HomeMy WebLinkAboutNCG530065_Regional Office Historical File 1990 to 2016PAT MCCRORY
..-._,j Governor
DONALD R. VAN DER VAART
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
August 5, 2016
Chris Inman
Outside Operations Manager, Sunburst Trout Company
PO Box 1484
Waynesville, NC 28786
SUBJECT: Compliance Evaluation Inspection
Sunburst Trout Company
Permit No: NCG530065
Haywood County
Dear Mr. Inman:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on
July 27, 2016. The Compliance Evaluation Inspection was conducted by Kevin Mitchell, Zan Price, and Tim
Fox of the Asheville Regional Office. The facility appeared to be in compliance with permit NCG530065.
However, there are items in the attached report that need your attention.
Please refer to the enclosed inspection report for observations and comments. A Permit Name/Ownership
Change Request form is attached. Please submit this form to update the owners name(s). If you or your staff
have any questions, please call me at 828-296-4500.
Sincerely,
an Price, PE
Assistant Regional Supervisor
Asheville Regional Office
Enc.
cc: MSC 1617-Central Files -Basement
Asheville Files
G:\WR\WQ\Haywood\Wastewater\Gencral\NCG53 Trout Farms\NCG530065Uu1y 27, 2016 Inspection\CEI.07-27-2016_Sunburst.docx
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70 Swannanoa, NC 28778
828 296 4500
NPDES PERMIT APPLICATION - SHORT FORM C-Seafood
This form should be completed by seafood processing facilities and mailed to:
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Website: [http://h2o.enr.state.nc.us/NPDESn
NPDES Permit Number INCOO �f.
1. Contact Information:
Facility Name
Owner Name
Street Address
City
State / Zip Code
Telephone Number
Fax Number
E-mail Address
Operator Name
Street Address
City
State / Zip Code
County
Telephone Number
Please print or type
Sunburst Trout Farms
Steve Eason
128 Raceway Place
Canton
NC 28716
(828) 648-3010
_(828) 648-9279
steve@sunbursttrout.com
Steve Eason
same as above
same as above
same as above
same as above
(same as above)
2. Location of facility producing discharge:
Check here if same as above
Facility Name (If different from above)
Street Address or State Road
City
State / Zip Code
County
3. Ownership Status:
Federal ❑ State ❑ Private
4. Standard Industrial Classification (SIC) code(s):
Canned/Cured Fish & Seafood (2091) ❑
Prepared Fresh or Frozen Fish & Seafood (2092)
5. Do you process seafood and/or pack seafood? (if you only pack seafood,
coverage under a general permit -please call the 1VPD
Process ❑ Pack Only
may be eligible for
and Pack
Page 1 of 4 D gR- NieT�R CltlA� a
_ .. C-Seafood -04/05
NPDES PERMIT APPLICATION - SHORT FORM C-Seafood
6. Facility Operations and Associated Federal Regulations: (check all that apply)
Breaded Shrimp Processing
M
Non -Breaded Shrimp Processing
L
Manually Processed Blue Crab
B
Mechanically Processed Blue Crab
C
Hand Shucked Clam Processing
W
Mechanically Shucked Clam Processing
X
Scallop Processing
AD
Fish Meal Processing
O
Manually Processed Bottom -Fish
U
Mechanically Processed Bottom -Fish
V
Hand -Shucked Oyster Processing
Z
Mechanically Shucked, Oyster Processing
AA
Other (Specify) Rainbow Trout Processing
X
anticipate 1
Other (Specify)
7. Production Information:
To list additional outfalls, duplicate this page and correct outfall number(s).
NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes,
Page 2 of 4 C-Seafood -04/05
NPDES PERMIT APPLICATION - SHORT FORM C-Seafood
include a schematic diagram of wastewater flow at the facility.
8. Types of wastewater discharged to surface waters only:
Type
Average Flow
GALLONS PER OPERATING MONTH
Sanitary Sewer - monthly average
Cooling Water - monthly average
Process Water - monthly average
40000
Packing Water - monthly average
Other - (Please Specify)
9. Number of employees: 15
10. Number of separate discharge points: we anticipate only one discharge point
11. Name of receiving stream(s) (Provide a map showing the exact location of each outfall)
West Fork of the Pigeon River
12. List all permits, construction approvals and/or applications (check all that apply and provide permit
numbers or check none if not applicable):
Type Permit Number
Type
❑
None
❑
Non -Attainment
❑
UIC
❑
Ocean Dumping
Cert. of Coverage
®
NPDES NCG530065
❑
Dredge/Fill Permits
❑
PSD
❑
RCRA
❑
NESHAPS
❑
Other
Permit Number
13. Are any of the following substances added as a result of your operations, activities, or processes?
(Check all that apply):
Biocides for Algal Control ❑ Chlorine/Bleach ® Other (please specify below)
Sanitizers and soaps are used for cleaning purposes, all of which are FDA food safety approved
Page 3 of 4 C-Seafood -04/05
NPDES PERMIT APPLICATION - SHORT FORM C-Seafood
14. Application Supplement - Conventional Pollutant Analyses [under §40CFR 122.21]. Show this list to
your North Carolina -certified laboratory.
Provide data for the parameters listed. Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be
used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum.
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BOD5)
891
856
mg/L
Chemical Oxygen Demand (COD)
2180
1583
mg/L
Total Organic Carbon
309
200
mg/L
Total Suspended Solids
246
195
mg/L
Ammonia as N
1.1
0.91
mg/L
Temperature (Summer)
not taken
not taken
Temperature (Winter)
57
56
deg F
pH
6.4
6.6
standard units
15. Is this facility located on Native American lands? (check one)
YES ❑ NO
16. Treatment Components - Provide a narrative description of installed wastewater treatment
components at the facility. Include sizes & capacities for each component.
The proposed system will replace an exissting failed ground apsorption septic system that has
historically served the facility. Upon reciept of the discharge limits from NCDWQ, the proposed
treatment system will be designed to support the same.
17. Certification
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.
Steve Eason Owner
Printed name of Person Signing Title
Signature of Applicant or Authorized Agent Date
North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false
statement representation, or certification in any application, record, report, plan, or other document files 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 $25,000, 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 $25,000 or imprisonment not more than 5 years, or both,
for a similar offense.)
Page 4 of 4 C-Seafood -04/05
ENGINEERING ALTERNATIVE
ANALYSIS
FOR
SUNBURST TROUT FARM
128 RACEWAY PLACE
CANTON, NC 28716
HAYWOOD COUNTY, NORTH CAROLINA
PREPARED BY:
C'I
CIVIL DESIGN CONCEPTS, PA
200 Swannanoa River Road 1210 S. Main Street
Asheville, NC 28805 Waynesville, NC 28786
Phone:828-252-5388 Phone:828-452-4410
Fax:828-252-5365 Fax:828-456-5455
www.civildesignconcepts.com
NCBELS Firm # C-2184
No. 21305
ZUARY 25, 2013
Anburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 2 of 9
Introduction
Sunburst Trout Company, located in Haywood County, NC, was founded in 1948 and is in the
business of raising, processing and distributing rainbow trout to customers throughout the
Country. Historically, the facility has been served by an on -site sanitary sewer treatment system
that has succumb to some issues that are beyond repair. The fish processing and production is
done on Monday, Tuesday, Thursday and Friday of each week. The average daily wastewater
flow (process and domestic) on those days is approximately 2,200 gallons per day based on recent
water use monitoring performed by the Owner. This includes both domestic and process
wastewater. On non -process days (Wednesday, Saturday and Sunday) the flows primarily consist
of domestic and kitchen flows, and while not recently monitored, are anticipated to be 500 - 600
gallons per day or less based on the number of employees (15+1-) and some amount of kitchen
usage. While it is acknowledged that on -site subsurface disposal (Alternative B) appears to be the
most technologically and economically desirable alternative, it should also be noted that the
specific costs associated with the acquisition of suitable land and also the lands ability to
assimilate the wastewater are assumed at this time and additional information with regard to these
two items is warranted in order to arrive at the same conclusion with absolute certainty. In the
event that suitable land, within close proximity to the site could not be obtained, then a discharge
to surface waters appears to be the next reasonable alternative assuming all other assumptions hold
true.
Step 1
Zero Flow Stream Restrictions: Based on information as provided by the USG§ (Mr. J. Curtis
Weaver) it is not anticipated that the proposed point of discharge will be at a point on the West
Fork of the Pigeon River that is subject to a zero flow.
Receiving Stream Classifications: The West Fork of the Pigeon River is classified as WS-III; Tr.
Basinwide Water Quality Plans: The subject site is located and contained within the area covered
by the French Broad River Basinwide Water Quality Plan.
Impaired Waters and TMDL's : The 2012 North Carolina Integrated Report lists, the West Fork of
the Pigeon River (from source to backwaters of Lake Logan) as supporting aquatic life with
excellent bioclassification. The subject discharge point is located at the just downstream of the
Lake Logan dam.
Presence of Endangered Species: It is stated in the Basinwide Water Quality Plan noted above in
the Pigeon River Subbasin Overview that the West Fork — Pigeon River and the Pigeon River are
one of the few remaining areas to support the Appalachian Elktoe Mussel which is federally
endangered.
Gnburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 3 of 9
Step 2 — Projected Flows
The projected flows for the facility are non -domestic flow and are not influenced by population.
The flows are tiedto the overall capacity of the company's market share and live fish production
capability of the trout farm. The fish processing and production is normally done at Sunburst
Trout Company on Monday, Tuesday, Thursday and Friday of each week. The average daily
wastewater flow (process and domestic) on those days is approximately 2,200 gallons per day
based on recent water use monitoring performed by the Owner. This includes both domestic and
process wastewater. On non -process days (Wednesday, Saturday and Sunday) the flows primarily
consist of domestic and kitchen flows, and while not recently monitored, are anticipated to be 500
— 600 gallons per day or less based on the number of employees (15+/-) and some amount of
kitchen usage. For the purposes of this analysis, we have projected a future flow of 3,000 gallons
per day or an increase of approximately 36% from the current base flow. We would anticipate
that if flows ever exceeded the 3,000 gallon per day threshold that additional tankage could be
added to provide flow equalization to buffer the discharge given that the facility only generates the
process flows on four out of seven days a week.
Step 3 — Evaluate technologically feasible alternatives
• Connection to an existing wastewater treatment plant — Alternative A
The Sunburst Trout Farm in Haywood County, NC is located approximately 9 miles from
the closest Municipal Wastewater Collection System (Town of Canton) which is tributary
to an existing wastewater treatment facility owned by Evergreen Packaging (formerly
Blue Ridge Paper Products and also formerly Champion Paper)
Given the vast distance from the existing connection point, neither a gravity system or a
pump station and force main system are given regard as feasible alternatives for this
project. In addition to the capital costs associated with either of these alternatives, it is
anticipated that a number of private easements would have to be secured in order to
successfully construct either a gravity collection line or a force main route.
For general context a preliminary opinion of cost is noted below for each:
Gravity Sewer Collection Line
47,000 LF x $60 / LF = $2,820,000
Rock Excavation (10% of 5' deep, 3' wide trench) 2,611 Cy @ $120 / CY $ 313,320
Manholes -235 structures @ $2,500 /each $ 587,500
Right of Way Acquisition (1/2 length x 20' width) 11 acres @ $10,000 / ac $ 110,000
Construction Subtotal $3,830,820
sunburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 4 of 9
Engineering / Legal (15% of Construction Subtotal) $ 574,623
Total Project Estimate $4,405,443
Pump Station and Force Main
4" Force Main — 47,000 LF x $30 / LF = $1,410,000
Rock Excavation (10% of 3.5' deep, 3' wide trench) 1,827 CY @ $120 / CY $ 219,240
Pump Station Wet Well / Pumps / Electrical $ 175,000
Right of Way Acquisition (1/3 length x 10' width) 3.6 acres @ $10,000 / ac $ 36,000
Construction Subtotal $1,840,240
Engineering / Legal (15% of Construction Subtotal) $ 276,036
Total Project Estimate $2,116,276
• Land Application Alternatives — Alternative B
Onsite Subsurface System
While sufficient land area is not available on the subject property for the installation of an
on -site sewer subsurface, drip irrigation or spray irrigation system, the evaluation below
assumes that suitable land could be identified and purchased nearby for the purposes of
situating a subsurface system with a proposed drainfield and repair area. Based on
reasonable estimates for soils within the area, a Long Term Application Rate of 0.35 gal
per day / square foot is assumed. Using the proposed design flow of 3,000 gallons per
day, this would require approximately 8,571 square feet of application area. Assuming a
three foot wide trench that would equate to 2,857 LF of conventional trench in the
drainfield. Using a nine foot center to center trench spacing, that would require a land area
of approximately 0.6 acres for the primary drainfield. Once setbacks, landscape
irregularity and other site specific features are included, it would be sound to plan around
1.25 acres to be identified for the primary drainfield. This area should be doubled to allow
sufficient space for a repair area drainfield for a total of 2.5 acres of land area required.
Land Area — 2.5 acres @ $25,000 / Acre $ 62,500
Sunburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 5 of 9
Conventional sewer trench — 2875 LF x $25/LF = $ 71,875
Septic Tanks / Treatment Units / Pumps $ 125 000
Electrical $ 15,000
Soils Investigation $ 18,000
Forcemain Line 1,500 LF @ $20 / LF $ 30,000
Engineering $ 25,000
Legal $ 10,000
Total Project Estimate $ 357,375
• Water Reuse — Alternative C
Based on the rural nature of the area surrounding the subject site and the low density of
development, the opportunity for water reuse is very limited. Irrigation of any kind is not
common as the surrounding area is traditionally rich with rainfall. In addition, there are no
athletic fields or golf courses nearby that would benefit from use of the reclaimed
wastewater. Based on the absence of viable reuse opportunity, the water reuse alternative
is viewed as not feasible.
• Direct Discharge to Surface Waters — Alternative D
Treatment Plant (Septic Tank / Advantex Pods / Denitrification / Polishin
6" Gravity Line — 500 LF x $30 / LF = $ 15,000
Grease Trap—10,000 gallon $ 30,000
Septic Tank—10,000 gallon $ 30,000
Recirculation Tank / Pumps / Controls $ 52,000
Denitrification Tank / Media—10,000 gallon $ 40,000
Sunburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 6 of 9
Packed Bed Treatment Pods (3 Total)
$
80,000
Polishing Tank / Pumps / Controls
$
48,000
Chemical Feed day tank / pumps
$
17,000
Electrical — Lump Sum
$
22,000
Discharge Line — 500 LF x $30 / LF =
$
15,000
Sitework / Grading / Erosion Control
$
25,000
Construction Subtotal $ 374,000
Engineering / Legal (15% of Construction Subtotal) $ 56,100
Total Project Estimate $ 430,100
Present Value of Costs Analysis
Discount Rate = 4.875%, Term = 20 years
Gravity Sewer Collection Line
Co = Total Project Estimate $4,405,443
Ct = Operation and Maintenance Costs
WWTP Sewer Acceptance Charges $3.50 / 1000 gallons x 2000 gal/day (avg) _ $7.00 / day or
$2,555.00 / year (annual cost)
Repair and Maintenance — Assumed this would be owned by the municipality at no cost to
developer, therefore this cost would be zero.
PV = $4,405,443 + $2,555 (12.595) (as a factor of discount rate and years)
Gravity Sewer PV = $4,437,623
Sunburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 7 of 9
Pump Station and Force Main
Co = Total Project Estimate $2116 276
Ct = Operation and Maintenance Costs
WWTP Sewer Acceptance Charges $3.50 / 1000 gallons x 2000 gal/day (avg) = $7.00 / day or
$2,555.00 / year (annual cost)
Annual Electrical Charges $2,400 / year
Line Repair / Pump Maintenance $9,000 / year
PV = $2,116,276 + $13,955 (12.595) (as a factor of discount rate and years)
Pump Station and Force Main PV = $2,292,039
Land Application Alternative — On -Site Subsurface System
Co = Total Project Estimate
Ct = Operation and Maintenance Costs
Operation and Testing Services
Electrical Costs
Repair and Maintenance
$357,375
$ 700 (monthly) = $ 8,400 / annually
$ 900 (monthly) = $10,800 / annually
$ 300 (monthly) = $ 3,600 / annually
PV = $ 357,375 + $22,800 (12.595) (as a factor of discount rate and years)
On -Site Subsurface System PV = $ 644,541
Sunburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 8 of 9
Discharge to Surface Waters Alternative
Co = Total Project Estimate
Ct = Operation and Maintenance Costs
Operation and Testing Services
Electrical Costs
Chemicals for Treatment
Repair and Maintenance
$430,100
$ 1,600 (monthly) = $19,200 / annually
$ 1,300 (monthly) = $15,600 / annually
$ 250 (monthly) = $ 3,000 / annually
$ 400 (monthly) = $ 4,800 / annually
PV = $ 430,100 + $42,600 (12.595) (as a factor of discount rate and years)
Discharge to Surface Waters PV = $ 966,647
Sunburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 9 of 9
Attachments
• Haywood County GIS — Aerial Map of Subject Property
• Local Government Review Form
• NCDWQ — Stream Classification for West Fork Pigeon River
• 2012 North Carolina Integrated Report for West Fork Pigeon River (Just upstream of the
subject property)
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Attachment A. Local Government Review Form
General Statute Overview: North Carolina General Statute 143-215.1 (c)(6) allows input from local governments in the issuance
of NPDES Permits for non -municipal domestic wastewater treatment facilities. Specifically, the Environmental Management
Commission (E11C) may not act on an application for a new non -municipal domestic wastewater discharge facility until it has
received a written statement from each city and county government having jurisdiction over any part of the lands on which the
proposed facility and its appurtenances are to be located. The written statement shall document whether the city or county has a
zoning or subdivision ordinance in effect and (if such an ordinance is in effect) whether the proposed facility is consistent with the
ordinance. The EXIC shall not approve a permit application for any facility which a city or county has determined to be
inconsistent with zoning or subdivision ordinances unless the approval of such application is determined to have statewide
significance and is in the best interest of the State.
Instructions to the AuV ic=: Prior to submitting an application for a NPDES Permit for a proposed facility, the applicant
shall request that both the nearby city and county government complete this form. The applicant must:
• Submit a copy of the permit application (with a written request for this form to be completed) to the clerk of the city and
the county by certified mail, return receipt requested.
• If either (or both) local govemment(s) fails) to mail the completed form, as evidenced by the postmark on the certified
mail card(s), within 15 days after receiving and signing for the certified mail, the applicant may submit the application to
the NPDES Unit.
• As evidence to the Commission that the local government(s) failed to respond within 15 days, the applicant shall submit a
copy of the certified mail card along with a notarized letter stating that the local government(s) failed to respond within the
15-day period.
Instructions tI ove anent: The nearby city and/or county government which may have or has jurisdiction over
any part of the land on which the proposed facility or its appurtenances are to be located is required to complete and return this
form to the applicant within 15 days ofreceipt. The form must be signed and notarized.
Name of local government Haywood County Government
(City/County)
Does the city/county have jurisdiction over any part of the land on which the proposed facility and its appurtenances are to he
located? Yes [ x ] No [ ] If no, please sign this form, have it notarized, and return it to the applicant.
Does the city/county have in effect a zoning or subdivision ordinance? Yes [ x ] No [ ]
If there is a zoning or subdivision ordinance in effect, is the plan for the proposed facility consistent with the ordinance? Yes [ x ]
No [ ]
Date I^ebruarly 19, 2013
State 0f!1�Of`i l.,�Q 0'; �� County of
On this R+� day of �' 6ro(LN
H
k."
,
a013, personally appeared before me, thi said,-
name I
to me known and known to me to be the peAop described in
and who executed th oregoing docu ent and he (or she) acknowledged that he (or she) executed the same and being dVly sworn
by me, made oath that the statements in the foregoing document are true.
My Commission expires °1— AO I .(Signature of Notary Public)
Notan, ublic (Official Seal)
EAA Guidance Document Version: June 23, 2005
Page I of 8
Webb Creek 6-57-13-3 C;Tr 04/01/96
............. - .....
From source to Gap Creek
l [.
Wesley Creek
............. ....................... .................. ................ ....................
5-32-6
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09/01/74
................. -................ ................... ..... .............................................................
.From source to Fines Creek
- _
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.....
Wesley Creek (Bent Creek Ranch Lake)
6-67-10
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B
08/01/02
............._
From source to Bent Creek
...... ....
West Branch
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._
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....
West Cove Branch
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.... .... ....
.From source to Beaverdam Creek
..
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West Fork Bull Creek
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rom source to Bull Creek
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West Fork Campbell Creek
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08/03/92
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From source to Campbell Creek
West Fork French Broad River
6-2-(7.5)
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f
West Fork French Broad River
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....
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From source to Shut-in Creek
West Prong Glade Creek
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.... -_.
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Thursday, February 09, 2012 Based on Classifications as of 20120208 Page 105 of 110
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NCD NR
North Carolina Department of Environment and LIVED
Division of Water Quali y
Pat McCrory Charles Wakild, P. E. John Sh arla
Governor Director MAY 16 2013 SecrE tary
April 30, 2013 DwQ/Surface water Protection Section
Steve Eason, Owner Asheville Regional Office
Sunburst Trout Company
128 Raceway Place
Canton, North Carolina 28716
Subject: Review of Application for NPDES Permit and
Engineering Alternative Analysis (EAA)
Prospective NPDES Permit NCO089338
For Sunburst Trout Farm, Canton
Haywood County
Dear Mr. Eason:
In accordance with the Division of Water Quality policy, we hereby return the attached Engineering Alternative
Analysis received on March 10, 2013. After a preliminary review by the NPDES staff, the Division has
determined that the EAA package lacks the following:
Complete Evaluation of Discharge Alternatives. The Division requires applicants for new and
expanding discharge permits to fully document all alternatives to surface water discharge [15A
NCAC 2H.0105 (c)(2)]. Each discharge alternative should be thoroughly evaluated and each
conclusion should be substantiated by appropriate documents and itemized budgets. Please evaluate
the feasibility of alternatives: drip irrigation, spray irrigation, and wastewater reuse. Please
follow the EAA guidance (enclosed) and fulfill all listed requirements. The evaluation of these
alternatives should include the cost of acquiring 2.5 acres from adjacent properties.
Direct Discharge to Surface Waters. Please make sure that your evaluation of the direct
discharge alternative follows EAA Guidance recommendations: "All direct discharge systems of
oxygen -consuming wastes should be evaluated based on tertiary filtration [BOD5= 5 mg/L, NH3-N=
2mg/L, total residual chlorine = 17,ug/LJ, assuming a weekly sampling regime."
Please provide the detailed budget for ea
hc: ARO/SWPS, Attn: Chuck Cranford, Si
NPDES Program Files
ec: NPDES, Attn: John Hennessy; Sergei
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 one Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NOrthCarollna
Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 �%R'turR`l1/
Internet: www.ncwaterquality.org i//
An Equal Opportunity\AffiirmativeAction Employer
Engineering Alternatives Analysis (EAA) Guidance Document
North Carolina Division of Water Quality / NPDES Unit
NOTE: The N.C. Division of Water Quality (DWQ) will not accept an NPDES application for a new or
expanding wastewater treatment plant discharge unless all the required application requirements are
submitted. A complete NPDES application will include the following items:
NPDES Application Form (in triplicate)
Application Fee
Engineering Alternatives Analysis (in triplicate)
Local Government Review Form (non -municipals only)
Failure to submit all of the required information will result in return of the incomplete package. If you have
any questions about these requirements, contact the NPDES Unit staff at 919-807-6300. Application forms,
applicable fees, and guidance documents are available on the NPDES website at
http://portal.ncdenr.org/web/wa/swp/ps/nl2des. Completed applications should be mailed to:
NCDENR/DWQ/NPDES Unit,1617 Mail Service Center, Raleigh, NC 27699-1617.
Background
The NPDES permit program was enacted in 1972 as part of the Clean Water Act. The original goal of the program
was to eliminate all point source discharges to surface waters by 1985. Although this goal was not achieved, the
NPDES program continues to strive toward it. In that light, an Engineering Alternatives Analysis (EAA) is
required with any NPDES application for a new or expanding wastewater treatment plant discharge, in
accordance with 15A NCAC 2H.0105(c)(2). In order for an NPDES application to be approved, the EAA must
provide complete justification for a direct discharge to surface water alternative, and demonstrate that direct discharge
is the most environmentally sound alternative selected from all reasonably cost-effective options [per 15A NCAC
2H.0105(c)(2)].
The purpose of this EAA Guidance Document is to provide guidance to the regulated community for the evaluation of
wastewater disposal alternatives. The impetus behind this comprehensive guidance was based on the following: 1) a
majority of new NPDES applications were being returned as incomplete due to inadequate EAA submissions; and 2) a
few recent court cases resulted in unfavorable rulings for the NPDES discharger due in part to inadequate EAAs.
DWQ most frequently returns EAAs as incomplete due to inadequate flow justification, inadequate alternatives
evaluations, and/or lack of documentation/references used to design and cost alternatives.
Please note that this guidance document is designed primarily for domestic wastewater discharges. For other proposed
discharges such as water treatment plant discharges from ion exchange and reverse osmosis units, some alternative
disposal options may not be technologically feasible. Within this guidance document, we have attempted to point out
where such technological limitations may exist. You are urged to review NPDES permitting guidance documents on
the NPDES website, which discuss some of the limited disposal options for some discharges.
Please note that if a proposed municipal expansion is subject to SEPA Environmental Assessment
(EA)/Environmental Impact Statement (EIS) requirements, the EAA requirements should be incorporated into the
SEPA document. In addition, the NPDES Unit cannot accept an application for anew/expanding NPDES discharge
until departmental review of the SEPA document is complete and a Finding of No Significant Impact (FONSI) has
been submitted to the State Clearinghouse for circulation.
The following step-by-step outline should be used for the preparation of all EAA submissions. If an EAA submission
lacks any of these basic elements, the NPDES application will be returned as incomplete.
EAA Guidance Document Version: June 23, 2005
Page 1 of 8
All applicants.
If you conclude that the proposed discharge will pass the "allowable discharge" criteria, then begin the EAA
preparation by summarizing the following general information about the proposed project:
■ Provide a description of the proposed project. If the project will be constructed in phases, provide a
schedule for constructing each additional phase, and provide the projected flow per phase (see STEP 2).
■ Applicant name, mailing address, phone number, contact person
■ Facility name, address, county, phone number, contact person
■ EAA preparer's name, mailing address, phone number, contact person
STEP 2. Provide reasonable projections for population and flow
Residential Population Projections.
Facilities requesting an NPDES discharge permit for new or expanding domestic wastewater discharges must
document the population to be served within the service area over a 20-year planning period. The NC State
Demographics unit provides population data for each county and municipality and can be accessed on the Internet at
http://www.demog.state.nc.us. If 20-year population projections for specific areas are not available, a linear
extrapolation of population trends from the past decade should be used. Any deviation from a linear projection
method must be clearly justified. If population projections include future annexations, include a proposed annexation
schedule as well as any annexation requirements that must be met.
Municipal Flow Projections.
Justification of flow as well as a demonstration of need shall be provided. Mere speculation is not sufficient. Flow
projections should represent average anticipated flows, since permit flow limits are based on monthly averages.
Peaking factors used to design various components of the wastewater collection system (e.g., collector sewers,
interceptor sewers, pumping stations) should not be used in the justification of the average anticipated flow. For
municipal wastewater dischargers, flow must be justified using the Clean Water State Revolving Fund (CWSRF)
criteria available on the Internet at http://www.nccgl.net/fap/cwsrf/. Exceptions to these flow criteria may be
approved on a case -by -case basis provided adequate justification is supplied.
■ Current Flow- Provide current flows including residential, commercial, industrial, and non -excessive
infiltration/inflow (I/1) based on actual flow data or water billing records. Current residential flow and
current commercial flow may be based on water billing records minus a 10% consumptive loss. Current
industrial flow may be based on dual metering to determine consumptive losses. Current non -excessive
I/I should also be determined in accordance with CWSRF criteria. If I/I is demonstrated to be above
CWSRF criteria, that infrastructure contributing to excessive I&I must either be repaired or replaced
prior to any request for flow expansion.
■ Future Residential Flow- Provide 20-year residential flows based on projected residential growth.
Multiply the projected growth in residential population by 70 gallons per day per capita.
■ Future Commercial Flow- Provide 20-year commercial flows based on projected residential growth.
Multiply the projected growth in residential population by 15 gallons per day per capita.
■ Future Industrial Flow- Provide flow for future documented industrial flow. A nominal allowance for
future unplanned industrial expansions may be considered by the Division, provided the basis is clearly
justified and current land -use plans and local zoning allow for such industrial growth.
■ Future Non -excessive I/I- A nominal allowance for non -excessive I/I for new sewer lines may be
considered by the Division, provided the basis is clearly justified.
Non -Municipal Flow Projections.
Flow may be justified in accordance with 15A NCAC 2H .0219(1) for various activities (e.g., new subdivisions, new
schools, various commercial activities). For other proposed discharges (e.g., groundwater remediation, water
EAA Guidance Document Version: June 23, 2005
Page 3 of 8
in the past. If the municipality will not accept the wastestream, the connection alternative is also
considered technologically infeasible. Please note that in -situ and closed -loop groundwater remediation
wells are permittable well types and further guidance is available through the Aquifer Protection Section.
Aside from these exceptions, you should proceed with the alternatives evaluation in accordance with the following
requirements. If you have any questions about these requirements, contact the NPDES Unit staff.
Alternative A. Connection to an .Existing Wastewater Treatment System.
You must evaluate the feasibility of connecting to an existing wastewater treatment system served by a municipality or
other entity holding a valid NPDES or Non -Discharge Permit. All connection options should include an evaluation
of a gravity line and/or force main with pump station(s).
1. Existing Sewerage System:
(a) Identify whether there are existing sewer lines within a five -mile radius, or consider a greater radius if
cost effective for the project size.
(b) Provide apreliminary indication of flow acceptance from existing municipal or private WWFPs
under consideration for connection. If a municipal or private WWTP cannot accept the wastewater,
include a letter documenting such and consider this alternative -technologically infeasible.
(c) If an existing sewerage system will accept the wastewater, evaluate the piping/pumps/resources
necessary to connect to the existing wastewater treatment plant. Attach a topographic map or a site
drawing showing the physical route of this alternative. Conduct a Present Value Cost Analysis per
STEP 4.
2. Planned Sewerage Svstem: Determine if a regional sewerage system within a five mile radius is projected
to be available within the next five years to receive waste from the project site. If applicable, determine
availability date and flow acceptance projection from appropriate authority.
Alternative B. Land Application.
Land application disposal alternatives include individual/community onsite subsurface systems, drip irrigation, and
spray irrigation.
1. Provide an estimate of the best case hydraulic loading rate based on County Soil Surveys or from a soil
evaluation performed by a soil scientist. Include calculations showing the hydraulic loading rate
and the total area of land needed for the land disposal system, including buffers.
2. Assess the availability of land. If insufficient land is available onsite, assume that the necessary land can
be purchased and estimate the land purchase cost based on local real estate prices. Alternatively, provide
documentation to demonstrate that insufficient land is available for sale in the project area (include
letters from adjacent property owners indicating no interest in selling property).
3. Provide a description of the wastewater treatment system and the non -discharge application system.
Include a site plan showing the proposed layout, the application area, any existing structures, proposed
structures, and other uses within the site.
4. Explain the proposed reuse plan if reclaimed water will be used by a third party.
5. Conduct a Present Value Cost Analysis per STEP 4. For the reclaimed water system include the
potential revenue generated by selling the water.
6. Provide all calculations, documentation and maps as necessary to support assumptions and conclusions.
7. Note: The design of land application systems must meet the treatment and design requirements specified
in 15A NCAC 2H.0219 or 15A NCAC 18A.1900.
8. Note: Proposed discharges from groundwater remediation systems must evaluate the potential for an
infiltration gallery treatment alternative.
Alternative C. Wastewater Reuse.
You must evaluate reusing all or a portion of the wastewater generated. Some municipalities are currently reusing
wastewater within the confines of their WWTP property for irrigation, toilet flushing, backwashing, etc., while other
municipalities have established progressive reuse programs for residential irrigation. Reuse applications might include
golf course irrigation, crop irrigation (e.g., hardwood or pine plantation, grasses), athletic field irrigation, landscape
uses, and commercial/industrial uses. Some of these reuse applications will be evaluated under Alternative B, Land
EAA Guidance Document Version: June 23, 2005
Page 5 of 8
Recurring Costs
■ Operation and maintenance costs (with replacement costs)
■ Laboratory costs assuming a weekly monitoring regime for discharge systems and a monthly regime for
non -discharge systems
■ Operator and support staff costs
■ Residual disposal costs
■ Connection fees and subsequent user fees
■ Permit and compliance fees
■ Utility costs (power, water, etc.)
Lost Opportunity Costs
PVCA Calculation Method.
The following standard formula for computing the present value must be used in all cost estimates made under this.
evaluation:
Where:
PV = C + C
+ r)`
PV = Present value of costs.
Co = Costs incurred in the present year.
Ct = Costs incurred in time t.
t = Time period after the present year (The present year is t = 0)
n = Ending year of the life of the facility.
r = Current EPA discount rate. EPA adjusts this rate annually on October 1, and it can be accessed from
the Internet at http:/www.nccgl.net/fap/cwsrf/201gui.html.
If recurring costs are the same in years 1 through 20, then Ct=C and the formula reduces to:
° L r(1 + r)n J
As an example, assuming capital costs (Co) of $2 million, annual recurring costs (C) of $40,000, and a discount rate (r)
of 5.625%, the 20-year (n=20) present value of costs would equal:
PV= capital costs + recurring costs X
PV= $2,000,000 + $40,000 X
PV= $2,000,000 + $471,428
PV= $2,471,428
[(1+0.05625)20 —1] / [0.05625(1+0.05625)20]
[1.98/0.168]
PVCA Summary Table.
The EAA must include a Summary Cost Table, which summarizes present worth costs developed for all technologically
feasible wastewater alternatives. The summary should include a breakdown of capital costs and recurring costs. In
some situations, the Division may require the applicant to refine cost estimates for some alternatives, or possibly collect
actual soil data to better characterize the land application alternative. Ultimately, the final determination on cost
effectiveness is made by the Division with consideration of monetary costs as well as potential environmental impacts.
EAA Guidance Document Version: June 23, 2005
Page 7 of 8
NPDES PERMIT APPLICATION - SHORT FORM C-Seafood
This form should be completed by seafood processing facilities and mailed to:
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Website: [http://h2o.enr.state.nc.us/NPDES/]
NPDES Permit Number INCOO <7 5'�
1. Contact Information:
Facility Name
Owner Name
Street Address
City
State / Zip Code
Telephone Number
Fax Number
E-mail Address
Operator Name
Street Address
City
State / Zip Code
County
Telephone Number
Please print or type
Sunburst Trout Farms
Steve Eason
128 Raceway Place
Canton
NC 28'716
(828) 648-3010
(828) 648-9279
steve(&,sunbursttrout. com
Steve Eason
same as above
same as above
same as above
same as above
(same as above)
2. Location of facility producing discharge:
Check here if same as above
Facility Name (If different from above)
Street Address or State Road
City
State / Zip Code
County
3. Ownership Status:
Federal ❑ State ❑ Private
4. Standard Industrial Classification (SIC) code(s):
Canned/Cured Fish & Seafood (2091) ❑
Prepared Fresh or Frozen Fish & Seafood (2092)
Public ❑
5. Do you process seafood and/or pack seafood? (if you only pack seafood, you maybe eligible for
coverage under a general permit -please call the NPDES Unit at 919-807-6300):
Process ❑
Pack Only ❑
Process and Pack
Page 1 of 4 C-Seafood -04/05
NPDES PERMIT APPLICATION - SHORT FORM C-Seafood
6. Facility Operations and Associated Federal Regulations: (check all that apply)
Poduct' �.
§4UCFR 408
Sub art
p
Check
if A licable
PP.
Outfallt '
Number s 1
Breaded Shrimp Processing
M
Non -Breaded Shrimp Processing
L
Manually Processed Blue Crab
B
Mechanically Processed Blue Crab
C
Hand Shucked Clam Processing
W
Mechanically Shucked Clam Processing
X
Scallop Processing
AD
Fish Meal Processing
O
Manually Processed Bottom -Fish
U
Mechanically Processed Bottom -Fish
V
Hand -Shucked Oyster Processing
Z
Mechanically Shucked Oyster Processing
AA
Other (Specify) Rainbow Trout Processing
X
anticipate 1
Other (Specify)
7. Production Information:
Processed: Maximum Pounds 1500 (pounds)
in a Single Day
Processed: Average of Daily 800 (pounds per day)
Values in 30 Consecutive Days
If discharge occurs
all year, check here or list the month(s) in which discharge occurs:
Number of days per Comments: Process days are Mon, Tues, Thursday, Friday
week discharge occurs: 4
Processed: Maximum Pounds (pounds)
in a Single Da
Processed: Average of Daily (pounds per day)
Values in 30 Consecutive Days
If discharge occurs
all year, check here ❑ or list the month(s) in which discharge occurs:
Number of days per Comments:
week discharge occurs:
Type of Seafood] I Exception: for oysters acid scallops report product weight after processing.
Processed: Maximum Pounds (pounds)
in a Single Day
Processed: Average of Daily (pounds per day)
Values in 30 Consecutive Days
If discharge occurs
all year, check here ❑ or list the month(s) in which discharge occurs:
Number of days per Comments:
week discharge occurs:
To list additional outfalls, duplicate this page and correct outfall number(s).
NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes,
Page 2 of 4 C-Seafood -04/05
8.
NPDES PERMIT APPLICATION - SHORT FORM C-Seafood
include a schematic diagram of wastewater flow at the facility.
Types of wastewater discharged to surface waters only:
Type
Average Flow
GALLONS PER OPERATING MONTH
Sanitary Sewer - monthly average
Cooling Water - monthly average
Process Water - monthly average
40000
Packing Water - monthly average
Other - (Please Specify)
9. Number of employees: 15
10. Number of separate discharge points: we anticipate only one discharge point
11. Name of receiving stream(s) (Provide a map showing the exact location of each outfall)
West Fork of the Pigeon River
12. List all permits, construction approvals and/or applications (check all that apply and provide permit
numbers or check none if not applicable):
Type
❑ None
❑ UIC
® NPDES
❑ PSD
❑ NESHAPS
Permit Number
Cert. of Coverage
NCG530065
Type
❑
Non -Attainment
❑
Ocean Dumping
❑
Dredge/Fill Permits
❑
RCRA
❑
Other
Permit Number
13. Are any of the following substances added as a result of your operations, activities, or processes?
(Check all that apply):
Biocides for Algal Control ❑ Chlorine/Bleach ® Other (please specify below)
Sanitizers and soaps are used for cleaning purposes, all of which are FDA food safety approved
Page 3 of 4 C-Seafood -04105
NPDES PERMIT APPLICATION - SHORT FORM C-Seafood
14. Application Supplement - Conventional Pollutant Analyses [under §40CFR 122.21]. Show this list to
your North Carolina -certified laboratory.
Provide data for the parameters listed. Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be
used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum.
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BOD5)
891
856
mg/L
Chemical Oxygen Demand (COD)
2180
1583
mg/L
Total Organic Carbon
309
200
mg/L
Total Suspended Solids
246
195
mg/L
Ammonia as N
1.1
0.91
mg/L
Temperature (Summer)
not taken
not taken
Temperature (Winter)
57
56
deg F
pH
6.4
6.6
standard units
15. Is this facility located on Native American lands? (check one)
YES
16. Treatment Components - Provide a narrative description of installed wastewater treatment
components at the facility. Include sizes & capacities for each component.
The proposed system will replace an exissting failed ground apsorption septic system that has
historically served the facility. Upon reciept of the discharge limits from NCDWQ, the proposed
treatment system will be designed to support the same.
19. Certification
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.
Steve Eason Owner
Printed name of Person Signing Title
Signature of Applicant r Authorized Agent Date
North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false
statement representation, or certification in any application, record, report, plan, or other document files 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 $25,000, 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 $25,000 or imprisonment not more than 5 years, or both,
for a similar offense.)
Page 4 of 4 C-Seafood -04/05
ANALYSIS
FOR
SUNBURST TROUT FARM
128 RACEWAY PLACE
CANTON, NC 28716
PREPARED BY:
200 Swannanoa River Road 1210 S. Main Street
Asheville, NC 28805 Waynesville, NC 28786
Phone:828-252-5388 Phone: 828-452-441
Fax: 828-252-5365 Fax: 828-456-545 ll ilag
,
www.eivildesigneoncepts.com �.
NCBELS Firm # C-2184
MAR 6 2013 I
No. 21305
IUARY 25, 2013
Sunburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 2 of 9
Introduction
Sunburst Trout Company, located in Haywood County, NC, was founded in 1948 and is in the
business of raising, processing and distributing rainbow trout to customers throughout the
Country. Historically, the facility has been served by an on -site sanitary sewer treatment system
that has succumb to some issues that are beyond repair. The fish processing and production is
done on Monday, Tuesday, Thursday and Friday of each week. The average daily wastewater
flow (process and domestic) on those days is approximately 2,200 gallons per day based on recent
water use monitoring performed by the Owner. This includes both domestic and process
wastewater. On non -process days (Wednesday, Saturday and Sunday) the flows primarily consist
of domestic and kitchen flows, and while not recently monitored, are anticipated to be 500 — 600
gallons per day or less based on the number of employees (15+1-) and some amount of kitchen
usage. While it is acknowledged that on -site subsurface disposal (Alternative B) appears to be the
most technologically and economically desirable alternative, it should also be noted that the
specific costs associated with the acquisition of suitable land and also the lands ability to
assimilate the wastewater are assumed at this time and additional information with regard to these
two items is warranted in order to arrive at the same conclusion with absolute certainty. In the
event that suitable land, within close proximity to the site could not be obtained, then a discharge
to surface -waters appears to be the next reasonable alternative assuming all other assumptions hold
true.
Stye a 1
Zero Flow Stream Restrictions: Based on information as provided by the USGS (Mr. J. Curtis
Weaver) it is not anticipated that the proposed point of discharge will be at a point on the West
Fork of the Pigeon River that is subject to a zero flow.
Receiving Stream Classifications: The West Fork of the Pigeon River is classified as WS-III; Tr.
Basinwide Water Quali Plans: The subject site is located and contained within the area covered
by the French Broad River Basinwide Water Quality Plan.
Impaired Waters and TMDL's : The 2012 North Carolina Integrated Report lists the West Fork of
the Pigeon River (from source to backwaters of Lake Logan) as supporting aquatic life with
excellent bioclassification. The subject discharge point is located at the just downstream of the
Lake Logan dam.
Presence of Endangered Species: It is stated in the Basinwide Water Quality Plan noted above in
the Pigeon River Subbasin Overview that the West Fork — Pigeon River and the Pigeon River are
one of the few remaining areas to support the Appalachian Elktoe Mussel which is federally
endangered.
Sunburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 3 of 9
Step 2 — Projected Flows
The projected flows for the facility are non -domestic flow and are not influenced by population.
The flows are tied to the overall capacity of the company's market share and live fish production
capability of the trout farm. The fish processing and production is normally done at Sunburst
Trout Company on Monday, Tuesday, Thursday and Friday of each week. The average daily
wastewater flow (process and domestic) on those days is approximately 2,200 gallons per day
based on recent water use monitoring performed by the Owner. This includes both domestic and
process wastewater. On non -process days (Wednesday, Saturday and Sunday) the flows primarily
consist of domestic and kitchen flows, and while not recently monitored, are anticipated to be 500
— 600 gallons per day or less based on the number of employees (15+/-) and some amount of
kitchen usage. For the purposes of this analysis, we have projected a future flow of 3,000 gallons
per day or an increase of approximately 36% from the current base flow. We would anticipate
that if flows ever exceeded the 3,000 gallon per day threshold that additional tankage could be
added to provide flow equalization to buffer the discharge given that the facility only generates the
process flows on four out of seven days a week.
Step 3 — Evaluate technologically feasible alternatives
• Connection to an existing wastewater treatment plant — Alternative A
The Sunburst Trout Farm in Haywood County, NC is located approximately 9 miles from
the closest Municipal Wastewater Collection System (Town of Canton) which is tributary
to an existing wastewater treatment facility owned by Evergreen Packaging (formerly
Blue Ridge Paper Products and also formerly Champion Paper)
Given the vast distance from the existing connection point, neither a gravity system or a
pump station and force main system are given regard as feasible alternatives for this
project. In addition to the capital costs associated with either of these alternatives, it is
anticipated that a number of private easements would have to be secured in order to
successfully construct either a gravity collection line or a force main route.
For general context a preliminary opinion of cost is noted below for each:
Gravity Sewer Collection Line
47,000 LF x $60 / LF = $2,820,000
Rock Excavation (10% of 5' deep, 3' wide trench) 2,611 CY @ $120 / CY $ 313,320
Manholes — 235 structures @ $2,500 /each $ 587,500
Right of Way Acquisition (1/2 length x 20' width) 11 acres @ $10,000 / ac $ 110,000
Construction Subtotal $3,830,820
Sunburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 4 of 9
Engineering / Legal (15% of Construction Subtotal) $ 574,623
Total Project Estimate
Pump Station and Force Main
4" Force Main — 47,000 LF x $30 / LF
$4,405,443
$1,410,000
Rock Excavation (10% of 3.5' deep, 3' wide trench) 1,827 CY @ $120 / CY $ 219,240
Pump Station Wet Well / Pumps / Electrical $ 175,000
Right of Way Acquisition (1/3 length x 10' width) 3.6 acres @ $10,000 / ac $ 36,000
Construction Subtotal $1,840,240
Engineering / Legal (15% of Construction Subtotal) $ 276,036
Total Project Estimate $2,116,276
• Land Application Alternatives — Alternative B
Onsite Subsurface System
While sufficient land area is not available on the subject property for the installation of an
on -site sewer subsurface, drip irrigation or spray irrigation system, the evaluation below
assumes that suitable land could be identified and purchased nearby for the purposes of
situating a subsurface system with a proposed drainfield and repair area. Based on
reasonable estimates for soils within the area, a Long Term Application Rate of 0.35 gal
per day / square foot is assumed. Using the proposed design flow of 3,000 gallons per
day, this would require approximately 8,571 square feet of application area. Assuming a
three foot wide trench that would equate to 2,857 LF of conventional trench in the
drainfield. Using a nine foot center to center trench spacing, that would require a land area
of approximately 0.6 acres for the primary drainfield. Once setbacks, landscape
irregularity and other site specific features are included, it would be sound to plan around
1.25 acres to be identified for the primary drainfield. This area should be doubled to allow
sufficient space for a repair area drainfield for a total of 2.5 acres of land area required.
Land Area — 2.5 acres @ $25,000 / Acre $ 62,500
Sunburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 5 of 9
Conventional sewer trench — 2875 LF x $25/LF =
Septic Tanks /Treatment Units / Pumps
Electrical
Soils Investigation
Forcemain Line 1,500 LF @ $20 / LF
Engineering
Legal
Total Project Estimate
• Water Reuse — Alternative C
$ 71,875
$ 125,000
$ 15,000
$ 18,000
$ 30,000
$ 25,000
$ 10,000
$ 357,375
Based on the rural nature of the area surrounding the subject site and the low density of
development, the opportunity for water reuse is very limited. Irrigation of any kind is not
common as the surrounding area is traditionally rich with rainfall. In addition, there are no
athletic fields or golf courses nearby that would benefit from use of the reclaimed
wastewater. Based on the absence of viable reuse opportunity, the water reuse alternative
is viewed as not feasible.
• Direct Discharge to Surface Waters — Alternative D
Treatment Plant (Septic Tank / Advantex Pods / Denitrification / Polishin
6" Gravity Line - 500 LF x $30 / LF = $ 15,000
Grease Trap—10,000 gallon $ 30,000
Septic Tank-10,000 gallon $ 30,000
Recirculation Tank / Pumps / Controls $ 52,000
Denitrification Tank / Media—10,000 gallon $ 40,000
Sunburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 6 of 9
Packed Bed Treatment Pods (3 Total)
Polishing Tank / Pumps / Controls
Chemical Feed day tank / pumps
Electrical — Lump Sum
Discharge Line — 500 LF x $30 / LF =
Sitework / Grading / Erosion Control
Construction Subtotal
Engineering / Legal (15% of Construction Subtotal)
Total Project Estimate
Present Value of Costs Analysis
Discount Rate = 4.875%, Term = 20 years
Gravity Sewer Collection Line
Co = Total Project Estimate $4,405,443
$ 80,000
$ 48,000
$ 17,000
$ 22,000
$ 15,000
$ 25,000
$ 374,000
$ 56,100
$ 430,100
Ct = Operation and Maintenance Costs
WWTP Sewer Acceptance Charges $3.50 / 1000 gallons x 2000 gal/day (avg) = $7.00 / day or
$2,555.00 / year (annual cost)
Repair and Maintenance — Assumed this would be owned by the municipality at no cost to
developer, therefore this cost would be zero.
PV = $4,405,443 + $2,555 (12.595) (as a factor of discount rate and years)
Gravity Sewer PV = $4,437,623
Sunburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 7 of 9
Pump Station and Force Main
Co = Total Project Estimate $2,116,276
Ct = Operation and Maintenance Costs
WWTP Sewer Acceptance Charges $3.50 / 1000 gallons x 2000 gal/day (avg) = $7.00 / day or
$2,555.00 / year (annual cost)
Annual Electrical Charges $2,400 / year
Line Repair / Pump Maintenance $9,000 / year
PV = $2,116,276 + $13,955 (12.595) (as a factor of discount rate and years)
Pump Station and Force Main PV = $2,292,039
Land Application Alternative — On -Site Subsurface System
Co = Total Project Estimate
Ct = Operation and Maintenance Costs
Operation and Testing Services
Electrical Costs
Repair and Maintenance
$357,375
$ 700 (monthly) = $ 8,400 / annually
$ 900 (monthly) = $10,800 / annually
$ 300 (monthly) = $ 3,600 / annually
PV = $ 357,375 + $22,800 (12.595) (as a factor of discount rate and years)
On -Site Subsurface System PV = $ 644,541
Sunburst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 8 of 9
Discharge to Surface Waters Alternative
Co = Total Project Estimate
Ct = Operation and Maintenance Costs
Operation and Testing Services
Electrical Costs
Chemicals for Treatment
Repair and Maintenance
$430,100
$ 1,600 (monthly) _ $19,200 / annually
$ 1,300 (monthly) _ $15,600 / annually
$ 250 (monthly) _ $ 3,000 / annually
$ 400 (monthly) _ $ 4,800 / annually
PV = $ 430,100 + $42,600 (12.595) (as a factor of discount rate and years)
Discharge to Surface Waters PV = $ 966,647
Sunbbrst Trout Farm
Wastewater Treatment Alternatives Analysis
Page 9 of 9
Attachments
• Haywood County GIS — Aerial Map of Subject Property
• Local Government Review Form
• NCDWQ — Stream Classification for West Fork Pigeon River
• 2012 North Carolina Integrated Report for West Fork Pigeon River (Just upstream of the
subject property)
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Attachment A. Local Government Review Form
General Statute Overview: North Carolina General Statute 143-215.1 (c)(6) allows input from local governments in the issuance
of NPDES Permits for non -municipal domestic wastewater treatment facilities. Specifically, the Environmental Management
Commission (F-MC) may not act on an application for a new non -municipal domestic wastewater discharge facility until it has
received a written statement from each city and county government having jurisdiction over any part of the lands on which the
proposed facility and its appurtenances are to be located. The written statement shall document whether the city or county has a
zoning or subdivision ordinance in effect and (if such an ordinance is in effect) whether the proposed facility is consistent with the
ordinance. The EIMC shall not approve a permit application for any facility which a city or county has determined to be
inconsistent with zoning or subdivision ordinances unless the approval of such application is determined to have statewide
significance and is in the best interest of the State.
Instructions to the Applicant: Prior to submitting an application for a NPDES Permit for a proposed facility, the applicant
shall request that both the nearby city and county government complete this form. The applicant must:
■ Submit a copy of the permit application (with a written request for this form to be completed) to the clerk of the city and
the county by certified mail, return receipt requested.
■ If either (or both) local govemment(s) ftil(s)_ to mail the completed form, as evidenced by the postmark on the certified
mail card(s), within 15 days after receiving and signing for the certified mail, the applicant may submit the application to
the NPDES Unit.
• As evidence to the Commission that the local government(s) failed to respond within 15 days, the applicant shall submit a
copy of the certified mail card along with a notarized letter stating that the local government(s) failed to respond within the
15-day period.
Instructions to the Local Government: 'ihe nearby city and/or county government which may have or has jurisdiction over
any part of the land on which the proposed facility or its appurtenances are to be located is required to complete and return this
form to the applicant within 15 days of receipt. The form must be signed and notarized.
Name of local government Haywood County Government
(City/County)
Does the city/county have jurisdiction over any part of the land on which the proposed facility and its appurtenances are to be
located? Yes [ x ] No [ ] If no, please sign this form, have it notarized, and return it to the applicant.
Does the city/count} have in effect a zoning or subdivision ordinance? Yes [ x ] No [ ]
If there is a zoning or subdivision ordinance in effect, is the plan for the proposed facility consistent with the ordinance? Yes [ x ]
No [ ]
Date Februany 19, 2013 Signature s----�
t ' ,6iasa�
i4 a la ,County of ('s UJC7
State of_- 4d'`] a<
On this 1 q�-�'• day of r;ArL) '-'A 13, personally appeared before me, tlae said„
name (YIto me known and known to me to be the per`sodescriliedin
and who executed the4foregoing docu ent and he (or she) acknowledged that he (or she) executed the same and b6M dVly sworn
by me, made oath that the statements in the foregoing document are true. ,,,,�� �'j
My Commission expires °1 r �` ®` .(Signature of Notary Public) disc 4 J
C)N
otary ublie (Official Seal)
EAA Guidance Document Version: June 23, 2005
Page 1 of 8
Webb Creek 6-57-13-3 C;Tr 04/01/96
........ _.___.......... .... __......... _._.......... ...... _........... _.... .... ----..--.--.._._...__.._..._..._..___._.-__-.---._..._.._____...._.-.._._._..----__...._.._..._._-._--.... ......... ....
_..._...____.__.... _...._......_......_.._.._._.._____.._..._.._._._..._.._.....__.....:
'From source to Gap Creek
1 C............. .........._._._...._.... _.._._............. ............................
Wesley Creek
5-32-6
C
09/01/74
__........_..._..._.............._..__.......__..._....._....._..____..__._....._._---....._.__.._------- -__....-._.__...-----._.._.._....._---
(From source to Fines Creek
. _......... ....... __..... ......_.__._._.......... _.._._.__..... _ ..._— ..............
_..._._._._......._....__......______...___..__....__..-.-.---....._._.
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- -- ----- ............ _._..__.... _.._._.._.._.._
........ _......... __............... ...---......... _....
Wesley Creek (Bent Creek Ranch Lake)
6-67-10
B
08/01/02
.... ................ .._......._.....:............._.._....... ....... ........__....... _........ .....__................. -........ _.....__.._..._...._....._.................. .._....... .__.._......................_...
;From source to Bent Creek
—.._...._._.._... - ._._...._._..._-----...... -----..._.......... - --_.._._.__.._..._.._..__.._..__._..._..._......_......
..... ._.... _......... _....... _... _..................._.....................
----.....---- ...--.._
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....... —_._....__..._..._._..J I.._._.._..._........._..---._......_._.._....,.__..._.._......_...
-._...._.......i
West Branch
6-106-6
C
07/01/73
....._._.__............_.._._..._.............. ..._..._...._._..........._._....... ........_._..__..._....._._.._.......... _..._.__.._._._.__..._....... ........._.._........_.._....
:From source to Walnut Creek
---..__....._..__.._.._.._._.._.__....._.._....__..__._..._ _.__.....
_.._._-.._..._._...__..__......._..............._............_.__
_............. _............... --...-..__......... _..---
------- _............. _..... ... -............. 1 (...._._.__.._.............._
_..__...._._..................._..._...__.._....._.....:
._._........_...._ _........
West Cove Branch
5-8-2
C
09/01/74
_....._............_..__._..._......_.._..._..._.._...._......_...._.._..._.......:.---..._..__......_.............._....... ...... ..... ...............
;From source to Beaverdam Creek
....... ...... _................... ._............ _...... _...... _.._..... __.....
........ _........ _.___................ _....... __..
_.................__._........_....._.
West Fork Bull Creek
6-96-16-2
C
07/01/73
... ...... ......... _.................. _........ _.......... ----._.......... _.... _..... __................ _... _....... __.-.-.............. -... -----........................ ----
:From source to Bull Creek ......
. .
_........................................._.....__.............._................._.._...._.............---....._..._...._....-----._._...__.._.................._ ._._._.._.
.... _......... ................. _.... __.... _.._...... _... _................
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_...__...._..........._............
_... --.................................. ......._. ----:-......_.._._.._....._..._
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. _............_..................,
i
_...._............._.......................... .................................
West Fork Campbell Creek
5-26-8-2
WS-III;Tr
08/03/92
....... ....... _....... -....._.................. _........ _... _ ............ __..........
;From source to Campbell Creek
.........................................._......................................_......................_...._......................................_....._....-..__.................._._.................._...._................__.
.._..--------- ---........__....._._....__........._..__._.........._._._....
............. __._....... _.... .......... ..._..._......_.......__.......:.........._...._...........................,
........................._._......... I........................................_..........................................................................
West Fork French Broad River
6-2-(7.5)
B;Tr,HQW
08/01/02
._.._.__....... _.__._.......__._._.__.._....__...._...._.__..--.----..__- ... _._........ ___..__-._.....---.----._.._
:From Transylvania County SR 1312 to French Broad River
.............. -_.._.__..._.__........ _..___..._-.--..---..---.._.._
........... 1
I
West Fork French Broad River
6-2-(0.5)
B;Tr
08/01/02
------._..._._.._.._.._....-- ._._... --._...._.__.._..--..... _..---........... - ................ .... _._...:.---
,From source to Transylvania County SR 1312
--._......---..._._......_......_._._._..._._..
- -- . .......... _._.__..__._
................... _.... _..__..._....----- -._........ __...
West Fork Little Creek
6-118-19-4-1
C;ORW
09/01/09
:............................._.........._......_......._._......_....-... ...._............................. _._. _._.
:From source to Little Creek
West Fork Pigeon River (Lake Logan)
5-2
WS-III;Tr
08/03/92
.................... ........... ........ ..._................__........_...._... ..... .......................... .... .._....._..................... .... ........._................. ...... .:....... .... ............._.
:From source to Pigeon River
....... _._._......................................_....._....--.._..........._...._.._._....._...__...... _....... --............ _.... ..... ----.................. -......
..................... ..... ..................._............. ...... ...... ..... ..........._..........
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-...... ........... ......... _.._.......... _._............._
ll
....... ---- ............. __... _.._J L._...... _..._._..._._.......:_.._..............._..._............_...........__.
.... _.__
West Fork Shut-in Creek
6-125-1
C
04/01/58
:From source to Shut-in Creek
West Prong Glade Creek
6-36-3
C
07/01/73
. . ................. __._..__._....... __..... ........... ........... _.._........ _._............................. ............ _........ ...
:From source to Glade Creek
_._._................ _............ ............ _.._._.............. _........ _..... _._............
.............. _......... _....... .............. .........__..............
.......... ........ ..._......... ...... ................_.... .......... .:
West Prong Glady Fork
6-6-7-2
C;Tr
07/01/73
:.............................................._.... .... .._._......._...._.._._...._._.._.._.._.._....................... .._._...._..........._:_......_..............-....._...._._.._........_....._.......--
:From source to Glady Fork
........................................_..__...__..._.._..._...._...._...__..._..._.__..._.._...._._..----........... __........ _.._....... _......... _._..
----.._........__..__... - .......----.._.__...-..
-... _.............. _...... _...... _....... _... ---._.._._._...-
--...._...._..__.._......._.._..._._._......._..._...._........_......._.........._._........._,
-..---._._._._...-- .l [__._..--._....._.._
._ ._. _.........._._..... _. _._..._._;
West Prong Hickory Fork
6-112-26-7-1
C;Tr,ORW
09/01/09
.............. ..... ........ ........................................... ...... ................_........._.............. _........__........... __...................................... _.............. _..._........._..._.._............_...._........__.
!From source to Hickory Fork
............................................ ..... _.... _............... _..................... ................. ................................ ..... _............ __........ ...... ............ __... ..........
........ __........_._.._.........._......_..........................
---............ ._.................. ........... .._....._... ....... _._..... _......................................
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_
West Ridge Branch
6-54-3-7
WS-II;Tr,ORW
08/03/92
;From source to South Fork Mills River
Thursday, February 09, 2012 Based on Classifications as of 20120208
Page 105 of 110
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
January 11, 2007
Richard G. Jennings
Sunburst Trout Company L L C
128 Raceway PI
Canton, NC 28716
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: Renewal Notice / General Permit NCG530000
Certificate of Coverage NCG530065
'Haywood County
Dear Permittee:
You are receiving this notice because you currently operate a fish farm or fish packing / rinsing facility
covered under the subject General Permit. NCG530000 will expire on July 31, 2007. Federal (40 CFR 122.41)
and North Carolina (15A NCAC 2H.0105(e)) regulations require that permit renewal applications be filed at
least 180 days prior to expiration of the current permit. To satisfy this requirement, the Division must receive
a renewal request postmarked no later than February 1, 2007.
The Certificate of Coverage (CoC) specific to your property was last issued on August 1, 2002. The
Division needs information from you to determine if coverage under NCG550000 is still necessary.
➢ If your property still has a wastewater system like the ones described in the enclosed Technical
Bulletin, you must renew the subject CoC.
➢ If you are not sure what type of system your property has, contact Larry Frost in the NC DENR
Asheville Regional Office at (828) 296-4500. That person [or other staff members] can help you
determine if you should renew your CoC.
➢ If you know that your facility no longer discharges to a waterbody, contact me at the address or
phone number listed below to request rescission of the CoC.
The attached application form shows the information the Division has on file for your property. Please
verify that the provided information is correct, or make corrections on the form. Complete the additional
questions, then sign and date the form. The completed form should be submitted to the address listed below
the signature block.
If you have any questions concerning this matter, please contact me at the telephone number or e-mail
address listed below. (If it is difficult to reach me, please be aware that your facility is one of over 1400 that I
am contacting regarding the renewal of several General Permits.) Thanks f6i,your<;attent-ion. o,.this.matter. .v.
cc: Central Files
Asheville Regional Office / Larry Frost
NPDES file
Sincerely,
I/t4411) i
�
Charles H. Weaver, Jr.
NPDES Unit
- - -
I Et= V i k---,
i li i
3 iI
�.i. JAN 1 i 2007
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
512 North Salisbury Street, Raleigh, North Carolina 27604 NOi't}1C�Y'OIlI1a
Phone: 919 733-5083, extension 511 /FAX 919 733-0719 / charles.weaver@ncmail.net Nationa,��
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Richard G.Jennings
Sunburst Trout Company, L.L.C.
128 Raceway Place
Canton, NC 28716
Dear Permittee:
LT.9;4A,
0
Subject: Certificate of Coverage No. NCG530065
Renewal of General Permit
Sunburst Trout Company, L.L.C.
Haywood County
In accordance with your application for renewal of the subject Certificate of Coverage, the Division is forwarding
the enclosed General Permit. This renewal is valid from the effective date on the permit until July 31, 2002. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of
Agreement between North Carolina and the U.S. Environmental Protection Agency dated December 6,1983. If any
parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have
the right to request an individual permit by submitting an individual permit application. Unless such demand is
made, this certificate of coverage shall be final and binding.
The Certificate of Coverage for your facility is not transferable except after notice to the Division. Use the enclosed
Permit Name/Ownership Change form to notify the Division if you sell or otherwise transfer ownership of the
subject facility. The Division may require modification or revocation and reissuance of the Certificate of Coverage.
If your facility ceases discharge of wastewater before the expiration date of this permit, contact the Regional
Office listed below at (704) 251-6208. Once discharge from your facility has ceased, this permit may be rescinded.
This permit does not affect the legal requirements to obtain other permits which may be required by the Division of
Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal or Local
governmental permit that may be required.
If you have any questions concerning this permit, please contact the NPDES Group at the address below.
cc: Central Files
Asheville Regional Office
NPDES File
Facility Assessment Unit
Sincerely,
fvll� A. Preston Howard, Jr., P.E.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 (919) 733-5083 FAX (919) 733-0719 p&e@dem.ehnr.state.nc.us
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG530000
CERTIFICATE OF COVERAGE NO. NCG530065
TO DISCHARGE WASTEWATER FROM FISH FARMS, SEAFOOD PACKING &
RINSING AND SIMILAR WASTEWATERS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Sunburst Trout Company, L.L.C.
is hereby authorized to operate a facility which discharges wastewater from a fish farm or
from seafood packing & rinsing operations and similar wastewaters from a facility
located at
128 Raceway Place
Canton _
Haywood County
to receiving waters designated as subbasin 40305 in the French Broad River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth
in Parts I, II, 11I and IV of General Permit No. NCG530000 as attached.
This certificate of coverage shall become effective August 1, 1997.
This certificate of coverage shall remain in effect for the duration of the General Permit.
Signed this day July 23,1997.
/A. Preston Howard ''Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
A,11A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Coleen H. Sullins, Director
July 30, 2007
Steve Eason
Sunburst Trout Company L L C
128 Raceway Place
Canton, NC 28716
Subject: Renewal of coverage / General Permit NCG530000
Sunburst Trout Company
Certificate of Coverage NCG530065
Haywood County
Dear Permittee:
In accordance with your renewal application [received on January 22, 20071, the Division is renewing
Certificate of Coverage (CoC) NCG530065 to discharge under NCG530000. This CoC is issued pursuant to the
requirements of North Carolina General Statue 143-215.1 and the Memorandum of Agreement between North
Carolina and the US Environmental Protection agency dated May9, 1994 [or as subsequently amended].
If any parts, measurement frequencies or sampling requirements contained in this General Permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made, the certificate of coverage shall be final and binding.
Please take notice that this Certificate of Coverage is not transferable except after notice to the
Division. The Division may require modification or revocation and reissuance of the certificate of coverage.
Contact the Asheville Regional Office prior to any sale or transfer of the permitted facility.
Regional Office staff will assist you in documenting the transfer of this CoC.
This permit does not affect the legal requirements to obtain other permits which may be required by
the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area
Management Act or any other Federal or Local governmental permit that may be required.
If you have any questions concerning the requirements of the General Permit, please contact Joe
Corporon [919 733-5083, extension 597 or joe.corporon@ncmail.net].
cc: Central Files
Asheville Regional Office / Surface Water Protection
NPDES file
Sincerely,
x '
for Coleen H. Sullins
Ell
J U L 3 1 2007
I
WATT � 1 C UALITY SECTION �I
AS''HEVILLE REGIONAL OFFICE
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: 919 733-5083 / FAX 919 733-0719 / Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
ne.
NofthCarolina
Natzmally
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NCG530000
CERTIFICATE OF COVERAGE NCG530065
DISCHARGE SEAFOOD PACKING & RINSING, FISH FARM AND SIMILAR WASTEWATERS
UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and
the Federal Water Pollution Control Act, as amended,
Steve Eason
Sunburst Trout Company L L C
is hereby authorized to discharge trout farm wastewater from a facility located at
Sunburst Trout Company
128 Raceway PI
Haywood County
to receiving waters designated as the West Fork Pigeon River (Lake Logan) in subbasin 04-
03-05 of the French Broad River Basin in accordance with the effluent limitations,
monitoring requirements, and other conditions set forth in Parts I; II, III and IV hereof.
This certificate of coverage shall become effective August 1, 2007.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day July 30, 2007.
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, P.E., Director
RICHARD G JENNINGS
SUNBURST TROUT COMPANY L L C
128 RACEWAY PL
CANTON, NC 28716
Dear Permittee:
1••
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURALRESOURCES
July 26, 2002 ,
Subject: Reissue - NPDES Wastewater Discharge Permit
Sunburst Trout Company L L C
COC Number NCG530065
Haywood County
In response to your renewal application for continued coverage under general permit NCG530000, the Division of
Water Quality (DWQ) is forwarding herewith the reissued wastewater general permit Certificate of Coverage
(COC). This COC is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency,
dated May 9, 1994 (or as subsquently amended).
The following information is included with your permit package:
* A copy of the Certificate of Coverage for your treatment facility
* A copy of General Wastewater Discharge Permit NCG530000
* A copy of a Technical Bulletin for General Wastewater Discharge Permit NCG530000
Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require
modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal
requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility
for compliance with any other applicable federal, state, or local law rule, standard, ordinance, order, judgment, or
decree.
If you have any questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater
and General Permits Unit at (919) 733-5083, ext. 578
Sincerely,
for Alan W. Klimek, P.E.
cc: Central Files
Stormwater & General Permits Unit Files
Asheville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Pace Analytical Services, `'Inc.
2225 Riverside Drive
Asheville, NC 28804
Phone: 828.254.7176
Fax: 828.252.4618
February 20, 2003
RE: Lab Project Number: 9336816
Client Project ID: SETTLEABLE SOLID ANALYSIS
Dear Mr. Eason:
Enclosed are the analytical results for sample(s) received by the laboratory February 18, 2003through February 19,
2003 Results reported herein conform to the most current NELAC standards, where applicable, unless otherwise narrated
in the body of the report.
If you have any questions concerning this report, please feel free to contact me.
Sincerely,
r
Patricia Bishop
patricia.bishop@pacelabs.com
Project Manager
Enclosures
N
id
FEB 252U
Laboratory Certification IDs REPORT OF LABORATORY ANALYSIS Laboratory Certification IDs
NC Wastewater 40 TN Drinking Water 02980
NC DrinkingWater 37712 This report shall not be reproduced, except in full,
SC Environmental 99030
FL NELAP E87648 without the written consent of Pace Analytical Services, Inc.
� \N ACCORo9
/ I IPace Analytical Services, Inc.
ce Analytical 2225 Riverside Drive
Asheville, NC 28804
Phone: 828.254.7176
www. pacelabs, com Fax 828.252.4618
Lab Project Number: 9336816
Client Project ID: SETTLEABLE SOLID ANALYSIS
Lab Sample No: 931482665 Project Sample Number: 9336816-001 Date Collected: 02/18/03 10:00
Client Sample ID: BALSAM GROVE Matrix: Water Date Received: 02/18/03 12:52
Parameters Results Units Report Limit Analyzed By CAS No. Qual RegLmt
Wet Chemistry
Total Settleable Solids Method: EPA 160.5
Total Settleable Solids! NO ml/l/hr 0.10 02/19/03 WCB
Date: 02/20/03 Page: 1 of 4
Laboratory Certification IN REPORT OF LABORATORY ANALYSIS Laboratory Certification IN
NC Wastewater 40 TN Drinking Water 02980
NC Drinking Water 37712 This report shall not be reproduced, except in full, SC Environmental 99030
FL NELAP E87648 without the written consent of Pace Analytical Services, Inc.
\N ACCp
e° pO9y
°ne
/ Pace Analytical Services, Inc.
2225 Riverside Drive
ce Analytical Asheville, NC 28804
www pacelabs.cem,
Phone: 828.254.7176 Lab Project Number: 9336816 Fax 828.252.4618
Lab Sample No: 931484547
Client Sample ID: LAKE LOGAN
Parameters
Wet Chemistry
Total Settleable Solids.
Total Settleable Solids
Date: 02/20/03
Client Project ID: SETTLEABLE SOLID ANALYSIS
Project Sample Number: 9336816-002 Date Collected: 02/19/03 00:00
Matrix: Water Date Received: 02/19/03 16:20
Results Units Report Limit Analyzed By CAS No. Qual RegLmt
Method: EPA 160.5
NO ml/l/hr 0.10 02/20/03 WCB
Page: 2 of 4
Laboratory Certification IN REPORT OF LABORATORY ANALYSIS Laboratory Certification IN
NC Wastewater 40 TN Drinking Water 02980
NC Drinking Water 37712 This report shall not be reproduced, except in full, SC Environmental 99030
FL NELAP E87648 without the written consent of Pace Analytical Services, Inc.
SQ `7 pqc
ceAnalytical °
www.pacelahs.com
Lab Sample No: 931484554
Client Sample ID: RIVERSIDE BAPTI
Parameters
Wet Chemistry
Total Settleable Solids
...............
Total Settleable Solids.
Date: 02/20/03
Laboratory Certification IDs
NC Wastewater 40
NC Drinking Water 37712
FL NELAP E87648
Pace Analytical Services, Inc.
2225 Riverside Drive
Asheville, NC 28804
Phone: 828,254.7176
Lab Project Number: 9336816 Fax: 828.252.4618
Client Project ID: SETTLEABLE SOLID ANALYSIS
Project Sample Number: 9336816-003 Date Collected: 02/19/03 00:00
Matrix: Water Date Received: 02/19/03 16:20
Units Report Limit Analyzed By CAS No. Qual RegLmt
Method: EPA 160.5
NO ml/l/hr 0.10 02/20/03 WCB
Page: 3 of 4
REPORT OF LABORATORY ANALYSIS Laboratory Certification IDs
This report shall not be reproduced, except in full, TN Drinking Water 02980SC Environmental 99030
without the written consent of Pace Analytical Services, Inc.
\N AC�pR
Oi �F
ce Analytical
www.pacelabs.com
PARAMETER FOOTNOTES
Pace Analytical Services, Inc.
2225 Riverside Drive
Asheville, NC 28804
Phone: 828,254.7176
Lab Project Number: 9336816 Fax: 828.252.4618
Client Project ID: SETTLEABLE SOLID ANALYSIS
NO Not detected at or above 'adjusted reporting limit
NC Not Calculable
J Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit
MDL Adjusted Method Detection Limit
Date: 02/20/03 Page: 4 of 4
Laboratory Certification IDs REPORT OF LABORATORY ANALYSIS Laboratory Certification IDs
NC Wastewater 40 TN Drinking Water 02980
NC Drinking Water 37712 This report shall not be reproduced, except in full, SC Environmental 99030
FL NELAP E87648 without the written consent of Pace Analytical Services, Inc.
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
RICHARD G JENNINGS
SUNBURST TROUT COMPANY L L C
128 RACEWAY PL
CANTON, NC 28716
Dear Permittee:
I1/26/2001
MAI
1••
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NPDES Wastewater Permit Coverage Renewal
Sunburst Trout Company L L C
COC Number NCG530065
Haywood County
Your facility is currently covered for wastewater discharge under General Permit NCG530000. This permit expires
on July 31, 2002. Division of Water Quality (DWQ) staff is in the process of rewriting this permit with a
scheduled reissue in the summer of 2002. Once the permit is reissued, your facility would be eligible for continued
coverage under the reissued permit.
In order to assure your continued coverage under the general permit, you must apply to the DWQ for renewal of
your permit coverage. To make this renewal process easier, we are informing you in advance that your permit
coverage will be expiring. Enclosed you will find a general permit coverage renewal application form. This
will serve as your application for renewal of your permit coverage. The application must be completed and
returned with the required information by February 01, 2002 in order to assure continued coverage under the
general permit. There is no renewal fee associated with this process. Your facility will be invoiced for the annual
permit fee at a later date.
Failure to request renewal within this time period may result in a civil assessment of at least $250.00. Larger
penalties may be assessed depending on the delinquency of the request. Discharge of wastewater from your facility
without coverage under a valid wastewater NPDES permit would constitute a violation of NCGS 143-215.1 and
could result in assessments of civil penalties of up to $10,000 per day.
If the subject wastewater discharge to waters of the state has been terminated, please complete the enclosed
rescission request form. Mailing instructions are listed on the bottom of the form. You will be notified when the
rescission process has been completed.
If you have any questions regarding the permit coverage renewal procedures please contact the Asheville Regional
Office at 828-251-6208 or Aisha Lau of the Central Office Stormwater Unit at (919) 733-5083, ext. 578
cc: Central Files
Stormwater and General Permits Unit Files
Asheville Regional Office
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
An Equal Opportunity Affirmative Action Employer
Telephone 919-733-5083 FAX 919-733-9919
50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor Ann B. Orr
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIR014MENTAL MANAGEMENT
WATER QUALITY SECTION
October 29, 1990
Mr. Richard G. Jennings
Jennings Sunburst Trout Company
Route 3, Box 513
Canton, North Carolina 28716
Subject: Return of Incomplete Permit Application
Non -Discharge Wastewater Treatment Facility
Jennings Sunburst Trout Company
Haywood County, North Carolina
Dear Mr. Jennings:
In accordance with Division policy we must hereby return as
incomplete the attached application materials received by hand delivery
on October 12, 1990.
It lacks the following items:
_x_ Signed application non -discharge permit application form.
_x_ Permit fee for Non -Discharge Permits. Received check for $120.00.
Please submit check for $240.00 in accordance with rate change
effective 10/1/90.
After you have obtained the checked item(s), please resubmit your
application to me for review. Should you have any questions, do not
hesitate to contact me at 704/251-6208.
You tru y,
L. Haner
Environmental Chemist
xc: Forrest R. Westall
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone 704-251-6208
An Equal Opportunity Affirmative Action Employer
Jennings �S'unburst r7-rMt Company : - � , `
RT. #3, BOX 513
CANTON, NORTH CAROLINA 28716
(704) 648-3010 • (704) 648-3012
FAX (704) 648-9279
October 12, 1990
Mr. Max Haner
N. C. Dept. of Environment, Health,
and Natural Resources
59 Woodfin Place
Asheville, NC 28801
Dear Sir:
Please find enclosed a sketch of our processing plant,
septic tank, field drain, and lagoon.
The scale is 1 square = 10 ft.
Also enclosed is our check for $120.00, along with our
non -discharge permit application.
Sincerel ,
i /emu
Richard G. J ing
RGJ/sce
Enclosures (3)
G
--North Carolina Department of Environment, Health, and Natural Resources
DEM USE ONLY
Environmental Management Commission
Permit Number:
NON -DISCHARGE PERMIT APPLICATION*
*in accordance with NC General Statutes Chapter 143. Article 21
County:
Haywood
Applicant (name of board, individual, or others): Application Date:
Jennings Trout Farm October 10, 1990
Project (name of city, village, town, sanitary district, establishment):
Rt. 3, Box 513, Canton, NC 28716
FOR: -
Brief Project Description:
[3 Non -Discharge Treatment/Disposal Facilities
Number of employees processing: 10
❑ Pretreatment Facilities
❑ Sewer Collection System (private)
Septic Tank, Nitrification field,
❑ Extension of Sewer Systems (public)
Lagoon system.
❑ Sludge Disposal
1-2 stage septic tank measuring 4' x4' x
❑ Spray Irrigation
10' each, 50 ft. nitrification line @
3 ft.
NATURE OF WASTEWATER:
R] Domestic Sewage
1 lagoon measuring 30' x 40'
❑ Sludge/Industrial Waste
EexisV ng sinceDa e986
® Other waste Process Washdown
From (sewers, pretreatment plant): Serving (city, institution, industry):
Fish process washdown plus domestic :waste jennings Trout Farm
Into (name of treatment plant): Average Daily Gallons Sewage or Waste Flow:
Non -discharging septic tank, lagoon ystem 400gpd + 250 domestic w
At (location of plant): (NPDES No.) tota
Jennings Trout Farm NC00
Name and Complete NSA
Address of Engineering Firm: Zip Code:
Telephone No.
Applicant assures that proposed works will be constructed, supervised, operated and maintained in accordance
with approved plans and specifications or approved changes thereto.
Richard G. Jennin Mailing
Print Name: Rt. 3, Box 513, Canton, NC 28716
g�iddress:
Title: Proprietor Zip Code:
Signature: Telephone No. / 704 / 648-3010
INSTRUCTIONS:
I. Fill-in All Spaces. If not applicable, enter N/A.
2.Secure appropriate signature (mayor/city manager for municipality, chairman for sanitary district board, owner/proper official of
corporation, or legally constituted board or commission in charge of proposed works). A letter of authorization is required from
proper official if design engineer or other agent signs application.
3. Submit to Division of Environmental Management, Permits and Engineering Unit. P.O. Box 27687, Raleigh, NC 27611 the original
and ALL carbon copies of the application, 3 sets of finalized plans, specifications and other supporting data as required by Com-
mission Rules, and permit fee. Plans and specifications must be signed and sealed by a registered North Carolina engineer.
FOR ASSISTANCE, CALL THE STATE CENTRAL OFFICE (919) 733-5083, PERMITS & ENGINEERING UNIT, OR:
Asheville (704) 251-6208 Fayetteville (919) 486-1541 Mooresville (704) 663-1699 Winston-Salem (919) 761-2351
59 Woodfin Place Suite 714 Wachovia Bldg. 919 North Main Street 8025 North Point Boulevard
Asheville, NC 28801 Fayetteville, NC 28301 Mooresville, NC 28115 Suite 100
Raleigh (919) 733-2314
3800 Barrrett Drive
P.O. Box 27687
Raleigh, NC 27611
Washington (919) 946-6481
1424 Carolina Avenue
P.O. Box 1507
Washington, NC 27889
Wilmington (919) 256-4161
7225 Wrightsville, Avenue
Wilmington, NC 28403
Este
10 gp<
/ I -5�91&, q ee-
FOR
WILLIAM G. STAMEY
TOWN MANAGER
Cz4E z0fun
of (1llttxcuxt, CIA -
f1��.
Office
of The Town Manager
October 1, 1990
RECEIVED
Water Quality Section
0 CT 3 -1990
Dr. George T. Everett
Director Asheville Regional Office
Division of Environmental Management Asheville, North Carolina
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Dr. Everett:
The Town of Canton objects to issuance of proposed wastewater
discharge permit No. NCO078662, to the 'Jennings -Sunburst Trout
Farm, Canton, North Carolina,. without the benefit of a public
meeting/hearing on the impacts this discharge will have on the
Town's drinking water supply (copy of announcement attached).
Town officials, water consumers, and residents of the
watershed are concerned on issuance of the NPDES permit on the
following basis:
1. The Town is now in the process of reclassification of the
Pigeon River watershed to a WS-I under existing state standards or
a WS-II under proposed standards by the Environmental Management
Commission (EMC) in pursuant of House Bill 156.
2. DEM/EMC was notified by resolution on March 2, 1989, that
the Town was requesting reclassification of the watershed water
supply from a WS-III to a WS-I. Since that time several pieces of
correspondence on the Town's commitment and desire to meet its
reclassification goal have passed between the Town and DEM/EMC.
The Town is prepared with property owners participation, and new
standards ruled on by EMC by January 1, 1991, to go to public
hearing as soon as possible to adopt a protection ordinance for the
Critical Area of the water supply.
3. The public needs to know: Why the Trout Farm's present
ground discharge system is not sufficient to handle the requested
discharge volume, and what impact will the proposed treated
wastewater discharge have on the quality of the drinking water
supply and its recreational uses?
e
Dr. George T. Everett
4. Other alternatives such as a qualified ground discharge
system should be pursued.
The Canton Town Hall is a suitable place for the public
meeting/hearing.
Sincerel'i yours,
TOWN OF CANTON
m. G. ISamey
Town Manager
WGS/rg
Attachment
cc: Mary Henigbaum, County Planner
Garrett Smathers, Town Consultant
Jim Henson, Planning Board Chairman
Loy Davis, DEM, Asheville Office
Dan McCracken, Haywood County Health Department
L
1
f
P
" PUBUMNOTICE
STATE -'OF
NORTH CAROLINA'
ENVIRONMENTAL
MANAGEMENT-',
COMMISSION
POST OFfiCEBOX Z7687
RALEIGH NORTH
CAROUNk' 761:1:-7687
�NOTIFlCATION-.OE INTENT
TOASSUEA STATE
:NPDES=PERMIT'; y�
gitithe� Est thorough
staff revie4an -!application
�L,tCu.>T4Ef
92-50U'�and other? lawful'
standards: a nd'regulations; x
the -.North- Caro(i na_ Environ-. .
x7jmenta4Managementiewt�.,_
� _ missiorifiPniposes€iss�ie^a�5=
--peirriit�foMisetia`"rgeito�ttie
ins -vrriting2;Ltotthe4�_:�
,addressKno�later�#her��l0�' -
I:7/90 AIf comments
iecervedpno�to"that<aate r_
will~tie�'cor�sid'ered='in the% •,
focm6latiorr=offna[_detei:
minationsuregardingM- e 4
proposed' permit:_Awpublic.:-:
meeting;may be held.wrlwe -
the -Director -;of :the:. Division
of Environmentak,Manage.
-inspected at these locations-_
during<riorma!'_'officechours =`� .:
.Copies*;of- ttie<infiirrriatior�+i' a
orr> ifTe�`ace=avai16, upori..,"
request aril payment o4the
costs of.,'re roduction Ail '
sa* corpments,or request,Y
regaiding "a=proposed--per-
mit;should: make: reference-->:. I
tothe,NPD€S permitnum
bet hsted.aielow
Date09 07 90
= r George=4T ,Everett ; , 1
Division,. of:-. Environ- i
mental Management=,kr,.„`
utlic,notice of,intent-to .'
issue - tate,NPDESpermit ,
NCOQ78662,tMr tRicµhard,
G;tiJemm�gsk �t<rti3; Box
5I3 CantolY NG` 28U6 ;
• north7of Eake'LoganlsiteA)
''-and'�Riveisides• c"ommunity``
Iarv`CW�
=`-.
.;In[q� esr te,ork�gegn^,_
River a`class WS-11l=Trouts
streamMithy r 'Broad��-
�R
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
William W. Cobey, Jr., Secretary Director
January 22 1
UD Dear Applicant:
Please find attached a DRAFT Permit and a public notice that have been prepared for
your facility by the Division of Environmental Management (DEM). I encourage you to review
these documents very carefully to ensure thorough understanding of the information, conditions,
and requirements contained therein. In completing your review, please be aware of the two
procedure changes described below that become effective on February 1, 1990.
The subject permit expiration date may reflect a period of less than five years. The
DEM has implemented a new NPDES permitting schedule that is directed toward organizing
permit issuance and review by major river basins within the State. The revised schedule will
allow the DEM to focus its resources on more efficient and effective NPDES permitting, and
allow for greater consistency in developing pollutant discharge limitations throughout each
river basin. In order to place the subject NPDES Permit within the proper cycle for its
corresponding river basin, it may be necessary to shorten the life of the permit to less than the
maximum allowable five year term as defined by North Carolina General Statute 143-215.1
(c) (5). In most cases, once a permit has been brought into the proper basin cycle, future
permits will be issued for the maximum five year period.
All questions or comments pertaining to any portion of the DRAFT Permit should be
directed to Mr. Dale Ove of the NP ermits Gro p at the address on telephone number
listed below pLgfflElffie "Schedu a to Issue" da e m t e public notice. Once a tC
it is issued,
except for typographical or technical errors, the permit may be appealed Q Lt h the legal
process. Such appeal would need to be made in the form of a written petition inrdance with
Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative
Hearings, PO Drawer 11666, Raleigh, NC 27611 within 30 days of permit issuance.
Thank you in advance for your cooperation in these matters.
Sincerely,
Steve W. Tedder, Chief
r Water Quality Section
IN Pollution Prevention Pays
V
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919919-7� 4q
An Equal Opportunity Affirmative Action Employer 1_. 1, Ar :.
J ,. =x .
PUBLIC NOTICE
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
POST OFFICE BOX 27687
RALEIGH, NORTH CAROLINA 27611-7687
NOTIFICATION OF INTENT TO ISSUE A STATE NPDES PERMIT
On the basis of thorough staff review and application of Article 21 of Chapter 143, General Statutes of
North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina
Environmental Management Commission proposes to issue.a permit to discharge to the persons listed
below effective 11/1/90 and subject to special conditions.
Persons wishing to comment upon or object to the proposed determinations are invited to submit same in
writing to the above address no later than 10/17/90. All comments received prior to that date will be
considered in the formulation of final determinations regarding the proposed permit. A public meeting may
be held where the Director of the Division of Environmental Management finds a significant degree of
public interest in a proposed permit.
A copy of the draft permit is available by writing or calling the Division of Environmental Management,
P.O. Box 27687, Raleigh, North Carolina 27611-7687, (919) 733-7015.
The application and other information may be inspected at these locations during normal office hours.
Copies of the information on file are available upon request and payment of the costs of reproduction.
All such comments or requests regarding a proposed permit should make reference to the NPDES permit
number listed below.
Date S 7 '
UL14t
George T. Everett, Director
Division of Environmental Management
Public notice of intent to issue a State NPDES permit to the following:
1. NPDES No. NC0078573. Mr. David M. Fox, Route 3, Box 108, Mars Hill, NC 28754 has applied
for a new permit for a facility located at Fox Trout Farm on NCSR 1503, northeast of Mars Hill, Madison
County. The facility discharges wastewater from a trout farm through one outfall into Big Laurel Creek, a
Class C-Trout stream in the French Broad River Basin.
2. NPDES No. NC0078638. Willard Glenn Wood, Jr., PO Box 106, Robbinsville, NC 28771 has
applied for a new permit for a facility located at Glennwood Trout Farm on West Buffalo Road, west of
Robbinsville, Graham County. The facility discharges wastewater from a trout farm through one outfal .
into West Buffalo Creek, a Class C-Trout stream in the Little Tennessee River Basin.
3. NPDES No. NC0078654. Mr. Charles H. Ziegler, 615 Catheys Creek Road, Brevard, NC 28712
has applied for a NPDES Permit for a facility located at High Valley Trout Hatchery off Cathey's Creek
Road, north of Tarkiln Mountain, Transylvania County. The facility discharges wastewater from a trout
hatchery through one outfall into Glady Fork, a Class WS-III Trout stream in the French Broad River
Basin.
4. NPDES No. NC0078662. Mr. Richard G. Jennings, Rt. 3, Box 513, Canton, NC 28716 has
applied for a new permit for a facility located at Jennings -Sunburst Trout Farm, adjacent to NC Highway
215 & NCSR 1111, north of Lake Logan (site A) and Riverside community (site B), Haywood County.
The facility discharges wastewater from trout farm rearing ponds through two outfalls 001 (A) & 002 (B)
into West Fork Pigeon River, a Class WS-III-Trout stream in the French Broad River Basin.
5. NPDES No. NC0078719. Ms. Juanita F. Osterman, PO Box 1487, Robbinsville, NC 28771 has
applied for a new permit for a facility located at Riverbend Trout Farm off NCSR 1122, southwest of
Robbinsville, Graham County. The facility discharges wastewater from a trout farm through one outfall
into West Buffalo Creek, a Class C-Trout stream in the Little Tennessee River Basin.
6. NPDES No. NC0078751. Trigo Trout Company, Inc., 615 Cathey's Creek Road, Brevard, NC
28712 has applied for a new permit for a facility located at Trigo Trout Farm on NCSR 1379, southwest
of Brevard, Transylvania County. The facility discharges wastewater from a trout hatchery through one
outfall into Tucker Creek, a Class C-Trout stream in the French Broad River Basin.
7. NPDES No. NC0078816. Mr. Don E. Franklin, PO Box 11, Hot Springs, NC 28743 has applied
for a new permit for a facility located at D & S Franklin Trout Farm on NC Highway 208, northwest of
Whiterock, Madison County. The facility proposes to discharge wastewater from a trout farm through one
outfall into Little Laurel Creek, a Class C-Trout stream in the French Broad River Basin.
8. NPDES No. NC0078808. Mr. David Keith Boley, PO Box 132A, Lake Toxaway, NC 28747 has
applied for a new permit for a facility located at Camp Cove Trout Farm off of NCSR 1309, southwest of
Brevard, Transylvania County. The facility discharges trout hatchery wastewater from one outfall into
Camp Cove Branch, a Class WS-III-Trout stream in the French Broad River Basin.
9. NPDES No. NC0078794. Mr,.�Claude Edward Crai , Rout 3, Box 112-A, Murphy, NC 28906 has
applied for a new permit for a facility loca d a Craig's rout Farm on NCSR 1340, north of Murphy,
Cherokee County. The facility discharges wastewater from a trout farm through one outfall into Owl
Creek, a Class C stream in the Hiwassee River Basin.
10. NPDES No. NC0078841. C. R. Brown Enterprises, Inc., Route 1, Box 287, Andrews, NC 28901
has applied for a new permit for a facility located at Cold Springs Trout Farm on NCSR 1397 in Andrews,
Macon County. The facility discharges wastewater from a trout farm operation through one outfall into
Whiteoak Creek, a Class C-Trout stream in the Little Tennessee River Basin.
11. NPDES No. NC0078875. Ms. Helen G. Franklin, PO Box 1501, NC Highway 208, Marshall, NC
28753 has applied for a NPDES permit for a facility located at Franklin Trout Farm on NC Highway 208,
Marshall, Madison County. The facility discharges wastewater from a trout farm through one outfall into
Little Laurel Creek, a Class C-Trout stream in the French Broad River Basin.
12. NPDES No. NC0078956. Mr. Aubrey Dale Owen, Route 2, Box 397, Brevard, NC 28712 has
applied for a new permit for a facility located at Morgan Mill Trout Farm off US Highway 64 near
Rosman, Transylvania County. The facility discharges wastewater from a trout farm through one outfall
into Morgan Mill Creek, a Class B-Trout stream in the French Broad River Basin.
13. NPDES No. NC0079031. Industrial Oportunities, Inc., PO Box 39, Marble, NC 28905 has
applied for a new permit for a facility located at Industrial Oportunities, Inc., US Highway 19/129,
Marble, Cherokee County. The facility proposes to discharge 0.003 MGD of treated domestic wastewater
from one outfall into Hyatt Creek, a Class C stream in the Hiwassee River Basin which has a 7Q10 flow
of 2.8 cfs.
14. NPDES No. NC0078964. Mr. Charles Ziegler, 595 Parkway Road, Dalsam Grove, NC 28708 has
applied for a new permit for a facility located at Headwater Trout Farm on NC Highway 215, nine miles
north of US Highway 64, Transylvania County. The facility discharges wastewater from a trout farm
through one outfall into North Fork French Broad River, a Class WS-III-Trout stream in the French Broad
River Basin.
15. NPDES No. NC0079006. Hemac, Inc., 430 Cooper Creek Road, Bryson City, NC 28713 has
applied for a new permit for a facility located at Hemac, Inc., on Little Snowbird Road, northwest of
Marble, Graham County. The facility discharges wastewater from a trout farm through one outfall into
Little Snowbird Creek, a Class C-Trout stream in the Little Tennessee River Basin.
16. NPDES No. NC0079090. Coldwater Trout Farms, Inc., Rt. 1, Box 64B, Dover, NC 28526 has
applied for a new permit for a facility located at Coldwater Trout Farms, Inc., 300 feet north of the
intersection of NCSR 1115/1127, southwest of Robbinsville, Graham County. The facility discharges
wastewater from a trout farm through one outfall into Snowbird Creek, a Class C-Trout stream in the Little
Tennessee River Basin.
17. NPDES No. NC0079103. Mr. William Bernolt Palas, Rt. 2, Box 408, Asheville, NC 28805 has
applied for a new permit for a facility located at Palas Trout Farm at the end of Shope Creek Roa ,
northeast of Riceville, Buncombe County. The facility discharges wastewater from a t ou farm through
one outfall into Shope Creek, a Class C stream in the French Broad River Basin.
18. NPDES No. NC0079146. NC Wildlife Resources Commission, Division of Boating & Inland
Fisheries, 512 N. Salisbury Street, Raleigh, NC 27604-1188 has applied for a new permit for a facility
located at Pisgah Forest Fish Hatchery on Government Road, northwest of Brevard, Transylvania
County. The facility discharges wastewater from a trout hatchery through one outfall into Davidson River,
a Class WS-III-Trout stream in the French Broad River Basin.
19. NPDES No. NC0061824. Gregory J. Bender, 19 Clark Drive, Waynesville, NC 28786 has applied
for a permit renewal for a facility located at Woodland Village on Mine Branch Road, east of Maggie
Valley, Haywood County. The facility discharges 0.075 MGD of treated domestic wastewater from one
outfall into Mine Branch, a Class C-Trout stream in the French Broad River Basin which has a 7Q10 flow
of 0.29 cfs.
0
S.
20. NPDES No. NC0079189. L. E. and Paulette Owen, Rt 1, Box 89, Lake Toxaway, NC 28747 has
applied for a new permit for a facility located at Parker Creek Trout Farm, at the end of NCSR 1310,
southwest of Balsam Grove, Transylvania County. The facility discharges wastewater from a trout farm
through one outfall into Parker Creek, a Class C-Trout stream in the: French Broad River Basin.
21. NPDES No. NC0079341. Edward Joy, Route 1, Box 53A, Lake Toxaway, NC 28747 has applied
for a new permit for a facility located at Whitewater Trout Farm, at the intersection of Slick Fisher Road &
NC Highway 281, north of Lake Toxaway, Transylvania County. The facility presently discharges
wastewater from an existing trout farm through one outfall into West Fork French Broad River, a Class
WS-III-Trout stream in the French Broad River Basin.
Permit No. NCO078662
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE -
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1,
ether lawful standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Mr. Richard G. Jennings
Is hereby authorized to discharge wastewater from a facility located at
Jennings Sunburst Trout Farm
adjacent to NC Hwy 215 & NCSR 1111
north of Lake Logan (site A)
Riverside community (site B)
Haywood County
to receiving waters designated as West Fork Pigeon River in the French Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, and III hereof.
This permit shall become effective
This permit and the authorization to discharge shall expire at midnight on
Signed this day
George T. Everett, Director
Division of Environmental Management
By Authority,of the Environmental Management Commission
Permit No. NC0078662
SUPPLEMENT TO PERMIT COVER SHEET
Mr. Richard G. Jennings
is hereby authorized to:
1. Continue to discharge wastewater from trout rearing ponds at sites A & B located at Jennings -
Sunburst Trout Farm, adjacent to NC Hwy 215 & NCSR 1111, north of Lake Logan (site. A),
Riverside community (site B), Haywood County (See Part III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map into West Fork
Pigeon River which is classified Class WS-III-Trout waters in the French Broad River Basin.
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PART I
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the
permit unless specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency:
3. No later than 14 calendar days following a date identified in the above schedule of
compliance, the permittee shall submit either a report of progress or, in the case of specific
actions being required by identified dates, a written notice of complianceor noncompliance.
In the latter case, the notice shall include the cause of noncompliance, any remedial actions
taken, and the probability of meeting the next schedule requirements.
Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of Environment, Health
and Natural Resources.
3 EM
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,
33 USC 1251, et. seq.
5. Mass/Day Measurements
a. The "monthly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during a calendar month on which daily discharges are
sampled and measured, divided by the number of daily discharges ,sampled and/or
measured during such month. It is therefore, an arithmetic mean found by adding the
weights of the pollutant found each day of the month and then dividing this sum by the
number of days the tests were reported. The limitation is identified as "Monthly
Average" in Part I� of the
b. The "weekly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during the calendar week (Sunday -Saturday) on which daily
discharges are sampled and measured, divided by the number of daily discharges
sampled and/or measured during such week. It is, therefore, an arithmetic mean found
by adding the weights of pollutants found each day of the week and then dividing this
sum by the number of days the tests were reported. This limitation is identified as
"Weekly Average" in Part I of the permit.
c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged
during a calendar day. If only one sample is taken during any calendar day the weight
of pollutant calculated from it is the "maximum daily discharge." This limitation is
identified as "Daily Maximum," in Part I of the permit.
Part II
Page 2 of 14
d. The "average annual discharge" is defined as the total mass of all daily discharges
sampled and/or measured during the calendar year on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or
measured during such year. It is, therefore, an arithmetic mean found by adding the
weights of pollutants found each day of the year and then dividing this sum by the
number of days the tests were reported. This limitation is defined as "Annual Average"
in Part I of the permit.
6. Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum
of the concentrations of all daily discharges sampled and/or measured during a calendar
month on which daily discharges are sampled and measured, divided by the number of
daily discharges sampled and/or measured during such month (arithmeticmean of the
daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted
by flow value) of all the samples collected during that calendar day. The average
monthly count for fecal coliform bacteria is the geometric mean of the counts for
samples collected during a calendar month. This limitation is identified as "'Monthly
Average" under "Other Limits" in Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria; is the sum
of the concentrations of all daily discharges sampled and/or measured during a calendar
week (Sunday/Saturday) on which daily discharges are sampled and measured divided
by the number of daily discharges sampled and/or measured during such week
(arithmetic mean of the daily concentration values). The daily concentration value is
equal to the concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected during that
calendar day. The average weekly count for fecal coliform bacteria is the geometric
mean of the counts for samples collected during a calendar week. This limitation is
identified as "Weekly Average" under "Other Limits" in Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant discharge during
a calendar day. If only one sample is taken during any calendar day the concentration
of pollutant calculated from it is the "Maximum Daily Concentration". It is identified
as 'Daily Maximum" under "Other Limits" in Part I of the permit.
d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of
the concentrations of all daily discharges sampled and/or measured during a calendar
year on which daily discharges are sampled and measured divided by the number of
daily discharges sampled and/or measured during such year (arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted
by flow value) of all the samples collected during that calendar day . The average
yearly count for fecal coliform bacteria is the geometric mean of the counts for samples
collected during a calendar year. This limitation is identified as "Annual Average"
under "Other Limits" in Part I of the permit.
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable
amount of dissolved oxygen required to be available in the effluent prior to discharge
averaged over a calendar day. If only one dissolved oxygen sample is taken over a
calendar day, the sample is considered to be the "daily average concentration" for the
discharge. It is identified as "daily average in the text of Part I.
Part II
Page 3 of 14
f. The "quarterly average concentration" is the average of all samples taken over a
calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I
of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through
March, April through June, July through September, and October through December.
7. Other Measurements
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow,
averaged monthly. It is determined as the arithmetic mean of the total daily flows
recorded during the calendar month:
b. An "instantaneous flow measurement" is a measure of flow taken at the time of
sampling, when both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a measure of discharge flow from the facility
which occurs continually without interruption throughout the operating hours of the
facility. Flow shall be monitored continually except for the infrequent times when
there may be no flow or for infrequent maintenance activities on the flow device.
8. Types of Sample
a. Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of
discharge and combined proportional to the rate of flow measured at the time of
individual sample collection, or
(2) a series of grab samples of equal volume collected over a 24 hour period with the
time intervals between samples determined by a preset number of gallons passing
the sampling point. Flow measurement between sample intervals shall be
determined by use of a flow recorder and totalizer, and the present gallon interval
between sample collection fixed at no greater than 1/24 of the expected total daily
flow at the treatment system, or
(3) a single, continuous sample collected over a 24 hour period proportional
to the rate of flow.
In accordance with (1) above, the time interval between influent grab samples shall be
no greater than once per hour, and the time interval between effluent grab samples shall
be no greater than once per hour except at wastewater treatment systems having a
detention time of greater than 24 hours. In such cases, effluent grab samples maybe
collected at time intervals evenly spaced over the 24 hour period which are equal in
number of hours to the detention time of the system in number of days. However, in
no case may the time interval between effluent grab samples be greater than six (6)
hours nor the number of samples less than four (4) during a 24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually.
9. Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.
Part II
Page 4 of 14
b. Geometric Mean: The 'geometric mean of any set of values is the Nth root of the
product of the individual values where N is equal to the number of individual values.
The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms
of the individual values. For purposes of calculating the geometric mean, values of
zero (0) shall be considered to be one (1).
c. Weighted by Flow Valuer Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective
flows.
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next
day. However, for purposes of this permit,any consecutive 24-hour period that
reasonably represents the calendar day may used for sampling.
11. Hazardous Sub trance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant
to Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water
Act.
SECTION B. GENERAL CONDITIONS
1• Dulyto Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is ground for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of a permit
renewal application.
a. The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants within the time provided in
the regulations that establish these standards or prohibitions, even if the permit has not
yet been modified to incorporate the requirement.
b. Any person who violates a permit condition is subject to a civil penalty not to exceed
$25,000 per day for each violation. Any person who negligently violates any permit
condition is subject to 'criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates
permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who
violates a permit condition may be assessed an administrative penalty not to exceed
$10,000 per violation with the maximum amount not to exceed $125,000. '[Ref:'40
CFR 122.41(a)]
Part 1I
Page 5 of 14
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power
Failures" (Part II, B-6), nothing in this permit shall be construed to relieve the permittee
from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS
143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the
permittee is responsible for consequential damages, such as fish 'kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee
is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act,
33USG 1321. Furthermore, the permittee is responsible for consequential damages, such
as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
5 Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or
any invasion of personal rights, nor any infringement of Federal, State or local laws or
regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
7. Seyerability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit, shall
not be affected thereby.
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating this permit or to determine
compliance with this permit. The permittee shall also furnish to the Permit Issuing
Authority upon request, copies of records required to be kept by this permit.
9. Duty to R_ eanuly
If the permittee wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain a new permit.
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit
such information, forms, and fees as are required by the agency authorized to issue permits
no later than 180 days prior to the expiration date. Any discharge that has not requested
renewal at east 8 ays prior to ex iration, or any discharge that does not have a permit
after the expiration and has not requested renewal at least 180 days prior to expiration, will
subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33
USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be
signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary, treasurer
or vice president of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision making functions for the
corporation, or (b) the manager, of one or more manufacturing production or
operatingfacilities employing more than 250 persons or having gross annual sales
or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to
sign documents has been assigned or delegated to the manager in accordance with
corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position of
plant manager, operator of 'a well or well field, superintendent, a position of
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.);
and
(3) The written authorization is submitted to the Permit Issuing Authority.
Part II
Page 7 of 14
c. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification:
" I certify, under penalty of law, that this document and all attachments were prepared
1 , under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
�D my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of
my knowledge and believe, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fines
and imprisonment for knowing violations.
12. ,Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause.The filing of a
request by the permittee for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance does not
stay any permit condition.
13. Permit Modification. Revocation and Rei suannce or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening
and modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal
Regulations, Parts 122 and 123; Title 15 of the North Carolina Administrative Code,
Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this
facility, whether for operation or discharge, are h r v rgv_oked by issuance Qf this Hermit.
The conditions, requirements, terms, and provisions of this permit authorizing discharge
under the National Pollutant Discharge Elimination System govern discharges from this
facility.
ECTION C. OPERATION AND MAINTENANCE OF POLLUTION CQNTROL
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall
employ a certified wastewater treatment plant operator in responsible charge (ORC) of the
wastewater treatment facilities. Such operator must hold a certification of the grade
equivalent to or greater than the classification assigned to the wastewater treatment
facilities. The permittee shall notify the Division's Operator Training and Certification Unit
within five days of any change in the ORC status.'
Part H
Page 8 of 14
2. Proner Oueration and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with theconditionsof this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary facilities or
similar systems which are installed by a permittee only when the operation is necessary to
achieve compliance with the conditions of the permit.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
4. Bypassing of Treatment Facilities
a. Definitions
(1) "Bypass" means the known diversion of waste streams from any portion of a
treatment facility including the collection system, which is not a designed or
established or operating mode for the facility,
(2) "Severe property damage" means substantial physical damage to property, damage
to the treatment facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected to occur
in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations
to be exceeded, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of
this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass
as required in Part II, E. 6. of this permit. (24-hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action
against a permittee for bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal injury or severe
property damage;
Part II
Page 9 of 14
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate
backup equipment should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
(c) The permitwe submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering
its adverse affects, if the Permit Issuing Authority determines that it will meet the
three conditions listed above in Paragraphd. (1) of this section,
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations because of
factors beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or
improper operation.
b. Affect of an upset.
An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the
requirements of paragraph (3) of this condition met. No determination made during
administrative review of claims that noncompliance was caused by upset, and before an
action for noncompliance, is final administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence
that:
(a) An upset occurred and that the permittee can identify the cause(s) of the upset;
(b) The permittee facility was at the time being properly operated; and
(c) The permittee submitted notice of the upset as required in Part II, E. b: (b) (B) of
this permit.
-
(d) The permittee complied with any remedial measures required under Part H, B. 2. of
this permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.
Part II
Page 10 of 14
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a
manner such as to prevent any pollutant from such materials from entering waters of the
State or navigable waters of the United States. The permittee shall comply with all existing
federal regulations governing the disposal of sewage sludge, and with applicable 40 CFR
Part 503 Standards for the Use and Disposal of Sewage Sludge when promulgated. Upon
promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for
the disposal of sludge may be reopened and modified, or revoked and reissued, to
incorporate applicable requirements at 40 CFR Part 503. The permittee shall notify the
Permit Issuing Authority of any significant change in its sludge use or disposal practices.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM
Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H, .0124
Reliability, to prevent the discharge of untreated or inadequately treated wastes during
electrical power failures either by means of alternate power sources, standby generators or
retention of inadequately treated effluent.
L Reuresentative SamDlin
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than
daily shall be taken on a day and time that is characteristic of the discharge over the entire
period which the sample represents. All samples shall be taken at the monitoring points
specified in this permit and, unless otherwise specified, before the effluent joins or is
diluted by any other wastestream, body of water, or substance. Monitoring points shall
not be changed without notification to and the approval of the Pen -nit Issuing Authority.
Monitoring results obtained during the previous month(s) 'Shall be summarized for each
month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No.
MR 1, la, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later
than the 30th day following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in
the case of a new facility, on the last day of the month following the commencement of
discharge. Duplicate signed copies of these, and all other reports required herein, shall be
submitted to the following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 27687
Raleigh, North Carolina 27611
1
i
j Part II
Page 11 of 14
3. Flow Measurements
t
Appropriate flow measurement d vices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges. The devices shall be installed, calibrated and
maintained to ensure that the accuracy of the measurements are consistent with the accepted
capability of that type of device. Devices selected shall be capable of measuring flows with
a maximum deviation of less than + 10% from the true discharge rates throughout the range
of expected discharge volumes. Once -through condenser cooling water flow which is
monitored by pump logs, or pump hour meters as specified in Part I of this permit and
based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts,
and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal
Water Pollution Control Act, as Amended, and Regulation 40 FR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels that are below the permit discharge
requirements and all data generated must be reported down to the minimum detection or
lower reporting level of the procedure. If no approved methods are determined capable of
achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level)
approved method must be used.
5. Penalties for Tam,}fring
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
6. Records Retention
The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this permit, for a period of at least 3
years from the date of the sample, measurement, report or application. This period may be
extended by request of the Director at any time.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the
permittee shall record the following information:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Part II
Page 12 of 14
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative, upon the
presentation of credentials and other documents as may be required by law, to;
a. Enter upon the peimittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION E REPORTING REQUIREMENTS
1. Changr, in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant identified in this permit more frequently than or at a
level in excess of that authorized shall constitute a violation of the permit.
2. Planned Change
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity
of pollutants discharged. This notification applies to pollutants which are subject
neither to effluent limitations in the permit, nor to notification requirements under 40
CFR Part 122.42 (a) (1). ;
3 Anticipated Noncgmmpliance
The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in noncompliance with permit requirements.
4. Transfers
This permit is not transferable to any person except after notice to the Director. The
Director may require modification or revocation and reissuance of the permittee and
incorporate such other requirements as may be necessary under the Clean Water Act.
Part lI
Page 13 of 14
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See
Part iI. D. 2. of this permit).
b. If the permittee monitors any pollutant more frequently than required by the permit,
using testproceduresspecified in Part II, D. 4. of this permit, the results of this
monitoring shall be included in the calculation and reporting of the data submitted in the
DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall
be provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time
the permittee 'becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph.
(A) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(B) Any upset which exceeds any effluent limitation in the permit.
(C) Violation of a maximum daily discharge limitation for any of the pollutants listed by
the Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for reports under
paragraph b. above of this condition if the oral report has-been received within 24
hours.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part II. E. 5
and 6. of this permit at the time monitoring reports are submitted. The reports shall contain
the information listed in Part 11. E. 6. of this permit.
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information.
Dart 11
Page 14 of 14
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case more than 24 hours or on the next
working day following the occurrence or first knowledge of the occurrence of any of the
following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as
the dumping of the contents of a sludge digester; the known passage of a slug of
hazardous substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to
such station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 15 days following first knowledge of the occurrence.
10. Availabilityoports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308
of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division of Environmental Management.
As required by the Act, effluent data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of Environmental Management
and written approval and Authorization to Construct has been issued.
B . Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the compliance
of this NPDES permitted facility with the current groundwater standards.
C. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to
believe:
a. That any activity has occurred or will occur which would result in the discharge, on a
routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest oftthero owng "notification levels'
(1) One hundred micrograms per liter (100 ug/1);
(2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred
micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for
2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the permit
application.
b. That any activity has occurred or will occur which would result in any discharge, on a
non -routine or infrequent basis, of a'toxic pollutant which is not limited in the permit, if
that discharge will exceed the highest of the following "notification levels";
(1) Five hundred micrograms per liter (500 ug/1);
(2) One milligram per liter (1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit
application.
Part. III
Permit No. NCO078662
D. Upon findings by the Division of Environmental Management that impacts on the receiving
stream by the operation of this facility are sufficient to cause violations of water quality
standards, this permit shall be revoked and reissued, or, modified to require such measures,
including but not limited to, monitoring and reporting, initiation of specific management
practices, or construction and operation of additional treatment facilities.
E. There shall be no additional construction for the purpose of increasing production at this
facility without prior approval by the Division.
Annual Monitoring Report for Permitted Trout Farms
1. Production year
2. Name of facility
3. Permit number
4. How much trout was produced this year?
5. How much feed was consumed this year? pounds
tons
6. Describe the waste management system(s) you used this year
(e.g. direct discharge, land application, etc)
7. Submit the following records for waste management practices
involving land application, if available. Contact the
Agricultural Extension Service, Soil Conservation Service,
or the Agronomic Division of the Department of Agriculture for
more information on soil testing, waste analysis, and nutrient
budgets.
a. Location of 'land application
b. Extent in acres
c. Name of stream (river) which drains this land
d. Copy of waste analysis report. °fte—V,e, - /J C
►^ r dC�'�'I 1 N PO
e. Copy of soil test report. ,,,�
f. Copy of nutrient balance worksheet.
g. Volume of waste applied
h. Method of application
8. If water quality sampling was conducted, submit a copy of
results.
I certify that I am familiar with the information contained
in the form and that to the best of my knowledge and belief such
information is true, complete, and accurate.
Printed name Date signe
Signature
RECEIVED
Water Quality SectiOn
NOV 9 1992
State of North Carolina
Department of Environment, Health and Natural Resourcq%heville Regional
Division of Environmental Management �Sheville, North Caro"
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Regional Offices November 6, 1992
Asheville
704/251-6208 RICHARD G. JENNINGS
JENNINGS TROUT FARM -FISH PROC
Fayetteville RT. 3 BOX 513
919/486-1541 CANTON, NC 28716
Mooresville
704/663-1699
Raleigh
919/571-4700
Washington
919/946-6481
Wilmington
919/395-3900
Winston-Salem
919/896-7007
Dear Permittee:
A. Preston Howard, Jr., P.E.
Acting Director
SUBJECT: PERMIT NO. WQ0004378
Subsurface Wastewater Treatment
& Disposal System
JENNINGS TROUT FARM -FISH PROC
HAYWOOD COUNTY
The Division of Environmental Management issued the subject permit on
12/09/91 for the contruction and/or operation of a subsurface wastewater
treatment and disposal system. This Division processed a nondischarge
permit under the jurisdiction of North Carolina General Statutes
143-215.1 and 130A-335 and North Carolina Administrative Code Section 15
NCAC 2H .0200; "Waste Not Discharged to Surface Waters" which was issued
until 12/01/96.
On July 14, 1992, House Bill 1545 was ratified in the North Carolina
General Assembly which transferred the authority for the plan review,
permit issuance and compliance monitoring of most Environmental
Management Commission subsurface wastewater treatment and disposal
systems, whose staff body is the Division of Environmental Management, to
the Commission for Health Services through the local health departments
and the Division of Environmental Health. Under this new authority, the
nondischarge permit for the wastewater treatment and disposal system
under Permit No WQ0004378 is now under the jurisdiction of the HAYWOOD
County Health Department and the Division of Environmental Health. Under
this new authority, any renewal requests, or requests for modifications,
upgrades or repairs of this system will now be reviewed and processed by
the HAYWOOD County Health Department. At least 180 days prior to the
expiration date of this permit of 12/01/96, you must contact the HAYWOOD
health department and apply for an operation permit for the continued
operation and maintenance of this system.
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
j page -2-
If you have any questions concerning this matter, please contact
Ms. Carolyn McCaskill, Supervisor, State Engineering Review Group with
the Division of Environmental Management at (919) 733-5083, Mr. Steven
Berkowitz, P.E., On Site Wastewater Engineering Branch with the Division
of Environmental Health at (919) 733-2895 or the HAYWOOD County. Health
Department.
Sincerely,
�U qo
A. Pr on Howard, Jr.,
cc: HAYWOOD County Health Department
Asheville Regional Office, Water Quality, Section
Asheville Regional Office, Groundwater Section
Groundwater Section, Jack Floyd
Mr. Steven Berkowitz, P.E., Division of Environmental Health
Ms. Carolyn McCaskill, Division of Environmental Management
m
wr-
i 10
...... ............
Dr George T. Everett
Page 2
We appreciate your support in the Town's goal to reclassify
its Pigeon River water supply to the highest level possible.
Sincerely,
TOWN OF CANTON
G. tame
Town Manager
WGS/rg
Attachment
cc 16ary T. Tweed
Roy M. Davis
Forrest Westall
Max L. Haner
Haywood County Health Dept.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 30, 1990
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. CESAW-0091-N-044-0032
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RECEIVED
Water Quality Section
N J V ..,N M 1990
Asheville Regional 01!ce
Asbeviile, North Oarhlim
S: December 31, 1990
Enclosed is the application of Mr. Richard G. Jennings, dba Jennings Trout
Farm, for Department of the Army after -the -fact authorization and a State
Water Quality Certification to retain fill material discharged into the Little
East Fork Pigeon River in conjunction with the construction of a trout rearing
facility south of Canton, Haywood County, North Carolina. Your receipt of
this letter verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by December 31, 1990, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker in our Asheville
office at (704) 259-0856.
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Regional Office Manager
North Carolina Department of
4,-Eztyironment, Health and
Natural Resources
8025 North Point Boulevard
Suite 100
Winston-Salem, North Carolina 27106
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 15, 1990
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. CESAW-0091-E-044-0013
Mr. Richard G. Jennings, Jr.
Route 3, Box 513
Canton, North Carolina 28716
Dear Mr. Jennings:
Reference your recent meeting with Messrs. Bob Johnson and David Baker of
my Asheville Regulatory staff concerning the construction of a trout growing
facility in and adjacent to the Little East Fork Pigeon River off Camp Daniel
Boone Road, south of Bethel, Haywood County, North Carolina. The purpose of
their meeting with you was to inspect recent work in the river, and inform you
with regards to Department of the Army (DA) permit requirements in waters and
wetlands.
Specifically, the work in place at this time includes a concrete intake
struture and three trout growing ponds approximately 30 feet wide and 100 feet
long each. In addition, a rock/earth berm has been installed on the waterward
side of the trout ponds. The berm extends 8 to 12 feet into the Little East
Fork Pigeon River.
As Messrs. Johnson and Baker informed you, Section 404 of the Clean Water
Act requires that you secure a permit from this office prior to the discharge
of excavated or fill material in waters or wetlands. A review of our files
indicates that the described project was not coordinated with this office and
a permit has not be issued. Without the necessary permit, the above described
activity is in violation of Federal Law and you should cease from further work
in the river or adjacent wetlands.
Mr. Johnson informs me that you have requested an opportunity to apply for
an after -the -fact permit, In view of this, you should submit a completed
application to this office within 14 days following your receipt of this
notification. Further action concerning the unauthorized activity will be
delayed pending the outcome of the permit review.
Failure to comply with this directive may result in referral to the United
States Attorney with a recommendation for civil prosecution. Therefore, your
cooperation is necessary and will be appreciated.
If there are questions, contact Bob Johnson, Regulatory Branch, telephone
(704) 259-0855.
CI
,OCTIiiPP10110
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
}
-2-
Copies Furnished:
Mr. Thomas J. Ashcraft
United States Attorney
Western District of North Carolina
100 Otis Street, Room 306
U.S. Courthouse
Asheville, North Carolina 28801-2611
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27601-5039
U.S. Environmental Protection
Agency - Region IV
Wetlands Section - Water Quality Branch
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. Forest Westall
North Carolina Department of
Environment, Health, and
atural Resources
vision of Environmental Management
ost Office Box 370
Asheville, North Carolina 28802
Regional Director
National Marine Fisheries
Service, NOAA
Duval Building
9450 Koger Boulevard
Saint Petersburg, Florida 33702
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Richard Phillips
North Carolina Department of
Environment, Health, and
Natural Resources
Division of Land Resources
Post Office Box 370
Asheville, North Carolina 28802
Mr. John Fridell
Endangered Species Field Station
Fish and Wildlife Service
U.S. Department of the Interior
100 Otis Street, Room 224
Asheville, North Carolina 28801
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor George I Everett, Ph.D.
William W. Cobey, Jr., Secretary October 22, 1990 Director
RECEIVED
Water Quality Sectiop
OCT 2 3 1990
Mr. William G. Stamey, Town Manager
Town of Canton Asheville Regional Office
Post office Box 987 Asheville, North Carolina
Canton, North Carolina 28716
Subject: Proposed NPDES Permit
No. NCO078662
Jennings -Sunburst Trout Farm
Haywood County, North Carolina
Dear Mr. Stamey:
This Division is in receipt of your October 1, 1990, letter
concerning the issuance of subject NPDES Permit to Jennings -Sunburst
Trout Farm in which you requested a public hearing. This response is
being sent to you to try and answer some of the questions raised.
This past year, the Division of Environmental Management developed
a procedure to issue NPDES Permits to Trout Farms that fell under
federal criteria. Federal regulations require trout farms producing
more than 20,000 pounds per year and feeding more than 5,000 pounds of
feed in any calendar month to hold a NPDES Permit for the water flowing
through the trout growing operation and being discharged to surface
waters. A questionnaire was sent to all. known trout farms to gather
production and operational data to determine those requiring permits.
Once submitted, the questionnaire became the NPDES Permit application
for those farms of the size requiring a permit. The Jennings -Sunburst
Trout Farm exceeds the federal criteria resulting in the drafting of
the proposed NPDES Permit. You should realize that this permit is for
the water flowing through the trout, rearing operation and does not
cover any farm processing operatior).s. With th_-s background
information in mind, 1 will address those questions raise in your
October 1, 1990 letter.
1. The existing WS-I and proposed. WS-II water supply classifications
both allow certain type of discharges; one of which is trout farm
operations. Issuance of trout farm permits will not prohibit or
affect the requested reclassifica.tiori of the Pigeon River,
Poiludon Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
A.. C.....i 11.....-.... ...:a.. Afk7....:. ... A:..-. C..... �I... ....
Jennings -Sunburst Trout Farm
Page Two
October 22, 1990
2. The proposed NPDES Permit has no affect on the Town proceeding
with the adoption of proposed ordinances and the Town should
proceed as planned.
3. The existing ground absorption system on the farm is serving the
fish processing facility and is separate from the trout rearing
operation. It is not of sufficient size to receive the large
volume of water that flows through the hatchery. The flow
through the hatchery is up to 20,000 gallons per minute which
would not make it feasible to use ground absorption for disposal.
The NPDES Permit covers the existing trout farm which has been in
operation for many years. There are no documented nor
anticipatednegative impacts on the recreational or water supply
use as result of this operation.
4. Again as stated above, ground absorption is not a feasible
alternative for the water flowing through the hatchery. It is
understood that there has been some question as to the fish
processing wastewater disposal system. The existing ground
absorption system serving the processing facility is being
evaluated and preliminary results indicate no impact on the
Pigeon River. Should improvements to this system be needed,
continued use of a ground absorption type Non -Discharging System
for the process wastewaters will be the desired treatment
alternative. Should the Pigeon River be reclassified as
requested, a discharging type wastewater treatment system
designed for the processing facility would not be allowed under
the current or proposed regulations. Should the Division receive
a request for a NPDES Permit for the processing facility it would
be held pending the outcome of the requested reclassification.
Hopefully, the questions you have raised have been answered
in this letter. On the basis of the information presented in this
letter and my evaluation of your request, I have determined that a
public meeting will not be held. Should you have any questions or
wish to discuss this matter, please feel free to contact this
Division.
Sin ely,
F I1 /
George Everett
cc: Gary T. Tweed
Roy M. Davis
Forrest R. Westall
Max L. Haner
WILLIAM G. STAMEY
TOWN MANAGER
E C�nxc n#nxt, �-
Office of The Town Manager
10
WATER QiUAL`TY
SECTION
October 1, 1990
Dr. George T. Everett
Director
Division of Environmental Management
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Dr. Everett:
The Town of Canton objects to issuance of proposed wastewater
discharge permit No. NC0078662, to the Jennings -Sunburst Trout
Farm, Canton, North Carolina, without the benefit of a public
meeting/hearing on the impacts this discharge will have on the
Town's drinking water supply (copy of announcement attached).
Town officials, water consumers, and residents of the
watershed are concerned on issuance of the NPDES permit on the
following basis:
1. The Town is now in the process of reclassification of the
Pigeon River watershed to a WS-I under existing state standards or
a WS-II under proposed standards by the Environmental Management
Commission (EMC) in pursuant of House Bill 156.
2. DEM/EMC was notified by resolution on March 2, 1989, that
the Town was requesting reclassification of the watershed water
supply from a WS-III to a WS-I. Since that time several pieces of
correspondence on the Town's commitment and desire to meet its
reclassification goal have passed between the Town and DEM/EMC.
The Town is prepared with property owners participation, and new
standards ruled on by EMC by January 1, 1991, to go to public
hearing as soon as possible to adopt a protection ordinance for the
Critical Area of the water supply.
3. The public needs to know: Why the Trout Farm's present
ground discharge system is not sufficient to handle the requested
discharge volume, and what impact will the proposed treated
wastewater discharge have on the quality of the drinking water
supply and its recreational uses?
Dr. George T. Everett
Page 2
4. Other alternatives such as a qualified ground discharge
system should be pursued.
The Canton Town Hall is a suitable place for the public
meeting/hearing.
Sincerely yours,
TOWN OF CANTON
- AkG. S amey
Town Manager
WGS/rg
Attachment
cc: Mary Henigbaum, County Planner
Garrett Smathers, Town Consultant
Jim Henson, Planning Board Chairman
Roy Davis, DEM, Asheville Office
Dan McCracken, Haywood County Health Department
PUBLIC• NOTICE
STATE OF
NORTH CAROLINA.
ENVIRONMENTAL
MANAGEMENT---
COMMISSION
POST OFFICE.BOX-27687
RAUEIGH NORTH -
CAROUNA 2761 t-7687
-• NOTIFICATION OF INTENT
�TO ISSUE A.STATE
P.ER
iNPDES ,MIT :..
0n-the- 6si`s' thoroui?I
%l1 e10_' 'Y'
I C/
92-500 and other lawful` -'-
standards and regulations,'
the North Carolina Environ-
mental.: Management. Com-
missior `pfoposes;1 issue a-
permit. ischarge�td<the _,
persons'listed below effec-'
tive{11/1/90 and subject,to
ersons,wlshi
meri!`-portF`oblec.: tottie.
proposed "determinations,,
are invited to; _submitsame_
in- writing to:•: the 'above ,. i
address no -dater than 10!
1.7/90! All ``comments
received' prror'to' that`date
will: be:. considered ' in :,the"
formulation of...final_deter
minations.trregarding fAhe Y
proposed permit A public
meetin&rnay be held where.
the Director of the Division
of EnvironmentakManage-;:;
meW-finds a 77stgnlficant..
degree of publid'mtetest in -
a proposed permit
'A copy of the draft permit'
ismavailable by L wnirng' opr
-calling? _thet;Dwrscorro-'
Environmental -::Manage
mantws rP-0.44 Rnn 77fAT1 _•;'
information ~may x be
inspected at these locations_i
during normal'.office:hours • _
'Copies of the.Wtirmatiom:v '
on file are availabie-:upon<;
request and .payment;of, the!
costs.; of. , 'reproduction:. All.
...
suchcoinments or:request;',
regarding, a -proposed per-„
mit.sh'ould make, reference,"
to the, NPQE5 permit num
ber.listed: below i
Date09-07 90 j
George.,T ,Everett,, t
Director
Drvision of . Environ-
mental Management
lsSub(tctootice of intentto
%Q6 State,NPOES permit
to the following: ,
1 -4i ;,NPDES :No .-
NC0Q78662;;,Mr ,Richard
G Jemm�gs��_ft$ox
5I3,:Canton,NC28716, `
has.j',applled .for ,A Vnew t;
permt'for a facjlity;located
at Jennmgs Sunburstjrout
Farm; adjacent to NC Highh`
41
way,215_A"NCSR °T111"'-
non.h'of Lake Logan;(site A)
and Riverside' community
(site_ _B), . Haywoo ,,C,ounity.
The-Jarility iichafges
wastgwater.from trout=farm';i .
rearing pondsethrough two `-
outfalls 001(A) & 002-(B) ';
into West,P,Fork ;Pigeon
Rivet, ;a classy WS-111-Trout
stream rn the �r'ench�Broad
River Basin r i' -
2i z 3oke�7
a�,
DATE:
7� SUBJECT:(�,dk-12
North Carolina Department of Natural
Resources &Community Development
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Mr. William G. Stamey, Town Manager
Town of Canton
Post Office Box 987
Canton, North Carolina 28716
Subject: Proposed NPDES Permit
No. NCO078662
Jennings -Sunburst Trout Farm
Haywood County, North Carolina
Dear Mr. Stamey:
This Division is in receipt of your October 1, 1990, letter
concerning the issuance of subject NPDES Permit to Jennings -Sunburst
Trout Farm in which you requested a public hearing. This response is
being sent to you to try and answer some of the questions raised.
This past year, the Division of Environmental Management developed
a procedure to issue NPDES Permits to Trout Farms that fell under
federal criteria. Federal regulations require trout farms producing
more than 20,000 pounds per year and feeding more than 5,000 pounds of
feed in any calendar month to hold a NPDES Permit for the water flowing
through the trout growing operation and being discharged to surface
waters. A questionnaire was sent to all known trout farms to gather
production and operational data to determine those requiring permits.
Once submitted, the questionnaire became the NPDES Permit application
for those farms of the size requiring a permit. The Jennings -Sunburst
Trout Farm exceeds the federal criteria resulting in the drafting of
the proposed NPDES Permit. You should realize that this permit is for
the water flowing through the trout rearing operation and does not
cover any farm processing operations. With this background
information in mind, I will address those questions raise in your
October 1, 1990 letter.
1. The existing WS-I and proposed WS-II water_ supply classifications
both allow certain type of discharges; one of which is trout farm
operations. Issuance of trout farm permits will not prohibit or
affect the requested reclassification of i--he Pigeon River.
PoDution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
Jennings -Sunburst Trout Farm
Page Two
2. The proposed NPDES Permit has no affect on the Town proceeding
with the adoption of proposed ordinances and the Town should
proceed as planned.
3. The existing ground absorption system on the farm is serving the
fish processing facility and is separate from the trout rearing
operation. It is not of sufficient size to receive the large
volume of water that flows through the hatchery. The flow
through the hatchery is up to 20,000 gallons per minute which
would not make it feasible to use ground absorption for disposal.
The NPDES Permit covers the existing trout farm which has been in
operation for many years. There are no documented nor,
anticipated negative impacts on the recreational or water supply
use as result of this operation.
4. Again as stated above, ground absorption is not,a feasible
alternative for the water flowing through the hatchery. It is
understood that there has been some question as to the fish
processing wastewater disposal system. The existing ground
absorption system serving the processing facility is being
evaluated and preliminary results indicate no impact on the
Pigeon Rivera Should improvements to this system be needed,
continued use of a ground absorption type Non -Discharging System
for the process wastewaters will be the desired treatment
alternative. Should the Pigeon River be reclassified as
requested, a discharging type wastewater treatment system
designed for the processing facility would not be allowed under
the current or proposed regulations. Should the Division receive
a request for a NPDES Permit for the processing facility it would
be pending the outcome of the requested reclassification.
Hopefully, the questions you have raised have been answered
in this letter. On the basis of the information presented in this
letter and my evaluation of your request, I have determined that a
public meeting will not be held. Should you have any questions or
wish to discuss this matter, please feel free to contact this
Division.
Sincerely,
George T. Everett
CC: Gary T. Tweed
Roy M. Davis
Forrest R. Westall
Max L. Haner
WILLIAM G. STAMEY
TOWN MANAGER
z4e Zvfun of &nflani N- (9,
Office of The Town Manager
October 1, 1990
Dr. George T. Everett
Director
Division of Environmental Management
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Dr. Everett
RECEIVE®
Water Quality Section
0 CT 3 -1990
ASheville Regional Office
A5'heville, North Carolina
The Town of Canton objects to issuance of proposed wastewater
discharge permit No. NCO078662, to the 'Jennings -Sunburst Trout
Farm, Canton, North Carolina,, without the benefit of a public
meeting/hearing on the impacts this discharge will have on the
Town's drinking water supply (copy of announcement attached).
Town officials, water consumers, and _ residents of the
watershed are concerned on issuance of the NPDES permit on the
following basis:
1. The Town is now in the process of reclassification of the
Pigeon River watershed to a WS-I under existing state standards or
a WS-II under proposed standards by the Environmental Management
Commission (EMC) in pursuant of House Bill 156.
2. DEM/EMC was notified by resolution on March 2, 1989, that
the Town was requesting reclassification of the watershed water
supply from a WS-III to a WS-I. Since that time several pieces of
correspondence on the Town's commitment and desire to meet its
reclassification goal have passed between the Town and DEM/EMC.
The Town is prepared with property owners participation, and new
standards ruled on by EMC by January 1, 1991, to go to public
hearing as soon as possible to adopt a protection ordinance for the
Critical Area of the water supply.
3. The public needs to know: Why the Trout Farm's present
ground discharge system is not sufficient to handle the requested
discharge volume, and what impact will the proposed treated
wastewater discharge have on the quality of the drinking water
supply and its recreational uses?
Dr. George T. Everett
�a
4. Other alternatives such as a qualified ground discharge
system should be pursued.
The Canton Town Hall is a suitable place for the public
meeting/hearing.
Sincerelly yours,
TOWN OF CANTON
G. S amey
Town Manager
WGS/rg
Attachment
cc: Mary Henigbaum, County Planner
Garrett Smathers, Town Consultant
Jim Henson, Planning Board Chairman
ti,Roy Davis, DEM, Asheville Office
Dan McCracken, Haywood.County Health Department
L
92--569-'and- other.-! lawf
standards-. and 'regulations;"
the: North- Caro(ina: Environ-
-jrnenta4Manajemenhco
W,'16pose4tb rissuie-4r,5z
,m�-:
-7 ----J-
speciav&ihditio
j
P
areinvited-to.,submit�sam
.in-
. 07 '
�Yv-s PuBur-H OTI 9
`received prio r. lktha Wk---
STATE.'OF�
wilt-667conside
"
NORTH CAROUNA,,
f .o-. ulat iorr"
:o
ENVIRONMENTAL
= minationsxregardinglithe -4
MANAGEMENr-
PrOPOsed . Permit---A-1 public,:-
COMMISSION
meetinTmW be: held.whefe
POST OFFICE -.BOX 27687
the-Directorof the Division
RALEIr ftNORTH
of EnvironmentakiManage=
CAROUNA-27611-7687 A
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north of takeS.
community
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Rfvei,.Va-�Q*'�!*Wji . i'Tout'!
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V 1
State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor Ann B. Orr
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
January 16, 1991
MEMORANDUM
TO: John Dorney, Special Projects Supervisor
Program Planning Unit
Through: Roy M. Davis, Regional Supervisor
Division of Environmental Management
Forrest R. Westall ' o 741 vt`w
Regional Water Quality Supervisor / ARO
From: Max L. Haner, Environmental Chemist
Water Quality Section / ARO ` LO1041
Subject: Comments and Recommendation
DOT Response to US Fish & Wildlife Concerns (12/31/90)
Proposed 401 Certification to U.S. Army Corp of Engineers
NC DOT Project for Fill of Wetlands
Pigeon River at NC Hwy 215/Can.ton, NC
Haywood County
Subject NCDOT response to the US Army COE addressing US Fish and
Wildlife (USFW) concerns has been reviewed in ARO. It does not satisfy
ARO objections to this project in that it only reiterates that DOT's
reason for proposing this encroachment is the presence of a steep
embankment and railroad on east side of NC Hwy 215, making encroachment
the only practical consideration. An on -site inspection conducted
12/10/90 and related in our initial comments of 12/12/90 showed
commercial development on the opposite side of the road without presence
of the embankment/railroad. To resolve this concern and prior to any
change in the ARO position in this matter, it is recommended that DOT
provide an enlarged topo of the proposed area highlighting the
embankment, railroad, and construction/encroachment area. If questions
still remain, an on -site conference wi.tb all representatives present
would be advisable.
Regarding USFW concerns, DOT places justification for proposing this
project's encroachment into the Pigeon River (approximately 960 feet
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone 704251-6208
An Equal Opportunity Affirmative Action Fmnlover
along NC Hwy 215) on a cross sectional determination that reportedly
shows only minimal encroachment with little other effect; a 3 foot
constriction and a 3 foot widening below the ordinary high water mark as
opposed to the 23 foot encroachment identified by the COE public notice.
Results of stream velocity calculations indicating no appreciable
increase during high water conditions as well as a study by DOT
concluding that no federally endangered species were found are also
recounted as support for this proposal. We anticipate that USFW will
ask DOT for actual "stream velocity" calculations and the "endangered
species" study. We also would like to review this material in relation
to the Champion International water pollution control progxam.
Should you have questions or wish to discuss this memo in more detail,
please advise.
RW E C C I V E D
J A
State of North Carolina AsheO,,e RP,ftnr ! Office
Department of Environment, Health, and Natural Resour�'ces��' North Car�9ln�
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary
erector
January 8, 1991
MEMORANDUM
TO: John Parker
FROM: Bill Mills OPJ
SUBJECT: Corps of Engineers Public Notice
E
restoration of the` f ill At this : t
the Water Quality Certification.
is not expected to create violati,
if the facility operates in confo
this facility.
b) It is recommended that the Corps be advised that a public
hearing should be held on this project prior to any final Corps
action on the 404 permit to allow an opportunity for those
persons who have filed petitions and other objections on the
permit issuance to state their concerns about the impacts of the
project. We also recommend that the Corps take enforcement
action against Jennings Trout Farm for filling without a permit.
We do not have any objection to the Corps issuance of the
permit.
cc: orrest Westall
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street * Raleigh, North Carolina 27611
James G. Martin, Govemor
William W. Cobey, Jr., Secretary
January 8, 1991
Mr. Richard D. Jennings
DBA Jennings Trout Farm
Route 3, Box 513
Canton, North Carolina 28716
Dear Mr. Jennings:
Subject: Gertificat
Clean Wa
Fill in_. ,.a.
Jenni
Attached'
issued ' to Ric}
George I Everett, Ph.D.
Director
If we can be of further assistance, do not hesitate to
contact us
Sincerely,
George T. Everett
Director
Attachments
cc: W- mington District Corps of Engineers
sheville Regional Office
Mr. William Mills
Mr. John Parker
Polludon Prevendon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
NORTH CAROLINA
HAYWOOD COUNTY
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Richard D. Jennings (DBA Jennings Trout Farm pursuant to an
application filed on the 6th day of November, 1990 to retain fill
material that has been placed into Little East Fork Pigeon River.
The Application provides adequate assurance that the
discharge of fill material into the waters of Little East Fork
Pigeon River in conjunction with the proposed trout rearing
facility in Haywood County will not result in a violation of
applicable Water QualityStandards and discharge guidelines.
Therefore, the State of North Carolina certifies that this
activity will not violate"Sections 301, 302, 303, 306, 307 of PL
92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification: x
1. That,the activity„ be conducted in such a manner` as
ty
o prevent significant increase in turbidity. `
114661 19d'?,d n'J 'A .a i�" i %viLft 14--1 ter• �s�.�w e.i ...•wl:.... .r.e,,.ts%�" xY r. :
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 8th day of January, 1991.
DIVISION OF ENVIRONMENTAL MANAGEMENT
k4&4e hkJ&
eeorge T. Everett, Director
WQC# 2553
Jennin
ys Sunburst Trout
1
Comp
—""FRT. #3, Box 513 ' o_
CANTON, NORTH CAROLINA 28716
(704) 648-3010 • (704) 648-3012
FAX (704) 648-9279
November 5, 19.90
Re: letter from G. Wayne Wright, Oct. 30, 1990;
File No. CESAW-0091-N-044-0032 RE C, E I V E
Water Quality Sedlon
Mr. William Mills
Division of Environmental Management D"E01090
P. 0. Box 27687
Raleigh, NC 27611-7687 �@
Ashevil!a Pepionial Office
Dear Mr. Mills: ,Asheville, North Carolina
We have constructed three trout rearing ponds on the Little
East Fork of the Pigeon River in Haywood County. We have applied
for a permit "after the fact" from the U. S. Army Corps of Engineers
for this project.
We chose the land in question because it is very close to our
main growing out.facility, and the processing plant that is associa-
ted with it. Thereby, ordinary care and supervision is low cost.
We also elected this site because the water flow was more than
adequate, and the land was rentable for a reasonable price.
A dam to divert the water was not acceptable relative to fish
migration, so a concrete plenum 10' wide was built projecting 6'
into the natural stream bed. This plenum is screened on top with
a horizontal screen 22' x 10'. We propose to divert water over
the screen by laying two highway medians on their sides in the creek
gravel, thus minimizing any disturbances of soil and gravel.
The berm that now extends 10'± into the natural river bed and
runs with the river for a distance of 322' was rtotl!"originally
planned and was done without my orders; however, in the final
analysis, after three periods of high water, there is no apparent
erosion on &ither side of the river. Rip rap was used along with
river rock for stability.
We reviewed other sites:
A.) Above Lake Logan - Champion International would not go
along with it. That is upstream.
B.) We have already built a site four miles downstream.
We don't see a site for another - one prerequisite is 3'
drop every 100' approximately.
Jennings Sunburst Trout Company
RT. #3, Box 513
CANTON, NORTH CAROLINA 28716
(704) 648-301 O • (704) 648-3012
FAX (704) 648-9279
Page Two -
Mr. William Mills
C.) The Little East Fork has generally steep or rocky banks,
thus limiting sites for trout rearing ponds.
Since
Richard Jennings, Jr.
Proprie r
RGJ/sce
cc: Corps of Engineers, Wilmington, NC
Robert W. Johnson, Corps of Engineers, Asheville, NC
-
— d e STA7F
,z
o_,M ,
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street ! Raleigh, North Carolina 27611
James G. Martin, Governor William W. Cobey, Jr., Secretary
January 25, 1991
Dr. G. Wayne Wright �:,P
Corps of Engineers % 1 ,a
P. 0. Box 1890
Wilmington, NC 28402
Regional -
Dear Dr. Wright•a1ta
In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice .... 0032
dated November_.1, 1990 which describes project activity carried out by Mr.
Richard D. Jennings, DBA Jennings Trout Farm of Canton. Mr. Jennings seeks an
after -the -fact permit for this activity which involved stream -side fill and
preparation for water intake structures. The project is located on the Little
East Fork Pigeon River, 12 miles south of Canton, in Haywood County.
Based on a coordinated agency review, the state will not oppose issuance
of a permit for the activity. However, due to concern expressed by key
agencies, restoration of instream fill as well as water management is
,recommended. Comments of these agencies follow:
Division of Water Resources - can agree with project authorization contingent
upon:
1) That all fill material placed in the channel be removed before further
work on the project proceeds. The stream banks should be restored to
their natural contour and revegetated.
2) That withdrawal's by the. project from Little East Fork Pigeon River will
be regulated such that flows in the bypassed stream reach are equal to or
greater than 6.5 cubic feet per second (cfs). During dry periods when
the entire flow of the creek is less than 6.5 cfs, no withdrawals by the
project will be permitted.
3) That a calibrated staff gage or other suitable measuring device be
installed in the bypassed stream reach to show the amount of flow. This
gage should be operational before withdrawals are initiated and drawings
and specifications for this device should be submitted to this Division
prior to project completion. RECEIVED
wa't.cr Quality Section
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984
An Equal Opportunity Affirmative Action Employer hshavilie Regional d
ffiel
� i �'slltt9 worth COON
Page 2
January 25, 1991
Wildlife Resources Commission - recommends fill be removed and following
management conditions be applied through any permit issued:
1) Stringent erosion control measures should be implemented where soil is
disturbed and maintained until -the project site has been stabilized.
2) Residual flow in the stream below the point of water withdrawal supplying
a fish propagation facility must be of sufficient magnitude to prevent .
destruction or serious* dimunition of downstream fishery habitat. Under
no conditions may the entire flow of a watercourse be diverted to §apply
a fish propagation facility.
3) Native vegetation lush as willow, river birch, and wetland grasses should
be planted along the stream and on unvegetated areas for stabilization.
This should be completed within 15 working days of project completion.
Division of Environmental Management - in addition to issuing Section 401
Water Qua! ty Certification No. 2553 on January 3, 1991, DEM recommends that
the Corps provide an opportunity for area citizens objecting to the project
through the state review have an opportunity to be heard in a public hearing
prior to permit action.
It should be noted that the position of DEM concerning fill removal is
that this would increase short term turbidity. DEM, .however, in a telephone
discussion of January 24 reports it would not object 'to fill removal.
Finally from DEM, an NPDES permit is required for trout farm operation.
1, is requested that the applicant be so notified.
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the commenting agencies.
Very sincerely,
' Yam. ,
John Par�ker, Jr.
Inland '404 Coordinator
JRP:Jr/aw
cc: Division of Water Resources
Wildlife Resources Commission
Division of Environmental Management(/
Corps of Engineers, Asheville
M
l
ff
Nof tl Carolina
9,r�v./ �� w • fig,
Pollution from Fish Farms
By J. G. JOKES. BSc NISI. Men. NIChemA, FRSC (Member)*
ABSTR.ACT
Fish farms are continuing to grow, in numbers and in
size. They cause concern because of their location in
areas of high -quality water- frequently in the head-
waters where there is little dilution for large volumes
of effluent. This jeopardizes the water quality. and
may affect the ecologv of the river — migratory fish in
particular.
The use of chemicals for the treatment of disease
is causing concern. particularly if the river is used for
Potable abstraction. Little information is a%aiiahle
on the lnw-level effects and the detection of
chemicals such as antibiotics and 'hormones. The
chemicals are not controlled nationally, the only
control being through consents.
\A ith the continued growth of the fish -farm
industry. problems are likely to increase in the
future unless a responsible attitude to their develop-
ment is adopted.
Key words: Development: pollution: abstraction: dilution:
chemicals: disease: emironmcnt: control: lecislation.
INTRODtCTION
Fish -farming development can have an effect on the
environment and, in particular. on a watercourse. A
recent joint publication' contains the followinn
refcrence•to fish fainiing:
The Government has announced its intention of extend-
ing water abstraction licensing by water authorities
under the Water Resources Act 196_ to fish farms
rearing fish for the table. This will allow -water authori-
ties to exercise greater control over river flow and ,yiil
supplement existing requirements for all inland fish
farms to obtain discharge consents under the Control of
Pollution Act 197-1.
The report. in summarizing the water authorities'
comments on various aspects of pollution, from farm
wastes. states that:
Pollution arising from fish farming has not been con-
sidered in previous reports. The Wessex. V,'clsh and
Yorkshire Water Authorities have reported serious
problems associated with fish -farming activities. They
have pointed out that. although the number of reported
pollution incidents is very small. thev may not reflect the
This purer was prc.cnied for di.cu"iun at the In>titutiun , Annual
Svmpo,ium on A,riculurrr and r6r ?,indrnnm rnl. held in York (in
,,_„ March ivw.
'}icad of Scientific Scriccs. 'A,c, Water.
Considerable damage improperly -managed intensive
units can cause to other %%ater users. This damage can be
exacerbated through o,er-abstraction of river ,rater.
ieaving the residual flow in the river too low to
adequately protect aquatic life or provide dilution for
the resulting effluent containing fish faeces. excess fish
oud :and sometimes potentially harmful chemical formu-
.utions.
The water authorities consider that this unsatis-
factorc situation at some farms has stemmed from
the present inadequate legislative control. Fish
far, is producing food for the table are exempt from
normal planning controls and abstraction licensing.
e.en if this means completely drying up short
stretches of river systems. The water authorities
have therefore welcomed the announcement from
the Government of its intention to extend water
abstraction licensing for such fish farms.
FISH FARMING IN WESSEX REGION
Tae commercial farming of rainbow trout imoiyes
t%,.o basic processes, i.e.. hatching and rearing of
%oun2 fry to 'table' size. Most trout rearing is carried
cut either in earth -dug ponds or fibreglass tanks.
«titer supply may be derived from rivers. springs or
groundwater, and feeding is usually based on high -
protein dried -food diets.
,Although in 1972 the L K had the ci,:th laraect
trout -farming industry in Western Europe. this
represented only 6°b of the total Western European
trout production; France. Italy and Denmark
together produced 65% . Between 1976 and 19S1,
however, the 'table' trout industry in the UK
increased by 330".. with most of the increased
Production in England taking place in waters
derived from the chalk ridge which runs from
Yorkshire to Wessex'. This expansion has mainly
taken place in the areas of f-i+ umr r aairhnr;ri :•
Yorkshire, Thames, Southern and Wessex.
There are 55 fisi, fauns in tDC V.caac•, icgion, 01
which 17 are in the catchment of one major river'.
Large fish farms can require over 150 N[Uday of
high -quality water which becomes contaminated by
the waste products of fish and excess fish food. The
treatment of such large volumes of dilute waste,
produced by a typical fish farm, can give rise to
putential on -site treatment problems. In addition,
the abstraction of a large proportion of river flow
not only removes the d%ailab!e dilutior in the main
river but leads to obstruction in the movement of
and coarse fish fry in the fish farm.
The Sc,-`^`fern Division of %Vc—'ex Water is
particul Ir`., imitable for the production of rainbow
trout. It contains clear, well -oxygenated rivers
which are often derived from chalk springs. The
temperature conditions in the South of England and
the alkaline river waters are believed by fish farmers
to be important for the rapid rearing of trout. Also
the close proximity to markets make rivers such as
the Hampshire .Avon attractive for trout farming.
The Avon catchment has seen a dramatic increase
in the number of trout farms which it supports, and
probably now produces more trout than any other
Em_lish river catchment. More large farms are
planned for this river. which in its middle reaches.
between Salisbury_ and Christchurch. supports three
large fish farms whose combined rainbow trout
production exceeds 1000 tonnes per annum.
Following 2rowin_ concern about the pollution of
rivers caused by fish farms. in 19S2 the National
Water Council and National Farmers Union set up a
working party with the main objectives of improving
the operation of fish farms and attaining a common
approach to setting consent conditions for fish
farms. The working party successfully completed its
work towards the end of 1983. and the agreed
findings resulted in a Code of Practice. The recom-
mendations go a lonL, wav to ensuring that existing
fish farms are properly managed so that many of the
previous problems, such as desludginQ of ponds into
the riser. do not occur. Ho%keyer. there were a
number of major points %Oich such a working party
was in no position to determine. These include
control over abstraction and the safety of chemicals
which are available for use by fish farmers.
POLLUTION FROM FISH -FARMING
ACTIVITIES
The major pollutants released from fish farms are
derived from unconsumed food and faecal wastes
from the fish. The effluent from fish farms contains
organic material which exerts a biochemical oxygen
demand (BOD) on the riser water. In addition. it
will contain ammonia and suspended solids. These
are the constituents which have to be controlled in
any discharge of sewage effluent. It may be useful,
therefore, to compare the pollution load of effluents
from fish farms with those from sewage -treatment
works.
In France it has been calculated that one tonne of
trout on a fish farm can produce a pollution load
equivalent to the treated sewage effluent produced
by 200-500 people'. In 19S2. from a comprehensive
survey of UK fish farms. staff of the Water Research
Centre calculated that the BOD for each tonne of
trout produced per annum was equivalent to that in
the effluent from a sewage -treatment works serving
They also shoved that for each tonne of trout
prod', per annum, the ammonia load was equiva-
lent tc .:at from a sewage works serving 122 people,
and the suspended solids load was equivalent to the
output from 859 persons. It was noted that the
discharge from a fish farm in terms of-BOD or
suspended solids could be equal to the output of
treated wastes From 'a sizeable town'. Using these
figures. a production of 1000 tonnes of trout each
year would give a BOD load equivalent to that
produced by the treated effluent from a town of over
300000 people or the untreated sewage from 20000
inhabitants".
FISH DISEASES
There is uncertainty and concern about whether
rish-disease outbreaks at fish farms can affect wild
'sh stocks in-. rivers. A study group which has
examined this problem concluded. that wild trout
populations could become infected with the infec-
tious pancreatic necrosis (IPN) virus escaping from
an infected fish farm. It is possible that the
combination of stress (caused by fish -farm pollution)
and the exposure to high concentrations of disease
agents (released from infected fish farms) could lead
to disease outbreaks in wild stocks. ",tore evidence is
urgently needed.
CHEMICALS USED IN FISH FARMING
The use of chemicals on fish farms is another area
,%here concern has been expressed. particularly with
respect to the use of antibiotics and antibacterial
agents. Ho\�eyer, the methods of analvsis for
measuring these substances are not readily avail-
able. Three potential problem areas have begin
identified. namel (a) their mutagenicity. (b) their
abiiit\ to produce allergic responses. and (c) the
posslbiiity of the development of resistant strains Oi
micro-organisms.
I.SES OF HAMPSHIRE AVO-,
In addition to fish Farming. the River Avon is
extensively used as a source of water for pubiic
� ater supply. The possible effect of traces of these
chemicals in water supply raises the question as to.
what concentrations of these substances are.acceDt-
able, and how they are to be determined. Therefore.
more investigative work on this subject is required.
At present the Itifinistry of Agriculture. Fisheries
and Food is conducting work in this area. and their
results are awaited with interest.
The Department of the Environment/Department
of Health and Social Security Joint Committee on
Medical Aspects of Water Quality has been con-
sulted about the use of antibiotics and other
chemicals at fish farms. They have expressed an
1JVVEA1, 1990, 4, February. 15
1GNES ON _
f
interest t' lesti2atin« ,he probiem in greater derail
and are oerhg provided -ith further information.
In the Wessex Water region, owners of fisheries
downstream from fish farms have Otte,' complained
about the escape of srnail rainbow trout and their
effect on the balance of fish stocks. and thus the
quality of their fishing. In particular. on the River
Wrlve (a tributary of the Avon), escaped rainbow
trout from an upstream fish farm have consistently
evoked complaints frOri the downstream fisher%
owners who claim that the natural 'brown trout
fishery has been badly affected'.
A recent independent study. carried out b% the
Freshwater Biological Association on the HamD-
shire Avon to assess tie fish populations dok%n' -
stream from a major fish farm, was unable to
support the view that large numbers of escapees or
rainbow trout were present. In fact, not a single
escapee. was caught.
There a high propor:ion of the flow in a large
river is diverted into a fish farm. the drawof water is
likeh to lead downstream migrating salmon smolis
into the farm ponds ,%here they could suffer
considerable mortalities. It is widely agreed that it is
difficult to efficiently fence' or block rivers to
movement of fish, and consequently this possible
loss of voung salmon is now giving cause for
concern. At present no ease or inexpensive answers
to the problem appear to be avaiiable.
Work carried out by the Wessex Water Fisheries
staff. in conjunction wi;i staff at the Trafaigar
Fisheries at Longford. has assisted in developing
techniques to reduce the numbers of fry which have
become trapped in the fish farm.
ENVIRONNIENTAL IMPACT OF FISH FARMS
In managing the water quality of rivers. Wessex
Water has used the qua!itr criteria of the National
Water Council (NWC) river classification to set
long-term river water quality objectives. In particu-
lar. in the long term almost all the Hampshire Avon
and its tributaries are to be maintained as a Class ]A
river. Evidence is unfolding that below some fish
farms this classification is not being met.
A Water Research Centre (WRc) report" noted
that data from a range of fish farms showed an
average increase in river water BOD through a fish
farm of 1.5 m&l. This has also been confirmed in
examination of data from fish farms in the Wessex
Water region. Also, an examination of the quarterly
average BOD concentrations in rivers above and
below fish farms frequently shows a significant
increase in BOD below the fish farms. It is this type
of water -quality impact which gives cause for
concern. particularly where it is necessary to main-
tain a Class lA river.
The WRc report" found :hat, on average. UK fish
farms increased the concentration of amm.N
ookk, :Ream Q. 17 mg 1. This effect is evident
,%hen fish farms in the Wes
;z.x region are examined.
Ricer caret samales taken downstream from a fish
farm on the River vv'rlye consistently show
increased le,--s of amm. %'hick frequent)} exceed
the NWC Class lA. 9� percentile limit of 6.4 mg11.
Be!ow fish [arms in vvz,;!x vv ater,s region. there
is normaily a reduction the dissolved oxygen
(DO) concentration of tie river. caused by the
respiration of :he fish and :he oxygen demands of
their waste products. Some; surrey of UK fish
farms" recorded an average decreasein DO of 1.6
rng 1. In the case of fish f:;... ; in %Vessex, this figure
IS commonly e., eeded.
Ri zr-water ::ualitr de:e-:oralion belo%% fish farms
at present only affects a ':i-:red length of river with
respect to chemical and :._Iiogical criteria. How-
:r. the fut_.e deye'.o,-zrtts which are being
discussed couic be adverse.. effected unless a major
clanr'e occurs -n :he [reat'-"7't processes which take
place on fish .arms.
A recent suT,,v of four .major fish farms in the
Hampshire .Aeon catchmz!7: showed that organic
solids and sometimes s—aet fungus were present
immediately below the fish:arms and in all cases
the mac,-o-imer:ebrate fau-,, of the river bed was
affected because it contain.-_ more pollution-mier-
ant or__,anisms. The followir= statements list some of
the zffzcts w; iC have bee. -, red in recent surreys:
Fish Farm A
A erect dz_:h of silt ?Osited in the iuv.ct
reaches Of efflu�nt channel; 3iological examination
snowed a smaii effect on _r life which extended
about �()0 m downstream.
Fish Farm B on Hampshire
Tri_buzarics _. -he I-Ia.:,�s -:ire .Avon, into `. ir
', h _h
fish farm effluent is discha-_ed, show a signincant
effect on the ecology — . i;h the community of
animals in these channels being dominated by
-`,sellus and ch ironomids. _ ,e channels contain a
thick iarer of grt', ish organic material with a prolific
Qro nth of sewage fungus in o-e channel. and there is
an obser%able zffect on rice- rife immediately below
the point where the effluent channels rejoin the
main river. The river rz:_rns to normal I km
downstream.
Fish Farm C on Hampshire Aeon
An effect on the aquatic life of the river was
evident 'Or ahoui O.i km do%nstream.
In assessing the impact of .^:.sh farms on the aquatic
life of a ricer frequent use is made of a'bioticscore-
system which is designed so that the pollution
tolerance of the animals in :`e river life community
can he described numerically For example, leeches
and midge larvae score low whilst mayflies and
stoneflies score high. Using ,he system which was
devised for the 19W natiorai NWC River Ouality
Survey (known as the B.MWP,core system). a,tudv
of the env 'River Aeon was carried out. Fish
farms. sew ,a,'treatmcnt works and a few industrial
discharizes. all disrareing to various parts of the
river, are controlled b% existing legislation. How-
ever. the only foreseeahle major increase in effluent
discharges will be that from fish farms. With the
proposed future development in fish farming. even
with strinvent consent conditions. it is probable that
discharves will result in a deterioration of the
biological and chemical quake} of the Hampshire
Avon over an increasing stretch. Therefore more
stringent controls are needed.
RIVER FLOWS AND FISH FARMING
Fish farms producing fish for the table (which
includes most fish farms) are classified as agricul-
tural units and. as such. are normally exempt from
Licence control on river abstractions. Because fish
farms use large quantities of .rater. without effective
control of volumes abstracted. there is the potential
to cause serious problems in rivers.
A fish farmer could abstract the whole of the river
flow between his inlet and outlet_ leaving a river
with virtually no flow, e.g. on rivers such as the
Hampshire Aron where there are many channels
and mll!sire ams controlled b% hatches. Flows can be
diverted down one channel to supply a fish farm -
substantially reducing flows in parallel channels.
These changes can seriousir disrupt aquatic life in
the river and. where the majorit% of the flow passes
through a fish farm. it could present a barrier to,
migratory movements of salmonid and coarse hsh.
The lengths of the river over which flows are
affected are likely to become unsuitable smmnin�,
areas for migratory fish. as them would not be the
river flow to keep the spawning beds dean.
Already. several farms abstract the majority or
the drv-weather flow of the river. and. with con-
tinued expansion of existing units and the establish-
ment of new farms. the situation will become more
difficult ". One farm on the Hampshire Aron
abstracts about 70% of the average summer drr-
weather flow. which is more than the minimum
recorded flow. As a result. there are about 2 km of
the river channel which can have a severely depleted
river flow during the summer and autumn.
At one point. the river is divided 'between three
main channels. with the flows to each controlled by
hatches. There were proposals to establish a fish farm
with an initial abstraction of 90 `lUd. from the main
channel just below one of the sets of hatches. with
control of the hatches being exercised b\ the fish
farmer. The 9= percentile low flow of the Aron at
this point is 3-25 "ll/d, with a minimum recorded
flow of 15-1 MUd. In order for the fish farmer to
operate during the summer. he would have had to
divert most of the river flog towards his fish farm.
This would deprive the flow in the eastern branch of
the ?' . ieavim_ inadequate dilution for the
effluent-,00' m a sewage -treatment works. The quality
of the river downstream would deteriorate. and
there is little that the Authority could have done to
prevent this happening. Fortunately, the proposed
development was rejected for an alternative site
where the same problems exist but to a smaller
degree. A ne,.v fish farm was opened in late 1983.
but the ovine. is proposing further expansion,
therefore problems may vet arise both from the
conflict on river flows and the additional organic
load on the river.
When the Water Resources Act was implemented
in 1963. all agricultural abstractions from rivers were
exempted from abstraction licence controls, except
spray irrigation which was put under control because
of the potential impact on rivers. The fish -farming
industry was airnost non-existent at the time and was
not considered in the Act. During the last twenty
fi%e years the, has been a major change, and fish
farming is now an important and rapidly -growing
industry. The, are Qood reasons for such develop-
ments to be covered by licences. which would help
to avoid conflicts with other river users and prevent
serious changes to river ecology. Therefore it is
important to the environment that the Govern-
ment's proposals to extend abstraction licences to
include fish far-s are carried to fruition.
CONCLUSIONS
L Evidence i :dicates that. where the volume of
discharge Ls a high proportion of the flow
downstream. fish farms have a significant effect
on the the -:cal and biological quality of the
receiving wa;_rcourse for a limited distance
downstream.
_. This situatio; might be accepted for a few fish
farms whir _re well separated along a river. On
some rivers sh farms are being developed in
close proxitr,it% to one another. and this may
affect the quality of grater o%er significant
stretches of r; er.
3. The existing legislation is satisfactory for the
control of water pollution from normal dis-
charges. Fisk -farm effluents can be difficult to
control because of the small dilution with clew„
water and because they are often discharged to
high -quality rivers where a relatively small
deterioration ,rill result in downgradin2'
4. The absence of control of the amount of water
abstracted b a fish farmer will result in lengths of
the best-quali-, rivers having significant changes
to their ri%e- flows. and this must have a
deleterious eject on the ecology: of these rivers.
This condition is likely to adversely affect miara-
ton fish and. hopefullv- will soon be rectified.
LItVEM. 19w 3. F:brujn. 17
t
POLLUTION FROM FISH FARMS
5. Some he chemicals which are used by fish
farmers could cause concern :o downstream
eater users and. in particular, abstractors for
pubiic water supply. The cont-oi exerted at
present on the use of these chemicals does not
appear to take account of do,,\nstresm water use.
.-k voluntary agreement sche:-: such as the
Pesticides Safetv Precautions Scheme, where
the properties of new chemicals are investigated
before their use is agreed. covid usefully be
extended to include chemicals used by fish
farmers.
ACKNOWLEDGEMENTS
This pane; has been prepared from \urine, reports, puper,,
and ur,-ecs carried out bs. staff. pas; _nd present, of
\\essex \\rater. The Mesas expressed here. do not nccess-
arils reflect the viers of the .Authoric%
10
REFERENCES
1. U,�rfix AUTHORITIES ASSocl.krtoN >-�D OF A(:RICL'L-
rLRE. FISHERIES .w Fuoo. tv ler Pullurtor:;rmn li asre
i�>,• &iziaud aua ll'uies. 19X;.
LEIS. Nl. R. Ramon, trout: pruducuon and marketing. Nlisc.
stud% No. 6e. Department of .Agriculture \larkctine and
Economics. Lm,ersity of Readine. 1980.
NEEDH.as1. T. Trout iarming in the UK _ .•,a'. ahead.
Slnrposuan on Corrurrerciai Trout Furntulp. Imtilutc of
Fisheries Manattment. Reading Unive:sitv..�pril _ litu
1 WESSEX \LATER. An ]Dpralsal of the effec. of ish _ tin
riper qualitn in\\csscx. Fcbruari 198
]. F.iCRE. A. ,xlise au point sur la pollution grndrr. oar Ics
p»ciatures. P:sClartrure. 1979. 13.
6. S01-3E. J. F. The nature and effects of ash farm e!huCnts.
SI'mpusrirm oil Conuncrcml Troru F9rIn.Y:e. Irs;1tu:C of
F:,ne,ics Manaccrca:. Reading lmccrsilc.7.
ALLAN. 1. R. P. Report to the Test and :,cir.. Fishm2
A,sodar,or. tin a ,cud•: of the impacts ni ;isn ia;:^,ir.e_ on the-
6 %hcric, and :i>htm_ in the Rivcrs Test anyHJmn-
shtrc. Cuusuirurr\ Report.
S D,,;Ls. R. Ann-pollutiun 1;1 s ;could uiDc out'^J!1 0duccrS.
f;Iit 1`armrr_ 19-1i. Jan.
1. Fun IJrm> ire ha,in;_ :c, •.�_;.- ;'_.-'.��a ste,
F;vir ^annt•r. !. Sc�i.. lu—=�1. ..
A copy of the diseussnrr, to i.^.i> paper. and a cope of :-: ;uil'.rrsion
of the proceeding,. :an be obtained from m,: Institution's
l icadouancrs.
I II( I I +uun a C..:.........
March 23, 1990
NPDES STAFF REPORT AND RECOMMENDATIONS
Haywood County
NPDES Permit No. NC0078662
PART I - GENERAL INFORMATION
1. Facility and Address: Jennings -Sunburst Trout farm
Lake Logan Road, NC Hwy 215
Canton, North Carolina
Mailing: Route 3 Box 513
Canton, North Carolina 28716
2. Date of Investigation: September 26, 1989
3. Report Prepared By: Max L. Haner
4. Persons Contacted and Telephone Number: Richard Jennings
(704) 648-3010
5. Directions to Site: Site A of the existing facility is located
adjacent to NC Hwy 215, approximately 5.3 miles south of its
intersection with US Hwy 276, south of Canton, N.C., and
immediately downstream (north) of the Lake Logan dam, Haywood
County. Site B is located adjacent (North) to the intersection
of NC Hwy 215 and NCSR 1111, approximately 2.6 miles north of
Site A, behind Riverside Church, Haywood County.
6. Discharge Points:
Site A - Latitude: 35 25 54 North
Longitude: 82 55 26 West
Site B - Latitude: 35 27 42 North
Longitude: 82 54 02 West
Attached is a USGS Map Extract indicating the treatment plant
site and discharge point on map.
USGS Quad No. or USGS Quad NameWaynesville, NC
7. Size (land available for expansion and upgrading): Site A-11 acres
Site B-22 acres
8. Topography (relationship to flood plain included): Not in Flood
Plain
9. Location of nearest dwelling: N/A
10. Receiving stream or affected surface waters: West Fork Pigeon
River (Site A,B)
a. Classifications: "WS-III Trout"
b. River Basin and Subbasin No.: French Broad Basin / 040305
C. Describe receiving stream features and pertinent downstream
uses: Pigeon River is used as water supply for the Town of
Canton
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of wastewater: 0% Domestic
100% Industrial
a. Volume of Wastewater: Flow Rate - Site A - 12,000 gpm
Site B - 18,000 gpm
b. Types and quantities of industrial wastewater: Trout Farm
C. Prevalent toxic constituents in wastewater: N/A
d. Pretreatment Program (POTWs only) N/A
in development approved
should be required not needed
2. Production rate (industrial discharges) in pounds: 500,000 lbs/yr
a. highest month in the last 12 months
b. highest year in last 5 years
3. Description of industrial process (for industries only) and N/A
applicable CFR Part and Subpart:
4. Type of treatment (specify whether proposed or existing):
Existing trout farm occupies two sites referenced in this report
as Sites A & B. Both sites discharge from trout rearing ponds to
the West Fork Pigeon River.
5. Sludge handling and disposal scheme: Manure from ponds land
applied on Site B.
6. Treatment plant classification: N/A
7. SIC Code: 0921
Wastewater Code: 29
PART III - OTHER PERTINENT INFORMATION
I. Is this facility being constructed with Construction Grants Funds
(municipals only)?
2. Special monitoring requests:
3. Additional effluent limits requests:
4. Other:
PART IV - EVALUATION AND RECOMMENDATIONS:
Jennings -Sunburst Trout Farm has submitted the Division Trout
Farm Questionaire indicating that the facility was producing more
than 20,000 pounds per year and feeding more than 5,000 pounds of
feed in the maximum month of feeding. This level requires
issuance of a NPDES Permit. It is recommended that a permit be
drafted for this operation in accordance with trout farm
Permitting procedures previously developed. Considering that
this farm exists at two locations (sites A&B) under the same
ownership, it is recommended that a single permit be issued with
discharges 001 &'002, respectively. Also, it is intended for all
trout farm permits to be issued at the same time scheduled for
later this year.
Sig ature of Report Preparer
vv I -v
ater Qualit Regional Supervisor
A
auMNo
;Ashe�ri!k, E e nnai Off ive
State of North Carolina ,Asheville, North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street •=Raleigh, North Carolina 27611
James G. Martin, Governor
William W Cobey, Jr., Secretary
Mr. Richard G. Jennings
Box 513, Rt. 3
Canton, NC 28716
Dear Mr. Jennings :
3/1/90 George T. Everett, Ph.D.
Director
Subject: NPDES Permit Application
NPDES Permit No.NC0078662
Jennings - Sunburst Trout Farm
Haywood County
This is to acknowledge receipt of the following documents on March 1, 1990:
Application Form
Engineering Proposal (for proposed control facilities),
Request for permit renewal,
Application Processing Fee of ,
Other ,
The items checked below are needed before review can begin:
Application Form ,
Engineering proposal (see attachment),
Application Processing Fee of
Delegation of Authority (see attached)
Biocide Sheet (see attached)
Other
If the application is not made complete within thirty (30) days, it will be
returned to you and may be resubmitted when complete.
This application has been assigned to Mack Wiggins
(919/733-5083) of our Permits Unit for review. You wiii be advised ot any
comments recommendations, questions or other information necessary for the
review of the application.
I am, by copy of this letter, requesting that our Regional Office
Supervisor prepare a staff report and recommendations regarding this
discharge. If you have any questions regarding this applications,
please contact the review person listed above.
Sincerely,
CC:- Asheville Regional Office �/ _ ` M. Dale Over,6-ash, P.E.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmadve Action Employer
1.
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
P.O. Box 27687 Raleigh, N.C. 27611
TROUT FARM QUESTIONNAIRE/APPLICATION
Legal• name of applicant:
2. Mailing AddJess
Street, Route, or P.O. Box No.
City of Town,,
County
State /Vc Zip Code jl
3. Telephone number
4. Name of facility
5. Ownership (check one)
a. Government -04
t
b . Private
C. Both Government and private
6. Is this facility ocated on tribal lands?
Yes No
7. Is this facility (check one) a. Existing
b. Proposed
8. Date facility was or will be constructed. (mo/yr)
9. Location of facility ?
a. City/Town (as applicable)
b . County (0� f:': l�
10. Give directions to this facility from the nearest Town
(use road numbers and mileage between points)
c
Trout Farm Questionnaire/Application
Page Two of Three
11. Attach a sketch or map (e.g. County Map or U.S. Geological
Survey Topographic Map) of the existing or proposed .000
facility with the following information marked: '-'*_ 1, A `��'
'.Jr
a. Approximate overall dimensions of the facility! I Z v
b. Direction and location of surface drainage and other >~ k
discharges from the facility. �'�{ ���� 1z--c
c. General location of streams in the area.
d. Location of area for manure disposal.
e. Discharge location.
12. Name of stream receiving discharge
13. Which type of system(s) do you use? (check one or more)
a. Ponds
b. Raceways
C. Water recycling
d. Oxygen injection
e. Mechanical aeration Iva
14. Describe your manure management system.(e.g. direct
discharge or land application method, frequency of
application, acres available, collection system, storage
capacity, etc.) //
15. Do you know of othe: trout farms which use the same stream?
Yes No J
If- yes list name of facilities
0
016. What is the es 'mated lo. flow of the receiving stream
< IYE 'S )-I) gallons per minute
17. What is the estimated discharge flow rate to the receiving
stream? i low to high range.
'Ui-l�, - r n gallons per minute
18. Is there a disc
Y�rge from the facility at least 30 days per
year? Yes No
19. How much trout is produced per year? 1� 0'a
poun,6s per year
v
20. What is the estimated total production capacity of the
facility after any proposed expansions?�--
pounds per year
Date of proposed expansion (mo/yr ) V_
21. Do you feed,more than_5,000 pounds of feed during the
calendar onth of maximum feeding?
Yes No
22. Do you pro trout for sale at this facility?
Yes No
If yes, please describe how you handle the processing
wastewater.
23. Have you ever applied for a state water pollution control
permit (NPDES permit) for this facility?
Yes No h''
24. If a state water pollution control permit for this facility
has been issued, give date and permit number.
a. Date of issuance (mo/dy/yr)
b. Permit number
25. Have you received, from a level of government, written
notice of complaint per fining to water pollution from this
facility?
Yes No
I certify that I am familiar with the information contained
in the application and that to the best of my knowledge and
belief such inf xmation is true, complete, and accurate.
am p rson signing Title
Prrinn
Signature of, ppl cant Date application signed
If you have questions, please contact the Division of
Environmental Management, Water Quality Section in Asheville at
704-251-6208, in Winston-Salem at 919-761-2013 or is Raleigh at
919-733-5083.
\J J
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State of North Carolina
Department of Environment,
Health and Natural Resources
D-iVision of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
RICHARD D. JENNINGS
JENNINGS-SUNBURST TROUT FARM
BOX 513, ROUTE 3
CANTON NC 28716
Dear Permittee:
September 30,1993
Subject: JENNINGS-SUNBURST TROUT FARM
Certificate of Coverage NCG530065
General Permit NCG530000
Formerly NPDES Permit NC0078662
Haywood County
The Division of Environmental Management has recently evaluated all existing individual permits for potential
coverage under general permits currently issued by the Division. 15A N.C.A.C. 2H .0127 allows the Division to
evaluate groups of permits having similar discharge activities for coverage under general permits and issue
coverage where the Division finds control of the discharges more appropriate in this manner. The Division has
determined that the subject discharge qualifies for such coverage. Therefore, the Division is hereby issuing the
subject Certificate of Coverage under the state-NPDES general permit no. NCG530000 which shall void NPDES
Permit NC0078662. This Certificate of Coverage is issued pursuant to the requirements of North Carolina and the
US Environmental Protection Agency Memorandum of Agreement dated December 6,1983 and as subsequently
amended.
If any parts, measurement frequencies or sampling requirements contained in this general permit are unacceptable to
you, you have the right to submit an individual permit application, associated processing fee and letter requesting
coverage under an individual permit. Unless such demand is made, this decision shall be final and binding. Please
take notice this Certificate of Coverage is not transferable. Part II, EA. addresses the requirements to be followed
in case of change of ownership or control of this discharge.
In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action, including those as may be required by this Division, such as the
construction of additional or replacement wastewater treatment or disposal facilities. Construction of any
wastewater treatment facilities will require issuance of an Authorization to Construct from this Division.
Failure to abide by the requirements contained in this Certificate of Coverage and respective general permit may
subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with
North Carolina General Statute 143-215.6A to 143- , 215.6C. Please note that the general permit does require
monitoring in accordance with federal law. The monitoring data is not required to be submitted to the Division
unless specifically requested, however, the permittee is required to maintain all records for a period of at least
three (3) years.
Post Office Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled - 10% post -consumer paper
Page 2
RICHARD D. JENNINGS
JENNINGS-SUNBURST TROUT FARM
Certificate of Coverage No. NCG530065
The issuance of this Certificate of Coverage is an administrative action initiated by the Division of
Environmental Management and therefore, no fees are due at this time. In accordance with current rules, there
are no annual administrative and compliance monitoring fees for coverage under general permits. The only fee
you will be responsible for is a renewal fee at the time of renewal. The current permit expires July 31, 1997.
This coverage will remain valid through the duration of the attached general permit. The Division will be
responsible for the reissuance of the general permit and at such time, you will be notified of the procedures to
follow to continue coverage under the reissued permit. Unless you fail to follow the procedures for continued
coverage, you will continue to be permitted to discharge in accordance with the attached general permit.
The issuance of this Certificate of Coverage does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances which may be required by the Division of Environmental Management
or permits required by the Division of Land Resources, the Coastal Area Management Act or any Federal or
Local other governmental permit that may be required.
If you have any questions or need additional information regarding this matter, please contact either the
Asheville Regional Office, Water Quality Section at telephone number 704/ 251-6208, or a review engineer in
the NPDES Group in the Central Office at telephone number 919/733-5083.
Sincerely,
A. Preston Howa tr., P.E.
cc: Asheville Regional Office
Central Files
"I',) y
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
GENERAL PERMIT NO. NCG530000
CERTIFICATE OF COVERAGE No. NCG530065
TO DISCHARGE SEAFOOD PACKING AND RINSING, FISH FARMS AND SIMILIAR WASTEWATERS
UNDER THE
NATIONAL POLLUNTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
JENNINGS-SUNBURST TROUT FARM
is hereby authorized to discharge seafood packing and rinsing, fish farm or similiar wastewaters from a
facility located at
JENNINGS-SUNBURST TROUT FARM
Haywood County
to receiving waters designated as the W.FK PIGEON RVR/FRENCH BROAD RVR BSN
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II,
III and IV. of General Permit No. NCG530000 as attached.
This certificate of coverage shall become effective November 1, 1993.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day, September 30, 1993.
By Authority of the Environmental Management Commission
— _
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RECEIVED
water Quality Section
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State of North Carolina �Ashevilie 'Regions; offl
Department of Environment, Health, and Natural Resources Asheville, North Carolina
Division of Environmental Management
512 North Salisbury Street 9 Raleigh, North Carolina 27611
James G. Mardn, Governor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
December 17, 1990
Mr. Richard D. Jennings
Box 513, Route 3
Canton, NC 28716
Subject: Permit No. N00078662
Jennings -Sunburst Trout Farm
Haywood County
Dear Mr. Jennings:
In accordance with your application for discharge permit received on February
26, 1990, we are forwarding herewith the subject State - NPDES permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-215.1 and
the Memorandum of Agreement between North Carolina and the US Environmental Protection
Agency dated December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in
this permit are unacceptable to you, you have the right to an adjudicatory hearing
upon written request within thirty (30) days following receipt of this letter. This
request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings,
Post Office Drawer 11666, Raleigh, North Carolina 27604. Unless such demand is made,
this decision shall be final and binding.
Please take notice that this permit is not transferable. Part II, E.4
addresses the requirements to be followed in case of change in ownership or control of
this discharge.
This permit does not affect the legal requirements to obtain other permits
which may be required by the Division of Environmental Management or permits required
by the Division of Land Resources, Coastal Area Management Act or any other Federal or
Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Mr. Mack
Wiggins at telephone number 919/733-5083.
Sincerely,
Original Signed By
Donald Safrit for
George T. Everett
cc: Mr. Jim Patrick, EPA
i
Pollution Prevention Pays
P.O. Box 27.687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Fni ul Onnnrh inity Aflirmativp Arhinn Fmninver
Permit No. NCO078662
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1,
other lawful standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Mr. Richard G. Jennings
is hereby authorized to discharge wastewater from a facility located at
Jennings - Sunburst Trout Farm
adjacent to NC Hwy 215 & NCSR 1111
north of Lake Logan (site A),
Riverside community (site B)
Haywood County
to receiving waters designated as West Fork Pigeon River in the French Broad River Basin
in accordance with effluent limitations, monitoring, requirements, and other conditions set forth in
Parts I, II, and III hereof.
This permit shall become effective December 17,1990
This permit and the authorization to discharge shall expire at midnight on March 31,1995
Signed this day December 17, 1990
Original Signed By.
Donald Safrit for
George T. Everett, Director
Division of Environmental Management
By Authority of the Environmental Management Commission
i
Permit No. NCO078662
SUPPLEMENT TO PERMIT COVER SHEET
Mr. Richard G. Jennings
is hereby authorized to:
1. Continue to discharge wastewater from trout rearing ponds at sites A & B located at Jennings -
Sunburst Trout Farm, adjacent to NC Hwy 215 & NCSR 1111, north of Lake Logan (site. A),
Riverside community (site B), Haywood County (See Part III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map into West Fork
Pigeon River which is classified Class WS-III'-Trout waters in the French Broad River Basin.
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PART I
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the
permit unless specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of
compliance, the permittee shall submit either a report of progress or, in the case of specific
actions being required by identified dates, a written notice of compliance or noncompliance..
In the latter case, the notice shall include the cause of noncompliance, any remedial actions
taken, and the probability of meeting the next schedule requirements.
Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A DEFINITION
I. Permit Issuing Auth=,y
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of Environment, Health
and NaturalResources.
3. EMC
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,
33 USC 1251, et. seq.
5. Mass Day Measurement
a. The "monthly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during a calendar month on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or
measured during such month. It is therefore, an arithmetic mean found by adding the
weights of the pollutant found each day of the month and then dividing this sum by the
number of days the tests were reported. The limitation is identified as "Monthly
Average" in Part I of the permit.
b. The "weekly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during the calendar week (Sunday - Saturday) on which daily
discharges are sampled and measured, divided by the number of daily discharges
sampled and/or measured during such week. It is, therefore, an arithmetic mean found
by adding the weights of pollutants found each day of the week and then dividing this
sum by the number of days the tests were reported. This limitation is identified as
"Weekly Average" in Part I of the permit.
c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged
during a calendar day. If only one sample is taken during any calendar day the weight
of pollutant calculated from it is the "maximum daily discharge." This limitation is
identified as "Daily Maximum," in Part I of the permit.
Part Il
Page 2 of 14
d. The "average annual discharge" is defined as the total mass of all daily discharges
sampled and/or measured during the calendar year on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or
measured during such year. It is, therefore, an arithmetic mean found by adding the
weights of pollutants found each day of the year and then dividing this sum by the
number of days the tests were reported. This limitation is defined as "Annual Average"
in Part I of the permit
6. Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum
of the concentrations of all daily discharges sampled and/or measured during a calendar
month on which daily discharges are sampled and measured, divided by the number of
daily discharges sampled and/or measured during such month (arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted
by flow value) of all the samples collected during that calendar day. The average
monthly count for fecal coliform bacteria is the geometric mean of the counts for
samples collected during a calendar month. This limitation is identified as "Monthly
Average" under "Other Limits in Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum
of the concentrations of all daily discharges sampled and/or measured during a calendar
week (Sunday/Saturday) on which daily discharges are sampled and measured divided
by the number of daily discharges sampled and/or measured during such week
(arithmetic mean of the daily concentration values). The daily concentration value is
equal to the concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected during that
calendar day. The average weekly count for fecal coliform bacteria is the geometric
mean of the counts for samples collected during a calendar week. This limitation is
identified as "Weekly Average" under "Other Limits" in Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant discharge during
a calendar day. If only one sample is taken during any calendar day the concentration
of pollutant calculated from it is the "Maximum Daily Concentration". It is identified
as 'Daily Maximum" under "Other Limits" in Part I of the permit.
d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of
the concentrations of all daily discharges sampled and/or measured during a calendar
year on which daily discharges are sampled and measured divided by the number of
daily discharges sampled and/or measured during such year (arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted
by flow value) of all the samples collected during that calendar day . The average
yearly count for fecal coliform bacteria is the geometric mean of the counts for samples
collected during a calendar year. This limitation is identified as "Annual Average"
under "Other Limits" in Part I of the permit.
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable
amount of dissolved oxygen required to be available in the effluent prior to discharge
averaged over a calendar day. If only one dissolved oxygen sample is taken over a
calendar day, the sample is considered to be the "daily average concentration" for the
discharge. It is identified as "daily average" in the text of Part I.
Part II
Page 3 of 14
f. The "quarterly average concentration" is the average of all samples taken over a
calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I
of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through
March, April through June, July through September, and October through December.
7. Qther Measurements
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow,
averaged monthly. It is determined as the arithmetic mean of the total daily flows
recorded during the calendar month:
b. An "instantaneous flow measurement" is a measure of flow taken at the time of
sampling, when both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement is a measure of discharge flow from the facility
which occurs continually without interruption throughout the operating hours of the
facility. Flow shall be monitored continually except for the infrequent times when
there may be no flow or for infrequent maintenance activities on the flow device.
8. Types of Samples
a. Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of
discharge and combined proportional to the rate of flow measured at the time of
individual sample collection, or
(2) a series of grab samples of equal volume collected over a 24 hour period with the
time intervals between samples determined by a preset number of gallons passing
the sampling point. Flow measurement between sample intervals shall be
determined by use of a flow recorder and totalizer, and the present gallon interval
between sample collection fixed at no greater than 1/24 of the expected total daily
flow at the treatment system, or
(3) a single, continuous sample collected over a 24 hour period proportional
to the rate of flow.
In accordance with (1) above, the time interval between influent grab samples shall be
no greater than once per hour, and the time interval between effluent grab samples shall
be no greater than once per hour except at wastewater treatment systems having a
detention time of greater than 24 hours. In such cases, effluent grab samples may be
collected at time intervals evenly spaced over the 24 hour period which are equal in
number of hours to the detention time of the system in number of days. However, in
no case may the time interval between effluent grab samples be greater than six (6)
hours nor the number of samples less than four (4) during a 24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually.
9. Calculation of Mean
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.
Part II
Page 4 of 14
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the
product of the individual values where N is equal to the number of individual values.
The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms
of the individual values. For purposes of calculating the geometric mean, values of
zero (0) shall be considered to be one (1).
c. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective
flows.
M*t • R a 0 M
A calendar day is defined as the period from midnight of one day until midnight of the next
day. However, for purposes of this permit, any consecutive 24-hour period that
reasonably represents the calendar day may be used for sampling.
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant
to Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water
Act.
1. DIM to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is ground for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of a permit
renewal application.
a. The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants within the time provided in
the regulations that establish these standards or prohibitions, even if the permit has not
yet been modified to incorporate the requirement.
b. Any person who violates a permit condition is subject to a civil penalty not to exceed
$25,000 per day for each violation. Any person who negligently violates any permit
condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates
permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who
violates a permit condition may be assessed an administrative penalty not to exceed
$10,000 per violation with the maximum amount not to exceed $125,000. [Ref: 40
CFR 122.41(a)]
Part II
Page 5 of 14
2. Duty to Miti a=
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power
Failures" (Part II, B-6), nothing in this permit shall be construed to relieve the permittee
from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS
143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the
permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and HazU
.dgus Subs ance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee
is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act,
33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such
as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
5. Progeny— h e
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or
any invasion of personal rights, nor any infringement of Federal, State or local laws or
regulations.
6. Onshore or Off pore onetruction
This permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
7. v ,r ili
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit, shall
not be affected thereby.
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating this permit or to determine
compliance with this permit. The permittee shall also furnish to the Permit Issuing
Authority upon request, copies of records required to be kept by this permit.
9. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain a new permit.
l
10. Expiration of Permit
Part II
Page 6 of 14
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit
such information, forms, and fees as are required by the agency authorized to issue permits
no later than 180 days prior to the expiration date. Any discharge that has not requested
renewal at least 180 days prior to expiration, or any discharge that does not have a permit
after the expiration and has not requested renewal at least 180 days prior to expiration, will
subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33
USC 1251 et. seq.
11. Si atory RequiremPnrc
All applications, reports, or information submitted to the Permit Issuing Authority shall be
signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary, treasurer
or vice president of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision making functions for the
corporation, or (b) the manager of one or more manufacturing production or
operating facilities employing more than 250 persons or having gross annual sales
or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to
sign documents has been assigned or delegated to the manager in accordance with
corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position of
plant manager, operator of a well or well field, superintendent, a position of
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.);
and
(3) The written authorization is submitted to the Permit Issuing Authority.
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C. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification:
" I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of
my knowledge and believe, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fines
and imprisonment for knowing violations.
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause.The filing of a
request by the permittee for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance does not
stay any permit condition.
13. Permit Modification Revocation and Reissuance or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening
and modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal
Regulations, Parts 122 and 123; Title 15 of the North Carolina Administrative Code,
Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
14. previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this
facility, whether for operation or discharge, are hereby revoked by issuance of this permit.
The conditions, requirements, terms, and provisions of this permit authorizing discharge
under the National Pollutant Discharge Elimination System govern discharges from this
facility.
SECTION C. OPERATION AND MAINTENAN F OF POLLUTION -CONTROLS
1. Certified On re ator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall
employ a certified wastewater treatment plant operator in responsible charge (ORC) of the
wastewater treatment facilities. Such operator must hold a certification of the grade
equivalent to or greater than the classification assigned to the wastewater treatment
facilities. The permittee shall notify the Division's Operator Training and Certification Unit
within five days of any change in the ORC status.
Part II
Page 8 of 14
2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary facilities or
similar systems which are installed by a permittee only when the operation is necessary to
achieve compliance with the conditions of the permit.
3. Need to Halt or Red ice not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
4. Bypassing of Treatment Facilitie
a. Definitions
(1) 'Bypass" means the known diversion of waste streams from any portion of a
treatment facility including the collection system, which is not a designed or
established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage
to the treatment facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected to occur
in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations
to be exceeded, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of
this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass
as required in Part II, E. 6. of this permit. (24-hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action
against a permittee for bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal injury or severe
property damage;
Part II
Page 9 of 14
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate
backup equipment should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
(c) The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering
its adverse affects, if the Permit Issuing Authority determines that it will meet the
three conditions listed above in Paragraph d. (1) of this section.
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations because of
factors beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or
improper operation.
b. Affect of an upset.
An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the
requirements of paragraph c. of this condition are met. No determination made during
administrative review of claims that noncompliance was caused by upset, and before an
action for noncompliance, is final administrative action subject to judicial review.
C. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence
that:
(a) An upset occurred and that the permittee can identify the cause(s) of the upset;
(b) The permittee facility was at the time being properly operated; and
(c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of
this permit.
(d) The permittee complied with any remedial measures required under Part II, B. 2. of
this permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.
Sri
6. Removed Substances
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Page 10 of 14
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a
manner such as to prevent any pollutant from such materials from entering waters of the
State or navigable waters of the United States. The permittee shall comply with all existing
federal regulations governing the disposal of sewage sludge, and with applicable 40 CFR
Part 503 Standards for the Use and Disposal of Sewage Sludge when promulgated. Upon
promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for
the disposal of sludge may be reopened and modified, or revoked and reissued, to
incorporate applicable requirements at 40 CFR Part 503. The permittee shall notify the
Permit Issuing Authority of any significant change in its sludge use or disposal practices.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM
Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H, .0124
Reliability, to prevent the discharge of untreated or inadequately treated wastes during
electrical power failures either by means of alternate power sources, standby generators or
retention of inadequately treated effluent.
SECTION D. MOMT RM AND RECORDS
1. Representative Saline
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than
daily shall be taken on a day and time that is characteristic of the discharge over the entire
period which the sample represents. All samples shall be taken at the monitoring points
specified in this permit and, unless otherwise specified, before the effluent joins or is
diluted by any other wastestream, body of water, or substance. Monitoring points shall
not be changed without notification to and the approval of the Permit Issuing Authority.
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each
month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No.
MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later
than the 30th day following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in
the case of a new facility, on the last day of the month following the commencement of
discharge. Duplicate signed copies of these, and all other reports required herein, shall be
submitted to the following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 27687
Raleigh, North Carolina 27611
Part H
Page 11 of 14
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges. The devices shall be installed, calibrated and
maintained to ensure that the accuracy of the measurements are consistent with the accepted
capability of that type of device. Devices selected shall be capable of measuring flows with
a maximum deviation of less than + 10% from the true discharge rates throughout the range
of expected discharge volumes. Once -through condenser cooling water flow which is
monitored by pump logs, or pump hour meters as specified in Part I of this permit and
based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedure
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts,
and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal
Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels that are below the permit discharge
requirements and all data generated must be reported down to the minimum detection or
lower reporting level of the procedure. If no approved methods are determined capable of
achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level)
approved method must be used.
5. Penalties for Tamn�nn&
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
6. Records Retention
The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this permit, for a period of at least 3
years from the date of the sample, measurement, report or application. This period may be
extended by request of the Director at any time.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the
permittee shall record the following information:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Part II
Page 12 of 14
8. Inpection and Entry
The permittee shall allow the Director, or an authorized representative, upon the
presentation of credentials and other documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION E REPORTIN REO Ti FMENT
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant identified in this permit more frequently than or at a
level in excess of that authorized shall constitute a violation of the permit.
2. Planned Chan2es
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity
of pollutants discharged. This notification applies to pollutants which are subject
neither to effluent limitations in the permit, nor to notification requirements under 40
CFR Part 122.42 (a) (1).
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in noncompliance with permit requirements.
4. Transfers
This permit is not transferable to any person except after notice to the Director. The
Director may require modification or revocation and reissuance of the permittee and
incorporate such other requirements as may be necessary under the Clean Water Act.
Part II
Page 13 of 14
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See
Part II. D. 2. of this permit).
b. If the permittee monitors any pollutant more frequently than required by the permit,
using test procedures specified in Part 1I, D. 4. of this permit, the results of this
monitoring shall be included in the calculation and reporting of the data submitted in the
DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall
be provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time
the permittee becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph.
(A) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(B) Any upset which exceeds any effluent limitation in the permit.
(C) Violation of a maximum daily discharge limitation for any of the pollutants listed by
the Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24
hours.
7. Other Noncom fiance
The permittee shall report all instances of noncompliance not reported under Part 11. E. 5
and 6. of this permit at the time monitoring reports are submitted. The reports shall contain
the information listed in Part II. E. 6. of this permit.
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information.
Part H
Page 14 of 14
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case more than 24 hours or on the next
working day following the occurrence or first knowledge of the occurrence of any of the
following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as
the dumping of the contents of a sludge digester; the known passage of a slug of
hazardous substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion. of the influent to
such station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 15 days following first knowledge of the occurrence.
10. Availability of Rep
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308
of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division of Environmental Management.
As required by the Act, effluent data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Report
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or change the type of process utilized at the treatment plant shall be begun until Final
Plans and, Specifications have been submitted to the Division of Environmental Management
and written, approval and Authorization to Construct has been issued.
B . Groundwater Monitorina
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the compliance
of this NPDES permitted facility with the current groundwater standards.
C. changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to
believe:
a. That any activity has occurred or will occur which would result in the discharge, on a
routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following "notification levels';
(1) One hundred micrograms per liter (100 ug/1);
(2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred
micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for
2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the permit
application.
b. That any activity has occurred or will occur which would result in any discharge, on a
non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if
that discharge will exceed the highest of the following "notification levels";
(1) Five hundred micrograms per liter (500 ug/1);
(2) One milligram per liter (1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit
application.
Part III Permit No. NCO078662
D. Upon (findings by the Division of Environmental Management that impacts on the receiving
stream > by the operation of this facility are sufficient to cause violations of water quality
standards, this permit shall be revoked and reissued, or, modified to require such measures,
including but not limited to, monitoring and reporting, initiation of specific management
practices, or construction and operation of additional treatment facilities.
s,
E. There shall be no additional construction for the purpose of increasing production at this
facility without prior approval by the Division.
} F
PART IV
ANNUAL ADMINISTERING'AND,COMPLIANCE FEE REQUIREMENTS
A. The permittee must pay the annual administering and compliance fee within 30
(thirty) days after being billed by the Division. Failure to pay the fee in a
timely manner in accordance with 15 NCAC 2H .0105(b)(4) may cause this Division
to initiate action to revoke the permit.
Annual Monitoring Report for Permitted Trout Farms
1. Production year
2. Name of facility
3. Permit number
4. How much trout was produced this year?
5. How much feed was consumed this year. ? pounds
tons
6. Describe the waste management system(s) you used this year
(e.g. direct discharge, land application, etc)
•
7. Submit the following records for waste management practices
involving land application, if available. Contact the
Agricultural Extension Service, Soil Conservation Service,
or the Agronomic Division of the Department of Agriculture for
more information on soil testing, waste analysis, and nutrient
budgets.
a. Location of land application
b. Extent in acres
c. Name of stream (river) which drains this land
d. Copy of waste analysis report.
e. Copy of soil test report.
f. Copy of nutrient balance worksheet.
g. Volume of waste applied
h. Method of application
8. If water quality sampling was conducted,, submit a copy of
results.
I certify that I am familiar with the information contained
in the form and that to the best of my knowledge and belief such
information is true, complete, and accurate.
Printed name 15ate signed
Signature