Sunburst Trout Snowbird Trout

ATTACHMENT A
P ..
a7.
.
Figure 1 . Lower raceways for trout farm, view from inlet
end, 10/06/98 .
I
I -
Figure 2 . Lower raceways for trout farm, view from discharge
end, 11/04/98 .
' 1

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0, . .

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f _.all
ATTACHMENT A
igure 4 . Bridge • • • • Creek
located on far left (upstream) side of bridge,
• • i
tc
Figure 5 . Break-up box structure located at the head of
the proposed raceways, 10/06/98 .
.T, .i.

RT :AROLINA DEPARTMENT OF
_ ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
k 7(,..7 f'iHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
March 20, 2000
AMES B.HUNTJR',,
�+,GOVERNOR
Wit
r s' Mr. Richard Jennings
9 Sunburst Trout Company, L.L.C.
128 Raceway Place
� � Canton, North Carolina 28716
tu• RY -
a -
s� -34 Subject: Permitting of New Trout Farms
' Lake Santeetlah Tributaries
.. Graham County
Dear Mr. Jennings :
Per your request made during our meeting on March 6,
'� � 2000, this letter is to advise you that the Division of
q .
Water Quality will not issue NPDES Permits for new trout
- .k` farms which would discharge into any tributaries of Lake
Santeetlah. A copy of this policy is attached for your
reference.
e r �, a
Even though construction at your farm on Big Snow Bird
Creek was initiated prior to- this policy, the Division sent
you a separate denial letter for this project on April 1,
1999. A copy of this letter is also attached.
1 r J
14
If we can be of.. further assistance, or if you need
additional information, please do not hesitate to contact
Keith Haynes or me at 251-6208
Sincerely,
orrest R. Westall
.; Water Quality Regional Supervisor
'Y .
Keith Haynes w/o attachments
t
t �
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 2880 1-24 1 4
, t PHONE 828-25�1-6208 FAX 82B-251-6452
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER — 50% RECYCLED/10% POST—CONSUMER PAPER

i
I
State of North Carolina
Department of Environment •
and Natural Resources •
Division of Water Quality
i James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary NCDENR .,
Kerr-T. Stevens, Director
April 1, 19991'f
M,
CERTIFIED MAILp/r
RETURN RECEIPT REQUESTED +
f r
I Mr.Richard Jennings ',6 f:
jSunburst Trout L.L.C.
128 Raceway Place
Canton,North Carolina 28716
Subject: Denial of Request for NPDES Permit
Sunburst Trout L.L.C.
Haywood County
r
Dear Mr.Jennings:
i
Your application for the issuance of a NPDES permit was received on September 24, 1998. Based
on the documentation of water quality problems, nuisance algal blooms, and high nutrient levels in the
Snowbird Creek and West Buffalo Creek arms of Lake Santeetlah, the Division is hereby notifying you of
our intent to deny your request for a permit. Our data indicate that trout farm discharges to the
aforementioned creeks have contributed to blue-green algal blooms and impaired uses downstream. Big
Snowbird Creek, the receiving stream for your proposed trout farm is a tributary to Snowbird Creek. No
new construction or expansion of trout farms in the Lake Santeetlah watershed will be allowed until there is
I
improvement in the quality of the lake.
I
An intent to deny your permit renewal request will be published in The Mountaineer and The
I Asheville Citizen-Times unless you choose to withdraw your request. You will have until April 14,1999 to
make your decision. Please be aware that if future sampling data show improvements in the water quality in
the West Buffalo Creek and Snowbird Creek arms,the Division will reconsider your application at that time.
i
j If your have any questions concerning this permit denial, please contact Ms. Jacquelyn Nowell at
telephone number(919)733-5083 ext.512.
Sincerely,
David A. Goodrich
NPDES Unit Supervisor
I
cc: Central Files
Asfieviale Regional.Office;Water_Qua1i _
! NPDES Unit,Permit File
Point Source Compliance/Enforcement Unit
Attorney General's Office
j Haywood County Health Department
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]/FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
I
i

State of North Can ha
Department of Environment • •
and Natural Resources ��
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
May 26, 1999
Mr.Richard Jennings 41
Sunburst Trout L.L.C. t��' � �5" �
_ 128 Raceway Place °Y
Canton,North Carolina 28716 ,/
F
Subject: NPDES Permit Applications�E�'l�hr / `9Xr
Sunburst Trout L.L.C.
Return#2048 �" ✓
_Na3Awuod County
Dear Mr.Jennings:
This is the follow-up correspondence to the April I` letter sent to you concerning denial of your
NPDES permit application. As previously stated, with the documentation of .eater quality problems,
nuisance algal blooms, and high nutrient levels in the Snowbird Creek and West Buffalo Creek arms of Lake
Santeetlah,no new construction or expansion of trout farms will be allowed until there is improvement in the
quality of the lake. Based on telephone conversations with your legal representative, it is our understanding
that you are formally withdrawing your application. Therefore, the Division is returning your application
with this letter.
Please be aware that the operation of waste treatment works or discharge to surface waters without
an NPDES permit would violate NCGS 143-215.1 and could result in the assessment of civil penalties of up
to$10,000 per day.
If your have any questions regarding this matter,please contact Ms. Jacquelyn Nowell at telephone
number(919)733-5083 ext. 512.
Sincerely,
IcZA'iVl-�L�.� .
rr T. Stevens _U _
cc: Central Files
A_sh'evil'le>Regional Office_Water Quality-'
NPDES Unit,Permit File
Point Source Compliance/Enforcement Unit
Attorney General's Office
Haywood County Health Department
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]/FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

Farms NC0086533
PF
Subject: Sunburst Trout Farms NCO086533
Date: Wed, 18 Nov 1998 17:04:20 -0500
From: Jackie Nowell <[e-mail]>
To: Dave Goodrich<[e-mail]>
Talked with Liz Dickson of ARO about this project. Told her of
D,�relc m_nary recommendation for denial of NPDES permit based o
I/ information in J mennessee Basinwide P an. Algal hl _a and
igh nutrients in West Buffalo Creek and Snowbird Creek arms of
Santeetian ity of
eff in and expa of
trout farms should be limited until improvement of downstream wa r
qual' ie rough periodic monitoring.
Liz told me that four trout far st Buffalo had quarterly
monitoring for NH3, TKN, NO2+NO3, TP and PO4 in their NPDES permits. I
e i e o anew rou arm is a owe in o ,�
the ARO—would prefer an NPDES permit because then better tabs could be
_kept on the discharger. ) Through inspections, site visits, etc. The
Sunburst Farms is about`25%4tomplete and have ceased construction until
a response received from NPDES. I asked her if increased monitoring of
nutrients could be an option for a new farm. She said that the existing
dischargers had not been sampling at all. An arrangement was made and
they are being sampled by an Ag Ext agent and that increased monitoring
would be costly and a hardship.
They want to discuss with you while you're in Asheville.
1 of 1 11/21/98 9:56 AM

Date sent: Fri, 21 May 1999 17:02:38 -0400 -Tb
From: "Jackie Nowell" <[e-mail]>
To: � Liz Dickson <[e-mail]>
Subject: Re: Dick Jenning's Trout Farm Permit
Hi Liz, Happy Friday,
I have just drafted a letter for Tommy's signature where we will be
returning Mr. Jennings application. His lawyer had called us a couple
of times a few weeks ago after they received our letter saying that
Mr. Jennings was going to withdraw his application via a letter to
Dave. This letter was also going to explain how Mr. Jennings trout
farm based on its operation would not cause any impact to the stream.
We were waiting on the letter and did not publish a notice of denial.
We ,never received the letter but Dave felt that based on the
conversations with Mr. Jennings' attorney (Billy Clark?) we should
just return the application. So the current status is a return
letter awaiting Tommy's signature.
Liz Dickson wrote:
> Jackie -
> Could you please update me on the status of issuing or denying
> the permit for Dick Jenning's trout farm on Snowbird Creek in
> Graham County? We just received the April 1 letter from Dave to Mr.
> Jennings yesterday. Was the intent to deny the permit request
> published in the newspapers in April? Have you heard anything from
> Mr. Jennings?
> Thanks,
> Liz Dickson
> NCDENR
> Division of Water Quality
> Asheville Regional Office
> E-Mail: [e-mail]
> Phone: [phone], ext. 288
Liz Dickson -- 1 -- Mon, 24 May 1999 08:12:10

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F
m: "Forrest Westall" <Forrest [e-mail]>
ganization: Asheville Region of NCDENR
To: Tommy Stevens <[e-mail]>,
"Coleen Sullins" <[e-mail]>
Date sent: Tue, 16 Mar 1999 10:52:07 EDT
Subject: Re: Dick Jennings and the Proposed New Snowbird Creek Trout Farm, G
Copies to: Forrest Westall <Forrest [e-mail]>,
[e-mail],
[e-mail],
[e-mail],
[e-mail]
Priority: normal
Attached to this note is an old e-mail from Coleen concerning the
enforcement case on this farm. Tommy assessed the facility and the
owner, Dick Jennings, paid the fine. Before he did so, he came by to
visit with me to let me know that he understood why we assessed the
penalty and that he wasn't upset with me or DWQ, he did, however,
refuse to withdraw his application for a permit. I indicated to him
that I had recommended denial of the permit. He really expects this
action, but is willing to "make" us make a decision by letting the
application stay alive. As I have said, I do not know what Dick will
do if we go to notice with intent to deny, but I believe we need to
act, because many of the folks in Graham County and those that have
property on the lake are watching this issue.
Back some months ago, we sent down a memo for the Section
Chiefs signature directing staff not to process any additional trout
farm permits for discharge to the West Buffalo arm of Lake Santeetlah.
We later amended that memo to include the Snowbird Creek arm and
finally, recommended a permit mortorium on new discharges of nuturents
to the entire lake. I know that Dave Goodrich has been working on the
memo to finalize the wording, but I really think it is important to
act very soon.
The reason for action as soon as possible is that the regulated
public (the trout growers) and those that have registered their
concerns about the lake's condition are watching DWQ for how they will
deal with this situation. The ARO had indicated some years ago that
we would not recommend any new permits for West Buffalo and one did
get issued over our objection. Now, with renewed interest in the
water quality of Santeetlah, we have an opportunity to send a strong
message to all the users of the lake. Dick Jennings farm came to our
attention after we submitted our recommendation on how best to manage
permit issuance in this situation and his application for a permit
Liz Dickson -- 1 -- Thu, 20 May 1999 10:06:55

P
Ppr-
ame well after we recommended a mortorium on new permits into the
Pc
ake. Next week, on March 23rd, we are meeting in Robbinsville to
discuss the lake and what is being done to deal with the excessive
growth of algae in at least two of its arms. It would be an excellent
time to communicate our strong commitment to working on the water
quality of the lake by stating our intent not to issue any new permits
(until and unless we can demonstrate real progress on limiting
nutrient inputs to the lake from the existing farms--implementation of
better waste management practices and the use of low-P fish food that
should reduce the amount of P being released to the lake) and that we
intend to deny Dick's pending application for a new farm in the
Snowbird Creek area.
Right now, the word "on the street" in the trout industry is that DWQ
will not limit the growth of trout production in the area draining to
the lake and that the farmers need only "hold the line" to see us
fold. I believe that the demand for new farms in this particular area
is not large or critical to the trout production industry of WNC, but
that any increase of nutrient loading to the lake can and will
increase the likelyhood of algae blooms in the future when lake
conditions are favorable for blooms to occure (low flows, high temps.,
etc.). It would be very helpful to have the signed policy memo
available at the meeting on the 23rd (next week) and a firm decision
on Dick's permit application made before the public session.
I again urge us to take a strong stand on improving the water quality
of Lake Santeetla. If you have any questions for me, pleas let me
know. Forrest
Date sent: Wed, 06 Jan 1999 07:49:12 -0500
From: "Coleen Sullins" <[e-mail]>
To: Tommy Stevens <[e-mail]>
Copies to: Forrest Westall <[e-mail]>
[e-mail],
[e-mail],
[e-mail],
[e-mail],
[e-mail]
Subject: Re: Dick Jennings and the Proposed New Snowbird Creek
Trout Farm, Graham
Co.
Tommy - we will be getting this case up for your consideration on
assessing soon. I suspect that this one is going to result in some
phone calls. Just an FYI. Coleen
Liz Dickson -- 2 -- Thu, 20 May 1999 10:06:55

r,,4-orrestall wrote:
> Today, I was contacted by Att. Billy Clarke (you may remember him as
> the att. for Save Our Rivers on the Highlands litigation and as
> Champion's local Att. for environmental matters at the mill). Billy
> was contacted by Dick Jennings concerning his permit application.
> Billy is looking at Dick's legal "options" of dealing with whatever
> decisions we make on his permit. Billy was not made aware of the
> pending enforcement action, but he is now informed. I explained the
> WQ issues in this arm of Santeetlah Lake and that those concerns
> were driving DWQ on what to do with the application. I told him
> that we would likely wait to decide on the permit request until we
> had dealt with the enforcement issue related to Dick's beginning
> construction of the trout raceways (and thus the associated
> facilities to handle trout waste) without an NPDES permit. But we
> need to go ahead and start to determine what permitting action we
> should take to respond to the application. I don't know if Dick
> will go the contested case route, but he could. He was advised to
> consider withdrawal of his permit request by the NC Dept. of
> Agriculture. Forrest
> Forrest R. Westall, Regional Water Quality Supervisor
> NC Department of Envrironment and Natural Resources
> Division of Water Quality, Asheville Regional Office
> 59 Woodfin Place, Asheville, NC 28801
> Phone: [phone], Ex. 251, Fax: [phone]
> E-Mail: Forrest [e-mail]
Forrest R. Westall, Regional Water Quality Supervisor
NC Department of Envrironment and Natural Resources
Division of Water Quality, Asheville Regional Office
59 Woodfin Place, Asheville, NC 28801
Phone: [phone], Ex. 251, Fax: [phone]
E-Mail: Forrest [e-mail]
Liz Dickson -- 3 -- Thu, 20 May 1999 10:06:55

STA7pa T. C. DEPARTMENT OF VIRONMENT AND
701»s NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
o ASHEVILLE REGIONAL OFFICE
* ;,�,�„,,, `* C 59 WOODFIN PLACE .
_ QUAM ASHEVILLE, NORTH CAROLINA 28801
PHONE: [phone] FAX: [phone]
TO: SILL'( C LA-/L14.
FAX #: ,25k — (vllgcq
FROM: L r z 0 I c.lcs o 10
DATE: 0 1 /v g I q 9
# 'OF PAGES INCLUDING THIS COVER: $
MESSAGE: If questions, Please call 828/251-6208 .
RILL`f ,
]�I CIL- j C Mn!'A JG.3 I)OLM 1 i I+P'nL I c 4 77yAJ Fi:)ti T7tE Tgo"i S}2.v1
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PC�A CALL IF YOL.c NEED A-IVY +DO T70-,)M--
.2�r-vd,-A4-�t)I-.
SI AX-MEL 4 '
Liz- OicKSJn.)
I

Jennin s Sunburst Trout .Coma , ZZC.
9 P nY
September 3, 1998
128 RACEWAY PLACE
Forrest Westall CANTON, NORTH CAROLINA 28716
NC Division of Water Quality [phone] • (704) 648-301 O
59 Woodfin Place FAX: [phone]
Asheville,NC 28801
Dear Forrest:
Enclosed is my application for a NPDES permit for the trout facility on Big Snow Bird
Creek in Graham County. Attached to the application is a drawing of the proposed
facility, and the site location on a topography map.
I am applying for a general NPDES permit with the understanding that the permit status
may change in the future due to the current water quality problems in Santeetlah Lake. If
I am granted a NPDES permit for this facility, I will participate in a Nutrient
Management Plan to help reduce the phosphorous loading in the receiving waters. I will
also raise fish with sensible management practices and I will actively use a waste .
management plan and system.
As you realize from our meeting on 08/26/98, I have proceeded with the construction
under the wrong impression. I did not realize that I needed a NPDES permit to construct
the facility nor did I realize that I needed to send you a letter of intent to construct the
farm. Over the past fifteen plus years, I have communicated with the Army Corp of
Engineers and the Tennessee Valley Authority (TVA) to get the proper permits for
construction of the intake and the bridge. I thought I was in compliance with all the
permits that I needed when I proceeded with the facility construction.
Also, I contacted your office in March of 1997 and discussed selling the property; I felt
that I understood what I needed to do to proceed with the trout farm project whether I
sold the property or I elected. to construct the farm myself. I read your letter dated,
March 13, 1997, it stated that if I sold the property and the prospective buyer decided to
build a trout farm, that they would need to sent a Notice of Intent to construct. I did not
realize that I too needed to send a Notice of Intent. The 03/13/97 letter never clearly
spelled that out and consequently I assumed that I was in compliance when I began
construction of the facility: Therefore, I neglected to notify your Asheville NC DWQ
office.
If you have any questions, please feel free to contact my office at 828/648-3010. Thank
you for your consideration.
Sincerely ��
SEP A 1998j
Richard Jenni s

State of North Carolina
Department of Environment,
Health and Natural Resources / •
Division of Environmental Management
James B. Hunt,Jr.,Governor � � u
dm
Jonathan B. Howes. Secretary I�7
A. Preston Howard,Jr., P.E., Director
— - NOTICE OF INTENT
National Pollutant Discharge Elimination System skin fish ackin
Application for Coverage under General Permit NCG530000; Seafood pa g, P g,
and fish farms.
1 Name,Address,location,,and telephone number of facility requesting Permit.
L
A. Official Name: v /L S T �dU IL''C'
B. Mailing Address:
(1)Street Address; �!f o.� N C_ 2 f1?l 6
(2)City;
(3)State;
(4)Zip; 7
(5)County;
C. Location. (Attach map delineating general facility location)
(1)Street Address;
(2)City;
(3)State;—! ' '�� 2
(4)County;
D. Telephone Number; (�. g- o la
2. Facility Contact: I v
r —� r A-0 q
A. Name; i c. �l tee.. �.IGM�! ,e m
B. Title; day >✓ io q
C. Company Name;
D. Phone Number;
3. Application type (check appropriate selection):
A. New or Proposed; r/ "
B. Existing; If previously permitted,provide permit number
and issue date
C. Modification;
(Describe the nature of the modification): r
4. Description of discharge.
A. Please state the number of separate discharge points.
1,[l ; 2,N; 3,( l; 4,11
' B. Please describe the amount of wastewater being discharged per each separate discharge point.
1: gallons per day (gpd) 2: (gpd) 3: (gpd) 4: (gpd)
Page 1
P.U. [lox 2953.`,. R.Iloigh. N•a If r Cc if olir a 127G2e, l f.35 T olk.-pI ronr>911. 733 JU 15 rnx 919-713 2.1';6
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1
PF7
k the duration and frequency of the discharge, per each separate discharge point
ntinuous:�(_,
2.Intermittent(please describe):
3Seasonal: (check the month(s) the discharge occurs):January 11;February( ];March ( ]; April [ ],
May(1;June 11;July(];,August[];September 11;October[l;November[1;December(]
-` 4.How many days per week is there a dischargeeck the days tl-,6(], Satur
day[r]�S occurs (]•
Monday[1, Tuesday(l, Wednesday[1, Thursday(1,F Y
nday
S.How much of the volume discharged is treated? (State in percent)
D. Describe the type of wastewater being discharged.(please list any known pollutants
incorporated in the discharge if applknble);
E. Please describe the type of process the wastewater is being discharged_ fr
mAj yo�a�washing,
table washing,fish washing,fish farm water discharge,etc.); T
F. Is there any type of treatment being incorporated to the wastewater before discharge; _
(check appropriate treatment)
1. Settling Ponds; ' Z _ —17-4G� g� L92 f1 G"
2. Treatment Equipment; d ,
3. Screens;
i
4. Floor Screens; ;
5. Other(please describe);
6. None;
7.If 1,2,3,or 4 above were checked,please give design specifics(i.e.design volume,retention
time,surface area,etc.). Existing treatment facilities should be described in detail and
design criteria or operational data should be provid?d(including calculations) to ensure that
the.facility can comply with requirements of the General Permit.
NOTE: Construction of any wastewater treatment facilities require submission of three (3) sets of plans
and specifications along with their application. Design of treatment facilities must comply
with requirement 15A NCAC 2H .0138. If construction applies to the.discharge, include the
three sets of plans and specifications with the application.
�� t � .�rq
5. What is the nature of the business-applying for this general_��tL/ 1
6. �Name of receiving water. �S' Nd�cl ��2 Classification:
(Attach a USGS topographical map with all discharge point(s) clearly marked)
'7: Is the discharge directly to the receiving water?(Y,N)—X— to tl�e potential receiving
If not, state specifically the discharge point. Mark clearly the pathway p
water on the site map. (This includes tracing the pathway of the storm sewer to its discharge point,
if a storm server is the only viable means of discharge.)
8. Please address possible non-discharge alternatives for the following options:
A.Connection to a Regional Sewer Collection System;
B. Subsurface Disposal;
C. Spray Irrigation;
Page 2

9. I certify that I am familiar with the information contained in the application and that to the best of
MY knowledge and belief such information is true,complete,and accurate.
Printed Name of Person Si
Tide .y/o/L
Date Application Signed
Signature of Applicantorl
NORTH CAROLII`'A GENERAL STATLTp 143-21B 6 B (i) PROVIDES THAT:
Any person who knowingly makes any false statement, representation, or certification in any
application,record,report,plan or other document filed or required to be maintained under Article 21 or
regulations of the Environmental Management Commission implementing that Article,or who falsifies,
tampers with or knowingly renders inaccurate any recording or monitoring device or method required to
be operated or maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to
exceed$10,000,or by imprisonment not to exceed six months,or by both.(18 U.S.C.Section 1001 provides
a punishment by_a.fine�of:nournore than$10,000 or imprisonment not more than 5 years, or both, for a
similar offense.) -
Notice of Intent must be accompanied by a check or money order for$400.00 made payable to the North
Carolina Department of Environment,Health, and Natural Resources. Mail three (3) copies of the
entire package to:
Division of Environmental Management
NPDES Permits Group
Post Office Box 29535
Raleigh, North Carolina 27626-0535
J
Page 3

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1 74
WESTERN NORTH CAROLINA !-.-. ----
RICHARD D. JENNINGS
0 1/2
SCALE IN M-ILES LOCATION MAP OF BIG
SNOWBIRD CREEK
GRAHAM CO, N.C.
OCTOBER IS, 1984 SHEET_OF

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From: "Forrest Westall" <[e-mail]>
Organization: Asheville Region of NCDENR
To: "Jay Sauber" <[e-mail]>
Date sent: Tue, 15 Dec 1998 17:02:39 EDT
Subject: Re: Dick Jennings/Sunburst Trout Farm, Graham Co., Lake Santeetlah
Copies to: Coleen Sullins <[e-mail]>,
Priority: normal
Thanks for your opinion. It is a brand new farm and he did not apply
until recently. He started construction without a permit and claims
ignorance as to the need for a permit from this agency (despite the
fact that he has two other farms permitted by DWQ). The agency hasn't
held up any paperwork on this project, he does have quite a bit of
money already invested and is likely to complain loudly if we deny.
The denial is likely the right thing to do from a regulartory
approach, but we need to act carefully and with compassion. FRW
Date sent: Mon, 14 Dec 1998 17:15:12 -0400
From: "Jay Sauber" <jay_sau [e-mail] r.state.nc.us>
To: Forrest Westall <[e-mail]>
Copies to: Coleen Sullins <[e-mail]>
[e-mail],
[e-mail],
"[e-mail]" <[e-mail]>
[e-mail]
Subject: Re: Dick Jennings/Sunburst Trout Farm, Graham Co.,
Lake Santeetlah
FORREST, YOU ASKED FOR MY OPINION...
NO SUGAR COATING HERE...LETS DO THE RIGHT THING!
I BELIEVE THAT THIS FELLOW GOT HIS COE PERMIT IN 1992 PRIOR TO ALL OF
OUR HARD WORK ON SANTEETLAH. WHY DID HE TAKE SO LONG TO GET IN AN
NPDES APPLICATION? WHEN DID HE APPLY? WHEN DID HE BEGIN CONSTRUCTION
HAVE WE HELD UP THE PAPERWORK? IS THIS AN EXPANSION, NEW FACILITY?
OR WHAT?
THE RESIDENTS OF THIS AREA WILL SURELY LOAD THEIR GUNS AIMED AT
ANOTHER DWQ NO-BRAINER IF WE ISSUE AN ADDITIONAL PERMIT TO THIS SYSTEM
AFTER WE HAVE HAD FREQUENT COMPLAINTS OF NUISANCE ALGAL BLOOMS.
IF WE ADD ADDITIONAL LOAD TO SNOWBIRD IT WILL AUGMENT THE ADDITIONAL
GENERATION OF COMPLAINTS ABOUT ALGAL BLOOMS THAT HAVE BEEN MADE ALL
THE WAY TO THE SECRETARY AND NEXT NO-DOUBT THE MEDIA AND EPA. WOULD
WE ISSUE THIS PERMIT FOR A PIG FARM? THIS AREA WILL TAKE IMMEDIATE
Liz Dickson -- 1 -- Fri, 5 Mar 1999 16:27:26

P pp
ppp-
ADVANTAGE OF THE TYPE OF NUTRIENTS FROM A TROUT FARM - HIGH IN
PHOSPHORUS AND INORGANIC NITROGEN IN A SOULBLE FORM READILY UTILIZABL
BY CLEAR, LOW TURBIDITY, MOUNTAIN WATERS.
I CANNOT IN GOOD FAITH SAY THAT WE SHOULD DO ANYTHING BUT DENY. TROUT
FARMS ARE A GOOD THING FOR THE MOUNTAINS, THAT IS IF THEY ARE LOCATED
ON STREAMS THAT DO NOT DISCHARGE DIRECTLY INTO POORLY FLUSHED COVES
MOUNTAIN LAKES. THIS IS A COMMERCIAL OPERATION NOT A DOMESTIC NOR A
MUNICIPALITY ISSUE WHICH MIGHT TRIGGER A GREATER GOOD QUESTION. I
WOULD BE GLAD TO SHARE PICTURES AND OTHER INFORMATION WITH ANYONE
INTERESTED IF THEY WOULD LIKE TO SEE BLOOMS ON SANTEETLAH - IT IS NOT
PRETTY.
GOODRICH, SHOULD WE INCREASE THE LOAD TO CALICO CREEK TO SUPPORT A N
INDUSTRY? I DO HAVE EMPATHY FOR MR. JENNINGS, AND WE SHOULD BE READY
TO SAY NO WITH SYMPATHY AND COMPASHION BUT IT IS "NO" WE SHOULD SAY
AND NOT SUFFER THE POTENTIAL OF ANY LIKELYHOOD FOR MIXED MESSAGES,
SUGGESTIONS OF SMALLER OPERATIONS, IMPROVED TREATMENT OR OTHER
ACCOMODATIONS.
I BELIEVE THAT WE SHOULD ALSO INFORM THE COE, DIV OF INLAND FISHERIES,
AND NCSU FOLKS AND OUR SISTER (TOM ELLIS) AGENCIES THAT WE WILL ISSUE
NO MORE NPDES IN THE SANTEETLAH COVES AREA OF WEST BUFFALOE AND
SNOWBIRD. I WOULD APPRECIATE ADDITIONAL DETAILS FROM FOREST, BUT WITH
OUT SOME KIND OF SERIOUS JUSTIFICATION WE SHOULD DO OUR JOBS AND
PROTECT THE DESIGNATED USES OF THIS WATERBODY WHICH ARE ALREADY UND
SERIOUS INSULTS OF NUTRIENT LOADING.
THERE ARE ALWAYS TWO SIDES TO ANY STORY, AND I DO NOT HAVE THE DETAILS
ON THIS ONE YET, BUT IN MY OPINION, THE WQ SECTION HAS MADE THIS
MISTAKE ALREADY BY ISSUING A TROUT PERMIT ON BUFFALOE CREEK AFTER WE
KNEW OF THE PROBLEMS AND AFTER WE (REGION AND ESB) RECOMMENDED THAT
NEW PERMITS BE ISSUED. LET US NOT MAKE THE SAME MISTAKE TWICE. OR,
LET US BE PREPARED FOR THE RESULTS.
Forrest Westall wrote:
> As some of you know, Sunburst Trout Farms (Dick Jennings
> company) has been building a new farm on Snowbird Creek
> upstream of Lake Santeetlah. We have noticed him with intent to
> file an enforcement action for construction without a permit (case
> is being finalized and will be sent in very soon, Liz has been in
> touch with Susan).
> Mr. Jennings has requested a permit for this farm and the
Liz Dickson -- 2 -- Fri, 5 Mar 1999 16:27:26

P!aPppplriPcaPtiPor has been in for a little while. He would like to have a
> general permit so that he can continue as soon as possible with the
> construction of the farm (has a COE permit for intake and has built
> bridge/intake structure already, and has built the lowest section--
• most downstream--of the raceways). Debra Sloan of the NC Dept.
> Argiculture, Aquaculture activities (western rep. works with Tom
> Ellis), called last week to let us know that Dick has contacted her
> and would like for some kind of decision to be made on the
> enforcement and on the permit. Dick apparently had a mild heart
> attack about 3 to 4 weeks ago and this has spured him to try and get
> his affairs in order.
> The three basic permit options available to the DWQ is to 1) grant
> the permit through the general permitting process and proceed to
> allow him to continue to build his farm, 2) inform him that an
> individual permit will be required and that we will very likely have
> a public hearing on the proposed permit when it is ready to be
> noticed (this will result in a considerable amount of delay and the
> final outcome cannot be predicted), 3) deny his request outright
> due to the increase in nutrient loading to this arm of the lake (see
> recent memo preparied for Coleen's signature that established a
> moratorium on new dischages of nutrients to the lake, or 4) return
> his permit package with a directive that he must provide additional
> information on the potential impact of a new farm/nutrient source on
> this arm of the Lake and that he must establish what measures he
> will take with the farm to mitigate or negate the effect of the farm
> on eutorphication conditions of the Lake before we can proceed with
> processing the request. Personally, I think that either option 2 or
> 3 makes the most sense and is the most direct ans. to his permit
> request. Additionally, I believe that the pending enforcement
> action must be rapidly dealt with (it will go out this week from
> ARO) and assessed or not before we proceed with any permit decision.
> Dick is not the kind of person to sit back and wait for us to move.
> He is going to start pushing. His inquiries in the past caused Tom
> Ellis to call the Director's office (he spoke to Tommy). His
> (Dick's) view will be that we should make our decision and move on.
> I really believe we need to assess our fine and to decide if
> issuance of a permit is really something we should do after all the
> WQ complaints we received this year.
> Please let me know what the Central Office thinks about these
> issues. Thanks. Forrest
Liz Dickson -- 3 -- Fri, 5 Mar 1999 16:27:26

ppppv
Jennings Sunburst Trout Company, 44C.
September 3, 1998
128 RACEWAY PLACE
Forrest Westall CANTON, NORTH CAROLINA 28716
NC Division of Water Quality [phone] • [phone]
59 Woodfin Place FAX: [phone]
Asheville, NC 28801
Dear Forrest:
Enclosed is my application for a NPDES permit for the trout facility on Big Snow Bird
Creek in Graham County. Attached to the application is a drawing of the proposed
facility, and the site location on a topography map.
I am applying for a general NPDES permit with the understanding that the permit status
may change in the future due to the current water quality problems in Santeetlah Lake. If
I am granted a NPDES permit for this facility, I will participate in a Nutrient
Management Plan to help reduce the phosphorous loading in the receiving waters. I will
also raise fish with sensible management practices and I will actively use a waste
management plan and system.
As you realize from our meeting on 08/26/98, I have proceeded with the construction
under the wrong impression. I did not realize that I needed a NPDES permit to construct
the facility nor did I realize that I needed to send you a letter of intent to construct the
farm. Over the past fifteen plus years, I have communicated with the Army Corp of
Engineers and the Tennessee Valley Authority (TVA) to get the proper permits for
construction of the intake and the bridge. I thought I was in compliance with all the
permits that I needed when I proceeded with the facility construction.
Also, I contacted your office in March of 1997 and discussed selling the property; I felt
that I understood what I needed to do to proceed with the trout farm project whether I
sold the property or I elected to construct the farm myself. I read your letter dated,
March 13, 1997, it stated that if I sold the property and the prospective buyer decided to
build a trout farm, that they would need to sent a Notice of Intent to construct. I did not
realize that I too needed to send a Notice of Intent. The 03/13/97 letter never clearly
spelled that out and consequently I assumed that I was in compliance when I began
construction of the facility. Therefore, I neglected to notify your Asheville NC DWQ
office.
If you have any questions, please feel free to contact my office at 828/648-3010. Thank
you for your consideration.
Sincerely ( �� �',i g
Richard Jenni

P
Stat7ofN rth CarolinaDept of Environment,
Health and Natural Resources 4j•
Division of Environmental Management '
James B. Hunt,Jr., Governor C
Jonathan B. Howes, Secretary IDE H F1
A-Preston Howard,Jr., P.E., Director
NOTICE OF INTENT
�rntinnal Pnllvtant Discharee Elimination Svstem
Application for Coverage under General Permit NCG530000; Seafood packing, fish packing,
and fish farms.
1. Name,Address,location,.and telephone number of facility requesting Permit.
A. Official Name: �c. u�Cl 2 5 T y L.�- C . r
B. Mailing Address:
C_
(1)Street Address; N_ 2 f1?l 6
(2)City;
(3)State; t
(4)Zip; /,7�G d e
(5)County;
C. Location. (Attach map delineating general facility location) I
(1)Street Address;
(2)City; �2e
(3)State; f AJ
(4)County;
D. Telephone Number; (; g- 0 117
2.. Facility Contact:
A. Name; «,I�.a�.� \1GM�! r�..q ,e
B. Title;
C. Company Name; s
D. Phone Number; —) -
3; Application type (check appropriate selection):
A. New or Proposed: ty/ -
B. Existing; If previously permitted,provide permit number
and issue date
C. Modification;
(Describe the nature of the modification):
4. Description of discharge.
i A. Please state the nurnber of separate discharge points.
1,[ ] ; 2,N; 3,1 ]; 4,1 1; J[I.
B. Please describe the amount of wastewater being discharged per each separate discharge point.
1: gallons per day (gpd) 2: (gpd) 3: (gpd) 4: (gpd)
Page 1
P.U. Box 2953£,. R(Iloigh. N(ttth Ccrrolimi 27626-o!) 5 iolc�hhon()919.733-7015 FAX [phone]
At I(itrc9 C)r.t ()nuttily Aflirrnrrl iv,i A( firm I nil 1,,yor :IrX.10(:y(:luc1/ I IYC.Ittr;l c(ut:t ill lot popor

i
C. Check the duration and frequency of the discharge, per each separate discharge point
1.Continuous:—� _
2.Intermittent(please desc rube):
occurs):January [ ]; February [ ]; March [ ]; April [ ],
3-Seasonal: (check the month(s) the discharge [];October[]November[l;December[]
May[1;June[1;July[];,August[];September
4.How many days per week is there a discharge?(check the days the discharge occurs)
Monday[1, Tuesday[], Wednesday[1, Thursday[],Friday[1, Saturday[1, Sunday[1•
S.How much of the volume discharged is treated? (State in percent) %
D. Describe the type of wastewater being discharged. (please list any known pollutants
incorporated in the discharge if applicable);
crb
E. Please describe the type of process the wastewater is being disc fired from�oe.�adwashing,
table washing,fish washing,fish farm water discharge,etc.);
F. Is there any type of treatment being incorporated to the wastewater before discharge;(check appropriate treatment) _
�2 -
1. Settling Ponds; X
2. Treatment Equipment; d
3. Screens;
4. Floor Screens; ,
5. Other(please describe);
6. None;
7.If 1,2,3,or 4 above were checked,please give design specifics(i.e.design volume,retention
time,surface area,etc.). Existing treatment facilities should be described in detail and
design criteria or operational data should be provided(including calculations) to ensure that
the.facility can comply with requirements of the General Permit.
NOTE: Construction of any wastewater treatment facilities require submission of three (3) sets of plans
and specifications along with their application. Design of treatment facilities must comply
with requirement 15A NCAC 2H .0138. If construction applies to the.discharge, include the
three sets of plans and specifications with the application.
—7W6
5. What is the nature of the business applying for this general permit;ILI Ile f
6. Name of receiving water. 19, ti ��
Classification:
(Attach a USGS topographical map with all discharge point(s) clearly marked)
7. Is the discharge directly to the receiving water?(Y,N)—Y—
If not, state specifically the discharge point. Mark clearly the pathway to the potential receiving
water on the site map. ('Phis includes tracing the pathway of the storm sewer to its discharge point,
if a storm sewer is the only viable means of discharge.)
S. Please address possible non-discharge alternatives for the following options:
A. Connection to a Regional Sewer Collection System;
B. Subsurface Disposal;
C. Spray Irrigation;
Page 2

rppp-
9lfy that I am familiar with the information contained in the application and that to the best of
my knowledge and belief such information is true,complete,and accurate.
Printed Name of Person Signing-
Title
Date Application Signed
Signature of Applicant
NORTH CAROLINA GENERAL STATUTE 143 21-5 6 B Q) PROVIDES THAT:
Any person who knowingly makes any false statement, representation, or certification in any
application,record,report,plan or other document filed or required to be maintained under Article 21 or
regulations of the Environmental Management Commission implementing that Article, or who falsifies,
tampers with or knowingly renders inaccurate any recording or monitoring device or method required to
be operated or maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to
exceed$10,000,or by imprisonment not to exceed six months,or by both.(18 U.S.C.Section 1001 provides
.-a punishment by.a:fine,of:not-more than$10,000 or imprisonment not more than 5 years, or both, for a
similar offense.)
Notice of Intent must be accompanied by a check or money order for$400.00 made payable to the North
Carolina Department of Environment,Health, and Natural Resources. Mail three (3) copies of the
entire package to:
Division of Environmental Management
NPDES Permits Group
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Page 3

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WESTERN NORTH CAROLINA !_._• --®
I
RICHARD D. JENNINGS
0 1�2
scALe IN MILES LOCATION MAP OF BIG ,
SNOWBIRD CREEK
GRAHAM CO., N.C.
OCTOBER 15, 1984 SHEET_OF

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State of North Carolina
Department of Environment
and Natural Resources A#VJr
• •
WJDivision of Water Quality
owl
James B. Hunt, Jr., Governor
Al Wayne McDevitt, Secretary D INR
A. Preston Howard, Jr., P.E., Director
February 11, 1999q.
Mr. Richard Jennings
Sunburst Trout Company,LLC
'128 Raceway Place
Canton,NC 28716 519%99
dViie'F;q���_
Subject : Payment Acknowledgment ShU'Flri r
`T�
Civil Penalty Assessment �` Q f 1., OCR
Sunburst Trout Company,LLCYr
Graham County
Case Number CV 98-007
Dear Mr. Jennings:
This letter is to acknowledge receipt of check No. 1204 in the amol int of$4,900.00 received
from you on February 9, 1999.
This payment satisfies in full the civil assessment levied against Sunburst Trout Company,
LLC and this case has been closed. Payment of this penalty in no way preludes future action by this
Division for additional violations of the NPDES Permit.
If you have any questions,please feel free to contact Bob Sledge a [phone],
extension 547.
Sincerely,
r Susan A.Wilson, Supervisor
Point Source Compliance Enforcement Unit
SAW/sl
cc: AshevRegional
Enforcement/Compliance Files
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper

PFrom: "Forrest Westall" <[e-mail]>
Organization: Asheville Region of NCDENR
To: "Coleen Sullins" <[e-mail]>,
Date sent: Fri, 18 Dec 1998 11:37:00 EDT
Subject: (Fwd) Dick Jennings/Sunburst Trout Farml Graham Co., Lake Sant
Priority: normal
As an update, I spoke to Debra Sloan (Dept. Argi., works with Tom
Ellis) on Wed. (12/16) and she planned to call Dick Jennings (at Tom's
request) and suggest that he consider "withdrawing" his application to
discharge as a way to "settle" these issues for now (I just signed off
on the enforcement recommendation this morning). YesterdaX, evening
she was able to get up with Dick. Dick apparently was very unhappy
and angry. He indicated he has a lot invested in this site and ants
to proceed. He is going to think about his options before he dieades
the best move. In the mean time, I expect Dick to "shake the bushes"
to try and move this process to his favor. So if you hear about his
inquiries, be forewarned. Forrest ------- Forwarded Message Follows
------- From: Self <NROAR06/TS19W78> To:
"Coleen Sullins"
<[e-mail]>,[e-mail]�r.state.nc.us,
dave_good rich @h2o.enr.state.nc.us,[e-mail] te.nc.us,Liz
Dickson, Keith Haynes Subject: Dick Jennings/Sun urst Trout
Farm, Graham Co., Lake Santeetlah Date sent: Mon, 14 ec 1998
14:18:06 EDT
As some of you know, Sunburst Trout Farms (Dick Jennings
company) has been building a new farm on Snowbird Creek
upstream of Lake Santeetlah. We have noticed him with intent to file
an enforcement action for construction without a permit (cas �ith
is being
finalized and will be sent in very soon, Liz has been in touch
Susan).
Mr. Jennings has requested a permit for this farm and the
application has been in for a little while. He would like to have a
general permit so that he can continue as soon as possible �ith the
construction of the farm (has a COE permit for intake and has built
bridge/intake structure already, and has built the lowest section--
most downstream--of the raceways). Debra Sloan of the NC Dept.
Argiculture, Aquaculture activities (western rep. works with Tom
Ellis), called last week to let us know that Dick has contacted her
and would like for some kind of decision to be made on the enforcement
and on the permit. Dick apparently had a mild heart attack aoout 3 to
4 weeks ago and this has spured him to try and get his affair in
order.
Liz Dickson -- 1 -- Fri, 5 Mar 1999 08:07:53

The'three basic permit options available to the DWQ is to 1) grant the
permit through the general permitting process and proceed to allow him
to continue to build his farm, 2) inform him that an individual
permit will be required and that we will very likely have a public
hearing on the proposed permit when it is ready to be noticed (this
will result in a considerable amount of delay and the final outcome
cannot be predicted), 3) deny his request outright due to the
increase in nutrient loading to this arm of the lake (see recent memo
preparied for Coleen's signature that established a moratorium on new
dischages of nutrients to the lake, or 4) return his permit package
with a directive that he must provide additional information on the
potential impact of a new farm/nutrient source on this arm of the Lake
and.that he must establish what measures he will take with the farm to
mitigate or negate the effect of the farm on eutorphication conditions
of the Lake before we can proceed with processing the request.
Personally, I think that either option 2 or 3 makes the most sense and
is the most direct ans. to his permit request. Additionally, I
believe that the pending enforcement action must be rapidly dealt with
(it will go out this week from ARO) and assessed or not before we
proceed with any permit decision.
Dick is not the kind of person to sit back and wait for us to move.
He is going to start pushing. His inquiries in the past caused Tom
Ellis to call the Director's office (he spoke to Tommy). His (Dick's)
view will be that we should make our decision and move on. I really
believe we need to assess our fine and to decide if issuance of a
permit is really something we should do after all the WQ complaints we
received this year.
Please let me know what the Central Office thinks about these issues.
Thanks. Forrest
Forrest R. Westall, Regional Water Quality Supervisor
NC Department of Envrironment and Natural Resources
Division of Water Quality, Asheville Regional Office
59 Woodfin Place, Asheville, NC 28801
Phone: [phone], Ex. 251, Fax: [phone]
E-Mail: Forrest [e-mail]
Liz Dickson -- 2 -- Fri, 5 Mar 1999 08:07:53

Date sent: Tue, 22 Dec 1998 15:12:06 -0500
From: "Susan Wilson" <[e-mail]>
To: Liz Dickson <[e-mail]>
Subject: Re: Sunburst Trout Co. Enforcemt Action
i got it liz. I'm assigning it to bob sledge, ext. 547.
Liz Dickson wrote:
> Hi, Susan -
> Just wanted to let you,know that we are mailing today to Coleen, via
> US Mail, the enforcement package for Sunburst Trout Co. in Graham
> County. Please e-mail me back when you receive it. I will be out
> of the office next week, but back in on Dec. 28.
> Hope you have a Merry Christmas!
> Liz Dickson
> NCDENR
> Division of Water Quality
> Asheville Regional Office
> E-Mail: [e-mail]
> Phone: [phone], ext. 288
Liz Dickson -- 1 -- Mon, 11 Jan 1999 17:13:56

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Lt�—✓.,/inn�i �'�t.��1,V_ �S,hc�__� n�.
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Orr
DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
TYPE: CV
VIOLATOR: Sunburst Trout Company, LLC
ADDRESS: 128 Raceway Place
Canton, North Carolina 28716
(1) The degree and extent of harm to the natural resources of
the State, to the public health, or to private property
resulting from the violation;
Sedimentation to the stream occurred during construction to
date on the -site .
Future harm could result when the trout .farm begins
discharging nutrient loads to the tributary- to Lake
Santeetlah. Increased nutrient levels could contribute to
algae blooms that violate State .w_ater .quality. standards and
pose health risks .
(2) The duration and gravity of the violation;
The violation apparently began in June, 1998, and will
continue until an NPDES Permit is issued. DWQ met with a
representative of the company on August 26, 1998 , to
discuss the need for a permit prior to construction. The
company proceeded to pour concrete for approximately _25% of
the trout farm construction in September 1998 .
(3) The effect on ground or surface water quantity or quality
or on air quality;
The effects on surface water quality could not be
quantified.
(4) The cost of rectifying the damage;
The cost to rectify the damage would include the costs to
remove the concrete structures, and to regrade and
. revegetat�ivethe site .
(5) The amount of money saved by non-compliance;
The company saved the costs of delaying construction and of
removing the wooden forms for the concrete construction
until a permit was obtained.
1

(6) Whether the violation was committed willfully or
intentionally;
The violation could have been committed willfully and
intentionally. The company currently owns and operates
trout farms, and is- knowledgeable of permitting
requirements . A representative of the company requested
information on permitting procedures approximately one year
prior to the construction. The company proceeded to pour
concrete to construct the first phase of the trout farm
after they were notified by the Division that a permit was
required prior to construction.
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental
Management Commission has regulatory authority;
No previous enforcement action has been taken.
(8) The cost to the State of the enforcement procedures-;
Staff : $710 . 00
Administration: $100 . 00
Mileage : 375 miles @ $0 . 24/mile = $90 . 00
(9) Type of violator and- general. nature of business;
Sunburst Trout Company, LLC is -a Limited Liability Company--
in the trout farming business .
(10) Violator's degree of cooperation or recalcitrance;
'After a meeting on August 26, 1998 , to inform the company
of the requirement for a permit prior to construction, the
company proceeded to pour concrete structures to construct
the first phase of the trout farm. Construction
activities have ceased since September 1998 upon request
by the Division.
(11) Mitigating Circumstances;
None known.
(12) Assessment Factors;
a) IC: N/A
b) Receiving Stream: Snowbird Creek, Class C Trout
c) SOC/JOC status/negotiations: N/A
d) Copy of MP screen: N/A
e) Copy of Limits page: N/A
f) Damage: See photographs in Attachment A.
2

3 " NORTH CAROLINA DEPARTMENT OF
x ENVIRONMENT AND NATURAL RESOURCES
{+ yE DIVISION OF WATER
QUALITY
} ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
fMCDEMR :
December. 18, 1998
`..
r�JAMES B.HUNTJR
i'CaOVERNOR ''=a �"
s `�4r MEMORANDUM
n5w
J
_WAYNE MCDEVITT ; TO: Coleen Sullins, Chief
I-'SECRETARY �.:t°' 'ry = � Water Quality Section
THROUGH: Forrest R. Westal _
Quality Re i P
. 41s Waterervisor
g
BRA�P�rE9TONrHOWARn,JR,
PE;DrRecroR � FROM: Liz Dickson
Environmental Technician IV
SUBJECT: Enforcement Action
m � Sunburst Trout Company, LLC
Graham County
� INTRODUCTION:
Sunburst Trout Company, LLC began construction of a trout
� .' farm with a waste disposal system without a permit . The
( Division of Water Quality - Asheville Regional Office staff
met with Mr. Richard Jennings of Sunburst Trout Company,
g
LLC, on August 26, 1998, to discuss this matter. The
tt , a Asheville Regional Office received a Notice of Intent for a
General Permit for the trout farm on September 4, 1998 .
Photographs of the trout farm construction are included as
Attachment A to the Findings and Decision.
Incorporated into the construction of a trout farm are the
AR
means, mechanisms, and structures to manage trout manure .
Trout manure is settled in the raceways of the trout farm
-- 1 and then removed. Therefore, the construction of a trout
'Y farm constitutes the construction of a waste disposal system
without a permit .
a x REPORT:
On March 13 , 1997, Mr. Keith Haynes of the Asheville
Regional Office sent a letter to Mr. Jennings outlining the
a��,-mow"• ,K„� procedures for obtaining a General Permit for a proposed
trout farm. At that time, Mr. Jennings was planning to
Zl-
OEM
INTERCHANGE BUILDING,59 WOODFIN PLACE,ASHEVILLE,NC 28801-24 1 4
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/1 Oq POST-CONSUMER PAPER

Or
Coleen Sullins
Memorandum
December 18, 1988
Page Two
sell the property on Snowbird Creek in Graham County. He had
requested information on the feasibility of obtaining a General Permit
for a trout farm by the potential buyer.
On August 20, 1998, Ms . Debra Sloan, NCDA - Aquaculture and Natural
Resources, called Keith Haynes to report that she had observed
construction of a trout farm by Richard Jennings on Snowbird Creek.
On August 26, 1998 , Ms . Sloan and Mr. Jennings met with Asheville
Regional Office staff to discuss the situation and the need for a
valid NPDES permit prior to beginning construction. The possibility
of an enforcement action was also discussed.
On September 4, 1998, the Asheville Regional Office received a Notice
of Intent for a General Permit for the trout farm on Snowbird Creek
from Richard Jennings of Sunburst Trout Company, LLC.
On September 10, 1998, the Asheville Regional Office sent a Notice of
Violation to Mr. Jennings for starting construction of a trout farm
without an NPDES permit . See Attachment B.
On September 21, 1998, the Asheville Regional Office received
information from Mr. Jennings of Sunburst Trout Company, LLC to be
considered in the preparation of the enforcement action. These
documents included permits and correspondence from 1984 to 1994 with
the US Army Corps of Engineers, USDA Forest Service, TVA, DEHNR, and
other agencies to build a low water bridge and intake structure for a
trout farm on Snowbird Creek. See Attachment C.
On October 6, 1998, and November 4, 1998, site visits were conducted
by Asheville Regional Office staff . Photographs of the trout farm
construction are included as Attachment A to the Findings and
Decision.
CONCLUSION•
Sunburst Trout Company, LLC is a trout farm business that is familiar
with the 'NPDES permitting requirements in North Carolina. The company
currently owns and operates two trout farms in Haywood County, one of
which is under a General Permit . Mr. Richard Jennings of Sunburst
Trout Company, LLC, contacted the Asheville Regional Office about the
procedures for obtaining a General Permit for the new trout farm
approximately one year prior to construction, but interpreted the
permitting procedures as applying only if he sold the property.

Col Sullins
Or
Memorandum
December 18, 1988
Page Three
Sunburst Trout Company, LLC violated the regulations by failing to
obtain a valid NPDES permit prior to beginning construction of a trout
farm in Graham -County. We also believe that the company violated the
regulation by entering into a contract for the construction and
installation of the trout farm/disposal system without obtaining a
permit pursuant to G.S . 143-215 . 1 (a) (8) ; however, we do not have a
copy of the contract .
RECOMMENDATION:
It is recommended the appropriate enforcement action be taken against
Sunburst Trout Company, LLC.
Attachments

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT 'COMMISSION
COUNTY OF GRAHAM
File No. CV -
IN THE MATTER OF )
SUNBURST )
TROUT COMPANY; LLC )
FINDINGS AND DECISION
FOR CONSTRUCTION OF A ) AND ASSESSMENT OF
TROUT FARM/WASTE ) CIVIL PENALTIES
DISPOSAL SYSTEM )
WITHOUT A PERMIT )
Acting pursuant to North Carolina General Statute (G.S . ) 143-
215 . 6A, I, A. Preston Howard, Jr. , P.E. , Director of the Division of
Water Quality (DWQ) , make the following:
I . FINDINGS OF FACT:
A. Sunburst Trout Company, LLC is a company organized and
existing under the laws of the State of North Carolina.
B. Sunburst Trout Company, LLC is the owner and developer of a
trout farm located on Snowbird Creek, on State Road 1120 in
Graham County.
C. On October 6, 1998, and November 4, 1998 , DWQ staff inspected
the site and observed the construction of a trout farm with a
waste disposal system incorporated into it . Based on
information provided by the owner, construction began in
approximately June 1998 . See Attachment A.
D. A search of DWQ records showed that a permit had not been
issued as of the date of the inspection for the above-cited
construction. A Notice of Intent for a General Permit for the
trout farm was received by the Asheville Regional Office from
Sunburst Trout Company, LLC on September 4, 1998 .
E. The costs to the State of the enforcement procedures in this
matter totaled $900 . 00 .
Based upon the above Findings of Fact, I make the following: .
-1=

II . CONCLUSIONS OF LAW:
A. Sunburst Trout Company, LLC is a "person" within the
meaning of G.S . 143-215 . 6 pursuant to G.S. 143-212 (4) .
B. The waste disposal system cited in finding of Fact C
above falls within the definition of same at G.S. 143-
213 (10) .
C. A permit is required for the construction of a disposal
system pursuant to G.-S. 143-215 . 1 (a) (2) .
D. Sunburst Trout Company, LLC may be assessed civil
penalties pursuant to G. S. 143-215 . 6A(a) (2) which
provides that a civil penalty of not more than ten
thousand dollars per violation may be assessed against a
person who is required but fails to apply for or to
secure a permit required by G.S . 143-215 .1 .
E. The State' s enforcement costs in this matter may be
assessed against Sunburst Trout Company, LLC pursuant to
G.S . 143-215 .3 (a) (9) and G.S. 14313-282 . 1 (b) (8) .
F. The Director, Division of Water Quality, pursuant -to
delegation authorized by G.S. 143-215 . 6A(h) , has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law,
I make the following:
III . DECISION:
Sunburst Trout Company, LLC is hereby assessed a civil penalty
of.
�Li,) cc � For failing to apply for or to secure a
permit as required by G.S. 143-215 .1 for
construction of the subject disposal
system.
4,ovv I Hot„
$ TOTAL CIVIL PENALTY, which is ,percent
of the maximum penalty authorized by G.S.
143-215 . 6A.
$ Ciyy Enforcement costs
TOTAL AMOUNT DUE
-2-

As required by G.S . 143-215 . 6A(c) , in determining the amount of the
penalty I considered the factors set out in G.S. 143B-282 . 1 (b) , which
are :
(1) The degree and extent- of harm to the natural resources of the
State, to the public health, or to private property resulting-
from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or
on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by non-compliance;
(6) Whether the violation was committed willfully or
intentionally;
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Date A. Preston Howard, Jr. , P.E. , Director
Division of Water Quality
e
-3-

Orr
CERTIFICATION PAGE
I certify that the information in this report is
true - to the best of my knowledge . All violations of
self-monitoring data have been verified by hard copy
review of the monthly reports (if applicable) and the
appropriate permit (if applicable) .
Signature of Principal Investigator.(s) :
DATE :

NORTH CAROLINA DEPARTMENT OF
' ENVIRONMENT AND NATURAL RESOURCES
x DIVISION OF WATER QUALITY
N�DEto1R
January 19, 1999
,DAMES B.HUNT JR.
� t30VERNOR .- �.� `•.
CERTIFIED MAIL f,
RETURN RECEIPT REQUESTED r' J��✓ ,;
Mr. Richard Jennings 9
'1M1lAYNE MCDEVITT
SECRETARY Sunburst Trout Company, LLC ' ;
128 Raceway Placel �r�,, �
Canton,NC 28716 ``��
r g,J.PRESTON OWARD;
DIRECTOR SUBJECT: Assessment of Civil Penalties for Violation(s) of
North Carolina General Statute 143-215.1(a)
Sunburst Trout Company,LLC
Graham County
k S
File No. CV 98-007
Dear Mr. Jennings:
This letter transmits notice of a civil penalty assessed against Sunburst
Y r Trout Company,LLC in the amount of$4,900.00, including $900.00 in
3.
enforcement costs.
Attached is a copy of the assessment document explaining this penalty.
m This action was taken under the authority vested in me pursuant to delegation
r provided by the Secretary of the Department of Environment and Natural
Resources. Any continuing violation(s)may be the subject of a new enforcement
_ action, including an additional penalty.
Y
Within thirty days of receipt of this notice,you must do one of the
- r following:
r
q~ 1. Submit payment of the penalty:
- Payment should be made directly to the order of the Department of
tv Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
s
P.O.BOX 29535,RALEI6H,NORTH GAROLINA 27626-0535
PHONE [phone] FAX [phone]
SOg'o RECYCLED/1 O%POST-CONSUMER PAPER
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-

Please submit payment to the attention of:
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh,North Carolina 27626-0535
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request.
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and
a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh,North Carolina 27626-0535

Please note that all information presented in support of a request for remission
must be submitted in writing. The Director of the Division of Water Quality will
review the information during a bimonthly enforcement conference and inform
you of his decision in the matter of the remission request. His response will
provide details regarding case status, directions for payment and provision for
further appeal of the penalty to the Environmental Management Commission's
Committee on Civil Penalty Remissions. Please be advised that the Committee
cannot consider information that was not part of the original remission request
considered by the Director and therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
or
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter,you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must
File your original petition with the
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh,North Carolina 27611-7447
and
Mail or hand-deliver a copy of the petition to
Mr. Dan McLawhorn
General Counsel
Department of Environment and Natural Resources
P.O. Box 27687
Raleigh,North Carolina 27611-7687
Failure to exercise one of the options above within thirty days as evidenced by a date
stamp (not a postmark) indicating when we received your response,will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.

If you have any questions concerning this matter, please contact Mr. Bob Sledge at(919)
733-5083, extension 547.
Sincerely,
A. Preston Howard, Jr., P.E.
Attachment
cc: Regim,alvSuperAiswwvW,,attaG1,vffcr s
Compliance/Enforcement File w/attachments
Central Files w/attachments -

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated ,the undersigned, desiring to seek remission of the-civil
penalties, does hereby waive the right to an administrative hearing in the above-stated matter and
does stipulate that the facts are as alleged in the assessment document. The undersigned further
understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of
assessment. No new evidence in support of a remission request will be allowed after 30 days from
the receipt of the notice of assessment.
This the day of 519
BY
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
COUNTY OF GRAHAM
File No. CV 98-007
IN THE MATTER OF )
SUNBURST )
TROUT COMPANY,LLC )
FINDINGS AND DECISION
FOR CONSTRUCTION OF A ) AND ASSESSMENT OF
TROUT FARMIWASTE ) CIVIL PENALTIES
DISPOSAL SYSTEM )
WITHOUT A PERMIT )
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources, I,A. Preston Howard, Jr.,P.E.,Director of the Division of Water Quality (DWQ),
make the following:
I. FINDINGS OF FACT:
A. Sunburst Trout Company,LLC is a company organized and existing under the laws of the
State of North Carolina.
B. Sunburst Trout Company,LLC is the owner and developer of a trout farm located on
Snowbird Creek, on State Road 1120 in Graham County.
C. On October 6, 1998, and November 4, 1998,DWQ staff inspected the site and observed the
construction of a trout farm with a waste disposal system incorporated into it. Based on
information provided by the owner, construction began in approximately June 1998.
D. A search of DWQ records showed that a permit had not been issued as of the date of the
inspection for the above-cited construction. A Notice of Intent for a General Permit for the
trout farm was received by the Asheville Regional Office from Sunburst Trout Company,
LLC on September 4, 1998.
E. The costs to the State of the enforcement procedures in this matter totaled $900.00.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Sunburst Trout Company, LLC is a "person" within the meaning of G.S. 143-215.6
pursuant to G.S. 143-212(4).
B. The waste disposal system cited in Finding of Fact C above falls within the definition
of same at G.S. 143-213(10).
C. A permit is required for the construction of a disposal system pursuant to G.S. 143-
215.1(a)(2).
D. Sunburst Trout Company,LLC violated G.S. 143-215.1(a)(2) by constructing the
disposal system without first securing a permit.
E. Sunburst Trout Company,LLC may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than ten thousand
dollars per violation may be assessed against a person who is required but fails to
apply for or to secure a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Sunburst Trout
Company, LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources,has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:

III. DECISION:
Accordingly, Sunburst Trout Company,LLC is hereby assessed a civil penalty of:
$ 4,000 . o For one violation of G.S. 143-215.1 by constructing a disposal
system without having first applied for and secured a permit.
$ o b ts O TOTAL CIVIL PENALTY, which is'�o percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 900 , o a Enforcement costs
$ '4;960 , oo TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors set
out in G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or to private
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by non-compliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Date Preston Howard, Jr.,P.E.,Director
Division of Water Quality

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ate sent: Mon, 14 Dec 1998 17:15:12 -0400
From: "Jay Sauber" <[e-mail]>
To: Forrest Westall <[e-mail]>
Copies to: Coleen Sullins <[e-mail]>
[e-mail],
dave_good [e-mail],
"Liz [e-mail]" <[e-mail]>
, [e-mail]
Subject: Re: Dick Jennings/Sunburst Trout Farm, Graham Co., Lake Santeetlah
FORREST, YOU ASKED FOR MY OPINION...
NO SUGAR COATING HERE.:.LETS DO THE RIGHT THING!
I BELIEVE THAT THIS FELLOW GOT HIS COE PERMIT IN 1992 PRIOR TO ALL OF
OUR HARD WORK ON SANTEETLAH. WHY DID HE TAKE SO LONG TO GET IN AN
NPDES APPLICATION? WHEN DID HE APPLY? WHEN DID HE BEGIN CONSTRUCTION
HAVE WE HELD UP THE PAPERWORK? IS THIS AN EXPANSION, NEW FACILITY?
OR WHAT?
THE RESIDENTS OF THIS AREA WILL SURELY LOAD THEIR GUNS AIMED AT
ANOTHER DWQ NO-BRAINER IF WE ISSUE AN ADDITIONAL PERMIT TO THIS SYSTEM
AFTER WE HAVE HAD FREQUENT COMPLAINTS OF NUISANCE ALGAL BLOOMS.
IF WE ADD ADDITIONAL LOAD TO SNOWBIRD IT WILL AUGMENT THE ADDITIONAL
GENERATION OF COMPLAINTS ABOUT ALGAL BLOOMS THAT HAVE BEEN MADE ALL
THE WAY TO THE SECRETARY AND NEXT NO-DOUBT THE MEDIA AND EPA. WOULD
WE ISSUE THIS PERMIT FOR A PIG FARM? THIS AREA WILL TAKE IMMEDIATE
ADVANTAGE OF THE TYPE OF NUTRIENTS FROM A TROUT FARM - HIGH IN
PHOSPHORUS AND INORGANIC NITROGEN IN A SOULBLE FORM READILY UTILIZABL
BY CLEAR, LOW TURBIDITY, MOUNTAIN WATERS.
I CANNOT IN GOOD FAITH SAY THAT WE SHOULD DO ANYTHING BUT DENY. TROUT
FARMS ARE A GOOD THING FOR THE MOUNTAINS, THAT IS IF THEY ARE LOCATED
ON STREAMS THAT DO NOT DISCHARGE DIRECTLY INTO POORLY FLUSHED COVES
MOUNTAIN LAKES. THIS IS A COMMERCIAL OPERATION NOT A DOMESTIC NOR A
MUNICIPALITY ISSUE WHICH MIGHT TRIGGER A GREATER GOOD QUESTION. I
WOULD BE GLAD TO SHARE PICTURES AND OTHER INFORMATION WITH ANYONE
INTERESTED IF THEY WOULD LIKE TO SEE BLOOMS ON SANTEETLAH - IT IS NOT
PRETTY.
GOODRICH, SHOULD WE INCREASE THE LOAD TO CALICO CREEK TO SUPPORT A N
INDUSTRY? I DO HAVE EMPATHY FOR MR. JENNINGS, AND WE SHOULD BE READY
TO SAY NO WITH SYMPATHY AND COMPASHION BUT IT IS "NO" WE SHOULD SAY
AND NOT SUFFER THE POTENTIAL OF ANY LIKELYHOOD FOR MIXED MESSAGES,
SUGGESTIONS OF SMALLER OPERATIONS, IMPROVED TREATMENT OR OTHER
Liz Dickson -- 1 -- Mon, 14 Dec 1998 17:03:21

Pp
POMODATIONS.
I BELIEVE THAT WE SHOULD ALSO INFORM THE COE, DIV OF INLAND FISHERIES,
AND NCSU FOLKS AND OUR SISTER (TOM ELLIS) AGENCIES THAT WE WILL ISSUE
NO MORE NPDES IN THE SANTEETLAH COVES AREA OF WEST BUFFALOE AND
SNOWBIRD. I WOULD APPRECIATE ADDITIONAL DETAILS FROM FOREST, BUT WITH
OUT SOME KIND OF SERIOUS JUSTIFICATION WE SHOULD DO OUR JOBS AND
PROTECT THE DESIGNATED USES OF THIS WATERBODY WHICH ARE ALREADY UND
SERIOUS INSULTS OF NUTRIENT LOADING.
THERE ARE ALWAYS TWO SIDES TO ANY STORY, AND I DO NOT HAVE THE DETAILS
ON THIS ONE YET, BUT IN MY OPINION, THE WQ SECTION HAS MADE THIS
MISTAKE ALREADY BY ISSUING A TROUT PERMIT ON BUFFALOE CREEK AFTER WE
KNEW OF THE PROBLEMS AND AFTER WE (REGION AND ESB) RECOMMENDED THAT
NEW PERMITS BE ISSUED. LET US NOT MAKE THE SAME MISTAKE TWICE. OR,
LET US BE PREPARED FOR THE RESULTS.
Forrest Westall wrote:
> As some of you know, Sunburst Trout Farms (Dick Jennings
> company) has been building a new farm on Snowbird Creek
> upstream of Lake Santeetlah. We have noticed him with intent to
> file an enforcement action for construction without a permit (case
> is being finalized and will be sent in very soon, Liz has been in
> touch with Susan).
> Mr. Jennings has requested a permit for this farm and the
> application has been in for a little while. He would like to have a
> general permit so that he can continue as soon as possible with the
> construction of the farm (has a COE permit for intake and has built
> bridge/intake structure already, and has built the lowest section--
• most downstream--of the raceways). Debra Sloan of the NC Dept.
> Argiculture, Aquaculture activities (western rep. works with Tom
> Ellis), called last week to let us know that Dick has contacted her
> and would like for some kind of decision to be made on the
> enforcement and on the permit. Dick apparently had a mild heart
> attack about 3 to 4 weeks ago and this has spured him to try and get
> his affairs in order.
> The three basic permit options available to the DWQ is to 1) grant
> the permit through the general permitting process and proceed to
> allow him to continue to build his farm, 2) inform him that an
> individual permit will be required and that we will very likely have
> a public hearing on the proposed permit when it is ready to be
> noticed (this will result in a considerable amount of delay and the
Liz Dickson -- 2 -- Mon, 14 Dec 1998 17:03:21

ppr
final outcome cannot be predicted), 3) deny his request outright
P> due to the increase in nutrient loading to this arm of the lake (see
> recent memo preparied for Coleen's signature that established a
> moratorium on new dischages of nutrients to the lake, or 4) return
> his permit package with a directive that he must provide additional
> information on the potential impact of a new farm/nutrient source on
> this arm of the Lake and that he must establish what measures he
> will take with the farm to mitigate or negate the effect of the farm
> on eutorphication conditions of the Lake before we can proceed with
> processing the request. Personally, I think that either option 2 or
> 3 makes the most sense and is the most direct ans. to his permit
> request. Additionally, I believe that the pending enforcement
> action must be rapidly dealt with (it will go out this week from
> ARO) and assessed or not before we proceed with any permit decision.
> Dick is not the kind of person to sit back and wait for us to move.
> He is going to start pushing. His inquiries in the past caused Tom
> Ellis to call the Director's office (he spoke to Tommy). His
> (Dick's) view will be that we should make our decision and move on.
> I really believe we need to assess our fine and to decide if
> issuance of a permit is really something we should do after all the
> WQ complaints we received this year.
> Please let me know what the Central Office thinks about these
> issues. Thanks. Forrest
> Forrest R. Westall, Regional Water Quality Supervisor
> NC Department of Envrironment and Natural Resources
> Division of Water Quality, Asheville Regional Office
> 59 Woodfin Place, Asheville, NC 28801
> Phone: [phone], Ex. 251, Fax: [phone]
> E-Mail: Forrest [e-mail] r.state.nc.us
Mailto:[e-mail]
N.C. Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
[phone]
Liz Dickson -- 3 -- Mon, 14 Dec 1998 17:03:21

PPP
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
October 21, 1998
DAMES e.HUNT 7R:.' "= CERTIFIED MAIL
GOVERNOR
RETURN RECEIPT REQUESTED
Mr. Richard Jennings
Sunburst Trout Company, L.L.C.
.= WAYNEMCDEVITT 128 Raceway Place
SECRETARY .,:.. - Canton, North Carolina 28716
Subject : Permitting and Enforcement
. � y
tam y ) , Issues
Construction of New Trout Farm
.�a PRE3TONHOWARD},JR")m
,PE DIRECTOR �� Graham County
Dear Mr. Jennings :
iN,
We have reviewed the information you submitted in
A response to the Notice of Violation for starting
h construction of a new trout farm on Snowbird Creek without a
. 4 permit . Based on our review, we have decided that the most
appropriate step is to proceed with an enforcement action..
Once prepared, it will be forwarded to the Central Office in
rT z _ Raleigh for further processing and evaluation.
Several concerns arose from our review of the
information you submitted and from a site visit my staff
conducted on October 7 , 1998 . The construction permit that
:. you received from the US Army Corps of Engineers expired on
December 31, 1996 . Based on your affirmation to us,
construction in the stream was completed prior to this date .
" The plans for the bridge that you submitted to the US Army
Corps of Engineers were for the bedrock structure only. The
structure that has been built across Snowbird Creek does not
appear to be consistent with the plans submitted.
sw
Therefore, we are referring this matter to the US Army Corps
i' of Engineers for evaluation.
We received your Notice of Intent application for
r coverage under a General Permit on September 4 , 1998 .
- During the site visit, my staff observed some discrepancies
between the physical construction and the proposed drawings
submitted with your General Permit application. Of
particular concern is the apparent lack of space for the
proposed settling ponds . In addition, eutrophication in
Lake Santeetlah remains an ongoing problem. Therefore, we
are recommending that this permit be issued as an individual
NPDES permit .
INTERCHANGE BUILDING,59 WOODFIN PLACE,ASHEVILLE,NC 2880 1-24 1 4
_ PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/1 O% POST-CONSUMER PAPER

a 9
pppppp�
Mr. Richard Jennings
October 21, 1998
Page 2
We are hereby advising you to cease all construction
activities pending issuance of the permit . As you are aware, the
permitting process could take several months .
If you have any questions concerning this matter, please
feel free to call Mr. Keith Haynes, Ms . Liz Dickson, or me at
(828) 251-6208 .
Sincerely,
Worres R.eWest/all
Water Quality Regional Supervisor
xc : Debra Sloan - NCDA
David Baker - US Army Corps of/ Engineers
Liz Dickson - DWQ, Asheville V
Keith Haynes - DWQ, Asheville
Susan Wilson - DWQ, Raleigh
g:\...\demwq\grah\jennings.1c1

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
NC®ENR October 21, 1998
JAMES S.„HUNT JR.,.,.„Y.„,S CERTIFIED MAIL
GOVERNOR RETURN RECEIPT REQUESTED
.iP
Mr. Richard Jennings
Sunburst Trout Company, L.L. C.
WAYNE MCDEVITT 128 Raceway Place
SECRETARY .r;.: .: Canton, North Carolina 28716
y-
A
{ Subject : Permitting and Enforcement
1 x
{` Issues
�= Construction of New Trout Farm
A.-PRESTON HOY A 9!4R 7
P..E DIf2EhGTOR Graham County
Dear Mr. Jennings :
We have reviewed the information you submitted in
5� response to the Notice of Violation for starting
construction of a new trout farm on Snowbird Creek without a
permit . Based on our review, we have decided that the most
i appropriate step is to proceed-with- ari .enforcement -action.
{t� Once prepared, it will be forwarded to the Central Office in
z Raleigh for further processing and evaluation.
Several concerns arose from our review of the
information you submitted and from a site visit my staff
conducted on October 7 , 1998 . The construction permit that
you received from the US Army Corps of Engineers expired on
December 31, 1996 . Based on your affirmation to us,
construction in the stream was completed prior to this date .
The plans for the bridge that you submitted to the US Army
Corps of Engineers were for the bedrock structure only. The
structure that has been built across Snowbird Creek does not
_ - appear to be consistent with the plans submitted.
Therefore, we__are ref-erring this -matte-r--to the US Army Corps
of=_Engineers for evaluation.
We received your Notice of Intent application for
coverage under a General Permit on September 4 , 1998 .
= During the site visit, my staff observed some discrepancies
between the physical construction and the proposed drawings
submitted with your General Permit application. Of
particular concern is the apparent lack of space for the
proposed settling ponds . In addition, eutrophication in
Lake Santeetlah remains an ongoing problem. Therefore, we
= are-re-commending -t-hat this permit- be issued-as ari--individual-
NPDES_permit .. -
INTERCHANGE BUILDING,59 WOODFIN PLACE,ASHEVILLE, NC 2880 1-24 1 4
.. PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/10%POST-CONSUMER PAPER

Mr. Richard Jennings
October 21, 1998
Page 2
_We _are -hereby- -advis-ing_-you to -cease--all - construct-ion
act_ivt .es--pending issuance--of the permit.-j As you are aware, the
permitting process could take several months .
If you have any questions concerning this matter, please
feel free to call Mr. Keith Haynes, Ms . Liz Dickson, or me at
(828) 251-6208 .
Sincerely,
orres R.eWeslt�all
Water Quality Regional Supervisor
xc : Debra Sloan - NCDA
David Baker - US Army Corps of/ Engineers
Liz Dickson - DWQ, Asheville V
Keith Haynes - DWQ, Asheville
Susan Wilson - DWQ, Raleigh
g:\. ..\demwq\grah\jennings.1t1

Lim �o1rul'V�
Jennings Sunburst Trout Company, ZZC.
September 3, 1998
128 RACEWAY PLACE
Forrest Westall CANTON, NORTH CAROLINA 28716
NC Division of Water Quality [phone] • (704) 648-301 O
59 Woodfin Place FAX: [phone]
Asheville, NC 28801
Dear Forrest:
Enclosed is my application for a NPDES permit for the trout facility on Big Snow Bird
Creek in Graham County. Attached to the application is a drawing of the proposed
facility, and the site location on a topography map.
I am applying for a general NPDES permit with the understanding that the permit status
may change in the future due to the current water quality problems in Santeetlah Lake. If
I am granted a NPDES permit for this facility, I will participate in a Nutrient
Management Plan to help reduce the phosphorous loading in the receiving waters. I will
also raise fish with sensible management practices and I will actively use a waste
management plan and system.
As you realize from our meeting on 08/26/98, I have proceeded with the construction
under the wrong impression. I did not realize that I needed a NPDES permit to construct
the facility nor did I realize that I needed to send you a letter of intent to construct the
farm. Over the past fifteen plus years, I have communicated with the Army Corp of
Engineers and the Tennessee Valley Authority (TVA) to get the proper permits for .
construction of the intake and the bridge. I thought I was in compliance with all the
permits that I needed when I proceeded with the facility construction.
Also, I contacted your office in March of 1997 and discussed selling the property; I felt
that I understood what I needed to do to proceed with the trout farm project whether I
sold the property or I elected to construct the farm myself. I read your letter dated,
March 13, 1997, it stated that if I sold the property and the prospective buyer decided to
build a trout farm, that they would need to sent a Notice of Intent to construct. I did not
realize that I too needed to send a Notice of Intent. The 03/13/97 letter never clearly
spelled that out and consequently I assumed that I was in compliance when I began
construction of the facility. Therefore, I neglected to notify your Asheville NC DWQ
office.
If you have any questions, please feel free to contact my office at 828/648-3010. Thank
you for your consideration.
Sincerely n w L -i-_ ,��
jj
SEP
Richard Jenni s

• ATTACHMENT B
N. • NORTH CAROLINA DEPARTMENT OF
stiff ENVIRONMENT AND NATURAL RESOURCES
;•,. ,.;I33r<<•� �� DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
"'' DENR
WATER QUALITY SECTION
y September 10, 1998
JkMEB 6.HUNTJR. ti•.
GOVERNOR �t• `i
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
WAYNE MCDEVITT
Mr. Richard Jennings
128 Raceway Place
s>
Canton, North Carolina 28716
PE dI ZCTO , ;°' Subject: NOTICE OF VIOLATION
NCGS 143-215 . 1
t -� New Trout Farm
Graham County
Y ,gi,1 SN)9y F
Dear Mr. Jennings :
µ R During a meeting held with you, Debra Sloan and staff
of the Division of Water Quality in the Asheville Regional
Office on August 26, 1998, we were informed that you have
a started construction of a new trout farm on Snowbird Creek
in Graham County. This letter is to advise you that
construction of the trout farm without a valid NPDES permit
is a violation of North Carolina General Statute 143-215 . 1,
"Control of sources of water pollution; permits required" .
As authorized by NCGS 143-215 . 6, a civil penalty of not
more than ten thousand dollars ($10, 000) may be- assessed,
per day of violation, by the Environmental Management
Commission against any person who is required but fails to
- ; `,n apply for or secure a permit as required.
This letter also serves to advise you that this Office
:.,,.,.,.nf_'4, is planning to prepare a recommendation for an enforcement
action for submittal to Raleigh for consideration. Should
nY .,.,;_•,. � you have any information relative to the aforementioned
violation, which in your opinion should be considered prior
r-,., ' - F to final action b this Agency, it is requested that you
submit such information in writing to Ms . Liz Dickson or me
on or before September 29, 1998 .
ppCC''34 i
INTERCHANGE BUILDING,59 WOODFIN PLACE,ASHEVILLE,NC 26601-24 1 4
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-SOS RECYCLED/10q POST-CONSUMER PAPER

Mr. Richard Jennings
September 10, '1998
Page Two
If you have any questions or if you. require assistance,
please do not hesitate to contact,;?' Ms . Dickson, Mr. Keith
Haynes or me at 828/251-6208 .
Sincerely,
tl orrest.- R.fWestall
Water Quality Regional Supervisor
xc: Liz Dickson
Keith Haynes
Susan Wilson
jennings.noi

f4.
A Y ; NORTH CAROLINA DEPARTMENT OF
rk ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
, R t December 18, 1998
AMES B.HUNT.JR
GOVERNORv
MEMORANDUM
f WAYNEtMaDEVIrr, ° TO: Coleen Sullins, Chief
Water Quality Section
THROUGH: Forrest R. Westal
y,a Water Quality Regi pervisor
P^A�',PRESTON HOWARD�JR,s .d
DIRE croR #; ', FROM: Liz Dickson
Environmental Technician IV
SUBJECT: Enforcement Action
Sunburst Trout Company, LLC
Graham County
k . INTRODUCTION:
Company,.�
Sunburst Troutconstruction of a LLC began g trout
farm with a waste disposal system without a permit . The
Division of Water Quality - Asheville Regional Office staff
rip s met with Mr. Richard Jennings of Sunburst Trout Company,
t. LLC, on August 26, 1998 , to discuss this matter. The
r A
Asheville Regional Office received a Notice of Intent for a
General Permit for the trout farm on September 4, 1998 .
. Photographs of the trout farm construction are included as
- Attachment A to the Findings and Decision.
Incorporated into the construction of a trout farm are the
means, mechanisms, and structures to manage trout manure.
Trout manure is settled in the raceways of the trout farm
and then removed. Therefore, the construction of a trout
. �� farm constitutes the construction of a waste disposal system
ham_ T
�
without a permit .
vc REPORT:
On March 13 , 1997, Mr. Keith Haynes of the Asheville
Regional Office sent a letter to Mr. -Jennings outlining the
1
w procedures for obtaining a General Permit for a proposed
trout farm. At that time, Mr. Jennings was planning to
v r INTERCHANGE BUILDING,59 WOODFIN PLACE,ASHEVILLE,NC 2880 1-24 1 4
PHONE [phone] FAX[phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50 Jo RECYCLED/10q POST-CONSUMER PAPER

oleen Sullins
Memorandum
December 18,- 1988
Page Two
sell the property on Snowbird Creek in Graham County. He had
requested information on the feasibility of obtaining a General Permit
for a trout farm by the potential buyer.
On August 20, 1998, Ms . Debra Sloan, NCDA - Aquaculture and Natural
Resources, called Keith Haynes to report that she had observed
construction of a trout farm by Richard Jennings on Snowbird Creek.
On August 26, 1998, Ms . Sloan and Mr. Jennings met with Asheville
Regional Office staff to discuss the situation and the need for a
valid NPDES permit prior to beginning construction. The possibility
of an enforcement action was also discussed.
On September 4, 1998, the Asheville Regional Office received a Notice
of Intent for a General Permit for the trout farm on Snowbird Creek
from Richard Jennings of Sunburst Trout Company, LLC.
On September 10, 1998, the Asheville Regional Office sent a Notice of
Violation to Mr. Jennings for -starting construction of a trout farm
without an NPDES permit. See Attachment B.
On September 21, 1998, the Asheville Regional Office received
information from Mr. Jennings of Sunburst Trout Company, LLC to be
considered in the preparation of the enforcement action. These
documents included permits and correspondence from 1984 to 1994 with
the US Army Corps of Engineers, USDA Forest Service, TVA, DEHNR, and
other agencies to build a low water bridge and intake structure for a
trout farm on Snowbird Creek. See Attachment C.
On October 6, 1998, and November 4 , 1998, site visits were conducted
by Asheville Regional Office staff . Photographs of the trout farm
construction are included as Attachment A to the Findings and
Decision.
CONCLUSION:
Sunburst Trout Company, LLC is a trout farm business that is familiar
with the NPDES permitting requirements in North Carolina. The company
currently owns and operates two trout farms in -Haywood County, one of
which is under a General Permit . Mr. Richard Jennings of Sunburst
Trout Company, LLC, contacted the Asheville Regional Office about the
procedures for obtaining a General Permit for the new trout farm
approximately one year prior "to construction, but interpreted the
permitting procedures as applying only if he sold the property.

oleen Sullins
Memorandum
December 18, 1988
Page Three
Sunburst Trout Company, LLC violated the regulations by failing to
obtain a valid NPDES permit prior to beginning construction of a trout
farm in Graham County. we also believe that the company violated the
regulation by entering into a contract for the construction and
installation of the .trout farm/disposal system without obtaining a
permit pursuant to G.S . 143-215 . 1 (a) (8) ; however, we do not have a
copy of the contract .
RECOMMENDATION:
It is recommended the appropriate enforcement action be taken against
Sunburst Trout Company, LLC.
Attachments

ATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF GRAHAM
File No. CV
IN THE MATTER OF )
SUNBURST )
TROUT COMPANY, LLC )
FINDINGS AND DECISION
FOR CONSTRUCTION OF A ) AND ASSESSMENT OF
TROUT FARM/WASTE ) CIVIL PENALTIES
DISPOSAL SYSTEM )
WITHOUT A PERMIT )
Acting pursuant to North Carolina General Statute (G.S . ) 143-
215 . 6A, I, A. Preston Howard, Jr. , P.E. , Director of the Division of
Water Quality (DWQ) , make the following:
I . FINDINGS OF FACT:
A. Sunburst Trout Company, LLC is a company organized and
existing under the laws of the State of North Carolina.
B. Sunburst Trout Company, LLC is the owner and developer of a
trout farm located on Snowbird Creek, on State Road 1120 in
Graham County.
C. On October 6, 1998, and November 4, 1998 , DWQ staff inspected
the site and observed the construction of a trout farm with a
waste disposal system incorporated into it . Based on
information provided by the owner, construction began in
approximately June 1998 . See Attachment A.
D. A search of DWQ records showed that a permit had not been
issued as of the date of the inspection for the above-cited ,
construction. A Notice of Intent for a General Permit for the
trout farm was received by the Asheville Regional Office from
Sunburst Trout Company, LLC on September 4, 1998 .
E. The costs to the State of the enforcement procedures in this
matter totaled $900 . 00 .
Based upon the above Findings of Fact, I make the following:
-1-

CONCLUSIONS OF LAW:
A. Sunburst Trout Company, LLC is a "person" within the
meaning of G.S . 143-215 . 6 pursuant to G.S . 143-212 (4) .
B ., The waste disposal system cited in finding of Fact C
above falls within the definition of same at G.S. 143-
213 (10) .
C. A permit is required for the construction of a disposal
system pursuant to G.S . 143-215 . 1 (a) (2) .
D. -Sunburst Trout Company, LLC may be assessed civil
penalties pursuant to G.S . 143-215 . 6A(a) (2) which
provides that a civil penalty of not more than ten
thousand dollars per violation may be assessed against a
person who is required but fails to apply for or to
secure a permit required by G.S. 143-215 . 1.
E. The State' s enforcement costs in this matter may be
assessed against Sunburst Trout Company, LLC pursuant to
G.S . 143-215 .3 (a) (9) and G.S . 143B-282 . 1 (b) (8) .
F. The Director, Division of Water Quality, pursuant to
delegation authorized by G.S. 143-215 . 6A(h) , has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law,
I make the following:
III . DECISION:
Sunburst Trout Company, LLC is hereby assessed a civil penalty
of ,
y, o0v For failing to apply for or to secure a
permit as required by G.S. 143-215 . 1 for
construction of the subject disposal
system.
y, Oyy ' y� Y
$ I TOTAL CIVIL PENALTY, which is ° ;percent
of 'the maximum penalty authorized by G.S.
143-215 . 6A.
$ CApv I Enforcement costs
y� 9vv
$ TOTAL AMOUNT DUE
-2-

equired by G.S. 143-215 . 6A(c) , in determining the amount of the
nalty I considered the factors set out in G.S. 143E-282 . 1 (b) , which
are:
(1) The degree and extent of harm to the natural resources of the
State, to .the public health, or to private property resulting
from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or
on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by non-compliance;
(6) Whether the violation was committed willfully or
intentionally;
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Date A. Preston Howard, Jr. , P.E. , Director
Division of Water Quality
-3-

a-
CERTIFICATION PAGE
I certify that the information . in this report is
true to the best of my knowledge . All violations of
self-monitoring data have been verified by hard copy
review of the monthly- reports (if applicable) and the
appropriate permit (if applicable) .
Signature of Principal Investigator (s ) :
DATE : '_�ca�—Q i.` /C M It f

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
TYPE: CV
VIOLATOR: Sunburst Trout Company, LLC
ADDRESS: 128 Raceway Place
Canton, North Carolina 28716
(1) The degree and extent of harm to the natural resources of
the State, to the public health, or to private property
resulting from the violation;
Sedimentation to the stream occurred during construction to
date on the site.
Future harm could result when the trout farm begins
discharging nutrient loads to the tributary- to Lake
Santeetlah. Increased nutrient levels could contribute to
algae blooms that violate State water quality standards and
pose health risks .
(2) The duration and gravity of the violation;
The violation apparently began in June, 1998, and will
continue until an NPDES Permit is issued. DWQ met with a
representative of the company on August 26, 1998, to
discuss the need for a permit prior to construction. The
company proceeded to pour concrete for approximately 250-. of
the trout farm construction in September 1998 .
(3) The effect on ground or surface water quantity or quality
or on air quality;
The effects on surface water quality could not be
quantified.
(4) The cost of rectifying the. damage;
The cost to rectify the damage would include the costs to
remove the. concrete structures, and to regrade and
revegetative the site .
(5) The amount of money saved by non-compliance;
The company saved the costs of delaying construction and of
removing the wooden forms for the concrete construction
until a permit was obtained.
1

(6) Whether the violation was committed willfully or
intentionally;
The violation could have been committed willfully and
-intentionally. -The company currently owns and operates
trout farms, and is knowledgeable of permitting
requirements . A representative of .the company requested
information on permitting procedures approximately one year
prior to the construction. The ,company proceeded to pour
concrete to construct the first phase of the trout farm
after they were notified by the Division that a permit was
required prior to construction.
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental
Management Commission has regulatory authority;
No previous enforcement action has been taken.
(8) The cost to the State of the enforcement procedures;
Staff : $710 . 00
Administration: $100 . 00
Mileage : 375 miles @ $0 .24/mile = $90 . 00
(9) Type of violator and general nature of business;
Sunburst Trout Company, LLC is a Limited Liability Company
in the trout farming business .
(10) Violator's. degree of cooperation or recalcitrance;
After a meeting on August 26, 1998, to inform the company
of the requirement for a permit prior to construction, the
company proceeded to pour concrete structures to construct
the first phase of the trout farm. Construction
activities have ceased since September 1998 upon request
by the Division.
(11) Mitigating Circumstances;
None known.
(12) Assessment Factors;
a) IC: N/A
b) Receiving Stream: Snowbird Creek, Class C Trout
c) SOC/JOC status/negotiations: N/A
d) Copy of MP screen: N/A
e) Copy of Limits page: N/A
f) Damage: See photographs in Attachment A.
2

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t.,fib. � 'y T'z ,fit' •wN•�!S �..k.
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ATTACHMENT A
Wn
Figure •m lower raceways to Snowbird
04 • :

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ti t
In
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ATTACHMENT C V
,G,GC. �, ��_. i
Jen n in g s Sunburst Trout Company, � z
1 128:RACEWAY PLACE
`�`, CANTON, NORTH"CAROL-;INA 28716
September 22, 1998 , [phone] • (704),648 3010
W, SEP
t
FAX {7Q4) 648-9279
Forrest Westall.
SE
NC Division of Water Quah� ��`,LE _` '"'"'a��;(IE
59 Woodfin Place NOTICE OF VIOLATION
Asheville, NC 28801 NCGS 143-215.1
Dear Forrest:
I would like to begin my appeal for consideration by re-pleading my case as
stated in my cover letter with my Notice of Intent (NOI) and responding to
the Notice of Violation (NOV)..
In March of 1997, I contacted your office and discussed selling my property
on Snowbird Creek in Graham County. I re-read your letter dated, March 13,
19975 it stated that if I sold the property and the prospective buyer decided to
build a trout farm, that they would need to sent the Asheville office of DWQ
a NOI to construct. I did not realize that I too needed to send a NOI if I -
constructed the farm. The letter written in March 1997 never clearly spelled
that out and consequently I assumed that I was in compliance when I began
construction of the facility. I felt that I understood what I needed to do -to
proceed with the trout farm project whether I sold the property or I elected to
construct the farm myself. -Had-I ,known that I needed to notify DWQ, I
would have. ' However, I was not aware that if a trout facility greater than
20, 000 pounds were proposed to be constructed, then a Notice of Intent
must be submitted to the DWQ prior to construction. Therefore, I neglected
to provide your Asheville NC DWQ office with a NOI-concerning my
constructing the trout facility on Big Snowbird Creek in Graham County.
I plead for Remission on the penalty of the violation. I now realize that I
was in noncompliance_ when 1.proceeded with construction without the
proper authorization through ;the NOI process. I pray for leniency when
your Division of Water Quality reviews my NOV in the penalty assessment
phase. Also, I request your understanding and consideration when
reviewing my NPDES permit for this facility in.Graham County.

PPP
yennings Sunburst Trout Company, 44C.
128 RACEWAY PLACE
CANTON, NORTH CAROLINA 28716
[phone] • [phone]
Pg. 2 FAX: [phone]
In closing, I full well understand that lack of knowledge of the regulations is
no excuse for my violation or noncompliance. However, as a "layman" in
this complex regulatory process, I appeal to your compassion and
understanding that I did not knowingly or intentionally violate any rules or
regulations. I, as a trout farmer, innocently proceeded with an investment
that would help support my other trout farming enterprises. Thank you, I
greatly appreciate your consideration in this matter.
I am enclosing supporting documents, they are as follows: a copy of the
letter dated September 3' that I sent with my NPDES application and all
correspondence between myself and the Army Corp of Engineers or the
Tennessee Valley Authority, these documents authorize the construction of
my intake and bridge.
If.you have any questions or comments, please feel free to contact my office
at 828/648-3010.
Sincerely,
Richard Jennin
cc: Tom Ellis, NCDA— Aquaculture Coordinator

gs Sunburst Trout Compa , ,G.GC.
ny
September 3, 1998
128 RACEWAY PLACE
Forrest WestaB--• .x-•_ _ CANTON, NORTH CAROLINA 28716
NC Division of Water Quality ( - � [phone] • [phone]
59 Woodfin Place FAX- [phone]
Asheville, NC 28801
SEP 2 i 1998 ; `a�w
Dear Forrest: j
UVAiE!?Cst1P:i_I1Y SECT!(,p1
IL ASHEUfLLti '%;r
Enclosed is my application for a NPDES perm rfor-the trout facility on Big Snow Bird
Creek in Graham County. Attached to the application is a drawing of the proposed
facility, and the site location on a topography map. ;
I am applying for a general NPDES permit with the understanding that the permit status
may change in the future due to the current water quality problems in Santeetlah Lake. If
I am granted a NPDES permit for this facility, I will participate in a Nutrient
Managemgnt Plan to help reduce the phosphorous loading in the receiving waters. I will
also raise fish with sensible management practices and I will actively use a waste
management plan and system.
As you realize from our meeting on 08/26/98, I have proceeded with the construction
under the wrong impression. I did not realize that I needed a NPDES permit to construct
the facility nor did I realize that I needed to send you a letter of intent to construct the
farm. Over the past fifteen plus years, I have communicated with the Army Corp of
Engineers and the Tennessee Valley Authority (TVA) to get the proper permits for
construction of the intake and the bridge. I thought I was in compliance with all the
permits that I needed when I proceeded with the facility construction.
Also, I contacted your office in March of 1997 and discussed selling the property; I felt
that I understood what I needed to do to proceed with the trout farm project whether I
sold the property or I elected to construct the farm myself. I read your letter dated,
March 13, 1997, it stated that if I sold the property and the prospective buyer decided to
build a trout farm, that they would need to sent a Notice of Intent to construct. I did not
realize that I too needed to send a Notice of Intent. The 03/13/97 letter never clearly
spelled that out and consequently I assumed that I was in compliance when I began
construction of the facility. Therefore, I neglected to notify your Asheville NC DWQ
office.
If you have any questions, please feel free to contact my office at 828/648-3010. Thank.
you for your consideration.
XSincerelnni s

rth Carolina i
ent of Environment,
and Natural Resources AT4V
Pof Environmental Management
James B. Hunt,Jr., Governor
Jonathan B. Howes,
e fetary � E H N F
A. Preston Howard,Jr.r ".E., Director
—_ NOTICE OF INUNT
*rational Pollutant Discharge Elim Sy ination stem
Application for Coverage under General Permit NCG530000; Seafood packing, fish Packing,
and fish farms.
1. Name,A00ress,location,and telephone number of facility requesting Permit.
A. Official Name: dU �• C'
B. Mailing Address:
(1)Street Address;
(2)City;
(3)State;
(4)ZiA. �.�....- —
(S)County,
C. Location. (Attach map delineating general facility location)
(1)Street Address; 3• !I �.c;
(2)City;
(3)State; ,
(4)County;
D. Telephone.Number;
2. Facility Contact: ,
A. Name; «.��s.� ""
B. Title; 7TT L-
C. Company Name;
D. Phone Number; ( )
3. Application type (check appropriate selec�i�on): '
A. New or Proposed; s�// -
B.. Existing; If previously permitted,provide permit number
and Lvue.date
C. Modification;
(Descnbe the nature of the modification):
4. Description of discharge.
A. Please stale the number of separate d.isfiharge points.
2,Df; 3,[1; 4,[ 1; _,L 1. '
B.Please describe the amount of wastewater being discharged per each separate discharge point.
1• gallons per day (gpd) 2• (gpd) 3' (gpd) 4' (gpd)
Page 1
P.O.[lox 29535. Itr Aoigh. North Cc(olino 27626-(L35 Telephone [phone] FN(919-733-2496
An rquot 01)p0rlunily Allirmolivo)Aclio n I mployur :)(M rocyclod/ IIYX,Posl-ccxiuuno(Pc4)01

e duratign and frequency of the discharge, per each separate discharge point .
ntinuous:,. '
2.1ntermittent(please•desaribe):_ _
r
3Seasonal:(check the month(s) the discharge occurs):January[ 1;February 11. March[ 1;April [ ],
May[1;JW[�,JWy 1.);,August I];..Septgnber[h October[1;November[1;December[1
4.How many days per wee, k is there a discharge?(check the days the discharge occurs)
Monday[1, Tuesday[J,Yednesday 11, 'Thursday[1,Friday[1, Saturday[1, Sunday[l•
5.How much of the volume discharged,o .treated? (State in percent) 9b
D. Describe the type of wastewater being discharged.(please list any known pollutants
h=rporatad in the di,9cl arge if appBable);
E. Please describe the type of process the wastewater is being disc� from .crab washing,
table washing,ftlwashing,fish farm water d*harge,e1c.L•��� , n/p o.y o�
F. Is there any type of treatment being incorporated to the wastewater before discharge;
(check appropriate treatment)
1. nettling Ponds; I
2. Teatment Equipment+ �� G 4 77`4,, a
3. Screens;
4. Floor Sgeens;
5. Other(
please describe); •
6. None
7.If 1,2,3,or 4 above were checked,p give design specifics(i.e.design volume,retention
time,surface area,etc.). Existing treatment facilities should be described in detail and
design criteria or operational data should be provided(including calculations) to ensure that
the.Wli(y can comply witkrpgttir sr tints of ilie GergiW Permit,
NOTE: Construction of any wastewater treatment facilities require submission of three(3) sets of plans
and specifications along with their application. Design of treatment facilities must comply
with requirement 15A NCAC 2H .0138. If construction applies to the discharge, include the
three sets of plans and specifications with the application.""..,
5. What is the nature of the business a 1 ' for eneral permit;�4 t,
/�PP Yu'g .� ../ C,Pe e- 9
6. Name of receiving water. ,P,s �it�ouJ�i2d Classification:
(Attach a .USGS.topo&T,aphical map with all discharge point(s) clearly marked)
7. Is the discharge directly to the receiving water?(Y,NLY
If not, state specifically the discharge point. Mark clearly the pathway to the potential receiving
water on the site map. ('Phis includes tracing the pathway of the storm sewer to its discharge por(,
If a storm sewer is the only viable means of dilrge.)
8. Please address possible non-discharge alternatives for the following options: ',.
A.Connection to a Regional Sewer Collection*-stem;. `
B. Subsurface Disposal; r
C. Spray Irrigation;
Page 2

Pprtha amfamiliar with the information contained in the application and that to the best of
nd belief such information is true,-complete,and accurate.
Pointed Name o f Pelson 5 /C a �a. �n• .A. b
N
Date Applicaggn
NogTH CAROLINA GENERAL STATUTE 141-215 6 B (1) PROVIDES THAT:
Any person who knowingly makes any false statement, representation, or certification in any
application,record,report,plan or other document filed or required to be maintained under Article 21 or
regulations of the Environmental Management Commission implementing that Article,or who falsifies,
tampers with or knowingly renders inaccurate any recording or monitoring device or method required to
be operated or maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to
exceed$10,000,or by imprisonment not to exceed six months,or by both.(18 U.S.C.Section 1001 provides
.-a punishment by:a.fine,of:not more than$10,000 or imprisonment not more than 5 years,or both, for a
similar offense.)
Notice of Intent must be accompanied by a check or money order for$400.00 made payable to the North
Carolina Department of Environment,Health,and Natural Resources. Mail three (3) copies of the
entire package to:
Division of Environmental Management
NPDES Permits Group
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Page 3

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1 ` WESTERN NORTH CAROLINA
RICHARD D. JENNINGS
0 1/2
8CALE IN MILES LOCATION MAP OF BIG
SNOWBIRD CREEK
GRAHAM CO, N.C.
OCTOBER IS, 1984 SHEET_OF

i r k M
TTH CAROLINA DEPART"ENT OF
""''`"" ,•.. AND 1RCES
DIY[ ALITY
ASHE FICE�
��°"NCDEt�IR
ALITY SECTION
r "sl r
y
s Jwt+ase.HUNTJpp September 10, 1998
1` I4
-GOVERNOR k 4
Uj CERTIFIED MAIL
RETURN RECEIPT REQUESTED
WAYNE CDEVITT
SECRETARY
M
Mr. Richard Jennings
128 Raceway Place
Canton North Carolina 28716 �
A"PRE9TONHOWARD JR, Sub ' ect : NOTICE OF VIOLATION
f i NCGS 143-215 . 1 as
u New Trout Farm
Graham County '
t r: Dear Mr. Jennings
During a meeting held with you, Debra Sloan and staff
of the Division of Water Quality in the Asheville Regional
Office on August 26, 1998, we were informed that you have
started construction of a new trout farm on Snowbird Creek
in Graham County. This letter is to advise you that
construction of the trout farm without a valid NPDES permit
! is a violation of North Carolina General Statute 143-215 . 1,
, js fr ? "Control of sources of water pollution; permits required" .
u+t
As authorized by NCGS 143-215 . 6, a civil penalty of not
� . � 3 more than ten thousand dollars ($10, 000) may be assessed,
per day of violation, by the Environmental Management
Commission against any person who is required but fails to
apply for or secure a permit as required.
This letter also serves to advise you that this Office
ki is planning to prepare a recommendation for an enforcement
w action for submittal to Raleigh for consideration. Should
you have any information relative to the aforementioned
F � a violation which in your opinion should be considered prior
: 4 ui t
to final action by this Agency, it is requested that you
MtiIr submit such`Inform . .�wr ng to Ms . Liz Dickson or me
a ,,
eU 'r R v ­%e " .r(w it
on or befor 1 .`
fir" �'�� .;z t�� �..'�,i.'I , 1�t
a
"+ 5
INTERCHANGE BUILDING,S9 WOODFIN PLACE,ASHEVILLE,NC 28801-24 1 4
r, I PHONE [phone] FAX [phone]S2
r
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/10%POST-CONSUMER PAPER
n

f North Carolina
artment of Environment,
alth and Natural Resources 4 •
FDivision of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director 1D1HHNFz
:a
Asheville Regional Office
WATER QUALITY SECTION
March 13, 1997
Mr. Richard Jennings
Route 3, Box 513
Canton, North Carolina 28716
Subject: Proposed Trout Farm
Graham County
Dear Mr. Jennings :
This letter is in response to our conversation earlier today
concerning the feasibility of obtaining a General Permit for a
proposed trout farm located on your property which is adjacent to
Big Snowbird Creek in Graham County. (A copy of the corresponding
USGS map is attached. ) It is our understanding that you have a
buyer for the property contingent on the buyer being able to
construct a trout farm on the property.
It is the opinion of Water Quality staff of this Office that
obtaining a General Permit for the operation of a trout farm on
the subject property would appear to be favorable; however, this
Office does not make the final decision on whether to issue a
water quality permit.
If you have a buyer for the property, you should advise him
that it would be necessary for him to contact this Office and
request a Notice of Intent (NOI) for fish farms . After the NOI
is submitted, both the Asheville Regional staff and the Division
of Water Quality Central Office staff will make a review, with a
Permit issued within- 90 days of receipt of the NOI, if there are
no problems .
If you have any questions concerning this matter, or if this
Office can be of further assistance, please do not hesitate to
contact me at 704-251-6208 .
Si .'ere ,
eith ayne
Envirot Specialist
Interchange Building,59 Woodfin Place '+,. FAX [phone]
Asheville,North Carolina 28PM An Equal Opportunity/Affirmative Action Employer
Voice 704-251-6208 500%recycles/10%post-consumer paper

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DRAF il,
STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF GRAHAM
File No. CV -
IN THE MATTER OF )
SUNBURST )
TROUT COMPANY, LLC )
FINDINGS AND DECISION
FOR CONSTRUCTION OF A ) AND ASSESSMENT OF
TROUT FARM/WASTE ) CIVIL PENALTIES
DISPOSAL SYSTEM )
WITHOUT A PERMIT )
Acting pursuant to North Carolina General Statute (G. S . ) 143-
215 . 6A, I, A. Preston Howard, Jr. , P.E. , Director of the Division of
Water Quality (DWQ) , make the following:
I . FINDINGS OF FACT:
A. Sunburst Trout Company, LLC is a company organized and
existing under the laws of the State of North Carolina.
B . Sunburst Trout Company, LLC is the owner and developer of a
trout farm located on Snowbird Creek, on State Road 1120 in
Graham County.
C. On October 6, 1998 , and November 4, 1998, DWQ staff inspected
the site and observed the construction of a trout farm with a
waste disposal system incorporated into it . Based on
information provided by the owner, construction began in
approximately June 1998 . See Attachment A.
D. A search of DWQ records showed that a permit had not been
issued as of the date of the inspection for the above-cited
construction. A Notice of Intent for a General Permit for the
trout farm was received by the Asheville Regional Office from
Sunburst Trout Company, LLC on September 4, 1998 .
E. The costs e State of the enforcement procedures in this
matter totale $ q�
Based upon the above Findings of Fact, I make the following:
II . CONCLUSIONS OF LAW:
A. Sunburst Trout Company, LLC is a "person" within the
meaning of G. S . 143-215 . 6 pursuant to G.S . 143-212 (4) .

D:RAF' a
DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
TYPE: CV
VIOLATOR: Sunburst Trout Company, LLC
ADDRESS: 128 Raceway Place
Canton, North Carolina 28716
(1) The degree and extent of harm to the natural resources
of the State, to the public health, or to private property
resulting from the violation;
Ir-
(2) edimentation to the stream occurred during construction to
!tea r„1 ate on the site .
uture harm could result when the trout farm begins
ischarging nutrient loads to the tributary to Lake
cto � � anteetlah. Increased nutrient levels could contribute to
lgae blooms that violate State water quality standards and
ose health risks .
The duration and gravity of the violation;
The violation apparently began in June, 1998, and will
continue until an NPDES permit is issued. DWQ met with a
representative of the company on August 26, 1998, to
discuss the need for a permit prior to construction. The
company proceeded to pour concrete for approximately 250 of
the trout farm construction in September 1998 .
(3) The effect on ground or surface water quantity or quality
or on air quality;
The effects on surface water quality could not be
quantified.
(4) The cost of rectifying the damage;
The cost to rectify the damage would include the costs to
remove the concrete structures, and to regrade and
revegetate the site.
1

(5) The amount of money saved by non-compliance;
The company saved the costs of delaying construction and
of removing the wooden, forms for the concrete construction
until a permit was obtained. I
(6) Whether the violation was committed willfully or
intentionally;
The violation w-&s committed willfully and intentionally.
The company currently owns and operates trout farms, and is
knowledgeable of permitting requirements . A representative
of the company requested information on permitting
procedures approximately one year prior to the
construction. The company proceeded to pour concrete to
construct the first phase of the trout farm after they were
notified by the Division that a permit was required prior
to construction.
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental
Management Commission has regulatory authority;
No previous enforcement action has been taken.
(8) The cost to the State of the enforcement procedures;
Staf f
Administration: $100 . 00
Mileage : 4-9.6 miles @ $0 . 24/mile = $ �U
Ar7S
(9) Type of violator and general nature of business;
Sunburst Trout Company, LLC is a Limited Liability Company
in the trout farming business .
(10) Violator's degree of cooperation or recalcitrance;
After a meeting on August 26, 1998, to inform the company
of the requirement for a permit prior to construction, the
company proceeded to pour concrete structures to construct
the first phase of the trout farm. Construction
activities have ceased since September 1998 upon request
by the Division.
2

(11) Mitigating Circumstances;
None known.
(12) Assessment Factors;
a) IWC: N/A
b) Receiving Stream: Snowbird Creek, Class C Trout
c) SOC/JOC status/negotiations: N/A
d) Copy of MP screen: N/A
e) Copy of Limits page: N/A
f) Damage: See photographs in Attachment A.
3

D:RAFI
WATER QUALITY SECTION
16
December �3, 1998
MEMORANDUM
TO: Coleen Sullins, Chief
Water Quality Section
THROUGH: Forrest R. Westall
Water Quality Regional Supervisor
FROM:
SUBJECT: rc_nt ction
Sunburst Trout Company, LLC
Graham County
INTRODUCTION:
Sunburst Trout Company, LLC began construction of a trout
farm with a waste disposal system without a permit . The
Division of Water Quality - Asheville Regional Office staff
met with Mr. Richard Jennings of Sunburst Trout Company,
LLC, on August 26, 1998, to discuss this matter. The
Asheville Regional Office received a Notice of Intent for a
General Permit for the trout farm on September 4, 1998 .
Incorporated into the the construction of a trout farm are
the means, mechanisms, and structures to manage trout
manure . Trout manure is settled in the .raceways of the
trout farm and then removed. Therefore, the construction of
a trout farm constitutes the construction of a waste
disposal system without a permit .
REPORT:
On March 13 , 1997, Mr. Keith Haynes of the Asheville
Regional Office se /t a letter to Mr. Jennings outlining the
procedures for ob aining a General Permit for a proposed
trout farm. At hat time, Mr. Jennings was planning to sell
the property on Snowbird Creek in Graham County. He had
requested information on the feasibility of obtaining a
General Permit for a trout farm by the potential buyer.

On August 20, 1998, Ms . Debra Sloan, NCDA - Aquaculture and
Natural Resources, called Keith Haynes to report that she
had observed construction of a trout farm by Richard
Jennings on Snowbird Creek.
On August 26, 1998, Ms . Sloan and Mr. Jennings met with
Asheville Regional Office staff to discuss the situation and
the need for a valid NPDES permit prior to beginning
construction. The possibility of an enforcement action was
also discussed.
On September 4, 1998, the Asheville Regional Office received
a Notice of Intent for a General Permit for the trout farm
on Snowbird Creek from Richard Jennings of Sunburst Trout
Company, LLC.
On September 10, 1998, the Asheville Regional Office sent a
Notice of Violation to Mr. Jennings for starting
construction of " trout farm without an NPDES permit .
6ce f} (nth.n+wfi IJnn.
On September 21, 1998, the Asheville Regional Office
received information from Mr. Jennings of Sunburst Trout
Company, LLC to be considered in the preparation of the
enforcement action. These documents included permits and
correspondence from 1984 to 1994 with the US Army Corps of
Engineers, USDA Forest Service, TVA, DEHNR, and other
agencies to build a low water bridge and intake structure
for a trout farm on Snowbird Creek. S,-e C- .-,.�
On October 6, 1998, and November 4 , 1998, site visits were
conducted by Asheville Regional Office staff . Photographs
of the trout farm construction are included as Attachment A
to the Findings and Decision.
CONCLUSION:
Sunburst Trout Company, LLC is a trout farm business that is
familiar with the NPDES permitting requirements in North
Carolina. The company currently owns and operates two trout
farms in Haywood County, one of which is under a General
Permit . Mr. Richard Jennings of Sunburst Trout Company,
LLC, contacted the Asheville Regional Office about the
procedures for obtaining a General Permit for the new trout
farm approximately one year prior to construction, but
interpreted the permitting procedures as applying only if he
sold the property.
Sunburst Trout Company, LLC violated the regulations by
failing to obtain a valid NPDES permit prior to beginning
construction of a trout farm in Graham County. We also

Orr
believe that the company violated the regulation by entering
into a contract for the construction and installation of the
trout farm/disposal system without obtaining a permit
pursuant to G.S . 143-215 . 1 (a) (8) ; however, we do not have a
copy of the contract .
RECOMMENDATION:
It is recommended the appropriate enforcement action be
taken against Sunburst Trout Company, LLC.
Attachments ✓
1

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Detailed Corporation Information Page 1 of 1
Detail Corporation Information For
SUNBURST TROUT FARM, LLC
Corporation ID 0376637
(Data Current as of 10/31/98)
itizens ip orporation Status
oration Category LIMITED LIABILI'IY COMPANY
lnc. Auth.lJate29Augl995 I Stateoflne. NCountry o nc.
Registered gent Information
128 RACEWAY PLACE
ounty HAY WOOL)
Office of the Secretaa of State
This intormation is made available to you through the Office of the
Secretary of State.
Return to Name Search
http://www.sips.state.nc.us/secbin/detailc?id=0376637 11/18/98

(5o �C:w

To: [e-mail]
Subject: U-Pull-It Auto Parts
Date sent: Fri, 30 Oct 1998 10:48:17
Aisha-
Thanks for the information you sent me on the U-Pull-It Auto Parts
stormwater application located in McDowell Co. I visited the site
yesterday, and it actually is located along the edge of a soybean
field. They were even combining the soybeans while I was there!
Nix Creek is classified as "C", so it's not a Water Supply stream.
The site looked okay - about 4-5 dozen used/wrecked cars located
between the soybean field and the small UT. I did not observe any
evidence of spills from the vehicles. The vegetative buffer along the
unnamed tributary has not been disturbed.
You can proceed with the issuance of the Certificate of Coverage for a
stormwater permit for the site.
Hope you have a good weekend!
Liz Dickson -- 1 -- Fri, 30 Oct 1998 10:48:18

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality ` •
James B. Hunt,Jr., Governor
Jonathan B. Howes, Secretary . MOMM
A. Preston Howard,Jr„ P.E., Director � LE H
Asheville Regional Office
WATER QUALITY 'SECTION
March 13, 1997
Mr. Richard Jennings
Route 3, Box 513
Canton, North Carolina 28716
Subject: Proposed Trout Farm
Graham County
Dear Mr. Jennings :
This letter is in response to our conversation earlier today
concerning the feasibility of obtaining 'a General Permit for a
proposed trout farm located on your
Big Snowbird Creek in Graham County.
which is adjacent to
Y• (A copy of the corresponding
USGS map is attached. ) It- is our understanding that You
buyer for the property contingent on the buyer being blehtoe a
construct a trout farm on 'the property.
It is the opinion of Water Quality staff of this Office that
obtaining., a General Permit for the operation of a trout farm on
the subject property would a
Office does not make the finale decision onar to bevora whether tole; w issue this
water quality permit.
If you have a buyer for
that it would be necessary for hhim rtoecontactrty, uthisuOfficelandhim
request a Notice of Intent (NOI) for fish farms . After the NOI
is submitted, both the Asheville Regional staff and the Division
of Water Quality Central Office staff will make a review, with a
Permit issued within 90 days of receipt of the NOI, if there are
no problems .
If you have any questions concerning this matter, or if this
Office can be of further assistance, please do not hesitate to
contact me at 704-251-6208 .
Si cere ,
D.' eith aYne
rVe Interchange Building,59 Woodfin Place Envir Specialist
Asheville,North Carolina 28801 � FAX [phone]
Voice 704-251-6208 An Equal Opportunity/Affirmative Action Employer
-,-. 50%recycles/1046 post-consumer paper

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!SENDER: I also wish to receive the
o ■complete items 1 and/or 2 for additional services.
H ■Complete items 3,4a,and 4b. following services(for an 1
ai ■Print your name and address on the reverse of this form so that we can return this extra fee):
card to you. °
■Attach this form to the front of the mailpiece,or on the back if space does not ' 1. ❑ Addressee's Address
permit.
d ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery 0
■The Return Receipt will show to whom the article was delivered and the date i
° delivered. Consult postmaster for fee.
° 4a.Article Number
v 3.Article Addressed to: `
_ a
_d 0 2- Co Co
�b.ServiceNiR RICHARD JENNINGS ^I Regisi ed? C M Certified
SUNBURST TROUT COMPANYL LfC Exp°r rs Mailnfrr �'rn� ❑ insured
128 RACEWAY ,'LACE ❑ R tumlRecelpt�orMerc and ❑ COD
CANTON NC 28716 Date of D�eliY#Lt
z
8.Address
5.Received By:7fi, 7NMIJ e'e'eAdares only if requested
W and fee is#Aid) f
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6.Signature,: dd ssee gent)
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H 102595-97-13-0179 Domestic Return Rec
ps Form 3811, Decemb r 1994ei

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I First-Class M ail
UNITED STATES POSTAL SERVICE \,L-E Ppstage&Fees,P aJd
_\(7p�j ermit No-G-1T
North CarolinaDepartment of lqSa T NCDENR Envirofffffenf-and Natural Resources
-nL,15n-.-�!'�,'--. 59 Woodfin Place Asheville,IBC 28801-24 4 1
DIV OF WATER QUALITY
TO: MS LIZ, DICKSON
NCDENR- DWQy--WQS
59 WOODEN PLACE
ASHEVILLE NC 28801
1:)14 till IIIIIIIIIII III

%• SENDER:
v ■Complete items 1 and/or 2 for additional services. I also wish to receive the
73 ■Complete items 3,4a,and 4b. following services(for an
d ■Print your name and address on the reverse of this form so that we can return this extra fee):
i
� card tovnu— ,- ------,--- ---- --_:_------ — -- -- -
■Attar 1 kddressee's Address
pem ��� North Carolina;Department of , i
■wni Enviromnent and Natural'Resources lestricted Delivery i
■dIij 4CDENR
cxx: 59 Woodffn Place Asheville,NC 28801-2414 ostmasterforfee.
0 3.Ar� )IV OF WATER QUALITY 4a.Article Number
Z 31 �
TO:RICHARD JENNINGS 4b.Service Type
$ 128 RACEWAY PLACE ❑ Registered -Certified
} CANTON, NC 28716 ❑ Express Mail ❑ Insured !
cc
I III I I I I I I I III Return Receipt for Merchandise ❑ COD
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PS Fo"3811,December199,4; i ; ;; ; 102595-97-B-0179 Domestic Return Receipt

UNITED STATES POSTAL SERVICE First-Class Mail
t-E, Postage-&-Fees-Paid'
J -LISPS--
P IA --Permit-No.-G40--
North Cumlina 5F7rtment o
AA
Environm� �t And
4CDEN1IR ;Natural Resoutces,.e,._ —
wn....., 59 Wooefffi lace Asheville,NC 28801-2414
NV 01"WATER QUALITY
TO:NCDENR
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
59 WOODFIN PLACE
ASHEVILLE, NC 2880.1