NC0033570_Regional Office Historical File Pre 2018

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
July 24, 2008
Mr. Ralph Hawk
Chemetall Foote Corporation
348 Holiday Inn Drive
Kings Mountain, NC 2.8086
William G. Ross, Jr., Secretary
l
Coleen H. Sullins, Director
_
Subject: Issuance of NPDES Permit NC0033570
Kings Mountain Operations
Cleveland County
IIT=U'r='WI M-i
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to
the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between
North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently
amended).
This final permit includes one major changes from the draft permit sent to you on May 7,
2008:
➢ A new Total Residual Chlorine compliance level (50 µg/L) has taken effect for all NPDES permits. A
footnote noting the new compliance level has been added to the Effluent Limitations Sheet for
outfall 001.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings
(6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this
decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may.
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or permits
required by the Division of Land Resources, the 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 Charles Weaver at telephone number [phone].
R E C
Sincerely,
,�� , V/ ,� 11:1zm
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s
Coleen H. Sullins
cc: Central Files
7 s le Regional Office/Surface; Water Protection
NPDES Unit -
Aquatic Toxicology Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: www.ncwaterquality.org
JUL 30
NC NNW M-
Q-Surfac water Protoctlor
NoithCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Permit NCO033570
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY.
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the 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,
Chemetall Foote Corporation
is hereby authorized to discharge wastewater from.a facility located at
Chemetall Foote Corporation
348 Holiday Inn Drive
Kings Mountain
Cleveland County
'to receiving waters designated as Kings Creek in subbasin 03-08-05 of the Broad
River Basin in accordance with effluent limitations, monitoring requirements, and
other conditions set forth in Parts I, II, III and IV hereof. .
This permit shall become effective September 1, 2008.
-This permit and authorization to discharge shall expire at midnight on August 31, 2013.
Signed this day July 24,.2008. -
FColeen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management.Commission

` Permit NCO033570
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this
permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive
authority to operate and discharge from this- facility arises under the permit conditions, requirements, terms, and
provisions included herein.
Chemetall Foote Corporation is hereby authorized to:
1. Continue to discharge condensate, non -contact cooling water and boiler blowdown
from outfall 001. The facility is located at Chemetall Foote. Corporation at 348
Holiday Inn Drive, Kings Mountain, in Cleveland County.
2. Discharge from said treatment works at the location specified on the attached map
into Kings Creek, classified C waters in subbasin 03-08-05 of the Broad River
Basin.

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Latitude: 35'12'43"
Longitude: 81'21'11"
Quad: Kings Mountain, N.C.
Stream Class: C
Subbasin: 30805
Receiving Stream: Kings Creek
NC-0033570
Chemetall Foote
Corporation
Facility
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Permit NC0033570
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge from outfall 001. -Such discharges shall be limited and
monitored by the Permittee as specified below:
PARAMETER LIMITS MONITORING REQUIREMENTS
Monthly.'Daly Measurement . Sample Type Sample Loca#ions.
Average Maximum Frequency.
Flow Weekly Instantaneous Effluent
Total Suspended Solids 30.0 mg/L 100.0 mg/L 2/Month Grab Effluent
Lithium
2/Month
Grab
Effluent
Total Residual Chlorine2
28 pg/L
2/Week
Grab
Effluent -
Temperature3
Weekly
Grab
Effluent, -
Upstream & Downstream
pH
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Acute Toxicity4 .
Annually
Grab
Effluent
Notes:
1. U: upstream at least 10 feet from the outfall. D: downstream at least 50 feet from the outfall..
2. The TRC limit takes effect March 1, 2010. The limit and monitoring requirements apply only if
chlorine is added to the treatment system. The Division shall consider all effluent TRC values
reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall record and
submit all values reported by a North Carolina certified laboratory (including field certified), even if
these values fall below 50 µg/L.
3. Effluent temperature shall not cause instream temperature to increase more than 2.8° C. In no case
shall effluent temperature cause instream temperature to exceed 32' C.
4. Acute Toxicity, annual testing [see A.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
A. (2) ACUTE TOXICITY LIMIT (Annual)
The permittee shall perform an annual toxicity test using protocols defined in the North Carolina
Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single
Effluent Concentration" (Revised -July, 1992 or subsequent versions). The monitoring shall be
performed as a Fathead Minnow (Pimephales promelas) 24 hour static test. The effluent
concentration defined as treatment two in the procedure document is 90% Effluent samples for
self -monitoring purposes must be obtained during representative effluent discharge below all
waste treatment. The test will be performed annually.
[continued on next page]

.. Permit NCO033570
A. (2) ACUTE TOXICITY LIMIT (Annual)
[continued]
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 TGE6C. Additionally, DWQ Form AT-2 (original) is to be sent to the following address:
Attention: NC DENR / DWQ / Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no
later than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete 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 qny test data from either these monitoring requirements 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.
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 follow-up testing to be completed no later than the last day of the
month following the month of the initial monitoring.

NPDES Permit Standard Conditions
Page 1 of 16
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events.
3/Week
Samples are collected three times per week on three separate calendar days.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which
is not a designed or established or operating mode for the facility.
Calendar Dav
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: 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
(3) Variable time/constant volume: 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 preset. gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at
a constant time interval. Use of this method requires prior approval by the Director. This method
may only be used in situations where effluent flow rates vary less than 15 percent. The following
restrictions also apply:
➢. Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
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➢ Influent samples shall not -be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent
grab samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect
effluent grab samples at least every X hours [X = days detention time] over a 24-hour period. Effluent
samples shall be collected at least every six hours; there must be a minimum of four samples during a 24-
hour sampling period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean
concentration for a 24-how: sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.2)
Daily Maximum
The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: Permittees may not
submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant
Federal effluent guideline[s] for the appropriate calculation interval.
Ddly Sa=bg
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other
disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week
for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWO or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission.
Facility Closure
The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage
under the NPDES. Completion of facility closure will allow this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
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NPDES Permit Standard Conditions
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Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
Monthly Average concentration limitl
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limitl
The average of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such discharges.
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 [40 CFR 122.41].
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 section 301, 302, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any such sections in a permit issued under section
402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8)
of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a)
(2)]
c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or
405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under
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section 402 of the Act, or any requitement imposed in a pretreatment program approved under section
402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)]
d. Any person who lenozvin,gly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[40 CFR 122.41 (a) (2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes 5 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class 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. [40 CFR
122.41 (a) (3)]
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 with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41 (d)].
3.. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
of the Federal Act, 33 USC 1319. Furthermore, the 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.
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5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)].
6., Onshore or Offshore 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. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
10. 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 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. Si�atory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 122.41 (k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
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b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if-
1. The authorization is made in writing by a person described above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, 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 [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]:
"1 certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and. reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (%
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. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 211.0105 (b) (2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
Certified Operator
Upon classification of the permitted facility by the Certification Conunission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
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The ORC of each Class I facility must:
➢ Visit the facility at least weekly
➢ Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must: "
➢ Visit the facility at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit'a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
b. Within 120 calendar days of:
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the 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 Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41
(c)]
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41 (m) (3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II. E. 6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a 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 b. of this section.
Version 1011012007

NPDES Permit Standard Conditions
Page 14 of 16
f. Petroleur oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
g. Pollutants which result in the presence of toxic gases; vapors, or fumes within the POTW in a
quantity at may cause acute worker health and safety problems;
h. Any truc ed or hauled pollutants, except at discharge points designated by the POTW.
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the
Permittee to su plement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to
ensure complia ce by the Permittee with all applicable effluent limitations. Such actions by the Permittee
may be necessa regarding some or all of the industries discharging to the municipal system.
4. The Permittee 71hall. require any industrial discharges sending influe
nt to the permitted system to meet
Federal Pre ea ent Standards promulgated in response to Section 307(b) of the Act. Prior to accepting
wastewater fro any significant industrial user, the Permittee shall either develop and submit to the
Division a Pre eatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing
Pretreatment Program per 15A NCAC 2H .0907(b).
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing
regulations or by the requirements of the approved State pretreatment program, as appropriate.
Section C. Pretreatment Programs
Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40
CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H
.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and
referenced in the Pretreatment Program Submittal are an enforceable part of this permit.
_ The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean
Water Act, the Federal Pretreatment Regulations 40 CFR. Part 403, the State Pretreatment Regulations 15A
NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its
pretreatment program submission and Division approved modifications there of. Such operation shall include
but is not limited to the implementation of the following conditions and requirements:
1. Sewer Use Ordinance (SUO)
. The Permittee shall maintain adequate legal authority to implement its approved pretreatment program.
2. Industrial Waste Survey(IWS)
The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection
system at least once every five years.
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific
data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of
specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required
by Part II, Section D, and Section E.5.).
4. Headworks Analysis PWA) and Local Limits
The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five
years, and as required by the Division. Within 180 days of the effective date of this permit (or any
subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation
of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40
CFR 122.441. The,Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909,
specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H
.0909.
Version 1011012007

NPDES Permit Standard Conditions
Page 15 of 16
5. Industrial User Pretreatment Permits(IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits
shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control
technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and
requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results
of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP).
Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.
6. Authorization to Construct (AtQ
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable
industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of
an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to
comply with all Industrial User Pretreatment Permit (IUP) limitations.
POTW Inspection & Monitoring of their SIUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial
users, compliance with applicable pretreatment standards. The Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit-
limited pollutants, once during the period from January 1 through June 30 and once during the
period from July 1 through December 31, except for organic compounds which shall be sampled
once per calendar year;
8. SIU Self Monitoring and Reporting
The Permittee shall require all.industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit,
or in 15A NCAC 2H .0908.
Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations.
All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the
Division.
10. Pretreatment Annual Reports AR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be
required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements
and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment
Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the
Division at the following address:
NC DENR / DWQ / Pretreatment Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Version 10/10/2007

NPDES Permit Standard Conditions
Page 16 of 16
These reports shall be submitted according to a schedule established by the Director and shall contain the
following:
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial
Users (SIUs) in Significant Non -Compliance (SNC);
b.) Pretreatment Program Summary(PPS)
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on
specific forms approved by the Division;
d.) Industrial Data Summary Forms aDSQ
Monitoring data from samples collected by both the POTW and the Significant Industrial
User (SIU). These analytical results must be reported on Industrial Data Summary Forms
(IDSF) or other specific format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules,
public notice of SIUs in SNC, and any other information, upon request, which in the
opinion of the Director is needed to determine compliance with the pretreatment
implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant
Non -Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance ' with
applicable pretreatment requirements and standards during the previous twelve month period. This list
shall be published within four months of the applicable twelve-month period.
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along
with support information including general records, water quality records, and records of industrial impact
on the POTW.
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its
approved pretreatment program.
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits
modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan
modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and
15A NCAC 2H .0907.
Version 1011012007

County:
MECKLENBURG
y14Ap��
Sample ID:
AB88958
River Basin
CTB
b
PO Number #
12W7442
��
Report To
MROSP
r j
>�
Date Received:
10/17/20.
Time Received:
08:00
Collector:
D HOOD
Y
Labworks LoginlD
HMORGAN
Region:
MRO
Final Report Date:
11/2/12
Sample Matrix:
S
WASTEWATER
Final Report
Report Print Date:
12/10/2012
Loc. Type:
EFFLUENT
Emergency Yes/No
VisitlD
CDC Yes/No
Loc. Descr.: IRWIN CREEK WWTP
Location ID:
NC0024945
Collect Date: 10/16/2012
Collect Time: 08:55
Sample Depth
If this report
is labeled preliminary
report, the results have not been validated.
Do not use for Regulatory purposes.
CAS #
LAB
Analyte Name
Sample temperature at receipt by lab
PQL
Result/
Qualifier
0.8
Units
°C
Method
Reference
Analysis
Date
-
10/17/12
Validated by
HMORGAN
MET
7440-22-4
Ag by ICPMS
5.0
5.0 U
ug/L
EPA200.8
10/30/12
ESTAFFORDI
7429-90-5
AI by ICP
50
50 U
ug/L
EPA200.7
10/26/12
ESTAFFORDI
7440-38-2
As by ICPMS
2.0
2.0 U
ug/L
EPA200.8
10/30/12
ESTAFFORDI
7440-38-3
Ba by ICP
10
IOU
ug/L
EPA200.7
10/29/12
ESTAFFORDI
7440-41-7
Be by ICP
5.0
5.0 U
ug/L
EPA200.7
10/26/12
ESTAFFORDI
7440-70-2
Ca by ICP
0.10
20
mg/L
EPA200.7
10/29/12
ESTAFFORDI
7440-43-9
Cd by ICPMS
1.0
1.0 U
ug/L
EPA200.8
10/30/12
ESTAFFORDI
7440-48-4
Cobalt by ICP
50
50 U
ug/L
EPA200.7
10/26/12
ESTAFFORDI
7440-47-3
Cr by ICPMS
10
IOU
ug/L
EPA200.8
10/30/12
ESTAFFORDI
7440-50-8
Cu by ICPMS
2.0
4.0
ug/L
EPA200.8
10/30/12
ESTAFFORDI
7439-89-6
Fe by ICP
50
86
ug/L
EPA200.7
10/26/12
ESTAFFORDI
7439-97-6
Hg 245.1
0.2
0.20 U
ug/L
EPA 245.1
10/26/12
ESTAFFORDI
7440-09-7
K by ICP
0.10
13
mg/L
EPA200.7
10/29/12
ESTAFFORDI
7439-95-4
Mg by ICP
0.10
18
mg/L
EPA200.7
10/29/12
ESTAFFORD1
7439-96-5
Mn by ICP
10
37
ug/L
EPA200.7
10/26/12
ESTAFFORDI
7439-98-7
Mo by ICPMS
10
IOU
ug/L
EPA200.8
10/30/12
ESTAFFORD1
7440-23-5
Na by ICP
0.10
53
mg/L
EPA 200.7
10/29/12
ESTAFFORDI
7440-02-0
Ni by ICPMS
2.0
3.6
ug/L
EPA200.8
10/30/12
ESTAFFORDI
7439-92-1
Pb by ICPMS
2.0
2.0 U
ug/L
EPA200.8
10/30/12
ESTAFFORD1
7782-49-2
Se by ICPMS
5.0
6.0 U
ug/L
EPA 200.8
10/30/12
ESTAFFORDI
7440-66-6
Zn by ICPMS
10
52
ug/L
EPA200.8
10/30/12
ESTAFFORDI
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]
For a detailed description ofthe qualifier codes refer to''rcq;(, ,Fn_ !,��,=e_c=a x�pi..,;,L__�s�oF�n?,(rF__��s�nn�„_ ,y,Fr., ro_ ..hr-_:,-_ r.:.,l_,cnenr.,�.pjw.ep!_vA(t3h(=ann_ i�r:cha�_I
Page 1 of 1

i
County:
MECKLENBURG
Sample ID:
AB89119
RiverP.asin
CTB
Ci�Y. �W.A^-7.-.f,�;9
�p� n
PO Number#
12W7556
Report To
MROSP
C=
co Y
Date Received:
10/19/2012
Q
Time Received:
07:40
Collector:
D HOOD
Labworks LoginlD
HMORGAN
Region:
MRO
Final Report Date:
11/26/12
Sample Matrix:
WASTEWATER
Final RepOit
Report Print Date:
12/10l2012
Loc. Type:
EFFLUENT
Emergency Yes/No
VisitlD
CDC Yes/No
Loc. Descr.: IRWIN CREEK WWTP
Location ID:
NCO024945
Collect Date: 10/18/2012
Collect Time: 09:24
Sample Depth
If this report
is labeled preliminary
report, the results have not been validated.
Do not use for Regulatory purposes.
CAS #
LAB
Analyte Name
Sample temperature at receipt by lab
PQL
Result/
Qualifier
0.9
Units
°C
Method
Reference
Anal sis
Date
10/19/12
Validated by
HMORGAN
MET
7440-22-4
Ag by ICPMS
5.0
5.0 U
ug/L
EPA200.8
11/13/12
ESTAFFORDI
7429-90-5
Al by ICP
50
50 U
ug/L
EPA200.7
10/31/12
ESTAFFORDI
7440-38-2
As by ICPMS
2.0
2.0 U
ug/L
EPA200.8
11/13/12
ESTAFFORDI
7440-38-3
Ba by ICP
10
IOU
ug/L
EPA200.7
10/30/12
ESTAFFORDI
7440-41-7
Be by ICP
5.0
5.0 U
ug/L
EPA200.7
10/31/12
ESTAFFORDI
7440-70-2
Ca by ICP
0.10
20
mg/L
EPA200.7
10/30/12
ESTAFFORD1
7440-43-9
Cd by ICPMS
1.0
1.0 U
ug/L
EPA200.8
11/13/12
ESTAFFORDI
7440-48-4
Cobalt by ICP
50
50 U
ug/L
EPA200.7
10/31/12
ESTAFFORDI
7440-47-3
Cr by ICPMS
10
IOU
ug/L
EPA200.8
11/13/12
ESTAFFORDI
7440-50-8
Cu by ICPMS
2.0
2.9
ug/L
EPA200.8
11/13/12
ESTAFFORDI
7439-89-6
Fe by ICP
50
120
ug/L
EPA200.7
10/31/12
ESTAFFORD1
7439-97-6
Hg 245.1
0.2
0.20 U
ug/L
EPA 245.1
10/26/12
ESTAFFORDI
7440-09-7
K by ICP
0.10
15
mg/L
EPA200.7
10/30/12
ESTAFFORDI
7439-95-4
Mg by ICP
0.10
20
mg/L
EPA200.7
10/30/12
ESTAFFORD1
7439-96-5
Mn by ICP
10
43
ug/L
EPA200.7
10/31/12
ESTAFFORDI
7439-98-7
Mo by ICPMS
10
IOU
ug/L
EPA200.8
11/13/12
ESTAFFORDI
7440-23-5
Na by ICP
G"10
63
mg/L
EPA200.7
10/30/12
ESTAFFADRD1
7440-02-0
Ni by ICPMS
2.0
3.3
ug/L
EPA200.8
11/13/12
ESTAFFORDI
7439-92-1
Pb by ICPMS
2.0
2.0 U
ug/L
EPA200.8
11/13/12
ESTAFFORDI
7782-49-2
Se by ICPMS
5.0
5.0 U
ug/L
EPA200.8
11/13/12
ESTAFFORDI
7440-66-6
Zn by ICPMS
10
55
ug/L
EPA200.8
11/13/12
ESTAFFORDI
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]
For a detailed description of the qualifier codes refer to ttp jy.p, rca;.ayde :,_g ,_rhi-Ar!:, %:�:aene9hF�h�. taea a ^:;,::n�. cc,:a«n- a :n �ni n.d.•n�.ark%+:eh :g(ixyisz=n .e;'_h _Is>
Page 1 of 1

9VC (DWO Laboratorv.Section
12esults
County:
MECKLENBURG
Sample ID:
AB88958
River Basin
CTS
C3FATE�
Q�
PO Number #
12.W7442
Report To
MROSP
of
DLU-a)
Date Received:
10117/2012
Time Received:
08:00
Collector:
D HOOD
Labworks LoginlD
HMORGAN
Region:
MRO
Final Report Date:
11/2/12
Sample Matrix:
WASTEWATER
Final Report
Report Print Date:
12/10/2012
Loc. Type:
EFFLUENT
Emergency Yes/No
VisitlD
CDC Yes/No
Loc. Descr.: IRWIN CREEK WWTP
Location ID:
NCO024945
Collect Date: 10/16/2012
Collect Time: 08:55
Sample Depth
If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes.
CAS #
LAB
Analyte Name
Sample temperature at receipt by lab
PQL
Result/
Qualifier
0.8
Units
°C
Method
Reference
Analysis
Date
10/17/12
Validated by
HMORGAN
MET
7440-22-4
Ag by ICPMS
5.0
5.0 U
ug/L
EPA200.8
10/30/12
ESTAFFORDI
7429-90-5
Al by ICP
50
50 U
ug/L
EPA200.7
10/26/12
ESTAFFORDI
7440-38-2
As by ICPMS
2.0
2.0 U
ug/L
EPA200.8
10/30/12
ESTAFFORDI
7440-38-3
Ba by ICP
10
IOU
ug/L
EPA200.7
10/29/12
ESTAFFORDI
7440-41-7
Be by ICP
5.0
5.0 U
ug/L
EPA200.7
10/26/12
ESTAFFORDI
7440-70-2
Ca by ICP
0.10
20
mg/L
EPA200.7
10/29/12
ESTAFFORDI
7440-43-9
Cd by ICPMS
1.0
1.0 U
ug/L
EPA200.8
10/30/12
ESTAFFORDI
7440-48-4
Cobalt by ICP
50
50 U
ug/L
EPA200.7
10/26/12
ESTAFFORDI
7440-47-3
Cr by ICPMS
10
IOU
ug/L
EPA 200.8
10/30/12
ESTAFFORDI
7440-50-8
Cu by ICPMS
2.0
4.0
ug/L
EPA200.8
10/30/12
ESTAFFORD1
7439-89-6
Fe by ICP
50
86
ug/L
EPA200.7
10/26/12
ESTAFFORDI
7439-97-6
Hg 245.1
0.2
0.20 U
ug/L
EPA 245.1
10/26/12
ESTAFFORD1
7440-09-7
K by ICP
0.10
13
mg/L
EPA200.7
10/29/12
ESTAFFORDI
7439-95-4
Mg by ICP
0.10
18
mg/L
EPA200.7
10/29/12
ESTAFFORDI
7439-96-5
Mn by ICP
10
37
ug/L
EPA200.7
10/26/12
ESTAFFORDI
7439-98-7
Mo by ICPMS
10
IOU
ug/L
EPA200.8
10/30/12
ESTAFFORDI
7440-23-5
Na by iCP
0.10
53
mg/L
EPA200.7
10/29/12
ESTAFFORDI
7440-02-0
Ni by ICPMS
2.0
3.6
ug/L
EPA200.8
10/30/12
ESTAFFORD1
7439-92-1
Pb by ICPMS
2.0
2.0 U
ug/L
EPA200.8
10/30/12
ESTAFFORD1
7782-49-2
Se by ICPMS
5.0
5.0 U
ug/L
EPA200.8
10/30/12
ESTAFFORD1
7440-66-6
Zn by ICPMS
10
52
ug/L
EPA200.8
10/30/12
ESTAFFORDI
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]
For a detailed description of the qualifier codes refer toncmS,_n!a(x^n(aaL �rsp@_�, �..:::aaca;a :a'tf;•r Cerea �ht-;:! ^.hrtal n<denr a :nllahic?an^citarh Sy!
Page 1 of 1

W DWO Laboratory. Section
lWesults
County:
MECKLENBURG
tiJATfiR
Sample ID:
AB89119
River Basin
CTB
OF
0
PO Number_{/
12W7555
Report To
MROSP
p�
ui
Date Received:
10/19/2012
`i
Time Received:
07:40
Collector:
D HOOD
Labworks LoginlD
HMORGAN
Region:
MRO
Final Report Date:
11/26/12
Sample Matrix:
WASTEWATER
Final Report
Report Print Date:
12/10/2012
Loc. Type:
EFFLUENT
Emergency Yes/No
VisitlD
COC Yes/No
Loc. Descr.: IRWIN CREEK WWTP
Location ID:
NCO024945
Collect Date: 10118/2012
Collect Time: 09:24
Sample Depth
If this report is labeled preliminary
report, the results have not been validated.
Do not use for Regulatory purposes.
CAS #
LAB
Analyte Name
Sample temperature at receipt by lab
PQL
Result/
Qualifier
0.9
Units
°C
Method
Reference
Analysis
Date
10/19/12
Validated by
HMORGAN
MET
7440-22-4
Ag by ICPMS
5.0
5.0 U
ug/L
EPA200.8
11/13/12
ESTAFFORD1
7429-90-5
AI by ICP
50
50 U
ug/L
EPA200.7
10/31/12
ESTAFFORD1
7440-38-2
As by ICPMS
2.0
2.0 U
ug/L
EPA200.8
11/13/12
ESTAFFORD1
7440-38-3
Ba by ICP
10
IOU
ug/L
EPA200.7
10/30/12
ESTAFFORD1
7440-41-7
Be by ICP
5.0
5.0 U
ug/L
EPA200.7
10/31/12
ESTAFFORD1
7440-70-2
Ca by ICP
0.10
20
mg/L
EPA200.7
10/30/12
ESTAFFORD1
7440-43-9
Cd by ICPMS
1.0
1.0 U
ug/L
EPA200.8
11/13/12
ESTAFFORD1
7440-48-4
Cobalt by ICP
50
50 U
ug/L
EPA200.7
10/31/12
ESTAFFORD1
7440-47-3
Cr by ICPMS
10
IOU
ug/L
EPA200.8
11/13/12
ESTAFFORD1
7440-50-8
Cu by ICPMS
2.0
2.9
ug/L
EPA200.8
11/13/12
ESTAFFORD1
7439-89-6
Fe by ICP
50
120
ug/L
EPA200.7
10/31/12
ESTAFFORD1
7439-97-6
Hg 245.1
0.2
0.20 U
ug/L
EPA245.1
10/26/12
ESTAFFORD1
7440-09-7
K by ICP
0.10
15
mg/L
EPA200.7
10/30/12
ESTAFFORD1
7439-95-4
Mg by ICP
0.10
20
mg/L
EPA200.7
10/30/12
ESTAFFORD1
7439-96-5
Mn by ICP
10
43
ug/L
EPA200.7
10/31/12
ESTAFFORD1
7439-98-7
MO by ICPMS
10
IOU
ug/L
EPA200.8
11/13/12
ESTAFFORD1
7440-23-5
Na by ICP
0.10
63
mg/L
EPA200.7
10/30/12
ESTAFFORD1,
7440-02-0
Ni by ICPMS
2.0
3.3
ug/L
EPA200.8
11/13/12
ESTAFFORD1
7439-92-1
Pb by ICPMS
2.0
2.0 U
ug/L
EPA200.8
11/13/12
ESTAFFORD1
7782-49-2
Se by ICPMS
5.0
5.0 U
ug/L
EPA200.8
11/13/12
ESTAFFORD1
7440-66-6
Zn by ICPMS
10
55
ug/L
EPA200.8
11/13/12
ESTAFFORD1
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]
For a detailed description of the qualifier codes refer to htol%�grt _nctien_;e,,: !weh:;w;;Liq_stefnfi !_ a:}_sca; aka.: �: ;fix. r_G es_ n>p (.,nr_ar-hag i«>
Page 1 of 1

is and Engineering Unit
Quality Section
Attention: Susan Wilson
SOC Priority Project: No
Date: March 3, 2008
NPDES STAFF REPORT AND RECOMMENDATION
County: Cleveland
Permit No. NCO033570
PART I - GENERAL INFORMATION
1. Facility and address: Chemetall Foote Corporation
Kings Mountain Operations
348 Holiday Inn Drive
Kings Mountain, North Carolina 28086
2. Date of investigation: February 28, 2008
3. Report prepared by: Michael L. Parker, Environmental Engineer II
4. Persons contacted and telephone number: Mr. Ralph Hawk, [phone].
5. Directions to site: From the intersection of Interstate 85 and NC Hwy 161 in southeast Cleveland
County, proceed north on NC Hwy 161 approximately 50 yards. Turn left onto an Interstate
service road known as Holiday Inn Drive. Chemetall Foote is located at the end of the service
road.
6. Discharge point(s), list for all discharge points:
outfall 001: Latitude: 350 12' 57" Longitude: 81' 21' 15"
U.S.G.S. Quad No.: G13NE
U.S.G.S. Quad Name: Kings Mountain, NC
7. Site size and expansion area consistent with application? Yes. There is sufficient area available
for expansion, if necessary.
8. Topography (relationship to flood plain included): Natural topography is moderately sloping,
however, there are steep slopes located on the site due to mining activities. The boiler blowdown
WWT system is not located within the 100 year flood plain.
9. Location of nearest dwelling: None within 500+ feet of the site.

Page Two
10. Receiving stream or affected surface waters: Kings Creek
a. Classification: C
b. River Basin and Subbasin No.: Broad 030805
C. Describe receiving stream features and pertinent downstream uses: Receiving stream is a
small creek with rocky/sandy bottom. There are no other known dischargers on this
stream segment. Downstream uses are typical of those found in "C" classified streams.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of wastewater to be permitted for outfall 001: Estimated to be 0.004944 MGD
b. Current permitted capacity of the wastewater treatment facility: N/A
C. Actual treatment capacity of the current facility (current design capacity): 0.004944
MGD
d. Date(s) and construction activities allowed by previous Authorizations to Construct
issued in the previous two years: There have been no ATCs issued to this facility in the
past 2 years.
C. Please provide a description of existing or substantially constructed wastewater treatment
facilities: Existing treatment consists of pH adjustment and (cloth) filtration.
f. Please provide a description of proposed wastewater treatment facilities: There are no
proposed WWT facilities included with this renewal nor are any proposed in the near
future.
g. Possible toxic impacts to surface waters: This facility has annual toxicity testing, and has
consistently passed its toxicity testing for the past several years.
h. Pretreatment Program (POTWs only): N/A
2. Residuals handling and utilization/disposal scheme: There are no residuals generated from the
boiler blowdown.
3. Treatment plant classification: Class I
4. SIC Code(s): 2819 Wastewater Code(s): 16 Main Treatment Unit Code: 52006

I
- OTHER PERTINENT INFORMATION
Is this facility being constructed with Construction Grant Funds or are any public monies
involved (municipals only)? Public monies were not involved in the construction of this facility.
2. Special monitoring or limitations (including toxicity) requests: None at this time.
3. Important SOC or Compliance Schedule dates: This facility is not under an SOC or Compliance
Schedule nor are any proposed at this time.
4. Alternative Analysis Evaluation: There are no known alternatives to this discharge at this time.
The surrounding area has been severely altered by grading and mining activities, which has
rendered the soils unusable for any type of ground absorption or surface disposal system.
Municipal sewer is currently unavailable, but may be in the future given the close proximity that
the City of Kings Mountain is to the site.
PART IV - EVALUATION AND RECOMMENDATIONS
The permittee, Chemetall Foote Corporation, has applied for permit renewal. There have been
no changes to the existing facilities since the permit was last renewed. The discharge for 001 consist
of boiler blowdown. De -scalers are added to the boiler water, however, the chemicals used in the
treatment of the boiler water are not included in the information submitted for the permit renewal.
This facility also maintains NPDES Stormwater Permit No. NCS000096 for the discharge of
stormwater runoff, and mine dewatering wastewater.
Pending a final technical review by the NPDES Unit, it is recommended that the permit be
renewed as requested.
3259
Signature of report preparer Date
/
Water Quality Regional Supervisor Date
h Adsr\dsr0 8\ch emtal 1. doc

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 12, 2008
R AT,PH.W HAWK
SENIOR PROCESS ENGINEER
CHEMETALL FOOTE CORP
348 HOLIDAY INN DRIVE
KINGS MOUNTAIN NC 28086
Coleen I- Sullins, Director
Division of Water Quality
L I I CIO
C.t. � t 0 V
f
F E B 1 3 2008
NC DENR MRO
M-SurfOro "Mifer fr section
Subject:. Receipt of permit renewal application
NPDES Permit NCO033570
Chemetall Foote Corp
Cleveland County
Dear Mr. Hawk:
The NPDES Unit received your permit renewal application on February 6, 2008. A member of the
NPDES Unit will review your application. They will contact you if additional information is required to
complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before
your existing permit expires.
If you have any additional questions concerning renewal of the subject permits, please contact Susan
Wilson at [phone], extension 510.
Sincerely,
Dina Sprinkle
NPDES Unit
cc: CENTRAL FILES
gional Of Water Protection
NPDES Unit
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: yr%v%v.ncwaterquality.orR Location: 512 N. SalisburySt. Raleigh, NC 27604 Fax [phone]
Nye Carolina
Aiura!!rf
Customer Service
1-877-623-6748
An Equal Opportundy/Affirmative AcSon Employer— 50% Recyded110% Post Consumer Paper
7011

emetall Foote Corp.
Mrs. Dina Sprinkle
NC DENR/DWQ/Point Source Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Chemetall Foote Corporation
NPDES Permit No. NCO033570 Permit Ren
Dear Mrs. Sprinkle:
February 5, 2008
F E B - 6 2008
ral
Chemetall Foote Corporation is requesting the renewal of NPDES permit No.
NC0033570. Please find the appropriate renewal application documents enclosed.
There have not been any changes at the facility since the issuance of the last permit.
No sludge is generated at Chemetall Foote, since the only discharge from the facility is
boiler blowdown. Therefore, a sludge management plan is not required.
If you have any questions or require further information, please contact me at 704-734-
2698.
Sincerely,
6l' ✓A
Ralph W. Hawk
Senior Process Engineer
Chemetall Foote Corporation . 348 Holiday Inn Drive . Kings Mountain, North Carolina 28086
Telephone [phone] . Fax [phone]

ES PERMIT APPLICATION - SHORT FORM C - Minor Industrial
Minor industrial, manufacturing and commercial facilities.
Mail the complete application to:
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit Number INCO033570
If you are completing this form in computer use the TAB key or the up - down arrows to move from one
field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type.
1. Contact Information:
Owner Name
Facility Name
Mailing Address
City
State / Zip Code
Telephone Number
Fax Number
e-mail Address
Chemetall Foote Corp.
Chemetall Foote Corp., Kings Mountain
348 Holiday Inn Drive
Kings Mountain
NC 28086
[phone]
(707-734-0208)
[e-mail]
2. Location of facility producing discharge:
Check here if same as above
Street Address or State Road
City
State / Zip Code
County
3. Operator Information:
Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the
Operator in Responsible Charge or ORC)
Name Chemetall Foote Corp.
Mailing Address 348 Holiday Inn Drive
City Kings Mountain
State / Zip Code NC - 28086
Telephone Number [phone]
Fax Number (704-734-0208)
Page 1 of 4 Gm 1 03/05

NPDES PERMIT APPLICATION - SHORT FORM C - Minor Indust
Minor industrial, manufacturing and commercial facilities.
4. Ownership Status:
Federal ❑ State ❑ Private ❑ Public D
5. Standard Industrial Classification (SIC) code(s): 2819
6. Number of employees: 130
7. Describe the treatment system List all installed waste treatment components with capacities,
describe the processes that generate wastewaters. If the space provided is not sufficient attach a
separate sheet of paper with the system description.
Boiler blowdown is directed into a concrete sump which is equipped with an agitator.
The pH is tested and adjusted as necessary. The blowdown is then discharged to point
001 through a pipe.
S. Is facility covered under federal effluent limitation guidelines? No ® Yes ❑
If yes, specify the category?
9. Principal product(s) produced: Lithium Compounds
Principal raw material(s) consumed: Lithium carbonate, lithium metal, hvdrochloric acid
Briefly describe the manufacturing process(es):
Lithium metal is melted, filtered, cast, extruded, fabricated, and packaged. Lithium carbonate is
reacted with hydrochloric acid and hydrobromic acid and processed, then packaged for shipping.
Page 2 of 4 C-MI 03105

NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial
Minor industrial, manufacturing and commercial facilities.
Amount of principal product produced or raw material consumed
List specific amounts consumed and/or units of roduction over the last three ears
Product Produced or Raw Material
Consumed
AVERAGE
Product Produced or Raw Material
Consumed
PEAK
per Day
2 tons
16 tons
per Month
64 tons
479 tons
per Year
766 tons
5,747 tons
11. Frequency of discharge: Continuous ❑
If intermittent:
Days per week discharge occurs: varies
Intermittent
Duration: varies
12. Types of wastewater discharged to surface waters only
Discharge
Flow
GALLONS PER DAY
Sanitary - monthly average
0
Utility water, etc. - monthly average
0
Process water - monthly average
0
Stormwater - monthly average
Covered under NCS000096
Other - monthly average
Explain: Cooling Water
4,944
Monthly Average
4,944
total discharge (all types)
13. Number of separate discharge points: 1
Outfall Identification number(s) 001
14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including
latitude and longitude):
Rings Creek
Page 3 of 4
C-MI 03/05

NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial
Minor industrial, manufacturing and commercial facilities.
15. Effluent Data
Provide data for the parameters listed. Temperature and pH shall be grab samples, for all other parameters 24-hour
composite sampling shall be used. If more than one.analysis is reported, report daily maximum and monthly average.
If only one analysis is reported, report as daily maximum.
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BODS)
Chemical Oxygen Demand (COD)
Total Organic Carbon
Total Suspended Solids
27
5.39
mg/L
Ammonia as N
Temperature (Summer)
47
28.4
°C
Temperature (Winter)
37
28.4
°C
pH
9
7.78
Fecal Coliform (If sanitary waste is
present)
Total Residual Chlorine (if chlorine is
used)
16. List all permits, construction approvals and/or applications (check all that apply and provide permit
numbers or check none if not applicable):
Type
Hazardous Waste (RCRA)
UIC (SDWA)
NPDES
PSD (CAA)
Non -attainment program (CAA)
Permit Number Type
NCDO03915741 NESHAPS (CAA)
NCS000096
Ocean Dumping (MPRSA)
Dredge or fill (Section 404 or CWA)
Other
Permit Number
002894T28
17. List any chemicals that may be discharged (Please list and explain source and potential
amounts.)
Lithium is discharged at an average of 2.61 ppm
18. Is this facility located on Indian country? (check one)
Yes ❑
Page 4 of 4 C-MI 03/05

PERMIT APPLICATION —SHORT FORM C - Minor Industrial
Minor industrial, manufacturing and commercial facilities.
rtification
n familiar with the information. contained in the application and that to the
. —.Y ---ledge and belief such information is true, complete, and accurate.
T. David Douglas General Manager
Printed name of Person Signing Title
Signature
Date
North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false
statement representation, or certification in any application, record, report, plan, or other document files or
required to be maintained under Article 21 or regulations of the Environmental Management Commission
implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or
monitoring device or method required to be operated or maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable
by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section
1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both,
for a similar offense.)
Page 5 of 4
GM 1 03/05

La climL. 35'1 2A Y' NCO033570
Lo— —ltudc: 81 *21'11
PhemetaLL Foote
Corporation
SObbasin: 30805
R(:Ceivjjmg StrC Mnp s Creek
Facility
Loc,ation
North I I SCALE 1:24000

CHEMETALL FOOTE CORPORATION
2007 NPDES PERMIT RENEWAL APPLICATION
Product
lb/Prod/Batch
Actual
No. of Batches
2004
Actual
No. of Batches
2005
Actual
No. of Batches
2006
Peak
No. of Batches
Actual
Production
(Ibs)
Peak
Production
(Ibs)
Lithium Chloride Brine
22500
12
0
18
133
419,352
2,992,500
Lithium Bromide Brine
20000
2
5
20
175
406,180
3,500,000
Lithium Bromide Anhydrous
3300
14
0
14
27
26,008
89,100
Lithium Sulfate
5100
0
0
0
175
325,461
892,500
Lithium Carbonate (Dryer)
2870
24
29
4
1095
325,461
3,142,650
Lithium Aluminate
350
23
6
24
2508
30,000
877,800
TOTAL lb/year 1,532,462 11,494,550
ton/year 766 5747
ton/mo 64 479
ton/day 2 16
Notes:
1. Actual production number based on 2004, 2005, 2006 emissions inventory.
2. For NPDES Permit purposes, average production equals actual production.
3. For NPDES Permit purposes, peak production equals potential production.
4. Daily and monthly rates are equal to the yearly rate divided by 365 and by 12, respectively.

CHEMETALL FOOTE CORPORATION
2007 NPDES PERMIT RENEWAL APPLICATION
Sample
Date
BOD
COD
TOC
TSS
(mg/L)
Ammonia
Temp (S)
VC)
Temp (W)
VC)
pH
Fecal Col
Total Res.
Chlorine
Lithium
(ppm)
Flow
(mgd)
April-04
*
*
*
2
*
25
*
9.0
*
13
0.006
May-04
*
*
*
3
*
22
*
8.5
*
*
1
0.003
August-04
*
*
3
*
31
*
8.6
*
*
5
0.006
September-04
*
*
*
1
*
21
*
6.4
*
*
1
0.006
January-05
*
*
1
*
*
18
8.4
*
*
1
0.006
September-05
*
*
1
*
24
*
7.4
*
1
0.006
June-06
*
*
*
1
*
32
*
8.1
*
*
2
0.005
*
*
*
1
*
31
7.6
*
1
0.005
September-06
*
*
*
14
*
27
*
7.3
*
*
1
0.003
October-06
*
*
*
27
*
*
20
7.5
*
*
1
0.003
November-06
*
*
*
4
*
*
31
7.2
*
*
2
0.005
*
*
*
1
*
*
36.2
8.8
*
*
1
0.005
*
*
*
2
*
*
30
7.7
*
1
0.008
March-07
*
*
*
1
*
26.6
8.1
*
3
0.005
*
*
*
1
*
37
7.6
*
7
0.005
April-07
*
*
*
1
*
15.4
*
6.9
*
*
4
0.003
Jul-07
*
*
13
*
37
7.3
*
*
1
0.004
*
*
*
20
*
*
47
7.6
*
1
0.005
Monthly
Average
5.39
*
25.38
31.42
7.78
*
*
2.61
0.0049
Daily
Maximum
27.0
32.00
47.00
9.00
13.00
0.008
* Chemetall Foote is not required to sample this parameter.
Note:
1. Daily maximum calculated as peak monthly value.

\N A TrR Michael F. Easley, oovemor
Q William G. Ross, Jr.,Secretary
North Carolina Department of Environment and Natural Resources
co
Alan W. Klimek, P.E., Director
rJ _ Division of Water Quality
Coleen Sullins, Deputy Director
Division of Water Quality
DIVISION OF WATER QUALITY
June 15, 2004
Mr. Ralph Hawk
Senior Process Engineer
Chemetall Foote Corporation
348 Holiday Inn Drive
Kings Mountain, North Carolina 28086
Subject: NPDES Permit No. NC0033570
Chemetall Foote Corporation
Cleveland County, NC
Dear Mr. Hawk:
Our records indicate that NPDES Permit No. NC0033570 was issued on June 7, 2004 for
the discharge of wastewater to the surface waters of the State from your facility. The purpose of this
letter is to advise you of the importance of the Permit and the liabilities in the event of failure to
comply with the terms and conditions. of the Permit. If you have not already done so, it is suggested
that you thoroughly read the Permit. Of particular importance is Page 4.
Page 4 sets forth the effluent limitations and monitoring requirements for your discharge.
Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring
Requirements" describes the measurement frequencies, sample types and sampling locations. Upon
commencement of your discharge (or operation), you must initiate the required monitoring. The
monitoring results must be entered on reporting forms furnished or approved by this Agency. If you
have not received these forms, they should be arriving shortly. If you fail to receive the forms, please
contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form
(DWQ Form MR-1), plus instructions for completing the form. It is imperative that all applicable
parts be completed, and the original and one copy be submitted as required.
Please be advised that an annual administering and compliance monitoring fee may be
required for your facility. You will soon be receiving a statement from our Raleigh Office. It is
imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible
revocation of your permit.
NCO
Customer Service
1 877-623-6748
Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115
PHONE [phone]
FAX [phone]

c
The remaining parts of the Permit set forth definitions, general conditions and special
conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The
conditions include special reporting requirements in the event of noncompliance, bypasses, treatment
urlit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant
operator if you are operating wastewater treatment facilities. Any changes in operation of
wastewater treatment facilities, quantity and type of wastewater being treated or discharged,
expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by
this Agency.
Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee
to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil
penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such
violations. If you find at any time that you are unable to comply with the terms and conditions of
the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be
necessary while pursuing action to obtain compliance.
As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not
automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days
prior to expiration. Please make note of the expiration date of your Permit. This..date is set forth on
Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as
the Permittee, cease to need this Permit, then you should request that the Division of Water Quality
rescind the Permit or request that DWQ reissue the Permit to another party, if necessary.
As mentioned previously, the purpose of this letter is to advise you of the importance of your
NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if
you have any questions or need clarification. We look forward to providing any assistance.
Sincerely,
1 D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Enclosure
A:\NPDESLTR.WQ

OFW�4
0
,O'er G AA
NCDENR
Mr. Ralph. H. Hawk
Senior Process Engineer
Chemetall Foote Corporation
348 Holiday Inn. Dr.
Kings Mountain, North Carolina 28086
Dear Mr. Hawk:
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
June 7, 2004
Subject: Issuance of NPDES Permit NCO033570
Chemetall Foote Corporation
Cleveland County
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North
Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on April 14, 2004.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to
you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this
letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North
Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may require
modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain
other permits which may be required by the Division of Water Quality or permits required by the Division of Land
Resources, the 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 Sergei Chernikov at telephone number
[phone], extension 594.
Sincerely,
ORIGINAL SIGNED B
SUSAN A. WILSON .V3� DEPT. OF E-4,I lIF,WMEW �
Alan W. Klimek, P.E. ryD V.1a l?,,SUDRl m '
cc: Central Files
NPDES Unit
Aquatic Toxicology Unit
Mooresville Regional=Office-/- Water Quality Section
N. C. Division of Water Quality / NPDES Unit Phone: [phone]
1617 Mail Service Center, Raleigh, NC 27699-1617 fax: [phone]
Internet: h2o.enr.state.nc.us DENR Customer Service Center: 1 800 623-7748

Permit NCO033570
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
Low-69uto0
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,
Chemetall Foote Corporation
is hereby authorized to discharge wastewater from a facility located at
Chemetall Foote Corporation
348 Holiday Inn Drive
. Kings Mountain
Cleveland County
to receiving waters designated as Kings Creek in the Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III and Iv hereof.
This permit shall become effective July 1, 2004.
This permit and authorization to discharge shall expire at midnight on August 31, 2008.
Signed this day June 7, 2004.
OaIGIhIAI_A ��� ON �
Alan Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NC0033570
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
Chemetall Foote Corporation is hereby authorized to:
Continue to discharge condensate, non -contact cooling water and boiler blowdown
from outfall 001. The facility is located at Chemetall Foote Corporation at 348
Holiday Inn Drive, Kings Mountain, in Cleveland County.
2. Discharge from said treatment works at the location specified on the attached map
into Kings Creek, classified C waters in the Broad River Basin.

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ceiving Stream: Kings Creek
NCO033570
Chemetall Foote
Corporation
Facility
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SCALE 1:24000

Permit No. NCO033570
SECTION A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Final
Beginning on the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge boiler blowdown from
Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT CHARACTERISTICS
EFFLUENT'LIM1TA110'NS:
MONITORING REQUIREMENTS
F
IVlont 1 Yy'.
Average ,..
Vl/eekly
Average.
Daily
Maximum
-Measurement
Frequency
Sample Type-
Sampiei
Location
Flow
Weekly
Instantaneous
E
Total Suspended Solids
30.0 mg/L
100.0 mg/L
2/Month
Grab
E
Lithium
2/Month
Grab
E
Total Residual Chlorine2
2/Week
Grab
E
Temperature3
Weekly
Grab
E, U, D
PW
Weekly
Grab
E
Acute Toxicity5
Annually
Grab
E
Notes:
1. Sample locations: E- Effluent, I- Influent, U — upstream, D- downstream.
2. Monitoring requirements apply only if chlorine is added to the treatment system.
3. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in
no case cause the ambient water temperature to exceed 32°C.
4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
5. Acute Toxicity, Fathead Minnow, P/F at 90%; see Special Condition A(2).
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit No. NC0033570
SUPPLEMENT TO EFFLUENT LIMITATIONS
AND MONITORING REQUIREMENTS
SPECIAL CONDITIONS
A (2). ACUTE TOXICITY PERMIT LIMIT (ANNUAL)
The permit holder shall perform annual toxicity test using test procedures outlined in the North Carolina Procedure
Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single Effluent Concentration',
Revised July, 1992 or subsequent versions. The monitoring shall be performed as a Fathead Minnow (Pimepbales
promelas) 24 hour static test. The effluent concentration defined as treatment two in the procedure document will be
90%. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below
all treatment processes.
The permittee will conduct one test annually, with the annual period beginning in January of the calendar year of
the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no
discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be
performed on the next discharge event for the annual test requirement.
The parameter code for this test is TGEAC. All toxicity testing results required as part of this permit condition will
be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed,
using the appropriate parameter code. Additionally, DWQ Form AT-3 (original) is to be sent to the following
address:
Attention: Environmental Sciences Branch
North Carolina Division of
Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-162.1
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should 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.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an
invalid test and will require immediate follow-up testing to be completed no later than the last day of the month
following the month of the initial monitoring.

NPDES Permit Requirements
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PART II
STANDARD CONDITIONS FOR' NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events.
3/Week
Samples are collected three times per week on three separate calendar days.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bgoass
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.
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.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: 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
(3) Variable time/constant volume: 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 preset gallon interval between sample collection fixed at no greater than 1 /24 of the
expected total daily flow at the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at
a constant time interval. This method may only be used in situations where effluent flow rates vary
less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart
during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method
requires prior approval by the Director.
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In accordance with (4) above, influent grab samples shall not be collected more than once per hour.
Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems
having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at
intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the
system in number of days. However, the interval between effluent grab samples may not exceed six hours nor
the number of samples less than four during a 24-hour sampling period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean
concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.3)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other
disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week
for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWO or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission.
Facility Closure
The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage
under the NPDES. Completion of facility closure will allow this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
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Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limits
The average of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Liset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limitl
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such discharges.
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 [40 CFR 122.41]. .
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 section 301, 302, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any such sections in a permit issued under section
402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8)
of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a)
(2)]
c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or
405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, or any requirement imposed in a pretreatment program approved under section
402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)]
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d. Any person who knolvin,gly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[40 CFR 122.41 (a) (2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An organization, as defined in section 309(c)(3)(13)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes � 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class 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. [40 CFR
122.41 (a) (3)]
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
[40 CFR 122.41 (d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
of the Federal Act, 33 USC 1319. Furthermore, the 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 [40 CFR 122.41 (g)].
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.
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7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this
permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder
of this permit, shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
10. 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 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. SignatoLy Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 122.41 (k)].
a. All permit applications shall be signed as follows:
0) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, .production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively, or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
1. The authorization is made in writing by a person described above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, 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 [40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]:
"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."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0].
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. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
Certified Operator
Upon classification of the permitted facility by the Certification Commission,. the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) .the grade
of the system [15A NCAC 8G.0201].
The ORC of each Class I facility must:.
➢ Visit the facility at least weekly
➢ Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must:
➢ Visit the facility at least daily, excluding weekends and holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
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b. Within 120 calendar days of:
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at alltimes provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the 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 Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41
(c)]-
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41 (m) (3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II. E. 6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a 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 b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
p) of this section.
5. U sets
a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims that
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noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
b. Conditions necessary for a demonstration of upset: 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 II. E. 6. (b) (B) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an
upset has the burden of proof in any enforcement proceeding.
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 503. The
Permittee shall comply with applicable 40 CFR 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 15A NCAC 2H.0124 —
Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures
either by means of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
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 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 [40 CFR 122.41 (j)].
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 (MR 1, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the 28th day following the completed'reporting period.
The first DMR is due on the last day of the month following the issuance of the 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:
NC DENR / Division of Water Quality / Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
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 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 [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
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 [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge
use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40
CFR 503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
7. Recording Results
For each measurement or sample taken pursuant to. the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
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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, at reasonable times, any records that must be kept under the conditions of this
permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge
of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall
constitute a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or
additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) 0). -
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 to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41 0) (2)].
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 permit to document the change of ownership. Any such action
may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)].
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
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Twenty-four Flour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the 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 [40 CFR 122.41 (1) (6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported -under Part II. E. 5 and 6. of this permit at
the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of
this permit [40 CFR 122.41 (1) (7)].
8. Other Information
Where the Permittee becomes aware that it . failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit
such facts or information [40 CFR 122.410) (8)].
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.
Persons reporting such occurrences by telephone shall also file a written report 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
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Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing
Pretreatment Program per 15A NCAC 2H .0907(b).
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing
regulations or by the requirements of the approved State pretreatment program, as appropriate.
Section C. Pretreatment Programs
Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40
CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H
.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and
referenced in the Pretreatment Program Submittal are an enforceable part of this permit.
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean
Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A
NCAC 2H .0900, and the legal authorities, policies, procedures, and financial .provisions contained in its
pretreatment program submission and Division approved modifications there of. Such operation shall include
but is not limited to the implementation of the following conditions and requirements:
Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program.
2. Industrial Waste SurvU (IWS)
The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection
system at least once every five years.
Monitoring Plan
The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific
data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of
specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required
by Part II, Section D, and Section E.5.).
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five
years, and as required by the Division. Within 180 days of the effective date of this permit (or any
subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation
of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40
CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909,
specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H
.0909.
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits
shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control
technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and
requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results
of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP).
Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.
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Authorization to Construct (A to C)
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable
industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of
an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to
comply with all Industrial User Pretreatment Permit (IUP) limitations.
POTW Inspection & Monitoring of their SIUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial
users, compliance with applicable pretreatment standards. The Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -
limited pollutants, once during the period from January 1 through June 30 and once during the
period from July 1 through December 31, except for organic compounds which shall be sampled
once per calendar year;
8. SIU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit,
or in 15A NCAC 2H .0908.
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations.
All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the
Division.
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be
required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements
and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR / DWQ / Pretreatment Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following.
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial
Users (SIUs) in Significant Non -Compliance (SNC);
b.) Pretreatment Program Summary(PPS)
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report (SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on
specific forms approved by the Division;
d.) Industrial Data Summary Forms ,IDSQ
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Monitoring data from samples collected by both the POTW and the Significant Industrial
User (SIU). These analytical results must be reported on Industrial Data Summary Forms
(IDSF) or other specific format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules,
public notice of SIUs in SNC, and any other information, upon request, which in the
opinion of the Director is needed to determine compliance with the pretreatment
implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant
Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with
applicable pretreatment requirements and standards during the previous twelve month period. This list
shall be published within four months of the applicable twelve-month period.
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along
with support information including general records, water quality records, and records of -industrial impact
on the POTW.
13. _Funding; and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its
approved pretreatment program.
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits
modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan
modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and
15A NCAC 2H .0907.
Version 612012003

ate of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality Q
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
C`p r
q/
April 14, 2004
Mr. Ralph W. Hawk
Senior Process Engineer
Chemetall Foote Corporation
348 Holiday Inn Dr.
Kings Mountain, North Carolina 28086
Dear Mr. Hawk:
1 � •
- D R
OR CAROLIalo6 g" ENT OF
��q'� � /poi .��__„
FIN MENT AND Niatti VrF`RLEOURCES
APR 2 2 2004
`j
N
Subject: Draft NPDES Permit
Permit NCO033570
Chemetall Foote Corporation
Cleveland County
Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very
carefully to ensure thorough understanding of the conditions and requirements it contains.
The draft permit contains following changes from your current permit:
• A Special Condition (A (3). Biocide Condition) has been eliminated.
Please submit any comments to me no later than thirty days following your receipt of the draft.
Comments should be sent to the address listed at the bottom of this page. If no adverse comments
are received from the public or from you, this permit will likely be issued in mid June, with an
effective date of July 1, 2004.
If you have any questions or comments concerning this draft permit, contact me at the telephone
number or e-mail address listed below.
Sincerely,
S reiiChrnikov, Ph.D.
NPDES Unit
cc: NPDES Unit D C p�
Aquatic Toxicology Unit l� l� U
lishevtexltegioiZal Office /rWater Quality Section
Point Source Compliance%Enforcement Unit APR 19 2M]p
Mr. Roosevelt Childress, US EPA
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 594 (tax) 9T@'A3T-WVJALITY SECTION
An Equal Opportunity Affirmative Action Employer sergei.chemikov@ ncmail.net ASHEVILLE REGIONAL OFFicF

Permit NCO
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
Draft 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,
Chemetall Foote Corporation
is hereby authorized to discharge wastewater from a facility located at
Chemetall Foote Corporation
348 Holiday Inn Drive
Kings Mountain
Cleveland County
to receiving waters designated as Kings Creek in the Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective
This permit and authorization to discharge shall expire at midnight on August 31, 2008.
Signed this day
Alan Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NC0033570
SUPPLEMENT TO PERMIT COVER SHEET
Chemetall Foote Corporation is hereby authorized to:
1. Continue to discharge condensate, non -contact cooling water and boiler blowdown
from outfall 001. The facility is located at Chemetall Foote Corporation at 348
Holiday Inn Drive, Kings Mountain, in Cleveland County.
2. Discharge from said treatment works at the location specified on the attached map
into Kings Creek, classified C waters in the Broad River Basin.

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Latitude: 351243
Longitude: 812111
USGS Quad #: G13NE
River Basin #: 030805
Receiving Stream: Kings Creek
Stream Class: C
Cyprus Foote Mineral
NC 0033570
Cleveland County

Permit No. NC
SECTION A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Draft
Beginning on the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge boiler blowdown from.
Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below:
'
EFFLUENT CHARACTERISTICS-
'
EFF;LUENT;LIMITATIO,NS
MONITQRING REQUIREMENTS
Monthly
. Average
Xj
Weekly
Average t.
Daily ;
MaX1ITillnl
Mleasurement
n� Frequency
3
Sample Type
Sample_
Locations`
a
Flow
Weekly
Instantaneous
E
Total Suspended Solids
30.0 mg/L
100.0 mg/L
2/Month
Grab
E
Lithium
2/Month
Grab
E
Total Residual Chlorine'
2/Week
Grab
E
Temperature3
Weekly
Grab
E, U, D
pH
Weekly
Grab
E
Acute Toxicity5
Annually
Grab
E
Notes
1. Sample locations: E- Effluent, I- Influent, U — upstream, D- downstream.
2. Monitoring requirements apply only if chlorine is added to the treatment system.
3. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in
no case cause the ambient water temperature to exceed 32°C.
4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
5. Acute Toxicity, Fathead Minnow, P/F at 90%; see Special Condition A(2).
There shall be no discharge of floating solids or visible foam in other than trace amounts.

SUPPLEMENT TO EFFLUENT
AND MONITORING REAL:
SPECIAL CONDITIONS
A (2). ACUTE TOXICITY PERMIT LIMIT (ANNUAL)
The permit holder shall perform annual toxicity test using test procedur(
Document entitled "Pass/Fail Methodology For Determining Acute Te
Revised July, 1992 or subsequent versions. The monitoring shall be p
promelas) 24 hour static test. The effluent concentration defined as treatn
90%. Effluent sampling for this testing shall be performed at the NPD
all treatment processes.
Permit Ni
ATIONS
outlined in the North Carolina Procedure
icity In A Single Effluent Concentration",
:formed as a Fathead Minnow (Pimephale.r
!nt two in the procedure document will be
S permitted final effluent discharge below
The pertnittee will conduct one test annually, with the annual period begig i nninn January of the calendar year of
the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no
discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be
performed on the next discharge event for the annual test requirement.
The parameter code for this test is TGEAC. All toxicity testing results re
be entered on the Effluent Discharge Monitoring Form (MR-1) for the t
using the appropriate parameter code. Additionally, DWQ Form AT-3
address:
Attention: Environmental Sciences Branch
North Carolina Division of
Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Enviror
days after the end of the reporting period for which the report is made.
uited as part of this permit condition will
)nths in which tests were performed,
iginal) is to be sent to the following
Sciences Branch no later than 30
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured aid reported if chlorine is employed for
disinfection of the waste stream.
Should any test data from this monitoring requirement or tests perfot
Quality indicate potential impacts to the receiving stream, this permit
alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited docun
survival, minimum control organism reproduction, and appropriate envit
invalid test and will require immediate follow-up testing to be completed
following the month of the initial monitoring.
by the North Carolina Division of Water
be re -opened and modified to include
t, such as minimum control organism
nental controls, shall constitute an
later than the last day of the month

NCDENR / DWQ
FACT SHEET FOR NPDES PERMIT DEVELOPMENT
NPDES No. NCO033570
Facility Inform atior>t
(1.) Facility Name:
Chemetall Foote Corporation
(2.) Permitted Flow (MGD):
NA
(6.) County:
Cleveland
(3.) Facility Class:
1
(7.) Regional Office:
Mooresville
(4.) Facility Status:
(New or existing)
Existing
(8.) USGS Topo Quad:
G13NE
(5.) Permit Status:
(i.e., New, Modification,
or Renewal)
Renewal
Stream C:haraCteristiCS
(1.) Receiving Stream:
Kings Creek
(2.) Subbasin:
030805
(8.) Drainage Area (mi2):
2.85
(3.) Index No.:
(9.) Summer 7Q10 (cfs)
0.9
(4.) Stream Classification:
C
(10.) Winter 7Q10 (cfs):
1.4
(5.) 303(d) Listed:
NO
(11.) 30Q2 (cfs):
1.4
(6.) 305(b) Status:
NA
(12.) Average Flow (cfs):
3.5
(7.) Use Support:
S
(13.) IWC (%):
17%
ChanlZes Incorporated into Permit Renewal
The Total Suspended Residue in the effluent sheet is replaced with the Total Suspended Solids
according to the latest EPA regulations.
PROJECT NOTES
Summary
Minor Class I industrial facility produces lithium compounds (SIC 2819) and discharges boiler
blowdown water (6000 gpd, 1-2 times/month; NO sanitary or process water) to Kings Creek in the Broad
River Basin. Kings Creek is not listed on the 303(d) list, current stream class is C. Maintain as individual
permit (rather than general) since lithium enters the waste stream as a dust, which is carried over with
water vapor at the end of the drying cycle. The pH of the wastewater is adjusted and recirculated through
a filter before discharge. There have not been any changes at the facility since the issuance of the last
permit.
DMR Data.
• No compliance problems between 1/2000 and 3/2004. Failed toxicity test in March and April of
2002, passed a subsequent test in June 2002.
• Compliance evaluation inspection conducted on November 3, 2003 did not find any deficiencies.

NPDES PERMIT FACT SHEET Chemetall Foote Corporation
Page 2 NPDES No. NC0033570
Staff Report
Staff report (06/18/03) recommended that the permit be renewed
Proposed Schedule for Permit Issuance
Draft Permit to Public Notice: April 14, 2004 (est.)
Permit Scheduled to Issue: June 11, 2004 (est.)
State Contact
requested.
If you have any questions on any of the above information orlon the attached permit,
please contact Sergei Chernikov at [phone], extension 594.
Regional Office Comments
Name:
EPA Comments
Name:
Date:
Date:
Page 2
Version: April 8, 2004

SOC Priority Project: No .
To: Permits and Engineering Unit
Water Quality Section
Attention: Charles Wearer
Date: June 18, 2003
NPDES STAFF REPORT AND RECOMMENDATION
MRO No. 03-04
County: Cleveland
Permit No. NCO033570
PART I - GENERAL INFORMATION
1. Facility and address: Chemetall Foote Corporation
Kings Mountain Operations
348 Holiday Inn Drive
Kings Mountain, North Carolina 28086
2. Date of investigation: N/A
3. Report prepared by: Michael L. Parker, Environmental Engineer II
4. Persons contacted and telephone number: Mr. Ralph Hawk, [phone].
5. Directions to site: From the intersection of Interstate 85 and NC Hwy 161 in southeast Cleveland
County, proceed north on NC Hwy 161 approximately 50 feet. Turn left onto the Interstate
service road. Chemetall Foote is located at the end of the service road.
6. Discharge point(s), List for all discharge points:
outfall 001: Latitude: 350 12' 57" Longitude: 810 21' 15"
U.S.G.S. Quad No.: G13NE
U.S.G.S. Quad Name: Kings Mountain, NC
7. Site size and expansion area consistent with application? Yes. There is sufficient area available
for expansion, if necessary.
8. Topography (relationship to flood plain included): Natural topography is moderately sloping with
steep slopes due to mining activities. The WWT system is not located within the 100 year flood
plain.
9. Location of nearest dwelling: None within 500 feet.

e
I,
Page Two
I
10. Receiving stream or affected surface waters: Kings Creek
a. Classification: C
b. River Basin and Subbasin No.: Broad 030805
C. Describe receiving stream features and pertinent downstream uses: Receiving stream is a
small creek with rocky/sandy bottom. General "C classification uses downstream.
PART H - DESCRIPTION OF DISCHARGE AND TREATMENT `NORMS
1. a. Volume of wastewater to be permitted for outfall 001: N/A
I
b. Current permitted capacity of the wastewater treatment facility: N/A
C. Actual treatment capacity of the current facility (current design capacity): 0.123 MGD
d. Date(s) and construction activities allowed by previous Authorizations to Construct issued
in the previous two years: There have been no ATCs' issued to this facility in the past 2
years.
e. Please provide a description of existing or substantially constructed wastewater treatment
facilities: Existing treatment consists of pH adjustment and (cloth) filtration.
f. Please provide a description of proposed wastewater ',treatment facilities: There are no
proposed WWT facilities included with this renewal.
g. Possible toxic impacts to surface waters: This facility has annual toxicity testing, and has
already passed its toxicity test for 2003. I
h. Pretreatment Program (POTWs only): N/A
i
2. Residuals handling and utilization/disposal scheme: There are no residuals generated from the
boiler blowdown.
3. Treatment plant classification: Class I
4. SIC Code(s): 2819 Wastewater Code(s): 14, 16
Main Treatment Unit Code: 52006
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant Funds or are any public monies involved
(municipals only)? Public monies were not involved in the construction of this facility.

Page Three
2. Special monitoring or limitations (including toxicity) requests: None at this time.
Important SOC, JOC or Compliance Schedule dates (Please indicate): This facility is not under an
SOC or Compliance Schedule nor are any proposed.
4. Alternative Analysis Evaluation: There are no known alternatives to this discharge at this time.
The surrounding area has been severely altered by grading and mining activities, which has
rendered the soils unusable for any type of ground absorption or surface disposal system.
Municipal sewer is currently unavailable, but may be in the future given the close proximity that
the City of Kings Mountain is to the site.
Air quality and/or groundwater concerns or hazardous materials utilized at this facility that may
impact water quality, air quality, or groundwater: The facility currently holds Air Quality Permit
No. 2894R12. There are no known groundwater or hazardous materials concerns.
PART IV - EVALUATION AND RECOMMENDATIONS
The permittee, Chemetall Foote Corporation, has applied for permit renewal. There have been no
changes to the existing facilities since the permit was last renewed. The discharge for 001 consist of
condensate from the production of anhydrous salts from a lithium bromide solution, and boiler
blowdown.
In previous NPDES permits for this facility, Chemetall maintained a second outfall (002), which
consisted of stormwater runoff, mine dewatering, and settling basin overflow. In addition to the waste
streams noted above, this outfall also received the outfall 001 discharge, some offsite runoff from the
nearby DOT rest area, and stormwater discharges from the adjacent Martin Marietta Quarry. This
outfall has since been incorporated into individual stormwater permit no. NCS000096. It may be
possible to incorporate both the process water outfall and the stormwater outfall into one NPDES
permit. The NPDES Unit should evaluate this option prior to permit renewal.
Pending receipt and approval of the WLA, it is recommended that the permit be renewed as
requested.
:S!i,),nature of report preparer Date
Water Qualit gional Supervisor Date
h Adsr\dsr03\chcmtall.sr

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, P.E. Director
2/5/2003
RALPH W HAWK
CHEMETALL FOOTE CORPORATION
348 HOLIDAY INN DR
KINGS MOUNTAIN, NC 28086
NCD.fw Nt, I Rik
NORTH CAIBCil�1MWANPA'RZlll t L j�
EN V I RON M EfN7�}�AGUPAL�lf21
f,.. AWED
COED ® 62003
(`;1LITY8ECT
Subject: NPDES Renewal Application
Permit Number NCO033570
Chemetall Foote Corporation
Cleveland County
Dear Permittee:
The NPDES Unit received your permit renewal application on January 28, 2003 . Thank you'for submitting this
package.
The permit renewal for this facility has been assigned to a staff member This staff member will contact you if further
information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant
positions. This staff shortage has lasted for over 4 years and is delaying all permit renewals. Our remaining permit
writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications
and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory
deadlines in the.statutes which govern our program.
If this staff shortage delays reissuance of NCO033570 the existing requirements in your permit will remain in effect
until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding
while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the
subject permit, please contact Charles Weaver at [phone], extension 511
Sincerely,
Valery Stephens
Point Source Branch
cc: Central Files
'Moores`vilfe-Regional Office, Water Quality Section
NPDES File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Chemetai/ Foote
Corporation
Mr. Charles H. Weaver, Jr.
NC DENR/DWQ/NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Chemetall Foote Corporation
NPDES Permit No. NCO033570 Permit Renewal
January 17, 2003.
�t 2003 {
JAN 2$
Dear Mr. Weaver:
Chemetall Foote Corporation is requesting the renewal of NPDES permit No.
NC0033570. Please find the appropriate renewal application documents enclosed.
There have not been any changes at the facility since the issuance of the last permit.
No sludge is generated at Chemetall Foote, since the only discharge from the facility is
boiler blowdown. Therefore, a sludge management plan is not required.
If you have any questions or require further information, please contact me at 704-734-
2698.
Sincerely,
4jfkOw
Ralph W. Hawk
Senior Process Engineer
Chemetall Foote Corporation • 348 Holiday Inn Drive • Kings Mountain, North Carolina 28086
Telephone [phone] • Fax [phone]

Please print or type in the unshaded areas only
(fill-in areas are spaced for elite type, i.e., 12 charactersfinch)
For Approved. OMB No. 2040-0086. Approval expires 5-31-92
FORM U.S. ENVIRONMENTAL PROTECTION AGENCY
I. EPA I.D. NUMBER
E GENERAL INFORMATION
F NCD003995741 TrA cC
����PA Consolidated Permits Program
1
2 13 14 1s
GENERAL I (Read the "General Instructions" before starting.)
LABEL ITEMS
GENERAL INSTRUCTIONS
If a preprinted label has been provided,
I. EPA I.D. NUMBER
affix it in the designated space. Review the
information carefully; if any of it is
NCD0039 1574 1
incorrect cross through it and enter the
correct data in the appropriate fill-in area
III. FACILITY NAME
CHEMETALL FOOTE CORPORATION
below. Also, if any of the preprinted data is
absent (the area to the left of the label
348 HOLIDAY i INN DRIVE
V. FACILITY
space lists the information that should
appear), please provide it in the proper fill -
MAILING LIST KINGS MOUNTAIN, NC 28086-0689
in area(s) below. If the label is complete
CLEVELAND COUNTY
and correct you need not complete Items
I, III, V, and VI(except VI-e which must be
completed regardless). Complete all items
VI. FACILITY
if no label has been roved. Refer to the
LOCATION
instructions for detailed item descriptions
and for the legal authorization under which
this data is collected.
II. POLLUTANT CHARACTERISTICS
INSTRUCTIONS: Complete A through J to determine whether you need to submit any permit application forms
to the EPA. If you answer "yes" to any
questions, you must submit this form and the supplemental from listed in the parenthesis following the question.
Mark "X" in the box in the third column if
the supplemental form is attached. If you answer "no" to each question, you need not submit any of these forms.
You may answer "no" if your activity is
excluded from permit requirements; see Section C of the instructions. See also, Section D of the instructions
for definitions of bold-faced terms.
MARK 'X'
MARK "X"
SPECIFIC QUESTIONS
SPECIFIC QUESTIONS
YES
NO
FORM
YES
NO
FORM
ATTACHED
ATTACHED
A. Is this facility a publicly owned treatment works
B. Does or will this facility (either existing or
which results in a discharge to waters of the
❑
®
❑
proposed) include a concentrated animal
❑
®
❑
U.S.? (FORM 2A)
feeding operation or aquatic animal
production facility which results in a discharge
to waters of the U.S.? (FORM 26)
16
17
18
19
20
1 21
C. Is this facility which currently results in
®
❑
M
D. Is this proposal facility (other than those described
❑
®
E]discharges
to waters of the U.S. other than
in A or B above) which will result in a discharge
those described in A or B above? FORM 2C
22
1 23
24
to waters of the U.S.? FORM 2D
25
26
27
E. Does or will this facility treat, store, or dispose of
F. Do you or will you inject at this facility industrial or
hazardous wastes? (FORM 3)
❑
®
❑
municipal effluent below the lowermost stratum
❑
®
❑
containing, within one quarter mile of the well
bore, underground sources of drinking water?
(FORM 4)
28
1 29
30
31
32
33
G. Do you or will you inject at this facility any
H. Do you or will you inject at this facility fluids for
produced water other fluids which are brought to
the surface in connection with conventional oil or
❑
®
❑
special processes such as mining of sulfer by the
Frasch process, solution mining of minerals, in
❑
®
❑
natural gas production, inject fluids used for
situ combustion of fossil fuel, or recovery of
enhanced recovery of oil or natural gas, or inject
geothermal energy? (FORM 4)
fluids for storage of liquid hydrocarbons?
34
35
36
37
38
39
FORM 4
I. Is this facility a proposed stationary source
J. Is this facility a proposed stationary source
which is one of the 28 industrial categories listed
which is NOT one of the 28 industrial categories ❑ ®
❑ ® ❑
❑
in the instructions and which will potentially emit
listed in the instructions and which will potentially
100 tons per year of any air pollutant regulated
emit 260 tons per year of any air pollutant
under the Clean Air Act and may affect or be
regulated under the Clean Air Act and may affect
45
located in an attainment area? FORM 5
ao 41 1 42 1 or be located in an attainment are? FORM 5 43 44
III. NAME OF FACILITY
c SKIP I Chemetall Foote Corporation
1
15 16-29 30
69
IV. FACILITY CONTACT
A. NAME & TITLE last, first, & title
B. PHONE area code & no.
Hawk, Ralph; Senior Process Engineer
704 734 2698
46 48 49 51 1 52 55
2
15 1 16 45
V. FACILITY MAILING ADDRESS
A. STREET OR P.O. BOX
D. ZIP CODE
28086-0689
348 Holiday Inn Drive
3
15 1
16 45
B. CITY OR TOWN C. STATE
c Kings Mountain NC
4
15 1 16 40 1 41 42
47 51
VI. FACILITY LOCATION
A. STREET, ROUTE NO. OR OTHER SPECIFIC IDENTIFIER
348 Holiday Inn Drive
5
1s
1 16 45
B. COUNTY NAME
Cleveland Count
46 70
C. CITY OR TOWN
D. STATE
E. ZIP CODE
F. COUNTY CODE
Kings Mountain
NC
28086-
0689
Defer to
DWQ
6
15
16 40
41 42
47 51
52 54
EI'A FORiNI 3-510-1 (8 90) CON"1'INIiE1) ON REVERSE

CONTINUED FROM THE FRONT
VII. SIC CODES 4-di it, in order ofpriority)
A. FIRST B. SECOND
C
2899
(specify)
Industrial Inorganic Chemicals
7
s
(specify)
s1s
17
C. THIRD D. FOURTH
C (specify) 7 (specify)
7 7
,s 1s 7 15 16 19
VIII. OPERATOR INFORMATION
A. NAME B. Is the name listed in Item
C Chemetall Foote Corporation VIII-A also the owner?
8 ® YES [:]NO
,8 1 19 55
C. STATUS OF OPERATOR (Enter the appropriate letter into the answer box; if "Other,"specify.)
D. PHONE area code & no.
F = FEDERAL M = PUBLIC (other than federal orstate)
P
(specify)
2698
AP
S = STATE O = OTHER (specify)
�70�4
�734
56
21
22 25
= PRIVATE
15
E. STREET OR PO BOX
348 Holiday Inn Drive
26 55
F. CITY OR TOWN
G. STATE H. ZIP CODE IX. INDIAN LAND
Mountain
NC 28086-0689 Is the facility located on Indian lands?
1 az 42. a7 s1 ❑ YES ® NO
cKings
16 ao
X. EXISTING ENVIRONMENTAL PERMITS
D. PSD Air Emissions from Proposed Sources
s P 8
15 16 17 1 18 30
A. NPDES (Discharges to Surface Water
'
NCS000096, NCO033570
g
N
15
16
1 17
1 18 30
BI. UIC (Underground Injection of Fluids
E. OTHER (specify)
(Specify)
C
T
I
C
T
8
9
U
9
15 1
16
1 17
1 18 30
15
16
17
18 30
C. RCRA Hazardous Wastes E. OTHER (specify) (Specify)
C T 1 c T e
9 R 9
15 16 17 18 30 15 16 17 18 30
XI. MAP
Attach to this application a topographic map of the -area extending to at least one mile beyond property boundaries. The map must
show the outline of the facility, the location of each of its existing and proposed intake and discharge structures, each of its
hazardous waste treatment, storage, or disposal facilities, and each well where it injects fluids underground. Include all springs,
rivers and other surface water bodies in the map area. See instructions for prpcise re uirements.
XII. NATURE OF BUSINESS(provide a brief description)
Production of Lithium Compounds using Lithium Alkali Conversions and Lithium Metal Processing.
XIII. CERTIFICATION see instructions
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and
all attachments and that, based on my inquiry of those persons immediately responsible for obtaining the information contained in
the application, l believe that the information is true, accurate and complete. / am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment.
A. NAME & OFFICIAL TITLE (type or print) BZ7URE
C. DATE SIGNED
T. David Douglas, General Manager
COMMENTS FOR OFFICIAL USE ONLY
C
C
1s
16 55
EPA FORiM 3510-1 (8-90)

SOURCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE SCALE IN FEET
KINGS MOUNTAIN. NORTH CAROLINA - SOUTH CAROLINA (1971) 0 1000 2000
FIGURE
Environmental TOPOGRAPHIC SITE FLAN
Resources CHEMETALL FOOTE CORPORATION 1
ERM Management KINGS MOUNTAIN, NORTH CAROLINA

NPDES PERMIT APPLICATION - SHORT FORM C
For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs)
N. C. Department of Environment and Natural Resources
Division of Water Quality I NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
North Carolina NPDES Permit Number NCO033570
Please print or type
1. Applicant and facility producing discharge
A. Name Chemetall Foote Corporation
B. Mailing address of applicant:
Street address 348 Holiday Inn Drive
City Kings Mountain County Cleveland
State NC Zip Code 28086-0689
Telephone Number [phone]
Fax Number [phone]
e-mail address ralph.hawk(d_)chemetall.com
C. Location of facility:
Contact Person Ralph Hawk
Street 348 Holiday Inn Drive
City Kings Mountain County Cleveland
State NC Zip Code 28086-0689
Telephone Number [phone]
2. Standard Industrial Classification (SIC) code(s): 2819
3. Number of employees: 100
4. Principal product(s) produced: Lithium Compounds
Principal raw material(s) consumed: Lithium carbonate lithium metal hydrochloric acid, hydrobromic acid,
sulfuric acid
5. Principal process(es): Lithium Alkali Conversions, Lithium Metal Processing
6. Amount of principal product produced (or raw material consumed)
H ict snPr_ifir amnunts consumed and/or units of oroduction)
Product Produced or Raw Material Consumed
AVERAGE
Product Produced or Raw Material Consumed
PEAK
per Day
2 tons
10 tons
per Month
50 tons
317 tons
per Year
604 tons
3,798 tons
7. Check here if discharge occurs all year X or
Circle the month(s) in which discharge occurs: January February March April
May June July August September October November December
Page 1 of 2 Version-1112000

NPDES PERMIT APPLICATION - SHORT FORM C
For manufacturing or commercial facilities with a discharge < 1 MGD (or WTPs)
Days per week discharge occurs: 1 day per week on average
NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram
of wastewater flow at the facility.
8. Types of wastewater discharged to surface waters only (check as applicable).
Discharge per operating day
Flow
GALLONS PER OPERATING DAY
Volume treated before discharging
PERCENT
Sanitary - daily average
Cooling water, etc. - daily average
6,000
100
Process water - daily average
Maximum per operating day for
total discharge (all types)
9. If any of the types of wastewater identified in item 8 (either treated or untreated) are discharged to places
other than surface waters, record the amount(s) discharged below:
A.
Municipal sewer system
god
B.
Underground well
gpd
C.
Septic tank
gpd
D.
Evaporation lagoon or pond
gpd
E.
Other, specify.
and
10. Number of separate discharge points: 1
11. Name of receiving stream(s): Kings Creek
12. Does your discharge contain or is it possible for your discharge to contain one or more of the following
substances added as a result of your operations, activities, or processes? Circle all that apply:
aluminum ammonia beryllium cadmium chromium chlorine (residual)
copper cyanide lead mercury nickel oil and grease
phenols selenium zinc a of fhe ab
I certify that I am familiar with the information contained in the application and that to the best of my
knowledge and belief such information is true, complete, and accurate.
T. David Douglas
General Manager
Printed name of Person Signing Title
P ®;
Signature of Ap Icant Date
North Carolina Genera Statute 143-215.66 (i) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record,
report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or
who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or
regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by
imprisonment not to exceed six months, or by both.
(18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.)
Page 2 of 2 Version-1112000

CHEMETALL FOOTE CORPORATION
2003 NPDES PERMIT RENEWAL APPLICATION
Product
lb/Prod/Batch
Actual
No. of Batches
Potential
No. of Batches
Actual
Production
(Ibs)
Potential
Production
(Ibs)
Lithium Chloride Brine
22500
19
133
419,352
2,992,500
Lithium Bromide Brine
20000
20
175
406,180
3,500,000
Lithium Bromide Anhydrous
3300
8
27
26,008
89,100
Lithium Sulfate
5100
64
175
325,461
892,500
Lithium Aluminate
350
86
350
30,000
122,500
TOTAL lb/year 1,207,001 7,596,600
ton/year 604 3798
ton/mo 50 317
ton/day 2 10
Notes:
1. Actual production number based on yearly production Oct 1, 2001- Sept 30, 2002
2. For NPDES Permit purposes, average production equals actual production.
3. For NPDES Permit purposes, peak production equals potential production.
4. Daily and monthly rates are equal to the yearly rate divided by 365 and by 12, respectively.

N
SOC PRIORITY PROJECT: Yes--NoX
If Yes, SOC No.
To: Permits and Engineering Unit
Water Quality Section
Attention: Tom Belnick
Date: August 25, 1998
NPDES STAFF REPORT AND RECOMMENDATION
County: Cleveland
Permit No. NC0033570
PART I - GENERAL INFORMATION
1. Facility and Address: Cyprus Foote Mineral Company
Kings Mountain Operation
P.O. Box 689 .
Kings Mountain, North Carolina 28086
2. Date of Investigation: August 12, 1998
3. Report Prepared By: Samar Bou-Ghazale, Env. Engineer I
4. Persons Contacted and Telephone Number: Mr. Ralph Hawk, Safety
and Environmental Coordinator; 704/734-2698.
5. Directions to Site: From the intersection of NC Interstate 85
and NC 161 in southeast Cleveland County, proceed north on NC
Hwy 161 approximately 50 feet. Turn left onto the Interstate
service road. Cyprus foote is located at the end of the
service road. Ea, — ,'
6. Discharge Point(s). List for all discharge points:
Latitude: 35012'57" Longitude: 81021'15"
Attach a U.S.G.S. map extract and indicate treatment facility
site and discharge point on map.
U.S.G.S. Quad No.: G 13 NE U.S.G.S. Name: Kings Mountain, NC
7. Site size -and expansion are consistent with application?

e
Yes__No_ If No, explain: N/A
8. Topography (relationship to flood plain included): Natural
topography is moderately sloping with steep slopes due to
mining activities. The WWT facility is not located within the
100 year flood plain.
9. Location of nearest dwelling: None within 500 feet.
10. Receiving stream or affected surface waters: Kings Creek.
a. Classification: C
b. River Basin and Subbasin No.: Broad; 030805
C. Describe receiving stream features and pertinent
downstream uses: The receiving stream is a small creek
with a sandy bottom. General C classification uses
downstream.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of wastewater to be permitted: 0.123 MGD
(Ultimate Design Capacity)
b. What is the current permitted capacity of the wastewater
treatment facility? 0.123 MGD
C. Actual treatment capacity of the current facility
(current design capacity)? 0.123 MGD
d. Date(s) and construction activities allowed by previous
Authorizations to Construct issued in the previous two
years: N/A
e. Please provide a description of existing or substantially
constructed wastewater treatment facilities: The
existing treatment consists of pH adjustment and
filtration.
f. Please provide a description of proposed wastewater
treatment facilities: N/A
g. Possible toxic impacts to surface -waters: N/A
h. Pretreatment Program (POTWs only): N/A
2. Residuals.handling and utilization/disposal scheme: No sludge
is generated from the above activities.

t
I V
3. Treatment plant classification (attach completed rating
sheet): Class I
4. SIC Code (s): 2819
Wastewater Code (s)
Primary: 14, 16
Main Treatment Unit Code: 52000
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant
Funds or are any public monies involved (municipals only)?
N/A
2. Special monitoring or limitations (including toxicity)
requests: N/A
3. Important SOC, JOC or Compliance Schedule dates: (please
indicate) N/A
4. Alternative Analysis Evaluation: Has the facility evaluated
all of the non -discharge options available. Please provide
regional perspective for each option evaluated. N/A.
5. Air Quality and/or Groundwater concerns or hazardous materials
utilized at this facility that may impact water quality, air
quality, or groundwater: The facility currently holds Air
Permit No. 2894R19. There are AQ or GW concerns nor are
hazardous materials utilized at this facility.
6. Other Special Items: N/A
PART IV - EVALUATION AND RECOMMENDATIONS
The permittee, Cyprus Foote Mineral, has applied for permit
renewal with modification. The modification consists of removing
outfall 002 since this discharge is covered under the company's
stormwater permit. Also,.-outfall 003 is to be removed from the
permit since the operation from the old chemical plant has been
ceased and the tailing pond been removed. The discharge at outfall
001 consist of condensate from the production of anhydrous salts
from a lithium bromide solution, non -contact cooling water, and
boiler blowdown.

It is recommended that outfall 002 and 003 be removed from the
permit. Pending review and approval by P & E, it is recommended
that the permit be renewed as requested.
�-�Z,1'7 Z',-,
Signature of Rep
_ r
Preparer
Water Quality egional Superv's r
Date

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RATING SCALE FOR CLASSIFICATION OF WATER POLLUTION CONTROL SYSTEMS
Name of 'Facility:
Owner or Contaci
Mailing Address:
County: ceCllpghs_D Telephone:
Present Classification: New Facility Existing Facility_
NPDES Per. No. NC00 3g 70 Nondisc. Per. No.WQ Health- Dept.Per No.
Rated by: SA/Ikfi_. Rem DNA rZA 1 C Telephone: 964-&3_/69q Date: 9' I7_-9Fr
Reviewed by: Health Dept. Telephone:
Regional Office Telephone:
Central Office Telephone:
ORC: Grade: Telephone:
Check Classification(s): Subsurface Spray Irrigation Land Ap lica ion
Wastewater Classification: (Circle One) 1 II III IV Total Points: !2
Ilea& \1 ilu7\1 �l•��::. :► \11�.:: ::1 \� �1:: r:•� 1�i\ ��:. \�
OA :. B : AN1 Ki .VAI lu I me Is .WI: la 1 : 0_- . • 101 WAWNIA a&A L919 � • • I LOS Wu hit MUM 7 III MIA,►:- •. M1. l►1,
SUBSURFACE CLASSIFICATION
(check all units that apply)
1. septic tanks
2. pump tanks
3. siphon or pump -dosing systems
4. sand filters
5. grease trap/interceptor -
6. oil/water separators
7. gravity subsurface treatment and disposal:
8. pressure subsurface treatment and disposal:
SPRAY IRRIGATION CLASSIFICATION
(check all units that apply)
1.
preliminary treatment (definition no. 32 )
2.
lagoons
3.
septic tanks
4.
pump tanks
5.
pumps
6.
sand filters
7.
grease trapAnterceptor
a.
oil/water separators
9.
disinfection
10.
chemical addition for nutrient/algae control
11.
spray irrigation of wastewater
In addition to the above classifications, pretreatment of wastewater In excess of these components shall
be rated using the point rating system and will require an operator with an appropriate dual certification.
LAND APPLICATION/RESIDUALS CLASSIFICATION (Applies only to permit holder) .
1. Land application of biosolids, residuals or contaminated soils on a designated site.
WASTEWATER TREATMENT FACILITY CLASSIFICATION
The following systems shall be assigned a Class I classification, unless, the flow is of a significant quantity or the technology is unusually
complex, to require consideration by the Commission on a case -by -case basis: (Check if Appropriate)
1. OiVwater Separator Systems consisting only of physical separation, pumps and disposal;
2. Septic Tank/Sand Filter Systems consisting only of septic tanks, dosing apparatus, pumps,sand filters, disinfection
and direct discharge;
3. Lagoon Systems consisting only of preliminary treatment, lagoons, pumps, disinfection, necessary chemical treatment for
algae or nutrient control, and direct discharge;
4. Closed -loop Recycle Systems;
5. Groundwater Remedialion Systems consisting only of oiVwater separators, pumps, air -stripping, carton adsorption, disinfection
and dispos.J;
6. Aquaculture operations with discharge to surface waters;
7. Water Plant sludge handling and back -wash water treatment;
8. Seafood processing consisting of screening and disposal.
9. Single-family discharging systems, with the exception of Aerobic Treatment Units, will be classified if permitted after July 1,
1993 or if upon inspection by the Division, it is found that the system is not being adequately operated or maintained. Such
systems will be notified of the classification or reclassification by the Commission, in writing.

(15) Electrodlalysls. Process for removing ionized salts from water through the use of ion -selective Ion -exchange membranes;
(16) Filter Press. A process operated mechanically for partially dewatering sludge;
(17) Foam Separation. The planned frothing of wastewater or -wastewater effluent as a means of removing excessive amounts of detergent materials through
the introduction of air In the form of fine bubbles; also called loam fractionation;
(18) Grit Removal. The process of removing grit and other heavy mineral matter from wastewater;
(19) Imhoff Tank. A deep two story wastewater tank consisting of an upper sedimentation chamber and a lower sludge digestion chamber.
(20) Instrumented Flow Measurement. A device which Indicates and records rate of flow; .
(21) Ion Exchange. A chemical process in which Ions from two different molecules are exchanged;
(22) Land application:_
(a) Sludge Disposal. A final sludge disposal method by which wet sludge may be applied to land either by spraying on the surface or by subsurface injection
(I.e., chisel plow); (not applicable for types of sludge described In (11) of this Rule);
(b) Treated Effluent. The process of spraying treated wastewater onto a land area or other methods of application of wastewater onto a land area as a
means of final disposal or treatment;
(23) Microscreen. A low speed, continuously back -washed, rotating drum filter operating under gravity conditions as a polishing method for removing
suspended solids from effluent;
(24) Nitrification Process. The biochemical conversion of unoxidized nitrogen (ammonia and organic nitrogen) to oxidized nitrogen (usually nitrate);
(25) Nitrogenous Stage. A separate stage of wastewater treatment designed for the specific purpose of converting ammonia nitrogen to nitrate nitrogen;
(26) Phosphate Removal, Biological. The removal of phosphorus from wastewater by an oxidanoxic process designed to enhance luxury uptake of phosphorus
by the microorganisms;
(27) Polishing Pond. A holding pond following secondary treatment with sufficient detention time to allow settling of finely suspended solids;
(28) Post Aeration. Aeration following conventional secondary treatment units to Increase effluent D.O. or for any other purpose;
(29) Post Aeration. (Cascade) A polishing method by which dissolved oxygen is added to the effluent by a nonmechanical, gravity means of flowing down a
series of steps or weirs; The flow occurring across the steps or weirs moves in a fairly thin layer and the operation of the cascade requires no operator
adjustment; thus, zero points are assigned even though this Is an essential step to meeting the limits of the discharge permit;
(30) Powdered to Granular Activated Carbon Feed. A biophysical carbon process that utilizes biological activity and organic absorption by using powdered or
granular activated carbon; Virgin or regenerated carbon is feed controlled Into the system;
(31) Preaeration. A tank constructed to provide aeration prior to primary treatment;
(32) Preliminary Units. Unit operations in the treatment process, such as screening and comminution, that prepare the liquor for subsequent major operations;
(33) Industrial Pretreatment.
(a) Pre-treatment Unit, Industrial. The conditioning of a waste at Its source before discharge, to remove or to neutralize substances Injurious to sewers and
treatment processes or to effect a partial reduction In load on the treatment process which is operated by the same governing body as the wastewater
treatment plant being rated;
b) Pre-treatment Program, Industrial - must be a Slate or EPA required program to receive points on the rating sheet;
(34) Primary Clarifiers. The first settling tanks through which wastewater is passed In a treatment works for the purpose of removing settleable and suspended
solids and BOD which Is associated with the solids;
(35) Pumps. All influent, effluent and Implant pumps;
(36) Radiation. Disinfection or sterilization process utilizing devices emitting ultraviolet or gamma rays;
(37) Reverse Osmosis. A treatment process In which a heavy contaminated liquid Is pressurized through a membrane forming nearly pure liquid free from
suspended solids;
(3B) Rotating Biological Contractors. A fixed biological growth process In which wastewater flows through tanks In which a series of partially submerged circular
surfaces are rotated;
(39) Sand Filters:
(a) Intermittent Biological. Filtration of effluent following septic tanks, lagoons, or some other treatment process In which further blodecomposltion Is
expected to produce desired effluents; Hydraulic loading rates on these filters are computed In gpd/ac and have a resulting low gpm/sf (less than one);
b) Recirculating biological - the same type of sand filter as defined in Subparagraph (39) (a) of this Rule with the added capability to recycle effluent back
through the sand filter;
(40) Sand or Mixed -Media Filters. A polishing process by which effluent limits are achieved through a further reduction of suspended solids;
(a) tow rate -- gravity, hydraulically loaded flher with loading rates In the one to three gpm/sf range;
(b) high rate -- a pressure, hydraulically loaded filter with loading rates In the five gpm/sf range; At any rate, the loading rate will exceed three gprr✓sf;
(41) Secondary Clarifiers. A tank which follows the biological unit of treatment plant and which has the purpose of removing sludges associated with the
biological treatment units;
(42) Separate Sludge Reaaration. A part of the contact stabilization process where the activated sludge Is transferred to a lank and aerated before returning it
to the contact basin;
(43) Septic Tank. A single -story settling tank In which settled sludge Is In contact with the wastewater flowing through the lank; shall not be applicable for
septic tank systems serving single family residences having capacity of 2,000 gallons or less which discharge to a nitrification field;
(44) Sludge Digestion. The process by which organic or volatile matter and sludge is gasified, liquefied, mineralized or converted Into more stable organic matter
through the activity of living organisms, which Includes aerated holding tanks;
(45) Sludge Drying Beds. An area comprising natural or artificial layers of porous materials upon which digested sewage sludge Is dried by drainage and
evaporation;
(46) Sludge Elutriation. A process of sludge conditioning in which certain constituents are removed by successive washings with fresh water or plant effluent;
(47) Sludge Gas Utilization. The process of using sewage gas for the purpose of heating buildings, driving engiries, etc.;
(48) Sludge Holding Tank (Aerated and Nonaerated). A tank utilized for small wastewater treatment plants not containing a digester In which sludge may be
kept fresh, and supernatant withdrawn prior to a drying method (i.e. sludge drying beds); This may be done by adding a small amount of air simply to keep the
sludge fresh, but not necessarily an amount that would be required to achieve stabilization of organic matter. A nonaerated tank would simply be used to
decant sludge prior to dewatering and would not allow long periods (several days of detention) without resulting odor problems;
(49) Sludge Incinerators. A furnace designed to bum sludge and to remove all moisture and combustible materials and reduce the sludge to a sterile ash;
(50) Sludge Slabilization (Chemical or Thermal). A process to make treated sludge less odorous and putrescibie, and to reduce the pathogenic organism
content; This may be done by pH adjustment, chlorine dosing, or by heat treatment;
(51) Sludge Thickener. A type of sedimentation tank In which the sludge is permitted to settle and thicken through agitation and gravity;
(52) Stabilization Lagoon. A type of oxidation lagoon in which biological oxidation of organic matter Is effected by natural transfer of oxygen to the water from
air (not a polishing pond);
(53) Stand -By Power Supply. On site or portable electrical generating equipment;
(54) Static Screens. A stationary screen designed to remove solids, including non -biodegradable particulate (floalable solids, suspended solids and BOD
reduction) from municipal and Industrial wastewater treatment systems;
(55) Tertiary Treatment. A. stage of treatment following secondary which is primarily for the purpose of effluent polishing; A settling lagoon or sand or coal filter
might be employed for this purpose;
(56) Thermal Pollution Control Device. A device providing for the transfer of heat from a fluid flowing In tubes to another fluid outside the tubes, or vice versa;
or other means of regulating liquid temperatures;
(57) Thermal Sludge Conditioner. A conditioning process by which heat Is added for a protracted period of time to Improve the dewaterabilfly of sludge by the
sofubilizing and hydraulizing of the smaller and more highly Hydrated sludge particles;
(58) Toxic Materials. Those wastes or combinations of wastes, Including dlsease-causing agents which after discharge and upon exposure, ingestion, Inhalation
or assimilation into arty organism, either directly from the environment or indirectly by ingestion through food chains, will cause death, disease, behavioral
abnormalities, rancor, genetic mutations, physiological malfunctions (Including malfunctions In reproduction) or physical deformations, In such organisms or their
offspring; Toxic materials Include, by way of Illustration and not limitation: lead, cadmium, chromium, mercury, vanadium, arsenic, zinc, ortho-nitro-chlorobe nzene
(ONCB), polychlorinated biphenyls (PCBs) and dichiorodfphenyl Irichforoetfane (DDT); and any other materials that have or may hereafter be determined to have
toxic properties;
(59) Trickling Filter. A biological treatment unit consisting of a material such as broken stone or rock over which wastewater is distributed; A high rate trickling
filter Is one which operated at between 10 and 30 mgd per acre. A low rate trickling filter Is one which is designed to operate at one to four mgd per acre;
(60) Trickling Filter (Packed Tower). A plug flow type of operation In which wastewater flows down through successive layers of media or filtrate material; Organic
material Is removed continually by the active biological fixed growth in each successive layer. This method may produce 'secondary' quality effluent, or may be
adapted to produce a nitrified effluent;
(61) Vacuum Filter, Centrifuges, or Filter Presses. Devices which are deslgnsd to remove excess water from either digested or undigested sludge prior to disposal
or further treatment.

State of North Carolina
Department of Environment S�
and Natural Resources a •
Division of Water Quality a —
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 1, 1998
�Z�;�'I�:'c� :� 5`.� �`•, �` r:.R �F;, Eft
Mr. Ralph W. Hawk
Cyprus Foote Mineral Company JUL 6 1995
348 Holiday Inn Drive
Kings Mountain, North Carolina 28086
9Sf Q6 Ela4�rrt'IA�irl�l
Subject: NPDES Permit Renewal Application
Permit NCO033570
Cyprus Foote Mineral Company
Cleveland County
Dear Mr. Hawk:
The Division received your permit renewal application and renewal fee of $250.00 (paid by
check #2460) on June 30, 1998. Thank you for submitting this package in a timely fashion.
The permit renewal for this facility has been assigned to Tom Belnick of the NPDES Unit. Mr.
Belnick will contact you if further information is needed to complete the permit renewal. If you have
any additional questions concerning renewal of the subject permit, please contact Mr. Belnick at (919)
733-5083, extension 543.
Sincerely, c�
Charles H. Weaver, Jr.
NPDES Unit
cc: Central Files
'Mooresville Regional Office, Water Quality Section
P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719
An Equal Opportunity Affirmative Action Employer [e-mail]

CYPRUS FOOTE
MINERA6 COMPANY
A Cyprus Amax Company
Mr. Charles H. Weaver, Jr.
NC DENR/DWQ/NPDES
PO Box 29535
Raleigh, North Carolina 27626-0535
Ref.; Cyprus Foote Mineral Company, Cleveland County
NPDES Permit No. NCO033570
Dear Mr. Weaver:
Cyprus Foote Mineral Company
348 Holiday Inn Drive
Kings Mountain, North Carolina 28086
[phone]
FAX [phone]
June 29, 1998
Cyprus Foote Mineral Company is requesting the renewal of NPDES permit No. NC0033570. Enclosed
please find an application for renewal and a check in the amount of $250 to cover the renewal fee.
Cyprus Foote proposes the following modifications be made to the permit:
Outfall 001:
No permit modifications are recommended for Outfall 001 at this time. No changes to the process or
effluent have occurred since the last permit renewal.
Outfall 002:
Cyprus Foote is requesting the removal of Outfall 002 from the NPDES permit. Outfall 002 was
originally permitted for the discharge of stormwater originating from a mining/mineral plant process,
recycling system, and tailings pond The mineral plant and associated ponds are no longer in operation;
no industrial activity is associated with the stormwater. Ms. Patricia Beam of the DWQ recommended
during the last Compliance Sampling Inspection that Outfall 002 be removed from the NPDES permit.
Because the only discharge from Cyprus Foote is boiler blowdown, no sludge is generated and, therefore,
the facility has no sludge management plan.
If you have any questions or require further information, please contact me at [phone].
Sincerely,
�*' Gv P,
R. W. Hawk
Safety and Environmental Coordinator
FOOTE
LITHIUM

NPDES FEKMIA AFrLIC%A1lUN - anUA.1 rUlkivi '--
To be filed only by persons engaged in manufacturing and mining
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
P. O. Box 29535, Raleigh, NC 27626-0535
Please print or type
1. Applicant and facility producing discharge
A. Name Cyprus Foote Mineral Company
B . Mailing address of applicant:
1. Street address_ 3 48H 1 i d a y Inn Drive
2. CityKings Mountain 3. County Cleveland
4. State North Carol ina 5. Zip Code 98086-0689
C. Location of facility:
1. Street 348 Holiday Inn Drive
2. City Kings Mountain 3. County ('laraland
4. State North Carolina 5. Zip Code 28086-0689
D. Telephone Number (7 04) 7 3.4 - 2 6 9 8
E. Fax Number ... (7 0 4) 7 3 4- 0 2 0 8
2. Standard Industrial Classification (SIC) code(s): 28 19
3. Number of employees: '1 0 0
4. Principal product(s)produced: Lithium Compounds
5
P
Principal raw material(s) consumed:
Principal process(es): Lithium Alkali Conversions
Amount of principal product produced or raw material consumed
!T ;of c,,—;f;r amnnnfc rnnciimPrl and/nr units of vroduction)
Product Produced or
Product Produced or
Raw Material Consumed
Rave Material Consumed
(AVERAGE)
(PEAK)
per Day
3 tons
13 tons
per Month
96 tons
392 tons
per Year
1155 tons
4700 tons
7. (a) Check here if discharge occurs all year FX1 , or
(b) Circle the month(s) in which discharge occurs: January February March April
May June July August
September
October
No% ember December
(c) Da\,s per week discharge occurs:
1 day per
week on
average
NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a
schematic diagram of wastewater flow at the facility.
Short Form C Version 9-97

NPDES PERMIT APPLICATION - SHORT FORM C
To be filed only by persons engaged in manufacturing and mining
8. Types of wastewater discharged to surface waters only (check as applicable).
Discharge per operating day
Flow
GALLONS PER OPERATING DAY -
Volume treated before discharging
PERCENT
Sanitary - daily average
Cooling water, etc. - daily average
6300 gal
100
Process water - daily average
Maximum per operating day for
total discharge (all types)
9. If any of the types of wastewater identified in item 8 (either treated or untreated) are discharged to
places other than surface waters, record the amount(s) discharged below:
A. Municipal sewer system gpd
B . Underground well and
C. Septic tank gpd
D. Evaporation lagoon or pond gpd
E. Other, specify gpd
10. Number of separate discharge
11. Name of receiving water(s): Kings Creek
12. Does your discharge contain or is it possible for your discharge to contain one or more of the following
substances added as a result of your operations, activities, or processes? Circle all that apply:
aluminum
ammonia
beryllium cadmium
chromium chlorine (residual)
copper
cyanide
lead mercury
nickel oil and grease
phenols
selenium
zinc
N=the
I certify that I am familiar with the information contained in the application and that to the best of my
knowledge and belief such information is true, complete, and accurate.
Printed name of Person Signing
Signature of Applicant
kYar� dd/A�h}.ti
Title
Datz
North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement
representation, or certification in any application, record, report; plan, or other document files or required to be maintained
under Article 21 or regulations of the Environmental Management Commission implementing that .Article, or who falsifies,
tampers with, or know]y renders inaccurate any recording or monitoring device or method required to be operated or
maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be
rilt-�- of a misdemeanor punishable by a fine not to exceed $10,000, orby impprisonment not to exceed six months, or by both.
C.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or
both, for a similar offense.)
Short Form C Version 9-97

Priority Pollutant Analyses
(Ref: 40 CFR, Part 122.21)
Paramete
urflt
Outfall001
BOD5
mg/I
10
COD
mg/I
48
TOC
mg/I
14
TSS
mg/I
3.7
Ammonia (as N)
mg/I
<0.1
Oil and Grease
mg/I
<5
Summer Temp
°C
32.7
Winter Temp
°C
15.0
pH
7.9
Note: TSS, temperature, and pH determined by plant laboratory; other values determined
by Pace Incorporated, Huntersville, NC. See attached results.
6/29/98 1 of 1

In -House Analytical Results
Data from 1997 DIVIRs
# days of
discharge
Discharge/Day
pH
Temp °C
TSS mg/1
Li mg/1
Jan-97
Feb-97
1
6300
8.7
19
2.4
0.25
Mar-97
1
6300
7.5
17
1.8
6
Apr-97
0
0
May-97
2
6300
7.2
23
4
126
6300
8.3
25
2.2
13.5
Jun-97
2
6300
7.1
22
1.8
41
6300
8.3
Jul-97
Aug-97
2
6300
8
42
2.2
61.5
6300
8.4
42
0.8
113
Sep-97
1
6300
8
42
5.5
486
Oct-97
0
0
Nov-97
0
0
Dec-97
1
.1500
8
13
13.8
194
Jan-98
0
0
Feb-98
1
6300
6.9
17
2
100.5
Mar-98
0
0
�AVG:
6300
7.9
26.2
3.7
114.2
Avg Temps
summer 32.7
winter 15.0

• Pate Analytical Services, Inc.
9800 Kincey Avenue, Suite 100
Pace, Ana l yfi c a l Huntersville, NC 28078
Tel: [phone]
Fax:[phone]
Cyprus Foote Mineral Company
348 Holiday Inn Drive
Kings Mountain, NC- 28086
Attn: Mr. Dennis Guidry
Client Reference: Effluent
PACE Sample Number:
Date Collected:
Date Received:.
Client Sample ID:
Parameter
INDIVIDUAL PARAMETERS
June 25, 1998
PACE Project Number: 680610525
92 037577,7
06/10/98
06/10/98
Pipe 01
Biochemical Oxygen Demand, 05 Day
mg/L
2
10
5210B
06/10/98
Chemical Oxygen Demand
mg/L
25
48
5220 D
06/22/98
Nitrogen, Ammonia
mg/L
0.1
ND
450ONH35&F
06/23/98
Oil & Grease
mg/L
5
ND
1664
06/18/98
Solids, Total Suspended
mg/L
1
11
2540 0
06/12/98
Total Organic Carbon
mg/L
0.50
14
5310C
06/23/98
These data have been reviewed and are
approved
for release.
,
Margaret S. Harding
Manager, Laboratory Operations
Laboratory certification IDa
NC Wastewater 12
NC Drinking Water 377o6
SC 99006
TT/£0'd L68## es:80
Laboratory Qenifiqgiign IDs
REPORT OF LABORATORY ANALYSIS KY Drinking Water 90090
TN UST Ust
This report shali not be reproduced, except in full, VA Drinking Water 213
GZ-90`866T ZSL.Zb£LVOL 9oHnosaH 11oo9 snad).o: woH--:i

• R
Pace Analytical Services, Inc.
9800 Kincey Avenue, Sulte 100
Pace .Analytical Huntersvllle, NC 28070
Tel: [phone]
Fax [phone]
Mr. Dennis Guidry FOOTNOTES
Page 2 for page 1
Client Reference: Effluent
ND Not detected at or above the PRL.
PRL PACE Reporting Limit
June 25, 1998
PACE Project Number: 680610525
L.aboratory CeNfleation IDs L A of [o CerNfic�tlon iris
NC Wastewater 12 NC Drinking water 37706 REPORT OF LABORATORY ANALYSIS KY Drinking Water 90090 SC 89006 This report shell TN UST List
cept in full, ll hot be reproduced, exVA Drinking Water 213
TT/b0'd L68# 6s:80 6z-90.866T zSLzb£LV0L Eoanosaa 100A sm:dAo: woad

• Pace Analytical Services, Inc.
9800 I(Incey Avenue, Suite 100
Pace Analytical Huntersville, NC 28078
Tel: [phone]
Fax:[phone]
Mr. Dennis Guidry
Page 3
Client Reference: Effluent
Biochemical Oxygen Demand, 05 Day
Batch: 92 73866
Samples:-92 0375777
METHOD BLANK AND SAMPLE DUPLICATE:
paramptpr
Biochemical Oxygen Demand; 05 Day
LABORATORY CONTROL SAMPLE:
param t r
Biochemical Oxygen Demand, 05 Day
QUALITY CONTROL DATA
June z5, 1998
PACE Project Number: 680610525
Duplicate
Method of
llnifs PAL Blank 92074MI 92 0374061 RE
mg/L 2. ND 90 90 0
Reference
ltnits Vallip gey
mg/L 2 198 95%
u
Laboratory Certification 105 Wilgr� Ceriftigon IDS
NC `"'�`ewater ing W 12 REPORT OF LABORATORY ANALYSIS TN DST u� Water 90090
NC Drinking Water 3770�
SC 99006 This raport shall not be reproduced, except in full, VA Drinking Water 213
WlnfAl it fk- --04— -t M1 -- -- ... -.
TT/S0'd L68# 6s:80 6Z-90`S66T ZSGZb£LbOL Aoanosaa lood snadko: woad

Pace Analytical Services, Inc.
9800 Klncey Avenue, Suite 100
Pale A n a l yfi a I Huntersville, NC 28078
Tel, 7041-875-9092
Fax [phone]
Mr. Dennis Guidry
Page 4
Client Reference: Effluent
Chemical Oxygen Demand
Batch:.92 74354
Samples:- 92 0375777
METHOD BLANK AND SAMPLE DUPLICATE:
Parameter
Chemical Oxygen Demand
SPIKE:
Paraniatpir
Chemical Oxygen Demand
LABORATORY CONTROL SAMPLE:
Parametpr
Chemical Oxygen Demand
QUALITY CONTROL DATA
Ifni c
mg/L ,
Lin tc
mg/L
Lin i ts
mg/L
June 25, 1998
PACE Project Number: 680610525
Duplicate
Method 920375777 of
PAL Blank Pine 01 92 037g777- gF
25 ND 48 - 44 s
920375777 Spike
PBL Pipp 0.1 Spikp REL1C
25 48 200 96%
PAL
25
Reference
Val LIP 1Y
500 101%
l.NC eboraton Gertlflcaden ids I ato Gertificalfen IDe
NC Drinking Water ater 377os REPORT OF LABORATORY ANALYSIS N UST i is Water �090
SC seoae TN UST List
This report shall not be reproduced, except in full, VA Drinking Water 213
wilhniit tho vriff.n ------L.:__. .
11/90'd L68## 6S:90 6Z-90`866T ZSLZb£LbOL aoanosaa 1ooA snad.o: woaH

Pace Analytical Services, Inc,
9800 Kincey Avenue, Suite 10p
Pace Analytical Huntersviile NC 28078
Tel: [phone]
Fa::704-875-9091
Mr" Dennis Guidry
QUALITY CONTROL
DATA
June 25', 1998 .
Page 5
PACE Project Number: 680610525
Client Reference: Effluent
-
Nitrogen, Ammonia
Batch: 92 74408
Samples: 92 0375777
METHOD BLANK AND SAMPLE DUPLICATE_
Dupl 1'cate
Method
of
earamptpr
Ilni c
F-RL
Blank ' 9901740 9
9p n7an2g gP
Nitrogen, Amtttonia s
mg/L
0:1
ND
Nitrogen, Ammonia
mg/L
10.0
65
68 5
SPIKE:
Spike
Paramptpr
lint c
92037029 Spik�
Nitrogen, Ammonia
mg/L
10.0
65 50
96%
LABORATORY CONTROL SAMPLE:
,
Reference
P ra amptpr
Units
vaIt-i_p,
.BeLY
Nitrogen, Ammonia
mg/L
0.1
0.50
107%
L aboratonr Cerlification IN
NG Wastewater 12
NC Drinking Water 37709
SC 99006
TT/Lo"a L68# 6S:80
Laboratory Certifieatlon IN
REPORT OF LABORATORY ANALYSIS KY Drinking Water 90090
TN UST List
This report stlall not be reproduced, except in full, vA Drinking Water 213
Wit hniIt1MA W.ift­ -en--- .__...._ _ .
6Z-9018661 ZSLZb£2-b02- aoanosaa 100A snad..o: woad

Pace Anaytical Services, Inc.
9800 Kincey Avenue, Suite 100
Pace Analytical Huntersville NG28078
Tel: [phone]
Fax [phone]
Mr. De-nnls Guidry
Page 6
Client Reference: Effluent
Oil & Grease
Batch: 92 74242
Samples: 92 0375777
METHOD BLANK:
Parameter
Oil & Grease
LABORATORY CONTROL SAMPLE:
Param tpr
Oil & Grease
Laboratory CerAlizEdl :- l^i
NC wastewater 12
NC Drinking water 37706
SC 99006
TT/80-d Lse# 6S:80
QUALITY CONTROL DATA
June 25, 1998
PACE Project Number: 680610525
Method
llni tc P&L Blank_
mg/L 5 ND
- Reference
I In 1 S P Va 1 IP BEc-v
mg/L 5 40 75%
3
Laboratory Ceaificatlon IDs
REPORT OF LABORATORY ANALYSIS Kr Drinking water 9ooso
TN UST Ust
This report shall 'not be reproduced, except in full, vA Orinking water 213
wirhry It th. U-4 ..- -- -' -( n--- . - . _ .
GZ-90`866T ZSL.Ztb£L.bOL aoanosaa lood snadAo: woad

Pace Analytical Services, Inc.
980n Kncey Avenue, Sulte 100
Pace Analytical Huntersvllle NC 28078
Tel: [phone]
Fax [phone]
Mr. Dennis Guidry
Page 7
Client Reference: Effluent
Solids,. Total Suspended
Batch: 92 73973
Samples:- 92 0375777
METHOD BLANK AND SAMPLE DUPLICATE:
Par m tpr
Solids, Total Suspended
LABORATORY CONTROL SAMPLE:
Parampter
Solids, Total Suspended
NC Wastewater 12
NC Drinking Water 37706
Sc 99006
TT/G0'd L58# 00:60
QUALITY CONTROL DATA June 25, 1998
PACE Project Number: 680610525
Duplicate
Method of
Uni q;F&L Rlank 9-7OZ747S4 92.,.0-47471;4 �E
mg/L I. ND 1100 1100 c
Reference
In1 tq Valli BRU
mg/L 1 100 102%
A
Laboratorv_Certlflealion IDs
N
REPORT OF LABORATORY ANALYSIS Drinking Water 90090
TN UST Ust
This report shall not be reproduced, except in full, VA Drinking Water 213
SZ-90`eGGT Eiodnosaa 1ooA sma,,o: woaA

Pace AnalyUcal Services, Inc.
9800 Kncey Avenue, Suite 100
Pace Analytical Huntersville, NC 28078
Tel: [phone]
fax: [phone]
Mr. Dennis Guidry FOOTNOTES
Page 8 for pages 3 through
Client Reference: Effluent
ND Not detected at or above the PRL_
PRL PACE Reporting Limit '
RPD Relative Percent Difference
June 25. 1998
7 PACE Project Number: 680610525
0
Leboratoty Q,edlficatfon IDs Laboratory Certification IN
NC Drinking a4 water 377oe REPORT OF LABORATORY ANALYSIS ►n Drinking Water 90090
g TN UST List
SC e9oa
This report shall not be reproduced, except in full, VA Drinking Water 213
withnl It tha —in--------a _a n--_ - - _.. . _ .
TT/OT'd LGO# 00:GO GZ-90'S55T ZSLZb£Lt7OL 3oanos3a 1ooA snaaAo: wogs

CHAIN -OF -CUSTODY RECORD -
Analytical Request
C I/P 12
ai Afeni fn Uf LI6 Turn around Time
co RepcHrtTa: Dk.im,,,
OR � U�S�=_CXOIC)05Z
Wdwe 3 Y�S' rJ 7 24 Houm. a,
DA. 131E To:
E] 48 Hourr., Paw PM Man WAIL- A
rI16t4AIJ_-A,',v Alc 24(6-k�
(TI \ P-0-1/150169A renoe"'
Q hem 1704 731/-- 0 !week 2Weeks" Pam PTJW
,
Normal-14 Daya
amplad By (PRIM'): Requaafed Due Date.
Ix PRESERVATI S 2ALy6F-I' L
LO
allE 7
N D D
ampler Signature
Data Sampled >
z x
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0
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0
MAIN d 2 z
z :3 3� >
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3 13Y ..-7—.
N
Ln —
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0 OUTAI-Al E
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0 Man I Comments
0
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3-1 A!5 _M .
BAPAPILE CONDITION
Temp; Received on toe: Y 1 N Sealed Cooler, Y N Sampin Intact:
Intact.
r.,
pH

4s
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
�I James B. Hunt Jr. Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
V
Mr. S. K. Peeler.
Cyprus Foote Mineral
348 Holiday Inn Drive
Kings Mountain, North Carolina
Dear Mr. Peeler:
AT4
A-ft%M 00ft*4
E3 T 1'•
NAT IEN URAL .-
rCts'S
May 12, 1995
28086-0689
MAY 1ti5
VIVISICiI' 0-on
1{10"SV:LLE REGICPIdL flFFIGEE�tENf
Subject: Permit Modification
Permit No. NCO033570
Cyprus Foote Mineral
Cleveland County
On February 7, 1995, the Division of Environmental Management received your request for
removing outfall 003 from the permit. Effective immediately, outfall 003 is deleted.
Please find the enclosed supplement sheet, map, and effluent sheets which should be
inserted into your permit. The old pages should be discarded. All other terms and conditions
contained in the original permit remain unchanged and in full effect. These permit
modifications are issued pursuant to the requirements of North Carolina General Statutes .143-
215.1 and the Memorandum of Agreement between North Carolina and the U. S.
Environmental Protection Agency.
If 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.
If you have any questions concerning this revision, please contact Jay Lucas, P.E., at
telephone number 919/733-5083 ext. 502. ' —
S' cerely,
. Preston Howard, Jr., P.E.
Enclosure -
cc: Central Files
MMTToresvihle l-egronal_Offi.ce-V�'ater Quality
Mr. Roosevelt Childress, EPA
Compliance
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Permit No. NCO033570
SUPPLEMENT TO PERMIT COVER SHEET
Cyprus Foote Mineral Company
is hereby authorized to:
1. Continue to discharge condensate, non -contact cooling water, and boiler blowdown from outfall
001, and continue to discharge stormwater from outfall 002, located at a site on N.C.. Highway
216, Kings Mountain, Cleveland County (See Part III of this Permit), -and.
2. Discharge from said treatment works at the location specified on the attached map into Kings
Creek which is classified Class C waters in the Broad River Basin.

UNITED STATES
DEPARTMENT OF THE INTERIOR
1511-. GEOLOGICAL SURVEY
81 22'30" 1890 000 FEET (S.C.) 468000-.E. 5 MI TO N C. 271, 20' 470 6
'8
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em
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WT-37-/ P?oncls\,
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A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0033570
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 001. 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. Ava. Daily Max.
Frequency
Type
Location
Flow
Weekly
Instantaneous
E
Temperature
*
Weekly
Grab
E, U, D
Total Residual Chlorine***
Weekly
Grab
E
Lithium
2/Month
Grab
E
Acute Toxicity****
Annually
Grab
E
TSS
30.0 mg/I 100.0 mg/I
2/1VIo:nth
Grab
E
THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE TREATMENT SYSTEM EXCEPT AS PRE -APPROVED
ADDITIVES TO BIOCIDE COMPOUNDS (SEE PART 3, CONDMON E. OF THIS PERMIT).
* Sample Locations: E - Effluent, U - Upstrearn, D - Downstream
** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in
no case cause the ambient water temperature to exceed 32°C.
*** Monitoring requirements only apply if chlorine is added to the cooling water.
****Acute Toxicity (Fathead Minnow, P/F at 90%); Annually. See Part III, Condition F. of this permit.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

A. (). EFFLUENT LIMITATIONS• AND MONITORING REQUIREMENTS FINAL Permit No. NCO033570
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 002-STORMWATER RUNOFF. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics
Discharge Limitations
Monitoring
Requirements
Lbs/dav Units (specify)
Measurement
Sample
*Sample
Mon. Avg. Daily Max Mon. Avg. Daily Max.
FrRquency
Type
Location
Flow
Monthly
Instantaneous
E
Settleable Solids
0.1 mI/I 0.2 m1/1
Monthly
Grab
E
Turbidity—
Monthly
Grab
E
Lithium
Monthly
Grab
E
TSS
30.0 mg/I 100.0 mg/I
2/Month
Grab
E
* Sample locations: E - Kings Creek Weir No. 3
**The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural
background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water.
BMP Conditions
1. The permittee shall operate the facilities in a manner which will minimize the impact on the receiving waters.
2. The permittee shall utilize sound management practices to ensure that contaminants do not enter the'surface waters as a result of blasting at
this site.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab
samples.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

State of North Carolina
Department of Environment, 4 • •
Health and Natural Resources
Division of Environmental Management �Oft 6,
James B. Hunt, Jr., Governor f\ p E H N
Jonathan B. Howes, Secretary C\)
A. Preston Howard, Jr., P.E., Director ENVIRONMENT, IILA NL` 14,
°& NATURAL RESOURCES
January 31, 1994
D. L. Moskal
P O Box 689
Kings Mountain, NC 28086
FEB 1 1994
DIVISIOII OF EflVlRU41,JK1lTAL t91W811EME91
MOOOESVIILE REGIONAL UWE
Subject: Permit No. NCO033570
Cyprus Foote Mineral Company
Cleveland County
Dear Mr. Moskal:
In accordance with your application for discharge permit received on June 21, 1993, we
are forwarding herewith the subject state - 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, EA. 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 Environmental Management 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 Ms. Susan Robson at
telephone number 9191733-5083.
Sinc 1
Origmalined By
David A. Goodrich
A. Preston Howard, Jr.
cc: Mr. Jim Patrick, EPA
-egion , • f- ce
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Permit No. NCO033570
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
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,
Cyprus Foote Mineral Company
is hereby authorized to discharge wastewater from a facility located at
a site on N.C. Highway 216
Kings Mountain
Cleveland County
to receiving waters designated as Kings Creek in the Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, 11, and III hereof.
This permit shall become effective March 1, 1994
This permit and the authorization to discharge shall expire at midnight on December 31, 1998
Signed this day January 31, 1994
Original Signed, By
David As Goodrich
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission

Permit No. NCO033570
SUPPLEMENT TO PERMIT COVER SHEET
Cyprus Foote Mineral Company
is hereby authorized to:
1. Continue to discharge condensate, non -contact cooling water, and boiler blowdown from outfall
001, continue to discharge stormwater from outfall 002, and continue to discharge rainwater
supernatant from the chemical tailings pond located at a site on N.C. Highway 216, Kings
Mountain, Cleveland County (See Part III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map into Kings
Creek which is classified Class C waters in the Broad River Basin.

81°22'30" 1890000 FEET (S.C.) 468000-+E. �� v ,o tic ,
/ 35° 15' 7F—
( �3r
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PA-Rr
3900000, N.
rcwtm
ty
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810000 FEET
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it
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N I� f`R9 I e /\ /
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A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO033570
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations
Lbs/dav
Units (specify)
Mon. Avg. Daily Max Mon. Avg. Daily Max.
Flow
Temperature
Total Residual Chlorine***
Lithiim
Acute Toxicity****
TSS 30.0 mg/1 100.0 mg/1
Monitoring Requirements
Measurement
Sample
*Samolq
Frequency
Type
Location
Weekly
Instantaneous
E
Weekly
Grab
E, U, D
Weekly
Grab
E
2/Month
Grab
E
Annually
Composite
E
2/Month
Grab
E
THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE TREATMENT SYSTEM EXCEPT AS PRE -APPROVED
ADDITIVES TO BIOCIDE COMPOUNDS (SEE PART 3, CONDITION E. OF THIS PERMIT).
* Sample Locations: E - Effluent, U - Upstream, D - Downstream
** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in
no case cause the ambient water temperature to exceed 32°C.
*** Monitoring requirements only apply if chlorine is added to the cooling water.
****Acute Toxicity (Fathead Minnow, P/F at 90%); Annually. See Part III, Condition F. of this permit.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO033570
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 002-STORMWATER RUNOFF. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations
Lbs/day Units(specify)
Mon. Avg. Daily Max Mon. Avg. Daily Max.
Flow
Settleable Solids
Turbidity**
Lithium
TSS
* Sample locations: E - Kings Creek Weir No. 3
30.0 mg/I
0.2 ml/I
100.0 mg/I
Monitoring Requirements
Measurement Sample
Frequency Tyne
Monthly Instantaneous
Monthly Grab
Monthly Grab
Monthly Grab
2/Month Grab
*Sample
Location
E
E
E
E
E
**The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural
background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water.
BMP Conditions
1. The permittee shall operate the facilities in a manner which will minimize the impact on the receiving waters.
2. The permittee shall utilize sound management practices to ensure that contaminants do not enter the surface waters as a result of blasting at
this site.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab
samples.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO033570 -
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 003-RAINWATER SUPERNATANT FROM TAILINGS POND. Such discharges shall be limited and monitored by_
the permittee as specified below:
Effluent Characteristics Discharge Limitations
Units(specify)
Mon. Avg. Daily Max Mon. Ava. Daily Max.
Flow
Settleable Solids
Turbidity**
Lithium
TSS
30.0 mg/I
0.2 ml/I
100.0 mg/I
Monitoring Requirements
Measurement Sample
Frequency Type
Monthly Instantaneous
Monthly Grab
Monthly Grab
Monthly Grab
2/Month Grab
*Sample
Location
E
E
E
E
E
* Sample locations: E - Effluent
**The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural
background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water.
BMP Conditions
1. The permittee shall operate the facilities in a manner which will minimize the impact on the receiving waters.
2. The permittee shall utilize sound management practices to ensure that contaminants do not enter the surface waters as a result of blasting at
this site.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab
samples.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

r• W"
Section B. Schedule of Compliance
The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless
specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of compliance; -
the permittee shall submit either a report of progress or, in the case of specific actions being
required by identified dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of noncompliance, any remedial actions taken, and the
probability of meeting the next sclieilule requirements.

Part II
Page 1 of 14
PART H
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of Environment, Health and
Natural Resources.
3. EMC
Used herein means the North Carolina Environmental Management Commission.
4. Actor "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33
USC 1251, et. seq.
5. 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 s°urn by the number of days the tests were
reported. This limitation is defined as "Annual Average" in Part I of the permit.

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6. 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.
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.

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7. 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.
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.
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.
8. Types of Samples
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.
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.
9. Calculation of Means
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).

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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.
10. Calendar Dav
A calendar day is defined as 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.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to
Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
SECTION B. GENERAL CONDITIONS
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.
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 C1ean.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 S25,000 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 airnount of any Class I penalty assessed not to exceed $25,OOU.

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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.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures"
(Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-
215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the 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 and, 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.

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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 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:
(I) 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, superinter..dent, 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.

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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."
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.

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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.
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 II, 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 faciii.ties, retention of untreated wastes or maintenance during normal

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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.
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 II, E. 6. (b) (B) of this
permit.
(4) The permittee complied with any remedial measures required under Part II, 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
:)lids, 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,
oi"navigable waters of the United Staics. The permittee shall comply with all existing federal

Part II
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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 DEM
Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability,
to prevent the discharge of untreated or inadequately treated wastes during electrical power
failures either by means of alternate power sources, standby generators or retention of
inadequately treated effluent.
SECTION D. MONITORING AND RECORDS
1. Representative 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 (DEM No. MR 1, 1.1, 2,
3) or alternative forms approved by the Director, DEM, 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 Environmental Management
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 or less than + 10% from the true disc'r,?.rge rates throughout the range of expected

Part II
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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.
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•TamMring
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 rzsults of such analyses.

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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, at reasonable times, any records that must be kept under the
conditions of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
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.

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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 pennittee 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 H.
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 II, 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.
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 no 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 followincr 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.
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 IL E. 5 and 6.
of this permit at the time monitoring reports are submitted. The reports shall contain the
information listed in Part II. E. 6. of this permit.

Part II
Page 14 of 14
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.
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 Environmental Management. 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.

PART III
OTHER REQUIREMENTS
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until
Final Plans and Specifications have been submitted to the Division of Environmental
Management and written approval and Authorization to Construct has been issued.
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the
compliance of this NPDES permitted facility -with the current groundwater standards.
C. Changes in Discharges of Toxic Substance
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.
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.
D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the
most environmentally sound alternative of the reasonably cost effective alternatives. If the
facility is in substantial non-compliance with the terms and conditions of the NPDES permit
or governing rules, regulations or laws, the permittee shall submit a report in such form and
detail as required by the Division evaluating these alternatives and a plan of action within
sixty (60) days of notification by the Division.

Part III Permit No. NC0033570
E. The Permittee shall obtain authorization from the Division of Environmental Management prior
to utilizing any biocide in the cooling water. The Permittee shall notify -the Director in writing not
later than ninety (90) days prior to instituting use of any additional biocide used in the treatment
system which may be toxic to aquatic life other than those previously reported to the Division of
Environmental Management. Such notification shall include completion of Biocide Worksheet
Form 101 and a map indicating the discharge point and receiving stream. Concentrations of
chromium, copper, or zinc added to biocides shall not exceed applicable water quality standards or
action levels in the receiving stream, as determined by calculations from the Biocide Worksheet
Form 101 with Supplemental Metals Analysis Worksheet.
F. ACUTE TOXICITY PASS/FAlL PERMIT LIMIT (QRTRLY)
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the
North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute
Toxicity In A Single Effluent Concentration." The monitoring shall be performed as a Fathead
Minnow (Pimephales promelas) 24 hour static test, using effluent collected as a 24 hour
composite. The effluent concentration at which there may be at no time significant acute mortality
is 90% (defined as treatment two in the North Carolina procedure document). Effluent samples for
self -monitoring purposes must be obtained during representative effluent discharge below all waste
treatment. The permittee will conduct one test annually, with the annual period beginning in
January of the calender year of the effective date of the permit. The annual test must be performed
and reported by June 30. If no discharge occurs by June 30, notification will be made to the
Division by this date. Toxicity testing will be performed on the next discharge event for the annual
test requirement.
All toxicity testing results required as part of this permit conditionvill be entered on the Effluent
Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter
code TGE6C. Additionally, DEM Form AT-2 (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 either these monitoring requirements 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.

G. Toxicity Reopener Condition
This permit shall be modified, or revoked and reissued to incorporate chemical -specific toxicant
monitoring and limit requirements in the event toxicity testing or other studies conducted on the
effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream
as a result of this discharge.

PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQLTlREMENTS
A. 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 21-1 .0105(b)(4) may cause this Division to initiate action to
revoke the permit

r
e
SOC Priority Project: Yes No X
If Yes, SOC No.:
To: Permits and Engineering Unit
Water Quality Section
Attention: Susan Robson
Date: July 30, 1993
NPDES STAFF REPORT AND RECOMMENDATION
County: Cleveland
Permit No. NCO033570
PART I - GENERAL INFORMATION
1. Facility and Address: Cyprus Foote Mineral Company
Kings Mountain Operations
Post Office Box 689
Kings Mountain, North Carolina 28086
2. Date of Investigation: July 29, 1993
3. Report Prepared by: Kim H. Colson, Environmental Engineer I
4. Persons Contacted and Telephone Number: S. K. Peeler, (704)
739-2501.
5. Directions to Site: From the intersection of Interstate 85
and NC Hwy 161 in southeast Cleveland County, proceed north on
NC Hwy 161 approximately 50 feet. Turn left onto the
Interstate service road. Cyprus Foote is located at the end
of the service road.
6. Discharge Point(s), List for all discharge points:
001:
Latitude: 35' 1257" Longitude: 81' 21` 15"
0 0 2 :
Latitude: 35' 12' 43" Longitude: 81' 21' 11"
003:
Latitude: 35' 12' 39" Longitude: 81' 20' 44"
Attach a USGS map extract and indicate treatment facility site
and discharge point on map.
U.S.G.S. Quad No.: G13NE
U.S.G.S. Quad Name: Kings Mountain, NC
7. Site size and expansion area consistent with application?
Yes.

Page Two
8. Topography (relationship to flood plain included): Natural.
topography is moderately sloping with .steep slopes due to
mining activities. The WWTP is not located within the 100
year flood.
9. Location of nearest dwelling: None within 500 feet.
10. Receiving stream or affected surface waters: Kings Creek
a. Classification: C
b. River Basin and Subbasin No.: Broad 030805
C. Describe receiving stream features and pertinent
downstream uses: Receiving stream is a small creek with
rocky/sandy bottom. General " C " classification uses
downstream.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of wastewater to be permitted: 001: 0.123 MGD
(ultimate design capacity); 002,003 - Dependent on
rainfall.
b. Current permitted capacity of the wastewater treatment
facility: 001 - 0.123 MGD
C.
Actual treatment capacity of the current facility
(current design capacity): 0.123 MGD
d.
Date(s) and construction activities allowed by previous
Authorizations to Construct issued in the previous two
years: N/A
e.
Please provide a description of existing or substantially
constructed wastewater treatment facilities: Existing
treatment consist of pH adjustment and filtration.
f.
Please provide a description of proposed wastewater
treatment facilities: N/A
g.
Possible toxic impacts to surface waters: N/A
h.
Pretreatment Program (POTWs only): N/A
�L. Residuals handling and utilization/disposal scheme:
a.
If residuals are being land applied, please specify DEM
Permit No.: N/A
Residuals Contractor: N/A
Telephone No.: N/A
b.
Residuals stabilization: PSRP PFRP Other
C.
Landfill: N/A

Page Three
d. Other disposal/utilization scheme (Specify): Tailings
are stored onsi.te and sold for use as sand.
3. Treatment plant classification (attach completed rating
sheet): Class I
4. SIC Code(s): 2819, 1479
Wastewater Code(s)
Primary: 73 Secondary: 42, 14, 16
Main Treatment Unit Code: 52006
PART III — OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant
Funds or are any public monies involved (municipals only)?
N/A
2. Special monitoring or limitations (including toxicity)
requests: N/A
3. Important SOC, JOC or Compliance Schedule dates (Please
indicate): N/A
4. Alternative Analysis Evaluation:
Spray Irrigation: N/A
Connection to Regional Sewer System: N/A
Subsurface: N/A
Other disposal options: N/A
5. Air quality and/or groundwater concerns or hazardous materials
utilized at this facility that may impact water quality, air
quality, or groundwater:q The facility currently holds Air
Quality Permit No. 2894R/. There are no known groundwater or
hazardous materials concerns.
6. Other Special Items: N/A
PART IV — EVALUATION AND RECOMMENDATIONS
The permittee, Cyprus Foote Mineral Company, has applied for
permit renewal and modification. The modification consist of
moving outfalls 001 and 002 to new locations. The facility is
currently operating a new chemical plant, which recycles all wet
processes. The old chemical plant, mineral plant (mill) and mining
operations have been ceased.

' Page Four
Outfall 001 was moved when the outfall line collapsed. The
company was unable to find the broken section and used an abandoned
above ground pipeline for the new outfall. The discharge for 001
consist of condensate from the production of anhydrous salts from
a lithium bromide solution, non -contact cooling water, and boiler
blowdown.
The permittee has also proposed to move outfall 002 which is
a weir located in Kings Creek at the property line, to a weir
located upstream approximately 2500 feet. The new location still
receives stormwater from the entire site and the outfall 001
discharge. This outfall also receives some offsite runoff from the
DOT rest area and stormwater discharges from the Martin Marietta
Quarry. This discharge consist of mainly stormwater and possibly
mine dewatering. The company- is not currently dewatering the mine,
but may in the future. The company has also filed a stormwater
permit application. The stormwater discharges flow into outfal.l
002. The company should be notified if both permits can be
combined into one.
Outfall 003 consists of a discharge of supernatant from the
old chemical plant tailings pond. The discharge is rainwater that
falls directly into the pond.
The company has requested that the effluent limitations for
oil and grease, copper, and iron be dropped from the permit.
Upon concurrence from the Technical Support Branch, i.t is
recommended that the permit be renewed and modified as requested by
the permittee, including the removal of the oil and grease, copper,
and iron effluent limits and relocation of the discharges for
outfall 001 and 002.
Signature of report prepares
Water Quality egional. Supervisor
Date

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- - � ---• •�� --• • ..�r�v..'�i i�.r� � �v�� Vr rHI.ILI I ICJ
Name of Plant:
Owner or Contact Person: S ,l4
Mailing Address: �ONU )(_ ��,��� rnrh,ni;Ai,J� (vL 2Ssc�rll
County: Telephone: C3-c:4l 4,�S- 2s o
NPDES Permit No. NC00.3 _L -o Nondisc. Per. No. —
IssueDate: S/ t /c� Z Expiration Date:_k 2 /b t-
Existing Facility v New Facility
Rated By: , >, /n,k P-0 Date:
Reviewed (Train. & Cert.) " Reg. Office
Reviewed (Train. & Cert.) Central Office
ORC _ RA,,<c_),j Grade
Plant Class: (circle one) II
III IV Total Points��
ITEM POINTS
(5) SECONDARY TREATMENT UNITS
(1) Industrial Pretreatment Units and/or
(a) Carbonaceous Stage
Industrial Pretreatment Program
(i)Aeration - High Purity Oxygen System .....
20
(see definition No. 33) 4
Diffused Air System ...........
10
(2) DESIGN FLOW OF PLANT IN GPD
Mechanical Air System (fixed,
(not applicable to non -contaminated cooling waters, sludge
floating or rotor) ..............
8
handling facilities for water purification plants, totally
Separate Sludge Reaeration .....
3
closed cycle systems (def. No. 11), and facilities
(ii) Trickling Filter
consisting only of Item (4) (d) or Items (4) (d) and (11) (d))
High Rae .................:.
7
0 - 20,000 .......................... 1
Standard Rate ...............
•5
20.001 -- 50,000.......................... 2
Packed Tower...............
5
50,001 -- 100,000.......................... 3
(Iii) Biological Aerated Filler or Aerated
100.001 -- 250.000 ...... (2-D,
250.001 -- 500,000
Biolooical Filter ......................
(iv) Aerated Lagoons
10
.......................... 5
500.001--1,000,000
..................... .
10
.......................... 8
1,000,001 -- 2,000.000
(v) Rotating Biological Contactors ..........
1 p
........................ 10
2,000,001 (and up) - rate 1 point additional for each
(v i) Sand Filters-
200,000 gpd capacity up to a
maximum of 30
intermittent biological ...
2recirculatin
Design Flow (gpd) : 1 - II :��L0
biological ..
9 9� .. .
3
_
(3) PRELIMINARY UNITS (see definition no. 32)
(vil) Stabilization Lagoons ...................
(a) Bar Screens ........
or
(viii)Clarifier ............................
(ix) Single stage system for combined
5
(b) Mechanical Screens, Static Screens or
carbonaceous removal of BOD and
Comminuting Devices ........... 2
nitrogenous removal by nitrification
(c) Grit Removal ............................... 1
(see def. No. 12) (Points for this item
or
have to be in addition to items (5) (a)
(d) Mechanical or Aerated Grit Removal ........... 2
(i) through (5) (a) (viii) .................
8
(e) Flow Measuring Device ....................... 1
(x) Nutrient additions to enhance SOD
or
(f) Instrumented Flow Measurement
removal .......................
(xi) Biological Culture ('Super Bugs') addition
5
.............. 2
(g) Preaeralion................................ 2
to enhance organic compound removal .....
5
(b) Nitrogenous Stage
(h) Influ nl Flow -Equalization ................... 2
GreaFe
(i) Aeration - High Purity Oxygen System ....
20
(i) or Oil Separators - GravityDiffused
. . . . . . 2
Air System ...........
10
Mechanical .......... 3
Mechanical Air System (fixed,
Dissolved Air Flotation. 8
floating, or rotor) ...... ......
8
0) Prechlorination ...................:.......... 5
Separate Sludge Reaeration .....
(il) Trickling Filler -.
3
(4) PRIMARY TREATMENT UNITS
High Rate ..............
7
(a) Septic Tank (see definition no. 43) .............. 2
Standard Rate ............
5
(b) Imhoff Tank .................................. 5
Packed Tower............
5
(c) Primary Clarifiers ............................ 5
(iii) Biological Aerated Filler or Aerated
(d) Settling Ponds or Settling Tanks for Inorganic
Biological Filler .........................
10
Non -toxic Materials (sludge handling facilities
(iv) Rotating Biological Contactors ............
10
for water purification plants, sand, gravel,
(v) Sand Filter -
stone, and other mining operations except
intermittent biological ........
2
recreational activities such as gem or gold
recirculating biological ........
3
mining) ...................................... 2
(vi) Clarifier. ......................... I.....
5

(5) r to I lnn-
(a) Activated Carbons Beds -
(10) CHEMICAL ADDITION SYSTEM (S) {See defir:.,-c:,+ i.o. 9)
v+nthout carbon regeneration ..:............... 5
(not applicable to chemical additions rated as item
with carbon regeneration is
(3) (j), (5) (a) (xi), (6) (a), (6) (b), (7) (b), (7) (e), .
....................
(b) Powdered or Granular Activated Carbon Feed -
5
(9) (a), (9) (b), or (9) (c) 5 points each: List:
aJ�aj�`1L'I`7
without carbon regeneration .................
5
5
with carbon regeneration .................... 15
5
(�) Air Stripping .............................. 5
. .
5
(d) Denitrification Process (separate process) ..... 10
(e) Eledrodialysis ............................. 5
(11) MISCELLANEOUS UNITS
(n Foam Separation .............................
(a) Holding Ponds, Holding Tanks or Settling Ponds
(9) Ion Exchange ................................ 5
for Organic or Toxic Materials including wastes
(h) Land Application of Treated Effluent
from mining operations containing nitrogen and/or
(see definition no. 22b) (not applicable for
phosphorous compounds in amounts significantly
sand, gravel, stone and other similar mining
greater than is common for domestic wastewater .......... 4
operations)
(b) Effluent Flow Equalization (not applicable to storage
(i) on agriculturally managed sites (See del.
basins which are inherent in land application systems). 2
No. 4)................................... 10
(c) Stage Discharge (not applicable to storage basins
(ii) by high rate infiltration on non -agriculturally
inherent in land application systems ....................................... 5
managed sites (includes rotary distributors
(d) Pumps ......... :..... _......... _„.___ _ _ _._._.„.„...........„.„..........._....... QL
and similar fixed nozzle systems) ........... 4
e Stand-8 Power Supply
() y .....�-�„-����„�'�'�„�„���������������������������-�������� 3
m b subsurface disposal includes low pressure
(I) Y P ( P
(f) Thermal Pollution Control Device ............................................. 3
pipe systems and gravity systems except at
plants consisting of septic lank and nitrifica-
i lion tines only) ............... .......... 4
TOTAL POINTS 1z
(i) Microscreens.................................. 5
(j) Phosphorus Remo,ral by Biological Processes
CLASSIFICATION
(See def. No. 26) ............................ 20
(k) Polishing Ponds - without aeration ....... 2
Class I ......................................... _.„........... 5 - 25 Points
with aeration .......... 5
Class II.......„...........„ .......................„_._„.. 26- 50 Points
(1) Post Aeration - cascade .............. 0
Class III....................................................... 51- 65 Points
diffused or mechanical ... 5
Class IV ...................................... 66- Up Points
(m) Reverse Osmosis ............................... 5
(n) ! Sand or Mixed -Media Filters - low rate ........... 2
Facilities having a rating of one through four points, inclusive,
I high rate .......... 5
do not require a certified operator. Classification of all other
(o) . Treatment processes for removal of metal or
facilities requires a comparable grade operator in responsible
cyanide .................................... 15
charge.
(p) Treatment processes for removal of toxic
materials other than metal or cyanide ......... 15
Facilities having an activated sludge process will be assigned
a minimum classification of Class II.
SLUDGETREATMENT
Facilities having treatment processes for the removal of metal
(a) Sludge Digestion Tank - Heated ...............
10 or cyanide will be assigned a minimum classification of Class 11.
Aerobic ...............
5
Unheated ...... .......
(b) Sludge Stabilization (chemical or thermal) .......
3 Facilities having treatment processes for the biological removal
5
(c) Sludge Drying Beds - Gravity .................
of phosphorus will be assigned a minimum classification of Class
2 III.
- Vacuum Assisted .......
5
(d) Sludge Elutrialion .............................
5 In -plant processes and related control equipment which are an
(e) Sludge Conditioner (chemical or thermal) ........
5 integral part of industrial production shall not be considered waste
(1) Sludge Thickener (gravity) .......................
5 treatment. Likewise, discharges of wastewater from residences
(g) Dissolved Air Flotation Unit
having a design flow of 1.000 gpd or less, shall not be subject to
(not applicable to a unit rates as (3) (i) .........
8 rating.
(h) Sludge Gas Utilization (including gas storage) ....
2
(i) Sludge Holding Tank - Aerated ................
5 ADDITIONAL COMMENTS:
Non -aerated ............
2
(j) Sludge Incinerator - (not including activated
carbon regeneration) .....
10
(k) Vacuum Filler, Centrifuge or Filter Press or other
similar dewalering devices ....................
10
(8) SLUDGE DISPOSAL (including incinerated ash)
(a) Lagoons ........................................
2
(b) Land Application (surface and subsurface)
(see definition 22a)
-vAere the facility holds the land app. permit ...
10. _
-by contracting to a land application operator who
holds the land application permit ................
2
-land application of sludge by a contractor who does
not hold the permit for the wastewater treatment
facility where the sludge is generated .........
10
(c) Landfilled (burial) .............................
5
(9) DISINFECTION
(a) Chlorination .............................
5
(b) Dechlorinatwn ........................
5
(c) Ozone ..............................
5
(d) Radiation ...........................
5

`State of North Carolina
•.Deportment of Environment, '��
IF
Heal; h and Natural Resources ��A14tree)
Division of Environmental Management
WL
Jaynes B. Hunt, Jr., Governor AgNbodlUMgdft
Jonathan B. Howes, Secretary a. c. DEFT. OF NAT H N
A. Preston Howard, Jr., P.E., Director RESOURCES A
apr,IMUNITY DEVEI_"'`'" "
Mr. S. K. Peeler, Plant Chemist
Cyprus Foote Mineral Company
Post Office Box 689
Kings Mountain, NC 28086
Dear Mr. Peeler .
JUL 1 5 1993 Q T _ _E _
s v i,' .i�j �
1ISISIUI� QF .'�.�' .>' s JUL 9 M V '
la
July 2, 1993 AT E� (l�t , aECi. l0id
� r'1Si-iEV9i_i� �,FGfCr'df1L �i=FfCE
Subject: NPDES Permit Application
NPDES Permit No.NC0033570
Cleveland
County
This is to acknowledge receipt of the following documents on June 21, 1993:
Application Form
Engineering Proposal (for proposed control facilities),
Request for permit renewal,
Application Processing Fee of $400.00,
Engineering Economics Alternatives Analysis,
Local Government Signoff,
Source Reduction and Recycling,
Interbasin Transfer,
Other ,
The items checked below are needed before review can begin:
Application Form ,
Engineering proposal (see attachment),
Application Processing Fee of
Delegation of Authority (see attached)
Biocide Sheet (see attached)
Engineering Economics Alternatives Analysis,
Local Government Signoff,
Source Reduction and Recycling,
Interbasin Transfer,
Other
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

1� }
If the application is not made complete within thirty (30) days, it will be
returned to you and may be resubmitted when complete.
This application has been assigned to Susan Robson
(919/733-5083) of our Permits Unit for review. You wiii be advised of any
comments recommendations, questions or other information necessary for the
review of the application.
I am, by copy of this letter, requesting that our Regional Office
Supervisor prepare a staff report and recommendations regarding.this
discharge. If you have any questions regarding this applications,
please contact the review person listed above.
Sincerely,
Coleen H. Sullins, P.E.
CC: Asheville Regional Office

Cyprus Foote Mineral Company
Kings Mountain Operations
P.O. Box 689
739-01
CU
C"RUS Kings Mountain, North Carolina 28086
ROOte Mieeral FAX)
734-0208
18 June 1993
Permits and Engineering Unit
Division of Environmental Management
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Sir:
Enclosed is a check in the amount of $400 and an application
for renewal of NPDES Permit NCO033570 held by Cyprus Foote Mineral
Company, Cleveland County. We propose the following modifications
to this permit:
Pipe 001
1. Eliminate monitoring requirements for oil and grease,
copper, and iron.
2. The pipe transporting this discharge to Kings Creek-
collapsed and was replaced in early May, 1993. The discharge now
enters the north branch of Kings Creek above, instead of below, the
No. 3 weir. The location of the new discharge point is shown on the enclosed map.
Pipe 002
I. Mine and flotation plant processes have been suspended and,
as a result, the recycling wastewater system is no longer in
operation. There are no plans to put any additional process water
or mineral solids into the 50 acre tailings pond nor will there be
any overflow from the tailings pond to South Creek Reservoir.
However, there will continue to be intermittent discharges from the
reservoir to Kings Creek during wet weather.
2. We recommend that Pipe 002 (which is now located at the No.
7 weir, the point at which Kings Creek leaves our property) be
relocated to the No. 3 weir, which is located upstream and on the
west side of Interstate 85. We believe this request is justified
since the -No. 7 weir can contain runoff from Interstate 85, the DOT
Rest Area located adjacent to the southbound lanes of Interstate
85., and the commercial establishments located on the east side of
the Interstate. Cyprus Foote Mineral should not be responsible for
the water quality of Kings Creek at the No. 7 weir when it contains
FOOTS
LITHIUM

18 June 1993
surface waters originating from these areas. Since the water
exiting the No. 3 weir is composed of the intake from the north
branch of Kings Creek and the discharges from the South Creek
Reservoir and Pipe 001, monitoring Kings Creek at this point will
provide a more accurate assessment of what impact Cyprus Foote has
on the stream. The proposed location for Pipe 002 has also been
marked on the map enclosed.
3. Hydrofluoric acid was last used in our mineral plant
processes during the early 1970s. Monitoring requirements for
fluoride should be deleted since data for the last several years
show that there are now only background concentrations of fluoride
in the discharge.
4. Drainage from the DOT Rest Area located adjacent to the
southbound lanes of Interstate 85 not only enters Kings Creek, but
enters our South Creek Reservoir as well. Overflows from the
reservoir report at the No. 3 weir and will have an effect on the
water quality of Kings Creek downstream of this weir. We request
that the impact of the surface water entering our reservoir from
the Rest Area be evaluated by the DEHNR or the Department of
Transportation when the discharge permit is renewed for the Rest
Area facility.
Pi oe 003
There are no permit modifications recommended for Pipe 003.
Please advise if you need any further information concerning
the changes requested above.
Sincerely,
CYPRUS FOOTE MINERAL COMPANY
S. K. Peeler
Plant Chemist
Enclosures

NORTH CAROLINA.DEPT.-OF,-NATURAL RESOURCES; AND COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O.. BOX 27687, RALEIGH,.NC-27611
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION NUriDER
APPLICATION FOR PERMIT TO DISCHARGE'—:. SHORTFORM C FORA d®. o
AGENCY 3 S
USE DATE RECEIVED
To -be filed only by persons engaged in manufacturing and wining Q 1 Far
YEAR. f0. DAY
Go not attempt to caesplete this form.`before reading 4ccompipyinp.instructions i�0 O'Di5
L:
Please' print' or:type -_ fir =`
1. flame. address, location, and telephone number of=faciIity:prod ucing dischar e
A. Nair
. B. Nailing address
1: Street' address.
2. City 3. State IJ C1
4. County C1.�11$1..��'� . .._ 5. ZIP %$9
C. location: A ;
1. Street • � bL :L M 14 Q
2. City �C? S M�Vi d.�`�� t 1V 3_ . County
4. State
D. Telephone No.
Area.
Code.. _
2. SIC
(Leave blank) -
3.-Humber of employees..._ -43 ;...n., _.. •,,.
If all your waste is dischaeged. into b' pub Iicly'owned' "waste Area tment'facil•ity
and to the best of your knowledge you are not °required '.to obW6, a discharge
permit, proceed to item 4.-Otherwise proceed directly -to item:5.'
4.'If you -meet the condition.stated abovesupply the information
asked for below. After completing these items" pjeasr Completejhf,-.ate,-title.
" and-sfgnature--blocks below - and-return•-this-storm=to thaprope�.:ievi, ing office
without completing the
A. Name of organization"responsible''for, receivin9'wes"te:' '=
B. Facility receiving waste:
1. Name .`
2. Street address.
3. City 4. County
/ S.-State 6. ZIP
�. 6 Principal product. O'raw material (Check one) -t%l��V C�l$1U��C#�tS
1i. Principal processU.-MWj�t:.��►1: � `.:�i�_1,.� �7;5`�I�iS
7, Nazimum amount of principal product produced,. mater.41.,consumed .per (Check one)
Basis
'Amount, ,
1-99
(1)
100-199
(2).
200-499.
(3) ..
500-999
(�)
1000-,
4999
M .
$ODD-
9999
(6)
10.000-°
49.999
(7)
50.D00
or more
(8)
A. pay
B. Month

NORTH CAROLINA.DEPT.- OF, .NATURAL RESOURCES. AND COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O. BOX 27687, RALEIGH,,NC-27611
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION NUHE►ER
APPLICATION FOR PERMIT TO DISCHARGE —.-SHORT FORM C FOR
AGENCY
USE DATE RECEIVED
To -be filed only by persons engaged in imnu,facturing and wining
YEAR. 10.. DAY
Do not attempt to complete this form before reading accompanying instructions
Please• print oraypeo _•
I. Bane. address, location', and telephone number -of -facility producing dischar e
A. Name
S. hailing address w
1. Street address• •� ���
2. City 3. State
&J • C—r
4. County S. ZIP
C. Location:
1. Street 3'rg. �b.-��
2.. City �11`1�' S' MbV� Q.i C'i�1111 3. County e. LTV �L N�
4. -State - A1,�,�:_
D. Ielephone N
Area
_... Code
2. SIC Ti
(Leave blank) -
3: Number of emiployees. 43. _-...:_;..__......,;.
If all your waste is discharged into b'publitly'owneC'iraste'treatment facility
and to the best'of your knowledge you are not required to obtain a discharge `
permit, proceed to item 4. Otherwise proceed directly, to. item.$.•
4.-If youu-reet the condition 'stated above, check here G and supply the information ..
asked for below. After completing these itemk; .p-i"ie'_Comp-bete_ he;�.date, -title.
�.:
-" and 'signature blocks below and -return -this form'-to-"th'e•�propeF. re-v1hwing office - • -
without completing the •rem&inder,.of:the form.;- ,
A. Name of organ ization '`tsponsible for receiving haste `
8. Facility receiving waste: '
1. Name
2. Street address
3. City 4. County
S. State 6. ZJP,..:;:
�. 61// rincipat product. O raw material (Check one)-
1i. Principal. process_Lrm%."r 0011,
7, Maximum amount of principal product producedor-raw moterial•consumed per (Check one)
Basis
Amount:
1-99
(1)
100-199
(2):..
.200499.
(3) ,.
500-99R
(4)
1000i.
4999
(5)
5000-
9999
(6)
10,000-'
49.999
(7)
50.000
or more
(8)
A. Dar
B. Month

UNITED STATES
DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY
2'3X 1890000 FEET (S.C.) 4680001 E. I �a mi To N C 2m 201 '70 BESSEMER CITY 5 A4,
r
G if a k S -age
/F
osp
Ch er
P r ST y SO
y
": 1'Lib --- 1.wT, I r idn
BMA ry rAIN oun%
G MO IN Res it Q
S r
9
%42
W
w 'InhJP0
tri
J
17 '900
L Q1
% 0
U)
V
001 New LocatiJ c on
t k
0 F
Proposed
Jill
t .7
,003 Current Location
V
0
C)
Ulf
V 806
4j

PRIORITY POLLUTANT ANALYSES
(Ref: 40 CFR, Part 122.21)
Pipe 001
Parameter
BODE, mg/l
9.4
COD, mg/1
37
TOC, mg/l
16
TSS, mg/1
21
Ammonia (as N), mg/l
< 1
Temp., deg C
25
pH
6.6
18 June 1993
Proposed
Pipe 002 Pipe 003
2.9
17
ND
75
3.6
23
2
62
< 1
< 1
23
25
7.8
7.9
Note: TSS, ammonia nitrogen, temperature and pH determined by
plant laboratory. Other values determined by Pace
Incorporated, Huntersville, N. C.

pacee REPORT OF LABORATORY ANALYSIS
THE ASSURANCE OF QUALITY
Cyprus Foote Mineral June 15, 1993
P.O. Box 689 PACE Project Number: 630608507
Kings Mountain, NC 28086
Attn: Mr. S.K. Peeler
Client Reference: Inorganic Analyses
PACE Sample Number: 92 0043715
Date Collected: 06/07/93
Date Received: 06/08/93
Pipe 001.
Parameter Units MDL DATE ANALYZED
INORGANIC ANALYSIS
INDIVIDUAL PARAMETERS
Biochemical Oxygen Demand, 05 Day
mg/L
2.0
9.4
06/08/93
Chemical Oxygen Demand
mg/L
10
37
06/10/93
Total Organic Carbon
mg/L
0.50
16
06/09/93
PACE Sample Number:
92 0043723
Date Collected:
06/07/93
Date Received:
06/08/93
Client Sample ID:
Pipe 002
Parameter
Units
MDL
Proposed
DATE ANALYZED
INORGANIC ANALYSIS
INDIVIDUAL PARAMETERS
Biochemical Oxygen Demand, 05 Day mg/L 2.0 2.9 06/08/93
Chemical Oxygen Demand mg/L 10 ND 06/10/93
Total Organic Carbon mg/L 0.50 3.6 06/09/93
9800 Kincey Avenue, Suite 100 An Equal Opportunity Employer
Huntersville, NC 28078
TEL: [phone]
FAX: [phone]

pacee
REPORT OF LABORATORY ANALYSIS
THE ASSURANCE OF OUALITY
Mr. S.K. Peeler June'15, 1993
Page 2 PACE Project Number: 630608507
Client Reference: Inorganic Analyses
PACE Sample Number: 92 0043731
Date Collected: 06/07/93
Date Received: 06/08/93
Client Sample ID: Pipe 003
Parameter Units MDL DATE ANALYZED
INORGANIC ANALYSIS
INDIVIDUAL PARAMETERS
Biochemical Oxygen Demand,.05 Day mg/L 2.0 17 06/08/93
Chemical Oxygen Demand mg/L 10 75 06/10/93
Total Organic Carbon mg/L 0.50 23 06/09/93
These data have been reviewed and are approved for release.
�41
7
Charles M. Cabaniss
Manager, Inorganic Chemistry
9800 Kincey Avenue, Suite 100 An Equal Opportunity.Employer
Huntersville, NC 28078
TEL:[phone]
FAX: [phone]

ace
• I N C O R P O R A T E D® REPORT OF LABORATORY ANALYSIS
THE ASSURANCE OF QUALITY
Mr. S.K. Peeler FOOTNOTES June 15, 1993
Page 3 for pages 1 through 2 PACE Project Number: 630608507
Client Reference: Inorganic Analyses
MDL Method Detection Limit
ND Not detected at or above the MDL.
9800 Kinsey Avenue, Suite 100 An Equal Opportunity Employer
Huntersville, NC 28078
TEL: [phone]
FAX: [phone]

aceo-'.. _'REPORT. OF
I N C O R P O fl A T E D
THE ASSURANCE OF OUALITY - -
s M
Mr. S.K.'Peeler QUALITY CONTROL DATA
Page 4
Client Reference: Inorganic Analyses
Biochemical Oxygen Demand, 05 Day
Batch: 92 20308
Samples: 92 0043715, 92 0043723, 92 0043731
METHOD BLANK AND SAMPLE DUPLICATE:
Parameter Units
Bioc Fmical Oxygen Demand, 05 Day mg/L
LABORATORY CONTROL SAMPLE:
Parameter Units
Biochemical Oxygen Demand, 05 Day mg/L
June A, 1993
PACE Project Number: 630608507
Duplicate
Method of
MDL Blank 920043308 92 0043308 RPD
2.0 ND 140000 150000 7%
Reference
MDL Value Recv
2;0 200 98%
9800 Kincey Avenue, Suite 100 An Equal Opportunity Employer
Huntersville, NC 28078
TEL: [phone]
FAX: [phone]

I N C O R P O R A T E D
aces
THE ASSURANCE OF QUALITY
REPORT OF LABORATORY ANALYSIS
Mr. S.K. Peeler QUALITY CONTROL DATA
Page 5
Client Reference: Inorganic Analyses
Chemical Oxygen Demand
Batch: 92 20259
Samples: 92 0043715, 92 0043723, 92 0043731
METHOD BLANK AND SAMPLE DUPLICATE:
June 15, 1993
PACE Project Number: 630608507
Duplicate
Method
of
Parameter
Chemica Oxygen Demand:
Units
mg/L
MDL
10
Blank 920037863
ND 1500
92 0037863 RPD
1600 6%
SPIKE:
Parameter
Units
MDL
920037863 Spike
Spike
Recv
C emica Oxygen Demand
mg/L
10
1500 . 2500
100%
LABORATORY CONTROL SAMPLE:
Reference
Parameter Units MDL Value Recv
Chemical Oxygen Demand mg/L 10 1000 108%
9800 Kineey Avenue, Suite 100 An Equal Opportunity Employer
Huntersville, NC 28078
TEL: 70"75.9092
FAX: [phone]

r Pace
C U H F E H A T E U® THE ASSURANCE OF DUALITY REPORT OF LABORATORY ANALYSIS
Mr. S.K. Peeler FOOTNOTES June 15, 1993
Page 6 for pages 4 through 5 PACE Project Number: 630608507
Client Reference: Inorganic Analyses
MDL Method Detection Limit
ND Not detected at or above the MDL.
RPD Relative Percent Difference
9800 Kincey Avenue, Suite 100 An Equal Opportunity Employer
Huntersville, NC 28078
TEL: [phone]
FAX: [phone]

6 s 1-7-0, aces
I N
THE ASSURANCE or GMALITY CHAIN -OF -CUSTODY RECORD
: Analytical Request
Client e����1 �t �\ ��� L t� E Lt��— Pace Client No.
Report To:
Address
ffC•� `� C` 1 C, Bill To: C�� �\ �`N� �`1 �Pace Project Manager
7Z2 a P.O. #/ Billing Reference (6— ( Pa 3. OW '
Phone C� �� 3 — Z t' Project -Name / No. 'Requested Due Date
UJ
Sampled \By (P�: M PRESERVATIVES ANALYSES
z
w REQUEST
Sampler -Sig ture Date Sampled o > J
w co
O a O ¢
• o z z
• z _ _ ° - REMARKS
:.
_4 r T 3
_ : 77—
1;
- - -- d - - — -- ---- - - -- - --
r -
8
COOLER BAILERS
.. Km
pos. L OUTIDATE RETURNED I DATE RELINQUISHED BY AFFILIATION ACCEPTED BY AFFILIATION
Additional Comments •
N
T
3 SEE REVERSE SIDE FOR INSTRUCTIONS

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
January 19, 1999
Mr. Ralph Hawk
Chemetall Foote Corporation
348 Holiday Inn Drive
Kings Mountain, North Carolina 28086
mom
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND .NATURAL RESOURCES
Subject: NPDES Permit Modification - Name Change
Chemetall Foote Corporation
Permit NCO033570
(formerly Cyprus Foote Mineral Company)
Cleveland County
Dear Mr. Hawk:
In accordance with your request received December 28, 1998, the Division is forwarding the subject
permit modification. This permit modification changes the name of the permitted facility. All other terms and
conditions in the original permit remain unchanged and in full effect. This permit modification is issued under
the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between
North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit modification
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 a written petition conforming to Chapter 150B of the
North Carolina General Statutes, 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.
This permit does not affect the legal requirement to obtain other permits which may be required by the
Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or
Local government permit that may be required. If you have any questions concerning this permit modification,
please contact Charles Weaver at the telephone number or address listed below.
Sincerely,
Original Signed By
David A Goodrich
A. Preston Howard, Jr., P.E.
cc: Central Files
`— �� Quality MooSection �resv,lle }Regional Officetr'W_ater
ON
NPDES Unit
Point Source Compliance Enforcement Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719
An Equal Opportunity Affirmative Action Employer [e-mail]

Permit NCO033570
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the 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,
Chemetall Foote Corporation
is hereby authorized to discharge wastewater from a facility located at
Chemetall Foote Corporation
348 Holiday Inn Drive
Kings Mountain
Cleveland County
to receiving waters designated as Kings Creek in the Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective January 19, 1999.
This permit and authorization to discharge shall expire at midnight on August 31, 2003.
Signed this day January 19, 1999.
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 NC0033570
SUPPLEMENT TO PERMIT COVER SHEET
Chemetall Foote Corporation is hereby authorized to:
1. Continue to discharge condensate, non -contact cooling water and boiler blowdown
from outfall 001. The facility is located at Chemetall Foote Corporation at 348
Holiday Inn Drive, Kings Mountain, in Cleveland County.
2. Discharge from said treatment works at the location specified on the attached map
into Kings Creek, classified C waters in the Broad River Basin.

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality (�
James B. Hunt, Jr., Governor vl
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Ralph Hawk
Cyprus Foote Mineral Company
348 Holiday Inn Drive
Kings Mountain, N.C. 28086
Dear Mr. Hawk:
N hnii; Cac
�,i o'v'Ei`fi")i•'.r1,L zc <';i3lJ1:L:.'S
• • DEC 7 1998
A& 2
NCDENR
November 23, 1998
Subject:
NPDES Permit Issuance .
Permit No. NC0033570
Cleveland County
In accordance with the application for a discharge permit received on June 30, 1998, the Division
is forwarding herewith the subject state - 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 U.S. Environmental Protection Agency dated December 6, 1983.
Please be aware of the following changes in this NPDES permit renewal:
• Outfall 002 was removed from the permit.
• The permit expiration date was changed to August 31, 2003.
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 a demand is made, this
permit shall be final and binding.
Please take notice that this permit is not transferable. Part II, EA. 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 permits may be required.
If you have any questions or need additional information, please contact Mr. Tom Belnick,
telephone number [phone], extension 543.
Sincerely,
Original Signed By
David A. Goodrich
A. Preston Howard, Jr., P.E.
cc: Central Files
NPDES Unit, Permit File
A uatic 'coo y Unit
Asheviilili'©nal Wface W1aer • uali ,
Point Source Compliance/Enforcement Unit
U.S.EPA, Roosevelt Childress
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

s
Permit No. NCO033570
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the 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,
Cyprus Foote Mineral Company
is hereby authorized to discharge wastewater from a facility located at
Cyprus Foote Mineral Company
348 Holiday Inn Drive
Kings Mountain, North Carolina
Cleveland County
to receiving waters designated as Kings Creek in the Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III, and IV hereof.
This permit shall become effective January 1, 1999.
This permit and authorization to discharge shall expire at midnight on August 31, 2003.
Signed this day November 23, 1998.
Original Signed By
®avid A Goodrich
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit No. NCO033570
SUPPLEMENT TO PERMIT COVER SHEET
: Cyprus Foote Mineral Company
is hereby authorized to:
1.: Continue to discharge condensate, non -contact cooling water, and boiler blowdown
from Outfall 001, at a facility located at Cyprus Foote Mineral Company, 348 Holiday
Inn Drive, Kings Mountain, Cleveland County (See Part IIIA of this permit), and
2. Discharge wastewater from said treatment works at the location specified on the
attached map into Kings Creek, which is classified C waters in the Broad River Basin.

• A
t
PA
'Diell'
ntral
k
S
IDG
Y_ hiCh em
ion
0 U AIN
[is
Rest
mory
T
IN
0
0
Ch
=� �� ��
00
.� � ;� � •� Sly �� 9-�� G
Latitude: 351243
Longitude: 812111
USGS Quad#: G13NE N
River Basin #: 030805
Receiving Stream: Kings Creek
Stream Class: C
Cyprus Foote Mineral
NC 0033570
Cleveland County

A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
Permit No. NC0033570
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall serial number
001. Such discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT CHARACTERISTICS
77
LIMITS
MONITORING REQUIREMENTS 4
ti
Monthly r
Weekly >r w
x
Daily
Measu�ementE
Sam le' `
p
Sam le
A Y
Average ., .,
verage
M m`
aximu
Freq ncy ` .
ue
Type
Locations .
Flow
Weekly
Instantaneous
E
Total Suspended Residue
30.0 mg/I
100.0 mg/I
2/Month
Grab
E
Lithium
2/Month
Grab
E
Total Residual Chlorine2
2/Week
Grab
E
Temperature3
Weekly
Grab
E, U, D
pH
Weekly
Grab
E
Acute Toxicity5
Annually
Grab
E
Notes
1 Sample locations: E - Effluent, U — Upstream, D-Downstream
2 Monitoring requirements apply only if chlorine is added to the treatment system.
3 The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case 1
cause the ambient water temperature to exceed 32°C.
4 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
5 Acute Toxicity, Fathead Minnow, P/F at 90% ; see Special Condition A(2).
There shall be NO CHROMIUM, ZINC, or COPPER added to the treatment system except as pre -approved additives to biocide compounds; see Special
Condition A (3).
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit No. NCO033570
SUPPLEMENT TO EFFLUENT LIMITATIONS
AND MONITORING REQUIREMENTS
SPECIAL CONDITIONS
A (2). ACUTE TOUCITYPASS/FAIL MONITORING (ANNUAL)
The permittee shall conduct annual toxicity tests using protocols defined in the North Carolina
Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A
Single Effluent Concentration" (Revised -July, 1992 or subsequent versions). The monitoring
shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test. The effluent
concentration defined as treatment two in the procedure document will be 90%. Effluent grab
samples for self -monitoring purposes must be obtained below all waste treatment. The permittee
will conduct one test annually, with the annual period beginning in January of the calendar year
of the effective date of the permit. The annual test requirement must be performed and reported
by June 30. If no discharge occurs by June 30, notification will be made to the Division by this
date. Toxicity testing will be performed on the next discharge event for the annual test
requirement.
The parameter code for this test is TGE6C. All toxicity testing results required as part of this
permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which
it was performed, using the appropriate parameter code. 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 Rd.
Raleigh, N.C. 27607
Test data shall be complete and accurate and include all supporting chemical/physical measurements perform
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 test data from either these monitoring requirements 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.
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 follow-up testing to be completed no later than the last day of the month following
the month of the initial monitoring.
A (3). BIOCIDE CONDITION
1. The permittee shall obtain .authorization from the Division prior to use of any
biocidal additive in the discharge.

2. The Permittee shall notify the Director in writing at least 90 days prior to the use
of any additonal biocidal additive in the discharge which may be toxic to aquatic
life. Notification shall include completion of Biocide Worksheet Form 101 for
each additive to be used, copies of MSDS sheet(s) for the additive(s) and a map
indicating the discharge point(s) and receiving stream(s).
3. Concentrations of chromium, copper or zinc added to biocides shall not exceed
applicable water quality standards or action levels in the receiving stream, as
determined by calculations from Biocide Worksheet Form 101 with the
Supplementals Analysis Worksheet.

PART I
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance
with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless
specified below.
2. Permittee shall at all times provide the operation and maintenance necessary_ to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of compliance,
the permittee shall submit either a report of progress or, in the case of specific actions being
required by identified dates, a written notice of compliance or noncompliance. In the latter case,
the notice shall include the cause of noncompliance, any remedial actions taken, and the
probability of meeting the next schedule requirements.

Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Water Quality.
2. DEM or "the Division"
Means the Division of Water Quality, Department of Environment, Health and Natural Resources.
3. EMC
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 UK
1251, et. seq.
5. 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.

Part II
Page 2 of 14
6. 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 l 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 II
Page 3 of 14
7. 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.
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.
8. Types of Samples
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.
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.
9. 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.

Part II
Page 4 of 14
10. Calendar Day -
A calendar day is defined as 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.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section
311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
SECTION B. GENERAL CONDITIONS
1. DuIy 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 requirem-ent.
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
US.C.1319 and 40 CFR 122A1 (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 1 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 11 penalty not to exceed $125,M).

Part H
Page 5 of 14
2. Duly 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.
3. Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part II, C4) and "Power Failures" (Part ll,
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. Dui 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.

Part I1
Page 6 of 14
10. EKRiration of Permit
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit such
information, forms, and fees as are required by the agency authorized to issue permits no later than
180 days prior to the expiration date. 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. Sii^Qry RCuirements
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:
1 certify, under penalty of law; that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."

Part II
Page 7 of 14
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. IThe 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. 1 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 1
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 OVeration 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 II
Page 8 of 14
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 II, 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
(0 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 II
Page 9 of 14
k
5. URsets
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 II, E. 6. (b) (B) of this permit.
(4) The permittee complied with any remedial measures required under Part I1, 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 DEM Regulation,
Title 15A, North Carolina _Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the
discharge of untreated or inadequately treated wastes during electrical power failures either by
means of alternate power sources, standby generators or retention cif inadequately treated effluent.

Part H
Page 10 of 14
I
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
wastestrearn, 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 (DEM No. MR 1, 1.1, 2, 3) or
alternative forms approved by the Director, DEM, 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.
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

Part II
Page 11 of 14
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, at reasonable times, any records that must be kept under the conditions
of this permit,
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location.

Part II
Page 12 of 14
M
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.
S. 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 11. 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 II, 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 II
Page 13 of 14
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 bereported 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 II. E. 5 and 6. of
this permit at the time monitoring reports are submitted. The reports shall contain the information
listed in Part II. E. 6. of this permit.
S. ' 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 II
Page 14 of 14
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.

PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of Water Quality and written approval
and Authorization to Construct has been issued.
B. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct
groundwater monitoring as may be required to determine the compliance of this NPDES permitted
facility with the current groundwater standards.
C. 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.
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.
D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most
environmentally sound alternative of the reasonably cost effective alternatives. if the facility is in
substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,
regulations or laws, the permittee shall submit a report in such form and detail as required by the
Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the
Division.

PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
A. 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.
500 copies of this public document were printed at a cost of $135.50 or $.27 per copy.

State of North Carolina
Department of Environment
cmd Natural Resources
:division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
D.L. Moskal
Cyprus Foote Mineral Company
P.O. Box 689
Dings Mountain, NC 28086
Oear Permittee:
NC PENR
May 11, 1998
Subject: Renewal of NPDES Permit No. NCO033570
Cyprus Foote Mineral Company
Cleveland County
Phe subject permit expires on December 31, 1998. North Carolina General Stature 143.215.1(c) requires that an
application for permit renewal be filed at least 180 days prior to the expiration date.
To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than July 4,
1998. Failure to request renewal by July 4, 1998 will result in a civil assessment of at least $250.00. Larger
penalties may be assessed depending upon the delinquency of the request.
f any wastewater discharge will occur after December 31, 1998 (or if continuation of the permit is desired), the
hermit must not be allowed to expire. Operation of waste treatment works or continuation of a discharge after
December 31, 1998 would violate NCGS 143-215.1 and could result in assessment of civil penalties of up to
10,000 per day.
all wastewater discharge has ceased at the subject facility and you wish to rescind this permit, contact Robert
Farmer of the Division's Compliance Enforcement Unit at [phone], extension 531. You may also contact
the Mooresville Regional Office at [phone] to begin the rescission process.
Use the enclosed checklist to complete your renewal package. The checklist identifies the items which you must
submit when applying for renewal of the subject permit.
Tf you have any questions, please contact me. My telephone number, fax number and e-mail address are listed
)elow.
_;incerely,
4
n VW671
``harles H. Weaver, Jr. -
NPDES Unit
�• Central Files
!1Gl6or- sville-Regional-Office, Water -Quality -Section '
P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719
An Equal Opportunity Affirmative Action Employer [e-mail]

NC DENR / DWQ / NPDES
Permit Renewal Applications
Renewal Package Checklist
NPDES Permit No. NC0033570
Cyprus Foote Mineral Company
Cleveland County
The following items are REQUIRED for all renewal packages:
F-1
A cover letter requesting the renewal and documenting any changes at the facility
since issuance of the last permit. Submit one signed original and two copies.
F-1
The completed application form (copy attached), signed by the permittee or an
Authorized Representative. Submit one signed original and two copies.
❑ If an Authorized Representative is preparing the renewal package, documentation
must be provided from the permittee defining the person or company preparing the
renewal package as an Authorized Representative (see Part II.B.ILb. of the NPDES
permit).
❑ A renewal fee of $250 in accordance with 15A NCAC 2H .0105(b). The fee is based
on wastewater flow from the Cyprus Foote Mineral Company discharge. Make
checks payable to NC DENR. See the note below concerning fee amounts.
❑ A narrative description of the sludge management plan at the subject facility. If
your facility has no sludge management plan, explain the reason for this in your
cover letter. Submit one original and two copies.
The following requirement does NOT apply to municipal or non -industrial facilities.
The following item applies to Industrial facilities only:
❑ Industrial facilities classified as Primary Industries (listed in Appendix A of Title 40 of
the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis
in accordance with 40 CFR Part 122.21.
Send the completed renewal package and appropriate fee to:
Mr. Charles H. Weaver, Jr.
NC DENR / DWQ / NPDES
P.O. Box 29535
Raleigh, North Carolina 27626-0535
For renewal packages postmarked on or prior to July 4, 1998, submit a fee of $250.
For renewal packages postmarked AFTER July 4, 1998, submit a fee of $400.

State of North Carolina
Department of Environment,
�v! Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
A LT.W
IT
4
IDEHNR
I3E-'T` KN-gy-Ys 3, 1994
D. L. Moskal 1oz1Sw1�NT SOu1Z�E
Cyprus Foote Minderal QoV WIT
UAL
P. O. box 689 &
Kings Mountain, NC 28086
,ubect:
oEa�jAL tIWA,1GE1c?j
a»asanta �F�s�a� E REsaoaa�` b;Eaca'm
�100R
Dear Mr. Moskal:
NPDES No. NCO033570
Cyprus Foote Mineral Co.
Toxicity Monitoring Correction
Cleveland County
The Division has reviewed the subject permit and found a descrepancy in the Special
Conditions page for toxicity monitoring. In that condition, it originally stated a quarterly and
annual monitoring schedule, and only annual monitoring is required. Enclosed please find the
modified permit pages. These pages should be inserted into your permit and the old ones
discarded. This permit is issued pursuant to the requirements of North Carolina General Statute
143-215.1 and the . Memorandum of Agreement between North Carolina and the U. S.
Environmental Protection Agency dated December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this
permit modification 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 that this permit is not transferable. Part II, EA. addresses the
requirements to be followed in case of change in ownership or control of this discharge. This
permit does not affect the legal requirement to obtain other permits which may be required by
the Division of Environmental Management 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 Susan Robson
at telephone number 919/733-5083.
cc: Mr. Jim Patrick, EPA
oor M e - elfflon • ffia
Compliance -Jeanne Phillips, ISB
Central Files
Kim Brantley
Aquatic Toxicology Unit
�cer�ly,`rd
?11-1,A. Preston Howard, Jr., P.E.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Part III Permit No. NC0033570
E. The Pemuttee shall obiain authorization from the Division of Environmental Management prior
to utilizing any biocide in the cooling water. The Permittee shall notify the Director in writing not
later than ninety (90) days prior to instituting use of any additional biocide used in the treatment
system which may be toxic to aquatic life other than those previously reported to the Division of
Environmental Management. Such notification shall include completion of Biocide Worksheet
Form 101 and a map indicating the discharge point and receiving stream. Concentrations of
chromium, copper, or zinc added to biocides shall not exceed applicable water quality standards or
action levels in the receiving stream, as determined by calculations from the Biocide Worksheet
Form 101 with Supplemental Metals Analysis Worksheet.
F. ACUTE,TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY)
The permittee shall conduct acute toxicity tests on an annual basis using protocols defined in the
North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute
Toxicity In A Single Effluent Concentration. The monitoring shall be performed as a Fathead
Minnow (Pimephales promelas) 24 hour static test, using effluent collected as a grab sample. The
effluent concentration at which there may be at no time significant acute mortality is 90% (defined
as treatment two in the North Carolina procedure document). Effluent samples for self -monitoring
purposes must be obtained during representative effluent discharge below all waste treatment. The
permittee will conduct one test annually, with the annual period beginning in January of the
calender year of the effective date of the permit. The annual test must be performed and reported
by June 30. If no discharge occurs by June 30, notification will be made to the Division by this
date. Toxicity testing will be performed on the next discharge event for the annual test
requirement.
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 TGE6C. Additionally, DEM Form AT-2 (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 either these monitoring requirements 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.
G. Toxicity Reopener Condition

This permit shall be modified, or revoked and reissued to incorporate chemical -specific, toxicant
monitoring and limit requirements in the event toxicity testing or other studies conducted on the
effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream
as a result of this discharge.

State of North Carolina
Department of. Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Ir .
T4 -
� . !;WA
A**
00 '1
I DEHNFi
April 15, 1994
Peeler o
Cyprus Foote Mineral �AtiGtis
P. O. Box 689
Kings Mountain, NC 28�4�
qqb Subject: NPDES No. NCO033570
`. ���Q���,���� 1 Cyprus Foote Mineral
a� 06 Toxicity Monitoring Modification
Cleveland County
Dear Mr. Peeler:
In accordance with ytr correspondence and supporting information received on April
11, 1994, the Division of Environmental Management has modified the Toxicity Bioassay
monitoring requirement to a grab sample. Enclosed please find the corrected limits page and
Special Conditions pages. These pages should be inserted into your permit and the old ones
discarded. This permit is issued pursuant to the requirements of North Carolina General
Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the, U. S.
Environmental Protection Agency dated December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this
permit modification 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 that this permit is not transferable. Part II, EA. addresses the
requirements to be followed in case of change in ownership or control of this discharge. This
permit does not affect the legal requirement to obtain other permits which may be required by
the Division of Environmental Management 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 Susan Robson
at telephone number 919/733-5083.
cc: Mr. Jim Patrick, EPA
M �BIIe R gion l�Qfif A
Compliance -Jeanne Phillips, ISB
Central Files
Kim Brantley
Aquatic Toxicology Unit
Sincerely,
��✓A. Preston Howa d, Jr., P.E.
P.O: Box 29535, Raleigh, North. Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
50% recycled/ 10% post -consumer paper

A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL
Permit No. NCO033570 r
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 001. 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
le Sam
* P
Mon. Avg. Daily Max Mon. Avg. Daily Max.
FrequencX
Type
Location
Flow
Weekly
Instantaneous
E
Temperature
*
Weekly
Grab
E, U, D
Total Residual Chlorine***
Weekly
Grab
E
Lithium
2/Month
Grab
E
Acute Toxicity****
Annually
Grab
E
TSS
30.0 mg/I 100.0 mg/I
2/Month
Grab
E
THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE TREATMENT SYSTEM EXCEPT AS PRE -APPROVED
ADDITIVES TO BIOCIDE COMPOUNDS (SEE PART 3, CONDITION E. OF THIS PERMIT).
* Sample Locations: E - Effluent, U - Upstream, D - Downstream
** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in
no case cause the ambient water temperature to exceed 32°C.
*** Monitoring requirements only apply if chlorine is added to the cooling water.
****Acute Toxicity (Fathead Minnow, P/F at 90%); Annually. See Part III, Condition F. of this permit.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Part III Permit No. NC0033570
E. The Permittee shall obtain authorization from the Division of Environmental Management prior
to utilizing any biocide in the cooling water. The Permittee shall notify the Director in writing not
later than ninety (90) days prior to instituting use of any additional biocide used in the treatment
system which may be toxic to aquatic life other than those previously reported to the Division of
Environmental Management. Such notification shall include completion of Biocide Worksheet
Form 101 and a map indicating the discharge point and receiving stream. Concentrations of
chromium, copper, or zinc added to biocides shall not exceed applicable water quality standards or
action levels in the receiving stream, as determined by calculations from the Biocide Worksheet
Form 101 with Supplemental Metals Analysis Worksheet.
F. ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY)
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the
North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute
Toxicity In A Single Effluent Concentration." The monitoring shall be performed as a Fathead
Minnow (Pimephales promelas) 24 hour static test, using effluent collected as a grab sample. The
effluent concentration at which there may be at no time significant acute mortality is 90% (defined
as treatment two in the North Carolina procedure document). Effluent samples for self -monitoring
purposes must be obtained during representative effluent discharge below all waste treatment. The
permittee will conduct one test annually, with the annual period beginning in January of the
calender year of the effective date of the permit. The annual test must be performed and reported
by June 30. If no discharge occurs by June 30, notification will be made to the Division by this
date. Toxicity testing will be performed on the next discharge event for the annual test
requirement.
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 TGE6C. Additionally, DEM Form AT-2 (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 either these monitoring requirements 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.
G. Toxicity Reopener Condition

This permit shall be modified, or revoked and reissued to incorporate chemical -specific toxicant
monitoring and limit requirements in the event toxicity testing or other studies conducted on the
effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream
as a result of this discharge.

State of North Carolina
Department of. Environment,
Health and Natural Resources
Mooresville Regional Office ,
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Vivian H. Burke, Regional Manager
A&4
[DEHNF1
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 2, 1994
Mr. D. L. Moskal
Cyprus Foote Mineral Company
Post office Box 689
Kings Mountain, North Carolina 28086
Subject: NPDES Permit No. NCO033570
Cyprus Foote Mineral Company
Cleveland County, NC
Dear Mr. Moskal:
Our records indicate that NPDES Permit No. NC0033570 was
issued on January 31, 1994 for the discharge of wastewater to the
surface waters of the State from your facility. The purpose of
this letter is to advise you of the importance of the Permit and
the liabilities in the event of failure to comply with the terms
and conditions of the Permit. If you have not already done so, it
is suggested that you thoroughly read the Permit. Of particular
importance are Pages 4-6.
Pages 4-6 set forth the effluent limitations and monitoring
requirements for your discharge(s). Your discharge(s) must not
exceed any of the limitations set forth. The section headed
"Monitoring Requirements" describes the measurement frequencies,
sample types and sampling locations. Upon commencement of your
discharge (or operation), you must initiate the required
monitoring. The monitoring results must be entered on the
reporting forms furnished to you by this Agency. If you have not
received these forms, they should be arriving shortly. If you fail
to receive -the forms, please contact this Office as quickly as
possible. I have enclosed a sample of the "Effluent" reporting
form (DEM Form MR-1), plus instructions for completing the form.
It is imperative that all applicable parts be completed, and the
original and one copy be submitted as required.
The remaining Parts of the Permit set forth definitions,
general conditions and special conditions applicable to the
operation of wastewater treatment facilities and/or discharge(s).
The conditions include special reporting requirements in the event
of noncompliance,. bypasses, treatment unit/process failures, etc.
Also addressed are requirements for a certified wastewater
treatment plant operator if you are operating wastewater treatment
919 North Main Street, Mooresville, North'Carolina 28115 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Mr. D. L..Moskal
Page Two
February 2, 1994
facilities. Any changes in operation of wastewater treatment
facilities,' -quantity and type of wastewater being treated or
discharged, expansions and/or upgrading of wastewater treatment
facilities must be permitted or approved by this Agency.
Failure to comply with the terms and conditions of an NPDES
Permit subjects the Permittee to enforcement action pursuant to
Section 143-215.6 of the North Carolina General Statutes. A civil
penalty of up to $10,000 per violation plus criminal penalties may
be assessed for such violations. If you find at any time that you
are unable to comply with the terms and conditions of the,Permit,
you should contact this Office immediately. A Consent Order may be
necessary while pursuing action to obtain compliance.
As a f inal note, an NPDES Permit is normally issued for a
five-year period. Permits are not automatically renewed. Renewal
requests must be submitted to this Agency no later than 180 days
prior to expiration. Please make note of the expiration date of
your Permit. This date is set forth on Page 1 of the Permit. Also
note that NPDES Permits are not transferable. If you, as the
Permittee, cease to need this Permit, then you should request that
the Permit be rescinded.
As mentioned previously,
advise you of the importance of
Permit and contact this office
you have any questions or need
providing any assistance.
Enclosure
DRG:s1
the purpose of this letter is to
your NPDES Permit. Please read the
at 704/663-1699 in Mooresville if
clarification. We look forward to
'ncer.ely,
D. Rex Gleason, P. E.
Water Quality Regional Supervisor

�� 1"�� ara3wto RESOURCES WW
koDmiuuNn-Y DEv
FEC 3 Q 1992
UNIS109 OF [WROWilEKTAL Ps1A.1 0311
State of North Carolina WOORESViIi€ R€GI0�4L Offt6Q,'
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
December 18, 1992
Mr. L.E. Dotson
Post Office Box 689
Kings Mountain, NC 28086
Subject: NPDES Permit modification
NPDES Permit No. NCO033570
Cyprus Foote Mineral Company
Cleveland County
Dear Mr. Dotson:
On June 15, 1992, the Division of Environmental Management issued NPDES Permit
No. NCO033570 to Cyprus Foote Mineral Company. A review of the permit file has indicated that
an error was inadvertently made in the permit. Accordingly, we are forwarding herewith
modifications to the subject permit to correct the error. These permit modifications are as follows:
Part III, Condition D, annual acute toxicity testing, sample type has been changed from 24 hour
composite sample to grab sample.
Please find enclosed an amended Part III, Condition D which should be inserted into
your permit. The old page should be discarded. All other terms and conditions contained in the
original permit remain unchanged and in full effect. These permit modifications are issued
pursuant to the requirements of North Carolina General Statutes 143-215.1 and the Memorandum
of Agreement between North Carolina and the U. S. Environmental Protection Agency.
If 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, confomring 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.
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

IF
Page 2
Mr. Dotson
If you have any questions concerning this permit modification, please contact Charles M.
Lowe.at telephone number 919-733-5083.
Sincerely yours,
eston Howard, Jr., P.E.
cc. Permit File
Compliance
Central Files
Mr. Jim Patrick, EPA
Technical Support Branch
Mooresville Regional office
Environmental Sciences Branch

Part III Permit No. NC0033570
D. ACUTE TOXICITY PASS/FAIL MONITORING (ANNUAL)
The permittee shall conduct annual toxicity tests using protocols defined in the North Carolina
Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single
Effluent Concentration." The monitoring shall be performed as a Fathead Minnow (Pimephales
promelas) 24 hour static test, using effluent collected by grab sample. The effluent concentration
defined as treatment two in the North Carolina procedure document will be 90%. Effluent samples
for self -monitoring purposes must be obtained below all waste treatment. The permittee will
conduct one test annually, with the annual period beginning in January of the calendar year of the
effective date of the permit. The annual test requirement must be performed and reported by June
30. If no discharge occurs by June 30, notification will be made to the Division by this date.
Toxicity testing will be performed on the next discharge event for the annual test requirement.
The parameter code for this test is TGE6C. All toxicity testing results required as part of this
permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it
was performed, using the appropriate parameter code. 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 test data from either these monitoring requirements 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.
Failure to submit suitable test results will constitute noncompliance with monitoring requirements.
E. The permittee shall not use any biocides except those approved in conjunction with the permit
application. The permittee shall notify the Director in writing not later than ninety (90) days prior
to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic
life other than those previously reported to the Division of Environmental Management. Such
notification shall include completion of Biocide Worksheet Form 101 and a map locating the
discharge point and receiving stream.
F. Any actions or functions performed by the permittee that adds phosphorous to mine waters are
prohibited by the Permit.

N. C. DEPT. OF NATURAL
RESOURCES AND
COMMUNITY DEVELOPMENT
JUN 1 7.1992
State of North Carolina DMSION Of ENVIRONIIENTAL WANAGWIXI
Department of Environment, Health and Natural R6,499MMLLE REGION LL OFFICE
Division of Environmental Management
512 North Salisbury Street - Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
L. E. Dotson
P O Box 689
Kings Mountain, NC 28086
Dear Mr. Dotson:
George T. Everett, Ph.D
Director
June 15, 1992
Subject: Permit No. NCO033570
Cyprus Foote Mineral Co.
Cleveland County
In accordance with your application for discharge permit received on November 10, 1991,
we are forwarding herewith the subject state - 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, EA. 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 Environmental Management 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 Mr. Charles Lowe at
telephone number 9191733-5083.
Since 1 ,
Original iced By
Coleen H. Sullins
George T. Everett
cc Mr. Jun Patrick, EPA
g e Wit' eRegion'ttce
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Permit No. NCO033570
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESO0Ff T. 0-1NATUR"
ES i7RCES AND
DIVISION OF ENVIRONMENTAL MANAGEMENT commuNHT'Y MVELOPMENT
PERMIT JUN 1 7 1992
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEROION OFO ES ILLE RE3EI�TfiE E�44aACEMEYP
_ �O�ESVIt�E Rl:ilNAl. OFFICE
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,
Cyprus Foote Mineral Company
is hereby authorized to discharge wastewater from a facility located at
a site on N.C. Highway 216
Kings Mountain
Cleveland County
to receiving waters designated as Kings Creek and an unnamed tributary to Kings Crk. in the Broad
River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, and III hereof.
This permit shall become effective August 1, 1992
This permit and the authorization to discharge shall expire at midnight on December 31, 1993
Signed this day June 15, 1992
Original Signed dy
Coleen H. Sullins
George T. Everett, Director
Division of Environmental Management
By Authority of the Environmental Management Commission

IC
Permit No. NC0033570
SUPPLEMENT TO PERMIT COVER SHEET
Cyprus Foote Mineral Company
is hereby authorized to:
1. Continue to operate facilities for utilities discharge (outfall 001- Kings Creek), continue to
operate mine dewatering settling basin (outfall 002 - Kings Creek) and is authorized to discharge
impoundment basin water (outfall 003 - unnamed tributary to Kings Creek) from an existing
system located at.a site on N.C. Highway 216, Kings Mountain, Cleveland County (See Part
III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map into Kings
Creek and an unnamed tributary to Kings Crk. which is classified Class C waters in the Broad
River Basin.

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)EPARTMENT OF THE INTERIOR
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A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO033570
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics bL /day Discharge Limitations
Units (specify) .
Mon. AVQ. Daily Max Mon, Ava. Daily Max.
Flow
Oil and Grease
Total Suspended Solids
Total Copper
Iron
Lithium
Temperature
Acute Toxicity'
0.123 MGM
15.0 mg/I
20.0 mg/I
30.0 mg/I
100.0 mg/I
0.05 mg/I
0.07 mg/I
3.0 mg/I
a •
*Sample locations: E - Effluent, D - Downstream 50 feet from discharge.
Monitoring Requirements
Measurement
Sample
Frequency
yPe
Daily
Instantaneous
2/Month
Grab
2/Month
Grab
2/Month
Grab
2/Month
Grab
2/Month
Grab
Weekly
Grab
Annually
Grab
E
E
E
E
E
E
E
E
** The temperature of the effluent shall be such as not cause a temperature increase in the receiving stream of more than 2.8°C and in no case
cause the ambient water temperature to exceed 29°C.
*** Acute Toxicity (Fathead Minnow) P/F at 90%; Annually; See Part III, Condition D.
THERE SHALL BE NO CHROMIUM, ZINC OR COPPER ADDED TO THE COOLING WATER
The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See
Part III of this permit).
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

r 1�. ;.
A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL
Permit No. NC0033570
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 002. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characterlstics Lb /day Discharge Limitations Monitoring Requirements
s Units (speclfv) Measurement Sample *Sample
Mon. Avg. Daily Max Mon. Avg. Daily Max. Frequency Type Location
Total Suspended Solids
Lithium
Fluoride
pH
* Kings Creek at Weir No. 7
Monthly Grab
Monthly Grab
Monthly brab
Monthly . Grab
Cyprus Foote Mineral Company shall comply with water quality standards for Kings Creek as established by Title 15 NCAC 2B .0211.
Cyprus Foote Mineral Company is authorized to continue the operation of a recycling wastewater treatment facility serving the Company's
Mineral Plant consisting of a 50 acre tailings pond which overflows to South, Creek Reservoir from which water is pumped to a 2.0 MG
capacity storage pond for plant process water. There shall be no regular discharge to Kings Creek. Intermittent overflows from South Creek
Reservoir may occur only when wet weather causes South Creek Reservoir flows to exceed recycling capabilities.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

r � t
A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0033570
During the period beginning on the effective date of the permit and lasting until expiration, the Pemuttee is authorized to discharge from
outfall(s) serial number 003. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characterlstics Lbs/day Dlscharge Limitations
Units (specify)
Mon. Avg. Daily Max Mon, Ava. Daily Max.
Flow
Temperature
Total Residual Chlorine'**
Monitorlog 'Requirements
Measurement Sample *Sample
Frequency Tvpe Location
Discharge Event Pump Logs E
Weekly Grab E, U, D
Weekly Grab E
THERE SHALL. BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER.
*Sample Locations: E - Effluent, U - Upstream, D - Downstream
**The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in
no case cause the ambient water temperature to exceed 29°C.
***Monitoring requirements only apply if chlorine is added to the cooling water.
The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See
Part III of this Permit).
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

PART I
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the
permit unless specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of
compliance, the permittee shall submit either a report of progress or, in the case of specific
actions being required by identified dates, a written notice of compliance or noncompliance.
In the latter case, the notice shall include the cause of noncompliance, any remedial actions
taken, and the probability of meeting the next schedule requirements.

Part H
Page 1 of 14
PART H
STANDARD CONDITIONS FOR NPDES PERMITS
wftwbrkDo-laVV comp
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of Environment, Health
and Natural Resources.
3.MM
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,
33 USC 1251, et. seq. -
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.

Part II
Page 2 of 14
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.
• • !S. - • 3.
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 Units" 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 Units" 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 Units" 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
yearlycount for fecal coliform, bacteria is the geometric mean of the counts for samples
collected during a calendar year.
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.

Part II
Page 3 of 14
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.
7. 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.
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.
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.
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.
• -• •
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.

Part II
Page 4 of 14
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 0).
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.
A calendar day is defined as 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.
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant
to Section 311 of the Clean Water Act.
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water
Act.
�.`IIy�•► ►I :c •►1�1111•►
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, 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)]

Part II
Page 5 of 14
c. Under state law, a daily 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 § 143-215.6 (a)]
11,.E • �•�_
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
•1 My1", 1 1 e. I, .._ .
Except as provided in permit conditions on 'Bypassing" (Part II, CA.) and 'Power
Failures" (Part II, C.7.), nothing in this permit shall be construed to relieve the permittee
from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS
143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the
permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
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.
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.
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
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.

Part 11
Page 6 of 14
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.
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 later than 180 days prior to the expiration date. Any discharge that has not requested
renewal at least 180 days prior to expiration, or any discharge 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 R�q irements
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 malting 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:
0) 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

Part II
Page 7 of 14
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 believe, 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."
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
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.
Lwy-MM7, •�• •
Pursuant to Chapter 90A-44 of North Carolina General Statutes, 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. The permittee shall notify the Division's Operator Training and Certification Unit
within thirty days of any change in the ORC status.

Part II
Page 8 of 14
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.
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.
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 II, 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;

Part II
Page 9 of 14
(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.
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:
(a) An upset occurred and that the permittee can identify the cause(s) of the upset;
(b) The permittee facility was at the time being properly operated; and
(c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of
this permit.
(d) The permittee complied with any remedial measures required under Part II, 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.

Part 1I
Page 10 of 14
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be 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 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 DEM
Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124
Reliability, to prevent the discharge of untreated or inadequately treated wastes during
electrical power failures either by means of alternate power sources, standby generators or
retention of inadequately treated effluent.
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.
Monitoring results obtained during the previous month(s) shall be summarized for each -
month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No.
MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, 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 Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 27687
Raleigh, North Carolina 27611

Part 11
Page 11 of 14
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.
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.
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 Tampgring
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.
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.
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.

Part II
Page 12 of 14
The permittee shall allow the Director, or an authorized representative, 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, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. - Sample or monitor at reasonable times, for the purposes of assuring permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
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).
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.

11
Part II
Page 13 of 14
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 II. D. 2. of this permit).
b. If the permittee monitors any pollutant more frequently than required by the permit,
using test procedures specified in Part II, D. 4. of 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.
6. Twenty-four Hour Rgl2orLg
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.
(A) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(B) Any upset which exceeds any effluent limitation in the permit.
(C) 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 II. E. 5
and 6. of this permit at the time monitoring reports are submitted. The reports shall contain
the information listed in Part II. E. 6. of this permit.
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.

Part lI
Page 14 of 14
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.
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 Environmental Management.
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 CleanWater 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.

PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capapity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of Environmental Management
and written approval and Authorization to Construct has been issued.
B . Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the compliance
of this NPDES permitted facility with the current groundwater standards.
C. 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.
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 III Permit No. NC0033570
D. ACUTE TOXICITY PASS/FAIL MONITORING (ANNUAL)
The permittee shall conduct annual toxicity tests using. protocols defined in the North Carolina
Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single
Effluent Concentration." The monitoring shall be performed as a Fathead Minnow (Pimephales
promelas)' 24 hour static test, using effluent collected as a 24 hour composite. The effluent
concentration defined as treatment two in the North Carolina procedure document will be 90%.
Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The
permittee will conduct one test annually, with the annual period beginning in January of the
calendar year of the effective date of the permit. The annual test requirement must be performed
and reported by June 30. If no discharge occurs by June 30, notification will be made to the
Division by this date. Toxicity testing will be performed on the next discharge event for the annual
test requirement.
The parameter code for this test is TGE6C. All toxicity testing results required as part of this
permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it
was performed, using the appropriate parameter code. 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 test data from either these monitoring requirements 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.
Failure to submit suitable test results will constitute noncompliance with monitoring requirements.
E. The permittee shall not use any biocides except those approved in conjunction with the permit
application. The permittee shall notify the Director in writing not later than ninety (90) days prior
to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic
life other than those previously reported to the Division of Environmental Management. Such
notification shall include completion of Biocide Worksheet Form 101 and a map locating the
discharge point and receiving stream.
F. Any actions or functions performed by the permittee that adds phosphorous to mine waters are
prohibited by the Permit.

G. Disposal Alternatives
The Permittee shall continually evaluate all wastewater disposal alternatives and pursue the most
environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in
substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,
regulations, or laws, the permittee shall submit a report in such form and detail as required by the
Division evaluating these alternatives and a plan of action within sixty (60) days of notification by
the Division. . .

PART 1V
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
A. 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.

Permit No. NCO033570
E STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT .
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,
Cyprus Foote Mineral Company
is hereby authorized to discharge wastewater from a facility located at
a site on N.C. Highway 216
Kings Mountain
Cleveland County
to receiving waters designated as Kings Creek in the Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, and III hereof.
This permit shall become effective
This permit and the authorization to discharge shall expire at midnight on December 31, 1998
Signed this day
0
A. Preston Howard,; P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission

Permit No. NC0033570
SUPPLEMENT TO PERMIT COVER SHEET
Cyprus Foote Mineral Company
is hereby authorized to:
1. Continue to discharge condensate, non -contact cooling water, and boiler blowdown from outfall
001, continue to discharge stormwater from outfall 002, and continue to discharge rainwater
supernatant from the chemical tailings pond located at a site on N.C. Highway 216, Kings
Mountain, Cleveland County (See Part III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map into Kings
Creek which is classified Class C waters in the Broad River Basin.

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A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO033570
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from `
outfall(s) serial number 001. 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. Frequent
Type
Location
Flow
Weekly
Instantaneous
E
Temperature
* Weekly
Grab
E, U, D
Total Residual Chlorine***
Weekly
Grab
E
Lithium
2/Month
Grab
E
Acute Toxicity****
Annually
Composite
E
TSS
30.0 mg/I 100.0 mg/I 2/Month
Grab
E
THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE TREATMENT SYSTEM EXCEPT AS PRE -APPROVED
ADDITIVES TO BIOCIDE COMPOUNDS (SEE PART 3, CONDITION E. OF THIS PERMIT).
C
* Sample Locations: E - Effluent, U - Upstream, D - Downstream
** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in
no case cause the ambient water temperature to exceed 32°C.
*** Monitoring requirements only apply if chlorine is added to the cooling water.
****Acute Toxicity (Fathead Minnow, P/F at 90%); Annually. See Part III, Condition F. of this permit.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO033570
During the period beginning on the effective date of the permit and lasting until expiration, the'Permittee is authorized to discharge from
outfall(s) serial number 002-STORMWATER RUNOFF. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics bs/day Discharge Limitations Monitoring Reaulrements
Units(specify) Measurement Sample *Sample
Mon. Avg. Daily Max Mon, AM Daily Max. Frequency Tvoe location
Flow Monthly . Instantaneous E
Settleable Solids 0.1 ml/I 0.2 ml/I Monthly Grab E
Turbidity" Monthly Grab E
Lithium Monthly Grab E
TSS 30.0 mg/I 100.0 mg/I 2/Month Grab E
* Sample locations: E - Kings Creek Weir No. 3
**The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels du_ a to natural
background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water.
BMP Conditions
1. The permittee shall operate the facilities in a manner which will minimize the impact on the receiving waters.
2. The permittee shall utilize sound management practices to ensure that contaminants do not enter the surface waters as a result of blasting at
this site.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab
samples.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO033570
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 003-RAINWATER SUPERNATANT FROM TAILINGS POND. Such discharges shall be limited and monitored by
the permittee as specified below:
7ffluent Characteristics bs/dav Discharge Limitations Monitoring Requirements
Units(specify) Measurement Sample *Sample
Mon. Avg. Daily Max , Mon. Ava. Daily Max. FreaueLocation
Flow Monthly Instantaneous E
Settleable Solids 0.1 ml/I 0.2 ml/I Monthly Grab E
Turbidity** Monthly Grab E
Lithium Monthly Grab E
TSS 30.0 mg/I 100.0 mg/I 2/Month Grab E
* Sample locations: E - Effluent
**The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural
background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water.
BMP Conditions
1. The permittee shall operate the facilities in a manner which will minimize the impact on the receiving waters.
2. The permittee shall utilize sound management practices to ensure that contaminants do not enter- the surface waters as a result of blasting at
this site.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab
samples.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Part III Permit No. NC0033570
E. The Permittee shall obtain authorization'from the Division of Environmental Management prior
to utilizing any biocide in the cooling water. The Permittee shall notify the Director in writing not
later than ninety (90) days prior to instituting use of any additional biocide used in the treatment
system which may be toxic to aquatic life other than those previously reported to the Division of
Environmental Management. Such notification shall include completion of Biocide Worksheet
Form 101 and a map indicating the discharge point and receiving stream. Concentrations of
chromium, copper, or zinc added to biocides shall not exceed applicable water quality standards or
action levels in the receiving stream, as determined by calculations from the Biocide Worksheet
Form 101 with Supplemental Metals Analysis Worksheet.
F. ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY)
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the
North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute
Toxicity In A Single Effluent Concentration." The monitoring shall be performed as a Fathead
Minnow (Pimephales promelas) 24 hour static test, using effluent collected. as a 24 hour
composite. The effluent concentration at which there may be at no time significant acute mortality
is 90% (defined as treatment two in the North Carolina procedure document). Effluent samples for
self -monitoring purposes must be obtained during representative effluent discharge below all waste
treatment. The permittee will conduct one test annually, with the annual period beginning in
January of the calender year of the effective date of the permit. The annual test must be performed
and reported by June 30. If no discharge occurs by June 30, notification will be made to the
Division by this date. Toxicity testing will be performed on the next discharge event for the annual
test requirement.
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 TGE6C. Additionally, DEM Form AT-2 (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 either these monitoring requirements 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.

G. Toxicity Reopener Condition
This permit shall be modified, or revoked and reissued to incorporate chemical -specific toxicant
monitoring and limit requirements in the event toxicity testing or other studies conducted on the
effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream
as a result of this discharge.

TO:
THROUGH:
FROM:
SUBJECT:
Peeler.
North Carolina Division of Environmental Management
Water Quality Section/Rapid Assessment Group
October 31, 1993
Susan Robson
Carla Sanderson
Dave Goodrich
.c. D.,E-TT. OV
Nov 0 9 1993
DIVISIm Or %IIVIkG3 IMT
V"OOaERyIIIE REi11011AL 04
Request for Modifications of Cyprus Foote Mineral NPDES Permit
NPDES No. NCO033570
Cleveland County
030805
Regarding the requested modifications from a June 18, 1993 letter from S.K.
The Rapid Assessment Group does not have an objection to the removal of
requirements for oil and grease, copper, and iron from the 001 pipe. These or other limits
may be applied when the EPA promulgates effluent guidelines for the mining of lithium (40
CFR 436 Subpart U). Please include the standard reopener clause in the permit which will
allow DEM to open the permit and add monitoring or limits for chemical -specific toxicants
based on unfavorable results of whole -effluent toxicity testing. Please note that TSS limits
should remain in the permit. (I didn't see it in the draft permit you had in the permit file.)
Relocation of the sampling points seems reasonable, but the company should be
urged to follow through with their stormwater permit. The fluoride monitoring requirement
should probably remain in the permit. Although fluoride levels are consistently found
below the water quality standard (1.8 mg/1), it is still a parameter of concern at this site.
According to Jay Sauber (Environmental Sciences Branch) and Ray Kelling (Laboratory
Support), background concentrations of fluoride are normally less than detection (100 µg/1)
in a stream. For this reason, I would recommend monitoring for fluoride be continued.
As for the issue of runoff from the NCDOT rest area located upstream, according to
Steve Ulmer (P & E), rest areas do not have to obtain a stormwater permit from DEM. The
facility should be aware that wasteload allocations for this area will consider any interacting
discharges in determination of limits. Please advise if you have any more questions
regarding this pen -nit.
cc:CKim Colson

A��QI
ti
•� paw.,d�
State of North Carolina
Department of Environment, Health, and Natural Resources
Mooresville Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Mr. L. E. Dotson
Cyprus Foote Mineral
Post Office Box 689
Kings Mountain, North
Dear Mr. Dotson:
Albert F. Hilton, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
June 18, 1992
Company
Carolina 28086
Subject: NPDES Permit No. NCO033570
Cyprus Foote Mineral Company
Cleveland County, NC
Our records indicate that NPDES Permit No. N00033570 was
issued on June 15, 1992 for the discharge of wastewater to the
surface waters of the State from your facility. The purpose of
this letter is to advise you of the importance of the Permit and
the liabilities in the event.of failure to comply with the terms
and conditions of the Permit. If you have not already done so,
it is suggested that you thoroughly read the Permit. Of
particular importance are Pages 4-6.
Pages 4-6 set forth the effluent limitations and monitoring
requirements for your discharge(s). Your discharge(s) must not
exceed any of the limitations set forth. The section headed
"Monitoring Requirements" describes the measurement frequencies,
sample types and sampling locations. Upon commencement of your
discharge (or operation), you must initiate the required
monitoring. The monitoring results must be entered on the
reporting forms furnished to you by this Agency., If you have not
received these forms, they should be arriving shortly. If you
fail to receive the forms, please contact this Office as quickly
as possible. I have enclosed a sample of the "Effluent"
reporting form (DEM Form MR-1), plus instructions for completing
the form. It is imperative that all applicable parts be
completed, and the original and one copy be submitted as
required.
P.O Bar 950, 919 North Main Street, Mooresville, N.C. 28115-0950 • Telephone [phone] • FAX [phone]D40
An Equal Opportunity Affirmative Action Employer

Mr. L. E. Dotson
Page Two
June 18, 1992
The remaining Parts of the Permit set forth definitions,
general conditions and special conditions applicable to the
_.operation of wastewater treatment facilities and/or discharge(s).
The conditions include special reporting requirements in the
event of noncompliance, bypasses, treatment unit/process
failures, etc. Also addressed are requirements for a certified
wastewater treatment plant operator if you are operating
wastewater treatment facilities. Any changes in operation of
wastewater treatment facilities, quantity and type of wastewater
being treated or discharged, expansions and/or upgrading of
wastewater treatment facilities must be permitted or approved by
this Agency.
Failure to comply with the terms and conditions of an NPDES
Permit subjects the Permittee to enforcement action pursuant to
Section 143-215.6 of the North Carolina General Statutes. A
civil penalty of up to $10,000 per violation plus criminal
penalties may be assessed for such violations. if you find at
any time that you are unable to comply with the terms and
conditions of the Permit, you should contact this office
immediately. A Consent order may be necessary while pursuing
action to obtain compliance.
As a final note, an NPDES Permit is normally issued for a
five-year period. Permits are not automatically renewed.
Renewal requests must be submitted to this Agency no later than
180 days prior to expiration. Please make note of the expiration_
date of your Permit. This date is set forth on Page 1 of the
Permit. Also note that NPDES Permits are not transferable. if
you, as the Permittee, cease to need this Permit, then you should
request that the Permit be rescinded.
As mentioned previously, the purpose of this letter is to
advise you of the importance of your NPDES Permit. Please read
the Permit and contact this office at 704/663-1699 in Mooresville
if you have any questions or need clarification. We look forward
to providing any assistance.
Sincerely,
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
Enclosure
DRG:se

To: Permits and Engineering Unit
Water Quality Section
Date: November 14, 1991
NPDES STAFF REPORT AND RECOMMENDATIONS
County: Cleveland
NPDES Permit No.: NC0033570
MRO No.: 91-243
PART I - GENERAL INFORMATION
1. Facility and Address: Cyprus Foote Mineral Co.
Post Office Box 689
Kings Mountain, North Carolina 28086
2. Date of Investigation: November 7, 1991
3. Report Prepared By: Kim H. Colson, Environmental Engineer I
4. Person Contacted and Telephone Number: S. K. Peeler, Plant
Chemist, [phone]. '
5. Directions to Site: From the intersection of Interstate 85
and NC Hwy 161 in southeast Cleveland County, proceed north on
NC Hwy 161 approximately 100 feet. Turn left onto the
Interstate 85 service road. Cyprus Foote Mineral Co. is
located at the end of the service road.
6. Discharge Point(s), List for all discharge Points: -
001: Latitude: 350 12' 43"
Longitude: 810 21' 11"
002: Latitude: 350 12' 18"
Longitude: 81° 21' 10"
003: Latitude: 350 12' 39"
Longitude: 810 20' 44"
Attach a USGS Map Extract and indicate treatment plant site
and discharge point on map.
USGS Quad No.: G 13 NE USGS Quad Name: Kings Mountain, NC
7. Size (land available for expansion and upgrading): There is
adequate land available for expansion and upgrading.
8. Topography (relationship to flood plain included): Natural
topography is moderately sloping with steep slopes due to the
mining operation. The WWTP is not located within the 100 year
flood plain.
9. Location of Nearest Dwelling: None within 500 feet.

Page Two
10. Receiving Stream or Affected Surface Waters:
001, 002 - Kings Creek
003 - UT to Kings Creek
a. Classification: C
b. River Basin and Subbasin No.: Broad 030805
C. Describe receiving stream features and pertinent
downstream uses: General "C" classification uses.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of Wastewater: 0% Domestic
100% Industrial
2.
3.
4.
61F
6.
7.
a. Volume of Wastewater: 001 - 0.123 MGD (Design Capacity)
002, 003 - Dependent on rainfall
b. Types and quantities of industrial wastewater:
001 - Condensate, boiler blowdown, and cooling water.
002 - Stormwater runoff, mine dewatering, and settling
basin overflow.
003 - Settling basin overflow.
C. Prevalent toxic constituents in wastewater: Floride,
Lithium.
d. Pretreatment Program (POTWs only): N/A
Production Rates (industrial discharges only) in Pounds per
day: Confidential, information concerning production rates
can be relayed via telephone if needed.
a. Highest month in past 12.months: lbs/day
b. Highest year in the past 5 years: lbs/day
Description of Industrial Process (for industries only) and
Applicable CFR Part and Subpart: Lithium mining and
processing, 40 CFR Part 436 Subpart U
Type of Treatment (specify whether proposed or existing):
001 - Existing treatment consists of pH adjustment.
002, 003 - Settling basins for inorganic solids.
Sludge Handling and Disposal Scheme: Tailings are stored
onsite.
Treatment Plant Classification: Less than 5 points; no
rating (include rating sheet). Class I
SIC Code(s): 2819, 1479
Wastewater Code(s):
Primary: 73, 41
Secondary: 42, 14, 16
Main Treatment Unit Code: 52000

� ' I
Page Three
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grants
Funds (municipals only)? N/A
2. Special monitoring requests: N/A
3. Additional effluent limits requests: N/A
4. Air Quality and/or Groundwater concerns or hazardous waste
utilized at this facility that may impact water quality, air
quality or groundwater? There are no known Groundwater
concerns. Air Quality Permit No. 2894R12 is directly related
to the condensate discharge. Hazardous materials (acids) are
stored onsite.
5. Other: N/A
PART IV - EVALUATION AND RECOMMENDATIONS
The permittee, Cyprus Foote Mineral Company, has applied for
Permit modification consisting of adding wastewater to the pH
adjustment facility which discharges through outfall 001. The pH
adjustment facility is currently permitted for 0.123 MGD wastewater
and the additional wastewater would not cause the facility to
exceed this limit. The additional wastewater will consist of
condensate from the production of anhydrous salts from a lithium
bromide solution. A small amount of lithium dust may be present in
the condensate; however, the concentration is expected to be less
than 5 ppm.
Outfall 002 is a weir located in Kings Creek which is located
downstream from outfalls 001 and 003.
It is recommended that the Permit be modified as requested
provided that the Technical Support Branch concurs.
Signature of Report Preparer Date
Water Quality egionaI Supervisor Date

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ITEM
N.
RATING SCALE FOR CLASSIFICATION OF FACILITIES
Name of Plant:
Owner or Contact Person:-�„s-
Mailing Address:
�
County:_ C t<L��k=-l-&t-Aa Telephone:
NPDES Permit No. NC003 ZS--O Nondisc. Per. No.
IssueDate: 15C o Expiration Date:
Existing Facility c/ New Facility
Rated By:: _ C-,,) L-<�otia Date:
Reviewed (Train. & Cert.) Reg. Office
Reviewed (Train. & Cert.) Central Office
ORC e,�, l� ;GE�1.i i Grade
POINTS ITEM
(1) Industrial Pretreatment Units and/or
Industrial Pretreatment Program
(see`definilion No. 33)
4
(2) DE,SIGN FLOW OF PLANT IN GPD
(not applicable to non-conlaminaled cooling
waters, sludge handling facilities for water
purification plants, totally closed cycle
systems (del. No. 11). and facilities
consisting only of Item (4) (d) or Items (4) (d)
and (11) (d))
0 -- 20.000..........................
1
20,001 - 50.000..........................
2
50,001 -- 100,000..........................
3
100,001 -• 250,000..........................
4
250,001 500,000..........................
5
500.001--1,000,000..........................
1.000.001 -- 2,000.000 ........................
8
2,000,001 (and up) - rate 1 point additional for each
200.000 gpd capacity up to a
maximum of 30
Design Flow (gp'd')-: C�, \'2-3 me %)
(3) PRELIMINARY UNITS (see definition no. 32)
(a) Bar Screens ................................ 1
or
(b) Mechanical Screens, Static Screens or
Comminuting Devices ........... ............. 2
(c) Grit Removal ............................... 1
or
(d) Mechanical or Aerated Grit Removal ........... 2
(e) Flow Measuring Device ....................... 1
or
(1) Instrumented Flow Measurement ............... 2
(g) Preaeralion................................ 2
(h) Influent Flow Equalization ................... 2
(i) Grease or Oil Separators - Gravity .......... 2
Mechanical .......... 3
Dissolved Air Flotation. 8
6) Prechlorinalion .... , , • . ...................... 5
POIN i
(4) PRIMARY TREATMENT UNITS
(a) Septic Tank (see definition no. 43) ..............
(b) Imhoff Tank ..................................
(c) Primary Clarifiers .............. : ............ .
(d) Settling Ponds or Settling Tanks for Inorganic
Non -toxic Materials (sludge handling facilities
for water purification plants, sand, gravel,
stone, and other mining operations except
recreational activities such as gem or gold
mining) ......................................
(5) SECONDARY TREATMENT UNITS
(a) Carbonaceous Stage
(i)Aeration - High Purity Oxygen System .... .
,Diffused Air System ...........
Mechanical Air System (fixed,
floating or rotor) ..............
Separate Sludge Reaeration .....
(i i) Trickling Filler
High Rate ...................
Standard Rate ...............
Packed Tower ...............
(iii) Biological Aerated Filter or Aerated
Biological Filler ......................
(iv) Aerated Lagoons ..................... .
(v) Rotating Biological Contactors ..........
(vi) Sand Filters -
intermittent biological .. . . .
recirculating biological .. . . .
(vii) Stabilization Lagoons ...................
(vni)Clarifier ..............................
(ix) Single stage system for combined
carbonaceous removal of BOD and
nitrogenous removal by nitrification
(see def. No. 12) (Points for this item
have to be in addition to items (5) (a)
(i) through (5) (a) (viii) .................
(x) Nutrient additions to enhance BOD
removal ............. ..................
(xi) Biological Culture ('Super Bugs') addition
to enhance organic compound removal .... .

(i) Aeration - High Purity Oxygen System .....
20
Diffused Air System ...........
10
Mechanical Air System (fixed,
floating, or rotor) ...... ......
8
Separate Sludge Reaeration .....
3
(ii) Trickling Filter -
High Rate ..............
7
Standard Rate ............
5
Packed Tower............
5
(iii) Biological Aerated Filler or Aerated
Biological Filler .........................
1 0
(iv) Rotating Biological Contactors ............
10
(v) Sand Filter -
intermittent biological ........
2
recirculating biological ........
3
(vi) Clarifier ................................
5
(6) TERTIARY OR ADVANCED TREATMENT UNIT
(a)
Activated Carbons Beds -
without carbon regeneration ..................
5
with carbon regeneration ....................
is
(b)
Powdered or Granular Activated Carbon Feed -
without carbon regeneration .................
5
with carbon regeneration ...................
15
(c)
Air Stripping .............................
5
(d)
Denitrification Process (separate process) . ... .
10
(e)
Electrodialysis ...............................
5
(f)
Foam Separation .............................
5
(g)
Ion Exchange ................................
5
(h)
Land Application of Treated Effluent
(see definition no. 22b) (not applicable for
sand, gravel, stone and other similar mining
operations)
'(i) on agriculturally managed sites (See def.
No.4)...................................
10
(ii) by high rate infiltration on non -agriculturally
managed sites (includes rotary distributors
and similar fixed nozzle systems) ...........
4
(iii) by subsurface disposal (includes low pressure
pipe systems and gravity systems except at
plants consisting of sep(ic tank and nitrifica-
tion lines only) .............................
4
(i)
Microscreens..................................
5
(j)
Phosphorus Removal by Biological Processes
(See def. No. 26) .............................
20
(k)
Polishing Ponds - without aeration .......
2
with aeration ..........
5
(1)
Post Aeration - cascade ..............
0
diffused or mechanical ..
5
(m)
(n)
Reverse Osmosis ......................
Sand or Mixed -Media Fillers - low rate ...........
5
2
high rate ..........
5
(o)
Treatment processes for removal of metal or
(p)
cyanide....................................
Treatment processes for removal of toxic
15
materials other than metal or cyanide .........
15
(7) SLUDGE TREATMENT
(a)
Sludge Digestion Tank - Healed ...............
10
Aerobic ....
5
(b)
Unheated ...... ..
Sludge Stabilization (chemical or thermal)
3
(c)
. ... .. .
Sludge Drying Beds - Gravity .................
5
2
Vacuum Assisted .......
5
(d)
(e)
Sludge Elulriation ........ .
Sludge Conditioner (chemical or thermal)
(f)
........
Sludge Thickener (gravity) ......................
5
5
(g)
...
Dissolved Air Flotation Unit
(not applicable to a unit rates as (3) (i) .... , , ,
8
(h)
Sludge Gas Utilization (including gas storage) . . . ,
2
�i
(i)' Sludge Holding Tank - Aerated ........::...... 5
Non -aerated ............ 2
(j) Sludge Incinerator - (not including activated
carbon regeneration) . 10
(k) Vacuum Filter, Centrifuge or Filter Press or other
similar dewatering devices .................... 10
(8) SLUDGE DISPOSAL (including incinerated ash)
(a) Lagoons ........................................ 2
(b) Land Application (surface and subsurface)
(see definition 22a)
-where the facility holds the land app. permit ... 10
-by contracting to a land application operator who
holds the land application permit ....... , . , . _ 2
-land application of sludge by a contractor who does
not hold the permit for the wastewater treatment
facility where the sludge is generated ......... 10
(c) Landfilled (burial) .............................
(9) DISINFECTION 5
(a) Chlorination .............................. 5
(b) Dechlorinalion ........................ 5
(c) Ozone .............................. 5
(d) Radiation ......... . ... 5
(10) CHEMICAL ADDITION SYSTEM (S) (See definition No. 9)
(not applicable to chemical additions rated as item
(3) 6). (5) (a) (xi), (6) (a), (6) (b), (7) (b), (7) (e),
(9) (a), (9) (b), or (9) (c) 5 points each: List:
5
5
(11) MISCELLANEOUS UNITS . . . . 5
(a) Holding Ponds, Holding Tanks or Settling Ponds
for Organic or Toxic Materials including wastes
from mining operations containing nitrogen and/or
phosphorous compounds in amounts significantly
greater than is common for domestic wastewater .......... 4
(b) Effluent Flow Equalization (not applicable to storage
basins which are inherent in land application systems). 2
(c) Stage Discharge (not applicable to storage basins
inherent in land application systems ..................... :................. 5
(d) Pumps.................................................................................................. .
(e) Stand -By Power Supply ........................................ ................. 3
(f) Thermal Pollution Control Device ............................................. 3
TOTAL POINTS Z
CLASSIFICATION
Class I ..............--::.- _ 5 ints 25 Po
Class II ......................................... 26. 50 Points
ClassIII ....................................................... 51- 65 Points
ClassIV ........................................................ 66- Up Points
Facilities having a rating of one through four points, inclusive,
do not require a certified operator. Classification of all other
facilities requires a comparable grade operator in responsible
charge.
Facilities having an activated sludge process will be assigned
a minimum classification of Class it.
Facilities having treatment processes for the removal of metal
or cyanide will be assigned a minimum classification of Class it.
Facilities having treatment processes for the biological removal
of phosphorus will be assigned a minimum classification of Class -
III.

RATING SCALE FOR CLASSIFICATION OF FACILITIES
t
Name of Plant:_ C-&;)_Q s iLTE ' M\A_,GgA;.._ C;�L CD02
Owner or Contact Person: —
Mailing Address:-lGt_�g�'1
County: t _, v- �tit� Telephone:
NPDES Permit No. NC00,�S o Nondisc. Per. No.
IssueDate:� ;. 1 lc�`;O Expiration Date:_ t,��,/,
Existing Facility ✓ New Facility
Rated By: k4, Date:
Reviewed (Train. & Cert.) Reg. Office
Reviewed (Train. & Cert.) Central Office
ORC
ITEM POINTS
(1) Industrial Pretreatment Units and/or
Industrial Pretreatment Program
(see -definition No. 33)
4
(2) O SIGN FLOW OF PLANT IN GPD
(not applicable to non -contaminated cooling
waters, sludge handling facilities for water
purification plants, totally closed cycle
systems (del. No. 11), and facilities
consisting only of Item (4) (d) or Items (4) (d)
and (11) (d))
0 -- 20.000..........................
1
20.001 50,000..........................
2
50.001 - 100.000..........................
3
100,001 -- 250.000..........................
4
250,001 -- 500.000..........................
5
500.001--1,000,000..........................
8
1,000,001 -- 2,000,000 ........................
10
2,000.001 (and up) - rate 1 point additional for each
200,000 gpd capacity up to a
maximum of 30
Design Flow (gpd) :
(3) PRELIMINARY UNITS (see definition no. 32)
(a) Bar Screens ................................
or
(b) Mechanical Screens, Static Screens or
Comminuting Devices ........... ............
(c) Grit Removal ...............................
or
(d) Mechanical or Aerated Grit Removal ...........
(e) Flow Measuring Device .......................
or
(1) Instrumented Flow Measurement ..............
(g) Preaeralion ..............................
(h) Influent Flow Equalization ......... 2
(i) Grease or Oil Separators - Gravity .......... 2
Mechanical .......... 3
Dissolved Air Flotation. 8
(j) Prechlorination .............................. 5
Grade -
ITEM
(4) PRIMARYTREATMENT UNITS
uo
POII`
(a)
Septic Tank (see definition no. 43) ..............
(b)
Imhoff Tank ..................................
(c)
Primary Clarifiers ............................
(d)
Settling Ponds or Settling Tanks for Inorganic
Non -toxic Materials (sludge handling facilities
for water purification plants, sand, gravel,
stone, and other mining operations except
recreational activities such as gem or gold
mining) ......................................
(5) SECONDARY
TREATMENT UNITS
(a)
Carbonaceous Stage
(i)Aeration - High Purity Oxygen System .....
2
Diffused Air System ...........
1
Mechanical Air System (fixed,
floating or rotor) ..............
Separate Sludge Reaeration .....
(i i) Trickling Filler
High Rate ...................
Standard Rate ...............
Packed Tower ...............
(iii) Biological Aerated Filter or Aerated
Biological Filter ......................
1
(iv) Aerated Lagoons ..................... .
1
(v) Rotating Biological Contactors ..........
1
(vi) Sand Filters -
intermittent biological .. . . .
recirculating biological .. . ..
(vii) Stabilization Lagoons ...................
(viii)Clarifier ..............................
(ix) Single stage system for combined
carbonaceous removal of BOD and
nitrogenous removal by nitrification
(see del. No. 12) (Points for this item
have to be in addition to items (5) (a)
(i) through (5) (a) (viii) .................
I:
(x) Nutrient additions to enhance BOD
removal ...............................
(xi) Biological Culture ('Super Bugs') addition
to enhance organic compound removal .....

(i) Aeration - High Purity Oxygen System .....
20
Diffused Air System ...........
10
Mechanical Air System {fixed,
floating, or rotor) ...... ......
8
Separate Sludge Reaeration .....
3
ii) Trickling Filler -
High Rate ..............
7
Standard Rate ............
5
Packed Tower............
5
(iii) Biological Aerated Filter or Aerated
Biological Filler .....................
10
(iv) Rotating Biological Contactors ............
1 0
(v) Sand Filler -
intermittent biological ........
2
recirculating biological ........
3
(vi) Clarifier ................................
5
(6) TERTIARY OR ADVANCED TREATMENT UNIT
(a)
Activated Carbons Beds -
wilhout carbon regeneration ..................
5
with carbon regeneration ....................
15
(b)
Powdered or Granular Activated Carbon Feed -
without carbon regeneration .................
5
with carbon regeneration ...................
15
(c)
Air Stripping .............................
5
(d)
Denitrificalion Process (separate process) . ... .
10
(e)
(f)
Eleclrodialysis ..............................
Foam Separation
5
(g)
.............................
Ion Exchange ................................
5
5
(h)
Land Application of Treated Effluent
(see definition no. 22b) (not applicable for
sand, gravel, stone and other similar mining
operations)
'(i) on agricullurally managed sites (See def.
No.4)...................................
10
(ii) by high rate infiltration on non -agriculturally
managed sites (includes rotary distributors
and similar fixed nozzle systems) ...........
4
(iii) by subsurface disposal (includes low pressure
pipe systems and gravity systems except at
plants consisting of sep(ic tank and nitrifica-
(i)
tion lines only) .............................
Microscreens
4
(j)
.................. .
Phosphorus Removal by Biological Processes
5
(k)
(See def. No. 26) .......................
Polishing Ponds - without aeration
20
.......
2
with aeration ..........
5
(1)
Post Aeration - cascade ..............
0
diffused or mechanical ...
5
(m)
Reverse Osmosis ...............................
5
(n)
Sand or Mixed -Media Filters - low rate ...........
2
high rate ..........
5
(o)
Treatment processes for removal of metal or
cyanide....................................
15
(p)
Treatment processes for removal of toxic
materials other than metal or cyanide .........
15
(7) SLUDGE TREATMENT
(a)
Sludge Digestion Tank - Heated ...............
10
Aerobic ...............
5
Unhealed ......
3
(b)
Sludge Stabilization (chemical or thermal) . . .. .
5
(c)
. .
Sludge Drying Beds - Gravity .................
2
Vacuum Assisted .......
5
(d)
Sludge Elulrialion ............
5
(e)
Sludge Conditioner (chemical or thermal)
( f )
........
Sludge Thickener (gravity) ......................
5
5
(9)
...
Dissolved Air Flotation Unit
(not applicable to a unit rates as (3) {i) . - , . ,
8
(h)
, .
Sludge Gas Utilization (including gas storage) .. ..
2
(i) ` Sludge Holding Tank - Aerated ...............'. 5
` Non -aerated ............ 2
(j) Sludge Incinerator - *,(not including activated
carbon regeneration) . 10
(k) Vacuum Filter, Centrifuge or Filter Press or other
similar dewatering devices .................... 10
(8) SLUDGE DISPOSAL (including incinerated ash)
(a) Lagoons ........................................ 2
(b) Land Application (surface and subsurface)
(see definition 22a)
-where the facility holds the land app. permit ... 1 C
-by contracting to a land application operator who
holds the land application permit ................ 2
-land application of sludge by a contractor who does
not hold the permit for the wastewater treatment
facility where the sludge is generated ... , , , , , , 10
(c) Landfilled (burial) ............................. 5
(9) DISINFECTION
(a) Chlorination .............................. 5
(b) Dechlorination ........................ 5
(c) Ozone .............................. 5
(d) Radiation ............. 5
(10) CHEMICAL ADDITION SYSTEM (S) (See definition No. 9)
(not applicable to chemical additions rated as item
(3) 0). (5) (a) (xi). (6) (a). (6) (b). (7) (b), (7) (e),
(9) (a), (9) (b), or (9) (c) 5 points each: List:
5
5
5
(11) MISCELLANEOUS UNITS . . . . . 5
(a) Holding Ponds, Holding Tanks or Settling Ponds
for Organic or Toxic Materials including wastes
from mining operations containing nitrogen and/or
phosphorous compounds in amounts significantly
greater than is common for domestic wastewater .......... 4
(b) Effluent Flow Equalization (not applicable to storage
basins which are inherent in land application systems). 2
(c) Stage Discharge (not applicable to storage basins
inherent in land application systems ....................................... 5
(d) Pumps........................................................................................�
......... .
(e) Stand -By Power Supply.................................................................. 3
(1) Thermal Pollution Control Device ............................................. 3
TOTAL POINTS
_ASS,lRGATIGN
ClassI ......................................................... 5 - 25 Points \)
�.lass tr-........................................... 26- 50 Points
ClassIII ....................................................... 51- 65 Points
ClassIV ........................................................ 66- Up Points
Facilities having a rating of one through four points, inclusive,
do not require a certified operator. Classification of all other
facilities requires a comparable grade operator in responsible
charge.
Facilities having an activated sludge process will be assigned
a minimum classilicalion of Class II.
Facilities having treatment processes for the removal of metal
or cyanide will be assigned a minimum classification of Class if.
Facilities having treatment processes for the biological removal
of phosphorus will be assigned a minimum classification of Class`
III.

Gr" Lmo i1ENOURGES Colo W
t.-*RD QUALLTY SMTIQH
ECEIVEI
it
OF SYSOMiNqState of North Carolina
,� -"mad onment, Health and 'Natural Resources
Ir Division of Environmental Management
6 512'North Salisbury Street. Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett,Ph.D.
William W. Cobey, Jr., Secretary
October 15, 1991
Mr. S. K. PEELER
P. O. BOX 689
KINGS MOUNTAIN, NORTH CAROLINA 28086
Dear Mr. PEELER:
Director
Subject: Application No. NCO033570
CYPRUS FOOTE MINERAL CO.
Cleveland County
The Division's Permits and Engineering Unit acknowledges receipt of your permit application and
supporting materials received on October 11°,1991. This application has been assigned the number
shown above. Please refer to this number when making inquiries on this project.
Your project has been assigned to Charles Lowe for a detailed engineering review. A technical
acknowledgement will be forthcoming. If this acknowledgement is not received within thirty (30)
days, please contact the engineer listed above.
Be aware that the Division's regional office, copied below, must provide recommendations from the
Regional'Supervisor for this project.prior to final action by the Division.
If you have any questions, please -contact Charles Lowe at [phone].
Sincerely,
M. Dale Overcash, P.E.
Supervisor, NPDES Permits Group
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

YPRU S
Me Mineral
Cyprus Foote Mineral Company
Kings Mountain Operationsr�,,�
P.O. Box 689
Kings Mountain, North Carolina 28086
[phone]
FAX [phone]
91 at —
October 10, 1993.
Mr. Dale Overcash
NF'DES Permits Group
Department of Environment, Health & Natural Resources
P. O. Box 29535
Raleigh, North Carolina 27626--05.35
cc, Mr. D. Rex Gleason
Mooresville Regional Office
919 North Main Street
Mooresville, North Carolina 29115
Reference: Cyprus Foote Mineral Company.
Cleveland County
NPDF_5 Permit No. NC0077,570
Dear Mr. Overcash,
We are currently generating an effluent that is the result of
evaporating a solution of lithium bromide to produce the anhydrous
salt. Based on our estimates, a maximum of 9,000 gallons of
effluent per month will be generated by this system which has an
approximate pH of 10 and which will contain no more than 5
milligrams per liter of lithium. The presence of the lithium is
due to a small amount of dust that is carried over with the water
vapor at the end of the drying cycle. The effluent that has been
produced to date is now being held in tanks. We request that it be
determined whether this effluent can be discharged tO sL.irfac=
waters after adjustment of the stream to the acceptable 0-1 range of
6 to 9.
Our plant currently has an effluent that requires PIH
adjustment prior to its discharge (please refer to Outfal.l 001 1n
the subject permit) which is accomplished by the addition of
concentrated Sulfuric acid. Assuming that the proposal to
discharge the condensate above is approved by your office, we would
ask that consideration be given to combining this effluent with
those now in Outfall 00i so that construction of a second acid
treating unit would not be required. The flow restriction of 0.12-7
FOOT;
i?
LITHIUM

MGD would not require any adjustment at. this time, nor would we
expect any hazardous compounds to be formed if these streams «sere
combined.
Please rind our check_ in the amount of $50 to cover the cost
of evaluating this request.
Sincerely,
err►--.
S. K. Peeler
Plant Chemist

Z': ,i

PERMIT APPLICATION STATUS
Project Name: L`/-�Zl6s,5 t -z 1�c���Ste4L e�
Permit No.: IIA Cam j 3S-+CD
MRO No.: -zA-3
Date Application Received:
Completeness of Application Package: Yes
Date of Investigation:
Date SR Submitted for Review: o /)3/9 I
Information Requested
.Date Person Telephone # Info.
Rest. Contacted Rgst_
Other:
lza
Date
Recvd.

1@T. C. DEPT. OF NATURAL
COMUUN
RI•�
�' ' � MENT Water 06'11:i
DEC 5 199
NOV ? 6 , I
State of North daIJt' NVIROMENTAI. MANAGEM Mi
a �1►�E R GIOr f K �urc e'f'll? ire ien, ! - is
Went of Environment, Health, an a
Asti"i" �°3;ii ory f
Division of Environmental Management
512 North Salisbury Street ® Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Mr. S. K. Peeler, Plant Chemist
Cyprus Foote Mineral Company
Post Office Box 689
Kings Mountain, NC 28086
Dear Mr. Peeler :
George T. Everett, Pli.D.
Director
November 13, 1991
Subject: NPDES Permit Applidation
NPDES Permit NO.N00033570
Cleveland
County
This is to acknowledge receipt of the following documents on October 11, 1991:
q
The
.Application Form
.Engineering Proposal (for proposed control facilities),
.Request for permit renewal,
.Application Processing Fee of $50.00,
.Engineering Economics Alternatives Analysis,
.Local Government Signoff,
.Source Reduction and Recycling,
.Interbasin Transfer,
Other request for permit modification,
items checked below are needed before review can begin:
Application Form Short C r
Engineering proposal (see attachment),
Application Processing Fee of $350.00
Delegation of Authority (see attached)
Biocide Sheet (see attached)
Engineering Economics Alternatives Analysis,
Local Government Signoff,
Source Reduction and Recycling,
Interbasin Transfer,
Other
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 9 19/946-648 1 919/395-3900 9 19/89 6 -7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

If the application is not made complete within thirty (30) days, it will be
returned to you and may be resubmitted when complete.
This application has been assigned to Charles M. Lowe
(919/733-5083) of our Permits Unit for review. You will e advised of any
comments recommendations, questions or other information necessary for the
review of the application.
I am, by copy of this letter, requesting that our�Regional ffice
Supervisor prepare a staff report and recomme da//��ons ga ing this
discharge. If you have any questions regardje
is 1'c tions,
please contact the review person listed ab,6�%%e.
S 'In der 1 1, 0,
ale Overcash, P.E.
CC.
Asheville Regional Office

IPRUS
e Mineral
Cyprus Foote Mineral Company
Kings Mountain Operations
P.O. Box 689
Kings Mountain, North Carolina 28086
[phone]
FAX [phone]
9 1
n'
v E
NF'DES Per,.-n
:_ -"--s Or ot_to
De p a t t-lie r )
t o --[ E n v i" r or,, mv--)
a
a .,I r- a 1 ;__t. e -7,c_)1J r c e �
h ,
1\1 c) I- t h Caz,- o 1, 1 r) a
1"I cj cj r L- v e n i c) n a f -f -i
c? i'-i IN or t h i ci I ri � t r- e cn- t
Moo! Esvi I e, North C a o 1 i la 2Sil
R e -f E:? T- en c e , Cyprus Foote Miner -al compan�.'
C " -_ v e 1 a f " d C o t . 11- 1 t- /
N P D E 5 Perm i t 1i',lo . N C 0 _7o'5
Dear Mr. Dvercash,
We are cLirrently genet-atimcj an effluent th_.At is the 1 esuiit of
evaporatirici a so[Lition of "Ilt'l-tik-im bromide to prodL.tce Lhe -a f-i In 011 0 U
salt, Based c) n o L_j r eat .'L n) a t e E, , a. fn a m i-im C, C:) -
0
ef f I L.ien L per m.on t h wi 1 1 In e e n, e r- a t e d b t 1-1 i -S e m l�j la L
approx ma tp r, 4-
01 10 :and 3- c 1 0 i, I �­ Z�l IT 1 n c moll-e lan
mi i I i g r aril s p P_ r i IL e r o i I U I rl The pt--L­=enue of -1-he 1, :L nA
I - ie t -- I- J' c, -,.. E? r- L-J i t 1: h
d LI e t 0 a S (TI, -R -;A N 10 U r,' t 0 L, t s c. a t
vapor at the erid of -the d!-ying cyc, ' The ef fl,,_;ent that na.
produced to date is now being held in tar-;ks- W F- r- E? Q LI P S t that
determined whe ther this e -f f I u en t c a n be d i L-n c i -1 a r a e dl 1: i:1 s L 1 r J- Fk C
waters after ad J _t s L rT) e n t cs f the e s t r- ea m to t I-, e a c c. P,1­1 t a b I & pD H r 3nge c,
6 to 9.
Our D 1 -.4 n t c- L1 r r e n t I h -ra s an of f, -'I -Lie F I a t require-
adjustment prio r to i t s d i s c h e (please reC) L 0 LIt k f z? n
the SU bj e c t permit; which I a c c o ;T1 P I i shed by the a d d I t j 0 R, 0 f
concentrated SU'IfUriC acid A s- : U m i F 1 cl, that t In e P I- (.-D F.; CD s a o
discharge the condensates above is approved 0 o I-, r office, e would
ask: that cons,-_Lder,-_�tion be f'--Iven to coimibininq '_L"j_s e I Li P n t v..' i " F)
T A d
those no-vi in D L i t f a I I C c) n t.i L L 7 c
t r e -1 t i V) g Unit W 0 U 14 d n 0 t De r- eq i_t i i- ed h i_ w rem?:! -.- c t- o F� o
FOOT;LITHIUM

Ni c3 D 1�J o 1.i 1 V I) lJ C I' e Li _l 'f' P �-�, (l • y. J ) Li t ! i= . _ r1 J 0 U. C' t _
ex: )et--t any f':azar-cous COf(1FiOUF'ICiS t0 be formed if these str-( alam i•JF_ t'-F=
CGliibi,-)ed .
ea -se f 1r,d' CU"- c-flew ;,n isI`!e am(]'--'n _ _is rr,i_) t0 `OVet tiles Cost
01' f='VdiiidtlnC� ti115 Y-r'QUE'SC.
Sincerely,
S. K. Peeler
Plant ;_hemis _

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street. Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett,Ph.D.
William W. Cobey, Jr., Secretary
October 15, 1991
Mr. S. K. PEELER
P. O. BOX 689
KINGS MOUNTAIN, NORTH CAROLINA 28086
Dear Mr. PEELER:
Director
Subject: Application No. NCO033570
CYPRUS FOOTE MINERAL CO.
-Cleveland County
The Division's Permits and Engineering Unit acknowledges receipt of your permit application and
supporting materials received on October 11, 1991. This application has been assigned the number
shown above. Please refer to this number when making inquiries on this project.
Your project has been assigned to Charles Lowe for a detailed engineering review. A technical
acknowledgement will be, forthcoming. If this acknowledgement is not received within thirty (30)
days, please contact the engineer listed above.
Be aware that the Division's regional office, copied below, must provide recommendations from the
Regional Supervisor for this project prior to final action by the Division.
If you have any questions, please contac "O' ' ' owe at [phone]
cc: Mooresville Regional Office
Sincerely,
L44-61u
M. Dale Overcash; P.E.
Supervisor, NPDES Permits Group
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

PERMIT NO.: NC00 33570
NPDES WASTE LI
PERMITTEE NAME: Cyprus Foote MIIleral COIIII)any
FACILITY NAME:
Facility Status: Existing
Permit Status: Modification
Major Minor
Pipe No.: 001
Design Capacity: - 0.123 MGD
Domestic (% of Flow):
Industrial (% of Flow):
0%
100 %
Comments:
See attached cover letter from Cvprus.
RECEIVING STREAM: Kings Creek
Class: C
Sub -Basin: 03-08-05
Reference USGS Quad: G 13 NE (please attach)
County- Cleveland
Regional Office: Asheville Regional Office
Previous Exp. Date: 1 1/30/92 Treatment Plant Class: Class 1
Classification changes within three miles:
No change.
Requested by:
Prepared by:_
Reviewed by:.
Charles Lowe Date: 11/13/91
Date:
Date:
AD ALLOCATION
Modeler Da
Rec.
Drainage Are2a (nli ) Avg. Stiv nlflow
7Q10 (CIs) Winter 7Q10 (c1"S) 30Q2 (c(s)_
Toxicity Limits: IWC % Acute/Chronic
Instream Monitoring:
Parameters_
Upstream _
Downstream
Location
Location
Effluent
Characteristics
Summer
Winter
BODE (mg/1)
NH3-N (mg/1)
D.O. (mg/1)
TSS (mg/1)
F. Col. (/100 ml)
pH (SU)
Comments:

AND MONITORING IZEQU IREMf.--.N-FS FINAL
j:I:j,ijj:j\�,TI-IMITATIONS
During the pCI-10d beginning
C,
1 -11111 and lasting ullill cxpil
on the effective date of the Pe,
.
SP.1f.111'-d I„ I, �w
11
0110'all(s) serial nurnty-l-001.
Such discharges shall he limited and IC(l in 11"
Discharge Limitatioll—s
Effluent Characteristics
Lb5lday Units (specit- I
Mea S.Lj renic tit. S III nlg
Mon, AvgDally Max Mon. Avg, Daily )�--
f fe -qLj e n c Y 1 ocallon
0.123 W31D
Daily
1= low
15.0 Mg/1 20.0 mg/1
2/Molill,
Oil and Gioase
30.0 M9/1 100.0 nig/I
2/Month
Total Suspended. Solids
0.05 Mg/I 0.07 mg/I
2/Month
Total Copper
3.0 nig/I
2/Month
Iron
Weekly
Temperature
;!.ample locations: E - Effluent
a temperature increase in the receiving ,tIv;IIlI (11 Illkli, 111.111
'File temperature of the effluent shall be such as not cause
cause the ambient water temperature to exceed 29°C.
IEIZE SI IALL Bt NO CHROMIUM, ZINC OR COPPER ADDED TO TI (E, Cool-ANG WATI:P.
The permittec shall obtain authorization from the Division ofEnvironim,null
11.iri III of this permit).
.
dli'e pl I shill not be less than 6.0 standard units 1101, ill 9.0 sMIlIkIld 111111
3 1-1.We shall be no discharge of floating solids or visible f'o"111 in Other th;ln t"' t1111`1111s-
:
k1L

A. H. I .H:1 111.N'T t_IMITATIONS AND MONITORING REQUIREMENTS FINAL
lY fail No, NCOO.1.1570
Dtiring the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authiTrl/c(I t„ Iuugc Irnm
outfall(s) serial number 002. Such discharges shall be; limited and monitored by the pem-utteeas specified hcklw:
Effluent_ Characlerlstics Discharge LlmltatIoil s
Lbs/day, Units(specify)
Mon. Ava. pally Max Mon, Avg, DziIIY___W,x
Total Suspended Solids
I.ilhium
I=luoride
pid
* Kings Creek at Weir No. 7
Ih'LIkIIIUIII Ultts
IIIPIe Sit ITT T)e
t YI'�' f c,c;Itlurt
Cyprus Foote Mineral Company shall comply with water quality standards for Kings Creek as established h� I itit 1 � Ii,,(',W .)H tl.' I I
Cyprus Foote Mineral Company is authorized to continue the operation of a recycling wastewater treatilletlt fac ilhl) "(-rvint, thr (l,iul,,,ltv's
Mineral Plant consisting of a 50 acre tailings pond which overflows to South Creek Reservoir from which water is I,uIIII)cd m ;t ?.tl M(;
capacity storage pond for plant process water. There shall be no regular discharge to Kings Creek. Intern�ittent cT� e 111,�� I „ ,t til,utli t 'i k
Reservoir may occur only when wet weather causes South Creek Reservoir flows to exceed recycling c,th;thilitir
"There shall be no discharge of floating solids or visible foam in other than trace amrnlnts.

A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL, Pci hill No. NU(M.U. M
During the period beginning on the effective date of the permit and lasting until expiration, the Pc.miittcc. is I() I n ll l l
ou,fall(s) serial number 003. Such discharges shall be limited and monitored by the pennittec as specillyd hclmv:
Effluent_ Characteristics Discharge Limitations MoIIltoIi[I(J
Lbs/day, Units - s ecil I Ml:alsureineIII
Mon. Avg. Rally Max Mon._Avg, D[lilyFrect�icrtcy
Flow
Temperature Wr!(:k ly
focal Re.-Jdual'•Chlohne— W(w)-ly
11 IEIlI: SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO TI IE COOLING WATER.
*Sample Locations: E - Effluent, U - Upstream, D - Downstream
li .IU it fr ll!ellt
!�,ltl.P1 "j_innple
Yl)e JCalloll
l �i•il� I I1 II
* ,-The temperature of the effluent shall be such as not to cause an increase in the temperature of the rcceivin" sin Mill Il Illl,ll. llwl) ' t ;Inel in
no case cause the ambient water temperature to exceed 29°C. `
* ' *Monitoring requirements only apply if chlorine is added to the cooling water.
l he- permittee shall obtain authorization from the Division of Environmental Management prior to utilizing ;Ins- hl('� I.i, III Ill, l (x,llnrr ,,Ili I
Part III of this Permit).
The pl 1 shall not be less than 6.0 standard units nor greater than 9.0 standard units and sh;Ill 1.• .Ix), tl.,It•;!
s.Imple.
There shall be no discharge of floating solids or visible foam in other than ;utlI )unl ,.

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James C. Martin, Govemor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
July 30, 1990
Mr. L. E. Dotson
P. 0. Box 689
Kings Mountain, NC 28086
Subject: Permit No. NCO033570
Cyprus Foote Mineral Company
Cleveland County
Dear Mr. Dotson:
In accordance with your application for discharge permit .received on April 2,
1990, we are forwarding herewith the subject State - 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 11666, Raleigh, North Carolina 27604. rirnl-ss such demand is made,
this decision shall be final and binding.
Please take notice that 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 Environmental. Pfanagement or permits required
by the Division of Land Resources, Coastal Area Management. Anl nr any other Federal or
Local governmental permit that may be required.
If you have any questions concerning this permit.,
Barona at telephone number 919/733-5083.
inc rely,
ww
nOr,Qe livt,r'r
cc: Mr. Jim Patrick, EPA
Asheville Reglona1. offi-(-o
Pouudon Prewndon Pays
I,I�a:c c.orttact Mrs. Rosanne
P.O. q ).< 27687. R =igh, North Carolina 27611-7rr37 Telephr_r
to
'33-7015

Permit No. NCO033570
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
In compliance with the provision of North Carolina General Statute 143-215.1,
other lawful standards and regulations promulgdted and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Cyprus Foote Mineral Company
is hereby authorized to discharge wastewater from a facility located at
a site on NC Highway 216
Kings Mountain
Cleveland County
to receiving waters designated as Kings Creek and an unnamed tributary to Kings Cr. in the Broad
River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, and III hereof.
This permit shall become effective September 1, 1990
This permit and the authorization to discharge shall expire at midnight on November 30, 1992
Signed this day July 30, 1990
George T. Everett, ecto
Division of Environmen a ment
By Authority of the Environmental Management Commission

SUPPLEMENT TO PERMIT COVLri
Cyprus Foote'Minerai Corn ar%
.:uthonzed to
Continue to operate facilities for utilities dischar,-e (outfall
operate mine dewatering settling basin (outfall 002 - Kings Crcz�;:. a;-;thorized to dI
impoundment basin water (outfall 003 - unnamed tributary to 1<.n_ Creek) from an existin2
;vstem located at a site on NC Highway 216, Kings Mountain. Ci`":c and County ("See Part III
Of this Permit). and
Discharge from said treatment works at the location specified on the attached map into Kings
Creek and an unnamed tributary to Kings Cr. which is classified Class C waters in the Broad
River Basin.

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A. O.:.1 1'LUI:iN"I' LIMITATIONS AND MONITORING REQUIREMENTS FINAL I', it i'."i r NCUM ti5 M
During the period beginning on the effective date of the pennit and lasting until expir;Iliun, the I rnuu�,. ,� auth„i i. ! I... h;,� }; I..•...
outfall(s) serial number 001. Such discharges shall be limited and numitorcd hN• Ill(- pc nu,11k"I' ;I sP•c it i,•.1 I„-I,,\v
Effluent Characteristics Discharge Limitations
Lbs/day, Units (specify)
Mon, yg, Daily Max Mon. Ava, Daily Max.
Flow
Oil and Grease
Total Suspended Solids
Total Copper
Iron
Temperature
° :Sample locations: E - Effluent
0.123 MGD
15.0 mg/I 20.0 mg/I
30.0 mg/1 100.0 mg/I
0.05 mg/1 0.07 mg/I
3.0 mg/I
Mollitotlily
Measurement
Frequency
Daily
2/Month
2/Month
2/Month
2/Month
Weekly
S a.2ip l e
L.ycall o_q
I
I
I
I
I
I
*' The temperature of the effluent shall be such as not cause a temperature increase in the receiving strr;rnt of illmi ih;ui .' t ;In,l in M ;Ise•
c;Iuse the ambient water temperature to exceed 29°C.
'I l ]ERE SI-IALL BE NO CHROMIUM, ZINC OR COPPER ADDED TO TIIE COOLING WATER.
The permittee shall obtain authorization from the Division of Environmental N,lanigement prio, 10 I1;1�i in
Part III of this permit).
;Ilie pf i shall not be less than 6.0 standard units nor greater than 9.() si;rn(l;rr(l unlr:,
t,., I lute shall be no discharge of floating solids or visible foam in other than trace amounts.
,

A. (). I.1-- LUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL
Permil No. NC0033570
Daring the period beginning on the effective date of the permit and lasting until expiration, the Permittee is aulhori/cd tO discharge front
outfall(s) serial number 002. Such discharges shall be limited and monitored by the permittee as specified bek)w:
Effluent Characteristics Discharge Limitations Mortltgting reIII c[tis
Lbs/day, Units (specifVl Measurerne_n_t Sarn�le
Mon, Ay4. Daily Max Mon. Ayy, Daily Max, Frequency ( ype
Total Suspended Solids Monthly r i,ili
Lithium M : rthiy
Fluoride
IH N?
* Kings Creek at Weir No. 7
.SaLnp le
Location
Cyprus Foote Mineral Company shall comply with water quality standards for Kings Creek as estahlished by I', Ilk I ; N('A C .111
Cyprus Foote Mineral Company is authorized to continue the operation of a recycling wastewater treatment facility wi-ving the ('()jitl),uiy's
Mineral Plant consisting of a 50 acre tailings pond which overflows to South Creek Reservoir from which water is pmul d t() a 2.0 Ni(
capacity storage pond for plant process water. There shall be no regular discharge to Kings Creek. Intermittenl uvr•i I Irn\-s I mm tir rull, ( 'icck
Reservoir may occur only when wet weather causes South Creek Reservoir flows to exceed recycling capahilitir�
There shall be no discharge of floating solids or visible foam in other than trace amounts.

A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL, Pc•riiiil No. NCOO.iiffl
During the period beginning on the effective date of the permit and lasting until expiration, the Pcrmitice is authc,rir,,l 1r, eli ,h;irl,c f r„ni
oritfall(s) serial number 003. Such discharges shall be limited and monitored by the perinittee as specified helow:
Effluent Characteristics Lbs/day,
Discharge Llmitatlons P.1oitlty
Uri Its _ s ecif l Measur_ernei,_I
Mon. Avg. pally Max Mon._Avg, D_,iIY -..mg) F.re.ctue_iicy
Flow
Temperature
Di'•c,nar,)ra I Fo1al Ro-,idual'.Chlorine— w .(.i ly
wok!kiy
"I I IERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER.
*Sample Locations: E - Effluent, U - Upstream, D - Downstream
II .Ii,IJ ci11ei11
Sample
Yt)e l.ucaI of!
I' „11t, 1 u,1', i
r,lh I Il, IJ
* ^"Fhe temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving slrc•;1rr, „I III,, (� 1h;111 no case cause the ambient water temperature to exceed 29°C.
* **Monitoring requirements only apply if chlorine is added to the cooling water.
The pennittee shall obtain authorization from the Division of Environmental Management prior 10 u1111ZIII itII hi,,:.. c If (Ilk ,
fart III of this Permit).
-1 he pl I shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall I ..ru), !'..,i ;i
s;rmple.
There shall be no discharge of floating solids or visible foam in other th;ui tray c ;1ni ;uu1,.

PART I
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the
permit unless specified below.
2. Permittee shall at all times provide the operation and maintenance, necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of
compliance, the permittee shall submit either a report of progress or, in the case of specific
actions being required by identified dates, a written notice of compliance or noncompliance.
In the latter case, the notice shall include the cause of noncompliance, any remedial actions
taken, and the probability of meeting the next schedule requirements.

Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
.1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of Environment, Health
and Natural Resources.
3. EMc
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,
33 USC 1251, et. seq.
5. 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. - -

Part II
Page 2 of 14
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.
6. 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.

Part If
Page 3 of 14
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.
7. 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.
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.
•�W-
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) duringa, 24,.hour sampling period.
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.
9. Calculation of Means
Arithmetic Mean: The arithmetic mean of any set of values is the btiin ation of the
individual values divided by the number of individual values. i ;

Part 11
Page 4 of 14
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.
10. Calendar Day
A calendar day is defined as 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.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant
to Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water
Act.
SECTION B. GENERAL CONDITIONS
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is ground 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 within the time provided in
the regulations that establish these standards or prohibitions, even if the permit has not
yet been modified to incorporate the requirement.
b. 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 peWdlty not-to.exceed
$10,000 per violation with the maximum amount not to exceed $125,000. [Ref: 40
CFR 122.41(a)] —
•'

Part II
Page 5 of 14
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
We K%W � . •
Except as provided in permit conditions on "Bypassing" (Part.II, B-3) and "Power
Failures" (Part II, B-6), 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.
• Me . •• • •
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.
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.
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. Severabilin'
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.
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.
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.

Part II
Page 6 of 14
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 later than 180 days prior to the expiration date. Any discharge that has not requested
renewal at least 180 days prior to expiration, or any discharge 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.

Part II
Page 7 of 14
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 believe, 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."
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 Reissnance 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 15 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 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 MAT NTENAN E OF POLLUTION CONTROLS
Pursuant to Chapter 90A-44 of North Carolina General Statutes, 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. The permittee shall notify the Division's Operator Training and Certification Unit
within five days of any change in the ORC status.

Part II
Page 8 of 14
2. Proper QperLiQn 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.
3. Need to Halt or Reduc . nnr 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 II, 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;

Part II
Page 9 of 14
(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.
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. Affect 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 (3) of this condition 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:
(a) An upset occurred and that the permittee can identify the cause(s) of the upset;
(b) The permittee facility was at the time being properly operated; and
(c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of
this permit.
(d) The permittee complied with any remedial measures required under Part II, 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.

Part II
Page 10 of 14
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be 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, and with applicable 40 CFR
Part 503 Standards for the Use and Disposal of Sewage Sludge when promulgated. Upon
promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for
the disposal of sludge may be reopened and modified, or revoked and reissued, to
incorporate applicable requirements at 40 CFR Part 503. 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 DEM
Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H, .0124
Reliability, to prevent the discharge of untreated or inadequately treated wastes during
electrical power failures either by means of alternate power sources, standby generators or
retention of inadequately treated effluent.
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. Re rting
Monitoring results obtained during the previous month(s) shall be summarized for each
month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No.
MR 1, 1.1, 2,-3) or alternative forms approved by the Director, DEM, postmarked no later
than the 30th day following the completed reporting period.
The fast 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 Environmental Management '
Water Quality Section
ATTENTION: Central Files
Post Office Box 27687
Raleigh, North Carolina 27611

Part 11
Page 11 of 14
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliahility 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.
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.
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 Tam ring
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.
6. Records Retention
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
per ittee 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.

Part II
Page 12 of 14
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative, 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, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and -
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION E. REPORTINGREQUIREMENTS
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).
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. Transfer
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.

Part 11
Page 13 of 14
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 II. D. 2. of this permit).
b. If the permittee monitors any pollutant more frequently than required by the permit,
using test procedures specified in Part II, D. 4. of 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.
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.
(A) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(B) Any upset which exceeds any effluent limitation in the permit.
(C) 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 II. E. 5
and 6. of this permit at the time monitoring reports are submitted. The reports shall contain
the information listed in Part H. E. 6. of this permit.
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts i:tr a:permit
application, or submitted incorrect information in a permit application or i�i�.'any repor.to the ;
Director, it shall promptly submit such facts or information.

Pout II
Page 14 of 14
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.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 15 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 Environmental Management.
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.
1 I. Penalties for Fal ification 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.

PART Ill
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of Environmental Management
and written approval and Authorization to Construct has been issued.
B. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the compliance
of this NPDES permitted facility with the current groundwater standards.
C. 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.
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 III
Permit No. tiCO033570
D. The permittee shall not use an, biocioes exceat those approved :n con unction with the oe.11-
application. The perzmimfe shall notif,,- t:,e Director in writing not later than ninety (90) days prior
to instituting use of any additional bioci;ie used in cooling systems which may be toxic to aquatic
life other than those previousl.- reported to the Division of Environmental Management. Such
notification shall include comoietion Biocide Worksheet For ., 101 and a map locating the
discharge point and receiving strew„
E. Any actions or functions perfor ec c%. the permittee that adds phosphorous to mine waters are
prohibited by the Permit.
,7zj(r] ` .;
21 1990

PART IV
ANNUAL ADMINISTERING AND COMPLIANCE FEE REQUIREMENTS
A. The permittee must pay the annual administering and compliance fee within 30
(thirty) days after being billed by the Division. Failure to pay the fee in a
timely manner in accordance with 15 NCAC 2H .0105(b)(4) may cause this Division
to initiate action to revoke the permit.

Permit No. NCO033570
ti STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
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,
Cyprus Foote Mineral Company
is hereby authorized to discharge wastewater from a facility located at
a site on N.C. Highway 216
Kings Mountain
Cleveland County
to receiving waters designated as Kings Creek and an unnamed tributary to Kings Crk. in the Broad
River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, and III hereof.
This permit shall become effective
This permit and the authorization to discharge shall expire at midnight on December 31, 1993
Signed this day
�14•, it }'.�'�� :::.c:S'm
i i
Y
!
George T. Everett, Director
Division of Environmental Management
By Authority of the Environmental Management Commission

Permit No. NC0033570
SUPPLEMENT TO PERMIT COVER SHEET
Cyprus Foote Mineral Company
is hereby authorized to:
1. Continue to operate facilities for utilities discharge (outfall 001- Kings Creek), continue to
operate mine dewatering settling basin (outfall 002 - Kings Creek) and is authorized to discharge
impoundment basin water (outfall 003 - unnamed tributary to Kings Creek) from an existing
system located at a site on N.C. Highway 216, Kings Mountain, Cleveland County (See Part
III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map into Kings
Creek and an unnamed tributary to Kings Crk. which is classified Class C waters in the Broad
River Basin.

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DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY
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A. (). EFFLUENT LB41TATIONS AND MONITORING REQUIREMENTS FINAL, Permit No. NCO033570
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics
Flow
Oil and Grease
Total Suspended Solids
Total Copper
Iron
Lithium
Temperature
Acute Toxicity••
Dis_ charge Limitations
Units (specify)
X Mon. Aya. Daily Max.
0.123 MGD
15.0 mg/I 20.0 mg/I
30.0 mg/I 100.0 mg/I
0.05 mg/I 0.07 mg/I
3.0 mg/I
*Sample locations: E - Effluent, D - Downstream 50 feet from discharge.
Monitorin9 ReaulrementQ
Measurement
Sample
Frequency
Type
Daily
Instantaneous
2/Month
Grab
2/Month
Grab
2/Month
Grab
2/Month
Grab
2/Month
Grab
Weekly
Grab
Annually
Grab
E
E
E
E
E
E
E
E
** The temperature of the effluent shall be such as not cause a temperature increase in the receiving stream of more than 2.8°C and in no case
cause the ambient water temperature to exceed 29°C.
*** Acute Toxicity (Fathead Minnow) P/F at 90%; Annually; See Part III, Condition D.
THERE SHALL BE NO CHROMIUM, ZINC OR COPPER ADDED TO THE COOLING WATER
The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See
Part III of this permit).
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL
During the period beginning on the effective date of the permit and lastinguntil a Permit No. NC0033570
outfall(s) serial number 002. Such discharges shall be limited and monitred b piration, the Permittee is authorized to discharge from
y permittee as specified below:
Effluent Characterlstics
Total Suspended Solids
Lithium
Fluoride
pH
* Kings Creek at Weir No. 7
�� Discharge Llmitatlon®
Units (specify)
M° �I11L ka Mon. Mon- Daily Max
Mooltorinq Reou LOMpnto
Measurement Sa_ mole
Frequency Type
Monthly Grab
Monthly Grab
Monthly Grab
Monthly Grab
•S
Loci
Cyprus Foote Mineral Company shall comply with water quality standards for Kings Creek as established by Title 15 NCAC 2B .0211.
Cyprus Foote Mineral Company is authorized to continue the operation of a recycling wastewater treatment facility serving the Company's
Mineral Plant consisting of a 50 acre tailings pond which overflows to South Cheek Reservoir from which water is pumped to a 2.0
capacity storage pond for plant process water. There shall be no regular discharge to Kings Creek. Intermittent overflows from South Creek
Reservoir may occur only when wet weather causes South Creek Reservoir flows to exceed recycling capabilities.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO033570
During the period beginning on the effective date of the permit and lasting until expiration, the Perrnittee is authorized to discharge from outfall(s) serial number 003. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics LDischarge Limitations Monitoring Rog Irements
. 2@jW Units (specifv) Measurement Sampl
Flow e `Sample
Mo— Rally Max Mon. Avg. Daily Max. Frequency Tvpe Location
Temperature
Total Residual Chlorine`
Discharge Event
* Weekly
Weekly
THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER.
*Sample Locations: E - Effluent, U - Upstream, D - Downstream
Pump Logs E
Grab E, U, D
Grab E
**The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in
no case cause the ambient water temperature to exceed 29°C.
***Monitoring requirements only apply if chlorine is added to the cooling water.
The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See
Part III of this Permit).
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

_t
Permit No. NC0033570
D. ACUTE TOXICITY PASS/FAiL MONITORING (ANNUAL)
The permittee shall conduct annual toxicity tests using protocols defined in the North Carolina
Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single
Effluent Concentration." The monitoring shall be performed as a Fathead Minnow (Pimephales
promelas) 24 hour static test, using effluent collected as a 24 hour composite. The effluent
concentration defined as treatment two in the North Carolina procedure document will be 90%.
Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The
permittee will conduct one test annually, with the annual period beginning in January of the
calendar year of the effective date of the permit. The annual test requirement must be performed
and .reported by June 30. If no discharge occurs by June 30, notification will be made to the
Division by this date. Toxicity testing will be performed on the next discharge event for the annual
test requirement.
The parameter code for this test is TGE6C. All toxicity testing results required as part of this
permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it
was performed, using the appropriate parameter code. 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 test data from either these monitoring requirements 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.
Failure to submit suitable test results will constitute noncompliance with monitoring requirements.
E. The permittee shall not use any biocides except those approved in conjunction with the permit
application. The permittee shall notify the Director in writing not later than ninety (90) days prior
to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic
life other than those previously reported to the Division of Environmental Management. Such
notification shall include completion of Biocide Worksheet Form 101 and a map locating the
discharge point and receiving stream.
F. Any actions or functions performed by the permittee that adds phosphorous to mine waters are
prohibited by the Permit.

G. Disposal Alternatives
The Permittee shall continually evaluate all wastewater disposal alternatives and pursue the most
environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in
substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,
regulations, or laws, the permittee shall submit a report in such form and detail as required by the
Division evaluating these alternatives and a plan of action within sixty (60) days of notification by
the Division.

NPDES WASTE LOAD ALLOCATION
PERMIT NO.: NCO033570
PERMITTEE NAME: Cyprus Foote Mineral Company
FACILITY NAME:
Facility Status: Existing
Permit Status: Modification
Major
Minor
Pipe No.: 001
Design Capacity: 0.123 MGD
Domestic (% of Flow):
Industrial (% of Flow):
C01tfMVNzTY Cts �,D
UNYTy DcVELOpMY''1V"
hfH1,4 f t 199D
0%
100 % 61",Unnn DFENVI{''Gl�;"ENT'1i MANAGE�};UT
fl����'� L
„aF�rcE
Comments:
See attached cover letter from Cyprus.
%'ST SI-Jwc,a 14AW O-c-
a_;fA1U Sr47?c 76-.,&7-
RECEIVING STREAM: Kings Creek
Class: C
Sub -Basin: 03-08-05
Reference USGS Quad: G 13 NE (please attach)
County- Cleveland
Regional Office: Regional Office
Previous;Exp. Date: 11/30/92 Treatment Plant Class: Class 1
Classification changes within three miles:
No change.
Requested by: Charles Lowe
Prepared by:
Reviewed -by:
Date: 11/13/91
Date: 2--
Date: c�
Modeler
Date Rec.
#
SM>J
IOLOss
F 6Sq4
2
Drainage Area (mi ) 2• $S Avg. Streamflow (cfs):
7Q10 (cfs) a . Winter 7Q10 (cfs) 30Q2 (cfs) /. 7
Toxicity Limits: IWC % (Acut hronic
Instream Monitoring:
Parameters 7/7 vy-
Upstream /)o Location "7 11�-
Downstream Y,/ S Location S0' Ws o -14 J
Effluent
Characteristics
Summer ►hf
oN
�_
Icy mAX .
BOD5 (mg/1)
NH3-N (mg/1)
D.O. (mg/1)
TSS (mg/1)
F. Col. (/100 ml)
pH (SU)
OrlCrc�
/S
20
30
Comments: -�C—
1Z 70C_ 4649✓e %�
rL �1✓_ //GGi✓i.�9 til�t7I�5
water

Facility Name:
NPDES No.:
Type of Waste:
Facility Status:
Permit Status:
Receiving Stream:
Stream Classification:
Subbasin:
County:
Regional Office:
Requestor:
Date of Request:
Topo Quad:
FACT SHEET FOR WASTELOAD ALLOCATION
Cyprus Foote Mineral Company
NCO033570
Industrial - 100%
Existing
Renewal
Kings Creek
C
030805
Cleveland
Mooresville Wc—
Lowe
11/13/91
G13NE
Wasteload Allocation Summary
(approach taken, correspondence with region, EPA, etc.)
Request # 6594
I, a parr. oir IIATU "
MoottcaS AND
COMMUNM DEVIYA WENT
f E B 1 01992
VISION Of tovill"DW V0149WIT
1IOAES011 MAUL Ut If f ICE
Stream Characteristic:
USGS # ;
^" 02.1535.5600
Date: -:
': 1986
Drainage Area (mi2): ,
2.85
Summer 7Q10 (cfs):
"1.0.9
Winter 7Q10 (cfs):
1.4
Average Flow (cfs): ".
3.5
30Q2 (cfs):
. 1.7
After consulting Kelling (DEM Lab.) and Matthews/Ansley (Aquatic Tox.), it was decided that
monitoring for additional parameters would be recommended based on information about this
facility and nearby Lithium Corporation - a similar, larger plant. Matthews thought an annual
toxicity test would be appropriate. Kelling recommended monitoring for lithium. All of these
recommendations were incorporated in this wasteload.
Since a wasteload for this facility was first done in the early or mid-1970's, records are sketchy
as to why there are limits for iron, copper, and oil and grease. There are no federal guidelines for
the processing of lithium and lithium -based products. In any case, these parameters were kept in
this wasteload.
Special Schedule Requirements and additional comments from Reviewers:
V��TiLcli,� /7�Or� t�cJiZct t 1 S ti-A<5
VPz 17 /mRv
Recommended by: Date:
Reviewed by
Instream Assessment
Regional Supervisor:
Permits & Engineerin
RETURN TO TECHNICAL SERVICES BY:
MAR 0 5

INSTREAM MONITORING REQUIREMENTS
Upstream Location: 50 feet upstream of the outfall
Downstream Location: 50 feet downstream of the outfall
Parameters: Temperature
Special instream monitoring locations or monitoring frequencies:
MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS
AdNcluacy of Existing Treatment
Has the facility demonstrated the ability to meet the proposed new limits with existing treatment
facilities? Yes No
If no, which parameters cannot be met?
Would a "phasing in" of the new limits be appropriate? Yes No
If yes, please provide a schedule (and basis for that schedule) with the regional
office recommendations:
If no, why not?
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.

Grlt�y �Yl ncs &{e ii701R/ a. P�,��'f- /JC0O335-70
ACUTE TOXICITY PASS/FAIL MONITORING (ANNUAL)
The permittee shall conduct annual toxicity tests using protocols defined in the North Carolina
Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single
Effluent Concentration." The monitoring shall be performed as a Fathead Minnow Pime hales
promelas) 24 hour static test, using effluent collected as a 24 hour composite. The effluent
concentration defined as treatment two in the North Carolina procedure document will be 90% .
Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The
permittee will conduct one test annually, with the annual period beginning'in January of the
calendar year of the effective date of the permit. The annual test requirement must be performed
and reported by June 30. If no discharge occurs by June 30, notification will be made to the
Division by this date. Toxicity testing will be performed on the next discharge event for the.annual
test requirement.
The parameter code for this test is TGE6C. All toxicity testing results required as part of this
permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it
was performed, using the appropriate parameter code. 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 Rd.
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 test data from either these monitoring requirements 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.
Failure to submit suitable test results will constitute noncompliance with monitoring requirements.
7a(0 0, % c
6
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AAM PIF Fathead 24 Version 10191

State of North Carolina
Department of ErMronnnent, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street a Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Mr. L. E. Dotson
P. 0. Box 689
Kings Mountain, NC 28086
Dear Mr. Dotson:
George T. Everett, Ph.D.
Director
July 30, 1990
Subject: Permit- No. NCO033570
Cyprus Foote Mineral Company
Cleveland County
In accordance with your application for discharge permit received on April 2,
1990, we are forwarding herewith the subject State - NPDES permit. This permit is
issued pursuant to the requirements of North Carolina. General Statute 14.3-215.1 and
the Memorandum of Agreement between North Carolina and th.e 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 11666, Raleigh, North Carolina. 27604. Unless such demand is made,
this decision shall be final and binding.
Please take notice that 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 Environmental. Management or permits required
by the Division of Land Resources, Coastal Area Management: llct or. any other Federal or
Local governmental permit that may be required.
If you have any questions concerning this pe.rm:i.t, pin.nso contact Mrs. Rosanne
Barona at telephone number 919/733-5083.
i id SaW- (0r
George T. F.vnr(c t-.I.
cc: Mr. Jim Patrick, EPA
n_
��slzevl^le _R_e•g�_on-a-l-0ff`i`cc -� �� •.,- -
Pollzudon Pmwenflon Pays
P.O. Box 27687, Raleigh, Norris Carolina 27611-7687 Telephone [phone]
\, .'i '�iiii7`n<.`i�l£ :�._POr' Employer

Perm.. -,o. NCO033570
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
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,
Cyprus Foote Mineral Company
is hereby authorized to discharge wastewater from a facility located at -
a site on NC Highway 216
Kings Mountain
Cleveland County
to receiving waters designated as Kings Creek and an unnamed tributary to Kings Cr. in the Broad
River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth:in -
Parts I, II; and III hereof.
This permit shall become effective September 1, 1990
This permit and the authorization to discharge shall expire at midnight on November 30, 1992
Signed this day July 30, 1990
000" si� BY
.Owald Satrit for
George T. Everett, Director
Division of Environmental"Management
By Authority of the Environmental Management Commission

Permit No. NC00 3 3 570
SUPPLEMENT TO PERMIT COVER SHEET
Cyprus Foote Mineral Company
1 . Continue to operate facilities for utilities discharge (outfall 001 - Kings Creek), continue to
operate mine dewatering settling basin (outfall 002 - Kings Creek) and is authorized to discharge
impoundment basin water (outfa11003 - unnamed tributary to Kings Creek) from an existing
system located at a site on NC Highway 216, Kings Mountain, Cleveland County (See Part III
of this Permit), and
2 Discharge from said treatment works at the location specified on the attached map into Kings
Creek and an unnamed tributary to Kings Cr. which is classified Class C waters in the Broad
River Basin.

UMTED STATES
•.6a DEPARTME I\j )F THE INTERIOR
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A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL
Pcrnnit Ncl. NCO033570
During the period beginning on the effective date of the pen -nit and lasting until expiration, the Permittee is authorized to discharge fronn
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring- fIL,quir- eiiiernts
Lbs/day. Units �s ep city_l Measurement_ 13airti�_le
Mon. Avg. Daily Max Mon. Avg. daily Max_ Frequency 1y12e
Flow
Oil and Grease
Total Suspended Solids
Total Copper
Iron
Temperature
*Sample locations: E - Effluent
0,1 23 MGD
15.0 mg/I
20.0 mg/I
30.0 mg/I
100.0 mg/I
0.05 mg/I
0.07 mg/I
6 i
3.0 mg/I
8 c
Daily
2/Month
2/Month
2/Month
2/Month
Weekly
1slanlalloow;
i �l alp
c��ah
'5,amile
l ocation
f-
E
l=
E
t-
** The temperature of the effluent shall be such as not cause a temperature increase in the receiving stream of nuli�, (han :�. t"c 'and in ne) easc
cause the ambient water temperature to exceed 29°C.
THERE SHALL BE NO CHROMIUM, ZINC OR COPPER ADDED TO THE COOLING WATER.
The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any birx.ide in the cooling water (See
Part IIl of this permit).
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored week]) ;il the efl lucnt by gi;ii)
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Pci nnit M). NCO033570
During the period beginning on the effective date of the permit and lasting until expiration, the Pemnittee is ,iuthoriz(-(1 to discharge from
outfall(s) serial number 002. Such discharges shall be limited and monitored by the pennittee as specified below:
Efflueni Characteristics Discharge Limitations
Lbs/day. Units (specify)
Mon. Avg. Daily Max Mon. Ava, Daily Max.
Total Suspended Solids
Lithium
Fluoride
pH
* Kings Creek at Weir No. 7
Monitoring )leduireinents
Measurement Sample 'Sample
.EMI! ency 1 yhe Location
Monthly (;I a
Monthly ('11A)
Monthly c;iah
Monthly (.imh
Cyprus Foote Mineral Company shall comply with water quality standards for Kings Creek as established by Title 15 NCAC 2B .0211.
Cyprus Foote Mineral Company is authorized to continue the operation of a recycling wastewater treatment facility serving the Company's
Mineral Plant consisting of a 50 acre tailings pond which overflows to South Creek Reservoir from which water is pumped to a 2.0 MG
capacity storage pond for plant process water. There shall be no regular discharge to Kings Creek. Intermittent overflows from South Creek
Reservoir may occur only when wet weather causes South Creek Reservoir flows to exceed recycling capabilities.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL
Perinit No. NCO033570
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 003. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Heouirements
Lbslday. Units (specify) Measurement Sample 'Sample
Mon. Ava, Daily Max Mon. Ava. Daily Max. Frequency TVpee Location
Flow Discharge Event Pump I ogs E
Temperature Weekly (rah F, U. D
Total Residual Chlorine— Wnnkly 01 1
THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER.
*Sample Locations: E - Effluent, U - Upstream, D - Downstream
**The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of inure than 2.8"C and in
no case cause the ambient water temperature to exceed 29°C.
***Monitoring requirements only apply if chlorine is added to the cooling water.
The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any hio( 0c. in the ccx�lin f, wider (See
Part III of this Permit).
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the c:l'l'luent by gt air
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

PART I
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the
permit unless specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of
compliance, the permittee shall submit either a report of progress or, in the case of specific
actions being required by identified dates, a written notice of compliance or noncompliance.
In the latter case, the notice shall include the cause of noncompliance, any remedial actions
taken, and the probability of meeting the next schedule requirements.

Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of Environment, Health
and Natural Resources.
3. EMC
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,
33 USC 1251, et. seq.
5. 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.

Part II
Page 2 of 14
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.
6. 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 thearithmetic 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 nermit_
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.

Part II
Page 3 of 14
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.
7. 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.
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.
8. Types of Samples
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.
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.
9. 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.

Part H
Page 4 of 14
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.
10. Calendar Day
A calendar day is defined as 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.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant
to Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water
Act.
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is ground 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 within the time provided in
the regulations that establish these standards or prohibitions, even if the permit has not
yet been modified to incorporate the requirement.
b. 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: 40
CFR 122.41(a)]

Part II
Page 5 of 14
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power
Failures" (Part II, B-6), 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. R=erty 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.
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.

Part II
Page 6 of 14
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 later than 180 days prior to the expiration date. Any discharge that has not requested
renewal at least 180 days prior to expiration, or any discharge 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 yepresentative 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.

Part H
Page 7 of 14
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 believe, 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.
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 15 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 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, 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. The permittee shall notify the Division's Operator Training and Certification Unit
within five days of any change in the ORC status.

Part 11
Page 8 of 14
2. Proper Qperation 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.
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 II, 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;

Part H
Page 9 of 14
(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.
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. Affect 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 (3) of this condition 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:
(a) An upset occurred and that the permittee can identify the cause(s) of the upset;
(b) The permittee facility was at the time being properly operated; and
(c) The permittee submitted notice of the upset as required in Part II, E. b: (b) (B) of
this permit.
(d) The permittee complied with any remedial measures required under Part II, 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.

Part II
Page 10 of 14
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be 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, and with applicable 40 CFR
Part 503 Standards for the Use and Disposal of Sewage Sludge when promulgated. Upon
promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for
the disposal of sludge may be reopened and modified, or revoked and reissued, to
incorporate applicable requirements at 40 CFR Part 503. 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 DEM
Regulation, Title 15, North Carolina Administrative Code, Subchapter 211, .0124
Reliability, to prevent the discharge of untreated or inadequately treated wastes during
electrical power failures either by means of alternate power sources, standby generators or
retention of inadequately treated effluent.
SECTION D. MONITORING AND RECORD
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.
Monitoring results obtained during the previous month(s) shall be summarized for each
month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No.
MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, 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 Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 27687
Raleigh, North Carolina 27611

Part It
Page 11 of 14
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.
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.
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 Tampgri g
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.
6. Records Retention
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.

Part II
Page 12 of 14
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative, 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, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
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).
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.

Part 1I
Page 13 of 14
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 II. D. 2. of this permit).
b. If the permittee monitors any pollutant more frequently than required by the permit,
using test procedures specified in Part II, D. 4. of 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.
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.
(A) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(B) Any upset which exceeds any effluent limitation in the permit.
(C) 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 II. E. 5
and 6. of this permit at the time monitoring reports are submitted. The reports shall contain
the information listed in Part H. 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.

Part 11
Page 14 of 14
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.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 15 days following first knowledge of the occurrence.
10. Availabili , 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 Environmental Management.
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.

PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of Environmental Management
and written approval and Authorization to Construct has been issued.
B . Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the compliance
of this NPDES permitted facility with the current groundwater standards.
C. 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.
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 III
Permit No. NCO033570
D. The permittee shall not use any biocides except those approved in conjunction with the per ni_
application. The permittee shall notify the Director in writing not later than ninety (90) days prior
to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic
life other than those previously reported to the Division of Environmental Management. Such
notification shall include completion of Biocide Worksheet Form 101 and a map locating the
discharge point and receiving stream.
E. Any actions or functions performed by the pe='ttee that adds phosphorous to mine waters are
prohibited by the Permit.

PART IV
ANNUAL ADMINISTERING AND COMPLIANCE FEE REQUIREMENTS
A. The permittee must pay the annual administering and compliance fee within 30
(thirty) days after being billed by the Division. Failure to pay the fee in a
timely manner in accordance with 15 NCAC 2H .0105(b)(4) may cause this Division
to initiate action to revoke the permit.

TO: PERMITS AND ENGIIXRING UNIT
• WATER QUALITY SECTION
DATE: May 15, 1990
NPDES STAFF REPORT AND RECOMMENDATION
COUNTY Cleveland
PERMIT NUMBER NC0033570
PART I - GENERAL INFORMATION
1. Facility and Address: Cyprus; Foote Mineral Company
P. O. Box 689
Kings Mountain, N. C. 2808-6
2. Date of Investigation: August 2, 1989
3. Report Prepared By: Jim Reid
4. Persons Contacted and Telephone Number: S. K. Peeler
704/739-2501
5. Directions to Site: From the intersection of highways US 74 and US
216 in Kings Mountain, travel south on NC 216 approximately 0.9
mile on NC 21.6.
6. Discharge Point(s), List for all discharge points:
Pike 001 Pipe 002 Pike 003
Latitude: 350 12' 40" 350 12' 51" 350 12' 58"
Longitude: 810 21_' 12" 810 21' 1.7" 810 21' 08"
7. Size (land available for expansion and upgrading): Acres, 20 or
more.
8. Topography (relationship to flood plain included): Complex slopes
(due to mining activities) above f_l.oad plai.n.
9. Location of nearest dwelling: >500 feel-..

i 0
10. Receiving stream or affected surface waters: Kings Creek
a. Classification: C
b. River Basin and Subbasin No.: 030805
c. Describe receiving stream features and pertinent downstream
uses: Agricultural.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of wastewater: % Domestic
100 % Industrial
a. Volume of Wastewater: 001 - 0.123 MGD boiler blowdown/cooling
water.
002 - unspecified MGD stormwater
overflows from inorg. sol. set.
basin.
003 - Unspecified MGD stormwater from
second) recirc. inorganic sol.
set. basin serving chemical
plant.
b. Types and quantities of industrial wastewater: 0.123 MGD
boiler blowdown/cooling water.
C. Prevalent toxic constituents in wastewater: None known.
d. Pretreatment Program (POTWs only):
in development approved
should be required not needed
2. Production rates (industrial discharges only) in pounds per day:
3. Description of industrial process (for industries only) and
applicable CFR Part and Subpart:
4. T=ype of treatment (specify whether proposed or Existing):
001-untreated boiler blowdown/cooling water, 002-inorganic solids
settling basin discharging stormwater overflows, 003-inorganic
solids settling basin discharging stormwater/groundwater
overflows.
5. Sludge handling and disposal scheme: Solids are dredged from
inorganic sol. set. ha.si.ns and t.ised as fill material in mining
reclaim areas.

1 0
6. Treatment plant classification: Less than 5 points; no rating
(include rating sheet). I
7. SIC Codes(s): 1481 1081
Wastewater Code(s): Primary 41 16 14 Secondary
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant funds
(municipals only)?
2. Special monitoring requests:
3. Additional effluent limits requests:
4. Other:
PART IV - EVALUATION AND RECOMMENDATIONS
Modification of permit NC0033570 to add pipe 003,
stormwater/groundwater overflows from chemical plant tailings pond
is recommended.
ignature of Report Preparer
/v t
`(r�Qua ty gional Supervisor
Date

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Asheville Regional,.Office
State of North Carolina ,Asheville, North Carolirla
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor 4/30/90 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Mr. L. E. Dotson
Cyprus Foote Mineral Subject: NPDES Permit Application
PO Box 689 NPDES Permit No . NC0033570
Kings Mountain, NC 28086 Cyprus Foote Mineral
Dear Mr. Dotson : Cleveland County
This is to acknowledge receipt of the following documents on April 2, 1990:,
Application Form
Engineering Proposal (for proposed control facilities),
Request for permit renewal,
Application Processing Fee of $250.00,
Other ,
The items checked below are needed before review can begin:
Application Form ,
Engineering proposal (see attachment),
Application Processing Fee of
Delegation of Authority (see attached)
Biocide Sheet (see attached)
Other
If the application is not made complete within thirty (30) days, it will be
returned to you and may be resubmitted when complete.
This application has been assigned to Rosanne Barona
(919/733-5083) of our Permits Unit for review. You wi e advised ot any
comments recommendations, questions or other information necessary for the
review of the application.
I am, by copy of this letter, requesting that our Regional Office
Supervisor prepare a staff report and recommendations regarding this
discharge. If you have any questions regarding this applications,
please contact the review person listed above.
Sincerely,
k�4�� Aa-��
CC: Asheville Regional Office M. Dale Overcash, P.E.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O. BOX 27687, RALEIGH, NC 27611_
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION NUMBER
APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C FOR b 3 3 5 `7
AGENCY
USE DATE RECEIVED
To -be filed only by persons engaged in manufacturing and mining O 54 O Z
YEAR M0. DAY
N.2to. Zn5
,� asa.aa
Do not attempt to complete this form before reading accompanying instructions
Please print or type
1. Name, address, location, and telephone number of facility producing discharge
A , Name _ Cyprus Foote Mineral Company
B. Mailing address
1. Street address • Post Office Box 689
2. C i ty Kings Mountain 3. State North. Carolina
4. County Cleveland 5. ZIP 28086
C. Location:
1. Street Jct. I85 & NC161, Southbound Service Road
2. City Kings Mountain 3. County Cleveland
4. State North Carolina
D. Telephone No. [phone]
Area
Code
2, SIC L_f_ Lj__j
(Leave blank)
3. Number of employees . 55
If all your waste is discharged into a publicly owned waste treatment facility
and to the best of your knowledge you are not required to obtain a discharge
permit, proceed to item 4, Otherwise proceed directly to item 13.
4. If you meet the condition stated above, check here o and supply the information
asked for below. After completing these items, please complete the date, title,
and signature blocks below and return this form to the proper reviewinq_ office
without completing the remainder of the form,
A. Name of organization responsible for receiving waste
B. Facility receiving waste:
1. Name
2. Street address
3. City 4. County
5. State 6. ZIP
5, CKPrincipal product, Draw material (Check one) Lithium minerals and chemicals
'6. Principal process Mining and mineral flotation
7. Maximum amount of principal product produced or raw material consumed per (Check one)
Amount
Basis
1-99
100-199
200-499
500-999
1000-
5000-
10,000-
50,000
4999
9999
49,999
or more
(1)
(2)
—
(3)
(4)
(5)
(6)
(7)
(B)
A. Day
x
B. Month
C. Year
---f
-X —11
X
PREVIOUS EDITION MAY BE USED UNTIL SUPPLY IS EXHAUSTED

(I. Hnxlmum nmounl. of princiIioI prndur.I. producrd or rnw mah-rIoI rnn,.uuu•d, rr•lu)rl(.rp
In ILem /, above, is measured in (Check une);
A. ❑ pounds B.E)tons C. ❑ barrels D. ❑ bushels E. ❑ square feet
F.❑ gallons G.❑ pieces or units H.o other, specify
9. (a) Check here if discharge occurs all year iN, or
(b) Check the month(s) discharge occurs:
I. ❑ January 2. ❑ February 3. ❑ March 4. ❑ Apri 1 5. ❑ May 6. ❑ June
7.❑ July B.❑ August 9.0 September 10.0October 11.0November 12.0 December
(c) Check how many days per week: 1.01 2.❑ 2-3 3.❑ 4-5 4.❑ 6-7
10. Types of waste water discharged to surface waters only (check as applicable)
Flow, gallons per operating day
Volume treated before
Discharge per
discharging (percent)
0.1-999
1000-4999
5000-9999
10,000-
50,000-
None
0.1-
30-
65-
95-
operating day
49,999
or more
29.9
64.9
94.9
100
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(B)
(9)
(10)
A. Sanitary, daily
average
B. Cooling water, etc.
daily average
C. Storm and
Groundwaters
X
I. Maximum per operat-
ing day for total
discharge (all types)
X
11. If any of the three types of waste identified in item 10, either treated or untreated,
are discharged to places other than surface waters, check below as aoolirahlp
Waste water is
discharged to:
Average flow, gallons per operating day
0.1-999
(1)
1000-4999
(2)
5000-9999
(3)
10,ODO-49,999
(4)
50,D00 or more
(5)
A. Municipal sewer system
B. Underground well
C. Septic tank
D. Evaporation lagoon or pond
E. Other, specify
IL, numoer of separate discharge points: A.cxl B.❑ 2-3 C.❑ 4-5 D.❑ 6 or more
13. Name of receiving water or waters Mill Creek
14. Does your discharge contain or is it possible for your discharge to contain
one or more of the following substances added as a result of your operations,
activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium,
chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and
grease, and chlorine (residual). A.❑ yes B ono
I certify that I am familiar with the information contained in the application and
that to the best of my knowledge and belief such information is true, complete, and
accurate.
T,. F. no son OperaManaq6�
PrintNe of hrso n Signing Title
Date Ap licat on Signed S' t Ir
e of Applic n
North Carolina General Statute 143-215 6(b)(2) provides that: Any person wlio knowingly makes
any false statement representation, or certification in any application, record, report, plan,
or other document files or required -to be maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, or who falsifies, tampers with,
or knowly renders inaccurate any recording or monitoring device or method required to be
operated or maintained under Article 21 or regulations of the Environmental Management Commission
implementing that Article, shall be guilty of a misdemeanor pumishable by a fine not to exceed
$10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provideL
a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both,
for a similar offense.)

�'l �./ElR. co33s�0
J

1'
CHE2,11CAL 'PLANT TAILINGS WATER
Sample 'of '2=19=90
'Sample 'of 3=5-90
pH
8.8
8.8
Ca,
ppm
200
180
Na,
ppm
600
610
Li,
ppm
100
100
Sp4,
ppm
2;800
2,600
TDS,
ppm
3,600
3,600

to forwarded
s Raleigh: 5/30/85
a Permit No. NCO033570
STAFF REPORT AND RECOMMENDATIONS
PART I - INSPECTION OF FACILITY
P1ace Visited: Foote Mineral Company
2..,,Date Visited: June 22, 1983
;James R. Rei
4.-.PersonsJ ontacted: Jack Eaker
'rz� 5. =Directions to Site: `Foote'_Mineral Company is located on.the service
,road .h� ch connects with NC ",Hwy 161.. just north `of the i nterseci.on�,of .the.
� *esi-boiand ramp : of I 85 and _NC Hwy _7 61 south of Kings :Mountain i n .Cleveland County.
6. Latitu. ';and Longitude of the :'Discharge
Latitude:° i�� nnil _
1 �, Yong tude �o -21 ' 10"
7. ze:;
t,
25...acres =
$. Topography varied :.bevel areas bounded by various inclines•
Location of Nearest -DwelIing:
Approximately 1000 feet
10. Receiving Stream:- Kings Creek
(a) Classification: C
(b) Sub -basin: 03=08-05
.(c) Attach map indicating location of discharge point.
PART -II -.DESCRIPTION OF DISCHARGE
1. Type . of Wastewater: Utilities Discharge (pipe 001)- consists of
boiler washdown and condensate from generation of steam. Mineral. Plant
Discharge (pipe 002) - occasional overflows from an inorganic solids
settling basin and recycle system caused by rainfall.

-2-
2. Volume of Discharge: Utilities Discharge (001) - 123,000 gpd
Mineral Plant Discharge (002) - N/A
3. Production Rates and Major Processes. (If industrial, guidelines
are based on production.)
4. Description of Treatment Facility/Class:
Utilities Dischar a (001) - Cooling water and boiler blow -down
Mineral Plant 002 - Inorganic solids settling basin; occasional over-
flows of supernatant caused by stormwater. - Class I.
5. Sample Locations:
U-
D-
I-
E - Utilities Dischar a (001) - Discharge pipe
Mineral Plant 002 - #7 weir
6. 4-Digit SIC Code:
PART III - OTHER PERTINENT INFORMATION:

ri
- 3-
PART IV - RECOMMENDATIONS
Renewal of NPDES Permit Number NC0033570 is recommended. In accordance
with the request contained in Foote Mineral Company's renewal letter,
the Regional Staff further recommends that the company's two NPDES per-
mits be consolidated. Information on cooling tower additives will be
forwarded upon receipt.

A. (i). EFFLUENT LIMITATIONS:;AND MONITORING RE
QUIREMENTS_FINAL
During the.. period beginning on the effective date of t
permittee is authorized to discharge from outfall(s) serialenumber(s)lastin until
Such discharges shall; be limited and monitored by the permittee as s ec g^ expiration, the
Effluent Characteristics P ified�below:.
_Discha_ rae Limit�ns
Monitoring Requirements
Kg/day:+..
(1bs/day) �•
Daily Avg, Daily Max. Other Units (Specify)
Dail qv ;Measurement Sample Sampi
y g .. pa Y Max, p
• N/A
Freq---- e--n�y
N/A
(See Below) *
Foote Mineral Company is.authorized to continue
`the o
facility serving the Company's Mineral Plant consistiri peration 6f a;recycling.ciastewater treatment
South Creek Reservoir from which wader is pumped to a 2.0 -A ca`acre tailings
e
water. There shall be no regular water
is e.. pond which overflows to
Reservoir may occur only when wet weather causes South Creek•Ree ty g pond for plant process
g ,to Kings.:Creek..,Infermittenr overflows from South Creek
rvoir flows to exceed recycling capacities.
*Foote Mineral Company shall continue monitoring of Kings:..Creeic.'at
monthly for the following parameters: p weir No. 7 by taking grab samples
Total Suspended Solids, ,Li thium,:,Fluoride,:and.pH. Foote
Mineral Company shall comply with Water Quality Standard for Kings Creek as established
15 North Carolina Administrative Code 2B .0211, whit the;except16n of the'Fluoride stand
Environmental Management Commission Order dated Jul $ by Title
the fluorides in the receiving stream to exceed a monthly average oft m /1 or a ndard. The
Y , 1982, Foote Minieral Company shall not cause
of 4 mg/l.
g n instantaneous maximum
The pH shall not be less than N/A
standard units. nor greater th
There shall be no discharge of floating solids
or visible foam in other
n ro a
O J. `"
C O c+ �-
H
C o
N/A standard units.
u
than trace amounts..

DIVISION OF ENVIRONMENTAL MANAGEMENT
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
May 30, 1985
MEMORANDUM
TO: Arthur Mouberry, Supervisor
Permitting and Engineering Unit
THROUGH: Forrest R. Westall,. .
Regional Engineer
FROM: James R. Reid,
Environmental Chem. try Consultant
SUBJECT: NPDES :Permit Renewal.
Foote Mineral Company
Cleveland. County, North.Carolina
FootenerallCompany.has two NPDES wastewater discharge=permits.
The permit for .the 'ut`i 1 ities. pl ant' (NPDES..No. NCO033570) ,expires Decem-
ber 3T;':1985:.; `.The company'requested renewal of the.'utilities plant permit
on May 171,:1985,-and concurrently asked.that`their NPDES permits be consoli-
-dated to reduce::data, handling and monitoring records processing associated
with their NPDES permits.
The Asheville Regional Staff supports Foote Mineral Company's request
to consolidate-their-NPDES permits, since this would reduce DEM staff time
required for:processing.,.handling, .and filing data submitted in accordance
with the company's.monitoring programs. Also, staff time in processing,'NPDES
.renewal. requests -would -,be -reduced by consolidation of !the,two.NPDES permits -
held by Foote Mineral Company.
Asheville`'Regional personnel., in accordance with the attached "Staff.
Report and Recommendations," and in answer to Mr. S. K. Pecler's letter of
May 17, 1985, request that:
Foote Mineral Company's NPDES Permit Number NCO033570 be re-
'newed. At.the same time, please consolidate the mineral plant
discharge (NPDES Permit Number NC0004146) into the renewal permit
as pipe 002, limited in accordance with the "Effluent Limitations
and Monitoring Requirements -Final" page of NPDES Permit Number
NC0004146 revised August 24, 1982. (Copy attached.) After con-
solidation, void NPDES Permit Number NC0004146, held by Foote
for operation of their mineral plant's wastewater treatment plant.
Conversation with Foote Mineral Company personnel revealed that the dis-
charge from the utilities plant contains some biocides and water conditioning
chemicals due to cooling tower bleed off. Information on these additives has
been requested, and will be forwarded upon receipt.
/pf

aye ' '� RECEIVED
`a Water Quality Division
MAY 24 19B5
State of North Carolina Western Regional Office
Department of Natural Resources and Community Developfit, North Carolina•
512 North Salisbury Strect • Raleigh, North Carolina 27611
James G. Martin, Governor Ll, ' l9W S. Thomas Rhodes, Secretary
r'Ir. S. K- 1Pee4e,
pfa.►t Ue...•st
o: /sox 71Z
Subject:
Dear
Application for NPDES Permit No..Akoo33r )
County
arc• .
Receipt of the following documents. is hereby acknowledged:.
Application' Form
Engineering Proposal (for proposed control facilities)
.Request for permit enewal
-other Rc%LC-t ',�c n/P J P .'>< Apr:. 4-oo a ���
APPRe •k Fr"ess;*^5 fee of .rod-oo'.
If any of the items listed below are checked, the application received is in-
complete and'the indicated-item(s) must be received before review can begin:
Application Form (copies enclosed)
Engineering Proposal (See (b) 1-5 on attached)
Other
If the application is not made complete within thirty (30) days, it.will be returned
to you and may be.resubmitted when complete.
This application has been assigned to 261e Am-c4sc
(919/733-5083) of our Permits Unit for .review and preparation of a draft permit.
Once the permit is drafted, public notice =qt be -issued for forty-five (45) days
prior to final action on the issuance -or denial of the permit. You will be advised
of any comments, recommendations, questions or other information necessary for the
review of the application.
I am, by copy of this letter, requesting that our Regional' Office Supervisor
prepare a staff report and recommendations regarding this discharge. -If you have
any questions regarding this application, please contact the review person listed
above.
Sincerely yours,
Arthur Mouberry, P.E.
r
Supervisor, Permits and Engineering
cc: Regional Supervisor
An Equal Opportunity / Affirmative Action Employer

4
d� 49
4
FOOTE MINERAL COMPANY
P.O. Box 792 Kings Mountain, North Carolina 28086
May 17, 1985
MAY ti 0 1985
Mr. Paul Wilms, Acting Director �, of icily'r�r'�>y
N.C. Department of Environmental Management kiA%L
Post Office Box 27687 0 7,
Raleigh, North Carolina 27611-7687
Reference: Renewal of NPDES Permit No. NC 0033570;
Expires December 31, 1985;
Cleveland County
Dear Mr. Wilms:
This is to request renewal of NPDES Permit Number NC 0033570
that allows discharges from our utilities operation into Kings
Creek. There are no changes proposed for this permit. A
check in the amount of $100 is enclosed as payment of the
renewal fee for a discharge in excess of 50,000 gallons per day.
It is also requested that our NPDES Permit Number NC 0004146,
which expires April 30, 1986, be renewed and combined with
NC 0033570 since it will simplify the renewal of these permits
in the future.
Please advise if your office requires any additional information
concerning these requests.
Sincerely,
FOOTE MINERAL COMPANY
S. K. Peeler
Plant Chemist
SKP : j s
Enclosure
cc: Mr. James R. Reid
Asheville Regional Office
N.C. Department of Environmental Management
P. 0. Box 370
Asheville NC 28802
nAAY 21 1985
PERMITS & ENGINEERING

0
FACILITYU�
COUNTY l�� �C U CLASS
MAILING ADDRESS
oGs fG'k ' /Ko Vp
U
RESPONSIBLE
OFFICIAL
TELEPHONE NO.�
WHERE LOCATED
NPDES PERMIT NUMBER NC
STATE FEDERAL
DATE ISSUED
EXPIRATION DATEa
C
FACILITY OPERATOR
REPRESENTATIVE
%O q - '73c% - 2 SC1
CERT. NUMBER
CLASS
OTHER PERMIT NO.
DATE ISSUED
STREAM: NAME %�r' Aef S 00 2 rA�,£r2,_0
CLASS � J
7Q10 0 /= -S 3� ep
SUB -BASIN
9

! r
if
Date April 7, 1989
NPDES STAFF REPORT AND RECOMMENDATIONS
County Cleveland
NPDES Permit No. NCO033570 and WQ0001408
PART I - GENERAL INFORMATION
1
2.
0
21
Facility and Address: Cyprus Foote Mineral Company (formerly
Foote Mineral Company)
P.O. Box 689
Kinds Mountain, NC 28086
Date of Investigation: September 22, 1988
Report Prepared By: Jim Reid
Persons Contacted and Telephone Number:
S.K. Peeler
704-739-2501
i
5-. Directions to Site: From the intersection of highwals US 74
and NC 216 in Kings Mountain, travel south on NC 216 a p:=oximately
0.9 mile on NC 216.
r
6. Discharge Point - Latitude: 350 12' 43"
Longitude: 81 21' 11.5"
Attached a USGS Map Extract and indicate treatmeent plant site and
discharge point on map.
USGS Quad No. or USGS Quad Name_Kings Mountain, NC_
7. Size (land available for expansion and upgrading): acres, 20
or :more
8. Topography (relationship to flood plain included): Complex
slopes (due to mining activities) above flood plain.
9. Location of.nearest dwelling: >500 feet
10. Receiving stream or affected surface waters: Kings Creek
a. Classifications: C
b. River Basin and Subbasin No.: 030805
C. Describe receiving stream features and pertinent downstream
uses: agricultural

PART IjI - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of wastewater: _ % Domestic
100 % Industrial
a. Volume of Wastewater: 0.123 MGD boiler blowdown/coolin
water
unspecified MGD storm water
overflows from inorg. sol. set.
basin
second recirc. inorganic sol. set,
basin serving chemical plant
b. Types and quantities of industrial wastewater: 0.123 MGD
boiler blowdown/cooling water
C. Prevalent toxic constituents in wastewater: none known
d. Pretreatment Program (POTWs only)
in development approved _
should be required not needed
2. Production rates (industrial discharges only) in pounds
a. highest month in the last 12,months
b. highest year :_n last 5 years
3. Description of industrial process (for industries only) and
applicable CFR Part; and Subpart:
4. Type of treatment (specifywhether proposed or existing):
existing, two inorganic solids settling basins one of which
discharges during :storm events and untreated boiler
blowdown/cooling water
5. Sludge handling and disposal scheme: solids are dredged from
inorganic sol. set. basins and used as'fill material in mining
reclaim areas
6. Treatment plant classification: I
7. SIC Code(s) 1481 1081
Wastewater Code(s) 41 16 14

M1 r
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grants Funds
(municipals only)?
2.. Special monitoring requests:
3. Additional effluent limits requests:
4. Other:
PART IV - EVALUATION AND RECOMMENDATIONS Issuance of permits
in the name of Cyprus Foote Mineral Company in accordance with
the Company's request is recommended.
g ature of Report Preparer
r Quality Regional Supervisor

MAR 0 lrj( H
to of North Carolina R
Resources and Community N��180�Aj OFFICE
i of Environmental Management
ry Street e Raleigh, North Carolina 27611
Subj-6ct:
1 2
Dear
R. Paul Wilms
Director
NPDES Permit Application
NPDES Permit No. NC00,­_1­.
ry County
This is to acknowledge receipt of the following documents
Application Form,
Engineering Proposal (for proposed control facilities),
Request for permit renewal, We-
-—'Application Processing Fee of $
Other 7, -7-
The items checked below are needed before review can begin:
Application form (Copy enclosed),
Engineering ProposalSeeAttachment),
Application Processing Fee of.
Other 11
If the application is not made complete -'within thirty (30,) days, :Lt will
be returned to you and may be resubmitted when complete.
This application has been "'assigned to
­/V
(919/733-5083) of our Permits Unit for review. You wil;,,be advised `of
any comments recommendations, questions or other information necessary
for the review of the application.
I am, by copy of this letter, requesting that our Regional Office
Supervisor prepare a staff report and recommendations regarding this
discharge. If you have any questions regarding this application, please
contact the review person listed above.
RECEIVED
J' Arthur
Art ur Mouberry, P.E. Watp.r Quality Section
—Supervisor, Permits and Engineering
cc:
MAR 3 1 1989
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Asheville Re I gional Office
An Equal Opportunity Affirmative Action Employer Asheville, North Carolina

Specialty Metals
Cyprus Specialty Metals Company
Kings Mountain Operations
P.O. Box 689
Kings Mountain, North Carolina 28086
[phone]
FAX [phone]
Ch71,v ��8�
11as0.
3 ao..8q
State Of North Carolina
Department of Natural Resources and Caanunity Development t
Division of Environmental Management
P. O. Box 27687 R EC,
Raleigh, North Carolina 27611
[viA[� 4' 1989
Subject: NPDES Permit Application
NPDES No. NCO033570 PERN-11 it LN 611
Foote Mineral Company - NcVm Change
Cleveland County
Dear Sir,
Please find enclosed our check in the amount of twenty-five (25)
dollars to complete the application for the above permit application.
cc: L. E. Dotson
Cyprus Foote
Sincerely,
F= MINERAL COMPANY
S. K. Peeler
Plant Chemist
FOOTE
LITHIUM 4

BAR
A R o
RAI EIG La.2H PNEGIONAL OFFICE

State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor t ", ;; . ; R. Paul Wilms
William W. Cobey, Jr., Secretary Date: k 19.r ! Director
SUBJECT: Application No. WQ
Dear s
The Divisions Permits and Engineering Unit acknowledges receipt of your permit application and supporting
materials on < E, , 19 y. This application has been assigned the number shown above. Please
refer to this number when making inquiries on this project.
Your project has been assigned to -'! %1 _ ' for a detailed engineering
review. A technical acknowledgement will be forthcoming. If this acknowledgement is not received within thirty (30)
days, please contact the engineer listed above.
Be aware that the Divisions regional office, copied below, must provide recommendations from the Regional Super-
visor or a Procedure Four Evaluation for this project, prior to final action by the Division.
If you have any questions, please call the review engineer listed above at [phone].
CC:
Sincerely
Arthur Mouberry, P.E.
Supervisor, Permits and Engineering
Regional Supervisor
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
it� E C E I V E--D
Witer Quality Section
MAR 2 8 10T9
Asheville f e„ion.,! Office
Asheville, North Carolina

s
x
State of North Carolina
Department of Natural Resources and Comr
Division of Environme
512 North Salisbury Street !,f eigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Mr. S. K. Peeler
Plant Chemist
Cyprus Specialty Metals i
PO Box 689
Kings Mountain, NC 28086
Dear Mr, Peeler:
ft it 6, 1989
rI L
jec 'S No. NCO033570
Padl Wilms
i-"
Cyprus Foote Mineral Company
formerly issued to
Foote MinerZ1 Company
Cleveland County
In accordance with your request received March 17, 1989, we are forwarding
herewith the subject permit now issued to Cyprus Foote Mineral Company. The
only changes in this Permit are in name and ownership. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between North Carolina and the U.S. Environmental
Protection Agency dated December 6, 1983.
If any parts, measurement frequencies of sampling requirements contained in
this permit are unacceptable to you, you may request a waiver or modification
pursuant to Regulation 15 NCAC 2B.0508(b) by written request to the Director
identifying the specific issues to be contended. Unless such request is made
within 30 days following receipt of this permit, this permit shall be final and
binding. Should your request be denied, you will have the right to request an
adjudicatory hearing.
Please take notice that this permit is not transferable. Part II, D.3.
addresses the requirements to be followed in case of change in ownership or
control of this discharge.
Continued...
Water Qualify Se;.tion
�PR 1 0 19069
,Asheville Ret i:ar i ., ce
,Asheville, idorih Carolina
P.O.- fox 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
� o i
An Equal Opportunity. -Affirmative Action Employer

This permit does not affect the legal requirement to obtain other permits
which may be required by the Division of Environmental Management 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 Mr. Mack
Wiggins, at telephone number 919/733-5083.
Sincerely,
Original Signed By
ARTHUR MOUBERRY
For.
R. Paul Wilms
cc: Mr. Jim Patrick, E.P.A.
W1e. :L�y 1 Superwu"g-;r
Central Files

f
Permit No. NCO033570
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
P E R M I T
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions 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,
Cyprus Foote Mineral Company
is hereby authorized to discharge wastewater from a facility located in
Kings Mountain
Cleveland County
to receiving waters designated as Kings Creek in the Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other.
conditions set forth in Parts I, II, and III hereof.
This permit shall become effective April 6, 1989
This permit and the authorization to discharge shall expire at midnight on February
28, 1991
Signed this day April 6, 1989
Qrig'"af Siff -d By
ARTHUR MOUSERW
For.
R. Paul Wilms, Director
Division of Environmental Management
By Authority of the Environmental Management Commission

Permit No. NC0033570
SUPPLEMENT TO PERMIT COVER SHEET
Cyprus Foote Mineral Company
is hereby authorized to:
1. Continue the operation of facilities as may be required to comply with the
effluent limits contained herein for outfall 001 (Utilities Discharge)
located in Kings Mountain, Cleveland County (See Part III of this Permit),
and
2. Continue the operation of the recycling type wastewater treatment facility
which discharges from outfall 002 (Mineral Plant Discharge) located in
Kings Mountain, Cleveland County (Subject to Part III of this permit), -and
3. Discharge from said treatment works at the location specified on the
attached map into Kings Creek which is classified Class "C" waters in the
Broad River Basin.

N

A. (1)- EFFLUENT LIMITATIONS
AND MONITORING REQUIREMENTS Final
During the period
beginning on the
NPDES No.
NC0033570
effective date
Permittee is authorized to discharge from outfall(s)
discharges
of the permit and last' nguntil
serial
expiration the
shall be
number(s) 001
limited and monitored by the Permittee
Utilities Effluen
t• Such
as specified below:
Effluent Characteristics
Discharge Limitations Monitor" n o Rean,'
Lbs da Other Units (Specify)
[its
Daily
AvR. Dail Max, ) Measurement
D� Avt�. Daily Mag,
Sample
ale
Flow
Fregnency
—TypLe
Location
Oil and Grease
Total Suspended Solids
0.123 MGD
15.0 mg/l
Daily
20.0 mg/l
Instantaneous E
Total Copper
30.0 mg/1
2/month
100.0 mg/1 2 month
/
Grab
E
Iron
0.05 mg/1
0.07 mg/l 2/month
Grab
Grab
E
Discharge Temperature (OF)
**.0 mg/1
3.0 mg/1 2/month
Grab
E
Weekly
Grab
E
E
* Sample location: E - Effluent
The temperature of the effluent shall not cause a temperature increase in the receiving stream of more than
50F above ambient stream water temperature, and in no case shall the receiving stream temperature
840F as a result of this discharge. mp ure exceed
THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER.
e
The permittee shall obtain authorization from the Division of Environmental Management prior to utilizin
any biocide in the cooling water (See Part III of this Permit). g
The pH shall not be less than 6.0 standard -units nor greater than 9.0 standard units
monitored weekly at the effluent by grab sample. and shall be
There shall be no discharge of floating solids or vi,,ible foam in other than trace amounts.
M3

A. M . EFFLUENT LIMITATIONS AAID MONITORING REQUIRF119rTT'4 Final
During the period beginning on the effective date of the permit and
Permittee is authorized to discharge from outfall(s) serial number(s) 002
discharges shall be limited and monitored by the Permittee as specified below:
Effluent Characteristics
Discharge Limitations
Lbs da
Daily Avg. Daily Max
N/A
Other Units (Specify)
Daily Avg. Daily Max.
N/A
NPDES No. NCO033570
lasting until expiration, the
Mineral Plant Discharge. Such
Monitoring Requirements
Measurement Sample ale
Frequency Type Location
(See Below)*
Foote Mineral Company is authorized to continue the operation of a recycling wastewater treatment facility serving the
Company's Mineral Plant consisting of a 50 acre tailings pond which overflows to South Creek Reservoir from which water
is pumped to a 2.0 MG capacity storage pond for plant process water. There shall be no regular discharge to Kin s
when wet weather causes South Creek Creek. Intermittent overflows from South Creek Reservoir may occur only g
flows to exceed recycling capacities.k Reservoir
*Foote Mineral Company shall continue monitoring of Kings Creek at weir No. 7 by taking
monthly for the
following parameters: Total Suspended Solids, Lithium, Fluoride, and pH. Foote Mineral Company shallscomply with water
quality standards for Kings Creek as established by Title 15 North Carolina Administrative Code 2B .0211.
The pH shall not be less than n/a standard units nor greater than n/a standard units and shall be
monitored n/a.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
M3

Part I
B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for
discharges in accordance with the following schedule.:
Permittee shall comply with Final Effluent Limitations by the effective
date of the permit.
2. Permi.tt.e.e. shall at al.l times provide the operation and maintenance
necessary to operate the existing facilities at. optirn:rl! efficiency.
3. No later than 14 calendar days following a datf, identified in the above
schedule of compliance, the permittee shall submit either a report of
progress or, in the case of specific actions being required by identified
dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of noncompliance, any remedial
actions taken, and the probability of meeting the next schedule
requirements.

Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. 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 for denial of a permit renewal application.
2. Penalties for Violations of Permit Conditions
Any person who violates a permit condition is subject to a civil penalty not
to exceed $10,000 per day of such violation. Any person who willfully or
negligently violates a permit condition is guilty of a misdemeanor punishable
by a fine not to exceed $15,000 per day of violation, or by imprisonment
not to exceed six months or both.
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize any adverse impact
to navigable waters resulting from noncompliance with any effluent limitations
specified in this permit, including accelerated or additional monitoring as
necessary to determine the nature and impact of the noncomplying discharge.
4. Permit Modification
After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b)
(2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended,
or revoked in whole or in part during its term for cause including, but not
limited to, the following:
a. Violation of any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation or failure to disclose fully
all relevant facts;
C. A change in any condition that requires either a temporary or permanent
reduction or elimination of the authorized discharge; or
d. Information newly acquired by the Division indicating the discharge poses
a threat to human health or welfare.
If the permittee believes that any past or planned activity would be cause for
modification or revocation and reissuance, the permittee must report such
information to the Permit Issuing Authority. The submittal of a new application

Part II
Page 2 of 14
may be required of the-permittee. 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 noncompliances, does not stay
any permit condition.
5. Toxic Pollutants
Notwithstanding Part II, A-4 above, if a toxic effluent standard or prohibition
(including any schedule of compliance specified in such effluent standard or
prohibition) is established under Section 307(a) of the Act for a toxic
pollutant which is present in the discharge, if such standard or prohibition
is more stringent than any limitation for such pollutant in this permit, this
permit shall be revised or modified in accordance with the toxic effluent
standard prohibition and the permittee so notified.
The permittee shall comply with effluent standards or prohibitions established
under Section 307(a) of the Clean Water Act for toxic pollutants within the
time provided in the regulations that establish those standards or prohibitions,
even if the permit has not yet been modified to incorporate the requirement.
6. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, B-3) and
"Power Failures" (Part II, B-6), 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.
7. 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 USC 1321. Furthermore,
the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily
suspended.
8. 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.

Part II
Page 3 of 14
9. Onshore of 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.
10. 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.
11. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reason-
able 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.
SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times maintain in good working order and operate
as efficiently as possible all treatment or control facilities or systems
installed or used by the permittee to achieve compliance with the terms
and conditions of this permit.
2. 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.
3. Bypassing
Any diversion from or bypass of facilities is prohibited, except (i) where
unavoidable to prevent loss of life or severe property damage, or (ii)
where excessive storm drainage or runoff would damage any facilities
necessary for compliance with the effluent limitations and prohibitions of this
permit. All permittees who have such sewer bypasses or overflows of this
discharge shall submit, not later than six.months from the date of issuance
of this permit, detailed data or engineering estimates which identify:
a. The location of each sewer system bypass or overflow;
b. The frequency, duration and quantity of flow from each sewer system
bypass or overflow.

Part II
Page 4 of 14
This requirement is waived where infiltration/inflow analyses are scheduled
to be performed as part of an Environmental Protection Agency facilities
planning project.
The permittee shall report by telephone to either the central office or
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 division from or
bypass of facilities.
4. Upsets
"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. An upset
constitutes an affirmative defense to an action brought for noncompliance
with such technology based permit limitation if the requirements of 40 CFR S
122.41(n)(3) are met.
5. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of
treatment or control of wastewaters shall be 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.
6. Power Failures
The permittee is responsible for maintaining adequate safeguards as required
by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H,
.0124 Reliability, to prevent the discharge of untreated or inadequately treated
wastes during electrical power failures either by means of alternate power
sources, standby generators or retention of -inadequately treated effluent.
SECTION C. 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.

Part II
Page 5 of 14
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
(DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM,
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 Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 27687
Raleigh, North Carolina 27611
3 F1ow.Measurements
Appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to insure the accuracy and,
reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to insure 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.
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, by punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than
six months per violation, or by both.

Part II
Page 6 of 14
6. Records Retention
All records and information resulting from the monitoring activities required by
this permit including all records of analyses performed and calibration and
maintenance of instrumentation and recordings from continuous monitoring
instrumentation shall be retained for a minimum of three (3) years by the
permittee. Thisperiod of retention shall be extended during the course
of any unresolved litigation or if requested by the Division of Environmental
Management or the Regional Administrator of the Environmental Protection Agency.
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 exact place, date, and time of sampling;
b. The dates the analyses were performed;
C. The person(s) who performed the analyses; and
d. The results of such analyses.
8. Right of Entry
The permittee shall allow the Director of the Division of Environmental
Management, the Regional Administrator, and/or their authorized representatives,
upon the presentations of credentials:
a. To enter upon the permittee's premises where an effluent source is located
or in which any records are required to be kept under the terms and
conditions of this permit; and
b. At reasonable times to have access to and copy any records required to be
kept under the terms and conditions of this permit; to inspect any
monitoring equipment or monitoring method required in this permit; and
to sample any discharge of pollutants.
SECTION D. 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. Any anticipated facility
expansions, production increases, or process modifications which will result-

Part II
Page 7 of 14
in new, different, or increased discharges of pollutants must be reported by
submission of a new NPDES application or, if such changes will not violate
the effluent limitations specified in this permit, by notice to the DEM of
such changes. Following such notice, the permit may be modified to specify
and limit any pollutants not previously limited.
2. Anticipated Noncompliance
The permittee shall give notice to the Permit Issuing Authority of any planned
change in the permitted facility or activity which may result in noncompliance
with permit requirements. Any maintenance of facilities, which might
necessitate unavoidable interruption of operation and degradation of effluent
quality, shall be scheduled during noncritical water quality periods and carried
out in a manner approved by the Permit Issuing Authority.
3. Transfer of Ownership or Control
This permit is not transferable. In the event of any change in name, control
or ownership of facilities from which the authorized discharge emanates or is -
contemplated, the permittee shall notify the prospective owner or controller by
letter of the existence of this permit and of the need to obtain a permit in the
name of the prospective owner. A copy of the letter shall be forwarded to the
Division of Environmental Management.
4. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated herein
more frequently than required by this permit, using approved analytical methods
as specified above, the results of such monitoring shall be included in the
calculation and reporting of the values is required in the DMR. Such increased
frequency shall also be indicated. The DEM may require more frequent monitoring
or the monitoring of other pollutants not required in this permit by written
notification.
5. Averaging of Measurements
Calculations for limitations which require averaging of measurements shall
utilize an arithmetic mean unless otherwise specified by the Permit Issuing
Authority in the permit.
6. 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:

Part II
Page 8 of 14
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.
d. Any time that self -monitoring information indicates that the facility has
gone out of compliance with its NPDES permit limitations.
Persons reporting such occurrences by telephone shall also file a written
report .in letter form within 15 days following first -knowledge of the
occurrence.
7. 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 substance(s) (listed
at 40 CFR S 122, Appendix D,•Table II and III) 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; or
(3) Five (5) times the maximum concentration value reported for that
pollutant(s) in the permit application.
b. That any activity has occurred or will occur which would result in any
discharge, on a non -routine or infrequent basis, of a toxic pollutant
(listed at 40 CFR S 122, Appendix D. Table II and III) which is not
limited in the permit, if that discharge will exceed the highest of the
following "notification levels":

8.
E
Part II
Page 9 of 14
(1) Five hundred micrograms per liter (500 ug/1);
(2) One milligram per liter (1 mg/1) for antimony; or
(3) Ten (10) times the maximum concentration value reported for that
pollutant(s) in the permit application.
iration of Permit
Permittee is not authorized to discharge after the expiration date. In order to
receive authorization to discharge beyond the expiration date, the permittee
shall submit such information, forms, and fees as are required by the agency
authorized to issue permits no later than 180 days prior to the expiration date.
Any discharge.without a permit.after the expiration will subject the permittee
to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq.
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

Part II
Page 10 of 14
well field, superintendent, a position of equivalent responsibility,
or an individual or position having overall responsibility for environ-
mental 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 making 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
believe, 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."
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 Environmental Management. 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.
ll..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 six months per violation, or by both.
SECTION E. DEFINITION
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of Natural
Resources and Community Development.

Part II
Page 11 of 14
3. EMC:
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
5. 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 sample and measured, divided by the number
of daily discharges samples 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 "Daily Average" or "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 samples 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 sample 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.

Part II
Page 12 of 14
6. Concentration Measurement
a. The "average monthly concentration," other than .for fecal coliform
bacteria, is the sum of the concentrations of all daily discharges
samples 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" or
"Daily 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. 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.

Part II
Page 13 of 14
7. 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.-
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.
8. Types of Samples
a. Composite Sample: These samples consist of grab samples collected at
equal intervals and combined proportional to flow, a sample continuously
collected proportionally to flow, or equal volumes taken at varying time
intervals. If a composite sample is obtained from grab samples, the
following requirements apply. The intervals between influent grab
samples shall be no greater than hourly. Intervals between effluent grab
samples shall be no greater than hourly except where the detention time
of the wastewater in the facility is greater than 24 hours, in which
case, the interval between grab samples shall be no greater in number of
hours than the detention time in number of days; provided, however, in
no case may the time between effluent grab samples be greater than six
hours nor the number of grab samples less than four during any discharge
period of 24 hours or less.
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.
9. 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.

1
Part II
Page 14 of 14
10. Calendar Day
A calendar day is defined as 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.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116
pursuant to Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of
the Clean Water Act.

PART III
OTHER REQUIREMENTS
A. Previous Permits
All previous State water quality permits issued to this facility, whether for
construction or operation or discharge, are hereby revoked by issuance of this
permit. The conditions, requirements, terms, and provi.siol;s of this permit
authorizing discharge under the National Pollutant Discharge Elimination
System govern discharges from this facility.
B. Construction
No construction of wastewater treatment fac llJ.ties or-)dd.itions thcr.et:o shall
be begun. until Final Plans and Spec ifi.cations have been submitted to the
Division r..f Environmental Management and written approval and Authorization
to Construct has been issued.
C. Certified Operator
Pursuant to Chapter 90A of North Carolina. General Statutes, the pe.rinittee shall
employ a certified wastewater treatment plant operator in responsible charge
of the wastewater treatment facilities. Such operator mwsL hold a. certification
of the grade equivalent to or greater than the classification assigned to the
wastewater treatment facilities.
D. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of
Environmental Management, conduct groundwater monitoring as may be required
to determine the compliance of this NPDES permitted facility with the current
groundwater standards.
E. Limitations Reopener
This permit shall be modified or alternat.i.vely, reevcked and .r.eissu.ed, to comply
with any applicable effluent guideline or water quality stalid.ard issued or
approved under Sections 302(b) (2) (c', arid. (d), 304"b) (2;, and 307(a) (2)
of the Clean Water Act, if the effluent guideline or water quality standard
so issued or approved:
1. contains different conditions or is otherwise iTim-e stringent than any
effluent limitation in the permit; or
2. controls any pollutant not limited in the permit.
The permit as modified or reissued un.der this paragraph. shall also contain any
other requirements in the Act then applicable.

Part III
Permit No. NCO033570
F. Toxicity Reopener
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 stream indicate that detrimental
effects may be expected in the receiving stream as a result of this discharge.
G. The permittee shall not use any biocides except those approved in conjunction
with the permit application. The permittee shall notify the Director in
writing not later than ninety (90) days prior to instituting use of any
additional biocide used in cooling systems which may be toxic to aquatic life
other than those previously reported to the Division of Environmental
Management. Such notification shall include completion of Biocide Worksheet
Form 101 and a map locating the discharge point and receiving stream.

d.*%Wq�
1 Y +y
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
September 24, 1990
Mr. L. E. Dotson, Operations Manager
Cyprus Foote Mineral Company
P.O. Box 689
Kings Mountain, North Carolina 28086
George T. Everett, Ph.D.
Director
Subject: Permit No. WQ0001408
Cyprus Foote Mineral Company
Recycle Wastewater Treatment Facility
Cleveland County
Dear Mr. Dotson:
The Division is in receipt of your request for the subject permit to be rescinded on March 26,
1990. The Company requested that the subject facility be -converted to an NPDES discharge
facility and asked that Permit No. NCO033570 be amended to include the subject facility. This
permit was amended on July 30, 1990. Therefore, per your request, Permit No. WQ0001408 is
hereby rescinded effective immediately. Should you wish at some future time to operate another
system of this type, it will require the issuance of a new nondischarge permit.
If you have any questions concerning this matter, please contact Ms. Carolyn McCaskill at
919/733-5083, ext. 540.
JASincely,
George T.
cc: s IM-75111- 07fen , WOM
Cleveland County Health Department
Central Files w/ attachments
RECEIVED
'Hater Quality Section
SEP 2 6 1990
,Asheville Regional Office
Asheville, Borth Carolina
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
A.. T1......1 ll...,.,�r....: r.. AfF..-..,..r:..e A..r:.... �.....1.....,�

co
^�a'ter
L .r tY
MM 2 5 19b�1
,Asheville Regional Office
,Asheville, Mn' ih Carolina
State of North Carolina
Department of Natural Resources and Community Development:
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Mr. S. K. Peeler
Cyprus Foote Mineral Company
P.O. Box 689
Kings Mountain, NC 28086
Dear Mr. Peeler:
R. Paul \Films
Director
May 23, 1989
Subject: Permit No. WQ0001408
Cyprus Foote Mineral Company
Recycle Wastewater Treatment
Facility
Cleveland County
In accordance with your application received March 20, 1989 , we are forwarding
herewith Permit No. WQ0001408, dated May 23, 1989, to Cyprus Foote Mineral Company for
the continued operation of the subject wastewater treatment facility.
This permit shall be effective from the date of issuance until May 31, 1994, and shall be
subject to the conditions and limitations as specified therein. This permit shall also void Permit
No. 3601.
If any parts, requirements, or limitations contained in this permit are unacceptable to you,
you have the right to request an adjudicatory hearing upon written request within 30 days
following receipt of this permit. This request must be in the form of a written petition, confo=*ng
to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Box 11666, Raleigh, NC 27604. Unless such demands are made this permit shall
be final and binding.
If you need additional information concerning this matter, please contact Mr. Jack Floyd at
919/ 733-5083.
Sincerely,
i� R. Paul Wilms
cc: Cleveland County Health Department
e 1c
Pollution Prevention Pays
` P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
RALEIGH
PERMIT
For the discharge of Sewage, Industrial Wastes, or Other Wastes
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Cyprus Foote Mineral Company
Cleveland County
FOR THE
continued operation of a closed loop recycle system consisting of a 46 acre inorganic solids settling
and impoundment facility including a recirculation pump station to recycle the impoundment basin
water and seepage collection system with pumps to return seepage to the impoundment basin, so
that there shall be no discharge to the surface or groundwaters to serve the Cyprus Foote Mineral
Company's Kings Mountain plant, pursuant to the application received March 20, 1989 and in
conformity with the project plan, specifications, and other supporting data subsequently filed and
approved by the Department of Natural Resources and Community Development and considered a
part of this permit.
This permit shall be effective from the date of issuance until May 31, 1994, and shall be
subject to the following specified conditions and limitations:
1. This permit shall become voidable unless the facilities are constructed in accordance with the
approved plans, specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The facilities shall be properly maintained and operated at all times.
4. This permit is not transferable until such time as the permittee has requested a name
change to a new permittee. Such a request must be accompanied by an application fee,
documentation from the new and current permittees, and other supporting data as may be
appropriate.

5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take such immediate corrective action as may be required by
this Division, including the construction of additional or replacement wastewater treatment or
disposal facilities.
6. Any monitoring deemed necessary by the Division of Environmental Management to insure
surface and ground water protection will be established and an acceptable sampling reporting
schedule shall be followed.
7. The sludge generated from these treatment facilities must be disposed of in accordance with
General Statute 143-215.1 and in a manner approved by the North Carolina Division of
Environmental Management.
8. Within 30 days of issuance of this permit, the Permittee must give notification to the Director
that the Permittee has employed a certified wastewater treatment plant operator to be in
responsible charge of the wastewater treatment facilities. Such operator must hold a
certificate of the grade at least equivalent to the classification assigned to the wastewater
treatment facilities by the Certification Commission.
9. Freeboard in the lagoon shall not be less than two feet at any time.
10. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface or groundwaters resulting from the operation of this facility.
11. The facilities shall be effectively maintained and operated as a non -discharge system to
prevent the discharge of any wastewater resulting from the operation of this facility.
12. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure
proper operation of the subject facilities.
13. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the
facilities described therein, and if warranted, will extend the Permit for such period of time
and under such conditions and limitations as it may deem appropriate.
14. This permit shall void Permit No. 3601.
Permit issued this the 23rd day of May, 1989
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
aul Wilms, Director
Division of Environmental Management
By Authority of the Environmental Management Comnssion

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\0,>9
State of North Carolina
Department of Natural Resources and Community Development
J
Division of Environmental Management
512 North Salisbury Street a Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
Mr. S. K. heeler
Foote Mineral Company
P.O. Box 792
Kings Mountain; North Carolina 28086
Dear Mr. Peeler:
January 30, 1986
R. Paul Wilms
Director
SUBJECT: NPDES Permit NC0004146
Foote Mineral Company
Cleveland County
On February 3, 1986, NPDES Permit No. NCO033570 was reissued to Foote Mineral
Company. This permit contains an outfall of 002 which is the same outfall as covered
y t e su lec it. Since the discharge outfall is covered by the reissued permit,
Permit NC0004146 will voided out effective March 1, 1986.
any questions on this matter please contact the undersigned.
cc: Asheville Regional Office
Mr. Jim Patrick, EPA
AM /gwt
5
Sincerely yours,
Arthur Mouberry, Supervisor
Permits & Engineering
RECEIVED
Water Quality Division
FEB 5 1986
Western Regional Office
A,sheville, North Carolina
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

1�S6
V
/1 Y State of North Carolina
J Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
Mr. S. K. Peeler
Foote Mineral Company
PO Bog 792
Kings Mountain, NC 28086
February 3, 1986 R. Paul Wilms
CERTIFIED MAIL Director
RETURN RECEIPT REQUESTED
Subject: Permit No. NCO033570
Foote Mineral -Kings Mtn.
Cleveland County
Dear Mr. Peeler:
In accordance with your application for discharge permit received on
May 21, 1985, we are forwarding herewith the subject State - NPDES permit.
This permit is issued pursuant to the requirements of North Carolina Gener,
Statute 143-215.1 and the Memorandum of Agreement between North Carolina ai
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 may request a waiver
or modifications upon written demand to the Director within 30 days
following receipt of this permit, identifying the specific issues to be
contended. The filing of this request will not affect your right to reque
a hearing on these issues. Unless such demand is made, this permit shall
final and binding.
Please take notice that this permit is not transferable. Part II, B.
addresses the requirements to be followed in case of change in ownership o
control of this discharge.
This permit does not affect the legal requirement to obtain other
permits which may be required by the Division of Environmental Management
permits required by the Division of Land Resources, Coastal Area Managemen
Act or any other Federal or Local governmental permit that may be required
If you have any questions concerning this permit, please contact.Mr.
Dale Overcash, at telephone number 919/733-5083. RECEIVED
� (( S {inc6e6���r���e�ly, Water Quality Division
-� R. Paul Wilms FEB 5 1986
cc: Mr. Jim Patrick EPA Western Regional Office
sh-ev'ille-Regional 'Supervisor 6sheville, North Carolina
i
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

9
Permit No. NC0033570
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
P E R M I T
To Discharge Wastewater Under The
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General
Statute 143-215.11 other lawful standards and regulations promulgated
and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended,
Foote Mineral Company
is hereby authorized to discharge wastewater from a facility located
in
Kings Mountain
Cleveland County
to receiving waters designated as Kings Creek in the Broad River Basin
in accordance with effluent limitations, monitoring requirements, and
other conditions set forth in Parts I, II, and III hereof.
This permit shall be effective March 1, 1986
This permit and the authorization to discharge shall expire at
midnight on February 28, 1991
Signed this day of February 3, 1986
ORIGINAL SIGNED BY
AR i HUR MOUBERRY
FOR,
R. Paul Wilms, Director
Division of Environmental Management
By Authority of the Environmental
Management Commission

'lopi fo. NCO033570
SUPPLEMENT TO PERMIT COVER SHEET
Foote Mineral Company
is hereby authorized to:
1. Continue the operation of facilities as may be required
to comply with the effluent limits contained herein for
outfall 001 (Utilities Discharge) located in Kings
Mountain, Cleveland County (Subject to Part III,
condition No. B. of this Permit), and
2. Continue the operation of the recycling type wastewater
treatment facility which discharges from outfall 002
(Mineral Plant Discharge) located in Kings Mountain,
Cleveland County (Subject to Part III, condition No. B.
of this permit), and
3. Discharge from said treatment facilities into Kings
Creek which is classified Class "C" waters in the Broad
River Basin.

snit£
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street * Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
Mr. S. K. Peeler
Foote Mineral Company
P.O. Box 792
Kings Mountain, North
-Dear Mr. Peeler:
Carolina 28086
February 7, 1986
R. Paul Wilms
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Modification to NPDES
Permit No. NC O033570
Foote Mineral Company
Kings Mountain, North Carolina
Cleveland County
In accordance with your request for Permit modification on February 5, 1986,
we are forwarding herewith modifrcationsto the subject permit. These modifications
are toco.rr=ect the sample type for the flow and to correct the statement regarding
chromium: and zinc. usage. Please find attached an amended page 13 which should
be inserted -=into- your Permit. The old page 13 should be- -discarded-.. All other terms
-and- condi_ti-6 is contained in the original permit 'remain'. unchanged and in full effect.
These modii_-fccations are issued pursuant to the requirements of North Carolina General
Statutes-- } 3-: 1-5.1: and the Memorandum of Agreement between -North Carolina and the
1 IS. Environmental Protection Agency.
If any parts, requirements, or limitations contained in these modifications are
unacceptable to you, you have the- right. to an adjucl c-t' ry heari- g before a hearing
officer upon written demand to the Director within 3:0-day-s foltowting receipt of these
modifcations, identifying the specific —issue's to be contended_ Unless such demand
1s made, these modifications shall. be final and binding
If. you Have any questions concerning these modifications, pf:ease--corrtact Mr.
-Dale-Overcash, telephone [phone].
cc: Mr:. Jim Patrick, EPA
sA�h vvi:� R g o-nalwaffitcce�
n DO Igwt
t
V
Sincerely
ORIGINAL SIGNU BY
ARTHUR fVOU8CRRY
FOR e R. Paul Wilms
Pollution Prevention Pays
P.O. Box 27697, Raleigh, North Carolina 27611-7697 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
RECEIVED
Water Quality Division
FEB 12 1986
Western Regional Office
t1she_ville,. North Carolina.

A. (I), EFFLUENT LIMITATIONS ANO MONITORING REQUIREMENTS FINAL
During the eribd beginning on the effective date of the Permit and lasting until expiration, the
permittee i authorized to discharge from outfall (s) serial numbers). 001 Utilities Effluent
Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics
Discharge Limitations
Kg/day (lbs/day) Other Units (Specify)
Daily Avg. Daily Max. Daily Avg. Daily Max.
Monitoring Requirements
Measurement Sample Sample
requency-fiype LocatFon
Flow
0.123 MGD
Daily
Continuous E
Oil and Grease
15.0 mg /I
20.0 mg /I
2 /Month
Grab E
Total Suspended Solids
30.0 mg /1
100.0 mg /1
2 /Month
Grab E
Total Copper.'"
0.05 mg/1
0.07 mg/1
2/Month
Grab E
ron
3.0 mg /1
3.0 mg /I
2 /Month
Grab E
Discharge Temperature (o F)
**
Weekly
Grab E
*Sample location e, - Effli40t
**
p hall�hg'i craw Q aaetemperature increase in the receiving stream of moore than 5°
The temerature of the efluPr�t sF above
ambient stream Water t,emprat�4r'e, shall the receiving stream temperature exceed 84 F as a result of
this discharge.
THERE $HAL,L. OF NO GHROI 10M, OR SING A00E0 TO THE COOLING WATER.
p. p in auth f from
i+rigloo of- Environmental Management prior to utilizing any biocide
T Ise ermi tteia shell bta on zation oi>1 tNe q
In the cdoling Water (S;ee Part III ¢ this permit)'.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units
and shall be monitored weekly at the effluent by grab sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final
During the period' beginning on the effective 'date of the Permit and lastinX until expiration, the
permittee is authorized to discharge from outfall(s) serial number(s).001- tilities Effluent
Such discharges shall be limited and monitored by the permittee as spetif ed below:
ffllent Characteristic Discharge Limitations Monitoring Requirements
Kg (lbs/day) Other Units (Specify) Measurement Sample *Sample
Daily Avg. \aily Max. Daily Avg. Daily Max. Frequency hype Location
Flow 0.123 MGD.., Daily, Instantaneous E
Oil and Grease 15.0 mg/1 20.0 mg/ 2/Month Grab E
Total Suspended Solids 30.0 mg/1 100.0 mI 2/Month Grab E
Total Copper (1;05 mg/l 0.07 trig/l 2/Month Grab E
Iron 3. frig/1 3.0 rg/1 2/Month Grab E
Discharge Temperature (°F) ** \ / Weekly Grab E
*Sample location E - Effluent
**The temperature of the effluent shall not cause a emperature increase in tli receiving stream of more
than 5 F above ambient stream water temperaturand in no case shall the rece ing stream temperature
exceed 840F as a result of this discharge.
E
THERE SHALL BE CHROMIUM OR ZINC ADDED TO HE COOLING WATER. \
The permittee shall obtain authorizatipn from the Division of Environmental Management prior to
utilizing any biocide in the cooling/ ater (See Part III of this permit).
The pfi shall not be less than 6.0 standard units nor greater than 9.0 standard units
and shall be monitored weekly at the effluent by grab sample.
There shall he no discharge of floating solids or visible foam in other than trace amounts.

-
A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final
During the period beginning on the effective date of- the Permit and lasting until expiration, the
permittee is authorized to discharge from outfal1(s) serial number (s).002-Mineral Plant Discharge
Such discharges shall be limited and monitored by the permittee as specified below:
affluent Characteristics Discharge Limitations Monitoring Requirements
Kg/day (lbs/day) Other Units (Specify) Measurement Sample Sample
Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency -ype Location
n/a
n/a
(See Below) *
Foote Mineral Company is authorized to continue .the operation of a recycling wastewater treatment facility
serving the Company's Mineral Plant consisting of a 50 acre tailings pond which overflows to South Creek,
Reservoir from which water is pumped to a 2.0 MG capacity storage pond for plant process water. There shall
be no regular discharge to Kings Creek. Intermittent overflows from South Creek Reservoir may occur only when
wet weather causes South Creek Reservoir flows to exceed recycling capacities.
*Foote Mineral Company shall continue monitoring of Kings Creek at weir No. 7 by taking grab samples monthly
for the following parameters: Total Suspended Solids, Lithium, Fluoride, and pH.. Foote Mineral
Company shall comply with water quality standards for Kings Creek as established by Title 15 North Carolina
Administrative Code 2B .0211. .
c-) ry
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o
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V O
O
The pH shall not be less than n/a standard units nor greater than n/a standard units
and shall be monitored n/a.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

9 tI
Permit No. NC
B. SCHEDULE OF COMPLIANCE
1. The permittee shall achieve compliance with the effluent limitations
specified for discharges in accordance with the following schedule:
2. No later than 14 calendar days following a date identified in the above
schedule of compliance, the permittee shall submit either a report of
progress or, in the case of specific actions being required by identified
dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of noncompliance, any remedial
actions taken, and the probability of meeting the next scheduled requirement.
M4&I4

0
Permit No. NC
Act used herein means the Federal Water Pollution Control Act, As amended.
DEM used herein means the Division of Environmental Management of the
Department of Natural Resources and community Development
"EMC" used herein means the North Carolina Environmental Management
Commission.
C. MONITORING AND REPORTING
1. Representative Sampling
Samples and measurements taken as required herein shall be representative
of the -volume and nature of the monitored discharge.
2. Reporting ;
Monitoring results obtained during•the previous month(s) shall be
summarized for each month and reported on a Monthly Monitoring'Report
Form (DEN No. MR 1.0, 1.1, and 1.4) postmarked no 1 ater than the 30th
day following the completed reporting period. The first report is due on
. The DEN may require reporting of additional monitoring
results by written notification. Signed copies of these, and all other
reports required herein, shall be submitted to the following address:
Division of Environmental Management
Water Quality Section
Post Office Box 27687
Raleigh, North Carolina 27611
3. Definitions
a. The "daily average" discharge means the total discharge by weight
during a calendar month divided by the number of days in the month
that the production or commercial facility was operating. Where less
than daily sampling is required by this permi-t, the daily.average
discharge shall be determined by the summation of all the measured
daily discharges by weight divided by the number of days sampled
during the calendar month when the measurements were made.
b. The "daily maximum" discharge means the total discharge by weight
during any calendar day.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to The EMC
regulations published pursuant to N. C. G. S. 143-215.63 et seq.. The
Water and Air Quality Reporting Act, Section 304(g), 13 USC 1314, of the
Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136.
5. Recording Results
For each measurement or sample taken pursuant to the requirements of
this permit, the permittee shall record the following information:
15

•
n
PART I
Permit No. NC
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed;
c. The person(s) who performed the analyses;
d. The analytical techniques or methods used; and
e. The results of all required analyses.
6. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated
herein more frequently than required by this permit, using approved
analytical methods as specified above, the results of such monitoring
shall be included in the calculation and reporting of the values.required
in the Monthly Monitoring Report Form.(DEM MR 1.0, 1.1, 1.4)
Such increased monitoring frequency shall also be indicated. The DEM
may require more frequent monitoring or the monitoring of other pollu-
tants not required in this permit by written notification.
7. Records Retention
All records and information resulting from the monitoring activities
required by this permit including all records of analyses performed and
calibration and maintenance of instrumentation and recordings from
continuous monitoring instrumentation shall be retained by the permittee
for a minimum of three (3) years, or longer if requested by the State
Division of Environmental Management.or the Regional Administrator of
the Environmental Protection Agency.
16

• PART II
Permit No. NC
A. MA14AGEME14T 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. Any anticipated
facility expansions, production increases, or process.modifications which
will result in new, different, or increased discharges of pollutants must.
be reported by submission of a new NPDES application or, if such changes.
will not violate the effluent limitations specified in this permit, by
notice to the DEM of such changes. Following such notice, the permit
may be modified to specify and limit any pollutants not previously limited.
2. Non compliance Notification
If, for any reason, the permittee does not comply with or will be unable
to comply with any effluent limitation specified in this permit, the per-
mittee shall provide the Division of Environmental Management with the
following information, in writing, within five (5) days of becoming aware
of such condition:
a. A description of the discharge and cause of noncompliance; and
b. -The period of noncompliance, including exact dates and times; or,
if not corrected; the anticipated time the noncompliance is expected
to continue, and steps being taken to reduce, eliminate and prevent
recurrence of the noncomplying discharge.
3.. Facilities Operation
The permittee shall at all times maintain in good working order and
operate as efficiently as possible all treatment or control facilities
or systems installed or used by the permittee to achieve compliance with
the terms and conditions of this permit.
4. Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse
impact to navigable waters resulting from noncompliance with any effluent
limitations specified in this permit, including such accelerated or
additional monitoring as necessary to determine the nature and impact of
the noncomplying discharge.
5. Bypassing
Any diversion from or bypass of facilities necessary to maintain compliance
with the terms and conditions of this permit is prohibited, except (i) where
• M 8 & I 7

0 PART II
Permit No. NC
unavoidable to prevent loss of life or severe property damage, or
(ii) where excessive storm drainage or runoff would damage any
facilities necessary.for compliance with the effluent limitations
and prohibitions. of this permit. The permittee shall promptly
notify the Water Quality Section of DEM in writing of each such
diversion or bypass.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the
course of treatment or control of wastewaters shall be disposed of 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.
7. Power Failures
In order to maintain compliance with the effluent limitations and
prohibitions of this permit, the permittee shall either:
a. In accordance with the Schedule of Compliance contained in Part I,
provide an alternative power source sufficient to operate the waste-
water control facilities;
or, if such alternative power source is not in existence, and no date for
its implementation appears.in Part I,.
b. Halt, reduce or otherwise control production and/or all discharges
from wastewater control facilities upon the reduction, loss, or
failure of the primary source of power to said wastewater control
facilities.
8. 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.
I8
J

TART II
Permit No. NC
B. RESPONSIBILITIES
1. Right of Entry
The permittee shall allow the Director of the Division of Environmental
Management, the Regional Administrator, and/or their authorized represen-
tatives, upon the presentations of credentials:
a. The enter upon the permittee°s premises where an effluent source'is
located or in which any records are required to be kept under the
terms and conditions of this permit; and
b. At reasonable times to have access to and copy any records required
to be kept under the terms and conditions of this permit; to inspect
any monitoring equipment or monitoring method required in this permit;
and to sample any discharge of.pollutants.
2. Transfer of Ownership or Control
This permit is not transferable. In the event of any change in control
or ownership of facilities from which the authorized discharge emanates
or is contemplated, the permittee shall notify the prospective owner or
controller -by letter of the existence of this permit and of the need to
obtain a permitAin the name of the prospective owner. A copy of the
letter shall be.forwarded to*the Division of Environmental Management.
3. Availability of Reports
Except for data determined to be confidential under N. C. G. S. 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 Environmental Management. 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 N. C. G. S. 143-215.6(b)(2) or in Section
309 of the Federal Act.
4. Permit Modification
After notice and opportunity for a hearing pursuant to N. C. G. S. 143-
215.1(b)(2) and G. S. 143-215.1(e) respectively, this permit may be
modified, suspended, or revoked in whole or in part during its term for
cause including, but not limited to, the following:
a. Violation of any terns or conditions of this permit;
b. Obtaining this permit by misrepresentation or failure to disclose
fully all relevant facts; or
c. A change in any condition that requires either a temporary or
permanent reduction or elimination of the authorized discharge.
M10&I9

• PART II
Permit No. NC
5. Toxic Pollutants
Notwithstanding Part II, B-4 above, if a toxic effluent standard or
prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is established under Section 307(a)
of the Act for a toxic pollutant which is present in the discharge and
such standard or prohibition is more stringent than any limitation for
such pollutant in this permit, this permit shall be revised or modified
in accordance with the toxic effluent standard or prohibition and the
permittee so notified.
6. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, A-5)
and "Power Failures" (Part II, A-7), nothing in this permit shall be
construed to relieve the permittee from civil or criminal penalties for
noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the
Federal Act, 33 USC 1319.
7. 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
under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act,
33 USC 1321.
8. 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.
9. 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 circum-
stance, is held invalid, the application of such provision to other cir-
cumstances, and the rem&inder of this permit shall not be affected thereby.
M 11 & I 10

40 PART II
Permit No NC
10. Expiration of Permit
Permittee is not authorized to discharge after the expiration date.
In order to receive authorization to discharge beyond the expiration
date, the permittee shall submit such information, forms, and fees as
are required by the agency authorized to issue permits no later than 180
days prior to the expiration date. Any discharge without a permit after
the expiration will subject the permittee to enforcement procedures as
provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq..
I 11

® Part III
Permit No. NCO033570
A. Previous Permits
All previous State water quality permits issued to this facility,
whether for construction or operation or discharge, are hereby revoked
by issuance of this permit. The conditions, requirements, terms, and`
provisions of this permit authorizing discharge under the National
Pollutant Discharge Elimination System governs discharges from this
facility.
B. Construction
No construction of wastewater treatment facilities or additions thereto
shall be begun until Final Plans and Specifications have been submitted
to the Division of Environmental Management and written approval and
Authorization to Construct has been issued. If no objections to final
plans and specifications have been nade by the Division of Environmental
Management within 60 days following acknowledgement that.a complete set
of final plans and specifications has been received, the plans may be
considered approved and construction authorized.
C. Certified Operator
Pursuant to Chapter 90A of North Carolina General Statutes, the permittee
shall employ a certified wastewater treatment plant operator in responsible
charge of the wastewater treatment facilities. Such operator must hold a
certification of the grade equivalent to the classification assigned to
the wastewater treatment facilities.
D. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division
of Environmental Management, conduct groundwater monitoring as may be
required to determine the compliance of this NPDES permitted facility
with the current groundwater standards.
E. Special Condition
This permit shall be modified, or alternatively, revoked and reissued,
to comply with any applicable effluent standard or limitation iss.ued or.
approved under sections 301(b), (2) (C), and (D), 304(b) (2), and 307(a)
(2) of the Clean Water Act, ifthe effluent standard or limitation so issued
or approved:
Contains different conditions or is otherwise more stringent than
any effluent limitation in the permit, or
Controls any pollutant not limited'in the permit.
This permit as modified or reissued under this paragraph shall also contain
any other requirements of the.Act then applicable.
M15 & I12

. ' r O-rmiL- L.o . NCO0335 70
Part III Continued
F. The permittee shall not use any biocides except those approved in conjunction
with the permit application. The permittee shall notify the Director in
writing not later than ninety (90) days prior to instituting use of any '
additional biocide used in cooling systems, other than chlorine,'which may
be toxic to aquatic life other than those previously 'reported to the Division
of Environmental Management. Such notification shall include:
Active ingredient(s) in the biocidal additives,
Dosage rate and frequency of application of the additives,,. -
Discharge concentration of the active ingredient(s),
Discharge rate or volume,
Receiving stream (attach map locating discharge point), and
Aquatic toxicity data for each biocidal product (degradation data,'
if available).

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water 111L d1LC 11 VL11 1.1CLL tin-1'larietta
lake and springs at base of lake
dam.
Upstream sampling point, NPDES
Permit No. NC0033570.
Number 3 weir. Original Corps. of
Engineer sample point:.
Utilities Discharge; discharge
governed by NPDES Pez-mit NC0033570.
Plant has option of pumping North
Branch with pump at the Number 3
weir.
Tailings water from Mineral Plant
flotation processes.
Number 7 weir; discharge governed
by NPDES Permit NC0004146.
Return of reclaimedtailings water
to Mineral Plant flotation processes.
Tailings discharge from Chemical Plant
to Tailings Pond. Pond operated under
N. C. Permit No. 3601.
Return of reclaimed tailings water to
Chemical Plant.
Overflow from Tailings Pond settling
basin.
Downstream sampling point, NPDES
Permit No. NC0033570.
Intermittent wet weather overflow of
South Creek Reservoir as described
by N. C. Permit 2459.
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