NC0090212_Permit (Issuance)_20240325

NPDES Permit NCO090212
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
NPDES PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision 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,
Albemarle Kings Mountain Lithium Project
is hereby authorized to discharge wastewater from a facility located at:
Kings Mountain Mine
348 Holiday Inn Drive
Kings Mountain
Cleveland County
to receiving waters designated as unnamed tributary to Kings Creek in the Broad River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II,
and III hereof.
This permit shall become effective April 1, 2024.
This permit and authorization to discharge shall expire at midnight on March 31, 2029.
Signed this day March 25, 2024.
Douglas Dowden
Environmental Program Supervisor II
Division of Water Resources
By Authority of the Environmental Management Commission
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NPDES Permit NCO090212
SUPPLEMENT TO PERMIT COVER SHEET
The exclusive authority to operate and discharge from this facility arises under the permit conditions,
requirements, terms, and provisions included herein.
Albemarle Kings Mountain Lithium Project
is hereby authorized to:
Discharge mine dewatering and comingled stormwater from a wastewater treatment facility that
includes the following components:
• Two stages chemical oxidation
• Media filtration
• Membrane Filtration
2. Discharge mine dewatering and comingled stormwater from said treatment works from Outfall 001
at the location specified on the attached map from Pit Lake through Outfall 001 to unnamed
tributary to Kings Creek, which is classified as C waters in the Broad River Basin.
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NPDES Permit NCO090212
PART I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 001)
[15A NCAC 0213.0400 et seq., 0213.0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration, the permittee is
authorized to discharge from Outfall 0011. Such discharges shall be limited and monitored by the permittee
as specified below:
PARAMETER
DISCHARGE LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location 2
Flow 3
5.0 MGD
Continuous
Recording
E
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Monthly
Grab
E
Turbidity 4 NTU
Monthly
Variable
Grab
Grab
E
(U, D)4
Total Nitrogen, mg/L
Quarterly
Grab
E
Total Phosphorus, mg/L
Quarterly
Grab
E
Temperature (°C)
Monthly
Grab
E
Total Chlorides
241.6 mg/L
241.6 mg/L
Monthly
Grab
E
Total Copper
8.28 pg/L
10.92 pg/L
Monthly
Grab
E
Total Cyanide
5.3 pg/L
22.9 pg/L
Monthly
Grab
E
Total Fluoride
1,890.6 pg/L
1,890.6 pg/L
Monthly
Grab
E
Total Mercury, ng/L
Annual
Grab
E
Total Selenium
5.3 pg/L
58.4 pg/L
Monthly
Grab
E
Total Silver
0.063 pg/L
0.309 pg/L
Monthly
Grab
E
Total Zinc, pg/L
Quarterly
Grab
E
Total Cadmium, pg/L
Quarterly
Grab
E
Total Sulfide
0.22 pg/L
0.22 pg/L
Monthly
Grab
E
NH3-N
(April 1 — October 31)
1.05 mg/L
1.05 mg/L
Monthly
Grab
E
NH3-N
(November 1 — March 31)
1.89 mg/L
1.89 mg/L
Monthly
Grab
E
pH
Between 6.0 and
9.0 standard units
Monthly
Grab
E
Chronic Toxicity 5
Quarterly
Grab
E
pH
Temperature (°C)
Monthly
Monthly
Grab
Grab
D
D
NOTES
1. This outfall discharges mine dewatering and comingled stormwater.
2. Sample Locations: E — Effluent, U — Upstream, approximately 100 ft above discharge, D —
Downstream, approximately 150 ft below discharge.
3. Total flow volume shall be recorded by a continuous flow measurement instrument. Alternatively,
pump curves and pump logs may be used as a means to calculate flow volume.
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NPDES Permit NCO090212
4. The discharge shall not cause the turbidity of the receiving waters to exceed 50 NTU. If the turbidity
exceeds this level due to natural background conditions, the discharge level cannot cause any
increase in the turbidity in the receiving waters. Instream turbidity monitoring shall not be required
unless effluent turbidity exceeds 50 NTU. If effluent turbidity exceeds 50 NTU, instream and effluent
monitoring shall be conducted weekly during the months of June, July, August, and September and
monthly during the remaining months of the year until effluent turbidity is less than 50 NTU.
5. Chronic Toxicity (Ceriodaphnia Dubia) P/F @ 90.0% with testing in February, May, August, and
November. See special condition A. (5.).
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR FOAM VISIBLE IN OTHER THAN TRACE AMOUNTS.
The proposed discharge is estimated to last anywhere from 10 months to 24 months depending on
the environmental conditions.
A. (2.) PUMPING OPERATION AND MONITORING PLAN
[NCGS 143-215.3(a)(2)]
The permittee shall secure an approved pumping operation and monitoring (O&M) plan. The pumping O&M
plan shall include, but is not limited to, the following:
• A detailed site plan showing wetlands, ditches, well placements, pits, borrow areas, overburden storage,
stormwater controls/BMPs, vehicle maintenance areas, total drainage area, and access/haul roads,
• Detailed plans to maintain the surrounding hydrology that protects the affected streams and wetlands
and the respective monitoring to demonstrate compliance, and
• The pumping regime deemed necessary to protect affected streams and wetlands.
Approval of the pumping O&M Plan by the Division is required prior to the commencement of dewatering
operations. Submit three (3) copies of the Pumping O&M Plan to the following address:
North Carolina Division of Water Quality
Water Quality Permitting Section/Industrial NPDES Permitting Unit
1617 Mail Service Center
Raleigh, N.C. 27699-1617
A. (3.) BEST MANAGEMENT PRACTICES (BMPS)
[NCGS 143-215.1(b)]
The permittee shall maintain stormwater BMPs for disturbance areas, and any other areas associated with
mining or vehicle maintenance activities. Appropriate BMPs should be used to divert, infiltrate, reuse, or
otherwise manage stormwater runoff in a manner that reduces pollutants in stormwater discharges from
Outfall. Any stormwater controls shall be regularly inspected.
BMPs shall include a preventative maintenance program, which shall ensure equipment used during
mining activities will be operated and maintained to prevent pollution of the surface water or groundwaters
of the state. Fuels, lubricants, coolants, hydraulic fluids, and other petroleum products shall not be
discharged on the ground or into surface waters. Spilled fluids shall be cleaned up to the maximum extent
practicable and properly disposed.
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NPDES Permit NCO090212
A. (4.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[NCGS 143-215.1 (b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program
reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21,
2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this permit
(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.)
• Section D. (6.)
• Section E. (5.)
Reporting
Records Retention
Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring
data and submit DMRs electronically using the internet. Until such time that the state's eDMR application
is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be
required to submit all discharge monitoring data to the state electronically using eDMR and will be
required to complete the eDMR submission by printing, signing, and submitting one signed original and
a copy of the computer printed eDMR to the following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility
being physically located in an area where less than 10 percent of the households have broadband access,
then a temporary waiver from the NPDES electronic reporting requirements may be granted and
discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms
approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See
"How to Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due on the last day of the month following the
issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
Starting on December 21, 2025, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
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NPDES Permit NCO090212
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver
from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(I)(9), the permittee must identify the initial recipient at the time of each
electronic submission. The permittee should use the EPA's website resources to identify the initial
recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA
or the state authorized by EPA to implement the NPDES program) that is the designated entity for
receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each
type of electronic submission and for each state. Instructions on how to access and use the appropriate
electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule
is found at: https://www.federalregister.gov/documents/2015/10/22/2015-24954/national-pollutant-
discharge-elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the
Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division
for written approval at least sixty (60) days prior to the date the facility would be required under this permit
to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5
years and shall thereupon expire. At such time, monitoring data and reports shall be submitted
electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic
reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only
permittees with an approved reporting waiver request may submit monitoring data and reports on paper
to the Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on the
following web page:
http://deg.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section
B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting
purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account
and login credentials to access the eDMR system. For more information on North Carolina's eDMR
system, registering for eDMR and obtaining an eDMR user account, please visit the following web page:
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NPDES Permit NCO090212
http://deg.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"1 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. 1 am aware that there are significant
penalties for submitting false information, including the possibility of fines and imprisonment for knowing
violations. "
5. Records Retention [Supplements Section D. (6.)l
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions.
These records or copies shall be maintained for a period of at least 3 years from the date of the report.
This period may be extended by request of the Director at any time [40 CFR 122.41 ].
A. (5.) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY)
[15A NCAC 02B .0200 et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality
to Ceriodaphnia dubia at an effluent concentration of 90%.
The permit holder shall perform at a minimum,quarter lX monitoring using test procedures outlined in the
"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or
subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -
December 2010) or subsequent versions. The tests will be performed during the months of February, May,
August, and November. These months signify the first month of each three-month toxicity testing quarter
assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent
discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment
processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below
the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the
two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test
Procedure" (Revised -December 2010) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B
for the pass/fail results and THP313 for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be
sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Or, results can be sent to the email: ATForms.ATBgncdenr.gov.
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NPDES Permit NCO090212
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days
after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate
signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is
employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,
the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating
the facility name, permit number, pipe number, county, and the month/year of the report with the notation of
"No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at
the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will
be required during the following month. Assessment of toxicity compliance is based on the toxicity testing
quarter, which is the three month time interval that begins on the first day of the month in which toxicity
testing is required by this permit and continues until the final day of the third month.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of
Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and
modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, minimum control organism reproduction, and appropriate environmental controls, shall
constitute an invalid test and will require immediate follow-up testing to be completed no later than the last
day of the month following the month of the initial monitoring.
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