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HomeMy WebLinkAboutNC0085839_Issuance of Permit_19970110 State of North Carolina Department of Environment, Health and Natural Resources • Division of Water Quality Mleff TIP • James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary p E F-1 N Fl A. Preston Howard, Jr., P.E., Director January 10,1997 Mr. Charles F. Stover Unimin Corporation P.O.Box 588 Spruce Pine,North Carolina 28777 Subject: NPDES Permit Issuance Permit No.NC0085839 Red Hill Quartz Plant Mitchell County Dear Mr. Stover: In accordance with the application for a discharge permit received on April 22, 1996, the Division is forwarding herewith the subject NPDES 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 December 6,1983. 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, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. 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 Dave Goodrich at telephone number(919) 733-5083,extension 517. Sincerely, Original Signed By David A. Goodrich A.Preston Howard,Jr.,P.E. cc: Central Files Asheville Regional Office Mr. Roosevelt Childress, EPA Permits and Engineering Unit I Facility Assessment Unit P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone(919)733-5083 FAX(919)733-0719 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper Permit No. NC0085839 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE 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, Unimin Corporation is hereby authorized to discharge wastewater from a facility located at the Red Hill Quartz Plant off Highway 197 Mitchell County to receiving waters designated as the North Toe River in the French Broad River Basin in accordance with effluent limitations, monitoring requirements,and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective February 1, 1997. This permit and the authorization to discharge shall expire at midnight on December 31, 2001. Signed this day January 10, 1997. Original Signed By David A. Goodrich A. Preston Howard,Jr.,P.E.,Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0085839 SUPPLEMENT TO PERMIT COVER SHEET Unimin Corporation Red Hill Wastewater Treatment Plant is hereby authorized to: 1. After receiving an Authorization to Construct from the Division of Water Quality,construct a wastewater treatment plant for process wastewater from mineral extraction, located at Red Hill Wastewater Treatment Plant, off Highway 197, Mitchell County (See Part III of this permit), and 2. Discharge stormwater (Outfall 002) and wastewater (Outfall 001) from said treatment works at the location specified on the attached map into the North Toe River which is classified a Class C Trout waters in the French Broad River Basin. All discharges shall be in accordance with the attached schedules: Part I: Wastewater Monitoring,Controls and Limitations for Permitted Discharges Part II: Stormwater Monitoring,Controls and Limitations for Permitted Discharges Part III: Standard Conditions for NPDES Permits Part IV: Annual Administering and Compliance Monitoring Fee Requirements Part V: Limitations Reopener This permit does not relieve the permittee from responsibility for compliance with-any other • applicable federal,state or local law,rule, standard,ordinance,order,judgement or decree. �` 1. • `fie Y't- .� _z4 • I',�/, rKt`t �`� 5�` I .! i(...\,,,..:.:::' "•1 j,.., :r.,----.-_=,:-_--- ---,---;-:-',- - ,','- .-4.,,- ;,--_-,--id----?ii,-.\yfr i:-. , (::...-.:-.,s; ,-,.—: ,-----, ,..„ \ ,.,k..,,,`,. _.._,,...,_os_.--...„---------,---,:‘,____,71?_:,---,-.:,--- ..L,\„,1,\,._../- .„;;11,_......___:tiis' ) `-'-‘ c--,.. ,.. 0,,-,, ,,,,,. .,' H.....-''.ic...._;,--k....,7: ei, ,/rf ., ,,,, ,,, ...,,,;...., ,_,, ,,....„ _ ._ „_ l r /i .tl`�•_r.,=-' / i ;� ��J^'7( >', .rte-' . 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(rte /.1 •((-)1%."7 \ ' -�-- `1 ,(\,.`''� ,•S A Cl7?i N30” TENNESSEE 3,1..,000.FEETI (- \ l 36°00' I ' ' _--2 irr__ .. �_ JUNG 7ION :I�'9 MI 4, 82°15' • N-ERIOR—GEOLOGICAL SURVEY.RESTON.VIRGINIA—Ifs• 387013°."1. �� ROAD CLASSIFICATION SCALE 1 :24 000 PRIMARY HIGHWAY LIGHT-DUTY ROAD,HARD OR HARD SURFACE IMPROVED SJRFACE 1 MILE -- -: 9 SECONDARY HIGHWAY 0 7000 FEET HARD SURFACE 1=11.111= UNIMPROVED ROAD = _ = „•.;,m...;, _ = .. ac�aw^rro • n -.:amu.'.. Latitude 35°00'50” Longitude 82°16'05" 1i » I 1 KILOMEI ER F Map # C9SE Sub-basin 04-03-06 CONTOUR INTERVAL 40 FEET Stream Class C-Trout QUAD LOCATION Unimin Cor or Discharge Class 41 p ation NC0085839 Receiving Stream North Toe RiverAldIIIIIIIIIIF Mitchell County Design Q n RR? MGn Permit expires 12/31/01 Red Hill Plant Permit No. NC0085839 PARTI WASTEWATER MONITORING,CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: FINAL LIMITATIONS AND CONTROLS FOR WASTEWATER DISCHARGES This permit shall be modified or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving waters indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. • Part I Page I A. (I). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0085839 During the period beginning on the effective date of the permit and lasting expiration, the Permittee is authorized to discharge from outfall(s) serial number 001 - process wastewater from mineral extraction of ore. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day Units (Specify)! Measurement Sample *Sample Mon. Avg, Daily Max, Mon. Avg, Daily Max, Frequency Tyne Location Flow 0.682 MGD Continuous Recording I or E Total Suspended Solids 142.0 284.0 Weekly Composite E Total Fluoride 200.0 400.0 Weekly Composite E,U,D Settleable Solids Daily Grab E Turbidity " Weekly Grab E,U,D Chloride Monthly Composite E Chronic Toxicity *** Quarterly Composite E * Sample locations: E- Effluent, l - Influent, U- Upstream at least 50 feet, D- Downstream at least 300 feet. ** This discharge shall not increase the turbidity of the receiving waters more than 10 NTU. If the turbidity exceeds 10 NTU due to natural conditions, the discharge shall not cause any increase in turbidity. *** Chronic Toxicity (Ceriodaphnia) P/F at 1.2 %; January, April,July, and October; See Part I, Condition C.1. The pH shall not be less than 6.0 standard units nor greater than 10.0 standard units and shall be conducted daily at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part I Page 2 Permit No. NC0085839 SECTION B. SCHEDULE OF COMPLIANCE 1. The permittee shall comply with Final Effluent Limitations by the effective date of the permit. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. SECTION C: SPECIAL CONDITIONS I. CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure-Revised*September 1989)or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 1.2 % (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit 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. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form(MR-1)for the month in which it was performed,using the parameter code TGP3B. Additionally,DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests,as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing,this monthly test requirement will revert to quarterly in the months specified above. 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. Part I Page 3 Permit No.NC0085839 NOTE: Failure to achieve test conditions as specified in the cited document,such as minimum control organism survival and appropriate environmental controls,shall • constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. 2. The permittee shall obtain authorization from 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 additonal biocide used in cooling systems which may be toxic to aquatic life (other than those previously reported to the Division). Such notification shall include completion of Biocide Worksheet Form 101 and a map which shows 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. 3. Diversion or bypassing of untreated wastewater from the treatment facility is prohibited. 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. 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. This permit may 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. • Part I Page 4 Permit No.NC0085839 PART II STORMWATER MONITORING,CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A; 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 wastewater and stormwater associated with industrial activity.Such discharges shall be controlled,limited and monitored as specified below. 1. Stormwater Pollution Prevention Plans The permittee shall develop a Stormwater Pollution Prevention Plan,herein after referred to as the Plan. The Plan shall be considered public information in accordance with Part III,Standard Conditions,Section E.10.of this permit. The Plan shall include,at a minimum,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 contamination 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 with the distance legend indicating location of industrial activities(including storage of materials,disposal areas,process areas,and loading and unloading areas),drainage structures,drainage areas for each outfall and activities occurring in the drainage area,building locations and impervious surfaces,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 during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III,Standard Conditions,Section B.11. b. Stormwater Management Plan: The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater,including structural and non-structural measures. The stormwater management plan,at a minimum,shall incorporate the following: Part 11 Page 1 Permit No.NC0085839 (1) 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 stormwater. Wherever practicable the permittee should consider covering storage areas,material handling operations,manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable,the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)water priority chemicals,or storage of hazardous materials to prevent leaks and spills from contaminating 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 minimum 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(BMPs)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. The need 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 Plan: 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 times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. 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 training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel(or team)responsible for implementing the training shall be identified in the plan. f. The Stormwater 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. Part II Page 2 Permit No.NC0085839 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 discharge of pollutants via a point source to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice,the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing(in accordance with Part III,Standard Conditions,Section B.11.)to the Director that the changes have been made. h Facility Inspections: Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule,once in the fall(September-November)and once during the spring(April-June). The inspection and arty subsequent maintenance activities performed shall be documented,recording date and time of inspection,individual(s)making the inspection and a narrative description of the facility's stormwater 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 II,Section A.3.b.shall be performed in addition to facility inspections. Implementation: Implementation of the Plan shall include documentation of all monitoring, measurements,inspections,maintenance activities and training provided to employees,including the log of the sampling data.Activities taken to implement BMPs associated with the industrial activities,including vehicle maintenance activities,must also be recorded. All required documentation shall be kept on-site for a period of five years and made available to the Director or his authorized representative immediately upon request. 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 stormwater discharges that are required to be sampled,the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status,then sampling requirements may be performed at a reduced number of outfalls. b. Visual monitoring for color,odor,solids,foam,outfall staining,visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. 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,Standard Conditions). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: Part H Page 3 Permit No.NC0085839 (1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color,foam,outfall staining,visible sheens and dry weather flow are required,but analytical sampling shall not be required. (2) If the detention pond discharges only in response to a storm event exceeding a 25-year, 24-hour storm(See Part II,Standard Conditions,Section A),the pond shall be considered a non-discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. 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 results from sampling during the final year of the permit term shall be submitted with the permit renewal application. f. This permit regulates stormwater discharges associated with industrial activity. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by an NPDES permit. (2) Foundation drains,air-conditioner condensate without added chemicals,springs, waterline and fire hydrant,water from footing drains,flows from riparian habits and wetlands,fire-fighting training and fire system testing. (3) Discharges resulting from fire-fighting. If the storm event monitored and reported in accordance with this permit coincides with a non- stormwater discharge,the permittee shall separately monitor and report all parameters as required under the non-stormwater portion of this permit and provide this information with the stormwater discharge monitoring report. Part II Page 4 A. (3). STORMWATER MONITORING REQUIREMENTS - FINAL Permit No. NC0085839 (a). Analytical Monitoring. During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 002 - stormwater from process wastewater areas and adjoining stormwater collection areas. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Measurement Sample •• m le Monthly Average Weekly Average Daily Maximum Frequency Type Location Flow •• •• E Total Rainfall (inches) •• Event Duration(minutes) •• Total Suspended Residue(mg/1) Annual Grab E Settleable Solids(m1/I) Annual Grab E Turbidity(NTU) Annual Grab E pH(SU) Annual Grab E Fluoride(mg/I) Annual Grab E Chloride(mg/I) Annual Grab E Sample location: E - Effluent For each representative storm event the total precipitation,storm duration and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b)calculated based on the amount of area draining to the outfall, the amount of built-upon (impervious) area and the total amount of rainfall,or (c)estimated by the measurement of flow at 20 minute intervals during the rain event. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part H Page 5 Permit No.NC0085839 b. Visual Monitoring • Visual monitoring requires a qualitative visual inspection of each stormwater outfall,regardless of representative outfall status,for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge Monitoring Characteristics Frequency 1 Monitoring Type 2 Location3 Color Semi-annual Visual SDO Odor Semi-annual Observation SDO Clarity Semi-annual Visual SDO Floating Solids Semi-annual Visual SDO Suspended Solids Semi-annual Visual SDO Foam Semi-annual Visual SDO Oil Sheen Semi-annual Visual SDO Other obvious indicators of Semi-annual Visual SDO stormwater pollution 1 Frequency:The first visual monitoring event during the term of the permit must 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. 2 Monitoring Type:Monitoring requires a qualitative observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location:Stormwater Discharge Outfall(SDO). SECTION B: SCHEDULE OF COMPLIANCE The permittee 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 and updated thereafter on an annual basis. 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 permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. Part II Page 6 • Permit No. NC0085839 PART III STANDARD CONDITIONS FOR NPDES PERMITS SECTION A: DEFINITIONS 1. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251,et.seq. 2. rest Management Practices (BMPs) Schedules of activities,prohibitions of practices, maintenance procedures,and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks,sludge or waste disposal, or drainage from raw material storage. 3. Bulk Storage of Liquid Products Liquid raw materials (excluding water), manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons. 4. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. • b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean,values of zero (0) shall be considered to be one(1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 5. Calendar Day 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. 6. Coal Pile Runoff The rainfall runoff from or through any coal storage pile. Part III Page 1 Permit No.NC0085839 7. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The"daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day,the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods:January through March, April through June,July through September,and October through December. Part III Page 2 • Permit No.NC0085839 8. DWQ or "the Division" The Division of Water Quality, Department of Environment, Health and Natural Resources. 9. INC The North Carolina Environmental Management Commission. 10.Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 11. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long- term storage facility or a surface storage facility. 12. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is,therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as 'Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum,"in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 13. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. Part III Page 3 Permit No.NC0085839 b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A"continuous flow measurement" is a measure of discharge flow from the facility which occurs continually 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. 14. Permit Issuing Authority The Director of the Division of Water Quality. 15. Point Source Discharge Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. 16. Representative Storm Event A storm event that is preceded by at least 72 hours during which no storm event measuring greater than 0.1 inches has occured. 17. Runoff Coefficient The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 18. Sample Types a. Composite Sample: A composite sample shall consist of: (1)a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab 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. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (3)a single,continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater 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 time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six(6)hours nor the number of samples less than four(4)during a 24 hour sampling period. Part III Page 4 Permit No. NC0085839 b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 19. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year,24-hour storm event. 20. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right-to-Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements;and c. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4;or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 21. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production;hazardous substances designated under section 101(14)of CERCLA;any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 22. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act(Ref:40 CFR 110.10 and CFR 117.21)or section 102 of CERCLA(Ref:40 CFR 302.4). 23. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 24. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an Part III Page 5 • Permit No.NC0085839 industrial site. The term does not include discharges from facilities or activities excluded from the NPDES program. The following categories of facilities are considered to be engaging in "industrial activity": a. Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N, Parts 400-471 (except_facilitieswhich are exempted under (k) of this definition); b. Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267),28,29,30,311,32,33,3441,373; c. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined,but which have an identifiable owner/operator; d. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; e. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are subject to regulation under Subtitle D of RCRA; f. Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093; g. Steam electric power generating facilities, including coal handling sites; h. Transportation facilities classified as Standard Industrial Classifications 40,41, 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; i. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage,including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; j. Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area which are not part of a larger common plan of development or sale; Part III Page 6 Permit No. NC0085839 k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285,30, 31 (except 311),323,34 (except 3441),35,36,37(except 373),38,39,4221-25,(and which are not otherwise included within (a)-(j) of this definition). For the categories of industries identified in (a) through (j) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in (k), the term includes only stormwater discharges from all areas listed in the previous sentence (except access roads) where material handling equipment or activities, raw material, intermediate products, final products, waste material,by-products,or industrial machinery are exposed to stormwater. Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)-(k)) include those facilities designated under 40 CFR 122.26(a)(1)(v). 25. Ten Year Design Storm • The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded,on the average,once in ten years. 26. Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built-upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. 27. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 28. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. Part III Page 7 Permit No.NC0085839 29. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 30. Waste Pile Any non-containerized accumulation of solid, non-flowing waste that is used for treatment or storage. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee 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 permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the 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 the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of$2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions 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. Also,any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C.1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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. [Ref: North Carolina General Statutes§ 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 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. Administrative penalties 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 maximum amount of any Class II penalty not to exceed$125,000. 2. Duty 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 which has a reasonable likelihood of adversely affecting human health or the environment. Part III Page 8 Permit No.NC0085839 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part III, C-4) and "Power Failures" (Part III, 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 permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee 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. 6. Onshore or Offshore Construction 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. _ _ 7. Severability The provisions of this permit are severable, and 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. 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 to be kept by this permit. 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. 10. Expiration 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 Part III Page 9 Permit No.NC0085839 later than 180 days prior to the expiration date. Any permittee that has not requested renewal at • least 180 days prior to expiration, or any permittee 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. 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 employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars),if 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. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described 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, superintendent, a position of equivalent responsibility, or an individual or position having overall 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) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following 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." Part III Page 10 Permit No. NC0085839 • 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. 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 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge,are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance 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 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 operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part III Page 11 Permit No.NC0085839 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. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means 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 does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. 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 c.and d. of this section. c. Notice (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 affect of the bypass. . (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part III,E.6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee 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 c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. Part III Page 12 Permit No.NC0085839 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. 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. c. Conditions necessary for a demonstration of upset. A 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 permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part III, E.6.(b)(B) of this permit. (4) The permittee complied with any remedial measures required under Part III, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 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. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503,any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified,or revoked and reissued,to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated)within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DWQ Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power Part III Page 13 Permit No. NC0085839 failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature 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 entire period which 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 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. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR)Form(DWQ No.MR 1,1.1,2,3)or alternative forms approved by the Director, DWQ, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 • 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 are 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. Once-through condenser cooling water flow which is 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 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 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 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. Part III Page 14 Permit No.NC0085839 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 Clean Water Act 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 first 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. 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 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation,copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. • - This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit,the permittee shall record the following information: 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. Inspection 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 upon the permittee's premises where a regulated facility or activity is located or conducted,or where records must be kept under the conditions of this permit; b. Have access to and copy any records that must be kept under the conditions of this permit; • c. Inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit;and d. Sample or monitor for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part III Page 15 Permit No.NC0085839 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 shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 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 which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a)(1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, 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 in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part III.D.2 of this permit) 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 the permit,using test procedures specified in Part III, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part III Page 16 Permit No.NC0085839 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee 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. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part III. E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part III. E. 6. of this permit. 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. 9. Noncompliance 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 directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Part III Page 17 Permit No.NC0085839 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 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 of Water Quality. 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. 11. Penalties for Falsification of Reports The Clean Water Act 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 $10,000 per violation,or by imprisonment for not more than two years per violation,or by both. SECTION F. OTHER REQUIREMENTS 1. Construction No construction of wastewater treatment facilities, additions to the plant's treatment capacity or change(s) to the type(s) of process(es) utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division. Construction may not begin until written approval and an Authorization to Construct has been issued by the Division to the permittee. 2. Groundwater Monitoring The permittee shall,upon written notice from the Permit Issuing Authority,conduct groundwater monitoring as may be required to determine the compliance of this facility with the current groundwater standards. 3. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: 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/1); (2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter(1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. Part III Page 18 Permit No.NC0085839 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 ug/1); (2) One milligram per liter(1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. PART IV STANDARD CONDITIONS FOR NPDES PERMITS The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. PART V LIMITATIONS REOPENER This permit shall be modified , or revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under sections 302(b)(2)(c)and(d),304(b)(2)and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. contains different conditions or is otherwise more stringent than any effluent limitation in the permit;or b. controls and pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. Part III Page 19 • CONFIDENTIAL unimin cn� n Unimin Corporation (Rc� V 4000 Baker Road•Ottawa, IL 61350 (PHONE)815/434-4178•(FAX)815/434-3828 November 18, 1996 Susan Wilson,Environmental Engineer NC DEHNR- Div. of Water Quality P.O. Box 29535 Raleigh, NC 27626 Ph: 919/733-5083 Fax: 919/733-0719 RE: Unimin Corporation - Red Hill Facility - Draft Permit NC0085839 Dear Ms. Wilson: In response to the U.S. Fish & Wildlife Service comments of October 30 concerning the Red Hill wastewater discharge and its impact on the North Toe River (habitat of the federally-listed Appalachian elktoe), I would like to supply some additional information and comments. Unimin is not aware of any information that suggests that the current North Carolina water quality standards for the North Toe River are not protective of aquatic organisms in general and, specifically, the Appalachian elktoe. I question the validity of the Service's use of periodic water quality sampling data when they made their determination that the North Toe River has no "assimilative capacity" for additional loading of solids without taking into account the impact from other watershed sources on the North Toe River. Considering the natural fluctuation in the river's turbidity from normal events occurring in the watershed, the 10 NTU water standard for turbidity that the NC DEI-INR promulgated for Class C Trout waters, in my opinion, was meant to be used as a long term average. The data from the sampling required as part of our NPDES permit at our Quartz facility, shows that the annual average turbidity for the North Toe River is within the 10 NTU limit (see Appendix A). A natural ecosystem such as a stream is not a steady state system. Fluctuations in flow and instream water quality occur when the natural characteristics of the watershed are impacted by natural events and by man; e.g., sudden thunderstorms, prolonged rainfall periods, droughts, forest fires, and man's modification of the landscape. The concept that the turbidity limit must be met at all times for the protection of aquatic life is not supported by the reality of the normal fluctuations in the condition of the stream. The instream aquatic life (trout, insects, and I also presume, the mussels) have methods for coping with the natural periods of high turbidity, high flow, high suspended solids, and high settleable solids loading caused by natural events. The impact from NPDES permitted discharges on Total Settleable Solids, Total Suspended Solids, and Turbidity levels is very minor when compared to the impact that the water quality sustains from the aforementioned events. Our data shows that our downstream samples are generally clearer than our upstream samples. This, we believe, is caused by the drainages flowing into the river being cleaner than the North Toe River itself. RHQE&S4.DOC 11/18/963:09 PM Susan Wilson-NCDEHNR Unimin Corporation-Red Hill Facility-Draft Permit NC0085839 Page 2 We also do not agree with the Service's position that source identification is not relevant to the decision on permitting additional suspended solids loads. As noted in Mr. Augspurger's letter, Mike Parker of the DWG's Asheville regional office stated that "exceedences (in the 10 NTU turbidity standard of the STORET sampling data) were likely the result of non-point source pollution in the basin". We believe that this correctly reflects the current situation in the North Toe River. The non- point discharges, both natural and man-affected, are at least an order of magnitude greater than permitted discharges in their impact on the three water quality parameters of main interest to the Service (Total Settleable Solids, Total Suspended Solids, and Turbidity). A responsible industry which has a proven track record of compliance and a properly designed waste treatment system should not be denied a permit because the instream turbidity water quality parameters during natural storm events do not met the 10 NTU water quality criteria. The Red Hill plant's water source is the North Toe River. To determine the net impact of the Red Hill discharge on the river, one must first subtract the water quality parameters of the Intake Water from the water quality parameters of the Discharge Water. By calculation, wastewater discharge from Red Hill during a 7Q10 low flow period of 90 cubic feet per second (cfs) would impact the North Toe River turbidity by 1.2%, or 0.2% during a period of average flow (510 cfs). At these discharge rates, the impact on the turbidity of the North Toe River will be undetectable, as the detection limit for turbidity is 1 NTU. To look at a worst case scenario, if the river was in a 7Q10 low flow condition and our discharge was at its maximum flow with a turbidity of 10 NTUs greater than our intake water, then our discharge would have the effect of raising the instream turbidity level by a non-detectable 0.12 NTU, which is an insignificant impact on the river. Our instream samples for turbidity in the North Toe River at the Penland Bridge shows monthly averages ranging from six to 26 NTUs. Undoubtedly, the higher values were due to non-point discharges in the watershed. The instream samples for Total Suspended Solids (TSS) show monthly averages ranging from 5 mg/1 to 85 mg/I. This is similar to the turbidity issue in the fact that instream TSS levels are impacted significantly more by non-point discharges than by permitted NPDES discharge points. It should also be noted that there appears to be some confusion on the part of the Service concerning the definition of"TSS". TSS, as specified in our Red Hill NPDES permit, refers to Total Suspended Solids, which is a different measure and parameter than Total Settleable Solids. Total Settleable Solids is measured by placing a one liter water sample into an Imoff cone and letting the solids settle for 45 minutes. The volume of the solids which settle out is expressed in m1/1. The limit of detection for the Total Settleable Solids test is 0.1 m1/l. This test is very useful when used to determine the effectiveness of erosion and sediment control measures. It is a measure of the amount of fine sand and coarse silt in the water being tested. This test would have direct correlation to the potential for sedimentation in a stream or river. Total Suspended Solids, however, is a measure of both suspended and settleable solids, but not dissolved solids. A volume of water is passed through a filter, and the mass of residue on the filter is divided by the total volume of the water, yielding a Total Suspended Solids or (TSS) figure in mg/l. It is possible for a sample to have very low Total Settleable Solids and high Total Suspended Solids RHQE&S4.DOC 11/18/96 3:09 PM Susan Wilson-NCDEHNR • Unimin Corporation- Red Hill Facility-Draft Permit NC0085839 Page 3 numbers if the water contains a great number of colloidal and clay sized particles. The limit of detection for Total Suspended Solids is 1 mg/l. I have calculated what impact the Red Hill plant's 142 lbs/day Total Suspended Solids limit (as stated in the draft permit)would have on the river at a 7Q10 flow. If the river was at 7Q10 flow (which occurs statistically for one week every 10 years) and the river was at 10 mg/1 TSS, our discharge would raise the river's TSS level to 10.3 mg/1. If the instream river quality for TSS was 25 mg/1, then the discharge would have no effect on the instream concentration level. Also, if the river was at a TSS level higher than our discharge's TSS level, we would be discharging clearer water back into the river than we had taken out. Unfortunately, this cleaner discharge would not make much impact on the river because the discharge would be less than 1.2 % of the river flow; thus, making the Service's permitting approval condition "if remedial efforts result in the North Toe River regaining assimilative capacity for turbidity producing wastes" unattainable no matter how clear the discharge was. All of the above net changes are below the 1 mg/1 detection limit and the 2.8 mg/1 repeatability limit of the Total Suspended Solids test, thus, rendering the impact from this discharge undetectable. In summary on the issue of Turbidity, Total Suspended Solids, and Total Settleable Solids, the NCDEHNR was correct in their statement that this discharge will not have an adverse impact on the river because the limits set in our permit were written based on the 7Q10 flow of the river. If the river is over the TSS or Turbidity limit, our discharge's TSS should be lower than the river's; thus, netting a positive impact. If, however, the river's TSS or Turbidity is under the limit, then the addition of .1 NTU or .3 mg/1 to the instream flow would result in an "insignificant increase" in the river's turbidity. Also, because the plant site for Red Hill Quartz was at one time under various forms of agricultural practices (cultivation and grazing), it may be argued that our discharge because of the current soil and sediment control measures, may yield a net decrease in discharge to the river of Total Settleable Solids, Total Suspended Solids, and Turbidity. Regarding the Service's concern for the tolerance of freshwater mussels to fluoride, I'd like to note that the North Carolina water quality standard for fluoride is set at 1.8 mg/1 and was calculated using 1/20th of the most conservative value of 36.1 mg/L LC50 value for rainbow trout. This is the value used by the state to determine the total pounds of fluoride loading in the river based on 7Q10 flow. The Red Hill discharge to the North Toe River will be within this discharge parameter at the discharge point. The predicted instream fluoride concentration immediately downstream of the confluence of Big Rock Creek and the North Toe River at 7Q10 low flow is 1.16 mg/1. At the average flow of 510 cubic feet per second predicted fluoride concentration is predicted to be 0.24 mg/1. Unless the Service has indications of water quality impairment evidenced by instream biological monitoring that suggest that the current instream fluoride standard of 1.8 mg/I is not protective of aquatic organisms in general and the Appalachian elktoe mussel in particular, Unimin believes that draft permit NC0085839 should be issued. RHQE&S4.DOC 11/18/96 3:09 PM Susan Wilson-NCDEHNR Unimin Corporation-Red Hill Facility-Draft Permit NC0085839 Page 4 We do not believe that more frequent sampling of storm water is necessary. The current annual storm water sampling as required by the NPDES permit is more stringent than Federal rule requirements which only call for visual inspections and the implementation of a storm water management plan. Per the NPDES permit, storm water sampling must occur during representative storm events, which do not occur every time it rains, or even on a monthly basis. Unimin's Red Hill facility will have in place a series of safeguards designed to prevent chemical spills and upsets from reaching the river. All hazardous chemicals will be stored in above ground tanks surrounded by concrete secondary containment structures. The secondary containment will be installed before the tanks are placed within the structure. Any spills or upsets which might occur outside of this containment system would either be picked up in one of the plant's process wastewater sumps or would report to the emergency containment basin. The emergency containment basin provides a place to store process wastewater in the event of wastewater treatment plant shutdown. As an additional safeguard, the freshwater reservoir will be constructed immediately downstream of the plant site. This reservoir is of such size that it could serve both as a dilution source and a retention basin if needed. Unimin believes that the wastewater treatment system it has designed using Best Available Technology and the limits set by the Red Hill Quartz NPDES permit reduce to an insignificant level any impact from the Red Hill discharge for TSS, Total Settleable Solid and Turbidity. Additional control technology to further reduce Turbidity and TSS levels is not cost justified because of this insignificant impact to the river. Also, the design of the wastewater treatment system has utilized Best Available Technology for fluoride removal and meets the current accepted water quality standards for fluoride which is protective of aquatic organisms. Unimin is willing to meet with you in Raleigh in order to help bring closure to the water quality issues raised by U.S. Fish& Wildlife Service. Sincerely Yours, �J 4 SLd &l William Shalter General Manager/Env. Affairs Attachment: Appendix A CC: D. Bradley(Unimin) C. Stover(Unimin) T. Augspurger(Raleigh Fish&Wildlife Service) RI-IQE&s4.Doc 11/18/96 3:09 PM sc4:gtz-toe APPENDIX A • . CONFIDENTIAL RIVER READINGS-MONTHLY AVERAGES g a N UPSTREAM OF QUARTZ PLANT DOWNSTREAM OF QUARTZ PLANT QUARTZ PLANT EFFLUENT Settlable Settlable Settlable FLOW 1.993 TSS Solids Turb. F- TSS Solids Turb. F- TSS Solids Turd. F- MGD Jan 39 <.1 9 .31 31 <.1 7 .42 42 C.1 12 30 .83 Feb 14 .1 7 .38 11 .1 7 .53 35 <.1 13 27 .90 Mar 65 .18 11 .24 70 .17 10 .29 65 <.1 13 29 .90 Apr 31 <.I 8 .30 28 <.1 8 .36 32 <.1 II 25 .84 May 52 .1 18• .65 43 .1 13 .72 42 <.1 15 26 .82 Jun 17 .1 5 .48 15 .1 5 .63 25 <.1 11 27 .87 Jul 17 .1 9 .63 13 .1 9 .83 29 (.1 12 24 .89 Aug 13 <.1 5 .97 14 <.1 5 1.22 36 <.1 11 27 .87 Sep 12 (.1 7 1.12 11 (.1 7 1.21 • 32 (.1 10 24 .93 Oct 6 <.1 4 1.10 6 <.1 4 1.20 24 <.1 10 28 .BO Nov 6 <.1 4 .98 6 <.1 6 1.10 30 <.1 12 27 .85 Dec B <.1 6 .74 8 (.1 6 .85 27 <.1 9 25 .95 Avg: 23.3 <.1 7.8 .66 21.3 <.1 7.3 .78 34.9 <.1 11.6 27 .87 Settlable Settlable Settlable FLOW TSS Solids Turb. F- TSS Solids Turb. F- TSS Solids Turb. F- MGD CI .-I 1994 Jan 13 <.1 4 .49 9 <.1 4 .50 37 • <.1 12 23 1.10 Feb 11 <.1 7 .44 12 <.1 7 .56 37 C.1 13 24 .97 0 N Mar 23 <.1 8 .46 23 (.1 9 .53 33 <.1 10 26 .91 H Apr 16 <.1 8 .41 16 <.1 8 .42 43 <.1 14 24 .95 May 8 <.1 5 .54 B <.1 4 .58 54 <.1 14 25 .91 Jun 51 <.1 16 .60 44 <.1 13 .69 79 <.1 20 25 1.02 Jul 41 .16 20 .66 43 .15 17 .78 68 <.1 17 27 .89 ►-� Aug 47 <.1 14 .52 45 <.1 14 .59 133 <.1 27 27 .90 �E+ Sep 7 <.1 3 .73 6.9 (.1 3 .94 '/7 (.1 20 24 .86 =3 Oct 5 <.1 4 .72 6 <.1 4 1.05 99 <.1 21 27 .97 Nov 10 <.1 5 .77 10 <.1 5 .88 N/A <.1 N/A N/A .81 Dec 14 <.1 5 .65 14 <.1 6 .81 109 <.1 23 26 .8B Avg: 20.5 <.1 8.3 .58 19.7 <.1 B.0 .69 69.9 <.1 17.4 25 .93 8 APPENDIX A uuNriutn I IAL � . UPSTREAM OF QUARTZ PLANT DOWNSTREAM OF QUARTZ PLANT Settlable Settlable Settlable FLOW . TSS Solids Turb. F- TSS Solids Turb. F- TSS Solids Turb. F- MGD m 1995 Jan January 1995 data not included in info given to me this morning 0 m Feb 14 <.1 5 .55 16 <.1 6 .66 79 <.1 24 24 .92 d Mar 20 <.1 8 .54 22 <.1 8 .76 77 <.1 18 28 .92 Apr 6 <.1 3 .98 6 <.1 3 .92 73 <.1 20 26 .78 May 16 .1 8 .74 17 <.1 9 .73 44 <.1 14 20 .95 Jun 70 <.1 26 .55 70 <.1 26 .65 51 <.1 16 24 .92 Jul 17 <.1 6 .85 18 <.1 7 1.04 70 (.1 17 21 .98 Aug 30 .1 11 .83 31 .1 11 .92 47 <.1 18 20 .91 Sep 12 .1 6 .99 14 .1 6 1.16 68 <.1 14 19 .97 Oct 43 .2 7 .77 44 .2 8 .86 65 <.1 19 24 .97 Nov 9 <.1 4 . .68 9 (.1 4 .63 68 <.1 21 23 1.02 Dec 6 <.1 3 .88 7 <.1 6 1.09 72 <.1 19 22 1.09 ' Avg: 22.1 (.1 7.9 .76 23.1 (.1 8.5 .9 64.9 <.1 18.2 22.8 .95 Settlable Settlable Settlable FLOW TSS Solids Turb. F- TSS Solids Turb. F- TSS Solids Turb. F- MGD 1996 - --- Jan 57 <. 1 20 .57 58 (.1 22 .65 76 <.1 23 16 1.13 • Feb 14 <.1 5 .42 15 <.1 5 .50 87 (.1 21 16 1.23 Mar 19 <.1 9 .48 20 <.1 9 .58 63 <.1 16 17 1.30 Am- 18 <.1 9 .55 19 <.1 9 .65 77 <.1 17 20 1.14 N . May 32 <.1 13 .61 28 <.1 12 .70 57 (.1 30 28 .96 ,-1 - Jun 42 <.1 20 .57 41 <.1 19 .69 74 <.1 16 21 1.20 Jul 20 <.1 8 .99 16 <.1 7 1.12 43 <.1 16 19 1.25 Aug 85 .2 44 .67 84 .2 43 .76 51 <.1 16 16 1.46 Sep 18 <.1 6 1.15 14 <.1 6 1.28 39 < .1 16 21 1.160 N Avg: 33.9 <.1 14.9 .67 32.8 <.1 14.7 .77 62.4 <.1 19.2 19.3 1.20 1 Z E gg 2 ti .r rr 6 MINING FACILITIES ON THE NORTH TOE RIVER • Permit Limits and Monitoring Requirements ,4•\.,,_'4,/,..i5 eke.olik'7.1, Co 9,5z)j/ .„ Ng-CO 2.001 `y t�2u` ,NTS4- / ( 4° ,r Facility Unimin Schoolhouse Qtz. Feldspar Unimin Crystal K-T Feldspar NPDES No, NC000036I NC0000353 NC0084620 NC0000400 Mon. avg. Dail.max. Freq. Mon. avg. Dail.max. Freq. Mon. avg. Dail.max. Freq. Mon. avg. Dail.max. Freq. PF(MGD) 2.16 3.5 ').173 1.73 TF(#/day) 109 218 daily 174 348 daily _ 50 ' 100 weekly 132 264 weekly ;� /,_ , TF(mg/1) 6.1 12.1 6 12 35 70 9.1 18.2 TSS (#/day) 450 721 daily 1568 3137 daily 36.6 173.2 weekly 1240 2480 weekly TSS(mg/1) 25 40 54 108 60 120 86 172 SS monitor daily monitor daily monitor daily monitor -daily pH (SU) 6-10 daily 6-10 daily 6-10 daily 6-10 daily Turb(NTU) 10 daily 10 daily 10 daily 10 daily Tox P/F 10% Qtrly P/F 11%a Qtrly LC50>65%Qtrly P/F 6% Qtrly U,D TF,Turb TF,Turb, TF(wkly) TF,Turb, (daily) pH Turb, pH (daily) pH(daily) (daily-- y 3/week `�G�X06 ,�. 'T -tont- : S�4 4� �__� GT - (�3 g�1 0 Facility Unimin Qtz `Unimin Qtz(processing-new) (V4 (A L �� - _ NPDES No, NC0000175 , NC0085839 _1 ti Mon. avg. Dail.max. Freq. Mon. avg. Dail.max. Freq. �� t/� M `T��. PF(MGD) 3.6 0.682 1� TF(#/day) 2l8 436 ��%, daily ; 200 400 weekly �+ TF(mg/1) 7.3 14.5 35 70M TSS(#/day) 1320 2640 daily 142 284 weekly ��t (t•wr-. (p TSS(mg/1) 44 88 r 25 50 ` � ��� . )SS monitor daily monitor daily lko� ' �� `2. pH (SU) 6-10 daily 6-10 daily Turb(NTU) 10 daily 10 weekly C_6k)'Yr- Tox P/F 11% Qtrly P/F 1.15% Qtrly U,D TF,Turb , TF,Turb pH (weekly) (daily- , 1 3/weekT e t irEr ) N� f � � Coo -, on440A /) t � . -ii\ v\5 � � \ 0 October 2, 1996 DEHNR/DWQ FACT SHEET FOR WASTELOAD ALLOCATION NPDES No.: NC0020192 Applicant/Facility Name: City of Gastonia/Catawba Creek Wastewater reatment Facility Appli . t Address: P.O. Box 1748, Gastonia, NC 28053-174: Facili • ddress: Duke Street, Gastonia,Gaston County Permitt- • ow 8.0 MGD Type of W...te: Domestic- 50%/Industrial- 50% Facility/Pe Status: Existing/Renewal Receiving S. - .,. : Catawba Creek Stream Classific 'on: C (Changes to WS-III and B when e ters Lake Wylie) Subbasin: 030837 _ tre. Characteristic: County: Gaston US'.S # Regional Office: Mooresville . - USGS Topo Quad: G14NW •' age Area(mi2): 12 Discharge Location: Please refer to USGS map 'ummer 7Q10(cfs): 1.5 inter 7Q10(cfs): 3.0 Average Flow(cfs): 14 IWC(%): 90.29 Wasteload Allocation Summary Monitoring and limits will remain the ame for the majo- ty of parameters in the permit. Oxygen consuming wastes have gene . . not been a p,•blem. Lake Wylie continues to have problems with nutrients and therefo - the ph. - • total nitrogen and total phosphorus limits will remain in the permit. A reasonable potential analysis indicated that c•,• urn,cyanide,lead,and nickel will be limited during the forthcoming permit period. G• tonia expressed concern with meeting metals limits on a consistent basis and they belie - a that the WWTP would be less likely to violate metals limits if the NPDES permit had eekl• averages as well as daily maximums. The Division agreed to add weekly averages t. the NP'' permit for limited parameters. Review of pretreatment allocation table for •. .wba Creek ' indicated that three industries(Industrial Electroplating,Mode a S.Dyeing,an. pring Ford Knitting) discharge mercury to the facility. Merc monitoring is also ..uired as part of the Long Term Monitoring Plan (LTMP). Revie . of LTMP data for the •-riod 12/95-4/96 indicated only one detection on 3/7/96 -a merc , concentration equal to 0.' ug/1(greater than water quality standard of 0.012 ug/1). Merc monitoring(no limit)wi .- required in the proposed draft permit. (See attached summary for more d: •'1 on any of the above mentioned ite' s). Special Schedule Requirements . d additional comments from Reviewers: Recommended by: Date: Reviewed by Instream Assessmen . 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Staff Review and Evaluation NPDES Wastewater Permit FACILITY FORMATION Facility Town of Danbury NPDES No. NC0043290 Design Flow(M D) N/A Facility Class Water Treatment Plant Discharge STREAM CHARACTERISTICS Stream Name UT to Scott Branc Stream Class C Sub-basin 03-02-01 Drainage Area (mit) S7Q10 (cfs) W7Q10 (cfs) 30Q2 (cfs) IWC (%) Proposed Changes Parameters Affected Basis for ch. :e(s) Added Part IV reference N/A Not part of • evious permit Changed Monitoring Fl,'w, TSS, Settleable Solids, Modified t, reflect monitoring Frequencies urbidity,Iron,and TRC frequenci- identified in memo prepare, by Coleen Sullins dated :-pt. 30, 1992. Compliance Schedule: n/a Special Condition(s): n/a Permits&Engineering Comments: No DMR data was available for review. Prepared by: - Jeffrey T.Myhra Regional Office Evaluation and - ommendations: 16 zzNVQ sa-ild As co3ti 361 353 84620 400 Mon. avg. Dail.max. Freq. Mon. avg. Dail.max. Freq. Mon. avg. Dail.max. Freq. Mon. avg. Dail.max. Freq. PF 2.16 3.5 0.173 1.73 TF(#/day) 109 218 daily 174 348 daily 50 100 weekly 132 264 weekly TF(mg/1) 6.1 12.1 6 12 35 70 9.1 18.2 TSS(#/day)450 721 daily 1568 3137 daily 86.6 173.2 weekly 1240 2480 weekly TSS(mg/I) 25 40 54 108 60 120 86 172 SS monitor daily monitor daily monitor daily monitor daily pH 6-10 daily 6-10 daily 6-10 daily 6-10 daily Turbid. 10 daily 10 daily 10 daily 10 daily Tox P/F 10% Qtrly P/F 11% Qtrly LC50>65%Qtrly P/F 6% Qtrly U,D TF,Turb TF,Turb, TF(wkly) TF,Turb, (Daily) pH Turb, pH (Daily) pH(daily) (daily-- 3/week) 175 85839 Mon. avg. Dail.max. Freq. Mon. avg. Dail.max. Freq. 3.6 0.682 218 436 daily 200 400 weekly 7.3 14.5 1320 2640 daily 142 284 weekly . 44 88 25 50 - - monitor daily monitor daily 6-10 daily 6-10 daily 10 daily 10 weekly _ P/F 11% Qtrly P/F 1.15% Qtrly TF,Turb TF,Turb pH (weekly) (daily-- 3/week) MINING FACILITIES ON THE NORTH TOE RIVER Permit Limits and Monitoring Requirements Facility Unimin Schoolhouse Qtz. Feldspar Unimin Crystal K-T Feldspar NPDES No, NC0000361 NC0000353 NC0084620 NC0000400 Mon. avg. Dail.max. Freq. Mon. avg. Dail.max. Freq. Mon.avg. Dail.max. Freq. Mon. avg. Dail.max. Freq. PF(MGD) 2.16 3.5 0.173 1.73 TF(#/day) 109 218 daily 174 348 daily 50 100 weekly 132 264 weekly TF(mg/1) 6.1 12.1 6 12 35 70 9.1 18.2 TSS(#/day) 450 721 daily 1568 3137 daily 86.6 173.2 weekly 1240 2480 weekly TSS(mg/I) 25 40 54 108 60 120 86 172 S S monitor daily monitor daily monitor daily monitor daily pH (SU) 6-10 daily 6-10 daily 6-10 daily 6-10 daily Turb(NTU) 10 daily 10 daily 10 daily 10 daily Tox P/F 10% Qtrly P/F 11% Qtrly LC50>65%Qtrly P/F 6% Qtrly U,D TF,Turb TF,Turb, TF(wkly) TF,Turb, (daily) pH Turb, pH (daily) pH(daily) (daily-- 3/week) Facility Unimin Qtz Unimin Qtz(processing-new) - NPDES No, NC0000175 NC0085839 Mon. avg. Dail.max. Freq. Mon. avg. Dail.max. Freq. PF(MGD) 3.6 0.682 TF(#/day) 218 436 daily 200 400 weekly TF(mg/1) 7.3 14.5 35 70 TSS(#/day) 1320 2640 daily 142 284 weekly TSS(mg/I) 44 88 25 50 S S monitor daily monitor daily pH (SU) 6-10 daily 6-10 daily Turb(NTU) 10 daily 10 weekly Tox P/F 11% Qtly P/F 1.15% Qty U,D TF,Turb TF,Turb pH (weekly) (daily-- 3/week) THIS IS THE CURRENT MONITORING AND LIMIT SCHEME FOR THE MINING FACILITIES AS OF 10/96. October 16, 1996 /1/4. 6.5 to ism., • COPY FOR YOUR MORMON ��ENT OF ry United States Department of the Interior of km FISH AND WILDLIFE SERVICE A� �Iii — Raleigh Field Office Post Office Box 33726 �4RCH 3 �a"9 Raleigh,North Carolina 27636-3726 October 30, 1996 Mr. Dave Goodrich Division of Water Quality North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North%�� Carolina 27626-0535 Dear Mr. ooaxi The U.S . Fish and Wildlife Service has reviewed the public notice and draft permit for the proposed new National Pollutant Discharge Elimination System (NPDES) discharge sought by the UNIMIN Corporation (draft permit number NC0085839) . The facility proposes to discharge treated industrial wastewater and stormwater at a rate of 0 . 682 million gallons per day into the North Toe River, a Class C-Trout stream. As depicted on maps provided to the Division of Water Quality' s (DWQ) Biological Assessment Group on February 13 , 1996, this portion of the North Toe River is known habitat for the federally-listed endangered Appalachian elktoe (Alasmidonta raveneliana) . These comments are submitted in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e) and the Endangered Species Act of 1973 , as amended (16 U.S . 1531- 1543) (Act) . Service comments are within the timeframe of an extension granted by Ms . Susan Wilson of your staff during an October 22nd telephone call on the subject public notice. The Service' s primary concern with the draft permit relates to the proposed discharge of up to 284 pounds per day of suspended solids to a stream which is not meeting the North Carolina water quality standard for turbidity. The Service retrieved STORET water quality monitoring data for two stations in the subject drainage : station #E8100000 at Penland, NC on the North Toe River upstream of the proposed discharge, and station #E9990000 at Poplar, NC on the Nolichucky River downstream from the proposed discharge. A review of turbidity data from these stations from 1990 to the present indicates that ambient water quality on the North Toe River at Penland exceeded the State' s 10 NTU turbidity standard for protection of trout waters on 12 of 61 sampling events (20%) . Over the same time interval, the turbidity standard was exceeded on 13 of 60 sampling events at the Poplar station (22%) . These data indicate that the turbidity standard is not being met; they further indicate that there is no assimilative capacity for additional loading of solids or other turbidity-producing wastes in these waters . We discussed the results of our analysis of the STORET data with Mr. Michael Parker of the DWQ' s Regional Office in Asheville. He indicated that the exceedences were likely the result of nonpoint source pollution in the basin. The Service believes that source identification is important in remedying the cause of water quality degradation, but the sources do not appear relevant to a decision on permitting additional loads. Regardless of the sources, existing water quality is failing to meet State standards on one-fifth of all sampling events . The Service realizes that the draft permit is conditioned with a narrative qualifier to the proposed turbidity limit which states, "If the turbidity exceeds 10 NTU due to natural conditions, the discharge shall not cause an increase in turbidity. " The Service recommends against this approach for two reasons . First, it is now known that turbidity exceeds the standards; while the sources of the exceedences are not yet known, "natural conditions" have not been defined for the receiving waters. Second, the proposed discharge contains settleable solids which would likely contribute to instream turbidity. Although the Instream Waste Concentration is low (1 .2 percent of 7Q10 flow) , the addition of settleable solids to a stream exceeding water quality criteria, is not sound. The Service has additional concerns about the proposed permit. We would be pleased to discuss these concerns in more detail, but they are secondary to the assimilative capacity issue: o There is a lack of data on the tolerance of freshwater mussels to fluoride, and the degree of protectiveness of the proposed fluoride limit to this taxa is not known. We note that the Appalachian elktoe population in this portion of the North Toe River is stable and apparently not affected by fluoride loadings approximately 25 miles upstream near Spruce Pine, NC. While ambient fluoride concentrations in the area of the proposed discharge appear protective now, the effect of additional loadings within this known habitat is not known. We encourage no exceedence of the existing fluoride levels at the proposed discharge location. Alternately, toxicity tests with sensitive lifestages (glochidia and juveniles) of a surrogate mussel species should be employed to help determine the tolerance of the Appalachian elktoe to fluoride loadings and ensure the adequacy of the proposed fluoride discharge limit. o More frequent sampling of the stormwater management system appears necessary (the proposed annual sampling would be adequate only after a series of samples following rain events demonstrated the new system' s efficacy) ; o Previous fish kills in the drainage, associated with chemical spills, indicate the need for failsafe measures in the stormwater and spill`so�reneasures components of the system; and, . w o There appears to be the potential for additional solids and fluoride removal via sand filters, rotating drum systems, or other measures. The Service embraces a basinwide water quality management approach, but the first step should be to identify where standards are not being met and redress sources of impairment. We suggest that the applicant and DWQ work to identify and rectify the source (s) of the current exceedences of turbidity standards to restore ambient water quality. It is particularly important that involved parties work to remedy existing exceedences of water quality standards prior to additional loadings given the trout waters designation and the presence of the Appalachian elktoe. While the proposed discharge is relatively minor in terms of overall flow in the North Toe River, the Service views it as a step in the wrong direction and recommends that this permit not be issued in its current form. If remedial efforts result in the North Toe River regaining assimilative capacity for turbidity producing wastes, or if the applicant treats the effluent to eliminate turbidity-producing components from the discharge, the Service will re-evaluate the action. Please keep us informed of the status of this proposed action, including any official determination. We have contacted the applicant and plan to discuss our concerns with them soon. We would be pleased to meet with you to discuss our concerns in more detail . If you would like to meet, or if you have any questions about this report, please contact me at the address above, by phone at (919) 856-4520 x.21, or via e :mail at Tom_Augspurger@mail .fws.gov. Sincerely, Af4n1 Tom Augspur Ecologist cc: Wilson, NCDWQ, Raleigh Parker, NCDWQ, Asheville Hughes, UNIMIN Corp. , Spruce Pine Fridell, USFWS, Asheville Goudreau, NCWRC, Marion Powell, USEPA, Atlanta, GA FWS/R4 :TAugspurger:TA:10-28-96 : 919/856-4520x.21 :wp51\unimin.fnl /11/,6 Disct I4& c 0,3 NoiZTJ Toy P vE-2 7}4/s n rt_e. Dischargers along this here river what is called the North Toe River Mile NPDES Permit number 41.5 NC0000361 (uritM"N ) R6.5 "lQ10s= 3o 'lee) NC0000353 (T46 PtL125PA42- co2P.) 33.8 NC0084620 CUNrM�N1 yon - ru1W Nq �F5GrPri11�SMIrf NnS. N°� �� '`ISI i �✓ INc pco ,„,) 31.4 N 423 '� DR "'csus; ",17v 29.2 NC0000400 ( K.T. FEL.] s? ) 28.6 NC0000175 (O if1 I j) ►= 133 /9)S=45 27.5 Ambient monitori ng stat ion 21.6 {South Toe River junction} 6.0 NC0085839 ( UNIMIfJ) DA = 340 .-79t0 =90.7 VA J�1PD lav, �y o3 06 Z-3r-46 -Ml�Pplblor► '��� cto5� n �� z- N�t t N. «ti --1)10(0WAP Oftv ilk = 9b.5 \I -,. Q to,, �NtM1 A i / I ' MEMO , \\0- DATE: ,0 \,. 4kto SUBJECT: / To: 1, or Tt-1 E Mtn 6 SeRF^^q-=t I c ,c� .�,4c Vo k to 1 TA-R1r — R 1 O NIc t Vo u CZQ bz y �,� SUa S 0/.1l T M2 Titz OPDES 4cr“TrE-.s i boow © IT – poy LA417 To L.__ r--- taut — tam �-- L� 79 ,,,,, \. , -_", , • , ,.._„, ,T, 1 / From: A �, nvironment, '� � Deament of E., North caron p rcea sPrinted on Recycled Paper (A; ' h and Natural Resou,„,..-, Healt --fari4?-421 Ll�9 154-'1/4,,,,, - 2 7, i'e M/N7 tr` NCWRCMCP ,FALLS LAKE TEL :919-528-9839 Oct 23 '96 13 :26 No .005 P .02 � ) '.. North Carolina Wildlife Resources Commission 512 N. Salisbury Street,Raleigh,North Carolina Z7604-1188,919-733-3391 Charles R. Fullwood,Executive Director MEMORANDUM TO: A. Preston lloward Jr., Director Division of Water Quality FROM: Franklin T.McBride,Manager x,01 Habitat Conservation Program �'Y DATE: October 23, 1996 SUBJECT: NPDES No, NC0085839, Permit application submitted by UNIMIN Corporation for new industrial wastewater and storm water discharges into the North Toe River, Mitchell County. This correspondence responds to the Public Notice regarding a proposal to issue an new NPDES permit to the UNIMIN Corporation at their Red Hill Quartz operation off NC 197. The applicant proposes to discharge 0.682 million gallons per day of treated industrial wastewater and storm water from two outfalls into the North Toe River, which has the water quality classification of Class C:-Trout. These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.0. 661-667d.). Our major concern with this proposal is potential adverse impacts to the Appalachian elktoe (AJsmidonta raveneliana), a species listed as endangered by the U.S. Fish and Wildlife Service. This freshwater mussel occurs both upstream mid downstream of the site of the proposed discharges. We have the 1`ollowing comments regarding this permit application: 1) In order to maintain high water quality in the North Toe River, the applicant should explore the following options: a) using non-discharge alternatives, b) increasing the amount of water that will be reused rather than discharged, and e) incorporating the most advanced treatment available, which may include the use of sand filters. 2) We note that fluoride will be a component of the effluent. Is the fluoride limit proposed protective of freshwater mussels? NcWRC 'HOP 'FALLS LAKE TEL :919-528-9839 Oct 23 '96 13 :26 No .005 P .03 . NC0085839 Page 2 10/23/96 Thank you for the opportunity to review and comment on this project. if you have any questions regarding these comments,please contact Ma. Stephanie Qoudrtaut at 704/6524257. cc: Mr. David Goodrich,Division of Water Quality Mr.Tom Augspurger, USFWS,Raleigh Mr.John Fridell,USFWS,Asheville NCWRC -Mr. Chris McGrath,Mr. John Alderman, Ms. Stephanie Goudreau • • FACT SHEET FOR WASTELOAD ALLOCATION Request# 8490 Facility Name: UNIMIN CORP.-RED HILL QUARTZ OPERATION NPDES No.: NC0085839 Type of Waste: Industrial Facility Status: Proposed rn Permit Status: New r„ Receiving Stream: NORTH TOE RIVER Stream Classification: C-TR i' Subbasin: 040306 -J County: MITCHELL Stream Characteristic: -,. Regional Office: ASHEVILLE USGS # Requestor: WILSON Date: Date of Request: 5/28/96 Drainage Area(mi2): 340 (EST.)a 1 Topo Quad: C9SE Summer 7Q10 (cfs): 90.7 =+ Winter 7Q10(cfs): 125.6 Average Flow(cfs): 510 30Q2 (cfs): 183 IWC (%): 1.15 Wasteload Allocation Summary (approach taken,correspondence with region, EPA,etc.) Proposed treatment plant for the extraction and mineral process to produce high purity quartz sand. Wastestream will contain fluoride, chloride, sulfate,calcium, sodium, and TSS. No federal guidelines for this type mining facility. Application indicates 154#/d of fluoride loading is appropriate for this discharger. This loading will not violate instream standard for fluoride. Daily max. for fluoride given as 2 times mo.avg.limit based on other permitted quartz plants.oTSS limit based on loading for 25 mg/1 (wkly avg)*0.682 MGD * 8.34=#/d. Recommend limits or fluoride, TSS, Turbidity =10 NTU,Toxicity limit of 1.15% and pH. (Complete allocation of allowable fluoride represented in recommendation B. For future management of other fluoride discharging facilities that may locate in this segment of the North Toe,do not recommend this allocation be given.) Special Schedule Requirements and as ditional co I me . from Revi- , n ia— .IJIrr, Iiia a - I t i .X11 ice`=. { .7!.r���: ,.ICY_! s�'��/,�',a3 • Z`'WSIVIE AISVANEW l :'! 111=.1; 11996 M.W " gil/�i — IFf i -yam �i� .�.►I'. - ... '��..: � TY S Q-if rit, - . 77:1L-AQ6 •.- ... ' f!i ° % . : Recommended b : : ' ' Date: 7/24/96_ u•� 0010 Reviewed by Instream A .-ssment:j of ( Date: a`� �O 6 " i.rrvisor: Date: 7/��/96 ll // vy f i (II Or ither. tits &Engineering: / • � G� !IJ�� Date: . 7/JK/7b) //V 4/6S AUG n RETURN TO TECHNICAL SERVICES B : AU G 2 4 /7(44 /ll^ el )i4ii - 2 TOXICS/METALS/CONVENTIONAL PARAMETERS Type of Toxicity Test: Chronic Ceriodaphnia P/F Existing Limit: NA Recommended Limit: 1.15% Monitoring Schedule: JUL OCT JAN APR Recommended Limits (A) Monthly Avg. Daily Max. WQ or EL Wasteflow (MGD): 0.682 Fluoride (lbs/day): 1-1-0 TSS (lbs/day): 142 284 Turbidity (NTU) 10 b �� pH (SU): 6-9 Chloride (mg/1): monitor cp moniter—C_ 614 a Po c ) SC '1iICEv�j((. Sv !Icl,.S 111c'Yh Recommended Limits (B) Monthly Avg. Daily Max. WQ or EL Wasteflow (MGD): 0.682 4 Fluoride (lbs/day): 888 1776 WQ TSS (lbs/day): 142 284 BAT Turbidity(NTU) 10 pH (SU): 6-9 Chloride (mg/1): monitor Sulfate (mg/1): monitor X_ Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. OR No parameters are water quality limited,but this discharge may affect future allocations. JIvoricLU e e ti-E - Ptia64 etomaw4. 1112,40 c UhCor yr -bb 9-4);?Aff '4-I,e0 cUO c14 9 e "JAIL (all avcib(J )0&cJ o f Egg lbs/dpi.), c� OUck + )5Li ,Lb /cite Gzi> ;5 rurl vuppar+ bCi d- i (,v/ 5e41"-0.1 s e 'fryi s col 1 oca. -La 4 Wah/)6It o a/rJ ma) ei,181 `u4 C you wt-cr . ( , of -t lxcn5/&-no). 41,J 4,(AJA - wry a_ p-LiknitAj l oc�G I�o r r di �Frr n0 boJAV-1 /54 ie-bo/c/6,- 4 8NOzkot . Nj >7 teUrrW /N ���. (- ITS (4) 6i 1/VtJ 194 p( cuss/r&IS W/d `E- P r, A • 3 INSTREAM MONITORING REQUIREMENTS Upstream Location: 50 ft above outfall (must be above water intake) Downstream Location: 300 ft.below outall Parameters: Fluoride,Turbidity, Special instream monitoring locations or monitoring frequencies: MISCELLANEOUS INFORMATION&SPECIAL CONDITIONS Special Instructions or Conditions Wasteload sent to EPA? (Major) (Y or N) (If yes,then attach schematic,toxics spreadsheet,copy of model,or,if not modeled,then old assumptions that were made,and description of how it fits into basinwide plan) Additional Information attached? (Y or N) If yes,explain with attachments. • • Facility Name_Unimin-Red Hill Quartz Operation_Permit# _NC0085839 Pipe4t_001 CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure(North Carolina Chronic Bioassay Procedure- Revised *September 1989)or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is_1.2_% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of _JUL OCT JAN APR .. Effluent sampling for this testing shall be performed at the NPDFS permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form(MR-1)for the month in which it was performed,using the parameter code TGP3B. Additionally,DEM Form AT-1 (original)is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests,as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits,then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing,this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream,this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document,such as minimum control organism survival and appropriate environmental controls,shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. 7Q10 90.7 cfs Permitted Flow 0.682_ MGD , nded by: IWC 1.2 9b A /)(Avq , Basin& Sub-basin FRB06It-fir Receiving Stream North Toe River County _ Mitchell r /23/96 QCL P/F Version 9/91 State of North Carolina • Department of Environment, Health and Natural Resources ;4 Division of Water Quality l‘rA James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary p E H N F A. Preston Howard, Jr., P.E., Director Asheville Regional Office WATER QUALITY SECTION August, 5 1996 MEMORANDUM TO: Jackie Nowell Technical Services THROUGH: Forrest R. Westall ,,de Regional Water Qua Of, : pervisor FROM: Michael R. Parker Environmental ChemiIst SUBJECT: WLA for Unimin Corporation Red Hill Plant NPDES Permit No. NC0085839 Mitchell County I have reviewed the Wasteload Allocation Fact Sheet for the subject facility and offer the following comments : The TSS limit of 142 lbs/day monthly avg. and 284 lbs/day daily max. appears to be adequate . 6-10 Several years ago the mining companies in the Avery and Mitchell County area requested that the effluent pH limit be changed from 6 . 0 to 9 . 0 s .u. 6 . 0 to 10 . 0 s .u. . Since all of the other N yiA discharges have pH limits of 6 . 0 to 10 . 0 it is recommended that b this permit have limits of the same. /dJL CI ' Unimin Corporation requested 154 lbs/day (daily average) of /�Z ,p fluoride . Based on their testing and treatment scheme, this q(/'f j 4. was the limit that they felt they could achieve. The WLA has determined that there is 888 lbs/day of fluoride available in the river. It is my opinion that Unimin Corporation has the technology available (probably greater knowledge of fluoride treatment than any other company in the Spruce Pine area) to achieve this limit . However, I would not be opposed to giving Interchange Building,59 Woodfin Place ���� FAX 704-251-6452 Asheville,North Carolina 28801 � An Equal Opportunity/Affirmative Action Employer Voice 704-251-6208 Reduce Reuse Recycle 50%recycles/10%post-consumer paper Jackie Nowell Memo August 5, 1996 Page Two the company a fluoride allocation greater than they asked for. I would recommend that the fluoride limit be set between 180 and 200 lbs/day monthly average. There is no technical basis for this recommendation except that this would give the company a greater treatment capability and a larger margin for error should there be problems with their wastewater treatment facility. I am opposed; however, to giving Unimin Corporation the total of 888 lbs/day, since they only requested 154 lbs/day, and there is a strong possibility that one or more companies will enter the feldspar and high purity quartz market and will need an allocation of fluoride . Giving Unimin Corporation the 888 lbs/day would result in permit banking which is against the policy of the Division. At some time in the future, if Unimin Corporation decides to expand its operation at Red Hill, then they can request an additional fluoride allocation. There is no basis in our regulations to give this company the total fluoride allocation at this stream location, there is, however, basis to give them what they requested as long as it protects water quality. If you have questions or would like to discuss this matter further, please call me at 704/251-6208 . 656"A/A.7c,pa• ioe�o u�;ii� s � ie`itoriv4 a MT5 o1%sc p:%9;0- 45-A44 � / 0, 4). ‘e) J1 GLS �� N� �r y Time /8o --c9-e, # zt /,)4 /s ,4/7-f9.47,0) ) 'ev4-11L ti .r72 45 �- Pte" /,>nA ve a/Aid a �id 44r-e At, Sept. 18, 1996 MEMORANDUM TO: UNIMIN CORP. - RED HILL QUARTZ PLANT WLA FILE Proposed Permit No. NC0085839 Mitchell County FROM: Jackie Nowell RE: Final Recommended limits Per memo from Susan Wilson and telecon w/Mike Parker of ARO,the final recommended limits for the subject facility are as followed: TSS = 142 lbs/day (Mo. Avg.); 284 lbs/day (Da. Max.) Fluoride = 200 Lbs/day (Mo. Avg.); 400 lbs/day (Da. Max.) Turbidity - This discharge shall not increase the turbidity of the receiving waters more than 10 NTU. If the turbidity exceeds 10 NTU due to natural conditions, the discharge shall not cause any increase in turbidity. Effluent monitoring for settleable solids and chloride. Notes: The fluoride limit of 200 lbs/day limit is different than the recommended 154 lbs/day on the WLA factsheet. However, the August 5th memo to me from Mike Parker indicated that ARO was recommending Asf 180-200 lbs/day fluoride be given based on what the facility had requested for fluoride and their available treatment technology. According to Mike, there was a meeting between Forrest, Colleen and Dave to discuss the fluoride limit to be given and the 200 lbs/day was evidently the limit that was decided upon. Mike Parker confirms that ARO agrees with the 200 lb/day limit. It was decided by P&E to drop sulfate monitoring since the North Toe River was not a WS class. I again reviewed the application and saw that 20 mg/I of sulfate had been sampled,with an allowable concentration of approx. 19990 mg/1, it can be deleted. * UNIMIN CORP. Red Hill Quartz Operation jmn North Toe River C Tr 7/22/96 040306 Mining facility requesting proposed 0.682 MGD treatment plant for extraction and mineral processing to produce high purity and ultra high purity quartz sand. Wastewater will contain sulfate,chloride,fluoride,calcium,and sodium. Also will be discharging TSS with a daily average of 25 mg/1 per pennittee's application. Notes with app. indicate that BAT technology for the treatment of Hydrogen Fluoride(HF)containing waste stream is to neutralize the ww using Lime and this causes the formation of calcium fluoride. In practice,the practical removal rate of CaF2 in its precipitated state is 27 mg/l. This compares with a solubility constant of 17 mg/1 for CaF2 . A value of 225 lb of F-was provided by the industry as the appropriate fluoride loading. (Using the 27 mg/I removal rate of CaF2 * 1 MGD * 8.34 = 225.18 #/d). If the solubility constant of 17 mg/1 is used instead,the fluoride loading comparatively would have been 141 #/d. For the facility with a proposed design capacity of 0.682 MGD, the requested fluoride loading is: 27 mg/I removal rate of CaF2 * 0.682 MGD * 8.34 = 154 #/d P&E notes that similar mining dischargers of fluoride loading had TSS limited as a load (0.682 MGD * 8.34* 25 mg/I (wkly.avg) = 142 lbs/day Previously had estimated drainage area and flows info for Dept. of Commerce. Because of the large size of this River,>than 420 mi2,estimate could be off by several miles. Previously had estimated DA at proposed outtfall as 340 mi2-Estimated 7Q10 flow of 90.7 cfs, QA=510 cfs. Will recommend: Fl- = 154 lbs/day (Mo. Avg.)* 308 lbs/day (Da. Max.) TSS = 142 lbs/day (Mo. Avg.) 284 lbs/day (Da. Max.) Turbidity = 10 NTU because of trout classification on stream pH = 6-9 Toxicity limit of 1.15% *Other fluoride discharging plants on the North Toe R. (Unimin, Feldspar, etc.) by Division staff BPJ have given daily max. values @ 2x the monthly average for Fluoride and TSS, will recommend the same for this facility. Have recommended the Fl- limit that Unimin-Red Hill has indicated will be an "appropriate average daily fluoride loading" for this NPDES permit. DWQ must take into account the possibility that other quartz or fluoride discharging plants will come into this same area of the North Toe River. ARO has indicated that this is a possibility in the future. Existing North Toe fluoride dischargers further upstream have shared the fluoride loading Would consider this an initial management strategy for the allocation of allowable fluoride loading for this segment of the River. '' TOXICANT ANALYSIS Facility Name unimin-red hill NPDES# nc0085839 I Qw(MGD) 0.6821 • 7010s(ds) 90.71. /WC(%) 1.151 Rec'viing Stream north toe river Stream Class c tr FINAL RESULTS Fluoride Max.Pred Cw 0 ug4 Allowable Cw 156241.4 ugt Max.Value Chloride Max. Pred Cw OugA Allowable Cw 19964]78.4iug1 Max.Value 'f Ot Max. Pred Cw O ug/I Allowable Cw *VALUE! ugA Max.Value 0 Max. Prod Cw O141 Allowable Cw *VALUE! 'ugA Max.Value 0 Max. Prod Cw 0 ugA Allowable Cir *VALUEI ugA Max.Value 0 Max. Prod Cw Ougl Allowable Cw *VALUE! ;ugA Max.Value 01 7/22/96 PAGE 1 r UNIMIN - RED HILL PLANT • NIC0085839 'JNIMIN Red Hill is a proposed facility for the processing of ore for quartz. Mining will '-)e performed at the Schoolhouse or Spruce Pine plant. No mines will be operated here ;per Roy Riddle). Only processing will be done (this is because Fluoride limits are .-estrictive on the upper part of the N. Toe River). This discharge will be appx. 23 miles :Downstream of NC0000175. 3ased on ARO comments and BPJ, the fluoride load will be restricted to 200#/day [see NLA comments]. The facility has proposed a treatment system to treat fluoride to 27 mg/l. ti'SS is based on 25 mg/I, which the facility has predicted it can meet. No federal ;uidelines exist for this facility (and this type of ore processing for high quality quartz). Other parameters to be monitored are similar to permits in the upper part of the N. Toe diver. ltormwater from the process area and adjacent parking lots etc. will be routed to one outfall outfall 002, per application]. Stormwater monitoring has been incorporated into this permit- but not mining sw language, because only processing will be performed here at this time. l3asedon PDES rating sheet - this is classified as a minor facility. 2 D, cm. (0tj W%T4 /Ytilt-i �. (4tQ ) Wig 44.0'1 Ak040-00'045 VI IA. aF e1.-quoa (Exa Pc Z 14 . S•5 ` /11l61b UNIMIN -NOTES TO WLA FILE 5/28/96 The facility proposes to establish a feldspar quartz mine (this will be similar to the existing permits for NC0000361 and NC0000175, which were modified this year to account for Quartz production). The major constituent is the fluoride by- product. Currently, there are no Federal Effluent Guidelines for this type of mining. This permit should be similar to the existing permits for this type of mining activity and should include (minimum): TF, TSS, Toxicity, turbidity, pH, and temperature. The TSS load limit in the previous permit was established by taking the predicted monthly avg. TSS concentration * permitted flow. ,./J a. our wolf AstjLt-s . saysasiap ooc y ,vrAid,a— .{(ti3(Qi - 51A) LfI"utUAr4 p{aclaFt/Jtr(oa1 116 . Tee(Der) 4Ici.J & l#M5 Tod Ak440lz- -1-4i; 40,4.6 6u.c-- of TI �sG1Ai(Troki WO 0)lAC'r. 641, ,) Corporate Environmental Affairs Unimin Corporation 4000 Baker Road•Ottawa, IL 61350 (PHONE)815/434-4178•(FAX)815/434-3828 June 28, 1996 Susan Wilson Environmental Engineer NC Dept. of Environment, Health, and Natural Resources P.O. Box 29535 -- Raleigh, NC 27626-0535 ,v Ph: 919/733-5083, Fax: 919/733-0719 :D C: RE: NPDES Permit Application #NC0085839 Dear Ms. Wilson: Please find enclosed a report on wastewater disposal alternatives for Unimin's Red Hill plant site as requested in your May 28, 1996 letter. This report has been reviewed by Bill McCormick of Southerland Associates who will be providing a letter under separate cover concurring with the conclusion of the report. Please callme if you have any questions or comments. Sincerely, William D. Shalter General Manager/ Environmental Affairs WDS96:RHH2ODIS:klh Enclosures CC: R. Riddle (Unimin) Bill McCormick Southerland Associates C. Stover(Unimin) 255 B. Hebron St. CV Voelker(Unimin) Charlotte, NC 28273 1-800-786-0975 Wastewater Disposal Alternatives Prepared by William D. Shalter Gen. Mgr./Environmental Affairs Purpose The purpose of this report is to evaluate the feasibility of different disposal methods for the 0.582 million gallons per day (MGD) of industrial wastewater that will be generated by Unimin's new Red Hill Quartz plant. I. General Information A. Facility Location: Unimin Corporation - Red Hill Quartz Mitchell County P.O. Box 588 CFI Bakersville Rd. Spruce Pine, NC 28777 .v . Report prepared by: William D. Shalter, Gen. Mgr./Env. Affairs -_` Unimin Corporation 4000 Baker Rd. Ottawa, Illinois 61350 tv (815) 434-4042, ext. 222 —` Reviewed by: Bill McCormick Southerland Associates 255 B. Hebron St. Charlotte, NC 28273 1-800-786-0975 B. Description of the proposed discharge: The wastewater treatment system at the Red Hill Quartz plant will consist of neutralization, precipitation, flocculation, and sedimentation. The pH of the wastewater is controlled by neutralization of acid with hydrated lime. During this process, the calcium from the lime combines with the F- ions to form calcium fluoride which can then be precipitated out of the wastewater. The precipitate and any other solids in the wastewater are then removed by flocculation and sedimentation in the thickener. The underflow from the thickener is further dewatered by vacuum filtration before the solids are disposed of off-site. The process of lime neutralization of the acidity and fluoride content of wastewater will occur in three mix tanks (MT-31/32/33). The neutralized effluent will flow by gravity launder into the feed well of a thickener (TH-01). TH-01 will be 34' 0, based on test work by EIMCO. A provision for adding flocculant at three points along this launder is required (at the start, middle, and finish). Anionic flocculants are recommended for this application. WDS96:RHDSPSAL:klh Page 1 Overflow from TH-01 will flow into a sump and thence to Outfall 001. This flow will be able to be diverted to the emergency pond. Underflow from TH-OI will be pumped by a diaphragm pump (PU-41/42) to a 6' 0 X 10' drum filter (DF-OI), with provision to dump this flow to the emergency pond. The overflow from the drum filter will flow via a gravity launder back to the feed well of TH-OI. The filtrate will be pumped back to the feed well of TH-OI. The filtrate solids will be hauled to the permitted mining waste disposal site at either the Quartz or Schoolhouse Quartz plant. Disposal permit applications for the on- site disposal of wastewater treatment solids at the Red Hill site may submitted some time in the future. C. The industrial process which will be served by the wastewater treatment works is a high purity quartz purification plant. The purification of high purity quartz uses hydrofluoric and hydrochloric acids. Air pollutants from the process include HC1 and HF and particulates which are scrubbed from the air by wet scrubbers. The untreated wastewater therefore consists of fluoride, chloride, and total suspended solids. D. The permitted flow as requested in the NPDES application is currently for a multi-stage build-out over the next five years. The treatment works are being designed with a final discharge build-out flow of 0.682 MGD in mind. Unimin expects to reach the 0.682 MGD level sometime in the year 2001. H. Evaluation of Environmental Feasibility of Discharge Alternatives 1. Connection to sewage system This alternative was eliminated due to the plant site's remote location. The plant site is located in a rural mountainous county in the state with very little infrastructure. The nearest towns with existing sewer systems are Bakersville (pop. 800) 8 miles away and Spruce Pine(pop. *) 18.5 miles away. 2. Subsurface disposal system The metamorphic and igneous bedrock geology of the region is not conducive to subsurface disposal systems. The site is characterized by thin mineral soils overlying rock `„oa a o`�eNct types with low specific yields. Igneous and metamorphic rocks generally have very poor �,a"te,, primary porosity. The porosity of these rock types is generally due to secondary fractures f.,Pti - and fissures in the rock. As a consequence of thinner soils and bedrock conditions, the subsurface materials will not be expected to absorb large influxes of wastewater without becoming fully saturated. Subsurface disposal systems for the type of flows proposed by this application should only be considered as a possible alternative within the coastal plain deposits of southeastern North Carolina. WDS96:RHDSPSAL:klh Page 2 f 3. Spray irrigation systems Spray irrigation systems operate under the principle of applying the water to an area of land which will allow vegetation to utilize the water. This alternative is generally feasible when the wastewater contains nitrogen and other nutrients as wastewater contaminants. This system requires sites with soils of high permeability and high hydraulic loadings. The site slope characteristics should be conducive to a low potential for surface runoff The industrial wastewater from the Red Hill plant will not have a high nutrient value. The primary wastewater after treatment will contain dissolved solids of CaF2, CaC1 and suspended solids. The application of this water by spraying it on a suitable site would result in a buildup of CaCI in the soil, reducing the effectiveness of the vegetation. The real problem, however, with the Red Hill plant site lies in the slope characteristics of the site. The slopes of an ideal spray irrigation site would be, on average, less than 5%. The ` u S Red Hill site has slopes averaging over 11%. Disposal using spray irrigation will not work t;s„p a well with the topographic relief of the site for the disposal of the quantity of wastewater oil,' that will be generated by the plant because the slopes increase the potential for surface .1 Fr-' A i/4f runoff. vqi 0 `��, 5 t�a`� 6o F oP A1� 4. Discharge to a flowing stream w"Y I 0 Lt/ Discharge to a flowing stream was the option selected for disposal of the Red Hill Quartz treated wastewater. The outfall location will be on the Toe River with a 7Q10 CFS rate of flow. Conclusion Due to the unique quartz purification process, the wastewater disposal alternative selected for the Red Hill Quartz plant is to discharge the water back to the Toe River. This alternative is deemed the most appropriate after taking into account the site characteristics, discharge parameters, and site location. WDS96:RHDSPSAL:klh Page 3 ``- • Southerland • Associates, Inc. Engineers- Constructors 255 EAST HEBRON STREET • CHARLOTTE, NORTH CAROLINA 28273-5921 • (704) 527-4000 • FAX (704) 527-4459 Nct 5 r € p, ossa.. Aic June 28, 1996 704 5z7_ 40©0' Ms. Susan A. Wilson Environmental Engineer, NPDES Group ��ro/“ (,j /4h, 4 North Carolina Department of Environment Health and Natural Resources _ _ _ _ _ _ - — P.O. Box 29535 Raleigh, North Carolina 27826-0535 Dear Ms. Wilson, I have examined the NPDES Permit applica April 19, 1996 by Unimin Corporation for their proposea rcea Hili c.cuaiic riot„ and the report on Wastewater Disposal Alternatives by William D. Shalter. Mr. Shalter is sending a copy of the report directly to you. I have also visited the site of the proposed plant, and have examined drilling logs from sub-surface investigation, conducted by LAW Engineering. I concur with the conclusion of Mr. Shalter's report that discharge of treated rte- wastewater to the North Toe River is the only practical method of disposal. „,o PO r,(:” -v :r r 7... Your attention to this application is appreciated. If further information is required, do not hesitate to call directly or through Mr. Shalter. w "� c 4.77 c N Sincerely, SOUTHERLAND ASSOCIATES, INC. George W. McCormick, P.E. Sr. Civil Engineer cc: - Mr. William D. Shalter Gen. Mgr./ Environmental Affairs �. � CARp",,,,,, Unimin Corporation o ,.551 4000 Baker R. - cry Ottawa, Illinois 61350 SEAL y, ' / -A.M.G. =;� 6252 (� *-• -file -1407 o�c crane c&;` F W. Mcc,, , pO Imo! 2. , �'F�tfBtl�fJOTICS..`�, ' � $ G MITCHELL , -A• STATE OF NORTH .. Filed with jC L y' NEWS'.JOURNAL I • CARe there -,,s:; �Q (q 5 ENVIRONMENTAL 7•:!1t. 'ANAGEMENT COMMISSION . c4i, 1.� a 7lDn ID - 0a5.5_ �S I ' 1�ox'29535' ;' J On , 19— Cost o(Advcrtisnrent $ q 9 . 019 R{��`1��GH I�16Att�1 CAROLIN Tq • '27626-0535 • ; • Cost of Affidavit _ 0 z iloti GATiON OP INTENT' Certification $ f,TO ISSUEA STATE NPDES' , �9 . 00 .`'PERMIT t of publication of legal notice in Total $ .R.,;;y yi`�iaPP e.-_,,,, y r MITCHELL NEWS-JOURNAL On the basis:'-of thorough Staff ti STATE OF NORTH CAROLINA review,and application of Article# Spruce Pine,Mitchell County,NC weeks COUNTY OF MITCHELL T �1 of_Ctiapter•i 43, General n D p I.Jeff Buchanan,Sales Manager of the Mitchell News-Journal,a Statt itaIV: yfN611h Carolina i ,I — - L'- - G u $ q ' newspaper published in Mitchell County,North Carolina,in Public to 1, J -JOo and`other} Q' ✓ rrr///111 compliance with statutes G.S. 1-597 of North Carolina,as amended in I$yyfUl �c standards and $ 1947 session of General Assembly,being duly sworn,certify that the ; • -r regulatlons,1die,Oorth Carolina;: attached advertisement of Eh ii'r`6 'mental.Mariagen1eiif $ Grlilfiissibn prepbses to:issue f =►r. C ��— apermit=to discharge to the $ persons;listed below effectwe: 11/12/96 and,Subject to special $ was duly published in the aforesaid paper once a week for conditions. . i. : .- Persons• wishing to comment 1 $ ` consecutive weeks,beginning with the issue date upon;dr object to.the proposed,` G -06 , 19/;I- detef'rhination5 are invited to 1w subiriit same•Ili writing to the above.addresg'no ,later than ii (signed) ) 10/25/96. •Ali comments �tJ�w� ( wnper,Y er,Publisher oro r receileed `pri0r;to,'-that,date.twjl! �A-- Em to ec Authorized to make the affidavit) 6e considered in the formulation <����/�/ of final.determinations regarding Sworn to and subscribed before me this /�"� day of the proposed permit. A,public CO l 19 96 riieetirig they be'held where the C.7 Director. of;,the' !Division,?'of Environmental •Management; find .a�sigruficaht, degree,iof, public, interest 1h zeti proposed,,, p Ag ' Air.-4.1,,,..a-di i err tit x3rrl,yta „ti 7.�11t,:f`1 it i r Paid � ? t� ' '.t r *'t Notary Public or Mitchell County A`' 5pyof tl� d�aftsrpefmlt=i0719__ North Carolina ef „ available by tW it ng or oalliflg My Commission expires ��� the Division of Environmental';. Mtariagemerit, P O:,Box, 29535( F aleirgh;North Carolina 27626 No, 10535 (0'10)78 -7015;q11.. I Ana_application antt''.oth�lr NO. No. 0535,•(919)738-7015. ' • _ _1 0 W a 1i6ation` .t thOr ; �, anfor`tnation may inspected at • these'loCafions during ' narmai, t office hours. Copies''of the information f`dn`" fire are available ' upon request and payment'of i the costsof; reproduction. All such 'comments' or requests 'i• ,' ming 1:'•'pyPMip• + •. • ' p�'•Ltti6u1'd make rai eice to -t p ' a: NPDSYA'I ` Kuthier h ii _ • below••• + •r L Date:Sept. 18, 1956 .;� t David A: Goodrich for � • I.A: PreStoh`'NoWard Jr., P.E., - • ;; Director , i• • 4 Division' i`dt .f`nvitorittiental` .} Management'. ., ,a, or}; " , ~; PUblic notice of intent to issue a State NP-DES p4rmit to the. • following: • • • • . 1. NPDLSS No. NC0085839. ' UNIMIN Corporation, P.O. Box 888, Spruce Pine,:, North ' • Carolina 28777 has applied for a new permit for a• facility j ' � •' located at Red Hill-'Quartz s Operation, off Highway '197, ' , • • : Red Hill, Mitchell County.'The z - b..facility,:proposes toi,discharge t ,,. J. 0.6$2 MGD of treated it dustrial • "' • waste*ater 'and storm•water. / ;�• froni#wb' fits'llito:`NO'tti Toe;` ,:;:(i.,.. Ri.nieti-44 OAC- f ht r t " r '• rofr - -w' • •• `: • o parameferrs1 are"water "4. • • • • quality limited,: but • this. • discharge may affect future i ,; • , ,_:'. water •quality.,based effluent; limitations 'for additional dischargers withih this portion of'' j` the watershed ' #3728-25-96i. 8/ , } .. :w.. . 1 cnargers within this portion of thewatershed. 1 • 9.NPOES No.r 30422.ansemra ley Mobde Home Park. 131 Freeman Drive'WiYne.v lle.NC 2878e ‘,--)1A,1 has app=ed 4>a perrnit rertelwal 4or a tic ty locafed at WVVTP:iSt FYwnw►D►hra.e«+s+w4 . of Waynesvgs.Maywood r�ey nu,tacs.ty d O�,D 01 treated domestic..asi.wstar from one Durkin into Hyan Geek,a Creel C stream in the French Broad Hiner Basin wted'i has a 7010 Sow of 0.8 c .No parameters are water quality limited,but this discharge may afted future affeb.mtkx'O. • 10. NPDES No. NC0066842. Mr. Edgar W. McElroy, 2220 Dellwood Road, Waynesville, North Carotins 28786, has applied for a permit renewal for a facility located at McElroy Restaurant,2220 Dellwood Road West,Waynesville, Haywood County.The facility discharges 0.0030 MGD of treated domestic wastewater from one outfall into Factory Branch,a Class B stream in the French Broad River Basin which has a 7010 flow of 0.5 cls. 11. NPDES No. NC0032361.Autumn Care of Waynesville,Timberlane Road,Waynesville,NC 28786,has applied for a permit renewal for a facility located at the Autumn Care of Waynesville, Timberlane Road, Waynesville,Haywood County.The facility discharges 0.010 MGD of treated domestic wastewater from one outfall into Richland Creek,a Class 6 stream in the French Broad River Basin which has a 7010 flow of 0.1 cf.s Ammonia is water quality limited.This may affect future water quality based effluent limitations for addi- tional dischargers within this portion of the watershed. 12. NPDES No. NC0065986. Ms. Barbara Briggs, Post Office Box 351, Maggie Valley, NC 28751, has ap- plied for a permit renewal for a facility located at Dogwood Trails on NCSR 1306, Maggie Valley,Haywood County.The facility is not in operation now,but will be permitted to discharge 0.02 MGD of treated domestic wastewater from one outfall into Evans Branch, a Class C-Trout steam in the French Board River Basin which has a 7010 flow of 0.4 cfs.Ammonia is water quality limited.For some parameters,the available load capacity of the immediate receiving water will be consumed.This may affect future water quality based ef- fluent limitations for additional dischargers within this portion of the watershed. 13. NPDES No.NC0067369. Haywood County Board of Education, 1615 North Main Street,Waynesville. NC 28786 has applied for a permit renewal for a facility located at Crabtree-Iron Duff High School,at the in- tersection of NC Highway 209 & NCSR 1503, Crabtree. Haywood County. The facility discharges 0.005 MOD of treated domestic wastewater from one outfall Into Crabtree Creek,a Class C stream in the French Broad River Basin which has a 7010 flow of 3.0 cfs.No parameters are water quality limited, but this dis- charge may affect future allocations. 14. NPDES No.NC0067351.Haywood County Board of Education, 1615 North Main Street,Waynesville, NC 28786 has applied for a permit renewal for a facility located at Bethel High School on US Highway 276, west of NC Highway 110,Bethel,Haywood County.The facility discharges 0.015 MGD of treated domestic I wastewater from one outfall into Bird Creek,a Class WS III-Trout stream in the French Broad River Basin which has a 7010 flow of 2.5 cis.No parameters are water quality limited,but this discharge may affect fu- ture alocations. 15.NPDES No.NC0048143.Hemlock Village,Ltd.,438 U.S.Highway 14,Sheridan,WY 82801 has applied for a permit renewal for a facility located at Hemlock Village,Ltd.,325 Soco Road,Maggie Valley,Haywood County. The facility discharges 0.0075 MGD of treated domestic wastewater from one outfall into an un- named tributary of Jonathan Creek,a Class C-Trout stream in the French Broad River Basin.Ammonia and dissolved oxygen are water quality limited.For some parameters,the available load capacity of the immedi- ate receiving water will be consumed.This may affect future water quality based effluent limitations for addi- tional dischargers within this portion of the watershed. • 16.NPDES No. NC0072729.USDI-Blue Ridge Parkway,One Park Square,200 BB&T Building,Asheville, NC 28801 has applied for a permit renewal for a facility located at Mt.Pisgah Lodge and Rec.Area,Mt.Pis- gah Developed Area, Blue Ridge Parkway,Haywood County.The facility discharges 0.032 MGD of treated domestic wastewater from one outfall into unnamed tributary to Pisgah Creek,a Class WS III-Trout stream in the French Broad River Basin which has a 7010 flow of 0.15 cfs and a 3002 flow of 0.3 cfs. Dissolved oxygen is water quality limited.For some parameters,the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dis- chargers within this portion of the watershed. 17. NPDES No. NC0082953.James E.Zink,2816 Dellwood Road,Waynesville,NC 28786 has applied for a permit renewal for a facility located at Terry Lynn Motel,2816 Dellwood Road,north of Waynesville,Hay- wood County.The facility discharges 0.0016 MGD of treated domestic wastewater from one outfall into Fac- tory Branch,a Class B stream in the French Broad River Basin which has a 7010 flow of 0.12 cfs. No pa- rameters are water quality limited,but this discharge may affect future allocations. 18. NPDES No. NC0074063. Country Club Real Estate WNC, Inc., 630 Eagle's Nest Road,Waynesville, NC 28786 has applied for a permit renewal for a facility to be located at The Orchard Subdivision,southwest of Waynesville, off NCSR 1153, Haywood County.The facility proposes to discharge 0.01 MGD of treated domestic wastewater from one outfall into an unnamed tributary to Richland Creek,a Class B stream in the French Broad River Basin which has a 7010 flow of 0.11 cfs.Ammonia is water quality limited. For some Iparameters,the available load capacity of the immediate receiving water will be consumed.This may affect future water quality based effluent limitations for additonal dischargers within this portion of the watershed. 19. NPDES No. NC0083721. Florian and Dorothea Fueltz, 2506 Dellwood Road West, Waynesville, NC I, 28786 has applied for a permit renewal for a facility located at Parkway Inn, 2506 Dellwood Road West, west of Ivy Hills,Haywood County.The facility presently discharges 0.036 MGD of treated domestic waste- water from one outfall into Factory Branch,a Class B stream in the French Broad River Basin which has a 7010 flow of 0.34 cfs. No parameters are water quality limited, but this discharge may affect future alloca- tions. 20. NPDES No. NC0033600.Pigeon Valley Rest Home, Route 5 Box 102, Canton,NC 28716 has applied for a permit renewal for a facility located at NC Highway 110,south of Canton,Haywood County.The facility kdischarges 0.025 MGD of treated domestic wastewater from one outfall into the Pigeon River,a Class WS- III-Trout stream in the French Broad River Basin with a 7010 flow of 44.0 cfs. No parameters are water quality limited,but this discharge may affect future allocations. 21.NPDES No.NC0000329.Dayco Products,Inc.,US Highway 23/NCSR 1164 has applied for a permit re- newal for a facility located at Waynesville Plant,US Highway 23/NCSR 1164,Haywood County.The facility - i discharges 1.1 MGD of treated industrial wastewater from one outfall into Richland Creek,a Class B stream in the French Broad River Basin which has a 7010 flow of 5.6 cfs and a 30102 flow of 9.3 cfs. No parame- ters are water quality limited,but this discharge may affect future allocations. 22. NPDES No. NC0085839. UNIMIN Corporation, P.O. Box 588, Spruce Pine, North Carolina 28777 has applied for a new permit for a facility located at Red Hill Quartz Operation,off Highway 197,Red Hill,Mitch- f ell County.The facility proposes to discharge 0.682 MGD of treated industrial wastewater and storm water I from two outfalls into North Toe River,a Class C-Trout stream in the French Broad River Basin which has a ) 7010 flow of 90.7 cfs. No parameters are water quality limited, but this discharge may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. I `. September 25,1996 (6094) 84097-N rpI 1 i /. . A . . . COMBINED INVOICE I STATEMENT r Mitchell • NEWS-JOURNAL P.O. Box 339 NCDEHNR 123 Locust Street ACCOUNT NUMBER Environmental Management Spruce Pine, NC 28777 ENVMAN P 0 Box 29535 (704) 765-2071 STATEMENT DATE Raleigh NC 27626-0535 SEPTEMBER 27, 1996 PAYMENT I ENCLOSED $ PLEASE DETACH AND RETURN THE UPPER TERMS: ACCOUNTS PAYABLE UPON RECEIPT PORTION OF THIS STATEMENT WITH YOUR PAYMENT TRANSACTION TRANSACTION DESCRIPTION INCHES RATE INSER- OTHER TRANSACTION DATE NUMBER ; TIONS CHARGES TOTAL BALANCE FORWARD $0. 00 09/26/96 D Legal Ad #3728 16. 00 5. 75 0. 00 $92. 00 IPrepared By Date. fp -/S-f...6 , Plitt M t /p+/. Approved By: , Date• Rt ceived By: Date: Date Entered: BY __-.__I Vendor ID#: Group Contro# Date: Comper Amount Account (Ti- _._ 94.ad -5---3---CO /6,.16,o/ . - - �„c� . n euoGEt STATUS OF YOUR ACCOUNT 90 DAYS PAST DUE 60 DAYS PAST DUE 30 DAYS PAST DUE CURRENT TOTAL 0. 00 0. 00 0. 00 92. 00 92. 00 _`_ DISPLAY INCH TOTALS • PLEASE PAY • DISPLAY INCHES THIS MO. DISPLAY INCHES OTR-TO-DATE DISPLAY INCHES YR-TO-DATE ACCOUNT REPRESENTATIVE 16. 00 16.00 99 PAYMENTS RECEIVED AFTER 09/27/1996 ARE NOT REFLECTED ON THIS STATEMENT. MITCHELL NEWS-JOURNAL