NCG530176_NOV-2021-DV-0320 NOI_20210722

DocuSign Envelope ID: D09B8B67-43E3-4F83-B434-04798AF90CAE
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
July 22, 2021
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL 7021 0350 0000 1637 6292
RETURN RECEIPT REQUESTED
Duane Davis
987 Howard Moore Road
Hot Springs, NC 28743
Subject: NOTICE OF VIOLATION
and INTENT TO ASSESS CIVIL PENALTY
987 Howard Moore Road
NOV-2021-DV-0320
Discharge Without a Permit
Operating Without a Permit
Madison County
Dear Mr. Davis:
On July 8, 2021, Amy Annino from the Asheville Regional Office of the Division of Water
Resources (DWR) conducted a site inspection of your property at the subject address. The
inspection was conducted in response to a complaint of turbidity in Bearwallow Branch as a
result of pond dredging. On July 15, 2021, Andrew Moore and Mitchell Anderson from DWR
conducted a follow-up site inspection of the property in response to notification from Ms.
Annino of potential stream impacts on the property. You were present on the property at the time
of both site inspections.
During the July 15, 2021 inspection, staff were provided a tour of your trout farm, which
includes a hatchery where you hatch rainbow trout eggs, and raceways where adult fish are
raised, both of which discharge to Bearwallow Branch (Classified C; Trout; Outstanding
Resource Waters). Based on your description of the operation, your facility meets the criteria
requiring a permit to discharge.
As a result of the site inspection, the following violations were identified:
VIOLATIONS
Failure to secure a permit for a waste disposal system per North Carolina General Statute (G.S.)
143-215.1(a): Activities for Which Permits Required. — Except as provided in subsection (a6) of
this section, no person shall do any of the following things or carry out any of the following
NORTH
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CAROLINA
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa, North Carolina 28778
828.296.4500

DocuSign Envelope ID: D09B8B67-43E3-4F83-B434-04798AF90CAE
Duane Davis
July 22, 2021
Page 2 of 2
activities unless that person has received a permit from the Commission and has complied with
all conditions set forth in the permit:
(1) Make any outlets into waters of the State.
(2) Construct or operate any sewer system, treatment works, or disposal system within the
State.
REQUIRED CORRECTIVE ACTION
1. Apply for a National Pollutant Discharge Elimination System (NPDES) General
Discharge Permit NCG530000.
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violations of G.S.
143-215.1. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand
dollars ($25,000) may be assessed against any person who violates or fails to act in accordance
with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. The
Secretary may assess a civil penalty of more than ten thousand dollars ($10,000) per day in the
case of a continuing violation. Each day you continue to discharge without a valid permit is
considered a continuing violation.
If you wish to provide additional information regarding the noted violation, request technical
assistance, or discuss overall compliance please respond in writing within ten (10) business days
after receipt of this Notice. A review of your response will be considered prior to assessment of
civil penalties. You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Should you have any questions regarding these matters, please contact Andrew Moore at (828)
296-4684 or [e-mail].
Sincerely,
LDr
Doccbby:
17A38285848C...
G. Landon Davidson, P.G, Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office