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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 r � N w D a v U � Ole 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 InSverse of ENO FORM 4345) i.nerotcef, A -and Waynesvine with I numerous.sltoric and recreational attrac- tions. �N 1� .lr/ � ,ate_ \./ � l��'• I' M 1991 ,,� ;, ,r,� �►4 1 ; SCAM 4 WWI O 090, M C-t RA F top" Ice- .00 "'` �sr .• a� a rye � � >t� o a�'Gi� "w Y r TO WVAo— O ` v��dt ��,•� 40'o PiG ON io p `lp cc E 0.� \1 a 1 ti✓''P S 2 hop ove from Folder N Y• � .:�. ,tom'. '�' s:• r •: � • •;, - '�;T .;,�.�.. .r' '„*. �1•,-ram" M. 4- r--- :I w rh o � �1 G J n. i-+ •�.- coJv�- �C c v 1 4 L ti q 0 s 4 m RECE 1VE 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 J I \. y � 1 W 3� oo 30�� I ii 1 I' 2834 t! ( K Golf Cuu�s� 35 o 4 Gwdn Cem V Jl 6 \ ( nesville 3Mi 2d6$11c / ✓ _ - of A . '\ �� , �� J ��-� ��`•i -r ��'' i/" ���� �)I tj� ��/ q� ru �I �- �\�\\\ �� " ' i �� � �\. \ i � il�' �� ! � . 1 ill is �/ \ �� `'%" �,': �•_� / ,',. �f l �� �(` � �' �.� • � _ � \ � \ � � My \ . \ �l `I1� , ��\ � � �� r � iA� Gh �`r � �%����vt;�. t/-�, •�s�'_ A' �v "� t -��-;� i��y � \�_�\ mil �✓�� ��� it �g00 0 00 �0/� y,00— Greek 3 tee' . Q,l" � 'Gal/ 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"', i numerous Coric and recreational attrac- ,�► „� a Lions. 0 rAmm - � / f �. a . '•, lolol�`d * cr�"°� ,a rf C, o R lop 1.8 k irk tom' s. 1'y o r G ; ay O F ObP `er 0. �c lOpt 71 Pt O K �o' WG ON }, � IdO.., c 56v\ .� rn U w Mm Zia 12, -e1 � z' Ay � ? -� 7V% < w 3 Cj 71 Not yfJ t � C ice► � p r— ,�. H •.t L7 W Q W * sJ ea T' 4.1 n ^�- Pe o e ea Z L Na �ifll C ,„,...�_ ...., _ __._ =--tee`.—�---,.._...,......,_..................—.�... , - d , ti i ! ", OVA � � a Q �n V y 6 ir--A S r }L-1 A J T i W I 3� i rnr A E„ Lf% I4Sj ti 6 w 1 o o 3 ;` IN Amllhk al 43 -k � � iLiHaL : T _�E�--T' i� l J TO H '0 F . G 1� 'GJ= r- _ TO Fagg Z t Brit Park pigeon Rimer (PGN 1--41) i- high igh li t that s Designated Public Mountain Trout Water at Clen t uAllat is excellent it's river �� its into tw 3 .` . �3,'� rea e k yY: + to � E a rx } ue 3 e v rtt� land. 4 3` —_— � .._ _ , m ...,.� ,. .. ...F, a _m, a,�,�-'rymuvt G9 4 Q -EP 7KIRL.ITY :jF-'�--T!0t! TO ARC! P.1 4, C14 71 FPS! LCH �,dPl ASAU page � July 30, 1991 ge onco constructiOn is ""PIQ'' �" its OwUnai co"o plow fraM the tributaQ Is incorr-ot, please advise� help somewhat to maintain fish habitat in the chann*1 doWpatZWU Of the dam. n '''ntro! measures 6ho"A be Ispivoynt-ed S,,j,qent erosIC LQ-. in*ji project lltaluea U disturbed and Mai: 6T shic-A.''d be is Somp oat onto t Im v 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. Lnerokee nci Waynesville wan �• numerous gloric and recreational attrac® tionse wR dOO .+�'•+' . r i' 00' M� * ♦tll► '' 4'i u SCAR L So4+N C-i RA F Oro" low 1.8 EAST. •1 i.l �31: .+ xo�i�r,,. 4 N•. �/ ... .r � � • P �$ 9 ��, y � � O . TO WVAM— .� ti -0 bp f-1 � Q' >:. ep 1000 PrC N ,dt ID 6 "� J : n s �A / .Sep Ci N a �ye 1 2 o yN v% P toll Al t. F ', a 11 :•g� ft,.;9, 4 ' 1 - k't 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 -4 -4 rh 710 30 101 L4 7D Gn ------------ Z'l- j-T! i, Cot to 'pu 7r) m !�D Ac Ak"-:b ir, 4Y MAI 7 7 1 ter- A ni 4z lr% 14 "41t t rm r-I NMI kA i r" $ q 111 G• i It #10'� z 2 Ab LA g ac SE 7 :• e-•� jr, � 111 t � J i O ,` z i 6j7 ¢ :...- S e w Vy 1 74 it OA voe 1 {t1 04 a DATE: SUBJECT: �CioL 1 112(�aje cwzo-aa-Q. �-Pwo-- (2 Gpra,,� � / e aZtacle .. STATE y, M..m.� North Carolina Department of Natural p g Resources &Community Development �Ct3z.7 a 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. Z. z r—IF 40. I -i / �{`" �y1 'P•, � 1 4 i Yet '• '.. Yt 11 t 1 olp 60 IN dfJJ 4 t ;.-6 � ada � �Q a Sdto n '4' rk ti 1 � #: •:�5+ 6� + � � —wry o. :f ,✓.: I . �n�j •�R � � h`71 '�.�tid11p � 4 �L�' 9 •IIP. t 1, to- as ► d� ,,N� -�►t ;5,• ray' f`s"i � �.•A �i � slr � O r << �p N011-'1170'� � � ,,ate • (1• 'Y 00 -SUOij -Jell1e jeuo!jeaj3a.I puE,IJOISt'T IIO.IauIflu 1. 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. ;lJ/ BM AKW 204 • 2834 \ 7LC 166 99 ,, K i Gu ir5n Cem CP T A! b �- ynesville 3r,76 Creek' ?�5 i e AK 890 Iz itit J ey tit \� - / %� � ,� _, _ '�•� \�` �� -=_-- \ _ �, �` \' !Ili ram° �1?°° 1 160° B' AO I y p0 Greek S �s \ -, c� , 2. � a � 40. 0 0 "Cl 41 40. 0 C)64 > 40. CIO 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.