NC0085120_Regional Office Historical File Pre 2018 (2)

Certified Mail #7018 0360 0002 2099 2038
Return Receipt Requested
Jason Collinsworth
Lowes Horne Centers,
711 Tomlin Mill Rd
Statesville., NC 28625
SUBJECT:
January 8, 2020
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.)1.43-215. a)(6)
and N"PDES WW Permit No. NC00851.20
Lowes Companies, Inc.
Iredell Distribution Center WWTP
Case No. LV-2020-0015
Iredell County
Dear Mr, Collinsworth:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount af 576028 650.00 civil penalty
4- $110,28 enforcement costs) against Lowes Companies, Inc,
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Lowes Companies, Inc.. for the month of April 2019. This review has shown the subject facility to
be in violation of the discharge limitations andlor monitoring requirements found in NPDES WW Permit. No, NC0085120.
The violations, which occurred in April 2019, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Lowes Companies, Inc. violated the terms, conditions or
requirements of NPDES WW Permit No, NC0085120 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. 143-21.5.6.A(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.
143-21.5.1(a).
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Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
Lowes Companies, Inc:
$100.00 J of 1 violations of G.S. 143-215,1(a)(6) and Permit No. NC0085120, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for BOB, 5-Day (20 Deg, C)
- Concentration
$100.00
$100.00
$100.00
_00
1 of 1 violations of G.S. 143-21.5.1(a)(6) and Permit No. NC00851.20, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Coliform, Fecal MF,
MEC Broth, 44,5 C
1 of I violations of G.S. 143-215. (a)(6) and Permit No. NC0085120, by discharging waste water
into the waters of the State in violation atilt Permit Daily Maximum for Nitrogen, Ammonia
Total (as N) - Concentration
1 of 1 violations of G.S, 143-215.1(a)(6) and Permit No. NC0085120, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Solids, Total Suspended
- Concentration
1 of 1 violations of G.S, 143-215A (a)(6) and Permit No. NC0085120, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia
Total (as N) - Concentration
$650.00 TOTAL CIVIL PENALTY
$110.28 Enforcement Costs
$760.28 TOTAL AMOUNT DUE
Pursuant to G.S. 14.3-215.6A(c)., in determining the amount of the penalty 1 have taken into account e Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 1.43B-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) 'File prior record of the violator in complying or failing to comply with progranis over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures,

Within thirty (30) days ofreceipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
—77). Payment ofthe penalty will not foreclosefurther enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater 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 such
request:
Please be aware that a request for reinis.sion 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 statementscontained 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 civii penalty assessment factors in CGS i43B282,l(h)waswrongfuliy
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 rnatter 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 .Environm.ental .Management Corn.mission'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.

Inorder o re est remission ou must complete and submit the enclosed "Ret for Remission of Civil Pena1tie,
Waiver of Right to an Administrative Hearing, and St' u ation of Facts" fo in thirty 30
notice, The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request,"
Both forms should be submitted to the following address:
Wastevvater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699- I 61 7
Option 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 t„his notice. A petition is considered filed
when it is received in the Office of Administrative Hearingsduring normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and .5:00 pan., except for official state
holidays, -rhe petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (I) copy and a filing fee (if a filing fee is required by NCGS .5150B-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 a11estions regarding the .filingfee and/or the details ofthe
fihiflgprocess,
'Fbe mailing address and telephone and fax numbers for the Office ofAdministratie Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
'fel.: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as .follows:
Mr„ William F. Lane, 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 within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark). Will result in this matter being referred to the 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,

ou have any questions, please contact Wes Bell with the Division of WaterResources staff of the Mooresville Regional
Office at [phone] or via email at wesbelignirdenr,gov,
ATTACHMENTS
Sincerely,
\--A14CC681AF27425,
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
WQS Mooresvil e Regional Office - En
NPDES Compliance/Enforcement
File (1 che)
cement File (Laserflche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0015
Assessed Party: Lowes Companies, Inc.
Permit No.: NC0085120
County: lredell
Amount Assessed: $760,28
Pleaseuse this form when requesting remissionof this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" formto 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 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 assessmentfixtors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation .e.. explain the
steps that you took to correct the violation andpreeentfuture occurrences),-
(c) the violation was inadvertent or a result of an accident explain why the violation was unavoidable or
something yo 14 could not prevent or.prepare
(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 perlbrming the activities necessary to achieve
compliance),
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF IREDELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Lowe s Companies, inc.
Iredell Distribution Center WWTP
PFRMITNO, N(0085120
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
MINISTRATIVE HEARING AND
STIPULATION OF FACTS
i
CASE NO. LV-2020.0015
Having been assessed civil penalties totaling $760.28 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 8, 2020the 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 doom -lent 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 y, 20
ADDRESS
SIGNATURE—
TELEPHONE

PERMIT: NC0085120
FACILITY* bedsit Distribution Cente
irr VIOLATION(S)
ATTACHMENT A
Lowes Companies, Inc.
CASE NUMBER: LV-2020-0015
SAMPLE LOCATION: Ouffall 001- Effluent
Violation Report
Date Month/Yr Parameter
REGION: Mooresville
COUNTY: !rebel!
Unft of Limit Calculated %Over
Frequency Measure Value Value Lunt
Violation Penalty
Type Amount
4/5/2019 4-2019 BOD, 5-Day 20 Deg Weekly mg/I 45 69 2 53 8 Daily
C) - Concentration
4/5/2019 4-2019 Conform, Fecal ME,
MFC Broth, 44.5 C
Weekly
00ml 400 2,419.6
4/5/2019 4-2019 Nitrogen, Amm rga 'Weekly
Total (as N) -
Concentration
4/ 0/2019 4-201 Nitrogen, Amm
Total (as N) -
Concentration
4/5/2019 4-2019 Solids, Total
Suspended -
Concentration
Maxnurn
Exceeded
504 9 Day
Maximum
Exceeded
31,50 77 95
$100_00
$100 00
147,5 Day
Maximum
Exceeded
$100 00
Weekly mg 6 30 1314 108 5 Monthly
Average
Exceeded
Weekly mg/I 45
63.6 Day
Maximum
Exceeded
$250 00
$100.00

LIMA CULPEPPER
DOOM*
Certified Mali #7018 0360 0002 2099 2014
Return Receipt Requested
December 3, 2019
Jason Collinsworth, Maintenance Manager
Lowes Home Centers, Inc.
711 Tomlin Mill Road
Statesville, NC 28625
SU 3E NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENA
Tracking Number: NOV-2019-LV-0905
Permit No. NC0085120
Iredell Distribution Center WVVTP
Iredell County
Dear Mr. Collinsworth:
A review of the April 2019 Discharge Monitoring Report
indicated below:
Limit Exceedance Iriolation(s):
Sample
Location Parameter
D R fo
he subject facility revealed the violation(s)
Limit Reported
Date Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg. C) - 4/5/2019 45 69,2 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent Coliform, Feca MF, MFC Broth, 4/5/2019 400 2,4 9.6 Daily Maximum Exceeded
44.5 C (31616)
001 Effluent Nitrogen, Ammonia Tote (as 4/5/2019 31.5 77.95 Daily Maximum Exceeded
N) - Concentration (C0610)
001 Effluent Solids, Total Suspended 4/5/2019 45 73 64 Daily Maxirnum Exceeded
Concentration (C0530)
001 EffluentNitrogen, Ammonia Tota (as 4
N) - Concentration (C0610)
6.
onthly Average

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff, Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Wes Bell of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
DocuSigned by:
Al4CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
WQS Mooresville Regional Office - Enforcement File (Laserfiche)
NPDES Compliance/Enforcement Unit - Enforcement File (Laserfiche)
'‘``

) VISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Lowes Companies Inc
Facilit Name: Iretlell Distribution Center TP
Permit Number: NC0085120
County: Iredell
Case Number: LV-2020-0015
ASSESSMENT FACTORS
I) 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;
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2) The duration and gravity of the violation;
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3) The effect on ground or surface water quantity or quality or on air qtiality.
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4) The cost of rectifying the damage;
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5) The amount of money saved by noncompliance;
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6) Whether the violation was committed wiltfuHy or intentionally;
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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
NOD-20 I '7-ILV-0059 — Ammonia .(DMV)— January. 2017;
Case # IN-2017-0265 — TSS (DiV1Vs & MAV) and Ammonia (DMV & MAV) — April 2017;
Case # LV-2017-0285 — BOD (DMV) and Fecal Coliform (JAW) — May 2017;
Case LV-2019-0123 — TSS (DMVs & MAV), Ammonia (DMVs & MAV) and Fecal Coliform (DMVs — Mareh 2019
8) The cost to the State of the enforcement procedures.
$110.28
Enforcement Cost:
1 hour staff time $ 36,19
1 hour supervisor time. ......„.$ 59.09
Administrative staff cost_ „ „....,„„.$ 15.00
Trit6 FnfnrremPnt Coct C lin 2 2
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ