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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. ST B A'uL' r — �i -hraS E . 212 :, `._ ,_ —EeM ` � � r.- �� � --� � • . �r� r/ •1'r _ Lake Santeetlah (, ,'� 9.+ 477 J + ken 200 Eli, "l�� �- -_. -� f •� -_� ll �. �� j r. �.y to , Snowbird Road, Cherohala Skyway 'D�bsekn : Lk '364 f ,r- ► • -� — .e _ Coldwater Farms Inc. + i l s'—: ! i Snow Mf Snowbird Creek Outfall 001 (flows NE) N (flows south) t L�'` a - +C �, 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