HomeMy WebLinkAboutNC0079090_Final Permit_20180214Water Resources
ENVIRONMENTAL QUALITY
R. Steve Hargis, President
Coldwater Farms, Inc.
1199 Crantock Road
Smithfield, North Carolina 27577
Dear Mr. Hargis:
ROY COOPER
Govenior
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
February 14, 2018
Subject: Issuance of NPDES Permit NCO079090
Coldwater Farm, Class 1
4765 Snowbird Road, Robbinsville
Graham County
The Division of Water Resources (the Division) hereby issues the attached NPDES
permit modification for the subject facility. We issue this modification 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 this facility remains inactive having discontinued discharge in
November 2011. Please note that, before continuing fish -farming operations, you or a Ieaser
must contact the Asheville Regional Office (828-296-4500) prior to discharge, and submit a
Change of Ownership form, if appropriate.
Im lementing Electronic Dischar a Monitorin Re orts eDMRs . We acknowledge that you
are currently exempt from reporting under the Division's active reporting waver. However,
please be advised that all future monthly reports must comply with State and Federal regulations
requiring electronic submittal (DMRs and eDMRs). We have included the details required to
implement the eDMR program in this permit [see permit Section A. (4.)].
For more information on eDMRs, registering for eDMR submittal, and obtaining an eDMR
user account, please visit DWR's webpage:
httR:Hportal.ncdenr.org/web/ /admin/boWi u/edmr
For information on EPA's proposed NPDES Electronic Reporting Rule, please visit EPA's
website:
hq://www2.eva.gov/compliance/proposed-npdes-electronic-r"epo tin > -rule
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 Resources. The
Division may modify, revoke or re -issue this permit. Please note that this permit does not affect
your legal obligation to obtain other permits required by the Division of Water Resources, the
Division of Land Resources, the Coastal Area Management Act, or permit(s) required of any
other federal, state or local government.
If you have questions, or if we can further assist you, please contact Joe R. Corporon, L.G. at
[_ioe.corporon@ncdenr.gov] or call his direct line (919) 807-6394.
Re ectfully,
Linda Culpepper
Enclosure: NPDES Permit NCO079090 (issuance final)
hc: Central Files
NPDES Program Files
ARO / SWPS, Landon Davidson
ec: ARO / SWPS, Landon Davidson; Tim Heim;
OCU, Maureen Kinney
US Fish & Wildlife: Tom Augspurger [tom_augspurger@fws.gov]
Permit NCO079090
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
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 lawfal 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, 11, 111 and
IV hereof
This permit shall become effective March 1, 2018.
This permit and authorization to discharge shall expire at midnight on November 30, 2022.
Signed this day February 14,E 8.
da Culpepper, Interim Directo
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 6
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. ten (10) working days prior to startup, notify the Asheville Regional Office (828-296-4500), and
submit a change of ownership form to the Division; then
3) 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.
Page 2 of 6
Permit NCO079090
Part I
A. (l.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
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, monitored and
reported' by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
[Parameters Codes]
LIMITS
MONITORING REQUIREMENTS
Monthly I Daily
Average I Maximum
Measurement
Frequency
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
N113 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
POa
00660
Monitor & Report
Quarterly
Grab
Effluent
1. The Permittee shall submit Monthly Discharge Monitoring Reports (DMRs) electronically using
DWR's eDMR electronic submittal system [See Section A. (4.)].
Conditions:
• See permit Special Conditions, see (A. (2.) and A. (3.).
• The Permittee shall discharge no floating solids or foam.
• Effluent samples shall accurately represent the physical and chemical character of the discharge.
• The permittee shall dispose production solid waste(s) in an environmentally safe manner
utilizing methods and agronomic rates, either by proper land application or other, consistent
with local, State, and Federal rules and regulations.
A. (2.) PERMIT REOPENER CONDITION
[G.S. 143-215.3(a)(2)] and/or [G.S. 143-215.66]
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.
Page 3 of 6
Permit NCO079090
A. (3.) PRODUCTION -LIMIT CONDITION
[G. S. 143-215.1(a)]
The Permittee shall construct no additional facilities to increase production without prior approval
by the Division.
A. (4.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and
program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on
December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Rea uirements f Supersedes Section D. (2.) and Section E._(5_La0l
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the state's
eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements may
be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3)
or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the
mailing address above. See "How to Request a Waiver from Electronic Reporting" section below.
Page 4 of 6
Permit NCO079090
Regardless of the submission method, 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.
Starting on December 21, 2020, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time
of each electronic submission. The permittee should use the EPA's website resources to identify
the initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to implement the NPDES program) that is the designated
entity for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link .to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Information on EPA's NPDES
Electronic Reporting Rule is found at: htt ://www2.e a. gov/com liance/final-national- ollutant-
dischar e -elimination -s stem-nl-ides-electronic-reporting-rule.
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above.
3. How to Request a Waiver from Electronic Re ort'
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing to
the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring
data and reports shall be submitted electronically to the Division unless the permittee re -applies for
and is granted a new temporary electronic reporting waiver by the Division. Approved electronic
reporting waivers are not transferrable. Only permittees with an approved reporting waiver request
may submit monitoring data and reports on paper to the Division for the period that the approved
reporting waiver request is effective.
Page 5 of 6
Permit NCO079090
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page:
http://dpq.ne.gov/about/divisions/water-resources/edmr
4. Signatory Rea uirements I Supplements Section B. 11. b and Supersedes Section B. 11. d
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part
II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II,
Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR
reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit
the following web page:
http://dpq.nc.gov/about/divisions/Water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall
make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
"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. "
5. Records Retention [Supplements Section A [6.11
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41].
Page 6 of 6
7.
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Coldwater Farms Inc.
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Coldwater Farms, Inc.
4765 Snowbird Road, Robbinsville
Latitude: 35'41'44" N State Grid / Q UAD: F4SW /Robbinsville
Longitude: 81' 07' 19" W Permitted Flow: Not limited
Receivi Stream: Snowbird Creek Stream Seement: 2-190-9-(15.5)
Stream Class: C -Trout Drainage Little Tennessee Basin
Sub -Basin: 04-04-04 HUC: 06010204
T North NPDES Permit NCO079090