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Home My WebLink AboutNCS000202_APPLICATION_20150309-------STORMWATER-DIVISION-CODING-SHEET—� PERMIT NO. N CScoo awl DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO [APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ ao' S 0/� Qq YYYYM M D D Herbert, Laura C From: Ireland, Laurie <Ireland.Laurie@epa.gov> Sent: Monday, March 09, 2015 3:46 PM To: Herbert, Laura C Subject: Re: Request Copy of Most Recent Permit No. NCS000202 - United States Gypsum This is great. Thanks! From: Herbert, Laura C <laura.herbert@ncdenr.eov> Sent: Monday, March 9, 2015 3:42 PM To: Ireland, Laurie Subject: FW: Request Copy of Most Recent Permit No. NCS000202 - United States Gypsum Laurie, Attached are the US Gypsum does requested. If you need signed copies, let me know and I will get them from our Central Office. Also attached is the Certificate of Coverage for the Unimin — Buna Mine (previously was K T Feldspar) — C00O20273. Let me know if you need more info or have any questions. Thanks, Laura Laura Herbert, P.E. Regional Engineer Division of Energy, Mineral, and Land Resources - Land Quality Section NCDENR-Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 Tel:828-296-4500 Fax:828-299-7043 http://portal.ncdenr.org/web/Ir Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Bennett, Bradley Sent: Monday, March 09, 2015 8:46 AM To: Herbert, Laura C; Georgoulias, Bethany; Alexander, Laura Subject: RE: Request Copy of Most Recent Permit No. NCS000202 - United States Gypsum Laura, The NCS permits aren't available on the website right now. I have attached the most recent copy. I can scan in and send you a signed version if you need it. m Bradley Bennett . Stormwater Permitting Program NC Division of Energy, Mineral and Land Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Phone: (919)807-6378 Fax: (919) 807-6494 Email: bradley.bennett(a)ncdenr.gov Web: http://portal.ncdenr.org/web/Ir/stormwater Email correspondence to and from this address may be subject to public records laws From: Herbert, Laura C Sent: Friday, March 06, 2015 5:28 PM To: Bennett, Bradley; Alexander, Laura; Georgoulias, Bethany Subject: Request Copy of COC NCG020273 - K-T Feldspar Corp - Buna Mine All, We have had a request for a copy of this letter from EPA Region IV and we do not have a copy in the file. Can you all scan and send me a copy of this, or direct me to a location that I can find this? Thanks! Laura Laura Herbert, P.E. Regional Engineer Division of Energy, Mineral, and Land Resources - Land Quality Section NCDENR-Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 Tel:828-296-4500 Fax:828-299-7043 http://portal.ncdenr.org/web/Ir Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties unless the content is exempt by statute or other regulation. Herbert, Laura C From: Herbert, Laura C Sent: Friday, March 06, 2015 5:59 PM To: 'Ireland, Laurie'; Davidson, Landon Subject: RE: Permits and Inspection reports Attachments: NCG 02 General Permit for Mines.pdf; Altapass Certificate of Coverage.pdf; 06 09 14 inspection NCG020818.pdf; Schoolhouse Certificate of Coverage.pdf; 12 6 12 Schoolhouse inspection.pdf; 09 24 14 Buna Inspection NCG020273.pdf, 5 30 13 US Gypsum inspection.pdf Laurie, See the attached documents. If you need more info/docs just let us know. Note that NCG020818, NCG020795; and NCG020273 are all NPDES General Permit NCG020000 — Mining and Quarry Operations —"To Discharge Stormwater, Mine Dewatering, and Process Wastewater Under the NPDES." I have attached a copy of the general permit and the Certificate of Coverage letter for these facilities. Attachments: NCG020000 — General Permit Spruce Pine Facility (The Feldspar Corporation —Alta pass Facility) NCG020818—Certificate of Coverage —The Feldspar Corporation (Spruce Pine Facility) Inspection Report — 06/09/2014 Schoolhouse Quartz Facility (Unimin) NCG020795 —Certificate of Coverage Inspection Report — 12/06/2012 Spruce Pine Operations (KT Feldspar — Buna Mine) NCG020273 Inspection Report — 9/24/2014 US Gypsum Co — Altapass Road NCS000202 (NPDES Individual Stormwater Permit) — Most current revision is still in review - Have requested a copy of the expired permit from RCO and will forward upon receipt. Inspection Report — 5/30/2013 Laurie, let me know if you have any questions or need more info. Thanks and have a great weekend! Laura Laura Herbert, P.E. Regional Engineer Division of Energy, Mineral, and Land Resources - Land Quality Section NCDENR-Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 Tel:828-296-4500 Fax:828-299-7043 http://Portal.ncdenr.org/web/Ir Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Ireland, Laurie[mailto:Ireland.Laurie(d)epa.gov] Sent: Wednesday, March 04, 2015 2:34 PM To: Davidson, Landon; Herbert, Laura C Subject: Permits and Inspection reports Hi Laura and Landon, Hope things are great in Asheville! Would you please send me the permits and the most recent inspection reports for the following NPDES numbers? It appears to be a mix of stormwater and industrial wastewater permits. last NPDES Facility Name in ICIS inspection Related NPDES NC0000175 QUARTZ OPERATION 9/4/2011 NC0000353 SPRUCE PINE FACILITY 6/9/2014 NCG020818 NC0000361 SCHOOLHOUSE QUARTZ FACILITY 12/6/2012 NCG020795 NC0000400 SPRUCE PINE OPERATIONS 9/24/2014 NCG020273 NC0084620 CRYSTAL OPERATION 9/4/2011 NCS000202 UNITED STATES GYPSUM CO 5/30/2013 If you have any questions —feel free to give me a call. Thanks! Laurie E. Ireland (Lindquist) Enforcement Officer Municipal and Industrial Enforcement Section US EPA Region 4 61 Forsyth Street Atlanta, GA 30303 404.562.9249 ireland.laurie@epa.gov 2 Herbert, Laura C From: Pickle, Ken Sent: Monday, March 09, 2015 11:46 AM To: Herbert, Laura C Cc: Bennett, Bradley; Georgoulias, Bethany Subject: USGypsum, Mitchell County NCS000202 Hi Laura I understand you are preparing for an EPA review of this site. I'm not sure what's in your files, but there was some discussion in April —June 2013 about their benchmark exceedances on TSS and aluminum. DWQ ARO was in the loop of all the communications, and Tim Fox inspected the site during this period. He found them non -compliant. (Kevin Barnett inspected the site in 2008.) USG called me to initiate a discussion on the aluminum benchmark in their individual permit. They receive mined mica ore, grind it to spec, and then ship it off site for industrial uses. Aluminum is the basic metallic building bloc of the type of mica they process. The permittee asserted that they could never meet the aluminum benchmark, and that it was unreasonable to ask them to do so. They advanced an argument essentially that the EPA lab procedure unrealistically called for the digestion of the sample with HNO3 and HCI, which would never be duplicated in the natural aquatic environment, and so the toxic dissolved form of aluminum was over -represented in the lab results. We were in the process of evaluating this argument as a basis for revisions to the permit requirements on aluminum, but did not carry those efforts to an action point narrowly related just to aluminum. Instead, I advised USG that we would post -pone resolution of the aluminum issue until they got their TSS under control (also significantly beyond the benchmark value), with the hope that once TSS was under control we would see a concurrent reduction in the aluminum, which could be relevant to the resolution of the aluminum issue. I haven't heard from USG since. The permit has expired, and is in our backlog. Ken Ken Pickle Stormwater Program Specialist NCDENR i DEMLR i Stormwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. pickle@)ncdenr.00v Website: http://Portal.ncdenr.org/web/Ir/stormwater ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** LG �A NCDENR North Carolina Department of Environment and Pat McCrory Governor June 24, 2013 Randy Kenyon United States Gypsum Co. 722 Altapass Hwy Spruce Pine, NC 28777 Division of Water Quality Thomas A. Reeder Acting Director SUBJECT: NPDES Stormwater Permit Compliance Inspection United States Gypsum Co. Permit No: NCS000202 Mitchell County m, t ter;; � Natural Resources John E. Skvarla, III Secretary Dear Mr. Kenyon: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on May 29, 2013. The facility was found not to be in compliance with permit NCS000202. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Please contact me at (828) 296-4664 or Tim.Fox ncdenr. oo , if I can be of any further assistance. Sincerely, T Tim Fox Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files S:\SWP\Mitchell\Stop water\2-Individual\US Gypsum\CELUS Gypsum.06-24-13.doc US Gypsum Location: 2090 U.S. Highway 70, Swannanoa, NoAh Carolina 28778 One Phone: 828-296-4500\ FAX: 828-299-7043 NOrt11CdTOtllla Internet: www.ncwaterqua14 org An Equal Opportunity 1 Affirmative Action Employer Naturally June 24, 2013 Page 2 of 7 � • Picture 4I View of Crude Mica Pile Picture 42 View of entrance/exit toward Alta Pass Hwy. US Gypsum June 24, 2013 Page 3 of 7 • Picture #3 View of mica pile operation. Picture #4 View toward pit containment 4 1 l p luawweluoa lid apisw main qp wnlald IN luauwmluoa lid plemol Z# M21A Sit w=Id E W Z `bZ aunt wnsd,(g Sfl US Gypsum June 24, 2013 Page 5 of 7 • Picture 47 View of Pit Containment # I Picture #8 View of area new back of property. US Gypsum June 24, 2013 Page 6 of 7 • • Picture N9 View of back of pit containment N I Picture N 10 View of pit containment N2 US Gypsum i 0 0 Permit: NCS000202 SOC: County: Mitchell Region: Asheville Contact Person: Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Compliance Inspection Report Effective: 06/01/09 Expiration: 05/31/14 Owner: United States Gypsum Co Effective: Expiration: Facility: United States Gypsum Co Altapass Rd Title: Inspection Date: 05/30/2013 EntryTime: 10:00 AM Primary Inspector: Timothy R Fox Secondary Inspector(s): Jonathan Stepp Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: Q Compliant ■ Not Compliant Question Areas: 0 Storm Water (See attachment summary) Spruce Pine NC 28777 Phone: Certification: Exit Time: 12:30 PM Phone: Phone: 828-296-4500 Phone: Inspection Type: Compliance Evaluation Page: 1 Permit: NCS000202 Owner - Facility: United States Gypsum Co Inspection Date: 05/30/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Tim Fox and Jonathan Stepp with the Asheville Regional Office, Division of Water Quality, inspected the site. Randy Kenyon, Operations Manager, Bill Blevins, Maintenance Supervisor, and Chris Robertson, Production Supervisor, all with US Gypsum were present for the inspection. Record keeping was in order and provided at the time of inspection. The US Gypsum site imports mica minerals from mining sites and grinds them to spec before shipping off site. The facility has a history of Aluminum and TSS exceedances. During the site inspection process ARO noted that improvements could be made related to TSS management at the facility. Improved Best Management Practices, Housekeeping, and Infrastructure upgrades could all help to improve TSS management on -site. There are two pit containment basins located on -site. These containment basins may be undersized. These containment devices need to be evaluated for appropriate functionality and operation (Pictures 6,7,9,10, 11). Vehicle Tracking is a concern and source for TSS at the facility. Additional BMPs or housekeeping such as sweeping and or frequency of sweeping could help improve TSS management. The main entrance area, the area bewteen the mica pile and containment basin #1, and the shared roadway near the back of property should be evaluated for improvements related to vehicle tracking (Pictures 2,4). Any exposed areas that can be planted with ground cover will also help to reduce TSS loading in runoff. The areas near the railroad tracks and behind containment basin #1 should be evaluated for ground cover control if appropriate for your operations (Picture 8). Engineering solutions should be evaluated by US Gypsum Co. to address TSS and aluminum benchmark exceedance. Correspondance between DWQ and US Gypsum has occurred regarding aluminum exceedances. US Gypsum has expressed some concern related to laboratory methodologies used to analyze samples for aluminum. At this time US Gypsum should continue to evaluate TSS and aluminum management, gather appropriate data, and implement measures that will mitigate TSS and aluminum levels in stormwater. Page: 2 C Permit: NCS000202 Owner - Facility: United States Gypsum Co Inspection Date: 05/30/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ■ Cl ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ■ 0 ❑ Cl # Does the facility provide all necessary secondary containment? ■ ❑ fl ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ Cl ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ Cl ❑ ❑ # Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Record Keeping was in order and provided at the time of inspection. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ Cl Cl ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ Cl ❑ 0 # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Comment Page:3 To: Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley Subject: RE: US Gypsum, Spruce Pine Two guys, I just pulled the DMR's from DWQ Central files for this permittee for the year 2012. (The other reports have been archived off -site on a two year schedule, and we have nothing yet for 2013.) 1 think a longer record may be available in Google Docs. Here are his reported results for NCS000202: Jan, Mar, May, June, July, Aug, Sept, Oct - eight reports of "No Flow" Really!!!??? I note that the permit only requires them to sample twice a year, so I don't know why they're reporting so many times. Unless they're in Tier 2, or under Tier 3 and your direction as to more frequent sampling. But, I don't see that in the files. April 2012: Outfall Date rainfall TSS Pb pH Al Mg 100 mg/L 0.03 mg/L 6-9 0.75 mg/L 32 mg/L 1 4/7/12 0.55" 1070 0.0135 6.7 5.77, 2.47 2 4/7/12 0.55" 360 0.0067 7.1 3.15 1.52 3 4/7/12 0.55" 2530 b.0382 6.8 18.11 5.76 4 4/7/12 0.55" 648 b.0710 7.0 53.5 8.52 So, I'll hear their comments, questions, and requests. And I'll forward to you the essence of our conversation. But I'm going to defer any action or response to them until you all have a chance to weigh in on what we should do with their request. Expect an email from me by lunch today. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email ken. pickle0a ncdenr.00v Website: http://portal.ncdenr.org/web/wcl/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Fox, Tim Sent: Thursday, April 04, 2013 8:09 AM To: Barnett, Kevin Cc: Pickle, Ken Subject: RE: US Gypsum, Spruce Pine Ken and Kevin, o They have turned in �_.., DMR for 2013 (although the DMR must _ ,n the database -entry loop, because it's not in Central Files at the moment.) Reported aluminum values for the four outfalls are lower. They attribute the reduction to relocating some piles of stuff. Aluminum values are (compare to 0.75 mg/L benchmark): 0.183 mg/L, 0.88 mg/L, 1.15 mg/L, and 9.59 mg/L. They say that TSS values are all below benchmark on the one sampling event in 2013. • 1 explained: o We in Central Office SPU will not act on revising the permit until ARO has provided input on the question. I advised that ARO would be contacting them to arrange a site visit. (OK for me to commit ARO to that visit? If not please advise me.) o The Individual Stormwater Permit allows us to make changes to the monitoring suite during the term of the permit, unlike the General Permits. Or we can wait until the permit expiration and renewal on 5/31/14 and 6/1/14 (approx. one year from now.) o They should send us their internal memo on aluminum. They should construct a written argument supporting any request. o Comment on TSS: It's good that TSS has improved, but I'd like to see more than just a single event showing improvement before we consider any action on the permit requirements on TSS. o I explained my preference for an engineering solution before we attempt an administrative solution to their benchmark exceedances. • Next steps: o They will send us their internal memo on aluminum, mica, and the EPA test procedure vs natural conditions. o They will construct a written argument requesting some action on the aluminum benchmark provisions in the permit. o I will contact ARO to ask for a site visit. o Presumably ARO will make that visit, and then we can pow -wow on what we think about making some change to the stormwater permit. o I want to guide them back to the conditions in the permit — they should be sampling more effectively than one sample during a 12 month monthly sampling period (2012); they should have already contacted ARO on the basis of more than four exceedances (I presume, I'll track down the DMR data to be sure); ARO should take the lead in responding to the Tier 3 obligations, and SPU should work with ARO on that and on whether to make any changes to the permit to adjust the aluminum benchmark. Let me know if you see a better path forward with these folks. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. oickleCo ncdenr.00v Website: htto://Portal.ncdenr.org/web/wa/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Pickle, Ken Sent: Thursday, April 04, 2013 9:42 AM Fox,'., Tim From: Pickle, Ken Sent: Wednesday, May 22, 2013 11:01 AM To: Fox, Tim Cc: Bennett, Bradley; Georgoulias, Bethany; Cranford, Chuck Subject: RE: USG Spruce Pine NC Stormwater permit No. NC5000202 Attachments: ncs000202_United States Gypsum -Final Permit Cover Letter.doc; ncs000202_US Gypsum -Final Permit.doc Hi Tim, OK, here's the permit text, and the cover letter. The permit is still in the Track Changes mode, so you will want to convert it to Final before printing it. I continue to try to work out what makes sense for these folks. Right now, I'm interested in this combination of factors: • They have blown the Al benchmark by great gobs of it. • They assert that the EPA method lab acid digestion procedure is artificially inflating the presence of toxic forms of aluminum (i.e. dissolved) in the stormwater runoff. And that the mined mica material, muscovite, is particularly resistant to breakdown in the environment. Implying that the aluminum remains bound and is not given up in the natural environment. • But yet, we know that while typical unpolluted rainfall has pH - 5.6 based on the presence of dissolved atmospheric CO2, North Carolina experiences acid rainfall with pH in the mid-4's. • We know that the toxic metals, including aluminum, show toxicity strongly influenced by decreasing pH. • For the one sample event in 2012, the discharge pH at four outfalls ranged from 6.7 - 7.1: this single event doesn't seem to indicate that pH would be exacerbating the potential aluminum toxicity: BUT, it's just a single event. I think it is an insufficient basis for any conclusion or action. Except for the conclusion that if these folks had been able to take the samples required by their permit, we would now have a data set that might support a conclusion on their question. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: '(919)807-6376 Fax: (919) 807-6494 Email: ken.oickle@ncdenr.00v Website:—p://I)ortal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Fox, Tim Sent: Wednesday, May 22, 2013 9:46 AM To: Pickle, Ken Subject: USG Spruce Pine NC Stormwater permit No. NCS000202 Ken, I'm heading to US Gypsum next week for my inspection. I was wondering if you know how I can obtain a copy of their latest permit. We just have old permits in our file and I want to be prepared for this inspection. Thanks, Tim Tim Fox -tim.fox@ncdenr.eov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel:828-296-4500 Fax:828-299-7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. Fox, Tim From: Cranford, Chuck Sent: Thursday, May 09, 2013 10:58 AM To: Pickle, Ken Cc: Fox, Tim Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hi Ken — I sent the technical report regarding the USG arguments pertaining to Al to Geologic Survey to get their feedback. They have lots of knowledge about the local mineralogy, etc. The local geologists indicated the argument is reasonable. They suggested they forward the report to a colleague with more geochemical knowledge for comment. I accepted the additional help. We'll see what he says. Tim upcoming visit will be very helpful and we can hopefully resolve this quickly for the permittee. We'll be in touch. Best, Chuck Chuck Cranford Supervisor, Surface Water Protection Section Division of Water Quality Asheville Regional Office 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel:828-296-4500 Fax:828-299-7043 chuck.cra nfo rd Co)ncdenr.eov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Pickle, Ken Sent: Wednesday, May 08, 2013 9:24 AM To: Bolden, John Cc: Bennett, Bradley; Georgoulias, Bethany; Kenyon, Randy P; Ruddell, Randy K; Fox, Tim; Cranford, Chuck Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Thanks, John • Yes, I think a conference call sometime early in June is appropriate. We wi i not wait until the normal renewal period to come to a conclusion on the AI issue. We do need time to have the inspection and to distribute the inspector's written trip report. (Our inspectors always send a copy of the inspection report to the facility, of course.) Thanks for volunteering to set up the call. I am assuming that monthly sampling has been triggered by both TSS and At benchmark exceedances. As you suggest, since monthly sampling is going to continue anyway until TSS is addressed with three consecutive results below the TSS benchmark, I think that we can hold further discussion of the At issue until the TSS has been addressed, i.e. until the facility can indeed accumulate three consecutive discharges within the TSS benchmark. Then we can take up the At question. We can pursue that expeditiously together, once the TSS has been addressed. o It is my hope that the improved performance on TSS may concurrently result in improved performance on Al. o If so, then it seems to me that could be significant in our consideration of the whole of the site circumstances, and potentially your argument is strengthened for some administrative response to the Al benchmark. o But, we will need to see what the data says. • It might be helpful if USG would interpret the TSS vs Al data for us in a short (<5 p?) letter report. Show that TSS and AL do or do not track each other, and then make the interpretation of the data set that you think supports your request for action on Al. • I think it has been reported that there was a relocation of sampling points, in order to properly characterize the pollutant load leaving just the USG site, and to exclude the contribution from Feldspar. We do not seek to make you responsible for your neighbor's pollutant discharges. So, perhaps this letter report should be confined to considering just those historical lab results that are our best shot at USG -only discharges. I conclude from your note that your concern is about the cost burden of monthly sampling. I note, however, that monthly sampling was in effect in 2012, but your cost burden during that year was a single sampling event. I'm not sympathetic to the cost argument in the face of the actual costs incurred in 2012. My perspective is that when the argument promises to get real, then we should and will respond to it in accordance with the best science and understanding that all parties bring to the table, including the legitimate concern for undue cost burdens for USG. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919)807-6376 Fax: (919)807-6494 Email: ken.oickle@ncdenr.gov Website: htto://portal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Bolden, John [mailto:JBolden(a@usg.com] Sent: Tuesday, May 07, 2013 5:05 PM To: Pickle, Ken Cc: Bennett, Bradley; Georgoulias, Bethany; Kenyon, Randy P; Ruddell, Randy K Subject: RE: USG Spruce Pine, INC Stormwater Permit No. NCS000202 Ken, We would appreciate your support on the aluminum benchmark before the permit expires. If we are able to keep TSS below the benchmark for three consecutive events, we can potentially reduce sampling back to once per quarter at the Spruce Pine Plant. There is no way to reduce aluminum below the benchmark, so we are stuck sampling monthly until an administrative solution is implemented. I understand that you would like to wait until the Ashville Regional office performs their inspection. I'd be happy to arrange another conference call after the inspection so that we can all get together again to review the issues at hand. In the meantime, if you have any questions about our letter or the technical memo from our geological services department, please feel free to give myself or Randy Kenyon a call. Thanks. John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph: 312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 From: Pickle, Ken [mailto:ken. pickle@ncdenr.gov] Sent: Friday, May 03, 2013 11:16 AM To: Bolden, John Cc: Bennett, Bradley; Georgoulias, Bethany Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hi John, Thanks for initiating a follow-up contact. • I routed your information, along with 2012 sampling results (just one event), through co-workers in the Stormwater Permitting Unit, through the DWQ lab folks, through DWQ Standards and Classifications folks, and through other INC DENR staff with geology/mineralogy backgrounds. They have commented back to me. • I'm digesting their technical comments. • I'm also waiting to have a conversation with Tim Fox, our inspector in the Asheville Regional Office, after his site visit scheduled May 30. I note that the facility's current permit expires May 31, 2014. Given that that is only 13 months away, I wonder if we might delay resolution until our regularly scheduled permit renewal process? We are currently down 4 permit writers, leaving what amounts to 4 FTE for permit writing. Essentially we are at half -strength as far as this sort of work is concerned. I am trying to prioritize my activities to accomplish what is absolutely necessary, and to postpone every activity that does not immediately have a negative impact on our customers. Is there some urgency at your end wrt resolving this question quickly? If so, we will press ahead as quickly as I can. If not, let's talk about a protracted time frame for resolution of this question. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. pickleCo)ncdenr.gov Website: http://portal,ncdenr.org/web/wg/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Bolden, John [maiIto:]Bolden(&usg.com] Sent:, Friday, May 03, 2013 11:35 AM To: Pickle, Ken Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Ken, Just checking in. Is there anything more that you need from USG at this time? Thanks. John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph: 312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 From: Pickle, Ken[mailto:ken.oickleCglncdenr.gov] Sent: Monday, April 15, 2013 8:24 AM To: Ruddell, Randy K; Bolden, John; Kenyon, Randy P Cc: Fox, Tim; Bennett, Bradley; Georgoulias, Bethany Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Thanks, Randy, I've already enlisted other folks in DWQ to help me evaluate your request on the aspects that are beyond my competence. I'll keep John and Randy Kenyon updated as we work our way through it. Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. pickle(Zbncdenr.gov Website: http://i)ortal.ncdenr.org/web/wo/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Ruddell, Randy K [mailto:RRuddellCalusg.com] Sent: Friday, April 12, 2013 4:58 PM To: Pickle, Ken Cc: Fox, Tim; Cranford, Chuck; Bolden, John; Sharpe, Roger; Kinser, Greg; Kenyon, Randy P; Nguyen, Tram Subject: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Mr. Ken Pickle, Attached please find our 2 page letter, recapping our discussion via teleconference on 4/4/2013, in addition to the 2 page letter we briefly discussed, written by Roger Sharpe, USG Director - Geotechnical and Mining Services. I sent to you today (certified mail) a hardcopy of both letters. Your primary contact with USG Environmental is: John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph:312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 Your primary contact at our Spruce Pine plant is: Randy Kenyon Operations Manager U S Gypsum 722 Altapass Hwy Spruce Pine, NC 28777 Ph: (828) 765-9481 Fax:(828)765-0628 rkenvon@usP.com Thank you for your time. Please feel free to contact us after reviewing this information. Regards, Randy Ruddell USG Plant Manager - Chamblee/Spruce Pine 770-454-1533 Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. 5 If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. 6 Fox, Tim From: Pickle, Ken Sent: Wednesday, May 08, 2013 9:24 AM To: Bolden, John Cc: Bennett, Bradley; Georgoulias, Bethany; Kenyon, Randy P; Ruddell, Randy K; Fox, Tim; Cranford, Chuck Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Thanks, John • Yes, I think a conference call sometime early in June is appropriate. We will not wait until the normal renewal period to come to a conclusion on the Al issue. We do need time to have the inspection and to distribute the inspector's written trip report. (Our inspectors always send a copy of the inspection report to the facility, of course.) Thanks for volunteering to set up the call. I am assuming that monthly sampling has been triggered by both TSS and Al benchmark exceedances. As you suggest, since monthly sampling is going to continue anyway until TSS is addressed with three consecutive results below the TSS benchmark, I think that we can hold further discussion of the Al issue until the TSS has been addressed, i.e. until the facility can indeed accumulate three consecutive discharges within the TSS benchmark. Then we can take up the Al question. We can pursue that expeditiously together, once the TSS has been addressed. o It is my hope that the improved performance on TSS may concurrently result in improved performance on Al. o If so, then it seems to me that could be significant in our consideration of the whole of the site circumstances, and potentially your argument is strengthened for some administrative response to the Al benchmark. o But, we will need to see what the data says. • It might be helpful if USG would interpret the TSS vs Al data for us in a short (<5 p?) letter report. Show that TSS and AL do or do not track each other, and then make the interpretation of the data set that you think supports your request for action on Al. • I think it has been reported that there was a relocation of sampling points, in order to properly characterize the pollutant load leaving just the USG site, and to exclude the contribution from Feldspar. We do not seek to make you responsible for your neighbor's pollutant discharges. So, perhaps this letter report should be confined to considering just those historical lab results that are our best shot at USG -only discharges. I conclude from your note that your concern is about the cost burden of monthly sampling. I note, however, that monthly sampling was in effect in 2012, but your cost burden during that year was a single sampling event. I'm not sympathetic to the cost argument in the face of the actual costs incurred in 2012. My perspective is that when the argument promises to get real, then we should and will respond to it in accordance with the best science and understanding that all parties bring to the table, including the legitimate concern for undue cost burdens for USG. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Perm. .g Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken.pickle@ncdenr.gov Website: http://portal.ncdenr.org/web/wa/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Bolden, John [mailto:JBolden@usg.com] Sent: Tuesday, May 07, 2013 5:05 PM To: Pickle, Ken Cc: Bennett, Bradley; Georgoulias, Bethany; Kenyon, Randy P; Ruddell, Randy K Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Ken, We would appreciate your support on the aluminum benchmark before the permit expires. If we are able to keep TSS below the benchmark for three consecutive events, we can potentially reduce sampling back to once per quarter at the Spruce Pine Plant. There is no way to reduce aluminum below the benchmark, so we are stuck sampling monthly until an administrative solution is implemented. I understand that you would like to wait until the Ashville Regional office performs their inspection. I'd be happy to arrange another conference call after the inspection so that we can all get together again to review the issues at hand. In the meantime, if you have any questions about our letter or the technical memo from our geological services department, please feel free to give myself or Randy Kenyon a call. Thanks. John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph:312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 From: Pickle, Ken[mailto:ken. pickle(d)ncdenr.cloov] Sent: Friday, May 03, 2013 11:16 AM To: Bolden, John Cc: Bennett, Bradley; Georgoulias, Bethany Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hi John, Thanks for initiating a follow-up contact. I routed your information, along with 2012 sampling results (just one event), through co-workers in the Stormwater Permitting Unit, through the DWQ lab folks, through DWQ Standards and Classifications folks, and through other NC DENR staff with geology/mineralogy backgrounds. They have commented back to me. • I'm digesting their technical c...ments. • I'm also waiting to have a conversation with Tim Fox, our inspector in the Asheville Regional Office, after his site visit scheduled May 30. I note that the facility's current permit expires May 31, 2014. Given that that is only 13 months away, I wonder if we might delay resolution until our regularly scheduled permit renewal process? We are currently down 4 permit writers, leaving what amounts to 4 FTE for permit writing. Essentially we are at half -strength as far as this sort of work is concerned. I am trying to prioritize my activities to accomplish what is absolutely necessary, and to postpone every activity that does not immediately have a negative impact on our customers. Is there some urgency at your end wrt resolving this question quickly? If so, we will press ahead as quickly as I can. If not, let's talk about a protracted time frame for resolution of this question. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. oickle(a)ncdenr.00v Website: htto://portal.ncdenr.org/web/wa/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Bolden, John [mailto:JBolden(oDusg.com] Sent: Friday, May 03, 2013 11:35 AM To: Pickle, Ken Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Ken, Just checking in. Is there anything more that you need from USG at this time? Thanks. John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph:312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 From: Pickle, Ken[maiIto: ken. pickleColncdenr.gov] Sent: Monday, April 15, 2013 8:24 AM To: Ruddell, Randy K; Bolden, John; Kenyon, Randy P Cc: Fox, Tim; Bennett, Bradley; Geoi, ilias, Bethany Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Thanks, Randy, I've already enlisted other folks in DWQ to help me evaluate your request on the aspects that are beyond my competence. I'll keep John and Randy Kenyon updated as we work our way through it. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. oickle(Z ncdenr.gov Website: htto://Qortal.ncdenr.orgZweb/wg/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Ruddell, Randy K [mailto:RRuddell(dusg.com] Sent: Friday, April 12, 2013 4:58 PM To: Pickle, Ken Cc: Fox, Tim; Cranford, Chuck; Bolden, John; Sharpe, Roger; Kinser, Greg; Kenyon, Randy P; Nguyen, Tram Subject: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Mr. Ken Pickle, Attached please find our 2 page letter, recapping our discussion via teleconference on 4/4/2013, in addition to the 2 page letter we briefly discussed, written by Roger Sharpe, USG Director - Geotechnical and Mining Services. I sent to you today (certified mail) a hardcopy of both letters. Your primary contact with USG Environmental is: John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph:312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 Your primary contact at our Spruce Pine plant is: Randy Kenyon Operations Manager U S Gypsum 722 Altapass Hwy r Spruce Pine, NC 28777 Ph: (828) 765-9481 Fax:(828)765-0628 rkenvon@usg.com Thank you for your time. Please feel free to contact us after reviewing this information. Regards, Randy Ruddell USG Plant Manager - Chamblee/Spruce Pine 770-454-1533 Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. 6 Fox, Tim From: Pickle, Ken Sent: Monday, May 06, 2013 9:21 AM To: Fox, Tim Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hi Tim, Yes, for Horsehead, just have them hand -write across the face of the DMR `No regulated Flow this period: industrial activity not yet begun' Or similar words to that effect. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax:, (919)807-6494 Email: ken.oickle(&ncdenr.gov Website: hh1tti)://Portal.ncdenr.org/web/wg/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Fox, Tim Sent: Friday, May 03, 2013 1:46 PM To: Pickle, Ken Cc: Stepp, Jonathan Subject: RE: USG Spruce Pine, Ken, NC Stormwater Permit No. NCS000202 Thanks, and yes I will look into the sumps during my inspection. I will let you know what I find and see. I appreciate all of your email correspondence and assistance with this facility. A couple of other questions came up today. Horsehead will not be starting operation until September. Since their first sampling period is between April and June 301h. Would it be correct for them to report No Flow with an explanation that the facility is not in operation yet? I also had a request from Bryan Dover with Silver Line Plastics in Asheville. He submitted a rescission request and felt he should have received something by now. The facility bought the adjoining property which was permitted and wanted to rescind the newly acquired property and cover the entire remaining site under the remaining permit. The permits were NCG050238 and NCG180183. Do you know who I could contact to check on this? Thanks and have a great weekend. Tim Tim Fox - tim.fox@ncdenr.eov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Pickle, Ken Sent: Friday, May 03, 2013 10:36 AM To: Fox, Tim Cc: Bennett, Bradley; Georgoulias, Bethany Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hi Tim, I'm just going over open items on my to-do list, and thought to contact you about US Gypsum. I see you're going there at the end of the month. We still have an open question about whether we will offer them any relief from the aluminum monitoring requirements in their permit. I'm curious about USG effective management commitment to controlling the discharges of pollutants, especially TSS, from their site. • 1 realize that in recent time they have only operated the site three days per week, which they used as an explanation as to why they failed to take the required samples. Oh well. • And I realize that they explained that recent bad monitoring results were caused by the location of a pile of material that they have since moved to a better location. • However, I'm also interested in their report that in order to control TSS better, they installed two sumps many years ago. When you are at their site, I'd be interested in your eye -ball evaluation of the two sumps and whether they are a sufficient response to TSS exceedances. Just based on my telephone conversations, and never having been to the site myself, it sounded to me like they were scraping the bottom of the barrel, trying to come up with something, anything, to say to show us that they are managing the site to control pollutants. I'm not yet persuaded, and would like your feedback on this point in particular, please. Thanks, Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. pickle(ftcdenr.gov Website: htto://Portal.ncdenr.ora/web/wQ/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Fox, Tim Sent: Friday, April 19, 2013 7:29 AM To: Pickle, Ken Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Ken, FYI, See Teds Response below: I have confirmed a site meeting and inspection on May 301h with Mr. Kenyon. Thanks and have a good weekend. Tim Tim Fox -tim.fox@ncdenr.Rov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel:828-296-4500 Fax:828-299-7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Campbell, Ted Sent: Wednesday, April 17, 2013 3:44 PM To: Fox, Tim Cc: Campbell, Ted Subject: RE: USG Spruce Pine, INC Stormwater Permit No. NCS000202 Tim, As stated in the memo, aluminum is not very soluble except in waters with very low pH. (In acidic waters aluminum tends to occur in its cationic form (AI+3), while in alkaline waters it tends to occur in its anionic form (AI(OH)-4).) The digestion step is a plausible explanat._., for the high concentrations being measu,-,A. It is also plausible that the analytical method (digestion) is reporting Al concentrations that would not be expected under natural conditions in the North Toe. Also, filtered samples may contain colloidal forms of Al so it's important to understand whether the sample in question is truly a dissolved sample or whether it contains fine or micro particulate that adds to the reportable level. I'd defer to Betty and others at the lab on the implications of this. Gloria Ferrell (USGS, Raleigh, 919-571-4057) might be another good source of information on this issue. In any case, the memo presents a concise and reasonable statement of aluminum occurrence but it is important to understand whether the source of aluminum at the permitted outfalls is, in fact, the muscovite mineral or another source. Ted Ted Campbell, Hydrogeologist-Ted.Campbell@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Division of Water Quality - Aquifer Protection Section Asheville Regional Office 2090 U.S. 70 Highway, Swannanoa, NC 28778 Tel: 828-296-4683; Fax: 828-299-7043 NCDWQ: http://Portal.ncdenr.org/web/wg Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and by law may be disclosed to third parties. From: Fox, Tim Sent: Wednesday, April 17, 2013 2:03 PM To: Campbell, Ted Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Tim Fox - tim.fox@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax:828-299-7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Ruddell, Randy K [mailto:RRuddellCalusg.com] Sent: Friday, April 12, 2013 4:58 PM To: Pickle, Ken Cc: Fox, Tim; Cranford, Chuck; Bolden, John; Sharpe, Roger; Kinser, Greg; Kenyon, Randy P; Nguyen, Tram Subject: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Mr. Ken Pickle, Attached please find our 2 page L recapping our discussion via teleco..._rence on 4/4/2013, in addition to the 2 page letter we briefly discussed, written by Roger Sharpe, USG Director - Geotechnical and Mining Services. I sent to you today (certified mail) a hardcopy of both letters. Your primary contact with USG Environmental is: John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph:312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 Your primary contact at our Spruce Pine plant is: Randy Kenyon Operations Manager U S Gypsum 722 Altapass Hwy Spruce Pine, NC 28777 Ph: (828) 765-9481 Fax:(828)765-0628 rkenyon@use.com Thank you for your time. Please feel free to contact us after reviewing this information. Regards, Randy Ruddell USG Plant Manager - Chamblee/Spruce Pine 770-454-1533 Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. 5 Fox, Tim From: Pickle, Ken Sent: Friday, May 03, 2013 10:36 AM To: Fox, Tim Cc: Bennett, Bradley; Georgoulias, Bethany Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hi Tim, I'm just going over open items on my to-do list, and thought to contact you about US Gypsum. I see you're going there at the end of the month. We still have an open question about whether we will offer them any relief from the aluminum monitoring requirements in their permit. I'm curious about USG effective management commitment to controlling the discharges of pollutants, especially TSS, from their site. • 1 realize that in recent time they have only operated the site three days per week, which they used as an explanation as to why they failed to take the required samples. Ch well. • And I realize that they explained that recent bad monitoring results were caused by the location of a pile of material that they have since moved to a better location. • However, I'm also interested in their report that in order to control TSS better, they installed two sumps many years ago. When you are at their site, I'd be interested in your eye -ball evaluation of the two sumps and whether they are a sufficient response to TSS exceedances. Just based on my telephone conversations, and never having been to the site myself, it sounded to me like they were scraping the bottom of the barrel, trying to come up with something, anything, to say to show us that they are managing the site to control pollutants. I'm not yet persuaded, and would like your feedback on this point in particular, please. Thanks, Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. Dickle(a)ncdenr.00v Website: http://portal.ncdenr.org/web/wa/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Fox, Tim Sent: Friday, April 19, 2013 7:29 AM To: Pickle, Ken Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Ken, FYI, See Teds Response below: I have confirmed a site meeting and inspection on May 30th with Mr. Kenyon. Thanks and have a good weekend. Tim Tim Fox-tim.fox@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Campbell, Ted Sent: Wednesday, April 17, 2013 3:44 PM To: Fox, Tim Cc: Campbell, Ted Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Tim, As stated in the memo, aluminum is not very soluble except in waters with very low pH. (In acidic waters aluminum tends to occur in its cationic form (AI+3), while in alkaline waters it tends to occur in its anionic form (AI(OH)-4).) The digestion step is a plausible explanation for the high concentrations being measured. It is also plausible that the analytical method (digestion) is reporting Al concentrations that would not be expected under natural conditions in the North Toe. Also, filtered samples may contain colloidal forms of Al so it's important to understand whether the sample in question is truly a dissolved sample or whether it contains fine or micro particulate that adds to the reportable level. I'd defer to Betty and others at the lab on the implications of this. Gloria Ferrell (USGS, Raleigh, 919-571-4057) might be another good source of information on this issue. In any case, the memo presents a concise and reasonable statement of aluminum occurrence but it is important to understand whether the source of aluminum at the permitted outfalls is, in fact, the muscovite mineral or another source. Ted Ted Campbell, Hydrogeologist-Ted.Campbell@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Division of Water Quality - Aquifer Protection Section Asheville Regional Office 2090 U.S. 70 Highway, Swannanoa, NC 28778 Tel: 828-296-4683; Fax: 828-299-7043 NCDWQ: http://portal.ncdenr.org/web/wq Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and by law may be disclosed to third parties. From: Fox, Tim Sent: Wednesday, April 17, 2013 2:03 PM To: Campbell, Ted Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Tim Fox - tim.fox@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel:828-296-4500 Fax:828-299-7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Ruddell, Randy K [mailto:RRuddell(cbusg.com] Sent: Friday, April 12, 2013 4:58 PM To: Pickle, Ken Cc: Fox, Tim; Cranford, Chuck; Bolden, John; Sharpe, Roger; Kinser, Greg; Kenyon, Randy P; Nguyen, Tram Subject: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Mr. Ken Pickle, Attached please find our 2 page letter, recapping our discussion via teleconference on 4/4/2013, in addition to the 2 page letter we briefly discussed, written by Roger Sharpe, USG Director - Geotechnical and Mining Services. I sent to you today (certified mail) a hardcopy of both letters. Your primary contact with USG Environmental is: John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph:312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 Your primary contact at our Spruce .ne plant is: Randy Kenyon Operations Manager U S Gypsum 722 Altapass Hwy Spruce Pine, NC 28777 Ph: (828) 765-9481 Fax:(828)765-0628 rkenyon@usa.com Thank you for your time. Please feel free to contact us after reviewing this information. Regards, Randy Ruddell USG Plant Manager - Chamblee/Spruce Pine 770-454-1533 Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by_reply email and destroy or delete all copies of the original message and any attachments. Thank you. 4 Fox, Tim From: Byrd, Roy Sent: Friday, April 26, 2013 2:23 PM To: Schimizzi, Nikki; Pickle, Ken; Georgoulias, Bethany Cc: Fox, Tim Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Yes, these samples were analyzed for total recoverable metals by EPA Method 200.7. Roy From: Schimizzi, Nikki Sent: Friday, April 26, 2013 2:02 PM To: Byrd, Roy; Pickle, Ken; Georgoulias, Bethany Cc: Fox, Tim Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Thanks Roy — that is actually very interesting. Those results are as total recoverable metal right (rather than dissolved)? Just as an FYI the EPA's national recommended criteria for aluminum are 87 ug/L chronic and 750 ug/L acute (at a instream pH between 6.5-9 and measured as total recoverable metal). The below instream data indicates that there is the potential for aluminum to be present in toxic levels instream based on the standards. It looks like all of the values are above the chronic standard and a few are above the acute as well. Does anyone know where these stations are located in relation to the site in question? Please note new e-mail address: nikki.schimizzi(cDncdenr.gov Nikki Schimizzi Environmental Senior Specialist NC Department of Environment and Natural Resources Division of Water Quality -Classification and Standards Unit 1617 Mail Service Center Raleigh NC 27699 (919)807-6413 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: Byrd, Roy Sent: Friday, April 26, 2013 12:53 PM To: Pickle, Ken; Schimizzi, Nikki; Georgoulias, Bethany Cc: Fox, Tim Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hello all, I don't know if the historical ambient data below is relevant to the site or not, but I thought you might like to see it. However, the Al concentration from your outfall data is so high that it should raise a red flag. I just haven't seen numbers that high in water samples we analyze and I don't think the analytical method will make any difference based on TSS levels. Ambient Date Station Al mg/L Units Location Description 2/22/2006 E8100000 0.30 mg/L N TOE RIV AT SR 1162 AT PENLAND 2/22/2006 E7000000 0.12 mg/L N TOE RIV AT US 19E NR INGALLS 6/1/2006 E8100000 8.10 mg/L N TOE RIV AT SR 1162 AT PENLAND 6/1/2006 E7000000 0.76 mg/L N TOE RIV AT US 19E NR INGALLS 8/30/2006 E8100000 0.56 mg/L N TOE RIV AT SR 1162 AT PENLAND 8/30/2006 E7000000 0.18 mg/L N TOE RIV AT US 19E NR INGALLS 11/30/2006 E8100000 0.41 mg/L N TOE RIV AT SR 1162 AT PENLAND 11/30/2006 E7000000 0.14 mg/L N TOE RIV AT US 19E NR INGALLS 2/15/2007 E8100000 0.20 mg/L N TOE RIV AT SR 1162 AT PENLAND 2/15/2007 E7000000 0.13 mg/L N TOE RIV AT US 19E NR INGALLS Have a Great Weekend, Roy From: Pickle, Ken Sent: Friday, April 26, 2013 11:10 AM To: Schimizzi, Nikki; Georgoulias, Bethany; Byrd, Roy Cc: Fox, Tim Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hi all, More info: The discharge is into the North Toe River, a Class C, Tr water. The plant is on the north bank of the North Toe, just inside the southeast corner of the squared -off corporate limits of Spruce Pine, as shown on Google maps. o Are trouts especially susceptible to aluminum? o Does the facility's history of high TSS have any special significance wrt the Tr classification? o How about the impaired for turbidity rating? Relevant at this location? If you look at the Google Maps photo, two neighboring industrial facilities are located on the north bank of the North Toe River. On the east and south is Feldspar Corporation, not a part of this discussion. Separated from Feldspar by the curvy drive dropping down from Altapass Highway, USGypsum is to the west of the curvy drive, and is bounded by Berry Chapel Baptist Church and Parsonage on the north, and the rail road on the south. The site actually is removed about 200' north of the North Toe River, but its stormwater runoff goes across Feldspar property directly into the River. Per our previous instructions, the facility has been sampling before the runoff enters the Feldspar property to the south. So, it can be attributed solely to the USG activities. • 2012 stormwater discharge sampling results from one event at four site outfalls: April 2012: Outfall Date rainfall TSS Pb pH AI I Mg 100 mg/L 0.03 mg/L 6-9 0.75 mg/L 32 mg/L 1 4/7/12 0.55" 1070 0.0135 6.7 5.71, 2.47 2 4/7/12 0.55" 1 360 0.0067 7.1 1.15 1.52 3 4/7/12 0.55" 2530 0.0382 6.8 18.11 5.76 4 4/7/12 0.55" 648 b.071O 7.0 53.5 8.52 Does any of this reinforce or otherwise adjust the perspectives expressed already? Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, INC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. pickleCa)ncdenr.gov Website: http://portal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Schimizzi, Nikki Sent: Friday, April 26, 2013 10:02 AM To: Georgoulias, Bethany; Pickle, Ken; Byrd, Roy Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hi all, I agree with Bethany. I think that if they want to explore this dissolved vs total recoverable aluminum scenario further instream monitoring at their discharge point is a must. I would actually suggest instream monitoring regardless to determine whether the instream standard for aluminum is being exceeded before deciding whether to remove the benchmark. I don't know the exact location for this facility but the North Toe River does have some impairments for turbidity and some tributary creeks to the North Toe have aquatic life impairments. Also I would be curious about the stream pH — a lot of mountain watersheds are actually having problems with low instream pH. I'll check with the basin planners to see if I can find out if the French Broad River basin is one of these areas. If it is that would definitely impact instream aluminum toxicity. One thought to consider from a regulatory perspective — North Carolina doesn't have a 2B standard for Aluminum and therefore would default to the national criteria. The national criteria for aluminum is one of the few metals that is still expressed as total recoverable not dissolved. So an instream standard would be total recoverable metal for regulatory purposes not dissolved. Just a few thoughts! Nikki Please note new e-mail address: nikki.schimizz4cDncdenr.gov Nikki Schimizzi Environmental Senior Specialist NC Department of Environment and Natural Resources Division of Water Quality -Classification and Standards Unit 1617 Mail Service Center Raleigh NC 27699 (919)807-6413 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: Georgoulias, Bethany Sent: Thursday, April 25, 2013 9:32 PM To: Pickle, Ken; Schimizzi, Nikki; Byrd, Roy Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Ken, I think Roy makes an excellent recommendation as a next step if they want to explore this hypothesis further. pH monitoring should already be part of their sampling regime for this very reason -- that it's such a critical variable in determining the bioavailability and aquatic toxicity. It would be worth testing the pH of both the discharge and instream concentrations (although I'd expect that to be rather neutral in that area) if they develop a monitoring study for this. Maybe we could offer a period of suspending the Al benchmark trigger while they do this? We can talk more tomorrow if you're available. If we explore this thoroughly, we probably ought to factor in the flows of the receiving water and consider whether any dilution allowance might be appropriate in this case. Bg Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax:(919) 807-6494 NEW Website: htto://i)ortal.ncdenr.org/web/wg/ws/su 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: Pickle, Ken Sent: Thursday, April 25, 2013 2:37 PM To: Schimizzi, Nikki; Byrd, Roy Cc: Georgoulias, Bethany Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Thanks, Roy, Thanks, Nikki It's going to take me a while to digest this, thanks. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. pickle@ncdenr.gov Website: httr)://I)ortal.ncdenr.ora/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Byrd, Roy Sent: Wednesday, April 24, 2013 6:27 PM To: Schimizzi, Nikki Cc: Pickle, Ken; Brower, Connie; Wiggins, Kent; Stafford, Ellen Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Nikki, The analytical method EPA 200.7 is probably one of the most used method for determining Al in water samples. We use the method to determine "total recoverable" and dissolved metals. "Total recoverable" metals require a nitric/hydrochloric acid digestion, while dissolved metals are filtered in the field at time of collection and preserved with nitric acid to a pH <2.0. USG may be correct on the availability Al from solids in water at a normal pH, but other factors in the environment may lower pH and make more Al available, so we may have a variable that we can't control. Would it be helpful to require testing for total metals and dissolve metals for each sampling event? Maybe as a special study to determine if acid digestion is giving a much higher concentration on Al. I realize that doing a dissolved metals may be difficult due to high solids in the samples, but it would tell us how much the solids contribute. Below is data from such a study in 2012 by Lori Skidmore, samples were analyzed as total and dissolved. This is typical of what I see in rivers and streams for Al and Fe. Units are t 1. AB85592 2000 Ng/L Al Total Event AB85593 470 /L Al Dissolved AB85594 2000 Ng/L Al Total Event 2 AB85595 420 /L Al Dissolved AB85596 2200 Ng/L Al Total Event 3 AB85597 750 /L Al Dissolved AB85598 1900 pg/L Al Total Event 4 AB85599 460 /L Al Dissolved Best Regards, Roy Byrd From: Schimizzi, Nikki Sent: Tuesday, April 16, 2013 9:29 AM To: Byrd, Roy Cc: Pickle, Ken; Brower, Connie Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Good morning Roy! Here is the document that I had asked for your help reviewing relating to analytical testing for aluminum in a stormwater permit. Ken's email below gives you a brief summary of the situation and the document for your review is attached. Please copy Ken as well if you have any thoughts on the document/situation. Thanks so much for your help, Nikki Please note new e-mail address: nikki.schimizziCo)ncdenr.gov Nikki Schimizzi Environmental Senior Specialist NC Department of Environment and Natural Resources Division of Water Quality -Classification and Standards Unit 1617 Mail Service Center Raleigh NC 27699 (919)807-6413 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: Pickle, Ken Sent: Monday, April 15, 2013 9:17 AM To: Schimizzi, Nikki; Risgaard, Jon; Kane, Evan Cc: Georgoulias, Bethany; Bennett, Bradley; Fox, Tim Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Good morning all, Nikki - thanks for agreeing to help us evaluate the permittee's argument contained in the 4 pages attached. Jon, Evan — Can you direct me to someone in APS especially good to evaluate the geology/mineralogy assertions contained in the attached 2-page memo? Should we ask our brothers and sisters in DEMLR to review? The circumstances: Our stormwater permittee, US Gypsum, seeks relief from monitoring for aluminum in the stormwater discharges at the Spruce Pine, NC site. The site imports mica minerals from remote mining sites and grinds them to spec before shipping off site. They have a long history of poor performance on the numerical benchmarks for aluminum and TSS contained in our permit. Their argument: They assert that the EPA lab procedure involving a nitric acid and hydrochloric acid digestion step is a poor way to assess the bioavailability of aluminum in the natural environment of the North Toe River. So poor as to be non-representative/invalid for the particular circumstances at this site and the particular mineral form of mica involved. Presumably stockpiles of raw ore, in -process materials, waste materials, finished materials, and incidentally/accidentally distributed mineral fines and rock powder are washed off in the stormwater, all to one degree or another. But at least to a degree to cause routine stormwater benchmark exceedances on TSS and aluminum. Their question is just about the aluminum, they are not petitioning us to change the permit relative to the TSS benchmark. Let me know what you think makes sense wrt your technical discipline. I'm looking at this question very simply, I think: Is the EPA test method inappropriate in that it misconstrues the natural processes in this case? Is the geology/mineralogy sound? Does it all add up to make sense for us to provide some revision to the permit on aluminum testing? Thanks for any help or direction, Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. pickle@ncdenr.gov Website: http://portal.ncdenr.org/web/wcl/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Ruddell, Randy K [mailto:RRuddellC@usg.com] Sent: Friday, April 12, 2013 4:58 PM To: Pickle, Ken Cc: Fox, Tim; Cranford, Chuck; Bolden, John; Sharpe, Roger; Kinser, Greg; Kenyon, Randy P; Nguyen, Tram Subject: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Mr. Ken Pickle, Attached please find our 2 page letter, recapping our discussion via teleconference on 4/4/2013, in addition to the 2 page letter we briefly discussed, written by Roger Sharpe, USG Director - Geotechnical and Mining Services. I sent to you today (certified mail) a hardcopy of both letters. Your primary contact with USG Environmental is: John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph:312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 Your primary contact at our Spruce Pine plant is Randy Kenyon Operations Manager U S Gypsum 722 Altapass Hwy Spruce Pine, NC 28777 Ph: (828) 765-9481 Fax:(828)765-0628 rkenvon(ause.com Thank you for your time. Please feel free to contact us after reviewing this information Regards, Randy Ruddell USG Plant Manager - Chamblee/Spruce Pine 770-454-1533 Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. 91 Fox, Tim From: Pickle, Ken Sent: Friday, April 26, 2013 11:10 AM To: Schimizzi, Nikki; Georgoulias, Bethany; Byrd, Roy Cc: Fox, Tim Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hi all, More info: The discharge is into the North Toe River, a Class C, Tr water. The plant is on the north bank of the North Toe, just inside the southeast corner of the squared -off corporate limits of Spruce Pine, as shown on Google maps. o Are trouts especially susceptible to aluminum? o Does the facility's history of high TSS have any special significance wrt the Tr classification? o How about the impaired for turbidity rating? Relevant at this location? If you look at the Google Maps photo, two neighboring industrial facilities are located on the north bank of the North Toe River. On the east and south is Feldspar Corporation, not a part of this discussion. Separated from Feldspar by the curvy drive dropping down from Altapass Highway, USGypsum is to the west of the curvy drive, and is bounded by Berry Chapel Baptist Church and Parsonage on the north, and the rail road on the south. The site actually is removed about 200' north of the North Toe River, but its stormwater runoff goes across Feldspar property directly into the River. • Per our previous instructions, the facility has been sampling before the runoff enters the Feldspar property to the south. So, it can be attributed solely to the USG activities. • 2012 stormwater discharge sampling results from one event at four site outfalls: April 2012: Outfall Date rainfall TSS Pb PH Al Mg 100 mg/L 0.03 mg/L 6-9 0.75 mg/L 32 mg/L 1 4/7/12 0.55" 3070 0.0135 6.7 5.77I 2.47 2 4/7/12 0.55" 360 0.0067 7.1 3.15 1.52 3 4/7/12 0.55" 2530 0.0382, 6.8 38.11 5.76 4 4/7/12 0.55" 648 0.071d 7.0 53.5 8.52 Does any of this reinforce or otherwise adjust the perspectives expressed already? Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919)807-6376 Fax: (919) 807-6494 Email: ken. pickle(obncdenr.gov Website: http://portal.ncdenr.org/web/wg/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Schimizzi, Nikki Sent: Friday, April 26, 2013 10:02 AM To: Georgoulias, Bethany; Pickle, Ken; Byrd, Roy Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hi all, I agree with Bethany. I think that if they want to explore this dissolved vs total recoverable aluminum scenario further instream monitoring at their discharge point is a must. I would actually suggest instream monitoring regardless to determine whether the instream standard for aluminum is being exceeded before deciding whether to remove the benchmark. I don't know the exact location for this facility but the North Toe River does have some impairments for turbidity and some tributary creeks to the North Toe have aquatic life impairments. Also I would be curious about the stream pH — a lot of mountain watersheds are actually having problems with low instream pH. I'll check with the basin planners to see if I can find out if the French Broad River basin is one of these areas. If it is that would definitely impact instream aluminum toxicity. One thought to consider from a regulatory perspective — North Carolina doesn't have a 2B standard for Aluminum and therefore would default to the national criteria. The national criteria for aluminum is one of the few metals that is still expressed as total recoverable not dissolved. So an instream standard would be total recoverable metal for regulatory purposes not dissolved. Just a few thoughts! Nikki Please note new e-mail address: nikki.schimizzi(cDncdenr clov Nikki Schimizzi Environmental Senior Specialist NC Department of Environment and Natural Resources Division of Water Quality -Classification and Standards Unit 1617 Mail Service Center Raleigh NC 27699 (919)807-6413 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: Georgoulias, Bethany Sent: Thursday, April 25, 2013 9:32 PM To: Pickle, Ken; Schimizzi, Nikki; Byrd, Roy Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Ken, I think Roy makes an excellent recommendation as a next step if they want to explore this hypothesis further. pH monitoring should already be part of _ -ir sampling regime for this very reason -- _it it's such a critical variable in determining the bioavailability and aquatic toxicity. It would be worth testing the pH of both the discharge and instream concentrations (although I'd expect that to be rather neutral in that area) if they develop a monitoring study for this. Maybe we could offer a period of suspending the Al benchmark trigger while they do this? We can talk more tomorrow if you're available. If we explore this thoroughly, we probably ought to factor in the Flows of the receiving water and consider whether any dilution allowance might be appropriate in this case. Bg Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: htto://i)ortal.ncdenr.org/web/wq/ws/su 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: Pickle, Ken Sent: Thursday, April 25, 2013 2:37 PM To: Schimizzi, Nikki; Byrd, Roy Cc: Georgoulias, Bethany Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Thanks, Roy, Thanks, Nikki It's going to take me a while to digest this, thanks. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. pickleCa ncdenr.gov Website: http://I)ortal.ncdenr.org/web/wg/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Byrd, Roy Sent: Wednesday, April 24, 2013 6:27 PM To: Schimizzi, Nikki Cc: Pickle, Ken; Brower, Connie; Wiggins, Kent; Stafford, Ellen Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Nikki, The analytical method EPA 200.7 is N,.,aably one of the most used method for do mining Al in water samples. We use the method to determine "total recoverable" and dissolved metals. "Total recoverable" metals require a nitric/hydrochloric acid digestion, while dissolved metals are filtered in the field at time of collection and preserved with nitric acid to a pH <2.0. USG may be correct on the availability Al from solids in water at a normal pH, but other factors in the environment may lower pH and make more Al available, so we may have a variable that we can't control. Would it be helpful to require testing for total metals and dissolve metals for each sampling event? Maybe as a special study to determine if acid digestion is giving a much higher concentration on Al. I realize that doing a dissolved metals may be difficult due to high solids in the samples, but it would tell us how much the solids contribute. Below is data from such a study in 2012 by Lori Skidmore, samples were analyzed as total and dissolved. This is typical of what I see in rivers and streams for Al and Fe. Units are 4gL AB85592 2000 pg/L AI Total Event 1 AB85593 470 /L Al Dissolved AB85594 2000 Ng/L Al Total Event 2 AB85595 420 /L Al Dissolved AB85596 2200 pg/L Al Total Event 3 AB85597 750 /L Al Dissolved AB85598 1900 Ng/L Al Total Event 4 AB85599 460 N /L Al Dissolved Best Regards, Roy Byrd From: Schimizzi, Nikki Sent: Tuesday, April 16, 2013 9:29 AM To: Byrd, Roy Cc: Pickle, Ken; Brower, Connie Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Good morning Roy! Here is the document that I had asked for your help reviewing relating to analytical testing for aluminum in a stormwater permit. Ken's email below gives you a brief summary of the situation and the document for your review is attached. Please copy Ken as well if you have any thoughts on the document/situation. Thanks so much for your help, Nikki Please note new e-mail address: nikki.schimizzi(cilncdenr.gov Nikki Schimizzi Environmental Senior Specialist NC Department of Environment and Natural Resources Division of Water Quality -Classification and Standards Unit 1617 Mail Service Center Raleigh NC 27699 (919)807-6413 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: Pickle, Ken Sent: Monday, April 15, 2013 9:17 AM To: Schimizzi, Nikki; Risgaard, ]on; Kane, Evan Cc: Georgoulias, Bethany; Bennett, Bradley; Fox, Tim Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Good morning all, Nikki - thanks for agreeing to help us evaluate the permittee's argument contained in the 4 pages attached. Jon, Evan — Can you direct me to someone in APS especially good to evaluate the geology/mineralogy assertions contained in the attached 2-page memo? Should we ask our brothers and sisters in DEMLR to review? The circumstances: Our stormwater permittee, US Gypsum, seeks relief from monitoring for aluminum in the stormwater discharges at the Spruce Pine, NC site. The site imports mica minerals from remote mining sites and grinds them to spec before shipping off site. They have a long history of poor performance on the numerical benchmarks for aluminum and TSS contained in our permit. Their argument: They assert that the EPA lab procedure involving a nitric acid and hydrochloric acid digestion step is a poor way to assess the bioavailability of aluminum in the natural environment of the North Toe River. So poor as to be non-representative/invalid for the particular circumstances at this site and the particular mineral form of mica .involved. Presumably stockpiles of raw ore, in -process materials, waste materials, finished materials, and incidentally/accidentally distributed mineral fines and rock powder are washed off in the stormwater, all to one degree or another. But at least to a degree to cause routine stormwater benchmark exceedances on TSS and aluminum. Their question is just about the aluminum, they are not petitioning us to change the permit relative to the TSS benchmark. Let me know what you think makes sense wrt your technical discipline. I'm looking at this question very simply, I think: Is the EPA test method inappropriate in that it misconstrues the natural processes in this case? Is the geology/mineralogy sound? Does it all add up to make sense for us to provide some revision to the permit on aluminum testing? Thanks for any help or direction, Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. oickleCcbncdenr.gov Website: http://I)ortal.ncdenr.org/web/wa/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Ruddell, Randy K [mailto:RRuddeWbusg.com] Sent: Friday, April 12, 2013 4:58 PM To: Pickle, Ken Cc: Fox, Tim; Cranford, Chuck; Bolden, John; Sharpe, Roger; Kinser, Greg; Kenyon, Randy P; Nguyen, Tram Subject: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Mr. Ken Pickle, Attached please find our 2 page letter, recapping our discussion via teleconference on 4/4/2013, in addition to the 2 page letter we briefly discussed, written by Roger Sharpe, USG Director - Geotechnical and Mining Services. I sent to you today (certified mail) a hardcopy of both letters. Your primary contact with USG Environmental is: John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph: 312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 Your primary contact at our Spruce Pine plant is: Randy Kenyon Operations Manager U S Gypsum 722 Altapass Hwy Spruce Pine, NC 28777 Ph: (828) 765-9481 Fax:(828)765-0628 rkenyonc@usR.com Thank you for your time. Please feel free to contact us after reviewing this information. Regards, Randy Ruddell USG Plant Manager - Chamblee/Spruce Pine 770-454-1533 Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. 0 T Fox, Tim From: Pickle, Ken Sent: Friday, April 19, 2013 8:24 AM To: Fox, Tim Cc: Schimizzi, Nikki; Campbell, Ted Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Thanks, Tim Thanks, Ted Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken.oickle@ncdenr.gov Website: http://portal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Fox, Tim Sent: Friday, April 19, 2013 7:29 AM To: Pickle, Ken Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Ken, FYI, See Teds Response below: I have confirmed a site meeting and inspection on May 301h with Mr. Kenyon. Thanks and have a good weekend. Tim Tim Fox - tim.fox@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel:828-296-4500 Fax:828-299-7043 1 Notice: Email correspondence to ant, ..om this address may be subject to the Nt, . olic Records Law and may be disclosed to third parties. From: Campbell, Ted Sent: Wednesday, April 17, 2013 3:44 PM To: Fox, Tim Cc: Campbell, Ted Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Tim, As stated in the memo, aluminum is not very soluble except in waters with very low pH. (In acidic waters aluminum tends to occur in its cationic form (AI+3), while in alkaline waters it tends to occur in its anionic form (AI(OH)-4).) The digestion step is a plausible explanation for the high concentrations being measured. It is also plausible that the analytical method (digestion) is reporting Al concentrations that would not be expected under natural conditions in the North Toe. Also, filtered samples may contain colloidal forms of Al so it's important to understand whether the sample in question is truly a dissolved sample or whether it contains fine or micro particulate that adds to the reportable level. I'd defer to Betty and others at the lab on the implications of this. Gloria Ferrell (USGS, Raleigh, 919-571-4057) might be another good source of information on this issue. In any case, the memo presents a concise and reasonable statement of aluminum occurrence but it is important to understand whether the source of aluminum at the permitted outfalls is, in fact, the muscovite mineral or another source. Ted Ted Campbell, Hydrogeologist-Ted.CampbeII(cDncdenr.gov North Carolina Dept. of Environment and Natural Resources Division of Water Quality - Aquifer Protection Section Asheville Regional Office 2090 U.S. 70 Highway, Swannanoa, NC 28778 Tel: 828-296-4683; Fax: 828-299-7043 NCDWQ: http://portal.ncdenr.org/web/wq Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and by law may be disclosed to third parties. From: Fox, Tim Sent: Wednesday, April 17, 2013 2:03 PM To: Campbell, Ted Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Tim Fox - tim.fox@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax:828-299-7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Ruddell, Randy K [maiIto: RRuddelKabusg.com] Sent: Friday, April 12, 2013 4:58 PM To: Pickle, Ken Cc: Fox, Tim; Cranford, Chuck; Bolden, John; Sharpe, Roger; Kinser, Greg; Kenyon, Randy P; Nguyen, Tram Subject: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Mr. Ken Pickle, Attached please find our 2 page letter, recapping our discussion via teleconference on 4/4/2013, in addition to the 2 page letter we briefly discussed, written by Roger Sharpe, USG Director - Geotechnical and Mining Services. I sent to you today (certified mail) a hardcopy of both letters. Your primary contact with USG Environmental is: John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph:312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 Your primary contact at our Spruce Pine plant is: Randy Kenyon Operations Manager U S Gypsum 722 Altapass Hwy Spruce Pine, NC 28777 Ph: (828) 765-9481 Fax:(828)765-0628 rkenyon@usa.com Thank you for your time. Please feel free to contact us after reviewing this information. Regards, Randy Ruddell USG Plant Manager - Chamblee/Spruce Pine 770-454-1533 .Confidentiality Notice: This email is intended for the sole use of the intended 3 recipients) and may contai,� confidential, proprietary or pi_.ileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. 4 N Fox, Tim From: Campbell, Ted Sent: Wednesday, April 17, 2013 3:44 PM To: Fox, Tim Cc: Campbell, Ted Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Tim, As stated in the memo, aluminum is not very soluble except in waters with very low pH. (In acidic waters aluminum tends to occur in its cationic form (AI+3), while in alkaline waters it tends to occur in its anionic form (AI(OH)-4).) The digestion step is a plausible explanation for the high concentrations being measured. It is also plausible that the analytical method (digestion) is reporting Al concentrations that would not be expected under natural conditions in the North Toe. Also, filtered samples may contain colloidal forms of Al so it's important to understand whether the sample in question is truly a dissolved sample or whether it contains fine or micro particulate that adds to the reportable level. I'd defer to Betty and others at the lab on the implications of this. Gloria Ferrell (USGS, Raleigh, 919-571-4057) might be another good source of information on this issue. In any case, the memo presents a concise and reasonable statement of aluminum occurrence but it is important to understand whether the source of aluminum at the permitted outfalls is, in fact, the muscovite mineral or another source. Ted Ted Campbell, Hydrogeologist-Ted.CampbellPncdenr.gov North Carolina Dept. of Environment and Natural Resources Division of Water Quality - Aquifer Protection Section Asheville Regional Office 2090 U.S. 70 Highway, Swannanoa, NC 28778 Tel: 828-296-4683; Fax: 828-299-7043 NCDWQ: http://portal.ncdenr.org/web/wq Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and by law may be disclosed to third parties. From: Fox, Tim Sent: Wednesday, April 17, 2013 2:03 PM To: Campbell, Ted Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Tim Fox - tim.fox@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: Email correspondence to and iiom this address may be subject to the NC ruolic Records Law and may be disclosed to third parties. From: Ruddell, Randy K [maiIto: RRuddellO)usg.com] Sent: Friday, April 12, 2013 4:58 PM To: Pickle, Ken Cc: Fox, Tim; Cranford, Chuck; Bolden, John; Sharpe, Roger; Kinser, Greg; Kenyon, Randy P; Nguyen, Tram Subject: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Mr. Ken Pickle, Attached please find our 2 page letter, recapping our discussion via teleconference on 4/4/2013, in addition to the 2 page letter we briefly discussed, written by Roger Sharpe, USG Director - Geotechnical and Mining Services. I sent to you today (certified mail) a hardcopy of both letters Your primary contact with USG Environmental is: John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph:312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 Your primary contact at our Spruce Pine plant is Randy Kenyon Operations Manager U S Gypsum 722 Altapass Hwy Spruce Pine, NC 28777 Ph: (828) 765-9481 Fax:(828)765-0628 rkenyon@use.com Thank you for your time. Please feel free to contact us after reviewing this information. Regards, Randy Ruddell USG Plant Manager - Chamblee/Spruce Pine 770-454-1533 Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, 4 dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. 9 Nikki Schimizzi Environmental Senior Specialist NC Department of Environment and Natural Resources Division of Water Quality -Classification and Standards Unit 1617 Mail Service Center Raleigh NC 27699 (919)807-6413 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: Pickle, Ken Sent: Monday, April 15, 2013 9:17 AM To: Schimizzi, Nikki; Risgaard, Jon; Kane, Evan Cc: Georgoulias, Bethany; Bennett, Bradley; Fox, Tim Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Good morning all, Nikki - thanks for agreeing to help us evaluate the permittee's argument contained in the 4 pages attached. Jon, Evan — Can you direct me to someone in APS especially good to evaluate the geology/mineralogy assertions contained in the attached 2-page memo? Should we ask our brothers and sisters in DEMLR to review? The circumstances: Our stormwater permittee, US Gypsum, seeks relief from monitoring for aluminum in the stormwater discharges at the Spruce Pine, NC site. The site imports mica minerals from remote mining sites and grinds them to spec before shipping off site. They have a long history of poor performance on the numerical benchmarks for aluminum and TSS contained in our permit. Their argument: They assert that the EPA lab procedure involving a nitric acid and hydrochloric acid digestion step is a poor way to assess the bioavailability of aluminum in the natural environment of the North Toe River. So poor as to be non-representative/invalid for the particular circumstances at this site and the particular mineral form of mica involved. Presumably stockpiles of raw ore, in -process materials, waste materials, finished materials, and incidentally/accidentally distributed mineral fines and rock powder are washed off in the stormwater, all to one degree or another. But at least to a degree to cause routine stormwater benchmark exceedances on TSS and aluminum. Their question is just about the aluminum, they are not petitioning us to change the permit relative to the TSS benchmark. Let me know what you think makes sense wrt your technical discipline. I'm looking at this question very simply, I think: Is the EPA test method inappropriate in that it misconstrues the natural processes in this case? Is the geology/mineralogy sound? Does it all add up to make sense for us to provide some revision to the permit on aluminum testing? Thanks for any help or direction, Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 From: Byrd, Roy Sent: Wednesday, April 24, 2013 6:27 PM To: Schimizzi, Nikki Cc: Pickle, Ken; Brower, Connie; Wiggins, Kent; Stafford, Ellen Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Nikki, The analytical method EPA 200.7 is probably one of the most used method for determining Al in water samples. We use the method to determine "total recoverable' and dissolved metals. "Total recoverable" metals require a nitric/hydrochloric acid digestion, while dissolved metals are filtered in the field at time of collection and preserved with nitric acid to a pH <2.0. USG may be correct on the availability Al from solids in water at a normal pH, but other factors in the environment may lower pH and make more Al available, so we may have a variable that we can't control. Would it be helpful to require testing for total metals and dissolve metals for each sampling event? Maybe as a special study to determine if acid digestion is giving a much higher concentration on Al. I realize that doing a dissolved metals may be difficult due to high solids in the samples, but it would tell us how much the solids contribute. Below is data from such a study in 2012 by Lori Skidmore, samples were analyzed as total and dissolved. This is typical of what I see in rivers and streams for Al and Fe. Units are 99L AB85592 2000 Ng/L Al Total Event 1 AB85593 470 /L Al Dissolved AB85594 2000 Ng/L Al Total Event 2 AB85595 420 /L Al Dissolved AB85596 2200 Ng/L Al Total Event 3 AB85597 750 /L Al Dissolved AB85598 1900 Ng/L Al Total Event 4 AB85599 460 N /L Al Dissolved Best Regards, Roy Byrd From: Schimizzi, Nikki Sent: Tuesday, April 16, 2013 9:29 AM To: Byrd, Roy Cc: Pickle, Ken; Brower, Connie Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Good morning Roy! Here is the document that I had asked for your help reviewing relating to analytical testing for aluminum in a stormwater permit. Ken's email below gives you a brief summary of the situation and the document for your review is attached. Please copy Ken as well if you have any thoughts on the document/situation. Thanks so much for your help, Nikki Please note new e-mail address: nikki.schimizzi(&ncdenr.gov Fox, Tim From: Schimizzi, Nikki Sent: Friday, April 26, 2013 2:02 PM To: Byrd, Roy; Pickle, Ken; Georgoulias, Bethany Cc: Fox, Tim Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Thanks Roy — that is actually very interesting. Those results are as total recoverable metal right (rather than dissolved)? Just as an FYI the EPA's national recommended criteria for aluminum are 87 ug/L chronic and 750 ug/L acute (at a instream pH between 6.5-9 and measured as total recoverable metal). The below instream data indicates that there is the potential for aluminum to be present in toxic levels instream based on the standards. It looks like all of the values are above the chronic standard and a few are above the acute as well. Does anyone know where these stations are located in relation to the site in question? Please note new e-mail address: nikki.schimizzi@ncdenr.gov Nikki Schimizzi Environmental Senior Specialist NC Department of Environment and Natural Resources Division of Water Quality -Classification and Standards Unit 1617 Mail Service Center Raleigh NC 27699 (919)807-6413 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: Byrd, Roy Sent: Friday, April 26, 2013 12:53 PM To: Pickle, Ken; Schimizzi, Nikki; Georgoulias, Bethany Cc: Fox, Tim Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hello all, I don't know if the historical ambient data below is relevant to the site or not, but I thought you might like to see it. However, the Al concentration from your outfall data is so high that it should raise a red flag. I just haven't seen numbers that high in water samples we analyze and I don't think the analytical method will make any difference based on TSS levels. Ambient Date Station Al mg/L Units Location Description 2/22/2006 E8100000 0.30 mg/L N TOE RIV AT SR 1162 AT PENLAND 2/22/2006 E7000000 0.12 mg/L N TOE RIV AT US 19E NR INGALLS 6/1/2006 6/1/2006 E8100000 E7000000 8.10 0.76 mg/L mg/L N TOE RIV AT SR 1162 AT PENLAND N TOE RIV AT US 19E NR INGALLS 8/30/2006 E8100000 0.56 mg/L N TOE RIV AT SR 1162 AT PENLAND 8/30/2006 E7000000 0.18 mg/L N TOE RIV AT US t NR INGALLS 11/30/2006 E8100000 0.41 mg/L N TOE RIV AT SR 1162 AT PENLAND 11/30/2006 E7000000 0.14 mg/L N TOE RIV AT US 19E NR INGALLS 2/15/2007 E8100000 0.20 mg/L N TOE RIV AT SR 1162 AT PENLAND 2/15/2007 E7000000 0.13 mp/L N TOE RIV AT US 19E NR INGALLS Have a Great Weekend, Roy From: Pickle, Ken Sent: Friday, April 26, 2013 11:10 AM To: Schimizzi, Nikki; Georgoulias, Bethany; Byrd, Roy Cc: Fox, Tim Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hi all, More info: The discharge is into the North Toe River, a Class C, Tr water. The plant is on the north bank of the North Toe, just inside the southeast corner of the squared -off corporate limits of Spruce Pine, as shown on Google maps. o Are trouts especially susceptible to aluminum? o Does the facility's history of high TSS have any special significance wrt the Tr classification? o How about the impaired for turbidity rating? Relevant at this location? If you look at the Google Maps photo, two neighboring industrial facilities are located on the north bank of the North Toe River. On the east and south is Feldspar Corporation, not a part of this discussion. Separated from Feldspar by the curvy drive dropping down from Altapass Highway, USGypsum is to the west of the curvy drive, and is bounded by Berry Chapel Baptist Church and Parsonage on the north, and the rail road on the south. The site actually is removed about 200' north of the North Toe River, but its stormwater runoff goes across Feldspar property directly into the River. • Per our previous instructions, the facility has been sampling before the runoff enters the Feldspar property to the south. So, it can be attributed solely to the USG activities. • 2012 stormwater discharge sampling results from one event at four site outfalls: April 2012: Outfall Date rainfall TSS Pb pH Al Mg 100 mg/L 0.03 mg/L 6-9 0.75 mg/L 32 mg/L 1 4/7/12 0.55" 107d 0.0135 6.7 5.77 2.47 2 4/7/12 0.55" 360 0.0067 7.1 3.15 1.52 3 4/7/12 0.55" 2530 0.0382 6.8 1$.11 5.76 4 4/7/12 0.55" 648 0.071d 7.0 53.5 8.52 Does any of this reinforce or otherwise adjust the perspectives expressed already? Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, INC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919)807-6376 Fax: (919) 807-6494 Email: ken. pickle@ncdenr.gov Website: http://portal.ncdenr.org/web/wg/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Schimizzi, Nikki Sent: Friday, April 26, 2013 10:02 AM To: Georgoulias, Bethany; Pickle, Ken; Byrd, Roy Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hi all, I agree with Bethany. I think that if they want to explore this dissolved vs total recoverable aluminum scenario further instream monitoring at their discharge point is a must. I would actually suggest instream monitoring regardless to determine whether the instream standard for aluminum is being exceeded before deciding whether to remove the benchmark. I don't know the exact location for this facility but the North Toe River does have some impairments for turbidity and some tributary creeks to the North Toe have aquatic life impairments. Also I would be curious about the stream pH — a lot of mountain watersheds are actually having problems with low instream pH. I'll check with the basin planners to see if I can find out if the French Broad River basin is one of these areas. If it is that would definitely impact instream aluminum toxicity. One thought to consider from a regulatory perspective — North Carolina doesn't have a 2B standard for Aluminum and therefore would default to the national criteria. The national criteria for aluminum is one of the few metals that is still expressed as total recoverable not dissolved. So an instream standard would be total recoverable metal for regulatory purposes not dissolved. Just a few thoughts! Nikki Please note new e-mail address: nikki.schimizzi(oncdenr.gov Nikki Schimizzi Environmental Senior Specialist NC Department of Environment and Natural Resources Division of Water Quality -Classification and Standards Unit 1617 Mail Service Center Raleigh INC 27699 (919)807-6413 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: Georgoulias, Bethany Sent: Thursday, April 25, 2013 9:32 PM To: Pickle, Ken; Schimizzi, Nikki; Byrd, Roy Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Ken, I think Roy makes an excellent recommendation as a next step if they want to explore this hypothesis further. pH monitoring should already be part of their sampling regime for this very reason -- that it's such a critical variable in determining the bioavailability and aquatic toxicity. It would be worth testing the pH of both the discharge and instream concentrations (although I'd expect that to be rather neutral in that area) if they develop a monitoring study for this. Maybe we could offer a period of suspending the Al benchmark trigger while they do this? We can talk more tomorrow if you're available. If we explore this thoroughly, we probably ought to factor in the flows of the receiving water and consider whether any dilution allowance might be appropriate in this case. Bg Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: http:/Zportal.ncdenr.org/web/wq/ws/su 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: Pickle, Ken Sent: Thursday, April 25, 2013 2:37 PM To: Schimizzi, Nikki; Byrd, Roy Cc: Georgoulias, Bethany Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Thanks, Roy, Thanks, Nikki It's going to take me a while to digest this, thanks. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken.pickle@ncdenr.gov Website: htto://Portal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** Email: ken. pickle@ncdenr.00v Website: http://portal.ncdenr.org/web/wo/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Ruddell, Randy K [mailto:RRuddell(a)usg.com] Sent: Friday, April 12, 2013 4:58 PM To: Pickle, Ken Cc: Fox, Tim; Cranford, Chuck; Bolden, John; Sharpe, Roger; Kinser, Greg; Kenyon, Randy P; Nguyen, Tram Subject: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Mr. Ken Pickle, Attached please find our 2 page letter, recapping our discussion via teleconference on 4/4/2013, in addition to the 2 page letter we briefly discussed, written by Roger Sharpe, USG Director - Geotechnical and Mining Services. I sent to you today (certified mail) a hardcopy of both letters. Your primary contact with USG Environmental is: John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph:312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 Your primary contact at our Spruce Pine plant is: Randy Kenyon Operations Manager U S Gypsum 722 Altapass Hwy Spruce Pine, NC 28777 Ph: (828) 765-9481 Fax:(828)765-0628 rkenyon@usg.com Thank you for your time. Please feel free to contact us after reviewing this information. Regards, Randy Ruddell USG Plant Manager - Chamblee/Spruce Pine 770-454-1533 Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the 7 sender by reply email and destroy or delete all copies of tk.- original message and any attachments. Thank you. Fox, Tim From: Byrd, Roy Sent: Friday, April 26, 2013 12:53 PM To: Pickle, Ken; Schimizzi, Nikki; Georgoulias, Bethany Cc: Fox, Tim Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hello all, I don't know if the historical ambient data below is relevant to the site or not, but I thought you might like to see it. However, the Al concentration from your outfall data is so high that it should raise a red flag. I just haven't seen numbers that high in water samples we analyze and I don't think the analytical method will make any difference based on TSS levels. Ambient Date Station Al mg/L Units Location Description 2/22/2006 E8100000 0.30 mg/L N TOE RIV AT SR 1162 AT PENLAND 2/22/2006 E7000000 0.12 mg/L N TOE RIV AT US 19E NR INGALLS 6/1/2006 E8100000 8.10 mg/L N TOE RIV AT SR 1162 AT PENLAND 6/1/2006 E7000000 0.76 mg/L N TOE RIV AT US 19E NR INGALLS 8/30/2006 E8100000 0.56 mg/L N TOE RIV AT SR 1162 AT PENLAND 8/30/2006 E7000000 0.18 mg/L N TOE RIV AT US 19E NR INGALLS 11/30/2006 E8100000 0.41 mg/L N TOE RIV AT SR 1162 AT PENLAND 11/3012006 E7000000 0.14 mg/L N TOE RIV AT US 19E NR INGALLS 2/15/2007 E8100000 0.20 mg/L N TOE RIV AT SR 1162 AT PENLAND 2/15/2007 E7000000 0.13 mq/L N TOE RIV AT US 19E NR INGALLS Have a Great Weekend, Roy From: Pickle, Ken Sent: Friday, April 26, 2013 11:10 AM To: Schimizzi, Nikki; Georgoulias, Bethany; Byrd, Roy Cc: Fox, Tim Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hi all, More info: • The discharge is into the North Toe River, a Class C, Tr water. The plant is on the north bank of the North Toe, just inside the southeast corner of the squared -off corporate limits of Spruce Pine, as shown on Google maps. o Are trouts especially susceptible to aluminum? o Does the facility's history of high TSS have any special significance wrt the Tr classification? o How about the impaired for turbidity rating? Relevant at this location? If you look at the Google M,,., photo, two neighboring industrial facilitl _ ere located on the north bank of the North Toe River. On the east and south is Feldspar Corporation, not a part of this discussion. Separated from Feldspar by the curvy drive dropping down from Altapass Highway, USGypsum is to the west of the curvy drive, and is bounded by Berry Chapel Baptist Church and Parsonage on the north, and the rail road on the south. The site actually is removed about 200' north of the North Toe River, but its stormwater runoff goes across Feldspar property directly into the River. • Per our previous instructions, the facility has been sampling before the runoff enters the Feldspar property to the south. So, it can be attributed solely to the USG activities. • 2012 stormwater discharge sampling results from one event at four site outfalls: April 2012: Outfall Date rainfall T55 Pb pH Al Mg 100 mg/L 0.03 mg/L 6-9 0.75 mg/L 32 mg/L 1 4/7/12 0.55" 107d 0.0135 6.7 5,771 2.47 2 4/7/12 0.55" 366 0.0067 7.1 3.15 1.52 3 4/7/12 0.55" 253Q b.0382 6.8 38.11 5.76 4 4/7/12 0.55" 648 b.071d 7.0 53.5 8.52 Does any of this reinforce or otherwise adjust the perspectives expressed already? Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919)807-6494 Email: ken.pickle@ncdenr.gov Website: http://i)ortal.ncdenr.org/web/wci/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Schimizzi, Nikki Sent: Friday, April 26, 2013 10:02 AM To: Georgoulias, Bethany; Pickle, Ken; Byrd, Roy Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Hi all, I agree with Bethany. I think that if they want to explore this dissolved vs total recoverable aluminum scenario further instream monitoring at their discharge point is a must. I would actually suggest instream monitoring regardless to determine whether the instream standard for aluminum is being exceeded before deciding whether to remove the benchmark. I don't know the exact location for this facility but the North Toe River does have some impairments for turbidity and some tributary creeks to _e North Toe have aquatic life impairments. Iso I would be curious about the stream pH — a lot of mountain watersheds are actually having problems with low instream pH. I'll check.with the basin planners to see if I can find out if the French Broad River basin is one of these areas. If it is that would definitely impact instream aluminum toxicity. One thought to consider from a regulatory perspective — North Carolina doesn't have a 2B standard for Aluminum and therefore would default to the national criteria. The national criteria for aluminum is one of the few metals that is still expressed as total recoverable not dissolved. So an instream standard would be total recoverable metal for regulatory purposes not dissolved. Just a few thoughts! Nikki Please note new e-mail address: nikki.schimizziancdenr.gov Nikki Schimizzi Environmental Senior Specialist NC Department of Environment and Natural Resources Division of Water Quality -Classification and Standards Unit 1617 Mail Service Center Raleigh NC 27699 (919)807-6413 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: Georgoulias, Bethany Sent: Thursday, April 25, 2013 9:32 PM To: Pickle, Ken; Schimizzi, Nikki; Byrd, Roy Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Ken, I think Roy makes an excellent recommendation as a next step if they want to explore this hypothesis further. pH monitoring should already be part of their sampling regime for this very reason -- that it's such a critical variable in determining the bioavailability and aquatic toxicity. It would be worth testing the pH of both the discharge and instream concentrations (although I'd expect that to be rather neutral in that area) if they develop a monitoring study for this. Maybe we could offer a period of suspending the Al benchmark trigger while they do this? We can talk more tomorrow if you're available. If we explore this thoroughly, we probably ought to factor in the Flows of the receiving water and consider whether any dilution allowance might be appropriate in this case. Bg Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: http://portal.ncdenr.org/web/wci/ws/su 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: Pickle, Ken Sent: Thursday, April 25, 2013 2:37 PM To: Schimizzi, Nikki; Byrd, Roy Cc: Georgoulias, Bethany Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Thanks, Roy, Thanks, Nikki It's going to take me a while to digest this, thanks. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919)807-6376 Fax: (919) 807-6494 Email: ken. oickle(a)ncdenr.gov Website: http://Portal.ncdenr.org/web/wa/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Byrd, Roy Sent: Wednesday, April 24, 2013 6:27 PM To: Schimizzi, Nikki Cc: Pickle, Ken; Brower, Connie; Wiggins, Kent; Stafford, Ellen Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Nikki, The analytical method EPA 200.7 is probably one of the most used method for determining Al in water samples. We use the method to determine "total recoverable" and dissolved metals. "Total recoverable" metals require a nitric/hydrochloric acid digestion, while dissolved metals are filtered in the field at time of collection and preserved with nitric acid to a pH <2.0. USG may be correct on the availability Al from solids in water at a normal pH, but other factors in the environment may lower pH and make more Al available, so we may have a variable that we can't control. Would it be helpful to require testing for total metals and dissolve metals for each sampling event? Maybe as a special study to determine if acid digestion is giving a much higher concentration on Al. I realize that doing a dissolved metals may be difficult due to high solids in the samples, but it would tell us how much the solids contribute. Below is data from such a study in 2012 by Lori Skidmore, samples were analyzed as total and dissolved. This is typical of what I see in rivers and streams for Al and Fe. Units are ggL AB85592 2000 Ng/L Al Total Event 1 AB85593 470 /L Al Dissolved AB85594 2000 Ng/L Al Total Event 2 AB85595 420 /L Al Dissolved AB85596 2200 Ng/L Al Total Event 3 AB85597 750 /L Al Dissolved Event 4 AB85598 1900 Ng/L Al Total AB85599 460 u4/L Al Dissolved Best Regards, Roy Byrd From: Schimizzi, Nikki Sent: Tuesday, April 16, 2013 9:29 AM To: Byrd, Roy Cc: Pickle, Ken; Brower, Connie Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Good morning Roy! Here is the document that I had asked for your help reviewing relating to analytical testing for aluminum in a stormwater permit. Ken's email below gives you a brief summary of the situation and the document for your review is attached. Please copy Ken as well if you have any thoughts on the document/situation. Thanks so much for your help, Nikki Please note new e-mail address: nikki.schimizzi(cDncdenr.gov Nikki Schimizzi Environmental Senior Specialist NC Department of Environment and Natural Resources Division of Water Quality -Classification and Standards Unit 1617 Mail Service Center Raleigh NC 27699 (919)807-6413 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: Pickle, Ken Sent: Monday, April 15, 2013 9:17 AM To: Schimizzi, Nikki; Risgaard, ]on; Kane, Evan Cc: Georgoulias, Bethany; Bennett, Bradley; Fox, Tim Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Good morning all, Nikki - thanks for agreeing to help us evaluate the permittee's argument contained in the 4 pages attached. Jon, Evan — Can you direct me to someone in APS especially good to evaluate the geology/mineralogy assertions contained in the attached 2-page memo? Should we ask our brothers and sisters in DEMLR to review? The circumstances: Our stormwater permittee, US Gypsum, seeks relief from monitoring for aluminum in the stormwater discharges at the Spruce Pine, NC site. The site imports mica minerals from remote mining sites and grinds them to spec before shipping off site. They have a long history of poor performance on the numerical benchmarks for aluminum and TSS contained in our permit. Their argument: They assert that the EPA lab procedure involving a nitric acid and hydrochloric acid digestion step is a poor way to assess the bioavailability of aluminum in the natural environment of the North Toe River. So poor as to be non-representative/invalid for the particular circumstances at this site and the particular mineral form of mica involved. Presumably stockpiles of raw ore, in -process materials, waste materials, finished materials, and incidentally/accidentally distributed mineral fines and rock powder are washed off in the stormwater, all to one degree or another. But at least to a degree to cause routine stormwater benchmark exceedances on TSS and aluminum. Their question is just about the aluminum, they are not petitioning us to change the permit relative to the TSS benchmark. Let me know what you think makes sense wrt your technical discipline. I'm looking at this question very simply, I think: Is the EPA test method inappropriate in that it misconstrues the natural processes in this case? Is the geology/mineralogy sound? Does it all add up to make sense for us to provide some revision to the permit on aluminum testing? Thanks for any help or direction, 12M Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. oickleCa ricdenr.aov Website: htto://portal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Ruddell, Randy K [mailto:RRuddell(alusg.com] Sent: Friday, April 12, 2013 4:58 PM To: Pickle, Ken Cc: Fox, Tim; Cranford, Chuck; Bolden, John; Sharpe, Roger; Kinser, Greg; Kenyon, Randy P; Nguyen, Tram Subject: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Mr. Ken Pickle, Attached please find our 2 page letter, recapping our discussion via teleconference on 4/4/2013, in addition to the 2 page letter we briefly discussed, written by Roger Sharpe, USG Director - Geotechnical and Mining Services. I sent to you today (certified mail) a hardcopy of both letters. Your primary contact with USG Environmental is: John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph:312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 Your primary contact at our Spruce Pine plant is: Randy Kenyon Operations Manager U S Gypsum 722 Altapass Hwy Spruce Pine, NC 28777 Ph: (828)765-9481 Fax:(828)765-0628 rkenyon@usg.com Thank you for your time. Please feel free to contact us after reviewing this information. Regards, Randy Ruddell USG Plant Manager - Chamblee/Spruce Pine 770-454-1533 Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. 7 Fox, Tim From: Kenyon, Randy P <RKenyon@usg.com> Sent: Wednesday, April 17, 2013 4:01 PM To: Fox, Tim Cc: Ruddell, Randy K; Bolden, John; Nguyen, Tram Subject: RE: US Gypsum Hello Tim, May 301h would be a good day. I will put you on the calendar for a 10 AM inspection. I will see you then. From: Fox, Tim [mailto:tim.fox(&ncdenr.gov] Sent: Wednesday, April 17, 2013 2:57 PM To: Kenyon, Randy P Subject: US Gypsum Mr. Kenyon, Hope you are well, Would you be able to be available for a routine site inspection on May 30" around 10 a.m.? If not could you send me some other dates that would work? Thanks, Tim Tim Fox - tim.foxC@ncdenr.eov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel:828-296-4500 Fax:828-299-7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, ,dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message Fox, Tim From: Pickle, Ken Sent: Monday, April 15, 2013 9:17 AM To: Schimizzi, Nikki; Risgaard, Jon; Kane, Evan Cc: Georgoulias, Bethany; Bennett, Bradley; Fox, Tim Subject: FW: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Attachments: 20130412140719856.pdf Good morning all, Nikki - thanks for agreeing to help us evaluate the permittee's argument contained in the 4 pages attached. Jon, Evan — Can you direct me to someone in APS especially good to evaluate the geology/mineralogy assertions contained in the attached 2-page memo? Should we ask our brothers and sisters in DEMLR to review? The circumstances: Our stormwater permittee, US Gypsum, seeks relief from monitoring for aluminum in the stormwater discharges at the Spruce Pine, NC site. The site imports mica minerals from remote mining sites and grinds them to spec before shipping off site. They have a long history of poor performance on the numerical benchmarks for aluminum and TSS contained in our permit. Their argument: They assert that the EPA lab procedure involving a nitric acid and hydrochloric acid digestion step is a poor way to assess the bioavailability of aluminum in the natural environment of the North Toe River. So poor as to be non-representative/invalid for the particular circumstances at this site and the particular mineral form of mica involved. Presumably stockpiles of raw ore, in -process materials, waste materials, finished materials, and incidentally/accidentally distributed mineral fines and rock powder are washed off in the stormwater, all to one degree or another. But at least to a degree to cause routine stormwater benchmark exceedances on TSS and aluminum. Their question is just about the aluminum, they are not petitioning us to change the permit relative to the TSS benchmark. Let me know what you think makes sense wrt your technical discipline. I'm looking at this question very simply, I think: Is the EPA test method inappropriate in that it misconstrues the natural processes in this case? Is the geology/mineralogy sound? Does it all add up to make sense for us to provide some revision to the permit on aluminum testing? Thanks for any help or direction, Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. oickle(a)ncdenr.gov Website: htto://portal.ncdenr.org/web/wg/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Ruddell, Randy K [mailto:RRuddell(@uso.com] Sent:Friday, April 12, 2013 4:58 PM To: Pickle, Ken Cc: Fox, Tim; Cranford, Chuck; Bolden, John; Sharpe, Roger; Kinser, Greg; Kenyon, Randy P; Nguyen, Tram Subject: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Mr. Ken Pickle, Attached please find our 2 page letter, recapping our discussion via teleconference on 4/4/2013, in addition to the 2 page letter we briefly discussed, written by Roger Sharpe, USG Director - Geotechnical and Mining Services. I sent to you today (certified mail) a hardcopy of both letters. Your primary contact with USG Environmental is: John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph:312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 Your primary contact at our Spruce Pine plant is: Randy Kenyon Operations Manager U S Gypsum 722 Altapass Hwy Spruce Pine, NC 28777 Ph: (828) 765-9481 Fax:(828)765-0628 rkenyon@usa.com Thank you for your time. Please feel free to contact us after reviewing this information. Regards, Randy Ruddell USG Plant Manager - Chamblee/Spruce Pine 770-454-1533 Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. 2 Fox, Tim From: Pickle, Ken Sent: Monday, April 15, 2013 9:24 AM To: Ruddell, Randy K; JBolden@USG.com; rkenyon@usg.com Cc: Fox, Tim; Bennett, Bradley; Georgoulias, Bethany Subject: RE: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Thanks, Randy, I've already enlisted other folks in DWQ to help me evaluate your request on the aspects that are beyond my competence. I'll keep John and Randy Kenyon updated as we work our way through it. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. pickleCo ncdenr.gov Website: htto://portal.ncdenr.org/web/wg/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Ruddell, Randy K [mailto:RRuddell(a)usg.com] Sent: Friday, April 12, 2013 4:58 PM To: Pickle, Ken Cc: Fox, Tim; Cranford, Chuck; Bolden, John; Sharpe, Roger; Kinser, Greg; Kenyon, Randy P; Nguyen, Tram Subject: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Mr. Ken Pickle, Attached please find our 2 page letter, recapping our discussion via teleconference on 4/4/2013, in addition to the 2 page letter we briefly discussed, written by Roger Sharpe, USG Director - Geotechnical and Mining Services. I sent to you today (certified mail) a hardcopy of both letters. Your primary contact with USG Environmental is: John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph:312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 Your primary contact at our Spruce Pine plant is Randy Kenyon Operations Manager U S Gypsum 722 Altapass Hwy Spruce Pine, NC 28777 Ph: (828) 765-9481 , Fax:(828)765-0628 rkenvon(@us¢.com Thank you for your time. Please feel free to contact us after reviewing this information Regards, Randy Ruddell USG Plant Manager - Chamblee/Spruce Pine 770-,454-1533 Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, if any, is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. 2 Fox, Tim From: Ruddell, Randy K <RRuddell@usg.com> Sent: Friday, April 12, 2013 4:58 PM To: Pickle, Ken Cc: Fox, Tim; Cranford, Chuck; Bolden, John; Sharpe, Roger; Kinser, Greg; Kenyon, Randy P; Nguyen, Tram Subject: USG Spruce Pine, NC Stormwater Permit No. NCS000202 Attachments: 20130412140719856.pdf Mr. Ken Pickle, Attached please find our 2 page letter, recapping our discussion via teleconference on 4/4/2013, in addition to the 2 page letter we briefly discussed, written by Roger Sharpe, USG Director - Geotechnical and Mining Services. I sent to you today (certified mail) a hardcopy of both letters. Your primary contact with USG Environmental is: John Bolden Environmental Services Senior Manager United States Gypsum Company 550 W Adams St Chicago IL, 60661 Ph: 312-436-5587 Fax:312-672-5587 Cell: 312-823-6702 Your primary contact at our Spruce Pine plant is: Randy Kenyon Operations Manager U S Gypsum 722 Altapass Hwy Spruce Pine, NC 28777 Ph: (828) 765-9481 Fax:(828)765-0628 rkenyonc@usa.com Thank you for your time. Please feel free to contact us after reviewing this information. Regards, Randy Ruddell USG Plant Manager - Chamblee/Spruce Pine 770-454-1533 Confidentiality Notice: This email is intended for the sole use of the intended recipient(s) and may contain confidential, proprietary or privileged information. If you are not the intended recipient, you are notified that any use, review, dissemination, copying or action taken based on this message or its attachments, 1 if any, is prohibited. If yuu are not the intended recipient, please contact the sender by reply email and destroy or delete all copies of the original message and any attachments. Thank you. 2 April 11, 2013 Mr. Ken Pickle, Stormwater Staff Engineer North Carolina Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: USG Stormwater Permit No. NCS000202 — TSS and Aluminum Benchmarks Dear Mr. Pickle: Please accept this letter as a recap of our discussion via teleconference on Thursday, April 4`h. United States Gypsum Company (USG) operates a mica processing facility in Spruce Pine, NC under individual stormwater permit NCS000202. The Plant has four stormwater outfalls which discharge to property owned by the Feldspar Corporation before eventually discharging to the North Toe River. Semiannual analytical sampling has been completed for TSS, Aluminum, Magnesium, Lead and pH. Results are regularly submitted on Discharge Monitoring Reports to the North Carolina Department of Environment and Natural Resources (NCDENR). Over the permit term, the benchmarks for TS S and Aluminum have been exceeded more than four times at multiple outfalls. Concrete sumps were installed in 1999 to trap suspended solids before reaching the Plant's stormwater outfalls. The project has reduced solids in stormwater effluent considerably since initial installation. Per the Tiered Program in the stormwater permit, monthly analytical sampling was implemented starting in 2010. The initial 2013 storm water sample was below the 100 mg/L TSS benchmark at all outfalls. The USG Spruce Pine Plant believes that this positive result is due to the elimination of a satellite mica storage pile towards the end of 2012. The Plant's Stormwater Pollution Prevention Plan will be updated to reflect this new BMP and mica will not be stored in this location going forward. We will continue to collect monthly samples to ensure that TSS stays below the permit benchmark. If additional benchmark excursions are noted, USG will investigate additional engineering controls or increased housekeeping. The Spruce Pine Plant cannot meet the 0.75 mg/L aluminum benchmark. EPA Method 200.7 performed by Pace Analytical Services, Inc., digests the entire sample in a mixture of hydrochloric and nitric acids and then determines the amount of aluminum present. However, this method does not relate the actual contribution of mica present in storm water to the dissolved aluminum content of the North Toe River. Mechanical and/or chemical weathering processes do not easily liberate aluminum from muscovite mica, the Plant's main raw material. When Mr. Ken Pickle NCDENR. Division of Water Quality Pape 12 aluminum is liberated it forms either aluminum oxide or aluminum hydroxide, which are both insoluble in water. USG is unaware of any other onsite sources of aluminum that may contribute to the stormwater results. Please see the attached technical memo written by Mr. Roger Sharpe, Director of Geotechnical and Mining Services at USG, for more details on aluminum in mica. USG is unaware of a different sample method which does not dissolve mica that may be present in trace amounts. Filtering the sample will not remove all of the mica, even if the TSS benchmark is maintained. For the reasons presented within, USG requests that the aluminum benchmark be removed so that future sample results are not counted as permit excursions. We are willing to work with NCDENR to reach practical administrative solution to this issue. Should you have any questions regarding this letter or the attached technical memo, please contact me at 770-454-1533. Sincerely, Q-0 Randy Ruddell Plant Manager United States Gypsum Company 722 Altapass Highway Spruce Pine, NC 28777 Enclosure Cc: Chuck Cranford, NCDENR - Asheville Regional Office Tun Fox, NCDENR — Asheville Regional Office Randy Kenyon, USG Roger Sharpe, USG John Bolden, USG Fox, Tim From: Pickle, Ken Sent: Thursday, April 11, 2013 9:20 AM To: Fox, Tim Cc: Georgoulias, Bethany Subject: RE: US Gypsum, Spruce Pine Hi Tim, Thanks for the update, Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. oickle(sbncdenr.gov Website: htti)://Portal.ncdenr.org/web/wci/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Fox, Tim Sent: Thursday, April 11, 2013 7:40 AM To: Pickle, Ken Cc: Georgoulias, Bethany Subject: US Gypsum, Spruce Pine Ke n, FYI, Just wanted to let you know that I spoke with Randy Kenyon, Environmental Manager, with the Gypsum facility and I will schedule an on -site meeting with him sometime over the next month. Thanks for your help and expertise. I also visited Horsehead last Friday and we discussed their SWPPP so that they will have that implemented before start up. Thanks, Tim Tim Fox-tim.fox@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Wor Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. Fox, Tim From: Sent: To: Cc: Subject: Ken, Georgoulias, Bethany Wednesday, April 10, 2013 1:48 PM Pickle, Ken; Schimizzi, Nikki; Fox, Tim; Barnett, Kevin Bennett, Bradley RE: US Gypsum, Spruce Pine I had a voice mail from John when I got back with a request to discuss this topic. I appreciate your working with him and contacting the ARO while I was away. I'm just catching up on the details on this one and will be interested to see their submittal when it gets here. Thanks, Bg Bethany Georgoulias Environmental Engineer NCDENR I DWO I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: http://portal.ncdenr.org/web/wq/ws/su E-mail correspondence to and from this address may be subject to the North Records Law and may be disclosed to third parties. From: Pickle, Ken Sent: Thursday, April 04, 2013 1:07 PM To: Schimizzi, Nikki; Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley; Georgoulias, Bethany Subject: RE: US Gypsum, Spruce Pine Thanks, Nikki, As soon as it gets here. kbp Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919)807-6494 Email: ken. oickle(c�ncdenr.00v Website: htto://I)ortal.ncdenr.org/web/wq/ws/su ina Public ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Schimizzi, Nikki Sent: Thursday, April 04, 2013 1:02 PM To: Pickle, Ken; Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley; Georgoulias, Bethany Subject: RE: US Gypsum, Spruce Pine Hi all, I'd be happy to review their internal memo on aluminum whenever they send it to us. I would also like to ask the DWQ chemistry lab folks to review it as well since they will be the experts on the testing procedures in question. You can forward the memo to me and I'll share it with the lab. Nikki Please note new e-mail address: nikki.schimizzita7.ncdenr.gov Nikki Schimizzi Environmental Senior Specialist NC Department of Environment and Natural Resources Division of Water Quality -Classification and Standards Unit 1617 Mail Service Center Raleigh NC 27699 (919)807-6413 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: Pickle, Ken Sent: Thursday, April 04, 2013 12:31 PM To: Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley; Georgoulias, Bethany; Schimizzi, Nikki Subject: RE: US Gypsum, Spruce Pine OK, here's the content in our phone call this morning. • On the call: John Bolden, US Gypsum Corporate Env. Mgr in Chicago; Tran Lin, Corp Env. Staff also in Chicago; Randy Kenyon, Plant Env.Mgr., Spruce Pine; Randy Ruddle (?), Plant Manager, Spruce Pine; KBP. • What they want: some DWQ response to their belief that they will never be able to meet the aluminum benchmark in our stormwater permit; and some modification to the permit on the aluminum. • What they said: o They have had continuing aluminum benchmark exceedances of the 0.75 mg/L stormwater benchmark in our permit. They have an internal paper/memo from a US Gypsum staff geologist explaining that the EPA lab test method frees up aluminum from the mica (an aluminum mineral) via the acidic digestion step, and that the aluminum would not be released from the mica when exposed to the natural processes in the natural environment. Hence the test method and benchmark together grossly over- state the water quality impact/risk, and some accommodation should be made in the permit requirements. I requested that they send us the internal memo. Nikki, would you be available to evaluate this concept once we receive their internal memo and you can review it? They have been sampling monthly in response to their understanding that they have subject to the Tier 2 and Tier 3 provisions of the permit. 1 note that they have been unsuccessful in catching monthly samples (required by Tier 2), and they have not previously contacted the ARO (required by Tier 3). The plant employs 12 people, and in 2012 they were working approximately 3 days per week. I have been to the Quartz facility that borders this site but have not inspected this facility since I started about a year ago. I don't have any additional information but I can schedule a site visit with them in the near future. You can pass on my contact information and I will contact them and see if we can help assist with a site visit. Thanks, Tim Tim Fox - tim.fox@ncdenr.Rov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Barnett, Kevin Sent: Thursday, April 04, 2013 7:50 AM To: Pickle, Ken Cc: Bennett, Bradley; Fox, Tim Subject: Re: US Gypsum, Spruce Pine Hi Ken. I have not been back to this facility since that 08 inspection. Tim, have you inspected this one? Thanks, Kevin Seni ftom my f%erizon Wireless 4G LTE DROID "Pickle, Ken" <ken.pickle a ncdenr.gov> wrote: Hi Kevin, I pulled your name out of our SPU file for NICS000202, US Gypsum in Spruce Pine, Mitchell County. I saw that you visited the site 12/18/2008. Do you know if there has been any USG/DWQ contact since your visit in December 2008, and since our issuance of the permit on 6/1/09? Is there anything special I should know about this facility? They want to talk with me tomorrow at 10:00 about their difficulties meeting the TSS benchmark and the aluminum benchmark according to just a very brief conversation this afternoon. Are you still tracking these guys? Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken.pickle@ncdenr.gov Website: http://portal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** Fox, Tim From: Pickle, Ken Sent: Thursday, April 04, 2013 1:07 PM To: Schimizzi, Nikki; Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley; Georgoulias, Bethany Subject: RE: US Gypsum, Spruce Pine Thanks, Nikki, As soon as it gets here. kbp Ken Pickle Environmental Engineer NCDENR I DWQ i Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken.pickle@ncdenr.gov Website: http://portal.ncdenr.org/web/wo/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Schimizzi, Nikki Sent: Thursday, April 04, 2013 1:02 PM To: Pickle, Ken; Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley; Georgoulias, Bethany Subject: RE: US Gypsum, Spruce Pine Hi all, I'd be happy to review their internal memo on aluminum whenever they send it to us. I would also like to ask the DWQ chemistry lab folks to review it as well since they will be the experts on the testing procedures in question. You can forward the memo to me and I'll share it with the lab. Nikki Please note new e-mail address: nikki.schimizzi(a)ncdenr.gov Nikki Schimizzi Environmental Senior Specialist NC Department of Environment and Natural Resources Division of Water Quality -Classification and Standards Unit 1617 Mail Service Center Raleigh NC 27699 (919)807-6413 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: Pickle, Ken Sent: Thursday, April 04, 2013 12:31 PM To: Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley; Georgoulias, Bethany; Schimizzi, Nikki Subject: RE: US Gypsum, Spruce Pine OK, here's the content in our phone call this morning. • On the call: John Bolden, US Gypsum Corporate Env. Mgr in Chicago; Tran Lin Corp Env. Staff also in Chicago; Randy Kenyon, Plant Env.Mgr., Spruce Pine; Randy Ruddle (?), Plant Manager, Spruce Pine; KBP. • What they want: some DWQ response to their belief that they will never be able to meet the aluminum benchmark in our stormwater permit; and some modification to the permit on the aluminum. • What they said: o They have had continuing aluminum benchmark exceedances of the 0.75 mg/L stormwater benchmark in our permit. They have an internal paper/memo from a US Gypsum staff geologist explaining that the EPA lab test method frees up aluminum from the mica (an aluminum mineral) via the acidic digestion step, and that the aluminum would not be released from the mica when exposed to the natural processes in the natural environment. Hence the test method and benchmark together grossly over- state the water quality impact/risk, and some accommodation should be made in the permit requirements. I requested that they send us the internal memo. Nikki, would you be available to evaluate this concept once we receive their internal memo and you can review it? o They have been sampling monthly in response to their understanding that they have subject to the Tier 2 and Tier 3 provisions of the permit. I note that they have been unsuccessful in catching monthly samples (required by Tier 2), and they have not previously contacted the ARO (required by Tier 3). o The plant employs 12 people, and in 2012 they were working approximately 3 days per week. o They have turned in one DMR for 2013 (although the DMR must be in the database -entry loop, because it's not in Central Files at the moment.) Reported aluminum values for the four outfalls are lower. They attribute the reduction to relocating some piles of stuff. Aluminum values are (compare to 0.75 mg/L benchmark): 0.183 mg/L, EBB mg/L, 1.15 mg/L, and 9:59 mg/Ll. They say that TSS values are all below benchmark on the one sampling event m 2013. • 1 explained: o We in Central Office SPU will not act on revising the permit until ARO has provided input on the question. I advised that ARO would be contacting them to arrange a site visit. (OK for me to commit ARO to that visit? If not please advise me.) o The Individual Stormwater Permit allows us to make changes to the monitoring suite during the term of the permit, unlike the General Permits. Or we can wait until the permit expiration and renewal on 5/31/14 and 6/1/14 (approx. one year from now.) o They should send us their internal memo on aluminum. They should construct a written argument supporting any request. o Comment on TSS: It's good that TSS has improved, but I'd like to see more than just a single event showing improvement before we consider any action on the permit requirements on TSS. o I explained my preference for an engineering solution before we attempt an administrative solution to their benchmark exceedances. • Next steps: o They will send us their internal memo on aluminum, mica, and the EPA test procedure vs natural conditions. o They will construct a written argument requesting some action on the aluminum benchmark provisions in the permit. o I will contact ARO to ask for a site visit. o Presumably ARO will make that visit, and then we can pow -wow on what we think about making some change to the stormwater permit. o I want to guide then. .ck to the conditions in the permit — they .ould be sampling more effectively than one sample during a 12 month monthly sampling period (2012); they should have already contacted ARO on the basis of more than four exceedances (I presume, I'll track down the DNIR data to be sure); ARO should take the lead in responding to the Tier 3 obligations, and SPU should work with ARO on that and on whether to make any changes to the permit to adjust the aluminum benchmark. Let me know if you see a better path forward with these folks. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. pickle(@ncdenr.gov Website: htto://portal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Pickle, Ken Sent: Thursday, April 04, 2013 9:42 AM To: Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley Subject: RE: US Gypsum, Spruce Pine Two guys, I just pulled the DMR's from DWQ Central files for this permittee for the year 2012. (The other reports have been archived off -site on a two year schedule, and we have nothing yet for 2013.) 1 think a longer record may be available in Google Docs. Here are his reported results for NCS000202: Jan, Mar, May, June, July, Aug, Sept, Oct - eight reports of "No Flow' Really!!!??? I note that the permit only requires them to sample twice a year, so I don't know why they're reporting so many times. Unless they're in Tier 2, or under Tier 3 and your direction as to more frequent sampling. But, I don't see that in the files. April 2012: Outfall Date rainfall TSS Pb pH Al Mg 100 mg/L 0.03 mg/L 6-9 0.75 mg/L 32 mg/L 1 4/7/12 0.55" 1070 0.0135 6.7 5.77, 2.47 2 4/7/12 0.55" 360 0.0067 7.1 3.15, 1.52 3 4/7/12 0.55" 2530. b.0382. 6.8 -18.11 5.76 4 4/7/12 0.55" 648 b.0710 7.0 53.5 8.52 So, I'll hear their comments, questions, and requests. And I'll forward to you the essence of our conversation. But I'm going to defer any action or response to them until you all have a chance to weigh in on what we should do with their request. Expect an email from me by lunch today. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. oickle@)ncdenr.gov Website: http://portal.ncdenr.org/web/wg/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Fox, Tim Sent: Thursday, April 04, 2013 8:09 AM To: Barnett, Kevin Cc: Pickle, Ken Subject: RE: US Gypsum, Spruce Pine Ken and Kevin, I have been to the Quartz facility that borders this site but have not inspected this facility since I started about a year ago. I don't have any additional information but I can schedule a site visit with them in the near future. You can pass on my contact information and I will contact them and see if we can help assist with a site visit. Thanks, Tim Tim Fox -tim.fox@ncdenr.Rov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel:828-296-4500 Fax:828-299-7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Barnett, Kevin Sent: Thursday, April 04, 2013 7:50 AM To: Pickle, Ken Cc: Bennett, Bradley; Fox, Tim Subject: Re: US Gypsum, Spruce Pine Hi Ken. I have not been back to this facility since that 08 inspection. Tim; have you inspected this one? Thanks, Kevin Senl,from my Y'erizora Wheless 4G LTE DROID "Pickle, Ken" <ken.pickle(a�ncdenr.kov> wrote: Hi Kevin, I pulled your name out of our SPU file for NCS000202, US Gypsum in Spruce Pine, Mitchell County. I saw that you visited the site 12/18/2008. Do you know if there has been any USG/DWQ contact since your visit in December 2008, and since our issuance of the permit on 6/1/09? Is there anything special I should know about this facility? They want to talk with me tomorrow at 10:00 about their difficulties meeting the TSS benchmark and the aluminum benchmark, according to just a very brief conversation this afternoon. Are you still tracking these guys? Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken.oickle@ncdenr.gov Website: htti)://oortal.ncdenr.org/web/wa/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** Fox, Tim From: Schimizzi, Nikki Sent: Thursday, April 04, 2013 1:02 PM To: Pickle, Ken; Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley; Georgoulias, Bethany Subject: RE: US Gypsum, Spruce Pine Hi all, I'd be happy to review their internal memo on aluminum whenever they send it to us. I would also like to ask the DWQ chemistry lab folks to review it as well since they will be the experts on the testing procedures in question. You can forward the memo to me and I'll share it with the lab. 7M Please note new e-mail address: nikki.schimizzi@ncdenr.gov Nikki Schimizzi Environmental Senior Specialist NC Department of Environment and Natural Resources Division of Water Quality -Classification and Standards Unit 1617 Mail Service Center Raleigh NC 27699 (919)807-6413 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: Pickle, Ken Sent: Thursday, April 04, 2013 12:31 PM To: Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley; Georgoulias, Bethany; Schimizzi, Nikki Subject: RE: US Gypsum, Spruce Pine OK, here's the content in our phone call this morning. • On the call: John Bolden, US Gypsum Corporate Env. Mgr in Chicago; Tran Lin, Corp Env. Staff also in Chicago; Randy Kenyon, Plant Env.Mgr., Spruce Pine; Randy Ruddle (?), Plant Manager, Spruce Pine; KBP. • What they want: some DWQ response to their belief that they will never be able to meet the aluminum benchmark in our stormwater permit; and some modification to the permit on the aluminum. What they said: o They have had continuing aluminum benchmark exceedances of the 0.75 mg/L stormwater benchmark in our permit. They have an internal paper/memo from a US Gypsum staff geologist explaining that the EPA lab test method frees up aluminum from the mica (an aluminum mineral) via the acidic digestion step, and that the aluminum would not be released from the mica when exposed to the natural processes in the natural environment. Hence the test method and benchmark together grossly over- state the water quality impact/risk, and some accommodation should be made in the permit requirements. 1 requested that they send us the internal memo. Nikki, would you be available to evaluate this concept once we receive their internal memo and you can review it? They have been samp....g monthly in response to their understar, ,g that they have subject to the Tier 2 and Tier 3 provisions of the permit. I note that they have been unsuccessful in catching monthly samples (required by Tier 2), and they have not previously contacted the ARO (required by Tier 3). The plant employs 12 people, and in 2012 they were working approximately 3 days per week. They have turned in one DMR for 2013 (although the DMR must be in the database -entry loop, because it's not in Central Files at the moment.) Reported aluminum values for the four outfalls are lower. They attribute the reduction to relocating some piles of stuff. Aluminum values are (compare to 0.75 mg/L benchmark): 0.183 mg/L, 0.88'mg/L, 1.15 mg/L, and 9.59 mg/ 1. They say that TSS values are all below benchmark on the one sampling event in 2013. • 1 explained: o We in Central Office SPU will not act on revising the permit until ARO has provided input on the question. I advised that ARO would be contacting them to arrange a site visit. (OK for me to commit ARO to that visit? If not please advise me.) o The Individual Stormwater Permit allows us to make changes to the monitoring suite during the term of the permit, unlike the General Permits. Or we can wait until the permit expiration and renewal on 5/31/14 and 6/1/14 (approx. one year from now.) o They should send us their internal memo on aluminum. They should construct a written argument supporting any request. o Comment on TSS: It's good that TSS has improved, but I'd like to see more than just a single event showing improvement before we consider any action on the permit requirements on TSS. o I explained my preference for an engineering solution before we attempt an administrative solution to their benchmark exceedances. • Next steps: o They will send us their internal memo on aluminum, mica, and the EPA test procedure vs natural conditions. o They will construct a written argument requesting some action on the aluminum benchmark provisions in the permit. o I will contact ARO to ask for a site visit. o Presumably ARO will make that visit, and then we can pow -wow on what we think about making some change to the stormwater permit. o I want to guide them back to the conditions in the permit —they should be sampling more effectively than one sample during a 12 month monthly sampling period (2012); they should have already contacted ARO on the basis of more than four exceedances (I presume, I'll track down the DMR data to be sure); ARO should take the lead in responding to the Tier 3 obligations, and SPU should work with ARO on that and on whether to make any changes to the permit to adjust the aluminum benchmark. Let me know if you see a better path forward with these folks. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919)807-6376 Fax: (919) 807-6494 Email: ken. pickle@ncdenr.gov Website: http://portal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Pickle, Ken Sent: Thursday, April 04, 2013 9:42 AM To: Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley Subject: RE: US Gypsum, Spruce Pine Two guys, I just pulled the DMR's from DWQ Central files for this permittee for the year 2012. (The other reports have been archived off -site on a two year schedule, and we have nothing yet for 2013.) 1 think a longer record may be available in Google Docs. Here are his reported results for NCS000202: Jan, Mar, May, June, July, Aug, Sept, Oct - eight reports of "No Flow" Really!!)??? I note that the permit only requires them to sample twice a year, so I don't know why they're reporting so many times. Unless they're in Tier 2, or under Tier 3 and your direction as to more frequent sampling. But, I don't see that in the files. April 2012: Outfall Date rainfall TSS Pb pH Al Mg 100 mg/L 0.03 mg/L 6-9 0.75 mg/L 32 mg/L 1 4/7/12 0.55" 107d 0.0135 6.7 5.77i 2.47 2 4/7/12 0.55" 360 0.0067 7.1 3.15 1.52 3 4/7/12 0.55" 2530 b.0382 6.8 18.1 5.76 4 4/7/12 0.55" 648 b.071d 7.0 53.5 8.52 So, I'll hear their comments, questions, and requests. And I'll forward to you the essence of our conversation. But I'm going to defer any action or response to them until you all have a chance to weigh in on what we should do with their request. Expect an email from me by lunch today. Ken' Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken.i)ickle�lancdenr.gov Website: http://portal.ncdenr.org/web/wg/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Fox, Tim Sent: Thursday, April 04, 2013 8:09 AM To: Barnett, Kevin Cc: Pickle, Ken Subject: RE: US Gypsum, Spruce Pine Ken and Kevin, I have been to the Quartz facility that borders this site but have not inspected this facility since I started about a year ago. I don't have any additional information but I can schedule a site visit with them in the near future. You can pass on my contact information and I will contact them and see if we can help assist with a site visit. Thanks, Tim Tim Fox - tim.fox@ncdenr.aov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax:828-299-7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Barnett, Kevin Sent: Thursday, April 04, 2013 7:50 AM To: Pickle, Ken Cc: Bennett, Bradley; Fox, Tim Subject: Re: US Gypsum, Spruce Pine Hi Ken. I have not been back to this facility since that 08 inspection. Tim, have you inspected this one? Thanks, Kevin Seni ftom my Veriznn 61,'ireless 4G LTE DXOID "Pickle, Ken" <ken.pickle y ncdenr.sov> wrote: Hi Kevin, 1 pulled your name out of our SPU file for NCS000202, US Gypsum in Spruce Pine, Mitchell County. I saw that you visited the site 12/18/2008. Do you know if there has been any USG/DWQ contact since your visit in December 2008, and since our issuance of the permit on 6/1/09? Is there anything special I should know about this facility? They want to talk with me tomorrow at 10:00 about their difficulties meeting the TSS benchmark and the aluminum benchmark, according to just a very brief conversation this afternoon. Are you still tracking these guys? I= Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken.oickle@ncdenr.gov Website: htti)://Portal.ncdenr.org/web/wcl/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** Fox, Tim From: Pickle, Ken Sent: Thursday, April 04, 2013 12:31 PM To: Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley; Georgoulias, Bethany; Schimizzi, Nikki Subject: RE: US Gypsum, Spruce Pine OK, here's the content in our phone call this morning. • On the call: John Bolden US Gypsum Corporate Env. Mgr in Chicago; Tran Lin, Corp Env. Staff also in Chicago; Randy Kenyon, Plant Env.Mgr., Spruce Pine; Randy Ruddle (?), Plant Manager, Spruce Pine; KBP. • What they want: some DWQ response to their belief that they will never be able to meet the aluminum benchmark in our stormwater permit; and some modification to the permit on the aluminum. • What they said: o They have had continuing aluminum benchmark exceedances of the 0.75 mg/L stormwater benchmark in our permit. They have an internal paper/memo from a US Gypsum staff geologist explaining that the EPA lab test method frees up aluminum from the mica (an aluminum mineral) via the acidic digestion step, and that the aluminum would not be released from the mica when exposed to the natural processes in the natural environment. Hence the test method and benchmark together grossly over- state the water quality impact/risk, and some accommodation should be made in the permit requirements. I requested that they send us the internal memo. Nikki, would you be available to evaluate this concept once we receive their internal memo and you can review it? They have been sampling monthly in response to their understanding that they have subject to the Tier 2 and Tier 3 provisions of the permit. 1 note that they have been unsuccessful in catching monthly samples (required by Tier 2), and they have not previously contacted the ARO (required by Tier 3). The plant employs 12 people, and in 2012 they were working approximately 3 days per week. They have turned in one DMR for 2013 (although the DMR must be in the database -entry loop, because it's not in Central Files at the moment.) Reported aluminum values for the four outfalls are lower. They attribute the reduction to relocating some piles of stuff. Aluminum values are (compare to 0.75 mg/L benchmark): 0.183 mg/L, 0.88 mg/L, 1.15 mg/L, and 9.59 mg/L. They say that TSS values are all below benchmark on the one sampling event in 2013. • 1 explained: o We in Central Office SPU will not act on revising the permit until ARO has provided input on the question. I advised that ARO would be contacting them to arrange a site visit. (OK for me to commit ARO to that visit? If not please advise me.) o The Individual Stormwater Permit allows us to make changes to the monitoring suite during the term of the permit, unlike the General Permits. Or we can wait until the permit expiration and renewal on 5/31/14 and 6/1/14 (approx. one year from now.) o They should send us their internal memo on aluminum. They should construct a written argument supporting any request. o Comment on TSS: It's good that TSS has improved, but I'd like to see more than just a single event showing improvement before we consider any action on the permit requirements on TSS. o I explained my preference for an engineering solution before we attempt an administrative solution to their benchmark exceedances. Next steps: o They will send us their internal memo on aluminum, mica, and the EPA test procedure vs natural conditions. o They will construct a written argument requesting some action on the aluminum benchmark provisions in the permit. o I will contact ARO to ask for a site visit. o Presumably ARO will ,..ake that visit, and then we can pow -wow on what we think about making some change to the stormwater permit. o I want to guide them back to the conditions in the permit —they should be sampling more effectively than one sample during a 12 month monthly sampling period (2012); they should have already contacted ARO on the basis of more than four exceedances (I presume, I'll track down the DMR data to be sure); ARID should take the lead in responding to the Tier 3 obligations, and SPU should work with ARO on that and on whether to make any changes to the permit to adjust the aluminum benchmark. Let me know if you see a better path forward with these folks. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919)807-6376 Fax: (919) 807-6494 Email: ken. oickle(sbncdenr.gov Website: http://portal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Pickle, Ken Sent: Thursday, April 04, 2013 9:42 AM To: Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley Subject: RE: US Gypsum, Spruce Pine Two guys, I just pulled the DMR's from DWQ Central files for this permittee for the year 2012. (The other reports have been archived off -site on a two year schedule, and we have nothing yet for 2013.) 1 think a longer record may be available in Google Docs. Here are his reported results for NCS000202: Jan, Mar, May, June, July, Aug, Sept, Oct - eight reports of "No Flow" Really!!!??? I note that the permit only requires them to sample twice a year, so I don't know why they're reporting so many times. Unless they're in Tier 2, or under Tier 3 and your direction as to more frequent sampling. But, I don't see that in the files. April 2012: Outfall Date rainfall TSS Pb pH Al Mg 100 mg/L 0.03 mg/L 6-9 0.75 mg/L 32 mg/L 1 4/7/12 0.55" 1070 0.0135 6.7 5.77, 2.47 2 4/7/12 0.55" 360 0.0067 7.1 3.15 1.52 3 4/7/12 0.55" 2530 b.0382 6.8 18.11 5.76 4 4/7/12 0.55" 648 b.0710 7.0 53.5 8.52 So, I'll hear their comments, questioi,_, and requests. And I'll forward to you the essence of our conversation. But I'm going to defer any action or response to them until you all have a chance to weigh in on what we should do with their request. Expect an email from me by lunch today. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken.pickle@ncdenr.gov Website: http://portal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Fox, Tim Sent: Thursday, April 04, 2013 8:09 AM To: Barnett, Kevin Cc: Pickle, Ken Subject: RE: US Gypsum, Spruce Pine Ken and Kevin, I have been to the Quartz facility that borders this site but have not inspected this facility since I started about a year ago. I don't have any additional information but I can schedule a site visit with them in the near future. You can pass on my contact information and I will contact them and see if we can help assist with a site visit. Thanks, Tim Tim Fox -tim.fox@ncdenr.Rov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel:828-296-4500 Fax:828-299-7043 Notice: Email correspondence to anu .. om this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Barnett, Kevin Sent: Thursday, April 04, 2013 7:50 AM To: Pickle, Ken Cc: Bennett, Bradley; Fox, Tim Subject: Re: US Gypsum, Spruce Pine Hi Ken. I have not been back to this facility since that 08 inspection. Tim, have you inspected this one? Thanks, Kevin Seni firm my l'erizon Ii'ireless dG LTG DROID "Pickle, Ken" <ken.picklenncderingov> wrote: Hi Kevin, I pulled your name out of our SPU file for NC5000202, US Gypsum in Spruce Pine, Mitchell County. I saw that you visited the site 12/18/2008. Do you know if there has been any USG/DWQ contact since your visit in December 2008, and since our issuance of the permit on 6/1/09? Is there anything special I should know about this facility? They want to talk with me tomorrow at 10:00 about their difficulties meeting the TSS benchmark and the aluminum benchmark according to just a very brief conversation this afternoon. Are you still tracking these guys? Ken Ken Pickle Environmental Engineer NCDENR i DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. oickle@ncdenr.gov Website: htto://portal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** Fox, Tim From: Pickle, Ken Sent: Thursday, April 04, 2013 9:42 AM To: Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley Subject: RE: US Gypsum, Spruce Pine Categories: Yellow Category Two guys, I just pulled the DMR's from DWQ Central files for this permittee for the year 2012. (The other reports have been archived off -site on a two year schedule, and we have nothing yet for 2013.) 1 think a longer record may be available in Google Docs. Here are his reported results for NCS000202: Jan, Mar, May, June, July, Aug, Sept, Oct - eight reports of "No Flow" Really!!!??? I note that the permit only requires them to sample twice a year, so I don't know why they're reporting so many times. Unless they're in Tier 2, or under Tier 3 and your direction as to more frequent sampling. But, I don't see that in the files. April 2012: Outfall Date rainfall TSS Pb pH Al Mg 100 mg/L 0.03 mg/L 6-9 0.75 mg/L 32 mg/L 1 4/7/12 0.55" 107d 0.0135 6.7 5.771 2.47 2 4/7/12 0.55" 36d 0.0067 7.1 3.15 1.52 3 4/7/12 0.55" 2530 b.0382 6.8 18.11 5.76 4 4/7/12 0.55" 649 b.0710 7.0 53.5 8.52 So, I'll hear their comments, questions, and requests. And I'll forward to you the essence of our conversation. But I'm going to defer any action or response to them until you all have a chance to weigh in on what we should do with their request. Expect an email from me by lunch today. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919)807-6494 Email: ken.pickle@ncdenr.gov Website: http://portal.ncdenr.org/web/wo/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Fox, Tim Sent: Thursday, April 04, 2013 8:09 AM To: Barnett, Kevin Cc: Pickle, Ken Subject: RE: US Gypsum, Spruce Pine Ken and Kevin, I have been to the Quartz facility that borders this site but have not inspected this facility since I started about a year ago. I don't have any additional information but I can schedule a site visit with them in the near future. You can pass on my contact information and I will contact them and see if we can help assist with a site visit. Thanks, Tim Tim Fox -tim.fox@ncdenr.Rov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Barnett, Kevin Sent: Thursday, April 04, 2013 7:50 AM To: Pickle, Ken Cc: Bennett, Bradley; Fox, Tim Subject: Re: US Gypsum, Spruce Pine Hi Ken. I have not been back to this facility since that 08 inspection. Tim, have you inspected this one? Thanks, Kevin 2 Sen! from my Neri_on Wireless 4G _ iY' DROID "Pickle, Ken" <ken.nickle a ncdenr.eov> wrote: Hi Kevin, I pulled your name out of our SPU file for NCS000202, US Gypsum in Spruce Pine, Mitchell County. I saw that you visited the site 12/18/2008. Do you know if there has been any USG/DWQ contact since your visit in December 2008, and since our issuance of the permit on 6/1/09? Is there anything special I should know about this facility? They want to talk with me tomorrow at 10:00 about their difficulties meeting the TSS benchmark and the aluminum benchmark according to just a very brief conversation this afternoon. Are you still tracking these guys? Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, INC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. picklePncdenr.gov Website: htti)://portal.ncdenr.org/web/wci/ws/su " Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** Fox, Tim From: Barnett, Kevin Sent: Thursday, April 04, 2013 7:50 AM To: Pickle, Ken Cc: Bennett, Bradley; Fox, Tim Subject: Re: US Gypsum, Spruce Pine Hi Ken. I have not been back to this facility since that 08 inspection. Tim, have you inspected this one? Thanks, Kevin Sent %tom my Verizon YVireless 4G LTF DROlD "Pickle, Ken" <ken.pickle n ncdenr.gov> wrote: Hi Kevin, I pulled your name out of our SPU file for NCS000202, US Gypsum in Spruce Pine, Mitchell County. I saw that you visited the site 12/18/2008. Do you know if there has been any USG/DWQ contact since your visit in December 2008, and since our issuance of the permit on 6/1/09? Is there anything special I should know about this facility? They want to talk with me tomorrow at 10:00 about their difficulties meeting the TSS benchmark and the aluminum benchmark according to just a very brief conversation this afternoon. Are you still tracking these guys? DWI Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. pickleCancdenr.gov Website: http://Portal.ncdenr.org/web/wp/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** TO: Randy Kenyon — Spruce Pine April 1, 2013 Randy Ruddle — Chamblee John Bolden — Chicago CC: Greg Kinser — Chicago Tony Suveg - Chicago FROM: Roger D. Sharpe — Director, Geotechnical and Mining Services SUBJECT: Spruce Pine —Aluminum Content of Stormwater Runoff Samples Samples of surface water runoff from the Spruce Pine Plant often have a dissolved aluminum content exceeding the limit of 750 pg/L set by the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. During the period August 2009 through January 2013 composite samples of the four permitted outfalls varied from 917µg/L to 38,600 µg/L. The analyses represent the total aluminum content after the samples are digested in a mixture of nitric and hydrochloric acid. This data does not accurately represent the actual dissolved aluminum content of the runoff into the North Toe River. The predominant mineral in the runoff is muscovite, which is very resistant to mechanical and chemical breakdown by natural processes. Muscovite discharged as runoff does not significantly contribute to the total dissolved aluminum content of the North Toe River. Background levels of dissolved aluminum in the North Toe River Watershed (>150 square miles of mica -bearing rocks) varied from about 100 to 1,600,ugIL. Muscovite (K2A14[Si6Al2O201(OH)4) is one of the most chemically and mechanically resistant minerals that occurs in the types of rocks underlying the North Toe River Watershed (NTRW.) It is very robust and remains relatively unaffected during chemical and physical weathering/erosion of the muscovite -bearing parent rocks. The general chemical weathering processes for rocks such as granite, pegmatite and mica schist/gneiss are shown below: • Feldspars (orthoclase and plagioclase) undergo hydrolysis to form kaolinite clay, releasing Na and K ions, which are removed by leaching by groundwater. • Biotite and/or amphibole undergo hydrolysis to form clay and/or vermiculite and oxidation to form iron oxides. • Quartz and muscovite are very resistant to weathering and remain as residual minerals. The Spruce Pine Plant is located very close to the downstream end of the drainage basin of the NTRW, which covers more than 150 square miles. The drainage basin is underlain predominantly by metamorphic rock of the Ashe Metamorphic Suite (AMS) which includes mica schist and gneiss, quartz -feldspar gneiss, arnphibolites gneiss and schist, minor ultramafrc rocks and marble. The AMS has been intruded by plutons and thick veins of igneous rock including white granitic rock, known as "alaskite" and pegmatites. Muscovite is abundant in the mica schist/gneiss, alaskite and pegmatites. A limited number of samples taken from the Toe River taken upstream of the USG and Feldspar Corporation plants have total dissolved aluminum values of about 100 to 1,600 fig/L. This is significant because it represents the total amount of aluminum contributed to the surface water from a drainage basin over 150 square miles in area. When muscovite is removed by erosional processes the crystals abrade into smaller and smaller particles, remaining suspended in stream and river flow and transported over great distances. Muscovite has one perfect cleavage plane and is easily split into thinner and thinner sheets. Muscovite derived from the erosion of the Appalachian Mountains is found in beach deposits all along the Atlantic and Gulf Coasts. Larger muscovite particles and/or "books" of crystals may settle into the stream/river sediments or be carried in the bed load. The (total) aluminum content of stream sediments in the Spruce Pine area is in the range of 32,000 to 64,000 µg/L. Muscovite does not naturally contribute a significant amount of aluminum into fresh water runoff and stream flow due to its relative insolubility in the common forms, aluminum oxide and aluminum hydroxide. • Aluminum mainly occurs as A13+ (aq) under acidic conditions, and as Al(OH)4 (aq) under neutral to alkaline conditions. Other forms include AlOII2+ (aq) and AI(OH)3 (aq). • The most abundant aluminum compounds are aluminum oxide and aluminum hydroxide, and these are water insoluble, • Aluminum forms during mineral weathering of feldspars, such as and orthoclase, plagioclase, micas and bauxite subsequently ending up in clay minerals, such as kaolinite or halloysite. • The information below is from a 1929 technical document of the U. S. Department of Agriculture titled "Alteration of Muscovite and Biotite in the Soil", 1929, USDA Technical Bulletin 128: • Muscovite, under ordinary conditions, is one of the least alterable of minerals. • The feldspar of a granite may be completely kaolinized, while the embedded plates of mica retain their brilliancy almost unchanged. • One of the most frequent alterations [of muscovite] is that of hydration, a part of the potassium being replaced by hydrogen; or at the same time it may take up other bases and thus the mineral may pass into vermiculite, a somewhat indefinite compound to which no formula can lie assigned. • Muscovite as well as biotite releases potash (potassium) to plants, and both are as well adapted for supplying potash as potash feldspar, (2) The release of potash to plants by muscovite is in opposition to the prevailing opinion a<< to the capacity of this mineral to weather, pointing, as it does, to an actual weathering. This appears to consist in removal of potash but with preservation of the external physical properties of the mineral. • Studies on the laterites of Guinea finds that the weathering of muscovite under lateritic conditions results in loss of alkalies, particularly of potash, with a corresponding gain in water, the end product of weathering having essentially the composition of kaolinite. Roger D. Sharpe P.G. TIP-Yor-e- Director, Geotechnical and Mining Services United States Gypsum Company April 11, 2013 Mr. Ken Pickle, Stormwater Staff Engineer L:AP North Carolina Department of Environment and Natural Resources Division of Water Quality2013 1617 Mail Service Center Raleigh, NC 27699-1617 afar Aran Ile: USG Stormwater Permit No. NCS000202 — TSS and Aluminum Benchmarks Dear Mr. Pickle: Please accept this letter as a recap of our discussion via teleconference on Thursday, April 4"i. United Slates Gypsum Company (USG) operates a mica processing facility in Spruce Pine, NC tinder individual stormwater permit NCS000202. The Plant has four stormwater outfalls which discharge to property owned by the Feldspar Corporation before eventually discharging to the North Toe River. Semiannual analytical sampling has been completed for TSS, Aluminum, Magnesium, Lead and pH. Results are regularly submitted on Discharge Monitoring Reports to the North Carolina Department of Environment and Natural Resources (NCDENR). Over the permit term, the benchmarks for TSS and Aluminum have been exceeded more than four times at multiple outfalls. Concrete sumps were installed in 1999 to trap suspended solids before reaching the Plant's stormwater outfalls. The project has reduced solids in stormmwater effluent considerably since initial installation. Per the Tiered Program in the stormwater permit, monthly analytical sampling was implemented starting in 2010. The initial 2013 storm water sample was below the 100 mg/L TSS benchmark at all outfalls. The USG Spruce Pine Plant believes that this positive result is due to the elimination of a satellite mica storage pile towards the end of 2012. The Plant's Stormwater Pollution Prevention Plan will be updated to reflect this new BMP and mica will not be stored in this location going forward. We will continue to collect monthly samples to ensure that TSS stays below the permit benchmark. If additional benchmark excursions are noted, USG will investigate additional engineering controls or increased housekeeping. The Spruce Pine Plant cannot meet the 0.75 mg/L aluminum benchmark. EPA Method 200.7 performed by Pace Analytical Services, Inc., digests the entire sample in a mixture of hydrochloric and nitric acids and then determines the amount of aluminum present. However, this method does not relate the actual contribution of mica present in storm water to the dissolved aluminum content of the North "foe River. Mechanical and/or chemical weathering processes do not easily liberate aluminum from muscovite mica, the Plant's main raw material. When Mr. Ken Pickle NCDENR. Division of Water Quality Page 12 aluminum is liberated it forms either aluminum oxide or aluminum hydroxide, which are both insoluble in water. USG is unaware of any other onsite sources of aluminum that may contribute to the stormwater results. Please see the attached technical memo written by Mr. Roger Sharpe, Director of Geotechnical and Mining Services at USG, for more details on aluminum in mica. USG is unaware of a different sample method which does not dissolve mica that may be present in trace amounts. Filtering the sample will not remove all of the mica, even if the TSS benchmark is maintained. For the reasons presented within, USG requests that the aluminum benchmark be removed so that future sample results are not counted as permit excursions. We are willing to work with NCDLNR to reach practical administrative solution to this issue. Should you have any questions regarding this letter or the attached technical memo, please contact me at 770-454-1533. Sincerely, Randy Ruddell Plant Manager United States Gypsum Company 722 Altapass Highway Spruce Pine, NC 28777 Enclosure Cc: Chuck Cranford, NCDENR - Asheville Regional Office Tim Fox, NCDENR — Asheville Regional Office Randy Kenyon, USG Roger Sharpe, USG John Bolden, USG TO: Randy Kenyon — Spruce Pine April 1, 2013 Randy Ruddle —Chamblee John Bolden — Chicago CC: Greg Kinser — Chicago Tony Suveg - Chicago FROM: Roger D. Sharpe — Director, Geotechnical and Mining Services SUBJECT: Spruce Pine —Aluminum Content of Stormwater Runoff Samples Samples of surface water runoff from the Spruce Pine Plant often have a dissolved aluminum content exceeding the limit of 7501ug/L set by the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. During the period August 2009 through January 2013 composite samples of the four permitted outfalls varied from 917µg/L to 38,600 µg/L. The analyses represent the total aluminum content after the samples are digested in a mixture of nitric and hydrochloric acid. This data does not accurately represent the actual dissolver/ aluminum content of the runoff into the North Toe River. The predominant mineral in the runoff is muscovite, which is very resistant to mechanical and chemical breakdown by natural processes. Muscovite discharger/ as runoff does not significantly contribute to the total dissolver/ aluminum content of the North Toe River. Background levels of dissolved aluminum in the North Toe River Watershed (>150 square miles of mica -bearing rocks) varied frmn about 100 to 1,600 jig/L. Muscovite (K2Al4[Si6Al20201(OH)4) is one of the most chemically and mechanically resistant minerals that occurs in the types of rocks underlying the North Toe River Watershed (NTRW.) It is very robust and remains relatively unaffected during chemical and physical weathering/erosion of the muscovite -bearing parent rocks. The general chemical weathering processes for rocks such as granite, pegmatite and mica schist/gneiss are shown below: • Feldspars (orthoclase and plagioclase) undergo hydrolysis to form kaolinite clay, releasing Na and K ions, which are removed by leaching by groundwater. • Biotite and/or amphibole undergo hydrolysis to form clay and/or vermiculite and oxidation to form iron oxides. • Quartz and muscovite are very resistant to weathering and remain as residual minerals. The Spruce Pine Plant is located very close to the downstream end of the drainage basin of the NfRW, which covers more than 150 square miles. The drainage basin is underlain predominantly by metamorphic rock of the Ashe Metamorphic Suite (AMS) which includes mica schist and gneiss, quartz -feldspar gneiss, amphibolites gneiss and schist, minor ultramafic rocks and marble. The AMS has been intruded by plutons and thick veins of igneous rock including white granitic rock, known as "alaskite" and pegmatites. Muscovite is abundant in the mica schist/gneiss, alaskite and pegmatites. A limited number of samples taken from the Toe River taken upstream of the USG and Feldspar Corporation plants have total dissolved aluminum values of about 100 to 1,600 µg/L. This is significant because it represents the total amount of aluminum contributed to the surface water from a drainage basin over 150 square miles in area. When muscovite is removed by erosional processes the crystals abrade into smaller and smaller particles, remaining suspended in stream and river flow and transported over great distances. Muscovite has one perfect cleavage plane and is easily split into thinner and thinner sheets. Muscovite derived from the erosion of the Appalachian Mountains is found in beach deposits all along the Atlantic and Gulf Coasts. Larger muscovite particles and/or "books' of crystals may settle into the stream/river sediments or be carried in the bed load. The (total) aluminum content of stream sediments in the Spruce Pine area is in the range of 32,000 to 64,000 µg/L. Muscovite does not naturally contribute a significant amount of aluminum into fresh water runoff and stream flow due to its relative insolubility in the common forms, aluminum oxide and aluminum hydroxide. • Aluminum mainly occurs as AI3+ (a(j) under acidic conditions, and as Al(O1-1)4- (aq) under neutral to alkaline conditions. Other forms include AIOH2+ (aq) and AI(OH)3 (aq). • The most abundant aluminum compounds are aluminum oxide and aluminum hydroxide, and these are water insoluble. • Aluminum forms during mineral weathering of feldspars, such as and orthoclase, plagioclase, micas and bauxite subsequently ending up in clay minerals, such as kaolinite or halloysite. • The information below is from a 1929 technical document of the U. S. Department of Agriculture titled "Alteration of Muscovite and Biolile in the Soil", 1929, USDA Technical Bulletin 128: • Muscovite, under ordinary conditions, is one of the least alterable of minerals. • The feldspar of a granite may be completely kaolinized, while the embedded plates of mica retain their brilliancy almost unchanged. • One of the most frequent alterations [of muscovite] is that of hydration, a part of the potassium being replaced by hydrogen; or at the same time it may take up other bases and thus the mineral may pass into vermiculite, a somewhat indefinite compound to which no formula can lie assigned. • Muscovite as well as biotite releases potash (potassium) to plants, and both are as well adapted for supplying potash as potash feldspar. (2) The release of potash to plants by muscovite is in opposition to the prevailing opinion as to the capacity of this mineral to weather, pointing, as it does, to an actual weathering. This appears to consist in removal of potash but with preservation of the external physical properties of the mineral. • Studies on the laterites of Guinea finds that the weathering of muscovite under lateritic conditions results in loss of alkalies, particularly of potash, with a corresponding gain in water, the end product of weathering having essentially the composition of kaolinite. Roger D. Sharpe P.G. Director, Geotechnical and Mining Services United States Gypsum Company Ken From: Pickle, Ken Sent: Thursday, April 04, 2013 9:42 AM To: Fox, Tim; Barnett, Kevin Cc: Bennett, Bradley Subject: RE: US Gypsum, Spruce Pine Two guys, T/e>' / %%r>' 2 a7 t �r 3 llSU /i7� 183 ,l8 I just pulled the DMR's from DWQ Central files for this permittee for the year 2012. (The other reports have been archived off -site on a two year schedule, and we have nothing yet for 2013.) 1 think a longer record may be available in Google Docs. Here are his reported results for NCS000202: Jan, Mar, May, June, July, Aug, Sept, Oct - eight reports of "No Flow' Reallylll??? I note that the permit only requires them to sample twice a year, so I don't know why they're reporting so many times. Unless they're in Tier 2, or under Tier 3 and your direction as to more frequent sampling. But, I don't see that in the files. April 2012: Outfall Date rainfall TSS Pb pH Al Mg 100 mg/L 0.03 mg/L 6-9 0.75 mg/L 32 mg/L 1 4/7/12 0.55" 1070 0.0135 6.7 5.77 2.47 2 4/7/12 0.55" 360 0.0067 7.1 3.15 1.52 3 4/7/12 0.55" 2530 0.0382 6.8 18.1 5.76 4 4/7/12 1 0.55" 648 0.0710 7.0 53.5 8.52 So, I'll hear their comments, questions, and requests. And I'll forward to you the esse e of o'ur conversation. But I'm going to defer any action or response to them until you all have a chance to weigh in on what we should do with their request. Expect an email from me by lunch today. Ken 1070 2 3 3 Ken Pickle 36o `I 4— 4- Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. oickleColncdenr.gov Website: htto://Portal.ncdenr.org/web/wa/ws/su 9P��z7 ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Fox, Tim Sent: Thursday, April 04, 2013 8:09 AM To: Barnett, Kevin Cc: Pickle, Ken Subject: RE: US Gypsum, Spruce Pine Ken and Kevin, I have been to the Quartz facility that borders this site but have not inspected this facility since I started about a year ago. I don't have any additional information but I can schedule a site visit with them in the near future. You can pass on my contact information and I will contact them and see if we can help assist with a site visit. Thanks, Tim Tim Fox-tim.foxC@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Barnett, Kevin Sent: Thursday, April 04, 2013 7:50 AM To: Pickle, Ken Cc: Bennett, Bradley; Fox, Tim Subject: Re: US Gypsum, Spruce Pine Hi Ken. I have not been back to this facility since that 08 inspection. Tim, have you inspected this one? Thanks, Kevin Sent from my Verizon Wireless 4G LTG DROID "Pickle, Ken" <ken.pick Ie@ncdenr.eov> wrote: Hi Kevin, I pulled your name out of our SPU file for NCS000202, US Gypsum in Spruce Pine, Mitchell County. I saw that you visited the site 12/18/2008. Do you know if there has been any USG/DWQ contact since your visit in December 2008, and since our issuance of the permit on 6/1/09? Is there anything special I should know about this facility? They want to talk with me tomorrow at 10:00 about their difficulties meeting the TSS benchmark and the aluminum benchmark, according to just a very brief conversation this afternoon. Are you still tracking these guys? Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken. oickleConcdenr.gov Website: htto://i)ortal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** Y ; �wxa,','Cs0o0202 STATE OF NORTH CAROLINA DEPARTMENT 01: ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina r6c.1%,eralStatute'143-215. 1, other lawful standards and regulations promulgated and adopted by the. Carolina Environmental Management Commission, and the Federal Water Po4hu_ lioControl Act, as amended, lC0FflPflH)'NHR11e1Uu/\ited/ t- es (.ypsum Companv is hereby authoriz d �dikhtirge st�water from a facility located at �unnea �mtcs tw Sum t_om anv {-1'aN+tl-yi IV Q- r ti lddres}722 Alta ass I-liehwav �� Spruce Pinc}Ety{, NC IG6uiit+ INlitchell County to receiving waters designated as North Too River}Wakerhodti� ame1, a class C rriGlass1 I stream in the 11la;:a NameFrench Broad River Basin. in accordance with the discharge limitations. monitoring requirements, and other conditions set forth in Parts 1, IL III, IV. V and VI hereof. ' '.�,.m onif Owes are This permit shall become effective f0tr lieraanu, .tune 1, 3FlN5200R97+ - 'Phis permit and the authorization to discharge shall expire at midnight on 1-Septembe i I)eeenikerMav 31Fl.2NFFl20121{. 1 Signed this day 'September Y 5OcioberDe.em47 Mav 4429, 304}3N00L9{. Permit No. NCGYX0000 for ' � `�'. r' �.". Colecn IL Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission )0"I' F RGI;:"I"10 EDfI' 1'IIFS'I' I IEADPR!!... t Page 2 of 10 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location PART II MONITORI DISCHARC Section A: StormwE Section B: Analytic Section C: Qualitati Section D: On -Site Permit No. N(;,,,:4_4A',`'INCSQQO^0_ i PERMITTED s PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability I. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions I. Individual Permit Expiration 2. Transfers 11 Permit No. PUS",6-_'3.`-r',` XNCSO00202 3. Signatory Requirements 4. Individual Permit Modification. Revocation and Reissuance, or Termination 5. Permit Actions i Section C: Operation and Maintenance of Pollution Controls I. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records I. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures S. Representative Outfall 6. v Records R'etention 7. Inspection and1dg3ntry Section E: Reporting R uirements 1. A Dis harge. ' onitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Flour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS DON'T FORGET" TO EDIT I M Permit No. NCSOOOXXX PART INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 every live (5) vears. cr Y SECTION B: PERMITTED <<A^CC\\TIVITIIl\\ES Until this permit expires or is mnodifiedrevoked, the permittee is authorized to discharge stormwater to the surface waters.ofNorth Carolina or separate storm sewer system whiehsystent that has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All stormwater discharges shall be in accordance with the conditions of this permit. f �/ Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order,judgment, or decree. Pan I Page I oft SECTION C: LOCATION MAP Permit No. NCSOOOXXX a Part I Page 3 of 2 Permit No. NCSOOOXar Elss - - -- S 3 Win'yy-�J ir , �� tom:, J.�Yr c � �'1.,.�.'`.1\� y�\ u71.`yL•• 1 �.1 1'� j �' . f"�j� rt'.. ,. V/� ire "x ,R ft+.��5 � �,' NO vS,x�'(�.�`F.�� MID F��`-y�� .• � it\. � � 1J��ilfj. '""'1'1t '\l ` ' � � t �� :.�.. 9 9 a � � ono m P _•� • :'� �v� � J -ti--a�Jr�i ti � �. ` '` 1,\/ ��1 O Permit No. NG-S044X ''-XNCS000202 PART II MONITORING,___ __ CONTROLS, AND LIMITATIONS FOR , _ - j Formatted: Font:14 pt, eoa J PERMITTED DISCHARGES SECTION A: STOR,\IN'ATER POLLUTION PREVI NTION PLAN The Pennittee slwll develop a Stormwatcr Pollution Prevention Plan. herein alter referred to as the Plan. 'Ihis Plan shall be considered pubIic information in accordance with Part 111. Standard Conditions. Section E. Paragraph 3 nl this individual permit. 'fhc Plan shall include. at a ' minimum. the following items: littf)://h2o.enr.statc.ne.us/tmdl/TJ'IDL IisLhhn#Final TNIDLs. bl A naarrative dCSCI'Ipllon of storage oractices, luadine and unloading activities outdoor process areas. dust or particulate generating or control processes. and waste disposal practices. A narrative description of the potential pollutants which could be espceted to be present in the stornwyater discharge horn each outfall. (c) A site nt:m drawn to scale (including a distance ]"wrid I showina: the site oroperly boundary. the Aonmvatcr discharge outtalls. all on -site and adiacenl surface waters and wetlands, industrial activity areas (including storage of materials. disposal areas. process areas. loading and unloading areas. and haul roads), site tonographv. all drainage features and structures. drainage areas for each outfall. direction of flow in each drainage area, industrial activities occurring in each drainage arca. buildings. existing Ri\IPs. and im en,ious surfaces. The site ma ' must indicate the percentage of each drainage area that is impervious. (dl A list of significant spills or leaks ofpollutanls that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitig_ute spill impacts. Part 11 Page 2 of 103 7 Permit No. NE; S4 41XNANCSOOn_0'- (e) Certi li cat ion that the storntwater outtalk have been evaluated lix the presence of non-stonmeater discharges. late certification statement will be signed in accordance with the raiuirements found in Pan III. Standard Conditions, Section 11, Paragraph 5. The permiltee shall re-ee'tik annualk, that the stormwacr outfalls have been evaluated Im the presence of non-stornwawl discharges. o Stormwater Management Plan__fhe stortnwatcr„fnmagcncnt plan shall contain a narrative description of the materials management practices cmploved which control or minimize the exposure of significant materials to stormwatcr. including stntctwnl and nonstructural measures. The stornttvater management plan. at a minimum. shall incorrxvate the Inllowool. connected directly to stormaanor cona evince systems. the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). and anv stomiwater that accumulates in the containment area shall be at a minimum visually observed for color. foam, outf'all staining visible sheens and dry weather flow. prior to release ofthe accumulated sormwater. ACCUtnulated stormwatcr shall be refcused iI Ibund to be uncontaminated by the material stored within the containment area. Records documenting the individUal making the observation, the description ofthe accumulated stormwater. and the date and time of the release shall be kept lirr a period of five years. el BNIP Smnmaiv. A listing of site structural and nun-suvctural Best Man,nzenent Practices (BNIP) shall be provided. The installation and implementation of 1141's shall be based on the assessment of the potential for sources to contribute sirmillcant quantities of pollutants to sturnnrata discharges and data collected through monitoring of stormwater discharges. The 13MP Sunumn shall include a written record ofthe specific rationale fir installation and implementation of the selected site BNA's. The 13MP Sutnmary shall be reviewed and updated annualhV. Part II Page 3 of 103 7 Permit No. NG5091Lk�' 'NCS000202 S. Snill Prevention and Resrxmse Plan. The Snill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for imUlementing the SPRP shall be identified in a written list incorporated into the SPRP and siened and dated M each individual acknowledging their responsi bi l i ties for the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate sormwatcr runoff through spills or exposure of materials associated with the Ihuluv_operations. "fhe S11101 must be site stormwater specific. Therefive. an ail SH Prevention Control and Countermeasure plan (SPCC) may be a component ol'the SPRP. but may not be sup lieient to cum _ letcly address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP maw be incorporated M' retcrence into the cntzn responsible Rnr implementing the training shall be identified, and their annual trainim, shall he documented by the signature of each emplovee trained. G. Responsible Pate. The Slormwater Pollution Prevention Plan shall identil: a specific positions) responsible for the overall coordination, development. implementation. and revision to the Plan. Responsibilities for all components of the Plan shall be documental and position assignments provided. 7. Plan Amendment. The nennittee shall amend the Plan whenever there is a chance in design. consti uction. operation. or maintenance which has a significant effect on the potential for the discharge of pollutants to surlace waters. All aspects of the Stormwaler Pollution Prevention Plan shall be reviewed and undated on an annual basis. "fhe annual update shall include an updated list of sienificant spills or leaks ol'pollutants for the previous three vcas. or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evalualcd [or the presence ol' non-stomwatcr discharges. Each annual update shall include a re-evaluation of the Part II Page 4 of 103 7 I t 4b ll Jo 5 abed 11 Md sr .mono prgs swatsns.IDlrmulAolS IIrs pur atglnr.! Igtlo sn0goM[ sul 'suonaa suI .UpJMoJ '8 'aprO aaaq anrq soaueg0 MLp 1J'gt .J0100.11(l nql 01 5 q�ir�nem,l •tj uoi)n iS -SU0pipuo.j PiepurlS Ill ur<I qum a.iuep.i000n uo aupilm uJ uour.Oi-iitJaO apino.JU pugs X1UIUI.wd oy I. 'slunuiaUm m.l untunul O laoO 01 ulq,l Iql , ul,ylpoO .Jul Mqt of 0lnpngos MOIL r ➢Lugns Ilrgs notllul.M ngl'onnou gnnsl0 serp pE ulquM litund iqt lu SJUIUM.Unli.ii uuumunu Mgllo aJoui 10 Muo ln2lu lou Shop urld nql u34n+anl1nu.wc Mql eln0u netu.Lot13.uU aq_I_ u�ld uJnwn<t;Lill lN .uuLsuuaols 3g7Jo.vr.00nS IINI[I Mql III pn1S11 S,IIN£I ngll0 SSMUMnnMpllM Z0Z000sa.'f' k'fhiHS9N'ON Pw13d Permit No. SIZG ION -A! STE RAINNAT ER-POMA4 R-)N--RR44ENTION-RLA+N he-,f+Nitteu-::4h.4kaeva4er>-e-`•',tE�f+»++ete, o, I, ,.,., at ion H n-. he;eiii a!let fef-.�,�r,, „i the Plan. 1 his Wait shall �e eotrsijeped pub! e ifilbinination in Eteem-damee kNith Pai-E M. Siaridard potential io,, teiimtHmrt-f�f-ae�flfr�wttVer-c#iwhuf �s'fte{�4ae�l�BJI-eefxa4N-the-feNf v+e etm4t#-he ettaertecf-ie - ,'.. ,I. ,.. ffom eaeli . r.. e ti (-I-)-1>19l@nee-IE?yelld..U191-fil9P'ih-kirrolV -- Formatted: Bullets and Numbering Site properP, Wunder, avrd4optlgh—tph� iiFNHi1W_e-If'.aa.F� rar.o-• t . Delineated , , , -e . ; . . a, oWl Formatted: Numbered + Leoel: 1 + Numbering Style: 1, 2, 3, _. + Start at: 1 + {3fNiHtlNe-@' L�Ef81i-k^-a<;-ic-rm,v-�cfccHt9ie-PI`ffleh-ih9+flk?Nye '•j`, Alignment: Left Aligned at: 1.5"+Tab after: 1. 1" + 1 +.81" Difeetion-of I#tN4 Formatted: Bullets and Numbering All ml site ..,,, .� .. ..,.. „! , ian . • ` Formatted: Bullets and Numbering B*i4J4i-- ItN{1t+tMti FOlmdtted: Bullets and Numbering kin .,pw WIN ,Il. ., rJ Formatted: Bullets and Numbering +4R AL sin-fil 'pis per- _ Formatted: Bullets and Numbering Formatted: Bullets and Numbering Part II Page 6 of 193 7 Permit No. N6£f&X.N;S000202 C—JT• .I'... . disposal areas, prece! s areas cind leading and unloading areas) (�—f-)1=H+RilkE.`iEI�HtE!!ft'S 44-1-)Fe lsee-ai�et,-f.T• =�1,�; ktFk+;Eteres and per ., g .f mge Hfea TIC HHi4H RFWH!!i (6) Building loeatOFI5 et*th4-!? {�eettd-lrr4>e-Prestwt-+trN> t<µH�wclter-eli=.;ek+lH e: Formatted: Bullets and Numbering , - Formatted: Fort: Bold H. fY"dtiibilitN St ud,. iTcn'••'•c- 4'Ilit'• •I•�ccm-;iIon -.T.r'•kiH?lEi�!`BS!✓3lfi{�-tii-f'i?HH�+H�. pre ..n• expostire RAH10rm'1 iiHfltiiif�'-H�'F.NHARS--&Hci „ia :mom 'm-mcmm.oc�.r^ •n-o.,c6"m.>drr`:.--C •.•••.u�.nv:rc"„r:.,'-idr,•nri�crmm.crn-cc..c�-�—rr. p6"ief3-tkk-' HHleeS Ht-!!ie-femiFiikity-e1=draer i+rg-tie-stx+rrH++ateFtttHafF-ern�lty-4 elii I b. tieec�idHr�-6<IHleinmeHt-SeMeduleReauiretnents-eHd-I2ecetds—A-so4lcv#H1e-te fxeride-�:e�+ui�e<�litaie+ ': '-;•irec�--ki��ti3r-FiHN:itrH':;ee-ek�4iryHicl lriateFtalti-sFOFB'eei+ . tilore!!ge-iH-aiwti�l�HlHt+xls�tlFv;laltet?s-ter{+revert-4eHk�:-BtiJ�{41::-fsr>t» ,n ..'.,. •'n• ,, FuniT , .6n.... •..., ... h t[Iflics.., B eome)anee!:ystem! the-eoHHeekieH-sh!!I!-Fie-afHileHNed-4�y-InermeJ��arkFvated Part 11 Page 7 of 193 7 Permit No. N-kNCS000^_0^_ he-:H-a'.,... . 0itil his hie sheews ? ... ....... ....u.- n .ieds.,...,, .,.,... At�,ed-skI. iiinated-11) the etakiltg-L4t�o�hseR4aitm-the-desertpth+n0 ){=the iterer»ala�Nr-:Etter and the e. 3NIPs ,,.,,,. ,afratk.,. ....:.iief,,hall b ro idej l'BestManagement u—.-,eN .e Maintewameeand PRIg-�,a.,; ^ ffeve+itf4ve . ...:....................:.,.:... .,.f...,............. .............J .J.... ... • Ntese its slM44- -iaeo rated iiito the ,. -gram Rit- igffl , r�,a:-::r;ree skirts-t>♦�He-yeas: d �+r-tears+�)-+esrxxn i hl e�i+r-i rrtryleraenH rw_-tlte-tsai++i i t«-s h ai I-he-iden Fified: »itic�+afr:}+esPerr:"e-1 4ke c++e+.tN "ttfl4evax rttat�c+a-and i Part 11 Page 8 of 103 - 7 Permit No. N4QSO(*XAANCS000202 i EEIRStRiet .., , )N' ' , , r „ , , „ „, L' I. THWA,hHkwtee-FhtN-4t•utititiignf{iew+ t ' P"Iffl 1,. i ti , F,,..:,....�,I -Mtni-n{xixletl-en-xo-ant+nnl-basis=T4ae �resenee�ok=nen-ste4r4nwater-elscxhorues: I t'eb��k+fe-<mee-�Ir+�iOP-tMea-itsF-Mtla-� r•�..,, r�•`r.Var3ek�-<>4+ee<k+r{n*�-kMz activitiesumented-r r•.>tt#++-tktc'�t++xi-kinte-c+4=in..�:r�t;.;.r "4xeF}kiS: ,! •.Ir+�rikkil I. ineomei-ated into the)��5itf F�<i�intitrtm� <i'iYmt, • Men. These ' - feClijiF..I ' ♦ 1 - StOl-RN4'ofe; disc aree-eW, Faewi4ii-monitoring, ", n llart441+is pei lxii shall 4. kx�le4nenkRkiaR=7=be-r>Lwalk�:'�.:o.•"int,''~»�~•�e-N.nr.=Fi>e-k+eRxi}tee-sHttii�li�et+nTeRk pre,, ' A e. , . empees,i , , , !he ialcen to implement RNIPS.it6 I,,'..- r n 'tivilieS. '.. ,. Part II Page 9 of 103 7 Permit No. Pl=5EWf3XXXNCS000202 Pan 11 Page 10 of 103 7 Permit No. AC S0111)_ AXNCS000000 . SECTION B: ANALYTICAL MONITORING REQUIREMENTS Dufing the period �eginnin-, on the el4eutive date 4the POR:nii and lasting witil exFipetianj tile o this permit. Analytical monitoring of stormwater discharges shall be performed as specified belov in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of nineten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The _.,.._•"'ee shall eompk4e44 w A representative storm event is a storm event that rriFaa -L titeaierfhan 0.1 inches of minlall and that is preceded by at least 72 hours in which no s'tdmt event nt'easuring-erecter than 0.1 inches has occurred. A single storm event may contaiii ug f6j 0 consecutive hours of no precipitation. For example. if it rains for 2 hours.k6libut producing am, collectable discharge. and then stops. a sample may be collected if a rain LTdu� a discharge he rins again within the next 10 hours. /� Table 1. Analvtical Monitoring Reaairements Discharge Measurement Frequencyl Sample Sample Characteristics Units Type2 Loeation3 "Total Suspended Solids c.....•s, .. .., quarteriv - Grab SDO mg/L I" year), scmrannually Aluminum m>/1. semi-annual Grab SDO Nlagmestum mJl, semi-annual Gmb SDO Lead me/L semiannual Grab SOO li standard Semisemi-annually Grab SDO Total Rainfall° Rain - inches Serttisemi-`r..,,;w.,-^ -annual Eau c- Footnotes: I Measurement Frequency - :'I\vice per year during a representative storm csenl for each scar until either another pervit is :vweJ, for this tacility or tmtil I Iis cnnit is revokc<I or rescinded. If at the end of this pennittingevele-the Permittee has submitted the appropriate papemork for a Part 11 Page I I of 103 7 - - - Formatted: Superscript Permit No. NC-S0V44SXNCS000202 rental permit betbre the submittal deadline the nemtittee will be considered lbr a renewal application, l'he ,applicant mutt continue semi-annual monai ring until the rencaed permit is issued. See'[ able 2 Ibr schedule of monitoring periods through the end of this permitting cvc1c.44eastoemeni -Requene— '�.;,.,;,,.o:;,ig -. will-MyteN�rmed-kwiee{tet-year,-aqua•"•�." �i^;as{'*_�p_ ."..a .... � r. r _r _..._....,_:..ter....} See=7'nlrle-t frx-sehedulaof-mor unenlig-peviodsr 2 If the stormwater runotT is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 1° ',�„e detention pond diwh fges „r; _ i!!sr to-a-tomi event-eM'eedinWHc�ry�rr> . rratxtnorixg-shall-be-prcloflfled. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 for each sampled representative storm ever local rain esuee reading must be recorded. response. Table 42. Monitoring Schedule for Semi -Annual Parameters(t4lt te-l=here-Wles� - Monitoring period"' Semi — Annual Quarterly Start End .. Sample t_ Sam de Number - Number Year I —Period 1 4. 21 1 AtIRKI , IMIC I, dune-August310. Year I —Period 2 2 dti4y-September I, Deuernbei Year I — Period 3 — 3 December 1. 2009 Pebruar- 28, 2010 Year I — Period 4 4 March I. 2010 Mav 31.2010 Year 2 — Period 1 3 ..UHHUB.IUne 1, deneNoeember 30. Year 2 — Period 2 4 Ji"Deccmbei 1. DeeernE>ei3FMaa Year 3— Period 1 5 June 1.2011 .= November30. Pan 11 Page 12 of 193 7 I i --- Formatted Table t Permit No. NGSO,,0X-N-XNI,SO00207, I Ycar 3 — Pcriod 2 6 December 1. Mav 31. Year 4 —Period 1 7 June 1.2012dantEar+ November 30. Year 4— Period 2 S December I May 3I- Year 5 — Period 1 9 June I, 2013 v November 31). Ycar 5 — Period 2 10 Decemher I. Muv 31 Footnotes: I Maintain selnl-aanual monitorinC during permit renewal process. The applicant mast Continue Selmanlloal - -' Formatted: Bullets and Numbering monitorin¢ until the renewed pennit is issued 2 If no discharge occurs during the -sampling period. the permittee must submit a momtorinQ repo rt indicating "No F'loty' %0thin 30 days of the end ofthe six-month sampling Period Seam riod1 Sampte-Number' ., S,.ttIW4 6114 Yeaf ITS"FfiRzr=1l }' sue'-a�—.`.' ;.� 2 .'A„r Year 2 rail 2j l� �L,c�=-r, i1iENeH16GY--�1Fi: v Sp - -5�6 jApAl 1,tg4U��.jun. an 20 1 a ne 30 rllkff 5 Wall A d..,.__.t.,_.I ,nnn,nl `jaNeember-3r. The permittee shall report th nalvOc results from the first sample with valid results within the molli[oi i ioil. 'fhc 1 '.r rail n>mnarc monitoring 6wnmxe5- +-ti41tt«rtlxiasrmi-nnmtafrtuxtitadng-elarir-prrnttt-renewvat prtrec;+: t —IFmnW11e{rrs-ample-areprx_+rntati+e S ,I Inent-prior-lu N"rrmher--01 '0 ,, ma b4 m sampling seheduk the A' mg g Moni"Jrtn results eMrl!-becea d-to the benchmark values in Table 3. '['he benchmark values in Table 3 are not permit limits but should be used as guidelines for the permitter s Stomiwater Pollution Prevention Plan (SI'PP). Fscecdences of benchmark values require the nennittec to increase moniturinl_. increase management actions, increase record keeping. and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of fier One and Ticr'i'wo Part 11 Page 13 of 103 7 Permit No. r�SOOOXX�I;NCS000202 Tahlr A. Rrnrhmark Valnrc fnr Analvtiral Mnnitnrino Discharge Characteristics Units Benchmark TOUII Suspended Solids mg/I. 100 Aluminum tnL/1_ 0.75 Nlaenesium nib 32 Lead me/L 0.03 PH standard 6-9 /r'Vet¢=Rrrr+ovr-larrguVe below tf a TAIDI is-�p1Viettb& f Part II Page 14 of 193 7 Permit No. NC:°^�., iOXv lNCS000202 Total-lalasimam-13ei1+-E�cred{-!-AIF)6)-isappt�oved-tot-Ehisiegmeett-<>��WeterF+tad�,kame�: Ehe feyd4t''to Ihr{3i�..•ur.._n.. .. -'l.,n ... .ni ponsid"l-th- mimitoringis' RiwEiFRURI extent praiaiiaible. e C.submit a — timetable —mom EiHa-k+eventiEm-Watt. Tier One If: The first valid sampling results are above a benchmark vat ie noutside of the benchmark ranie. for anv sarameter at anv outfall: n Then: The permittec shall: I. Conduct a stormwater management inspection of the.facilily within two weeks of receiving- v sampling results. 2. Identity and evaluate ossibfe causes oft a enchma k value exceedence. 3. Identify potential. and select the s _ccifi : urea controls. operational controls. or plivsical improvements to reduce concentratIt J ioils of the parameters ofconcern, or to brin<t concentrations to within the•beochma k'ranec. N v 4. Im Iement the selected actiti'os within two months of the inspection. iWv 5. Record cash instance of a "tier Onc response in the Swnnwater Pollution Prevention Plan. , Include the dote and valua.ul'hc benchmark exceedence, the inspection date, the personnel conducting the inspection. the selected actions, and the date the selected actions were implemented. I Tier Two If: During the lerm ofthis permit. the first slid sampling results are above the benchmark values. or outside of the benchmark ranee f'or anv specific parameter at a specific discharce outfall two times in a roe(consecutive): Part II Page 15 of 143 7 Formatted: Bullets and Numbering Permit No NCS0g0X-X� NCSn(10202 I. Repeat all the required actions outlined above in Tier One. Formatted: aulletsand Numbering 2. Immediately institute monthly monitoring for all parameters at every outlall where a sampling result excecded the benchmark value f'or ttyo consecutive samples. Monthly (anaktical and qualitative) monitoring shall continue until three consecutive sample results i are below the benchmark values. or within the benchmark ranee. for all parameters at that outlall. 3. If no discharge occurs during the sampling period. the permitter is required to submit a During the term of this permit. if the valid sampli�ul(, ,requited for the_pcnoit monitoring periods exceed the benchmark value. or areroutsiae the benchmark ranee. for any specif c —� parameter at any specific outlallummore than four occasions, the nennittee shall noti h the DWO; Regional Office Su enlisor in whkin within 0 days of receipt ofthe fourth anahtical results. DWQ may, but is not limited to: • Ibre7uire that the 0e1 LIEittee incr or decrease the monitoring 1'reuuencv for the remainder of the per • require the permitteey to•install structural shxmwatcr controls; • require the permittee to implement other stormwatcr control measures or • require that the permittee implement site modifications to qualify for the No Exposure I iNclusion. i / VHte=Het+eoHeAvawrxee�helr�«-iFtt-TdIF/)L--errant-rmnfienhlrf This site discharges to impaired eaters eeperiencinu problems with Fpr<rbtent pf±;fnt-turbidia'. If a Total Maximum Dailv Load (TbIDL) is approved for this segment of North Toc R ivcrlWaterlWv . pet. the permittee may be required to monitor for the P011manl(s) of concern in the furore and submit results to the Division of Water Quality. The Division will } consider the monitorim, results in determining whether additional 13MPs are needed to control the pollutants) ofameern to the maximum extent practicable Ifadditional 13M1's are needed to achieve the required level of control, the permittee will be required to ( I ) develop a stratcev for implementing appropriate 13MPs. and (2) submit a timetable Rtr incorporation of those 131MPs into the permitted Stormwater Pollution Prevention Plan. 1 Pan 11 Page 16 of 103 ' 7 Formatted: Bullets antl Numbenng Permit No. NGSPu(AA'XNCS000202 . - Formatted; Font: Not Bold evaIuatina the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. twnteFnt+tfa.;. menttt>t�in� is-for-the-purpose-e>k-evaluating�heelaget+s�enass oftlte-Stormwater-PolItit ion In the event an atypical condition is noted at a stormwater discharge outfall, the P,t.,n,t.' e• nermittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the P: - end in-; larSPPP. Part II Page 17 of 103 7 Permit No. NQV)L XNCS000202 T,Ih I. 1 On-Aif:Jivr \Inniln rino Rrnuirem an rc Discharge Characteristics Freauencvl Monitoring Lllcation2 Color semi-annual SDO Odor semi-annual SDO Claritv semi-annual SDO Floating Solids semi-annual SDO Sus endecl Solids semi anoual SDO Foam semi-annual SDO OilSheen semi-annual SDO/j Ii;rosion or dchosition at the semi-annual SI)Q„ \ I outt-all Othcr obvious indicators semi-annual J �SDO of storm pollution n:..�r�ehaige ChOFfieterrif es Frequeney Mefflt"'f*9 %oeatlenk C=k�r �vl SDO F)dE» _� S{3F3 tJ}a+ity //.?�enti--att�natt{ly r/\ ef,•..,-am„vRN••ifv S444 kki Su" ('venti aunuaHv SDO -urtrtnel4y F DO k)um Set..,-unRualk. SOO Other-obykx�r: o-if-sk*R+"44 SerNl-at xtal4y SOO 9 Footnotes: I_ Nleasuremem Preauencv-AI4Twiceinoaia<rrk,a.:i.lo�,�rNrFured-taaT+irnes our vear during a representative storm even) foreach vear tmtil either another permit is issued for this faciliu• or until this permit is revoked or rescinded. Ifat the end ofthis pemrilling cvele: the oermittee has submitted the appropriate pmlen ork l tr a rene,+ul permit bet -ore the submittal deadline. the nermittee will be considered for a reneratl application The applicant must continue semi-annuotl monitoring until the renewed permit is issued. See Table 2 Ibr schedule of monitoring pCTIO(k thrnueh the end of this pennittiiig cycle, '- Monitoring Lucatiow Qualitative ntomtorin se hall be performed at each nurmwater discharge: ouuallLSD(j) regardless of representative ontlell status Moff .ha Ile .. - b�aufu�FX-1) ragardteas.ofrepre.eniouw outlet stales- Part 11 Page 18 of 103 7 Permit No. N6S0"0XAXNCS00020 SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitorimfl shall be perlixmed during a representative storm event. Tahlr i Anatvrir,t M17nnitnrin.r Rnnuirnmwnrc fnr nn_C:ru vuhi..lu r............ Discharge Characteristics Units Measurement Sample Type2 Sample Location3 Fre uenevi Ali standard semi-annual Grab SDO Oil and Grease m I /ram se' I -annual,\ �/GIab SDO Total Sus ended Solids m!ll semi-� nual � Grab SDO Total Rainfalls inches ,se i anmiial Rain eau �c \'cwMotorOil Usa�c gallons/month s'semi-anfival Bsumatc I 3 Sample Location_ Samples shall be collected at each stormwater discharge uuliidl (SDO) that discharges stormwater nmoff from area(s) where vehicle maintenance activities occur. 4 for each sampled reprexmative storm event the total precipitation must be recorded An on -site or local man auge reading must be recorded. 1 runoff=tronr-v .'.. ;n.,;,rna;.ec are ;. '''''rpelarriuee-shall-complete-the minimum nineten analytical samplings iH HeeoFjanee with the sehedule speoified in Table 2 (Seetion 13). P loonwFirtt i-esults shall be compared to the benchmark -,it es in Tnble 6 in T-131 , 6 aR, , not permit limits but should be used its guidelines m ' .. . • reV+comanninaiien.. Part II Page 19 of 1103 7 Permit No. ;'-kNCS000202 I Diseharge Chorneteristies units Measuremeat tFA4 Sample 2 Sample ' {,geptjpp3 standa+d SemiinnuaIIN C-;rab SoA EK se Sern�*^a^*ua*" 6ieab Soo t Srrl+ds I'.* Gfab SBA v, .\uv l,, ;i•`'o\rl-,��-,a�� HfltiT Semi amuallrL 1,,,�c _ .4akR-a>, lWI inelies Senti-annctally - - Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the I)ermittcc's Stumiwater Pollution Prevention Plan (SPPP) Hsceedences ofbenchmark values require the permittce to increase monitoring increase management actions increase record keeping and/or install stonmvater [lest Management Practices (BMPs). as provided in Part II Section 13. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring `( Discharge Characteristics Units Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Pan I I Page 20 of 193 7 Permit No- NCS(44)4X-XNCS000'_02 : PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMIT'S SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule. Existing Facilities already operating but applvina for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. J/n Proposrd-New Facilities applying Igrcovem c for the tr'st ti :i t e istin�facil ities preciously Permitted and applying for rcncwnl under lhic permit: The Stor llutiomPmvention Plan shall be developed and implemented prior to the beginning of discharges from theoperation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, a�.a specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to,the beginning of discharges from the operation of the industrial activity. \/ Duly to Comply The permittee must comply with ell conditibna of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and issuane jPoi modification; or denial of a permit upon renewal application. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Acl for tonic 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. The,C'Ica t Water Act pravidcs that an�,p,arsnn wlto vinhnes a permit condition is suhkct to a civil _ - Formatted: Font: 10 pt penally not to eccq S_5 000 per day for each violation A nv_piaon who neoigentiv violates a n permit-cundmon Is m1bJect to uruninal penaltes of $? x00 to 25,00.0 per day ot,violat_on, or imprisonment for not more than I year, or both,Ai% person who knowingly violates penn_I conditions is subiaci to criminal penalties of $5 000 In $50 0110 per day of violation, or iinprisonnreot Ior nut nmre than 3 %errs- or bosh AIaI-an, Perron who v'I lutes: oarmit condition mmv be assessed kill adminiar me nenalty not to eececd $10 000 per violation with the maxinnm amount not to exceed $125,000 Iltel` Section 309 of the Federal Act 33 USC 131 o kind 40 CFR violation-ortimprlu t-lutne eon wh,-knommgly-violates permit coud n"n- aim nall-fxniallirs oF55:Ur 1-te-'Ss0fl0r}per-day-efl�iolnlioq-rrr imprisonrneel�er�ot-narwhal}=trots-arlvuh.—A3vrrrnv-perms+u-who-.iulatesarprmrit-eonJit(on i raw-heassesscal rut-tidnunrstrat+s`Lx ponalty nottoexceed $11,0110 Per s rolation-.4h themaxinxxn ' umeuatftul-teetcee�}I :k7-�0(�(Iirl'FSeeta<�r>-30f7-o t'{hr-prderal-,\r't-i3-t-5�# :*{.V.errd.11,1.1;ItfF 1a' aua3i Part III Page I of 8 d. Permit No. NCS090k-kNNC:S000202 Under state law, n daily civil penalty of not more than ten thousand dollars f510,0001 Per violation _ _ --1 Formatted: Font: 10 at )t cony be assessed against anN ocrson who violates or tails to act in accordance with the terms coudiuons or renulrcmcnu of a permit [Ref NC Cencral Statutes 143 215 6ALaadcnl} i t pexelty-ell-rxaFmPre-[haniMiart4y-1 i co-tkxxnanddollar.F52::k>Oki}{ier-r-ialetionmev-ben.aKsud against-ary-period-wiioiedatesor-tatlsto arl-inatca0FChm amOil $tr 10Rn, conditioas-.or requirements ofy permit—[ReFrNorth C-arolina-Geiieml Staoner14331-SF>A J . ,Anv Person mac be assessed an adminisirmive Penalty by the Director for violating section 301 _ _ - formatted: Font: 10 pt 302306307 303 318 or 405 of the Act or an, germ it condition or limitation imulemcmi n^_ any o f such sect ions in a Penn it issued under section 402 ofthe Act. Ad inintstrati veporiallics Ior Chss I vinlulions are not to exceed $'IU 000 Per violation with the maximum amoum otam' Class I penalty assessed net to exceed 325.000. Pe whirs for Class 11 violations are not to exceed S r�i 1P p.g day fur each day durioq,lshwh Ih4 Kap�,rynon ominucb ssidt the maximum amnunOod_ anv Class 11 oenalto not to exceed 3 Ci.000-NFV -oerwu i... k d HI Part I I I Page 2 of 8 Permit No. r('ti9tY14a KCS000202 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part 111, Section C of this permit regarding bypassing of storriwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143- 215.6C 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. 5. Oil and Hazardous Substance Liabilitv //n Nothing in this individual permit shall be construed to preclude theinstitution of any legal action or relieve the pernittee from any responsibilities, liabilities, or pdt uttice�s to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the FoderaNct, 33 USC 1321. �v6. Property Rights The issuance of this individual permit does rib co�aoy property rights in either real or personal property, or any exclusive privileges, nor does it,authoflze any injury to private property or any invasion of personal rights, nor any infringement of FAeral(Statc or local laws or regulations. T Sevembility The provisions of this ind ilua�rtn� severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other cimstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit The permittee shall also famish to the Director upon request, copies of records required to be kept by this individual permit. 9. 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 individual 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 i conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports Part III Page 3 of 8 Permit No. NC-S004XAXNCS000202 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 individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Excitation The pennittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the pennittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permitter that has not requested renewal at least I80 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested r&w ghat least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153 6 anS'33 USC 1251 et. seq. I Transfers ^ This permit is not transferable to any person excepPaftnotice to and approval by the Director. The Director may require modification or revocation an17 �rei �uan gee of the permit to change the name and _ incorporate such other requirements as may�6e n raessarrider the Clean Water Act. .I'hc Permittee is _ _ Formatted: Font Bold, Font mloc Auto require) to notify the Division in writing,m thefevent the permitted facility is sold or closed. Formatted: Font: Bold �v Signatory Requirements All applications, reports, or /inform�ubmitted to the Director shall be signed and certified. a. All applications t�'be covered under this individual permit shall be signed as follows ._____._______________.__________________-___-_-__-_______________. Formatted: Font lO pt (I ) In the cast of a nx r�rt-ilon: bra rn ineipnl executive offcer of at least the Iry el of-, ipe- pr i lent„ fir his J{ilv tnrthonr d rcprLtior- v it'sueh retire gnf.ltivr is responsible for the overall operation ofilie facil itv from ,hich die discharge described in the permit application Iona originates; (2) In the case of a oarmershlp or limited partnership: by if seneml partner; (1) In the cast ula sole nronrietorshiw the proprietor UI In the cane ofa niunaupall slate. or o{hcsulthe enuty: by a principal executive oflietr. rankinu elected of or other duh authorized employee. (Ij Ior�-eo(xmttiwt�b�u-resp++r+sihlec�rrpuwte�+FFeer—fe,r-Flit{+urlr3s-r eAhis�Seutienzt Fes(*rnsible-ccxlwruteoFfiuer-nieuns-(u1-n-president-srereturrtrrusercFtrr-.i<rprrsidrnt ottheaorpt+mt+wo-avohardcei a p6ncipal0xrsinestin+t<IK q or<wy athur-IwrtiErn-who {lerR+euo-sinsilaF policy-asFJeeisieninbkfew-4anetions-R>i-threerpexxtiwt:+r-f Nihe flat nager al'awe or fill rcflit mufuvturinb pn+dueFi'm of o asebng f rtiIitlrs emPIovIng-f ore Jwii-2-Sit�erwns-or-having-gross anmel- lex far exgrr:t4lwre+ex<xeJing million Iin Seen emirl:i T.,.J., In flcyi d .. - ri- a.... ._ deWeaterFtcNA�ntnmtwv-it i-acci^.rd^anc,-svath-earFp.+Fatcryrt+<edt+re (3)--hlr�rptaaier>Ixil.+>cale-ryropr-iWvrsltih'�"-� a2icv84-eirFeHhee{wq>rietor_ FeSpee i' el) ';-++F Part III Page 4 of 8 J Permit No. NQSPUA X,' NCS 00202 <dalew-or-rankine-elected official- _ _ - b. All reports required by the individual permit and other information requested by the Director 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- s named position.);rand (3) The written authorization is c. Any person signing a document under paragraphs isor b..of this section shall make the following certification: \Y "I certify, under penalty of law, thatVis do`cumimt and all attachments were prepared under my direction or supervision in accordance wilh.a•system designed to assure that qualified personnel - properly gather and oQuate the Rformation submitted. Based on my inquiry of the person or persons who manage th`systcm;,or those persons directly responsible for gathering the information, the infannation)submitted is, to the best of my knowledge and belief, time, accurate, and complete. I am aware that there are signiticant penalties for submitting false information, �i including the possibility of fines and imprisonment for knowing violations." I A? 'fhe issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual 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. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. 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 individual 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 this individual permit. PartIII Page 5 of 8 Permit No. rN('S;OOOX� XNCS00020'_ 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 individual permit 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director 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; and It. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of slormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backuPcontrols should have been installed in . the exercise of reasonable engineering judgmen[,fo prevenfa bypass,which occurred during normal periods of equipment downtime or preventive maiainteten 'a c, The permittee submitted notices as required under, Part III, Section E of this permit ' /�. If the Director determines that it will meet the three condnions fisted above, the Director may approve an anticipated bypass after considering its adverse effect-'\ SECTION D: J1tative ORINC AND DS ORL/ I. Representative Sampling \\\/\ � Samples collected and measuremens ta tken, as required herein, shall be characteristic ofthe volume and nature of the permitted discharge. alylical sampling shall be performed during a representative storm event. Samples shall be taken on ily and time that is characteristic of the discharge. All samples shall be taken before the dischargeoins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the pennitlee shall record the following information: a. 'I'he date, exact place, and time of sampling, measurements, inspection or maintenance activity; It, The individuals) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and If The results of such analyses. j 3. Flow Measurements Part III Page 6 of 8 Permit No. +1l=SAFN XNCS000_0'_ Where required, 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. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 etseq, 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 individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 5. Representative Outfall //////�� If a facility has multiple discharge locations with substahltally)ia nti.Psto4ater discharges that are required to be sampled, the permittee may petition the DrM or for representative outfall status. If it is established that the slormwaler discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and'records.msinmined at the facility along with the Stormwater Pollution Prevention Plan. Copiesof analyt`al monitoring results shall also be maintained on -site. The i permitlee shall retain records of all monnoring,information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or apppl]ication. ''Nid(period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, 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 individual permit; b. Have access to and copy, at reasonable limes, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS i 1. Discharge Monitoring Reports Part III Page 7 of 8 2. 3. 4. Gf 6. Permit No. NESOuOX7.NNCS00020 Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Reportt I)MIR l forms provided by the Director. Submittals shall be reverved bydelirered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the penninee is required to he Rcmaiuce shall record the required qualitatisc moniturina ohserva ions on the SDO Qualitative _ _ a_ - Formatted: font: 10 pt Ionioring Report 1 OMR) norm provided hethe Dimon and shall retain the completed Gums on site. Formatted: Normal, Indent: Lek: 0.5", Lire O alit: Live monitoring results should not be'Uhmiued to the Division except upon DW _Ys specific spacing: At least 12 pt, Tab stops: 0.5", Left+ requirement to do soy 1", Left + 1.5", Left+ 2", Left + 2.5", Left+ _______________________ _ _ - 3", Lek + 3.5", Left + 4", Lek + 4.5", left + 5", Lek + 5.5", Left + 6", Lek Submitting Reports Formatted: Font: Toes New Roman, 10 pt Duplicate signed copies of all reports required herein, shall be,aubmitted to the following address: '1 v Division of Water Quality Surface WatetProratiidn Section ATTEN'PIONdCenttnrl Files ' 1617 Mail Serv, iAenter Rafe\orth C�rolir�ia 27699-1617 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 prepar-4in accordance with the terms shall be available for public inspection at the offices of the Divis o `of Water Quality. As required by the Act, analytical 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 143-215.6B or in Section 309 of the Federal Act Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwaler discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Chances The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). Anlicinated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 7. Bypass Part III Page 8 of 8 Permit No. NGSOu0k-X-XNCS000'_02 a. 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 t the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting 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 pemtittee 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 noncompl tam e, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; anff d steps taken or plamnned to reduce, eliminate, and prevent reoccurrence of the noncompliance. �-� The Director may waive the written report on o case-by-case•basis if the oral report has been received within 24 hours. f 9. Other Noncomoliance The permittee shall report all instances o_ f noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted\ 10. Other Information Where the permittee becomes awaredha[ a failed to submit any relevant facts in an application for an individual permit or in auy eport to the Director, it shall promptly submit such facts or information. PartI I I Page 9 of 8 nv cn_,nvc�NCS00020' PART IV LIMITATIONS RF,OPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragrap/tishall also containr any other requirements in the Act then applicable. �1 ^\// PART' V ADMINIS'I'ERINGAND CU61V VA\CE MONITORING FEE The permittee must pay the administering and compliance inonifbring fee within 30 (thirty) days after being billed by the Division. failure to pay the fee in timely marnier in accordance with I5A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the.Indivi lual Permit. PARR�� DEFINITIONS I. Act Sec Clean Water Act. 2, Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. i 3.. Allowable Nun-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are. (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant (lashings, water from footing drains, Flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Rest Management Practices (DMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Pate IV, V and VI Page I of 5 Permit No. NCSO KA"XXNCSO0.0,202, 5. Bypass A bypass is the known diversion of stormwater from any portion of a stonnwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Cleat (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWD J The Division of Water Quality, Department of En4mm/mmlent\and Natural Resources. 9. Director // / The Director of the Division of,Wmer,Qualitv' the.penni� g authority. 10. EMC The North Carolina Envirron�mental//"tinagement Commission. 11. Grab Sample L `,-_o/ An individual sample collected instantaneously, Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 11 Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. I 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No Exposure A condition ofnn exposure means that all industrial materials and activities are p-notected by a stone - resistant shelter or acceptable storaac containers to prevent exposure to rain snow, sno++melt or runoff Industrial materials or activities include but are not limited to, maternal hurdling equipment or activities Part V I Page 2 of 5 Pages Permit No. N6SGKQV-XNNCS000202 ' industrial nach'teryraw materials, intermediate product,bv-produce final products or wste products. DWQ may gr u a No Exposure Exclusion from NPDFS Siornovater Permitting reouirements only it'a F, cility complies with the terns and conditions described in 40 CFR 6I22.26(g). 156, Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. I4517. Perniltee The owner or operator issued a permit pursuant to this individual permit. 4718. Point Source Discharge of Stormwater 1j1/�j Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, , channel, tunnel, conduit, well, or discrete fissure from whidi5tormwater is or may be discharged to waters v ` of the state. \vj i 4919. Representative Storm Event A stone event that measures greater than 0.1 inches ofrainfall and that is preceded by at least 72 hours in which no storm event measuring greater -than 0.1� ches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if�frains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 2014. Representative Outfall Status When it is established that the discharge of stonnwater runoff from a single coital is representative of the discharges at multiple outfalls, the DWQ may grant representative oulfall status. Representative outfall status allows the peranatee to perform analytical monitoring at a reduced number of outfalls. 2021. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse , waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 224. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour stone event. , 232, Section 313 Water Priority Chemical , A chemical or chemical category which a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986, b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and PartV I Page 3 of 5 Pages Permit No. ;k.V)1,.'O'.-v.,A'-kNCS000'_0^_ C. That meet, at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on o4her-Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 243. Severe Property Damage Means substantial physical damage to property, damage to the oontro>�acilities which causes them to become inoperable, or substantial and permanent loss of t eturaresources which can reasonably be expected to occur in the absence of a bypass. Severe property,da�mage does"not mean economic loss caused by delays in production. 254- Significant Materials Includes, but is not limited to: raw materials; fuel ; at rials.such as solvents, detergents, and plastic pellets; finished materials such as metallic productsrrawr Qerials used in food processing or production; hazardous substances designated under section 161(14j of CERCLA; any chemical the facility is required to report pursuant to section 313.of Tide,111 of SARA, fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential twbe.` released with stormwater discharges. 26i Significant Spills v Includes, but is not limited : releases of oil or hazardous substances in excess of reportable quantities under section 311 of the CleamWdter Act (Ref: 40 CFR 110, 10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302A)� 2,627. Stormwater Runoff r The Flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt 287 Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities' include those activities defined in 40 CFR 12226(bH 14), The tern does not include discharges from facilities or activities excluded from the NPDES program. Stormwater Pollution Prevention Plan i A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. =u30. Ten Year Design Storm PartVI Page 4 of 5 Pages Permit No. N0'0a4, kNCSO(j02'02 The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 310. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total Flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. i 3432. Total Maximum Daily Load (TMDL) i A TMDL is a calculation of the maximum amount of a pollutant that a•waterbody can receive and still meet water quality standards, and an allocation of that amun ot to tligpollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary t o reducce,poManl loads in a certain body of water to restore and maintain water quality standards in all season's. Th'e Clean Water Act, Ssection 303, establishes ' the water quality standards and TMDL progrems.� p 33_. Toxic Pollutant Any pollutant listed as toxic under Section 307 a)(I) of the Clean Water Act. , 4331. Unset Means an exceptional infm�mwhich [here is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the perrmittee. An upset does not include noncompliance to the extent caused by operational eror, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. i 354. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 305. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 376. 25-year. 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years Part VI Page 5 of 5 Pages NCS000202 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM U In compliance with the provisions of North CarolinAGenera Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental i \\ Management Commission, and the Federal Water Po Management on Control Act, as amended, United StatesrG,ypsu,'m Company is hereby authorized to discharge'stormwater from a facility located at 2,A11apass Highway Spruce Pine, NC Mitchell County to receiving waters designated as North Toe River, a class C; Tr stream in the French Broad River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. . Note. Draft Permit Dates are Approximate This permit shall become effective [.lanuary 1, 2009]. This permit and the authorization to discharge shall expire at midnight on [December 31, 2013]. Signed this day [December 29, 2008]. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000202 PART Section A: Section B: Section C: PART 11 Section A: Section B: Section C: Section D: PART III TABLE OF CONTENTS INTRODUCTION Individual Permit Coverage Permitted Activities Locatior MONITOR] DISCHARC Stormw� Analytic Qualitat On -Site PERMITTED STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability I. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers n Permit No. NCS000202 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Faciliti Section D: Monitoring and Records I. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and,E try> Section E: Reporting Reuiiremenis 1. Discharge,Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS Permit No. NCS000202 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOI form,to the Division; must receive approval by the Division; must maintain no exposure conditions,unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for,the NoExposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified stormwater to the surface adequately treated and m: permit. All stormwater di he permittee is authorized to discharge it separate storm sewer system that has been the terns and conditions of this individual ance with the conditions of this permit Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed'by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part 11 Page I of 10 SECTION C: LOCATION MAP Permit No. NCS000202 NCS000202 n N 7 1 j1�� \. l Map Scale 1,20,000 United States Gypsum Co Lat tude: 350 53' 12" N Longitude: 820 4' 40" W County: Mtchell Recemng Stream: North Toe River Stream Class: C; Tr Sub-bagn: 04-03-06 (Frerch Broad River Badn) Irw�Z '�'Vn% A Facility Location Part 11 Page 2 of 10 Pcnnit No. NCS000202 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part Ill, Standard Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to"contiribute to contamination of stormwater discharges. The site plan shall contain tt e following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facilityls location in relation to transportation routes and surface waters, the nam of�th receiving water(s) to which the stormwater outfall(s) discharges, o/if the discharge is to a municipal separate storm sewer system, the nam fof the municipality and the ultimate receiving waters, and accurate latitude`and longitude of the point(s) of discharge. The general location -map (or alternatively the site map) shall identify whether each receiving water is impaired (bn the state's 303(d) list of impaired waters) or is located in a wate shed for which a TMDL has been established, and what the parameter(s) of concern/are. North Carolina's 303(d) List can be found here: http://h2o.ehr:state:iie.us/tmdl/General 303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.ne.us/tmdl/TMDL list.htm#Final TMDLs. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. Part II Page 3 of 10 Permit No. NCS000202 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A'review of the technical and' conomic feasibility of changing the methods of operations and/or storage practicesto-eliminate or reduce exposure of materials and processes to stormwater- Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwatermnnagement plan shall document the feasibility of diverting the rmwa, ter runoff away from areas of potential contamination. (b) Secondary Contain ent Zeq(irements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of'the Supeefund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to preventvleaks-and spills from contaminating stormwater runoff. A table or summary of such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Part II Page 4 of 10 Permit No. NCS000202 Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping -Prog am. Apreventative maintenance and good housekeeping prograghall,be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity -areas (including material storage areas, material handling areas, disposal areas process areas loading and unloading areas, and haul roads), all drainage features and structures and xisting structural BMPs. The program shall establish schedules of inspections, —maintenance, and housekeeping activities of stormwater control systems,,as well as facility equipment, facility areas, and facility systems that present a potential f�stormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program: Timely compliance with the established schedules for inspections, maintenance and housekeeping shall be recorded in writing and maintained in the SPPP. i%v Employee Training. 'Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training . shall be documented by the signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the Part II Page 5 of 10 Permit No. NCS000202 effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. Facility Inspections. Inspections of the facility and all stornnwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the .year (January to June), and once during the second half (July to December), with at leas060 days separating inspection dates (unless performed more frequently than semi-annually..) These facility inspections are different from, and in addition to, the storm>_water discharge characteristic monitoring required in Part II B and C of this permit. U Implementation. The permittee shall shall include documentation of all in activities, and training provided to e of actions taken to implement BMPs vehicle maintenance actin five years and made avail immediately upon reques Implementation of the Plan measurements, inspections, maintenance ;including the log of the sampling data and -d with the industrial activities, including oration shall be kept on -site for a period of or the Director's authorized representative Part 11 Page 6 of 10 Permit No. NCS000202 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Table 1. Analytical Monitoring Req Discharge Measurement Frequencyl Sample Sample Characteristics Units Type2 Location3 Total Suspended Solids m 6 /1 �qA fterly(1- year), emi=annual sALsemi-annual Grab SDO Aluminum m _>/L A� / Grab SDO Magnesium m >/L'-\ � emi-annual Grab SDO Lead im /I\ semi-annual Grab SDO H standard, semi-annual Grab SDO Total Rainfal14 inch/s semi-annual Rain Gauge Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part 11 Page 7 of 10 Permit No. NCS000202 The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule for Semi -Annual Parameters r 2 Monitoring period" Semi— Annual Sample Number Quarterly Sample Number Start End Year 1 — Period 1 1 I January 1, 2009 March 31, 2009 Year 1 — Period 2 2 April,],, 2009 June 30, 2009 Year I — Period 3 2 3 Auly<i,, 2009 7 September 30, 2009 Year 1 — Period 4 4 October '1\2009�1 December 31, 2009 Year 2 —Period 1 3 January I, 2010 June 30, 2010 Year 2 — Period 2 4 July J'�2010 December 31, 2010 Year 3 — Period 1 5 I,January 1, 201 1 June 30, 2011 Year 3 — Period 2 6 )July 1, 2011 December 31, 2011 Year 4 —Period 1 7 1,/January 1, 2012 June 30, 2012 Year 4 — Period 2 8 �, July I, 2012 December 31, 2012 Year 5 —Period 1 9 i January 1, 2013 June 30, 2012 Year 5 — Period 2 10� July I, 2013 October 31, 2013 hootnotes: I Maintain semi-annual monitoring during,pennit renewal process. The applicant must continue semi-annual monitoring until the renewediperinit is iissued. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. A{�a( 'ZoI The permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install storrnwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Pan 11 Page 8 of 10 Permit No. NCS000202 Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids mg/L 100 Aluminum ❑ig/L 0.75 Magnesium ing/L 32 Lead mg/L 0.03 pH standard 6-9 Part 11 Page 9 of 10 Pennit No. NCS000202 During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may, but is not limited to: • require that.the permittee increase or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications for the No Exposure Exclusion. This site discharges to impaired waters experii Maximum Daily Load (TMDL) is approved for may be required to monitor for the pollutant(s), Division of Water Quality. The Division willfc whether additional BMPs are needed tol con`trol extent practicable. lems with turbidity. If a Total nt%of North 'foe River, the permittee in the future and submit results to the monitoring results in determining it(s) of concern to the maximum If additional BMPs are needed to'acFiieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part 11 Page 11 of 10 Permit No. NCS000202 Tier One If. The first valid sampling results are above a benchmark value, or outside of the benchmark for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in thc'Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two If: During the term of this permit the first valid sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for all parameters at that outfall. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part 11 Page 10 of 10 Permit No. NCS000202 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements] <ne Discharge Characteristics Frequency] Monitoring Location2 Color semi-annual = \SDO Odor semi-annual , \\\-SDO Clarity semi-annual SDO Floating Solids / isemi;annualr SDO Suspended Solids \semi annual SDO Foam annu 1 SDO Oil Sheen //,semi semi annual SDO Erosion or deposition at the (�mi-annual SDO outfall Other obvious indicators semi-annual SDO of stormwater pollution Footnotes 9 t Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance Part 11 Page 12 of 10 Permit No. NCS000202 areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Frequency] Sample Type2 Sample Location3 H standard semi-annual Grab SDO Oil and Grease mg/1 semi-annual Grab SDO Total Suspended Solids mg/1 semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain au e New Motor Oil Usage gallons/month / semi-annual// Estimate Footnotes: I Measurement Frequency: Twice per year during a represent permit is issued for this facility or until this permit is revoke the permittee has submitted the appropriate paperwork for a permittee will be considered for a renewal application. The: until the renewed permit is issued. See Table 2 for schedule permitting cycle. 2 If the stormwater runoff is controlled by a pond shall be collected within the fir9t30 3 Sample Location: Samples shall be stormwater runoff from area(s) whe 4 For each sampled reps gauge reading must be !nt,.for each year until either another ,I flat the end of this permitting cycle t before the submittal deadline, the continue semi-annual monitoring periods through the end of this t pond a grab sample of the discharge from the from the pond. water discharge outfall (SDO) that discharges activities occur. the total precipitation must be recorded. An on -site or local rain Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part 11 Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part II Page 13 of 10 Permit No. NCS000202 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The pennittee shall comply with Limitations and Controls specified for stonnwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within.12 months of the effective date of the initial permit issuance. N/ New Facilities applying for coverage for the first time applying for renewal under this permit: The Storntwat implemented prior to the beginning of discharges from updated thereafter on an annual basis. Secondary cone 2(b) of this permit shall be accomplished prior to,the•1 industrial activity. 2. Duty to Comply .facilities previously permitted and Prevention Plan shall be developed and to of the industrial activity and be specified in Part 11, Section A, Paragraph discharges from the operation of the The permittce must comply with all`conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Acband is grounds for enforcement action; for permit termination, revocation and reissuane, or modification; or denial of a permit upon renewal application. a. The permittee shall comply,xvith standards or prohibitions established under section 307(a) of the I IV 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. 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 pennit 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 55,000 to 550,000 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 S 10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] 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: NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed Part I II Page I of 8 Permit No. NCS000202 3. H $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. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143- 215.6C 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 responsibilliity for effective compliance may be temporarily suspended. f/� �\ `;/ Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to pfeclude,the institution of any legal action or relieve the pennittee from any responsibilities, liabilities %pcnalties to which the pertniltee is or may be subject to under NCGS 143-215.75 et seq. or Section" I I of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual property, or any exclusive priv personal rights, nor any info' 7. Severability convey any property rights in either real or personal it authorize any injury to private property or any invasion of I, State or local laws or regulations. The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 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 individual 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 that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part III Page 2 of 8 Perot No. NCS000202 10. 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 individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration The pennittee is not authorized to discharge after the authorization to discharge beyond the expiration date, required by the agency authorized to issue permits no pennittee that has not requested renewal at least I80 c have a permit after the expiration and has not request[ be subjected to enforcement procedures as provided.ii 2. Transfers 'date.' In order to receive automatic nee shall submit forms and fees as are 180 days.prior to the expiration date. Any to expiration, or any permittee that does not at least 180 days prior to expiration, will 1'43-2153.6 and 33 USC 1251 et. seq. This permit is not transferable to any persoa except after notice to and approval by the Director. The Director may require modification or rev ocation.and reissuance of the permit to change the name and incorporate such other requircmenl11 s•as may be,necessary under the Clean Water Act. The Permittee is required to notify the Division-inwriting,ip,the event the permitted facility is sold or closed. Signatory Requirements All applications, reports, or ihforr6ation submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual permit and other information requested by the Director 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 Part III Page 3 of 8 Permit No.-NCS000202 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 Director. C. 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 ofmy knowledge and belief, true, accurate, and complete. 1 am aware that there arc significant penalties for submitting false information, including the possibility of fines and intprisonment,fbr knowing-ytolations." 4. The issuance of this individual permit does not pr6hibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual,pervmit, or terminating the individual permit as allowed by the laws, rules, and regulations contained i yT I 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. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. 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 individual 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 this individual 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 individual permit. 3. Bvoassine of Stormwater Control Facilities Bypass is prohibited and the Director 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; and Part 1❑ Page 4,of 8 Permit No. NCS000202 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls 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 The perntittee submitted notices as required under, Part 111, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 3. 4. Representative Sampling Samples collected and measurements taken, as rt nature of the permitted discharge. Analytical sat event. Samples shall be taken on a day and time be taken before the dischargejoins or is diluted I Monitoring points as specified in this permit sha the Director. /Ji Recording Results For each measurement, requirements of this in( of the volume and ,rformed during a representative storm ;tic of the discharge. All samples shall e stream, body of water, or substance. without notification to and approval of nance activity performed or collected pursuant to the shall record the following information: a. The date, exact pldce�tiihe of sampling, measurements, inspection or maintenance activity; b. The individual( )'who p�rmed the sampling, measurements, inspection or maintenance activity; 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. Flow Measurements Where required, 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. 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. Part III Page 5 of 8 Permit No. NCS000202 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the pennittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfaus. 6. Records Retention Visual monitoring shall be documented and records rr Pollution Prevention Plan. Copies of analytical monii permittee shall retain records of all monitoring inform records and all original strip chart recordings for cont reports required by this individual permit for a period measurement, report or application. This period may - Inspection and Entry facility along with the Stormwater ill also -be maintained on -site. The and maintenance .ion, and copies of all 5 years from the date of the sample, d.by request of the Director at any time. The permittee shall allow the Director, or ari auth6rized'representative (including an authorized contractor acting as a representative of the Director) or intthe-case of a facility which discharges through a municipal separate storm sewer system, an authorised representative of a municipal operator or the separate storm sewer system receiving the di�s�charge upomthe presentation of credentials and other documents as may be required by law, to; '1 a. Enter upon the permittee's piemises where a regulated facility or activity is located or conducted, or where records must -be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. Part Ill Page 6 of 8 Permit No. NCS000202 The pennittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon D WQ's specific requirement to do so. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Availabilit o�ports Except for data determined to be confidential under NCGS 143' 21-5.3(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, analytical 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�143 215.6B or in Section 309 of the Federal Act. 4. Non-Storntwater Discharges If the storm event monitored in accordance wdh.thts individual permit coincides with a non-slorniwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this infoiniatiomwith the stonnwater discharge monitoring report. 5. Planned Changes The permittee shall give itotice-to4lfe Director as soon as possible of any planned changes at the pennitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bypass 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. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twcnty-four hour Reporting 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 Part III Page 7 of 8 Permit No. NCS000202 a 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 causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not monitoring reports are submitted. Other Information Where the permittee becomes aware that it failed to individual permit or in any report to the Director, it, 24 hour reporting at the time avant facts in an application for an submit such facts or information. Part III Page 8 of 8 NCS000202 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this Act then applicable. PART V ADMINISTERING AND REQUIRE; The permittee must pay the administering and by the Division. Failure to pay the fee,in,time this Division to initiate action to revoke the 'In PAR I. Act See Clean Water Act 2. Arithmetic Mean 4. other requirements in the MONITORING FEE fee within 30 (thirty) days after being billed with 15A NCAC 2H .0105(b)(4) may cause DEFINITIONS The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Allowable Non-Stonnwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDBS permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant (lashings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page I of 5 Permit No. NCS000202 Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known USC 1251, et. seq. 8. Division or DWQ The Division of Water Quality, Department 9. Director The Director of the Division 10. EMC The North Carolina 11. Grab Sample (CWA), as amended, 33 Resources. issuing authority. Commission. An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. . No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Part VI Page 2 of 5 Pages Permit No. NCS000202 R11 17 IEN IM 20. 21. 22. 23. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122.26(g). Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Permittee The owner or operator issued a permit pursuant to this individual permit. 41 Point Source Discharge of Stonmwater Any discernible, confined and discrete conveyance inchfc ing!,15 not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure ,from which stormwater is or may be discharged to waters of the state. % Representative Storm Event A storm event that measures greater than 0Xinches of r6infall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches hasoccurred. A single storm event may contain up to 10 consecutive hours of no precipitation. Foe exampl , if it rains for�2 hours without producing any collectable discharge, and then stops, a sample may be collecte//e�dd��----i----f��a.raih,producing a discharge begins again within the next 10 hours. Representative Outfall Sta�� When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple out falis, the,DWQ may grant representative outfall status. Representative outfall status allows the permittee to per analytical monitoring at a reduced number of outfalls. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title 111 of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and Part VI Page 3 of 5 Pages Permit No. NCS000202 24. 25. 26. 27 0 29. 30. That meets at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 1 t6.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Severe Property Damage Means substantial physical damage to property, damage to the control 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 pro pertytdamage doesnot mean economic loss caused by delays in production. (t ��\ ed Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products -,raw materials used in food processing or production; hazardous substances designated under section 101�(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SA RA;,fertilizers; pesticides; and waste products such as ashes, slag and sludge that havethe \_ potential tolbe.released with stormwater discharges. Significant Spills Includes, but is not limited'to: releases(of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part VI Page 4 of 5 Pages Permit No. NCS000202 31. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 32. Total Maximum Daily Load (TMDL) - A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for amimplementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all season T�\ K�e Clean Water, Act„Section 303, establishes // the water quality standards and TMDL programs. 1( ' �/ 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. Unset Means an exceptional incident'in,which there is,uninfentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the pennittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control%facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 35. Vehicle Maintenance Acw Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 36. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 37. 25_-year, 24 hour storm event The maximum 24-11our precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages G�,S' - , - S •✓/ �.0 a ca, pp —R I LSG6/�0z02. 'sUt� �f1n 'rrG o/ -P,h/ 2 in /.k^G7 /OnS 2 . VISG2 ,On/ ✓ii, .S /` C orS c e><Gi % 2-4' 3 VM-A- p4 Of SS e4gAS a,/)4,;,I" C04-of45 6- G So ,03; loo / o , 5.0 F / gNlli rl. S, T S r d no vzlue 3 . ✓rSua/ 2� w j \/✓✓l 4, ; P, o463 T55 s Odse.-+-es SS wo�i� tiave �xc�G�odc rr be%r',�a �o o�fo{ 7��L�� vorli int 2rnoer Ur6� / G✓O l3u f rcr!/c - n � l a,ie Sa K, �i.+g da l/� �i'� 4/ r1&9 Aq a z. TS Sz_ ', r oo.. o , dvt 32 a�, L • Pb- l Tier once Titer 3:ila c c�dr�� J T s d� Jutin S � evuu �,n, /Ve rnS CG//o?S SMS / _� E Ass P SP�a• E.• s� 2 n 4W,..�e4<-Ri B/n114 GUe %tP ��tOO.�� 7A 1Pvl5le fL /y1O/�.To�i� �aa�u•�Pine��5 o�u�i�9 file te;.» oT 7q-' 74' ,COW-Ce 67 7 1- eAlla1a47s � LId devolt E F� //J%i7G! G f7dT �SUI�P sS a i V J + ♦ t L/ 3 � i Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality September 9, 2008 Randy Kenyon United States Gypsum Co. 722 Altalpass HGWY Spruce Pine, North Carolina 28777 SEP 15 2008 ED WATER QUALITY SECTION Subject: NPDES Permit United States Gypsum Co. Permit Number NCS000202 Individual Stormwater Permit Mitchell County Dear Mr. Kenyon: The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000202 on June 16, 2006. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. Please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. As long as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this facility since you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 807-6368. . Sincerely, �C 2an� Brian Lowther Environmental Engineer Stormwater Permitting Unit cc: Asheville Regional Office Stormwater Permitting Unit Files Central Files tN°ne Carolina r �lvrry North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NO 27699-1617 Phone (919) 733-7015. Customer Service Internet: h2o.encstate.nc.us 512 N. Salisbury St. Raleigh, NO 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10 % Post Consumer Paper General Permit Part 8 — Sector -Specific Requirements for Industrial Activity Subpart E — Sector E — Glass, Clay, Cement, Concrete, and Gypsum Products. You must comply with Part 8 sector -specific requirements associated with your primary industrial activity and any co -located industrial activities, as defined in Appendix A. The sector - specific requirements apply to those areas of your facility where those sector -specific activities occur. These sector -specific requirements are in addition to any requirements specified elsewhere in this permit. 8.E.1 Covered Stormwater Discharges. The requirements in Subpart E apply to stormwater discharges associated with industrial activity from Glass, Clay, Cement, Concrete, and Gypsum Products facilities, as identified by the SIC Codes specified under Sector E in Table D-1 of Appendix D of the permit. J _ sudSL�e�e+f Z-3 S/C 329/' 32 9y 8.E.2 Additional Technology -Based Effluent Limits. 8.E.2.1 Good Housekeeping Measures. (See also Part 2.1.2.2) With good housekeeping, prevent or minimize the discharge of spilled cement, aggregate (including sand or gravel), kiln dust, fly ash, settled dust, or other significant material in stormwater from paved portions of the site that are exposed to stormwater. Consider sweeping regularly or using other equivalent measures to minimize the presence of these materials. Indicate in your SWPPP the frequency of sweeping or equivalent measures. Determine the frequency based on the amount of industrial activity occurring in the area and the frequency of precipitation, but it must be performed at least once a week if cement, aggregate, kiln dust, fly ash, or settled dust are being handled or processed. You must also prevent the exposure of fine granular solids (cement, fly ash, kiln dust, etc.) to stormwater, where practicable, by storing these materials in enclosed silos, hoppers, or buildings, or under other covering. 8.E.3 Additional SWPPP Requirements. 8.E.3.1 Drainage Area Site Map. (See also Part 5.1.2) Document in the SWPPP the locations of the following, as applicable: bag house or other dust control device; recycle/sedimentation pond, clarifier, or other device used for the treatment of process wastewater; and the areas that drain to the treatment device. 8.E.3.2 Certification. (See also Part 5.1.3.4) For facilities producing ready -mix concrete, concrete block, brick, or similar products, include in the non-stormwater discharge certification a description of measures that ensure that process waste waters resulting from washing trucks, mixers, transport buckets, forms, or other equipment are discharged in accordance with NPDES requirements or are recycled. 8.E.4 Sector -Specific Benchmarks. Table 8.E-1 identifies benchmarks that apply to the specific subsectors of Sector E. These benchmarks apply to both your primary industrial activity and any co -located industrial activities, which describe your site activities. Stormwater Discharges Associated With Industrial Activity — Sector E 56 General Permit Table S.E-I. Subsector Benchmark (You may be subject to requirements for Parameter Monitoring Cutoff more than one sector/subsector) Concentration Subsector El. Clay Product Manufacturers Total Aluminum 0.75 mg/L (SIC 3251-3259, 3261-3269) Subsector E2. Concrete and Gypsum Product Total Suspended Solids 100 mg/L Manufacturers (SIC 3271-3275) (TSS) Total Iron 1.0 mg/L 8.E.5 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1 of the permit.) Table 8.E-2 identifies effluent limits that apply to the industrial activities described below. Compliance with these limits is to be determined based on discharges from these industrial activities independent of commingling with any other wastestreams that may be covered under this permit. Table 8.E-2' Industrial Activity Parameter Effluent Limit Discharges from material storage piles at cement manufacturing facilities Total Suspended Solids (TSS) 50 mg/L, daily maximum pH 6.0-9.0sm. Monitor annually. Stormwater Discharges Associated With Industrial Activity — Sector E 57 INDUSTRIAL ST FACT SHEET SERIES ORMWATE R, Sector E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing U.S. EPA Office of Water Facilities o Vr' W EPA-833-F-06-020 s a` December 2006 ��ral nxOl��o What is the NPDES stormwater permitting program for industrial activity? Activities, such as material handling and storage, equipment maintenance and cleaning, industrial processing or other operations that occur at industrial facilities are often exposed to stormwater. The runoff from these areas may discharge pollutants directly into nearby waterbodies or indirectly via storm sewer systems, thereby degrading water quality. In 1990, the U.S. Environmental Protection Agency (EPA) developed permitting regulations under the National Pollutant Discharge Elimination System (NPDES) to control stormwater discharges associated with eleven categories of industrial activity. As a result, NPDES permitting authorities, which may be either EPA or a state environmental agency, issue stormwater permits to control runoff from these industrial facilities. What types of industrial facilities are required to obtain permit coverage? This fact sheet discusses stormwater discharges from glass, clay, cement, concrete, and gypsum product manufacturing facilities as described by Standard Industrial Classification (SIC) Major Group 32. Facilities and products in this group fall under the following categories, all of which require coverage under an industrial stormwater permit: ♦ Flat glass (SIC 3211) ♦ Glass containers (SIC 3221) ♦ .Pressed and blown glass, not elsewhere classified (SIC 3229) ♦ Hydraulic cement (SIC 3241) ♦ Brick and structural clay tile (SIC 3251) ♦ Ceramic wall and floor tile (SIC 3253) ♦ Clay refractories (SIC 3255) ♦ Structural clay products, not elsewhere classified (SIC 3259) ♦ Vitreous china plumbing fixtures and china and earthenware fittings (SIC 3261) ♦ Vitreous table and kitchen articles (SIC 3262) ♦ Fine earthenware (whiteware) table and kitchen articles (SIC 3263) ♦ Porcelain electrical supplies (SIC 3264) ♦ Pottery products, not elsewhere classified (SIC 3269) ♦ Concrete block and brick (SIC 3271) ♦ Concrete products, except block and brick (SIC 3272) ♦ Ready -mix concrete (SIC 3273) ♦ Gypsum products (SIC 3275) ♦ Minerals and earths, ground or otherwise treated (SIC 3295) ♦ Non -clay refractories (SIC 3297) INDUSTRIAL STORMWATER FACrSfIEETSERIEs Sector E: Glass, Clay, Cement Concrete, and Gypsum Product Manufacturing Facilities What does an industrial stormwater permit require? Common requirements for coverage under an industrial stormwater permit include development of a written stormwater pollution prevention plan (SWEEP), implementation of control measures, and submittal of a request for permit coverage, usually referred to as the Notice of Intent or NOI. The SWPPP is a written assessment of potential sources of pollutants in stormwater runoff and control measures that will be implemented at your facility to minimize the discharge of these pollutants in runoff from the site. These control measures include site -specific best management practices (BMPs), maintenance plans, inspections, employee training, and reporting. The procedures detailed in the SWPPP must be implemented by the facility and updated as necessary, with a copy of the SWPPP kept on -site. The industrial stormwater permit also requires collection of visual, analytical, and/or compliance monitoring data to determine the effectiveness of implemented BMPs. For more information on EPA's industrial stormwater permit and links to State stormwater permits, go to www.epa.gov/npdes/stormwater and click on "Industrial Activity." What pollutants are associated with my facility's activities? Pollutants conveyed in stormwater discharges from facilities involved with the manufacturing of glass, clay, cement, concrete, and gypsum product will vary. There are a number of factors that influence to what extent industrial activities and significant materials can affect water quality. ♦ Geographic location ♦ Topography ♦ Hydrogeology ♦ Extent of impervious surfaces (e.g_ concrete or asphalt) ♦ Type of ground cover (e.g., vegetation, crushed stone, or dirt) ♦ Outdoor activities (e.g., material storage, loading/unloading, vehicle maintenance) ♦ Size of the operation ♦ Type, duration, and intensity of precipitation events The activities, pollutant sources, and pollutants detailed in Table 1 are commonly found at glass, clay, cement, concrete, and gypsum product manufacturing facilities. Table 1. Common Activities, Pollutant Sources, and Associated Pollutants at Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities Activity I Pollutant Source Pollutant Glass Manufacturing Storage of materials Exposed or spilled sand, soda ash, limestone, collet, and petroleum Total suspended solids products (TSS), chemical oxygen demand (COD), oil and grease (0&G), pH, lead Clay Product Manufacturing Storage of materials Exposed ceramic parts, pryophyllite ore, shale, ball clay, fire clay, TSS, COD, O&G, pH, lead, kaolin, tile, silica, graphite, coke, coal, brick, sawdust, waste oil, and aluminum, zinc used solvents Material handling, Exposed ceramic parts, liquid chemicals, ammonia, waste oil, used TSS, COD, BOD, including loading/ solvents, pryophyllite ore, shale, ball clay, fire clay, kaolin, tile, alumina, TKN, 0&G, pH, lead, unloading silica, graphite, coke, coal, olivine, magnesite magnesium carbonate, aluminum, zinc brick, sawdust, and wooden pallets Forming/drying clay Clay, shale, slag, cement, and lime TSS, pH products EPA-833-F-06-020 INDUSTRIAL STORMWATER EAcr SHEET SERIES Sector E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities Table 1. Common Activities, Pollutant Sources, and Associated Pollutants at Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities (continued) Activity Pollutant Source Pollutant Cement Manufacturing Storage of materials Exposed kiln dust, limestone, shale, coal, clinker, gypsum, clay, slag, TSS, pH, COD, potassium, and sand sulfate Material handling Exposed kiln dust, limestone, shale, coal, clinker, gypsum, clay, slag, TSS, pH, COD, potassium, anhydrite, and sand sulfate, 0&G Crushing/grinding Settled dust and ground limestone, cement, oyster shell, chalk, and TSS, pH clinker Concrete Product Manufacturing Storage of materials Exposed aggregate (sand and gravel), concrete, shale, clay, limestone, TSS, COD, pH slate, slag, and pumice Material handling Exposed aggregate, concrete, shale, clay, limestone, slate, slag, and TSS, COD, pH, lead, iron, pumice as well as spills or leaks of cement, fly ash, admixtures and zinc baghouse settled dust Mixing concrete Spilled aggregate, cement, and admixture TSS, pH, COD, lead, iron, zinc Casting/forming Concrete, aggregate, form release agents, reinforcing steel, latex TSS, pH, 0&G, COD, BOD concrete products sealants, and bitumastic coatings Vehicle and Residual aggregate, concrete, admixture, 0&G in washwater TSS, pH, COD, 0&G equipment washing Gypsum Manufacttuing Storage of materials Exposed gypsum rock, synthetic gypsum, recycled gypsum and TSS, COD, pH wallboard, stucco, perlite ore/expanded perlite, and coal Material handling Exposed or spilled gypsum rock, synthetic gypsum, recycled gypsum TSS, pH, COD and wallboard, stucco, perlite ore/expanded perlite, and coal Crushing/grinding of Exposed or spilled gypsum rock and dust TSS, pH gypsum rock All Facilities Equipment/vehicle Leaks or spills of gasoline, diesel, fuel, and fuel oil O&G, BOD, COD maintenance parts cleaning COD, BOD, O&G, pH Waste disposal of solvents, oily rags, oil and gas filters, batteries, 0&G, lead, iron, zinc, coolants, and degreasers aluminum, COD, pH Fluid replacement including lubricating fluids, hydraulic fluid, oil 0&G, arsenic, lead, transmission fluid, radiator fluids, solvents, and grease cadmium, chromium, COD, benzene Vehicle fueling Gas/ciiesel fuel, fuel additives What BMPs can be used to minimize contact between stormwater and potential pollutants at my facility? A variety of BMP options may be applicable to eliminate or minimize the presence of pollutants in stormwater discharges from glass, clay, cement, concrete, and gypsum product manufacturing facilities. You will likely need to implement a combination or suite of BMPs to address stormwater runoff at your facility. Your first consideration should be for pollution prevention BMPS, which are designed to prevent or minimize pollutants from entering stormwater runoff and/or reduce the volume of stormwater requiring management. Prevention Bl can include regular cleanup, EPA-833-F-06-020 INDUSTRIAL STORMWATER FACTSHEETSERIES Sector E. Glass, Clay, Cement Concrete, and Gypsum Product Manufacturing Facilities collection and containment of debris in storage areas, and other housekeeping practices, spill control, and employee training. It may also be necessary to implement treatment BMPs, which are engineered structures intended to treat stormwater runoff and/or mitigate the effects of increased stormwater runoff peak rate, volume, and velocity. Treatment BMPs are generally more expensive to install and maintain and include oil -water separators, wet ponds, and proprietary filter devices. Pavement Washwaters A primary source of pollutants in the stormwater discharges from glass, clay, cement, concrete, and gypsum product manufacturing facilities are spilled materials or settled dust from material handling processes. As these materials have the potential for being conveyed in pavement washwater, a primary focus of the pollution prevention plan requirements for these facilities are good housekeeping measures, in particular, sweeping the paved portions of the site surrounding the material handling areas. When mixed with stormwater, pavement washwaters are authorized under an industrial stormwater permit. However, the accumulated fly ash, cement, aggregate, kiln dust, clay, concrete, or other dry significant materials handled at the facility must be removed in a dry form from the pavement by measures such as sweeping or vacuuming. Washing the paved areas without first removing the accumulated solids may result in the discharge of these pollutants in the washwater unless it is contained on -site or otherwise collected without discharge. Washwaters may be collected into a BMP designed to remove solids prior to discharge, such as sediments basins, retention basins, and other equivalent measures. Where possible, pavement washwater shall be directed to process wastewater treatment or recycling systems. A number of facilities in the concrete products industry maintain washwater recycle/retention ponds which receive the process wastewater from equipment cleaning and other operations. There ponds may also receive a portion or all of the runoff from the industrial site. These facilities are required to provide an estimate of the depth of the 24-hour duration storm event that would cause the recycle/ retention pond to overflow and discharge to receiving waters. Methods to make this estimate can include, but are not limited to, the original design calculations for the recycle/retention pond or historical observation. BMPs must be selected and implemented to address the following Good Housekeeping Practices Good housekeeping is a practical, cost-effective way to maintain a clean and orderly facility to prevent potential pollution sources from coming into contact with stormwater. It includes establishing protocols to reduce the possibility of mishandling materials or equipment and training employees in good housekeeping techniques. Common areas where good housekeeping practices should be followed include trash containers and adjacent areas, material storage areas, vehicle and equipment maintenance areas, and loading docks. Good housekeeping practices must include a schedule for regular pickup and disposal of garbage and waste materials and routine inspections of drums, tanks, and containers for leaks and structural conditions. Practices also include containing and covering garbage, waste materials, and debris. Involving employees in routine monitoring of housekeeping practices has proven to be an effective means of ensuring the continued implementation of these measures. Specific good housekeeping practices for glass, clay, cement, concrete, and gypsum product manufacturing facilities include: ♦ Preventing or minimizing the discharge of spilled cement; aggregate (including sand or gravel); kiln dust; fly ash; settled dust; or other significant material in stormwater from paved portions of the site that are exposed to precipitation. ♦ Using regular sweeping or other equivalent measures to minimize the presence of these materials. EPA-833-F-06-020 INDUSTRIAL STORMWATER PAC-I'SIIEETSERIES Sector E., Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities ♦ Preventing the exposure of fine granular solids (cement, fly ash, kiln dust, etc.) to stormwater where practicable, by storing these materials in enclosed silos/hoppers, buildings, or under other covering. Minimizing Exposure Where feasible, minimizing exposure of potential pollutant sources to precipitation is an important control option. Minimizing exposure prevents pollutants, including debris, from coming into contact with precipitation and can reduce the need for BMPs to treat contaminated stormwater runoff. It can also prevent debris from being picked up by stormwater and carried into drains and surface waters. Examples of BMPs for exposure minimization include covering materials or activities with temporary structures (e.g., tarps) when wet weather is expected or moving materials or activities to existing or new permanent structures (e.g., buildings, silos, sheds). Even the simple practice of keeping a dumpster lid closed can be a very effective pollution prevention measure. Erosion and Sediment Control BMPs must be selected and implemented to limit erosion on areas of your site that, due to topography, activities, soils, cover, materials, or other factors are likely to experience erosion. Erosion control BMPs such as seeding, mulching, and sodding prevent soil from becoming dislodged and should be considered first. Sediment control BMPs such as silt fences, sediment ponds, and stabilized entrances trap sediment after it has eroded. Sediment control BMPs should be used to back-up erosion control BMPs. Management of Runoff Your SWPPP must contain a narrative evaluation of the appropriateness of stormwater management practices that divert, infiltrate, reuse, or otherwise manage stormwater runoff so as to reduce the discharge of pollutants. Appropriate measures are highly site -specific, but may include, among others, vegetative swales, collection and reuse of stormwater, inlet controls, snow management, infiltration devices, and wet retention measures. A combination of preventive and treatment BMPs will yield the most effective stormwater management for minimizing the offsite discharge of pollutants via stormwater runoff. Though not specifically outlined in this fact sheet, BMPs must also address preventive maintenance records or logbooks, regular facility inspections, spill prevention and response, and employee training. All BMPs require regular maintenance to function as intended. Some management measures have simple maintenance requirements, others are quite involved. You must regularly inspect all BMPs to ensure they are operating properly, including during runoff events. As soon as a problem is found, action to resolve it should be initiated immediately. Implement BMPs, such as those listed below in Table 2 for the control of pollutants at glass, clay, cement, concrete, and gypsum product manufacturing facilities, to minimize and prevent the discharge of pollutants in stormwater. Identifying weaknesses in current facility practices will aid the permittee in determining appropriate BMPs that will achieve a reduction in pollutant loadings. BMPs listed in Table 2 are broadly applicable to glass, clay, cement, concrete, and gypsum product manufacturing facilities; however, this is not a complete list and you are recommended to consult with regulatory agencies or a stormwater engineer/consultant to identify appropriate BMPs for your facility. EPA-833-F-06-020 INDUSTRIAL STORMWATCR FACT SHEET SERIES Sector E., Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities Table 2. BMPS for Potential Pollutant Sources at Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities Pollutant Sources BMPS Storing dry bulk ❑ Store materials in an enclosed silo or building. materials including sand, gravel, clay, ❑ Cover material storage pile with a tarp or awning. cement, fly ash, kiln dust, and gypsum ❑ Confine storage to designated and labeled areas outside of drainage pathways and away from surface waters. U Practice good stockpiling practices such as: storing materials on concrete or asphalt pads; surrounding stockpiles with diversion dikes or curbs to limit run-on and to slow runoff. ❑ Install sediment basins, silt fence, vegetated filter strips, or other sediment removal measures down strea m/d own sl o pe. ❑ Only store washed sand and gravel outdoors. Handling bulk ❑ Use dust collection systems (e.g., bag houses) to collect airborne particles generated as a materials including result of handling operations. sand, gravel, clay, cement, fly ash, kiln Cl Promptly dispose of waste materials from dust collection systems and other operations. dust, and gypsum U Remove spilled material and settled dust from paved portions of the facility by shoveling and sweeping on a regular basis. U Periodically clean materiel handling equipment and vehicles to remove accumulated dust and residue. U Install sediment basins, silt fence, vegetated filter strips, or other sediment removal measures d ow n st re a m/d ow n s l o p e. ❑ Train employees in good housekeeping, spill prevention and control, and materials management. Mixing operations U Use dust collection systems (e.g., bag houses) to collect airborne particles generated as a result of mixing operations. U Remove spilled material and settled dust from the mixing area by shoveling and sweeping on a regular basis. ❑ Clean exposed mixing equipment after mixing operations are complete. ❑ Install sediment basins, silt fence, vegetated filter strips, or other sediment removal measures d ow n s t re a m/d o w n s l o p e. ❑ Train employees in good housekeeping, spill prevention and control, and materials management procedures. Dust collection ❑ Schedule maintenance of dust collection system and baghouse. ❑ Regularly remove and recycle or dispose of collected dust to minimize exposure to precipitation. Pouring and curing ❑ Pour and cure precast products in a covered area. pre -cast concrete products ❑ Clean forms in a designated area designed to prevent the discharge of waste materials. ❑ Clean forms before storing outdoors. Vehicle fueling ❑ Conduct fueling operations (incuding the transfer of fuel frorn tank trucks) on an impervious or contained pad or under a roof or canopy where possible. Covering should extend beyond spill containment pad to prevent rain from entering. ❑ When fueling in an uncovered area, conduct fueling operations on a concrete pad (asphalt is not chemically resistant to the fuels being handled). ❑ Use drip pans where leaks or spills of fuel can occur and where making and breaking hose connections. U Use fueling hoses with check valves to prevent hose drainage after filling. EPA-833-F-06-020 INDUSTRIAL STORMWATER FACTSIIEE'f SERIES Sector E: Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities Table 2. BMPS for Potential Pollutant Sources at Glass, Clay, Cement, Concrete, and Gypsum Product vianuracrunng raourtes Iconunuea/ Pollutant Sources BMPS Vehicle fueling ❑ Use spill and overflow protection devices. (continued) ❑ Keep spill cleanup materials readily available. Clean up spills and leaks immediately. U Minimize/eliminate run-on into fueling areas with diversion dikes, berms, curbing, surface grading or other equivalent measures. ❑ Collect stormwater runoff and provide treatment or recycling. ❑ Use dry cleanup methods for fuel area rather than hosing down the fuel area. Follow procedures for sweeping up absorbents as soon as spilled substances have been absorbed. J Provide Curbing or posts around fuel pumps to prevent collisions from vehicles. J Discourage "topping off" of fuel tanks. ❑ Regularly inspect and perform preventive maintenance on fuel storage tanks to detect potential leaks before they occur. ❑ Inspect the fueling area for leaks and spills. J Train personnel on vehicle fueling BMPS. Vehicle and Good Housekeeping equipment washing ❑ Confine vehicle and equipment washing to designated areas outside of drainage pathways, away from surface waters and that drain to recycle ponds or process wastewater treatment systems. U Clean washwater residue from portions of the site that drain offsite. ❑ Train employees on proper procedure for washing vehicles and equipment including a discussion of the appropriate location for vehicle washing. Vehicle and Good Housekeeping equipment maintenance J Eliminate floor drains that are connected to the storm or sanitary sewer; if necessary, install a sump that is pumped regularly. Collected wastes should be properly treated or disposed of by a licensed waste hauler. ❑ Do all cleaning at a centralized station so the solvents stay in one area. ❑ If parts are dipped in liquid, remove them slowly to avoid spills. ❑ Use drip pans, drain boards, and drying racks to direct drips back into a fluid holding tank for reuse. ❑ Drain all parts of fluids prior to disposal. Oil filters can be crushed and recycled. ❑ Promptly transfer used fluids to the proper container, do not leave full drip pans or other open containers around the shop. Empty and clean drip pans and containers. U Clean up leaks, drips, and other spills without using large amounts of water. Use absorbents for dry cleanup whenever possible. ❑ Prohibit the practice of hosing down an area where the practice would result in the discharge of pollutants to a stormwater system. ❑ Do not pour liquid waste into floor drains, sinks, outdoor storm drain inlets, or other storm drains or sewer connections. ❑ Maintain an organized inventory of materials. U Eliminate or reduce the number and amount of hazardous materials and waste by substituting nonhazardous or less hazardous materials. ❑ Label and track the recycling of waste material (e.g., used oil, spent solvents, batteries). EPA-833-F06-020 7 INDUSTRIAL STORMWATER FACT SHEET SERIES Sector E: Glass, Clay, Cement Concrete, and Gypsum Product Manufacturing Facilities Table 2. BMPS for Potential Pollutant Sources at Glass, Clay, Cement, Concrete, and Gypsum Product nanuracrunng racmrres fconnnueo/ Pollutant Sources 11i Vehicle and Good Housekeeping (continued) equipment significant materials indoors. ❑ store batteries and other si maintenance 9 (continued) ❑ Dispose of greasy rags, oil filters, air filters, batteries, spent coolant, and degreasers in compliance with RCRA regulations. Minimizing Exposure J Perform all cleaning operations indoors or under covering when possible. Conduct the leaning operations in an area with a concrete floor with no floor drainage other than to sanitary sewers or treatment facilities. ❑ If operations are uncovered, perform them on concrete pad that is impervious and contained. ❑ Park vehicles and equipment indoors or under a roof whenever possible and maintain proper control of oil leaks/spills. J Check vehicles closely for leaks and use pans to collect fluid when leaks occur. Management of Runoff ❑ Use berms, curbs, grassed swales or other diversion measures to ensure that stormwater runoff from other parts of the facility does not flow over the maintenance area. ❑ Collect the stormwater runoff from the cleaning area and provide treatment or recycling. Discharge vehicle wash or rinse water to the sanitary sewer (if allowed by sewer authority), wastewater treatment, a land application site, or recycle on -site. DO NOT discharge washwater to a storm drain or surface water. Inspections and Training ❑ Inspect the maintenance area regularly to ensure BMPS are implemented J Train employees on proper waste control and disposal procedures. What if activities and materials at my facility are not exposed to precipitation? The industrial stormwater program requires permit coverage for a number of specified types of industrial activities. However, when a facility is able to prevent the exposure of ALL relevant activities and materials to precipitation, it may be eligible to claim no exposure and qualify for a waiver from permit coverage. If you are regulated under the industrial permitting program, you must either obtain permit coverage or submit a no exposure certification form, if available. Check with your permitting authority for additional information as not every permitting authority program provides no exposure exemptions. Where do I get more information? For additional information on the industrial stormwater program see www.epa.gov/npdes/stormwater/msgp. A list of names and telephone numbers for each EPA Region or state NPDES permitting authority can be found at www.epa.gov/npdes/stormwatercontacts. EPA-833-F-06-020 INDUSTRIAL STORMWATER FACT SHEET SERIES Sector E. Glass, Clay, Cement Concrete, and Gypsum Product Manufacturing Facilities References Information contained in this Fact Sheet was compiled from EPA's past and current Multi -Sector General Permits and from the following sources: ♦ City of Phoenix, Street Transportation Department, Storm Water Management Section. 2004. Prevent Stormwater Contamination Best Management Practices for: Section E - Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturers. SIC Codes: 3210-3299." http://phoenix.gov/STREETS/glasclay.pdf ♦ Orange County, California, Watershed & Coastal Resources Division. "Concrete and Asphalt Production, Application, and Cutting." www.ocwate rsh ed s.com/Storm Wate r/documents_bmp_existing_development.asp#ind ♦ USEPA. Stormwater Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices. 1992. EPA 832-R-92-006. www.epa.gov/npdes/stormwater ♦ USEPA, Office of Compliance and Office of Enforcement and Compliance Assurance. 1995. EPA Office of Compliance Sector Notebook Project: Profile of the Stone, Clay, Glass, and Concrete Industry. EPA-310-R-95-017. www.epa.gov/compliance/resources/publications/assistance/sectors/notebooks/stone.html ♦ USEPA, Office of Science and Technology. 1999. Preliminary Data Summary of Urban Stormwater Best Management Practices. EPA-821-R-99-012. www.epa.gov/OST/stormwater/ ♦ USEPA, Office of Wastewater Management. NPDES Stormwater Multi -Sector General Permit for Industrial Activities (MSGP). www.epa.gov/npdes/stormwater/msgp ♦ World Bank Group. "Pollution Prevention and Abatement Handbook: Cement Manufacturing." www. ifc. o rg /ifcext/susta ina bi lity.nsf/Attach mentsByTitle/gu i_EH SGu idelines2007_ Cementand Li me Mfg/$ FILE/ Final+-+Cement+and+Lime+ Manufacturing. pdf ♦ World Bank Group. "Pollution Prevention and Abatement Handbook: Glass Manufacturing." www.ifc.org/ifcext/sustainabiIity.nsf/AttachmentsByTitle/gui_EH SGuideIines2007_ GlassMfg/SFILE/Final+-+Glass+Manufacturing.pdf EPA-833-F-06-020 -z North Beverly Eaves Perdue Governor ;A NC®ENR Carolina Department of Environment and Division of Water Quality Coll H. Sullins Director March 26, 2009 Mr. Randy Ruddell United States Gypsum Co. 4895 New Peachtree Rd. Chamblee, GA 30341 Subject: Dear Mr. Ruddell: Natural Resources Draft NPDES Stormwater Permit Permit No. NCS000202 United States Gypsum Co. Mitchell County Dee Freeman Secretary Enclosed with this letter is a copy of the draft stormwater 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 the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Analytical monitoring parameters, Al, Mg and Pb, have been added to this permit. Maintain monitoring for TSS but on quarterly sampling for the first year and semi-annually after. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually (except for TSS as explained above) during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow' within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part 11 Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. Wetlands and Stormwaler Branch One, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 1 y ot-th Caro l l rla Location: 612 N. Salisbury St. Raleigh, North Carolina 27604 �ry��/Nry�� Phone: 919-807-63001 FAX: 919-801-64941 Customer Service: 1-877-623-6748 Naturally K Internet: wwvy.ncwaterqualily.org An Equal Opportunity 1 Affirmative Action Employer MARandy Ruddell United States Gypsum Co Permit No. NCS000202 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please submit any comments to me no later than thirty (30) 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 about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6368 or brian.lowther@ncmail.net Sincerely, r Brian Lowther . Environmental Engineer Stormwater Permitting Unit cc: ' Asheville Regional Office Stormwater Permitting Unit Randy Kenyan, United States Gypsum Co, 722 Altapass Rd., Spruce Pine, NC 28777 Attachments: Draft Permit Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality September 9, 2008 Randy Kenyon United States Gypsum Co. 722 Altalpass HGWY Spruce Pine, North Carolina 28777 Subject: NPDES Permit Renewal Application United States Gypsum Co. Permit Number NCS000202 Individual Stormwater Permit Mitchell County Dear Mr. Kenyon: The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000202 on June 16, 2006. We apologize for the lengthy delay in responding to your submittal and are now making every effort to review your permit renewal as expeditiously as possible. Our Unit anticipates making significant progress on individual permits over the next six months to reduce our backlog. We are currently beginning our review of your renewal application. Please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. As long as you have submitted a complete renewal request package and maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by that permit until the Division issues a renewal permit or notifies you of an alternative action. No additional information is required at this time, but we may contact you in the future. Please notify us if any significant changes have taken place at this facility since you submitted the renewal package. If you have any questions about this matter, please contact me at (919) 807-6368. cc: Asheville Regional Office Stormwater Permitting Unit Files Central Files i North Carolina Division of Water Quality 1617 Mail Service Center Intemet: h2o.enrstale.nc.us 512 N. Salisbury St, Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit Raleigh, NC 27699-1617 Phone (919) 733-7015 Raleigh, NC 27604 FAX (919) 733-2496 1%�p�t1tCarhllrl�o me ,/VQ�fJ Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—SM. Reuycled/l 0% Post Consumer Paper 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 December 29, 2005 UNITED STATES GYPSUM CO ATTN: ENG, OR SUCCESSOR 4859 NEW PEACHTREE RD CHAMBLEE, GA 30341 1� " NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal United States Gypsum Co Permit Number NCS000202 Mitchell County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000202. This permit expires on August 31, 2006. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by in order for the permit to be renewed by August 31, 2006. Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and-General_Permits_Unit Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10 % post -consumer paper Z— tt 'l S oL�s v_SS ��—FaCf S_L7i'Pf v3 i.iS mP �r 15� �uT c`o BS/,'Y_S2� S°r—S.ay_S_o_i_�r_.� NCL/�Q�2..OtiScci SS •( —✓/t 5,� a'o (i f?tit- "� / �?_, S/Tc^ Ci?J at !/H hi sDl V G) S n m fe �,� A %1 S /rn`oa ir_w e �a✓ f u.r_� o% — o/J D/�-silo �J/_'oGQSScs S�nalvl pe /eviPa.Jrel �o — S_e_e � �' �oecln.2�s_G✓c� sZer✓a��s a r� 6 e %-9 n7Z lnl2 I" � iae 4:1 w o% er�asC'� Le S 6P C_au_?_`/ous he•-B •_PP'i��S of /�im��'r" �:/,To t ova fr e� Gave any tiea�tac-1� w/ _ 7-41,1 State of North Carolir Department of Environ, I ient and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director December 29, 2005 UNITED STATES GYPSUM CO ATTN: ENG, OR SUCCESSOR 4859 NEW PEACHTREE RD CHAMBLEE, GA 30341 ArAiyl rI11� � NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal United States Gypsum Co Permit Number NCS000202 Mitchell County Dear Permittec: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000202. This permit expires on August 31, 2006. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by in order for the permit to be renewed by August 31, 2006. Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. cc: Central Files Stormwater and General Permits Unit Files [Asheville. Regional'Office Sincerely, l,2,t-el�.�� S'1',9•v— Bradley Bennett, Supervisor, (�^ . Stormwater and Ge ie a�Pe'rmits=Unit 'I JAN - 4 2006 J V. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 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 February 19, 1999 FPMAY UNITED STATES GYPSUM ROUTE I BOX 7 SALTVILLE, VA 24370 1� r� o NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal United States Gypsum Permit Number NCS000202 Mitchell County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000202. This permit expires on August 31, 1999. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information within thirty days of receipt of this letter in order to constitute a timely renewal filing. Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced later this year for your annual fee.) A copy of the new fee schedule is enclosed in this package. Failure to request renewal within the time period indicated may result in a civil assessment of at least $250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Asheville Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper E Staff Review and Evaluation NPDES Stormwater Permit Contact Name:Bill Mills Facility Name: United States Gypsum Company NPDES No.: NCS000202 Facility Location: Altapass Road Spruce Pine, Mitchell County Type of Activity and SIC Code (if applicable): Mica mining SIC 1499 Receiving Stream Name and Classification: North Toe River Class C trout Proposed Permit Requirements: (See attached draft permit) Compliance Schedule: See Part 1, Section B. of the attached draft permit Basis for Monitoring Requirements: Analytical data from the permit application reveals a rather high value for Total Suspended Solids (452 mg/1). Recommend annual monitoring for Total Suspended Solids. Basis for Other Requirements: Prepared By: Permits and Engineering Supervisor: Raennnea rnnnac toA hv• Ca LO , %G Water Quality_ Supervisor: Regional Comments: P/ G (date) — S69f' (date) at rat 1 rl�L� .nit No. NCS000202 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT TO DISCHARGE STORMWATER 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, United States Gypsum Company is hereby authorized to discharge stormwater from a facility located at Altapass Road Spruce Pine Mitchell County to receiving waters designated as Toe River, a class C Trout stream, in the French Broad River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, 1II, and IV hereof. This permit shall become effective. This permit and the authorization to discharge shall expire at midnight on Signed this day A. Preston Howard, Jr., P.E., Director Division of Environmental Management By the Authority of the Environmental Management Commission Permit No. NCS000202 PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this Permit. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls, and Limitations for Permitted Discharges Part II: Standard Conditions for NPDES Stormwater Permits Part III: Limitations Reopener Part IV: Administering and Compliance Monitoring Fee Requirements Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal; state, or local law, rule, standard, ordinance, order, judgement, or decree. Page 2 le- kk IN wi ;zl p rfe 9p1 tle 3v CecP/ 1 ;5 (Il L Lj T"\ go c� 7— CEek--- HOsPiti i 1V I . . , / (1 1' � _o � Y /�� lnJ r`\� Beery, Cha 1 pel A r "00 f M me/ ChaWmvul I t Ins` v�%i �� A oo �,; ,�� A�� '� 1A V, 0 1: emA Jk% 4r e72 IPG Y, em I p I Lace jys KnobCreekhafOl IPA N 70 1 6 6 �fLI 1 ITTLE SWI ��l' 70Ll as 02 5' SCALE 1:24000 It! EET 400" E. U i 000 ek: Permit No. NCS000202 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES NS AND CONTROLS FOR ST During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified below. 1. Stormwater Pollution Prevention Plan The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part II, Standard Conditions, Section E.8. of this permit. The Plan shall include, at a minimum, the following items: a. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (1) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part Il, Standard Conditions, Section B.9. Page 4 Permit No. NCS000202 b. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's Page 5 Permit No. NCS000202 operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the Plan. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. g. Plan Ammendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part II, Standard Conditions, Section B, #9) to the Director that the changes have been made. Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility inspections. Implementation. Implementation of the plan shall include documentation of all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request Page 6 Permit No. NCS000202 FRM&STJOWITIM761�1 _ Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Environmental Management. If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultaneously with the first analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal. c. For purposes of the stormwater sampling required in this permit, all samples shall -be collected from a discharge resulting from a representative storm event (See Part II, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: (1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color, foam, outfall staining, visible sheens, and dry weather flow are required, but analytical sampling shall not be required. (2) If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms provided by the Director no later than January 31 for the previous year in which sampling was required.to be performed. e. Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. f. This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by a non-stormwater NPDES permit. (2) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (3) Discharges resulting from fire -fighting. Page 7 Permit No. NCS000202 If the storm event monitored and reported in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Specific Stormwater Monitoring Requirements The specific stormwater monitoring requirements includes both analytical and visual monitoring of stormwater samples. Specific monitoring requirements are defined below. (1) Analytical Monitoring Stormwater Discharge Characteristics 1 r is Measurement FrLquLn 1 Sample 1=2 Sample Location3 Total Suspended Solids m annually Grab SDO Total Rainfall4 inches Event Duradon4 minutes Total Flow4 MG SDO Footnotes: 1 Measurement Frequency: Once per year with samples taken during the, sampling window of April through November. The facility must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. 2 Sample Type: Defined in Part II, Standard Conditions, Section A. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall • be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious). area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. (2) Cut-off Concentrations The arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each parameter and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. Page 8 Permit No. NCS000202 The permittee must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. SlQrmmwa r Diacharge Characted,,AiuCut-off Concentration I.Total Suspended Solids I< 100 m /l (3) Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge Characteristics Fre uenc 1 Monitoring Type2 Monitoring Location3 Color Semi -Annual Visual SDO Odor Semi -Annual Visual SDO Clarity Semi -Annual Visual SDO Floating Solids Semi -Annual Visual SDO Suspended Solids Semi -Annual Visual SDO Foam Semi -Annual Visual SDO Oil Sheen Semi -Annual Visual SDO Other obvious indicators of stormwater pollution Semi -Annual Visual SDO Footnotes: 1 Frequency: The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. Monitoring Type: Visual monitoring requires a qualitative visual observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall (SDO) Page 9 Permit No. NCS000202 (4) Analytical Monitoring Requirements for Vehicle Maintenance Activities) Stormwater Discharge Characteristics ni Measurement Fr en 2 Sample L= Sample L2cati9n3 H standard annually Grab SDO Oil and Grease m annually Grab SDO New Motor Oil Usagegallons/month annually Estimate SDO Total Flow4 MG annually Grab SDO Lead, Total Recoverable5 u annually Grab SDO Total Suspended Solids mgn annually Grab SDO Detergents (MBAS)6 m annually Grab SDO Footnotes: 1 Stormwater discharges from any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall be monitored by the permittee as specified above. 2 Measurement Frequency: Once per year with samples taken within the sampling window of April through November. 3 Sample Location: Samples to outfall (SDO) that discharges vehicle maintenance activities be taken at each stormwater discharge stormwater runoff from area(s) where occur. 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total Precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. 5 Total recoverable lead monitoring is required only at facilities where fueling occurs. 6 Detergent monitoring is required only at facilities which conduct vehicle cleaning operations. (5) Cut-off Concentrations for Vehicle Maintenance Activities The arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each parameter and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring, the permittee is Page 10 Permit No. NCS000202 required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee must perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. Stormwater DischgLgg Characteristic.,Cut-off Concentration HI within range 6.0 - 9.0 Oil and Grease < 30 m Lead, Total Recoverable < 0.033 mg/1 Total Suspended Solids < 100 mgIl Detergents (MBAS) < 50 m Footnotes: I pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. Page 11 Permit No. NCS000202 The permittee shall comply with Final Limitations and Controls specified for stormwater discharges in accordance with the following schedule: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I, Section A, 1. b. 2. of this permit, shall be accomplished within 12 months of the effective date of this permit. Permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. Page 12 Ple?Se print or type in the unshaded areas only (fill—in areas.are spaced for elite type, i.e., /2cheractershrwch) ,5oaaao2�-- � :n <anra.-.d nMR ,v.. FORM U.a. ENVIRONMENTAL PROTECTION AGENCY 'GENERAL eWires 4 30-85 I. EPA I.D. NUMBER ' GENERAL INFORMATION \®EPA ConsolidatedfbmrirsProgram (Read the "General Instructions" befon aIartin,,) F D ' 1 1, '• 1 O GENERAL INSTRUCTIONS I. EPA I.D. NUMBER \ If a preprinted label has bean provided affix 11 it in the designated specs. Review the inform. Ill. FACILITY NAME \\ \ \ ation carefully; if any of it is incorrim. COY through it and enter the correct data in the FACILITY \\\\ \ appropriate till —in arm below. Also, if any of the preprinted data it absent (the arse to Sire V. MAILING ADDRESS PLEASE PLACE LABEL IN THIS SPACE left of Silo label space /Iota the information that should appear), please provide it in the X proper fill—in ares(s) below. If the label is �\ \ complete and correct, you need not complete Items 1, Ill, V. and VI (except Vl-B which VI FACILITY must be completed regerdlets). Complete all LOCATION items if no label has been provided. Refer to the instructions for detailed item dexrip tions and for the legal authorizations under which this data is collected. 11. 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 form listed in the parenthesis following the question. Mark "X" in the box in the third column if thesupplemental 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. Sea also, Section 0 of the instructions for definitions of bold—faad terms. SPECIFIC QUESTIONS ' ra• a ATic.• SPECIFIC QUESTIONS � ra• wH A. Is this facility a publicly Owned tr;dexribed B. toes or will this facility (dthEr Existing or Proposed) which results in a discharge to warm include a coneasnDEbd on" feeding operation or (FORM 2A) X squetk animal PrOdIUC1l0n faclllty which multi in a X surcharge to waters of the U.S.? (FORM 28) C. It this a dCilny which currently results to wean Of the U.S. other than tho . Is this a profacility other en those dwribed or B above? FORM 2C1 in A or B above/ which will result in a discharge toA S.? FORM D) E. Does or will this facility treat, store, F. Ile you or will you inject at this facility industrial or hazardous wastes? IFORM 3) municipal effluent below the lowermost Stratum con- X taining, within one quarter mile of the well bore, X underground sources of drinking water? (FORM 4) „ 11 11 11 o you or m you mlett a[ t 4 eb sty any pr u water or other fluids which are brought to the surface H. Do you Or will you Inject in this facility fluids for spa• in connection with conventional oil or natural gat pro. vial processes Such as mining of Sulfur by the Fraxh duction, inject fluids used for enhanced recovery of process, solution mining of minerals, in situ combus- oil or natural gas, or inject fluids for storage of liquid X tion Of fossil fuel, Or recovery of geothermal energy? X h drorarbons? (FORM 4) (FORM 4) v, 1. wt 1. s this facility a Pro atte orNry fisted i I 4 one of the industrial categories listed in the in. s s I Ity a D ry sourp s NOT one of the 28 industrial ntepories listed in the d tons PerstrVftf and which will potentially emit under uedai the Per year of any air pollutant regbe instructions and which will potentially emit 250 tons Clean Air Act end may effect or De looted in an to X par year of any air pollutant regulated under the Clean Air Alt X mbimmaerYa+ee? (FORM 5) and may affect Or be looted in an attalrans"t IT\' Ill. NAME OF FACILgoo area? (FORM 5) .> c ' fRlt e d S to to s G s u m C om a n IV. tACILITY CONTACT A. NAME . TITLE /(Yt. /Iret. a sedan a. PHONE (aria code a no.l --. - u:. 7 0 3 4 9 6 7 7 3 3 v s M e n e n d e z V. FACILITY MAILING ADDRESS A. STREET OR P.C. SOX - :V 3 e 1 B o x 7Is -� = a. CITY OR TOWN T. C.STAT D•ZI►CODE <SaltviIIe A24370 VI. FACILITY LOCATION A. STREET. ROUTE NO. OR OTHER SPECIFIC,IOENTIFICO -. e A. Lta s s R o a d Is. COUNTY NAME itchenl C. CITY OR TOWN JTA E.'MTV COOK I e e Pine --- NC 2877.7 CONTINUED FROM THE FRONT VII. SIC CODES (e4iait, in order or priority) a. SECOND _ A. FIRST (specifyI (fpeciJ)•/ 7 4 9 U. S. Gypsum Company 7 C. TH'-D D. FOURTH (specify'/ (tDecilY) 7 7 Vill.OPERATOR INFORMATION A. NAME la the name Ilrtb Ir IUm V III -A elm the owner? B B l e v i n s O YES In NO w C. STATUS Of OPERATOR (Enter the appropriate letter into the answer box: if -Other-.-specif➢.) O. PHONE (area code a no.) - FEDERAL M - PUBLIC (other than federal or Jtafe) (specify) 1 S - STATE O - OTHER Opeci/y) P A ] (] 4 ] E 5 9 4 8 P- PRIVATE N u o - .. .. u E. STREET OR I.O. DOX 4 P F. CITY OR TOWN G.STAT M. ZIP CODE IX. INDIAN LAND Is the facility located on Indian lands? B$ r u c e P. l n e Cl YES Q NO s: X- EXISTING ENVIRONMENTAL PERMITS WIRMPIAEP D. Pso (Air Emissions from Proposed Sources/ A. NPoEs (Discharges to Sur/ace Water) c g N 9 P 4 3 1 4 R 3 9. UIC (Underground Injection ofFhrids) E. OTHER (Specify) 9 U g Is C. RCRA (Hasardms Wastes) E. OTHER (specify) T IJp[Ci/y'1 9 R g „ XI. MAP .. .... Attach to this application a topographic map of the area extending to at least one mile beyond property boundaries. The trap 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 fadlities, and each well where it injects fluids underground. Include all springs, rivers and other surface water bodies in the-mapror . See instructions for predse requirements. XIS. NATURE OF BUSINESS(providesbrief The Mica material is dried and ground to provide an additive for Joint Treatment. XIII. CERTIFICATION (roe ImMIcdaesf) �a ' / certify under penalty of law that I haw personally examiried7n tarn lamellar with the Infometlon submitted In this sppUoation and ell attachments and that, based on my Inquiry of those persons Immediately respas/ble for obtalning-dJe Information contained in the gopficetion, / believe that the information Is true, a=rate and complete. / am aware that there are significant penalties for submitting false information, Including the possibility of fine and Inpr somnnt A. NAME a OFF^ITL.El pe or rfnr) a. s AT C. DATE GJNE 7 COMMENTS FOR OFFICIAL USE ON , r: .". a: .. a. .. -. • .;' .•'..' -. " '� . �` e C_ ... ....... EPA ID Number (copy hom tram I o1 Farm 7) Form Approved. OMB No. 2040-0096 Please print or type in the unshaded areas ontu Ann.....- � — _. Form United States Environmental Protection Agency _ Washington, DC 20460 .1I' I^EPA NPDES Application for Permit To Discharge Stormwater Discharges Associated with Industrial Activity Paperwork Reduction Act Notice searshing existing data sources, garnering and maintareporting burden for this application is estimated to average 29.6 hours per application, including time for reviewing instructions. searching the data needed, and completing and reviewing The collection of information. Send comments regarding the burder: estimate, any other aspect of this collection of information, or suggestions for improving this form, including suggestions which may increase or reduce this burden to: Chief, Information Polity Branch, PM-223, U.S Environmental Protection Agency, 401 M St., SW, Washington, DC 2046o, or Director, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. I. Outfall Location MMIMMEM For each outfall list the latitude and Ion itude of its location to The nearest 15 seconds and the name of the receiving water. A. Outlall Number list B. Latitude C. Lon itude D. Receiving Water name g 1 C n F o 1 u QE River 11.lm rovements A. Are you now required by any Federal, State, or local authority to meet any implementation schedule for the construction, upgrading or operation of wastewater treatment equipment or practices or any other environmental programs which may affect the discharges described in this application? This includes. but is not limited to, permit conditions, administrative or enforcement orders. enforcement compliance schedule letters, stipulations, court orders, and grant or loan conditions. t. identification4. of Conditions, Agreements, Etc, 2. Affected Outfalls 3. Brief Descri tion of Pro ect Final Compliance Date number source of dischar a a. req. b. pro'. B. You may attach additional sheets describing any additional water pollution (or other environmental projects which may affect your discharges) you now have under way or which you plan. Indicate whether each program is now under way or planned, and indicate your actual or planned schedules for construction. 111. Site Draina a Ma Attach a site map showing topography (or indicating the outline of drainage areas served by the outtall(s) covered in the application it a topographic map is unavailable) depicting the facility including: each of its intake and discharge structures; the drainage area of each storm water outfall; paved areas and buildings within the drainage area -of each storm water outtall, each known past or present areas used for outdoor storage or disposal of significant materials, each existing structural control measure to reduce pollutants in storm water runoff, materials loading and access areas, areas where pesticides, herbicides, soil conditioners and fertilizers are applied; each of its hazardous waste treatment, storage or disposal units (including each area not required to have a RCRA permit which is used Tor accumulating hazardous waste under 40 CFR 262.34); each well where fluids from the facility are injected underground; springs, and othA Stirlace water bodies which receive Storm water discharges from the facility. EPA Form 3510.2F (TI1.9o) Page 1 of 3 1, Continue on Page 2 ContJrl from the Front, IV. LfA RAlivn lln�a �.1 A For each outfall, provide an estimate of the area (include units) of impervious surfaces (including paved areas and building roofs) drainetl to the outfall, and an estimate of the total surface area drained by the outfall. outfall Area of Impervious Surface Total Area Drained Outfall Area of Impervious Surface Total Area Drained ul ings- ti 4. 9 Acres paverr.ent & Concerte- 1.0131 (Acres) B. Provide a narrative description of significant materials that are currently or in the past three years have been treated, stored or disposed in a manner to allow exposure to storm water: method of treatment, storage, or disposal; past and present materials management practices employed, in the last three years, to minimize contact by these materials with storm water runoff; materials loading and access areas; and the location, manner, and frequency in which pesticides, herbicides, soil conditioners, and fertilizers are applied. Mica storage area. This material is dried and ground to provide an additive Tor Joint Treatment. the Mica is exposed to rainfall but not to storm - water. The facility has no method for treatment or disposal of Mica, only storage for processing. C. For each outfall. Provitle the location and a description of existing structural and nonstructural control measures to reduce pollutants m storm water runoff; and a description of the treatment the storm water receives, including the schedule and type of maintenance for control n r m n h I n i 11 r h r Oudall IN r List Codes from " T I F.i 001 None. V. Nonstormwater Dischar es A.Also &1-9 I certify under penalty of law that the outfall(s) covered by this application have been tested or evaluated for the presence of nonstormwater discharges, and that all nonstormwater discharges from these outfall(s) are identified in F r I'mli for I ent either air accompanying Form 2C Name and Official itle ( orprint Si a f'.,� Date Sign d B�rovide a description o1 the method used, the dale of any testing, and t si a or age points that were directly observed during a test. The samFle for stormwater discharge was obt fined by grab method on 7/17/91 VI. Significant Leaks or S ills Provide existing information regarding the history of significant leaks or spills of toxic of hazardous pollutants at the facility in the last three years, including the approximate date and location of the spill or leak, and the type and amount of material released.. None. EPA Form 3510.2F (11.90) Page 2 of 3 Continue on Page 3 Continued from Page 2 IEPA to Number (copy from hem l of Form 1) A.B,C, & D: See Instructions before proceeding. Complete one sat of tables for each ourfall. Annotate the outfallrumber In the space provided. Tables VII- VII-B, and VIpC are included on separate sheets numbered VII-1 and VII.2. E: Potential discharges not covered by analysis - Is any pollutant listed In Table 2F-2 a substance or a component of a substance which you currently use or manufacture as an intermediate or final product or byproduct? El Yes list all such Pollutants below FE No o to section Do you have any knowledge or reason to believe that any biological test for acute or chronic toxicity -has been made on any of your discharges or on a receiving water in relation to your discharge within the last 3 years? Yes list all such pollutants below X No o to section DQ 11 Contract Analysis Information e Were any of the analyses reported in hem V performed by a contract laboratory or consulting firm? OYes (list dme name, hone address, and telepnumber of, and pollutants No (go to section mQ A Name Dewberry & Davis B. Address 626 South Mein C. Area Code & Phone No. (703) 183-7271 D. Pollutants Analyzed BO1,5 Test Street Marion, VA. Oil & Grease 2435-4 Test COD Test TKN Test Nitrate + Nit- rite Test Total Phospro- rus Test FH Test 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 fine and Imprisonment for knowing violations. A Named Official Title (type orprint) � �% �� B. Area Code and Phone No. - - 0 s 3�L G0� 3ZiO C. signature D. Date Sig EPA Form 3510.2F (11•90) Page 3 of 3 S?. now - EPA ID 1, Font, Apprpved. OMB No. W0.00 6 Part A - Youmust Provide the results of at bast one analysis for every pollutant in this table. Complete one table for each curlall. instructions for additional details. POl ut Maximum Values Average Values Number See nd and (inc/We units) Grab Sample (include units ) of _ CAS Number Taken During First 30 Flow-weiphtetl Grab Sam Is Taken Dunn g Storm rl available) Minutes Composite Fret 3o Flow -weighted Minutes Composite Events Oland Grease Sampled Sources of Pollutants 6.5 Mc/L 6.5 Mg/L Run—off from expos- Biological Oxygen iu o- e r a t i n. Demand BODS 6.5 M /L 6.5 Mg/L un-off from expos - Chemical Oxygen 1 o eration . Demand COD 74.8 M L 74.8 No/L un-off frcrr. expos - Total Suspended 1 a o e r a t i o C. solids ss 452.0 M / 452.0 Mg/ Run-off from expos - Total Kjeldahl 1 C a O e rat i on , Nitro' en 0.44 Mo/L 0.44 Mg/L Run-off from Expos - Nitrate plus 1 ed Mica operation, Mtrite Nitro en 0 1 M L 0.1 M Rue -off from expos- rotal 1 ed Mica o eration. 'hosphorus ,.. 0.08 M L 0.OR Mn /I Run-off -.. from expos -� Pollutant and CAS Number - _ slew as to man effluent guideline which the facility is subjett to or any pollutant listed in me facility's for its process wastewater (il the facility is operating under an existing NPDES permit). Complete one :able for each COM Maximum Values Average Values Number (include units) GraTDuring TakGrab Sam Flow -weighted Taken Our MFirst 30 nits) of Storm Flow -weighted Events composite Sampled Sources of Pollutant, EPA Form (11.90) on CGnilnw.i from the Front - ,usr eem paiutam shown in Tables 2F-R 2F-3. and 2F-4 that you know or have reason to believe is present. See the inatruetionstor additional details and requirements. Complete one table for each oudall. Maximum Valves Average Values Pollutant Onclude unitsJ (ixlWe units) and Grab Sun N W CAS Number TakFie �g Flow -weighed Taker Dunng - Flow-wsightetl First 30 (if available) Minutes Composite Minutes Composite Number of Storm Events Sampled — Sources of Pollutants Part D - Provide data for the storm events 1. 2. 3. Date of Duration Total rainfall Storm of Storm during storm event Event in minces in inches 7/17,/ 20C + 0.4 Inches. 91 9. Previne which resulted in the maximum — e Number of hours between beginning of storm me as- ured and and of previous me suraba rain event + 75 Hrs. values for the flow 5. Maximum floe rate during rain event (galbns/minub or s units 50 Gpm._ wei bred mm 6. Total now from rain event (galbns or specify units) 10,000 Callous Total site sam la. 7. Season Sample was taken um Smer 6. Form of Precipitation (rainfall, snowmelt Rainfall ICaught several full flow samples and timed for flow rate. EPA Form 1510.21F (11-go) page VI7