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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 k..._.�4. '. 1 - �'�,�,:5''+�f �'�'y,'.. ,+,'t` 4a"'�� '. �r{'f.� tL�L�.,, '4�.�+' �'';. `} � ,'i��� 6..�xM,rtit� ���1�!��r'�„�'.f L�' .r'r •,'ti;. �-,�, r � ,•. [ +,t. 6,+{r, 5( ..�"t,` .�<: ,ry'�....•^..' .M' r,. f ,fr+r+��{1 �,,.�- i� ��_x-... S.Ff i �+�.+. as 'tl it t'� '+'.-� f I 4r'.J"aa t.: t l 5. I! 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' NCG530049 � ��.< � ,.���� ��`(�rr �r r y Discharge ; 1 ..+` 't OIQJ �'45 F•:.-aiT ���-; r' }if�_i1V !��^}'e�'y�� "dp "Ica ,�"' -��`'•.,,,. �`''F"'"'..'1' �� t�J~ �. ��`�. f�+f '�,,.J•"f� /,�lx t„j,��f F r, a ...:��.• '''". I �-•,,..�''*+ �+' /f �. �i51~ ,w. ',,,'p`* ._ _ d` 'ti �`-.. �uf"+"I ,t 1 _.y ,.+,'�", �1 � 4 4 r ^•-,, •y`i,.� ,e��,.. 'f'`,r+''1` � i�� �d - � � '4 ,�•5^.�' ,F �p � �,�"5 i p', "t• J^%.� +r� A '*.:.4ti— �4fa�,?f�, .,1• 1 �''�,�..r- V{�� =y t"` ,�'r f '.+',,{' 1�...'"' ����ryyy :i. ; ,I.h+, jfQ�,�r)�f�y' �'.'-`.�-•...' .} �� � +.r-^�"�� �, -..r »r� !'4i,�.,;.. ':` '4 � �+�,` 1, ter/./ff��y lr�T-,��. � r''` �• �f f' e� �. �+.' ��i� � ,'s. 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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 �.. , � � �a � J M � � �� � �� � ��s _ yo `�s r l IFFAA 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 G:IWRIWQITransylvania\Wastewater\GenerallNCG53 Trout Farms101571NOV-2015-PC-0033.doc dq � 41 �� I ,. i ���� $7 c (/1 k� �CDENR a., � �¢�'"a!•t:' l�k �_,a,;.m iiinct.�i�Pi4z'fir Spy 4��l�i j' ��-�i=� I� ,i'.,ui at h fl�+S?�i�r r3rkki, -,� a ����'s'." ��` ;�F kSi t,a 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 ` l Outfall001 a �r t All oil cz 1� l . 14 , • h '� ll ,� _ Z 4 ru oy r� r a 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. 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