HomeMy WebLinkAboutNC0000175_Permit (Modification)_20100920WDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Jeffery S. Ferguson P.E.
Unimin Corporation
136 Crystal Drive
Spruce Pine, NC 28777
Dear Mr. Ferguson:
Division of Water Quality
Coleen H. Sullins
Director
September 20, 2010
Subject: Permit Modification request
Unimin Corp. WWTP
NPDES Permit NC0000175
Mitchell County
Dee Freeman
Secretary
The Division of Water Quality (DWQ) has reviewed your request for modification of the subject permit by deletion of the
sampling requirements for Lindane from your existing NPDES permit. In the permit issued November 1, 2006, supplemental conditions
allowed a review of twelve months of data to determine if reasonable potential to exceed the allowable concentration still existed.
A review of discharge monitoring reports submitted to the DWQ between January 2008 and March 2010 provided the data
used in the updated reasonable potential analysis. Based on this set of sampling results, the analyses indicate there is No Reasonable
potential for the Unimin Corporation to discharge wastewater effluent containing levels of Lindane. At this time your request for
removal of Quarterly monitoring for Lindane is aaaroved.
We are forwarding you the new Part 1, Section A and Special Conditions page, which reflect the deletion of Lindane
Monitoring requirements and Special Conditions for Lindane. You should replace your existing Section A and Special Conditions
pages from your current permit with these three pages. This permit correction is issued pursuant to the requirements of North
Carolina General Statute 143 -215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental
Protection Agency dated October 15, 2007 (or as subsequently amended).
If any parts, measurement frequencies or sampling requirements contained in this permit correction are unacceptable to you,
you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request
must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699 - 6714). Unless such demand is made, this decision
shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may require modification or
revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or
any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact
Bob Guerra at telephone number (919) 807 -6387.
Sincerely,
r Coleen H. Sullins
cc: Asheville Regional Office /Surface Water Protection
NPDES File /NC0000175
Central File
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 �TOne
Phone: 919- 807 -63871 FAX: 919-807 -64951 Customer Service: 1-877-62M748 No Carolina
Internet: www.ncwaterquality.org aturall�
An Equal Opportunity 1 Affirmative Action Employer
Permit Number NC0000175
PART* 1. SECTION A
A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -FINAL
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge process wastewater from mineral extraction of ore from
outfall 001. Such discharges shall be limited and monitored by the Permittee as specified
below:
Notes:
1. Sample locations: E- Effluent, I- Influent, U — Above the facility intake, D - Penland bridge.
Instream samples shall be grab samples and shall be conducted 3/week.
2. This discharge shall not cause the turbidity of the receiving waters to exceed 10 NTU. If the
turbidity exceeds 10 NTU due to natural conditions, the discharge shall not cause any
increase in turbidity.
3. The pH shall not be less than 6.0 standard units nor greater than 10.0 standard units.
4. Chloride shall be monitored quarterly during the same months as toxicity testing.
5. Chronic Toxicity (Ceriodaphnia) Pass /Fail at 11 %: January, April, July and October. See
Special Condition A (2).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Is
EFFLUENT LIMITATIONS
Monitoring Requirements
Effluent
Monthly Daily Maximum
Measuremenj
Sample
SamDle
Characteristics
Average
Freouencv
Type
Location,
Flow
3.6 MGD
Continuous
Recording
I or E
Total Fluoride
109.0 lb/day 218.0 lb/day
Daily
Composit
E, U, D
e
Total Suspended
1320.0 lb/day 2640.0 lb/day
Daily
Composit
E, U, D
Solids
e
Settleable Solids
Daily
Grab
E
Turbidity2
Daily
Grab
E, U, D
pH
Daily
Grab
E, U, D
Oil and Grease
Monthly
Grab
E
Chloride°
Quarterly
Composit
E
e
Chronic Toxicity5
Quarterly
Composit
E
e
Notes:
1. Sample locations: E- Effluent, I- Influent, U — Above the facility intake, D - Penland bridge.
Instream samples shall be grab samples and shall be conducted 3/week.
2. This discharge shall not cause the turbidity of the receiving waters to exceed 10 NTU. If the
turbidity exceeds 10 NTU due to natural conditions, the discharge shall not cause any
increase in turbidity.
3. The pH shall not be less than 6.0 standard units nor greater than 10.0 standard units.
4. Chloride shall be monitored quarterly during the same months as toxicity testing.
5. Chronic Toxicity (Ceriodaphnia) Pass /Fail at 11 %: January, April, July and October. See
Special Condition A (2).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Is
Permit Number NC0000175
A. (2). CHRONIC TOXICITY PERMIT LIMIT (QRTRLY)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubia at an effluent concentration of 11 %.
The permit holder shall perform at a minimum, auarterly monitoring using test procedures
outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised
February 1998, or subsequent versions or "North Carolina Phase Il Chronic Whole Effluent
Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. The tests will be
performed during the months of January, April, July and October. Effluent sampling for this
testing shall be performed at the NPDES permitted final effluent discharge below all treatment
processes.
If the test procedure performed as the first test of any single quarter results in a failure or
ChV below the permit limit, then multiple- concentration testing shall be performed at a
minimum, in each of the two following months as described In "North Carolina Phase II
Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent
versions.
The chronic value for multiple concentration tests will be determined using the geometric mean
of the highest concentration having no detectable impairment of reproduction or survival and the
lowest concentration that does have a detectable impairment of reproduction or survival. The
definition of "detectable impairment," collection methods, exposure regimes, and further
statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity
Test Procedure" (Revised - February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR -1) for the months in which tests were performed, using the
parameter code TGP3B for the pass /fail results and THP313 for the Chronic Value. Additionally,
DWQ Form AT -3 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699 -1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section
no later than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical /physical measurements
and all concentration /response data, and be certified by laboratory supervisor and ORC or
approved designate signature. Total residual chlorine of the effluent toxicity sample must be
measured and reported if chlorine is employed for disinfection of the waste stream.
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Guerra, Bob
From: Williams, Ed
Sent: Thursday, May 13, 2010 9:41 AM
To: Guerra, Bob
Subject: FW: GPS, Turbidity and SS Results from Unimin Slug at Penland
Attachments: slug5.jpeg; slug1.jpeg; slug2.jpeg; slug3.jpeg; slug4jpeg.jpeg; source4.jpeg; source1.jpeg;
source2.jpeg; source3.jpeg; postslug.jpeg; NorthToe- 4.tif; NorthToe -4.tif
Ed Williams - Ed.Williams @ncdenr.gov
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Aquifer Protection Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: 828 - 296 -4500
Fax: 828 - 299 -7043
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.
From: Aaron, James
Sent: Monday, May 03, 2010 5:51 PM
To: Edwards, Roger
Cc: Haynes, Keith; Wiggs, Linda; Barnett, Kevin; Williams, Ed; Cranford, Chuck, Wilson, Susan A
Subject: GPS, Turbidity and SS Results from Unimin Slug at Penland
Hello Everybody,
Attached is an aerial photo with GPS locations of all significant features from the Penland Bridge to the discharge point.
There was a set of 2 x 36" culverts that were not discharging. I showed the Railroad spur going up in to the Unimin plant
and a 48" culvert that was discharging a few GPM of visually clean water. The violation came from an set of intake and
discharge pump houses of questionable integrity. I witnessed pipes sealed with closed cell foam and duct tape...
Pretty shoddy for a multi - billion dollar a year industry. There was over 2' of deposition at the mouth of the discharge.
Results from the my Turbidity and SS samples are as follows. The North Toe is C Trout 1 believe
Penland Bridge
14:00 TB -60 SS-93
14:10 TB -140 SS-204
14:20 TB -140 SS-214
At this point I proceeded up stream to the source and sampled the river approximately 50' upstream.
50' Upstream of Pump Station
The water upstream of the pumping operation was as clear as I've ever seen this river.
After making my way back to the bridge and inquiring at the post office, the river was mostly clear with its standard mild
green hue.
Penland Bridge
15:40 TB -1.3 SS-22
This documented event matches the pattern of complaints we have been receiving for quite some time. The flood gates
are opened just long enough to purge. Within an hour and a half the slug had almost completely blown it's suspended
load downstream and deposited the larger particulate in the slow spots behind the rocks. I witnessed linear depositions
18 -20" deep in these slow spots from the Penland Bridge to the discharge point. I sampled deposition from the mouth
of the discharge for comparison with the deposition downstream. I'm no geologist but they certainly appear to be
similar in particle size and color. Could the soils lab tell us anything from a comparison? Does anyone have a list of the
flocculants used at this type of facility? Can we test for them? Are they neurotoxins like some of the other ones?
Interestingly enough this incident occurred about a half hour after Linda Wiggs completed an inspection of the Unimin
facility at Schoolhouse. She didn't think it was necessary to do my sampling concurrently but my suspicious nature
prevailed and I did it anyway. I had a hunch that if someone were to illegally discharge, then right after the inspector
left would be a great time to do it. Did they ever give the required call about this one? I hope this information provides
the necessary leverage to result in some serious BMPs and monitoring not completed by the folks we're charged with
regulating.
Let me know if there's anything I can do to help.
Regards,
James Aaron
James P Aaron - James.Aaron @ncdenr.gov
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Surface Water Protection Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: 828 - 296 -4500
Fax: 828 - 299 -7043
" Forgive me my nonsense, as I also forgive the nonsense of those who think they talk sense."
-Robert Frost
From: Aaron, James
Sent: Wednesday, April 14, 2010 10:17 AM
To: Edwards, Roger
Cc: Wiggs, Linda; Haynes, Keith; Williams, Ed
Subject: Penland Slug Yesterday
Mornin' Roger,
I was sampling the North Toe yesterday at Penland when I actually physically witnessed the slug we've been chasing.
Relatively clear water in a matter of a few minutes turned light brown and turbid across the entire river. In the process
of sampling an old man who wished to remain anonymous came out on the bridge stating that he knew where the
discharge was coming from and that it very regularly comes from this spot. He showed me a discharge point about
mile upstream out an old mining road that was at that time not flowing. We figured they had stopped before we got
there and went back. The trail leaves the river for a time and when we rejoined it the turbidity was still flowing.
Following a different smaller trail we proceeded upstream until we found the source. I did not have a gps unit with me
but can get back. The site can be accessed from the railroad tracks for a shot to determine who's problem it is. I have
upstream and downstream samples but couldn't get to the far side of the river for a sample of the actual effluent. There
has been no rain in the area in some time. I'll let you know how the numbers come up when Kathy gets done. Let me
know how to proceed.
Regards,
James Aaron
James P Aaron - James.Aaron @ncdenr.gov
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water quality - Surface Water Protection Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: 828 - 296 -4500
Fax: 828 - 299 -7043
" Forgive me my nonsense, as I also forgive the nonsense of those who think they talk sense."
-Robert Frost
From: Edwards, Roger [mailto:roger.edwards @ncdenr.gov]
Sent: Tuesday, April 13, 2010 5:04 PM
To: DENR .DWQ.SWPARO @lists.ncmail.net
Subject: FW: Donna Saunders
fYl
Roger Edwards - Roger. Edwards @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: 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.
From: Satterwhite, Dana [mailto :dana.satterwhite @ ncdenr.gov]
Sent: Tuesday, April 13, 2010 1:50 PM
To: DENR. DWQ. LABCOLLECTORS @lists. ncmall. net ( DENR. DWQ. LABCOLLECTORS @lists.ncmall.net)
Cc: Wiggins, Kent
Subject: FW: Donna Saunders
Please read the forwarded email from Kent Wiggins regarding a change in contact for sampling and supply issues.
Thank you,
Dana
r Dana Satterwhite
NC DWQ Laboratory SeCOm
C arfiicabon uhit S gwvbw - QA/QC
(919) 733 -3908 exL 243 Work
dana.satW rwhiteDrxdea %gov
1623 Mai Service Center
Raleiggh, NC 27699-V)23
www.dwglab.org
Note: My email address has changed to dana.satterwhite @ncdenr.gov. Email sent to the old address will forward to the
new address only for a short period of time. Please update your records accordingly.
E -mail correspondence to and from this address mm/ be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Wiggins, Kent [ mailto:kent.wiggins @ ncdenr.gov]
Sent: Tuesday, April 13, 2010 1:18 PM
To: denr .dwq.labsec @lists.ncmail.net
Subject: Donna Saunders
All,
I wanted to let everyone know that Donna is resigning and going on disability. She has suffered with fibromyalgia for
several years and the pain had gotten worse overtime.
As Donna has been out for several days now, I have had a chance to learn all the things she helped out with here. Please
bear with us as we try to take care of the duties she carried out for us
We will miss Donna and I hope her the best as she deals with her illness.
For issues specific to the receiving room, please contact Heather Parker in the interim for supplies and sampling issues.
Thanks
Kent Wiggins
Section Chief
DWQ Chemistry Lab
4405 Reedy Creek Road
Raleigh, NC 27607
P- 919/733 -3908, ext. 202
F- 919/733 -6241
Email Correspondence to and from this sender is subject to N.C. Public Records Law and may be disclosed to third
parties.
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File name: NorthTOeA.td
Size: 2 MB
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last changed Monday, May 03, 2010
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..: unimin
;' = == �� Emirornner�l Aifaira
Unimin Corporation
136 Crystal Drive • Spruce Pine, NC 28777
(PHONE) 828/766-6081 • (FAX) 828/765 4755 p '
D April 19 2010
APR 212010
CERTIFIED MAIL
ilN =WAt�� U9RANCH
RETURN RECEIPT REQUESTED
Ms. Coleen H. Sullins, Director
NCDENR - Division of Water Quality
1617 Mad Service Center
Raleigh, North Carolina 27699 -1617
Subject: Request for Removal of Pesticide Sampling Requirements
Unii i Corporation's Quartz /Feldspar Facility
NPDES Permit NC0000175
Dear Ms. Sullins:
Per Section A (7) of NPDES Permit NC0000175 issued to Unimin Corporation's
Quartz /Feldspar facility (cover dated February 11, 2008), Unitom requests that you remove
the pesticide monitoring requirement for Lindane as there is no reasonable potential to
exceed the allowable concentration, nor does Unimin have any control over the minute
amount of pesticides that are being pulled into the process from the N. Toe River-
As previously noted, the Waste Reduction Partners' Director, NC Division of
Pollution Prevention and Environmental Assistance, agrees that none of Unimin's raw
materials, mined residues, r .., �:.�:..,� reagents used in the flotation and r ... L. isolation
processes, wastewater treatment chemicals, or any other onsite chemical use could be the
sources of Iindane or Heptachlor found in effluent analyses. The Waste Reduction Partners
fiwdier agree that any traces of these pesticides mast already be present in influent water,
which have, in fact, been detected in the source — influent water from the North Toe Rives
The facility has had no further hits for Lmdane since the permit was modified on
February 11, 2008. We are certain that the pesticides detected in the past are due to
stormwater runoff from the numerous Christmas tree farms looted upstream in both Avery
& Mitchell counties.
Unimin continues to protest the ;... V , j, ,..on of effluent monitoring requirements for
Lmdane due to the fact that any positive analyses for these pesticides are beyond our controL
Unimin has continued to monitor and incur the unnecessary expenses associated with the
Ms. Caleen H. SWfim Dkectorr
Apnl 19, 2010
Page 2
pe6cidc Unin in .. i that yar Division review the data to
detiermmra if reasonable . :..:.'.I to c=eed the sHoAVabk coucentmbw exam Your
Division siso�/uyi con= vh h the Waste Reduction Pactmers and remove the mraphng
... .4 . ; . l W , 6 w . , . from the �LLYY
If you have any , , ... ; . , „ or requite further in' ; , q pkm do not hesitate to
concoct me at (828) 765 -1114 ext.13. Thank you very mmch for yow help with this mattm
Sinoerdy,
Jeffaey S. ri P. E.
E,.,, :., "..:� _.�,IEngineer
UNDdIN CORPORATION
a EA Filer Do% MTar, Sftw Wi}sm