NC0088684_Regional Office Historical File Pre 2018 (7)

ROY COOPER
Ga± emar
M!CHAEL S. REGAN
Secrecy
S. CAMEL SMITH
pimee©r
Certified Mail ## 70.18 0360 0002 2099 7095
Return Receipt Requested
.lames 1-{offman, Director ExecutiVe lntenrn
Daniel Jonathan Stowe Conservancy
6501) S New Hope Rd
Belmont, NC 28012
r+IORTH CAR©LINA
EnvirafJnentai Quality
September 10, 2020
SCT3J cT° Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(3)(6)
and. NPDES WW Permit No. NC0088684
1)aniel Jonathan Stowe Conservancy
Daniel Stowe Botanical Garden WTP
Case No. LV-2020M258
Gaston County
Dear Mr.. Hoffman.
ibis letter transmits a
+ 5112,70 en.forcemei
of Violation and assessment of civil penalty in the amount of $362.70 (fi250.00 civil penalty
against Daniel Jonathan Stowe Conservancy.
This assessment is based upon the following facts: a review has heen conducted of the Discharge Monitoring Report
(D"v'1R") submitted by Darnel Jonathan Store. Conservancy tsar the
io�rmitoring requements
emnrt. This review found ir�NPDES WW Permit
as shown the
suhject facility to be in violation of the discharge hmttatton�
No, NC0088684. The violations, which occurred in June 2020, are summarized in Attachment A to this letter.
Based upon the above, facts, 1 conclude as a rraatter of law that Daniel Jonathan Stowe Conservancy violated the terms,
conditions or requirements ofNPDES WW Permit No. NC0088684 and G.S. 143215.l(aX6) in the rnanner and extent
shown in Attachrne.nt A. In accordance with the maximums established by G.S, 143-21 5.6A(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.
➢ 43-2 15. l (a).
, F3�jcra 4

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary ofthe Department of Environmental Quality and the Director ofthe Division of Water Resources, 1, W. Corey.
Basinger, Regional Supervisor, Moores ille Regional Office hereby make the fo1loving civil penalty assessment against
Daniel Jonathan Stowe Conservancy:
$250.O0 1 of 1 violation ofGS. 143-215i(a)(6) and Permit No. NC0088684, by discharging waste water
into the waters ofthe State in violation of the Permit Daily Maximum for Solids, Total Dissolved
25000 TOTAL CIVIL PENALTY
12 70 Enforcement Costs
270 TOTAL AMOUNT DUE
Pursuant to (i.S, 143-21 56A(c), in determining the amount ol the penalty 1 have taken into account the Findings of I -act and
Conclusions ofLaw and the factors set forth at G.S. l43B-2821(b), which are;
2)
(3) The effect on ground or surface water quantity or quahty or on air qualiry,
(4( [he cost of rectifying the damage,
(5) The amount of money aed hv noncompliance;
(6) Whether the violation was commiued willfully or intentionally;
(7) The prior record ofthe violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cot to the State ofthe enforcement procedures.
(1) 1'he degree and extent of harm to the natural resources of the State, to the public heaRh, or to private property
resulting from the violation;
The duration and gravity oftheviolation;
\k ithin thirty (30) days of receipt of this notice, you rust do one fihe following:
(1) Submit payment ofthe penalty, OR
(2) Submit a ritten request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment ofthe penalty:
Payment should be made directly to the order ofthe Department o(En'ironnieivaL Quality (do not include van.er
forrnja Payment ofthe penalty will not foreclose further enforcement action for an continuing or new violation(s).
Please submit payment to the attention of;
Wasteater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699- 1617

Option 2: Submit a written request for remission or mitigation including a detailed Justification for sucb
request:
Please be aware that a request for remission is limited to consideratiofl ofthe ve factors listedOfl is henot the properlow s they may
relate to the .reasonableness of the amount of the civil penalty assessed Requestiflg remissi
procedure for contesting hether the violation(S) occurred or the accurac ofany ofthe factua statements contained in
the civil penalty assessment docurnent Because a rernissiofl request forectoses the optiofl of an administratiVe hearing,
such a request must he accompanied by a waiver ofyour right to an adrninistrte hearing and establishes a stipulashes why >ou
tion and
agreemeflt that no factual or legal issues are in dispute Please prepare a detailed statenient
believe the civil penalty should be remitted, and suhmit it to the Diviswn of Water Resources at the address fisted be1ow.
In determining whether a rernissiofl request will be approved the following, factors shall be considered:
() whether one or more of the civil penalty assessment tctors in NCGS 143B-282Wh was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly ahated continuing environmental damage resulting from the violation;
t3) whether the violation as nadvertent or a result of an accident:
(4) whether the violator had been assessed cii1 penalties for any preiOUS violations; or
S) whether payment of the civil penalty will prevent payment for the rernaniflg necessary reinedia! actions.
Please note that all evidence presented in support of your request for remiss rnust he subnufled in wn in wing the matter of
e
Director of the Division of Water Resources will review oLlr eidenCe and inform you ofhis decistt
our 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 Llanagenrent Com stonS Commiflee on Civil Penal
ty
Remissions (Cornmttee( Please be advised that the Committee cannot consider information that was not part of the
original remissin request considered by the Direetor. 1 herefore t is very important that you prepare a complete and
thorough staternent in support of your request for rernissiofl
In order to rust complete and for RemissiOn ofCivil Penalties,
V aiver of Right to ari Administrative l-{earing and Stiputation
notice. The Division of Water Resources also requsts that)ou complete and uhit the_enelosedatstiftction for
Remission ReuesL
Both forms should be submitted to the tlIoving address
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 276991617

Option 3; File a petition for an administrative hearing vith the Office of Administrative hearings:
If you wish to contest any statement in the attached assessment document you rnust file a petition for an administrative
hearing. You may ohtain the petition firm from the Office of Administrative llearings, You must file the petition with
the Office of Administrative Hearings withinthirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office ofAdministrative Hearings during normal office hours. The Office of Administrative
Hearings accepts things Monday through Friday between the hours of 8:00 a.rn, and 5:00 p.m., except for otficial stale
holidays. The peritwn may be filed byy tcsimi]e (fax) or electronic mail by an attached file (with restrictions} provided
the signed original, one (1) copy and a tiling fee (it a tiling fee is required by \CGS §150323.2) is received in the
Office of Administrative I-learings within seven (71 business days fo11oingthe faxed or electroni'. transmission, You
should contact the C)ffice ofAdministraie Hearin with aU questions regardingthe t9ling fee andor the details of the
tiling process.
The mailing address and telephone and fax numbers for the Office ofAdministraue Hearings are a
6714 Mail Service Center
Raleigh, NC 27699 6714
1e1 [phone]
Fax: (919)431-U00
One (1) cop' of the petition must alst) be served' on DFQ as follows:
\'lr. Williani F. Lane, General Coirnse!
Department of Enviroinienta1 Quality
1601 Mail Service Center
Raleigh, North Caroiina 27699160l
Please indicate the case number (as found on page one of this getter) on the petition.
0 \ 5
Failure to exercise one of the options ahoe within thirt (30) days of receipt of this letter, as evidenced by an internal
date nme received stamp ([101 a postinark), will result in this rnatter being referred to the Afometir Generals Office for
collection ofthe penalty through a civil action Please be advised that additional penalties may be assessed for iolations
that occur after the: review period of this assessment.
Lfyou have any questions, please contact Ori. fu'Ga with the Division ofVvater Resources staffofthe Mooresville Regional
Office at [phone] or via email at ori w\4a ncdenr go.
.\ 1 TACHMENTS
Sincere!,
L uSed
4f44tV 1
F16IA2D34A3
fo r
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville (Regional Office
Division of Water Resources, 'CDFQ
Cc. VvQS Mooresville Regional Office Enforcernent 1 ile
NPDES Cornpliance/Enforcernent [nit a Enforcement File

TUSTIFIC ATION FOR REi'4' ISS1pr RED
Case Number: LV-2020-0258
Assessed Party: Daniel Jonathan Stowe Conservancy
Permit No.: NC0088684
C
tr
Amount Assessed:
Gaston
Pee use this form when .requesting ren¢ssion ofthts civil penalty`. You must also complete the "Request For Rernassion,
Wcaiver ofRight to anAdministratiive Ilearing, andSlipulution ofFucts" form to request remission of this civil penairi'.
You should atkach any documents that you belreve support your request and are necessary for the Director to consider in
evaluating your request for rennission. Please be aware that a request for relnissiQn is limited to consideration ofthe five
factors listed below as they may relate to the reasonahleness of the amount ofthe civil penalty assessed Requestirtg.
remission is not the proper procedure for conlesting whether the violation(s) occurred or the accuracy of any of the facial
statements contained in the civil penalty assessment document. Pursua'at to L.0 G.S. § 1 43i-282.1(e) remission of a civil.
penalty may be granted only when one or more ofthe following five factors apply. Please check each factor that you.
believe applies to your case acid provide a detailed explanation, inckuding copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
penalty assessment factors in N=C.Gr'S= 1438-28J(b) were wrongfully applied to the
xsssessrnent.frxctors pare listed in the civil penally a.ssessment document)
(a) one or more ofthe
detriment of the pet.itione
(b) the violator promptly abated continuing environmental darnage resulting from the violation (Le, explain the
steps that you took to correct the violation and preventjuture occUrrences),
(c) the violata
something vou could not prevent or, prepcarewfar),
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment 6f the civfl penalty will prevent payment for the remaining necessary remedial actions (i.e.„ ex
how pavme.nt at penalty will prcwent ora hoxrz perfrorming the acfivitie raec°essar% to ac°hieve
compliance).
whl, tote Violation was ran
EXPLANATION:
dvertem or a result tilt an accident
p

1`1 01 NORTH O A
IN I"HF M1' I 1"R C F SI , MFNY1
I) Pw'l0 PF"Nl.,ei"IFS : \Ir1;
oruthazt o rser
I FR lI�1NO NCO( S3t,d i
ttav ng eet1 asses ed cisil reraa ties total ng 161,1i) for vi la i000 a set t r zhe ass smew tia � doLuru4 e r ion
asp" Water Resources dated September li? 01i . the Ord r l n d, deszrzn rc t
vdi e tine right to an admirrtstrative heariztg err the aho °e-stated m tttcr and dos tipulete that the I cts are as aloe ?ed r the
assessment document, Pl"he undersigned t°urther mderstands that all e idcnce preseztted in srtpport ntruuissiOrt l this rzvrl
pena t rust he Buhr fled ter the 1 lrectur ref the &his ion nt Watcr Resources s £ithan thirty 11�) days of receipt of the ttotrce
rz1 assessment, No tress evidence in support ot° a remiss on request s i he allossed afFer 30) days I"r rn the receipt of the
atotice za1 55CS5rrrent>
. ;
ADMINIS1 "FI
I I A11
III
lid
1 h s the .
1DFI..SS

PER i NC0088684
FACtLtTY Danet Stows BotafliCat Gardefl.
ATTACHMENT
ntJonathan Stoweof
GASE NU.. : 0258
it
SAMPLEt ii 001 Effluent
Unit Limit i� id Over
a ate Monthl Yr Parameter Freque1CY Measure Vatue Value , Li rmit
611 12120 6-2020 6a lid . Totl Di alv d l orally m 600
644
REGION:
vm
COUNTY: Gastafl
VoatOfl
Type
28a8 Oat y
txxmumm
Exceeded
PenatY
Ant
20.0

ROY COOPER
MlCHAEG 5. REGAN
tiFc x°�r,a :
S., DAN1:EL SMITH
Certified Mail # 7018 0360 0002 2099 7095
Return Receipt Reciuested
James Hoflrnan. Director Executive lute
Daniel Jonathan Stow Conservancy
6500 S New Hope Rd
Belmont, NC 28012
SUBJECT:
NC)f?JH CAROL`sNA
Enwironment�x! Quodtty
September 10, 2020
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (GpS,) 143
and NPDES WW Permit No, NC0088684
Daniel Jonathan Stowe Conser'yancv
Daniel Stowe Botanical Garden WTP
Case No, LV-20204)258
Ciiaston County
Hoffman:
5, I (a)(6)
This letter transmits a Notice of Violation and assessment ofctvrl penalty in the arnount of $362,70 (S250.00 civil penalty
+ 51 12.70 enforcement eosts) against Daniel Jonathan Stowe Conservancy,
is based upon the following facts: a r
conducted of the Discharge Monitoring Report
(DMR) suhmitted by Daniel Jonathan Stowe Conservancy for the ntonth o'f June 2020. This review has shown the
subject facility to he in violation of the discharge limitations and/or monitoring requirements found in NPDES WW 'Permit
No. NC0088684. "The violations, which occurred in June 2020. are summarized in Attachment A to this letter.
l3ased upon the above facts, 1 conclude as a matter of law that Daniel Jonathan Stowe Conservancy violated the terms.
conditions or requirements ofNPDES WW Permit No. NC0088684 and G.S. l 43-215.t(a)(6) in the manner and extent
shown in Attachment A. In aecordance with the maximums established by G.S.. 1 43-2 1 5.6A(a)(2), a civil penalty may he
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S,
1 43-2 l 5, h a.

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretan ofthe Department ofEnironrnena! Quality and the Director ofthe Dikion of Water Resources. 1, W. Corey
Basinger, Regional. Supervisor, Mooresville Regional Office hereby make the following civil penalty assessnient against
Daniel Jonathan Sto'e Conservancy:
250.00 1 of 1 violation ofG.S, 143-215.1(a)(b)and Permit No, NC0088684, by discharging waste water
into the waters ofthe State in violation ofthe Permit Daiy Maximum for Solids, Total Dissolved
5250.00 TOTAL CIVIL PENALTY
SI 1270 Enforcement Costs
$362.70 TOTAL AMOUNT DUE
Pursuant to (i.S, 143-215 6A(c). in dcterrnining the- amount ofthe penalty 1 have taken into account the Findings of Fact and
Conclusions of L.aw and the factors set firth at G.S. 1 43R-282i(h) which are
1) The degree and extent of harm to the natural resources ofthe State, to the public health, or to private property
resulting from the violalion;
(2) The duration and gravity of theviolation:
3) The effect on ground or surt'ace utter quantity- or quaIit or on air quality;
(4( lhe cost of rectifying the damage:
The atnount of money saed by noncornpliancc:
(6) Whether the violation was committed viIIru1k or intentionally:
(') The prior record ofthe violator in complying or failing to cnrnply with programs over which the EnironmentaI
Managernent ('ornrnission has regulatory authority: and
(8) The cost to the State of the enforcement procedures.
Within thirtv(30) day°s ofreeeipt of this notice. you must do one ofthe following:
(1 ) Submit payment of the penalty, OR
2) Submit a written request for remission, OR
(3) Submit a written request for an administrative. hearing
Option 1: Submit payment ofthe penalty:
Parnent should he made directly 10 the order of the Department of Environmental Quality (do ,iot 1 clue waiver
orrn) Payment ofthe penalty will not toreclose further enforcement action for an continuing or new ro1ation(s).
Please submit payment 10 the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27691617

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 Iiimted to consideration of the tie factors listed heio as hey may
relate to the reasonableness of the amount of the civil penat assesed. Requesting remission is not the proper
procedure for contesting whether the 'iokitionts) occurred or the accuracy ofany of the factual statetnents contained in
the civil penaltyassessment document. Because a remission request forecloses the option otan administratie hearing,
such a request must he accompanied by a aiver of your right Co an adininisnatke hearing and a stipulation and
agreement that no tactual or legal issues are iri dispute Please prepare a detailed statement that es1abIishe why you
believe the eiI penalty should be remitted, and suhrrrit it to the Diision of \Vater Resources at the address listed below,
In determining whether a remission request will he appro'ed, the following factors shall be considered:
' hether one or more of the civil penalty assessment factor in sCGS 1 13I3-282. 1(b) vas v rontLtll\
applied to the detriment of the petitioner;
(2y <hether the ' iolator promptly abated continuing environmental damage resulting from theviolation;
(3) whether the' lolation was inadvertent or a result of an accident
4) whether the ioIator had heen assessed civil penalties'for any previousviolations: or
(5) whether payment of the civil penaIt ill prevent panient for the remaining neceary remedial actions.
Please note that all eidence presented in support of your request for remission mList he suhrnitted in writing. The
Director of the Die ision of Water Resources will review our e' idence and inConn r ou of his decision in the matter of
your rein ksion request. The response itt provide details regarding the case status directions for pa ment, and
provision tor further appeal ofthe penalty to the Enironmenta] Management Commission's Committee on Civil Penalty
Remissions (Committee). Please he advised that the Committee cannot consider informaion that was not parr ofthe
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 relmssion.
In order t request rernission, you mu�t..coni, Fete,tjistsuhniit the enclosed Request for Renhis Qof Civil naLtes,
ofjjghLto an \dniinistrarie Hearing and Stipulation otfacts" form within thirty 3Oj days of receipt of tjiis
nonce. fhe I ry rsi�an of Water Resource also requests that e ou ennipiete and yubniit the encosed_Justfficanonfor
Remssion Rjjjst"
Both torrns should he suhmitted to the totloing address
Wastewater Branch
Division of Water Resources
R17 Mail Service Center
Raleigh, North Carolina 2769-16l

Option 3: File i petition for an administrative hearin v ith the Office of Administrative Hearinj
If you wish to contest any statement in the attached assessment document you must fle a petition for an adrninistrative
hearing. You may obtain the petition form from the Office ofAdmmistratie llearirigs. You must file the petition yvith
the Office of Adrninistrative Hearings within thirty (30) days of receipt of this riotiee. A petition is considered tiled
when it is received in the Office of Administrative Hearings during rtorrnal office hours. The Oftice of Administrative
Hearings accepts things vJonday through Friday heteen the hours of 8:00 am. and 5:00 p.m., except for official state
holida. The petition may he tiled by facsimile (fax) or electronic mail by an attached file (with restrktious) provided
the signed original, one ()) copy and a tiling fee (ifa tiling fee is required hy CGS §150B-23.2) is received n the
Office of Administrative (-leanings within seven (7) business das toIIoing the faxed or electronic transrnission. You
should contact the Office ofAdministrau'.e Flearings with alfLjenoflsreTardi1)gthe fihng fee and or the details of the
tiling process,
The iiaihng address and telephone and . numhers for the Office of Administrative Hearings are as follows:
6I4 \4ail Service (enter
Raleigh. NC 27699 6l4
[el (919)43i3000
Fa\: t 919)431-3100
One () copy of the petition must also he served on DEQ as oI Io s:
\lr, V illiarn F. Lane, General Counsel
Department of nvironmentai Quality
,0 1 \/IaiI Service Center
Raleigh. North (arolina 27699-101
Please indicate the case number i a found on page one of this le
cr) on Inc p
Failure to exercise one of the options abose vvithsn thirty 30) day of receipt of this letter. as evidenced h an internal
Jate tiine received stamp (not a postmark). will result in this matter heing referred to the Attorney Generals Office for
collection of the penalt through a civil action. Please he advised that additional penalties n)ay he assessed for violations
that occur after the review period of this assessment.
If you have any questions. please contact Ori 1 uvia with the Division of ater Resource staff of the \1oores ille Regional
Otfice at 704) 663-1699 or via email at ori.tu ia ncdenrgov
\FTAC[{M[NTS
Sincerely,
by
4..Su4i .I P4-4
4A
for
W. Corev Basinger. Regional Supervisor
Water Quahty Regional Operations Section
\400resi11e Regional Office
Di ision of \Vater Resources. NCDFQ
(..: WQS fvtooresville Regional Oftice Lnlorcernent File
NPDES CompIiance/[nforcement Lnit - Enforcement File

Case Number:
Assessed Party:
Perrnd No.:
JUSTIFICATION FOR REMISSION REQUEST
LV"-2020-0258
Daniel Jonathan Stowe Conservancy
NC0088( 84
Please use this form when requesting rent
11 ah'er of R::ght to an -ldnainistratisa'e N( ar
You should attach anv documents that you
evaluating your request for remission. Ple
ion of this civil p
t
County- Crast.on
Amount Assessed: S362.70
�o complete the "Request !or Remission,
to request rerrt'ission of this civil penalty,
upport your request and are necessary for the Director to consider in
he aware that a request for remission is lirited to consideration of the five
factors listed below as they spay 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 civit penalty° assessment doeument. Pursuant to NtiC.G,S,. § 14.3B-282J(cs), remission ofa civil
penalty may be granted only when one or more of the following live factors apply. Please check each factor that you
believe apphes to your case and provide a detailed expianation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessrnent factors in N,C.Ci.S
detriment of the petitioner rthanI. nt to to, arcs h4°uJ in the
l f3B-282.1(b) were wrongfully applied to the
hail peru ltt assessment d0euanen1):
b) the violator prontp'tly ahated continuing environmental damage resulting front the violati
steps chat l'ou took to correct the L 0ia
a and prcv°enr lutidre OcC'urreneeSJ„`
(c) the violation as inadvertent or a result of an accident (Le., e,aploin wJ
sc�nietitirr"g' you could not prevent or preparee jor);
(d) the violator had not been assessed civil penalties for any previous vi.
payment of the civil penalty wilt prevent payrnent for the remaining necessary remedi;
04 paimL'nt critlre ivit penuityf 0 ill pre.'t 'ft .t„nag frOart P'c'r:1'iarrraiHg t}ie ckiit•�itic!s rrecescwuti,
mpiiancef
EXPLANATIOti:
r tht
ctsons (tse., txpiwn

pent
cat asess7
raotie of
CENT" OF i.\TON
t`R it.. 1.. L NA [ IE k
i E , Jonathan toe wmer nc
Daniel Starve Botanical Carden°MIP
P Tl l \(}. N(°t)tT d
Pl, [ MEN T ° Via\\ [RONME,N 1 A .E Qt 1.1 T Y
t F RT 'F"
r" M N1S: RA[!.%F H F ,.ARIN �& D
L I m.= FI N F "T
having peen assessed t6 pcn hies totahnL $362,70 hr violatkon( ) as set farm in the assessment document of the [)ivision
of Vvater E esotrrcts dated Septrrnher 1 ; 7C)7Ci, the undersigned, desiring a seekk remission of the cisi1 penafv, dots tiera
the right tta to sdnrinistrtt.ive kIC In . in the tahove-stated matter and does stiptt[ate that tht facts art tas aklLed in the
meat document.. The rmdersigtaed feather understands that ail tvadence presented ita :support catrernission of his cis i
c must Eat su rnitted to the Direetc r cattlat Division cat `ater l eso tree - hhita thirty i`, iai dais catr ceipt oftEae taotice
N. ryes esidence ita support of s remission re t test sill he aUossed attar i 3t) clas s'f t n tPi receipt caf the
This the day° caf
A t)L RI
iN A
eRE

PERMIT: NC0088684
ATTACHMENT
Daniel Jonathan Stowe Conservancy
CASE NUMBER: LVF202 -02 8
F,CILIT`y: Daniel Stowe BotanicaI n WTP
if VIOLATON(S)
REGION: MoorasvUe
COUNTY Gaston
SAMPLE LOCATON Ouffafl001 Effluent
Viultln Report Urt of Lmt Catculated% Over Violtlen
Date MonthfYr Parameter Frequency Measure Value,. Value Ls It Type
6t16 2020 6-2020 Soiid : Tota9 i issoled
Month y
mg1!
4
28 8

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Daniel Jonathan Stowe ConservanC
Facility Name Daniel Stowe Botanical Garden VTP
Permit Number: NC0088684
County: Gaston
Case Number: LV-2020-0258
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;
None documented. However, the discharge of treated wastewater in excess of permit limitations has the potential to
adversely impact natural resources.
2) The duration and gravity of the violation;
As documented in Attachment A.
3) The effect on ground or surface water quantity or quality or on air quality;
None documented. However, the discharge of treated wastewater in excess of perrnit limitations has the potential to
adversely impact surface waters.
4) The cost of rectifying the damage;
Unknown.
5) The amount of money saved by noncompliance;
Unknown
6) Whether the violation was committed wiUfuily or intentionally;
Not suspected to be willful or intentional,
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
Violation Report Violation
Date Period Parameter Type
NOD
NOV CPA
4/16/2020 4-2020 Solids. Total Dissolved
Daily Maximum
Exceeded
NOV-2020-LV-0470
5114/2020 5-2020 Solids, Total Dissolved
Daily Maximum
Exceeded
NOV-2020-LV-056 1
Other Violation
Violation Report
Date Period Parameter
2127/2020
Violation
Type
NOD
NOV
Permit conditions
violation
NOV-2020-PC-0246
CPA

} The east to the Sta
1230
he enforcement procedures.
.10. 2O2
Date
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville RegionaL Office
Division of Water Resources, NCD'