NC0000353_PC20170047_CPA_20171128

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Violator: The Quartz Corp USA
Permit # NC0000353
County: Mitchell
Case Number: PC -2017-0047
ASSESSMENT FACTORS
As required by G.S.143-214.6A(c), in determining the amount of the penalty I considered the factors set out in
G.S. 143B -282.1(b), which are:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
All overflows may be detrimental to the environment but may not be immediately quantified.
2) The duration and gravity of the violation;
The duration and gravity to the waterbody is unknown. However, no fish kill was reported.
3) The effect on ground or surface water quantity or quality or on air qualtiy;
All overflows may be detrimental to the environment but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
Unknown.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
Since 2000 there have been 10 reported overflows at this facility.
8) The cost to the State of the enforcement procedures.
$123.59
11,28,2017
Date
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

Water Resources
Emwirxnkmenial Qualily
November 28, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7016 1370 0001 6572 2260
Gregory Taveras
The Quartz Corp USA
8342 South 226 Bypass
Spruce Pine, NC 28777
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NC0000353
The Quartz Corp USA
Altapass WWTP
Case No. PC -2017-0047
Mitchell County
Dear Mr. Taveras:
ROY COOPER
MICHAEL _ RE+GAN
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LROA ULPEPPER
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This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,123.59
($3,000.00 civil penalty + $123.59 enforcement costs) against The Quartz Corp USA.
This assessment is based upon the following facts: a review has been conducted of the bypass 5 -day report
submitted by The Quartz Corp USA on September 11, 2017, and received in the Asheville Regional Office on
September 11, 2017, written response to the Notice of Violation (NOV-2017-PC-0615) received in the
Asheville Regional Office on October 10, 2017. This review has shown the subject facility to be in violation of
the permit conditions found in NPDES Permit NC0000353. The violation which occurred is summarized in
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that The Quartz Corp USA violated the terms,
conditions or requirements of NPDES Permit NC0000353 and G.S. 143-215.l(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil
penalty may be assessed against any person who violates the terms, conditions or requirements of a permit
required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I,
Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make
the following civil penalty assessment against The Quartz Corp USA:
State of North Carolina I Environmental Quality I Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828-296-4500

$3000.00 1 of 1 violation of North Carolina GS -143-215.1 and Permit # NC0000353 for a Bypass
Overflow of 25,000 gallons of untreated wastewater from the tailings pump house and
tank.
$3000.00 TOTAL CIVIL PENALTY
$123.59 ENFORCEMENT COST
$3123.59 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G. S. 143B -282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or air Resources;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include
waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or
new violation(s). Please submit payment to the attention of.
Point Source Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Because a remission request forecloses the

option of an administrative hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit
it to the Division of Water Resources at the address listed below. In determining whether a remission request
will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
The Director of the Division of the Division of Water Resources will review your evidence and inform you of
his decision in the matter of your remission request. The response will provide details regarding the case status,
directions for payment, and provision for further appeal of the penalty to the Environmental Management
Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee
cannot consider information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of your request
for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days
of receipt of this notice. The Division of Water Resources also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following addresses:
Point Source Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
G. Landon Davidson
NCDEQ
2090 U.S. Hwy 70
Swannanoa, NC 28778
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice.
A petition is considered filed when it is received in the Office of Administrative Hearings during normal office
hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00
a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed

with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of
the document is received in the Office of Administrative Hearings within five (5) business days following the
faxed transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone], Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to:
General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an
internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact the Linda Wiggs of the Asheville Regional Office at 828-296-4500.
Sincerely,
pr-
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Enforcement File w/ attachments
Central Files w/ attachments
G:\WR\WQ\Mitchell\Wastewater\hidustrial\Feldspar Corp IMERYS ALTAPASS 00353\Bypass 9-11-2017\PC-2017-0047.Bypass.doc

JUSTIFICATION FOR REMISSION REOUEST
DWQ Case Number: PC -2017-0047 County: MITCHELL
Assessed Party: THE QUARTZ CORP USA
Permit No.: NC0000353 Amount Assessed: $$3123.59
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission
of this civil penalty. You should attach any documents that you believe support your request and are necessary
for the Director to consider in evaluating your request for remission. Please be aware that a request for
remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of
the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting
whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Pursuant to N.C.G.S. § 143B-282.I(c), remission of a civil penalty may be granted only
when one or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why the factor
applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1 (b) were wrongfully
applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e.,
explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions
(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to
achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF MITCHELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
THE QUARTZ CORP USA
ALTAPASS WASTEWATER FACILITY
PERMIT NO. NC0000353
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC -2017-0047
Having been assessed civil penalties totaling $3123.59 for violation as set forth in the assessment
document of the Division of Water Resources dated November 27, 2017, the undersigned, desiring to seek
remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated
matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further
understands that all evidence presented in support of remission of this civil penalty must be submitted to the
director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No
new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of
assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT A
The Quartz Corp USA
CASE NUMBER: PC -2017-0047
PERMIT NO: NC0000353
FACILITY: Altapass WWTP
REGION: Asheville
COUNTY: Mitchell
VIOLATION VIOLATION PENALTY
DATE AREA TYPE VIOLATION DESCRIPTION AMOUNT
9/11/2017 Tailings pump house area Bypass Unpermitted discharge $3000.00