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HomeMy WebLinkAboutNCG530071_Regional Office Historical File 20200527 r'r r ROY COOPER Governor a c MICHAEL S,REGAN Secretory Water Resources A - S.JAY ZIMMERMAN Environmental Quality Director August 1,2017 Tellico Enterprises,Inc. Attn: Thomas Ort 4175 Tellico Road Franklin,NC 28734 SUBJECT: Compliance Evaluation Inspection Tellico Trout Farm - Permit No:NCG530071 Macon County Dear Mr. On: Enclosed please ford a copy.of the Compliance Evaluation Inspection form from the inspection conducted on July 25, 2017. The Compliance Evaluation Inspection was conducted by Kevin - Mitchell of the Asheville Regional Office. The facility appeared well maintained and operated and in compliance with permit NCG530071. The assistance of Chad Cabe.during the inspection was appreciated. Please refer to the enclosed inspection report for observations and comments. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, _ Kevin Mitchell Environmental Specialist Asheville Regional Office - - Eno. cc: MSC 1617-Central Files-Basement Asheville Files G.\WR\WQ\Mamn\WmtewaWr\Gewral\NCG53 Trout FuuaATelliw\Site Inspection 7.252017\CEITellic,08.01.2017.rloex Sate ofNauh Carolina I Environmental Quality I Wahr lteeaamw 2690 U.S.111,bu,70,Swannanoe,Noah Carolina 28778 ATdR n 7 "i'LE UTY North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary December 22, 2010 Joe Henry Tellico Enterprises Inc 4175 Tellico Rd Franklin NC 28734 SUBJECT: Compliance Sampling Inspection Tellico Enterprises, Inc Permit No: NCG530071 Macon County Dear Mr. Henry: Enclosed please find a copy of the Compliance Sampling Inspection Report from the inspection which I conducted at your facility on November 8, 2010. The facility was found to be in Compliance with permit NCG530071 at the time of the inspection. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please do not hesitate to contact me at 828-296- 4500. Sincer l Keith Hayne' Environmental Sr. Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Macon\WaatewaterlGen.ml\NCG53 Trout FarmsV'ellico\CSH 1.8.t Diet.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500WAX:828299-7043\Customer Service:1-877-623-5748 NO �yC�a a Internet:www.ncwatemual'ty ore a,HralrU n n United Slates EnNmnmental Protection Agenry FOMBN. Approved. EPA Washington,D.C.20460 040-0057 rf1Water Com liance Ins ection Re ort xpires6-31-96 Section A: National Data System Coding(i.e., PCS) Transactlon Code NPDES yr/molday Inspection Type Inspector Fee Type i I..,I 2 I .I 3I NC0530071 I11 12I 10/11/08 I17 lBicl 191c1 2UI I LJ I� Remarks u U LJ 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 31 CA —------------- —Reeervetl----------- 6]I 1 69 70U 711 I T21 v1 731 11 T4 T5I 1 I 1 1 I BO Section B: Facility Data LJ LLJ Name and Location of Facility Inspected(For lndusirlal Users discharging to POTW,also Include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Tellico Enterprises, Inc 10:20 AN 10/11/08 08/0./25 4175 Tellico Rd Exit TimelDate Permit Expiration Data Ptanklin NC 28934 12:40 PM -10/11/O8 12/07/31 Narrate)of Ousts Representatmem)MVerim)IPhone and Fax Numbers) Other Facility Data Joe Henry/Manager/82B-349-9034 / Name,Address of Responsible OficialMlle/Phone and Fax Number Cen a atl Joe Henry,4195 Tellico Rd Franklin NC 28934//828-349-9034/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Facility Site Review 0 Ef0uent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signaturem)of lnspectorm) Agency/Office/Phone and Fax Numbers Date Keith Haynes ,j ARO WQ//828-296-4300/ �X r l . al, iv Signature of Management O A Reviewer Agency/Office/Phone and Fax Numbers Dale Roger C aawards�R4 ,. ARo WQ//B28-296-4500/ P xl f0 EPA Farm 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPOES yr/mo/d.y Inspectlon Type 1 3 NCG530091 I11 12I 10/11/0a I17 18u Section D: Summary of Finding/Comments(Attach additional f sheets of narrative and checklists as necessary) Samples results for grab samples collected during the inspection were as follows: BOD-5.0 mg/I TSS-6.2 mg/I NH3 as N-0.68 mg/I TKN as N- 1.1 mg/I NO2+NO3 as N-0.06 mg/I Total phosphorus-0.15 mg/I Results indicate compliance with permit limits at the time of the inspection. Please make sure that you are following your BMP for solids management,you complete your yearly monitoring requirements and maintain the results on site for review during thhe next inspection. i i i I Page# 2 �� n Permit: NCG530071 Owner-Facility: Tellico Enterprises,Inc Inspection Date: 11I082010 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permitme submitted a new application? 0 0 ■ 0 Is the facility as described in the permit? ■ 0 0 ❑ #Are there any special conditions for the permit? 0 0 ■ ❑ Is access to the plant site restricted to the general public? ■ 0 0 0 Is the inspector granted access to all areas for inspection? ■ 0 0 0 Comment: The new manager should make sure he is familiar with the conditions of the permit. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? - ■ 0 0 ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ 0 0 0 If effluent (diffuser pipes are required) are they operating properly? Cl 0 ■ 0 Comment: Page# 3 William G.Ross Jr Secretary p(� North Camllna Department of Environment and Natural Resources [ k,„' FILE A [ /!®�qy Coleen H.Sullins Director / y tt'—"—Yr FI LE {I 1� Division of Water Quality Y Asheville Regional Office SURFACE WATER PROTECTION April 16, 2008 Thomas E Ort Tellico Enterprises Inc 4175 Tellico Rd Franklin NC 28734 SUBJECT: Compliance Evaluation Inspection Tellico Enterprises, Inc Permit No: NCG530071 Macon County Dear Mr. Ort: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection conducted on April 10, 2008. Cathy Tyndall and I of the Asheville Regional -.. Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit NCG530071. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by you and your staff, during the inspection was greatly appreciated. If.you have any questions, please do not hesitate to contact me at 828-296-4500. Sincere , Keith Hayn�� Environmental Senior Specialist Enclosure cc: Central Files Asheville Files 0FMWQ\Macon\Trout Faros NCG5=071 CEI 04-10-08.doc N'on�`hCarolina 2090 U.S.Highway 70,Swannanoa,NO 28778 Telephone:(828)2964500 Fax:(828)299-7043 Customer Service 1 877 623-6748 Wurally United States Environmental Protection Agency Form Approved EPA Washington,oC.20490 ,ME No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yogre/day, Inspection Type Inspector Far Type - 1 l ul 2 1 e1 31 NCG530001 11 121 08/04/10 17 16Irt 19U 201 I lJ U Remarks IJ LJ L� 2111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1IIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 OA — ..........----------Reserved--------------------- 6)i 160 701 I 71ty ]21 nil 731 I 74 75 I I I I I80 lJ Section B: Facility Data IJ t Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTN name and NPDES permit Number) Tellico Enterprises, Inc 11:30 AM 08/04/10 02/08/01 4175 Tellico Rd Exit Time/Date Permit Expiration Date Franklin NC 28734 12:30 To 08/04/10 07/07/31 Deal of Ornate Representative(s)lFitles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Otticial/fitlelPhone and Fax Number Contacted Thomas E Omtr4ll5 Tellico Rd Franklin NC 28734//828-349-9034/8285246V8 Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Nanne(s)and Signature(s)oof / f lnspector(s) Agency/Office/Phone and Fax Numbers Date Cathy R Tyndall CrC_if ARO WQ/// Keith Eaynes ARO WQ//828-296-4500/ � l�•b8 Signature of Management A Reviewer Agency/Office/Phone and Fax Numbers Date/ Roger C ed.hyde`(RY- ARO W0//828-296-4500/ /rp EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/tlay Inspection Type ' 31 NCG530... It1 12 08/04/10 I17 18 Section D: Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) This trout farm is very well maintained. Application for permit renewal has been received in the Central Office and should reissued soon. Page# 2 l Permit: NGG530071 Owner-Facility: Tellico Enterprises,Inc Inspection Date: 04/10/2008 Inspection Type: Compliance Evaluation Permit yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted anew application? ■ ❑ n n Is the facility as described in the permit? ■ n n ❑ #Are there any special conditions for the permit? ■ n n n Is access to the plant site restricted to the general public? n n n Is the inspector granted access to all areas for inspection? ■ n Comment: Renewal application is in Central Office Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ 0 n n Does the facility analyze process pontrol parameters,for ex:MLSS,MCRT,Settleable Solids,pH, DO,Sludge n 'n ■ n Judge,and other that are applicable? Comment: The facility appears to be well maintained. Raceway cleanings,fish waste, is land applied on site. Effluent Pip¢ - Yes No NA NE Is right of way to the outfall properly maintained? ■ n 0,n Are the receiving water free of foam other than trace amounts and other debris? ■ 0 n n - If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Page# 3 County: MACON af' " sample l0: AB65973 River Basin LTN I WA7C - PO Number# 1OW9634 Report To Ali - O= �G Date Received 1113012010 W > � TimeReceived: 68:15 ' ReBlon AR - � �f ' Y L b rka L 91nIO SMATHIS Report Gen ralea: - 12010 Sample Mork WASTEWATER Loc.Type: EFFLUENT of Date Reported: 1210912010 Emitter, VeslNc - VsitlC CDC YesINO - , x ��DIY �Z'1 U' ID Loc.case, TELLICO TROUT" Localicn lC: kROSPNLC cooed Oates. 1110812010 Collect Time: 12:30 Sample Depth CAS# Analvte Name g p w Result? Units Method And Valli by L e I Oualiflisr Reference Date - LAB b ':,.>f n 1 t„+• 'P Sample temperature at receipt by lab 1.1 C 11130110. SMATHIS NUT NH3 a8 N In liquid 0.02 0.68 ' m91L as N Lac10-107-06i 12I1110 CGREEN Total Kjeldahl N as N In liquid - - '0.2 id m91L as N Lachatlsr-06-2-H - 121NIO CGREEN ` NO2+NO3 as N in liquid - 0.02 0.06 m91L as N LaL10-107-04-1-c 1211110 CGREEN Phosphorus_total as P in liquid 0.02': ? 0.15 'mplL as Lac10-115-01-1EF 1211110 CGREEN •Sample Comments was under the impression that our Stream Monitor always sent out the asisre_ e�"Y1 y✓M'm4 "att% �1•FnA�'ptl 4 xuswrn y, I�14 WATER QUAI-ITY SE� ?'.. ASHFVII LL CTION RC rsc.'{ c xt G�—"'—•IONA—L O'`_FICE `i, aAor ldN.rn.;. ssm a AtiXCJ%:Y Y I § p '"Vtgyyy�A LiRa Y t. laboratory SmD, oo 1623 Mail SarviceCanter,Rfi1e19h,NO 27699-0623 (919)733-3908 e,.n imim e.:vuuu Itcl winner.1.:crier. -. py.5 �page 1 of 1 0 Y N S M � 5 , O S m /p�Y y O 6 U o b m f y v$ AIo a b � z O b Nf b O 9 m z alp El m �- ao n mI o ry o z r r //11d K OL ❑ o b Lei gd d - - z n No b y a O° a S oly b 4a k4 W—li r � ta� DN CCII r 3 3 A 3 ° O m •• .. J F1 y .0 l' —_ •c D n a U O 2 y' gg w W W d K .. •C d x A tl a F zp s 8 _ K County: MACON - Semple ID: A1365536 RiverBean OF WAJFO PONumber# - ARO Rapid To AR09P �O� Data Race d 1110812010 > T' Rec ad ISIS C Ilector. KHAYNES' p Y L b noMaL 9nID KJIMISON R,,!m, ARO Sample Manx: SURFACEWATER �0,1 Report Generated: 12I13If0 Loc.Type: ., Date Repomed 1211=010 Enner9enq YeelNo Viait 0 Lac.09san TELLICO TROUT ',"IY" _I Location 10: TELLICOTROUT . - 00II6CIDate N/0812010 Collect Time: 12:30 Semple DepiM1' CAB# Analyte Name POL Result/' _ Units Method .'Analsis Valuated by uelifer Reference '.bate - Others Sample temperature at receipt by lab 1.2 - °c _ 11M110 SMATHIS BODE 5-Day In hound 2 510 al - APHA5210B 11/IDI10 MOVERMAN Residue Suspended In fka[d 6.2 6.2 U m0/L APHA2540D-20IM1 11115/10 MOVERMAN DEC `I 6 2010 y . wnru lil ,I-colon _. k e �q HEVILLr f EP OnAI 0,HCC�. Laboratory SmOon%>1833Ma1199rvice C9May Ralel9M1,NC 9999-1823 (919)733.3908 - a.ama.:u9 Amin .wee .x na n w n.m .Page 1 of 1 _ m . 00 •' � � � llE d F.'. rS .ti. _ b p N u p Y • T k d # � $ _ xy pa Q_ 6 B. G. � N b p� � " � e ❑ � O � 7 � q xz ca e :eSS Saa g` S SS � 8 O 1 El a IIp 22 m � ❑ 0 0 1 9 r l 6 0 Q 0 Am - n O < " 3 gc T y8 p �: n ;"1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG530000 TO DISCHARGE SEAFOOD PACKING AND RINSING,FISH FARMS AND SIMILAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-2t5.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act,as amended,this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage issued by the Environmental Management Commission to allow the discharge of wastewater in accordance with the effluent limitations,monitoring requirements,and other conditions set forth in Parts 1,II,III and IV hereof. This permit shall become effective August 1,2002. This permit shall expire at midnight on July 31,2007. Original signed by GregoryJ Thorpe Date:05131102 Gregory J.Thorpe,Ph.D.,Acting Director Division of Water Quality By Authority of the Environmental Management Commission General Permit NCG530000 PART MONITORING,CONTROLS,AND LIMITATIONS FOR PERMITTED DISCHARGES Page 1 of 12 Pages 48 94 MA �dam % 8 Qe L E 16 0 LZ _0 IN v a FAI �o i �Ei u ,3 p General Permit NCG530000 1 PART SECTION B. SCHEDULE OF COMPLIANCE 1. The pemtittee shall comply with Final Effluent Limitations by the effective date of the Certificate of Coverage. 2. Penance shall at all times provide the operation and maintenance necessary to operate the existing facilities in accordance with Part II.C.2 of this permit. SECTION C. APPLICABILITY 1. This General Permit covers point source discharges of seafood packing and rinsing operations and fish packing and rinsing and any other discharge of similar characteristics as decided by the Division. 2. This General Permit covers fish farms and any other similar discharge as decided by the Division. 3. This General Permit does not apply to seafood or fish processing facilities,which require an individual NPDES permit. 4. Concentrated aquatic animal production facilities subject to the NPDES program are defined as a hatchery, fish farm,or other facility which meets the following criteria: a) Cold water fish species or other cold water aquatic animals in ponds, raceways, or other similar structures which discharge at least 30 days per year, but does not include facilities which produce less than 9,090 harvest weight kilograms of aquatic animals per year and feed less than 2,272 kilograms of food during the calendar month of maximum feeding. - b) Warn water fish species or other warm water aquatic animals in ponds, raceways,or other similar structures which discharge at least 30 days per year,but does not include closed ponds which discharge only during periods of excess runoff or facilities which produce less than 45,454 harvest weight kilograms of aquatic animals per year. c) Any facility designated by the Director to be a significant contributor ofpollufion to waters of North Carolina, SECTION D. NOTICE OF INTENT Individuals who intend to obtain coverage under this general permit,shall submit a Notice of Intent(NOI)applicable to this general permit. A current version ofthe NOI for this general permit can be obtained by contacting the Stormwater and General Permits Unit at 919/733-5083 or can be downloaded from the Internet at httn://h2o.em.state.nc.us/su/stormwater.html NOI,must be signed and submitted to the Stornwater and General Permits Unit, 1617 Mail Service Center,Raleigh,NC 27699-1617. Applicants who have submitted a completed NOI are not authorized to discharge until a Certificate of Coverage is issued. In general,the NOI shall include the following information: I. The mailing address and telephone number for the owner and/or operator. 2. The facility name,address and telephone number where the discharge will occur. 3. The permit number of any NPDES permits)for any discharge(s)from the site. 4. A description ofthe discharge,including the number of discharge points,the volume of discharge,the frequency of discharge and any treatment methods applied prior to discharge. 5. The name of the receiving waters and the stream classification(if known). 6. An analysis of non-discharge alternatives,including connection to a regional sewer collection system,subsurface disposal and spray irrigation. 7. A 7.5 minute series USGS topographic map with the discharge location clearly indicated. 8. Final plans and specifications for the treatment system and all major components(if applicable). 9. A certification that the information contained in the NOI is true,complete and accurate. Page 3 of 12 Pages n n General Permit NCG530000 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority: The Director of the Division of Water Quality. 2. DWO or Division: Division of Water Quality,Department of Environment and Natural Resources. 3. EMC: North Carolina Environmental Management Commission. 4. Permittee: The entity who obtains coverage under this general permit by subsequent issuance of a "Certificate of Coverage"by the Division of Water Quality, 5. Act or"the Act" The Federal Water Pollution Control Act, also(mown as the Clean Water Act, as amended, 33 USC 1251,et.seq. 6. Concentration Measurements a. Average Monthly Concentration: The and 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 in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. b. Maximum Daily Concentration: 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"in Par[I of the permit. c. Daily Average Concentration(for dissolved oxygen): 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 the"daily average"in the text of Part 1. 7. Other Measurements a. Flow(MGD): 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. Instantaneous Flow Measurement A measure of flow taken at the time of sampling,when both the sample and flow will be representative of the total discharge. c. Continuous Flow Measurement: A measure of discharge flow from the facility which occurs continually without intermpfion 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. Grab Samples: Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. 9. Calculation of Means a Arithmetic Mean: The summation of the individual values divided by the number of individual values. b. Geometric Mean: 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 string 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: The summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day: 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. Page 4 of 12 Pages General Permit NCG530000 11. Hazardous Substance: Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1)of the Clean Water Act. 13. Bvrass: The intentional diversion of waste streams from any portion of a treatment facility (including the collection system). The pennittee 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. 14. Severe Property damage: Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,or substantial and permanent lass 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. 15. Upset: 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. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The pernm ee most comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination,revocation and reissuance, or modification;or denial of a permit upon renewal application. a. The permittee shall comply with 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 pemmt has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306,307,308,318 or 405 0£the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402,is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates such sections, or any permit condition or limitation 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. In the case of a second or subsequent conviction for a negligent violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by imprisonment of not more than 2 years,or both. Any person who knowingly violates such sections, or any permit conditions or limitations 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. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years, or both. Any person who knowingly violates such sections, or any permit conditions or limitations,and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury,shall ,upon conviction, be subject to a fine of not more than$250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years, or both. An organization(as defined in section 309 of the Clean Water Act)shall,upon conviction of violating the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to$2,000,000 for second or subsequent convictions. Also,any person who violates a permit condition may be assessed an administrative penalty not to exceed$I1,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] c. Under state law,a daily civil penalty of not more than twenty-five thousand dollars($25,000)per violation may be assessed against any person who violates or fails to act in accordance with the terns,conditions,or requirements of a permit. [Ref:North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301,302,306,307,308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed$11,000 per violation, Page 5 of 12 Pages General Permit NCG530000 with the maximum amount of any Class I penalty assessed not to exceed$27,500. Penalties for Class 11 violations are not to exceed$11,000 per day for each day during which the violation continues,with the maximum amount of any Class 11 penalty not to exceed$137,500. 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 Liabilitv Except as provided in permit conditions on "Bypassing" (Part II, CA.) and "Power Failures" (Part II, C.7.), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permilme from any responsibilities, liabilities,or penalties to which the penmittee 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 pernittee is responsible for consequential damages,such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 5. Promerty 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. SeverabiliN The provisions of this permit are severable,and if any provision of this permit,or the application of any provision of this pariah 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 famish 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 pemdt or to determine compliance with this permit. The permittee shall also famish 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 perm[ after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Permit Termination After public notice and opportunity for a hearing, the general permit and Certificates of Coverage issued under this general permit may be terminated for cause. It. When an Individual Permit may be Required The Division may require any owner authorized to discharge under this permit to apply for and obtain an individual permit Cases where an individual permit may be required include,but are not limited to,the following: a. The discharger is a significant contributor of pollution. b. Conditions at the operating facility change altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a General Permit. c. The discharge violates the terms or conditions of this permit. Page 6 of 12 Pages General Permit NCG530000 d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source. e. Effluent limitation guidelines are promulgated for the point sources covered by this permit. f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this permit This permit may be terminated as to an individual owner for any of the reasons set forth above after appropriate notice in accordance with N.C.G.S. 143-215.1. 12. When an Individual Permit may be Requested Any permittee operating under this permit may request to be excluded from the coverage by applying for an individual permit. When an individual permit is issued the applicability of this general permit is automatically terminated on the effective date of the individual permit. 13, 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) Fora 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. 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 belief,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." 14. 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. 15. 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 Page 7 of 12 Pages General Permit NCG530000 Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100;and North Carolina General Statute 143-215.1 et.al. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A44 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 thirty days of any change in the ORC status. NOTE. This requirement does not apply until the penalties receives a letter notiing them of classification of the facility. Currently,facilities are not being classified for this purpose,but may at some time in the future. 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 Reduce not a Defense It shall not be a defense for a pemrittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions ofthis permit. 4. Bwassine of Treatment Facilities a. 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 b. and c.of this section. b. Notice (1) Anticipated bypass. If the pemrittee 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). c. Prohibition of Bypass (I) 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; (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 b.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 c. (1)of this section. Page 8 of 12 Pages General Permit NCG530000 5. Upsets a. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. 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. b. 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: (1) An upset occurred and that the permittee can identify the causes)of the upset; (2) The permitted facility was at the time being properly operated;and (3) The permittee submitted notice of the upset as required in Part II.E.6.b.2 of this permit. (4) The permittee complied with any remedial measures required under Part II.B.2 of this permit. c. Burdenofproof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 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. 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 comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated)within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DWQ Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS I. Representative Samoline 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. 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. 3. 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 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 Page 9 of 12 Pages General Permit NCG530000 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. 4. Penalties for Tampering 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. In the case of a second or subsequent conviction, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,or both. 5. 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. 6. 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 individualist who performed the sampling or measurements; c. The date(s)analyses were performed; d. The individuals)who performed the analyses; e. The analytical techniques or methods used;and I. The results of such analyses. 7. Inspection and Enlry 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 pernitteel;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 any records that must be kept under the conditions of this permit; c. Inspect any facilities,equipment(including monitoring and control equipment),practices,or operations regulated or required under this permit;and d. Sample or monitor, for the purposes of assuring pemtit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Submission of Reports Submission of standardized monitoring forms or other monitoring reports to the Division is not required. All monitoring information and copies of any reports required by this permit,must be retained on site 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.The permittee shall famish to the Permit Issuing Authority upon request,copies of records required to be kept by this permit. 2. 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 pemdt. 3. Planned Changes The pemtittee 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: Page 10 of 12 Pages General Permit NCG530000 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 Par[ 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). 4. Anticipated Noncom lip ance 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. 5. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit and incorporating such other requirements as may be necessary under the Clean Water Act. 6. Duty to Report Noncom lid 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. (1) 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. (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the pemdt. (2) Violation of a maximum daily or monthly average 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 Information Where the permitter 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 the correct facts or information. 8. Noncompliance Notification Procedure 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. v Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. Page 11 of 12 Pages General Permit NCG530000 9. Availability of Reports 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 made available for public inspection at the offices of DWQ or at the site of the discharge within a reasonable time period,not to exceed five(5)days. 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(1,)(2)or in Section 309 of the Federal Act. 10. 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 1. Previous Permits All previous State water quality permits issued to this facility for this particular discharge, whether for construction or operation or discharge, are hereby revoked by issuance of this permit and subsequent issuance of a Certificate of Coverage. The conditions, requirements,terms,and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. 2. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to DWQ and approval has been granted by the Division. Design and operation of facilities and/or treatment works shall be in accordance with the application and supporting information. If facility deficiencies, design and/or operational, are identified in the future which could affect the facility performance or reliability, it is the responsibility of the Formation to correct such deficiencies. 3. Limitations Reouener This permit shall be modified or alternatively,revoked and reissued,to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b)(2)(a),and(d),304(b)(2),and 307(a)(2)of the Clean Water Act,if the effluent guideline or water quality standard so issued or approved: a. contains different conditions or is otherwise more stringent than any effluent limitation in the permit;or b. controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PARTIV ANNUAL ADMINISTERING&COMPLIANCE MONITORING FEE The pennittee must pay the annual administering and compliance monitoring fee(if any such fee is assessed)within 30 days after being billed by the Division. Failure to pay such fees in a timely manner in accordance with 15 NCAC 2110105(b)(4) may cause the Division to initiate action to revoke the Certificate of Coverage. Page 12 of 12 Pages ' IK lye eP� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley,Governor William G. Ross,Jr.,Secretary Coleen H.Sullins, Director August 25,2008 Thomas E. Ort Tellico Enterprises,Inc. 4175 Tellico Rd Franklin,NC 28734 Subject: Renewal of coverage/General Permit NCG530000 Tellico Enterprises,Inc. Certificate of Coverage NCG530071 Macon County Dear Permittee: In accordance with your renewal application [received on February 25,20081,the Division is renewing Certificate of Coverage(CoC)NCG530071 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 May 9, 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@ncmad.net]. -- Sincerely, �.. •� �� � , III SEP - 2 2000 for Coleen H. Sullins 1. cc: Central Flea unTl n( AU 1 LG I ION Asheville Regional Office/Surface Water Protection / _ A5I I il, I ;;Ipp n ICF NPDES file - 1617 Mail Service Center,Raleigh,North Carolina 27699.1617 One L n 512 North Salisbury Street,Raleigh,North Carolina 27604 NOr thCarofina Phone: 919 7335063/FAX 919 733-0719/Internet:waw.ncwaterqualityarg Q���tuC An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Naturally STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NCG530000 CERTIFICATE OF COVERAGE NCG530071 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, I Tellico Enterprises, Inc. is hereby authorized to discharge trout farm wastewater from a facility located at Tellico Enterprises, Inc. 4175 Tellico Rd Macon County to receiving waters designated as Tellico Creek in subbasin 04-04-02 of the Little Tennessee 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 25, 2008. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 25, 2008. for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission O=OF WA Tegoo Michael F.Easley,Governor y William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources O Y rCol en-H SallnaPlector- la Dvlaio�of ter uality February 28, 2008 FEB 2 9 2W8 THOMAS E ORT j TELLICO ENTERPRISES INC WAu nr Ji I irr i rrioN 4175 TELLICO ROAD - a W l F r, r 10%rAz 01 1 CE FRNKLIN NC 28734 SubJect: Acknowledgement of New Permit Appplication Permit# NCG530157� u3�0,,S �t. �3CC-6-QO�-� Facility: Tellico Enterprises Inc Macon County Dear Mr. Ort: The Division of Water Quality NPDES acknowledges receipt of your permit application, with payment and supporting materials on February 25, 2008. This application package has been assigned the number listed above and will be reviewed by Agyeman Adu-Poku. By copy of this letter, we are also requesting a Staff Report from the Asheville Regional Office. The reviewer will perform a detailed review and contact you with a request for additional information if necessary. To ensure the maximum efficiency In processing permit applications, the Division requests your assistance In providing a timely and complete response to any additional information requests.- Please note at this time, processing permit applications can take as long as 60-90 days after receipt of a complete application. To check on the status of an application, please visit htto://h2o.enr.state.nc.uslblms/Reiportslrel2ortsPermits.html. If you have any questions, please contact Agyeman Adu-Poku at 919-733-5083, ext. 508, or via e-mail at agyeman.adupoku@ncmail,net. If the reviewer Is unavailable, you may leave a message, and they will respond promptly. PLEASE REFER TO THE ABOVE APPLICATION NUMBER WHEN MAKING INQUIRIES ON THIS PROJECT. Sincerely, Y,aurie Singleton Point Source Branch cc: Asheville Regional Office,Surface Water Protection Section!' Central Files Permit Application File NCG530157 (1ne Pretreatment,Emergency Response and Collection Systems Unit Internet hftp://h2o.ennnc.state.us/ndpu ' Nrth Carotin$ 1617 Mall Service Center, Raleigh,NC 27699-1617 An Equal Opportunity Action Employer NU141a//l Telephone (919)733-5083 Fax (919)733-0059 50%recycloW10%past-consumer paper FORAGMCYUSE(x&Y on.lk iry d -Water, - ality/Water Qaatity Section Year MQ D National Poll ter; ewsc.m arco NCD - ischarge Elimination System cned�u . Amin FE8 2 9 2D98 -: CGSs0000 r C i)HIL 0, IC NOTICE OF INfENI"III--� ICE — National Pollutant Discharge Elimination System application for coverage under General Permit NCG530000:Seafood packing and rinsing,fish farms and similar wastewaters (Please print or type) I`Lfl 2 �I 7➢Uli f) Mailing address of ownerloperator: Company Name �e I Ilro £4ierpr seS �NL Owner Name lYl rG A moor e- Street Address 11175 Tellico a . City yc,"II s rn State MC_ ZIP Code �Fr73 4 Telephone No. 8;Lk 52H - &COO106 _ Fax: Staff S�It-1 `66NO 5 "Address to which all penny correspondence will be mailed 2) Location of facility producing discharge: Facility Name 9,11rco &^'I" irrS®S. rvrf Facility Contact ++ r Street Address 175 7e.lirco lerl . City Frm l Isvt Stated G ZIPCode County rwGc,>sn Telephone No. 'q Fax: SASS a 3) Physical location information: Please provide a narrative description of how to get to the facility(use street names,state road numbers, and distance and direction from a roadway intersection). a X N frr+rn'S s�vcrHKl ih pk ci telIII Rr� 3 cd tla.� -lra �v-u�ely 1 mileb 0 (A copy do county map or I quads eat wbh facility cleats located on the map is required to be submitted won this application) 4) This NPDES permit application applies to which of the following : ❑ Newor Proposed ❑ Modification Please describe the modification: Renewal Please specify existing permit number and original issue date: NC6 530000 5) What is the nature of the business applying for this permit? `t'P_UUf Plr'OL)UG+�P 6) Does this facility have any other NPDES permits? ,'No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: MCG530000 N.O.I. 7) Description of Discharge: rrm�rr a) Is the discharge directly to the receiving water? Ao Yes ❑ No If no, submit a site map with the pathway to the potential receiving waters clearly marked. This includes tracing the pathway of the storm sewer to the discharge point, if the storm sewer is the only viable means of discharge. b) Number of discharge points(ditches, pipes, channels, etc. that convey wastewater from the property): ntn c) Volume of discharge per each discharge point(in GPD): ut:lo�2: tr3: ua d) Please describe the type of wastewater is being discharged, be specific(include any known pollutants present in the discharge). TrOVt RAyW% 13Q ISC"PSI S e) What type of wastewater is discharged? ❑ Crab washing ❑ Table washing ❑ Fish washing f Fish farm water ❑ Other: f) Is there any treatment being applied to the wastewater before discharge(check the type of t atment in use). ,I Settling pond ❑ Treatment Equipment ❑ Screens ❑ Floor screens ❑ None Q �s IXOther.,g^IJI r...Ilegied 'A d«Iv ��,A�� N✓I cal-efit o�c g) How much of the volume discharged is treated(state in percent)? {00 h) If any box in item (f.)above,other than none,was checked, please include design specifics(i.e., design volume, retention time, surface area, etc.)with submittal package. Existing treatment facilities should be described in detail. Design criteria and operational data(including calculations)should be provided to ensure that the facility can comply with the requirements of the General Permit. The treatment shall be sufficient to meet with the limits set by the general permits. The trapping efficiency should be greater than 75%. The surface area should be as large as possible to insure sedimentation occurs. To secure optimum efficiency the flow length of the basin to the basin width should have a ratio of 2:1 Note: Construction of any wastewater treatment facilities requires submission of three(3)sets of plans and specifications along with the application. Design of treatment facilities must comply with requirements of 15A NCAC 21-1 .013B. If construction applies to this discharge, include the three sets of plans and specifications with this application. 8) Discharge Frequency: t Pl a) The discharge is: Continuous ❑ Intermittent ❑ Seasonal i) If the discharge is intermittent, describe when the discharge will occur: ii) If seasonal check the month(s)the discharge occurs: ❑ Jan. ❑ Feb. ❑ Mar. ❑ Apr. ❑ May ❑ Jun. 0 Jul. 0 Aug. 0 Sept. 0 Oct. ❑ Nov. 0 Dec. NCG530000 N.O.I. b) How many days per week is there a discharge? c) Please check the days discharge occurs: ❑ Sat. O Sun. ❑ Mon. ❑ Tue. ❑ Wed. ❑ Thu. ❑ Fri. 9) Receiving waters: a) What is the name of the body or bodies of water(creek,stream, river, lake,etc.)that the facility wastewater discharges into? If the site wastewater dischar to a separate storm sewer system es (4S), name the operator of the 4S(e.g.City of Raleigh). 2.l 1 I C.b Clee,IL b) Stream Classification: 10) Alternatives to Direct Discharge: Address the feasibility of implementing each of the following non-discharge alternatives a) Connection to a Municipal or Regional Sewer Collection System b) Subsurface disposal(including nitrification field, infiltration gallery, injection wells, etc.) c) Spray irrigation The alternatives to discharge analysis should include boring logs and/or other information indicating that a subsurface system is neither feasible nor practical as well as written confirmation indicating that connection to a POTW is not an option. It should also include a present value of costs analysis as outlined in the Division's"Guidance For the Evaluation of Wastewater Disposal Alternatives". 11) Additional Application Requirements: For new or proposed discharges,the following information must be included in triplicate with this application or it will be returned as Incomplete. a) 7.5 minute series USGS topographic map(or a photocopied portion thereofi with discharge location clearly indicated. b) Site map, if the discharge is not directly to a stream, the pathway to the receiving stream must be clearly indicated. This includes tracing the pathway of a storm sewer to its discharge point. c) If this application is being submitted by a consulting engineer(or engineering firm), include documentation from the applicant showing that the engineer(Or firm)submitting the application has been designated an authorized Representative of the applicant. d) Final plans for the treatment system(if applicable). The plans must be signed and sealed by a North Carolina registered Professional Engineer and stamped"Final Design-Not released for construction". e) Final specifications for all major treatment components(if applicable). The specifications must be signed and sealed by a North Carolina registered Professional Engineer and shall include a narrative description of the treatment system to be constructed. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true,complete, and accurate. Printed Name of Person Signing: If h C mos E O ll `'{"' Title: (� �CG ��� (Signature of Applicant) (Date Signed) NCG630000 N.O.I. North Carolina General Statute 143-215.6 to(1)provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record,.report, plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $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.) Notice of Intent must be accompanied by a check or money order for$100.00 made payable to: NCDENR Mall three(3)copies of the entire package to: NPDES Permit Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Final Checklist This application will be returned as incomplete unless all of the following items have been included: tCheck for$100 made payable to NCDENR IX3 copies of county map or USGS quad sheet with location of facility clearly marked on map 13'3 copies of this completed application and all supporting documents C3'3 sets of plans and specifications signed and sealed by a North Carolina P.E. [2rThorough responses to items 1-10 on this application YAllematives analysis including present value of costs for all alternatives Note The submission of this document does not guarantee the issuance of an NPDES permit TELLICO TROUT FARM FEB 2 9 20 56-02-03-07 Li 08 MACON COUNTY � 15 APRIL 2002 Tellico Trout Farm is located in the Northern section of Macon County. Annual production is approximately 200,000 Lbs. of trout produced annually. Our office is currently working with Jeff Young (DENR Engineer) on this project. A complete Waste Utilization Plan and Irrigation Schedule along with all appropriate information and forms will be forthcoming. At this time the Macon Soil and Water Conservation District would like to pend $25,000.00 to the Tellico Trout Farm plan. We feel this system will greatly improve the water quality of the Tellico Creek. Other than the above mentioned WUP/Irrigation Schedule this plan is complete to the best of my knowledge. Thanks for your help and understanding. If there is anything else I should do please let me know. Again, THANK YOU. Mike Breedlove Macon SWCD f O D W .•no�wp I��yqq�0nnz la �D O AZ z v O :oo cn co w 00 a �c m 3 ° 0 00i £Q0 0< o N (] fD v o JAI n c hl� n (n v G ma3 y m '�" R Z 1 D m •6 00z O O (D �� a 3000 D O O .S ° (N m vz . Iv O a � 0 o I< ] nl r D <.N D O O I vo za m m e \m m o ° �, 0 a C A C z ; h a v 3 0 d\ y a A 3 D C A m N (1 (n o N lI} io Z O m O W K a -� y b a O .m mO 0 A n � mm Z2 0 mA V, IN 0 'mpp� a Q Z I N a O o v ° a O 0 1', 5' o a 0 m fn m a �11 s � ? \ � s m O z I� o 70 m o D N 0 z J � 3 om x 3 Z a a 0 3 a n ❑ o ro n co m m 0. O H NC DENR DSWC - NC-ACSP-2 ',NORTHICAROLINAi, (08/2001) AGRICULTUREICOSyT,q,SHAREI PROGRAM COST+SHARERGREEIi This agreement is entered into on this /s z> day of ,gp�j__,_� s,__ by and between the 9<ON Soil and Water ConservatwmDistnct and' �KF �9CXE ( 1 7 (Applicant) of Fr.9.vvLi,✓ ,e n y2 (Applicant)( of (Landowner) of 5 , r PT,! (Landowner) of .. hereinafter called"'the cooperator(s) This}agreementifor,Contract No:r S'6_o z-o —o 7 covers the period of practice,installatiorrup tolbutlnot beyond?�the'first,Wednesday in June and. includes all items pursuant to`15A NCAC'6E".0102 (g). -� THE COOPERATOR(S)AGREES TO: Ex 6pt as (1) Division of Soil Water Conservat i6'Ii*K8P tallation until approval is given by the NC a. Provided conditions.i=iv are'met;the cooperator may choose to exercise the option of aroceeding with installation of'be'strmanagemenfpractice(s) prior to receiving final approval from the`DiJision of Soil andl,Water'Conservation: i. The tota00); amount°ofRhercontract°does not exceed twenty-five hundred dollars ($2500); and if.� The best management practices described in the CPO are solely vegetative in tla;nature;�and''' fit, The cooperator(s) is not%a?districtisupervisor; and ' iv. The 000perator(s) his hottu`sed>this-exception prior to this instance during the program year of the CPO. Cooperators`choosing to'exercise this"option`musfinitial to acknowledge understandin Of each condition'below, g 'w. ^ +' i,rcinc , , , , „ unWrstandthatthisicontractlhas'not!been approved by the Division of 'Soilrand WateryConservatio'n'rand{thafl am:proceedingwittrprojectinstallation ` at the risk that the'Divistori'ot5Sod7and Water Oonservatiori may not approve this contract. �lt,3isn9 E. 7ncCi, ,^;.. I understand that I will,notreceive payment for installing practices under thig'contract untibthe`NCCDivisiomof�Soil'and Water Conservation has approved the'contrect`andthefrequestYfo"rpayment.` .. I understandthat I mayJnot holdlthe�NCDivision of Soil and Water, NO Department of=Environment,and;Natural Resources, or the District liter,for non- reimbursement of the items below for the improper installation of the liable f (2) Implement the best management practice(s)(tolthelbestlbf his/her'ability in compliant with the rules"governing this cost share'prog'ramrand((a`686ding to -a Plan of Operation (CPO). + tgl3t n ,- i r (3) Complete 1/3 of the„fstafiation of the Best Management Prao„ce(s) as described in the attached CPO, as determined by the � Soil and Water Conservation District within the first twelve (12) months following approval of the CPO by the Division of Soil and Water Conservation. Failure to complywith this item will result in the immediate termination of this Cost Share Contract. Cooperator(s);may,request the le p,ov l Soil and Water Conservation District for a six (6) month extension of this provision to avoid termination of contract. (4) Maintain and continue the cost shared best management practices on the attached CPO for the minimum life set forth by the Soil and Water Conservation Commission. If the cooperator(s) fails to properly maintain or continue the cost shared practices for their intended use for the life of the practice, the cooperator(s) shall be required to repair or reimplement the practice within 30 days (up to one calendar year for Vegetative practices) or be required to repay the State of North Carolinaa-pro-ratedamount of the''costshare payment as set forth in 15A NCAC 6E. If the cooperator(s) abandons the current operation, and converts the use of the cost shared practices or fails to maintain the practices�properly, the cooperator(s) will be required to repay to the State of North Carolina a pro-rated amount of the cost share payment(s) as set forth in the rules governing this program. .,,. .- (5) Soil test at feast every two years,on-benefited;acres.for the duration of the contract maintenance period. Samples:must be submitted.to.,the,NCDACS Agronomic Division (or other acceptable testing facility) and the fertilizer application recommendations followed as closely as reasonably and practically possible. (6) As a condition for receiving cost share assistance for waste management systems, have the waste material analyzed once every,,year,{o determine its nutrient content and if the waste is land applied, to annually submit a soil test sample, for analysis of the area of waste application; and to apply the waste as close as reasonably and practically possible to recommended fertilizer rates. If the cooperator(s)fails,to,havewaste and soil analyzed within prescribed amount of time as specified:by the District,-:the.cooperator(s) will be required to repay to the State of.North Carolina a pro-rated amount of the,cost share payment(s) as set forth in the rules governing this program. (7) Permit access by Soil and Water Conservation District, Division and Commission representatives at reasonable:timpstto,provide,technical assistance and to inspect the practices during and after implementation for;proper,)nstallation; maintenance and continuation. (8) Require any person(s) to whom the benefited acres are transferred by sale, lease or other means to sign a statement to maintain and continue the cost shared BMPs for the remaining life of the practice as a,condition of the transferuof,ownership orcontrol. The cooperator shall give a copy:ofthe;agreement tothe,District Failure;of the:cooperator(s)to secure such an agreement will.require the cooperator(s)to repay the State,a pro-rated amount of the cost share payment(s) as set forth in the rules governing this program. (9) Repay the State.a pro-rated,amoupt of.the,cost shared portion of equipment purchased under this agreement that is sold or leased vyfthin,the maintenance period and further agrees not to use=sfshared equipment:as„collateral .. THE DISTRICT AGREES:TO, (1) Provide technical assistance,for the planning, design, implementation, maintenance, and certification for all best management practices (cost shared and non cost shared) contained in the attached conservation plan of operation. - (2) Following District cf. ,cation that best management practices. .are properly installed and implemented, provide to the designatedcooperators(s) through the North Carolina Division of Soil and Water Conservation up to 75% of the average cost for each approved best management practice contained in the attached CPO, 100% for practices receiving.incentive payments. Payments will be contingent on prior approval by the Division's NPS Section of the YCPO, any Revisions or Supplements, and Requests for Payment. (Signature) (Applicant) Date (Signature) (Applicant) Date (Signature) (Landowner) Date (Signature) (Landowner) Date District Chair (Signature) ✓�� � `"� Date 4ZS moo + : ` xm � \ / . � ) \ ^ \ \ ; 0 \ ~ } \ 2 ` | \ \ \ cn \ ( zk ( \ ) = 2 ® ; , { } 9k § 2f ; ( k a « \ . ` / ; \ \ ® ( � \ \ \ � \ . \ ( m § j ( § \ } 0 M \ } ; CD ~ \ \ \ \ ) # - ) k § { ) � a rp rp \ 0 > 2 § ; , : ) / \ 0 % mw \ o / A ƒ 0m / } ) } 2 \ ) \ ( \ 70z \ \ ! Z: / 3 / p \ \ ~ � CD \ § 9 > ~ \ \ } e / 0 } \§ ) / ! § ! . ) ) gym § { / \ � / § ( § ; 00] jo ): / � . \ � / # r0 C - \ } ® \ ( \ j @ ) / \ \ z \ \ \ & i \ \ \ \ � \ \ . \/ \ Z } \ ` ` \ } \ _ 2 � § ( ] - \ ( & ) � ( j )o Er � \ \ zXo { 0x a # \ o ! @ ( ( ! Q2 — ; 2 � % c%a m 0 >\\ / \ \ . 2 -< � \ R\ m ` ( � � \ \ .; 21 HIM 2:. avjC a,: r... a.,.- Y.,.. TELLICO TROUT FARM Waste Management System Macon County, North Carolina April 19,2002 COST ESTIMATE Irrigation Pipeline 80 LF 6' PVC SCH40 Pipe $4.60/-F S3F&00 5 EA 6" PVC.SCH40 F-ittirg ^,,2'.00 EA 5`00 00 2800 LF Y PVC SCH4D Pipe 52,05/11_F $5,7 10 00 10 EA 3' P'JC-SCN40 Fitting $3.00 EA $30.00 6 EA 3' Irrraat,cn Hydrant $300 EA, $1,600 OU Quick-Coupled Irrigation Sprinklers 1 EA 1.1/4'Pert Circle $507 EA $500.X Impact Sprinker 1 EA '6' Pan Circle $20 EA $80 00 Impart Sprinkler Pump Station 1 EA Ce�iuugal Pump, EeoVlc Drive SHOD EA 53,000.fII] 10 HF, 230 VAC, 60 Hz, 1 Ph Steel Base and fdotor Starar IRRIGATION 1 EA Centrifugal Pump, Electric Drive $3i500 EA $:?5C0.00 10 HP, 230 VAC. Po Hz, 1 Ph Steel Base and Molor State, AGITATICH 1 EA Elemriral`Hiring by'-'censed Elect icrar 5!;1300.On per Code 100 LF 8"PVC-SCH40 Pipe $8.601,1` $8W 01) 2 EA 8"BUCe+try valve $60D EA $6G0 00 10 EA 8' PVC-SCH40 Fitting $65,02 EA $650.00 3 CY Concrete'or Purnp Station :$15CICY $450.00 1 LA Weather-Proof. Freeze-Proof $800.00 Enclosure for Pump Station Waste Storage Tank 16 CY 4000 PSI Crncrete for Footing S15U/C.\' S2.7C0.00 8 CY 4000 PSI Cttnorate for Floor $1,99ACY $1,20D.00 18 CY 4300 Psi Concrete for Wall $25013Y $4,500.00 3000 LB #5 Steel Reba6 Grade 40 $011pl-e $2,220.00 «1"CNS #57 Washed Stone $1440/TON $3171ID 100 LF 4" HDPE Cori gateo Pipe Performed $1.FOILF $rED.W 300 CY Excavation $2A0/CY $600,00 160 LF Fencing for Safety Around Tam $-. 50/1.F $240.00 1 EA__S2a'ettarJder Instmletl in Tank $300 EA_S300.110) - TOTAL $32,145.00 lU O O 7 'O O N -"OO u y 7 O D DZ o z m O N D N Ol m w WN N -3nM O 1 O m .. nm _ __ ao N z w as A o o' cNrsomm m A - 3 m y0 ,m°. a m 01 0 n W cn m en0. m w m o o 3 N o � � � N m O - omCC � 3 .oN �. 0 2V O ° O G N O O N N w I� O a 3 ' a m w 0 9 z w a $ o ti N o _ "-o s m N ZIQ� y' m ° o .� yo �om o li$ a � r ° � cn � � u � ay o . no w ? �0 mj .3 rnXa m m ° v A x n s -o N m' �co I O DA O l0 N m maoom. ma° �.m3. .0 < z$ 3 m m -y N . ; o vG �° zA 3omo00 o n -, am m Oo -- ? ? 0 O � m ;a n {G) n O. ❑ m �� W (D O � m.O m ZO Z m f ,c (� m D O r`G 'O. x nSm O m N 1 O N � o �70 �' � m azi 0 o 3 � � OA Z o j y N "'wa T p 0 , o, z V1 m n � n' v ? 0 � � n zo 'W g cv D 0 5 ° m vNi m 3 A N <-. O � m� mm I J nG) -a �• o ra ro a m a m m w N 3 = D N N N.O m O Z OO n O 03 o •' o ° a z n m O m � � � m o MZ c cmiy w w N w w ° o m 'm S w N, I \ -{ m OM m m m m m 3 3 0 o m 3 ' �, v � z w O• O tin .� 0 'I'•I ] N, C OT'i O'er A O . Z Z T O O-O O O m _ Z Z R z ➢ ' 0. Dam m 0D m'{o mCO m w O o� p0 \f Xm p N m 0 ➢ \ \ / { \ 3 � � * 14, / ` . ! y , / \ /lip z& \ tj � � / \ % 10004'01 / f 1049270 1049280 1035545 10245M 1024533 10000] �0. 1025223 �P �1000120 `N/yawd\/wWxifikd115 0 94n1 I� FEB 2 9 2008 j L 1�; ' 1000199 55 1049279 1049290 1036546 � 10245M 1024533 f/100007 P� 1025223 loomzo M1I¢'wuhJxivrhulNIS Cw, A10119H 3 ORI Ye. p Jp/11 p &Im 1090199 CP �iEp aid... 1049279 1049200 1036546 �~ 1024534 1024533 10000001 �o P(.�., 1025223 yJ� 19ao�2o llmnuNmflku11109wd .ICI IXR3U36911d. 0 39fl1 0 - 91m e 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 Thomas E. Ort Tellico Trout Farm 3980 Tellico Rd Franklin,NC 28734 Subject: Renewal Notice/General Permit NCG530000 Certificate of Coverage NCG530071 Macon 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 CPR 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 membersl 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 ydtlr n$.tentQp,jb thla matte,{;,,, , Sincerely, Charles H.Weaver,Jr, JAN j 2007 NPDES Unit o rr i�t Ir cc: Central Files ! ' i V.t i G it _ Asheville Regional Office./Larry Froad NPDES file 1617 Mail Service Center,Raleigh,North Carolina 276991 512 North Salisbury Street,Raleigh,North Carolina 27604 N(((lllnllre��fttt���lCarolt a Phone: 919 733-5083,extension 511/FAX 919 733-0719/chades.weaverOncmail.net .2'A"'��N�� An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper (((!!!/�YYa L ur+IFR Michael F.Easley,Govaraor William G.Ross Jr.,Secretary \QG North Carolina Department of Environment and Natural Resources WDUQ)! Alan W.Klimek, P.E. Director y Division ofWater Quality Y Asheville Regional Office SURFACE WATER PROTECTION July 24, 2006 FILE COPY Mr. Thomas Oft 3980 Tellico Road Franklin, North Carolina 28734 SUBJECT: Compliance Evaluation Inspection Tellico Trout Farm Permit No: NCG530071 Macon County Dear Mr. Ort: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on July 20, 2006. Mr. Keith Haynes and I, of the Asheville Regional Office, conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit NCG530071. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please call me at 828-296-4500. Sincerely, �� �/,G_ L y F osP t E vironmental Engineer Enclosure cc: NPDES Unit Central Files Asheville files IJ, ihcaYlmlina tlll ��lf 2090 U.S. Highway 70,Swennanoa,NC 28778 Telephone:(828)296-45g0 Fax:(828)299-7043 Customer Service 1 877 623-6748 United states Environmental Proration Agancy FF � pprovetl. EPA Washington D.C.2D4so o2040-006] WaterCom liance Ins ection Re ort al expiresB-3198 Section A: National Data System Coding(i,e„ PCS) Transaction Code NPDES tool Inspection Type Inspector Fac Type 1 Ind 2 ,i 31 mcc530071 111 121 06/07/2D 17 18IrI 191 cl 201 LJ lJ Remarks G GI L.J 2111111111111111111111I111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evolualicn Rating B1 CA -----------------------Reserved---------------- 61I 1 69 ]ol Ll I 711 ]21 NI 13I I 74 75I 11 1 1 I 1 I80 Section B: Fac[gyy Data L LJJ Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTWnama and NPDES permit Number) Tellico Trout Farm 11:00 are 06/07/20 02/08/01 3980 Tellico ad Exit Tlme/Date Rating Explraken Date Franklin NC 28734 11:15 AN 06/07/20 07/07/31 Names)of Onsge RepresentatIve(st Tllles(s)/Phone and Fax Numbers) Other Facility Data Name,Address of Responsible Offcial/Tide/Phone and Fax Number Thomas E Ort,3980 Tellico Rd Franklin RC 2B]34//828-349-9034/B2B5246n610ac81etl Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Facility Site Review Section D: Summary of Findin /Comments Attach additional sheets of narrative and checklists as necessa (See attachment summary) Names)and Signatures)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Larry Frost ARO WQ//828-296-4500 Ext.4658/ Keith Haynes ARO W0//828-296-4500/ -77-A.66 Signature of Management A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards 1W All Wp//828-296-4500/ Z EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3� NOG530 TTL �11 � 06/07/20 " 16Ld Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This facility appears to be operating properly and is well maintained.A portion of the raceways are not currently in use. Remember to complete your annual monitoring, although, the results do not have to be submittted they must be kept for 3 years and may be requested for review at any time by the Division. i it Page# 2 i State of North Carolina WIFA Department of Environment �,, • : and Natural Resources r Division of Water Quality Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 11/26/2001 THOMAS F ORT TELLICO TROUT FARM - 3980 TELLICO RD FRANKLIN, NC 28734 Subject: NPDES Wastewater Permit Coverage Renewal Tellico Trout Farm COC Number NCG530071 Macon 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 theenelosed 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, 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 t nnite0tates Environmental Protection Agency EPA Washington,o C.20460 Form Approved ON No.2040-005] Water Com II nce I s ectl n Report Approval expires 6-31-98 Section A. National Data System Coding (i.e., PCS) T�ra�n��saction Code NPD ES yr/mo/day Inspection Type Inspector Fee Type LJ 1 2 U 31 IgUWA0091 11 121 09/06/10 17 18L 19us 20L Remarks 211111111111111111111111 TlsIIIIIIIIIIIIIIIIIIIII16E Inspection Work Days Facility Self-Monitoring Evaluation Rating Bi CA,,J� --Reserved-------------------- 67I 1 69 70 LI 71 LI 72 LC 73 W 74 75 1 I I I 1 1 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Teti o r oot eavo 09_9 t 05/O F/9.0 02/08/01 3980 Tellico Rd Exit Time/Date Permit Expiration Date �Fraoklln NC 29739 0:2't n 05/06/10 07/07/31 Names)of Onsite Representative(s)Ritles(s)/Phone and Fax Numbers) Other Facility Data i Name,Address of Responsible Official/Title/Phone and Fax Number Thomas N Ont,3980 IfelI ,= Rd [ o &C J,9/t4//a2a-349-90341828524(ntcted Section C'. Areas Evaluated During Inspection (Check only those areas evaluated) Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Names)and Signatures)of nsp r(s) Agency/Office/Phone and Fax Numbers Date Lanny Frost P.RO w0//020-296-4500 llsL.48 �( Y/Os Sig nature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Dale EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. i NPDES yr/mo/day Inspection Type (cant.) 1 3� NCG530071 i11 12L 05/n6/. � 17 18Lj Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Thia nt,act oo way iiadc r _i c To a c.omflaint £coin a dow, t .i IH:z ,rl, that thu faoility all j ndih , they c muddying th taeam and that fii,l, ,-A ee.. bei.'.g _ �,.D tl e e,,adm, At the time of the rn,,t'-o th- farn, ne y dl rl trgt t ,th,x .v..dence 'n the water,n' i. Idl.ding OAd,), t1mTd had be, Bank + k i and Mr. Halxia 1 Lu ,al c.tesine if it ad dune wil[hwt ....St., and Ihecr _ _ ,�Hiay aadt to Yho 11ID n3 z ! a3c 1 _n. tht xPt, kex 2004 SLDtMS) but no expanlio,', un��_ cy. The £axn, aBFea[e tD bH ned d DPe�ati.n9 P Dpeib/. Fall.w mcat" to be node by Mx:. Haynes A. y� Pace Analy ical Services, Inc. O]! � 225 Rwer5v:P 0,we 'G ce Aln Ran 1`dll tic l' As.e,'ie NC 78804 www.pace/ads.com '• '; Pnu.e 828254 7:76 "- u F, 6282524618 ANALYTICAL REPORT FOR PRIVATE WATER SYSTEMS State certified laboratory ID#. 37712 aah Check No. �t41�1P47°"' RESULTS T0: _ Project No. 1CIlIC J"er 1�25 � Sample No. g a Tp i Ie.c, Rom TELEPHONE: ( RZY I 54N- 9D'54 FAX: ( J Collected On: .11�01 bz- _ meem.eaY.ranrflme: — 1) e-t s t IA Location Where Collected: ( e r En - 6,rCLL lA e e a oratory 7nalyses Requested: Cn«Y Def«Uon Allowable Neca rpwcbd Laf)r RESULT Limftt• Bacteria: Total Coliform Present/Absent _ Fecal Coliform Present/Absent ( I Sample does meet State bactenclogical standards. 1 1 Sample does not meet Slate bacteriological standards. ------------------------------------------______________ Nitrate I OmgrL lomgrL Nitrite 0 02 mglL lmga Copper b 005'mgA.'... � 13 mgd. Iron 0.05 mgIL 03 mgrL Lead 0.005nv/L 0.015 mga Fluoride _ 0.1mgt AOmgh Other chemistry S D L1=0, l _ oeuRaponeJ1�] �o� cam er C3LI(2Pig 9��x➢� C LT a Less Than I PaceAnalVlq RavenscroltOB e aeeAnalytieal SAsheville, NC 28601 www.pacelabc.Cam Phone:028.254.7176 Lab Project Number: 9333930 Fax:820.254.4678 Client Project ID: TELLICO ENTERPRISES .an Sample No: 931385850 Project Sample Number: 9333930-001 Date Collected: 10/25/02 08:00 ;lient Sample ID: TELLICO ENT Matrix: Water Date Received. 10/30/02 11:00 Parameters . .Results Units Report Limit Analyzed By CAS No. Qual ReoLmt Wet Chemistry Total Suspended Solids Method: EPA 160.2 Total Suspended Solids::'- 5.5 mg/1 5.0 11/O1/02 WCB Date: urosroz Poge: 1 or 2 Laboratory Certification IDs REPORT OF LABORATORY ANALYSIS Laboratory Certinc6on IDS NO Wastewater 40 IN Drinking Water 02980 NO Drinking Water 37712 This report shall not he reprotlucetl,except in full, SC Environmental 99030 without the written consent of Pace Analytical Services,Inc. s'LiLe( r State North Carolina Department of Environrrlent and Natural Resources A Division of Water Quality James B. Hunt, Jr., Governor aj Jonathan Howes, Secretary NC DENR A. Preston Howard, Jr., P.E., Director March 26, 1998 Thomas F. Ort Tellico Trout Farm 3980 Tellico Road Franklin,NC 28734 Subject: Certificate of Coverage No. NCG530071 Renewal of General Permit Tellico Trout Farm Macon 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 Unit at the address below. Sincerely, A.Preston Howard,Jr.,P.E. cc: Central Files Asheville Regional Office NPDES Unit Compliance Enforcement Unit r P.O. Box 29535, Raleigh,North Carolina 27626.0536 (919)733-5083 FAX(919)733-0719 nu@h2o.mr.state.nc.us An Equal Opportunity Affirmative Action Employer 50%recycled /10%post-consumer paper s (")STATE OF NORTH CAROLINA(-) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO.NCG530000 CERTIFICATE OF COVERAGE NO. NCG530071 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, Tellico Trout Farm is hereby authorized to operate a facility which discharges wastewater from a fish farm or from seafood packing &rinsing operations and similar wastewaters from a facility located at 3980 Tellico Road Franklin Macon County to receiving waters designated as subbasin 40402 in the little Tennessee River Basin in accordance with the effluent limitations,monitoring requirements,and other conditions set forth in Parts I,If,III and IV of General Permit No.NCG530000 as attached. This certificate of coverage shall become effective March 26, 1998. This certificate of coverage shall remain in effect for the duration of the General Permit. Signed this day Much 26, 1998. Preston Howard, Jr., P.E., Director &_ Division of Water {Quality By Authority of the Environmental Management Commission f3E(iEIVEG NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, ���` AND NATURAL RESOURCES H+ AUG 2 G 1997 DIVISION OF ENVIRONMENTAL QUALITESECTIONAGEMENT ply h(f S 199/ JIA ENWRONNENTALSCIENCES P.O. Box 27687 Raleigh, N.C. 27611 S��QU,14/ „ I� TROUT FARM QUESTIONNAIRE/APPLICATION 1. Legal name of applicant: _ 1 Z. Mailing Address %eA( � 91.. Street, Route, or P.O. Box No. Y/7ST�(�ic� City of Town County Ms c:, n State rV L Zip Code F'>g ``-01 '. 3. Telephone number -'7v 41365 - 8pa `fo`f�S-/� - /�33 i 4. Name of facility 5. Ownership (check one) ?�C t�ico `tNT£RP415ES} 1fJ O, a. Government b. Private c. Both Government and private 6. Is this facility, ocated on tribal lands? Yes No K, V 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 _ ✓V '� c-O, 10. Give directions to this facility from the nearest Town (use road numbers and mileage between points) �Co �rrn lG1'.-. r Aa E> — l-- f T l l R — y 'les t o C .Cs ti) . AUG Po 1997 CACILITICS AMFOO RENT UNIT / 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 facility with the following information marked: a. Approximate overall dimensions of the facility. b. Direction and location of surface drainage and other discharges from the facility. c. General location of streams in the area. d. Location of area for manure disposal. e. Discharge location. 12. - Name of stream receiving discharge 1ek:co C r.-"L 13. Which type of system(s) do you use? (check one or more) a. Ponds b. Raceways X c. Water recycling d. Oxygen injection e. Mechanical aeration 14, Describe your manure management system (e.g. direct discharge or land application method, frequency of application, acres available, collection system, storage capacity, etc. ) S +L-�( .y.rn nSi.Yi . ✓I7C v��..re �rGm�✓z c r-, gS�. nS ce�SC� e kg' 4' e' <J 5- ccraS . 1 15. Do you know of other trout farms which use the same stream? Yes No If yes list nam of facilities 16. What is the estimated low flow of the receiving stream /DUU -G Or ( ,n gallons per minute 17. What is the estimated discharge flow rate to the receiving stream? Give low to high range. 900 — 200o gallons per minute 18. Is there a discharge from the facility at least 30 days per year? Yes X No 19. How much trout is produced per year? pt unds per year i ~I Trout Farm Questionnaire/Application Page Three of Three 20. What is the estimated total production capacity of the facility after any proposed expansions? /$-a4060 pounds per year Date of proposed expansion (mo/yr) /y fq 21. Do you feed more than 5,000 pounds of feed during the calendar month of maximum feeding? Yes X No 22. Do you process trout for sale at this facility? Yes No X— If yes, please describe .how you handle the processing wastewater. i i i 23. Have you ever applied for a state water pollution control permit (NPDES permit) for this facility? Yes No _X 24. If a state water pollution control permit for this facility has been issued, give date and permit number. a. Date of issuance (mo/dy/yr) b. Permit number 25. Have you received, from any level of government, written notice of complaint pertaining to water pollution from this facility? Yes No 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. -���� (ikl-rREw `Jrt �w�nzr Prin me erson signing Title Fs Sign of tp i ant Date' a plication 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. C IM1.. Slile, — jn llZ9 > J— fln\v aan vo v Cult', Pu.x s 111 L�� h1°6° a = T6NNE5 _ �P Pn Mlll — � 2, k1aB 1— >h f' P lltf f J4 V Crrck 5nv. f� �'6a •� la S Sa wq I his LVN CNOe 1 ° .19 mom/ wa�awa �.�.�•.� 2 0P LV➢ !� 1 Ge n � Raee x°Ily h^^ G \a e> KO —E 5 �9Y gI PW VL 'FI aY L � t( a Y -14 "I �y liil XeAuvVle REFUGE I O' '�uu yla�nul Se A' Ga A emF, DGBSON Haw �S a.° Rrvr eM G _ e'GneL. � l)N NOAM1 Frvnf Brq �`q 'TR+eaah b IhLPSA/An yiy ,S I— 1e. , FALLS PL G z 8TA DINo pM eb n< o•P' n rq qu 63l G.ad'' n uu wa, uu x �Me 3y INDIAN WILDLIFE 3 poA` y�nf01P l� to �� xe Ro O A,. _ e. . !'k ` N «+;(td p• MANAGEMEMy yDrvma"' E > ;E rj VA ( y <, A W ,y 10 AREA J 3 C��-elc �aUcs1..)UM S hw�A,zxlPo X2 / n� i 1� - i FACILITY COUNTY _ _ CLASS MAILING ADDRESS RESPONSIBLE FACILITY OPERATOR OFFICIAL REPRESENTATIVE TELEPHONE NO. WHERE LOCATED CERT. NUMBER CLASS NPDES PERMIT NUMBER NC OTHER PERMIT NO. STATE FEDERAL DATE ISSUED DATE ISSUED EXPIRATION DATE STREAM: NAME CLASS 7QI0 SUB-BASIN i of North Carolina n apartment of Environment, Health and Natural Resources � • �/� Division of Environmental Management James B. Hunt, Jr., Governor e o Jonathan B. Howes, Secretary FEE , p A. Preston Howard, Jr., P.E., Director G , V r1 September 30,1993 DEBRA.A. SLOAN TELLICO TROUT FARM _ 447 TELLICO ROAD FRANKLIN NC 28734 Subject: TELLICO TROUT PARM Certificate of Coverage NCG530071 General Permit NCG530000 Formerly NPDES Permit NC0078832 Macon 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 NC0078832. This Certificate of Coverage is issued pursuant to the requirements of North Carolina and the US Environmental Protection Agency Memorandum of Agreement dated December 6,1983 and as subsequently amended. If any parts,measurement frequencies or sampling requirements contained in this general permit are unacceptable to you,you have the right to submit an individual permit application,associated processing fee and letter requesting coverage under an individual permit. Unless such demand is made,this decision shall be final and binding. Please take notice this Certificate of Coverage is not transferable. Part 11,E.4. addresses the requirements to be followed in case of change of ownership or control of this discharge. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action,including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. Construction of any wastewater treatment facilities will require issuance of an Authorization to Construct from this Division. Failure to abide by the requirements contained in this Certificate of Coverage and respective general permit may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. Please note that the general permit does require monitoring in accordance with federal law. The monitoring data is not required to be submitted to the Division unless specifically requested,however,the permittee is required to maintain all records for a period of at least three (3) years. Post Office Box 29535,Raleigh,North Carolina 27626-0335 Telephone(919)733-5083 FAX(919)733-9919 An Equal Opportunity Affirmative Action Employer 50%recycled-10%post-consumer paper age 2' DEBRA A. SLOAN TELLICO TROUT FARM Certificate of Coverage No.NCG530071 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. S A.Preston How- , r.,P.E. cc: Asheville Regional Office Central Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT,HEALTH,AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMITNO. NCG530000 CERTIFICATE OF COVERAGE No.NCG530071 _ 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, TELLICO TROUT FARM is hereby authorized to discharge seafood packing and rinsing,fish farm or similiar wastewaters from a facility located at TELLICO TROUT FARM Macon County to receiving waters designated as the TELLICO CREEK/LITTLE TENN RIVER BASI in accordance with the effluent limitations,monitoring requirements,and other conditions set forth in Parts I,IL III and N of General Permit No. NCG530000 as attached. This certificate of coverage shall become effective November 1, 1993. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day,September 30, 1993. DPreston Howar r.,P.E.,Director ,ivision of Environmental Management By Authority of the Environmental Management Commission Nanta la Power and Light Company Corresponding Office August 2, 1991 Rr:. C4li"F: CD 4Jnter QunLf'p SecCion Ms. Debra A. Sloan AUG _ �1 ���� TELLICO TROUT, INC. 447 Tellico Road Franklin, North Carolina 28734 ,Asheville Regional OFEifs Dear Ms. Sloan: ,Asheville, Barth Cnrollnn Your letter of July 14, 1991 to W. S. Lee identified concerns you have about the power line Nantahala Power and Light Company is replacing on and above your property. Nantahala contracted with Duke Power Company to construct this line, but Nantahala is the owner and, therefore, ultimately responsible for the project. Consequently, Mr. Lee forwarded your letter to . me and asked that I address the concerns you mentioned: 1 . Sedimentation I understand that on July 11 , 1991 you were given data collected by Duke Power biologists indicating that sedimentation in Tellico Creek has not measurably increased due to the power line construction. In November 1990, prior to any construction, these biologists began a thorough water quality sampling program to determine the existing condition of the creeks in the area and to serve as a "baseline" against which to measure any changes during construction. This testing indicated that sedimentation in the creek at your raceway intake primarily results from Old Tellico Road (SR 1408), and runoff across agricultural properties above you. Since construction began above your property, erosion control measures for access roads and tower locations have been very effective, as substantiated by the ongoing sampling data. Some soil movement on the construction sites has occurred during heavy rains but the erasion control measures have prevented movement beyond the perimeter of these areas, in other words the construction is not contributing to sedimentation at your raceways. The existing sampling stations in Tellico Creek continue to be monitored and others are being installed, in Tellico Creek and other streams, as the project progresses. This aggressive sampling will allow detection of any changes from the pre-construction sedimentation levels in Tellico Creek. Nantahala will see to it that corrective action is taken if any adverse changes result from the line construction. We are aware that you have had concerns over the years about sedimentation and we will try to employ construction methods which will not worsen the situation. On a recent transmission line construction project, in rugged terrain steeper than that of the Tellico Creek drainage, the erosion control measures being used on this project were extremely successful . We General Off ice 17 .,Csti cve_. • n.o. Eor2 « n, i:._�:- _ Ms. Debra A. Sloan August 2, 1991 Page 2 believe that these proven measures will continue to.adequately control the potential for sediment impacts on this project. An added measure to protect Tellico Creel; is planned. We propose a minor line relocation above your property which will reduce the number of Tellico Creek crossings and allow a wider buffer zone between the line and creek. The tower access roads along this proposed segment have been carefully planned to avoid stream crossings as well . The erosion control plans now being implemented were reviewed and approved by the North Carolina Department of Health, Environment and Natural Resources and the U. S. Army Corps of Engineers. 2. Anakeesta (High Sulphur Content Rock) We became aware of the possible occurrence of "Anakeesta" rock in isolated areas along the power lines' route eel-ly in the planning process. Duke's geologist conducted detailed - ield surveys over the e�itire length of the line, obtained rock samples and prepared geological maps showing the 'Anakeesta" locations. The samples were chemically analyzed for sulphur content and acid-producing potential . Also, water chemistry was conducted on streams crossed by the line to evaluate their sensitivity to runoff from acid-producing materials. The tests show that the watershed east of .Tellico Gap, which includes Tellico Creek, has limited amounts of acid-producing rock and that it has relatively low sulphur content. The streams in this watershed have pH levels and buffering capacities which are typical for Appalachian streams. Because of these conditions, the potential for adverse impacts to the streams' existing water chemistry in this watershed is very low. Nevertheless, detailed Flans have been formulatd to treat any disturbed acid-producing material as if it ha,d high impact potential . The plans are based on research conducted at the University of Tennessee, for the United States Department of Transportation, by Dr. Don W. Dyerly. His research resulted in published guidelines for the treatment of acid-producing rocks. Dr. Byerly is currently reviewin{ our data and planned measures for handling the zbid-producing materials to assess their effectiveness before our construction disturbs any acid-producing msteri_.1. Our final plans will include any recommendations he has, 1 feel this process is proactive and addresses the issue with proper precaution. Additionally, the Forest Service geologist that has reviewed our planned activities confirms that the acid-producing material quickly crusts over after disturbance, effectively sealing any further acidic drainage. Ongoing maintenance activities will not disturb these rock formations in the future. Ms. Debra A. Sloan August 2, 1991 Page 3 3. Unarading Old Tellico Road Old Tellico Road (SR- 1408) is essential for access to the project. In fact, its passability is critical in terms of maintaining our existing sower line. While planning this project, we became aware that the roa? could not support necessary construction traffic without widening and ger:ral improvements, including gravel paving over a 3.8 mile section east of Tellico .Gap. Because of the presence of "Anakeesta" 'and to protect the Tellico Creek watershed properly, grading will be limited to widening sharp switchbacks and improvements to existing road drainage conditions. We project that erosion which is now occurring because of its present condition ,,ill be sharply reduced. Present estimates indicate that less than 400 cubic yards of earth will be disturbed for road grading activities. 4. Automated System to Adiust pH Duke installed a pH monitor on Tellico Creek on July 22, 1991 , to collect water chemistry data prior to any disturbance of acid- producing material in the watershed. Plans call for additi<.:ial pH meters to be installed at various locations but we have no clans to install an automatic pH adjusting device because the studies indicate the likelihood for impact is low. We believe the data collected from the pH meter will verify the adequacy of our plans to manage acid- producing material in the Tellico watershed until. it naturally crusts over. Ms. Sloan, we understand your concerns. We will continue to monitor sedimentation impacts and water chemistry in Tellico Creek and encourage you to continue your monitoring. We will be happy to share our research and data with you. A close working relationship will be helpful for us during this project. We do not believe you will experience higher than normal fish mortality as a result of our activity but, if you do for any reason, we >:ould like to obtain specimens for examination. I hope I have adequately addressed your concerns. Please feel free to call me at (704) 524-2121 if you have questions. Sincerely, N,, 'TAHALA POWER A14D LIGHT COMPANY N. E. TUCKER. JR. Executive Vice President NETJr/sh bc: Bill Coley - Duke Eddie Poe - Duke Dwight Hollifield - Duke Lisa Sheppard - State of NC Gary Tweed - State of NC E, N. Hedgepeth RECEIVED Water Water Quality , 3 e mot, JAN 2 ? IY)l State of North Carolina ,Asheville Regional office Department of Environment, Health, and Natural Resougdeslle,norm Carolina Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G.Martin,Governor George T.Everett,Ph.D. Wiliam W.Cobey,Jr.,Secretary Director January 16, 1991 Mrs. Debra A. Sloan 447 Tellico Road Franklin, NC 28734 ' Subject: Permit No. NCO078832 Tellico Trout Farm Macon County Dear Mrs. Sloan In accordance with your application for discharge permit received on March 13, 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. Jule . Shanklin at telephone number 919/733-5083. . Sincerely, Original signed by Date Overcash for George T. Everett cc: Mr. Jim Patrick, EPA ;Asheville Regional Office Pollution Pr orlon Pays P.O.Box 27687,Raleigh,Nonh Carolina 1 7611-7 68 7 Telephone 919-733-7015 An Final Onnn,hmiNAI&mae Arann Fmnln r Permit No. NCO078832 STATE OF NORTH CAROLINA DEPAFTTMENT 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, Debra A. Sloan is hereby authorized to discharge wastewater from a facility located at Tellico Trout Farm - 447 Tellico Road(NCSR 1365) northwest of Franklin Macon County to receiving waters designated as Tellico Creek in the Little Tennessee 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 January 16, 1991 This permit and the authorization to discharge shall expire at midnight on March31, 1995 Signed this day January 16, 1991 (dd BnB Biped by toa4e t$vetcash fw, George T.Everett,Director Division of Environmental Management By Authority of the Environmental Management Commission n n Permit No. NCO078832 SUPPLEMENT TO PERMIT COVER SHEET Debra A. Sloan is hereby authorized to: 1. Continue to operate an existing fish farming facility with vacuum manure removal equipment located at Tellico Trout Farm,447 Tellico Road(NCSR 1365), northwest of Franklin,Macon County (See Part III of this Permit),and 2. Discharge from said treatment works at the location specified on the attached map into Tellico Creek which is classified Class C-Trout waters in the Little Tennessee River Basin. / a Hu ; \ 10, CV pq ) ) ; i {■ _ ; § ) . ¥ • � . 94 . . \ I\ \ QP� cc ! \ \ 1Na 0 tc IN , , sa ekV Ilico -`. o i fix/ 0 I ae 0 0 / 3904^ 1 0 35°15' j32'30" .°69 z70 ..�°._o.o.ov�� .'j11 v.r..v...�.v,o..o=.:v.z 272owm.E. 83 83°30' _ m r[ ROAD CLASSIFICATION (WA 156 SE) mh Heavy duty ....... � Poor motor road Medium duty ....... � Wagon and jee0 track____ M0. .. KENTUCKT ..VA. Light dutY .........._ Fool trail .......... TEN NESSEE ;NC. ' C3 U. S. Route O Slate Route MISS. 'ALA GA� S.0 QUADRANGLE LOCATION WESSER, N.C. PART Section 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. !�l n Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A DEFINITION 1. Pemtit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or"the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act,as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge' is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average' in Part I of the permit. b. The "weekly average discharge' is defined as the total mass of all daily discharges sampled and/or measured during the calendar week(Sunday- Saturday)on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum,"in Part I of the permit. n 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 Pan 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. Tvpes of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1)above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4)during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Part 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 Dav A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1)of the Clean Water Act. SECTION& GENERAL CONDITIONS 1. Duty to Comply The pemdttee 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)] n Part II 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 .iabiliry Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the pemuttee from any responsibilities,liabilities,or penalties to which the permittee is or may be subject to under NCOS 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. Pmnerty 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. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 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 Reaooly 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 11 Page 6 of 14 10. gyration 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 "0 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 per attee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Req airy ementR 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 11 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 Reisgaimce.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 govem discharges from this facility. SECTION C OPERATION AND MAINTENANCE nE POLLUTION r rTION CONTROLS 1. Cgrfifigd 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. n Pan II Page 8 of 14 2. Pmper 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 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 Facilifieq 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. UAL 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 requited 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. n 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. RUresentative 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 betaken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall betaken 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. ftorting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (I)MR) Form (DEM No. MR I, 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 n Part fl Page 11 of 14 3. Flow Measurement - 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 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 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 Tampering 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. Rrmlding Results For each measurement or sample taken pursuant to the requirements of this permit, the pemtittee 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 I. The results of such analyses. Pan II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law,to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this pemilt; 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. Chanee 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 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 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 Noncom lice 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 H.E. 6. of this permit. 8. Other Information - Where the permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information. Part II Page 14 of 14 9. Noncomoliance Notification The pemdttee 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 Reports 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. n n 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. Chatures 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'; (I) One hundred micrograms per liter(100 ug/I); (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(I 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. NCO078832 D. Upon findings by the Division of Environmental Management that impacts on the receiving stream by the operation of this facility are sufficient to cause violations of water quality standards, this permit shall be revoked and reissued, or, modified to require such measures, including but not limited to, monitoring and reporting, initiation of specific management practices, or construction and operation of additional treatment facilities. E. There shall be no additional construction for the purpose of increasing production at this facility without prior approval by the Division. PART TV ANNUAL ADMINISTERING AND COMPLIANCE PEE 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. n 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. rin a name Date Signed igna ure Date. '"-�i�, 3 1990 VZ— NPDES STAFF REPORT AND RECOMMENDATIONS County: Macon NPDES Permit No. NCO078832 PART I - GENERAL INFORMATION 1. Facility and Address: Tellico Trout Farm Debra A. Sloan, President 447 Tellico Road Franklin, N. C. 28734 2 . Date of Investigation: April 2, 1990 3. Report Prepared By: W. E. Anderson lX 4. Persons Contacted and Telephone Number: Debra A. Sloan 704-524-5783 704-524-5020 5. Directions to Site: From the intersection of NC Hwy 28 and NCSR 1455, north of Franklin, travel 0. 1 mi on NCSR 1455 to NCSR 1370. Turn right on NCSR 1370 and travel 0. 6 mi to NCSR 1369 . Turn right on NCSR 1369 and travel 0.9 mi .to NCSR 1365 . Turn left on NCSR 1365 and travel approximately 2 mi. to Tellico Trout Farm on the right. 6. Discharge Point - Latitude: 35016'35" Longitude: 83031'27" Attached a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No. 158-SE(F4SE) or USGS Quad Name_Wesser 7. Size (land available for expansion and upgrading) : N/A S. Topography (relationship to flood plain included) : Sloping, in flood plain 9. Location of nearest dwelling: N/A 10. Receiving stream or affected surface waters: Tellico Creek a. Classifications: "(.-Tr. " b.b. River Basin and Subbasin No. : Little Tennessee 040402 C. Describe receiving stream features and pertinent downstream uses: Tellico Creek flows into the Little Tennessee River upstream from Fontana Lake. It is used for fish propagation and secondary recreation. .dT II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: % Domestic 100 % Industrial a. Volume of Wastewater: 1 . 44 MOD - b. Types and quantities of industrial wastewater: 1.4 MOD from trout farm raceways C. Prevalent toxic constituents in wastewater: None d. Pretreatment Program (POTWs only) N/A in development approved should be required _ not needed 2. Production rates (industrial discharges only) in pounds 200,000 to 300,000 pounds of trout per year Feeding more than 5,000 pounds of feed per month 3. Description of industrial process (for industries only) and applicable CFR Part and Subpart: This is a Concentrated Aquatic Animal Production Facility. 40CFR 122 .24 4. Type of treatment (specify whether proposed or existing) : This is an existing trout farm using settling to remove manure. 5 . Sludge handling and disposal scheme: The facility uses a vacuum cleaner type removal of settled manure with land application 6. Treatment plant classification: N/A 7 . SIC Code(s) 0279 Wastewater Code(s) 29 _ _ PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? N/A 2. Special monitoring requests: None 3 . Additional effluent limits requests: None 4. Other: PART IV - EVALUATION AND RECOMMENDATIONS It is recommended that the permit be issued with the following conditions: 1. This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. 2 . Upon findings by the Division of Environmental Management that impacts on the receiving stream caused 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 waste treatment facilities. If you have any questions, please let me know. Signature of Report Preparer 4��ble� - ater Quality Regional Supervisor "JI1� 1� � 7)✓ � ` 17'30" o f a 1 �eoo Tellico _ � _ zz66 �`b gut 7 TA Y� V 32'30" 169 Iz7p ,.Ea�ow_�.mo��= ...��.�.o. o� �orz 35°15' —� MiLI ROAD CLASSIFICATION 0" Is6 TE) i Heavy.did, ._.. Poo, motor road ,. 'a�a VA Medium duty Wagonand jee0^racN _NiUCNY VA LigM1l-0WY Foof^trailSSEE� NCp U. S. Rot \l State R.Lu,GA S C fENN. 37902, OUAORANGLF LOCATION WESSER, N.C. T N3515—W8330 7.5 1961 AMS 42541 SE SERIES V842 145t CtiI< V r 1 I t E f V E D W,in QI by Seehbn Asheville Regional•Office 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 3/14/90 George T. Everett, Ph.D. William W. Cobey,Jr., Secretary Director Debra A. Sloan, President Debra A. Sloan Subject : NPDES Permit Application 447 Tellico Road NPDES Permit No.NC0078832 Franklin, NC 28734 Tellico Trout Farm Dear Ms. Sloan : Macon County This is to acknowledge receipt of the following documents on march 13, 1990: _ Application Form _ Engineering Proposal (for proposed control facilities) , _ Request for permit renewal, Application Processing Fee of Other Questionaire/Application, 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 Jule Shanklin (919/733-5083) of our Permits Unit for review. You wiii be advised of 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 . S 1"'Icerely�� In CC: Asheville Regional office M. Ple Overcash, P .E. Pollution Prevention Pays RO. Bco 27687, Raleigh, North Carolina 276117687 Telephone 9I973370I5 An Equal Opportunity Arfirrmav Action Employer n NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES } DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION P.O. . Box 27687 Raleigh, N.C. 27611 �'frl 1 3 iddU TROUT FARM QUESTIONNAIRE/APPLICATION PRNll i'o 2, �'+!i:iFif`rIM: 1 . Legal name of applicant: Debra A . Sloan - 2. Mailing Address Street, Route, or P.O. Box No. 447 Tellico Road City of Town Franklin County Marnn State Nn,^rh ra rnlina Zip Code 28734 3. Telephone number 704/524- 5783 or 524-5020 4. Name of facility Tel lirn Trnnr 5. Ownership (check one) a. Government b. Private XX _ C. Both Government and private 6. Is this facility located on tribal lands? Yes _ No XX 7 . Is this facility (check one) a. Existing XX b. Proposed 8. Date facility was or will be constructed. (mo/yr) -IX.- 1986 9. Location of facility a. City/Town (as applicable) Franklin b. County Marnn 10. Give directions to this facility from the nearest Town (use road numbers and mileage between points) From Franklin f-ejlew N^2H Nnrrh rownrdc Bryson firyapprox 12 miles to i at Rrndge on St - Rd . 1365 Turn left across Lost Bridge & after rrnssing rho hridge r„rn righr . rhen follow the road our miles lip inrn rh,o valley. Three miles of the road is paved and the last mile is gravel The farm is s, rro , ded by rock walls and has ce v e.sa.l-o"tbuil d in!'s 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 facility with the following information marked: a. Approximate overall dimensions of the facility. b. Direction and location of surface drainage and other discharges from the facility. C. General location of streams in the area. d. Location of area for manure disposal. e. Discharge location. 12 . Name of stream receiving discharge TPlIi^^ ereek 13 . Which type of system(s) do you use? (check one or more) a. Ponds XX b. Raceways XX C. Water recycling d. Oxygen injection e. Mechanical aeration 14. Describe your manure management system (e.g. direct discharge or land application method, frequency of application, acres available, collection system, storage capacity, etc. ) Solide are settled in two places: the old odd shaped concrete ponha and the dirt pond at the end of the system in the lower set of raceways . At present we apply solids to pastures when We are working on a dasign to settle in holding; ponds . 15 . Do you know of other trout farms which use the same stream? Yes No . XX If yes , list name of facilities 16 . What is the estimated low flow of the receiving stream , loan gallons per minute 17 . What is the estimated discharge flow rate to the receiving stream? Give low to high range. 1000 - 3000 gallons per minute water folowing through ' the systems . 18. Is there a discharge from the facility at least 30 days per year? Yes XX No 19 . How much trout is produced per year? 200000 - 300000 pounds per year , 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) 21. Do you feed more than 5 ,000 pounds of feed during the calendar month of maximum feeding? Yes XX No 22 . Do you process trout for sale at this facility? Yes No xx 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 YY No 24. If a state water pollution control permit for this facility has been issued, give date and permit number. a. Date of issuance (mo/dy/yr) b. Permit number 25. Have you received, from any level of government, written notice of complaint pertaining to water pollution from this facility? Yes No YY 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. DEBRA A . SLOAN PRESIDENT Printed (name of person signing Title March 10 , 1990 .Signature o applicant 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 . AN M o 03 CT ............ Iv 1Irl0,V 10 XL in STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG530000 To discharge seafood packing and rinsing, fish farm, and similar wastewaters under the NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NPDES In compliance with the provisions 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,this permit is hereby issued to all owners or operators, hereafter Permittees,covered by this permit as evidenced by receipt of a Certificate of Coverage issued by the Environmental Management Commission to allow the discharge of wastewater in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III and IV hereof. This permit shall become effective August 1, 2007. This permit shall expire at midnight on July 31, 2012. ORIGINAL SIGNED BY GIL VINZANI Coleen Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission General Permit NCG530000 PART MONITORING,CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Page I of 13 Pages 1 O O LN VJ 0•C ,^ � O � � � � A R > fy ng y1 '. mv� d o owl �. 3� .. o � -S o nq W > v we°O . 0 � v = � � e6161 � eaO � ^O ��o' aE 44 :isizz cd4 m o o v o ° �ranb� General Permit NCG530000 PART I SECTION B. SCHEDULE OF COMPLIANCE 1. The Permittee shall comply with Final Effluent Limitations by the effective date of the Certificate of Coverage. 2 l&¢nmmtte¢a ,all at'all times[fjovide the planning,scheduling and maintenance-deeessary to opirrae the existing facilities rn-a000rdad¢e with Pun-II:C,i,-of this permta;"yi SECTION C. APPLICABILITY I. This General Permit covers point source discharges ofseafood/fish packing and rinsing operations,and any other discharge of similar characteristics,as decided by the Division. 2. This General Permit covers fish farms and any other similar discharge,as decided by the Division. 3. This General Permit does not apply to seafood or fish processing facilities that require an individual NPDES permit. i 4. Concentrated Aquatic Animal Production facilities subject to the NPDES program are defined,but not limited to,a hatchery,fish farm,pond,raceway,net pen,submerged cage system,recirculating system,flow-through system or similar structures that meet the following criteria: a. Cold-water species facilities that produce a minimum 20,000 Ibs(9,072 kilos)harvest-weight of aquatic animals per year,feed more than 5,0001bs(2,268 kilos)of food per calendar month,and discharge more than 30 days per year. b. Warm-water species facilities that produce a minimum 100,0001bs(45,359 kilos)harvest-weight of aquatic animals per year,and discharge more than 30 days per year, I,. c K b' atct iwn'y''( y bsi�jy0i d8 a8`li�l�oi ijin Wa[enaquallc aidmal pr �q : 't �jf y i r e„�, Yt /c d onittbulb9 otot,(rOollu18[011ie ttiearface�"'w!8tees oFi�o�i'tIc C&rolD�S pc, it npan l etermm�ng f il(tgts a sign flcellR SECTION D. NOTICE OF INTENT Individuals intending to obtain coverage under this General Permit shall submit a Notice of Intent(NOD.A current version of this permit's NOI can be obtained by contacting the Stormwater/Wetlands Branch at 919/733-5083 or can be downloaded from the Internet at: http'//h2o.enr.state.nc.us/su/stormwater.htmi NOls must be signed and submitted to: Stormwater/Wetlands Branch 1617 Mail Service Center Raleigh,NC 27699-1617 Applicants who have submitted an NOI are not authorized to discharge until the Division issues a Certificate of Coverage. In general,the NOI shall include the following information: 1. The mailing address and telephone number for the owner and/or operator. 2. The facility name,address and telephone number where the discharge will occur. 3. The permit number of any NPDES permits)for any discharge(s)from the site. 4. A description of the discharge,including the number of discharge points,the volume of discharge,the frequency of discharge and any treatment methods applied prior to discharge. 5. The name of the receiving waters and the stream classification(if known). 6. An analysis of non-discharge alternatives,including connection to a regional sewer collection system, subsurface disposal and spray irrigation. 7. A 7.5-minute series USGS topographic map clearly indicating the discharge location. 8. Final plans and specifications for the treatment system including all major components(if applicable). 9. Certification that the information contained in the NOI is true,complete,and accurate. I Page 3 of 13 Pages General Permit NCG530000 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS I. Pei mit Issuing Authol ityl The Director of the Division of Water Quality. 2. DWO or Div's'on Division of Water Quality,Department of Environment and Natural Resources, 3. EMC: North Carolina Environmental Management Commission, 4. Permittee: The entity who obtains coverage under this general permit by subsequent issuance of a"Certificate of Coverage"by the Division of Water Quality. 5. Act or"the Act": The Federal Water Pollution Control Act,also known as the Clean Water Act,as amended,33 USC 1251,et.seq. 6. Concentration Measurements a. Average Monthly Concentration: 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 in the case of grab samples is the arithmetic mean(weighted by flow value)of all the samples collected during that calendar day. b. Maximum Daily Concentration: The concentration of 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"in Part I of the permit. c. Daily Average Concentration(for dissolved oxygen): 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 the"daily average" in the text of Part I. 7. Other Measurements a. Flow(MGD): The 24-hour average flow,averaged monthly. It is determined as the arithmetic mean oflhe total daily flows recorded during the calendar month. b, Instantaneous Flow Measurement: A flow measurement taken at the time of sampling,when both the sample and flow represent the total discharge. c. Continuous Flow Measurement:' A measure of discharge flow from the facility occurring 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 now or during infrequent maintenance of the flow device. 8. Or Samples Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. 9. Calculation of Means a Arithmetic Mean: The summation of the individual values divided by the number of individual values. b. Geometric Mean: The Nth root of the product of the individual values where Nis 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: The summation of each concentration times its respective flow divided by the summation of the respective flows. Page 4 of 13 Pages pf W General Permit NCG530000 10. Calendar Day, The period from midnight of one day until midnight of the next day. However,for purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance: Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 12. Toxic Pollutant, Any pollutant listed as toxic under Section 307(a)(1)of the Clean Water Act. 1. ass: The intentional diversion of waste streams from any pp llror),oQ treatment fluty(including the collection system). The Permlttee may allow any bypass to occur which Fl6esi�K t eftlu"enl�)J`hd(tanop to be exceeded,but only If It also is for essential maintenance to assure efficient operation. 14. Severe Property damaree Substantial physical damage in 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 bypass. Severe property damage does not mean economic loss caused by delays in production. i 15, Uaset: 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 Permitter. 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. SECTION B. GENERAL CONDITIONS I. Duly to Comply The Permittep most comply with all conditions of this general permit.Any permit noncom llmanceppnstit�yes:a viation ofth�an Water`kcb.-and-is grounds.for.enforcement acGen;for permit termination,revocation and reissuance,or modification;or denial of a permit upon renewal application. a. The Permlttee shall comply with 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. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed$25,000 per day for each violation.Any person who negligently violates any permit condition is subject to criminal penalties of$2,500 to$25,000 per day of violation,or imprisonment for not more than 1 year,or both. Any person who knowingly violates permit conditions is subject to criminal penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both.Also,any person who violates a permit condition may be assessed an administrative penalty not to exceed$10,000 per violation with the maximum amount not to exceed $125,000.[Ref. Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] c. Under state law,a daily civil penalty of not more than twenty-five thousand dollars($25,000)per violation may be assessed against any person who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [Ref:North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301,302,306,307,308, 318,or 405 of the Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed$10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed$25,000. Penalties for Class H violations are not to exceed$10,000 per day for each day during which the violation continues,with the maximum amount of any Class 11 penalty not to exceed$125,000. 2. DUN to Mitigate The Permitlee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that 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 11,CA.)and"Power Failures"(Part 11,C.7.),nothing in this permit shall be construed to relieve the Permitter 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 Permlttee is Page 5 of 13 Pages General Permit NCG530000 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 ofany 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 at seq.or Section 311 ofthe 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. Severability The provisions ofthis permit are severable,and if any provision ofthis permit,or the application ofany 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. Duly to Provide Information The Permittee shall furnish In 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 ofrecords required 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. 10. Permit Termination After public notice and opportunity for a hearing,the general permit and Certificates of Coverage issued under this general permit may be terminated for cause. 11 hen arc�ln¢i,Id I P rrr t mdJdtla keduiUy7 The Dmisibn may regdiic'any'owner authorized to discharge under this permit to apply for and obtain an individual permit. Cases where an individual permit may be required include,but are not limited to,the following: a. The discharger is a significant contributor of pollution. b. Conditions at the operating facility change altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a General Permit. c. The discharge violates the terms or conditions of this permit. d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source. e. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this permit. This per may be terminated as to an individual owner for any of the reasons set forth above after appropriate notice in accordance with N.C.G.S. 143-215.1. 12, When an Individual Permit may be Requested Any Permittee operating under this permit may request to be excluded from the coverage by applying for an individual permit. When an individual permit is issued,the applicability of this general permit is automatically terminated on the effective date of the individual permit. Page 6 of 13 Pages General Permit NCG530000 13. ShuravityReQuiremians 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) In the case of a corporation,by a principal executive officer of at least the level of vice-president,or his duly r authorized representative,if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) In the case of municipality,State,Federal,or other public entity by either a principal executive officer,ranking elected official,or other duly authorized employee. b. Certification:Any person signing a document under paragraph a.of this section shall make the following t certification: "1 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, eased on my inquiry of the person or persons who manage the system,or those persons directly responsible far gathering the information,the information submitted is,to the best of my knowledge and belief,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." 14, Permit Actions This permit may be modified,revoked and reissued,or terminated for cause. The filing of a request by the Permiltee for a permit modification,revocation and reissuance,or termination,or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 15. Permit Modification,Revogation and Re'ssuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, j revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations contained in Title 40,Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100;and North Carolina General Statute 143-215.1 et.al. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes,the Permiltee 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 W or greater than the classification assigned to the wastewater treatment facilities. The Permlttee shall notify the Division's Operator Training and Certification Unit within thirty days of any change in the ORC status. NOTE: This requirement does not apply until the Permittee receives a letter notifying them of classification of the facility. Currently,facilities are not being classified for this purpose,but may at some time in the future. aPr tie 6:;.- liopt d Mal [Bn n 1i"6"1 ThePermittee 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 Permiltee 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 Penalize only when the operation is necessary to achieve compliance with the conditions of the permit. Page 7 of 13 Pages General Permit NCG530000 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 conditions oflhis permit. 4B sasin` ofTreatmentFzeilrtiesl a. 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 b.and c.of this section. b. 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), c. Prohibition of Bypass (I) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a Per mittee for bypass,unless: (a) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (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 Pennittee submitted notices as required under Paragraph b. 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 c.(0 of this section. 5. _D sal a. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of Paragraph b.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. b. 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: (I I An upset occurred and that the Permittee can Identify the cause(s)of the upset; (2) The permitted facility was at the time being to operated;and (3) The Permittee submitted notice of the upset as required in Part II.E.6.b.2 of this permit. (4) The Per minee complied with any remedial measures required under Part ILB.2 of this permit. c. Burden of proof. In any enforcement proceeding,the Per mittee seeking to establish the occurrence of an upset has the burden of proof. Page 8 of 13 Pages General Permit NCG530000 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 ofthe State or navigable waters of the United States. The Permittee shall comply with all existing federal regulations governing the disposal of sewage sludge.Upon promulgation of40 CFR Part 503,any permit issued by the Permit Issuing Authority for the disposal of sludge may be reopened and modified,or revoked and reissued,to incorporate applicable requirements at 40 CFR Part 503. The Permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge(when promulgated)within the time provided in the regulation, even If the permit is not modified to Incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards as required by DWQ Regulation,Title 15A,North Carolina Administrative Code,Subchapter 2H,.0124 Reliability,to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS I. Representative Sarriding Samples collected and measurements taken,as required herein,shall be characteristic ofthe volume and nature ofthe permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic ofthe 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 wasteslream,body ofwateq or substance. Monitoring points shall not be changed without notification to and the _ approval ofthe Permit Issuing Authority, 2. Flow Measurements Appropriate Flow measurement devices and methods consistent with accepted scientific practices shall be selected and F 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 in 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. 3. Test P d 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 lest 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 ofthe procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements,than the most sensitive(method with the lowest possible detection and reporting level)approved method must be used. 4. Penalties for Tamoerine 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. In the case ofa second or subsequent conviction,punishment is a fine afoot more than$20,000 per day of violation,or by imprisonment ritual more than 4 years,or both. 5. Records Retention The Permittee shall retain records ofall 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 ofthe Director at any time. Page 9 of 13 Pages General Permit NCG530000 onsite available for inspection,and operation and maintenance records shall remain onsite for a minimum of years available for inspection by the state.This BMP Plan shall address the following,but is not limited to: a. Materials Management—CAAP facilities shall ensure proper storage of drugs,pesticides and feed to prevent spills and any resulting discharges of drugs and pesticides. The.BMP-plamshall,dcds{!¢e.ftpwathedS3ilfCy=mTh�mi3es"selidgr d'.issc�cghhaegesr't�yhy�rro�yugh feed management and how it compiles with prohibitions on the discharge offtedbags and/or 4°v1-0�eRMA— hEff Net pens most minimize the accumulation ofunsure feed beneath the pens through active feed monitoring and management strategies. b. Inspection and Maintain of Facilities and Containment Structures—The Permittee shall provide inspection and regular maintenance of CAAP production and treatment systems to prevent structural damage. c. Spill Response and Prevention—The Permitter shall define and implement procedures and acquire any relevant materials and equipment to contain and respond to loss of fish,fish parts and offal,feed,pesticides,drugs,or other materials potentially hazardous to the waters of the state. d. Training —The Permittee shall provide for training of responsible personnel in proper procedures of materials handling,facility inspection,and maintenance of CAAP production and treatment systems(as described in a.,b,and c,above).Training shall also include reporting procedures to the Division associated with spills and containment structure failures or drug use(see 2.). 2. Returning Recukaments, As a means to prevent adverse impacts in the receiving stream,the Division requires reporting offacility,damage,material spills,drug testing and drug use.The Division expects facilities to implement proper storage for these products,and implement procedures for containing,cleaning and disposing of spilled material.Facilities are expected to make an oral and a written report to the Division(See 40 CFR 451.3). a. Spills—the Permittee shall alert the Division to any loss of hazardous materials such drugs,pesticides or feed with potential impact to the environment.The Permitter shall make an oral report to the Division within 24 hours of the spill's occurrence followed by a written report within 5 days.The report shall identify the material spilled and estimate the amount(40 CFR 451.3).Upon receiving the oral report,the Division may on a case-by-case basis,differ the requirement for a written report. It. Damage or Breach of Containment Structures—the Permittec shall alert the Division to any damage to containment structures such as berms,containers,ponds or nets that results in a loss of materials hazardous to the receiving stream.The Permittee shall make an oral report to the Division within 24 hours of the spill's occurrence followed by a written report within 5 days.The report shall identify the material spilled and estimate the amount spilled(40 CFR 451.3).Upon receiving the oral report,the Division may on a case-by-case basis,differ the requirement for a written report. c. Participation in INAD Testing and the Use of Extralabel Drugs—CAAP facilities must notify the Division in writing within 5 days of signing up to participate in investigational new animal drug(INAD)testing,in accordance with 40 CFR 451.3.The Permitlee shall report the intended use of INADs and any extralabel drugs both orally and in writing.Based on the or report,the Division may implement site-specific action,as warranted.The written report shall confirm the use of the drug and provide more complete data for future analysis and measures control. INAD or Extri label Drug Reporting Exception: Ifthe Division has already approved a Permittee's use of specific INAD in extralabel drug,additional approval to treat another species,or to treat another disease using this INAD or extralabel drug,is not necessary provided that the Permitter maintain similar treatment conditions and restrict the dosage not to exceed the approved dosage(See 40 CFR 451.3). Page 13 of 13 Pages f General Permit NCG530000 PART III OTHER REQUIREMENTS '. 1. Previous Permits All previous State water quality permits issued to this facility for this particular discharge,whether for construction or operation or discharge,are hereby revoked by issuance ofthis permit and subsequent issuance of a Certificate of Coverage. The conditions,requirements,terms,and provisions ofthis permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. 2. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to DWQ and the Division has granted approval.Design and operation of facilities and/or treatment works shall be in accordance with the application and supporting information.I£frdlity,deficiencies,design and/or operational,are identified in the future which could affect the facility performance or reliability,it is the responsibility of the Permittee to correct such deficiencies, 3. C 't lions Reo„ener is This permit shall be modified or alternatively,revoked and reissued,to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b)(2)(c),and(d),304(b)(2),and 307(a)(2)of the Clean Water Act,ifthe effluent guideline or water quality standard so issued or approved: a. contains different conditions or is otherwise more stringent than any effluent limitation in the permit;or b. controls any pollutant not limited in the permit. L The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART IV ANNUAL ADMINISTERING &COMPLIANCE MONITORING FEE i The Permitlee must pay the annual administering and compliance-monitoring fee(if any such fee is assessed)within 30 days after being billed by the Division. Failure to pay such fees In a timely manner in see dance with 15 NCAC 214.0105(b)(4) may cause the Division to initiate action to revoke the Certificate of Coverage. PART V SPECIAL CONDITIONS-BEST MANAGEMENT PRACTICES (BMPS) Concentrated Aquatic Animal Production(CARP)facilities,as defined by this permit(See Part 1,Section C.Applicability, 4.a.,b.and a.,that produce a minimum 100,000 His(45,359 kilos)harvest-weight of aquatic animals per year,shall develop and maintain a written plan describing howka achieve onaite requirements in compliance with EPA 40 CFR Sec.451.11(a) through(a)or Sec.451.21(a)through(h),The Permitlee shall make the plan available to the Division upon request,and Permittees subject to this Part must certify in writing to the Division that a MAP Plan has been developed. Narrative limitations,rather than specific permit limits,address a number of pollutants potentially present in CAAP wastewaters such as spilled materials(drugs,pesticides and feed),fish carcasses,viscera and other waste,excess feed,feed bags,packaging material and netting.The following summarizes permit-specific requirements. 1 Qp [ n d Mamta an no�?BF3t3'I 'ire Division shall require a CAAP facility to create and implement a written Operations and Melnteuad„e'Biv(�,to include regular records keeping.The CAAP facility owner m operator must certify in writing to the Division that this plan has been developed(See 40CFR 451.3).This BMP Plan shall remain Page 12 of 13 Pages General Permit NCG530000 6. Duty to Report Noncompliance a. The Permiltee shall report to the central office or the appropriate regional office any noncompliance that may endanger health or the environment.Any information shall be provided orally within 24 hours from the time the Permiltee became aware ofthe circumstances.A written submission shall also be provided within 5 days ofthe time the Permittee becomes aware ofthe circumstances. (1) The written submission shall contain a description ofthe noncompliance,and its cause;the period of noncompliance,including exact dales 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 reoccmrence ofihe noncompliance. b. The Permittee shall report the following to the Division within 24 hours: (1) any unanticipated bypass exceeding any effluent limitation in the permit. (2) any upset which exceeds any effluent limitation in the permit. (3) any violation of a maximum daily or monthly average discharge limitation for any pollutant listed by the Director In the permit. c. The Director may(on a case-by-case basis)waive the written report under paragraph It.above if the oral report has been received within 24 hours. 7. 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 the correct facts or information. 8. Noncompliance Notification Procedure The Permittee shall report by telephone to either the central office or the appropriate regional office ofihe 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 ofthe occurrence ofany ofthe following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts ofwastes which are abnormal in quantity or characteristic,such as the dumping ofthe contents off sludge digester;the known passage of a slug of hazardous substance through the facility;or any other unusual circumstances. It. Any process unit failure,due to known or unknown reasons,that render the facility incapable ofadequate wastewater treatment such as mechanical or electrical failures ofpumps,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 ofall or any portion ofthe influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge ofthe occurrence. 9. Availability offteports Except for data determined to be confidential under NCGS 143-2153(a)(2)or Section 308 ofthe Federal Act,33 USC 1318,all reports prepared in accordance with the terms shall be made available for public inspection at the offices of DWQ or at the site ofthe discharge within a reasonable time period,not to exceed five(5)days. 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(6)(2)or in Section 309 of the Federal Act. 10. Penalties for F andfl.adon 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 ofcompliance 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. Page 11 of 13 Pages General Permit NCG530000 6. Recording Results For each measurement or sample taken pursuant to the requirements ofthis permit,the Permittee shall record the following information: a. The date,exact place,and time of sampling or measurements; It. The individual(s)who performed the sampling or measurements; e. The dale(s)analyses were performed; F d. The Individualist who performed the analyses; e. The analytical techniques or methods used;and f The results of such analyses. 7. Inspection nd 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; it. Enter upon the Perminee's premises where a regulated facility or activity is located or conducted,or where records must be kept under the conditions of this permit; It. Have access to and copy any records that must be kept under the conditions ofthis permit; c. Inspect any facilities,equipment(including monitoring and control equipment),practices,or operations regulated or required under this permit;and ICI d. Sample or monitor,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. Submission of Reports Submission of standardized monitoring forms or other monitoring reports to the Division is not required. All monitoring information and copies of any reports required by this permit,must be retained on site for a period of at least 3 years from the date ofthe sample,measurement,report or application. This period may be extended by request ofthe Director at any time.The Permittee shall furnish to the Permit Issuing Authority upon request,copies of records required under this permit. 2. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions ofthis 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. 3. Planned Changes 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 ofthe criteria for determining whether a facility is a new source in 40 CPR 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). 4. Anticipated N com I' nce The Permittee shall give advance notice to the Director ofany planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 5. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance ofthe permit and incorporating such other requirements as may be necessary under the Clean Water Act. Page 10 of 13 Pages