NC0000400_Comments_20190425

SOUTHERN ENVIRONMENTAL LAW CENTER
Telephone [phone] 48 PATTON AVENUE,SUITE 304 Facsimile 828-258-2024
ASHEVILLE,NC 28801-3321
April 25, 2019
RECEIVED/DE NR/DWR
APR 3 0 2019
Via Electronic Mail and U.S Certified Mail
• David Hill Wat.r Resources
Environmental Specialist II 'armilr+ng Section
Water Quality Permitting Section
N.C. Department of Environmental Quality
1617 Mail Service Center
Raleigh,NC 27699-1617
[e-mail]
Landon Davidson
Environmental Regional Supervisor
Division of Water Resources- Water Quality Regional Operations
N.C. Department of Environmental Quality
2090 U.S. 70 Highway
Swannanoa,NC 28778
[e-mail]
Annette Lucas, PE
Stormwater Program Supervisor
Energy, Mineral and Land Resources-Stormwater Program
N.C. Department of Environmental Quality
217 West Jones Street
Raleigh,NC 27603
[e-mail]
Re: Public Records Request(Sibelco NPDES Permits: NC0000175,NC0000361,
NC0084620 and NC0085839; Quartz Corps NPDES Permits: NC0000400,
NC0000353)
Dear Mr. Hill, Mr. Davidson and Ms. Lucas,
Pursuant to the North Carolina Public Records Law,N.C. Gen. Stat. § 132-1 et seq.,the
Southern Environmental Law Center requests the right to inspect, examine, and copy the
following public records of the of the Division of Water Resources-Water Quality Section
("DWR"), and the Division of Energy, Mineral and Land Resources-Land Quality Section
("DEMLR") of the N.C. Department of Environmental Quality:
Charlottesville • Chapel Hill • Atlanta • Asheville • Birmingham • Charleston • Nashville • Richmond • Washington, DC
100%recycled paper

(1) DWR:
• All comments, including requests for public hearing, received on above-
pending NPDES permit renewals;
• All communications with federal and state agencies (including but not
limited to EPA, FWS, and WRC)regarding the above pending NPDES
permit renewals;
• All documents considered as part of the applications for the above permit
renewals (that are not available on laserfiche);
• All documents related to non-compliance, or possible non-compliance,
with NPDES industrial wastewater or stormwater permits for above
facilities since 2010, including notices of violation,penalty assessments,
and related correspondence;
• All effluent monitoring data that is summarized in table 1 and all instream
monitoring data that is summarized in table 2 of each fact sheet for the
above-referenced facilities.
(2) DEMLR stormwater:
• All current permits and certificates of coverage, and other documentation
related to coverage under general permits, for the above processing
facilities as well as "stormwater runoff from the mines ... permitted
through NC DEQ DEMLR under the stormwater general permit
NCG020000"referenced in the NPDES permit fact sheets (example
attached), including:
Schoolhouse NPDES Gen
NCG020795
Sibelco NA NCG020793
Altapass NCG020818
Pine Mountain Mine NCG20274
• All documents related to the EPA investigation of stormwater from the
referenced mines, and visits to these mines, discussed in the NPDES
permit renewal fact sheets for the above facilities, from 2010 to present;
and
• All results of monitoring of stormwater from the mines by the mine
owners/operators, DEQ, or EPA, from 2010 to present.
(3) DEMLR/DWR/DWM:
• All documents concerning the placement of"[r]esiduals from processing
and treatment" from the mining ore processing facilities "back into the
worked mines as part of the mine reclamation process,"referenced in the
NPDES permit renewal fact sheets for the above facilities, from 2010 to
present(example attached).
This request specifically excludes documents currently available on the Department
of Environmental Quality's laserfiche website.
2

For the purposes of this request, the term"public records" shall have the meaning defined
in N.C. Gen. Stat. § 132-1 and shall include all such records in the possession, custody, or
control of DEQ as well as those prepared by, created by, or in the possession, custody, or control
of its agents, contractors, subcontractors, and attorneys. This request specifically includes all
emails, handwritten notes, letters, records of telephone conversations, other records of written
and/or oral communications, drafts, reports, and all other public records within the possession, •
custody, or control of DEQ. Furthermore, we request access to each version of a record or
document, whether it is a draft,has been electronically deleted, has attachments,bears
annotations, etc.
If you take the position that any of the above-described public records are not open to
public inspection under the North Carolina Public Records Law,please explain the basis for your
position and identify any statute, rule of law, or other authority upon which you rely. Public
records must be provided to a requestor"as promptly as possible"upon payment of any fees,
which shall not exceed the actual cost of reproducing the public record. N.C. Gen .Stat. §§ 132-
1, 132-6. Please contact me prior to any copying if that actual cost is expected to exceed $300.
Thank you in advance for your cooperation. If you have any questions, or if we can
clarify the scope of our request,please do not hesitate to call me at 828-258-2023.
Sincerely,nn `'
Amelia Burnette
cc: (via email)
Julie Grzyb—[e-mail]
Christy Simmons—[e-mail]
Diane Rodman—[e-mail]
3

Fact Sheet
NPDES Permit No. NC0000353
Permit Writer/Email Contact David Hill,[e-mail]:
Date: September 19,2018
Division/Branch:NC Division of Water Resources/NPDES Complex Permitting
Fact Sheet Template: Version 09Jan2017
Permitting Action:
® Renewal
❑ Renewal with Expansion
❑ New Discharge
❑ Modification(Fact Sheet should be tailored to mod request)
Note: A complete application should include the following:
• For New Dischargers, EPA Form 2A or 2D requirements, Engineering Alternatives Analysis,Fee
• For Existing Dischargers(POTW), EPA Form 2A,3 effluent pollutant scans, 4 2nd species WET
tests.
• For Existing Dischargers(Non-POTW),EPA Form 2C with correct analytical requirements based
on industry category.
Complete applicable sections below. If not applicable,enter NA.
1. Basic Facility Information
Facility Information
Applicant/Facility Name: The Quartz Corp USA/The Feldspar Corporation
Applicant Address: PO Box309, 797 Altapass Hwy, Spruce Pine,NC 27877
Facility Address: 530 Altapass Road, Spruce Pine,NC 27877
Permitted Flow: 3.5 MGD
Facility Type/Waste: Minor, 100%Industrial
Facility Class: PC II
Treatment Units: Three clarifiers, polymer feed system, pH adjustment feed system,
vacuum filters,Emico clarifier/thickener,emergency generator, flow
measurer and totalizing equipment,two recycle pumps
Pretreatment Program (Y/N) No
County: Mitchell
Region Asheville
Briefly describe the proposed permitting action and facility background: The Quartz Corp USA
applied for NPDES permit renewal for their TFC facility,and submitted a renewal application
dated July 13,2015. This facility processes local mineral ore for quartz,feldspar,and mica using
Page 1 of 9

acid extraction and froth flotation processes. Residuals from processing and treatment are placed
as `tailings' back into the worked mines as part of the mine reclamation process. There is concern
that stormwater runoff from the mines are contributing additional pollutants to the watershed.
Stormwater is currently permitted through NC DEQ DEMLR under the stormwater general
permit NCG02000 which expires September 30,2020. EPA visited several of these sites in 2015 and
expressed concerns over potential pollutants in the stormwater.DEMLR has issued several of these
stormwater general permits with additional monitoring requirements and will reassess whether
these mines should continue receiving general permit coverage. If it is determined that the mines do
not qualify for general permit coverage,then those mines will be directed to apply for individual
NPDES wastewater coverage. If fluoride is detected in stormwater runoff,then that fluoride
loading will need to be accounted for in the fluoride WLA for the respective facilities.
Several mines(NC0000353,NC0000175,NC0000361,NC0000400,and NC0084620)share a
wasteload allocation (WLA)for fluoride to maintain the water quality standard of 1.8 mg/L. The
WLA is addressed in Appendix A. TSS limits were originally assigned using draft Effluent
Limitation Guidelines in EPA's 1975 Development Document for Interim Final Effluent Limitations
Guidelines and New Source Performance Standards for the CLAY, CERAMIC,REFRACTORY AND
MISCELLANEOUS MINERALS VOL.HI MINERAL MINING AND PROCESSING INDUSTRY
Point Source Category.These draft guidelines,which set TSS limits at 0.6 lb/10001b of ore
processed,were never finalized. Subsequent expansions and new facilities redistributed or added
new TSS loading. Since the receiving stream is impaired for turbidity,TSS is frozen at current
loading.
2. Receiving Waterbody Information:
Receiving Waterbody Information
Outfalls/Receiving Stream(s): Outfall 001-North Toe River
Stream Segment: 7-2-(27.7)
Stream Classification: C; Trout
Drainage Area(mi2): 126
Summer 7Q10(cfs) 43
Winter 7Q10(cfs): 55
30Q2(cfs): NA
Average Flow(cfs): 260
IWC (%effluent): 11
303(d)listed/parameter: Yes-this segment is listed as impaired for turbidity on the
2016 303(d)list.
Subject to TMDL/parameter: No
Subbasin/HUC: 040306/
USGS Topo Quad: D10NE
Page 2 of 9

3. Effluent Data Summary
Effluent data is summarized below for the period January 2015 - July 2018.
Table 1. Effluent Data Summary
Parameter Units Average Max Min
Permit
Limit
Flow MGD 2.57 3.5 0.01 3.5 MA
1,568 MA
TSS lbs/day 800 1,771 2 3,137 DM
174 MA
Fluoride lbs/day 127.3 228 0 348 DM
Chloride mg/L 7.74 12 4.5
Settleable Solids mL/L 0.1 0.1 0.1
pH SU 6.9 7.8 6.5 6-10
Turbidity ntu 17.4 38.6 4.61
MA-Monthly Average, WA-Weekly Average, DM-Daily Maximum
4. Instream Data Summary
Instream monitoring may be required in certain situations,for example: 1)to verify model predictions
when model results for instream DO are within 1 mg/1 of instream standard at full permitted flow;2)to
verify model predictions for outfall diffuser; 3)to provide data for future TMDL;4)based on other
instream concerns. Instream monitoring may be conducted by the Permittee, and there are also
Monitoring Coalitions established in several basins that conduct instream sampling for the Permittee(in
which case instream monitoring is waived in the permit as long as coalition membership is maintained).
If applicable, summarize any instream data and what instream monitoring will be proposed for this
permit action: The current permit requires instream monitoring for fluoride,TSS,turbidity,and
pH.These parameters will be maintained in the permit. Mean averages are summarized below.
Table 2. Instream parameter means.
Parameter Upstream Mean Downstream Mean
Turbidity,NTU 16.7 11.6
pH,Standard Units 6.8 6.8
TSS,mg/L 12.3 12.9
Fluoride*,mg/L 0.45 0.45
*all values reported below detection limits of 0.5 mg/L then 0.2 mg/L
Figure 1. Instream Turbidity with one outlier excluded.
Page 3 of 9

60
Instream Turbidity
50
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A Turbidity
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1/31/2016 5/10/2016 8/18/201611/26/2016 3/6/2017 6/14/2017 9/22/201712/31/20174/10/2018 7/19/201810/27/2018
Figure 2. Instream TSS.
60
Instream TSS ® •TSS Ups
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1/31/20165/10/20168/18/201a1/2 6/2 0 163/6/2 0 17 6/14/2 0179/2 2/2 0171 2/3 1/2 0 171/10/2 0187/19/2 0 1a0/27/2018
Instream fluoride will be shown in Appendix A since all the mineral mines on this segment of the North
Toe River share a wasteload allocation for fluoride.
Is this facility a member of a Monitoring Coalition with waived instream monitoring (Y/N): NO
Name of Monitoring Coalition: NA
Page 4 of 9

5. Compliance Summary
Summarize the compliance record with permit effluent limits (past 5 years): The facility reported no
limit violations 2014-2018,however,DMR data for July 2018 has yet to be reported and the facility
suffered a HF bypass resulting in a fish kill in the receiving stream that same month.
Summarize the compliance record with aquatic toxicity test limits and any second species test results
(past 5 years): The facility passed 18 of 18 quarterly chronic toxicity tests January 2014 to present.
Summarize the results from the most recent compliance inspection: The last facility inspection
conducted in February 2018 indicated corrosion and solids build-up in clarifiers,weirs,and
discharge troughs. ARO is currently monitoring repairs and maintenance.
6. Water Quality-Based Effluent Limitations (WQBELs)
Dilution and Mixing Zones
In accordance with 15A NCAC 2B.0206,the following streamflows are used for dilution considerations
for development of WQBELs: 1Q10 streamflow(acute Aquatic Life); 7Q10 streamflow(chronic Aquatic
Life; non-carcinogen HH);30Q2 streamflow(aesthetics); annual average flow(carcinogen, HH).
If applicable, describe any other dilution factors considered(e.g., based on CORMIX model results): NA
If applicable, describe any mixing zones established in accordance with 15A NCAC 2B.0204(b): NA
Oxygen-Consuming Waste Limitations
Limitations for oxygen-consuming waste (e.g., BOD)are generally based on water quality modeling to
ensure protection of the instream dissolved oxygen(DO)water quality standard. Secondary TBEL limits
(e.g., BOD=30 mg/1 for Municipals)may be appropriate if deemed more stringent based on dilution and
model results.
If permit limits are more stringent than TBELs, describe how limits were developed: The facility does not
discharge oxygen consuming waste.
Ammonia and Total Residual Chlorine Limitations
Limitations for ammonia are based on protection of aquatic life utilizing an ammonia chronic criterion of
1.0 mg/1(summer)and 1.8 mg/1(winter).Acute ammonia limits are derived from chronic criteria,
utilizing a multiplication factor of 3 for Municipals and a multiplication factor of 5 for Non-Municipals.
Limitations for Total Residual Chlorine(TRC)are based on the NC water quality standard for protection
of aquatic life(17 ug/l)and capped at 28 ug/1(acute impacts). Due to analytical issues,all TRC values
reported below 50 ug/1 are considered compliant with their permit limit.
Describe any proposed changes to ammonia and/or TRC limits for this permit renewal: The facility does
not discharge ammonia or TRC.
Reasonable Potential Analysis(RPA)for Toxicants
No RPA has been conducted because there are no effluent data for toxicants.The main pollutant of
concern,fluoride,has a shared wasteload allocation and will be addressed in Appendix A.
Page 5 of 9

Toxicity Testing Limitations
Permit limits and monitoring requirements for Whole Effluent Toxicity(WET)have been established in
accordance with Division guidance(per WET Memo, 8/2/1999). Per WET guidance,all NPDES permits
issued to Major facilities or any facility discharging"complex"wastewater(contains anything other than
domestic waste)will contain appropriate WET limits and monitoring requirements,with several
exceptions. The State has received prior EPA approval to use an Alternative WET Test Procedure in
NPDES permits,using single concentration screening tests,with multiple dilution follow-up upon a test
failure.
Describe proposed toxicity test requirement: This is a Minor industrial mine,and a chronic WET
limit at 11% effluent will continue at a quarterly frequency.
Mercury Statewide TMDL Evaluation
There is a statewide TMDL for mercury approved by EPA in 2012. The TMDL target was to comply
with EPA's mercury fish tissue criteria(0.3 mg/kg)for human health protection.The TMDL established a
wasteload allocation for point sources of 37 kg/year(81 lb/year),and is applicable to municipals and
industrial facilities with known mercury discharges. Given the small contribution of mercury from point
sources(-2%of total load),the TMDL emphasizes mercury minimization plans(MMPs)for point source
control. Municipal facilities>2 MGD and discharging quantifiable levels of mercury(>1 ng/l)will
receive an MMP requirement. Industrials are evaluated on a case-by-case basis,depending if mercury is a
pollutant of concern. Effluent limits may also be added if annual average effluent concentrations exceed
the WQBEL value(based on the NC WQS of 12 ng/l)and/or if any individual value exceeds a TBEL
value of 47 ng/l.
This facility is not known to discharge mercury.
Other TMDL/Nutrient Management Strategy Considerations
If applicable, describe any other TMDLs/Nutrient Management Strategies and their implementation
within this permit: NA.
Other WQBEL Considerations
If applicable, describe any other parameters of concern evaluated for WQBELs: NA
If applicable, describe any special actions (HQW or ORW) this receiving stream and classification shall
comply with in order to protect the designated waterbody: NA
If applicable, describe any compliance schedules proposed for this permit renewal in accordance with
15A NCAC 2H0107(c)(2)(B), 40CFR 122.47, and EPA May 2007Memo: NA
If applicable, describe any water quality standards variances proposed in accordance with NCGS 143-
215.3(e) and 15A NCAC 2B.0226 for this permit renewal: NA
7. Technology-Based Effluent Limitations (TBELs)
This facility is not subject to any Effluent Limitation Guidelines
8. Antidegradation Review (New/Expanding Discharge):
The objective of an antidegradation review is to ensure that a new or increased pollutant loading will not
degrade water quality. Permitting actions for new or expanding discharges require an antidegradation
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review in accordance with 15A NCAC 2B.0201. Each applicant for a new/expanding NPDES permit
must document an effort to consider non-discharge alternatives per 15A NCAC 2H.0105(c)(2). In all
cases,existing instream water uses and the level of water quality necessary to protect the existing use is
maintained and protected.
If applicable, describe the results of the antidegradation review, including the Engineering Alternatives
Analysis (EAA) and any water quality modeling results: NA
9. Antibacksliding Review:
Sections 402(o)(2)and 303(d)(4)of the CWA and federal regulations at 40 CFR 122.44(1)prohibit
backsliding of effluent limitations in NPDES permits.These provisions require effluent limitations in a
reissued permit to be as stringent as those in the previous permit,with some exceptions where limitations
may be.relaxed(e.g.,based on new information,increases in production may warrant less stringent TBEL
limits,or WQBELs may be less stringent based on updated RPA or dilution).
Are any effluent limitations less stringent than previous permit(YES/NO): NO
10. Monitoring Requirements
Monitoring frequencies for NPDES permitting are established in accordance with the following regulations and guidance: 1) State Regulation for Surface Water Monitoring, 15A NCAC 2B.0500;2)
NPDES Guidance,Monitoring Frequency for Toxic Substances(7/15/2010 Memo); 3)NPDES Guidance,
Reduced Monitoring Frequencies for Facilities with Superior Compliance(10/22/2012 Memo);4)Best
Professional Judgement(BPJ). Per US EPA(Interim Guidance, 1996), monitoring requirements are not
considered effluent limitations under Section 402(o)of the Clean Water Act,and therefore anti-
backsliding prohibitions would not be triggered by reductions in monitoring frequencies.
For instream monitoring,refer to Section 4.
11. Electronic Reporting Requirements
The US EPA NPDES Electronic.Reporting Rule was finalized on December 21,2015. Effective
December 21,2016,NPDES regulated facilities are required to submit Discharge Monitoring Reports
(DMRs)electronically. Effective December 21,2020,NPDES regulated facilities will be required to
submit additional NPDES reports electronically. This permit contains the requirements for electronic
reporting,consistent with Federal requirements.
12.Summary of Proposed Permitting Actions:
Table 3. Current Permit Conditions and Proposed Changes
Parameter Current Permit Proposed Change Basis for Condition/Change
Flow MA 3.5 MGD No change 15A NCAC 2B .0505
TSS 1,568 lbs/day MA No change WBEL. State WQ standard, 15A
3,1371bs/day DM NCAC 2B.0200 and shared WLA.
15A NCAC 02B .0508
Page 7 of 9

pH 6-9 su No change WQBEL. State WQ standard, 15A
NCAC 2B .0200. 15A NCAC 02B
.0508
Fluoride 174 lbs/day MA No change WQBEL. State WQ standard, 15A
NCAC 2B.0200 and shared WLA.
348 lbs/day DM 15A NCAC 02B .0508
Chloride Monitor Only No change WQBEL. State WQ standard, 15A
NCAC 2B .0200
Settleable Solids Monitor Only No change 15A NCAC 02B .0508
Turbidity Monitor Only Monitor only,added WQBEL. 15A NCAC 2B.0200 and
additional condition 15A NCAC 2B.0500. Stream is
for increased instream 303d listed as impaired for turbidity
monitoring if effluent
is above the WQS of
10 TU
Toxicity Test Chronic limit, 45% No change WQBEL. No toxics in toxic
effluent amounts. 15A NCAC 2B.0200 and
15A NCAC 2B.0500
Total aluminum, No monitoring/limits Added quarterly WBEL. State WQ standard, 15A
copper, lead, monitoring based on NCAC 2B.0200
nickel,zinc EPA and stormwater
sampling results
Total Hardness No monitoring Added quarterly WBEL. State WQ standard, 15A
effluent and upstream NCAC 2B.0200 to determine
monitoring to support hardness-dependent metal standards
hardness-dependent
metal monitoring
MGD—Million gallons per day,MA- Monthly Average, WA—Weekly Average,DM—Daily Max
13. Public Notice Schedule:
Permit to Public Notice: September 19,2018
Per 15A NCAC 2H .0109&.0111,The Division will receive comments for a period of 30 days following
the publication date of the public notice. Any request for a public hearing shall be submitted to the
Director within the 30 days comment period indicating the interest of the party filing such request and the
reasons why a hearing is warranted.
14. Fact Sheet Addendum (if applicable):
Were there any changes made since the Draft Permit was public noticed(Yes/No):NO
If Yes, list changes and their basis below: NA
Page 8 of 9

15. Fact Sheet Attachments (if applicable):
• Appendix A: Fluoride Wasteload Allocation
• WET test summary
• Monitoring violations report
Page 9 of 9