BOD, 5-Day (20 Deg.
Weekly mg/I 45
33 84A
Gaily
$200,0 7
w Concentration
Maximum
Exceeded
11/30/2017
11-2017
BOD, 5-1 ay (2C1 Deg.
Weekly rig/l 30
55.08 83.6
Monthly
$500.00
. Concentration
Average
Exceeded
111211201
11-2 17
Coliform, Fecal MF,
Weekly /100ml 400
16,000 3,900,0
Daily
$200,0
MFC Broth, 44.5 C
Maximum
Exceeded
11/7/2017
11-2017
Salads, Total
Weekly mg/l 45
61 35.6
Gaily
$200 g
Suspended-
Maximum
Concentration
Exceeded

Violator. NC DOT Division 11
Facitio- Name: 1-77 Rest Area Iredell County
Permit Number: NCO028606
Count; Iredell
Case Number: LV-2018-0052
'Y ASSESSMENT
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;
Xa-
2) The duration and gravity of the violation;
'er
3) The effect on ground or surface water quantity or quality or on air quality;
�4
7
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
NOV-2014-LM-0022 - "I'SS (daily and monthly) and BOD (daily and monthly) violations, quarterly Total Nitrogen and
Total Phosphorus monitoring violations (larch 2014);
NOV-2015-LM-0011 - BOD violation (daily) and BOD and temperature monitoring violations (April 2014)l-
NOV-201,5-LM-0010 - Fecal Coliform (daily) violation and Fecal Coliform monitoring violation (N.November-20 14);
NOV-2015-t,R-001 I - Late DMR Reporting (November 2014).
Case #: LV-2015-0160 --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 pUl violations (July 2014);

Case #: LV-201-5-0176 — TSS (daily and monthly) and BOD (daily and monthly) violations (August 2014);
Case LV-2015-0178 — TSS (daily and monthly) and BOD (daily and monthly) violations (September 2014);
Case LV-2016-0008 —BOD (daily and monthly) violations (August 2015);
NOV-2015-LV-0768 — Fecal Coliform (daily) violation (September 2015);
Case #: LV-2016-0091 — TSS (daily arid monthly) violations (December 2015).,
NOV-2016-LV-0307 — TSS (daily) violation (January. 2016):
Case #-. LV-2016-0205 - -['SS (daily), BOD (daily and monthly), and Fecal Col form (daily) violations (May 2016);
base #: LM-2016-0027 — BOD (daily) violation and quarterly Total Nitrogen and Total Phosphorus monitoring violations
(June 2016);
Case 4: LV-2016-0242 -- BOD (daily and monthly) violations (July 2016),
NOV-2016-LV-0650 — Fecal Coliform (daily) violation (August 2016)3
Case #: LV-2017-0053 — BOD (daily and monthly) violations (September 2016),
Case #: LV-2017-0087 — BOD (daily and monthly), SS (daily and monthly), and Fecal Coliform (daily) violations
(November 2016),
Case #: LV-2017-0154 —TSS (daily and monthly) violations (December 2016):
Case #: LV-2017-0165 —TSS (daily and monthly) and Fecal Coliform (daily) violations (January 2017);
Case #: LV-2017-0242 — BOD (daily) and Fecal Coliform (daily) violations (March 2017)-,
Case 4: LV-2017-0264 -- TSS (daily) and Ammonia (daily) violations (April 2017),
Case #: LV-2017-0279 — BOD (daily and monthly), TSS (daily and monthly), and Fecal Coliform (daily) violations
(May 2017);
Case #: LV-2018-0001 — BOD (daily and monthly) andTSS (daily and monthly) violations (August 2017).
Case #: LV-2018-0025 — BOD (daily and monthly), TSS (daily and monthly), and Fecal Coliform (daily) violations
(September 2017);
Cast #. LV-2018-0051 - BOD (daily and inonthly)jSS (daily arid monthly), and Fecal Coliforni (daily and monthly)
violations (October 2017),
8) The cost to the State of the enforcement procedures.
Enforcement Cost'.
I hour staff time...... ...... -- ......... 34.51
1 hour supervisor time ,.......... 5338
Administrative staff ........ $15-00
Total Enforcement Cost $ 103.29
�zd � Z4 11.6
Date
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ