Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
NCG020274_Complete File - Historical_20170418
Georgoulias, Bethany N (A� 0 20 Z?L¢ From: Wiggs, Linda Sent: Tuesday, April 18, 2017 4:56 PM To: Teresa Morris; S. Todd Mickleborough Cc: Georgoulias, Bethany, Scott, Chris; greg.taveras@thequartzcorp.com; lames Garofalo; Riddle, Shawna; Bill Blackmore; Glenn Young; Rolf Pippert Subject: RE: Approved PAMs List Teresa, Gorilla Snot: You may need to contact Cindy Moore regarding the information needed on getting Gorilla Snot approved. Her contact info is on the bottom of the list I sent in the previous email. It is my understanding that Quartz Corp staff (Todd, I believe) have worked with Environmental Testing Solutions (ETS) in Asheville on testing this product. Sampling Data: I have requested data from two outfalls, PM-10 and PM-12. As I noted in my email, these two outfalls are listed on the site map/aerial in the Regional Office referencing the two newer outfalls near the tailings dump at the Southwest area of Pine Mountain mine. This data is requested, regardless of whether or not Gorilla Snot has been or will be used in these areas. Data was due by March 1, 2017 in the Central office, unless an exceedance occurred, then the data was due in the Region the following month. 2016 Data: Central office was able to get me the 2016 Annual Summary Discharge Monitoring Report (DMR) for the majority of the outfalls at PM: PM #5, Westpit, NOVPM, PM#6, PST#3 and PST#15. There were no reports for the two outfalls (10 & 12) noted above. Todd, Have any samples been collected from these two outfall since the last time Shawna and I were at PM with you (3/14/2016). Has everything in that area been directed to #3? My recollection was #3 was on the upside of your haul road and 10 and 12 were on the downside of your haul road. Regardless, where to do U/D for this area will need to be worked out. This should have been worked out in September of 2016. U/D sampling for PM #5 are not on the DMRs. These locations were determined for you on 3/14/2016. U is upstream (north through the trees) in the tributary that PM #5 basin is built in and D is on that same tributary before it goes under the road. PST#15 is penciled in on the site map we have. I don't believe PST#15 was completed on 3/14/2016 or where it will enter that tributary, but your U for PM#5 should be upstream of that. Finally, I meeting at my office is not the most productive, onsite with up to date maps and DMRs is best. Qis+d2 C Environmental Senior Specialist - Asheville Regional Office Water Quality Regional Operations Section NCDEQ - Division of Water Resources 828 296 4500 office 828 299 7043 fax Email: linda.wiggs(g)ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 fc. - Nothing Compares... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Teresa Morris [mailto:Teresa.Morris@thequartzcorp.com] Sent: Friday, April 14, 2017 11:08 AM To: Wiggs, Linda <linda.wiggs@ncdenr.gov> Cc: Georgoulias, Bethany<bethany.georgoulias@ncdenr.gov>; Scott, Chris <chris.scott@ncdenr.gov>; greg.taveras@thequartzcorp.com; James Garofalo<james.garofalo@thequartzcorp.com>; Riddle, Shawna <shawna.riddle@ncdenr.gov>; S. Todd Mickleborough <todd.mickleborough@thequartzcorp.com>; Bill Blackmore <Bill.Blackmore@thequartzcorp.com>; Glenn Young<glenn.young@thequartzcorp.com>; Rolf Pippert <Rolf. Pippert@theq ua rtzcorp.com> Subject: Re: Approved PAMs List Ms. Wiggs, Gorilla Snotis currently applied to one small area at Pine Mountain. All other areas have been covered with material in preparation for seeding. We are currently working to seed most of the exposed areas at Pine Mountain and will eliminate the use of dust suppressing chemicals in most cases. We would still like to be able to use Gorilla Snoton small, active areas as needed in the future. I have obtained information on the product Gorilla Snotand how it compares to other products on the current list of chemical products approved for use for North Carolina. Gorilla Snotis approved for use by many states for dust suppression. What information would the The Quartz Corp need to provide NCDEQ in order to get Gorilla Snotapproved and added to the list of approved products for North Carolina? Also, reguarding sampling data that is required, I would like to discuss where an appropriate place would be to obtain a water sample monthly that would be representative of water in contact with Gorilla Snot(dump area has been covered and no longer has Gorilla Snoton it.) I would be glad to come to your office to discuss this. In the meantime, we will not apply Gorilla Snot to any new areas until we have established an appropriate path forward. Thank You, Teresa K. Morris Environmental Manager The Quartz Corporation P. 828-765-9621 X 7030 C.828-765-6304 Emai1:Teresa.Morris@thequartzcorp.com www.thequartzcorp.com 2 From: "Wiggs, Linda" <linda.wiaas0-ncdenr.cgov> To: "S. Todd Mickleborough"<todd.mickleborouahCa)-theguartzcom.com>, "Teresa Morris" <Teresa. Morris(c)theauartzcora.com>, James Garofalo <lames.crarofaloCa)the4uartzcom.com>, "gre .taverasO-theouartzcora.com"<areg.taverasCEDthepuartzcoro.com> Cc: "Riddle, Shawna" <shawna.riddle@ncdenr.gov>, "Georgoulias, Bethany"<bethanv.4eorcioulias(cDncdenr.-qov>, "Scott, Chris" <chris.scott(ZDncdenr.gov> Date: 04/12/201712:26 PM Subject: Approved PAMs List Quartz Corp staff, Chemicals used for erosion control, including dust suppression, are to be approved by the Division of Water Resources (DWR). Various chemical products have been approved for use, as long as maximum recommended concentrations are not exceeded, and are found on the "North Carolina DWR List of Approved PAMS/Flocculants". Attached is the most current list of chemical be viewed online at the link below under the "PAMS/Flocculants List". products approved for use. This list can also column Additional Information https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land- permits/stormwater-permits/npdes-industrial-sw#tab-3 A product called Gorilla Snot, which is used by Quartz Corp at Pine Mountain, is not an approved product for use (NCG020274, Part II #7.). Wastewater sampling is required quarterly at tailings dump areas, as well as any areas where this product is used. If quarterly sampling has not been performed in these areas at Pine Mountain, monthly sampling is to be instituted immediately (NCG020274, Part IV D Page 12 of 12). Please submit to me all sampling data, to date and throughout 2017, for outfalls PM-10 and PM-12. PM-10 and PM-12 are the nomenclature used on the site map/aerial in the Regional Office referencing the two newer outfalls near the tailings dump at the Southwest area of Pine Mountain mine. All sampling data from these two outfalls to date is to be submitted to me immediately. Data obtained throughout 2017 is to be submitted to me by the last day of each month, for the previous months sampling event. This is a data evaluation and Permit requirement, it is not a DWR Directive to apply for an Individual Permit at this time (COC NCG020274, Letter November 16, 2015). This data submission is in addition too, it is not a substitute for, the Permit submittal requirements. You can submit this data to me by mail, email or fax, which ever works best for you. Thank you, Environmental Senior Specialist —Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4500 office 828 299 7043 fax Email: linda.wioos(c ncdenr.cov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 wo Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. [attachment "ApprovedPAMS4_1_2017.pdf deleted by Teresa Morris/TheQuartzCorp/IMERYS] 7 Energy, Mineral and Land Resources f ENVIRONMENTAL QUALITY November 16, 2016 CERTIFIED MAIL. 70151520 0003 5462 9282 Gregory Taverns The Quartz Corp USA P.O. Box 309 Spruce Pine, NC 28777 SUBJECT: NOTICE OF DEFICIENCY NOD Number: NOD-2016-PC-0573 Permit No. NCGO20274 Pine Mountain Mine Mitchell County Dear Mr. Taverns: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretory TRACY DAVIS Director A review of the submitted second quarter sample collection period Limit Violation Discharge Monitoring Report (DMR) for the subject facility revealed the deficiency(s) indicated below: Limit Exceedance Deficiencv(s): Sample Limit Reported Location Parameter Date Value Value Type of Deficiency PM #6 Total Suspended 6128/16 10 mg/1 390 mg/1 Effluent Limitation Exceeded Solids (TSS) PM #6 Total Suspended 6/28/16 15 mg/1 390 mg/l Effluent Limitation Exceeded Solids (TSS) NOV Site Total Suspended 6/28/16 10 mg/1 19 mg/1 Effluent Limitation Exceeded Solids (TSS) NOV Site Total Suspended 6/28/16 15 mg/1 19 mg/1 Effluent Limitation Exceeded Solids (TSS) State of North Carolina I Environmental Quality I Energy, Mineml and Land Resources 2090 US 70 Highway I Swa inane, NC 28778-8211 $282964500 T Notice of Deficiency The Quartz Corp USA November 16, 2016 Page 2 of 2 Remedial actions, if not already implemented, should be taken to correct the above noncompliance. Please submit a written response to this Notice of Deficiency. Your response is to be received by the regional office within 30 business days following receipt of this violation. Please include any additional documentation about this incident(s) in the response. The submittal will be considered in determining whether the Division will assess a civil penalty for the cited violations. Please be aware that non-compliance with your permit could result in enforcement action by the Division of Energy, Mineral, and Land Resources for these and any additional violations of State law. The Asheville Regional Office encourages you to take all necessary actions to bring your facility into compliance. If you should need any assistance or would like to discuss this non-compliance situation, please contact either Shawna Middle or me at 828-296-4500. Sincerely, Stanley E. Aiken PEA Regional Supervisor Land Quality Section ec: Bethany Georgoulias, Environmental Engineer, (Bethany Georgoulias c@ncdenr.gov) State of North Carolina ( Environmental Qw ty I Energy, Mineral and Land Reswmw 2090 US 70 Highway I Swannanoa, NC 28VB-8211 929 2%4300 T Georgoulias, Bethany From: Georgoulias, Bethany Sent: Thursday, October 20, 201610:58 AM To: 'S. Todd Mickleborough'; Bill Blackmore; Rolf Pippert Cc: Bennett, Bradley; Wiggs, Linda; Riddle, Shawna; stodd.mickleborough@thequartzcorp.com;'Hutson, Benne C.'; Vinson, Toby Subject: RE: Quartz Corp/Request for Modification of Stormwater Permitting Continuous Flow Monitoring Requirements Attachments: NCG020256_Flow- Measurement _ Modification.pdf; NCG020257_Flow- Measurement_Modification.pdf; NCG020274_Flow-Measurement_ Modification.pdf, NCG020818_Flow-Measurement_Modification.pdf, NCG02_SW-vs-WW_Guidance.pdf Todd, Please see the attached letters granting the request to relieve the continuous flow monitoring requirement for specified outfalls at four mine sites. I have also copied Mr. Benne Hutson of McGuire Woods LLP, who submitted the request on behalf of Quartz Corp, as well as our staff in the Asheville Regional Office who worked with you through the review process. We will send out the hard copies to Mr. Taveras today since he is listed as the Owner Affiliation for these permits, but I wanted you to receive your copies as soon as possible. Best regards, Bethany Georgoulias Environmental Engineer Stormwater Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethany.geor og ulias@ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: hqp://deg.nc.gov/about/divisions/energv-mineral-land-resources/stormwater w- —"Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: S. Todd Mickleborough [mailto:todd.mickleborough@thequartzcorp.comj Sent: Friday, September02, 2016 1:33 PM To: Georgoulias, Bethany<bethany.georgoulias@ncdenr.gov>; Bill Blackmore <Bill.Blackmore@thequartzcorp.com>; Rolf Pippert <Rolf.Pippert@thequartzcorp.com> Cc: Bennett, Bradley <bradley.bennett@ncdenr.gov>; Wiggs, Linda <linda.wiggs@ncdenr.gov>; Riddle, Shawna <shawna.riddle@ncdenr.gov>; stodd.mickleborough@thequartzcorp.com Subject: RE: Quartz Corp/Request for Modification of Stormwater Permitting Continuous Flow Monitoring Requirements Georgoulias, Bethany From: Georgoulias, Bethany Sent: Thursday, October 20, 2016 12:55 PM To: 'Tyler, Kip' Cc: Jones, Erica; Bennett, Bradley Subject: FW: Quartz Corp/Request for Modification of Stormwater Permitting Continuous Flow Monitoring Requirements Attachments: NCG020256_Flow-Measurement_Modification.pdf, NCG020257_Flow- Measurement_Modification.pdf, NCG020274_Flow-Measurement_Modification.pdf-, NCG020818_Flow-Measurement_Modification.pdf, NCG02_SW-vs-WW_Guidance.pdf; Qua rtz-Co rp_Co nt-Flow-Mod-Req u est_26J u l2016. pdf Hi, Kip, I hope you are doing well. Attached are the letters we sent to Quartz Corp addressing their request for accommodation of the continuous flow monitoring requirement for some wastewater discharge outfalls at four mine sites in NC where appropriate. I've also attached the original request letter for your reference; it included additional questions about wastewater at mines that we have discussed previously. We worked with staff in the Asheville Regional Office (Linda Wiggs and Shawna Riddle) in reviewing and granting the request. Let us know if you have any questions. Thanks so much, Bethany Bethany Georgoulias Environmental Engineer Stormwater Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethany. georgoulias(a)ncdenr. gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: htto://deg.nc.gov/about/divisions/enera-mineral-land-resources/stormwater W. :5,"Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Georgoulias, Bethany Sent: Thursday, October 20, 2016 10:58 AM To:'S. Todd Mickleborough' <todd.mickleborough@thequartzcorp.com>; Bill Blackmore <Bill.Blackmore@thequartzcorp.com>; Rolf Pippert <Rolf.Pippert@thequartzcorp.com> Cc: Bennett, Bradley <bradley.bennett@ncdenr.gov>; Wiggs, Linda <linda.wiggs@ncdenr.gov>; Riddle, Shawna <shawna.riddle@ncdenr.gov>; stodd.mickleborough@thequartzcorp.com;'Hutson, Benne C.' <BHutson@mcguirewoods.com>; Vinson, Toby <toby.vinson@ncdenr.gov> Subject: RE: Quartz Corp/Request for Modification of Stormwater Permitting Continuous Flow Monitoring Requirements Todd, Please see the attached letters granting the request to relieve the continuous flow monitoring requirement for specified outfalls at four mine sites. I have also copied Mr. Benne Hutson of McGuire Woods LLP, who submitted the request on behalf of Quartz Corp, as well as our staff in the Asheville Regional Office who worked with you through the review process. We will send out the hard copies to Mr. Taveras today since he is listed as the Owner Affiliation for these permits, but I wanted you to receive your copies as soon as possible. Best regards, Bethany Georgoulias Environmental Engineer Stormwater Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethanv.geor oug lias(a cl� denr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://deq.nc.gov/about/divisions/energy-mineral-land-resources/stormwater wa. Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: S. Todd Mickleborough [mailto:todd.mickleborough@theguartzcorp.coml Sent: Friday, September 02, 2016 1:33 PM To: Georgoulias, Bethany<bethanv.georgoulias@ncdenr.gov>; Bill Blackmore <Bill.Blackmore@theguartzcorp.com>; Rolf Pippert <Rolf.Pippert@theguartzcorp.com> Cc: Bennett, Bradley <bradlev.bennett@ncdenr.gov>; Wiggs, Linda <linda.wiggs@ncdenr.gov>; Riddle, Shawna <shawna.riddle@ncdenr.gov>; stodd.mickleborough@thequartzcorp.com Subject: RE: Quartz Corp/Request for Modification of Stormwater Permitting Continuous Flow Monitoring Requirements Ms. Bethany I will contact Ms. Shawna next week and arrange for a meeting. Thank you for address this issue, I agree we should be able to sort this out once we all get on the same page. todd From: "Georgoulias, Bethany"<bethanv.georgoulias(a)ncdenr.gov> To: "stodd.mickleboroughO-theguartzcom.com" <stodd.mickleboroughO-theguartzcora.com>, Cc: 'Bennett, Bradley" <bradlev.bennettA-ncdenr.4ov>, "Riddle, Shawna" <shawna.riddle(aD-ncdenr.go_v>, "Wiggs, Linda" <linda.wiggS(cDncdenr.gov> Date: 09/02/2016 01:26 PM Subject: RE: Quartz Corp/Request for Modification of Stormwater Permitting Continuous Flow Monitoring Requirements Hi, Todd, We are working on a response to the permit modification request sent to us on your behalf by McGuireWoods, LLP. After reviewing the letter and talking with the Asheville Regional Office, we don't have a definitive understanding of what discharge points the request is referencing. For example, Pine Mountain names discharge points "pm-pst-3, pmt-st 10, pmt-12, west pit, intersect, shop, or warehouse." The Asheville Office is not certain which outfalls these are, or that this nomenclature matches the outfall nomenclature used previously or for reporting sampling results. Could you please provide clarification about which outfalls this letter means? Or arrange to meet with the ARO staff to go over site plans and clear up the confusion? If you prefer, you may contact Shawna Riddle at ARO directly to arrange this. We are confident we can make an accommodation for continuous flow monitoring for outfalls where appropriate at these operations. We just want to be sure to that we can reference the affected outfalls correctly in our final documentation and response. Thanks so much, Bethany Bethany Georgoulias Environmental Engineer Stormwater Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethany_geor og uliasO,ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://portal.ncdenr.org/web/lr/stormwater [IMAGE] Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Georgoulias, Bethany Sent: Tuesday, August 02, 2016 9:31 AM To: 'Hutson, Benne C.' <BHutson@,mcguirewoods.com> Cc: Bennett, Bradley <bradley.bennett0,ncdenr.gov> Subject: RE: Quartz Corp/Request for Modification of Stormwater Permitting Continuous Flow Monitoring Requirements Mr. Hutson: Thank you for your correspondence requesting modification to the referenced NCG02 Permit Certificates of Coverage. Ken mentioned this request would likely be coming in after he left. I just returned to the office this week after vacation last week, and I will discuss this request with Bradley and confer with the Regional Offices involved as soon as I'm able to do so. Best regards, Bethany Bethany Georgoulias Environmental Engineer 4 Stormwater Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethany.geor ouliasa,ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: hqp://portal.ncdenr.org/web/lr/stormwater [IMAGE] Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Hutson, Benne C.[mailto:BHutsonamcguirewoods.com] Sent: Tuesday, July 26, 2016 2:14 PM To: Georgoulias, Bethany <bethany. eor ouliasancdenr.gov> Cc: bill.blackmore@,thequartzcorp.com; todd.mickleborou h a,thequartzcorp.com; Case, Charles D. <CCase(@,mcQuirewoods. com> Subject: Quartz Corp/Request for Modification of Stormwater Permitting Continuous Flow Monitoring Requirements Ms. Georgoulias: We represent Quartz Corp regarding various environmental matters. I have attached a letter requesting modification of our stormwater permits to remove continuous flow monitoring requirements at various discharge points where there is no continuous flow. I spoke with Ken Pickle a couple of times about this before his retirement and he instructed that this request should be sent to you. Thank you in advance for your consideration of it. I look forward to discussing it with you after you have had a chance to review it. Benne Benne C. Hutson Partner McGuireWoods LLP 201 North Tryon Street Suite 3000 Charlotte, NC 28202-2146 T: +1 704 343 2060 M: +1 704 965 6555 F: +1 704 444 8739 bhutson _,mcguirewoods.com Bio I VCard I www.mcguirewoods.com This a -mail from McGuire Woods may contain confidential or privileged information. if you are not the intended recipient, please advise by return e-mail and delete immediately without reading or forwarding to others. [attachment "image004.png" deleted by S. Todd Mickleborough/TheQuartzCorp/IMERYS] [attachment "image003.png" deleted by S. Todd Mickleborough/TheQuartzCorp/IMERYS] [attachment "Quartz -Corp Cont-Flow-Mod- Request_26Ju12016.pdf' deleted by S. Todd Mickleborough[TheQuartzCorp/IMERYS] 6 Energy, Mineral and Land Resources ENVIRONMENTAL OUALITY October 18, 2016 GregoryTaveras The Quartz Corp USA P.O. Box 309 Spruce Pine, NC 28777 PAT MCCRORY GoMnor DONALD R. VAN DER VAART secretr , TRACY DAVIS Director Subject: General Permit No, NCG020000 The Quartz Corp USA— Pine Mountain M&P COC NCGO20274 Mitchell County Dear Mr. Taveras: We received a request to modify the continuous flow measurement requirement (Footnote 7 to Table 7 in the amended CDC issued in November 2015) from Mr. Berne Hutson of McGuire Woods on behalf of The Quartz Corp on July 26, 2016. The request asserted that seven wastewater discharge points at the Pine Mountain operation do not have continuous flow. Consequently, The Quartz Corp is asking NC DEMLR to remove the continuous flow monitoring requirements at these discharge points. The DEMLR Stormwater Program hereby approves the modification request to allow an instantaneous grab sample of flow or alternative estimate of a daily flow rate (for example, using rainfall amount, percent impervious area, and/or runoff coefficient to calculate a daily flow rate in cis from a precipitation event) in lieu of a continuous flow measurement reading to fulfill the flow monitoring requirement for the specified outfalls in the request. Please maintain this letter for your records for the duration of coverage under this General Permit. If circumstances of the outfalls at this site change in the future, you must notify the Division. Wastewater outfalls that the company refers to at Pine Mountain as #6, #S, and NOV do have continuous flow and should be monitoring according to the permit. In addition, Mr. Hutson's letter asked for clarification about why mining wastes are classified as wastewater discharges. Any wastes (e.g., mine tailings) from the mining process that contacts stormwater is considered wastewater. This determination is not U.S. EPA policy but rather is based on the definition of "process wastewater" in federal regulations in 40 CFR 122.2: "any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product." Mr. Hutson's letter expresses concern about EPA's interpretation being based on data from western U.S. mines "where mine face is more likely to be reactive and leach metals." Perhaps the company's concern centers around mine face or mine excavation stormwater drainage instead of "mining wastes" We know there has been confusion about what stormwater run-off at a mine is considered wastewater, especially after renewal of the NCG020000 General Permit and EPA's intensified focus on State orNorth Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center i 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T NCG020274 Modification Request October 18, 2016 Page 2 industrial mineral mines. In particular, the question about whether mine excavation area rainfall drainage should always be considered "mine dewatering" (and therefore wastewater) has come up. In response, DEMLR's Stormwater Program developed a guidance document to assist regional staff and NCG02 permittees in determining which discharges at a mine operation are stormwater and which are wastewater (enclosed). This guidance is also available on our website. Note the Division recognizes there is some ambiguity and debate about what qualifies as "mine dewatering" in the federal regulations, and that there may be situations where mine excavation run-off does not clearly fit the definition of mine dewatering in 40 CFR 436, which is specific to the type of mine. The task is not always straightforward because there are different implementation possibilities when considering the definition of "process wastewater" in 40 CFR 122,2, the definition of "stormwater discharge associated with industrial activity" in 40 CFR 122.26 (b)(14), and "mine dewatering" definitions in various sub -parts of 40 CFR 436. DEMLR must apply a determination that is consistent with federal requirements and expects the permittee to sample discharges accordingly. We hope this guidance helps clear up the questions you have and better understand NCs Stormwater Program's rationale. If you have questions about specific discharge outfalls at your site, please contact the Asheville Regional Office Stormwater Program staff to arrange a site visit. This permit modification does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mineral, and Land Resources, or permits required by the Division of Water Resources (DWR), Coastal Area Management Act, or any other federal or local governmental permit that may be required. If these monitoring modifications are unacceptable to you, you may apply sooner for an individual NPDES discharge permit. If you have any questions concerning this modification, please contact Bradley Bennett at telephone number (919) 807-6378, or Bethany Georgoulias at telephone number (919) 807-6372. Sincerely, ,P4 forTracy E. Davis, P.E., CPM cc: Benne C. Hutson, McGuire Woods Todd Mickleborough, The Quartz Corp Toby Vinson, DEMLR Land Quality Section NPDES Wastewater Permitting Files, NC0000400 Shawna Riddle, DEMLR Asheville Regional Office Linda Wiggs, DWR Asheville Regional Office Kip Tyler, EPA Region IV NPDES Permitting and Enforcement Branch Stormwater Program Files DWR Central Files State of North Carolina I Environmental Quality i Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury SG I Raleigh, NC 27699 919 707 9200 T Guidance for determination of NPDES regulatory status of various discharges on a mine site (Active and Inactive Mines) Jun 3, 2016; NC DEQ Stormwater Program Feature contributing not Rule or permit citations; to a discharge Conditions and comments sw ww regulated other guidance 1 Undeveloped areas at the site, w/o permitted Other areas closed out and fully reclaimed, too. X Excluded from stormwater def. in mining activity 40CFR122.26(b)(14) 2 Overburden stockpile Not mixed with any mined materials or other wastewater X overburden' at drainage. Better when fully stabilized. 40CFR122.26(b)(14)(iii) 3 Soil borrow area drainage Like a borrow area at a construction site. X DEQ BPI interp. of citation above. 4 Vehicle maintenance areas Additional monitoring, if qualified by motor oil usage. If X Consistent w/other regulated activity commingled with WW, discharge instead subject to identified at 40CFR122.26(b)(14)(viii); wastewater sampling; additional O&G sampling could be DEQ BPJ recommended but not required (per currentpermit). 5 Equipment boneyards X 'refuse sites'in122.26(b)(14) 6 AST Secondary containment release If uncontaminated. X 'tankfarms'in122.26(b)(14) 7 Access and haul roads, without dust control Except: roads off -site are not regulated X X, ae-:ne access roads' in sw definition in maes -; 40CFR122.26(b)(14) 8 Access and haul roads, with dust control, when If just stormwater runoff from sprayed roads. OK to spray X Above citation plus DEQ BPJ for spraying it's stormwater with mine pit water as long as no significant or sustained mine dewatering water for dust control. flow, or discharge to surface waters results. Any Inspector BPJ to determine if excessive chemicals used should be approved and used in proper flow or potential WQ problem is basis doses to prevent aquatic toxicity — refer to approved for wastewater determination. PAMS list or consult DWRAquatic Toxicology Branch. 9 Access and haul roads, with dust control, when If recycled or process wastewater sprayed, or if spraying X NPDES process ww definition at it's wastewater excessive enough to cause sustained flow or discharge to 40CFR122.2 plus DEQ BPJ on prudent surface waters. Also wastewater if any chemicals applied '- protection for NC surface waters. are not approved by DWR Aquatic Toxicology or are used Inspector BPJ to determine if spray in amounts that may cause aquatic toxicity. excessive. 30 Stormwater-only sediment basins If no wastewater contribution (mine dewatering, process X - Stormwater in: stormwater out, DEQ BPJ ww, flow from active mining area.) 11 Stormwater-only sediment basin cleaning spoil Spoil may not impact wetlands. X �- 15A NCAC 28.0231, NC wetlands drainage -: standards 12 Wastewater treatment or recycle basin cleaning Includes basins that treat wastewater or mine X Wastewater in: wastewater out, DEQ spoil drainage dewatering water. - BPJ 13 Processing plant: recycle water overflow or Even if caused by rainfall or mixed with stormwater X 40CFR122.2 def. process ww; process wastewater runoff. Except: segregated areas that do not drain plant yards' in stormwater definition at wastewater would be stormwater, but these are rare. X, :ezare. 122.26(b)(14) 14 Final product stockpile drainage, when it's For most construction materials including sand, gravel, X 'final products' in stormwater def. at stormwater and stone; industrial sand. 40CFR322.26(b)(14) 15 Final product stockpile drainage, when it's For some mineral mines where final' product is subject X 'comes into direct contact wastewater to further processing; and if final product exposes with... intermediate product, final minerals, metals, or chemicals with aquatic toxicity or product...' 40CFR122.2 Def. of process other pollutant risk: DEQ may regulate as Wm wastewater; DEQ BPJ 16 Mine jLit dewatering, pumped or drained by Including contributions from rainfall and groundwater. X 40CFR436.21, .31, and .41; efforts of the operator DEQ BPJ default for all mines 17 Mine E Lit dewatering, via overflow due only to DEC. considers these types of discharges, Including those X 40CFR436.31 Construction sand & gravel rain or groundwater seepage from clay pits (not specified in regs), as regulated have effluent limits and "mine wastewater. Except: such wet pit overflows from 436.21 X, c",mad dewatering" includes wet pit overflows; none wet rtwerticw 436.41 Industrial sand, same; Guidance for determination of NPDES regulatory status of various discharges on a mine site (Active and Inactive Mines) L.n 3 2016 ur ncn c«..,.... n........... Feature contributing not Rule or permit citations; to a discharge Conditions and comments sw ww regulated I other guidance Crushed Stone treated as stormwater, as Iona as not DEQ BPJ for 436.21 Crushed stone commingled with process generated wastewater. narrower mine dewatering definition; DEQ BPJ for clay. 18 Mine face / Mine excavation area drainage (not a e.g., mining an area on a mountain side or sand mine X DEQ BPJ; Def. of mine dewatering in pit), when it's stormwater excavation area(s). When water from the mine area is 40CFR436.21, .31, and .41. Situations Rot "pumped, drained, or otherwise removed where stormwater inside a mine is not from the mine through the efforts of the mine intentionalhr routed out of the mine by operator." But often mine excavation area drainage operator efforts. will be wastewaterper 19. 19 Mine face / Mine excavation area drainage (not a e.g., active mining area on a mountain side or sand mine X Consistent with mine dewatering pit), when it's wastewater excavation area(s). Any "water that is impounded definition in citations above and 'direct or that collects in the mine and is pumped, contact with'40CFR122.2 def. of process drained, or otherwise removed from the mine wastewater. Includes grading, through the efforts of the mine operator is channeling, ditching, or outlet subject to effluent limitation guidelines. Also, mines construction intended to remove/drain water from the active mining area. If where mine face exposure results in significant risk to exposure includes parameters not In water quality standards (note, an individual permit may NCG02 (metals, for example), a general be required to monitor parameters not in NCG02). permit may not be appropriate. 20 Legacy structures at a closed out and reclaimed And for closed out and fully reclaimed portions of an x Excluded from stormwater def. In mine: e.g. stabilized overburden stockpiles, operating site 40CFR122.26(b)(14); not Included in stormwater basins, and pit/quarry overflows process wastewater definition at 40CFR122.2 21 1 Deemed permitted discharges Subject to NC rule, but not this permit. 2T covers - - 15A NCAC 2H .0106(f) discharges to the land surface. SSA NCAC 2T.0113(a)(15),(16) Notes., • What is covered by NCG02? Stormwater and wastewater discharges from construction materials quarries, mineral mines, and stand-alone processing plants associated with them; and clay mines. What is not covered by NCG02? Discharges from tourist gem mines; brick manufacturing w/o clay pits (NCG07); coal, peat, oil & gas; metal mining; DOT barrow areas (110000250); In -stream sand dredging (NCG52); mine operations already covered under an individual discharge permit. • Wastewater commingled with stormwater is regulated as wastewater. Even if the discharge is rainfall driven. • Whether regulated with a permit under the NPDES program or not, mining discharges may not cause or contribute to a violation of an in -stream water quality standard. Bring D WR RO Supervisor into loop If observed site conditions suggest the potential for a Was violation. • Whether regulated with a permit under the NPDES program or not, mining discharges or operations may not: drain wetlands due to dewatering in the mine; blow out wetlands due to the volume of discharges; or damage wetlands with pollutants from the mine property. Bring DWR RO Supervisor into the loop if observed site conditions suggest the potential for wetlands damage whether intentional or incidental/accidental. • The receiving water classification may determine the numerical value of the stormwater benchmarks or the wastewater limitations. See permit text. • What if continuous flow measurement of wastewater is impractical or overly burdensome, and discharge Isn't pumped (no pump curves)? EPA has advised (3/24/2016) that continuous flow meter may not be necessary or practical in all situations, especially where flow discharge is infrequent; DEQ regions can make accommodations to allow permittees to use an alternative method to estimate discharge flows when appropriate. Consider that discharges to HQWs are subject to flow limits in the permit (based on NC WQS). Permit footnote language came from NPDES W W permit standard language and has remained in NCG02 for several permit cycles; DEQ will revisit at renewal. • Limitation of authority: This guidance table is intended as an on -site aid for DEMLR inspectors and for permittees. It does not replace relevant NC law, federal and state rules, NCG02 permit conditions, DEMLR policy, or DEMLR implementation precedent. McGuireWoods LLP Fifth Third Center 201 North Tryon Street Suite 3000 Charlotte, NC 28202 Tel 704.343.2000 Fax 704.343.2300 www.mcgu irewoods.com Benue C. Hutson Direct: 704.343.2060 McGUIREWOODS July 26, 2016 VIA ELECTRONICAND REGULAR MAIL Bethany Georgoulias Environmental Engineer North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 512 North Salisbury Street Raleigh, North Carolina 27604 bhulson@mcguimwoods.com Fax: 704.343.2300 RECEIVED Anf, 04 2016 DENR-LAND QUALITY STORMWATER PERMITTING Re: The Quartz Corp/Permits NCG 020256, 020257, 020274 and 020818 -- Request to Modify Continuous Flow Monitoring Requirements Dear Ms. Georgoulias: We represent The Quartz Corp. As explained in greater detail in the remainder of this letter, we are writing to request modifications to continuous flow requirements at certain discharge points in these permits. I spoke a couple of time with Ken Pickle regarding this issue prior to his retirement and he instructed that our formal request for modification be directed to you. The permits require continuous flow monitoring at various discharge points. However, at a number of these points, such monitoring cannot be done as there is no continuous flow. The specific discharge points where this is the case are: For permit NCG020256 covering the Sullins Wiseman operation, there is no continuous flow at discharge points SW-002 and SW-003. The locations of these discharge points as well as the discharge point where there is a continuous flow are shown on Figure 1. For permit NCG020257 covering the Chalk operation, there is no continuous flow at discharge points SW-002, SW-003 and SW- 004. The locations of these discharge points as well as the discharge point where there is a continuous flow are shown on Figure 2. Atlanta I Austin I Baltimore I Brussels I Charlotte I Charlottesville I Chicago I Dallas I Houston I Jacksonville I London I Los Angeles - Century City Los Angeles - Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I Wilmington Bethany Georgoulias July 26, 2016 Page 2 For permit NCG020274 covering the Pine Mountain operation, there is no continuous flow at discharge point pm-pst-3, pmt-st 10, pmt-12, west pit, intersect, shop or warehouse. The locations of these discharge points as well as the discharge points where there is a continuous flow are shown on Figure 3. As to the discharge points in these permits where there is no continuous flow, we ask that these permits be modified to remove continuous flow monitoring requirements at these discharge points. With regard to permit NCG020818 for the Altapass operation, changes to the discharge points have been made to eliminate the discharges for almost all measurable storm events. (Photographs of the changes are enclosed.) Indeed, no discharge has been observed this year. Quartz will continue to maintain the sediment basins under this permit and, if a discharge is observed during a measurable storm event, sampling and reporting will be done as required. However, since there is no continuous flow at any discharge point identified in this permit, we would request that continuous flow monitoring be removed from this permit entirely. Thank you for your consideration of this request for these modifications. If your staff would like to visit any of the sites to see the conditions described in this letter, let us know and we would be happy to set them up. In addition to these matters, I also discussed with Ken the issue of why mining wastes are being classified as wastewater discharges. He indicated that there is a U.S. EPA policy on this issue and that the State has followed that approach for some time. However, it is our understanding that the EPA interpretation was developed based on data from mines in the western U.S. where the mine face is more likely to be reactive and leach metals. In contrast, the mine faces at Quartz's operations have been shown by testing to be neutral and thus not disposed to leach metals. In light of this difference, we would like to discuss with you and others further this wastewater classification. Thank you for your attention to these matters. We look forward to hearing from you soon. Sincerely, Benne C. H#son Enclosures cc: Bill Blackmore (w/encls.) Todd Mickleborough (w/encls.) Charles Case (w/encls.) II IN ilwNld a3ivm ?JOlS ,dl]VAO (INVI-aNK H 9loz -V 0 JI11 796000! • ^ � " 798000...... MW ���f�� � .:^��\ t�l Ai h CJl� 1> ki IN ^,4) Georgoulias, Bethany I V ` / 1 From: Wiggs, Linda Sent: Thursday, January 28, 2016 6:14 PM To: Georgoulias, Bethany Cc: Riddle, Shawna Subject: FW: Quartz conf call Monday Below are questions I have received from Quartz Corp. Shawna and I also addressed with them the flow meter requirements, but I am sure it will come up also since we have 3 different site managers with 3 very different sites trying to figure out how to manage that requirement. Environmental Senior Specialist - Asheville Regional Office Water Quality Regional Operations Section NCDEQ- Division of Water Resources 828 296 4500 office 828 299 7043 fax Email: I i nd a.wiggs(a)ncde n r.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 !i Nothing Compares W ®vl,f o r--(�, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Glenn Young [mailto:glenn.young@thequartzcorp.comi Ty — Sent: Thursday, January 28, 2016 6:01 PM To: Wiggs, Linda <linda.wiggs@ncdenr.gov> Cc: Bill Blackmore <Bill.Blackmore@thequartzcorp.com>; Greg Taveras <greg.taveras@t quartzcorp.com>; Jerry Prosser <jerry.prosser@thequartzcorp.com>; S. Todd Mickleborough <todd.mickleboro gh@thequartzcorp.com> Subject: Re: Quartz conf call Monday �(� �1 L OQW r1U Linda, Here are my questions regarding COCNCG020274 General Permit no... NCG02000. A) considering all outfalls at the KT Plant that discharge into the N Toe river are wastewater discharges: 1)"rs the TSS limitati n, Table 8, 45 , 30,or 15, jpily maximum? 2�Nhat are the outfall sampling requireme s for a "controlled" discharge ?1."hat is the correct gnddress that the yearly DMR report must be mailed to?+4ble of the General Permit please explain the Effluent 'Limitation for daily flow rate "50% of 7Q106", daily maximum Considering all runoff at the plant site to be waste water what are the stormwater, monitoring r4quirementsJ, }regard , Bud J v<rve .7A fP 2,'ei 'i ?ni CfcWS!JEI4 2'Fev- From: aas. Linda' <linda.v4 s ncdenr. ov> o: ungQthequartzcorp.cam" < oun the or .co >, "Pickle, Ken" <ken.olckle(cDncdenr.aov>, "Georgoulias, Bethany" han . eor oulias ncdenr. ov>, "Riddle, Shama" <sh wa.riddle ncdenr. ov>, luartz Date: 7/2016 05:34 PM Subject: cant call Monday v� 9� o� �� l � t P �re� t,,a,,,,�Y. Hi Folks, It looks like everyone is available for conference call on Monday 2/1 between 1-3, so let's put that on our calendars. *I need the Quartz folks to get me a list of questions, preferably by the close of business Thursday 1/28, so I can share those with Raleigh staff in preparation. *I need the Raleigh folks to set up the conference call. Bethany, we are thinking you did this before, yes/no? I think the Region and Quartz Corp just gave you phone numbers to call and that was how we were connected? *I also need a consensus on a time Monday. I doubt it will take two hours, but we need to know what time the group wants to start the call? Environmental Senior Specialist —Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4500 office 828 299 7043 fax Email: linda.wiggs(dncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 !'"Nothing Compares,.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Y r 2 Georgoulias, Bethany From: Wiggs, Linda Sent: Thursday, January 28, 2016 1:46 PM To: Georgoulias, Bethany; Riddle, Shawna Subject: RE: Quartz conf call Monday Ok, 1:00 on Monday it is. Shawna can come to my office, so call my number 828-296-4653. Thanks Environmental Senior Specialist —Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4500 office 828 299 7043 fax Email: Iindamioos(a ncdenr ciov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Georgoulias, Bethany Sent: Thursday, January 28, 2016 1:29 PM To: Glenn Young <glenn.young@thequartzcorp.com> Cc:'gyoung@thequartzcorp.com' <gyoung@thequartzcorp.com>; Pickle, Ken <ken.pickle@ncdenr.gov>; Wiggs, Linda <linda.wiggs@ncdenr.gov>; Riddle, Shawna <shawna.riddle@ncdenr.gov>; Jerry Prosser <jerry.prosser@thequartzcorp.com>, S. Todd Mickleborough <todd.mickleborough@thequartzcorp.com>; Bill Blackmore <Bill.Blackmore@thequartzcorp.com> Subject: RE: Quartz conf call Monday Great. Thank you, Glenn. Bethany Georgoulias Environmental Engineer Stormwater Permitting Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office beth=.geor oug lias(d,)ncdenr.eov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: hqp://aortal.ncdenr.org/web/lr/stormwater NC. �'--Nothing Compares.-, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Glenn Young [mailto:glenn.voungC@theguartzcorp.com] Sent: Thursday, January 2% 2016 1:26 PM To: Georgoulias, Bethany<bethanv.georgoulias@ncdenr.gov> Cc: 'gyoung@thequartzcorp.com'<gvoung@theguartzcorp.com>; Pickle, Ken <ken.pickle @ncdenr.gov>; Wiggs, Linda <linda.wiggs@ncdenr.gov>; Riddle, Shawna <shawna.riddle@ncdenr.gov>; Jerry Prosser <ierrv.grosser@thequartzcorp.com>; S. Todd Mickleborough<todd.mickleborough@thequartzcorp.com>; Bill Blackmore <Bill.Blackmore@theguartzcorp.com> Subject: RE: Quartz conf call Monday Good Afternoon Bethany, The number you can contact us at The Quartz Corp @ 828-766-2115. This is the KT office conference room. Those of us at the Quartz Corp can gather there for the call at 1 pm Monday 2/1. Regards, Glenn Young From: 'Georgoulias, Bethan "<bethan . eor oulias ncdenr. ov> o: 'Wiggs, Linda" <linda.Wggsna ncdenr.gov>, "'gyoung@thequartzcorp.com'" <gvoungAtheguartzcoro.com>, "Pickle, Ken" ken. fickle ncdenr. ov>, "Riddle, Shama" <shawna.nddle ncdenr. ov>, Qate: l/28/2016 10:00 AM ubecl: E: Quartz conf call Monday Hi, Linda, Yes —we can connect everybody for the call here. We just need the numbers to reach everyone. Last time we simply used the conference on Ken's office phone, and it worked fine. Can we make it 1:00 PM? Earlier works best for me. Thanks, Bethany Bethany Georgoulias Environmental Engineer Stormwater Permitting Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethanv. georgouh as@.ncdenr. gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: hM://aortal.ncdenr.orpJweb/Ir/stormwater Joleo S%, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Q'W REGION 4 e ATLANTA FEDERAL CENTER Y�pryrgc nxotEOt`o= ATLA61 FORSYTH STREET NTA, GEORGIA 30303-8960 jAH 13 2018 CERTIFIED MAIL 7015 1730 0002 0524 5390 RECEIVED RETURN RECEIPT REQUESTED Mr. John Walker The Quartz Corporation 100 Mansell Court East, Suite 300 Roswell, Georgia 30076-4860 LAND QUALITY SECTION Subject: Compliance Evaluation Inspections Reports for the KT Feldspar Plant National Pollutant Discharge Elimination System Permit Nos: NC0000400 and NCG020274 Dear Mr. Walker: On March 31, 2015 and April 1, 2015, the U.S. Environmental Protection Agency Region 4 performed Compliance Evaluation Inspections at the Quartz Corporation's facility referenced above. During June of 2015, the EPA also conducted Compliance Sampling Inspections at this facility. The purpose of these inspections was to evaluate the facility's compliance with the treatment and disposal of industrial wastewater and stormwater set out in Sections 301 and 402 of the Clean Water Act (CWA), 33 U.S.C. §§ 1311 and 1342; the regulations promulgated thereunder at 40 Code of Federal Regulations Part 122; and the North Carolina Department of Environmental Quality's National Pollutant Discharge Elimination System (NPDES) permit numbers NC0000400 and NCG020274. The results of the EPA's Compliance Evaluation Inspections are summarized in the enclosed reports. The Compliance Sampling Inspection reports and results were transmitted via email to your staff on December 15, 2015. On April 23, 2015, the EPA sent a CWA § 308 information request to The Quartz Corporation for the two NPDES permits referenced above. A response to the CWA § 308 information request was received by the EPA via email on May 26, 2015. The EPA is continuing to investigate The Quartz Corporation's compliance with the CWA and its implementing regulations by evaluating your 308 response together with the information collected during the compliance evaluation and sampling inspections. Please contact Mr. Kip Tyler, of my staff, at (404) 562-9294 should you have specific questions or need additional information. Legal inquiries should be directed to Ms. Carol Baschon, Associate Regional Counsel, at (404) 562-9528. Sincerely, 1 aniel J. O'Lon C, hief Stormwater and Residuals Enforcement Section NPDES Permitting and Enforcement Branch Enclosure cc: See Attached Mailing List Internet Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer) Mailing List: Mr. Toby Vinson Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality Mr. Stan Aiken Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality Mr. Landon Davidson Division of Water Resources North Carolina Department of Environmental Quality SigT� NPDES Compliance Evaluation Inspection Report J�(ED s U.S. Environmental Protection Agency, Region 4 Water Protection Division 4F''+i a•o�`r� 61 Forsyth Street SW, Atlanta GA 30303 FACILITY INFORMATION NPDES ID(s): Permit Effective Date: Permit Expiration Date: NC0000400 06/O1/2012 02/28/2016 NCG020274 02/02/2015 06/01/2015 Facility Name and Address: Facility Location (lat/long): SIC Code: The Quartz Corporation 1400 787 Altapass Road, Spruce Pine NC 28777 Weather Conditions: Receiving Water (s): Other Permits: Partly cloudy and not raining North Toe River & tributaries of NTR None On -Site Representative(s), Title, Phone Number: Responsible Official, Title, Phone Number, Address: Glenn Young, Plant Manager, 828.765.9621 Glenn Young, Plant Manager, 828.765.9621 Todd Mickleborough, Lands and Mine Manager, Todd Mickleborough, Lands and Mine Manager, 828.467.6673 828.467.6673 8342 Highway 226 Bypass, Spruce Pine NC 28777 INSPECTIONDATES/ TIMES Entry Date: 03/31/15 1 Exit Date: 04/01/15 NAMES OF •• US EPA Region 4: Laurie Ireland, Tara Houda, and Kip Tyler NCDEQ: Linda Wiggs, Shawna Riddle, and Tim Heim AREAS EVALUATED DURING • ./ Permit ✓ Self -Compliance Program Pretreatment Records Compliance Schedule ✓ Pollution Prevention d Facility Site Review Laboratory ✓ Storm Water Effluent/ Receiving Waters ✓ Operations & Maintenance Combined Sewer Overflow ✓ Wastewater Sludge Handling/ Disposal Sanitary Sewer Overflow INSPECTIONNOTES Review the following reportand attached photo log. EPA SIGNATURES Inspector Signature/Name Office/Phone Number Date U.S. EPA Region 4 Water Protection Division NPDES Permitting & Enforcement Branch IM- Municipal & Industrial Enforcement Section 404.562.9249 � `1,t11q Laurie Ireland, Enforcement Officer Management Signature/Name Office/Phone Number Date / U.S. EPA Region 4 Water Protection Division NPDES Permitting & Enforcement Branch Municipal & Industrial Enforcement Section 404.562.9434 Daniel J. O'lone, Section Chief RECORD1. REVIEW Representative lPermit Section YES NO N/E Representative on -site? Not applicable ✓ NCG020274 Records Review Records available on -site? Part II.B.1 ✓ Monthly and semi-annual DMRs and Annual Summary DMRs on- ✓ site? Part III.B Records of qualitative monitoring available on -site? Part IILD ✓ Qualitative monitoring reports complete, adequate, and timely? Part IILD ✓ Discharge Monitoring Reports on -site (5 years) Part III.E & Part IV.E.1 ✓ Certificate of Coverage on -site? Part 11.1 -� ✓ Records of employee training per SPPP on -site? Part 111.6 ✓ On -site rain gauge or local precipitation documentation? Part 111.13 ✓ Is facility a closed loop system? Part III.E.2 ✓ NC0000400 Records Review Records available on -site? Part II.D.B ✓ Monitoring Requirements (sampling, analyses, results) Part I.A.1 & Part ILD ✓ Monthly Discharge Monitoring Reports on -site (3 years)? Part ILD.6 ✓ All parameters sampled? Part I.A.1 ✓ Whole Effluent Toxicity Testing conducted? Part 1.A.2 ✓ Flow measurement equipment records? lPart II.D.3 & D.6 ✓ Operator Responsible in Charge records on -site? Part II.C.1 ✓ Inspection Notes NCG020274 Records Review - Some records for NCG020274 were not available and were supplied by the permittee in the CWA 308 response. - The NO1 was not available. The COC was available and dated 2/13/13. - The DMRs from 2010-2014 were available. - Personnel stated that emails with precipitation amounts are received daily. Paper copies were not available; however several emails were shown to EPA inspectors and could have been printed out, if requested. The rain gauge was observed at the plant; however, it was knocked over. - For the area surrounding the plant, the permittee was only performing effluent sampling at out -fall SW002. Permittee was not performing effluent sampling at outfalls SW001 and SW003. A request to perform effluent sampling from a representative outfall structure is pending review by NCDENR. - The permittee has an on -site laboratory that conducts sampling and analysis for both NPDES permits. Certain parameters are sent to an independent laboratory for analysis. - The incorrect TSS benchmark was being used for stormwater discharges. The TSS benchmark used by the permittee is 100 mg/L. The correct TSS benchmark is 50 mg/L for ORW, HQW, trout, and PNA waters. The North Toe River is designated as a Trout water. NC0000400 Records Review - Some records for NC0000400 were not available and were supplied by the permittee in the CWA 308 response. - The DMRs from 2010-2014 for were available and reviewed. - Reviewed ORC notebook that is updated daily. '� N / E means not evaluated 2. BASIC SPPP INFORMATION (NCG020274) Stormwater Pollution Prevention Plan TOPICS Permit Section YES NO N/E SPPP on site? Part III ✓ SPPP modified or updated to current conditions? Part III.A.8 ✓ SPPP include narrative description of on Site activities, including ✓ a list of potential pollutants? Part III.A.1.b SPPP include a list of significant spills or leaks including ✓ Part III.A.1.d corrective actions from past 3 years? SPPP includes stormwater outfall certification? Part III.A.S.e ✓ SPPP include erosion and sedimentation control measures? Part III.A.2 ✓ SPPP includes implementation and maintenance of stormwater ✓ BMPs? Part III.A.3.a & Part III.A.9 SPPP includes inspections of BMPs? Part III.A.3.b ✓ SPPP includes secondary containment measures and ✓ documentation, as necessary? Part III.A.3.c SPPP includes Spill Prevention and Response Plan? Part III.A.4 ✓ SPPP includes implementation of a preventative maintenance ✓ and good housekeeping program? Part III.A.5 SPPP includes employee training? Part III.A.6 ✓ SPPP identifies responsible party? Part III.A.7 ✓ SPPP annually reviewed and updated as needed? Part III.A.8 ✓ Inspection Notes The SPPP produced by the facility at the time of inspection was not current (circa 1998) and was limited in scope. Accordingly, most the SPPP elements could not be evaluated. Pollutant Sources Note location, quantitative description, design issue, O&M deficiencies (including the nature and extent), and pollutants off -site Loading/Unloading Area NCG020274: Raw material is brought to the facility via truck and stored in designated areas. Final product leaves via truck. Recycle Pumps N/E Clarifier/thickener N/E Processing Operations N/E Dust Generating Activities NCG020274: Water is applied to roads for dust suppression as necessary. Waste Treatment/Storage/ See notes in section 4 of the inspection report. Disposal Areas Chemical and liquid storage, including within processing NCG020274: Sodium hydroxide was stored without secondary containment(DSCN0959). operations Slurry lines N/E Fueling Stations, Vehicle NCG020274: Vehicle maintenance shop at mine had many chemicals, oils, and liquids that did Maintenance, & Cleaning not have secondary containment (see photos DSCN0903, DSCN0904, and DSCN0905). Sediment & Erosion Controls NCG020274: Silt fence was damaged and not controlling runoff from site (see photo DSCN0947). Spills/Leaks Handing NCG020274: Facility personnel stated that a consultant had been hired to update the SPCC plan and made several modifications. Other Pollutant Sources NCG020274: Uncovered material storage at mine vehicle maintenance shop (see photo DSCN0907). Inspection Notes NCG020274: A discharge was noted between SW002 and SW003 that was discharging at the time of the inspection (see photo DSCN0951). The permittee does not monitor this discharge. This may be an unpermitted discharge. NCG020274: Several outfalls were observed on the roads at the mine that would discharge water during a rain event (see photos DSCN0901, 0902, 0918 - 0921). The outfalls are not monitored by the Quartz Corp. .• OBSERVATIONS Outfall, Storm Water Discharge & YES NO Description Receiving Water Number &location of discharge(s) / NCG020274: Unable to determine outfall consistency and location based on outfall(s) consistent with the ✓ the SPPP and information that was provided during the inspection. permit(s) Evidence of off -site accumulation of pollutants observed in receiving ✓ See inspection notes below. water Other discharges or potential discharges off -site (not through ✓ See inspection notes below. permitted outfalls Non-stormwater discharge ✓ See inspection notes below. observed Inspection Notes The Quartz Corporation's facility mines and processes industrial sand. The mine and processing plant are in two different locations. The discharges from the mine and processing plant are covered by two NPDES permits: NC0000400 and NCG020274. N00000400 covers the discharge of wastewater at the processing plant from outfall 001. NCG020274 covers the discharge of wastewater and stormwater from five outfalls at the mine and surrounding the processing plant. There are two outfalls associated with the mine (outfalls 005 and 006) and three outfalls surrounding the processing plant (outfalls SWO01, SWO02, and SW003). NCG020274: Two outfalls (005 and 006) are monitored at the mine as stormwater outfalls. Water from a mining area was observed flowing and routed from the mine area (photo DSCN0912) to outfall 006 (photo 0908). Outfall 006 also received drainage from adjacent basin (photo 0911) that collected water from another mined area that may contain "mine dewatering." NCG020274: Another source contributes flow downstream of outfall 005 (see photo DSCN0924). The separate source flows into the discharge from outfall 005 downstream of the outfall within approximately 30 feet (see photo DSCN0923). The separate source water was characterized by an intense orange color (see photo DSCN0924). The permittee does not monitor the separate source. The separate source comes from an area within the mine boundary. The permittee monitors outfall 005 before the confluence with this other flow source. Outfall 005 receives water that has come into contact with mine overburden, byproduct, and/or raw material. NCG020274: There was a discharge at the toe of a unpermitted fill at the time of inspection (see photos DSCN0913 - 0917). The water discharged at the fill toe comes into contact with mine overburden, byproduct, and/or raw material; and receives water from a mining area. Water was not observed flowing over the fill at the time of inspection. The discharge is not monitored by the permittee. NCG020274: There is an discharge at the plant that is not monitored (see photos DSCN0933 and 0934). The outfall would receive water from plant haul road during a rain event. A discharge from this outfall flows into small tributary that then flows downhill to an area near the train tracks and discharges to the North Toe River (see photos DSCN0953 - 0956). This may be an unpermitted discharge. NCG020274 & NC0000400: Outfall SWO01 is comingled with process wastewater discharge from N00000400 (see photo DSCN0946). Compliance with the permit conditions is determined by monitoring after commingling. NCG020274: SWO02 (see photo DSCN0949 and 0950) is being monitored as a representative outfall for SWO01 and SW003. The discharge from SWO02 may be appropriately representative for SW003. The discharge from SWO02 is not appropriately representative for SWO01 because the discharge is comingled with wastewater. Compliance Evaluation Inspection Photo Log NPDES Permits NC0000400 and NCG020274 Permitee The Quartz Corporation Ll -i Wqjp1?-. -- I (bLZOZ09:)N) 'peoi auiw a4; ieau panjasgo Ilepno— Z060N:)SG 0404d M (bLZOZ09JN) 'dogs aoueualuiew aP'49n auiw le luawuieluo:) Aiepuo:)as;no43lM pajols spinbil pue'spo'sleoiwa4:) — £06ONJs0 0404d (bLZOZ09:)N)'do4s a:)ueua;uiew al:)i4aA auiw le;uawuieluo:) Aiepuo:)as;nogl!m paaols spinbil pue 'slio 'sleoiwa4:)— b060N:)S0 0404d (17LZOZ090N) 'dogs aoueualuiew aloiyan auiw le luawuieluoo Raepuooas jno4j!m paao;s spinbil pue 'slio'sleaiway0 — S060N:)SC] 0104d Am. A �.. pp .q. VIA WON of (bLZOZ09JN)'eaJe aulA — Z160NJS(I 010gd � � a� y �� � ..,r � �� . r '��ff��ti '1 e 1,:-a � , . 4, / , .,, �, K .. t �� � Y (� r r j r, ,\ 1Yw``t r j .r I J �� �.S• ¢. a �.:. f :'_ r• ;r ' :. � P r ' ��,_�, r ;,� �� �• , `1l � \.{. ! '. ji. Y e fir' �`f�. .Clef : ! - • ' � j l i .t s� 1♦ r it ! � _' L ! !K 1 � • ail - jt / .1•( _ 5 . is YiE::' bi .�} •L � �i@`�i - _. Ln a N O N O u U Z w 0 w t E CL c c 0 0 v 0 Y m f0 Ol Ep L 10 L u 0 n e-I 01 O Z U O Y O L d f G i - o ., •.'. \ A. ""' M > i � i'. i � J . �: �``1'y ; to ml (bLZOZOJ:)N1'peoi auiw agjjeau panaasgo lie}3no—OZ60N:)S0 ologd 17 to m 0 N 61 (bLZOZ09:)N) 'peoi auiw aql jeau panaasgo Ile}1no— TZ60NJS0 0104d 1 .. L,Al \altpv. L_ 1 1 Y yn1 ' l V 1 1 L .+. k TZ (bLZOZ09:)N) 'S00 Ilepno;o weajlsumop moll Ruijngpjuo:) a»nos jagjouy — bZ60N:)S4 0404d Ilk, �, £Z (bLZOZ09DN) 'aauiwaad Aq pajoliuow;ou si;egj jueld le Ilepno—b£60N:)S0 04o4d bZ (bLZOZOEJJN Pue 00b0000JN) 'gal uo sl 001170000JN woad Ilepn0 'bLZOZ09JN woad aadem wJOIs Pue OOb0000JN wad AIMBIsenn Pal2uli.uwo:)— 9ti60NJSd 0104d SZ (bLZOZ09JN) 'aDua; llis paSewep — Lt760NJSG olo4d t C'SLi, Y B� ■ rt .. ��sa y lid ` T .. /. �'�'�1Vn. .. w� �� s� s i � .f _ ��" {' io . � Kip • �. ] � A� 4 'J+ - r �. �l \?% Sit «A (bLZOZ09JN)'b£60-££60NJSO solo4d ut Aj!Ai3Oe paaoIiuow-uou jo; pe;ono pue eaje Sum.18OW leui;— £S60NJS4 0104d 0£ (bLZOZOD:)N)'b£60-££60NOS(I so;o4d ui Aj!Ai;3e paaoipow-uou jo; pepno pue eaje Buinia:)aj leu!} — bS60NJS0 0104d iE (bLZOZOJ:)N)*VE60-EE60NDSO so;o4d ui A4inil:)e paio;iuow-uou jo; pepno pue ease BUTAla7aJ Jeu0— SS60N:)S4 0104d Z£ (bLZOZ09JN)'bE60 £E60NJ50 so4oyd ui AIIAIIDe pajoliuow-uou ao; Ilepno pue ease gUTAI909J Jeuil-9S60NJS0 0104d ££ 1bLZOZ09DN) -juawuie;uoa tiepuoaas ino4;im pajols apixapA4 wnipoS— 6S60N:)S4 0404d UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 A. 13 201u CERTIFIED MAIL 7015 1730 0002 24 OS RETURN RECEIPT RE -QUESTED Mr. John Walker The Quartz Corporation 100 Mansell Court East, Suite 300 Roswell, Georgia 30076-4860 JAN 15 2016 Water Quarry Reglatta! operdons Subject: Compliance Evaluation Inspections Reports for the KT Feldspar Plant National Pollutant Discharge Elimination System Permit Nos: NC0000400 and NCG020274 Dear Mr. Walker: On March 31, 2015 and April 1, 2015, the U.S. Environmental Protection Agency Region 4 performed Compliance Evaluation inspections at the Quartz Corporation's facility referenced above. During June of 2015, the EPA also conducted Compliance Sampling Inspections at this facility. The purpose of these inspections was to evaluate the facility's compliance with the treatment and disposal of industrial wastewater and stormwater set out in Sections 301 and 402 of the Clean Water Act (CWA), 33 U.S.C. §§ 1311 and 1342; the regulations promulgated thereunder at 40 Code of Federal Regulations Part 122; and the North Carolina Department of Environmental Quality's National Pollutant Discharge Elimination System (NPDES) permit numbers NC0000400 and NCG020274. The results of the EPA's Compliance Evaluation Inspections are summarized in the enclosed reports. The Compliance Sampling inspection reports and results were transmitted via email to your staff on December 15, 2015. On April 23, 2015, the EPA sent a CWA § 308 information request to The Quartz Corporation for the two NPDES permits referenced above. A response to the CWA § 308 information request was received by the EPA via email on May 26, 2015. The EPA is continuing to investigate The Quartz Corporation's compliance with the CWA and its implementing regulations by evaluating your 308 response together with the information collected during the compliance evaluation and sampling inspections. Please contact Mr. Kip Tyler, of my staff, at (404) 562-9294 should you have specific questions or need additional information. Legal inquiries should be directed to Ms. Carol Baschon, Associate Regional Counsel, at (404) 562-9528. Sincerely, aniel J. O'Lon , Chief Stormwater and Residuals Enforcement Section NPDES Permitting and Enforcement Branch Enclosure cc: See Attached Mailing List Intemet Address (URL) ib http://www.epa.gov Recycle&Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer) i Mal 11_o Lisp • .. +'lJM:w iN•o�YM••�•,�n17on•••. •• ••• v.•vM►r.w..r.• '1 - 1 DivL ion o .— e . neral, end Land Resources North Carolina Department of -Environmental Quality Mr. SalkiReh VAL Division of Energy, Mineral, 4nd Land Resources Noah Colina.Dppmt of Environmental Quality Mr. Landon Davidson Division of Water Resources North Carolina Department of Environmental Quality NPDES Compliance Evaluation Inspection Report U.S. Environmental Protection Agency, Region 4 LWater Protection Division as 61 Forsyth Street SW, Atlanta GA 30303 FACILITY INFORMATION NPDES ID(s): Permit Effective Date: Permit Expiration Date: NC0000400 06/01/2012 02/28/2016 NCGO20274 02/02/2015 06/01/2015 Facility Name and Address: Facility Location (lat/long): SiC Code: The Quartz Corporation . 1400 787 Altapass Road, Spruce Pine NC 28777 Weather Conditions: Receiving Water (s): Other Permits: Partly cloudy and not raining North Toe River & tributaries of NTR None On -Site Representative(s),-Title, Phone Number. Responsible Official, Title, Phone Number, Address: Glenn Young, Plant Manager, 828.765.9621 Glenn Young, Plant Manager, 828.765.9621 Todd Mickleborough, Lands and Mine Manager, Todd Mickieborough, Lands and Mine Manager, 828.467.6673 828.467.6673 8342 Highway 226 Bypass, Spruce Pine NC 28777 INSPECTIONDATES Entry Date: 03/31/15 Exit Date:04/01/15 NAMES OF US EPA Region 4: Laurie Ireland, Tara Houda; and Kip Tyler NCDEQ: Linda Wiggs, Shawna Riddle, and Tim Heim AREAS LVALOATED DURING • ✓ Permit ✓ Self -Compliance Program Pretreatment ✓ Records Compliance Schedule ✓ . Pollution Prevention ✓ Facility Site Review Laboratory ✓ Storm Water ✓ Effluent/ Receiving Waters ✓ Operations & Maintenance Combined Sewer Overflow ✓ Wastewater Sludge Handling/ Disposal Sanitary Sewer Overflow INSPECTION NOTES Review the following report and attached photo log. EIIA SIGNATURES Inspector Signature/Name Office/Phone Number Date U.S. EPA Region 4 Water Protection Division NPDES Permitting & Enforcement Branch ` Municipal & Industrial Enforcement Section 404.S62.9249 Laurie Ireland, Enforcement Officer Management Signature/Name Office/Phone Number Date U.S. EPA Region 4 Water Protection Division NPDES Permitting & Enforcement Branch Municipal & Industrial Enforcement Section Daniel J. O'lone, Section Chief 404.562.9434 1. RECORD REVIEW eWM Representative on -site? Not applicable ✓ 16 0 Z' R i e Records available on -site? Part ILEA ✓ Monthly and semi-annual DMRs and Annual Summary DMRs on- ✓ site? Part IILB Records of qualitative monitoring available on -site? Part IILD ✓ Qualitative monitoring reports complete, adequate, and timely? Part IILD ✓ Discharge Monitoring Reports on -site (5 years) Part III.E & Part IV.E.1 ✓ Certificate of Coverage on -site? Part 11.1 ✓ Records of employee training per SPPP on -site? Part 111.6 ✓ On -site rain gauge or local precipitation documentation? Part 111.8 ✓ Is facility a closed loop system? Part III.E.2 ✓ u' .s e . 3.. e a ffi a r- Records available on -site? Part II.D.8 ✓ Monitoring Requirements (sampling, analyses, results) Part I.A.1 & Part ILD ✓ Monthly Discharge Monitoring Reports on -site (3 years)? Part II.D.6 ✓ All parameters sampled? Part I.A.1 ✓ Whole Effluent Toxicity Testing conducted? Part1.A.2 ✓ Flow measurement equipment records? Part II.D.3 & D.6 ✓ Operator Responsible in Charge records on -site? Part II.C.1 ✓ t _ _ ^.-' .vx •.,,:� s: am. .v ,r,'.:�.. ru'k.. adtx NC6020274 Records Review - Some records for NCG020274 were not available and were supplied by the permittee in the CWA 308 response. - The N01 was not available. The CDC was available and dated 2/13/13. - The DMRs from 2010-2014 were available. - Personnel stated that emails with precipitation amounts are received daily. Paper copies were not available; however several emails were shown to EPA Inspectors and could have been printed out, if requested. The rain gauge was observed at the plant; however, it was knocked over. - For the area surrounding the plant, the permittee was only performing effluent sampling at outfall SW002. Permittee was not performing effluent sampling at outfalis SWO01 and SW003. A request to perform effluent sampling from a representative outfall structure is pending review by NCDENR. - The permittee has an on -site laboratory that conducts sampling and analysis for both NPDES permits. Certain parameters are sent to an independent laboratory for analysis. - The incorrect TSS benchmark was being used for stormwater discharges. The TSS benchmark used by the permittee Is 100 mg/L. The correct TSS benchmark is 50 mg/L for ORW, HQW, trout, and PNA waters. The North Toe River is designated as a Trout water. NC0000400 Records Review - Some records for NC0000400 were not available and were supplied by the permittee in the CWA 308 response. - The DMRs from 2010-2014 for were available and reviewed. - Reviewed ORC notebook that is updated daily. '" N / E means not evaluated 2. BASIC SPPP INFORMATION (1 1 P E SPPP on site? Part III ✓ SPPP modified or updated to current conditions? Part III.A.8 ✓ SPPP include narrative description of on Site activities, including ✓ a list of potential pollutants? Part III.A.1.b SPPP include a list of significant spills or leaks including ✓ corrective actions from past 3 years? Part III.A.1.d SPPP includes stormwater outfall certification? Part III.A.1.e ✓ SPPP include erosion and sedimentation control measures? Part III.A.2 ✓ SPPP Includes implementation and maintenance of stormwater ✓ BMPs? Part III.A.3.a & Part III.A.9 SPPP includes inspections of BMPs? Part III.A.3.b ✓ SPPP includes secondary containment measures and ✓ documentation, as necessary? Part III.A.3.c SPPP includes Spill Prevention and Response Plan? Part III.A.4 ✓ SPPP includes implementation of a preventative maintenance ✓ and good housekeeping program? Part III.A.5 SPPP includes employee training? Part III.A.6 ✓ SPPP identifies responsible party? Part III.A.7 ✓ SPPP annually reviewed and updated as needed? Part III.A.8 ✓ lmwll�'}. yy p1"iY1 �1 W09*4610'1 } dl I The SPPP produced by the facility at the time of inspection was not current (circa 1998) and was limited in scope. Accordingly, most the SPPP elements could not be evaluated. q e c fiR NCG020274: Raw material Is brought to the facility via truck and stored in designated areas. Final Loading/Unloading Area induct leaves via truck. Recycle Pumps N/E Clarifier/thickener N/E Processing Operations N/E Dust Generating Activities NCG020274: Water is applied to roads for dust suppression as necessary. Waste Treatment/Storage/ See notes in section 4 of the inspection report. Disposal Areas Chemical and liquid storage, including within processing NCG020274: Sodium hydroxide was stored without secondary containment (DSCN09S9). operations Slurry lines N/E Fueling Stations, Vehicle NCG020274: Vehicle maintenance shop at mine had many chemicals, oils, and liquids that did Maintenance, & Cleaning not have secondary containment (see photos DSCN0903, DSCN0904, and DSCN0905). Sediment & Erosion Controls NCG020274: Silt fence was damaged and not controlling runoff from site (see photo DSCN0947). NCG020274: Facility personnel stated that a consultant had been hired to update the SPCC plan Spills/Leaks Handing and made several modifications. NCG020274; Uncovered material storage at mine vehicle maintenance shop (see photo Other Pollutant Sources DSCN0907). A ap�r NCG020274: A discharge was noted between SW002 and SW003 that. was discharging at the time of the inspection (see photo DSCN0951). The permittee does not monitor this discharge. This may be an unpermltted discharge. NCG020274: Several outfalls were observed on the roads at the mine that would discharge water during a rain event (see photos DSCN0901, 0902, 0918 - 09Z3). The outfalls are not monitored by the Quartz Corp. .• OBSERVATIONS gee- Des" i o Number & location of discharge(s)outfal/ ✓ NCG020274: Unable to determine outfall consistency and location based on consistent with the the SPPP and information that was provided during the Inspection. pel(s) permit(s) s rmi Evidence of off -site accumulation of pollutants observed In receiving ✓ See inspection notes below. water Other discharges or potential discharges off -site (not through ✓ See inspection notes below. . permitted outfalls Non-stormwater discharge ✓ See Inspection notes below. observedIMAMMI MP ,qqS NOW g The Quartz Corporation's facility mines and processes Industrial sand. The mine and processing plant are in two different locations. The discharges from the mine and processing plant are covered by two NPDES permits: NC0000400 and NCG020274. NC0000400 covers the discharge of wastewater at the processing plant from outfall 001. NCG020274 covers the discharge of wastewater and stormwater from five outfalls at the mine and surrounding the processing plant. There are two outfalls associated with the mine (outfalls DOS and 006) and three outfalls surrounding the processing plant (outfalls SW001, SW002, and SWO03). NCG020274: Two outfalls (005 and 006) are monitored at the mine as stormwater outfalls. Water from a mining area was observed flowing and routed from the mine area (photo DSCN0912) to outfall 006 (photo 0908). Outfall 006 also received drainage from adjacent basin (photo 0911) that collected water from another mined area that may contain "mine dewatering." NCG020274: Another source contributes flow downstream of outfall 005 (see photo DSCN0924). The separate source flows into the discharge from outfall 005 downstream of the outfall within approximately 30 feet (see photo DSCN0923). The separate source water was characterized by an intense orange color (see photo DSCN0924). The permittee does not monitor the separate source. The separate source comes from an area within the mine boundary. The permittee monitors outfall 005 before the confluence with this other flow source. Outfall 005 receives water that has come Into contact with mine overburden, byproduct, and/or raw material. NCG020274: There was a discharge at the toe of a unpermitted fill at the time of inspection (see photos DSCN0913 - 0917). The water discharged at the fill toe comes Into contact with mine overburden, byproduct, and/or raw material; and receives water from a mining area. Water was not observed flowing over the fill at the time of inspection. The discharge Is not monitored by the permittee. NCG020274: There is an discharge at the plant that is not monitored (see photos DSCN0933 and 0934). The outfall would receive water from plant haul road during a rain event. A discharge from this outfall flows Into small tributary that then flows downhill to an area near the train tracks and discharges to the North Toe River (see photos DSCN0953 - 0956). This may be an unpermitted discharge. NCGO20274 & NC0000400: Outfall SW001 is comingled with process wastewater discharge from N00000400 (see photo DSCN0946). Compliance with the permit conditions is determined by monitoring after commingling. NCG020274: SWO02 (see photo DSCN0949 and 0950) is being monitored as a representative outfall for SWO01 and SW003. The discharge from SWOD2 may be appropriately representative for SW003. The discharge from SWO02 is not appropriately representative for SW001 because the discharge is comingled with wastewater. CompliariceEvaluation Inspection PhotD Log NODES Permits NC0000400 and NCG020274 Perm itee The Quartz Corporation \\t � �inL >. +y.y�t a �-r�r it♦ ..a. it �� J {1S 1x ,; 'f •_ 1.,� -L az � v I a VEiy l' I,iy a G l�t�tZlf+� .7� J + ..'t� x:+,5✓�Vt i� ylpAfW�i';T =+, ., `R L �•,1 `,v,l `Ip��t + r y A fr a+ J v AMIWI-11�' m (bLZOZ09:)N) 'do4s aoueua;ulew ap14an auiw }e luawuieluo:) Aiepuooas jn04llm pajois spinbll pue 'sllo'sleolw94:)— b060N:)Sa 0304d �.:, Y J� ` ,� l ,.t�iz�A `� ,� . � ♦ why .1 �l �4 �:.: Hi ! �{� F I�f " i �. ���x��,, i�+� iu . �,' i i ' #, � � . ,; . - f q 1 t •, 5i J °:; �i y.>i t•'��j�A'`�� ' YA�3 �-Nil( .�/y.'. Y �3 r I '4 ^:tj}-�} i 4 at . IA rA. VA' wz A x.,• ��� + J4�c � i��j �' .: yi li \ .t e�� tt t s \\ J s� �iS Ir- i e � i4})Hy},Y� �Yti iy. ('s� 1l �'t+j s t �VS. ✓, is � r \ t s �i i / tip' r Y lr.JF '�`` .f yrL /r��y1jjy�lr E7' ` r:tis s\ s�#�.�: .•'h1K 4�Yy4�i�.�yY� ,�y 1q���i i,4�7s4 { .nf l *:fR�it�,{L;i •Jt '�5''s s7f�},:3f s� �a�3pJ'.. , .[nt i; ai i.\t:� A/.it: :i i' D, At i! li r { ,1 !J ✓.p 1 �I'/l `�Qy�,/I6i fly,lp Aq� I1 { I 1, 'h.9''"r5ieuh'',..•alAI2 �Yl�et�i�i �.tAf":N'.'K�1'�7,�. �`ydv,=)>, L�ii r. ii'. �,...., ,. Ile.: �. t z XL k,4i".9�_� iF�+i lflsiyk ,t�l `'> .. •. /� l:': r� _'1 f " 'i;4 � �t r T�% r � I 11, � jr l� �.� � �'�r r �11 � } I f I�.V � ' r1 4 ;. ' it �!� „sir r4a4 -'t 1 � i. f , !u t �}yirf Ji''"'�rl J��ei �a �` r fl i r. a 7 � Vj( 1� 1J +:. , �'+�'�'• to .>r„ I - 4 po r — �y�iY•,, 5. lit it 6 ts, J.tiiLn �I R u•,� �`°`"'L �ll` �u',1 , 1 1. • H ,� ... _� J 11 ( V r L \tSf !� �: 11,,(�•��'�1(� u,!r•, y r ��'lll`���11111 1 �ijlLf t E _I '` �. i-It' N�� I� � l 1i b l} , `te ; l�\ Nl;, btp yrr'S:S r j �.� ,3hT,tC ray^ y Ll4 FL L`W Os 1. r1�� �• rV a �LW�;it h.. i . i g G+ eh all= y s Z :i } } i �-t* t qA t r♦i �) t ),t� V��r' 1 A J nia y�.Y 4Y.E tt�� t �l 't 4�E! t • C .. :4t� .t Y�Jt.>t 1'. •� t� .!;ct£•} �i4C �' i.itil t F • en l�tp?., .h.' b+ ru,�n,l, a2'�o ) - ` t>l•.3`? t 1 }�u t i, •d J`� � c '.lii t 1 4:t s t! r �a : 'gip '�4^�`RSY'`f;+ Y�.;.::• � ". t ,aai tl IN 9� YJ A w-, N "'• 1 t 44 �'f �l.�' cif �� y \� 1 t � � �� a ir` k . . i.::: .. .. "i.l ,'"Wt' ��� (� b .. . � 'I ..e } ay7M ti ., q .':�. �ry. d� i t' {v'���j'Iili l�s"-.✓.i; 7kUiM9y Y� �'�y'� s�V"`iJ��Yfr ilt�"£���' :�4 yya� �� yry '.'� '" Y+�s�i•v� nL i'� i �q j ' ^ � i >r+'a7'�S%� i ri,�?P�,} d,_ /gi7ty �„ t af.. - v t` 3:i ;. -V 31. t, . 7*V AV wool" 13, SA tit ��` � �w.�., vnxr Kfar�`1•` .a��syS r ..•�}t r f '�,{yi '. �r �s.,V � �! 1 ��'��`� +✓1�i r�ti ). �.y,,{�1 � , Y � It 191 . >i `' �%.: '�o\ti ✓ ¢� rr, .. '. t r y . rf� s ,. � fib .. I f ti- \ t��s, Y•t�.�K ✓ fG. � } � t \r 41, C 1 t � �'� 1 � i 7RY , r fir,.✓.., . . f� 4, ✓ ' �. �` .. r is .,,% ��!r{p,✓s2Y..r ,.�. �` �' tY `• r - r r .. � 1, � �r / � � • .\, �Z lt IV; J;P 11 i .jI -ZM KK IN, lP 0.� C�. w a t, FF�, Y4Nh � kYr �a+dk`•'w. x � � ." �r � , � +ems, � < '' xk J i ? V.." .: - ".- 5w � � \ §� \: \ ����.��� — - — � � � �� ��+� ® \ » mwa\\��� 9 6� ,w� > ® »©. .:«. Vg �. .4i\�i• ' aKA,� . North Carolina Department of Environmental Quality Pat McCrory Governor Gregory Taveras The Quartz Corp USA P.O. Box 309 Spruce Pine, NC 28777 Dear Mr. Taveras: Donald R. van der Vaart Secretary November 16, 2015 Subject: General Permit No. NCG020000 The Quartz Corp USA- Pine Mountain M&P COC NCGO20274 Mitchell County In accordance with your request for a discharge permit received on June 30, 2014, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Energy, Mineral, and Land Resources. The Division may require modification or revocation and reissuance of the certificate of coverage (COC). Coverage under this General Permit for this particular facility is granted with the condition that the permittee performs additional sampling requirements as outlined in the amended conditions to the COC. These special provisions were prompted by results of sampling at this facility during the week of June 8, 2015, as requested by EPA Region 4 staff who performed a Compliance Sampling Inspection (CSI) at the end Of March 2015. Sample concentrations raised concerns about metals levels in the discharges. The DEQ concluded that more data was needed to evaluate these discharges and potential water quality impacts. The additional provisions for this COC include: 1) In addition to the parameters in NCG020000, sample each stormwater discharge outfall (SDO) quarterly for five metals, fluoride, chloride, and total hardness listed in Table 1 as amended on page 2 of the COC. Benchmark values apply for many of these added parameters, and the permittee must follow tiered responses as outlined in the permit. 2) In addition to the parameters in NCG020000, sample each wastewater discharge quarterly for five metals, fluoride, chloride, and total hardness listed in Table 7 as amended on page 3 of the COC. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal.ncdenr.o[g/web/ir/ Mailing Address:1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801 An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110%a Post Consumer Paper NCG020274 Renewal COC November 16, 2015 Page 2 These additional parameters include metals and other constituents which may be present or will help us interpret the measurements (such as estimating the amounts of metals that are in dissolved form). The Division will consider the data upon submittal to determine the most appropriate permitting actions. It is possible that this facility will be directed to apply to the Division of Water Resources (DWR) for an individual NPDES discharge permit (or modification of its existing wastewater individual permit) prior to the expiration of this General Permit in 2020. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mineral, and Land Resources, or permits required by the Division of Water Resources (DWR), Coastal Area Management Act, or any other federal or local governmental permit that may be required. If the conditions as stipulated in the CDC are unacceptable to you, you may apply sooner for an individual NPDES discharge permit. If you have any questions concerning this permit, please contact Bradley Bennett at telephone number (919) 807-6378, or Bethany Georgoulias at telephone number (919) 801-6372. Sincerely, for Tracy E. Davis, P.E., CPM cc: Toby Vinson, DEMLR Land Quality Section Tom Belnick, DWR Water Quality Permitting Section NPDES Wastewater Permitting Files, NC0000400 Stan Aiken, DEMLR Asheville Regional Office RE Linda Wiggs, DWR Asheville Regional Office Kip Tyler, EPA Region IV NPDES Permitting and Enforcement Branch Stormwater Permitting Program Files DWR Central Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES STORMWATER AND WASTEWATER DISCHARGES In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, and the North Carolina Administrative Code in NCAC 15A 02H .0114(b)(1), as amended, The Quartz Corp USA is hereby authorized to discharge stormwater and wastewater from a facility located at Pine Mountain M&P Hwy 226 N Spruce Pine Mitchell County to receiving waters designated as North Toe River, a class C;Tr water in the French Broad River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV of General Permit No. NCG020000 as attached, and as amended in pages 2-3 of this Certificate of Coverage. Amended conditions 1. This Certificate of Coverage (pp.1-4) is an enforceable part of the permit. 2. In accordance with 15A NCAC 02H .0114(b)(1), the monitoring program in Part IV Section A, Table 1 Analytical Monitoring Requirements for Stormwater from Mining Activities, and Section D, Table 7 Monitoring Requirements for Wastewater Discharges of this permit are amended as follows: Table 1 Analytical Monitoring Requirements for Stormwater Discharges from Mining Activities Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 Benchmark Settleable Solids ml 1 Quarterly Grab SDO 0.1 ml I Total Suspended Solids mQuarterly Grab SDO 50 m I Turbidity4 NTU Quarterly Grab SDO, U & D4 10 NTU Aluminum, Total Recoverable5 m I Quarterly Grab SDO 0.75 m I Copper, Total Recoverable5 mg/1 Quarterly Grab SDO 0.010 mg/1 Lead, Total Recoverable5 mg/1 Quarterly Grab SDO 0.075 mg/1 Nickel, Total Recoverable5 mg/1 Quarterly Grab SDO 0.335 mg/1 Zinc, Total Recoverable5 mg/1 Quarterly Grab SDO 0.126 mg/1 Total Chlorides mg/1 Quarterly Grab SDO 860 m Total Fluoride5 mg/1 Quarterly Grab SDO 6 m Total Harness as CaCO3 5 mg/1 Quarterly Grab SDO N A Total Rainfa116 inches QuarterlyN/A 1. Measurement Frequency: Quarterly (unless other provisions of this permit require monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous General Permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2. Grab samples shall be collected within the first 30 minutes of discharge. Where physical separation between outfalls prevents collecting all samples within the first 30 minutes, the permittee shall begin sampling within the first 30 minutes, and shall continue until completed. 3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site with the SPPP. 4. Turbidity must be monitored at the stormwater discharge outfall (SDO). In addition to the SDO, the permittee may elect to also monitor turbidity in the receiving water, directly upstream (U) and downstream (D) of the stormwater discharge outfall or group of outfalls to demonstrate the discharge has not caused a water quality standard violation of turbidity. If SDO turbidity level exceeds the benchmark, and the permittee cannot demonstrate the discharge has not caused a violation of the instream water quality standard, the Division may require the permittee to monitor turbidity up - and downstream as part of a Tier 2 or 3 response. S. Benchmark values apply for these parameters and prompt Tier responses as outlined in the General Permit Benchmark values for metals are based on one half the Final Acute Value (1h FAV), a threshold used to protect against acute impacts to aquatic life. 6. For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. 2 I COC No. NCG020274 effective November 16, 2015 Table 7 Monitorine Requirements for Wastewater Discharges in Section D - 1., 2., 3., & 4. Discharge Characteristics Units Measurement Fre uenc 1 Sample Type Sample Location3 Receiving Waters HZ Standard Quarterlyl Grab E All Total Suspended Solids2.4 mg I Quarterlyl Grab E All Turbidity2,3 NTU Quarterlyl Grab E, U & D3 All Settleable Solids2, 5 ml/I Quarterlyl Grab E HQW, CRW, SA, SB, PNA, Tr Aluminum, Total Recoverable6 mg/1 Quarterlyl Grab E All Copper, Total Recoverable6 mg/1 Quarterlyl Grab E All Lead, Total Recoverable6 m I Quarterlyl Grab E All Nickel, Total Recoverable6 mg/1 Quarterlyl Grab E All Zinc, Total Recoverable6 mg/1 Quarterlyl Grab E All Total Chloride6 mg/1 Ouarterlyl I Grab E All Total Fluoride6 mg/1 Quarterlyl Grab E All Total Harness as CaCO3 6 mg/1 Quarterlyl Grab E All Daily Flow Rate7 cfs Quarterlyl E All Footnotes: 1. The monitoring frequency is quarterly. 2. Except for mine dewatering of clay pits, a grab sample is not required for these parameters from a basin/pond designed to contain or treat mine dewatering wastewater that only discharges in response to rainfall in excess of the 10-yr, 24-hr storm. 3. Sample Location: E - Effluent, U - Upstream, D - Downstream. Turbidity must be monitored at the effluent (E). If effluent levels exceed the Water Quality Standard of the receiving water, the permittee must begin sampling turbidity directly upstream (U) and downstream (D) of the effluent outfall or group of outfalls, in addition to the effluent, upon the next monitoring period. The permittee may contact the DEMLR Regional Office for assistance in determining the best instream sample points. The RO may also advise the permittee to relocate self -established instream sample points if appropriate. 4. All facilities that are mining Industrial Sand are required to monitor TSS and are subject to the TSS limits in Table 8. All other types of mines covered by this permit are also required to monitor TSS, but are not necessarily subject to the TSS limits in Table 8, unless discharge is to HQW, ORW, or PNA waters. 5. Only facilities discharging to waters classified as HQW, ORW, SA, SB, Tr, or PNA are required to monitor for settleable solids. 6. No effluent limitation applies to these parameters. 7. Daily flow rate shall be recorded by a continuous flow measurement instrument Alternatively, pump curves and pump logs may be used as a means to calculate the daily flow rate. 3 I COC No. NCG020274 effective November 16, 2015 This Certificate of Coverage shall become effective November 16, 2015. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day, November 16, 2015. for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission COC No. NCG020274 effective November 16, 2015 Georgoulias, Bethany From: Georgoulias, Bethany Sent: Monday, November 16, 2015 2:15 PM To: 'Tyler, Kip' Cc: Bennett, Bradley, Davis, Molly, Belnick, Tom Subject: Special COCs for Unimin and Quartz Corp. Issued Attachments: NCG020274_Quartz-Corp_COC.pdf,* NCG020274_Quartz-Corp_Coverletter.pdf,, NCG020793_Unimin COC.pdf, NCG020793_Unimin_Coverletter.pdf, NCG020818 _Quartz-Corp_COC.pdf; NCG020818_Quartz-Corp_Coverletter.pdf Good afternoon, Kip, The special COCs for these three mine sites were signed today. Copies of those COCs and cover letters are attached. I have already emailed the permit contacts copies of these, and hard copy packages will go out to them this week with revised monitoring forms to include the additional metals, etc. We will be working with our counterparts in the Division of Water Resources' NPDES Wastewater Permitting program on future permitting actions for these sites over the next 1-2 years. Please let us know if you have any questions. Best regards, Bethany Bethany Georgoulias Environmental Engineer Stormwater Permitting Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethany.Qeoreoulias@ncdenn eov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: htto://nortal.ncdenr.orpJweb/lr/stormwater 0- --�` Nothing Compares� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Georgoulias, Bethany From: Georgoulias, Bethany Sent: Monday, November 16, 2015 1:49 PM To: 'stodd.mickleborough@thequartzcorp.com' Cc: Bennett, Bradley Subject: RE: NPDES Permit Renewal NCG020274 for Mining Operation at Pine Mountain M&P Attachments: NCG02 Permit Print Package 9 Oct 2015.pdf; NCG020274_Quartz-Corp_COC.pdf; NCG020274_Qua rtz-Co rp_Cove rl etter. pdf Mr. Mickelborough: Attached is the Certificate of Coverage (COC) for this facility that was issued today. This COC contains additional monitoring provisions as a condition of continued coverage underthe General Permit for the Pine Mountain M&P. Please review the cover letter for more information. The attached permit package includes the General Permit itself, the Technical Bulletin, and monitoring forms. The paper package will be mailed out to Mr. Taveras this week. We need to revise the DMR forms in the standard package for that mail -out because they don't include the extra parameters. I will email you those forms directly when they are ready. If you have any questions, please let us know. Regards, The Stormwater Permitting Program Bethany Georgoulias Environmental Engineer Stormwater Permitting Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethany.aeoreouliasCa.ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: ham://yortal.ncdenr.orft/web/Ir/stormwater Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Georgoulias, Bethany Sent: Wednesday, October 28, 2015 1:30 PM To: 'stodd.mickleborough@thequartzcorp.com' <stodd.mickleborough@thequartzcorp.com> Cc: Bennett, Bradley <brad ley. bennett@ncdenr.gov>; Wiggs, Linda <linda.wiggs@ncdenr.gov>; Aiken, Stan E <stan.aiken@ncdenr.gov>; Vinson, Toby <toby.vinson@ncdenr.gov> Subject: NPDES Permit Renewal NCG020274 for Mining Operation at Pine Mountain M&P Importance: High Mr. Mickelborough, As you may know, the U.S. EPA Region 4 personnel from Atlanta, GA conducted a Compliance Evaluation Inspection at this site the week of March 30, 2015. Subsequent sampling was conducted in June as a follow-up to that inspection. NC DEQ has discussed with EPA the concerns raised by those sample results, and we have determined that permit renewal for this facility should be handled differently than in past years. The Quartz Corp requested renewal coverage under the NPDES General Permit NCG020000 for this facility in Spruce Pine, NC, and indicated electronic COC renewal as the preferred option. However, NC DEQ will issue this facility a special Certificate of Coverage under NCG02 that will require additional discharge parameters be measured. We will be sending you a paper renewal package with a cover letter explaining the basis for revised monitoring requirements in lieu of an email with instructions for on-line COC renewal. The conditional COC will allow continued coverage under the General Permit for the time being. Please be on the lookout for this important correspondence in the coming weeks. Regards, The Stormwater Permitting Program Bethany GeorgouGas Environmental Engineer Stormwater Permitting Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethany.georeouliasna ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://portal.ncdenr.oroJweb/Ir/stormwater -->'"NotMng Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Georgoulias, Bethany From: Georgoulias, Bethany Sent: Monday, November 16, 2015 1:49 PM To: stodd.mickleborough@thequartzcorp.com' Cc: Bennett, Bradley Subject: RE: NPDES Permit Renewal NCG020274 for Mining Operation at Pine Mountain M&P Attachments: NCG02 Permit Print Package 9 Oct 2015.pdf; NCG020274_Quartz-Corp_COC.pdf,- N CG020274_Quartz-Corp_Coverletter. pdf Mr. Mickelborough: Attached is the Certificate of Coverage (COC) for this facility that was issued today. This COC contains additional monitoring provisions as a condition of continued coverage under the General Permit for the Pine Mountain M&P. Please review the cover letter for more information. The attached permit package includes the General Permit itself, the Technical Bulletin, and monitoring forms. The paper package will be mailed out to Mr. Taveras this week. We need to revise the DMR forms in the standard package for that mail -out because they don't include the extra parameters. I will email you those forms directly when they are ready. If you have any questions, please let us know. Regards, The Stormwater Permitting Program Bethany Georgoulias Environmental Engineer Stormwater Permitting Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethanygeorgoulias(a ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://portal.nedenr.org/web/Ir/stormwater W. !''Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Georgoulias, Bethany Sent: Wednesday, October 28, 2015 1:30 PM To:'stodd.mickleborough@thequartzcorp.com' <stodd.mickleborough@thequartzcorp.com> Cc: Bennett, Bradley <bradley.bennett@ncdenr.gov>; Wiggs, Linda <linda.wiggs@ncdenr.gov>; Aiken, Stan E <stan.aiken@ncdenr.gov>; Vinson, Toby <toby.vinson@ncdenr.gov> Subject: NPDES Permit Renewal NCG020274 for Mining Operation at Pine Mountain M&P Importance: High Mr. Mickelborough, As you may know, the U.S. EPA Region 4 personnel from Atlanta, GA conducted a Compliance Evaluation Inspection at this site the week of March 30, 2015. Subsequent sampling was conducted in June as a follow-up to that inspection. NC DEQ has discussed with EPA the concerns raised by those sample results, and we have determined that permit renewal for this facility should be handled differently than in past years. The Quartz Corp requested renewal coverage under the NPDES General Permit NCG020000 for this facility in Spruce Pine, NC, and indicated electronic COC renewal as the preferred option. However, NC DEQ will issue this facility a special Certificate of Coverage under NCG02 that will require additional discharge parameters be measured. We will be sending you a paper renewal package with a cover letter explaining the basis for revised monitoring requirements in lieu of an email with instructions for on-line COC renewal. The conditional COC will allow continued coverage under the General Permit for the time being. Please be on the lookout for this important correspondence in the coming weeks. Regards, The Stormwater Permitting Program Bethany Georgoulias Environmental Engineer Stormwater Permitting Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethany.geor og uliasna,ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://portal.ncdenr.org/web/lr/stormwater !'!'Nothing Compares_.` Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Georgoulias, Bethany From: Georgoulias, Bethany Sent: Monday, November 16, 2015 1:37 PM To: Aiken, Stan E Cc: Vinson, Toby; Belnick, Tom; Bennett, Bradley; Pickle, Ken; Davidson, Landon; Wiggs, Linda Subject: Special Certificates of Coverage for Unimin and Quartz Corp Mines - Mitchell County Attachments: NCG020274_Quartz-Corp_COC.pdf; NCG020274_Quartz-Corp_Coverletter.pdf,, NCG020793_Unimin_COC.pdf, NCG020793_Unimin_Coverietter.pdf, NCG020818 _Quartz-Corp_COC.pdf; NCG020818_Quartz-Corp_Coverletter.pdf Stan, After a protracted discussion with EPA prior to the renewal of the NCG020000 General Permit for Mining Activities, we have issued special Certificates of Coverage that are "augmented" with additional monitoring for stormwater and wastewater discharged by these three mine/processing operations. Please see the attached cover letters and COCs. We will coordinate with DWR on future permitting steps in the next 1-2 years. It is likely these sites will transition into individual NPDES wastewater permits under DWR after more data are collected and sooner than the GP expiration in five years. For now, they continue to be covered under the NCG02 permit with more monitoring and a base quarterly frequency. The additional parameters include ones that Tom Belnick recommended based on other similar mines permitted through their program and metals that raised concern for EPA during their sampling visits in June. Linda Wiggs with DWR has also been instrumental in helping us through this process. She was present for some of the sampling during EPA's visit, and she has a valuable perspective from both a wastewater sampling background and previous Stormwater Permitting Program experience. Although we have concerns about EPA's sampling approach and some results, the added monitoring under the General Permit will allow DEQ to obtain more data and evaluate a different permitting strategy for these facilities. Everyone - these attachments serve as the CC's indicated in the letter to the other DEQ Central Office and ARO staff. Please include them in the permit files there. (I have additional hard copies for two of the NPDES wastewater permit files here in Central Office that I'll get to Tom Belnick.) If you all have any questions, please let us know. Thanks, Bethany Georgoulias Bethany Georgoulias Environmental Engineer Stormwater Permitting Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethanv.eeorgouliasna ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://oortal.ncdenr.oro/web/Ir/stormwater ,sapped pl4l oI pasopslp aq .few pue Mel spaooed ollgnd eupaeo ypoN sqj oI Ioalgns sI ssaippe s!qj woaj pue oI aouapuodsajaoo I.iew3 wsaiedwo:) 6utgION -� Georgoulias, Bethany From: Georgoulias, Bethany Sent: Wednesday, October 28, 2015 1:30 PM To:'stodd.mickleborough@thequartzcorp.com' Cc: Bennett, Bradley; Wiggs, Linda; Aiken, Stan E; Vinson, Toby Subject: NPDES Permit Renewal NCG020274 for Mining Operation at Pine Mountain M&P Importance: High Mr. Mickelborough, As you may know, the U.S. EPA Region 4 personnel from Atlanta, GA conducted a Compliance Evaluation Inspection at this site the week of March 30, 2015. Subsequent sampling was conducted in June as a follow-up to that inspection. NC DEQ has discussed with EPA the concerns raised by those sample results, and we have determined that permit renewal for this facility should be handled differently than in past years. The Quartz Corp requested renewal coverage under the NPDES General Permit NCG020000 for this facility in Spruce Pine, NC, and indicated electronic COC renewal as the preferred option. However, NC DEQ will issue this facility a special Certificate of Coverage under NCG02 that will require additional discharge parameters be measured. We will be sending you a paper renewal package with a cover letter explaining the basis for revised monitoring requirements in lieu of an email with instructions for on-line COC renewal. The conditional COC will allow continued coverage under the General Permit for the time being. Please be on the lookout for this important correspondence in the coming weeks. Regards, The Stormwater Permitting Program Bethany Georgoulias Environmental Engineer Stormwater Permitting Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethany.georgoulias(a),ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://nortal.ncdenr.ore/web/Ir/stonnwater W. Nothing Compares - Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Georgoulias, Bethany From: Belnick, Tom Sent: Thursday, November 05, 2015 2:46 PM To: Georgoulias, Bethany Cc: Bennett, Bradley Subject: RE: NPDES Permit Renewal NCG020274 for Mining Operation at Pine Mountain M&P Forgot to mention. In the EPA letter dated 9/30/2015 for their recommendations for NPDES Permit NCG020000, they incorrectly stated in Recommendation 2, bullet 2, a minimum of monthly monitoring for toxics and toxicity (citing our 2B.0500 monitoring requirements). In truth, toxics/toxicity are separated out from other parameters subject to Monthly Monitoring. Tom Belnick Supervisor NPDES Complex Permitting Unit, DWR North Carolina Department of Environmental Quality 919-807-6390 office tom.beinick@ncdenr.gov 512 North Salisbury Street 1617 Mail Service Center Raleigh, NC 27669 W. ^� Nothing Compares - Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Belnick, Tom Sent: Thursday, November 05, 2015 2:19 PM To: Georgoulias, Bethany <bethany.georgoulias@ncdenr.gov> Cc: Bennett, Bradley <bradley.ben nett@ncdenr.gov> Subject: RE: NPDES Permit Renewal NCG020274 for Mining Operation at Pine Mountain M&P Bethany- I took a look at our 6 existing Individual Unimin/Feldspar NPDES permits and offer the following comments with regard to your draft Table 7 Monitoring Requirements for Wastewater Discharges: 1. All our permits have fluoride limits, since fluoride is used in the extraction process. 2. All our permits have chloride monitoring, which is also used in the process. 3. 1 would add monitoring for aluminum, since alum is used sometimes. 4. 1 would add monitoring for nickel and zinc, which was checked as "Believed Present" in some applications, and there are current water quality standards/criteria to run an RPA. S. I'm not sure of value of monitoring for antimony, arsenic, chromium, copper, iron, lead, magnesium, manganese, strontium, titanium, vanadium, since I'm not clear on what the source of these toxicants would be, some lack water quality standards/criteria to run RPA, etc. 6. If these permits came to NPDES wastewater, we would include a quarterly toxicity test limit which would cover the potential impact of all toxicants present (even if we didn't monitor for all of the above). 7. 1 don't see the basis for the fecal coliform limit to SA water- what would be the source of fecal from a mining operation? 8. All our permits have pH limits without exemption. Effluent Guideline based. In this case it would be water quality -based rather than Overall, the historical issues in North Toe River have been fluoride (used in the process) and instream impairment due to turbidity. Hope this helps, let me know if any questions. Tom Belnick Supervisor NPDES Complex Permitting Unit, DWR North Carolina Department of Environmental Quality 919-807-6390 office tom.belnick(a)ncdenr.gov 512 North Salisbury Street 1617 Mail Service Center Raleigh, NC 27669 fc. - ^i Nothing Compares .� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Georgoulias, Bethany Sent: Wednesday, November 04, 2015 11:22 AM To: Belnick, Tom <tom.belnick@ncdenr.eov> Cc: Bennett, Bradley <bradlev.bennett@ncdenr.gov> Subject: RE: NPDES Permit Renewal NCG020274 for Mining Operation at Pine Mountain M&P Sounds good. Thanks! Bg Bethany Georgoulias Environmental Engineer Stonnwater Permitting Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethany.ReorgouliasAncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: bgp://Portal.ncdenr.orgiweb/ir/stormwater wo. Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Belnick, Tom Sent: Wednesday, November 04, 2015 11:10 AM To: Georgoulias, Bethany<bethany.eeoreoulias@ncdenr.eov> Cc: Bennett, Bradley <bradlev.bennett@ncdenr.aov> Subject: RE: NPDES Permit Renewal NCG020274 for Mining Operation at Pine Mountain M&P I'll complete by Friday. Tom Belnick Supervisor NPDES Complex Permitting Unit, DWR North Carolina Department of Environmental Quality 919-807-6390 office tom.belnick(a)ncdenr.aov 512 North Salisbury Street 1617 Mail Service Center Raleigh, NC 27669 1C. !'"Nothing Compares - Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Georgoulias, Bethany Sent: Tuesday, November 03, 2015 2:39 PM To: Belnick, Tom <tom.belnick@ncdenr.Rov> Cc: Bennett, Bradley <bradlev.bennett@ncdenr.eov> Subject: FW: NPDES Permit Renewal NCG020274 for Mining Operation at Pine Mountain M&P Importance: High Hi Tom, Have you all made any headway on what preferred parameter list we should include in our "special" COCs for Unimin and Quartz Corp sites in Mitchell County? We will need to issue them coverage as soon as we can since the general permit became effective at the beginning of October. Thanks! Bg Bethany Georgoulias Environmental Engineer Stormwater Permitting Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethanv.georgouliasna,ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://yortal.ncdenr.org/web/Ir/stormwater 0. Nothing Compares,,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Georgoulias, Bethany Sent: Wednesday, October 28, 2015 1:30 PM To: 'stodd.mickeeborough@thequartzcorp.com'<stodd.mickleborough @theguartzcoro.com> Cc: Bennett, Bradley <bradlev.bennett@ncdenr.¢ov>; Wiggs, Linda <Iinda.wigRs@ncdenr.gov>; Aiken, Stan E <stan.aiken@ncdenr.gov>; Vinson, Toby <toby.vinson@ncdenr.aov> Subject: NPDES Permit Renewal NCG020274 for Mining Operation at Pine Mountain M&P Importance: High Mr. Mickelborough, As you may know, the U.S. EPA Region 4 personnel from Atlanta, GA conducted a Compliance Evaluation Inspection at this site the week of March 30, 2015. Subsequent sampling was conducted in June as a follow-up to that inspection. NC DEQ has discussed with EPA the concerns raised by those sample results, and we have determined that permit renewal for this facility should be handled differently than in past years. The Quartz Corp requested renewal coverage under the NPDES General Permit NCG020000 for this facility in Spruce Pine, NC, and indicated electronic COC renewal as the preferred option. However, NC DEQ will issue this facility a special Certificate of Coverage under NCG02 that will require additional discharge parameters be measured. We will be sending you a paper renewal package with a cover letter explaining the basis for revised monitoring requirements in lieu of an email with instructions for on-line COC renewal. The conditional COC will allow continued coverage under the General Permit for the time being. Please be on the lookout for this important correspondence in the coming weeks. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 Science and Ecosystem Support Division Field Services Branch 980 College Station Road Athens, Georgia 30605-2720 October 8, 2015 4FSB MEMORANDUM SUBJECT: Quartz Corp USA Spruce Pine, NC 28777 SESD Project ID: 15-0337 FROM: Cornell Gayle, PE )D.4,ls Enforcement Section THRU: Mike Bowden, Chief f Enforcement Section TO: Kip Tyler Environmental Engineer & Enforcement Officer NPDES Permitting and Enforcement Branch Water Protection Division Attached is a copy of the NPDES Compliance Sampling Inspection Report for the Quartz Corp USA *ICG020818, IC0000400, and NC0000353) in Spruce Pine, North Carolina. This report has not been distributed. Please forward copies of the report to the appropriate parties. If you have any questions, please contact me at (706) 355-8643, or email me at GAYLE.CORNELLOEPA.GOV. Attachment ���ZS A I"IVNOILN9,I NI IDVd SIHZ United States Environmental Protection Agency Region 4 Science and Ecosystem Support Division 980 College Station Road Athens, Georgia 30605-2720 ,,,,0,D S r4,,, s u The Quartz Corp USA NC0000400, NC0000353, NCG020818, and NCG020274 Compliance Sampling Inspection Report Spruce Pine, NC Inspection Date: June 11, 2015 SESD Project Identification Number: 15-0337 Requestor: Kip Tyler Environmental Engineer & Enforcement Officer NPDES Permitting and Enforcement Branch Water Protection Division USEPA — Region 4 61 Forsyth St. SW Atlanta, Georgia 30303-8960 Project Leader: Cornell Gayle, PE Enforcement Section Field Services Branch Science & Ecosystem Support Division USEPA — Region 4 980 College Station Road Athens, Georgia 30605-2720 SESD Project Identification Number: 15-0337 Page 1 of 98 Title and Approval Sheet Title: Quartz Corporation Compliance Sampling Inspection Report Approving Official: Mike Bowden, Chief Enforcement Section Field Services Branch SESD Project Leader: &,A�= Cornell ? Gay e, PE Enforcement Se 'on Field Services Branch i /S Date /0' ?- - 1 Date SESD Project Identification Number: 15-0337 Page 2 of 98 COMPLIANCE SAMPLING INVESTIGATION REPORT THE QUARTZ CORP USA NC0000400, NC0000353, NCG020818, and NCG020274 SPRUCE PINE, NORTH CAROLINA I. INTRODUCTION The week of June 8, 2015, representatives of the U.S. Environmental Protection Agency, Science and Ecosystem Support Division (USEPA- SESD), conducted a Compliance Sampling Inspection (CSI) at the The Quartz Corp USA (NC0000400, NC0000353, NCG020818, and NCG020274) in Spruce Pine, North Carolina. The CSI was performed at the request of the Water Protection Division, EPA Region 4. The CSI was conducted to support a National Pollutant Discharge Elimination System (NPDES) Compliance Evaluation Inspection, which was conducted the week of March 30th, 2015 by the EPA Water Protection Division (WPD) personnel from Atlanta, Georgia. The primary focus of this investigation was to sample all outfalls that were discharging. Personnel who participated in the Diagnostic Evaluation: Name _ Organization- T, Cornell Gayle Louis Salguero Nathan Mangle Linda Wiggs II. SUMMARY USEPA --l-USEPA USEPA - NCDNR - 706-355-8643 il 706-355-8732 706-355-8642 828-296-4500 SESD sampled 14 locations across the facility. This included upstream (US) and downstream (DS) samples for NPDES outfalls identified in permits NC0000400 and NC0000353. In -situ measurements included temperature, pH, turbidity, and dissolved oxygen which are included in Table 3. Samples were analyzed for Total Recoverable Metals, Total Suspended Solids (TSS), Total Dissolved Solids (TDS), and hardness (as CaCO3). III. DISSCUSSION OF FIELD ACTIVITIES The objective of the SESD investigation was to collect samples corresponding with NPDES permits NC0000400, NC0000353, NCG020818 and NCG020274. As required under permits NCG020818 and NCG020274 sampling began within 30 minutes of a rainfall event. Rainfall data from the site is included in Table 2. Based on an authoritative sampling design, SESD sampled 14 locations across two sites. These locations had sufficient flow to collect representative samples. Figures 1-3 display the locations. GPS coordinates and sample identification information is included in Table 1. SESD Project Identification Number: 15-0337 Page 3 of 98 All samples for permits NCGO20818 and NCG020274 were collected as grab samples. Samples were collected at the NPDES discharge locations directly into 1 L wide mouth polyethylene bottles. Samples for permits NC0000400 and NC0000353, were collected as grab samples or composite samples based on permit requirements. hi -situ measurements were taken via data sonde submerged directly into a pool below the effluent discharge location or in a 1L wide mouth polyethylene container adapted for collecting a sample and measuring parameters on site. All samples and measurements were collected and preserved using the appropriate SESD procedures. Figure 1: Entire Sampling Area. SESD Project Identification Number: 15-0337 Page 4 of 98 a6neE) wea ssedelIV r '� E00 ab 9 a � r� ezG�- 09 '1 1 ' 1111 aSon�` . j s � uo r I IV. RESULTS OF ANALYSES Samples were collected using wide mouth plastic 1 L bottles. Table 1 contains sample identifications and descriptions. SESD Sample IDs designated with a US are samples collected upstream of the facility discharge location. SESD Sample IDs designated with a DS are samples collected, downstream of the facility discharge location. Table 1 lists the identification methods of the samples collected. Table 1: Sample Identification l Map ID* Latitude Longitude SESD Sample ID NPDES Permit Outfall 2 35.90526-82.0638 818 06A NCG020818 AL-06 3 35.90391-82.0574 818 01 NCG020818 AL- 1-4t 4 35.90444-82.0591 No Sample Taken NCG020818 AL-08 5 35.90487 j-82.0613 81805 NCG020818 AL-05 --------- ------ 6 ---------- --- --- - - 35.90477-82.0611 353 US NC0000353 NA 7 35.9272-82.095 27401 NCG020274 - PM-001 8 35.92664-82.0947 27402 NCG020274 PM-002 9 35.92616-82.0936 27403 NCG020274 PM-003 10 35.92631 !-82.0942 0400 US NC0000400 NA 24 35.9362-82.0962 274 05_ _ NCG020274 _ 25 35.93904-82.0898 27406 _ NCG020274 _PM-05 PM-06A 26 35.91181-82.0671 353 DS 400 DS NC0000353 NC0000400 NA NA 27 35.92838 -82.0966 28 35.90509 I - 82.0631 353 EFF NC0000353 NA - -- --- 29 . -- . _. - --- - - 35.92805-82.0949 - . -- --- -- 400 EFF - - NC0000400 _ --- NA Locations 11-23 were erratic measurements not applicable to this study t AL 1-4 were combined by the facility into one discharge to simplify and make sampling safer for employees. SESD Project Identification Number: 15-0337 Page 6 of 98 Table 2 lists the daily rainfall totals during the inspection period. The daily totals are taken from the facility rain gauges from midnight to midnight. The yellow markers in Figure 1 indicate the location of the rain gauges with respect to the sampling locations (blue markers). Table 2: Rainfall data for the June 7-12, 2015. All measurements taken in inches. Date Pine Mountain Mine K-T Feldspar Altapass Plant 6/7/2015 0.11 0.117 0.14 6/8/2015 0.3 0.654_ 1.01 6/9/2015 0.02 0 0.01 6/10/2015 1.07 0.004 0 6/11/2015 0.01 0 0 6/12/2015 0.02 0 0 Table 3 lists the in -situ measured parameters. Table 3: In -situ Measurements. SESD Sample ID pH S.U. Conductivity AS/cm Temp °C Turbidity NTU Dissolved Oxygen mg/L 818 06A 8.13 37 24.01 299 7.46 81801 7.7 30 24.4 78.5 7.38 81805 7.73 79 22.26 33.5 8.02 353 US 7.22 82 19.72 12.6 9.2 353 EFF 7.22 417 22.1 322.7 8.19 353 DS 7.32 105 18.82 11.1 8.93 27401 7.1 481 22.69 275.5 6.2 27402 7.27 460 21.3 121.2 3.97 27403 7.1 480 21.92 289.3 6.2 27405 7.84 469 22.37 38 7.43 27406 7.98 122 19.61 6.1 8.09 0400 US 7.12 90 19.51 616.9 8.9 400 EFF 6.86 686 26.69 19.1 7.45 400 DS 7.38 84 19.75 10.7 9.92 SESD Project Identification Number: 15-0337 Page 7 of 98 Table 4: Summary of SESD Results. For complete analytical results see Appendix B. Table 4A — Analytical results for permits NC00004000 and NCG020274 - SESD 400 US 400 EFF F 400 DS 274 01 274 02 274 03 27405 27406 Sample ID _ Chloride mg/L _ 6.2 15 _ 6.2 - - - - - Fluoride mg/L 0.37 54 0.44 - - - - Hardness (as CaCO3) mg/L 27 230 28 170 160 120 160 44 Total Dissolved Solids mg/L 72 440 73 300 310 220 310 94 Total Suspended Solids mg/L 8.1 J,QR 1 32 8.1 J,QR 1 56 98 210 13 J,QR-1 4.0 U,J,QR 1 Table 4B — Analytical results for permits NC0000353 and NCG020818 - SESD 353 US 353 EFF F 353 DS 818 01 818 05 818 06A Sample ID _ Chloride mg/L 5.3 6.8 5.4 - -- - Fluoride mg/L 0.14 5.4 0.42 - - - Hardness (as CaCO3) m g/L 25 200 31 - 15 28 41 Total Dissolved Solids mg/L 69 330 79 41 63 64 Total Suspended Solids mg/L 8.2 J,QR-1 35 8.0 J,QR-1 100 56 470 A summary of the metals analytical data, and total dissolved metals calculations, are included in Appendix A of this report. SESD Project Identification Number: 15-0337 Page 8 of 98 V. RESULTS OF QUALITY CONTROL SAMPLES Field quality control samples for this investigation consisted of - Equipment rinse blanks on automatic samplers. • Sample 274 01 D was used as the source for a field duplicate for the metals, hardness, and solids. • Results of quality control analyses are contained in the Laboratory Analytical Reports in Appendix C, and are acceptable for the purposes of this investigation. VI. METHODOLOGY Field activities were conducted in accordance with the Region 4, SESD Field Branches Quality System and Technical Procedures. Specific field procedures applicable to this investigation included the following: Global Positioning System, SESDPROC-110-R4 Logbooks, SESDPROC-010-R4 Field pH, SESDPROC-100-R3 Field Specific Conductance, SESDPROC- 10 1 -R5 Field Temperature, SESDPROC-102-R4 Field Equipment Cleaning and Decontamination, SESDPROC-205-R2 Field DO Measurement, SESDPROC- 106-R3 Surface Water Sampling, SESDPROC-201-R3 The SESD laboratory is accredited by the ANSI-ASQ National Accreditation Board/ACLASS for ISO/IEC 17025. The SESD Field Branches are accredited by the ANSI-ASQ National Accreditation Board/ACLASS for ISO/IEC 17025 for Forensic Testing. SESD Project Identification Number: 15-0337 Page 9 of 98 86 J0 0I aSvd L££0-S t :jaqumM uo!lrc)giauopI loafoid QSaS slaagS vl?aQ iva ivuV -a xipuaddV 3oZ ologd — g xipuaddV ,&ivmmnS sIvlaN —,V xipuaddV 863o 11 09Ed L££0-9 t :joquunM uoijvogijuopI loofoicl QSgS AjummnS sialaW —,V xipuaddV Table B.1- Total Recoverable Metals Analytical data summary for permit NC0000400 and NCG020274. Summary of analytical data for metals which were detected above the minimum reporting limit. For a complete listing of analytical data see Appendix C. Flags are explained in the footnote below. t _ Sample 27401 27402 27403 27405 27406 400 US 400 EFF 400 DS ID Hardness (as mg/L CaCO3) Aluminum ug/L Barium ug/L Calcium ug/L Chromium ug/L Cobalt ug/L Copper ug/L Iron ug/L Lead ug/L Magnesium ug/L Manganese ug/L Molybdenum_ ug/L Nickel ug/L Potassium ug/L Sodium ug/L Strontium_ ug/L Titanium ug/L Vanadium ug/L Yttrium ug/L Zinc ug/L 170 160 120 160 44 27 230 28 4000 7800 14000 590 220 450 6500 480 84 68 150 65 18 24 47 23 49000 50000 35000 43000 10000 7900 84000 8000 5.0 U 5.0 U 8.7 5.0 U 5.0 U 5.0 U 5.0 U 5.0 U 5.O U 5.O U 6.9 5.O U 5.O U 5.O U 5.O U 5.O U IOU IOU 18 IOU IOU IOU IOU IOU 1800 2500 7800 2900 320 650 3100 660 6.0 7.3 26 _ 1.3 1.0 U 1.0 U 2.2 1.0 U 12000 8400 7100 13000 4600 1800 4000 1800 830 290 2800 1700 160 51 1500 54 10U IOU 10U 1 0 U IOU 10U 13 IOU l0U IOU IOU IOU IOU l0U 20 IOU 6800 10000 7500 11000 1700 1100 16000 1100 J,QC-S- - J,QC-S- -- J,QC-5 - -J,QC-5 . J,QC-5 -J,QC-5 J,QC-5 J,QC-5 - 26000 28000 15000 32000 4600 4500 26000 4500 130 140 120 170 56 32 220 32 57 21 290 14 11 20 9.5 20 5.0 U 5.0 U 9.9 5.0 U 5.0 U 5.0 U 5.0 U 5.0 U 3.0 U 3.0 U 8.4 3.0 U 3.0 U 3.0 U 3.0 U 3.0 U 41 IOU 58 IOU IOU IOU IOU IOU t U - The analyte was not detected at or above the reporting limit: J - The identification of the analyte is acceptable; the reported value is an estimate. QC-5 - Calibration check standard less than method control limits. SESD Project Identification Number: 15-0337 Page 12 of 98 Table B.2 - Total Recoverable Metals Analytical data summary for permit NC0000353 and NCG020818. Summary of analytical data for metals which were detected above the minimum reporting limit. For a complete listing of analytical data see Appendix C. Flags are explained in the footnote below.§ Sample ID 353 US 353 EFF F 353 DS 81801 81805 818 06A Hardness (as CaCO3) mg/L 25 200 31 15 28 41 Aluminum ug/L 680 600 540 5100 7400 12000 Antimony ug/L 1.0 U 1.0 U 1.0 U 1.0 U 1.0 U 1.3 Arsenic ug/L 1.0 U 1.0 U 1.0 U 1.0 U 1.0 U 1.3 Barium ug/L 26 32 24 40 58 140 Calcium ug/L 7000 76000 9400 3900 7500 9800 Chromium ug/L 5.0 U 5.0 U 5.0 U 5.3 5.0 U 12 Copper ug/L IOU IOU IOU 10 IOU 25 Iron ug/L 930 1400 680 3600 27000 9800 Lead ug/L 1.0 U 1.0 U 1.0 U 8.2 8.2 21 Magnesium ug/L 1800 2800 1800 1300 2100 4000 Manganese ug/L 47 270 46 99 270 190 Nickel ug/L 10 U 29 IOU IOU IOU IOU Potassium ug/L 1000 U 3700 J,QC-5 100.0 J,QC-5 1900 J,QC-5 1700 J,QC-5 4100 J,QC-5 Sodium ' u 4200 �, 7800 4500 . 1600 4300 3600 Strontium ug/L 31 85 - - 32 18 41 44 Titanium ug/L 34 5.0 U 23 180 48 310 Vanadium ug/L 5.0 U 5.0 U 5.0 U 6.2 5.0 U 14 Yttrium ug/L 3.0 U _ 3.0 U 3.0 U 5.6 3.1 _ 5.4 Zinc ug/L 10 IOU IOU 67 60 120 § U - The analyte was not detected at or above the reporting limit. J - The identification of the analyte is acceptable; the reported value is an estimate. QC-5 - Calibration check standard less than method control limits. SESD Project Identification Number: 15-0337 Page 13 of 98 Table B.3 - Total Dissolved Metals calculation from Total Recoverable Metals analytical data for permit NC0000400 and NCG020274. The following table summarizes the total dissolved portion of the total recoverable results. These values were solely calculated using the US EPA Office of Water's The Metals Translator: Guidance for Calculating a Total Recoverable Permit Limit from a Dissolved Criterion report. The data is calculated using the information on pages 3 and 4 of The Metals Translator report. This method is not included in the SESD Laboratory Operations and Quality Assurance Manual (LOQAM), or Standard Methods 22nd Ed. and therefore is not included under the ISO 17025 accreditation that SESD holds. Symbols are explained in the footnote below." Sample ID 274 01 274 02 274 03 274 05 274 06 400 US 400 EFF F 400 DS Hardness (as CaCO3) mg/L 170.00 160 120 160 44 Copper (Acute/ Chronic)tt ug/L <9.60 <9.60 17.28 <9.60 <9.60 Lead (Acute/ Chronic)tt ug/L 4.28 5.27 19.88 0.94 <0.91 Nickel (Acute) ug/L <9.98 <9.98 <9.98 <9.98 <9.98 Nickel (Chronic) ug/L <9.97 <9.97 <9.97 <9.97 <9.97 Zinc (Acute) ug/L 40.10 <9.78 56.72 <9.78 <9.78 Zinc (Chronic) ug/L 40.43 <9.86 57.19 <9.86 <9.86 " < - The total recoverable portion was not detected at or above the reporting limit. " The conversion factors for acute and chronic are the same. 27 - 230 28 <9.60 <_9.60 <9.60 - <0.98 ---1.47 <0.98 <9.98 19.96 <9.98 <9.97 19.94 <9.97 <9.78 <9.78 <9.78 <9.86 <9.86 <9.86 SESD Project Identification Number: 15-0337 Page 14 of 98 Table BA - Total Dissolved Metals calculation from Total Recoverable Metals analytical data for permit NC0000353 and NCG020818. The following table summarizes the total dissolved portion of the total recoverable results. These values were solely calculated using the US EPA Office of Water's The Metals Translator: Guidance for Calculating a Total Recoverable Permit Limit from a Dissolved Criterion report. The data is calculated using the information on pages 3 and 4 of The Metals Translator report. This method is not included in the SESD Laboratory Operations and Quality Assurance Manual (LOQAM), or Standard Methods 22"d Ed. and therefore is not included under the ISO 17025 accreditation that SESD holds. Symbols are explained in the footnote below.$$ - Sample ID 353 US 353 EFF F 353 DS 818 01 818 05 818 06A Hardness (as CaCO3) mg/L 25 200 31 15 28 41 Copper (Acute/ Chronic)tt ug/L <9.60 <9.60 <9.60 9.60 <9.60 24.00 Lead (Acute/ Chronic)tt ug/L <0.99 <0.69 <0.96 8.75 8.01 19.34 Nickel (Acute) ug/L <9.98 28.94 <9.98 <9.98 <9.98 <9.98 Nickel (Chronic) ug/L <9.97 28.91 _ <9.97 <9.97 <9.97 <9.97 Zinc (Acute) ug/L 9.78 <9.78 <9.78 65.53 58.68 117.36 Zinc (Chronic) ug/L 9.86 <9.86 <9.86 66.06 59.16 118.32 :: < - The total recoverable portion was not detected at or above the reporting limit. tt The conversion factors for acute and chronic are the same. SESD Project Identification Number: 15-0337 Page 15 of 98 86JO 91 a-99d L££4-91 :ioqwnMuoi��ogiluopl oofoid QS2[S SoZ ologd — g xipuaddV Picture Name DSCN1028.JPG Latitude 35.904030' N Longitude 82.0575000 W Comments Final discharge is from far pond on other side of rip rap dam. Picture Name DSCN]033.JPG Latitude 35.903803° N Longitude 82.058942' W Comments Flow from previous discharges 818-03 and 818-04 were combined and piped to discharge 818-01 pictured above. Picture Name DSCN 1035.JPG Latitude 35.9044530 N Longitude 82.0591320 W Comments Insufficient flow from discharge 818 -08 to sample. SESD Project Identification Number: 15-0337 Picture Name DSCN1041.JPG Latitude 35.904722° N Longitude 82.061452' W Comments Discharge 818-05 Picture Name DSCNI044.JPG Latitude 35.904803° N Longitude 82.0612180 W Comments Discharge 353. The discharge pipe is below the photo location. The picture is looking upstream at the upstream sampling location. Picture Name DSCN1046.JPG Latitude 35.9273970 N Longitude 82.095150' W Comments Discharge 274-01 SESD Project Identification Number: 15-0337 Picture Name DSCN1049.JPG Latitude 35.9268630 N Longitude 82.0946730 W Comments Discharge 274-02. The discharge is controlled by a manual valve. The valve is located on the other side of the dam. Picture Name DSCN1054.JPG Latitude 35.9261530 N Longitude 82.093578' W Comments Discharge 274-03 Picture Name DSCN1063.JPG Latitude 35.905053' N Longitude 82.062958' W Comments Discharge 353-Eff. Automatic samplers and flow meter were setup on the far side of yellow bridge pictured. SESD Project Identification Number: 15-0337 863o OZ a&d L££0-9 I :.aagwnX uollaaglluopl laafoid (ISHS •paanlotd o0ppq mollaX agl uo dnlas wom iopw mog pue saaldwus allewolnV ,jj3-OOb aSaegaslQ sluawwOD M oL£61760'Z8 apnl!Suo'I N o££08Z69£ apnl!lu-I Odf'690INDSQ aweKainio!d r- '040 �A� UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 s; ��� t � ATLANTA FEDERAL CENTER It PA00 � 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 'SEP 0 3 2015 Mr. Toby Vinson Chief, Land Quality Section Division of Energy, Mineral, and Land Resources North Carolina Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Subject: Review of Draft National Pollutant Discharge Elimination System General Permit for Non - Metallic Mineral Mines, NCGO20000 Dear Mr. Vinson: On June 5, 2015, the above referenced National Pollutant Discharge Elimination System (NPDES) draft general permit (GP) and supporting documents were received by the U.S. Environmental Protection Agency Region 4 from the North Carolina Department of Environment and Natural Resources (NCDENR). We have completed our review of the draft GP and supporting documents and are providing comments in accordance with Section IV.B.3 of the North Carolina/EPA Memorandum of Agreement (MOA) and 40 Code of Federal Regulations (CFR) § 123.44(a). The EPA and NCDENR have worked together to resolve many issues in the draft GP. The NCDENR has committed to: revise the notice of intent to be more consistent with NC's antidegration policy, add questions to the notice of intent that will more clearly identify the outfalls and receiving streams; include conditions in the GP to protect sensitive streams, and clarify definitions for wastewater and stormwater. These are significant improvements and we commend NCDENR's efforts to provide further additions and water quality protections to the GP. It is in this context that we recommend additional measures (see enclosure) for your consideration. The EPA remains concerned that discharges from facilities covered by this GP may cause environmental impacts. The EPA's recommendations relate to this draft GP, which covers 424 raining facilities, are described in detail in the enclosed attachment. We recommend the GP contain effluent limits and monitoring frequencies as stringent as necessary to ensure that the proposed discharges will not cause or contribute to a violation of numeric or narrative water quality standards (WQS), as required by the Clean Water Act § 301(b)(1)(C), 40 CFR § 122.46) and (d)), and 40 CFR § 122.44(d)(1). Additionally, our recommendations take into consideration the effluent and in -stream data collected by the EPA from three facilities currently covered under this GP. We request that the NCDENR consider these recommendations and revise the draft GP and fact sheets to address them before issuing the final GP. In accordance with our MOA, we also request that you provide a response to our comments and to any public comments you receive. If substantial changes to the GP are made beyond our recommendations, we ask that you provide the proposed GP to us prior to final issuance for our review. Please let me know if you have any questions or concerns. If you have any Intemet Address (URL) • http:/AwAv.epa.gov Recycled/Recyclable • printed with Vegetable oil Based Inks on Recyded Paper (ti mimm 30% pcstconsume0 'r , questions, please call me at (404) 562-9610 or have your staff contact Mr. Kip Tyler of the NPDES Permitting and Enforcement Branch at (404) 562-9294. Sincerely, Q Denisse D. Diaz, Chief NPDES Permitting and Enforcement Branch Water Protection Division Enclosure Recommendations for NPDES permit NCG020000 1. The EPA collected effluent and in -stream data from three facilities (NCG020274, NCG020818, and NCG020793) covered under this GP in June of 2015. The water quality data revealed concentrations of copper, lead, and zinc that may cause or contribute to exceedances of NC current WQS. The data also shows that certain metals concentrations may cause or contribute to violations of NC's proposed WQS (that are more stringent than the current WQS for certain pollutants) or EPA's recommended criteria. The EPA believes that a reasonable potential analysis should be conducted using this data and other relevant information to properly assess the risk of exceeding NC WQS for metals at these facility's outfalls. If reasonable potential exists for these facility's discharges to cause or contribute to an exceedance of any WQS, the EPA would expect these facilities be covered under individual NPDES permits. The presence of metals in this effluent data may be indicative of a problem industry -wide or a problem within an industry subcategory. In order to fully understand the potential concentrations of metals present in this industry's discharges, the EPA and NCDENR recognize the need for additional testing of effluent and receiving streams for metals from facilities covered under this GP. The EPA and NCDENR will work together to determine how to obtain more industry -specific water quality data for metals. A reasonable potential analysis is required after the collection of more water quality data from the industry in accordance with 40 CFR § 122.44(d)(1). If reasonable potential is found for the discharges to cause or contribute to WQS exceedances in the results of the additional data collected, the EPA encourages the NCDENR to include water quality -based effluent limits applicable to the industry or industry subcategory as required by 40 CFR § 122.28(ax3). 2. The monitoring frequency for all wastewater parameters is twice per year. The monitoring frequency for all stormwater parameters is semi-annually until a tier two action is required. The EPA is concerned that this draft GP may not include monitoring frequencies necessary to capture an accurate scope of pollutant concentrations in the effluent pursuant to 40 CFR § 122.48. Additionally, the EPA is concerned that the information in the fact sheet does not support a semi-annual monitoring frequency. For the reasons described below the EPA recommends that the final GP contain monthly monitoring frequencies for all stormwater and wastewater parameters. • The quarterly monitoring effluent data reported for some facilities are exceeding multiple pollutant benchmarks and limitations. Facilities with problems achieving compliance should generally be required to perform more frequent monitoring, not less frequent monitoring, to assess noncompliance. • The minimum monitoring frequency for mining discharges is provided in North Carolina's WQS. These regulations specify a minimum monitoring frequency of monthly for turbidity, seattleable matter, total suspended solids (TSS), pH, toxics, and toxicity for mining facilities that are within standard industrial classification 1400-1499 (15A NCAC 0213.050B). The GP covers mining facilities that are in standard industrial classification 1400-1499. • Semi-annual monitoring frequencies would make it difficult to apply and enforce the maximum daily and monthly average limits. 3. The North Carolina WQS for TSS limits wastewater discharges to 10 mg/L in trout waters (TR) and 20 mg/L for High Quality Waters (HQW). The draft GP has a benchmark value of 50 mg/L TSS for stormwater outfalls that discharge to TR and HQW. While the WQS for TSS is applicable to �r. wastewater, it does not preclude the NCDENR from using best professional judgment to apply a more protective benchmark for stormwater discharges. The EPA suggests that the GP include stonnwater•benchmark levels of 10 mg/L and 20 mg/L to waters classified as TR to HQW, respectively. 4. The North Carolina WQS for turbidity is connected to the background condition in the stream (15A NCAC 02B .0221(21)). The draft GP requires turbidity monitoring at the stormwater discharge outfall or directly upstream and downstream. The EPA is concerned that without the mandatory collection of both effluent and in -stream turbidity concentrations, it cannot be known if a violation of the benchmark criteria is occurring. The EPA suggests that final GP contain turbidity monitoring in the effluent and in -stream samples for wastewater and stormwater discharges. 5. The currently effective GP requires settleable solids benchmarks for stormwater and limits for wastewater. The seattleable solids limits for wastewater are being removed from the draft GP. North Carolina's WQS support seattleable solids limits on certain sensitive waters (15A NCAC 02B .0221 and .0222). The EPA recommends that seattleable solids limits apply to wastewater discharges to sensitive waters. ft Jas�v srq�s. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY a w REGION 4 $ e ATLANTA FEDERAL CENTER 4,<Prt:7/ ATLANTA GEORGIA30303-8960 APR 232015 ��C��Veo �1AY 12 ?015 CERTIFIEDRECEIPT IL 71703 8457 SrORwq ERFjRETTURN REQUESTED PRiIrNO Mr. John Walker The Quartz Corporation 100 Mansell Court East, Suite 300 Roswell, Georgia 30076-4860 Re: Clean Water Act § 308 Information Request National Pollutant Discharge Elimination System Permit Nos: NC0000400 and NCG020274 Dear Mr. Walker: On March 31, 2015, and April 1, 2015, the U.S. Environmental Protection Agency Region 4 conducted compliance evaluation inspections at the facilities covered by the above referenced National Pollutant Discharge Elimination System (NPDES) permits. In order to further evaluate if the facilities are complying with the terms and conditions of the Clean Water Act (CWA) and the NPDES permit, the EPA is requesting that The Quartz Corporation provide the information described in Enclosure A. pursuant to CWA § 308, 33 United States Code (USC) § 1318. Failure to provide a full and complete response to this information request or to adequately justify a failure to respond within the time frame specified above may result in an EPA enforcement action pursuant to federal law, including, but not limited to CWA § 309. 33 USC § 1319. and 18 USC § 1001. In accordance with 40 Code of Federal Regulations § 122.22, your response to this information request must be accompanied by a certitication.f The response should be provided within 30 days of receipt of this letter and should be submitted to: Mr. Kip Tyler U.S. EPA Region 4. Water Protection Division NPDES Permitting and Enforcement Branch Atlanta Federal Center, 61 Forsyth Street. SW Atlanta, Georgia 30303-8960 The Quartz Corporation shall preserve until further notice all records (either written or electronic) that exist at the time of receipt of this letter that relate to any of the matters set forth in this letter. The term "records" shall be interpreted in the broadest sense to include information of every sort. The response to this Information Request shall include assurance that these record protection provisions were put in place, as required. ' Your response to this information request must be signed by a responsible company official and must include the following certification: -I certify under penalty of la%% that this document and all attachments here prepared under mN direction or super imon in accordance hh ith it s.% stem designed to assure that qualified personnel propsh gather and evaluate the information submitted Based on nhl inquir of the person or peran> %rho manage the system. or those persons direct]% responsible for gathering the inlimmuion. I certif% that the inibrunation submitted is. to the hest of my knov, ledge and belief: true, accurate and complete. I am aoare that there are significant penalties fix submitting false infimnalion. including the possibility of line and imprisonment fix knowing violations" Internet Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer) r If The Quartz Corporation believes that any of the requested information constitutes confidential business information, it may assert a confidentiality claim with respect to such information except for effluent data. Further details, including how to make a business confidentiality claim, are found in Enclosure B. Also enclosed is a document entitled U.S. EPA Small Business Resources-Iglbrmation Sheet to assist The Quartz Corporation in understanding the compliance assistance resources available to you. Any decision to seek compliance assistance at this time, however, does not relieve The Quartz Corporation of its obligation to the EPA nor does it create any new rights or defenses and will not affect the EPA's decision to pursue enforcement action. In addition, the Securities and Exchange Commission (SEC) requires its registrants to periodically disclose environmental legal proceedings in statements filed with the SEC. To assist The Quartz Corporation, the EPA has also enclosed a document entitled Notice of Securities and Exchange Commission Registrants' Duty to Disclose Environmental Legal Proceedings. If you have any questions, please contact Mr. Tyler at (404) 562-9294 or via email at tyler.kip@epa.sov. Sincerely, Denisse D. Diaz, Chief NPDES Permitting and Enforcement Branch Water Protection Division Enclosures cc: Ms. Linda Wiggs NC Department of Environment and Natural Resources Ms. Shawna Riddle NC Department of Environment and Natural Resources Mr. Jonathan Risgaard NC Department of Environment and Natural Resources Mr. Bradley Bennett NC Department of Environment and Natural Resources ENCLOSURE A INFORMATION REQUEST PURSUANT TO CWA § 308 Instructions 1. Identify the person(s) responding to the Information Request. 2. Provide a separate narrative response to each and every question and subpart of a question set forth in this Information Request. 3. Precede each answer with the text and the number of the question and its subpart to which the answer corresponds. 4. All documents submitted must contain a notation indicating the question and subpart of the question to which they are responsive. 5. In answering each Information Request Question and subpart thereto, identify all documents and persons consulted, examined, or referred to in the preparation of each response and provide true and accurate copies of all such documents. 6. If information not known or not available to you as of the date of submission of a response to this Information Request should later become known or available to you, you must supplement your response to the EPA. Moreover, should you find at any time after the submission of its response that any portion of the submitted information is false or misrepresents the truth; you must notify the EPA thereof as soon as possible. 7. Where specific information has not been memorialized in a document, but is nonetheless responsive to a Request, you must respond to the Request with a written response. 8. If information responsive to this Information Request is not in your possession, custody or control, then identify, if known, the person from whom such information may be obtained. 9. If you have reason to believe that there may be persons able to provide a more detailed or complete response to any Information Request or who may be able to provide additional responsive documents, identify such persons and the additional information or documents that they may have. 10. Information shall be provided for all companies, all subsidiaries, or other corporate affiliates under common control that also participate in the ownership or operation of a Facility. Thus, the response to each question concerning the company's activities should reflect information regarding each and every such entity. 11. All documents should be provided in an electronic format using the following, as appropriate: MS Word, MS Excel, MS Access, Geographic Information System (GIS) data, Adobe Acrobat PDF format, or images in JPEG format. The data shall be accumulated and organized into a clearly labeled and annotated format. � o � Definitions 1. The term "Document" includes any writings, drawings, graphs, charters, photographs, phone records, field records, operation logs or notes, field round sheets, electronic mail, facsimile, supervisory control, and data acquisition information, and other data compilations from which information can be obtained, translated, if necessary, through detection devices into reasonably useable form. Documents should be produced as they are kept in the usual course of business. 2. All terms not defined herein shall have their ordinary meanings, unless such terms are defined in the Clean Water Act or its implementing regulations, in which case the statutory or regulatory definitions shall control. 3. Words in the masculine may be construed in the feminine if appropriate, and vice versa, and words in the singular may be construed in the plural if appropriate, and vice versa, in the context of a particular question or questions. 4. The terms "And" and "Or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this Information Request any information which might otherwise be construed outside it scope. 5. The term "Identify" means, with respect to a natural person, to set forth the person's name, present or last known business address and business telephone number, present or last known home address and home telephone- number, and present or last known job title, position or business. 6. The term "Identify" means, with respect to a document, to provide its customary business description; its date; its number, if any (invoice or purchase order number); the identity of the author, addressee and/or recipient; and substance of the subject matter. 7. The term "Identify" means, with respect to a corporation, partnership, business trust or other association or business entity (including a sole proprietorship), to set forth its full name, address, legal form (e.g., corporation, partnership, etc.), organization, if any, and a brief description of its business. 8. The term "NPDES" or "NPDES Permit" shall mean National Pollutant Discharge Elimination System permit or any state permit (i.e., NPDES), issued pursuant to the Clean Water Act. 9. The term "NCDENR" shall mean North Carolina Department of Environment and Natural Resources. 10. The term "Discharge" shall mean the addition of any pollutant to waters of the United States, as that term is applied under the Clean Water Act. 11. The term "Facility" shall mean any surface and underground mines, processing and preparation plants, transportation facilities, and all associated operations owned or operated by You and operating under NPDES Permits NC0000400 and NCG020274. 12. The term "You" and "Your" shall mean The Quartz Corporation and any parent corporation, subsidiary or affiliate of Your Company, or other entity under common control, that also participates in the ownership or operation of a Facility. uestions 1. Specify the full legal name of Your Company, describe its legal form (corporation, partnership, etc.) and state of incorporation if applicable. Please identify any parent corporation, subsidiary or affiliate of Your Company, or other entity, that participates in the ownership or operation of a Facility. With respect to any such entity, list its name and address, legal form, and (if applicable) the state of incorporation, the principal place of business and provide the name and mailing address of the registered agent for this facility. 2. Provide a list of all Facilities owned or operated by Your Company in the State of North Carolina, including the name, address, and contact information for each Facility, NPDES permit number, and NCDENR permit number. 3. Provide the following information for NC0000400 and NCG020274: a. the NPDES permit, the application, and all supporting application documents; and b. all effluent and in -stream monitoring information conducted during the last 3 years including discharge monitoring reports and whole effluent toxicity results; and c. the location (latitude and longitude) of the upstream and downstream sampling points. 4. Provide the following information for NC0000400: a. a description of all products produced at the facility, a description of the treatment processes, a list of chemicals used in each treatment process, the mass and concentrations of each chemical used in each treatment process, and the influent and effluent flow rates (maximum and average) for each product produced; and b. all water withdrawal records including the water withdrawal permit for the last 3 years. 5. Provide the following information for NCG020274: a. all correspondence between Your Company and NCDENR regarding representative outfall sampling for the last 3 years; and b. all correspondence and documents between Your company and NCDENR regarding the unpermitted fill; and c. all required elements of the Stormwater Pollution Prevention Plan (SPPP) in accordance with Part III Section A of the permit for the last 3 years; 2 and d. all required analytical monitoring in accordance with Part III section B of the permit for the last 3 years; and e. all required on -site vehicle maintenance monitoring requirements in accordance with Part III 2 If a SPPP was not developed, provide a detailed explanation of your reason(s) for not developing a SPPP. s ti section C of the permit for the last 3 years; and f. all required qualitative monitoring requirements in accordance with Part III section D of the permit for the last 3 years; and g. all required wastewater information in accordance with Part III section E of the permit for the last 3 years. ENCLOSURE B RIGHT TO ASSERT BUSINESS CONFIDENTIALITY CLAIMS Except for effluent and biological data, you may, if you desire, assert a business confidentiality claim as to any or all of the information that EPA is requesting from you. The EPA regulation relating to business confidentiality claims is found at 40 Code of Federal Regulations (CFR) Part 2.40 CFR § 2.203 (b) states that "A business which is submitting information to EPA may assert a business confidentiality claim covering the information by placing on (or attaching to) the information, at the time it is submitted to EPA, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as "trade secret," "proprietary," or "company confidential." Allegedly confidential portions of otherwise non -confidential documents should be clearly identified by the business, and may be submitted separately to facilitate identification and handling by EPA. If the business desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state." If you assert such a claim for the requested information, the EPA will only disclose the information to the extent and under the procedures set out in the cited regulations. If no business confidentiality claim accompanies the information, the EPA may make the information available to the public without any further notice to you. ,a\SED STq�s. A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY o e : REGION 4 ATLANTA FEDERAL CENTER ���4t 61 FORSYTH STREET PR rrvo ATLANTA, GEORGIA 30303-8960 APR 2 31015 RECEIVED CERTIFIED MAIL 7010 1060 0002 1703 8457 MAY 12 2015 RETURN RECEIPT REQUESTED DENR•LAND QUALITY STORMWATER PERMITTING Mr. John Walker The Quartz Corporation 100 Mansell Court East, Suite 300 Roswell, Georgia 30076-4860 Re: Clean Water Act § 308 Information Request National Pollutant Discharge Elimination System Permit Nos: NC0000400 and NCG020274 Dear Mr. Walker: On March 31, 2015, and April 1, 2015, the U.S. Environmental Protection Agency Region 4 conducted compliance evaluation inspections at the facilities covered by the above referenced National Pollutant Discharge Elimination System (NPDES) permits. In order to further evaluate if the facilities are complying with the terms and conditions of the Clean Water Act (CWA) and the NPDES permit, the EPA is requesting that The Quartz Corporation provide the information described in Enclosure A, pursuant to CWA § 308, 33 United States Code (USC) § 1318. Failure to provide a full and complete response to this information request or to adequately justify a failure to respond within the time frame specified above may result in an EPA enforcement action pursuant to federal law, including, but not limited to CWA § 309, 33 USC § 1319. and 18 USC § 1001. In accordance with 40 Code of Federal Regulations § 122.22, your response to this information request must be accompanied by a certification. The response should be provided within 30 days of receipt of this letter and should be submitted to: Mr. Kip Tyler U.S. EPA Region 4. Water Protection Division NPDES Permitting and Enforcement Branch Atlanta Federal Center, 61 Forsyth Street. SW Atlanta, Georgia 30303-8960 The Quartz Corporation shall preserve until further notice all records (either written or electronic) that exist at the time of receipt of this letter that relate to any of the matters set forth in this letter. The term "records" shall be interpreted in the broadest sense to include information of every sort. The response to this Information Request shall include assurance that these record protection provisions were put in place, as required. Your response to this in lot ilia tion request must be signed by a responsible coinpam official and muss include the follomng certification: -I cenifi under penalty of lac that this document and at attachments \\ere prepared under my direction or super\ision in accordance kith a system designed to assure that quai lied personnel properh gather and eyaI Flaw the in Ionnalion submitted. Based on im inquiry of the person or persons \\ho manage the system. or those persons directh responsible lit gathering the in Ibmination. I ccrti lj ilia the information submitted is. to the best of my kno\eiedge and belief� true. accurate and complete. I am ataare that [here are significant penalties fix submitting false infimnation. including the possibility of tine and imprisonment fix kno\yin- violations." Internet Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30 % Postconsumer) ax 10 If The Quartz Corporation believes that any of the requested information constitutes confidential business information, it may assert a confidentiality claim with respect to such information except for effluent data. Further details, including how to make a business confidentiality claim, are found in Enclosure B. Also enclosed is a document entitled U.S. EPA Small Business Resources-1n1ormation Sheet to assist The Quartz Corporation in understanding the compliance assistance resources available to you. Any decision to seek compliance assistance at this time, however, does not relieve The Quartz Corporation of its obligation to the EPA nor does it create any new rights or defenses and will not affect the EPA's decision to pursue enforcement action. In addition, the Securities and Exchange Commission (SEC) requires its registrants to periodically disclose environmental legal proceedings in statements filed with the SEC. To assist The Quartz Corporation, the EPA has also enclosed a document entitled Notice of Securities and Exchange Commission Registrants' Duty to Disclose Environmental Legal Proceedings. If you have any questions, please contact Mr. Tyler at (404) 562-9294 or via email at t ly er.kipawepa.gov. Sincerely, A �yk- L� Denisse D. Diaz, Chief NPDES Permitting and Enforcement Branch Water Protection Division Enclosures cc: Ms. Linda Wiggs NC Department of Environment and Natural Resources Ms. Shawna Riddle NC Department of Environment and Natural Resources Mr. Jonathan Risgaard NC Department of Environment and Natural Resources Mr. Bradley Bennett NC Department of Environment and Natural Resources ENCLOSURE A INFORMATION REQUEST PURSUANT TO CWA § 308 Instructions 1. Identify the person(s) responding to the Information Request. 2. Provide a separate narrative response to each and every question and subpart of a question set forth in this Information Request. 3. Precede each answer with the text and the number of the question and its subpart to which the answer corresponds. 4. All documents submitted must contain a notation indicating the question and subpart of the question to which they are responsive. 5. In answering each Information Request Question and subpart thereto, identify all documents and persons consulted, examined, or referred to in the preparation of each response and provide true and accurate copies of all such documents. 6. If information not known or not available to you as of the date of submission of a response to this Information Request should later become known or available to you, you must supplement your response to the EPA. Moreover, should you find at any time after the submission of its response that any portion of the submitted information is false or misrepresents the truth; you must notify the EPA thereof as soon as possible. 7. Where specific information has not been memorialized in a document, but is nonetheless responsive to a Request, you must respond to the Request with a written response. 8. If information responsive to this Information Request is not in your possession, custody or control, then identify, if known, the person from whom such information may be obtained. 9. If you have reason to believe that there may be persons able to provide a more detailed or complete response to any Information Request or who may be able to provide additional responsive documents, identify such persons and the additional information or documents that they may have. 10. Information shall be provided for all companies, all subsidiaries, or other corporate affiliates under common control that also participate in the ownership or operation of a Facility. Thus, the response to each question concerning the company's activities should reflect information regarding each and every such entity. 11. All documents should be provided in an electronic format using the following, as appropriate: MS Word, MS Excel, MS Access, Geographic Information System (GIS) data, Adobe Acrobat PDF format, or images in JPEG format. The data shall be accumulated and organized into a clearly labeled and annotated format. Definitions 1. The term "Document" includes any writings, drawings, graphs, charters, photographs, phone records, field records, operation logs or notes, field round sheets, electronic mail, facsimile, supervisory control, and data acquisition information, and other data compilations from which information can be obtained, translated, if necessary, through detection devices into reasonably useable form. Documents should be produced as they are kept in the usual course of business. 2. All terms not defined herein shall have their ordinary meanings, unless such terms are defined in the Clean Water Act or its implementing regulations, in which case the statutory or regulatory definitions shall control. 3. Words in the masculine may be construed in the feminine if appropriate, and vice versa, and words in the singular may be construed in the plural if appropriate, and vice versa, in the context of a particular question or questions. 4. The terms "And" and "Or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this Information Request any information which might otherwise be construed outside it scope. 5. The term "Identify" means, with respect to a natural person, to set forth the person's name, present or last known business address and business telephone number, present or last known home address and home telephone- number, and present or last known job title, position or business. 6. The term "Identify" means, with respect to a document, to provide its customary business description; its date; its number, if any (invoice or purchase order number); the identity of the author, addressee and/or recipient; and substance of the subject matter. 7. The term "Identify" means, with respect to a corporation, partnership, business trust or other association or business entity (including a sole proprietorship), to set forth its full name, address, legal form (e.g., corporation, partnership, etc.), organization, if any, and a brief description of its business. 8. The term "NPDES" or "NPDES Permit" shall mean National Pollutant Discharge Elimination System permit or any state permit (i.e., NPDES), issued pursuant to the Clean Water Act. 9. The term "NCDENR" shall mean North Carolina Department of Environment and Natural Resources. 10. The term "Discharge" shall mean the addition of any pollutant to waters of the United States, as that term is applied under the Clean Water Act. 11. The term "Facility" shall mean any surface and underground mines, processing and preparation plants, transportation facilities, and all associated operations owned or operated by You and operating under NPDES Permits NC0000400 and NCG020274. 12. The term "You" and "Your" shall mean The Quartz Corporation and any parent corporation, subsidiary or affiliate of Your Company, or other entity under common control, that also participates in the ownership or operation of a Facility. Questions l . Specify the full legal name of Your Company, describe its legal form (corporation, partnership, etc.) and state of incorporation if applicable. Please identify any parent corporation, subsidiary or affiliate of Your Company, or other entity, that participates in the ownership or operation of a Facility. With respect to any such entity, list its name and address, legal form, and (if applicable) the state of incorporation, the principal place of business and provide the name and mailing address of the registered agent for this facility. 2. Provide a list of all Facilities owned or operated by Your Company in the State of North Carolina, including the name, address, and contact information for each Facility, NPDES permit number, and NCDENR permit number. 3. Provide the following information for NC0000400 and NCG020274: a. the NPDES permit, the application, and all supporting application documents; and b. all effluent and in -stream monitoring information conducted during the last 3 years including discharge monitoring reports and whole effluent toxicity results; and c. the location (latitude and longitude) of the upstream and downstream sampling points. 4. Provide the following information for NC0000400: a. a description of all products produced at the facility, a description of the treatment processes, a list of chemicals used in each treatment process, the mass and concentrations of each chemical used in each treatment process, and the influent and effluent flow rates (maximum and average) for each product produced; and b. all water withdrawal records including the water withdrawal permit for the last 3 years. 5. Provide the following information for NCG020274: a. all correspondence between Your Company and NCDENR regarding representative outfall sampling for the last 3 years; and b. all correspondence and documents between Your company and NCDENR regarding the unpermitted fill; and c. all required elements of the Stormwater Pollution Prevention Plan (SPPP) in accordance with Part III Section A of the permit for the last 3 years; 2 and d. all required analytical monitoring in accordance with Part III section B of the permit for the last 3 years; and e. all required on -site vehicle maintenance monitoring requirements in accordance with Part III 2 If a SPPP was not developed, provide a detailed explanation of your reason(s) for not developing a SPPP. 4 section C of the permit for the last 3 years; and f. all required qualitative monitoring requirements in accordance with Part III section D of the permit for the last 3 years; and g. all required wastewater information in accordance with Part III section E of the permit for the last 3 years. AV ENCLOSURE B RIGHT TO ASSERT BUSINESS CONFIDENTIALITY CLAIMS Except for effluent and biological data, you may, if you desire, assert a business confidentiality claim as to any or all of the information that EPA is requesting from you. The EPA regulation relating to business confidentiality claims is found at 40 Code of Federal Regulations (CFR) Part 2.40 CFR § 2.203(b) states that "A business which is submitting information to EPA may assert a business confidentiality claim covering the information by placing on (or attaching to) the information, at the time it is submitted to EPA, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as "trade secret," "proprietary," or "company confidential." Allegedly confidential portions of otherwise non -confidential documents should be clearly identified by the business, and may be submitted separately to facilitate identification and handling by EPA. If the business desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state." If you assert such a claim for the requested information, the EPA will only disclose the information to the extent and under the procedures set out in the cited regulations. If no business confidentiality claim accompanies the information, the EPA may make the information available to the public without any further notice to you. 1 Ja��ED STq�s UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 o ATLANTA FEDERAL CENTER Z;F 61 FORSYTH STREET q4 PR ATLANTA, GEORGIA 30303-8960 APR 2 3 2015 CERTIFIED MAIL 7010 1060 0002 1703 8464 RETURN RECEIPT REQUESTED Mr. John Walker The Quartz Corporation 100 Mansell Court East, Suite 300 Roswell, Georgia 30076-4860 Re: Clean Water Act § 308 Information Request National Pollutant Discharge Elimination System Permit Nos: NC0000353 and NCG020818 Dear Mr. Walker: On March 31, 2015, the U.S. Environmental Protection Agency Region 4 conducted compliance evaluation inspections at the facilities covered by the above referenced National Pollutant Discharge Elimination System (NPDES) permits. In order to further evaluate if the facilities are complying with the terms and conditions of the Clean Water Act (CWA) and the NPDES permit, the EPA is requesting that The Quartz Corporation provide the information described in Enclosure A, pursuant to CWA § 308, 33 United States Code (USC) § 1318. Failure to provide a frill and complete response to this information request or to adequately justify a failure to respond within the time frame specified above may result in an EPA enforcement action pursuant to federal law, including, but not limited to CWA § 309, 33 USC § 1319, and 18 USC § 1001. In accordance with 40 Code of Federal Regulations § 122.22, your response to this information request must be accompanied by a certification.' The response should be provided within 30 days of receipt of this letter and should be submitted to: Mr. Kip Tyler U.S. EPA Region 4. Water Protection Division NPDES Permitting and Enforcement Branch Atlanta Federal Center, 61 Forsyth Street. SW Atlanta, Georgia 30303-8960 The Quartz Corporation shall preserve until further notice all records (either written or electronic) that exist at the time of receipt of this letter that relate to any of the matters set forth in this letter. The term "records" shall be interpreted in the broadest sense to include information of every sort. The response to this Information Request shall include assurance that these record protection provisions were put in place, as required. ' Your response to this information request must be signed by a responsible company official and must include the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system. or those persons directly responsiblc for gathering the information. I certify that the information submitted is. to the best of my knowledge and belief. true. accurate and complete. I am aware that there are significant penalties for submitting false information. including the possibility of fine and imprisonment for knowing violations." Internet Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer) If The Quartz Corporation believes that any of the requested information constitutes confidential business information, it may assert a confidentiality claim with respect to such information except for effluent data. Further details, including how to make a business confidentiality claim, are found in Enclosure B. Also enclosed is a document entitled U.S. EPA Small Business Resources -Information Sheet to assist The Quartz Corporation in understanding the compliance assistance resources available to you. Any decision to seek compliance assistance at this time, however, does not relieve The Quartz Corporation of its obligation to the EPA nor does it create any new rights or defenses and will not affect the EPA's decision to pursue enforcement action. In addition, the Securities and Exchange Commission (SEC) requires its registrants to periodically disclose environmental legal proceedings in statements filed with the SEC. To assist The Quartz Corporation, the EPA has also enclosed a document entitled Notice of Securities and Exchange Commission Registrants' Duty to Disclose Environmental Legal Proceedings. If you have any questions, please contact Mr. Tyler at (404) 562-9294 or via email at tyler.kip@epa.gov. Sincerely, Denisse D. Diaz, Chief NPDES Permitting and Enforcement Branch Water Protection Division Enclosures cc: Ms. Linda Wiggs NC Department of Environment and Natural Resources Ms. Shawna Riddle NC Department of Environment and Natural Resources Mr. Jonathan Risgaard NC Department of Environment and Natural Resources Mr. Bradley Bennett NC Department of Environment and Natural Resources ENCLOSURE A INFORMATION REQUEST PURSUANT TO CWA § 308 Instructions 1. Identify the person(s) responding to the Information Request. 2. Provide a separate narrative response to each and every question and subpart of a question set forth in this Information Request. 3. Precede each answer with the text and the number of the question and its subpart to which the answer corresponds. 4. All documents submitted must contain a notation indicating the question and subpart of the question to which they are responsive. 5. In answering each Information Request Question and subpart thereto, identify all documents and persons consulted, examined, or referred to in the preparation of each response and provide true and accurate copies of all such documents. 6. If information not known or not available to you as of the date of submission of a response to this Information Request should later become known or available to you, you must supplement your response to the EPA. Moreover, should you find at any time after the submission of its response that any portion of the submitted information is false or misrepresents the truth; you must notify the EPA thereof as soon as possible. 7. Where specific information has not been memorialized in a document, but is nonetheless responsive to a Request, you must respond to the Request with a written response. 8. If information responsive to this Information Request is not in your possession, custody or control, then identify, if known, the person from whom such information may be obtained. 9. If you have reason to believe that there may be persons able to provide a more detailed or complete response to any Information Request or who may be able to provide additional responsive documents, identify such persons and the additional information or documents that they may have. 10. Information shall be provided for all companies, all subsidiaries, or other corporate affiliates under common control that also participate in the ownership or operation of a Facility. Thus, the response to each question concerning the company's activities should reflect information regarding each and every such entity. 11. All documents should be provided in an electronic format using the following, as appropriate: MS Word, MS Excel, MS Access, Geographic Information System (GIS) data, Adobe Acrobat PDF format, or images in JPEG format. The data shall be accumulated and organized into a clearly labeled and annotated format. Definitions 1. The term "Document" includes any writings, drawings, graphs, charters, photographs, phone records, field records, operation logs or notes, field round sheets, electronic mail, facsimile, supervisory control, and data acquisition information, and other data compilations from which information can be obtained, translated, if necessary, through detection devices into reasonably useable form. Documents should be produced as they are kept in the usual course of business. 2. All terms not defined herein shall have their ordinary meanings, unless such terms are defined in the Clean Water Act or its implementing regulations, in which case the statutory or regulatory definitions shall control. 3. Words in the masculine may be construed in the feminine if appropriate, and vice versa, and words in the singular may be construed in the plural if appropriate, and vice versa, in the context of a particular question or questions. 4. The terms "And" and "Or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this Information Request any information which might otherwise be construed outside it scope. 5. The term "Identify" means, with respect to a natural person, to set forth the person's name, present or last known business address and business telephone number, present or last known home address and home telephone number, and present or last known job title, position or business. 6. The term "Identify" means, with respect to a document, to provide its customary business description; its date; its number, if any (invoice or purchase order number); the identity of the author, addressee and/or recipient; and substance of the subject matter. 7. The term "Identify" means, with respect to a corporation, partnership, business trust or other association or business entity (including a sole proprietorship), to set forth its full name, address, legal form (e.g., corporation, partnership, etc.), organization, if any, and a brief description of its business. 8. The term "NPDES" or "NPDES Permit" shall mean National Pollutant Discharge Elimination System permit or any state permit (i.e., NPDES), issued pursuant to the Clean Water Act. 9. The term "NCDENR" shall mean North Carolina Department of Environment and Natural Resources. 10. The term "Discharge" shall mean the addition of any pollutant to waters of the United States, as that term is applied under the Clean Water Act. 11. The term "Facility" shall mean any surface and underground mines, processing and preparation plants, transportation facilities, and all associated operations owned or operated by You and operating under NPDES Permits NC0000353 and NCG020818. 12. The term "You" and "Your" shall mean The Quartz Corporation and any parent corporation, subsidiary or affiliate of Your Company, or other entity under common control, that also participates in the ownership or operation of a Facility. uestions l . Specify the full legal name of Your Company, describe its legal form (corporation, partnership, etc.) and state of incorporation if applicable. Please identify any parent corporation, subsidiary or affiliate of Your Company, or other entity, that participates in the ownership or operation of a Facility. With respect to any such entity, list its name and address, legal form, and (if applicable) the state of incorporation, the principal place of business and provide the name and mailing address of the registered agent for this facility. 2. Provide a list of all Facilities owned or operated by Your Company in the State of North Carolina, including the name, address, and contact information for each Facility, NPDES permit number, and NCDENR permit number. 3. Provide the following information for NC0000353 and NCG020818: a. the NPDES permit, the application, and all supporting application documents; and b. all effluent and in -stream monitoring information conducted during the last 3 years including discharge monitoring reports and whole effluent toxicity results; and c. the location (latitude and longitude) of the upstream and downstream sampling points. 4. Provide the following information for NC0000353: a. a description of all products produced at the facility, a description of the treatment processes, a list of chemicals used in each treatment process, the mass and concentrations of each chemical used in each treatment process, and the influent and effluent flow rates (maximum and average) for each product produced; and b. all water withdrawal records including the water withdrawal permit for the last 3 years. 5. Provide the following information for NCG020818 for the last 3 years: a. all correspondence between Your Company and NCDENR regarding representative outfall sampling; and b. all required elements of the Stormwater Pollution Prevention Plan (SPPP) in accordance with Part III Section A of the permit; 2 and c. all required analytical monitoring in accordance with Part III section B of the permit; and d. all required on -site vehicle maintenance monitoring requirements in accordance with Part III section C of the permit; and e. all required qualitative monitoring requirements in accordance with Part III section D of the permit; and f. all required wastewater information in accordance with Part III section E of the permit. 2 If a SPPP was not developed, provide a detailed explanation of your reason(s) for not developing a SPPP. ENCLOSURE B RIGHT TO ASSERT BUSINESS CONFIDENTIALITY CLAIMS Except for effluent and biological data, you may, if you desire, assert a business confidentiality claim as to any or all of the information that EPA is requesting from you. The EPA regulation relating to business confidentiality claims is found at 40 Code of Federal Regulations (CFR) Part 2.40 CFR § 2.203(b) states that "A business which is submitting information to EPA may assert a business confidentiality claim covering the information by placing on (or attaching to) the information, at the time it is submitted to EPA, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as "trade secret," "proprietary," or "company confidential." Allegedly confidential portions of otherwise non -confidential documents should be clearly identified by the business, and may be submitted separately to facilitate identification and handling by EPA. If the business desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state." If you assert such a claim for the requested information, the EPA will only disclose the information to the extent and under the procedures set out in the cited regulations. If no business confidentiality claim accompanies the information, the EPA may make the information available to the public without any further notice to you. North Carolina Pat McCrory Governor Gregory Taveras The Quartz Corp, USA PO Box 309 Spruce Pine, NC 28777 Dear Mr. Taveras: NCDEE R Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. John Skvada Director Secretary February 13, 2013 Subject: NPDES General Permit NCG020000 Certificate of Coverage NCG020274 Pine Mountain M&P Mitchell County Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6300. Sincerely, ORIGINAL SIGNED 61 KEN PICKI.I° for Charles Wakild, P.E. cc: Asheville Regional Office Central Files Stormwater Permitting Unit Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 91M07-64941 Customer Service: 1-877-623-6748 Internet: www.nmaterquality.org NoAhCarolina Naturally An Equal Opportunity \ AKrmalive Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020274 STORMWATER AND PROCESS WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by,the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, The Quartz Corp, USA is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated with mine dewatering wastewater and process wastewater from a facility located at Pine Mountain M&P 8342 South 226 Bypass Spruce Pine Asheville County to receiving waters designated as the North Toe River, a class C TR, waters in the French Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective February 13, 2013. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day February 13, 2013. ORIGINAL SIGNED B) KEN PICKI.I° for Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission ADivision of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System NCDENR PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year I Month I Da I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C I S 10 N I C I G 10 12 1 0 12 17 14 II. Permit status prior to requested change. a. Permit issued to (company. name): THE FELDSPAR CORPORATION b. Person legally responsible for permit: GREGORY TAVERAS c. Facility name (discharge): d. Facility address: First MI Last OPERATIONS DIRECTOR Title P.O. BOX 309 Permit Holder Mailing Address SPRUCE PINE NC 28777 City State Zip (828) 765-8956 (828)765-6304 Phone Fax PINE MOUNTAIN M&P 8342 SOUTH 226 BYPASS Address SPRUCE PINE NC 28777 City State Zip e. Facility contact person: PEGGY DORTCH ( 828 ) 765-8956 First / MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility ® Name change of the facility or owner If other please explain: b. Permit issued to (company name): THE QUARTZ CORP., USA c. Person legally responsible for permit: GREGORY TAVERAS First MI Last OPERATIONS DIRECTOR Title P.O. BOX 309 Permit Holder Mailing Address SPRUCE PINE NC 28777 City State Zip (828) 765-8956 x7012 Phone E-mail Address d. Facility name (discharge): PINE MOUNTAIN M&P e. Facility address: 8342 SOUTH 226 BYPASS Address SPRUCE PINE NC 28777 ^� City State Zip f. Facility p V GLENN YOUNG First MI Last FEg M�.� 0 1 2013 (828 ) 765-9621 X7025 Phone E-mail Address Revised 2012Apr23 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 W. Permit contact information (if different from the person legally responsible for the permit) Permit contact: PEGGY A DORTCH First MI Last ENVIRONMENTAL MANAGER Title P.O. BOX 309 Mailing Address SPRUCE PINE NC 28777 City State Zip (828 )765-8956 peggy.dortch®thequartzcorp.com Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? F Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: 0 This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. ...................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date APPLICANT CERTIFICATION 1, GREG attest that this lication for a name/ownership change has been reviewed and is accurate and complete to the best y knowledge. I understand that if all required parts of this application are not completed and that 1 requ' supporting information is not included, this application package will be returned as incomp e. /bg/�s Si anve Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 7/2008 86MOOPMOZO :pl ;uewnaoa ams jo SjB;a.xaas Z I oZ `jaquzaaaQ 3o Agp uU£ I S `>:I2tan joTD auk Tg IBas Igtoujo AM paxUP pug pueq xm ;as ojunazau angu I `30MH/A SSA Ul& Au 'Z i oZ `jogtuaaaQ jo Sep cp£ t atp uo aaujo sit ui pain suns uanim jo isuisuo alb NOI.LVHoduoa 2IvdS4i'Ia3 I-x t OINI NOisVxOdxOD HVdSQrlaJ axs 140 U519UMN 30 S519DIJLHV jo Xdoo anal u as of pauo7a:ne olalau pus gu moiloj aTp Xjl4joo Xgaiaq :s�ui;aa r0 'auroa llvgs smasud asap; urogA& lie os a�VJS jo X-lujax;)aS aus jo luatuvvda([ VNIrIOHVD. H 'HOK C201234802198 ,• SOSiD: 0073741 Date Filed:12/13/2012 4:39:00 PM Effective: 12/31/2012 Elaine F. Marshall North Carolina Secretary of State C201234802198 ARTICLES OF MERGER OF THE FELDSPAR CORPORATION (a North Carolina corporation) WITH AND INTO K-T FELDSPAR CORPORATION (a North Carolina corporation) Pursuant to Section 55-11-05 of the North Carolina Business Corporation Act, K T Feldspar Corporation, a North Carolina corporation, as the surviving corporation, hereby submits the following Articles of Merger. 1. The name of the merging corporation is The Feldspar Corporation, a corporation organized under the laws of the State of North Carolina. 2. The name of the surviving corporation is K-T Feldspar Corporation, a corporation organized under the laws of the State of North Carolina, 3. An Agreement and Plan of Merger has been approved by each merging corporation in the manner required by law. 4. These Articles of Merger and the merger contemplated hereby shall be effective at 11:58 p.m. local time on December 31, 2012. [Signature on following page] LBOALo2/334955170 £�11 SS6ti££/a0'11�iJ�'t -Z- AMa.ToaS pus soopowy -- lasunoZ) p3. moo Ainda(IuapFsa.rd aocA . aPBg--guasn NOIIV'doduoo 2IHdS(i'Id3 .L-?I 'ZIor �agmaaaQ 3o Aup 7sm step aaoWo pazuoq;ne Ainp s Aq painom aq of joB.ToW jo mvoVWaZ) sup pasnso ssq uoiTmodxoZ).isdspja3 .L-?I `3OSXgHM SSgN.LIM NU 96TZ08P£zIoz:) . SSZOMZ60Zo :pl;uownooa a;ens 3o S.1810jaas Z I OZ `jaatuaoo(j jo ABp Ip£ I sup 4q2ia 3o !0 alp W teas lvioBjo Ara poxUp pue pueq Atu jas o}una oq aneq I'donEMssaIum m 'Z I OZ `jaquzaoa(j jo Aup ul£ I oxp uo aoUjo s ux paw slaw, gozgnn jo pui2o aq - Vsn. dmoa Zjudvab HH,L OZ 3HVN SZI Gaf)NVHa HOMM KOIZVHOd?IOa HVJSQ'Ia3 .L-X Vsn dxOa ZjLuvna HHs do waf)u2 nr dO sazaLLw jo Adoo ong v oq, of pogoun oploq pug gumoijoj atp .4u�ao �aaaaq Quo-LnmT�1-!_[r _ trr�i�TTc,.rv�r.T ..,r ,--r. �w .�, — c_ :s-3ui;aaJ0 'atuoa ll8gs s;uasa xd asagl urogns lie oZ �~h OWL JO luatuinda(l vNiriouva HJLIION a_ i i w SOSID: 0073741 Date Filed:1VI312012 4:45:00 PM Effective: 12/31/2011 Elaine F. Marshall North Carolina Secretary of State C201234802199 ARTICLES OF MERGER OF THE QUARTZ CORP USA (Parent Corporation) WITH AND INTO K-T FELDSPAR CORPORATION (Subsidiary Corporation) KCIiA1.MS& W 10GGUVii JJ-11-VJ W Wro 11VIMI %aU&V1111t2 &JuvuaGas vviyumuvu rLut, K-T Feldspar Corporation, a North Carolina corporation, as the surviving corporation, hereby submits the following Articles of Merger. 1. The name of the merging corporation is The Quartz Corp USA, a corporation organized under the laws of the State of Delaware. 2. The name of the surviving corporation is K-T Feldspar Corporation, a corporation organized under the laws of the State of North Carolina. 3. An Agreement and Plan of Merger has been approved by each merging corporation in the manner required by law. 4. The Agreement and Plan of Merger provides that the surviving corporation will amend its Articles of incorporation to change the name of the surviving corporation to "The Quartz Corp USA" 5. These Articles of Merger and the merger contemplated hereby shall be effective at 11:59 p.m. local time on December 31, 2012. [Signature on following page) LEGAL02/3349130M £A80£LO££!ZO'[voal ~Z- AmaiaaS pule seauauIV — a�ijap� •g �sn ��V r •fig MOIzV)I0"00'HVaSaz33 k*X •ZIOZ ` sagme*ea jo Avp TTM s aao o pazuoq;nB Alnp B Aq pmna'axa aq of ia8x2yq jo aIBaU4.10C) sM pasn8o saq UORI VIodToD MdsplaA .L•x `10MIHM SS31v.LIM M \o��F W ATF9oG Beverly Eaves Perdue, Governor y Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources O 'C Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FORM I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C 10 10 1 77=771 IN I C I G 1 0 1 2 0 2 7 4 II. Permit status prior to requested change. a. Permit issued to (company name): K-T Feldspar Corporation b. Person legally responsible for permit: Gregory Taverns First MI Last Operations Manager Title 8342 South 226 Bypass, P.O. Box 309 Permit Holder Mailing Address Spruce Pine NC 28777 City State Zip (828)765-9621 (828)765-6304 Phone Fax c. Facility name (discharge): Pine Mountain M&P d. Facility address: Hwy 226 North Address Spruce Pine NC 28777 City State Zip e. Facility contact person: Greg Taveras (828) 765-9621 First / MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: X Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: Change Owner from Imerys USA, Inc to The Quartz Corp USA b. Permit issued to (company name): K-T Feldspar Corporation c. Person legally responsible for permit: Gregory Taverns In I 71m� P 0 4 2011 1FMA� I i POINT L'P.ANCH d. Facility name (discharge): e. Facility address: f. Facility contact person: First MI Last US Operations Director Title 8342 South 226 Bypass, P.O. Box 309 Permit Holder Mailing Address Spruce Pine NC 28777 City State Zip (828) 765-9621 Greg.taveras@thequartzcorp.com Phone E-mail Address Pine Mountain M&P Hwv 226 North Address Spruce Pine NC 28777 City State Zip Todd Mickleborough First MI Last (828) 765-5500 Stodd.mickleborough@thequartzcorp.com Phone E-mail Address Revised 8/2008 PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Peggy A Dortch First MI Last Environmental Manager Title P.O. Box 309 Mailing Address Spruce Pine NC 28777 City State Zip (828) 765-8956 Peggy.dortch(a),thequartzcorp.com Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? X Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: X This completed application is required for both name change and/or ownership change requests. X Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. ..................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, Gregory TaverK est that this application for a name/ownership change has been reviewed and is accurate and complete to st of knowledge. I understand that if all required parts of this application are not completed and tll r uired supporting information is not included, this application package will be returned as inc. % Date I, Gregory Taveras, attes at this application for a name/ownership change has been reviewed and is accurate and complete to the be of my knowledge. I understand that if all required parts of this application are not completed and that i requi? supporting information is not included, this application package will be returned as incomo e% Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 712008 THEIWQUARTZ'- CORP Spruce Pine Operations The Feldspar Corporation & K-T Feldspar Corporation DELEGATION OF AUTHORITY April 1, 2011 Signature Authorization For National Pollutant Discharge Elimination System (NPDES) Discharge Monitoring Reports (DMR's), Permit Applications And Related Documents; For All Mine Permit Applications and Related Documents, And All Other Permits and Licenses Associated With Spruce Pine Feldspar Operations Whereas our NPDES permits, Radioactive Materials Licenses and our Land Quality permit requirements have become more involved, and to better manage these requirements, as of the signature date below, the following employees, or employees who may subsequently hold the same positions, are authorized agents of the principle executive officer to sign the NPDES and Land Quality mine permit renewal and modification applications and related documents. Employees registered as the Operator in Responsible Charge (ORC) pursuant to North Carolina State Regulations (15a NCAC 8g) are specifically authorized by rule to sign NPDES Discharge Monitoring Reports (DMR's). This delegation of authority applies to The Feldspar Corporation and K-T Feldspar Corporation miningand nd pro duction operations in and. related to Spruce Pine, NC. Permit Authority for in sponsible C ORC Authority Greg Taveras — U.S. Operations Manager Eddie Duncan — ORC for KT Feldspar S. Todd Mickleborough —Mining Engineer, Spruce Danny Thomas — Backup ORC for KT Feldspar Pine Operations Glenn Young — Feldspar Production Manager, K-T Tim Calloway — ORC for The Feldspar Corporation Feldspar Jerry Prosser — Feldspar Production Manager, The Joe Pittman — Backup ORC for The Feldspar Feldspar Corporation Corporation Peggv Dortch — Environmental Manager, Spruce Pine Operations Jeff Stoll — Health & Safety Manager RSO Authority for KT Feldspar and The Feldspar Cor oratio 4•i'il Date Datd STOCK.PURCHASE AGENT THIS STOCK PURCHASE AGREEMENT (thus "Agreement! ) is dated as of March 3 i. 2011, by and between Imerys USA, Inc., a Delaware corporation ("Seller"), and The Quartz Corp USA, a Delaware corporation ("Purchaser"). WHEREAS, Seller and Mircal S.A. ("1VI ) are related entities within the larger Imerys group of companies; WHEREAS, Seller owns 100% of the shares (the "Shares") of both The Feldspar Corporation, a North Carolina corporation ('ITC"), and K-T Feldspar Corporation, a North Carolina corporation ("K-r") (collectively, the "Purchased Entities I both of which are a part of the Imerys quartz business; WHEREAS, Mircal has entered into that certain Master Agent dated December 23, 2010 (the "Master Agreement") with Norsk Mineral A.S. ("Norsk"), pursuant to which (a) Mircal's affiliate hnerys USA, Inc. has agreed to transfer the shares of the Purchased Entities to The Quartz Corp USA, a company owned by The Quartz Corp SAS and (b) Norsk has agreed to transfer the shares of certain subsidiaries to The Quartz Corp SAS; WHEREAS, pursuant to the Master Agreement and, in order to consummate the transactions contemplated thereby, Seller desires to sell to Purchaser, and Purchaser desires to purchase from Seller, the Shares; and WHEREAS, capitalized terms used herein but not otherwise defined herein shall have the meaning ascribed to such terms in the Master Agreement. NOW THEREFORE, pursuant to the Master Agreement and in consideration of the purchase price, mutual agreements set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties -agree as follows: 1. Sale of Shares. (a) Transfer of Shares. Seller agrees to sell, transfer, assign and deliver the Shares to Purchaser on the Closing Date. (b) Consideration. Upon the execution of this Agreement and as the sole and exclusive consideration for the sale of the Shares, Purchaser agrees to pay to Seller $12,000,000.00 for the shares of K-T and $18,000,000.00 for the shares of TFC, for an aggregate purchase price of $30,000,000.00, by wire transfer of immediately available U.S. Dollars on the Closing Date. 2. The Closing. (a) Closing. Date. The purchase and sale of the Shares shall take place on the Closing Date. LEGALOW2"2351v8 (b) Deliveries. 4n the Closing Date, Seller shall deliver to Purchaser, or shall caused to be delivered to Purchaser, the following: (i) original stockcertificates representing the Shares executed for transfer or accompanied by executed stock powers; (ii) all company books, stock transfer records, corporate seals, certificate of incorporation and other corporate and shareholder records (all of which shall be up- to-date) of both of the Purchased Entities; (iii) unconditional resignation letters, effective on the Closing Date, from all the directors of the Purchased Entities; (iv) evidence with regard to the transactions contemplated by the Master Agreement that, in accordance with applicable labor laws, all required consultation Procedures have been duly carried out at the local level; (v) a list of all bank accounts and names of all persons having signature authority over any such account and a list of the names of each person or entity holding a proxy, general or special power of attorney, or other similar instrument from the Purchased Entities; and (vi) an assignment document assigning the Imerys Excluded Quartz Assets and Liabilities from the Purchased Entities to Seller. (c) Excluded Assets and Liabilities. Pursuant to the Master Agreement, Seller shall not sell and Purchaser shall not purchase or acquire and Purchaser shall not assume or become liable for any assets or liabilities, as the case may be, contained in the fraMs Excluded Quartz Assets and Liabilities. 3. R_ ue resentations and Warranties. (a) By Seller. Seller hereby represents and warrants to Purchaser as follows: 0) Seller is the record and beneficial owner of the Shares. The Shares represent 100% of the outstanding capital stock of the Purchased Entities, and represent all of Seller's right, title and interest in the Purchased Entities. Seller has good and marketable title to the Shares and the absolute right to transfer the Shares to Purchaser and such Shares, upon transfer to Purchaser, will be free and clear of all claims, liens, pledges, restrictions or encumbrances of any nature whatsoever. 0i) Seller has the power and authority to execute and deliver this Agreement and to consummate the transactions contemplated by this Agreement; and this Agreement is valid and binding upon and enforceable against Seller in accordance with its terms. LF.GAM32"2357v8 2 follows: (b) $y„_Purchaser. Purchaser hereby represents and warrants to Seller as (i) Purchaser has the power and authority to execute and deliver this Agreement and to consummate the transactions contemplated by this Agreement; and this Agreement is valid and binding upon and enforceable against Purchaser in accordance with its terms. (ii) Purchaser is acquiring the Shares for its own account, with the intention of holding the Shares for investment and with no present intention of dividing or allowing others to participate in this investment or of reselling or otherwise participating, directly or indirectly, in a distribution of the Shares; and it will not make any We., transfer or other disposition of the Shares without registration under the Securities Act of 1933, as amended (the "Securities Act"), and any state securities laws unless an exemption from registration is available under the Securities Act and any state securities- laws. 4. Good Faith Efforts; Further Assurances; Coo ration. Seller and Purchaser shall in hood faith undertake to perform their obligations in this Agreement and cause the transactions contemplated in this Agreement to be carried out promptly in accordance with the terms of this Agreement. Upon the execution of this Agreement and thereafter, each party shall promptly execute such documents and other instruments and take such further actions as may be reasonably requested by the other party in order more effectively to consummate or to document the transactions contemplated by this Agreement. 5. Miscellaneous. (a) Effective Date. Notwithstanding the date first above written, Mircal and Norsk have agreed, pursuant to Section 3.1 of the Master Agreement, that for accounting and financial purposes, the transactions contemplated by this Agreement shall be deemed to be effective as of January 1, 2011. (b) Master Agreement. Nothing contained in this Agreement shall be deemed to supersede, diminish, enlarge on or modify any provision or any obligations, agreements, covenants or representations and warranties of Mircal or Norsk contained in the Master Agreement (all of which survive the execution and delivery of this Agreement as provided, and subject to the limitations set forth, in the Master Agreement). If any conflict. exists between the terms of this Agreement and the Master Agreement, then the terms of the Master Agreement shall govern and control. (c) Survival, All the covenants, provisions, agreements, representations and warranties provided by this Agreement shall survive the execution and delivery of this Agreement and all of the transactions contemplated hereby. (d) As—signment. This Agreement may not be assigned or delegated by any party without the prior written consent of the other. -3- LEGALM2442357v8 3,MLS£Zt►b"c,£rWj V9TT fagvd Suimo1lof uo sa mvukiS j •MdJa;unoo ausgs aq; of sauon u'Ys iou am sopsed OW IF 104 ou sazugd atp He uo Butpulq `;uau mAV aunts atp pun ouo ain;.gsuoo HM sUndia;unoo Bons le pug `Iuu!guo uE aq Bugs ggWm 3o gaea 'suedba;unoo jo tagtunu due ut pa noaxa aq Am ;uatuaafay stgZ •sun aluno�) ui uor;noax.q (2) •suRtsse pue siossaoons poupmod annoadsaa .not{; pun o;aioq soTwd aq; jo ;Uaaag atp o; arnu! pun aodn 02urpuxq aq Begs ;uatuaaaV st • , ol=jjg suiptng (j) 'spa;;vm Bans 01;aads2l q;p& "11a1411m io Imo `;uouxaa199 so Rut pue;siapun x01.14 fug sapastadns pug ;uatuaaad s� ur quoi los srimuic otp o; loodsm ip!m sowed atp jo tumaaae mwo aq; sa;�unsuoo 3uai&aliv Sam -luatuaamv anqua (a) 8ALS£Zftj-.E ZO WDM ' d A g VSfl dio �zmnjb au.T. EM 3ilq •anogE aaUuns islg a -Pp aqi jo se painom ag 03 1uMaa V asega 3[ao3S sp p pasnzo oAuq somed oqi 1303UMIM SSaN,I. A4 i�II Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 7, 2005 Dennis M Buchanan K-T Feldspar Corporation PO Box 309 Spruce Pine, NC 28777 Subject: NPDES Stormwater Permit Coverage Renewal K-T Feldspar Corp -Pine Mount M&P COC Number NCG020274 Mitchell County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG020000 the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. Please review the new permit to familiarize yourself with the changes in the reissued permit. The general permit authorizes discharges of stormwater and some types of wastewater. You must meet the provisions of the permit for the types of discharges present at your facility. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: • A new Certificate of Coverage • A copy of General Stormwater Permit NCG020000 • A copy of a Technical Bulletin for the general permit • Five copies of Discharge Monitoring Report (DMR) Forms - wastewater and stormwater • Five copies of Qualitative Monitoring Report Form Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Bethany Georgoulias of the Central Office Stormwater Permitting Unit at (919) 733-5083, ext.529. Sincerely, for Alan W. Klimek, P.E. cc: Central Files Stormwater & General Permits Unit Files Asheville Regional Office °cCarolina AaWrally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.uslsulstormwater.html 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020274 STORMWATER AND PROCESS WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, K-T Feldspar Corporation is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated with mine dewatering wastewater and process wastewater from a facility located at K-T Feldspar Corp -Pine Mount M&P Hwy. 226 North Spruce Pine Mitchell County to receiving waters designated as the North Toe River, a class C TR stream in the French Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective February 7, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day February 7, 2005 for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director December 17, 1999 DENNIS M. BUCHANAN K-T FELDSPAR CORP. - PINE MOUNTAIN MINE & PLANT PO BOX 309 SPRUCE PINE, NC 28777 Dear Permittee: 1•• %MOW NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Reissue - NPDES Stormwater Permit K-T Feldspar Corp. - Pine Mountain Mine & Plant COC Number NCG020274 Mitchell County In response to your renewal application for continued coverage under general permit NCG020000, the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: * A copy of general stormwater permit NCG020000 * Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form * A copy of a Technical Bulletin on this permit which outlines permit components and addresses frequently asked questions * A Certificate of Coverage for your facility * DWQ fee schedule Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law rule, standard, ordinance, order, judgment, or decree. Please note that in 1998 Senate Bill 1366 established changes to the permit fee structure for DWQ permits effective January 1, 1999. This change requires that you pay an annual fee to assure continued coverage under this permit. You will be invoiced for this fee beginning next year. A copy of the current fee schedule is included with this letter. If you have any questions regarding this permit package please contact Tony Evans of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 584 Sincerely, for Kerr T. Stevens Director, Division of Water Quality cc: Central Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIR014NMNT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020274 STORMWATER AND PROCESS WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, K-T FELDSPAR CORP. is hereby authorized to discharge stormwater and to operate or continue operation of treatment systems and discharges associated with mine dewatering and process wastewater from a facility located at K-T FELDSPAR CORP. - PINE MOUNTAIN MINE & PLANT HIGHWAY 226 NORTH SPRUCE PINE MITCHELL COUNTY to receiving waters designated as the North Toe River in the French Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective December 17, 1999. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 17, 1999. B"n for Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission ANTWA , NORTH CAROLINA DIVISION OF WATER QUALITY ��- WATER QUALITY SECTION NCDENR ��STORMWATER AND GENERAL PERMITS UNIT May 3, 1999 1 T• TO: Mr. B. Thomas K-T Feldspar Corporation FROM: Darren England SUBJECT: NOI return Pine Mountain Mine (NCG020274) Mitchell county As per our conversation on Friday, April 30`", I am returning the NOI form and $400.00 check (#034354) that you submitted on behalf of the K-T Feldspar Corporations Pine Mountain Mine. A certificate of coverage (COC) had previously been issued for the mine, therefore a new NOI was not required at this time. Enclosed you will find copies of the COC's for the Pine Mountain Mine and the Buna Mine. If you have any questions, please contact me at 919-733-5083, ext. 545 Late of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 26, 1994 Mr. Dennis M. Buchanan K-T Feldspar Corporation P.O. Box 309 Spruce Pine, NC 28777 A�� �EHNR Subject: General Permit No. NCG020000 K-T Feldspar Corporation COC NCG020274 Mitchell County Dear Mr. Buchanan: In accordance with your application for discharge permit received on July 6, 1994, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management. The Division of Environmental Management may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Steve Ulmer at telephone number 919/733- 5083. Sincerely, ,na, Sior..ed By Gngeen Ws6i"s Cb A. Preston Howard, Jr., P. E. cc: Asheville Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO, NCG020000 -CER-TTFUCATE OF COVERAGE NO, NCG020274 STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, K-T Feldspar Corporation is hereby authorized to operate or continue operation of a treatment system for mine dewatering and/or recycle systems process wastewater overflow with the discharges of treated wastewater and discharge stormwater from a facility located at K-T Feldspar Corporation (Pine Mountain Mine) NC Highway 226 North Spruce Pine Mitchell County to receiving waters designated as North Toe River in the French Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, III and IV of General Permit No. NCGO20000 as attached This Certificate of Coverage shall become effective August 26,1994. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 26, 1994. rA ��aleer. - A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission _ � pa aou eytlt� uleyuno 1e4.� a��t^✓ateyo�:c '. �- ;' �- yn' ayrr I u e4unoW Auld 1 I 1 APvPCZ A a_ I , 1 „•Ilia IS5 via,-a-j L L!cc 3 I , ea 31tla NOt1VWdx3 W 2J 2LS SSVIO MvH3sIa tsvio iNVU1S Wd3sjS ONIA13338 3an11r3N01 Cz7 So � g ' 3an11iM NlSVS 8nS VI N MOIJ NSa ,t9:,. k # dtlW Z a a o `'� ItiAl. ' . S3adN )aNn00