NC0000175_Comments_20190501

Sibelco North America
136 Crystal Drive • Spruce Pine, NC 28777
(PHONE) 828/765-1114 • (FAX) 828/765-4755
May 1, 2019
Mr. David Hill
NCDEQ-DWR
Water Quality Permitting Section
512 North Salisbury Street
Raleigh, NC 27699-1611
david.hill(.ncdenr.gov
Re: Permit Renewals for Pollution Discharges to the North Toe River
Sibelco North America, Inc.
NPDES Permits: NC000175, NC0000361, NC0084620 and NC0085839
Dear Mr. Hill:
Sibelco North America, Inc. (Sibelco) is submitting these comments in support of the
renewal of the above referenced permits and in response to comments submitted by the Southern
Environmental Law Center (SELC) on February 19, 2019. The NC Department of
Environmental Quality (DEQ), Division of Water Resources (DWR) reopened public comment
on the permits on April 3, 2019, with a deadline for public comments to be submitted by May 3,
2019.
The Spruce Pine region of North Carolina is known to be the world's leading resource for
high purity quartz. High -purity quartz is used throughout the nation and the world for fabrication
of semiconductors, computer chips, solar cells, fiber optics, quartz lighting and similar uses.
Sibelco's quartz mining operations in the Spruce Pine area have a long and important
relationship to the area. Sibelco, which formerly operated under the name Unimin Corporation,
has been engaged in quartz mining for approximately 40 years. Sibelco is a major employer in
the Spruce Mine region with approximately 364 employees.
Sibelco owns and operates four facilities in the Spruce Pine area, operating under the
following NPDES permits:
NC0000175 Sibelco NA Quartz Facility: 7368 South 226 HWY, Spruce Pine.
NC0000361 Sibelco NA Schoolhouse Facility: 107 Harris Mining Company Rd., Spruce
Pine.
NC0084620 Sibelco NA Crystal Facility: 136 Crystal Dr., Spruce Pine.
NC0085839 Sibelco NA Red Hill Facility: 2241 NC HWY 197, Bakersville.
The Schoolhouse agd Quartz facilities are Sibelco's largest operations, performing mining and
mineral separation to recover high purity quartz. The mined quartz is then sent to the Crystal and
Red Hill facilities that perform additional processing to remove the remaining impurities in the

Mr. David Hill
Page 12
quartz.' The Schoolhouse and Quartz facilities have a higher wastewater flow rate (2.16 MGD
and 3.6 MGD respectively) as compared to the Crystal and Red Hill plants (0.553 MGD and 2.0
MGD).
Not only is the Spruce Pine area rich in mineral resources, it is also the location of
exceptional natural resources, with the North Toe River designated as a Class C Trout Stream.
As such, Sibelco recognizes its important responsibility to this environment. As a company,
Sibelco identifies sustainable operations and resources as a significant benchmark against which
we monitor our progress and performance. It is considered one of our "dimensions of
operational excellence" and is one of the core values that guides Sibelco. We recognize the need
to proactively manage our operations and resources to ensure a beneficial and sustainable future
for our employees, customers, community members and stakeholders. Failure to protect these
natural resources would be inconsistent with this core value.
Specifically with regard to Sibelco's core values and the recognition of the natural
resources of the North Toe River, Sibelco has been a key member of the Toe River Valley
Watershed Partnership (Watershed Partnership), which was formed with the goals of (i)
reducing turbidity in the North Toe River; (ii) removing the impacted segment of the North Toe
River from the 303(d) list; and (iii) eliminating the need for the Environmental Protection
Agency (EPA) to create a Total Maximum Daily Load (TMDL) for turbidity for this segment of
the river. In 2008, EPA designated an 11.3-mile section of the North Toe River from Grassy
Creek to South Toe River, encompassing the majority of Spruce Pine mines, as impaired for
turbidity and placed this section of the river on EPA's Federal 303(d) list.2 Beginning in 2010,
Sibelco partnered with DWR to help form the foundation for the Watershed Partnership and it
quickly grew to include members from multiple local, state, and federal agencies, farmers, public
interest groups, and concerned citizens, and others.3 Funds were generated to implement
important restoration projects and to educate farmers and owners and operators of construction
sites with regard to the importance of site stabilization and prevention of erosion.
Sibelco has played a key role in the Watershed Partnership and other measures to
improve the water quality of the North Toe River. To initiate the Watershed Partnership, Sibelco
contributed over $450,000 to assist DWR in securing a $300,000 grant under Section 319 of the
Clean Water Act. Sibelco also took the lead in implementing mining best management practices
(BMPs) that are more stringent than permit requirements and conducted a stream restoration
project resulting in the restoration of 1,000-feet of the North Toe River. Sibelco has funded the
salary for the position of "Toe -Cane Watershed Coordinator" for the past five years. The efforts
by Sibelco and the entire Watershed Partnership thus far have improved the impaired portions
and both sections of the river were recently identified for delisting in DWR's 2018 Draft
Delisting Document published on March 29, 2019 and updated on April 1, 2019. The Draft
' The Crystal plant ceased operations in October 2012 and, until the end of 2016, only treated stormwater. In 2017,
the Crystal plant initiated partial operations and has not utilized hydrofluoric acid (HF) since 2012.
2 EPA also listed a 9.4-mile section upstream of all mining operations on the 303(d) list. SELC's reference to both
segments as being downstream of the mining operations is incorrect.
3 The Upper North Toe River Watershed Action Plan may be found at
hops://files.nc.gov/ncdeq/Water%20Quality/PlanningNPU/319/WatershedMGTPIans_9element/Final%20N Toe R
_9EP-12-31-2014.pdf.

Mr. David Hill
Page 13
Delisting Document proposes to remove the 11.3-mile section of the North Toe River identified
above from the 2018 303(d) list, concluding that "[t]he assessment and interpretation of more
recent or more accurate data in the record demonstrate the parameter of interest [turbidity] is
meeting criteria."4 This document plays a critical role in understanding the lack of impacts of
Sibelco's operations on the North Toe River and was not considered by SELC in its comments.
Consistent with its corporate values and in cooperation with the Watershed Partnership, Sibelco
has provided substantial benefits to the North Toe River.
SELC's comment letter addresses the four draft permits issued to the Sibelco facilities
and two draft permits issued to The Quartz Company (TQC). Although Sibelco and TQC are
engaged in the same industry, Sibelco is only speaking in this letter as to its operations and its
wastewater treatment methods, and it is not appropriate to conflate the wastewater treatment
methods and discharges of the two companies. Sibelco's wastewater treatment methods exceed
industry standards and are protective of the natural resources and water quality of the North Toe
River. Sibelco's treatment plants represent a $53.7 million investment in its operations and
protection of the North Toe River.
The effluent limitations in the draft NPDES permits issued to Sibelco are appropriate and
protective of the environment and reflect Sibelco's treatment technologies that exceed industry
standards. None of the constituents in Sibelco's discharges present a reasonable potential to
cause or contribute to an exceedance of water quality standards in the North Toe River. The
North Toe River is large with high 7Q10 flows, and Sibelco's maximum allowed wastewater
discharges represent a small percentage of the total flow (Quartz-- 11 %; Schoolhouse - 10%; Red
Hill - 3%; Crystal - 2%). The high 7Q10 flow is important because it increases the assimilative
capacity of the North Toe River. Comparing the effluent limitations to water quality standards is
often misleading. It is not unusual for a facility to discharge constituents at higher levels than the
water quality standards — what is important is whether that concentration, once it is discharged
into a high flow river, will cause or contribute to an exceedance of a water quality standard in the
receiving water. Due to the relatively low volume of Sibelco's discharges and the concentration
of constituents in Sibelco's discharges, Sibelco's discharges do not present a reasonable potential
to cause or contribute to an exceedance of water quality standards in the North Toe River.
SELC's comment letter states that DEQ must impose tighter effluent limits for total
suspended solids (TSS) and fluoride and to impose a chloride limit in the NPDES permits for
two of Sibelco's plants. No additional limitations are necessary. As discussed below, the
conditions described by SELC bear no resemblance to Sibelco's operation and discharges.
Total Suspended Solids -- SELC does not recognize that the segment into which the
Sibelco facilities discharge is proposed for delisting as a result of the coordinated efforts of
Sibelco and the Watershed Partnership to improve the conditions of the North Toe River. With
regard to Sibelco's facilities, Sibelco invests the time and resources necessary to consistently
discharge effluent below the NPDES permit limits for TSS and is uniformly in compliance with
the stringent 10 NTU limit, which is above and beyond the requirements for similar industry in
a See htEns://files.nc.ov/ncdeq/2018 NC Draft 303d Delistings040119.pdf.

Mr. David Hill
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different locales.5 Sibelco is not discharging "over 10,000 pounds of suspended solids" into the
North Toe River, as alleged by SELC. Rather, Sibelco is discharging TSS at limits that are
appropriately protective of the North Toe River and ensure compliance with water quality
standards. As a result, more stringent limits are not necessary based on actual data and
considering that DWR has proposed to remove this segment of the North Toe River from the
303(d) list.
Fluoride -- As noted by SELC, a fluoride waste load allocation (WLA) was developed in
1986 for the North Toe River. At that time, only the Quartz facility was conducting flotation
mining for high purity quartz and received a WLA for fluoride'. The Schoolhouse facility was
not constructed until 1996. Sibelco elected not to reopen the WLA for fluoride but rather
divided the Quartz facility allocation with Schoolhouse and, more importantly, Sibelco installed
the ANDCO treatment process for fluoride at both facilities. The ANDCO fluoride reduction
system is considered state of the art for the mining industry and allows the Sibelco facilities to
achieve a high rate of fluoride removal, with discharges ranging from 5 to 15 mg/L from the
Quartz and Schoolhouse facilities and consistently below the NPDES permits' effluent
limitations. In addition, quarterly toxicity testing at each of Sibelco's facilities do not indicate
any concerns with acute or chronic toxicity. In addition, weekly samples are obtained upstream
and downstream of discharges of all Spruce Pine operations (the three Sibelco facilities$ and two
TQC facilities). Significantly, 95% of the 96 instream samples taken from Quartz, located
furthest downstream, were less than half the instream fluoride water quality standard (1.8 mg/L)
and, of the remaining 5% of the samples, only one sample exceeded the instream water quality
standard and is considered a statistical outlier.
Chloride -- SELC raises a concern that there are no chloride limits in the NPDES permits
for Sibelco's Crystal and Red Hill plants.9 SELC finds it significant that these plants discharge
chloride at 10 to 25 times the instream water quality standards. As stated above, comparing
discharge concentrations to instream water quality standards is misleading. The question is
whether the discharges have the reasonable potential to cause or contribute to an exceedance of
instream water quality standards in the receiving water and, in making such a determination, both
the rate of flow from the plants combined with the 7Q 10 flow of the river must be considered.
While the Crystal and Red Hill discharge effluent with chloride concentrations above the
instream water quality standard, the low flow of these plants combined with the high flow of the
North Toe River would require the Crystal plant to discharge 11,500 mg/L and 6970 mg/L at the
Red Hill plant, at maximum discharge flow, to cause or contribute to an exceedance of the
5 The SELC comments indicate that the Crystal plant was associated with a turbidity reading as high as 89 NTU.
However, this 89 NTU is an outlier for the Crystal plant. A limited number of high reading were obtained in the
2012-2016 timeframe. However, the facility was shut down and only discharging stormwater during this time
period. In 2017-2018, a few higher turbidity numbers were the result of startup conditions and the learning curve of
a new operator. Subsequent to that time, the Crystal facility has operated within the 10 NTU standard.
6 Although SELC has several specific concerns regarding the methodology under the WLA, this is not the
appropriate forum for challenging the background of the WLA. In addition, the data demonstrate that Sibelco's
discharges do not cause or contribute to an exceedance of the water quality standard in the North Toe River.
The 54.1 mg/L discharge identified in the SELC letter is identified with a TQC facility.
s Red Hills is located 20 miles downstream where the volume of the river is even greater to assimilate the discharge.
9 Chloride discharges from the Schoolhouse and Quartz facilities are below 10 mg/L, substantially below the
instream standard of 230 mg/L.

Mr. David Hill
Page 15
instream standard of 230 mg/L in the North Toe River. Discharges from these two plants
typically are below or substantially below these concentrations. As a result, chloride discharge
limitations are not warranted for these Sibelco facilities.
SELC also raises concerns about the need for permit limitations or requirements based on
North Carolina's narrative criteria restricting visible and other discharges that are injurious to
recreation and aquatic life. SELC includes a number of photographs dated from 2015 and
statements regarding concerns with turbidity and other substances in the North Toe River. It is
unclear from the statements and photographs whether these conditions were caused by Sibelco's
operations or are reflective of current conditions that have resulted from the work of Sibelco with
the Watershed Partnership. Sibelco agrees that there are many potential impacts from a wide
variety of sources on the North Toe River; however, Sibelco disagrees that it is the result of
discharges from its operations and/or that effluent limitations are needed to ensure Sibelco's
compliance with narrative standards.
In addition to its responses regarding effluent limitations, Sibelco also addresses other
issues raised by SELC below.
• Monitoring and Reporting — Sibelco does not agree that a monthly average should be
added to Red Hill's fluoride discharges. DWR elected to use a weekly average when the
Red Hill facility was expanded in 2008. Sibelco does not agree that monthly monitoring
requirements are needed for aluminum, copper, lead, nickel and zinc.10 Rather, quarterly
monitoring, as required by the NPDES permits, is an appropriate method to assess the
facilities' impact, if any, on the receiving stream.
+ Waste Disposal/Removed Substances — The sludge management practices described by
SELC in its comments are associated with TQC's facilities. There is no indication that
Sibelco is not in compliance with the NPDES requirements regarding solids removal. In
addition, with regard to the Sibelco facilities, tailings obtained from the wastewater
treatment plant are disposed in designated waste disposal areas regulated under Sibelco's
mining permits.
• Groundwater Monitoring — Sibelco does not agree that groundwater is at risk from its
wastewater treatment operations or that groundwater sampling should be required in
Sibelco's NPDES permits. Sibelco "stabilization ponds" or "settling ponds" noted in
previous NPDES applications are all lined with geosynthetic liners or packed clay.
• Appalachian Elktoe Mussel — SELC expresses concern regarding the Appalachian Elktoe
Mussel and indicates additional "management planning" is necessary in connection with
the NPDES permits. Although the Appalachian Elktoe Mussel is listed as endangered,
Sibelco's facilities do not impact the Appalachian Elktoe Mussel or its habitat, which is
located 20 miles downstream of the Spruce Pine operations on the North Toe River.
Although the primary concern with this species is impact from silt and sediment, there is
no indication that Sibelco's discharges impact water quality. As discussed above, due to
11 The permits noted by SELC are not associated with the Sibelco facilities.

Mr. David Hill
Page 16
work by Sibelco and the Watershed Partnership, the segment of the North Toe River that
receives the discharges from the Spruce Pine area is proposed for delisting from the
303(d) list.
In conclusion, while Sibelco appreciates SELC's concerns regarding discharges from
Sibelco's facilities on the North Toe River, Sibelco does not agree that the issuance of the draft
NPDES permits to Sibelco will contribute to violations of water quality standards in the North
Toe River. Rather, the limitations and requirements of Sibelco's draft NPDES permits reflect
Sibelco's investment in industry -leading treatment technologies and other efforts to improve the
water quality of the North Toe River, including through its investments and participation in the
Watershed Partnership. As such the requirements and limitations in the draft NPDES permits are
sufficiently stringent to ensure compliance with water quality standards. Sibelco supports
issuance of the draft NPDES permits and is committed to comply with the terms and conditions
consistent with the draft NPDES permits.
Sincerely,
Jeffrey S. Ferguson, P. E.
Sustainability Manager North and South America
SIBELCO NORTH AMERICA