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Home My WebLink AboutNCG530148_CEI Report & NOV2021PC0459_20210910 September 10, 2021 Delmar and Martha Holder 129 Locust Cove Rd Robbinsville, NC 28771 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2021-PC-0459 Permit No. NCG530148 Welch Mill Creek Farm Cherokee County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Welch Mill Creek Farm on September 2, 2021. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG530148. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville Regional Office. The following violation(s) were noted during the inspection: Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________ Operations & Maintenance Chemical storage is not adequate. _________________________________________________________________________________________________________________________________________________________________________ Effluent Sampling The facility is not sampling as required per permit Part I, Section A. _________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: 9EF819AC-61CE-4813-86B1-246F045BB290 Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice of Violation regarding your plans or measures to be taken to address the indicated violations and other identified issues, if applicable. If you should have any questions, please do not hesitate to contact Stephanie Williams with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4500. Sincerely, Daniel Boss, Assistant Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report Ec: Laserfiche, Jeremiah Holder DocuSign Envelope ID: 9EF819AC-61CE-4813-86B1-246F045BB290 EPA United States Environmental Protection Agency Washington, D.C. 20460 Water Compliance Inspection Report Form Approved. OMB No. 2040-0057 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 N 52 NCG530148 21/09/02 C S31112171819 20 21 66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved------------------- N67707172 73 74 75 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Welch Mill Creek Farm Colville Rd Marble NC 28905 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 10:30AM 21/09/02 18/10/26 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Other Facility Data 11:30AM 21/09/02 21/03/31 Name, Address of Responsible Official/Title/Phone and Fax Number Delmar Holder,129 Locust Cove Rd Robbinsville NC 28771//828-479-8998/Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s)Agency/Office/Phone and Fax Numbers Date Lauren E Armeni DWR/ARO WQ/828-296-4500/ Stephanie A Williams DWR/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 DocuSign Envelope ID: 9EF819AC-61CE-4813-86B1-246F045BB290 9/9/2021 9/9/2021 9/9/2021 NPDES yr/mo/day 21/09/02 Inspection Type C3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Stephanie Williams and Lauren Armeni, with the Asheville Regional Office, conducted a Compliance Evaluation Inspection of the Welch Mill Creek Trout Farm on September 2, 2021. The inspection was conducted to determine if the system is being operated and maintained in compliance with General NPDES Permit No. NCG530000. Derek Holder and Jeremiah Holder were present during the inspection. The farm consists of 24 concrete raceways. The waste pond, which is not connected to the stream, is cleaned yearly. There is an additional settling pond in line with Welch Mill Creek, allowing for settling prior to discharge. The receiving stream appeared to be unimpacted from the discharge. No records are being kept regarding the operation of this facility. Per permit condition Part 1, Section E, a best management plan is required if production exceeds 100,000 lbs. per year. Records should be kept regarding total production. Derek and Jeremiah stated that the quiescent zones are cleaned weekly. However, at the time of the inspection, the zones were heavily loaded with solids. More regular cleaning is necessary to keep the zones clean. The following deficiencies were noted during the inspection: 1. Operations and Maintenance: Chemical storage is not adequate. Chemicals are stored outdoors and sit uncovered with no secondary containment on a 2-3-foot-high wall located uphill from the river. If chemicals leak from containers, they may reach surface waters. 2. Effluent Sampling: The facility is not sampling for flow, total suspended solids, settleable solids, and dissolved oxygen as required per permit Part I, Section A. NCG530148 17 (Cont.) Page#2 DocuSign Envelope ID: 9EF819AC-61CE-4813-86B1-246F045BB290 Permit:NCG530148 Inspection Date:09/02/2021 Owner - Facility: Inspection Type: Welch Mill Creek Farm Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? Chemical storage is not adequate. See summary for details.Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? Is all required information readily available, complete and current? Are all records maintained for 3 years (lab. reg. required 5 years)? Are analytical results consistent with data reported on DMRs? Is the chain-of-custody complete? Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Page#3 DocuSign Envelope ID: 9EF819AC-61CE-4813-86B1-246F045BB290 Permit:NCG530148 Inspection Date:09/02/2021 Owner - Facility: Inspection Type: Welch Mill Creek Farm Compliance Evaluation Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? Results for flow, total suspended solids, settleable solids, and dissolved oxygen for the past three years were not available. See summary for details. Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? The facility is not sampling as required. See summary for details.Comment: Page#4 DocuSign Envelope ID: 9EF819AC-61CE-4813-86B1-246F045BB290