NC0079090_Regional Office Historical File 2001 to 2013

EFFLUENT
NPDES NO: NCO079090 DISCHARGE NO: 1-0 MONTH: YEAR: o2c�L I
FACILITY NAME: Coldwater Trout Farm CLASS: n/a COUNTY:�p Graham
CERTIFIED LABORATORIES (1): Earth EnVlr Services CERTIFICATION NO. 3552
( list additional laboratories on the backsidelpage 2 of this form )
OPERATOR IN RESPONSIBLE CHARGE (ORC) Howard Brown GRADE CERTIFICATION N0.
PERSON(S) COLLECTING SAMPLES: ORC PHONE JU
CHECK BOX IF ORC HAS CHANGED: NO FLOW/ DISCHARGE FROM SITE "
MAIL ORIGINAL AND ONE COPY TO:
ypp t111
ATTN: CENTRAL FILES Ju
Division of Water Quality V
"RECEP1617 Mail Service Center X ''' O
Raleigh, NC 27699-1617 (SI NATURE OF OPERATOR IN RESPONSIBLE CHARGE) ,� „ W
b BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
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Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
The permittee shall report to the Director the appropriate Regional Office any noncompliance that potentially threatens public
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.
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation,
maintenance, etc., and a time table for improvements to be made.
"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."
--
Permittee (Please print or type)
Howard Brown ( -,;Lo— N
Signature of Permittee'" Date
235 Milton Mashburn Drive, Andrews, NC 28901 828.321.3335 November 30, 2007
Permittee Address Phone Number e-mail address Permit Exp. Date
00010 Temperature
00076 Turbidity
00080 Color (Pt -Co)
00082 Color (ADMI)
00095 Conductivity
00300 Dissolved Oxygen
00310 BOD5
00340 COD
00400 pH
00530 Total Susppended
Residue
00545 Settleable Matter
00556 Oil & Grease
00600 Total Nitrogen
00610 Ammonia Nitrogen
00625 Total Kjeldhal
Nitrogen .
00630 Nitrates/Nitrites
00665 Total Phosphorous
00720 Cyanide
00745 Total Sulfide
00927 Total Magnesium
00929 Total Sodium
00940 Total Chloride
PARAMETER CODES
00951 Total Flouride
01002 Total Arsenic
01027 Cadium
01032 Hexavalent Chromiun
01034 Chromium
01037 Total Cobalt
01042 Copper
01045 Iron
.01051 Lead
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147 Total Selenium
31616 Fecal Coliform
32730 Total Phenolics
34235 Benzene
34481 Toluene
38260 MBAS
39516 PCBs
50050 Flow
50060 Total
Residual
Chlorine
71880 Formaldehyde
71900 Mercury
81551 Xylene
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at [phone], or by visiting
the Surface Water Protection Sections's web site at h2o.enr.state.nc.us/wgsand linking to the units information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
" No Flow / Discharge From Site Check this box if no discharge occurs, and as result, there are no data to be entered for all of the
parameters on the DMR for the entire monitoring period.
" ORC On Site ?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8AG 0204.
***If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b) (2) (D).

I
EFFL ENT
DES NO: NCO079090 DISCHARGE NO:
1 ILITY NAME: Coldwater Trout Farm CLASS: _
�i I IFIED LABORATORIES (1): Earth Envir Services CERTIFICATION NO.
, additional laboratories on the backside/page 2 of this form )
IERATOR IN RESPONSIBLE CHARGE (ORC) Howard Bro n GRADE
RSON(S) COLLECTING SAMPLES: ORC PHONE
MONTH: I t \RY', YEAR: 101 1
n/a COUNTY: Graham
352
CERTIFICATION NO.
IECK BOX IF ORC HAS CHANGED: NO FLOW / DISCHARGE FRV
CENTRAL FILES ORIGINAL AND
NE COPY T0: F APR t 5
TN 201�
�yxtn,
vision of Water Quality v
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17 Mail Service Center �; ;t f— X
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ileigh, NC 27699-1617 (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE),,�<? ` °r.~^' __,,=f' `�0 ATE
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Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements C�
Noncompliant
The permittee shall report to the Director the appropriate Regional Office any noncompliance that potentially threatens public
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.
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation,
maintenance, etc., and a time table for improvements to be made.
"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."
kwaA Zrtau.ry\�
Permittee (Please print or type)
Howard Brown
Signature of Permittee" Date
235 Milton Mashburn Drive, Andrews, NC 28901 828.321.3335 November 30, 2007
Permittee Address Phone Number e-mail address Permit Exp. Date
00010 Temperature
00076 Turbidity
00080 Color (Pt -Co)
00082 Color (ADMI)
00095 Conductivity
00300 Dissolved Oxygen
00310 BOD5
00340 COD
00400 pH
00530 Total Susppended
Residue
00545 Settleable Matter
00556 Oil & Grease
00600 Total Nitrogen
00610 Ammonia Nitrogen
00625 Total Kjeldhal
Nitrogen .
00630 Nitrates/Nitrites
00665 Total Phosphorous
00720 Cyanide
00745 Total Sulfide
00927 Total Magnesium
00929 Total Sodium
00940 Total Chloride
PARAMETER CODES
00951 Total Flouride
01002 Total Arsenic
01027 Cadium
01032 Hexavalent Chromiun
01034 Chromium
01037 Total Cobalt
01042 Copper
01045 lion
.01051 Lead
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147 Total Selenium
31516 Fecal Coliform
32730 Total Phenolics
34235 Benzene
34481 Toluene
38260 MBAS
39516 PCBs
50050 Flow
50060 Total
Residual
Chlorine
71880 Formaldehyde
71900 Mercury
81551 Xylene
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at [phone], or by visiting
the Surface Water Protection Sections's web site at h2o.enr.state.nc.us/wgsand linking to the units information pages.
Use only units of measurement designated in the reporting facility's NPDES permlt for reporting data.
" No Flow / Discharge From Site Check this box if no discharge occurs, and as result, there are no data to be entered for all of the
parameters on the DMR for the entire monitoring period.
ORC On Site ?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8AG 0204.
"""If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b) (2) (D).

%��/�/
CAed�r� �ra�-1ie9�

Michael F. Easley, Governor
Mr. Steve Hargis, President
Coldwater Farms, Inc.
1199 Crantock Road
Smithfield, North Carolina 27577
Dear Mr. Hargis:
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
— 1� Uan W Klgek, P.E. Director
EC �L� U Ip iiI 'si�nlof Water Quality
August 8, 2005 Id � � AUG 1 0 2005
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Subject: Issuance of NPDES Permit NCO079090
Coldwater Trout Farm
Graham County, Robbinsville, NC
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). This permit includes no major
changes from the draft permit sent to you on June 8, 2005.
The Division realizes that operation of this facility is exclusively done through leasing the property/facility to
various entities. As the owner/permittee you need to be aware of the ongoing responsibilities and liabilities associated with
this NPDES permit. Mr. Bob Guerra of the Western NPDES Program has explained these liabilities to you during
conversations on 3-15-05, 4-25-05 and 5-17-05. As the permit is written, Coldwater Farms, Incorporated is the
responsible entity for all permit conditions.
There are various methods used to monitor NPDES permit conditions. The permit will require the facility/permittee
to sample its discharges and report these results to the Division. In addition, the permit will require the facility/permittee to
report to the Division of Water Quality when the facility/permittee determines it is not in compliance with the requirements
of a permit. Also, the Division's regional offices conduct periodic compliance inspections of all permitted facilities to
determine if they are in compliance with the conditions imposed under their permits.
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 Mr. Guerra at telephone number [phone], extension 539.
Sincere)
ORIOIM SIGNED 6y
SUSAN A. WILSON
Alan W. Klimek, P.E.
cc: Central Files
Asheville Regional Office / Surface Water Protection
NPDES Unit
None Carolina
Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer —50% Recycled110% Post Consumer Paper

Permit NCOC
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PP..RMTT
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,
Coldwater Farms Incorporated
is hereby authorized to discharge wastewater from a facility located at the
Coldwater Trout Farm
Snowbird Road
Robbinsville
Graham County
to receiving waters designated as Snowbird Creek in the Little Tennessee River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions
set forth in Parts I, II, and III and IV hereof.
The permit shall become effective September 1, 2005
This permit and the authorization to discharge shall expire at midnight on November
30, 2007.
Signed this day August 8, 2005.
ORIGINAL SIGNED BY
SUSAN A. WILSON
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NC0079090
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge
are hereby revoked. As of this permit issuance, any previously issued permit bearing
this number is no longer effective. Therefore, the exclusive authority to operate and
discharge from this facility arises under the permit conditions, requirements, terms,
and provisions included herein.
Coldwater Trout Farm Inc. is hereby authorized to:
1. Continue to operate an existing trout farm facility. The facility is located at
Coldwater Trout Farm, Snowbird Road, Robbinsville, Graham County.
2. Coldwater Trout Farm consists of settling chambers at the end of raceways and a
final settling pond.
3. Discharge from said treatment works into Snowbird Creek, classified C-Trout
waters in the Little Tennessee River Basin, at the location specified on the attached
map.

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Longitude: 83'51'50"
Facility
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Stream Class:C-Trout Coldwater Farms Inc.
Subbasin: 040404
Receiving Stream: Snowbird Creek
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SCALE I :24000

Permit NCO079090
.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -DRAFT
Beginning on the effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge treated wastewater from Outfall 001. Such
discharges shall be limited and monitored by the Permittee as specified below:
sb
c IYMIT
M®11TIT0?ING 12EQUIREMENTS
EFFLUENT'
M�►uth1�
Daily:
Measurem
Sample
Sample
CHARACTERISTIC `Average
Max�mu�
eft
Type
]G®cation i
Frequency
Flow (MGD)
Quarterly
Estimate
E
Total Suspended
30.0
mg/ L
45.0 mg/ L
Quarterly
Grab
E
Solids
Settleable Matter
5.0 ml/l
10.0 ml/l
Quarterly
Grab
E
NH3-N
Quarterly
Grab
E
TKN
Quarterly
Grab
E
NOa + NO3
Quarterly
Grab
E
Total Phosphorus
Quarterly
Grab
E
PO4
Quarterly
Grab
E
Footnotes:
1. Sample Locations: E - Effluent
There shall be no discharge of floating solids or visible foam in other than trace amounts.
All samples must be collected from a typical discharge event.
Waste from the production facility shall be disposed of properly either by land application at agronomic
rates or by another environmentally safe manner.
Special permit conditions applicable to the subject permit are listed in the Supplement to Effluent
Limitations and Monitoring requirements Page.

Permit NC00'
Supplement to Effluent Limitations
And Monitoring Requirements
Special Conditions
A. (2.) PERMIT REOPENER CONDITION
Upon findings by the Division of Water Quality that impacts on the receiving stream by
the operation of this facility are sufficient to cause or contribute to violations of water
quality standards, including algal blooms of other nutrient enrichment problems in
Lake Santeetlah, this permit shall be revoked and issued or modified to require such
measures, including but not limited to additional effluent and stream monitoring,
additional fish management plan implementation, reduction of total pounds of trout
grown yearly or construction and operation of additional treatment.
A. (3.) PRODUCTION CONDITION
There shall be no additional construction for the purpose of increasing production at
this facility without prior approval by the Division.

NPDES Permit Requirements
Page l of 16
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events.
3/Week
Samples are collected three times per week on three separate calendar days.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
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.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: 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
(3) Variable time/constant volume: 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 preset gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system, or
(4) Constant tune/constant volume: a series of grab samples of equal volume collected over a 24-hour period at
a constant time interval. This method may only be used in situations where effluent flow rates vary
less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart
during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method
requires prior approval by the Director.
Version 612012003

NPDES Permit
Page 2
In accordance with (4) above, influent grab samples shall not be collected more than once per hour.
Effluent grab samples shall not be collected more 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
intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the
system in number of days. However, the interval between effluent grab samples may not exceed six hours nor
the number of samples less than four during a 24-hour sampling period.
Continuous flow measurement
Flow monitoring that occurs 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.
Daily Discharg
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean
concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.3)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other
disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week
for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWO or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission.
Facility Closure
The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage
under the NPDES. Completion of facility closure will allow this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1.
Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
Version 612012003

NPDES Permit Requirements
Page 3 of 16
thly Average (concentration limitl
-.1arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month.
coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit)
The average of all samples taken over a calendar quarter.
In the case of fecal
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly, designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such -discharges.
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 [40 CFR 122.41].
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.
b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any such sections in a permit issued under section
402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8)
of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a)
(2)]
c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or
405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, or any requirement imposed in a pretreatment program approved under section
402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)]
Version 612012003

NPDES Permit
Page 4
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[40 CFR 122.41 (a) (2)]
e. Any person who knowingly violates section 301, 302, 303, 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,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An organization, as defined in section 309(c)(3)(13)(1) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this 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 II penalty not to exceed $125,000. [40 CFR
122.41 (a) (3)]
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
[40 CFR 122.41 (d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) 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 [40 CFR 122.41 (g)].
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.
Version 612012003

NPDES Permit Requirements
Page 5 of 16
Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thi
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 [NCGS 150B-23].
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 by this permit [40 CFR 122.41 (h)].
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 [40 CFR 122.41 (b)].
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. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 122.41 (k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where 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 [40 CFR 122.22].
b.. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if-
1 . The authorization is made in writing by a person described above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]:
"/ 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."
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 (40 CFR 122.41 (0].
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. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within 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.
Section C. Operation and Maintenance of Pollution Controls
Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up .ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
The ORC of each Class I facility must:
➢ Visit the facility at least weekly
➢ Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must:
➢ Visit the facility at least daily, excluding weekends and holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
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Within 120 calendar days of:
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. 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 Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
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 [40 CFR 122.41
(c)]
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not'subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41 (m)' (3)]
(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 effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II. E. 6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the.use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
0) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41 (n) (2)1: An upset constitutes an affirmative defense to an action
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims that
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noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Perr ittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (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 [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an
upset has the burden of proof in any enforcement proceeding.
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 503. The
Permittee shall comply with applicable 40 CFR 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 15A NCAC 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 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 [40 CFR 122.41 (j)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the 28th 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
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low Measurements
r,ppropriate 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 is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 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 [40 CFR 122.411.
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 [40 CFR 122.41].
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
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained 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 [40 CFR
122.41].
7. Recording_ Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.41]:
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;
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e. The analytical techniques or methods used; and
f. The results of such analyses.
Inspection and EntU
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 [40 CFR 122.41 (i)].
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
additions to the permitted facility [40 CFR 122.410)].
soon as possible of any planned physical alterations or
Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
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 subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) (1).
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 to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.410) (2)].
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 permit to document the change of ownership. Any such action
may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.410) (3)].
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) 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 this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
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C'wenty-four Hour Reporting
.�. Ti— Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public 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 [40 CFR 122.410) (6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported -under Part II. E. 5 and 6. of this permit at
the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of
this permit [40 CFR 122.41 (1) (7)].
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 [40 CFR 122.410) (8)].
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 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
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not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both
[40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality.
The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation.
PART III
OTHER REQUIREMENTS
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitorin
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.
Section 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 (40 CFR 122.42):
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';
0) 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
0 mg/L) for antimony;
(3) Five 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";
0) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter 0 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Evaluation of Wastewater Discharge Alternatives
The Permittee shall 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 60 days of
notification by the Division.
Section E. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
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se impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
iue at the permitted facility.
PART IV
SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES
Section A Publicly Owned Treatment Works (POTWs)
All POTWs must provide adequate notice to the Director of the following
1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to
section 301 or 306 of CWA if it were directly discharging those pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger
as influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality
of effluent to be discharged from the POTW.
Section B. Municipal Control of Pollutants from Industrial Users.
_. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from
industries using the municipal system may be present in the Permittee's discharge. At such time as
sufficient information becomes available to establish limitations for such pollutants, this permit may be
revised to specify effluent limitations for any or all of such other pollutants in accordance with best
practicable technology or water quality standards.
2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment system:
a. Pollutants which create a .fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 CFR 261.21;
b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges
with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges;
C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW
resulting in Interference;
d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow
rate and/or pollutant concentration which will cause Interference with the POTW;
e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in
no case heat in such quantities that the temperature at the POTW 'Treatment Plant exceeds 40°C
(104°F) unless the Division, upon request of the POTW, approves alternate temperature limits;
f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
h. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the
Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to
ensure compliance by the Penmittee with all applicable effluent limitations. Such actions by the Permittee
may be necessary regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the
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Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing
Pretreatment Program per 15A NCAC 2H .0907(b).
This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing
regulations or by the requirements of the approved State pretreatment program, as appropriate.
Section C. Pretreatment Programs
Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40
CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H
.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and
referenced in the Pretreatment Program Submittal are an enforceable part of this permit.
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean
Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A
NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its
pretreatment program submission and Division approved modifications there of. Such operation shall include
but is not limited to the implementation of the following conditions and requirements:
Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program.
2. Industrial Waste Survey (IWS)
The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection
system at least once every five years.
3. Monitoring Plan
The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific
data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of
specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required
by Part II, Section D, and Section E.5.).
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five
years, and as required by the Division. Within 180 days of the effective date of this permit (or any
subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation
of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40
CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H -.0909,
specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H
.0909.
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits
shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control
technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and
requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results
of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP).
Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.
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Authorization to Construct (A to C)
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable
industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of
an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to
comply with all Industrial User Pretreatment Permit (IUP) limitations.
POTW Inspection & Monitoring of their SIUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial
users, compliance with applicable pretreatment standards. The Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -
limited pollutants, once during the period from January 1 through June 30 and once during the
period from July 1 through December 31, except for organic compounds which shall be sampled
once per calendar year;
8. SIU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit,
or in 15A NCAC 2H .0908.
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations.
All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the
Division.
10. Pretreatment Annual Reports ', AR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be
required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements
and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies_of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR / DWQ / Pretreatment Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following.
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial
Users (SIUs) in Significant Non -Compliance (SNC);
b.) Pretreatment Program Summary f PPS),
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on
specific forms approved by. the Division;
d.) Industrial Data Summary Forms , SE)
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NPDES Permit
Page 16 oll
Monitoring data from samples collected by both the POTW and the Significant Industrial
User (SIU). These analytical results must be reported on Industrial Data Summary Forms
(IDSF) or other specific format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules,
public notice of SIUs in SNC, and any other information, upon request, which in the
opinion of the Director is needed to determine compliance with the pretreatment
implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant
Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with
applicable pretreatment requirements and standards during the previous twelve month period. This list
shall be published within four months of the applicable twelve-month period.
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along
with support information including general records, water quality records, and records of industrial impact
on the POTW.
13. Funding; and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its
approved pretreatment program.
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits
modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan
modifications, shall be considered a permit modification and shall be governed by 15 NCA.0 2H .0114 and
15A NCAC 2H.0907..
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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Qualit r
rat ivicurory
Governor
R. Steve Hargis, President
Coldwater Farms, Inc.
1199 Crantock Road
Smithfield, North Carolina 27577
Dear Mr. Hargis:
Charles Wakild, P. I'RECEIVEDJohn
Director S
April 30, 2013 1 MAY 16 2013
DWQ/Surface Water Protection Section
Asheville Regional Office
Subject: Issuance of NPDES Permit NCO079090
Coldwater Farm, Class 1
4765 Snowbird Road, Robbinsville
Graham County
A
The Division of Water Quality (the Division) hereby issues the attached NPDES permit for the subject facility.
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
October 15, 2007, or as subsequently amended.
The Division understands that you discontinued discharge in November 2011, but wish to keep this permit active
pending future startup. We have therefore made no significant changes to your monitoring requirements.
If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you
have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving
this letter. Your request must take the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes, and you must file it with the office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall be final and
binding.
This permit is not transferable except after notifying the Division of Water Quality. The Division may require
permit modification, or revocation and re -issuance. Please note that this permit does not affect your legal
obligation to obtain other permits required by the Division of Water Quality, the Division of Land Resources, the
Coastal Area Management Act, or other federal or local governments.
If you have questions, or if we can be of further service, please contact Joe Corporon at
[e-mail]] or call [phone].
Respec lly,
harles Wakild, P.E.
Enclosure: NPDES Permit NCO079090 (Issuance Renewal)
cc: Central Files _
Asheville Regional Office/SWPS, Attn. Chuck Cranford
NPDES Program Files —" -
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One „
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCaro1�as
Phone: [phone] FAX: [phone] Customer Service: 1-877-623- VVai�l�y'r��l,�l�'
Internet: www.ncwaterquali�.org f i b

Permit NCO079090
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
(NPDES) `
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted,by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
Coldwater Farms Inc.
is hereby authorized to discharge wastewater from a facility located at the
Coldwater Farms
4765 Snowbird Road, Robbinsville
Graham County
to receiving waters designated as Snowbird Creek in the Little Tennessee River Basin in accordance
with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, lI, III and
IV hereof. -
This permit shall become effective June 1, 2013 .
This permit and authorization to discharge shall expire at midnight on November 30, 2017.
Signed this day April 30, 20
CW Wakild, P.E., Ddvfsion of Water Quality
By Authority of the Environmental Management Commission

Permit NCO079
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
Coldwater Farms, Inc.
is hereby authorized to:
1) continue to operate an existing wastewater treatment system in support of trout farming consisting
of;
• 48-in diam stream -intake culvert [20,000 GPM]
• 20 each - concrete lined raceways [14 ft x 80ft] w/ control valves
• raceway settling chambers
• final settling pond
• discharge effluent channel
these facilities located at Coldwater Farms_ , 4765 Snowbird Road, Robbinsville, Graham County;
and;
2) discharge from said treatment works via Outfall 001, as located on the attached map, into Snowbird
Creek [Stream Segment 2-190-9-(15.5)], a waterbody currently classified C-Trout within subbasin
04-04-04 of the Little Tennessee River Basin.

Permit NCO079090
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
CHARACTERISTICS
[Parameters Codes]
LIMITS
MONITORING RE QUIItEMENI'S .
- -
Monthly
Average
Daily'
Maximum
Measurement
Fre u ey
Sample
Type
Sample
Location
Flow
50050
Monitor & Report
Quarterly
Estimate
Effluent
Total Suspended Solids
C0530
30.0 mg/L
45.0 mg/L
Quarterly
Grab
Effluent
Settleable Solids
00545
5.0 mg/L
10.0 mg/L
Quarterly
Grab
Effluent
NH3 as N
C0610
Monitor & Report
Quarterly
Grab
Effluent
NO2 + NO3
00630
Monitor & Report
Quarterly
Grab
Effluent
TKN
00625
Monitor & Report
Quarterly
Grab
Effluent
Total Phosphorus
C0665
Monitor & Report
Quarterly
Grab
Effluent
PO4
00660
Monitor & Report
Quarterly
Grab
Effluent
• For permit Special Conditions, see (A. (2.) and A. (3.).
• The Permittee shall discharge no floating solids or foam.
• All effluent samples must represent a typical discharge event.
• Production solid waste(s) shall be disposed in an environmentally safe manner by methods and
at agronomic rates consistent with local, State, and Federal rules and regulations either by
proper land application or other.
A. (2.) PERMIT REOPENER. CONDITION
Upon findings by the Division of Water Quality that impacts on the receiving stream by the operation
of this facility are sufficient to cause or contribute to violations of water quality standards, including
algal blooms of other nutrient enrichment problems in Lake Santeetlah, this permit shall be revoked
and issued or modified to require such measures, including but not limited to additional effluent and
stream monitoring, additional fish management plan implementation, reduction of total pounds of trout
grown yearly or construction and operation of additional treatment.
A. (3.) PRODUCTION LIMIT CONDITION
The Permittee shall construct no additional facilities for the purpose of increasing production without
prior approval by the Division.

NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
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.
Calendar Day
The.period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: 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
(3) Variable time/constant volume: 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
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
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NPDES Permit Standard
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(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour pf
constant time interval. Use of this method requires prior approval by the Director. This method may
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs 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.
Daily Discharize
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample," above.)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWQ or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
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is Substance
etance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
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 CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41 ].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA 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.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
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NPDES Permit Standard
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imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violatio
imprisonment of not more than 2-years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 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, and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating
the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class H violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)]
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 with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II.C.4), "Upsets" (Part II.C.S) and "Power Failures"
(Part H.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 [40 CFR 122.41(g)].
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.
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rabili
?rovisions of this permit are severable. If any provision of this permit, or the application of any provision of
MIS 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 [NCGS 15013-23].
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 by this permit [40 CFR 122.41(h)].
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 [40 CFR 122.41(b)].
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 unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] 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. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements; and where 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 [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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NPDES Permit Standard
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Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurat(
a different individual or position has responsibility for the overall operation of the facility, a new aut
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
7 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 orpersons 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. "
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 [40 CFR 122.41(f)].
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 02H .0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class H, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
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 Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff.
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 [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(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 effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse e
the Permit Issuing Authority determines that it will meet the three conditions listed above in Par
(1) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of
this condition are met. No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset: Any 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 II.E.6.(b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II.13.2. of this permit.
c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
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 except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters. 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 15A NCAC 02H .0124) 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 representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period 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 [40 CFR 122.41(j)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month 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:
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NC DENR / Division of Water Quality / Surface Water Protection 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 is 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. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
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 CWA (as amended), and 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 [40 CFR 122.41].
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.
Penalties for Tampering
The CWA 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 [40 CFR 122.41].
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
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained 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 [40 CFR
122.41].
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Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall re
following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
9. 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, at reasonable times, 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 CWA, any substances or parameters at any location [40 CFR 122.41(i)].
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 [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
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 subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, 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 to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
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itoring Reports
itoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) 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 this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge, the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public 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 [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
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 [40 CFR 122.41(1)(8)].
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 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 within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
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. 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.
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Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certific
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
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411.
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1 C). The
report shall summarize the performance of the collection or treatment system, as well as the extent to which the
facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The
report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which
annual period is used for evaluation.
The report shall be sent to:
NC DENR / Division of Water Quality / Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planVs treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
b. In accordance with NCGS 143-215. 1 (a5) [SL 2011-394], no permit shall be required to enter into a contract for the
construction, installation, or alteration of any treatment work or disposal, system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section 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 (40 CFR 122.42):
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 (100 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 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 (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization.
This defmition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW maybe referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this defmition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this defmition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
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Ns must provide adequate notice to the Director of the following [40 CFR 122.42(b)]:
new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F)
unless the Division, upon request of the POTW, approves alternate temperature limits;
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems; or
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
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 discharge; the
investigation into possible sources; the period of the discharge, including exact dates and times; if the
discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
Version 1110912011

4.
5.
NPDES Permit Standard
Pal
With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permit
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compli,
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)]
This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part H or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
2. Industrial Waste Survey (IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts H.D and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
Version 1110912011

NPDE_ S ,Permit Standard Conditions
Page 17 of 18
rceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10),..0905,, and
6(b)(4)]
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-2.15.1, the Permittee shall issue to all Significant Industrial Users, permits for
operation of pretreatment equipment and discharge to the Permittee''s collection system or treatment works. These
permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions; andcompliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The.
Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits
from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [1.5A NCAC 02H .0906(b)(6), .0909, .0916, and .0917 40 CFR 403.5, 403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct (AtC
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit QU!P) limitations. [15A NCAC 02H 0906(b)(7) and .0905; NCGS 143-
215.1(a)(8)]
7. POTWInspection & Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in. its Division
approved pretreatment program in order to determine, independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H ,090.8(e); 40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users (SIUs:) at least once per calendar year;,
b. Sample all Significant Industrial Users (SIUs) atleast once per calendar year for all SIU permit -limited
parameters including flow except as allowed under 15A NCAC .0908(e); and
c. At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non-
significant.
8. IU Self Monitoringand nd Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A
NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and.0905; 40 CFR 403.8(f)(1)(y) and (2)(iii); 40 CFR
122.440)(2) and 40 CFR 403.121
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section'307(b) and (c) of the CWA (40 CFR 405. et. seq.), prohibitive discharge standards
as set forth in 4.0 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment.
requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response
Plan (ERP) approved by the Division.. [15A NCAC 021­1.0903(b)(7), .0906(b,)(8) and .0905; 40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. hi lieu of submitting annual.
reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) .may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs, the `Permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous calendar year to the Division at the following
address:
Version 1110912011

NPDES Permit Standard
Pap
NC DENR / Division of Water Quality / Surface Water Protection Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following;
a. Narrative
A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program Summa (y PPS)
A pretreatment program summary (PPS) on forms or in a format provided by the Division;
c. Significant Non -Compliance Report (SNCR)
A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatient requirements, and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant. Industrial Users (SIUs). These
analytical: results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of
IUs in SNC, a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC)
as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period. This list shall be published within four months of the
applicable twelve-month period. [1.5A NCAC 02H .0903 (b)(34),.0908(b)(5) and .0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A
NCAC 02H .0908(f); 40 CFR 403.12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H
.0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907.
Version 1'110912011

INA
FIL
NCDENR
orth Carolina Department of Environment and Natural Resources
John E. Skvarla, III
Secretary
September 8, 2014
Howard R. Brown
Coldwater Farms, Inc.
1199 Crantock Road
Smithfield, NC 27557
SUBJECT: Compliance Evaluation Inspection
Coldwater Trout Farm
Permit No: NCO079O9O
Graham County
Dear Mr. Brown:
Enclosed please fmd a copy of the compliance evaluation inspection conducted on 8/25/2014. You may want to
consider completely blocking the intake to prevent the raceways from filling with sand which is currently
occurring. No violations of permit requirement or applicable regulations were observed during this inspection.
Please refer to the enclosed inspection report for' additional observations and comments. If you or your staff
have any questions, please call me at 828-296-4500.
Sincerely,
Jeff Menzel
Environmental Specialist
cc: MSC 1617-Central Files -Basement
00Mhe0le044
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: hftp://portal.ncdenr.org/weblwq
An Equal Opportunity 1 Affirmative Action Employer
NC0079090 CEI 2014.docG:1WRIWQIGrahamlWastewateAGenerallNCG53 Trout FarmslColdwater Trout Farm 790901NC0079090 CEI 2014.doc

United States Environmental Protection Agency
Form Approved.
Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
rA
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 IN 1 2 15 1 3 I NCO079090 I11 12 14/08/25 17
18 ICI 19 I � j 201 I
211111 1 1 I I I I II 11 I I I I I I I I I I 1 I I I I
I I I I I I II I I III 166
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA
----- -Reserved--------
I. 71 I I 72 I NJ
67 70 I J li L�
L
73 L I I74 751 III I I j80
lJJ
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
11:00AM 14/08/25
13/06/01
Coldwater Trout Farm
Snowbird Rd
Exit Time/Date
Permit Expiration Date
Robbinsville NC 28771
11:30AM 14/08/25
17/11/30
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
1/J
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Howard R Brown,235 Milton Mashburn Dr Andrews NC
28901//828-321-3335/8283214902 Yes
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit E Facility Site Review 0 Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers
Date
Jeff Menzel ARO WQH828-296-4500/
VVV
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers
Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page#

NPDES yr/mo/day Inspection Type (Cont.)
31 NCO079090 I11 12 14/08/25 17 18 ICI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Currently Coldwater Trout Farm is listed for sale and there is no farming activity occurring at this time.
Some water is still routed through the farm via the intake structure and then discharged through the
outfall and does not appear to be affecting the receiving stream. The owner may want to consider
completely blocking the intake to prevent the raceways from filling with sand which is currently
occurring. No violations of permit requirement or applicable regulations were observed during this
inspection.
Page#

Permit: NC0079090 Owner - Facility: Coldwater Trout Farm
Inspection Date: 08/25/2014 Inspection Type: Compliance Evaluation
Permit
Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new
❑
❑
0
❑
application?
Is the facility as described in the permit?
0
❑
❑
❑
# Are there any special conditions for the permit?
❑
❑
0
❑
Is access to the plant site restricted to the general public?
M
❑
❑
❑
Is the inspector granted access to all areas for inspection?
M
❑
❑
❑
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? 0 ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? 0 ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ M ❑
Comment:
Page# 3

HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E.
Director
March 13, 2013
R. Steve Hargis, President
Coldwater Farms, Inc.
1199 Crantock Road
Smithfield, North Carolina 27577
RECEiE
.v-
MAR 1 8 2013
D�prQlSurFace Water protection Section
Asheville Regional Office
Subject: DRAFT Review — NPDES Permit NCO079090
Coldwater Farm, Class 1
4765 Snowbird Road, Robbinsville
Graham County
Dear Mr. Hargis:
In response to your request to renew the subject NPDES permit, the Division of Water Quality (the
Division) hereby transmits this draft permit for your review and comment. Please read it carefully to
ensure a thorough understanding of limits and monitoring conditions or to correct errors, if any.
The Division understands that this facility discontinued discharge in November 2011, but that you
wish to keep this permit active. Therefore concurrent with this transmittal, the Division will solicit
comment on this draft by publishing a notice in newspapers having circulation in the general Graham
County area, as required by the NPDES Program. Should you wish to provide written comments
regarding this draft, please contact the DENR / DWQ / NPDES Program no later than April 12,
2013. We welcome your comments but they are not required.
Following the 30-day public comment period, the Division will review all pertinent comments and
take appropriate action prior to issuing a final NPDES permit. If you have questions, please email me
[e-mail]], or call my direct line [phone].
Compliance and Enforcement Unit
Enclosure: NPDES Permit NCO079090
cc: Asheville Regional Office/SWPS, Attn. Chuck Cranford [DRAFT]
NPDES Program Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 N6 thCatolirla
Phone: Na'/yt�//ff
Internet: www.ncwaterquality.org K` `l

Permit NCO079090
STATE OF NORTH CAROLINA
ARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
(NPDES)
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North C -Wifia Environmental Management
Commission, and the Federal Water Pollutio ntrol ct, as amended, the
Coldwater Fa C.
is hereby authorized to di` pb4, ge w,q�te<yatet fi am a facility located at the
Farms
47,q b`ix; Sno7d Road, Robbinsville
f I raham County
to receiving waters designated as Snowbird Creels in the Little Tennessee River Basin in accordance
with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, ]I, III and
IV hereof.
This permit shall become effective
2013.
This permit and authorization to discharge shall expire at midnight on November 30, 2017.
Signed this day , 2013.
Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

Pei
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge a. _
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
Coldwater Farms, Inc.
is hereby authorized to:
1) continue to operate an existing wastewater treatment
of;
2)
• 48-in diam stream -intake culvert [20,000 GPN
• 20 each - concrete lined raceways [14 ft x 80ft]
• raceway settling chambers
• final settling pond
• discharge effluent channel
these facilities located at
and;
discharge from said treatmenv (
Creek [Stream Segment 2-190 9
04-04-04 of the Little Tennessee
of trout farming consisting
Road, Robbinsville, Graham County;
pia Outfall 001, as located on the attached map, into Snowbird
5)], a waterbody currently classified C-Trout within subbasin
-r Basin.

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y��=, .-"'�\ p `� art �•' l \ { ( �` / rJ
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; ifi�,, 't1 7(% `�; L Snowbird Creek
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L
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Coldwater Farms, Inc.
4765 Snowbird Road Robbinsville 28771
'
Latitude: 35141' 44" N State Grid: F4SW /Robbinsville, NC
Longitude: 81' 07' 19" W Permitted Flow: Not limited
Facility ,_'-'
Location A--- -
not to scale
-
-J�1
Receiving Stream: Snowbird Creek Stream Segment:
2-190-9-(15.5)
Stream Class: C-Trout Drainage Basin:
Sub -Basin: 04-04-04 HUC:
Little Tennessee Basing
06010204
North
NPDES Permit NC0079090
tDlll —5 Graham Co nty

Permit NCO079090
(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
CHARACTER)CSTTCS'
,,
[Parameters Codes]
._Maximum
LIlVIITS
1VTONITORING REQUIItEMENTS
1Vlontlily
Daily
-
asu
Merement
Fre uenc ,
_
Sample
, T e . _
Sample
on-;
,:. Locati
Flow
50050
Monitor & Report
Quarterly
Estimate
Effluent
Total Suspended Solids
C0530
30.0 mg/L
45.0 mg/L
Quarterly
Grab
Effluent
Settleable Solids
00545
5.0 mg/L
10.0 mg/L
Quarterly
Grab
Effluent
NH3 as N
C0610
Monitor & Report
Quarte�
Grab
Effluent
NOZ + NO3
00630
Monitor & Report
er' y
Grab
Effluent
TKN
00625
Monitor & Report
//'�uarterl \\
Grab
Effluent
Total Phosphorus
C0665
Monitor & Report
Qu erly \
Grab
Effluent
PO4
00660
Monitor & Repol
�erly
Grab
Effluent
• For permit Special Conditions' e-(�. (2.1\ 2-1
• The Permittee shall dischar26, no floa�n2 s4ids or foam.
• All effluent samples in . t-repro, �nt'a-typ oal oischarge event.
7
• Production solid was siall`be osed in' an environmentally safe manner by methods and
at agronomic rates , istent itI State and Federal rules and regulations either b
proper land applicatio 0 other 1
A. (2.) PERMIT REOPENER CONDITION
Upon findings by the Division of Water Quality that impacts on the receiving stream by the operation
of this facility are sufficient to cause or contribute to violations of water quality standards, including
algal blooms of other nutrient enrichment problems in Lake Santeetlah, this permit shall be revoked
and issued or modified to require such measures, including but not limited to additional effluent and
stream monitoring, additional fish management plan implementation, reduction of total pounds of trout
grown yearly or construction and operation of additional treatment.
A. (3.) PRODUCTION LIMIT CONDITION
The Permittee shall construct no additional facilities for the purpose of increasing production without
prior approval by the Division.

NCDENR
North Carolina Department of Environment and N'atd.l al Resources
Division of Water Quality I . .... I ,?
Beverly Eaves Perdue
Governor
Mr. Howard R. Brown
Coldwater Farms, Inc.
235 Milton Mashburn Dr
Andrews, NC 28901
Dear Permittee:
Charles Wakild, P.E. r I' w-F7�I
Director I�� fSr- t5 U 1vI sec
IT
May 9, 2012 LI j''i1
14 2012 i
VAT�i=, CUALITY SECTION
REO L n--ICE
Subject: Renewal Notice
.NPDES Permit NCO079090
Coldwater Trout Farm
Graham County
Your NPDES permit expires on November 30, 2012. Federal (40 CFR 122.41) and North Carolina
(15A NCAC 2H.0105 (e)) regulations state 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.
Your renewal package must be sent to the Division postmarked no later than June 3, 2012. Failure
to request renewal by this date may result in a civil penalty assessment. Larger penalties may be assessed
depending upon the delinquency of the request.
If any wastewater discharge will occur after November 30, 2012, 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, Jr.
NPDES Unit
cc: Central Files _
;Asheville Regional Office, Surface Water Protection }
NPDES File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
512 North Salisbury Street, Raleigh, North Carolina 27604 NofthCarolina
Phone: [phone] / FAX [phone] / [e-mail] Naturally
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NPDES PERMIT NC0079090
COLDWATER TROUT FARM
GRAHAM 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 pernAttee 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.13.11.b 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 Prunaty 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, filter backwash, etc.)
Send the completed renewal package to:
Mrs. Dina Sprinkle
NC DENR / DWQ / Point Source Branch
1617 Mail Service Center
Raleigh, NC 27699-1617

F4CDENR'
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. R. Steve Hargis
Coldwater Farms, Inc.
1199 Crantock Rd
Smithfield, N.C. 27577
Dear Mr. Hargis:
Division of Water Quality
Coleen H. Sullins
Director
November 16, 2011
- Dee Freeman
ry
F� V U�
i
L--1
NOV 2 3 2011
WATER QUALITY SECTION
ASI-I1VILLF RF-'0N,",L OFFICE
Subject: Waiver of Monthly. Reporting Requirement
NPDES Permit NCO079090
Coldwater Trout Farm
Graham County
The Division has reviewed your request to suspend submission of monthly Discharge Monitoring Reports
(DMRs).
After considering the recommendations of the staff in the Asheville Regional Office, I have agreed to waive
the requirement to submit monthly DMRs for the subject facility, effective November 1, 2011. The DMRs
up through (and including) October 2011 should be submitted as usual.
Be advised that if and when any wastewater discharge occurs, the discharge must be monitored as per the
terms of the NPDES permit and other applicable rules or statutes. Please keep the Asheville Regional
Office apprised of any pertinent developments that arise regarding this facility, especially if the discharge
is re -activated.
While requirements for operator visitation, monitoring and reporting are being waived, you are still
required to pay the Annual Administering and Compliance Monitoring Fee that is associated with this and
all- NPDES permits.
If you have any questions, or if you wish to request rescission.of this permit, contact Charles H. Weaver at
919 807-6391.
ince ely,
Coleen H. Sullins
cc: Central Files
!Asheville Re6io_nal0ffice / Keith Haynes .
NPDES Firs
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Nne
o thCarolina
Nahmally

>IV_w1v==t
0 11=� 'C
Mr. Steve Hargis, President
Coldwater Farms, Inc.
1199 Crantock Road
Smithfield, North Carolina 27577
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Departmenf pf Environmentand Natural Resources
Coleen H. Sullins; Director
Division of -Water 6 slily
October. 30, 2007
IJ h OCT 3 1 2001
WATER QUALITY SECTION
3' ASHEVILLE REGIONAL OFFICE
Subject: Issuance of,.NPDES
Permit NCO079090
Coldwater Trout Farm WWTP
Graham County
Dear Mr. Hargis:
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).
This permit includes no major changes from the draft permit sent to you on.August 29, 2007.
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 Bob Guerra at telephone number
[phone], extension 539.
Sincerely,
Sri- Coleen H. Sullins
Enclosure: NPDES Permit NCO079090
cc: Central Files
rheul lei : ealonal®iflce urface�; Water, pro salon
NPDES Unit .
AlJne Caro ina
aturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] . Customer Service
Internet: www.ncwaterouality.ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
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Permit NC00
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, the
Coldwater Farms Incorporated
is_ hereby authorized to discharge wastewater from a facility located at the
Coldwater Trout Farm
4765 Snowbird Road
Robbinsville
Graham County
to receiving waters designated as Snowbird Creek in the Little Tennessee 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 December 1, 2007.
This permit and authorization to discharge shall expire at midnight on November
30, 2012.
Signed this day October 30, 2007.
J" Coleen H. Su s, Director'
/ Division of ter Quality
By Authority of the Environmental Management Commission

Permit NCO079090
SUPPLEMENT TO PERMIT COVER SHEET..
All previous NPDES Permits issued to this facility, whether for operation or
discharge are hereby revoked. As of this permit issuance, any, previously issued
permit bearing this number is no longer effective. Therefore, the exclusive authority
to operate and discharge from this facility arises under the permit conditions,
requirements, terms, and provisions included herein..
Coldwater Trout Farm, Inc. is hereby authorized to:
1) Continue to operate an existing trout farm facility producing approximately 200K
of trout per year. The facility is located at 4765 Snowbird Road, Robbinsville,
Graham County.
2) Coldwater Trout Farm consists of;
a) A 48" stream intake culvert feeding the facility at 20,000 GPM
b) 20 - Concrete lined raceways sized at 14 ft x 80 feet each .
c) 10 — control valves
d) Settling chambers at the end of raceway
e) A final settling pond and
f) Final effluent channel
3) Discharge from said treatment works into Snowbird Creek, classified C-Trout
waters in the Little Tennessee River Basin, at the location specified on the
attached map.

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Coldwater Trout Farms W WTP
Dba: Wide Creek Trout Sales
Latitude: 35.41' 44" N State Grid: Robbinsville
Loneitude: 81.07' 19" W Permitted Flow: Unlimited
Receivine Stream: Snowbird Creek Drainage Basin: tittle Tennessee River
Sturm Class: C-Trout Sub -Basin: 04-04-044
J
I Facility
Location
not to scale
NPDES Permit No. NCO071090
North Graham County

Permit NCO079090
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:
G ER STICS
EFFLUENT CHARA T I
CYi 'h+'*'M1T`L-v
,_t>�X$`LI IlS
fir; yr, M
'�� 'i�:k. ''�x T-iFC�NT
�s�aMOHITORING REQUIREMENTS
,"
'I
[ r
k:
Vy`fk{+gr
.�s)•Y"t :5 ?U <: :�` b'�+y...a.. a:,,'iC'F.,::,
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'...>
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z r
F ..>., .,... f x�
Mo thl A era a Dail MW' Um
"easure entri t�
M � Sample Type x
. X u
Z %G'V i
F.
gE�Fre
uenc�
Location»
xZ
Y�F
Flow
Monitor & Reporter
Quarterly
Estimate
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Quarterly
Grab
Effluent
Settleable Matter
5.0 m L
10.0 m L
Quarterly
Grab .
Effluent
NH3 as N
Monitor & Report
Quarterly
Grab
Effluent
TKN
Monitor & Report
Quarterly
Grab
Effluent
NO2 + NO3
Monitor & Report
Quarterly
Grab
Effluent
TKN
Monitor & Report
Quarterly
Grab
Effluent
Total Phosphorus
Monitor & Report
Quarterly
Grab
Effluent
PO4
Monitor & Report
Quarterly
Grab
Effluent
Permit Re -opener
See Attachment A. (2).
Not Applicable
Producation condition
See Attachment A. (3).
1 Not Applicable
• There shall be no discharge of floating solids or visible foam in other than
trace amounts.
• All samples must be collected from a typical discharge event.
• Waste from the production facility shall be disposed of properly either by land
application at. agronomic rates or by another environmentally safe manner.
• Special permit conditions (A. (2.) and A. (3.), applicable to the subject permit,
are listed in the Supplement to Effluent Limitations and Monitoring
requirements page.

Permit NC00'
Supplement to Effluent Limitations
And Monitoring Requirements
Special Conditions
PERMIT REOPENER CONDITION
Upon findings by the Division of Water Quality that impacts on the receiving stream
by the operation of this facility are sufficient to cause or contribute to violations of
water quality standards, including algal blooms of other nutrient enrichment
problems in Lake Santeetlah, this permit shall be revoked and issued or modified to
require such measures, including but not limited to additional effluent and stream
monitoring, additional fish management plan implementation, reduction of total
pounds of trout grown yearly or construction and operation of additional treatment.
A. ( 3.) PRODUCTION CONDITION
There shall be no additional construction for the purpose of increasing production
at this facility without prior approval by the Division.

NPDES Permit Standard Conditions
Page 1 of 16
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events.
3/Week -
Samples are collected three times per week on three separate calendar days.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
B ass
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.
Calendar Dav
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.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: 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
(3) Variable time/constant volume: 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 preset gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-how- period at
.a constant time interval. Use of this method requires prior approval by the Director. This method
may only be used in situations where effluent flow rates vary less than 15 percent. The following
restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
Version 1011012007

➢
➢
NPDES Permit Standard
Influent samples shall not be collected more than once per hour.
Perinittees with wastewater treatment systems whose detention time < 24 hours shall col]
grab samples at intervals of no greater than 20 iuinutes apart during any 24-hour period.
Perm1*ttees with wastewater treatment systems whose detention time exceeds 24 hours shall collect
effluent grab samples at least every X hours [<Z = days detention tune] over a 24-hour period. Effluent
samples shall be collected at least every six hours; there must be a minimum of four samples during a 24-
hour sampling period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent tunes when there may be no flow or for infrequent maintenance
activities on the flow device.
Daili, Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean
concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.2)
Dailv Maximum
The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: Permittees may not
submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant
Federal effluent guidelines] for the appropriate calculation interval.
Daily mpling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other
disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week
for any permit parameter(s), that requirement will be so noted on die Effluent Limitations and Monitoring Page(s).
DM or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EIVIC
The North Carolina Environmental Management Commission.
Facility Closure
The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage
under the NPDES. Completion of facility closure will allow this permit to be rescinded.
Geometric Alean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
Version 1011012007

ous flow measurement
1A measure of flow taken at the tune of sampling,
discharge.
NPDES Permit Standard Conditions
Page 3 of 16
when both the sample and flow.will be representative of the total
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit)
The average of all samples taken over a calendar quarter.
Severe 12roperty damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
UP -Set
An incident beyond the reasonable control of the Perriittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limi�
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such discharges.
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 Watei Act and is grounds for enforcement action; for permit termination, revocation and reissuance,
or modification; or denial of a permit renewal application [40 CFR 122.41].
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.
b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any such sections in a permit issued under section
402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8)
of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a)
(2)]
c. The Clean Water Act provides that any person who negligendy violates sections 301, 302, 306, 307, 308, 318, or
405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under
Version 1011012007

NPDES Permit Standard
section 402 of the Act, or any requirement unposed in a pretreatment program approved ut
402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)]
d. An) * person who knolvin
i/y violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[40 CFR 122.41 (a) (2)]
Any person who knowingly violates section 301, 302, 303, 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,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily unjuty, shall, upon conviction, be subject to a fuse of not more elan $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this 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 II penalty not to exceed $125,000. [40 CFR
122.41 (a) (3)]
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 with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41 (d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) 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.
Version 1011012007

NPDES Permit Standard Conditions
Page 5 of 16
rtP Rights
the issuance of this permit does not convey any propert`' r1g11tS 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 [40 CFR 122.41 (g)].
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 urn any navigable waters.
7. Severability
The provisions of this permit are severable. 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 [NCGS 150B-23].
8. Duty to Provide Information
The Pernittee 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 by this permit [40 CFR 122.41 (h)].
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 [40 CFR 122.41 (b)].
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 expiation 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. SigniatorT Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 122.41 (k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where 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 [40 CFR 122.22].
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b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a dull- authorized representative of that person. A
person is a duly authorized representative only if:
1. The authorization is made in writing by a person described above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company-. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph '(b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]:
"1 certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. 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."
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 [40 CFR 122.41
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 Tide 40, Code of Federal Regulations, Parts L2 and 123; Tide 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within 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) (2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
Certified Operator
Upon classification of the permitted facility by die Certification Cormission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no snore than one grade less than) the grade
of the system [15A NCAC 8G.0201].
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)RC of each Class I facility must:
Visit the facility at least weekly
➢ Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must:
➢ Visit the facility at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into anew system
b. Within 120 calendar days of:
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all tunes 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 Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
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 [40 CFR 122.41
(c)]
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41 (m) (3)]
(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 effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II. E. 6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
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(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take t
action against a Pertnittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
(3) The Pernnit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Pertnnit Issuing Authority deternnines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
u. 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 Pernttee facility was at the tune being properly operated; and
(3) The Pertnittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an
upset has the burden of proof in any enforcement proceeding.
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, an), 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 503. The
Permittee shall comply with applicable 40 CFR 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 15A NCAC 214.0124 —
Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures
either by means of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period 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 [40 CFR 122.41 (j)].
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itoring results obtained during the previous month(s) shall be sunninarized for each month and reported on a
monthly Discharge Monutoring Report (D1NIR) Form (1\IR 1, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DAIR 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 is 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. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by prunp logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or ui
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 [40 CFR 122.41].
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
determuied 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 [40 CFR 122.41].
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
➢ all original strip chart recordings for continuous monitoring instrumentation
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➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. Thus period may be extended by request of the Director at any time [40 CFR
122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
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 [40 CFR 122.41 (i)].
Section E Reporting Requirements
Change in Discharge
All discharges authorized herein shall be consistent with die terms and conditions of this permit. The discharge
of any pollutant identified un 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 [40 CFR 122.41 (1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
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 subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) (1).
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,
and such alteration, 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 to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)].
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.sfers
This perinit is not transferable to any person except after notice to the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such action
may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)].
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (D1VIR) (See Part II. D. 2) 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 this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Perinittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public 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 die 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 [40 CFR 122.41 (1) (6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
C. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permmittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at
the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of
this permit [40 CFR 122.41 (1) (7)].
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 tie Director, it shall promptly submit
such facts or information [40 CFR 122.41 (1) (8)].
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 die 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.
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Persons reporting such occurrences by telephone shall also file a written report within 5 days fol
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. 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 maintaitned under this permit, including
monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of
not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both
[40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Pennittee (NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality.
The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation.
PART III
OTHER REQUIREMENTS
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process (es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitorin
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section 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 (40 CFR 122.42):
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 times the maximum concentration value reported for that pollutant ui 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";
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Five hundred micrograms per liter (500 µg/L);
One milligram per liter 0 mg/L) for antimony;
Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Evaluation of Wastewater Discharge Alternatives
The Permittee shall 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 60 days of
notification by the Division.
Section E. Facility Closure Requirements
The Permittee must notify* the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Publicly Owned Treatment Works (POTWs)
All POTWs must provide adequate notice to the Director of the following:
1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to
section 301 or 306 of CWA if it were directly discharging those pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger
as influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality
of effluent to be discharged from the POTW.
Section B. Municipal Control of Pollutants from Industrial Users
Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from
industries using the municipal system may be present in the Permittee's discharge. At such time as
sufficient information becomes available to establish limitations for such pollutants, this permit may be
revised to specify effluent limitations for any or all of such other pollutants in accordance with best
practicable technology or water quality standards.
2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment system:
a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 CFR 261.21;
b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges
with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges;
C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW
resulting in Interference;
d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow
rate and/or pollutant concentration which will cause Interference with the POTW;
e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in
no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C
(104°F) unless the Division, upon request of the POTW, approves alternate temperature limits;
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f. Petroleum oil, nonbiodegradable cutting oil, or products of Maileral oil origin inn amounts that will
cause interference or pass through;
g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
h. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
With regard to the effluent requirements listed in Part I of thus permit, it may be necessary for the
Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to
ensure compliance by the Pernnittee with all applicable effluent limitations. Such actions by the Permittee
may be necessary regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet
Federal Pretreatment Standards promulgated hi response to Section 307(b) of the Act. Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the
Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing
Pretreatment Program per 15A NCAC 2H .0907(b).
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing
regulations or by the requirements of die approved State pretreatment prop ain, as appropriate.
Section C. Pretreatment Programs
Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40
CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H
.0900, and in accordance with fhe approved pretreatment program, all provisions and regulations contai ied and
referenced in the Pretreatment Program Submittal are an enforceable part of this permit.
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean
Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A
NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its
pretreatment program submission and Division approved modifications there of. Such operation shall include
but is not limited to the implementation of the following conditions and requirements:
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program.
2. Industrial Waste Survey (IWS)
The Permittee shall update its Inndustrial Waste Survey JWS) to include all users of the sewer collection
system at least once every five years.
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific
data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of
specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required
by Part II, Section D, and Section E.S.).
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five
years, and as required by the Division. Within 180 days of the effective date of this permit (or any
subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation
of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40
CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909,
specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H
.0909.
Version 1011012007

NPDES Permit Standard Conditions
Page 15 of 16
Industrial User Pretreatment Permits (!UPI & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits
shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control
technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and
requirements. The Pernnittee shall maintain a current Allocation Table (AT) which summarizes the results
of the Headworks Analysis (HWA) and the litnits from all Industrial User Pretreatment Permits (IUP).
Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.
Authorization to Construct (AtQ
The Permittee shall ensure that an Authorization to Construct pernnit (Atq is issued to all applicable
industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of
an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to
comply with all Industrial User Pretreatment Permit (IUP) limitations.
7. POTW Inspection &.Monitoring of their SIUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial
users, compliance with applicable pretreatment standards. The Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -
limited pollutants, once during the period from January 1 through June 30 and once during the
period from July 1 through December 31, except for organic compounds which shall be sampled
once per calendar year;
8. SIU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industy's pretreatment permit,
or in 15A NCAC 211.0908.
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations.
All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the
Division.
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be
required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements
and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment
Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the
Division at the following address:
NC DENR / DWQ / Pretreatment Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Version 1011012007

NPDES Permit Standard Con
Page 1G o
These reports shall be submitted according to a schedule established by die Director and shall contain the
following:
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial
Users (SIUs) in Significant Non -Compliance (SNC);
b.) Pretreatment Program Summary (PPS)
A pretreatment program sutnmary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report (SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on
specific forms approved by the Division;
d.) Industrial Data Suinmaly Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial
User (SIU). These analytical results must be reported on Industrial Data Summary Forms
(IDSF) or other specific format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules,
public notice of SIUs in SNC, and any other information, upon request, which in the
opinion of the Director is needed to determine compliance with the pretreatment
implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant
Non -Compliance (SNC) as defined ui the Permittee's Division -approved Sewer Use Ordinance with
applicable pretreatment requirements and standards during the previous twelve month period. This list
shall be published within four months of the applicable twelve-month period.
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along
with support information including general records, water quality records, and records of industrial impact
on the POTW.
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its,
approved pretreatment program.
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits
modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan
modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and
15A NCAC 2H .0907.
Version 1011012007

(3overnor
AGA
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
s Perdue Coleen H. Sullins Dee Freeman
Director Secretary
May 4, 2009
Howard R Brown
Coldwater Farms, Inc.
235 Milton Mashburn Dr
Andrews NC 28901
SUBJECT: Compliance Evaluation Inspection
Coldwater Trout Farm
Permit No: NCO079090
Graham County
Dear Mr. Brown:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection, which I conducted at the facility on April 21, 2009. The facility was found
to be in Compliance with permit NC0079090.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to contact me at 828-296-
4500.
Sincerer
Y�
Keith ayns
Environmental Senior Specialist
Enclosure
cc: Central Files
�MT he II'.11 File
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 7b, Swannanoa, NC 28778
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet: www.newaterouality.org
North Carolina
Naturally

United States Environmental Protection Agency
Form Approved.
EPAWashington, D.C. 20460
r
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 I NI 2 15I 31 NCO079090 111 121 09/04/21 117
18I DI 19I SI 20I
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA
------------- —------------ Reserved ------ -------------
67I 169 70III 71I I 721 NI
73J I 174 751 I I I I I Li 80
W
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)
Coldwater Trout Farm
09:30 AM 09/04/21
07/12/01
Exit Time/Date
Permit Expiration Date
Snowbird Rd
Robbinsville NC 28771
10:00 AM 09/04/21
12/11/30
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Andy Helton///
Name, Address of Responsible Official/Title/Phone and Fax Number
Howard R Hrown,235 Milton Mashburn Dr Andrews NC Contacted
28901//828-321-3335/8283214902 No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit M Operations & Maintenance ® Facility Site Review
10 Effluent/Receiving Waters
Section D: Summary of Find in/Comments Attach additional sheets of narrative
and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes .�� ARO WQ//828-296-4500/
r
Signature of Management.Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/
'J
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES ydrno/day Inspection Type
3I N00079090 I11 12I 09/04/21 117 18I _'
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) .
The facility appeared to be properly operated and well maintained. Current production is 175,000 Ibs of fish
and current feed rate is 7000 Ibs per week. Please make sure that the quarterly monitoring is performed
and results submitted according to the permit requirements. No problems were noted in the receiving
stream
Page # 2

rmit: NCO079090
ate: 04/21/2009
Owner -Facility: Coldwater Trout Farm
Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ®❑ n ❑
Does the facility analyze process control parameters, for ez: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n
Judge, and other that are applicable?
Comment:
Permit
Yes
NO
NA
N
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
n
n
Is the facility as described in the permit?
®
n
n
n
# Are there any special conditions for the permit?
Is access to the plant site restricted to the general public?
®
C!
Q
Is the inspector granted access to all areas for inspection?
®
n
n
❑
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ® n n n
Are the receiving water free of foam other than trace amounts and other debris? ® n ❑ n
If effluent (diffuser pipes are required) are they operating properly? n 0 ® n
Comment:
Page # 3

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 29, 2007
Mr. Steve Hargis, President
Coldwater Farms, Inc.
1199 Crantock Road
Smithfield, North Carolina 27577
Subject: Draft NPDES Permit
Permit NCO079090
Coldwater Trout Farm
Graham County
Dear Mr. Hargis:
Coleen H. Sullins Director
Division of Water Quality
Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to
ensure thorough understanding of the conditions and requirements it contains.
This draft permit contains no significant change from your current permit.
Concurrent with this transmittal, the Division will solicit public comment on this draft as required by the EPA by
publishing a notice in newspapers having circulation in the general Graham County area. Should you wish to
correct errors or provide comments regarding this draft please contact the NPDES Program no later than 30
days after receiving this document.
Please review this draft carefully to ensure thorough understanding of the information, conditions, and
requirements contained therein. Following the 30-day public comment period, the Division will review all
pertinent comments and take appropriate action prior to issuing a final NPDES permit. If you have questions
concerning the draft permit for your facility, please contact me by e-mail ([e-mail]) or call me at
[phone], extension 539.
Respectfully,
Robert L. Guerra
NPDES Unit, Western Program
Enclosure: NPDES Permit NCO079090 (DRAFT)
cc: Asheville Re`gional_O Surface Water Protection
NPDES Unit
NNao°e Carolina
turally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919.) 733-2496 1-977-623-6749
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Pr
Permit NCO079090
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
is ]
to
Basin.
to
Act, as amended, the
DIdwater Farms Incorporated
scharge wastewatera facility located at the
_Coldwater'Trout Farm- ---- j
4765 Snowbird Road
RobbinsV}Ile
Graham County j
sated as Snowbird Creek in -the Little Tennessee River
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.
This permit and authorization to discharge shall expire at midnight on November
30, 2012.
Signed this day.
DRAFT
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NCO079090
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or
discharge are hereby revoked. As of this permit issuance, any previously issued
permit bearing this number is no longer effective. Therefore, the exclusive authority
to operate and discharge from this facility arises under the permit conditions,
requirements, terms, and provisions included herein.
Coldwater Trout Farm, Inc. is hereby authorized to:
1) Continue to operate an existing trout farm facility producing approximately 200K
of trout per year. The facility is located at 4765 Snowbird Road, Robbinsville,
Graham County.
2) Coldwater -Trout Farm
a) A 48"
b) 20 - Concrete lined
c) 10 - control valves
I
d) Settling chambers
I
e) A final ;settling pon
f) Final effluent- than
consists..,of;
ulvert.-,f6eding tihe facili
raceways sized at Y44 ft x
i
.t the `end of raceway.
i
l and
iel.
3) Discharge from said treatment works into Snowbird Creek, classified C-Trout
waters in the Little Tennessee River Basin, at the location specified on the
attached map.

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S
Coldwater Trout Farms WWTP
Dba: Wide Creek Trout Sales
Latitude: 35'41'44" N State Grid: Robbinsville
Longitude: 8 P 07' 19" W Permitted Flow: Unlimited
Receiving Stream: Snowbird Creek Drainage Basin: Little Tennessee River
Stream Class: C-Trout Sub -Basin: 04-04-04
Facility
Location
not to scale
UM.
North I I
Permit No. NCO019090
NPDES Graham County

PV
Permit NCO079090
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - DRAFT
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 CHARACTERISTICS.
LIMITS
MONITORING. REQUIREMENTS -:
Monthly Average,
„Daily Maximum
,, `, Measurement' :;
Frequency
Sample Type
Sample - '
" ;Locationi
Flow
Monitor & Report
Quarterly
Estimate
E
Total Suspended Solids
30.0 mg/L
45.0 mg/L -
Quarterly
Grab
E
Settleable Matter
5.0 m L
10.0 m L
Quarterly
Grab
E
NH3. as N
Monitor & Report
Quarterly
Grab
E
TKN
Monitor & Report
Quarterly
Grab
E
NO2 + NO3
Monitor & Report
Quarterly
Grab
E
TKN
Monitor & Report
Quarterly
Grab
E
Total Phosphorus
Monitor & Report
Quarterly
Grab
E
--
4
--Monitor & Report
p
Quarterly —
_.—^ Grab----- .
! E
Permit Re -opener- -
See -Attachment A. 2
( )-;
F--Not-Applicable--!
Producation condition`,
See Attachment A. (3) ; `.
Not Applicable;
Footnotes: !
1. E =Effluent
There shall be no discharge of floatingsolids; or visible foam in other then'trace
amounts.
All samples must_be.-collected...from a typical discharge's event. _-
Waste from the production facility shall be disposed of properly either by land
application at agronomic rates or by another environmentally safe manner.
Special permit conditions applicable to the subject permit are listed in the
Supplement to Effluent Limitations and Monitoring requirements Page.

Permit NCO079090
Supplement to Effluent Limitations
And Monitoring Requirements
Special Conditions
A. (2.) PERMIT REOPENER CONDITION
Upon findings by the Division of Water Quality that impacts on the receiving stream
by the operation of this facility are sufficient to cause or contribute to violations of
water quality standards, including algal blooms of other nutrient enrichment
problems in Lake Santeetlah, this permit shall be revoked and issued or modified to
require such measures, including but not limited to additional effluent and stream
monitoring, additional fish management plan implementation, reduction of total
pounds of trout grown yearly or construction and operation of additional treatment.
A. ( 3.) PRODUCTION CONDITION
There shall be no additional construction for the purpose of increasing production
at this facility without prior approval by the Division.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 5, 2007
Steve Hargis, President
Coldwater Farms, Inc.
1199 Crantock Road
Smithfield, NC 27577
Subject: Receipt of permit renewal application
NPDES Permit NCO079090
Coldwater Farms, Inc.
Grahm County
Dear Mr. Hargis:
The NPDES Unit received your permit renewal application on June 5, 2007. A member of the
NPDES Unit will review your application. They 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. .
If you have any additional questions concerning renewal of the subject permits, please contact Susan
Wilson at [phone], extension 510.
Sincerely,
Laurie Singleton
NPDES Unit
cc: CENTRAL FILES
Asheviille R,-77 Mal Water Pro.tectro i
NPDES Unit
i
NorthCarolina
Nattmml&
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterqualitv.ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

12:54P FROM:CR BROW] T DBA CAR 8283214902 T 1193000035 P.2
May 29, 2007
Yi
JUN
Cover Letter 20011
R�a6d7 S+✓�y,.r.d� (tljAp IT`(
I would like to renew my NPDES permit for Permit # NCO079090 at
.Coldwater Trout Farm, Graham County, N.C.
The only addition to the farm is a solid waste vacuum system which
makes cleaning of the quiescent zones much easier. Outside of this
instillation nothing new has been added.
Owner CbAa wa e ,
by: S Harg's , president

2:55P FROM:CR BROW IT DBA CAR e283214902 TI 193000035 • P.4
NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial
Minor industrial, manufacturing and commercial facilities.
Mail the complete application to:
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPOEB Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit Number INCO019
Please print or type.
1. Contact Information:
Owner Name
Facility Name cp9 cf�W �trtiva��,'
Mailing Address 119 iii II Crayy� bC. Roa
city
State / Zip Code C
Telephone Number
Fax Number
e-mail Address
2. Location of facility producing discharge:
Check here if same as above ❑
Street Address or State Road S rl _,�--,�,� FA
city-`�►�
State / Zip Code
County
I JUN 4 200? "
d'JUA ITY
t OINo sO:.rIPCE
3. Operator Information:
Name of the f mi, consultant or other entity that operates the facility. (Note that this is not referring to the
Operator in Responsible Charge or ORQ
Name
Mailing Address
City
State / Zip Code
Telephone Number
Fax Number
4. Ownership Status:
Federal ❑
C, SaC�..L.
a35 ih i llr\ Amwn7tw t_.
N.C. ,11goI
%2A-24-3335
gn -34-`HWL.
State ❑ Private Rr Public ❑
Page 1 of 5
C-MI 03105

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d. �taP�d �ustrial C�aad�a�otioa{6[�} eode(s� Gv U �G
6. Number of tnnpbyem 9 i
7. DescmUm Um tmatmment system List ail bsalMd wasire ftw brient ownponods with oapacilies,
desmbe theprwxsses that gernte wastevotds. 4 the space provided is not mtakfWd allw* a
sepatfe Mad ofpgw with Ute system desQiptior
�►'0�/ 1�S�i,L[.h �[�Wo►�/ /�� g � gy/�SCcDn� Z oiod1 as� `
Cn W`%nrG �o/%al UAA S e �xl`F�c S/ xg Ae' S Gl,ra- vaepO &- CL iaT rG� o% r
JAAc.-,, 3 n� Vaeuo.,v. po.%Ato 7QnA- C40AA�Y a-;p/��as s •-a �o
G %O ����d dOn �, j%aCyV.v. 3rq�e�• a v.,J� �
G. Its Awn tt co•msd vmdes fadead cMw= bm mcioa guUcDant No ❑ Tes ❑
9�. specu!F am cafsoryi► .
9. PrdUW"l P :1 Pad- _ &La Aaa %novf'
PrIaeipal mw matGYgs) eon ma is 7rro✓7f 62e�
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Mitaor indvaststsl, maaufteturing and, commeroW faeditiem'
10. Amount of principal product produced or raw materml consumed
if._a _ Wit_ _ ems--....-7 �.....i1.... ..;�....i.....a �w�inr nVmr lho 7nct tl~- IMM"s)
Product MRAnCed or Raw Material
Consumed
(AVERAGE
Product Produced or Raw lldaterW
Coasamed
LYZAIQ
per Day
per Month
p D C)
tr
per Year
p
- p C)C3
11. Frequency of discharge: Continuous Intermittent ❑
If intermittent. -
Days per week discLarge occurs: Dd=Uan:
12. Types of wastewater discharged to owfine waters only
Di: charge
Flow
L4ALLONS PER PATI
Sanitary - monthly average
Utility water. etc. - monthly average
Process water - monthly average
Stormwater - monthly average
Other n- monthly average
LaUL Rilu."U Se % a LrP®u)
I 0 0® 0 0.0
13. Number of separate discltarge point@: _,L_ Outfalt.Identtfiastion unnamr(s)
14. Name of receiving streaaa(sl fl)bvide a map showing the exact location of each outfal& includbv
latitude and longitudeb
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S"�
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15. Muent Data
Provide data for*eparwiu4ers fisted. Tew4wratrav and pfishal[ be 9Mb sarrIea, fur all Oftrpoltameters 24-horo
campvsde saffLohng shall be use& If mare than arts a na%pb fs repar&4 report dMV maxtrmm and WWI 'MLWv9G
If oniy ores andysis is reported, wport as daily madru+m-
Paratnates
7
1[asianm
1ldoatw
Avasago
units of
f[easurament
Biacbmuical CbWWn Demand (SODS)
Chemicid Oxygen Demand (CAD)
Total Organic Carbon
'total Suspended Aida
AmmOnia as M
Temperature mummer)
ZE, f
�
...
T�evvmperature (win"
.A°
a -
PH
s
FCeal COMM (If sfufttry waste 1a3
pment)
d/0-
411pt
Total Raaidual Chlorine (if chlorine is
used)
f -,
16_ List s0 petsdss, oaasta sties sppravaL sad/as appOcatioms fdwckad that apply arrdprvrwde permit
rrusnbe s or check noww if nut appffbabio
A t � Permit Nn�r ze >WVAlteAr
Hazardous Weaft PZCRA) NESHAPS (CAA)
UEC (SDWA) OeeW Dumping RMP-SA)
NPDES a Dre3dW ot- Qu dSecthn 404 or CWA)
PSD (CAA) Ocher
Nap- C'Kt (CALL
17. List wW ebaa dells that =my be disodratgmd (pleaw list mad a pkk $arn�M and faoberrtW
lie s ds
ate' cc��u� 'f'7re�

11:47P FROM M BROW IT DBA CAR 8283214902 T )193000035 P.9
NPDES PERMIT APPLICATION' SHORT FORM C - Minor industrial
Minor industrial, manufacturing and eommereW facilities -
is. Is this facility located on Indian countryy (check one)
Yes ❑ No
19. Applicant nation
I certify that I am familiar with the- Information contained fa tbo application and that to the
beet of mr knodledge and belief such information b true, complete, and accurate.
name
North Carolina General Statute 143 215.6 (b)(2) provides that: Any person w-ho knowingly makes any f dse
statement representation, or certification in any application, record, report, plan, or other document Arlen or
required to he 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
Environments) Management Commission implementing that Article, shall be guilty of a misdemeanor punishable
by a fine not to exceed $25,000. or by imprisonment not to exceed six months, or by both. 118 U.S.C. Section
1001 provides a punishment by a fine of not more than S25,000 or imprisonment not more than- 5 years, or bath,
for a similar offense.)
Page ii of 5
GNI 030

07 02:54P FROM:CR BROW IT DBA CAR 8283214902 T i193000035 P.3
Sludge Management Plan
May 29.2007
Trout waste that settles in the quiescent zones for each raceway
is vacuumed.at regular intervals depending on time of year and
amount of feed fed. For heavy feeding times such as spring and
fall the zones are vacuumed about every two weeks. In winter and
summer the frequency drops to about once per month.
The sludge is disposed of in a settling pond where the clear
surface water is drained into the outfall of the farm. When enough
solids are collected they are removed with a loader and placed on a
sand bed where they are dewatered before hauling to fields for
application. To this point we have not collected enough material to
remove any from the settling pond. Therefore, at this point we
don't need a field application permit.
Owner Co\ IwAg
by: Steve H gist @resident

`O�QF W AT F9QG
� r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
CERTIFIED MAIL 7002-3150-0003-7052-9158
RETURN RECEIPT REQUESTED
Mr. Steve Hargis, President
Coldwater Farms, Inc.
1199 Crantock Road
Smithfield, NC 27577
Dear Mr. Hargis:
Alan W. Klimek, P.E. Director
Division_of Water Quality
March 7, 2007
ill MAR 8 2007 f
E-
WAT�,GI_igL,IT`,� S�=CTfON
ASHE`•/IEEE RFGIOiVAL (�=-'=ICE
SUBJECT: Final Notice of Civil Penalty Assessment
Coldwater Farms, Inc.
Coldwater Farms WWTP
Permit Number NCO079090
Case Number LR-2002-0008
Graham County
On March 13, 2006, the Division assessed a civil penalty of $600.00 [$500.00 penalty and $100.00 in enforcement costs], against
Coldwater Farms WWTP for violations of G.S. 143-215.1(a)(6) and the subject permit.
The assessment was sent via certified mail and was accompanied by a list of available options that included: payment of the penalty, request
for remission of the penalty, or request for an administrative hearing. A recent search of Division records was conducted at both the Central
Office in Raleigh and the Asheville Regional Office. Division staff found no record of any response in regard to the above enforcement case.
If thirty (30) days pass after the receipt of a civil penalty assessment and the assessed party takes no action via of the three options cited
above, North Carolina General Statute 143-215.6A(g) allows the NC DENR Secretary to request that the North Carolina Attorney General to
institute a civil action in Superior Court to recover the unpaid assessment.
This letter serves as final notice that the Division will refer the case noted above to the North Carolina Attorney General's Office for
collection through the courts unless payment in the amount of $600.00 is received in this office by April 7, 2007. Please make check payable
to NC DENR and include the case number for which you are submitting payment on the check, and send it to my attention so that I may
ensure that proper credit is made and the case is closed.
If you have evidence that this assessment has already been paid [or otherwise resolved, via an Administrative Hearing or Penalty Remission],
you may fax these to my attention at 919-733-0719. If you have any questions or need to speak with me please contact me at 919 733-5083
(x- 539). Thank you for your prompt attention to this matter.
Sincerely,
Robert Guerra
Western Region NPDES
cc: NPDES Unit
Ash'evil_le,Regional-O ffice Water- Quality --Protection
GentrEal Files
Case File LV-2006-0008
oae
NCarolina
Nahmally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

t,
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Howard Brown
235 Milton Mashburn Drive.
Andrews, North Carolina 28901
Dear Mr. Brown:
7006 2150 0005 2459 7261
Subject: NOTICE OF VIOLATION
NOV-2007-MV-0045
Permit No. NCO079090
Coldwater Trout Farm
Graham County
A review of Coldwater Trout Farm's monitoring report for December 2006 showed the
following violations:
Parameter
Quarter
Ending
Measuring
Frequency
Violation
Nitrite plus Nitrate
12/31/06
Quarterly
Failure to Report
Nitrogen, Kjeldahl, Total
12/31/06
Quarterly
Failure to Report
Phosphate, Ortho (as PO4)
12/31/06
Quarterly
Failure to Report
Compliance Issue
Compliance Status Not Marked (back of DMR)
Signature Missing (back of DMR)
Remedial actions should be taken to correct this problem and an Amended DMR submitted
per the instructions given by letter, dated February 5, 2007. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
Carefully review these violations and deficiencies and respond in writing to this office within 30
calendar days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations. If you should have any questions,
please do not hesitate to contact Mr. Larry Frost at [phone].
Sincerely,
0"
Roger C. Edwards, Regional Supervisor
Surface Water Protection
cc: WQ Central Files"
NPDES Unit
NoithCarolina
2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 ooAhC rol in

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
-{ Division of Water Quality
April 11, 2007
Steve Hargis
Coldwater Farms, Inc.
1199 Crantock Rd
Smithfield, NC 27577
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Coldwater Trout Farm
Permit Number: NCO079090
Case Number: LR-2006-0008
Graham County
Dear Mr. Hargis:
a APR
6
2007 j ._., J;
LWATER CUAI_!TY
JFj__..�
SiIEVILLF REGiCNF.i nFCIV
-- - _ -r _E
This letter is to acknowledge receipt of check number 188 in the amount of $600.00 received from
you dated April 1, 2007. This payment satisfies in full the above civil assessment levied against
the subject facility, and this case has been closed. Payment of this penalty in no way precludes
future action by this Division for additional violations of the applicable Statutes, Regulations, or
Permits.
If you have any questions, please call Bob Guerra at 919-733-5083 Ext.539.
Sincerely,
Carolyn Bryant
cc: DWQ Asheville. Regional_Office Supervisor
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
[phone]
Customer Service
1 800 623-7748
Nne
orthCarolina
Natttra!!�

COLDWATER FARMS, INC. 188
210 E. WELLONS ST.
SMITHFIELD, NC 27577 66-30
531
PAY TO THE � (�U� $ d O
ORDER OF
�1V-- d //-el JS
DOLLARS
v
FIRST CITIZENSBANK INSURED MONEY MARKET SAVINGS
First Citizens Bank & Trust Company
O� ^ o c$%lt ieId, N.C. 27577 — O -
FOR
11100000

AWA--
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
May 1, 2007
Howard Brown
Coldwater Farms, Inc.
235 Milton Mashburn Drive
Andrews, NC 28901
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: Renewal Notice
NPDES Permit NCO079090
Coldwater Trout Farm
Graham County
Dear Permittee:
Your NPDES permit expires on November 30, 2007.' 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 June 3, 2007. 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 November 30, 2007, 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. WOa`
NPDES Unity'I"
cc: Central Files
NPDtS Vile
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone], extension 511 / FAX [phone] / [e-mail]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
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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
May 24, 2007
Mr. Steve Hargis
199 Crantock Road
Smithfield, NC 27577
Subject: Renewal of NPDES Permit NCO079090
Coldwater Trout Farm
Graham County
Dear Mr. Hargis:
Your NPDES permit for the subject WWTP expires on November 30, 2007. This notice is being sent to
explain the requirements for your permit renewal application.
Federal (40 CFR 122) and state (15A NCAC 2H.0105 (e)) regulations require that permit renewal
applications be filed at least 180 days prior to expiration of the current permit. Your renewal application is
due to the Division no later than June 3, 2007. Failure to apply for renewal by the appropriate deadline can
result in a civil penalty assessment or other enforcement activity at the discretion of the Director.
If your facility is still discharging any wastewater, this permit must be renewed. Discharge of wastewater
without a valid permit violates North Carolina General Statute 143-215.1 and could result in assessment of
civil penalties of up to $25,000 per day.
Use the attached checklist to complete your renewal package. The checklist identifies the items you must
submit with the permit renewal application. If all wastewater discharge has ceased at this facility and you
wish to rescind this permit, please contact me. My telephone number, fax number and e-mail address are
listed at the bottom of the previous page.
Sincerely,
4k�'Va
Charles H. Weaver; J'r. „
NPDES Unit
U
cc: Central Files E
sheynllegronTOffce / urface"'Wate Protection
NPDES File M AY 2 9 2007 l 8'
I
LWATER QUALITY SECTION
AcH,FVILL R,ErIQ^.AL O-F!CE
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719
VISIT us ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES [e-mail]

NPDES Permit Renewal Checklist
The following items are REQUIRED for all renewal packages:
o 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.
o The completed application form (copy attached), signed by the permittee or an Authorized
Representative. Submit one signed original and two copies.
o 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 the Authorized Representative (see Part II.B.11.b of
the existing NPDES permit).
o 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 Industrial or Municipal
facilities discharging industrial process wastewater:
o Industrial facilities classified as Primary Industries (see Appendix A to Title 40 of the
Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in
accordance with 40 CFR Part 122.21. If the PPA is not completed when the application
package is otherwise ready to submit, submit the application package without the PPA.
Submit the PPA as soon as possible. This requirement also applies to municipal facilities
with active pretreatment programs.
The above requirement does NOT apply, to non -industrial facilities.
PLEASE NOTE:
Due to a change in fees effective July 1, 1999, there is no renewal fee
required with your application package.
Send the completed renewal package to:
Charles H. Weaver
NC DENR / DWQ / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617

"
tl NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
January 7, 1999
Mr. Howard Garver
Wide Creek Trout Farm
Post Office Box 367
Robbinsville, North Carolina 28771
Subject: Compliance Sampling Inspection
Status: In Compliance
Wide Creek Trout Farm
Certificate of Coverage NCG530077
Graham County
Dear Mr. Garver:
On October 14, 1998, Keith Haynes and I conducted a
Complianpe-Sampling Inspection of the Wide Creek Trout Farm
(formerly Coldwater Trout Farms, Inc.). ;Grab samples were
collected of the influent from Snowbird Creek and of the
effluent from the return tailrace. The laboratory results
indicate that the trout farm was operating in compliance
with the General Permit limits. A copy of the inspection
report is enclosed for your records.
BOD5
Total Suspended Residue
Ammonia
Total Kjeldahl Nitrogen
Nitrite + Nitrate as N
Total Phosphorus
Phosphate as Phosphorus
Temperature
Settleable Solids
* Estimated at 0.2 mg/1
** Estimated at 1.1 mg/1
NT - No Test
INFLUENT
EFFLUENT
<2 mg/1*
<2 mg/l**
<1 mg/1
<1 mg/l
0.01 mg/1
0.26 mg/l
0.2 mg/l
0.4 mg/1
<0.01 mg/1
0.02 mg/1
0.01 mg/1'
0.06 mg/1
<0.01 mg/1
0.01 mg/l
NT
15 deg. C
NT
<0.1 ml/l
At the time of the inspection, waste had not been
pumped from the settlement areas in the raceways for some
time. Waste should be regularly removed to minimize the
carryover of solids and nutrients to the stream, even during
low flow conditions.. It is requested that you keep a record
of each time waste,is removed from the raceways, the amount
removed or the pumping time, and when and if it was. land
applied.
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801 -2414
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /APPIR.MATIVE ACTION EMPLOYER -50 a RECYCLED/10% POST -CONSUMER PAPER
I

•nJr Hf�c rH
tiect/oq Rep it n'Aru�c REsouR�-Fs
/ triSpe�iOA Type = Inspector FacilityType
Section B: Facility Data , 3
..•` .. •.: -..
Time:... _ _
Entry Permit Effective:
10:50 AM _ 93/11/01 .
Exit Time/Date: -_ Permit Expiration:.
12:20 PM 97/07/31
ame(s) of On -Site Represo�,:.,�e(s)
Titles)
(;_ Phone No(s)
f: Howard Garver
a Operator 828-479-6267
Address
Name, of Responsible Official Title
Howard Garver
Operator
rp:O. Box 367
lRobe, NC 28771 - �
binsvillPhone No. Contactedi''
828-479-6267 Yes
Section Q Areas Evaluated During Inspection (S - Satisfactory, M - Marginal, U - Unsatisfactory, N - Not Evaluated)
M Permit N Flow Measurement N Pretreatment M Operations & Maintenance
N Records/Reports N Laboratory N Compliance Schedules M Sludge Disposal
S Facility Site Review S Effluent/Receiving Waters N Self -Monitoring Program _ Other:
Section° D: Summary of Findings/Comments/Compliance Status (Attach additional sheets if necessary)
Grab samples were collected of the influent from Snowbird Creek and of the effluent from the return tailrace. The
laboratory results indicate that the trout farm was operating in compliance with the General Permit limits.
RA INFLUENT EFFLUENT
BODS . <2 mg/I* <2 mg/I**
Total SuspendecLResidue '<1 mg/I <1 mg/I
Ammonia 0.01 mg/I 0.26 Me.
_:Total Kjeldahl Nitrogen .. 0.2 mg/I 0.4 mg/I _
Nitrite + Nitrate as N <0.01 mg/I 0.02 mg%I'
Total Phosphorus 0.01 mg/I 0.06 mg/I
Phosphate as Phosphorus <0.01 mg/I 0.01 mg/I ..
Temperature ' - NT 15 deg. C :.
Settleable Solids NT <0.1 ml/I
* Estimated at 0.2 mg/I
** Estimated at 1.1.rngll
NT - No Test
At the time of the inspection, waste had not been pumped from the settlement areas in the raceways for some time.
Waste should be regularly removed to minimize the carryover of solids and nutrients to the stream, even during low
flow conditions. It is requested that you keep a record of each time waste is removed from the raceways, the amount
removed or the pumping time, and when and if it was land applied.
The General Permit for the trout farm has expired, probably due to the change in ownership. Please complete a
Notice ..of.. Intent for Wide Creek Trout Farm to obtain a current permit.
Compliance Status: X Compliance _ Deficiency _ Non -Compliance
Names) and Signature(s) of Inspectors
Liz Dickson and D. Keith Haynes
Agency/Office/Telephone
NC-DWQ/ARO/828-251-6208
Date
OI /OvI`ict
Signature of Re
/ i
Agency/Office/Tele phone
Date /
NC-DWQ/ARO/828-251-6208
a

6
fate. of- North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
WILLIAM B. PALAS
PALAS TROUT FARM
485 SHOPE CREEK ROAD
ASHEVILLE NC 28805
Dear Permittee:
September 30,1993
.V.
Subject: PALAS TROUT FARM
Certificate of Coverage NCG530078
General Permit NCG530000
Formerly NPDES Permit NCO079103
Buncombe County
The Division of Environmental Management has recently evaluated all existing individual permits for potential
coverage under general permits currently issued by the Division. 15A N.C.A.C. 2H .0127 allows the Division to
evaluate groups of permits having similar discharge activities for coverage under general permits and issue
coverage where the Division finds control of the discharges more appropriate in this manner. The Division has
determined that the subject discharge qualifies for such coverage. Therefore, the Division is hereby issuing the
subject Certificate of Coverage under the state-NPDES general permit no. NCG530000 which shall void NPDES
Permit NC0079103. This Certificate of Coverage is issued pursuant to the requirements of North Carolina and the
US Environmental Protection Agency Memorandum of Agreement dated December 6,1983 and as subsequently
amended.
If any parts, measurement frequencies or sampling requirements contained in this general permit are unacceptable to
you, you have the right to submit an individual permit application, associated processing fee and letter requesting
coverage under an individual permit. Unless such demand is made, this decision shall be final and binding. Please
take notice this Certificate of Coverage is not transferable. Part II, EA. addresses the requirements to be followed
in case of change of ownership or control of this discharge.
In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action, including those as may be required by this Division, such as the
construction of additional or replacement wastewater treatment or disposal facilities. Construction of any
wastewater treatment facilities will require issuance of an Authorization to Construct from this Division.
Failure to abide by the requirements contained in this Certificate of Coverage and respective general permit may
subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C. Please note that the general permit does require
monitoring in accordance with federal law. The monitoring data is not required to be submitted to the Division
unless specifically requested, however, the permittee is required to maintain all records for a period of at least
three (3) years.
Post Office Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled -10% post -consumer paper

V
Page 2'
WILLIAM B: PALAS
PALAS TROUT FARM
Certificate of Coverage No. NCG530078
The issuance of this Certificate of Coverage is an administrative action initiated by the Division of
Environmental Management and therefore, no fees are due at this time. In accordance with current rules, there
are no annual administrative and compliance monitoring fees for coverage under general permits. The only fee
you will be responsible for is a renewal fee at the time of renewal. The current permit expires July 31,1997.
This coverage will remain valid through the duration of the attached general permit. The Division will be
responsiblefor the reissuance of the general permit and at such time, you will be notified of the procedures to
follow to continue coverage under the reissued permit. Unless you fail to follow the procedures for continued
coverage, you will continue to be permitted to discharge in accordance with the attached general permit.
The issuance of this Certificate of Coverage does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances which may be required by the Division of Environmental Management
or permits required by the Division of Land Resources, the Coastal Area Management Act or any Federal or
Local other governmental permit that may be required.
If you have any questions or need additional information regarding this matter, please contact either the
Asheville Regional Office, Water Quality Section at telephone number 704/ 251-6208, or a review engineer in
the NPDES Group in the Central Office at telephone number 919/733-5083.
Sincerely,
A. Preston Howa r., P.E.
cc: Asheville Regional Office
Central Files

Pr
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
GENERAL PERMIT NO. NCG530000
CERTIFICATE OF COVERAGE No. NCG530078
TO DISCHARGE SEAFOOD PACKING AND RINSING, FISH FARMS AND SIMILIAR WASTEWATERS
UNDER�THE
NATIONAL POLLUNTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
PALAS TROUT FARM
is hereby authorized to discharge seafood packing and rinsing, fish farm or similiar wastewaters from a
facility located at
PALAS TROUT FARM
Buncombe County
to receiving waters designated as the SHOPE CREEK/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 November 1, 1993.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day, September 30, 1993.
Preston Howard; ir., P.E.,Director
Division of Environmental Management
By Authority of the Environmental Management Commission

Ste"
'—i
Mr. Howard Brown
235 Milton Mashburn Drive
Andrews, North Carolina 28901
r
Dear Mr. Brown:
Michaels^:•E Governor
0M
Willi ' 1 U Ross Jr., Secretary
North Carbli' Departmt of me yfif'N' tural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
SURFACE WATER PROTECTION
February 5, 2007
Subject: Discharge Monitoring Report - Problems
Coldwater Trout Farm
NPDES Permit No. NCO079090
Graham County
In the last few months the Division has noted discrepancies in your Discharge
Monitoring Reports (DMR's), the purpose of this letter is to give you some help in resolving
those discrepancies and preventing problems in the future. Attached you will find blank copies
and a sample copy of a corrected DMR for your facility.
First of all as you already know, you are required to submit a quarterly DMR. The
quarters are January through March, April through June, July through September and October
through December. The sampling can be done on any day during the quarter. Once you
receive your results you must submit them to the Division on a properly completed DMR by the
end of the month after the sampling. Therefore, if you had sampled on August 21, 2006 you
had until September 30, 2006 to get your completed August 2006 DMR in the mail to the
Division. On your DMR you must have monitored for flow, total suspended solids, settleable
matter, NH3-N, TKN, NO2+NO3, Total Phosphorus and PO4. Along with these monitoring
parameters the DMR must be correctly filled out, front and back.
The DMR form is set up so that the permittee can modify it for their individual permit
needs. I have reviewed your DMR's and have determined that you have not modified your
DMR for your permit and probably only have the front page. I have attached modified blank
forms for your needs, you may copy them for your future DMR needs.
I have also attached an AMENDED DMR for August 2006. The reason it required
correction is:
1) records indicate that the sampling was done on August 21, 2006 and your DMR
indicates the sampling was done on September 25, 2006.
2) not all parameters required of your permit are on the DMR.
3) no back page.
Please sign the amended DMR, follow the directions on the front of the form, mail it to Raleigh
and keep a copy for your records to use as an example in the future.
NorthCarolina
Nat a?711Y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Mr. Brown
February 5, 2007
Page 2
1 have also attached a copy of your August 2006 records supplied to me by Earth
Environmental Services.
Finally, my hope is that the enclosed information will help you comply with your permit
requirements. If you should have any questions regarding DMR's or any other issues with this
permit please call me at [phone].
Sincerely,
La Frost
E vironmental Engineer
Enclosures

EFFLUENT
NCO079090 DISCHARGE NO:
AME:' Coldwater Trout Farm
FRTrIFIFD
L ABORATORIESS (1): Earth EnVir Services
( list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE (ORC)
PERSON(S) COLLECTING SAMPLES:
CHECK BOX IF ORC HAS CHANGED:
MAIL ORIGINAL AND ONE COPY TO:
ATTN: CENTRAL FILES
Division of Water Quality
1617 Mail Service Center
Raleigh, INC 27699-1617
Howard Brown
1 MONTH:
CLASS: n/a
CERTIFICATION NO. 352
A6—a-5—h YEAR: 7-0 0 .e
COUNTY: Graham
GRADE CERTIFICATION NO.
ORC PHONE
NO FLOW / DISCHARGE FROM SITE
(SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE)
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
DATE
I
MM
®�
•
•
DWQ Form MR-1 (Revised 11104)

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements C�
Noncompliant
The permittee shall report to the Director the appropriate Regional Office any noncompliance that potentially threatens public
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.
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation,
maintenance, etc., and a time table for improvements to be made.
"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."
X
235 Milton Mashburn Drive, Andrews, NC 28901
Permittee (Please print or type)
Howard Brown
Signature of Permittee** Date
828.321.3335
November 30, 2007
Permittee Address
Phone Number
e-mail address
Permit Exp. Date
PARAMETER CODES
00010 Temperature
00556 Oil & Grease
00951 Total Flouride
01067 Nickel
50060 Total
00076 Turbidity
00600 Total Nitrogen
01002 Total Arsenic
01077 Silver
Residual
00080 Color (Pt -Co)
00610 Ammonia Nitrogen
01092 Zinc
Chlorine
00082 Color (ADM])
00625 Total Kjeldhal
01027 Cadium
01105 Aluminum
Nitrogen
00095 Conductivity
00630 Nitrates/Nitrites
01032 Hexavalent Chromiun
01147 Total Selenium
71880 Formaldehyde
00300 Dissolved Oxygen
01034 Chromium
31616 Fecal Coliform
71900 Mercury
00310 BOD5
00665 Total Phosphorous
32730 Total Phenolics
81551 Xylene
00340 COD
00720 Cyanide
01037 Total Cobalt
34235 Benzene
00400 pH
00745 Total Sulfide
01042 Copper
34481 Toluene
00530 Total Susppended
00927 Total Magnesium
38260 MBAS
Residue
00929 Total Sodium
01045 Iron
39516 PCBs
00545 Settleable Matter
00940 Total Chloride
01051 Lead
50050 Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at [phone], or by visiting
the Surface Water Protection Sections's web site at h2o.enr.sfate.nc.us/wgmnd linking to the units information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow / Discharge From Site Check this box if no discharge occurs, and as result, there are no data to be entered for all of the
parameters on the DMR for the entire monitoring period.
** ORC On Site ?: ORC must visit facility and document visitation of facility as required per 15A NCAC BAG 0204.
***If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B.0506 (b) (2) (D).

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Residence (828) B37-9543
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United States Environmental Protection Agency
EPA/� Washington, D.C. 20460
Form Approved.
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 I NI 2 15I 11 NCO079090 111 121 06/10/27 117 181 CI 19I SI 20III
Remarks
21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA--------------
671 169 701 I 711 I 721 NJ 73I 74 751 I I I I I I 180
I 1
�I
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)
Coldwater Trout Farm
02:00 PM 06/10/27
05/09/01
Exit Time/Date
Permit Expiration Date
Snowbird Rd
Robbinsville NC 28771
02:30 PM 06/10/27
07/11/30
Name(s) of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Steve Hargis,1199 Crantock Rd Smithfield NC 27577//919-631-3030/ Contacted
D]o
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Larry Frost ARO WQ//828-296-4500 Ext.4658/, 0�
Keith Haynes ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
C0079090 I11 12I 06/10/27 I17 18 J
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
The inspectors were in the are4on another complaint.
The farm appears to be operating well and in good condition.
A regular inspection will scheduled for later in FY 2006-2007.
Page # 2

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
October 23, 2006
Mr. Howard Brown
Coldwater Farms
235 Milton Mashburn Dr. .
Andrews, NC 28901
Subject: Notice of Incomplete Discharge Monitoring Report NCO079090
Dear Pennittee:
The purpose of this letter is to call your attention to problems with the recent submittal of the Discharge
Monitoring Report (DMR) from your facility. As you may know, the data recorded on your DMR is keyed
into the Division's database. Our data entry staff has informed me of problems with your recent DMR
submittal. Until these problems have been corrected, your DMR will be considered incomplete. Please
see the attached form along with a copy of the problem DMR for details regarding the DMR's deficiency.
Incomplete or illegible DMRs affect our staff s ability to provide a timely and effective evaluation of DMR
submittals. Please be aware that until the Division receives a corrected DMR, you may be considered
noncompliant with your NPD.ES permit and 15A NCAC 02B .0506, and you may be subject to further
enforcement action. Please take the necessary steps to correct the problems and submit two copies of the
amended DMR within fifteen (15) days of the date of this letter to the following address:
Attention: Michele Phillips
Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Future DMR submittals with the same or similar problems will be unacceptable. If you have any questions
about the proper completion of DMRs, please contact Michele Phillips at 919-733-5083 Ext. 534. Thank
you for your assistance in this matter.
Sincerely,
Michele Phillips
cc: A -fiR;T e Regiona Office
Central Files
OCT 2 4 2000
WATER GUALI T `.' SEOTIO;-
�ASHEVILLE REGIONAL r- IF E
_ .�
Nose Carolina
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone: [phone] Customer Service
Internet: httpJ>h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 Fax: [phone]
An Equal OpportunitylAffirmative Action Employer

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of onment and Natural Resources
r Alan W. Klimek, P.E. Director
1 'Division of Water Quality
Steve Hargis
Coldwater Farms, Inc.
1199 Crantock Rd '
Smithfield, NC 27577
SUBJECT:
Dear Mr. Hargis:
July 14, 2006
Payment Acknowledgment
Civil Penalty Assessment _.
Coldwater Trout Farm
Permit Number: NCO079090
Case Number: LR-2006-0016
Graham County
This letter is to acknowledge receipt of check number 25344 in the amount of $1,100.00 received.
from you dated July 11, 2006. This payment. satisfies in full the above civil assessment levied
against the subject facility, and this case has been closed. Payment of this penalty in no way
precludes future action by this Division for additional violations of the applicable. Statutes,
Regulations, or Permits.
If you have any questions, please call Bob Guerra at 919-733-5083 Ext. 539.
Sincerely,
Carolyn Bryan
cc:� shevillg1onalT)ffice` Sgexv'sor
Central Files
I I JUL 1 8 2006 LI-
_ _ �-
WATER QUALITY SECTION
AS HVILLE REGIONFlL OOI�E-:
1617 Mail Service Center Raleigh, NC 27699-1617 (919) 7334015
Customer Service
One
NhCarolina
J1�atura!!r�
1 800 623-7748

. BROWN ENTERPRISI INC. 25344
DBA CAROLINA MOUNTAIN 66-1167/531
235 MILTON MASHBURN DRIVE BRANCH I
ANDREWS, NC 28901 !I
DATE
PAY\�C.
! w ' TO THE 1
ORDER OF
LGs�o DOLLARS 8 �^
, Back.
I
}
° 8 United ;
Community Bank
I Adina, Neni Grdur r ... / � -
FOR LK -

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
June 13, 2006.
CERTIFIED MAIL 70001010 0000 4620 2284
RETURN RECEIPT REQUESTED
Mr. Steve Hargis, President '
Coldwater Farms, Inc.
1199 Crantock Road
Smithfield, NC 27577
fd 1 ° 2006
�I
"/,`,T LA wUALITY SECTION
nErICi IAL OFFICE
Subject: Assessment of Civil Penalty for Violations of Reporting Requirements
NPDES Permit NCO079090
Coldwater Farms, Inc.
Case Number LR-2006-0016
Graham County
Dear Mr. Hargis:
This letter transmits notice of a civil penalty assessed against Coldwater Farms, Inc. in the amount of
$1100.00 ($1000.00 civil penalty + $100-.00 in enforcement costs).
This assessment is based upon the following facts: the March 2005, June 2005 and March 2006 discharge
monitoring reports were not filed with the Division of Water Quality within the thirty (30) day reporting
period in accordance with the monitoring and reporting requirements contained in your NPDES permit. .
A Notice of Violation was sent to you dated August 23, 2005 (received by you on August 26, 2005 at
4:01 P.M.), for failure to submit the March 2005 and June 2005 discharge monitoring report. Within said
Notice, you were informed that future reports not received within the required timeframe would result in a
recommendation for assessment of civil penalties. As of the date of this document, DWQ has not
received the March 2006 DMR.
Based upon the above facts, I con clude.as a matter of law that Coldwater Farms, Inc. violated or failed to
act in accordance with the requirements of NPDES Permit NCO083887 and G.S. 143-215.65'. A civil
penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file,
submit, or make available any documents, data, or reports required by G.S. 143-215.65. The State's
enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a)(9) and G.S. 143-
282.1(b)(8).
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury St., Raleigh, North Carolina 27604 One
Phone: [phone] / FAX [phone] / Internet:: h2o.enr.state.nc.us NorthCay+rolliina
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper

Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to
me by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I hereby make the following civil penalty assessment against Coldwater
Farms, Inc.:
$ $1000.00 for failing to submit the March 2006 Discharge Monitoring Report as
required by NPDES Permit NC0083887 and G.S. 143-215.65.
$ $100.00 Investigation Costs
$ $1100.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in detennining the amount of the penalty, I have taken into account the
Findings of Facts and Conclusions of Law and have considered each and every specific factor set out in G.S.
14313-282.1(b), which are
(1) The degree and extent of harm to the natural resources of the State, to public health, or to private
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on the ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and .
Natural Resources (do not include waiver form). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request.
A request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of

any of the statements contained in the assessment letter. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by
a waiver of your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office the attached
waiver and stipulation form and a detailed statement which you believe establishes
whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. 1 (b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
= Please submit this information to the, attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission must be
submitted in writing. The Director of the Division of Water Quality will review the
information during a bimonthly enforcement conference and inform you of his decision
in the matter of the remission request. His response will provide details regarding case
status, directions for payment and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on. Civil Penalty Remissions.
Please be advised that the Committee cannot consider information that was'not part of the
original remission request considered by the Director, and therefore, it is very important
that you prepare a complete and thorough statement in support of your request for
remission.
3. Submit a written request for an administrative hearing:
If you wish to Contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes.. You must:
File your original petition with the -
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within the days as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised
that additional assessments may be levied for violations that occur after the review period of this
assessment.
If you have any questions concerning this matter, please contact Mr. Bob Guerra at [phone],
extension 539.
Sincerely, �,SLupervisor
��Susan A. Wilson, PE
Western NPDES Program
cc: ARO_ Surface Water Protection w/attach_ments
Enforcement File w/attachments
Central Files w/attachments
Howard Brown w / Attachments / DMR reporting Forms
Snowbird Trout Farm
235 Milton Mashburn Drive
Andrews, NC 28901

STATE OF NORTH CAROLINA
COUNTY OF GRAHAM
IN THE MATTER OF.ASSESSMENT
OF CIVIL PENALTIES AGAINST
COLDWATER FARMS, INC.
NPDES PERMIT NCO079090
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LR-2006-0016
Having been assessed civil penalties totaling $1100.00 for violation(s) asset forth in the
assessment document of the Division of Water Quality dated June 1, 2006, the undersigned, desiring
to 'seek remission of the civil penalties, does hereby waive the right to an administrative hearing in
the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt
of the notice of assessment. No new evidence in support of a remission request will be allowed after
30 days from the receipt of the notice of assessment.
This the day of , 200_.
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LR-2006-0016 County: Graham
Assessed Party: Coldwater Farms, Inc.
Permit Number: NC0079090 Amount Assessed: $1,100.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Right to an Administrative Hearin. and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request. and are necessary for the Director to consider in evaluating
your request for remission. Please be awarethat a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for'
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a -civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to, your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages- as needed).
(a) ' one or more of the civil penalty assessment factors in N.C.G.S. 143B-2.82.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are fisted in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
_ (c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

DIVISION Ol .. ATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Coldwater Farms, Inc.
County: Graham
Case Number: LR-2006-0016
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
6jrJV-vows► - p6!6A,4,s& No PaAo/LT uVAS 5u13Mj77F-!)
2) The duration and gravity of the violation;
2 M�NtY{ 1UoN— f1�-�Po2Tr��
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
P95.511 r' Lb AA-01Ji5y 5/k,Je-o ay No i 5A-A-Pc.c ^J5
6) Whether the violation was committed willfully or intentionally;
([/.SIf- /,lD"iA►
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
Repm -j-b G, %ja, P&4" - o9 c.uo-&1,J; 447-i,9 AJ
8) The cost to the State of the enforcement procedures.
6 t3 0 lVj L
ate usan A. Wilson, P.E., Supervisor
Western NPDES Program

• WATE .-
0�9 Michael F. Easley
O� Q. Governor
William G. Ross, Jr., Secretary
>_ : North Carolina Department of Environment and Natural Resources .
Y Alan W. Klimek, P.E., Director
Division of Water Quality
August 23, 2005
CERTIFIED MAIL 70030500000268144240
RETURN RECEIPT REQUESTED
Mr. Steve Hargis, President
Coldwater Farms, Inc.
1199 Crantock Road
Smithfield, North Carolina 27577
Subject: NOTICE OF VIOLATION
Coldwater Farms, Inc
NPDES Permit NCO079090
Graham County
NOV-2005-LR-0069
NOV-2005-LR-0070
Dear Mr. Garver:
This is to inform you that the Division of Water Quality has not received your quarterly
monitoring reports for March 2005 and June 2005. These two instances of non -submittal of a required
monitoring report are in violation of Part II, Condition D(2) of the NPDES permit, as well as 15A NCAC
2B .506(a), which requires the submittal of Discharge Monitoring Reports (DMR) no later than the
thirtieth (30'') day following the reporting period. Failure to submit reports as required will subject the
violator to the' assessment of a civil penalty of up to $25,000 per violation.
If within the next twelve (12) months future reports are not received within the required time
frame, you will be assessed $500.00. Additional violations within a twelve .(12) month period will double
the penalty for each violation. The Division must take these steps because timely submittal of discharge
monitoring reports is essential to the efficient operation of our water quality programs.
An enforcement case LR-2005-0030 has been entered to track further non-compliance with Late
DMR submittals and to initiate possible fines for further non -submittal of DMRs. You will be considered
noncompliant with the self -monitoring requirements of your ' NPDES permit until the report has been
submitted.
To prevent* further action, please submit reports from March 2005 and June 2005 to Robert
Guerra at the address shown below, within fifteen (15) days of receipt of this notice. We appreciate your
assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports,
please contact Robert Guerra at 919-733-5083, extension 539.
Sincerely,
Robert Guerra
Western NPDES Unit
cc: DWQ Asheville Regional Office Supervisor
Central Files
No°C Carolin
�tura!!r�
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us 512 N. Salisbury St Raleigh, NC 27604 FAX [phone]
An Eaual O000rtunitvlAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

EFFLUENT
DWQ Form MR-1 (11/04)

F ty Status: (Please check one of the followh
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public 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.
If the facility is noncompliant, please attach a list of corrective actions being taken and a -time -table for
improvements to be made as required by Part II.E.6 of the NPDES permit.
"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 managed 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 r submitting false information, including the possibility of
fines and imprisonment for knowing violations."
Permittee (Please print or type)
Signature of Permittee*** Date
(Required unless submitted electronically)
Permittee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory (2) Certification No.
Certified Laboratory (3) Certification No.
Certified Laboratory (4) Certification No.
Certified Laboratory (5) Certification No.
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit at [phone] or by visiting the Surface
Water Protection Section's web site at h2o.enr.state.nc.us/was and linking to the unit's information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the pemuttee, then the delegation of the signatory authority must be on
file with the state per 15A NCAC 213 .0506(b)(2)(D).
Page 2

Directions for ComuletinL Monthly Discharge Monitoring Reports
(Forms MR-1, MR-1.1, MR-2 & MR-3)
I: Facility Information
1., NPDES Permit No. Operator In Responsible_ Charge
2. Discharge No. Grade
3. Facility Name Certified Laboratory
4. Class Person(s) Collecting Samples
5. County Signature Of Operator In Responsible Charge
II: Data Reporting
1. Operator Arrival Time Units of Measurement
2. Operator Time On Site Additional Parameters
3. ORC On Site? Average, Maximum, Minimum
4. Data Sample Type
5. Flow Monthly Limit
6. Parameter Codes
III: Facility Status Information
1. Status Information
2. Signature of Permittee
IV: Stream Monitoring Information
1. Stream
2. Location
V: General
1. Submitting Reports Calculations
2. Appearance Enforcement
3. Order of Report Forms Number of Reports
4. Multiple Submittals Permits for Other Program Areas,
5. Toxicity Reporting Corrected or Amended Reports
6. Contacts
I. -Facility Information
1. NPDES Permit No. - Number issued by the Division of Water Quality consisting of the
letters "NC" followed by a seven digit number. Information from non -discharge facilities
should not be reported on the MR series of forms.
2. Discharge No. - Three -digit number which corresponds to the effluent pipe for which
the data are being reported (i.e., 001, 002, 003, etc.). Numbers are found within the.
NPDES permit.
3. Facility Name - Name of the facility as it appears on the NPDES permit.

4. Class - The class of the facility as designated by the Water Pollution Control System
Operators Certification Commission. The rating will be either 0, I,11, III or IV. You
should enter the water quality classification of the receiving stream in this space.
5. County - County in which the discharge outfall is located.
6. Operator In Responsible Charge -The printed name of the certified WWTP operator
designated as operator in responsible charge. Unrated (class 0) facilities do not require an
operator in responsible charge.
7. Grade - Certificate grade of the operator in responsible charge as awarded by the Water
Pollution Control System Operators Certification Commission.
8. Certified Laboratory - Name of the certified laboratory (-ies) performing analyses (if
applicable).
9. Person(s) Collecting Samples -_Printed name of the individual who collected the
sample for which the data was reported. In the case of several individuals, please specify
as a group name, such as 'operators" or "staff," etc.
10. Signature Of Operator In Responsible Charge- Dated signature of the operator in
responsible charge. Each month's report must include an original signature in ink. Copies
are not acceptable.
H.'Data Reporting
1. Operator Arrival Time -Record the time of arrival of a certified operator using a 2400
clock value. If the facility is staffed by operators 24 hours a day, record the arrival time
of the lst shift operator.
2. Operator Time On Site - Record the number of hours spent by certified operators at the
facility. If the facility is staffed. on all three shifts, enter "24." If more than one operator is
on duty at the same time, this value is not the sum of all hours worked by the operators,
but the total number of hours the facility was staffed.
3. ORC On Site? - Record yes (Y) or no (N) as to whether the designated ORC visited the
site on that date. If the designated backup operator served as ORC on a particular day,
record'B" in this column for that date. It is also appropriate to record "H" in the cell if
the date is a legal holiday.
4. Data - Enter the analytical results for each sample under the appropriate parameter ..
code in the row that corresponds to the day, upon which the sample was taken. Please note
that Flow should always be reported as a decimal number (do not use scientific notation)
in units of millions of gallons per day (MGD), unless the permit states otherwise.

5. Parameter Codes - Codes for the more commonly monitored parameters can be found
on the back of form MR-1 or MR-1.1. A complete list of parameter codes can be found
on the NPDES website.
6. Units of Measurement - All data values must be accompanied by corresponding units
of measurement, noted at the top of the data column for the particular parameter. If your
permit contains a numeric limit for any parameter, then the reporting units must be the
same units of measurement of that limit. If your reporting units are other than those on
the pre-printed form, the printed units should be marked out and the -reporting units be
clearly designated at the top 'of the column.
7. Additional Parameters -Enter the appropriate -
.parameter code, name of the parameter
and units of measurement in the space provided.
8. Average, Maximum, Minimum - Enter the average,_ maximum and minimum values for
the results recorded in the data column. Please note no average is to be calculated for pH.
Any average for Fecal Coliform is to be calculated as a geometric mean. If you are
uncertain about how to calculate the geometric mean, please contact your local DWQ
Regional Office or a member of the NPDES Compliance/Enforcement Unit staff at (919)
733-5083. If only one value is reported for a parameter during the reporting month, that
value should be reported as the average, maximum and minimum.
9. Sample Type - Enter the sample description in each column for which data is being
reported. Enter the letter "C" for composite or the letter "G" for grab.
10. Monthly Limit - Enter the monthly limit for each parameter as found in the current
NPDES permit, Special Order by Consent or Judicial Order by Consent.
III. Facility Status Information
1. Facility Status - Mark the appropriate box to show whether facility was compliant or
noncompliant with regard to permit, SOC or JOC requirements. If noncompliant, use the
comment section to explain in detail the course of action taken or to be taken to achieve
compliance. .
2. Signature of Permittee - Record the name of the. permittee or his or her authorized
agent (printed or typed), the dated signature of that person and a mailing address and
phone number at which he or she may be reached during working hours. If someone other
than the permittee is to be the signatory, the requirement noted by the double asterisk
must be met. Also record the expiration date of the current permit in this section.
While this is not on the form, you may also wish to provide an e-mail address in this
space that canprovide the Division with another avenue of communication.
IV. Stream Monitoring Information

1. Stream - Name of the stream from which the upstream or downstream monitoring
samples are taken.
2. Location - Location of the site on the stream from which the sample was taken. This
may be recorded as a distance (e.g. "100 feet upstream of outfall") or a specific location
(e.g. "S.R. 1111
V. General
1. Submitting Reports - An original and one copy of each month's monitoring report is
required to be submitted to the Division of Water Quality's Central Files office (address
listed on form MR-1) and must be received by.the Division within thirty (30) days after
the end of the month for which the report is made.
2. Appearance - Forms must be completed in ink. Please -make all entries on forms
legible. All information other than signatures must be printed or typed. If you fill out
forms by hand, please make sure the originals are completed in ink and that all entries are
legible. Copies of the original report must also be readable and must include a
reproduction of the backside of the effluent reporting form containing the permittee's
certification. If you utilize a computer -generated report, you must also ensure that the
report is legible and that proper copies are made. DWQ will notify if you are the user of
a form that is -deemed deficient and will advise you of what modifications need to be
made.
3. Calculations
(a) Averages. All averages are to be calculated as the arithmetic mean of the
recorded values with the exception of that of Fecal Coliform, which is to be
calculated as a geometric mean. If you are uncertain about how to calculate the
geometric mean, please contact your local DWQ Regional Office or a member of
the NPDES Compliance/Enforcement Unit staff at [phone].
(b) Use of "less than" values. For calculation purposes only, recorded values of'
less than a detectable limit (< #.##) may be considered to equal zero (0) for all
parameters except Fecal Coliform, for which values of "less than" may be
considered to be equal to one (1). Values of results which are less than a
detectable limit should be reported in the daily cells using the "less than" symbol
(<) and the detectable limit used during the testing (or the value with appropriate
unit conversion). Please note there is never a case when an average would need to
be recorded along with a "less than" symbol.
(c) Use of "greater than" values. Such values are only expected (and then only
infrequently) in the reporting of Fecal Coliform and BOD. If a "greater than"
value is reported, the numeric portion of the value should be sufficiently high so
as to make the facility aware of the extent of any problems with treatment
efficiency. Upon receipt of "greater than" testing results, a facility should consult
its laboratory to see if changes in testing procedure need to be made in order to

get discreet values from the'analysis. For calculation purposes only, the numeric
portion of the value must be -used to calculate either an arithmetic or geometric
mean.
4. Enforcement - Failure to comply with any of the requirements listed above may result
in the facility being issued a Notice of Violation or being subject to other appropriate
enforcement action.
5. Order of Report Forms-DMR submittals typically include the results of monitoring,of
the facility's effluent, its influent and its receiving stream. It is requested that for any
DMR, the report be bound with the Effluent page(s) (DWQ form MR-1 or MR-1.1) on
top, followed by the Influent page (form MR-2, if influent monitoring is required) and
finally the Upstream/Downstream page (form MR-3).
6. Number of Reports -You are required to submit the original and one copy of the report
to DWQ. Each copy should be -a discreet report for the month, put together in the order
described above.
7. Multiple Submittals -School systems and contract operations, please take note of this
request. If you submit reports for multiple permits within one mailing, please bind
together the submittals (original and one copy) for the various facilities. Please do not
segregate the reports into any other type of organization (e.g., binding together all
effluent or stream monitoring pages). To do so will cause reports to be taken apart and
placed together properly, which slows processing and introduces opportunity for mistakes
to be made. If you send many DMRs in one envelope, it is advisable that you send -a
summary sheet along with the DMRs that lists what reports are contained in the package.
8. Permits for Other Program Areas -Please note that this discussion pertains to submittal
of DMRs required of NPDES permittees (point source discharge pipes to streams). You
may have permits for activities in other program areas such as DWQ's non discharge
program (wastewater spray irrigation or land application of residuals) or the Division of
Environmental Health's public water supply program (drinking water). Please consult
those permits for instructions for their submittal. It is not advisable to submit any other
reports along with your DMR submittals.
9. Toxicity Reporting -Some permittees will have monitoring requirements for Toxicity
within their pen -nits. Please be aware that this parameter has a dual reporting requirement.
Results of toxicity testing should be reported on DMR forms, but the toxicity testing
results forms must be submitted to the Aquatic Toxicity Unit at the address listed below.
Aquatic Toxicology Unit
DWQ Environmental Sciences Branch
1621 Mail Service Center Raleigh, NC 27699-1621

10. Corrected or Amended Reports -In the event that you omit or erroneously report data
on a DMR, the information should be updated with the submittal of an amended report.
To best handle the amended data, the following procedure is recommended:
1. Regenerate or make a copy from your files of the DMR previously submitted to
DWQ.
2. Make. changes to the individual data points on'the form, including updated
summary information.
3. Initial and highlight changes to the original submittal.
4. At the top of the reporting page, write very conspicuously: "Amended Report" or
"Corrected Report."
5. Provide a short cover page describing the changes to the DMR or note changes in
the comment area on the back of the MR-1 form:
Use of this procedure will be a great help to DWQ's data entry staff. Without
specifically identifying changes on the DMR, each data point must be evaluated
between the original and amended reports to ensure the values in our database are
correct. Calling attention to just those values that are changed both speeds up our
processes and decreases the possibility for errors to be made.
11. Contacts-DWQ deals with a tremendous number of permitted entities that may be
experiencing their own changes involving administration and personnel. In dealing with
NPDES permit matters, DWQ must deal with only one representative of the permitted
_ facility (someone with authorityto see that changes are. made at the facility if they are
necessary) in order to be effective. You are encouraged to keep DWQ informed of any
updates as to the person responsible for the permit, addresses or phone numbers in order
to facilitate the best possible communication between our two organizations. This can be
done by sending an e-mail to our Unit or by using the back of the MR-1 form under the.
permittee certification section. Regulations regarding who may be deemed responsible
for a permit and who may sign as the "permittee" on the DMR can be found
(respectively) in the North Carolina Administrative Code in sections 15A NCAC 2H
.106(e) and 15A NCAC 2B .0506 (b)(2).

DNIR Calculations
Averages
Data "averages" recorded on DMRs should produce the arithmetic mean for all
parameters with the exception of Fecal Coliform. The average for Fecal Coliform should
be calculated as the geometric mean of the values.
Arithmetic Mean
This is the simple, common averaging of a series of numbers. You add a group of
numbers together to get the sum. Then you divide the sum by the number of values you
added to get the sum. The result is the arithmetic mean or average of the series of
numbers.
Example:
5.30
6.21
4.00
5.25
+ 8.72
29.48
29.48 / 5 = 5.896 (round off to 5.90 = average)
This calculation is used for averaging of all parameters except for Fecal Coliform (code
number 31616).
Geometric Mean
There are two ways to go about calculating the geometric mean. The two procedures are
really just different ways of doing the same thing and either way yields the same result,
but both require the use of a scientific calculator. Calculators adequate for performing
such operations as the geometric mean can probably be purchased for less than $15.00.
With the calculator, follow these steps:
PROCEDURE 1 (we think this is the easier of the two)
1. Multiply all the data values together.

2. Take the "nth" root of the product of the multiplication, where "n" is the
number of values multiplied. In other words, if you multiply 4 values and
get a result, take the 4th root of the product. This is the geometric mean.
To do this on the calculator, get the product of multiplication, then press
(1) the MW' key, (2) the "yx" key, and (3) the "nth" root number.
Labeling of keys and functions will vary with different brands of
calculators. Consult your calculator's user's manual for the specific
procedure to perform these functions.
Example: (Using as data the numbers: 50, 100,150 and 200)
50 x 100 x 150 x 200=150,000,000 (1.5x108) .
4th root of 150,000,000 =111 (rounded from 110.66819 - value on
calculator)
use only whole numbers -when reporting fecal coliform back to top
PROCEDURE 2
1. Add together the base 10 logarithms for the data values:
2. Divide the sum by the number of values added.
3. Take the antilog of the result of step 2. This will again be the geometric
mean.
To do this on the calculator, key the data value and press the "log" key.
Then press "+" and repeat for all values. After the last logarithm is
entered, press "=" to get the sum. Divide by the number of values that
were added. Press the "INV"key and then press the "log" key.
Example: (again, using 50, 100, 150 and 200 as data values)
Base 10 logarithm of: 50 is 1.69897
100 is 2.0
150 is 2.1760913
200 is + 2.30103
Sum = 8.1760913
8.1760613 / 4 = 2.0440228

Antilog of 2.0440228 =111 (rounded from 110.66819 - value on
calculator)
* Calculation may be performed in the same manner (although calculation
values will be different) using natural logarithms (lnx).
Use of "Less Than" Values
Complications may arise in calculations when dealing with testing results showing values
of less than a minimum detection level for the testing method. 'Current Division policy
gives permittees the benefit of doubt all the way to the lowest levels when performing
calculations using such "less than" values. When calculating an arithmetic mean, you
may consider a "less than" value as equal to zero. For the calculation of a geometric
mean, a "less thanvalue may be considered to be equal to one. Remember, this
procedure pertains only to the calculation of an average. You must report individual data
values on the DMR exactly as reported to you by your laboratory. If you are doing
calculations with "less than" (<) values, here is how they should be handled:
a) Calculating an arithmetic mean
In calculating the arithmetic mean, "less than" values may be considered
to equal zero (0). If all results for a particular parameter during the month
are "less than," the average for the month would be zero. The maximum
and minimum, however, should be recorded as the "less than" values.
Example: (using 10, 15, 20 and <5 as data values)
10
15
NO]
+ 0 (<5)
45
45 / 4 =11.25 (round off to 11
b) Calculating a geometric mean
In calculating the geometric mean, all "less than" values may be
considered to equal one (1). This is due to the nature of the calculation;
zeros may not be used in the, calculation of the geometric mean. If all
testing results for Fecal Coliform during a particular month came back as
"less than" values, the geometric mean for the month would.be one (1).

The maximum and minimum for the month, however, should be recorded
as the "less than" values.
Example: (using Procedure 1 noted above and 10, 15, 20 and <5 as data)
10
15
20
x 1 (<5)
3000
4th root of 3000 = 7.400828 (record on DNM as 7) -
If these procedures are followed, there is never an instance when a "less than" value
should be reported as a monthly average. Using these procedures, a discreet value can
always be obtained for either the arithmetic or geometric mean. We (the compliance
staff) realize that this policy does not necessarily represent good chemistry, but it allows
for a standard practice in dealing with this type of data.
Please note that it is a requirement of your permit that you utilize testing methods that can
evaluate the discharge to levels low enough so as to demonstrate compliance with permit
limits. For example, if you are required to monitor for a parameter.with a limit of 50 in
g/L, you must utilize a test that can analyze to at least that level. If current laboratory
technology will not allow for a parameter to be analyzed to the permit limit, you must
utilize the best available method for that parameter. If the analyses using that method
show no detection of the parameter in question, you will be considered in compliance.
Questions regarding laboratory methods and practices can be answered by the staff of the
Division of Water Quality's Laboratory Section, by calling [phone].
Use of "Greater Than" Values
Such values are only expected (infrequently) in the reporting of Fecal Coliform and (even
less frequently) BOD. It is a violation of reporting rules to report a Fecal Coliform value
of "Too Numerous To Count" (TNTC). For fecal coliform; "greater than" (> ##,###)
values denote at least one, and possibly all volumes of the evaluated sample yielded
-results outside the method range for accurate counting of the colonies of bacteria (or
TNTC). Laboratories should perform enough dilutions to the sample to produce a discreet
number as the result of testing. If a "greater than" value is reported, the numeric portion
of the value should be sufficiently high so as to make the facility aware of the extent of
any problems with disinfection.

For both fecal coliform and BOD, the generation of a "greater than" value usually occurs
when characteristics of the effluent differ from what is normally discharged. If .
laboratories "set up" the test procedures based upon normal, conditions, they may not .
have the capacity to get an accurate measurement of higher fecal coliform or BOD
concentrations, hence the reported "greater than" value. If you are suspicious or aware of
conditions at your plant that cause you to believe effluent pollutant concentrations are
beyond their normal levels, you should inform your laboratory of your concern so
modifications to testing procedures can be made.
For calculation purposes only, when you report a "greater than" value, the numeric
portion of the value must be used to calculate the average (arithmetic or geometric mean).
The actual result of testing must be reported in the daily cell on the DMR.
Conversion from mg/L to lbs/day
Some permits have parameters limited in units of pounds per day (lbs/day). Laboratories
report the concentrations (such as mg/L) of sample characteristics as a result of testing.
They -cannot report the daily load in lbs/day because that total is dependant upon the
amount of flow carrying a known concentration. But if the concentration of a pollutant
and the daily flow from the facility are known, the daily load in lbs/day can be calculated:
Multiply the concentration (in mg/L) x daily flow (in MGD) x 8.34 (a constant).
This formula will yield the result in units of lbs/day. You must be certain to use
data values with the noted units of measurement to get the proper result from this
particular formula. Other units of measurement (like m g/L or GPD) may be used,
but you will need to modify the constant (which is a composite number
representing all the unit conversions).

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To: Bob Guerra
Subject: Lab Report
I am sorry this is late again. I have been waiting as close to the end of the
period as I can to take the sample. However, I have had two problems. One
is that I can only take my sample to the lab on Mondays. And two is that
during this past winter it was raining almost every weekend and on Monday
the water would be muddy, in which case the results would be meaningless..
From now on I will begin at least a month earlier trying to get a good
sample so that I can get the results to you on time.
Sincerely,
Howard Brown
rl 1
MAY Z 2
DEINT 44A • 1 t.,i I.-�

Narneand Address of Faciffidy-
Howard Brown
Sambird Trout Faffn
235, Mftn Mashbum Drive
Andrews, NC 28901
Eat Environmental Services
MidwMadd
75.•Bison, Lane
:Meshy-WC'2W6
Rolbinsvft Lab (8M 479-6428
Madison County Lab (M) 0119-9280
Residence (SM W-9543 ,
00 790qO
-7—
Date: W152M
Sampfe Collector. AH
Date and Tune 'S!mple Received. 411 OrM 2:22PM
Date and Time Samplis ColfecW 410120M 15G PM
Date and Tme Saralge.Anoped: < MHT
Influent
Effluent
Report Limit
Method
Units
HOD
;TAL
2.0
SM5210B
mg/L
0 SUSPENDED RESIDUE
4
1.0
SM2540D
mg/L
FECAL COLIFORM
I
I
SM9222D
per I 00ml
PH
044
SM4500H+
Units
MMONIANITROGEN
< 0.5
0.5
SM4600MH3F
mg/L
NO2+NO3-N
< 0.100
SCA
mg/L
TOTAL NITROGEN, KJELDAHL
0.248
SCA
mg/L
TOTAL'PHOSPHOROUS
0.130
'SCA
M91L
PO4
0.008
SCA
mg/L
TURBIDITY
1.0
SM2130B
NTU
TOTAL DISSOLVED RESIDUE @180 C
1.0
SM2540C
mg/L
sETTLFABLERESIDUE
0.1
SM254OF
MI/L
SPECIFIC CONDUCTANCE
10
SM2510B
umhoslcm
TOTAL CHLORINE RESIDUAL
SM4500CIG
mg/L
TEUPERATURE
SM2550B
deg. C
AMED LIQUOR SUPSPENDED SOLIDS
1.0
NIA
mg/L
BABAS
SCA
mg/L
CYANIDE'TOTAL
SCA
mg/L
CADMIUM
SCA
mg/L
CHROMRM
SCA
-ma
COPPER
SCA
mg/L
LEAD
SCA
M91L
NICKEL
SCA
mg/L
ZINC
SCA
mg/L
SILVEP.
SCA
mg[L
IRON
SCA
mg/L
ALUMINUM
SCA
mg/L
ARSENIC
SCA
mg-l-L
SELENIUM
-SCA
m IL
MOLYBDENUM
SCA
IMERCURIC
SCA
mg/L
MC 7- 1'_aboratmy,0#352
-Lab-supwwsw- Mchael J.."Ladd; EES-RobbinsvVe
Analyzed MR,
Cefftedft-

Testlerica
4310EW MftM RandOdwwk% FL 3=2'WMl-25W- Fax 407450-MM
ANALYTICAL TESTING CO&POMMON
Cfimt
T0tAMfticzAnlly".Adtc"-EE8
WorkOrdw. 0FDO168
Sampled 04J03106-MI0106
122 LYMAN STREET
pfujv& ENVIRONMENTAL ANALYSIS
RjmWed: 04/12106
ASHEVIUA3, NC 28801 ProjoetNatabon. 5769
AWL
DINAH TRAMMEL
LABORATORY REPORT
Sattaple ID. EESOM164110/06 - Lab Number: OPDO168-06 - Matrix, Water - NonPotable
CAS #
Andyto
D" Pdy,,d
Result Q units NM ML F.0- Date/rime
By Method Batch
........ .............
------------------------------ --------------------------------------------------------
--
E755M
MrshylewlUmAd6vSubdances ols mg& 0.0530 6.100 1 04/12(06 14.00
BDG SM5540C 6D12029
metals
744040.8
Copper
0.0356 agJL 0.0" 0.0100 1 04113106 21:09
AXC EPA 20D.7 012025
74446"
Zhic
0Aas MZIL 0.0235 0.0500 I 04f13f06 21-09
AXC EPA 20D.7 6DI2025
Me" - COUL
7440-224
sbw
0A002w I mg/L 0.000011 0 00(X" 1 0&15106 07.09
EKH EPA 200 9 8189
LABORATORY REPORT
Sample Ilk EES#0406194/4106 - Lab Number. 0FDO16W - Matrix. Water - NonPotable
Dil
CAS #
Analyft
--------------- -----------------------------------------------------------------------------------------
Result Q units NML PQL FaCW DWri,,
-------------------------------
BY Method Batch
-
Mtxab
7429-90-5
/- Abmhwm
8.562 mg/L 0,060 0.0500 I 04113106 2D.22
AXC EPA 200.7 6D12025
74394"
if"
MvL 0.0390 0.0500 I 0.4113t06 20:22
AXC EPA 200.7. 6DIM.
LABORATORY REPORT
Stemple W- EES#0406294/10106 - Lab Number OPD016M - Mdft Water. Nsufttable
Dil
Andynd
CAS#
Analytc
Result Q units
MUL
FQL
Fact-
Datc/Tune
By
Method
. Batch
--------- I ---------------------------------------------------
Parameters
------------
7 -----------------------------------------------------
HA
XbraftAftrUe $MR
0AW I MOL
0,0500
0.1.00
1
ovow 12o0
w
WA35-42
019M
14265442 0ydwpbusphzk*sP
Q M10L
.0.00360
0.006D0
i
oving; vas
AKA
HPA365.2
6D12014
H1644079
Tidd EN&M Nftmg-
0" My/L
0.0540
0.100
1
04171106 10;36
$0
EPA 351.2
6D21044
Tn3-14.0
phosphorus
0.130 mg/L
0.0360
0.100
10
04MY06 16:110
M[M
EPA3652
6=18
TestAmwim An*"- Orlando
Juffith& Beato
Project Manager
Page 3 of 6

Michael F. Easley
Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 23, 2005
CERTIFIED MAIL 70030500000268144240
RETURN RECEIPT REQUESTED
Mr. Steve Hargis, President
Coldwater Farms, Inc.
1199 Crantock Road
Smithfield, North Carolina 27577
Dear Mr. Garver:
Alan W. Klimek, P.E., Director
Division of Water Quality__
AUG 2 4 2005
I I
vvATEr, cu�iry s�--� �
ECTIO�l
-ICE
Subject: Subject: NOTICE OF VIOLATION
Coldwater Farms, Inc
NPDES Permit NCO079090
Graham County
NOV-2005-LR-0069
NOV-2005-LR-0070
This is to inform you that the Division of Water Quality has not received your quarterly
monitoring reports for March 2005 and June 2005. These two instances of non -submittal of a required
monitoring report are in violation of Part II, Condition D(2) of the NPDES permit, as well as 15A NCAC
2B .506(a), which requires the submittal of Discharge Monitoring Reports (DMR) no later than the
thirtieth (30th) day following the reporting period. Failure to submit reports as required will subject the
violator to the assessment of a civil penalty of up to $25,000 per violation.
If within the next twelve (12) months future reports are not received within the required time
frame, you will be assessed $500.00. Additional violations within a twelve (12) month period will double
the penalty for each violation. The Division must take these steps because timely submittal of discharge
monitoring reports is essential to the efficient operation of our water quality programs.
An enforcement case LR-2005-0030 has been entered to track further non-compliance with Late
DMR submittals and to initiate possible fines for further non -submittal of DMRs. You will be considered
noncompliant with the self -monitoring requirements of your NPDES permit until the report has been
submitted.
To prevent further action, please submit reports from March 2005 and June 2005 to Robert
Guerra at the address shown below, within fifteen (15) days of receipt of this notice. We appreciate your
assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports,
please contact Robert Guerra at 919-733-5083, extension 539.
Sincerely
/ y�aA
Robert Guerra
Western NPDES Unit
cc: DWQ=Asheville Regioal-6ffice-Supervisor--'
Central Files
Ne Carolina
oNturallY
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality,
Governor
March 13, 2006
CERTIFIED MAIL 70001010 0000 4620 2178
RETURN RECEIPT REQUESTED
William G. Ross, Jr., Secretary
Ala Klimek,-P.E., Director
I i
5 n6
Mr. Steve Hargis, President WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Coldwater Farms, Inc. — --- --.Y
1199 Crantock Road
Smithfield, NC 27577
Subject: Assessment of Civil Penalty for Violations of Reporting Requirements
NPDES Permit N00079090
Coldwater Farms, Inc.
Case Number LR-2006-0008
Graham County
Dear Mr. Hargis:
This letter transmits notice of a civil penalty assessed against Coldwater Farms, Inc. in the
amount of $600.00 ($500.00 civil penalty+ $100.00 in enforcement costs).
This assessment is based upon the following facts: the March 2005 and June 2005 discharge
monitoring reports were not filed with the Division of Water Quality within the thirty (30) day
reporting period in accordance with the monitoring and reporting requirements contained in your
NPDES permit. A Notice of Violation was sent to you dated August 23, 2005_ (received by you
on August 26, 2005 at 4:01 P.M.), for failure to submit the March 2005 and June 2005 discharge
monitoring report. Within said Notice, you were informed that future reports 'not received within
the required timefrarrie would result in a recommendation for assessment of civil penalties. As of
the date of this document, DWQ has not received the December 2005 DMR.
Based upon the above facts, I conclude as a matter of law that'Coldwater Farms, Inc.violated or
failed to act in accordance with the requirements of NPDES Permit NC0083887 and G.S. 143-
215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a
person who fails to file, submit, or make available any documents, data, or reports required by
G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S.
143-215.3(a)(9) and G.S. 143-282.1(b)(8).
Based upon the above findings of fact and conclusions of law, and pursuant to the authority
delegated to me by the Secretary of the Department of Environment and Natural Resources and
the Director of the Division of Water Quality, I hereby make the following civil penalty
assessment against Coldwater Farms, Inc.:
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
1,
512 N. Salisbury.St., Raleigh, North Carolina 27604 N6rthCarOlina
Phone: [phone] / FAX [phone] /. Internet:: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Mr. Steve Hargis
LR-2006-0008
p• 2
$ $500.00
$ $100.00
$ $600.00
w
for tailing to submit the December Mob Discharge Monitoring
Report as required by NPDES Permit NC0083887 and G.S. 143-
215.65.
Investigation Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty, I have taken into account
the Findings of Facts and Conclusions of Law and have considered each and every specific factor
set out in G.S. 143B-282. 1 (b), which are
(1) The degree and extent of harm to the natural resources of the State, to public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on the ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (do not include waiver form). Payment of the penalty will
not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of -
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
MA

Hargis
0008
Submit a written request for remission or mitigation including a detailed
justification for such request.
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and
a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. 1 (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission
must be submitted in writing. The Director of the Division of Water Quality will
review the information during a bimonthly enforcement conference and inform
you of his decision in the matter of the remission request. His response will
provide details regarding case status, directions for payment and provision for
further appeal of the penalty to the Environmental Management Commission's
Committee on Civil Penalty Remissions. Please be advised that the Committee
cannot consider information that was not part of the original remission request
considered by the Director and therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
I

Mr. Steve Hargis
LR-2006-0008
p. 4
M
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within U111 days as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for violations that occur after the
review period of this assessment.
If you have any questions concerning this matter, please contact Mr. Bob Guerra at (919)
733-5083, extension 539.
Sincerely,
'SdsSusan A. Wilson, P.E., Supervisor
Western NPDES Program
Attachments
cc: ARO Su faee WIterr otection w/attaclunents►
Enforcement File w/attachments
Central Files w/attachments

ft
'NORTH CAROLINA
N
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
COLDWATER FARMS, INC. ) STIPULATION OF FACTS
NPDES PERMIT NCO079090
FILE NO. LR-2006-0008
Having been assessed civil penalties totaling $600.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 28, 2006, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission .
of this civil penalty must be submitted to the Director of the Division of Water Quality within 30
days of receipt of the notice of assessment. No new evidence in support of a remission request will
be allowed after 30 days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
IM
200 . .

40
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LR-2006-0008 County: Graham
Assessed Party: Coldwater Farms, Inc.
Permit Number: NC0079090 Amount Assessed: $600.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not. the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator, promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

Michael F. Easley, Governor
> William G. Ross. Jr., Secretary
North Carolina Departmen_ _.=nvironment and Natural. Resources
r Ala W.jlim I P.E. Di ector
—I DivionWa o,ter uality�
c --,...�
Asheville Regional Office
SURFACE WATER PROTECTION
November 22, 2005
Steve Hargis
Coldwater Farms, Inc.
1199 Crantock Rd
Smithfield. NC 27577
SUBJECT: Compliance Evaluation Inspection
Coldwater Trout Farm
Permit No: NCO079090
Graham County
Dear Mr.. Hargis:
Enclosed please. find. a copy of the. Compliance Evaluation Inspection Report for
the inspection, which Larry. Frost and. I conducted at the facility on November 18. 2005.
The facility was found to be in Compliance with permit NC0079090.
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.
Sincer,
Keith. Haynet
Environmental. Specialist
Enclosure
cc: Central Files
qs hi -&i& 'les
One
N"o�atura!!JCarolina
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748 w

United States Environmental Protection Agency
EPA Washington, D.C. 20460
Form Approved.
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 I NI 2 151 31 NCO079090 111 121 1lr/11/Iq 117 181 C:I 19I gl 20III
Remarks
21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -------------- ---------- Reserved ----------------------
67I 169 70I 3 I 711 I 72I_a I 731 I 174 751 I I I I I I 180
I I I
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES permit Number)
Entry Time/Date
Permit Effective Date
Coldwater Trout Farm
12:10 Phi 05/11/18
05/09/01
Snowbird Rd
Exit Time/Date
Permit Expiration Date
Robbira-uiile NC 28771
12:30 PM 05/11/18
07/11/30
Name(s) of Onsite. Rep resentative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Ste.•e Hargis,1199 Crantock Rd Snithfield NC 27577//919-631-3030/ Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Operations & Maintenance E 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
Keil:h Hayres ARC WQII , //
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards
ARC WQ/// r(/�' 1 OJ
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I NCO079090 I11 12I 05/11/18 I17 18I0I
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necess_.,,
The new owner of the trout farm has added piping for cleaning the catch basins at the end of each
race -way. The farm appeared to be in very good condition with no problems noted in the effluent.
Page # 2

E C L
11i
C�I I JUN - 9 2005
w
ASI-
Michael F. Easley, Governor
Mr. Steve Hargis, President
Coldwater Farm, Inc.
1199 Crantock Road
Smithfield, North Carolina 27577
Dear Mr. Hargis:
nt of Environment and Natural Resources
Division of Water Quality
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
i
June 8, 2005
IL
Subject: Draft NPDES Permit NCO079090
Coldwater Trout Farm
Graham County
Robbinsville, NC
Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to
ensure thorough understanding of the conditions and requirements it contains. This permit includes no major
changes from your existing NPDES permit.
Submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be
sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from
you, this permit will likely be issued in July.
If you have any questions or comments concerning this draft permit, call me at [phone], extension 539.
Sincerely,
Robert L. Guerra
Western NPDES Program
cc Asheville -Regional Office /--Surface Water Protection;
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
Nne
orthCarolina
Aahmaliff

Permit
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge
are hereby revoked. As of this permit issuance, any previously issued permit bearing
this number is no longer effective. Therefore, the exclusive authority to operate and
discharge from this facility arises under the permit conditions, requirements, terms,
and provisions included herein.
Coldwater Trout Farm Inc. is hereby authorized to:
1. Continue to operate an existing trout farm facility. The facility is located at
Coldwater Trout Farm, Snowbird Road, Robbinsville, Graham County.
2. Coldwater Trout Farm consists of settling chambers at the end of raceways and a
final settling pond.
3. Material is settled in sc�'ed leas at he to of ea 1fi ew y and transferred to 1
of 2 settling ponds/�, ppu• is./T e se tl ng �r at th tail of eacL aceway is
cleaned every 7 to/ YO days w�i n the f cihy oper mg. When ther settling pond
> /
is filled to capac2ar
dewa�t r slud is c ne feed onto p trucks and
trans orted to bs_an rd f reusa-as oil endments.
PY/, t >
4. Discharge frg& said ft`r> eht works �ntd,5note
ird Creel��lassified C-Trout
waters in the Little nn ssee River at� location pecified on the attached
ma /

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\. i'�g' otu `rd C� o �ee ,,,��(�\,1. '. ,\,`_- � � � `i . \\ !,-.. _ ^=�,. - !.� :�� �''I(< �� � •���
r/ I dian h' ' II1 r\,• \U ((� i �J(
1 \ a\`,\,���1o�l•,�• _ ��,n �?.��1��� ?'��:iJlil',•. C.r�L _iC�t Y \ ;\I�(I\
Latitude:35°18'S5" NC0079090 Facility���
Longitude: 83°51'50","'.
Quad # F3SE Location,.
Stream Class: C-Trout
Coldwater Farms Inc.
Subbasin: 040404
Receiving Stream: Snowbird Creek SCALE 1 :24000
North

Permit I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -DRAFT
Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated
wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below:
LIMITS .`
MONIT6RING`REQUIREMENTS
RFFLUENT77'Monthly
CHARACTEftiSTICS�
Dailp 1Vlaaumum
_Measurement
`Sample Type
Sample
Average
Frequency
Location;
E
Flow (MGD)
Quarterly
Estimate
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Quarterly
Grab
E
Settleable Matter
5.0 ml/l
10.0 ml/1
Quarterly
Grab
E
E
NH3-N
Quarterly
Grab
TKN
Quarterly
Grab
E
NO2 + NO3
Quarterly
Grab
E
Total Phosphorus
Quarterly
Grab
E
E
PO4
Quarterly
Grab
Footnotes: t j1t j 1 f�J
1. Sample Locations: E - Effluent J ! /1 I 1 t jj (J f
There shall be no discharg,�of floating'solid "r visibl `fdam i , ��6rf han tr ce ai
All samples must be colle¢te/d from aAV/' ic�l Lschargef ven . f / � �---
Waste from the producticrnjfacility shall be disposed�of pro e ly �ithrer b %land apl
another environmentallyy safe mF
ne--
Special permit conditioQn ' applil • to e su flerpe t are list d m�rthe Supple
Monitoring requireme#�t,Page. j
:es or by
ons and

Permit NC0079090.
Supplement to Effluent Limitations
And Monitoring Requirements
Special Conditions
A. (2.) PERMIT REOPENER CONDITION
Upon findings by the Division of Water Quality that impacts on the receiving stream by
the operation of this facility are sufficient to cause or contribute to violations of water
quality standards, including algal blooms of other nutrient enrichment problems in
Lake Santeetlah, this permit shall be revoked and issued or modified to require such
measures, including but not limited to additional effluent and stream monitoring,
additional fish management plan implementation, reduction of total pounds of trout
grown yearly or construction and operation of additional treatment.
A. (3.) PRODUCTION CONDITION
There shall be no additional construction for the purpose of increasing production at
this facility without prior approval by the Division.

DENR/DWQ
FACT SHEET FOR NPDES PERMIT DEVELOPMENT
NPDES Permit NCO079090
Apphcant/Facillty Name Steve Hargis /Coldwater Trout Farm
AubhcantAddress 1199 Crantock Road, Smithfield, NC 27577
a crlity Address: ='. Snowbird Road, Robbinsville, North Carolina 28771
PermitiedFlow,' No Limit
Type of:Waste - 100% Aquaculture
I Additional permits required I NC Department of Agriculture / Aquaculture Permit Number I
617. Expires December 31, 2008
NA / Renewal
Graham
Receiving Stream Snowbird Creek Reg�onal,Qffice Asheville
Stream Classification C-Trout TTSGS Topo.,Quad .:` F3SE Graham, NC
303 d),L:sted? No Permrt;Wnter Bob Guerra
Suhbasm.= 04-04-04 Date June 3, 2005
0.0 0.0
�N
SUMMARY OF FACILITY
Coldwater Trout Farms is a Trout propagation aquaculture facility located on Snowbird Road,
Robbinsville, Graham County. The facility consists of settling chambers at the end of raceways
and a final settling pond. Material is settled in screened areas at the tail of each raceway and
transferred to 1 of 2 settling ponds by pumps. The settling area at the tail of each raceway is
cleaned every 7 to 10 days when the facility is operating. When either settling pond is filled to
capacity dewatered sludge is machine loaded onto dump trucks and transported to near by farms
and gardens for reuse as soil amendments. Discharge from said treatment works into Snowbird
Creek, classified C-Trout waters in the Little Tennessee River Basin, at the location specified on
the attached map.
COMPLIANCE SUMMARY:
This facility remained in compliance with all effluent limitations for the past four years (1999
through 2004). No reasonable potential analyses (RPA) were required. Monitoring has been on a
quarterly basis with TSS and Settleable solids reporting required testing
TOXICITY TESTING:
Current Requirement: None required.
Recommended Adjustment: None.
Cold Water Farms Inc. Fact Sheet
NPDES Renewal

PROPOSED CHANGES:
This facility initially operated under a General Permit NCG530077 that expired on
July 31, 1997, which covered Aquaculture operations statewide. In accordance with
the proposed permitting policy for trout farms on tributaries to Lake Santeetlah, the
permit was renewed as an individual NPDES permit NC0079090. The facility has
operated in the past under the names of "Coldwater Trout Farms" and "Wide Creek
Trout Sales". The facility is owned by Mr. Steve Hargis, Smithfield, NC and has
been and will continue to be leased to different individuals who are in the business of
trout production. The existing permit was issued to the Lessee Mr. Howard Garner
who no longer leases the property from Mr. Hargis. Mr. Hargis was required to
resubmit an application under his name and was informed of the regulations and his
role as the permit holder.
PROPOSED SCHEDULE FOR PERMIT ISSUANCE:
Draft Permit to Public Notice: June 8, 2005
Permit Scheduled to Issue: August 1, 2005
STATE CONTACT:
If you have any questions on any of the above information or on the attached permit, please
contact Bob Guerra at [phone] ext. 539.
NAME: DA
REGIONAL OFFICE COMMENTS:
NAME: DATE:
REGIONAL SUPERVISOR COMMENTS:
NAME: DATE:
NPDES SUPERVISOR COMMENTS:
NAME: DATE:
Cold Water Farms [tic. Fact Sheet
NPDES Renewal

DMR's: RE: NC0071119/Wide Creek Trou...
: Late December 2004 DMR's: RE: NC0079090/Wide Creek Trout Sales
Cantwell <Janet. Cantwell@ncmail. net>
�5 Mar 2005 09:2958 -0500
To: Bob Guerra <[e-mail]>
Hi Bob ---Re: NC0079090/Wide Creek Trout Sales:
Back on October 11, 2004, Howard Garver (828-479-6267)/Wide Creek Trout Sales requested the
"Change of Ownership" form to change it from his name to Coldwater Farms( the owner is Steve
Hargis who lives near Raleigh). Garver is no longer in business. I mailed him the form to fill out and
have the owner sign it. He said he wanted to make sure it was not in his name anymore.
On 1/13/05 I spoke with Mr. Garver: there are still no fish and no new business at the farm. Mr.
Garver said he told Steve Hargis to call us when he was ready to start the business back. He did not
have a phone number for Mr. Hargis but had an address.
On 3/8/05 I spoke with Steve Hargis, the owner of the property from whom Howard Garver was
leasing his fish farm. Mr. Hargis said Mr. Garver told him that he (Garver) did not send the change
of address form because he didn't understand it, but instead, sent a letter (to whom we do not know: it
did not come here.)
Steve Hargis wants to keep the permit (and have it reissued in his name) and would like you to send
the information and renewal form to him.
His address is: Steve Hargis/Coldwater Farms (919-934-3814)
1199 Crantock Road
Smithfield, NC 27577
Thanks! ---Janet
Bob Guerra wrote:
After reviewing the files and DMRs located in Central Files the following list reflects DMR's
which are not found in the system. If you get a chance by the end of the week, please add
comments to your respective sites. This is my first crack at this task and your input will be
invaluable towards my understanding of the sites status and your knowledge that the DEC DMR's
have or have not been submitted.
Thanks in advance for your responses.
1 of 2 3/15/2005 9:30 AM

ASHEVILLE LATE DMR
DECEMBER 2004
Inactive or Resci:
Quarterly/Annua:
_ Avery Linville Heights WWTP
Y
■ Facility in operation?
in UIMS,
None for 12-04
87751
9090
.Graham rn
"Y,. 4@reek rTrtoutl wies
Quarterly
None for 6-04 / 12-04
--
only Mar & June 2004 in files
68918
Jackson
Resources Planning
Y
■ Facility in operation?
Corporation
No 2004 DA/IR's in file
None for 1.2-04
87770
Jackson
Wade Hampton
Y
■ Facility in operation?
Horizons Estate
No 2004 DMR's in file
None for 12-04
36692
Macon
Skyline Lodge &
Z'
None for 12-04
Village WWTP
87688
Madison
Wolf Laurel
Y
No 2004 DMR's in file
None for 12-04
Commercial Park
48658
Transylvania
Sherwood Forest
Y
NOV 6-04
None for 12-04
WWTP
85979
Transylvania
Rosman Maintenance
Y
No flow reported 11/04
None for 12-04
Facility

DMR's: RE: NCO07... Wide Creek Trou...
Late December 2004 DMR's: RE: NC0079090/Wide Creek Trout Sales
iuerra <[e-mail]>
> Mar 2005 11:55:35 -0500
To: Janet Cantwell <[e-mail]>
Janet Cantwell wrote:
Hi Bob ---*Re: NC0079090/Wide Creek Trout Sales:
*Back on October 11, 2004, Howard Garver (828-479-6267)/Wide Creek Trout Sales requested
the "Change of Ownership" form to change it from his name to Coldwater Farms( the owner
is Steve Hargis who lives near Raleigh). Garver is no longer in business. I mailed him
the form to fill out and have the owner sign it. He said he wanted to make sure it was
not in his name anymore.
On 1/13/05 I spoke with Mr. Garver: there are still no fish and no new business at the
farm. Mr. Garver said he told Steve Hargis to call us when he was ready to start the
business back. He did not have a phone number for Mr. Hargis but had an address.
On 3/8/05 I spoke with Steve Hargis, the owner of the property from whom Howard Garver
was leasing his fish farm. Mr. Hargis said Mr. Garver told him that he (Garver) did
not send the change of address form because he didn't understand it, but instead, sent a
letter (to whom we do not know: it did not come here.)
Steve Hargis wants to keep the permit (and have it reissued in his name) and would like
you to send the information and renewal form to him.
His address is: Steve Hargis/Coldwater Farms (919-934-3814)
1199 Crantock Road
Smithfield, NC 27577
Thanks! ---Janet
-----------------------------------------------------------------------
Bob Guerra wrote:
After reviewing the files and DMRs located in Central Files the following list
reflects DMR's which are not found in the system. If you get a chance by the end of
the week, please add comments to your respective sites. This is my first crack at
this task and your input will be invaluable towards my understanding of the sites
status and your knowledge that the DEC DMR's have or have not been submitted.
Thanks in advance for your responses.
Janet Cantwell - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 US 70 Highway
Swannanoa, NC 28778-8211
Tel: [phone]
Fax: [phone]
Link to the DIVISION OF WATER QUALITY:
http://h2o.enr.state.nc.us/
Link to the NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES:
http://www.enr.state.nc.us/
Thanks for the update Janet. I will be speaking with the permit holder, Mr. Hargis on
Monday, he is away for Guard Duty. He wants to keep the permit active and supposedly has
1 of 2 3/16/2005 11:42 AM

Re: Late December 2004 DMR's: RE: NC00'70nQ0/Wide Creek Trou...
leased it to someone else. When I speak with Mr. Hargis I will explain the permit
protocol and have him listed as the permittee, not the renter as has been in case
past.
I will issue him an NOV for Dec DMR with an explanation how to not violate in the
I will be visiting your office the week of March 28 and would like to visit this s--- ---
any others you might want to show me. I am looking for a variety of facilities and your
assistance would be greatly appreciated.
Bob Guerra <bob.guerra(cr�,ncmail.net>
2 of 2 3/16/2005 11:42 AM

MEMO TO THE FILE
DATE
FROM
NC DIVISION OF WATER QUALITY -WATER QUALITY SECTION

MEMO TO THE FILE
RE:
o.rE��r
FROM )Ile
NC DIVISION OF WATER QUALITY -WATER QUALITY SECTION

i
MEMO TO THE FILE
DATE l/ d
FROM
i
/UG DO �RD�a
NC DIVISION OF WATER QUALITY —WATER QUALITY SECTION

Permit # NC0079090, Wide Creek Trout Sales
Subject: Permit # NC0079090, Wide Creek Trout Sales
Date: Mon, 21 Jun 2004 14:10:53 -0400
From: Janet Cantwell <[e-mail]>
Organization: NC DENR - Asheville Regional Office
To: [e-mail]
Their permit only requires them to submit.DMRs quarterly, not monthly.
DIMS has been reporting violations monthly.
Thanks
Janet Cantwell - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 US70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Janet Cantwell <Janet.Cantwellgncmail.net>
NC DENR - Asheville Regional Office
Division of Waste Management - Solid Waste Section
1 of 1 6/21/2004 2:11 PM

Michael F. Easley
A A Governor
WCDENR William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
W /
June 15, 2004.
Howard A. Garver
Renter
442 Buchanan Branch Rd.
Robbinsville, North Carolina 28739
Subject: Receipt of permit renewal application
NPDES Permit NCO079090
Coldwater Farms Inc. WW'I"P
Graham County
Dear Mr. Garver:
The NPDES Unit received your permit renewal application on June 11, 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 pemut, please contact me at (919)
733-5083, extension 520.
cc: CENTRAL- FILES
Asheville -Regional Office/Water. Quality_Section __ ;
NPDES Unit
N. C. Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Internet: h2o.enr.state.nc.us
Sincerely,
L
Carolyn Bryant
Point Source Branch
p C�C�df
J U N 1 6 2004
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Phone: [phone] Fax: [phone]
DENR Customer Service Center: 1 800 623-7748
e-mail: [e-mail]

ow
NPDES PERMIT APPLICATION - SHORT FORM C-Manufacturing
For manufacturing or commercial facilities with a discharge: <1 MGD
N. C. Department of Environment and Natural Resources:
Division of Water Quality / NPDES Unit - -""-"- -
1617 Mail Service Center, Raleigh, NC 27699-161 l U
http://h2o.enr.state.nc.us/NPDES/ '' _•._ '—`
NPDES Permit Number
Please print or type
1. Contact Information:
Facility Name
Owner Name
Street Address
city
State / Zip Code
Telephone Number
Fax Number
e-mail Address
Operator Name
Street Address t�/�l� 13ttGN,c}nJAN %��?RAICH iQ •
City l�®t� is nr s 6t l e
State / Zip Code ®� C a 97 71
County es $4N4YY7
Telephone Number (2 ) q79 6 7
2. Location of facility producing discharger
Check here if same as above
Facility Name (If different from above)
Street Address or State Road
city
State / Zip Code 1/ �% 2 977/ '
County �ieAf/AM eo .
J!►N "1 2003
f'i?iNT ,03.;R0E IiriP`UA
3. Ownership Status: v�
Federal ElState0 L—J Private Public 0
4. Standard Industrial Classification (SIC) codes):��AGu/7`G1��
5. Number of employees:
6. Principal product(s) produced:
Principal raw material(s) consumed: (�M"'Ieo ei,9-,eu4Y_ a ,e9�
7.. Principal process(es): ✓ w r/e1 4k_?,✓ GN
Page 1 of 3
Version —08103

NPDES PERMIT APPLICATION - SHORT FORM C-Manufacturing
For manufacturing or commercial facilities with a discharge < 1 MGD
8. Amount of principal product produced or raw material consumed
(List specific amounts consumed and/or units of Droduction)
Product Produced or Raw Material
Product Produced or Raw Material
Consumed
Consumed
(AVERAGE)
(PEAK)
per Day
L
per Month
per Year
9. Check here if discharge occurs all year ©, or circle the month(s) when discharge occurs:
January February March April May June
July August September October November December
Days per week discharge occurs:
NOTE: ff the facility has separate discharge points (outfalls) or multiple. industrial processes,
include a schematic diagram of wastewater flow at the facility. .
10. Types of wastewater discharged to surface waters only
Discharge per operating month
Flow
(GALLONS PER OPERATING MONTH)
Sanitary - monthly average
Utility water, etc. - monthly average
Process water - monthly average
Monthly Average
total discharge (all types) f�"�
_��/�j DAD; vU�s%LF,/�cns�
11. List all permits, construction approvals and/or applications (check all that apply and provide permit
numbers or check none if not applicable):
Type Permit Number
Q None
Q UIC
L!� NPDES #Coo 7goelo
Q PSD
Q NESHAPS
'I'Vpe Permit Number
Q Non -Attainment
Ocean Dumping
=Dredge/Fill Permits
0 RCRA
Q Other
Page 2 of 3 Version -08/03

owl'
NPDES PERMIT APPLICATION - SNORT FORM C-Manufacturing
For manufacturing or commercial facilities with a discharge <1 MGD
12. Number of separate discharge points: 0 6nc-
13. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including
latitude and longitude):
J�AZiTc � F�
14. Do you add any chemicals that may be discharged? (Please list and explain source and
potential amounts.)
15. Is this facility located on Native American lands? (checic.one)
YES E:1 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
Signature of Applicant
Title
/ —q-e)
Date
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 -08103

1
SANTEETLAH DAM-,
`,-J
L%rrie
s
\\w
DtBe�
s�
SANTEETLAH
SL8 HWY 129
GtOe*
LAKE
Santeetlah Creek
SL7
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ate Gt�
00
5
SU 1 SL12
L
Dt00
Beech Creek
rr2,
ROBBINSVVT
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00��0t
Hooper Mill Creek
SL10
01
STEWART
FARM
SL3
�m�
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\tdDteeK
GtgeK
Squally Creek RIVERBEND
5�o,�b
SL9
0�
r�@pK5
TROUT FAR
SL2
OLDWATER
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o
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GLENNWOOD
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m
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® LAKE STATIONS
■ TRIB. STATIONS
0 1 mile Figure 1. Santee tlah Lake and Sampling Sites.
I

State of 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
Mr. Howard A. Garver
Route 1, Box 44B
Robbinsville, North Carolina 28771
Dear Mr. Garver:
Xfflz)_�awj
A�'o
NCDENFZ
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 14, 2004 o b
Subject: Notice of Renewal / Permit NC 5791
Wide Creek Trout Sales
Graham County
Your NPDES permit expires on August 31, 2004. 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 should have been received by the Division postmarked no
later than March 4, 2004. If your facility is still discharging any wastewater, this permit must be renewed. Discharge
of wastewater without a valid permit violates North Carolina General Statute 143-215.1 and could result in
assessment of 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 Bob Sledge
of the Division's Compliance Enforcement Unit at [phone], extension 547. You may also contact the
Asheville Regional Office at [phone] to begin the rescission process.
I have enclosed the renewal application form. Use it [and the checklist on the back of this letter] to prepare
your renewal package. Please mail us your response postmarked by June 4, 2004. If you have any questions,
please contact me. My telephone number, fax number and e-mail address are listed at the bottom of this page.
Sincerely,
f
Charles H. Weaver, Jr.
NPDES Unit
cc: Central Files
NsheV le Regional" Office, Water Quality Section
NPDES He
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511
VISIT US ON THE INTERNET@ http://h2o.enr.state. nc. us/NPDES [e-mail]
D E C E D V E_
M AY 2 0 2004
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
(fax) 919 733-0719

NPDES Permit NC0079090
Graham County
The following items are RE,- UIRED 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.
0 A narrative description of the sludge management plan for your facility. Describe how
sludge (or other solids) generated by your facility are handled and disposed. If your
facility has ho ' such plan (or your facility does not generate any solids), explain this in
writing. Submit one signed original and two copies.
PLEASE NOTE:
Due to a change in fees effective July 1, 1999, there is no renewal fee
required with your application package.
Send the completed renewal package to:
Charles H. Weaver, Jr.
NC DENR / Water Quality / NPDES Unit
1617 Mail Service Center _
Raleigh, NC 27699-1617

1,r
a
moo- �

Y rVAR 7- Michael F. Easley, Governor
.TQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
rAlan W. Klimek, P. E. Director
>_ Division of Water Quality
^� Coleen H. Sullins, Deputy Director
Division of Water Quality
Asheville Regional Office
WATER QUALITY SECTION
June 24, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Howard Garver
Wide Creek Trout Sales
Route 1, Box 44B
Robbinsville, North Carolins 28771
Subject: NOTICE OF VIOLATION
Permit No. NCO079090
Wide Creek Trout Sales
Graham County
Dear Mr. Garver:
A review of Wide Creek Trout Sales's monitoring report for April 2003 showed the following
violations:
Compliance Issue
Failure to submit a Discharge Monitoring Report (DMR) for the January to March 2003,
Quarter.
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in
writing to this office within 30 days of receipt of this letter. You should address the causes of non-
compliance and all actions taken to prevent the recurrence of similar situations. If you should have
any questions, please do not hesitate to contact Mr. Larry Frost at [phone].
Sincerely, ,
Forrest . Westall
Water Quality Regional Supervisor
xc: Larry Frost 4C
59 Woodfin Place Asheville, North Carolina 28801 Telephone [phone] Fax [phone] Customer Service 1-877-623-6748

0�
M
Michael F. Easley, Governor
William G. Ross Jr., Secretary
/a,�1r(�✓�1,North Carolina Department Environment and Natural Resources
Ito 2 Alan W. Klimek, P.E. Director
Division of Water Quality
3/17/2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Howard Garver
Wide Creek Trout Sales
Rt 1 Box 44B
Robbinsville NC 28771
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON PAYMENT
PERMIT NUMBER NCO079090
Wide Creek Trout Sales
Graham. COUNTY_
Dear Permittee:
Payment of the required annual administering and compliance monitoring fee of $715.00 for this year has not
been received for the subject permit. This fee is required by Title 15 North Carolina Administrative Code 2H.0105, under
the authority of North Carolina General Statutes 143-215.3(a)(1), (1 a) and (1 b). Because this fee was not fully paid within
30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 ncac 2H.0105(b) (2) (k)
(4), and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the required Annual
Administering and Compliance Monitoring Fee is received within that time. Discharges without a permit are subject to the
enforcement authority of the Division of Water Quality. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, NC 27699-1617
If you are dissatisfied with this decision, you have the right to request an administrative hearing within Thirty (30)
days following recipt of this notice, identifying the specific issues to be contended. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447. Unless such request for hearing is made or
payments received, revocation shall be final and binding. If you have any questions, please contact:
Mr. Forrest Westall, Asheville Water Quality Regional Supervisor, [phone].
cc: Supevisor, Water Quality Permits and Engineering Unit
Asheville Regional Office
County Health Department
Sincere) ,, ,
Alan W. Klimek, P.E.
1617 Mail Service Center, Raleigh, NC 27699-1617
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
50% recycled / 10% post -consumer paper

State of North Carolina.
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Division of Water Quality
WATER QUALITY SECTION
February 5, 2003
Mr. Howard Garver
Wide Creek Trout Sales
Route 1 Box 44B
Robbinsville, North Carolina 28771
Am
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Information Request
Permitting Policy for Lake Santeetlah
Graham County
Dear Mr. Garver:
Attached is the information you requested regarding the
Quality's policy toward permitting in the Lake Santeetlah watershed.
the section of the Policy regarding expansion of existing Farms.
questions regarding this Policy, please contact me at [phone].
Sincerely,
arty Frost
Environmental Chemist
Enclosure
Division of Water
I have highlighted
If you have any
Asheville Regional Office, 59 Woodfin Place, Asheville, North Carolina 28801 Phone: [phone] Fax: 828/251-
6452
An Equal Opportunity/Affirmative Action Employer — 50% Recycled\110% Post Consumer Paper

State of North Carolina
Department of Environment
and Natural Resources---.- ------------- ----
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thrope, Ph.D., Acting Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Howard Garver
Wide Creek Trout Sales
Rt 1 Box 44B
Robbinsville NC 28771
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
2/13/2002
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON PAYMENT
PERMIT NUMBER NCO079090
Wide Creek Trout Sales
Graham COUNTY
Dear Permittee:
Payment of the required annual administering and compliance monitoring fee of $715.00 for this year has not
been received for the subject permit. This fee is required by Title 15 North Carolina Administrative Code 2H.0105, under
the authority of North Carolina General Statutes 143-215.3(a)(1), (1 a) and (1 b). Because this fee was not fully paid within
30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 ncac 2H.0105(b) (2) (k)
(4), and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the required Annual
Administering and Compliance Monitoring Fee is received within that time. Discharges without a permit are subject to the
enforcement authority of the Division of Water Quality. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, NC 27699-1617
If you are dissatisfied with this decision, you have the right to request an administrative hearing within Thirty (30)
days following recipt of this notice, identifying the specific issues to be contended. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447. Unless such request for hearing is made or
payments received, revocation shall be final and binding. If you have any questions, please contact:
Mr. Forrest Westall, Asheville Water Quality Regional Supervisor, [phone].
Sincer I ,
gory J. Thorpe, h.D.
cc: Supevisor, Water Quality Permits and Engineering Unit
Asheville Regional Office
County Health Department
P.O. Box 29535, Raleigh, North Carolina 27626-0535:' `. .'Telephone 919-733=5083 FAX [phone] ! '
_,^ . An Egual Opportunity Affirmative Action Employer . _____:. _50% recycled-1 10% post -consumer paper _ :..:..

V
f North Carolina
ment of Environment
and Natural Resources - - - -
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thrope, Ph.D., Acting Director
CERTIFIED MAIL
RETURN RECEIPT RE - ESTED z I s_
Howard Garver FEB LUe
Wide Creek Trout Sale_
Rt 1 Box 44B
Robbinsville NC 28771
1
•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
2/13/2002
Z� c.]�c'✓t'�
':b-t.e.
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON PAYMENT
PERMIT NUMBER NCO079090
Wide Creek Trout Sales
Graham COUNTY
Le-rb)D . -
Dear Permittee:
Payment of the required annual administering and compliance monitoring fee of $715.00 for this year has not
t^^�
been received for the subject permit. This fee is required by Title 15 North Carolina Administrative Code 2H.0105, under
the authority of North Carolina General Statutes 143-215.3(a)(1), (1 a) and (1 b). Because this fee was not fully paid within
30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 ncac 2H.0105(b) (2) (k)
(4), and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the required Annual
Administering and Compliance Monitoring Fee is received within that time. Discharges without a permit are subject to the
enforcement authority of the Division of Water Quality. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, NC 27699-1617
If you are dissatisfied with this decision, you have the right to request an administrative hearing within Thirty (30)
days following recipt of this notice, identifying the specific issues to be contended. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447. Unless such request for hearing is made or
payments received, revocation shall be final and binding. If you have any questions, please contact:
Mr. Forrest Westall, Asheville Water Quality Regional Supervisor, [phone].
Sincer I
goGy J. Thorpe, h.D.
cc: Supevisor, Water Quality Permits and Engineering Unit
Asheville Regional Office
County Health Department
P.O. Box 29535, Raleigh, North Carolina 27626-0535 ` Telephone �91 9-733-5083 FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper

V.
North Carolina DeDa- riment of Environment and Natural Resources
?•�liel�aei 'r. L:risle}��; Cio�aert3or
Mr. Howard A. Garver
Wide Creek Trout Sales
Route 1, Box 44B
Robbinsville, North Carolina 28771
Dear Mr. Garver:
William t �. Ross, Jr.; Secretary
Gregory J. "Thorpe, PhD.
Actiitg Director
Division of Water Quality,
Subject: Compliance Sampling Inspection
Status: Compliant
Wide Creek Trout Sales
NPDES Permit NCO079090
Graham County
On September 27, 2001 1 performed a Compliance Sampling Inspection of Wide Creek
Trout Sales. The purpose of the inspection was to determine the compliance status of the facility.
The farm appeared to be well maintained and operated. The inspection report is attached for
your records. I have also attached a copy of the sampling report for your records. I appreciate
your cooperation.
If you should have any questions regarding this report, please do not hesitate to contact
me at [phone].
Sincerely,
Larry Frost
Environmental Technician
Enclosure
Asheville Regional Office, 59 Woodfin Place, Asheville, North Carolina 28801 Phone: [phone] Fax: [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled1110% Post Consumer Paper

NORTH CAROLINA D" , ,RTMENT OF ENVIRONMENT AND NA-, __AL RESOURCES
NPDES Compliance Inspection Report
Section A: National Data System Coding
Transaction Code NPDES YR/MO/DAY Inspection Type Inspector Facility Type
N 5 NCO079090 01/09/27 S S 3
Section B: Facility Data
Name and Location of Facility Inspected
Entry Time:
Permit Effective:
Wide Creek Trout Sales
1230
99/12/01
Snowbird Road
Exit Time/Date:
Permit Expiration:
Robbinsville, North Carolina
1300
04/08/30
Graham County
Name(s) of On -Site Representative(s) Title(s) Phone No(s)
Howard Garver Owner 828/479-6267
Name, Address of Responsible Official
Title
Howard Garver
Owner
Route 1, Box 44B
Phone No.
Contacted?
Robbinsville, North Carolina 28771
828 479-6267
Yes
Section C: Areas Evaluated During Inspection (S = Satisfactory, M - Marginal, U - Unsatisfactory, N - Not Evaluated)
S Permit Flow Measurement Pretreatment S Operations & Maintenance
S Records/Reports Laboratory Compliance Schedules Sludge Disposal
S Facility Site Review S Effluent/Receiving Waters S Self -Monitoring Program Other:
Section D: Summary of Find in s/CommentsMotn p1jance Status Attach additional sheets if.necessa
This farm is a commercial fish producing facility with settling basins at the ends of it's raceways from which manure is removed
and is allowed to settle and dry in ponds dug by the owner.
The farm appeared to be well maintained and operated.
Sampling Results
Total Phosphorus — 0.04 mg/L
a
Compliance Status: X Compliance Deficiency Non -Compliance
Name(s) and Signature(s) of Inspector
Larry Frost `%-
Agency/Office/Telephone
Date
/
'/ — / �`�
NC-DWQ/ARO/828-251-6208
/1110 2
Signature of Reviewer
Agency/Office/Telephone
NC-DWQ/ARO/828-251-6208
Date,
1

COUNTY GRAHAM
RIVER BASIN.
REPORTTO ARO Regional Office
Other .
COLLECTOR(S) : LARRY FROST
Estimated BOD Range:
Seed: Chlorinated:
Station H I Dole Begin (yy/mm/dd)
BOD 310 mg/L
COD High 340 to/L
COD Low 335 m /L
Coliform: MF Fecal 31616 /100m1
Coliform: MF Total 31504 / I OOml
Coliform: tube Fecal 31615 /100ml
Coliform: Fecal Strep 31673 /100ml
Residue: Total 500 m /L
Volatile 505 m /L
Fixed 510 m /L
Residue: Suspended 530 mg/L
Volatile 535 m L
Fixed 540 m /L
H 403 units
Acidity to p1l 4.5 436 m /L
Acidity to pH 8.3 435 m /L
Alkalinity to pH 8.3 415 m /L
Alkalinity to till 4.5 410 mg/L
TOC 680 m /L
Turbidity 76 NTU
Coliform Total Tube VI 00 mis
COMMENTS :
DIVISION OF WATER QUALITY
Chemistry Laboratory Report / Water Quality
W�SAMPLETYPF
PRIORITY
El AMBIENT QA STREAM D EFFLUENT
X❑ COMPLIANCE CHAIN OF CUSTODY LAKE INFLUENT
EMERGENCY VISIT ID ESTUARY
Station Location: WIDE CRK TROUT FARM NPDES
Remarks:
Dale End (yy/mm/dd) Tlnte Begin Time End I Depth - DM, D➢, DBNI Value Type- A, H, L
1330
Chloride 940 mg/L
Chi a: Tri 32217 u /L
Chi a: Corr 32209 ug/L
Pheo hytin a 32213 u /L
Color. True 80 C.U.
Color. (pli) 83 PH= C.U.
Color. pll7.6 82 C.U.
Cyanide 720 mg/L
Fluoride 951 m /L
Formaldehyde. 71880 mg/L
Grease and Oils 556 m /L
Hardness Total900 m /L
Specific Cond. 95 umhos/cm2
MBAS 38260 m /L
Phenols32730 ug/L
Sulfate 945 mg/L
Sulfide 745 m /L
Boron
Tannin & Li nin ug/L
HexavalentChromium u /L
NH3 as N 610 m /L
TKN an N 625 mg/L
NO2 plus NO3 as N 630 m /L
X
P: Total as P 665 0.04 m /L
PO4 as P 70507 m /L
P: Dissolved as P 666 m /L
K-Potassium m /L
Cd-Cadmium 1027 ug/L
Cr-Chromium:Total 1034 u /L
Cu- Copper 1042 u /L
Ni-Nickel1067 u /L
Pb- Lead 1051 u /L
Zn- Zinc 1092 u /L
V-Vanadium ug/L
Ag- Silver 1077 ug/L
At -Aluminum 1105 ug/L
Be- Beryllium 1012 ug/L
Ca- Calcium 916 m /L
Co- Cobalt 1037 u /L
Fe- Iron 1045 u /L
OCT 1 8 2001 <<
Lab Number :
1W7782
Date Received:
10/2/2001
Time Received:
9:00 AM
Received By
DS
ta l
Dam :
�a 1v� to
AR
Date Reported:
10/12/2001
Composite-T, S, B I Sample Type
Li -Lithium 1132 u /L
Mg- Magnesium 927 m /L
Mn-Manganese 1055 u /L
Na- Sodium 929 m /L
Arsenic:Total 1002 u /L
Sc- Selenium 1147 u /L
H - Mercury 71900 u /L
Ba_➢arium u /L
Or anochlorine Pesticides
Or ano dos horus Pesticides
Acid Herbicides
Base/Neutral&Arid Extractable Organics
I'PH Diesel Range
Pur cable Organics (VOA bottle re 'd)
TPH Gasoline Range
TPH/BTEX Gasoline Range
Ph to lankton

COUNTY
RIVER BASIN :
REPORT TO
Other
COLLECTOR(S)
Estimated BOD Range:
Seed:
GRAHAM
ARO _Regional Office
LARRYFROST
Chlorinated:
Date Begin (yy/mm/dd)
20010927
BOD 310 mg/L
COD High 340 m /L
COD Low 335 m /L
Coliform: MF Fecal 31616 /100ml
Coliform: MF Total 31504 /100ml
Coliform: tube Fecal 31615 /100ml
Coliform: Fecal Strep 31673 /100ml
Residue: Total 500 mg/L
Volatile 505 m /L
Fixed 510 mg/L
Residue: Suspended 530 mg/L
Volatile 535 m /L
Fixed 540 m /L
H 403 units
Acidity to pH 4.5 436 mg/L
Acidity to pH 8.3 435 m /L
Alkalinity to pH 8.3 415 mg/L
Alkalinity to pH 4.5 410 m /L
TOC 680 mg/L
Turbidity 76 - NTU
Coliform Total Tube "/ 100 n
COM5IENTS :
DIVISION OF WATER QUALITY
Chemistry Laboratory Report / Water Quality
W❑ PRIOSAMPLE TYPE
RITY
AMBIENT E]QA STREAM
X❑ COMPLIANCE CHAIN OF CUSTODY LAKE
EMERGENCY VISIT ESTUARY
Station Location: WIDE CRK TROUT FARM NPDES
Remarks:
Date End (yy/mm/dd) Time Begin Time End Depth - DM, DB, DBM
1330
Chloride 940 mg/L
Chi a: Tri 32217 u /L
Chi a: Corr 32209 ug/L
Pheo hytin a 32213 u /L
Color. True 80 C.U.
Color. (pH) 83 pH= C.U.
Color. pH 7.6 82 C.U.
Cyanide 720 mg/L
Fluoride951 m /L
Formaldehyde 71880 m /L
Grease and Oils 556 m /L
Hardness Total900 m /L
Specific Cond. 95 umhos/cm2
MBAS 38260 mg/L
Phenols 32730 ug/L
Sulfate 945 mg/L
Sulfide 745 m /L
Boron
Tannin & Lignin ug/L
Hexavalent Chromium ug/L
X❑ EFFLUENT
INFLUENT
Value Type - A, H, L
NH3 as N 610 mg/L
TKN an N 625 m /L
NO2 plus NO3 as N 630 mg/L.
X
P: Total as P 665 0.04 m /L
PO4 as P 70507 m /L
P: Dissolved as P 666 m /L
K-Potassium m /L
Cd- Cadmium 1027 ug/L
Cr-Chromium:Total 1034 - u /L
Cu- Copper 1042 u /L
Ni-Nickel1067 ug/L
Pb- Lead 1051 u /L
Zn- Zinc 1092 u /L
IV -Vanadium ug/L
Ag- Silver 1077 ug/L
Al -Aluminum 1105 u /L
Be- Beryllium 1012 u /L
Ca- Calcium 916 m /L
Co- Cobalt 1037 u /L
Fe- Iron 1045 u /L
u
r OCT 18 2001 -°
f<,' ",l`5 1'Tir f
_ ''=\ i`aiiL GF�'C
Lab Number
I W7782
Date Received:
10/2/2001
Time Received:
9:00 AM
Received By
DS
Data lqlcascd :
AR
Date Reported:
10/12/2001
Composite-T, S, B I Sample Type
Li -Lithium 1132 u /L
Mg- Magnesium 927 m /L
Mn-Manganese 1055 u /L
Na- Sodium 929 m /L
Arsenic:Total 1002 u /L
Se -Selenium 1147 u /L
H - Mercury 71900 u /L
Ba_Barium u /L
Or anochtorine Pesticides
Or no hosphorus Pesticides
Acid Herbicides
Base/Neutral&Acid Extractable Organics
TPH Diesel Range
Pur eable Organics (VOA bottle re 'd)
TPH Gasoline Range
TPH/BTEX Gasoline Range
Ph o lankton

PMR BASIN:
REPORTTO
Other :
COLLECTOR(S)
Estimated BOO Range:
Seed:
Graham
Little Tennessee
ARO -Larry Frost
Larry Frost
DIVISION OF WATER QUALITY
Asheville Regional Office Lab Report / Water Quality
® SAMPLE TYPE
PRIORITY
AMBIENT CIA STREAM XX EFFLUENT
XX COMPLIANCE CHAIN OF CUSTODY LAKE INFLUENT
EMERGENCY ESTUARY
VisitlD:
Station Location: Wide Creek Trout Farm - NPDES # NCO079090
Chlorinated: Remarks: Not Chlorinated
Date Begin (yy/mmldd) Date End (yylmm/dd I Time Begin Time End Depth - DM, DB, DBM
01/09127 1330
BOD 310
ni
COD High 340
mg/L
COD Low 335
ril
Coliform: MF Fecal 31616
#/100 mis
Coliform: MF Total 31504
#/100 mis
Coliform: Tube Fecal 31615
#/100 mis
Coliform: Fecal Strep 31673
#/100 mis
Residue: Total 500
ni
Volatile 505
ni
Fixed 510
ni
Residue: Suspended 530
mg/L
Volatile 535
mg/L
Fixed 540
mg/L
pH 403
units
Acidity to pH 4.5 436
mg/L
Acidity to pH 8.3 435
mg/L
Alkalinity to pH 8.3 415
ni
Alkalinity to pH 4.5 410
mg/L
TOC 680
mg/L
Turbidity 82079
NTU
Coliform Total Tube 31508
#/100 mis
COMMENTS
Chloride 940 mg/L
Chi a: Tri 32217 pg/L
Chi a: Corr 32209 pg/L
Pheophytin a 32213 pg/L
Color: True 80 C.U.
Color: (pH ) 83 pH= C.U.
Color: pH 7.6 82 C.U.
Cyanide 720 mg/L
Fluoride 951 ni
Formaldehyde 71880 mg/L
Grease and Oils 556 mg/L
Hardness Total900 mg/L
Specific Cond. 95 pmhos/cm2
MBAS 38260 mg/L
Phenols 32730 pg/L
Sulfate 945 mg/L
Sulfide 745 mg/L
Boron: Total 1022 pi
Tannin & Lignin 32240 pg/L
Hexavalent Chromium 1032 pg/L
Lab Number: 1 !I 1
Date Received : _L
Time Received
Received By :
Data Released:
Date Reported
Value Type -A, H, L (Composite-T, S, B Sample Type
GRAB
NH3 as N 610 mg/L
TKN an N 625 mg/L
NO2 plus NO3 as N 630 mg/L
XX
P: Total as P 665 mg/L
PO4 as P 70507 mg/L
P: Dissolved as P 666 mg/L
K-Potassium mg/L
Cd- Cadmium 1027 pg/L
Cr-Chromium:Total 1034 pg/L
Cu- Copper 1042 pg/L
Ni-Nickel 1067 pg/L
Pb- Lead 1051 pg/L
Zn- Zinc 1092 pg/L
V-Vanadium pg/L
Ag- Silver 1077 pg/L
AI -Aluminum 1105 pg/L
Be- Beryllium 1012 pg/L
Ca- Calcium 916 mg/L
Co- Cobalt 1037 pg/L
Fe- Iron 1045 pg/L
Li -Lithium 1132
Mg- Magnesium 927
Mn-Manganese 1055
Na- Sodium 929
Arsenic:Total 1002
Se- Selenium 1147
Hg- Mercury 71900
Organophosphorus Pesticides
Acid Herbicides
Base/Neutrai&Acid Extractable Organics
TPH Diesel Range
Purgeable Organics (VOA bottle req'd)
TPH Gasoline Range
TPH/BTEX Gasoline Ranae
txpected range <0.1 mg/I
LAB USE ONLY
Temperature
on arrival (°C):
Conductance (94) Water Temp-C (10) D.O. (300) pH (400) 8.3 Alkalinity (82244) 4.5 Alkalinity (431) 4.5 Acidity (82243) 8.3 Acidity (82242) l/ Air Temlllp-C (20)
Sample Point % (2)
Secchi depth m
Salinity ppt (480)
Precipit-In/day (45)
Cloud Cover % (32)
Wind Dir-Deg (36)
Strm Flow Sev, (1351)
Turbidity Severity (1350)
✓yind Velocity -mph (35) IMean Strm Depth-ft (64)
Width-ft (4)

State of North Carolina
Department of Environment
aIn-d Natura Resources.
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
Division of Water Quality
--
Adlnftw�
NC
NORTH CAF
ENVIRONMENT
WATER QUALITY SECTION
Mr. Howard A. Garver
Wide Creek Trout Sales
Route 1, Box 44B
Robbinsville, North Carolina 28771
Dear Mr. Garver:
June 1, 2001
Subject: Compliance Sampling Inspection
Status: Compliant
Wide Creek Trout Sales
�v NPDES Permit Number NCO079090
''aham County
On May 3, 2001 1 made a Compliance Sampling Inspection of Wide Creek Trout Sales. The
farm appeared to be well maintained and operated. I was particularly pleased with the manner in
-which--you are handling you. waste manure. The inspection report. is attached for your records. I.
appreciate your cooperation and assistance during the inspection.
If you should have any questions regarding this report, please do not hesitate to contact
meat [phone].
Sincerely,
Larry Frost
Environmental Technician
Enclosure
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

on Code NPDES YR/MO/DAY
Inspection Type Inspector Facility Type
5 NCO079090 01/05/03
S S 3
Section B: Facility Data
e and Location of Facility Inspected
Entry Time:
Permit Effective:
e Creek Trout Sales
10:00 AM
99/12/01
owbird Road
Exit Time/Date:
Permit Expiration:
obbinsville, North Carolina 28771
11:30 AM
04/08/30
Name(s) of On -Site Representative(s) Title(s)
Phone No(s)
Howard A. Garver Owner
828 479-6267
Name, Address of Responsible Official
Title
Howard A. Garver
Owner
Route 1, Box 44B
Phone No.
Contacted?
Robbinsville, North Carolina 28771
828 479-6267
Yes
Section C: Areas Evaluated During Inspection (S - Satisfactory, M - Marginal, U - Unsatisfactory, N - Not Evaluated)
S Permit N Flow Measurement
N Pretreatment S Operations & Maintenance
S Records/Reports N Laboratory
N Compliance Schedules N Sludge Disposal
S Facility Site Review S Effluent/Receiving Waters
S Self -Monitoring Program Other:
Section D: Summary of Findings/Comments/Compliance Status Attach additional sheets if necessa .
The farm appeared to be well maintained and operated. The manner in which you are handling your waste manure is very
good.
Parameter Results
TSR <5.0 mg/I
NH3 as N <0.20 mg/I
TKN as N <0.6 mg/I
NO2 plus NO3 <0.15 mg/I
Total _P <0.10 mg/I
Compliance Status: X Compliance
Deficiency Non -Compliance
Name(s) and Signature(s) of Inspectors
Agency/Office/Telephone
Date
Larry Frost
NC-DWQ/ARO/828-251-6208
01/06/01
Signature of Reviewer
Agency/Office/Telephone
NC-DWQ/ARO/828-251-6208
Date/
� / j I

RIPER BASIN
REPORT7'0, ARO Regional Office
Other
COLLECTOR(S) LARRY FROST
Estimmed BUD Range:
Seed: Chlorinnled:
;on P Date Begin Oy/mui/dd)
20010503
IIOD 310 in /L
CUD Iligh 340 ni !L
COD Low 335 mg/L
Colifonn: MP Fecal31616 /IOOnd
Colifonn: MI' Total 31504 /1001111
Coliform: tube Fecal31615 /100ml
Coliform: Fecal Suep 31673 /100ml
Residue: Total 50U ni /L
Volatile 505 nig/L
Fixed 510 m /L
x
Residue: Suspended 530 5 U in /L
Volatile 535 nig/l.
Fixed 540 In/I.
pi1403 units
_
Acidity to pit 4.5 436 nig/L
Acidity to p118.3 435 nig! L
_
Alkalinity to p1i 8.3 415 m /L
Alkalinity to pll 4.5 410 mg/L
TOC 630 in /L
Turbidity 76 NTU
Colifonn Total Tube "/100 mis
COMdlENTS :
DIVISION OF 1YA'i'Elt 011ALI 1'Y
Chemisiry I,nhorntory Rcpmi I Wnler Quatity .
W� SAMPLEI'Yl'_E
LRIGBIja
® AMBIENT QA STREAM X❑ EFFLUENT
®R COMPLIANCE � CHAiN OP CUSTODY ❑ LAKE � INFLUENT
El EMERGENCY VISIT ID ESTUARY
Stntion Location: WIDE CRK TROUT FARM
Remarks:
Dale End (yy/mm/dd) Time Begin Time End Depth - DM, DB, DBI11 Vatne Type - A,11, L
1100
Chloride 940 m /L
_
C:hl a: i ri 322I7 11 /L
_
Chl a: Corr 32209 a /L
Phca h tin a 32213 u /L
Color: '1"rite 80 C.U.
Color: (pit) 83 pH= C.U.
Color: pil 7.6 82 C.U.
Cyanide 720 nig/L
_
Fluoride 951 mg/L
Formaldclrvdc 71880 m /L
Greasc and Oils 556 m /l,
Ilardncss Towl900 in /L
S •ditc Cond. 95 unihos/cni2
MIIAS 38260 ni /L
Plicnols 3273U ug/L
Sulfate 945 mg/L
Sulfide 745 nig/L
_
Boron
Tannin & Lignin ug/ L
Ilexavalent Cliioiniunt u /L
X
NH3 as N 610
0.20 U
m /L
x
TKN an N 625
0.6 U
m /l.
x
NO2 plus NO3 as N 630
0.15 U
in /L
x
P: Total as P 665
0.10 U
m /L
1104 as P 70507
ni /L
P: Dissolved as P 666
mg/L
K-Potassium
ang/L
Cd- Cadmium 1027
u /L
Cr-Chromium: rota) 1034
1i /L
Cu- Copper 1042
u /L
Ni-Nickel 1067
u /L
Pb­Lead 1051
u /L
7.n- Zinc 1092
u /i-
V-Vanadium
ug/L
Ag-Silvcr 1077
ug/L
AI -Aluminum 1105
ug/L
Be- Beryllium 1012
ug/L
Ca- Calcium 916
m /L
Co- Cobalt 1037
ug/L
Fe -Iron 1045
ug/L
Lab Number
1 W2944
Date Received:
5/8/2001
Time Received:
9:55 AM
Received By
BMW
Data Released :
S a� DI
AR
Date Reported:
5/29/2001
Composite-T, S, B I Sample Type
Li -Lithium 1132 u /L
Mg- Magnesium 927 mg/L
Mn-Manganese 1055 ug/L
Na- Sodium 929 m /L
Arsenicirolal1G02 ug/L
Se- Selenium 1147 u /L
Ii - Mercu 71900 u /L
Ba_Barium ug/L
Or anochlodne Pesticides
Or anophosphorus Pesticides
Acid Herbicides
Base/Neutral&Acid Extractable Organics
rPII Diesel Range
Purgeable Organics (VOA bottle req'd)
TPH Gasoline Range
TPH/BTEX Gasoline Range
Ph to lankton

COUNTY
Graham
RIVER BASIN:
REPORT TO
Little Tennessee V"
Larry Frost
Other :
COLLECTOR(S)
Larry Frost
Estimated SOD Range:
[ iYISION OF WATER QUALITY
U
Asheville Regional Office Lab Report I Water uallty
SAMPLE TYPE
PRIORITYEl AMBIENT F-1 CIASTREAM EFFLUENT
M COMPLIANCE r__j CHAIN OF CUSTODY LAKE INFLUENT
EMERGENCY ESTUARY
VIsItID: ��
Station Location: Wide Creek Trout Farm - NC 0079090
Remarks:
Seed: i Chlorinated: NotChlodnaled
A H L Coml
lon #
Date Begin (yylmm/dd) Dale End (yylmm/dd) Time Begin Time End Depth - DM, DO, D1 Value Type
01/05/03
BOD 310
mg/L
COD High 340
mg/L
COD Low 335
mg/L
Coliform: MF Fecal 31616
#1100 mis
Coliform: MF Total 31504
4/1o0 mis
ColllmTub or: e Fecal 31615
#/100 mis
Coliform: Fecal SUep 31673
#1100 mis
Residue: Total 500
mg/L
Volatile 505
mgfL
Fixed 510
mg/L
xX Residue: Suspended 530
mg/L
Volatile 535
mg/L
Fixed 540
mg/L
pH 403
units
Acidity to pH 4.5 436
mg/L
Acidity to pH 8.3 435
mg/L
Alkalinity to pH 8.3 415
mg/L
Alkalinity to pH 4.5 410
mgfL
TOC 580
mg/L
Turbidity 82079
NTU
Coliform Total Tube 31508
#1100 MIS
COMMENTS:
Sample Point % (2)
Secchl deplh m
XX
NH3 as N 610
mg/L
XX
TKN an N 625
mg/L
XX
NO2 plus NO3 as N 630
mg/L
XX
P: Total as P 665
mg/L
PO4 as P 70507
mg/L
P: Dlssoived as P 666
mg/L
K-Potasslum
mg/L
Cd-Cadmium 1027
PgIL
Cr-Chromlum:Total 1034
jjgfL
Cu- Copper 1042
pg/L
NI-Nlckel 1067
pg/L
Pb- Lead 1051
pg/L
Zn- Zinc 1092pg/L
pg/L
077
g/L
pAg-SliverIO77
m 1105
g/L
m 1012
pg/L
9Is
mg/L
1037
g/L
Fe- Iron 1045
B/L
Lab Number:
Date Received
Time Received
Received By
Data Released:
Date Reported
S, B ISample Type
GRAB
1132 uglL
gnesium 927 m9ILganese
1055 pgfL
dium 929 mg/L
:Total1002 g/L
lenium 1147 g/L
rm
rcury 71900 pg/L
ium g/L
chlorine Pesticides
phosphorus Pesticides
Acid Herbicides
Base/NeutralBAcid Extractable Organics
TPH Diesel Range
_
Purgeable Organics (VOA bottle refd)
TPH Gasoline Range
TPH/BTEX Gasoline Range
Phytoplankton
LAB USE ONLY
Temperature
ofi arrival (°C): 0
D.O. (300)
H 400
P ( )
8.3 Alkalinity (82244)
4.5 Alkalinity (431)
4.5 Acidity (82243)
8.3 Acidity (82242)
nTr Temp-� tzu1
lance (94) Water Temp-C (10)
Sinn Flow Sev (1351)
Turbidity Severity (1350)
Wind Velocity -mph (35)
Mean Simi Depth -it (64)
Slrm Width-ft (4)
ppl (400) Preciplt-Inlday (45)
Cloud Cover No (32)
Wind Dir-Deg (36)

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235 MILTON MASHBURN DRIVE
ANDREWS NC 28901
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■ Complete items 1, 2, and 3. Also complete
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UNITED STATES POSTAL
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DENR
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MICDENR - DWQ - V,,,QS
9 WOODFIN PLACE
SHEVILLE, NC 28801
-J cl, I