NC0085120_Regional Office Historical File Pre 2018 (3)

ROY COOPER
MICHAEL S. REGAN
ecrrar y
LINDA CULPEPPER
)ire(
Certified Mail #701,8 0360 0002 2099 1789
Return Receipt Requested
Jason Collinsworth, Maintenance Manager
Lowes Home Centers, Inc.
711 Tomlin Mill Rd
Statesville, NC 28625
NORTH CAROLINA
Environmental Quality
June 11,2019
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215,1(a)(6)
and N.PDES WW Permit No. NC0085120
Lowes Companies Inc
Iredell Distribution Center WWTP
Case No, LV-2019-0123
Iredell County
Dear Mr. Collinsworth:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,21138 ($1,100.00 civil
penalty + S111.38 enforcement costs) against Lowes Companies Inc.
This assessment is based upon the following facts: a review has been conducted or the Discharge Monitoring Report
(DMR) submitted by Lowes Companies Inc for the month of March 2019. This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No, NC0085120.
The violations, which occurred in March 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. 143-215.6A(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.
143-215.1(a).
N,:,rtr., Deit,ertme,rt of En VTVIMe,,,,la, q.4.e.:11., I 2vi,.;ort ,Df "Neale
e Reg ,:-r^,c Oft oe I 61C, Esa Z.er,ter Si., le '3C1 Moo! esv-;' e, '":74N. 6115
77,4 -663-1699

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, I, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
Lowes Companies Inc:
$200.00 2 of 2 violations of G.S. I 43-215.1(a)(6) and Permit No. NC0085120, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Coliform, Fecal MF,
MFC Broth, 44.5 C
$200.00
2 of 2 violations of G.S. 143-215.1(a)(6) and PermitNo. NC0085120, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Nitrogen, Ammonia
Total (as N) - Concentration
$200.00 2 of 2 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
$250.00
$250.00
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 Monthly Average 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 Monthly Average for Solids, Total
Suspended - Concentration
$1,100.00 TOTAL CIVIL PENALTY
S111.38 Enforcement Costs
.38 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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The degree and extent of hann to the natural resources of the State, to the public health, or to private property
resulting from the violation;
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
The cost to the State of the enforcement procedures.

Within thirty (30) days of receipt of this notice, you must do one of the folio
(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
fortn), Payment of the penalty will not foreclose further 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 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 administrativehearing,
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 penaltyassessment 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. acttons
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
Rernissions (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 Resources also requests that you complete and submit the enclosed "Justification for
Remission Request"
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-16 7
Option 3: File a petition for an administrative hearing with the Office Adnainistrative 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 recei.ved in the Office of Administrative Flearings 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 tiled by facsimile (fax) or electronic mail by an attached file (with restrictions) - provid.ed
the signed original, one (1) copy and a tiling fee (if a filing fee is required by INICGS §.150B-23.2) is receivedin 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 fi ling 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:
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, 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 le . . e 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 he 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
Office at [phone] or via email at es.bell ncdenr.gov.
ATTACHMENTS
Sincerely,
L
A
FtBiFB6B8
es staff of the Mooresville Regional
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
CcWQS Mooresville Regional Office - Enforcement File Laserfiche)
NPDES Compliance/Enforcement Unit- Enforcement file (Laserfich )

Case Number:
Assessed Party:
Permit No.:
JUSTIFICATION FOR REMISSION REQUEST
LV-2019-0 1 23
Lowes Companies Inc
NC0085120
County: Iredell
Amount Assessed: L21L38
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 retnission. 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-2.82.1(b) were wrongfully applied to the
detriment of the petitioner (the assessmentfactors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., expiain the
steps that you took to correct the violation and prevent future occurrences);
(e) the violation was inadvertent or a. result of an accident (Le., explain whythe .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 ie., explain
haw payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH 11 R IN : D PAR `F F "" F ENVIRONMENTAL QUA l 1T
COUNTY OF IRUDELL
iN THE MAT`1'ER 0: ASSESSMENT
OF CIVIL. PENALTIES S AGAINST
Companies Inc
dell Distribution Center wwrp
PERMIT NO NC0085 120
WAIVER OF RIGHT TO AN
ADNIINISTRATIVE H 1RING S
STIPUIATION OF FACTS
CASE NO. )1 -fit
Having been astessed civil penalties tottalir 51,E 1'l„l8 for violation(s) as set forth in the assessment document of the
ion of Water Resources dated June 10, 2019, the undersigned, desiring to seek remission of the civil penalty, does
� Deby 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 Bs ideuce presented in support of
remission of this civil penalty must be submitted to the Director of the Division art 7rater Resources within thirty (30) day
of receipt of the notice of assessment No new evidence in support of a remission req.est will be allowed ;Mier t4 3 dais
liorrt the receipt of the notice of assessment.
the
da)" o`
SICC NATURE I RI
ADDRESS
ON

ATTACHMENT A
Lowes Companies Inc
CASE NUMBER: UV-2019-0123
PERMIT: NC0085120
FACILITY: Iredell Distribution Center WWIP
MIT VIOLATIONS)
REGION: Mooresville
COUNTY: Iredell
SAMPLE LOCATION; Duffel! 001 - Effluent
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
3/8/2019 3-2019 Coliform, Fecal MF, Weekly #I1 00ml 400 2,419,6 504,9 Daily
Maximum
Exceeded
MFC Broth, 44,5 C
$100 00
3/15/2019 3-2019 Coliform, Fecal MF, Weekly #/1 00ml 400 2,419.6 504.9 Daily
Maximum
Exceeded
MFC Broth, 44 5 C
$100 00
3/15/2019 3-2019 Nitrogen, Ammonia Weekly mail 35 67.2 92 0 Daily
Total (as N) - Maximum
Concentration Exceeded
3/2112019 3-2019 Nitrogen, Ammonia Weekly mgil 35 43.79 25,1 Daily
Total as N) - Maximum
Concentration Exceeded
$100 00
$1 0 00
3/31/2019 3-2019 Nitrogen, Ammonia Weekly mg/ I 27.97 472 Monthly
Total (as N) Average
Concentration Exceeded
3/8/2019 3-2019 Solids, Total
Suspended
Concentration
3/15/2019 3-2019 Solids, Total
Suspended -
Concentration
$250 00
Weekly mgf 45 118 162,2 Daily
Maximum
Exceeded
Weekly mdil
45 1,321 7 2 837 1
Daily
Maximum
Exceeded
313112019 3-2019 Solids, Total
Suspended
Concentration
Weekly mg/I 30 253,43 744 8 Monthly
Average
Exceeded
$100 00
$100 00
$250 00

ROY COOPER
MICHAEL S. REGAN
LINDA CULPEPPER
Certified Mail #7018 0360 0002 2099 1789
Return Receipt Requested
Jason Collinsworth. Maintenance Manager
Lowes HomeCenters, Inc.
711 Tomlin Mill Rd
Statesville, NC 28625
tk
NORTH CAROLNA
Environmental Quallry
June 1 2019
SUB Notice of Violation and Assessment of Civil Penalty
tbr Violations of North Carolina General Statute (G.S.) 143-215,1(a)(6)
and NPDES WW Permit No. NC0085120
Loves Companies Inc
Iredell Distribution Center WWJT'
Case No. 1,V-2019-0123
lredell County
Dear Mr, Collinsworth:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,211.38 ($1,100,00 civil
penalty + $111.38 enforcement costs) against Lowes Companies Inc.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
([)MR) submitted by Lowes Companies Inc for the month of March 2019. 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, NC0085120,
The violations., which occurred in March 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. 143-215.10)(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),
P a 1 EE4, Etts Ett ef,,taQ4#4t. D##rfWe 4 SEttv
ttt: Ettltt, ; tE0E4 S c*, SIC E Eva ClittE t S,Q SQl. %,":4,f1, N QtV', -
734-ESS -le 9

Based upon the above findings of fact and conclusions of LiW , 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
Fowes Companies lne:
$200,00 2 of 2 violations of C.Q.S. 143-2 15.1(a)(6) and Permit No. NC0085120, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum fur Coliform, Fecal MF,
NIEC Broth, 44.5 C
$200.00 2 of 2 violations of G.S. 1.43-215.1(a)(6) and Permit N. NC0085120, by discharging waste water
into the \vaters of the State in violation of the Permit Daily Maxitnum for Nitrogen, Antroonia
Total (as N) - Concentration
$.,20000 2 of2 violations of G.S. 143-215.1(a)(6) and Permit No, NC0085120, by discharging askWwater
into the waters of the State in violation of the Permit Daily Maximum for Solidsjotal Suspended
Concentration
$250.00 1 of 1 violations of G.S. 143-2 I 5.1(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
S250.00
1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NCOOSS 120. by discharging waste water
into the Waters of the State in violation oldie. Permit Monthly Average for Solids, Total
Suspended - Concentration
$1,100.00 TOTAL CIVIL PENALTY
$111.38 Enforcement Costs
$1,21.1.38 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 and the factors set forth at C.S. 1.4313-282.1(b), which are:
(1) The degree and extent of harm to the tatural resources of the State, to the public health, or to private property
resulting from the violation;
(2) f he 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;
(() Whether the violation was committed willfully or intentionally;
(7) 'Fhe prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatoly 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
Option 1: Submit payment of the penalty:
Payment should be made directly, to the order of the Department. of Environmental Quality (clo no' include waiver
Payment of the penalty will not foreclose further 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 27699-161 7
Option 2.: Submit a written-equest 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 (Attie 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 listedbelow.
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 M.7GS 14313-282.1(h) 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 oldie Division of Water Resources will review your evidence and inform you of his decision in the matter of
y our remission request. 'Fhe 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 Resources alsorequests that youcomplete and submit the enclosed "Justification for
Remission Request."
.13oth 'forms should be submitted to the following a.ddress:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh. North Carolina 27699-'1617
Option 3: File a petition for an adtninitrativc hearing with the Office of Ad inistrative 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 flearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.rn. and 3;00 pan., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail hy an attached file (with restrictions) - provided
the signed original. one (.1) copy and a tiling tee (if a filing fee is required by NCGS §I 50B-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 ( uestions re mrd. Y I .'ee andior the detailsot the
filing process.
The mailing address and telephone and fax numbers 'for the Office ofAdministrative Hearings are as
6714 Mail Service Center
Raleigh, NC :27699 6714
Tel: [phone]
Fax: [phone]
One ( 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 iher (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 ofthis letter, as evidenced by an internal
dateltime received stamp (not a postmark), will resultin 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 maybe assessed 'for violations
that occur after the review period of this assessment..

laav aii cicresticans. please contact Gov"es cell itl tote l ision of Water Resources tr ft" of the M �t
w at (704) 1ct? or pia email at we henry' !nc.dcnr..o .
N"I°
S
ors.iif f
"cata rpliancr't File 1
asinger, e orial Supervisor
at
y Regional Operations Section
Moores le Regional Office
1 ivi titan of ate Resources, NC[M t

.,JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-201.9-01.23
Assessed 'Party: Lowes Companies Inc
Permit No.: NC00851 20
County: Iredell
Amount Assessed: $1.211.38
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, ttnd Stipulation of Fac,ls" 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 he 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.(1,S, 143.13-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment doctunent)
(h) 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 ti e., explain win, the violation was unavoidable or
something you could trot prevent or prepare •),
(d) the violator had not been assessed civil penalties. for any previous violations;
(e) payment of the civil penalty ‘vill prevent payment for the remaining necessary remedial actions ri.e., explain
how parvtrent of the c ivil penalty will prevent .3,!o11 from pu/omini; the activities' necessary to ac hieve
compliance),
.EXPLANATION:

"L1 \11 (11°, t3 ``1.1C R)1 INA
IN 11Ilf 4A0.1"Ll t91' AS .I.;SSMIsN.1,
t 1; CI\1111 P1128 Al.` 11 :^ d;0AlNS1,
Contpnnie Inc
I red ell Il
Center i%"4VTP
;RM11" NOi NC0085120
in etr
1ii
.nch),;:,
dinthcas
fission of
)1:P't.R'r , L NT 1= 1 i r'IRON EN1 L. QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING ANT
STIPULATION OF FACTS
CASE NO. TV-2019-012
esse l forth in thy: ss :.ssmen t docu cn t cal` tl
r° eson es dated June 1 ta, Ci I , the ttndersl lied, desiridoe .
the note
an admnnknati e bearing in the above -stated matt r and does stip&ll to tl ttt the facts are
doeu►t ent. The undersigned further understands that all eVidence presenters in support of
lust be ied to the I iree.t.or of the Division of Water Resources ithitt thirty
n support ot a remission request i11 he a,11ca gyred after I. tat days
r rn the receipt of the notice
she day ral° 20
ESS
aNA (RE
1~;PIIONU

PERMIT: NC0085120
1
FACILITY: Ir ell Distribution Cente
ITVIOLATIONS)
SAMPLE LOCATION: Outfall 1 - Effluent
Violation Report
Date Month!VrParameter
ATTACHMENT A
Howes Companies Inc
CASE NUMBER: LV-2019-0123
REGION: Mooresville
COUNTY: lredell
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
2019 3-2019 Conform, Fecal MF; Weekly #1100m1 400 2.419„6 504,9 Daily
MFC troth. 44.5 0
3115/2019 3-2019 Coluform, Fecal MF;
MFC Broth, 445
Weekly
3/15121 19 3-2019 Nitrogen, An unonia Weekly
Total (as N) w
Concentration
fvraxumum
Exceeded
$100,00
#/100m1 400 2,41 :5 504.9 Daily
Maximum
Exceeded,
mg11
35
67.2
92.0
Daily
Maximum
Exceeded
$1 00.00
$100,00
3.21/2019 3-2019 Nitrogen, Ammonia Weekly mgfl
Total (as N)
Concentration
43.79 25.1 Daily
Maximum
Exceeded
$10t}.©0
1l2019 3 2019 Nitrogen, Ammona
Total (as N
Concentration
3 812t 19 3-2019 Solids, Total
Suspended -
Concentration
/2019 3-2019 Solids. Total
Suspended-
Concentration
Weekly mgli
Weekly mg l;
27.97 47.2 Monthly
Average
Exceeded
45 115 12.2, Daily
Maximum
Exceeded
Weekly rra,°l 45 1321.7 22537,1 Daily
Maximum
Exceeded
112019 3-2019 Solids, Total
Suspended-
Concentration
Weekly mgfl 30 253.43 744.8 Monthly
Average
Exceeded
$250.00
00.00
00 00
250.00

ROY COOPER.
Governor
MICHAEL S. Octry
LINDA CULPEPPER
airtoof
Certified Mail #7018 0360 0002 2099 1758
Return Receipt Requested
May 6, 2019
Jason Collinsworth, Maintenance Manager
Lowes Horne Centers, Inc.
711 Torn inMill Road
Statesville, NC 28625
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0324
Permit No. NC0085120
Iredell Distribution Center WWTP
Iredell County
Dear Mr. Collinsworth:
A review of the March 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter Date Value Value Type of Violation
Limit Reported
001 Effluent Conform, Fecal MF, MFC Broth, 3/8/2019 400 2,419.6 Daily Maximum Exceeded
44.5 C (31616)
001 Effluent Solids, Total Suspended - 3/8/2019 45 118 Daily Maximum Exceeded
Concentration (C0530)
001 Effluent Coliform, Fecal MF, MFC Broth, 3/15/2019 400 2,419.6 Daily Maximum Exceeded
44.5 C (31616)
001 Effluent Nitrogen, Ammonia Total (as 3/15/2019 35 67.2 Daily Maximum Exceeded
N) - Concentration (C0610)
001 Effluent Solids, Total Suspended - 3/15/2019 45 1,321.7 Daily Maximum Exceeded
Concentration (C0530)
Aveaaav, St e 301 j oofenv + „ Non* Ci?ohn» 2.8115

Limit Exceedance Violationfs11
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Nitrogen, Ammonia Total (as 3/21/2019 35 43.79 Daily Maximum Exceeded
N) - Concentration (C0610)
001 Effluent Nitrogen, Ammonia Total (as 3/31/2019 19 27.97 Monthly Average Exceeded
N) - Concentration (C0610)
001 Effluent Solids, Total Suspended - 3/31/2019 30 253.43 Monthly Average Exceeded
Concentration (C0530)
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 (525,000.00) 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. no
response is received in thisbWe within the 10-day period, a civil penalty assessment may
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 Spedal 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.
NOrtkCamttta ttepvt mem 4 Enviromment4 QuaLty I DAi4vm Wow R*sotaroes
4kto re svOtt Aet4rtal (*c* SIC tast. Celraim ,4yerw,6, Ste 301 Mss 44+ith•Cara 28115
704,3-1€99

you have any questions ounceming this rr tter or to apply for an SOE, please contact Wes I of the
resville Regional Office at704-663-1699.
Sincerely,
�DoeuSigned
IIP
for
W. Corey Basinger, Regional Super
Water Quality Regional Operations on
Mooresville Regional Office
Division of Water Resources, NCDEQ
Co WQS Mooresville Regional Office - Enforcement File Laserfiche)
NPDES Compliance/Enforcement Unit - Enforcement File (Laserfiche)

Facility Name:
ibut(
Report Period: M,xlrch 2019
D)VtRREVIE4a RECORD
1.00resville Regional Office
Permit Number: NC0O8512O
Prior Assessments: Enforcement Factor:
Outfall # Outfall Description
Waterbody Name
Waterbody
Classification
001 Effluent to UT Rocky Creek
Rocky Creek (Rocky River) C
Monthly Average limit 'irrlations
Sample Location: ©utt'alt 001 -Effluent
Violation
Date Parameter
3/3112019 Nitrogen, Ammonia Total (as N) -
Concentration
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
Weekly mg/I 19 28.00 47,2
Action
3/31/2019 Solids, Total Suspended -
Concentration
Weekty
30 253,40 744,8
Daily Limit Violations
Sample Location:
Violation
Date Parameter
Outran 001 - Effluent
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
Action
18/2019 Coiiform. Fecal T 1F, 1' FC Broth,
44.5 C
Weekty #/109m1 400 2419,60 504.9
/2019 Colifomi, Fecal MF, k#IFC Broth,
44,5 C
Weekly #l'100m1 400 2.419,60
3/15/2019 Nitrogen, Ammonia Total (as N) -
Concentration
Weekly mg/I 35 67,20 92,0
3/21/2019 Nitrogen, Ammonia Total (as N) -
Concentration
Weekly mg/I 35 43.80 25.1
3/8/2019 Solids, Total Suspended -
Concentration
Weekly
45 118 162.2
5/2019 Solids, Total Suspended -
Concentration
Weekly mg/1 45 1321,70 2,837.1
Page 1 of 3

Other Violations/Staff Remarks:
Supervisor Remarks:
•Completed by:
Assistant Regional,.
Supervisor Sign -off.
Regional Supervisor.
sign-off-
1/1
5e -
-
Date:
Date:
Date:
Page 2 of 3

Prior
b Enforcement Hi t
Pe it umber Cf)t 5 0 Report Period: arch 2019
Page

DIVISIONOF WATER RESOURCES - CLVJL PENALTYFENALTY ASSESSMENT
Violator: Lowes Companies Inc
Facility Name: Iredell Distribution Center WWTP
Permit Number: NC0085,120
(ounty: Iredell
Case Number: LV-2019-0123
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;
None documented, however, the discharge of effluent in excess of permit limits has the potential to adversely
impact natural resources,
2) The duration and gravity of the violation;
As documented in the attached, All assessed violations were in excess of 25% of effluent limits,
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown
4) The cost of rectifying the damage;
Unknown
5) The amount of money saved by noncompliance;
Unknown
6) Whether the violation was committed willfully or intentionally;
Not believed 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
NOD-2017-LV-0059 — Ammonia (DMV) — January 2017;
Case #: LV-2'017-0265 TSS (DMVs & MAV) and Ammonia (DMV and MAV) — April 2017;
Case #: LV-2017-LV-0285 — BOD (DMV) and Fecal Coliform (DMV) — May 2017.
8) The cost to the State of the enforcement procedures.
$111.38
6.10.19
Date
Doc uSogned by:
11...1444v fl P444.1
.-E,6,,E6,A20.6..3
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Enforcement Cost:
1 hour staff time. .$ 38.66
1 hour supervisor time, $ 57.72
Administrative /CO staff cost_ $ 15,00
Total enforcement cost $ 11138