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NCG530074_Regional Office Historical File Pre 2018
NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F, Easley, Governor William G. Ross,Jr., Secretary Alan W. Klimek, P.E., Director January 11,2007 Aubrey Dale Owen Morgan Mill Trout Farm Rt 2 Box 397 Brevard,NC 28712 Subject: Renewal Notice/General Permit NCG530000 Certificate of Coverage NCG530074 Transylvania County. Dear Permittee: _ You are receiving this notice because you currently operate a fish farm or fish packing/rinsing facility covered under the subject General Permit. NCG530000 will expire on July 31,2007. Federal(40 CFR 122.41) and North Carolina(15A NCAC 2H.0105(e))regulations require that permit renewal applications be filed at least 180 days prior to expiration of the current permit. To satisfy this requirement,the Division must receive a renewal request postmarked no later than February 1,2007. The Certificate of Coverage(CoC)specific to your property was last issued on August 1,2002. The Division needs information from you to determine if coverage under NCG550000 is still necessary. ➢ If your property still has a wastewater system like the ones described in the enclosed Technical Bulletin,you must renew the subject CoC. ➢ If you are not sure what type of system your property has,contact Larry Frost in the NC DENR Asheville Regional Office at(828)296-4500. That person [or other staff members] can help you determine if you should renew your CoC. ➢ If you know that your facility no longer discharges to a waterbody,contact me at the address or phone number listed below to request rescission of the CoC: The attached application form shows the information the Division has on file for your property. Please verify that the provided information is correct,or make corrections on the form. Complete the additional questions,then sign and date the form. The completed form should be submitted to the address listed below the signature block. If you have any questions concerning this matter,please contact me at the telephone number or e-mail address listed below. (If it is difficult to reach me,please be aware that your facility is one of over 1400 that I am contacting regarding the renewal of several General Permits.) Thanks for your attention.to.this matter Sincerely, Charles H. Weaver,Jr. JAN 1 7 2-007 NPDES Unit cc: Central Files Ashe L ville Regional_Office/ a t : r_ rry_FrosU NPDES file 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 512 North Salisbury Street,Raleigh,North Carolina 27604 �1V One hCarohna Phone: 919 733-5083,extension 511/FAX 919 733-0719/charles.weaver@ ncmai1.net �������� An Equal Opportunity/Affirmative Action Employer 50%Recycled/10%Post Consumer Paper ^.,"�.i,dk s�''is•:a;rai'xy.6tisiwz¢,-�^, i;!r: c wn.,..P I flwn' CDE R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary January 14, 2010 Dale Owen Morgan Mill Trout Farm PO Box 193 Balsam Grove NC 28708 SUBJECT: Compliance Evaluation Inspection Morgan Mill Trout Farm Permit No: NCG530074 Transylvania County Dear Mr. Owen: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection, which I conducted on at the farm on December 17, 2009. The facility was found to be in Compliance with permit NCG530074. 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 828-296-4500. Sincerely, Keith Hayne Environmental Sr. Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Transylvania\Wastewater\General\NCG53 Trout Farms\0074CEI12-17-09.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,swannanoa,NC 28778 No thCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service:cw 1-877-623-6748g�u1,R/�� Internet:www.naterauality.or4 C-) United States Environmental Protection Agency Form Approved. E P/�/-� 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 NI 2 Isl 31 NCG530074 I11 12I 09/12/17 117 181C 191GI 201 J tJ 1 Remarks lJ U l_J 21111111111111111111IIIIIIIIIIIIIIIIIIIIIIII111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA --------------------------Reserved---------------------- 67 I 1 69 70 U 71 U 72(N I 73( I �74 751 1 1 1 1 1 I 180 Section B: Facility Data �-- u_1 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) Morgan Mill Trout Farm 11:45 AM 09/12/17 02/08/01 Rt 2 Box 397 Exit Time/Date Permit Expiration Date Brevard NC 28712 12:10 PM 09/12/17 07/07/31 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 Aubrey Dale Owen,PO Box 193 Balsam Grove NC 28708//828-884-6823/ ContactedNo Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 Facility Site Review 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 Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers D te Roger C Edwards ARO WQ//828-296-4500/ 141ille01 6 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3) NCG530074 I11 121 09/12/17 I17 18UC Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The permit has been allowed to expire and currently is not required due to the low trout production. The owner should renew the permit if the farm production is increased. j i I' i Page# 2 I Permit: NCG530074 Owner-Facility: Morgan Mill Trout Farm Inspection Date: 12/17/2009 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: This facility is currently for sale. Production of trout has been minimal since November of 2008. Page# 3 RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 15, 2010 CERTIFIED MAIL 7009 1680 0002 2464 6814—RETURN RECEIPT REQUESTED Mr.A. Dale Owen Morgan Mill Trout Farm 15 Adventure Ridge Rd Brevard, N.C. 28712 Subject: Expired Certificate of Coverage (CoC) General Permit NCG530000 CoC NCG530074 Transylvania County Dear Mr. Owen: Your trout farm held Certificate of Coverage (CoC) NCG530074 under General Permit NCG530000, which expired on July 31, 2007. North Carolina Administrative Code (15A NCAC 2H.0105 (e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. Your renewal application for your trout farm should have been sent to the Division postmarked no later than February 1, 2007. You must immediately take whatever steps are necessary to resolve the unpermitted discharge of wastewater from your facility. • Complete the enclosed Renewal Form and return it to Mr. Charles Weaver at the address indicated on the Form within 10 days of receipt of this notice. OR • Submit a response letter documenting the date that your trout farm ceased discharging wastewater. The letter should also document that you have no plan to discharge wastewater at the site in the future. If all you have any questions regarding this matter, contact Mr. Keith Haynes in the Asheville Regional Office [828 296-4500 or keith.haynes@ncdenr.govl. If you have any other questions about the permit renewal process, my telephone number, fax number and e-mail address are listed at the bottom of this page. Sincerely, f Charles H. Weavek Jr NPDES Unit UL � cc: Central Files l � Asheville Regional Office/Keith Haynes ^I J U N ' 2010 NPDES File L 1617 Mail Service Center,Raleigh,North Carolina 27699 1617 WA F;©neLITY SECTION 512 North Salisbury Street,Raleigh,North Carolina 27604 p, l{ .�! � I` l Phone: 919-807-6391/FAX 919 807-6495 Internet:http://pofal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper FWArF �k �0 9Q Michael F.Easley,Governor William.G.Ross Jr.,Secretary r' North Carolina Department of Environment and Natural Resources . _.. -, .. O �� �� Colen j Sullins. r f....or I U Division of Nate u ity QQ$$'� DEBORAH WHITMIRE I I.�. I 235 2 2 2008 COO PRESIDENT HEADWATERS OUTFITTERS ADVENTURE VILLAGE 14 PO BOX 1057 W`; I < n ROSMAN NC 28772 _ t Subject:NPDES Permit Wdification-Name&Ownership Change Adventure Village WWTP Formerly D&D Catfish Resort Certificate of Coverage NCO086223 Transylvania County Dear Ms.Whitmire: Division personnel have reviewed and approved your request for name/ownership change of the subject certificate of coverage received on January 10,2008. This permit modification documents the change of ownership of the above reference facility. Please find enclosed the revised certificate of coverage. All other terms and conditions contained in the original certificate remain unchanged and in full effect. 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 the Point Source Branch at(919) 733-5083,extension 350. Sincerely, lz Laurie Singleton NCDENR Point Source Branch cc: Central Files Asheville Office,Surface Water Protection rn Fran McPherson,NCDENR;DWQ,Budget NPDES Unit File NCO086223 No ehCarolina aturrr!!�/ North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet: h2o.enr.state.ne.us 512 N.Salisbury St. Raleigh,NC 27604 FAX (919)733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/101/o Post Consumer Paper Permit NCO086223 STATE OF NORTH CAROLINA . DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Headwaters Outfitters Adventure Village is hereby authorized to discharge wastewater from a facility located at the .Adventure Village WWTP 129 Israel Road Brevard Transylvania County to receiving waters designated as Peter Weaver Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective January 18, 2008. This permit and authorization to discharge shall expire at midnight on September 30, 2010. Signed this day January 18, 2008. ACIO /q oleenullins, Director Division of Water Quality By Authority of the Environmental Management Commission United States Environmental Protection Agency Form Approved. Washington,D.C.20460 PA 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 U 2 U 31 NCG530074 ' 111 121 05/08/30 1 17 18 U 19 LJ 20 U Remarks 2111111111I11I11111111111111IIIII111111111 Jill 11166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------------------Reserved----------------------- 67 1 1 69 70 U 71 U 72LJ 73 W 74 751 I I I I I I 180 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) Morgan Mill Trout Farm 11:00 AM 05/08/30 02/08/01 Rt 2 Box 397 Exit Time/Date Permit Expiration Date Brevard NC 28712 11:25 AM 05/08/30 07/07/31 Name(s)of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Aubrey Dale Owen,Rt 2 Box 397 Brevard NC 28712//709-884-6823/ ContactedNo Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance N Facility Site Review 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 Larry Frost ARO WQ//828-296-4500 Ext.4658/ ����� Keith Haynes ARO WQ//828-296-4500 Ext.4660/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. NPDES yr/mo/day Inspection Type 1 31 NCG530074 I11 12, 05/08/30 I17 18 u Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility was generally clean and maintained. The raceways were in good condition. Permit: NCG530074 Owner-Facility: Morgan Mill Trout Farm Inspection Date: 08/30/2005 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA N Is the plant generally clean with acceptable housekeeping? N ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH,DO,Sludge Judge, 130011 and other that are applicable? Comment:Trout Farm MMA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr.,Secretary Alan W. Klimek, P.E., Director November 29, 2004 A. Dale Owen Morgan Mills Resorts, Inc. 15 Morgan Mill Road Brevard, NC 28712 Subject: Renewal Notice NPDES Permit NCO081001 Morgan Mills Resorts WWTP Transylvania County Dear Permittee: Your NPDES permit expires on September 30,2005. Federal(40 CFR 122.41)and North Carolina (15A NCAC 2H.0105(e))regulations require that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application,you may disregard this notice. To satisfy this requirement,your renewal package must be sent to the Division postmarked no later than April 3, 2005. Failure to request renewal by this date may result in a civil assessment of at least$500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after September 30,2005,the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to$25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit,contact me at the telephone number or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. Sincerely, Charles H.Weaver, U E. NPDES Unit T� Nov 3 0 2004 cc: Central Files ,Asheville Regional Office,Water Quality Section WATER QUALITY SECTION NPDES File ASHEVILLE REGIONAL OFFICE 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One 512 North Salisbury Street,Raleigh,North Carolina 27604 NorthCarolina Phone: 919 733-5083,extension 511/FAX 919 733.0719/charles.weaver@ ncmail.not ;Vatumily An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper NPDES Permit NCO081001 Morgan Mills Resorts WWTP Transylvania County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative.Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.ILb of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A D to Title 40 of the Code of Federal Regulations,Part 122) and ALL Municipal facilities with a permitted flow>_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater(cooling water, flterbackwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mr. Charles H. Weaver,Jr. NC DENR/ Water Quality / NPDES Unit G `y, 1617 Mail Service Center Raleigh, NC 27699-1617 O��` vv A r�`9QG Michael F.Easley,Governor William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources Q '� Alan W.Klimek,P.E.Director Division of Water Quality D Cn n December 22,2004 r'ri m A.Dale Owen M > ND t lr Morgan Mill Resorts,Inc. o -4 GO 15 Morgan Mill Rd. a M rl 5 Brevard,North Carolina 28712 0 cc�� z Subject Receipt of permit renewal applic Son NPDES Permit NCO081001 Morgan Mill Resorts,Inc. Transylvania County Dear Mr.Owens The NPDES Unit received your permit renewal application on December 20,2004. We need one additional item in order to process your permit renewal: ♦ Solids handling and disposal. How often are solids (sludge)removed from your facility? How are solids disposed after removal? A member of the NPDES Unit will review your application. That staff member will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. The requirements in your existing permit will remain in effect until the permit is renewed(or the Division takes other action). If you have any additional questions concerning renewal of the subject permit,please contact me at (919) 733-5083, extension 520. Sincerely, Carolyn Bryant Point Source Branch cc: CENTRAL FILES Asheville Regional Office/Water Quality Section NPDES Unit On a&e Carolina Ag11y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Intemet: h2o.enr.state.mus 512 N.Salisbury St. Raleigh,NC 27604 FAX (919)733-2496 1-877-623-6748 NPDES APPLICA"_'PN FOR PERMIT RENEWAL- l�P RT FORM D To be filed only by private, owned dischargers of 100% domestic luu.tewater (<1 MGD flow) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 http://h2o.enr.state.nc.us/NPDES/ North Carolina NPDES Permit Number [NC00 Q Please print or tjpe 1. Contact Information: Facility Name Owner Name 0 Street Address city Y)te-110 rot I State / Zip Code N Ci Z� C Telephone Number Fax Number (SZV) 243'A -LSq2S e-mail Address Operator Name �I],, p `� bc��e Street Address 't'ju W 1 t P"] city State / Zip Code K]C' County Telephone Number 2. Location of facility producing disc ge: Check here if same as aboveG, Facility Name (If different from above) Street Address or State Road City State / Zip Code County 3. Reason for application: Expansion/Modification * Existing Unper pitted Discharge Renewal New Facility * Provide a description of the expansion/modification: U DEC 2 0 2004 La =t w*ii Qt.;' f� 1. Page.1 of 3 Version 12102 NPDES APPLI nION FOR PERMIT RENEWAL<"�ORT FORM D To be filed only by privateiy-owned dischargers of 100% domestic wastewater (<1 MGD flow) 4. Description of the existing treatment facilities (list all installed components with capacities): 5. Description of wastewater (check all that apply): Type of Facility Generating.Wastewater Industrial Number of Employees Commercial Number of Employees Residential Number of Homes School Number of Students/Staff Other Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.): 6. . List all permits,construction approvals and/or applications (check all that apply): Type Permit Number Type Permit Number RCRA Non-Attainment UIC Ocean Dumping NPDES Dredge/Fill Permits PSD Other NESHAPS 7. Number of separate wastewater discharge pipes (wastewater outfalls): 8. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each outfall: 9. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): r Page 2 of 3 Version 12102 L' k NPDES APPLIC.,f`j ON FOR PERMIT RENEWAL-(__�ORT FORM D To be filed only by privatE_, -owned dischargers of 100% domestic �,Ltewater (<1 MGD flow) 10. Is this facility located on Native American lands? (chec one) YES _ .. ._ .. ... __ . NO.. I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing Title Sign re of Applicant . Date Signed North Carolina General Statute 143-215.6(b)(2)provides that:Any person who knowingly makes any false statement representation,or certification in any application,record,report,plan,or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,or who falsifies,tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,shall be guilty of a misdemeanor punishable by a fine not to exceed$10,000,or by imprisonment not to exceed six months,or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than$10,000 or imprisonment not more than 5 years,or both for a similar offense.) Page 3 of 3 Version 12(02 Morgan Mill Resorts, Inc. 15 Morgan Mill Road , { Brevard, NC 28712 Phone(828)884-6823----1-(800)854-9142 Fax(828)884-4928 Email morganmllla@citcom.net �ilf'iI f1 r UAI IVI SHN10i9 1Ct�i! ftCGlQ;dl�l O�EiG6 p,,,<. November 24,2003 Forest Westall 59 Woodfin Place Aseville,NC 28801 Dear Mr.Westall: Thank you for taking time to meet today at Morgan Mill Trout Farm to discuss additional changes to the farm to improve water quality in Morgan Mill Creek.Below are items that we recommended. 1.Intake a. Install a flume,trough or other device in the stream from running water above the intake to below the intake, maintaining adequate flow below the intake. b.Remove sediment, if possible, from the intake box and above the intake,and/or manage the intake to prevent large amounts of sediment from accumulating.Cleaning of these areas should only take place during times of high water flow. 2.Farm Outflow a.Install a riser-type outflow in the sediment pond at the outflow of the farm. You stated the installation of these devices should enhance downstream insect drift to stream areas below the intake and will further increase retention of sediment from upstream sources by Morgan Mill Trout Farm.It is my hope that these efforts,along with upstream landowner participation to reduce erosion in the watershed,will improve water quality and result in Morgan Mill and Peter Weaver Creeks being removed from the list of impaired waters in North Carolina. The sediment pond at the outflow of the catchout pond has been dredged and has increased sedimentation efficiency. Since acquiring Cherokee Trout Farm,the production at Morgan Mill Trout Farm has greatly decreased.This has resulted in less feed used and reduced nutrients leaving this farm Thanks again de Dale Owen Your name goes here i State of North Carolina Department of Environment • and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary NCDENR Alan W. Klimek, P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 26,2002 AUBREY DALE OWEN MORGAN MILL TROUT FARM RT 2 BOX 397 BREVARD, NC 28712 Subject: Reissue-NPDES Wastewater Discharge Permit Morgan Mill Trout Farm COC Number NCG530074 Transylvania County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG530000,the Division of Water Quality(DWQ)is forwarding herewith the reissued wastewater general permit Certificate of Coverage (COC). This COC is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S.Environmental Protection Agency, dated May 9, 1994(or as subsquently amended). The following information is included with your permit package: * A copy of the Certificate of Coverage for your treatment facility * A copy of General Wastewater Discharge Permit NCG530000 * A copy of a Technical Bulletin for General Wastewater Discharge Permit NCG530000 Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal,state,or local law rule,standard,ordinance,order,judgment,or decree. If you have any questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater and General Permits Unit at(919)733-5083,ext.578 Sincerely, bA4eveee r �for Alan W.Klimek,P.E. cc: Central Files Stormwater&General Permits Unit Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50%recycled/10% post-consumer paper State of North CarolinaIT Department of Environment • and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary NCDENR Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 4/23/2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED ATTN: AUBREY DALE OWEN MORGAN MILL TROUT FARM RT 2 BOX 397 BREVARD, NC 28712 Subject: NOTICE OF VIOLATION FAILURE TO SUBMIT RENEWAL APPLICATION MORGAN MILL TROUT FARM NCG530000 COC NUMBER NCG530074 TRANSYLVANIA COUNTY Dear Permittee: This letter is to inform you that,as of the date of this letter,the Division of Water Quality has not received a renewal request for the subject permit certificate of coverage. This is a violation of NCGS§143.215.1 (c)(1)which states"All applications shall be filed with the commission at least 180 days in advance of the date on which it is desired to commence the discharge of wastes or the date on which an existing permit expires,as the case may be". Any permittee that has not requested renewal at least 180 days prior to expiration or permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will be subjected to enforcement procedures as provided in NCGS §143-215.6 and 33 USC 1251 et.seq. In order to prevent continued,escalated action,including the assessment of civil penalties you must submit a completed permit coverage renewal application to the attention of the"Stormwater and General Permits Unit"at the letterhead address within ten(10)days of your receipt of this letter(renewal application enclosed). If the subject discharge has been terminated,please complete the enclosed rescission request form. Mailing instructions are listed on the bottom of the rescission request form. You will be notified when the rescission process has been completed. Thank you for your prompt attention to this situation. If you have any questions regarding this matter,please contact Aisha Lau of the central office Stormwater and General Permits Unit at 919-733-5083,ext.578. Sincerely, for Gregory J.Thorpe,Ph.D. Acting Director,Division of Water Quality cc: Stormwater and General Permits Unit Files Central Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper I OF W ATFR Michael F. Easley Q ="A Governor CENR William G. Ross,Jr., Secretary > North Carolina Department of Environment and Natural Resources 0 `< Kerr T. Stevens, Director Division of Water Quality 6 r; July 20,2001 l I Mr.A.Dale Owen ® pr), 15 Morgan Mill Road Brevard,North Carolina 28712 Subject:Issuance of NPDES Permit NCO081001 Morgan Mill Resorts WWTP Transylvania County Dear Mr. Owen: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly,we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty(30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh,North Carolina 27699-6714). Unless such demand is made,this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. 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, the 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 Charles Weaver at telephone number (919) 733-5083, extension 511. Sincerely, ORIGINAL SIGNED BY SUSAN A. WILSON Kerr T. Stevens cc: Central Files Asheville Regional Office/Water,Quality Section z _ NPDES Unit Point Source Compliance Enforcement Unit C.Division of Water Quality/NPDES Unit Phone:(919)733-5083 1 1 it Service Center,Raleigh,NC 27699-1617 fax:(919)733-0719 Internet:h2o.enr.state.nc.us DENR Customer Service Center:1 800 623-7748 Permit NCO081001 { STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, A. Dale Owen is hereby authorized to discharge wastewater from a facility located at the Morgan Mill Resorts WWTP U.S. Highway 64 West northeast of Rosman Transylvania County to receiving waters designated as Morgan Mill Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, 111 and IV hereof. This permit shall become effective September 1, 2001. This permit and authorization to discharge shall expire at midnight on September 30, 2005. Signed this day July 20, 2001. ORIGINAL SIGNED BY SUSAN A. WILSON Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO081001 SUPPLEMENT TO PERMIT COVER SHEET A. Dale Owen is hereby authorized to: 1. After receiving an Authorization to Construct from the Division, construct and operate an 0.01 MGD wastewater treatment facility. This facility will be located northeast of Rosman on U.S. Highway 64 West at the Morgan Mill Resorts WWTP in Transylvania County. 2. Discharge from said treatment works at the location specified on the attached map into Morgan Mill Creek, classified B-Trout waters in the French Broad River Basin. O 0 1 at\ ark! ai � ;-rmr veyerd � � U • rrr �i V o � 123. ` Dr ve-in•1h ler I �^ :ON () U O�'• i1`%Substatio`` ---^��D � r-•- 1 d 4 1 / _ _ 1 ,I M •°�at�r \ t 1M�.b \ \\ I � AafNO • y� - �;STATION 7 [1 f {t r •� I L � � _ . i 0 1 Mile I I , 1 �' �. • , r Mile N LE Quad:Rosman,N.C. b Q N C 0 0 810 01 Facility 1 Latitude:35°09'S5" Longitude: 82°48'25" Morgan Mill Resorts W ITP Location Stream Class:B-Trout Subbasin:40301 Receiving Stream:Morgan Mill Creek North F KAIEP Permit NCO081001 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthy` Daily Measurement Sample Type Sample:Location Average Maximum Frequency Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD,5-day(20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N 24.0 mg/L Weekly Grab Effluent Fecal Coliform 200/100 ml 400/100 ml Weekly Grab Effluent (geometric mean) Total Residual Chlorine 28 pg/L 2/Week Grab Effluent Temperature(°C) Weekly Grab Effluent Oil and Grease 30.0 mg/L 60.0 mg/L Weekly Grab Effluent MBAS Weekly Grab Effluent pH1 Weekly Grab Effluent Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I (continued) Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or"the Division" Means the Division of Water Quality,Department of Environment and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act,as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average"in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is,therefore,an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part 1 of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average"in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria,is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under"Other Limits" in Part I of the permit. Part II Page 2 of 11 6. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the. number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under"Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation"in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods:January through March,April through June,July through September,and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Tvaesoff Samples a. Composite Sample:A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or Part II Page 3of11 8. a. (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (3) a single,continuous sample collected over a 24-hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four(4) during a 24-hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean,values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day: A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance: A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant: A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination,revocation and reissuance, or modification;or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Part II Page 4 of 11 1. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of$2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation,or imprisonment for not more than 3 years,or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law,a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues,with the maximum amount of any Class 1I penalty not to exceed$125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" ,(Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances,and the remainder of this permit, shall not be affected thereby. Part II Page 5of11 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing,or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si��atory Requirements All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: 0) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars),if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality,State,Federal,or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 0) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and (3)The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations." Part II Page 6of11 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,Subchapter 2H .0100;and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A NCAC Chapter 8G .0200. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A,NCAC Chapter 8G .0200. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50%complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Part II Page 7 of 11 4. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part 11, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The permittee submitted notices as required under Paragraph c.of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. 0) of this section. 5. Upsets a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive maintenance, or careless or improper operation. b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance,is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate,through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated;and (3)The permittee submitted notice of the upset as required in Part 11,E. 6. (b) (B) of this permit. (4)The permittee complied with any remedial measures required under Part II,B. 2. of this permit. d. Burden of proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. k Part II Page 8 of 11 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken,as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reportine Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director,DEM,postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,and all other reports required herein,shall be submitted to the following address: NC DENR/ Division of Water Quality/Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Once-through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Part II Page 9of11 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used;and £ The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director,or an authorized representative (including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law,to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location. Part II Page 10 of 11 SECTION E REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give,notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit,nor to notification requirements under 40 CFR Part 122.42 (a) 0). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II,D. 4. of this permit or in the case of sludge use or disposal,approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance. L Part II Page 11 of 11 6.b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part I1. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both. L l f PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following"notification levels"; (1) Five hundred micrograms per liter(500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten 00) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,regulations or laws,the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. State of North Carolina �Vlb Department of Environment and Natural Resources 17-7 Asheville Regional Office � 0 Michael F. Easley, Governor NCDENR William G.Ross,Jr.,Secretary Kerr T. Stevens,Director NORTH CAROLINA DEPARTMENT OF Division of Water Quality ENVIRONMENT AND NATURAL RESOUROEs WATER QUALITY SECTION July 17, 2001 Mr. Dale Owen Route 2 Box 397 Brevard, North Carolina 28712 Subject: NOTICE OF VIOLATION Dewatering of Morgan Mill Creek Transylvania County Dear Mr. Owen: On June 20 and again on July 3, 2001, Division of Water Quality Staff observed that the Morgan Mill Trout Farm was removing all of the water from Morgan Mill Creek to supply the trout ponds thereby dewatering a portion of the creek. This is a violation of 15A NCAC 213.0201 (b), which states that a project cannot be permitted that affects state waters unless the existing uses are protected-:Morgan-Mill Creek-is=classified-Class-&Trout. This classification a&defined,in 15A NCAC 213.0211 defines the best usage of these waters as being suitable for the propagation and maintenance of the biological integrity of aquatic life especially trout, wildlife and for secondary recreation such as wading and fishing. Any activity, which precludes these uses, is considered a violation of this water quality standard. Please discontinue the practice of removing all of the water from Morgan Mill Creek to supply the trout farm. Should this practice continue, the Division of Water Quality may initiate enforcement proceedings against you. If you should have any questions, please contact either Kerry S. Becker or me at 828-251-6208. Sincerely, Forrest R. Westall Water Quality Regional Supervisor xc: Kerry S. Becker 59 Woodfin Place,Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality OOM Michael F. Easley, Governor William G. Ross, Jr., Secretary C D E R Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 1.2, 2001 Mr. Dale Owen Morgan Mill Resorts, Inc. 1.5 Morgan Mill Resort,Inc. Brevard,North Carolina 28712 Subject: NPDES Permit Renewal Application Permit NCO081001 Morgan Mill Resorts,Inc. Transylvania County Dear Mr. Owen: The NPDES Unit received your permit renewal application on April 11, 2001. Thank you for submitting this package. The permit renewal for this facility has been assigned to Charles Weaver. This staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over a year and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of N00081.001 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit,please contact Charles Weaver at(919)733-5083, extension 5.1.1. Sincerely, Valery Stephens Point Source Unit �C `S \\ \ t cc: Asheville Regional Office,Water Quality Section NPDES File 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 919 733.5083,extension 520 (fax)919 733-0719 VISIT US ON THE INTERNET @ http://h2o.enr.state.ne.us/NPDES Valery.Stephens@ncmail.net Robert G. Burgin, Jr., Inc. consnten�c>tvn eer. Sent FedEz April 9,2001 Mr. Charles H.Weaver, Jr. N.C. Department of Environment and Natural Resources __ Division of Water Quality/NPDES Unit 1617 Mail Service Center Raleigh,NC 27699- 1617 E 1 2001 Re:NPDES Permit NCO081001 . RGB,Jr.Inc.File#0962 DENR - WATFR OLIALITY POINT SOUKCE ERANCH Dear Mr.Weaver: Thank you for your letter of March 27,2001. My client,Morgan Mill Resorts, Inc/A. Dale Owen, desire for this NPDES permit to remain in affect. No wastewater plant has been constructed at this facility. No discharges have taken place under this permit. The facility is permitted for future operations that have not been planned or constructed at this time. My client would request by this letter that the name for this NPDES permit be changed from A. Dale Owen/Transylvania Evergreen Corporation to Morgan Mill Resorts,Inc. /A. Dale Owen. If you have any questions concerning this matter,please feel free to call upon me at anytime at (803)781-2965. With kind regards, I am Sincerely yours, Robert G. Burgin., Inc. 94.& Robert G.Burgin,Jr.,PE Enclosures Copy: A. Dale Owen with enclosures Robert G.Burgin,Jr.,Inc.PO Box 1804 Irmo,SC 29063 Phone-(803)781-2965 Fax-(803)781-5419 Digital Pager-(803)690-1737 NPDES PERNUT APPLIClr%PION - SHORT FORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) N. C. Department of.Environment and Natural Resources Division of Water Ouality/NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 North Carolina NPDES Permit Number NCO0 81001 Please print or type 1. Applicant and facility producing discharge A. Name Mnrgan Mi 11 R _anr a Tnc_ A_ bale Owen B. Mailing address of applicant: Street address 1 S Morgan Mill Resorts, Inc. City Brevard County TRANSYLVANIA State —NC Zip Code 28712 Telephone Number ( 828 ) 884-6823 Fax Number ( 828 ) 884 4978 e-mail address C. Location of facility: Street Highway 64 West City Brevard County Transylvania State NC Zip Code 28712 Telephone Number ( 828 ) 884-6823 2. Standard Industrial Classification (SIC)code(s). No WWTP Facility has been built 3. Number of employees: 0 4. Principal product(s) produced: Principal raw material(s)consumed: 5. Principal process(es)• 6. Amount of principal product produced or raw material consumed Listspecific amounts consumed and/or units ofproduction) Product Produced or Raw Material Consumed Product Produced or Raw Material Consumed AVERAGE PEAK per Da per Month per Year 7. Check here if discharge occurs all year ,or None Circle the month(s) in which discharge occurs: January February March April May June July August September October November December Days per week discharge occurs: NOTE:if the facility has separate discharge points(outfalls)or multiple industrial processes,include a schematic diagram of wastewater flow at the facility. Page 1 of 2 Version—1112000 NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilitir:s vviLh a discharge <1 MGD (or WTPs) 8. Types of wastewater discharged to surface waters only(check as applicable). Discharge per operating day Flow Volume treated before discharging GALLONS PER OPERATING DAY PERCENT Sanitary-daily average 0 0 Cooling water,etc.-daily average 0 0 - Process water- daily average 0 Maximum per operating day for 0 0 total discharge (ail types) 9. If any of the types of wastewater identified in item 8(either treated or untreated)are discharged to places i other than surface waters,record the amount(s)discharged below: A. Municipal sewer system 0 gpd B. Underground well 0 gpd C. Septic tank 0 gpd D. Evaporation lagoon or pond 0 gpd E. Other,specify 0 gpd 10. Number of separate discharge points: 0 11. Name of receiving stream(s): Morgan Mill Creek 12. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities,or processes? Circle all that apply: aluminum ammonia beryllium cadmium chromium chlorine (residual) copper cyanide lead mercury nickel oil and grease phenols selenium zinc <�one�theabove I certify that I am familiar with the Information contained In the application and that to the best of my knowledge and belief such Information is true,complete,and accurate. A,klr-4; Printed name 6f Person Signing Title Signature of Applicant Date North Carolina General Statute 143-215.6B(i)provides that:Any person who knowingly makes any false statement representation,or certification in any application,record,report,plan,or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,or who falsifies,tampers with,or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,shall be guilty of a misdemeanor punishable by,a fine not to exceed$10,000,or by imprisonment not to exceed six months,or by both. (18 U.S.C.Section 1001 provides a punishment by a fine of not more than$10,000 or imprisonment not more than 5 years,or both,for a similar offense.) Page 2 of 2 Version—1112000 FACILITY COUNTY _ _ _ CLASS MAILING ADDRESS RESPONSIBLE FACILITY OPERATOR OFFICIAL REPRESENTATIVE TELEPHONE NO. _ -- WHERE LOCATED CERT. NUMBER CLASS NPDES PERMIT NUMBER IVC OTHER PERMIT NO. STATE FEDERAL DATE ISSUED DATE ISSUED EXPIRATION DATE STREAM: NAME CLASS 7Q10 _ SUB-BASIN State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality md James B. Hunt, Jr., Governor Jonathan Howes, Secretary E F1 A. Preston Howard, Jr., P.E., Director c July ' tzt�' Aubrey Dale Owen Morgan NO Trout Farm ly u Route 2,Box 397 ` / Brevard,NC 28712 ip �Tj� Subject: Certificate of Coverage No. NCG530074�/���� Renewal of General Permit Morgan Mill Trout Farm Transylvania County Dear Permittee: In accordance with your application for renewal of the subject Certificate of Coverage, the Division is forwarding the enclosed General Permit. This renewal is valid from the effective date on the permit until July 31,2002. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.Environmental Protection Agency dated December 6,1983. If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have the right to request an individual permit by submitting an individual permit application.Unless such demand is made, this certificate of coverage shall be final and binding. The Certificate of Coverage for your facility is not transferable except after notice to the Division. Use the enclosed Permit Name/Ownership Change form to notify the Division if you sell or otherwise transfer ownership of the subject facility. The Division may require modification or revocation and reissuance of the Certificate of Coverage. If your facility ceases discharge of wastewater before the expiration date of this permit, contact the Regional Office listed below at (704) 251-6208. Once discharge from your facility has ceased, this permit may be rescinded. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit,please contact the NPDES Group at the address below. Sincerely, ' Y A.Preston Howard,Jr.,P.E. cc: Central Files Aslieville`;1Zegional; Office' NPDES File Facility Assessment Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 (919)733-5083 FAX(919)733-0719 p&e@dem.ehnr.state.nc.us An Equal Opportunity Affirmative Action Employer 501%recycled /10%post-consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG530000 CERTIFICATE OF COVERAGE NO.NCG530074 TO DISCHARGE WASTEWATER FROM FISH FARMS, SEAFOOD PACKING & RINSING AND SIMILAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act,as amended, Morgan Mill Trout Farm is hereby authorized to operate a facility which discharges wastewater from a fish farm or from seafood packing &rinsing operations and similar wastewaters from a facility located at Route 2,Box 397 Brevard Transylvania County . to receiving waters designated as subbasin 40302 in the French Broad River Basin in accordance with the effluent limitations,monitoring requirements, and other conditions set forth in Parts I, II, III and IV of General Permit No. NCG530000 as attached. This certificate of coverage shall become effective August 1, 1997. This certificate of coverage shall remain in effect for the duration of the General Permit. Signed this day July 23, 1997. r f,/_,� /A. Preston Howard, Jr., P.E., Director Y Division of Water Quality By Authority of the Environmental Management Commission Cy q [t' / yY 5fA 4 tR' ✓ "$ V' E".. may, Wa Cr QlmNty 1(cctioffl .i. State of North Carolina Asheville i�<r;io1 :,; t}'nice -Ashevilio, North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor 3/30/90 George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director Mr. Aubrey Dale Owen Route 2, Box le Subject : NPDES Permit Application Brevard, NC 28712 NPDES Permit No.NC0078956 Morgan. Mill Trout Farm Dear Mr. Owen Transvlvania County This is to acknowledge receipt of the following documents on March 29, 1990 : Application Form Engineering Proposal (for proposed control facilities) , Request for permit renewal, Application Processing Fee of , Other , The items checked below are needed before review can begin : Application Form , Engineering proposal (see attachment) , Application Processing Fee of , Delegation of Authority (see attached) Biocide Sheet (see attached) Other If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete . This application has been assigned to Rosanne Barona (919/733-5083) of our Permits Unit for review. You will e advised ot any comments recommendations, questions or other information necessary for the review of the application . I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge . If you have any questions regarding this applications, please contact the review person listed above . Si cerely, �M. Dale Overcash, P .E . cc : eL Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer k NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, t:,;,ki. AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION f rAf' J /yyU P.O. Box 27687 Raleigh, N.C. 27611 TROUT FARM QUESTIONNAIRE/APPLICATION 1. Legal 4me of a licant: if 2. Mailing Address Street, Route, or P.O. Box No. 4'"" , A L. !S,` City of Town Rp. County State Zip Code 2- 3 . Telephone number ¢. 4 . Name of facility Ado ;¢A) 902 :k F�� 5 . Ownership (check one) a. Government t b. Private C. Both Government and private 6. Is this facility locked on tribal lands? � Q / Yes No G ° ' 7 . Is this facility (check one) a. Existing b. Proposed 8 . Date facility was or will be constructed. (mo/yr) 9. Location of facility a. City/Town (as applicable) b. County 10 . Give directions to this facility from the nearest Town (use road numbers and mileage between points ) 1 ; Trout Farm Questionnaire/Application Page Three of Three 20 . What is the estimated total production capacity.6 of the facility after any proposed expansions? 66y r> pounds per year Date of proposed expansion (mo/yr) 21 . Do you feed more than 5 , 000 pounds of feed during the calendar month of maximum feeding? Yes V No 22 . Do you proc�e-s's trout for sale at this facility? Yes v No If yes, please describe how you handle the processing wastewater. S%,T r..E t.1 f , 23 . Have you ever applied for a/state water pollution control permit (NPDES permit) for �this facility? Yes No `t t 24 . If a state water pollution control permit for this facility has been issued, give date and permit number. a. Date of issuance (mo/dy/yr) b. Permit number 25 . Have you received, from any level of government, written notice of complaint pertaining to water pollution from this facility? Yes No V I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Prince me of person signing Title j �..r• oei� �. � e! .,+rws � h'':•�j•. S i9 ksm S g ture of applicant Date'a'pplication signed If you have questions, please contact the Division of Environmental Management, Water Quality Section in Asheville at 704-251-6208 , in Winston-Salem at 919-761-2013 or is Raleigh at 919-733-5083 . Date April 4, 1990 NPDES STAFF REPORT AND RECOMMENDATIONS / ) County: Transylvania NPDES Permit No.NC0078956 PART I - GENERAL INFORMATION _ 1. Facility and Address: Morgan Mill Trout Farm Rt. 2 , Box 397 Brevard, N.C. 28712 2. Date of Investigation: March 1990 3. Report Prepared By: Gary T. Tweed, P.E 4. Persons Contacted and Telephone Number. Kerry Owen 704/884-6823 5. Directions to Site: The existing facility is located off U.S. 64 where it crosses Morgan Mill Creek near Rosman. 6. Discharge Point - Latitude: 35-10-05 Longitude: 82-48-30 Attached a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No. or USGS Quad Name Rosman 7. Size ( land available for expansion and upgrading) : Several Acres 8. Topography (relationship to flood plain included) : Rolling to Steep. 9. Location of nearest dwelling: N/A 10. Receiving stream or affected surface waters: Morgan Mill Creek a. Classifications: B Trout b. River Basin and Subbasin No. 04-03-02 C. Describe receiving stream features and pertinent downstream uses: Rural Drainage. \ Y PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: % Domestic % Industrial 100 % Trout Farm Water a. Volume of Wastewater: b. Types and quantities of industrial' wastewater: N/A C. Prevalent toxic constituents in wastewater: d. Pretreatment Program (POTWs only) in development approved should be required not needed 2. Production rates (industrial discharges only) in pounds a. highest month in the last 12 months b. highest year in last 5 years 3 . Description of industrial process ( for industries only) and applicable CFR Part and Subpart: 4. Type of treatment (specify whether proposed or existing) : It is proposed to continue the operation of the existing trout hatchery which discharges to Morgan Mill Creek. The facility has a settling basin for solids collection. 5. Sludge handling and disposal scheme: Solids have not been removed from setlling basin. 6. Treatment plant classification: N/A 7. SIC Code(s) 0279 Wastewater Code(s) 25 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only) ? No 2. Special monitoring requests: 3. Additional effluent limits requests: 4. Other: PART IV - EVALUATION AND RECOMMENDATIONS Morgan Mill Trout Hatchery submitted the Division Trout Farm Questionnaire indicating that the facility was producing more than 20 , 000 pounds per year and feeding more than 5,000 pounds of feed in maximum month of feeding. This level requires issuance of a NPDES Permit. It is recommended that a permit be drafted for this operation (- � in accordance with trout farm permitting procedures previously developed. 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