NC0088684_NOV-2020-PC-0246_20200527

DocuSign Envelope ID: 1313AOC9-E741-4413-83F1-801D77EC52AD
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL #:
RETURN RECEIPT REQUESTED
Ms. Elena Potter
Daniel Jonathan Stowe Conservancy
6500 S New Hope Road
Belmont, NC 28012
Dear Ms. Potter:
NORTH CAROLINA
Environmental Quality
5/27/2020
Subject: Notice of Violation NOV-2020-PC-0246
Failure to Submit Discharge Alternatives Evaluation
Daniel Stowe Botanical Garden WTP
NPDES permit NCO088684
Gaston County
Per the terms of your NPDES permit found in Part I, Condition A. (2), you were required to
submit a Discharge Alternatives Evaluation to the Division along with the submission of the next
permit renewal application due 6 months prior to permit expiration on August 31, 2020. Our
records indicate that as of the date of this letter, the Discharge Alternatives Evaluation has not
been received.
Failure to submit a Discharge Alternatives Evaluation to the Division is a violation of the terms
of your permit, subjecting you to a possible assessment of civil penalties. In order to reduce the
risk of receiving additional enforcement action, you must complete and submit a Discharge
Alternatives Evaluation.
Based upon the above facts, I conclude as a matter of law that the Daniel Jonathan Stowe
Conservancy violated or failed to act in accordance with the requirements of NPDES Permit
NCO088684 and G.S. 143-215.1(b). 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. 1 (b). 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).
If you wish to provide additional information regarding the noted violations and prevent further
action, please respond in writing within ten (30) days of receipt of this notice.
Please ensure that the Discharge Alternatives Evaluation is sent in to the Division. A review of
your response will be considered and you will be notified of any civil penalties that may be
D Q713—�
3 North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CPAOLINR �
O.M, .^t M F.W. W uuA 919.707.9000

DocuSign Envelope ID: 1313AOC9-E741-4413-83F1-801D77EC52AD
Mr. Hudson
Page 2 of 2
assessed regarding these violations. If no response is received in this Office within the 30-day
period, a civil penalty may be assessed.
If you have any questions about this letter or discharge monitoring reports, please contact
Brianna Young at 919-707-3619 or via e-mail at [e-mail].
Sincerely,
DocuSigned by:
8328B44CE9EB4A1...
S. Daniel Smith, Director
Division of Water Resources, NCDEQ
cc: Central Files
NPDES Program Files
Mooresville Program Files