20080868 Ver 2_General Correspondence_20090226

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 26, 2009
Glenn I. Hockney
109 White Plains Road
Middletown, Engelhard, NC 27824
Re: Response to letter concerning PCS Phosphate Company, Ins= f Aurora, NC (Beaufort
County)
Dear Mr. Hockney:
The Division of Water Quality (DWQ) has received and reviewed vour letter dated January 21,
2009. We appreciate your interest in and concern for the watil. r duality in Hyde County, and our
office has made every effort to respond to your inquiryas thoroughly as possible. Internet links
to important sites are referenced with a response where Appropriate. Files or documents that are
necessary to respond to a question are Iocate"d on the enclosed CD.
The following statements respond to the questions numericall%. As they were posed in your letter.
Perry Nelson report ,)n C'crslle 1 ,mcs Aquifer in ITyde County' North Carolina, 1960 or 1961.
Please see the scanned copies of the Perry Nelson documents, "Geology and
Groundwater Resources in Sk?anquarter Area. Groundwater Bulletin No. 4. 1964." and
"Preliminary Report nn?Grotind%Nater in 13caufort County with Special Reference to
Potei?ti'Etl?cts r>?Phasphat? .Mining. Groundwater Circular No. 2. 1964." contained
on the enclosed CI).
An extensive search shove cd that "The Groundwater Bulletin No. 4" was the first
Groundwater document done for Hyde County. It was also the earliest document by Perry
Nelson for that region of North Carolina. We were unable to find any articles written by
Perry Nelson in l 1)00 or 1961.
2. All Chemicals bcin', use4 at PCS Phosphate Company, Inc.
DWQ does not possess a list of all chemicals being used at PCS Phosphate Company,
Inc. However, prior to the issuance of NPDES permits a Priority Pollutant Analysis is
conducted on and near the proposed project site. This analysis serves as a baseline
analysis of water quality values, and is used to establish the water quality parameters that
need to be monitored and included in the monthly monitoring reports. A copy of the
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hUp://h2o.enr.state.nc.us/ncwetlands/
One
NorthCarolina
Aaturallty
An Equal Opportunity 1 Affirmative Action Employer
Glenn Hockney
Page 2 of 8
February 23, 2009
"PCS Priority Pollutant Analysis 2005" is included on the enclosed CD. The list of items
currently being tested in the effluent and downstream waters are included in the response
to #4 below.
EPA Region IV maintains information related to the types of products used at PCS
Phosphate Company, Inc. Some of the facility information maintained by the EPA can
be accessed at:
http://iaspub.epa.gov/enviro/Iii_query_dtl.disp_program_faciIity?pgm_sys_id_in=NC D041519364&pgm_sys_acrnm_in=RC RAIN FO
3. All Chemicals being manufacturing at PCS Phosphate Comparn', Mic `?
Including, "Sulfuric acid is produced on site ctnd is mixed k th the phosphate-rock to
produce phosphoric acid. Aurora produces iirar and green merchant grade acid
(MGA), green superpho,Thoric acid, diammonium phosphate fertilizer,
monoammonium phosph fertilizer, ammoniac polyphosphate solution and
purified acid from this phospho#i-r -heid. "
4. All Chemicals being dischaWd by PCS Phwphatc C omparij . Inc?
The permitted, '-scharges to surface water systems from PCS Phosphate are for
wastewater.. d Aormwater. Water managed through recycling systems and groundwater
remediation S?, Stems are designed as non-discharge systems.
The currept Veersimi of the wastewater perriait's effluent limits are listed in the copy of the
NPDLS 'b, a er }permit issued on February 7, 2005 and the permit modification
issued October `27, North Carolina's Basinwide Information Management System
(I3IYIS) also includes ?I list of the permit outfall limits. Each document is contained on
the enclosed CD as "npdcs permit nc0003255," "permit modification 2007," and "PCS
outfall limit and monitoring req BIMS" respectively.
Other pennits,granted by the Aquifer Protection Section and held by PCS Phosphate
limiting thearious levels within the groundwater include:
1. High rate infiltration permit that processes domestic waste
2. Wastewater recycle permits (3) that process 1) contact cooling water
and cooling tower blow down; 2) mining and material processing; 3)
fertilizer production
3. Land Application of residuals permit that allows application of solids
from mining and material processing and domestic waste processing
4. Injection well permit allowing fresh water injections through multiple injection
wells to drive the contaminant plume away from the Pamlico River and towards
recovery wells to be treated and reclaimed or used in the plant.
A list of products that are manufactured at PCS Phospt€can be viewed at the PCS
Phosphate website at:
Glenn Hockney
Page 3 of 8
February 23, 2009
5. Well Construction Permits
A summary of violations listed in BIMS for water samples that exceeded the permit
limits from 1996 to the present, based on the monthly reports submitted by PCS
Phosphate are located in "PCS monitoring rep violations" and "Monitoring Report
Violations Ground water 59" on the enclosed CD.
5. Where is the chemicals not used by PCS Phosphate disposed?
According to the copy of the NPDES wastewater permit issued t? PCS Phosphate
Company, Incorporated on February 7, 2005 (contained on the enclosed CD): PCS
Phosphate has calcium sulfate storage piles and a mine Loop/gypsum-clay
blend/reclamation area which may serve as ,wJ4 or disposal areas. Historically,
waste material was placed in holding ponds on nearby property that was reclaimed in the
early 1980s.
PCS also has a permit for Land Application of residuals that allows application of solids
from mining and material processing and domcstic waste processing through-the Aquifer
Protection Section.
6. Who is responsible for testing all orthc above chemicals?
PCS Phosphate and/or individual contract r hired h? 11CS Phosphate are responsible for
collecting water quality.samples and slo hmittirg,monthly wader quality sample reports.
Any PCS lab or prztrab used for water quality sampling or analysis must be a certified
lab. Labs certified iii North G=arolina are iMpected by the state laboratory section of the
Division of Water Quality. The Division of Water Quality also has oversight rules in
place to prop ide several leVel 'of oversight quid maintain quality assurance and control.
North Carolina's Division of Water Quality (DWQ) has a Basinwide Planning Program
whieh currently collects seater quality data on a monthly basis. Extensive surveys occur
on a five year cycle fur the 17 river basins in the state. You can find more information on
what the reports generated by this program include as well as the current planning
schedule at,
http://h2o.eni-,staLe.nc.us/basinwide/basinwide wq planning.htm
The Tar-Pamlico Basiim,ide plan can be accessed at
http://h'O.enr.-,tate.iic.us/basinwide/tarpam wq management plan.htm
Section B of this site also shows the sampling location points within Beaufort and Hyde
counties.
North Carolina's Division of Water Resources (DWR) conducts quarterly monitoring of
its Monitoring Well Network and provides yearly monitoring reports. The 2008
monitoring report can be accessed at
http://www.newater.org/Reports and Publications/GWMS Reports/Network Annual Reports/!y2007-8 network ann report pdf
and the well data can be accessed at the DWR website www.newater.orli
Glenn Hockney
Page 4 of 8
February 23, 2009
7. Does PCS Phosphate have any Leases with North Carolina? If so, provide a copy.
The only lease that we are aware of that PCS has with the state of North Carolina is one
issued by the NC Council of State on * * * *. The NC Council of State can be contacted to
obtain a copy of the permit.
8. How much money has PCS Phosphate Company Inc. paid North Carolina in the past ten
years?
PotashCorp reports their 2007 community giving amounts urn_er-their "Facility:
Community Support" which can be found at:
http://www.potashcoEp.com/about potashcorp/operationmap/aurora/
They may be able to provide you with similar numbers for the Sher years of interest.
PCS Phosphate has also paid North Carolina about $61,000.00 from 19.99 to the present
for application and yearly annual fees for all of its permits. The fees paid are listed by
permit number in the "application fees pcs" can the enc used CD.
9. Who approved the final 401 water quality permit? I7'ho else was consulted? Was this
meeting recorded? Where did this meeting lake place." These questions are very important
since we expect an open government. hl R_ -
I approved the final 401, Water Quality ('crtiticaffl n based recommendations from my
staff in the Central Uffice imarilYfohn 1)_ 6eheY)- the Washington Regional Office
(primarily Kyle parties). "l `- coal 40 - -_ ification was based on additional information
received fmri PCS Phospha ated Dece her 19, 2008 (received December 22, 2008).
Various meetings \\ere hel&to discuss this final submittal and then the final Certification
was issued on.lanuarv 15' 2009. This nn?:ct"jag was not recorded.
10. Prodded at infcv,m, iiimi received from PCS Phosphate Company Inc within the past sixty
days?
Please see the enclosed CI) which has a complete copy of the Division of Water Quality
PCS P osphate file as of the date of this letter.
11. Who test all the fill hcingput back in these pits? Where is the replacements fill coming
from? Six tons mined onlv,five tons is returned. Explained how this land can be not lowered? If
you mined a several millions of tons each year. Will we have a big hole in the ground?
The North Carolina Division of Land Resources - Mining Program regulates mining
activities for the state. The most current permit 07-01 defines the requirements for fill
material. A copy of the permit is included on the CD. As stated in the permit, all
excavated material is used for reclamation of older mines, or is stocked-piled for future
mine reclamation activities. At present, no off-site material is or will be used as fill for
mine reclamation, and no testing of on-site material is required.
Glenn Hockney
Page 5 of 8
February 23, 2009
Fill returned to mining pits: Layers of rock and soil formed over millions of years are
tightly compacted and cemented prior to disturbance. When these materials are
excavated, the material expands due to decreased pressure and the impact of the
excavator breaking up the material. If a portion of the material is removed, and the
remaining material is returned to the excavated area, the volume of unconsolidated
material is usually larger than the volume of the hole, making a mound.
12. Is any chemicals added to the discharge waters to protect the oxygen in the water?
Waters that pass through the wastewater treatment-storage basin'are treated with hydrated
lime to control the pH by removing Phosphorous from the water as Calcium Phosphate.
"This material is very dense resulting in a precipitant with good settling characteristics."
PCS also operates a flocculent feed system as nec ssafy for total suspended solids (TSS)
control for outfalls 007, 009, and 101. The conditions for these treatments are specified
on p. 13 of the "npdes permit nc0003255," located on the enclosed (').
Dissolved Oxygen (DO) could be added to the water if it were determined that the
dissolved oxygen levels were low.
13. How often do you check the waters downstream?
Part of the water quality sampling reyuiret`nents liar P('S Phosphate include downstream
sampling that must be.reported each month for particular parameters (e.g. turbidity, TSS,
phosphorus, etc) for some of the outfalls. [his infurmation is located in the BIMS
Outfall Limits and Monitoring. Requirements document, located on the enclosed CD as
"PCS outfall limit and monitoring req lil L "
North Carolina's Division of Watef Quality (DWQ) has a Basinwide Planning Program
which curnmtk collects water qudTtr- data on a monthly basis. Extensive surveys occur
nn d fig c year cy cle Cor the 17 river basins in the state. You can find more information on
what the reports generated b? this program include as well as the current planning
schedule at,
http://h2o.enr,,-,tatc.nc.us;basinwide/basinwide wq planning htm
Thy Tar-Pamlico Basinwide plan can be accessed at
http: li2o.enr.state.nc.us/basinwide/tarpam wq_management plan.htm
Section R of this site also shows the sampling location points within Beaufort and Hyde
counties.
As previously mentioned, North Carolina's Division of Water Resources (DWR)
conducts quarterly monitoring of its Monitoring Well Network and provides yearly
monitoring reports. The 2008 monitoring report can be accessed at
http:/hvww.ncwater org/Reports and Publications/GWMS Reports/Network Annual Reports/fy2007-8 network ann reportpdf
and the well data can be accessed at the DWR website www.newater.org
The 401 permit also requires monitoring for water quality, hydrology and aquatic life for
many of the small streams in the NCPC tract. The new Certification expands this
monitoring to also include streams on the Bonnerton and South of 33 tracts. Annual
Glenn Hockney
Page 6 of 8
February 23, 2009
reports are required to be submitted to DWQ for federal and state agency review to
determine if water quality or aquatic life impacts are occurring. To date, those reports
have not shown impacts from the mining operation on these small streams on the NCPC
tract. DWQ and our sister agencies will continue to review these reports. If negative
impacts do occur, then PCS will be required to address these concerns in order to comply
with their 401 Water Quality Certification.
14. Is this public Waters?
All of the downstream waters (including the small streams o ;9?-CS's property, South
Creek and the Pamlico River) are waters of the state and t ire impacts to these waters
require permitting from the Division of Water Quality. prase "Public Waters"
generally refers to the larger streams and rivers that __V usualixv, subject to the jurisdiction
of the NC Division of Coastal Management. Since -lPhosphme will not impact any of
these Public Waters, a CAMA Permit from the IBC Division of CasI Management was
not required for this project."
15. Who has title to these lands?
Again we cannot fully answer thy, question
these sine so broad. Certainly the water in
waterbodies are waters o 4 te . Howevel many cases, the land underneath
smaller streams is in private o
16. Does PCS Phosphate Company Inc. lease lhc.?c lands or ?t xcrs` Who is held accountable
for these lands and water?
We understand that PCS Phosphate has a=base for land underneath the Pamlico River.
This lease was authorized b?- the NC Coui L i of State on * * * *. Our understanding is that
the State Pmperty office -for administering this lease.
17. Need an oroaru-atiunal chart of your department.
Tlie Department of the l.:n% ironment and Natural Resources Organizational Chart can be
found at
http://www.er-r.state.nc.us/does/DENRochart8 07New.pdf
The Division Of Water Quality (NC DWQ) Organizational Chart can be found on the
DWQ website at
http:/ila2o.vnr.state.nc.us/documents/IntemetOrgChart.pdf
18. Do you have the power to revocation of water permits?
As Director, I do have the authority to revoke Water Quality Certifications if there are
violations of conditions of the Certification or the Clean Water Act or if information in
the application is incorrect or if conditions under which the Certification have been made
have changed (15A NCAC 2H .0507 (d)).
Glenn Hockney
Page 7 of 8
February 23, 2009
(15A NCAC 2H .0507 (d)) can be accessed at http://h2o.enr.state.nc.us/admin/rules/2H.0500.pdf
The NC Division of Water Quality rules web page can be accessed at
http://h2o.enr.state.nc.us/admin/rules/codes statutes.htm
19. Is peoples' health important enough to revocation these water permits?
The Water Quality Standards are established to protect the quality of waters of the state
and human health. A permit may be revoked if it meets the provisions listed above.
20. The buck stop at your desk concerning water permits?
Yes, the Environmental Management Commission (EMC) has designated the Director of
the Division of Water Quality as having final say in permit decisions. However, the final
agency decisions may be made by the EMC. :%fter a decision has been rendered by the
EMC, all Certifications are subject to appeal through the NC Office of Administrative
Hearings and then the state court system.
21. Provide all divisions of Government who made tlzefiiial revi sions on the Water permit of
December 2008, and their written resonances.
The decision to issue the revised 401 Certification %? as made by staff of the Division of
Water Quality (DWQ). We carefully considered concerns c.\pressed by the NC Division
of Marine Fisheries. NC Division of Coastat Ntana.genlent and NC Division of Parks and
Recreation (NC Natural ll&itage Program) during the permitting process as well as
concerns of citi ens. I' decal duencies and other parties. We also consulted with staff of
the Aquifer Protection (Groun(Iwater) Section of the Division of Water Quality and the
Division of 'Nuter Resources in order to Let their input on existing and proposed
groundwater monitoring for this project hclore issuing the 401 Water Quality
Certification. "I he answers to question number 4 list the other permits that are in place
for PCS Phosphutc. The ?? ritten concerns expressed by these agencies are included on
the (1) for the entire PCS tilc which is enclosed.
22. Other issues raised in the four initial points on page lof your letter:
a. Dice to excessive over pumping, the land in Hyde County has subsided and
lhcrebv caused damage to citizen's property rights.
Division of Water Resources has online information regarding subsidence in the
coastal area around New Bern, NC.
http://www.ncwater.org/Permits_and_Registration/Capacity_Use/Central_Coastal_Plain/landsub.php
DWQ is unaware of any current information indicating subsidence in Hyde
County. However, a proceedings paper addressing subsidence in coastal
Virginia (USGS 2001, pp 49-56) is available. The USGS proceedings document is
included on the CD.
Glenn Hockney
Page 8 of 8
February 23, 2009
b. Toxic wastes have been discharged to ground waters and the Castle Hayne
Aquifer with no testing to protect public health and our natural resources
The responses to questions 4, 5, 6 and 13 above address the permitted discharges
and their limits, monitoring requirements, and monitoring results.
c. Government not providing protection for public trust lands, waters and natural
resources as well as coverup of aquifer reports of Perry Nelson, toxic materials
and lack of inspections to protect public health.
We hope we have provided the requested Perry Nelson document
(question 1 above).
Jol ytions and to change
d. PCS Phosphate has spent millions of doll _ t cover up y
existing laws, rules and inspections in .tt?r ~ Carolina
Our office is unaware of expendiires of PCS Phosphate funds a&sugested.
h
Question 8 represents our undersiahdinc of funds received by the sta, W Nort
Carolina. r
_tp 11-gricerm for t ie ?a?ater quality in Hyde County. We hope
Again, we appreciate your interest.,
that you find the answers to your questions'to an adequiitcy lease contact John Dorney of my
staff at 919-733-9646 if you should have anyr=Furthers ,t nccd air: further assistance.
Sincercl% Yours,
oleen H. Stt_llins
Cc: John Forney, DWQ-11w,nam Development Unit
lhv id May, Washington Region)l Office-Aquifer Protection
?sA? 1 Ilodge, Washingt.*gegiona C?ffice- Surface Water Protection
Fla?.d Williams, DLR-Laud Quality
Tom*eedcr, Division o ater Resources
Dexter Matthews, Division of Waste Management
File copy