NCG02 Comments from NC Aggregates Association

Morman, Alaina
From: Lucas, Annette
Sent: Friday, May 21, 2021 5:27 PM
To: Jay Stem
Cc: Morman, Alaina; Meloy, Michael
Subject: RE: [External] NCG020000 for Mining Activities sormwater, mine dewatering
wastewater, and process wastewater discharges
Follow Up Flag: Follow up
Flag Status: Completed
Jay,
Thank you for these comments, they will be added to the official record.
Sincerely,
Annette
Annette Lucas, PE
Stormwater Program Supervisor
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
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Email: annette.lucas(@ncdenr.aov
Web site: deg.nc.gov/SW
Physical Address: 512 North Salisbury Street, Office 640L, Raleigh, NC 27604
Mailing Address: 1612 Mail Service Center, Raleigh, NC 27699-1612
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From:Jay Stem <[e-mail]>
Sent: Friday, May 21, 2021 5:23 PM
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To: Lucas, Annette<[e-mail]>
Subject: [External] NCG020000 for Mining Activities stormwater, mine dewatering wastewater, and process wastewater
discharges
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Ms. Annette Lucas
Stormwater Program
NC Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Annette,
The NC Aggregates Association objects to the change from semi-annual to quarterly stormwater sampling.
The quarterly stormwater sampling requirement in the proposed permit is not consistent with the permit requirements
for several neighboring states-four of those states also being in EPA's Region 4. None of these states require quarterly
sampling for the entire permit, as North Carolina does. For example:
• Virginia—Annual stormwater sampling.
• Maryland -Quarterly, but only until you have 4 consecutive samples with an average TSS< 100.
• Tennessee-Annual stormwater sampling,with an option to not sample the final year if the average of the first
4-years is below the benchmark.
• Kentucky—Only wastewater must be sampled.
• Georgia—Stormwater sampled quarterly, but with 4-consecutive compliant quarters, the permittee can reduce
to annual sampling. Only requires quarterly stormwater sampling to impaired (303)waters.
• South Carolina—Stormwater sampled quarterly, but once 4-consecutive compliant quarters,then stormwater
sampling stops for the remaining permit period.
We do not believe there is data to support the need for more frequent sampling. Since most of the industry's erosion
control BMP's are designed for the 25-year storm, it is common for outfalls to not discharge in response to many storm
events. So,the new quarterly sampling requirement will make an already challenging semi-annual sampling
requirement even more difficult.
The NC Aggregates Association believes that semi-annual stormwater sampling is still appropriate and more consistent
with our neighboring states and oppose changing to quarterly stormwater sampling.
NCAA proposes the following revisions to the draft permit.
• Page 6- B-11 (a)
o Second sentence—"Inspections shall occur at a minimum on a quarterly schedule. A minimum of thirty
(30) days must separate each inspection."
■ If 30 days must separate each inspection,that would restrict the frequency to a maximum of
monthly. NCAA suggests either removing this second sentence, or making it clear that the
minimum of 30 days separation is only required if the inspections are not more than quarterly.
• Page 28- H-5 (b) i and ii
o It appears this language was copied from Section F.5 and therefore references "same storm event" and
"next measurable storm event." For this wastewater section, it should read "sample event" or "next
sample event."
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• Page 33—Part J Table 12
o NCAA has expressed concerns over the 24-hour notification for"Visible sediment deposition" and the
fact that there may be a need for an expert opinion from someone who is not onsite to make that
determination. We would suggest either removing the 24-hour notification, or the addition of
"significant" sediment deposition. That would allow for a determination to be made by an expert from
photographic evidence, rather than potentially causing someone to travel to a site to make the
determination of whether or not the "visible sediment deposition" is in fact from the operation and not
naturally occurring.
Sincerely,
Jay Stem
Jasper G. Stem,Jr., P.E.
Executive Director
North Carolina Aggregates Association
353 East Six Forks Road, Suite 270
Raleigh, NC 27609
919 782-7055
Fax: [phone]
www.ncaggregates.org
Serving the Aggregates Industry Since 1964
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