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NCG530065_Regional Office Historical File 20200518
PAT MCCRORY ..-._,j Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director August 5, 2016 Chris Inman Outside Operations Manager,Sunburst Trout Company PO Box 1484 Waynesville,NC 28786 SUBJECT: Compliance Evaluation Inspection Sunburst Trout Company Permit No: NCG530065 Haywood County Dear Mr. Inman: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on July 27, 2016. The Compliance Evaluation Inspection was conducted by Kevin Mitchell, Zan Price, and Tim Fox of the Asheville Regional Office. The facility appeared to be in compliance with permit NCG530065. However,there are items in the attached report that need your attention. Please refer to the enclosed inspection report for observations and comments. A Permit Name/Ownership Change Request form is attached. Please submit this form to update the owners name(s). If you or your staff have any questions,please call me at 828-296-4500. Sincerely, an Price,PE Assistant Regional Supervisor Asheville Regional Office Enc. cc: MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Haywood\Wastewater\Gencral\NCG53 Trout Farms\NCG530065Uu1y 27,2016 Inspection\CEI.07-27-2016_Sunburst.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 SUNBURST TROUT COMPANY www.suhbursttrout.com 128 Raceway Place • Canton,North Carolina 28716 Attn: Mr. Steve,Eas,oyiles@su'nbursttrout.com (800) 673-3051 (828) 648-3010 Fax: (828) 648-9279 . 128 Raceway Place Canton,NC 28716 RECEIVED February 11, 2013 MAR .1 8 2013 NCDENR S Division of Water Quality I}WQ/Surface Water Protection Section NPDES Unit 'Asheville Regional Office Attn: Mr. Joe Corporon, L G 1617 Mail-Service Center Raleigh,NC.27699-1617 Re: NPDES Permit Application--Short From C-Seafood � `'j( y 52 Mr. Corporon: Please find enclosed the following items with respect to our application for an NPDES permit for the Sunburst Trout Farm located in Haywood County,NC. • NPDES Application Form(3 copies) • A check in the amount of$860.00 made payable to NCDENR • Engineering Alternatives Analysis (3 copies) . • A 7Q 10 Flow Estimate from the US Geological Survey at'the proposed point of wastewater discharge Upon approval of this application, it would be our,intention to have specific design plans prepared.by Civil Design Concepts,,PA, in order to make the necessary submittal for an Authorization to Construct. Please do not hesitate to contact me with any questions that you may,have regarding the same.' Sincere Steve'Eason e 1 NPDES PERMIT APPLICATION - SHORT FORM C-Seafood This form should be completed by seafood processing facilities and mailed to: N. C. Department of Environment and Natural Resources Division of Water Quality/NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Website: [http://h2o.enr.state.nc.us/NPDESn NPDES Permit Number INCOO �f. Please print or type 1. Contact Information: Facility Name Sunburst Trout Farms Owner Name Steve Eason Street Address 128 Raceway Place City Canton State / Zip Code NC 28716 Telephone Number (828) 648-3010 Fax Number (828) 648-9279 E-mail Address steve(asunbursttrout.com Operator Name Steve Eason Street Address same as above City same as above State / Zip Code same as above County same as above Telephone Number (same as above) 2. Location of facility producing discharge: Check here if same as above Facility Name (If different from above) Street Address or State Road City State / Zip Code County 3. Ownership Status: Federal ❑ State ❑ Private ® Public ❑ 4. Standard Industrial Classification (SIC) code(s): Canned/Cured Fish & Seafood (2091) ❑ Prepared Fresh or Frozen Fish & Seafood (2092) 5. Do you process seafood and/or pack seafood? (if you only pack seafood, you maybe eligible for coverage under a general permit-please call the A1PD -6300): Process ❑ Pack Only ® s and Pack MAR 6 2313 Page 1 of 4 C�� Bt W;W?N�ALITY pOINT�;OURO ,FdU[� C-Seafood-04/05 NPDES PERMIT APPLICATION - SHORT FORM C-Seafood 6. Facility Operations and Associated Federal Regulations: (check all that apply) pr dui41C�R'4© Ch� kutfall ,s.nl�' iitear ` '1a I'` #,i '" pa V�i xsf App"fcals - �°fit -+n♦ ,1 .r ". Breaded Shrimp Processing M Non-Breaded Shrimp Processing L Manually Processed Blue Crab B Mechanically Processed Blue Crab C Hand Shucked Clam Processing W Mechanically Shucked Clam Processing X Scallop Processing AD Fish Meal Processing O Manually Processed Bottom-Fish U Mechanically Processed Bottom-Fish V Hand-Shucked Oyster Processing Z Mechanically Shucked,Oyster Processing AA Other (Specify) Rainbow Trout Processing X anticipate 1 Other (Specify) 7. Production Information: a. hjl� + yr (}SS cvel �} 17Ct3 rTC3r roce zn p O Seosac1 i #1 �'. a ? F, _ g �;" d�iYP y �h i��I ee '611 fa w rs seq. Processed: Maximum Pounds 1500 (pounds) in a Single Da Processed:Average of Daily 800 (pounds per day) Values in 30 Consecutive Days If discharge occurs all year, check here ® or list the month(s) in which discharge occurs: Number of days per Comments: Process days are Mon, Tues, Thursday, Friday week discharge occurs: 4 Ptu�tz a s 1° fin Pl od�uc0�,>�sepO�t Processed: Maximum Pounds (pounds) in a Single Da Processed:Average of Daily (pounds per day) Values in 30 Consecutive Days If discharge occurs all year, check here ❑ or list the month(s) in which discharge occurs: Number of days per Comments: week discharge occurs: i1iiol'�R.eprt # r 1W Uk t Pd to �'SS ws�� ?t�f?f T�� liC rIGS�� �7�OCt'.SSi'Clg Processed: Maximum Pounds (pounds) in a Single Da Processed:Average of Daily (pounds per day) Values in 30 Consecutive Days If discharge occurs all year, check here ❑ or list the month(s) in which discharge occurs: Number of days per Comments: week discharge occurs: To list additional outfalls, duplicate this page and correct outfall number(s). NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, Page 2 of 4 C-Seafood-04/05 NPDES PERMIT APPLICATION - SHORT FORM C-Seafood include a schematic diagram of wastewater flow at the facility. 8. Types of wastewater discharged to surface waters only: Type Average Flow GALLONS PER OPERATING MONTH Sanitary Sewer- monthly average Cooling Water- monthly average Process Water- monthly average 40000 Packing Water-monthly average Other- (Please Specify) 9. Number of employees: 15 10. Number of separate discharge points: we anticipate only one discharge point 11. Name of receiving stream(s) (Provide a map showing the exact location of each outfall) West Fork of the Pigeon River 12. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number Type Permit Number ❑ None ❑ Non-Attainment ❑ UIC ❑ Ocean Dumping Cert. of Coverage ® NPDES NCG530065 ❑ Dredge/Fill Permits ❑ PSD ❑ RCRA ❑ NESHAPS ❑ Other 13. Are any of the following substances added as a result of your operations, activities, or processes? (Check all that apply): Biocides for Algal Control ❑ Chlorine/Bleach ® Other (please specify below) Sanitizers and soaps are used for cleaning purposes, all of which are FDA food safety approved Page 3 of 4 C-Seafood-04/05 NPDES PERMIT APPLICATION - SHORT FORM C-Seafood 14. Application Supplement-Conventional Pollutant Analyses [under§40CFR 122.21]. Show this list to j, your North Carolina-certified laboratory. Provide data for the parameters listed.Temperature and pH shall be grab samples,for all other parameters 24-hour composite sampling shall be used.If more than one analysis is reported,report daily maximum and monthly average.If only one analysis is reported,report as daily maximum. Parameter Daily Monthly Units of Maximum Average Measurement Biochemical Oxygen Demand (BOD5) 891 856 mg/L Chemical Oxygen Demand (COD) 2180 1583 mg/L Total Organic Carbon 309 200 mg/L Total Suspended Solids 246 195 mg/L Ammonia as N 1.1 0.91 mg/L Temperature (Summer) not taken not taken Temperature (Winter) 57 56 deg F pH 6.4 6.6 standard units 15. Is this facility located on Native American lands? (check one) YES ❑ NO 16. Treatment Components-Provide a narrative description of installed wastewater treatment components at the facility. Include sizes&capacities for each component. The proposed system will replace an exissting failed ground apsorption septic system that has historically served the facility. Upon reciept of the discharge limits from NCDWQ, the proposed treatment system will be designed to support the same. 17. Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Steve Eason Owner Printed name of Person Signing Title Signature of Applicant or Authorized Agent Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 4 of 4 C-Seafood-04/05 ENGINEERING ALTERNATIVE ANALYSIS FOR SUNBURST TROUT FARM 128 RACEWAY PLACE CANTON, NC 28716 HAYWOOD COUNTY, NORTH CAROLINA PREPARED BY: \A t C p CIVIL DESIGN CONCEPTS, PA GIN: 200 Swannanoa River Road 1210 S.Main Street Asheville,NC 28805 Waynesville,NC 28786 [ Phone: 828-252-5388 Phone: 828-452-4410 Fax: 828-252-5365 Fax: 828-456-5455 www.civildesignconcepts.com 0 NCBELS Firm#C-2184 B No.21305 MAR 6 2013 41BRUARY 25,2013 DENR=WATER OUALITY POINT SOURCE BRANCH Anburst Trout Farm Wastewater Treatment Alternatives Analysis Page 2 of 9 Introduction Sunburst Trout Company,located in Haywood County,NC,was founded in 1948 and is in the business of raising,processing and distributing rainbow trout to customers throughout the Country. Historically,the facility has been served by an on-site sanitary sewer treatment system that has succumb to some issues that are beyond repair. The fish processing and production is done on Monday,Tuesday,Thursday and Friday of each week. The average daily wastewater flow(process and domestic)on those days is approximately 2,200 gallons per day based on recent water use monitoring performed by the Owner. This includes both domestic and process wastewater. On non-process days(Wednesday, Saturday and Sunday)the flows primarily consist of domestic and kitchen flows,and while not recently monitored, are anticipated to be 500-600 gallons per day or less based on the number of employees(15+/-)and some amount of kitchen usage. While it is acknowledged that on-site subsurface disposal(Alternative B)appears to be the most technologically and economically desirable alternative,it should also be noted that the specific costs associated with the acquisition of suitable land and also the lands ability to assimilate the wastewater are assumed at this time and additional information with regard to these two items is warranted in order to arrive at the same conclusion with absolute certainty. In the event that suitable land,within close proximity to the site could not be obtained,then a discharge to surface waters appears to be the next reasonable alternative assuming all other assumptions hold true. Step 1 Zero Flow Stream Restrictions: Based on information as provided by the USG§ (Mr.J. Curtis Weaver)it is not anticipated that the proposed point of discharge will be at a point on the West Fork of the Pigeon River that is subject to a zero flow. Receiving Stream Classifications: The West Fork of the Pigeon River is classified as WS-III; Tr. Basinwide Water Quality Plans: The subject site is located and contained within the area covered by the French Broad River Basinwide Water Quality Plan. Impaired Waters and TMDL's : The 2012 North Carolina Integrated Report lists,the West Fork of the Pigeon River(from source to backwaters of Lake Logan)as supporting aquatic life with excellent bioclassification. The subject discharge point is located at the just downstream of the Lake Logan dam. Presence of Endangered Species: It is stated in the Basinwide Water Quality Plan noted above in the Pigeon River Subbasin Overview that the West Fork—Pigeon River and the Pigeon River are one of the few remaining areas to support the Appalachian Elktoe Mussel which is federally endangered. Gnburst Trout Farm Wastewater Treatment Alternatives Analysis Page 3 of 9 Step 2—Projected Flows The projected flows for the facility are non-domestic flow and are not influenced by population. The flows are tied to the overall capacity of the company's market share and live fish production capability of the trout farm. The fish processing and production is normally done at Sunburst Trout Company on Monday,Tuesday,Thursday and Friday of each week. The average daily wastewater flow(process and domestic)on those days is approximately 2,200 gallons per day based on recent water use monitoring performed by the Owner. This includes both domestic and process wastewater. On non-process days(Wednesday, Saturday and Sunday)the flows primarily consist of domestic and kitchen flows,and while not recently monitored, are anticipated to be 500 —600 gallons per day or less based on the number of employees(15+/-) and some amount of kitchen usage. For the purposes of this analysis,we have projected a future flow of 3,000 gallons per day or an increase of approximately 36%from the current base flow. We would anticipate that if flows ever exceeded the 3,000 gallon per day threshold that additional tankage could be added to provide flow equalization to buffer the discharge given that the facility only generates the process flows on four out of seven days a week. Step 3—Evaluate technologically feasible alternatives • Connection to an existing wastewater treatment plant—Alternative A The Sunburst Trout Farm in Haywood County,NC is located approximately 9 miles from the closest Municipal Wastewater Collection System(Town of Canton)which is tributary to an existing wastewater treatment facility owned by Evergreen Packaging(formerly Blue Ridge Paper Products and also formerly Champion Paper) Given the vast distance from the existing connection point,neither a gravity system or a pump station and force main system are given regard as feasible alternatives for this project. In addition to the capital costs associated with either of these alternatives,it is anticipated that a number of private easements would have to be secured in order to successfully construct either a gravity collection line or a force main route. For general context a preliminary opinion of cost is noted below for each: Gravity Sewer Collection Line 47,000 LF x$60/LF= $2,820,000 Rock Excavation(10%of 5' deep,3' wide trench)2,611 CY @$120/CY $ 313,320 Manholes-235 structures @$2,500/each $ 587,500 Right of Way Acquisition(1/2 length x 20' width) 11 acres @$10,000/ac $ 110,000 Construction Subtotal $3,830,820 sunburst Trout Farm Wastewater Treatment Alternatives Analysis Page 4 of 9 Engineering/Legal (15%of Construction Subtotal) $ 574,623 Total Project Estimate $4,405,443 Pump Station and Force Main 4"Force Main—47,000 LF x$30/LF= $1,410,000 Rock Excavation(10%of 3.5' deep,3' wide trench) 1,827 CY @$120/CY $ 219,240 Pump Station Wet Well/Pumps/Electrical $ 175,000 Right of Way Acquisition(1/3 length x 10' width) 3.6 acres @$10,000/ac $ 36,000 Construction Subtotal $1,840,240 Engineering/Legal (15%of Construction Subtotal) $ 276,036 Total Project Estimate $2,116,276 • Land Application Alternatives—Alternative B Onsite Subsurface System While sufficient land area is not available on the subject property for the installation of an on-site sewer subsurface,drip irrigation or spray irrigation system, the evaluation below assumes that suitable land could be identified and purchased nearby for the purposes of situating a subsurface system with a proposed drainfield and repair area. Based on reasonable estimates for soils within the area,a Long Term Application Rate of 0.35 gal per day/square foot is assumed. Using the proposed design flow of 3,000 gallons per day,this would require approximately 8,571 square feet of application area. Assuming a three foot wide trench that would equate to 2,857 LF of conventional trench in the drainfield. Using a nine foot center to center trench spacing,that would require a land area of approximately 0.6 acres for the primary drainfield. Once setbacks,landscape irregularity and other site specific features are included,it would be sound to plan around 1.25 acres to be identified for the primary drainfield. This area should be doubled to allow sufficient space for a repair area drainfield for a total of 2.5 acres of land area required. Land Area—2.5 acres @$25,000/Acre $ 62,500 Sunburst Trout Farm Wastewater Treatment Alternatives Analysis Page 5 of 9 Conventional sewer trench—2875 LF x$25/LF= $ 71,875 Septic Tanks/Treatment Units/Pumps $ 125 000 Electrical $ 15,000 Soils Investigation $ 18,000 Forcemain Line 1,500 LF @$20/LF $ 30,000 Engineering $ 25,000 Legal $ 10,000 Total Project Estimate $ 357,375 • Water Reuse—Alternative C Based on the rural nature of the area surrounding the subject site and the low density of development,the opportunity for water reuse is very limited. Irrigation of any kind is not common as the surrounding area is traditionally rich with rainfall. In addition,there are no athletic fields or golf courses nearby that would benefit from use of the reclaimed wastewater. Based on the absence of viable reuse opportunity,the water reuse alternative is viewed as not feasible. • Direct Discharge to Surface Waters—Alternative D Treatment Plant(Septic Tank/Advantex Pods/Denitrification/Polishing 6"Gravity Line—500 LF x$30/LF= $ 15,000 Grease Trap— 10,000 gallon $ 30,000 Septic Tank— 10,000 gallon $ 30,000 Recirculation Tank/Pumps/Controls $ 52,000 Denitrification Tank/Media— 10,000 gallon $ 40,000 Sunburst Trout Farm Wastewater Treatment Alternatives Analysis Page 6 of 9 Packed Bed Treatment Pods(3 Total) $ 80,000 Polishing Tank/Pumps/Controls $ 48,000 Chemical Feedd day tank/pumps $ 17,000 Electrical—Lump Sum $ 22,000 Discharge Line—500 LF x$30/LF= $ 15,000 Sitework/Grading/Erosion Control $ 25,000 Construction Subtotal $ 374,000 Engineering/Legal (15%of Construction Subtotal) $ 56,100 Total Project Estimate $ 430,100 Present Value of Costs Analysis Discount Rate=4.875%,Term=20 years Gravity Sewer Collection Line Co=Total Project Estimate $4,405,443 Ct=Operation and Maintenance Costs WWTP Sewer Acceptance Charges $3.50/ 1000 gallons x 2000 gal/day(avg)_$7.00/day or $2,555.00/year(annual cost) Repair and Maintenance—Assumed this would be owned by the municipality at no cost to developer,therefore this cost would be zero. PV=$4,405,443 + $2,555 (12.595)(as a factor of discount rate and years) Gravity Sewer PV=$4,437,623 Sunburst Trout Farm Wastewater Treatment Alternatives Analysis Page 7 of 9 Pump Station and Force Main Co=Total Project Estimate $2116 276 Ct=Operation and Maintenance Costs WWTP Sewer Acceptance Charges $3.50/ 1000 gallons x 2000 gal/day(avg)_$7.00/day or $2,555.00/year(annual cost) Annual Electrical Charges $2,400/year Line Repair/Pump Maintenance $9,000/year PV=$2,116,276+$13,955 (12.595) (as a factor of discount rate and years) Pump Station and Force Main PV=$2,292,039 Land Application Alternative—On-Site Subsurface System Co=Total Project Estimate $357,375 Ct=Operation and Maintenance Costs Operation and Testing Services $ 700(monthly)=$ 8,400/annually Electrical Costs $ 900(monthly)=$10,800/annually Repair and Maintenance $ 300(monthly)=$ 3,600/annually PV=$ 357,375 + $22,800(12.595) (as a factor of discount rate and years) On-Site Subsurface System PV=$644,541 Sunburst Trout Farm Wastewater Treatment Alternatives Analysis Page 8 of 9 Discharge to Surface Waters Alternative Co=Total Project Estimate $430 100 Ct=Operation and Maintenance Costs Operation and Testing Services $ 1,600(monthly)=$19,200/annually Electrical Costs $ 1,300(monthly)=$15,600/annually Chemicals for Treatment $ 250(monthly)=$ 3,000/annually Repair and Maintenance $ 400(monthly)=$ 4,800/annually PV=$430,100 + $42,600(12.595)(as a factor of discount rate and years) Discharge to Surface Waters PV=$966,647 Sunburst Trout Farm Wastewater Treatment Alternatives Analysis Page 9 of 9 Attachments • Haywood County GIS—Aerial Map of Subject Property • Local Government Review Form • NCDWQ—Stream Classification for West Fork Pigeon River • 2012 North Carolina Integrated Report for West Fork Pigeon River(Just upstream of the subject property) Z W O J V P 0 Q M Z m U W M Cl) m CO �(� O o Z9=� fi�8t�8 BEcE aQO O c) OOOO CD T- OO co IL ) m � Q T- W J 1� (O M Cl) O O .Qj 8 m 40 W V- O CD _ pLO � co LU w M O O^ O O I CL 00 Q co It ca ujoa rn (- acU � 0tco � in ��E E 3�3 ILd N V J N8� € W CD o U o eo Q � Z Q ui w (D v Q V Z c EW OaU m d ui m 4 IZ O O 160� wU Z > w < a > > a aim E�SW 5 m > u .. O m O. W m F- J J m Q N > C *' U) C l0 N E a N J O Q Z '� CO O O a�0i y :° 3 m e .a .� m X z E�$���=q Z U = F- 12 CO) J m Q (o co F- o a 8 E LP L m O U m w m A Attachment A. Local Government Review Form General Statute Oyer,io. North Carolina General Statute 143-215.1 (c)(6)allows input from local governments in the issuance of NPDES Permits for non-municipal domestic wastewater treatment facilities. Specifically, the Environmental Management Commission (E1MC) may not act on an application for a new non-municipal domestic wastewater discharge facility until it has received a written statement from each city and county government having jurisdiction over any part of the lands on which the proposed facility and its appurtenances are to be located. The written statement shall document whether the city or county has a zoning or subdivision ordinance in effect and(if such an ordinance is in effect)whether the proposed facility is consistent with the ordinance. The EXIC shall not approve a permit application for any facility which a city or county has determined to be inconsistent with zoning or subdivision ordinances unless the approval of such application is determined to have statewide significance and is in the best interest of the State. Instructions to the AuV ic=: Prior to submitting an application for a NPDES Permit for a proposed facility, the applicant shall request that both the nearby city and county government complete this form. The applicant must: • Submit a copy of the permit application(with a written request for this form to be completed)to the clerk of the city and the county by certified mail,return receipt requested. • If either(or both) local govemment(s) fails) to mail the completed form,as evidenced by the postmark on the certified mail card(s),within 15 days after receiving and signing for the certified mail, the applicant may submit the application to the NPDES Unit. • As evidence to the Commission that the local government(s) failed to respond within 15 days,the applicant shall submit a copy of the certified mail card along with a notarized letter stating that the local government(s)failed to respond within the 15-day period. Instructions t I ove anent: The nearby city and/or county government which may have or has jurisdiction over any part of the land on which the proposed facility or its appurtenances are to be located is required to complete and return this form to the applicant within 15 days ofreceipt. The form must be signed and notarized. Name of local government Haywood County Government (City/County) Does the city/county have jurisdiction over any part of the land on which the proposed facility and its appurtenances are to be located? Yes[x ] No[ ] If no,please sign this form,have it notarized,and return it to the applicant. Does the city/county have in effect a zoning or subdivision ordinance? Yes[x ] No[ ] If there is a zoning or subdivision ordinance in effect,is the plan for the proposed facility consistent with the ordinance? Yes[x ] No[ j Date I^ebruarly 19,2013 Signature (City Manager/County;.\Manage State 0f!1�Of`k LA County of !'r On this I R+� day of '6CLA a013,personally appeared before me,tht said,- ` name / 1 y�1 *tA SA-Prjl el j to me known and known to me to be the perso�u described to and who executed th oregoing docu ent and he(or she)acknowledged that he(or she)executed the same and being duly sworn by me,made oath that the statements in the foregoing document are true. My Commission expires ,(Signature of Notary Public) Notat• ublic(Official Seal) EAA Guidance Document Version: June 23, 2005 Page I of 8 Rimor BSFr1 Name hl0rrfer A "! / Rescripttc#r; v r �� e Webb Creek 6-57-13-3 C;Tr 04/01/96 ............. - ..... From source to Gap Creek l [. Wesley Creek 5-32-6 C 09/01/74 ..................................................................................................................................................................................................................__..._..........................................._... .From source to Fines Creek - _ ..... ................ Wesley Creek(Bent Creek Ranch Lake) 6-67-10 B 08/01/02 ..... .......... ..... From source to Bent Creek ...... .... West Branch 6-106-6 C 07/01/73 ._ From source to Walnut Creek West Cove Branch 5-8-2 C 09/01/74 .... .... .... .From source to Beaverdam Creek .. f f..... West Fork Bull Creek 6-96-16-2 C 07/01/73 _._ ..... rom source to Bull Creek , West Fork Campbell Creek 5-26-8-2 WS-III;Tr 08/03/92 _.._. From source to Campbell Creek West Fork French Broad River 6-2-(7.5) B;Tr,HQW 08/01/02 From Transylvania County SR 1312 to French Broad River f West Fork French Broad River 6-2-(0.5) B;Tr 08/01/02 - ...... .... From source to Transylvania County SR 1312 .... West Fork Little Creek 6-118-19-4-1 C;ORW 09/01/09 :From source to Little Creek - lI West Fork Pigeon River(Lake Logan) 5-2 WS-III;Tr 08/03/92 ... :From source to Pigeon River ll ....._.. ..... West Fork Shut-in Creek 6-125-1 C 04/01/58 From source to Shut-in Creek West Prong Glade Creek 6-36-3 C 07/01/73 ..... ,,From source to Glade Creek .. 1 West Prong Glady Fork 6-6-7-2 C;Tr 07/01/73 .... -_. ....- .- -.. ..... ..... __ From source to Glady Fork I .... ._ f ............ West Prong Hickory Fork 6-112-26-7-1 C;Tr,ORW 09/01/09 .... ..... From source to Hickory Fork West Ridge Branch 6-54-3-7 WS-II;Tr,ORW 08/03/92 'From source to South Fork Mills River Thursday,February 09,2012 Based on Classifications as of 20120208 Page 105 of 110 \ p .O N .. ........ .. V ............ ................... N N ... N ....... .......... to / � m N /K N L N = = N \\r } 3 3 N u 3 3 0 N \\. $' W�" \ y 4P " 0 tn 0 3 0 3 0 c c aCi a a� t co m m +� 41 ? fo "55 (Q cu cc tw bD to 0 [6CL C w O 0 0 N ` K 0 .Q a m ate, Q " txo CL C b.0 O O 7 0 3 3 0 0 0 Q w JO LL 'a w w w dd r U G! O / N 0 cm u mm tlo fu 42 Ln U Li=Y Y um 0 uC O o m 01m o > c fQ CL LL r +� ° c v N /i � W z N N z ate+ O 1u6 X X r1 U O W 3 W N Ln C \ S 3 0 S N %� a o tw L L. L L A9 U 0 O � �k \ O O p p F O / u' LL lL 1L LL 8 0 U O U U U U a a of O U Ln ob > > _y N a = c "� Y 0 / C bD Z tl0 Z i tlA 0 0 tlD co to r- c LL -' c c c CO ?� W N t /W� !�0 > t y Y E 0 v 3 i O C7 L O �7 3 N O 41 /0 O E O L a a .Q n 5 Q m n n n a �y 3 1 O to N ` v Ln ... ._..... - f6 .................................__.. u .�. ...... i. ......_ ..... ....... 0 N N ric h/ lA u1 u1 of \rr- j u n n ^ ^ y n �� NCD NR North Carolina Department of Environment and LIVED Division of Water Quali y Pat McCrory Charles Wakild, P. E. John Sh arla Governor Director MAY 16 2013 SecrE tary April 30,2013 DwQ/Surface water Protection Section Steve Eason,Owner Asheville Regional Office Sunburst Trout Company 128 Raceway Place Canton,North Carolina 28716 Subject: Review of Application for NPDES Permit and Engineering Alternative Analysis(EAA) Prospective NPDES Permit NCO089338 For Sunburst Trout Farm, Canton Haywood County Dear Mr. Eason: In accordance with the Division of Water Quality policy,we hereby return the attached Engineering Alternative Analysis received on March 10, 2013. After a preliminary review by the NPDES staff,the Division has determined that the EAA package lacks the following: Complete Evaluation of Discharge Alternatives. The Division requires applicants for new and expanding discharge permits to fully document all alternatives to surface water discharge [15A NCAC 2H.0105 (c)(2)]. Each discharge alternative should be thoroughly evaluated and each conclusion should be substantiated by appropriate documents and itemized budgets. Please evaluate the feasibility of alternatives: drip irrigation, spray irrigation, and wastewater reuse. Please follow the EAA guidance (enclosed) and fulfill all listed requirements. The evaluation of these alternatives should include the cost of acquiring 2.5 acres from adjacent properties. Direct Discharge to Surface Waters. Please make sure that your evaluation of the direct discharge alternative follows EAA Guidance recommendations: "All direct discharge systems of oxygen-consuming wastes should be evaluated based on tertiary filtration[BOD5= 5 mg/L, NH3-N= 2mg/L, total residual chlorine = 17,ug/LJ, assuming a weekly sampling regime." Please provide the detailed budget for each evaluated aIternati Respect/ ly, Joe R. ron, G NPD` Program WA hc: ARO/SWPS,Attn: Chuck Cranford, Supervisor;-, NPDES Program Files ec: NPDES,Attn:John Hennessy; Sergei Chernikov 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 one Location:512 N.Salisbury St.Raleigh,North Carolina 27604 NOrthCarolina. Phone:919 807-63001 FAX:919 807-64921 Customer Service:1-877-623-6748 ��/R'turR`l1/ Internet:www.ncwaterquality.org i/ An Equal Opportunity\AffiirmativeAction Employer Engineering Alternatives Analysis (EAA) Guidance Document North Carolina Division of Water Quality / NPDES Unit NOTE: The N.C. Division of Water Quality (DWQ) will not accept an NPDES application for a new or expanding wastewater treatment plant discharge unless all the required application requirements are submitted. A complete NPDES application will include the following items: NPDES Application Form (in triplicate) Application Fee Engineering Alternatives Analysis (in triplicate) Local Government Review Form (non-municipals only) Failure to submit all of the required information will result in return of the incomplete package. If you have any questions about these requirements, contact the NPDES Unit staff at 919-807-6300. Application forms, applicable fees, and guidance documents are available on the NPDES website at http://portal.ncdenr.org/web/wa/swp/ps/nl2des. Completed applications should be mailed to: NCDENR/DWQ/NPDES Unit,1617 Mail Service Center, Raleigh,NC 27699-1617. Background The NPDES permit program was enacted in 1972 as part of the Clean Water Act. The original goal of the program was to eliminate all point source discharges to surface waters by 1985. Although this goal was not achieved, the NPDES program continues to strive toward it. In that light, an Engineering Alternatives Analysis (EAA) is required with any NPDES application for a new or expanding wastewater treatment plant discharge, in accordance with 15A NCAC 2H.0105(c)(2). In order for an NPDES application to be approved, the EAA must provide complete justification for a direct discharge to surface water alternative,and demonstrate that direct discharge is the most environmentally sound alternative selected from all reasonably cost-effective options [per 15A NCAC 2H.0105(c)(2)]. The purpose of this EAA Guidance Document is to provide guidance to the regulated community for the evaluation of wastewater disposal alternatives. The impetus behind this comprehensive guidance was based on the following: 1) a majority of new NPDES applications were being returned as incomplete due to inadequate EAA submissions; and 2) a few recent court cases resulted in unfavorable rulings for the NPDES discharger due in part to inadequate EAAs. DWQ most frequently returns EAAs as incomplete due to inadequate flow justification, inadequate alternatives evaluations,and/or lack of documentation/references used to design and cost alternatives. Please note that this guidance document is designed primarily for domestic wastewater discharges. For other proposed discharges such as water treatment plant discharges from ion exchange and reverse osmosis units, some alternative disposal options may not be technologically feasible. Within this guidance document,we have attempted to point out where such technological limitations may exist. You are urged to review NPDES permitting guidance documents on the NPDES website,which discuss some of the limited disposal options for some discharges. Please note that if a proposed municipal expansion is subject to SEPA Environmental Assessment (EA)/Environmental Impact Statement (EIS) requirements, the EAA requirements should be incorporated into the SEPA document. In addition, the NPDES Unit cannot accept an application for anew/expanding NPDES discharge until departmental review of the SEPA document is complete and a Finding of No Significant Impact (FONSI) has been submitted to the State Clearinghouse for circulation. The following step-by-step outline should be used for the preparation of all EAA submissions. If an EAA submission lacks any of these basic elements,the NPDES application will be returned as incomplete. EAA Guidance Document Version: June 23, 2005 Page 1 of 8 All applicants. If you conclude that the proposed discharge will pass the "allowable discharge" criteria, then begin the EAA preparation by summarizing the following general information about the proposed project: ■ Provide a description of the proposed project. If the project will be constructed in phases, provide a schedule for constructing each additional phase,and provide the projected flow per phase (see STEP 2). ■ Applicant name,mailing address,phone number,contact person ■ Facility name,address,county,phone number, contact person ■ EAA preparer's name,mailing address,phone number, contact person STEP 2. Provide reasonable projections for population and flow Residential Population Projections. Facilities requesting an NPDES discharge permit for new or expanding domestic wastewater discharges must document the population to be served within the service area over a 20-year planning period. The NC State Demographics unit provides population data for each county and municipality and can be accessed on the Internet at http://www.demog.state.nc.us. If 20-year population projections for specific areas are not available, a linear extrapolation of population trends from the past decade should be used. Any deviation from a linear projection method must be clearly justified. If population projections include future annexations,include a proposed annexation schedule as well as any annexation requirements that must be met. Municipal Flow Projections. justification of flow as well as a demonstration of need shall be provided. Mere speculation is not sufficient. Flow projections should represent average anticipated flows, since permit flow limits are based on monthly averages. Peaking factors used to design various components of the wastewater collection system (e.g., collector sewers, interceptor sewers, pumping stations) should not be used in the justification of the average anticipated flow. For municipal wastewater dischargers, flow must be justified using the Clean Water State Revolving Fund (CWSRF) criteria available on the Internet at http://www.nccgl.net/fap/cwsrf/. Exceptions to these flow criteria may be approved on a case-by-case basis provided adequate justification is supplied. ■ Current Flow- Provide current flows including residential, commercial, industrial, and non-excessive infiltration/inflow (I/1) based on actual flow data or water billing records. Current residential flow and current commercial flow may be based on water billing records minus a 10% consumptive loss. Current industrial flow may be based on dual metering to determine consumptive losses. Current non-excessive I/I should also be determined in accordance with CWSRF criteria. If I/I is demonstrated to be above CWSRF criteria, that infrastructure contributing to excessive I&I must either be repaired or replaced prior to any request for flow expansion. ■ Future Residential Flow- Provide 20-year residential flows based on projected residential growth. Multiply the projected growth in residential population by 70 gallons per day per capita. ■ Future Commercial Flow- Provide 20-year commercial flows based on projected residential growth. Multiply the projected growth in residential population by 15 gallons per day per capita. ■ Future Industrial Flow- Provide flow for future documented industrial flow. A nominal allowance for future unplanned industrial expansions may be considered by the Division, provided the basis is clearly justified and current land-use plans and local zoning allow for such industrial growth. ■ Future Non-excessive I/I- A nominal allowance for non-excessive I/I for new sewer lines may be considered by the Division,provided the basis is clearly justified. Non-Municipal Flow Projections. Flow may be justified in accordance with 15A NCAC 2H .0219(1) for various activities (e.g., new subdivisions, new schools, various commercial activities). For other proposed discharges (e.g., groundwater remediation, water EAA Guidance Document Version: June 23, 2005 Page 3 of 8 in the past. If the municipality will not accept the wastestream, the connection alternative is also considered technologically infeasible. Please note that in-situ and closed-loop groundwater remediation wells are permittable well types and further guidance is available through the Aquifer Protection Section. Aside from these exceptions,you should proceed with the alternatives evaluation in accordance with the following requirements. If you have any questions about these requirements, contact the NPDES Unit staff. Alternative A. Connection to an Existing Wastewater Treatment System. You must evaluate the feasibility of connecting to an existing wastewater treatment system served by a municipality or other entity holding a valid NPDES or Non-Discharge Permit. All connection options should include an evaluation of a gravity line and/or force main with pump station(s). 1. Existing Sewerage System: (a) Identify whether there are existing sewer lines within a five-mile radius, or consider a greater radius if cost effective for the project size. (b) Provide a preliminary indication of flow acceptance from existing municipal or private WW'I"Ps under consideration for connection. If a municipal or private WWTP cannot accept the wastewater, include a letter documenting such and consider this alternative-technologically infeasible. (c) If an existing sewerage system will accept the wastewater, evaluate the piping/pumps/resources necessary to connect to the existing wastewater treatment plant. Attach a topographic map or a site drawing showing the physical route of this alternative. Conduct a Present Value Cost Analysis per STEP 4. 2. Planned Sewerage Svstem: Determine if a regional sewerage system within a five mile radius is projected to be available within the next five years to receive waste from the project site. If applicable, determine availability date and flow acceptance projection from appropriate authority. Alternative B. Land Application. Land application disposal alternatives include individual/community onsite subsurface systems, drip irrigation, and spray irrigation. 1. Provide an estimate of the best case hydraulic loading rate based on County Soil Surveys or from a soil evaluation performed by a soil scientist. Include calculations showing the hydraulic loading rate and the total area of land needed for the land disposal system,including buffers. 2. Assess the availability of land. If insufficient land is available onsite, assume that the necessary land can be purchased and estimate the land purchase cost based on local real estate prices. Alternatively,provide documentation to demonstrate that insufficient land is available for sale in the project area (include letters from adjacent property owners indicating no interest in selling property). 3. Provide a description of the wastewater treatment system and the non-discharge application system. Include a site plan showing the proposed layout, the application area, any existing structures, proposed structures,and other uses within the site. 4. Explain the proposed reuse plan if reclaimed water will be used by a third party. 5. Conduct a Present Value Cost Analysis per STEP 4. For the reclaimed water system include the potential revenue generated by selling the water. 6. Provide all calculations, documentation and maps as necessary to support assumptions and conclusions. 7. Note:The design of land application systems must meet the treatment and design requirements specified in 15A NCAC 214.0219 or 15A NCAC 18A.1900. 8. Note: Proposed discharges from groundwater remediation systems must evaluate the potential for an infiltration gallery treatment alternative. Alternative C. Wastewater Reuse. You must evaluate reusing all or a portion of the wastewater generated. Some municipalities are currently reusing wastewater within the confines of their WWTP property for irrigation, toilet flushing, backwashing, etc.,while other municipalities have established progressive reuse programs for residential irrigation. Reuse applications might include golf course irrigation, crop irrigation (e.g., hardwood or pine plantation,grasses), athletic field irrigation, landscape uses, and commercial/industrial uses. Some of these reuse applications will be evaluated under Alternative B, Land EAA Guidance Document Version: June 23,2005 Page 5 of 8 Recurring Costs ■ Operation and maintenance costs (with replacement costs) ■ Laboratory costs assuming a weekly monitoring regime for discharge systems and a monthly regime for non-discharge systems ■ Operator and support staff costs ■ Residual disposal costs ■ Connection fees and subsequent user fees ■ Permit and compliance fees ■ Utility costs (power,water,etc.) Lost 012portuni , Costs PVCA Calculation Method. The following standard formula for computing the present value must be used in all cost estimates made under this. evaluation: n r PV= C + C � Where: PV =Present value of costs. Co = Costs incurred in the present year. Ct = Costs incurred in time t. t =Time period after the present year(The present year is t= 0) n =Ending year of the life of the facility. r = Current EPA discount rate. EPA adjusts this rate annually on October 1, and it can be accessed from the Internet at http:/www.nccgl.net/fap/cwsrf/201gui.html. If recurring costs are the same in years 1 through 20, then Ct=C and the formula reduces to: J(I +r)' r(1+r) J As an example,assuming capital costs (Co) of $2 million,annual recurring costs (C) of$40,000,and a discount rate (r) of 5.625%,the 20-year (n=20) present value of costs would equal: PV= capital costs + recurring costs X [(1+0.05625)20—1] / [0.05625(1+0.05625)20] PV= $2,000,000 + $40,000 X [1.98/0.168] PV= $2,000,000 + $471,428 PV= $2,471,428 PVCA Summary Table. The EAA must include a Summary Cost Table,which summarizes present worth costs developed for all technologically feasible wastewater alternatives. The summary should include a breakdown of capital costs and recurring costs. In some situations,the Division may require the applicant to refine cost estimates for some alternatives, or possibly collect actual soil data to better characterize the land application alternative. Ultimately, the final determination on cost effectiveness is made by the Division with consideration of monetary costs as well as potential environmental impacts. EAA Guidance Document Version: June 23, 2005 Page 7 of 8 S4JdVBURS 1. .1 R®_dJT,CO1V1.11`11,�1�" zewww.sunbmrsttraut.com'. 128 Raceway Place Canton, North Carohna28716 Attu; 1VIT. Steve Easo hes@sunbursttrout.com - (806) 673-3051 (828) 6484010 Fax (828) 648-9279 1`28 Raceway Place: Canton NC'28716. . February 1-1, 2013, r NCDENR= Division of Water'Quality NPD'ES Unit Attn: Mr. Joe Corporon;"L.G. 1617Mail Service Center Raleigh,NC 27699-1617 Re NPDES Permit Application .Short From C Seafood Mr. Corporon: . Please find enclosed the-followmg items with respect to our'app.licat on for'an NPDES permit for the Sunburst Trout Farm located"in Haywood County,.NC. NPDES.Apphcation Form(3 copies) • A check in the amount of$860 00 made payable to NCDENR • Engineering Alternatives Analysis (3 copies) • A 70-10 Flow Estimate from the US Geological Survey at the proposed,point of wastewater discharge ' Upon approval of this application, it would be our intention to have.specific'design plans prepared by Civil Design opts -PA, in order to make the-necessary submittal for an Authorization to.Construct. Please""do not hesitate to contact me with any questions_that you may have regarding the same: Sincerely, Steve Eason NPDES PERMIT APPLICATION - SHORT FORM C-Seafood This form should be completed by seafood processing facilities and mailed to: N. C. Department of Environment and Natural Resources Division of Water Quality/NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Website: [http://h2o.enr.state.nc.us/NPDES/] NPDES Permit Number INCOO Please print or type 1. Contact Information: Facility Name Sunburst Trout Farms Owner Name Steve Eason Street Address 128 Raceway Place City Canton State / Zip Code NC 28716 Telephone Number (828) 648-3010 Fax Number (828) 648-9279 E-mail Address steve(&,sunbursttrout.com Operator Name Steve Eason Street Address same as above City same as above State / Zip Code same as above County same as above Telephone Number (same as above) 2. Location of facility producing discharge: Check here if same as above Facility Name (If different from above) Street Address or State Road City State / Zip Code County 3. Ownership Status: Federal ❑ ❑ State ❑ Private ® Public 4. Standard Industrial Classification (SIC) code(s): Canned/Cured Fish & Seafood (2091) ❑ Prepared Fresh or Frozen Fish& Seafood (2092) 5. Do you process seafood and/or pack seafood? (if you only pack seafood, you maybe eligible for coverage under a general permit-please call the NPDES Unit at 919-807-6300): Process❑ Pack Only ❑ Process and Pack Page 1 of 4 C-Seafood-04/05 NPDES PERMIT APPLICATION - SHORT FORM C-Seafood 6. Facility Operations and Associated Federal Regulations: (check all that apply) Product' §4U3CFR 408 Check Outfallt ' �. Sub art if A licable Number s p PP. 1 Breaded Shrimp Processing M Non-Breaded Shrimp Processing L Manually Processed Blue Crab B Mechanically Processed Blue Crab C Hand Shucked Clam Processing W Mechanically Shucked Clam Processing X Scallop Processing AD Fish Meal Processing O Manually Processed Bottom-Fish U Mechanically Processed Bottom-Fish V Hand-Shucked Oyster Processing Z Mechanically Shucked Oyster Processing AA Other(Specify) Rainbow Trout Processing X anticipate 1 Other (Specify) 7. Production Information: Outfall OOI= Production Report e of Seafood (Report grass weigYit of productpnor fo processing, ] Exee oon for o stern and scallo s re" art roduct Wei ht after roces"sin Trout P y P P p g R g•) Processed: Maximum Pounds 1500 (pounds) in a Single Day Processed:Average of Daily 800 (pounds per day) Values in 30 Consecutive Days If discharge occurs all year, check here or list the month(s) in which discharge occurs: Number of days per Comments: Process days are Mon,Tues,Thursday, Friday week discharge occurs: 4 Production Report Outfall f(Re(Report ross wei ht o r,oduct ,noro PTQcessinz Type of Seafood]' Exception# for oysters and"scallopsre ort `roduct.Gveight;after processing. Processed:Maximum Pounds (pounds) in a Single Da Processed:Average of Daily (pounds per day) Values in 30 Consecutive Days If discharge occurs all year, check here ❑ or list the month(s) in which discharge occurs: Number of days per Comments: week discharge occurs: Production Report Outfall 00 Re ,ort rosy wei ht of 'roduct nor�o rocessin ( p g. . b. p } — g . Type of Seafood] Exce tioit: for oysters and scallops re` ort roduct wei ht after 'rocessing. Processed: Maximum Pounds (pounds) in a Single Day Processed:Average of Daily (pounds per day) Values in 30 Consecutive Days If discharge occurs all year, check here ❑ or list the month(s) in which discharge occurs: Number of days per Comments: week discharge occurs: To list additional outfalls, duplicate this page and correct outfall number(s). NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, Page 2 of 4 C-Seafood-04/05 NPDES PERMIT APPLICATION - SHORT FORM C-Seafood include a schematic diagram of wastewater flow at the facility. 8. Types of wastewater discharged to surface waters only: Type Average Flow GALLONS PER OPERATING MONTH Sanitary Sewer-monthly average Cooling Water- monthly average Process Water- monthly average 40000 Packing Water-monthly average Other-(Please Specify) 9. Number of employees: 15 10. Number of separate discharge points: we anticipate only one discharge point 11. Name of receiving stream(s) (Provide a map showing the exact location of each outfall) West Fork of the Pigeon River 12. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number Type Permit Number ❑ None ❑ Non-Attainment ❑ UIC ❑ Ocean Dumping Cert. of Coverage ® NPDES NCG530065 ❑ Dredge/Fill Permits ❑ PSD ❑ RCRA ❑ NESHAPS ❑ Other 13. Are any of the following substances added as a result of your operations, activities, or processes? (Check all that apply): Biocides for Algal Control ❑ Chlorine/Bleach ® Other(please specify below) Sanitizers and soaps are used for cleaning purposes, all of which are FDA food safety approved Page 3 of 4 C-Seafood-04105 NPDES PERMIT APPLICATION - SHORT FORM C-Seafood 14. Application Supplement-Conventional Pollutant Analyses [under§40CFR 122.21]. Show this list to your North Carolina-certified laboratory. Provide data for the parameters listed.Temperature and pH shall be grab samples,for all other parameters 24-hour composite sampling shall be used.If more than one analysis is reported,report daily maximum and monthly average. If only one analysis is reported,report as daily maximum. Parameter Daily Monthly Units of Maximum Average Measurement Biochemical Oxygen Demand (BOD5) 891 856 mg/L Chemical Oxygen Demand (COD) 2180 1583 mg/L Total Organic Carbon 309 200 mg/L Total Suspended Solids 246 195 mg/L Ammonia as N 1.1 0.91 mg/L Temperature (Summer) not taken not taken Temperature (Winter) 57 56 deg F pH 6.4 6.6 standard units 15. Is this facility located on Native American lands? (check one) YES ❑ NO 16. Treatment Components-Provide a narrative description of installed wastewater treatment components at the facility. Include sizes&capacities for each component. The proposed system will replace an exissting failed ground apsorption septic system that has historically served the facility. Upon reciept of the discharge limits from NCDWQ, the proposed treatment system will be designed to support the same. 17. Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Steve Eason Owner Printed name of Person Signing Title Signature of Applicant r Authorized Agent Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 4 of 4 C-Seafood-04/05 ENGINEERING ALTERNATIVE ANALYSIS FOR SUNBURST TROUT FARM 128 RACEWAY PLACE CANTON, NC 28716 HAYWOOD COUNTY, NORTH CAROLINA PREPARED BY: CA .Q CIVIL DESIGN CONCEPTS, PA %F GI-NI C. 89�`0� 200 Swannanoa River Road 1210 S.Main Street �► Z (� Asheville,NC 28805 Waynesville,NC 28786 Phone: 828-252-5388 Phone: 828-452-441 Fax: 828-252-5365 Fax: 828-456-545 ll ntlA�w� ' www.eivildesigneoncepts.com �. NCBELS Firm#C-2184 ' JOB No.21305 MAR 2013 FEBRUARY 25,2013 POINT 8C3URCE T''RA H Sunburst Trout Farm Wastewater Treatment Alternatives Analysis Page 2 of 9 Introduction Sunburst Trout Company,located in Haywood County,NC,was founded in 1948 and is in the business of raising,processing and distributing rainbow trout to customers throughout the Country. Historically,the facility has been served by an on-site sanitary sewer treatment system that has succumb to some issues that are beyond repair. The fish processing and production is done on Monday,Tuesday,Thursday and Friday of each week. The average daily wastewater flow(process and domestic)on those days is approximately 2,200 gallons per day based on recent water use monitoring performed by the Owner. This includes both domestic and process wastewater. On non-process days(Wednesday, Saturday and Sunday)the flows primarily consist of domestic and kitchen flows,and while not recently monitored,are anticipated to be 500—600 gallons per day or less based on the number of employees(15+1-)and some amount of kitchen usage. While it is acknowledged that on-site subsurface disposal(Alternative B)appears to be the most technologically and economically desirable alternative,it should also be noted that the specific costs associated with the acquisition of suitable land and also the lands ability to assimilate the wastewater are assumed at this time and additional information with regard to these two items is warranted in order to arrive at the same conclusion with absolute certainty. In the event that suitable land,within close proximity to the site could not be obtained,then a discharge to surface-waters appears to be the next reasonable alternative assuming all other assumptions hold true. Stye� 1 Zero Flow Stream Restrictions: Based on information as provided by the USGS (Mr.J. Curtis Weaver)it is not anticipated that the proposed point of discharge will be at a point on the West Fork of the Pigeon River that is subject to a zero flow. Receiving Stream Classifications: The West Fork of the Pigeon River is classified as WS-III; Tr. Basinwide Water QRdLty Plans: The subject site is located and contained within the area covered by the French Broad River Basinwide Water Quality Plan. Impaired Waters and TMDL's : The 2012 North Carolina Integrated Report lists the West Fork of the Pigeon River(from source to backwaters of Lake Logan)as supporting aquatic life with excellent bioclassification. The subject discharge point is located at the just downstream of the Lake Logan dam. Presence of Endangered Species: It is stated in the Basinwide Water Quality Plan noted above in the Pigeon River Subbasin Overview that the West Fork—Pigeon River and the Pigeon River are one of the few remaining areas to support the Appalachian Elktoe Mussel which is federally endangered. Sunburst Trout Farm Wastewater Treatment Alternatives Analysis Page 3 of 9 Step 2—Projected Flows The projected flows for the facility are non-domestic flow and are not influenced by population. The flows are tied to the overall capacity of the company's market share and live fish production capability of the trout farm. The fish processing and production is normally done at Sunburst Trout Company on Monday,Tuesday,Thursday and Friday of each week. The average daily wastewater flow(process and domestic)on those days is approximately 2,200 gallons per day based on recent water use monitoring performed by the Owner. This includes both domestic and process wastewater. On non-process days(Wednesday, Saturday and Sunday)the flows primarily consist of domestic and kitchen flows,and while not recently monitored,are anticipated to be 500 —600 gallons per day or less based on the number of employees(15+/-) and some amount of kitchen usage. For the purposes of this analysis,we have projected a future flow of 3,000 gallons per day or an increase of approximately 36%from the current base flow. We would anticipate that if flows ever exceeded the 3,000 gallon per day threshold that additional tankage could be added to provide flow equalization to buffer the discharge given that the facility only generates the process flows on four out of seven days a week. Step 3—Evaluate technologically feasible alternatives • Connection to an existing wastewater treatment plant—Alternative A The Sunburst Trout Farm in Haywood County,NC is located approximately 9 miles from the closest Municipal Wastewater Collection System(Town of Canton)which is tributary to an existing wastewater treatment facility owned by Evergreen Packaging(formerly Blue Ridge Paper Products and also formerly Champion Paper) Given the vast distance from the existing connection point,neither a gravity system or a pump station and force main system are given regard as feasible alternatives for this project. In addition to the capital costs associated with either of these alternatives,it is anticipated that a number of private easements would have to be secured in order to successfully construct either a gravity collection line or a force main route. For general context a preliminary opinion of cost is noted below for each: Gravity Sewer Collection Line 47,000 LF x$60/LF= $2,820,000 Rock Excavation(10%of 5' deep,3' wide trench)2,611 CY @$120/CY $ 313,320 Manholes—235 structures @$2,500/each $ 587,500 Right of Way Acquisition(1/2 length x 20' width) 11 acres @$10,000/ac $ 110,000 Construction Subtotal $3,830,820 Sunburst Trout Farm Wastewater Treatment Alternatives Analysis Page 4 of 9 Engineering/Legal (15%of Construction Subtotal) $ 574,623 Total Project Estimate $4,405,443 Pump Station and Force Main 4"Force Main—47,000 LF x$30/LF= $1,410,000 Rock Excavation(10%of 3.5' deep, 3' wide trench) 1,827 CY @$120/CY $ 219,240 Pump Station Wet Well/Pumps/Electrical $ 175,000 Right of Way Acquisition(1/3 length x 10' width) 3.6 acres @$10,000/ac $ 36,000 Construction Subtotal $1,840,240 Engineering/Legal (15%of Construction Subtotal) $ 276,036 Total Project Estimate $2,116,276 • Land Application Alternatives—Alternative B Onsite Subsurface System While sufficient land area is not available on the subject property for the installation of an on-site sewer subsurface, drip irrigation or spray irrigation system, the evaluation below assumes that suitable land could be identified and purchased nearby for the purposes of situating a subsurface system with a proposed drainfield and repair area. Based on reasonable estimates for soils within the area,a Long Term Application Rate of 0.35 gal per day/square foot is assumed. Using the proposed design flow of 3,000 gallons per day,this would require approximately 8,571 square feet of application area. Assuming a three foot wide trench that would equate to 2,857 LF of conventional trench in the drainfield. Using a nine foot center to center trench spacing,that would require a land area of approximately 0.6 acres for the primary drainfield. Once setbacks,landscape irregularity and other site specific features are included,it would be sound to plan around 1.25 acres to be identified for the primary drainfield. This area should be doubled to allow sufficient space for a repair area drainfield for a total of 2.5 acres of land area required. Land Area—2.5 acres @$25,000/Acre $ 62,500 Sunburst Trout Farm Wastewater Treatment Alternatives Analysis Page 5 of 9 Conventional sewer trench—2875 LF x$25/LF= $ 71,875 Septic Tanks/Treatment Units/Pumps $ 125,000 Electrical $ 15,000 Soils Investigation $ 18,000 Forcemain Line 1,500 LF @$20/LF $ 30,000 Engineering $ 25,000 Legal $ 10,000 Total Project Estimate $ 357,375 • Water Reuse—Alternative C Based on the rural nature of the area surrounding the subject site and the low density of development,the opportunity for water reuse is very limited. Irrigation of any kind is not common as the surrounding area is traditionally rich with rainfall. In addition,there are no athletic fields or golf courses nearby that would benefit from use of the reclaimed wastewater. Based on the absence of viable reuse opportunity,the water reuse alternative is viewed as not feasible. • Direct Discharge to Surface Waters—Alternative D Treatment Plant(Septic Tank/Advantex Pods/Denitrification/Polishing 6"Gravity Line-500 LF x$30/LF= $ 15,000 Grease Trap— 10,000 gallon $ 30,000 Septic Tank- 10,000 gallon $ 30,000 Recirculation Tank/Pumps/Controls $ 52,000 Denitrification Tank/Media— 10,000 gallon $ 40,000 i Sunburst Trout Farm Wastewater Treatment Alternatives Analysis Page 6 of 9 Packed Bed Treatment Pods(3 Total) $ 80,000 Polishing Tank/Pumps/Controls $ 48,000 Chemical Feed day tank/pumps $ 17,000 Electrical—Lump Sum $ 22,000 Discharge Line—500 LF x$30/LF= $ 15,000 Sitework/Grading/Erosion Control $ 25,000 Construction Subtotal $ 374,000 Engineering/Legal (15%of Construction Subtotal) $ 56,100 Total Project Estimate $ 430,100 Present Value of Costs Analysis Discount Rate=4.875%,Term=20 years Gravity Sewer Collection Line Co=Total Project Estimate $4,405,443 Ct=Operation and Maintenance Costs WWTP Sewer Acceptance Charges $3.50/ 1000 gallons x 2000 gal/day(avg)_$7.00/day or $2,555.00/year(annual cost) Repair and Maintenance—Assumed this would be owned by the municipality at no cost to developer,therefore this cost would be zero. PV=$4,405,443 + $2,555 (12.595) (as a factor of discount rate and years) Gravity Sewer PV=$4,437,623 Sunburst Trout Farm Wastewater Treatment Alternatives Analysis Page 7 of 9 Pump Station and Force Main Co=Total Project Estimate $2,116,276 Ct=Operation and Maintenance Costs WWTP Sewer Acceptance Charges $3.50/ 1000 gallons x 2000 gal/day(avg)_$7.00/day or $2,555.00/year(annual cost) Annual Electrical Charges $2,400/year Line Repair/Pump Maintenance $9,000/year PV=$2,116,276+$13,955 (12.595)(as a factor of discount rate and years) Pump Station and Force Main PV=$2,292,039 Land Application Alternative—On-Site Subsurface System Co=Total Project Estimate $357,375 Ct=Operation and Maintenance Costs Operation and Testing Services $ 700(monthly)=$ 8,400/annually Electrical Costs $ 900(monthly)=$10,800/annually Repair and Maintenance $ 300(monthly)=$ 3,600/annually PV=$ 357,375 + $22,800(12.595) (as a factor of discount rate and years) On-Site Subsurface System PV=$644,541 Sunburst Trout Farm Wastewater Treatment Alternatives Analysis Page 8 of 9 Discharge to Surface Waters Alternative Co=Total Project Estimate $430,100 Ct=Operation and Maintenance Costs Operation and Testing Services $ 1,600(monthly)_$19,200/annually Electrical Costs $ 1,300(monthly)_$15,600/annually Chemicals for Treatment $ 250 (monthly)_$ 3,000/annually Repair and Maintenance $ 400(monthly)_$ 4,800/annually PV=$430,100 + $42,600(12.595) (as a factor of discount rate and years) Discharge to Surface Waters PV=$966,647 Sunbbrst Trout Farm Wastewater Treatment Alternatives Analysis Page 9 of 9 Attachments • Haywood County GIS—Aerial Map of Subject Property • Local Government Review Form • NCDWQ—Stream Classification for West Fork Pigeon River • 2012 North Carolina Integrated Report for West Fork Pigeon River(Just upstream of the subject property) W ... t O U F' 0 a m U N O-1 9 y M C W �c 0.0 0 c m a to �+•_:30 oEm C'7 C.) ClU_ H3a� mam N•V N�I .-N N J c r M a 0 O m0mto'cm� O T O W U U O O O O O CD co 0 } PO T" � N J 1� CO M M O W � Nm�mtOpOm M a frj = W Q to N = Oo In 'I tt O r d ONO c�8 € m e M O = M N O ^2 O N 00 W O M O v O ' O O O T �aa$E€ to co d V- r 00o d J �=(J 0 C co U V). d39. � 6 � � L A, � y��,E�mo Q co lO d cr d E g o I=12.E 0 Q O N E O } Q U J O N c o�UO � it Z N N 7 o E 0S e o LL W 00 U w m Q Q p� C O N 7 (Q o>�mo•a°H � Z C E (7 W W N m lO l3 7 N m�ma$�� O O O U J > w Q c m rn > a aai •� m N FE�9s'oa J J a m Q N A C N N u E v a Q W m F- p -p W C a a Y ` N d N Eo �mm='�, d Z C1 Z N 's OD 2 ~ f0 l0 d C N CD X 1a�vootoHui� Q t� N N J O O a) m 0 0 m 7 0 N rn m lO lO o•N o.a EL (/� r o Z U 2 >- �- �- J m ^2 0 Q a o..�n«8 E M � N L N co C U 0 �` cv m w a w m m c 2 o. Attachment A. Local Government Review Form General Statute Overview: North Carolina General Statute 143-215.1 (c)(6)allows input from local governments in the issuance of NPDES Permits for non-municipal domestic wastewater treatment facilities. Specifically, the Environmental Management Commission (FMC) may not act on an application for a new non-municipal domestic wastewater discharge facility until it has received a written statement from each city and county government having jurisdiction over any part of the lands on which the proposed facility and its appurtenances are to be located. The written statement shall document whether the city or county has a zoning or subdivision ordinance in effect and(if such an ordinance is in effect)whether the proposed facility is consistent with the ordinance. The EMC shall not approve a permit application for any facility which a city or county has determined to be inconsistent with zoning or subdivision ordinances unless the approval of such application is determined to have statewide significance and is in the best interest of the State. Instructions to the Applicant: Prior to submitting an application for a NPDES Permit for a proposed facility, the applicant shall request that both the nearby city and county government complete this form. The applicant must: ■ Submit a copy of the permit application(with a written request for this form to be completed) to the clerk of the city and the county by certified mail,return receipt requested. ■ If either (or both) local govemment(s) fail(s)_to mail the completed form,as evidenced by the postmark on the certified mail card(s),within 15 days after receiving and signing for the certified mail, the applicant may submit the application to the NPDES Unit. • As evidence to the Commission that the local government(s) failed to respond within 15 days,the applicant shall submit a copy of the certified mail card along with a notarized letter stating that the local government(s)failed to respond within the 15-day period. Instructions to the Local Government: 'ihe nearby city and/or county government which may have or has jurisdiction over any part of the land on which the proposed facility or its appurtenances are to be located is required to complete and return this form to the applicant within 15 days of receipt. The form must be signed and notarized. Name of local government Haywood Cousin.Government (City/County) Does the city/county have jurisdiction over any part of the land on which the proposed facility and its appurtenances are to be located? Yes[x ] No[ ] If no,please sign this form,have it notarized,and return it to the applicant. Does the city/count}have in effect a zoning or subdivision ordinance? Yes [x ] No[ ] If there is a zoning or subdivision ordinance in effect,is the plan for the proposed facility consistent with the ordinance? Yes[x ] No[ ] Date Februany 19,2013 Signature s _ (City\tanager/County Manage t ' ,6iasa� k CPP_a'an� ,County of ('s State of__ 4d'`] a< On this 1 q�-K'• day of r;ArL)2 '-tA a013.personally appeared before me,the said„-, name (YI to me known and known to me to be the per`sodescriliedin and who executed the4foregoing docu ent and he(or she)acknowledged that he(or she)executed the same and 1seitlg dVly sworn by me,made oath that the statements in the foregoing document are true. ,, 'My Commission expires °1 r�` ®` .(Signature of Notary Public) X-"iJ Notary ublic(Official Scat) EAA Guidance Document Version: June 23, 2005 Page 1 of 8 _w_ . a, Webb Creek 6-57-13-3 C;Tr 04/01/96 ........_.__-..............__........._._................_..........._.... .... ----..--.--.._._...__.._..._..._..___._.-__-.---._..._.._____...._.-.._._._..----__...._.._..._._-._--................. _..._...____.__.... _...._......_......_.._.._._.._____.._..._.._._._..._.._.....__.....: 'From source to Gap Creek 1 C......................._._._.._.._.._._.........._........ Wesley Creek 5-32-6 C 09/01/74 __........_..._..._.............._..__.......__..._ ....._....._..____..__.-....._._---....._.__.._------- -__....-._.__...-----._.._.._....._--- _..._._._._......._....__......______...___..__....__..-.-.---....._._. ._._..-........_...__....__._....._._........_.._._.._.....__._.._..._.._. (From source to Fines Creek _......... .....__..........._.__._._..._.._._._.._._.__..... _ ..._—.............. _._..._..- .._......_..._...-- - --- ----............_. _..__...._.._._.._.._.._........_.........__..................---........_.... Wesley Creek(Bent Creek Ranch Lake) 6-67-10 B 08/01/02 ......................_......._.....:............._.._......................__......._.............__.................-........_.....__.._..._...._....._...................._........__.._......................_........._...._........._......._..._..................._................................----........_............ .._.... _._..._.__................._..............._....._........._..._..._............_.................. ;From source to Bent Creek l f —.._...._._.._... - ._._...._._..._-----......-- ---..._..........--- _.._._.__.._..._.._..__.._..__._..._..._......_......----.....----...--.._.......—_._....__..._..._._..J I.._._.._..._........._..---._......_._.._....,.__..-_.._......_...-._...._.......i West Branch 6-106-6 C 07/01/73 ....._._.__.-.........._.._._..._................._..._...._._..........._._..............._._..__..._....._._.._.........._..._.__.._._._.__..._....... ........._.._........_.._.... _.._._-.._..._._...__..__......._..............._............_.__ _..__...._._..................._..-_...__.._....._.....: :From source to Walnut Creek ---..__....._..__.._.._.._.-.._.__....._.._....__..__._..._ _.__....._............._...............--...-..__........._..----------_............._........-............. 1 (...._._.__.._.............._._._........_...._ _........ West Cove Branch 5-8-2 C 09/01/74 _....._............_..__._..._......_.._..._.. ._.._...._......_...._.._..._.......:.---...-..__......_.............._....... ...... ..... ............... ....... ...... _...................._............_......_......_.._.....__............._........_.___................_.......__.. _.................__._........_....._. ;From source to Beaverdam Creek West Fork Bull Creek 6-96-16-2 C 07/01/73 .................._.................._........_..........----._.........._...._.....__................_..._.......__.-.-..............-...-----........................----...._.........................._....__...._.._......_..._................_...--.................................. ......._. .. ----:-......_.._._.._.... ._..._._............_.................., :From source to Bull Creek. ..... i _............ ............................._.-...__.............._................._.._...._.............---....._..._...._....-----._._...__.._.................._._._._.._. ._ ...__ ..._... _.._.._...........-........ ...._...._............._................... .......... ...................... ........ West Fork Campbell Creek 5-26-8-2 WS-III;Tr 08/03/92 ............._.......-.....__............_.._._........_..._............__............_..------------........__....._._....__........._..__._.........._._._.... .............__._......._.... .......... ..._..._......_.....-.__.......:.........._...._..........................., ;From source to Campbell Creek .........................................._......................................_......................_...._......................................_....._.... -..__.................._._.................._...._................__. ........................._._......... I........................................_.......................................................................... West Fork French Broad River 6-2-(7.5) B;Tr,HQW 08/01/02 ._.._.__......._.__._.......__._._.__.._....__...._...._.__..--.---- ..__-..._._........___..__-._.. ...---.----._..-..............-_.._.__..._.__........_..___..._-.--..---..---.._.._........... :From Transylvania County SR 1312 to French Broad River l West Fork French Broad River 6-2-(0.5) B;Tr 08/01/02 ---------- ._._...- -._...._.__.._..--....._..---...........-...................._._...:.-----._......---..._._......_......_._._._..._._..--- ........... _._.__..__._..................._...._..__..-_----------._........__... ,From source to Transylvania County SR 1312 West Fork Little Creek 6-118-19-4-1 C;ORW 09/01/09 :............................._.........._......_.....-._._......_....-......._............................._._. _._. :From source to Little Creek West Fork Pigeon River(Lake Logan) 5-2 WS-III;Tr 08/03/92 .........................................._...-............__........_...._.........................._.._......._.._....._.................................._........................:........................_.............................................._......................................-.._..........-.........................._.._.........._._..... ........_ :From source to Pigeon River ....._._._......................................_....._. --._........._._.__....._...__......_.......--............_.........----..................-......_..._...._._....... ..._......_.........._.._.......----...........................----.............__..._.._] L_......_..._._...__......:_._.............._..._..........._..........__.... _.__ West Fork Shut-in Creek 6-125-1 C 04/01/58 :From source to Shut-in Creek West Prong Glade Creek 6-36-3 C 07/01/73 ...................__.-..__._......._ _..........................._.._........_._........................................._..........._._._................_........................_.._._.............._........_.....-._.........................._........._.............................. __.............. .......... ........ ..._......... ...... ................_.... .......... .: :From source to Glade Creek West Prong Glady Fork 6-6-7-2 C;Tr 07/01/73 :.............................................._.........._._......._...._.._._...._._.._.._.._.._.............-..........._....... ..........._:_......_..............-....._...._._.._........_....._.-.....------.._........__..__... - .......----.._.__...-..--...._.... _..__.._......._.._... _, :From source to Glady Fork ........................................_..__...__..._.._..._...._...._...__..._..._.__..._.._...._._..-- -._.._._._...- -..-- -._._._._...-- .l [__._..--._....._.._ ._ ._._.........._._....._. _._..._._; West Prong Hickory Fork 6-112-26-7-1 C;Tr,ORW 09/01/09 ............................................................................................_........._.............._........__...........__......................................_.............._..._........._..._.._............_...._........__._.......__........_._.._.........._......_.........................._..--_........._....................._........ !From source to Hickory Fork ........................................... .._...._..........._.........1 [.........................._._..........................,...._..._....................._........ _ West Ridge Branch 6-54-3-7 WS-II;Tr,ORW 08/03/92 ;From source to South Fork Mills River Thursday,February 09,2012 Based on Classifications as of 20120208 Page 105 of 110 i a m 0 N .............. � N .............._. 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CL N V1 N V1 I Vc1 N E oN O m O v b0 +, _�..._... _ �o -0 LM LM Ln Ln Ln 3 A A A A A ~ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley,Governor William G. Ross,Jr.,Secretary Alan W. Klimek, P.E., Director January 11,2007 Richard G. Jennings Sunburst Trout Company L L C 128 Raceway PI Canton,NC 28716 Subject: Renewal Notice/General Permit NCG530000 'Certificate of Coverage NCG530065 'Haywood County Dear Permittee: You are receiving this notice because you currently operate a fish farm or fish packing/rinsing facility covered under the subject General Permit. NCG530000 will expire on July 31,2007. Federal(40 CFR 122.41) and North Carolina(15A NCAC 2H.0105(e))regulations require that permit renewal applications be filed at least 180 days prior to expiration of the current permit. To satisfy this requirement,the Division must receive a renewal request postmarked no later than February 1,2007. The Certificate of Coverage(CoC)specific to your property was last issued on August 1,2002. The Division needs information from you to determine if coverage under NCG550000 is still necessary. ➢ If your property still has a wastewater system like the ones described in the enclosed Technical Bulletin,you must renew the subject CoC. ➢ If you are not sure what type of system your property has,contact Larry Frost in the NC DENR Asheville Regional Office at(828)296-4500. That person [or other staff members] can help you determine if you should renew your CoC. ➢ If you know that your facility no longer discharges to a waterbody,contact me at the address or phone number listed below to request rescission of the CoC. The attached application form shows the information the Division has on file for your property. Please verify that the provided information is correct, or make corrections on the form. Complete the additional questions,then sign and date the form. The completed form should be submitted to the address listed below the signature block. If you have any questions concerning this matter,please contact me at the telephone number or e-mail address listed below. (If it is difficult to reach me,please be aware that your facility is one of over 1400 that I am contacting regarding the renewal of several General Permits.) Thanks for,your<;attent"ion.ao,.this.matter. .v. Sincerely, rip.i. JAN 1 7 2007 Charles H. Weaver,Jr. __ NPDES Unit u W^al n r U tL ITT i4 i cc: Central Files F n Asheville Regional Office/Larry Frost NPDES file . 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One 512 North Salisbury Street,Raleigh,North Carolina 27604 NO1't}1C�Y'OIlI1a Phone: 919 733-5083,extension 511/FAX 919 733-071 9/charles.weaver@ncmail.net Nationa, �� An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper State of North Carolina Department of Environment, Health and Natural Resources , Division of Water Quality James B. Hunt, Jr., Governor Jonathan Howes,Secretary A. Preston Howard, a d, Jr., P.E., Director J , 1997 � �s Richard G.Jennings Sunburst Trout Company,L.L.C. W TER UA 128 Raceway Place ILL Canton,NC 28716 Subject: Certificate of Coverage No. NCG530065 Renewal of General Permit Sunburst Trout Company,L.L.C. Haywood County Dear Permittee: In accordance with your application for renewal of the subject Certificate of Coverage,the Division is forwarding the enclosed General Permit. This renewal is valid from the effective date on the permit until July 31,2002. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.Environmental Protection Agency dated December 6,1983. If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. The Certificate of Coverage for your facility is not transferable except after notice to the Division. Use the enclosed Permit Name/Ownership Change form to notify the Division if you sell or otherwise transfer ownership of the subject facility. The Division may require modification or revocation and reissuance of the Certificate of Coverage. If your facility ceases discharge of wastewater before the expiration date of this permit, contact the Regional Office listed below at (704) 251-6208. Once discharge from your facility has ceased, this permit may be rescinded. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit,please contact the NPDES Group at the address below. Sincerely, fvll� 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. NCG530065 TO DISCHARGE WASTEWATER FROM FISH FARMS, SEAFOOD PACKING & RINSING AND SIMILAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Sunburst Trout Company, L.L.C. is hereby authorized to operate a facility which discharges wastewater from a fish farm or from seafood packing &rinsing operations and similar wastewaters from a facility located at 128 Raceway Place Canton _ Haywood County to receiving waters designated as subbasin 40305 in the French Broad River Basin in accordance with the effluent limitations,monitoring requirements, and other conditions set forth in Parts I,II, 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. /A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr., Secretary Coleen H.Sullins, Director July 30,2007 Steve Eason Sunburst Trout Company L L C 128 Raceway Place Canton,NC 28716 Subject: Renewal of coverage/General Permit NCG530000 Sunburst Trout Company Certificate of Coverage NCG530065 Haywood County Dear Permittee: In accordance with your renewal application [received on January 22,2007],the Division is renewing Certificate of Coverage(CoC)NCG530065 to discharge under NCG530000. This CoC is issued pursuant to the requirements of North Carolina General Statue 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May9, 1994 [or as subsequently amended]. If any parts,measurement frequencies or sampling requirements contained in this General Permit are unacceptable to you,you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made,the certificate of coverage shall be final and binding. Please take notice that this Certificate of Coverage is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the certificate of coverage. Contact the Asheville Regional Office prior to any sale or transfer of the permitted facility. Regional Office staff will assist you in documenting the transfer of this CoC. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources,Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning the requirements of the General Permit,please contact Joe Corporon [919 733-5083, extension 597 or joe.corporon@ncmail.net]. Sincerely, x � for Coleen H. Sullins I; F5 I I cc: Central Files Ell Asheville Regional Office/Surface Water Protection J U L 3 1 2007 I � a NPDES file t WATT�1 c UALITY SECTION I AS''HEVILLE REGIONAL OFFICE 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 � e 512 North Salisbury Street,Raleigh,North Carolina 27604 NOI thCaT011lla Phone: 919 733-5083/FAX 919 733-071 9/Internet:www.ncwaterquality.org Nah(rallyAn 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 CERTIFICATE OF COVERAGE NCG530065 DISCHARGE SEAFOOD PACKING & RINSING, FISH FARM AND SIMILAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1,other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Steve Eason Sunburst Trout Company L L C is hereby authorized to discharge trout farm wastewater from a facility located at Sunburst Trout Company 128 Raceway PI Haywood County to receiving waters designated as the West Fork Pigeon River (Lake Logan) in subbasin 04- 03-05 of the French Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I; II, III and IV hereof. This certificate of coverage shall become effective August 1, 2007. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day July 30, 2007. for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission State of North Carolina Department of Environment • • and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary NCDENR Alan W. Klimek, P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 26,2002 RICHARD G JENNINGS SUNBURST TROUT COMPANY L L C 128 RACEWAY PL CANTON, NC 28716 Subject: Reissue-NPDES Wastewater Discharge Permit Sunburst Trout Company L L C COC Number NCG530065 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 to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S.Environmental Protection Agency, dated May 9, 1994(or as subsquently amended). The following information is included with your permit package: * A copy of the Certificate of Coverage for your treatment facility * A copy of General Wastewater Discharge Permit NCG530000 * A copy of a Technical Bulletin for General Wastewater Discharge Permit NCG530000 Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal,state,or local law rule,standard,ordinance,order,judgment,or decree. If you have any questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater and General Permits Unit at(919)733-5083,ext.578 Sincerely, for Alan W.Klimek,P.E. cc: Central Files Stormwater&General Permits Unit Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper Pace Analytical Services, Inc. 2225 Riverside Drive ace Analytical0 Asheville, NC 28804 / Phone:828.254.7176 www.pacelabs,com Fax:828.252.4618 i I February 20, 2003 Mr. Steve Eason Sunburst Trout Co. 128 Raceway Pl. Canton, NC 28716 RE: Lab Project Number: 9336816 Client Project ID: SETTLEABLE SOLID ANALYSIS Dear Mr. Eason: Enclosed are the analytical results for sample(s) received by the laboratory February 18, 2003through February 19, 2003 Results reported herein conform to the most current NELAC standards, where applicable, unless otherwise narrated in the body of the report. If you have any questions concerning this report, please feel free to contact me. Sincerely, r Patricia Bishop ! : patricia.bishop@pacelabs.com ` Project Manager ; FEB jY 1 x.D ?003 IN'T- Li Al r-R pI iALITY SECTNON Enclosures `E`a V`,_E REGIONAL OFF€CE Laboratory Certification IDs REPORT OF LABORATORY ANALYSIS Laboratory Certification IDs NC Wastewater 40 TN Drinking Water 02980 NC DrinkingWater 37712 This report shall not be reproduced,except in full, SC Environmental 99030 FL NELAP E87648 without the written consent of Pace Analytical Services, Inc. � \N ACCORo9 C Pace Analytical Services, Inc. ace Analytical 2225 Riverside Drive Asheville, NC 28804 Phone:828.254.7176 www.pacelabs,com Fax.828.252.4618 Lab Project Number: 9336816 %I Client Project ID: SETTLEABLE SOLID ANALYSIS Lab Sample No: 931482665 Project Sample Number: 9336816-001 Date Collected: 02/18/03 10:00 Client Sample ID: BALSAM GROVE Matrix: Water Date Received: 02/18/03 12:52 Parameters Results Units Report Limit Analyzed By CAS No. Qual RegLmt Wet Chemistry Total Settleable Solids Method: EPA 160.5 Total Settleable Solids! NO ml/l/hr 0.10 02/19/03 WCB Date: 02/20/03 Page: 1 of 4 Laboratory Certification IN REPORT OF LABORATORY ANALYSIS Laboratory Certification IN NC Wastewater 40 TN Drinking Water 02980 NC Drinking Water 37712 This report shall not be reproduced,except in full, SC Environmental 99030 FL NELAP E87648 without the written consent of Pace Analytical Services, Inc. \N ACCp �p g09y °ne Pace Analytical Services, Inc. p 2225 Riverside Drive ace Analyt ical Asheville, NC 28804 Phone:828.254.7176 www.pacelabs.cem, Fax.'828.252.4618 Lab Project Number: 9336816 Client Project ID: SETTLEABLE SOLID ANALYSIS Lab Sample No: 931484547 Project Sample Number: 9336816-002 Date Collected: 02/19/03 00:00 Client Sample ID: LAKE LOGAN Matrix: Water Date Received: 02/19/03 16:20 Parameters Results Units Report Limit Analyzed By CAS No. Qual RegLmt Wet Chemistry Total Settleable Solids Method: EPA 160.5 Total Settleable Solids) NO ml/l/hr 0.10 02/20/03 WCB Date: 02/20/03 Page: 2 of 4 Laboratory Certification IN REPORT OF 1 eD® AT®pY ANAIULM Laboratory Certification IN NC Wastewater 40 LAB R R O TN Drinking Water 02980 NC Drinking Water 37712 This report shall not be reproduced,except in full, SC Environmental 99030 FL NELAP E87648 without the written consent of Pace Analytical Services, Inc. SQ `7 pqc 'nee,_ ®' Pace Analytical Services, Inc. 2225 Riverside Drive ace Analytical Asheville, NC 28804 Phone:828,254.7176 www.pacelahs.com Fax 828.252.4618 Lab Project Number: 9336816 Client Project ID: SETTLEABLE SOLID ANALYSIS Lab Sample No: 931484554 Project Sample Number: 9336816-003 Date Collected: 02/19/03 00:00 Client Sample ID: RIVERSIDE BAPTIST CHURCH Matrix: Water Date Received: 02/19/03 16:20 Parameters Results Units Report Limit Analyzed By CAS No. Qual RegLmt Wet Chemistry Total Settleable Solids Method: EPA 160.5 ............. Total Settleable Solids NO ml/l/hr 0.10 02/20/03 WCB Date: 02/20/03 Page: 3 of 4 Laboratory Certification IDs REPORT OF LABORATORY ANALYSIS Laboratory Certification IDs NC Wastewater 40 TN Drinking Water 02980 NC Drinking Water 37712 This report shall not be reproduced,except in full, SC Environmental 99030 FL NELAP E87648 without the written consent of Pace Analytical Services, Inc. N AC�pR Oi �F ® Pace Analytical Services, Inc. 2225 Riverside Drive ace Analytical Asheville,NC 28804 www.pacelabs.com Phone:828,254.7176 Lab Project Number: 9336816 Fax:828.252.4618 Client Project ID: SETTLEABLE SOLID ANALYSIS PARAMETER FOOTNOTES NO Not detected at or above adjusted reporting limit NC Not Calculable J Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit MDL Adjusted Method Detection Limit Date: 02/20/03 Page: 4 of 4 Laboratory Certification IN REPORT OF LABORATORY ANALYSIS Laboratory Certification IDs NC Wastewater 40 TN Drinking Water 02980 NC Drinking Water 37712 This report shall not be reproduced,except in full, SC Environmental 99030 FL NELAP E87648 without the written consent of Pace Analytical Services, Inc. O ,N AC�pgO9 nayt. CMD m n ITEM# o a o N ID n 3 CD -� N a < �• m N ` � o. ' n a 0 n cD V' o n 0CD 0 =, Z o 3 CD CAD O e (n w E rn Z b CDo Z Z Z • i�»r a O l:] CD N D m o^y mCL x Q 17, e �co .�. z .; (�'` m'i m OO z J. x N D m • m 0 07 o o om 01 _. Z Z o o� c w CL o. 3n �^ 2.)m-5rOqn O x x � a • �r0��.�0��00 wP =m v m m • ® a ,fit MATRIX CODE W CD >. n DATE +..3 o ? y ; _ COLLECTED o coo a o O Z m c'a 'D � O TIME a o N m^ m O COLLECTED y =w 0 m St1 w • 3 � 0 c p #Containers u `D r- nA o m n D Unpreserved o 0 _h y� p C w H2SO4 n HNO3 y y o O n cn co HCI � o n 0 A • NaOH g n m. m Na2S203 Methanol m w n 7 n Other �o -o -V � p o Cc_ a o 0 0 .. N G ' CD 0 y 70 CD a w o rF n a m 0 m iv 3 iNY .� D a o { a w 00 Q m 0 o cn _01- C a _ � � n n �.. < C,0 y n o w a P 00 VJ w L` to 0 EN CA co . Q1 C7 s_ c CD a) -0 c QW cc 0 �- L3 co � 63 c: 0 i - as a > ( fl} ci oo CO ® cn * tC ' . � a} as co �s 0 Cl ' co CD °' E to . T; A To raQD ca �- 0 0 ' c cry q) crs va, cz .� 0 CD �- q) c" cry `' ca to Cls C3 can Go To to CA CZ of CA CD® _ CA -70 CA CIA 1�CIA CA C to `— m. CA 05 c - , 0 c� . +-- % co 0' to a) ' ` U?a CA _� CC a Fn % - cl : 0 .Q to UK Cat rz D O m f` m n .. ITEM# a o uCD CD N A� CL N m U) a n a CD (o o n P o n O m Cb N Z Z Z Z N3 v l` 3 � : O -'� nd D �Nw c N „ n 3 °• 'p M a SO Om m m 3' z m I CD o Z"o _ o D a r p x p 3 • c o m ° �� �. K c W 0 p IL m 43 p-AD Ocn g< vllll� X�31.E D a w 0 .-¢ °' a 2( m —I n ire i� 7 z a 4 me mm� B Qom �Xw ° 0 X • 0 • r. . - o-In.�otn:E 0 cn 70�r r.�p • rez m A O MATRIX CODE W m DATE = cv� m ' n COLLECTED ? o o ° Z c O 3 TIME COLLECTED y =w N CD • 0 w c q cn #Containers v tD 0 n1 z z Unpreserved a o � i , (n H2SO4 w r a w O O n o El HNO3 H m a m n v HCI o 0 v • NaOH y 3 n m m Na2S203 Methanol va 7 Other a 0 - a m 0 - �. a N "CD A � � m w y CD l. pd. 0 CD CO ra • � � n m � . 0 D � wD s a v m u a) a) ai aS co ` S a) ' as as a) ca . (D 0 a) 0 14- w c5 w Ca _ crs , �- 0 CD a) W 0 0 ._ ,T = J 0.3 43 ? r : c a) D cz c CO 0_ __ W _ ` 0 ' ° E ' (n " f > a� > Cl3 3 * - C (1) a-� 0 0 CZ Ct) Z C3 co a3 — qg 4— CL co 0 Co o E corJ3 c o L1 ji, , y w .,_ 3 ! 0 cz aC: co C { 0 a� .® o r co ' ` I- a) ai as ; cz ` IL<� a a) C c C� c c ca c C - C.) U) c cn .- Cs i (0 State of North Carolina Department of Environment and Natural Resources �r Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary NCDENR Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 11/26/2001 RICHARD G JENNINGS SUNBURST TROUT COMPANY L L C 128 RACEWAY PL CANTON, NC 28716 Subject: NPDES Wastewater Permit Coverage Renewal Sunburst Trout Company L L C COC Number NCG530065 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 please contact the Asheville Regional Office at 828-251-6208 or Aisha Lau of the Central Office Stormwater Unit at(919)733-5083,ext.578 Sincerely, PDA)�_Le& 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 i ; yd Kt STATE a ti State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIR014MENTAL MANAGEMENT WATER QUALITY SECTION October 29, 1990 Mr. Richard G. Jennings Jennings Sunburst Trout Company Route 3, Box 513 Canton, North Carolina 28716 Subject: Return of Incomplete Permit Application Non-Discharge Wastewater Treatment Facility Jennings Sunburst Trout Company Haywood County, North Carolina Dear Mr. Jennings: In accordance with Division policy we must hereby return as incomplete the attached application materials received by hand delivery on October 12, 1990. It lacks the following items: _x_ Signed application non-discharge permit application form. _x_ Permit fee for Non-Discharge Permits. Received check for $120. 00. Please submit check for $240. 00 in accordance with rate change effective 10/1/90. After you have obtained the checked item(s) , please resubmit your application to me for review. Should you have any questions, do not hesitate to contact me at 704/251-6208. You tru y, L. Haner Environmental Chemist xc : Forrest R. Westall Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 •Telephone 704-251-6208 An Equal Opportunity Affirmative Action Employer Jennings Sunburst r7-rMt Company : Y.��,�` RT. #3, BOX 513 CANTON, NORTH CAROLINA 28716 (704) 648-3010 • (704) 648-3012 FAX (704) 648-9279 October 12 , 1990 Mr. Max Haner N. C. Dept. of Environment, Health, and Natural Resources 59 Woodfin Place Asheville, NC 28801 Dear Sir : Please find enclosed a sketch of our processing plant , septic tank, field drain, and lagoon. The scale is 1 square = 10 ft. Also enclosed is our check for $120.00, along with our non-discharge permit application. Sincerel , i Gti• 0Richard Gu G. RGJ/sce Enclosures (3) —North Carolina Department of Environment, Health, and Natural Resources DEM USE ONLY Environmental Management Commission Permit Number: NON-DISCHARGE PERMIT APPLICATION* *in accordance with NC General Statutes Chapter 143. Article 21 County: Haywood Applicant (name of board, individual, or others): Application Date: Jennings Trout Farm October 10, 1990 Project (name of city, village, town, sanitary district, establishment): Rt. 3, Box 513, Canton, NC 28716 FOR: - Brief Project Description: [3 Non-Discharge Treatment/Disposal Facilities Number of employees processing: 10 ❑ Pretreatment Facilities Septic Tank, Nitrification field, ❑ Sewer Collection System (private) Lagoon system. ❑ Extension of Sewer Systems (public) ❑ Sludge Disposal 1-2 stage septic tank measuring 4'x4' x ❑ Spray Irrigation 10' each, 50 ft. nitrification line @ 3 ft. NATURE OF WASTEWATER: R'l Domestic Sewage 1 lagoon measuring 30' x 40' ❑ Sludge/Industrial Waste ® Other waste Process Washdown EexisV ng sinceDa e986 From (sewers, pretreatment plant): Serving (city, institution, industry): Fish process washdown plus domestic : waste jennings Trout Farm Into (name of treatment plant): Average Daily Gallons Sewage or Waste Flow: Non-discharging septic tank, lagoon ystem 400gpd + 250 domestic waste At (location of plant): (NPDES No.) tota 0 gp< Jennings Trout Farm NCoo Name and Complete NSA Address of Engineering Firm: Zip Code: Telephone No. Applicant assures that proposed works will be constructed, supervised, operated and maintained in accordance with approved plans and specifications or approved changes thereto. Richard G. Jennin Mailing Print Name: Rt. 3, Box 513, Canton, NC 28716 g�iddress: Title: Proprietor Zip Code: Signature: Telephone No. /_2 / 648-3010 INSTRUCTIONS: I.Fill-in All Spaces.If not applicable,enter N/A. 2.Secure appropriate signature(mayor/city manager for municipality,chairman for sanitary district board,owner/proper official of corporation,or legally constituted board or commission in charge of proposed works).A letter of authorization is required from proper official if design engineer or other agent signs application. 3.Submit to Division of Environmental Management,Permits and Engineering Unit.P.O.Box 27687,Raleigh,NC 27611 the original and ALL carbon copies of the application,3 sets of finalized plans,specifications and other supporting data as required by Com- mission Rules,and permit fee.Plans and specifications must be signed and sealed by a registered North Carolina engineer. FOR ASSISTANCE,CALL THE STATE CENTRAL OFFICE(919)733-5083, PERMITS & ENGINEERING UNIT, OR: Asheville(704)251-6208 Fayetteville(919)486-1541 Mooresville(704)663-1699 Winston-Salem(919) 761-2351 59 Woodfin Place Suite 714 Wachovia Bldg. 919 North Main Street 8025 North Point Boulevard Asheville,NC 28801 Fayetteville, NC 28301 Mooresville, NC 28115 Suite 100 Raleigh(919)733-2314 Washington(919)946-6481 Wilmington(919)256-4161 Winston-Salem, NC 27106 3800 Barrrett Drive 1424 Carolina Avenue 7225 Wrightsville,Avenue P.O.Box 27687 P.O.Box 1507 Wilmington,NC 28403 Raleigh, NC 27611 Washington,NC 27889 I � i � I I I ; I I i � C I l i I I 1 I s V ).oAd.I_tiq - - : j �y �e L I : I Is k ,_ Zn,� r Mole Iv JENNINGS - SUNBURST TROUT COMPANY 31712 PH.704-648-3010 FAX 704-648-9279 RT.3 BOX 513 CANTON,NC 28716 66-30/531 8 19`7(J 7t PAY TO THE �_ 040:... 6 ORDER 1OF J _ l DOLLARS f'i�,{/1 ' JENNINGS TROUT FARM FIRSTCITIZENS BANK First Citizens Bank&Trust Company Waynesville, N.C. 28786 FOR 1 ^ _ z4e Zoiun of ( ant,on, (�N_ • 1D93 Office of.The Town Manager WILLIAM G. STAMEY TOWN MANAGER October 1, 1990 RECEIVED Water Quality Section 0 CT 3 - 1990 Dr. George T. Everett Director Asheville Regional Office Division of Environmental Managementshevifle,North Carolina P.O. Box 27687 Raleigh, NC 27611-7687 Dear Dr. Everett: The Town of Canton objects to issuance of proposed wastewater discharge permit No. NCO078662, to the 'Jennings-Sunburst Trout Farm, Canton, North Carolina,. without the benefit of a public meeting/hearing on the impacts this discharge will have on the Town' s drinking water supply (copy of announcement attached) . Town officials, water consumers, and residents of the watershed are concerned on issuance of the NPDES permit on the following basis: 1. The Town is now in the process of reclassification of the Pigeon River watershed to a WS-I under existing state standards or a WS-II under proposed standards by the Environmental Management Commission (EMC) in pursuant of House Bill 156 . 2 . DEM/EMC was notified by resolution on March 2, 1989 , that the Town was requesting reclassification of the watershed water supply from a WS-III to a WS-I . Since that time several pieces of correspondence on the Town' s commitment and desire to meet its reclassification goal have passed between the Town and DEM/EMC . The Town is prepared with property owners participation, and new standards ruled on by EMC by January 1 , 1991, to go to public hearing as soon as possible to adopt a protection ordinance for the Critical Area of the water supply. 3 . The public needs to know: Why the Trout Farm' s present ground discharge system is not sufficient to handle the requested discharge volume, and what impact will the proposed treated wastewater discharge have on the quality of the drinking water supply and its recreational uses? ' l e Dr. George T. Everett e 2 4. Other alternatives such as a qualified ground discharge system should be pursued. The Canton Town Hall is a suitable place for the public meeting/hearing. I Sincerel'i yours, TOWN OF CANTON m. G.I amey Town Manager WGS/rg Attachment cc: Mary Henigbaum, County Planner Garrett Smathers, Town Consultant Jim Henson, Planning Board Chairman Loy Davis, DEM, Asheville Office Dan McCracken, Haywood County Health Department L 1 f 92=5W---and other'lawful' u standards:a nd'regulations;x —the-North-Caro(i n&Environ-. . r x_menta4Ma6agementtLCort missiori-pniposes€t isseie a ;= �a ha - '-pertnr�foMisetiargeitoattie personsf t iste&berow=effe��?t' tiverlI>'l/9o-aii�`s'u6te'eEta=:� speaaLcgridit - O 1. e 1y proposedaetecminatwns q areranvited_to.submit;sarrrer,, •ia�.wntmg: to�the�aboye�_: address0or later#ha �l0� _ 17/9t�A W.4ortiments 1— iecerved pno�to"that<aater- _ PU• BUMNOTICE_ STATE'OF wilk~be�-considered'in__the.-'- :! NORTH CAROLINA= form6latiorr=ofY,fina[_deteia' ENVIRONMENTAL -minationsscregardingLithe4 MANAGEMENT', proposed'permit:_Awpublic.:-: COMMISSION meeting;may be held.wirere- " POST OFFlCEBOX Z7687 the-Director-;of the:.Division RALEIGH NORTH of Environmentak-Wanage=s CAR0UNk' 7613.4687 merit{finds-aSsignificant. NOTIFlCAT10N=0F INTENT '.-degree of.`pubricth 6kfri ' :..� a proposed pe.rMitlt �TO'-ISSUEA STATE NPDES Pt RMtT;_. . y _ A copyotthe draft pear the. si"""" thq;Tug is_avariahfebbywri6noi staffrevieiv an applicatia callrag�:th; DIvist8re af�w -�of Article �l ofi_:Chapte,. Environmen, L17 anage � T4 'Geice`ral a Statife�4of - mentPa8oz27687tN . . ateig --North Carohna* `2761768s}x(9f3t73 The appltcatiomand:other.4 r `-i Rfocmatiorr�:-::mays"-;i<be t' inspected at these loca6uns-.. during<riormar_'officect�oias=`� .: .Copies*;of-ttieinfiirrriation2{i'a orr>ifT.�ar4 ava Wea -upo - request acid payment otthe; costs of.,'rQ `e roductiort All ' ., such;corpments,or:request+v regarding "a=proposed_per__ mit should:make reference_ /// GU rytt�!-fivl e to.,the,NPD€S permit num i bet hsted.below :r George 4T ,Everett t Dke r D ikion..of:-.Environ-- i mental Management=,kr,. „` ubiic,notice of,intentto (ssueaState,NPDESpermit ta.fhe fo8owingc;.„s���.. _ NCOQ78662,t-Mr_i icµhard.;;_ G ;Jenningsk�t<1 Box_.: � 5I3 rCantorY�NC�287T6� has�appliedfoa news t.foca.fac�jlity located, �aa: �'atJemmngsSuntnirsb�r t ,> , EaRtt,adjacentv:NCErlgh' i - .wa�2T5L&`."NCSR�ITFT, -,,norttfof take Logan1siteA)'`* -and'_Riveisides•community`: site:B).: IaywoodCain a, `rTfie Ufa i ��- _., c.)ity�d'�scharges_r w`astewaterRfromrtro`ut tarmZ reann twos` outfal1s00I�(A}�&'002�58):u R;intq Wesi Fork igeon^; River a�class WS tlt=Trout stream in=the, r '&oW - �R fiver Bay sIo' , ,x State of North Carolina Department of Environment,Health and Natural Resources Division of Environmental Management 512 North Salisbury Street• Raleigh,North Carolina 27611 James G.Martin,Governor R. Paul Wilms William W. Cobey,Jr., Secretary Director January 22 1 UD Dear Applicant: Please find attached a DRAFT Permit and a public notice that have been prepared for your facility by the Division of Environmental Management (DEM). I encourage you to review these documents very carefully to ensure thorough understanding of the information, conditions, and requirements contained therein. In completing your review, please be aware of the two procedure changes described below that become effective on February 1, 1990. The subject permit expiration date may reflect a period of less than five years. The DEM has implemented a new NPDES permitting schedule that is directed toward organizing permit issuance and review by major river basins within the State. The revised schedule will allow the DEM to focus its resources on more efficient and effective NPDES permitting, and allow for greater consistency in developing pollutant discharge limitations throughout each river basin. In order to place the subject NPDES Permit within the proper cycle for its corresponding river basin, it may be necessary to shorten the life of the permit to less than the maximum allowable five year term as defined by North Carolina General Statute 143-215.1 (c) (5). In most cases, once a permit has been brought into the proper basin cycle, future permits will be issued for the maximum five year period. All questions or comments pertaining to any portion of the DRAFT Permit should be directed to Mr. Dale Ove of the NP ermits Gro p at the address on telephone number listed below pLfflElffie "Schedu a to Issue" da e m t e public notice. Once a tC it is issued, except for typographical or technical errors, the permit may be appealed Q Lt h the legal process. Such appeal would need to be made in the form of a written petition inrdance with Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, PO Drawer 11666, Raleigh, NC 27611 within 30 days of permit issuance. Thank you in advance for your cooperation in these matters. Sincerely, Steve W. Tedder, Chief ; r Water Quality Section Pollution Prevention Pays lrt4 P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-7 IN -a< An Equal Opportunity Affirmative Action Employer r, :. • f PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION POST OFFICE BOX 27687 RALEIGH, NORTH CAROLINA 27611-7687 NOTIFICATION OF INTENT TO ISSUE A STATE NPDES PERMIT On the basis of thorough staff review and application of Article 21 of Chapter 143,General Statutes of North Carolina,Public Law 92-500 and other lawful standards and regulations,the North Carolina Environmental Management Commission proposes to issue.a permit to discharge to the persons listed below effective 11/1/90 and subject to special conditions. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the above address no later than 10/17/90. All comments received prior to that date will be considered in the formulation of final determinations regarding the proposed permit. A public meeting may be held where the Director of the Division of Environmental Management finds a significant degree of public interest in a proposed permit. A copy of the draft permit is available by writing or calling the Division of Environmental Management, P.O. Box 27687, Raleigh, North Carolina 27611-7687, (919) 733-7015. The application and other information may be inspected at these locations during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments or requests regarding a proposed permit should make reference to the NPDES permit number listed below. Date USl��y� George T.Everett,Director Division of Environmental Management Public notice of intent to issue a State NPDES permit to the following: 1. NPDES No. NC0078573. Mr. David M. Fox, Route 3, Box 108, Mars Hill, NC 28754 has applied for a new permit for a facility located at Fox Trout Farm on NCSR 1503, northeast of Mars Hill, Madison County. The facility discharges wastewater from a trout farm through one outfall into Big Laurel Creek, a Class C-Trout stream in the French Broad River Basin. 2. NPDES No. NC0078638. Willard Glenn Wood, Jr., PO Box 106, Robbinsville, NC 28771 has applied for a new permit for a facility located at Glennwood Trout Farm on West Buffalo Road,west of Robbinsville,Graham County. The facility discharges wastewater from a trout farm through one outfal. into West Buffalo Creek, a Class C-Trout stream in the Little Tennessee River Basin. 3. NPDES No. NC0078654. Mr. Charles H. Ziegler, 615 Catheys Creek Road, Brevard, NC 28712 has applied for a NPDES Permit for a facility located at High Valley Trout Hatchery off Cathey's Creek Road,north of Tarkiln Mountain, Transylvania County. The facility discharges wastewater from a trout hatchery through one outfall into Glady Fork, a Class WS-lII Trout stream in the French Broad River Basin. 4. NPDES No.NC0078662. Mr. Richard G. Jennings, Rt. 3, Box 513, Canton, NC 28716 has applied for a new permit for a facility located at Jennings-Sunburst Trout Farm, adjacent to NC Highway 215 &NCSR 1111,north of Lake Logan (site A) and Riverside community (site B),Haywood County.The facility discharges wastewater from trout farm rearing ponds through two outfalls 001 (A) &002 (B) into West Fork Pigeon River,a Class WS-III-Trout stream in the French Broad River Basin. 5. NPDES No. NC0078719. Ms. Juanita F. Osterman, PO Box 1487, Robbinsville, NC 28771 has applied for a new permit for a facility located at Riverbend Trout Farm off NCSR 1122, southwest of Robbinsville,Graham County. The facility discharges wastewater from a trout farm through one outfall into West Buffalo Creek, a Class C-Trout stream in the Little Tennessee River Basin. 6. NPDES No. NC0078751. Trigo Trout Company, Inc., 615 Cathey's Creek Road, Brevard, NC 28712 has applied for a new permit for a facility located at Trigo Trout Farm on NCSR 1379, southwest of Brevard,Transylvania County. The facility discharges wastewater from a trout hatchery through one outfall into Tucker Creek, a Class C-Trout stream in the French Broad River Basin. 7. NPDES No. NC0078816. Mr. Don E. Franklin, PO Box 11,Hot Springs, NC 28743 has applied for a new permit for a facility located at D & S Franklin Trout Farm on NC Highway 208,northwest of Whiterock,Madison County. The facility proposes to discharge wastewater from a trout farm through one outfall into Little Laurel Creek,a Class C-Trout stream in the French Broad River Basin. 8. NPDES No. NC0078808. Mr. David Keith Boley,PO Box 132A, Lake Toxaway, NC 28747 has applied for a new permit for a facility located at Camp Cove Trout Farm off of NCSR 1309, southwest of Brevard,Transylvania County. The facility discharges trout hatchery wastewater from one outfall into Camp Cove Branch, a Class WS-III-Trout stream in the French Broad River Basin. 9. NPDES No. NC0078794. Mr,.�Claude Edward Cr ai , Rout 3, Box 112-A, Murphy, NC 28906 has applied for a new permit for a facility located a Craig's rout Farm on NCSR 1340, north of Murphy, Cherokee County. The facility discharges wastewater from a trout farm through one outfall into Owl Creek, a Class C stream in the Hiwassee River Basin. 10. NPDES No. NC0078841. C. R. Brown Enterprises, Inc., Route 1, Box 287, Andrews, NC 28901 has applied for a new permit for a facility located at Cold Springs Trout Farm on NCSR 1397 in Andrews, Macon County. The facility discharges wastewater from a trout farm operation through one outfall into Whiteoak Creek, a Class C-Trout stream in the Little Tennessee River Basin. 11. NPDES No. NC0078875. Ms. Helen G.Franklin, PO Box 1501, NC Highway 208, Marshall, NC 28753 has applied for a NPDES permit for a facility located at Franklin Trout Farm on NC Highway 208, Marshall,Madison County. The facility discharges wastewater from a trout farm through one outfall into Little Laurel Creek,a Class C-Trout stream in the French Broad River Basin. 12. NPDES No. NC0078956. Mr. Aubrey Dale Owen, Route 2, Box 397, Brevard, NC 28712 has applied for a new permit for a facility located at Morgan Mill Trout Farm off US Highway 64 near Rosman,Transylvania County. The facility discharges wastewater from a trout farm through one outfall into Morgan Mill Creek, a Class B-Trout stream in the French Broad River Basin. 13. NPDES No. NC0079031. Industrial Oportunities, Inc., PO Box 39, Marble, NC 28905 has applied for a new permit for a facility located at Industrial Oportunities, Inc., US Highway 19/129, Marble, Cherokee County. The facility proposes to discharge 0.003 MGD of treated domestic wastewater from one outfall into Hyatt Creek, a Class C stream in the Hiwassee River Basin which has a 7Q10 flow of 2.8 cfs. 14. NPDES No. NC0078964. Mr. Charles Ziegler, 595 Parkway Road, Dalsam Grove, NC 28708 has applied for a new permit for a facility located at Headwater Trout Farm on NC Highway 215,nine miles north of US Highway 64,Transylvania County. The facility discharges wastewater from a trout farm through one outfall into North Fork French Broad River, a Class WS-III-Trout stream in the French Broad River Basin. 15. NPDES No. NC0079006. Hemac, Inc., 430 Cooper Creek Road, Bryson City, NC 28713 has applied for a new permit for a facility located at Hemac, Inc.,on Little Snowbird Road, northwest of Marble,Graham County. The facility discharges wastewater from a trout farm through one outfall into Little Snowbird Creek, a Class C-Trout stream in the Little Tennessee River Basin. 16. NPDES No. NC0079090. Coldwater Trout Farms, Inc., Rt. 1, Box 64B, Dover, NC 28526 has applied for a new permit for a facility located at Coldwater Trout Farms,Inc., 300 feet north of the intersection of NCSR 1115/1127, southwest of Robbinsville,Graham County. The facility discharges wastewater from a trout farm through one outfall into Snowbird Creek, a Class C-Trout stream in the Little Tennessee River Basin. 17. NPDES No. NC0079103. Mr. William Bernolt Palas, Rt. 2, Box 408, Asheville, NC 28805 has applied for a new permit for a facility located at Palas Trout Farm at the end of Shope Creek Roa , northeast of Riceville,Buncombe County. The facility discharges wastewater from a t ou farm through one outfall into Shope Creek, a Class C stream in the French Broad River Basin. 18. NPDES No. NC0079146. NC Wildlife Resources Commission, Division of Boating &Inland Fisheries, 512 N. Salisbury Street,Raleigh, NC 27604-1188 has applied for a new permit for a facility located at Pisgah Forest Fish Hatchery on Government Road, northwest of Brevard,Transylvania County. The facility discharges wastewater from a trout hatchery through one outfall into Davidson River, a Class WS-III-Trout stream in the French Broad River Basin. 19. NPDES No. NC0061824. Gregory J. Bender, 19 Clark Drive, Waynesville, NC 28786 has applied for a permit renewal for a facility located at Woodland Village on Mine Branch Road,east of Maggie Valley,Haywood County. The facility discharges 0.075 MGD of treated domestic wastewater from one outfall into Mine Branch,a Class C-Trout stream in the French Broad River Basin which has a 7Q10 flow of 0.29 cfs. 0 S. 20. NPDES No. NC0079189. L. E. and Paulette Owen,Rt 1, Box 89,Lake Toxaway, NC 28747 has applied for a new permit for a facility located at Parker Creek Trout Farm, at the end of NCSR 1310, southwest of Balsam Grove,Transylvania County. The facility discharges wastewater from a trout farm through one outfall into Parker Creek, a Class C-Trout stream in the:French Broad River Basin. 21. NPDES No. NC0079341. Edward Joy, Route 1, Box 53A, Lake Toxaway, NC 28747 has applied for a new permit for a facility located at Whitewater Trout Farm, at the intersection of Slick Fisher Road& NC Highway 281,north of Lake Toxaway, Transylvania County. 'Che facility presently discharges wastewater from an existing trout farm through one outfall into West Fork French Broad River, a Class WS-III-Trout stream in the French Broad River Basin. i Permit No. NCO078662 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, ether lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Mr. Richard G. Jennings Is hereby authorized to discharge wastewater from a facility located at Jennings Sunburst Trout Farm adjacent to NC Hwy 215 &NCSR 1111 north of Lake Logan (site A) Riverside community(site B) Haywood County to receiving waters designated as West Fork Pigeon River in the French Broad River Basin in accordance with effluent limitations,monitoring requirements,and other conditions set forth in Parts I, H, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on Signed this day BRA f'mT George T.Everett,Director Division of Environmental Management By Authority,of the Environmental Management Commission Permit No. NC0078662 SUPPLEMENT TO PERMIT COVER SHEET Mr. Richard G. Jennings is hereby authorized to: 1. Continue to discharge wastewater from trout rearing ponds at sites A&B located at Jennings- Sunburst Trout Farm, adjacent to NC Hwy 215 &NCSR 1111, north of Lake Logan (site.A), Riverside community (site B),Haywood County (See Part III of this Permit), and S� t ; 2. Discharge from said treatment works at the location specified on the attached map into West Fork Pigeon River which is classified Class WS-III-Trout waters in the French Broad River Basin. i ` \ Al"K is z \t — if roil Cal. ���� •' 1 �) \ r�, o00 � � "-----�'� Ij ^�- � U b m R m o 00 2 U too m m > Z m El _ z ., N I c � � y LL �r m s. o E E •� x 7y LO y$$4= Q> O m coCd e-1 V vn to Co >' E E •�°� E E ~ m o T m C° o 4-4 2404 O to Z cV CA � w Oo� :3 411. O O w o �+ g W 45 HW c (D [[�]] CA L �m o p Cam�",+ O t� c� ' co -- m CA Q W A � d) co co ro Q W O LL H � PART I Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency: 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or,in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance,any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3 EM Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges,sampled and/or measured during such month. It is therefore,an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I� of the b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week(Sunday-Saturday)on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. Part II Page 2 of 14 d. The"average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such year. It is,therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean(weighted by flow value)of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as"'Monthly Average"under"Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria; is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday)on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The"maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as 'Daily Maximum" under"Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria,is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under"Other Limits"in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen)is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average in the text of Part I. Part II Page 3 of 14 f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June,July through September, and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month: b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Sample a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with(1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples maybe collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four(4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Part II Page 4 of 14 b. Geometric Mean: The 'geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one(1). c. Weighted by Flow Valuer Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day maybe used for sampling. 11. Hazardous Sub t�_ance 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. Day to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is ground for enforcement action; for permit termination, revocation and reissuance, or modification;or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. Any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to'criminal penalties of$2,500 to $25,000 per day of violation,or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years,or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. '[Ref:'40 CFR 122.41(a)] Part 1I Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power Failures" (Part II, B-6), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish'kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities,liabilities,or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 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 Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Seyerability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances,and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any 1` information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required to be kept by this permit. 9. Duty to R_eapWy 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. Part I1 Page 6 of 14 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 east 8 ays prior to ex iration, or any discharge that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section,a responsible corporate officer means: (a) a president, secretary,treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager,of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars),if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively;or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity,such as the position of plant manager, operator of'a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that V qualified personnel properly gather and evaluate the information submitted. Based on �D my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and believe, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. 12. .Permit Actions This permit may be modified,revoked and reissued,or terminated for cause.The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Rei suannce or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15 of the North Carolina Administrative Code, Subchapter 2H .0100;and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility,whether for operation or discharge, are h r v rgv_oked by issuance Qf this nernut. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CQNTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The permittee shall notify the Division's Operator Training and Certification Unit within five days of any change in the ORC status.' Part II Page 8 of 14 2. Prover Oueration and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditionsof this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility, (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6.of this permit. (24-hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; Part II Page 9 of 14 (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permitwe submitted notices as required under Paragraph c.of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects,if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraphd. (1) of this section, 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive maintenance, or careless or improper operation. b. Affect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph (3) of this condition met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance,is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and that the permittee can identify the cause(s)of the upset; (b) The permittee facility was at the time being properly operated; and (c) The permittee submitted notice of the upset as required in Part II, E. b: (b) (B) of this permit. - (d) The permittee complied with any remedial measures required under Part H, B.2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 10 of 14 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge,and with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge when promulgated. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Pen-nit Issuing Authority. 2. R in 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 1 f Part lI Page 11 of 14 3. Flow Measurements t Appropriate flow measurement d vices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than+ 10% from the true discharge rates throughout the range of expected discharge volumes. Once-through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act,as Amended, and Regulation 40 FR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tam,}fring The Clean Water Act provides that any person who falsifies,tampers with,or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation,or by imprisonment for not more than two years per violation, or by both. 6. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date,exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. Part II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the peimittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices,or operations regulated or required under this permit; and d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E REPORTING REQUIREMENTS 1. Changr,in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Change The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). ; 3 Anticipated Noncgmmpliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Part 1I Page 13 of 14 5. Monitoring Revolts Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part iI. D. 2. of this permit). b. If the permittee monitors any pollutant more frequently than required by the permit, using test proceduresspecified in Part II, D. 4. of this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee 'becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate,and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (B)Any upset which exceeds any effluent limitation in the permit. (C)Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has-been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part 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 11 Page 14 of 14 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line,or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 10. Availabilityoports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation,or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,or by imprisonment for not more than two years per violation,or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management,conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis, of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest oftthero owng "notification levels' (1) One hundred micrograms per liter(100 ug/1); (2) Two hundred micrograms per liter(200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter(1 mg/1)for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis,of a'toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter(500 ug/1); (2) One milligram per liter(1 mg/1) for antimony; (3) Ten(10)times the maximum concentration value reported for that pollutant in the permit application. r Part III Permit No. NCO078662 I D. Upon findings by the Division of Environmental Management that impacts on the receiving stream by the operation of this facility are sufficient to cause violations of water quality standards, this permit shall be revoked and reissued, or, modified to require such measures, including but not limited to, monitoring and reporting, initiation of specific management practices, or construction and operation of additional treatment facilities. i E. There shall be no additional construction for the purpose of increasing production at this facility without prior approval by the Division. S Y<.e h Annual Monitoring Report for Permitted Trout Farms 1 . Production year 2 . Name of facility 3 . Permit number 4 . How much trout was produced this year? 5 . How much feed was consumed this year? pounds tons 6 . Describe the waste management system( s) you used this year (e.g. direct discharge, land application, etc) 7 . Submit the following records for waste management practices involving land application, if available. Contact the Agricultural Extension Service, Soil Conservation Service, or the Agronomic Division of the Department of Agriculture for more information on soil testing, waste analysis, and nutrient budgets . a. Location of 'land application b. Extent in acres c. Name of stream (river) which drains this land d. Copy of waste analysis report. J le Ve, e. Copy of soil test report. ,,,.P f. Copy of nutrient balance worksheet. g. Volume of waste applied h. Method of application 8 . If water quality sampling was conducted, submit a copy of results . I certify that I am familiar with the information contained in the form and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed name Date signe Signature RECEIVED Water Quality SectiOn NOV 9 1992 State of North Carolina Department of Environment, Health and Natural Resourcq%heville Regional Division of Environmental Management �Sheville, North Caro" 512 North Salisbury Street•Raleigh,North Carolina 27604 James G.Martin,Governor A.Preston Howard,Jr.,P.E. William W.Cobey,Jr.,Secretary Acting Director Regional Offices November 6, 1992 Asheville 704/251-6208 RICHARD G. JENNINGS JENNINGS TROUT FARM-FISH PROC Fayetteville RT. 3 BOX 513 919/486-1541 CANTON, NC 28716 Mooresville SUBJECT: PERMIT NO. WQ0004378 Subsurface Wastewater Treatment 704/663-1699 & Disposal System JENNINGS TROUT FARM-FISH PROC Raleigh HAYWOOD COUNTY 919/571-4700 Washington Dear Permittee: 919/946-6481 The Division of Environmental Management issued the subject permit on Wilmington 12/09/91 for the contruction and/or operation of a subsurface wastewater Wilmington treatment and disposal system. This Division processed a nondischarge permit under the jurisdiction of North Carolina General Statutes Winston-Salem 143-215.1 and 130A-335 and North Carolina Administrative Code Section 15 919/896-7007 NCAC 2H .0200; "Waste Not Discharged to Surface Waters" which was issued until 12/01/96. On July 14, 1992, House Bill 1545 was ratified in the North Carolina General Assembly which transferred the authority for the plan review, permit issuance and compliance monitoring of most Environmental Management Commission subsurface wastewater treatment and disposal systems, whose staff body is the Division of Environmental Management, to the Commission for Health Services through the local health departments and the Division of Environmental Health. Under this new authority, the nondischarge permit for the wastewater treatment and disposal system under Permit No WQ0004378 is now under the jurisdiction of the HAYWOOD County Health Department and the Division of Environmental Health. Under this new authority, any renewal requests, or requests for modifications, upgrades or repairs of this system will now be reviewed and processed by the HAYWOOD County Health Department. At least 180 days prior to the expiration date of this permit of 12/01/96, you must contact the HAYWOOD health department and apply for an operation permit for the continued operation and maintenance of this system. Pollution Prevention Pays P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer j page -2- If you have any questions concerning this matter, please contact Ms. Carolyn McCaskill, Supervisor, State Engineering Review Group with the Division of Environmental Management at (919) 733-5083, Mr. Steven Berkowitz, P.E. , On Site Wastewater Engineering Branch with the Division of Environmental Health at (919) 733-2895 or the HAYWOOD County. Health Department. Sincerely, �U qo A. Pr on Howard, Jr. , cc: HAYWOOD County Health Department Asheville Regional Office, Water Quality, Section Asheville Regional Office, Groundwater Section Groundwater Section, Jack Floyd Mr. Steven Berkowitz, P.E. , Division of Environmental Health Ms. Carolyn McCaskill, Division of Environmental Management s ------ -- o1z - --- -L-1zP--- - - -- -- 77-- - 9 --------- - -- - - ----- -- Z- qz -- - -- -T_ r • 40C� E ZDfun of Manton, ( i 1333•^ Office of The Town Manager- . WILLIAM G. STAMEY TOWN MANAGER November 7 , 1990 Dr. George T. Everett Director Division of Environmental Management Department of Environment, Health, and Natural Resources 512 North Salisbury Street Raleigh, NC 27611 Dear Dr. Everett: I appreciate your informative response to my concerns about the proposed NPDES Permit No. NC0078662, to Jennings-Sunburst Trout Far, of October 22, 1990 , located in the Town' s Pigeon River watershed water supply. Thanks for confirming our previous understandings that 1 . The Trout Farm permit will not prohibit or affect "our present efforts to reclassify the Pigeon River water supply to an existing WS-1 or proposed WS-II . " 2 . Fish wastes from dressing and packing operations, and domestic wastewater from the processing facility are being discharged into a ground system. This system' s operation integrity, questioned by the Haywood County Health Department, is being evaluated by your office. From the foregoing, I concur with your decision to not hold a public hearing on issuance of the permit providing that your office: 1 . Provides my office with a copy of the permit, listing standards of operations and required periodic checks/reports . 2 . Provide periodic reports on water quality discharges from the trout growing operation, as is now being provided for domestic discharges into the water supply by the Asheville office of DEM. RECEIVE 0, Water Q4t;al;ty sec`oosrs Asheville Regional Office A;heville, North Caroling Dr George T. Everett Page 2 We appreciate your support in the Town' s goal to reclassify its Pigeon River water supply to the highest level possible. Sincerely; TOWN OF CANTON G. tame Town Manager WGS/rg Attachment cc 1Gary T. Tweed Roy M. Davis Forrest Westall Max L. Haner Haywood County Health Dept . RECEIVED DEPARTMENT OF THE ARMYteruallty Section WILMINGTON DISTRICT,CORPS OF ENGINEERS P.O.BOX 1890 N O F.V ° 1990 �. � WILMINGTON,NORTH CAROLINA 28402-1890 October 30, 1990 Asheville Regional OfficeIN REPLY REFER TO Asbe ii1e,North'Carolim S: December 31, 1990 Regulatory Branch SUBJECT: File No. CESAW-0091-N-044-0032 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: Enclosed is the application of Mr. Richard G. Jennings, dba Jennings Trout Farm, for Department of the Army after-the-fact authorization and a State Water Quality Certification to retain fill material discharged into the Little East Fork Pigeon River in conjunction with the construction of a trout rearing facility south of Canton, Haywood County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request by December 31, 1990, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. David Baker in our Asheville office at (704) 259-0856. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure) : Mr. John Parker Regional Office Manager Division of Coastal Management North Carolina Department of North Carolina Department of 4,-E-nvironment, Health and Environment, Health and Natural Resources Natural Resources 8025 North Point Boulevard Post Office Box 27687 Suite 100 Raleigh, North Carolina 27611-7687 Winston-Salem, North Carolina 27106 * I DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS ' q1 P.O.BOX 1890 hl� WILMINGTON,NORTH CAROLINA 28402-1890 i" October 15, 1990 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. CESAW-0091-E-044-0013 Mr. Richard G. Jennings, Jr. Route 3, Box 513 Canton, North Carolina 28716 Dear Mr. Jennings: Reference your recent meeting with Messrs. Bob Johnson and David Baker of my Asheville Regulatory staff concerning the construction of a trout growing facility in and adjacent to the Little East Fork Pigeon River off Camp Daniel Boone Road, south of Bethel, Haywood County, North Carolina. The purpose of their meeting with you was to inspect recent work in the river, and inform you with regards to Department of the Army (DA) permit requirements in waters and wetlands. Specifically, the work in place at this time includes a concrete intake struture and three trout growing ponds approximately 30 feet wide and 100 feet long each. In addition, a rock/earth berm has been installed on the waterward side of the trout ponds. The berm extends 8 to 12 feet into the Little East Fork Pigeon River. As Messrs. Johnson and Baker informed you, Section 404 of the Clean Water Act requires that you secure a permit from this office prior to the discharge of excavated or fill material in waters or wetlands. A review of our files indicates that the described project was not coordinated with this office and a permit has not be issued. Without the necessary permit, the above described activity is in violation of Federal Law and you should cease from further work in the river or adjacent wetlands. Mr. Johnson informs me that you have requested an opportunity to apply for an after-the-fact permit, In view of this, you should submit a completed application to this office within 14 days following your receipt of this notification. Further action concerning the unauthorized activity will be delayed pending the outcome of the permit review. Failure to comply with this directive may result in referral to the United States Attorney with a recommendation for civil prosecution. Therefore, your cooperation is necessary and will be appreciated. If there are questions, contact Bob Johnson, Regulatory Branch, telephone (704) 259-0855. _ Sincerely, CI Waller (}s-fl')''V w Pntix G. Wayne Wright ,OCT 2 IiiPP10110 Chief, Regulatory Branch } -2- Copies Furnished: Mr. Thomas J. Ashcraft Mr. John Parker United States Attorney Division of Coastal Management Western District of North Carolina North Carolina Department of 100 Otis Street, Room 306 Environment, Health, and U.S. Courthouse Natural Resources Asheville, North Carolina 28801-2611 Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Mr. Richard Phillips Post Office Box 25039 North Carolina Department of Raleigh, North Carolina 27601-5039 Environment, Health, and Natural Resources U.S . Environmental Protection Division of Land Resources Agency - Region IV Post Office Box 370 Wetlands Section - Water Quality Branch Asheville, North Carolina 28802 345 Courtland Street, N.E. Atlanta, Georgia 30365 Mr. John Fridell Endangered Species Field Station Mr. Forest Westall Fish and Wildlife Service North Carolina Department of U.S. Department of the Interior Environment, Health, and 100 Otis Street, Room 224 atural Resources Asheville, North Carolina 28801 vision of Environmental Management ost Office Box 370 Asheville, North Carolina 28802 Regional Director National Marine Fisheries Service, NOAA Duval Building 9450 Koger Boulevard Saint Petersburg, Florida 33702 Ce,u�� NL 2, f'7 / (� (ZT z fox a87 &7/6 ��x State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G.Martin,Govemor George T.Everett,Ph.D. William W.Cobey,Jr.,Secretary October 22 , 1990 Director RECI iVED Water Quality Sectiop OCT 2 3 1990 Mr. William G. Stamey, Town Manager Town of Canton Asheville Regional Office Post office Box 987 Asheville, North Carolina Canton, North Carolina 28716 Subject: Proposed NPDES Permit No. NCO078662 Jennings-Sunburst Trout Farm Haywood County, North Carolina Dear Mr. Stamey: This Division is in receipt of your October 1, 1990, letter concerning the issuance of subject NPDES Permit to Jennings-Sunburst Trout Farm in which you requested a public hearing. This response is being sent to you to try and answer some of the questions raised. This past year, the Division of Environmental Management developed a procedure to issue NPDES Permits to Trout Farms that fell under federal criteria. Federal regulations require trout farms producing more than 20,000 pounds per year and feeding more than 5,000 pounds of feed in any calendar month to hold a NPDES Permit for the water flowing through the trout growing operation and being discharged to surface waters. A questionnaire was sent to all. known trout farms to gather production and operational data to determine those requiring permits. Once submitted, the questionnaire became the NPDES Permit application for those farms of the size requiring a permit. The Jennings-Sunburst Trout Farm exceeds the federal criteria resulting in the drafting of the proposed NPDES Permit. You should realize that this permit is for the water flowing through the trout rearing operation and does not cover any farm processing operatiot).s . With th'_s background information in mind, 1 will address those questions raise in your October 1, 1990 letter. 1 . The existing WS-I and proposed. WS-II water supply classifications both allow certain type of discharges; one of which is trout farm operations. Issuance of trout farm permits will not prohibit or affect the requested reclassii-ica.tion of the Pigeon River, Poiludon Prevention Pays P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-7015 A..C.....i 11.....-.......:a..Afk7.-. .:.... A :.... C.....�I....... Jennings-Sunburst Trout Farm Page Two October 22 , 1990 2 . The proposed NPDES Permit has no affect on the Town proceeding with the adoption of proposed ordinances and the Town should proceed as planned. 3 . The existing ground absorption system on the farm is serving the fish processing facility and is separate from the trout rearing operation. It is not of sufficient size to receive the large volume of water that flows through the hatchery. The flow through the hatchery is up to 20,000 gallons per minute which would not make it feasible to use ground absorption for disposal . The NPDES Permit covers the existing trout farm which has been in operation for many years. There are no documented nor anticipated negative impacts on the recreational or water supply use as result of this operation. 4. Again as stated above, ground absorption is not a feasible alternative for the water flowing through the hatchery. It is understood that there has been some question as to the fish processing wastewater disposal system. The existing ground absorption system serving the processing facility is being evaluated and preliminary results indicate no impact on the Pigeon River. Should improvements to this system be needed, continued use of a ground absorption type Non-Discharging System for the process wastewaters will be the desired treatment alternative. Should the Pigeon River be reclassified as requested, a discharging type wastewater treatment system designed for the processing facility would not be allowed under the current or proposed regulations. Should the Division receive a request for a NPDES Permit for the processing facility it would be held pending the outcome of the requested reclassification. Hopefully, the questions you have raised have been answered in this letter. On the basis of the information presented in this letter and my evaluation of your request, I have determined that a public meeting will not be held. Should you have any questions or wish to discuss this matter, please feel free to contact this Division. Sin ely, F I1 / George Everett cc: Gary T. Tweed Roy M. Davis Forrest R. Westall Max L. Haner The T'Vivu of (f union, IJ33'y Office of The Town Manager • WILLIAM G. STAMEY TOWN MANAGER 7s a October 1 , 1990 10 �� s WATER, QH-PAUTY SECTION ee Dr. George T. Everett Director �ga,.�h Division of Environmental Management P.O. Box 27687 Raleigh, NC 27611-7687 Dear Dr. Everett: The Town of Canton objects to issuance of proposed wastewater discharge permit No. NC0078662, to the Jennings-Sunburst Trout Farm, Canton, North Carolina, without the benefit of a public meeting/hearing on the impacts this discharge will have on the Town' s drinking water supply (copy of announcement attached) . Town officials , water consumers, and residents of the watershed are concerned on issuance of the NPDES permit on the following basis: 1 . The Town is now in the process of reclassification of the Pigeon River watershed to a WS-I under existing state standards or a WS-II under proposed standards by the Environmental Management Commission (EMC) in pursuant of House Bill 156. 2 . DEM/EMC was notified by resolution on March 2 , 1989 , that the Town was requesting reclassification of the watershed water supply from a WS-III to a WS-I . Since that time several pieces of correspondence on the Town' s commitment and desire to meet its reclassification goal have passed between the Town and DEM/EMC . The Town is prepared with property owners participation, and new standards ruled on by EMC by January 1, 1991 , to go to public hearing as soon as possible to adopt a protection ordinance for the Critical Area of the water supply. 3 . The public needs to know: Why the Trout Farm' s present ground discharge system is not sufficient to handle the requested discharge volume, and what impact will the proposed treated wastewater discharge have on the quality of the drinking water supply and its recreational uses? Dr. George T. Everett Page 2 4 . Other alternatives such as a qualified ground discharge system should be pursued. The Canton Town Hall is a suitable place for the public meeting/hearing. Sincerely yours, TOWN OF CANTON G. S amey Town Manager WGS/rg Attachment cc : Mary Henigbaum, County Planner Garrett Smathers, Town Consultant Jim Henson, Planning Board Chairman Roy Davis, DEM, Asheville Office Dan McCracken, Haywood County Health Department " rl�taEll��aroiicteRr�biid��' 92-500 and other lawful`-'- standards and regulations,' the North Carolina Environ- mental.:Management.Corn - missior`pfoposes;1d'issue,a�- permit to discharge�td<the_, persons'listed below effec-' tive{11/1/90 and sublect,to special conditions Tmons.wl Ucdrrr� mer{rbporf F`obje to�ttie proposed "determinations,, are invited to;_submi- me_ in- writing to:•:the 'above -' i address no-dater-than j0/ 1 1.7/90! All ``comments w received'prror.'to"thaflate PUBLIC NOTTICE .: STATE will:be considered in:,thee NORTH CAROLINA. formulation of..final deter ENVIRONMENTAL minations.trregarding fAhe Y MANAGEMEN11- proposed permit-:A public COMMISSION meetin&rnay be held where POST OFFICE.BOX-27687 z the Director of the Division RALEIGH NORTH of Environmentak,Manage- CAROLINA 27611-7687 meW-finds'2577signi icant -NOTIFICATION OFiNTENT degree of public interest m rTQ ISSUE A.STATE= . a proposed pemif NPDES PERMIT.;.: A copy of the draft permit' r is_availa6 by wnfing;.or, On-the b sis thoroug calling? the l)Wfi§rorWd st ff rewewwfr plication Environmental Manage of,Article s21 oft Chapter• ment; PW, Bor 27687, �._' T4 :Gerfieral'''StataosFAof' . `Rateigti„ North Carolina , a 276T1a7�687 (91.9)%733�- 7015-;�Gr4 4tyyxff -The applicat on=and:other. information • ~may xbe,': inspected at these locations_i during normal:office:hours • _ Copies of the.Fnformatiom:v ' on file are available;-:upon<; request and.payment;of,the! costs.;of.,'reproduction:.All. suchco inments or:re-6 quest;', regarding,a-proposed,per- L mit should make reference e to the,NPQES perTq num - Gv'K' ber.listed,below i te�09 07 90 i / George T Everett ! Director ; Dwision of.Environ- mental Management lsSub(ic,potice of intent to %Q6 Stte,NPDES permit to the following-:.,,- 1 -�,;,NPDES ,:No .- NC0Q78662;;,Mr ,Richard G Jennings��_ft $ox 5I3, :Canton, NC 28716 has.j',applled .for„a anew t; permt'for a facjlity;located at Jennmgs Sunburstjrout Farm;adjacent to NC Highh` 41 way,215_A"NCSR°T111"'- north'of Lake Logarr;(site A) and Riverside'community (site__B),.Haywoo ,,C,ounity. The '-Jap►hty iichafges wastgwater.from trout=farm';i. rearing pondsethrough two `- outfalls 001-(A)&002-(B) '; into West,P,Fork ;Pigeon Rivet,;a classy WS-Ili-Trout stream in the�i'errch�Broad River-Basin r =' ;. pnnrv,+A' (�Q.. 2z� 2i z 3oke �7 2�S- PG3 Y M EM 0 . - ��DATE: TO: SUBJECT: (�,d�� l STATE a llorth Carolina Department of Natural � p Resources &Community Development ._....... . State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh,North Carolina 27611 James G.Martin,Govemor George T.Everett,Ph.D. William W.Cobey,Jr.,Secretary Director Mr. William G. Stamey, Town Manager Town of Canton Post Office Box 987 Canton, North Carolina 28716 Subject: Proposed NPDES Permit No. NCO078662 Jennings-Sunburst Trout Farm Haywood County, North Carolina Dear Mr. Stamey: This Division is in receipt of your October 1, 1990, letter concerning the issuance of subject NPDES Permit to Jennings-Sunburst Trout Farm in which you requested a public hearing. This response is being sent to you to try and answer some of the questions raised. This past year, the Division of Environmental Management developed a procedure to issue NPDES Permits to Trout Farms that fell under federal criteria. Federal regulations require trout farms producing more than 20, 000 pounds per year and feeding more than 5,000 pounds of feed in any calendar month to hold a NPDES Permit for the water flowing through the trout growing operation and being discharged to surface waters. A questionnaire was sent to all known trout farms to gather production and operational data to determine those requiring permits. Once submitted, the questionnaire became the NPDES Permit application for those farms of the size requiring a permit. The Jennings-Sunburst Trout Farm exceeds the federal criteria resulting in the drafting of the proposed NPDES Permit. You should realize that this permit is for the water flowing through the trout rearing operation and does not cover any farm processing operations. With this background information in mind, I will address those questions raise in your October 1, 1990 letter. 1 . The existing WS-I and proposed WS-II water_ supply classifications both allow certain type of discharges; one of which is trout farm operations. Issuance of trout farm permits will not prohibit or affect the requested reclassification of i--he Pigeon River. PoDution Prevention Pays P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-7015 A._Cam..-1 AW.- Jennings-Sunburst Trout Farm Page Two 2 . The proposed NPDES Permit has no affect on the Town proceeding with the adoption of proposed ordinances and the Town should proceed as planned. 3 . The existing ground absorption system on the farm is serving the fish processing facility and is separate from the trout rearing operation. It is not of sufficient size to receive the large volume of water that flows through the hatchery. The flow through the hatchery is up to 20,000 gallons per minute which would not make it feasible to use ground absorption for disposal. The NPDES Permit covers the existing trout farm which has been in operation for many years. There are no documented nor , anticipated negative impacts on the recreational or water supply use as result of this operation. 4. Again as stated above, ground absorption is not, a feasible alternative for the water flowing through the hatchery. It is understood that there has been some question as to the fish processing wastewater disposal system. The existing ground absorption system serving the processing facility is being evaluated and preliminary results indicate no impact on the Pigeon Rivera Should improvements to this system be needed, continued use of a ground absorption type Non-Discharging System for the process wastewaters will be the desired treatment alternative. Should the Pigeon River be reclassified as requested, a discharging type wastewater treatment system designed for the processing facility would not be allowed under the current or proposed regulations. Should the Division receive a request for a NPDES Permit for the processing facility it would be pending the outcome of the requested reclassification. Hopefully, the questions you have raised have been answered in this letter. On the basis of the information presented in this letter and my evaluation of your request, I have determined that a public meeting will not be held. Should you have any questions or wish to discuss this matter, please feel free to contact this Division. Sincerely, George T. Everett CC: Gary T. Tweed Roy M. Davis Forrest R. Westall Max L. Haner l i 4P , T CA E `C vfun of &ntan, .AlUe f1�, a33 Office of The Town Manager WILLIAM G. STAMEY TOWN MANAGER October 1 , 1990 RECEIVE ® Water Quality Section 0 CT 3 - 1990 Dr. George T. Everett Director Asheville Regional Office Division of Environmental Management Asheville, North Carolina P.O. Box 27687 Raleigh, NC 27611-7687 Dear Dr. Everett The Town of Canton objects to issuance of proposed wastewater discharge permit No. NCO078662 , to the 'Jennings-Sunburst Trout Farm, Canton, North Carolina,, without the benefit of a public meeting/hearing on the impacts this discharge will have on the Town' s drinking water supply (copy of announcement attached) . Town officials, water consumers, and _ residents of the watershed are concerned on issuance of the NPDES permit on the following basis: 1. The Town is now in the process of reclassification of the Pigeon River watershed to a WS-I under existing state standards or a WS-II under proposed standards by the Environmental Management Commission (EMC) in pursuant of House Bill 156. 2 . DEM/EMC was notified by resolution on March 2, 1989, that the Town was requesting reclassification of the watershed water supply from a WS-III to a WS-I . Since that time several pieces of correspondence on the Town' s commitment and desire to meet its reclassification goal have passed between the Town and DEM/EMC. The Town is prepared with property owners participation, and new standards ruled on by EMC by January 1, 1991, to go to public hearing as soon as possible to adopt a protection ordinance for the Critical Area of the water supply. 3 . The public needs to know: Why the Trout Farm' s present ground discharge system is not sufficient to handle the requested discharge volume, and what impact will the proposed treated wastewater discharge have on the quality of the drinking water supply and its recreational uses? Dr. George T. Everett 2 4. Other alternatives such as a qualified ground discharge system should be pursued. The Canton Town Hall is a suitable place for the public meeting/hearing. Sincerely yours, TOWN OF CANTON G. S amey Town Manager WGS/rg Attachment cc: Mary Henigbaum, County Planner Garrett Smathers, Town Consultant Jim Henson, Planning Board Chairman ti,Roy Davis, DEM, Asheville Office Dan McCracken, Haywood. County Health Department a L 92-5017 and- other:lawful'_m standards and'regulations " the:North-Caro(ina:Environ-. P t=menta4Managemenhcorrti jmissiorWpivpose4tb isscie4a,5= Permitnto3disctfa'"�`� - rgeStotithe�` person.isted.betowTeffee 11T" tt • • . �_. tive�l�I/1/90°arid�subfeeo-g �c>). •-•gip speciaCconditio• _ epo Proposed�dretecminatioris;� are invited:fa submit:same s_ -inkwriting�torthe�:above>!. addresszna-Iate� ar 10{' 1T/90' AIW-domments. V PUBur-If CI.' `recerved�prro�to tha�date:. STATE"OF wilt be'cor�sid'ered5iri NORTH CAROUNA, formulation:of finaC deter: ENVIRONMENTAL =minationsxregardinglithe y MANAGEMEN r— Proposed.Permit-_A-1 public:- COMMISSION meetinTmW be-held.where. POST OFFICEBOX 27687 the-Director;of"the:Division y RALEIrftNORTH= of EnvironmentaktManage= CAROUNA 2761:t-.7687 A ment�finds-atesignificant NOTIFICATION OF INTENT .degree-'Of-pub ihCerest in_ -- -; TtTiSSUEA,STATE a Arol� d PermrEt ^" NPOES=P-ERMIT' '': 'A copyoPtfredrafi? rrnrt j the= 's thorou ° is avar(ahfe�bywnt h- -cal staff'reviewran zappliptio g'36eKDivisio a�=� ' _of Artiele421;16t;Chapte,. A:EnvironrirentaL�Manage- '' "Gi:ri ral;Sfatafe o; ment PWkBo&27ti8� 4Raleigh-,- tt>�Carolina�ti 276117,OU,4t9:L3)�673�3 2 7015_f .; `'The-a Ppliea6oniaiid other informetiori .;i be: inspectedatthese.locat,o i. '�during<aoilnaL:officettioiirs_=": � MCopiesrofzth tinformatim-...o 'parr,are-a lab[ei u request and:payment;ottthe, costs`oi:,'r'e roduction:r.Alt. suctrcorpmenfs,orsrequest ; regarrlinga=proposed ,mit;sfiould_make:reference.-" i UryL �l�vt2L'y `.to;Efie-WDES:. • "itnum- G per.,...: i be?4listed;below DirLec�r, .a :.... �Dlv�sion.o Environ-- mental Management:, tpuWicwtice.of,intent to issuePa SteteN PDES permit to_the following.;.z,};�, N COQ78662IryRichard.:•s G:;Jenru sk�tt_iti3 BOXY;: 5I3`Cantoir,�NC`2ur -- `;tia apptiefo�a 3newS .` -`peiinikfora fac I-k ted:.,- at-JemmngsSuntxrrst3 r `tom: Oyyuu frEacm,adlacent `v:NC�itgti �. w'ayi»2T5 &`"NCSR7911 FT, north of take L(iganlihi A)'' and' Riveiside`t:community'' (site=6)_fi3aywood_-Coun ,lhe: fait d _ar es �._. h_Y� ischg es= wasfewaterfromstio rearm^-{ (arm?a; rPa!iJ? itougfi twos. ,. : outfalls=00I(2j?&;002'-tB):u•' Westor. igeon= ,River v -L strearrr P�ihea r Broad s%= "-River Basins State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION January 16, 1991 MEMORANDUM TO: John Dorney, Special Projects Supervisor Program Planning Unit : Through: Roy M. Davis, Regional Supervisor Division of Environmental Management Forrest R. Westall ' o 741 vt`w Regional Water Quality Supervisor / ARO From: Max L. Haner, Environmental Chemist Water Quality Section / ARO �� Subject: Comments and Recommendation DOT Response to US Fish & Wildlife Concerns ( 12/31/90) �. Proposed 401 Certification to U. S. Army Corp of Engineers NC DOT Project for Fill of Wetlands Pigeon River at NC Hwy 215/Can.ton, NC Haywood County t Subject NCDOT response to the US Army COE addressing US Fish and Wildlife (USFW) concerns has been reviewed in ARO. It does not satisfy ARO objections to this project in that it only reiterates that DOT' s reason for proposing this encroachment is the presence of a steep embankment and railroad on east side of NC Hwy 215, making encroachment the only practical consideration. An on-site inspection conducted f 12/10/90 and related in our initial comments of 12/12/90 showed commercial development on the opposite side of the road without presence of the embankment/railroad. To resolve this concern and prior to any change in the ARO position in this matter, it is recommended that DOT Y provide an enlarged topo of the proposed area highlighting the embankment, railroad, and construction/encroachment area. If questions still remain, an on-site conference wi.tb all representatives present would be advisable. Regarding USFW concerns, DOT places justification for proposing this project' s encroachment into the Pigeon River (approximately 960 feet Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 •Telephone 704251-6208 An Equal Opportunity Affirmative Action Fmnlover Page 2 January 16, 1991 along NC Hwy 215) on a cross sectional determination that reportedly shows only minimal encroachment with little other effect; a 3 foot constriction and a 3 foot widening below the ordinary high water mark as opposed to the 23 foot encroachment identified by the COE public notice. Results of stream velocity calculations indicating no appreciable increase during high water conditions as well as a study by DOT concluding that no federally endangered species were found are also recounted as support for this proposal . We anticipate that USFW will ask DOT for actual "stream velocity" calculations and the "endangered species" study. We also would like to review this material in relation to the Champion International water pollution control program. Should you have questions or wish to discuss this memo in more detail, please advise. i I RW E C C I V E D JA State of North Carolina Ashe0le Rezftr� Office Department of Environment, Health, and Natural Resour�'ces�e' North Car�9ln� Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G.Martin,Govemor George T.Everett,Ph.D. William W.Cobey,Jr.,Secretary erector January 8, 1991 MEMORANDUM TO: John Parker FROM:; Bill Mills " SUBJECT: Corps of Engineers Public Notice Richard D., Jennings Haywood, Co ty� : E The Subae' vigwed' for water quality impacts and. o€€ere .rY b 1 a) Enviranm � - P r e project which have already occurred probably ould only e4tade worse by-requiring restoration of the` fill at this time." ' We have decided to issue the Water Quality Certification. The 'operation of the facility. is not expected to create violations of water quality standards if the facility operates in conformity with the NPDES Permit for this facility. b) It is recommended that the Corps be advised that a public hearing should be held on this project prior to any final Corps action on the 404 permit to allow an opportunity for those persons who have filed petitions and other objections on the permit issuance to state their concerns about the impacts of the project. We also recommend that the Corps take enforcement action against Jennings Trout Farm for filling without a permit. We do not have any objection to the Corps issuance of the permit. cc: orrest Westall Pollution Prevention Pays P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-7015 SIVE State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street Raleigh, North Carolina 27611 James G.Martin,Govemor George I Everett,Ph.D. William W.Cobey,Jr.,Secretary Director January 8, 1991 Mr. Richard D. Jennings DBA Jennings Trout Farm Route 3 , Box 513 Canton, North Carolina 28716 Dear Mr. Jennings Subject: Certification Pursuant to Section 401 of the Federal Clean Wes` � ,_ Fill in a e o I;ittle :East For Pigeon` Riverh Jenni RidY Haywb. , Attached here., Fey" wo E2) cop3:esaoCert issued to Richarc D: ,J'ennings" dated` January If we can be of further assistance, do not hesitate to contact us. Sincerely, George T. Everett Director Attachments cc: W- mington District Corps of Engineers sheville Regional Office Mr. William Mills Mr. John Parker Polludon Prevendon Pays P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-7015 NORTH CAROLINA HAYWOOD COUNTY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Richard D. Jennings (DBA Jennings Trout Farm pursuant to an application filed on the 6th day of November, 1990 to retain fill material that has been placed into Little East Fork Pigeon River. The Application provides adequate assurance that the discharge of fill material into the waters of Little East Fork Pigeon River in conjunction with the proposed trout rearing facility in Haywood County will not result in a violation of applicable Water Quality' Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate "Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That,the activity, be conducted in such a manner as y .: to prevent significant increase in turbidity istructiob. or construction r uses such that the fi 10 NTUEs or less are not` c"o ed "^signs ant ' ^ v k1 2. That' the wastewater discharges from the operations of the 'trout rearing facilities shall comply with the limitations and other requirements of the NPDES Permit for this facility. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 8th day of January, 1991 . DIVISION OF ENVIRONMENTAL MANAGEMENT k4&4ehkJ& eorge T. Everett, Director WQC# 2553 Y C i a -7ennirrys �Sztnhurst �Irout Com a j' p r4 AA 03, Box 513 CANTON, NORTH CAROLINA 28716 (704) 648-3010 • (704) 648-3012 FAX (704) 648-9279 November 5 , 19.90 Re: letter from G. Wayne Wright, Oct. 30, 1990; File No. CESAW-0091-N-044-0032 RE C, E I V E Water Quality Sep; i0rr Mr. William Mills Division of Environmental Management 01090 P. 0. Box 27687 Raleigh, NC 27611-7687 �@ Ashevil!a Pepional Office Dear Mr. Mills : ,Asheville, North Carolina We have constructed three trout rearing ponds on the Little East Fork of the Pigeon River in Haywood County. We have applied for a permit "after the fact" from the U. S. Army Corps of Engineers for this project. We chose the land in question because it is very close to our main growing out .facility, and the processing plant that is associa- ted with it. Thereby, ordinary care and supervision is low cost. We also elected this site because the water flow was more than adequate, and the land was rentable for a reasonable price. A dam to divert the water was not acceptable relative to fish migration, so a concrete plenum 10' wide was built projecting 6 ' into the natural stream bed. This plenum is screened on top with a horizontal screen 22 ' x 10' . We propose to divert water over the screen by laying two highway medians on their sides in the creek gravel, thus minimizing any disturbances of soil and gravel. The berm that now extends 10 '± into the natural river bed and runs with the river for a distance of 322 ' was rtotl!"originally planned and was done without my orders ; however, in the final analysis , after three periods of high water, there is no apparent erosion on &ither side of the river. Rip rap was used along with river rock for stability. We reviewed other sites : A. ) Above Lake Logan - Champion International would not go along with it. That is upstream. B. ) We have already built a site four miles downstream. We don' t see a site for another - one prerequisite is 3 ' drop every 100' approximately. ftnnl 7gS Sunburst (Trout Company RT. #3, Box 513 CANTON, NORTH CAROLINA 28716 (704) 648-301 O • (704) 648-3012 FAX (704) 648-9279 Page Two - Mr. William Mills C. ) The Little East Fork has generally steep or rocky banks , thus limiting sites for trout rearing ponds. Since Richard C. Jennings , Jr. Proprie r RGJ/sce cc: Corps of Engineers , Wilmington, NC Robert W. Johnson, Corps of Engineers , Asheville, NC - — d e STA7F yam. ,z o_,M , State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street ! Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary January 25, 1991 Dr. G. Wayne Wright �:, Corps of Engineers 1 P. 0. Box 1890 Wilmington, NC 28402 Regional - Dear Dr. Wright• a1ta In keeping with your request, this office has circulated to interested state review agencies U. S. Army Corps of Engineers Public Notice . . . . 0032 dated November_. 1, 1990 which describes project activity carried out by Mr. Richard D. Jennings, DBA Jennings Trout Farm of Canton. Mr. Jennings seeks an after-the-fact permit for this activity which involved stream-side fill and preparation for water intake structures. The project is located on the Little East Fork Pigeon River, 12 miles south of Canton, in Haywood County. Based on a coordinated agency review, the state will not oppose issuance of a permit for the activity. However, due to concern expressed by key agencies, restoration of instream fill as well as water management is ,recommended. Comments of these agencies follow: Division of Water Resources - can agree with project authorization contingent upon: 1) That all fill material placed in the channel be removed before further work on the project proceeds. The stream banks should be restored to their natural contour and revegetated. 2) That withdrawal's by the. project from Little East Fork Pigeon River will be regulated such that flows in the bypassed stream reach are equal to or greater than 6.5 cubic feet per second (cfs). During dry periods when the entire flow of the creek is less than 6.5 cfs, no withdrawals by the project will be permitted. 3) That a calibrated staff gage or other suitable measuring device be installed in the bypassed stream reach to show the amount of flow. This gage should be operational before withdrawals are initiated and drawings and specifications for this device should be submitted to this Division prior to project completion. RECEIVED wa't.cr Quality Section P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 An Equal Opportunity Affirmative Action Employer 'hShaville Regional d ftf � i 'slltt9 worth COON i Dr. G. Wayne Wright Page 2 January 25, 1991 Wildlife Resources Commission - recommends fill be removed and following management conditions be applied through any permit issued: 1) Stringent erosion control measures should be implemented where soil is disturbed and maintained until- the project site has been stabilized. 2) Residual flow in the stream below the point of water withdrawal supplying a fish propagation facility must be of sufficient magnitude to prevent . destruction or serious* dimunition of downstream fishery habitat. Under no conditions may the entire flow of a watercourse be diverted to §apply a fish propagation facility. 3) Native vegetation lush as willow, river birch, and wetland grasses should be planted along the stream and on unvegetated areas for stabilization. This should be completed within 15 working days of project completion. Division of Environmental Management - in addition to issuing Section 401 Water Qua! ty Certification No. 2553 on January 3, 1991, DEM recommends that the Corps provide an opportunity for area citizens objecting to the project through the state review have an opportunity to be heard in a public hearing prior to permit action. It should be noted that the position of DEM concerning fill removal is that this would increase short term turbidity. DEM, .however, in a telephone discussion of January 24 reports it would not object 'to fill removal. Finally from DEM, an NPDES permit is required for trout farm operation. 1, is requested that the applicant be so notified. Should you require additional input from the state on this matter, do not hesitate to contact this office or the commenting agencies. Very sincerely, Yam-. � , ' John Parker, Jr. Inland '404 Coordinator JRP:Jr/aw cc: Division of Water Resources Wildlife Resources Commission Division of Environmental Management(/ Corps of Engineers, Asheville ARC Pollution from Fish Farms lW''f Q!! _ �r; By J. G. JOKES. BSc NISI. CChem. NIChem? , FRSC (,Member)* aBSTR.ACT Considerable damage improperly-managed intensive _ units can cause to other%cater users.This damage can be +ffirg Fish farms are continuing to grow in numbers and in exacerbated through o%er-abstraciion of river seater. t;itf}v `it;, NGf ti Carolina size. They cause concern because of their location in ie,n'ine the residual flow in the river too low to areas of high-quality water_ frequently in the head- adequately protect aquatic life or provide dilution for waters where there is little dilution for large volumes the resulling effluent containim; fish faeces. excess fish of effluent. This jeopardizes the water quality. and oud:and sometimes potentially harmful chemical formu- may affect the ecologv of the river-migratory fish in `a`aons. particular. The water authorities consider that this unsatis- The use of chemicals for the treatment of disease factors situation at some farms has stemmed from is causing concern. particularly if the river is used for present inadequate legislative control. Fish potable abstraction. Little information is a%aiiahle tarns producing food for the tally are exempt from on the 10 -level effects and the detection of normal planning controls and abstraction licensing. chemicals such as antibiotics and 'hormones. The e-en if this means completely drying up short chemicals are not controlled nationally, the only stretches of river systems. The water authorities control being through consents. have therefore welcomed the announcement from \Aith the continued growth of the fish-farm the Government of its intention to extend water industry. problems are likely to increase in the aostraction licensing for such fish farms. future unless a responsible attitude to their develop- ment is adopted. FISH FARMING IN WESSEX REGION Key words: Development: pollution:abstraction:dilution: chemicals; disease: environment: control: le_islation. i-,e commercial farmin-, of rainbow trout involves t%,.o basic processes, i.e.. hatching and rearing of INTRODtCTION %oun2 fry to'table'size. Most trout rearin=is carried out either in earth-dug ponds or fibreglass tanks. Fish-farming development can have an effect on the %\ater supply may be derived from rivers. springs or environment and, in particular. on a watercourse. A groundwater, and feedin_Q is usually based on high- recent joint publication' contains the following protein dried-food diets. refcrence•co itS1a lutiiilai_: Although in 1973 the �:K had the sixth largest The Government has announced its intention of extend- trout-farming industry in Western Europe. this ing water abstraction licensing by water authorities represented only 6°b of the total Western European under the Water Resources Act 1963 to fish farms trout production; France. Italy and Denmark rearing fish for the table. This will allow-water authori- together produced 659b. Between 1976 and 19S1, ties to exercise greater control over river flow and will however, the 'table' trout industry in the UK supplement existing requirements for all inland fish increased by 330%, with most of the increased farms to obtain discharge consents under the Control of production in England taking place in waters Pollution Act 197a. derived from the chalk ridge which runs from The report. in summarizing the water authorities' Yorkshire to Wessex'. This expansion has mainly comments on various aspec.s of pollution, from farm taken place in the :Ireas of fni,r a= t,,r ,,,rhnr;r; :• wastes. states that Yorkshire, Thames. Southern and Wessex. There are 55 fish fatiw, it, tDC `�.caac•s icgiotl, Gi Pollution arising from fish farmin, has not been con tick 17 are in the catchment of one major river'. sidered in previous reports. The Wessex. V,'clsh and J Yorkshire Water Authorities have reported serious Large fish farms can require over 150 N[Uday of problems associated with fish-farmin; activities. The,, high-quality water which becomes contaminated by have pointed out that. although the number of reported the waste products of fish and excess fish food. The pollution incidents is very small.they may not reflect the treatment of such large volumes of dilute waste, produced by a typical fish farm, can give rise to This paper was presented for discu-ion at the institution,Annual puicntial on-site treatment problems. In addition, Svrnpo,ium on A,riculurrr and the?,indrnnm this held in York (in ,t_„ •.larch iy y the abstraction of a large proportion of river flow not only removes the d%ailab!e dilution in the main Head of Scientific Scrviccs. \cs e. Water river but leads to obstruction in the movement of e ki :a and coarse hsh fry in the fish farm. Thev also showed that for each tonne of trout The S `^ rrn Division of %Vc-"'ex Water is prod[ "T\per annum. the ammonia load was equiva- particul Ir , ll[able for the production of rainbow lent tc.;_.at from a sewage works serving 122 people, trout. It contains clear, well-oxygenated rivers and the suspended solids load was equivalent to the which are often derived from chalk springs. The output from 859 persons. It was noted that the temperature conditions in the South of England and discharge from a fish farm in terms of-BOD or the alkaline river waters are believed by fish farmers suspended solids could be equal to the output of to be important for the rapid rearing of trout. Also treated wastes From 'a sizeable town'. Using these the close proximity to markets make rivers such as figures. a production of 1000 tonnes of trout each the Hampshire .Avon attractive for trout farming. year would give a BOD load equivalent to that The Anon catchment has seen a dramatic increase produced by the treated effluent from a town of over in the number of trout farms which it supports, and 300000 people or the untreated sewage from 20000 probably now produces more trout than anv other inhabitants'. Emslish river catchment. More large farms are planned for this river, which in its middle reaches. between Salisbury_ and Christchurch, supports three FISH DtsEAses large fish farms whose combined rainbow trout There is uncertainty and concern about whether production exceeds 1000 tonnes per annum. fish-disease outbreaks at fish farms can affect wild Following wowing concern about the pollution of =sh stocks in-. rivers. A study group which has rivers caused by fish farms. in 19S2 the National examined this problem concluded. that wild trout Water Council and National Farmers Union set up a populations could become infected with the infec- workinQ party with the main objectives of improving tious pancreatic necrosis (INN) virus escaping from the operation of fish farms and attaining a common an infected fish farm. It is possible that the approach to setting consent conditions for fish combination of stress(caused by fish-farm pollution) farms. The working party successfully completed its and the exposure to high concentrations of disease work towards the end of 1983. and the agreed agents(released from infected fish farms)could lead findings resulted in a Code of Practice. The recom- to disease outbreaks in wild stocks. ",tore evidence is mendations go a long kav to ensuring that existing urgently needed. fish farms are properly managed so that many of the previous problems, such as dzsludgin_g of ponds into j the riser. do not occur. However. there were a CHEMICALS USED IN FISH FARMING number of major points %Oich such a working party The use of chemicals on fish farms is another area was in no position to determine. These include ,%here concern has been expressed.particularly with control over abstraction and the safety of chemicals respect to the use of antibiotics and antibacterial Which are available for use by fish farmers. agents. Ho\�eyer, the methods of anaivsis for measuring these substances are not readily avail- able. Three potential problem areas have begin POLLUTION FROM FISH-F_aR>IING identified. namel (a) their mutagenicity. (b) !heir j ACTIVITIES ability to produce allergic responses, and (c) the 1 poss!DI!Ity pf the development of resistant strains of The major pollutants released from fish farms are micro-organisms. derived from unconsumed food and faecal wastes from the fish. The effluent from fish farms contains organic material which exerts a biochemical oxvgen 1 SES OF HAMPSHIRE Aso-, demand (BOD) on the riser water. In addition. it In addition to fish Farming. the Riser Avon is will contain ammonia and suspended solids. These extensively used as a source of water for pubiic are the constituents which have to be controlled in water supply. The possible effect of traces of these any discharge of sewage effluent. It may be useful, chemicals in water supply raises the question as to. therefore, to compare the pollution load of effluents what concentrations of these substances are.acceDt- from fish farms with those from sewage-treatment able, and how they are to be determined.Therefore- works. more investigative work on this subject is required. In France it has been calculated that one tonne of At present the !Nfinistry of Agriculture. Fisheries trout on a fish farm can produce a pollution load and Food is conducting work in this area. and their equivalent to the treated sewage effluent produced results are awaited with interest. by 200-500 people'. In 19S2. from a comprehensive The Department of the EnvironmentDepartment survey of UK fish farms.staff of the Water Research of Health and Social Security Joint Committee on Centre calculated that the BOD for each tonne of Medical Aspects of Water Quality has been con- trout produced per annum was equivalent to that in sulted about the use of antibiotics and other the effluent from a se%vage-treatment works serving chemicals at fish farms. Thee have expressed an 1JVVEA1, 1990.4, February. 15 1GNES ON interest i'f�lestigatin«the probiem in greater deiail .'eam 0.17 ma 1. This effect is evident and are oe fie provided -ith further information. .hen fish farms to :he We,;e.x region are examined. In the Wessex Water region, Owners of fisheries River-%rater samples take downstream from a fish downstream from fish *arms have Otte❑ complained farm on the River consistently shoe, about the escape of small rainbow trout and their increased le.za of amm. "%'effect on the balance of fish stocks. and thus the the NWT- lass filch frzquentl} exceed uality of their fishing. I C C lA. 9� percentile limit of 6.4 M. q _ n particular. on the River Be!ow fish *arms in «'zsszx «Lief s region. there Wylve (a tributary of the Avon)• escaped rainbow is normaily a reduction the dissolved oxygen trout from an upstream nsh farm have consistently evoked ccmplainis frOri the downstream fisher% resppiirationcoft he fish and :yetox`:gcaused by the owners who claim that the natural brown trout their %%aste products. -_en demands of fishery has been badly affected'. IF oducts. Sore"s survey of UK fish A recent independent study. carried ouc b% the rms" recorded an avera_2z decrzase in DO of 1.6 Freshwater Biological A,sociation on the HLmD- is com,monl%1_11 se of fish -; in ��'essex, this ficure shire Avon to assess tie fish populations dok%n' - Ri%z--water::uality de:e-:jration below fish farms stream from a major nsh farm, was unable to at present Onlr affects a ':i-:red Iength of river with support the view that lame numbers of escapees of respect to chemical and :;_logical criteria. How- rainbow trout were present. In fact, not a single z,.e.. the fut_.e develo-_-znts which are brine escapee.was caught. cussed couic be adverse -�rfected unless a major There a high propor:ion of the flow in a large chan<<e occurs in the treat river is diverted into a fish *arm. the drag of water is place on fish farms, processes which :arie likeh to lead downstream mi2ratin_ ,Limon smolis recent sur.ey Of fOu' .-ajor fish farms in the into the farm ponds ,%here they could suffer Hampshire .Aeon caichm_7: shored that organic considerable mortalities. It is widely agreed that it is solids and sometimes ;ztragt fungus were pre-sent vers to immedi difficult to efficiently ;ence' or block riately below the fish :arms and in all cases movement of fish, and g consequently this possible the mac,-o-ime^ebrate fau-a of the flyer bed was loss of youn salmon is now gn ing cause for affected because it contair.e_ more pollution-toier- concern. At present no easy or inexpensive answers ant or__,snisms. The follorin= ,tatements list some of to the problem appear to be avaiiable. the effects whic have bee--, fed in recent surreys: Work carried out by the Wessex Water Fisheries staff. in conjunction wiii staff at the Trafaiear Fish Farm A Fisheries at Longford. has assisted in developing A great de_th of silt c posited in the io,.et techniques to reduce the numbers of fry which have reaches Of efflux-tt channel- 3iological examination become trapped in the nsh farm. showed a smaii effect on : life which extended about �iM m downstream. ENVIRONNIENTAL IMPACT OF FISH FARMS Fish Farm B on Hampshire Tr;^L'iari n`< n: hC I-Ia.:,�s-tire .Avon. into %vh!ch In managing the water quality of rivers. Wessex fish ,`arm effluent is discha-_ed• show a signincant Water has used the qua!itr criteria of the National effect on the ecoiogv - ;, Water Council i the community of (NWC) aver classification to set animals in these channels being dominated by lone,term river water quality objectives. In particu- `,seilus and chironomids. _,e channels contain a Jar. to the long term almost all the Hampshire Avon thick iarer of grz,,ish organic material with a prolific and its tributaries are to be maintained as a Class ]A growth of sewag- fungus in c-;e channel.and there is river. Evidence is unfolding that below some fish an obser%able z?feet on fire- -ife immediately below farms this classification is not being met. the point where the efflue channels rejoin the A Water Research Centre (WRc) report" noted main river. The river returns to normal I km that data from a range of fish farms showed an downstream. average increase in river water BOD through a fish farm of 1.5 m&l. This has also been confirmed in Fish Farm C on Hampshire Ayon examination of data from fish farms in the Wessex An effect on the aquatic life of the river was Water region. Also, an examination of the quarterly evident for ahout O.i km do%. nstream. average BOD concentrations in rivers above and In a„C,sing the impact of.^:.,h farms on the aquatic below fish farms frequently shows a significant life of a ricer_frequent use i,made of a 'biotic score' increase in BOD below the fish farm,. It is this type system which is designed �o that the pollution of water-quality impact which gives cause for toles ancz of the animals in :_e river life community concern. particularly where it is nccessary to main- can he described numerically For example. leeches fain a Class lA river. and midge larvae score Iou whilst mayflies and The WRc report"found :hat, on avera_,e. UK fish Sttoneflie, score hi_ which was h. Using :he system farms increased the concentration of amm.N devised for the IgFO national VWC River Quality tF ' . -..-.._.... Survey(known as the B.MWP,core sr,tcm). a,tudv This would deprive the flow in the eastern branch of of the ent s,River Aeon was carried out. Fish the ?� iea%mm_ inadequate dilution for the farms. sew, a,�'reacmcnt works and a few industrial effluen°c , om a se %aye treatment works. The quality discharges all disrart'_ing to various parts of the of the aver downstream would deteriorate. and river, are controlled b% zxistin2 legislation. How- there is little that the Authoritv could have done to ever. the onr foreseeahle major increase in effluent prevent this happening. Fortunately, the proposed disrar_es will be that from fish farms. With the development was rejected for an alternative site proposed future development in fish farming. even where the same problems exist but to a smaller with stringent consent conditions. it is probable that degree. A ne,.v fish farm was opened in late 1983. dischar_es will result in a deterioration of the but the owner is proposing further expansion. biological and chemical quake} of the Hampshire therefore problems may vet arise both from the Avon over an increasing stretch. Therefore more conflict on river flows and the additional organic stringent controls are needed. load on the river. When the Water Resources Act was implemented in 1963.all agricultural abstractions from rivers were RIVER FLOWS AND FISH FARMING exempted from abstraction licence controls, except spray irrigation w hich was put under control because Fish farms producing fish for the table (which of the potential impact on rivers. The fish-farming includes most fish farms) are classified as agricul- industry was almost non-existent at the time and was rural units and. as such. are normalr exempt from not considered in the Act. During the last twenty Licence control on river abstractions. Because fish fi%e years the, has been a major charge• and fish farms use large quantities of%vater. without effective farming is now an important and rapidly-growing control of volumes abstracted. there is the potential industrv. Them are rood reasons for such develop- to cause serious problems in rivers. meats to be co%ered by licences. which would help A fish farmer could abstract the %%hole of the river to avoid conflicts with other river users and prevent flow between his inlet and outlet- leaving a river serious changes to river ecology. Therefore it is with virtually no flow, e.g. on rivers such as the important to the environment that the Govern- Hampshire Ayon where there are many channels ment's proposals to extend abstraction licences to urzi mil!sire ams controlled b� hatches. Flows can be include fish far-s are carried to fruition. diverted down one channel to suppl% a fish farm - substantially reducing flows in Para{Iel channels. These changes can seriously disrupt aquatic life in the river and. whet,- the majorir% of the flow passes CONCLUSIONS through a fish farm, it could present a barrier to. migratory movements of salmonid and coarse hsh. L Evidence i:dicates that. where the volume of The lengths of the river over which flows are discharge Ls a high proportion of the flow affected are likely to become unsuitable s.mmning downstream. fish farms have a significant effect areas for migratory fish. as there would not be the on the the-:cal and biological quality of the river flow to keep the spawning beds dean. receiving wa'ercourse for a limited distance Already. several farms abstract the majority of downstream, the drv-weather flow of the river. and. with con- _. This situation might be accepted for a few fish tinued expansion of existing units and the establish- farms whir _re well separated along a river. On merit of new farms. the situation will become more some riverssh farms are being developed in difficult ". One farm on the Hampshire Aron close proxinm:% to one another. and this may abstracts about 70% of the average summer dry- affect the quality of grater o%er significant weather flow. which is more than the minimum stretches of r; er. recorded flow. As a result, there are about km of 3. The existing legislation is satisfactory for the ithe river channel which can have a severer•depleted control of water pollution from normal dis- riyer flow during the summer and autumn. charges. Fisk-farm effluents can be difficult to At one point. the river is divided 'between three control because of the small dilution with cicu. main channels, with the flows to each controlled by water and because they are often discharged to hatches.There were proposals to establish a fish farm high-quality rivers where a relatively small with an initial abstraction of 90 `lUcl, from the main deterioration ,rill result in downQrading' channel just below one of the sets of hatches. with 4. The absence of control of the amount-of water control of the hatches being exercised b% the fish abstracted b% 2 fish farmer will result in lengths of farmer. The 9= percentile low flow of the Aron at the best-qualit,, rivers haying significant changes this point is 3_2; NfUcl, with a minimum recorded to their ri%e- flows. and this must have a flow of 15-1 MUd. In order for the fish farmer to deleterious eject on the ecology: of these rivers. operate during the summer. he would have had to This condition is likeiv to adversely affect migra- divert most of the river flow towards his fish farm. ton fish and. :aopefully will soon be rectified. I.IWE.M. 199o, 3. F:brujr, 17 POLLUTION FROM FISH FARMS 5. Some he chemicals which are used by fish REFERENCES farmers could cause concern :o downstream eater users and. in particular, abstractors for U^rER AUTHORITIES Associ.krtoN a p \ltvts;public realer supply. The control exerted at rt RE.FISHERIES.W pF <;RICCL- Fppp. (Valet Prl//u1t0/:j.'a H,,=r,r1 It%L•SIC Present on the use of these chemicals does not l E,reio„d ana lt'aies. 19X;. LE�Is.Ni. R. Ratnoow trnwc pruducuon and marketing.,oisc. appear to take account of do,,tnstresm water use. Stud% o. 6e. Dcpanmcm of Agriculture AL t'oluntar \larkcting and `: agreement sche;-: such as the Economics. Lmscrsity of Reading. 19S0. Pesticides Safety Precautions Scheme, where �EEDH .w. T- Trout farming in the _ UK - :^c •sac ahead. the properties of new chemicals are investigated Str„posuan o„ Curru„ercfai Trout Farn,t/,r. Immure of Fisheries Manaement. Reading Universit% April _9S=. before their use IS agreed. could userull-v be 1 WESSEX V ATER. An appraisal of the effect Of -isn :a.^ing tin extended to include chemicals used by fish ri\er qualitn in \\csscx. Fcbruarn 198-. farmers. ?. FAURE. A. ,xiise au point fur la pollution gcndrec par Ics p»cwures. P:sCtartture. 1979. 13. 6. SUt3E. J. F. The nature ant: CItCCIS of 3sh farm e!hucn15. Si/npusrun, o/, Caavncnral Troru F9rIn.Y:_. lrs;itutc of Fineries Managcmcat. Rcauing7. lnnc;sitc. �pni :�s_. ALL..N. 1. R. P. Rcpurt to the Test and ac-r.. Fisn,n2 A,soc!ar,on un i,cud•:of the impacts of:iiA _ on the ri,hcric, and :i>ntm_ in the Rivcrs Test and ;r;nc.ACKNOWLEDGEMENTS htrC. Cu/,5ultuni% Report. S D,,;Ls.R..Aml-pullutiun tan;could uipe out'^_!( ,rcucc.-s. f;lit ,`ironer. !9-i.Jan. This pane;has been prepared from sa 01-:1 rcpetr(s,paoer> tt dRhx-!iaaz..I.Fish farms are ha,in,-,:c` ; _.r.caste, and ur.ecc Carncd out b%. s(att. past _nd present, UI F,,h ^urrnrr Sept.. l�—=,1. %%e A cop ;?i the diseusiwr,H,i.^.l>paper.and a cope of:.%;uil Ton sse.x \later. The ciccvs expressed here. do not nccess- of the proceeding,. :an be obtained from m,: Institution's atilt reflect he viers of the uthorit licadauartcn. c Is -- luu, a March 23 , 1990 NPDES STAFF REPORT AND RECOMMENDATIONS Haywood County NPDES Permit No . NC0078662 PART I - GENERAL INFORMATION 1 . Facility and Address : Jennings-Sunburst Trout farm Lake Logan Road , NC Hwy 215 Canton , North Carolina Mailing : Route 3 Box 513 Canton , North Carolina 28716 2 . Date of Investigation : September 26 , 1989 3. Report Prepared By: Max L . Haner 4 . Persons Contacted and Telephone Number : Richard Jennings (704) 648-3010 5 . Directions to Site : Site A of the existing facility is located adjacent to NC Hwy 215, approximately 5 . 3 miles south of its intersection with US Hwy 276 , south of Canton , N. C. , and immediately downstream (north) of the Lake Logan dam , Haywood County. Site B is located adjacent (North) to the intersection of NC Hwy 215 and NCSR 1111 , approximately 2 . 6 miles north of Site A, behind Riverside Church , Haywood County. 6 . Discharge Points : Site A - Latitude : 35 25 54 North Longitude : 82 55 26 West Site B - Latitude : 35 27 42 North Longitude : 82 54 02 West Attached is a USGS Map Extract indicating the treatment plant site and discharge point on map . USGS Quad No . or USGS Quad NameWaynesville , NC 7. Size (land available for expansion and upgrading) : Site A- 11 acres Site B-22 acres 8 . Topography ( relationship to flood plain included) : Not in Flood Plain 9 . Location of nearest dwelling : N/A 10 . Receiving stream or affected surface waters : West Fork Pigeon River (Site A, B) a . Classifications : "WS- III Trout" b . River Basin and Subbasin No . : French Broad Basin / 040305 C . Describe receiving stream features and pertinent downstream uses : Pigeon River is used as water supply for the Town of Canton PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1 . Type of wastewater : 0% Domestic 100% Industrial a . Volume of Wastewater : Flow Rate - Site A - 12 , 000 gpm Site B - 18 , 000 gpm b . Types and quantities of industrial wastewater : Trout Farm C . Prevalent toxic constituents in wastewater : N/A d . Pretreatment Program (POTWs only) N/A in development approved should be required not needed 2 . Production rate (industrial discharges) in pounds : 500 , 000 lbs/yr a . highest month in the last 12 months b . highest year in last 5 years 3 . Description of industrial process ( for industries only) and N/A applicable CFR Part and Subpart : 4 . Type of treatment (specify whether proposed or existing) : Existing trout farm occupies two sites referenced in this report as Sites A & B . Both sites discharge from trout rearing ponds to the West Fork Pigeon River . 5 . Sludge handling and disposal scheme : Manure from ponds land applied on Site B . 6 . Treatment plant classification : N/A 7 . SIC Code : 0921 Wastewater Code : 29 PART III - OTHER PERTINENT INFORMATION I . Is this facility being constructed with Construction Grants Funds (municipals only) ? 2 . Special monitoring requests : 3 . Additional effluent limits requests : 4 . Other : PART IV - EVALUATION AND RECOMMENDATIONS: Jennings-Sunburst Trout Farm has submitted the Division Trout Farm Questionaire indicating that the facility was producing more than 20 , 000 pounds per year and feeding more than 5,000 pounds of feed in the maximum month of feeding . This level requires issuance of a NPDES Permit . It is recommended that a permit be drafted for this operation in accordance with trout farm Permitting procedures previously developed . Considering that this farm exists at two locations (sites A&B) under the same ownership , it is recommended that a single permit be issued with discharges 001 & '002, respectively. Also , it is intended for all trout farm permits to be issued at the same time scheduled for later this year . f—� Sig at4 tire of Report Preparer Water Qualit Regional Supervisor Ewe,° ;Ashe�ri'I E�'e '=nai 0ffive State of North Carolina ,Asheville, North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street •=Raleigh, North Carolina 27611 James G. Martin, Governor 3/1/90 George T. Everett, Ph.D. William W Cobey, Jr., Secretary Director Mr. Richard G. Jennings Box 513, Rt. 3 Subject : NPDES Permit Application Canton, NC 28716 NPDES Permit No .NC0078662 Jennings - Sunburst Trout Farm Dear Mr. Jennings Haywood County This is to acknowledge receipt of the following documents on March 1, 1990: Application Form Engineering Proposal (for proposed control facilities) , Request for permit renewal, Application Processing Fee of , Other , The items checked below are needed before review can begin : Application Form , Engineering proposal (see attachment) , Application Processing Fee of , Delegation of Authority (see attached) Biocide Sheet (see attached) Other If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete . This application has been assigned to Mack Wiggins ( 919/733-5083) of our Permits Unit for review. You wiii be advised ot any comments recommendations, questions or other information necessary for the review of the application . I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge . If you have any questions regarding this applications, please contact the review person listed above. Sincerely, CC : Asheville Regional Office M. Dale Over,(-,ash, P .E . Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmadve Action Employer N 00�8662-- NORTH CA NA DEPARTMENT ROLI T 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 applicant: / 2. Mailing Add Jess Street, Route, or P.O. Box No. City of Town County za. k State /Vc Zip Code j 3 . Telephone number 4. Name of facility 5 . Ownership (check one) a. Government -04 t b. Private C. Both Government and private 6. Is this facility ocated on tribal lands? Yes No 7 . Is this facility (check one) a. Existing b. Proposed 8 . Date facility was or will be constructed. (mo/yr) 9. Location of facility ? a. City/Town (as applicable) b. County ( 0� r fi`< l� 10 . Give directions to this facility from the nearest Town (use road numbers and mileage between points) Trout Farm Questionnaire/Application Page Two of Three 11. Attach a sketch or map (e.g. County Map or U.S. Geological Survey Topographic Map) of the existing or proposed .000 facility with the following information marked: '-'*_ 1, A`��' '.Jr a. Approximate overall dimensions of the facility! I Z v b. Direction and location of surface drainage and other >~ k discharges from the facility. � '�{ ���� 1z-- c c. General location of streams in the area. d. Location of area for manure disposal. C'� ;� °'"` e. Discharge location. %` ` `" `� '4 ` 4 12. Name of stream receiving discharge7 I f 13 . Which type of system( s) do you use? (check one or more) a. Ponds b. Raceways C. Water recycling d. Oxygen injection e. Mechanical aeration Iva 14 . Describe your manure management system . (e.g. direct discharge or land application method, frequency of application, acres available, collection system, storage capacity, etc. ) k� C 15 . Do you know of othe. trout farms which use the same stream? Yes No J If- yes list name of facilities �j "" a 16 . What is the es mated lo. flow of the receiving stream < IYE 'S )7 , gallons per minute 17 . What is the estimated discharge flow rate to the receiving stream? i low to high range. 'Ui-l �, - r n gallons per minute 18 . Is there a disc hdrrge from the facility at least 30 days per year? Yes No 19 . How much trout is produced per year? O tea poun,6s per year � v Trout Farm Questionnaire/Application Page Three of Three 20 . What is the estimated total production capacity of the facility after any proposed expansions? �-- pounds per year Date of proposed expansion (mo/yr) V_ 21. Do you feed,more than_5 ,000 pounds of feed during the calendar onth of maximum feeding? Yes No 22 . Do you pro trout for sale at this facility? Yes No If yes, please describe how you handle the processing wastewater. 23 . Have you ever applied for a state water pollution control permit (NPDES permit) for this facility? Yes No h 24 . If a state water pollution control permit for this facility has been issued, give date and permit number. a. Date of issuance (mo/dy/yr) b. Permit number r.: 25. Have you received, from alevel of government, written notice of complaint per ining to water pollution from this facility? Yes No I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such inf xmation is true, complete, and accurate. am p rson signing Title Prrinn Signature of , ppl cant Date application signed If you have questions, please contact the Division of Environmental Management, Water Quality Section in Asheville at 704-251-6208 , in Winston-Salem at 919-761-2013 or is Raleigh at 919-733-5083 . I I � � y ' . eau j� l ��� )i� ���A'.I') � ✓�� ����� � 1` � � -ram'' �` !"�` Ili �i � l � i r"-� -�/�; �� J -r-� \v �`+ ` .:.•� (_ �, ;° / � � / �-�-' iT i RH j/ AA1 -a%Vl Ut/ N C, rL)PC' State of North Carolina Department of Environment, Health and Natural Resources Ki7 Division of Environmental Management James B. Hunt, Jr., Governor _ LA�� . A Oak Jonathan B. Howes, Secretary ® G A. Preston Howard, Jr., P.E., Director September 30,1993 RICHARD D. JENNINGS JENNINGS-SUNBURST TROUT FARM BOX 513,ROUTE 3 CANTON NC 28716 Subject: JENNINGS-SUNBURST TROUT FARM Certificate of Coverage NCG530065 General Permit NCG530000 Formerly NPDES Permit NCO078662 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 NC0078662. This Certificate of Coverage is issued pursuant to the requirements of North Carolina and the US Environmental Protection Agency Memorandum of Agreement dated December 6,1983 and as subsequently amended. a If any parts,measurement frequencies or sampling requirements contained in this general permit are unacceptable to you,you have the right to submit an individual permit application,associated processing fee and letter requesting coverage under an individual permit. Unless such demand is made,this decision shall be final and binding. Please take notice this Certificate of Coverage is not transferable. Part II,EA. addresses the requirements to be followed in case of change of ownership or control of this discharge. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. Construction of any wastewater treatment facilities will require issuance of an Authorization to Construct from this Division. Failure to abide by the requirements contained in this Certificate of Coverage and respective general permit may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. Please note that the general permit does require monitoring in accordance with federal law. The monitoring data is not required to be submitted to the Division unless specifically requested,however,the pennittee is required to maintain all records for a period of at least three (3) years. Post Office Box 29535,Raleigh,North Carolina 27626-0535 Telephone(919)733-5083 FAX(919)733-9919 An Equal Opportunity Affirmative Action Employer 50%recycled-10%post-consumer paper Page 2 RICHARD D. JENNINGS JENNINGS-SUNBURST TROUT FARM Certificate of Coverage No. NCG530065 The issuance of this Certificate of Coverage is an administrative action initiated by the Division of Environmental Management and therefore,no fees are due at this time. In accordance with current rules,there are no annual administrative and compliance monitoring fees for coverage under general permits. The only fee you will be responsible for is a renewal fee at the time of renewal. The current permit expires July 31, 1997. This coverage will remain valid through the duration of the attached general permit. The Division will be responsible for the reissuance of the general permit and at such time,you will be notified of the procedures to follow to continue coverage under the reissued permit. Unless you fail to follow the procedures for continued coverage,you will continue to be permitted to discharge in accordance with the attached general permit. The issuance of this Certificate of Coverage does not preclude the Permittee from complying with any and all statutes,rules,regulations,or ordinances which may be required by the Division of Environmental Management or permits required by the Division of Land Resources,the Coastal Area Management Act or any Federal or Local other governmental permit that may be required. If you have any questions or need additional information regarding this matter,please contact either the Asheville Regional Office,Water Quality Section at telephone number 704/ 251-6208,or a review engineer in the NPDES Group in the Central Office at telephone number 919/733-5083. Sincerely, A.Preston Howa tr.,P.E. cc: Asheville Regional Office Central Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO. NCG530000 CERTIFICATE OF COVERAGE No.NCG530065 TO DISCHARGE SEAFOOD PACKING AND RINSING, FISH FARMS AND SIMILIAR WASTEWATERS UNDER THE NATIONAL POLLUNTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission,and the Federal Water Pollution Control Act, as amended, JENNINGS-SUNBURST TROUT FARM is hereby authorized to discharge seafood packing and rinsing,fish farm or similiar wastewaters from a facility located at JENNINGS-SUNBURST TROUT FARM Haywood County to receiving waters designated as the W.FK PIGEON RVR/FRENCH BROAD RVR BSN in accordance with the effluent limitations,monitoring requirements, and other conditions set forth in Parts I,II, III and IV.of General Permit No. NCG530000 as attached. This certificate of coverage shall become effective November 1, 1993. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day,September 30, 1993. d_-A.Preston Howar , r.,P.E.,Director Division of Environmental Management By Authority of the Environmental Management Commission — _ W?Y�esviiCC �e Ai � I• O o \jj ���./.�v RECEIVED water Quality Section 1q,90 State of North Carolina Asheville 'Regions; offloo Department of Environment, Health, and Natural Resources Asheville, North Carolina Division of Environmental Management 512 North Salisbury Street 9 Raleigh, North Carolina 27611. James G.Mardn,Governor George T.Everett,Ph.D. William W.Cobey,Jr.,Secretary Director December 17, 1990 Mr. Richard D. Jennings Box 513, Route 3 Canton, NC 28716 Subject: Permit No. N00078662 Jennings-Sunburst Trout Farm Haywood County Dear Mr. Jennings: In accordance with your application for discharge permit received on February 26, 1990, we are forwarding herewith the subject State - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215. 1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 11666, Raleigh, North Carolina 27604. Unless such demand is made, this decision shall be final and binding. Please take notice that this permit is not transferable. Part II, E.4 addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Mack Wiggins at telephone number 919/733-5083. Sincerely, Original Signed By Donald Safrit for George T. Everett cc: Mr. Jim Patrick, EPA Pollution Prevention Pays P.O.Box 27.687,Raleigh,North Carolina 27611-7687 Telephone 919-733-7015 An Fni oAl()nnnrh initv Affirmifivp Artinn Frnninver Permit No. NCO078662 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission,and the Federal Water Pollution Control Act,as amended, Mr. Richard G. Jennings is hereby authorized to discharge wastewater from a facility located at Jennings - Sunburst Trout Farm adjacent to NC Hwy 215 &NCSR 1111 north of Lake Logan (site A), Riverside community (site B) Haywood County to receiving waters designated as West Fork Pigeon River in the French Broad River Basin in accordance with effluent limitations,monitoring,requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective December 17, 1990 This permit and the authorization to discharge shall expire at midnight on March 31, 1995 Signed this day December 17, 1990 Original Signed By Donald Safrit for George T. Everett,Director Division of Environmental Management By Authority of the Environmental Management Commission i Permit No. NCO078662 SUPPLEMENT TO PERMIT COVER SHEET Mr. Richard G. Jennings is hereby authorized to: 1. Continue to discharge wastewater from trout rearing ponds at sites A&B located at Jennings- Sunburst Trout Farm,adjacent to NC Hwy 215&NCSR 1111, north of Lake Logan (site.A), Riverside community(site B),Haywood County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into West Fork Pigeon River which is classified Class WS-III=Trout waters in the French Broad River Basin. I1/ �� NV t t �f� .:'�` ;�. .`�,-' a--' \ 61/�.S ��;�; �\��\l�-:��� ;��i/l��``'���%iJ���•�ll. �u J f ^ � - - - �.. - ! l i��\) r ,� ��I'\�� 1//�� \\• ���>'..>,J l ; �� 1��I''��r l 11 \ /J �. _eon_\\.,/.',\ �1� ' r j2%j ✓,'i�;'�� � ." r�)/i�' /ram, I �'-� 1 �.��: ` --- - ��,loo � ' �.�� is�;;; ,//� � / _�j�p�•1- / 3��:-�;--�. �\� �- `-mac,��,�C�\ `� is ,, / � � , � 'f, �� � — ,• 1. `• � \,_ irS In ok \ / � Sri •,�' r-_-�,C��. -• � � ')l � i T I �1II1�rr�J�ll�, �u c_ ���o m co U 00 N O G r? � m � z u E . z � ~ o 3 ' o -o w �p M n CdM.LLI m m m A w o LO 0 x a a :o - - g E or " caM o 49 ME cc 4-4o O a � o CA A 421 CA bo 74 60 a W01 W Q o m a d U) `v d W F°- cmn PART I �y Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or,in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case,the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A DEFINITION I. Permit Issuing Auth=,y The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and 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 Measurement a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average"in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday- Saturday)on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average"in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum,"in Part I of the permit. Part II Page 2 of 14 d. The"average annual discharge"is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such year. It is,therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week(Sunday/Saturday)on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as 'Daily Maximum" under"Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria,is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under"Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen)is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day,the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. __ ___ __ �� . � 2 �... ., ,.� r . , Part II Page 3 of 14 f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March,April through June, July through September,and October through December. 7. Qther Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month: b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 9. Calculation of Mean a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Part II Page 4 of 14 b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one(1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 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 Substangg 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 QONDIIION5 I. Duly to Qom&Y The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is ground for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. l b. Any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of$2,500 to $25,000 per day of violation,or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: 40 CFR 122.41(a)] Part II Page 5 of 14 2. Duty to Miti a�rP The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power Failures" (Part II, B-6), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and HazU .dgus Subs ance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities,liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore,the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Propeny- h e The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Off pore onetruction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. v,r ili The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time,any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. _ l Part II Page 6 of 14 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 USC 1251 et. seq. 11- LigmatmRequiremPnrc All applications, reports,or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million(in second quarter 1980 dollars),if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Part II Page 7 of 14 C. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and believe, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations. 12. Permit Actions This permit may be modified,revoked and reissued,or terminated for cause.The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15 of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General"Statute 143-215.1 et. al. 14. previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENAN F OF POLLUTION-CONTROLS I. Certified On re ator Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The permittee shall notify the Division's Operator Training and Certification Unit within five days of any change in the ORC status. H Part II Page 8 of 14 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Red ice not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilitie a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24-hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; Part II Page 9 of 14 (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Up eta a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive maintenance, or careless or improper operation. b. Affect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. C. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and that the permittee can identify the cause(s)of the upset; (b) The permittee facility was at the time being properly operated; and (c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (d) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. F , Part II Page 10 of 14 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge, and with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge when promulgated. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MOMT RM AND RECORDS 1. Representative Saline Samples collected and measurements taken,as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form(DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Part H Page l l of 14 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than+ 10%from the true discharge rates throughout the range of expected discharge volumes. Once-through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedure Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act,as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tamn�nn,& The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation,or by imprisonment for not more than two years per violation, or by both. 6. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date,exact place,and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Part II Page 12 of 14 8. Inpection and Entry The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices,or operations regulated or required under this permit; and d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location. SECTION E REPORTIN REO Ti FMENT 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned ChanLyes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Part II Page 13 of 14 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2. of this permit). b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part Il, D. 4. of this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance,and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate,and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (B)Any upset which exceeds any effluent limitation in the permit. (C)Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncom liance The permittee shall report all instances of noncompliance not reported under Part 11. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information. Part H Page 14 of 14 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line,or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion.of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 10. Availability of Rep Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2)or in Section 309 of the Federal Act. 11. Penalties for Falsification of Report The Clean Water Act provides that any person who knowingly makes any false statement, representation,or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or change the type of process utilized at the treatment plant shall be begun until Final Plans and,Specifications have been submitted to the Division of Environmental Management and written,approval and Authorization to Construct has been issued. B. Groundwater Monitorina The permittee shall, upon written notice from the Director of the Division of Environmental Management,conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) One hundred micrograms per liter(100 ug/1); (2) Two hundred micrograms per liter(200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter(1 mg/1)for antimony; (3) Five (5)times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter(500 ug/1); (2) One milligram per liter(1 mg/1)for antimony; (3) Ten(10) times the maximum concentration value reported for that pollutant in the permit application. Part III Permit No. NCO078662 D. Upon (findings by the Division of Environmental Management that impacts on the receiving stream>by the operation of this facility are sufficient to cause violations of water quality standards, this permit shall be revoked and reissued, or, modified to require such measures, including but not limited to, monitoring and reporting, initiation of specific management practices, or construction and operation of additional treatment facilities. s, E. There shall be no additional construction for the purpose of increasing production at this facility without prior approval by the Division. } F PART IV ANNUAL ADMINISTERING' AND, COMPLIANCE FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15 NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Annual Monitoring Report for Permitted Trout Farms 1 . Production year 2 . Name of facility 3 . Permit number 4 . How much trout was produced this year? 5 . How much feed was consumed this year.? pounds tons 6 . Describe the waste management system(s) you used this year (e.g. direct discharge, land application, etc) 7 . Submit the following records for waste management practices involving land application, if available. Contact the Agricultural Extension Service, Soil Conservation Service, or the Agronomic Division of the Department of Agriculture for more information on soil testing, waste analysis, and nutrient budgets. a. Location of land application b. Extent in acres c. Name of stream ( river) which drains this land d. Copy of waste analysis report. e. Copy of soil test report. f. Copy of nutrient balance worksheet. g. Volume of waste applied h. Method of application 8. If water quality sampling was conducted, , submit a copy of results . I certify that I am familiar with the information contained in the form and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed name 15ate signed Signature