NC0086428_Settlement 2012_20120830

•
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STATE OF NORTH CAROLINA •. IN THE =OFFICE OF
ADMXNTSSTTRI NE BEARINGS
COUNTY OF MCDOWELL c G v 1 IMO•;:?at 1r,�n r::sr r...ahyx::7,710.tUr,F.,,,�.
IT and K Enterprise, p44 AUG 3 0)2012 :&�� C! IIVl )
Petitioners ) �'
V• WATER ouAu-r4 SECTION AUG 2 3 2012 I I....
+p,•. Acu?VIL.E R r AL CFFICE ,..�
NCDENR .
Respondents? .., v�;n;,;,,w..,,.w,::,,:r rJ..:...nc W,_.:. sa.• 'P.i WATER QUALITY SECTION
ASHEVILLE REG ONAL OFFICE
CONSENT AGREEMENT AND SETTLEMENT
The petitioner, IT and K Enterprise, Inc. , and the respondent,
North Carolina Department of Environment and Natural Resources
("DENR") , Division of Water Quality ("DWQ") , hereby enter into this
Consent Agreement and Settlement ("Agreement") in order to resolve
matters in controversy between them pursuant to N.C.G.S. § 150B-
31(b) .
50B-31(b) .
The above-captioned contested case arose out of five separate
assessments of civil penalties and enforcement costs made by the
DWQ against the petitioner, IT and K Enterprise, Inc. . The
assessments can be summarized as follows:
•
•
A. LM-2011+-0031
- Assessment made on 31 October 2011 in DWQ
enforcement case # LM-2011-0031 in the total amount of
$4,159 for violations of the discharge limitations
established in petitioner's permit, NPDES 0086428 ("the
permit") , occurring during the month of January 2011.
•
The assessment represents a civil penalty in the amount
of $3,985 and enforcement costs in the amount of $174.

B. MV-2011-0039
Assessment made on 3 November 2011 in DWQ
enforcement case # MV-2011-0039 in the total amount of
$4,504 for violations of the monitoring conditions of the
permit, occurring during the month of November 2011 as
shown on the petitioner's monitoring report for that
month. The assessment represents a civil penalty in the
amount of $4,330 and enforcement costs in the amount of
$174.
C. MV-2011-0040
Assessment made on 3 November 2011 in DWQ
enforcement case # MV-2011-0040 in the total amount of
$5,649 for violations of the monitoring requirements of
the permit, occurring during the month of December 2010
as shown on the petitioner's monitoring report for that
month. The assessment represents a civil penalty in the
amount of $5,475 and enforcement costs in the amount of
$174.
D. LV-2011-0284
Assessment made on 8 November 2011 in DWQ
enforcement case # LV-2011-0284 in the total amount of
$829.50 for violations of the discharge limitations
established in the permit, occurring during the month of
April 2011 as shown on the petitioner's monitoring report
for that month. The assessment represents a civil
penalty in the amount of $687.50 and enforcement costs in
the amount of $142.
E. LV-2011-0303
Assessment made on 21 November 2011 in DWQ
enforcement case # LV-2011-0303 in the total amount of
$517.00 for violations of the discharge limitations
established in the permit, occurring during the month of
June 2011 as shown on the petitioner's monitoring report
for that month. The assessment represents a civil
penalty in the amount of $375 and enforcement costs in
the amount of $142.
-2-

In addition to the five assessments at issue in the contested case,
additional assessments have been made against IT and K Enterprise,
Inc. and remain unpaid. These assessments are:J F. -2010-0013 C�7C� OSe ���fia)�
Assess t made on 23 March 2010 in DWQ enforcement
case # 2010-0013 in the total amount of $473.25 for ?.'
violations of the discharge limitations established in
the permit. The assessment represents a civil penalty in
the amount of $406.25 and enforcement costs in the amount ro
of $67.
G. MV-2010-0003
Assessment made on 29 March 2010 in DWQ enforcement ..
case # MV-2010-0013 in the total amount of $3223 for
violations of the monitoring and reporting conditions
established in the permit. The assessment represents a
civil penalty in the amount of $3100 and enforcement
costs in the amount of $123.
G. MV-2010-0005
Assessment made on 31 March 2010 in DWQ enforcement ��
case # MV-2010-0005 in the total .amount of $3998 for
violations of the monitoring and reporting conditions
established in the permit. The assessment represents a
civil penalty in the amount of $3875 and enforcement
costs in the amount of $123.
H. LR-2011-0003 �\
1
Assessment made on 24 February 2011 in DWQ
enforcement case # LR-2011-0003 in the total amount of
$600 for violations of the discharge limitations
established in the permit. The assessment represents a cs
civil penalty in the amount of $500 and enforcement costs
in the amount of $100.
.. ...
-3-

I. LR-2011-0009
Assessment made on 25 August 2011 in DWQ enforcement
case # LR-2011-0009 in the total amount of $600 for
violations of the discharge limitations established in
the permit. The assessment represents a civil penalty in
the amount of $500 and enforcement costs in the amount of
$100.
The outstanding penalties total $23,233.75, and outstanding
enforcement costs total $1,319.
In addition to the assessments described above, petitioner has
violated certain of the discharge limits set forth in its permit
during the months of July 2011, (violations of Nitrogen and Solids
limits) , August 2011 (violations of Nitrogen and Solids limits) , and
October 2011 (violation of Nitrogen limits) . As of this date, no
assessments have been made for these violations.
A mediated settlement conference was conducted on 26 March
2012, Administrative Law Judge Joe L. Webster serving as mediator.
An impasse was declared at that time. The parties met again on 18
May 2012 to resume settlement discussions. This Agreement resulted
from that conference.
Without any trial of fact or law in the above-styled matter,
THE PARTIES AGREE THAT:
1. The petitioner shall pay to the respondent the total sum
of five thousand dollars ($5,000) , representing penalties in the
amount of three thousand six hundred and eighty-one ($3,681) dollars
-4-

and respondent's enforcement costs in the amount of one thousand
three hundred and nineteen ($1,319) dollars.
Payment shall be made in twelve consecutive monthly
installments, each payment shall be made in the form of a check made
payable to the North Carolina Department of Environment and Natural
Resources or "DENR," and shall be forwarded to the following
address:
Ms. Carolyn Rudnell
Environmental Division
NC Department of Justice
PO Box 629
Raleigh NC 27602-0629. -
The first eleven installment payments shall each be in the amount
of four hundred sixteen dollars and sixty-six cents ($416.66) , with
the twelfth and final payment being in the amount of four hundred
sixteen dollars and seventy-four cents ($416.74) . The first payment
shall be made no later than 1 September 2012, with each following
payment due on the first day of each month thereafter until the
agreed-upon amount has been paid in full.
2. The respondent agrees that, so long as petitioner complies
with the terms of paragraph one (1) , above, it will not make
additional assessments of civil penalties and costs for those
violations of petitioner' s discharge limits occurring in July,
August, and October, 2011.
-5-
,

3. Upon a breach of any condition of paragraphs one (1) ,
above, the petitioner shall owe to the respondent the original
amounts of the civil penalty assessments and enforcement costs
described above, being in total twenty-four thousand five hundred
fifty-two dollars and seventy-five cents ($24,552.75) , less any
payments made pursuant to this Agreement.
4. Petitioner hereby stipulates and acknowledges that, by
entering into this Agreement, it waives any and all defenses to the
underlying assessments of civil penalties and enforcement costs and .
that, upon a breach of this Agreement by the petitioner, the sole
issue in any action by the respondent to collect said penalties in
their original amount in accordance with the terms of paragraph
three (3) above, shall be whether petitioner has, or has not
complied with the terms' of this Agreement.
4. Petitioner explicitly waives its right to a contested case
hearing in this matter. Within ten (10) days following full
execution of this Agreement, petitioner shall withdraw its request
for contested case hearing previously filed with the Office of
Administrative Hearings in the above-captioned matter.
5. Respondent agrees to accept the sum of five thousand
dollars ($5,000) in full satisfaction of the assessments described
above, including those at issue in this contested case, subject to
the terms of this Agreement.
-6-

. . .
6. Nothing in this Agreement shall restrict any right of the
respondent to take any enforcement action at any time against the
petitioner for any violations existing after the date of this
Agreement or for additional violations occurring at the subject
site. Further, in the event the petitioner breaches paragraph
number one (1) , above, respondent shall have the right to make
additional assessments of penalties and costs for those violations
occurring in July, August, and October, 2011.
FOR THE PETITIONER: FOR THE RESPONDENT:
IT and K Ent rprise, Inc. ROY COOPER
Pro Se Attorney General
Susanna P. Sumpter
W-.)-3//c)
Assistant Attorney General
Date: N.C. Department of Justice
42 N. French Broad Avenue
Asheville NC 28802
Date: Ag /, tcs,ip-wq".0l:)—
DIVISION OF WATER QUALITY
dAV(//
Chuck nford
Regions QSu rvisor
Date: 0
-7-

ENVIRONMENTAL
Inc.-.,...�.,.._..� �.
Mailing: Po Box 954,Cullowhee, NC 28723
Physical Address: 50 West Sylva Shopping Area, Sylva, NC 28779 [phone]
Physical Address: 240-D Swannanoa River Road,Asheville,NC 28805(828)350-8704
Toll Free: [phone], Fax: [phone],Email: environmentalinc at aol.com
Subject: November 14, 2011
I T& K Enterprises
Marion Travel Center
3365 Sugar Hill Road
Marion,NC 28752
NPDES Permit NC0086428
McDowell County
To Whom It May Concern:
Environmental,Inc. was hired by Mr. lk Soo Kim, Owner of Marion Travel Center to
operate the wastewater treatment facility. Operations began on January 27,2011.
Environmental, lnc. has been paid for services rendered in a timely manner. Marion
Travel Center's permittees' are forthcoming in making necessary improvements and
maintenance to the wastewater treatment facility.
Mr. 1k Soo Kim, and his son Tommy Kim have been pro-active in working with
Environmental, Inc.to see that repairs and improvements are made to the wastewater
treatment facility. Items noted in the Wastewater Evaluation Inspection on April 19,
2011, by Don Price and Janet Cantwell of the Asheville Regional Office were responded
to in a timely manner.
Environmental,Inc. will continue to work with Marion Travel Center, in the operations
and maintenance of the wastewater treatment facility.
Sincerely,
Mark Teague
Ov'ner, Environmental,Inc.

PyVASE PRINT CLEARLY OR TYPE e6gd(
STATE OF Norm'CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF(I)_MCDOWELL COUNTY,MARION
NC
(2) IK KIM ) ReC E"tgkY
rr
MARION TRAVEL('LAZA INC
ptCfc SH
Dov ti
(your name) PETITIONER, ) Mf1'' •
gyp NA��` PETITION
v. ) FOR A
CONTESTED CASE HEARING
(3) NCDENR )
)
RESPONDENT. )
(The State agency.or board about which you are complaining) )
I hereby ask for a contested case hearing as provided for by North Carolina General Statute§ 1508-23 because the Respondent has:
(Briefly state facts showing how you believe you have been harmed by the State agency or board.)
WE HAVE BEEN FINED BY THE NCDENR FOR pending for NOV 2010 4,504.00 MV-2011-0039,DEC 2010 5649.00 MV-2011-0040,JAN
2011 4,159 LM-2011-0031, APRIL 2011 687.50 LV-2011-0284,ANI)JUNE 2011 517.00 LV-2011-0303 DOLLARS.This is a total of 15,516.50.
The reason for the first three of the fine is that our subcontractor to the plant walked out on us without notice.Kace environmental inc.who was our
previous subcontractor for the plant,treated the site during the months of Nov 2010,Dec 2010,and Jan 2011,however,failed to turn in the test
results.Soon as we received notice of this delinquent act,we immediately hired a new subcontractor by the name of Environmental Inc on January
21,2011 to prevent future problems.We have also worked with the city government in trying to find alternative ways to connect to the city water and
sewer lines with no avail because of cost.We have been fined previously by NCDcnr in the amount of over 25,000 paid,and I feel strongly that the
amount of fines that we have paid to NCdenr in the past could have been used to pay for the project of connecting to the city sewer and water lines.
We have approximately 25 employees,and a fine like this can dramatically have a negative impact on our business.In no way are we acting against
NCDenr and trying to comply in any way possible,however,we need assistance with the amount of fines incurred against us.
(4)Amount in controversy$ 15.516.30 (if applicable)
(If more space is needed,attach additional pages.)
(5)Because of these facts,the State agency or board has: (check at least one from each column)
deprived me of property; exceeded its authority or jurisdiction:
ordered me to pay a fine or civil penalty;or acted erroneously;
otherwise substantially prejudiced my rights; AND failed to use proper procedure;
acted arbitrarily or capriciously;or
failed to act as required by law or rule.
(6)Date: 1125/11 (7)Your phone number:(828 )738-8700
(8)Print your full address:
(street address/p.o.box) (city) (state) (zip)
(9)Print your name:Ik Kim 3365 Sugar I I Rd.Marion, ►C 28752
(I 0)Your signature: 1/21 �.� ..
You must mail or deliver a COPY of this Petition to the State agency or board named on line(3)of this form. You should contact the agency or
board to determine the name of the person to be served.
1-1-06(05/10)

CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
(II) Mary Penny Thompson General Counsel NCdenr (12)
(name of person served) (State agency or board listed on line 3)
(13) 1601 Mail Service Center Raleigh,NC 27699
(street address/p.o.box) (city) (state) (rap code)
(14)This the 25 day of • November ,20_11 .
15
( ) t�f
your signature)
When you have completed this form,you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative hearings,6714
Mail Service Center,Raleigh,NC 27699-6714.
11-06(05/10)

•�,.•.� r
AT7A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 21, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 7922
Mr. Ik Soo Kim, Owner
I T & K Enterprises
3365 Sugar Hill Road
Marion,North Carolina 28752
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 NC0086428
I T & K Enterprises
Marion Travel Plaza WWTP
Case No. LV-2011-0303
McDowell County
Dear Mr. Kim:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$517.00
($375.00 civil penalty+ $142.00 enforcement costs) against I T& K Enterprises.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by I T&K Enterprises for the month of June 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086428. The violations which occurred in
June 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that I T& K Enterprises violated the
terms, conditions or requirements of NPDES Permit NC0086428 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against I
T& K Enterprises:
One
NhCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE L-4
Location:2090 U.S. Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterqualitv.orq

1 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No. •
$375.00 NC0086428,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for N113-N-Conc.
$375.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$517.00 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:

i+
(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
OR
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 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 §150B-23.2) is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. 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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
/
Chuck . ord, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
Environmental Inc./ORC w/attachments
S:\.SWl'\Mcf owell Wastewater\Minors\Marton Tra\el Placa 86-1284.V-20I1-0303.doc

• r
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0303 County: McDowell
Assessed Party: I T&K Enterprises/ Marion Travel Plaza
Permit No.: NC0086428 Amount Assessed: $517.00
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 (Le., 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 MCDOWELL
IN THE MAIThR OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
) STIPULATION OF FACTS
I T& K ENTERPRISES / MARION TRAVEL )
PLAZA )
PERMIT NO. NC0086428 ) FILE NO. LV-2011-0303
Having been assessed civil penalties totaling$517.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 21,2011,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
%
I T&K Enterprises
CASE NUMBER:LV-2011-0303
PERMIT: NC0086428 FACILITY: Marion Travel Plaza WWTP COUNTY: McDowell REGION: Asheville
Limit Violations
MONITORING OUTFALU VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$375.00 6-2011 001 Effluent NH3-N-Conc 06/30/11 Weekly mgf 5.1 11.26 120.78 Monthly Average Exceeded

I NPDES NO: NC 0086428 DISCHARGE NO: 001 V MONTH: June YEAR: 2011
FACILITY NAME: Marion Travel Plaza WI/1/TP CLAss:. II COUNTY: McDowell
I
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1 PERSON(S)COLLECTING SAMPLES:. stavid H .F,;;-+,c- :'`•`v" '# o- NEi 828-586-5588
CHECK BOX IF ORC HAS CHANGED: `a'yr �, t 1` •• /DISCHARGE FROM SITE•
MAIL ORIGINAL AND ONE COPY TO: 1." \\• �f� •
ATTN:CENTRAL FILES
iDivision of Water Quality
1617 Mail Service Center • 6� 1"`^'l C2� /SC !A 7/PkLIi' r t c
i Raleigh,NC 27699.1617 11 k r RE OF OPERAT.• 'i•.•@5 :LEC, ••G14. a7A* p •r•'' l
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HRS MIN MGD °C S.U. UGJL MG/L MG/L MG/L #100ML MG/L MG/L MG/L MG/L MG/L MG/L MG/L
i.:.. 0 20 5 :294- _• 14: jx ''- 9:;r.°'ik2 - 96 . ,` r.•r.. --`:5: -
220915 20 0.00}144 2+44.y0 7.5 <10 2.5
‘-- `
•1 y[ 'i.- ....011L :0-SCLIS }*4is7*t g' , - , .ai ' - -'-‘-_,,,p,& -
4 0.0012
S
W
6 0920 20 0.0012 25.0
III 1 L'� i l0ef; '1' •
' Y/1-S 5.= m � 1-• _ C _•.-, �.
095020 20 0 021 26.0 18.0 < 5 D 0.78
9 ::1410`' "-20 I '$1 : •d._' '. '''7:4 <10 11 2.
10 1200 45 B 0.0023 26.0 <10
12 0.0012
13 1254'A'-:Bi 12 ' _v,p 4 i/..
14 1545 20 Y 0.0012 26.0
15 091.17,-400 `.Y- 0#01f y "e:."•t7 37.0: 101
16 1605 20 Y 0.0013 27.0 <10
v_
17 005t�. �a �s11'�+'�k,0.�b'c; :'I a '� t0 ..-aTa`.atio,.;+a,:i.V,,s9 t '�i �:•; -
8 0.0013
19 e e «` ' - , o:Q0'1 '-%,,ftt '"}` i'.
20 1005 20 Y 0.0013 24.0
21 1440 30 Y 091 ., ,. `t;
22 0940 20 Y 0.0002 25.0 18-4 13.7 41.0 < 4 < 5.0 0 0145
23 1335 ' 20• isfl, ilk 2 -'• 4Q� -
24 0820 20 Y 0.0008 25.0 <10
25
26 0.0017
27. 0915 ' 20 Y ':', /.00.0.33zS "Ifs. r r
2B 1430 55 Y 0.0027 27.0
29 0946 x.20 . Y 1 26.0 11.2,' : 6.7 17.0 10 1 1 "50 0.i9:,
30 1605 20 Y 0 0018 27 0 <10
31 a -,,�-tea" 'ME ... :. _ .K ... . ��, s a 11 s'Fii `,c'a:
AVERAGE: 0.0015 25 8 <10 22 720 9 20 4 29 5 0 0 37
Vr1* Alb'. } r :. <.10 37.0.- 399 41 0. 228 39 .5,4 . 0:78
MINIMUM: 0.0002 24.0 7.4 <10 < 11.2 3 9 12.2 4 22 50 0.01
Comp (Cl vr.vsta4i(G)'- G
• G l G. G G 0. G
Monthly Limit .010 6,-9. 30 30 200
/D A•Form R-1(Revised 11/04) ...011/011WIAI�.I

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
The permittee shall report to the Director the appropriate Regional Office any noncompliance that potentially threatens public
health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware
of the circumstances.A written submission shall also be provided within 5 days of the time the permittee becomes aware of the
circumstances.
If the facility is noncompliant, please comment on corrective actions being 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."
Ik Soo Kim
Permittee Please ppri��nt o��r type)
a.Xlfr
Signature of Permittee** Date
3365 Sugar Hill Rd(NCSR 1001)Marion 12/31/2014
Permittee Address Phone Number e-mail address Permit Exp. Date
PARAMETER CODES
00010 Temperature 00556 Oil&Grease 00951 Total Flouride 01067 Nickel 50060 Total
00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual
00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine
00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadium 01105 Aluminum
Nitrogen
00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiun 01147 Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury
00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene
00530 Total Susppendec 00927 Total Magnesium 38260 MBAS
Residue 00929 Total Sodium 01045 Iron 39516 PCBs
00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at(919)733-5083,or by visiting
the Surface Water Protection Sections's web site at h2o.enr.state.nc.us/wqs and linking to the units information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site Check this box if no discharge occurs,and as result,there are no data to be entered for all of the
parameters on the DMR for the entire monitoring period.
**ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8AG 0204.
***If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 26.0506(b)(2) (D).

Cre4opeo../tr)
/18/11
2 .
- Owner. I T&K Enterprises
CLM-2011-0008 7-2010 02/24/11 $468.75 $67.00 07/07/11 $535.75 No
CLR-2011-0003 12-2010 02/24/11 $500 $100.00 07/07/11 $600.00 No
CLR-2011-0009 11-2010 08/25/11 $500 $100.00 $600.00 No
CLM-2011-0031 1-2011 $3,985 $174.00 $4,159.00 No
CLV-2011-0284 4-2011 $687.5 $142.00 $829.50 No
( MV-2011-0039 11-2010 $4,330 $174.00 $4,504.00 No
(MV-2011-0040 12-2010 $5,475 $174.00 $5,649.00 No
Total Cases: 24 Total Penalty Amount: $31,177.5 Total Enforcement Cost: $2,465.97 Sum of Total Paid: $6,156.97 Total Balance Due: $24,571.50
Sum of Total Case Penalties: $33,643.47 Total Penalties after remisslon(s): $30,728.47

Permit Enforcement History Details by Owner
11/18/11
1
Owner. I T&K Enterprises
Facility: Marion Travel Plaza WWTP
Permit: NC0086428
Region: Asheville County: McDowell
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid DUe Pin Closed
LV-1999-0487 11/19/99 $1,000 $43.20 12/08/99 04/05/00 $.00 09/14/00 $.00 $1,043.20 $.00 No 10/09/00
LV-1999-0580 12/17/99 $1,000 $43.20 $1,043.20 $.00 No 08/24/00
LV-2003-0081 11-2002 02/11/03 $1,250 $100.00 02/28/03 04/02/03 $1,250.00 $100.00 $.00 No 06/25/03
LV-2005-0092 10-2004 07/20/05 $250 $100.00 $350.00 $.00 No 08/04/05
LV-2005-0296 1-2005 08/29/05 $250 $100,00 $350.00 $.00 No 09/28/05
LV-2005-0299 2-2005 08/29/05 $250 $100.00 $350.00 $.00 No 09/28/05
LV-2005-0301 6-2005 08/30/05 $250 $100.00 $350.00 $.00 No 0928/05
LV-2007-0270 1-2007 07/10/07 $450 $208.57 08/20/07 $450.00 $208.57 $.00 No 04/08/08
LV-2009-0110 10-2008 04/07/09 $1,150 $65.00 $.00 05/12/11 $.00 $.00 No 06/13/11
LM-2009-0023 2-2009 05/04/09 $450 $65.00 11/12/09 $515.00 $.00 No 01/21/10
LM-2009-0027 3-2009 05/13/09 $450 $65.00 06/11/09 05/12/11 $.00 05/12/11 $.00 09/14/11 $515.00 $.00 No 09/22/11
'LV-2009-0233 4-2009 07/22/09 $500 $65.00 11/12/09 $565.00 $.00 No 01/21/10
LR-2009-0012 9-2009 12/01/09 $500 $100.00 $.00 $600.00 $.00 No 01/20/10
LM-2010-0013 10-2009 03/23/10 $406.25 $67.00 08/09/10 $473.25 No
MV-2010-0003 8-2009 03/29/10 $3,100 $123.00 08/09/10 $3,223.00 No
MV-2010-0005 9-2009 03/31/10 $3,875 $123.00 08/09/10 $3,998.00 No
CM-2010-0047 6-2010 11/18/10 $100 $67.00 $167.00 $.00 No 06/24/11
•
K
• 0 j

d
Manuel, Vanessa
From: Clark, Bonisha [[e-mail]]
Sent: Wednesday, January 02, 2013 2:36 PM
To: Sumpter, Sueanna
Cc: Manuel, Vanessa
Subject: RE: IT& K Enterprise Inc. MV 10-0003 & 10-0005
gCdo 8 414(z t
Thanks.
From: Sumpter, Sueanna
Sent: Wednesday, January 02, 2013 2:15 PM
To: Clark, Bonisha
Cc: Manuel, Vanessa
Subject: RE: IT& K Enterprise Inc. MV 10-0003 & 10-0005
Hi Bonisha,
Yes, the agreement was executed. A copy is in infoshare, along with a demand letter sent recently to the
petitioner for payment of the agreed-upon amount. Let me know if you have any other questions.
Sueanna
Sueanna P. Sumpter
North Carolina Department of Justice-,
Attorney General's Western Office
42 N French Broad Avenue
Asheville,NC 28801
Assistant Attorney General
`rc Phone: [828] 251-6083
Fax [828] 251-6338 '.!
wossumptiincdoj,gav
qtr.
From: Clark, Bonisha
Sent: Wednesday, January 02, 2013 2:05 PM
To: Sumpter, Sueanna
Cc: Manuel, Vanessa
Subject: IT&K Enterprise Inc. MV 10-0003 & 10-0005
Months ago,our office was notified that the penalties listed above would be included in a settlement
agreement that you were handling. Was the settlement agreement ever fully executed?
Bonisha R. Clark
NC Certified Paralegal
NC Dept. of Justice
Attorney General's Office
9001 Mail Service Center
Raleigh, NC 27699-9001
(p)919-716-6970
(f)919-716-6766
1

Airr
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue,Governor Dec Freeman,Secretary
Rod Davis,Controller
January 24,2012
Ik Soo Kim
I T&K Enterprises
Marion Travel Plaza WWTP
3365 Sugar Hill Rd
Marion,NC 28752
Subject: Unpaid Civil Penalties-NC0086428
Case ID: LR-2011-0009=$600.00
McDowell County
Dear Mr.Kim,
The civil penalty assessed against Marion Travel Plaza WWTP on August 25,2011,by the
North Carolina Department of Environment and Natural Resources;Division of Water Quality,
NPDES Section has now been referred to my office for collections. The penalty became due and
owing on October 6,2011,in the current amount of Six Hundred Dollars($600.00),which includes •
investigative costs of$100.00. As of the date of this letter,no payment has been received.
In order to resolve this matter,the penalty must be paid. Payment should be made by check or
money order made payable to the North Carolina Department of Environment and Natural Resources
or"NCDENR"and sent to my attention at the address below. Failure to submit full payment of the
penalty within thirty(30)days of receipt of this letter will result in interest being charged from the date
the penalty became due and owing,and may result in the matter being referred to the North Carolina
Attorney General's Office for further action.
Should you have questions or believe you have received this letter in error,please contact me
at(919)707-8584,or via e-mail at [e-mail]. Your prompt attention to this matter is •
appreciated.
r,r '
Business Officer-Collections Unit
cc:Vanessa Manuel
File
N.C.Department of Environment ruid Natural Resources
Office of the Controller-Collections Unit
1606 Mail Service Center
Raleigh,NC 27699-1606
Phone/Fax:[phone] Email: [e-mail] One
NorthCarolina
An Equal l t ppahuun/Affirmative Action Employer Naturally

IttO
A•
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves l'ercluc,Governor Dee Freeman,Secretary
Rod Davis,Controller
October 20,201 1
lksoo Kim
I T&K Enterprises
3365 Sugar Hill Rd
Marion,NC 28752
Subject: Unpaid Civil Penalties(2 total penalties) d /(-2-2 4V/
Case ID#LM-201 1-0008=$550.87 —tee 1
R- )1 1-0003=$616.8
TOTAL DUE=$1,T6 X80
Marion Travel Plaza WWTP-NC0086428
McDowell County
Dear Mr.Kim,
On July 7,2011 my office sent you notice that the penalties balance remained unpaid for the civil
penalties(LM 2011-0008 and LR 2011-0003)assessed against Marion Travel Plaza WWTP by the North
Carolina Department of Environment and Natural Resources,Division of Water Quality,NPDES Section.
These penalties became due and owing on March 27,2011 (LM 2011-0008)and April 6,2011 (LR 2011-0003).
The current combined amount of One Thousand One Hundred Sixty Seven Dollars and Eighty Cents
($1,167.80),which includes investigative costs of$167.00 and interest of$32.05 is now due. As of the date of
this letter,payment has still not been received and interest is accruing on the outstanding balance.
Please be advised that failure to remit payment immediately for the FULL amount of One Thousand
One Hundred Sixty Seven Dollars and Eighty Cents($1,167.80)will result in the matter being referred to the
North Carolina State Attorney General's Office for further action. Payment should be made by check or money
order payable to the North Carolina Department of Environment and Natural Resources or"NCDENR"and •
sent to my attention at the address below.
Should you have questions or believe you have received this letter in error,please contact me at(919)
715-0697,or via e-mail at [e-mail]. Your prompt attention to this matter is required to avoid
further action being taken to collect the amount due.
.: 1
Business Officer-Collections Unit
cc: Vanessa Manuel
File
N.C.Depainnent of F.ii ironment:md Natural Resources
()tlice of the Controller-Collectie»is L hut
1606 Mail Service Center
Raleigh,NC 27699-160(i
Phone:[phone] Flax:[phone] Email: [e-mail] One
North Carol
iina
An Equal Onion-mini Minn win,Action Lrrpkmr Naturally ally

AT7A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 31, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4838
Mr. Ik Soo Kim, Owner
I T & K Enterprises
3365 Sugar Hill Road
Marion, North Carolina 28752
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 NC0086428
I T & K Enterprises
Marion Travel Plaza WWTP
Case No. LM-2011-0031
McDowell County
Dear Mr. Kim:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$4,159.00 ($3,985.00 civil penalty+ $174.00 enforcement costs) against I T & K Enterprises.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by I T & K Enterprises for the month of January 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086428. The violations which occurred in
January 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that I T & K Enterprises violated the
terms, conditions or requirements of NPDES Permit NC0086428 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, D. Keith Haynes, Division of Water Quality Acting
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against I T & K Enterprises:
Nom Carolina
/aturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterquality.orq

$176.25 For 3 of the 3 failures to properly monitor MBAS in violation of
NPDES Permit No. NC0086428.
$187.50 For 3 of the 3 failures to properly monitor DO in violation of NPDES
Permit No.NC0086428.
For 3 of the 3 failures to properly monitor NH3-N- Conc in violation
$262.50 of NPDES Permit No.NC0086428.
$322.50 For 3 of the 3 failures to properly monitor Oil& Grease in violation
of NPDES Permit No.NC0086428.
$292.5.0 For 3 of the 3 failures to properly monitor Fecal coliform in violation
of NPDES Permit No.NC0086428.
$187.50 For 3 of the 3 failures to properly monitor j in violation of NPDES
Permit No.NC0086428.
$243.75 For 3 of the 3 failures to properly monitor TSS in violation of
NPDES Permit No. NC0086428.
$281.25 For 3 of the 3 failures to.properly monitor BOD in violation of
NPDES Permit No. NC0086428.
$531.25 For 17 of the 17 failures to properly monitor Temperature in
violation of NPDES Permit No. NC0086428.
$375.00 For 6 of the 6 failures to properly monitor Total Residual Chlorine
in violation of NPDES Permit No.NC0086428.
$812.50 For 26 of the 26 failures to properly monitor Flow in violation of
NPDES Permit No. NC0086428.
1 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No.
$312.50 NC0086428, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS.
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$00.00 NC0086428, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average Geometric Mean for
Fecal con.
$3,985.00 TOTAL CIVIL PENALTY
$174.00 Enforcement Costs
$4,159.00 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 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
OR
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 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 §150B-23.2) is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. 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 DENR as follows:

Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Since ely,
. Keith Haynes, ting Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
S:5wI''•Mclhm411'•.lkastemater•.Minurs`,Maiion"I ravel Plaza 86423`,I M-2011-0031 dot:

•
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2011-0031 County: McDowell
Assessed Party: I T & K Enterprises
Permit No. : NC0086428 Amount Assessed: $4,159.00
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(Le., 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 (Le., 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 MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADNIINSTRATIVE HEARING AND
) STIPULATION OF FACTS
I T &K ENTERPRISES/ MARION )
TRAVEL PLAZA WWTP )
PERMIT NO. NC0086428 ) FILE NO. LM-2011-0031
Having been assessed civil penalties totaling$4,159.00 for violation(s)as set forth in the
assessment document of the Division of Water Quality dated October 31, 2011,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
I T&K Enterprises
CASE NUMBER:LM-2011-0031
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE UMIT VALUE LIMIT VIOLATION TYPE
$.00 1-2011 001 Effluent FEC COLI 01/31/11 Weekly #/100m1 200 224 12.00 Monthly Geometric Mean
Exceeded
$312.50 1-2011 001 Effluent TSS-Conc 01/31/11 Weekly mg/I 30 40.5 35.00 Monthly Average Exceeded
Monitorina Violations
MONITORING OUTFALU VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE UMIT VIOLATION TYPE
$.00 1-2011 001 Effluent BOD-Conc 01/01/11 Weekly mgA Frequency Violation
$93.75 1-2011 001 Effluent BOD-Conc 01/08/11 Weekly mg/I Frequency Violation
$93.75 1-2011 001 Effluent BOD-Conc 01/15/11 Weekly mgA Frequency Violation
$93.75 1-2011 001 Effluent BOD-Conc 01/22/11 Weekly mg/ Frequency Violation
$.00 1-2011 001 Effluent CHLORINE 01/01/11 2 X week ugA Frequency Violation
$125.00 1-2011 001 Effluent CHLORINE 01/08/11 2 X week ugII Frequency Violation
$125.00 1-2011 001 Effluent CHLORINE 01/15/11 2 X week ugh Frequency Violation
$125.00 1-2011 001 Effluent CHLORINE 01/22/11 2 Xweek ugh Frequency Violation
$.00 1-2011 001 Effluent DO 01/01/11 Weekly mg/I Frequency Violation
$62.50 1-2011 001 Effluent DO 01/08/11 Weekly mgA Frequency Violation
$62.50 1-2011 001 Effluent DO 01/15/11 Weekly mgA Frequency Violation
$62.50 1-2011 001 Effluent DO 01/22/11 Weekly mgA Frequency Violation
$.00 1-2011 001 Effluent FEC COLI 01/01/11 Weekly #/100m1 Frequency Violation
$97.50 1-2011 001 Effluent FEC COLI 01/08/11 Weekly #/100m1 Frequency Violation
$97.50 1-2011 001 Effluent FEC COLI 01/15/11 Weekly #/100m1 Frequency Violation
$97.50 1-2011 001 Effluent FEC COLI 01/22/11 Weekly #N100m1 Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/01/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/02/11 Continuous mgd Frequency Violation

ATTACHMENT A
I T 8 K Enterprises
CASE NUMBER:LM-2011-0031
PERMIT: NC0086428 FACILITY: Marion Travel Plaza WWTP COUNTY: McDowell REGION: Asheville

ATTACHMENT A .
I T&K Enterprises
CASE NUMBER:LM-2011-0031
$31.25 1-2011 001 Effluent FLOW 01/03/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/04/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/05/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/06/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/07/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/08/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/09/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/10/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/11/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/12/11 Continuous mgd Frequency Violation
$3125 1-2011 001 Effluent FLOW 01/13/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/14/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/15/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/16/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/17/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/18/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/19/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/20/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/21/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/22/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/23/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/24/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/25/11 Continuous mgd Frequency Violation
$31.25 1-2011 001 Effluent FLOW 01/26/11 Continuous mgd Frequency Violation
$.00 1-2011 001 Effluent MBAS 01/01/11 Weekly mgA Frequency Violation
$58.75 1-2011 001 Effluent MBAS 01/08/11 Weekly mgA Frequency Violation
$58.75 1-2011 001 Effluent MBAS 01/15/11 Weekly mgI Frequency Violation

ATTACHMENT A
IT&K Enterprises
CASE NUMBER:LM-2011-0031
$58.75 1-2011 001 Effluent MBAS 01/22/11 Weekly mgA Frequency Violation
$.00 1-2011 001 Effluent NH3-N-Conc 01/01/11 Weekly mg/I Frequency Violation
$87.50 1-2011 001 Effluent NH3-N-Conc 01/08/11 Weekly mg/I Frequency Violation
$87.50 1-2011 001 Effluent NH3-N-Conc 01/15/11 Weekly mgA Frequency Violation
$87.50 1-2011 001 Effluent NH3-N-Conc 01/22/11 Weekly mgA Frequency Violation
$.00 1-2011 001 Effluent OIL-GRSE 01/01/11 Weekly mgA Frequency Violation
$107.50 1-2011 001 Effluent OIL-GRSE 01/08/11 Weekly mg/I Frequency Violation
$107.50 1-2011 001 Effluent OIL-GRSE 01/15/11 Weekly mgA Frequency Violation
$107.50 1-2011 001 Effluent OIL-GRSE 01/22/11 Weekly mgA Frequency Violation
$.00 1-2011 001 Effluent PH 01/01/11 Weekly su Frequency Violation
$62.50 1-2011 001 Effluent PH 01/08/11 Weekly su Frequency Violation •
$62.50 1-2011 001 Effluent PH 01/15/11 Weekly su Frequency Violation •
$62.50 1-2011 001 Effluent PH 01/22/11 Weekly su Frequency Violation
$.00 1-2011 001 Effluent TEMP-C 01/01/11 5 X week deg c Frequency Violation
$156.25 1-2011 001 Effluent TEMP-C 01/08/11 5 X week deg c Frequency Violation
$156.25 1-2011 001 Effluent TEMP-C 01/15/11 5 X week deg c Frequency Violation
$125.00 1-2011 001 Effluent TEMP-C 01/22/11 5 Xweek deg c Frequency Violation
$93.75 1-2011 001 Effluent TEMP-C 01/29/11 5 X week deg c Frequency Violation
$.00 1-2011 001 Effluent TSS-Conc 01/01/11 Weekly mgA Frequency Violation
$81.25 1-2011 001 Effluent TSS-Conc 01/08/11 Weekly mgA Frequency Violation
$81.25 1-2011 001 Effluent TSS-Conc 01/15/11 Weekly mgA Frequency Violation
$81.25 1-2011 001 Effluent TSS-Conc 01/22/11 Weekly mgA Frequency Violation

crr�yci' I I ,(/t.� 1
NPDES NO: NC 0086428 DISCHARGE NO: 001 MONTH: January YEAR:: 2011 J
FACILITY NAME: Marion Travel Center CLASS: II COUNTY: McDowell
CERTIFIED LABORATORIES(1): ENVIRONMENTAL INC. CERTIFICATION NO. #57
(list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE(ORC) JoeDavid Hall GRADE II CERTIFICATION NO.
PERSON(S)COLLECTING SAMPLES: JoeDavid Hall ORC PHONE [phone]
CHECK BOX IF ORC HAS CHANGED: X NO FLOW!DISCHARGE FROM SITE'
MAIL ORIGINAL AND ONE COPY TO:
ATTN:CENTRAL FILES _ i-,r. ..,��,-._.
Division of Water Quality E. F rl / �/ /////7
1617 Mail Service Center �•f X ; /� /13-74/E
r / '/`" 5 /1
Raleigh,NC 27699-1617 MAR
R _ 7 2 011
1 (SIGNATU OF OPERATOR IN RESPONSIBLE CHARGE/ DATE /
YIM BY THIS SIGNATURE.I CERTIFY THAT THIS REP` !S,A'
ACCURATE AND COMPLETE TO THE BEST OF M ••I L DGE.
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Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements X
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
The permittee shall report to the Director the appropriate Regional Office any noncompliance that potentially threatens public
health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware
of the circumstances.A written submission shall also be provided within 5 days of the time the permittee becomes aware of the
circumstances.
If the facility is noncompliant, please comment on corrective actions being 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."
' t
Permittee(PI-.se print or ty.
ignature of Permittee** :.
•
1/31/2011
Permittee Address Phone Number e-mail address Permit Exp. Date
PARAMETER CODES
00010 Temperature 00556 Oil&Grease 00951 Total Flouride 01067 Nickel 50060 Total
00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver ' Residual
00080 Color(Pt-Ca) 00610 Ammonia Nitrogen 01092 Zinc • Chlorine
00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadium 01105 Aluminum
Nitrogen
00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiun 01147 Total Selenium 71880 Formaldehyde •
00300 Dissolved Oxygen . • 01034 Chromium • 31616 Fecal Coliform 71900 Mercury
00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene
00530 Total Susppendec 00927 Total Magnesium 38260 MBAS
Residue 00929 Total Sodium 01045 Iron 39516 PCBs
00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at(919)733-5083,or by visiting
the Surface Water Protection Sections's web site at h2o.enr.state.nc.us/wqs and linking to the units information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site Check this box if no discharge occurs,and as result,there are no data to be entered for all of the
parameters on the DMR for the entire monitoring period.
*'ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8AG 0204.
***If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 26.0506(b) (2)(D).

(.....:".,41 et,;(..)
I
Permit Enforcement History Details by Owner
10/27/11 .
1
Owner. I T&K Enterprises
Facility: Marion Travel Plaza WWTP
Permit: NC0086428
Region: Asheville County:McDowell
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforesmen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR APProvsd Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Ow Plan closed
LV-1999-0487 11/19/99 $1,000 $43.20 12/08/99 04/05/00 $.00 09/14/00 $.00 $1,043.20 $.00 No 10/09/00
LV-1999-0580 12/17/99 $1,000 $43.20 $1,043.20 $.00 No 08/24/00
LV-2003-0081 11-2002 02/11/03 $1,250 $100.00 02/28/03 04/02/03 $1,250.00 $100.00 $.00 No 06/25/03
LV-2005-0092 10-2004 07/20/05 $250 $100.00 $350.00 $.00 No 08/04/05
LV-2005-0296 1-2005 08/29/05 $250 $100.00 $350.00 $.00 No 09/28/05
LV-2005-0299 2-2005 08/29/05 $250 $100.00 $350.00 $.00 No 09/28/05
LV-2005-0301 6-2005 08/30/05 $250 $100.00 $350.00 $.00 No 09/28/05
LV-2007-0270 1-2007 07/10/07 $450 $208.57 08/20/07 $450.00 $208.57 $.00 No 04/08/08
LV-2009-0110 10-2008 04/07/09 $1,150 $65.00 $.00 05/12/11 $.00 $.00 No 06/13/11
LM-2009-0023 2-2009 05/04/09 $450 $65.00 11/12/09 $515.00 $.00 No 01/21/10
LM-2009-0027 3-2009 05/13/09 $450 $65.00 06/11/09 05/12/11 $.00 05/12/11 $.00 09/14/11 $515.00 $.00 No 09/22/11
LV-2009-0233 4-2009 07/22/09 $500 $65.00 11/12/09 $565.00 $.00 No 01/21/10
LR-2009-0012 9-2009 12/01/09 $500 $100.00 $.00 $600.00 $.00 No 01/20/10
LM-2010-0013 10-2009 03/23/10 $406.25 $67.00 08/09/10 $473.25 No
MV-2010-0003 8-2009 03/29/10 $3,100 $123.00 08/09/10 $3,223.00 No
MV-2010-0005 9-2009 03/31/10 $3,875 $123.00 08/09/10 $3,998.00 No
///
/ LM-2010-0047 8-2010 11/18/10 $100 $67.00 $187.00 $.00 No 06/24/11

10/27/11
2
Owner: I T&K Enterprises
,LM-2011-0008 7-2010 02/24/11 $468.75 $67.00 07/07/11 $535.75 No
CT-2011-0003 12-2010 02/24/11 $500 $100.00 07/07/11 $600.00 No
�L_-2011-0009 11-2010 08/25/11 $500 $100.00 $600.00 No
MV-2011-0039 11-2010 $4,330 $174.00 $4,504.00 No
( F20110040 12-2010 $5,475 $174.00 $5,649.00 No
Total Cases: 22 Total Penalty Amount: $26,505 Total Enforcement Cost $2,149.97 Sum of Total Paid: $6,156.97 Total Balance Due: $19,583.00
Sum of Total Case Penalties: $28,654.97 Total Penalties after remission(s): $25,739.97

ArfA
•
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 3, 2011
CERTIFIED MAIL 7009 1680 0000 7514 8574
RETURN RECEIPT REQUESTED
Mr. Ik Soo Kim, Owner
I T& K Enterprises
3365 Sugar Hill Road
Marion,North Carolina 28752
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 NC0086428
I T & K Enterprises
Marion Travel Plaza WWTP
Case No. MV-2011-0040
McDowell County
Dear Mr. Kim:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$5,649.00 ($5,475.00 civil penalty+ $174.00 enforcement costs) against I T& K Enterprises.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by I T & K Enterprises for the month of December 2010.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086428. The violations which occurred in
December 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that I T & K Enterprises violated the
terms, conditions or requirements of NPDES Permit NC0086428 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, D. Keith Haynes, Division of Water Quality Acting
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against I T& K Enterprises:
o e
NCarolina
J7aturallji
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa, NC 28778
Phone:[phone]FAX:[phone]Customer Service: 1-877-623-6748
Internet:www.ncwaterqualitv.orq

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 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.

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 Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely, ,
. Keith aynes, A ng Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
S:'•.SWP,.61c,Dot+ell Wa;levralerlltinolOilarion 1'rareI Plaza 8M2S\MV-2UI 1-UU-IU.do:

•
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
) STIPULATION OF FACTS
I T &K ENTERPRISES/ MARION )
TRAVEL PLAZA WWTP )
PERMIT NO.NC0086428 ) FILE NO. MV-2011-0040
Having been assessed civil penalties totaling$5,649.00 for violation(s)as set forth in the
assessment document of the Division of Water Quality dated November 3, 2011,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
I T&K Enterprises
CASE NUMBER:MV-2011-0040
PERMIT: NC0086428 FACILITY: Marion Travel Plaza WWTP COUNTY: McDowell REGION: Asheville
Monitoring Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$468.75 12-2010 001 Effluent BOD-Conc 12/31/10 Weekly mgA Frequency Violation
$625.00 12-2010 001 Effluent CHLORINE 12/31/10 2 X week ugA Frequency Violation
$312.50 12-2010 001 Effluent DO 12/31/10 Weekly mgA Frequency Violation
$487.50 12-2010 001 Effluent FEC COLI 12/31/10 Weekly #/100mI Frequency Violation
$968.75 12-2010 001 Effluent FLOW 12/31/10 Continuous mgd Frequency Violation
$293.75 12-2010 001 Effluent MBAS 12/31/10 Weekly mg/I Frequency Violation
$437.50 12-2010 001 Effluent NH3-N-Conc 12/31/10 Weekly mg/I Frequency Violation
$537.50 12-2010 001 Effluent OIL-GRSE 12/31/10 Weekly mgA Frequency Violation
$312.50 12-2010 001 Effluent PH 12/31/10 Weekly su Frequency Violation
$625.00 12-2010 001 Effluent TEMP-C 12/31/10 5 X week deg c Frequency Violation
$406.25 12-2010 001 Effluent TSS-Cone 12/31/10 Weekly mgA Frequency Violation

r 6,7)
EFFLUENT
NPDES PERMIT NO.A/C, O r". 4,R. DISCHARGE NO. MONTH veCr' YEAR cR 6/40FACILITY NAME �1 irio7 EA✓6L. ,L14214' CLASS COUNTY Ag, z L.L
CERTIFIED LABORATORY(1) CERTIFICATION NO.
(list additional laboratories on the backside/page 2 o is form)
OPERATOR IN RESPONSIBLE CHARGE(ORC) GRADE CERTIFICATION NO.
PERSON(S)COLLECTING SAMPLES ORC PHONE
CHECK BOX IF ORC HAS CHANGEDT¢ H egirg,0,9 NO FLOW/DISCHARGE FROM SITE* 0
Mail ORIGINAL and ONE COPY to: (i•'���
ATTN:CENTRAL FILES x
DIVISION OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE
1617 MAIL SERVICE CENTER BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS
RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
Coir. 4X/L
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Permit Enforcement History Details by Owner (1 &
10/26/11 •
1
Owner. I T&K Enterprises
Facility: Marion Travel Plaza IN TP
Permit: NC0086428
Region:Asheville County: McDowell
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enfwamen Request Ent Con/ Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR Approved Amount t Costs images Revived Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-1999-0487 11/19/99 $1,000 $43.20 12/08/99 04/05/00 $.00 09/14/00 $.00 $1,043.20 $.00 No 10/09/00
LV-1999-0580 12/17/99 $1,000 $43.20 $1,043.20 $.00 No 08/24/00
LV-2003-0081 11-2002 02/11/03 $1,250 $100.00 02/28/03 04/02/03 $1,250.00 $100.00 $.00 No 06/25/03
LV-2005-0092 10-2004 07/20/05 $250 $100.00 $350.00 $.00 No 08/04/05
LV-2005-0296 1-2005 08/29/05 $250 $100.00 $350.00 $.00 No 09/28/05
LV-2005-0299 2-2005 08/29/05 $250 $100.00 $350.00 $.00 No 09/28/05
LV-2005-0301 6-2005 08/30/05 $250 $100.00 $350.00 $.00 No 09/28/05
LV-2007-0270 1-2007 07/10/07 $450 $208.57 08/20/07 $450.00 $208.57 $.00 No 04/08/08
LV-2009-0110 10-2008 04/07/09 $1,150 $65.00 $.00 05/12/11 $.00 $.00 No 06/13/11
LM-2009-0023 2-2009 05/04/09 $450 $65.00 11/12/09 $515.00 $.00 No 01/21/10
LM-2009-0027 3-2009 05/13/09 $450 $65.00 06/11/09 05/12/11 $.00 05/12/11 $.00 09/14/11 $515.00 $.00 No 09/22/11
LV-2009-0233 4-2009 07/22/09 $500 $65.00 11/12/09 $565.00 $.00 No 01/21/10
LR-2009-0012 9-2009 12/01/09 $500 $100.00 $.00 $600.00 $.00 No 01/20/10
LM-2010-0013 10-2009 03/23/10 $406.25 $67.00 08/09/10 $473.25 No
MV-2010-0003 8-2009 03/29/10 $3,100 $123.00 08/09/10 $3,223.00 No
MV-2010-0005 9-2009 03/31/10 $3,875 $123.00 08/09/10 $3.998.00 No
LM-2010.0047 6-2010 11/18/10 $100 $67.00 $167.00 $.00 No 06/24/11

10/26/11
2
Owner. I T&K Enterprises
CM-2011-0008 7-2010 02/24/11 $468.75 $67.00 07/07/11 $535.75 No
LR-2011-0003 12-2010 02/24/11 $500 $100.00 07/07/11 $600.00 No
(.LR-2011-0009 11-2010 08/25/11 $500 $100.00 $600.00 No
CMV-2011-0039 11-2010 $4,330 $174.00 $4,504.00 No
Total Cases: 21 Total Penalty Amount: $21,030 Total Enforcement Cost: $1,975.97 Sum of Total Paid: $6,156.97 Total Balance Due: $13,934.00
Sum of Total Case Penalties: $23,005.97 Total Penalties after remission(s): $20,090.97

•
467A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 3, 2011
CERTIFIED MAIL 7009 1680 0000 7514 8598
RETURN RECEIPT REQUESTED
Mr. Ik Soo Kim, Owner
I T & K Enterprises
3365 Sugar Hill Road
Marion,North Carolina 28752
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 NC0086428
I T & K Enterprises
Marion Travel Plaza WWTP
Case No. MV-2011-0039
McDowell County
Dear Mr. Kim:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$4,504.00 ($4,330.00 civil penalty + $174.00 enforcement costs) against I T& K Enterprises.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by I T &K Enterprises for the month of November 2010.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086428. The violations which occurred in
November 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that I T& K Enterprises violated the
terms, conditions or requirements of NPDES Permit NC0086428 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, D. Keith Haynes, Division of Water Quality Acting
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against I T& K Enterprises:
None hCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70, Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterqualitv.orq

$235.00 For 5 of the 5 failures to properly monitor MBAS in violation of
NPDES Permit No.NC0086428.
$250.00 For 5 of the 5 failures to properly monitor DO in violation of NPDES
Permit No. NC0086428.
For 5 of the 5 failures to properly monitor NH3-N-Conc in
$350.00 violation of NPDES Permit No. NC0086428.
$430.00 For 5of the 5 failures to properly monitor Oil & Grease in violation
of NPDES Permit No. NC0086428.
$390.00 For 5 of the 5 failures to properly monitor Fecal coliform in violation
of NPDES Permit No.NC0086428.
$250.00 For 5 of the 5 failures to properly monitor p I in violation of NPDES
Permit No.NC0086428.
$325.00 For 5 of the 5 failures to properly monitor TSS in violation of
NPDES Permit No.NC0086428.
$375.00 For 5of the 5 failures to properly monitor BOD in violation of
NPDES Permit No. NC0086428.
$475.00 For 19 of the 19 failures to properly monitor Temperature in
violation of NPDES Permit No. NC0086428.
$500.00 For 10 of the 10 failures to properly monitor Total Residual
Chlorine in violation of NPDES Permit No.NC0086428.
$750.00 For 30 of the 30 failures to properly monitor Flow in violation of
NPDES Permit No. NC0086428.
$4,330.00 TOTAL CIVIL PENALTY
$174.00 Enforcement costs
$4,504.00 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 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
OR
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 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 §150B-23.2) is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. 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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sine rely,
D. Keith Haynes, ting Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
•
S:`.S14'PtrticDom eII WaSiewaier�Ntinora;Marion Travel Plaza 86428`•.MV-20 I I-nu39.doe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: MV-2011-0039 County: McDowell
Assessed Party: I T& K Enterprises
Permit No. : NC0086428 Amount Assessed: $4,504.00
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 (Le., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

1 •
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
) STIPULATION OF FACTS
I T &K ENTERPRISES / MARION )
TRAVEL PLAZA WWTP )
PERMIT NO. NC0086428 ) FILE NO. MV-2011-0039
Having been assessed civil penalties totaling $4,504.00 for violation(s)as set forth in the
assessment document of the Division of Water Quality dated November 3, 2011,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

.1•
ATTACHMENT A
I T&K Enterprises
CASE NUMBER:MV-2011-0039
PERMIT: NC0086428 FACILITY: Marion Travel Plaza WWTP COUNTY: McDowell REGION: Asheville
Monitoring Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$375.00 11-2010 001 Effluent BOD-Conc 11/30/10 Weekly mg/I Frequency Violation
$500.00 11-2010 001 Effluent CHLORINE 11/30/10 2 X week ugh Frequency Violation
$250.00 11-2010 001 Effluent DO 11/30/10 Weekly mg/I Frequency Violation
$390.00 11-2010 001 Effluent FEC COLI 11/30/10 Weekly #/100m1 Frequency Violation
$750.00 11-2010 001 Effluent FLOW 11/30/10 Continuous mgd Frequency Violation
$235.00 11-2010 001 Effluent MBAS 11/30/10 Weekly mg/I Frequency Violation
$350.00 11-2010 001 Effluent NH3-N-Conc 11/30/10 Weekly mg/I Frequency Violation
$430.00 11-2010 001 Effluent OIL-GRSE 11/30/10 Weekly m9/1 Frequency Violation
$250.00 11-2010 001 Effluent PH 11/30/10 Weekly su Frequency Violation
$475.00 11=2010 001 Effluent TEMP-C 11/30/10 5 X week deg c Frequency Violation
$325.00 11-2010 001 Effluent TSS-Conc 11/30/10 Weekly mg/1 Frequency Violation

67:‘,21,
EFFLUENT
v
NPDES PERMIT NO. Q(�f 7p`g DISCHARGE NO. 00/ MONTH /16 1/0 YEARS0/C)
FACILITY NAME ,9/4,€194/ Ce4e1%rgLe___ CLASS COUNTY mit 0L1...
CERTIFIED LABORATORY(1) CERTIFICATION NO.
(list additional laboratories on the backside/page 2 o his form)
OPERATOR IN RESPONSIBLE CHARGE(ORC) GRADE CERTIFICATION NO.
PERSON(S)COLLECTING SAMPLES ORC PHONE
CHECK BOX IF ORC HAS CHANGED 7.0_/„,f/ xi NO FLOW/DISCHARGE FROM SITE*
Mail ORIGINAL and ONE COPY to:
ATTN:CENTRAL FILES x
DIVISION OF WATER QUALITY (SIGNATURE OF OPERATOR[N RESPONSIBLE CHARGE) DATE
1617 MAIL SERVICE CENTER BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS
RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
I 150050 i i 110 00400 50060 00310 00610 005 0 31616 00 I,t 00600 00665 CO6S01381.40
F E FLOW " gig e� / ,. q ENTER PARAMETER CODE ABOVE
EEi$ I- EFF ❑ y I p 1 W J p W Z --0t4 W NAME AND UNITS BELOW
[1, d H w V1 INF ❑ N)� p o 00 Z Q J (W7 Q a x
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HRS HRS Y/B/N MGD ° C UNITS UG/L MG/L MG/L MG/L a/100ML MG/L MG/L MG/L
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DWQ Form MR-I(11/04) (Io V-. ZD /� — m V- 0/ 57 /2 / /11V 9//—Do3q

Permit Enforcement History Details by Owner (rde:06 ceer7) ‘ ,
10/25/11
1
Owner, I T&K Enterprises
Facility: Marion Travel Plaza WWTP
Permit: NC0086428
Region:Asheville County: McDowell
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Con{ Remission Hearing Remission Remission Memo Sent galas Pmt Case
Case Number MR ova Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due rmill Closed
LV-1999-0487 11/19/99 $1,000 $43.20 12/08/99 04/05/00 1.00 09/14/00 1.00 $1,043.20 5.00 No 10/09/00
LV-1999-0580 12/17/99 $1,000 $4320 $1,043.20 1.00 No 08/24/00
LV-2003-0081 11-2002 02/11/03 $1,250 $100.00 02/28/03 04/02/03 $1,250.00 $100.00 1.00 No 06/25/03
LV-2005-0092 10-2004 07/20/05 $250 $100.00 $350.00 $.00 No 08/04/05
LV-2005-0296 1-2005 08/29/05 1250 $100.00 $350.00 $.00 No 09/28/05
LV-2005-0299 2-2005 08/29/05 $250 $100.00 $350.00 $.00 No 09/28/05
LV-2005-0301 6-2005 08/30/05 $250 $100.00 $350.00 $.00 No 09/28/05
LV-2007-0270 1-2007 07/10/07 $450 $208.57 08/20/07 $450.00 $208.57 1.00 No 04/08/08
LV-2009-0110 10-2008 04/07/09 $1,150 $65.00 100 05/12/11 1.00 $.00 No 06/13/11
LM-2009-0023 2-2009 05/04/09 $450 $65.00 11/12/09 $515.00 1.00 No 01/21/10
LM-2009-0027 3-2009 05/13/09 $450 $65.00 06/11/09 05/12/11 1.00 05/12/11 100 09/14/11 $515.00 $.00 No 09/22/11
LV-2009-0233 4-2009 07/22/09 $500 $65.00 11/12/09 $565.00 $.00 No 01/21/10
LR-2009-0012 9-2009 12/01/09 $500 $100.00 100 $600.00 $.00 No 01/20/10
( 20100013 10-2009 03/23/10 $406.25 $67.00 08/09/10 $473.25 No
MV-2010-0003 8-2009 03/29/10 $3,100 $123.00 08/09/10 $3,223.00 No
MV-2010-0005 9-2009 03/31/10 $3,875 $123.00 08/09/10 $3,998.00 No
( ..2o100047
6-2010 11/18/10 $100 $67.00 $167.00 $.00 No 06/24/11

10/25/11
2
(, M201
Owner: I T&K Enterprises
10008 7-2010 02/24/11 $468.75 $67.00 07/07/11 $535.75 No
LR-2011-0003 12-2010 02/24/11 $500 $100.00 07/07/11 $600.00 No
C $500 LR-2011-0009 11-2010 08/25/11
$100.00 $600.00 No
Total Cases: 20 Total Penalty Amount: $16,700 Total Enforcement Cost: $1,801.97 Sum of Total Paid: $6,156.97 Total Balance Due: $9,430.00
Sum of Total Case Penalties: $18,501.97 Total Penalties after remission(s): $15,586.97
t

ATM
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 8, 2011
CERTIFIED MAIL 7009 1680 0000 7514 8611
RETURN RECEIPT REQUESTED
Mr. Ik Soo Kim, Owner
I T & K Enterprises
3365 Sugar Hill Road
Marion, North Carolina 28752
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 NC0086428
I T & K Enterprises
Marion Travel Plaza WWTP
Case No. LV-2011-0284
McDowell County
Dear Mr. Kim:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$829.50
($687.50 civil penalty + $142.00 enforcement costs) against I T & K Enterprises.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by I T & K Enterprises for the month of April 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086428. The violations which occurred in
April 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that I T & K Enterprises violated the
terms, conditions or requirements of NPDES Permit NC0086428 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against I
T& K Enterprises:
o One
NCarolina
/ aturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa, NC 28778
Phone:[phone] TAX:828 29970431Customer Service: 1-877-623-6748
Internet:www.ncwateraualitv.orq

1 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No.
$312.50 NC0086428, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
3 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$375.00 NC0086428, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3-N-Conc.
$687.50 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$829.50 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 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
OR
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 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 §150B-23.2)is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:

l
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cranford, Regio . Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
Environmental Inc./ORC w/attachments
S:`SSWP\6lcDowell\Wastcwalrr\Minors%Klarion Tra%el Plaza 864281.V-2( I I-0284 doe.

r 1
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0284 County: McDowell
Assessed Party: I T& K Enterprises/Ik Soo Kim/ Marion Travel Plaza
Permit No: NC0086428 Amount Assessed: $829.50
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 MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
) STIPULATION OF FACTS
I T & K ENTERPRISES/ IK SOO KIM/ )
MARION TRAVEL PLAZA )
PERMIT NO. NC0086428 ) FILE NO. LV-2011-0284
Having been assessed civil penalties totaling$829.50 for violation(s)as set forth in the
assessment document of the Division of Water Quality dated November 8, 2011, 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

w
ATTACHMENT A
I T&K Enterprises
CASE NUMBER:LV-2011-0284
PERMIT: NC0086428 FACIUTY: Marion Travel Plaza WWTP COUNTY: McDowell REGION: Asheville
Limit Violations
MONITORING OUTFALU VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$125.00 4-2011 001 Effluent NH3-N-Cone 04/13/11 Weekly mgll 25.5 35 37.25 Daily Maximum Exceeded
$125.00 4-2011 001 Effluent NH3-N-Conc 04/19/11 Weekly mg/I 25.5 33 29.41 Daily Maximum Exceeded
$125.00 4-2011 001 Effluent NH3-N-Conc 04/27/11 Weekly mg/I 25.5 33.5 31.37 Daily Maximum Exceeded
$312.50 4-2011 001 Effluent NH3-N-Cone 04/30/11 Weekly mg/I 5.1 29.25 473.53 Monthly Average Exceeded

6352E
T EFFLUEN
NPDES NO NC 0086428 DISCHARGE NO: ''1...•'•%, MONTH: April YEAR 2011
FACILITY NAME Marion Travel Plaza WWTP ,_1 v 4-!g7:�A S '.ti II COUNTY. McDowell
CERTIFIED LABORATORIES(1). ENVIRONMENTAL�Ai ;;Hca i-rF.;..4* O ',A,, #57
i' " 4
•
(list additional laboratories on the backside/page 2 of this form) .'?'. 4.y:,•--' \ •I.
OPERATOR IN RESPONSIBLE CHARGE(ORC) JoeDavid H- •,..! \ II \CERTIFICATION NO 993269
PERSON(S)COLLECTING SAMPLES R •
. x.. , RQ $228-586-5588
CHECK BOX IF ORC HAS CHANGED: 1
g --.',...•;-),i'.,...?-,' \/ r^\� NO FLeW l DI CHARGE FROM SITE' l 1
MAIL ORIGINAL AND ONE COPY TO: +' 1 L`0
ATTN:CENTRAL FILES ` ? w 1" �•fta .. '+,r;
Division of Water Quality t # \ • %Cf `�... • 't`
1617 Mail Service Center %'•.' ilL\ �,De ,i.. ,Qy_� -<- • 2.7 (/
Raleigh,NC 27699-1617 jal -2 20ii �'L-E OF OP ffgrTGR.IN'r PONSIBLE ChW1GE) DATE
.. ` ., TInF
1. B SIC _: ��;I�C�TAFY TNFrT7HIS F;€�'ORT IS ��g��i
AC RATE ANf7'beT�P;L-ETE.I.O1 HE BEST OF MY KNOW. G u ;FF..
CENTRAL FILES !<< - t._ i,, '2 •
2i)1
I.DWQ/BOQ :�
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50050 00010 00400 50060 0031U ' ,00610-,-'-00530 31616 00300 00600 00665 I I
' FLOW 1 u tNitkPAt-(AMErERCODE
EFF X ✓. m ABOVE NAME AND UNITS
INF (.3 C d..\ 'a E a, 3 BELOW
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4._. t7) 0 o QI G -
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E O o▪ V 0 _ X rn c
m cY,, N += L V• N Z H 13 E O N N
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a` z (.a is o. a 0 0 tore o o To a O m
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a
0.
p O ti
HRS MIN Y/N/B MOD °C S U. UG/L MG/L MG/L MG/L #100ML MG/L MG/L MG/L MG/L MG/L MG/L MG/L
1 0935 20 Y 0.0012 14.0 7.0 <10 3.3
2 00016
3 0.0016
4 0840 20 Y 0 0016 14 0
5 1450 20 Y 0.0032 18.0
6 0805 20 Y 0.0019 15 0 > 25 6 15 5 38 C Y 4 < 5 0 0 92
7 1250 20 Y 0.0029 19.0 71 <10 3.9
8 0840 20 Y 0 0029 15 4 <10
9 0.0026
10 0 0026
11 0835 20 Y 0.0026 19.0
12 1650 20 Y 0 0010 18 n
13 0910 20 Y 0.0010 18.0 > 25.6 4111)
20.0 < 4 < 5 0 - 1.24
•4 1440 20 V 0 0029 19 0 7 2 <10 3
15 0900 20 Y 0.0015 18.0 <10
16 0 0016
17 0.0016
18 1445 20 Y 00016 190
19 0925 20 Y 0.0007 18.0 7 2 > 25 6 33A 29.0 < 4 5 7 0.75
20 1620 20 Y 0.0013 19.0 71 -10 1 6
21 0920 30 Y 0.0009 18 0 <10
22 holiday 0 0015
23 0.0015
24 0.0015
25 0930 20 Y 0.0015 20.0
26 1635 20 Y 0 0013 22 0
27 0925 20 Y 0.0012 22.0 4 2 33.5 8 0 100 ,< 5.0 0.12
28 1100 20 B 0.0016 23 0
29 0900 30 Y 0.0015 21 0 <10 2 8
30 00015 74 <10
31
AVERAGE: 0 0017 18.5 - <10 20 3 29 3 23 8 5 2 3 0 5 2 0 76
MAXIMUM: 0.0032 23.0 7.4 <10 25.6 35.0 38.0 100 3.9 5.7 1.24
MINIMUM: 00007 140 70 <10 • 4.2 155 80 4 16 50 012
l
Comp.(C)or Grab(G) - G G G G G G G
Monthly Limit .010 6.-9. 30 30 200
we i
/ 0 ,>A Fo m -1(Revised 11/04) ,N � /
�(�f� �f�//`o��
• L9 � Nov- 70�/-kV- oizi�

•
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•
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
The permittee shall report to the Director the appropriate Regional Office any noncompliance that potentially threatens public
health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware
of the circumstances.A written submission shall also be provided within 5 days of the time the permittee becomes aware of the
circumstances.
If the facility is noncompliant,please comment on corrective actions being 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."
Ik Soo Kim
Permitte (Please print or type)
ith
)',t,,, „I/27/ft
Signature of Permittee** Date
3365 Sugar Hill Rd(NCSR 1001)Marion 12/31/2014
Permittee Address Phone Number e-mail address Permit Exp.Date
PARAMETER CODES
00010 Temperature 00556 Oil&Grease 00951 Total Flouride 01067 Nickel 50060 Total
00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual
00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine
00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadium 01105 Aluminum
Nitrogen
00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiun 01147 Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury
00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene
00530 Total Susppendec 00927 Total Magnesium 38260 MBAS
Residue 00929 Total Sodium 01045 Iron 39516 PCBs
00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at(919)733-5083,or by visiting
the Surface Water Protection Sections's web site at h2o.enr.state.nc.us/was and linking to the units information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site Check this box if no discharge occurs,and as result,there are no data to be entered for all of the
parameters on the DMR for the entire monitoring period.
**ORC On Site?:ORC must visit facility and document visitation of facility as required per 15A NCAC 8AG 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).

rreze,,,.." .
Permit Enforcement History Details by Owner
11/07/11
1
Owner. I T&K Enterprises
Facility: Marion Travel Plaza WWTP
Permit: NC0086428
Region: Asheville County: McDowell
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR Approved Amount t Costs Damages Revived Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-1999-0487 11/19/99 $1,000 $43.20 12/08/99 04/05/00 $.00 09/14/00 $.00 $1,043.20 $.00 No 10/09/00
LV-1999-0580 12/17/99 $1,000 $43.20 $1,043.20 $.00 No 08/24/00
LV-2003-0081 11-2002 02/11/03 $1,250 $100.00 02/28/03 04/02/03 $1,250.00 $100.00 $.00 No 06/25/03
LV 20050092 10-2004 07/20/05 $250 $100.00 $350.00 $.00 No 08/04/05
LV-2005-0296 1-2005 08/29/05 $250 $100.00 $350.00 $.00 No 09/28/05
LV-2005-0299 2-2005 08/29/05 $250 $100.00 $350.00 $.00 No 09/28/05
LV-2005-0301 6-2005 08/30/05 $250 $100.00 $350.00 $.00 No 09/28/05
LV-2007-0270 1-2007 07/10/07 $450 $208.57 08/20/07 $450.00 $208.57 $.00 No 04/08/08
LV-2009-0110 10-2008 04/07/09 $1,150 565.00 $.00 05/12/11 $.00 $.00 No 06/13/11
LM-2009-0023 2-2009 05/04/09 $450 $65.00 11/12/09 $515.00 $.00 No 01/21/10
LM-2009-0027 3-2009 05/13/09 $450 $65.00 06/11/09 05/12/11 $.00 05/12/11 $.00 09/14/11 $515.00 $.00 No 09/22/11
LV-2009-0233 4-2009 07/22/09 $500 $65.00 11/12/09 $565.00 $.00 No 01/21/10
LR-2009-0012 9-2009 12/01/09 $500 $100.00 $.00 $600.00 $.00 No 01/20/10
LM-2010-0013 10-2009 03/23/10 $406.25 $67.00 08/09/10 $473.25 No
MV-2010-0003 8-2009 0329/10 $3,100 $123.00 08/09/10 $3,223.00 No
MV-2010-0005 9-2009 03/31/10 $3,875 $123.00 08/09/10 $3,998.00 No
GM-2010-0047 6-2010 11/18/10 $100 $67.00 $167.00 $.00 No 06/24/11

rch
11/07/11
2
Owner: I T&K Enterprises
CLM-2011-0008 7-2010 02/24/11 $468.75 $67.00 07/07/11 $535.75 No
CLR-2011-0003 12-2010 02/24/11 $500 $100.00 07/07/11 $600.00 No
LR-2011-0009 11-2010 08/25/11 $500 $100.00 $600.00 No
6LM-2011-0031 1-2011 $3,985 $174.00 $4,159.00 No
CMV-2011-0039 11-2010 $4,330 $174.00 $4,504.00 No
CMV-2011-0040 12-2010 $5,475 $174.00 $5,649.00 No
Total Cases: 23 Total Penalty Amount: $30,490 Total Enforcement Cost: $2,323.97 Sum of Total Paid: $6,156.97 Total Balance Due: $23,742.00
Sum of Total Case Penalties: $32,813.97 Total Penalties after remIssion(s): $29,898.97

-1-0c-'-"67\-
--7_7-,d9, 46,7:ix
• A
• NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 2,2011
CERTIFIED MAIL 7007 0710 0000 5376 7075
RETURN RECEIPT REQUESTED
Ms. Patty Elliott
I T& K Enterprises
3365 Sugar Hill Road
Marion, NC 28752
Subject: Assessment of Civil Penalty for Violations of Reporting Requirements
Marion Travel Plaza-(WWTP)
NPDES Permit NC0086428
Case Number LR-2011-0003
McDowell County
Dear Ms. Elliott:
This letter transmits notice of a civil penalty assessed against the Marion Travel Plaza WWTP in the amount of$600.00($500.00 civil
enalty+$100.00 in enforcement costs).This assessment is based upon the following facts:
�
1. The November 2010 Discharge monitoring report(DMR)was not filed with the Division of Water Quality within the thirty
(30)day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit.A
Notice of Violation(NOV-2011-LR-0004)was sent to you for failure to submit the November 2010 DMR no later than the
thirtieth (301h)day following the reporting period.Within said Notice,you were informed that future reports not received within
the required timeframe would result in further enforcement actions. _
2. As of March 1,2011 the December 2010 DMR was not filed with the Division of Water Quality within the thirty(30)day
reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit.
Based upon the above facts, I conclude as a matter of law that the Marion Travel Plaza WWTP violated or failed to act in accordance
with the requirements of NPDES Permit NC0086428 and G.S. 143-215.65.A civil penalty of not more than$25,000.00 per violation
may be assessed against a person who fails to file,submit,or make available any documents,data,or reports required by G.S. 143-
215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a)(9)and G.S. 143-282.1(b)(8).
Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to me by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality, I hereby make the following civil
penalty assessment against the Marion Travel Plaza WWTP:
$ $500.00 for failing to submit the December 2010 DMR as required by NPDES Permit NC0086428 and
G.S.143-215.65.
$ $100.00 Investigation Costs
$ $600.00 TOTAL AMOUNT DUE
ID
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org r
An Equal Opportunity's Affirmative Action Employer Natural!!al!!

h
•
SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. ❑Agent
item 4 if Restricted Delivery is desired. X
• Print your name and address on the reverse 0 Addressee
so that we can return the card to you. Receiv•• b (Printed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece, /cyL,
or on the front if space permits.
D. Is delivery address different from Item 1? 0 Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
PATTY ELLIOTT
I T&K ENTERPRISES
3365 SUGAR HILL ROAD
MARION NC 28752 3.j4rvice Type
Certified Mail 0 Express Mail
❑ Registered 0 Return Receipt for Merchandise
❑Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7007 0710 0000 5376 7075
(transfer from service label) _
PS Form 3811.February 2004 Domestic Return Receipt 102595-02-M-1540
•

Pursuant to G.S. 143-215.6A(c),in determining the amount of the penalty, I have taken into account the Findings of Facts and
Conclusions of Law and have considered each and every specific factor 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 public health,or to private property resulting from the
violation;
The duration and gravity of the violation;
The effect on the 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 Branch
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.
A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and
is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter.
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 that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement,
which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please submit this information to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Please note that all information presented in support of a request for remission must be submitted in writing.The
Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and
inform you of his decision in the matter of the remission request. His response will provide details regarding case
status,directions for payment and provision for further appeal of the penalty to the Environmental Management
Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director and therefore,it is very
important that you prepare a complete and thorough statement in support of your request for remission.
•
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One
Phone:[phone] FAX [phone] Customer Service:1-877-623-6748 NorthCarolina
Internet www.ncwaterquality.org Natural!,Equal Opportunity\Affirmative Action Employer

• OR
3. Submit a written request for an administrative hearing:
• If you wish to contest any statement in this assessment letter,you must request an administrative hearing. This request
must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina General Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
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 days as evidenced by a date stamp(not a postmark)indicating when we
received your response,will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to
collect the penalty. Please be advised that additional assessments may be levied for violations that occur after the review period of this
assessment.
If you have any questions concerning this matter,please contact Mr.Bob Guerra at(919)807-6387 or email at
bob.auerrat ncdenr.Qov.
ce dy,
./
John Hennessy
Supervisor,NPDES Expedited Unit
Attachments
cc: ARO Surface Water Protection:Roger Edwards,Supervisor w/attachments
Enforcement File w/attachments
Central Files w/attachments
•
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 1�7One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 1�O Carolina
Internet www.ncwaterquality.org Ktura!!�
An Equal Opportunity 1 Affirmative Action Employer

DIVISION OF WATER QUALITY-CIVIL PENALTY ASSESSMENT
Violator: Marion Travel Plaza WWTP NC0086428
• County: Dowell
Case Number: LR-2011-0003
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 on air quality;
4) The cost of rectifying the damage;
O5) 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.
EThe assessment factors listed above were considered. However,since this case pertains to the
non-submittal of required information, impacts are unknown.
Date � n Hennessy,Supe sf', xpedited Unit
O