NC0005274_NOV-2019-PC-0063 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
RECEIVED/NCDENR/DWR
FEB 2 5 2019
WQROS
MOORESVILLE REGIONAL OFFICE
Via Certified Mail
Re: Notice of Violation and Recommendation for Enforcement Action
NOV-2019-PC-0063
Lowell Investments, LLC
NPDES Permit No. NC0005274
Gaston County
Dear Mr. Basinger:
We have received a copy of the referenced Notice of Violation and Recommendation for
Enforcement Action regarding the spill that occurred onsite from Tank #3 on an unknown date
between December 14, 2018, and January 9, 2019.
At the time of initial reporting of this incident, there was no apparent path from the gravel -lined
basin containing Tanks #3-5 — i.e., the area of discoloration associated with the release
immediately underneath the broken transfer manifold did not extend over the edge of the basin
embankment. However, further investigation during the NCDEQ inspector's visit revealed that
the edge of the gravel -lined area covered a section of larger riprap rock that provided an
underground outlet path to the river via a lower ditch in the hillside, with residual discoloration
confirming this route.
As explained in the initial written notification of this spill, Tank #3 connected to a transfer
manifold that had apparently been taken apart, presumably by vandals scavenging the stainless
steel valves for scrap value, resulting in an open pathway for water to leave the tank.
Subsequently, all valves to Tank #3 (and all other above -ground tanks onsite) have been
disabled, either by installing locks on them or by removing the mechanical means of operating
them, to prevent any future unauthorized release.
The inspector noted in his observations that "access to the site was not appropriately restricted."
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

Response to NOV M9-PC-0063 page Z of?
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.
Please contact me if you have any questions concerning this response. To schedule a follow-up
inspection, please contact MariJon Owens at [phone] or mariionna forsiteinc.com.
M
, Lowell Investments 1, LLC
Cc: Ori Tuvia, NCDEQ by email only

Response to NOV-2019-PC-0063 photographs
Photos 1 - 4 Examples of disabled valves

4