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HomeMy WebLinkAboutNC0079090_Permit Issuance_20130430MENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director April 30, 2013 R. Steve Hargis, President Coldwater Farms, Inc. 1199 Crantock Road Smithfield, North Carolina 27577 Subject: Issuance of NPDES Permit NCO079090 Coldwater Farm, Class 1 4765 Snowbird Road, Robbinsville Graham County Dear Mr. Hargis: John Skvarla Secretary 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 rioe.corporonQicdenr.govl or call (919) 807-6394. Respec lly, G 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 7.TOne n 1��. Location: 612 N. Salisbury St. Raleigh, North Carolina 27604 No Carolina Phone: 9IM07.63001 FAX: 919-807-64921 Customer Service: 1-877-623- 6746 V A(M if Internet www.ncwaterqualiV.org 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, II, 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, 2Q Ch Wakild, P.E., Director — sion 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 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. • \ i I Lake Santeetlah ('X� tR\ S il�� Road l lr -�` l � -) •� 3,i /� —v1 r � Cherohala Skyway 22op �c,��" \ I �. 't •, i I ` I/ ` `` \ +'-i+a' �-' _ I I ', l ,{ (, 3 \. � r I+ ._��- \q `• I Ji.l 7 •f! \! li r�� � - '� ! ; s,`� Snowbird Creek Outfa11001 \/1! ?)y ,ice/yyIJ' J l (\' t flows NE) � }, �"l l (flows south) llL7. $.�' }� -..� ii � l/ir%///l�}rf` , ' l" \'(\ � J(l \\ l`� �- I �`. � / 31� l,/-�\ i�\$•\/ ,fJr� . r.� _� 1 1L �Il�i�r/ ,fl (r y:t(( (��� \- , v I i/`1 `\ _ � . �; t !\S S 1 /I �/l��/i �I141 (�lAlyl\ �ltit'^1 I1 \I! (1f�;..� fJI/ kt %�3._� _ �/ ! %(i ( /'fl 11 . r.Tml,il �•.,\LI:, � ..-. ,ll'"\ I-�i , Coldwater Farms, Inc. Facility - 4765 Snowbird Road, Robbinsville 28771 Location Latitude. 35.4P 44" N Sorte Grid: F4SW /Robbinsville, NC not to Seale Lom,itude: 81' 07' 19" W Permitted Flow: Not limited Receiving Stream: Snowbird Creek Stream Segment: 2-190-9-(15J) Strewn Class: C=Gout Drainage Basin: Little Tennessee Basin J� ,;n.NPDES Permit NCO079090 Sub -Basin: 04-04-04 FIDC 06010204 �%�^t/'l IIW13+_; Graham COLHV Permit NCO079090 A. (L) EFFLUENT LMTATIONS 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: 4 , 1 ;NL� _ tt �, .c . C_. �Par�cmgfers:G7or�es]4 Y LIlIITS — •. •.. 11O1URIIG ]�tEQUIItEENTS .r _J t4. fi°... Monthly �vera e,... Daily :, Maxi um :..:- MeasuTe�iaien� <�.� , z. _ Fre uenc " sample ` e : _ sample . _ _ T.ocation ._ 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. 6)/ Notice Carolina ASHEVIL CITIZEN TB ES VOICE OF THE MOUNTAINS e CITIZEN-TIMES.conn AFFIDAVIT OF PUBLICATION BUNCOMBE COUNTY SS. NORTH CAROLINA Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified and authorized by law to administer oaths, personally appeared Velene Fagan, who, being first duly sworn, deposes and says: that she is the Legal Billing Clerk of The Asheville Citizen -Times, engaged in publication of a newspaper known as The Asheville Citizen -Times, published, issued, and entered as first class mail in the City of Asheville, in said County and State; that she is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in The Asheville Citizen -Times on the following date: March 17d , 2013. And that the said - .newspaper in which said notice, paper, document or legal advertisement was published was, at the time of each and every publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statues of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statues of North Carolina. Signed this 18'h, day of March, 2013 (Signature of peraking _ aking affidavit) Sworn to and subscribed before me the 18th day of March, 2011 My Commission expires the Sth day of October, (828) 232-5830 1 (828) 253-5092 FAX 14 O. HENRY AVE. I P.O. BOX 2090 1 ASHEVILLE, NC 28802 1 (800) 800-4204 PUBLIC c) GAmErr Mr. Weaver: I am returning the completed form with all the information I have available. Per our conversation of September 14.. 20121 am not enclosing a fee. Please recall that the Farm is not in operation and has no discharge. If I am lucky enough to lease the farm I will notify your office prior to any discharge and begin submitting water samples as required. If you require any further information please let me know. My contact info is included in the permit application. Thanks Steve Hargis Steve Hargis From: Steve Hargis <shargis@nc.rr.com> Sent: Thursday, September 13, 2012 9:50 PM To: 'Weaver, Charles' Subject: RE: renewal application for NCO079090 is OVERDUE Mr. Weaver; I appreciate your sending me the permit renewal application. This is the first renewal application I have had or I would have already responded. I have been communicating with Mr. Bob Guera concerning my not receiving an application and he said he was going to get someone to send me one as he was taking anotherjob outside of NC. I do not know who he was referring too that was taking over his responsibilities. Per Mr Brown's letter the farm has not been operated since last October for the reasons he specified and there has been no water entering or discharged from the farm since October of 2011. 1 do want to renew the permit as I am hoping for a miracle that someone may rent the farm again someday. I would like to call you tomorrow morning if you are going to be in with a few questions about the permit if possible. I tried a couple of times this morning but could not get you. Thanks Steve Hargis From: Weaver, Charles jmailto:charles.weaver@ncdenr.govl Sent: Wednesday, September 12, 2012 10:05 AM To: shargisCcbnc.rr.com Cc: Menzel, Jeff Subject: renewal application for NCO079090 is OVERDUE Importance: High Mr. Hargis: The NPDES permit for the Coldwater Trout Farm expires on November 30, 2012. 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. To satisfy this requirement, your renewal package should have been sent to the Division postmarked no later than June 3. 2012. The Division has not received a renewal request for the subject permit. This is a violation of your permit at Part II. B. 10., which states "Any permittee that has not requested renewal at least 180 days prior to expiration... will subject the permittee to enforcement procedures as provided in NCGS 143- 215.E and 33 USC 1251 et. seq.". In order to prevent an assessment of civil penalties you must submit a completed permit application (see enclosed forms) no later than May 29, 2012. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. PLEASE NOTE: The Division received the attached correspondence from the former lessee of the site in November 2011. If you wish to rescind the permit, simply reply to this message. Charles H. Weaver NPDES Unit