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HomeMy WebLinkAboutNCG530078_Regional Office Physical File Scan Up To 6/2/2020F PAT MCCRORY NC DONALD R. VAN DER VAART WvterResources seeralmy S. JAY ZIMMERMAN ENVIRONMENTAL DUALITY DiraeW August 15,2016 William B Palos 485 Shope Creek Road Asheville, NC 28805 SUBJECT: Compliance Evaluation Inspection Shadow Creek Trout - Permit No: NCG530078 Buncombe County Dear Mr. Palas: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 15, 2016. The Compliance Evaluation Inspection was conducted by Zan Price of the Asheville Regional Office. The facility is not currently in operation. Please notify the Division of Water Resources if you intend to resume operation. If you would like to rescind this permit, please send a letter or email to Charles Weaver requesting rescission of the permit. Include the permit number and a brief description of why the permit is no longer needed. Mailing address for Charles Weaver: Charles Weaver Division of Water Resources NPDES Compliance & Expedited Permit Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Charles.weaveigrodenr eov If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Zan Price, PE Assistant Regional Supervisor Asheville Regional Office Enc. cc: MSC 1617-Central Files -Basement Asheville Files 0:\W \WQ\Hunwmbe\Wastewater\Genua[NCG53 Trout Fazms\Palm Trout Form NCG530078Wug15-20161nspection\CEIOS-15-2016_Palu_ NCg530098.door Stale ofNoM Quetta I Enwoommtal Quality I Water Resmucea 2090 nS. Highway 70 Swmvmaa, NC 28779 8282964500 United Stales Envimnmensid Proleclicn Agenry Form Approved. EPA Weebinglan, U C.2W60 OMB No.2040,0057 Water Compliance Inspection Report Approval expires8-31-98 Section A: Rational Data System Coding (i.e., PCS) Transaction Code NPDES ydailday Inspection Type Inspector Fac Type 1 IN t 2 15 1 3 I NCG530078 111 12 15108,15 17 18 I r.I 19 L, 20I I 21 I l8 u B Impaction Work Days Facility Self-Moniloring Evaluation Rare B1 CA -----------Reaerved-------- 67 [ ........ 70 U 71 I 72 I.73I i74 75LLLlW80 Section S: Faciity Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, died Include Entry TimalDale Permit Effective Date POND name and NPDES permit Number) 09 MAM 16108115 12/08/01 Shadow Creek Trout - 495Shope Chief Rd Exit TimelOale Permit Explosion Date Asheville NO 28805 0920AM 10108/15 17/07131 Names) of Onsits Representativa(s)mlles(s)IPhone and Fax Number(.) Other Facility Data ul Name, Address of Responsible Official?itlarPhons and Fax Number William B Pulps,485 Shope Creek Rd Asheville NO 288051192e-29e-7194/8282561477 Contacted No Section C Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenance M EfguenthReceiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Names) and Signatures) of lnspectm(s) A0m,1OFcs1Phone and Fax Numbers Data Gal A Price ASS M/1828-29645001 —.... J S(//3�/6 store of Management O A Reviewer Agency/OFcelPhone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions ere obsolete. Page# 1 NPOES yr/mo/aay Inspection Type (font.) NCG530078 11 12 16108/15 17 t8 InIu Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Site was inspected on August 15, 2016 by Zan Price with the Asheville Regional Office. The owner, Bill Pallas, was present during the inspection. According to Mr. Palas, the trout farm has not been in operation since 2011. It was difficult for the farm to remain profitable due to the increased cost of feed. However, Mr. Pales would like to maintain his NCG53 permit in case he wants to resume operations in the future. The site visit began with an. evaluation of the raceways. Creek water was still being diverted to the upper raceway from the intake structure in Shope Creek. The diverted water was immediately returned to the creek and did not flow through the lower raceways. The lower raceways were dry and partially filled with sediment and silky willow shrubs. No fish were observed in any of the raceways. The intake structure in Shope Creek was allowing sufficient stream baseflow to bypass downstream. The receiving stream did not appear to be impacted by the trout operation on the day of the site inspection. Page# 2 Permit NGG530078 Inspection Date: 08/15/2016 (owner - Facility: Shadcw Creek Tmul Inspection Type: Compliance Evaluelion Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? M ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable 110 ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Facility has not been in operation since 2011 Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ 0 ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ 0 ❑ ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? M ❑ ❑ ❑ Comment Page# 3 Facility information NPDES COC permit #: NCG530078 Buncombe County Facility name: William B. Palas Trout Farm - Shadow Creek Trout WWTP class: n/a WWTP type: The trout farm was constructed by the owner in 1995. It consists of a 5 ft x 32 ft raceway divided by a concrete wall. There are 7 height -graduated cells with 7 pairs of 50# dry feed demand feeders, which have rods extending into the water that are activated by the trout. The trout are also hand fed. Flow data: Water is gravity fed into the head of the raceway from Shope Creek. During high stream flow conditions, there is a maximum flow-thru of - 1200 gpm. Under less optimum stream flow conditions, flows average between 150 to 400 gpm. During low flow stream conditions, a private well is used to supplement flow at - 40 gpm (at an electrical cost of - $10 per day). Sludge Management: The divided raceway cells are operated in parallel and are drained, as needed, so that solids can be removed and used as fertilizer. Trout Production: When the farm was in full operation, - 25,000 to 30,000 pounds of trout were produced. The rising cost of operations (feed, fuel, etc.) and the declining market values, have made the operation non-profitable. WWTP location: 485 Shope Creek Road Responsible official: William B. Palas Responsible "'stitle: owner Official's location: 485 Shope Creek Road; Mailing address: Asheville, NC 28805-9797 Phone numbers 828-298-7194 Bill Palas Operator information WWTP ORC contractor: n/a WWTP ORC: n/a WWTP back-up ORCs: n/a Commercial lab: Environmental Testing Solutions, AVL — performs analyses for TSS and settleable solids. Permit information Date issued: 8-1-2007 Expiration date: 7-31-2012 Stream information Stream: Shope Creek River basin: French Broad River Basin Sub -basin: 04-03-02 Hydrologic Unit Code: Quad: Grid: Stream classification: Drainage area sq mi: Instream Waste Conc.: Average stream flow: cfs Summer 7Q70 cfs: Winter 7Q70 cfs: 30Q2 cfs: Other information Directions: From the ARO in Swannanoa, proceed west on US 70 Hwy for 3 miles. Turn right onto Lower Grassy Branch Road. Go 2.2 miles. Turn right onto Riceville Road. Go 1.5 miles. Turn left onto Bull Creek Road. Go 0.1 mile. Turn slight right onto Shope Creek Road. Follow it 2.2 miles to the end. The trout farm is on the left, behind the barn. Note: There is an electric fence around the raceways to protect the fish from the bears. M n NC certified laboratory: Environmental Testing Solutions, AVL - performs analyses for TSS and settleable solids. Permit Limits: TSS = 30 mg/I monthly average & 60 mg/I daily maximum Settleable Solids = 5 ml/I monthly average and 10 ml/I daily maximum Dissolved Oxygen = not less than 6.0 mg/I pH = not less than 6.0 & not greater than 9.0 standard units Auaust 19. 2010 Flow -700 gpm TSS 20 mg/I Settleable Solids 0.2 ml/I December 7.2009 Flow - 1200 gpm TSS <5.0 mg/I Settleable Solids <0.1 ml/I December 29, 2008 Flow - 1200 gpm TSS <2.0 mg/I Settleable Solids <0.1 ml/I Notes: On the day of the inspection (7-14-2011), - 2100 pounds of rainbow trout were removed and sold (size: averaging 1 pound to 20 ounces). The effluent leaving the raceways appeared to be clear and in compliance with permit limits. The stream was also clear downstream of the effluent. This trout farm appears to be well operated and maintained. Driving Directions from .?�wananoa, 0 Us 70 Hwy, Snnrth Carolin. maclioU@St r& Cotes _ - ------------ Trip to: Palas Trout Farm 485 Shope Creek Rd /\/ C 6- ' O C) Asheville, NC 28805-9797 8.96 miles lU 17 minutes a l 9 7 r Page 1 of 2 2090 Us 70 Hwy Miles Per Swannanoa, NC 28778-8211 Section 1. Start out going WEST on US-70 / BLACK MOUNTAIN HWY toward Go 3.0 Mi NEW SALEM RD. 2. Turn RIGHT onto LOWER GRASSY BRANCH RD. Go 2.2 Mi LOWER GRASSY BRANCH RD is just past E AZALEA RD 3. Turn RIGHT onto RICEVILLE RD. Go 1.5 Mi f1 4. Turn LEFT onto BULL CREEK RD. Go 0.1 Mi BULL CREEK RD is 0.1 miles past PARKER RD 5. Turn SLIGHT RIGHT onto SHOPE CREEK RD. Go 2.2 Mi 6. 485 SHOPE CREEK RD is on the RIGHT. Your destination is 0.1 miles past NACROSTA ACRS 485 Shope Creek Rd 9.0 mi Asheville, NC 28805-9797 http://www.mapquest.com/print?a--app.core.d2f6ae6214f6290bellebee7 7/14/2011 k MA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor July 30, 2007 William B. Palas Palas Trout Farm 485 Shope Creek Rd Asheville, NC 28805 William G. Ross, Jr., Secretary Coleen H. Sullins, Director Subject: Renewal of coverage / General Permit NCG530000 Shadow Creek Trout Certificate of Coverage NCG530078 Buncombe County Dear Permittee: In accordance with your renewal application [received on January 18, 2007], the Division is renewing Certificate of Coverage (CoC) NCG530078 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 noticeto the Division. The Division may require modification or revocation and missuance of the certificate of coverage. 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 Companion, [919 733-5083, extension 597 or joe.corporon@ncmail.net]. Sincerely, for Coleen H. Sullins cc: Central Mies _ Asheville Regional Office / Surface Water Proteetiou NPDES file 1617 Mail Service Center, Raleigh, Noah Carolina 27699-1617 512 Noah Salisbury Street, Raleigh, Noah Carolina 27604 Phone: 919 733-5083 / FAX 919 733-0719 / Internet: www.ncwaterquallty.ov nA N C �JUL 3 1 2007 WATER QUALITY SECTION ;t EVILLE REGIONt,I nr-r.,�o An Equal Oppoaunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NCG530000 CERTIFICATE OF COVERAGE NCG530078 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, William B. Palas Palas Trout Farm is hereby authorized to discharge trout farm wastewater from a facility located at Shadow Creek Trout 485 Shope Creek Rd Buncombe County to receiving waters designated as Shope Creek in subbasin 04-03-02 of the French Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This certificate of coverage shall become effective August 1, 2007. This Certificate of Coverage shall remain in effect for the duration of the General Permit. 1 Signed this day July 30, 2007. C%-3mo f —o t.Z) for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission 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 PDE5 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, 111 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 1 of 13 Pages G i a a General Permit NCG530000 PART SECTION B. SCHEDULE OF COMPLIANCE 1. The Permittee shall comply with Final Effluent Limitations by the effective data of the Certificate of Coverage. 2. Permittee shall at all times provide the planning, scheduling and maintenance necessary to operate the existing facilities in accordance with Part ILC.2 of this permit. SECTION C. APPLICABILITY 1. This General Permit covers point source discharges of seafood/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. 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 lbs (9,072 kilos) harvest -weight of aquatic animals per year, feed more than 5,000 lbs (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 100,000 lbs (45,359 kilos) harvest -weight of aquatic animals per year, and discharge more than 30 days per year. c. The Director may designate any cold or warm water aquatic animal production facility a concentrated aquatic animal production facility, or may require an individual NPDES permit, upon determining that it is a significant contributor of pollution to the surface waters of North Carolina. SECTION D. NOTICE OF INTENT Individuals intending to obtain coverage under this General Permit shall submit a Notice of Intent (NOT. A current version of this permit's NOI can be obtained by contacting the Stonnwater / Wetlands Branch at 919/733-5083 or can be downloaded from the Internet at: buy �//h2o.enr.state.ne.us/su/swrmwater.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 authorimd to discharge until the Division issues a Certificate of Coverage. In general, the NOI shall include the following information: The mailing address and telephone number for the owner and/or operator. The facility name, address and telephone number where the discharge will occur. The permit number of any NPDES permits) for any discharge(s) from the site. 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. The name of the receiving waters and the stream classification (if known). An analysis of non -discharge alternatives, including connection to a regional sewer collection system, subsurface disposal and spray irrigation. A 7.5-minute series USGS topographic map clearly indicating the discharge location. Final plans and specifications for the treatment system including all major components (if applicable). Certification that the information contained in the NOI is true, complete, and accurate. Page 3 of 13 Pages I General Permit NCG530000 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuine 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. Actor "the Act": The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, at. seq. 6. Concentration Measurements 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 can (weighted by flow value) of all the samples collected during that calendar day. 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. 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 of the 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. a 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 flow or during infrequent maintenance of the flow device. 8. Grab Samoles: 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 arming 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 (I). 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 General Permit NCG530000 l0. 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 Pollumm: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act, 1. Bypass: The intentional diversion of waste streams from any portion of a treatment facility (including the collection system). 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. 14. Severe property damage: 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. 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 I. Duty to Comply The Permittee must 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 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 YOU, 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 CPR 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. [Re£: 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 o£the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount army Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class H penalty not to exceed $125,000. 2. Duty to Mitigate The Permittee 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 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 Page 5 of 13 Pages General Permit NCG530O00 responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Penance 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 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. Dow to Provide Information The Patentee 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 famish to the Permit Issuing Authority upon request, copies of records required by this permit. 9. Duty to Reapply If the Permiftee 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. 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. 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 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. Page 6 of 13 Pages General Permit NCG530000 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) In the case of a corporation, by a principal executive officer of at least the level of vice-president, or his duly 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 a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) In the case of a municipality, State, Federal, or other public entity by either a principal executive officer, ranking elected official, or other duly authorized employee. I. Certification: Any person signing a document under paragraph a. 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 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 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 Permittee receives a letter notifying them of classification of the facility. Currently, facilities are not being classified for this purpose, but may at sometime 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. 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 of this permit. 4. Bypassing 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 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 H.E.6 of this permit. (24-horn notice). c. 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; (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 flits 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. 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 cause(s) 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. Burden of proof. In any enforcement proceeding, the Permittee seeking to establish the occurrence of an upset has the burden of proof. Page 8 of 13 Pages General Permit NCG530000 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 Penalties 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. 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 Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified inthis permit and, unless otherwise specified, before the effluentjoins 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 me 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 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 maybe extended by request ofthe Director at any time. Page 9 of 13 Pages General Permit NCG530000 6. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Females 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 dates) 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. 7. Inspection and Entev 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 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 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 of the sample, measurement, report or application. This period may be extended by request of the 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 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. 3. Planned Changes The Penmittee 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 me subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). 4. 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. 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. Page 10 of 13 Pages General Permit NCG530000 6. Duty to Report Noncompliance a. The Permittee 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 Permition 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 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. a The Director may (on a case -by -case basis) waive the written report under paragraph b. above 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 fast knowledge of the occurrence of any of the Following: a. Any occurrence at the water pollution control Facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 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(b)(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. Page 11 of 13 Pages 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 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 began 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. 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 Permittee to correct such deficiencies. 3. Limitations Reopener 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, 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. PART IV ANNUAL ADMINISTERING & COMPLIANCE MONITORING FEE The Penance 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 211.0105(b)(4) may cause the Division to initiate action to revoke the Certificate of Coverage. PART V SPECIAL CONDITIONS - BEST MANAGEMENT PRACTICES (BMPS) ConcentratedAguatic Animal Production (CAAP) facilities, as defined by this permit (See Part I, Section C. Applicability, 4. a., b. and c., that produce a minimum 100,000 lbs (45,359 kilos) harvest -weight of aquatic animals per year, shall develop and maintain a written plan describing how to achieve m aite requirements in compliance with EPA 40 CFR Sec. 451.11(a) through (e) or Sec. 451.21(a) through (h). The Permittee shall make the plan available to the Division upon request, and Permitmes subject to this Part must certify in writing to the Division that a BMP 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. Operation and Maintenance BAD Plan. The Division shall require a CAAP facility to create and implement a written Operations and Maintenance BMP Plan, to include regular records keeping. The CAAP facility owner or 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 onsite available for inspection, and operation and maintenance records shall remain onsite for a minimum of 3 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 plan shall describe how the facility minimizes solids discharges through feed management and how it complies with prohibitions on the discharge of feedbags and/or other solid waste materials. Net pens must minimize the accumulation of uneaten 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 Permittee 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. Reporting Requirements. As a means to prevent adverse impacts in the receiving stream, the Division requires reporting of facility 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 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 (40 CPR 451.3). Upon receiving the oral report, the Division may on a case -by -case basis, differ the requirement for a written report. b. Damage or Breach of Containment Structures —the Permittee 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. e. 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 Permittee shall report the intended use of INADs and any extralabel drugs both orally and in writing. Based on the oral 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 Extralabel Drug Reporting Exception: If the Division has already approved a Permittee's use of specific INAD or 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 Permittee maintain similar treatment conditions and restrict the dosage not to exceed the approved dosage (See 40 CFR 451.3). Page 13 of 13 Pages Coveraee Under This Permit This permit covers point source discharges from fish packing and rinsing and/or seafood packing and rinsing operations, fish farms and any other similar discharge. This permit does not apply to seafood or fish processing facilities, requiring an individual NPDES permit. This general permit covers concentrated aquatic animal production (CARP) facilities (fish farms or hatcheries) in ponds, raceways, net pens, recirculating system, flow - through systems, submerged cage systems or similar structures, and any similar facilities that produce fish or aquatic animals, that meet the following criteria: • Cold -water species facilities that produce a minimum 20,000 lbs (9,072 kilos) harvest -weight of aquatic animals per year, feed more than 5,000 Ibs (2,268 kilos) of food per calendar month, and discharge more than 30 days per year. • Warm -water species facilities that produce minimum 100,000 His (45,359 kilos) harvest -weight of aquatic animals per year, and discharge at least 30 days per year. • NOTE: The Director may designate any cold or warm water aquatic animal production facility a concentrated aquatic animal production facility, or may require an individual NPDES permit, upon determining that it is a significant contributor of pollution to the surface waters of North Carolina. Chances from Previous General Permit Important changes from the previous permit include: • In Part I, Section C has been edited and reformatted to clarify which facilities qualify under this permit. • In Part II, Section B, l.a.b.c.ard d. have been edited to clarify, and updated to include revised penalty amounts. NPDES nermittine uroeram's obiectives: 1. To reduce pollutant loads entering waters of the state, 2. To educate the permitted community about stormwater and wastewater pollutants, 3. To encouraging Best Management Practices(BMPs) to minimize pollutants in stormwater and wastewater discharges, and 4. To prioritize problem areas using analytical data to assess discharge contributions. Key Permit Reauirements • Permittee shall satisfy annual parameter monitoring and effluent sampling requirements (Part I, Section A) • Permittee shall collect all samples before the effluent joins, or is diluted by, any other waslestream, water or substance (Part D, Section D:1). • The Permittee shall give notice to the Division of any planned physical system alterations or additions that could significantly increase the quantity of pollutants discharged, or introduce new pollutants to the discharge (Part B, Section E:3). • The Permittee must report any/all permit limit or monitoring exceedences to the Division within 24 hours from the time he/she becomes fast aware of the limit exeeedenee (Part B, Section E:6). • The Permittee shall evaluate its need to comply, if required, under Part V, Special Conditions — Best Management Practices (BMPs). Freauently Asked Ouestions 1) Do I need to submit monitoring results annually? No. You do not have to submit monitoring reports for this permit, however all monitoring data and analytical results must be kept on site for three years. While there are no standardized Discharge Monitoring Reports (DMRs) for this permit, the Division may request to review these data and records at any time (Part II, Section E:1). Special Conditions and reporting requirements apply to facilities that produce a minimum 100,000 His (45,359 kilos) harvest -weight of aquatic animals per year (see Part V). C�3 2) Do I need to employ a Certified Wastewater Treatment Plant Operator? Not at this time. The Division's Operator Training and Certification Unit does not currently require a certified operator for these facilities. However, the requirement remains in the permit with clarification, in the event that future re-classification is deemed necessary (Part II, Section C:1). 3) Where do I find my stream classification? The stream classification, i.e. WS-IV, C, Tr, etc. can usually be found in the Certificate of Coverage. If you are unsure of your stream classification, you can contact the NPDES Program. 4) Do I need to use a North Carolina -certified lab to analyze samples? Yes, a North Carolina -certified lab must be used to perform analytical monitoring. However, pH values [the only exception] should be measured in the field because sample degradation is likely over time and during transport to the laboratory. A list of certified labs is available from the Division. 5) What if I sell my business or the name of my business changes ? If your business time or ownership changes, you must complete a Name/Ownership Change Form. This minor modification requires the Director's approval. Forms are available by contacting the NPDES Program at (919) 807-6300. 6) When does my permit expire? / How do I renew it? Find the permit expiration date on the first page of the General Permit. This General Permit expires on July 31, 2012. Approximately 180 days prior to expiration, the Division will mail you a notice requesting you to apply for renewal Other Information For additional information, please contact us at: N.C. DENR / DWQ / NPDES Program 1617 Mail Service Center Raleigh, N.C. 27699-1617 Phone: (919)807-6300 Fax: (919)807-6495 You may also contact your local Division of Water Quality Regional Office at: Asheville: 828-296-4500 Mooresville: 704-663-1699 Winston-Salem: 336-771-5000 Raleigh: 919-791-4200 Fayetteville: 910433-3300 Washington: 252-946-6481 Wilmington: 910-796-7215 Other Information about North Carolina's NPDES General Permits reentrant Find the following documents by contacting the NPDES Program (919-807-6300). e Copies of General Permits and Fact Sheets NCG500000 — Non -contact cooling water, boiler blowdown, cooling tower blowdown, condensate, hydroelectric dams NCO510000 —Groundwater Remediadon NCO520000 —Sand Dredging NCO530000—Fish/Seafood packing and rinsing, fish farms NCG550000 —Single-family residences Previous General Permit Technical Bulletins The Division maintains a website on the World Wide Web at htto://nortal.ncdem.ore/web/wo/swn/os/nodes. Also try the DENR Customer Service Center (1-877-623- 6748). For industry -specific information on minimizing pollutants, contact the North Carolina Office of Pollution Prevention and Environmental Assistance (919-715-6500), or on the Internet at http://www.p2pays.org. n AD rS NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor January 11, 2007 William B. Palos Palas Trout Farm 485 Shope Creek Rd Asheville, NC 28805 William G. Ross, Jr., Secretary Alan W. Klimek,P.E., Director Subject: Renewal Notice / General Permit NCG530000 Certificate of Coverage NCG530078 Buncombe County Dear Permittee: You are receiving this notice because you currently operate a fish farm or fish packing / rinsing facility covered under the subject General Permit. NCG530000 will expire on July 31, 2007. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require that permit renewal applications be filed at least 180 days prior to expiration of the current permit.. To satisfy this requirement, the Division must receive a renewal request postmarked no later than February 1, 2007. The Certificate of Coverage (CoC) specific to your property was last issued on August 1, 2002. The Division needs information from you to determine if coverage under NCG550000 is still necessary. ➢ If your property still has a wastewater system like the ones described in the enclosed Technical Bulletin, you must renew the subject CoC: ➢ If you are not sure what type of system your property has, contact Larry Frost in the NC DENR Asheville Regional Office at (828) 296-4500. That person [or other staff members] can help you determine if you should renew your CoC. ➢ If you know that your facility no longer discharges to a waterbody, contact me at the address or phone number listed below to request rescission of the CoC. The attached application form shows the information the Division has on file for your property. Please verify that the provided information is correct, or make corrections on the form. Complete the additional questions, then signand date the form. The completed form should be submitted to the address listed below the signature block. If you have any questions concerning this matter, please contact me at the telephone number or e-mail address listed below. (If it is difficult to reach me, please be aware that your facility is one of over 1400 that I am contacting regarding the renewal of several General Permits.) Thanks for your attention to this matter. Sincerely, I it Charles H.Weaver, Jr. ; I JAN 1 / 2007 NPDES Unit I cc Central Files IY I Asheville Regional Office / Larry" NPDES file 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 None Ca.TOhria Phone: 919 733-5083 extension 511 / FAX 919 733-0719 / chatles.weaver®ncmail.net An Equal Opportunity/Affirmative Action Employer -500A Recycle llNo Post Consumer Paper Naturally State of North Carolir ) Department of Envirol Iment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director July 26, 2002 WILLIAM B PALAS SHADOW CREEK TROUT 485 SHOPE CREEK ROAD ASHEVILLE, NC 28805 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE5 JUL ! I Subject: Reissue - NPDES Wastewater Discharge Permit Shadow Creek Trout CDC Number NCG530078 Buncombe County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG530000, the Division of Water Quality (DWQ) is forwarding herewith the reissued wastewater general permit Certificate of Coverage (COC). This CDC is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated May 9, 1994 (or as subsquently amended). The Following information is included with your permit package: * A copy of the Certificate of Coverage for your treatment facility * A copy of General Wastewater Discharge Permit NCG530000 " A copy of a Technical Bulletin for General Wastewater Discharge Permit NCG530000 Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable Federal, state, or local law rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Aisha Lau of the Central Office Slormwater and General Permits Unit at (919) 733-5083, ext. 578 Sincerely, for Alan W. Klimek, P.E. cc: Central Files Stormwater & General Permits Unit Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50 / recycled/ 10% post -consumer paper State of North Caroliq-) Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director I1/26/2001 WILLIAM B PALAS PALAS TROUT FARM 485 SHOPE CREEK RD ASHEVILLE, NC 28805 Dear Permittee: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE50URCE5 Subject: NPDES Wastewater Permit Coverage Renewal Palas Trout Farm COC Number NCG530078. Buncombe County Your facility is currently covered for wastewater discharge under General Permit NCG530000. This permit expires on July 31, 2002. Division of Water Quality (DWQ) staff is in the process of rewriting this permit with a scheduled reissue in the summer of 2002. Once the permit is reissued, your facility would be eligible for continued coverage under the reissued permit. In order to assure your continued coverage under the general permit, you must apply to the DWQ for renewal of your permit coverage. To make this renewal process easier, we are informing you in advance that your permit coverage will be expiring. Enclosed you will find a general permit coverage renewal application form. This will serve as your application for renewal of your permit coverage. The application must be completed and returned with the required information by February 01, 2002 in order to assure continued coverage under the general permit. There is no renewal fee associated with this process. Your facility will be invoiced for the annual permit fee at a later date. Failure to request renewal within this time period may result in a civil assessment of at least $250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of wastewater from your facility without coverage under a valid wastewater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $10,000 per day. If the subject wastewater discharge to waters of the state has been terminated, please complete the enclosed rescission request form. Mailing instructions are listed on the bottom of the form. You will be notified when the rescission process has been completed. If you have any questions regarding the permit coverage renewal procedures please contact the Asheville Regional Office at 828-251-6208 or Aisha Lau of the Central Office Stormwater Unit at (919) 733-5083, ext. 578 Sincerely, L]/L,aeU.rry Iv.rv..0 Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50 % recycled/ 10 % post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND 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 143-215.1, 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, 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 I, II, III and IV hereof. This permit shall become effective August 1, 1997. This permit shall expire at midnight on July 31, 2002. ja—'1'1 \ Date: ;7� 16' g 7 A. Preston Howard, Jr., P. Director Division of Water Quality By Authority of the Environmental Management Commission K m m q E O EE d — — — — FN y 0 w w w w W W s = d N N ~ W U Z_ Q r O EC >> p C C C d LL � dx o 0 i m N T d F Y ` � 3Q _T d t d E E � Q m vi N U N W H Q a 2 q a d H O z Z w w d O N W O LL F N 0 L }a W � ou General Permit NCG530000 PART SECTION 13SCHEDULE OF COMPLIANCE 1. The permittee shall comply with Final Effluent Limitations by the effective date of the Certificate of Coverage. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities in accordance with Part U.C.2 of this permit. PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A DEFINITIONS 1. Eemnit Issuing Authority: The Director of the Division of Water Quality. 2. DWO or Division: Division of Water Quality, Department of Environment, Health 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. S. 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 M 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 us 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 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 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. Page 1 of 10 General Permit NCG530000 c. Continuous Flow Measurement: 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. S. Grab 5amples 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 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. 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. 13. BBoass: 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. 14. aLwenr4.-p e[Lrty damaee: 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. 15. UnSet: 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. T?tv t Co Iv The pernfttee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations Page 2 of 10 General Permit NCG530000 that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 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 yen, 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 U.S.C. 1319 and 40 CFR 122.41 (a)]. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-213.6 (A)]. 2. Duty to Mitiggtg The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, CA.) and "Power Failures" (Part II, C.7.), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil andH za d ss bat c L'ab'1't Nothing in this permit shall be construed to preclude the institution of any legal action orrelieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permftme is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. prgpertvL Riehts 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. Onsh Qr Offshore r-onstru don 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. g. Duty- to P o 'd r f r tion 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. Page 3 of 10 General Permit NCG530000 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit July 31, 2002, 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. When anIndividual P it may 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 we 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. Effluent limitation guidelines are promulgated for the point sources covered by this permit. I. 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 ReQue5ted 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 Requirement 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 documenB 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; Page 4 of 10 General Permit NCG530000 (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 M dification, Revocation d R 'ss ance Termination The issuance ofthis 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, Puts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 at. al. SECTION C OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The permittee shall notify the Division's Operator Training and Certification Unit within thirty days of any change in the ORC status. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatmentand 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. Ned to Halt ar ReduCe ngt a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to h a I t or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing QfT lmgnt Facilities Page 5 of 10 General Permit NCG530000 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 Put II, E. 5. of this permit. (24-hour notice). c. 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; (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. 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 cause(s) 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. 5. (b) (2) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. c. Burden of proof. - 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. Page 6 of 10 11-1) 1 General Permit NCG530000 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 maybe reopened and modified, or revoked and reissued, to incorporate applicable requirements a t 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 Egillirg —5 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. 1. Rgn ce t five Samnlin¢ ' Samples collected and measurements taken, as required herein, shall be characteristic o[ 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 Auhority. 2. Flow Mas m tc 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 Pd res Test procedures for the analysis of pollutants shall conforin to the EMC regulations published pursuant to NCGS 143-215.63 at. 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 CPR 136. To meet the intent of the Imonitoring 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. 4. ZendtmLfgrT p ine 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 mom than two years per violation, or by both. Page 7 of 10 General Permit NCG530000 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. R cordine Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements;. c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e: The analytical techniques or methods used; and f. The results of such analyses. y, iju ton 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 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 permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTTNG REQUIREMENTS 1. Cho gew DjLchaxee 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 inexcess of that authorized shall constitute a violation of the permit. 2. rLm—ned-Changln 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). Pace 8 of 10 General Permit NCG530000 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 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. 5. Duty to Report Noncomplance 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 permfttee became aware of the circumstances. A written submission shall also be. providedwithin 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 permit. (3) 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. 6. 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. - hIoncompliance NQtification P oc d m The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process 'unit failure, due to known or unknown reasons, that - render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 8. 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 Page 9 of 10 General Permit NCG530000 making any false statement many 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. 9. Penalties for Fal5iflollQn of XeRM15 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 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 permittee to correct such deficiencies. 3. LMULa Cons Reopener 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, 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. PART IV ANNUAL ADMINISTERING & COMPLIANCE MONITORING FEE The permittee 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 2H.0105(b)(4) may cause the Division to initiate action to revoke the Certificate of Coverage. Page 10 of 10 AL MUM North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION July 15, 2011 Mr, William B. Palas Pales Trout Farm 485 Shope Creek Road Asheville, NC 28805 SUBJECT: Compliance Evaluation Inspection Palas Trout Farm Shadow Creek Trout Permit No: NCG530078 Buncombe County Dear Mr. Palos: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on July 14 2011 The facility was found to be in compliance with permit NCG530078. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, lv,�Z 61C44 Wanda P. Frazier Enclosure Environmental Specialist cc: Central Files Asheville Files e, S:\SWP\Buncombe\Wastewater\Geneml\NCG53 Trout Fanns\Palas Trout Farm NCG530078\CEI 7-14-11.doc SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoo, NO 28778 TfOOne Caz0 a Phone: 828-298-0500 Fax: 828-299-7043 Customer Service: 1-877-623-8748 7t7 CC o) Internet: www ncwatemual-tv om 6w\ O r' United Sale. Environmental Pmfeclion Agency Form ApprOVetl. roved.2040 EPA wasmn9an, U.C.zwso OMB No. 057 Water Compliance inspection Report Approval aspires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES ydmo/day Inspection Type Inspector Fee Type 1 U 2 1 sI 31 NCG530078 111 121 11/07/14 117 18t r1 19t s1 20I I U �.l LJ lJ LJ Remarks 2111111111111111111111111111111111111111111111111B Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 (N --------Reserved------ 67i.o ]oU 7172L]3L]5I 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POND, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Shadow Creek Trout 10:30 AM 11/07/14 07/OB/01 Exit Time/Date Permit Expiration Date 495 Shope Creek Rd Asheville NC 28605 11:00 AM 11/07/19 12/07/31 Name(s) of Onsite Representative(s)/ritles(s)/Phone and Fax NumbeKs) Other Facility Data Name, Address of Responsible ORcial/fitlelPhone and Fax Number William B Palas,485 Shoppe Creek Rd Asheville NC Contacted 28805//828-298-7194/8282581477 No Section C: Areas Evaluated During Inspection Check only those areas evaluated) Permit 0 Operations & Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signatme(s) of Inspectors) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ART wp//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/OfficeJPhone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 31 NCG53001 I11 12 11/09/14 I17 18u Section D: Summary of Finding/Comments (Attach additionalsheetsof narrative and checklists as necessary) Facility information: William B. Palas Trout Farm - Shadow Creek Trout The trout farm was constructed by the owner in 1995. It consists of a 5 ft x 32 ft raceway divided by a concrete wall. There are 7 height -graduated cells with 7 pairs of 50# dry feed demand feeders, which have rods extending into the water that are activated by the trout. The trout are also hand fed. Flow data: Water is gravity fed into the head of the raceway from Shope Creek. During high stream flow conditions, there is a maximum flow-lhruof- 1200 gpm. Under less optimum stream flow conditions, flows average between 150 to 400 gpm. During low flow stream conditions, a private well is used to supplement flow at -- 40 gpm (at an electrical cost of - $10 per day). Sludge Management: The divided raceway cells are operated in parallel and are drained, as needed, so that solids can be removed and used as fertilizer. Trout Production: In past years when the farm was in full operation, -- 25,000 to 30,000 pounds of trout were produced. The rising cost of operations (feed, fuel, etc.) and the declining market values, have made the operation non-profitable. Permit information: Date issued: 8-1-2007 Expiration date: 7-31-2012 Please send in a permit renewal application 180 days prior to expiration (no fee is required). Stream information: Stream: Shope Creek River basin: French Broad River Basin Sub -basin: 04-03-02 NC certified laboratory: Environmental Testing Solutions, in Asheville performs analyses for TSS and settleable solids. Permit Limits: TSS = 30 mg/I monthly average & 60 mg/1 daily maximum Settleable Solids = 5 ml/I monthly average and 10 ml/1 daily maximum Dissolved Oxygen = not less than 6.0 mg/1 pH = not less than 6.0 & not greater than 9.0 standard units Monitoring frequency: annually Lab Results: Page# 2 Permit: NCG530078 Owner - Facility: Shadow Creek Trout Inspection Date: 0711412011 Inspection p Typo: Compliance Evaluation August 19, 2010 Flow -700 glom TSS = 20 mg/I Settleable Solids = 0.2 ml/I December 7, 2009 Flow -- 1200 gpm TSS = <5.0 mg/I Settleable Solids = <0.1 ml/I December 29,2008 Flow - 1200 gpm TSS = <2.0 mg/I Settleable Solids = <0.1 ml/I Inspection Observations: On the day of the inspection (7-14-2011), - 2100 pounds of rainbow trout were removed and sold (size: averaging 1 pound to 20 ounces). The effluent leaving the raceways appeared to be clear and in compliance with permit limits. The stream was also clear downstream of the effluent. This trout farm appears to be well operated and maintained. Other information: Directions: From the ARO in Swannanoa, proceed west on US 70 Hwy for 3 miles. Turn right onto Lower Grassy Branch Road. Go 2.2 miles. Turn right onto Riceville Road. Go 1.5 miles. Turn left onto Bull Creek Road. Go 0.1 mile. Turn slight right onto Shope Creek Road. Follow it 2.2 miles to the end. The trout farm is on the left, behind the barn. Note: There is an electric fence around the raceways to protect the fish from the bears Page # 3 n ') Permit: NGG530078 Owner -Facility: shadow, Creek Trout Inspection Date: 07/1412011 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? 11000 Is the facility as described in the permit? ■ 0 0 0 # Are there any special conditions for the permit? ❑ ■ 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: Operations & Maintenance Yes No NA NE Is the plant generally dean with acceptable housekeeping? ■ 0 013 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 0 0 ■ ❑ Judge, and other that are applicable? Comment: Page # 4 Coverage Under This Permit This permit covers point source discharges from fish packing and rinsing and/or seafood packing and rinsing operations, fish farms and any other similar discharge. This permit does not apply to seafood or fish processing facilities, requiring an individual NPDES permit. This general permit covers concentrated aquatic animal production (CAAP) facilities (fish farms or hatcheries) in ponds, raceways, net pens, recirculating system, flow. through systems, submerged cage systems or similar structures, and any similar facilities that produce fish or aquatic animals, that meet the following criteria: • Cold -water species facilities that produce a minimum 20,000 Its; (9,072 kilos) harvest -weight of aquatic animals per yew, feed more than 5,000 lbs (2,268 kilos) of food per calendar month, and discharge more than 30 days per year. • Warm -water species facilities that produce minimum 100,000 lbs (45,359 kilos) barvest-weight of aquatic animals per year, and discharge at least 30 days per year. • NOTE: The Director may designate any cold or warm water aquatic animal production facility a concentrated aquatic animal production facility, or may require an individual NPDES permit, upon determining that it is a significant contributor of pollution to the surface waters of North Cwolina. Chaumes from Previous General Permit Important changes from the previous permit include: • In Part I. Section C has been edited and reformatted to clarify which facilities qualify under this permit. • In Part Ir, Section B, l.a.b.c.and d. have been edited to clarify, and updated to include revised penalty amounts. AA�A iO R NPDES permitting promram's mectiven 1. To reduce pollutant loads entering waters of the state, 2. To educate the permitted community about stmenwater and wastewater pollutants, 3. To encouraging Best Management Practices(BMPs) to minimize pollutants in stormwater and wastewater discharges, and 4. To prioritize problem woes using analytical data m assess discharge contributions. Ksv Permit Remdrements Permittee shall satisfy annual parameter monitoring and effluent sampling requirements (Part 1, Section A) Permittee shall collect all samples before the effluent joins, or is diluted by, any other wastestream, water or substance (Part D, Section D:1), The Permitme shall give notice to the Division of any planned physical system alterations or additions that could significantly increase the quantity of pollutants discharged, or introduce new pollutants to the discharge (Part 11, Section E:3). The Permifee must report any/afl permit limit or monitoring exceedences to the Division within 24 horns from the time he/she becomes first aware of the limit exceedence (Part B, Section E:6). The Permittee shall evaluate its need to comply, if required, under Part V, Special Conditions — Best Management Practices (BMPs). Frequently Asked Questions Do I need to submit monitoring results annua0y? No. You do not have to submit monitoring reports for this permit, however all monitoring data and analytical results must be kept on site for three _ years. While there we no standardized Discharge Monitoring Reports (DMRs) for this permit, the Division may request to review these data and records at any time (Part B, Section E:1). Special Conditions and reporting requirements apply to facilities that produce a minimum 100,000 lbs (45,359 kilos) harvest -weight of aquatic animals per year (see Part V). M 2) Do I need to employ a Certified Wastewater Treatment Plant Operator? Not at this time. The Division's Operator Training and Certification Unit does not currently require a certified operator for these facilities. However, the requirement remains in the permit with clarification, in the event that burrs re-classification is deemed necessary (Part E, Section C:1). 3) Where do I find my stream classification? The stream classification, i.e. WS-IV, C, Tr, etc. can usually be found in the Certificate of Coverage. If you are unsure of your stream classification, you can contact the NPDES Program. 4) Do I need tome a North Carofim-certified lab to analyze samples? Yes, a North Carolina -certified lab must be used to perform analytical monitoring. However, pH values [the only exception] should be measured in the field because sample degradation is likely over time and during transport to the laboratory. A list of certified labs is available from the Division. 5) What if I sell my business or the name of my business changes ? If you business name or ownership changes, you must complete aName/Ownership Change Form. This minor modification requires the Director's approval. Forms are available by contacting the NPDES Program at (919) 807-6300. 6) When does my permit expire? / How do I renew it? Find the permit expiration date on the first page of the General Permit. This General Permit expires on July 31, 2012. Approximately I80 days prior to expiration, the Division will mail you a notice requesting you to apply for renewal. Other Information For additional information, please contact us at: N.C. DENRI DWQ / NPDES Program 1617 Mail Service Center Raleigh, N.C. 27699-1617 Phone: (919) 807-6300 Fax: (919) 807-6495 You may also contact your local Division of Water Quality Regional Office at: Asheville: 828-296-4500 Mooresville: 704-663-1699 Winston-Salem: 336-771-5000 Raleigh: 919-791-4200 Fayetteville: 910-433-3300 Washington: 252-946-6481 Wilmington: 910-796-7215 Other Information about North Carolina's NPDES General Permits Frustum Find the following documents by contacting the NPDES Program(919-807-6300). a Copies of General Permits and Fact Shoats NCG500000 — Non -contact cooling water, boiler blowdown, cooling tower blowdown, condensate, hydroelectric dams NCG510000 — Groundwater Remediat ion NCG520000 — Sand Dredging NCG530000—Flsh/Seafood packing and rinsing, fish farms NCG550000—SYngle family residences Previous General Permit Technical Bulletins The Division maintains a website on the World Wide Web at htr://oortal.ncdcnr.ore/web/Wo/swo/os/nodes. Also try the DENR Customer Service Center (1-877-623- 6748). For industry -specific information on minimizing pollutants, contact the North Carolina Office of Pollution Prevention and Environmental Assistance (919-715-6500), or on the Internet at http://www.p2pays.org. NORTH CAROLINA DEPARTMENT OF 1 �� ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY ASHEVILLE REGIONAL OFFICE WATER QUALITY SECTION March 5, 1999 Ms. Debra Sloan, Aquaculture Specialist North Carolina Department Of Agriculture 208 Sugar Cove Road Franklin, North Carolina 28734 Subject: Annual Permit Fee Invoice NPDES Permit for Aquaculture Facilities Dear Ms. Sloan: As speculated, it has been determined by staff of the Division of Water Quality Central Officethat the invoices, recently received by area trout farmers, concerning payment of an annual fee for their respective NPDES permits was mailed in error. If you wish to send each of the farms a copy of this letter, a copy of the mailing list is enclosed. We apologize for any inconvenience or furor that this may have caused the trout farmers. If you have any questions concerning this matter, please do not hesitate to contact Keith Haynes or me at 828-251-6208. Sincerely, orres R tal Water Quality. Regional Supervisor xc: ARO WQ staff SLOAN FRW.LET INTERCHANGE BUILDING, 38 WOODFIN PLACE, ASHE V ILLE. RIC 28801-2414 PNOHG 82R-2E 1.8208 FAX 828.231-6432 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -30%RECYCLED/10X POI T-m NFV M[R PAcA. Date sent: Wed, 03 Mar 1999 13:02:16 -0500 From: "Bradley Bennett"<bradley_bennett@h2o.enr.state.nc.us> Organization: NC DWQ To: Forrest Westall <Forrest_westall@aro.enr.state.nc.us> Subject: [Fwd: Trout Farms...] boundary= -------------- B BA F2037AC B24B560 E022E7 B" NCG530049 GOURMET TROUT [WESTERN NC INC TRANSYLVANIA NCG530061 CANTRELL CREEK TROUT FARM TRANSYLVANIA NCG530062 C. R. BROWN ENTERPRISES, INC. MACON ASH NCG530063 FOX TROUT FARM MADISON ASHEVILLE NCG530064 HIGH VALLEY TROUT FARM TRANSYLVANIA NCG530065 SUNBURST TROUT COMPANY, L.L.C. HAYWOOD ASH NCG530066 TRIGO TROUT COMPANY, INC. TRANSYLVANIA NCG530068 CRAIG'S TROUT FARM CHEROKEE ASH NCG530069 CAMP COVE TROUT FARM TRANSYLVANIA NCG530070 D & S FRANKLIN TROUT FARM MADISON ASH NCG530071 TELLICO TROUT FARM MACON ASH NCG530072 C.R. BROWN ENTERPRISES, INC. MACON ASH NCG530073 FRANKLIN TROUT FARM MADISON ASH NCG530074 MORGAN MILL TROUT FARM TRANSYLVANIA NCG530075 ZIEGLER TROUT FARM TRANSYLVANIA NCG530076 HEMAC, INC. SWAIN ASHEVILLE NCG530077 COLDWATER TROUT FARMS, INC. GRAHAM ASH NCG530078 PALAS TROUT FARM BUNCOMBE ASH NCG530079 NCWRC/PISGAH FOREST FISH HTCHYTRANSYLVANIA NCG530080 PARKER CREEK TROUT FARM TRANSYLVANIA NCG530081 WHITEWATER TROUT FARM TRANSYLVANIA NCG530083 SPRINGDALE TROUT FARM HAYWOOD ASH NCG530085 LITTLE EAST FORK TROUT FARM HAYWOOD ASH NCG530087 CRUSO TROUT FARM HAYWOOD ASH NCG530095 COOPER CREEK TROUT FARM SWAIN ASH NCG530101 SWEETWATER TROUT FARM TRANSYLVANIA NCG530103 ZEBULON VANCE HAWES TRANSYLVANIA NCG530104 ROAR MOUNTAIN TROUT FARM MITCHELL ASH NCG530106 GOURMET MOUNTAIN TROUT TRANSYLVIANIA NCG530116 CASHIER VALLEY TROUT FARM TRANSYLVANIA NCG530121 NANTAHALA TROUT FARM MACON ASH NCG530122 HOLDERS TROUT FARM` GRAHAM ASH NGG530123 SORRELLS CREEK TROUT FARM HAYWOOD ASH NCG530130 TUSQUITTEE TROUT RANCH, INC. 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