HomeMy WebLinkAboutNCG530157_Regional Office Physical File Scan Up To 6/5/2020 I Date Received
NCDENR
^+at1onal Pollutant Discharge Elimination System
Pc S n _ i
CG 30000
NOTICE QE1WEM
National Pollutant Discharge Elimination systern apphootion for coverage under General Pprinit
NG053 W. Seafood packing and rinsing, fish fares and similar veastQvvaiars
(Please print or type)
f a Mailing addrass of owner/operator. _
Company Name _ � �� ��i>v f� � UG Lli I e—A o m ^�- -�lC l/� �v`�-
-- - - X ,
Owner Narne - — C,��v� —
�; _._...jam...-•---------------
Street Address
city State
Telephone No. ��-�— _���'�d _ _ Fax: _--- ------
Address to vrhich-.-ii porniit correscende nce will he mailed
2} Location of facility producing discharge:
Facility Name l�c^f^ �._Tvobf-- -u:
Facility Contact
:street Address _ _�5� [j(�� i�'��%�11 ----- -------- -- --
City -- ��,�:s` ----- - - state-1
V_ ZIP Cocf _ AA I l_
County Telephone No. _-_; i_t ,J e �lvu �j � - -_
Fax: — ---- ---"-------
3) Physical locafioal information.
Please provida a narrative description of hour to got to the facility (use street narnes, state road
numbers, .and distance at d direction from,a roadway intersection�_ A.Sfi��';:L,1�-��—��-
fA copy of a county rnap or USGS quad sheet with iaciiity cleariy located on the map is required to b,-submitted with i riis application] PUUA a
4) This NPIDES rtriit application applies to which of the folloyring ;
0 New or Proposed
0 ModifiCatbrl
�j Please describe the modification:
17
_Rene,wal
Y Please specify existing permit number and original issue:date:
5) What is the nature of the business applying, fir finis Pe rait= ���..��-t__ CA 144
(j) Does tfais facili l have any other NPDES armits?
Flo 'l
Yes MAY 2 1 2008
U
If yeas: list the permit numbers for all current NPI)ES per,nits for this faci ity:
-- —" — gFEt;GUR,LITYSEC"flOICE
NCG530000 N.0.1.
7) Description of Dischnrge
a) Is the discharge directly to the reroNfing water? [] No
If no, submit a site rnap with the pathway to the potentladreceiving waters cleady marked. This
includes tracing the pathway of the storm sewer to the discharge poind, if the storm sewer is the
only viable means ofdiauharge�
b\ Number of discharge points (ditchen, pipee, ohanne/m, etc. that convey wastewater from the.
property): � _ -----------------
o) Volume of discharge parearhdiochargepoint (in8PD>:
#1P*_/5A#2: _----___#O�________#4_________
d) Please,describe the type of waste,,%sater is being dk;charged. be Gpecific (inclwde,any known
pollutants h discharge).
tj
a> What typecdwamtewoter is discharged?
���
0 Crab washing 0 -fable washing [] Fish washing � |oh farm water
[] Other: __'____'_-__-_-__-___''-__
0 |mthenaanytpeatrnantbaingnppUedtothevvmetewaterbefonad/mohapga (ohackthatypeof
treatment inyoa).
e#|iugpond [] Treatment Eouipnmeni [] Screens
[] Floor screens [] Nona
El Other:
A) How much of!hevo)umedischarged is treated (state in percent)?
h) If any box in item (f.) obovo, other than nona, was checked, please inc|udedewignapecifiuw (i.a.,
dmaignvo!unna' retention time, surface area, etc.) with submittal package, Existing treatment
facilities should ba described indetail. Design criteria and operational data (including
calculations)shou|dhe provided to ensure that the facility can comply with the requirements of
the General Pe/rniL
The treatment shall ba sufficient to meet with the Unnitm set by the general permits. The trapping
efficiency should be c
greater than 75%. The surfave area should be as large as possible to insure
sedimentation occurs. To secure optimum efficiency the flow length of the.basin 10 the basin
width should have a noho of2:1
Note: Construction of any wastewater treatment facilities requires submission of three(8' sets
of plans and specifications- along with the application. Design oftreatment facilities must
comply with requirements cf15AN(}AO2H �0188. (f construction applies hothis
dieoharge, include the three sets of plans and specifications with this application.
8) Discharge Frequency.
��"
a\ The discharge ka'3���ondnuouo [] Intermittent [] Geenunn|
"
0 !f the discharge|o intermittent, describe when the.discharge will ocnuc
ii) |f seasonal rhech1hernonth(a\ the discharge occurs: [] Jan� [] Feb. El Mar. [] Apr,
[I May 0 Jun� E_j JUL 0 Aug. 0 Sept, E] Oct, 13 Nov. 0 Dec.
NCG530000 KOAL
b) How many days per week is there diechaurge?
c) Please check the days discharge OCCUrs:
0 vat. 10' Sun. 0 Mon. El Tue. 0 Wed. El -i hu. 0 Fri.
9) Recelving waters:
a) What is the name of the body or bodies of vvalier(creek, stream, river, lake, etc,)that,the facility
wastewater discharges into? if the site wastewater discharges to a separate storm sewer system
WS), narne the operator of the 4S (e.g. City of Raleigh'). lekdl iA FO VI
b) 'Stream Classification: C-t T�_ 6 67 5 V 3 --
4-
11 0.) After nativres W Direct Dlschargp:
/\ddress the feasibility of implementing each of the folfa,,Mrig non-discharge alternatives
a) Connection to a Municipal of Regional Sewer Collection System
b.) Subsurface disposal (including nitrification field, infiltration gallery, injection wells, etc.)
c) Spray irrigation
The alternatives to discharge analysis should include boring logs and/or other information indicating
that a subsurface systern is neither fle-asible nor practical as well as written confirmation indicating
that connection to a LC W is not an option. It should also include a present virdue of costs analysis
as outlined in the Division's "Giuidance For the Evaluation of Wastewr-Ver Dis,", sal Afternatilles".
1 4) Additiortai Application Requiriarnantsz:
For new or proposed discharges, the following information must be included in triplicate with this
application or it will be returned as incomplete,
a) 7,6 minute series USGS topographic mat) (or a photocopied portion thereof with discharge
tocation clearly indicated.
b) Site map, if the discharge is -not directly to F.stream, the pathway to the receiving stream must be
clearly indicated. This includes'tracing the pathway of a storm sewer to its discharge point.
c) If this application is being submitted by a consulting engineer(or engineering firm), include
documentation from the applicant showing that the engineer(Or firni) submitting the application
has been designated art authorized Repre-sentaiive of the applicant.
d) Final plans for the treatment system (if applicable). The plans must be,signed and sealed by a
North Carolina registered Professional E-Digineer gnd stamped-"Final Design-Not released for
construction".
e) Final specifications for all major treatment components (if applicable). The specifications must be
signed and sealed by a North Carolina registered Professional Engineer and shall include a
narrative description of the treatment system to be constructed.
I certify that I am familiar with the information contained it) this application and that to the best of my
knowledge and belief such informtitian is'rue, complete, and accurate.
V
Printed Name of Person Signing:
Title:
(S@natUre of A, fivant) (19jate Signed)
f� a
4
Rosman
� Q
n
i
. o e
0
e
r
82773611 35.101389
429 Old Powell Road
FREIII�!CH BROAD RIVER BASPj-.4
Name of Strea mi Subbasin Stream Index Number Mai)Number Class
Glady Fork FRBOI 6-6-7 G07SE3 C;Tr
Gladv Fork FRDOI 6-16-1 GONE WS--II;Tr,HQW
Glady Fork FRB02 6-76-5-5 F08NW I CiTr
)77
ael F.Easley,Governor
J< �A) MichStat of North Carolina
Qom' QG William G.Ross,Jr.,Secretary
Department of Environment and Natural Resources
7 y Coleen H.Sullins,Director..
p Division of Water.Quality
June 26,2008
Christopher E.Selle 1
Fork Trout Farm&Hatcher t. J u L 2 4 2008
Glady Fo y
P.O.Box 478 -
Pisgah Forest,NC 28768 WATER t Q iAi !i-Y
A`H.VI_i_!= 1 'C;!ONAI Cii=i=iCE
.........,.
Subject: General Permit No.NCG530000
Certificate of Coverage NCG530049
Glady Fork Trout Farm&Hatchery
Transylvania County
Dear Mr.Selle:
In accordance with your renewal application for discharge, the Division is forwarding herewith the subject Certificate of
Coverage to discharge under the subject state-NPDES general permit. This permit 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 October 15,2007(or as subsequently 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
Please review the technical information,terms and ponditions in the permit package to confirm compliance. Keith Haynes in
the Asheville Regional Office,phone(828) 296-4500,shall be notified at least forty-eight(48)hours in advance of the initial
discharge from this facility. Such notification to the regional office shall be made during the normal office hours from 8:00
a.m.until 5:00 p.m.on Monday through Friday,excluding State Holidays.
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.
This Certificate of Coverage is not transferable except after notice to the Division of Water Quality. 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 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 this permit, please contact Ron Berry at telephone number 919/733-5083, extension
531,or by email at ron.berry@ncmail.net.
Sincere
Coleen H.Sullins
cc: Central Files
NPDES General Permit Files
,Asheville Regional Office,Surface Water Protection ,
Division of Water Quality,Point.Source Branch Telephone(919)733-7015 NOne Cazolina
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 FAX(919)733-0719 � ilhCaR��
512 N.Salisbury Street,Raleigh,North Carolina 27604 On the Internet at httP.//h2o.enrstate.nc.us/ d�u ✓
An Equal Opportunity/Affirmative Action Employer
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
CERTIFICATE OF COVERAGE NCG530049
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,
Glady Fork Trout Farm&Hatchery
is hereby authorized to discharge wastewater from FISH OR SEAFOOD FARM ponds/pools/tanks from a facility located at.
Glady Fork Trout Farm& Hatchery
452 Old Powell Road
Brevard,NC 28712
Transylvania County
to receiving waters designated as Glady Fork in the French Broad River Basin classified as C, Trout in accordance with the
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV of General Permit
NCG530000 as attached.
This certificate of coverage shall become effective June 26,2008.
This Certificate of Coverage shall remain in effect until expiration on July 31,2012.
Signed this day June 26,2008.
Coleen H Sullins,Director
Division of Water Quality
By Authority of the Environmental Management Commission
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USGS Quad: G7SE Eastatoe Gap. NC
Facility
Latitude: 35' 6' 5"N Stream Class: C,Tr Location
Longitude: 82'46'25"W Subbasin: 04-03-01
NCG530049 Glady Fork Trout Farm
Receiving Stream: Glady Fork North &Hatchery Transylvania Coun
war yw
O�QF FigpG Michael P.Easley,Governor
William,G Ross Jr„Secretary
�— North Carolina Department of Environment and Natural Resources _
co
Coleen 14.Syllin%,Director..
® Pi isipn o� at�fQu`lity
� Ill
June 2008
JUN 1 B 2008
CHRISTOPHER E SELLE
.
GLADY FORK TROUT FARM VVAT_r, ifai.i „ i lc)Iv
�< i is 1F- :n, )P ."11_C' 1I�
PO BOX 478 ,_..__ ._
PISGAH FOREST NC 28768
Subject: NPDES Permit Modification-Name/Ownership Change
Glady Fork Trout Farm
Formerly: Gourmet Mountain Trout Inc
Certificate of Coverage NCG530049
Transylvania County
Dear Mr. Selle:
Division personnel have reviewed and approved your request for name/ownership change of the subject
certificate of coverage received on June 13, 2008. This permit modification documents the change of
ownership of the above reference facility.
A revised certificate of coverage will be issued as part of the renewal application currently under review.
Until the revised certificate of coverage is implemented this facility cannot discharge. This modification is
issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of
Agreement between North Carolina and the U.S. Environmental Protection Agency.
If you have any questions concerning this permit modification,please contact Ron Berry of the Point
Source Branch at(919) 733-5083, extension 5.31.
Sincerely,
Ron Berry
Environmental Engineer
NCDENR DWQ PSB
cc: Central Files
(Asheville Regional Office,'Surface Water Protection
Fran McPherson,DWQ Budget
NPDES Unit File NCG530049
o a
Nrt hCarolina
Jlrrtrrra!!�
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service
Internet: h2o.enr.state.nc.us 512 N.Salisbury St. Raleigh,NC 27604 FAX (919)733-2496 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper
`' ROY COOPER
N
Governor
MICHAEL S.REGAN
Secretary
Water:Resources
LINDA CULPEPPER
Environmental Quality Interim Director
August 24,2018
Headwaters Trout Farms
Attention: Mr. Van Blake Ziegler
26 Trout Haven Lane
Balsam Grove,NC 28708
SUBJECT: NOTICE OF VIOLATION-RESPONSE
NOV-2018-SS-0022
Permit No.NCG530157
Stream Standard Violation—Removal of Best Usage
Transylvania County
Dear Mr. Ziegler,
The Division of Water Resources (DWR) received your response to the subject NOV on July 16,
2018. The response was dated July 12, 2018. You indicated that Dr. Jeff Hinshaw(NCSU),
Debra Sloan(NCDA&CS), and Skip Thompson(NCCES)provided technical assistance with
your proposed action plan.
The proposed action plan to address the NOV includes the following:
1. Devote two tanks in the upper section of the system for sand capture and removal from
the farm source water flow. This can be completed within 30 days of the acceptance of
this plan.
2. The drainage from Clinic Road will be re-routed around the settling pond to prevent
deposition of silt and sand from the road, and to prevent scouring and turbulence during
rainfall events.
3. To prevent discharge of captured solids during clean out,the settling pond will be fitted
with a weir system to allow diversion of the water flow around the pond during the clean
out process. When completed,the pond will be cleaned out immediately,and at least
annually following the initial cleaning.
The DWR supports the proposed actions outlined in your response with the following conditions.
Proposed action 2 describes re-routing a drainage from Clinic Road around the settling pond. If
this drainage is an intermittent or perennial stream, you will need to contact DWR and the Army
Corps of Engineers to determine any potential permitting requirements. If the drainage is a
stormwater ditch, you can proceed with the plan as long as it does not result in the discharge of
sediment to the receiving stream. You must stabilize the relocated ditch(e.g. vegetation and
matting)prior to diverting stormwater into the ditch.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.Hi�liway 70,Swannanoa,North Carolina 28778
828-296-4500
NOV-2018-SS-0022 Response
Page 2 of 3
DWR staff can meet with you on-site anytime to discuss your proposal. At a minimum,please
schedule.a meeting with DWR after the'proposed action plan has been implemented. Please
contact our office within 60 days of receipt of this letter to provide a site update.
Thank you for your attention to this matter. Should you have any questions,please contact Zan
Price at(828)296-4662 or zan.pricenncdenr.gov .
Sincerely,
Zan Price, P.E.,Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Skip Thompson,NC Cooperative Extension Service (email copy)
Debra Sloan,NC Dept. of Agriculture and Consumer Services (email copy)
Dr. Jeff Hinshaw,NCSU(email copy)
Karen Higgins -401 &Buffer Permitting Unit
ARO Files
G:\WR\WQ\Transylvania\Wastewater\General\NCG53 Trout Farms\NCG530157-Ziegler\2018 NOV\20180824_Ziegler.doex
,i
I?ivi�!c�!at e�ia�e>r R85UU1'L'H�
Van B. Ziegler
Headwaters Trout Farms
J U L 16 2010 26 Trout Haven Lane
Balsam Grove,N.C. 28708
Water Quality Roglonal Operations
Ashev',!a R9c�i,)nal Orifice
July 12, 2018 �^�.���...n,.�•
Dear Zan Price:
Following the receipt of an NOV for Shoal Creek Trout Farm dated June 7, 2018, I have
consulted with Dr. Jeff Hinshaw with NCSU, Debra Sloan with NCDA&CS and Skip Thompson
with NCCES to identify the potential causes for reduction in performance of the solids handling
system of the farm, and to develop a plan to address the issue. All three have made site visits to
the facility and agree with the assessment and action plan.
When operating properly, the settling pond below the raceways is adequate in size to capture a
high percentage of solids from the facility. Under normal conditions, the settling pond has
sufficient volume and surface area to achieve an overflow rate well below 0.00 15 ft/s,the rate
recommended for capture of fine, light particles from trout fecal casts in full-flow or offline
settling basins (see WRAC Publication No. 106 06-2001). But two factors have been identified
as primary contributors to significant reduction of the Shoal Creek Farm settling basin
effectiveness. The first is the rapid reduction in settling basin volume and settling efficiency due
to high levels of sand entering and filling the basin. The sources of this sand are Shoal Creek,
the source water for the farm, and runoff from drainage from Clinic Road. The second factor is
scouring and turbulent flow in the basin during rainfall events due to uncontrolled runoff from
the Clinic Road drainage.
Following advice from the technical experts listed above, I propose the following actions to
address the root causes for the NOV for Shoal Creek Trout Farm:
1) I will devote two tanks in the upper section of the system for sand capture and removal from
the farm source water flow. This can be completed within 30 days of the acceptance of this plan.
2) The drainage from Clinic Road will be re-routed around the settling pond to prevent
deposition of silt and sand from the road, and to prevent scouring and turbulence during rainfall
events. The drainage from this roadside ditch currently enters the settling basin in the
northeastern corner, near the farm inflow.
3) To prevent discharge of captured solids during clean out, the settling pond will be fitted with
a weir system to allow diversion of the water flow around the pond during the clean out process,
typically taking—1/2 day. When completed, the pond will be cleaned out immediately, and at
least annually following the initial cleaning.
Actions #2 and#3 will require new construction and should be completed within—90 days of
acceptance of this plan by DEQ, dependent upon suitable weather conditions.
I am confident these actions will be more than adequate to optimize the settling efficiency of the
basin below the farm and greatly reduce water quality impacts from the facility. I await your
response to this action plan and am prepared to begin work right away.
Sincerely:
Van Ziegler
rl
�..x
ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Water Resources
Interim Director
Environmental Quality
June 7, 2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Headwaters Trout Farms
Attention: Mr.Van Black Ziegler
26 Trout Haven Lane
Balsam Grove,NC 28708
Return Receipt#
7017 2620 0000 9759 4377
SUBJECT: NOTICE OF VIOLATION
NOV-2018-SS-0022
Shoal Creek Biological Assessment
Permit No.NCG530157
Stream Standard Violation—Removal of Best Usage
Transylvania County
Response deadline: July 16,2018
Dear Mr.Zeigler,
On June 20 and 21, 2017, staff from the Division of Water Resources (DWR)Biological
Assessment Unit performed benthic macroinvertebrate sampling in Shoal Creek upstream and
downstream from the Headwaters Trout Farm discharge. Sample results indicated a
Bioclassification of EXCELLENT upstream of the farm discharge and FAIR downstream of the
discharge.
Shoal Creek was sampled below the confluence with the Ziegler Trout Farm effluent channel.
Riffle habitat was poor and large amounts of detritus and flocculant sediments were abundant.
Large,pink undulating masses of Limnodrilus cf. hoffineisteri, a sewage taxon,were visible
from the surface of the water. Other dominant organisms were the predatory leech, Helobdella
modesta, and filter-feeding blackfly larvae. Additionally, dense mats of emergent Sparganium
americanum (bur-reed) and Fontinalis moss were present in the channel, an indication of high
nutrient enrichment.
These sample results show that organic and nutrient loading and other adverse impacts from the
trout farm are causing water quality standard violations in an undetermined length of Shoal
Creek.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
828-296-4500
NOV-2018-SS-0022
Page 2 of 3
VIOLATIONS
An undetermined.length of Shoal Creek, classified as C;Trout waters, has been impacted by the
Zeigler Trout Farm. As a result of the above-referenced biological assessment conducted on
June 20 and 21, 2017,the following violations were noted:
Removal of Best Usage—15A NCAC 02B.0211 (2)—Conditions related to Best Usage:the
waters shall be suitable for aquatic life propagation and maintenance of biological integrity,
wildlife, secondary recreation,and agriculture. Sources of water pollution that preclude any of
these uses on either a short-term or long-term basis shall be violating water quality standards.
REQUIRED ACTION
During the General Permit renewal period,the DWR negotiated a trout farm best management
practice (BNIl') implementation program for area trout farms with partners from the NC Trout
Industry,the NC Department of Agriculture&Consumer Services,NC Aquaculture Association
(NCAA),NC Farm Bureau Federation and the NC Cooperative Extension.
The Shoal Creek farm was one of three farms identified for the BMP_implementation program.
These farms will be encouraged to participate in one of more of the following options based on
land/space availability, funding and cost share availability:
-Raceway Pond Settlement Systems
-Artificial Wetlands
Waste Removal Vacuum Systems
- Other technologies that may benefit the Western NC trout industry's waste management
handling.
You must determine what practices at your trout farm are resulting in water quality degradations
and develop a plan that will result in the restoration of downstream biological integrity and
suitable conditions for aquatic life. Please provide an update of any BW implementation work
at your farm to this office by July 16,2018:
We recommend that you contact Skip Thompson with the NC Cooperative Extension Service or
Debra Sloan with the NC Department of Agriculture&Consumer Services for technical
assistance.
NOV-2018-SS-0022
Page 3 of 3
Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be addressed immediately. These violations and any future violations are subject to a
civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any
questions regarding these matters,please contact Zan Price at(828)296-4662 or
zan.price@ncdenr.gov .
Sincerely,
Zan Price,P.E.,Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Skip Thompson,NC Cooperative Extension Service (email copy)
Debra Sloan,NC Dept. of Agriculture and Consumer Services (email copy)
Brianna Young,NC Division of Water Resources,NPDES Permitting Unit(email copy)
Karen Higgins -401 &Buffer Permitting Unit
ARO Files
0:\WR\WQ\Transylvania\Wastewater\General\NCG53 Trout Farms\NCG530157-Ziegler\2018
NOV\20180607_Ziegler_NOV2018-SS-0022.docx
PAT MCCRORY
t.. Governor
DONALD R. VAN DER VAART
Secretary
WaterResources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
July 8, 2016
Van Blake Ziegler
Headwaters Trout Farms
26 Trout Haven Ln
Balsam Grove,NC 28708
SUBJECT: Compliance Evaluation Inspection
Clinic Road Farm
Permit No: NCG530157
Transylvania County
Dear Mr. Ziegler:
Per our telephone conversation on July 6, 2016 and on-site meeting on January 13, 2016,the
Division of Water Resources (DWR) is requesting routine maintenance and solids removal from
the in-line settling basin at the subject facility. The settling basin is currently full of solids and
does not have sufficient capacity to capture solids prior to discharging to Shoal Creek. Please
reference your approved Operation and Maintenance (O&M)Plan dated March 20, 2015. Make
sure to utilize best management practices during the requested maintenance activity to avoid
water quality standard violations in the receiving stream(e.g. instream sediment,turbidity, etc).
The DWR has set a deadline of August 10,2016 to complete the requested maintenance to stay
in compliance with your approved O&M Plan and permit NCG530157. If you or your staff have
any questions or concerns,please call me or Tim Fox at 828-296-4500.
Sincerely,
Zan Price, PE
Assistant Regional Supervisor
cc: MSC 1617-Central Files-Basement
Asheville Files
G:\WR\WQ\Transylvania\Wastewater\General\NCG53 Trout Farms\0157\Sett1ingPond_Itr 07-08-
2016.docx
State of North Carolina I Environmental Quality I Water Resources
2090 US Hwy 70 1 Swannanoa,North Carolina 28778
828 296-4500
IA. LU
MA
ff
F1
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
January 17,2014
Juanita Ann Hoxit
Post Office Box 301
Balsam Grove,North Carolina 28707
Ms. Hoxit:
On December 18, 2013, Landon Davidson and I met with you onsite to discuss your concerns about the existing
trout farm water intake, and its maintenance. This letter is to provide additional information and resources as
discussed during this site visit.
During the site visit, we discussed"maintenance of an existing structure" and the permit that is applicable for
that activity. In the attached U.S. Army Corps of Engineer's Nationwide Permit,the Regional General
Conditions, and Water Quality Certification, you will note that the Nationwide Permit clearly states that the
issuance of an approval to perform work under that Permit does not convey a right to property access. It should
also be noted that the Water Quality Certification, by rule, "certifies"that the person working under that
Certification is not violating the Water Quality Standards for the authorized activity, as long as the Certification
conditions are being complied with. (15A NCAC 02H .0506 (a)).
15A NCAC 02H .0506 (a) Certification shall be issued where the Director determines water quality
standards are met, including protection of existing uses.
With regard to unauthorized excavation of streams, stream alterations which would require coverage under a
Water Quality Certification, or a reduction in downstream channel flows,the Division of Water Resources
views the reduction in wetted area(removal of flows), and the removal of aquatic substrate(habitat) as a water
quality standards violation (Removal of Best Usage(15A NCAC 02B .0211 (2)),.
15A NCAC 02B .0211 (2) [ ] The waters shall be suitable for aquatic life propagation and maintenance
of biological integrity,wildlife, secondary recreation, and agriculture; sources of water pollution which
preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a
water quality standard.
With respect to your desire to excavate the stream channel above the water intake,the Division of Water
Resources relies on North Carolina State Universities published regional curve (please find attached) in
determining the need for excavation, and by how much. In determining the appropriate channels size,the
drainage area draining to the desired work area will need to be determined and then the existing channel
dimensions can be extrapolated from the provided graphs.
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:828-2964500 FAX:828-299-7043
Internet:http://portal.ncdenr,org/web/wq
An Equal Opportunity 1 Affirmative Action Employer
Juanita Ann Hoxit
January 17,2014
Page 2
I hope you find this information helpful. Please do not hesitate to contact me at kevin.barnettnaegncdenr.g_ov, or
at 828-296-4657 should you have any further questions.
Best regards,
Kevin H. Barnett
Environmental Senior Specialist
Water Quality Regional Operations—Asheville Regional Office
Inclusions: US Army Corps of Engineers,Nationwide Permit 3
US Army Corps of Engineers, Regional Conditions(2012)
Water Quality Certification No. 3883
NC Rural Regional Curve—Mountains
G:\WQ\S WP\Transylvania\Complaints\Hoxit\Hoxit.SiteMeetingSummary.12-18-2013.docx
Price, Zan (George)'
From: Leslie,Andrea J
Sent: Friday,January 15, 2016 9:30 AM
To: Price,Zan (George)
Subject: RE: Settling Pond excavation and Trout Moratorium
Hi.Zan. Yes, they would need to avoid.this during the trout moratorium. There are both.Brown Trout and
Rainbow Trout downstream..
Andrea Leslie
Mountain Habitat Conservation Coordiriator
NC Wildlife Resources Commission
20830 Great Smoky Mountain Expressway
Waynesville, .NC 28786
828-558-6011; 828-400-4223 (cell)
www.ncwil.d.li.fe.org .
Get NC Wildlife UEdate delivered to your inbox from the N.C.Wildlife Resources Commission.
Email corraspondence to and from this sender is subject to the iN.C.:Publ..ic Records Law and may be disclosed to third parties.
From: Price, Zan (George)
Sent:Thursday,January 14, 2016 9:42 AM
To: Leslie,Andrea J <andrea.leslie@ncwildlife.org>
Cc: Fox,Tim <tim.fox@ncdenr.gov>
Subject: Settling Pond excavation and Trout Moratorium
Andrea,
There is a trout farm on Clinic Road in Balsam Grove with a NPDES General permit. They need to clean out their settling
pond below the trout farm that discharges to Shoal Creek. Does this activity need to be avoided during the trout
moratorium? See pits below.
yPm
C V In /�c� `� l� ^O LJ fin. VJ c' C C r'L-i C O �`` Li C C�.. j'L/_
C(C� v�k kl�� s�f�i�, I��-3,`, �^�
i
Thanks.
Zan Price, P.E.
Assistant Regional Supervisor—Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ- Division of Water Resources
828 296 4500 office
828 231 9634 mobile
email: zan.price(a)ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
2 j
i
FqCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
June 29, 2015
Van Blake Ziegler
Headwaters Trout Farms
26 Trout Haven Ln
Balsam Grove NC 28708
SUBJECT: Compliance Evaluation Inspection
Clinic Road Farm
Permit No: NCG530157/NCG530158
Transylvania County
Dear Mr. Ziegler:
Enclosed please find a copy of the Compliance Evaluation Inspections conducted on 5/28/2015. Per the request
of this office, an O&M plan was submitted by the owner detailing management practices for solids/materials
management, material storage, structural maintenance, record keeping, and training for personnel. The O&M
plan along with the annual sampling analytical results were found to be acceptable and in compliance with
permit NCG530157.
No violations of permit requirements or applicable regulations were observed during this inspection of facility
NCG530158.
Please refer to the enclosed inspection report for additional observations and comments. If you or your staff
have any questions,please call me at 828-296-4500 or jeff.menzel@ncdenr.gov.
Sincerely,
Jeff M nzel
Environmental Specialist
cc: MSC 1617-Central Files-Basement
Asheville Files
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:828-296A500 FAX:828-299-7043
Internet:http:/lportal.ncdenr.org/web/wq
An Equal Opportunity 1 Affirmative Action Employer
G:1WR1WQ1TransylvanialWastewaterlGenerallNCG53 Trout Farms10100157 CEI 5-2015.doc
United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A:National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 2 3 I NCG530157 I11 12 15/05/28 17 18 I c I 19 I ! i 20 u
211 L1 1 1 1 u1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 L L I I r6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 CIA --- Reserved--------
67 70 71 itJ 72 L,J 73 80 1
Section B:FacilityData
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number) 09:OOAM 15/05/28 12/08/01
Clinic Road farm
Clinic Rd Exit Time/Date Permit Expiration Date
11:OOAM 15/05/28 17/07/31
Balsam Grove NC 28708
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
///
Van Blake Ziegler/Owner/828-884-6221/8288846967
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Van Blake Ziegler,26 Trout Haven Ln Balsam Grove NC
Yes
2870BH828-884-6221/8288846967
Section C:Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance E Sludge Handling Disposal 0 Facility Site Review Effluent/Receiving Waters
Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQH828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
NPDES ydmo/day Inspection Type (Cont.)
31 NCG530157 J1 12 15/05/28 18 ICI
LJ
Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
This inspection was conducted as a follow-up to the site visit conducted on January 26,2015. During
that previous investigation, a significant amount of solids were noted coating the stream bottom for
several hundred feet downstream of the subject facility.A NOTICE OF VIOLATION
NOV-2015-PC-0033 was issued at that time and it was requested that the owner submit an Operation
and Maintenance BMP plan.
The O&M plan submitted by the owner includes management practices for solids/materials
management, material storage, structural maintenance, record keeping, and training for personnel.The
O&M plan along with the annual sampling analytical results were found to be acceptable and in
compliance with permit NCG530157.
Per the Operation and Maintenance BMP plan, settling ponds and quiescent areas will be routinely
cleaned and screens will be used to exclude trout from these zones to maintain efficient capture of
solids.The owner and the inspector also discussed the possibility of installing piping in the main
settling pond to allow for dewatering so that solids can be removed without impacting the receiving
stream. Please contact this office before modifying the settling pond.
No violations or permit requirements or applicable regulations were observed during this inspection.
Page# 2
Permit: NCG530157 Owner-Facility: Clinic Road farm
Inspection Date: 05/28/2015 Inspection Type: Compliance Evaluation
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable 0 ❑ ❑ ❑
Solids,pH, DO, Sludge Judge, and other that are applicable?
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? 0 ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑
Comment:
Page# 3
United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 6-31-98
Section A:National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection-Type Inspector Fee Type
1 IN I 2 (F 1 3 I NCG530158 I11 12 15/05/28 17 18 I C I 19 I I 20I
21111111 1111111 11 11 1 11 1111 1 1 11111 1111111 11 11 f6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 CIA ------Reserved
671 70 71 L__I 72 L N 731 I 174 75III 80
Section B:Facility Data LJ
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:00AM 15/05/28 12/08/01
Trout Have Lane farm
26 Trout Haven Ln Exit Time/Date Permit Expiration Date
Balsam Grove NC 28708 12:00PM 15/05/28 17/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Van Blake Ziegler/Owner/828-884-6221/8288846967
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Van Blake Ziegler,26 Trout Haven Ln Balsam Grove NC
28708//828-884-6221/8288846967 Yes
Section C:Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance 0 Facility Site Review Effluent/Receiving Waters
Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) _
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers / Date
Jeff Menzel _ A ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
NPDES yr/mo/day Inspection Type 1
31 NCG530158 I1 1 12 15/05/28 1 18 JCJ
Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Page# 2
Permit: NCG530158 Owner-Facility: Trout Have Lane farm
Inspection Date: 05/28/2015 Inspection Type: Compliance Evaluation
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT,Settleable 0 ❑ ❑ ❑
Solids,pH, DO, Sludge Judge,and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ❑
application?
Is the facility as described in the permit? 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
I
I
Operation and Maintenance BMP Plan Date
Shoal Creek Trout Farm FA
A. — ior RosourCs3Address /r�u G/d�-10031) ZAI
9 2015
Phone 5� .-2 �> [ —cD �— uakyReatonai Operations
Asheville Re oionni of rice
Solids and Materials Management
-Feeding trout in the production system will be done by visual assessment(satiation feeding) or in a
manner to minimize the potential discharge of uneaten feed.
-Used feed bags will be stored in a contained area until approved disposal can occur.
- Settling ponds and quiescent areas will be routinely cleaned and screens will be used to exclude
trout from these zones to maintain efficient capture of solids.
-Fish mortalities will be removed on a regular basis to prevent discharge to receiving waters.
- The Division of Water Quality will be notified in writing within 5 days if the trout facility is
participating in an Investigational New Animal Drug (INAD).
Materials Storage
-Drugs, pesticides, and feed will be stored in a manner to minimize potential spills.
- In the event of a spill, the material will be properly contained, the area cleaned and properly
disposed. The Division of Water Quality will be notified of a spill with the potential to impact
the environment within 24 hours with a written report to follow within 5 days.
Structural Maintenance
- The production and waste management systems will be routinely inspected to identify and
promptly repair any damage.
-Regular maintenance will be conducted on the production and waste management systems.
- The Division of Water Quality will be notified within 24 hours with a written report within 5 days
of damage to any containment structures that results in the loss of materials hazardous to the
receiving stream.
Record Keeping
-Maintain records for raceways documenting feed amounts and estimates of fish numbers and
weights.
-Keep records of the frequency of cleaning, inspections, maintenance and repairs.
Training
- Train all relevant personnel in spill prevention and spill response procedures.
-Provide training to staff on the proper operation and cleaning of the production and waste
management systems.
Pace Analytical Services,Inc.
® 2225 Riverside Dr.
7,,Qakeftlytical Asheville,NC 28804
www.pacelabs.com (828)254-7176
i
ANALYTICAL RESULTS
Project: Van Zeigler 3/18
Pace Project No.: 92241680
Sample: Headwaters Lab ID: 92241680001 Collected: 03/18/15 08:00 Received: 03/18/1511:44 Matrix:Water
Parameters Results Units Report Limit OF Prepared Analyzed CAS No. Qual
25400 Total Suspended Solids Analytical Method:SM 2540D
Total Suspended Solids NO mg/L 2.5 1 03/24/1516:12
2540F Total Settleable Solids Analytical Method:SM 2540F
Total Settleable Solids NO mUUhr 0.10 1 03/18/1518:30
Sample: Shoal Creek Lab ID: 92241680002 Collected: 03/18/15 07:15 Received: 03/18/1511:44 Matrix:Water
Parameters Results Units Report Limit OF Prepared Analyzed CAS No. Qual
25400 Total Suspended Solids Analytical Method:SM 2540D
Total Suspended Solids NO mg/L 5.0 1 03124/1616:12
2540F Total Settleable Solids Analytical Method:SM 2540F
Total Settleable Solids NO mUUhr 0.10 1 03/18/1518:30
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced,except in full,
Date:03/26/2015 05:35 PM without the written consent of Pace Analytical Services,Inc.. Page 4 of 10
ALE �
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
February 20, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7014 0510 0000 4466 0523
Van Blake Ziegler, Owner
Headwaters Trout Farms
26 Trout Haven Ln
Balsam Grove NC 28708
SUBJECT: NOTICE OF VIOLATION
NOV-2015-PC-0033
Compliance Evaluation Inspection
Clinic Road Farm
Permit No: NCG530157
Transylvania County
Dear Mr. Ziegler,
Enclosed please find a copy of the Inspection Report conducted on January 26, 2015. Upon investigation, a
significant amount of solids were noted coating the stream bottom for several hundred feet downstream 'of
the subject facility. The in-line solids handling structure below the raceways was filled entirely with solids.
VIOLATIONS
Approximately 300 feet of Shoal Creek, designated as class C,Trout waters, was impacted by solids present
downstream of the subject facility. As a result of the above-referenced inspection of the site and associated
downstream locations occurring on January 26, 2015, the following violations were noted:
• Removal of Best Usage—15A NCAC 02B.0211 (2)—Conditions related to Best Usage: the waters shall
be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary
recreation, and agriculture. Source of water pollution that preclude any of these uses on either a short-
term or long-term basis shall be violating water quality standard; and,
a Presence of settleable solids—15 NCAC 026.0211 (8) - Floating solids, settleable solids, or sludge
deposits: only such amounts attributable to sewage, industrial wastes, or other wastes as shall not
make the water unsafe or unsuitable for aquatic life and wildlife or impair the waters for any
designated uses.
The Division is requesting the annual reporting records from the last 3 years along with a written plan
addressing Operation and Maintenance Best Management Practices as outlined by the permit. Please ensure
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:828-296-4500 FAX:828-299-7043
Internet:hftp://portal.ncdenr.org/web/wq/
An Equal Opportunity 1 Affirmative Action Employer
,:1WR1WQITransylvania\Wastewater\GenerallNCG53 Trout Farms101571NOV-2015-PC-0033GLD(2).doc
that you specifically include a description of how the facility minimizes the discharges of solids. These must be
submitted within the next 30 days.
Please refer to the enclosed inspection report for additional observations and comments.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within thirty (30) working days of receipt of this letter. You should address the causes of
noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any
questions, please do not hesitate to contact Jeff Menzel at 828-296-4500 or jeff.menzel@ncdenr.gov.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
WQ Central Files w/attachment
ARO Water Quality Section w/ attachment
I
United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A:National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 IN 1 2 15 1 3 I NCG530157 I11 12 15/01/26 1
17 18 ICI 191 S 1 201
211111 1 1 I I I I II I I I I I I I I I I I I 1 I I I I I I 1 1 1 111 1 1 1 I I l66
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA --------------------Reserved-------------
671 J 70 JLJ j 71 I—1 _
I 72 ,,J� 73I I 174 751 I I I I I I 180
Section B:Facility
Data I
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:30AM 15/01/26 12/08/01
Clinic Road farm
Clinic Rd Exit Time/Date Permit Expiration Date
Balsam Grove NC 28708 12:30PM 15/01/26 17/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Van Blake Ziegler,26 Trout Haven Ln Balsam Grove NC
28708H828-884-6221/8288846967 No
Section C:Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance 0 Sludge Handling Disposal E Facility Site Review 0 Effluent/Receiving Waters
Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
NPDES yr/mo/day Inspection Type (Cont.)
31 NCG530157 I11 12 15/01/26 17 18 ICI
I'
Section D:Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary)
A complaint prompted an inspection at this facility. The last inspection was done September 6, 2011,
and was conducted by Chuck Cranford. Upon investigation a significant amount of solids were noted
coating the stream bottom for several hundred feet below the facility. The in-line solids handling
structure below the raceways was filled entirely with solids.
Due to these observations made at the time of inspection the Division is regarding the lack of solids
management a violation of permit NCG530157. The Division is requesting the annual reporting records
from the last 3 years along with a written plan addressing Operation and Maintenance Best
Management Practices as outlined by the permit.These must be submitted within the next 30 days.
Special Condition-Section E: This Certificate of Coverage (CoC) requires the Permittee to submit
to the Division a written plan addressing Operation and Maintenance Best Management Practices
(BMPs) in
accord with Part 1, Section E. of this permit. Compliance with Section E. shall commence on the
anniversary of the effective date, one (1)year from the issuance of the Certificate of Coverage(CoC).
Please note, the Director may designate any cold 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.
1
t
Page# 2
Permit: NCG530157 Owner-Facility: Clinic Road farm
Inspection Date: 01/26/2015 Inspection Type: Compliance Evaluation
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ❑ 0 ❑ ❑
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ ❑
Solids, pH, DO, Sludge Judge,and other that are applicable?
Comment: The facility is not managing solids correctly and as a result the downstream receiving
waters are being impacted.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑
Comment: A siqnificant amount of solids were observed in the downstream receiving waters.A large
number of escaped trout were also noted in the receiving waters.
Page# 3
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
February 20, 2015
Van Blake Ziegler, Owner
Headwaters Trout Farms
26 Trout Haven Ln
Balsam Grove NC 28708
SUBJECT: NOTICE OF VIOLATION
NOV-2015-PC-0033
Compliance Evaluation Inspection
Clinic Road Farm
Permit No: NCG530157
Transylvania County
Dear Mr,Ziegler,
Enclosed please find a copy of the Inspection Report conducted 2015-01-26. The treatment facility was found
to be in violation of Permit NCG530157 for the following:
Upon investigation a massive amount of solids were noted coating the stream bottom for several hundred feet
below the facility. The in-line solids handling structure below the raceways was filled entirely with solids. Due
to these observations made at the time of inspection the Division is regarding the lack of solids management a
violation of permit NCG530157.
The Division is requesting the annual reporting records from the last 3 years along with a written plan
addressing Operation and Maintenance Best Management Practices as outlined by the permit. These must be.
submitted within the next 30 days.
Please refer to the enclosed inspection report for additional observations and comments.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within thirty (30) working days of receipt of this letter. You should address the causes of noncompliance and
all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do
not hesitate to contact Jeff Menzel at 828-296-4500 or jeff.menzel@ncdenr.gov.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:828-296-4500 FAX:828-299-7043
Internet:http://portal.ncdenr.org/web/wq/
An Equal Opportunity 1 Affirmative Action Employer
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NORTH CAROLINA DIVISION OF WATER QUALITY
Revised May 24,2010
NPDES permitting program's objectives:
Coverage Under This Permit
1. To reduce pollutant loads entering waters of the state,
This permit covers point source discharges from fish 2. To educate the permitted community about
packing and rinsing and/or seafood packing and rinsing stormwater and wastewater pollutants,
operations,fish farms and any other similar discharge. 3. To encouraging Best Management Practices(BMPs)
This permit does not apply to seafood or fish processing to minimize pollutants in stormwater and wastewater
facilities,requiring an individual NPDES permit. discharges,and
4. To prioritize problem areas using analytical data to
This general permit covers concentrated aquatic animal assess discharge contributions.
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 Key Permit Requirements
aquatic animals,that meet the following criteria:
• Permittee shall satisfy annual parameter monitoring
• Cold-water species facilities that produce a and effluent sampling requirements(Part I,Section A)
minimum 20,000 lbs(9,072 kilos)harvest-weight of • Permittee shall collect all samples before the effluent
aquatic animals per year,feed more than 5,000 lbs joins,or is diluted by,any other wastestream,water
(2,268 kilos)of food per calendar month,and or substance(Part II,Section D:1).
discharge more than 30 days per year. . The Permittee shall give notice to the Division of any
planned physical system alterations or additions that
• Warm-water species facilities that produce a could significantly increase the quantity of pollutants
minimum 100,000 lbs(45,359 kilos)harvest-weight discharged,or introduce new pollutants to the
of aquatic animals per year,and discharge at least discharge(Part II,Section E:3).
30 days per year. • The Permittee must report any/all permit limit or
monitoring exceedences to the Division within 24
• NOTE: The Director may designate any cold or hours from the time he/she becomes first aware of the
warm water aquatic animal production facility a limit exceedence(Part II,Section E:6).
concentrated aquatic animal production facility,or . The Permittee shall evaluate its need to comply,if
may require an individual NPDES permit,upon required,under Part V,Special Conditions—Best
determining that it is a significant contributor of Management Practices(BMPs).
pollution to the surface waters of North Carolina.
Frequently Asked Questions
Changes from Previous General Permit
1) Do I need to submit monitoring results annually?
Important changes from the previous permit include: No. You do not have to submit monitoring reports for
this permit,however all monitoring data and
• In Part I,Section C has been edited and reformatted analytical results must be kept on site for three
to clarify which facilities qualify under this permit. years.While there are no standardized Discharge
• In Part II, Section B, l.a.b.c.and d,have been edited Monitoring Reports(DMRs)for this permit,the
to clarify,and updated to include revised penalty Division may request to review these data and
amounts. records at any time(Part II,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).
2) Do I need to employ a Certified Wastewater You may also contact your local Division of Water
Treatment Plant Operator? Quality Regional Office at:
Not at this time. The Division's Operator Training
and Certification Unit does not currently require a Asheville: 828-296-4500
certified operator for these facilities. However,the Mooresville: 704-663-1699
requirement remains in the permit with clarification, Winston-Salem: 336-771-5000
in the event that future re-classification is deemed Raleigh: 919-791-4200
necessary(Part II, Section C:1). Fayetteville: 910-433-3300
Washington: 252-946-6481
3) Where do I find my stream classification? Wilmington: 910-796-7215
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. Other Information about North Carolina's NPDES
General Permits Program
4) Do I need to use a North Carolina-certified lab to
analyze samples? Find the following documents by contacting the NPDES
Program(919-807-6300).
Yes,a North Carolina-certified lab must be used to
perform analytical monitoring. However,pH values • Copies of General Permits and Fact Sheets
[the only exception] should be measured in the field
because sample degradation is likely over time and NCG500000-Non-contact cooling water, boiler
during transport to the laboratory. A list of certified blowdown, cooling tower blowdown,
labs is available from the Division. condensate, hydroelectric dams
NCG510000—Groundwater Remediation
5) What if I sell my business or the name of my NCG520000—Sand Dredging
business changes ? NCG530000—Fish/Seafood packing and rinsing,
fish farms
If your business name or ownership changes, you NCG550000—Single family residences
must complete a Name/Ownership Change Form.
This minor modification requires the Director's • Previous General Permit Technical Bulletins
approval.Forms are available by contacting the
NPDES Program at(919) 807-6300. The Division maintains a website on the World Wide
Web at http://poi-tal.ncdenr,org/web/wq/syT/ps/npdes.
6) When does my permit expire?/How do I renew it? Also try the DENR Customer Service Center(1-877-623-
Find the permit expiration date on the first page of 6748).
the General Permit. This General Permit expires on
July 31,2012.Approximately 180 days prior to For industry-specific information on minimizing pollutants,
expiration,the Division will mail you a notice contact the North Carolina Office of Pollution Prevention
requesting you to apply for renewal. and Environmental Assistance(919-715-6500),or on the
Internet at http://www.p2pays.org.
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
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NCGS 3 0000
to discharge from seafood packing and rinsing, aquatic animal farms,
and similarly treated wastewaters under the
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
in compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission and the Federal Water Pollution Control Act, as amended,this permit is hereby issued to all
owners or operators, hereafter Permittees, covered by this permit as evidenced by receipt of a Certificate
of Coverage (CoC) 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, 2012.
This permit shall expire at midnight on July 31, 2017.
Original signed by Matt Matthews
for Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
V
I
General Permit NCG5300�
PART I
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
SECTION A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to
discharge from outfalls numbered serially beginning with 001. Such discharges shall be limited and monitored by the
Permittee as specified below:
,.:h.x,>r xas, .Lr S;i t ^"4 ➢ '.* a it �.� i1 Rh^
u yEi2 x 4q .; $ Moylt�l� AI� � a� Il � 11 �jjapyy�.
Flow Annually Estimate Effluent
Total Suspended Solids 30.0 mg/L 60.0 mg/LZ Annually Grab Effluent
Settleable Solids 5.0 ml/L 10.0 ml/L Annually Grab Effluent
Dissolved Oxygen Annually Grab Effluent
Footnotes:
(1) Although annual reporting to the Division is not required,routine records maintenance(see Section E) is required,
each item to be kept onsite for a minimum three(3)years,available for inspection upon request by the Division.
(2) If the Permittee discharges to a stream classified as High Quality Waters(HQW),the Daily Maximum limit for Total
Suspended Solids shall not exceed 20.0 mg/L. If the discharge is to waters classified as Tr(Trout),the Daily
Maximum limit for Total Suspended Solids shall not exceed 10.0 mg/L [See Certificate of Coverage(CoC)cover
letter for receiving-stream classification].
(3) Daily Average effluent concentration of Dissolved Oxygen shall not fall below 6.0 mg/L.
General Conditions:
a. Effluent pH for classified freshwater shall not fall below 6.0 nor exceed 9.0 standard units.
b. Effluent pH for classified saltwater shall not fall below 6.8 nor exceed 8.5 standard units.
c. The Permittee shall discharge no floating solids or foam.
d. CAAP facilities discharging to a waterbody classified Nutrient Sensitive Waters(NSW)shall use low-phosphorus
food [see Certificate of Coverage for receiving-stream classification].
e. No fish/seafood offal or fish/seafood carcasses shall discharge from any facility covered by this General Permit.
NOTE: Special Condition-Section E: This Certificate of Coverage(CoC)requires the Permittee to submit
to the Division a written plan addressing Operation and Maintenance Best Management Practices(BMPs) in
accord with Part 1, Section E. of this permit. Compliance with Section E. shall commence on the anniversary
of the effective date, one (1)year from the issuance of the Certificate of Coverage (CoC).
SECTION B. SCHEDULE 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 planning,scheduling and maintenance necessary to operate the existing facilities
in accordance with Part II.C.2 and Part V of this permit.
Page 2 of 5 Pages
8/1/2012
General Permit NCG530000
SECTION C. APPLICABILITY
1. This General Permit covers point-source discharges from Concentrated Aquatic Animal Production(CARP)facilities,
seafood/fish packing and rinsing operations,and any other discharge deemed by the Division to be similar.
2. A Concentrated Aquatic Animal Production(CRAP)facility,subject to the NPDES program is defined,but not
limited to,a hatchery,fish farm,pond,raceway,net pen,submerged cage system,recirculating system,flow-through
system,or similarly structured facility that meet Cold-or Warm-Water definitions and criteria.
a. Cold-Water species facilities that meet or exceed all three(3)of the following:
(1) produce a minimum 20,000 lbs(9,072 kilos)harvest-weight of aquatic animals per year,and
(2) feed more than 5,000 lbs(2,268 kilos)of fish food per calendar month,and
(3) discharge more than 30 days per year.
b. Warm-Water species facilities that meet or exceed both of the following:
(1) produce a minimum 100,0001bs(45,359 kilos)harvest-weight of aquatic animals per year,and
(2) 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.
3. This General Permit does not apply to seafood/fish processing(requiring regulation under Federal Guidelines),and/or to
CAAP facilities deemed to require an individual NPDES permit. Facilities not meeting the minimum requirements of
CARP,as herein defined,are exempt from monitoring and reporting under this permit.
SECTION D DISCHARGE CHARACTERISTICS
1. Activities Covered by This General Permit
This General Permit covers point source discharges originating from seafood packing&rinsing operations,as
defined by 15A NCAC 2H.0103 (19),and from fish farms and hatcheries defined as concentrated aquatic animal
production(CAAP)facilities with production levels above specified minimums(see permit Part I, Section C.
Applicability,a.,b., and c.),and any other discharges deemed similar by the Director.
This General Permit specifically excludes seafood/fish-processing deemed process-contact waste-generating
activities(including but not limited to,gutting,cutting,picking,shucking,cooking,steaming,rendering)requiring an
individual NPDES permit under 40 CFR 408, Subparts A through AG,or other facility deemed by the Division to
require an individual NPDES permit.
2. Geog_raphic Area(s)Covered by This General Permit
This General Permit covers discharges located within the political boundary of the State of North Carolina.
(Exception: Discharges located on the Cherokee Indian Tribal Reservation subject to permitting by the US
Environmental Protection Agency.)
3. Receiving Waters
Receiving waters include all surface waters of the State of North Carolina including separate municipal storm sewer
systems conveying water to these surface waters.
4. Wastewater Characteristics
Discharges consist of seafood/fish rinse water or wash-down water only,or effluents from Concentrated Aquatic
Animal Production(CARP)facilities,as defined by this permit. These wastewaters may contain solids as mud,sand
or vegetation,fish food and drugs,accumulated during or after the hatchery and recovery of fish or seafood.
Page 3 of 5 Pages
8/1/2012
General Permit NCG5300t,,
SECTION E. SPECIAL CONDITION—BEST MANAGEMENT PRACTICES (BMP)PLAN
Fish food-production facilities defined by this permit as Concentrated Aquatic Animal Production(CARP)facilities(See
Part I,Section C.,Applicability),shall develop and maintain a written BMP plan describing how to achieve compliance
with EPA 40 CFR Sec. 451.11(a) through(e)or Sec.451.21(a)through(h). Subject to this Part,the Permittee shall certify
in writing to the Division that a BMP Plan has been developed and implemented,and make the plan available to the Division.
This permit also defines narrative conditions to address the potential for CAAP wastewaters to impact the environment such
as equipment/component failure and spilled materials(drugs,pesticides,fish carcasses,viscera,excess feed,feed bags,
packaging materials,netting and/or other wastes). The following summarizes these narrative limitations to be addressed or
referenced in the BMP Plan.
1. Operation and Maintenance BMP Plan. Within one(1)year of the CoC effective date,the CAAP facility owner or
designated operator must developed and implement an Operations and Maintenance BMP Plan,as defined herein(in
accord with 40CFR 451.3),and certify in writing by submitting a copy of this plan to the Division. The BMP Plan shall
include regular records keeping;each sample,analysis,measurement,report or application to remain onsite for a
minimum of three(3)years, available for Division inspection. This BMP Plan shall address,at a minimum,the following:
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 discarding 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 all 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 necessary 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 train personnel in the responsible use and handling of materials,effective facility
inspections,and maintenance of CAAP systems.(as described above). Training shall include documenting and
reporting to the Division any spill,containment-structure failure,or drug use(see Reporting Requirements).
2. Reporting Requirements. As a means to prevent adverse impacts in the receiving stream,the Division requires reporting
of facility damage,material spills,voluntary or involuntary 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. CAAP facilities shall make oral and written reports to the Division(See 40 CFR 451.3),as follows.
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 CFR 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.
c. Participation in INAD Testing and the Use of Extralabel Drugs—CAAP facilities must notify the Division in
writing within 5 days of volunteering 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 identify and 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 a
specific INAD or extralabel drug,additional approval to treat another species,or to treat another disease using this
Page 4 of 5 Pages
8/1/2012
General Permit NCG530000
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).
SECTION F. NOTICE OF INTENT
Individuals intending to obtain coverage under this General Permit shall submit a Notice of Intent(NOI)and an Application
for Certificate of Coverage(CoC). A current version of these documents can be obtained by contacting the Surface Water
Protection Section/Point Source Branch/NPDES Unit 919-807-6394,or may be downloaded from the Internet at:
http://portal.nedenr.org/web/wq/sn/ps/npdes/appforms
NOIs must be signed and submitted to:
Point Source Branch/NPDES Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
Applicants who have submitted an NOI are not authorized to discharge until the Division issues a Certificate of Coverage.
In general,the NOI shall include the following information:
1. The mailing address and telephone number for the owner and/or operator.
2. The facility name,address and telephone number where the discharge will occur.
3. The permit number of any NPDES permit(s)for any discharge(s)from the site.
4. A description of the discharge,including the number of discharge points,the volume of discharge,the
frequency of discharge and any treatment methods applied prior to discharge.
5. The name of the receiving waters and the stream classification(if known).
6. An analysis of non-discharge alternatives,including connection to a regional sewer collection system,
subsurface disposal and spray irrigation.
7. A 7.5-minute series USGS topographic map clearly indicating the discharge location.
8. Final plans and specifications for the treatment system including all major components(if applicable).
9. Certification that the information contained in the NOI is true,complete,and accurate.
Page 5 of 5 Pages
8/1/2012
TO: NPDES UNIT
j WATER QUALITY SECTION
ATTENTION: Jackie Nowell
DATE: June 12, 2009
NPDES STAFF REPORT AND RECOMMENDATION
TRANSYLVANIA COUNTY
PERMIT NUMBER NCG530158
PART I - GENERAL INFORMATION
1. Facility and Address: Headwaters Trout Farm
26 Trout Haven Lane
Balsam Grove, NC 28708
2. Date of Investigation: June 10, 2009
3. Report Prepared By: Keith Haynes
4. Persons Contacted and Telephone Number: Van Ziegler 828-884-6221
5. Directions to Site: 64 west out of Brevard Right onto 215 north 10 miles left on Trout Haven
Lane.
6. Discharge Point(s), List for all discharge points: 001
Latitude: 35.14.67 degrees Longitude: 82.53.00 degrees
Attach a USGS map extract and indicate treatment facility site and discharge point on map.
U.S.G.S. Quad No. G07NE U.S.G.S. Quad Name Rosman
7. Site size and expansion area consistent with application?
Yes X No If No, explain:
8. Topography (relationship to flood plain included): Flat adjacent to stream
9. Location of nearest dwelling: On site
10. Receiving stream or affected surface waters: North Fork French Broad
a. Classification: B, Trout
b. River Basin and Subbasin No.: FBR01 04-03-01
C. Describe receiving stream features and pertinent downstream uses: Fishing and
recreation.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
NOT APPLICABLE
1. a. Volume of wastewater to be permitted
No discharge /possible stormwater MGD (Ultimate Design Capacity)
b. What is the current permitted capacity of the Wastewater Treatment facility?
C. Actual treatment capacity of the current facility (current design capacity
d. Date(s) and construction activities allowed by previous Authorizations to Construct
issued in the previous two years:
e. Please provide a description of existing or substantially constructed wastewater
treatment facilities:
f. Please provide a description of proposed wastewater treatment facilities:
g. Possible toxic impacts to surface waters:
h. Pretreatment Program (POTWs only):
in development approved
should be required not needed
2. Residuals handling and utilization/disposal scheme: N/A
a. If residuals are being land applied, please specify DWQ Permit Number
Residuals Contractor
Telephone Number
b. Residuals stabilization: PSRP PFRP OTHER
C. Landfill:
d. Other disposal/utilization scheme (Specify):
3. Treatment plant classification (attach completed rating sheet): N/A
4. SIC Codes(s):
Primary Secondary
Main Treatment Unit Code:
PART III - OTHER PERTINENT INFORMATION Not applicable
-2-
1. Is this facility being constructed with Construction Grant Funds or are any public monies
involved. (municipals only)?
2. Special monitoring or limitations (including toxicity) requests:
3. Important SOC, JOC, or Compliance Schedule dates: (Please indicate)
Date
Submission of Plans and Specifications
Begin Construction
Complete Construction
4. Alternative Analysis Evaluation: Has the facility evaluated all of the non-discharge options
available. Please provide regional perspective for each option evaluated.
Spray Irrigation:
Connection to Regional Sewer System:
Subsurface:
Other disposal options:
5. Other Special Items:
PART IV - EVALUATION AND RECOMMENDATIONS
It is recommended that this permit be issued as requested. The facility has been in operation for
numerous years under different ownership.
Signature of Report Preparer
Water Quality Regional Supervisor
Date
-3-
4XXA*
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
MEMORANDIUM
To: Charles (Mack) McKeller
From: Kevin Barnett
Subject: Trout farm water water intake located on Ms. Hoxit's Property
Date: February 13, 2015
Mr. McKeller:
At Ms. Hoxit's request, I am forwarding the observations staff made of the water intake and
associated stream segments located at the property off Clinic Dr. in the Balsam Grove
community of Transylvania County.
• The existing water intake.bypass infrastructure was not a permanent solution(pipe laid
across the intake structure) and may not be capable of passing enough flow during low
flow conditions to comply with N.C.G.S. § 106-763 (b).
• The forebay immediately above the water intake structure, at the time of this visit, did
not appear to require maintenance as there was sufficient depth to contain sediments
transported by the stream while providing water for the downstream trout farm.
2090 U.S.Hwy.70,North Carolina 28778
Phone:828-296-45001 Internet:www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 2015-00269 County: Transylvania
NOTIFICATION OF UNAUTHORIZED ACTIVITY/PERMIT—NONCOMPLIANCE--
t)wi aori , ��r t < ,o�irrrs
Responsible Responsible
Party Ziegler Trout Farm Agent N_/Al
Attn.: Van Blake Ziegler MAR
Address 26 Trout Haven Lane Address
Balsam Grove,NC 28708
i
Telephone Number 828-884-6221 Telephone Numbed
Size and Location of Property (waterbody, Highway name/number, town, etc.): The site is the
Ziegler Trout Farm Facility on an approximately 9.54 acre tract of land(PIN 8546-91-1297-001) on
Clinic Road in Balsam Grove, Transylvania County North Carolina. The coordinates are 35.231407 N,
82.854369 W.
Marion Branch is located on this property. Based upon review of information and available data at this
location, Marion Branch is waters of the U.S. and a Department of Army jurisdictional feature under
Section 404 of the Clean Water Act.
Description of Unauthorized Activity / Permit Noncompliance: Approximately 30-60 linear feet of
unauthorized fill impacts to Marion Branch. Material used for stream bank stabilization has been placed
below the ordinary high water mark of Marion Branch in an area of active and past stream bank erosion at
this property.
Indicate Which of the Following Apply:
X Unauthorized Activity River and Harbor Act,Section 10(33 USC 403)
Noncompliance with Permit X Clean Water Act,Section 301 (33 USC 1311)
Unless you have a Department of the Army Permit for the above described activity, it is a violation of
federal law as specified above. You have agreed to do no further work in waters or wetlands without the
required Department of the Army Permit. Any further unauthorized work in waters or wetlands will be
considered an intentional violation of federal law. If you do no further work in waters and wetlands, and
perform the remedial action requested below, the Corps of Engineers will take no further action in this
matter. If you continue to work in waters and wetlands without the required authorization, and/or fail to
perform the requested remedial action, the Corps will take further administrative'action, and may request
the U.S. Attorney to file suit against you. If you need further information about the Corps of Engineers
regulatory program;please contact David Brown at telephone number 828-271-7980 ext 232.
Remedial Action Requested:
No additional work, except those needed to completed this remedial action, in waters of the U.S. shall
occur without prior notification to this office and any other state or local agencies. You are directed to
contact this office by March 27, 2015. The purpose of this contact will be to discuss with you and/or your
authorized agent the unauthorized discharge of fill material to determine further remedial action and
scoping of a possible restoration/mitigation plan for the unauthorized activities.
Matters to discuss include: 1) Possible after-the-fact permit application for the above noted unauthorized
impacts. 2) Removal of unauthorized fill material at the impacted jurisdictional areas and restoration of
the stream and stream banks.
No further grading or land clearing activities are to be performed in these jurisdictional features without
prior authorization from the Department of the Army.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Asheville Regulatory Field Office.
US Army Corps of Engineers-Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue,Room 208
Asheville,NC 28801
Property Owner/Responsible Party Signature
Regulatory Project Manager Signatu --- 1--�
David Brown
Date 4-March-2015
CF:
NC DENR-DWR, Tim Fox, 2090 US Highway 70, Swannanoa,NC 28778
NC DENR-DWR,Kevin Barnett,2090 US Highway 70, Swannanoa,NC 28778
ANA
NCDEE R u
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen.H.Sullins Dee Freeman
Governor Director Secretary
September 6, 2011
Mr.Van Blake Ziegler
Headwaters Trout Farms
26 Trout Haven Lane
Balsam Grove,NC 28708
SUBJECT: NPDES Wastewater Permit Compliance Inspection
Shoal Creek of Headwaters Trout Farms
Permit No: NCG530157
Transylvania County
Dear Mr. Ziegler:
This letter is in follow-up to the NPDES Wastewater Permit Compliance Inspection conducted on
September 1, 2011. The facility was found to be in compliance with permit NCG530157.
Enclosed is a copy of the Water Compliance Inspection Report, which contains additional
observations and comments for your reference.
Please contact me at(828)296-4664 or chuck.cranford&ncdenr.gov, if I can be of any further
assistance.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Transylvania\Wastewater\GeneratWCG53 Trout Farms\0157\CEI.9.1.11.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:828-2964500\FAX:828-299-7043\Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org NO hfC yarrolliina
An Equal Opportunity 1 Affirmative Action Employer
United States Environmental Protection Agency Form Approved.
Washington,D.C.20460
EPA
'"� OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 151 3I NCG530157 111 12I 11/09/01 ( 17 18luj 19IsI 20I_I
L J Remarks -!
2111111111111111111111111111111111111 , 111 , 111III16
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------Reserved----- ---
67 j 69 701 I 71 I1j 72 N I 731 I 174 751 I I I I I I 180
Section B: FacilityData r_u
Name and Location of Facility Inspected For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Shoal Creek of Headwaters Trout Farms
10:30 AM 11/09/01 09/09/04
26 Trout Haven Lane - Clinic Rd Facility Exit Time/Date Permit Expiration Date
Balsam Grove NC 28708 01:40 PM 11/09/01 12/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Van Blake Ziegler,26 Trout Haven Ln Balsam Grove NC Contacted
28708//828-884-6221/8288846967 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Operations&Maintenance 0 Facility Site Review E Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector( Agency/Office/Phone and Fax Numbers p Date
Chuck Cranford ARO WQ/// bla1 r�
Kevin H Barnett ARO WQ//828-296-4500 Ext.4657/ /Z/�r
Signature e Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
NPDES yr/mo/day Inspection Type (cont.) 1
3I NCG530157 I11 12I 11/09/O1 117 18i _�
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The inspectors were met onsite by Mr. Ziegler and Debra Sloan of the NCDA. The main purpose for the visit
was to respond to a complaint regarding stream impacts from water withdrawal at Shoal Creek.
The facility was found to be in good order and compliant with the permit.
The farm maintains three water intake structures in three streams: Shoal Creek, Marion Branch and.Bart
Branch.All three streams were maintaining water in the channel below the intake structures and appeared
to provide adequate conditions to meet water quality standards. The Shoal creek intake was not bypassing
any water, however, groundwater inputs immediately downstream of the intake structure and throughout the
downstream reach provided low-to-moderate streamflow. At the time of the visit, streamflow was restricted
due to drought conditions. All streams noted in the area presented low-to-moderate flows.
Page# 2
f
r
Permit: NCG530157 Owner-Facility: Shoal Creek of Headwaters Trout Farms
Inspection Date: 09/01/2011 Inspection Type: Complaint
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ 0
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge Q ❑ 0 ■
Judge, and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ■ ❑ 11 0
#Are there any special conditions for the permit? ❑ ■ ❑ 0
Is access to the plant site restricted to the general public? Q Ci ■ .n
Is the inspector granted access to all areas for inspection? ■ ❑ O
Comment:
Page# 3
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 23, 2010
Van Ziegler
Headwaters Trout Farms
26 Trout Haven Ln
Balsam Grove NC 28708
SUBJECT: Compliance Evaluation Inspection
Shoal Creek of Headwaters Trout Farms
Permit No: NCG530157
Transylvania County
Dear Mr. Ziegler:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection which conducted on October 21, 2010. The facility was found to be in
Compliance with permit NCG530157.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to call me at 296-4500.
Sino rely,
Y ,
Keith Haynes
Envoronmental Sr. Specialist
Enclosure
cc:.Central Files
Asheville Files
S:\SWP\Transylvania\Wastewater\General\NCG53 Trout Farms\0157\10.21.'IOCEIIet.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:(828)296-4500\FAX:828 299-7043\Customer Service:1-877-623-6748 1 //
Internet:www.ncwaterauality.ora atma!!y
United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460
OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 1NI 2 IsI 31 NCG530157 I11 121 10/10/21 I17 181rl 191s 201
LJ U Remarks L! lJ lJ
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------—--------—----Reserved-------------—----—
67 I 169 70I I 71 I it' 72I N' 73�74 751 I I I I I I 180
L—+ Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:00 AM 10/10/21 09/09/04
Shoal Creek of Headwaters Trout Farms
26 Trout Haven Lane - Clinic Rd Facility Exit Time/Date Permit Expiration Date
Balsam Grove NC 28708 11:55 AM 10/10/21 12/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
van Blake Ziegler,26 Trout Haven Ln Balsam Grove NC Contacted
28708//828-884-6221/8288846967 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance N Facility Site Review Effluent/Receiving Waters
Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date r
Keith Haynes ARO WQ//828-296-4500/
G /
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ' ARO WQ//828-296-4500/ 1/ 2.3 A
0 0
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
Permit: NCG530157 Owner-Facility: Shoal Creek of Headwaters Trout Farms
Inspection Date: 10/21/2010 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids,pH, DO,Sludge ❑ ❑ ■ ❑
Judge,and other that are applicable?
Comment: The farm is normally very well maintained. Production for 2010 will be
about 130,000 lbs. A normal year would be about 150,000 lbs and a good year's
production would be about 250,000 lbs. Feed rate is about 25 tons about every three
weeks.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ■ ❑ ❑ ❑
#Are there any special conditions for the permit? ■ ❑ ❑ ❑
Is access to the plant site restricted to the general public? ❑ ❑ ■ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment: If a waste management BMP has not submitted for the farm, it should be
done as soon as possible.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑
Comment: Some flow was being diverted from the intake, thus downstream of the
intake was not dry.
Page# 3
r`
NCDENR
North Carolina Department of Environment and Na F���rI4� es"od?ces8 2009
Division of Water Quality nn
Beverly Eaves Perdue Coleen H.Sullins WATER G�UALITY SECTIt�f e Fr man
Director n.sl vI[..I--E F'EGIONAL OFFICESet etary
Governor __._..-....._.. _. ._.__._-....__M._.._._�.. _-� �.�
September 4,2009
Van Blake Ziegler
Shoal Creek Trout Farm
26 Trout Haven Lane
Balsam Grove,NC 28708
Subject: General Permit No. NCG530000
Certificate of Coverage NCG530157
Shoal Creek Trout Farm
Transylvania County
Dear Mr. Ziegler:
with our renewal application for discharge, the Division is forwarding herewith the subject Certificate
In accordance pp g g
Y
of Coverage to discharge under the subject state-NPDES general permit. This permit is issued pursuant to the
requirements of North Carolina General Statue 143-215.1 and the Memorandum of Agreement between North
October 15 2007 or as subsequently amended).
Carolina and the US Environmental Protection agency dated O ( q y )
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
Please review the technical information, terms and conditions in the permit package to confirm compliance.
Permittee should ensure that flow is always maintained in Shoal Creek during diversions for the trout farm.
Keith Haynes in the Asheville Regional Office, phone(828)296-4500, shall be notified at least forty-eight (48) hours
in advance of the initial discharge from this facility. Such notification to the regional office shall be made during the
normal office hours from 8:00 a.m. until 5:00 p.m.on Monday through Friday,excluding State Holidays.
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.
This Certificate of Coverage is not transferable except after notice to the Division of Water Quality. 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 the Division of Water Quality or permits
1617 Mail Service Center,Raleigh,North Carolina 27699.1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 1�TOne
Phone:919.807-6300\FAX:919-807-6492\Customer Service:1.877-623-6748 1�OPthCarolina
• Internet:www.ncwaterquality.org ���`y�� � .
An Equal Oppoaunity\Affirmative Action Employer v y `[
required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local
governmental permit that may be required.
If you have any questions concerning this permit, please contact Jackie Nowell at telephone number 919/807-6386,or
by email atjackie.nowell@ncdenr.gov.
Sincerely,
Coleen H. Sullins
cc: Central Files
NPDES General Permit Files/NCG530157
Asheville Regional Office/Surface Water Protection
STATE OF NORTH CAROLINA
DEPARTMEi-,I OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
CERTIFICATE OF COVERAGE NCG530157
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,
Van Blake Ziegler
is hereby authorized to discharge wastewater from FISH OR SEAFOOD FARM ponds/pools/tanks from a facility located at
Shoal Creek Trout Farm
26 Trout Haven Lane
Balsam Grove
Transylvania County
to receiving waters designated as Shoal Creek in subbasin 040301 of the French Broad River Basin classified as C Trout in accordance
with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV of General Permit
NCG530000 as attached.
This certificate of coverage shall become effective September 4,2009.
This Certificate of Coverage shall remain in effect until expiration on July 31,2012.
Signed this day September 4,2009.
Coleen H.Sullins,Director
Division of Water Quality
.By Authority of the Environmental Management Commission
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One
Phone:919.807-6300\FAX:919-807.6492\Customer Service:1-877-623.6748 NofthCarohna
Internet:www.ncwaterquality.org ���'aH�//�
An Equal Opportunity\Affirmative Action Employer ��/ `
} f
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Outfall001 a
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Shoal Creek Trout Farm
Facility
LocationY,h
Latitude: 350 13'77" N State Grid: Rosman not to scale
Loneitude: 820 51'30" W
Receivine Stream: Shoal Creek Stream Class: C-Trout NPDES Permit No.NCG530157
Drainaee Basin: French Broad River Basin Sub-Basin: 04-03-01 1 Y o�th Transylvania County
i
AYa-�TA r-'- Aol i;'C'Y
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
June 16, 2009
Van Blake Ziegler
Headwaters Trout Farms
26 Trout Haven Ln
Balsam Grove NC 28708
SUBJECT: Compliance Evaluation Inspection
Shoal Creek Trout Farm
Permit No: NCG530157
Transylvania County
Dear Mr. Ziegler:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection, which I conducted on June 10, 2009. The facility was found to be in
Compliance with permit NCG530157.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please call me at 296-4500.
Sincere.t. ,
Keith Haynes
Environmental Senior Specialist
Enclosure
cc: Central Files
Asheville.Files
G:\WPDATA\DEMWQ\Transylvania\Trout Farms NCG53\6.10.09CEIncg157.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70, Swannanoa, NC 28778 NorthCarolina
Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 �aturall�
Internet:www.ncwaterguality.org
16
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