NC0005274_NOV-2019-PC-0059 Response_20190220

Lowell Investments I, LLC
5320 Old Pineville Road, Charlotte, NC 28217
Tel [phone]
February 20, 2019
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
610 East Center Avenue, Suite 301
Mooresville, NC 28115
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MOORESVILLE REGIONAL OFFICE
Via Certified Mail
Re: Notice of Violation and Recommendation for Enforcement Action
NOV-2019-PC-0059
Lowell Investments, LLC
NPDES Permit No. NC0005274
Gaston County
Dear Mr. Basinger:
We have received a copy of the Compliance Evaluation Inspection for the inspection conducted
at the Lowell facility on January 30, 2019 by Ori Tuvia. Please see responses to the inspection
observations below, and photographs provided on following pages.
• Valves to Tank #4 and Tank #5 did not have locks.
All valves to above -ground tanks, including Tanks 44 and 45, have been disabled, either
by installing locks on them or by removing the mechanical means of operating them.
• Observation of Tank #2 (previously the secondary clarifier) indicated that freeboard
levels have not been maintained.
A volume of storm water accumulation in Tank #2 has been pumped to Tank #1 to allow
at least 18 inches of freeboard.
Additionally in the provided inspection report, the inspector noted that "there was limited
restriction for access to the site." The entire site is surrounded by fence with "Danger, Do Not
Enter, Authorized Personnel Only" signs placed frequently along its length. All gates are chained
and locked to prevent unauthorized access. This location has been a frequent victim of vandals
and thieves cutting chains and fencing to acquire illegal entry to the property. We replace chains
and locks, and repair fencing, as soon as any breach is detected. The cut chain on the gate in the
fence observed during this inspection has been replaced and is now secure. However, the entire
property continues to be an attractive nuisance.

Response io NO=2019-PC-0059 Page 2 q/ 2
We have received the 90-day notice regarding the extension of our expired permit that was
provided separately and understand the actions required to be completed by May 3, 2019.
Please contact me if you have any questions concerning this response. To schedule a follow-up
inenectinn. Pne se contact MariJon Owens at [phone] or marilonna forsiteinc.com.
Lowell Investments I, LLC
Cc: Ori Tuvia, NCDEQ by email only

Response to NOV-2019-pC-0059 photographs
Photos 1 - 5 Examples of disabled valves

Response to NOV-2019-PC-0059 photographs
Photo 6 Tank #2 (secondary clarifier) showing freeboard

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