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HomeMy WebLinkAboutWQ0008570_Permit (Modification)_20190501utrien- Feeding the Future - May 1, 2019 North Carolina Department of Environmental Quality Division of Water Resources Water Quality Permitting Section Non -Discharge Permitting Unit 1617 Mail Service Center Raleigh, North Carolina, 27699-1617 CERTIFIED MAIL Subject: Cooling Pond Closed -Loop Recycle System PCS Phosphate - Aurora Permit Language Modification Package Beaufort County Dear Poonam, The purpose of this modification request is to alter the permit language regarding the removal of solids from our cooling ponds. Specifically, we would like to add language to allow excavating and dry hauling the solids. The solids would report to the gypsum blend feeder system. A list of the contents of this package follows. Please do not hesitate to contact me at (252) 322-8283 if you have any questions regarding this information. Sincerely, /0, /Da/vt4 IV D. Daniel Winstead III Senior Environmental Engineer Nutrien Attachments f� 9 530 NC Hwy 306 South, Aurora, NC USA 27806 --------- - ------------- - % nutrien.com The package includes the following: A. Application FORM: CLRS 06-16 • One original and one copy are provided. • Signing official delegation letter. B. Existing Permit WQ0008570 • Three copies of the existing permit are provided. C. Existing Permit February 26, 2018 Page 4 of 6 D. Previous Permit March 25, 2014 Page 3 of 6 E. Proposed Language regarding removal of solids. PC: David May— DWR, WaRO (w/ attachments) 12-02-002-00 (w/ attachments) H:\Cooling Ponds\Permit Modification 2019\Cover Letter.docx 2 State of North Carolina Department of Environmental Quality _R Division of Water Resources � W_ �% 15A NCAC 02T .1000 — CLOSED -LOOP RECYCLE SYSTEMS Division of Water Resources FORM: CLRS 06-16 I. APPLICANT INFORMATION: 1. Applicant's name: PCS Phosphate Company, Inc. 2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Privately -Owned Public Utility ❑ Federal ❑ State ❑ Municipal ❑ County 3. Signature authority's name: Mark D. Johnson per 15A NCAC 02T .0106(b) Title: 4. Applicant's mailing address: 1530 NC HWY 306 S City: Aurora State: NC Zip: 27806-9245 5. Applicant's contact information: Phone number: 252 322-8283 Email Address: Danny.WinsteadAnutrien.com H. FACILITY INFORMATION: 1. Facility name: PCS Phosphate Company, Inc. 2. Facility status: Existing If this facility is existing, was it originally permitted prior to September 1, 2006? ® Yes or ❑ No If yes, does this facility meet the criteria in 15A NCAC 02T .1003? ❑ Yes or ® No If yes, discontinue use of this form and complete the Closed -Loop Recycle System Rescission Request (FORM: CLRSRR) 3. Facility type: Major (> 10,000 GPD or> 300 disposal acres) 4. Facility's physical address: 1530 NC HWY 306 S City: Aurora State: NC Zip: 27806-9245 County: Beaufort 5. Wastewater Treatment Facility Coordinates (Decimal Degrees): Latitude: 35.22' 20' Longitude:-76.46' 58° Datum: Unknown Level of accuracy: Unknown Method of measurement: Map interpretation by extraction 6. USGS Map Name: Google Earth III. CONSULTANT INFORMATION: 1. Professional Engineer: License Number: Firm: Mailing address: City: State: Zip: - Phone number: Email Address: 2. Soil Scientist: License Number: Firm: Mailing address: City: State: Zip: - Phone number: (� _- Email Address: 3. Geologist: License Number: Firm: Mailing address: City: State: Zip: - Phone number: (_) _- Email Address: FORM: CLRS 06-16 Page 1 of 7 IV. GENERAL REQUIREMENTS —15A NCAC 02T .0100: 1. Application type: ❑ New ❑ Major Modification ® Minor Modification If a modification, provide the existing permit number: WQ0008570 and most recent issuance date: February 26, 2018 2. Application fee: $0 - Minor Modification 3. Does this project utilize public monies or lands? ❑ Yes or ® No If yes, was an Environmental Assessment required under 15A NCAC 01 C? ❑ Yes or ❑ No If yes, which final environmental document is submitted? ❑ Finding of No Significant Impact or ❑ Record of Decision Briefly describe any mitigating factors from the Environmental Assessment that may impact this facility: 4. What is the status of the following permits/certifications applicable to the subject facility? Permit/Certification Date Submitted Date Approved Permit/Certification Number Agency Reviewer Collection System (O >_ 200,000 GPD) Dam Safety Erosion & Sedimentation Control Plan Nationwide 12 / Section 404 Pretreatment Sewer System Stormwater Management Plan Wetlands 401 Other: 5. What is the wastewater type? ❑ Domestic or Industrial (See 15A NCAC 02T .0103(20)) Is there a Pretreatment Program in effect? ❑ Yes or ® No Has a wastewater chemical analysis been submitted? ® Yes or ❑ No 6. Wastewater flow: GPD Limited by: ❑ Treatment, ❑ Storage or ❑ Recycle Quantity 7. Explain how the wastewater flow was determined: ❑ 15A NCAC 02T .0114 or ❑ Representative Data Has a flow reduction been approved under 15A NCAC 02T .0114(f)? ❑ Yes or ❑ No Establishment Type Daily Design Flow a No. of Units Flow gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total GPD a See 15A NCAC 02T .0114(b), (d), LeXlJ and fgM for caveats to wastewater design flow rates (i.e., minimum flow per dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4). FORM: CLRS 06-16 Page 2 of 7 IV. GENERAL REQUIREMENTS —15A NCAC 02T .0100 (continued): 8. What is the nearest 100-year flood elevation to the facility? feet mean sea level. Source: Are any treatment, storage or disposal facilities located within the 100-year flood plain? ❑ Yes or ❑ No If yes, which facilities are affected and what measures are being taken to protect them against flooding? If yes, has the Applicant submitted written documentation of compliance with § 143 Article 21 Part 6? ❑ Yes or ❑ No 9. Has the Applicant provided documentation of the presence or absence of threatened or endangered aquatic species utilizing information provided by the Department's Natural Heritage Pro ram? ❑ Yes or ❑ No 10. Does the facility have a proposed or existing groundwater monitoring well network? ❑ Yes or ❑ No If no, provide an explanation as to why a groundwater monitoring well network is not proposed: If yes, complete the following table (NOTE — This table may be expanded for additional wells): Well Name Status Latitude a Longitude a Gradient Location Select 0- Select Select Select 0- Select Select Select 0- Select Select Select 0- Select Select Select 0- Select Select a Provide the following latitude and longitude coordinate determination information: Datum: Select Level of accuracy: Select Method of measurement: Select 11. Is the Applicant a Privately -Owned Public Utility? ❑ Yes or ❑ No If yes, has the Applicant submitted a Certificate of Public Convenience and Necessity? ❑ Yes or ❑No 12. Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120: Has the Applicant or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.613? ❑ Yes or ❑ No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ❑ No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ❑ No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ❑ No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? ❑ Yes or ❑ No V. CLOSED -LOOP RECYCLE FACILITY DESIGN CRITERIA —15A NCAC 02T .1005: 1. How does the Applicant propose to prohibit public access to the closed -loop recycle facilities? 2. Is potable water proposed to supplement the closed -loop recycle system? ❑ Yes or ❑ No If yes, is there an air gap separation between the potable water system and the closed -loop recycle system? ❑ Yes or ❑ No 3. Can the closed -loop recycle system: ❑ Stop production of effluent? ❑ Return the effluent back to the treatment facility? ❑ Store the effluent? ❑ Discharge the effluent to another permitted wastewater treatment facility? " Permit number: ❑ None of the above " Are essential treatment units provided in duplicate? ❑ Yes or ❑ No 4. If the wastewater treatment and storage systems are located within the 100-year flood plain, are there water -tight seals on all treatment/storage units or a minimum of two feet protection from the 100-year flood plain elevation? ❑ Yes, ❑ No, or ❑ N/A FORM: CLRS 06-16 Page 3 of 7 V. CLOSED -LOOP RECYCLE FACILITY DESIGN CRITERIA —15A NCAC 02T .1005 (continued): 5. If open atmosphere storage units are present, are they capable of containing the accumulation of water from a 25-year, 24-hour storm event? ❑ Yes or ❑ No 6. If an influent pump station is part of the proposed facility (i.e., within the wastewater treatment plant boundary), does the influent pump station meet the design criteria in 15A NCAC 02T .0305(h)? ❑ Yes, ❑ No, ❑ N/A — To be permitted separately, or ❑ N/A — Gravity fed 7. If septic tanks are part of the wastewater treatment facility, do the septic tanks adhere to the standards in 15A NCAC 18A .1900? ❑ Yes, ❑ No or ❑ N/A 8. Provide the requested treatment unit and mechanical equipment information: a. TREATMENT: Treatment Unit No. of Units Manufacturer or Material Dimensions (ft) / Spacings (in)(gallons) Volume Plan Sheet Reference Specification I Reference b. PUMPS Location No. of Pumps Purpose Manufacturer / Type Capacity Plan Sheet Reference Specification I Reference GPM I TDH c. BLOWERS Location No. of No. Units Served Manufacturer / Type Capacity CFM Plan Sheet Reference Specification Reference d. MIXERS Location No. of Mixers Units Served TManufacturer / Type Power h Plan Sheet Reference Specification Reference e. RECORDING DEVICES & RELIABILITY Device No. of Units Location Manufacturer Maximum Capacitv Plan Sheet I Reference Specification I Reference FORM: CLRS 06-16 Page 4 of 7 VI. EARTHEN STORAGE IMPOUNDMENT DESIGN CRITERIA —15A NCAC 02T .1005: IF MORE THAN ONE EARTHEN STORAGE IMPOUNDMENT, PROVIDE ADDITIONAL COPIES OF THIS PAGE AS NECESSARY. 1. What is the earthen impoundment type? Select 2. Storage Impoundment Coordinates (Decimal Degrees): Latitude: 0Longitude: - ° Datum: Select Level of accuracy: Select Method of measurement: Select 3. Do any impoundments include a discharge point (pipe, spillway, etc)? ❑ Yes or ❑ No 4. Are subsurface drains present beneath or around the impoundment to control groundwater elevation? ❑ Yes or ❑ No 5. Is the impoundment designed to receive surface runoff? ❑ Yes or ❑ No If yes, what is the drainage area? ft2, and was this runoff incorporated into the water balance? ❑ Yes or ❑ No 6. If a liner is present, how will it be protected from wind driven wave action? 7. Will the earthen impoundment water be placed directly into or in contact with GA classified groundwater? ❑ Yes or ❑ No If yes, has the Applicant provided predictive calculations or modeling demonstrating that such placement will not result in a contravention of GA groundwater standards? ❑ Yes or ❑ No 8. What is the depth to bedrock from the earthen impoundment bottom elevation? ft If the depth to bedrock is less than four feet, has the Applicant provided a liner with a hydraulic conductivity no greater than 1 x 10.1 cm/s? ❑ Yes, No or ❑ N/A Has the Applicant provided predictive calculations or modeling demonstrating that surface water or groundwater standards will not be contravened? ❑ Yes or ❑ No If the earthen impoundment is excavated into bedrock, has the Applicant provided predictive calculations or modeling demonstrating that surface water or groundwater standards will not be contravened? ❑ Yes, ❑ No or ❑ N/A 9. If the earthen impoundment is lined and the mean seasonal high water table is higher than the impoundment bottom elevation, how will the liner be protected (e.g., bubbling, groundwater infiltration, etc.)? 10. If applicable, provide the specification page references for the liner installation and testing requirements: 11. If the earthen impoundment is located within the 100-year flood plain, has a minimum of two feet of protection (i.e., top of embankment elevation to 100-year flood plain elevation) been provided? ❑ Yes or ❑ No 12. Provide the requested earthen impoundment design elements and dimensions: Earthen Impoundment Design Elements11 Earthen Impoundment Dimensions Liner type: ❑ Clay Top of embankment elevation: ft El Other ❑ Unlinedthc Liner hydraulic conductivity: x cm/s Freeboard elevation: ft Hazard class: Select Toe of slope elevation: ft Designed freeboard: ft Impoundment bottom elevation: ft Total volume: ft, gallons Mean seasonal high water table depth: ft Effective volume: ft, gallons Embankment slope: Effective storage time: days Top of dam water surface area: ft2 Plan Sheet Reference: Freeboard elevation water surface area: ft2 Specification Section: Bottom of impoundment surface area: ft2 NOTE — The effective volume shall be the volume between the two foot freeboard elevation and the: (1) pump intake pipe elevation; (2) impoundment bottom elevation or (3) mean seasonal high water table, whichever is closest to the two foot freeboard elevation. FORM: CLRS 06-16 Page 5 of 7 VU. SETBACKS —15A NCAC 02T .1006: 1. Does the project comply with all setbacks found in the river basin rules 05A NCAC 0213.02001? ❑ Yes or ❑ No If no, list non -compliant setbacks: 2. Have any setback waivers been obtained in order to comply with 15A NCAC 02T .1006? ❑ Yes or ❑ No If yes, have these waivers been written, notarized and signed by all parties involved and recorded with the County Register of Deeds? ❑ Yes or ❑ No 3. Provide the minimum field observed distances (ft) for each setback parameter to the disposal system and treatment/storage units (NOTE: Distances greater than 500 feet may be marked N/A): Setback Parameter Treatment / Storage Units Any habitable residence or place of assembly under separate ownership or not to be maintained as part of the project site Any private or public water supply source Surface waters (streams — intermittent and perennial, perennial waterbodies, and wetlands) Any well with exception of monitoring wells Any property line FORM: CLRS 06-16 Page 6 of 7 Professional Engineer's Certification: I, attest that this application for (Professional Engineer's name from Application Item III.1.) (Facility name from Application Item II.1.) has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with this application package and its instructions, as well as all applicable regulations and statutes. Although other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. North Carolina Professional Engineer's seal, signature, and date: Applicant's Certification per 15A NCAC 02T .0106(b): J off-/ /V5ol\J V t!1DUAL o ° AN A & attest that this application for _ (Signature Authority's name & title from Application Item I.3.) S pf4 L.bM6'�sv� .,LNC. (Facility name from Application Item II.1.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that any discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. I further certify that the Applicant or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A NCAC 02T .0105(e). NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. 0a ��% Signature:#411� UPI Date: � �i FORM: CLRS 06-16 Page 7 of 7 tashCorp PCs Phosphate - Aurora Helping (Nature Provide DELEGATION OF AUTHORITY FOR ENVIRONMENTAL MATTERS I, Raef Sully, President of PCS Phosphate Company, Inc, hereby authorize and grant to Mark Johnson, the General Manager of the Company's plant in Aurora, North Carolina, and, in the event of his absence, the individual designated to act for the General Manager, the authority, to the extent allowed by law, to execute and/or subunit for and in the name of the Company, with respect to those operations and facilities under his supervision, (a) all environmental permit applications, amendments and renewals, (b) submittals for administrative/agency enforcement matters, (ce) all other reports and notices required by federal, state or local environmental authorities or laws, and (d) responses to requests for information or data from such authorities not covered by (a) or (b) above, and I hereby further authorize and grant to said Manager's designee the authority to make the immediate verbal notifications contemplated by clause (c) above. This delegation of authority is effective February 2016 and shall remain in effect until terminated or superseded by subsequent writing. PCS PHOSPHATE COMPANY, INC. Date: February ZF, 2016 Aurora Division —1530 Hwy. 306 South, Aurora, NC, USA 27806 T (252) 322-4111 F (252) 312-8061 PCS Phosphate Company, Inc. I www.potashcorp.com Holli Williamson From: Rosemary Williamson Sent: Friday, April 26, 2019 3:45 PM To: List- PCS-Au rora Mg rSu pt Subject: Mark Johnson - Absence from the Site Mark will be away from the site April 29 — May 2, 2019. Tim Jestness will act on Mark's behalf during his absence. Thanks, Rosemary Rosemary Williamson Executive Assistant Administration 1530 Hwy. 306 South Aurora, NC 27806 t252-322-8148 c 252-947-0780 Rosemarv.Williamson cDnutrien.com www.nutrien.com Nutrien- Water Resources ENVIRONMENTAL OUALIrY February 26, 2018 MARK D. JOHNSON — GENERAL. MANAGER PCS PHOSPHATE COMPANY, INC. POST OFFICE Box 425 AURORA, NORTH CAROLINA 27806 Dear Mr. Johnson: ROY COOPER Governor MICHAEL S. REGAN Secrelary LMA CUL,PEPPER lNerim Director Subject; Permit No. WQ0008570 Aurora Phosphate CLRS Closed -Loop Recycle System Beaufort County In accordance with your permit renewal request received May 3, 2016, and subsequent additional information received August 29, 2016, March 1, 2017, and November 30, 2017, we are forwarding herewith Permit No. WQ0008570 dated February 26, 2018, to PCS Phosphate Company, Inc. for the continued operation of the subject wastewater treatment and closed -loop recycle facilities. This permit shall be effective from the date of issuance until January 31, 2023, shall void Permit No. WQ0008570 issued November 26, 2007, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachment C for it may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note that the closed -loop recycle faellities previously permitted under Permit Nose WQ0001105, WQ0005682, and WQ0036777 have been Incorporated into the subject penult, and that Permit Nos. WQ0001105, WQ0005682, and WQ0036777 have been rescinded. If any Pia requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and Sled with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. -'Mottling Compares:.-.... State of North Carolina I Environmental Quality I Water Resources 1 waaW QuWiry Permit ft 1 Nan -Discharge Pe matting 1617 Melt Service Clew I Rskigh, Notch Carolim 27699-1617 919-807-6332 Mr. Mark D. Johnson February 26, 2018 Page 2 of 2 If you need additional information concerning this permit, please contact Nathaniel Thornburg at (919) 907-6453 or nathaniel.thornburw_O,ncdenr.aov, Sincerely, Linda Culpepper, Interim D➢rector Division of Water Resources cc: Beaufort County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT- COMIMSSRON 111 1" -V 1'd 1 MAJ713 RALEIGH CLOSED -LOOP RECYCLE SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO LICS Phosphate illtl) pjtla{:, Company, .._ jl ..it 11paIIIInc. Beaufort a FOR TIE continued operation of a closed -loop recycle facility consisting of: a 114 acre clay lined gypsum pile (GP.4) with an underdrain collection system; a 115 acre lined gypsum pile (OP-5) with an underdrain collection system; a 106 acre lined gypsum pile (GP-6) with an underdrain collection system; a 120 acre cooling pond (CP-1); a 60 acre cooling pond (CP-2); a 50 acre lined cooling pond (CP-IA); and all associated piping, pumps, valves, controls, and appurtenances to serve the Aurora Phosphate CLRS, with no discharge of wastes to surface waters, pursuant to the application received May 3, 2016, and subsequent additional information received by the Division of Water Resources, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until January 31, 2023, shall void Permit No. WQ0008570 issued November 26, 2007, and shall be subject to the following specified conditions and limitations: I. SCHEDULES 1. No later than six months prior to the expiration of this permit, the iPermittee shall request renewal of this permit on official Division forces. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Mule 15A NCAC 02T .0105(d) requires an updated site reap to be submitted with the permit renewal application. [I SA NCAC 02T .0105(d), 02T .0106, 02T .0109, 02T .0115(c)j WQ0008570 Version 4.0 Shell Version 171103 Page 1 of 6 la. PERFORMANCE STANDARDS 1. The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to the surface waters, nor any contravention of groundwater or surface water standards. In the event that the facilities fail to perform satisfactorily, including the creation ofnuisance conditions due to improper operation and maintenance, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or recycle facilities. [15A NCAC 02T .0108(b)(1)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02B .0200, 02L .0100] 3. All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [ 15A NCAC 02C .0108] 4. For disposal systems individually permitted prior to December 30, 1983, the compliance boundary is established at either 500 feet from the effluent disposal area, or at the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143- 215.6C. [15A NCAC 02L .0107] 5. For disposal systems individually permitted on or after December 30, 1983, the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143 215.6C. [15A NCAC 02L .0106(d)(2), 02L .0107(b)] 6. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0106, 02L .0108] 7. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)] 8. In accordance with I SA NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in I SA NCAC 02L .0107(g). [15A NCAC 02L .0107] 9. Except as provided for in I SA NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Beaufort County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(rf)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right ofthe Penuittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [I 5A NCAC 02L .0107(f)] WQ0009570 Version 4.0 Shell Version 171103 Page 2 of 6 10. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for storage and treatment units (i.e., CP-1, CP-I A, CP-2, GP-4, GP-5) permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Surface waters: 50 ii. Any well with the exception of a Division approved groundwater monitoring well: 100 iii. Any property line: 50 [ 15A NCAC 02H .02190)] b. The setbacks for storage and treatment units (i.e., GP-6) permitted under 15A NCAC 02T .1000 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 100 ii. Any private or public water supply source: 100 rn. Surface Waters: 50 iv. Any well With the exception of a Division approved groundwater monitoring well: 100 v. Any property line: 50 [15A NCAC 02T .1006(a)] IFII . IQrJ Its � I 1 {71� 11�11., dill) ►Y1 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permitiee shall maintain an Operation and Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [l 5A h1CAC 02T .1007] 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC OBG .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC ORG .0200, and shall comply with all other conditions specified in the previously cited rules. [15A 1\ICAC 02T .0117] 3. Public access to the wastewater treatment facilities and closed -loop recycle system shall be prohibited. [15A NCAC 02T .1000(a)(1)] 4. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15A NCAC 02T .0108(b)(1)] 5. Freeboard in cooling ponds CP-I, CP-IA, and CP-2 shall not be less than two feet at any time. [15A NTCAC 02T .1005(b)(6)] 6. Gauges to monitor waste levels in cooling ponds CP-I, CP-IA, and CP-2 shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum Iiquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02T .010g(b)(1)] WQ0008570 Version 4.0 Shell Version 171103 Page 3 of 6 7. A protective vegetative cover shall be established and maintained on all earthen embankments (Le., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [I SA NCAC 02T .0105(b)(1)] 8. Dredging of gypsum solids from cooling ponds CP-I, CP-lA, and CP-2 is approved using wet dredging to an active gypsum stack. Dredged gypsum solids may ultimately be disposed in a mine reclamation area, through an approved clay/blend process, or other approved method, as part of the DEML,R issued mining permit in accordance with all applicable state statutes and regulations. The Washington Regional Office shall be notified in writing at least 30 days prior to the start of a dredging operation. This written notification shall include the extent of the intended dredging, and the specific gypsum pile on which the solids will be disposed. Upon completion of each dredging event, 3 copies of a report summarizing the project (volume of material removed, project start and completion dates, any available analytical data characterizing dredged material) shall be submitted to the Washington Regional Office, 943 Washington Square Mall, Washington, NC 27559 within 90 days. [15A NCAC 02T .0105(b)(1)] 9. Solids removal in cooling pond CP-I shall be limited to a depth of 7.5 feet mean sea level (MSL,), solids removal in cooling pond CP-2 shall be limited to a depth of 7.0 MSL, and solids removal in cooling pond CP-lA shall be limited to a depth of 15 MSL. [15A NCAC 02T .0108(b)(I )] I. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. [15A NCAC 02T .010l1(c)] 2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02H .01100] 3. Freeboard (i.e., waste level to the lowest embankment elevation) in cooling ponds CP-1, CP-IA, and CP-2 shall be measured/calculated to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [1 SA NCAC 02T .0108(c)] 4. Monitoring wells shall be sampled at the frequencies and for the parameters specified in Attachment C. All 1 manning, well construction forms well abandonment forms and monitorinp, data shall refer to the_p rmit number and the well nomenclature as provided in Attachment C and Figure 1 [15A NCAC 02T .0105(m)] 5. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GPI-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [I 5A NCAC 02T .0105(m)] WQ0008570 Version 4.0 Shell Version 171103 Page of 6. Noncompliance pliaance Notification; The Permittee shall report by telephone to the Washington Regional Office, telephone number (252) 946-6481, as soon as possible, but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit Iimitations. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0105(b)(1)] V. INSPECTIONS 1. The Perrnittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and recycle facilities. [15A NCAC 02T .OlOW)] 2. The Permittee or their designee shall inspect the wastewater treatment and recycle facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and recycle facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)] VIE. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. [G.3. 143-215.6A to 143-215.6C] 2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. [15A NCAC 02T .01101 3. This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n). [G.S. 143-21.5. I ] WQ0008570 Version 4.0 Shell Version 171103 Page 5 of 6 4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be unposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02E .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under General Permit NCGO10000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] S. In the event the permitted facilities change ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC 02T .0104] 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0108(b)(1)] 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T .01050)] S. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A NCAC 02T .0120] 10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 26'h day of February 2018 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION /el (Linda Culpepper, Interim Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0009570 WQ0008570 Version 4.0 Shell Version 171103 Page 6 of 6 AND RA°l TACEXENT tC --�Gy R®�J1��,T,D ATER�10g�ONI .'p RINGq �LLIMI�['7A�gTIONS ��g� Pe itt Number- WQ0008570 Version. 4.0 HOER tiring 1W elb: M�%I A, Mpv I-0, MQ9'14 A,MCV1-`4B,M�g I -SA, LGf11yVA-5B, MVf7!14A, dVA 916A-6B, MV`9I- A, MWI./B, 1mEWI-SA, MC'VI-B B, M9V-13 (ICI 2_1AR), MW-14 2-IBR), MW2-3A, R 12-3E, NW2 4A, MW24B, MW2 4C,1 2-5B, and 2-SC GROII)MBl1AiT ER CHARACT19RHSTECS GROUNDWATER STAFIII AR DS IlII®PIi'Il'ORING REQiJIREl1E➢m PCs Code I Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 01002 Arsenic, Total (as As) --------------- 10 µg/L Semi-annually Grab I 01027 Cadmium, Total (as Cd) 2 µg/L annually Grab 1 00650 Carbon, Tot Organic (TOC) mg/L Annually Grab 1,6 00940 Chloride (as Cl) 250 mg/L Semi-annually Grab 1 01034 Chromium, Total (as Cr) 10 µg/L annually Crab l 00951 Fluoride, Total (as F) 2 mg/L Semi-annually Grab 1 01051 Lead, Total (as Pb) 15 µg/L Annually Grab 1 01055 f Manganese, Total (as Mn) C 50 µP,/L Semi-annually Grab 1 01067 Nickel, Total (as Ni) 100 µg/L Annually Grab l 00400 pI-I 6.5-5.5 su Semi-annually Grab 1,2 00665 Phosphorus, Total (as P mg/L Semi-annually Grab 1 01147 Selenium, Total (as Se) 20 µg/L Annually Grab 1 00929 Sodium, Total (as Na) mg/L Scmi-annually Grab 1 70300 Solids, Total Dissolved - 180 aC 500 mglL Semi-annually Grab 1 00945 Sulfate, Total (as 804) 250 mg/L Semi-annually Grab 1 OWVOC Volatile Compounds (GC/MS) Present: Yes/No Annually Grab 1, 4, 5 82546 I. Semi-annual Water Level, Distance from measuring point monitn�ina chap ham.-.,�rY,,,•rP,i :w Anm., a.s nt...,o...x.a_ _._, _ feet Semi-annually Calculated 1, 2, 3 ., --- --• -,,,. -•� •-••��•, �+...ii— auvnewamg auGll UC7 cullauc[ea every Nc)vemoer. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of pH shall be made after purging and prior to sampling for the remaining parameters. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of casing) of all monitoring wells shall be surveyed relative to a common datum. WQ0008570.1Jersion 4.0 Attachment C Page 1 of 2 4. Volatile Organic Compounds (VOC) - In November only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 µg/L or less b. Standard ]Method 621 OD, PQL at 0.5 gg/L or less C. EPA Method 8021, Lowy Concentration, PQL at 0.5 µg/I, or less d. EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less e. Another method with prior approval by the Water Quality Permitting Section Chief Any method used must meet the following qualifications: a. A laboratory must bo DWIL certified to nun any method used. b. The method used must, at a minimum, include all the constituents listed in Table VIIII of Standard Method 6230D. c. The method used must provide a PQL of 0.5 µg/L or less that must be supported by laboratory proficiency studies as required by DWR. Any constituents detected above the M DL but below the PQL of 0.5 µg/L must be qualified (estimated) and reported. 5. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Washington Regional Office supervisor, telephone number (252) 946-6481, must be contacted immediately for further instructions regarding any additional follow-up analyses required. 6. IfTOC concentrations greater than 10 mg/L am detected in any downgradient monitoring well, additional sampling and anal this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 0 mg/L � must concentration conducted to identify the individual constituents comprising concentration. Any exceedances of this naturally occurring TOC concentration in the down ,this concentration will pl taken to represent the naturally occurring TOC 7. Monitoring wells shall be reported consistent with the nomenclature and location information in Figure 1 and this attachment subject to the nil sampling and analysis as described shove. WQ0008570 Version 4.0 Attachment C Page 2 of2 wag s� xN t1oE S " 8tlW �01(136�NfQ3N��.2! -P-0-M 1- , 0.w�eeaapa's C eex+w�ra� O Pwm9 Z-A.M P-r 9p On ML 0 7. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0108(b)(1)] Dredging of gypsum solids from cooling ponds CP-I, CP-IA, and CP-2 is approved using wet dredging to an active gypsum stack. Dredged gypsum solids may ultimately be disposed in a mine reclamation area, through an approved clay/blend process, or other approved method, as part of the DEMLR issued raining permit in accordance with all applicable state statutes and regulations. The Washington Regional Office shall be notified in writing at least 30 days prior to the start of a dredging operation. This written notification shall include the extent of the intended dredging, and the specific gypsum pile on which the solids will be disposed. Upon completion of each dredging event, 3 copies of a report summarizing the project (volume of material removed, project start and completion dates, any available analytical data characterizing dredged material) shall be submitted to the Washington Regional Office, 943 Washington Square Mall, Washington, NC 27589 within 90 days. [15A NCAC 02T .0108(b)(1)] 9. Solids removal in cooling pond CP-I shall be limited to a depth of 7.5 feet mean sea level (MSL), solids removal in cooling pond CP-2 shall be limited to a depth of 7.0 MSL, and solids removal in cooling pond CP-IA shall be limited to a depth of 15 MSL. [15A NCAC 02T .0108(b)(1)] HIV. MOMTORWG AND REPOflBT�Q� REOUMEWSTS I. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)] 2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02Id .0800] 3. Freeboard (i.e., waste level to the lowest embankment elevation) in cooling ponds CP-I, CP-IA, and CP-2 shall be measured/calculated to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] 4. Monitoring wells shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms well abandonment forms and monitorinPdata shall refer- to the permit number and the well nomenclature as provided in Attachment C and Figure 1 [15A WCAC 02T .0105(m)] Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW 59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address; Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] WQ0008570 Version 4.0 Shell Version 171103 Page 4 of 6 M. OPERA TTOXY AVn hUEiA-- 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater (� 1 resulting from the operation of this facility. e ._Pe�tiaittec .s all mamtagn�P� - nM 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the previously cited rules. 3. Public access to the wastewater treatment facilities and closed -loop recycle system shall be prohibited. 4. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. Pe mi ee s alb maitttairr-a residual m i inert lira strut to -15 _ II 1_O8 5. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. 6. (1Vo-wastewater other,tliatr that approved_y- tliis.pififi shall.b6 disposed: o%in the coaling pods_ or. [flowed, to- enter the recycle, sys"t_em:J A permit amendment is required from the Division of Water Resources to add any new sources of wastewater. The makeup water to the recirculating system is stormwater and/or mine process generated wastewater which is defined in 40 CFR 43 6.1g l e. 7. Freeboard in the cooling ponds shall not be less than two feet at any time. 8. :gage toQilc�rrvaste:li�els irithe.cooluig.Foatrddsiitalle;povided This gau�.shaiLl�eadiy. visible-peezatxra�p�tg;.at.inch.-og tentli.of a foo't.itecnemnts; i�d ctittg-1ewfo�tovting_eleatiorts grlaXrmllm-li0uld-le�iPl at tRP_fni, :,fat,e s .�__�,= _=• ��---- .-�-- - 1®west.poiii! ori:top of..tlie dYm-' 9. Solids removal is Cooling Pond 1 shall be limited to a depth of 7.5 feet M[SL hnd solids removal in Cooling Pond 2 shall be limited to a depth of 7.0 MSL. 10. Dredging of gypsum solids from the cooling pond(s) is approved using either methods of wet dredging to the active gypsum stack or by dry excavation and. truck hauling to the reclamation gypsum stack. The ultimate disposal of gypsum from the PCS Phosphate (Aurora) gypsum stacks is through the gypsum/clay blend system into a mine reclamation area. 11. At least thirty (30) days prior to the start of a dredging operation, the permittee must notify the Division's Washington Regional Office of its intentions in writing. This written notification shall include the extent of the intended dredging and the specific gypsum pile on which the solids will be disposed. IV. MONITORAND REPORTING REQUIREMENTS 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. WQ0001105 Version 3.0 Shell Version 131016 Page 3 of 6 8. Periodic removal of solids from cooling ponds CP-1, CP-IA, and CP-2 is necessary to maintain system efficiency and storage capacity. The solids in CP-I and CP-IA are comprised of post precipitated calcium sulfate (gypsum) where the solids in CP-2 are a mixture of calcium sulfate and solid fertilizer. Removal of these solids is approved using dredging or dry excavation. The solids may report to a mine reclamation area, through an approved clay/blend process, or other approved method, as part of the DEMLR issued mining permit in accordance with all applicable state statutes and regulations. The Washington Regional Office shall be notified in writing at least 30 days prior to the start of removal of solids from one of the ponds. This written notification shall include the extent of the intended solids removal, the method which will be used and the point where the solids are to be introduced into the clay/blend system. Upon completion of each solids removal event, 3 copies of a report summarizing the project (volume of material removed, project start and completion dates, any available analytical data characterizing the solids removed) shall be submitted to the Washington Regional Office, 943 Washington Square Mall, Washington, NC 27889 within 90 days.