NC0005274_Application_20190128

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ROY COOPER NORTH CAROLINA
Gew•r rr r Enreroramenfuf Quality
MICHAEL S.REGAN
Secretary January 28,2019
LINDA CULPEPPER
Director
Mr. Tom McKittrick,Manager
Lowell Investments I,LLC
5320 Old Pineville Road
Charlotte,North Carolina 28217
Subject: 90-Day Notice-Incomplete Application
NPDES Permit NC0005274
Lowell Investments WWTP
Gaston County
Dear Mr. McKittrick:
The Division of Water Resources received your application for renewal of the subject permit in
December,2013. We both agreed at the time that the application was incomplete,due to your
then-recent acquisition of the property. I wrote to you in January,2014,that the Division would
allow you"a reasonable opportunity to complete plans for the property and provide a complete
and accurate permit application." It was our understanding that you would discharge the
remaining water in the facility's above-ground tanks per the NPDES permit,properly dispose of
the sludge in the tanks,and then request rescission of the permit. Upon completing these
actions,you would continue to hold the nutrient allocations presently associated with the
permit.
Despite site assessment and other activities undertaken at the site by others,the essential
actions have yet to be completed: the water and sludge in the tanks have yet to be removed,the
permit application is still incomplete,and we have received no request for action on the permit.
Having provided more than a reasonable opportunity to act,the Division now gives notice that
it intends to return your permit application,effectively terminating the permit,unless one of the
following actions is satisfactorily completed by 5:00 p.m. on Friday,May 3,2019.
1. Submit a complete and accurate permit application for the facility to this office.The
application must describe the current and,if known,future activities at the site;the nature
of the wastewaters to be discharged,and the characteristics of those wastes;and must
include other information specified in the application. (Note that,for our purposes,
stormwater captured in the tanks is considered wastewater.)
-OR-
2. Withdraw the current permit application and request permit rescission,in writing,and
remove the effluent discharge pipe for Outfall 001. In choosing this action,your options
are to:
'finitr,)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919 707.9000

90-Day Notice-Incomplete Application
NPDES Permit NC0005274
January 28,2019
a. prior to submitting your request, discharge waters from the tanks at Outfall 001 per
the current permit and properly dispose of all sludge from the tanks,or
b. cease discharge to surface waters and transport the waters and sludges off-site for
proper disposal.
In options a. or b.,you must also ensure that the tanks,once emptied,can no longer hold
water.
It is the Division's position that,if you complete one of these actions by the specified date and to
the Division's satisfaction,you will continue to hold the nutrient allocations assigned to the
facility.However,if the Division returns your permit application,the allocations will revert to
the state,despite any agreement for their transfer to other persons.
The allocations will also revert to the state if the property is sold, donated,or otherwise
transferred before one of the specified actions above is satisfactorily completed.
Feel free to contact me at 919-707-3603 or [e-mail] if you have any
questions regarding this notice.
Sincerely,
Michael E.Templeton,P.E.
Environmental Engineer
Copies: NPDES Files
Central Files
eCopies: Mooresville Regional Office,Surface Water
Mooresville Regional Office,Waste Management
Harry Zinn,Waste Management,Raleigh