NCG530047_Compliance Evaluation Inspection_20181203

NORTH CAROUNA -
ROY COOPER ErtviraramentrafOrrry
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER RECEIED/OFNR/DWR
Interim Director
DEC 12 2018
CERTIFIED MAIL#7015-0640-0005-8164-0582
RETURN RECEIPT REQUESTED Water Resources
Permitting Section
December 3, 2018
William Wilkinson
Grandfather Trout Ponds
10767 Highway 105 South
Banner Elk, NC 28604
SUBJECT: Compliance Evaluation Inspection and Notice of Violation with Intent to Enforce
NOV Tracking Number: NOV-2018-PC-0445
Grandfather Trout Ponds
NPDES Permit No. NCG530047
Watauga County
Dear Mr. Wilkinson:
On November 7, 2018, Kelli Park and Gary Hudson, of this office, met with you to perform a
Compliance Evaluation Inspection at Grandfather Trout Ponds. This type of inspection consists
of two basic parts: an in-office file review and an on-site inspection of the facility. The attached
EPA inspection form details the areas that were evaluated for this inspection.Violations and major
areas of concern observed from the inspection are described below.
1. It is a permit requirement to analyze the effluent from the facility annually for dissolved oxygen,
total suspended solids, settleable solids, and estimated flow. These records should be
maintained on site. At the time of inspection there were no records of sampling. Please get
the effluent tested immediately.
2. There was not a copy of the permit on site. Please print ,a copy of the permit and have it
available. It can be found at:
https://files.nc.qov/ncdeq/Surface%20Water%20Protection/NPDES/permits/General%20Per
mit%20NCG530000%20Final%202018.pdf
These issues represent deficiencies and violations of the facility's NPDES permit. Thus, this letter
is being sent to you as a Notice of Violation with Intent to Enforce. Please reply in writing to
this letter within 10 calendar days of receiving it. Your written reply should address each of the
noted deficiencies and provide a corrective action plan'along with an implementation/completion
schedule to remediate them. A review of your response will be considered along with any
additional information provided.
Please be aware that violations of your NPDES permit, or the NC statutes and regulations under
which it is promulgated, are subject to fines of up to $25,000 per day, per violation, as set forth
D.E4:16
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W.Hanes Mill Road,Suite 300 I Winston-Salem,North Carolina 27105
336-776-9800

Grandfather Trout Ponds CEI November 7,2018 �}y
in NC General Statute (NCGS) 143-215.6A, Enforcement Procedures, Civil Penalties. If we do
NOT receive your written reply within 10 calendar days of your receipt of this notice, we may draft
an enforcement case for the noted deficiencies/violations.
Your immediate attention is greatly appreciated. If you have any questions regarding the
inspection or this report, please contact Kelli Park or me at [phone] or by email at
kelli.parkancdenr.gov or sherri.knight(a ncdenr.gov.
Sincerely,
©P ;YY L
Sherri V. Knight, P.E.
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosure: EPA Water Compliance Inspection Report
•
cc: Central Files
WSRO
NPDES"Unit
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United States Environmental Protection Agency Form Approved
EPA Washington,D C 20460 OMB No.2040-0057
Water Compliance Inspection Report
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
1EJ 2 [I_ I 3 I NCG530047 111 12I 18/11/07 117 18 I I cI 19 I 201 I
21 I I I I I I_ I I I I I I I I I I I I I 1 I I I I I I I I 1 I I 1 I I I I I I I I I r6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved
67 I I 70 I I 71 I I 72 N I 73 I I I74 751 I I I I I I 1l80
Section B Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number) 01 OOPM 18/11/07 18/06/21
Grandfather Trout Ponds
Exit Ttme/Date Permit Expiration Date
Hwy 105
02 OOPM 18/11/07 21/03/31
Banner Elk NC 28604
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
///
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
William L Wilkinson,362 Chinkapin Ridge Rd Seven Devils NC 28604//828-963-5098/
No
Section C Areas Evaluated During Inspection(Check only those areas evaluated)
1. Permit IN Flow Measurement • Operations&Maintenance II Records/Reports
Self-Monitoring Program MI Facility Site Review II 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
Gary Hudson Division of Water Quality//336-776-9694r
Kell'A Park,, „ „ WSRO WQ//336-776-9689/
f[/VI�Jt/C)Il►gt`� 12 f�.IZ Ig
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers / Date
AeLeAAL 12-11,tij ) 8/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete
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t
NPDES yr/mo/day Inspection Type 1
31 NCG530047 111 121 18/11/07 I 17
18 I I
Section D Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
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Permit: NCG530047 Owner-Facility Grandfather Trout Ponds
Inspection Date: 11/07/2018 Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? • ❑ ❑ 0
Does the facility analyze process control parameters,for ex MLSS, MCRT, Settleable 0 ❑ II ❑
Solids, pH, DO,Sludge Judge, and other that are applicable?
Comment- The area around the three trout ponds appear to be well maintained.The water in the ponds
appears clean as well.
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? • ❑ ❑ El
Comment: There was not a current permit on site It is a permit requirement to have this document on
site, please print one and have it available.There was a copy of the certificate of coverage.
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? ❑ ❑ II ❑
Comment: The path to the effluent is properly maintained.There were no solids or debris seen in the
effluent.Any solids that have settled before reaching the Watauga river are dug out about
every 2 years, according to the permittee.
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? ❑ • ❑ ❑
Is flow meter calibrated annually? ❑ ❑ • ❑
Is the flow meter operational? ❑ ❑ • ❑
(If units are separated) Does the chart recorder match the flow meter? ❑ ❑ • ❑
Comment It is a permit requirement to have an estimated yearly flow.There was no documentation of
flow. Please begin to keep record of the yearly flow.This will be evaluated during future
inspections
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ❑ NI ❑ ❑
Is all required information readily available,complete and current? ❑ • ❑ ❑
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Permit NCG530047 Owner-Facility: Grandfather Trout Ponds
Inspection Date: 11/07/2018 Inspection Type: Compliance Evaluation
Record Keeping Yes No NA NE
Are all records maintained for 3 years(lab reg. required 5 years)? ❑ U 0 0
Are analytical results consistent with data reported on DMRs? 0 ❑ ❑ •
Is the chain-of-custody complete'? 0 II ❑ ❑
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'? 0 ❑ III ❑
Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ • 0
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator 0 0 1111 ❑
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'? ❑ ❑ • Cl
Is the backup operator certified at one grade less or greater than the facility classification'? ❑ ❑ • ❑
,
Is a copy of the current NPDES permit available on site'? ❑ • ❑ ❑
Facility has copy of previous year's Annual Report on file for review'? ❑ ❑ 1111 ❑
Comment It is a permit requirement to measure the total suspended solids, settleable solids, and
dissolved oxygen annually.These records must be kept on site for inspectors to review
There were no records on site of sampling these parameters.
Kelli was told that Water Quality Labs may have this information Kelli called them and they
only had records of settleable solids and total suspended residue from 2015
Please become familiar with the permit requirements and begin yearly monitoring
immediately. Send the results to Kelli Park as soon as possible.
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