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NC0001899_owner name change_20160201
r Water Resources LNViRoNN1""-N i AL OUALi I Mr. Jas Moncure ` :. i .:: tility, LLC 282 Century lace, Suite 2000 Louisville, C 1 80027 Dear Kaplan Ota4431411) 3001(1) February 1, 2016 PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN Subject: Minor modification of NPDES Permit NC0001899 Moncure Holdings Utility WWTP Chatham County he Division has received and reviewed the request submitted by your Authorized. Representative (Laura Styles of WithersRavenel) to transfer ownership of the subject permit. The Diviison does not object to your request. This modification 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). Insert the attached page into your permit and discard the old page. This modified permit includes the following changes from your current permit: ➢ Moncure Holdings Utility, LLC now has ownership of the permit and facility. > Regulatory citations have been added to the permit. If any parts, measurement frequencies or sampling requirements contained in this 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 (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. 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 any other Federal, State, or Local governmental regulation. If you have any questions concerning this matter, please contact Charles H. Weaver at (919) 807-6391 or via e-mail [charles.weaver@ncdenr.gov]. S. Jay Zimmerman, Director Division of Water Resources cc: Central Files NPDES Unit Raleigh Regional Office / Danny Smith ec: Laura Styles / WithersRavenel State of North Carolina J Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX httpJ/portal.ncdenr. org/web/wq Permit NC0001899 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT 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 Water Quality Commission, and the Federal Water Pollution Control Act, as amended, Moncure Holdings Utility, LLC is hereby authorized to discharge wastewater from a facility located at the Moncure Holdings Utility, LLC WWTP 338 Pea Ridge Road East of Moncure Chatham County to receiving waters designated as the Haw River and Shaddox Creek in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2016. This permit and the authorization to discharge shall expire at midnight on July 31, 2016. Signed this day February 1, 2016 immerman, P.G., Director vision of Water Resources By the Authority of the Environmental Management Commission Page 1 of 8 Permit NC0001899 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. Moncure Holdings Utility, LLC is hereby authorized to 1. Continue to discharge combined treated process and domestic wastewater, and treated WTP backwash wastewater to Outfall 001, from a wastewater treatment system that includes the following components: o Sanitary bar screen, grinder, and lift station o Process wastewater lift station o One (1) 1,200 gallons mixing/neutralization chamber with automatic pH control o One (1) 650,000 gallons aeration basin with mechanical aerators o Coagulent addition system o One (1) 18,500 gallons clarifier o One (1) 1000 ft2 sludge drying bed o Chlorine contact chamber (no chlorination) o Conventional water treatment plant with chemical addition systems o One (1) 20,000 gallons clarifier o Two (2) alum settling ponds, one 300,000 gallons, one 500,000 gallons o One (1) 1,000,000 gallon polishing pond o Effluent composite sampler o Effluent meter 2. Continue to discharge stormwater, condensate, and overflow from two 1,200,000 gallons fire ponds to Outfall 002. This facility is located at the Moncure Holdings Utility, LLC WWTP (338 Pea Ridge Road east of Moncure) in Chatham County 3. Discharge wastewater from said treatment works at the location specified on the attached map via outfall 001 into the Haw River and via outfall 002 to Shaddox Creek, both of which are classified WS-IV waters in the Cape Fear River Basin. Page2of8 Permit NC0001 899 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — 001 [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated process, domestic, and filter backwash wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Parameter [PCS Code] Flow [50050] pH 2 [00400] BOD, 5 day (20°C) [QD310] Total Suspended Solids [00530] Oil and Grease [00556] Temperature, °C [00010] Conductivity, pmohs/cm [00094] Dissolved Oxygen, mg/L [00300] Total Nitrogen, mg/L 3 [00600] Total Phosphorus, mg/L [00665] Chronic Toxicity 4 [TGP3B] OCPSF5 Monthly Average 0.244 MGD Limits Daily Maximum > 6.0 and < 9.0 standard units 10.4 pounds/day 5.0 pounds /day 20.0 pounds /day 16.7 pounds /day 10.6 pounds /day 30.0 pounds /day Monitoring Requirements Measurement Frequency Continuous Continuous Weekly Weekly Weekly Monthly Monthly Monthly Quarterly Quarterly Quarterly Annually Sample Type Recording Recording Composite Composite Grab Grab Grab Grab Composite Composite Composite Grab Sample Location 1 Influent or Effluent Effluent Effluent Effluent Effluent Effluent, U&D Effluent, U&D Effluent, U&D Effluent Effluent Effluent Effluent Footnotes: 1. U: valve at Permittee's river water pump house. D: nearest accessible point at least 100 yards below the outfall and above the confluence of the Deep and Haw Rivers. Instream monitoring is provisionally waived due to the permittee's participation in the Upper Cape Fear River Basin Association. Instream monitoring shall be conducted as stated in this permit should the permittee end its participation in the Association. 2. The pH shall be monitored continuously at the effluent. In accordance with 40 CFR 401.17, the total time during which the pH values are allowed to be less than 6.0 standard units or greater than 9.0 standard units shall not exceed 7 hours and 26 minutes in any calendar month, and no individual excursion outside the 6.0 to 9.0 range shall exceed 60 minutes. 3. TN = TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-N and NO2-N are Nitrate and Nitrite Nitrogen, respectively. 4. Chronic Toxicity (Ceriodaphnia) Chronic P/F at 0.94% with sampling in January, April, July, and October [see A. (3)]. 5. Refer to A. (2) regarding OCPSF monitoring. Where any compound is detected, quarterly monitoring is required for that compound until not detected in twelve consecutive samples. The permittee may use EPA test method 524.2 to monitor OCPSF parameters (provided the method allows a detection level at or below the permitted limit). THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 3 of 8 Permit NC0001899 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - 001 OCPSF [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge OCPSF-related process wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Parameter [PCS Code] Daily Maximum (pounds/day) Monthly Average (pounds/day) Frequency Measurement' Sample Type Sample Location Acenaphthene [34205] 0.004 0.001 Annually Grab Effluent Acenaphthylene [34200] 0.004 0.001 Annually Grab Effluent Acrylonitrile [34215] 0.015 0.006 Annually Grab Effluent _ Anthracene [34220] 0.004 0.001 Annually Grab Effluent Benzene [34030] 0.009 0.002 Annually Grab Effluent Benzo(a)anthracene [34526] 0.004 0.001 Annually Grab Effluent 3,4-Benzofluoranthene [79531] 0.004 0.001 Annually Grab Effluent Benzo(k)fluoranthene [34242] 0.004 0.001 Annually Grab Effluent Benzo(a)pyrene [34247] 0.004 0.001 _ Annually Grab Effluent Bis (2-ethylhexyl) phthalate [39100] 0.017 0.006 Annually Grab Effluent Carbon Tetrachloride [32102] 0.002 0.001 Annually Grab Effluent Chlorobenzene [34301] 0.002 0.001 Annually _ Grab Effluent Chloroethane [34311] _ 0.017 0.007 Annually Grab Effluent _ Chloroform [32106] 0.003 0.001 Annually Grab Effluent 2-Chlorophenol [34586] 0.006 0.002 Annually Grab Effluent Chrysene [34320] 0.004 0.001 Annually Grab Effluent Di-n-butyl phthalate 1.391101 n nnit n nn9 4nni�lly !`r..ti ctt.. _i 1,2-Dichlorobenzene [34536] 1,3-Dichlorobenzene [34566] 1,4-Dichlorobenzene [34571] 1,1-Dichloroethane [34496] 1,2-Dichloroethane [32103] 1,1-Dichloroethylene [34501] 1,2-trans-Dichloroethylene [34546] 2,4-Dichlorophenol [34601] 1,2-Dichloropropane [34541] 1,3-Dichloropropylene [17163] Diethyl phthalate [34336] 2,4-Dimethylphenol [34606] Dimethyl phthalate [34341] 4,6-Dinitro-o-cresol [34657] 2,4-Dinitrophenol [34616] 2,4-Dinitrotoluene [34611] 2,6-Dinitrotoluene [34626] Ethylbenzene [34371] Fluoranthene [34376] Fluorene [34381] Hexachlorobenzene [39700] 0.010 0.003 0.002 0.004 0.013 0.002 0.003 0.007 0.014 0.003 0.013 0.002 0.003 0.017 0.008 0.018 0.040 0.007 0.004 0.004 0.002 • 0.005 0.002 0.001 0.001 0.004 0.001 0.001 0.002 0.010 0.002 0.005 0.001 0.001 0.005 0.004 0.007 0.016 0.002 0.002 0.001 0.001 Annually Annually Annually Annually Annually Annually Annually Annually Annually Annually Annually Annually Annually Annually Annually Annually Annually Annually Annually Annually Annually Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Page 4 of 8 Permit NC0001899 Parameter [PCS Code]- Daily Maximum oundsLda(Pounds/day)Measurement (p y) Monthly ,: Average. Fr9ecy I Sample pe Type, Sample Location Hexachlorobutadiene [39702] 0.003 0.001 Annually Grab Effluent Hexachloroethane [34396] 0.003 0.001 Annually Grab Effluent Methyl Chloride [34418] 0.012 0.005 Annually Grab Effluent Methylene Chloride [34423] 0.006 0.003 Annually Grab Effluent Naphthalene [34696] 0.004 0.001 Annually Grab Effluent Nitrobenzene [34447] 0.004 0.002 Annually Grab Effluent 2-Nitrophenol [34591] 0.004 0.003 Annually Grab Effluent 4-Nitrophenol [34646] 0.008 0.005 Annually Grab Effluent Phenanthrene [34461] 0.004 0.001 Annually Grab Effluent Phenol [34694] 0.002 0.001 Annually Grab Effluent Pyrene [34469] 0.004 0.002 Annually Grab Effluent Tetrachloroethylene [34475] 0.004 0.001 Annually Grab Effluent Toluene [34010] 0.005 0.002 Annually Grab Effluent 1,2,4-Trichlorobenzene [34551] 0.009 0.004 Annually Grab Effluent 1,1,1-Trichloroethane [34506] 0.003 0.001 Annually Grab Effluent 1,1,2-Trichloroethane [34511] 0.003 0.001 Annually Grab Effluent Trichloroethylene [39180] 0.003 0.001 Annually Grab Effluent Vinyl Chloride [39175] 0.017 0.007 Annually Grab Effluent When the required EPA analytical method with the appropriate minimum detection level is followed and a result of "non -detectable" or "below quantitation limit" is obtained, the permittee will be considered to be in compliance with the numerical permit limit for that pollutant. Footnote: 1. Where any compound is detected, quarterly monitoring is required for that compound until not detected in twelve consecutive samples. The permittee may use EPA test method 524.2 to monitor OCPSF parameters (provided the method allows a detection level at or below the permitted limit). A. (3) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) - 001 [15A NCAC 02B.0200 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 0.94 %. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised- December 2010) or subsequent versions. The tests will be performed during the months of January, April, July, and October. These months signify the first month of each three-month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. Page5of8 Permit NC0001899 If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -December 2010) or subsequent versions. 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 parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT- 3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1623 Mail Service Center Raleigh, NC 27699-1623 Completed Aquatic Toxicity Test Forms shall be filed with the Water 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, 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 there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources 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. Page 6 of Permit NC0001899 A. (4) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — 002 [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater, steam condensate, and fire pond overflow wastewater from Outfall 002. Such discharges shall be limited and monitored by the Permittee as specified below: Parameter [PCS Code] Limits Monitoring Requirements Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow [50050] Weekly Instantaneous Effluent Temperature, °C 1 [00010] Weekly Grab Effluent pH [00400] > 6.0 and < 9.0 standard units Weekly Grab Effluent Total Aluminum, pg/L [01105] Quarterly Grab Effluent Total Zinc, pg/L [01092] Quarterly Grab Effluent Acute Toxicity 2 [TAE6C] Annually Grab Effluent Footnotes: 1. 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. 2. Acute Toxicity (Fathead Minnow) Annual Monitoring, see A. (5). THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. A. (5) ACUTE TOXICITY MONITORING (ANNUAL) — 002 [15A NCAC 02B.0500 et seq.] The permittee shall conduct annual toxicity tests using protocols defined as defmitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. 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 toxicity test must be performed by June 30. Should there be no discharge of flow from the facility during the six month period January 1-June 30, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county and in the comments section indicate "No Flow for January 1-June 30, {calendar year}." The report must be signed and submitted to the Environmental Sciences Section at the address noted below. If no discharge event occurs from January 1-June 30, yet a discharge event occurs from July 1-December 31, then the facility must perform toxicity monitoring and report the data as noted below. Page 7 of 8 Permit NC0001899 The parameter code for this test is TAE6C. 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: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1623 Mail Service Center Raleigh, NC 27699-1623 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. 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 and AT Forms. 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. (6) WASTEWATER TREATMENT PONDS — 002 [NCGS 143-215.3 (a) (2)] The wastewater treatment ponds at the facility shall maintain a freeboard height of 2 feet. A. (7) PERMIT REOPENER: SUPPLEMENTARY NUTRIENT MONITORING [NCGS 143-215.66] Pursuant to N.C. General Statutes Section 143-215.1 and the implementing rules found in the North Carolina Administrative Code (specifically 15A NCAC 02H.0112 (b) (1) and 02H.0114 (a)), and Part II, Sections B.12. and B.13. of this permit, the Director may reopen this permit to require supplemental nutrient monitoring of the discharge. The additional monitoring will be to support water quality modeling efforts within the Cape Fear River Basin, and shall be consistent with a monitoring plan developed jointly by the Division and affected stakeholders. A. (8) MERCURY TMDL REOPENER [NCGS 143-215.66] The Division may, upon written notification to the permittee, re -open this permit in order to incorporate or modify effluent limitations and monitoring and reporting requirements when such action is necessary to implement a TMDL for mercury approved by the U.S. EPA. Page 8 of 8 NC0001899 / Moncure Holdings Utility, LLC USGS Quad Name: Moncure, N.C. Receiving Streams: 001- Haw River, 002 - Shaddox Creek StruAm Mars: INS -IV Subbasin: P4I19 I O M AO 001- Lat.: 35°37'Ol" Long.: 79°03'25" 002 - Lat.: 35°37'00" Mine Facility Location Not to SCALE Pat McCrory Governor ATA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources WATER QUALITY PERMITTING SECTION Donald R. van der Vaart Secretary PERMIT NAME/OWNERSHIP CHANGE REQUEST This form is for ownership changes or name changes of NPDES wastewater permits. • "Permittee" references the existing permit holder • "Applicant" references the entity applying for the ownership/name change. I. NPDES Permit No. (for which the change is requested): Or Certificate of Coverage #: II. Existing Permittee Information: a. Permit issued to (company name): b. Person legally responsible for permit: NC000 NCG5 DuraFiber Technologies (DFT), Inc. Frank First MI CEO Papa Last Title 13620 Reese Boulevard, Suite 400 Permit Holder Mailing Address Huntersville NC 28078- City State Zip (704) 765-3700 (704) 912-3711 Phone Fax c. Facility name: DuraFiber Technologies (DFT), Inc. d. Facility's physical address: e. Facility contact person: New Hill 338 Pea Ridge Road Address NC 27562- City State Zip Thomas M. Kubel, Jr. (919) 545-3741 First / MI / Last Phone III. Applicant Information: a. Request for change is a result of ® Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): Moncure Holdings Utility, LLC c. Person legally responsible for permit: Jason Kaplan First MI Last Manager Title 282 Century Place, Suite 2000 Louisville Permit Holder Mailing Address CO 80027- City State Zip (303) 516-3478 jkaplanimaginenation.us Phone E-mail Address Page 1 of 2 Revised 7/01/2014 d. Facility name: Moncure Holdings Utility, LLC WWTP e. Facility's physical address: 338 Pea Ridge Road f. Facility contact person: New Hill Address NC 27562- City State Zip Jason Kaplan First MI Last Manager (303) 516-3478 Phone Title j kaplann imaginenation.us E-mail Address IV. Will the permitted facility continue to conduct the same commercial/industrial activities conducted prior to this ownership or name change? ❑ Yes No (please explain) Onsite industrial unknown, offsite industrial sources, landfill leachate If applicable, the applicant shall submit a major permit modification request to DWR. A major modification shall be defined as one that increases the volume, increases the pollutant load, results in a significant relocation of the discharge point, or results in a change in the characteristics of the waste generated. V. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: 1. This completed application is required for both name change and/or ownership change requests. 2. Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. Applicable regulations: 40 CFR 122.41, 40 CFR 122.61 and 15A NCAC 02H .0114 The certifications below must be completed and signed by both the permit holder prior to the change (Permittee), and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, Frank Papa, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I u stand that if all required parts of this application are not completed and that if all required supporting information i . in ded, this application package will be returned as incomplete. ature APPLICANT CERTIF ' ATION Date I, Jason Kaplan, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is no included, this application package will be returned as incomplete. Signa re ************************** VI- 'KA Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 NPDES PERMIT NAME/OWNERSHIP CHANGE REQUEST Page 2 of 2 Revised 7/01/2014 BK 1829 PG 0889 FILED CHATHAM COUNTY NC LUNDAYA. RIGGSBEE REGISTER OF DEEDS FILED Nov 24, 2015 AT 03:41:27 pm BOOK 01829 START PAGE 0889 END PAGE 0894 INSTRUMENT# 11512 EXCISE TAX $5,500.00 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $5,500 Parcel Identifier Nos. 0005321 & 0005814 Verified by Chatham County on the _ day of , 2015, by: After recording return to: Nelson Mullins Riley & Scarborough LLP, GlenLake One, Suite 200, 4140 Parklake Avenue, Raleigh, North Carolina 27612, Attn: Cathy M. Rudisill, Esq. This instrument was prepared by: Klehr, Harrison, Harvey, Branzburg LLP, 1835 Market Street, Suite 1400, Philadelphia, PA 19130 Brief description for the Index: 338 Pea Ridge Rd, New Hill, NC 27562 THIS DEED made this I aday of November, 2015, by and between GRANTOR DuraFiber Technologies (DFT), Inc. f!k/a Performance Fibers, Inc., a Delaware corporation 13620 Reese Boulevard Suite 400 Huntersville, NC 28078 GRANTEE Moncure Holdings West, LLC, a North Carolina limited liability company 282 Century Place Suite 2000 Louisville, CO 80027 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Chatham County, North Carolina and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. This conveyance and special warranty of title contained herein are made expressly subject to (i) those items set forth on Exhibit B hereto and (ii) the lien of any real estate taxes for 2016 and thereafter, not yet due and payable. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1149, page 131. PHILI 4969987v.3 BK 1829 PG 0890 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor only, other than the following those exceptions as shown on Exhibit B, attached hereto. [Signature page follows] PHILI 4969987v.3 BK 1829 PG 0891 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. DuraFiber Technologies (DFT), Inc. f/k/a Performance Fibers, Inc., a Delaware co • . r ion By: Print Na Title: STATE OF COUNTY OF NECet.FNBte' I certify that the following person(s), either being personally known to me or proven by satisfactory evidence, personally appeared before me this day, each acknowl dging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: prektrd (. 6,41- as the • f of DuraFiber Tephnologies (DFT), Inc. f/k/a Performance Fibers, Inc. Date: November 12. , 2015 60.4e,,a/(2 ' e 4%'SCCY6/4�'y [Official Seal] // My Commission Expires: 7..30. 21)/9 HELGA E. HOLMES NOTARY PUBLIC Mecklenburg County North Carollna My Commission Expires July 30, 2019 PHILI 4969967v.3 BK 1829 PG 0892 EXHIBIT "A" All of Tract 1 and Tract 2 as shown on that recorded in Plat Slide 2001-40, Plat Slide 2004-41, Plat Slide 2004- 42 and Plat Slide 2004-43, Chatham County Registry. Together with real property rights as set forth in that certain Declaration of Covenants, Conditions, and Restrictions dated February 10, 2004, by and between Honeywell International, Inc., a Delaware corporation, and Moncure Volunteer Fire Department, Inc., a North Carolina corporation, recorded on February 10, 2004, in Book 1084, Page 346, and in instrument No. 01664, Chatham County Registry. PHIL1 4969987v.3 BK 1829 PG 0893 EXHIBIT'B" 1. Terms, covenants, conditions, restrictions and easements as set forth in Declaration of Covenants, Conditions and Restrictions by and between Honeywell International, Inc. and Moncure Volunteer Fire Department, Inc. recorded in Book 1084 at Page 346, Chatham County Registry, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. 2. Easements, setback lines and any other natters shown on plat recorded in Plat Slide 2004, Pages 40, 41, 42, and 43 and Plat Slide 2015-115 , Chatham County Registry. 3. Terms and Conditions of Agreement by and between Seaboard Coast Line Railroad Company and Fibers Division, Allied Chemical Corporation recorded in Book 359 at Page 283, as modified by Release Agreement by CSX Transportation, Inc., recorded in Book 660 at Page 80, Chatham County Registry. See also agreement recorded in Book 351 at Page 93, Chatham County Registry; as all assigned per instrument recorded in Book 1155 at Page 563, Chatham County Registry. 4. Easement from Johnson & Wimsatt, Inc. to Carolina Power & Light Company recorded in Book 317 at Page 7, Chatham County Registry. 5. Right of Way Agreement from Allied Chemical Corporation to State Highway Commission recorded in Book 351 at Page 435, Chatham County Registry. 6. Easements from Allied Chemical Corporation to Carolina Power & Light Company recorded in Book 357 at Pages 128 and 129, Chatham County Registry. 7. Right of Way Agreement from Allied Chemical Corporation to Public Service Company of North Carolina, Inc. recorded in Book 353 at Page 113, Chatham County Registry. 8. Right of Way Agreement from Allied Chemical Corporation to Department of Transportation recorded in Book 764 at Page 672, Chatham County Registry. 9. Restrictions contained in the Special Warranty Deed from Honeywell International Inc. to Performance Fibers, Inc. recorded in Book 1149 at Page 131, Chatham County Registry. 10. Title to that portion of the land, if any, lying within the railroad right of way and rights of the railroad company servicing the railroad siding located on insured premises in and to the ties, rails and other properties constituting said railroad siding or in and to the use thereof and also rights of others thereto entitled in and to the use thereof 11. Rights of others in and to the continuous and uninterrupted flow of the waters bounding or crossing the land and riparian and/or littoral rights incident to the land. 12. Title to that portion of the land lying within the bounds of any roads or highways; and/or rights of the public and others entitled thereto in and to the use of that portion of the insured premises within the bounds of street or roadway, if any. 13. The following matters as shown on the survey dated October 8, 2015, by Charles O. Eliason, Professional Land Surveyor: a) overhead utility lines and poles; b) 30' & 70' wide Carolina Power & Light Company right of way (DB 357, PGS 128 & 129); c) 140' wide water intake and sewer discharge easement; PHIL14969987v.3 BK 1829 PG 0894 d) pump station; e) limits of cultivation encroachment; f) fire hydrants, boxes, valves; g) storm drainage lines; h) gas line and junction. 14. Rights of others, if any, in and to soil drive and drainage ditches affecting the subject property as shown on survey dated October 8, 2015, prepared by Charles O. Eliason, PLS. PHIL 14969987v3 BK 1829 PG 0895 NORTH CAROLINA QUITCLAIM DEED FILED CHATHAM COUNTY NC LUNDAYA. RIGGSBEE REGISTER OF DEEDS FILED Nov 24, 2015 AT 03:41:27 pm BOOK 01829 START PAGE 0895 END PAGE 0897 INSTRUMENT # 11513 EXCISE TAX (None) Excise Tax: — 0 — Parcel Identifier Nos. 0005321 & 0005814 Verified by Chatham County on the _ day of , 2015, by. After recording return to: Nelson Mullins Riley & Scarborough LLP, G1enLake One, Suite 200, 4140 Parklake Avenue, Raleigh, North Carolina 27612, Attn: Cathy M, Rudisill, Esq. This instrument was prepared by: Klehr, Harrison, Harvey, Branzburg LLP, 1835 Market Street, Suite 1400, Philadelphia, PA 19130 Brief description for the Index: 338 Pea Ridge Rd, New Hill, NC 27562 THIS DEED made this L. day of 1\24,rnlae! , 2015, by and between GRANTOR DuraFiber Technologies (DFT), Inc. f!k/a Performance Fibers, Inc., a Delaware corporation 13620 Reese Boulevard Suite 400 Huntersville, NC 28078 GRANTEE Moncure Holdings West, LLC, a North Carolina limited liability company 282 Century Place Suite 2000 Louisville, CO 80027 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. Transfer of Ownership: Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has remised and released and does hereby remise, release and forever quitclaim to Grantee, the Property described below: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. Grantor makes no warranty, express or implied, as to title to the Property. [Signature page follows] PHIL14974028v.2 BK 1829 PG 0896 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. DuraFiber Technologies (DFT), Inc. f/k/a Performance Fibers, Inc., a Delaware o,7oration (SEAL) ,COirf . BY: P`'t« (SEAL) Title: V Q %Mi STATE OF IaOQ.TN e#eouitu COUNTY OF NEGLLsveceo' I certify that the following person(s), either being personally known to me or proven by satisfactory evidence, personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: atettAtzZ G . Coma=¢. Date: NOV- /2 , 206 [Official Seal) HELGA E. HOLMES NOTARY PUBLIC Mecklenburg County North Carolina My Commission Expires July 30, 2019 PHILI 4974028v.2 t3 Notary Public c ame:.1 /EtCaQ E. ktitates My Commission Expires: 70L- 80• 20/t';i BK 1829 PG 0897 EXHIBIT "A" All that tract or parcel of land Iying in Chatham County, North Carolina, and being more particularly described as follows: Being all of Tracts 1,2, and 3 as shown on map recorded in Plat Slide 2015-.215 Chatham County Registry. Together with real property rights as set forth in that certain Declaration of Covenants, Conditions, and Restrictions dated February 10, 2004, by and between Honeywell International, Inc., a Delaware corporation, and Moncure Volunteer Fire Department, Inc., a North Carolina corporation, recorded in February 10, 2004, in Book 1084, Page 346, and in Instrument No. 01664, Chatham County Registry. PHIL1 4974028v,2 Pis Flub Ncovv!c6q4 Belnick, Tom J) ►3erPA1, ?GAIT From: Sent: To: Cc: Subject: Attachments: Thompson, Jeff <jhompson nthersravenel.com> Wednesday, January 27, 2016 9:58 AM Belnick, Tom Poupart, Jeff; Risgaard, Jon; Reeder, Tom; Bryant, Chan; Styles, Laura NPDES/Performance Fibers - Renewal 120323-Performance Fibers NPDES permit.pdf Good Morning All, We are back to trying to make some progress with this project. Our Client has gone through the process of transferring the property and now we are in somewhat of an urgent need to transfer the existing NPDES permit (attached) to the new Owners. We are going through the motions today of getting both parties to sign the Name/Ownership change form. We expect to have that original in our hands on Friday of this week and will submit it at that time. Of greater concern is the requirement in the NPDES permit to apply for renewal 180 days before expiration. The current permit expires July 31, 2016, which places a requirement to have the application submitted by February 2"d (end of day), unless permission for a later date has been granted by the Director. With this email, I am stating our clients intend to apply for renewal/extension of the existing permit and requesting an extension for renewal submission. Please let us know if other documentation is for submittal by the end of February 2016. JT Jeff Thompson, PE Vice President, Water Resources required to request this extension. We expect to have the renewal ready 115 MacKenan Drive l Can'. NC 27511 1410 Commonwealth Drive. Suite 101 I Wilmington. NC 28403 Office: 919.469.3340 l Mobile: 910.477.0924 'thomp son�alwithersravenei. com CONFIDENTIALITY AND NONDISCLOSURE 0011, C44uM jet/ Thhv.yi s,ft 1:5111 ief From: Belnick, Tom [mailto:tom.belnick@ncdenr.gov] Sent: Tuesday, July 21, 2015 6:53 PM To: Thompson, Jeff <jthompson@withersravenel.com> Cc: Poupart, Jeff <jeff.poupart@ncdenr.gov>; Risgaard, Jon <jon.risgaard@ncdenr.gov> Subject: NPDES/Performance Fibers Jeff- just a short recap of the permitting discussion from our meeting on 7/14/2015: Performance Fibers WWTP (NC0001899) • The current permitted flow of 0.244 MGD will meet future needs. No expansion needed. • There is potential for two new wastestreams. A Major Permit Modification would be required since there would be significant change in wastewater characteristics. The fee for a Major Mod is $1030. A letter request for Major Permit Mod will suffice, with explanation of anticipated wastestreams/effluent characteristics. No Engineering Alternatives is needed since this is not a new/expanding facility. The Major Permit Mod will need to be noticed in a local newspaper for 30 days. • Note: NPDES did receive a Name Change request for this permit dated 6/8/2015, to change Permittee name from Performance Fibers to DuraFiber Technologies. Will DuraFibers remain the Permittee of record and responsible for compliance in the future? New Industrial WWTP • There was also discussion of a new industrial WWTP potentially discharging into an existing Western Wake Partners effluent line. I did not locate any info in our permit files regarding agreements between Western Wake Partners and Chatham County. We will need further discussion for this scenario. Feel free to contact me with additional questions. Tom Belnick Supervisor, NPDES Complex Permitting Unit NCDWR/Water Quality Programs 919-807-6390 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties ?eMiJ I?l-': NcODZ 1.V9 —1jost*v ki fiiumAllufrottr { Belnick, Tom 6✓0 wyt kPiti, q/�1s From: Risgaard, Jon Sent: Monday, August 31, 2015 12:40 PM To: Eckard, Sharon Cc: Bennett, Bradley; Belnick, Tom; Thornburg, Nathaniel; Smith, Danny Subject: RE: BFs application w/WWTP - New Hill, Chatham Co Sharon, Our NPDES wastewater permitting program has been in contact with new/proposed landowners of the Performance Fibers facility. Specifically, we have discussed how redevelopment of the site could impact the current NPDES discharge permit, and what alternatives they have for managing wastewater generated at the facility or neighboring facilities interested in tying on. It is unclear how a Brownfield agreement may impact the permits in place, so I have CC'd with this email to the following: Bradley Bennet—Stormwater Permitting program supervisor (NCS000100) Tom Belnick — NPDES wastewater permitting supervisor (NC000189) Nathaniel Thornburg — Non Discharge permitting supervisor (WQ0023197) Danny Smith — Raleigh Regional Office Supervisor. They may have questions concerning any cleanup activities that are occurring as part of the Brownfield agreement or other requirements that may impact the permit under their authority. Thanks for the heads -up. Jon Jon Risgaard - Wastewater Branch Chief Water Quality Permitting Section 1617 Mail Service Center Raleigh, NC 27699-1636 919-807-6458 http://portal.ncdenr.org/web/wq/swp/wwb From: Eckard, Sharon Sent: Monday, August 24, 2015 2:11 PM To: Risgaard, Jon Subject: BFs application w/WWTP - New Hill, Chatham Co Hi Jon — I am contacting you about a BFs application we have recently received for the former AlliedSignal/Performance Fibers plat in New Hill, Chatham Co. The Performance Fibers plant has been idle for about a year or so, and we have a Prospective Developer that wishes to purchase the plant, decommission and remove the buildings. The reuse will be commercial/industrial and for that reason they wish to retain the waste water treatment system (or a portion thereof) for future use. The pertinent ID numbers are: NCDWQ— WQ0023197 NPDES Stormwater— NCS000100 NPDES WWTP — NC000189 What would be the procedures/concerns from Water Resources for the PD to undertake this? Who would be the best person(s) for me to speak with at DWR about this site and this potential for reuse? Thanks, Sharon Sharon Poissant Eckard, PG Brownfields Project Manager NC Dept. of Environment & Natural Resources Division of Waste Management 1646 Mail Service Center Raleigh, NC 27699-1646 919.707.8379 phone & fax sharon.eckard@ncdenr.gov http://www.ncbrownfields.org Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 66441 t �-e WC- ) 8/'41 — (P4' rf R'Ib-ram► 7/Zv6 Belnick, Tom From: Thompson, Jeff <jhompson@withersravenel.com> Sent: Wednesday, July 22, 2015 11:14 AM To: Belnick, Tom Cc: Wicker, Michael; Poupart, Jeff Subject: FW: Performance Fibers NPDES Per Tom, See below for answer to question re: DuraFiber Technologies. In summary, our client intends to acquire the property from DuraFiber Technologies (formerly known as Performance Fibers). JT Jeff Thompson, PE Mobile: (910) 477-0924 From: Bryant, Chan Sent: Wednesday, July 22, 2015 11:10 AM To: Thompson, Jeff <ihompson@withersravenel.com>; dennis.wicker@nelsonmullins.com; Steve Stroud <SStroud@naicarolantic.com> Cc: Wicker, Michael <MWicker@withersravenel.com> Subject: RE: Performance Fibers NPDES Permit Name Change Jeff — PF restructured and sold assets in China which prompted this name change as they could not keep the name PF as part of the deal. CB From: Thompson, Jeff Sent: Wednesday, July 22, 2015 11:06 AM To: dennis.wicker@nelsonmullins.com; Steve Stroud Cc: Bryant, Chan; Wicker, Michael Subject: Performance Fibers NPDES Permit Name Change All, In our discussions with NCDENR regarding the Performance Fibers Wastewater Permit, they have informed me of the following: • Note: NPDES did receive a Name Change request for this permit dated 6/8/2015, to change Permittee name from Performance Fibers to DuraFiber Technologies. Will DuraFibers remain the Permittee of record and responsible for compliance in the future? Do we know anything about this? Let us know as soon as you can. JT Jeff Thompson, PE Mobile: (910) 477-0924 0,4 t k 1i( A anowil Belnick, Tom From: Belnick, Tom Sent: Tuesday, July 21, 2015 6:53 PM To: 'jthompson@withersravenel.com' Cc: Poupart, Jeff; Risgaard, Jon Subject: NPDES/Performance Fibers Jeff- just a short recap of the permitting discussion from eour meeting on 7/14/2015: Performance Fibers WWTP (NC0001899) • The current permitted flow of 0.244 MGD will meet future needs. No expansion needed. • There is potential for two new wastestreams. A Major Permit Modification would be required since there would be significant change in wastewater characteristics. The fee for a Major Mod is $1030. A letter request for Major Permit Mod will suffice, with explanation of anticipated wastestreams/effluent characteristics. No Engineering Alternatives is needed since this is not a new/expanding facility. The Major Permit Mod will need to be noticed in a local newspaper for 30 days. • Note: NPDES did receive a Name Change request for this permit dated 6/8/2015, to change Permittee name from Performance Fibers to DuraFiber Technologies. Will DuraFibers remain the Permittee of record and responsible for compliance in the future? New Industrial WWTP • There was also discussion of a new industrial WWTP potentially discharging into an existing Western Wake Partners effluent line. I did not locate any info in our permit files regarding agreements between Western Wake Partners and Chatham County. We will need further discussion for this scenario. Feel free to contact me with additional questions. Tom Belnick Supervisor, NPDES Complex Permitting Unit NCDWR/Water Quality Programs 919-807-6390 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties Co MQ4C'41? ..._ P Nct�o�lo��� 404 � 4421Ad ? 7--IY"MC � 1A1 Nciiov I8°91 CO, ea, I itt) if L. a ID 7‘ ,O arc _fd-L + osis aLfiLe/e, — p4 (cw T - 0---e0040-41) ftrw(r�-u.04,44-. A CW? MAI �Dii.lx1.1ua.1) povg_ TA pwR—r6,�� AFAI W')(C%k*/ta rikdAL v•-• 2 diada s amMIIMM /1lo,ici I'(t—A Ar-- o'/ram —Alit IAN e- kg. c!f /1 7L2 r4(079 6 htvl MAA lAidA-r C414 CAA irte tq,(41 S (ni --5ra..144-14 Q—And—tyl Si tf C-�°� 0 ay New , ( 41410A MoD,?' 59.4450A b•cild)/04 reitiotr Qd;� ww r Pe Ih1 i)7/3/`r o16 Aenelviti i4di 15o ail e/,o✓k. i/3i/zW Jeff Thompson, PE -- - Vice -President, Water Resourf es hod Mobile: 910-477-0924 -VOAr- � G� Withers & Ravenel, Inc. 115 MacKenan Drive FCtig Efr6wdeinA, ye6 Cary, NC 27511 IVU fr!eYr Office: (919) 469-3340 _ p0 Subject: Meeting Request - Performance Fibers :^nnrr, . --. Mr. Reeder, importance: High Crectlw7' e/A (2'�/'( Hope this email finds you well. We had met with you on April 23, 2015 to discuss the potential for utilizing this existing WWTF (associated with the shuttered Performance Fibers Industrial Plant) to treat wastewater for another use. At that time we were just wading into what the potential use might be and are now much further along in that regard. At this time we need some guidance on two issues and would like to discuss in a face to face meeting with you and potentially Tom Belnick. S ThPwo�issues�o be dis tisssed are. C will suffice. mo m p Iiiaa L 4) 1) What the Department needs from the fact ity s owner in order t update the permit for the new (off site) industry(ies). As an aside, we are no Ipnger considering any incr ase in capacity for this facility. The existing capacity R' A 0 /030 F�.� Dprecf oe- Tpieheicsj ®t {{ 2)In addition, we are now looking at the permitting and construction of a new industrial WWTF that could potentially discharge into the existing Western Wake Partners Effluent line utilizing almost half of Chatham County's 6MGD allocation in that line, at the existing stub out location. CV 1 T/907k% We have cleared our schedule to the extent we can next week to allow the following availability. If neither of these times is convenient for you, please respond with your availability. We anticipate trying to hold this meeting to one hour in length, at your office. Time is of the essence on item 1) above, we have done a fairly exhaustive headworks analysis to understand the treatment capabilities with respect to the anticipated influent, and are now in need of per r for same. Monday 7/13 — Any time Tuesday 7/14 — Any time Wednesday 7/15 — Need to be wrapped up by 3PM Friday is open 7/16 — Any time Thank you in advance for your time. JT Coat asL lead�aY Vkc ' -3 Oil /6"41 su ,11 03, sill4 ,1 ?. QF= Io7x edit,' 410 f R0b , l , y/2 /1S Loin, 1Y i� tt - 4o iv✓ G iv) Wit ati/„.7. WIC" ho-K //:C(n?73I6 Fvi/1v'? Sift CO4 a/fi141) r1J Belnick, Tom From: Belnick, Tom Sent: Friday, June 05, 2015 5:38 PM To: 'mwicker@withersravenel.com' Subject: NPDES NC0001899 Perf Fibers Michael- just wanted to get back to you following EAA discussion on Monday. I'd recommend conducting the evaluation for the entire flow to be requested (0.3 MGD) rather than the incremental increase above 0.244 MGD, since this is not a true expansion of the OCPSF operation. You'll need to justify the flow based on anticipated future activities at the site. If you are still evaluating the,possibility of coal ash leachate, I'll remind you that the receiving waterbody is a classified water supply (WS-IV). Let me know if any questions. Tom Belnick Supervisor, NPDES Complex Permitting Unit NCDWR/Water Quality Programs 919-807-6390 E-mail correspondence to and from this ad ess may be subject to the North Carolina Public Records Law and ma be disclosed to third parties l w 4 iJco tf07/ I dratg o iriolio w ,ia/ o /ooi erl"h 14 liVid 4-0 (-e[F 6'6sIk. Ai ti" Belnick, Tom rVaruDiS91 • From: Belnick, Tom Sent: Wednesday, April 29, 2015 5:02 PM To: 'tjroberts@aquaamerica.com' Cc: Poupart, Jeff Subject: NPDES/Performance Fibers Followup Attachments: EAA-Guidance-20140501-DWR-SWP-NPDES.pdf; Name-Ownerership-Change- Form-20150122-DWR-SWP-NPDES.docx Mr Roberts: As a quick followup to the meeting held on 4/23/2015 on the Performance Fibers/Moncure NPDES Permit NC0001899, I've attached the following: 1. Engineering Alternatives Analysis (EAA) Guidance- an EAA would need to be prepared for any increase in permitted flow. The current permitted flow for NC0001899 is 0.244 MGD. The EAA will need to justify flow and evaluate alternatives to direct discharge. The cost for the direct discharge alternative should include upgrades as needed to comply with BOD= 5mg/I, TP= 1.0 lb/day, and TN = 4.48 lb/day at 0.3 MGD. 2. Name/Ownership Change Form- if ownership is changing 3. Major Permit Modification Request for Expanded Flow to 0.3 MGD. There is no form for a major modification request, just a letter request + major modification fee of $1,030. You will need to include the EAA report with this request. Hope this helps. Let me know if any questions. Tom Belnick Supervisor, NPDES Complex Permitting Unit NCDWR/Water Quality Programs 919-807-6390 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties (O /L Zo►S CC! 1 IA" Cori 'Hrivt Mi c,Ci (,Jt cl�-r-� � G,);014 to �- 414bt J l At aid � a /ea c iaii dr" C6Q (a 4 (o.sM6) wR� e�al�+afi� �o�..►;h��l�� � P G• —604-- SW? tiVW t %� ► rm /1-i i J i OM.; *air MO K$.3y NC0001899- Performance Fibers Historical TN/TP Loading Based on CY2004-2006 Historical Load 4.48.Ib/day TN 1.0 lb/day TP 10.1/ Ib/d 800 Equiv Conc @ 0.1 MGD 5.37 mg/I TN Equiv Conc @ 0.2 MGD 2.68 mg/I TN 1.19 mg/I TP 0.60 mg/I TP Cwrot4 gOD I,, ,.f to.V �► 1-C� O.2Y 1 M (�', 60n "Ato = S. t J Equiv Conc @ 0.244 @ 0.3 MGD !lid) 2.20 mg/I TN 3M9t 0.49 mg/I TP Q. .I f NPDI.'S Permit r act afleet. - 1 i 1 vv ] t i / _ -Page 2 - /V/ b L ! J I11? i` NC0001899 T.imtit Development Process and non -process wasteflows have been historically difficult to characterize at this facility. In 1995 a monitoring study was conducted to characterize wastewater sources and their contribution to the total BOD loading. Based on that study it was determined that non -process flows contribute a significant BOD load (unlike typical OCPSF facilities) and that an additional allowance should be granted. The. existing BOD and TSS limits are therefore based on effluent guidelines for OCPSF process wastewater (40 CFR 414.30), non -process wastewater and sanitary wastes. No change to these calculated limits is recommended for his renewal. III.. Compliance Summary DMR Data Review Monthly average flows are at 33% capacity with maximum monthly average flows at 45% capacity. This is a slight decrease from the previous renewal. All limited parameters are well within permit requirements. The facility does currently chlorinate and past permits did include a fecal coliform limit. That limit was removed in the previous permit on the basis that the dilution ratio for the 0.01 MGD sanitary flow is approximately 2500:1 based on a 40 cfs 7Q10 flow in the Haw River. Current policy requires a fecal coliform limit for facilities with a dilution ratio of less than 331:1 (unless the discharge is to a class B or a coliform impaired waterbody). Performance Fibers chlorinates the entire wasteflow (process, non -process, and sanitary) in order to comply with the fecal coliform limit, and has indicated that they would have no reason to add chlorine to the wastestream if there were no fecal coliform requirement. Therefore both fecal coliform and chlorine monitoring will be removed from the draft permit. Table 1. Summary of 2004-2006 Monthly Average DMR Data Avg Max Min Limit Flow Temp. TRC BOD TSS D.O. ( TN TP (MGD) -(deg C) (mg/L) (#/day) (#/day) (mg/L) - /day) _ (#/day) 0.08 0.11 0.05 0.244 18.77 26.29 9.69 0.14 0.2 0.08 1.29 2.00 0.22 10.4 2.94 4.46 1.48 5.0 9.05 12.60 6.00 4.' . 10.25 1.25 1. 2.00 0.35 Specific Conductance 949.07 1440.00 0.00 O&G pH (#/day) 7.37 7.70 7.13 6-9 3.21 5.50 0.60 20 Instream Data Review The permit requires temperature, conductivity, and DO monitoring instream, however these requirements are waived while the facility is a member of the Lower Cape Fear River Basin Association. Currently there is a downstream coalition monitoring station, but no upstream station to provide comparative data. Therefore instream data was not reviewed for this renewal. However the 2005 Cape Fear Basin Plan lists this segment of Haw River as supporting for its aquatic life and recreational uses. RPA Analysis The facility does not currently have monitoring for toxicants (other than OCPSF requirements) at outfall 001. Although several metals were present in the pollutant scan submitted as part of the permit application, none existed in concentrations that could be expected to cause an exceedance of water quality standards. Also, no parameters were detected as part of the yearly OCPSF scans. The facility currently has annual monitoring for zinc and fluoride at outfall 002. Based on the low levels of these pollutants present in the discharge and the high dilution instream, an RPA was not conducted for these parameters. Table 2 summarizes fluoride and zinc data. Since there are so few data points, values from the previous renewal were reviewed as well, but are not included in the table. Based on the data, fluoride and zinc monitoring will be removed from the permit. d•I mit eix4, 0.2-1I to•2YM 3 tf-4 S i4/� 5.37 411-1 �Z- bS r� - Zo, TP f o/4/4 n1+ 3.) Cis- 0. Z ma-191.0 Iwo( -77 adjui 0.0 70 0.(ilmif MiT Belnick, Tom From: Reeder, Tom Sent: Monday, April 13, 2015 10:33 AM To: Poole, Charles R. Cc: Poupart, Jeff; Belnick, Tom; Hobbs, Cindy E Subject: RE: Performance Fibers NPDES Ruffin — Thursday, April 23rd at 3:00 pm will work for us. Thanks. Tom Reeder Assistant Secretary for Environment NC Department of Environment and Natural Resources 919-707-8619 tom.reeder@ncdenr.gov From: Poole, Charles R.[mailto:CRPoole©aquaamerica.coml Sent: Monday, April 13, 2015 9:42 AM To: Reeder, Tom Subject: Performance Fibers NPDES Tom: I appreciated you getting back to me last week. Here are some options in regards to discussing some options about the Performance Fibers NPDES and Moncure Industrial Park. If neither of these time slots work for you and a member of the NPDES staff, then we can provide some more possibilities. • Friday, April 17th anytime from 1-3pm • Thursday, April 23rd anytime from 3-5pm The meeting will consist of the following individuals: Steve Stroud (Carolantic Realty) representing Moncure Holdings, LLC Tom Roberts (Aqua North Carolina) Mike Poulios, P.E. (Aqua North Carolina) Ruffin Poole (Aqua North Carolina) Thanks for your consideration A LJa_ C. Ruffin Poole Manager of Corporate Development Aqua North Carolina, Inc. 202 MacKenan Court Cary, NC 27511 0: 919-653-6967 M: 919-625-2526 0©0 I2rii FrLe; ivc f1)&40 Belnick, Tom lo/7,01i From: Belnick, Tom Sent: Wednesday, October 22, 2014 1:41 PM To: Reeder, Tom Cc: Poupart, Jeff Subject: NPDES/Performance Fibers Tom- some info on your inquiry about Performance Fibers WWTP (NC0001899) in Chatham County. This facility discharges to Haw River below Jordan Lake dam and above Buckhorn dam, thus it is NOT subject to Jordan Lake Rules. However, the area between the dams has experienced algal blooms in the past and was listed as impaired for chl-a in 2006/2008. This prompted the following statement in the Cover letter to the NPDES permit renewal back in 2007: > Please note that the Division has added the Cape Fear River (from the confluence of the Haw and Deep Rivers to Sanford) to the 2006 303(d) list due to chlorophyll a exceedances. The Modeling Unit expects to initiate stream studies in 2010 and modeling in 2012 to determine limits for nutrient and oxygen -demanding wastes in these waters. It is possible that the Division will expect dischargers to conduct supplementary TN and TP monitoring to support stream studies and modeling beginning around January 2009. Due to the fact that these efforts are underway, EPA recommended that Performance Fibers not be allowed to increase its historical nutrient loading until the Division completes a TMDL. However, rather than add a nutrient limit (narrative or numerical) at this time, the Division agreed to limit future expansions at this facility to current nutrient loads until the TMDL is completed. The 2005 Basin Plan also recommended no additional TN/TP loading to this segment. The TMDL schedule has slipped, but this segment is now captured in the Central portion of Cape Fear River identified as Priority #3 in the NC NCDP with a schedule for nutrient criteria development concluding in 2021. A cursory review of the current NPDES permit indicates TN/TP monitoring only. Discharge in 2014 averages about 50,000 gal/day, TP conc. is generally low (< 1 mg/1 TP), but there is some TN contribution (4-8 mg/1 TN). Let me know if any questions. Planning (Nora, Kathy) would likely have more up-to-date info on instream conditions and 303(d) updates. Segment was not listed as impaired for chl-a in 2010/2012, but this might be due to lack of sufficient sampling. Tom Belnick Supervisor, NPDES Complex Permitting Unit NCDWR/Water Quality Programs 919-807-6390 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties bq it _-050mu) x8.3yx 1.1jl, TN /WWd 71°=oa5oio x8.3y iv`<pyf / 2.5 ILlo(-` r 0.E/17114( -* L•sti _©-ZWft _x6.3Yx xfrj/I 0.yt7WI: a.xe.3toc I.ZnotfIN 7 O.2m/Jr, Cape Fear River Basin > AU Number Name 2012 North Carolina 303(d) List -Category 5 10-digit Watershed Description 0303000306 Lower Deep River Length or Area Units Classification Category Rating Use Reason for Rating Parameter Year > 17-40 Big Buffalo Creek From source to Deep River 8.0 FW Miles C 5 5 Impaired Aquatic Life Fair Bioclassification Ecological/biological Integrity FishCom 2006 Cape Fear River Basin Cape Fear River Basin > 18-7-(11) Buckhorn Creek (Harris Lake) 8-digit Subbasin 10-digit Watershed 0303000401 12-digit Subwatershed 030300040105 03030004 From dam at Harris Lake to Cape Fear River Little River -Cape Fear River Buckhorn Creek -Cape Fear River Daniels Creek -Cape Fear Rive 4.3 FW Miles C 5 5 Impaired Aquatic Life Standard Violation Low Dissolved Oxygen 2010 12-digit Subwatershed 030300040104 > 18-(4.5) CAPE FEAR RIVER From a point 0.5 mile upstream of NC Hwy 42 to NC Hwy 42 (Sanford 0.5 water supply intake) FW Miles Gulf Creek -Cape Fear Rive WS-IV;CA 5 5 Impaired Aquatic Life Standard Violation Chlorophyll a 2006 > 18-5-(1)b Gulf Creek From clay pit below SR 1924 to a point 0.2 mile upstream of mouth 2.7 FW Miles WS-IV 5 5 Impaired Aquatic Life Poor Bioclassification Ecological/biological Integrity FishCom 1998 > 18-5-(2) Gulf Creek From a point 0.2 mile upstream of mouth to Cape Fear River 0.3 FW Miles WS-IV;CA 5 5 Impaired Aquatic Life Poor Bioclassification Ecological/biological Integrity FishCom 2000 12-digit Subwatershed 030300040101 > 18-4-(2) Lick Creek From dam at Olhams Lake to Cape Fear River Lick Creek 10.3 FW Miles WS-IV 5 Impaired Aquatic Life Standard Violation Low Dissolved Oxygen 5 Impaired Aquatic Life Standard Violation Low pH Cape Fear River Basin Friday, August 24, 2012 10-digit Watershed 0303000405 12-digit Subwatershed 030300040505 'Approved by EPA August 10, 2012 2006 2012 5 Boles Creek -Cape Fear River Dry Creek -Cape Fear Rive: Page 17 of 170 NC 2010 Integrated Report Categories 4 and 5 Impaired Waters A1113,123 Waters in NC are in Category 5-303(d) List for Mercury due to statewide fish consumption advice for several fish species AU_Number Category Parameter AU_Name Cape Fear River Basin Cape Fear River Basin Cape Fear River Basin AU_Description LengthArea AU Units Classification Reason for Rating Use Category Collection Year 303(d)year Buckhorn Creek -Cape Fear River Watershed 0303000401 Little River -Cape Fear River Subbasin 03030004 Buckhorn Creek -Cape Fear River Watershed 0303000401 Q 18-7-(11) Buckhorn Creek (Harris Lake) Low Dissolved Oxygen From dam at Harris Lake to Cape Fear River 4.3 FW Miles C Standard Violation Aquatic Life 2008 2010 C) 18-(4.5) Chlorophyll a CAPE FEAR RIVER From a point 0.5 mile upstream of NC Hwy 42 to NC Hwy 42 (Sanford water supply intake) 0.5 FW Miles WS-IV;CA Standard Violation Aquatic Life 2008 2006 Q 18-5-(1)b Gulf Creek From clay pit below SR 1924 to a point 0.2 2.7 FW Miles WS-IV mile upstream of mouth 5 Ecological/biological Integrity FishCom Poor Bioclassification Aquatic Life 1993 1998 Q 18-5-(2) Gulf Creek From a point 0.2 mile upstream of mouth 0.3 FW Miles WS-IV;CA to Cape Fear River Ecological/biological Integrity FishCom Poor Bioclassification Aquatic Life 1993 2000 Q 18-4-(2) Lick Creek Low Dissolved Oxygen From dam at Olhams Lake to Cape Fear River 10.3 FW Miles WS-IV Standard Violation Aquatic Life 2008 2006 Cape Fear River Basin Buies Creek -Cape Fear River Watershed 0303000405 Q 18-(16.7) Copper CAPE FEAR RIVER From Lillington water supply intake to Upper Little River Standard Violation Aquatic Life 9.0 FW Miles WS-IV 2008 2008 Q 18-16-1-(2) Kenneth Creek From Wake -Harnett County Line to Neils Creek Ecological/biological Integrity Benthos Fair Bioclassification Aquatic Life Q 18-16-(0.3) Neills Creek (Neals Creek) From source to a point 0.3 mile upstream of Wake -Harnett County Line Ecological/biological Integrity Benthos Poor Bioclassification Aquatic Life 3.9 FW Miles WS-IV 2007 1998 2.6 FW Miles C 2003 2006 C) 18-16-(0.7)a Neills Creek (Neals Creek) Ecological/biological Integrity Benthos From a point 0.3 mile upstream of Wake - Harnett County Line to SR 1441 Poor Bioclassification Aquatic Life 2.0 FW Miles WS-IV 2003 2006 Cape Fear River Basin Cross Creek -Cape Fear River Watershed 0303000407 Q 18-27-(3)b Cross Creek (Big Cross Creek) From Hillsboro Street to Blounts Creek 1.4 FW Miles C 5 Ecological/biological Integrity Benthos Fair Bioclassification Aquatic Life 2008 2010 NC 2010 Integrated Report Category 4 and 5 303(d) List EPA Approved Aug 31, 201 9/20/2010 Page 14 of 145 Assessment Unit Number Name Description Classification Old DWQ Subbasin Miles/Acres Cape Fear River Basin Haw River 8-Digit Subbasin 03030002 Use Use Support Support Category Rating Reason for Rating 16-41-1-12-(2) Third Fork Creek From a point 2.0 miles upstream of NC HWY. 54 to New Hope Creek WS-IV;NSW 03-06-05 3.9 FW Miles Parameter of Collection Listing IR Interest Year Year Category Aquatic Life Impaired Standard Violation Copper 2008 2008 5 Aquatic Life Impaired Poor Bioclassification Ecological/biological Integrity 1993 1998 4s Benthos Aquatic Life Impaired Standard Violation Low Dissolved Oxygen 2006 2008 5 16-12-1 Tickle Creek (Trickle Creek) From source to Travis Creek C;NSW 03-06-02 5.0 FW Miles 16-17 Town Branch From source to Haw River C;NSW 03-06-02 16-12 Travis Creek From source to Haw River C;NSW 03-06-02 4.2 FW Miles Aquatic Life Impaired Fair Bioclassification Ecological/biological Integrity 2006 2008 5 Benthos Recreation Impaired Standard Violation Fecal Coliform (recreation) 2006 1998 4a 7.3 FW Miles Aquatic Life Impaired Fair Bioclassification Ecological/biological Integrity 2006 2008 5 Benthos 16-11-5-1-(2) Unnamed Tributary at Guilford College From dam at Guilford College bathing lake to Horsepen Creek WS-III;NSW 03-06-02 1.3 FW Miles Aquatic Life Impaired Poor Bioclassification Ecological/biological Integrity 2001 2006 5 Benthos 16-21a Varnals Creek From source to Rock Creek C;NSW 03-06-02 4.6 FW Miles Aquatic Life Impaired Fair Bioclassification Ecological/biological Integrity 2000 2006 5 Benthos Cape Fear River Basin 17-40 Big Buffalo Creek From source to Deep River C 03-06-11 8.0 FW Miles Deep River 8-Digit Subbasin 03030003 Aquatic Life Impaired Fair Bioclassification Ecological/biological Integrity 2003 2006 5 FishCom 17-26-5-(1)b Cabin Creek From Cotton Creek to Moore County SR 1281 WS-III 03-06-10 1,2 FW Miles Aquatic Life Impaired Fair Bioclassification Ecological/biological Integrity 1992 2000 5 Benthos 18-(4.5) CAPE FEAR RIVER Aquatic Life Impaired Standard Violation Chlorophyll a From a point 0.5 mile upstream of NC Hwy 42 to NC Hwy 42 (Sanford water supply intake) WS-IV;CA 03-06-07 0.5 FW Miles 2006 2006 5 All NC Waters are in Category 5 due to statewide Fish Consumption Advice for Mercury Category 5 Assessments require TMDL development per Clean Water Act Section 303(d) 2008 North Carolina Integrated Report Category 4 and 5 Impaired Waters List- 2010311 Page 8 of 139 7/0 z Assessment Unit Number Name Use Description Use Support Support Reason for Parameter of IR- Classification Old DWQSubbasin Miles/Acres CategoRating g Collection Listing Category n Rating Interest Year g ry Cape Fear River Basin Deep River 8-Digit Subbasin 03030003 17-9-(2) Muddy Creek From a point 0.5 mile upstream of mouth to Randleman Reservoir WS-IV;CA:* 03-06-08 0.8 FW Miles Recreation Impaired Standard Violation Fecal Coliform (recreation) 1998 4a 17-12-1 Penwood Branch From source to Haskett Creek C 03-06-09 6.1 FW Miles Aquatic Life Impaired Fair Bioclassification Ecological/biological Integrity 2003 2006 5 Benthos 17-7-(0.5) Richland Creek From source to a point 0.4 mile upstream of Guilford County SR 1154 WS-IV:* 03-06-08 6.4 FW Miles Aquatic Life Impaired Fair Bioclassification Ecological/biological Integrity 2003 1998 5 FishCom Recreation Impaired Standard Violation Fecal Coliform (recreation) 2006 1998 4a 17-7-(4) Richland Creek From a point 0.4 mile upstream of Guilford County SR 1154 to Randleman Reservoir, Deep River WS-IV;CA:* 03-06-08 1.7 FW Miles Aquatic Life Impaired Fair Bioclassification Ecological/biological Integrity 2003 1998 5 FishCom Recreation Impaired Standard Violation Fecal Coliform (recreation) 2006 1998 4a 17-43-13a Tick Creek Aquatic Life Impaired Fair Bioclassification Ecological/biological Integrity 2003 2006 5 FishCom • From source to US 421 C 03-06-12 8.2 FW Miles 17-3-(0.3) West Fork Deep River From source to a point 0.3 mile downstream of Guilford County SR 1850 WS-IV:* 03-06-08 5.4 FW Miles Aquatic Life Impaired Poor Bioclassification Ecological/biological Integrity 2004 2008 5 FishCom 17-3-(0.7)a West Fork Deep River(Oak Hollow Reservoir) Aquatic Life Impaired Standard Violation Turbidity 2006 2006 5 From a point 0.3 mile downstream of Guilford County SR 1850 to SR 1818 WS-IV;CA:* 03-06-08 0.5 FW Miles Cape Fear River Basin 18-(1) CAPE FEAR RIVER From junction of Haw River and Deep River to a point 0.5 mile upstream of NC Hwy 42 WS-IV 03-06-07 3.2 FW Miles Little River -Cape Fear River 8-Digit Subbasin 03030004 Aquatic Life Impaired Standard Violation Chlorophyll a 2006 2006 5 18-(16.7) CAPE FEAR RIVER Aquatic Life Impaired Standard Violation Copper 2008 2008 5 From Lillington water supply intake to Upper Little River WS-IV 03-06-07 9.0 FW Miles All NC Waters are in Category 5 due to statewide Fish Consumption Advice for Mercury Category 5 Assessments require TMDL development per Clean Water Act Section 303(d) 2008 North Carolina Integrated Report Category 4 and 5 Impaired Waters List- 2010311 Pagel] of 139 CAPE FEAR River Basin Subbasin 03-06-06 Assessment Impaired Year Waterbody and Description Unit (AU) Class Subbasin Use Listed Category and Reason for Listing Potential Source(s) Miles or Acres Morgan Creek (including the 16-41-2-(9.5) WS-IV 03-06-06 5 836.2 FW Acres Morgan Creek Arm of New NSW CA Hope River Arm of B. Everett Jordan Lake) From Chatham County SR 1726 (Durham County SR 1109) to New Hope Creek Arm of New Hope River Arm of B. Everett Jordan Lake CAPE FEAR River Basin AL 2002 5 Standard violation: Chlorophyll a MS4 NPDES WWTP NPDES Subbasin 03-06-07 CAPE FEAR RIVER 18-(1) WS-IV 03-06-07 5 From junction of Haw River and Deep River to a point 0.5 mile upstream of NC Hwy AL 2006 5 Standard violation: Chlorophyll a 42 CAPE FEAR RIVER 18-(4.5)a WS-IV CA 03-06-07 5 From a point 0.5 mile upstream of NC Hwy 42 to NC Hwy 42 (Sanford water supply AL 2006 5 Standard violation: Chlorophyll a Unknown intake) East Bules Creek 18-18-1-(2) WS-IV 03-06-07 5 From a point 0.2 mile downstream of NC Hwy 55 to Buies Creek Gulf Creek 3.2 FW Miles AL 2006 5 Standard violation: Low Dissolved Unknown Oxygen 18-5-(1)a WS-IV 03-06-07 6 From source to clay pit below SR 1924 AL 1998 6 Impaired biological integrity Gulf Creek 18-5-(1)b WS-IV 03-06-07 6 From clay pit below SR 1924 to a point 0.2 mile upstream of mouth AL 1998 6 Impaired biological integrity Gulf Creek 18-5-(2) WS-IV CA 03-06-07 6 From a point 0.2 mile upstream of mouth to Cape Fear River 0.5 FW Miles 6.2 FW Miles 3.6 FW Miles 2.7 FW Miles AL 2000 6 Impaired biological integrity Kenneth Creek 18-16-1-(2) WS-IV 03-06-07 6 From Wake -Harnett County Line to Neils Creek 0.3 FW Miles AL 1998 6 Impaired biological integrity Impervious Surface WWTP NPDES 3.9 FW Miles North Carolina 303(d) List- 2006 Tuesday, June 19, 200 CAPE FEAR Basin 03-06-07 Page 10 of 125 Berri Ron From: Zhang, Cheng Sent: Friday, March 21, 2014 1:57 PM To: Berry, Ron Cc: Corporon, Joe Subject: RE: Spill Follow-up - Performance Fibers, New Hill Facility NC0001899 Attachments: Performance fibers (2).pdf Please see attached file (scanned from the expired permit, we do not have the boiler plate for current permit), which is what Performance Fibers cited (Part III, Section C, part b (2)) Thanks, Cheng Zhang Environmental Senior Specialist NCDENR- Raleigh Regional Office Water Quality Regional Operations Section 1628 Mail Service Center Raleigh, NC 27699-1628 Office (919) 791-4259 Fax (919) 788-7159 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Berry, Ron Sent: Friday, March 21, 2014 1:07 PM To: Zhang, Cheng Cc: Corporon, Joe Subject: RE: Spill Follow-up - Performance Fibers, New Hill Facility NC0001899 Parts Ili -IV are standard boiler plate narratives provide as additional narratives required on all issued NPDES permit. Per Section C introductory paragraph this whole section is in reference to 40 CFR 122.42 which is a federal standard. This is a "notification level", it is up to the regulatory authority once reported, in this case North Carolina DENR/DWQ, how this is addressed. From: Zhang, Cheng Sent: Friday, March 21, 2014 12:45 PM To: Berry, Ron; Corporon, Joe Subject: RE: Spill Follow-up - Performance Fibers, New Hill Facility NC0001899 Ron, Thanks for the information. Would you please provide some rationale about Part III, Section C, part b (2) in the permit? The facility's thought of discharge the contained spill cooling water in the stormwater pond seems based on that. Cheng Zhang Environmental Senior Specialist NCDENR- Raleigh Regional Office Water Quality Regional Operations Section 1628 Mail Service Center 1 . Raleigh, NC 27,699-1628 Office (919) 791-4259 Fax (919) 788-7159 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Berry, Ron Sent: Friday, March 21, 2014 12:16 PM To: Corporon, Joe Cc: Zhang, Cheng Subject: RE: Spill Follow-up - Performance Fibers, New Hill Facility NC0001899 Joe, I reviewed the NPDES permit and have the following observations and recommendations. A NPDES discharge cannot violate the Water Supply (receiving stream classification) water quality standard for Antimony of 5.6 µg/L (applied as a daily limit) or result in the violation of any limits assigned to the permitted outfall or any other water quality standards. Outfall 002 which discharges to Shaddock Creek has no instream dilution available. The DMR daily historical flow prior to January 2011 from Outfall 002 ranged from 0.01MG to 0.44 MG. The existing effluent background Antimony concentration is unknown. Outfall 001 which discharges to the Haw River has an IWC of 0.94% (significant amount of stream dilution) and a permitted flow limit of 0.244 MGD. The DMR daily historical flow prior to January 2011 ranged from 0.01 MG to 0.31 MG. The existing effluent background Antimony concentration is unknown. Both outfalls are to receiving streams classified as WS-IV. Any proposed NPDES discharges, new or amended, must be reviewed and approved by the Regional Public Water Supply (PWSS) Engineer. To comply with water quality standards at the NPDES permitted discharge point, the Permittee should develop a plan and submit to the Raleigh Regional Office (RRO) either: 1) Pump and haul scenario to an approved off site treatment/disposal facility (no impact to permitted NPDES discharge), 2) Design and propose a new treatment process on site to reduce the Antimony to meet water quality standards, 3) Determine and propose an alternative operation of existing treatment and NPDES outfalls to meet water quality standards. In case 2) and 3) above the permitted Outfall which receives the Antimony influent should be assigned an Antimony monitoring protocol during the duration of the Antimony influent discharge to validate the Antimony water quality standard or any other suspect water quality standards are not exceeded, and as a control point for the particular treatment being employed. Again, prior to final approval for case 2) or 3) above the Regional PWSS Engineer approval is required. The Permittee should provide a statement that Antimony is the pollutant of concern, a list of analysis for all pollutant investigated, and a statement the Permittee believes no other pollutants are present. Ron Berry Environmental Engineer I Complex Permitting Unit NCDENR/DWR/Water Quality Permitting Section Phone: (919) 807 - 6396 Email: ron.berry ncdenr.gov Fax: (919) 807 - 6489 Location Address - Archdale Building, Office 925Y 512 N. Salibury St. Raleigh, NC 27699 2 , Mailing Address - Archdale Building, NCDENR/DWR 1617 Mail Service Center Raleigh, NC 27669-1617 From: Corporon, Joe Sent: Friday, March 21, 2014 9:42 AM To: Berry, Ron Cc: Zhang, Cheng Subject: FW: Spill Follow-up - Performance Fibers, New Hill Facility NC0001899 Ron— considering you drafted the latest permit, I forward this to you for response, per our discussion; cc Cheng Zhang. Respectfully, Joe R. Corporon, L.G. ROC Compliance and Expedited Permitting DWR Division of Water Resources NCDENR/ NPDES Program / Water Quality Permitting Section 919-807-6394; FAX 919-807-6495 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Zhang, Cheng Sent: Friday, March 21, 2014 9:17 AM To: Corporon, Joe Subject: FW: Performance Fibers New Hill Facility - Spill Follow-up Joe, It seems the current permit does not have boilerplate. Thanks. Cheng Zhang Environmental Senior Specialist NCDENR- Raleigh Regional Office Water Quality Regional Operations Section 1628 Mail Service Center Raleigh, NC 27699-1628 Office (919) 791-4259 Fax (919) 788-7159 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 3 • From: Stewart; Martyb[mailto:Marty.Stewart@performancefibers.com] Sent: Monday, March 17, 2014 1:57 PM To: Parnell, David; Zhang, Cheng Cc: Steber, John; Smith, Danny Subject: Performance Fibers New Hill Facility - Spill Follow-up Gentlemen, I wanted to follow-up on the information sent to your office last week and make sure we are all comfortable with any actions as we move forward. We received our sample results last week (as you were updated on daily) on both ethylene glycol and antimony (Sb) from the spill pond itself and the 002 outfall to Shaddox Creek, that the pond may release flow to. Both samples at the outfall 002 were non -detectable, which confirms we did not release any material offsite. In the spill pond itself, our sample analyzed for ethylene glycol was at non -detection levels. The sample analyzed for Sb showed a level of 907 micrograms/liter (0.91miligrams/liter). Our stormwater permit (NCS000100) does have a benchmark level of 0.09 mg/L for Antimony at our four permitted outfalls (1-4), so that benchmark was exceeded. But 002 outfall is technically a part of the NPDES Wastewater permit (NC0001899) and according to Part III, Section C, part b (2) we are required to notify if a discharge of 1 mg/I of Sb occurs. So we would be under that 1mg/L level. Based on these numbers, I don't feel it would be an issue to discharge from this pond going forward. I would like your opinion on this before we discharge to the creek. If more samples at the outfall and the pond would set your mind at ease, I am ok with that as well. Let John know your thoughts or if you like, contact me. Thanks for working with us on this issue. Performance r Fibers Marty R. Stewart, RSO HSE Leader — Salisbury Plant Regional Environmental Leader Moncure, Salisbury, Shelby and Winnsboro Plants marty.stewart(U7performancefibers.com Performance Fibers, Inc. 704.642.2197 (Salisbury Office) 919.210.3527 (Mobile) 919.545.3154 (Moncure Office) Disclaimer: This e-mail communication and any attachments may contain confidential and privileged information and is for use by the designated addressee(s) named above only. If you are not the intended addressee, you are hereby notified that you have received this communication in error and that any use or reproduction of this email or its contents is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by replying to this message and deleting it from your computer. Thank you. 4