Loading...
HomeMy WebLinkAboutNCG530097_Regional Office Physical File Scan Up To 6/2/2020 PAT MCCRORY tia. Governor DONALD R. VAN DER VAART.. seeelN.y Water Resources S. JAY ZIMMERMAN ENVIA"MENTAL QUAUR Dlrecror August 18, 2016 Danny Meaney 3336 Armstrong Creek Rd. Marion,NC 28752 SUBJECT: Compliance Evaluation Inspection Armstrong Fish Hatchery Permit No: NCG530097 McDowell County Dear Mr. Meaney: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 16, 2016. The Compliance Evaluation Inspection was conducted by Kevin Mitchell of the Asheville Regional Office. The facility appeared well maintained and operated and appeared to be in compliance with permit NCG530097. Thank you for your assistance during the inspection. Please refer to the enclosed inspection report for observations and comments. If you or your staff have any questions,please call me at 828-296-4650. Sincerely, Kevin Mitchell Environmental Specialist Asheville Regional Office Enc. cc: MSC 1617-Central Files-Basement Asheville Files G:\WR\WQVNcDowell\Wastewater\GeneralWCG53 Trout Fa sWCG530097F strong\CEI.08.18.16M trong.docx Stam OMAC.fi- I Enwoomell Qu0dtyl Waler Ren.n 2090 ILS.9ghway 70 Svrmneoay NC 28778 8282964500 LeAnd done Environmental Prutection Aged, Form Approved EPA Waahinpbn,Di 20460 pM9 No.2040-0057 Water Compliance Inspection Report Approval exploce 8a1-98 Section A:National Data System Coding(i.e.,PCS) Transaction C.de NPOES yrfmoi Inspection Type Inspector Fed Type 1 U 2 15 1 3 I NGG530097 11 12 1 16108/15 17 181n1 191 e l 201 t6 21111111 I I I III I I I I I I I I I I I I 1 1 11111 1111111 11 1 1 f6 Inspection Work Days Partly Self-Monitoring Evaluation Ratio, B1 OA —t earived --- 67 70 I„ I 71 I I 72 1 „ I 731 174 75 I I I I I80 LJ L Section B:Facility Data LJ I1 Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Timel rain Permit Effective Date POTW name and N PDES permit Numbed 0930AM 161OW16 12/05/01 Arrrpii Fish Hatchery 3336 Armstrong Creek Rd Exit Timeloate Permit Expiration Date Marion NC 2e752 11:30AM 16108118 17107W Names)of Onsite Representative(s)?itles(s)IPhone and Fax Numbers) Other Facility Data III Name,Address of Responsible OffciagTitlelPhone and Fax Number contacted Matthew Mourai 3338 Armstrong Creek Rd Marion NO 287SWI828-756417918287560066 No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance M Records/Reports Facility Site Review Effluent/Receiving Waters Section D:Summary of FindinglComments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Names)and Signeture(s)of lnspector(s) Agency10fllcelPhoneand Fax Numbers Data Robert K Mitchell ARO WON $ I xe1•,b Signature of an 0r11 AgencylOf icelPla ne antl Fax Numbers Dete -y --& ff- I $`� EPA Form 3580 )Previous edition.ere 4. ilk. Page# NPOEs ydmalde, Inspection Type 1 .. 31 NCG530097 I11 12 1a10a11s 17 18 l Ir1 Section D:Summary of Finding/Comments(Attach additional)sheets of narrative and checklists as necessary) Site was inspected on 8/16/2016 by Kevin Mitchell. The facility manager Danny Meaney was present during the site inspection and provided a tour of all intake structures, raceways, and the effluent discharge sites. Peter Lamb with the INC Wildlife Resources Commission provided effluent monitoring data for the past :I three years. The Division recommends that these data be kept on site at all times. The facility was found to be in compliance with permit NCG530097. it l i i Page# 2 Permit: NCG530097 Owner-Facility: Armstrong Fish Hatchery Inspection Data: 0W1612016 Inspcction Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable 0 ❑ ❑ ❑ Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: The facility appeared to be well maintained and operated. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permutes submitted a new ❑ ❑ M ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ 0 ❑ ❑ Is access to the plant site restricted to the general public? ❑ 0 ❑ ❑ Is the inspector granted access to all areas for inspection? M ❑ ❑ ❑ Comment Page# 3 United States Environmental Protection Agency Farm Approvetl. EPA WasM1ington,D.C.20aa0 OMB No.2090-005T Water om li a inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yernavday Inspection Type Inspector Fee Type 1 1J 2 1,1 31 NCG530097 1 11 121 05/09/19 iT 18 U 19 U 20 U Remarks 21111111111111111111111111111111111111111111111116s Inspection Work Days Facility Self-Monitoring Evaluation Rating Bi QA --------- -------Reserved---------------- 6] 69 10 L1 71 Li 72 U 13 LL 74 75I 1 1 1 60 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Armstrong Fish Hatchery 01:00 PM 05/09/19 02/08/01 334 Armstrong Creek Rd Exit Time/Date Permit Expiration Date Marion NC 28752 , 01:30 PM 05/09/19 07/07/31 Names)of Credits Representative(s)/fitles(s)/Phone and Fax Numbers) Other Fatlllty Data Name,Address of Responsible Of icialRitle/Phone and Fax Number Bob Curry,512 N Salisbury St Raleigh NC 27604//919-733-3633/ Contacted Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance N Facility Site Review Section D: Summary of Findin /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Names)and Signature(&)of Inspector(s) Agency/OtOcelPhone and Fax Numbers Date Larry Frost ArzO-w4//828-296-9500 Rxt 9658/ 1//� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Data EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. n n NPDES yr/mo/day Inspection Type 1. 3I GG53gn9]N I11 12I 09/19 L`J o5/ 1] t8 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists aS necessary) The facility appears to be clean and well maintained. The facility in currently working on BMP's to be implemented in the future regarding the disposal of waste from the raceways. Permit: NCG530097 Owner-Facility: Armstrong Fish Hatchery Inspection Date: 09119=05 Inspection Type: Compliance Evaluation P,rmd Yen No NA NF (It the present permit expires in 6 months or less). Has the permiltee submitted a new application? ❑ ❑ 0 ❑ Is the facility as described in the permit? 0 0 0 Are there any special conditions for the permit? 0 0 0 Is access to the plant site restricted to the general public? ❑ 0 ❑ Is the inspector granted access to all areas for inspector? 0 0 0 Comment: Operations&Me'ntenanre Yee Nn NA NF Is the plant generally clean with acceptable housekeeping? 0 0 ❑ Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids,pH,DO,Sludge Judge, ❑ ❑ ❑ and other that are applicable? Comment: rATE OF NORTH CAROLINA r DEPARTMENT OF ENVIRONMENT, HEALTH, AND NAI URAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO.NCG530000 CERTIFICATE OF COVERAGE NO. NCG530097 TO DISCHARGE WASTEWATER FROM FISH FARMS, SEAFOOD PACKING & RINSING AND SIMILAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission,and the Federal Water Pollution Control Act,as amended, Armstrong Fish Hatchery is hereby authorized to operate a facility which discharges wastewater from a fish farm or from seafood packing &rinsing operations and similar wastewaters from a facility located at 334 Armstrong Creek Road i Marion McDowell County to receiving waters designated as subbasin 30830 in the Catawba River Basin in accordance with the effluent limitations,monitoring requirements, and other conditions set forth in Parts I,II, III and IV of General Permit No. NCG530000 as attached. This certificate of coverage shall become effective August 1, 1997. This certificate of coverage shall remain in effect for the duration of the General Permit. Signed this day July 28, 1997. Preston Howard,Jr., P.E., Director f Division of Water Quality By Authority of the Environmental Management Commission State of North Carolina Department of Environrct, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan Howes, Secretary F—)E R A. Preston Howard, Jr., P.E., Director Duty z (y k adrj Bob Curry � ��r '( Armstrong Fish Hatchery 1I UG ` 6 U 512 North Salisbury Street, Room 442 o Raleigh,NC 27604 .- 53 CIo As EVILRpUAL1ip SECT " ----. FENq OI Subject: Certificate of Coverage No. NCG530097 Renewal of General Permit Armstrong Fish Hatchery McDowell County Dear Permittee: In accordance with your application for renewal of the subject Certificate of Coverage, the Division is forwarding the enclosed General Permit. This renewal is valid from the effective date on the permit until July 31, 2002. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.Environmental Protection Agency dated December 6,1983. If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have the right to request an individual permit by submitting an individual permit application.Unless such demand is made, this certificate of coverage shall be final and binding. The Certificate of Coverage for your facility is not transferable except after notice to the Division. Use the enclosed Permit Name/Ownership Change form to notify the Division if you sell or otherwise transfer ownership of the subject facility. The Division may require modification or revocation and reissuance of the Certificate of Coverage. If your facility ceases discharge of wastewater before the expiration date of this permit, contact the Regional Office listed below at(704) 251-6208. Once discharge from your facility has ceased, this permit may be rescinded. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources,Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit,please contact the NPDES Group at the address below. Sincerely, A.Preston HowardJ�Z� cc: Central Files `A'Oheville'Regional Office 0 NPDES File Facility Assessment Unit P.O. Box 29535, Raleigh,North Carolina 27626-0535 (919)733-5083 FAX(919)733-0719 p&e®dem.ehnr.state.nc.us An Equal Opportunity Affirmative Action Employer 50%recycled /10%post-consumer paper State of North CaroliIr Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE5 11/26/2001 BOB CURRY 'NC WRC-ARMSTRONG FISH HATCHERY 512 NORTH SALISBURY ST RALEIGH, NC 27604 Subject: NPDES Wastewater Permit Coverage Renewal Ne Wrc-armstrong Fish Hatchery COC Number NCG530097 Mcdowell County Dear Permittee: Your facility is currently covered for wastewater discharge under General Permit NCG530000. This permit expires on July 31,2002. Division of Water Quality(DWQ)staff is in the process of rewriting this permit with a scheduled reissue in the summer of 2002. Once the permit is reissued,your facility would be eligible for continued coverage under the reissued permit. In order to assure your continued coverage under the general permit,you must apply to the DWQ for renewal of your permit coverage. To make this renewal process easier,we are informing you in advance that your permit coverage will be expiring. Enclosed you will find a general permit coverage renewal application form. This will serve as your application for renewal of your permit coverage. The application must be completed and returned with the required information by February 01,2002 in order to assure continued coverage under the general permit.There is no renewal fee associated with this process. Your facility will be invoiced for the annual permit fee at a later date. Failure to request renewal within this time period may result in a civil assessment of at least$250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of wastewater from your facility without coverage under a valid wastewater NPDES permit would constitute a violation of NODS 143-215.1 and could result in assessments of civil penalties of up to$10,000 per day. If the subject wastewater discharge to waters of the state has been terminated,please complete the enclosed rescission request form. Mailing instructions are listed on the bottom of the form. You will be notified when the rescission process has been completed. If you have any questions regarding the permit coverage renewal procedures please contact the Asheville Regional Office at 828-251-6208 or Aisha Lau of the Central Office Stormwater Unit at(919)733-5083,ext.578 Sincerely, Bradley Bennett,Bennett,Supervisor Stormwater and General Permits Unit cc: Central Files Stormwaler and General Permits Unit Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper e�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality .Michael F. Easley,Governor William G. Ross,Jr.,Secretary Coleen H.Sullins, Director July 30,2007 Matthew Rimmer NC Wildlife Resources Commission 3336 Armstrong Creek Road Marion,NC 28752 Subject: Renewal of coverage/General Permit NCG530000 Armstrong Fish Hatchery Certificate of Coverage NCG530097 McDowell County Dear Permittee: In accordance with your renewal application [received on February 2,20071,the Division is renewing Certificate of Coverage(CoC)NCG530097 to discharge under NCG530000. This CoC is issued pursuant to the requirements of North Carolina General Statue 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 for as subsequently amended]. If any parts,measurement frequencies or sampling requirements contained in this General Permit are unacceptable to you,you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made,the certificate of coverage shall be final and binding. Please take notice that this Certificate of Coverage is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the certificate of coverage. Contact the Asheville Regional Office prior to any sale or transfer of the permitted facility. Regional Office staff will assist you in documenting the transfer of this CoC. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning the requirements of the General Permit,please contact Joe Corporen [919 733-5083,extension 597 or joe.corporon@ncmail.net]. Sincerely, 0 ra '` >`"«"- .---- for Coleen H. Sullins Il' Files � JUL 31 2007 �J Central t cc: Asheville R �DES file Office/_Surface Water Protectio I WATER OUALITV SFGTIOIN i � t ASHEVILLE RFGIONALOFFtC l%RBaRICtUB4�[i.�f�3b..n.0 14:F.:ALY.ic""I ..y c...... ......._..... -._._-•---.env'. 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 .e !'� t 512 North Salisbury Street,Raleigh,North Carolina 27604 NOl ffiCaTOl1HA Phone: 9197335033/FAX 919 733-0719/Internet:w .ncwateryualityorg �t�RtlflYl��lf An Equal Opportunity/Affirmative Action Employer-50%RecycledlO°!<Post Consumer Paper ✓/�/K L STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NCG530000 CERTIFICATE OF COVERAGE NCG530097 DISCHARGE SEAFOOD PACKING& RINSING, FISH FARM AND SIMILAR WASTEWATERS UNDERTHE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1,other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act,as amended, Matthew Rimmer NC Wildlife Resources Commission is hereby authorized to discharge fish farm wastewater from a facility located at Armstrong Fish Hatchery 3336 Armstrong Creek Rd McDowell County to receiving waters designated as Armstrong Creek in subbasin 03-08-30 of the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This certificate of coverage shall become effective August 1, 2007. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day July 30, 2007. /� -A �� for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission ®AA. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr.,Secretary Alan W. Klimek, P.E.,Director January 11,2007 Gordon S. Myers NC Wildlife Resources Commission 1720 Mail Service Our Raleigh,NC 27699-1720 Subject: Renewal Notice/General Permit NCG530000 Certificate of Coverage NCG530097 McDowell County Dear Permittee: You are receiving this notice because you currently operate a fish farm or fish packing/rinsing facility covered under the subject General Permit. NCG530000 will expire on July 31,2007. Federal(40 CFR 122.41) and North Carolina(15A NCAC 2H.0105(e))regulations require that permit renewal applications be filed of least 180 days prior to expiration of the current permit. To satisfy this requirement,the Division must receive a renewal request postmarked no later than February 1,2007. The Certificate of Coverage(CoC)specific to your property was last issued on August 1,2002. The Division needs information from you to determine if coverage under NCG550000 is still necessary. ➢ If your property still has a wastewater system like the ones described in the enclosed Technical Bulletin,you must renew the subject CoC. ➢ If you are not sure what type of system your property has,contact Larry Frost in the NCDENR Asheville Regional Office at(828)296-4500. That person [or other staff members] can help you determine if you should renew your CoC ➢ If you know that your facility no longer discharges to a waterbody,contact.me at the address or phone number listed below to request rescission of the CoC.. The attached application form shows the information the Division has on file for your property.. Please verify that the provided information is correct, or make corrections on the form. Complete the additional questions,then sign and date the form. The completed form should be submitted to the address listed below the signature.block. If you have any questions concerning this matter,please contact me at the telephone number or e-mail address listed below. (If it is difficult to reach me,please be aware that your facility is one of over 1400 that I am contacting regarding the renewal of several General Permits.) Thanks for.your attention to this matter. Sincerely, Q� .. . . �. �✓t�i�,'r I � f� C _Ir J �i f it ,,I I ; Charles H. Weaver,Jr. JA N 007 NPDES Unit cc: Central Files IV,,I I ,' Ii I 4shin ills Regional Office l Larry Frost p NPDES file _.._ _. .._. . 1817 Mail Service Center,Raleigh,Nor h Carolina 27 69 9-1 61 7 512 North Salisbury Street,Raleigh,North Carolina 27604 Noc6n0 fffiCarohna Phone: 919733-5083,exlension511/FAX 919733.0719/charles.weaver®ncmail.net tllCR��I,� An.Equal Opportunity/Affirmative Action Employer-50/Recycled/10%Post Consumer Paper State of North Caroling, Department.of Envir, cent J • 4 and Natural Resources Division of Water Quality Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NMURAL RESOURCES July 26,2002 BOB CURRY 2(IO2 NC WRC-ARMSTRONG FISH HATCHERY 512 NORTH SALISBURY ST RALEIGH, NC 27604 Subject: Reissue-NPDES Wastewater Discharge Permit NC Wrc-Armstrong Fish Hatchery COC Number NCG530097 Mcdowell County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG530000,the Division of Water Quality(DWQ)is Forwarding herewith the reissued wastewater general permit Certificate of Coverage (COC). This COC is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S.Environmental Protection Agency, dated May 9, 1994(or as subsquently amended). The following information is included with your permit package: * A copy of the Certificate of Coverage for your treatment facility * A copy of General Wastewater Discharge Permit NCG530000 * A copy of a Technical Bulletin for General Wastewater Discharge Permit NC0530000 Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable Federal,state,or local law rule,standard,ordinance,order,judgment,or decree. If you have any questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater and General Permits Unit at(919)733-5083,ext.578 Sincerely,/ for Alan W.Klimek,P.E. cc: Central Files Stormwater&General Permits Unit Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733.0719 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper 7 � DIVISION OF WATER QUALITY 08/25/99 MEMORANDUM 1� - Lj AUG 3 01999 i TO: Forrest Westall E Asheville Regional Office t.4VN tll(Uttl f t tPt,f li! FROM: John Dorney RE: 401 Certification Review Please review the enclosed 401 Certification application by September 1, 1999. Please call me if you or your staff have any questions, or need assistance in these reviews. PLEASE COMPLETE THE NEW STAFF REPORT AND RECOMMENDATION FORM r 1 t� z, s,u9Rg.FisbIjatcheny Faclity q'i 1��u1rry 2. NC DOT SR 1327 990913 Haywood County The other enclosed material (if any) is for your general information and use as appropriate. Enclosures l� � MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Armstrong.Nish Hatchery Facility County McDowell Project Number 99 0904 Coumy2 Reovd Prom APP Region.. Asheville Received Date 8/3/99 Reovd By Region Project Type fish batchery '...... Certificates Stream a Stream Impacts(ft.) Permit Wetland We Class Wetland Wetland Stream Acres Feet Type Type Impact Score Index Prim Supp Basin Req. Raq. IN IN 18 F__ O Y _ ®N F__ 11-24-14-1 w Tr 3Q830, F__F__ F___F_ 26 _ s .r: _ 7 r Mitigation Wetland: MitigationType Type+ Acres Peet'; �F_F__ rr Is Wetland Rating Sheet Attached? 0 Y O N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? O Y ON Recommendation: O Issue O Issue/Coed O Deny Provided by Region: Latitude(ddmmss) Longitude(ddmmss) Comments: cc: Regional Office Page Number 1 Central Office q TRIAGE CHECKLIST ww11�� �•n�� I/,, r-� Project Name: �i•t�;� V " ` —�` (GI G Project Number: 9 p O 9p �A County: c' � I l n //l The attached 1'project Chas`Y�been"Isent to you for review for the following reasons. Please consider whether a site visit is needed to determine the impacts.Particular attention should focus on the below checked items. Please feel free to call the central office staff member assigned to your region if you need assistance. Sueam length impacted. Stream determination(i.e. intermittent or perennial,or any channel present). Wetland impact and distance to blue-line surface waters on USGS topo map. Minimizationlavoidance options. NW 14. (is access to highground or wetlands)? Neuse buffer rules. Pond(water)fill(i.e.is the pond drained or holding water)? Pond creation(i.e.in uplands,in a drained channel,or in wetlands).Please locate streams and channels(if any)so that the central office can determine. Mitigation ratios. Sto enwater pond placed in wetlands. Ditching in wetlands. Is the applicant's proposed stream/wetland mitigation site available and viable? Applicant/consultant has a history of non-compliance(check drawings and application for accuracy). Has project been split from previous work to avoid mitigaron requirements? Consistent with pre-application meetings? Cumulative impact concerns. OTHER: PRE-CONSTRUCTION NOTIFICATION APPLICATION r NATIONWIDE PERMIT NO. 26 `r Armstrong State Fish Hatch Facility Upgrade— Water Distribution System McDowell County, North Carolina I ,I� E f� . fl . I , Prepared By: North Carolina Wildlife Resources Commission Marion, North Carolina • And Duke Engineering & Services, Inc. Charlotte, North Carolina IL June 17, 1999 L.. I i, I DWQ ID:_ CORPS ACTION ID: (� NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT If)26 I I PRE-CONSTRUCTION NOTIFICATION APPLICATION n FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION L) 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) I� COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY. ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. LjI. OWNER'S NAME:North Carolina Wildlife Resources Commission n 2. MAILING ADDRESS:Armstrong Fish Hatchery 334 Armstrone Creek Road r I SUBDIVISION NAME N/A CITY: Marion STATE:NC ZIP CODE:28752 PROJECT LOCATION ADDRESS,INCLUDING SUBDIVISION NAME(IF DIFFERENT FROM MAILING ADDRESS ABOVE): l See No. 2 Li 3. TELEPHONE NUMBER: Mr. Mallory Martin(HOME) (WORK)828/659-3324 OR Mr.DerekBoggs (HOME)_ (WORK)828/756-4179 4. IF APPLICABLE:AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,ADDRESS, PHONE NUMBER: Duke Eneineerine& Services 400 S.Tryon St..WC22K u P.O. Box 1004 I Charlotte,NC 28201-1004 704/382-0808 (Work) Contact: Scott T. Fletcher 5. LOCATION OF WORK(PROVIDE A MAP,PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP LJ OR AERIAL PHOTOGRAPHY WITH SCALE): SEE ATTACHED MAP COUNTY: McDowell-NEAREST TOWN:Woodlawn u SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) NC Highway 226 north from the Town of Woodlawn (1 mile), NC Highway 226A West to Armstrong Creek Road (NC Highway 1443) (2.5 miles), west on Armstrong Creek Road (1.3 LI miles). The USGS Celo and Little Switzerland 7.5 minute quadrangles. t u 6. IMPACTED OR NEAREST STREAM/RIVER:Bee ROC$Creek,Armstrong Creek RIVER BASIN: Catawba River 1 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE .WATERS (ORW), WATER SUPPLY (WS-I OR WS-11)? YES X NO ❑ IF YES, EXPLAIN: Armstrong Creek and f tributaries of Bee Rock Creek, House Branch, Cow Creek, North Fork of Cow Creek, and Pups Branch are all classified as WS-II Tr (i.e, Water Supply II Trout) by the NC Division of Water Quality (b)IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN(AEC)?YES❑NO X (c)IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY(SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN(LUP)DESIGNATION?No (1 8. (a)HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT?YES❑NO X IF YES,PROVIDE ACTION I.D.NUMBER OF PREVIOUS PERMIT AND ( � ANY ADDITIONAL INFORMATION(INCLUDE PHOTOCOPY OF 401 CERTIFICATION):N/A (b)ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? ff YES❑NO X IF YES,DESCRIBE ANTICIPATED WORK: t + 9. (a)ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 45 (b)ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0 acres of jurisdictional wetlands; no wetland areas are located on the property 10. (a)NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: Li FILLING: 0 EXCAVATION: 0 FLOODING: 0 OTHER : 0 DRAINAGE : 0 TOTAL ACRES TO BE IMPACTED: 0 LI (b)(1)STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT(IF RELOCATED, � PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: i LENGTH BEFORE:_FT AFTER: 65 FT - WIDTH BEFORE(based on normal high water contours): FT AVERAGE DEPTH BEFORE: 0_5 FT AFTER:_FT (b)(2)STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) L OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION:X_ CONSTRUCTION OF A DAM/FLOODING: X II OTHER: L Two new dams will be constructed in the headwater area of Armstrong Creek and Bee Rock Creek. At the Bee Rock Dam, 10 linear feet of stream channel will be permanently affected by the dam footprint. Another 15 feet of stream inundation Lj will also occur between the new and existing dams. At the Upper Armstrong Creek Dam, 30 linear feet of stream channel will be permanently affected by placement of 2 L' the dam. Another 10 feet of stream inundation will also occur between the new dam n and the existing dam. 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND?WHAT IS THE EXPECTED POND SURFACE AREA? 1 1 Not Applicable 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL F� EQUIPMENT TO BE USED?(ATTACH PLANS; 81/2 BY I I DRAWINGS ONLY) The Armstrong Fish Hatchery facility upgrade project consists of several distinctive I I components. These regulated components associated with this Nationwide Permit include the following: (fl • Ulmer Armstrong Creek and Bee Rock Creek Dams - The existing dam and 1 1 intake structure will be abandoned at each of the sites. The stop logs at the existing dams will be removed and the stream will essentially be a "run of n river" situation. A new dam and intake will be constructed just downstream I I of the existing structures (35 feet L x 10 feet W). The new intake will consist of a sloped profile wire screen intake to allow debris to skim across the intake panel surface while water is moved below into the intake box. A 36 inch wide t x 24 inch tall aluminum slide gate with handwheel operator will control flow into the intake structure on the upstream side. On the discharge side of the I � intake, redwood stoplogs will be used to control the level of water in the J intake box and allow for flushing of the system if needed. Within the discharge chute, another set of redwood stoplogs provides a stepped pool of L{ water to allow for possible fish migration upstream through the intake. An JJ aluminum slide plate will be located in a slot adjacent to the intake structure. This 48 inch x 48 inch slide plate will be placed and removed by use of a �I hand-operated hoist attached to the intake structure. Limited dredging and bank enhancement at the proposed dam site and at the existing dams to remove excess rock and silt and to provide access for periodic rock and silt 9 — removal in the future. Dredging includes 60 cubic yards for foundation LJ preparation at each new dam. Dredge material will be spoiled in an upland site within the facility boundaries. New 12 inch diameter polyethylene piping from the new Upper Armstrong Dam will connect to the existing line at the lJ junction of both Bee Rock Creek and Upper Armstrong Creek lines. The existing line will be abandoned in .place. Less than 0.02 acres of stream channel will be filled as a result of the new dam construction. IJ NOTE: The new dam construction at the Lower Armstrong Creek dam site will be covered in a separate Nationwide Permit No. 18 since it is not in a headwater area. Specific permit requirements associated with the upgrade of the Armstrong Fish Hatchery were discussed with Steve Chapin of the Corps' Asheville Field Office on 5/14/99. LJ 9 u rOther project features that will occur with this upgrade but do not occur in water I , of the United States include r • Lower Armstrong Water Line Replacement — the work associated with this l i task will include the removal and disposal of the existing 18-inch diameter concrete water line between the Lower Armstrong intake and the hatchery rr raceways. Replacement of a 24-inch diameter ductile iron supply pipe (approximately 1,800 linear feet) including necessary water control valves, air release valves, and branch lines to service two circular tanks and a truck watering station will also occur. Five 20 foot circular concrete hatchery f tanks and the.associated water line connections will also be removed. This water line will belocated in an upland setting. l • Lower Armstrong Raceway Removal and Repair— the work associated with this task will include the additional of a continuous concrete headbox that r 1 will be used for the introduction of water to the upstream end of the i raceways. The headbox will include a connection with a new 24 inch diameter ductile iron supply line form the Lower Armstrong intake. Other additional features include an outlet pipe, sediment blow-off valves, and 1 i water control boards. A branch pipe to serve the remaining circular tanks, a new truck watering station, a properly sized pump to recirculate a minimum of 3,000 gpm of water from the raceway discharge to the headbox, and an i emergency power system to provide power to the recirculation pump in the event of a power loss will also be provided. The raceways are located an upland setting 1 • Effluent Management — several solid-removing clarifier tanks will be ,I installed at the upper Armstrong raceway and the lower Armstrong raceway. • Construction of a New Hatchery Building — this task will include the Lconstruction of a new hatchery building (60 feet long by 40 feet wide). The new hatchery building is located in an upland setting. i 13. PURPOSE OF PROPOSED WORK: The NC Wildlife Resources Commission has chosen to upgrade the Armstrong Fish Hatchery due to antiquated conditions, inherent design flaws, and lack of efficiency at the existing 40 year old facility. The described L actions are needed to extend the operational life of this facility that produces over 200,000 catchable and fingerling trout annually. L14 STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS(INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS). No wetland areas will be affected by this project. The construction of the two dams is a water dependent activity. Construction of the dams and intakes must take place in Armstrong Creek and Bee Rock Creek in an effort to provide an adequate supply I ' 4 LJ L �(r1 of water to the hatchery facility. All means practicable have been incorporated into the design to avoid and minimize impacts to the streams. As additional mitigation Llof aquatic impacts, a fish passage structure will be installed at both the Bee Rock Creek and Upper Armstrong dam intakes. This will facilitate both upstream and n downstream passage of aquatic life. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY r LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL 1 HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: See Attachment 5 I j NC Department of Environment and Natural Resources Natural Heritage Program _ Ms. Susan Giles. f March 23,1999 r United States Fish and Wildlife Service (Asheville Field Office) 1 i Mr.Mark Cantrell March 23, 1999 [.� 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA 1 WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.DATE CONTACTED: See i Attachment 5 NC Department of Cultural Resources (Asheville Office) Mr.David Moore -� March 24, 1999 [ � NC Department of Cultural Resources Ms.Renee Gledhill-Earley April 29, 1999 L' 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE)LAND?YES X NO❑(IF NO,GO TO 16) (_J (a) IF YES,DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?YES X NO❑ Li A NEPA Environmental Assessment, as required by the USFWS,was prepared for this project. The NEPA document supercedes the NC SEPA. L (b)IF YES,HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES❑NO X - IF ANSWER 17b IS YES,THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS.CHRYS BAGGETT,DIRECTOR STATE CLEARINGHOUSE,NORTH L; 5 l I r CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST(ONES STREET,RALEIGH, NORTH CAROLINA 27603-8003,TELEPHONE(919)733-6369. 1, A copy of the NEPA EA will be submitted to the USFWS and the Department of ' Administration concurrent with submittal of this permit. l 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: (a)WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS,LAKES,AND PONDS ON THE PROPERTY(FOR NATIONWIDE PERMIT NUMBERS 14, 18,21,26,29,AND 38). ALL STREAM(INTERMITTENT AND PERMANENT)ON THE PROPERTY MUST BE SHOWN ON (l THE MAP.MAP SCALES SHOULD BE I INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET j OF THEIR EQUIVALENT. (b)IF AVAILABLE,REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (c)IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS 1 RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. (d)ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e)WHAT IS LAND USE OF SURROUNDING PROPERTY? The adjacent land use includes the existing hatchery facility to the north of Armstrong Creek. State owned gamelands consisting of hardwood forest exists to ,I the south of Armstrong Creek and to the north of the hatchery facility. The facility is located in a rural setting. IU)IF APPLICABLE,WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?N/A `-� SIGNED AND DATED AGENT AUTHORIZATION LETTER,IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, f 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION,AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY),A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROG q -� 'S/A E T'S AIUNA I ORE DATE ' (AGENT'S SIGNATURE VALID ONLY L� IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). See Attachment 4 for Authorization Letter L L 6 I � u r�l 17 The following information pertains to the specific conditions related to eligibility for a r Nationwide Permit and listed in 33 CFR 330. I General Conditions: n 1. Navigation. This activity will not cause an adverse effect on navigation. 2. Proper maintenance. Any project structure or authorized fill will be properly maintained, including maintenance to ensure public safety. I ( 3. Erosion and siltation controls. Appropriate erosion and siltation controls will be used and maintained in effective operating condition during construction, and all exposed soil and fills, will be stabilized at the earliest practicable date. 4. Aquatic life movements. No project activity will substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which _ normally migrate through the area, unless the activity's primary purpose is to impound water (Upper and Lower Armstrong Dams). Fish passage will be installed at the Upper Armstrong and Bee Rock Intakes. 5. Equipment. Heavy equipment working in-stream will be minimized to the maximum extent practicable, and other measures must be taken to minimize soil disturbance. 6. Regional and case by case conditions. The activity will comply with any regional j conditions that may be added by the Division Engineer. 7. Wild and Scenic Rivers. No National Wild or Scenic River or rivers under study will be affected by this project. 8. Tribal Rights. This activity will not affect reserved tribal rights, including, but not limited to,reserved water rights and treaty fishing and hunting rights. 9. Water quality certification. Nationwide permit No. 26 has been issued a General Water Quality Certification based on conformity to the specific conditions stated by the NC ! Division of Water Quality 10. Coastal zone management. Because this project will not encroach upon state tidewaters ' 1 or lands within the jurisdiction of the state Coastal Management Agency, no coastal IL Jd management consistency must be obtained. 11. Endangered Species. The Dept. of Environment and Natural Resources and the US Fish 3 and Wildlife Service have been contacted to determine the presence of any potential state Ji and federal listed species. Neither agency was aware of existing populations of protected plant or animal species at or in the vicinity of the project. 12. Historic Properties. This activity will not affect any properties listed by the NC Division of Archives and History. Three designated archaeological sites are within the hatchery facility boundaries but will not be affected by the proposed construction activities. Section 404 Only Conditions: 1. Water supply intakes. The site has neither public surface nor subsurface water intakes in the vicinity of the project. u 7 r 2. Shellfish production. The freshwater streams on the site are not in an area of shellfish n production. I 3. Suitable material. DE&S will handle the excavation and fill operations. All fill will be obtained from on-site sources and will be free of unsuitable materials and toxins. There n will be no fill in wetlands or additional fill in other waters of the U.S. 4. Mitigation. Discharges of fill into Armstrong Creek and Bee Rock Creek will be avoided and minimized to the maximum extent practicable. Fish passage structures will f-! be installed at the two new intakes. I ! 5. Spawning areas. Adequate sediment and erosion control will minimize siltation in the designated trout spawning waters. 6. Obstruction of high flows. The new dams will be constructed to minimize the 1 relocation and impoundment of water. 7. Adverse effects from impoundments. The adverse affects on the aquatic system caused by the impoundment of water upstream of the new dams will be minimized to the maximum extent practicable. The permanent impacts due to water impoundment are anticipated to be relatively minor (i.e., displacement of certain benthic organisms and small changes in species assemblages). Fish passage at the two dams will be facilitated through the construction of a fish passage structure. 8. Waterfowl breeding area. Due to its wooded location and general lack of relatively 1 large bodies of water, this activity is not known to be in an area of important waterfowl Il breeding. l 9. Removal of temporary fills. No temporary fills are anticipated. � l i �i h 1, 8 L u u u � j u L1 ATTACHMENTS 1 u u u u u 9 u r� u u u L ATTACHMENT L]� VICINITY MAP LI i L� Iu LJ u LJ 10 u Zn JTCAEL„C ! Al rvc co' y2SON-Y,� 1 0 H Armstrong ish Hatchery �( Project Area o o `C -- I, C a, NC i� a �� Little Switzerland, NQ LJ USGS 7.5 and. cZMF—,USGS 7.5' Quad. I Location of NCWRC Armstrong Fish Hatchery Iu� Project Area. u L rl r, I � r r ATTACHMENT f � SITE PHOTOGRAPHS 12 s ar L, IIII LJ View of the exisfine Bee Rock Dam and Intake Structure. [Looking northwest and upstream of Bee Rock Creek in early April. The proposed dam site for the Proposed Action Alternative is located in the riffle area in the center of the photo. L1 13 \ a r ' View of the existing Upperu . _ Creek Dam and Intake Structure. Looking west and upstream of Armstrong Creek in early April. The proposed dam site for the Proposed Action Alternative is located in the riffle area in the lower portion of the photo. r ATTACHMENT SITE PLAN 1 LJ L ` LI �1 lJ 15 NOTE S I ; 1. AVERAGE WATER DEPTH 4.0 INCHES. 11 2. APPROXIMATLEY 60 YARDS �lO OF DREDGING ASSOCIATED WITH DAM FOUNDATION n PREPRATION. 11 0 3. ALL DREDGED MATERIAL WILL BE DEPOSITED AT AN UPLAND (II EXISTING DAM SITE. J�r . I NEW DAM rr AND INTAKE — °r Id „ I� m BEE ROCK INTAKE (( a RAW WATER SUPPLY l LINE / aj/ I BEE ROCK // yJUNCTION LJ yRIO �i a.K.w n lug / I BEE ROCK TNTAKF SCALE: 1'=30' ARMSTRONG CREEK FISH HATCHERY MCDOWELL COUNTY, NORTH CAROLINA MDuke Engineering q,? SOUTH TRYON STREET $ Services. P.O. BOX 1604 A Duke Znergy Company CHARLOTTE, N.C. 28201-1004 L UPPER := n t RACEW=,Y n w kr.TEn I ' SUPPLY LINE TO BE REPLACED FROM NEW INTAKE TO BEE ROCK n JUNCTIOIN. ROAD _ ` G NEW DAM AND INTAKE L] EXISTING DAM, L 4^ry �] NOTES l L AVERAGE WATER DEPTH OF 5.0 INCHES. �J2. APPROXIMATELY 60 CUBIC YARDS OF DREDGING J ASSOCIATED WITH THE DAM FOUNDATION PREPRATION, 3. ALL DREDGED MATERIAL WILL BE DEPOSITED IN Iu AN UPLAND SITE. U UPPER ARMSIBONG INTAKE SCALE:1'=30' ARMSTRONG CREEK FISH HATCHERY MCDOWELL COUNTY, NORTH CAROLINA Duke Engineering 460 SOUTH TRYON STREET d,Fh& Services , P.O. 80X 1964 nut° en°ryy Company C99&0TTE= N.C. 28201 l004 (1 f ATTACHMENT4 I AUTHORIZATION LETTER FROM NORTH CAROLINA WILDLIFE RESOURCES COMMISSION Ll� i L a �B u !`fy x North Carohna_Wldhfe. Rtsourc_e_s_CommissionP 512 N.Salisbury Street, Raie,gl: Norm ^arolina 27604.1188,919-733-3391 Charles R. Fully , Executive Director May 24, 1999 Ll To Whom It May Concern: The attached environn;errd assess:ntnt documents wars prepared by Duke r I Engineering and Services, Inc. in consultation with the NC Wildlife Resources I Commission. Duke Engineering and Seruixs, Inc. is the authorized agent of the NC Wildlife Resources Commission for desire and construction of a renovation project at the Armstrong State Fish Hatchery in Marion NC. Review and as e sessment of environmental [he re 1, effects of the project were conducted jointly with Duke serving the lead role in r preparation of the review documents. l ; L Sincerely, _ L "F14Gl1 Mallory G. Martin Fish Production Coordinator LI NC Wildlife Resources Commission L L L' L L L L� I r r ATTACHMENT 5 AGENCY CORRESPONDENCE L L L L' 20 WDuke Engineering & Services.. A Duke Energy Company 1 _ 400 South Tryan S"et -- WC22K (704)382-0808 ORre P.O.Box 1004 (704)332-9198 Fax Charlotte,NC 28201-1004 March 23, 1999 Ms. Susan Giles Information Specialist NC Department of Environment and Natural Resources Division of Parks and Recreation - Natural Heritage Program P.O. Box 27687 Raleigh,NC 27611-7687 Dear Ms. Giles: Duke Engineering & Service (DE&S) is currently gathering the necessary information in association with an Environmental Assessment for repair and rehabilitation of a State of North Carolina fish hatchery (North Carolina Wildlife Resources Commission). This existing trout hatchery is along Armstrong Creek in McDowell County, North Carolina (see attached map). DE&S has been contracted by the North Carolina Wildlife Resources Commission to prepare the (. necessary project permits, in addition to repairing several fish hatchery structures. In association with the state required Environmental Assessment document (State 1i Clearinghouse), DE&S is requesting information from the Natural Heritage Program regarding the presence of any known rare species, high quality natural communities, and Significant Natural Heritage Areas that may be affected by the project. The proposed project which is located along Armstrong Creek Road (NC Highway 1443), L, northwest of the Town of Woodlawn, consists of a facility upgrade and repair. Projects associated with the existing facility include concrete restoration and intake repair at three existing low-head dams, limited dredging to remove excess silt and debris behind the three dams, placement of ice and leaf booms, replacement of an existing 24-inch water pipe (1,800 linear �.� feet), the addition of several solid removing clarifiers at two hatchery raceways, and the construction of a hatchery building. The only in-stream work will be associated with the removal of silt and debris from the headponds to facilitate greater water capacity. No wetlands �1 will be affected by the project. All other activities will be conducted in upland areas already ' used by the existing hatchery. Appropriate erosion and siltation controls will be used and f maintained in effective operating condition during the construction phases. LJ L LI L t I I If you have any questions or need additional information please contact me at(704) 382-0808. We appreciate your help on this matter. - Li Sincerely, .. Scott T'. Fletch r r Scientist Il � Enclosure 1 � 1 f1 i i � 2 i �uTCH- yy YkNCEy C I`1C�D�t{r^p.�-r l / 7Tn e�nobs S�� Armstrong Fish Hatchery \\ f Project Area LCelo, NC a„? � w^ Little Switzerland, NC, Quad.a}5 USGS 7.5 � —' f USGS 7.5' Quad. L Location ofNCWRC Armstrong Fish Hatchery Project Area. L� J L NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIvisION OF PARKS AND RECREATION March 26, 1999 ' .NCDENR JA...S.HUNTJR. Go�RHOR Mr. Scott T. Fletcher Duke Engineering & Services 400 South Tryon Street WC22K Ole, I SOk4D 17 P.O. Box 1004 ARY Charlotte, NC 28201-1004 SUBJECT: Rare Species, High Quality Natural Communities, and Significant Natural Heritage Areas At the Proposed NC 'NUC Fish Hatchery Improvement Project Site Along Armstrong Creek, Woodlawn, McDowell County,NC Dear Mr. Fletcher: The NC Natural Heritage Program does not have records of rue species, high quality ,A, natural communities, or Significant Natural Heritage Areas at or within a 1.0 mile radius of the proposed NC WRC fish hatchery improvement project site on Armstrong Creek in McDowell County. However,because McDowell County has not been systematically inventoried, I cannot state definitively that no rare species exist in the area of the project. F�j Enclosed is a list of rare species known to exist in McDowell County. If habitat for any of these species exists at the site,the species may be present there. Consultant consideration of the site characteristics should determine if a definitive survey would be needed. Please do not hesitate to contact me at the address below or call me at(919) 715- 8703 if you have any questions or need further information. Sincerely, Susan Reece Giles Information SpecialisC Natural Heritage Program Enclosure P-0*00R27..',RA,g...C37611-7687 PHONE 912-733,4181 FAXPI0-710-3085 AN EQUAL OPP-.'...I I All'... RECYCLEW10%POSTCONSUNER PAPER STATE FED. STATE GLOBAL SCIENTIFIC NAME COMMON NAME STATUS STATUS RANK RANK n McDowell Vertebrate Animals Accipiter cooperii Cooper's Hawk SC - S3B,S3N GS n Clemmys muhlenbergii Bog Turtle T T(S/A) S2 G3 II Coccyzus erythropthalmus Black-billed Cuckoo SR S2B,SZN G5 Coragyps atratus Black Vulture SC - S3 G5 Dendroica cerulea. Cerulean Warbler SR FSC S3B,SZN G4 n Dendroica magnolia Magnolia Warbler SR - S1B,SZN G5 III Invertebrate Animals Hypochilus sheari a lampshade spider SR - S2S3 G2G3 Satyrium caryaevorum Hickory Hairstreak SR - BIBB G4? 1 Speyeria diana .Diana Fritillary SR FSC S3 G3 Vascular Plants n Arisaema triphyllum ssp Bog Sack-in-the-pulpit SR - Si G5T4 II+ stewardsonii Asplenium bradleyi Bradley's Spleenwort C S1 G4 Asplenium ruta-muraria Wall-rue SR - Sl G5 Botrychium jenmanii Alabama Grape Fern SR - S1 G3G4 Bc trychium oneidense Blunt-lobed Grape Fern C - Si G4Q Carex roanensis Roan Sedge C FSC Si Gl Chelone cuthbertii Cuthbert's Turtlehead SR - S3? G3? Coreopsis latifolia Broadleaf Coreopsis SR - S3 G3 Hudsonia montana Mountain Golden-heather E LT Si G1 ( Lilium grayi Gray-. Lily T-SC FSC 53 G3 Lonicera flava Yellow Honeysuckle SR S2 G5? Malaxis bayardii Appalachian Adder's-mouth SR - IN G2? Monotropsis odorata Sweet Pinesap C FSC S3 G3 Oenothera perennis Perennial Sundrops C - Si G5 Parnassia grandifolia Large-leaved C/PT - S1 G3G4 Grass-of-parnassus L1 Rhododendron vaseyi Pink-shell Azalea SR _ S3 G3 ]I Scutellaria saxat111s Rock Skullcap C S1 G3G4 Shortie galacifolia var brevistyla Northern Oconee Bells E-SC FSC Si G2T1Q Thermopsis mollis sensu stricto Appalachian Golden-banner SR - S2 G3G4 1 Trillium simile Sweet White Trillium SR - Si G3 Woodsia appalachiana Appalachian Cliff Fern SR - S1 G4 Zigadenus elegans ssp glaucus White Camas C - S1 G5T4? , l Nonvascular Plants �I Rhabdoweisia crenulata Himalayan Ribbed-weissia C Si G3G4 Natural Communities Acidic Cove Forest - - - S5 G5 Basic Mesic Forest (Montane - - - S1 G? Calcareous Subtype) Basic Oak--Hickory Forest - - - S3 G4 Carolina Hemlock Bluff - - - 52 G2G3 I � Chestnut Oak Forest _ _ _ S5 G5 L Dry-Mesic Oak--Hickory Forest S5 G5 High Elevation Red Oak Forest - - - S5 G5 High Elevation Rocky Summit - - - - S2 G2 Hillside Seepage Bog - _ - S1 G1 Montane Acidic Cliff S3 G4 Montane Calcareous Cliff Si G? Northern Hardwood, Forest (Typic - - - S4 G5 LI Subtype) - - - Pine--Oak/Heath S4 GS Rich Cove Forest S4 G4 Swamp Forest-Bog Complex (Typic - - - S2 G2G3T2 I Subtype) - '(� McDowell*' II Vertebrate Animals lu' Contopus cooperi Olive-sided Flycatcher SC FSC SUB,SZN G5 Invertebrate Animals Caecidotea carolinensis Bennett's Mill Cave Water SR FSC S1 G? Slater "I lu, rMAL HERITAGE PROGRAM, DIVISION OF PARKS AND RECREATION, D£NR January 1999 STATE a 0. STATE GLCBAL SCIENTIFIC NAME COMMON NAME STATUS STATUS RANK RANK Nesticus _arolinensis Linvi_-=- Caverns Spider SR - S1 GI ? Trechus m.,tenellonsis a grocnd beetle SR - Sl? Gi? Vascular Plants Baptisia albescens Thin-ocd White Wild Indigo SR - S2 G4 n Baptisia bracteata var bracteata Creamy Wild Indigo C _ SH G4 GST4? E upatorium godfreyanum Godfrey's Thorough...t SR S1 G4 Liatris aspera Rough ?'razing Star SR - Sl G4G5 Muhlenbergia sebolifera Rack Mchly C - SH GS Platanthera grandiflora Large Pcrple-fringed Orcbld SR _ 32 G5 Prenanthes rcanensis Roan Rattlesnakeroot SR S3 G3 Robinia hispida var fertilis Fruitfc' Locust C - S1 G5TUQ In saddle, Plants - Brach ythecium rotaeanum Rota's Feather Moss SR S1 G3G4 Bryoerythrophyllum inaequalifolium a mass C S1 G4? Bryoxiphium norvegicom Sword Noss SR - Sl G3G4 Cirriphyllum piliferum a mass SR - Sl G5 rI Dichodontium pellucid= a moss SR _ S2 G4G5 li Encalypta process Extinguisher Moss SR S1 G4G5 Entodon compressor Flattened Entodon C - S1 G4 Entodon concinnus Lime Entodon C - S1 G4G5 R4 Entodon sullivantii Sullivant's Entodon SR II _ S2 G3G4 Eucladium verticillatum Lime-seeo Eucladium SR Si G5 Homalia trichomaneides Lime Hcmalia C - S1 G5 Hygrohypnum closteri Closte-'s Brook-hypnum SR - 91 G3 I � Plagiochila virginica var a live-aort SR - S1 G3T3 virginica Platydictya confervoides Alga-like Matted-moss SR - S1 G4G5 -Rhachithecium perpusillum Budding Tortola C - S1S2 G3? Scopelophila cataractae Agoyan Cataract Moss C I _ Sl G3� Scopelophila ligulata Copper Moss SR Sl G5? I McDowell** Vertebrate Animals Cyprinella zanema pop 1 Santee Chub - Piedmont SR - S3 G3T3Q Population 1 � Meotoma floridana haematoreia Southern Appalachian Woodrat SC FSC S2S3 GST4Q Il Vascular Plants Delphinium exaltatum Tall Larkspur E-SC FSC S1 G3 L� Ll NO NATURAL HERITAGE PROGRAM, DIVISION OF PARKS AND RECREATION, DENR January 1999 �i NC NATURAL HERITAGE PROGRAM COUNTY SPECIES LIST COVER SHEET The county species list from the NC Natural Heritage Program is a listing of the.elements of natural diversity (rare species, f� exemplary natural communities, and special animal habitats) known to occur in a county. The information on this printout is J compiled from a variety of sources, including field surveys, museums and herb�i;a, 11;cra;,:rc, and personal communications. The Heritage Program's Biological and Conservation Database (BCD) :s dynamic, with new records being added and old records being revised as new information is received. 'The BCD was developed and is maintained using methodology developed by The Nature Conservancy. The enclosed list cannot be considered a definitive record of natural heritage elements, and it Should not be considered a substitme for field surveys. When this information is used in any document, we request that the printout date be g and that the NC Natural Heritage Program be credited. given I This cover sheet explains the four columns of status codes that are given on the right-hand side of the county status list. STATE STATUS 7 CODE STATUS CODE STATUS rE Endangered P_ Proposed (E. T, or C) T Threatened SR Significantly Rare SC Special Concern EX Extirpated C. Candidate ' Plant statuses are determined by the Plant Conservation Program(NC Department of Agriculture) and the Natural Heritage Program (NC Department of Environment and Natural Resources). E, T, and SC species are protected by state haw (Plant Protection and Conservation Act, 1979). C and SR designations indicate rarity and the need for population monitoring and conservation action. 1 Animal statuses that indicate state protection(E, T, and SC) are published in Endangered Wildlife of North Carolina, March 16, J 1992, Nongame and Endangered Wildlife Program (NC Department of Environment and Natural Resources). SR and EX statuses are Natural Heritage Program designations. SR indicates rarity and the need for population monitoring and conservation action. � I FEDERAL STATUS This stares is designated by the US Fish and Wildlife Service. Federally listed Endangered and Threatened species are protected under the provisions of the Endangered Species Act of 1973, as amended through the 100th Congress. Unless otherwise noted, - defutitions are taken from the Federal Register, Vol. 56, No. 225, November 21, 1991 (50 CFR Part 17). Lt CODE STATUS DEFINITION LE Endangered A taxon "in danger of extinction throughout all of a significant portion of its range." LT Threatened A[axon 'likely to become an endangered species within the foreseeable future throughout all of a significant portion of its range." P Proposed A axon proposed for official listing as endangered or threatened. L C Candidate A taxon under consideration for which [here is sufficient information to support listing. This category was formerly designated as a Candidate 1 (C l) species. FSC Federal "Species of Concern" (also called"Species at Risk"). Formerly defined as a taxon under consideration for which there is insufficient information to support listing; formerly designated as a Candidate 2 (C2) species. Currently, the US Fish and Wildlife Service does not recognize this as an Lofficial designation. T(S/A) Threatened due to Similarity of Appearance. The Endangered Species Act authorizes the treatment of a species (subspecies or population segment) as threatened even though it is not otherwise listed as threatened if., (a)The species so closely resembles in appearance a threatened species that enforcement personnel L would have substantial difficulty in differentiating between the listed and unlisted species; (b) the effect of this substantial difficulty is an additional threat to a threatened species; and (c) such treatment of an unlisted LI species will substantially facilitate the enforcement and further the policy of the Act. The American Alligator has this designation due to similarity of appearance to other rare crocodilians. The Bog Turtle (southern population) has this designation due to similarity of appearance to Bog Turtles in the threatened northern population. IL ui Duke Engineering &Services.. n A Dwke Eo gy Company 400 SouN Try on Street �1 WC22K (704)382-0808 OR'¢e P.O.Box 1004 (704)382-9198 Fax Charloue.NC 28201d004 April 29. 1999 Ms. Renee Gledhill-Earley NC Dept,of Cultural Resources Environmental Review Coordinator r-� Division of Archives and History State Historic Preservation Office 109 E. Jones Street Raleigh,NC 27601-2807 RE: Request for Archaeological Database Information [j Dear Ms. Gledhill-Earley: Duke Engineering &. Service (DE&S) is currently gatheringthe necessary regarding the .preparation of an Environmental Assessment and Section 404 permit in association with the upgrade of a State of North Carolina fish hatchery (North Carolina Wildlife Resources L Commission). This existing trout hatchery is along Armstrong Creek in McDowell County, North Carolina (see attached map). DE&S has been contracted by the North Carolina Wildlife Resources Commission to prepare the necessary project permits, in addition to the design and t construction of several fish hatchery structures. l In association with the NEPA required Environmental Assessment and the Corps permit, DE&S- 1 is required to contact the Department of Cultural Resources regarding the presence of any �J archaeological or historic sites within the project area. On March 24, 1999 DE&S visited the Division of Archives and History — Asheville Wester Office (Mr. David Moore) in an effort to map any known cultural resources within the project area(see attached map). Based on Division �J of Archives and History maps, the following three sites are documented within the project area: I Archaeological site 88 • House Branch of Armstrong Creek, Celo USGS 7.5' Quad. l Archaeological site 89 - Bee Rock Creek, Celo USGS 7.5' Quad. - l • Archaeological site GR-90-80 - House Branch, Celo USGS 7.5' Quad. u DE&S is requesting any available follow-up information on the type and significance of these three archaeological sites. This information will be included in the Environmental Assessment and the Permit associated with the project. Based on the final design plans, these sites will not LI be affected by the proposed project. The proposed project which is located along Armstrong Creek Road (NC Highway 1443), northwest of the Town of Woodlawn, consists of a facility upgrade and repair. Projects I I associated with the existing facility include the construction of three new low-head dams (the existing dams will be abandoned in place), limited dredging to remove excess silt and debris n behind the existing dams, replacement of an existing 23-inch water pipe (1,800 linear feet), the addition of several solid removing clariflers at two hatchery raceways, and the construction of a hatchery building. The only in-stream work will be associated with the dam construction and n removal of silt and debris from the headponds to facilitate greater water capacity. All other activities will be conducted in upland areas already used by the existing hatchery (e.g., existing rl raceways and building lots). I f If you have any questions or need additional information please contact me at (704) 382-0808. r We appreciate your help on this matter. I�I Sincerely le ch� r Scientist I Enclosure cc: Todd Heavner(Geotechnical Services 13339 Hagers Ferry Road) - ff DE&S Records Center(WID 00906.00.001.00.00001) L17 L1 I� ILJ LJ LJ L i North Carolina Department of Cultural Resources rJames B.Hunt Jr.,Gm cmor Division of Archives and History Betty Ray McCain,Secretary Jeffrey J.Crow,Director MAILING ADDRESS LOCATION 4617 Mail Service Center 507 North Blount Street Raleigh, NC 27699-4617 Raleigh, NC State Courier 53-31-31 June 11, 1999 Scott T. Fletcher (t, Duke Engineering and Services ; P.O. Box 1004 Charlotte NC 28201-1004 r� Re: Request for archaeological data base information, l . Armstrong Creek, McDowell County, ER 99-8842 Dear Mr. Fletcher: Thank you for your letter of April 29, 1999, concerning the above project. [[ The three archaeological sites mentioned in your letter are recognized by the state site L_J numbers 31MC87, 31MC88, and 31MC123. None of these sites has been evaluated for eligibility for the National Register of Historic Places. None of the remaining project I area has been surveyed for archaeological resources, and it is likely that additional sites are present. Before recommending an archaeological survey for this project, we ' would like to review the actual construction plans to assess the potential effect of the project on archaeological resources. We will complete our review as quickly as possible after receiving this planning information. L; The above comments are made pursuant to Section 106 of the National Historic Preservation.Act and the Advisory Council on Historic Preservation's Regulations for LCompliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, a Da�oo- k L Deputy State Historic Preservation Officer DB:slw L L L109 East Jones Street•Raleigh,North Carolina 27601-2807 9 Duke Engineering &Services,. - - A Duke£nerd Company 400 South Tryon Saee[ n WC22K (704)382-0808 Ofce P.O.But 1004 (704)382-9198 Fax Charloae,NC 28201.1004 March 23, 1999 ff Mr. Mark Cantrell I� U.S. Fish and Wildlife Service 160 Zillicoa Street n Asheville, NC 28801 ' { Dear Mr. Cantrell: 7 i Duke Engineering &. Service (DE&S) is currently gathering the necessary information in association with an Environmental Assessment and Nationwide Permit application for repair and rehabilitation of a State of North Carolina fish hatchery (North Carolina Wildlife Resources Commission). This existing trout hatchery is along Armstrong Creek in McDowell County, North Carolina(see attached map). DE&S has been contracted by the North Carolina Wildlife L Resources Commission to prepare the necessary project permits, in addition to repairing several t fish hatchery structures. - L�1 In association with both the state required Environmental Assessment (State Clearinghouse) and ] the Nationwide Permit No. 3 (i.e., repair, rehabilitation, or replacement of previously authorized str-,:tares), DE&S is required to contact the US Fish and Wildlife Service (USFWS) regarding rl the presence of any federally listed or proposed for listing endangered or threatened species or L J. . associated critical habitat that may be affected by the project. A list of the species that have been documented in McDowell County has been provided in this letter. This list is basedon the ' Asheville Field Office's Updated Counry Species List(1997). 1 The proposed project which is located along Armstrong Creek Road (NC Highway 1443), l northwest of the Town of Woodlawn, consists of a facility upgrade and repair. Projects LJ associated with the existing facility include concrete restoration and intake repair at three existing low-head dams, limited dredging to remove excess silt and debris behind the three dams, Ljplacement of ice and leaf booms, replacement of an existing 24-in water pipe (1800 linear feet), the addition of several solid removing clarifiers at two hatchery raceways, and the, construction of a hatchery building. The only in-stream work will be associated with the removal of silt and debris from the headponds to facilitate greater water capacity. No wetlands Ll will be affected by the project. All other activities will be conducted in upland areas already used by the existing hatchery. Appropriate erosion and siltation controls will be used and ' maintained in effective operating condition during the construction phases. u f I ' 1 u f If you have any questions or need additional information please contact me at (704) 382-0808. If the November 4, 1997 Updated County Species List has been updated could you please serid us 1, the revised list. We appreciate your help on this matter. r Sincerely, r Scott h?' Ia� Scientist I ; Enclosure (( 1 f ! rrl I1 f ; iJ 1_J l � _i L 2 �l. Federally List Species of McDowell County Vertebrates Bog turtle Clemmys muhlenbergii T(S/A) Olive-sided flycatcher Contopus borealis FSC Cerulean Warbler Dendroica cerulea FSC r' S.Appalachian Woodrat Neotoma floridana haematoreia FSC* II Invertebrates Bennett's Mill Cave Water Slater Coecidotea carolinensis FSC Diana Fritillary Butterfly Speyeria diana - FSC Vascular Plants Roan Sedge g Carex roanenis FSC Tall Larkspur Delphinium exaltatum FSC** Mountain Golden Heather Hudronia montana Threatened Rocky Shoal Spider Lily Hymenocallis coronaria FSC _ -� Butternut Juglans cinerea FSC -� Gray's Lily Lilium grayi FSC Sweet Pinesap Monotropsis odorata FSC Northern Oconee-Bells Shortia galacifolia var. brevisryla FSC li tfJ LJ L' L COJ ,� �� i�Three�_n oils a � e , �� .Armstrong Fish Hatchery Project Area Celo, NC (j 5 =- Little Switzerland,NC; USGS 75 Quad,M . r} USGS 7.5' Quad. LLocation of NCWRC Armstrong Fish Hatchery Project Area. 4 u STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO, NCG530000 TO DISCHARGE SEAFOOD PACKING AND RINSING, FISH FARMS AND SIMILAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage issued by the Environmental Management Commission to allow the discharge of wastewater in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective August 1, 1997. This permit shall expire at midnight on July 31, 2002. Z -i.( A. Preston Howard,Jr., P. irector Division of Water Quality By Authority of the Environmental Management Commission i ! ! ! \ \ ; ! ) { \ § - Sol , � ( {\ #r r } - m ; ! { ( c \ / \) § ® § ! ! Ow E ` w \ \ \ ) z ;; ` / . [ - � / � ( \\ } \ }\ § ) \ \ \ \ / / ) ('r General Permit NCG530000 PART SECTION U. SCHEDULE OF COMPLIANCE 1. The permittee shall comply with Final Effluent Limitations by the effective date of the Certificate of Coverage. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities in accordance with Part II.C.2 of this permit. PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority, The Director of the Division of Water Quality. 2. DWO or Division: Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC: North Carolina Environmental Management Commission. 4. Permitter: The entity who obtains coverage under this general permit by subsequent issuance of a "Certificate of Coverage" by the Division of Water Quality. 5. Act or "the Act": The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,33 USC 1251,et.seq. 6. Concentration Measurements a. Average Monthly Concentration: The sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value in the case of grab samples is the _ arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. b. Maximum Daily Concentration: The concentration of a pollutant discharge during a calendar day..If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" in Part I of the permit. c. Daily Average Concentration (for dissolved oxygen): The minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as the "daily average" in the text of Part I. 7. Other Measurements a. Flow (MGD): The 24 hours average flow,averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. - b. Instantaneous Flow Measurement: A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Page 1 of 10 General Permit NCG530000 c. Continuous Flow Measurement: A measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Grab Samples: Individual samples of at least 100 nil collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. li 9, Calculation ofM a Arithmetic Mean: The summation of the individual values divided by the number of individual values. b. Geometric Mean: The Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one(1). c. Weighted by Flow Value: The summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day, The period from midnight of one day until midnight of the next day. However, for purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. . 11. Hazardous Substance: Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12, Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 13. Bypass, The known diversion of waste streams from any portion of a treatment facility (including the collection system),which is not a designed or established or operating mode for the facility. 14. Severe nronerty damage, Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. _ 15. URset, An exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permitter. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee most comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reismance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations Page 2 of 10 C, General Permit NCG530000 that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year,or both. Any person who knowingly violates permit conditions is subject to criminal penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)]. c. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms,conditions, or requirements of a permit. [Ref: North Carolina General Statutes§143-215.6(A)]. 2, Duty t!2 M't'gate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and C 'urinal Liability - Except as provided in permit conditions on"Bypassing" (Part II, CA) and "Power Failures" (Part II, C.7.), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil andHa d 5mbstance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act,33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. S. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations. 6. Onshore or Offshore Constru fion This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. - 7. S ver bil'ty The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty tQ Provide Info matio The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. Page 3 of 10 General Permit NCG530000 9. I to Reapply If the permittee wishes to continue an activity regulated by this permit July 31, 2002, the permittee.nar t apply for and obtain a new permit. 10. Permit Termination After public notice and opportunity for a hewing, the general pemrit and Certificates of Coverage issued under this general permit may be terminated for cause. 11. When an Individual Permit may be Required The Division may require any owner authorized to discharge under this permit to apply for and obtain an individual permit. Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollution. b. Conditions at the operating facility change altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a General Permit. c. The discharge violates the terms or conditions of this permit. d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source. e. Effluent limitation guidelines are promulgated for the point sources covered by this permit f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this permit. This permit may be terminated as to an individual owner for any of the reasons set forth above after appropriate notice in accordance with N.C.G.S. 143-215.1. 12. when an Individual Permit may be Requested Any permittee operating under this permit may request to be excluded from the coverage by applying for an individual permit. When an individual permit is issued the applicability of this general .permit is automatically terminated on the effective date of the individual permit. 13. SSenatorg Requirements All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified. I j a. All permit applications shall be signed as follows: -� (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary,treasurer or vice president of the corporation in -� charge of a principal business function,or any other person who performs similar policy or decision making functions for the corporation,or(b)the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively; or (3) For a municipality,State,Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; Page 4 of 10 ( rr� General Pemut NCG530000 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position);and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification: Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify,under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information, the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 14. Permit Actions This permit may be modified,revoked and reissued,or terminated for cause. The filing of a request by the permittee for a permit modification,revocation and reissuance,or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 15. Permit Modification, Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. SECTION C OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The permittee shall notify the Division's Operator Training and Certification Unit within thirty days of any change in the ORC status. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense - It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypa5sing of IreatmentFacilities Page 5 of 10 General Permit NCG530000 a. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b.and c.of this section. 1 P gr b. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice,if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part B,E.5. of this permit. (24-hour notice). c. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a per tittee for bypass,unless: (a) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (c) The permittee submitted notices as required under Paragraph b. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance,is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed,contemporaneous operating logs,or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s)of the upset; (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II,E.5. (b) (2) of this permit. (4) The permittee complied with any remedial measures required under Part II, B.2. of this permit. c. Burden of proof.- In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed S b tances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCG5143-215.1 and in a manner such as to prevent any j pollutant from such materials from entering waters of the State or navigable waters of the United States. Page 6 of 10 General Permit NCG530000 The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503,any permit issued by the Permit Issuing Authority for the disposal of sludge may be reopened and modified,or revoked and reissued,to incorporate applicable requirements a t 40 CFR Part 503. The permittee shall comply with applicable 40 CPR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall 'notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Eailmro The pertnittee is responsible for maintaining adequate safeguards as required by DWQ Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. SECTION D. WQNITORING AND RECORDS I, Re, reaeotatiye Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of-measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. 3. Test Procedtirea Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to _ NCGS 143-215.63 et. seq., the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g),33 USC 1314,of the Federal Water Pollution Control Act, as Amended, and Regulation-40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures most produce mmi num detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If ro approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 4. Penalties for Ta_mne '*+ The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction,be punished by a fine of not more than $10,000 per violation, or by imprisonment for not mom than two years per violation, or by both. Page 7 of 10 General Permit NCG530000 5. Records Retenlign The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit,for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 6. Recording Rests For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements;, c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techmf ues or methods used;and f. The results of such analyses. 7. I„g t� nod Entry 1I The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law,to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy any records that must be kept under the conditions of this permit; C. Inspect any facilities,equipment(including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location. I SECTION E. REPORTING REOUIREMENTS 1. Change i Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that -i authorized shall constitute a violation of the permit. 2. Planned Chanees The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CPR Part 122.29 (b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit,nor to notification requirements under 40 CPR Part 122.42(a) (1). General Permit NCG530000 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit and incorporating such other requirements as may be necessary under the Clean Water Act. , S. Duty to Report Noncompliance a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be providedwithin 5 days of the time the permittee becomes aware of the circumstances. (1) The written submission shall contain a description of the noncompliance,and its cause;the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue;and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 6. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit the correct facts or information. 7. No complianceNotification Procedure The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic,such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 8. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be made available for public inspection at the offices of DWQ or at the site of the discharge within a reasonable time period, not to exceed five (5) days. As required by the Act,effluent data shall not be considered confidential. Knowingly Page 9 of 10 General Permit NCG530000 making any false statement many such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction,be punished by a fine of not mom than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS 1. Previous Permits All previous State water quality permits issued to this facility for this particular discharge, whether for construction or operation or discharge,are hereby revoked by issuance of this permit and subsequent issuance of a Certificate of Coverage. The conditions,requirements,terms,and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. 2. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to DWQ and approval has been granted by the Division. Design and operation of facilities and/or treatment works shall be in accordance with the application and supporting information. If facility deficiencies, design and/or operational, are identified in the future which could affect the facility performance or reliability, it is the responsibility of the permittee to correct such deficiencies. 3. Limitations Reopener This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2), and 307(a) (2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or - b. controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain my'other requirements in the Act then applicable. PART IV ANNUAL ADMINISTERING &COMPLIANCE MONITORING FEE The permittee most pay the annual administering and compliance monitoring fee (if any such fee is assessed) within 30 days after being billed by the Division. Failure to pay such fees in a timely manner in accordance with 15 NCAC 2H.0105(b)(4) may cause the Division to initiate action to revoke the Certificate of Coverage. Page 10 of 10 dr%Duke Engineering &'services , A Duke Energy Company 400 South Tryon Street (704)382-0808 Office WC22K (704)382-9198 Fax P.O.Box 1004 Charloue,NC 28201-1004 September 16, 1999 Mr.Art Dutton NC Department of Environment and Natural Resources Division of Water Quality 59 Woodfn Place Asheville,NC 28801-2482 RE: The NCWRC Armstrong Fish Hatchery Upgrade-NPDES backup information Dear Mr.Dutton: On September 9, 1999 Duke Engineering & Services (DE&S) contacted you regarding the NPDES notification process associated with the upgrade of a State of North Carolina Armstrong Fish Hatchery(North Carolina Wildlife Resources Commission). This existing trout hatchery is along Armstrong Creek (Armstrong Creek Road - NC Highway 1443), near Marion in McDowell County, North Carolina. DE&S has been contracted by the North Carolina Wildlife Resources Commission to prepare the necessary project permits and reports, in addition to the design and construction of several fish hatchery structures. The following is the requested copy of the current design plans(2)and associated cover letter. In that phone conversation and prior conversations with Dave Goodrich of your Raleigh office, we discussed what the site specific NPDES review process entailed, considering the fact that the facility was granted General Permit renewal in July of 1997. We also discussed the fact that a state-of-the-art effluent treatment system (see attached specifications) would be installed and would produce significantly cleaner discharge than that produced by the current permitted system. You had also stated that with this submittal of information,the NCWRC would not require any additional discharge permit, amendment, or an authorization to construct notification from the DWQ. Moreover, you stated that upon receipt of this information, there was no reason for a DWQ response and that construction could proceed as far as the NPDES permit process was concerned. You also pointed out that your office had reviewed this design information in association with the Section 401 Water Quality Certification process. If you have any questions or need additional information please contact me at(704)382-0808. We appreciate your assistance on this matter. ��Sinc//e/[f Ig Sc`ett .FI the Scientist Enclosure 0! �t cc: Mallory Martin-NCWRC { DE&S Records Center(00906.00.0001.00.00001) Todd Heavner-DE&S Geothechnical Services(Mcguire) State ID#4398610034A Code 49861 Item 34 Date: September 1999 Revision: 0 ATTACHMENT 15010—F ALTERNATIVE I EFFLUENT TREATMENT SYSTEM SPECIFICATION 1.0 General Description LA. Solids Removal Solids will be removed from the quiescent zone at the end of each raceway with a 2000 gallon (80 to 100 gpm) trailer mounted vacuum tank with a 500 gpm discharge flow rate. The vacuum pump on the trailer will be driven with a gasoline engine with an electric start. On the influent end of the tank, a two inch diameter flexible hose will be used during the vacuum process. The flex hose will be fitted with an 36 inch wide vacuum head with a suction slot to more efficiently remove solids that have settled within the raceways. On the effluent side of the vacuum tank a three inch hose will be added to allow for a 500 gpm flow to be pumped from the vacuum tank into an above ground storage tank. I.B. Settling Tank (Above Ground) The above ground storage tank shall have a capacity of approximately 6000 gallon with a conical shaped bottom with two effluent feed lines draining through the bottom. Solids pumped into the tank will be allowed to settle for 24 hours. After the solids are settled, the clear supernatant will be removed from the top of the tank down. This will be accomplished by opening a series of valves attached to the manufactured flanged pipe connections on the outside of the tank. Once all of the clear supernatant is removed the remaining sludge containing approximately 1-2 % solids will be pumped to the Draimad treatment system to de-water and containerize the sludge inside of disposable bags. I.C. Equipment Storage Shed A 12 ft by 20 (ft)by 8 ft metal building will be placed on a concrete slab to house the Draimad system. Power for the building will be supplied from the storage building approximately 150ft upstream. An LP supplied gas heater will supply heat for the building. The building will be located between the circular and narrow raceways. A general schematic of the effluent treatment system is presented in section 2.0. Section 15010 Attachment F- I State ID#4398610034A Code 49861 Item 34 Date: September 1999 Revision: 0 2.0 General Schematic of the Effluent Treatment System Solids settle in the quiescent Removal by 11: gel Pumped into a 6000 gallon zone of the Raceways vacuum truck above ground storage park with a conical shaped bottom Clean Supernatant will be removed by opening valves located at varying depths along the side of the tank and discharged to Solids will settle for 24 the stream Discharge hours inside the tank m Stream Biosalids solids removed with the remaining in tank Dpaimad System effluent sent in the stream 3.0 Detailed discussion of Proposed System Equipment 3.A. Settling Tank (Above Ground) 6000 Gallon Upright Settling/Storage Tank — cylindrical, cone bottom tank molded in one-piece seamless construction by rotational molding. The tank should be designed for above-ground, vertical installation and capable of containing chemicals at atmospheric pressure. Slope on the conical shaped bottom: 30% Material: HDPE - Dimensions: 142 inch diameter, 134 inch height with a 18 inch man-way. Wall Thickness: designed in accordance with requirements to accommodate a 1.9 specific gravity of liquid to be stored in the tank. The wall thickness may very with hydrostatic head per the following equation: T=[(0.433)(S(3)(H)(OD)l / [2(SD)l T—wall thickness SD—hydrostatic design stress,PSI (600 psi) H—fluid head(ft) OD—outside diameter,in. SG—specific gravity(1.9) The tank shall be fitted with three molded lifting lugs at the top of the tank. Additionally the tank should be constructed with four tiedown support lugs. Section 15010 Attachment F-2 State ID#4398610034A Code 49861 Item 34 Date: September 1999 Revision: 0 The tank shall be manufactured with flanged connections for attachment to flanged PVC pipe in the field. Refer to Drawing No. AH - 1425 — 03 for size, number and location of flanged connections. The tank will be placed on a 30 degree tank stand with a gross weight capacity of 250,000 pounds. This gross weight assumes a specific gravity of 1.9 and a 2.4 safety factor. The stand will be anchored to an appropriate concrete support structure and the tank adequately secured. The cone bottom tank stand shall be offered in painted mild steel. Mild steel parts shall be de-burred and painted with a chemical resistant chlorinated rubber enamel paint. Construction dimensions, placement requirements, and piping details are presented in Drawing No. AH-1425-03. The tanks shall be marked to identify the producer, date of manufacture, capacity, and serial number. All tank fittings shall be installed, removed and shipped separately. 3.13. Trailer Mounted Tank And Pump System A 2000 gallon tank and a 180 to 190 cfrn gasoline driven vacuum pump (Moro M-10 or approved equivalent)with electric start(including battery)to be mounted on a dual axle trailer with hydraulic brakes and lights in compliance with DOT requirements. The tank and trailer should be painted in accordance with industry standards to prevent rust. The trailer should be fitted with a 2 inch flex hose (on the influent side). The hose will be connected with a Tandum® 36 inch vacuum head (or approved equivalent). The vacuum head will be constructed with heavy duty polished aluminum with a 200 square inch suction area and adjustable floating brushes and wheels that are replaceable. To be fitted with a 18-24 inch wide triangular head with a suction slot to remove solids from the bottom of each raceway. The effluent side of the vacuum tank will be fitted with a three inch flexible hose all hoses should have a minimum pressure rating of 43 psi. One hundred feet of the two inch hose and 50 feet of the 3 inch hose is required. The trailer should be fitted with two hose reels designed to hold the respective hoses. 3.C. Draimad Sludge De-watering System General Equipment Description These specifications encompass equipment which pumps a sludge stream and combines it with a conditioning polymer, then flocculates it and injects it into an enclosed hood which funnels the conditioned sludge into suspended porous filter bags. The filter bags allow free water to drain out, retaining the solids within the filter bags. Through timers and level controls, the system senses when the filter bags are full and automatically shuts down the operation. Filter bag handling equipment is provided for removal of the filter bags and for transport of the filter bags to drying areas. Section 15010 Attachment F-3 State ID#4398610034A Code 49861 Item 34 Date: September 1999 Revision: 0 Equipment Details A. Sludge Pumping and Conditioning A sludge pumping & conditioning system shall be provided, consisting of a progressive cavity pump, a 90 gallon polyethylene, mechanically stirred polymer mix and storage container, an internal static flocculator for the sludge/polymer mixture, a diaphragm metering pump for polymer injection, and electrical controls for automatic operation. The above will be factory mounted, wired and plumbed on a 24" x 24" aluminum stand. 1. Sludge Pump The sludge pump shall be a progressive cavity, MOYNO Model 367 pump. It shall be powered by a belt driven 1.5 HP, 1 phase, 115 V, 60 Hz motor. Pulley speed reduction capabilities shall be provided. The pump shall be capable of maintaining a 10 foot suction head when wetted and deliver about 20 gpm. If solid particles greater than %z" are expected, a strainer or grinder mechanism is required. The pump provides pumping, metering and a method of automatic on-off control. 2. Polymer Make Up Container The polymer will be made up in batches in a 90 gallon polyethylene container. A water tap into the container shall be provided for hose or hard piping hookup. The inlet water will pass through a mounted wetting funnel. The polymer will be hand poured into the funnel to be mixed with the incoming water. The polymer solution shall be gently stirred by means of a three blade propeller driven by a gear reduced 1/6 HP Maxi- Torq unit. 3. Polymer Feed Pumn The mixed and aged polymer shall be injected into the sludge feed line by a diaphragm pump capable of pumping up to 1.6 gpm. The flow rate shall be controlled by a valved bypass of a portion of this flow back to the container, or by maintaining a back pressure with a throttle valve. The pump shall have an automatic shut off in the event of a plugged line or excessive discharge pressure. 4. Static Mixer Piped and located within the polymer tank shall be an enclosed pipe system, which allows flocculation of the sludge and injected polymer. Numerous bends in the line shall mix the sludge and polymer before it leaves the sludge conditioning system. 5. Electrical Controls A NEMA 4 X fiberglass panel shall be mounted on the conditioning stand. The main power source to the panel must be a 115 Volt, 20 amp service which can be either hard wired or receptacle wired. A separate H-O-A switch shall be provided for each of the following: 1) sludge pump, 2) mixer motor, 3) polymer pump, and 4) the sludge dewatering unit. The control panel shall receive control signals from the dewatering unit and operate the individual functions accordingly. Section 15010 Attachment F-4 State ID#4398610034A Code 49861 Item 34 Date: September 1999 Revision: 0 B. Sludge Dewatering Unit The dewatering unit shall be a 304 stainless steel rigid frame assembly consisting of an enclosed hood connected to a number of funnels, which are connected to the bottom of the hood. Each funnel shall have a clasp for rigidly fastening the filter bags to the respective funnels and the filter bags shall be contained within latterly hinged cages. The filter bags will rest on a lower support frame. Below this frame shall be an open pan with a drain to capture the water which drains from the filter bags. Units are available in 3, 6, and 12 filter bag capacities. For this project, 1 Model 12 BCAP unit(s) is required. C. Sludge Dewatering Unit Controls The control panel shall be provided for exterior mounting on the dewatering unit and shall have an interior face panel, which is visible through the glass door. The electrical panel shall be solid state with LED indicating lights. This panel will receive its power from the sludge conditioning control panel. The panel functions shall include a start/stop button and appropriate adjustable timers to allow automatic operation. Within the hood of the unit shall be mounted level sensors. One sensor shall sense a high level condition within the hood and signal the shm- down of the sludge feed system. The other sensor shall sense a low level condition and shall signal the start-up of the sludge feed system. In the event filling of the filer bags does not meet operator preset conditions and times, the system shall be capable of automatically sensing this failure and signal an alarm condition. The system will shut down at this point. D. Sludge Filter Bags Filter bags shall be provided by the manufacturer. The filter bags shall be non- woven porous filter bags made of a polypropylene material. Each filter bag shall have a volume of 22.5 gallons (85 liters) and shall handle up to 3 psi without breakage or tearing. E. Filter Bag Handling Cart A filter bag handling cart shall be provided. The cart shall have two rubber tire wheels and a geared hand crank lift. The cart shall be equipped with extended forks that can be inserted between the filter bag support members of the dewatering unit. The lift cart shall be capable of supporting, lifting, and removing a filled filter bag off the unit. The cart shall be fabricated of mild steel and be painted with machinery type paint. F. Filter Bag Tying Tool A filter bag tying tool shall be provided along with tie wires. These ties shall be wire strips with a wire loop on each end. The tool shall be capable of insertion to the wire loops and with a pull of the tying tool, the wire will be twisted. The wires will tie off the filter bag in no more than three pulls. G. Air Pressurization The unit will be equipped with the ability to air pressurize the filter bags to 3 psi. The hood over the filter bag inlets will be enclosed to handle pressure. An outlet Section 15010 Attachment F-5 State ID#4398610034A Code 49861 Item 34 Date: September 1999 Revision: 0 port at the top will be equipped with a pressure relief valve and regulator. A 24 V air valve will be provided and will allow air into the hood. A compressor will be mounted on the unit and have a minimum capacity of 1 cfm. An H-O-A switch will control this compressor. When in the automatic mode, pressurization will occur during periods when the solids are draining between the high level electrode level and the low level electrode level. The pressure relief valve will release excess air to maintain the pressure. When operated in the hand mode, a timer controls the length of time the compressor is on. The maximum time the compressor can be on will be 6 hours. H. Guarantee The manufacturer shall warrant the structure and all equipment on the DRAIMAD to be free from defects or deficiencies in material and workmanship for a period of one year from date of start-up. 3.1). Equipment Storage Shed The Draimad system will be housed within a 12 ft by 20(ft) by 8 ft metal building built on a concrete slab. The building will be constructed in accordance with the building specifications of the Steelox Systems, Inc. TEC-LINE 12 insulated building. The building will be constructed in accordance with the details presented in Drawing No's. AH— 1100—03 and All— 1154—01. Section 15010 Attachment F-6