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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. + + + + + + + + + + + + a a w a a a a a a a a a C C C T 1111011010 8 o�����$�� $g��sgssgggg� + + C C C C C C C C C C C C IiaiIIItIIIII I i i i i I i I i i i i i a 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. 4 - 10" : Powrwmm � 40 4w ol mr r ti f. ,a i lr I 41 1 a *4. QiV ft.mlp- nE IF79 P� -bb' -A Av dl dov I 1p V* 0 0 pWm- �*dke -- --wammmom, wp.� ONE . 6 r ff w 1 ii r I � c ITAI k 1� I 9 I 4 1 AJ � �r.l v T. I O r :.. + do jr r it ITAI k 1� I 9 I 4 1 AJ � �r.l a r, Pb" GPS, Turb.dt} arc SS Results from Urimin Slag at Peslard - Message (FfTML) J' -- Mrsage Related • Reply Reply Forward Delete Moveto Create Other WC), Categonze Follow Markas to All Folder- Rule Actions • Sender Up • Unread Resporid Adions Junk E -mad Options '• find File name: NorthTOeA.td Size: 2 MB Image dimensions: 1056 x 816 last changed Monday, May 03, 2010 J Message i (_ja slug5.lpeg (36 KB) -q slugl )peg 145 KB) .L)slug2.lPeg NO KBI slug.3 1peg 150 KB) LAslugtJpegdpeg (36 KB) j source4.lpeg I97 K81 1j� sourcel. /peg (102 KB) -�j source2dpeq j8I KB) -�j source3 jpeg 1113 KB) �j postslug.lpeg NS KB) j6 NorthToeN td 12 MB) !j NodhToe4.td 12 MBj ..: 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