NC0028606_Enforcement (Payment)_20180801

ov
STATE OF NORTH CAROLINA 5,
DEPARTMENT OF TRANSPORTATION
ROY COOPER
GOVERNOR
August 01, 2018
NC DEPT OF ENVIRONMENTAL QUALITY
DIV OF WATER QUALITY
1617 MAIL SERVICE CTR
RALEIGH NC 27699-1617
Ref: Outstanding check 3759435
Dear Sir/Madam:
JAMES H. TROGDON, III
SECRETARY
Our records indicate that check number 3759435 issued to you on November 03, 2016 is still
outstanding in the amount of $ 551.00. If you have not received the check or it has been misplaced,
please fill out the attached affidavit. We will reissue you another check once the affidavit is received.
Please return the completed affidavit to:
Lorrie Barbee
1514 Mail Service Center,
Raleigh, NC 27699-1514
The completed affidavit must be returned before October 19, 2018, or this check will be escheated in
accordance with General Statute 116B and turned over to the State Treasurer's Office. Any further
claims will have to be made with the State Treasurer's Office.
Thank you for your attention to this matter. If you have any questions, please contact Lorrie Barbee at
[phone] or by e-mail at [e-mail].
Sincerely,
Lorrie Barbee
Ass't Manager - Gen Ledger Unit
State of North Carolina I Department of Transportation I Fiscal Section
1 South Wilmington St. 11514 Mail Service Center I Raleigh, NC 27699-1514
[phone] T

Watorkesources
�.wbcre�urs�ri rasE: �3tat,�t`r
8151i_I Z°93XI c l
rttit,
TasklZA,T � D
proved Ely,`' '` YDat e t -
Certified Mail #70151520 0002 6984 7894
Return Receipt Requested
Mr. Jason Joyce
NC DOT - Environmental Operations
PO Box 250
North Wilkesboro, NC 28659-0250
October 14, 2016
f Card
PAT AICCRORY
omew— 7
DONALD R_ VAN DER VAART
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215, I(a)(6)
and NPDES WW Permit No. NCO028606
Dear Mr. Joyce:
NC DOT - Environmental Operations
I-77 Rest Area Iredell County
Case No. LV -2016-0205
Iredell County
S JAY ZIMI MERXIAN
D'€e::4r
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $551.00 ($450.00 civil penalty +
$101.00 enforcement costs) against NC DOT - Environmental Operations.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by NC DOT -Environmental Operations for the month of May 2016. This review has shown the subiect facility
to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0028606.
The violations, which occurred in May 201.6, are summarized in Attachment A to this leder.
Based upon the above facts, I conclude as a matter of law that NC DOT - Environmental Operations violated the terms,
conditions or requirements of NPDES WW Permit No. NCO028606 and G.S. 143-215.I(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 lav, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division. of Water Resources, I, W. Corey Basinger,
Regional. Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against NC DOT -
Environmental Operations.
State ofNorth Carolina I Environmental Quality ( Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

100.00 1 of the 1 violations of 143-215.1.(a)(6) and Permit NoNC0028606, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for BOD - Cone.
$100.00 1 of the 1 violations of 143-215,1(a)(6) and Permit No.NC0028606, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for FCOLI BR.
$0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0028606, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for TSS - Conc.
250.00 1. of the 1 violations of 143-215, l(a)(6) and Permit NoNC0028606, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Conc.
$450.00 TOTAL CIVIL PENALTY
101.00 Enforcement Costs
$551.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 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 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 (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written..request for an administrative hearing
t
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
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: t
Wastewater Branch _ �• `
Division of Water Resources
161.7 Mail Service Center
1� Raleigh, North Carolina 27699-1617 'r

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(6) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management 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 r nest remission, you must complete and submit the enclosed "R uest for Remission of Civil Penalties.
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty_ days of receipi of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Reouest."
Both forms should be submitted to the following address:
Wastewater Branch.
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

option 3: File a etition for an administrative hearing with the Office of Administrative Hearin s:
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 Hearin s with all uestions renrdin the film 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 DEQ as follows:
Mr, Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above Mthin thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at (704) 663-21.92 or via email at [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville .Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2016-0205 County: Iredell
Assessed Party: NC DOT - Environmental Operations
Permit No.: NCO028606 Amount Assessed:S$ 51.00
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 pacts" 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 maybe granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 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 ivas 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
COUNTY OF IREDELL
IN THE MATTER OF ASSESSMENT }
OF CIVIL PENALTIES AGAINST )
NC DOT - Environmental Operations }
I-77 Rest Area Iredell County }
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
PERMIT NO. NCO028606 } CASE NO. LV -2016-0205
Having been assessed civil penalties totaling551.00 fi° violation(s) as set forth in the assessment document of the Division
of Water Resources dated October 14. 2016,�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 Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20

PERMIT:
NCO028606
FACILITY:
1-77 Rest Area Iredeil County
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation
Report
Date
Month/Yr Parameter
5/4/2016
5-2016 BOD, 5 -Day (20 Deg.
C) - Concentration
5/31/2016 5-2016 BOD, 5 -Day (20 Deg
C) - Concentration
5/4/2016 5-2016 Coliform, Fecal MF,
MFC Broth, 44.5 C
ATTACHMENT A
NC DOT - Environmental Operations
CASE NUMBER: LV -2016-0205
REGION: Mooresville
COUNTY: Iredeil
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
Weekly mg/l 45 88.80 97.3 Daily Maximum $100.00
Exceeded
Weekly mg/l 30 44.10 47.0 Monthly $250.00
Average
Exceeded
Weekly #/100m1 400 6000 1,400.0 Daily Maximum $100.00
Exceeded
5/4/2016 5-2016 Solids, Total Weekly mgA 45 52 15.6 Daily Maximum $0.00
Suspended- Exceeded
Concentration

STATE OF
COUNTY OF
AFFIDAVIT AND
INDEMNITY BOND
, being first duly sworn, deposes and says that check(s) numbered
in the amount of dated , allegedly issued by North Carolina
Department of Transportation, an agency of the State of North Carolina and drawn on the State Treasurer, and
allegedly made payable to the order of this (these) affiant(s)
has/have not been received by this affiant (please void and reissue),
,has/have been received by this affiant but has/have since been stolen or lost (please void and
reissue),
has/'nave been received by this affiant, but has/have since been destroyed (please void and
reissue),
has/have been examined by me and the first endorsement is not mine
that I (we) did not cash the check(s) and have never benefited in any manner from said check(s); that this (these)
affiant(s) seek(s) to have the State of North Carolina replace said check(s) and,
In consideration of the issuance of the replacement check(s) by the State of North Carolina, I(we) the
undersigned, am(are) held and firmly bound unto the State of North Carolina in the sum of
(an amount equal to the sum of the warrant(s) involved herein) to be paid to the State of North
Carolina, to the payment whereof, well and truly to be made, I(we) bind myself(ourselves) and each of my
(our)heirs, executors and administrators, firmly by these presents, so that if I(we), my(our) heirs, executors or
administrators, shall at all times save harmless and keep indemnified the State of North Carolina against any
claim, demand, loss or expense of any character, and against all loss and damages whatever that shall or may
result at any time to the State of North Carolina, or any agency thereof, arising out of and by reason of the
issuance to the undersigned of the duplicate check(s) in replacement of the check(s) herein above described, then
this obligation to be void and of no effect, otherwise to be and remain in full force and effect.
WITNESS my (our) hand and seal(s), this the _ day of
Last 4 digits of Social Security Number or Federal ID #
Subscribed and sworn to/before me this the
Notary Public
(SEAL)
Signature of Affiant
day of
My Commission expires: