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HomeMy WebLinkAbout61-16_1_Redacted I V&partmentotEaW ry a. Hr�ffly, LLL • 1 I I Aim ■ Complete items 1, 21 and 3. A. Signature ■ Print your name and address on the reverse X Agent so that we can return the card to you. 4 Addressee ■ Attach this card to the back of the mailpiece, ,B• Received by(Printed Name) C. Date/q,f Delivery or on the front if space permits. sk l-15 3 w 1. Article Addressed to: _ _. _ D. Is delivery address different) m Item t? L_I Yes If YES, enter delivery address below: ❑ No MR TODD MICKLEBOROUGH THE QUARTZ CORP PO BOX 309 e SPRUCE PINE NC 28777 fI I i II I IIIII I III III I I I I III III II III I II!I I I I I�l III �odsgu Lla�sa Adult rm Restricted Delivery Registered Mail Resakta 9590 9403 0730 5196 3112 76 certified Mail® Delivery VC edilled Mall Restricted Delivery KReturn Rdoelpt for Colect on Delivery 6 Merotlandise 2. Article Number (rrarrs(er/rom service label) ❑ Collect on Delivery Restricted Delivery Signature Confirmation^' Mail ❑ Signature confirmation ? 013 2630 0001 8998 9686 .1 Mall Restricted Delivery Restricted Delivery PS Form 3811 , April 2015 PSN 7530-02-000-9053 (� �� /(,p _ - Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• NORTH CAROLINA DEPARTMENT OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH NC 27699-1612 1740-7401 USPS TRACKING# t9 ;grit [,,, h 959� 9403 073� Sh96 3112 76 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME A � r I 2. MINING PERMIT # (r 1- � (✓ 3. OPERATOR 4. COUNTY IN I , I rr,i 1 5. ADDRESS .� �• i''� �/ %r . 6. PERMIT EXPIRATION DATE 711101 11 I 7. RIVER 13ASIN 8. Person(s) contacted at site + rr I)i. Nrl- 9. Was mine operating at time of inspection? ❑ Yes p No a 10. Pictures? ❑ Yes U'No 11. Date last inspected: 11 / i , / / 'S 12. Any mining since last inspection? ❑ Yes O No 13, Is the mine in compliance with the Operating Conditions of the Permit? O,Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes O'No If no, explain: . Ix 15. Did any of the above deficiencies result in offsite damage? ❑ Yes O No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: /I a 'n N/n,� Puy l+r l /-(r t tie bl i , r In hn, n( _ Ir i•. r 1 , � rs ✓ . o, r' i- 11'- ( iV. A II j r 111� 1'; 1�fVV 18. Is the Annual Reclamation Report +/-map accurate? O-Yes ❑ No (Explain) ❑ Not Reviewed RECEIVED 19. Follow-up inspection needed? ❑ Yes O No cr i to iv Proposed date /--/- 20. No. of additional pages of Inspection Report i 2L. CaANGf6LCK Acnt to operators / +. /r ' / �A(IG 4 MINING PROGRAM (date) INSPECTED BY: �P o w l s h DATE 17 / ( / )T Telephone No: (( d White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section NMNE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME n " 2. NE NING PERMIT # 3. OPERATOR 4. COUNTY :. 5. ADDRESS - 6. PERMIT EXPIRATION DATE t 7. RIVER BASIN 8. Person(s) contacted at site k 9. Was trine operating at time of inspection? O Yes O No 10. Pictures? ❑ Yes Tj No 11. Date last inspected: / / 12. Any Mining since last inspection? O Yes O No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Ye O No I Tf,... ..,..t.'.. f III 15. Did any of the above deficiencies result in offshe damage? ❑ Yes ,O No If yes, describe the type and severity of the damage: RR y Et -- SEP 1 K &A14 16. Corrective measm'es needed and/or taken: All M 17. Other recommendations and comments: / ::; !' n 4 ,p b n k . ' t : t , 18. Is the Annual Reclamation Report +/-map accurate? O'Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes ,In No, Proposed date / /-• 20. No. of additional pages of Inspection Report= 21. Copy of Report sect to operator / 1 - (date) INSPECTED BY: DATE I / / 1 Telephone No: white copy ro file Yellow copy to operaror Pink ropy to Mining Spendin 10/97 I I North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section RECEI\/EPl MINE INSPECTION REPORT SEP 15 2014 ❑GIPERMITTED M I NE SITE ❑ UNPERMITTEDM UMT&AUTY I 1. MINE NAME: I��i 1 ! r>s 2. MINE LOCATION: MINING PROGRAM 3. COUNTY: iT ♦•- 10 n 4. RIVER BASIN: 5. CASE: 6. OPERATOR: 'D,6 1a0rtl 111 ,' llA 7. ADDRESS: tk r 1 t ' it°7 itiv/./ 151 L. ) try 8. MINING PF,RMrr#: ;n I I t. -❑ N/A 9. PERMIT EXPIRATION DATE: N/A 10. PERSON(S) CONTACTED AT SITE: 1 ref (- 11. PICTURES? ❑ Yes ❑ No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size ofaffected land: me. (attach -etch map) 2. How was this area measured? Measured by: ❑� B. Routine Inspection (Permitted Mine Sites) []C. Follow-up Inspection 13. Date of last inspection: �� L 7 14. Any mining since that date? Yes No If yes, cite evidence of such mining activity: 15. Was mine operating at time of inspection? ❑ Yes R No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? E9. Yes Ll No N/A If no, explain: 17. Is the mine in comphaacc with the Reclamation Conditions of the Permit? ❑ Yes ❑ No L N/A If no, explain: 18. Is there any oft-site damage? A. Yes B. "No C. Lj None observed If A, describe the type and severity of the damage: If 13 or C, is there potential for offsite damage? Lj Yes 1-1-No Explain: 19. Corrective measures needed and/or taken: 20. Other recommendations and comments: / t. i I h 41 r.I 1_7 n u9 k t 1 h i t i 11 i , i . 'I' 111/'0 /164 21. Is the Annual Reclarrution Report! +/- map accurate? "Yes ❑ No (Explain) Not Reviewed ❑ N/A 22. Follow-up inspection needed? ❑ Yes r'No Proposed date 23. No. of additional pages of Inspection Report 24. Copy of Report sent to (operator . )J2 /t ' ! INSPECTED BY: �IAn V)-// I.,li�Lf L DATE C A Il'i Telephone No: iG 741 r r Copy to file Copy to operator Copy to Mining Specialist ROY COOPER cowrror vo NCO MICHAEL S. REGAN er,e,ary Energy.Mineral 8 TRACY DAVIS Lonu rc , ,,eauurees oirrnor crvinonncn.0 oo<urr December 1, 2017 Peggy Dortch The Quartz Corp, USA PO Box 309 Spruce Pine, NC 28777 RE: Mining Permit No. 61.15 Altapass Mine Mitchell County Dear Peggy Dortch: This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS§74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of$400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017—see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the$400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms, Judy Wenner, Assistant State Mining Specialist, or me at (919) 707-9220. SSinncc/eerrely, William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR sm of North Q,rdina I Devi mern:.l Qllflilly I Enern.Wn al and Land W¢ u,cts 512 N.Saii hury Street I Ib12 M.NI Servitt CMt r I Weigh,M1'onh Gralino 27b 91612 4197079200 ROY COOPER S MICHAEL S. REGAN KC Se[Mary TRACY DAVISI oaxror Energy,Mineral& Land Resources ENVIPONNENTAL DUALR August 30, 2017 _ CERTIFIED MAIL RETURN RECEIPT REQUESTED 7015 0640 0007 9832 9690 Mr. Todd Mickleborough The Quartz Corp PO Box 309 Spruce Pine, North Carolina 28777 Re: Altapass Mine Mining Permit No. 61-15 Mitchell County French Broad River Basin Dear Mr. Micklebdrough: We have reviewed your letter of August 24, 2017 in which you requested an extension of - time to respond to the Department's request for supplemental information regarding the renewal of the referenced permit. The extension request is hereby granted for three month. Should the Department not receive a complete response to its March 1, 2017, 2005 request for additional information by December 15, 2017, a decision shall be made on the renewal based on the information currently on file. If the renewal is denied, your company will be required to submit a new mining application to resume mining activities at this site or will be required to complete all reclamation at the site by February 19, 2019. Your attention to this matterwil! be greatly appreciated. If you should have any questions, please contact me at (919) 707-9220, Since Judith A. Wehner Assistant State Mining Specialist cc: Ms. Shawna Riddle SGtt of Notl6(brvM1na EnNronmpnlelQuality I Enmgy.MinaMJ aid and Il Wlx'Us SQ N.SallsWrykrcet IbL Mdl Se919 i019 OI P 19h Nd hCW011na?M 9'1612 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A Signature Item 4 If Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse X ❑ Addressee so that we can return the card to you, li Received by (Printed Name) Date df Delivery ■ Attach thls card to the back of the mailpiece, Q, / _ ' or on the front if space permits. l Y D. Is delivery address different froln item i? ❑ Yes 1. Article Addressed to: It YES, enter delivery address below: ❑ No MR TODD MICKLEBOROUGH THE QUARTZ CORP PO BOX 309 3. Service Type Certified Mail ❑ Express Mail SPRUCE PINE NC 28777 A Registered Return Receipt for Merchandise ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article ensferNumber s 7015 ( 0640 00071 98.32 � 9690,F_ , Ransfer from ervlee IabelJ PS Form 3811 , February 2004 j—j e.Domestic Return Receipt �_ �� �� 1o2see o24A-1s4 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS 111111 Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NORTH CAROLINA DEPARTMENT OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH NC 27699.1612 1740-7401 Bit r+ril#rr life r.rrrrrrrnnr.,.ir,rtr.,rirr,r,rihvrPIrr))li Wehner, Judy From: Riddle, Shawna Sent: Tuesday,August 29, 2017 3:00 PM To: Wehner, Judy Subject: RE: Altapass Mine Judy— I am goad with granting them an extension. Can we give them 3 months instead of 6? Thanks Shawna Shawna Riddle Environmental Senior Specialist Land Quality Section N. C. Dept of Environmental Quality 828 296-4500 Phone 828 299-7043 Fax Shawna.Riddle(@ncdencgov 2090 US Hwy Swannananoa, NC 28778 y, - ^ Nothing Compares-..,_ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Wehner,Judy Sent:Tuesday, August 29, 2017 2:29 PM To: Riddle, Shawna <shawna.riddle@ncdenr.gov> Subject:Altapass Mine Are yyyyou ok with granting the extension? How long do you recommend? 1 r � r7 �°� 61rl 4*ECEIVED AUG 29 2917 THP 1ANr- 01itI ITV QUARTZ'" MINING PROGRAM CORP August 24, 2017 Judith A Wenner Assistant Mine Specialist, Land Quality Section Division of Energy, Mineral and Land Resources, NCDEQ 1612 Mail Service Center Raleigh, NC 27699-1612 Subject Altapass Mine Permit renewal extension request Permit No. 61-16 Mitchell County, French Broad River Basin Dear Ms. Wenner The Altapass mine requested a permit renewal earlier this year and with this letter request an extension of the time allowed to answer your request for information. We had communicated earlier that we were in the process of reworking our stormwater controls and Shield Engineering is performing this task for us but the process is taking more time than originally thought. To add to the above we have had two management changes at this location this year and have also made the decision to clean the sediment from the grassy Creek dam which supplies our process waters. Moving the core of our business into more refined processes and quality demands a cleaner water supply. We are applying to the USACE and NCDEQ for the required permits and expect these permits to take up to 6 month to be approved. This dam cleanout will require excavations for the disposal of the materials from the clean out process. Getting equipment to the dam for the clean out may require road and additional land acquisition. We respectfully ask for the permit to remain in effect until we can get these issues addressed and worked into the new permit. We intend to have all issues addressed in 6 months, and request an extension of the response time. If you have any questions please call me at 828-467-6673. Sincerely, Todd Mickleborow The Quartz Corp CC: FEC&TM K-T Feldspar Corporation The Feldspar Corporation P.O. Box 309,8342 Highway 226 South P.O. Box 99, 797 Altapass Road Spruce Pine, NC 28777 Spruce Pine, NC 28777 Phone: 828-765-9621 Phone: 828-765-5500 Fax: 828-765-6304 Fax: 828-766-2110 KClaci v L.�, AUG 29 2017 NANO UuALITY MINING PROGRAM P NC®ENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director Pat McCrory, Governor June 3, 2013 John E. Skvarla, III, Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1 300 0000 1 126 3574 Ms. Peggy Dortch The Quartz Corp., USA PO Box 309 Spruce Pine, North Carolina 28777 RE: Mining Permit Nos.61-01, 61-02, 61-06, 61-16, 61-17, 61-18 Mitchell County French Broad River Basin Dear Ms. Dortch: Yni it request to have the corporate name changed on the above referenced mining permits from The Feldspar Corporation and K-T Feldspar Corporation to The Quartz Corp, USA is hereby approved. As we have received the required surety in an amount sufficient to cover these operations, I am enclosing new cover sheets for each updated mining permit. The permit number, expiration date and mine name shall remain the same as before this corporate name change. Please attach this approval letter to your existinn mining permits for future reference. Please review the cover sheets carefully and notify this office of any objections, questions or corrections that may need to be addressed. I have also enclosed Surety Bond No. 82192891 for The Feldspar Corporation (issued by reaerai insurance Company) for your di.crn ,_Sa.l. We haVe ncepted the rider _ for Surety Bond No. 81924857 (also issued by Federal Insurance Company) to change the name on the bond from K-T Feldspar Corporation to The Quartz Corp, USA. This surety bond will now serve as the blanket bond for all of the above referenced permits. In addition, enclosed is a revised page 11 for the recently modified Pine Mountain Mine permit no. 61-06. Operating Condition No. 12E has been corrected to reference the adjacent Hawkins Mine (61-04) rather than Buna Mine (61-05). 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-Telephone 919-707-9220/FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina 27604 -Internet:htip;lloortal ncdenr.orQlwebllrlland Quality r"n Lquai opporiuniiy i Alhirlimattive Action rErnployer—J w neGydeU 4!on%Post Consumer raper Certified Mail - Ms. Dortch Page Two Thank you for your cooperation in this matter. If you should have any questions, please contact Ashley Rodgers, Assistant State Mining Specialist, at (919) 707-9220. Sincerely, li L 7re.J - _i(;r.;�. - J4net S. Boyer, PEl State Mining Specialist Land Quality Section JSB/ar Enclosures cc: Ms. Shawna Riddle, ARO Ms. Shannon Deaton -WRC, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures File L DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, 'The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations ��J re1r►ussiU13 is rie1CUy graii�cU tu: The Quartz Corp, USA Chalk Mountain Mine Mitchell County - Permit No. 61-01 for the operation of a Feldspar/Mica/Quartz Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 3, 2018 z Ur-r-MR II Mr-1-1 I Vr CIY V IRVNIVFCNT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: The Quartz Corp, USA Wiseman-Sullins Quarry Mitchell County - Permit No. 61-02 for the operation of a Industrial Minerals Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and,restoration. MINING PERMIT EXPIRATION DATE: March 20, 2017 DEPARTMENT OF ENVIRONMENT rAiIVA.F ivATURrn" RESOURvES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted 0: The Quartz Corp, USA Pine Mountain Mine Mitchell County - Permit No. 61-06 for the operation of a Feldspar Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: December 17, 2013 Y Page 1 1 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral, and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3, verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established E. No additional waste may be brought onto this site from the adjoining mine permit no. 61-04 or added to the area known as "Pine West Dump." The existing waste pile (Pine West Dump) shall be stabilized as indicated on Sheet MP-4, received by the Lan-1 Q uallty Section oft Septeiviber 4, 2012, an-a' in the report of Geotechnical Design Recommendations for Slope Remediation° sealed by Bernie Kessel, PE, and received by the Land Quality Section on April 10, 2012 (along with the supplemental report of Geotechnical Recommendations for Slope Remediation from Kessel Engineering Group dated April 5, 2013). All recommendations provided in the above referenced reports shall be followed. 13. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES I AKinoiiAi ITY -g1=rT11nW PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, 'The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: TI ie Wual tz hior p, VJA Altapass Mine Mitchell County - Permit No. 61-16 for the operation of a Industrial Minerals Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION__DATE: February 19, 2017 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Tl e L..CLlclf LL CUr�J, VJN Pete Lawson Mine Mitchell County - Permit No. 61-17 for the operation of a Feldspar Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 9 2021 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Miming Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: The Quartz Corp, USA Beaver Creek Mine Mitchell County - Permit No. 61-18 for the operation of a Mica and Clay Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: January 5, 2022 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary August 27, 2007 Mr. Dennis Dzvonik The Feldspar Corporation Division of Zemex Corporation P.O. Box 99 Spruce Pine, North Carolina 228777 RE: Mining Permit Nos. 61-02, 61-16, 61-17 and 61-18 Wiseman-Sullins Mine, Altapass Mine, Pete Lawson Mine and Beaver Creek Mine Mitchell County French Broad River Basins. Dear Mr. Dzvonik: Your request to have the corporate name changed on.the above referenced mining permits from Zemex Industrial Minerals to The Feldspar Corporation is hereby approved. As we have on file the required surety in an amount sufficient to cover these operations, I am enclosing new cover sheets for each updated mining permit. The permit number, expiration date and mine name shall remain the same as before this corporate name change. Please review the cover sheets carefully and notify this office of any objections, questions or corrections that may need to be addressed. Since we also received your request to leave the permittee for Mining Permit No. 61-01, Chalk Mountain Mine, as The Feldspar Corporation, I have enclosed the $500,000.00 Irrevocable Standby_ Letter of Credit No. F845556 issued by SunTrust Bank for your disposal. Please-be aware that Mining Permit No. 61-17 expires June 18, 2009 and Mining Permit No. 61-18 expires November 23, 2009.. In order to continue mining operations at these sites, renewal requests must be submitted prior to said expiration dates. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 1 FAX: 919-715-8801 512 North Salisbury Street,Raleigh, North Carolina 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 1 10%Post Consumer Paper Certified Mail Mr. Dzvonik Page Two Thank you for your cooperation in this matter. If you should have any questions, please cont?ct Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574. Sincerely, Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality,Section F R Wljw Enclosures - irrevocable Stanaoy Letter of Credit ivo. r8845556 Mining Permit Cover Pages CC' Ms. Janet Boyer, PE Mr, Bradley Bennett-DVVQ, wienciosures Ms. Shannon Deaton -WRC, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures Mining Permit No. 61-01 Mr. Jerry Prosser— The Feldspar Corporation, PO Box 99, Spruce Pine, NC 28777 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES 1 AMn ril IAI ITV CGrTIr)M i�■wv yw�-a■..a ■ ■ vw ■ [v■w } PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: The MmIrlonmr r'nrnnrnfinn Wiseman-Sullins Quarry Mitchell County - Permit No. 61-02 for the operation of a Industrial Minerals Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters arrectea by tnis alining operation wall recerve tie greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: March 20, 2017 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: The Feldspar Corporation Altapass Mine Mitchell County - Permit No. 61-16 for the operation of a Industrial Minerals Quarry which shall provide that the usefulness, productivity and scenic values of all Ic111U5 c11fU WC11C15 cfllCl:lCU 11y/ LIIIJ IIIIIIIIlly UPWCMUFI VVIII receive LIIC greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: February 19, 2017 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES I AND Q1 JAI ITV AFrMON PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971,11 Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Tha Falrlcnar r.nrnnratinn Pete Lawson Mine KAhr+hall r nlrntij _ Dmrmit Kin R1_17 IVISL4 11\ 11 VWMIIl). - 1 V1I I111 I- V 1 . I for the operation of a C.I.I... i RA;.,..� eldsp i a Will is which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 19, 2009 t DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A.NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: The Feldspar Corporation Beaver Creek Mine Mitchell County - Permit No. 61-18 for the operation of a Mica and Clay Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected.by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: November 23,' 2009 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources I and rlimlifir Carfinn James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G, Ross Jr., Secretary June 19, 2007 Mr. Dennis Dzvonik Zemex Industrial Minerals PO Box 99 Spruce Pine, North Carolina 28777 RE: Permit No. 61-16 /Altapass Mine Mitchell County / French Broad River Basin Dear Mr. Dzvonik: 'Tour recent request to have the above referenced mining permit modified has been approved. The modification is to change the corporate name from The Feldspar Corporation to Zemex Industrial Minerals. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. The issuance of a mining permit and/or any modification to it does-not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations ` lies with you. As a reminder, your permitted acreage at this site is 109.41 acres and the amount of land you are approved to disturb is 16.99 acres. Please review the modified permit and contact Ms. Judy Wehner, Assistant Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, /Ioyvy/RWilliams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/jw Enclosures cc: Ms. Janet Boyer, PE Ms. Shannon Deaton - WRC, w/permit Mr. Bradley Bennett - DWQ, w/permit Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 !FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Onporlunh 1 Affirmative Ar_.iinn Fmpinyer-50%R".r_.yr_P.d 1 100/6 Pnst(':nngEimgr Pat)ar DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971 ," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to. Zemex Industrial Minerals Altapass Mine Mitchell County - Permit No. 61-16 for the operation of a Industrial Minerals Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: February 19 2017 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that rlflth onpratnrC hnvp rrmmnliarl With the rani rr reamnnfe of fkim I�Aininr Ar+ nnrl that #F. successor .r -r yr art. r nr rn ry r%-,L ar d oral the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond'or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications February_1, 2006: This permit has been modified as indicated on the mine map sealed December 12, 1995. February 19, 2007: This permit has been modified to decrease the affected acreage at this to 16.99 acres as indicated on the Mine Map dated January 2, 2007. June 19, 2007: This permit has been modified to change the corporate name from The Feldspar Corporation to Zemex Industrial Minerals. Expiration Date This permit shall be effective from the date of its issuance until February 19, 2017. Page 3 Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1 . Wastewater and Quarry Dewatering A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Fnvirnnmental Protectinn Anonrry nnrrll onfnrrarl by fhe of ((` Pn Arr,nmonfn1 'y—WJ V�V J VIil IIti 11lG1 Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Mine Map dated January 2, 2007 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. Page 4 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map dated January 2, 2007 and supplemental information received by the Land Quality Section on February 1, 2006, March 27, 2006 and January 5, 2007. C. No mining related activities shall occur within the areas labeled as "Non- Disturbed Future Excavation" on the Mine Map dated January 2, 2007 until a modification that Cnnfninc q ~unl.r u nvoM nro honeiiia or^ ion alA re 4.* NI VI IV'IVI v%, %,I VOI UJUIw en+a+'on control plan for said areas has been submitted to and approved by the Division of Land Resources. D. Al ornninn A .Jim.-.r.+ +roll lian's' L all L_ L�_at_J t- t[ r r v. F GI VOIVI I ailU jeUll l rGl lL cont VI plQl l�J f sE ICIrI UC SU{.11i IIllC{..� LU lfl ' vepartmenz for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of any pit expansion conducted after February 1, 1996 shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after February 1, 1996. Page 5 7. Surface Drainage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. B. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure t (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. IDA 10.0 V T u O j 2.0 2 :nfsrc . 2.0 1.5 - � t6 1.0 1.0 d 09� tl.3 G 0 5� 0.4 0.5 O.J 0.J Q 02 - tt 0.t 100 $Iasi Vibration F.equeney, Hz Figure i. ARertarivc ljra„Inc,< level r,..ifera (Source, moeXec JYom,, Ute 8- 7. ?V,'elu ofwill➢ez i251J 7; Page 6 B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/Ds)' D, = D W112 V = 160(%)-1.6 W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). nS_ = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. C. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower-flat response 134 peak 2.0 Hz or lower-flat response 133 peak 6.0 Hz or lower-flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U = 82 (D/W0.33)-12 To convert U (psi) to P (dBL): Page 7 P = 20 x log (U/2.9x10-9) Confined Air blast/Overpressure (dBQ for quarry situation: A = P - 35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or lensed by the mine operator (feet) P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives, maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Flyrock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. Page 8 H. FlVrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of exnln�ives on the mine site shall be suspended until the following actions have been taken: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. I. Studies: The operator shall provide to the Department a copy of the findings of any. seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 9. High Wall Barrier A physical barrier consisting of large boulders placed end-to-end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope constructed after February 1, 1996. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. Page 9 B. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11 . Plan Modification A. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change anv part of the mining; reclamation; or Prosionlsedirnent control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. B. No mining related activities shall occur within the areas labeled as "Non- Disturbed Future Excavation" on the Mine Map dated January 2, 2007 until a modification that contains a comprehensive erosion and sedimentation control plan for said areas has been submitted to and approved by the Division of Land Resources. 12. Refuse Disposal A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both) th)e Division of Vvaste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal. shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel Page 10 D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources rigor to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established 13. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is rnMniatgd and anhn,ro,led. 14. Bonding The security, which was posted pursuant to N C G.C, 74-5 1r1 the form of a I ; r �. _... .. $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 11 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Minina Permit. Additionally; the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided BV G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility f lidos d 10e .�.v � �� �.. uIv �./vpJIFJIII��I VI .�711UGA allU IJG consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. - Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation'to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 12 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Conditions Nos. 12.A. through vr.ZJ" - F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan prepared by Mr. Tom Freeman and submitted with the Renewal Application received by the Land Quality Section on February 1, 2006. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of complete on or termination of mining, Page 13 This permit, issued September 24, 1982 and renewed, modified February 1, 1996 and renewed and modified February 19, 2007, is hereby modified this 19th day of June, 2007 pursuant to G.S. 74-52. By: lT� James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources i - r b I 1 1- air ROY COOPER oPER Kro MICHAEL S. REGAN ecremrr 1. Energy.M(neral8 TRACY DAVIS Land Resources olrerrer ENVIRONMENTAL OVALTY March 1, 2017 Certified Mail Return Receipt Requested 7013 2630 9991 8998 9686 Mr. Todd Mickleborough The Quartz Corp PC Box 309 Spruce Pine, North Carolina 28777 RE: Aitapass Mine Mining Permit No. 61-16 Mitchell County French Broad River Basin Dear Mr. Mickleborough: We have reviewed the renewal request your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance - with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: 1. Provide an accurate longitude and latitude in decimal degrees to a minimum of four places, 2. Provide a larger scale map of the 16.99 acre affected area. Show the erosion and sediment control measures on the map. Update the map to show the current site conditions. Shaw the access points to the state maintained road. Clearly show the buffers along the creaks and water ways. 3. Properly complete the landowner section of the Land Entry Agreement. I am enclosing a new one for your use. d, Proving n reclamation plan showing the areas to be graded and seeded and the areas to be left as lake areas. Include cross sections of the final reclamation through the site. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application review progresses. SlmP ul'Nonh Carolina I :rvuonmmNl Quallly IIrmr�y.Atintrel an�LanA N[sour[e3 512 N.Salisbury Stmef 1 1612 Mail Samiue CCMpv I Weigh.NORM1 CA olma 37699,16P_ Certified Mail Mr. Mickleborough Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, INC 27699-1612 As required by 15A. NCAC 5B.0013, you are hereby ada,„ed that yo h� e 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. 4ncerely, J dith A. Wehner� Assistant State Mining Specialist Enclosure cc: Ms. Shawna Riddle I �Id'O1it*erow PER Kra M ICBA EL S. REGAN sY.elarr AN S. JAY ZIMMERMAN ob en." Water Resources exvlaalncrvuL QUALI IV February 13, 2017 MEMORANDUM TO: Ms- Judy Wellner Land Quality Section RECOVED FROM: Michael Baue10 FEB 14 2011 Ground Water Management Branch LAND QUALITY Division of Water Resources MININGIRROGRAM SUBJECT: Comments on the Mining Permit Renewal Request for: The Quartz Corp USA Altapass Mine Mitchell County Please find attached a copy of the mining permit renewal request for the above referenced project. The Altapass Mine located in Mitchell County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. However, if the mine starts to withdraw 100,000 gallons per day of water, they will need to re ig sler their water withdrawals with the Division of Water Resources on an annual basis. The registration form may be obtained from the following link: htipJ/www.ncwater.org/Perm its andRegistration/Water W ithdrawal_and_Tmnster_Registration. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.221-I. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surlace water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surlace water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April I for the previous year. If you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at (919) 707-9021 or email him atjohn.barr@ncdenr.gov. SweorNO C=H= IEmirmmminlQmlih N'eln Reswrtes 1611.Mailcrvim Coma I Ralelgr.NoM0IrcI nol7699.1611 919IN 9" ROY COOPER MICHAEL S. REGAN EGAN Enerov.Mtneraf& TRACY DAVIS Land Resources ENVIRONMENTAL GVAIm' January 31, 2017 qq MEMORANDUM TO: Mc Nat Wilson JAH 31 N11 Hydrogeology Group Division of Water Resources p1ySM OFMTERFIES J411-S FROM: Brenda M. Harris t Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for The Quartz Corp USA Allapass Mine Mitchell County ❑ Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by February 24, 2017 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. fbmh Attachments Cc: Mr. Stanley Aiken nothing Compares.... State of Mort Urelina I En.ircenmentaI Quart, I Enov,Mineral and Land Re5w¢es 512 N.Solkbury Utter 11612 Mall Service Center I Raleigh North Carolina 2Tr UO2 %9707 WOO � A YE , 0 North Carolina Wildlife Resources Commission 0 Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. Harris, Mining Program Secretary NCDENR, Division of Energy, Mineral, and Land Resources, Land Quality Section FROM: Andrea Leslie, Mountain Region Coordinator J,/W R,R . Habitat Conservation Program DATE: February 17, 2017 SUBJECT: Mining Permit Renewal for The Quartz Corp USA Altapass Mine, Mitchell County MP 61-16 Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the application to renew the permit for the Altapass Mine in Mitchell County. Our comments on this permit action are offered for your consideration under provisions of the Mining Act of 1971 (as amended, 1992; G.S. 74-46 through 74-68; 15 NCAC 5) and the North Carolina General Statutes '(G.S. 113-131 et. seq.). The presently permitted area is 109 acres, but presently, only 13 acres are active, which are used for a processing facility, including 10 acres of processing area and haul roads, 2 acres of stockpiles, and I acre of mine excavation. The remaining area is mapped as a future excavation area, but according to the application, this area has not been mined since 1951 and if it were to be activated, "Land Quality would be notified with details and plans before mine began." The processing facility is on the North "foe River, which is recognized by the NC Natural Heritage Program as the North Toe River/Nolichucky River Aquatic Habitat, a natural area rated Very High for the richness of rare species it contains. In the vicinity of the project, Sharphead Darter [Elheostorno aculicep.s, US Federal Species of Concern (FSC), NC Threatened] and Eastern Hellbender [Cryptohranchus alleganrensis, US FSC, NC Special Concern (SC)] are found. Further downstream,Appalachian Elktoe [Alasmidonta ravenelrana, US Endangered (E), NC E] is present. In addition, the North Toe River is a Public Mountain Trout Water, and a substantial number of anglers use this resource in the spring and summer. In order to protect Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919)707-0220 • Fax: (919) 707-0028 MP 61-16 Altapass Mine Page 2 February 17,2017 North Toe River,Mitchell County these resources, it is essential to employ excellent sediment and erosion control and stormwater martailement at the cite- Due to the lack of information provided in the permit renewal application,we cannot complete a review of this project. The map included in the packet is dated 2007 and does not map sediment and erosion control and stormwater management measures. In addition, it does not include the following elements required by the permit renewal application: width of all buffer zones, outline and acreage of all settling and/or processing wastewater ponds, location and acreage of all planned and existing roads and on-site haul roads, location and dimensions of all proposed sediment and erosion control measures, and location of 100-year floodplain and wetland boundaries. The North Toe River is on the 303(d) list of impaired waters for excess turbidity. Due to the proximity of the facility to the North Toe River (20-80 ft from the river), we concerned about the potential for loss of sediment and mined material to the river. Although a new stormwater permit (NCG020000) was granted in 2015, no information on stormwater management at the site is provided in the permit application. We urge the applicant to incorporate stormwater management recommendations made by NC Division of Water Resources staff during recent site visits. Thank you for the opportunity to review this permit action. Please contact me at (828) 558-601 l if you have any questions about these comments. ec: Andrew Moore, NC Division of Water Resources Allen Ratzlaff, US Fish and Wildlife Service Shawna Riddle, NC Division of Energy, Mineral, and I-and Resources Steve Fraley, NCWRC ® • MP61-16 Ahapass Mine Pagel February 17,2017 North too Rivcr, Mitchell County Seed Mixes for Revegetating Disturbed Sites Basic Mix Oats Mar-Jun Wheat lul-Nov orR Rye Dec-Feb 1-2 bags/ac $ 5-10 bay Red Clover Tri olimn ratense 10 Ibs/acre $ 3 ! Ib Creeping Red Fescue Festuca ruhru I 20 Ibs/acre I $ 2-3 / Ib -The Basic Mix can be sown on disturbed sites in the mountains and upper piedmont year round but spring or fall seeding will result in a better stand. It is important to use all of the components of the Basic Mix. The cover crop grain & legume provide rapid green-up while the creeping red lescue is developing.These components can be obtained locally. - Grains like oats, wheat, and rye may be sold by weight (pounds) or by volume (bushels). To simplify things, this mix recommends I — 2 BAGS of grain rather than pounds or bushels. With this mix, I bag or about 50— 60 Ibs per acre should be adequate for most sites, but where slope or soil conditions warrant, increase grain amounts to 100— 120 Ibs(use 2 bags). -The perennial grass will establish within the first year and is the key to good site Stabilization. Creeping red fescue has a wide range of adaptation when used for erosion control along roads and highways; cuts, fills,and other disturbed areas; and for stream and channel bank stabilization. It thrives in sun or shade,and is drought-resistant after establishment. For permanent seeding of harsh dry sites, Hard Fescue Fesvuca 10 Ibs /acre $ 3 / In brevi tila n. trach h lla can be added to the Basic Mix Application Notes - Disturbed sites with loose soils can usually be sown without extensive seedbed preparation if' seeded as soon as the other work is completed. - Where necessary, prepare seedbed with conventional farm equipment (tractor and disk), or the soil surface can be bladed and then tracked with a bulldozer. Hydro-seeding can be used with the Basic Mix for slopes where equipment access is difficult. - Red fescue is adapted to sandy and acid soils so extensive soil amendments are usually not needed. On poor and subsoil sites, a low nitrogen fertilizer such as 5-10-10 may be required. - If required, apply any necessary soil amendments, then drill or broadcast the seed mix. - The larger cover crop grains can be sown separately first and covered lightly to prevent loss of seed from wildlife such as turkeys and doves. -The rest of the seed mix should then be sown, but not covered with soil. It is better to firm the small seed into the soil than to try to cover it. - Culti-pack conventional seedbeds to ensure good seed-to-soil contact. Tracked sites will fill in on their own from rainfall. - Apply straw mulch at a minimum of 15 bales per acre to help enhance soil moisture as well as h01tl the SOtl in place until the 5¢Etl germinates. Use nigher rates as 51[e ContlltlOnS warrant. - II'the site calls for it, biodegradable natural fiber matting is recommended over plastic matting or matting that contains strands of plastic that can entrap small animals. 0 • MP 61-16 Ahapass Mine Page 4 February 17,2017 North 7'oe River,Mitchell County - Monitor the site until the perennial grass component is fully established. Mature stands of the Basic Mix are short-statured and will not require mowing. The seeded mix should persist for many years, but will eventually yield to developing successional species in the seed bank. Adding Native Species - Some projects specify a preference for native plant species or actually require their use. Native wildflowers and grasses can be added to the Basic Mix to beautify and diversify the site, and provide food and cover for wildlife such as wild turkey, bobwhite quail, and songbirds. T'lIe f'I I�.. �. t.III n..ta:. c . ot;— '—;. , that a— —" nr u— '—fnrn�— that 1-- h—, - 111 L.. LVLLO Lng 11MC VontainS IILAt— JI.J4:VL— L—L LILY ALL .Y 1-M-11 I--1ILIVIJ 11— —1V —11. used successfully on stream restoration areas as well as dryer upland sites. The first four wildflowers will come on well the first year; the three grasses may take two to three years to develop good sized clumps. -These seeds are reasonably priced as natives go and can be ordered from a reputable seed dealer. Using all seven will provide maximtun diversity as well as added site stabilization but any additions will be beneficial. For sources, refer to Wildlife Seed List at littp:HwwNv.nc%vildlife.org/Wildlife Species Con/WSC WPM.htm . - Mixes with native seed can be culti-packed or tracked in with a bulldozer; hydro-seeding is apparently not recommended. Mixes with mainly wildflowers can be sown in early fall. Note - when adding native Panicum grass seed, sow the mix in late fall, winter, or early spring to Subject the seed to cool, moist soil conditions necessary to break seed dormancy. Sowing during the warmer months may delay Panicum germination until the following year, and some seed may be lost in the interim. - For information on each native species listed here, visit http://plants.usda.govl; type in the scientific name in the search box. Note - adding natives will increase the height of the resulting stands, providing good wildlife habitat. Frequent mowing destroys food & cover and is not recommended. Mow once every few years, in late winter, only if absolutely necessary to remove encroaching woody vegetation. Native species—add to Basic Mix at 1-2 lbs 1 acre IiIaCK Eyed Susan Rudbeckia hirta $ 16 / ID Showy Partridge Pea Cluunaecrista Cassia asiculata $ 14 / lb Showy Bidens Biclen.s ari.stosa $ 16 / lb Lanced-leaved Cored sis Cored sis lanceolata $ 14 / lb Deerton gue Dicanihelhon Panicum cicnzclestinum Mop' $ 12 / lb Switch grass Panicum vir gatum `Blackwell', 'Cave-in-Rock', 'Kanlow' $ 8 / lb Big Bluestein Anciro 0 on gerarciii $ 10 / lb Wehner, Judy From: Riddle, Shawna Sent: Tuesday, February 28, 2017 4:21 PM Wehner, Judy Subject: Comments for Altapass Judy— ^p Comments— n fnt']I" S e a e om t is not date r com let . No recla a submitte . Map submitted was updated in 2007—needs to be current. State maintained road to access quarry is not shown on the plan —needs road name No details included, need current site conditions with measures shown. Thanks Shawna Shawna Riddle Environmental Senior Specialist Land Quality Section N. C. Dept of Environmental Quality 828 296-4500 Phone 828 299-7043 Fax Shawna.Riddle(Dncdenr.oov 2090 US Hwy 70 Swannanci INC 28778 -�Nothing Compares. . Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. \ 1 r Wehner, Judy From: Wiggs, Linda Sent: Wednesday, February 22, 2017 11:10 AM To: Wehner,Judy Cc: . Price, Zan (George); Riddle, Shawna Subject: Altapass 61-16 review Attachments: Mine 61-16 DWR review Comments.pdf; Mine 61-16 DWR REVIEW S H E ET.Altapass.2-2017.pdf Hi Judy, Attached is the DWR Review/Comments for the subject mine renewal application. I have been working with this facility for years now and when I say facility I mean the processing plant area; I have never been to the mine area, but understand it is inactive. I have been working with this site from all aspects related to water (stormwater, wastewater, sampling, illicit discharge, complaints etc.). I am not sure if you are aware of this but EPA has also been involved with this facility and continues to have involvement. Please feel free to call me after you read my comments so I can go into more detail explaining some of the comments I made. Thank you, arch GN� Environmental Senior Specialist— Asheville Regional Office Water Quality Regional Operations Section NCDEQ— Division of Water Resources 828 296 4500 office 828 299 7043 fax Email: linda.wiaeslb�,ncdenr.all 2090 lJ S. Hwy. 70 Swannanoa, N.C. 28778 -::�7"Nothing Compares..` Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties, 1 ARO DWR review on 2-17-2017, Comments: ALTAPASS MINE (and Processing Plant) - DEMLR PERMIT 61-16 RENEWAL REVIEW DWR staff, Linda Wiggs, reviewed the Quartz Corp Altapass Mine Application for Mine Permit Renewal, date stamped as received in the ARO Land Quality Section Feb 3, 2017. Information in the application package reviewed by DWR appears insufficient: Cover letter: The statement in the cover letter,from Quartz Corp (Todd Mickleborough) to Ms. Wehner, that there have been "no changes at the mine site" is likely given because the mine site is inactive. However, this permit (61-16) also includes the processing plant and there have been, and may be forthcoming, changes at the Altapass Road processing location.These may warrant DEMLR to consider a more complete submittal for this renewal. Page 3. B.2.j. and m. are items needed for a complete review and are not included. Page 5 "A table/chart must be provided on the mine map....[]". The number of affected acreage denoted on this table are questionable based on DWR staff last site visit. Page 6 C. 2. Incomplete. If the "see attached" is referring to measures such as 6.63 Sediment Basin with Rock Dam, comments include: no map, no maintenance schedule, and these type of structures observed at the process plant do not appear to be to the standards and specifications. They have been observed not functioning properly. The most notable improper function observed was piping along the bottom. Also these type of structures are not conducive to wastewater effluent sampling which is required at all of the outfalls at the processing plant. Quartz has attempted to put a pipe near the top of the rock dam for sampling, with limited success. Page 6 C. 3.a. Permit NC0000353 will be reviewed for renewal hopefully in 2017. There is a backlog in the DWR permitting unit and this permit has not been reviewed yet.This permit (NC0000353) only covers one wastewater outfall on this site, it is the discharge from their processing of the ore (Discharge 001: effluent form the wastewater plant). However, there are other wastewater outfalls associated with this site covered under NCG020818. Page 6 C. 3.b. A description of the "method of stabilization" for all of their outfalls seems warranted. Page 7 4. b. Quartz is currently using a chemical (Gorilla Snot) for dust (erosion) control that is not approved. They have been instructed to get the chemical approved or use one that is approved. Page 10 10. b. There is a public park downstream of this facility. DWR has received complaints regarding this facility. Note: The last proper sampling event known to have taken place from this site (Processing Plant outfalls 01, 05 and 06) exceeded the TSS limit of 25 mg/l; outfalls 01 and 06 were significant exceedances. This sampling event I am referring was performed by EPA. As I assume you are aware the EPA has inspected and sampled this site and this site is one that is under additional provisions according to the COC dated November 16, 2015. Five sampling events at the outfalls associated with the Processing Plant should have taken place since NPDES SW Permit NCG020818 was issued.- I checked with ARO DEMLR and they do not have any DMRs from this facility submitted. The CO Annual submittal is due March 1. Since the SW program is now in DEMLR, I will not receive this data. I will need to review this data upon submittal to complete my review. Print this rmm to PDF Retum PDF of this f M DEMLR CO by emeit cc DEMLR R ,DWR SPU. Sand a copy to the perminee. MINING PERMIT APPLICATION REVIEW FORM forthe DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR: Project Name: Altapass Mine DEMLRPermit# 61-16 County: Mitchell Applicant's Email: todd.mickleboro@thequartscorp.com PERMIT ACTION TYPE: Renewal YES NO Date Commencing �r rr Have land disturbing activities started? Date? rt r'( >1982 Latitude: 35. 90334 Longitude: -82. 06221 Please return comments to(at DEMLR CO): Judy Wishner Comments due by'. 212412017 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? UNKNOWN Comments: See Comment Sheet Attached. Comments specific to process plant area. Watershed/Stream Name & Classification: FrB/ North Toe River C Trout DWR Compliance Status of Mine: UNKNOWN, See Comment Sheet Attached Does this mine (or previous owner)have DWR back fees to pay? NO If yes, amount: Is this mine an active permit in DIMS? YES YES NO +'401t"WetlantllGeft MA r 401 Wetland Cert. existing? r( Permit#_ r(_ t�Ooes DWR ROfia4e enodghlinform''dtion tto,�� " '4 ermine.d,a401certdicationtis required?, r��A,a, f'r Is an O & M Plan needed? YES NO .Are w.,1e,ttlaa r dss es; a ttt+his site +. X No < he Plan[site. Does DWR RO suspect or know of nearby r r� X Not at the Plant site. wetlands to the site? — p r(JD ;(Is aywetlandAdeltneatton regwredprior to — tDWRtsswngthepermd7 �g%+`y�5 '@ IrConsultant r!tNA JrrOnsite? Rev September 2010 Pnnl firs form to POF Refum POF of room to DEMLR CO by email Lti DEMLR RO.O4Nt SPU Send a copy b the permftles. atOff5it60 `ny rya7.vA .y.. 41 1p yl a"m yiY .. w..._. . Yr".t15.�.tLC 3� rH "�t Ra •. IFH`S.^[S. r `^ a r �• y5r _ re'•Ix .� Stream Determination Needed? r(NA rl Stream Determmahon}Completed? a�.,;.` •3 'r�(NA :i} ' ..y r _— iy;4� 111. Does DWR RO need a statement that no There is UT piped under wetlands/streams are disturbed the plant that Quartz has r for this project from applicant? been instructed to trace. _;Buffer Deferminahon,Needed7 " r( �� �.,1 x . Buffer Determination Completed? r( r( ;''Recycle systemfpen_nd ezlsting? « h r(Permil# ` ,.,, ` yr Yx—._. '.. . 4rY'J New Recycle System permit required?` r r( rc Enough information to determine? P -.9 iJfindischarge°permitt eexistin �' r(Permit# x= fk rpyj,„ yy^> S:j r Permitte(Unkneown. Will wastewaters discharge to HQJV waters rc X 7010 must with a 7Q10=0? " Flow:>0 determine. 'l a Yv wy r k r( Has-Violationt .- t 1 �,. lca t O&M�Regmrements � 1 r #r I—( HQW/7410 COn Cem506 v. tr ^ p tT >• ( Payback fees Or renewuA� tA D`oeWDWR1regiilrejDEMLRtolhold the F tDWR permit 54 IipeMlt (e g, so,DWR eanSreWew)d furthehor X Othere., ti r(—` because DWR requlresymoreAmormatlon)? please descnbe`the reason to tholdtthepertnd ( i• -r. rcommentsheet attacnetl `' r �i 9, 1�1f„• rw t x r RO contact LindabWiggsS i"+ n I ' Jr e r tiro H8ld!Untll °S; IIs . n(r1*n+ rip, s. Mine must wait to dewater until an O&M plan is Fr ❑(NA approved? — •The NPDES SW and WW permit NCG020000 rovers closed-loop recycle systems, desiened fo exclude all stormwaterrun-afi from the system and operate at orb low Avo-mat of hoseeboato. Theses tams may be Permitted by a Non discha a Re le System Penn f from the Aouifer Protection Section(APS) OR may instead be permitted under NCGO20000 to eliminate an additional nonnil. Recycle systems that do not meet those criteria are cons demd dlschaming systems and are subject to the NCG020000 discharge permit. •Ko obtain 7010 Rows,permirees must contact the DWR Stormwater Pemrilfing Unit. if➢WR does not have a now estimate sure specific stream,permlbees will be asked to obtain one. Permillees should contact J. Curtis Weaver at the USGS:919571-4043, for more information on obtaining a 7010 flow. USGS will not determine a 7010 flow for tidally influenced wafer bodies. If there is not enough information to give a complete answer write in the space provided what you will need to answer this question completely I/tigifr ui D M R to hold the permituntil further noljce indicate that in the truesfion below. Rev September 2010 Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO,DWR SPU. Send a copy to the permittee. Reviewed by: DWR RO Surface Water: LWig_gs, ZPrice Regional Office: ARO Date: 2/17/2017 RO Aquifer Protection Section: Regional Office: Date: Rev September 2010 Wehner, Judy From: Riddle, Shawna Sent: Tuesday, February 21, 2017 4:02 PM Wehner, lu Su I 'I Subject: Air comm is 61-08A pass Attachments: 02212017, 62 - 022117.pdf Shawna Riddle Environmental Senior Specialist Land Quality Section N. C. Dept of Environmental Quality 828 296-4500 Phone 828 299-7043 Fax Shawna.RiddleOMden LOoy 2090 US Hwy 70 Swannanca, NC 28778 AM, lNothtng Comi t v ®® . Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 i MINING PERMIT APPLICATION REVIEW FORM for the n r } DIVISION OF AIR Qr�U�',ALITY �i Project/Number; PAS Nk Y� e / county: t Please return comments backk,to: `�1 `FTWI'Yti fMWr"'r Comments due by: Will the operation, /Jo op on, as proposed, violate slandar�is of air quality? 0 Comments: /✓o a ;i �mr �ssr . soNrres a-- r„aar,r,e YES NO Air permit required Air permit existing OP/ermit# P-00020 Other Comments: kr ac', '4Y ' a5 �._�� Reviewed by: L�ram` /✓��r(� Date: Z 21 -00107 Print Name: C� rS scext cenlnl Office Reviewer. Rey Dec 300E ,y� I,r�M1'ININLG CHECKLIST /1HEC IK�LISST� FOR ROUTING e Applicant's Name: IF $ IJ(1 nVVJ Z, l.� V't'� ProjectNaime: jallaOASYl�..0 r Applic./Perm'iitt�1No. 1p coma .. ."liene I Date Received: f 1 t p I Reoieoxr.-I W 14&._ River Rain Name: ❑ Nem Renmal ❑ Modification(imik permit houndmies) ❑ Modifuation(outside permit boundaries) ❑ Transfer ❑ throe ❑ PartialReleare ❑ Additiorudivfotvtatim ❑ FeeNeekd•$ per Received:$ /Oz Picase route amine ap dicatim pacbnge to: J� v/ n Reg vj)tce(r c9mpiemtunnon etmeto "Lej$RegiamirOffim o"Miningh connexion Re view L7ucYlin"mmempyedmmrhM61k0�Q�: WR°Mi "�Applimnon Renew Fmn'mlk other mpp,ud both mpiamtk Regioml ' Engineer) _• 'JJ{ g �,/ Date:Routed �'3 )' Reed 1G 7 ) h� ty' -Division of Water Reources Date:Routed Rec d t-.a [Jf NC Wi14 Resources Commission Date:Routed Reed C�G ❑ US Fish&WRdlife Service Date:Routed Reed `� / M (Only romappRrmima and modification.e thataad land to the pmadn) �,.♦ Please route rst nation and an location F 3 pages of the appl' y mops to: ❑ Division of PRIs Py Rareation Date:Routed Rec'd ❑ NC Geological Survey Section Date:Raced Reed ❑ Division of Marine Fisheries Date:Routed Reed ❑ Division of Soil it Water Conservation (plus LEA) Date:Routed Reed (Only new sppuatiom and vadifimmums request;that add Lord to the permit) ❑ DivlsionofArchivesir History Date:Routed Reed (Onlyxruapplvmim) ❑ Other. Date:Routed Rer'd •* Suspense Datefor Comments: slay (vo later than aq daysfiwn receipt) ❑ Please note the foRaaing: tri, � LIA q t — ROY COOPER Dove nor KC MICHAEL S. REGAN SkYR(nry Energy,Mineral& TRACY DAVIS Land Resources arecmr OVIPOHMENTAL QUALITY January 31, 2017 MEMORANDUM TO: Ms. Andrea Leslie Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for The Quartz Corp USA Altapass Mine Mitchell County Please find attached for your review a copy of the mining permit renewal request for the above Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2), Please respond by February 24, 2017 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PcrlUPN Al I eraPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these types is greatly appreciated. Please contact Ms. Judy Wenner at (919) 707-9220 if you have any questions. lbmh Attachments cc: Mr. Stanley Aiken --'' Nothing Compares, Slate of North Caroala I Environmental Quality I Energy.Mineral and Land Resources 512N_SallsburyStreet 11612 Mail Service Center I Ralel9h NoahCarolina2M99-1612 9197079200 ROY COOPER Governor ,u MICHAEL S. REGAN Secretary Energy,Mineral& T RA C Y DAVIS Director Lana Re5ourCes ENVIRONMENTAL QUALITY January 31, 2017 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris A;� r Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for The Quartz Corp USA Altapass Mine Mitchell County ❑ Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)}. Please respond by February 24, 2017 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments Cc: Mr. Stanley Aiken Nothing Compares--,-.- State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources 512 N.Salisbury Street 11612 Mail Service Center I Raleigh,North Carolina 2 769 9-1612 919 707 9200 THE QUARTZ CORP Cheque No. Date Vendor Vendor No. Spruce Pine, NC 8800014645 012512017 State of North Carolina V10283 Invoice Invoice Vaucher Gross Discount Net Number Date Number Amount Amount Amount ALTAPASS PERMIT I 01/182017 2017DON50 1,000.00 0.00 1,000,00 . 0 2017 P4IiJq�u f'RUG`*F.id TOTAL 1,00000 0 1'inmoo Wehner, Judy - From: Wehner,Judy Sent: Monday, January 30, 2017 2:06 PM To: Davidson, Landon Cc: Riddle, Shawna Subject: 61-16 DWR REVIEW SHEET 2013 Attachments: 61-16 DWR REVIEW SHEET 2013.doc Here's the review sheet for the Altapass Mine in Mitchell County. t PMI this Win to POP Return PDF or this form to DEMLR CO by email.cc DEMLR RO, DWR SPU. Send a may to the permlbee. MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR: Project Name: Altapass Mine DEMLR Permit# 61-16 County: Mitchell Applicant's Email: todd.mickleboro@thequartscorp.com PERMIT ACTION TYPE: Renewal YES NO Date Commencing r r F- - - Have land disturbing activities started? Date? r t r r >1982 Latitude: 35. 90334 Longitude: -82. 06221 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 2/24/2017 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? if yes, amount: Is this mine an active permit in RIMS? YES NO 401 Wetland Cert. required? f— (_ r�- 401 Wetland Cert. existing? r f Permit Does DWRf20 haveenaugh in`formationito rr rt determine iRa 40A certification is required? Is an O & M Plan needed? YES NO Are wetlands distwbed at this site? I— t r t Does DWR RO suspect or know of nearbv wetlands to the site? '_ 1' rt,io I I' Is a wetland delineation required prior td DWR issuing th' a peat.i47 l r rGorisiiltant r � I Yr! rrQnsite? Rnv RpV>mhor sm n Pdnt this torn to PDF Return PDF of thfs form to DEMLR GO by email an OEMLR RO, DWR SPU. Send a copy to the permiffee. r : a ,xI v ..� 3, i ( p t C5 eG , , itL I or Stream Determination Needed? r( r( Stream Deterrminatlon,;Compldiloolot,ed? 1 l 4,� •r( _s; « , °: v 1. "ra 'r ( ^ ' 1K21 r Does DWR RO need a statement that no wetlandslstreams are disturbed r( r( for this project from applicant?III I � Ruffer Detrrmmpaf nn NendeA;? a rlt I. .. r Buffer Determination Completed? f r F( r .,*Tx ' n '� 41 . •4' 7f 6 Recycle systemrpermit existing? V r(Permit # New Recycle System permit required?' I—( F- Enough information to determine? ,Non-dlschargepermlt exlsting? '`° ( (Permit# - irr y y' r(Unknown. Will wastewaters discharge to HQW waters r( r (7010 Permittee with a 7Q10=0? " Flow: must — determine. u - m , � l Has v/lolation r:Z. Requn'ementa •�y,1:lio r ( HQUV/7Q10 Concerns r � ` Does✓DWRtrequi_re,DEMLR to hold thei ; , r r Payback fees or renewo, 7. m.e. i. IDWR permli q ..•.t �—( r % "� c ;: perr'nit (eg soAWRlcan reviewrtfurtheror hecau`se DWR`iequuesemore ihformabon)7. r ( Other I- o.. I I Ili" ti; ,, „ Please,'iiescnbe the reason to e- x > ' hold the. ermR ° .x.a Ili " .r " 'ROtontact 1 , ,r a y r r -•�i m a" l:" t — f Holtl"Until n c f -i ""ine must v:a to dev:^ter unlit an O&M plan is r ( (- approved? — 'The NPDES SW and WW permit NGG020000 covers closed-loom mcvcle systems designed to exclude all stormwaterr in-off from the system and operate at or below two-feet of 6eeboard. These systems maybe permitted by a Non-dischame Recycle System Permit loin the Aouifer Pmtect'on Section IAPSI OR may instead be permitted under NCG020000 to ellminale an additional permit Recycle systems that do not meet those cdferta are considered dischamina sysfems, and am subiect to the NCGO20000 discharge permit. **To obtain 7Q10 flows, permittees must contact the DWR Stormwater Permitting Unit. If DWR does not have a Now estimate fare speciNc stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 How for tidally influenced water bodies. "'If there is not enough inlormatian to give a comolete answer, write in the space Provided what you will need to answer this question completely if you reauira OEMLR to hold the Permit until further notice, indicate that in the lineation below. R,,so mm h,.,on in Pdnl this Wm to POF Refund POF of this Farm to OEMLR CO by email.cc OEMLR RO. OWR SPU Send a baby to the Parmelee. Reviewed by: DWR RO Surface Water:_ Regional Office: Date: RO Aquifer Protection Section: _ Regional Office: _ Date: Rnv Snnmmhor 9a1n THE QUARTZ'" CORP February 13, 2017 REC �` �y.`• Judith A Wehner JAN 3 0 2017 Assistant Mine Specialist, Land Quality Section LANl,l OuALITY Division of Energy, Mineral and Land Resources, NCDEQ MINING PROGRAM 1612 Mail Service Center Raleigh, NC 27699-1.612 Subject Altapass Mine Permit renewal Permit No. 61-16 Mitcheh County, french Broad River Basin Dear Ms. Wehner Please find attached the renewal for the Altapass Mine in Mitchell Countv iorieinal and 4 cooiesl. Also attached is a check in the amount of$1,000.00 to cover the processing fees. The Quartz Corp request the mine permit be renewed for a period of 10 years. The Altapass mine has been inactive for years but the mine has not been fully reclaimed and the processing plant is located there. The application has been updated but the map is the same as the one sent with the last renewal due to no changes being made at the mine site. The original package has construction spec sheets as did the last renewal but the copies do not have these detail sheets If you have any questions please call me at 828-765-9621 Ex. 7857. Sincerely, .l,Q Todd Micklebo ugh The Quartz Corp CC: FEC&TM K-T Feldspar Corporation The Feldspar Corporation P.O. Box 309, 8342 Highway 226 South P.O. Box 99, 797 Altapass Road Spruce Pine, NC 28777 Spruce Pine, NC 28777 Phone: 828-765-9621 Phone: 828-765-5500 Fax: 828-765-6304 Fax: 828-766-2110 of,yrn4 W Application For Mine Permit Renewal For: The Quartz Corp A ltapass Mine Spruce Pine, North Carolina Mitchell County Plan Prepared by rrrElerkiciv) FnvI (-on �� I-LC PLICATION FOR A MINING PERMIT MINING FEESCHEDULE A nonrefunde bit permit application processing fee Mien fling fora new mining perm it.it major pe rut it modification urn remaaI permit is required as follasys: 0-25 acres 26+4icre$ New Permit Applications $3t750.00 $5;000.()0 Permit Renewals $750.00 $': Permit Renewals $750.Oi1 1 ,000.00 Transfers/Minor Modifications" $100.00 U0.00 ° A mnln'Idndahu Sltltl.11d larm'n appllvatuai pi ico,inh let i. retlalrcd for mlnur%mail rvatu canon.. Minor len ka;t 11,1141vvtlunr dulnde...6 if 'flip tnulafn'•. whine chaiamhund w hstautmm and intend rmeaal•ithen the mine i,merain and full% ndifnd. ,A mime hermit mtfidinnimr nl.n include,land,added if,it for inunj area. nrnlrh of then r npermit bo nu Rnnine relloirrvil..if pUm rnr nnnlnp rehed diafurhanre of[lie rt added wind, h:n a h npDrm ed. . d n w lhvr fe,inf% 'e W mat ninered nr perrail mndiicnlian.. .carer far nee%,wade and mama nl pennlis nears Ihe.taxi net naa at the aim .ter.I a nraior m..di4wa Gan offerai la nmmr That area fit land ntfnini he life unrddinition %%thin the unwanted mint area.rn am addHinnal land Ihni i,n he diqurMd and udthd car m rai.tine parimutil mu,if hatli. 19 . Table of Contents 1. Mine Permit Application 2. Vegetation Plan and Soil Report 3. Air, Water and Stormwater Permit 4. Blasting Plan & Procedures 5. Slope, barricade and Fencing Details 6. Construction Details ( Plant Copy only) 7. Location Maps 8. Mine Man 6l _ — — -- — — MineP ` q &M'e < arron I � lic 4 �j i . i sri ; sa g.. . . Y t APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) I. Name of Mine Alta ass Mine 'tchell River Basin French Broad - Latitude (decimal degrees to lour Lee 035-54-15.4056 Longitude (decimal degrees to to r places) 082-03-39.9075 2. Name of Applicant* The Quartz Co 3. Permanent address 1'or receipt of official mail** P.O" Box 309, Spruce Pine, NC 28777 Telephone (828) 765-5500 Alternate No. ( 1 04. Mine Office Address Altapass Road, Spruce Pine, NC 28777 Telephone ( 928 ) 467-6673 5. Mine Manager Todd Micklcboroneh We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. w»Siena)Lire `5. .7.�L.1 IU(w..YM//�. I�Lte nlh.eiJL 07 Print Namc Todd Micklebomugh Title Manager. Land and Mines * This will be the name that the mining peril will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. •• the Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Si mature of company o fficcr required. WS. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map. iA. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: X If this is an application for RENEWAL of a mining permit; indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 61-16 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 109.04 ❑ If this is an application for a MODIFICATION to a mining pennit, indicate the mining pennit number and the total (overall) acreage covered by the existing pennit. Mining Permit No.: Total pennitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F.of this application form entitled Notification of Adjoining Landowners). Ofthis acreage to be added to the pennit, will any portion of this acreage be affected(i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ Ifthis is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Alaskite Granite (Feldspar, Mica& Quartz) 3. Mining method: H Hydraulic Dredge X front-end .Loader& Truck❑ Shovel & Truck I]ragline & Truck ❑ Self-loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 2439 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Mean Sea Level b. Expected average depth of mine (feet) 2479 -2 - APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes X No ❑ If yes, when and by whom was this activity conducted? Beginning in 1948 'rhe Feldspar Co oration 6. Number of years for which the permit is requested (10 years maximum): 10 13. MAPS 1. Clearly mark and label the location of your mining operation on six(6)copies of 7.5-minute quadrangle and a county highway map. "these maps, in addition to six(6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5`' Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 littp://Pol-tai.licdeiil-.org/xvel)/Ii-/,eolov,ical home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation—Geographic Information Systems (GIS) Mailin, Address: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610 (919) 212-6000 litit)://ww\v.iicdot.org/it/gis/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along;with their corresponding(approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during;the ]life of the mining permit. Al I maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of.--way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. J. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. . o. Names of owners of record, both public and private,of al I tracts of land that are adjoining the mining permit boundary; i fan adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts,that are within 1.000 feet of the mining permit boundary, must be provided on the mine map. -3 - APPLICATION FOR A MINING PERM.I.T p. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse, railroad track,or utility or other public right-of-way. If an adjoining tract is owned or ]eased by the applicant or is owned by the lessor of the mine tract, narnes of owners of record of tracts aUjoini g these tracts, that are VVh tlhhl h,VVV heeL VI ULe Ihll1h711g perllLIL uvuuuaiy, iiIUaL ve provided on the mine map(s). NOTE: "Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: . Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale b. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of- person preparing map Map scales should meet the following guidelines: PLRMITTED ACREAGE MAP SCALE 0-49 Acres I inch = 50 feet 50-199 Acres I inch= 100 feet 200+ Acres I inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine ma that clearly lists the approximate acreage of tail ings/sediment . ponds, stockpiles, wastepiles, processing arc%aul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart 5i�i,ilar tG t he 'following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment fonds 0.06 Stockpiles 1.9 Wastepiles Processing Area/Haul Roads 10.0 Mine F.xcavation 1.0 Other (Explain) =otalrbed Acreage NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVII)ED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING AI)EQUATELY ADDRESSED ON THE MINE MAPS. _ 5 - APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart cimilnr to the fnllmvincr «rill lip arr antahl� CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0.06 Stockpiles 1.9 Wastepi les Processing Area/Haul Roads 10.0 Mine Excavation 1.0 Other (Explain) Total Disturbed Acreage NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM {PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5 - APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES l. Describe in detail the sequence of events for the development and operation of the mine and reference the en orrnzar.n !n !hn rnis-rn Attnrh AArJ;t;nnal chaatc ac n.-i-A-A The Altapass mine is inactive and has been since 1951, but is the site of the processing plant at present. If the mine were to be activated Land Quality would be notified with details and plans before mine began. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation(include specific plans,for sediment and erosion control,for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine maps) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. See attached 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water r---- 21--- n \f__ l7 11_ r� lr.-- - r_ ---_n 1_ _ - --I- - _11 _ --I- ----- ------ r_--I--_ _1_- �__.1_— 1-' - -r 1I[111C11111g( T CS A 1Vo U. 11 yes, DrIC11y C1C:S4r1DC:all SUC11 pru�:CSsCS 111C;1UU111g ally C;11C�1111WIN CU be Use& The Altapass Mine is the site of The Quartz Corp ore processing facility. Crushed ore is brought in from the offsite mines and processed at the plant. The ore is ground in rod mills, separated by wet floatation, dried and stored for shipping,and further processing. Common floatation reagents,acids, lime and flocculants are the chemicals used in the process. The site has a wastewater facility that treats the process water before it is released to the North Toe River. See attached Wastewater Permit b. Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to .1-" ---,_-`---- _CJ__ C.._�_h t�__ v IT �� r,- - r. r _!T .I._._..•t- .i. - -- ...1'.T- - .11.__T-.--.. .---.1I-_.-._ the waters of the Jlitle f Yes t\ IN U. y yes, vrlejly ues�cribe me run ure of the urschar-ge and ruccue all proposed discharge points (along ivith their method ofstahilization) on your mine map(s). The following are permitted discharges from the plant. site (see attached wastewater permit: Discharge 001 : effluent from the wastewater plant -6- APPLICATION FOR A MINING PERMIT c_ Will any part of the proposed mine excavation(s) extend below the water table? Yes X No ❑. If yes, do you intend to dewater the excavation(s)? Yes ❑ No X. If yes, what impact, if any,will mine dewatering have on neighboring wells? Estimated withdrawal rate in rrnlEnne nar rta�r• I nririo �rll oriclinrr uialle nn 1hn mien artnnlcf thnl liu Wiyhh) ... �.....,..., t..... .....�. .....,...... ..... ...........b ......., .....1,t.,� ...... .. ....... 500 reel orlhe proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. The old mine has an excavation that has filled with water since mining stopped. The plant and office complex is supplied with city water from the 'town of Spruce Pine. No wells are known to exist. r'I ii vnr� ancuJr�rr�rl —.7 vr-c to anv nr thra n1inva� nnr�ctinnc nrnvirtp t—LiMonrr- thai vnir linvo ann1;Pr-1 fnr or �.. .. �.,.. ..,..,....,...., J. .., ... ..... .....,,., �.............W, �.. ,..�... .,..�..,...... ...�.. ��,.. »r.t,.._.. .". .,. obtained the appropriate water quality permit(s)(i.e.,non-discharge,NPDES, Stormwater,etc.)from the Division of Water Quality, Water Quality Section. In addition,the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. See attached Permit 4. a. Will the operation involve crushing or any other air contaminant emissions'? Yes X No ❑. IF v(�s indicnto evidence that von hnve anniled for nr ohtnini-d an nir niinlity nermit is,,uerl by the Division of Air Quality or local governing body. See attached Permit b. I-low will dust from stockpiles, haul roads, etc., be controlled'? Mud Mats, wet suppression, water truck and by compliance with the attached air permit. -7 - APPLICA"PION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any minim permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways. berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance xri tjtin ti,P h ffcnr xrh ntcnnzrc.rl nr rnnzhinai-inn nftlk.till" ra arsc.nrlinn ennn thr cite rnnrtitinnc ATntr+ ... ..v vim...v. v•..0 wvv.....J.v. ...vv....J........v..v. ...�.I . ,.....tJ�. ..b�.f.�.. .......w..�......... ..... i.�.w that ail buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of25 feet is recommended,although a wider buffer may be needed depending on site conditions. Shotiv all buffer locations and Widths on the mine mali(s). A minimum 25" buffer will be maintained except where past (Pre-permit requirements) practice prevents. See Maps b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the minim; permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be.justil'ied. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? havtr all hirffer locations and ividihs on the mine rnap(s). A minimum 50" buffer will be maintained except where past (Pre-permit requirements) practice nrevPntc Cr'F Mnnc c- ... _.. ... r 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Rarrirnd" -Intl nr fi-nrina will he rmr-rl to nrevPnt niohlir nrrrscc See Attached Detail _ g_ APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, ►vasteliles, overburden . disposal areas, etc.), clearly indicating the intended side slope gradient, installation of airy benches and/or slope drains (With sarpporling design information) if needed, and the method of.filial See Attached c. In excavation(s)of unconsolidated(non-rock)materials,specify the angle ofali cut slopes including specifications for benching and sloping. Cross-sections for all cut slopes must he provided on the mine map(s). See Attached d. in hardrock excavations, specify proposed bench widths and heights in feet. Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes, ►vidths of all safely benches and mine benches, and the expected maximum depth of the excavation. See Attached 7. Describe other methods to be taken during mining to prevent physical hazard to an neighboring s dwelling g � p P Y Y b b g house, public road, public, commercial or industrial building from any mine excavation. Locate all such irllI' -rel" nN the Warne na/{n if thou /ri•e luilhin MO re�,l nr:na{v Iirn nn rn:�nr:•J{.... sa ✓,/ •a.,ar, a..> >irr [r[�. /a, //[f{'J It 11/ 1 /r'II/11/1 - 1". ug 111 I,Y rlr VrJIJ,)C�4f 1.1[iU I'l/[rVI1. Guardrails, cables, fences, gates and signage S. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each tvjm of barricade to he used musl be indicated on the mine rnall(v). Fencing, sec attached detail -9- APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No X. . If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees,bushes or other vegetation, building berms or other measures. Short,the location of all visual.screening on the mine map(v) and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree planlings. The area mined prior to 1951 is visually screened from public view by location and trees. The plant area is next to Altapass road and is a public business. No screening is feasible and the plant operations excluding stockpiles and storage silos are inside commercial buildings. b. Could the operation have a significantly adverse effect on the purposes of a. publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? No I l. Will explosives be used? Yes ❑ No X. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending; on the mine's location to nearby structures, more detailed technical information may be required on the blasting program(such as a third-party blasting study). Locate the nearest offvile occupied srrucrure(N)' 10 111-C ort the merle mup unu inutcule its upl>roxtrnute u1sturice to the proposed excavation. No explosives w1II be used for mining but may be used for non-mining Uses Such as construction, but on an extremely limited basis. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes X No ❑. ff yes, describe these materials, how they will be stored and method gfconlatnment to case Uf.s'plll. lndicale the locallon(v) Of all storage facilities on the mine map(5). Chemical Storage Chemical Storage Sulfuric Acid Tank HF Acid Tank Fuel Oil Tank Amine Tank Liquid Polymer Tank Hydrate Lime Tani: All chemicals are kept in containment areas. - ro- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate tha cnn»nnrn and oonaral mr+thnde to hn imf,(i in rrriaiminn this land 'f hic mimt inrhzrin the mt-thnrl of reclamation of settling ponds and/or sediment control basins and the method ol'restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine nactp(s). In addition, design information, including typical cross-sections, of(inv permanent channels to he constructed as part of the reclamation plan and the locations) cif all permanent channels tnu.st be indicated on the reclamation map. All buildings that are usable as real property will remain intact as well as entrance roads for access. Buildings and outside equipment not usable wilt be removed and the area graded to blend with the surrounding topography and stabilized by seeding. Soil and erosion controls will be constructed to remain in place and be armored to prevent erosion. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No ❑. if yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-.section(s) through the proposed bodv(a) of vi,ater. The minimum water depth must beat least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ❑ No X. If yes, specify species. The water hole left by the excavations prior to 1951 contains fish supplied by nature. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent horricades must he.shrnvn on the reclamation mar) See attached fencinL, details - ll - APPLICATION FOR A MINING PERMIT 4. Indicate the method(s)of reclamation of overburden,refuse,spoil banks or other such on-site mine waste areas, including specifications for benching and sloping. Final cross-sections and lncatior7s for srrcli areas mull be pros-ided on the reclamation map. All waste materials would be dumped in levels not to exceed 45' in height. A bench of 8' minimum width will be used to carry runoff from the above slope. Slopes would be 2:1 or flatter as natural slope allows. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. All building usable for real property would be left for use all others would be torn down. After buildings and other outside equipment are removed the area would be tilled with soils,graded to slope quid seeded or landscaped to a natural state. b. Will any on-site roadways be left as part of the reclamation? Yes ❑ No X IJyes, identify such roadways on the reclamation ma1.�and provide details on permanent road and ditch line stabilization. Paved roadways are planned to be left as apart of the reclamation to provide access to the adioining property and property across the river from the plant area. All ditches will be stabilized (armored)and provided with sediment basins. 6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery, cables,or other such waste products of mining. (Note definition of refuse in The Mining Act of' 1971.) No off-site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources,Land Quality Section and either the Division of Waste Management(DWM)or local governing body. if a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must he clearly delineated on the naive rrrap(s) cmd reclamation map, alone ivith a list of items to he disposed in said areas. Used oil and other material generated by the plant are shipped offske for proper disposal. Scrap metal and used pallets are recycled on an ongoing basis. Some used parts are stored across the river for reuse and rebuilding as necessary. Am qW - 12 - APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must • include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and INULUral ReSULneCS; c. Authorized county representatives of the North Carolina Cooperative Extension Service.specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina Slate University; d. North Carolina licensed landscape architects; c. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Pertaining, Operation mid Reclamation; It. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] • Seed Types: Seeding Dates: Seeding Rates: MULCH-TYPE AND RATE OF APPLICATION (pounds/acre)AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS—TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/o eforest o an approved by: Signatur „6tCv^^- Date �/P' Print Name T omas D Freeman Title Certified professional in Soil and Erosion Control Agency USDA • 13 - APPLICATION FOR A MINING PERMIT •G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: Signature:" Print Name: Todd Mickleborough Print Name: Todd Mickleborough Manager Land and Mines (Title, if applicable) Company—The Quartz Corp USA Title: Manager Land and Mine • Address: P.O. Box 309 Company: The Quartz Corp USA Spruce Pine, NC 28777 Mine Name: Altapass Mine Telephone: ( ) Telephone: ( ) Dale Signed: Dale Signed: 'Signature must be the same as the individual who signed Page I of this application. One pri�inal and five (5) conies of the completed application, six (6) conies of all location maps mine maps and reclamation mans,and the appropriate processing fee(see next page for fee schedule)in the form a check r money order payable to the North Carolina Department of Environment and Natural Resources must be eat to the Land Quality Section Central Office at the address listed on the front cover of this application form. - tx- VEGET' TION PLAN 1 . All of the disturbed'area will be covered with dirt and or gravel as needed to prepare for seeding or future use within 21 days of completion of any phase of grading. 2. The surfaces to be seeded will be roughed and tilled to prepare a seed bed. 3. The following Lime and fertilizer mix will be used to prepare the soil for the seeds: Agricultural lime 2,0004/acre Ferti lizer 1,000#/acre 4. The following seed specifications will be used paying special attention to the date of seeding and seeds required for that season: .Dates Species Rate #/acre Feb 15 — March 31 Korean Lespedeza 10 Fescue 40 Redtop / Cloves 1 Winter Rye (grain) 15 April 1 — July 31 Common Bermuda 50 A i i a 1 — Oct ?5 Le.-,noclP7n (uncr nrified) 30 German Millet 40 Oct. 26 — Feb 14 Rye (grain — temporary) 120 Spring / Summer Mixture (May 1 — September 15) Browntop Millet 20 Korean Lespedeza 20 VA 70 Lespedeza 1 V .: , gem Vegetation Plan page 2 Fall / Winter (September 16 — April 30) Rye (grain) 120 Korean Lespedeza 20 VA 70 Lespedeza 1 One of the following may also be added to the above mixture Crown Vetch 5 Ladino Clover 5 Alfalfa 5 5. Surface mulch shall be applied after seeding to provide a means of controlling runoff and erosion in disturbed areas. Straw mulch shall be applied at the rate of 1 ton per acre. Straw should be dry, unchopped, unweathered and free of weeds. Wheat or oat straw is preferred and can be spread by machine or hand. Straw must be tacked down to avoid loss by wind. 6. After a vegetation growth is established, fertilization will r continue as needed until a sod layer is established. 7. Decorative landscaping may be added later as a beautification project in stable areas, but only in areas not subject to erosion and heavy runoff. 8. In areas where shade is dominating the mixture should substitute Orchard Grass and or Blue Grass for Fescue. 9. Temporary seeding should be performed using 40 pounds of German Millet or Rye (grain) per acre and the fertilizer and lime mix above. 10. Top dressing should be performed within 6 months if a vigorous growth has net been established. Seeding Specifications T�atac CnarlaC l2ata Marra ...� .,... ter...,..,., ._...� .,..�..._ Feb 15 —March 31 Korean Lespedeza 10 Fescue 40 Redtop/Cloves 1 Winter Rye (grain) 15 April 1 ---July 31 Common Bermuda 50 Aug. 1 ---Oct. 25 Lespedeza (unscarified) 30 German Millet 40 Oct. 26— Feb 14 Rye (grain —temporary) 120 Spring/ Summer Mixture (Mayl — September 15) Browntop Millet 20 Korean Lespedeza 20 VA 70 Lespedeza 1 Fall / Winter(September 16—April 30) Rye (grain) 120 Korean Lespedeza 20 VA 70 Lespedeza 1 • One of the following may also be added to the above mixture Crown Vetch 5 . Ladino Clover 5 Alfalfa 5 r5''. .' J�n`�rti�"'}tr ie "f• a 'r. 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They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, teachers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, Stale, and local governments may impose special restrictions on land use or land treatment. Sail surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. • Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http:/Mv .nres.usda.goviwps/ portal/nrw/main/soils/heali and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/lowtor/app?agency=nres)or your NRCS State Soil Scientist(http:lty ,nres.usda.gov/wpstportal/nros/detail/Soils/wntactusl? cid=nres142p2 053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS)has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information_ The U.S. Department of Agriculture (USDA)prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a • part of an individual's Income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202)720-2600 (voice and Tnn% Tn filn —rife fn 1 Ienn Mi—fnr nffi—of 411V 11JV�• IV 1114 GI VVI11'/IGIIIL VI VIJVIII IIII:,;LIViI, Yii li4 iV VVLJI"i, VIiLLLVI, VISIVI. VI Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or tali (800)795-3272 (voice)or(202)720-6362 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface....................................................................................................................2 SoilMap.................................................................................................................. 5 SoilMap................................................................................................................6 Legend..................................................................................................................7 MapUnit Legend.................................................................................................. 8 MapUnit Descriptions.......................................................................................... 8 Mitchell County, North Carolina.......................................................................11 BdA—Bandana sandy loam, 0 to 3 percent slopes, occasionally flooded...11 BmA—Biltmore sand,0 to 3 percent slopes, frequently Flooded................. 12 CeE—Chandler-Micaville complex, 30 to 50 percent slopes, stony............14 EcD—Evard-Cowee complex, central mountain, 15 to 30 percent slopes, stony.........................................................................................15 ROA—Rosman fine sandy loam, 0 to 3 percent slopes, occasionally flooded.................... -.......—........—.................—.... --........---.......... 18 ScC—Saunook sill loam, 8 to 15 percent slopes, stony....__.._...................19 SdD—Saunook-Thunder complex, 15 to 30 percent slopes, stony-........... • Ud—Udorthents, loamy.................... ..........._............__......_...........................22 Un—Udorthents, loamy, stony........ 23 W—Water..... .......... _....... _....... .........._.._...__...._...._..__..._............._..24 WgC—Watauga sandy loam, 8 to 15 percent slopes, stony 24 WgD—Watauga sandy loam, 15 to 30 percent slopes, stony.....................25 WgE—Watauga sandy loam, 30 to 50 percent slopes, stony.....................26 • 4 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map unfts on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. • • 5 l rE -.,: tea;: vk ' " -"'^ ( w r • v KIM nA NWM y r . Jr. t a IF . : `; c kx. 3 . . Ill I. M i .. _ .. mm.., -MAY LEGEND ata�€ur-F,R.W, .ON Sc� utirjtfn^Ysm. Vclva4eru�uv'R:m"% ICN " w+Wnf po tirsp. awinum .�. � p. �� 2:n �4F �F t}VY A0AT8H G'aY&i 3CYYF N t lops ® paw Yrnxxma =F--tJfu w.. �yrSms�y�m�Nxr:Ma^•.rafr(E Ct5*i am.w _• x 4;r tlt.:;41 W.darFMww. xww. aNa�xmaw�: 4kry54m+II N+`3v35mnYm M+nL rlvuyeLMgr not 1 gums P rema�w oww.xe IRt s 1 4 "ySS:A. mr.p..nra Ryy.p � *ti t 1 51v 4ns'. .v _ .vtwran dUarkMamree �xCGiSf!S4YY rM"M§' y'VWLik: N'IDS. !s.' m A s_ . 1d, Nk42anMWl tlntnaR '��•'# I Iftli Pnw tllnvx rrt4+i 44« L .. �I ei kzYS. 9oi S.tw mYABA 46W 1 Nolfu c mim + Mtq'r`rJ`Cti `r_ mw" ro.gwq: ni u e dw+ .:n�aizkmn�+ll rv-ss xazp iAiA¢I N i1rS `JSR-Rh m E55 au. Is.Eaffx kn =rn-ewxbara me u lPnrLb�m- �. t J4m a�u oMkiW MtlF�iz^A ptA9fi5M� ivn#•gw xu -Ma fwli+s Bt P Ir^.w br`exn x5'tr urtut { p 2{{{t anwt ...._......� __..._.... _..__..._..._._._.—__._. _.._.... J Custom Soil Resource Report • Map Unit Legend Mitchell County,North Carolina(Ne1211 Map Unit Symbol Map Unit Name Acres in Act Percent of AOI BdA hood a dam snpesndy acrsslenally 1.Bi I 'll emu Bil0nore sand.0l0 3 percent 0.2 0.1% slopes,heauentlyflooded CeE �L to 50 percentil lopes, lex,ion 30 D.2� e2% to dl percent slopes,stony I, Ec0 _ Evartl-Cawee complex, central 0.2 02 mountain, 15 to 30 percent slopes, stony ROA Rosman fine sandy team,0 to 3 0.0 percent slopes,occasionally flooded f- SCC Saunook noon silt loam,e to 15 i 351 J o n percent slopes,stony Son Saunook-Thunderoomplex, 15 6.1 to 30 percent slopes,stony US Udorthents,loamy 33.5 329%1 . U_ _ _ Udodhente,loamy,stony 5 4 5.3% W Wate-___ _ -- 4.3 L__ 4,2% W0C Wataugxsandy loam,B to 15 I 112I 11.0%I _� ..e...e..d...e. ter..., Wg0 Waiauga sandy loam, 15b 30 252 _ 24.7% pemem slopes, stony WgE Watauga gamy loam,3013 50 10J 10.5%� peoentslopes, storry � Totals for Area or Interest 102.0 100.0X Map Unit W���:ipti�n� The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic Classification of the dominant soils. Within a taxonomic clan. there are precisely den..ed limits for the Frop^wleL of the Soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural pheromene. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. . Areas of soils of a single taxonomic class rarely, if ever, can be mappedwithout Including areas of other taxonomic classes. Consequently, every map unit is made 8 Custom Soil Resource Report up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties .4 L. L. I 4. 4 4' .1' 4 4. L ff nF 1 r too r e different anu Vellavloral characteristics divergent enough to allect usee ul �a�..a.�un�,. management.These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important.soil properties and qualities. Soils that have profiles that are almost alike make up a soil'series. Except for differences in texture of,the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha-Beta association, 0 to-2 percent slopes, is an example. 9 Custom Soil Resource Report An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them.Alpha and Beta soils, 0 to 2 percent slopes, is an example. Sorue surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 10 . Custom Soil Resource Report Mitchell County, North Carolina BdA—Bandana sandy loam, 0 to 3 percent slopes, occasionally flooded Map Unit Setting National map unit symbol: Icij Elevation: 1,070 to 2,280 feet Mean annual precipitation: 48 to 60 inches Mean annual air temperature: 46 to 57 degrees F Frost-free period: 116 to 170 days Farmland classification: Prime farmland if drained Map Unit Composition Bandana, occasionally flooded, and similar soils: 80 percent Minor components: 20 percent t=at7riratcs alu uascu VTi V"OurMat1VnJ dca�r"i'+luns d ransock. fthc ,, + r Nuvero, aiiu ervrr.�ei.w yr u+e Description of Bandana, Occasionally Flooded Setting !andfnrtn Flood plains Down-slope shape: Linear Across-slope shape: Linear Parent material: Loamy alluvium over sandy and gravelly alluvium Typical profile ~ A -0 to 8 inches: sandy loam Bw-8 to 37 inches: sandy loam C- 37 to 80 inches: very gravelly sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: 20 to 40 inches to strongly contrasting textural stratification Natural drainage class: Somewhat poorly drained Runoff class: Very low Capacity of the most limiting layer to transmit water(Ksat): High (2.00 to 6.00 inihr) Depth to water table: About 18 to 24 inches Frequency of flooding: Occasional Frequency of panding: Rare Available water storage in profile: Low (about 5.0 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification(nonirrigated): 3w Hydrologic Soil Group: AID Hydric soil rating: No Minor Components Ela, undrained Percent of map unit: 5 percent Landform: Depressions on flood plains �\ Down-slope'shape:. Concave, linear . v Across-slope shape: Concave 11 Custom Soil Resource Report . Hydric soil rating: Yes Thurmont Percent of map unit: 5 percent Landform: Drainageways Landform position (two-dimensional): Toeslope Landform position (three-dimensional): Base slope Down-slope shape: Concave Across-slope shape: Linear Hydric soil rating: No Fontaflora, occasionally flooded Dernan!of mon r rni!• F. Hainan! r VI VVlr[VI r1,raN 41 [• V 1„y1 VIrIl Landform: Flood plains Down-slope shape: Linear Across-slope shape: Linear Hydric soil rating: No Dillard, rarely flooded Percent of map unit: 5 percent Landform: Stream terraces Landform position (two-dimensional): Toeslope Landform position (three-dimensional): Base slope Down-slope shape: Concave Across-slope shape: Linear Hydric soil rating: No BmA—Biltmore sand, 0 to 3 percent slopes, frequently flooded Map knit Setting National map unit symbol: Icrk Elevation: 1,720 to 1,960 feet Mean annual precipitation: .50 to 58 inches Mean annual air temperature: 46 to 57 degrees F Frost-free period: 116 to 170 days Farmland classification: Prime farmland if irrigated and either protected from flooding or not frequently flooded during the growing season Map Unit Composition Biltmore, frequently flooded, and similar soils: 85 percent Minor components: 15 percent . Estimates are'based on observations, descriptions, and transects of the mapunit. Description of Biltmore, Frequently Flooded Setting Landform: Natural levees on flood plains Landform position (three-dimensional): Mountainbase Down-slope shape: Linear l O Across-slope shape: Linear, convex Parent material: Sandy'alluvium 12 Custom Soil Resource Report Typical profile A -0 to 12 inches: sand C- 12 to 80 inches: loamy fine sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water(Ksat): High (1.98 to 5.95 inlhr) Depth to water table: About 42 to 72 inches Frequency of flooding: Frequent Frequency of ponding: None Available water storage in profile: Low (about 5.3 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6w Hydrologic Soil Group: A Hydric soil rating: No Minor Components Rosman, occasionally flooded Percent of map unit: 5 percent I ld/fi Vorw• Flood plainG Landform position (three-dimensional): Mountainbase Down-slope shape: Linear Across-slope shape: Linear Hydric soil rating:. No Aquents, frequently flooded Percent of map unit: 3 percent Landform: Drainageways on flood plains Landform position (three-dimensional): Mountainbase Down-slope shape: Linear Across-slope shape: Linear Hydric soil rating: Yes Reddies, occasionally flooded ' r"Cl UClfl VI !lfUr.1 C11!!1. J E,lel l.elll Landform:- Drainageways on flood plains Landform position (three-dimensional): Mountainbase Down-slope shape: Linear Across-slope shape: Linear Hydric.soil rating: No Udifluvents,frequently flooded Percent of map unit: 2 percent Landform: Drainageways on flood plains Landform position (three-dimensional): 'Mountainbase Down-slope shape: Linear Across-slope shape: Linear Hydric soil rating: No o 13 Custom Soil Resource Report Toxaway, undrained Percent of map unit: 2 percent Landform: Depressions on flood plains Landform position (three-dimensional): Mountainbase Down-slope shape: Linear Across-slope shape: Concave, linear Hydric soil rating., Yes CeE—Chandler-MicaviIle complex, 30 to 50 percent slopes, stony Map Unit Setting National map unit symbol: Icrx Elevation: 2,600 to 3,800 feet Mean annual precipitation: 40 to 80 inches Mean annual air temperature: 46 to 57 degrees F Frost-free period: 124 to 176 days Farmland classification: Not prime farmland Map Unit Composition Chandler, stony, and similar soils: 50 percent Micaville, stony, and similar soils: 30 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Chandler, Stony Setting Landform: Ridges, mountain slopes Landform position (two-dimensional): Backslope Landform position(three-dimensional): Upper third of mountainflank, side slope Conyex Across-slope shape: Linear Parent material: Affected by soil creep in the upper solum over residuum weathered from mica schist and/or micaceous gneiss and/or other micaceous metamorphic rock . Typical profile A - 0 to 3 inches: gravelly loam Bw-3 to 26 inches:'gravelly sandy loam C-26 to 80 inches: loamy,sand Properties and qualities Slope: 30 to 50 percent Percent of area covered with surface fragments: 0.1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Somewhat excessively drained Runoff class: Medium Capacity of the most limiting layer to transmit water(Ksat): High (1.98 to 5.95 inlhr) Depth to water table: More than 80 inches Frequency of flooding: !Norte 14 Custom Soil Resource Report Frequency of ponding: None Available water storage in profile: Moderate (about 7.5 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6s Hydrologic Soil Group: A Hydric soil rating: No Description of Micaville, Stony Setting Landform: Ridges, mountain slopes Landform position (two-dimensional): Backsiope Landform position (three-dimensional): Upper third of mountainflank, side slope Down-slope shape: Convex Across-slope shape: Linear Parent material: Affected by soil creep in the upper soium over residuum weathered from mica schist and/or micaceous gneiss and/or other micaceous metamorphic rock Typical profile A -0 to 3 inches: channery coarse sandy foam Bw-3 to 37 inches: channery coarse sandy loam C- 37 to 51 inches: gravelly sandy loam Cr-51 to 80 inches: weathered bedrock Properties and qualities Slope: 30 to 50 percent Percent of area covered with surface fragments: 0.1 percent Depth to restrictive feature: 40 to 60 inches to paralithic bedrock Natural drainage class: Somewhat excessively drained Runoff class: Medium Capacity of the most limiting layer to transmit water(Ksat): Very low to high (0.00 to 1.98 inlhr). Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Moderate (about 6.2 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification.(noninigated): 6e Hydrologic Soil Group: A Hydric soil rating: No EcD--Evard-Cowee complex, central mountain, 15 to 30 percent slopes, stony. ' Map Unit Setting. National map unit symbol. 2vx2g 15 Custom Soil Resource Report Elevation: 1,990 to 4,490 feet Mean annual precipitation: 41 to 57 inches Mean annual air temperature: 4b to 57 degrees F Frost-free period: 137 to 176 days Farmland classification: Farmland of local importance Map Unit Composition Evard, central mountain, stony, and similar soils: 60 percent Cowee, central mountain, stony, and similar soils: 30 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Evard, Central Mountain, Stony Setting Landform: Ridges, mountain slopes L'Viurtn posi ion (vvu-u,iiianrsivna1): a rriiriit, UUCk$IVFJC Landform position (three-dimensional): Mountaintop, upper third of mountainflank, crest, side slope Down-slope shape: Linear, convex Amass-slope shape: Convex, linear Parent material: Residuum weathered from amphibolite and/or hornblende gneiss Typical profile A -0 to 5 inches: loam Bt- 5 to 32 inches: clay loam &C-32 to 45 inches: loam C-45 to 80 inches: loam Properties and qualities Slope: 15 to 30 percent Percent of area covered with surface fragments: 0.1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: High Capacity of the most limiting layer to transmit water(Ksat): Moderately high to high (0.57 to 1.98 in/hr) . Depth to.watertable: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: High (about 9.7 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 4e Hydrologic Soil Group:.B Hydric soil rating: No Description of Cowee,'Central Mountain, Stony Setting Landform: Ridges, mountain,slopes Landform position (two-dimensional): Summit, backslope Landform position (three-dimensional): Mountaintop, upper third of mountainflank, crest, side slope Do.:^-SO-c shape. Lineal:, %viFvcx Across-slope shaper Convex, linear 16 Custom Soil Resource Report Parent material., Residuum weathered from amphibolite and/or hornblende gneiss Typical profile A - 0 to 5 inches: sandy loam St-5 to 38 inches: gravelly clay loam Cr-38 to 80 inches: bedrock Prenertiac and niiadi►iac Slope: 15 to 30 percent Percent of area covered with surface fragments: 0.1 percent Depth to restrictive feature: 20 to 40 inches to paralithic bedrock Natural drainage class: Well drained Runoff class: High Capacity of the most limiting layer to transmit water(Ksat): Very low to high (0.00 to 1.98 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Low (about 5.2 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 4s Hydrologic Soil Group: C Hydric soil rating: No Minor Comnnnpnts Clifton Percent of map.unit: 6 percent Landform: Ridges, hillslopes Landform position (two-dimensional): Summit,backslope Landform position (three-dimensional) Interfluve, side slope Down-slope shape: Convex Across-slope shape: Linear Hydric soil rating: No . Saunook Percent of map unit: 4 percent Landform: Toes on drainageways Landform position (two-dimensional): Footslope oSi ion (thrce_d7mens;_nnal). I Ipper third of m—intainfl'unk, Lan/i{nYm rn mountainbase, head slope, base slope Down-slope shape: Concave, linear. Across-slope shape: Concave Hydric soil rating: No 17 Custom Soil Resource Report RoA—Rosman fine sandy loam, 0 to 3 percent slopes, occasionally flooded Map Unit Setting National map unit symbol: lct0 Elevation: 1,690 to 2,590 feet Mean annual precipitation: 50 to 58 inches Mean annual air temperature: 46 to 57 degrees F Frost-free period: 1 16 to 170 days Farmland classification: All areas are prime farmland Map Unit Composition Rosman, occasionally flooded, and similar soils: 80 percent Minor components: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Rosman, Occasionally Flooded Setting Landform: Flood plains Landform position (three-dimensional): Mountainbase Down-slope shape: Linear Across-slope shape: Linear Parent material:.Loamy alluvium Typical profile Ap -0 to 90 inches: fine sandy loam Bw- 10 to 59 inches: fine sandy loam C-59 to 80 inches: fine sandy loam Properties and qualities Slope` 0 to 3 percent Depth to restrictive feature: More than 80 inches Naturai drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water(Ksat): High.(1.98 to 5.95 inlhr) Depth'to water table: About 42 to'60 inches Frequency of flooding: Occasional Frequency of ponding: None Available water storage in profile:. Moderate (about 8.5 inches) Interpretive groups Land capability classification (irrigated):. None specified Land capability classification (nonirrigated): 2w Hydrologic.Soil Group: A Hydric soil rating: No - Custom Soil Resource Report Minor Components Cullowhee, occasionally flooded Percent of map unit: 5 percent Landform: Swales on flood plains on valleys Landform position (three-dimensional): Mountainbase Down-slope shape: Linear Across-slope shape: Linear, concave Hydric soil rating: No Biltmore, occasionally flooded Aerrant of man unit' S nerrent Landform: Natural levees on flood plains Landform position (three-dimensional): Mountainbase Down-slope shape: Linear Across-slope shape: Convex Hydric soil rating: No Dillard, rarely flooded Percent of map unit: 5 percent Landform: Stream terraces on flood plains Lan" ululfff positionI[!flCC-ullllCHJIVfIGf1. IYIuuntain ass, k1jase slope Down-slope shape: Linear, concave Across-slope shape: Concave, linear Hydric soil rating: No Toxaway, undrained Percent of map unit: 5 percent Landform: Depressions on flood plains Landform position (three-dimensional): Mountainbase Down-slope shape: Concave, linear Across-slope shape: Concave, linear Hydric soil rating: Yes ScC—Saunook silt loam, 8 to 15 percent slopes, stony . Map Unit Setting National map unit symbol. Ict2 Elevation: 1,500 to 4,800 feet ' Mean annual precipitation: 40 to 80 inches Mean annual air temperature. 46 to 57 degrees F Frost-free period: .100 to 150 days Farmland.classification: Farmland of local importance' Sabnook, stony, and similar,soils: 75 percent 'Estimates are based on observations, descriptions,and transects of the mapunit. 19 Custom Soil Resource Report Description of Saunook, Stony Setting Landform: Coves on mountain slopes, drainageways on mountain slopes, fans on mountain slopes Landform position (two-dimensional): Footslope, toeslope Landform position (three-dimensional): Mountainbase, base slope Down-slope shape: Linear Across-slope shape: Concave Parent material: Colluvium derived from igneous and metamorphic rock Typical profile A -0 to 10 inches: silt loam Btl - 10 to 38 inches: silt loam Bt2-38 to 50 inches: gravelly loam BC-50 to 99 inches: cobbly sandy loam Properties and qualities Slope: 8 to 15 percent Percent of area covered with surface fragments: 0.1 percent Depth to restrictive feature: More than 80 inches _!__ IRl_11 drained __ __J ivaturai drainage crags: vveu urairreu Runoff class: Medium Capacity of the most limiting layer to transmit water(Ksat): Moderately high to high (0.57 to 1.98 inlhr) Depth to'water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Moderate (about 8.5 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3e Hydrologic Soil Group: B Hydric soil rating: No W—Saunook.-Thunder complex, 15 to 30 percent slopes;stony Map Unit Setting National map unit symbol. Ict3 Elevation: 1,500 to 4,800 feet Mean annual precipitation: 38 to 80 inches Mean annual air temperature: 46 to 57 degrees F. Frost-free period: 100 to 150 days, Farmland classification: Farmland of local importance Map Unit Composition . Saunook;stony, and similar soils:•65 percent Thunder, stony, and similar soils. 25 percent Estimates are based on observations,-descriptions, and transects of the mapunit. 20 Custom Soil Resource Report Description of Saunook, Stony Setting Landform: Coves on mountain slopes, drainageways on mountain slopes, fans on mountain slopes Landform position (two-dimensional): Footslope, toeslope Landform position (three-dimensional): Lower third of mountainflank, base slope Down-slope shape: Concave Across-slope shape: Concave Parent material: Colluvium derived from igneous and metamorphic rock Typical profile A - 0 to 9 inches: sandy loam Bt- 9 to 60 inches: sandy clay loam C- 60 to 80 inches: very cobbly sandy loam Properties and qualities Slope: 15 to 30 percent Percent of area covered with surface fragments: 0.1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Weil drained i-!_--. I r�unwr crdss. High Capacity of the most limiting layer to transmit water(Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: High (about 9.7 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 4e Hydrologic Soil Group: B Hydric soil rating: No Description of Thunder, Stony Setting Landform: Coves.on mountain slopes, drainageways on mountain slopes, fans on mountain slopes Landform position (two-dimensional): Footslope, toeslope Landform position (three-dimensional): Lower.third of mountainflank, base slope Down-slope shape: Concave Across-slope shape: Concave Parent material: Cobbly and.stony colluvium derived from igneous and metamorphic rock Typical profile A -0 to 8 inches: cobbly loam Btl'- 8 to 21 inches: very cobbly loam Bt2- 21 to 52 inches: very.,cobbiy sandy clay loam C-52 to 80 inches: extremely cobbly loamy sand Properties and qualities Slope: 15 to 30 percent Percent of area covered with surface fragments: 0.1 percent Depth to restrictive feature: More than 80 inches 21 i Custom Soil Resource Report Natural drainage class: Well drained Runoff class: High %,bPUGr[yVl LHO POWbi fit llrUll9 rdyb'r I It COW ill wd[tlr IhJdi�. IVIVU"I[JlCly $IlylI lV high (0:57 to 1.98 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding None Available water storage in profile: Low (about 5.6 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6s Hydrologic Soil Group: B Hydric soil rating: No Ud----Udorthents, loamy Map Unit Setting National map unit symbol: Icth Mean annual precipitation: 48 to 60 inches Mean annual air temperature: 46 to 57 degrees F Frost-free period. 116 to 170 days Farmland classification: Not prime farmland Map Unit Composition V UVI{lIG1IL J, IVPlllsf, PIfV Jul l!l1Pl JV!!J• JV l.Jel l,elll - Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Udorthents, Loamy Setting Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down-slope shape: Linear, convex Across-slope shape: Convex Parent material. Loamy and stony mine spoil or earthy fill derived from metamorphic rock Typical profile C-v to au seiruy clay lu<uir Properties and qualities Slope: 2 to 50.percent Percent of area covered with surface fragments: 0.1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained ; Runoff class: Medium Capacity of the most limiting layer to transmit water(Ksat): Moderately low to very ® high (0.06 to 19.98 inlhr) Depth to water'table: More than 80 inches 22 Custom Soil Resource Report Frequency of flooding: None Frequency of ponding: None _J_ Avaiiabie wdtei'sitiidye in profile: iw+uurraie �duoui 7.2 ii�u;esj Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 7e Hydrologic Soil Group: C Hydric soil rating: No Minor Components Urban land Percent of map unit: 9 percent Hydric soil rating: No Rubble land Percent of map unit: 1 percent Hydric soil rating: No Un-----Udorthents, loamy, stony Map Unit Setting National map unit symbol: Ictj Elevation: 1,200 to 4,530 feet Mean annual precipitation: 40 to 80 inches Mean annual air temperature: 32 to 57 degrees F Frost-free period: 100 to 170 days. Farmland classification: Not prime farmland Map Unit Composition Udorthents, stony, and similar soils: 85 percent Minor components: 3 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Udorthents, Stony setting Landform: Hillslopes on ridges Landform position (two-dimensional): Backslope Landfoim position (three-dimensional): Side slope Down-slope shape: Linear Across-slope shape: Convex Parent material: Loamy and clayey mine spoil or earthy fill derived from igneous, metamorphic and sedimentary rock Typical profile C- 0 to 80 inches: sandy loam. Properties and qualities Slope: 0 to 50 percent Percent of area covered with surface fragments: 1.6 percent 23 Custom Soil Resource Report Depth to restrictive feature: More than 80 inches Natural drainage class: Somewhat excessively drained Runoff class: I•iiruh Capacity of the most limiting layer to transmit water(Ksat): Very low to very high (0.00 to 19.98 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Moderate (about 8.4 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 7e Hydrologic Soil Group: A Hydric soil rating: No Minor Components Aquents Percent of map unit: 3 percent Landform: Depressions on flood plains Down-slope shape: Concave Across-slope shape: Concave Hydric soil rating: Yes W—Water Map Unit Composition Water: 100 percent Estimates are based on observations, descriptions, and transacts of the mapunit. Description of Water Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrioated): 8w Hydric soil rating: No WgC-Watauga sandy loam, 8 to 15 percent slopes, stony Map Unit Setting National map unit symbol: ictl Elevation: 1,400 to 4,500 feet Mean annual precipitation: 45 to 60"inches _ Mean annual air temperature:. 46 to 57 degrees F : Frost-free period: 124 to 176 days .. Farmland classification: Farmland of local importance 24 Custom Soil Resource Report Map Unit Composition Watauga, stony, and similar soils: 90 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Watauga, Stony Setting Landform: Ridges, mountain slopes Landform position (two-dimensional): Summit Landform position (three-dimensional): Mountaintop, crest Down-slope shape: Convex Across-slope shape: Convex Parent material: Residuum weathered from mica schist and/or micaceous gneiss and/or other micaceous metamorphic rock Typical profile A -0 to 5 inches: sandy loam Bt- 5 to 26 inches: sandy clay loam C-26 to 80 inches: sandy loam Properties and qualities Slope: 8 to 15 percent Percent of area covered with surface fragments: 0.1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water(Ksat): Moderately high to high (0.57 to 1.98 in/hr) ' Depth to water table: More than 80 inches Frequency of flooding. None Frequency ofponding: None Available water storage in profile: Moderate (about 7.9 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3e Hydrologic Soil Group: B Hydric soil rating: No WgD—Watauga sandy loam, 15 to 30 percent slopes, stony Map Unit Setting National map unit symbol: Ictm Elevation: 1,400 to 4,500 feet Mean annual precipitation: 45 to 60 inches Mean annual air temperature: 46 to 57 degrees F Frost-free period: 124 to 176 days Farmland classification: Farmland of local importance Map Unit Composition -Watauga, stony, and similar soils: 85 percent 25 Custom Soil Resource Report Estimates are based on observations, descriptions, and transects of the mapunit. Description of Watauga, Stony Setting Landform: Ridges, mountain slopes Landform position (two-dimensional): Summit, backslope l.andfarm nnsition (three-dimensional): Unne_r third of mountainflank. side slope Down-slope shape: Convex Across-slope shape: Linear Parent material: Residuum weathered from mica schist and/or micaceous gneiss and/or other micaceous metamorphic rock Typical profile A -0 to 5 inches: sandy foam Bt-5 to 26 inches: sandy clay loam C- 26 to 80 inches: sandy loam Properties and qualities Slope: 15 to 30 percent Percent of area covered with surface fragments: 0.1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: High Capacity of the most limiting layer to transmit water(Ksat): Moderately high to - high (0.57 to 1.98 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Moderate.(about 7.9 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification(nonirrigated): 4e Hydrologic Soil Group: B Hydric soil rating: No WaE---Watauga sandy loam, 30.to 50 percent slopes, stony Map Unit Setting National map unit symbol: Ictn Elevation: 1,2dO to 4,500 feet . Mean annual precipitation: 45 to 60 inches Mean annual air temperature: 48 to 57 degrees F Frost-free period.- 124 to 176 days Farmland classification: Not prime farmland Map Unit Composition Watauga, stony, and similar soils: 75 percent Estimates are based on observations, descriptions, and transects of the mapunit. 26 Custom Soil Resource Report Description of Watauga, Stony Setting Landform: Ridges, mountain slopes Landform position (two-dimensional): Summit, backsiope Landform position (three-dimensional): Upper third of mountainflank, side slope Down-slope shave: Convex Across-slope shape: Linear Parent material. Affected by soil creep in the upper solum over residuum weathered from mica schist and/or micaceous gneiss and/or other micaceous metamorphic rock Typical profile A - 0 to 5 inches: sandy loam Bt-5 to 58 inches: sandy clay loam C1 -58 to 87 inches: coarse sandy loam C2-87 to 99 inches: loamy coarse sand Properties and qualities Slope: 30 to 50 percent Percent of area covered with surface fragments: 0.1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: High Capacity of the most limiting layer to transmit water(Ksat): Moderately high to high (0.57 to 1.98 inlhr) . Depth to water tabie: More than 80 inches Frequency of flooding: None Frequency ofponding: None Available water storage in profile: High (about 10.4 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6e Hydrologic Soil Group: 6 Hydric soil rating: No 27. - - � �= � - -, �-� - - - --- - --�--- - - - T-- i _ l -- _ _ :,�:��,��:�tuassf.::�..�S,;:E (-� - — �� wa®�.z�aa®jaa®a aaas.aw — ' F . r • NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary April 30,2012 Peggy A. Dortch MAY 7 2012 Environmental Manager The Feldspar Corporation P.O Box 99 Spruce Pine,NC 28777 Subject: NPDES Permit Issuance Permit No. NCO000353 The Feldspar Corporation Facility Class H Mitchell County Dear Ms. Dortch: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly,we are forwarding the attached NPDES discharge permit. 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 permit authorizes The Feldspar Corporation to discharge up to 3.5 MGD of treated wastewater from Spruce Pine Facility to the North Toe River,a class C-Trout water in the French Broad River Basin. The final permit includes discharge requirements and/or limitations for flow,total fluoride,total suspended solids,turbidity,chlorides and other parameters. The receiving stream,North Toe River,is listed as an impaired waterbody on the North Carolina 303(d)Impaired Waters List. Addressing impaired waters is a high priority with the Division,and instream data will continue to be evaluated. If there is noncompliance with permitted effluent limits and stream impairment can be attributed to your facility, then A1LLL1�GlLLVe llle[LS LI.reS 1112iy VC real-u-1ACLL. The following modifications in the draft permit of March 14,2012,remain in the final permit. • The facility owner was changed to The Quartz Corp USA. 1817 Mai Service Center,Raleigh.North Caror:na 27699-1617 Lbmbon:512 N.Sailshury St,Raleigh,North Carolina 27604 Phone:919-807.63001 FAX:919-807.64921 CustomEr Service:1$77-623-6748 IRtemst www.ncwatemuality.om One AnEgudOpportunity4AiflmnUn Man Emooyer Nofth arolina �llffl/N/1'I�1/ �/ T vsrvas vaar� Ms. Dortch April 30,2012 Page 2 of 3 • The upstream sampling location was changed to Feldspar's low water bridge, approximately 200 yards upstream of outfall 001. • The monitoring frequency for total fluoride, total suspended solids,turbidity, settleable solids and pH was reduced to weekly. • The turbidity footnote on the effluent page has minor language clarification. • . Language on the supplement to cover permit page regarding coaling water outfalls 002 and 003 was removed. Two effluent pages referencing outfalls 002 and 003 were deleted.from the permit. Feldspar Corporation indicated that noncontact cooling water is reused in the process and no longer discharged. • Language on the supplement to cover permit page regarding the discharge of stormwater was removed. • Upstream and downstream monitoring for total.suspended solids was added based '-- ' z t Lt--�.r__L'L rr, »_.. _L.. a...t�:.7. a 4t, , nrmi l Fn 1.^,ad Of oil I:LLC lillklalTuleFil of utC 1V Vlui 1vC.4uvci tVl �lLl DIMLY --A DIMLY u.c tJGtJ.lii��4u total suspended solids discharged by the facility. • Minor language was modified in condition A. 2.Chronic Toxicity Permit Limit and a near"ara rranlk vacrnrrlina e4nfn cithmiifial was added (tht-gprnnd narai raUh from the end of the condition). • The entire section(fart II in the previous permit) regarding stormwater monitoring, controls and lirrutations for permitted discharges was removed from the permit. The Feldspar Corporation will be issued an individual stormwater permit for stormwater management. If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have the right to an adjudicatory hearing upon written request within thirty(30)days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes,and filed 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. Please take notice that this permit is not transferable. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits,which may be required by the Division of Water Quality, or permits required by the Division of Land Resources,Coastal Area Management Act, or any other Federal or Local governmental permits may be required. 0 Ms. Dortch April 30, 2012 Page 3 of 3 If you have any questions or need additional information,please contact Ms.Jacquelyn Nowell at telephone number(919)807-63$6. !Sinrely, IesCAI.,I—IA T)r ica ��v-nZ1LL�1 .W• Attachments cc: Asheville Regional Office/Surface Water Protection Section(ecopy) Aquatic Toxicology(ecopy) NPDES File Central Files Permit Number: NC0000353 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 In compliance with the provisions of North Carolina General Statute 193-215.1, other lawful standards and regulations promulgated and adapted by the North Carolina Environmental Management Commission,and the Federal Water Pollution Control Act, as amended, The Quartz Corp USA is busby authorized to discharge wastewater from a facility located at O The Feldspar Corporation 797 Altapass Road Spmce Pine Mitchell County to receiving waters designated as the North Too River in the French Broad River Basin in accordance with effluent limitations,monitoring requirements,and other conditions set forthin Parts 1,11,111 and N hereof. This Permit shall become effective June 1,2012. This permit and authorization to discharge shall expire at midnight on February 28,2016. Signed this day April 30,2012, QQ k rles Wakild,P.E., Director Division of Water Quality By Authority of the eEnvironments]Management Commission 1 Permit Number: NCO000353 4 SUPPLEMENT TO PERMIT COVER SHEET fail previous 1N DES Permits issued to tnis facility, wnetner for operauoi► of V-Lb"iaig8 aPC icicuy revoked,and as of this 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. The Quartz Corp USA is hereby authorized to: 1. Continue operation of a 3.5 MGD wastewater treatment facility consisting of: • three clarifiers, • polymer feed system, • Lune feed system for pH adjustment, • Vacuum filters, • Emico clarifier/thickener, • Pump station emergency generator, • flow measuring and totalizing equipment and • two recycle pumps. The facility is located at The Feldspar Corporation,797 Altapass Road,Spruce fine,Mitchell County. 2. Discharge treated wastewater from said treatment works through outfall 001 at the location specified on the attached map into the North Toe River,which is classified C Trout waters,in the French Broad River Basin. o . � ♦I a. 1a sJF�" x d� � ✓� }9 It1)k� �U� 4t�� �� jj�b�l � l��d .�'rld�Q� "�f Ffj✓ �� , ,�a`����"`�1,1!l+"� ��r�t 4f l' 3�'7- 4C �rr [ihz 'Atrl � ��,yy`afiT6, it � lY �Yaff` ."``� ejr�� a.4 ���� � �9n� r�� � Q.�✓` �`�, f ��yr^-:,�,� �)/ . fly- �� P � 1 ICCCCC Vf ? �;g fly �'.° ` (ef�t� elf,' fin � t ` . d �i�"" 4" aRs =� ♦ � vsv s�. ��� �G'�3 yi �,,�� � P l� i�. ,a� 10011 a I� iNZV fill Location } JI[ 1 not to sculf; N00000353 I Permit Number: NC0000353 OA. M. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS-FINAL During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorlied to discharge process wastewater from outfall fill. Such discharges shall be limited and monitored by the Permittee as specified below: d tp'�l r jj� Z4, .'Non Flow 3.5 MGD Continuous Recording IorF Total Fluoride 174 lb/day 348 lb/day Weekly Composite E, U, D Total Suspended Solids 1568 lb/day 3137 lb/day Weekly Composite E, U, 0 Settleable Solids Weekly Grab E Weekly Grab R, U, D pHs Weekly Grab E, U, D Quarterly Composite E Chronic Toxicitys Quarterly Composite 3 Notes: 1. Sample locations: E- Effluent, I-Influent, U-upstmam at Feldspaes Im water bridge, 0- cimmatmern at footbridge in Slurnee Pine,Instremn samples sh—all he gab s mnlpa and shall he conducted weekly, 0 2, This discharge shall not cause the turbidity of the receiving waters to exceed 10 NTU. If the turbidity exceeds 10 NYU due to natural conditions, the discharge shall not muse any increase in turbidity of the receiving stream. See Special Condition AJS). 3. The pH shall not be less than 6,0 standard units nor greater than 10.0 standard units. 4. Chloride shall be monitored quarterly during the same months as toxicity testing, S. Chronic Toxicity(Cariodaphnial Pass/Fail at 11-0%-.Jormary,April,July and October. Sea Special Conditions A(2). There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit Number: NCO000353 A. (2). CHRONIC TOXICITY PERMIT LIMIT(QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 11%. The permit holder shall perform at a minimum,quart erlX monitoring using test procedures outlined in the"North !'..- I' !� .! G L' l']' I7 a.7.ur '�De'.': February Q ruh n i onf+rerJiona`hr t+W VJ1�La Cet IVN p 1?rA Chronic UPuent icass:,.roced e, sed Febru r} 19 8,or$ seque "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure"(Revised-February 1998)or subsequent versions.The tests will be performed during the months of January,April,July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit,then multiple-concentration testing shall be performed at a minimum,in each of the two following months as described in"North Carolina Phase II Chronic Whole Effluent Toxicity rest Procedure" (Revised-February 1998)or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of"detectable impairment,"collection methods,exposure regimes,and further statistical methods are specified in the"North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure"(Revised-February 1999)or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form(MR-1)for the months in which tests were performed.if reporting pass/fail results using the parameter code TGP3B,DWQ Form AT-1 (original)is sent to the below address. If reporting Chronic Value results using the parameter code TRP313,DWQ Form AT-3(original)is to be sent to the following address: Attention: NC DENR/DWQ/Environmental Sciences Section 1621 Mail Service Center Raleigh,North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete,accurate,include all supporting chemical/physical measurements and all con centrationlresponse data,and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,the permittee will complete the information located at the top of the aquatic toxicity(AT)test form indicating the facility name,permit number,pipe number,county,and the month/year of the report with the notation of"No Flow" in the continent area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required,monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream,this permit may be re-opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently than required by this permit,the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR and.all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document,such as minimum control organism survival,minimum control organism reproduction,and appropriate environmental controls,shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Permit Number. NCO000353 A. (3). BIOCIDES The permittee shall obtain authorization form the Division of Water Quality prior to utilizing any new biocide in cooling water to be discharged. The permittee shall notify the Director in writing,not later than ninety(90)days prior to instituting use of any additional biocide used in cooling systems,which may be toxic to aquatic life other than those previously reported to the Division of Water Quality. Such notification shall include completion of Biocide Worksheet Form 101 and a snap locating the discharge point and receiving stream. No chromium,zinc,or copper shall be added to the treatment system except as pre-approved additives to biocidal compounds. A. (4). WASTEWATER DIVERSION Diversion or bypassing of untreated wastewater from the treatment facility is prohibited. A. (5). TURBIDITY REOPENER This permit shall be modified,or revoked and reissued to incorporate new turbidity effluent limitations in the event that violations of the turbidity standard of the North Carolina Water Quality Standard occur as a result of this discharge. A. (6). SOLIDS REMOVAL Solids removed or resulting from the wastewater treatment process shall be contained and disposed of in such a manner as to prevent any contamination of the surface waters of the State. A. (7). FL,UORME REOPENER 4 This permit shall be modified,or revoked and reissued to incorporate new fluoride effluent limitations in the event that acute or chronic bioassay testing or other studies results in a change in the North Carolina Water Quality Standard for fluoride. A. (8). PERMIT MODIFICATIONS This permit shall be modified,or revoked and reissued to incorporate new limitations in the event that production changes are requested or should any new fluoride using discharge request to locate on the North Toe River. A V NPDES permit Standard Conditions Page 1 of IS 0 PART I STANDARD CONDITIONS FOR NPDES PERMITS Section A. Defrniflous 2/Month Samples ate collected twice per month with at least ten calendar days between sampling events. 'These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are cellected•!era.- times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or"the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act(CWA),as amended, 33 USC 1251, at. fief{. Annual Average The arithmetic mean of all "daily discharges"of a pollutant measured during the calendar year. In the can of fecal coliform,the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bvnaw The known diversion of waste streams from any portion of a treahnent facility including the collection system, which is not a designed or established or operating mode for the facility. OCalendar Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling, Calendar Week The period from Sunday through the following Saturday. Calendar Ouarter One of the following distinct periods:January through March,April through June,July through September, and October through December. Composite Sample A sample collected over a 24-hear period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period.The Director may designate the moat appropriate method(specific number and size of aliquots necessary,the time interval between grab samples,etc.)on a caso hycase basis. Samples may be collemed manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single,continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant timesvariablc volume:a series of grab samples collected at equal time intervals over a 24 how period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (3) Variable timelcoustant veto=:a series of gab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Plow measurement between sample intervals shall be determined by use of a flow recorder and totalizer,and the preset gallon interval between sample collection fixed at no greater than 1124 of the expected total daily flow at the treatment system,or O 'version i iPugizuI i NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume:a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in si wa6vas wuere efiiueut iivw rates vary'Less than 15 percent, iuc viloirviais riat'l Muons also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time<24 hot"shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hoLn shall collect effluent grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling.For pollutants measured in units of mass,the"daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge"is calculated as the average measurement of the pollutant over the day, (40 CFR 122.2;see also "Composite Sample,"above.) Daily Maximum The highest"daily discharge"during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling_If sampling is required for all seven days of the week for any permit parameter(s),that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or"the Division" The Division of Water Quality,Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit.Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N=the number-of individual values. For purposes of calculating the geometric mean,values of"0"(or"-:�[detection level]")shall be considered— 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes.Grab samples can be collected manually.Grab samples must be representative of the discharge(or the receiving stream,for instream samples). Version 1110912011 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow meas-m ment The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical,instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and Dow are representative of the discharge during that sampling period. Monthly Average concentration limit The arithmetic mean of all "daily discharges"of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators,the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average(concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property,damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1)of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements.An upset does not include noncompliance caused by operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive maintenance, or careless or improper operation. Weekly Averaue(concentration limit) The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar week.In the case or fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. -General Conditions 1. Duty to Comply_ The Pernittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance,or modification;or denial of a permit renewal application(40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established tinder section 307(a)of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d)of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the [GCl1l lrerllent. b. The CWA provides that any person who violates scetion[s] 301,302,306,307,308,318 or 405 of the Act,or any permit condition or limitation implementing any such sections in a permit issued under section 402,or any requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act, is subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318, or 405 of the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or 402(b)(8)of the Act,is subject to criminal penalties of$2,500 to$25,000 per day of violation, or ers,'or,1'„103l20 44 NPDES Permit Standard Conditions Page 4 of 18 O imprisonment of not more than 1 year,or both.In the case of a second or subsequent conviction for a negligent violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by imprisonment of not more than 2 years,or both.[33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)1 d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both. In the ease of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301,302,303, 306, 307, 308,318 or 405 of the Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury,shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than 15 years,or both.In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years, or both.An organization,'as defined in section 309(c)(3)(A)(iii)of the CWA,shall,upon conviction of violating the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [North Carolina General Statutes§ 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,302, 306,307,308,318 or 405 of this Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act.Administrative penalties for Class 1 violations are not to exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $37,500.Penalties for Class 11 violations are not to exceed S 16,000 per day for each day during which the violation continues,with the maximum amount of any Class 11 penalty not to exceed$177,500. [33 USC 1319(g)(2)and 40 CFR 122.41(a)(3)] 2. 17ujy to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on"Bypassing"(Part 1I.C.4),"Upsets"(Part II.C.5)and"Power Failures" (Part II.C.7),nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act,33 USC 1319.Furthermore,the Perm ittec is responsible for consequential damages,such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. w. vu auu nacaiuuua SuUsuee i.iabiutY r - Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permitter from any responsibilities,liabilities,or penalties to which the Permittee is or may be subject to under,NCGS 143- 215.75 et seq. or Section 311 of the Federal Act,33 USG 1321. Furthermore,the Permittee is responsible for consequential damages,such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property,or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any infringement of Federal, State or local laws or regulations[40 CFR 122.41(g)]. 6. Onshore or Offshore Const vxch'on This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011 NPDI:S Permit Standard Conditions Page 5 of I8 7, Severability The provisions of this permit are severable. If any provision of this permit,or the application of any provision of this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the remainder of this permit,shall not be affected thereby[NCGS 15013-23]. 8. Duty to Provide_Information The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit.The Permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required by this permit(40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the Permittee must apply for and obtain a new permit[40 CFR 122.41(b)]. 10. Exgiration of Permit The Permittee is not authorized to discharge after the expiration date.In order to receive automatic authorization to discharge beyond the expiration date,the Permittee shall submit such information,forms,and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shalt not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122,21(d)]Any Penmittee that has not requested renewal at least 180 days prior to expiration,or any Pennittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section,a responsible corporate officer means: (a)a president,secretary,treasurer or vice president of the corporation in charge of a principal business function,or any other person who performs similar policy or decision making functions for the corporation, or(b)the manager of one or more manufacturing,production,or operating facilities,provided,the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations;the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements;and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship. by a general partner or the proprietor, respectively;or (3) For a municipality, State,federal,or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a.above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity,such as the position of plant manager,operator of a well or well field, J 1pelIn alGnd LL a,LI pV7l'LLiOn 47e,,..'....7e„�tea.,„,,., '},'1'fi. nw nn ' .9iari.ierol nr nneitinn h�annn nvarutt Vl 4l,�U17[i11,13�lNJkJVLJ1V1114r,VA NAIL iuua�AV aaN•v. l.vv.•.v.. ,w........ responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) 'rho written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22] Version 11/09/2011 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization:If an authorization under paragraph(b)of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility,a new authorization caticfvina the mmlirr.mPnts of naramranh (h)of thig%fechnn mmd he-,ubmittecl to the Director nrior to or together with any reports,information,or applications to be signed by an authorized representative(40 CFR 122.221 d. Certification. Any person signing a document under paragraphs a. or b.of this section shall make the following certification(40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 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 quaked 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, accuraie, and complete. I am aware rnai mere are signijrcant penames Jor submitting false information, including the possibility offlnes and imprisonment for knowing violations." 12. Permit Actions This permit may be modified,revoked and reissued,or terminated for cause.The filing of a request by the Permittee for a permit modification,revocation and reissuance,or termination,or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]_ 13. Permit Modification.Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations contained in Title 40,Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina Administrative Code,Subchapter 02H.0100;and North Carolina General Statute 143.215.1 et.al. 14. Annual Administering and CompAiance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H A 105(b)(2) may cause this Division to initiate-action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified O erator Owners of classified water pollution control systems must designate operators,certified by the Water Pollution Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the system,and,for each classification must[T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s)in.Responsible Charge(Back-up ORCs)who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system,with the A- C XCUPL1Ull Ul nu uacKIIp Uperatur III ruspurlstole unarge is Tuquiruu for systems Wr1USC 1mIUIUUlIr VialtalI I requirements are twice per year;and c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission (or to the local health department for owners of subsurface systems)countersigned by the designated certified operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible Charge(Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system;or (2) within 120 calendar days following: re-ceii-m-ing notification of a change-;-.1-he claasssifi=i­ —P4'k-­t­ f U.A.., _f Operator in Responsible Charge(ORC)and Back-up Operator in Responsible Charge(Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in Responsible Charge(Back-up ORC). Version 11/09/2011 NPDES Pen-nit Standard Conditions Page 7 of 18 O (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility(or the Back-up ORC, when acting as surrogate for the ORC)must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II,lI1 and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment .facility must be visited at least five days per week,excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and rplat(! nnnizrtr_.nRnresl which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate,laboratory controls and appropriate quality assurance procedures.This provision requires the Pennittce to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit(40 CFR 122.41(c)]. 4. Bvpassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122AI(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but only if it also is for essential maintenance to assure efficient operation.These bypasses are not subject to the provisions of Paragraphs b.and c.of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass.if the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Pennittec shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Penuittce for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass,such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime.This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b.of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system pe—;t assoc.a+Yd;;th fke i�atmpnt facility. Version 11/09/2011 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects,if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (I)of this section. 5. Upsets a. Effect of an upset[40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b.of this condition are met.No determination(made during administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance,is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate,through properly signed,contemporaneous operating logs,or other relevant evidence that: (1)An upset occurred and that the Permittee can identify the cause(s)of the upset; (2)The Pennittee facility was at the time being properly operated;and (3)The Permittee submitted notice of the upset as required in Part MEA(b) of this permit. (4)The Permittee complied with any remedial measures required underpart 11.13.2. of this permit. c. Burden of proof[40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission.The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge,including 40 CFR 503,Standards for the Use and Disposal of Sewage-Sludge;40 CPR O Part 258,Criteria For Municipal Solid Waste Landfills;and 15A NCAC Subchapter 2T,Waste Not Discharged To Surface Waters.The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Pennittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H .0124)to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sam lip Samples collected and measurements taken,as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the J]--i'---- C--.I-- ---'-],1-- -----1- -- ----_ •11 --'-- -1-'- -'--n 1-- `-1--- --it-- ------`---'---------`-- -----]1=_-1 1- aL]- UlSL3luigu LUL LUU pe11UU Ulu sample represents.All salnplus SUU11 UC UdKUH dL We I11MULUILJg' pUIUth S13CULIMU 111 u11J permit and, unless otherwise specified,before the effluent joins or is diluted by any other wastestream,body of water, or substance.Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority[40 CFR 122.41(�)]. <.. x�v vvlwls � Monitoring results obtained during the previous month(s)shall be summarized for each month and reported on a monthly Discharge Monitoring Report(DMR)Form(MR 1, 1.1,2,3)or alternative forms approved by the Director,postmarked no later than the last calendar day of the month following the completed reporting period. The first D!l L ;s Aire nn Iha 1n t A.—nFtl�a rr. ft, 'b"o ding tl�n;nssinnce of the perm;f-in the case ofa nessr auv first L1�u�RV Y4V VRA I A43J1 Uc.J VA 1s�V l.i 1wA --1V11unlil� -- i�hT�W Vt v ea......V• .i —I—I va u aaV♦f facility,on the last day of the month following the commencement of discharge.Duplicate signed copies of these, and all other reports required herein,shall be submitted to the following address: Version 11/0912011 NPDES Perrnit Standard Conditions Page 9 of 18 NC DENR/Division of Water Quality/Surface Water Protection Section ATTENTION:Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.The devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes.Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division.Permittees should contact the Division's Laboratory Certification Section(919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert)for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations(published pursuant to NCGS 143-215.63 et. seq.),the Water and Air Quality Reporting Acts,and to regulations published pursuant to Section O 304(g),33 USC 1314,of the CWA(as amended),and 40 CPR 136, or in the case of sludge use or disposal, approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit[40 CFR 122.41]. To meet the intent of the monitoring required by this permit,all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive(method with the lowest possible detection and reporting level)approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both. If a conviction of a person is for a violation committed after a fast conviction of such person under this paragraph, punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years, or both[40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CPR 503), the Permvttee shall retain records of all monitoring information,including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit A copies of all data used to complete the application for this permit S, These records or copies shall be maintained for a period of at least 3 years from the date of the sample, my—no urement r=ort or annli�ratinn Thie narind may TAP extended by ren„Pct of the.nimr_.tor at any time r40 CFR 122.41]. Version 11/09/2011 NPDES Permit Standard Conditions .page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the foiiowing information[40 CFR 122.411. a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s)analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. 8. lnspect(on and Entry The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law,to; A Enter,at reasonable trmran .,ulre 1]e...�,:�+e..}............ ......._.i..._.. r_._�[__•e•.._ � .- w,upon uniLfteJ prci1 ises where a regulated ldelinty ur utAlvity is located or conducted,or where records must be kept under the conditions of this permit; b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit; e. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable tunes,for the purposes of assuring permit compliance or as otherwise authorized by the CWA,any substances or parameters at any location [40 CPR 122.41(i)]. Section E .Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit.The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee slrali give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility[40 CFP, 122.41(1)].Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged,This notification applies to pollutants subject neither to effluent limitations in the permit,nor to notification requirements under 40 CFR 122.42(a)(1);or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,and such alteration,addition or change may justify the application of permit conditions that are different from or absent in the existing permit,including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. , 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit[40 CFR 122.41(l)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61, The Director may condition approval in accordance with NCGS 143-215.1,in particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit,or a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(l)(3), 122.61]or state statute. NPDES Permit Standard Conditions Page 1 I of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part II.D2)or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge,the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. TwenW-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or-the environment.Any information shall be provided orally within 24 hours from the time the Pennittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances.The written submission shall contain a description of the noncompliance,and its cause; the period of noncompliance,including exact dates and times,and if the noncompliance has not been corrected,the anticipated time it is expected to continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at(800)662-7956,(800) 8 58-03 68 or(919)733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part 11.E.5 and 6. of this permit at the time monitoring reports are submitted.The reports shall contain the information listed in Part 11.1 .6. of this permit [40 CFR 122A t(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information[40 CFR 122.41(1)(8)]. 9. Noncomnliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic,such as the dumping of the contents of a sludge digester;the known passage of a slug of hazardous substance through the facility;or any other unusual circumstances. b. Any process unit failure,due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station, sewer line,or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or faculty. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part 1V.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2)or Section 308 of the Federal Act, 33 USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division.As required by the Act, effluent data shall not be considered confidential.Knowingly making any false statement on any such report may result in'the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2)or in Section 309 of the Federal Act. Version 11/09/2011 NPD1 S Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement,representation,or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall,upon conviction,be punished by a Fine of not more than $25,000 per violation,or by imprisonment for not more than two years per violation,or by both[40 CFR 122.41]. 12. Annual Performancc Reports Pere ittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the userslcustomers served by the Pernaittee(NCGS 143-215.1C).The report shall summarize the performance of the collection or treatment system,as well as the extent to which the facility was compliant with applicable Federal or State laws,regulations and rules pertaining to water duality.The report shall be provided no later than sixty days after the end of the calendar or fiscal year,depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR/Division of Water Quality/Surface Water Protection Section ATTENTION:Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 11/09/20f I NPDES Pernut Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plants treatment capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements under Item b.of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394],no permit shall be required to enter into a contract for the construction, installation,or alteration of any treatment work or disposal system or to construct,install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat,equalize,neutralize,stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the disr_.harge may he enndified ifrenuired by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C, C'hnnur__s in Dischnruec of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter(100 ug/[,); (2) Two hundred micrograms per Titer(200 Ag/L)for acrolein and acrylonitrile; five hundred micrograms per liter (500 ltg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;and one milligram per liter(1 mg/L) for anti pony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following"notification levels"; (1) Five hundred micrograms per liter(500 Ag/L); (2) One milligram per liter(1 mg/L)for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Pemiittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit.The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State.This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 11/09/2011 NUDES Permit Standard Conditions Page 14 of 18 PAIN IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in fart II of this permit,the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b),(c)or(d)of the CWA. [40 CPR 403.3 (i)and 0)and 15A NCAC 0214 .0903(b)(I 1)] Interference Inhibition or disruption of the POTW treatment processes; operations;or its sludge process,use,or disposal which causes or contributes to a violation of any requirement of the Permittee's(or any satellite POTW's if different from the Permittee)NPDES, collection system,or non-discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes,regulations,or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which,alone or with discharges from other sources,causes a violation,including an increase in the magnitude or duration of a violation, of the Permittee's(or any satellite POTW's,if different from the Permittee)NUDES,collection system,or non-discharge permit. [15A NCAC 02I1.0903(b)(23)] Publicly Owned Treatment Works(POTW) A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment,recycling and reclamation of municipal sewage or industrial wastes of a liquid nature.It also includes the collection system,as defined in 15A NCAC 2T O 0402,only if it conveys wastewater to a POTW treatment plant.`I'he term also means the local government organization,or municipality,as defined in section 502(4)of the CWA,which has jurisdiction over indirect discharges to and the discharges from such a treatment works.In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges.This second type of POTW may be referred to as a"satellite P9fW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User"or"SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that[I5A NCAC 02H. .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary, noncontact cooling and boiler blowdown wastewaters);or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted flow limit or organic capacity of the POTW treatment plant.In this context, organic capacity refers to BOD,TSS and ammonia; or 3. Is subject to categorical standards under 40 CF'R fart 403.6 and 40 CFR Parts 405-471;or 4. Is designated as such by the Pennittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement,or Elie POTW's effluent limitations and conditions in its NUDES or non-discharge permit,or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement,the POTW's effluent limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options,and thus is not a Significant Industrial User(SIU);or 6. Subject to approval under 15A NCAC 02H.0907(b),the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 C1;R Part 403.3(v)(2)and thus is a non-significant categorical Industrial User. . Section B. Pubtiely Owned Treatment Works(POTWs) Version 1110912011 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of transport,which would be subject to section 301 or 306 of CWA if it were directly discbarging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. '1 Cam- «.+5cs rrl.:.+..ara-rr...,F, �rla+n,.otn nnlirn ohell include iinfnrmatinn nn(11 the nimlity and[ inntity ofefflitent. Y L Vr p�lr klVJ VJ Vl U1W r.lW(A�',l G�/Lr,Nl�V�44«v uV�svv r..•r•••�vw.w•. \•-! - 7'^^'•'J -r—' -- introduced into the PUFW,and(2)any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit.Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge.At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Pernlittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Intcrlerence as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: r t -_'a_1 (1) Pollutants which create a fire or explosion hazard in the P0'T,including,but not cu_ iuteu to, wastcstreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH lower than 5.0,unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant,including oxygen demanding pollutants(BOD, etc.)released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C(I G4°F) unless the Division,upon request of the POTW,approves alternate temperature limits; (6) Petroleum oil,non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a quantity that may cause acute worker health and safety problems;or (8) Any trucked or hauled pollutants,except at discharge points designated by the POTW. c. The Permittee shalt investigate the source of all discharges into the POTW,including slug loads and other unusual discharges,which have the potential to adversely impact the Permittec's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Peradttee became aware of the circumstances.A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge,including exact dates and times; if the isdischarge has not ceased,the anticipated time it is expected to continue;and steps taken or planned to reduce, eliminate,and prevent reoccurrence of the noncompliance, Version 11/09/2011 NPDES Permit Standard Conditions Page 16 of 18 4 3. With regard to the effluent requirements listed in Part 1 of this permit,it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards(40 CFR,Part 403)to ensure compliance by the Ve.-.�,:t+ee will, all' .�pp'.....1.1e e#I..e..t lir.�.itn+;- Q-1%artinne 1 y tlke D-ift-er-two menace 0l'il-.., ;-- k1l\.1 Vlll.= W-411[i1Jt1. VlV R.L1lllVllL 113111�4L�iVUJ• V4 -uaa�.ViiJ V j --1 L.1_.-ai���a�--.7 -ii+v�.s.sa<al av cVui wcib some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User(W)discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b)of the Act as amended(which includes categorical standards and specific local limits,best management practices and narrative requirements).Prior to accepting wastewater from any Significant Industrial User(SILT),the Permittee shall either develop and submit to the Division a new Pretreatment Program or,as necessary,a modification of an existing Pretreatment Program,for approval as required under section D below as well as 15A NCAC 02H.0907(a)and(b). [40 CFR 122.440)(2)] 5. This permit shall be modified,or alternatively,revoked and reissued,to incorporate or modify an approved POTW Pretreatment Prowmm or to include a emmnliance cchMnle for the rlevelnnment of a POTW Pretreatment PrnvTam as required under Section 402(b)(8)of the CWA and implementing regulations or by the requirements of the approved State pretreatment program,as appropriate. Section D. Pretreatment Programs Under authority of sections 307(b)and(c)and 402(b)(8)of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14)and implementing regulations 15A NCAC 02H.0900,and in accordance with the approved pretreatment program,all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. 140 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8)of the CWA,40 CFR 403, 15A NCAC 02H.0900,and the legal authorities,policies,procedures,and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not Iimited to the implementation of the following conditions and requirements.Terms not defined in Part 11 or Part.1V of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. I. Sewer Use Ordinance SUO The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 021-1 .0903(b)(32), .0905 and .0906(b)(1);40 CFR 403.8(f(I)and 403.9(b)(1)and(2)] 2. Industrial Waste Survey(IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii)and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU.Where the Permittee accepts wastewater from one or more satellite POT Ws,the IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those satellite service areas is administered by a separate Permittec with an approved Pretreatment Program,The Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as required by the.Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c.of this Part. [15A NCAC 02H .0903(b)(13), .0905 and.0906(b)(2);40 CFR 403.8(f)(2)and 403.9] 3. Monitoring Plan The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis(HWA)for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs(as required by Parts I1.D and 111.5.). [15A NCAC 02H.0903(b)(16), .0906(b)(3)and.0905] 4. Headworks Analysis(HWA)and Local Limits •rt__ n-_____..__ _1__11 _><._:_ ^!_t_e_- -_--_-`--� _t_ •mll _.l__ c- --- LUG rGi1111ltGG.1lld11 UtJIdU1 kJkVk5kV11 i1pplVViE1 Vk d 11VyF]tit 1G21S1 Vkil%e GVGly 11VG�/Gi1,CS,21[lu dS rl;gLlul:C[Uy uit; Division. Within 180 days of the effective date of this permit(or any subsequent permit modification)the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits(i.e., an updated HWA or documentation of why one is not needed)[40 CFR 122.441.The Permittee shall develop,in accordance with 40 CFR 403.5(c)and 15A NCAC 02H .0909,specific Local.Limits to implement the prohibitions listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H.0909. Pursuant to 40 CFR 403.5, local limits are Version 11/09/2011 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defmcd by 40 CFR 403.3(l). [15A NCAC 02H.0903(b)(10), .0905,and .0906(b)(4).] 5. Industrial User Pretreatment Permits(IUP)&Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users,permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works.These permits shall contain limitations,sampling protocols,reporting requirements,appropriate standard and special conditions,and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Perrnittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits from all IUPs.Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H.0906(b)(6), .0909, .0916,and.0917;40 CFR 403.5,403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct(AtQ) The Per nittee shall ensure that an Authorization to Construct permit(AtC)is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. prior to the issuance of an AtC,the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit OUP)limitations. [15A NCAC 02H .0906(b)(7)and.0905;NCGS 143- 2I5.1(a)(8)] 7. POTW Inspection&Monitoring of tML Us The Permittee shall conduct inspection,surveillance,and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards.[15A NCAC 02H.0908(c);40 CFR 403.8(0(2)(v)] The Pernnittee must: a. Inspect all Significant Industrial Users(51Us)at least once per calendar year; b. Sample all Significant Industrial Users(SiUs)at least once per calendar year for all S1U permit-limited parameters including flow except as allowed under 15A NCAC .0908(e);and c. At least once per year,document an evaluation of any non-significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit,or in I SA NCAC 02H.0908. [15A NCAC 02H .0906(b)(5)and.0905;40 CFR 403.8(f(l)(v)and(2)(iii);40 CFR 122.440)(2)and 40 CFR 403.121 9. Enforcement Response Plan(ERP) The Perinitice shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b)and(c)of the CWA(40 CFR 405 et.seq),prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 0211.0909,specific local limitations,and other pretreatment requirements.All remedies,enforcement actions and other,shall be consistent with the Enforcement Response Plan (ERP)approved by the Division. [15A NCAC 02H.0903(b)(7), .0906(b)(8)and.0905;40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports(PAR) The Permittee shall report to the Division in accordance with; 15A NCAC 02H.0908.In lieu of submitting annual reports,Modified Pretreatment Programs developed under 15A NCAC 02H.0904(b)may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR)describing its pretreatment activities over the previous calendar year to the Division at the following address: Y mJlV1f !f/VJ/GVl 1 NPDES Permit Standard Conditions Page 18 of 18 NC DENR/Division of Water Quality/Surface Water Protection Section Pretreatment,Emergency Response,and Collection Systems(PERCS)Unit IV i ! iY1Q11 0t;,J V1L4%.%,I I.41 Raleigh,North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken,or proposed,by the Permittce to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary(PPS) A pretreatment program.summary(PPS)on forms or in a format provided by the Division; c. Significant Non-Compliance Report(SNCR) A list of Industrial Users(Ns)in significant noncompliance(SNC) with pretreatment requirements,and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms(IDSl) 11X..., c,...ng Aata Jr-o .. s ples collect -1 by 1...t1, 4.e On'r1IT and &U Q:.,,,:1:...,.-.1 t.,A,.r1..:.,1 11�e /Q if 1�) 'i`4.- 1�av111w1III LI la 1.1 Vili�7alll�llV�]1V11�r,..CCU V U M u.+..c v.. ■. w« 1..�..�.b.....,......,...0 uol..u. �o �.....�o f. ...— analytical results must be reported on Industrial Data Summary Forms(IDSF)or on other forms or in a format provided by the Division; e_ Other Information Copies of the POTW's allocation table,new or modified enforcement compliance schedules,public notice of [Us in SNC,a summary of data or other information related to significant noncompliance determinations for Ws that are not considered SIUs,and any other information,upon request,which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; It. Public Notice The Permittee shall publish annually a list of Industrial Users(1Us)that were in significant noncompliance(SNC) as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period.This list shall be published within four months of the applicable twelve-month period. [15A NCAC 021.1 .0903(b)(34), .0908(b)(5)and.0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record.KeeuinQ The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records,water quality records,and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H.0908(f). [I 5A NCAC 02H.0908(f);40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program.and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9)and(10)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users(SIUs),and Monitoring Plan modifications,shall be considered a pemut modification and shall be governed by 40 CER 403.i 8, 15 NCAC 021i .0 1 14 and I SA NCAC 02H .0907. Version 11109.12011 ME North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 15, 2015 Mr. Gregory Taveras Vice President Operations The Quartz Corp USA P.O. Box 309 Spruce Pine,NC 28777 Subject: Air Permit No. 04082R25 The Quartz Corp USA - Spruce Pine, Mitchell County,North Carolina Permit Class: Synthetic Minor . Facility ID#6100020 Dear Mr.Taveras: In.accordance with your.completed application received October I7,2014, woare forwarding herewith Permit No. 04082R25 to The Quartz Corp USA, Spruce Pine, Mitchell County, North Carolina for the construction and operation of air emissions sources or air cleaning devices and appurtenances. Additionally,any emissions activities determined from your air permit _ application as meeting the exemption requirements contained in 15A NCAC 2Q .0102 have been s listed for information purposes as an "ATTACHMENT" to the enclosed air permit. Please note the records retention requirements arc contained in General Condition 2 of the General Conditions and. _ Limitations. If any parts,requirements, or limitations contained in this permit are unacceptable to you, you have the right to request a formal adjudicatory hearing within 30 days following receipt of this permit, identifying the specific issues to be contested. Such a request will stay the effectiveness of the entire permit. This hearing request must be in the form•of a written petition, conforming to G.S. 150B-23 of the.North Carolina General Statutes, and Bled with the Office of Administrative hearings, 6714 Mail Service Center,:Raleigh,NC 27699-'6714..The forma for requesting a formal adjudicatory hearing may be obtained upon request from the Office of Administrative Hearings. Unless a request for a hearing is made pursuant to G.$. 15013-23, this air permit shall be final and binding: s _ AsheYllie KwGnal office-Division of Air vuamy 2090 U.S.Highway 70,Svrannanoa,North Carolina 28778 Phone:828-29645001 FAX:828-299-7043 Internet;wmncdenr.aov An tquar Gpporiunny i Ankineuve muon cmpi0yer-mede in pea by recycled paper Mr. Gregory Taveras January 15, 2015 " Page 2 I ou may iel ues InUdine ttion of your air permit LlirougII in-upon mul iRCaIls pursuwiL to CJ.J. I50B-22. This requestmust be submitted in writing to the.Director and must identify the specific provisions or issues for which the modification is sought. Please note that the permit will become final and binding regardless of a request for informal modification unless a request for a hearing is also made under G.S. 15013-23. Unless exempted by a condition of this permit or the regulations, construction of new air pollution sources or air cleaning devices,or modifications to-the sources or air cleaning devices described in this permit must be covered"under a permit issued by the Division of Air Quality prior to construction. Failure to do so is a violation of G.S. 143-215.108'an' d may - subject the Permittee to civil or criminal penalties as described in G.S. 143-215.114A and 143- 215.114B. 'Fbis permit shall be effective from January 15,.2015 until December 31,2022, is nontransferable to future owners and operators, and shall be subject to the conditions and limitatiobs as specified therein. Changes have been made to the permit stipulations. The Permittee is responsible for. carefully reading the entire permit and evaluating the requirements.of each permit stipulation.The Permittee shall comply with all terms,conditions, requirements,limitations and restrictions set forth in this permit.Noncompliance with any permit condition is grounds for enforcement action, for permit termination, revocation and reissuance,or modification, or for denial of a permit renewal application. Speeific'ehariges and additions are summarized 'a below(note:this list may not include all changes and additions): i • The facility's name is changed from "The Quartz Corp USA,The Feldspar Corporation" to "The Quartz Corp USA" with this renewal; • A condition requiring stack test results from Dryer FBD.1:6c submitted to DAQ by August 31, 2021, is added to the permit with this renewal; • Because a stack test of Dryer FBD2 was performed on October 29,1014, there are no j testing'requiremeiats for this unit in the renewed permit; . ;. • .Several emission units are removed from the permit with this,issuance of this renewal. In some cases, the equipment was never installed.In other cases', the processes were no' A. aw a :�: .. LJLLV lvugir ilc%c .1411S 1_IGCHUSe the laculty uV iVL lu gCr processes n"I ucj'V ull LUG 11VaLOuvll - V process. 4- Because Fluid Bed Dryer FBD2 no longer processes mica,the mica processing limit is f removed from the synthetic minor condition with this renewal. • Fluid Bed Dryer FBD2 is moved from the equipment list of Plant 2 to Plant 3, and Bucket EIevator Ma is moved from the equipment list of Plant 2 to Plant 1. S • The P description of Silo 14B is updated to reflect that it stores F20 instead of mica. - p Mr. Gregory Taveras January 15, 2015 Page 3 • The description of emission source "4-bid' is corrected to indicate that this is two storage bins instead of one. - • The description of Fluid Bed Dryer FBD2 is updated to reflect that it only burns natural gas because it no longer has the ability to burn No. 2 fuel oil. ._ • This Permit contains an emissions inventory requirement for the 2021 calendar year as part of the next renewal in 2022. • Permits are now issued for eight years. - Should you have any questions concerning this matter,please contact Christopher Scott at 828-296-4500, Sincerely, - - - Paul K. Muller, P.F.,Regional Supervisor �.. Division of Air Quality,NCDENR PKM:ces Enclosures - c: Asheville Regional Office - -_ d j; • I� NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF AIR QUALITY - AIR PERMIT NO.04082R25 Issue Date: January 15,2015 . Effective Date: January 15,2015 Expiration Date: December 31, 2022 Replaces Permit:04082R24 To construct and operate air emission souroe(s) and/or air cleaning device(s),and for the discharge of the associated air contaminants into the atmosphere in accordance with the provisions of Article 21 B of Chapter 143, General Statutes of North Carolina(NCOS) as amended,and other applicable Laws, Rules and Regulations, The Quartz Corp USA 814 Altapass Road _ P.O. Box 99 O Spruce Pine, Mitchell County,North Carolina Permit Class: Synthetic Minor Facility ID# 6100020 _ (the Permittee)is hereby authorized to construct and operate the air emissions sources and/or air cleaning devices and appurtenances described below: - Emission Emission Source I Control - Control System Source ID _ Description - ._� System ID I Description Feldspar Transfer O�eratio_n`_ ESTl one dump hopper with feeder, equipped �_ yoith,wet suppressibn 'N/A I —N/A ----- EST- EST3 three 30-inch wide unenelosed conveyor J - and EST4 I belts, each equipped with wet suppression I N/A - N/A r PSI - TS, F..ST6 three 30-inch wide enclosed conveyor E5T7 . . belts,each equipped with wet suppression .� N/A I N/A i(NSPS) . . - Permit No. 04C82R25 Page 2 Emission Emission Source Control Control System Source ID Deser tion _ .. _i System-ID_ Description _._ - Plant 1 � Ill o l Pebble Mill CD-Fi Ilone bagfilter (339 square feet of filter F 7 - _ bagging and loading operation F-7c one bagfilter ! ELL I one bucket eievator (10,848 square feet of filter 11 — .------.. --- .___.. ._.___-._. . �'—'-----------' H o. 4 Pebble Mill — � CD-H one bagfilter ! ! I (339 square feet of filter _ 1 area) ! . M Pebble MillNo. 5-enclosed pebble mill c one cartridge-type filter process consisting of a classifier and a (3,616 square feet of filter _ closed loop cyclone area) --- - FLD I one natural gas/No. 2 fuel oil-feed fluid onecycloneSPS) bed dryer(11.7 million BN per hour (44 inches in diameter), in maximum heat in u[ unth a maximum series with P )processingcapacity of 38.0 tons per hour [BDIc BDLs _� one venturi wet scrubber L_ LO one bucket elevator installed on drying FBDls one venture wet scrubber ! _ ES-BE our bucket elevators (ID Nos. FBDELV, OBC one bagfilter (NSPS) F20ELV, OSELV acid F20BLKELV) _ ] (2,264 square feet of filter - F DS)RN one screen....`--'—'------- _ (area) v SPS - ES BC six 24 rock wide belt conveyors(ID Nos. ' (NSPS)— ACONV,BCONV B3CONV, B4CONV, _ B5CON_V_and F20BLKC)_ _-J IES BL five bulk loadouts (ID Nos. F20BLKLD, F20LD2, F20hD3 F20LD4 and F20LD5) RS-SC 111bur screw conveyors ((D Nos SCB2, ' (NSPS) .,,_..i SCB3, SCB4 and SCB5) - ES-SB7 five storage bins (ID Nos I 708L ROB2, F2OB3, F20B4 and F20B5).,_ ._.� _ -._ - _.__-6PM Pebble Mill No 6 with feeder rPM6B(77one cartridge type filter(3 616 square feet of filler na) _ _ MS 1 one magnetic separator _ MSc-1 one bagfilter BE-1 one Exolon Elevator (804 square feel of filter I area) Permit No. 04082R25 - - Page 3 11 O Emission ! Emission Source I Control i Control System j 1 Source Ill'�` Description _ . __ System ID I[ Description jPlant 1 (continued)p -— � B Ilene square feet of filter i _. _ FXPKG _ one packaging system with 3 loadouts 'EX4DBC one bagfilter - hS SB2 hree store a bras ID Nos FX1020B, g ( ) (NSPS) FXOSA and FX40B) 114B _ I one F20 storage sdo _ i ABBC Ion bagfilter SB3 BB one storage bra - i�(804 square feet of filter iNE (NSPS) _J onepebble will elevator _ _ 10-18BC one bag"rer I OB 11B, five fine grind storage silos I(1,246 square feet of filter I 12B 13B and I area) 1.15B I I SPS --- i Ill Nos _H 17B d,I BB }... CS Sdos2 three fine grind storage silos - _ Emission j Emission Source I Control Control System ® I .Source ID I Descrr-ption System ID � V_ Description IPIant2 I ES-1 lone brae silo JCD-1 one bagfilter _ II (180 square feet of filter .. _...... ___ _ ....... @mission Emission Source Control ! Control System - ! . Source_ID J _Descn(rtion_ ' System ID - Description - 1PIAnt3 ' -- - �FBI)2 !one natural gas-fired fluid bed dryer(10.5 FBD2a, 'I one be Ale, (NSPS) million Btu per hour maximum heat input (4,300 square feet of filter rate)with a maximum processing capacity FBD2b r(21�: ) one ventud scrubber of 25 tons per hour gpm liquid injection ).___.__ j —'one bucket elevator BGH !one bag filter ' f(N PS) - (3,616 square feet of filter j os P(N . to one packgi rig operationarea).... -- . . Permit No. 04082R25 - Page 4 Oin accordance with the completed application 6100020.14A received October 17, 2014 including any plans, specifications, previous applications,and other supporting data, all of which are filed with the Department of Environment and Natural Resources, Division of Air Quality(DAQ) and are incorporated as part of this permit. - This permit is subject to the following specified conditions and limitations including any TESTING. REPORTING:OR MONITORING REOUIREMENTS: A. SPECIFIC CONDITIONS AND LIMITATIONS 1. Any air emission sources or control devices authorized to construct and operate above must be operated and maintained in accordance with the provisions contained herein. The Permittee shall comply with applicable Environmental Management Commission - Regulations, including Title 15A North Carolina Administrative Code (NCAC), Subchapter 2D .02025 2D .0509,2D .0510,21) .0515,21) .0516, 2D .0521, 2D .0524(40 CFR 605 Subparts 000 and Subpart UUU), 2D .0535,21) .0540, 21) .0605, 2D .1806,2Q .0315 and 2Q .0711. 2. -PERMIT RENEWAL AND EMISSION INVENTORY REQUIREMENT - The Permittee, at least 90 days prior to the expiration date of this permit, shall request permit renewal by letter in accordance with 15A NCAC 2Q .0304(d)and(t). Pursuant to 15A NCAC 2Q ® , .0203(i), no permit application fee is required for renewal of an existing air permit (without a modification request). The renewal request(with AA application form) should be submitted to the Regional Supervisor,DAQ.Also, at least 90 days prior to the expiration date of this permit, the Permittee shall submit the air pollution mission inventory report (with Certification Sheet) in accordance with 15A NCAC 2D .0202,pursuant to N.C. _ General Statute 143 215.65. The report shall be submitted to the Regional Supervisor,DAQ and shall document air pollutants emitted for the 2021 calendar year. 3. PARTICULATE CONTROL REQUIREMENT-As required by 15A NCAC 2D .0509 "Particulates from Mica or Feldspar Processing Operations," for the sources that rpcess feldspar and mica, the following limitations shall apply- - a. Particulate matter emissions that are discharged from any chimney, stack, vent,or outlet shall not exceed allowable emission rates. The allowable emission rates are, as - - 1 defined in 15A NCAC 2D .6509, a function of the process weight rate and shall be ' determined by the following equations(s),where P is the process throughput rate in �! jtons per hour(tons/hr)and E is the allowable emission rate in pounds per hour :i E=4.00 * (P)°sn for P<=30 tons/hr,or - E=20.421 + (P) urwt for P> 30 tons/hr, but< 1,000 tons/hr. or E=38.147 • (P)"'V12 for P r— 1000 tons/hr, but<31000 tons/hr, or - - • E =90.00 Ibs/hr for P >=3,000 tons/hr _ b. Fugitive dust emissions shall be controlled in accordance with 15A NCAC 2D .0540 "Particulates from Fugitive Dust Emission Sources." Permit No. 04082R25 Page 5 emissions. c. Particulate from the conveyors, screens and transfer points shall be controlled in accordance with 15A NCAC 2D .0521 "Control of Visible Emissions," - or with 15A NCAC 2D .0524 "New Source Performance Standards," as applicable. d. The Permittee of any mica or feldspar plant shall control"process-generated emissions: i. From crushers with wet suppression,and ii. From conveyors, screens, and transfer points, such that the applicable opacity standards in Rule .0521 or.0524,of this Section, are not exceeded. 4. PARTICULATE CONTROL REQU REMENT- As required by I5A NCAC 2D .0510 "Particulates from Sand, Gravel, or Crushed Stone Operations," the following requirements apply: a. The Permittee of a sand, gravel, recycled asphalt pavement(RAP), or crushed stone operation shall not cause, allow, or permit any material to be produced,handled, transported,or stockpiled without taking measures to reduce_ to a minimum any particulate matter from m-curning diraurrtc.to pruvunt cxcCCUMg LUC a1Ho1C{tt air ® quality standards beyond the property line for particulate matter, both PM10 and total suspended particulates- b. Fugitive dust emissions from sand, gravel, RAI', or crushed stone operations shall be controlled by 15A NCAC 2D .0540 "Particulates from Fugitive Dust Emission Sources." c. The Permitter of any sand,gravel,RAP, or crushed stone operation shall control process=generated emissions: i. From crushers with wet suppression(excluding RAP crushers); and ii. From-conveyors, screens, and transfer points such that the applicable opacity standards in 15A NCAC'2D .0521 Control of Visible Emissions," or,15A NCAC 2D .0524 "New Source Performance standards" are not exceeded. 5. PARTICULATE CONTROL RE UIREMENT-As required by 15A NCAC 2D .0515 "Particulates from Miscellaneous Industrial Processes," particulate matter emissions from the lime silo (ID No. ES-I)-shall not exceed allowable emission rates. The allowable emission rates are, as defined in 15A NCAC 2D .0515, a function of the process weight rate and shall be determined by the following equation(s), where P is the process throughput rate ® in tons per hour(tons/hr) and E is the allowable emission rate in pounds per hour(lbs/hr). I Permit No. 04082R25 Page 6 ' U.fi7 E=4.10 * (P) for P 4 30 tons/hr,or E=55 * (P) ° -40 for P>30 tons/hr 6. SULFUR DIOXIDE CONTROL REQUIREMENT- As required by 15A NCAC 2D..0516 "Sulfur Dioxide Emissions from Combustion Sources," sulfur dioxide emissions from the two fluid lied dryers (ID No. FBD1'and FBD2)shall not exceed 2.3 pounds per million Btu heat input. 7. VISIBLE EMISSIONS CONTROL REQUIREMENT-As required by 15A NCAC 2D 0521 "Control of Visible Emissions," visible emissions from the separator(ID No. MS-1), two pebble mills (ID Nos. H and NM),,nine storage bins (ID Nos. ES-I,FX10/20B,FXOSB, FX40B, F20BI, F20B2, F20B3, F20B4 and F20B5), one dump hopper.(ID No. EST 1), one packaging operation(ID No. 5-PKG),manufactured after July 1, 1971, shall not be more than 20 percent opacity when averaged over a six-minute period, except that six-minute periods averaging not more than 87 percent opacity may occur not more than once in any hour not more than four times in any 24-hoer period. However, sources which must comply with 15A NCAC 2D .0524 "New Source Performance Standards" or .1110 "National Emission Standards for Hazardous Air Pollutants"must comply with applicable visible emissions requirements contained therein. 8. VISIBLE EMISSIONS COW ROL REQUfREMEN! - As required by 15A NCAC 2D .0521 "Control of Visible Emissions,"visible emissions from the six storage silos(ID Nos. I OB, I IB, 12B, 13B, 14B and 15B), three bucket elevators (1D Nos..EL2a, ELL and BE-1), two pebble mills (ID Nos. 6PM and F-1), Five bulk loadouts (ID Nos. F20BLKLD,F20LD2; F20LD3, F20LD4 and F20LDS) and one bagging and loading operation(ID No. F-7), manufactured as of July 1, 1971, shall not be more than 40 percent opacity when averaged - over a six-minute period, except that six-minute periods averaging not more than 90 percent .opacity may occur not more than once in any hour nor more than four times in any 24-hour -- period, However, sources which must comply with 15A NCAC 2D .0524 "New Source Performance Standards" or-.I 110 'National Emission Standards for Hazardous Air j Pollutants" must comply with applicable visible emissions requirements contained therein. n TrA 1Tll AI" nT, nrnA 111 TT11Fn—T TT]11T- TTT1 T�llT11 l A'ATflT CST A ATTI ATT nit T1_.. il. y. 1Jfl lvl.t�C. L1J .UJL'F 1,4 W 0kjurct.G rms_rululyifllYl.t J 1111VUtltCUJ —it Ule ' s nonmetallic mineral processing.equipment(wet material processing'operations, as defined in 60.671, are not subject to this Subpart)the Permittee shall comply with all applicable provisions, including the notification,testing,reporting,'recordkeeping, and monitoring requirements.contained in Environmental Management Commission Standard I5A NCAC . 2D .0524 "New Source Performance Standards" (NSPS) as promulgated in 40 CFR 60, Subpart 000,including Subpart A "General Provisions." :E Permit No. 04082R25 Page 7 Emission Source Descriptions j` Emission Source ID Nor six 30 inch wide belt conveyors EST2 EST3, EST4, ESTS,EST6 and EST7 - Isix bucket elevators �FBDELV,F20ELV OSELV F20BLKELV, j _ 3 ELV and NE J _ .......-_._ .... .......-. . . _....-_.._.,. -....V_...--------- ---- -----..___-.� l one screen IlDSCRN rl 24 uu,h wide bolt conveyors — — - IBC ONV F20B KC,E3 BC2-B14and ES- `- four screw conveyors -J SCB2, SCB3, SCB4 and SCBS _ JJ 1four bins -- - _ - _-__ _ JFX10/20B, FXOSB FX40B and 4 bin ` JI three storage silos 16135- 17B and 18B i a. NSPS Reporting Requirements -In addition to any other notification requirements to _ the Environmental Protection Agency (EPA the Permittee is required to NOTIFY the Regional Supervisor, DAQ, in WRITING, of the actual date of initial star-up or modification of an affected facility,postmarked within 15 days after such date; b. NSPS Emissions Limitations-As required by 15A NCAC 2D .0524, the following permit limits shall not be exceeded: . is For affected facilities that commenced construction,modification, or reconstruction after August 3 4 1983 but before April 22,2008 (wet material processing operations,as defined in 60,671,we not subject to this Subpart): - ! - Affected Facili I( Pollu Emission �tant Limit .! _ty. i. .. l 1 (i s with dry capture y ms Emissions le17/°�opacity 1 , Affected facilities with .ca capture systems Particulate 0.022 I .�....._ . i.e., bagfilTers) ... Affected facihfles with ca lures stems . Visible e(ix.,bagfilters) j .° Crushers Emissio Visible 5/o ns 1 opacity Fugitive emissions from conveyor belts, Visible screening operations and other effected i� 10%opacity) facilities 1 Emissions --__._ _.._ ...--- ----. 1 -- --- - Permit No. 04082R25 Page 8 If an affected facility is enclosed in a building,the affected facility must comply with the limils listed above OR the building enclosing the affected facilities must comply with a visible emissions limit of seven(7)percent opacity from the building openings (except for vents as defined in 60.671) and a particulate emission limit of 0.022 grains per dry standard cubic foot from the vents. ii. For affected facilities that commenced construction,modification,or IVIVIIbLIUt.L1V11 V11 Vr a11Gr 1AIJ111 Y-4,L.VVO kwGL n1aLG1UU prvl.es J11r,op;raLLV110, as defined in 60.671, are not subject to this Subpart): Affected facility Pollutant ! Emission Limit I affected facilities with dry capture systems I Particulate 0.0.14 (i.e., ba_gfilters-_.--�.---- — ---- Matter -gr/dsef crushers Visible E 12% opac missions j ity i fugitive emissions from conveyor belts, screening operations,and other affected Visible !F(/)oocity facilities i Emissions F c. NSPS Monitoring Requirements-As required by 15A NCAC 21)'.0524, the following monitoring shall be conducted: i. For any affected facility-that commenced construction., modification,or reconstruction on or after April 22, 2008 that uses wet suppression to control emissions, the Permittee shall: - A.. Perform monthly periodic inspections to check that water is flowing to discharge spray nozzles in the wet suppression systems. B. Initiate corrective action within 24 hours and complete corrective action as expediently as practical if the Permittee finds that water is not flowing properly during an inspection of the water spray nozzles. ii. la or any affected facility that commenced construction, modification, or reconstruction on or,after April 22,2008 that is controlled with a bagfilter system, the Permittee shall: A. Conduct quarterly visible emissions inspections using FPA Method 22 while the bagfilter.system is in operation. If any visible emissions are observed, the Permittee must initiate corrective action within 24 hours to return the bagfilter system to normal operation. OR - • B. Install, operate, and maintain a bag leak detections stem according to p g Y g specifications and requirements listed in 40 CFR 60.674(d)(1). The Permittee must develop and submit for approval a site-specific Permit No. 04082R25 Page 9 monitoring plan for each bag leak detection system. The Permittee must operate and maintain the bag leak detection system according to _ the approved site-specific monitoring plan at all times. The.Permittee must initiate procedures to determine the cause of an alarm within 1 hour of the alarm. The cause of the alarm must be alleviated within 3 hours of the alarm by taking any corrective action necessary. d. NSPS Recordkeeping Requirements-As required by 15A NCAC 2D .0524,the following recordkeeping requirements shall_be conducted: . i. - Each inspection of the water spray nozzles,including the date of each inspection and any corrective actions taken,shall be recorded in a logbook(in written or electronic form). - ii. Each quarterly Method 22, including the date, results of the observation, and any corrective actions taken, shall be recorded in a logbook (in written or electronic form). iii. For each bag leak detection system, records of the system output, any system adjustments(including the date and time of the adjustment, the initial system settings, and the final system settings),and information pertaining to all system alarms (including the date and time of the alarm, the time that - ,procedures to determine the causes of the alarm were initiated, the cause of the alarm, an explanation of the actions taken, the date and time the cause of the alarm was alleviated, and whether the cause of the alarm was alleviated within 3 hours of the alarm) shall be recorded in a logbook(in written or electronic form). - - jr iv. The logbooks (in written or electronic form) shall be maintained on-site and _ made available to DAO personnel upon request. -� e. NSPS Performance Testing-As required by 15A NCAC 2D .0524, the following performance tests shall be conducted: Affected Facility . -__ _ - -- Pollutant� Test Method J Affected facilities with dry capture systems Particulate ' i i (i a bagfilter)and vents from a building that encloses Method 5 I - Matter � affected facilities i Affected facilitiesnab with dry capture systems I Visible l91 (i.e., bagfilter)and a building that encloses affected Method 9 1 facilities Emissions Crushers . .. ... $mrssbtons Method 9 - - - - (-_ l Fugitive emissions from conveyor belts screening Vrsrble Method 9 j operations, and other:affected facilmes _ Emissions I[ i Fermat No. 04082R25 Page 10 i. All performance tests shall be conducted in accordance with EPA Reference Methods, contained in 40 CFR 60, Appendix A; ii. The EPA Administrator retains the exclusive right to approve equivalent and alternativelest methods- continuous moniturinLy nrocedures. and renorting requirements; iii. Within 60 days after achieving the maximum production rate at which the affected facility(s)wi11 be operated, but not later than 180 days after the initial start-up of the affected facility(s), the Permittee shall conduct the required performance test(s) and submit two copies of a written report of the test(s)to the Regional Supervisor, DAQ; iv. The Permittee shall be responsible for ensuring, within the limits of practicality, that the equipment or process being tested is operated at or near its maximum normal production rate or at a lesser rate if specified by the Director or his delegate; v. All associated testing costs are the responsibility of the Permittee; t A. The Permittee shall arrange for air emission testing protocols to be provided to the DAQ prior to-testing. Testing protocols are not required to be pre- approved by the DAQ prior to.testing. The DAQ shall review testing protocols for pre-approval prior to testing if requested by the Permittee at Ieast 45 days before conducting the test; and vii. To afford the Regional Supervisor, DAQ, the opportunity to have an observer present, the-Permittee shall PROVIDE the Regional Office,in WRITING, at' least 7 days-notice of any required performance test(s) that involve only -- Method 9. All other tests require a 30 day notice. viii. When determining compliance with the visible emissions limit for a dry capture system(i.e.,bagfilter) that controls an individual enclosed storage �_._ die '----`'-- -ran__ n i--` -�--�� L- ---- �------ �`--- r ---'---�_ ; Din, die duratlon o uc.iv1C1nUCI J test silml UG UI1G tl)11vur ktull U-1Iunute averages). ! ix. When determining compliance with the visible emissions limit from fugitive emissions from crushers, conveyor'belts, screening operations, and other affected facilities (as described in 60.672(6) or 60.672(e)(1)), the duration of the Method 9 test must be 34-m.inutes (five'6-minute averages). Compliance with the fugitive visible emissions limits must be based_ on the average of the five 6-minute averages. x. For any, affected facility that commenced construction, modification, or reconstruction on or after April 22, 2008 that does not Use wet suppression to . control emissions,the Permittee shall repeat the performance tests within five (5)years of the previous test. Permit No. 04082R25 Page 11 If an affected facility relies on water carryover from upstream wet suppression to control fugitive emissions,then that affected facility is exempt _ from the 5-year repeat testing requirement provided that the Permittee conducts periodic inspections of the upstream wet suppression that is - - responsible for controlling fugitive emissions from the affected facility and designates which upstream wet suppression systems will be periodically inspected at the time of the initial performance test. xi. If a building encloses affected facilities that commenced construction modification, or reconstruction on or after April 22, 2008, the Permittee must conduct an initial Method 9 performance test. xii. If a building encloses only affected facilities that commenced construction, modification, or reconstruction before April 22, 2008, and the Pennines has not previously conducted an initial visible emissions performance test,then the Penalties must conduct an initial Method 9 performance test to show. compliance with the above limits. . f. Like-For-Like-Replacement- As provided in 40 CFR 60.670(d), when an existing facility is replaced by a piece of equipment of equal or smaller size, as defined in 40 CFR 60.671,Having the same function as the existing facility,and there is no increase in the amount of emissions, the new facility is exempt from the provisions of 40 CFR60.672, 60.674,and 60.675 except as provided form 60.670(d)(3).The Permittee shall comply with the reporting requirements of 40 CFR 60.676(a). Equipment covered under 40 CFR 60.670 shall comply the requirements of 15A NCAC 2D .0521. 10. 15A NCAC 2D .0524 'WEW SOURCE PERFORMANCE STANDARDS" - For the following equipment,The Pena ittee shall comply with all applicable provisions, including UM aotMeation,testing,reporting,recordkeeping, and monitoringrequvements contained in Environmental Management Commission Standard 15A NCAC 2D .0524 "New Source Performance Standards" (NSPS) as promulgated in 40 CFR 60, Subpart indicated below, and including Subpart A "General Provisions." Emission Source(s). _Reulahon l [Ltntiwdized bed dryers (ID Nos. FBDI and FBD2) Subpart UUU 11 a. NSPS Emissions Limitations-As required by 15A NCAC 2D .0524,the following permit limits shall not be exceeded:- - Affected Souree(s) Pollutant 1111 -Emtssron Limit . fluidized bed dryers 0.057 grams per dry (ID Nos. FBDI and FBD Particulate Matter2) standard cubic meter; - i Permit No. 04082R25 Page 12 O b. NSPS Monitoring Requirements -As required by the subpart, any affected facility using a wet scrubber 0-comply with the mass emission standard shall install, calibrate, operate and maintain monitoring devices that continually measure and record the pressure loss of the gas stream through the scrubber and the scrubbing liquid flow rate to the scrubber. The pressure loss monitoring device must be certified by the manufacturer to be accurate within 5 percent of water column gauge pressure at the level of operation.' The liquid flow rate monitoring device must be certified by the manufacturer to be accurate within 5 percent of design scrubbing lin,,;� �r,nr corn iii uau■sv , auLv. c.' NSPS Recordkeeping Requirements -As required by 15A NCAC 2D .0524, the following recordkeepirrg requirements shall be conducted: i. Each inspection of the water spray nozzles, including the date of each inspection and any corrective actions taken, shall be recorded in a logbook(in written or electronic form) and be made-available to DAQ personnel upon request. ii. Each owner or operator who uses a wet scrubber to comply with 40 CFR Part 60.732 shall determine and record once each day, from the recordings of the monitoring devices as specified in 40 CFR Part 60.734(d), an arithmetic average over a 2-hour period of both the change in pressure'of the gas stream across the scrubber and the flow rate of the scrubbing liquid. Records measurements documenting pressure drop and scrubbing liquid flow rate required in 40 CFR Part 60.734 shall be retained for at least two years and be made available to DAQ personnel upon request. d. NSPS Reporting Requirements In addition to any other notification requirements to = the Environmental Protection Agency(EPA), the Permittee is required to NOTIFY the Regional Supervisor,DAQ, in WRITING, of the following: i. -The actual date production through Plant 1 fluidized bed dryer(ID No. FBDI) exceeds 35 tons per hour by 20%or more(42 tons per hour), postmarked within 15 days after such date; a ii. ' . The actual date production throughh-PIant 2 fluidized bed dryer(ID No. : FBD2) exceeds 8 tons per hour by 20%or more(9.6 tons per hour), postmarked within 15 days after such date •iii. Each owner or operator shall submit written reports semiannually of exceedances of the wet scrubber operating parameters required'to be monitored by 40 CFR Part 60.734. .For the purposes of these reports, exceedanees are defined as follows: A. Any daily.2-hour average of the wet scrubber pressure drop determined as described in (iv)above that is less than 90 percent of the average value recorded according to 40 CFR Part 60.736(c)during the most recent performance test that demonstrated compliance with the particulate matter standard;.or Permit No. 04O82R25 Page 13 t B. Each daily wet scrubber liquid flow rate recorded as described in(iv) above that is less.than 80 percent or greater than.120 percent of the _ average value recorded according to 40 CFR Part 60.736(c)during the most recent performance test that demonstrated compliance with the particulate-matter standard. e.. NSPS Performance Testing- As required by 15A NCAC 21) .0524,the following performance tests shall be conducted for effected facilities subject to Subpart LTUU: .__.._............. __...._- - - -_. .-...._... _ _.._..-....._.....-._. ---------._._.__-_. .._......__ `_.._.._.._._; I _ Affected Facility---__.:_.__., Pollutant �i - eat Method_ -� two fluidized bed dryers� ' �-' (lD Nos. FBD I and FBD2) Particulate Matter Method 5 i. All performance tests shall be conducted in accordance with EPA Reference Methods, contained in 40 CFR 60, Appendix A. 11. The iPA Admilntstrator rettttlns the exclusive right to approve equivalent and . alternative test methods, continuous monitoring procedures,and reporting requirements. Ilt_ Within 180 days after 1Dn.ar T'S]Tli 7.+t i__�_ � J__.. I .uwa Jva i va✓a excc�a he previously tested protluctlOR rate of 35 tons per hour by'20%or more (42 tons per Dour);the Peernittee shall conduct the required performance test(s)and submit a written report of the test(s)to the Regional Supervisor,DAQ. iv. Within 180 days after Dryer FBD2 exceeds the previously tested production rate of 8 tons per hour by 20%or inure(9.6 tons per hour),the Permittee shall conduct the required performance test(s)and submit a written report of the test(s)to the Regional Supervisor, DAQ. -- V. The Penn ittee shall be responsible for ensuring, within the limits of practicality,that the.equipment or process being tested is operated at or near its Maximum normal production rate or at a lesser rate if specified by the Director or his delegate. 'i vi. All associated testing costs are the responsibility of the Permittee. 11. NOTIFIC.A.TION REQUIREMENT- As required by 15A NCAC 2D .0535, the Permittee of a source of excess emissions that last for more than four hours and that results from a a malfunction, a breakdown of process or control equipment or any other abnormal coaaditions, shall: a. Notify the Director or his designee of any.such occurrence by 9:00 a.m. Eastern time :. .. of the Division's next business day of becoming aware of the occurrence and i describe: i Permit No. 04082R25 - Page 14 O - i, the.name and location of the facility, ii. the nature and cause of the malfimction or breakdown, iii. the time when the malfunction or breakdown is first observed, iv, the expected duration, and V. an estimated rate of emissions. b. Notify the Director or his designee immediately when the corrective measures have been accomplished. This reporting requirement does not allow the operation of the facility in excess of Environmental Management Commission Regulations. 11 Fi trrriyE DUST CONTROL REQUIREMENT-As required by 15A NCAC 2D.0540 - "Particulates from Fugitive Dust Emission Sources," the Permittee shall not cause or allow fugitive dust emissions to cause or contribute to substantive complaints or excess visible emissions beyond the property boundary. If substantive complaints or excessive fugitive dust emissions from the facility are observed beyond the property boundaries for six minutes in any one hour(using Reference Method 22 in 40 CFR, Appendix A),the owner or operator may be required to submit a fugitive dust plan as described in 2D .0540(f). - "Fugitive dust emissions"means particulate matter that does not pass through a process O stack or vent and that is generated within plant property boundaries from activities such as: unloading and loading areas;process areas stockpiles,stockpile working,plant parking lots, and plant roads (including access,roads and haul roads). 13, CONTROL AND PROHIBITION OF ODOROUS EMISSIONS -As required by 15A . NCAC 2D,1806 "Control and Prohibition of Odorous Emissions" the Permittee shall not - operate the Facility without implementing management practices or installing and operating odor control equipment sufficient to prevent odorous emissions from the facility from J causing or contributing to objectionable odors beyond the facility's boundary. . _ - 14. LIMITATION TO AVOID 15A NCAC 20 0501 -Pursuant to 15A NCAC 2Q .0315 "Synthetic Minor Facilities,"to avoid the applicability of 15A NCAC 2Q .0501 "Purpose of Section and Requirement for a Permit," as requested by the Permiltes,,facility-wide emissions shall be less than the following:. - Fmission t.irnit a'ollutantl(Tons per consecutive 12-month period) - IIrPM10 - '100 - Inspection and Maintenance Requirements a. Bagfilter and Cartridge Filter Requirements -Particulate matter emissions shall be - .controlled as described in the permitted equipment list. To comply with the ?- provisions of this permit and ensure that emissions do not exceed the regulated limits,the Permittee shall perform periodic inspections and maintenance (I&M)as recommended by the manufacturer. In addition, the Permittee shall perform in, - annual (every 12-month period) internal inspection of each bagfilter system. - Permit No. 04082R25 Page 15 b. PM-Scrubber(Packed Requirements -Particulate matter emissions shall be {I' d Tower) 1A n—fro-1leu as uesurloca in Lne pernlllteu cqulpmerit nSL. 10 CoMpty W1L11 LnC provisions of this permit and ensure that emissions do not exceed the regulatory limits,the Permittee shall perform periodic inspections and maintenance (I&M)as - recommended by the manufacturer. In addition, the Permittee shall perform an annual(every 12-month period) internal inspection of each scrubber system, which includes an inspection of spray nozzles, chemical feed system (if so equipped), and the cleaning/calibration of all associated.instrumentation annually. c: Cyclone Requirements - Particulate matter emissions shall be controlled as described in the permitted.equipment list. To comply with the provisions of this permit and ensure that emissions do not exceed the regulatory limits,the Termittee shall perform periodic,inspections and maintenance(I&M) as"recommended by the manufacturer. At a minimum, the Permittee'shall perform an annual (every 12-month period) -- inspection of the cyclone. d. A log book shall be kept on site for each of the bagfilters and cartridge filters(ID Nos. 10-18BC,ABBC,BGH, CD-H,.CD-I, CD-FI, F-7c, F20BC, FBD2a, FX40BC, MSc-1,NMc and PMbBC), the two venturi wet scrubbers(ID Nos. FBDIs and FBD2b),and the cyclone(ID No. FBD1c) and made available to Division of Air Quality personnel upon request. The Permittee shall record.all inspection, ma111tenanue and 13101I1LV111%IFgLII1rI.Uer1L6 IMMU UUUVe III UA; 1V6 UVVK. tuly.Vtu-Imuc O from the manufacturer's recommendations-shall be investigated with corrections made and date of actions recorded in the log book. 15. TOXIC A1R POLLUTANT EMISSIONS LIMITATION REQUIREMENT-Pursuant to _ 15A T NCAC 2Q .0711 "Emission Rates Requiring a Permit,"for each of the below fisted - toxic air'pollutants (TAPs),the Permittee has made a demonstration that facility-wide actual emissions,where one or more emission release points are obstructed or non-vertically T'S rrzinn_\ It_._1 [� c A ITI A n 11. Vr1e11LVU, LLV 1lUt UXUUUU LIM 1 UAU;YU11111t 11r111bsion Rates l irzns)listed III 15A 1V%_t1l, 4l1 0711(a):.The facility shall be operated and maintained in such a mariner that emissions of any listed TAPs from the facility, including fugitive emissions, will not exceed TPERs listed in 15,k NCAC 2Q .0711(a). a. A permit to emit any of the below listed TAPS shall be required for this facility if actual emissions from all sources will become greater than the corresponding TPERs. b. PRIOR to exceeding any of these listed TPERs, the Permittee shall be responsible for obtaining a pennit to emit TAPs and for demonstrating compliance with the requirements of 15A NCAC 2D _1100 "Control of Toxic Air Pollutants c. In accordance•with the approved application, the Permittee shall maintain records of operational information demonstrating that the TAP emissions do not exceed the TPERs as listed below. i Permit No. 04082R25 Page 16 O ........ .. ...__._....... . . .. ._._...... __ ......... ....-..__.... e Acute i Pollutant Carcinogens (Ib/dey)s I btu 1(IbAr)s ydrogen fluoride — — — 0.63 0.064 i(7664 39.3) �—, sulfuric acid i 1 (7664 93-9) I 0 25 ) 0 025 16. TESTING RFOUIREMENT-Under the provisions of North Carolina General Statute 143- 215.108 and in accordance with 15A NCAC 2D .0605, the Permittee shall demonstrate compliance with the emission limit(s) by testing the emission source(s) for the specified — pollutant(s)as follows: . Affected Sources Pollutant Emissron Test Method Limit 0.057 grams , (Plant 1 fluid bed dryer(ID No. FDDl) Particulate 1 per dry , Method 5 I Matter standard - I I cubic meter 1 . a. The Permittee sball arrange for air emission testing protocols to be provided to the DAQ prior to testing. Testing protocols are not required to be pre-approved by the DAQ prior to testing. The DAQ shall review testing protocols for pre-approval prior _ to testing if requested by the Permittee at least 45 days before conducting the test. b. .TO afford the Regional Supervisor, DAQ,the opportunity to have an observer present, the Pertittee shall PROVIDE the Regional Office, in WRITING at least 15 days notice of any required performance test(s). '+ c. Two copies of the test results must be submitted to the Regional Supervisor,DAQ, in - accordance with the approved procedures of the Environmental Management Commission by August 31, 2021. d. This pemut may be revoked, with proper notice to the Permitter, or enforcement procedures initiated, if the results of the test(s) indicate that the facility does not meet - applicable limitations. e. The source shall be responsible for ensuring, within the limits of practicality, that the equipment or process being tested is operated at or new its maximum normal production rate, or at a lesser rate if specified by the Director or his delegate. ® f. All associated testing costs are the responsibility of the Permittee. Permit No. 04082R25 Page 17 . O - B. GENERAL CONDITIONS AND LIMITATIONS L In accordance with G.S. 143.215.108(c)(1), TWO COPIES OF ALL DOCUMENTS. REPORTS TEST DATA,.MONITORING DATA,NOTIFICATIONS. REQUESTS FOR RENEWAL,AND ANY OTHER INFORMATION REQUIRED EY THIS PERMIT shall be submitted to the: Regional Supervisor North Carolina Division of Air Quality Asheville Regional Office - 2090 U.S. Highway 70 Swamnanoa,NC 28778 828-296-4500 For identification purposes, each submittal should include the facility name as listed on the permit, the facility identification number, and the permit number. - 2. RECORDS RETENTION REQUIREMENT- In accordance with I SA NCAC 2D .0605, - my records required by the conditions of this permit shall be kept on site and made available to DAQ personnel for inspection upon request. These records shall be maintained-in a form suitable and readily available for expeditious inspection and review. These records most be O - kept on site for a minimum of 2 years, unless another time period is otherwise specified. 3. ANNUAL FEE PAYMENT- Pursuant to 15A NCAC 2Q.0203(a), the Permittee shall pay the annual permit fee within 30 days of being billed by the DAQ.Failure to pay the fee in a timely manner will cause the DAQ to initiate action to revoke the permit. 4. . BOUIPMENT RELOCATION- In accordance with 15A NCAC 2Q .0301,anew air permit shall be obtained by the Permittee prior to establishing, building, erecting, using, or - - 'operating the emission sources or air cleaning equipment at a site or location not specified in ,this permit. - 5. - REPORTING REQUIREMENT-In accordance with 15A NCAC 2Q .0309, any of the I follows. g that would result in previously unpermitted, new, or increased emissions must be reported to the Regional Supervisor, DAQ: a: changes in the information submitted in the application regarding facility emissions; i b. changes that modify equipment or processes of existing permitted facilities; or - C. changes in the quantity or quality of materials processed. If appropriate, modifications to the permit may then be made by the DAQ to reflect any - necessary changes in the permit conditions. In no case are any new or increased emissions allowed that will cause a violation of the emission limitations specified herein. _ 6. In accordance with i5A NCAC 2Q .0309, this permit is subject to revocation or _modification by the DAQ upon a determination that information contained in the application or presented in the support thereof is incorrect,conditions under which this permit was Permit No. 04082R25 Page 18 r^,ra,AteU haV11 chat IE,CU, or V1VAULLWAIa Vf LiJndiLIUJAa 11I11La11A U 111 L1110 JJLAIIUL haYU oiuiilLGd. In accordance with G.S. 143-215.108(c)(1),the facility shall be properly operated and maintained at all times in a manner that will effect an overall reduction in air pollution. Unless otherwise specified by this permit,no emission source may be operated without the concurrent operation of its associated air cleaning device(s)and appurtenances. 7. In accordance with G.S. 143-215.108(c)(1),this permit is nontransferable by the Permittee. Future owners and operators must obtain a new air permit from the DAQ. 8. In accordance with G.S. 143-215.108(c)(1), this issuance of this permit in no way absolves the Permitter of liability for any potential civil penalties which may be assessed for violations of State law which have occurred prior to the effective date of this permit. 9. In accordance with G.S. 143-215.108(c)(1),this permit does not relieve the Permittee of the responsibility of complying with all applicable requirements of any Federal, State,or Vocal water quality or land quality control authority. 10. In accordance with 15A NCAC 2D .0605,reports on.the operation and maintenance of the facility shall be submitted by the Permittee to the Regional Supervisor, DAQ at such intervals and in such form and detail as may be required by the DAQ. Information required in such reports may include, but is not limited.to,process weight rates,firing rates,hours of i operation, and preventive maintenance schedules. 11. A violation of any term or condition of this permit shall subject the Permittee to enforcement pursuant to G.S. 143-215.114A, 143-215.114B, and.143-215.114C, including assessment of r civil and/or criminal.penalties. - 12. Pursuant to North Carolina General Statute 143-215.3(a)(2), no person shall refuse entry or access to any authorized representative of the DAQ who requests entry or access for E -- purposes of inspection, and who presents appropriate credentials,nor shall any person obstruct,hamper,or interfere,with any such representative while in the process'of carrying : out his official duties. Refusal of entry or access may constitute grounds for permit revocation and assessment of civil penalties. 13. In accordance with G.S. 143-215.108(6)(1);6s permit.does not relieve the Permittee of the responsibility of complying with any applicable Federal, State, or-Local requirements governing the-.handling, disposal,-or•incineration of hazardous, solid,or medical wastes, including_ the Resource Conservation and Keeovery Act(RCRA) administered by the >� Division,of Waste Management. 14. PERMIT RETENTION REQUIREMENT-In accordance with 15A NCAC 2Q .0110, the Permttee shall retain a current copy of the air permit at the site. The Permittee must make. available to personnel of the DAQ, upon request, the current copy of the air permit for the site: 15. CLEAN AIR ACT SECTION 112(r REQUIREMENTS -Pursuant to 15A NCAC 2D .2100 "Risk Management Program," if the Permittee is required to develop and register a risk management plan pursuant to Section 1.12(r)of the Federal Clean Air Act, then the Permit No. 04082R25 Page 19 Permittee is required to register this plan with the USEPA in accordance with 40 CFR Part A 16. PREVENTION OF ACCIDENTAL RELEASES - GENERAL DUTY- Pursuant to 'Title l Part A Section 112(r)(1) of the Clean Air Act "Hazardous Air Pollutants- Prevention of Accidental Releases - Purpose and General Duty," although a risk 'Management plan may not be required, if the Permittee produces,processes, handles,or stores any amount of a listed hazardous substance, the Permittee has a.general duty to take such steps as are necessary to prevent the accidental release of such substance and to minimize the consequences of any I ViV Lia]V. lillJ 9WV1111I41VL L7 iG4i.l Q11J'—Gil Ll/11.4Q Vlii Vlll,♦ 17. GENERAL EMISSIONS TESTING AND REPORTING REQUIREMENTS -If emissions testing is required by this permit, or the DAQ, or if the Permittee submits emissions testing to the DAQ in support of a permit application or to demonstrate compliance, the Permittee shall perform such:testing in accordance with I SA NCAC 2D .2600 and follow all DAQ procedures including protocol approval,-regional notification,report submittal,and test results approval. Permit issued this the 15`h of January, 2015. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION aul K. Muller,P. -- Regional Supervisor -By Authority of the Environmental Management Commission - Air Permit No. 04082R25 7 T ATTACHMENT to Permit No. 04082R25, January 15, 2015 ® Insignificant/Exempt Activities Exemption Source of Source of Source Title V ....... _gW ' —.TAPa° -Pollutantsv .j Re ation 2Q 0102 Iil � IIt wa - wee screw No I. Because an activity is exempted from being required to have a permit or permit modification does not mean that the activity is exempted from an applicable requirement or that the owner or operator of the source is exempted from demonstrating compliance with any applicable _ — requirement. 2. When applicable, emissions from stationary source activities identified above shall be included in determining compliance with the permit requirements for toxic air pollutants under 15A NCAC 2D.1100 "Control of Toxic Air Pollutants" or 2Q .0711 "Emission Rates Requiring a Permit." I North Carolina Department of Environmental Quality �r Pat McCrory Donald R. van der Vaart Governor Secretary Noverriher 26. )m Gregory Taveras The Quartz Corp USA 520 Altapass Road Spruce Pine, NC 28777 Subject: General Permit No. NCG02.0000 The Quartz Corp USA—Altapass Mine & Plant COC NCG020818 Mitchell County Dear Mr.Taveras: In accordance with your-request for a discharge permit received on June 30, 201.4, we are forwarding herewith the subject certificate of coverage to discharge under the subject state —NPDES general permit. This permit is issued pursuant to the requirernents of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Energy, Mineral, and land Resources. The Division may require modification or revocation and reissuance of the certificate of coverage(COC). Coverage under this General Permit for this particular facility is granted with the condition that the penrrittee performs additional sampling requirements as outlined in the amended conditions to the COC. These special provisions were prompted by results of sampling at this facility during the week of June 8, 201S, as requested by EPA Region 4 staff who performed a Compliance Sampling inspection (CSI) at the end of March 20:15. Sample concentrations raised concerns about metals levels in the discharges. The DEQ concluded that more data was needed to evaluate these discharges and potential water quality impacts. The additional provisions for this COC include: 1) In addition to the parameters in NCG020000,sample each stormwater discharge outfall(SDO) quarterlyforffve metals,fluoride,chloride,and total hardness listed in Table 1 as amended on page 2 of the COC. Benchmark values apply for many of these added parameters, and the permittee must follow tiered responses as outlined in the permit. 2) In addition to the parameters in NCG020000, sample each wastewater discharge quarterly for five metals,fluoride,chloride,and total hardness listed in Table 7 as amended on page 3 of the COC. �� - .. � r'.;ti .�•r!Li,r' rt=�'IJ:., ;� •r:'ur-, ;;t•��'+_ �' r' .. �riii1• ;rl. , r• sl:.. �r-. �IrQ'= :fir• `f1 �.�' •[(71" fr G�,. i• r�.; � _ �.an r•Cil- _._ �G_ NCG020818 Renewar COC Novemler 16, 2011 page These additional parameters include metals and other constituents which may ha present or will help us interpret the measurements(such as estimating the amounts of metals that are in dissolved farm). The Division will consider the data upon submittal to determine the most appropriate permitting actions It is possible that this facility will be directed to apply to the Division of Water Resources (DWR) for an individual NPDES discharge permit(or modification of its existing wastewater individual permit) prior to the expiration of this General Permit in 2020. This permit does rot affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mineral,and Land Resources, or permits required by the Division of Water Resources (DWR), Coastal Area Management Act, or any other federal or local governmental permit that may be required, if the conditions as stipulated in the COC are unacceptable to you, you may apply sooner for an individual NPDES discharge permit. rf you have any queati... .... -inlr�, this per unit, piea5c CvntaCt uiadiey tieiiiiett at teEephoiie (919) 807-6378, or Bethany Geoigoulias at telephone number(919)807-6372. Sincerely, for Tracy E. Davis, P.E., CPM cc: Toby Vinson, DEMLR Land Quality Section Tom Belnick, DWR Water Quality Permitting Section NPDES Wastewater Permitting Files, NC0000353 Stan Aiken, DEMLR Asheville Regionai Office RE Linda Wiggs, DWR Asheville Regional Office Kip Tyler, EPA Region kV NPDES Permitting and Enforcement Branch Stormwater Permitting Program Files DWR Central Files OSTATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL,AND LAND RESOURCES GENERAL PERMIJ NO. NCG020000 CF�RI]E]CATE OF COVERAGE1lo, NCG020818 STORMWATER AND WASTEWATER DISCHARGES NATIONAL.POLLUTANT DISCHARGE LIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful s1c111Uc11 UJ and 1CgLkldllUElJ E11 UI1IUlgckLCCI ck[1C1 dLIULJICCI Uy 111C North LII Carolina Lail V11 VI1lllCllldl Management Commission,and the Federal Water Pollution Control Act,and the North Carolina Administrative Code in NCAC 15A 02H .0114(b)(1), as amended, The Quartz Corp USA is hereby authorized to discharge stormwater and wastewater from a facility located at Altapass Mine& Plant % 530 Altapass Road Spruce Pine Mitchell County to receiving waters designated as North Toe River,a class C;Tr water in the French Broad River Basin, in accordance with the effluent limitations, monitoring requirements,and other conditions set forth in Parts 1, 11, 111,and IV of General Permit No. NCG020000 as attached, and as amended in pages 2-3 of this Certificate of Coverage. Amended conditions 1. This Certificate of Coverage (pp. 1-4) is an enforceable part of the permit. 2. 1n accordance with 15A NCAC 0211 .0114(b)(1), the monitoring program in P.3rt IV Section A,Table 1 Analytical Monitoring Requirements for Stormwater from Mining Activities,and Section D, Table 7 Monitoring Requirements for Wastewater Discharges of this permit are amended as follows: �l Table 1 Analytical Monitoring Requirements for Stormwater Discharges from Mining Activities Discharge Measurement sample Sample Characteristics Units l:requencyl Type2 Location3 Benchmark Settleable Solids nr I Quarterly Grab SDO 0.1 rnl 1 Total Suspended Solids m E Quarterly Grab SDO 50 rn l Turbidit 4 NTU Qua rterl Grab SDO,U& D`k 10 NTU Aluminum,Total Recoverable5 m 1 Quarterly Grab SDO 0.7S nl l Copper,Total Recoverable5 nl I Quarterly Grab SDO 0.010 111 1 Lead,Total Recoverable5 n1 1 Quarterly Grab SDO 0.075 m= l Nickel,Total Recoverable5 rn i Quarterly Grab SDO 0,335 mgZ1 Zinc,Total Recoverable5 111 1 Quarterly Grab SDO 0.126 rtl T l Total Chlorides In 1 Quarterly Grab SDO 860 m Total Fluoride5 m 1 Quarterly Grab SDO 6 m 'I'otal Harness as CaCO3)-5 m&Z1 Quarterly Grab SDO N/A Total Rairrfa116 inches Quarterly N/A 'ootn to : I. Measurement Frequency: Quarterly(trniess other provisions of this permit require monthly sampling) during a measureable storm event,until either another permit is issued for this facility or until this permit is revoked or rescinded. If the lacility is monitoring monthly because of Tier Two or Three response actions under the previous General Permit,the facility shell continue a monthly monitoring and reporting schedule in'l'iet'Two car•Tier Three status until relieved by the provisions of this permit or the Division. 2, Grab samples shall be collected within the first 30 minutes of discharge. Where physical separation between outfalls prevents collectingall samples within the first 30 minutes,the permittee shall begin sampling within the first 30 minutes,and shall continue until completed. 3. Sample location:Samples shall be collected at each stormwater discharge outfall(SDO)unless representative outfall status(RCVS) has been granted. A copy of the Division's letter granting wS shall be kept on site with the SPPP. 4. 'rurbidity must be monitored at the stor-urwaterdiscliarge outfall(SDO). In addition to the SDO,the permittee may elect Ur also monitor turbidity in the receiving water-,directly upstream(U)and downstream(D)of the stormwater discharge outfall or-group of outfalls to demonstrate the discharge has not caused a water quality st<lndaM violation of turbidity. If SDO turbidity level exceeds the benchmark,and the permittee cannot demonstrate the discharge has not caused a violation of the instream water quality standard,the Division may r"Wr_e the permittee to monitor turbidity up- and downstream as part of a Tier 2 or 3 response. S. Benchmark values apply for these parameter's and prompt Tier responses as outlined in the General Permit. Benchmark values for metals are based on one half the Final Acute Value (rk FAV),a threshold used to protect against acute impacts to aquatic life. 6. For each sampled measureable storm event the total precipitation must be recorded. An on-site rain gauge or local rain gauge reading must be recorded. COC Nu, NCG020818 effective Novenlber 16, 2015 Table 7 Monitoring Re uirements for Wastewater Disc har es in Section D- 1.,2.,3.,& 4. 1 Discharge Measurement Sample Sample Receiving JJ Characteristics Units Fre uenc 1 Type Location3 Waters H2 Standard guarterlyl Grab E All Total Suspended Solids2,4 Ing/1 Quarterl 1 Grab E All Turbidit Z, 3 NTU Quarterl l Grab E, U &D3 All Settleable Solids2,5 ntl/l Quarterly, Grab L HQW,ORW,SA,SB, PNA,Tr Aluminum,Total Recovel•able6 an 1 Quarterly] Grab E All Co per,Total Recoverable6 m I Quarterly 1 Grab E All Lead,Total Recoverable6 m I Quarterly] Grab L All Nickel,Total Recoverable6 m I 2uarterlyl Grab E All Zinc,Total Recoverable6 an 1 Quarterlyl Grab E All Total Chloride6 nigli Quarterl 1 Grab E All Total Fluorideh m 1 Quarter•! ] Grab E All Total Harness as CaCO;r 6 m 1 Quarterl 1 Grab E All Daily Flow Rate? cfs Quarterly] E All 12= tes; 1. The monitoring frequency is quarterly. Z. Except for mine dewatering of clay pits,a grala sample is not ref;uired for these parameters from a basin/pond designed to contain or treat mine dewatering wastewater that only discharges in response to rainfall in excess of the 20-yr,24-hr storm. 3. Sample location: E-rilluent,U -Upstream,D-downstream. Turbidity must be monitored at the effluent(E), if effluent levels exceed the Water Quality Standard of the receiving water,the permittee must begin sampling turbidity directly upstream(U)and downstream(D)of the effluent outfall or group of'outfalls,in addition to the effluent,upon the next monitoring period. "rhe permittee may contact the DEMLIZ Regional Office for assistance in determining the best instream sample points. 'rhe RO may also advise the permittee to relocate self-established instream sample points if appropriate. 4. All facilities that are mining Industrial Sand are required to monitor TSS and are subject to the TSS limits in'fable 8. All other types of mines covered by this permit are also required to ertonitur-TSS,but ire not necessarily subject to the TSS limits in Table 8,unless discharge is to HQW,OfrW or PNA %voters, 5. Only facilities discharging to waters classified as HQW,ORK SA,S13,1'r,or PNA are required to ntoieitur For settleable solids. 6. No effluent limitation applies to these parameters. 7. Daily flow rate shall be recorded bya continuous flow measurement.instrument. Alternatively, pump curves and pump logs may be used as a means to calculate the daily flow rate. 1 COG No. NC6020818 effective November 16, 2015 o� This Certificate of Coverage shall become effective November 16, 2015. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day, November 16, 201.5. Or7;yi1ml 5'iyoed hip I3rrta bib,Heonet.t forTracy E. Davis, P.E., Director Division of Energy, Mineral,and land Resources By the Authority of the Environmental Management Commission COC No. NCG020818 effective November 16, 2015 , . . . . ,. �.. __ __ -- P rm tz U __ _ ��� �� �I E IY �yvy ... ,.-. .. i.._ ..a. III � iS . td.. ' -- :.• _ �� a a .ice ,_. ,�.,,.. .,,. � `gin ^i". , _ as ..w-r• �r , �«. ,. ; ,.. .;r rC �•.�. �+ _a � � �� " is r „� '",4' 4� s"k . "�s'r Site Blast P,rogram,and Plan Introduction: To:assure asafe and economical blast all applicable federal, state, and local regulations will be ;:followed: Good acceptable practices from non-regulatory agencies, such as Institute Makers of :'Explosives(IME), International Society of Explosives Engineers (ISEE) will be followed. This blast, program-and plan Is to aid In assuring the security of explosives material where stored, transported;handled, and used as well as the control of the blast process from design to initiation,, evaluationand-in handling of any premature or misfire condition. A blast program and plan,when rt PI, ,followed;wilfalse aid In the assurance of safety to the public; site personnel and surrounding - properties. As.wit"ny Job, it is imperative to have a plan of action and to follow that plan. Ninety-percent�of a „ xJob'ssuccess,or.failure Is attribLtable to prior planning. Proper blast planning can errhance safety by%- elirriinating:.;many hazards. A blaster can calculate the elements of a blast to assure.a .safe and productive,shot before putting any explosive in the ground. A plan can help increase production and safety by allowing the. blaster to see on paper what the shot is planned to do, and consequently, by allowingtheblast•rto make necessary adjustments where needed. in North.Ca,olina the Department ' • of:Environment,;Health and Natural Resources requires mines and quarries to have an approved blast ;plan prlorjo..being issued a.miningpermit. Proper calculations for burden, spacing, borehole depth „ and'size, timing between-holes rows and pounds of explosive per delay, along with proper scale distahce calculations, can help eliminate excess vibration,air blast and flyrock. Regulato, ptryrequirements: - — - • =;Bureau of Alcohol Tobacco and Fire Arms • --'.30-CFRpart 56 Mandatory Health and Safety Standards • ,North.Carolina.Administrative Code, Chapter 6 • .Afexplosives are transported on a public highway the 49 CFR requirements will apply • .::Persons engaged in drilling or blasting activities on mine property must meet the MSHA . ;requirement for obtaining a mine contractor identification numberand where applicable, appropriate training plan and other programs-required, • -NortbCarolina:Department of Environment and Natural-Resources permitting requirements for blasting apply on all mine properties. 1 Definitions: • Airblast: The airborne shock wave or acoustic transient generated by an explosion. • Attended --Presence of an individual or continuous monitoring to prevent unauthorized access or entry. • Blast: The firing of explosive materials for such purposes as breaking rock or other material, or generating seismic waves. • Blast area —The-area in which concussion,flying materials, or gases may cause injury_to persons. The blaster in charge establishes the blast area by using sound practices established by the ISEE and IME and/or any regulatory requirement, when regulatory means are mandated and mue+ hn regulatory L4V V..V .�lL bee used-for-establishirig the blast area the most stringent requirement will apply. • Blasthole: A hole drilled into material-to be blasted, for the purpose of containing an explosive charge, also called borehole or drill hole. • Blast Pattern: The plan-of the drill holes as laid out for blasting; an expression of the burden distance and the spacing distance and their relationship to each other. • -Blast site: The-area where explosive material ishandled during loading of blastholes, including 50 feet in all directions from the perimeter formed by loaded hales. This distance shall apply in all directions along the full depth of the blasthole. • Blaster or Blaster in charge: That-qualified person in charge of, and responsible for, the loading and firing of a blast. Sometimes referredto-as-a shot firer. Though more than one blaster-can be part of a blast crew, there can be only one'blaster in charge for each blast site. • Blast crew: A group-of persons under the direction of the blaster in charge, and are properly trained meeting all-regulatory requirements necessary forhandling explosives or related material, who assistthe blaster in charge-in loading and firing a blast. • Blast log: A written record of information about a specific blast, and materials used, as may-be required-by law or regulation. Sometimes referred to-as a blast report. • Blasting machine:-A proper device, as determined by the detonator manufacturer, to generate the proper energy source to initiate the detonating sequence to fire the blast. • Burden: The distance from the blasthole and the nearest free face or the distance between blastholes measured perpendicular. Also the total amount of material to be-blasted by a given hole.- • 'Charged: A blasthole(borehole) containing a primer and explosive material awaiting firing. • Coupling: The degree to which-an explosive material fills the cross section of a blasthole. • Detonator: Any device containing an initiating or primary explosive that is used for initiation detonation in another explosive material. 2 • Drill log: A written record of information about a specific borehole, or blast pattern. The record shall contain the minimum information; hole depth, hole diameter, dimensions for the burden and spacing, number of holes in a row and the number of rows in the blast pattern, any hole anomaly referenced by a measurement; such as broken material, change in geology, water, cracks and or crevices, etc. and any other information the blaster in charge may need from the driller.. • Flyrock: Rocks propelled from the blast area by the force of an explosion. • Free face: A surface exposed which provides room for expansion and movement of the burden being-blasted. • Ground vibration: Shaking the-ground by elastic waves emanating from a blast; usually measured in inches per second of particle velocity. • Loading: Placing explosive material in a blasthole or against material to be blasted. • iviisfire: A blast or a specific borehole to be blasted, or explosive material-that tailed to.detonate as planned. • Primer: A unit, package or cartridge or explosives used to initiate other explosives or blasting agents, and which contains: A detonator or detonating device. • Spacing: The distance between blastholes. Usually measured parallel to the free face and perpendicular to the burden. • Other definitions can be found in the Glossary of the ISEE Blasters' Handbook. Personnel Personnel-designated tor-handle explosive materials should have intelligence and common sense and be trained-in the use of explosives and materials to be.used in.each blast. They-must understand the .possible consequences of errors-or omissions in their actions. • Blaster in Charge: A person competent in storing, transporting, use and handling of explosives will- be-designated `blaster in charge'by the mine operator. Each blast will have only one-blaster in charge. All others used on the blast site will work under the direction of the blaster in charge. The blaster in charge will have a working knowledge of all federal; state, and local laws and regulations relative to explosives and blasting. The blaster in charge will also be-familiar with good-acceptable practices set forth by the IME and ISEE. It is-the responsibility of the-mine operator to verify the comM�t�n..,'of file blaster in charge. • Certification of blaster in charge: At this time no mandatory license or certifications are required for anyone engaging in the act of blasting.in the state of North Carolina. It is the responsibility of the blaster to comply with-any license or certifications required by local jurisdictions or any future requirements by federal, state, or local governments. It is-highly recommended that formal training and-experience be the minimum requirements for a person deemed competent to direct blasting operations and related activities. Anyone receiving,'handling or using explosives must comply with the BATF requirements. 3 • Blast crew: A group of persons under the direction of the blaster in charge, and are.properly trained meeting all regulatory requirements necessary for handling explosives or related material, who assist the blaster in charge in loading and firing a blast. • Trainine: All Dersons an mine_ nronQrtv mimt nhtnin thin nrnnor rmmnrohoncIwo trninina cot fnr k in 30 CFR part 46 or part 48. Any person designated as part of the blast crew or magazine security must have training in all rules and regulations including company policy and company safety program relative to blast-site security, magazine security, proper storage and explosive handling, transportation of explosives, hazard recognition, accident prevention, task training,ground control, working around high walls, and any other deemed necessary by the mine operator. • Safety meetings: Each blaster in charge will hold a safety meeting prior to commencing blasting or related activities with the blast crew to discuss the health and safety concerns of the assigned tasks, details of the procedures to assure the safety of the blast crew throughout the'security, handling, loading, firing, and post blastexamination along with other_.information deemed +t,e t,i.,...,, ..�. . 6l.GdJalr U-r Lll u1Q.]LLI 111"l.11Qlge. Equipment and Materials: The explosive-materials and equipment used.have a direct effect on the safety of-the operation. All members of the blast crew must be familiar with the equipment and be thoroughly task trained prior to-use. • Equipment: Proper procedures for inspection of self propelled mobile-equipment- machinery, equipment and tools set forth in 30 CFR part 56.14100 will be followed. These procedures will be followed prior to,bringing them onto the blast site. RA..a..�G�1. A11 .v_a�..:,1 i� L_ _J _ __Li�_i!__ _ .. L_ J__!____1 L__-L_ _!2!__ _2 iL_ . lvla er'a,. M11 MaIt:ndi w W2 rises, uit aviasuriguperati(}rl FlIU51L oe aeSigrtea TOrine 5pecinc5 or- he blast and used in accordance with all applicable regulations and manufacturers recommendations. This includes the explosives-material and detonators to be loaded into a blasthole and all tools and equipment used in the"blasting operation. Procedures: Storage: Explosives and detonators must be stored and secured in accordance with the BATF 27-CFR part 5.55 requirements. No unauthorized entry into a storage area is allowed. Explosives awaiting loading at the-blast site will be secured or4 hysically guarded. No smoking or use of open flames or spark producing-device will be allowed, as a minimum, within 50 feet of-storage facilities or guarded _explasives_ Fach storage facility will be nroneriv nnsted. • Separation: Explosive material and detonators or detonating device will-be kept separated and will never be stored in the same magazine. • Area around storage: Areas_.around-storage facilities will be kept clear of rubbish, brush, dry grass, and live trees not over 10 feet tall for 25 feet in all directions. • Day boxes: Shall be structurally sound, weather resistant, equipped with a lid or cover, and with only nonsparking materials inside. Day boxes will have appropriate markings, and labeling. They 4 will be located outside the blast area once loading has been completed. Day boxes will be kept locked and secured or attended when containing explosive material and emptied at the end of the shift with-contents being stored in an appropriate storage facility or attended at all times. Detonators shall be kept in a separate day box unless an IME 22 container is used. Transporting: Explosive will-be-transported from the storage facility to the blast site without'undue delay. Vehicles used-to transport explosive materials will be sound and be in compliance with applicable standards-for self propelled mobile equipment and if transporting on the public highway, all 49 CFR requirements-will be followed. This includes establishing transportation plans for route management and security. • Drivers and authorized passengers: Only person qualified to operate mobile equipment (on or off highway)-will-be allowed to operate a vehicle containing-explosive material. Any driver transporting explosive material on the public highway will meet all DMV-and DOT requirements for transporting explosive material. Passengers authorized to ride in the passenger compartment will hp nnrt of tha hiact rraw nr an ni ithnri-/arl'rlrivar Mn nna will rira in th r3ran aaa o..f. n..n.. a r'_._ _. 1. _ ... -1-11 -1 ­o . _ -re- transport ► vehicle. The driver or any authorized passenger will not smoke while driving, riding in, or within 50 feet of, the explosive transport vehicle. • Vehicle: Vehicles carrying explosives on the public highway will meet all DMV-requirements for vehicle use on the public highway. The vehicle will have sides and enclosures higher than the explosives being transported. -Explosive material will be transported in the cargo area of the vehicle and secured from movement. The-area containing explosives will have no extraneous material or spark producing material. The explosive vehicle will be equipped with at least 2 each 2A10BC rated fire extinguishers readily accessible and serviceable. When parked,-the-vehicle will have the brake set and wheels chocked and engine stopped unless the engine is.powenng a In�r�ina rlatirir-o � • Transporting by hand: Closed, nonconductive containers will be used to transport explosives by hand to and from the blastsite: At no time-will explosive material and detonators or-detonating device be hand-carried.in the-same container. Security of explosive material: Ex*sives will be transported in approved containers and will'be attended at all times unless the cargo area is locked. Use: To complete a safe blast, everyone-involved must be committed to safe work practices and see that every step of the operation is done in a manner.which uses the correct methods and procedures. .Shortcuts and carelessness.is-never an option on a blast site. • Review drill log: Prior to explosives being brought to the blast site-the blaster--in-charge will re-View the drill log and address any needs for corrections that would be necessary wassure a proper blast pattern and safe firing of the explosives. This will be accomplished prior to the explosives being brought to the site. Blast log (report): The information oh the blast log should paint a picture of the blast that would stand in a court of law. The blast log is a required document for every shot no matter the amount of explosive-material used. The minimum information shall be: 5 • Date, • Time of blast, �• Blast site location • Location of all blastholes in relation to each other and the free face as well as directional movement of the total burden in relation to geographical north (graphical-representation, • Weather at the time of blast, • Distance and direction to the nearest inhabited off site structure, scale distance information used to calculate amount'of explosive fired within an 8 millisecond delay period, a Seismograph information, • . Type of material blasted; •- Blast design (number of holes in-ashot, burden spacing, depth, length and type of stemming, type . of delay used, initiation method, explosives used in the, shot and total weight of explosives to include the primer), • Powder factor. �• Blaster's name and signature,and- • Any unusual circumstances relative-to-the shot-such as water in.the blasthole or excess delay in firing. • A graph of the shot pattern should be drawn to include the timing of each blasthole, delays within each blasthole, placement of primer within the blasthole, any stemming used in the blasthole for decking purpose, and stemming height used to cap each blasthole. Survey the area: Before explosives are brought to the site, a check of the conditions at the blast site shall be conducted. The high wall and ground conditions that pose any hazard must be addressed and taken care of prior to proceeding with the blasting operation. At no time will a blast be loaded during the approach of an.electrical; snow, or sand storm. -if at any time a storm approaches the blast area, all persons will be removed from the blast area and proper safe guards put in place. The area will be properly posted and guarded until after the approaching storm. The explosive laden vehicle will remain in the blast-area and not used to transport persons from the area during the approach of such storm. • Eliminate extraneous electricity sources: Watch for over head power lines, RF energy sources, approaching electrical storms,-blowing snow or sand and address those hazards in accordance with . applicable regulations. 6 • Explosive material and detonators must be kept separated at all times until loading of-the blasthole begins. • Security: Survey and determine all approaches to the blast area and properly provide safeguards. Remove personnel not needed for the blasting operation from the area and-to a safe location. Properly post the blast site to warn others of the dangers. • Extraneous material: Remove all.unnecessary equipment, tools, etc. not required for the blasting operation to a-safe-location. Drilling shall not be done within the blast site. Borehole preparation: Check all boreholes prior to commencing loading the shot to assure proper depth and contiguousness. A blasthole is never loaded immediately after drilling. The blaster must make assurances that the-temperature in the blasthole is less-than 150 degrees Fahrenheit. Priming charge (primer): Primers are made only at the time of placing them within the blasthole. o Preparing the primer: The detonator will be placed Into the center of the explosive to be.used. • Securing:. The detonator will be securely fastened to the explosive material so that it will not-be pulled . from the-explosive material when lowered into the blasthole. • Priming charge location in the blasthole: The-priming charge should be-located in the blast-hole pointing in the-direction of initiation. • Coupling: The blaster in charge must assure that when loading explosive material on and around the priming charge blasthole coupling is maintained. Loading: Once the primeris in place,the-remaining explosive column is loaded. Care must-be taken to not damage leg wires,tubes,-and cords during the loading process and-that the primer is securely anchored- The primer shali never be subjected to forces such as dropping heavy cartridges on top of or tamping..directly on the primer. • Charging: Holes shall be loaded starting at the free face. • Depth of charge: The-blaster will assuire-the proper depth of the explosive charge as determined by the-blast design. The explosive column shall be measured continuously-if bulk explosives are used.' • Stemming: Once the blasthole is'loaded a-stemming column is placed-on top of the explosives to seal the explosive column. The type of and depth of stemming will be determined by the blast design. • Charged: Once a hole is loaded it is considered charged and ready for firing. Equipment is never driven-over or placed on a charged blasthole. Connecting the-shot: After all blasholes-are charged,-the detonators-must be connected-to form a circuit. Only persons necessary for connecting the shot will remain in the blast area. It-is the responsibility of the blaster in charge'to assure all detonators are properly connected as indicated by the blast design. 7 • Electrical initiation: Only proper equipment will be used to check an electrical initiation system_ Regulatory and detonator manufacturer requirements for checking electrical initiation systems will be followed. • Non electrical initiation: The blaster in rharae will `. alk the shot and v1sually check all' ,,...t:.. Seismograph set up: A competent person must perform a preblast survey at the nearest,,offsite, inhabited dwelling, as a minimum prior to a blast event. A postblast survey should follow. Any complaints from the Cnrnrniir%i}v i—fl, 4. +'.,�+...d �1'�a_1.. �-••iL, - --�--- �- .�.._....r v11111 Iu IY1Ly YYI We In estigdtsu irn I will ell by the UIdbLer in charge. A_ competent person must properly setup and operate a seismograph for each blast. A seismograph is used to monitor, record, analyze, and display ground vibrations and airblast resulting from a blast. The seismic wave is measured from one point to another. The information gathered from a seismograph reading can aid the blaster in determining whether the explosive energy was used to do the work as designed. Excess airblast and ground vibrations can be a-nuisance to offsite persons resulting in complaints. In rare events damage to structures can result from excess ground vibration and airblast, • Seismograph: Must-be maintained in.accordance with the manufacturer recommendations • Setup: In most cases a seismograph-is setup at the nearest offsite and inhabited--dwelling. Follow the manufacturer's-recommendations for proper set up. • Qualifications of operator: 'The operator of the seismograph must be properly tasked trained in the use of the seismograph unit and'familiar with the manufacturer's operating procedures. Firing: After loading and checking the initiation system,the blast shall be fired as soon as safely possible. • Blast area security: Flyrock-is one of the three leading causes of injury and death relative to a blast. The blaster in charge must assure the blast area is sufficient, clear of persons, and all approaches are-properly-posted-and guarded. • -Blaster protection: The blaster in charge must assure the one qualified to fire the shot has adequate protection (shelter) from all energy sources related to the blast. • Audible warning: An audible warning-must be given prior to firing. The warning signals will be posted in-conspicuous places for all in, or-near, the blast area to familiarize themselves with the warning. The audible warning must be distinguishable and heard above the surrounding noise .-level. Car horns are not to be used as an audible warning. Hand signals can be used in conjunction with an audible warning. All people within the vicinity of the blast area mast be-familiar with the warning signals prior to firing the shot."The audible signal shall consist of a minimum of: .A five minute warning prior to the blast signal; A blast signal containing a series of short sounds 1 minute prior to.firing;An all clear signal of a prolonged sound, initiated by the blaster in charge,.following the post blast examination of the blast area by a-qualified and competent person(s) to recognize all hazards that could have been caused by the blast. • Post blast exam: A qualified and competent person(s) will make a check of the blast area after sufficient time has elapsed for all fumes, and dusts to settle. If a misfire is suspected the blaster in 8 charge will establish a time to allow for any burning charges, etc. to elapse. As a minimum the MSHA regulatory requirement for time will be followed. Misfires: Any time an explosive does not detonate as planned, a.misfire has occurred: It is usually obvious when none or a portion of a blast did not fire as planned. Sometimes partial initiation occurs within the blasthole and it is not noticed until mucking starts. All misfires must be.investigated because there is a reason for its occurrence_ Ninety ninta nPrfent of ail-misfirQc are r4ma tn. I';.'.^.inn error; -One m`r�`+ can be attributed to product failure. The best way to handle a misfire is not to have one by following all acceptable-practices during the loading and firing of the blast. First and foremost, once a misfire-is- suspected, proper safe guards must be-put into place for the protection of persons in or near the area. Handling misfires: When. a misfire occurs, everyone in the area is at risk. The blaster in charge is responsible for proper-handling of the misfire condition. Management should be notified immediately of a misfire condition. Each misfire occurrence-is unique. The following are recommendations for handling a misfire situation: 1. The.blaster in charge shall invoke sufficient safeguards to exclude all persons from the potential blast area. 2. No work shall be done except that necessary to remove the hazard of the misfire. Only those necessary to do the work shall enter the potential blast area. Only the blaster in charge and the absolute minimum competent persons needed to assist in handling the misfire will be allowed to- approach the misfire. 03. The blaster in charge shall determine-the safest steps for removing the hazard of the-misfire. During the development and implementing these steps,the hlaster in charge shall comply with all applicable-regulations, and the manufacturer's recommendations. Further,the guidelines from the IME will be utilized. 4. RegUlatinns onuprnino tha-vunitino norinrlc hefnrn 7nnrn�rF�...a micfire_t Wit F.er_�rlF,nre.� -v--- 4""""'O • ••b P••.••••••••• Y Yr/r/I VMYI nn v iaur Y rrvr vim: nr4k n cap w. 5. No drilling digging, or picking shall be.permitted until all misfires have been detonated-or the blaster in charge approves the work. Flyrock:-The-primary means of controlling-flyrock is through proper blast design and delay timing: Proper confinement within the blasthole is also essential for controlling flyrock. Anytime-flyrock has. traveled beyond the blast area the blaster in charge-must investigate the cause and take any %orreuive at.—Liuria lu Lr1e rulule LU nreVeilt-a i�Lliffence. tXCe55 RyfOGK, Lilai TlyrocK tflrOwn r]epOn� the blast area,may need to be reported to federal,state, and-local authorities. It is-the-responsibility' of the blaster in charge to report to the proper authority a flyrock incident. 4D / I lope&fe ng i Plan in Kia� ;Jijajiiiiiw llfi "ry T µ F�0- O Fencing Detail wire ... ......:.......... ...�A_ ..... .... ..... ..... ....... ............ 51 ... ................. .......... .. .. ... ............ feu 1 t. �g, b'i" "3Qyx � �f' )t t ',ry *M'+ifY r l�sv'�fi aF'SyF .rzl' ; 2 �9s�: " " �� �, It Corner Brace Detail . ... .........W...?►........... ..... ........ .... ........ . .......... .. .. .. .. . ... ... . . ... ................. .... .. .:. .... .................................. ............ .. ........... .... ....... .. .. ........ ............- .... .......... . . ......... ........... ... ..... ......... ......... ......... ....... .... ........._... .... .... .. .... ........ .. ......... ............ . .. .. .............: .............. ... . ........ . .. ........... .......:.. � y� b � Qt t9.. tY`tnd q, P�` re,"�� "u�i,$�;'r; ��$�4ywa"�,Y��P'� � � [,g CFI �x��iEt•[; F f 7..�.w"x4v. ! +. �" „�h Center Brace Detail Cross•section of barricades Trap ditch for orecreational vehicles Vegetated earth berm Vegetated Earth Berm Vegetated earth berms shall be a minimum height of 8' (above ground level) andsupplied with a ditch to prevent access to recreational vehicles. Thedtch shall beseeded in accorGanoe with the vegetation Plan-and where feasible planted with thick bushes. Bacbed wire _ 50' min. fence Ol Fencing Fencing shall be of 6' highsupplied with barbed wire. Metal or wood post shall be spaced at a distance not to exceed 20'. 50' min. Bouitier Barrier Boulders shall be placed in a manner to make them stable and solid. They shall be placed to a minimum height of 6'. and the barricade shall be continuos and if broken, for access, a gate shall be installed ® / All barricades shah be marked with sign explaining dangers Cross-section of slope in non-consolidated materials 40' riseaverage / 60' rise maximum All �Innnn :n ..n.. n nnl:dnlnd .MMnrinle nn All �1 no awpca III uU�1. V1,ammmcu �nmcnam VPI ,I, .. or natural ground shall be at an slope of 2:1. When slopes are proper grade-they shall be roughened and seeded according to the vegetation plan. � 1 Cross-section of All slopes in non-consolidated materials on fill or natural ground shall be at an slope of 2:1. excavations. in .hard rock When slopes are proper grade they shall be roughened and seeded according to the vegetation plan. T 40'rise_average 60' rise maximum 40' rise average 60'rise maximum - 40' rise average . 60' rise maximum ®.1 Cross section of overburden area slopes At completion overburden will be placed ih 40'lifts with the outside slope having an 2:1 angle of repose. At the top of each slope there will be a set back of 12'and a rip rap lined ditch(RLD)at the toe of the next slope at the back of the set back. 2:1 Slope RLD r Natural Ground — - — -- — - — - — _ ---�_� " 1 `� ---- � > o�--��:�uc��il�uc�x��� �a�sa�°rnapp�aomt 'c�c�� ., F- J�.I x # s z Practice Standards and Specifications O 6.63 Definition A rock embankment located tocapture sediment inanaturally formed drainage feature. Purpose To trap sediment on the constrricticn site,and prevent ofGsite sedimentation in streams, lakes, and drainageways. Conditions Where The rock dam maybe used in drainage areas too large forthe use ofa temporary Practice Applies sediment trap. The height of the dam is limited to 8 feet, and drainage area should be no larger than 10 acres. The rock dam is preferred where a stable, earthen embankment would be difficult to construct, and riprap and gravel are readily available, The site must be accessible for periodic sediment removal. A rock dam should not be located in a intermittent or perennial stream. Planning A sediment basin formed by a rock embankment is used primarily where it is Considerations desirable to have the apof the structure serve as the overflow ouuetaud where suitable rock is readily available. A long weir crest is designed :O :ceep flow depth shallow and discharge velocities low. 'The inside face cf,'oe rock dam O must be covered with gravel to reduce the rate of seepoge throng!: the dam so that a sediment pool will form during runoff events. The pool should drain slowly through the gravel. The abutments of the rock dam must be higher than die top of the dam to prevent any water from flowing against the soil, Suitable filter fabric should be placed between the rock structure and its soil base and abutments. This practice prevents"piping" or soil movement in the foundation and abutments. Rock should extend downstream from the toe of the dam,on zero grade, and a sufficient distance to stabilize flow and prevent erosion. For other planning considerations see Practice 6.61, Sediment Basin. Design ` ''aria Summary Temporary Nock Dam Pnmary Spillway: Stone Spillway Maximum Drainage Area: 10 acres .4mimum Sediment Storage Volume. 3600 cubic feet per acre of disturbed area Minimum Surface Area: 435 square feet per cfs of Q,o peak inflow Minimum L/W Ratio: 2:1 Minimum Depth: 3.5 feet, 1.5 feet excavated below grade Maximum Height Weir elevation 6 feet above grade Dewatering Mechanism Stone Spillway Minimum Dewazering Time: N/A Baffles Required: 3 ® Design basin Ilfe-3 years or less. Dam height—limited to 3 feet. Rev.you 6.63.1 Basin locations—select areas that: -provide a large surface area to trap sediment; • intercept ninoff from disturbed areas; • are accessible for periodic sediment removal; and • interfere minimally with construction activities. Basin volume—The volume of the basin should be at least 3600 cubic feet per acre based on disturbed area draining into the basin, and measured 1 foot below the spillway crest. A sediment cleanout elevation, where the sediment pool is 50% full, should be marked in the field with a permanent strike. Trap efficiency—The following design elements must be provided for adequate trapping efficiency: • provide a surface area of 0.01 acres(435 square feet) per efs based on the area draining to the rock dam. • locate sediment inflow to the basin away from the dam to prevent short circuits from inlets to the outlet; • provide porous baffles (Practice 6.65,Porous Baffles); and • excavate 1.5 feet of the depth of the basin below grade, and a minimum of 2 feet above grade. Spillway capacity--The spillway should carry peak runoff for a 10-year stone with maximum flow depth of 6 inches and a miniinuin freeboard of 1 foot, The top of the rock embankment may serve as the spillway. Embankment— Top width— 5 feet minimum Side Slopes— Maximum: 2:l upstream slope 3:1 downstream slope Rock abutments should extend to an elevation at least 2 feet above.the spillway. Abutments should be 2 feet thick with 2:1 side slopes. The rock abutments should extend down the downstream face of the dam to the toe, at least 1 foot higher than the rest of the dam to protect the earth abutments from scour. Outlet protection—A rock apron, at least 1.5 feet thick, should' extend downstream from the toe of the dam on zero grade. A sufficient distance or a distance canal to the height of the dim (whichever is We ter` is .needed to prevent channel erosion. Rock fill—Rock should be well graded, hard, erosion resistant stone with a minimum d50 size of 12 inches. Typically,a rock dam should be constructed of a downstream layer of Class 11 riprap providis�y 3ieet of the crest widti�and an upstream layer of CIass 1 riprap providing 2 feet of the crest width. Protection from "piping"--To prevent soil movement and piping under the dam, the entire foundation inciuding both earth abutments must be covered by filter fabric. Overlap I foot at all joints, with the upstream strip over the downstream strip. Basin dewatering---The entire upstream face of the rock structure should be An foot with fine gravel (NC DOT#57 or#5 washed stone) a minimum of 1 An foot thick to reduce the drainage rate. 6.63.2 Rev.W45 Practice Standards and Specifications O Rack Abutment r h, a Z' fir- s u ' Weir Elevation w Class Land II Aei -'� L n°-y��--le ' Riprap xA r, » tan 1 min.57 DOT 95 'vg, ar#stone ed 3 x'w ++v"'; w stone ", S 8 Orr fp s� * �' Y a r ti9� C x ✓.f: ` `'h7, r+ Ck° `jam r :r Y+4 Minhick 4 . ,ktu `fi r „at, Ruck Apron er"'no, xiH`,. * —Cut-off Trench i Filter Fabric Cross-Section View Figure 6.63a Rock Dam cross section Construction 1. Clear the areas under the embankment and step of roots and other .Specifications objectionable material. Delay cleaning the reservoir area until the dam is in place. 2. Cover the foundation area including the abutments with extra-strengdt filter fabric before backfilling with rock. if cutoff trench is required, excavate at center line of dam, extending all the way up the earth abutments. Apply filter fabric under the rockfill embankment from the upstream edge of the dam to the downstream edge of the apron. Overlap fill material a minimum of I foot at all joints, with the upstream strip laid over the downstream strip. 3. Construct the embankment with well-graded rock and gravel to the size and dimensions shown an the drawings. It is important that rock abutments . be at least 2 feet higher than the spillway crest and at least I foot higher than the dam,all the way to the downstream toe, to prevent SCOUT and erosion at the abutments. Rev.erne 6.63.3 0 Spillway Details Figure 6.63a Rock Cam plan view and Top of rack abutment spillway details r 2. 2 min r Slope faunal on Spillway t Filter fabric ^ � Natural Ground low p L Gravel r �Lr i,n� C ' ° v ri' facing 12 min e r" r•+ 'xb 1 < Flaw Lave' apron kill- Still ar Rack Abutment "'+k 4. Sediment-laden water from the construction site should be diverted into the basin reservoir at the furthest area from the dam. 5. Construct the rock darn before the basin area is cleared to minimize sediment yield from construction of the basin. Immediately stabilize all areas disturbed during the construction of the dam except the sediment pool (References. SruI Srahnizalion). 6. Safety—Sediment basins should be considered dangerous because they ' attract children. Steep side slopes should be avoided, Fences with warning signs may be needed if trespassing is likely. All state and III requirements must be followed. O 6.63.4 Rev.brow Practice Standards and Specifications O .Maintenance Check sediment basins aftereach rainfall. Remove seditnentand restore originai volume when sediment accumulates to about one-half the design volume. Sediment should be placed above the basin and adequately stabilized. Check the structure for erosion, piping, and rock displacement weekly and after each significant (% inch or greater) rainstorm and repair immediately. Remove the structure and any unstable sediment immediately after the constructiori site has been permanently stabilized. Smooth the basin site to blend with the surrounding area and stabilize. All water and sediment should be removed froth the basin prior to dam removal. Sediment should be placed in designated disposal areas and not allowed to flow into streams or drainage ways during structure removal. References Surface Stabilization 6.10, Temporary Seeding 6.t I, Permanent Seeding 6.12, Sodding 6.13, Trees,Shrubs, Vines,and Ground Covers Sediment Traps and Barriers 6.61, Sediment Basins 6.65, Porous Baffles North Carolina Department of Transportation Standard Spec ications for Roads and Structures Rev.6/o6 6.63.5 Practice Standardsand Specifications O 6.31 ' RR go Definition Channels with erosion-resistant linings of riprap, paving, or other structural P material designed for the conveyance and safe disposal of excess water. Purpose To convey concentrated surface runoff without erosion. Conditions Where This practice applies where design flow velocity exceeds 2 it/sec so that a chan. Practice Applies nel fining is required, but conditions are unsuitable for grass-lined channels. Specific conditions include: • Channels where slopes over 5% predominate; continuous or prolonged flows occur;potential for damage from traffic(people or vehicles)exists; or soils are erodible and soil properties are not suitable for vegetative Protection. Design velocity exceeds that allowable for a grass-lined channel. Property value justifies the cost to contain the design runoff in a limited space. • Channel setting warrants the use of special paving materials. Planning Riprap or paving materials are generally employed as channel liners when ,O Considerations design flow velocides exceed the teleranceof grass or where grass lining isin- appropriate (Practice 6.30, Grass-lined Channels). Flexible liners are preferred to rigid liners, and riprap is the flexible liner of choice.Riprap is preferred primarily on the basis of cost,but it has several ad- ditional advantages such as: Riprap liners can be designed as withstand most flow velocities by choos- ing stable stone sin. Riprap adjusts to unstable foundation conditions without failure. Failure of a riprap liner is not as expensive to repair as a rigid liner would be. The roughness of riprap reduces outlet velocity,and tends to reduce flow volume by allowing infiltration. Rigid liners such as concrete or flagstone can carry large volumes of water without eroding. However,they are more expensive to design and construct,are less forgiving of foundation conditions,and introduce high energies that must be controlled and dissipated to avoid damage m channel outlets and receiving streams. Channels combining grassed side slopes and riprap or paved bottoms may be used where velocities are within allowable limits forgrass lining along the than. nel sides, but long-duration flows, seepage, or a high velocity flow would damage vegetation in the channel bottom. 6.31.1 Paving blocks and gabions have some or the same characteristics as riprap and �\ are often used instead of riprap to fit certain site conditions. Channels with smooth liners, such as concrete or flagstone, usually are not limited by velocity,take up less land area,and can be constructed to fit limited site conditions. to addition, they provide a more formal appearance and usual- lyrequire less maintenance.Exercise care to see that foundation sods are stable and proper foundation drainage is installed. Appropriate measures are needed to reduce the exit velocity of the paved channel to protect the receiving chan- nel or oudet. - Where urban drainage area exceeds 10 acres it is recommended that riprap and paved channels be designed by an engineer experienced in channel design. Design Criteria Capacity—Design channels to contain the peak runoff from the l0-yr storm as a minimum.Where flood damage potential is high, expand the capacity to the extent of the value or hazard involved. Velocity—Compute velocity using Manning's equation with an appropriate n value for the selected lining.Values for Manning's n are shown in Table 6.31a. Table 6.31a Guide for Selecting Manning Lining Material n ® n Values Concrete: Floweltish 0.012-0.017 Float finish 0.013-0.022 Gunite 0.016-0.D22 Flagstone 0.020-0.025 Paving blacks 0.025 Riprap Determine from Table 8.05f Gabion 0.025-0,030 Channel gradient—When the Froude Number is between 0.7 and 1.3.Chan- nel flaws may became unstable and the designer should consider modifying the channel slope.Reaches designed for supercritical flow should be straight unless special design procedures are used. F = Q2B R g Aa Where: Fell = Frail Number,dimensionless Q = Discharge, ft3/sec B = Water surface width, ft g = 32.2 fdsecz A = Cross-sectional area, ftZ_ Cross section—The cross section may be triangular,parabolic,or trapezoidal. Reinforced concrete m goblets may be rectangular(Figure 6.31a). 6.71:: Practice Standards and Spec(fications ® V-shaped Riprap Channel Imo6thly blend contact area i Design top.width Design depth =II 0 _ I Design thickness A Design thickness cSubgrade excavation ❑hu=nlll— IIII� III= lau Filter layer, gravel or fabric Trapezoidal Riprap Channel Design top width JT: Design depth '-�Ifll Jr—T IIIIi=11itiiiliu=iliiflr l_IIIII_r Filter layer, gravel or fabric ✓ Parabolic-shaped Riprap Channel Smoothly blend Design top width co Meet area A ., Design depth Design Thickness II Design thickness —" _ ' Subgrade excavation Ill I Filter layer, gravel or labric Figure 6.31a Construction detail of nprap channel crass sections. Side slope—Base side slopes on the malerials.and placement methods in Table 6.311). Hydraulic grade line—Ensure that the design water surface in the channel meets the design Flow elevations of mbutary channels and diversions. Ensure that it is below safe flood elevations for homes,roads,or other improvements. Rn. ixsa 6.31.3 Table 6.31 b Guide for Selecting Channel Maximum Side Slopes Nonreinforced Concrete Slope Formed Concrete Height of lining1.5 ft or less vertical Screeded concrete or flagstone mortared in place Height of lining less than 2 ft 1:1 Height of lining more than 2 ft 2:1 Slip form concrete Height of lining less than 3 ft 1:1 Riprap and Paving Blocks 2:1 Depth and width—Proportion the channel.depth and width to meet the needs of drainage,carrying capacity, foundation limitations,and specific site condi- tions. Lining thickness---Minimum lining thickness should be as shown in Table 6.31c. Filter layer—A sand/gravel filter layer should be used under the channel lining to prevent piping and reduce uplift pressure(Appendix 8.05). Riprap—For the design of riprap channels see Appendix 8.05. ® Concrete—Concrete for linings should be a dense,durable product sufficient- ly plastic for thorough consolidation but stiff enough to stay in place on side slopes.As a minimum,use a mix certified as 3,000 lb/inch2. Cutoff--Cutoff walls are needed at the beginning and end of paved or riprapped channel sections to protect against undercutting.Expansion joints and addition- al cutoff walls may also be needed. Outlets—Evaluate the capacity and stability of all channel outlets and protect them from erosion by limiting exit velocity(Practices 6.40,Level Spreader and 6.41,Outlet Stabilization Structure). Table 6.31c Channel Lininq Thickness Material Minimum Thickness Concrete 4 inches Rock riprap 1.5 x maximum stone diameter Flagstone 4 inches including mortar Construction 1. Clear the foundation area of trees, stumps,roots, loose rock, and other ob- +;.,.,r iectionablematerial. LJI.JGVIIiLQl,IVI IJ 2. Excavate the cross section to the lines and grades of the foundation of the liner as shown on the plans.Bring over-excavated areas to grade by increasing the thickness of the liner or by backfilling with moist soil compacted to the den- sity of the surrounding material. 6.31.4 Practice Standards and Specifications 3. Concrete linings: Place concrete linings to the thickness shown on the plans and finish them in a workmanlike manner. • Take adequate precautions to protect freshly placed concrete from ex- treme temperatures to ensure proper curing. • Ensure that subgrade is moist when concrete is poured. • Install foundation drains or weep holes where needed to protect against uplift and piping. • Provide transverse (contraction) joints to control cracking at approxi- mately 20-ft intervals. These joints may be formed by using a 1/2-inch thick removable template or by sawing to a depth of at least 1 inch. Install expansion joints at intervals not to exceed 100 ft. 4. Rock riprap linings: Practice 6.15,Riprap. 5. Place filters, beddings and foundation drains to line and grade in the manner specified, Place filter and bedding materials immediately after slope prepara- tion. For synthetic filter fabrics, overlap the downstream edge by at feast 12 inches with the upstream edge which is buried a minimum 12"in a trench. See figure 6.14a, page 6.14.6. Space anchor pins every 3 ft. along the overlap. Soread granular materials in a uniform laver. When more than one vrarlatinn is required, spread the layers so there is minimal mixing. Filter material should consist of at least 3 inches of material on all sides of the drain pipe.The drain pipe conduit should be a minimum of 4 inches in diameter.Acceptable materials include perforated, continuous, closed joint conduits of clay, concrete, metal, plastic or other suitable material(Practice 6.81,Sub-Surface Drain) 6. Perform all channel construction to keep erosion and water pollution to a minimum. Immediately upon completion of the channel,vegetate all disturbed areas or otherwise protect them against soil erosion.Wherechannel construction will take longer than 30 days,stabilize channels by reaches. Maintenance Inspect channels at regular intervals as well as after major rains, and make repairs promptly.Give special attention to the outlet and inlet sections and other points where concentrated flow enters.Carefully check stability at road cross- ings and look for indications of piping, scour holes, or bank failures. Make repairs immediately.Maintain all vegetation adjacent to the channel in a healthy, vigorous condition to protect the area from erosion and scour during out-of-bank flow, References Surface Stabilization 6.11,Permanent Seeding 6.15,Riprap Runoff Conveyance Measures Alm 6.30,Grass-lined Channels qW . Rev. U/93 6.31.5 Outlet Protection 6.41, Outlet Stabilization Structure Other Related Practices 6.81, Subsurface Drain Appendices 8.03,Estimating Runoff 8.05, Design of Stable Channels and Diversions 6.31.6 Rev. EJ93 Practice Standards and Specifications 6.83 Definition A small temporary stone dam constructed across a drainage way Purpose To reduce erosion in a drainage channel by reducing the velocity of flow. Conditions Where This practice may be used as a temporary measure to limit erosion by reducing Practice Applies velocity in small open channels. When needed, they can be used in channels, roadside ditches,and temporary diversions. Check dams may be used to: • reduce velocity in small temporary channels that are degrading, but where permanent stabilization is impractical due to their short period of usefulness; • reduce velocity in small eroding channels where construction delays or weather conditions prevent timely installation of nonerosive liners. - Do not use check dams In intermittent or perennial streams. Planning Check dams are an expedient way to reduce gullying in the bottom ofchannels Considerations that will be filled or stabilized at a later date, The dams should only be used ® - while permanent stabilization measures are being put into place. Check dams installed in grass-lined channels may kill the vegetative lining if submergence after it rains is too long and/or silting is excessive. All stone and tiprap must be removed if mowing is planned as part of.vegetative maintenance. Design Criteria The following criteria should be used when designing a check dam: • The drainage area is limited to one half acre. • Keep a maximum height of 2 feet at the center of the dam. • Keep the center of the check dam at least 9 inches lower than the outer edges at natural ground elevation. • Keep the side slopes of the item at 2:1 or flatter • Ensure that the maximum spacing between dams places the toe of the upstream dam at the same elevation as the top of the downstream dam (Figure 6.83a). • Stabilize outflow areas along the channel to resist erosion. • Use NO DOT Class B stone and line the upstream side of the dam with NO DOT#5 or#57 stone, • Key the stone into the ditch banks and extend it.beyond the abutments a _ minimum of 1.5 feet to avoid washouts from overflow around the dam. 6106 6.83d e I. Place stone to the lines and dimensions shown in the Ian on a filter fabric Construction P Specifications foundation. 2. Keep the center stone section at least 9 inches below natural ground level where the dam abuts the channel banks. 3. Extend stone at least 1.5 feet beyond the ditch bank(Figure 6.93b)to keep water from cutting around the ends of the check dam. 4. Set spacing between dams to assure that the elevation at the top of the lower dam is the same as the toe elevation of the upper dam. 5. Protect the channel i fler the lowest check dam from heavy flow that could cause erosion. 6. Make sure that the channel reach above the most upstream dam is stable. 7. Ensure that other areas of the channel,such as cut ven entrances below the check dams,are not subject to damage or blockage from displaced stones. L = The distance such that points A and S are of equal elevation O A 8 Lr l- L s Fl9ura6.33a Space Check dams in a channel so Nat the crest of downstream dam is at elevation of the toe of upstream dam. 6 S3 2 Re.. 6106 Practice Standards and Specifications OL5' min. 9" min / Filter Cloth Plan View 12" of NCDOT#5 or#57 washed stone 1.5' x 2r Class 6 Riprap e e t 2' m2x, at center Filter Cloth e in Big M 1 4' to 6' Crass-Section View Figure 6.83b Stone check dam stone should be placed over the channel banks to keep water from cutting around the dam. Maintenance Inspect check dams and channels at least weekly and attereach significant(1/2 inch or greater) rainfall event and repair immediately. Clean out sediment, straw, limbs,or other debris that could clog the channel when needed. Anticipate submergence and deposition above the check dam and erosion from high flows around the edges of the dam. Correct all damage immediately. If - significant erosion occurs between dams, additional measures can be taken such as, installing a protective riprate liner in that portion of the channel (Practice 6.31,Riprap-line and Paved Charnels). Remove sediment accumulated behind the dams as needed to prevent damage to channel vegetation,allow the channel to drain through the stone check dam,. and prevent large flows from carrying sediment over the dam. Add stones to dams as needed to maintain design height and cross section. Referel Runoff Conveyance Measures 6.30,Grass-Lined Channels 6.31, Riprap-lined and Paved Channels i� North Carolina Dclearrn ent of 7Fansportation Standard Specifications for Roads and Structures 116106 6.83.3 Practice Standards and Specifications e Definition A temporary sediment control measure consisting of fabric buried, at the bottom, stretched, and supported by posts. - Purpose To retain sediment from small disturbed areas by reducing the velocity of sheet flows to allow sediment deposition. Conditions Where Below small-disturbed areas that are less then Y acre per 100 foot of Pence. ' Practice Applies Where runoff can be stored behind the sediment fence without damaging the fence or the submerged area behind the fence. Do not install sediment fences across streams, ditches, or waterways, or other areas of concentrated flow. Sediment fence should be placed along topographic elevation contours;where it Can intercept stormwater runoff that is in dispersed sheet flow. Sediment fence should not be used alone below graded slopes greater than-10 feet in height_ O Planning A sediment fence is a system to retain sediment on the construction site, The Considerations fence retains sediment primarily by retarding flow and promoting deposition. In operation, generally the fence becomes clogged with fine particles, which reduce the flow rate. This causes a pond to develop behind the fence. The designer should anticipate pending and provide sufficient storage areas and overflow outlets to prevent flows from overtopping the fence.. Since sediment fences are not designed to withstand high water levels, locate them so that only shallow pools can form. Tic the ends of a sediment fence into higher - ground to prevent flow around the end of the fence before the pool.reaches design level. Curling each end of the fence uphill in a "1" pattern may be appropriate to prevent end flow. Provide stabilized outlets to protect the.fence system and release storm Sows that exceed the design storm. Deposition occurs as the storage pool forms behind the fence. The designer can. direct slows to specified deposition areas through appropriate positioning of - the fence or by providing an excavated area behind the fence. Plan deposition.' areas at accessible points to promote routine cleanout and maintenance:Show. deposition areas in the erosion and sedimentation control plan. A sediment fence acts as a diversion if placed slightly off the contour. A maximum slope of 2 percent is recommended. This technique may be used to control shallow, uniform 9bws tram snall 'isvurbed areas and to deliver sediment to to deposition areas. The anchoring of the toe of thafence should be reinforced with 12 inches of.NC DOT#5 or#57 washed stone when flow will run parallel to the toe of the fence, - Sediment fences serve no function along ridges or near drainage divides where o there is little movement of water. Confining or diverting maaff unnecessarily with a sediment fence may create erosion and sedimentation problems that would not otherwise occur. - Rio.6106 Straw barriers have only a 0-20%trapping efficiency and are inadequate.Straw bales may not be used in place of sediment fence. Prefabricated sediment fence with the fabric already stapled to thin wooden posts does not meet minimum standards specified later in this section, Anchoring of sediment fence is critical. The toe of the fabric must be anchored in a trench backfillcd with compacted earth. Mechanical compaction must be provided in order for the fence to effectively pond runoff. Design Criteria Ensure that drainage area is no greater than acre per 100 feet of fence. This is the maximum drainage area when the slope is less than 2 percent. Where all runoff is to be stored behind the fence, ensure that-the' maximum slope length behind.a sediment fence does not exceed the specifications shown in Table 6.62a. The shorter'slope length allowed for steeper slopes will greatly reduce the maximum drainage area. For example, a 10-20 %slope may have a maximum slope.length of 25 feet. For a 100-foot length of sediment fence, the drainage area would be 25ft X 100ft= 2500sq.ft.,or 0.06 acres. Table 6.62a Maximum Slope Slope Length (ft) Maximum Area (ftz) Slope Length and Slope for <2% 100 10,000 which Sediment Fence is 2 to 5% 75 7,500 Applicable 5 to 10% 50 5,000 10 to 20% 25 2,500 >20% 15 1,500 OMake the fence stable for the 10-year peak sionn runoff. Ensure that the depth of impounded water does not exceed 1.5 feet at any point' along the fence. If non-erosive outlets are provided, slope length may be increased beyond that shown in Table 6.62a,but runoff from the area should be determined and bypass capacity and erosion potential along the fence must be checked. The velocity of the flow at the outlet or along the fence should be in keeping with Table 8.05d,Appendix' 8.05. Provide a riprap splash pad or other outlet protection device for any point where flow may overtop the sediment fence, such as natural depressions or swales. Ensure that the maximum height of the fence at a protected,reinforced outlet does not exceed 2 feet and that support pose spacing does not exceed 4 feet. The design life'of a synthetic sediment fence should be 6.months. -Construction - MATERIALS 1. Use a synthetic filter fabric of at least 95% by weight of polyolefins or Specifications polyester,,which is certified by the manufacturer or supplier as conforming to the requirements in ASTM D 6461,which is shown in part in Table 6.62b. Synthetic filter fabric should contain ultraviolet ray inhibitors and stabilizers to provide a minimum of 6 months of expected usable constriction life at a temperature range of 0 to.120°F. 6.62.2 Rev,6/06 J Practice Standards and Specifications 2. Ensure that .posts for sediment fences are 1.33 lb/linear ft stebt with a minimum.length of 5 feet. Make sure that steel posts have projections to facilitate fastening the fabric. 3. For reinforcement of standard strength filter fabric, use wire fence with a minimum 14-gauge and a maximum mesh spacing of 6 inches. Table" &62b Specificatibns-.For Sediment Fence Fabric Temporary Silt Fence Material Property.Requirements Supported' Un•Supported' Type of Test Ntatehal Units Silt Fence Silt Fence Value Grab-Strength ASTM D 4632 N(lbs) Machine Direction 40C 550 MARV (90) (90.) X-MacNna Direction 400 450 41ARV (90) (90) Permitiivityz ASTM D 4491 sec-1 0.05 0.05 MARV Aoaarent Opening Sizez ASTM D 4751 mm 0.60 0.60 Mdx.ARV' (US Sieve#) (30) (30) % 70%after 70%after Ultraviolet Stability ASTM D 4355 Retained 500h of exposure 500h of exposure Typical Strength 'Silt Fence support shall consist of 14 gage steel wire with a mesh spacing of 150 mm(6 inches),or pretabricated poylmer meshof equivalent strength. 'These default values are based on empirical evidence with a variety of sediment. For environmentally sensitive areas, a review of previous experience and/or site or re.giorally specific geotextile tests in accordance with Test Method D 5141 should be performed by the agency to confirm suitability of these requirements. As measured In accordance with Test Method D 4.632. CONSTRUCTION 1. Construct the sediment barrier of standard strength or extra strength synthetic filter fabrics. 2. Ensure that the height of the sediment fence does not exceed 24 inches above the ground surface, (Higher fences may impound volumes of water sufficient to cause failure of the structure.). 3. Construct the filter fabric from a continuous.roll cut to the length of the barrier to avoid joints. When joints are necessary, securely fasten the filter cloth only at a support post with 4 feet minimum overlap to the next post. 4. Support standard strength filter fabric by wire mesh fastened securely to the upslope side of the posts. Extend the wire mesh support to the bottom& the trench. Fasten the wire reinforcement, then fabric on the upslope side of the fence post. Wire or plastic zip ties should have minimum 50 pound tensile strength. 5. When a wire mesh support fence is used, space posts a maximum of 8 feet apart, Support posts should be driven securely into the ground a minimum of 24 inches. 6. Extra strength filter fabric with D lCct post spacing does not requires'= mesh support fence. Securely fasten the filter fabric directly to posts. Wire or plastic zip ties should have minimum 50 pound tensile strength. Rev.6106 6.62.3 Q7. Excavate a trench approximately 4 inches wide and 5 inches deep along the proposed line of posts and upslope from the barrier(Figure 6.62a). 8. Place 12 inches of the fabric along the bottom and side of the trench. 9. Backfill the trench with. soil placed over the filter fabric and compact. Thorough compaction of the backfill is critical to silt fence performance. 10. Do not attach filter fabric to existing trees. SEDIMENT FENCE INSTALLATION USING THE SLICING.IVETHOD Instead of excavating a trench, placing fabric and then backfilling ,trench, sediment fence may be installed using specially designed equipment that inserts the fabric into a cut sliced in the ground with a disc (Figure 6.62by. Installation 1. The base of.both end posts should be at least one foot higher than'the middle of the fence. Check with a level if necessary. Specifications 2. Install posts 4 feet apart in critical areas and 6 feet apart.on standard applications. 3. Install posts 2 feet deep on the downstream side of the silt fence and as close as possible to the fabric, enabling posts to support the fabric from upstream water pressure. 4. Install posts with the nipples facing away from the silt fabric. 7. Attach the f`dUCIL tU edLh pV�t wiih L hree ties, all spaced wit hir! th c.tup 0 O inches of the fabric. Attach each tie diagonally 45 degrees through the fabric, with each puncture at least 1 inch vertically apart. Also, each tie should be positioned to hang on a post nipple when tightened to prevent sagging. 6. Wrap approximately 6 inches of fabric around the end posts and secure with 3 ties. 7. No more than 24 inches of a 36 inch fabric is allowed above ground level. 8. The installation should be checked and corrected for any deviations before compaction. 9. Compaction is vitally important for effective results. Compact the soil immediately next to the silt fence fabric with the front wheel of the tractor, skid steer, or roller exerting at least 60 pounds per square inuli. Compact the upstream side first, and then each side twice for a total of 4 trips. 5624 . hey.6!06 Practice Standards and Specifdcadons 8' max. standard siren ih fabrle with wire fence - 6' max. extra strength fabric withaut wire fence 1'aK-k" eTr sap +�c^ x srm. �c -`fE Steel] .a 1 or s •E3 r r .tM MIT $m ,"� , 'i ,�,� +i Plastic or 44 1 t'r-Ffr + ,#-tit r'{ r'kn.r, r*,N wire tees "� r'ttnh' r/ :Wire - ranee l��i �� fs '' a 7 •: ground + c / forward;dlona ' ?$ pq^ the french Filter '.fabric Wire fence Cross-Section - View Filter Steel fabric Bac"lltrench Natural pes and compact �horoui ground 9 mm 41 Z4 o• lot 1*016 I Figure 6.61a lnsWilation.delail of a sediment fence. ltev.6106 e.42.5 The Slicing Method 7. Penang rai POST $PACING: Max . 24 6'npx. on open Nil[ od a' max on podlrg areas b .._.........: ... ................ top of Fabric . her Belt N po ? umnsam roe or poP ' top g^ ' FLOW IIA Dore o.er aacn side of silt 1011 DE1it1: { ream 2 to a bide.. z rest eleven e.e"so c_n.D.- prater compacted don compacted soil Vital anactmenr as ATTACHMENT DETAILS, a Gother fount m pests, it needed fir UsZethre real s pel,am,all within lap 9'al obi • nili each diagonally Puncturing hDlesvehicDlly a lmurnr l �\ • \ \ • Hongeachtieona post nipple and lighten securely,No more than 24"ofa 36" fabric Use code des(solos)or eon wird. is allowed above ground. Roll of silt fence f� Operation Post installed otter compaction o FobAc O aloportre Slit Fence ground } �0u 8 12 'nrous ntal chisel Front Slicing diode ( 3"width ) ( ' aJ" WIUtt1) . Completed InbTallatlon AOL Vibratory plow is not acceptable because of horizontal compaction IF f Figure 6.626 Schematics for using the slicing method to install a sediment Pence, Adapted from Silt Fence that Works Practice Standards and Specifications. Mai me na nee Inspect sediment fences at least once a week and after each rainfall. Make any required repairs immediately, Should the fabric of a sediment fence collapse, tear, decompose or become ineffective, replace it promptly. Remove sediment deposits as necessary to provide adequate storage volume for the next rain and to reduce pressure on the fence. Take,care to avoid undermining the fence during cleanout. Remove all fencing.materials and unstable sediment deposits,and bring the area to grade and stabilize it after the contributing drainage area has been properly stabilized. Refere n eeS ASTM D 6461—99. "Standard Specification for Silt Fence Materials" ASTM internatinnal, For referenced ASTM standards; visit the ASTM website, www.astm.org,or contact ASTM Customer Service.at service@astm;org.tor Annual Book of ASTM Standards volume information,refer to the standard's Document Summary page on the ASTM website. +r�s+e.t n cA L'I n'l lle ,7 1 D..acl- ,,e Fur C:ir'G'e�,,,, l.,or�ll�t;r,.," ACTT�A H1711Y1 ll U'tVL. VJ. Jtan�lal`5} 1 l[lli ll4�+ 4u+ 141+ l+lu L++11tF+iV++ International. For-referenced ASTM standards, visit the ASTM web"site, www.astm.org,or contact ASTM Customer Service at service@astm.org.For Annual Book of ASTM Standards volume information,refer to the standard's Document Summary page on the ASTM website. C. Joel Sprague, PE, Silt Fence Performance Limits and Installation Requirements. Sprague and Sprague Consulting Engineers and TRI/ Environmental,Inc. Carpenter Erosion Control.httpa/www.tommy-sfan.com/ Kentucky Erosion Prevention and Sediment Control Field Manual, 2004, Runoff Control Measures 6.20,Temporary Diversions Outlet Protection 6.41, Outlet Stabilization Structure Appendix 8.03, Estimating Runoff Ak Rev.6/46 0.62.7 . Practice Standards and Specifications ® 6.41 Definition A structure designed to control erosion at the outlet of channel or conduit. Purpose To prevent erosion at the outlet of a channel or conduit by reducing the velocity of flow and dissipating energy. Conditions Where This practice applies where the discharge velocity of a pipe, box culvert, Practice Applies diversion, open channel, or other water conveyance structure exceeds the permissible velocity of the receiving channel or disposal area. Planning The outlets ofchannels,conduits.and other structures are points of high erosion Considerations potential because they frequently tarty flows at velocities that exceed the allowable limit for the area downstream. To prevent scour and undermining, an outlet stahili>ation serrcbuP is needed to absorb the impact of the now and reduce the velocity to non-erosive levels. A riprap-lined apron is the most commonly used practice for this purpose because of its relatively low cost and case of installation. The riprap apron should be extended downstream until stable conditions are reached even though this may exceed,the length calculated for design velocity control. Riprap-stilling basins or plunge pools reduce flow velocity rapidly. They should be considered in lieu of aprons where pipe outlets are cantilevered or where high flows would require excessive apron length (Figure 6.41a). Consider other energy dissipaters such as concrete impact basins or paved outlet structures where site conditions warrant. Alternative methods of energy dissipation can be found in Hydraulic Design of Energy Dissipaters for Culverts and Channels, Hydraulic Engineering Circular No, 14, U.S. Department of Transportation, Federal Highway Administration. The installation of a culvert in a stream is subject to the conditions of a U.S. Army Corps of Engineers 404 Permit and a N.C. Division of Water Quality 401 Certification. These permit conditions may not allow the use of a riprap apron, and may require that the bottom of the culvert be buried below the natural stream bed elevation. A pre-formed scourpool orplunge pool should be considered in these situations. Plunge pool designs in streams should not use cantilevered outlet because it would pose a barrier to migration of aquatic life through the culvert. Reducing the outlet velocity may require a combination oftechniques,including aculvertwith a fl at bottom,a downstream cross vane to create tail-water at the pipe outlet, and/or a preformed scour pool. Design Criteria Capacity-10-year, peak runoff or the design discharge of the water conveyance structure,whichever is greater. Rev.6416 6.41.1 0 Tail-water depth—Determine the tail-water depth immediately below the culvert or pipe outlet based on the design discharge. The ratio of tail-water _ depth to pipe diameter must be determined in order to select the appropriate riprap apron or plunge pool design method. Plunge Pools—Two plunge pool methods are presented in Appendix 8.06, the USDA Plunge Pool Design at Submerged Pipe Spillway Outlets, and the USDA Riprip Lined Plnnge Pool for Cantilevered Outlet. .Software from the Federal Highway Administration can be downloaded at http:!/www.lhwa.dot. gov/engineeiinWhydraulicslsoftware.cfm. Excel spreadsheets- for the USDA methods are available through the Land Quality web-site at hitp://www.dlr. enrstate.nc.us/pages/sedimenttecassist.html. Figure 6.67a Typical plunge pool design showing variable dimensions. 0, T. Z r zr Z, 4 6 t _ —Lb—i L, L. Riprap Aprons size—The apron length and width can be determined according to the tail-water condition. If the water conveyance structure discharges directly into a well-defined channel, extend the//apt it across the channel bottom and up the channel banks to an elevalio of b.5 f at above the maximum tail-water depth or to the top of the bank, whichever i less (Figure 641 c). - Determine the maximum allowable velocity for the receiving stream, and design the nprap apron to reduce flow to this velocity before How leaves the apron. Calculate the apron length for velocity control or use the length required to meet stable conditions downstream,whichever is greater. Grade—Ensure that the apron has zero grade. There should be no overlaid at the end of the apron, that is, the elevation of the top of the riprap at the downstream end should be the same as the elevation of the bottom of the receiving channel or the adjacent ground if there is no channel. Alignment—The apron should be straight throughout its entire length, but if s curvep is necessary o align the apron with the receiving stream, locu[e the n curve in the upstream sectionof riprap. ^••� Re.'.N06 Practice Standards and Specifications A Minimum do v Tailwater < 0.5 do 111E II �REffl I 111=11 I — III ILL Tilll �I Tr-�"�' , 4 lig ICI �I-W =1 I k1 II JfliL�T� IIII— I trL Maximum A v Tailwater 7 0.5 cb . do . r J iii=11111=1TIIF�TiT111 =aII I1f.��lTI L11111�!!!�_II !�— III, ILI S ,�--i-I I021 Figure 6_411a Stage snowing maximum and minimum tailwater condition. Materials—Ensure that riprap consists of a well-graded mixture of stone, Larger stone should predominate,with sufficient smaller sizes to fill the voids between the stones. The diameter of the largest stone size should be no greater than 1.5 times the da,size. Thickness—Make the minimum thickness of riprap 1.5 times the maximum' stone diameter. Stone quality—Select stone for ripmp from field stone or quarry stone. The stone should be hard, angular, and highly weather-resistant. The specific gravity of the individual stones should be at least 2.5. Filter—Install a filter to prevent soil movement through the openings in the riprap. The filter should consist of u graded gravel layer or a synthetic fiher cloth. Design filter blankets by the method described in Practice 6.15, Riprop. lum.WI6 6.41.3 Pipe Outlet to Flat Area— `l No Well-defined Channel 3do A A Plan La I=11 �L � �a IIIltlll Section AA Filler Notes blanket 1 . La is the length of the riprap Pipe Outlet to Well-defined apron. Channel 2. d = 1 .5 times the maximum stone diameter but not less than 6". - 3. In a well-defined channel ex- tend the apron up the channel 4P[ani A banks to an elevation of 6" above the maximum tailwater depth or to the top of the bank, whichever Is less. 4. A filter blanket or filter fabric should be installed between the riprap and soil foundation. tr, ViMaw � ��-111 `mil ^ Section AA ko, 7,gl Filter _ blanket n _ Figure B.Hc Riprap outlet protec0on(motlilied from Va SWCCI. 6.41.4 Row,6/06 Practice Standards and Specifications Construction 1. Ensure that the subgrade for the filter and riprap follows the required lines Specifications and grades shown in the plan. Compact any fill required in the subgrade to the density of the surrounding undisturbed material. Low areas in the subgrade on undisturbed soil may also be filled by increasing the riprap thickness. 2. The riprap and gravel filter must conform to the specified grading limits shown on the plans. 3. Filter cloth, when used, must meet design requirements and be properly protected from punching or tearing during installation. Repair any damage by removing the riprap and placing another piece of filter cloth over the damaged area. All connecting joints should overlap so the top layer is above the downstream layer a minimum of I foot. If the damage is extensive, replace the entire filter cloth. 4. Riprap may be placed by equipment,but take care to avoid damaging the filter. 5. The minimum thickness of the riprap should be 1.5 times the maximum stone diameter. 6. Riprap may be field stone or rough quarry stone. It should be hard, angular, highly weather-resistant and well graded. 7. Construct the apron on zero grade with no overfill at the end. Make the top of the riprap at the downstream end'Ievel with the receiving area or slightly below it. 8. Ensure that the apron is properly aligned with the receiving stream andD tsicpreraystragt truigvii gii. ifict sdedtofit i silc conditions, place it in the upper section of the apron. 9. Immediately after construction,stabilize all disturbed areas with vegetation (Practices 6.10, Temporary Seeding, and 6.11,Perinaneni Seeding). Maintenance inspect riprap outict structures weekly and after significant(1/2 inch or greater) rainfall events to see if any erosion around or below the riprap has taken place, or if stones have been dislodged. Immediately make all needed repairs to prevent further damage. References Surface Stabilization 6.10,Temporary Seeding 6A 1,Permanent Seeding 6.15, Riprap Appendix 8.06, Design of Riprap Outlet Protection Rice,C.E., Kadavy,K.0 "Riprap Design for Pipe Spillways at -1 <TW/D<0.7" Presented at the December 13, 1994 International Winter Meeting,American Society of Agricultural Engineers, Paper Number 942541. Rice,C.E. and K.C. Kadavy, 1994, Plunge Pool Design at Submerged Pipe Spillway Outlets. Transactions of the ASAE 37(4):1167-l 173. F'HWA. 1983. Hydralic Design of Energy Dissipaters for Culverts and Channels. Hydraulic Engineering Circular Number 14. Rev.6/06 6.41.5 I Practice Standards and SOediticatidrts ® 6.03 Imo/ Definition Roughening a bare soil surfacewith horizontalgroovesrunning across the slope, III "' III stair stepping,or tracking with construction equipment. Purpose To aid theestablishmentofvegeratwecover from seed,to reduce runoff velocity and increase infilvadon, and to reduce erosion and provide for sediment map- ping Conditions Where Allconstraction slopesrequhe surfaccroughening to Facilitate stabilization with Practice Applies vegetation,particularly slopes steeper than 3:1, Planning Rough slope surfaces are preferred because they aid rheestablishmentnf vegeta. Considerations don,improve water infiltration,and decrease runoff velocity.Graded areas with smooth, hard surfaces may be initially attractive,but such surfaces increase,the potential for erasion A rough, loose soil surface gives a mulching effect that protects time, fertilizer, and seed. Nicks in the surface are cooler and provide more favorable moisNre conditions than hard, smooth surfaces; this aids seed germination. There are different methods for achieving a roughened soil surface on a slope, and the selection of an appropriate method depends upon the type of slope. Roughening methods include sta'u-step grading, grooving, (Figure 6 03a) and tracking, Factors to be considered in choosing a method are slope steepness, mowing requirements,and whether the slope is formed by cutting or filling, Figure 6.03a Bulldozer treads create grooves perpendicular to the slope. The, drOV t l 1 slope face should not be back-bladed Vr rW during the final grading operation (sours: t Va SWCC). �" WI Slope 6.03.1 Design Criteria No formal design is required. Construction CUT SLOPE ROUGHENING FOR AREAS NOT TO 13E MOWED Specifications Stair-step grade or groove cut slopes with a gradient steeper than 3:1 (Figures 6.03b and 6.03c). Use stair-step grading on any erodible material soft enough to be ripped with a bulldozer. Slopes consisting of soft rock with some subsoil are particularly suited to stair-step grading. Make the vertical cut distance less than the horizontal distance, and slightly slope the horizontal position of the "step" in toward the vertical wall. Do not make individual vertical cuts more than 2 feet in soft materials or more than 3 feet in rocky materials. Grooving uses machinery to create a series of ridges and depressions that run across the slope(on the contour). Groove using any appropriate implement that can be safely operated on the slope, such as disks, tillers, spring harrows, or the teeth on a front-end loader bucket.Do not make such grooves less than 3 inches deep nor more than 15 in- ches apart. FILL SLOPE ROUGHENING FOR AREAS NOT TO BE MOWED Place fill slopes with a gradient steeper than 11 in lifts not to exceed 9 inches, and make sure each lift is properly compacted.Ensure that the face of the slope consists of loose, uncompacted fill 4 to 6 inches deep. Use grooving, as described above,to roughen the face of the slopes, if necessary. Do not blade or scrape the final slope face. CUTS,FILLS,AND GRADED AREAS THAT WILL BE MOWED Make mowed slopes no steeper than 3:1. Roughen these areas to shallow grooves by normal tilling,disking, harrowing, or use of cultipacker-seeder. Make the final pass of any such tillage implement on the contour. Make grooves formed by such implements close together(less than 10 inches) and not less than l inch deep, Excessive roughness is undesirable where mowing is planned. ROUGHENING WITH TRACKED'MACHINERY Limit roughening with tracked machinery to sandy soils to avoid undue com- paction of the soil surface. Tracking is generally not as effective as the other roughening methods described. Operate tracked machinery up and down the slope to leave horizontal depres- sions in the soil. Do not back-blade during the final grading operation. ` 6,03.2 I Practice Standards and Specifications ® Debrsfrom slope �I above is caught I� t I I I I I—III 11 by steps 2 3 ' Drainage Illll )depending on material) I� F Greater i= than vertical _ _ Cut steps with drainage to the back, _f Avoid law spots. —I I� _ • _� I _ II _II� Figure 6.03b Stair stepping cut slopes(modified from Va SW CC). lLi ^' � { III � III I J�I I - - ICI 3roove by cutting furrows along the contour. Irregul arities nTTT- 1-3 " in t'ne soil surface catch rainwater and retain lime, fertilizer, and seed. 1 Figure 6.03c Grooving slopes modified Irom Va SWCC). 6.03.3 Seeding—Immediately seed and mulch roughened areas to obtain optimum seed germination and growth. Maintenance Periodically check the seeded slopes for rills and washes.Fill these areas slight- ly above the original grade, then reseed and mulch as soon as possible. References Surface Stabilization 6.10,Temporary Seeding 6.1 1,Permanent Seeding 6.14,Mulching Chapter 3, Vegetative Considerations 6.03.4 Practice Standards and Specifications Definition A graveled area or pad located at paints where vehicles enter and leave a con- struction site. Purpose To provide a buffer area where vehicles can drop their mud and sediment to avoid transporting it onto public roads, to control erosion from surface runoff, and to help control dust. Conditions Where Whenever traffic will led leaving a construction site and moving directly onto a Practice Applies public road or other paved off-site al construction plans shouldlimittraffic to properly constructed entrances. Design Criteria Aggregate Size—Use 2-3 inch washed stone. Dimensions or gravel pad— Thickness: 6 inches minimum - Width: 12-fl minimum or full width at all points of the vehicular entrance and exit area, whichever is greater Length: 50-ft minimum Location—Locate construction entrances and exists to limit sediment from leaving the site and to provide for maximum utility by all construction vehicles (Figure 6.06a). Avoid steep grades and entrances at curves in public roads. as / c 0 n 6" min J/ 23 ^tic coarse aggregate ce` Figure l Gravel entrancelexit keeps sediment from leaving me construction site(modllied from Va swGC). 6,06.1 Wash ing—Ifcondidons at thesitsare such drat most of the mud and sediment ' are not removed by vehicles traveling over the gravel, the tires should be washed. Washing should be done on an area stabilized with crushed stone that drains into a sediment trap or other suitable disposal area.A wash rack may also be used to make washing more convenient and effective. Construction 1. Clear the entrance and exit area of all vegetation, roots, and other objec- Specifications tionable material and properly grade it. 2.Place the gravel to the specific grade and dimensions shown on the plans,and smooth it. J.Provide drainage to carry water to a sediment trap or other suitable outlet. 4. Use geotcxtile fabrics because they improve stability of the foundation in locations subject to seepage or high water table. - Maintenance Maimain the gavel pad in a condition to prevent mud or sediment from leay. ing the construction site. This may require periodic mpt ressing with 2-inch stone. After each rainfall,inspect any structure used to trap sediment and clean it out as necessary, Immediately remove all objectionable materials spilled, washed,or tracked onto public roadways. References Runoff Conveyance Measures 6.30,Grass lined Channels Sediment Traps and Barriers 6.60,Temporary Sediment Trap q 6.0fi 2 III III cow Wps Uetalls - I .e _ - OA` I f x U � • I I ,I f Yam: jr. , uk v�l 1 p01 ��rr(� � �� ( a f�ra)Can��oaa�.) 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I h mk, Mwvl CAn Ro1dFn -k/ each AQ THE FELDSPAR Check No. Woe vendor vendor No. CORPORATION 9700014297 01I29I2013 Sluleof Nona Caroline K10283 Spruce Pine NC Invoice Invoice Gross Diacoum Net Number Due Voucher Number Desctitniott Amount Amount Amount CKR0124113D 01242001 201300191 100.00 0.00 10000 MAY 02 2013 TOTAL 100,00 0.00 10000 ' UU V vlv(Its The Quartz Corp., USA 8342 South 226 BypassCA P.O. Box 309 THE QUART Z T11 Spruce Pine, NC 28777 CORP T. 828.765,9621 F: 828.765.6304 �J April 29, 2013 NCDENR Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 EXPRESS MAIL RE: Mining Permits—Corporation Name Change •;,,, ; Mitchell County Frenr.h RrOad River Racin Dear Sir or Madam, The K-T Feldspar Corpvration d The X UspLll CVrp V1C[l'1V 11 YY ere JU VJ Ju14l� l V111V1 A11V11Jlion, Vof 1 The Quartz Corp., USA. For business reasons, we have merged The K-T Feldspar Corporation, The Quartz Corp., USA and The Feldspar Corporation into a single entity. Supporting documentation is attached. We are requesting an ownership name change to "The Quartz Corp., USA" for the following active mining permits: 61-01, Chalk Mountain Mine, Mitchell County, French Broad River Basin 61-02, Sullins-Wiseman Mine, Mitchell County, French Broad River Basin 61-06, Pine Mountain Mine, Mitchell County, French Broad River Basin 61-16, Altapass Mine, Mitchell County, French Broad River Basin 61-17, Pete Lawson Mine, Mitchell County, French Broad River Basin 61-18, Beaver Creek Mine, Mitchell County, French Broad River Basin We are requesting that the existing bond for the K-T Feldspar Corporation (Bond No. 81924857) be used to cover all the mines listed and the bond for The Feldspar Corporation be released from further obligation upon completion of the name change. We have included the RIDER to the existing bond for K-T Feldspar, Bond No. 81924857 and a power of attorney. The Quartz Corp., USA accepts any and all responsibilities and liabilities with respect to the Mining Act of 1971. No changes are being made to the existing permitted areas so we are not requesting any permit modifications with this submittal. We will submit updated mine maps upon request. The Quartz Corp., USA 8342 South 225 Bypa55 P.O. Box 309 THE , .k QUARTZ ' Spruce Pine, NC 28TT2 CORP T: 828.765,9621 Ft 828.765.6304 ja We have included the following paperwork for each mine permit: 1. Pages 1-3 of the mining permit application form. 2. Page 14 of the mining permit application form. (Security Bond Calculation Worksheet) 3. A non-refundable $100.00 processing fee. 4. Land Entry AgreementsLease Please call ye Dortch at 828-765-8956 or email PelTc,r.dortch4�&Ll)equavlzcoru corn with any questions requests for additional information. Regards') c �GrWory I'averas Operations Director, Spruce Pine The Quartz Corp., USA Attachments (3):Articles of Merger—The Feldspar Corporation, K-T Feldspar Corporation, The Quartz Corp., USA cc: Peggy Dortch, Environmental Manager Todd Mickleborough, Lands & Mines Manager Michael Ertischek, Controller 2It, q , , Ullod 6d APPLICATION FOR A MINING PERMIT wV� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT t1a,Y 02 2013 (PLEASE PRINT OR TYPE) LAND QUALIFY MINING PROCRAhl I. Name of Mine ACfAPASS MINE County MITCHELL River Basin FRENCI I BROAD Latitude (decimal degrees to four places) 35.904444 N Longitude (decimal degrees to four places) 82.063056 W 2. Name of Applicant* TI-IE QUARTZ CORP. USA 3. Permanent address lot receipt of official mail** P.O. BOX 309 SPRUCE PINE NC 28777 'telephone (828 ) 765-9621 X 7012 Alternate No. (828 ) 765-8956 4. Mine Office Address 530 AhrAPASS li WY SPRUCE PINE NC 28777 Telephone (828) 467-6673 5. Mine Manager S. TODD MICKLEBOROUGhI We hereby certify t all ils contained in this Permit Application are true and correct to the best of our knowledge. We f u stand that any willful misrepresentation of facts will be cause for permit revocation. ***Signat c Date `f-2`4 — 20 L? Print Name GREGORY TAVERAS Title OPERATIONS DIRECTOR * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** 'the Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature ofcomoany officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt ofa complete application or, if a public hearing is held, within 30 days following the hearing and the filing off any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ if this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL ofa mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ❑ [I'this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: "Dotal permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary'? Yes ❑ No El. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. ofthis application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit,will any portion ofthis acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation'? Yes ❑ No ❑ (If no, a "minor modification" Q'1 nn nn :,, -,,,J a,.,....:.� ♦L.,. �t....,J:.....»4 ed" — L- -A-J-X fir. ....,,_ .�..,. rsc �r prvv.vv rs required, deaprre uie uirUl L U�d uvrcabc ru uc auucd). ri yc), iiiui;dLL; uk: acreage to be affected within the acreage to be added to the permit(the total acreage to he added to the permit is the acreage that the "major modification" fee will be based upon): X If this is an application for TRANSFER ofa mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 61-16 Total permitted acreage: 109.4 SEETHE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRF.,SPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: ALASKITE (feldspar. quartz. mica) 3. Mining method: ❑ Hydraulic Dredge X Front-end Loader& "Truck X Shovel & Truck Dragline & 'Truck ❑ Self-loading Scraper Other (explain): 4. a. ]sxpected maximum depth of mine (feet) 2439 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) mean sea level b. Expected average depth of mine (feet) 2479 -2 - APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes X No ❑ If yes, when and by whom was this activity conducted? 1948 to present Feldspar Corporation 6. Number of years for which the permit is requested (10 years maximum): 10 13. MAPS 1. Clearly mark and label the location of your mining operation on six (6)copies of 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5'� Floor Raleigh; North Carolina 27699-1612 Raleigh, North Carolina 21604 (919) 733-2423 http://portal.nedeiir.or�;/web/lr/�,yeolo lid, cal_home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation —Geographic Information Systems (GIS) Mailing; Address: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandberg Court Raleigh, North Carolina 27699-1587 Raleigh; North Carolina 27610 (919) 212-6000 http:I/kvww.iicdot.or,,�lit/,,is/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate) acreage. As a reminder, minim; permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be ofa scale suffficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. C. Initial and ultimate limits of clearinw and vradinLl_ d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. 1, i .0 ,.F„n .-1.....a„ 'processing .al.�....,. _ L,. .}.,.,,... 6,.,1 I,.,.,.t:,..,. and u. Location I— ailu acreage vi au processing plants/processing E�lauw ina`y be described aS to local.lon and distance from mine iffsufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of'planned and existing on-site buildings. m. Location and dimensions of'all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of'owners of record,both public and private,ofall tracts ofland that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of' the mining permit boundary, must be provided on the mine map. -3 - ArrL,ILA I Il1N FVI( A IV[[IN JIN" YEKIVI IT E. DETERMINATION OF AFFECTED ACREACE AND BOND 'PL.. f..11—...:.... L.....11.1.1....1...:.... .......1...L...., :- .— L. .......1... .......LL..L .... .............d_... L....J lL.......1 .._.... ...._._.... nop.u....eeg oum,,.,eeureu„"'I ""1,...r,noe e.e ,u ue a ,uppe up..um „uo,.e pivan, rrpnin e.,megu of S500 to 55,000 per affected acre) for each permaied mine .tile based upon the trcreage approved ht: the Deparinvew to he a fecled during the life of the mining permit. Please insert the apnroximaia ocreare far each ae'peC100he minin nneralian. that vuu imend to affect dnrinUhe life r fthi'minin¢nermit pn addition. please insert the al yropriale reclumation cosi/acre for each calegm'L+from the .Schedule of Reclamation Cools ➢royided Nita Ims aDaiic(iiun iarm)OR von c'an deler to the Uepurnnem to cab male Pour hamf iOr polr nasc< uaon your mans and siandm'd rec'lamertion casts: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST failings/Sediment Ponds: 0 . 06 Ac. X $ 1500 Me = $ 90 . 00 Stockpiles: 1 . 9 Ac. X $ 1800 /Ac. _ $ 3 , 420 . 00 Wastepiles: 0 Ac. X $ 2000 /Ae = $ 0 Processing Arca/Haul Roads: 12 . 58 Ac. X $ 2000 /Ac = $ 25, 160 . 00 Mine Fxcavation: 2 .45 Ac. X $ 2500 /Ac. = $ 6 , 125 . 00 Other: 68 . 13 Ac. X $ 2500 /Ac = $ 170 , 325 . 00 TOTAL AFFECTED AC.: 85 . 12 Ac (TOTAL PERMITTED AC.: 109 . 04 Ac.) 'I'cmpoivry & Permanent Sedimentation X Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) aflccted acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent ofl'sile sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 0 Ac. b) Positive Drainage 85 . 12 Ac. X $1,500.00 = $ 127 , 680 . 00 SUBTOTAL COST: S 332 , 800 . 00 Inflation Factor: 0.02 X SUBTOTAL COST: $ 6 , 656 . 00 X Permit Life (I to 10 years): 10 INFLATION COST: $ 66, 560 . 00 TOTAL COST = SU BTOTAL COST+ INFLATION COST = $ 399 , 360 . 00 Total Reclamation Band Cast: S 399, 300 . e0 (round down to the nearest$1110.00) MINE 61-16 - IS _ APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT ssr_ I__.__1___grant ._, ._ �I__. Tl...___a____._. _._:.._appointed __"_-"_____.._.:_.__..1_._ _.:._1_. _.0_.-'.__. .d._.._.�1 w..__ ...].. w e nereUy grant to ule I)charllijent or us appointed Ict�lcscnlau vcs uic I Iglu ul cnuy ailu uavci UPU11 uui iaiius or operation during regular business hours for the purpose of making necessary Feld inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: Signature: Print Narne: GRI-GORY TAVERAS Print Name: GRI---GORY TAVLRAS ("Title, inapplicable) Company THE IE QUARTZ CORP., USA Title: Oil 7RATIONS MANAGI It (If applicable) Address: P.O. BOX 309 Company: THE QUARTZ CORP.. USA f113T T 7r1 t,- n1X TI- ATr1 n!1"T^ n'1nn Mine Name: ALTAPASS MINE Telephone: (828 ) 765-9621 EXT 7012 Telephone: (828) 765-9621 LX"T 7012 Date Signed: Date Signed: of 3 *Signature must be the same as the individual who signed Page I of this application. One original and five (5) copies of the completed application, six (6) copies of all location maps, mine maps and reclamation maps,and the appropriate processing fee(see next page for fee schedule)in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. - IR - CCHUBB GROUP OF INSURANCE COMPANIES GMIJBB 15 Mountain Vlew Road. PC. Bo. 1615, wa,ree New Jersey D9061.1615 FEDERAL INSURANCE COMPANY RIDER M be attached he and form a pare of Bond No.81924857 wherein K-T FELDSPAR CORPORATION is named es Principal and FEDERAL INSURANCE COMPANY AS SURETY, in favor of .STATE n he moNORTH nd of 500,000,00 O effective 3/11/2004 IT IS HEREBY STIPULATED AND AGREED THAT said bond is hereby emended as lollows: The name of the principal in said bond is changed Item K-T FELDSPAR CORPORATION TO THE QUARTZ CORP USA and that the Principal hereby binds Itself, Its successore and assigns, as Principal and FEDERAL-IN- SURANCE COMPANY hereby binds itself, its successors and assigns, as Surety, In accerdance'whh --- the terms, provisions and conditions of said bond as so amended. - IN WITNESS WHEREOF. the sold Principal end Surety have caused this Ridar to be duly signed e_nd:� - Moir respective seals W be hereunto affixed this 7th day of January, 2013 Accepted: TH UARTZ P USA By. BY FEDE AL IN$UflAN O APANY BY Debra A.Deming Atterney.in:F t - - F _. 111"'1 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant insurance Company 15 Mountain View Road Surety ATTORNEY Pacific indemnity Company Warren, NJ 07059 cwuee Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY,a New York corporation and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Vivian Corti, Debra A bemirr�Igg Sandra Diaz, Evangelina L. Dominick, Cynthia Farrell, Jessica lannotre, Annette Leusechner, Robert P. McDonough, Glenn Pelletie n Mekeeva re, Sonia Rogers, Valoe Spates and Summerfurd of New York, New York-------------------•----•-------•-------------_ each as their cad am IavAul Moment ii Fact W eseMa anbarsuch Rsigr m in Mir names aM to affix Mir Wryora seals he add deaverfor and and Mir talent as svey IMreon or androf bonds add radial and order w+ial aGipaWry In Me nalure IMreol dome tlwn bail bal given or emett4d In IN cores of buAMdN,atd any indicators ameMirg Or today the same,am cc pm to the nrdbwlion or afternoon of anyiormaneN rallied to in said bo,ds Or MAgamns. In WbMmk Where&,said FEDERAL INSURANCECOMPANY,VIGILLNTINMRANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each exewted and staged Them Presents am amand their comoum man m des 11th day of February, 2011. Kerurem e.wedldeL Ass" fa��Seare�� l omsJr. arcsPre9dySTATEOFNEWJERSEY7:;Y; � Cmtuya Somerset u, On this 11th day February, 2011 WOM MO.a Notary PudicOf New Janeµ gerebnalymlm Kertmm Q.Wendel 10 me Wvyxn to be Ametant Somabry,&FEDERAL W SURA'CE COMPANY.VIGILANT INSURANCE COMPANY,add PACIFIC INDEMNITY COMPANY,to Omdd Mes which executed the foregoing Power 01 Attorney. and the said Nemeth C. Wendel. being by mat it* smm, did da of and say chat he is Postalanl Mdm%Ry a FEDERAL INSURANCE COMPANY, VIOIUNT INSURANCE COMPANY,and PACIFIC W DF"WMPANY add Frogs the moderate seals[hared, Met IM1e leads aH'ued N me bregmre Power d AMmay are such mrm ate seep aM cam thereto affil by eommry a Na By-Lawn of said Comoo skald and teal he signed vW Power of Ammyr as Assistant Saims aryN sad r_nrmerue tw like aW any and trial has is chambers!MN nand a Rome Jr.,add knows had to be Vice President of cold Companies;and that the slBnawra of David B.Hi m$ Jr.,Sul 4b,ed to 5M Player OI MOm IS m IRA genuine hanWMirg Of Cover a Hard$.Jr.,and was Ihemto mbacdbed by wAm Of said By, Lava and In dap erfort a gasonce. rvladal Seel (44��V50�4 '�EKATHEWNE I.ADELW yNOTARY PUBLIC OF NEW JFkSF1 No.231666.5 Notary Public CERTIFICATION Edretl 1mm the By-Lawsal FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNRV COMPANY'. All powers OI attorney errand on offset Of he Company MY aM Shall W Wedged In the name and an Lellalf d the Comearry,altwt by NB CNimlan Or IN ProsiMnt or e.Vice PmadeN or an Amsted Vale Pratlbonl,jointly som IRA Secretary or an Ardidend Secdete ry. Model Neer sues ctim dea"tionS. The segreLa of wcn.oacus may N snJnsvad,Pnnkd or lithyraPhed The elemental OI each of to ladowi g o fbers'.Chairman,Prossom,any Vice PreSldant any Ac aMnt Yce PneidnN,any SacMi arty AstiGant Secretary and IM1e seal of the Company may Me affi ed by federal W any Power of atWrtgy or W any ceMllcate rel6llydg lNmo expeolmenp AselNant andmidrgs Or Alpmi In-Fact far puPaSea Ody OI wassu it And ishadin g bonds add unmentioned And liar method coeval in the nawre thereof,am Any sash paver of allamay or moifi ate Noting such fi cal sgnaase or Trademark seal an of be slid and OiMin g upm IN COMMdy and any Tisch Power se Atha add central try such IxsimXe anowre and final wet shall N velN am binding µcan tM Conmany with remest to any bond or underakrlg w which It To enamel.^ I,KenreN C.Wendel,Astir Secrebry 0 FEDERAL NSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the YAmpancei M narrow Haney that in IN fanda lB ealraa Of And By Laws of the Commandos hue and cored. (1i) the External are duty Accused and mOM�d to Iranaed luny braimss in all W OI the United Sates of Amanda am the Dull of Columba and are aultroult Who U S.Tommy Donaldson;fuNcq Bidder and Vgiiont are licensed in Puerto Rim and the U.S.Viryin Islands and Famet is licensed in American Samoa,Ouam,eM each at M Prwincm&Carude except Prime Edward l arW:and ni0 the bregai.ug Pat of Aromey it man.mdmet end In or may;am axed. GNed undor.myrand One deals&Saed Commdesat Warmn,NJ this '� my of as E 66 nomad C.Wendel.Assistant 5ecrelay IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Tale regime(906)903-3403 Fax(908)903-3656 e-mail: arregity0chutab.com Form 15-%0 Orill U (Ed, 5-03) CONSENT I F'cDERAL INSIiRANCE COMPANY I STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis I DECEMBER 31,2011 [in thousands of dollars) LIABILITIES I AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investmaa................ $ 151,942 Uutstanding Losses and Loss Expenses.... $ 12,300.432 United States Government,State and Unearned Premiums.......... _ _......__ ___. 3,395.082 Municipal Bonds......................................... 10,312,572 Ceded Reinsurance Premiums Payable....... 320,332 Other Bonds.................................................. 4.146,378 Provision for Reinsurance ____..........____. 80,930 Stocks...__.................................................... 779,367 Other Llabillties......_..........___.. ...........__.. 922,290 Other Invested Assets-.......................I......... 1,924,895 TOTAL INVESTMENTS............................... 17.315,154 TOTAL LIABILITIES...__..........._____....... 17,D19,066 Investments in Affiliates: Special Surplus Funds......_._._.............._... 222,802 Chubb Investment Holdings, Inc................ 3,212,072 Capital Stock_._.__. ......._.__..............._... 20.980 Pacific Indemnity Company........................ 2,440,763 Paid-In Surplus...__...____.._.____.._......._. 3.106.808 Chubb Insurance Investment Holdings Ltd.... 1,237,556 Unassigned Funds_.. ......__...__............_... 10.356,926 Executive Risk Indemnity Inc..................... 1,076,901 CC Canada Holdings Ltd...._..............__.... 747,660 Great Northern Insurance Company.__.... 436,665 SURPLUS TO POLICYHOLDERS........ ..... 13,707,546 Chubb Insurance Company of Australia Limited 404,315 Chubb European Investment Holdings SEE.. 251,756 Vigilant Insurance Company 233,604 Other Affiliates.._........................................ 409,535 Premiums Receivable ....._.................._.._.... 1,470,010 Other Assets................... .........................,,.. 1,490.621 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS_._._..................... $ 30,726,612 TOTAL ADMITTED ASSETS..................... $ 30,726,612 Investments are valued in accordance with regulroments of the National Association of Insurance Commissioners. Investments with a carrying value of$431,309,571 are deposited with government authorities as required by law. State.County&City of New York, — as: ' Yvonne Baker, Assistant Secretary of the Federal Insurance CompScy- being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31.2011 is time and correct and is a true abstract of the Annual Statement of said Company as flied with the Secretary of the Treasury of the United States for the 12 months ending December 31,2011. Subscribed and sworn to before me this Match 33/11.2012 ,I04o ,3p�_Ly� DOROTHYM_BAKER Assistant Secretary rCXo Nr^J'J Notary Public.Slate of New'York Notary Public No.31-4904994 Qualified in New York County Commission Expires Sept. 14,2013 Cmm r590-0L31 Niz Delaware PAGE I Nam The First State 1, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF OWNERSHIP, WHICH MERGES: "THE QUARTS CORP USA", A DELAWARE CORPORATION, WITH AND INTO "K-T FELDSPAR CORPORATION" UNDER THE NAME OF "THE QUARTZ CORP USA", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NORTH CAROLINA, AS RECEIVED AND FILED IN THIS OFFICE THE THIRTEENTH DAY OF DECEMBER, A_ D. 2012, AT 2:29 O'CLOCK P.M. AND I .O HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF OWNERSHIP IS THE THIRTY-FIRST DAY OF DECEMBER, A.D. 2012, AT 12 :59 O 'CLOCK P.M. A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS_ h 9 Jcffoy W.Bullock 5"Mtnry of Stete 5RB8403 8100M W-i 'q AUTHSN TZON: 0070781 Yl1` E 121336425 OLnwPA� DATE: 12-14-I2 You may n ify this ert Tit line at eery.dslaxaee.gev/euNvue.aAtml State of Delaware .7cc.irstZ cii Sc`a Division Corporations Delivered 00 PM 12/13/2012 FILED 02:29 PM 1211312012 SRV 121336425 - 4908914 FILE CERTIFICATE OF OWNERSHIP AND MERGER MERGING THE QUARTZ CORP USA (Parent Corporation) WITH AND INTO K-T FELDSPAR CORPORATION (Subsidiary Corporation) The Quartz Corp USA, a corporation organized and existing under the laws of the State of Delaware ("Parent Corporation"), Does hereby certify: FIRST: That Parent Corporation was incorporated on February 1, 2011 pursuant to the Delaware General Corporation Law, SECOND: That Parent Corporation owns all of the issued and outstanding shares of the capital stock of K-T Feldspar Corporation, a corporation organized and existing under the Iaws of the State of North Carolina (the "Subsidiary Corporation" or the "Surviving Corporation'. THIRD: That Parent Corporation, by the following resolutions of its Board of Directors, duly adopted on December 13, 2012, determined to merge itself with and into the Subsidiary Corporation(the"Merger"). NOW, THEREFORE, BE 1T RESOLVED, that the Board of Directors of Parent Corporation authorizes and approves the Merger and approves and adopts the Agreement and Plan of Merger in substantially the form provided to the Board of Directors and authorizes any officer of Parent Corporation to execute and deliver the Agreement and Plan of Merger on behalf of Parent Corporation substantially in such form, together with any changes thereto which any such officer, in such officer's sole discretion, deems necessary or appropriate and in the best interests of Parent Corporation (any such officer's execution thereof containing any such changes being deemed to evidence conclusively such officer's decision that such changes are in the best interests of Parent Corporation); FURTHER RESOLVED, that each share of the capital stock of Parent Corporation that was issued and outstanding immediately prior to the Merger shall, by virtue of the Merger and without any action on the part of the holder thereof, be converted into one fully paid and non- assessable share of the capital stock of the Surviving Corporation; and the officers of the Surviving Corporation shall issue a certificate evidencing ownership of such shares of the Subsidiary Corporation's capital stock to the sole stockholder of Parent Corporation, upon the surrender by the sole LEGAL02l33497306v3 stockholder of all of its stock certificates evidencing ownership of its shares of Parent Corporation's capital stock; FURTHER RESOLVED, that the Board of Directors recommends approval of the Agreement and Plan of Merger to the sole stockholder of Parent Corporation and authorizes and directs the officers of Parent Corporation to submit the Agreement and Plan of Merger to the sole stockholder for its consideration and approval; FURTHER RESOLVED,that the Merger shall become effective at 11:59 p.m. local time on December 31, 2012 (the "Effective Time"); provided, however, that the Merger may be amended or terminated and abandoned by the Board of Directors of Parent Corporation at any time prior to the Effective Time; FURTHER RESOLVED, that the Articles of Incorporation of the Surviving Corporation shall be amended at the Effective Time to change the name of the Surviving Corporation to "The Quartz Corp USA"; and FURTHER RESOLVED, that the officers of Parent Corporation are authorized and directed to execute and deliver the documents and certificates that are required or permitted under the applicable provisions of the Delaware General Corporation Law and the North Carolina Business Corporation Act to effect the Merger. FOURTH: That the Merger was approved by written consent of the sole stockholder of Parent Corporation on December 13, 2012 in accordance with Sections 228 and 253(a)of the Delaware General Corporation Law. FIFTH: The Subsidiary Corporation agrees that it may be served with process in the State of Delaware in any proceeding for enforcement of any obligation of any constituent corporation of the State of Delaware, as well as for enforcement of any obligation of the Surviving Corporation arising from the Merger, including any suit or other proceeding to enforce the right of any stockholders as determined in appraisal proceedings pursuant to Section 262 of the Delaware General Corporation Law, and shall irrevocably appoint the Secretary of State as it agent to accept service of process in any suit or other proceedings, a copy of which shall be mailed by the Secretary of State to the Subsidiary Corporation's principal office address which is 100 Mansell Court East, Suite 300, Roswell,Georgia 30076. SIXTH: This Certificate of Ownership and Merger and the Merger contemplated hereby shall become effective at 11:59 p.m. local time on December 31, 2012; provided, however, that the Merger may be amended or terminated and abandoned by the Board of Directors of Parent Corporation at any time prior to the time that this Certificate of Ownership and Merger filed with the Secretary of State becomes effective. [Signature on following page] - 2 - LEGAL02/334973080 IN WITNESS WHEREOF, The Quartz Corp USA has caused this Certificate of Ownership and Merger to be executed by a duly authorized officer this 13th day of December , 2012. THE QUAR'CZ CORP USA By: usan B. Radcliffe Vice President, Deputy General Counsel —Americas and Secretary - 3 - LEGAIA?/33497108v3 uI �"� � NORTH CAROLINA t Department of The Secretary of State To all whom these presents shall come, Greetings: Sectetatyof State of the-Statc ofldorthtuolhia do hereby certify the following and hereto attached to be a trae copy of ARTICLES OF MERGER OF THE QUARTZ CORP USA INTO: .. _. K-T FELDSPAR CORPORATION WHICH CHANGED ITS NAME TO THE QUARTZ CORP USA . the original of which was filed in this office on the 13th day of December, 2012. IN WITNESS WHEREOF, I have hereonto set my hand and affixed my official seal at the City of Raleigh, this 132th daayyy of December, 2012 a Secretary of State oocumemia: cuawaaesasea I . ' SOSID:0073741 Date Feed: 12/1312012 4:45:00 PM Effective: 12/31/2012 Elaine F.Marshall North Carolina Secretary at State C201234802199 ARTICLES OF MERGER OF THE QUARTZ CORP USA (Parent Corporation) WITH AND INTO K-T FELDSPAR CORPORATION (Subsidiary Corporation) ursuant to section of the North Carolina Business Corporation Act, K-T Feldspar Corporation, a North Carolina corporation, as the surviving corporation, hereby submits the following Articles of Merger, 1. The name of the merging corporation is The Quartz Corp USA, a corporation organized under the laws of the State of Delaware. 2. The name of the surviving corporation is K-T Feldspar Corporation, a corporation organized under the laws of the State of North Carolim 3, An Agreement and Plan of Merger has ben approved by each merging corporation in the manner required by law. 4. The Agreamnt and Plan of Merger provides that the surviving corporation will amend its Articles of Incorporation to change the name of the surviving corporation to"The Quartz Corp USA." 5. These Articles of Merger and the merger contemplated hereby shall be effective at 11:59 Pm.local time on December 31,2012. [Signalure on following page] t.nc.u.a2naasnae✓i . IN WITNESS WHEREOF, K-T Feldspar Corporation has caused this Certificate of Merger to be "muted by a duty authorized officer this 11 day of December , 2012, K-T FELDSPAR CORPORATION Ey: C��- n9en 8. Radcliffe — PresidenY])eputy-Ocnaal�atD�el -Americas and Secretary -2 • LECAL09/334973080 . e NORTH CAROLINA . ' Department of The Secretary of State To all whom these presents shall come, Greetings: ARSUALL3Secretary-oblate_offte-StaWof-North-Carolina, de hereby certify the following and hereto attached to be a true copy of ARTICLES OF MERGER OF THE FELDSPAR CORPORATION INTO K-T FELDSPAR CORPORATION the original of which was filed in this office on the 13th day of December, 2012. pfPARla� � IN WITNESS WHEREOF, I have hereunto t3 y� set my hand and affixed my official seal at the ',Y•< ;, - City of Raleigh, this 13th day of December, 2012 Secretary of State oocwnenttd: 0201234ee21ee C201234802198 J SOSID:0073741 ` Date Filed: 12/13i2012 4:39.00 PM Effective: 12/31/2012 Elaine F.Marshall North Carolina Secretary of State C201234802198 ARTICLES OF MERGER OF THE FELDSPAR CORPORATION (a North Carolina corporation) WITH AND INTO K-T FELDSPAR CORPORATION (a North Carolina corporation) Pursuant to Section 55-11-05 of the North Carolina Business Corporation Act, K-T Feldspar Corporation, a North Carolina corporation, as the surviving corporation, hereby submits the following Articles of Merger. 1. The name of the merging corporation is The Feldspar Corporation, a corporation organized under the laws of the State of North Carolina. 2. The name of the surviving corporation is K-T Feldspar Corporation,a corporation organized under the laws of the State of North Carolina. 3, An Agreement and Plan of Merger has been approved by each merging corporation in the manner required by law. 4. These Articles of Merger and the merger contemplated hereby shall be effective at 11:59 p.m. local time on December 31,2012. [Signature on following page] LEEOAL.021334955170 C201234802198 IN WITNESS WHEREOF, K•T Feldspar Corporation has caused this Certificate of Merger to be executed by a duly authorized officer this 11th day of December 2012. K-T FELDSPAR CORPORATION By; titan-B.@ndcliff. Vise president,Deputy General Counsel —Americas and Secretary -2- Lacncmnaanssum THE 10QUARTZ CORP The Quartz Corp USA North Carolina Operations DELEGATION OF AUTHORITY J.ANUARY r, znla Signature Authorimion for National I'ollution Dischamge Elimination System (NI'DI S) Discharge Monitoring kepens (DMRs), Pemrit Applicmiuns and related documents; tbrull Mine permit applications Laid related documents and :ill other permits and licenses associated with the Spruce pine Operations of The Qwmr Comp USA. Whereas our WMS permits. Air Qmdity Pemtits, Radinactive Materials Licenses and our Land Qualitn• porml requirements have become more invulved, and n)better manage these requin n etim ;u of the signs u v date below, the (allowing employees, oremnplovecs who may sub5etlucntly hold the same position. arc authorized agents of the aincipk executive nl9icel to sign the NPDBS and I and Quality mine permit mcnewul. new and mnodilication applications :old related documents. Employees regismreJ ae the Operaurt licspnnsihle iu Charge(OILC)pursuant h,North Carolina Smm ReguWtinns (15A N(;AC 8g) are specifically authorired by rule to sign NPDES Dischargc Monitoring Reports LUMI<s). 'Phis delegation ut'nuthority applies to The Q r CorpUSA mining and processing onerations in and i clated t the State of North Ca rulimr. Permit Authnril- O P.crntnr lica umsiblc in Char a lUl2C luthonfv t ___I Gregory Tavcras 6Adic Duncan U.S. o avatiwer Die uclor ORC fn Permit 0.Art 0004011 S. 'I'odd Micklebanmgh Coug Spat its Londe (Q d4Ltca rblanage) _ lJnckn r of Perurrl l.vV wwm-lbn �_ .�__� foggy A. Drntch 'I'imorh)• Calloway hn ntn l Muuubrc;r -- - P 111 ai d 4 OOlH i3 C loon Young Joseph 041111,111 ll 1 Wrua .vr. Pntc Nrrr. Operaline,r Ilacktf UR(_ fry P 'i f 5(=1111U0 i lem'r pm'OSSCI' -- ' r p .I/�uv,v fmruriuun unr� u vu er, Ryan Frcdeall Main I .Stttm�. Alegyniss ppar'crtiu'tn .Iced Stoll � 4(eul1h R- .tirli•m N7mmgert R,5Y7 Arnhnrlrr e : , j o lki Vk1lif ke , r hive Olticer Date File 06aftz Nriufess Da c . ..- North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section E INSP CTIM PORT (PERMITTED 1. MINE NAME ANIPAIF� �'yt.c MINE)2 NM41NG PERMIT # C� - 3. OPERATOR _R-J W Ar an v f Og(A al h t-\ 4. COUNTY M, r.►,.t ►t 5. ADDRESS K) V{ A "',LAY (A bt t NZ 1L L"I 2 6. PERMIT EXPIRATION DATE d 1 � ) f�- 7. RIVER BASIN F r,C� P,1,02�e I 8. Person(s) contacted at site NXAie OoV h h 9. Was mine operating at time of'inspection? El Yes ,0 No 10. Pictures? ❑ Yes 0 No 11. Date last inspected: O`I 1 cn I JU 12. Any mining since last inspection? ❑ Yes:r Ej No 13. Is the mine in compliance with the Operating Conditions of the Permit? p Yes a�❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: O/A 15. Did any of the above deficiencies result in offsite damage? ❑ Yes D/No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: (001•n y-P hu h4 a wn to i m fir y nn 4,e 1in.,4 weak .- ✓ 18. Is the Annual Reclamation Report +/-map accurate? O Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes O'No Proposed date 1 I 20. No. of additional pages of Inspection Report k . 21. Copy of Report sent to operator 1 I ?.a I J o ( date) INSPECTED BY: q61 1 - G��f U ��f -�' - DATE -'/ 1 1/ ?O Telephone No: 4.X 7A 1, 0 U White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 REcE--ty ¢"��-._. Jdu 20 rs ern NCDENR \ North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James C. S;mons, PG. PE 3everly Eaves Perdue, Goverrcr Director arc Stale Geologist Cee Freeman, Secrelar4 March 30, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED BOND CANCELLATION & FORFEITURE NOTICE 7001 0360 0000 5313 6388 7001 0360 0000 5313 6371 Mr. Gregori Taveras Ms. Pamela T. Crenshaw The Feldscar Corporation Suntrust Bank — Standby Letter of Credit Dect, P O Box 9g 25 Park Place. 1 6„ Floor, MC 3706 Spruce Pine. North Carolina 28777 Atlanta, Georgia 30303 RE: Chalk Mountain Mine, Wiseman-Sullins Mine, Altapass Mire. Pete Lawson Mine. Beaver Creek Mine Permit Nos. 61-01 , 61-02, 61-16. 51-17, 61-18 Mitchell County French Broad River Basin Dear Mr. Taverns and Ms. Crenshaw: This office has received notification of SunTrust Bank's intent to cancel The Feldscar Corporations $500,000.00 mine reclamation bond (Irrevocable Standby Letter of Credit No F850951). The effective date for the cancellation is May 31, 2010. Please note that if the bond is not reinstated or replaced by May 1, 2010, the non-expired mining permits will be automatically revoked (G.S. 7450(c)). Thus, all mining activities must cease and the entire mine sites must be completely reclaimed. Should any further mining activities occur at the sites after this date, such activities will be considered mining without a permit and subject to further enforcement action. such as civil penalties and injunctive relief. As a surety is required to maintain the validity of the mining permits and until final reclamation of the site has been completed, please arrange to substitute this band. I am enclosing another surety form, an assignment of savings account form and an irrevocable standby letter of credit form, any of which may be used to replace the existing surety. 161_ '.lail Service Center, Raleigh,North Carclina 27699-1612 • Telephone 91%7_9--5741 FAX:919-733-2A76 512 North Sa:=_bury Street, Raleigh. North Carolina. 27604 -Inlernel:hdpalwwwd1rarr,a;=_;a t..slpages/landoualitysection h'r An Equal Opponumly I Allirmalive ='i on Employer-50%Recycled I On n s -:,rsumer Paper CERTIFIED MAIL Mr. Taveras and Ms. Crenshaw Page 2 Please be advised that this reclamation bond must remain in full force and effect until it is reinstated or replaced, or the sites are completely reclaimed and deemed releaseable by the Department. A review of our records indicates that three of the mining permits (Mining Permit Nos. 61-01 , 61-02, and 61-16) for the above referenced mine sites are non-expired and, therefore, a valid mine reclamation bond is still required until all outstanding reclamation obligations have been met at the sites. Mine Permit No. 61-17, for Pete Lawson Mine, has expired but is in the renewal process. A letter requesting additional information was sent by this office on July 16, 2009. If you wish to proceed with the renewal of this permit, please submit the additional information requested as soon as possible. Furthermore, Mine Permit No. 61-18 for Beaver Creek Mine expired on November 23. 2009. Therefore, all mining activities must cease at Beaver Creek Mine and a valid..Mine reclamation bond must remain in effect until all outstanding reclamation obligations have been met at the site. If a substitute reclamation bond is not received by this office within this deadline, or if reclamation of the site has not commenced and is proceeding in a timely manner by this deadline, this matter will be referred to the Attorney General's Office for initiation of bond forfeiture proceedings under G.S. 74-56(d) to ensure proper reclamation of the mine sites. In addition, failure to address the terms of this Notice may result in the assessment of civil penalties andlor injunctive relief against the permittee. Please contact me at (919) 733-4574 as soon as possible to convey your intentions in this matter. Your cooperation will be greatly appreciated. Sincerely, Ashley L. Rofigers j Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms cc: Ms. Janet Boyer, PE Ms. Sueanna Sumpter, Esq., Attorney General's Office (ARO) Ms. Alison Howard, Attorney General's Office Ms. Kathy Cooper, Esq., Attorney General's Office North Carolina Department of Environment and Natural Resoulrces�E Division of Land Resources, Land Quality Section MINE INSPECTION REPORT AUI G 0b [ U 1� . (PERMITTED MINE) IU,. Ty 1.1. MINE NAME Fl ff Um,C ii-A, pie 2. MINING PERMIT 4 3. OPERATOR 4. COUNTY 4,t01P' me95. ADDRESS VU. s �)d ° ll 0(�F' f4 rV NG 6. PERMIT EXPIRATION DATE 2 1141� I I'q 7. RIVER BASIN S. Person(s) contacted at site Vj 01/ A1011 l'IaN✓-',6� 9. Was mine operating at time of inspection? ❑ Yes W No 10. Pictures? ❑ Yes -B No 11. Date last inspected: jA 12. Any mining since last inspection? ❑ Yes O No 13. Is the mine in compliance with the Operating Conditions of the Permit? �O Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: r1J !PI JQ i1^6 film 15. Did any of the above deficiencies result in offsitc damage? O Yes A•No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: Y('dj VFra S17JYM it Id If.V -011NI 4-?ie t4- ,.4 16 OW a< (t4ii <;vil - IiK{reli Alta 011 cq Af lu/,&sf alr-vpe; ctzeKa 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes R'No Proposed date 1 l7C/ ID 20. No. of additional pages of Inspection Report. 21. Copy of Report sent to operator 9 / it / u / (date) INSPECTED BY: 51 Y)awhP Nc(C�bF . .&'C l_ DATE q l Pk1"9 Telephone No: (�c K ) 10(a 1( DU White copy to file Yellow copy to operator Pink copy to Mining Specialise 10197 jSD ' •y. :.,m t T:z 1 ,.'., ,,: r. '. - . .vff , fP Air j6_ 1 i;i f l'e.�., r .G..I i I i I t 't a U 6 ... 1Ji rri cL -. .. .. ! . ... . �.. ✓�!• '. it .. . __ -- ____ .___.__-_ I. , I i .. . . ALA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley,Governor Director and State Geologist 'Klliam G. Ross Jr., Secretary August 27,,y2007 Mr. Dennis Dzvonik ham_ -�«� �J a":°p The Feldspar Corporation /,,1.LiL Z°�-A>� O)r 3- R-V 10M 6 . Division ofZemex Corporation g" g -p ? L_ r'���I G)r f j° P.O. Box 99 - Spruce Pine, North Carolina 228777 "iG�C.y .� RE: Mining Permit Nos. 61-02, 61-16, 61-17 and 61-18 Wiseman-Sullins Mine, Altapass Mine, Pete Lawson Mine and Beaver Creek Mine Mitchell County French Broad River Basins Dear Mr. Dzvonik: Your request to have the corporate name changed on the above referenced mining permits from Zemex Industrial Minerals to The Feldspar Corporation is hereby approved. As we have on file the required surety in an amount sufficient to cover these operations, I am enclosing new cover sheets for each updated mining permit. The permit number, expiration date and mine name shall remain the same as before this corporate name change. Please review the cover sheets carefully and notify this office of arty ubjecuUF1s, questions or corrections that may need to be addressed. Since we also received your request to leave the permittee for Mining Permit No. 61-01 , Chalk Mountain Mine, as The Feldspar Corporation, I have enclosed the $500,000-00 Irrevocable Standby Letter of Credit No. F845556 issued by SunTrust Bank for your disposal. Please be aware that Mining Permit No. 61-17 expires June 18, 2009 and Mining Permit No. 61-18 expires November 23, 2009. , In order to continue mining operations at these sites, renewal requests must be submitted prior to said expiration dates. 1612 Mail Service Center, Raleigh, North Carolina 27699.1612 • 919-733-4574 f FAX: 919-715-8801 512 North Salisbury Street Raleigh, North Carolina 27604 An Equal Copodunity IAffPmatlVe Anion EmPloyer-M!"Recycled I iO Post Consumer Facer Altapass Name Change Subject: Altapass Name Change From: Kristin Hicklin <Kristin.l-licklin a ncmail.net> Date: Thu, 31 May 2007 14:32:54 -0400 To: Judy Wehner <Judy.Wehner ci}ncmail.net> CC: Janet Boyer <Janet.Boyer@ncmai1.net> Judy: The name change from The I--cldspar Group to Zemex is fine with the ARO. If you need add'] comments, please let me know. ']'hanks. Kristin Hicklin - Krii i.r .Ii:i.r.:l,lin(�n mai.l.n3t: North Carolina Dept. of Environments-and Natural Resources Asheville Regional Office Division of Land Resources, Land Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel : 828-296-4500 Fax: 828-299-7043 Kristin Hicklin <Kristin.l-licklin a nctnail.net> Division of Land Resources, Land Quality Section NC DCNR - Asheville Regional Office I of 1 5/31/2007 3:15 PM MINING CHgqECKL15T FOR ROUTINGpp�� Applicant's Name: 4j)AIX.<)CaJle J� Project Name: &r< GASS ApplicJPermitNo.: bl_hCounty: Aiig4e# Date Received: n 3-h10-7 Reviewer. River Basin Name: 4,4 gjj 0 New ❑ Renewal edification (inside permit boundaries) ❑ Modification (outside permit boundaries) 0 Transfer ❑ Release o1f"arCialRelease O Additional Information ❑Fee Needed: $ �VFee Received: $ 6Uu4 PIPaseroute entire a pnliration page to: FJ9�q/I�Iri Regional Office (2 complctc copies; attach the 105 Regional Office Mining Application Review Checklist" to one copy and attach Izoth thee DWQ and DAQ "Mining Application Review Form" to the other copy; send both copies to t!??Pe0ional Engineer) Date: Routed o , Reed 0 Division of Water Resources Date: Routed I I Reed 0 NC Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish &Wildlife Service Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the ap_pliration and any location maps to ❑ Division of Parks & Recreation Date: Routed Rec'd 0 INC Geological 5urvey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) 11 Division of Arrhives $ Histnev Date- Rnuted Rer'd- (Only new applications) ❑Other Date: Routed Rec'd *`5uoPci15C Date for COPY meritei: 5 I IU (no later than 25 days from receipt) 1 (jplp�I ❑ Please note the following: 1 y1. JSrW'/Al 7n 117. .TALI/�l .�/iZGfr / I ' 1"TI.(N�9'�A, A.1X!/YSQJ 'YIAAr/�ILI OM�r.U/I/.I� �LY'I in lAn o • IND USTRIAL NINUALS May 5, 2007 NCDENR Land Quality Section Attn: Judy Weimer, Assistant Mining Specialist 1612 Mail Service Center Raleigh, NC 27699-1612 Subject: Mine Permit Name Change Request Altapass Mine, Permit No. 61-I6 Zemex Industrial Minerals Spruce Pine, Mitchell County Ms Weimer: A permit renewal for the above mine was recently approved by NCDENR under the name of The Feldspar Corporation. By this letter we request that the company name be changed from The Feldspar Corporation to Zemex Industrial Minerals. A check in the amount of$50.00, the first 3 pages of the permit application, and a land entry agreement are attached. 1 Ihnnlr mcn, in nd.rnnvP and P n hP rPn PhPd nt TP1Rnhnnn Mn 1 _RfA-rAA-7Cmn Respectfully submitted, &.a" 4V: , Dennis Dzvonik Corporate Director of Safety, Health & Environmental Cc: Jerry Prosser, Plant Manager, Spruce Pine Operations 1040 Crown Pointe PaM1way,Suile 2701 Atlanta, Georgia 303381phone:(770)392A6601 fax:(770)392.8670 A Wmenlos Pacasmayo Company o • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1 Name of Alone Altan2ss Wig ('nnnitr MilrhPll River Basin French Broad Latitude 82'-03' —47" Longitude 35'- 54'— 16" 2. Dame of Applicant* Zemex Industrial Minerals 3. Permanent address for receipt of official mail**P.O. Box 99 Spruce Pine North Carolina, 28777 Telephone 828-765-5500 4. Mine Office Address 530 Altapass Road, Spruce Pine,North Carolina 28777 Telephone 828-765-5500 5. Mine Manager Jerry Prosser _ We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date c)(5 oLF 07 Print Name_ � 16eh )tS 4 1 -jon, t rr I Title Pl r tf qe d1rQL7�r �� SIC{i� k�� `}� Et<1dtfDnY�1PIv� * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond securit that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. o • APPLICATION FOR A MINING PERMIT ■ NOTE: All of the fallowing questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1, a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is ]eased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall)acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the"renewal" fee will be based upon): C. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall)acreage covered by the existing permit: Mining Permit No.: 61-17 Total permitted acreage: 225.4 Does the modification involve acreage within the previously approved permitted boundary'? Yes No X If yes; indicate the acreage to be covered by this modification (this is the acreage a th't utie "a inawr modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary'? Yes No X If yes, indicate the additional acreage to be covered by this r�1odification (NO"I'E: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed)by the mining operation? Yes No X (if no, a "minor modification" fee of$50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE, REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Alaskite Granite (folds par, micaquartz&clay) 3. Mining method: I-lydraulic Dredge Front-end Loader&Truck X Shovel &Truck X Drogline&Truck Self-loading Scraper Other(explain) -1- APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine(feet) 2439 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Mean Sea Level b. Expected average depth of mine(feet) 2479 5. Has any area(s)at this site been mined in the past'? Yes X No If yes, when and by whom was this activity conducted? Pocket mined by locals for mica and feldspar in 1940's and 50's 6. Number of-Pars for svhleh the p P.r.—it is req--ted(]o ye.— ..axi niu.m iu�a B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. - 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 - County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919)733-7600 o • APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the adnvnistration of the Mining Act of 1971. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: 4 ;�� Signature; Signature: v Print Name: Dennis Dzvonik Print Name: Dennis Dzvonik Address: 1040 Crown Pointe Parkway Title: Corporate Dir. Of Safety, Health and Environment Atlanta, GA 30338 Company: Zemex Industrial Minerals Telephone: — 770-392-8660 Mine Name: Alta ass Mine *Signature musi be the same as the individual who signed Page 1 of this application. Six 6 copies of the completed application, six 6 co vies of all location maps, mine maps and reclamation maps, and the appropriate processing fee(see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed nn the front rover of this -nnliratinn fnr;Z;, Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. 61-02, 61-16, 61-17,61-18 comments ® O Subject: 61-02, 6I-16, 61-17, 61-18 comments From: Kristin Hicklin <Kristin.Hicklin@ncmai1.net> Date: Wed, 22 Aug 2007 17:29:59 -0400 Tn• Tiidv W eliner <hifly WPhnPrnnrmail nPt> 17611 RPrk --Rill RPt-kTtlnr•mail nPt- Judy: I talked with Bill Beck this morning and he told me that the referenced mines have no outstanding issues and the name change/modification is OK. If you need any add'I info, please call or write. In addition, Bill is sending the Cloverhill #14-08 inspection report to RCO with your name on it. Thanks, Kristin Kristin Hicklin - arise North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Land Resources, Land Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28776 Tel: 828-296-4500 Fax: 828-299-7043 Kristin Hicklin <Kristin.Hicklin nancmail.tiet> Division of Land Resources, Land Quality Section NC DENR - Asheville Regional Office of] 8/23/2007 9:42 AM MINING CHECKLI5T FOR ROUTING /� Applicant's Name: ` $JAPW&f) Project Name: P � '+n-v ApplicJPermit No.: is l- County: ! "' k�r�l Date Received: Reviewer: River Basin Name: 4'/1GYC�JIdldod v \� C New ❑ Renewal DModification (inside permit boundaries) ❑ Modification (outsicle permit boundaries) ❑Transfer ❑Release ❑ Partial Release ❑ Additional' Information ❑ Fee Needed: $ C�Fee Received: $ a Duo (JcW6 k-lt/�nA ) Please route entirr. <�pOration package to: �yv V-kh.P,JIII� Regional Office (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach bs the DWQ and DAQ "Mining Application Review Form" to the other copy: send both copies to the Regional Engineer) Date: Routed Reed ❑ Division of Water Resources Date: Routed Reed (INC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife 5ervice Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and any location maps to: ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological Survey 5ection Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) D Division of Archives & History Date: Routed Rec'd (Only new applications) ❑Other. Date: Routed Rec'd `5u5per15E Date for CotYlrrlerlt5: (no later than 25 days from receipt) i I 0 Please note the following: �o-v 1/6-6(V V4cTj 4,4t/, O O INDRSTRIAL MINERALS August 2, 2007 N!"DENR— Land Quality Section RECEIVE-. Attn: Ms. Judy Wehner, Assistant Mining Specialist AUG 03 20Gi 1612 Mail Service Center Raleigh, NC 27699-1612 LaVOOIJA� J_O''..: Subject: Mine permit Name Change Request Wiseman-Sullins Mine - Permit No. 61-02 Altapass Mine - Permit No. 61-16 Pete Lawson Mine — Permit No. 61-17 Beaver Creek Mine— Permit No. 61-18 The Feldspar Corporation Spruce Pine, Mitchell County Ms Wehner: Enclosed are the necessary completed application fors (Pages 1, 2, & 3) and applicable Page(s) 18 "Land Entry Agreement" for Transfer or mine permit name change requests from Zemex Industrial Minerals to The Feldspar Corporation for Permit Nos. 61-02, 61-16, 61-17, & 61-1 S. A 1�.. :....1..A..A ...e ....e tee, ..F....«:ems ruow •l.w, ...... cuw ow Se• om. epics. The Feldspar Corporation is a legal subsidiary of Zemex Corporation. Zemex Corporation also owns Zemex Industrial Minerals. SunTrust Bank retains a Letter of Credit (No. F847594) for $500,000 in the name of The Feldspar Corporation for reclamation purposes. Also enclosed are $250.00 in checks for the transfer fee for each. Another check for$150.00 is being sent aver-nigbt to your attention. On behalf The Feldspar Corporation, 1 would greatly appreciate quick transfer of the above. Thank you in advance. If questions, please contact me directly at 1-864-640-7900. Respectfully submitted, Dennis V 1 Corporate Director of Safety, Health & Environmental cc: Jerry Prosser of The Feldspar Corporation 1040 Crown Pointe Parkway,Suite 2701 Atlanta,Georgia 303381 phone:(770)392-86601 fax:(770)392-8670 A Gemen(os Pacesmayo Company The Feldspar Corporation) Spruce Pine, Mitchell Countyr NC Mine Permit No. 61-16 WEIVED NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AUG 0 3 2007 LAND QUALITY SECTION LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) I. Name of Mine .4ltapass Mine County Mitchell River Basin French Broad Latitude (dd.mm.ss) 35 - 54 '- 15" Longitude (dd.mm.ss) 82- 03' -45" 2. Name of Applicant* The Feldspar Commotion 3. Permanent address for receipt of official mail" P.O. Box 99, Spruce Pine,NC 28777 Telephone 828-765-5500 4, Mine Office Address 530 Altapass Road, Spruce Pine,NC 28777 Telephone 828-765-5500 5. Mine Manager Jerry Prosser We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. *"Signature � �itne.r--ti Date Print Name t/ Jerry Prosser Title Area Operations Manaeer " This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. The Land Quality Section most be notified of any changes in the permanent address or telephone number. Signature of company, officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permitwithin 60 days of receipt of a complete application or, if a public hewing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- 'ic;:u P , ;..crl .•%. n , + iii ' ,. . . . ,1 sY.pr..,. . r , n ;e,,:.l . . Ile ...,. AliF .. - 0 0 The Feldspar Corporation Spruce Pine, Mitchell County, NC Mine Permit No. 61-16 APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NEW permit,indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit,indicate the mining permit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: Total nf-rmitted nrrenue (thic is the nrrenae that the "renewnl" fRP will he hncpd ilnnn)- c_ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes No—. If yes, indicate the acreage to be covered by this modification(this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes No . If yes, indicate the additional acreage to be covered by this modification: (NOTE. you must complete all of Section F.of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed)by the mining operation? Yes No (if no,a"minor modification" fee of$50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall)acreage covered NY the existing permit: Mining Permit No.: 61-16 Total permitted acreage: 109.41 ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S)AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Alaskite Granite(Feldspar,_Mica, & Quartz) 3. Mining method: Hydraulic Dredge Front-end Loader& Truck X Shovel&Truck v n,n,.i;.,o Q, T.,.,.t, cozc i,,,�:.,, c„�,..o� n+Na, "explain) f� ✓ ugll ll� w iluVl\ vVll-lVu%AJL V�rape VLIleL "explai l� -2- O O ! �;,.:.. .. El rl' ... J'I• . , r 0 0 The Feldspar Corporation Spruce Pine, Mitchell County, NC Mane Permit No. 61-16 APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 2,439 _ Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Mean Sea Level b. Expected average depth of mine (feet) 2A79 5. Has any area(s)at this site been mined in the past? Yes X No If yes, when and by whom was this activity conducted? Mining by-The Feldspar Corporation beginning in_1948 to present. 6. Number of years for which the permit is requested (I 0 years maximum): N/A -3- 1 P 0 0 The Feldspar Corporation Spruce Pine, Mitchell County, NC Mine Permit No. 61-16 APPLICATION FOR A MINING PERMIT~ G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: Signature:* v W Print Name: . Jerry Prosser Print Name: Jerry Prosser Address: P.O. Box 99 Title: Area Operations Manager _ Spruce Pine,NC 28777 Company: The Feldspar Corporation Telephone: 828-765-5500 Mine Name: _ _Altapass Mine *Signature must be the same as the individual who signed Page 1 of this application. Six (6) copies of the completed application, six (6) copies of all location maps, mine maps and reclamation maps,and the appropriate processing fee(see next page for fee sche ule)in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574 . -18- Id31 J: :: ARA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary February 19, 2007 Mr. Tom Freeman The Feldspar Corporation PO Box 99 Spruce Pine, North Carolina 28777 RE: Permit No. 61-16 Altapass Mine Mitchell County French Broad River Basin Dear Mr. Freeman: Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to decrease the affected acreage at this to 16.99 acres as indicated on the Mine Map dated January 2, 2007, A copy of the renewed and modified permit is enclosed. The new expiration date is February 19, 2017. The conditions in the renewed and modified permit were based primarily upon the initial application. Modifications were made as indicated by the renewal and modification requests and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos.1 B, 2A, 3C, 4B, 4C, BA through J., 11B, and 12A through D and Reclamation Condition No. 3. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any aqency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 109.04 acres and the amount of land you are allowed to disturb is 16.99 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-73345741 FAX: 919-715-8801 512 North Salisbury Street,Raleigh, North Carolina 27604 An Equal Oppohuniry 1 Aninnalive Action Employer—50%Recycled 110%Post Consumer Paper Mr. Freeman Page Two Please review the renewed and modified permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section F R W/jw Enclosures cc: Ms. Janet Boyer, PE Ms. Shannon Deaton-WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: The Feldspar Corporation Altapass Mine Mitchell County - Permit No. 61-16 for the operation of a Industrial Minerals Quarry which shall provide that the usefulness; productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical decree of orotpctinn and ractnratinn, MINING PERMIT EXPIRATION DATE: FebruarV 19 2017 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on-file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications February 1, 2006: This permit has been modified as indicated on the mine map sealed December 12, 1995, February 19, 2007: This permit has been modified to decrease the affected acreage at this to 16.99 acres as indicated on the Mine Map dated January 2, 2007. Expiration Date This permit shall be effective from the date of its issuance until February 19, 2017. Page 3 Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. Wastewater and Quarry Dewaterinq A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Anv mininn rPlatPrj nrnre4s nrnrhirinn air (_nntaminant Am1SRlnnc inrhirilnn J .7 r r .7 .... ... `. ..... .7 fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 12 Ril#cr 7nnne V. ✓VII�1 LVII...J A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Mine Map dated January 2, 2007 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. Page 4 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map dated January 2, 2007 and supplemental information received by the Land Quality Section on February 1, 2006, March 27, 2006 and January 5, 2007. C. No mining related activities shall occur within the areas labeled as "Non- Disturbed Future Excavation" on the Mine Map dated January 2, 2007 until a modification that contains a comprehensive erosion and sedimentation control plan for said areas has been submitted to and approved by the Division of Land Resources. D. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and anv approvers rPvisinns to it. Ki sh areas inrli liriP hi it nra not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Groundwater Protection Groundwater monitoring wells'shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which call be let Cal llled by vegetC7tIVG I.VYCI UI Vl Itrl dd"tJCILC CIU,IVII C:UIILlUI II1CciSulta structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of any pit expansion conducted after February 1, 1996 shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after February 1, 1996. Page 5 7. Surface Drainage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Bastin The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and BD of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adiacent nronerty from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. 100 ,o.o c j 2.0 S vnis•c 3.0 9 0 fA a 0.9 0.9 a 0.?3 in+sec GA `. 07 0.5 . 0.6 0.5 OS a.. II is q 0.1 1 :0 :0 00 100 Wa5r Vibration Ffe Guency, Hz J .dr.9rn3rlY@ blzs:i0gig �'SJLYC@ .v)OCifieC :rG m. FI�L'ra _ �. _Ltmjjt! ,i;Llf^93 1'$ii+; Page 6 B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/Ds)z D, = D Wirz V = 160(Ds)-1.6 W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). D: = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. C. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, - Measuring System, in Hz in dBL 0.1 Hz or lower-flat response 134 peak 2.0 Hz or lower-flat response 133 peak 6.0 Hz or lower-flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U = 82 (D/Woaa)-r.z . To convert U (psi) to P (dBL): 7 Page 7 P = 20 x log (U/2.9xl0-) Confined Air blast/Overpressure (dBL) for quarry situation: A = P - 35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping: The operator shall maintain records on each individual blast describing.. the total number of holes; pattern of holes and delay of intervals; depth and size of holes; tynP and total pound-, of PxningivPG; maximijm nounrk par rialay intanral; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting -I Cy iJ%,k UJ Ii11 VLIIGI approveU areas YYIl11in LIIC perm[LiCU UVUIIUd1y. MULJIV1ILaUU11 to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Flyrock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. Page 8 H. Flyrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. 1. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the nmrit irtinn hlactinn nrnnram J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 9. High Wall Barrier A physical barrier consisting of large boulders placed end-to-end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. in addition, a mil it li!I lul f kk 10 fucot wider horizontal safety bench snail oe providea at the junction between the top of rock and the toe of any overburden cut slope constructed after February 1, 1996. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. Page 9 B. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification A. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. B. No mining related activities shall occur within the areas labeled as "Non- Disturbed Future Excavation" on the Mine Map dated January 2, 2007 until a modification that contains a comprehensive erosion and sedimentation control plan for said areas has been submitted to and approved by the Division of Land Resources. 12. Refuse Disposal A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area iinit­.-. ntithnri7ntinn to rnnrhirt said riicnn-,a1 ha-. first hpPn nhtninpr9 frnm both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically fisted under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel Page 10 D. If mining refuse is to be permanently disposed within the.mining permit boundary, the following information must be provided to and approved by the Division of Land Resources rigor to commencement of such disposal- 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established 13. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 11 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as.established by the North Carolina Agricultural Experiment Stntinn anri the Nnrth ( arnlina 1=nraGt SPrvir.P 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation t JIlolnl be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 12 A. All areas of unconsolidated material such-as overburden.or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Conditions Nos. 12.A. through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan prepared by Mr. Tom Freeman and submitted with the Renewal Application received by the Land Quality Section on February 1, 2006. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wilrilifp Racni ire-a-, rnmmicginn to enhanra nnct_nrniart wilrllifa hyhitnt nt the cite 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. in any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of complete on or termination of mining. Page 13 This permit, issued September 24, 1982 and renewed and modified February 1, 21996, is hereby simultaneously renewed and modified this 19" day of February, 2007 pursuant to G.S. 74-52. By: x James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 3 n�A 03M113�3b Ilu fill I fAil u 1 I Y \ ! '1 g t Mine Permit Renewal--altapass Mine, PermitNO. 61-16 Mitchell Co. t_ .1 • . A l' Tl_ _ __•. 1l _ _ _____1 _1 a.______ A X'___ it______'mil.T/l /1 1/ X A_i.._1__1 1 !'�_ aun�ec�: rvunc rerrniL rN_crrcwar--n+Lapd5s rv1111C, r4ni►uivv. er-iU iviiLcricii _U. From: Bill Beck <Bill.Beck a ncrnail.net> Date: Thu, 25 .Ian 2007 17:02:13 -0500 To: Judy Wehner <Judy.Wehner@ncmail.net> CC: Janet Boyer<Janet.Boyer a ncmai1.net> Judy--after reviewing the mine map I see no problems with the sediment and erosion control for the site. There has not been any mining on this site in 20 years. The processing plant is the main function for this site, iiy concern is tile non-uisturiJeu future excavation areas--there should be wording in the final permit draft that says that a mine modification will be required if any land disturbing is done in these areas--detailing S&EC measures needed.Let me know if you have any questions. Bill Beck - Bi.I.]...B ;r:fdr.:cr:�3:i...l. . rct North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Land Resources, Land Quality Section 2090 U.S. 70 Highway Swannanca, NC 28778 Tel : 828-296-4500 Fax: 828-299-7043 Bill Beck <13111.Beek cr,ncmail.net> Division of Land Resources, Land Quality Section NC DhNR - Asheville Regional Office L I of 1 1/26/2007 8:24 AM MINING CHECKLI5T FOR ROUTING J� Applicant's Name: �w Project Name: A'��W)ASS I u Applic./Permit No.rin-4 County: elle. 11 Date Kcreived: r. 1 iI l Reviewer. A� ^ River Basin Name: r7 2LN � 'YGe�� ❑ New .6•Renewal ❑ Modfication (inside permit boundaries) 0 Modification (outside permit boundaries) ]Transfer ❑ Release ❑ Partial Release ,FAdditional Information ❑ Fee Needed: $ ❑ Fee Received: $ PlrrawI roi dA antirr application an rkaac to- ,' FX 1�IP. Regional CffiGe (2 complete copies; attach the "LO.5 Regional Gmce Mining Appiication Review Checkiisi- to one copy and attach both the GWO and GAO "Mining Application Review Form"to the other copy: send both copies to the Regional Engineer) Date: Routed I JO Rec'd n.,*a. Pa.'J 0 INC Wildlife Resources Commi55ion Date; Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route fist 3 pages of the application and any location maps to: ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NG Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑Other. Date: Routed Rec'd **5uspense Date for Comments: I13nlor/(no later than 25 days from receipt) ! ❑ Please note the following: �Llnw�i D INDUSTRIAL MINERALS A ans6dmbn at The feldspar(Mariana,Sunnite AiHMl lah(h,Smm144 M¢o Nissan,ideas Aim9ul91a,tt(A area Mica[ei ipoieior_ rIV1,-.D 1AN C 2001 January 3, 2007 LAND QUALITY SECTION Mrs. Judy Wehner NC DEI-INR, Division of Land Resources 1612 Mail Service Center Raleigh, NC 27604 Subject: iviinc Permit Rcnewai, Lemcx industrial Minerals Altapass Mine, Permit No. 61-16 Spruce Pine, Mitchell County Dear Mrs. Weimer, Please find attached the requested information concerning a mine permit application for the renewal of the above listed mine. Your certified letter requested 2 items that needed to be addressed for continued processing of the application as follows: I. The affected acreage on the mine map and page 5 was not consistent with the permit affected acreage. Please find attached a new map which more clearly and correctly shows the areas of concern and also a new page 5. The new affected acreage is 85.12 acres with 68.13 acres of that listed as non-disturbed future excavations. 2. Please amend the application to include blasting at this site. Blasting is always performed under the most stringent or safely precautions and procedures. Please find attached the blasting safety guidelines from our current blasting contractor. If you should need further information for the processing of this application I can be reached at 829-765-9955. Sincere , omas . om) Freeman CPESC anger of Environmental Services CC. ra,•s I D40 Gown Pointe Pvkwu Y, Suite 370 / Atlanta, GA 30338 / phone: (710) 392 8460 / fax; (770) 392 8610 • s APPLICATION FOR A MINING PERMIT A tablelchart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing wea/haul roads,mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0.06 Stockpiles 1.9 Wastepiles 0 Processing Area/Haul Roads 12.58 Mine Excavation 2.45 Other(ND future excavation) 68.13 NOTE: IN ADDITION TO THE ABOVE,THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. Q� aY -5- V . . , n •'( ray iit : rt'C •f0 /� • ., '.1i5 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D, Simons,PG, PE Michael F. Easley, Governor Director and State Geologist William G, Ross Jr., Secretary November 7, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 0500 0002 7858 0762 Mr. Tom Freeman Feldspar Corporation PO Box 99 Spruce Pine, North Carolina 28777 Re: Altapass Mine Mining Permit No. 61-16 Mitchell County French Broad River Basin Dear Mr. Freeman: I have reviewed your letterof October4, 2006 in which you requested an extension of time to respond to the Department's request for supplemental information regarding the renewal of the referenced permit. Your request for an extension is hereby granted. Should the Department not receive a nlafa e a /� ife 0 rll 9S 2DG6 • "t iC 'd d't"� --1 '..f.. ••. .. .p. ,.�-4uL `I o �.,'a ii, VrmaatiGir v'y Jai luery", "ub, I will make a decision on the renewal based on the information currently on file. Your attention to this matter will be greatly appreciated. If you should have any questions, please contact Ms. Judy Wehner at (919) 733-4574. Sincerely, AloydR. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/jw cc: Ms. Janet Boyer, PE, w/ copy of Mr. Freeman's October 4, 2006 letter 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574! FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina, 27604 An Equal Opportunity l Affirmative Action Employer-50%Recycled 110%Post consumer Paper ,HP �rr�� Post Office 8oz 99. Spruce Pine, NC 28777 A subsidiary of pyyyy) Corporation (828) 765-5500 FAX: 18281766-2110 October A, 2006 7vlr. James D. Simons PG. PE NCDENR. Division of Land Resources Land Quality Section . 1612 Mail Service Center Raleigh, NC 27699-1612 Subject, Mining Permit No. 61-16 The Feldspar Corporation Mitchell County, French Broad River Basin Dear Mr. Simons, This correspondence is in response to your letter of April 25, 2006 requesting further information on the permit renewal request for the above named facility. The legend on page 5 of the permit renewal package had listed the affected acreage as 12.9 acres and the old permit gives an affected acreage of 89.31 acres. Given the fact that the North Toe River and Grassy Creek flow through the site the difference in the permitted acreage and the amount of allowed disturbed acreage is the stream and the buffers. The active acreage is small and the remainder of the site is wooded area. To change this,sediment and erosion controls will have to be designed for the entire site. Due to the amount of design work needed for the re-submittal I request a 3 month extension beginning on 10-25-06. Should ,vou or your staff have questions about this matter 1 can be reached at 828-765- 8955. 4rnormp=4te om) F man Manager of Environmemal Services CC: DD & files J RECEIVED P® Div of Land Resources Post Office Box 99,Spruce Pine, NC 28777 A sutsiaiary of Corporation (8281 765-5500 FAX: 1828) 766-2110 October 4, 2006 Mr. lames D. Simons PG, PE NCDENR, Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Subjecl: Mining Permit No- The Feldspar Corporation Mitchell County, French Broad River Basin Dear Mr. Simons, This correspondence is in response to your letter of April 25, 2006 requesting further information on the permit renewal request for the above named facility. The legend on page 5 of the pemfit renewal package had listed the affected acreage as 12.9 acres and the old permit gives an affected acreage of 89.31 acres. Given the fact that the North Toe River and Grassy Creek flow through the site the difference in the permitted acreage and the amount of allowed disturbed acreage is the stream and the buffers. The active acreage is small and the remainder of the site is wooded area. To change this,sediment and erosion controls will have to be designed for the entire site. Due to the amount of design work needed for the re-submittal I request a 3 month extension beginning on 10-25-06. Should you or your staff have questions about this matter I can be reached at 828-765- 8955. Sincer omas om) Fr eman Cor to Manager of Environmental Services CC: DD & files UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS / Permit No. 1 • Sender: Please print your name, address, and ZIP+4 in this box • ,N RECB En V IDENR-IDWISION OF LAND RESOURCES MAY 0 4 2006 ° QUALM SECTION 1612 MATT, SF,RVif:F. rRNTF,R LAND QUALITY S_ C 19N NC 27699-1612 -_ - '• ' I„ I ,Nr„LlL,LI„I, I,,,,,IL11, , ,,, 11„LII,L,I,i„!,!„I , SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A Signatur item 4 if Restricted Delivery is desired. /n [I Agent X ■ Print your name and address on the reverse CSC./ L�O Addressee so that we can return the card to you. B. Received by (Prlri ed Name) C. Date of Delivery. ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is tleli tldress different f es 1. Article Addressed to: If Y GQnter delivery address below plo MAY O 1 N06 EKW MR THOMAS FREEMAN THE FELDSPAR CORPORATION 3, SeepriceTy PS '1L l DUA yy .Certified Mail ❑ Express Mail SPRUCE PINE NC 28777 Registered �J�,2(ReturnReceiptforMerchandise ❑ Insured Mail / ❑ C.C.D. 4. Restricted Delivery? {Extra Fee) Cl yes 2: Article Number —74 03 /� /� p All --7 (transfer from SeNlCB label) (/6W eQ D a 7Cl � O'er/ / 1 PS Form 3811 , August 2001 Domestic Return Receipt 102595-02-M-1540 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D, Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G, Ross Jr., Secretary April 25, 2006 Certified Mail Oe'l rn Deceit Req us 1\GLUI i t I\GL..GINL I\G L{UL`.J LGU 1 7003 0500 0002 7858 2117 Mr. Thomas Freeman The Feldspar Corporation PO Box 99 Spruce Pine, North Carolina 28777 r-1 r� _ • •i_ r+w w i+ Me: Permit No. 61-1 v Application Received: February 1, 2006 Mitchell County French Broad River Basin Dear Mr. Freeman: We have reviewed the renewal request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. The current affected acreage (amount of land your company is allowed to disturb) for this site is 89.21 acres. The renewal application Page 5 and mine maps indicate only 12.9 acres to be affected. If you wish to reduce the affected acreage, please request this in writing. if you wish to keep the affected acreage at 89.21 acres, please indicate the rest of the future affected acreage on the mine map. A new page 5 must be submitted totaling the 89.21 acres. I have enclosed a page 5 for your use. 2. In addition, your current permit has blasting conditions. The renewal application states no explosives will be used at the site. Please verify that you no longer intent to blast at this site and that you wish the permit to be for processing and stockpiling only. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-715-8801 512 North Salisbury Street. Raleiah, North Carolina 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper r Mr. Freeman • Page 2 In order to complete the processing of your application, please forward two (2) copies of the rentlactAri infnrmntinn to mtr attrantinn of the fnllntArinn f3r4rlre00- Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required Uy iJA NCAC Jo.uV 13, you are IleleUy aUVISCU III L you ftciVe iou nays from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet.this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's fides at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Ple:jse contact me at (919) 733-4574 if you have any questions. ncerely, / A,I/ l,,I Id'i Lt"h A. Wehner Assistant State Mining Specialist Land Quality Section Enclosure — Page 5 cc: Ms. Janet Boyer NC®ENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary John Morris, Director April 20, 2006 MEMORANDUM ItBCD TO: Brenda Harris Mining Program Secretary Land Quality Section "'�+.tC�',_ FROM: Blake RouseML Ground Water Management Section Division of Water Resources SUBJECT: Comments on the Mining Permit Renewal Request for: The Feldspar Corporation Altapass Mine Mitchell County Please find attached a copy of the mining permit renewal request for the above referenced project. The Altapass Mine Site located in Mitchell County should not have an unduly adverse effect on ground water supplies. Any water withdrawal will be subject to North Carolina General Statute 143-215.22H; Registration of Weiler Withdrawals and Transfers Required. Any person who withdraws in one day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. A Central Coastal Plain Capacity Use Area permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin, &Igecombe, Greene,Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 - NorthCarOlina Phone: 919-733-40641FAX: 919-733-35581Internet: wwwncwater.org Naturally Iwo•,� 3 �'lei;y� , ,� NCDENR APR 6 2006 North Carolina Department of Environment and Natural Resources nivicinn of I and RPQmirrPS DIVISION OFWATFPocentjnn,- + +Wvvunt,Cs Land Quality Section James D. Simons, P.G,, P.E. Michael F. Easley, Governor Director and State Geologist April 6, 2006 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harri Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for The Feldspar Corporation Altapass Mine ❑ Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on April 21, 2006 so that we may complete our review of ♦L.in 11110 rel Ues4 .Vii+h1i1.1 Vur SFaFuFol-Y. ti1—1 le 111i1v1 lits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Ms. Janet Boyer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 ! FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 lI R IGEIGE VED APR 19 2ODS -[A QUALITY SECTION ® North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM T0: Brenda M. Harris, Mining Program Secretary Land Quality Section / FROM: Ron Linville, Regional Coordinator�J%1' Habitat Conservation Progmm DATE: April 13, 2006 SUBJECT: Feldspar Corporation Mining — Altapass'Mine, Permit No. 61-16 Renewal Reanest, Mitchell County This correspondence responds to your request for our review of the referenced permit renewal. These comments are provided in accordance with certain provisions of the Mining Act of 1971 (as amended, 1982; G.S. 7446 through 74-68; 15 NCAC 5) and the North Carolina General Statutes(G.S. 113-131 et seq.). Feldspar Corporation (FC) is requesting renewal of their existing mining permit without modification,. FC is requesti.^.g Lha? the permit be issued for ten (10) ,years. The mining operation removes Alaskite granite (feldspar, mica and quartz). The mining operation is located adjacent to the North Toe River. North Carolina Wildlife Resources Commission aquatic non-game biologists have indicated the the Appalachian elktoe, Alasmidonta raveneliana (FE, NCE) and wary-rayed lampmussel, Lampsilis jasciola (NCSC) occur in the North Toe River from the Cane River confluence upstream to near Penland. These may be recolonizing in recovering habitat upstream toward Spruce Pine. The Sharphead darter, Etheostoma aculiceps (FSC, NCT), olive darter, Percina squamma(FSC, NCSC); blotched chub, Erimystax insignis (FSC, NCSR); are also present in the North Toe River to just upstream from Spruce Pine. Based on the presence of these species in the area, we recommend the :;flowing additional conditions for the permit renewal: Mailing Address: Division of Inland Fisheries , 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Fcldspar Corp. -Altapass Mite -Page 2- April 13, 2006 1. Sediment and erosion control measures must adhere to the design standards for sensitive watersheds (15A NCAC 4B .0124). 2. Undisturbed forested stream buffers should be maintained or provided. We recommend 100' buffers for intermittent streams and 200' buffers for perennial waters to protect f6derally listed threatened and endangered aquatic species. 3. Prior to disturbances within these buffers, consultations with NCWRC biologists and possibly USFWS biologist should occur. 4. For waters within the active quarry, items two (2) and three (3) above may not be implemented providing item one (1) is satisfactorily accomplished to avoid sediment and turbidity impacts to downstream waters. Thank you for the opportunity to review and comment on this project. if you have any questions regarding these comments, please contact me at 336/769-9453. Cc: John Fridell, USFWS Jerry Prosser, Altapass Mine Manager r altapass mine mitchell co. 61-16 a u lbj_.-L- _,t-p__._ _ _hell c L, ,!_ ■7UAl�C[:G [IIL[I�1[iJJ illllle ,l[1ltl;nGl1 l,tl. lJl-1V From: Bill Beck <Bill.Beek@ncmail.net> Date: Tue, 18 Apr 2006 09:53:58 -0400 To: Judy Wehner <J tidy.Wehner@ncmaiLnet>,janct.boyer@j)cmiii.net the mine renewal for this mine looks ok--the only change from existing conditions are the location for stockpiles on the north side of the river--sediment control measures look adequate for these areas--there is no mining excavation at this site--this is a processing plant site for feldspar-- Bill Beck - 1::3.i li .i3eck(l,,nc,,ua i.l .rle North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Land Resources, Land Quality Section 2090 U.S. 70 Highway Swannanoa, NC 2877E Tel : 828-296-4500 Fax: 828-299-7043 Lull Beck <Bill.Bcek@ncmail.net> Division of Land Resources, Land Quality Section NC DENR -Asheville Regional Office l of 1 4/19/2006 8:36 AM MINING �CHEC__K��L_IS/T FOR ROUTING Applicant's Name: Name: J�YQ�I1P5 Applic./Permit No.: County: Ill Date Received: = Reviewer: liML River DasinName: 4.1"Odi&74 ❑ New .2(Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer Cl Release ❑ Partial Release ❑Additional Information ❑ Fee Needed: $ El Fee Received: 0,:4 tiWInfpIlcq�, _Ple/ase. route r./nftire applicatioiin��p__�g� _ T ,i A"hey,l I''C.i Regional Office (2 complete copies; attach the "L05"Regional Office Mining Application Review Checklist" to one copy and attach lzzj th .Of. anil(DAQ "Mining Application Review Form"to the other copy; send both copies to thRegional engineer) Date: Routed g16A L Reo'd Z ision of Water Resources Date: Routed Roc d fdNC Wildlife Resources Commission Date: Routed Rec'd ❑U5 Fish & Wildlife Service Date: Routed R®c'd • (Only new applications and modification requests that add land to the permit) . Please route first 3 pages of the application and any location maps to: EI,Division of Parks & Recreation Date: Routed Rec'd ❑ NC'Geological5urvey5ection Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) C Division of Archives & History Date: Routed Rec'd (Only new applications) ❑Other: Date: Routed Rec'd **5uopen5e Date for Commento:yl-2� (no later than 25 days from receipt) I( Please note the following: TI�DL I.l�iil 1 AOGnw./ (�BL/ YD+A�I � Ger r 41/1w 111 L—/ U ' F&w' has '/ p12cad y 4P4q 1Au0Ei NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist April 6, 2006 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Ron Linville Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris 404 Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for The Feldspar Corporation Altapass Mine F,A:a�.1.-..II County IVIitchlell County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by April 21, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Ms. Janet Boyer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: 919-733-2876 Lr1 JIL I\VI V.tL 7tlI:Wbury Street, Ral eygL, I\14 1 U_1IL CdrVll:_-, 276 04 AM-A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist April 6, 2006 William G. Ross Jr., Secretary MEMORANDUM TO: Mr, Nat Wilson Hvdrogeology Group Division of Water Resources FROM: Brenda M. HarriKAW Mining Program Secretary Land Quality Section. SUBJECT: Mining Permit Renewal for The Feldspar Corporation Altapass Mine ❑ Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on April 21, 2006 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Ms. Janet Boyer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574/ FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina, 27604 r • T�E�dSPar �i] Q�or>'a�c��I�w Post Office Box -100 Spruce Pin/e, NC. &W, f f TO: -.JUa (,�£{�Al EI2 DATE', 25 ' d?P L$w - tr FROM: /� t��£m CC'. SUBJECT: o 'wp53 /Gf,���, 1a9joe Ile 4�5 RECEIVED MAR �0 zoos LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT A tablelchart most be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds,stockpiles, wastepiles,processing area/haul roads,mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles 1.9 wastepiles Processing Area/Ilaul Roads 10.0 Mine Excavation 1.0 Other NOTE: IN ADDITION TO THE ABOVE,THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORS. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. RECEIVED I MAR 0 2006 LAND QUALITY SECTION -5- i i . . . . , . . , . . . . . SENDER: DELIVERY ■ Complete items 1 , 2, and 3. Also complete A Signature item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse X ❑ Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. / ^ � D. Is delivery d 'ss diNerent from item 17 ❑ Yes 1. Article Addressed to: If YES, enter'deiivery address Demo n MAR 0 g 2Q06 O MR THOMAS FREEMAN THE FELDSPAR CORPORATION 3. iceTypg�pS PO BOX 99 Certified MailExpress Mail SPRUCE PINE INC 28777 Registered Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Exec Fee) ❑ yes 2. Article Number p (Transfer fromservice fabep l PR Fnrm AR11 Annimt 9nni nnmaclin Rnh,rn Racwin} /1 ,mtocro_u_,cer - - D , UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • f I DENR-DIVISION OF LAND RESOURCES LAND QUALITY SECTION 1612 MAIL, SERVICE CENTER '` "WGH NC 27699.1612 WA iae NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael R Easley, Governor Director and State Geologist March 1, 2006 William G. Ross Jr., secretary Certified Mail Return Receipt Requested 7003 0500 0002 7858 2438 Mr. Thomas Freeman The Feldspar Corporation PO Box 99 Spruce Pine, North Carolina 28777. Re: Permit No, 61-16 Application Received: February 1, 2006 Mitchell County French Broad River Basin -Dear Mr. Freeman: We have reviewed the renewal request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Detailed mine maps must be submitted that accurately reflect the site conditions. Include a clearly labeled permit boundary and adequate buffers within the permit boundary. Provide five copies of the mine map. Please be advised that our review cannot be completed-until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward five (5) copies of the updated mine map to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Mr. Freeman • • Page 2 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. 4cerely, W� J dith A. Wehner Assistant State Mining Specialist Land Quality Section cc: M. Janet Boyer MINING' ,CHEgCKLIST FOR ROUTIN/G� Applicant's Name: 74a6iA, 4A1,q^0-4241&I Project Name: L1&,0 cA j v Applic./Permit No.: k, Ll County: WeliP l Date Recciived: /'ate Reviewer. (ilWlxw�. River Darin Name: Jzo6b IYI,/Jlu!/ V ❑ New *enewal O Modification (inside permit boundaries) O Modification (outside permit boundaries) OTransfer ❑ Release ❑ Partial Release ❑Additional Information ❑ Fee Needed: $ CNIFepye��Received: $ V%"o !"I) IQN2 I-C.. Regional Office (2 complete copies; attach the "1.05 Regional Office Mining Application Review Check Oflist"to one copy and attach both the DWQ and DAQ "Mining Application Review Form"to the other copy; send both copies to th Re IionaLeneineer) Date: RoutedV/ IIb/r. P.ecd n 1 / u vlviniun cn rvaccr Resources Date: routca i Net'd ❑ NG Wildlife Resources Commission Date: Routed Reed ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first 5 pages of the application and any location maps to: ❑ Division of Parks & Recreation Date: Routed `Reed ❑ NG Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑Other: Date: Routed Rec'd * 5uoren5e Date for Comments: N R- (no later than 25 days 56 qo from receipt) lb5. /6\Please note the following: ,) 1)"t4hhr4l hAA—JJ!//. i&IWn lAeV r L o, /!�J,6i1 7 1 4/11nm lA4,Pden) itJP jag NCDENR- North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist February 7, 2006 William G. Ross Jr., Secretary Mr. Thomas Freeman The Feldspar Corporation PO Box 99 Spruce Pine, North Carolina 28777 Re: Permit No. 61-16 Application Received: February 1, 2006 Mitchell County French Broad River Basin Dear Applicant: A cursory review has been completed on the information you submitted for the referenced mine site. The information noted on the attached checklist is required to complete your application. If this office has not received the information by the indicated deadline, your application may be disapproved. PLEASE BE ADVISED THAT YOUR APPLICATION IS NOT COMPLETE UNTIL ALL OF THE ITEMS LISTED ON THE ATTACHED CHECKLIST HAVE BEEN FULLY ADDRESSED. In order to complete the processing of your application, please forward five (5) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Please contact me at (919) 733-4574 if you have any questions. Sincerely, udith A. Wehner Assistant State Mining Specialist Land Quality Section ClII,IVbUIC - LIIGl.k11J1 cc: Ms. Janet Boyer , wfenclosure 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity L Affirmative Action Employer—50%Recycled 1 10%Post Consumer Paper =1 CHECKLIST FOR REQUIRED INFORMATION The following information should have been included in the initial application in order to expedite review of the application and possibly avoid a request for additional information from the Land Quality Section. Please submit the following information ASAP so we can include it Applicant: The Feldspar Corporation Date: 217/06 Mine Name: Altapass Mine Application/Permit No: 61-16 County: Mitchell Dale Received: 211/06 X : Other: Detailed mine maps must be submitted that accurately reflect the site conditions. Include a clearly labeled permit boundary and adequate buffers within the permit boundary. Provide five copies of the mine map. e: ' , � � � r r b5�ar Post) 765- Box 99, Spruce Pine, 0 28777 A subsidiary of �,corporation (704) 766-6600 FAX: (704) 766 0203 January 27, 2006 Al r� Judytant Mining ' vCL 11i D Assistant Mining Specialist V Land Quality Section FEB 1 ?OD6 1612 Mail Service Center Raleigh, NC 27699-1612 Alljy SECT ION Subject: Altapass Mine, Permit No. 61-16 The Feldspar Corporation Spruce Pine, Mitchell County Dear Mrs. Wehner, • Please find attached a mining permit application for the above mine to renew the present permit which expires on 2-1-06. This is a renewal with no additional acreage being added to the permit. Also find attached a check in the amount of$500.00 for the necessary fec. The permit application is complete except for maps which should follow within 2 weeks. A corporate personnel change in December left me to prepare the application but did not leavp me the nereccaro time to nrenare the mane with rurnrnnriate deinilc Marchnll Miller is in the process of preparing the draft maps for approval at this time. If any part of this application is found to be in error or incomplete, I can be reached at 828.765-8955. Sincerely, "rho (Fo -re eman CPESC M�ger of Environmental Services • NORTH CAROLINA MINING PERMIT APPLICATION state of North Carolina Department of Environment And Natural Resources Division of Land Resources Land Quality section 1612 Mail Service center Raleigh , North Carolina 27699-1612 (919) 733-4574 Revised 4/2002 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Altapass Mine County Mitchell River Ravin French Rrnad 1.atitnde (dd mm ,,0 15-54-1 F Lnnoititrip (rid mm ccl R7-0'1-47 2. Name of Applicant* The Feldspar Co ration 3. Permanent address for receipt of official mail** P.O. Box 99 Spruce Pine, NC 28777 Telephone 828-765-5500 4. Mine Office Address P.O. Box 99 —Spruce Pine, NC 28777 Telephone 828-765-5500 Mine Manager____Jerry Prosser We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***SignaturtJe Date % %z�k Print N e rosser Title___ Plant Manager * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. 0 -1- i • APPLICATION FOR A MINING PERMIT 0 NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. if this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall)acreage covered by the existing permit: Mining Permit No.: 61-16 Total permitted acreage(this is the acreage that the "renewal" fee will be based upon): 109.04 c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes_No_. If yes, indicate the acreage to be covered by this modification(this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary`? Yes No . If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F.of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes No (if no,a"minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTIONS)AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Alaskite Granite (Feldspar, Mica& Quartz) 3. Mining method: Hydraulic Dredge Front-end Loader& Truck X Shovel&Truck X Dragline & Truck Self-loading Scraper Other(explain) 0 -2- APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 2439 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) mean sea level b. Expected average depth of mine (feet) 2479 5. Has any area(s) at this site been mined in the past? Yes X No If yes, when and by whom was this activity conducted? 1948 to present, The Feldspar Corporation 6. Number of years for which the permit is requested (10 years maximum): 10 years B. MAPS 1. Clearly mark a11U label the 11U-Call0n U1 yl)UI 11111111%UPCIdLIOn On six tol Copies 01 a f.J Minute quauraIlgle and a county highway map. These maps, in addition to six_(6) copies of all mine maps and reclamation maps, must be submitted with each permit application. - T5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh- North Carolina 27699-1 Fir? (919) 715-9718 - County highway maps may be obtained from: Location Department State Highway Commission Raleigh,North Carolina 27602 (919) 733-7600 -3- 0 • APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate) acreage. As a reminder,mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. c. initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. I. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway;creek,stream,river,or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary,must be provided on the mine map(s). NOTE: "Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names f. vaL prepare' and i c'v iScu 8. Name and title of person preparing map Map scales should meet the following guidelines: PEPWI TTI ED ACREAGE MAP SCALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch= 100 feet 500+ Acres 1 inch =200 feet (NOTE: Smaller sealed mans may be acceptable if they clearly illustrate the above items) -4- 0 • APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation Other NOTE: IN ADDITION TO THE ABOVE,THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. • -5- • 0 APPLICATION FOR A MINING PERMIT PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. The Altapass mine is inactive and has been since 1951. The mine is the site of the processing plant at present. If the mine to be activated Land Quality would be notified with details and plans before mine began. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(~), waste piles, access/mine roads and process areas),and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine maps) and provide typical crass-sections/construction details ofeach measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. See Attnched DPtaik 10 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes X No If yes, briefly describe all such processes including any chemicals to be used. The Altapass Mine is the site of The Feldspar Corporations ore processing facility. Crushed ore is brought in from the off site mines and processed at the plant. The ore is ground in rod mills, separated by wet floatation dried and stored for shipping,and further processing. Common floatation reagents,acids,lime and flocculants are the chemicals used in the process. The site has a wastewater facility that treats the process water before it is released to the North Toe River. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes X_No . lfyes, briefly describe the nature of the discharge and locale all proposed discharge points (along with their method of stabilization) on your mine map(s). The following are permitted discharges from the plant site (see attached wastewater permit: Discharge 001: effluent from the wastewater plant Discharge 002: non-contact cooling water discharge Discharge 003: non-contact cooling water discharge Ah —6— • • APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X No . If yes, do you intend to dewater the excavation(s)? Yes No X . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(v) that lit, within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. The old mine has an excavation that has filled with water since mining stopped. The plant and office complex is supplied with city water from the Town of Spruce Pine. d. If you answered yes to any of the above questions, provide evidence that you have applied for or ._L...:.....A aL,. .. ..a.� _ �....- .� ..I:a__ �,:.��.\ /: _l:__L-_.__ ATn T%T 0 - \ outaineU U'e appropriate ward quauiy Pe►ii1,ikS) �►.c., non-U1W1ki9C, NrDES, Stounwater, etc;.) from the Division of Water Quality,Water Quality Section. In addition,the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. See attached Permit 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes X No If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. See attached Permit b. I-low will dust from stockpiles, haul roads, etc., be controlled? Mud Mats, wet suppression and water truck and in compliance with the attached air permit. 0 • APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any minim;activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever),or a combination of the two,depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended,although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(S). A minimum 25" buffer will be maintained except where past practice prevents. See Maps b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions,a buffer wider than 50 feet may be needed. Flow wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? .Show all buffer locations and widths on the mine maps). A minimum 50" buffer will be maintained except where past practice prevents. See Maps 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Barricades and or fencing will be used to prevent public access. See Attached Detail _g_ i • APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. See Attached c. In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping. Cross-sections.for all cut slopes must he provided on the mine map(s). ■3 ; t1LLQl:11GU d. In hardrock excavations,specify proposed bench widths and heights in feet. Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. See Attached 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. Guardrails, cable fences, gates and signage 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type gfbarricade to he used must be indicated on the mine map(s). Fencing, see attached detail -9- s • APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No X How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10, a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees,bushes or other vegetation,building berms or other measures. Show the location ofall visual screening on the mine map(s)and provide cross-.sections through all proposed berms or proposed spacing, sizes and.species for tree plantings. The area mined prior to 1951 is visually screened from public view by location and trees. The plant area is next to Altapass road and is a public business. No screening is feasible and the plant operations excluding stockpiles and storage silos are inside buildings. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? No 11, Will explosives be used? Yes No X If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures,more detailed technical information may be required on the blasting program(such as a third- party blasting study). Locate the nearest offsite occupied structure()to the proposed excavation(,)on the mine map and indicate its approximate distance to the proposed excavation. No explosives will be used for mining but may be used for construction on an extremely limited basis. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes X No Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate the location(v) of all storage.facilities on the mine map(v). Chemical Storage Chemical Storage Sulfuric Acid Tank HF Acid Tank Fuel Oil Tank Amine Tank Liquid Polymer Tank Hydrate Lime Tank All chemicals are kept in containment areas_ -10- APPLICATION FOR A MINING PERMIT �. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross-sections, of any permanent channels to he constructed as part of'the reclamation plan and the location(~) afall permanent channels must he indicated on the reclamation map. All buildings that are usable as real property will remain in tact as well as entrance roads for access. Buildings and outside equipment not usable will be removed and the area graded to blend with the surrounding topography and stabilized by seeding. Soil and erosion controls will be constructed to remain in place and be armored to prevent erosion. See Attached Details 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No If yes, illustrate the location of the body(y) of water on the reclamation map and provide a scaled cross-section(v) through the proposed body(v) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation,unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s)of water be stocked with fish? Yes No X . If yes, specify species. The water hole left by the excavations prior to 1951 contains fish that nature has supplied. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of'all permanent barricades must he shown on the reclamation map. Only one are of concern exists and will be supplied with a fence (see attached detail). -11- • • •APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine waste areas,including specifications for benching and sloping. Final cross-sections and local ions f�r such areas must he provided on the reclamation map. All waste materials would be dumped in levels not to exceed 45' in height. A bench of 8' minimum width will be used to carry runoff from the above slope. Slopes would be 2:1 or flatter as natural slope allows. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. All building usable for real property would be left for use all others would be torn down. After buildings and other outside equipment are removed the area would be filled with soils, graded to slope and seeded or landscaped to a natural state. b. Will any on-site roadways be left as part of the reclamation? Yes X No fyes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. Paved roadways, are planned, to be left as apart of the reclamation to provide access to the adjoining property and property across the river from the plant area. All ditches will be stabilized (armoured) and provided with sediment basins. b. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off-site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources,Land Quality Section and either the Division of Waste Management(DWM)or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must he clearly delineated on the mine man(s)and reclamation man. alont-with a list of items to he disposed in said areas. Used oil and other material generated by the plant are shipped offsite for proper disposal. Scrap metal and used pallets are recycled on an ongoing basis. Some used parts are stored across the river for reuse and rcuuuu�iig as i�c�esSaiy_ -12- • s PPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding,including the time of seeding and the amount and type of seed, fertilizer, lime and mulchper acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary,temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER- ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (hounds/acre): rNOTE: Include Leeumesl 1.Seed Types: Seedinp, Dates: Seedinp, Rates: See Attached Vegation Plan MULCH-TYPE AND RATE OF APPLICATION(pounds/acre)AND MET130D OF ANCHORING: OTHER VEGETATIVE COVERS-TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name : Thomas D. Freeman CPESC Title: Certified Professional in Erosion and Sediment Control Agency Soil Conservation Service -13- • • PPLICATION FOR A MINING PERMIT DETERMINATION OF AFFECTED ACREAGE AND BOND The fallowing bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage, for each usrxct ofthe mining oneralion. that you intend to affect during the life ofthis mining�ermit/in addition, please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application form) OR you can defer to the Department to calculate your bond for you hosed upon your romps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE• COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ lAc. _ $ Processing Area)Flaul Roads: Ac. X $ /Ac. _ $ Mine Excavation: Ac. X $ /Ac. _ $ Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac. ' (TOTAL PERMITTED AC.: Ac.) Ternporary& Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ae. X $15500.00 = $ SUBTOTAL COST: S Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (1 to IO years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Band Cost: $ (round down to the nearest$100.00) J1 • -14- i • APPLICATION FOR A MINING PERMIT '. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof,attached to this application must be sent certified or registered mail to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and is contiguous to any highway;creek,stream,river, Ur UlllCU WateFCUUrSC? rAIF02U LraCKj-Ur t1di ily Ur MIMI-PUUi1C rlgnl-Ul-Way- 11 dU allJUIUIHg lrAct 1S owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s). "Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the UrlGF[alrl, Gnt, W ith the 1e1alrludIn-0 . 1 1 a1L1Gw G_.UIP-11C_aG_u_1 Q-p-,l1l:lQ_L1011 ClV llll, uL_1PV-_G_ tim O_p-,i1lSG_.l_.11SV_l-1 wit[ LUG_ G_ Iti_tucicU_J complete. NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" i -15- i • NOTICE 0 Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that has applied on (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for (check one): (a) a new surface mining permit ❑ (b) a modification of an existing surface mining permit to add land to the permitted area ❑ The applicant proposes to mine on acres located (Mineral, Ore) (Number) (Miles) of off/near road (Direction) (Nearest Town) (Number/Name) in County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort to notify all owners of record. both public and private. of all tracts of land that are adioininp-the minine nermit boundary: if an "djoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of racts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: . For information on the mining permit application review process, please contact the Mining Program staff at 733-4574. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) (Date of Issuance of this Noticel (Address of Applicant) Mailed to Addressee/Owner of Record) --16- 0 • APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION an applicant, or an agent, or employee of an applicant, for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area,from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary linrlur�inn uv%Prn an aA;i ;ninn tract is"xwnPil nr 1PacPrl lvu tha ar►nlirant fir ie nuntr+r� fw tha L eenr of ttir.mina tract ....va v u..uwi.......5 a u.....�v......v.�. .a....�..0 -J ...-ut.t....�.....— ...-I......0 -J L.............. — ..............J ...u..., all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed,by certified or registered mail,to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private,of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S.74-50(bl)and 15A NCAC 513.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) (title of person executing Affidavit) 1, a Notary Public of the County of , State of North Carolina, do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. 0 Witness my hand and notarial seal,this day of 20 Notary: My Commission expires: -17- • APPLICATION FOR A MINING PERMIT LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: Sig/ /% nature:* Print Name: Vince Sadowski Prin e: Jerry Prosser Address: 1040 Crowne Pointe Parkway Title: Plant Manager *Atlanta, GA 30338 Company: The Feldspar Corporation Telephone: 770-392-8660 Mine Name: Altapass Mine *Signature must be the same as the individual who signed Page 1 of this application. Six (6) copies of the completed application, six 6) conies of all location maps, mine maps and reclamation maps,and the appropriate processing fee(see next page for fee schedule)in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at 919) 733-4574. _fig_ MINING W nonrefundable permit application processing fee when filing for a new mining permit,a major permit modification or a renewal ermit is required as follows: TYPE ACRES NEW MAJOR PERMIT MODIFICATION RENEWAL Clay I but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand & Gravel, 1 but less than 5 150 100 100 Gemstone,and Borrow Pits 5 but less than 25 250 100 100 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, Industrial Minerals, 1 but less than 10 250 100 100 Dimension Stone 10 but less than 25 1000 250 500 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat& Phosphate 1 or more 2500 500 500 Gold (Heap Leach),Titanium &Others 1 or more 2500 500 500 A nonrefundable$%0.00 permit application processing fee is required for minor permit modifications Minor permit modifications include ownership transfers,name changes,bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permii modification also includes lands added to a permitted area,outside of the minimum permit buffer zone requirements,where no plans for mining related disturbance of the added lands have been approved.All other changes are considered major modifications. 't<eres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the wodificalion within the permitted mine area,or any additional land that is to be disturbed and added to an existing permitted area,or both. 1012000 —19— • • e LAND QUALITY SECTION HEAD UARTFRS 7NCr7 "-" nilq Jr..PJ1 James 0.5in9nx,R(i.,P.h.-Cpief Fogioo Caroline Medlin.f:.I.Sediment Education Caun l Ilrvid ll.Wald-SMimenl Specialist 5perielisl ty Section y-Assish015Mimen1Specialist 'I'elePl ervice Center 'rney E.Davis,P.F_-Miming Specialist Tbitbx Bruwo-SNimnt Education FAX! 2)699-1612 Jody WeM1ner-Asshtmt Mioivg 5peviaiim totem-Amisimt Mining SBreulist Cre¢dress Food Quality 4ctiom -IEmm Serey Eingeem Secretnrief 512Norlh Ssdabary Strett rani Dodd,E.I.-Ambient Dam Safety Fingineer Wendy Spmto-lead Seerchry Raleigh,NC 27W4 James Caldwell,F_I.-Assistant Dam Safely Emlioeer Stephanie Four-Sediment dl Dam Save Edwards-Mining LAND QUALITY SECTION REGIONAL OFFICES ASHEVILLE MOORESVILLE WINSTON-SALEM RICHARD PHILLIPS,P.F_ DOUG MILLER,P.I. MA'ITIIEW CAN'1T.P.F_ JOHN Interchange Bldg. 919 North Main Street .505 WaugMown street 3800 Bt S9 woudfin Ran Meamvi0e,NC 211115 WinROOSalem,NC 2)10) Battelle AFEeville.NC 28801 COURIER-I}154H INTER COURIER-12-59-01 CIFIRIER-09418-06 (336)79.46aD (919)5' (828)251 2= (211,1)6611699 FAX N(JJ6)T 1401 FAX O FAX a(828)251b52 FAX D(7M)663-6061) Alamott Alkidway Ashe Chatba very Buucmbt Burke Alexander Lincoln Caswell Devidenn Davie Erosion Idwell Cherokee Clay Calumet Mecklenburg Fonylh Guilford Rgekngbmn JohnHl tam Heywood Henderson Catowbn Become Randolph Stokes Srry Nanho Jackson Masse Madison Ckvcknd Steady Watauga Wilkes Yadkin Vance McDowell Mitchell Polk Gosfo' Dow" Warrm Rudedlinrd Swmiu Tnmylemuts Indell your" FAVETTEVILLE WILMINGTON WASHINGTON WILLIAM (TOBV)VINSON,P.E. DAN SAMS.P.E. F LOYD WILLIAMS.P.G. 225 Green Steady 127 Cardinal Drive ExL 943 Waddognm Square Mail Sait014 Wilminklom,NC 2MOSJ8411 Wmhiagmn,N'C 27989 F'ayethvi0e.NC 2831o1 COURIER-16J 01 CD11R1ER-14.5625 COURIER-M-16J2 r2$219141d%1 (910)480-1M1 "B"y9y.M00 FAX D(252)9)5d)16 FAX k(910)486-0)W FAXp(91VEJwma Beauron genie Camden Anson Montgomery Scotland Brunswick New Hanover Common Cnven Coniturk BlaJen Moore Claimer Omk v Dan Cates Greene a tanwriand Bimmond Columbus Peeler Ilenfurd flyer Jun" Its"01 RolOvm Duplin Lenoir Media Pamliml Door Sampson Pasquotook PeNuimmm fin Ramie 'ryrrrll Washington Wayne SCHEDULE 9 RECLAMATION COSTS 10/2000 = applicos.sch.rpd (Based upon range of $500 - $5,000 per affected acre) JIMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill , CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = 'Titanium, and OT = Other Type T/S Ponds S.piles W.piles P.area/H.R. Mine Excay. SG, GS, $500/ac. (L) $1800/ac. $2000/ac. $1800/ac. $500/ac. (L) Borrow 1500 (FI) $2000 (PD) CS, DS, 500 (L) 1800 2000 2000 500 (L) FS, MI, 1500 (FI) 2500 (PD) LI, PF, OL, KY PH 1000 (L) 2500 5000 5000 2000 (L) 2500 (FI) 5000 (PD) CL 1000 (L) 2500 5000 5000 2000 (L) 2500 (FI ) 3700 (PD) PE, AU, 1000 (L) 2500 3000 3500 2000 (L) TI, OT 2500 (FI) 5000 (PD) # = reclamation to a lake and revegetating sideslopes = reclamation by filling in and revegetating D) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B. 0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: - FINAL GRADING COSTS PER ACRE - LIME AND FERTILIZER COSTS PER ACRE - YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) - MULCH AND ANCHORING COSTS PER ACRE - ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR' S FINAL BOND DETERMINATION. 1,000 copies of this public document were printed at a cost of $845.81 or $.85 per copy. 4/2002 ngnaanwweum nr ruyt_v_nuMRum slob wh ggmLT. uwgnrrari_rc DIVISION OF LAND RESOURCES - LAND QUALITY SECTION -21- NCDENR North Carolina Department of Environment and Natural Resources DIVISION OF AIR QUALITY Michael F.Easley,Governor William G. Ross Jr., Secretary B.Keith Overcash, P.E., Director - January 15, 2004 Mr. .Jim Taipale Plant Manager The Feldspar Corporation Post Office Box 99 Spruce Pine, North Carolina 28777 Subject: Air Permit No. 04082R19 The Feldspar Corporation Spruce Pine, Mitchell County, North Carolina 'Fee Class: Synthetic Minor Site Number: 01/61/00020 SDear Mr. Taipale: In accordance with your completed application received October 17, 2003, we are forwarding herewith Permit No. 04082R19 to The Feldspar Corporation, Spruce Pine, Mitchell - County, North Carolina for the construction and operation of air emissions sources or air cleaning devices and appurtenances. Additionally, any emissions activities determined from your air permit application as meeting the exemption requirements contained in 15A NCAC 2Q .0102 or 15A NCAC 2Q .0503 have been listed for inf rmation purposes as an "ATTACiu^rIIENT" to fire enclosed air permit, Please note the records retention requirements are contained in General Condition 2 of the General Conditions and Limitations. If any parts, requirements, or limitations contained in this permit we unacceptable to you, you have the right to request a formal adjudicatory hearing within 30 days following receipt of this permit, identifying the specific issues to be contested. Such a request will stay the effectiveness of the entire permit. This hearing request must be in the form of a written petition, conforming to G.S. 150B-23 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. The form for requesting a formal adjudicatory hearing may be obtained upon request from the Office of Administrative Hearings. Unless a request for a hearing is made pursuant to G.S. 150B-23, this air permit shall be final and binding. - You may request modification of your air permit through informal means pursuant to G.S. 15011-22. This request must be submitted in writing to the Director and must identify the specific .1 Asheville Regional Office 59 Woodfin Place, Asheville, North Carolina 28801-2482 Phone: (8281251.62081 FAX: (82R1251-645211nternet: http:lldagsYle.ncus! An Equal Opportunity I Affirmative Action Employer-50% Recycled 110% Postconsumer Paper Mr. Jim Taipale January 15, 2004 Page 2 provisions or issues for which the modification is sought. Please note that the permit will become final and binding regardless of a request for informal modification unless a request for a hearing is also made under G.S. 150B-23. Unless exempted by a condition of this permit or the regulations, construction of new air pollution sources or air cleaning devices, or modifications to the sources or air cleaning devices described in this permit must be covered under a permit issued by the Division of Air N-•-- ^isalit- ,for to . . . .construction Failure to do so is a violation of G.S. 143-215108 and may �.c y Y subject the Permittee to civil or criminal penalties as described in G.S. 143-215.114A and 143- 215.114B. This per-mit'shall be effective from January 15, 2004 until April 30, 2005, is nontransferable to future owners and operators, and shall be subject to the conditions and limitations as specified therein. Changes have been made to the permit stipulations. The Permittee is responsible for carefully reading the entire permit and evaluating the requirements of each permit stipulation. The Permittee shall comply with all terms, conditions, requirements, limitations and restrictions set forth in this permit. Noncompliance with any permit condition is grounds for enforcement action, for permit termination, revocation-and reissuance, or modification, or �. for denial.of a permit renewal application. Specific changes and additions are summarized below (note: this list may not include all changes and additions): A. Added new equipment and listed all equipment in tabular format. B. Added testing requirements for new equipment. C. Removed testing due dates for completed tests. Should you have any questions concerning this matter, please contact Janet Boyer at (828)'251- 6208. Sincerely, Paul K. Muller, P.E. Regional Air Quality Supervisor PKM:jsb Enclosures c: Central Files Asheville Regional Office NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION • � DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF AIR QUALITY AIR PERMIT NO. 04082111.9 Issue Date: January 15, 2004 - Effective Date: January 15, 2004 Expiration Date: April 30, 2005 Replaces Permit: 04082R18 To construct and operate air emission source(s) and/or air cleaning device(s), and for the discharge of the associated air contaminants into the atmosphere in accordance with the provisions of Article 21B cr Chapter 143, General Statues of North Carolina (NCGS) as amended, and other applicable Laws, Rules and Regulations, The Feldspar Corporation 530 Altapass Road • Spruce Pine, Mitchell County, North Carolina Fee Class: Synthetic Minor Site Number: 01161/00020 (the Permittee) is hereby authorized to construct and operate the air emissions sources and/or air cleaning devices and appurtenances described below: . Emission EniissionPSource yontrol Control System 4 __ Source ID_ _ Descri tion 5 stem ID Description Feldspar Transfer Operation ESTI one dump hopper with Ceeder, N/A N/A � equipped with wet suppression _� EST2 one 30-inch wide unenclosed closed conveyor belt, equipped with wet N!A N/A _11suppression _ EST3 11 one 30-inch wide unenclosed (NSPS) conveyor belt, equipped with wet N/A N/A suppression EST4 one 30-inch wide unenclosed (NSPS) conveyor belt, equipped with wet N/A N/A suppression ESTS . one 30-mch�n(Te enclosed conveyor NIA N/A (NSPS) belt,equipped with wet suppression l EST6 — I one 30-inch wide enclosed conveyor N/A Ar/A — — �,! (NSPS) bell,egwpped with wef suppress�an _ _ ____ Permit No. 04082R19 Page 2 Emission Emission Source Control Control System Source ID Description J System ID 11 Description ES77 Ilona 30-inch wide enclosed conveyor N/A N/A (NSPS) belt,equipped wiji th wet sttppreaswn Plant I F-1 N0. l Pebble Mill CD-FI one bagfdter(339 square feet of filter area) ES-Silos d+ fine grind storage,dos(ID Nos. 10-18BC one bagfiiter(1,246 square ��IOB, 11B, 12B, 13B, 14B and 15B) ��feet of filler area) ES-Silos2 three fine grind storage silos(ED ]0-18BC one bagfilter(1,246 square (NSFS) Nos. 16B, 1713 and 18B) j��feet of filter area) F-7 bagging and loading operation F-7c one bagfiltcr(10,848 square feel of filter area ELi- one bucket elevator F- c one ba filter 10,848 square 7 _ ___ � feet of filter area) _- H No. 4 Pebble Mill IL—CD-H one bagfdter(339 square feet of Eller area) __ NM Pebble Mill No. S-enclosed pebble NMc lone cartridge-type filter(3,616 mill process op cyclone consisting Of classifier square feet of filter area) l and a closed t000 lone C-5 one 20-inch wide conveyor belg 1 installed on railcar sand loadin N/A N/A operation _ FBD7 one natural gas/No. 2 fuel oil-fired FBDls, FBDlc Ilone Venturi wet scrubber, one (\SPS) fluid bed dryer(11.7 million Btu per cyclone (44 inches m hour maximum heat input)with a diameter) maximum processing capacity of 38.0 tons per hour �B) four FBDE V, 201E (S Nos. P20IlC one bagfdter(2,j64 square NSl'S F13DELV, F20L'LV, OSELV and feet of filter area F20BLKEL FBmDSCBN one screen F20BC one bagfrlter(2,'64 square Sl'S I feet of(liter area ES-BC siz 24-inch wide hell conveyors(1D F20BC one bagfrter(2,264 square (NSFS) ros.ACONV,IICO.W,B3CONV, feet of filter area) B4CONV, IISCONV and F20D7%Cj I ES-I31. five bulk loadouts ]D Nos one be Cdter(2,264sq uare 20BC ( g F20BLKLD, F20LD2,F20LD3, feet of filter area) F20LD4 and F20LD5) _ (S-SC fear screw conveyors(1D Nos.) P20BC one bagfiltcr(2,)64 square NSFS) SCB2, SCB3, SCB4 and SCDS feet of filter area ��ES-SB five storage bins 1D Nos. F20 I], F20BC 1one b6 filter 2,264 square F20B2, F20B3, 20B4 and F20B5) feet of filter area) q 6PM Pebble Mill No. 6 with feeder PM6BC one cartridge-type filter(3,G 16 square Ceef oC Gller arcs) '� MSl one magnetic separator MS�aI one bagBltex (804 square fee[ I of Gltcr area) Permit No. 04082R19 Page 3 � Emission Emission Source -Con-troj-7 Control System — Souree ID Description System 1D J Description BL-I one Exolon Elevator' (I�MSc-1 one bagfilter(904 square feet w� L of filter area) FXSEP one separator on Felex system FXBC one bagfilter(804 square feet of filter area) FXELV' one bucket elevator on Felex system one bagiiher(984 square feet FX40BC of filter area) t XIlB one holding bin for Felex system FX40BC one bagfilte j(984 square feet IL —7NSPS of filter area _ FXPKG one packaging system with 3 FX40BC —J one bagfilte)(984 square feet loadon s of Filter area ES-SB2 three storage bins(ID Nos, �FX40BC one bagfilter(984 square feet (NSPS) FX10120B,PXOSH and FX40B) IJ of Idler area) __—J F:S-SB3 two storage bins(ID Nos.All and A13BC one bagfilter(804 square feel BB) lof filter area) ( NE ) one rmll elevatoj ABDC one bagfiIIe;(804 square feet NSPS NE with enclosed feed screw and of Idler area conveyer ID No.NEB 1 �2T➢) one I2-lon storage brute Felex A➢BC onc�)(Sn_4 square feet • Si'S oversize of filter area Plant 2 F91)2 one natural gasMo.2 fuel ail-firedFFlID17e bagfilter (4,300 square (NSPS) ❑uid bed dryer(10.5 million Btu perfeet of filter areahour maximum heat input rate) with a maximum processing capacity of 25 tons per hour _ ti5-I one lime silo CD-1 one bagfilter(I80 square Feet of filter area) ��MS two magnetic sepazators (ID Nos MSc-2 one cartridge-type filter(468 MS-2a and MS-2b) ��� square feet of filter area) J ��EL2 one bucket elevator installed on MSc-2ns idge-type fil:a:(468 drying operatio I Ilsquare feel of filter area) SCS tsvo screw conveying systems (1D MSc-2 one cartridge-type Filter(468 (NSPS) Nos. SCS-1 and SCS-2) square fee[of filter area) BE-2 one bucket elevator D No BE-2 MSc-3 one ba filter 3,616 square C (NSPS) ) feet of filter area) (MSc-3) SCS-3 one screw conveyor MSc-3 one bagfilter(3,616 square _ (NSPS) I �� feet o(filter area) (MSc-3) J SC S-4 one silo storage S feet b feet o fi ne ba lter 3,GIGsquare (NSPS) ( y 8 MSc-3��feet of filter area) (MSc-3)_ ES-BC2-1 one 24-inch wide belt cone or MSe-3 one ba filter 3,616 s uare �� g 9 (NSPS) feet of filter area) (MSc-3) I • ES-BC2-2 one 24-inch wide belt conveyor MSc-3 one bagfilter(3,616 square 1 (NSYS) feet of filler area) (MSc-3) ES-MacC one Macawber pneumatic conveyor MSc-3 one bagfilter(3,616 square SPS)� (N - feet of filter area) (MSC-3) Permit No. 04082RI9 Page 4 •y r— Emission Emission Source ontrol Coutrol System Source ID Description SyCstem ID Description i Flint 3 J FBD3 propane-fired quartz (laid bed dryer PBD3c one vemmri wet scrubber(70 7.0 million Btu ex hour maximum sllons er minute P minimum�g P eat input)with a maxinum liquid injection rate) processing capacity of 15.0 is per hour 3-ELv Plant 3 elevator ID No. 3-EI_V BGH one ba filter 3,616 square (NSPS) ) � feet offilter area) 4-bin Plant 3 storage bin I BGH one bagfilter(3,616 square (NSPS) _ ��___ _ feet_of 07ter areal (-PKG Plant 3 packaging operation BGH — one bagm er(3, 16 square NSPS feet of filter area in accordance with the completed application 6100020.010 received October 17,2003 including any plans, specifications, previous applications, and other supporting data, all of which are filed with the Department of Environment and Natural Resources, Division of Air Quality (DAQ) and are incorporated as part of this permit. This permit is subject to the following specified conditions and limitations including any 1 TESTING, REPORTING OR MONITORING REQUIREMENTS: i A. SPECIFIC CONDITIONS AND LIAI TATI ONS I. Any air emission sources or control devices authorized to construct and operate above must be operated and maintained in accordance with the provisions contained herein. The Pennittee shall comply with applicable Environmental Management Commission Regulations, including Title 15A North Carolina Administrative Code (NCAC), Subchapter 2D .020212D .0509, 2D .0510, 21) .0515, 2D .0516, 2D .0521, 2D .0524 (40 CPR 60, Subparts 000 and UUU), 2D .0535, 2D .0540, 2D .1806, 2Q .0315 and 2Q .0711 . 2. EMISSION INVENTORY REQUIREMENT - At least 90 days prior to the expiration date of this permit, the Permittee shall submit the air pollution emission inventory report in accordance with 15A NCAC 2D .0202, pursuant to N.C. General Statute 143 215.65. The report shall be submitted to the Regional Supervisor, DAQ. The report shall document air pollutants emitted for the 2003 calendar year. The Regional Office will send information on how to submit the emissions inventory, along with a reminder to renew your permit, about six months prior to your permit expiration. If you do not receive this information, please contact the Regional Supervisor,DAQ. 3. PARTICULATE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0509 'Particulates from Mica or Feldspar Processing Operations;' for the sources including the dmup hopper with feeder (ID No. ESTI), conveyors (ID Nos. EST2, EST3, EST4,EST5, EST6, ESP7, ACONC,BCONV, B3CONV, B4CONV, 135CONV, F20BLKC, ES-HC2-1. ES-BC2-2, and ES-MacC), No. 1 Pebble Mill (ID No. F-1), fine grind storage silos (1D Nos. 1013, 1113, 12Q, 13B, 1413, t5B, 16B, 17B and 18B), bagging and loading operation and bucket elevator(iu Nos. P-7 and ELL), No. 4 Pebble Mill (ID No. H), enclosed pebble mill Permit No. 04082R19 Page 5 e. . 1 process (ID No. NM; Pebble Mill No. 5), fluid bed dryer(ID No. FBD 1), bucket elevators (ID Nos. FBDELV, F20ELV, OSELV, F20BLKELV, FXELV, BE-2 and EL2), screen (1D No. FBDSCRN), bulk loadouts (ID Nos. F20BLKLD, F20LD2, F20LD3, F20LD4 and F20LD5), screw conveyors (ID Nos. SCB2, SC133, SCB4, SCB5, SCS-1, SCS-2, and SCS- 3), storage bins (F20'B1, F20B2, F20B3, F20B4; F20B5,'FX10/20B, FXOSB, FX40B, A13, BB, 12TB, and SCS-4), pebble mill No. G with feeder (ID No. #GPM), magnetic separators (ID No. MSc-1, MS-2a and MS-2b), Exolon Elevator (ID No. BE-1), Felex system (ID No. FXSEP), holding bin (ID No. FXHB), packaging system with three loadouts (ID No. FXPI>'_� el�u xniii elevator LLJ No. N and the fluid bed dryer ID No. FBD2 with 1, p ( ), y ( ) enclosed feed screw and conveyor (1D No. NEB), the following limitations shall apply: a. Particulate matter emissions that are discharged from any chinulcy, stack, vent, or outlet shall not exceed allowable emission rates. The-'allowable emission rates are, as defined in 15A NCAC 2D .0509, a function of the process weight rate and shall be determined by the following equations(s), where P is the process throughput rate in tons per hour (tons/hr) and E is the allowable emission rate in pounds per hour (lb s/hr). E = 4.00 * (p) 0,677 for P <= 30 tons/hr, or E = 20.421 * (13) O'1977 for P > 30 tons/hr, but < 1,000 tons/hr, or E =38.147 * (p)11.1072 for P >= 1000 tons/hr, but < 3,000 tons/hr, or + E= 90.00 lbslhr for P >= 3,000 tons/hr b. Fugitive non-process dust emissions shall be controlled in accordance with 15A NCAC 2D .0540 "Particulates from Fugitive Non-Process Dust*Einission Sources." c. Particulate emissions from the conve_.vors, screens and traynsfel-points shall uc controlled in accordance with 15A NCAC 2D .0521 "Control of Visible Emissions," or with 15A NCAC 2D .0524 "New Source Performance Standards," as applicable. d. The Permittee of any mica or feldspar plant shall control process-generated emissions: i. From crushers with wet suppression, and ii. From conveyors, screens, and transfer points, such that the applicable opacity standards in Rule .0521 or .0524, of this Section, are not exceeded. 4. PARTICULATE CONTROL REQUIREMENT -As required by 15A.NCAC 2D .0510 "Particulates from Sand, Gravel, or Crushed Stone Operations," the following requirements apply: a. The Permittee of a sand, gravel, or crushed stone operation shall not cause, allow, or ' pernut any material to be produced, handled, transported, or stockpiled without taking measures to reduce to a minimum any particulate matter from becoming Permit No. 04082R19 Page 6 airborne to prevent exceeding the ambient air quality standards beyond the property line for particulate matter,both PM10 and total suspended particulates. b. Fugitive non-process dust emissions from sand, gravel, or crushed stone operations snail be controlled by 15A NCAC 2D .0540 "Particulates from Fugitive Non-Process Dust Emission Sources." c. The Permittee of any sand, gravel, or crushed stone operation shall control process- generated einicrions: i. From crushers with wet suppression; and ii. From conveyors, screens, and transfer points such that the applicable opacity standards in 15A NCAC 2D .0521 Control of Visible Emissions," or 15A NCAC 2D .0524 "New Source Performance standards" are not exceeded. 5. PARTICULATE CONTROL REQUIRES ANT -As required by 15A NCAC 2D .0515 "Particulates from Miscellaneous Industrial Processes," particulate hatter emissions from the lime silo (ID No. .ES-I) and the propane-fired quartz fluid bed dryer (ID No. FBD3) shall not exceed allowable emission rates. The allowable emission rates are, as defined in 15A NCAC 2D .0515, a function of the process weight rate and shall be determined by the following equation(s), where P is the process throughput rate in tons per flour (tons/lir) and E is the allowable emission rate in pounds per hour(lbs/hr). E =4.10 * (P) 0-17 for P <= 30 tons/hr, or E = 55 * (P) "" - 40 for P >30 tons/hr 6. SULFUR DIOXIDE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0516 "Sulfur Dioxide Emissions from Combustion Sources," sulfur dioxide emissions from the natural gas/No. 2 fuel oil-fired fluid bed dryers (ID Nos. FBDI and FBD2) and the propane- fired fluid bed dryer (ID No. FBD3) shall not exceed 2.3 pounds per million Btu heat input. 7. VISIBLE EMISSIONS CONTROL REQUIREMENT - As required by 15A NCAC 2D .0521 "Control of Visible Emissions," visible emissions from the dump hopper with feeder (ID No. EST1), pebble mills (ID Nos. H and NM), railcar sand loading operation (ID No. C- S), fluid bed dryer (ID No. FBD1), storage bins (1D Nos. F20B 1, F20I32, F 20B3 and F20B5), Felex system (ID No. FXSEP), packaging system with 3 loadouts (ID Nos. FX10/20B, FXOSB, and FX40B), lime silo (ID No. 1), magnetic separators (ID Nos. MS-1, MS-2a, and MS-2b), propane-fired fluid bed dryer (ID No. FBD3), and packaging operation (ID No. 5-PKG),manufactured after July 1, 1971, shall not be more than 20 percent opacity when averaged over a six-minute period, except that six-minute periods averaging not more than 87 percent opacity may occur not more than once in any Dour nor more than four times in any 24-hour period. However, sources which must comply with 15A NCAC 2D .0524 "New Source Perforniance Standards" or .I 110 "National Emission Standards for hazardous Air Pollutants" must comply with applicable visible emissions requirements contained Yt i ri I--V1 Vlll• Permit No. 04062R19 Page 7 .i 8. VISIBLE EMTSSIONS CONTROL REOUIREMENT - As required by 15A NCAC 2D .0521 "Control of Visible Emissions," visible emissions Gam the No. 1 Pebble Mill (ID No. F-1), storage silos (10B, 11 B, 12B, 13B, 1413, and 15B), bagging and loading operation (ID No. F-7), bucket elevator(1D No. ELL), bulk loadouts (ID Nos. F20BLKLD, F20LD2, F20LD3, F20LD4 and F20LD5), Pebble 1VIil1 No. 6 with feeder(ID ivo. #6viv Exolon Elevator (ID No. BEA), storage bins (ID Nos. AB and BB), and bucket elevator(ID No. EL2), manufactured as of July 1, 1971, shall not be more than 40 percent opacity when averaged over a six-minute period, except that six-minute periods averaging not more than 90 percent opacity may occur not more than once in any hour nor more than four times in any 24-hour period. However, sources which must comply with 15A NCAC 2D .0524 "New Source Perfonmance Standards" m .1110 "National Emission Standards for Hazardous Air Pollutants" must comply with applicable visible emissions requirements contained therein. 9. 15A NCAC 2D .0524 "NEW SOURCE PERFORMANCE STANDARDS" - For the emission sources, the Permittee shall comply with all applicable provisions, including the notification, testing, reporting, recordkeeping, and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 2D .0524 "New Source Performance Standards" (NSPS) as promulgated in 40 CFR 60, Subpart 000, including Subpart A "General Provisions." Table 1. Affected Facilities (Stack Emission) Ill Number Source Description 16B, 17B and LSB fine grind storage silos FBDELV, F20ELV, OSELV and four bucket elevators F20BLKFLV FBDSCRN one screen ACONV, BCONV, B3CONV, 134CONV, six 24-inch wide belt conveyors BSCONV and F20BLKC SCB2, SC133, SCB4, SC135, SCS-1, seven screw conveyors SCS-2, and SCS-3 FXELV one bucket elevator on Felex system FXHB - one holding bin for Felex system FX10/20B, FXOSB, FX40B, and SCS-4 four storage bins/silos NE and NEB one pebble mill elevator with enclosed feed screw and conveyor 12TB one 12 ton storage bin for Felex oversize 3 FLV and 4-bin one elevator and storage bin Permit No. 04082R19 Page 8 L Table 1. A]lected Facilities (Stack Emission) - BE-2 one bucket elevator 3-ELV AND 4-bin elevator and storage bin BC2-1, BC2-2 and MacC three conveyors Table 2. Affected Facilities (Fugitive Emissions) ID Number Source Description EST2, EST3, EST4, ESTS, EST6, AND belt conveyors EST7 a. NSPS Reporting Requirements - In addition to any other notification requirements to the Environmental Protection Agency(EPA), th. Permittcc is required to NOTIFY the Regional Supervisor, DAQ, in WRITING, of the following: L The date construction (40 CFR 60.7) or reconstruction (40 CFR 60.15) of an affected source(s) is commenced, postmarked no later than 30 days after such date. This requirement shall not apply in the case of mass-produced facilities which are purchased in completed form; ii. The actual date of initial stnrt-up of an affected facility,postmarked or thin 15 days after such date; b. NSPS Emissions Limitations - As required by 15A NCAC 2D .0524, the following - permit limits shall not be exceeded: Affected Facility (stack emission smu'ces listed in Table 1) Pollutant Emission Limit - _1 0.05 grams per day All sources listed in Table 1 Particulate Maticr (standard cubic Al] sources listed in Table 1 Visible Fmissions 7% opacity Affected Facility fu itive emission sources listed in 1 olhrtant Emission Limit •` (fugitive gJ Table 2)-_^% ]�+ crushers Visible Emissions 15% opacity fugitive emissions from conveyor belts, Visible Emissions 10%opacity lisorecnine ootiws, era aid other affected Permit No. 04082R19 Page 9 • Affected Facility (fugitive emission sources listed in Pollutant Emission Limit Table 2) facilities ���� _ fugitive emissions from conveyor belts and Visible Emissions 0/ o acit other affected material) ies (that pmces�� D p� saturated material c. NSPS Performance Testine- As required by 15A NCAC 2D .0524, the following performance tests shall be conducted: ((I'' Affected Facility Pollutant - Test Method j IAII sources in Tables I and 2 Visible Emissions Method 9 All sources in Table I (controlled by filters) Particulate Matter Method 5 i. All performance tests shall be conducted in accordance with EPA Reference Methods, contained in 40 CPR 60, Appendix A. • ii. The EPA Administrator retains the exclusive right to approve equivalent and alternative test methods, continuous monitoring procedures, and reporting requirements. in. Within 60,(lays after achieving the maximum production rate at which the source(s) will be operated, but not later than 180 days after the initial start-up of the affected source(s), the Permittee shall conduct the required performance test(s) and submit a written report of the test(s) to the Regional Supervisor, DAQ. iv. The Permittee shall be responsible for ensuring, within the limits of practicality, that the equipment or process being tested is operated at nor near its maximum normal production rate or at a lesser rate if specified by the Director or his delegate. v. All associated testing costs are the responsibility of the Permittee. vi. In determining compliance with 40 CFR 60.672(e), the Permittee shall use Method 22 to determine fugitive.emissions. The performance test shall be conducted while all affected sources inside the building are operating. vii. At least 45 days prior to performing any required emissions testing, the Permittee must submit a testing protocol to the Regional Supervisor, DAQ for review and approval. All testing protocols must be approved by the DAQ prior (o performing such tests. Permit No, 04082RI9 Page 10 •. Y viii. To afford the Regional Supervisor, DAQ, the opportunity to have an observer present, the Pennittee shall PROVIDE the Regional Office, in WRITING at least 15 days notice of any required performance test(s). d. Like-For-Like-Replacement - As provided in 40 CFR 60.670(d), when an existing source is replaced by a piece of equipment of equal or smaller size, as defined in 40 CFR 60.671, having the same function as the existing source, the new source is exempt from the provisions of 40 CFR 60,672, 60.674, and 60.675 except as provided for in 60.670(d)(3). The Pennittee shall comply with the reporting requirements of 40 CFR 60.676(a). Equipment covered under 40 CFR 60,670 shall comply the requirements of 15A NCAC 2D .0521. 10. 15A NCAC 2D .0524 "NEW SOURCE PERFORMANCE STANDARDS" - For the following equipment, The Pennittee shall comply with all applicable provisions, including the notification, testing, reporting,recordkeeping, and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 2D .0524 "New Source Performance Standards" (NSPS) as promulgated in 40 CFR 60, Subpart indicated below, and including Subpart A "General Provisions." Emission Source(s) Regulation Two natural gas/No. 2 fuel oil-fired fluid bed dryers (11 Nos. FBD I and Subpart-UUUj a. NSPS Reporting Requirements - In addition to any other notification requirements to the Enviromnental Protection Agency(EPA), the Pennittee is required to NOTIFY the Regional Supervisor, DAQ, in WRITING, of the following: i. The date construction (40 CFR 60.7) or reconstruction (40 CPR 60.15) of an affected source is commenced, postmarked no later than 30 days after such date. This requirement shall not apply in the case of mass-produced facilities which are purchased in completed fora; ii. The actual date of initial start-uu of an affected source, postmarked within 15 days after such date; b. NSPS Emissions Limitations - As required by 15A NCAC 2D .0524, the following permit limits shall not be exceeded: _Affected Facility Pollutant Emission Limit laid)ed dryers (W Nos. FBDI and Visible F_m+Qsmns 10°! opacity'J FBD2 Fluid bed dryers (ID Nos. FBDI and Particulate Matter =cusbipT per (try PBD2) s� c. NSPS Perf mnance Testiii - As required by 15A NCAC 2D .0524, the following performance tests shall be conducted: • s Permit No. 04082R19 Page 11 �� Affected Facility Pollutant Test Method 1 Fluid bed dryer (ID Nos. FBDI and FBD2) Visible Emissions Method 9 _ Fluid Ued dryer (ID Nos. FBD] and FBD2) Particulate Matter Method S i. All performance tests shall be conducted in accordance with EPA Reference Methods, contained in 40 CFR 60, Appendix A. it. The EPA Administrator retains the exclusive right to approve equivalent and alternative test methods, continuous monitoring procedures, and reporting requirements. - iii. Within 60 days after achieving the maximum production rate at which the equipment will be operated, but not later than 180 days after the initial start- up of the equipment, the Permittee shall conduct the required performance test(s) and submit a written report of the test(s) to the Regional Supervisor, DAQ. iv, The Permittec shall be responsible for ensuring, within the limits of practicality, that the equipment or process being tested is operated at or near its maximum normal production rate or at a lesser rate if specified by the • Director or his delegate. V. All associated testing costs are the responsibility of the Permittee. 1 L NOTIFICATION REQUIREMENT - As required by 1SA NCAC 2.D .0535, the Penmittee of a source of excess emissions that last for more than four hours and that results from a malfunction, a breakdown of process or control equipment or any other abnormal conditions, shall: a. Notify the Director or his designee of any such occurrence by 9:00 a.m. Eastern time of the Division's next business day of becoming aware of the occurrence and describe: i. the name and location of the facility, ii, the nature and cause of the malfunction or breakdown, iii. the time when the malfunction or breakdown is first observed, iv. the expected duration, and V. an estimated rate of emissions. b. Notify the Director or his designee immediately when the corrective measures have - been accomplished. � This reporting requirement does not allow the operation of the facility in excess of Environmental Management Commission Regulations. Permit No. 04082RI9 Page 12 12. PARTICULATE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0540 "Particulates from Fugitive Non-process Dust Emission Sources," the Permittee shall not cause or allow fugitive non-process dust emissions to cause or contribute to substantive complaints. a. 1f fugitive non-process dust emissions cause or contribute to substantive complaints, the Permittee shall: i. Within 30 days upon receipt of written notification from the Director of a second substantive complaint in a 12-month period, submit to the Director a written description of what has been done acid what will be done to reduce fugitive non-process dust emissions from that part of the facility that caused the second substantive complaint; ii. Within 90 days of receipt of written notification from the Director of a second substantive complaint in a 12-month period, submit to the Director a control plan as described in 15A NCAC 2D .0540(e); and in. Within 30 days after the Director approves the plan, be in compliance with the plan. b. The Director may require that the Permittee develop and submit a fugitive non- process dust control plan as described in 15A NCAC 2D .0540(e) if: O i. Ambient air quality measurements or dispersion modeling acceptable to the DAQ show violation or a potential for a violation of an ambient air quality standard for particulates in 15A NCAC 2D .0400 "Ambient Air Quality Standards;" or ii. if DAQ observes excessive fugitive non-process dust emissions from the facility beyond the property boundaries. The control plan shall be submitted to the Director no later than 90 days after notification. The facility shall he in compliance with the plan within 30 days after the Director approves the plan. 13. CONTROL AND PROHIBITION OF ODOROUS EMISSIONS - As required by 15A NCAC 2D .1505 "Control and Prohibition of Odorous Emissions" the Permittee smolt not operate the facility without implementing management practices or installing and operating - odor control equipment sufficient to prevent odorous emissions from the facility from causing or contributing to objectionable odors beyond the facility s boundary. 14. LLYIITATION TO AVOID 15A NCAC 20 ,0501 -Pursuant to 15A NCAC 2Q .0315 "Synthetic Minor Facilities," to avoid the applicability of 15A NCAC 2Q .0501 "Purpose of • Section and Requirement for a Permit," as requested by the Permittee, facility-wide emissions shall be less than the fallowing: Pollutan mission Limit (Tons per consecutive 12-nmonth period PM 10 100 Permit No. 04082R19 Page 13 r a. Inspection and Maintenance Requirements - i. Bagfllter Requirements - Particulate matter emissions shall be controlled as described in the pemlitted equipment list. To comply with the provisions of this permit and ensure that emissions do not exceed the regulated limits, the Permittee shall perform periodic inspections and maintenance (I&M) as recommended by the manufacturer. In addition, the Pennittee shall perform an annual internal inspection of each bagfilter system. ii. :PM-Scrubber (Venturi)gquirclnents -Particulate matter emissions shall be controlled as described in the permitted equipment list. To comply with the provisions of this permit and ensure that emissions do not exceed the n n..l..tr.+•.r 1; '4.. 41-I. T��_.._ 'u.__ t -ti r r��Li ato y ialM�a, LUe U ei�i HLGG shall pC rIOrin per10a1C lllSpeCl]0115 and maintenance (I&1VM) as recommended by the manufacturer. In addition, the Permittee shall perform an annual internal inspection of each scrubber system. As a minimum, the annual internal inspection will include inspection C..„_..._. ____1__ i_ - + r of spray nozzles, cricnncal iced systems (if so equipped), and cleaning/calibration of all associated instrumentation annually. ill. Cyclone Requirements - Particulate matter emissions dial] he r_.ontrolled as described in the permitted equipment list. To comply with the provisions of this permit and ensure that emissions do not exceed the regulatory limits, the Permittee shall perform periodic inspections and maintenance (I&I M) as recommended by the manufacturer. Ili addition, the.Permittee shall perform an arnivaI inspection of each cyclone system. b. I2ecord keep ill Requirements - i. A log book shall be kept on site for each control device and made available to Division of Air Quality personnel upon request. The Permittec shall record all inspection, maintenance and monitoring requirements listed above in the log book. Any variance from the manufacturer's recommendations shall be investigated with corrections made and date of actions recorded in the log book. 15. TOXIC AIR POLLUTANT EMISSIONS LIMITATION REQUIREMENT - Pursuant to 15A NCAC 2Q .0711 "Emission Rates Requiring a Permit," for each of the below listed toxic air pollutants (TAPs), the Pennittee has made a demonstration that facility-wide actual emissions do not exceed the Toxic Permit Emission Rates (TPERs) listed in 15A NCAC 2Q .0.711. The facility shall be operated and maintained in such a manner that emissions of any ]listed TAPs from the .facility, including fugitive emissions, will not exceed TPERs listed in 15A NTCAC 2Q .071 I. _ a. A permit to emit any of the below listed TAPs shall be required for this facility if _1 actual emissions from all sources will become greater than the corresponding TPERs. Permit No. 04082R19 Page 14 •! b. PRIOR to exceeding any of these listed TPERs, the Pennittee shall be responsible for obtaining a permit to emit TAPS and for demonstrating compliance with the requirements of 15A NCAC 2D .1100 "Control of Toxic Air Pollutants". c. In accordance with the approved application, the Pennittee shall maintain records of operational information demonstrating that the TAP emissions do not exceed the - TPERs as listed below: Carcinogen Chronic Acute S stenic Acute Pollutant L (Iblyr; J� Toxicants Toxicants I(ritan)s Ib/da Ib/hr Iblbr Hydrogen fluoride I (hydrofluoric acid as mass of FO.63HF- Com)onent ofJ Fluorides E] B. GENERAL CONDITIONS AND LIMITATIONS I. REPORTS, TEST DATA MONITORING DATA NOTIFICATIONS, AND REQUESTS FOR RENEWAL shall be submitted to: •� Paul K. Muller,P.E. Regional Air Quality Supervisor North Carolina Division of Air Quality Asheville Regional Office 59 WoodSn Place Asheville, NC 28801-2482 (828) 251-6208 2. RECORDS RETENTION REQUIREMENI' - Any records required by the conditions of this permit shall be kept on site and made available to DAQ personnel for inspection upon request. These records shall be maintained in a form suitable and readily available for expeditious inspection and review. These records must be kept nil site for a minimum of 2 years, unless another time period is otherwise specified. 3. PERMIT RENEWAL REQUIREMENT,- The Permitter, at least 90 days prior to the expiration date of this permit, shall request permit renewal by letter in accordance with 15A NCAC 2Q .0304(d) and (I). Pursuant to 15A NCAC 2Q .0203(i), no permit application fee is requited for renewal of an existing air permit. The renewal request should be submitted to the Regional Supervisor, DAQ. 4. ANNUAL FEE PAYMENT - Pursuant to 15A NCAC 2Q .0203(a), the Pennittee shall pay • the annual permit fee within 30 days of being billed by the DAQ. Failure to pay the fee in a timely manner will cause the DAQ to initiate action to revoke the permit. Permit No. 04082R19 Page 15 r 5. EQUIPMENT RELOCATION - A new air permit shall be obtained by the Pennittee prior to establishing,building, erecting, using, or operating the emission sources or air cleaning equipment at a site or location not specified in this permit.. 6. This permit is subject to revocation or(modification by the DAQ upon a detennination that information contained in the application or presented in the support thereof is incorrect, conditions under which this pen-nit was granted have changed, or violations of conditions contained in this permit have occurred. The .facility shall be properly operated and iitiiiiLaiA,�,u aL all limes in a lrianner L[IM ��Y'I11 eI.],ect an overall reduction in aIr pollution. Unless otherwise specified by this.permit, no emission source maybe operated without the concurrent operation of its associated air cleaning-device(s) and appurtenances. 7. REPORTING REQUIREMENT - Any of the following that would result in previously unpermitted, new, or increased emissions must be reported to the Regional Supervisor, DAQ: a. changes in the information submitted in the application regarding facility emissions; b. changes that modify equipment or processes of existing permitted facilities; or c. changes in the quantity or quality of materials processed. iIf appropriate, modifications to the permit may then be made by the DAQ to reflect any necessary changes in the permit conditions. In no case are any new or increased emissions allowed that will cause a violation of the emission limitations specified herein. S. This permit is nontransferable by the Permittee. Future owners and operators niust obtain a new air permit from the DAQ. 9. This issuance of this permit in no way absolves the Permittee of liability for any potential civil penalties which may be assessed for violations of State law which have occurred prior to the effective date of: this permit. 10. This pen-nit does not relieve the Permittee of the responsibility of complying with all applicable requirements of.any Federal, State, or Local water quality or land quality control authority. 11. Reports on the operation and maintenance of the facility shall be submitted by the Permittee to the Regional Supervisor, DAQ at such intervals and in such form and detail as may be required by the DAQ. Infonnation required in such reports may include, but is not Iimited to, process weight rates, firing rates, hours of operation, and preventive maintenance schedules. 12. A violation of any teen or condition of this permit shall subject the Permittee to enforcement pursuant to G.S: 143-215.114A, 143-215.114B, and 143-215.114C, including assessment of • civil and/or criminal penalties. 13. Pursuant to North. Carolina General Statue 143-215.3(a)(2), no person shall refuse entry or access to any authorized representative of the DAQ who requests entry or access for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying Permit No. 04082RI9 Page 16 J out his official duties. Refusal of entry or access may constitute grounds for permit revocation and assessment of civil penalties. 14.The Permittee must comply with any applicable Federal, State, or Local requirements governing the handling, disposal, or incineration of hazardous, solid, or medical wastes, including the Resource Conservation and Recovery Act (RCRA) administered by the Division of Waste Management. 15. PERMIT RETENTION REQUIREMENT - The Permittee shall retain a current copy of the air permit at the site. The Permittee must make available to personnel of the DAQ, upon request, the current copy of the air permit for the site. I6 CLEAN AIR ACT SECTIO,d ' 2&i ikEOUREMENTS -Pursuant to 40 CFR Part 68 "Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)," if the Permittee is required to develop and register a risk management plan pursuant to Section 112(r) of the Federal Clean Air Act, then the - Porriittee is required to register this plan in accordance with 40 CTR Part 68. 17. PREVENTION OF ACCIDENTAL RELEASES - GENERAL DUTY - Pursuant to Title I Part A Section 112(r)(1) of the Clean Air Act "Hazardous Air Pollutants-Prevention of Accidental Releases -Purpose and General Duty,' although a risk management plan may not . be required, if the Permittee produces, processes, handles, or stores arty amount of a listed hazardous substance, the Permittee has a general duty to take such steps as are necessary to prevent the accidental release of such substance and to minimize the consequences of any release. ]'his condition is federally-enforceable only. Permit issued this the 15" of January 2004. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Paul K. Muller, P.E. Regional Air Quality Supervisor By Authority of the Environmental Management Commission Air Permit No. 04082R19 • D I • • ATTACHMENT to Permit No. 04082RI9, January 15, 2004 Insignificant/Exempt Activities 1 � - Source Date of Exemption I Source of I Source of Title V _J_ ,ApplicatioJ __ Regulation TAPS? I _ Pollutants? �I-WS - wet 2Q .0102 — 3/7l2003 — No No l . Because an activity is exempted from being required to have a permit or permit modi iication does not mean that die activity is exempted from an applicable requirement or that the owner of opumtor of the source is exempted from demonstrating compliance with any applicable requirement. 2. When applicable, emissions from stationary source activities identified above shall be included in determining compliance with the permit requirements for toxic air pollutants under 15A NCAC 2D .1100 "Control of Toxic Air Pollutants' or 2Q .0711 "Emission Rates Requiring a Permit." I • • Permit NC0000353 STATE OF NORTH CAROLINA •� DEPARTMENT OP ENVIRONM0','T AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER TINDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina Ceneral Statute 143-215.3, other lawful standards and regulations promulgated and adopted by the North Carolina Envirorunental Management Commission, and the Federal Water Pollution Control Act, as amended, The Feldspar Corporation is hereby authorized to discharge.wastewater from a facility located at The Feldspar Corporation. NCSR 1121 Spruce Pine Mitchell County to receiving waters designated as the North Toe River in the French River Basin in accordance with effluent, limitations,monitoring requirements,and other conditions set forth in Parts I, 11, I11 and IV hereof. This permit shall become effective August 7., 2004 This permit and authorization to discharge shall expire at midnight on February 28, 2006. Signed this clay June 23, 2004 -JAlan W.Klimek, P.H.,Director Division of Water Quality •) By Authority of the Environmental Management Commission . Permit NCO000353 SUPPLEMENT TO PERMIT COVER- SHEET All previous NTPDES Permits issued to this facility,whether for operation or discharge are hereby revoked, and as of this 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. The Feldspar Corporation is hereby authorized to: 1. Contiz-iue operation of a.3.5 MGD wastewater treatment facility consisting of: • three clarifiers, • polymer feed system, • Lime feed system for pH adjustment, • Vacuum filters, • Ernico clarifa.er/thickener, • Pump station emergency generator, • flow measuring and totalizing equipment and • two recycle pumps. The facility is located at The Feldspar Corporation off NCS1Z 1.121 south of Spruce Pine in 1 Mitchell County. 2. Discharge treated wastewater from said treatment works through outfall 001: and non- contact cooling water from outfalls 002 and 003 [at the locations specified on the attached znap] into the North Toe River, which is classified C Trout waters, i�-1 the French Broad River Basin. ��j fil d w a " 7 4 �' r ell, h e 3''Rt e t. ` � n l a y� � I � , X R P r A -Y. '^Y5 �'1' � t� i� 11w'�. Hr�/ `l� yy ti -w>* ��'",-� HV{e 30 . �"F �pf NA�dd�f� Y t �3 el x \ x Q oo pLT x� i?fxe o 3 �aay .a"' 9" ., „ I Y ei Ss7tucePiae YJ�ri 3rca'm�� > 1 /\T r Y � h >rr11 le, T Infee l {� Fee R r i w F d '` � pp �u tlYF 1'yti �t Ii ��'" ti l% 1J e- �1Y1 �!` �V 1 � B:nr 11 i .;A> ,� .f �, Qv fe fA -�� - i 7s1{ z� 17ow s �y 1 ;> f ������ _ fee 7 le 1 a Y Y r f life,eli life If.III YII f w� ref +�.Y"S idi s�( P .1'7�•�t kill, effe�Ill fell; if Ifr- & mf fee efe o x 't„ .,ti t , If ,tt�-' '�, Y O ^*�' si o «� N,'.''� ",\ c c Ev 5n „t x�' - Id feef rPl � Y � '� a t a �'xfee ..r'-i el" 1�' 1Jew, i, �.,� 1� e,\� x iiiffel' , C 3 t �- i7` r',�1 /-�1i Yti.=..f ,S:A L4 ,L Y a �p 1 9 ,'t !j �-.� r"7+' 1 e if f s ty fee«a, ` > '� x� x �egJ n- v-0 ( �,�4. r "n 4� V va,.7•J:� 'ele;' .. �" Facility Information - Facilityfee': �>rr - �' �. �pLone: 85054'16- 629)3'47"-001; 35-1 82573'40"-002 Location '� 35.54'17" 820142"- 003 Quad k D10NE Subbasin: 040306 Receiving Stream: Norti'Lbe River Stream Class: G'hwt North Pemu Flory: 3.5 MGD mumou cm�w • . Permit NC0000353 PART I., SECTION A. •il A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 10011 During the period beginning on the effective date of the permit and lasting until Uninrtn Corporation-Civstal Operation (NC0084620):nitrates direct discharge to the North Toe River or expiration, the Pernuttee is authorized to discharge process wastewater from outfall 001, Such discharges shall be limited and monitored by the - Permittee as specified below: 4f" �i, gr"'o-S�tiy� D' [utroetT 'i rio 3 ,p `+TIur° ' *s + e�`s�`5.. watt} #"xr{ < { n�SO�1TORIM1btgEQL(RI ?tHLl15g '+ t r_ "'lo FTEa arse r eiarrK t xrdf a R#`b3GX 4i.d a ,t + .e�P rw rg a+, 1Ji dx+,_ ILK n y3 a}7 ice_ n n c tr,Ka�It 6 i [ 'r3+ 3 �' � r i6 n* 4K �aue is + ' "� `sde It oLLLLz r .."I % t 1 L7 wti Cis 'r x. .s`' z � t' 'T a .S. r,.. Flow 3 5 MGD Continuous Recording Influent or Effluent "Total Fluoride 225 pounds/clay 4A8 pounds/day Daily Composite Effluent U. D Total Suspended Solids 1568 pounds/day 3137 pounds/day Daily Composite Effluent Settleable Solids Daily Grab Effluent .Turbiditya - Daily Grab Effluent, U. D pHs Daily Grab Effluent U, D Chloride° Quarterly Composite F,Itluent Chronic Tom id tys Quarterly Composite Efluent Notes: - 1. U: upstream at the A'ltapass Road highway bridge: D: downstream at the footbridge m Spruce Pine. Instream samples shall be grab samples collected 3/week. 2. This discharge shall not increase the turbidity of the receiving waters more than 10 NTU. If the rabidity exceeds 10 NTU due to natural background conditions, the discharge shall not cause any increase in mrbidity of the receiving water. 3 The pH shall not be less than 6.0 standard units nor greater than 10'.0 standard units. 4. Chloride shall be monitored quarterly during the same months as toxicity testing. 5. Chronic Toxicity (Ceriodaphnio) Pass/Fail at ll.0%:January, April,July and October[see A. (5)]. There shall be no discharge of floating solids or visible foam in other than trace amounts. •p • Permit NC0000353 •yl A, (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [0011 During the period beginning when Unimin Corporation-Crystal Operation (NCO084620) initiates direct discharge to the North Toe River and lasting until expiration, the Permittee is authorized to discharge process wastewater from outfal,yl 001, Such discharges shall Se linuted and monitored by the Permittee as specified below. R$]u. 4 ['' i•' a.� e(i }Clt'('n a df,' °: J6" it`3',' , ' es ' a+c "` +-s I�(MIT4�Tlr � tiS �OTIT Rl� 1�e QLiRE�1CrA I�S�tr�F 1'=PA12lrAfEPEA � "a N4 1C le a 9 ear r u st t t f � eta ❑ 1 rVD P v(r m ,�„�s , S y AEI „['+ISw r e t 1 Al" s , w s rr a 1 ^d �€ xLrr t en nrk 9 t x_. ;i� #.eea r< .".^ 4��'i s.. ._1$r ,a Flow 3.5 MOD� Continuous Recording Influent or Effluent Total Fluoride l74 pounds/day 348 pounds/day Daily Composite Eftlucnt, U. D Total Suspended Solids 1566 Denims/day 3137 pounds/day Daisy Composite Effluent Settleable Solids Daily Grab Effluent Turbidity% Daily Grab Effluent, U. D pHa Daisy Grab Effluent. U. D Chloride^ Quarterly Composite Fffluent Chronic Toxicity= Quarterly Composite Effluent Notes: ®�) 1. U:upstream at the Altapass Road highway bridge. D: downstream at the footbridge in Spruce Pine, 1 Instream samples shall be grab samples collected 31week. 2. This discharge shall not increase the turbidity of the receiving waters more than 10 NTU. If the turbidity exceeds 10 NTU due to natural background conditions;the discharge shall not cause any increase in hfrbidity of the receiving water. 3. The pH shall not be less than 6.0 standard units nor greater than 10.0 standard units. 4. Chloride shall be monitored quarterly during the same months as toxicity testing. 5. Chronic Toxicity (Cenodaphnia)Pass/Fail at 11.0%:lanuary, April,July and October [see A. (5)]. There shall be no discharge of floating solids or visible foam in other than trace amounts. jll . • permit NC0000353 A. (3) I-FPLUENT LIMITATIONS AND MOA'ITORING RBQUIIZENILLNTS [0021 ely' During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is l authorized to discharge non-contact cooling water from outfall 002 (Fine Grind and Plant Number 1). Such discharges shall be limited and monitored by the Permittee as specified below: ,�2 �r ✓.vfti 1 1`w LFl] UL11f LIMIT?\ IONS 'vw n MO�'ITOAINE R UIRD11L1TS y i1, i n 1 i x+ :_ a, ,1 : <. - r rc TrT[—t t 11 we sue' Y •j x S; .t r e 9 1i 4yi"eE Iy 111i , � F 1 D I AJ Y lt. 3c 4 .. .µ b AI IT rc a 5au l hfw�d Flow. Monthly Recording Influent ar Effluent Temperature 2 2 Monthly Grab Effluent Total Residual Chlorines 28 rig/1 Monthly Grab Effluent, U, D PH >6.0 and <9.0 standard units Monthly Grab ]Effluent Notes: 1. U: upstream, D,: downstream. hhstream samples shall be grab samples collected 3/week. I The temperature of the effluent shall not cause an increase in the temperature of the reciving sit earn of mm'e than 0.5 degrees C and in no case cause the ambient water rexnperature to exceed 20.0 degrees C. 3. Limits and monitoring requirements only apply if chlorine is added to the non-contact cooling water. Chlorine limit becomes effective 18 months from issuance date of the permit (February 1, 2006). There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (4) EFFLUEN'C LIMITATIONS AND MONIT011 REQUIREMENTS [0031 During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorizedto discharge non-contact cooling water from outfa11003 (Fine Grind and Plant Numbcr 1). Such discharges shall be limited and monitored by the Permittee as specified below: y' � '"+ ' iR� 'x`� I Y'a,LHII[ FY Ci IMI1 �110NS St 1. hION1 ORI}C'lRF UI 2 L111 NI594'x' i.M uilk-, d�i. x✓�. y 5Pn12 VNl 1 Llta ✓" i 1Ifn`af D c t r t 1 E 5 nh L ruhhr Xr Ur r7A trj�".:1 `�i ✓✓•"J'+3 c��u 1 ly —f Jfn�pt'F4 r^ . UaoeGw now Monthly w Recording ~Influent or Effluent Temperature 2 2 Monthly Grab E Total Residual Chlorine' 28 pg/1 MonllUy Grab Effluent, U, D pH >6.0 and <9.0 standard units Monthly Grab E Notes: L U. upstream,D: downstream. Instream samples shall be grab samples collected 3/week. 2. The temperature of the effluent shall not cause an increase in the temperature of the receiving stream of more than 0.5 degrees C and in no case cause the ambient water temperature to exceed 20,a degrees C. 3. Chlorine limit becomes effective 18 months from issuance date of the permit (February 1, 2006). Limits and monitoring requirements only apply if chlorine is added to the non-contact cooling water. •�� There shall be no discharge of floating solids or visible foam in other than trace amounts. • • Permit NC0000353 A. (5) CI RONIC TOXICITY PERMIT LIMIT (Quarterly) •� The effluent discharge shall at no Lime exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia �I dubia at an effluent concentration of 11.0%. The permit holder shall perform at a minimum,guar monitoring using test procedures outlined in the"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,"Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test procedure" (Revised-February 1998)or subsequent versions. The tests will be performed during the months of January April July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If(he testprocedme performed as the first test of any single quarter results in a failure or.ChV below the permit limit, Linen multiple-concentration testing shall be performed at a minimum,in each of the two following momhs as described in"North Carolina Phase Il Chr on,'Vholc Effluent Toxicity Test limcedurB' (Revised-February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment ofreproductidn or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of"detectable impairment;' collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic'Wh olc Effl rent Toxicity Test Procedure" (Revised-February 1999) of subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent lli scharge b1onitoring Form(MR 1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP38 for the Chronic Value. Additionally,DWQ Form AT-3 (original)is to be sent to the following address' Attention'. North Carolina Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center •�� Raleigh,North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the and of the reporting period for which the report is made.. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentratiONresponse data, and be certified by laboratory supervisor and ORC or approved designate signature, Total residual chlorine of the effluent toxicity sample must be measured and reported ifchlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the Far mitice will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name,permit number,pipe number, county, and the monthlyear of the report with the notation of"No Flow" in the consment area of the form. The report shall be'subrtutted no the Environmental Sciences Branch at the address cited above. Should the Permiucc.fail to monitor during a month in which toxicity monitoring is required, nronitoriog.will be required during the following month Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream,this permit may be re opened and modified to Ind tide alternate monitoring requirements or limits. NOTE: Failure to achieve lest conditions as specified in the citeddocument, Such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. • • Permit NC0000353 A. (6)- BIOCIDES .I There shall be no chrmninm_ >inc or co added h tFe L-ea hnent system except as pre-approved additives to biocidal compounds. - The Pennittee shall obtain approval from the Division's Aquatic Toxicology Unit prior to the use of any biocide (not previously approved by the Division) in the effluent discharged under this permit. Approval for use of any biocide not previously approved should be requested at least 90 days in advance of any planned usage. Contact the Aquatic Toxicology Unit for detailed instructions on requesting approval of biocides: NC DENR/ DW Q/Aquatic Toxicology Unit 3621 Mail Service Center Raleigh, North Carolina 27699-1621 - A. (7) WASTEWATER DIVERSION Diversion or bypassing of untreated wastewater from the treatment facility is prohibited. A. (3) TUR133DITY REOPENER This permit shall be modified, or revoked and reissued to incorporate new turbidity effluent limitations in the event that violations of the turbidity standard of the North Carolina Water Quality Standard l occur as a result of this discharge. A. (9) SOLIDS REMOVAL Solids removed or resulting from the wastewater treatment process shall be contained and disposed of in such a manner as to prevent.any contamination of the surface waters of the State. A. (10) FLUORIDE REOPENER This permit shall be modified, or revoked and reissued to incorporate new fluoride effluent limitations in the event that acute or chronic bioassay testing or other studies results in a change in the North Carolina Water Quality Standard for fluoride- A. M.) PERMIT MODIFICATCONS This permit shall be modified, or revoked and reissued to incorporate new limitations in the event that production changes are requested or should any ncw fluoride using discharge request to locate on the North Toe River. Permit NCO000353 PART L, SECTION B. STORMWATER MONITORING, CONTROLS AND LI1\1IITATIONS FOR PERMITTED DISCHARGES 1 FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified below. J. Stormwater Pollution Prevention Plans The Permittee shall develop a Stornnwater Pollution Prevention Plan,herein after referred to as the Plan. The Plan shall be considered public information in accordance with Part 1I,Standard Conditions, Section E-10, of this permit. The Plan shall include, at a mini»zuzn, the following items: a. Site Plan: The site plan shall-provide a description of the physical facility and the potential pollutant sources which may be expected to,contribute to contaird nation of regulated stormwater discharges, The site plan shall'contain the following: (1) A general location map (USGS quadrangle map,or appropriately drafted equivalent map),showing the facility's location in relation to transportation routes and surface waters,and the name of the receiving water(s)to which the stormwater outfall(s)discharges, If the discharge is to a municipal separate storm sewer system,the name of the municipality and the ultimate receiving waters,and accurate latitude and longitude of the point(s)of discharge must be shown. (2) A narrative description of storage practices,loading and unloading activities, outdoor process areas, dust or particulate generating or control processes,and waste disposal practices. (3) A site map(or series-of maps)drawn to scale indicating the location of industrial activities(including storage of materials,disposal areas,process areas, and loading and unloading areas), drainage structures, drainage areas for each outfail and activities occurring in the drainage area,building locations rind impervious surfaces, existing BMPs,and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the regulated stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility duruig the 3 previous years and any corrective actions taken to mitigate spill impacts.. (5) Certification that tine outf411s have beeii k�vaivated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirernents found in Part 11, Standard Conditions,Section B.1I. b. Storinwater Management Plan: The stormwater managennent plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to storrriwater, including structural and non-structural pleasures. The stormwater management plan, at a minimum, shall incorporate the following: (?) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stonnwat.er. Wherever practical the Peranittee should consider covering storage areas, material handling operations, m7nufacturing . Permit NC0000353 or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practical,the stormwater management plan shall document the feasibility of diverting the stormwater . runoff away from areas of potential contamination. 11 (2) A sclieduie to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendmerits and Reauthorization Act(SARA)water priority.cllernicals,or storage of hazardous materials to prevent leaks and spills from contairidnating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall.be controlled by manually activated valves or other similar devices{which shall be secured with a locking mechanism) and any stormwater that accumulates in the containment area shall.be at a minirnuni visually observed prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description of Best Management Practices(BIMPs)to be considered such as,.but not limited to, oil and grease separation,debris control,vegetative filter strips, infiltration and stormwater detention or retention,where necessary. '1-le deed for structural BMPs shall be based on the assessment of potential of sources contributing significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. c. Spill Prevention and Response PIan: The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel,(or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on-site at all limes during facility operations'tliat have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the Facility operatiIJ;1s. d. Preventative Maintenance and Good Housekeeping Program: A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Training schedules shall be developed and tzaining provided at a minunuin on an annual basis on proper spill response and. cleanup procedures and preventative i-Aamtenance activities for all personnel involved in any of the facility's operations [hat have the potential to contaminate cfnr ri;;pater runoff, aca IL l�t?ISoltil( 1 (or team) respQnsrt?le for 1n1p1elYlentln T l:lle training Shall be identified in the plan. f. The Storm`vater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. � ? g. ' Plan Amendment: The Permittee shall amend the Plan whenever there is a change :in design, construction, operation, or maintenance which has a significant effect on the Potential for the Permit NC0000353 discharge of pollutants via a point source to surface waters. At a minimum,the Stormwater Polh:tion Prevention flan shall be reviewed and updated on an annual basis. The Direct--- :�^ fy t 77r...._.,;a.Lee w-he the,,,_- , v 1.r he ci,iu<<c� �'i i�ii tell 1"tan aOeS not meet one or more of the minilnurn requirements of the permit. Within 30 days of such notice, the Perrnittee shall submit a time schedule to the Director for modifying the flan to meet minimum requirements. 'The . Perrnittee shall provide certification-in -writing (i.rt accordance with Part I1:, Standard Conditions, Section I3.11.) to the Director that the changes have been made. h. facility Inspections: Inspections of the facility and all storinwater systems shall occur at a mini.muzn on a semiannual schedule, once in the fall (September-November) and once during the spring (April -June)'. The inspection and any subsequent maintenance activities perfcrizried shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's storrnwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in Part I, Section I3.3.b. shall be performed in.addition to.facility inspections. i. l_rnplementation Impleinentation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities and training provided to ernployees, including the log-of the sampling data. Activities taken to implement 13M.Psassociated with the industrial activities, including vehicle maintenance activities, inust also be xecorded. All required documentation shall be kept on-site for a period of five years and made available to the Director oz-his alIfhnrized representative im.m.cdiatel"'u�vl"� I"% Lle$L. r . �.. 1, ., Y t q 2. Minimum Monitoring and Reporting Requirements Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Water Quality; a. If a facility has multiple discharge locations with substantially identical storm-water discharges that are required-to be sampled, the Permittee may petition the Director for representative outfall status. If.-it is established that the storrnwater discharges are substantially identical and. the Perinittee is granted representative outfall status, then sampling requirements may be performed at:a reduced number of outfalls. b. Qualitative monitoring shall be performed at all storin)Aater discharge outfall locations regardless of representative outfall status. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultaneously with the first analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal_ c. For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See definitions in Part III, • • Permit NC0000353 Standard Conditions). Failure to.monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. Analytical monitoring for a retention pond designed to con taut the 10-year design storm without discharging is ') not required. Qualitative monitoring is the only monitoring requirement. Analytical and qualitative monitoring are not required from a retention pond designed to contain the 23-year, 24-hour storm without discharging since the pond is considered a non-discharging stormwater control. d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms approved by the Director no later than January 31 for the previous year in which sampling was required to be performed. e. Analytical resulfs from sampling during the final year of the permit tern shall be submitted with the permit renewal application. f. Any other point sowxe discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. If the storm event monitored and reported in accordance with this permit coincides with a non- stormwater discharge, the Fermittee shall separately monitor and Teport all parameters as required under the non-stormwater portion of this permit and provide this information with the stormwater discharge monitoring report. •� 3. STORMWATER MONITORING REQUIREMENTS I a. Analytical Monitoring. During the period beginning un the effective date of the permit and lasting until expiration, the Permitter is authorized to discharge from outfall 002 - stormwater from process wastewater areas and adjoining stomrwater collection areas. Process wastewater shall not be discharged from earths I I OU2. Stern-water discharges shall be limited and monitored by the Pei n ittee as speeif:ec-below: '=I t9vxl TRlMF7kH:R2 r^) .0 ' &F$IIIh`'I1 LI`Yl;) IAr10NS AYIOVIP0121NC -bu.qufu,mEhr� 4p5 . yi v A� $/ 2 ° t a, ! a tht e a+. i, d R <Try'r h_fxsy t M Jtll htlul II r t^ "]m ')d h one— r ffla r ft lt ,)�' aF Itri,�� [ la�im n Y'. p n �x G- L cast`o'6r' r .Lz, y' L . Flow * Effluent Total Rainfall (inches) " 'Event Duration (minutes) ** Total Suspended Solids(m I) Annual Grab Effluent Settleable Solids(mlfl) Annual Grab Effluent Turbidity (NTU) Amaral Grab Effluent pH(SU) Annual Grab Effluent �* The total precipitation, storm duration and total flow must be monitored for each sampled representative storm event. Total flow shall be either; (a) measured continuously, N) calculated based • on the amount of area draining to the outfall, the amount of built-upon (impervious) area and the total amount ofrainfall, or (c) estimated by the measurement of flow at 20-minute intervals during the rain event. • • Permit NIC0000353 b. Qualitative Monitoring Qualitative monitoring.requires avisual or other observatloh of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating file effectiveness of the Shormwat'er Pollution Prevention Plan and assessing new sources of stormwater po0ution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm.event. Parameter. Fie uenc 1 Monitori^.^TI^1c2 Monitoring Location Color Semi-annual Visual Each Stormwater Discharge Outfall Odor - Semi-annual Observation Each Stormwater Discharge Outfall Clarity - Semi-annual Visual Each Stormwater Dischar aOutfall Floatin Solids Semi-annual Visual Each Stormwater Discharge Outfalt Suspended Solids Semi-annual Visual Each Stormwater Dischar eOutfall Foam Semi-annual Visual Each Stormwater Discharge Ounfall Oil Sheen Semi-annual Visual Each Stormwater Discharge Outfall Other obvious indicators of Semi-annual Visual Each Stormwater Discharge Outfall stormwater pollution 1. Frequency:The first visual monitoring event during the term of the permitmust be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. Monitoring Type: Monitoring requires a qualitative observation of each stormwater outfall. iVo analytical testing or sampling is required. PART L,SECT]ON C. SCHEDULE OF COMPLIANCE' 1. - - The Perrr ittee shall comply with stormwater monitoring requirements and controls specified for stormwater discharges in accordance with the following schedule: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of this permit. Secondary containment, as specified in Part III, Section A.19. of this permit, shall be accomplished within 12 months of the effective date of this permit. 2. The Penmittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. �jai . NPDES Permit Requi-teu-lients Page 1 of 16 PART II •� STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month'With at least ten calendar days between sampling events. 3/Week Sariaples are collected three times per week on three separate calendar days.' Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as aanendcd; 33 USC 1251, et. seq. Annual Average The'arithi netic'mean of all "daily discharges" of a pollutant measured during the calendar year. .In the case of fecal coliforrnn, the geometric mean of such discharges. Arithinedc Mean The sui-MI"lation of-the individual values divided by the number of individual values: Bypass. The known diversion of waste streams from any portion of a treatment facility.including the collectioan syst.ean, which is not a designed or established or operating;anode for the facility. Calcildar Dav The period from midnight of one'day until nnidnight of the next day. 1-16wever, for purposes of tlus'permit, any consecl]dve.24-ho>ir period that reasonably represents the calendar day may be used for sampling... Calendar Quarter One of the following distinct periods: Januaty through March, April through -June, July through September, and October through December. Composite Sample A sample collected over a 24-hoar period lip continuous sampling or combining grab samples of at least 100 i7�1 in such a manner as to result in a total sample representative of ffie wastewater discharge during the sample period- Ehe Director may designate the most appropriate method (specific number and size of aliquots necessary, the tune interval between grab sample,,, (-tr) on n ras -by-case asi� Smrtary b-- col-lec4L.-.�1 xa 11,y r ;ut�naat:_�,I1y..0 Composite satrlples may be obtained by the following methods: (1) ' Continnuous: a single, continuous sainple collected over'a 24-h6ur period proportional to the rate of flow. (2). Constant tune/variable volume: a series of grab samples collected at equal tune intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the dine of individual sample collection, or (3) Variable tune/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples deteriA ned by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be deievTnined by use of a flow recorder and totalizer, and the preset 'gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant tune/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant tune nnterrvA This method may only be used in situations where effluent flow rates v.kty 0), less than 15 percent, The grab samples shall-be taken at intervals of no greater than 20.nunutes apart during any 24-hour.petiod and must:be of equal size.and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 6/20/2003 . . NPDES Permit Requirements Page 2 of 1 In accordance with (4) above,influent grab samples shall not be collected more than once per hour. • Effluent grab samples shall not be collected more. than once per hour except at wastewater treatment systems having a detention time of greater. than 24 hours. In such cases, effluent grab samples may be collected at interval$ r_'venly c-act-- t over tulle 2n=lmour. period chat :tic ec ua1 irl number of hours to the detention tirne of the system in number of days. However, the interval between effluent grab samples Inay not exceed sic hours nor the number of samples less than four duritig a 24-hour sampling period. Continuous flow measurement Flow nnotutoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for time ifrequent tunes when there may be no flow.or for infrequent maintenance activities on the flow device. Dai13IDisc_ harEc The discharge of a'pollutant treasured during a calendar day or any 24-hour period that reasonably represents the 'calendar day for purposes of sampling: For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the clay. The "daily discharge" concentration comprises the mean cot r.eiltratintl fnr a 24_hotmr .• .. r �- j..rr,p1 perlcu aS ciTiicz sl Composite Sample COI1Ce11Yrati0n Or the afltfltnt tie mean of a]l grab samples collected during that period. (40 CFR 122.3) Daily Maxitniun The highest "daily discharge" during the calendar montli. Daily Sam�lijj Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sarnplitig shall be conducted on weekdays except where Holidays or other disruptions ornorinal operations prevent weekday sampling. .If sampling is required for all seven days of the week • for any permit paraineter(s), that requirement will be so noted on the Effluent Liimzitations and MOM-Iitoring'Page(s). DWQ or"the Division" The Division oFWntc,I !-]„gl;iz, lle.,at1,-n-it of EnvJz iI'!ieilt atrCI 1Vatural Resources,' EMC The North Carolina Environmental Management Commission. Pacility Closure The cessation of wastewater treatment at'a permitted facility, of the cessation of all activities that regtlite coverage under.the NPDES. Completion of facility clos11t6 will allow this permit to be rescinded. Gcornetrie Mean The Nth toot of the product of the individual valuies .where N = the number of individual values. For pullroses of calculating the-geornetric mean, values of"0" (of"< [detection level].") shall be col'Isidered.- I. Grab Samt�le . Individual samples of at least 100 nil collected over a period of tinie not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must' be representative of-the discharge (oc the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of time Clean Water Act. S Instantaneous.flow measurement A rneasure of flow taken at the tine of sampling, when both the sample and now will be representative of the tot, discharge. Version 6/20/2003 I�tPD IS Persllit R egtlitenlents Page 3 of 16 Nlontl-Jy Avcrape (concentration liiivt) The arithmetic mean.of all-"daily discharges" of a pollutant measuted during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Isstun Authorit The.Director of the Division of Water Quality. Quarterly Av_era�e (concctltration litt O The average of all samples taken over a calendar quarter. Severe p170pertL7 clarmgc .Substaptial physical damage to property, damage to the ueatlnent facilities wlaich causes them to become inoperable, or substantialm and peranetlt loss of natural resources which tali reasonably be expected to occur in the absence of a bypass. .Severe property datnage excludes economic loss caused by delays ita production, Toxic Pollutant: Any pollutant listed as topic under Section 307(a)(1) of the Clean Water Act.. Upset An incident beyond the reasonable"control of the Permittee causing unintentional and temporary noncompliance with perilut effluent lunitations and/or inotvtoiitlg requirements. An upset does not include noncompliance caused by operational error, improperly designed tr m eatent facilities, inadequate treatment facilities, lack of preventive 1naititenance, or careless or improper operation. 'Weekly Average concentration limit) The arithmetic inean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric paean of such discharges. Section B. Genera! Conditions 1. Duty to Comply T-he Peti-hittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for pern-u't termination,revocation and reissuancc, or modification; or denial of a pet:mit renewal application [40 CFR 122.41]. fluetit standards or prohibitions established under section 307{a) of the a. The Permittee shall comply with e Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or•'prohibitions'or standards for sewage sludge use or disposal, even if tale permit has not yet been modified to incoi-horate the requirement. b. The Clean Water Act provides that any person who'violates section 301, 302,306, 307, 30S, 318 or 405 of the Act. Or a11V llertIut (:Onrllt'i In nr !fm?tntir,n ;mi.l .�-..... 1•* aia SLieia sections J11 9 )e11111L 155Lleil U[lUer 5eCtion r..... .. 5 r 1 402,.or any regwtement unposed in a pretreatment prograin approved tinder sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. 1'lie Clean Water Act provides that any person who neglrgentlyviolates sections 301,.302, 306, 307, 30$, 318, or 405 of the Act, or any condition or limitation iml?1cmenting any of such sections it a permit issued under section 402 of the Act, or 'ally requirement unposed is a prctteatznent program approved udder section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of$2,500 to $25,000 per day of violation, or imprisotunent of not more than 1 year, or.both. In the case of a second or'subsequent conviction for a' negligent violation, a person shall be subject to criminal penalties of not more Shan $50,000 per day of violation, or by i npusoiment:of not more than 2 years, or both. [40 CPR 122.41 (a) (2)] Version 6/20/2003 • i NPDLS Permit Requirements Page 4 of 16 d. Any person who Lnawzir� violates such sections, or such conditions or linvtations .is subject to crill , . penalties of$5,000 to $50,000 per day of violation, or imprisotunent for not more than 3 years, or both; Inthe case of a second or subsequent conviction for a knownng violation, a person shall be subject to ciiminal penalties of not more than $100,000 per day of violation, or irnprisoiinnent of not more than 6 ),cars) or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a .permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in inux-iiient clanger of death or serious bodily injury, shall upon conviction, be subject to a fine of not more than $230,000 or'IMpi:isonment of not more than 15 years, or both. In the case of a second or subsequent convictioii for a.knocvitng etldangertnent: violation, a.person shall be subject to a file of not more than $500,000 or by imppsonmenrof not more than 30 years, or both. An organization; as defined in section 309(c)(3)05)(iii)-of the CWA;shall, upon conviction of violating the inuninent danger provision, be subject to a fine of not more than $1,000,000 and can be finecl up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more.than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a perinit. ]North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307; 308, 318 or 405 of this'-Act, or aiiy permit condition or limitation implementing any of such .sections in a permit issued under section 402 of this Act. Adnihiisfira(ive j)cnalties for Class I violations are not to exceed $10,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $25,000, Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the tnaxiinum annoutnt of any Class 11 penalty not to exceed $125,000. [40 CFR .122.41 (a) (3)] 1 2. Dut�to N itigate 1 The Periiduce shall take all reasonable steps to inininvze or: prevent any discharge or sludge use-or di'sposiil in violation of this permit which has a reasonable likelihood of adversely affecting hurnan health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as^provided in permit conditions on "Bypassing" (fart I1. C. 4), "Upsets" (Ilait IL C. 5) and "Po-wer Failures" (Part IL C.. 7),. nothing in this pernnit shall. be. construed to relieve the Pertrattee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215:3, 143-215.6 or Section 309 of the Federal Act,.33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as ush kills, even though the responsibility for effective compliance may be temporarily suspennded. 4. Oil and Hazitclous Substance Liability Nothing in this perinit shall be construed to preclude the institution of auy legal action or relieve the Perinittec fsoin anv resbOnsiblhties linbilitiec or penalties to ...lynch rt1he Pe•..•••• ce ',,, .: i..._........,, .,� �uuL�cc is.Vr pray IL).C' Sltl]leCt to under i'VC.GJ 143- 215.75 et sect„ or Section 311 of,the Federal Act, 33 USG 1321. Furthermore, the Perm ttee' is responsible for consequential dainages, such as fish •kills, even though the responsibility for effective compliance -may be temporarily suspended. 5. . Property Fights The'issuance of this perivit does not convey any property rights in either .real or personal property, or any exclusive privileges, nor does it :authorize any injury to private property or any invasion of personal rights, nor any innfrilngement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. 'Onshore or Offshore Construction This pern uit sloes not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 6/20/2003 • • NPDES Permit Requirements Page 3 of 16 7. Severahility The provisions of this permit ate severable. If any provision of this permit, or the application of any provision of thi •,] peculiar to any cacunietancers, is held invalid, the application of such provision to other circumstances, and tine rent nnde Of this pe®niq shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Perinittee shall furnish to the Permit Issuing Authority, widen a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to deternvnne compliance with this permit The Perinittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this peanut [40 CFR 122.41 (h)]. - 9. ll^ty to Rea]lanl .. . If the Pernuttee wishes to continue an ac ivity regulated by this permit after the expiration date of thus permit, the Permitter must apply for and obtain a new permit(40 CFR 122.41 (b)]. 10. Expiration df Permit The Ptainitl'ce is not authorized to discharge after' the expiration 'date. in order to receive automatiC authorization to discharge beyond the expiration date, the Pernahree shall submit such information, forms, and fees as are requited by the agency authorized to issue prorate no later than 180 days prior to tine expiration date. Ally Pernhittee that has not requested renewal at least 180 days prior to expiration, or any PCuuLrtee tiro[clues flat have a permit afret.the expiration and has not requested renewal.at least 180 days pxiot to expiration,will subject the Permitter to'enfame a ent procedures as provided nr NCGS 143-215:6 and 33 US 1251 et. seq. - 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuung Authority shall be signed and certified [40 CFR 122.41 (k)]. •�1 a. All permit applications shall be signed as follows: (1) For a corporation: .,by a responsible corporate officer. For-the,putpose of this Section, a responsible corporate offices means: (a) a president, secretary, treasurer or vice president of the coq)oraoon in charge of a .principal business function, or any other person who performs sanilar policy on decision maki ng.functions for the corporation, or (b) the manager of one or more manufacturing, production, of operating'facilities, provided, the manager is authorized to make management decisions which govern tine opc3linon of the regulated facility including Having the explain or implicit duty of[Waking major capital investment recommendations, and initiating and directing other compn:ehensive measures io.assure long term environmental compliance with environmental laws and regulations; the manager Can Cilium that the necessary'systems are estahlalned or actions taken to gather complete and accurate information for permit application requirements; and where authority,to sign documents has been assigned or delegated to the [manager in accordance with coipor uc procedures . - (2)- Fora partnership or sole proprietorship: by,a general partner or the proprietor,respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal.executive officer or ranking elected official [40 CPR 122.221: b. ALL tepwss required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly a ndicu zed representative of that person. A person is a duly authorized representative only if. _ - 1. The authorization is made in wfiting by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or in individual or position having _ overall responsibility for envhounnental mattes for the company.. (A duly authorized representative may l ' '!:us !ne either a named dual or troy mtbvidnal occupying a named position); and 3. The written authorization is submitted to the Permit Issuing Autbotity [40 CFR 122,22] Version 6120f2003 • • NPDES Permit Requirements Page 6 of 16 c. Changes to authorizatioti: If an authorization tuider paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requizements of paragraph (b) of thus section must. be submitted to the Director prior to or together with any reports, information, or al5plications to be signed by an autliorived rcptescntat.ive �40 CFR 122.22] d. Certification..- Any person signing a document utider paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "1 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. 1 am aware that there are significant penalties'for'submitfing false information, including the possibility of fines and imprisonment for knowing violations. 12. Permit Actions IMS permit-may be'rnodifaed, revoked acid reissued, or termitiated for cause. The filing of-a request by the Permittee for a'pertrdt modification, revocation and -reissuance, or termination, or a notification of.plannccl changes or anticipated noncompliance does not stay any permit condition [40 CFR.122.41 13. Pernsit Modifiration Red*o`au"n an-6 nclssuaiice,oS ScrnLinall6n The issuance of,this periivt does not prol>;bit the permit issuing authority from reopeiiing and modifying the permit, revoking and reissuing the peitriit, or terininating die perdu[ as allowed by the laws;rules, and regulations contained .iti Title 40, Code of Federal Regulations, Parts' 122 and 123; Title 15A of the North Cazolitla Adininistrative C. Subchapter 2H`,0100;and North Carolina General Statute 143-215.1 et" a1. A14, Annual Adtnuustering_and Compliance lWonitori.n�1'ee_Recltiir.ements The Perznittce miist pay the annual administering and compliance rnonitorttig fee 'withiij thirty days after being billed by the Division. Failure to pay the fee in a timely mariner ill accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to-itritiate action to revoke the perinif. Section C. Operation and Maitite»"ance. ►f Pollution Colitrols 1. Cer.6fied Operator Upon classification of the perinitted'•facility by the Certification CQtrvnission, the Permittee shall employ a certified %vatcr pollution'control treatment system operator: in responsible charge (ORC) of the water pollution control treatment. system. Such operator iiiust hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system' by.the Certification Commission. The Permittee must also employ'one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-tip ORCs must possess a grade equal to (or no more than'one grade'less than) the grade of the system [f 5A NCAC 8G.0201]. . The ORC of each Class I facility must: ' 9 Visit the facility at leasf weekly Comply with all other conditions of 15A NCAC SG.0204. The ORC of each Class II, I.II and 17 facility must: ➢ Visit the facility at least daily, excluding ureekends and holidays Properly manage•and document daily opetatioii and maintenance of the facility _ > Comply with all other conditions of 15A NCAC' RG_0204. 1 Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator i i responsible charge: a. Within 60 calendar days prior to wastewater being inti:oduced into a ilex,system Version 6/2012003 • . • NPDES Permit Requirements Page ] of 16 b, Within 120 calendar clays of. D Receiving notification of a change in the classification of the system requiring tine designation of a new ORC and back-up ORC •/� D A vacancy m the position of ORC or back-up ORC. - 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the exis thhg facilities,at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Pennittee to achieve compliance wide the conditions,of this permit. Proper operation and nnamterhanee also includes adequate laboratory controls slid appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CPR 122.41 3. Need to Halt or Reduce not a Defense - It shall not be a defense for a Permitter in an enforcement action that it would have been necessary to halt or reduce the perrnitied activity.in order to maintain compliance with die condition of this permit [40 CPR 122.41 4. B y rassmn of Treatment Facilities . a. Bypass not exceeding imitations [40 CPR 122.41 (m) (2)] The Permittee may.allow any bypass to occur which does not cause effluent limitations to be exceeded, but only ifit also is for essential maintenance to adsuto efficient operation. These bypasses are not subject to the provisions of Paragraphs b.and c. of this section.. b. Notice [40 CFR 122.41 (m) (3)] - Q) Anticipated bypass. If the Peunittee knows in advance of the need for a bypass, it shall submit prior nonce, if possible at least ton days. before the date of the bypass; including an evaluation of the }� anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Peun ttee shall submit notice of an unanticipated bypass as lectured in Part U. E. 6. (24hour notice). . c. Prohibition of Bypass (1) Bypass from the neanment facility is prohibited and the Permit having Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of fife, personal injury oesevere pfoplmy damage; (B) There were.no feasible alternatives to the bypass, such as the Ilse of auxiliary, treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condlnon is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normalperiods of equipment downtime or preventive maintenance; and I (C) The Peiminee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Perrnotee for a'bypass as provided in any current or future system-wide collection system permit associated with the treatment facility. - (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its advetse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above fit Paragraph c. 0) of dais section. 6 lSO �) a. Effect of an upset [40 CPR 122.41 (n) (2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permt effluent lininations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version d20/2003 • NPDLS Perrnit Requixeirients Page 8 of 16 noncompliance was caused by upset, and before aii action for noncompliance, is frihal admiiiistrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonsttate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (22) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required uh Part TT, E.. 6. (b) lRl of ttki ..r m-d' (4) The Permittee complied with any remedial ineasures required under Part'1I. I3. 2. of.this permit. d. Burden of.proof[40 CFR 122.41 (n) (4)1: The Permittee seekuig to establish the occurrence. of an upset has the burden of proof Ili any enforcement proceeding. 6. Removed Substances .Solids, sludges, filter backwash;or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 anti in-a manner such as to prevent any pollutant: from such snaterials from entering waters of the State or navigable ,waters of the United States. The Pernittee sliall comply with all existing_Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any perriit issued by the Permit Issuing Authority for the utilization/disposal of sludge may he reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. Tlie lurnittee shall comply with applicable 40 CFR 503-Standards for the-Use and Disposal of Selvage Sludge (,when promulgated) within the tuihe provided in the regulation, even if the pernu't-is not modified to itworporatc the recluiteniciat. The Permittee shall notify the Perrnit Issuing Authority of any significant change in its sludge use or disposal practices. , 7. Po,Vci Failures The Permittee is responsible for maintainiing adequate safeguards (as. required by 15A. NCAC 21-1.0124 - Reliability) to prevent the discharge of untreated or Viadequatcly treated-wastcs during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section_D. Monitoring and Records 1. IZepresentativc Sampling Samples collected and measurements taken, as reclttixed herein, shall be characteristic of the volume and naruxe of the permitted discharge. Samples collected at a.frequency less than daily. shall be taken on'a day and time that is characteristic of the discharge over the eritixe period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by ar�y other. ,vasLcstzeam, body of water, or.substance. Monitoring points shall not be changed without notification to and the approval of the Pernhit Issuing Authority [40 CFR 122.41 2. .l6)oxtui. Monitoringresults obtauhed during the previous months) shall be suimnatized for each month and reported on a monthly Discharge Monitoring Report (DNIIt) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, post:ihnanked no later than the 28th day following the completed reporting period: The first DMR is due on the last day of the month following the issuance of the.perinit or in the case of a new facility, on the lost clay of the month followuhg the commencement of discharge. Duplicate signed copies of these,and all other reports required therein,shall be submitted to the followuhg address: • NC DENR/ Division of eater Quality /Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 6/20/2003 • • - NPDP_S Permit Requirements Page 9 of 16 3, Flow Mcasnremems Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected •.� and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow maastecmu ( devices shall he accurately calibrated at a minimnbn of once per year and maintained to ensure that the accuracy of the nteamicnrents is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and mon toning location prior to installation. Once-dheough condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of this permit and bacon on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures' - - Test proecalures for the analysis,of pollutants. shall conform to the EMC regulations,�aubhshedpursuant to NCGS 143:215.63 at. seq), the Wztcr and Aix Quality Reporting Acts, and to regulations published pursuant to Section 304(y,), 33 USC 1311, of the Federal Water Pollution Control Act.(as Amended), and 40 CFR 136,, or it the case of sludge use or disposal, appxovecl under 40 CM 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122,411. - To meet the intent of the monitoring required by this permit, all test proceduts must produce temimmn detection and reporting levels that are below the pemtit discharge,requirements and all data generated must be reported down to the inumnum detection or lower reporting level of the procedure. Tf no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge-requirements, then the most sensitive (method with the lowest possible detection and reporting level) appiovet nnethod nnut be used. - •�I 5. Penalties for Tampering 't The Clean Water Act provides ihat any ],person who falsifies, tampers wide, or knowingly readers inaccurate, any monitoring device or method'required to be maintained ruder this peanut shall, upon conviction, be punished by a fine of not more than$10,000 per violation, or by imprisonment fox not more than two years per violation, or by both. If a conviction rife person is for a violation conituitted after a rust conviction o[such person under this paragraph, punislunent is a fire of not more than $20,000 per day of violation, or by imprisonment of not more than 4 yeas, or both [40 CFR 122.41]. - 6. Retards Retention Except foe records of monitoring information required by this permit related to the Perrnittoc's sewage sludge use and disposal activities,'which shall be retained for a period of at least five years (or longer as ecgtured by 40 CFR 503), the Permittee shall mtaini records of all monitming information, alluding. . ➢ all calihxaurm sand maintenance records I - ➢ all original strip chart recordings for cOutlnnOrS monitoring instnunentation. ➢ copies o(all repots xequied by this permit - ➢' copies of all data used to complete the application for this penult These records or copies shall, be maintained for a period of at least, 3'years from the date of the sample, measurement, report or application. This period may be extended byzecluest of the Director at any time [40 CFR 122.41]. 7. Recordhap Results - For each measurement or sample taken pursuant to the requirements of this permit, the Pe inittee shall record the following information (40 CFR 122.41]: •�) a. The date, exact place,and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 6/20/2003 . • NPDES Permit Requ.irennellts Page 10 of 16 C. The analytical techniques or methods used; and f. The results of such analyses. l 8. In Jection and EntryT The Pertnittee shall allow the Director, or an authorized representative (including an alitholized contractor acting as a representative of the Director),upon the presentation of credentials and other dOCun7enCs as play be'rcquired by law, to; a. Enter 11tJOI1 the Per1r11tteC}s DtCm15eS tVhe.t'e a troitilatr t f cilia„ nr a��u.;<i i5 iv Hied or coil'LlC1ed ur wlicr'e b .. 1. Y records must be kept under the conditions of this permit; . b. F ave access to and copy, at reasonable tinges, any records that most be kept under the conditions of this C. 1.11S17ect',It rcasonable times any.facthttes,.equipment (including molutorlllg alld control equip111et1t), practices, or operations regulated or required under this permit; and cl. Sample or monitor at reasonable times, for the purposes of assuring permit compliance. or as oth.erwisc authorized by the Clean Water Act, any substances or-paratneters at:any location [40 CI'R.122A1 (i)]. Section E Reporting ReQuirements 1. Change in Discharge lu-discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the perinit. . 2. •Planned_Clianges 7:•he Pernlittee shall give notice to the Director: as soon as possible of any planned physical alterations oI-. additions to the pertlgitted facility [40 CFR 122.41 (1)]. Notice is required only when: rr a. The aliel:ation or addition to a permitted faculty may meet one of the criteria for new sotgtces at'. 40 CFR 1 122.29 0));or 1). The alteration or. addition.could significantly change the nature or increas-c the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent lttrlitations in the pernllt, nor to notification requirements under 40 C1AR 122.42-(a) (1). c. The.alteration or addition results in a significant change in tine Perrnittee's sludge iase-or disposal'practices, and such alternation, addition or change tray justify the application of permit conditions that arc different frorn or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. . _Anticipated Nonicorlipliance. The.Pernnittee small give advance notice to the Director of any planned changes to the permitted facility or other activities that might result ul noncompliance with the permit [40 CI'R 122.4.1 4, "ransfcrs This pernnit is not transferable to any person except after tlotice to the Director: The Director may require irlodificat.ion or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as maybe necessary undei:the Clean Wate.rAct [40 CPR 122.41 0) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge (Monitoring Report (DMR) (See Part 1L D. 2) or forrnls provided by the Director for reporting results of monitoring of sludge use or. disposal practices. • 1). 1=f the Pertnittee monitors any pollutant more frequently than required by this permit, the results of suc. monitoring shall be included in the calculation and reporting of the data subirdtted on the DI IR. Version 6/20/2003 • • A'PDES Permit Requirements Page i 1 of 16 6. Twe n e-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that •) potentially threatens public health or the envitomnent. Any information shall be provided m:ally anhin 24 a hours from the tune the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the purulence becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; die period of noncompliance, including exact dates and times, and if lire noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CPR 122.410) (6)], Is. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. C. Oeaiacnces outside nofmal businesshours may also be reported to tine Divisions Emergency Response personnel at,(800) 662-7956, (800) 858-0368 or (919) 733-3300. 7: Ocher Noncompliance .. The Permitter shall report all instances of noncompliance not reported under Part 11.E. 5 and 6. of this Priam:it the time monitoring reports are submitted.. The reports shall contain the information listed in.Part.II. E. 6, of this permit [40 CPR 122.41 0) (7)1. - - S. Other Information Where the Penniace 'becomes aware that it faded to submit any relevant facts an. a .permit application, or submitted hncoueet information in a permit application or in any report to,die Director, it shall promptly submit such facts or information [40 CPR 122.41 0) (8)]. 9. Noncomuliaance Notification •�! The Peamirtee shall report by telephone to either the central office or the appropriate regional office of the 'Division as soon as possible, but in no case more than 24 hours of on the next working day following the occurrence or fast knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the disdruge of significant amounts of wastes which are abnormal in quantity or charactetsto, such as the dumping of the contents of a sludge digester; the known.passage of. a slug of hazardous .substance.through the facility; or any other unusual eirdmmstances. b. Any process unit failure, due to known or unknown masons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,compressors, etc. C. Any failure of a pumping station,sewer line, or treatment facility resulting in a by-pass directly to meeivmg waters without treatment of all or any portion of the influent to such station or facility. - .Persons reporting such occurrences by telephone shall also fde a written report within.5 days following first. knowledge of the occurrence. 10, AviilabilayofReports F_xcept for data detevrhined to be confidential under NCGS 145-215.3 (a)(2) or SCCtJQa 308 of the Federal Act, 33 USC 13181 all reports prepared in accordance with the terms shall be available for pubhe inspection at the offices of the Division of Rater Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement oil any such report may result in the imposition of crim nal penalties as provided for in NCGS 143-2151 (b)(2) or in Section 309 of the Pedera[Act. 11, Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes stay false statement, representation, or cexrificaton in anyrecottl or other document submitted or required to be maintained under this permit, including monutorhhg reports or reports of compliance or noncompliance shall, upon conviction, be pmrislhed by a flan: of Version 612N003 . NPDFS Permit Requiretllents Page 12 of 16 not move than $25,000 per violation, or by iinprisonment for not more than mvo years per violation, or by both [40 CFR 122,411. • 12. Annual Perforinance Reports Peziniuees who own or operaic facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Perrnittee (N)CGS 143-215.1 C). The report shall summarize.t11e performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable l"ederal or State laws, regulations and rules pertaining,to water duality. The report shall-be provided no later.than sixty days after the end of the calendar or.fiscal year., depending upon which annual period is used for evaluation. PART III OTHER,-REQUIREMENTS Section A. Construction Tile Perinittec shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant-unless the Division has issucd'ail Authorization to Construct (AtC) petnu*t. Issuance of an AtC will not occur until Final Plans and Specsfteations for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall,upon written notice fronn the Director of the Division of Water Quality, conduct groundwater Ilionitoring as may be requited to determine the compliance of this NPIDLS permitted facility with the cuu,ent groundwater-standards. • Scctlon C. Clu,m res 1n Discharges of Toxic Substances The Pernlittce shall notify the Permit Tssuing Authority'as soon-as-it]Mows or has reason to believe (40 CI~R 122.42): a. That ally activity has occurred or.will occur which would result hi the discharge, on a routine or frequent basis, of any toxic pollutant which is not litr ited iil the pernut, if that discharge will exceed the highest of the following ".notification levels"; (1) Orie hundred micrograrns per liter 000 itg/L); (2) T-wo hundred ilticrogzams per liter (200 µg/L) for acrolein and acryloilitrile; five hundred mictograllls per liter (500 µg/L) for 2.4-ditlitrophenol and for 2-methyl-4.6-d.illitzopllcnol; and one milligram per liter (1 nlg/L) for antimony;• ' (3) , Five tunes the inaximurn concentration valuereported for that pollutant ill the permit application. 1}. That any activity has occurred of will occur. which would i:esult itI anp discharge, osI a non-routine Of infrequent basis, of a toxic pollutant which is not hinted in the permit, if that discharge uvill exceed the highest of the following "notification levels"; (1) Five hundred inicrograms per liter (560 µg/L); »� n.... ,,. .a li , 7niiu_�'1.[[si leer liter tl nlg/.r3.) for antullony; (3) Ten times the maxiinalrla concenttatiocl value repot teci for that pollutant in the permit applicat.iott. Section D. Evaluation of WastewAter Dischart e Alternatives The Periruttee shall evaluate all wrastcwatcr disposal alternatives and pursue the most: environmentally sound altcvnative of tllc reasonably cost effective alternatives. If the facility is in substantial lion-compliance with the terins and conditions of the NP.DES permit or governing rules, regulations or laws, the Pcunittee shall subnlis a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of • notification by the Division. } . f Section E. Facility Closure Requirements The Perinittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this perinit. The Division play require specific measures during deactivation of the system to prevent Version 6/20/2003 • . NPDL^S Permit Requirements Page 13 of lb adverse impacts to waters of the State. This permit cannot be rescinded hvhile any activities roclubing Otis permit continue at the permitted facility. •i PART I.' SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A Publicly Owned Treatment Works (POTWs) All VOTWs must provide adequate notice to the Director of the following. L Any new introduction of pollutants into tire POTIEr from an indirect dischaiger'which would be subject to section 301 on 306 of CWA if it were dire tly discharging those pollutants;and 2. Any substantial change in the volume m character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. _ For purposes of this paragraph;adequate notice shall include information on (1) the quahty and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. - Section 13 Municipal Control of Pollutants from Industrial Users. 1. F_ffluent -Gnillations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the mudcipal system may be present in the Permittee's discharge. At such ume as sufficient information becomes avadable to establish limitations for such pollutants, this permit nnay be revised to specify effluent limitations for any or all of such otnei pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Patentee allow introduction of the following wastes in the waste •�' treatment system'. . a. ' Pollutants which' create-a fire or explosion hazard in the POTW, including, but not Waited to, wastestceams with a closed cup flashpoint of less_ Lan 140 degrees Paluen lmit 01 60 degtecs Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW,-but in no case Discharges with pfl lower than 5.0,unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. - Airy pollutant, including oxygen demanding pollutants(BOD, etc.) released in a Discharge at a flow rate and/or pollutant coneenrzauon editch will cause'Interference with the PO':L'W; e. Hear in amounts which will inhibit biological activity in the POTW resulting at Interfenence, but at no case heat hn such quantities that the temperature at the POTW Treaunent PEmL exceeds 400C _ (1040P) unless`theDivision,upon request of the POTW, approves alternate temperatrme limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil otigitn ill :utounts that will cause interference or pass through; g. Polhrtants which result in the mesence of toxic gases, vapors, or fume's ati+!n die POT\V in a quantity that may cause acute worker health and safety problems; I . Any trucked or hauled pollutants,except at discharge-points designated by tine POTW. 3. With regard to the effluent requirements listed in Pact I of this, permit, it may he necessary for the Pertnitno to supplement the requirements of the Federal Pxerreatment Standards (40 CFk, Pan 403) to ensure compliance by the Perounce with all applicable effluent Intimations. Such actions by the Pemnittee may be necessary regarding some or all of the industries discharging to the municipal system •�l 4. The Permit[ce shall require any industrial discharges se uling influent to the permitted system to meet Federal Poetreauneut Standards .promulgated in response to Section 3070a) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 620/2003 • • NPD17S Pernnit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or Inodify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 1 M5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify all approved 1 POT1V Pretre Armei,t ProgrRi n or to h—cludt a-coriip+iarncc= sciIcu'Lde for die developrnCIIt of a PO ].'W Pretreatment Program as required under Section 402(b)(8) of the Clean Watc.r Act and irnplennenting regulations or by the te-quirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (-)'and 402(b)(8) of the Clean Water Act and iranplernenting regulations 40 CFR.Part'403, North Carolina General Statute 143-215.3_ (14) and irmplementing regulations 15A NICAC 21-. :0900, and in accordance with the approved.pretreatment j5rogrann, all provisions and regulations contained and referenced 11I the Prctrcatineiit P rOU-0111 Submittal are iIl.enforceable part o t u permmt. The Permittee shall operate its approved pretteatrnent program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, .the State Pretteainnent. Regulations 15A NCAC 2I-I .0900, and the legal authorities, policies, procedures, and financial provisions- contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Q_rdinance (SUO) The Permittee shall maintains adequate legal.authority to ilmplement its approved pretreatment progarn. 2. Industrial Waste Survey WVL S) The I'erniittee shall update.its Industrial �\taste Survey (AVS) to jliclude all users of. the sewer collection systein at least once every five years. 1 3. Motnitolm7g_Plan � The Permittee shall iinplemernt.a Division approved Monitoting Plan for the collection of facihty specific data to be used.in a wastewater treaunent plant Headworks Analysis (R\YIAl Fir tl ua—elo--- en4 f specific pretreatment local limits. Effluent data frorn the Plan shall he reported on the DM1Zs (as required by Pakt II,Section D, and Section E.5.). 4.' Headvvorks Analysis WWA) and Local Limits The'Permittee shall obtain Division approval of a 1-Ieadworks Analysis (1-I\X'A) at least once every five years, and as' required by the Division. Within.180 days of the effective date of this permit (or any suhsecjucnt permit modification) the Permitte-e shall subrniit to the Division a written technical evaluation of the need to revise localIniits'(1.e., an updated HWA or: documentation of why one is not inceded) [40 CiR.122.421. The Permitter sllail de—Velo 1� with "0 ' "„ n a ci i N �C 2I .[i909 p r CC), ar hV J jJ .) ,I 5A lit � , specific T.ocal Limits to itirpletnent.tlne-prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 21-1 .0909. . 5. Industrial User Pretreatment Permits UP &Allocation Tables Ill accordance whir NCGS.143-215.1, the Permittee shall issue'to all sibiificant industrial users, pernnits for operation of pretreatment equipment and discharge to the Peri-nittee's treatnn nct 'works. These permits shall contain ]imitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treattinent and control t�chrnoiugies io assure tinai their wastewater discharge will meet all applicable preireatanent standards and regturements. The Perrnitiee shall maintain a current.Allocation Table (AJ) which suniniat:iies the results of the Headworks Analysis (1-RVA) and the li.nnits frorn all Industrial User Pret±eatnient Permits (lUP). Permitted IUP loadings for each pararneter cannot exceed the treatment capacity of the POT"�Xr as Odetermined by the I-EVA. 1 Version 6/20/2003 ` • NPDES Permit Requirements Page 15 of 16 6. Authoaigadon to Constrict (A to C) SThe Permittce shall ensure that an Authorization to Construct permit (Atq is issued to all applicable tl industrial users for the construction or modification of any pretreatment facility. Prior 10 tine issuance of an AtC, the proposed pten'eamtent facility and treatment process must be evaluated for its capacity to comply with all hrdustria]User Pn:etreamnent Penxnit (IUP) limitations. 7. PO"IIKr I nspeetion &Monitoring of their SIUs The Pernittee shall conduct inspection, surveillance, and monitoring activiues as describednn its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable premeatment standards. The Penvittee must. a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all pexmlt- linited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8, SIU Self Monitoring and Reporting The Permitter shall require all hndusmial users to comply with the applicable monitoring and reporting requirements outlined in die Division approved pretreatment program, the hndusmy's pretreatment permit, or in 15A NCAC 2H .090B. 9.. Enforcement Response Plan (112P); ,Che Pcrmitlee shall enforce and obtain appropriate remedies for violations of all pretreatnent standards pxomulgatcd putsuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et "Cl), proltihiuvc disdnarge standards as set forth io 42 CFR 403.5 and 15A NCAC 21-1 -0909, and specific local limitations. All enfomement actions shall he consistent with the Enfomement Response Plan (L'*RP) approved by the S Division. . I ' t 10. Pmtreamnent Annual Reports (PAR) The Pecmitlue shall report to the Division in accordance with 15A NCAC 2H .0908. In Len of subnnitting annual reports, Modified Premeamnent Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of Pmtreamnent nation anerrts and other pretreamnent hnplemcntat on issues. For all other active pretreatment programs, the Permittce shall submit two copies of a PremrammentAnl a it Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: - NC DENR/ DWQ / Pretxearrnsnt Unit 1611 Mail Service Canter Raleigh,NC 27 6 9 9-1 61 7 These repoxts shall be submitted according to a schedule established by the Director and shall contain the following: a) Naaativc A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non-Compliance (SNC); b.) Pretreatment Pro jam Summary fPPS) A pretreatment program summary (PPS) on specific forms approved by the Division; • c.) SS>iggniF¢a nt Non-Counplia ice Report (SNCR) The mature of due violations and the actions taken or proposed to correct the violations on 1 specific forms approved by the Division; d.) TridusuelDail S YF al-�SSF Version 6/20/2003 . � NPDES Permit Itequirctnents Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SlU). These analytical results must be reported on Industrial Data Sunuriaty Forms • (IDSF) or other specific format approved by the Division; e.) Other Information Copies of Lhe POTWs allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opuiion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice . The Pernuttee shall publish annually a list of Significant Industtial Users (SI.Us) drat were in Significant Non-Compliance (SNC) as defined in the Pcrtnittec's Division approved Sewcr Usc Ordinmlcc with applicable pretreatment requirements and standards during the previous twelve month period. This list. shall be published within four months of the applicable twelve-mouth period. '12. Record Keel)itig The Permittee shall retain for a titinhnurn of three years records of monitoring activities and results, along with support information itacluding general records, water duality records, and records of irudust.rial impact on the 1301W. 13. Funding and Financial Report The Per,mittee shall maintain adequate funduig and staffuig levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their. Significant Industrial Users (SIUs), and Iv101140ring Plan moclific.itions, shall be considered a permit modification acid shall be governed by IS NCA C 21-I .0114 mi' h 15A NCAC 21-I.0907. Version 6/20/2003 Gravel and Rip Rap Sediment Basin Construction specifications 1 . Clear, grub and strip the area under the embankment of all vegetation and root mat. 2. Excavate pond area below ground level and as required to construct to proper size. 3. Using fill material free of roots, woody vegetation and organic matter, place fill in lifts not to exceed 9 inches and machine compact. 4. Construct dam and stone spillway to dimensions, slopes and depths as specified. 5. Ensure that the spillway crest is level and at least 1 .5 feet below the top of the dam at all points. 6. Stone used for the spillway section shall be 6" to 9" rip rap stone. 7. Stone used for the filter on the inside face shall be 0.75" washed stone. 8. Extend the stone outlet to a level spreader or stable ditch as shown on the soil and erosion control drawing. 9. Ensure that the top of the dam at all points is 0.5 feet above the natural surrounding ground. 10. Stabilize the embankment and any disturbed areas by seeding as per the vegetation plan. • o • am m m.RI>CxE —r . Imes Gml III° 1 C USE FOR ONNNEE _AREAS . . II I II—x NOT sc. 5 ss GERM SMI BE STABILIZED / .Mw rlU II l m W unm n II RF_IIiI x�m m III nl fnn$�k�ll`yl p frEID ll � PIL II.I—,a KMRowc IN— TO mxx srt<winiloxz CI104 SECTION SETTLEMENT roe S V� M1z BOB � iW A ♦ J.IFIyq lry/yW oescN of scluwars i `Aka`', p? (m 1s IH'S6I ITT) mod' f d , r oI — ( ./ a tiE "-h' I ms-awsr i o —a_ i J sas RELAY o tL � SHELVE VA of S OP s 120 k-1, n N lolxwaoxs SEWN ARE MI � six _ MNNiCAIYJ`.E .c. -� � • ixs u c. E,:3,fiw — �.C E r _ E )-o ON G.I n Mn 1 L ALL 9151M 6..H. :l I I " ..Ln A Y, a -r.A _ I u. . WnSThUETOn xPl S mw 0 • BASIN WITH PERFORATED RISER CONSTRUCTION DETAIL Sediment basins will be built in accordance with the following, using the aL6aclleU ulawlllg aJ a gUIUG JUL gcllcral l,Uns ntjctloll. l _ Sediment basins will be built on natural ground where possible. if the basin is built on fill, the fill and the sides of the basin must be stabilized by compacting. 2. Sediment basins will be built at an elevation that allows the disturbed area to easily drain into them. i3. Plastic or metal piping with a minimum diameter of 18" shall be used for the riser. The outside valley of the riser shall be supplied with 1/2" perforations spaced 3" apart, to within l' of the top. 4. The riser will be supported with a 1/2" iron stake placed at 3 points around the riser. The iron stakes will also serve as a holder for the trash screen. A concrete or steel base will be attached to the bottom of the pipe to prevent it from being inadvertly moved. 5. Riser and the trash screen will remain at a height 1 foot below the lowest point of the outside walls of the basin. 6. Filter fabric will be placed around the riser in the area of the perforations and secured with wire every 12". After the filter fabric is secure, 3/4" gravel (washed stone) will be placed around the riser to within 1' of the top, but not above the filter fabric. • • • 7. Seed all the disturbed area except the inside of the basin, using the P g vegetation plan . 8. Sediment will be removed from basin when the level is within 6" of the top of the washed stone (18" from top), or when the basin is ineffective. 9. An emergency spillway will be built to provide for excessive runoff. The spillway will be constructed of rip-rap stone with a filter fabric underiayment. The emergency spillway will be built l' below the lowest perimeter height (wall) of the basin. Ah • IX d130.Z mlrnwao aw Sxvvl NI a1M1 nl mans nur nn ouvls - . 9lavllaub-Im -� xaoel xativlm3-ilm IIHMID) _L ArM>re°s .III—III—III—IiI—III eos-uxv —_ rl ndllxwI,T -;Thlli- tlm IMISI y— 111R 1 III-111-11 Ell M I R ILII LII III I II I II I II I I I II I II I I I I1=1I II I II I1-111111 I I- F 1 lzlveo xNM xantl1391A IIIIM -I—III III—III—III—III— — — 1 —_ _ — sllax r da mmmvlc INIWN HI sj�f-III,-III L N]Ytl II5V8'I L xm,l -amnm3xs AtlMl1k51]NYJtl1Nl ' • =II . ICI= IIIE III ,_-` • -II=I IF I L1,T T F�:.. IIII. .._., I fl 1, IIII' - = _ 11117 f FII ' IIII ' s IIII:�;=\ i • • Construction Entrance with Mud Mat Construction Specifications l . Initial grading of the entrance road shall be performed leaving a the space necessary to construct a mud mat / construction entrance 2. The mud mat shall be constructed before trucks begin entering and exiting the site.. 3. When the road is brought to grade course aggregate 2-3' in diameter /-..:1_.......J L.,11......\ ..L..11 Lr �1._.._....] ...� 4L_ grade a... ... .J.._�aL ..CLf) l ai a uau ballast) shall l be placed on the grade o a ucpu 1 ul v minimum. 4_ The mud mat shall he a minimum of 50' in length and a minimum of • 12' wide. 5. The mud mat shall be kept roughed, which will enable sediment to be cleaned from tire treads before being tracked onto the state highway. NUIES a. GRAVEL PO TO BE Ire w AND a INCH MINMMM -CK" CA s MIN cenresr. NEw[ z_}. NOTES AM VTl E AI A I I N15BE INGRESS h L096S ARIL SIZE IS SIA&EIIEU,EREWENI CHECKS OF THE BEV[E AND IIMELY MARVENNI[E MUST BE PR@1BEG e Roughing Detail Construction Specifications l . All slopes and disturbed areas that will require seeding must be rou¢hed before thev are -,eeded- if there is room allowed for the equipment. 2. The roughening will be accomplished using heavy equipment supplied with tracks. The indentations made by the tracks shall all be horizontal as not to promote erosion. 3. In areas not accessible to heavy equipment tracks, roughing can be performed by horizontal cutting or indenting with a blade and or • bucket. • 6_15.. the -I h rn wmno Wong tM cuntwrs.all alima meremrl.Meremlm raramee n % mm or lime,Ii mid uea. • \� a �d 2 e } \ ! § \ . 0 I )\ \ [ f[ � « { 4 j 5t ƒ } � Nm - . • ® • A _ 15 MIN. 9"MIN. I filler loluh A 11,55 1 or 8 Eravm Cantrd Shire, \ �flS� 1 • �f ? g d t y Or r it I t 24 MAY a1 CmIn r rillMi InMi[ r xlt V<� t l` } ID SIC[ION A—A Slone should be Inured over the channel banks to keep wale) from cutting around the dom. A I. = the distance such that points A and B are of equal elevation A 6 Agaku — L • NOIES. Space check dam In o chonriel so that the crest of dowashemn tlam is at elewatimi of the toe of upsheam dam • Sediment Fence Construction specifications 1 . Construct sediment fence as shown in the Soil and Erosion Control Drawing. 2. Locate the post on the down slope side of the fabric to help support the fencing. 3. Bury toe of fencing approximately 8 inches deep to prevent undercutting. 4. When joints are necessary, securely fasten the fabric at a support post with overlapping to the next post. 5. Filter fabric should be of top quality, high strength and resistant to ultraviolet rays. b. Post should be a minimum of 4 feet in length and strong enough to support the fabric when silt has collected against it. IIou \ '\ ' } \ ~ ` « / : \\ ! { �© y e e e i • OVegetation Plan l . All of the disturbed area will be covered with dirt and or gravel as needed to prepare for seeding or future use. 2. Surface mulch shall be applied after seeding to provide a means of controlling runoff and erosion in disturbed areas. Straw mulch shall be applied at the rate of 1 ton per acre. Straw should be dry, un-chopped, un-weathered and free of weeds. Wheat or oat straw is preferred and can be spread by machine or hand. Straw must be tacked down to avoid loss by wind. J. 1[le 1U11UWl[lg SeM a[lU 1CrlIIILCr MIX W111 UC USCU. Aurir.nihirnl lime 9. nnn#/ncrt-r • Fertilizer 1,000#/acre Fescue (Ky-31) 100#/acre Clover 204/acre Rye Grain 120#/acre Shrub Lespedezal 30#/acre lIn Sprang planting use hulled seed, in rail use unhulled seed. 4. After a vegetation growth is established, fertilization and reseeding will continue as needed until a sod layer is established. 5. Decorative landscaping may be added as a beautification project in stable areas, but only in areas not subject to erosion and heavy runoff. if landscaping is used in any area that is not level a felt or silt blanket shall be used to prevent erosion. Areas with only mulch for a ground cover shall be inspected weekly for signs of erosion and runoff flow problems. 6. All erosion and sediment controls shall be seeded as soon as they are constructed. 7. Seeding shall be performed within 30 days of completing the construction. • i . Permanent Seeding Specifications Dates Species Rate in Lbs/acre Feb 15 - March 31 Korean Lespedeza 10 Fescue 40 Redtop 1 Winter Rye (grain) 15 April 1 — July 31 Common Bermuda 50 Aug. 1 — Oct. 25 Lespedeza (unscarified) 30 German Millet 40 Oct. 26 — Feb. 14 Rye (grain — temporary) 120 Spring / Summer Mixture (May i — Sept. 15) Browntop Millet 20 #/acre Korean Lespedeza 20 #/acre VA 70 Lespedeza 1 #/acre Fall / Winter (Sept. 16 — April 30) Rye (grain 120 #/acre Korean Lespedeza 20 #/acre VA 70 Lespedeza 1 #/acre One of the following may also be added to the above mixture Crown Vetch 5 #/acre Ladino Clover 5 #/acre Alfalfa 5 #/acre Areas subject to wildlife habitat will be seeded only after consulting with the NC Wildlife Resources representative for placement of possible food plots. s Maintenance Plan 1 . All erosion and sediment control will be checked for stability following each runoff producing rainfall but in no case less than once every week. Any needed repairs will be made immediately to maintain all controls as designed. 2. Sediment basins will be cleaned out when the level of sediment is 1/2 of basin capacity. Gravel will be cleaned or replaced when sediment pool no longer drains properly. 3. Sediment will be removed from the rock check dams when the storage capacity has been 50% filled. 4. All seeded areas will be fertilized, reseeded as necessary and mulched according to specification in the vegetation plan to maintain a vigorous dense vegetation cover. 5. Energy dissipaters shall be checked for effectiveness and wear (loose or misplaced stones) after each runoff producing rainfall. Repairs shall be made immediately. 6. Culverts shall be inspected for loose or misplaced stones, straw and other debris that could prevent the flow of runoff. The Feldspar Corporation . Cross-section of cut slopes in non-consolidated materials and overburden fill areas 40' rise average 60' dse maximum / All slopes in non-consolidated materials on fill • or natural ground snail be at an slope of 2:1. When slopes are proper grade they shall be roughened and seeded according to the vegetation plan. • 0 The Feldspar Corporation Cross-section of All slopes in non-consolidated materials on fill excavations in hardrock or natural ground shall be at an slope of 2:1. When slopes are proper grade they shall be roughened and seeded according to the vegetation plan. 40' rise averaae 60' rise maximum 40 rise average 60' rise maximum 40' rise average 60' rise maximum The Feldspar Corporation Fencing Detail 0 wire ................... ti. . ..... ...... ...... ............ 5. ............. . 3' Corner Brace Detail .... .......... ................ ................... ... ........... ..... .............. ... ...... ........ . . . ... . ................................ .... .......... .... .... ......... ..... ........................ ........ 2' Center Brace Detail • t'N 5T'N"17.4 cam i U',TATCS &;ipi e T*an a.a[az u:! DEPARTMES7 Or TIRE NTE N)R 1 u""RTFIMT.O -CT{I$LI.TC'Rr. 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