NC0000353_NOV-2018-PC-0073 Response_20180328

McGuire Woods LLP
434 Fayetteville Street
Suite 2600
P.O. Box 27507 (27611)
Raleigh, NC 27601
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Charles 5 Cas McGUIREWOODS
Direct: 919.755.669
March 26, 2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Asheville Regional Office
2090 U.S. 70 Highway
Swannanoa, NC 28778
Re: Notice of Violation — Permit No. NC0000353
Tracking Number: NOV-2018-PC-0073
Quartz Corp — Altapass WWTP
Mitchell County
Dear Mr, Davidson:
RECEIVED
MAR 2 R
VYh�er IleaailJ�l �iJ�M
[e-mail]
Our client, The Quartz Corp USA ("Quartz"), has asked that we respond to your agency's
February 28, 2018 Notice of Violation (the "NOV"). The NOV indicates that it arose out of an
inspection on February 7, 2018 ("Inspection") to verify that the facility is operating in
compliance with NPDES WW Permit No. NC0000353 ("Permit"). A copy of the NOV is
included with this letter. for ease of reference. Although the NOV does not number the items it
discusses, we are providing a numbering for ease of reference.
1. Record Keeping. Contrary to the implication in the NOV, Quartz is in
compliance with the Permit's requirements regarding completion and filing of its DMR's.
Specifically, Quartz is performing all of the effluent monitoring required under Section A.(1) of
the Permit and is reporting all of those results in its DMRs, as required by Section II.E.5.a. of the
Permit. Quartz does additional sampling beyond that required under Section A.(1) of the Permit,
but that additional sampling is for purposes of optimizing the production process, not
determining compliance with the Permit's effluent limitations, nor are these additional samples
analyzed using procedures or locations specified in the Permit. In effect, the NOV is asking that
Quartz report monitoring data that is not required to be collected, nor is it appropriate or required
to be reported on the DMRs. Among other things, these quality control data are collected from
locations different from those for the required effluent limitations sampling, are collected by
different personnel who are not certified operators (whereas the required samples are collected
by the certified operators), and are analyzed using different laboratory procedures and protocol.
Thus, the process samples addressed by the NOV are not required to be reported under Section
II.E.5.b. or other provisions of the Permit, and the lack of reporting does not constitute a
violation of the Permit or applicable law or rule. It is not appropriate to require Quartz to include
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G. Landon Davidson, P.G.
Quartz NPDES NOV response
March 26, 2018
Page 2
that data in future DMRs or to require the resubmittal of August 2017 through January 2018
DMRs with the added data.
2. Operations and Maintenance. The NOV asserts that there is "rust and decay of
structures, apparently referring to the clarifiers/thickeners. Quartz believes that these structures
are being properly maintained in accordance with Section II.C. of the Permit and does not
believe there is any issue with structural integrity. Quartz is unable to understand what DEQ
means when it asserts in the NOV and Inspection Report that there are "excess solids" in the
clarifier discharge trough, so it is unable to reply other than to note that the presence. of solids is
not a violation of the Permit, nor is it indicative of any deficiency in operation or maintenance.
Nonetheless, as noted in the Inspection Report, Quartz will have a summer shutdown of the
facility, during which it will be replacing the tailings pumphouse apparatus, including new
trough, pumps and tanks, which Quartz understands will satisfy the NOV and the concerns
reflected in the Inspection Report. In addition, the condition of the weirs mentioned in the NOV
will be addressed during that same summer shutdown.
3. Covers for Clarifiers/Thickeners. Quartz does not believe that the covers restrict
proper inspection, contrary to the NOV. Quartz is able to inspect them sufficiently, but notes
that the covers serve the important purpose of preventing infiltration of precipitation or debris
such as leaves into the unit, which prevents interference in the operation of the unit that those
materials would likely cause.
4. Flow Schematics. Quartz will provide updated wastewater treatment flow
schematics, as required by the NOV.
Although not a compliance issue in the NOV, the sixth paragraph on page 2 of the
Inspection Report contains some information about the stormwater system and permit
NCG020818. The basins and structures of this system have functioned to keep managed
stormwater on the site, so Quartz is unaware of any facts or circumstances that would support the
claim that the basins have been observed not functioning properly. Quartz personnel observe
those basins frequently and believe them to be functioning properly at all times. Regarding the
statement in the Inspection Report that the piping along the bottom of the rock dam is claimed to
constitute improper function, Quartz disagrees and appears to reflect a mischaracterization of the
purpose of the pipe, which is not to allow discharge or testing, but is merely an intermediate (or
connector) pipe allowing the contents of one basin to flow into another basin, thereby expanding
the stormwater storage capacity of the system and mitigating the likelihood of any discharge.
Quartz believes that the pipes are properly placed and serving their appropriate function, and also
that the slopes at the reference three basins are sufficient, stable and appropriate for the integrity
and operation of the system.
100210138_3

G. Landon Davidson, P.G.
Quartz NPDES NOV response
March 26, 2018
Page 3
Please do not hesitate to contact me if you have any questions or need additional
information.
Sincerely yQurs,
Charles D. Case
Enclosure
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