NC0089168_Sound Rivers_Comments_20240923

9/23/24, 11:19 PM Mail-Denard, Derek-Outlook
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[External] NPDES Permit No. NCO089168 Comments
From Katey Zimmerman <[e-mail]>
Date Mon 9/23/2024 8:24 PM
To Denard, Derek <[e-mail]>; Rogers, Richard E <[e-mail]>
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MMM NPDES Renewal Comments 1.pdf,
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Good evening Mr. Denard and Mr. Rogers,
Thank you for considering the attached comments from Sound Rivers regarding the renewal of
Martin Marietta Material's NPDES permit (NC0089168). I look forward to hearing from you about the
decision for public hearings and a comment extension. As of today (September 23rd), 346 comments
have been sent using the "action alert" on our website, many community members have sent
separate comments, and at least 25 postcards requesting public hearings and a comment extension
were sent to your offices in Raleigh. We strongly believe this satisfies the requirement for "significant
public interest" and hope you share that same sentiment!
Thank you,
Katey Zimmerman
Sound Rivers, Inc.
Pamlico Tar Riverkeeper
[e-mail]
www.soundrivers.org
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SOUND
RIVERS
PROTECTING THE NEUSE&TAR-PAMUCO
September 23, 2024
Via email
Derek Denard, Program Consultant
N.C. Department of Environmental Quality
Division of Water Resources
217 West Jones Street
Raleigh,NC 27603
877-623-6748
[e-mail]
Re: Sound Rivers comments on draft NPDES Permit No. NCO089168 for Martin Marietta
Materials Vanceboro Quarry
Dear Mr. Denard,
Thank you for the opportunity to comment on the draft NPDES permit No. NCO089168 for
Martin Marietta Materials Vanceboro Quarry ("Draft Permit"). Sound Rivers, founded in 1981,
is a grassroots environmental organization representing more than 2500 members and is a
licensed member of Waterkeeper Alliance, Inc. Our mission is to monitor, protect, and enhance
the Tar-Pamlico and Neuse River watersheds while promoting environmental justice. Sound
Rivers has been involved in this project since its very beginning when Sound Rivers staff
discovered plans for the mine in 2011. Sound Rivers and its members continue to have vested
interest in this permit renewal. As described in detail below, Sound Rivers has numerous
concerns that persist regarding the reissuance of Martin Marietta Materials' Vanceboro Quarry's
NPDES Permit No. NCO089168 in regards to the water quality and biological integrity of the
proposed receiving stream, lack of up to date reference conditions, unclear protocols for data
analysis and interpretation, and insufficient monitoring requirements. Sound Rivers opposes the
issuance of the Draft Permit as it is currently written as it fails to protect the biological integrity
of Blounts Creek. We encourage the Division to evaluate alternatives to direct discharge of the
proposed full 12 MGD into Blounts Creek.
Blounts Creek
Blounts Creek(Lower SB,NSW,upper—C, Sw,NSW) is a brackish creek system and an
important aquatic nursery area for numerous species. As noted by the NC Division of Marine
Fisheries (DMF), Blounts Creek supports dense submerged aquatic vegetation(SAV)beds. The
DMF also confirms that the system is used by anadromous fish for spawning migrations and
nursery areas, and resident species'. Blounts Creek is also an important recreational resource for
Beaufort County. Two public boat ramps are located on Blounts Creek. Recreational fishermen
' DMF Letter from Kevin Hart to William Wescott,January 3,2012.Martin Marietta Materials Mine-Vanceboro Site(Beaufort/Craven County)
P.O. Box 1854
IIATI/I/I►II AWAM<I
MUM" Washington, NC 27889
New Bern [phone] — Raleigh (919) 856-118o — Washington [phone]

SOUND
RIVERS
PROTECTING THE NEUSE&TAR-PAMUCO
utilize Blounts Creek year round. The creek and Blounts Bay are also an important economic
resource for some commercial crabbers and local fishing guides.
Blounts Creek is a coastal, blackwater stream, a type of stream that is more acidic and saline than
other freshwater systems. The upper portion of Blounts Creek,which will be most affected by
the 12 MGD discharge, is secondarily classified as a swamp water. Swamp waters ("Sw") are
waters " that have natural characteristics due to topography, such as low velocity, dissolved
oxygen, or pH, that are different from streams draining steeper topography i2. The natural
characteristics of a swamp water-- low flow, low concentrations of dissolved oxygen, high
concentrations of tannins, and low pH -- are what create Blounts Creek's particular habitat. These
defining characteristics must be protected to maintain biological integrity, which is required
under state law.
Biological Integrity
As a Class C water, Blounts Creek is subject to a "best usage of waters" narrative water quality
standard, which provides that these waters "shall be suitable for aquatic life propagation and
maintenance of biological integrity, wildlife, secondary recreation, and agriculture"3. Biological
integrity is "the ability of an aquatic ecosystem to support and maintain a balanced and
indigenous community of organisms having species composition, diversity, population densities
and functional organization similar to that of reference conditionsi4.
It is undisputed that the proposed discharge would change the water chemistry of Blounts Creek.
MMM's own consultants have projected that the discharge could change the creek's water
chemistry to the extent that the supplementary state classification of upper Blounts Creek as a
swamp water would no longer apply5. If Blounts Creek were to lose the characteristics of a
swamp water, its biological integrity would be lost as well. The N.C. Wildlife Resources
Commission("NCWRC") has predicted that just such a scenario could occur if the discharge is
approved. In general, changes in flow, salinity,pH, and metal concentrations caused by the
proposed discharge, and the "potential conversion of riparian wetlands from brackish to more
fresh," could "lead to a change in habitat" and"discourage several species from using the
creek." 6
Updated Reference Conditions
Six consulting reports were completed between the years 2008 and 2012 to identify reference
conditions and model potential impacts of the proposed limestone mine operation. A list of these
consulting reports in no particular order are outlined below:
2 15A N.C.Admin.Code 0213.0202(55)
s 15A N.C.Admin.Code 02B.0211(2)
a 15A N.C.Admin.Code 02B.0202(13)
5 Technical Memorandum.Stability,Flood,and Water Quality Analyses,Vanceboro Site,Martin Marietta Materials,Craven and Beaufort
Counties,North Carolina.Kimley-Horn and Associates,Inc.September 6,2012(4,9,12)
6 Letter from David R.Cox(North Carolina Wildlife Resources Commission)to William Wescott(US Army Corps of Engineers)and Ian
McMillan(DWQ),January 18,2012
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P.O. Box 1854
MAT92924►/2 A:LtAh:
Wme" Washington, NC 27889
Qvowu
New Bern [phone] — Raleigh (919) 856-118o — Washington [phone]

SOUND
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PROTECTING THE NEUSE&TAR-PAMUCO
• "Stability, Flood, and Water Quality Analyses", Kimley-Horn and Associates, IncJune 14
2012
• "Geomorphic and Hydraulic Analysis for the Proposed Built- out Dewatering
Discharge", Kimley-Horn and Associates, Inc, July 14, 2010
• "Engineering Alternatives Analysis", Groundwater Management Associates, September
14, 2012
• "Hydrogeologic Characterization and Predictive Modeling Analysis", Groundwater
Management Associates, April 2, 2008
• "Aquatic Habitat Assessment of the Upper Headwaters of Blounts Creek in the Vicinity
of a Potential Quarry Site near Vanceboro, Beaufort County,NC", CZR Incorporated,
August 2011
• "Technical Memorandum to address potential direct and indirect effects on identified fish
populations from predicted changes in Blounts Creek water quality as identified in
Kimley Horn and Associates, Incorporated(KHA) Stability, Flood, and Water Quality
Analyses Technical Memorandum dated 06 September 2012 and CZR outline dated
August 6, 2012.",CZR Incorporated, October 30, 2012
The terms of Martin Marietta Materials' NPDES permit, originally issued in 2013 are based on
data that was collected more than 15 years ago. Updated reference conditions must be
established in order for the Department of Water Resources (DWR) to adequately "prevent
violation of water quality standards due to the cumulative effects of permit decisions"'. Natural
water quality conditions like pH and salinity, aquatic species population, flow, and geomorphic
channel dimensions have the potential to change over time. Martin Marietta Materials should be
required to redo these consulting reports in order to reestablish reference conditions in Blounts
Creek before they are able to begin mining activities.
Water Supply Response Plan
The Hydrogeologic Characterization and Predictive Modeling Analysis was completed by
Groundwater Management Associates (GMA) in 2008 in order to assess the potential impacts of
mine dewatering activities to landowner wells within the drawdown zone of the mine. The
maximum zone of>5 feet of drawdown influence for the Vanceboro Quarry was established by
testing and modeling activities. This is an oval shaped drawdown zone that extends
approximately 6 miles west and 7 miles east of the center of the proposed quarry$. This report
estimated(as of 2008) close to 200 landowners may be negatively impacted by the mine
dewatering activities. Since 2008, it is likely that the amount of private landowner wells within a
7 mile radius of the mine has significantly changed. The current numbers should be reflected in
an updated Water Supply Response Plan. In 2008, Groundwater Management Associates also
identified 12 potential sinkholes within the drawdown zone. Another study must be done before
mining activities begin to determine where potential sinkholes exist now.
Monitoring Requirements
G.S.143-215.1
e Martin Marietta Materials,Water Supply Response Plan,2013
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P.O. Box 1854 disham
MAilt{ll►/t ALLIA N;t
I+EIi " Washington, NC 27889
Qvohm
New Bern [phone] — Raleigh (919) 856-118o — Washington [phone]

SOUND
RIVERS
PROTECTING THE NEUSE&TAR-PAMUCO
Turbidity Monitoring
The Draft Permit requires that MMM conducts monthly monitoring of various water quality
parameters of the effluent at both discharge sites. One of these required parameters is turbidity.
According to the Draft Permit, "If effluent turbidity exceeds 50 NTU, instream 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"9. While we
agree that continuous weekly monitoring should occur if measurements exceed the standards,we
recommend that this monitoring persist throughout all months of the year, not limited to the
summer months, as damage from high turbidity and sedimentation can occur year-round.
If turbidity in the effluent at either outfall were to exceed turbidity standards, MMM should also
be required to sample and monitor turbidity levels in the receiving stream in addition to
monitoring the turbidity in the effluent.
Additionally, there is no language provided in the Draft Permit establishing that corrective
actions must take place to decrease turbidity levels in the effluent. We recommend that a
decrease or halt in discharge should also be included in the requirements in order to ensure that
ongoing sediment pollution does not affect downstream water quality and species. One potential
avenue for enforcement of turbidity is that the discharge be halted if average turbidity over the
course of one month is over 50 NTU, this would leave room for one exceedance, but not ongoing
exceedances over time.
Erosion and Bank destabilization monitoring
Excessive or accelerated erosion has numerous negative consequences. Sediment can cover
spawning fish habitats, disturb filter feeders, and decrease the biodiversity of species, thus
reducing ecosystem functions. Streambank erosion can contribute phosphorus, nitrogen,
mercury, lead, and other metals or radioactive pollutants to downstream waters. Streambed
incision and associated bank failures can cause structural damage or failures that are a public
safety hazardlo
When MMM reaches its height of discharge (12 MGD total), 6MGD discharged into two very
small headwater tributaries has the potential to significantly erode and destabilize the banks,
which could lead to the above water quality problems.
A geomorphic and hydraulic analysis was completed in 2010 to analyze how the discharge
would impact the receiving streams. The two selected outfall locations in this draft permit most
closely correspond to UT2 Lower(Outfall 001) and UT3 (Outfall 002). The base flow conditions
as estimated in 2010 for UT2 Lower is 0.17 cubic feet per second(cfs) and UT3 had base flow
too low to measure". According to the report, "when the proposed built-out discharge is added
to the base flow discharge on UT2 Lower, the resulting discharge exceeds the capacity of the
v "Draft Permit", P.5-6
10 NC State Extension,"How to Monitor Streambank Erosion and Estimate Resulting Sediment and Nutrient Loads",2024
" Kimley Horn and Associates,Geomorphic and Hydraulic Analysis,2010(2)
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P.O. Box 1854 Ewafflmlaw
MAtlt{II►/t A.1-h't
I LM" Washington, NC 27889 � Qvowu
New Bern [phone] — Raleigh (919) 856-118o — Washington [phone]

SOUND
RIVERS
PROTECTING THE NEUSE&TAR-PAMUCO
bankf ill channel and overtops the banks... UT2 Lower would likely experience adjustments due
to the proposed built-out and '/2 built-out discharge"12. UT3 would also "likely experience
channel adjustments due to shear stress and stream power values"13. Both channels, with the
addition of the 12 MGD would produce flows that equal or exceed the bankfull discharge.
MMM should be required to monitor the streambank erosion rates at both outfall locations,
including before discharge begins to establish reference conditions. Though it is not common
practice to require streambank erosion rates as part of the NPDES permit monitoring
requirements, the Code of Federal Regulations related to NPDES permit monitoring,40 § 123.25,
states that the permitees are required to monitor the mass of each pollutant, the volume of
effluent discharged from each outfall, and"other measurements as appropriate"14. Therefore, it is
well within DWR's authorities to require monitoring of streambank erosion as part of the
NPDES permit. The monitoring of streambank erosion is appropriate to the specific conditions of
this permit as a 12MGD discharge has the potential to significantly erode the small receiving
streams.
Erosion pins are an inexpensive, simple, and effective method to estimate soil losses due to
erosion over time. This method involves placing pins or stakes horizontally into the side of
stream banks at regular intervals. It is common that the erosion pins are measured monthly,
seasonally, or even yearly depending on conditions and reasons for monitoring. The measured
amount of the pin protruding outside of the bank indicates the amount of erosion that has
occurred. In this case, we would recommend that the pins are placed at each outfall location prior
to the onset of discharge and are measured at least monthly once discharge begins. Plans should
be set forth by DWR and specific language should be written in the permit that clearly
communicates the expectations of MMM's monitoring responsibilities and what corrective
actions must be taken if a specified level of erosion occurs. If that specified level or rate of
erosion is reached, MMM should be required to reduce or halt discharge at that outfall.
Benthic Monitoring
The draft permit requires the permittee to perform benthic sampling at the same 4 locations that
CZR Incorporated used in their 2011 and 2018 benthic surveys. The most recent benthic survey
was conducted in 2018 by CZR Incorporated, contracted by MMM as part of the monitoring
requirements in their NPDES permit issued in 2018. It is important to establish which survey
results will be used as a baseline, whether it is the 2018 survey, which seems to follow the SOP
for swamp waters, or a more recent survey that has yet to be conducted before discharge begins.
The language in the permit under benthic monitoring provisions does not specify the amount of
times a benthic survey must be conducted. The language as it stands now, would allow MMM to
conduct a benthic survey only once before the mine is operational and then conduct no further
monitoring once discharge is commenced. The benthic monitoring provisions in the draft permit
must be updated with more specific requirements so that the benthic populations are accurately
12 Id.(4)
13 Id.(4)
14 40 CFR§122.44(i)(iii)
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P.O. Box UlSh
MAilt{ll►/t A:ilANO
IMAM Washington, NC 27889 �7.
New Bern [phone] — Raleigh (919) 856-118o — Washington [phone]

SOUND
RIVERS
PROTECTING THE NEUSE&TAR-PAMUCO
monitored before and after discharge begins in order to determine if the discharge is having
negative impacts on downstream populations. We recommend that MMM be required to conduct
benthic sampling yearly during the months that satisfy the SOP for swamp waters. The draft
permit also states that MMM is not required to submit their monitoring data until 6 months
before their permit expires. We request that MMM be required to submit their monitoring data as
it is collected. If benthic populations begin showing significant changes or declines, a change or
decline in discharge rates should be enforced as well. DEQ must be clear regarding its process
and protocols that will be used to evaluate benthic data as it is submitted by the permittee. In
other words, how will DEQ evaluate benthic macroinvertebrate and other data to determine a
violation of the biological integrity standard and when permit conditions must be changed to
protect the integrity of Blounts Creek?
Conclusion
In summary, Sound Rivers maintains that issuing this permit as is would be unlawful because it
violates the water quality standard for biological integrity. However, if this permit is issued,
Sound Rivers recommends that MMM redo their consulting reports to reestablish reference
conditions in the receiving tributaries and Blounts Creek. Additionally, we recommend that more
specific and stringent monitoring requirements be included in the permit including requirements
for erosion and benthic populations monitoring.
This letter is intended to serve as preliminary comments. Upon the granting of a public hearing
and extension of the comment period, Sound Rivers plans to craft more robust and technical
comments with more specific recommendations. In the meantime, thank you for your
consideration of these comments and recommendations. If you have any questions,please do not
hesitate to contact me at kateySa�soundrivers.org or call me at 252-946-7211.
Sincerely,
Katey Zimmerman
Pamlico Tar Riverkeeper
Sound Rivers
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P.O. Box 1854 EarthSham
WAtlt{II►IN A.--h't
&IMM R Washington, NC 27889
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New Bern [phone] — Raleigh (919) 856-118o — Washington [phone]