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Home My WebLink AboutNCG020710_COMPLETE FILE - HISTORICAL_20151119STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V CC DOC TYPE �HISTORICALFILE [I MONITORING REPORTS DOC DATE YYYYMMDD North Carolina Department of Environmental Quality Pat McCrory Governor Gregory Taveras The Quartz Corp USA P.O. Box 309 Spruce Pine, NC 28777 Dear Mr. Taveras: Donald R. van der Vaart Secretary November 19, 2015 Subject: General Permit No. NCG020000 The Quartz Corp USA - Beaver Creek Mine COC NCG020710 Mitchell County In accordance with your request for renewal of a discharge permit received on June 30, 2014, 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 requirements 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). Please be advised that EPA Region 4 staff who performed a Compliance Sampling Inspection (CSI) at the end of March 2015 and follow-up sampling in June 2015 at other industrial mineral mines in North Carolina raised concerns about metals levels in the discharges. The Stormwater Permitting Program identified mines like this one that have similar activities. During the term of this General Permit, this site may be evaluated further for an alternative permitting action, such as applying 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 not 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. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section - Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:/Iportal.ncder)r.org/web/Ir/ Mailing Address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper NCG020710 RenewalCQC November 19, 2015 Page 2 If you have any questions concerning this permit, please contact Bradley Bennett at telephone number (919) 807-6378, or Bethany Georgoulias at telephone number (919) 807-6372, Sincerely, for Tracy E. Davis, P.E., CPM cc: Toby Vinson, DEMLR Land Quality Section Tom Bel nick, DWR Water Quality Permitting Section Stan Aiken, DEMLR Asheville Regional Office RE Linda Wiggs, DWR Asheville Regional Office Kip Tyler, EPA Region IV NPDES Permitting and Enforcement Branch Stormwater Permitting Program Files DWR Central Files Certificate of Coverage Page 1 of 1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020710 STORMWATER AND WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, The Quartz Corp USA is hereby authorized to discharge stormwater and/or wastewater, as provided in the original Certificate of Coverage (COC), or subsequent COC modification, from a facility located at: Beaver Creek Mine Pink Mine Rd Spruce Pine Mitchell County to receiving waters designated as Beaver Creek, class C;Tr water(s) in the French Broad River Basin(s) in accordance with the stormwater pollution management requirements, monitoring and reporting requirements, and other conditions set forth in Parts 1, II,111, IV, V, and VI of General Permit No. NCG020000 as attached. This Certificate of Coverage shall become effective October 1, 2015. This Certificate of Coverage shall remain effective for the duration of the General Permit. Signed this day October 1, 2015. for Tracy E. Davis, P.E., CPM Director, Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission http://portal.ncdenr.org/web/ir/2015-erenewal 11 / 19/2015 North Carolina Department of Environmental Quality t: Technical Bulletin for N.C. General NPDES Permit NCG020000 (Mining . Environmental Activities) Division of Energy, Mineral, and Land Resources Quality Technical Bulletin for NCGO20000 (Mining) Last Revised 10/812015 What activities are covered by this general permit? NCG020000 coverage authorizes: • Stormwater discharges associated with mining and quarrying of non-metallic minerals (except fuels), mine excavation, processing, and vehicle maintenance activities (VMA) at mine sites. • Wastewater discharges (dewatering, process wastewater, wastewater recycle system overflows). + Operation of wastewater treatment systems (Authorization to Construct no longer required). NCG020000 coverage is NOT APPLICABLE: to: • Borrow Pits covered by the NC DOT statewide stormwater permit. • Peat mining, coal mining, metal mining, or oil & gas extraction operations. • Wastewater not specifically identified by the general permit. What are key stormwater requirements? NCG020000 requires periodic discharge monitoring and a Stormwater Pollution Prevention Plan (SPPP): • Develop and implement an SPPP, and update it at least annually. • Inspect Stormwater Best Management Practices (BMPs) once every seven (7) calendar days. • Semi-annual analytical monitoring and qualitative (visual) monitoring. • Report stormwater monitoring data once a year by March 1 st to DEQ Central Office. • Report benchmark exceedances or Tier 2 monitoring to the DEMLR Regional Office within 30 days. • Respond to benchmark exceedances according to Tier response requirements. What are key wastewater requirements? NCG020000 stipulates wastewater treatment facility operational requirements and periodic discharge monitoring; • Notify DEQ if facility fails to perform satisfactorily or creates nuisance conditions. • Only DEQ-evaluated flocculants may be used, if administered according to maximum application doses. • Quarterly analytical monitoring for first year, or until four consecutive samples comply with all limits (then semi-annual monitoring allowed). Quarterly monitoring schedule resumes upon any limit violation. • Settleable solids (SS) monitoring applies to discharges to HQW, ORW, SA, SB, PNA, or Tr designated waters. • Total Suspended Solids (TSS) limits specific to industrial sand mines, and to any mine discharging to HQW. • Report wastewater effluent monitoring data once a year (by March 1 st) to DEQ Central Office. • Report effluent limitation violations to the DEMLR Regional Office within 30 days. • Effluent turbidity levels above the water quality standard prompt upstream and downstream monitoring. What has changed from the previous permit? Some changes specific to Stormwater: • Reduced BMP inspections (weekly) for active mines; additional allowances for inactive mines that qualify for "dormant status." • Changes to SPPP Annual Update. • "Measureable storm event" (any size that results in a discharge) replaces "Representative" event. • New benchmarks and Tiers specific to turbidity. • Total Flow and event duration no longer required. • pH removed from VMA monitoring. Some changes specific to Wastewater: • May drop to semi-annual W W monitoring after four quarterly samples that comply with all limitations. • Turbidity instream monitoring is required if effluent levels above the water quality standard. • SS monitoring for sensitive waters only (HQW, etc.) • TSS limits apply to industrial sand mines and HQWs. Changes from the last permit are detailed in the "Response to Comments and Summary of Changes" Document for the 2015 NCG02 GP on our website. PAGE TECHNICAL BULLETIN FOR N.C. GENERAL NPDES PERMIT NCG020000 (MINING ACTIVITIES) Frequently Asked Questions What if my mine is inactive? The permit makes allowances for inactive mines that have sus- pended all industrial activities and that certify to DEMLR that the site has been stabilized. If approved for "dormant status," these operations qualify for re- duced BMP inspections and may be exempted from outfall moni- toring by the Regional Engineer. Do I have to monitor all outfalls? Yes. However, you may request Representative Outfall Status (ROS). If approved, ROS allows monitoring at fewer outfalls. To request ROS, submit an ROS Re- quest Form to the DEMLR Region- al Office. The form is available on our website (below). Also, the Regional Office may exempt mines with "dormant sta- tus" from analytical and/or quali- tative monitoring. What if I sell my business, or the name changes? You are required to notify DEMLR of those changes in writing, and continuation of permit coverage is subject to the Director's ap- proval. Please submit the Name/ Ownership Change form located on our Program website. What do I do when my permit expires? Permitees are not required to sub- mit an application for renewal un- less directed by the Division. The permittee should continue to abide by this general permit if it expires and renewed coverage has not yet been issued. What is wastewater, and what is stormwater at a mine site? Any water contacting an actively mined area, water used to pro- cess mined materials, and mine dewatering water are all consid- ered "wastewater." For some mines, "mine dewatering" also means wet pit overflows, and not just pumped -out water. Any stormwater that commingles with these waters is "wastewater." "Stormwater" includes runoff from areas related to mining, pro- cessing, or raw material storage areas, such as haul roads or pro- cessing plant areas at the mine. Sometimes the answer is not clear because of how broad the defini- tions are. For example, N.C. con- siders runoff from areas that con- tain overburden only (no mined or processed material), and that does not commingle with wastewater (including runoff from the mine), to be stormwater. If you are unsure about discharges, please contact the DEMLR Re- gional Office for assistance. Does a certified lab need to analyie my samples? Monitoring under NPDES permits must be conducted in accord- ance with test procedures ap- proved in federal regulations in 40 CFR § 136. All labs certified by LAST REV. 1018/15 North Carolina perform analysis in accordance'with those proce- dures. While N.C. certification re- quirements do not apply to testing stormwater-only discharges, data gathered under an NPDES permit must still conform to federal re- auirements. Using a North Caroli- na certified lab is one way to en- sure compliance. A list of certified labs is available from: http:// portal.ncdenr.org/web/wq/lab/ cert/ What if 1 pull samples for my analytical monitoring, and I'm unable to get a sample or valid results for a parameter? If this happens, please sample for the missing parameter during the next measureable storm event or wastewater discharge. If I sample' my discharge, do I have to do visual monitoring at the same time? You may, but it is not necessary under NCG02. Some other gen- eral permits require it, however. What if there is no flow for a period between two samples that exceed a benchmark? Are those consecutive exceedances? Yes. This scenario still puts you in Tier 2. The new permit is more clear about how the Tier 2 trigger omits periods of no discharge. Who can help me with questions? `; Your questions about stormwater permit requirements -' can be addressed to the DEMLR Offices: Asheville Office........... (828) 296-4500 Washington Office ....... (252) 946-6481 Fayetteville Office....... (910) 433-3300 Wilmington Office........ (910) 796-7215 Mooresville Office....... f704) 663-1699 Winston-Salem Office... (336) 776-9800 Raleigh Office............ f919) 791-4200 Central Office ............. (919) 707-9220 Helpful Link: DEMLR Stormwater Permitting Program: http://portal.ncdenr.org/web/ir/stormwater ANNUAL SUMMARY DISCHARGE MONITORING REPORT. (DMR) -STORMWATER SUBMIT TO CENTRAL OFFICE* General Permit No. NCG020000 Calendar Year *Report ALL STORMWATER monitoring data on this form (include "No Flow"Mo Discharge" and Benchmark Exceedances) from the previous calendar year to the DEO by MARCH 1 of each year. Certificate of Coverage No. NCG02 ❑❑❑❑ Facility Name: County: Phone Number: ( ) Total no. of SDOs monitored Certified Laboratory Lab # Lab # Stormwater Discharge Outfall (SDO) No. VMA Outfall? Yes ❑ No ❑ Is this outfall currently in Tier 2 for any parameter? Yes ❑ No ❑ Was this outfall ever in Tier 2 during the past year? Yes ❑ No ❑ If this outfall was in Tier 2 last year, was monthly monitoring discontinued? Yes, enough consecutive samples below benchmarks to decrease frequency Cl Yes, received approval from DEMLR to reduce monitoring frequency ❑ No, turbidity benchmark exceedances did not require monthly monitoring ❑ Other ❑ u ,•C .[ '•}i • yF f J �, v , �utfall`No - ,, _ k$'.i I�, �, t r Total , Rainfall,'. , _inches - ' y . JSS mgll _ ij r. I. f tom.' t ASS r :mI11,. ni ,�. rt h L .S Turbidity, `' NTU N r ' n�' a�'1 _#H'Ci�Ylr y i - :r• Upstream '(U) Turbidity,' .-.NTU .: r.x �' s _.... 7siir _'1 Yl. 3 _ D stream Own (D)'Ttirbidity;. k. -.NTU';-� I�_ •-tK _ K J4'~t,'ir - 1 ;:; `" }Non -polar 'O&G m /I ��■ .J (VMA). .•... t t• J �' New: , Motor.0ilr. -' Usage• W allmo. .' Stormwater, . Benchmarks , ,rw, . No , . aF` x;b Glrcle Bencnrriark 100/50 �� Circla.. Benchmark 50/25110 NIA Water Quality Standard applies NIA Water QuaitySS Standard applies1 a `� ?55gailmo. average repulres and No TORG monRorinlar :Date Sample. Collected, ' t .rrioiddi ;. Permit Date 10/1/2015 — 9/30/2020 Last Revised 10-2-2015 Certificate of Coverage No. N0002 ❑❑❑❑ Additional Outfall Attachment (make copies as needed for additional outfalls) Stormwater Discharge Outfall (SDO) No. VMA Outfall? Yes ❑ No ❑ Is this outfall currently in Tier 2 for any parameter? Yes ❑ No ❑ Was this outfall ever in Tier 2 during the past year? Yes ❑ No ❑ If this outfall was in Tier 2 last year, was monthly monitoring discontinued? Yes, enough consecutive samples below benchmarks to decrease frequency ❑ Yes, received approval from DEMLR to reduce monitoring frequency ❑ No, turbidity benchmark exceedances did not require monthly monitoring ❑ Other u Outfall No. Total Rainfall, _ inches _' Upstream Downstream New TSS, ' ,SS; " Turbidity (U) Turbidity, (p Turbidity , T Noh-polar Motor.0il , } _ , mg1l ' :`mlll NTU NTU.- NTU .-` O&G, mgll . Usage r _ (VMA) allmo. Y - - Stormwater /adlcate lY0 Benchmarks aFLO ;pro Circle Circle >559allmo. ' Benchmark Benchmark NIA NIA a average requires 100150 0.1 50/25/10 sWater rd applies Standard applies rGuallty 1 `� T06GSS nmonitarlo ar. Date Sample Collected,,, moldd/ye .. Permit Date 10/112015 — 9130/2020 Last Revised 10-2-2015 Certificate of Coverage No. N0002 ❑❑❑❑ Additional Outfall Attachment (make copies as needed for additional outfalls) Stormwater Discharge Outfall (SDO) No. VMA Outfall? Yes ❑ No ❑ Is this outfall currently in Tier 2 for any parameter? Yes ❑ No ❑ Was this outfall ever in Tier 2 during the past year? Yes ❑ No ❑ If this outfall was in Tier 2 last year, was monthly monitoring discontinued? Yes, enough consecutive samples below benchmarks to decrease frequency ❑ Yes,.received approval from DEMLR to reduce monitoring frequency ❑ No, turbidity benchmark exceedances did not require monthly monitoring ❑ Other ❑ Outfall No.', Total, Rainfall, inches TSS, ' mg/l ' SS, • Turbidity, mlfl: NTU ' . '+ ` Upstream (U) Turbidity, NTU _ ' 'Downstream (D) Turbidity, NTU J I ' ' New Non=polar Motor 011;- O&G, mgll Usage, (VMA) allma. Stormwater Mdfraty NO BF`; Benchmark 100150 Circle Benchmark .50/25/10 NIA NIA a NIA l >SSeatlmo. roquirea SS and arBenchmarks 15 06G Tmonitoring Date Sample' s,,Collecte.d; molddl r:'"" Permit Date 1011/2015 — 9/30/2020 Last Revised 10-2-2015 Certificate of Coverage No. N0002 ❑❑❑❑ CERTIFICATION "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." [Required by 40 CFR §122.22] Signature Date Mail Annual Summary Stormwater DMR to the NCDEQ Central Office: Note the address is correct — Central Files is housed in DWR (not DEMLR) N.C. Department of Environmental Quality (DEQ) Division of Water Resources Attn: DWR Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 Central Files Telephone (919) 807-6300 Questions? Contact DEMLR Stormwater Permitting Staff in the Central Office at: (919) 707-9220 Permit Date 10/1/2015 — 9/30/2020 Last Revised 10-2-2015 ANNUAL SUMMARY DISCHARGE MONITORING REPORT DMR —WASTEWATER SUBMIT TO CENTRAL OFFICE* General Permit No. NCG020000 Calendar Year "Report ALL WASTEWATER monitoring data on this form (include "No Flow "Mo Discharge" and Limit Violations) from the previous calendar year to the DEQ by MARCH 1 of each year. Certificate of Coverage No. NCG02 ❑❑❑Fj Facility Name: County: Phone Number: { ) Certified Laboratory Lab # Lab # Total no. of outfalls monitored Wastewater (WW) Discharge Outfall No. Is this an industrial sand mine (See 40 CFR §436 Subpart D)? Yes ❑ No ❑ Does this outfall discharge WW to SA waters? Yes ❑ No ❑ Does this outfall discharge WW to SIB or PNA waters? Yes ❑ No ❑ Does this outfall discharge WW to HQW or ORW waters? Yes ❑ No ❑ If so, what is the 7Q10 flow rate? or Tidally influenced waters, 7Q10 not available.[:] Does this outfall disc6arge,WW to Trout (Tr) designated waters? Yes ❑ No ❑ Were there any limit violations in the calendar year? Yes ❑ No ❑ Outfall No. Daily. Flow. Rate; cfs - 'pH, c SU' Y TSS; . mgll T r SS; ' mill 1lappffcabk Discharge Turbidity, �NTU "Upstream'' (U)4Turbidity, •NTU: , ' Downstream {D} Turbidity, NTU ' +Coliforr�,1 .601/100 ml` SA Effluent Limitations - Mo. Ave f Daily Max. :. HOW a ORW 506/6 of 7Q10 - - Indicate NO FLOW IfappikaM frashwater 6.0-9.0 saltwater 6.8-8•5 Industrial sand 25145 HOWorORW 20130 HOW or ORW an Tr or PNA ' 10/15 HOW, oRW, &&sa,PNA, oranyT-ut 0.110.2 .. E ' No Limit circle Water Q alai applrelsa� 50/25/10 _ NIA Water Quality standard applies NIA water Quality, Standard applies NIA Date'Sample.• i "C611ected;.LM ' 1molddl r' Permit Date 10/1/2015 — 9/3012020 Last Revised 10-2-2015 Certificate of Coverage No. N0002 ❑❑❑❑ Additional Outfall Attachment (make copies as needed for additional outfalls) Wastewater (WW) Discharge Outfall No. Is this an industrial sand mine (See 40 CFR §436 Subpart D)? Yes ❑ No ❑ Does this outfall discharge WW to SA waters? Yes ❑ No ❑ Does this outfall discharge WW to SIB or PNA waters? Yes ❑ No ❑ Does this outfall discharge WW to HQW or ORW waters? Yes ❑ No ❑ If so, what is the 7010 flow rate? or Tidally influenced waters, 7Q10 not available ❑ Does this outfall discharge WW to Trout (Tr) designated waters? Yes ❑ No ❑ Were there any limit violations in the calendar year reported? Yes ❑ No ❑ Outfall No. Daily Plow : pH, TSS," . Rate,•cfs : SU - mgll _ . T . - - - - Fecal ' .. SS, Discharge' -- Upstream Downstream 'Coliform,. mill Turbidity;- (U) Turbidity, ,(D) Turbidity' co111"00 m ffappljceble - NTU . NTU NTU�(SA)- Industrial Sand Effluent HOW or ORW _ freshwater 25145 50% of 6.0-9.0 HOW oroRW Limitations' 030. 6.8-8.5OW or ORW Mo. Ave 1 Daily Max. tadkate NO FLOW mad Tr or PNA ,Iappflcal5fe .. 10/15 - HOW, ORW, SA. SB,PNA. No Limit NIA NIA or any Trout anarsaiWater Quality Standard applies Standard s NIA 0.110.2 asMat.stm,aee: 50/25/1 0 . - Date Sample Coliected;' Permit Date 10/1/2015 — 9/30/2020 Last Revised 10-2-2015 Certificate of Coverage No. N0002 ❑❑❑❑ Additional Outfall Attachment (make copies as needed for additional outfalls) Wastewater (WW) Discharge Outfall No. Is this an industrial sand mine (See 40 CFR §436 Subpart D)? Yes ❑ No ❑ Does this outfall discharge WW to SA waters? Yes ❑ No ❑ Does this outfall discharge WW to SIB or PNA waters? Yes ❑ No ❑ Does this outfall discharge WW to HQW or ORW waters? Yes ❑ No ❑ If so, what is the 7Q10 flow rate? or Tidally influenced waters, 7Q10 not available ❑ Does this outfall discharge WW to Trout (Tr) designated waters? Yes ❑ No ❑ Were there any limit violations in the calendar year reported? Yes ❑ No ❑ �. Daily Flow Outfall No; ; ,�7 ,Rate, cfs , pH, SU - ., TSS, mg/l , • SS, . Discharge - Upstream . Downstream mill Turbidity, (U) Turbidity,=(D)•Turbidity, - Napplkable +NTU NTU - "- NTU Fecal ' Coliforrri, ca111o0 Trill SA HOW w ORW Effluent 50% of Limitations 7Q10 Me. Ave 1 pally Max. Mdlcate NO PLOW if appAcabio freshwater 6.0-9. 6 saltwater. 6.8-5 4. P . Industrial Sand 25145 How oroRW 20130 HOW or ORW = Tr or PNA 10115 'HOW, ORW, A,sa,PNA, No Limit NIA NIA or any Trout Circle Water Waterouelity WaterOuality A ' QualltyStandard Standard•appliea' Standard applies 0.1 /0.2: that applies: �jQ125110 NIA Date• Sample ,..Collected, _ molddl r . Permit Date 1011i2015 — 9/30/2020 Last Revised 10-2-2015 Certificate of Coverage No. NCG02 ❑❑❑❑ CERTIFICATION "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." [Required by 40 CFR §122.22] Signature Date Mail Annual Summary Wastewater DMR,to the NCDEQ Central Office: Note the address is correct — Central Files is housed in DWR (not DEMLR) N.C. Department of Environmental. Quality (DEQ) Division of Water Resources Attn: DWR Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 Central Files Telephone (919) 807-6300 Questions? Contact DEMLR Stormwater Permitting Staff in the Central Office at: (919) 707-9220 Permit Date 10/112015 — 9/30/2020 Last Revised 10-2-2015 BENCHMARK EXCEEDANCE or TIER 2 DISCHARGE MONITORING REPORT (DMR) — STORMWATER SUBMIT TO REGIONAL OFFICE* General Permit No. NCG020000 "Use this form if. any stormwater.sampies have EXCEEDED.A BENCHMARK or if the facility is in TIER 2 MONITORING for any parameter (including TIER 2 for Turbidity). Send sample results to the DEMLR Regional Office within 30 days of receipt from the laboratory. Certificate of Coverage No. NCG02 Facility Name: Sample Collection Period: Period 1 ❑ Period 2 ❑ Calendar Year County: For Monthly Monitoring: Month Phone Number: Person Collecting Samples: Certified Laboratory: Lab # Lab # Has this facility had 4 or more benchmark exceedances for any single parameter, at any one SW discharge outfall (SDO)? Yes ❑ No ❑ Have you contacted the Regional Office?' Yes ❑ No ❑ Whom at the Region did you speak with? Part A: Stormwater Monitorina Reauirements (no VMA. see next naae for outfalls with VMA) OutFa[I No -- Date Seim pie. ;Collected F rt ` Total% Rainfall ti, , yr_ T )s,th(s SDO ti in.T' 2? - .Total; -��-Suspended-e ySol ids (TS5), ,y _ �mgl[ sr Settleable :Solids, ,'- nilllw r a -, Tu_ rbidity, NTIJ x ". _ �: ;Upsfream.(U)� Turbidi ty�' -.s "NTU Downstream (D)- Turbidity;,,, y , tyre NTEI� Mo inches YIN - A 100 50 (ORW, NOW, Tr, PNA) • 0.1 - - . 50 25A(lakes,reserwlrs,saltrwters) . 10. (f�eshwaterTrdeftnated streams lakes, and reservoirs NIA water Quality Standard applies NIA Water Quality standard applies Permit Date 1011112015 — 9/30/2020 Last Revised 10-2-2015 Page 1 of 3 Certificate of Coverage No. NCG02 ❑❑❑❑ Part A: Stormwater Monitoring Requirements (no VMA), Cont. �,.�.�..��._ Outfall,-�.Sol(ds(FTSS}; NO:- �• �..�.. :Dafe Sample Collecteo _ � • .�, To-tal4 ` .�T �Ra(nfall �; .� -� =;- n Iswtliis.�SDO;� m'iT(err2?n y r , .0 s� �- �.. � :Total � --_ � -.5uspended:•Settleable' ' ` µ , m 11 - n ;�., b -g k t .� �; r' ,solids;-- mlll - y r ,��<,.� �. �: = - . >- Turbidity, NTU - �_: «.: , —,, _- _: - Upstream (U) .Turbidlty, NTU_ _. , Downstream (D)' Turbidity, NTU - Nmor= YIN 100 50. (ORW, HOW, Tr, PHA) . 0.1 50 25 (takes, reservoirs,sattwatais) 10 (freshwater Tr designated streams lakes and reservoirs NIA water Qappliallty Standard applies NIA water Quality Standard applies i Part B: Stormwater Monitoring Requirements for SDOs with Vehicle Maintenance Activities (VMA) where facilities use > 55 gallons of new motor oil a month if averaged over the calendar year: NOTE. Other parameters only for outfalls that include both mining activities and VMA. :: 'r t", "h '`' ' s'Date �utfallMr No •. .r -'n. N, Sample `, .Collecfedr _ t �J. �•1 tc Total -Rainfall r �VIVfA ,fi.i4 i �:."''1^9 �TSS , "mgjj _� onty'V d 'Non polar Q8�G`; rtigll 4 f A*onlylfapplrcable i�„ ��Kr! .4. .t •S� a New Motor L O l Use . , #(gailano�}y., k 7 Sg : ' : rrillj` flf applicable 1'�- --. i_ _f Turbidity; -NTU If, applicable Upstream (tJ) 'Turbidity; : NTU ._ If applicable. = ' , Downstream {D} Turbidity,: NTU "NOEUryr !� NOF.LOW F5Fhes 100150 15 55 0.1 .60125110 NIA .NIA Permit. Date 10/1/2015 — 9/30/2020 Last Revised 10-2-2015 Page 2 of 3 Certificate of Coverage No. NCG02 ❑❑❑❑ CERTIFICATION "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." (Required by 40 CFR §122.221 Signature Date Mail Benchmark Exceedanceffier 2 DMR to Your DEMLR Regional Office Land Quality Section: 2090 US Highway 70 Swannanoa, NC 28778 (828) 296-4500 _RA_L_ .EH REGIONAL OFFICE 3800 Barrett Drive Raleigh, NC 27609 (919) 791-4200 WINSTON SALEM,.MGIONAL OFFICE 450 Hanes Mill Road, Suite 300 Winston-Salem, NC 27103 (336) 776-9800 Permit Date 1011/2015 — 9/30/2020 FAYETTEVILLE REGIONAL OFFICE J J 225 Green Street ~ Systel Building Suite 714 Fayetteville, NC 28301-5043 (910)433-3300 943 Washington Square Mall Washington, NC 27889 (252) 946-6481 CENTRAL -OFFICE Questions for The Central Office Stormwater Permitting Program? (919) 707-9220 610 East Center Avenue/Suite 301 Mooresville, NC 28115 (704)663-1699 WILMINGTON`REGIONAL OFFICE 127 Cardinal Drive Extension Wilmington, NC 28405-2845 (910)796-7215 Last Revised 10-2-2015 Page 3 of 3 LIMIT VIOLATION DISCHARGE MONITORING REPORT (DMR) — WASTEWATER SUBMIT TO REGIONAL OFFICE* General Permit No. NCG020000 *Use this form if any wastewater samples have EXCEEDED A WASTEWATER LIMIT for any parameter. Send sample results to the DEMLR Regional Office vkhin,30 days of receipt from the laboratory. Certificate of Coverage No. NCG02 Facility Name: Sample Collection Period: Qtr 1 ❑ Qtr 2 ❑ Qtr 3 ❑ Qtr 4 ❑ Calendar Year County: If Monthly Monitoring: Month Phone Number: { ) Person Collecting Samples: Certified Laboratory: Lab # Lab # Is this an industrial sand mine? Yes ❑ No ❑ Discharge to HQW or ORW waters? Yes ❑ No ❑ Discharge to SA waters? Yes ❑ No ❑ Discharge to Tr (Trout) waters? Yes ❑ No ❑ Discharge to S13 or PNA waters? Yes ❑ No ❑ If HQW, what is the 7Q10 flow rate? or Tidal, 7Q10 not available ❑ Wastewater Monitorina Reauirements .0 utfall '�t, Date SainpleL- C011ected Daily'Flow.'. Rate, cfs ^ pH ' ` rSUS r =Suspended R},Solids (TSSj',i} mgll , , •Settleable : Solids, rtilll , _Dis_charge Turbidity, NTU ' Upstream~(U) 'Turbidity; NTU. Downstream (D] Turbidity, 'NTU ' . Fecal Coliform, ` ...co1/100 mi. �i� T "_ '` {. ,�.y.., } �amolddlyrK or " NO FLOW" _ ' �• �' _ HQW or ORW 50°1d of �7010 - rmkah NO FLOWN 1kabls .. trvsh,riler 6.0-9.0' `ice°r 6•�-p• ' -Industrial Sind .. 25145 _ HQWoroRW '20130 HQWorORWm Tror.PNA _1011 HOW, oRW,SA, s% PHA, or any Trout 0.110.2 No Limit CircloWa�QuaftStandard oppliec 50/26/.10 V L 1 NIA QualityWater Standard .. NIA Water � Standarda .. NIA Permit Date 10/1/2015 — 9/30/2020 Last Revised 11-18-2015 Page 1 of 3 Certificate of Coverage No. NCG02 ❑QQ❑ Wastewater -Monitoring Requirements, cont. '�-.��--- . _ 'Outfall' " No - "v �q +-;�°. :;Date. Sample ' :Collected T 'i^"• - �� - "c.,, -Daily F_law.` ",-Rate,:cfs -;° ,��:-...,t"°� j:. .g' : �. �- � . ,,;,-pH; , �. �"SU" ""_.i^"4T"..,�' �-. t ' Total a. � :Suspended_ `� Solids rTSS , . mg li , � y °._ ,,_ 7`.`. - �:w : _ - ,:Settleable• Solids, mlll"' , '!(appllcebla �•��-� � =y- ' "-�.�- � � Discharge .; y'TurbidIt 'NTU- y : s•-fir ?.r •,-w- �_ _.��.. Upstream.(U) Turbidity,_ 'NTU - .. 'Downstream, (D).Turbid_i_ty; .NTU r . - Fecal " Coliform, col/100 ml .,, '(SA) S _ - moltldlyr ar "NO FLOW" - HQW or ORW 60% of - ' 7010 Indkab NO FLOW ifLO Ikabto freshwater " 6:0-9.0' " aattwater 6.8-8.6 tnduatrlat Sand 25145 . HQWorORW - -20130 = HOW orORwaggTrvrPtYA - 0115 - - - HQW, ORW, SA, SB. PNA orenyTrout 0.110.2 No -Limit ,Clrcle Water Standard 50I26110 NIA StaWater Quality ndard applies NIA Standard at:pv y - NIA Permit Date 10/1/2015 — 9/30/2020 Last Revised 11-18-2015 Page 2 of 3 Certificate of Coverage No. NCG02 ❑❑❑❑ CERTIFICATION "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." (Required by 40 CFR §122.221 Signature Date Mail Limit Violation DMR to Your DEMLR Regional Office Land Quality Section: MHEVILLE REGIONAL'OFFICE_ 2090 US Highway 70 Swannanoa, NC 28778 (828) 2964500 W 3800 Barrett Drive Raleigh, NC 27609 (919)791-4200 225 Green Street SysteI Building Suite 714 Fayetteville, NC 28301-5043 (910) 433-3300 943 Washington Square Mall Washington, NC 27889 (252) 946-6481 450 Hanes Mill Road, Suite 300 Questions for The Central Office j Winston-Salem, NC 27103 Stormwater Permitting Program? (336) 776-9800 (919) 707-9220 610 East Center Avenue/Suite 301 Mooresville, NC 28115 (704)663-1699 127 Cardinal Drive Extension Wilmington, NC 28405-2845 (910) 796-7215 �O Permit Date 10/1/2015 — 9/30/2020 last Revised 11-18-2015 Page 3 of 3 NCDENR Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report Forguidance on filling out this form, please visit: http://portal.ncdenr,oref web/Irjnpdes-stormwaterl Permit No.:/�/_/_/_/_/, _/_/^/ or Certificate of Coverage No.: Facility Name: County: Inspector: Date of Inspection: Time of Inspection: Total Event Precipitation (inches): Phone No. Was this a "Representative Storm Event" or "Measureable Storm Event" as defined by the permit? (See information below.) ❑ Yes ❑ No Please verify whether Qualitative Monitoring must be performed during a "representative storm event" or "measureable storm event" (requirements vary, depending on the permit). Qualitative monitoring requirements vary. Most permits require qualitative monitoring to be performed during a "representative storm event" or during a "measureable storm event." However, some permits do not have this requirement. Please refer to these definitions, if applicable. A "representative storm event' is astorm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours (3 days) in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. A "measurable storm event" is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DWQ Regional Office. By this signature, I certify that this report is accurate and complete to the best of my knowledge: (Signature of Permittee or Designee) Page 1 of 2 SWU-242, Last modified 7/31/2013 c 1. Outfall Description: Outfall No. Structure (pipe, ditch, etc.) Receiving Stream: Describe the industrial activities that occur within the outfall drainage area: 2. Color: Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint (light, medium, dark) as descriptors: 3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak chlorine odor, etc.): 4. Clarity: Choose the number which best describes the clarity of the discharge, where 1 is clear and 5 is very cloudy: 1 2 3 4 5 S. Floating Solids: Choose the number which best describes the amount of floating solids in the stormwater discharge, where 1 is no solids and 5 is the surface covered with floating solids: 1 2 3 4 5 6. Suspended Solids: Choose the number which best describes the amount of suspended solids in the stormwater discharge, where 1 is no solids and 5 is extremely muddy: 1 2 3 4 5 7. Is there any foam in the stormwater discharge? Yes No B. Is there an oil sheen in the stormwater discharge? Yes No 9. Is there evidence of erosion or deposition at the outfall? Yes No 10. Other Obvious Indicators of Stormwater Pollution: List and describe Note: Low clarity, high solids, and/or the presence of foam, oil sheen, or erosion/deposition may be indicative of pollutant exposure. These conditions warrant further investigation. Page 2 of 2 SWU-242, Last modified 7/31/2013 Georgoulias, Bethany From: Georgoulias, Bethany Sent: Thursday, October 29, 2015 11:01 AM To:'stodd.mickleborough@thequartzcorp.com' Cc: Bennett, Bradley; Pickle, Ken Subject: NPDES General Permit NCG02 Renewal Update - Special Notification for NCG020710 Dear Mr. Mickleborough, We are writing to notify you that your facility will receive a paper renewal package for this permit instead of an email about renewing your Certificate of Coverage (COC) on-line for this mine site, covered under Certificate of Coverage No. NCG020710 (Beaver Creek Mine). We realize that you requested the on-line renewal option and have been waiting for those instructions and PIN to complete it. We wanted to get in touch about why you'll receive something different. Inspections and sampling by U.S. EPA Region 4 staff earlier this year at three industrial mineral mines in western NC'have raised questions about whether this General Permit provides appropriate coverage for the discharges from similar types of mining and processing operations. We will renew your facility's coverage under the General Permit, but we will communicate special information with the renewal package. This site may need to apply for an individual NPDES permit in the future. Please be on the lookout for important correspondence from us in the coming weeks. Rega rds, The Stormwater Permitting Program Bethany Georgoulias Environmental Engineer Stormwater Permitting Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bet hany. ,georgo�lias cr,ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing;) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://porial.ncdenr.org/web/Ir/stormwater _>'Nothling Cornpares—._,- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. rI ma s` NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, R E. John Skvarla Governor Director Secretary February 13, 2013 Gregory Taveras The Quartz Corp, USA PO Box 309 Spruce Pine, NC 28777 Subject: NPDES General Permit NCG020000 Certificate of Coverage NCG020710 Seaver Creek Mine Mitchell County Dear Mr. Taveras: Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6300, Sincerely, ORIGINAL SIGNED 61 KEN PICKLE for Charles Wakild, P.E. cc: Asheville Regional Office Central Files Stormwater Permitting Unit Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919.807-6300 l FAX: 91 M07-6494 l Customer Service: 1-877.623-6748 Internet: www.ncwalerquality.org An Equal opportunity 1 Atrirmaiive Action Employer One NorthCarolina Naturally STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020710 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, The Quartz Corp, USA is hereby authorized to discharge stormwater from a facility located at Beaver Creek Mine Pink Mine Rd Spruce Pine Asheville County to receiving waters designated as Beaver Creek, a dlass C TR, waters in the French Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth -in Parts I, II, III, IV, V and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective February 13, 2013. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day February 13, 2013. ORIGINAL SIGNED M KEN PICKLE for Charles Wakild, P.E., Director Division of Water Quality By'Authority of the Environmental Management Commission W A rFi9Q Michael F, Easley, Governor William G. Ross Jr., Secretary 0) � [ North Carolina Department of Environment and Natural Resources 3 Q Coleen H. Sullins, Director Division of Water Quality August 31, 2007 Mr. )erry Prosser The Feldspar Corporation 530 Altapass Road Spruce Pine, NC 28777 Dear Mr. Prosser: Subject: Permit No. NCG020000 Certificate of Coverage NCG020710 The Feldspar Corporation Formerly Zemex Industrial Minerals Mitchell County Division personnel have reviewed and approved your request to change your name under the General Permit, received on August 2, 2007. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in die General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at (919) 733-5083, extension 502. Sincerely, ORIGINAL SiGNcD BY KEN PUL'F Coleen 14. Sullins cc: DWQ Central Files Asheville Regional Office, Water Quality Section Stormwater Permitting Unit ) North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Internet h2o.enr.state.natis 512 N. Salisbury St. Raleigh, NC 27604 ne NcrlhCarolina A ahlra!!y Phone (919) 733-7015 Customer Service FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% RecycledM% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCCO20000 CERTIFICATE OF COVERAGE No. NCG020710 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, THE FELDSPAR CORPORATION is hereby authorized to discharge stormwater from a facility located at BEAVER CREEK MINE PLAYROCK ROAD SPRUCE PINE MITCHELL COUNTY to receiving waters designated as Beaver Creek, 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 I,11, 11I, IV, V, and Vl of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective August 31, 2007. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 31, 2007. ORIGINAL SIGNED BY KEN PICKLE Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Re: NCG 020710, Beaver Creek Subject: Re: NCG 020710, Beaver Creek From: Starr Silvis <Starr.Silvis a ncmail.net> Date: Thu, 12 Apr 2007 14:52:38 -0400 To: Kelly Johnson <kelly.p.johnson a ncmail.net> CC: Laurie Moorhead <Laurie.Moorhead a ncmail.net> Kelly, The Beaver Creek Mine is pretty small. The actual disturbed area is small anyway. I have no concerns about permitting this site. Thanks for verifying the location and checking the facts on the application. The mines I was thinking we would inspect on the 8th are NCG020256 and NCG020257 Feldspar corporation, sullins wiseman and Chalk Mtn. They are both owned by Zemex, but there are all sorts of smaller corporation involved, so they say the Feldspar Corporation owner designation is still accurate. But we should certainly take a look at Beaver Creek and Pete Lawson tool They are all pretty close together. Tom Freeman has said he is sending me a copy of the SPPP that they just put together so they can correct anything that isn't right. I feel like they are (finally) making good progress, due in no small part to your persistence. Starr Kelly Johnson wrote: Starr & Laurie, We have received and application for coverage under NCG02 for Beaver Creek Mine in Spruce Pine (Mitchell County). This is the same owner as NCO20698-Pete Lawson Mine, which we returned in January requesting that they apply for an individual permit. This application had two incorrect items that I have verified with the applicant. The owner will be Zemex Industrial Minerals and the mine is located on Playrock Road. (The address provided for the mine location is actually their management office, but I wrote in the correct information.) This mine will drain to Beaver Creek (classified C, Tr). Note that Beaver Creek does have a portion that is FIQW, WS-I, but I have verified that that area is upstream of this mine (see the attached GIS map). This is an existing mine that Starr has already been working on. There is no mine dewateriq or process wastewater. (Starr, is this one that we are inspecting on 518?) Does the Asheville Regional Office have any concerns about issuing this? If not, I will issue it in 30 days (or after the inspection on 5/8 if that is the case). Thanks, Kelly Starr Silvis - Starr.Silvis@ncmail.net North Carolina Dept.-- .......................................................... of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection Section 2090 U.S. ?0 Highway 1 of2 4/12/2007 3:05 PM Re: NCG 020710, Beaver Creek Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 628-299-7043 Starr Silvis <Starr.Silvis u,ncmail.net> Environmental Engineer NC DENR - Asheville Regional Office Division' of Water Quality - Surface Water Protection Section 2 of 2 4112/2007 3:05 PM Michael F, Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, F.E. Director Division of Water Quality April 13, 2007 Mr. Jerry Prosser Zemex Industrial Minerals 530 Altapass Road Spruce Pine, NC 28777 Subject: General Permit No. NCG 020000 Beaver Creek Mine COC NCCO20710 Mitchell County Dear Mr. Prosser In accordance with your application for a discharge permit received on April 2, 2007, 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 requirements of North Carolina General Statute 143- 215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. Please also note the requirement to have a Stormwater Pollution Prevention Plan and to comply with the cut off concentrations listed in 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 permit that may be required. If you have any questions concerning this permit, please contact Kelly Johnson at telephone number (919) 733-5083 ext. 376. Sincerely, ORIGINAL SIGNED BY BRADLEY BEiVNETT for Alan W. Klimek, P.E. cc: Asheville Regional Office, Starr Silvis Central Files ,Stormwater Permitting Unit Files enc: Certificate of Coverage I�'" Warolina Naturrr!!y North Carolina Division of Water Quality 1617 Mail service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet; www.ncwatcrquality.ore vocation: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Oppoiiunity/Affirmative Action Employer — 50% Recyoied110% Post Consvmer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020710 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Zemex Industrial Minerals is hereby authorized to discharge stormwater from a facility located at Beaver Creek Mine Playrock Road Spruce Pine, NC 28777 Mitchell County to receiving waters designated as Beaver Creek, 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, IV, V, and VI of General Permit No. NCG02000 as attached. This certificate of coverage shall become effective April 13, 2007. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this 13`11 day of April 2007. ORIGINAL SIGNED BY BRADLEY BENNETT for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission LOCATION MAP: jr WL Jam' Beaver Creek Mine .� - 4� •t��(( t= r .w•;:� fir, ;r �� -''v� :��.`) .a C�Sfr 1 1' O (��r� r� ,,, "`� �`�77`�� li�1 � `�L.j� � +``tl�� .� � �`Y�1� �n `�• •' '�,�, ;� J�i � � C ` , rr,� r� `� � ti-7 I •�`1 %!J"1 � .J,�''� • •, a \L�� y�'-.,�•"'�!!! � !!Y .�'� '..� � '� �� f ' :�—��:"'W. {.tl. _ ' I• I �`� � \`�` � ` ,1., ',1 ^fie �1�-, �_� `�L�� lat)- -:��.� -_' _ �` �.� ��1[ 'n t , f, f , y� .��, z/l,.• y�-.. Lam', \ � `� J}(��'S� ! �;.""�' .� � `l � �, `� �%;;if ;�':,��. ti� = 'try,. � _.� � •,L.�.�` \.�-�� ,?�,� .�M4M •��/ �P+��Sf� �~ "J : ;err/. r �- • � %�r�� { ��•' � �`'�� '^��._- �%� .�i �r 4 l •i lU ' J )r l� ` {(fi 'r' �,\ �fF r '�1�1�,�• f` v^-1 = ,�%1 1 �{� a !J' � ��' i' �{Yil � \ � I �J ,}„/. "l�"s*7'•?1•'an� -� .� } ''�7" i i�., i�p`...kiil. / E � `�> JJ )t. ill � `�..C� c � ' � � �}�-�i�� i (��•,� "��.�• �a? 1^•,� �' � � err;' ',� 1 ''� ', c,;� �,(` ; trjfNt y�(�� f•. �:; : �'��✓w,� � . .r,ti:�',�?`��{� _ �•'�!—�..'�•I `l: \ `i wl'+ r` �•'� ..• \\`. 11f .l.�CJ% .�:�./1 L �`.l. 'l�ia.l�`\`,(C\: 1�:f.�� Latitude: 3515624" N NCG020710 Facility z Longitude: 8210322"W County: Mitchell Beaver Creek Mine Location Stream Class: C, Tr Receiving Stream: Beaver C eek Sub -basin: 04-03-06 Not to Scale 13everly laves Perdue, Governor `o�oF wArF,�oG Dcc Freeman, Secretary North Carolina Department of Environment and Natural Resources Colcen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FORM Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage NI C 1 0 10 N 10, 10 1 0 1 2 1 0 7 ] 0 Permit status prior to requested change. a. Permit issued to (company name): The Feldspar Corporation b. Person legally responsible for permit: Gregory Taveras First MI Last Operations Manager Tille 530 Altapass Road, P.O. Box 99 Permit Holder Mailing Address Spruce Pine NC 28777 City State Zip (828)765-9621 (828)765-6304 Phone Fax c. Facility name (discharge): Beaver Creek Mine d. Facility address: Pink Mine Road Address Spruce Pine NC 28777 City State Zip e. Facility contact person: Greg Taveras (828) 765-9621 First I MI 1 Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: X Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: Change Owner from Imerys USA. Inc to The Quartz Corp USA b. Permit issued to (company name): The Feldspar Corporation _ c. Person legally responsible for permit: Gregory Taveras First MI Last _ � D MAY 0 4 Nil mNRAVATER OUALITY PoIN r SOURCE BRANCH US Operations Director Title 530 Altapass Road, P.O. Box 99 Permit Holder ,Mailing Address Spruce Pine NC _28777 City State Zip (828) 765-9621 Greg.taveraspthequartzcorp.eom Phone E-mail Address d. Facility narne (discharge): Beaver Creek Mine e. Facility address: Pine Mine Road Address Spruce Pine NC 28777 City State Zip F. Facility contact person: Todd Mickleborough First M[ Last (828) 765-5500 Stodd.mickleborough ct thequartmor .cI om Phone E-mail Address Revised 812008 PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Peggy A Dortch 1� irst MI Lest Environmental Manager Title P.O. Box 309 Mailing Address Spruce Pine NC 28777 Cite State Zip (828) 765-8956 Peggy.dortch a thequartzcorp.com Phone E-mail Address Will the permitted facility continue to conduct the same industrial activities conducted prior to V. this ownership or name change? X Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: X This completed application is required for both name change and/or ownership change requests. X Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIF ATION (Permit holder prior to ownership change): 1, Gregory Taveras, att st that this application for a natnc/ownership change has been reviewed and is accurate and complete to the b st of myowledge. I understand that if all required parts of this application are not completed and that ' Iequ' ed supporting information is not included, this application package will be returned as incomp� V— Z-'F -// Date APPLICANYC ERTI FICATION I, Gregory Taveras, attestAKa-t tEsupporting plication for a name/ownership change has been reviewed and is accurate and complete to the be, t�of myledge. I understand that if all required parts of this application are not completed and that if �equi information is not included, this application package will be returned as incompl Sit;lUhture y-29-J/ Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 712008 Spruce Pine Operations The Feldspar Corporation & K T Feldspar Corporation DELEGATION OF AUTHORITY April 1. 011 Signature Authorization For National Pollutant Discharge Elimination System (NPDES) Discharge Monitoring Reports (DMR's), Permit Applications And Related Documents; For All Mine Permit Applications and Related Documents, And All Other Permits and Licenses Associated With Spruce Pine Feldspar Operations Whereas our NPDES permits, Radioactive Materials Licenses and our Land Quality permit requirements have become more involved, and to better manage these requirements, as of the signature date below, the following employees, or employees who may subsequently hold the same positions, are authorized agents of the principle executive officer to sign the NPDES and Land Quality mine permit renewal and modification applications and related documents. Employees registered as the Operator in Responsible Charge (ORC) pursuant to North Carolina State Regulations (15a NCAC 8g) are specifically authorized by rule to sign NPDES Discharge Monitoring Reports (DMR's). This delegation of authority applies to The Feldspar Cor oration and K-T Feldspar Corporation Mining and.12rodgetion a erations in and related to Spruce Pine NC. +a•., r;Y« .:��=- �.;� � Pei�nit?Authoiity.'�;...�.�,:,�.,„ ;.,1 .,;�,k0erator�iri:Res` ansible:Char'e` ORC)Aiitl�orit Greg Taveras — U.S Operations Manager Eddie Duncan — ORC for KT Feldspar S. Todd Mick]eborough — Mining Engineer, Spruce Dannv Thomas -- Backup ORC for KT Feldspar Pine Operations Glenn Young — Feldspar Production Manager, K-T Tim Calloway — ORC for The Feldspar Corporation Feldspar Jerry Prosser — Feldspar Production Manager, The Joe Pittman — Backup ORC for The Feldspar Fey!par Corporation Cor oration Peggy Dortch — Environmental Manager, Spruce ,Fine Operations Jeff Stoll — Health & Safety Manager RSO Authorityfor KT Feldspar and The Feldspar Cor oratio A Jo Wwr�h The Corp Witness Officer Date C Dat STOCK PURCHASE AGREEMENT THIS STOCK PURCHASE AGREEMENT (this "Agreement") is dated as of March J !, 2011, by and between Imerys USA, Inc.,. a Delaware corporation ("Seller"), and The Quartz Corp USA, a Delaware corporation ("Purchaser 1). WHEREAS, Seller and Mircal S.A. ("Mircal") are related entities within the larger Imerys group of companies; WHEREAS, Seller owns 100% of the shares (the "Shares') of both The Feldspar Corporation, a North Carolina corporation (' C" ), and K-T Feldspar Corporation; a North Carolina corporation ("K-T') (collectively, the "Purchased Entities"), both of which are a part of the Imerys quartz business; WHEREAS, Mircal has entered into that certain Master Agreement dated. December 23, 2010 (the "Master _Agreement") with Norsk Mineral A.S. ("Norsk"), pursuant to which (a) Mircai's affiliate Imerys USA, Inc. has agreed to transfer the -shares of the •Purchased Entities to The Quartz Corp USA, a company owned by The Quartz Corp. SAS and (b) Norsk has. agreed to transfer the shares of certain subsidiaries to The Quartz Corp SAS; WHEREAS, pursuant to the Master Agreement and' in order to consummate the transactions contemplated thereby, Seller desires to sell to Purchaser, and Purchaser desires to purchase from Seller, the Shares; and WHEREAS, capitalized terms used herein but not otherwise defined•herein shall have the meaning ascribed to such terms in the Master Agreement. NOW THEREFORE, pursuant to the Master Agreement and in consideration of the purchase price, mutual agreements set forth below and other good and valuable; consideration, the receipt and sufficiency of which are hereby acknowledged, the parties -agree as -follows: Sale of Shares. (a) Transfer. of Shares. Seller agrees to sell, transfer, assign and deliver the Shares to Purchaser on the Closing -Date. (b) Consideration. Upon the execution of this Agreement and as the sole and exclusive consideration for the sale of the Shares, Purchaser agrees to pay to Seller $12,000,000.00 for the shares of K-T and $18,000,000.00 for the shares of TFC; for an,:aggregate purchase price of $30,000,000.00, by wire transfer of immediately available U.S.- Dollars on the Closing Date. 2. The Closing. (a) Closing Date. The purchase and sale of the Shares shall take place on the Closing Date. LEGA102I32"2357A (b) Deliveries. 4n the Closing Date, Seller shall deliver to Purchaser, or shall caused to be delivered to Purchaser, the following: (i) original stock certificates representing the Shares executed for transfer or accompanied by executed stock powers; (ii) all company books, stock transfer records, corporate seals, certificate of incorporation and other corporate and shareholder records (all of which shall be up- to-date) of both of the Purchased Entities; (iii) unconditional resignation letters; effective on the Closing Date, from all the directors of the Purchased Entities; (iv) evidence with regard to the transactions contemplated by the Master Agreement that, in accordance with applicable labor laws, all required consultation procedures have been duly carried out at the local level; (v) a list of all bank accounts and names of all persons leaving signature authority over any such account and a list of the names of each person or entity, holding a proxy, general or special power of attorney, or other similar instrument from the Purchased Entities; and (vi) an assignment document assigning the Lnerys Excluded Quartz Assets and Liabilities from the Purchased Entities to-Seher. (c) Excluded Assets and Liabilities. Pursuant to the Master-Agreement,.Seller shall not sell and Purchaser shall not purchase or acquire and Purchaser shall not assume or become liable for any assets or liabilities, as the case may be, contained in the Imery§ Excluded Quartz Assets and Liabilities. 3. Representations and Warranties. (a) By Seller, Seller hereby represents and warrants to Purchaser as follows: W Seller is the record and beneficial owner of the Shares. ThelShares represent 100% of the outstanding capital stock of the Purchased Entities, -and represent all of Seller's right, title and interest in the Purchased Entities. Seller has -good and marketable -title to the Shares and the absolute right to transfer the Shares to Purchaser and such Shares; upon transfer to Purchaser, will be free and clear of all claims, liens, pledges, restrictions or encumbrances of any nature whatsoever. (ii) Seller has the power and authority to execute and deliver this Agreement and to consummate the transactions contemplated by this Agreement; and this Agreementas valid and binding upon and enforceable against Seller in accordance with its terms. ..2_ LFGALOW32442357v8 (b) By Purchaser. Purchaser hereby represents and warrants to Seller as follows: (i) Purchaser has the power and authority to execute and deliver this Agreement and to consummate the transactions contemplated by this Agreement; and this Agreement is valid and binding upon and enforceable against Purchaser in accordance with its terms. (ii) Purchaser is acquiring the Shares for its own account, .with the intention of holding the Shares for investment and with no present intention of dividing or allowing others to participate in this investment or of reselling or,otherwise participating, directly or indirectly, in a distribution of the Shares; and it will not make any sale, transfei or other disposition of the Shares without registration under the Securities Act of 1933, as amended (the "Securities Act"), and any state securities laws unless an exemption from registration is available under the Securities Act and any state securities laws. 4. Good Faith Efforts: Further Assurances: Cooperation. Seller and Purchaser shall in Good faith undertake to perform their obligations in this Agreeineat and cause the transactions contemplated in this Agreement to be carried out promptly in accordance with the terms of this Agreement. Upon the execution of this Agreement -and thereafter, 'each party shall promptly. execute such documents and other instruments and take such further actions as -may be reasonably requested by the other party in order more effectively to consummate or to document the transactions contemplated by this Agreement. 5. Miscellaneous. (a) Effective Date. Notwithstanding the date first above written; Mircal' and Norsk have agreed, pursuant to Section .31 of the Master Agreement, -that for accounting -and financial purposes, the transactions contemplated by this Agreement shall be deemed to be effective as of January 1, 2011. (b) Master Agreement, Nothing contained in this Agreement shall be deemed to supersede, diminish, enlarge on or modify any provision or any obligations, agreements, covenants or representations and warranties of Mircal or Norsk contained in the Master Agreement (all of which survive the execution and delivery of this Agreement as provided, and subject to the limitations set forth, in the Master Agreement). if any conflict.exists between the terms of this Agreement and the Master Agreement, then the terms of the Master Agreement shall govern and control. (c) Survival. All the covenants, provisions, agreements, representations and warranties provided by this Agreement shall survive the execution and delivery of this Agreement and all of the transactions contemplated hereby. (d) Ass __ment. This Agreement may not be assigned or delegated by any party without the prior written consent of the other. -3- LEGALOV32442357v8 (e) Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the matters set forth in this Agreement and supersedes any prior understanding or agreement, oral or written, with respect to such matters. (f) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. (g) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, and aA such counterparts shall constitute one and the same Agreement, binding on aA the parties notwithstanding that all the parties are not signatories to the same counterpart. [Signatures on following page] -4- LEGALOS2442357vS IN WITNESS WHEREOF, the parties have caused this Stock Purchase Agreement to be executed as of the date first written above. SELLER: Imerys USA, c. By: '[ Name: ELF Title: aA3v.e� PURCHASER: The Quartz orp USA By: Name:: Title: V to LEGAL02132442357v8 I NCDENR L I:v..GYMkT/" 1N.-- fi1_!]a.wCl_o Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year Month iDa J i. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C. S O I I I I I I N C G 0 2 O j 7 1 0 11. Permit status prior to requested change. a. Permit issued to (company name): THE FELDSPAR CORPORATION b. Person legally responsible for permit: GREGORY TAVERAS First Ml Last OPERATIONS DIRECTOR Title P.O. BOX 309 Permit Holder Mailing Address SPRUCE PINE NC 28777 City Stale Zip (828) 765-8956 (828)765-6304 Phone Fax c. Facility name (discharge): BEAVER CREEK MINE d. Facility address: 530 ALTAPASS ROAD Address SPRUCE PINE NC 28777 City State Zip c. Facility contact person: PEGGY ( ) 765-8956 82g DORTCH First I MI I Last Phone I11. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility ® Narne change of the facility or owner If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit: d L d. Facility name (discharge): e. Facility address: f. Facility contact person: THE QUARTZ CORP., USA GREGORY TAVERAS First Ml Last OPERATIONS DIRECTOR Title P.O. BOX 309 I'erniit Holder Mailing Address SPRUCE PINE NC 28777 City State Zip (828) 765-8956 x7012 Phone E-mail Address BEAVER CREEK MINE PINK MINE ROAD Address SPRUCE PINE NC 28777 City state Zip S. TODD MICKLEBOROUGH First Ml Last (828 )467-6673 Phone E-mail Address n Revised 2012Apr23 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (it'different from the person legally responsible for the permit) Permit contact. PEGGY A DORTCH First M1 Last ENVIRONMENTAL MANAGER Title P.O. BOX 309 Mailing Address SPRUCE PINE NC 28777 City State lip (828 )765-8956 peggy.dortch@thequartzcorp.com Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or. name change? x❑ Yes ❑ No (please explain) Vf Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: 0 This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, , attest that this application fora name/ownership change has been reviewed and isaccurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date APPLICANT CERTIFI TION i, GREG attest that this pplication for a name/ownership change has been reviewed and is accurate and complete to the best of y kno edge. I understand that if all required parts of this application are not completed and that if requir d,supporting information is not included, this application package will be returned as incompl / Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh. North Carolina 27699-1617 Revised 712008 f NORTH'CAROLINA Department of The Secretary of State To all whom these presents shall come, Greetings: hereby certify the following and hereto attached to be a true copy of ARTICLES OF MERGER OF THE FELDSPAR CORPORATION INTO 0 K-T FELDSPAR CORPORATION the original of which was filed in this office on the 13th day of December, 2012. Document Id-. C201234802198 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 13th day of December, 2012 Secretary of State I C201234802198 I SOSID: 0073741 t Date Filed: 12/13/2012 4:39:00 PM Effective: 12/3112 012 Elaine F. Marshall North Carolina Secretary of State C2012348021e.98 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 11:58 p.m. local time on December 31, 2012. LEQAL021334955 i 70 [Signature on following page] C201234802198 L! .. IN WITNESS WHEREOF, K-T Feldspar Corporation has caused this Certificate of Merger to be executed by a duly authorized officer this 13th day of December ,2012. K-T FELDSPAR CORPORATION ir/•'y 1 By:. 6 Vice President, Deputy General Counsel -- Americas and Secretary -2- LEG AL02l334955170 NORTH CAROLINA Department of The Secretary of State To all whom these presents shall come, Greetings; 1, i•'11r1i1\1'l, i'• 5 VVVl VLul� Vi VL4LV Vi L21V V4caLV hereby certify the following and hereto attached to be a true 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 WITLESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 13th day of December, 2012 Secretary of State Document Id: C201234802199 SOSID: 0073741 Date Filed: 12/13/2012 4:45:00 PM Effective- 12131l2012 Elaine F. Marshall North Carolina Secretary of State C20I2348021.99 ARTICLES OF MERGER OF THE QUARTZ CORP USA (Parent Corporation) WITH AND INTO K-T FELDSPAR CORPORATION (Subsidiary Corporation) 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 Carolina. 3. An Agreement and Plan of Merger has been approved by each merging corporation in the manner required by law, 4. The Agreement 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 p.m. local time on December 31, 2012. [Signature on following page] LECAL021334973080 e IN, WITNESS WHEREOF, K•T Feldspar Corporation has caused this Certificate of Merger to be executed by a duly authorized officer this 13th day of December 12012. LEGAL021334973080 . K-T FELDSPAR CORPORATION By: ':�4 usan 13. Radcliffe -2- — Americas and Secretary 1 l V