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HomeMy WebLinkAboutNCG020274_COMPLETE FILE - HISTORICAL_20161020Ado STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. �V '�� OQ bc;� I� DOC TYPE HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE p �"O, G I D YYYYMMDD T Energy, Mineral and Land Resources ENVIPONMENTAL OVALITY Gregory Taveras The Quartz Corp USA P.O. Box 309 Spruce Pine, NC 28777 Dear Mr. Taveras: PAT MCCRORY Governor DONALD R. VAN DER VAART Scerefnrr TRACY DAVIS Director October 1$, 2016 RECEIVED OCT 202m CENTRAL FILES D►NR SECTION Subject: General Permit No. NCG020000 The Quartz Corp USA— Pine Mountain M&P CDC NCG020274 Mitchell County We received a request to modify the continuous flow measurement requirement (Footnote 7 to. Table 7 in the amended COC issued in November 2015) from Mr. Benne Hutson of McGuire Woods on behalf of The Quartz Corp on July 26, 2016. The request asserted that seven wastewater discharge points at the Pine Mountain operation do not have continuous flow. Consequently, The Quartz Corp is asking NC DEMLR to remove the continuous flow monitoring requirements at these discharge points. The DEMLR Stormwater Program hereby approves the modification request to allow an instantaneous grab sample of flow or alternative estimate of a daily flow rate (for example, using rainfall amount, percent impervious area, and/or runoff coefficient to calculate a daily flow rate in cfs from a precipitation event) in lieu of a continuous flow measurement reading to fulfill the flow monitoring requirement for the specified outfalls in the request. Please maintain this letter for your records for the duration of coverage under this General Permit. if circumstances of the outfalls at this site change in the future, you must notify the Division. Wastewater outfalls that the company refers to at Pine Mountain as #6, #5, and NOV do have.continuous flow..and should be monitoring according to the permit. 1 In addition, Mr. Hutson's letter asked for clarification about why mining wastes are classified as wastewater discharges. Any wastes (e.g., mine tailings) from the mining process that contacts stormwater is considered wastewater. This determination is not U.S. EPA policy but rather is based on the definition of "process wastewater" in federal regulations in 40 CFR 122.2: "any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product." Mr. Hutson's letter expresses concern about EPA's interpretation being based on data from western U.S. mines "where mine face is more likely to be reactive and leach metals." Perhaps the company's concern centers around mine face or mine excavation stormwater drainage instead of "mining wastes." We know there has been confusion about what stormwater run-off at a mine is considered wastewater, especially after renewal of the NCG020000 General Permit and EPA's intensified focus on State of North Carolina I Environmental Quality I Energy, Mineral and land Resources 1612 Mail Service Center 1 512 N, Salisbury St, I Raleigh, NC 27699 919 707 9200 T NCG020274 Modification Request October 18, 2016 Page 2 industrial mineral mines. In particular, the question about whether mine excavation area rainfall drainage should always be considered "mine dewatering" (and therefore wastewater) has come up. In response, DEMLR's Stormwater Program developed a guidance document to assist regional staff and NCG02 permittees in determining which discharges at a mine operation are stormwater and which are wastewater (enclosed). This guidance is also available on our website. Note the Division recognizes there is some ambiguity and debate about what qualifies as "mine dewatering" in the federal regulations, and that there may be situations where mine excavation run-off does not clearly fit the definition of mine dewatering in 40 CFR 436, which is specific to the type of mine. The task is not always straightforward because there are different implementation possibilities when considering the definition of "process wastewater" in 40 CFR 122.2, the definition of "stormwater discharge associated with industrial activity" in 40 CFR 122.26 (b)(14), and "mine dewatering" definitions in various sub -parts of 40 CFR 436. DEMLR must apply a determination that is consistent with federal requirements and expects the permittee to sample discharges accordingly. We hope this guidance helps clear up the questions you have and better understand NC's Stormwater Program's rationale. If you have questions about specific discharge outfalls at your site, please contact the Asheville Regional Office Stormwater Program staff to arrange a site visit. This permit modification does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mineral, and Land Resources, or permits required by the Division of Water Resources (DWR), Coastal Area Management Act, or any other federal or local governmental permit that may be required. If these monitoring modifications are unacceptable to you, you may apply sooner for an individual NPDES discharge permit. If you have any questions concerning this modification, please contact Bradley Bennett at telephone number (919) 807-6378, or Bethany Georgoulias at telephone number (919) 807-6372, Sincerely, for Tracy E. Davis, P.E., CPM cc: Benne C. Hutson, McGuire Woods Todd Mickleborough, The Quartz Corp Toby Vinson, DEMLR Land Quality Section NPDES Wastewater Permitting Fifes, NC000O40O Shawna Riddle, DEMLR Asheville Regional Office Linda Wiggs, DWR Asheville Regional Office Kip Tyler, EPA Region IV NPDES Permitting and. Enforcement Branch Stormwater Program Files DWR Central Files State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T Guidance for determination of NPDES regulatory status of various discharges on a mine site (Active and Inactive Mines) Jun 3, 2016; NCDE0 stormwater Program Feature contributing not :. ''' Rule or permit citations; to a discharge Conditions and comments sw' _. • ww' :'regulated- other guidance 1 Undeveloped areas at the site, w/o permitted Other areas closed out and fully reclaimed, too. X f: Excluded from stormwater def. in mining activity = _ 40CFR122.26(b)(14) 2 Overburden stockpile Not mixed with any mined materials or other wastewater 'X 'overburden' at drainage. Better when fully stabilized. -" 40CFR122.26(b)(14)(iii) 3 Sail borrow area drainage Like a borrow area at a construction site. X.. DEQ BPI interp. of citation above. 4 Vehicle maintenance areas Additional monitoring, if qualified by motor oil usage. If X , .:` _, consistent w/other regulated activity commingled with WW, discharge instead subject to `.t` - ' identified at 40CFR122.26(b)(14)(viii); wastewater sampling; additional 0&G sampling could be ; .w. ,,' S DEQ BPJ recommended but not required (per current permit). Y 5 Equipment boneyards ..X, ' - - 'refuse sites' in 122.26(b)(14) 6 AST Secondary containment release If uncontaminated. X' ` 'Y -";- 'tank farms' in 122.26(b)(14) 7 Access and haul roads, without dust control Except: roads off -site are not regulated X - •a - ., X, off•5 '. access roads' in sw definition in roads�'- 40CFR122.26(b){14) 8 Access and haul roads, with dust control, when If just stormwater runoff from sprayed roads. OK to spray " X.' : " : ` ; 5: t •_ - Above citation plus DEQ BPJ for spraying it's stormwater with mine pit water as lone as no significant or sustained mine dewatering water for dust control. flow, or discharge to surface waters results. Any 77� e Inspector BPJ to determine if excessive chemicals used should be approved and used in proper ' ; " ' ` "' ` 'f- ` flow or potential WQ problem is basis doses to prevent aquatic toxicity — refer to approved .r_ for wastewater determination. PAMS list or consult DWR Aquatic Toxicology Branch. 9 Access and haul roads, with dust control, when If recycled or process wastewater sprayed, or if spraying =c "X = NPDES process ww definition at it's wastewater excessive enough to cause sustained flow or discharge to 40CFR122.2 plus DEQ BPJ on prudent surface waters. Also wastewater if any chemicals applied ;.= protection for NC surface waters. are not approved by DWR Aquatic Toxicology or are used r Inspector BPJ to determine if spray in amounts that may cause aquatic toxicity. "-}_ '- ' a _` excessive. 10 5tormwater-only sediment basins If no wastewater contribution (mine dewatering, process "X' . `' k 5tormwater in: stormwater out, DEQ BPJ ww, flow from active mining area.) w 11 5tormwater-only sediment basin cleaning spoil Spoil may not impact wetlands. 'X `:_ = 15A NCAC 28 .0231, NC wetlands drainage standards 12 Wastewater treatment or recycle basin cleaning Includes basins that treat wastewater or mine r X Wastewater in: wastewater out, DEQ spoil drainage dewatering water. - _ BPJ 13 Processing plant: recycle water overflow or Even if caused by rainfall or mixed with stormwater F= X - - _ - 40CFR122.2 def. process ww; process wastewater runoff. Except: segregated areas that do not drain} '_ ; :. - `' plant yards' in stormwater definition at wastewater would be stormwater, but these are rare. X,'seg.area __ 122.26{b)(14) 14 Final product stockpile drainage, when it's For most construction materials including sand, gravel, X 'final products' in stormwater def. at stormwater and stone; industrial sand. 40CFR122.26(b)(14) 15 Final product stockpile drainage, when it's For some mineral mines where 'final' product is subject ,; ; " X 'comes into direct contact wastewater to further processing; and if final product exposes °. - with... intermediate product, final minerals, metals, or chemicals with aquatic toxicity or G product...' 40CFR122.2 Def. of process other pollutant risk: DEQ may regulate as WW-" ' wastewater; DEQ BPJ 16 Mine pit dewatering, pumped or drained by Including contributions from rainfall and groundwater. X _ 40C1711436.21, .31, and .41; efforts of the operator `= _ - `� DEQ BPJ default for all mines 17 Mine pit dewatering, via overflow due only to DEQ considers these types of discharges, including those X 40CFR436.31 Construction sand &grave! rain or groundwater seepage from clay pits (not specified in regs), as regulated -: -- crpsheg - t have effluent limits and "mine wastewater. Except: such wet pit overflows from 436.21X, dewatering" includes wet pit overflows; stone wet ,';tie=. - 436.41Industrial sand, same; Guidance for determination of NPDES regulatory status of various discharges on a mine site (Active and Inactive Minesl Jun 3, 2016; NCDEQ Stormwater Program Feature contributing `note ' Rule or permit citations; to a discharge Conditions and comments sw• s ww• =regulated • other guidance Crushed Stone treated as stormwater, as long as not DEQ 8PJ for 436.21 Crushed stone commingled with process generated wastewater.V narrower mine dewatering definition; T `• :. �,. DEQ 8PJ for clay. 18 Mine face / Mine excavation area drainage (not a e.g., mining an area on a mountain side or sand mine X. r • , DEQ 8PJ; Def. of mine dewatering in pit), when it's stormwater excavation area(s). When water from the mine area is 40CFR436.21, .31, and .41. Situations not "pumped, drained, or otherwise removed where stormwater inside a mine is not from the mine through the efforts of the mine' r- intentionally routed out of the mine by operator efforts. operator." But often mine excavation area drainage will be wastewater per 19. 19 Mine face / Mine excavation area drainage (not a e.g., active mining area on a mountain side or sand mine X Consistent with mine dewatering pit), when it's wastewater excavation area(s). Any "water that is impounded ' " definition in citations above and 'direct or that collects in the mine and is pumped, _. _- - - contact with'40CFR122.2 def. of process drained, or otherwise removed from the mine .-;. wastewater. Includes grading, channeling, ditching, or outlet through the efforts of the mine operator" is construction intended to remove/drain subject to effluent limitation guidelines. Also, mines = water from the active mining area. If where mine face exposure results in significant risk to - , exposure includes parameters not in water quality standards (note, an individual permit may NCG02 (metals, for example), a general be required to monitor parameters not in NCG02). permit may not be appropriate. 20 Legacy structures at a closed out and reclaimed And for closed out and fully reclaimed portions of an - k ' _ Excluded from stormwater def. in mine: e.g. stabilized overburden stockpiles, operating site r 40CFR122.26(b)(14); not included in stormwater basins, and pit/quarry overflows process wastewater definition at _ 40CFR122.2 21 Deemed permitted discharges Subject to NC rule, but not this permit. 2T covers - , - 15A NCAC 2H .0106(f) discharges to the land surface. 15A NCAC 2T .0113(a)(15),(16) Notes: • What is covered by NCG02? Stormwater and wastewater discharges from construction materials quarries, mineral mines, and stand-alone processing plants associated with them; and clay mines. What is not covered by NCG02? Discharges from tourist gem mines; brick manufacturing w/o clay pits (NCG07),- coal, peat, oil & gas; metal mining, • DOT borrow areas (NCS000150),• in -stream sand dredging (NCG52), mine operations already covered under an individual discharge permit. Wastewater commingled with stormwater is regulated as wastewater. Even if the discharge is rainfall driven. • Whether regulated with a permit under the NPDES program or not; mining discharges may not cause or contribute to a violation of an in -stream water quality standard. Bring DWR RO Supervisor into loop if observed site conditions suggest the potential for: a WQS violation. • Whether regulated with a permit under the NPDES program or not, mining discharges or operations may not: drain wetlands due to dewatering in the mine; blow out wetlands due to the volume of discharges; or damage wetlands with pollutants from the mine property. Bring DWR RO Supervisor into the loop if observed site conditions suggest the potential for wetlands damage whether intentional or incidental/accidental. The receiving water classification may determine the numerical value of the stormwater benchmarks or the wastewater limitations. See permit text. • What if continuous flow measurement of wastewater is impractical or overly burdensome, and discharge isn't pumped (no pump curves)? EPA has advised (3/24/2016) that continuous flow meter may not be necessary or practical in all situations, especially where flow discharge is infrequent; DEQ regions can make accommodations to allow permittees to use an alternative method to estimate discharge flows when appropriate. Consider that discharges to HQWs are subject to flow limits in the permit (based on NC WQS). Permit footnote language came from NPDES WW permit standard language and has remained in NCG02 for several permit cycles; DEQ will revisit at renewal. • Limitation.of authority: This -guidance table is intended as an on -site aid for DEMLR inspectors and for permittees. It does not replace relevant NC low, federal and state rules, NCG02 permit conditions, DEMLR polity, or DEMLR implementation precedent. - North Carolina Department of Environmental Quality Pat McCrory Governor Gregory Taveras The Quartz Corp USA P.O. Box 309 Spruce Pine, NC 28777 Dear Mr. Taveras: Donald R. van der Vaart Secretary November 16, 2015 RECEIVED NOV 18 2015 CENTRAL FILES DWR SECTION Subject: General Permit No. NCG020000 The Quartz Corp USA — Pine Mountain M&P COC NCG020274 Mitchell County In accordance with your request for a discharge permit received on June 30, 2014, we are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Energy, Mineral, and Land Resources. The Division may require modification or revocation and reissuance of the certificate of coverage (COC). Coverage under this General Permit for this particular facility is granted with the condition that the permittee performs additional sampling requirements as outlined in the amended conditions to the COC. These special provisions were prompted by results of sampling at this facility during the week of June 8, 2015, as requested by EPA Region 4 staff who performed a Compliance Sampling Inspection (CSI) at the end of March 2015. Sample concentrations raised concerns about metals levels in the discharges. The DEQ concluded that more data was needed to evaluate these discharges and potential water quality impacts. The additional provisions for this COC include: 1) In addition to the parameters in NCG020000, sample each stormwater discharge outfall (SDO) quarterly for five metals, fluoride, chloride, and total hardness listed in Table 1 as amended on page 2 of the COC. Benchmark values apply for many of these added parameters, and the permittee must follow tiered responses as outlined in the permit. 2) In addition to the parameters in NCG020000, sample each wastewater discharge quarterly for five metals, fluoride, chloride, and total hardness listed in Table 7 as amended on page 3 of the COC. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http:llportal.ncdenr.orglweb/Ir/ Mailing Address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper NCG020274 Renewal COC November 16, 2015 Page 2 These additional parameters include metals and other constituents which maybe present or will help us interpret the measurements (such as estimating the amounts of metals that are in dissolved form). The Division will consider the data upon submittal to determine the most appropriate permitting actions. It is possible that this facility will be directed to apply to the Division of Water Resources (DWR) for an individual NPDES discharge permit (or modification of its existing wastewater individual permit) priorto the expiration of this General Permit in 2020. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mineral, and Land Resources, or permits required by the Division of Water Resources (DWR), Coastal Area Management Act, or any other federal or local governmental permit that may be required. If the conditions as stipulated in the COC are unacceptable to you, you may apply sooner for an individual NPDES discharge permit. If you have any questions concerning this permit, please contact Bradley Bennett at telephone number (919) 807-6378, or Bethany Georgoulias at telephone number (919) 807-6372. Sincerely, 1 %% Z i for Tracy E. Davis, P.E., CPM cc: Toby Vinson, DEMLR Land Quality Section Tom Belnick, DWR Water Quality Permitting Section NPDES Wastewater Permitting Files, NCO000400 Stan Aiken, DEMLR Asheville Regional Office RE Linda Wiggs, DWR Asheville Regional Office Kip Tyler, EPA Region IV NPDES Permitting and Enforcement Branch Stormwater Permitting Program Files DWR Central Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020274 STORMWATER AND WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, and the North Carolina Administrative Code in NCAC 15A 02H .0114(b)(1), as amended, The Quartz Corp USA is hereby authorized to discharge stormwater and wastewater from a facility located at Pine Mountain M&P Hwy 226 N Spruce Pine Mitchell County to receiving waters designated as North Toe River, a class C;Tr water in the French Broad River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, and IV of General Permit No. NCG020000 as attached, and as amended in pages 2-3 of this Certificate of Coverage. Amended conditions 1. This Certificate of Coverage (pp.1-4) is an enforceable part of the permit. 2. In accordance with 15A NCAC 02H .0114(b)(1), the monitoring program in Part IV Section A, Table 1 Analytical Monitoring Requirements for Stormwater from Mining Activities, and Section D, Table 7 Monitoring Requirements for Wastewater Discharges of this permit are amended as follows: Table 1 Analytical Monitoring Requirements for Stormwater Discharges from Mining Activities Discharge Characteristics Units Measurement Fre uenc l Sample Type2 Sample Location3 Benchmark Settleable Solids MI/1 Quarterly Grab SDO 0.1 ml I Total Suspended Solids mg/1 Quarterly Grab SDO 50 mg/1 Turbidit 4 NTU Quarterl Grab SDO, U & D4 10 NTU Aluminum, Total Recoverables Mgj1 I QuarterlyGrab SDO 0.75 mg/1 Copper, Total Recoverable5 mg/1 Quarterly Grab SDO 0.010 mg/1 Lead, Total Recoverable5 mg/1 Quarterly Grab SDO 0.075 mg/1 Nickel, Total Recoverable5 mg/1 Quarterly Grab SDO 0.335 mg/1 Zinc, Total Recoverable5 m I Quarterly Grab SDO 0.126 mg/1 Total Chlorides m I Quarterl Grab SDO 860 m Total Fluoride5 m I Quarterly Grab SDO 6 m Total Harness as CaCOa 5 m I Quarterly Grab SDO N/A Total Rainfa116 I inches I Quarterly-- -- N/A Footnote: 1. Measurement Frequency: Quarterly (unless other provisions of this permit require monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous General Permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2. Grab samples shall be collected within the first 30 minutes of discharge. Where physical separation between outfalls prevents collecting all samples within the first 30 minutes, the permittee shall begin sampling within the first 30 minutes, and shall continue until completed. 3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site with the SPPP. 4. Turbidity must be monitored at the stormwater discharge outfall (SDO). In addition to the SDO, the permittee may elect to also monitor turbidity in the receiving water, directly upstream (U) and downstream (D) of the stormwater discharge outfall or group of outfalls to demonstrate the discharge has not caused a water quality standard violation of turbidity. If SDO turbidity level exceeds the benchmark, and the permittee cannot demonstrate the discharge has not caused a violation of the instream water quality standard, the Division may require the permittee to monitor turbidity up - and downstream as part of a Tier 2 or 3 response. S. Benchmark values apply for these parameters and prompt Tier responses as outlined in the General Permit. Benchmark values for metals are based on one half the Final Acute Value (lfz FAV), a threshold used to protect against acute impacts to aquatic life. 6. For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. 2 I COC No. NCG020274 effective November 16, 2015 Table 7 Monitoring Requirements for Wastewater Discharges in Section D -1., 2., 3., & 4. Discharge Characteristics Units Measurement Fre uenc 1 Sample Type Sample Location3 Receiving Waters H2 Standard Quarterlyl Grab E All Total Suspended Solids2 4 mg/I Quarterlyl Grab E All Turbidity2, 3 NTU Quarterlyl Grab E, U & D3 All Settleable Solids2 5 ml/I Quarterlyl Grab E HQW, ORW, SA, S13, PNA, Tr Aluminum, Total Recoverable6 Mg/1 Quarterlyl Grab E All Copper, Total Recoverable6 m l Quarterlyl Grab E All Lead, Total Recoverable6 mg/1 Quarterlyl Grab E All Nickel, Total Rec0verable6 m I Quarterlyl Grab E All Zinc, Total Recoverable6 m I Quarterlyl Grab E All Total Chloride6 m I Quarterl 1 Grab E All Total Fluoride6 mg/1 Quarterlyl Grab I E All Total Harness as CaCO3 6 Mg/1 Quarterlyl Grab E All Daily Flow Rated cfs Quarterlyl - E All Footnotes: 1. The monitoring frequency is quarterly. 2. Except for mine dewatering of clay pits, a grab sample is not required for these parameters from a basin/pond designed to contain or treat mine dewatering wastewater that only discharges in response to rainfall in excess of the 10-yr, 24-hr storm. 3. Sample Location: E - Effluent, U - Upstream, D - Downstream. Turbidity must be monitored at the effluent (E). If effluent levels exceed the Water Quality Standard of the receiving water, the permittee must begin sampling turbidity directly upstream (U) and downstream (D) of the effluent outfall or group of outfalls, in addition to the effluent, upon the next monitoring period. The permittee may contact the DEMLR Regional Office for assistance in determining the best instream sample points. The RO may also advise the permittee to relocate self -established instream sample points if appropriate. 4. All facilities that are mining Industrial Sand are required to monitor TSS and are subject to the TSS limits in Table 8. All other types of mines covered by this permit are also required to monitor TSS, but are not necessarily subject to the TSS limits in Table 8, unless discharge is to HQW, ORW, or PNA waters. S. Only facilities discharging to waters classified as HQW, ORW, SA, SB, Tr, or PNA are required to monitor for settleable solids. 6. No effluent limitation applies to these parameters. 7. Daily flow rate shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a means to calculate the daily flow rate. 3 I COC No. NCG020274 effective November 16, 2015 This Certificate of Coverage shall become effective November 16, 2015. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day, November 16, 2015. for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission 4 1 COC No. NCG020274 effective November 16, 2015