HomeMy WebLinkAboutNCG530087_Regional Office Historical File 1991 to 2016err
1 .o
Water Resources
ENVIRONMENTAL QUALITY
August 5, 2016
John Patrick Graf
Cruso Trout Farm
9072 Cruso Road
Canton, NC 28716
SUBJECT: Compliance Evaluation Inspection
Cruso Trout Farm
Permit No: NCG530087
Haywood County
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
Dear Mr. Graf:
find a coy of the Compliance Evaluation Inspection foKfr Mitcinspection
ell Zan Price, e, and Tim
nducted on
Enclosed please P
July 27, 2016. The Compliance Evaluation Inspection was conducted by eared to be in compliance
Fox of the Asheville Regional Office. The facilityDivision of Watertly in Resourcestif youum end to resume operation. i f
with permit NCG530087. Please notify the Divi
to rescind this permit, please send a letter to Charles Weaverno longer needed.rescission
Mailing address for
you would like
Include the permit number and a brief description of why the permit is g
Charles Weaver:
Division of Water Resources
NPDES Compliance & Expedited Permit Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
for observations and comments. If you or your staff have any
Please refer to
the enclosed inspection report
questions, please call me at 828-296-4500.
Sincerely,
4----
Zkce, PE
Assistant Regional Supervisor
Asheville Regional Office
Enc.
cc: MSC 1617-Central Files -Basement
Asheville Files
od\Wastewater\General\NCG53 Trout Farms\NCG530087 GraflCEL07-27-2016_Gra£docx
G:\Wg\�rQ\gaywo
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70 Swa manoa, NC 28778
828 296 4500
United States Environmental Protection Agency Form Approved.OMB No. 2040-0057
Washington, D.C. 20460 Approval expires 8-31-98
EPA Water compliance Inspection Report
Section A: National Data System Coding (i.e., PCS)
yr/mo/day Inspection Type Inspector FacType
NPDES 18 , 1 19 I s I 20
Lj
Transaction Code I11 12 16/07/27 17 (� J l_!
2 I� j 3 I NCG530087 I
21 LI I
B1
QA -----------------Reserved----------
$
Inspection Work Days Facility Self -Monitoring Evaluation Rating 71 Lj 72 l N 73' I 174 75
70 N I 1 1
67
Section B: Facility Data
Entry Time/Date Permit Effective Date
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
12:OOPM 16/07/27 12/08/01
POTW name and NPDES permit Number)
Exit-rime/Date Permit Expiration Date
Cruso Trout Farm 12:30PM 16/07/27 17/07/31
13177 Cruso Rd
Canton NC 28716
Other Facility Data
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Name, Address of Responsible Official/Title/Phone,and Fax Number
Contacted
John Patrick Graf,9072 Cruso Rd Canton NC 28716/1828-235-8594/
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
® Permit ® Operations & Maintenance ® Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspectors)
George A Price
Signature of Management Q A Reviewer
Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Agency/Office/Phone and Fax Numbers
ARO WQ//828-296-4500/
Agency/Office/Phone and Fax Numbers
Date
Date
Page# 1
I
NPDES
3[ NC2530087 I11
yr/mo/day Inspection Type
12 16/07/27 117 18101
(Cont.) 1
acuun 1:'Jummary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Site was inspected on July 27, 2016 by Kevin Mitchell, Tim Fox, and Zan Price with the Asheville
Regional Office. The owner was not present during the inspection, but Zan Price spoke with Mr. Graf
after the inspection.
The site visit began with an evaluation of the intake structure on the East Fork Pigeon River followed by
observations of the trout raceways from outside of the chain link fence and an evaluation of the eflu
channel. The intake structure is located along the left streambank just upstream from a boulderent
cross. -vane that was installed after the floods in 2004 as part of the Emergency Water Protection
(EWP) program (DWQ Project# 05-1304). Minimal flow from the river was entering the intake
e
No trout were observed in the raceways. The effluent channel was observed downstream of th
farm. There did not appear to be any impacts to water quality in the receiving stream. a trout
Mr. Graf intends to resume operation of the farm once he can modify the intake structure to divert
additional flow from the river. Please contact the Division of Water Resources and/or the US Army
Corps of Engineers to determine any permitting requirements for modifying the intake structure.
Page# 2
owner - Facility: Cruso Trout Farm
Permit: NCG530087 compliance Evaluation
Inspection Type:
Inspection Date: 07127/2016
Yes No NA NE
Operations & Maintenance
❑
Is the plant generally clean with acceptable housekeeping?
❑ ❑
® 0
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable
Solids, pH, DO, Sludge Judge, and other that are applicable?
Facili has not been in operation for the ast four ears due to low flow conditions and
Comment:
position of intake in the river.
Yes No NA NE
Permit
(If the present permit expires in 6 months or less). Has the permittee submitted a new
application?
Is the facility as described in the permit?
❑ ®
❑ ❑
# Are there any special conditions for the permit?
® ❑
❑ ❑
Is access to the plant site restricted to the general public?
El®
❑ ❑
Is the inspector granted access to all areas for inspection?
feme.
Comment: The racewa s were fenced in. The ins ectors sfrom could Ithe intake structureoThe nsh ectors
Minimal flow was bein diverted to the racewa
structure and effluent channel Site not current) bein
o erated as a
observed the intake
trout farm.
Page# 3
F.WA
NCDENR S
North Carolina Department of Environment and Natural Resource
Division of Water Quality
William G. Ross, Jr., Secretary
Michael F. Easley, Governor Coleen H. Sullins, Director
July 30, 2007
John Patrick Graf
9072 Cruso Rd 28716
Canton, NC
Subject: Renewal of coverage / General Permit NCG530OOO
Cruso Trout Farm
Certificate of Coverage NCG530087
Haywood County
Dear Permittee:
In accordance with your renewal application [received on January 22, 2007], the Division is renewing
is issued pursuant to the
Certificate of Coverage (CoC) NCG530O87 to discharge530000andnm of Agreement between North
requirements of North Carolina General Statue 143-215 1 and the emor1994 [or as subsequently .amended].
Carolina and the US Environmental Protection agency dated May 9,
lib requirements contained in this General Permit are
If any parts, measurement frequencies or samp g q submitting an individual p
unacceptable to you, you have the right to request an individual permit by
application. Unless such demand is made, the certificate of coverage shall be final and binding.
ce to the
Ple
ase take notice that this Certificate of Coverage is not transferablesuable of the certificate noti of coverage.
Division. The Division may require modification on anv sale otion r transfer of the permitted facility.
Regional V
This permit does not affect the legal requirements
D v is on of Land Resources, tain other permits 1Co s ch may be required by
Coastal Area
the Division of Water Quality or permits required by
theManagement Actor any other Federal or Local governmental permit that may be required.
uestions concerning the requirements of the General Permit, please contact Joe
If you have any q
Corporon [919 733-5083, extension 597 or joe.corporon@ncmail.net].
Sincerely,.�
i
for Coleen H. Sullins
cc: Central Files
Asheville Regional office /Surface Water Protection
NPDES file
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
J U L 3 1 2007 i
WATER QUALITY SECTION
>" ASHEVILLE R__�G�ON?L OFFICE x
NorthCarolina
)Wi rally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NCG530000
OF C
DISCHARGE SEAFOOD PACKING & RINSING, FISH FARM AND SIMILAR WASTEWATERS
UNDER THE
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,
John Patrick Graf
is hereby authorized to discharge trout farm wastewater from a facilitylocated ed at
Cruso Trout Farm
13177 Cruso Rd
Haywood County
to receiving waters designated as the East Fork Pigeon River 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
A��
MCI ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality I• G Ross Jr Secretary
Michael F. Easley, Governor
John Patrick Graf
Cruso Trout Farm
9072 Cruso Rd
Canton, NC 28716
Wtllall, . ,
Alan W. Klimek, P.E., Director
January 11, 2007
Subject: Renewal Notice / General Permit NCG530000
Certificate of Coverage NCG530087
Haywood County
Dear Permittee:
or fish packing / rinsing facility
You are
receiving this notice because you currently operate a Jul � 2007. Federal (40 CFR 122.41)
covered under the subject General Permit. NCG530000 will expire on permit
least renewal applications be filed at
and North Carolina (15A NCAC 2H•the cue)) regulations
require that satisfy the requirement, the Division must receive
least 180 days prior to expiration of
a renewal request postmarked no later than February 1, 2007. August 1, 2002. The
The Certificate of Coverage (CoC) spe
cific to your property was last issued on
Division needs information from you to determine if coverage under NCG550000 is still necessary.
erty still has a wastewater system like the ones described in the enclosed Technical
➢ If your prop
Bulletin, you must renew the subject CoC.
➢ If you are not sure what type of system your property has, contact Keith Haynes 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. to a waterbody, contact me at the address or
➢ If you know that your facility no longer discharges
phone number listed below to request rescission of the CoC.
ed application form. shows the information the Division has on file for your property. Please
The attach pP Complete the additional
verify that the provided information is correct, orlm d form should be submitted t the address listed below
questions, then sign and date the form. The comp
the signature block.
questions concerning this matter, please contact me at the telephone number or e-mail
If you have any q is one of over 1400 that I
address listed below. (If it is difficult to reach me, p ur-lease be aware that your facility cation to this matter
<d. { k. !dav�7'�a :-tit .i, d.
am contacting regarding the renewal of sevfQ
eral General Permits.) ThanksQ.x Y
atte
Sincerely, m -- .—.--s--
JAN 1 7 2007 !�
Charles H. Weaver; Jr.
NPDES Unit_
RE:
N^' � c
I
cc: Central Files
Asheville Regional Office / Keith Haynes
Q.
NYllE�) Me One
1617 Mail Service Center, Raleigh, North Carolina 276991617 NorthCarolina
512 North Salisbury Street, Raleigh, North Carolina 27604 -& A Aai�ially
Phone: 919 733-5083,extension 511 / FAX 919 733-0719 / charles.weaver@ncmail.net
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% post Consumer Paper
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
JOHN PATRICK GRAF
CRUSO TROUT FARM
9072 CRUSO ROAD
CANTON, NC 28716
&fflVWA�•
A7_61NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 26, 2002 J} 2�p2
Subject: Reissue - NPDES Wastewater Discharge Permit
Cruso Trout Farm
COC Number NCG530087
Haywood County
Dear Permittee:
In response to your renewal application for continued coverage under general permit NCG530000, the Division of
Water Quality (DWQ) is forwarding herewith the reissued wastewater general permit Certificate of Coverage
(COC). This COC is reissued pursuant en he state of North Carolina and the U.S Environmental Protection Agency,
Memorandum of Agreement b
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 relieve the is it does
stnot from responsibility
requirements to obtain other permits which may be required by DENR or r
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
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
John Patrick Graf
Cruso Trout Farm
Route 2
Canton, NC 28716
Dear Permittee:
Jul 9 jU7 1�
1998 r
LE Ifit
Subject: Certificate of Coverage No. NCG530087
Renewal of General Permit
Cruso Trout Farm
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 from the effective date on the permit until July 31, 2002. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of
Agreement between North Carolina and the U.S. Environmental Protection Agency dated December 6, 1983. If any
parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have
the right to request an individual permit by submitting an individual permit application. Unless such demand is
made, this certificate of coverage shall be final and binding.
The Certificate of Coverage for your facility is not transferable except after notice to the Division. Use the enclosed
Permit Name/Ownership Change form to notify the Division if you sell or otherwise transfer ownership of the
subject facility. The Division may require modification or revocation and reissuance of the Certificate of Coverage.
If your facility ceases discharge of wastewater before the expiration date of this permit, contact the Regional
Office listed below at (704) 251-6208. Once discharge from your facility has ceased, this permit may be rescinded.
This permit does not affect the legal requirements to obtain other permits which may be required by the Division of
Water Quality, the Division of Land Resources,Coastal Area Management Act or any other Federal or Local
governmental permit that may be required.
If you have any questions concerning this permit, please contact the NPDES Group at the address below.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Central Files
Asheville Regional Office
NPDES File
Facility Assessment Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 (919) 733-5083 FAX (919) 733-0719 p&e@dem.ehnr.state.nc.us
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG530000
CERTIFICATE OF COVERAGE NO. NCG530087
TO DISCHARGE WASTEWATER FROM FISH FARMS, SEAFOOD PACKING &
RINSING AND SIMILAR WASTEWATERS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
gmpliance with the provision of North Carolina General Statute 143-215.1, other lawful standards
- &id regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Cruso Trout Farm
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
Route 2
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, III and IV of General Permit No. NCG530000 as attached.
This certificate of coverage shall become effective August 1, 1997.
This certificate of coverage shall remain in effect for the duration of the General Permit.
Signed this day July 23, 1997.
V7/A. Preston Howard, Jr., P.E., 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
Gregory J. Thorpe, Ph.D., Acting Director
JOHN PATRICK GRAF
CRUSO TROUT FARM
RT 2
CANTON, NC 28716
11/26/2001
Subject: NPDES Wastewater Permit Coverage Renewal
Cruso Trout Farm
COC Number NCG530087
Haywood County
Dear Permittee:
Your facility is currently covered for wastewater discharge under General Permit NCG530000. This permit expires
on July 31, 2002. Division of Water Quality (DWQ) staff is in the process of rewriting this permit with a
scheduled reissue in the summer of 2002. Once the permit is reissued, your facility would be eligible for continued
coverage under the reissued permit.
In order to assure your continued coverage under the general permit, you must apply to the DWQ for renewal of
your permit coverage. To make this renewal process easier, we are informing you in advance that your permit
coverage will be expiring. Enclosed you will find a general permit coverage renewal application form. This
will serve as your application for renewal of your permit coverage. The application must be completed and
returned with the required information by February 01, 2002 in order to assure continued coverage under the
general permit. There is no renewal fee associated with this process. Your facility will be invoiced for the annual
permit fee at a later date.
Failure to request renewal within this time period may result in a civil assessment of at least $250.00. Larger
penalties may be assessed depending on the delinquency of the request. Discharge of wastewater from your facility
without coverage under a valid wastewater NPDES permit would constitute a violation of 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
plat ease
contact
he eshevillt. 57ge Regional
Office at 828-251-6208 or Aisha Lau of the Central Office Stormwater Unit
Sincerely,
hA
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater and General Permits Unit Files
Asheville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal opportunity Affirmative Action Employer
50% recycled/ 10% post -consumer paper
STATE
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
h Sal' bu Street • Raleigh, North Carolina 27604
512 Nort is ry
George T. Everett, Ph.D.
James G. Martin, Governor March 18, 1992 Director
William W. Cobey, Jr., Secretary
Mr. John Graf
c/o East Park Lumber Company
Route 2
Canton, North Carolina 28716
Dear Mr. Graf:
Subject:
Attached hereto is a copy of
to John Graf dated March 18, 1992.
Certification Pursuant to Section 401
Clean Water Act,
Proposed Trout farm intake and raceway
Project # 91329, COB # 199102175
Haywood County
Certification No. 2708 issued
if we can be of further assistance,
contact us.
Sincerely,
of the Federal
do not hesitate to
orge T. Everett
Attachments
cc: WrpsnofoEngineersDistrict
AshevEngineers
ille RegionalOffice
Coorp
Asheville DEM Regional office RECE
Mr. John Dorney Water Qu s y c ;tiOg
Mr. John Parker
Central Files
°
.+;,.
1� i
Asheville 'Ne , z si Ui
REGIONALOFRCES Asbeviile, North Carafire
Asheville Fayetteville Mooresville Raleigh
Washington Wilmington Winston-Salem
704/251-6208 9191486-1541 704/663-1699 9119/7 Pr-2314 evention91Pays6 6481 919/395 3900 919/896-700
pollution
P.O. Box 29535, Raleigh, N ortun t� Aff mative Action Employer ephone 919 733-701
An Equal Opp Y
NORTH CAROLINA
Hy-� od County
CERTIFICATION
THIS CERTIFICATION
issued
Pub1a1Lawsn92r500yandt95t217 of the
requirements of Section 401c
United States and subject to the
eotinCarolina Division
of .0500
Environmental Management Regulationsapplication filed on the 8 day of
to John Graf pursuant to an work
July 1991 to trout farm water intake and raceway
The Application provides adequate assurance that
ttFork
he
discharge of fill
matecaon1withthento the wproposed Bigaters 01 East
farm in
Pigeon River in conjunction farmiWater
Haywood County will not result in a violation of applicable
Quality Standards and discharge guidelines. Therefore, the State.
will not violate
of North Carolina certifies that this activity
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:
That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in,the Stremis25 NTU' s or less, are
not considered significant).
Design of the intake dam Richardall eGasJenningsn the
3 March 1992 le
Violations of any condition herein set forth shall. result in
revocation of this Certification.
This Certification shall become null andevoid unlerness the
above conditions are made conditions of the
1.
NO
This the 18 day
of March, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Everett, rector
WQC# 2708
4-
State of North Carolina
Department of Environment,
Health and Natural Resources
Asheville Regional Office
Ann B. Orr
James G. Martin, Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Regional Manager
William W. Cobey,
JrSecretary WATER QUALITY SECTION
.,
March 6, 1992
MEMORANDUM
1.
John Dorney, Special ProjectsS,
.Vapervisor
TO: Program Planning`Unit4
Through: Forrest R. Westall rvisor / ARO
Regional Water Quali
Max L. Haner, Environ ental Chemist Y � Lt6 .
From: t��
Water Quality Section / AR
Subject: Comments and Recommendation Action ID# 199102175
Amendment to 401 Certification,
Proposed John Graf Trout Farm Intake/Raceway Work
Sig East Fork Pigeon River
Haywood County
project by TVA, modification of
As result of evaluation of the proposed uired for flood control
instream diversion structure and trout raceway
isrequiredelevations for the
theJohn
Cruso Trout Farm as submitted by 40-inch high river
purposes. Instead of the initially proposed
div
diversion structure, the attached information shows arementsSeThenstream
river intake structure hick ysrhaveobeennds tl lowero TVA ed ccordingly.
elevation of the
ro changes and recommends that the Division
ARO has reviewed the proposed this project consistent with the proposed
renew its certific youhaver
ationquestions or wish to discuss this matter in
amendment. Should
more detail, please advise.
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone 704-251-6208
An Equal Opportunity Affirmative Action Emplover
n,
,<<nys Sunburst grout Company
RT. #3, Box 513
CANTON, NORTH CAROLINA 28716
(704) 648-3010 0 (704) 648-3012
FAX (704) 648-9279
March 3, 1992
Mr. David Baker
Regulatory Field Office
37 Battery Park Ave. Rm. 75
Asheville, N.C. 28801
Dear Mr. Baker,
On behalf of Mr. John Graf in Cruso in Haywood
County, I am submitting a revised drawing of our
intake dam, which was submitted several months
ago.
The change is in response to the "no rise"
regulations of the Haywood County Office of Planning
and Economic Development * as overviewed by the TVA.*
*1 Mr. Tom House
::2 Mr. Jones Tysinger
RGJ/ro
Haywood County Planning Office
Dept. of Planning and Economic Development
Courthouse Annex III
2200 Asheville Road
Waynesville, NC 28786
(704) 452-6632
February 26, 1992
Mr. Kenneth Spencer
TVA Land Resources
Natural Resources Building
Norris, TH 37828
Dear Mr. Spencer,
This letter concerns the proposal for a trout farm on
the property of Mr. John Graf which is, located on the
banks of the East Fork of the Pigeon River. The proposed
development involves the digging of a raceway from the
intake point, across Mr. Grafs property and back to the
channel at a point downstream. This raceway would include
the construction of fence like structures to seperate and
contain the trout.
There had been a misconception that these structures
would be built in the floodway, this is not the case as
they will actually be in the floodway fringe. Since the
structures will not be in the regulatory floodway and this
development meets all the requirements of the Haywood
County Flood Damage Prevention Ordinance a development
permit will be issued from our office. It is my
understanding that the intake meets TVA requirements and
the granting of a development permit was the only obstacle
preventing TVA from allowing the project.
If you have any questions or further concerns about
this project please do not hesitate to contact us.
Sincerely,
Thomas E. House
Planner
CC: Jones Tysinger
v
)ate -
'ropert I _ Permit
'
Bldg. Permit No. l�
ocati on of Property:.
0DDlicant:
ype Of Development: p nt: V"" �,E
xcavati on: ;.
____- ill: Grading: Buildings
Other structures:_Other alterations (sa
ec__y):
ize of Deve lonment:
act s
ocation in Floodplain: a, -
__ :Iiside reculatory floodway limits -
b - ✓ Outside =l
_ oocway liiili is . ((�'r� � t=lcoct
C. inside floodpl; i
established. n--no reculato, floodwav
we
lop;aent Standards Data (Ref: Ordinance _
I::� 1 oaA ) ;
1 • If a. or c, above is checked,
and supporting data as required.
engineering ce=tification
Required
" lowest floor elevation
___pA
L____MSL (NGVD)
3• Actual (as built lowest
floor elevation
on
Attach surveyed certification as required, b MSL (NGVD).
4• Flood -proofing information (if applicable):
a. Required flood -proofed elevation
MSL (NGVD).
b• Actual (as built) flood -proofed elevation 2.S
Attach engineering certification and supporting data as (NGVD)
L'ments: requi-
keLu IrT�,.l ,
S-rcuC'v �.
M.uca-
�e ovti-• p.� �-� .��oodt t,c�ci,.,
licant acknowledgement: I understand stand that the issuance of this ;
gebt upon the above information being correct and that the Plans
an -
porting data have been or shall
°lY With all applicable be Provided as required. I agrreento,'
prov_sions of Ordinance A
or ordinances affecting the prop9sod velo e
and all other
Applicant (Signature)
• of Issuance %� Date _? qj
- i
.rtment Use only Inspection
Inspection F by
by
Inspection
by
ColD NSPE
Matheson, Jr., P.E., P.A.
AAEE
.Consulting
Civil Engineer
January 25, 1992
Mr. Jones E. Tysinger
Floodplain Management Engineer
Tennessee Valley Authority
25 Heritage Drive 28806
Asheville NC
Subject: Amendment to permit documents
Re: - Graff Trout' Facility
Cruso, NC
Dear Mr. Tysinger,
Transmitted herewith are revised plans for construction in the
river. ;
If the 100 year flood is at or near, critical velocity, where.
vs depth curve is nearly vertical, I can see wherea
the energy He a little could
small disturbance that increaseButhconversely, a smooth dam that
increase the depth (D) a lot.
slightly decreases the depth, should therefore have very little
effect on the head (He), and therefore the upstreamdepth, this
flood. I concede that the computer program probably
to only stabilize the river bed so
all out, so we are proposing
that Graff's investment in structures
ts bed by erosion -
The revised prop Id not be lost in the
event the river lowered
proposal provides for no change in the river bed
'
and therefore can cause no rise in. the 100 year flood.
Res ectfully submitted;
Joe K. Matheson,, �• RO,
�0 4�oFEsS/0�� �� 1
�... SEAL 3183
Rt. 3,
9 Wolf Laurel Resort • Mars Hill, North Carolina 28754 • (704) 689- 5328
0
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tA ul
State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
Ann B. Orr
James G. Martin, Governor Regional Manager
William W. Cobey, Jr., SecretaryD I V I S I ON OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
August 21, 1991
MEMORANDUM
TO: John Dorney, Special P jects Supervisor
Program Planning Unit
Through: Forrest R. Westal u ervisor / ARO
Regional Water Qua P
From: Max L. Haner, Envi onmental Chemist
�
Water Quality Section / ARO
Subject: Comments and Recommendation
401 Certification, Action ID# 199102175
Proposed John Graf Trout Farm Intake/Raceway Work
Big East Fork Pigeon River
Haywood County
The proposed project ect submitted by John P. Graf provides for construction
of a commercial rainbow trout farm adjacent to Big East Fork Pigeon
River; classified WS-III Trout. An 80-ft low water diversion dtamof the
(40-inch high) will be constructed to span (at angle)
theriver and direct water flow to a 40-ft by 10-ft screened intake
e-ft by
structure. The diversion dam will be formed from eight (8), 1-ft by
30-ft by 40-inch concrete sections laid end to end. Six (6), 1 will
100-ft raceways and five (5), 5-ft by 20-ft fingerling raceway
parallel the river and thepend ofthe
thefarm
raocewayslto removetwaste material.
tling basin
will be constructed at
Plans submitted by the applicant as reviewed during an on -site
inspection on August 12, 1991, appear consistent with the project
eration.
description. This location previously served a rock crushing op
Results of this previous operation were only slightly noticeable.
The attached Wetland Rating System Worksheet identifies this area to
have a reasonably high value. Therefore, it is recommended that a conditions:
certification for this project be issued with the following
(1) Construction of the diversion dam and intake structure should be
performed with such efforts and planning to minimize
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone 704251-6208
An Equal Opportunity Affirmative Action Employer
downstream suspended solids problems. (2) Design of the diversion dam
structure should allow fish movement past the dam during low or minimum
river flow periods; suggest fish ladder or construction
o f the
diversion
dam to provide for installation of only 7 of the 8 p p
te
sections (suggest the end of the dam nearest the far shoreline be left
open for fish usage during low river flow periods). (3) Construction
should proceed only with proper and sufficient advance notice given to
the Springdale Trout Farm located approximately 1 mile downstream to
minimize any related operational problems. (4) Recommendations for
approval of this project as submitted by the Wildlife Resources
Commission (not herein recounted) should be endorsed.
Should you have questions or wish to discuss this matter in more
detail, please advise.
WETLAND RATING SYSTEM WORKSHEET
Project No. or description c6A) /75
Location
County O)O Nearest road or town 4f9U__X_) A)(.1
River basi ,
Nearest stream and classificationL,STrl
ive -er
Evaluator J �, A,q,, PAe—
A r :n _ AA
Agency and address V4J�Jy( --
Date and time evaluated- �Z, i/ / �Xvw-r
—T_
Major Wetland Type Hfzsr `T
Approximate size of wetland system acres
Approximate extent of wetlands in area acres
within miles
Three most common plant species (in order):
Soil Series (if known)
Hydrologic indicators
Direct surface hydrologic connection? YES NO
Existing Conditions
�� Drainage
'� Disturbance
_r'A4'_W1%"n Restoration poten
Restoration value
i
Is site known to rovide habitat for rare, endangered or
threatened species? If so, list species observed or recorded.
Item No. Score (circle one)
I. Location/Landscape
1 Natural area buffer 5 0
2 Sensitive watershed (7"_U,0 5 4 3 2 1 0
3 Dispersal corridor system 5 4 3 2(0 0
II. Ecological Values
4 Special ecological attributes 5 4 2 1 0
5 Wildlife habitat 5 4 $
2 1 0
6 Aquatic life 5 4 2 1 0
7 Water storage 4 3 2(�) 0
8 Streambank stabilization 5 4 2 0
9 Removal of pollutants 5 4 �,/ 2 1 0
III. Human Values
10 Outdoor recreation/education 5 4 3 2 1 0
11 Economic value 5 4 2 0 0
Total score .50
Site description and notes:
Ete�*J_d4e.ej :> -
14
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 2, 1991
IN REPLY REFER TO
Regulatory Branch
Action ID. 199102175
Mr. John Dorney
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. Dorney:
Enclosed is the application of Mr. John Graf for a Department of the Army
(DA) permit and a State Water Quality Certification to discharge fill material
into the Big East Fork Pigeon River in conjunction with the construction of a
trout rearing facility near Cruso, Haywood County, North Carolina. Your
receipt of this letter verifies your acceptance of a valid request for
th Section 325.2(b)(ii) of our administrative
certification in accordance wi
regulations.
We are considering authorization of 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 DA 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 considered a reasonable time for State
action. Therefore, if your office has not acted on the request by September 2,
1991, the District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to David Baker, telephone (704)
259-0856.
Sincerely,
(�6G. yne Wr ht
Chie Regulatory Branch
Enclosure
Copy 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
s
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT E paeSP30RJune
AeL 99 07.02-0036
(33 CFR 325)
Public reporting burden for this collection of information is estimated to average 5 hours per response for the majority of cases, including the time for reviewing
ering and maintaining the data needed, and completing and reviewing the collection of information.
Applications for larger or more complex projects, or those in ecologically sensitive areas, will take longer. Send comments regarding this burden estimate or any
instructions, searching existing data sources, gath
other aspect of this collection of information, inclInformation
uding suggestions for reducing this burden, to Washington Headquarters Services, Directorate forAffairOffice
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of information and Regulatory
nf Mananement and Budget, Washington, DC 20503.
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act and
cL These laws require permits authorizing activities in or affecting navigable waters of the
Section 103 of the Marine, Protection, Research and Sanctuaries A
United Slates, the discharge of dredged or fill material into waters of the United States, and the transportation n fo dredged material for the purpose of dumping it
into ocean waters. Information provided on this form will be used in evaluating the application for a permit. Information in this application is made a matter of
public record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order
communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application
(see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An � application
that is not completed in full will be returned.
i
APPLICATION NUMBER (To be assigned by Corps)
Ft o�►— l 9 91 0 2 1-7 S-
2. NAME AND ADDRE OF APPLICANT �.
Z Y /
Telephone no. during business
/hours
AfC `tw (�01� fi (Residence)
A/C p' �1 �_6— (Office)
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
48. ACTIVITY
4b. PURPOSE
S4/�'f� �.
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
;3. NAME, ADDRESS. AND -ATLE OF T RIZED' AGENT
Telephone no. during business hours
ac(Reside
t )
A/C ( ► i. (office)
Statement of Authorization: I"hereby designate and authorize
to act in my
behall as my agent in the processing of this permit application and to
furnish, upon request, supplemental information in support of the application.
DATE
117 f , /
c�
Aug 89 EDITION OF APR 86 IS OBSOLETE.
NAMES AND ADDRESSES OF ADJOINING PROP
WNERS, LESSEES, ETC., WHOSE PROPERTY AL NS THE WATERWAY
WATERBODY AND LOCATION ON WATERBODY WHERE Af'•TIVITY EXISTS ORISPROPOSED
'. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED O J
ADDRESS: 77,�
57,
OR
Is any portion of the activity for which authorization is sought now complete? ❑ YES 40
It answer is "yes" give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
NO
}
1
9. List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures, construction, aiscnarges or Munn
activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
415--2 3-9/
�n *Ift/4-jo
r
Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information containea in urn
application, and that to the best of my knowledge and belief such information is true, complete. and accurate. I further certify that 1 possess the authority to
undertake the proposed activities or 1 am acting as the duly authorized agent of the applicant.
< �/L_
�DATE� SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 3 has been filled out and signed.
to U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States
knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent
statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.
U.& OOVEpMmEW PMnINO OFFM IM fi-MI- ✓A
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Water Qsjality s^�
. _ SEP 5 1u1
State of North Carolina ,Asheville Regiamfl Off
Department of Environment, Health, and Natural Resoure "tle, North CarolinS
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
George T. Everett, Ph.D.
James G. Martin, Governor Director
William W. Cobey, Jr., Secretary august 30, 1991
Mr. John Graf
c/o East Fork Lumber Company
Route 2
Canton, North Carolina 28716
Dear Mr. Graf
The Division of Environmental Management, Water Quality
Section has reviewed your plans for a trout rearing..facility on
the East Fork Pigeon River (COE Project # 199102175). In order
for your project to proceed, the Water Quality Section must issue
a 401 Certification. The 401 Certification is a determination by
this Division that the activity for which a Federal Permit (404
permit) is sought is not expected to result in a violation of
State Water Quality Standards.
Our staff review generally supports your planned trout farm
if constructed in a proper manner and during the appropriate time.
of the year. However, we are concerned that your.plans to build
the diversion will impede fish (notably trout) migration
especially during low flows. We are also concerned that
sufficient flow be maintained downstream of the diversion to
retain fishery habitat in the river until the water reenters the
channel. We understand that the North Carolina Wildlife
Resources Commission has raised similar concerns. Please advise
how you plan to alleviate this concern. Two possible solutions
r or a fish
are either a pacanaldam across ou demonstrateethateladder.
fish movementwillnot be
Alternatively, Y
impaired by your current plan?
Regional Offices
Wilmington Winston-Salem
Asheville Fayetteville Mooresville Raleigh Washington r� 91insto -Sal
2351
704/251-6208 919/486-1541 704/663-1699 9191733 2314 919/946 6481 919/395 3900
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
Please respond within two weeks of the date of this letter.
if you have any questions, you can call me at (919) 733-5083.
Sincerel
Jo n R. Dorney
JRD/kls
Graf . ltr/D-7
cc: Max Haner, ARO
John Parker, DCM
Central Files
Corps of Engineers, Wilmington
Corps of Engineers, Asheville Field Office
Dennis Stewart, WRC
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? poun s
5. How much feed was consumed this year? ons
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 Date signed
Signature
STATF v
3yeY 3
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
October 4, 1991
John P. Graf
Rt . 2
Canton, NC 28716
George T. Everett, Ph.D.
Director
Subject: NPDES Permit Application
NPDES Permit No . NC0081175
Cruso Trout Farm
Haywood County
Dear Mr. Graf
This is to acknowledge receipt of the following documents on October 4, 1991:
Application Form
Engineering Proposal (for proposed control facilities),
Request for permit renewal,
Application Processing Fee of
Engineering Economics Alternatives Analysis,
Local Government Signoff,
Source Reduction and Recycling,
Interbasin Transfer,
Other
The items checked below are needed before review can begin:
Application Form i
Engineering proposal (see attachment),
Application Processing Fee of
Delegation of Authority (see attached)
Biocide Sheet (see attached)
Engineering Economics Alternatives Analysis,
Local Government Signoff,
Source Reduction and Recycling,
Interbasin Transfer,
Other
2 4P
4 1/ Popudon Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
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 wl e a vise o 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,
O�
Dale Ov c sh, P.E.
CC: pheville Regional office
1
TO: PERMITS AND ENGINEERING UNIT
WATER QUALITY SECTION
DATE: September 26, 1991
NPDES STAFF REPORT AND RECOMMENDATION
COUNTY Haywood
PERMIT NUMBER NC0081175
PART I - GENERAL INFORMATION
1. Facility and Address: Cruso Trout Farm (John P. Graf)
%East Fork Lumber Company
Route 2
Canton, N. C. 28716
2. Date of Investigation: August 12, 1991.
3. Report Prepared By: Max L. Ha.ner
4. Persons Contacted and Telephone Number: John P. Graf (Owner),
telephone (704) 648-1776 (Home) / 648-8594 (Mill)
5. Directions to Site: The facility is located immediately downstream
of the East Fork Baptist Church in Cruso, N.C., approximately 0.4
mile upstream of the intersection of. NCSR 1101 and US Hwy 276 on
the Big East Fork Pigeon River in Haywood County.
6. Discharge Point(s), List for all discharge points:
Latitude: 350 25' 11" North
Longitude: 820 48' 43" West
Attach a USGS map extract and indicate treatment facility site
and discharge point on map.
U.S.G.S. Quad No. F7NE U.S.G.S. Quad Name Cruso, N.C.
7. Size (land available for expansion and upgrading): N/A
8. Topography (relationship to flood plain included): Trout ponds
receive gravity flow from river. Location in flood plain.
10. Receiving stream or affected surface waters: (Big) East Fork
Pigeon River
a. Classification: C-Trout
b. River Basin and Subbasin No.: French Broad/040305
C. Describe receiving stream features and pertinent downstream
uses: Pigeon River is used as a water source for the town of
Canton. (Big) East Fork Pigeon River used for agriculture
and wildlife.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of wastewater: 0 % Domestic
100 % Industrial -
a. Volume of Wastewater: 5800 gpm
b. Types and quantities of industrial wastewater: Trout Farm
C. Prevalent toxic constituents in wastewater: N/A
d. Pretreatment Program (POTWs only):
in development approved
should be required not needed
2. Production rates (industrial discharges only): 170,000 lbs/yr
3. Description of industrial process (for industries only) and
applicable CFR Part and Subpart: Six (6), 16 ft x 100 ft
raceways, five (5), 5 ft x 20 ft fingerling raceways followed by
settling pond with discharge to (Big) East Fork Pigeon River.
4. Type of treatment (specify whether proposed or existing): A
single basin between final raceways and stream will not contain
fish and will serve as settling pond for manure removal.
5. Sludge handling and disposal scheme: Sludge to be vacuumed or
dredged and land applied as needed.
6. Treatment plant classification: N/A
7. SIC Codes(s): 0921
Wastewater Code(s): Primary 29
Main Treatment Unit Code: 50003
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant funds
(municipals only)? No
2. Special monitoring requests: N/A
3. Additional effluent limits requests: N/A
4. Other:
PART IV - EVALUATION AND RECOMMENDATIONS
Cruso Trout Farm has submitted the Division Trout Farm
Questionnaire indicating that the facility will produce more than
20,000 pounds per year and feeding more than 5000 pounds of feed
in the maximum month of feeding. This level requires issuance of
an NPDES Permit. It is recommended that a permit be issued for
this operation in accordance with trout farm permitting
procedures.
i
Signature of Report Preparer
Wa er Qualit4y Regional Supervisor
�-
Date
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DIVISION OF ENVIRONMENTAL MANAGEMENT
July 8, 1991
MEMORANDUM
TO: Forrest Westall
FROM: John Dorney
RE: 401 Certification Review
Please review the enclosed 401 Certification applications by
August 8, 1991. Please call me if you or your staff have any
questions, or need assistance in these reviews. Please check the
stream classifications for all projects to see whether they
qualify for our General Certifications.
1. George Nesmith, pond creation, individual permit
Jackson County
John Graf, trout rearing facility, individual permit
Havwood Countv
City of Hendersonville, raw water intake, individual
permit
Henderson County
The other enclosed material (if any) is for your general
information and use as appropriate.
JD/kls
Enclosure
RcCF- VE-
quq
DEPARTMENT OF THE ARMY _, L I
Wilmington District,.Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890 AOPV Ti, Regiomill Otft
kheville, North Car01iN
Action ID. 199102175 July 3, 1991
PUBLIC NOTICE
JOHN P. GRAF, c/o EAST FORK LUMBER COMPANY, ROUTE 2, CANTON, NORTH
CAROLINA, has applied for a Department of the Army (DA) permit TO CONSTRUCT A
TROUT REARING FACILITY ON THE BIG EAST FORK PIGEON RIVER OFF HIGHWAY 276 SOUTH
NEAR CRUSO, HAYWOOD COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the discharge of approximately 16 cubic yards of precast
concrete into the East Fork Pigeon River to create a low profile dam and
intake structure to divert water flow into a series of raceways and settling
ponds. Eight 10-foot-long by 30-inch-wide by 40-inch-high concrete sections
will be 'laid end -to -end, anchored together and to the river bottom, to span
the 80-foot wide channel. The dam structure will be angled to direct flow
into the 40-foot by 10-foot screened intake box. Three 24-inch PVC pipes will
transport flow into six 16-foot by 100-foot long raceways, and five additional
5-foot by 20-foot fingerling raceways. The PVC pipes will be buried parallel
to the river channel, and will require a 12-foot-wide construction corridor
through approximately 150 feet of wetlands and a small tributary stream
adjacent to the river. Pre -construction contours are to be restored through
the wetland area once pipe placement is completed. The small tributary stream
will be temporarily diverted through the downstream raceways to prevent
sedimentation into the river during construction. A settling basin will be
constructed at the downstream end of the raceways, tosettleand trap wastes
from the operation before flow returns to the river. The purpose of the work
is to create a facility for commercial Rainbow Trout production. Plans
showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No DA
permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
X
_2_
comment period specified in the notice,
consider this application. Requests for
particularity, the reasons for holding a
E
that a public hearing be held to
public hearing shall state, with
public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places ,for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impactswhichthe proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will beallowedto occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including; the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental: concerns,_ wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permitwillbe denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the DEM issues, denies, or waives State
certification required by Section 401 of the Clean Water Act. The DEM
-3-
considers whether or not the proposed activity will comply with Sections 301,
302, 306, and 307 of the Clean Water Act. The application and this public
notice for the Department of the Army permit serve as application to the DEM
for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
July 26, 1991.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687„ on or before July 22, 1991, Attention: Mr. John
Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m.,
August 2, 1991, or telephone (704) 259-0856.
t.nerokee ana Waynesville with"',
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July 30, 1991
ge onco constructiOn is ""PIQ'' �"
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help somewhat to maintain fish habitat in the chann*1
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TOTAL P. 0.4
DEPARTMENT OF THE ARMY
Wilmington District,.Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199102175
PUBLIC NOTICE
July 3, 1991
JOHN P. GRAF, c/o EAST FORK LUMBER COMPANY, ROUTE 2, CANTON, NORTH
CAROLINA, has applied for a Department of the Army (DA) permit TO CONSTRUCT A
TROUT REARING FACILITY ON THE BIG EAST FORK PIGEON RIVER OFF HIGHWAY 276 SOUTH
NEAR CRUSO, HAYWOOD COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the discharge of approximately 16 cubic yards of precast
concrete into the East Fork Pigeon River to create a low profile dam and
intake structure to divert water flow into a series of raceways and settling
ponds. Eight 10-foot-long by 30-inch-wide by 40-inch-high concrete sections
will be laid end -to -end, anchored together and to the river bottom, to span
the 80-foot wide channel. The dam structure will be angled to direct flow
into the 40-foot by_10-foot screenedintake box. Three 24-inch PVC pipes will
transport flow into six 16-foot by 100-foot long raceways, and five additional
5-foot by 20-foot fingerling raceways_ The PVC pipes will be buried parallel
to the river channel, and will require a 12-foot-wide construction corridor
through approximately 150 feet of wetlands and a small tributary stream
adjacent to the river. Pre -construction contours are to be restored through
the wetland area once pipe placement is completed. The small tributary stream
will be temporarily diverted through the downstream raceways to prevent
sedimentation into the river during: construction. A settling basin will be
constructed at the downstream end of the raceways, to settle and trap wastes
from the operation before flow returns to the river. The purpose of the work
is tocreatea facility for commercial Rainbow Trout production. Plans
showing the work are; included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No DA
permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
-z-
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a -review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based onanevaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a-
careful weighing of all those factors which becomerelevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both_ protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered' including the cumulative
effects thereof. Among those are conservation,, economics, aesthetics, general
environmental concerns, wetlands, cultural values,, fish and wildlife values,
flood; hazards flood plain values, land 'use, ,navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection.
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the DEM issues, denies, or waives State
certification required by Section 401 of the Clean Water Act. The DEM
Q
-3-
considers whether or not the proposed activity will comply with Sections 301,
302, 306, and 307 of the Clean Water Act. The application and this public
notice for the Department of the Army permit serve as application to the DEM
for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
July 26, 1991.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before July 22, 1991, Attention: Mr. John
Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m.,
August 2, 1991, or telephone (704) 259-0856.
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DIVISION OF ENVIRONMENTAL MANAGEMENT
July 24, 1991
MEMORANDUM
TO: Forest Westall
FROM:/7—John Dorney
RE: 401 Certification Review
Please review the enclosed 401 Certification applications by
August 24,1991. The stream classifications should be checked for
all projects to determine if the project qualifies for our Gen-
eral Certifications. Also, please note the permit numbers that
have been assigned to each procect. These numbers should be
included with your comments. If you or your staff have any ques-
tions, or need assistance in these reviews, give me a call.
--,J. William Cowan, NW26, 0.3 acres, #91353
Jackson County
.�_2. NCDOT--US 19, NW 26, #91352
Haywood County
~3. City of Hendersonville, water intake structure, #91327
Henderson
---4. John P. Graf, trout rearing facility, #91329
Haywood County
'-, 5. George A. Nesmith, pond construction, #91330
Jackson County
6. W.H. Hobson, trout rearing facility, #91399
Jackson County.
The other enclosed material (if any) is for your general
information and use as appropriate.
JD/kls
Enclosure
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SUBJECT:
�CioL 1 112(�aje
cwzo-aa-Q. �-Pwo-- (2 Gpra,,� � / e aZtacle
.. STATE y,
M..m.� North Carolina Department of Natural
p
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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
1. Legal name of a icant.•
2. Mailing Address
Str et, Route, or P.O.,Box No.
a
City of Town KKI c r';
County
State Zip Code 2-K7
3. Telephone number /1 Owl , 235 -9S19Z
4. Name of facility (�eysy
5. Ownership (check one)
a. Government
b. Private
c. Both Government and private
6. Is this facility loca d 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.11-11
County
10. Give directions to this facility from the nearest Town
(use road numbers and mile ge between points)_ --
Tye
r
tout 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
facility with the following information marked:
a. Approximate overall dimensions of the facility.
b. Direction and location of surface drainage and other
discharges from the facility.
c. General location of streams in the area.
d. Location of area for manure disposal.
e. Discharge location.
12. Name of stream receiving discharge n7w
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
14. Describe your manure management system (e.g. direct
discharge or land application method, frequency of
application, acres available, collection system, storage
15. Do you know of other t farms which use the same stream?
Yes No
If yes , list name of facilities
16.
What is
the estimated low
flow of the receiving stream
?y:
QA
.G� �u.af'virr� S"LS
gallons per minute
17.
What is
the estimated discharge flow rate to the receiving
`
stream?
Give low to high
range.
�,p
gallons per minute
118.
Is there
a dischare from
the facility at least 30 days per
year?
Yes
No
e
fi19. How much trout is produced per year?
:rout Farm Questionnaire/Application
Page Three of Three
20. What is the estimated total production capacity of the
facility after any proposed expansions? 4 f Lrtr' "
pounds per year
Date of proposed expansion (mo/yr)
21. Do you feed more than 5,000 pounds of feed during the
calendar mo th of maximum feeding?
Yes i No
22. Do you process trout for sal 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 t is facility?
Yes No
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 any level of government, written
notice of complaint pertaining to water pollution from this
facility?
Yes No t/
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.
Prin name of, e son signing Tit e
Si ture of i'pelicant 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.
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LTjIM aTTIASauAeM pue xo.Iau1 q .�
, .t4te of North Carolina ky
Department of Environment,
Health and Natural Resources
Division of Environmental Management
Jaynes B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
September 30,1993
JOHN PATRICK GRAF
CRUSO TROUT FARM
ROUTE 2
CANTON NC 28716 Subject: CRUSO TROUT FARM
Certificate of Coverage NCG530087
General Permit NCG530000
Formerly NPDES Permit NCO081175
Haywood County
Dear Permittee:
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 NC0081175. 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, E.4. 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
JOHN PATRICK GRAF
CRuSot TROUT FARM
Certificate of Coverage No. NCG530087
The issuance of this Certificate of Coverage is an administrative action initiated by the Division of there
Environmental Management and therefore, no fees are due at this time. In accordance with current rules,
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 tofollowthe 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 , r., P.E.
cc: Asheville Regional Office
Central Files
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
GENERAL PERMIT NO. NCG530000
CERTIFICATE OF COVERAGE No. NCG530087
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,
CRUSO TROUT FARM
is hereby authorized to discharge seafood packing and rinsing, fish farm or similiar wastewaters from a
facility located at
CRUSO TROUT FARM
Haywood County
to receiving waters designated as the BIG E.FORK PIGEON RVR/FRENCH BROAD R
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H,
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.
DPreston HowarPjr,, P.E.,Director
ivision of Environmental Management
By Authority of the Environmental Management Commission
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
William W. Cobey, Jr., Secretary
John Patrick Graf
Rt. 2
Canton, NC 28716
Dear Mr. Graf:
George T. Everett, Ph.D
Director
January 9, 1992
Subject: NPDES Permit No. NCO081175
Cruso Trout Farm
Haywood County
In accordance with your application for discharge permit received on June 3, 1991, 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 27447, Raleigh, North Carolina 27611
-7447. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part II, EA. 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 9191733-5083.
Sincerely,
Original signed by.
Date Ovareesh for
George T. Everett
cc: Mr. Jim Patrick, EPA
regional flffic
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
RECEUVED
Water Qut-1 ty S %fis t
JAN d u
Asheville, Nar1�1 CaTollr
i
i
Permit No. NCO081175
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,
John P. Graf
is hereby authorized to discharge wastewater from a facility located at
Cruso Trout Farm
intersection of NCSR 1101 & US Highway 276
north of Cruso
Haywood County
to receiving waters designated as Big East Fork Pigeon River in the French Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I,11, and III hereof.
This permit shall become effective January 9, 1992
This permit and the authorization to discharge shall expire at midnight on March 31, 1995
Signed this day January 9, 1992
Original signed by
Dade Overcesh for
George T. Everett, Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit No. NCO081175
SUPPLEMENT TO PERMIT COVER SHEET
John P. Graf
is hereby authorized to:
1. Continue to discharge wastewater from a trout farm operation located at Cruso Trout Farm,
intersection of NCSR 1101 & US Highway 276, north of Cruso, Haywood County (See Part
III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map into Big East
Fork Pigeon River which is classified Class C-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
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. 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 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 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 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 coliforin 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 Units" 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 Units" 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 Units" 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.
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. bier 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 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 H
Page 4 of 14
b. Geometric Mean: The geometric mean of any set of values is the Nthrootof 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 0).
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.
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 be used for sampling.
11. Hazardous Substance
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. Duty to Co=lly
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and 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 and with standards for
sewage sludge use or disposal established under section 405(d) of the Clean Water Act
within the time provided in the regulations that establish these standards or
prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is
subject to a'civil penalty not to exceed $25,000 per day for each violation.
Any person who negligently violates any permit condition is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than
1 year, or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not
more than 3 years, or both. Also, any person who violates a permit condition maybe
assessed an administrative penalty not to exceed $10,000 per violation with the
maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33
U.S.C. 1319 and 40 CFR 122.41 (a)]
Part 11
Page 5 of 14
c Understate law, a daily civil penalty of not more than ten thousand dollars ($10,000)
per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: North
Carolina General Statutes § 143-215.6 (a)]
2. Duty 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, CA-) and "Power
Failures" (Part II, C.7.), nothing in this permit shall be construed to relieve the permittee
from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS
143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the
permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazard us 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,
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. Property Right
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. Severability
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.
dart 11
8. Duty to Provide Information
Page 6 of 14
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. Duly to R_ ea_ D
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.
10. Expiration of 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 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
US C 1251 et. seq.
11. Si atory Reauirernent
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
0) 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
i
Part 11
Page 7 of 14
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.);
and
(3) The written authorization is submitted to the Permit Issuing Authority.
C. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of
my knowledge and 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 Action
This permit may be modified, revoked and reissued, or terminated for cause -Ile 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. PPrmit Modification Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal
Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,
Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
14. _Previous Permits
The exclusive authority to operate this facility arises under this permit. The authority to
operate the facility under previously issued permits bearing this number is no longer
effective. The conditions, requirements, terms, and provisions of this permit authorizing
discharge under the National Pollutant Discharge Elimination System govern discharges
from this facility.
SECTION OPERATION AND MAINTENAN E OF POLLUTION nNTROLS
1. CertifikLQRLrggr
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
fication of the grade
wastewater treatment facilities. Such operator must hold a certi
equivalent to or greater than the classification assigned to the wastewater treatment
facilities. The permittee shall' notify the Division's Operator Training and Certification Unit
within thirty days of any change in the ORC status.
Part lI
Page 8, of 14
2. Proner Qperation and Maintenance
The pern*tee 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 Hatt or Reduce not a Def nce
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. Bvnas. ing 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 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 an 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 unintentionaland
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. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the
requirements of paragraph 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.
Part II
Page 10 of 14
6. Removed Substance
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 mi 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
with all existing
federal regulations governing the disposal of sewage essludgee all ponnpromu ga on 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 comply with applicable 40 CFR Part
503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the
time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The permittee shall notify the Permit Issuing Authority of any significant
change in its sludge use or disposal practices.
7. Power Fail res
The permittee is responsible for maintaining adequate safeguards as required by DEM
Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124
Reliability, to prevent the discharge of untreated or inadequately treated wastes during
electrical power failures either by means of alternate power sources, standby generators or
retention of inadequately treated effluent.
SECTION D. MONITORIN AND RE ORDS
1. Representative Sampling
Samples collected and measurements taken, as 1equired 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
All samples shall be . e tan at the monitoring points
Period which the sample represents
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. Repo=-ng
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 II
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 Proced rec
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 Tam ring
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 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
P ( mo
nitoring
ui g and men control
equipment), t), practices, or operations regulated or g
gul required under this permit; and
d.. Sample or monitor at reasonable times for the
liance
or as otherwise authorized by the Clean Water Act,any substanoses of s assuring parameterrmit s at any
location.
SECTION E REPORTING REOUTU [ENTS
1. Chance 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 Chaneec
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 permi
CFR Part 122.42 (a) (1). t, nor to notification requirements under 40
3. Anticipated Non MlRli=
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. Zransfera
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. Renor t
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (I)MR) (See
Part IL D. 2. of this permit).
b. If the permittee monitors any pollutant more frequently than required b the using test procedures specified in Part II, D. 4. of this permit, the results o this
rmi
monitoring shall be included in the calculation and reporting of the data submitted in the
DMR.
C. Calculations for all limitations which require averaging
arithmetic mean unless otherwise specified by the Dire for in the permitof s shall utilize an
6. Twenty-four Hour R=rting
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 pen -nit.
(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 reporthas 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 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 II
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 5 days following first knowledge of the occurrence.
10. Availability of Ren=
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 Fal ification of Rem
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
be
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.
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. Groundwat r 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 Dischar�Ps of Toxic Substance
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 (200 119/1) 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 00) times the maximum concentration value reported for that pollutant in the permit
application.
Part III
Permit No. NCO081175
D. Upon findings by the Division of Environmental Management that impacts on the re
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
but n
limited to, monitoring and reporting, initiation of specificma agement practices or construct on
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.
.o/ l
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.