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HomeMy WebLinkAboutNCG020818_PERMIT FILE - HISTORICAL_20161018Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY October 18, 2016 Gregory Taveras The Quartz Corp USA P.O. Box 309 Spruce Pine, NC 28777 PAT MCCRORY Governor DONALD R. VAN DER VAART secretary TRACY DAVIS Direrlor Subject: General Permit No. NCG020000 The Quartz Corp USA —Altapass Mine & Plant COC NCG020818 Mitchell County Dear Mr. Taveras: We received a request to modify the continuous flow measurement requirement (Footnote 7 to Table 7 in the amended COC issued in November 2015) from Mr. Benne Hutson of McGuire Woods on behalf of The Quartz Corp on July 26, 2016. The request asserted that none of the discharge points at the Altapass operation has continuous flow. Consequently, The Quartz Corp is asking NC DEMLR to remove the continuous flow monitoring requirement for this facility. 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 cfs from a precipitation event) in lieu of a continuous flow measurement reading to fulfill the flow monitoring requirement for outfalls currently discharging wastewater under NCG020818 at this operation. 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. 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 NCGO20000 General Permit and EPA's intensified focus on 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. State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St I Raleigb, NC 27699 919 707 9200 T NCG020818 Modification Request October 18, 2016 Page 2 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 NC's 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, �%tK.^" for Tracy 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, NC0000353 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 Resouroas 1612 Mail Service Center 1 512 N. Salisbury St 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 40CFR322.26(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 BPJ Inter . 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 0&G sampling could be DEQ BPJ recommended but not required (per currentpermit). 5 Equipment boneyards X 'refuse sites'in 122.26(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, orrnne 'access roads' In sw definition in f0'a' 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 Ws stormwater with mine pit water as lone 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 WC, 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 muse aquatic toxicity. -excessive. 10 Stormwateronly 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 2B .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, seg. area I 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. 40CFR122.26(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 W W. wastewater; DEQ BPJ 16 Mine pit dewatering, pumped or drained by Including contributions from rainfall and groundwater. X 40CFR436.21, .31, and .41; efforts of the operator i DEQ BPJ default for all mines 17 Mine pLit dewatering, via overflow due only to DEQ 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, aithe° dewatering" includes wet pit overflows; straw wet amemow - 436.41 Industrial sand, same; Guidance for determination of NPDES regulatory status of various discharges on a mine site (Active and Inactive Mines) Feature contributing not Rule or permit citations; to a discharge Conditions and comments sw ww regulated other guidance Crushed Stone treated as stormwater, as Iona as not DEQ BPJ for 436.21 Crushed stone cam aLgilkd 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 not "pumped, drained, or otherwise removed where stormwater inside a mine is not from the mine through the efforts of the mine intentionally routed outof the mine by operator." But often mine excavation area drainage operator efforts. will be wastewater per 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'40CFRL22.2 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 construction intended to remove/drain subject to effluent limitation guidelines. Also, mines 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 Deemed permitted discharges Subject to NC rule, but not this permit. 2T covers - - - 15A NCAC 21-1.0106(f) discharges to the land surface. 15A 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 day 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 borrow areas (NCS000250); 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 DWR RO Supervisor into loop if observed site conditions suggest the potential far a WQS 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, NC602 permit conditions, DEMLR policy, or DEMLR implementation precedent. Georgoulias, Bethany From: Georgoulias, Bethany Sent: Thursday, October 20, 2016 10:58 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 bethanv. seoreoulias6a ncdenr. eov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: htti)://deg.nc.gov/about/divisions/energy-niineral-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.com] Sent: Friday, September 02, 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_Cont-Flow-Mod- Req uest_26J u 12016. 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 bethanv.¢eor oug lias(d,)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/enerey-mineral-land-resources/stormwater 4 %/'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, Berme 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 bethany.geor o¢ uliasna ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: htto://deg.nc.izov/about/divisions/energy-mineral-land-resources/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: 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 <bradley. bennett@ncdenr.eov>; 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.cieorcioulias(a)ncdenr.gov> To:"stodd.mickleboroughP-theauartzcoru.com" <stodd.mickleboroughC&-thecauartzcom.com>, Cc: "Bennett, Bradley" <bradley.bennettAmcdennnov>, "Riddle, Shawna" <shawna.riddle(ci)_ncdenr.Qov>, "Wiggs, Linda" <Iinda.wiQQSCaDncdenr.QOv> 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 ulias(a 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/Ir/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.' <BHutsonaa,mcggirewoods.com> Cc: Bennett, Bradley <bradley.bennett(&,,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 ft Stormwater Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethany.geor og ulias(cr�,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/stonnwater [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:BHutson(a�mcoirewoods.com] Sent: Tuesday, July 26, 2016 2:14 PM To: Georgoulias, Bethany <bethany.geor og uliasancdenr.gov> Cc: bill.blackmore((,thequartzcorp.com; todd.mickleborough(@,thequartzcorp.com; Case, Charles D. <CCase(a,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 16 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@,,mcgt irewoods.com Bio I VCard I www.mcguirewoods.com This e-mailfrom 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 26Jul2016.pdf' deleted by S. Todd Mickleborough/TheQuartzCorp/IMERYS] McGuireWoods LLP Fifth Third Center 201 North Tryon Street Suite 3000 Charlotte, NC 28202 Tel 704.343.2000 Fax 704.343.2300 www.mcguirewoods.com Benne C. Hutson Direct: 704.343.2060 McGUIREWOODS July 26, 2016 YIA ELECTRONIC AND 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 b h utson o mcgui rewoods.com Fax: 704.343.2300 RECEIVIED Al Jr, 0 4 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 S W-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 on Enclosures cc: Bill Blackmore (w/encls.) Todd Mickleborough (w/encls.) Charles Case (w/encls.) Ln � c cm — o N N CD N C C In — N. v JNIlJARAd ?OIYMIQ3018 Alnvo ONVT• JN30 910Z to JI Id C:3DA1303i�J I i � t l 1 �K �y yr 1 f t �lr S {o { 4 9p 4 `A fir?• ,4. 46P.4 . 7 a +s t p° mM y A r k ` ✓,' `�r lY J ,'t yi4 e,�, ►r : �' a 4Y' n a r?<>,a+ � i �� fir♦ a �� t•.y e! 4 r l� 1 'e r 4' _. �, b :. `.+� n " �}. ,a'�� y I � . • R'a� tiss �{�a .cf r � .. �. III r �i.r tr� A ���.'& 47-•Ri �ei�,,, &Si AL oIA y H 4 ' ` f' � t� I �' h•I Y� '�JT ": � •i• I �l t �� � 'Slt ✓ e y- I 47 .. 1. i) r k S_& North Carolina Department of Environmental Quality Pat McCrory Governor Gregory Taveras The Quartz Corp USA 520 Altapass Road 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—Altapass Mine & Plant COC NCGO20818 .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://Dortal.ncdenr.org/webAr/ 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 l 10% Post Consumer Paper NCGO20818 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) priorto 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) 807-6372. Sincerely, i 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, NC0000353 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 Altapass Mine & Plant 530 Altapass Road 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 TypeZ Sample Location3 Benchmark Settleable Solids ml 1 Quarterly Grab SDO 0.1 ml I Total Suspended Solids mg/1 Quarterly Grab SDO 50 mg/1 Turbidity4 NTU Quarterly Grab SDO, U & D4 10 NTU Aluminum, Total Recoverables mg/1 Quarterly Grab SDO 0.75 mg/1 Copper, Total Recoverable5 MR/1 Quarterly Grab SDO 0.010 mg/1 Lead, Total Recoverable5 m I Quarterly Grab SDO 0.075 mg/1 Nickel, Total Recoverable5 mg/1 Quarterly Grab SDO 0.335 mg/1 Zinc, Total Recoverable5 m I Quarterly Grab SDO 0.126 mg/1 Total Chloride5 mg/1 Quarterly Grab SDO 860 miz- Total Fluorides MR/1 uarterlv Grab SDO 6 m Total Harness as CaCD3 5 mg/1 Quarterly Grab SDO N A Total Rainfa116 inches Quarterly N A Footnotes 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 (2h 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 l COC No. NCG020818 effective November 16, 2015 Table 7 Monitoring Requirements for Wastewater Discharges in Section D - 1., 2., 3., & 4. Discharge Characteristics Units Measurement Fre uenc 1 Sample Type Sample Location3 Receiving `,Waters H2 Standard Quarterlyl Grab E All Total Suspended Solids2, 4 mg/I Quarterlyl Grab E All Turbidity2, 3 NTU QuarterIyl Grab E, U & D3 All Settleable Solids2, 5 ml/1 Quarterlyl Grab E HQW, ORW, 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 mg/1 Quarterlyl Grab E All Nickel, Total Recoverable6 m I Quarterlyl Grab E All Zinc, Total Recoverable6 mg/1 Quarterlyl Grab E All Total Chloride6 I mg/1 Ouarterlyl Grab E All Total Fluoride6 mg/1 Quarterlyl Grab E All Total Harness as CaCO3 6 mg/1 Quarterlyl Grab E All Daily Flow Rate? cis 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. NCG020818 effective November 16, 2015 This Certificate of Coverage shall become effective November 16, 20IS. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day, November 16, 201S. for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission COC No. NCG020818 effective November 16, 201S 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.eeor og ulias(D,ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: htto://Portal.ncdenr.oriz/web/1r/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. Georqoulias, Bethan From: Georgoulias, Bethany Sent: Monday, November 16, 2015 1:58 PM To: jprosser@thequartzcorp.com' Cc: Bennett, Bradley Subject: RE: NPDES Permit Renewal NCG020818 for Mining Operation at Altapass Mine & Plant Attachments: NCG02 Permit Print Package 9 Oct 2015.pdf,, NCG020818_Quartz-Corp_COC.pdf, N CG020818_Qua rtz-Co rp_Coverletter. pdf Importance: High Mr. Prosser: 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 Altapass Mine & Plant. 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 bethanv.aeorgoulias(a)ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://portal.ncdenr.ore/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: 'jprosser@thequartzcorp.com' <jprosser@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 NCG020818 for Mining Operation at Altapass Mine & Plant Importance: High Mr. Prosser, 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 USA 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 oug lias(d,)ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: htto://portal.nedenr.org/web/lr/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. Georgoulias, Bethan From: Georgoulias, Bethany Sent: Monday, November 16, 2015 1:58 PM To: jprosser@thequartzcorp.com' Cc: Bennett, Bradley Subject: RE: NPDES Permit Renewal NCG020818 for Mining Operation at Altapass Mine & Plant Attachments: NCG02 Permit Print Package 9 Oct 2015.pdf, NCG020818_Quartz-Corp_COC.pdf; N CG020818_Quartz-Corp_Coverl ette r. pdf Importance: High Mr. Prosser: 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 Altapass Mine & Plant. 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 bethanxgeor ouliasAncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://portal.ncdenr.org/web/Ir/storTnwater "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: 'jprosser@thequartzcorp.com' <jprosser@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 NCG020818 for Mining Operation at Altapass Mine & Plant Importance: High Mr. Prosser, 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 USA 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.georizouliasAncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: htV://portal.ncdenr.org/web/Ir/stormwater g "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_Coverietter.pdf,- NCG020793_Unimin_COC.pdf, NCG020793_Unimin_Coverletter.pdf, NCG020818 _Quartz-Corp_COC.pdf; NCG020818_Quartz-Corp_Coverietter.pdf Sta n, 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 DEQto 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 bethany. georgoul ias(ancdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: httn://aortal.ncdenr.org/web/Ir/stormwater sopad p�iga oa pasolosyp aq .few pue me-7spjooaa :Zygnd eupoaeo quoN aqj ol;oggns si ssaippe s.tga woa} pue of eouepuodsajaoo pew3 Georgoulias, Bethany From: Georgoulias, Bethany Sent: Wednesday, October 28, 2015 1:30 PM To: jprosser@thequartzcorp.com' Cc: Bennett, Bradley; Wiggs, Linda; Aiken, Stan E; Vinson, Toby Subject: NPDES Permit Renewal NCG020818 for Mining Operation at Altapass Mine & Plant Importance: High S¢¢ '1l tUv Nold2GZ74 -� Ley of SPA �� (Z�o Mr. Prosser, 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 USA 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 uliasCa.ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: htti)://i)ortal.ncdenr.org/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. 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 26.0500 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 PC- -'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.bennett@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. 5. 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 . bel nick(a)ncdenr.gov 512 North Salisbury Street 1617 Mail Service Center Raleigh, NC 27669 PC. 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.aov> Cc: Bennett, Bradley <bradlev.bennett@ncdenr.aov> Subject: RE: NPDES Permit Renewal NCG020274 for Mining Operation at Pine Mountain M&P Sounds good. 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 bethany.eeoraoulias(7a ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: hLtp://vortal.ncdenr.orpJweb/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: Belnick, Tom Sent: Wednesday, November 04, 2015 11:10 AM To: Georgoulias, Bethany<bethanv.georgoulias@ncdenr.gov> Cc: Bennett, Bradley <bradley. ben nett CWncdenr.gov> 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 &ncdenr.gov 512 North Salisbury Street 1617 Mail Service Center Raleigh, NC 27669 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: Tuesday, November 03, 2015 2:39 PM To: Belnick, Tom <tom.belnick@ncdenr.gov> Cc: Bennett, Bradley <bradley. ben nett@ncdenr.gov> 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 bethany.georeoulias@.ncdenn gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://i)ortal.ncdenr.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@theouartzcoro.com> Cc: Bennett, Bradley <bradley. ben nett @ncdenr.gov>; Wiggs, Linda <linda.wiggs@ncdenr.gov>; Aiken, Stan E <stan.aiken@ncdenr.gov>; Vinson, Toby <tobv.vinson@ncdenr.Rov> 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. so sr4 °ate'• UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ,-� REGION 4 ATLANTA FEDERAL CENTER ��.h � �( 61 FORSYTH STREET PROJv ATLANTA, GEORGIA 30303-8960 UP 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 fiuther 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 mining facilities, are described in detail in the enclosed attachment. We recommend the GP contain effluent limits and monitoring fi-equencies 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 § 122.4(a) and (d)), and 40 CFR § 122.44(dxl). 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://www.epa.gDv RecydedlRecycWft - Printed with Vegetable 00 Based Inks an Rued Papal (M'mimum 30% Posimmunwl 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 NCGO20000 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(a)(3). 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 02B.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 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 stormwater 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. J�REO Siq�� UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 o e ATLANTA FEDERAL CENTER Z;F 61 FORSYTH STREET C', vaotE� ATLANTA, GEORGIA 30303-8960 APR 232015 RECEIVED 1 MAY AY 12015 2 2015 CERTIFIED MAIL 7010 1060 0002 1703 8464 RETURN QUALITY RECEIPT REQUESTED 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: 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 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 formation request must be signed by a responsible company official and must include the fullowing certification: -I certifv under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance Leith 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 responsible 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% Postmnsumer) 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 -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.aov. 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. F 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 terns 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 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 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. ' 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. Taverns: WDENR Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. Director February 13, 2013 John Skvarla Secretary Subject: NPDES General Permit NCG020000 Certificate of Coverage NCG020818 Altapass Mine & Plant 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 fmd 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 Eft KEN PICKLE for Charles Wakild. P.E. cc: Asheville Regional Office Central Files Stormwater Permitting Unit Wetlands and Stormwater Branch 1617 Mail Service Center, Ralegh, North Carolina 27699.1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal opportunity 1 Affirmative Action Employer NorthCarolina NawralltY STATE OF NORTH CAROLINA DEPARTMENT OF EIgVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERNHT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020818 STORMWATER 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 from a facility located at Altapass Mine & Plant 530 Altapass Rd 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. for ORIGINAL SIGNED Bl KEN PICKL. Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission ter_ NCDENR I. II. Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year Month Da Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C I S 10 1 1 N I C I G 10 12 0 8 1 8 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: e. Facility contact person: 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 THE FELDSPAR CORPORATION 530 ALTAPASS ROAD Address SPRUCE PINE NC 28777 City State Zip PEGGY DORTCH (828) 765-6956 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): ALTAPASS MINE & PLANT e. Facility address: 530 ALTAPASS ROAD Address SPRUCE PINE NC 28777 City State Zip E Facility contact person: JERRY PROSSER First MI Last (828)765-5500 X 7877 Phone E-mail Address Revised 2012Apr23 NPDES 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@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? 0 Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: 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 CE I 'ICATION I, GREG attest th t (leis application for a name/ownership change has been reviewed and is accurate and complete to tht1l) of my la}Qwledge. I understand that if all required parts of this application are not completed andf all re red supporting information is not included, this application package will be returned asincte. L28 r� 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 866Z081>8 WO :pl;uewncoQ a;g;S jo Snap aas Z I OZ `joqu waQ 3o Arp IpC I su p`qBzalU2i joX4jD alp 18 jugs Ietogjo Aux poxgjv pue pumtl Am las ojuna o,q anVq I ' JOaUR Ak SSH�UD A NJ •Z t oZ `.taquzaoaQ jo Xvp q,£ j ax. uo oogjo sicp ut pajU sjjnn q3,qmjo lvuijjuo a ql MOIsVIOdH03 HVdsarzad i-x Osul NOlsVxOJHOD HVaS(Irl5ta alls 90 ilaf)HZi gO Salal uv jo Moo an.4 v aq of pauou:nr olo lau pu-e Sutnnojioj atp jggjoo Xgaaau :sBuDaaa10 'atuoa I[ugs s;uasaad asatl; motlm Iig oZ NVIS jo X-lulamaS au.L jo luamveda(l VNIrIOHV3. HJLIION 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] LWAL=34955170 -Z- Amaloas pug saauawV — sasunoa 181OU00 Alndaa 'luapisa rd OOTA £�L1 SS6ti££IZ01V'J�'! 1v�ot.L�toaxo� x�asQz�� .t-x 71oZ aagma�aQ jo slap VSM slip .1031Ho pazijoglno Ainp B Aq painom aq of .ragioN jo ago ro osvq lu`30�2�HA SS�Li� II. 851Z08ti£ZTOZD SOMOSMUMO :pl;uewnooa Z I OZ `.tagtuooaQ jo ABp up£ I s `ugialE2i 30 10 atp IV Ins ivioujo AM poxup pure puett Atu Jos oltmazauj OAVq I `3032iEM SSa LUylM M •Z I OZ `aragmooaQ jo Sep ul£ I atp uo ooujo SR.p ut palU Senn qorqm jo o Tau 2 a tp VSa dHo3 zsxVna Hxs oz 31Wu Ssi aaoNTVxD HDIH . uoLLVHodRoD HVaSQzaa s-x VSa dxoa ZIRVaO Hrs do x21ou2m do s21zalluv jo Adoo on 4 v oq of pogoB:4,e MIN puv 2mmolloi aip , jivao Xqo mq i"'� _ MQ r-LCE EEMMaMTrAr - ,Y r, r ► Trvr-rry f-W :sSui;aa.19 'aMoa nvgs s;uasa xd asaq; woge& lite os allglS JO SJula-MaS aqjL jo luatuvedo k\� VNIrIO'HVJ • ;: w SOSID: 0073741 Date Filed:12/13/2012 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) ursuant to Section 55.11-05 of the North Camolina Business u4Mmrauon AL% 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. LEGAUW34973080 [Signature on followingpage] £A80£LIMEM01VOSI •z' Amajoas pue seouawV — aijijom •g uvsn HOiiVxOcrdoo ,dvdsazH3 J: x •zloz ` =agma*aa jo Aup qT— s.p aaoUjo pozpotpn8 Ajnp B Aq pmnoaxo aq of wgx2yq 3o Ba3?va'J sM pasnuo sq uonuiodio0 jo&pja j .L-x `30HUHHM SS3Nl M M Y R � e NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Gnvernnr Director April 27, 2012 Mr. Gregory Taveras, U.S. Operations Director The Feldspar Corporation 530 AltaPass Road P.O. Box 99 Spruce Pine, NC 28777 Subject: General Permit No. NCG020000 The Feldspar Corporation CDC NCG020818 Mitchell County Dear Mr. Taveras: Dee Freeman Secretary In accordance with your application for a discharge permit received on June 7, 2006, 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 Water Quality. The Division of Water Quality 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 Water Quality 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 Bradley Bennett at telephone number (919) 807-6378. Sincerely, for Charles Wakild, P.E. cc: Asheville Regional Office, Surface Water Protection Section Supervisor Central Files Stormwater Permitting Unit Files Wetlands and Stormwater Branch 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 NorthCarohna Location: 512 -8 N. Salisbury St. Rale19-807, North Carolina r 7604 Service: �R�tIfPR���If Phone:: www.ncwate quAX: 919$0764941 Customer Service: 1$77E23�748 Internet: www.ncwateryuality.arg An Equal opportunity 1 Afimaliw Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020818 STORMWATER 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 Feldspar Corporation is hereby authorized to discharge stormwater from a facility located at: The Feldspar Corporation 530 Altapass Road 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, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective April 27, 2012. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day April 27, 2012. fffj�LMA for Charles Wakild, PE., Director Division of Water Quality By the Authority of the Environmental Management Commission uoile:)o-1 A.111!:)el (UIS20 J@Alb peoig qouw3) LO-Eo-j7o :uiseq-qnS ji 'D :Ssel:) weajjs J@A.N aOi q:PON :W2@JjS bUlAl@D@d llaqD4!W :/,qunoD AA,,8E Eo ole :@pn4!5uol N ,.OZ.tS osE :apnl!lel JN '9uld amjft uoije.jod.jo:).jedspla_q 941 086 'TE: T aleDs deal s ­L_ 3 +A\ N STSOZ09:)N Jones, Jennifer From: Wiggs, Linda Sent: Thursday, April 26, 2012 11:33 AM To: Bennett, Bradley; Jones, Jennifer Cc: Cranford, Chuck Subject: RE: NC0000353 / NCG020818/ Attachments: Map.Mine Locations.JPG Hi Jen and Bradley, Go ahead and issue the COC for NCG020818. However, would please add Altapass to the name. It will help immensely in keeping all their mines straight. I don't know how to add that to the name in BIMs. But you can see from the attached photo all the different Feldspar Co riiines in the area, so just calling this one Feldspar does not distinguish it. I have reviewed the plans and any issues they have we will cover with them once they are covered. ARO recommends issuance of NCG020818. Linda Linda Wiggs - Linda.Wiggs@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Link to Division of Water Quality Home Page http://portal.ncdenr.org/web/wp Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Wiggs, Linda Sent: Monday, April 23, 2012 11:14 AM To: Bennett, Bradley; Jones, Jennifer Cc: Cranford, Chuck Subject: NC0000353 / NCG020818/ DLR 61-06 Hi Jen and Bradley, Jen you sent the email below to Chuck regarding this facility. We will definitely want to comment on this NOI, so please do not issue it until you hear from us. Thanks Linda Hi Chuck, We've received an NOI from the Feldspar Corporation in Spruce Pine (Mitchell County) for coverage of their feldspar/mica/quartz mine under NCG02 (Mining SW permit). The site discharges stormwater into the North Toe River (C, Tr). They do have settling basins — I've sent site plans in the mail to you. The NOI and the review sheet are attached. They've had a mining permit from DLR since 2007 — well the latest version was anyway and they have had an individual wastewater permit (NC0000353). This one is one of those permits that you all have asked to submit a stormwater permit, so this permit is for stormwater only. Does the Asheville Regional Office have any concerns about issuing this facility a COC for this general permit? If we don't receive any objections, we'll issue the COC in 30 days. If you are finished with this after I leave, if you can return this to Bradley that would be best. Thanks, Jen Linda Wiggs - Linda.Wiees@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Link to Division of Water Quality Home Page http://Portal.ncdenr.org/web/wci Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. Jones, Jennifer From: Wiggs, Linda Sent: Monday, April 23, 2012 11:14 AM To: Bennett, Bradley; Jones, Jennifer Cc: Cranford, Chuck Subject: NC0000353 ; NCG020818/ DLR 51-06 Hi Jen and Bradley, kk Jen you sent the email below to Chuck regarding this facility. We will definitely w t to commen on this NOI, so please do not issue it until you hear from us. l , V Thanks Linda, Hi Chuck, We've received an NOI from the Feldspar Corporation in Spruce Pine (Mitchell County) for coverage of their feldspar/mica/quartz mine under NCG02 (Mining SW permit). The site discharges stormwater into the North Toe River (C, Tr). They do have settling basins - I've sent site plans in the mail to you. The NOI and the review sheet are attached. They've had a mining permit from DLR since 2007 - well the latest version was anyway and they have had an individual wastewater permit (NC0000353). This one is one of those permits that you all have asked to submit a stormwater permit, so this permit is for stormwater only. Does the Asheville Regional Office have any concerns about issuing this facility a COC for this general permit? If we don't receive any objections, we'll issue the COC in 30 days. If you are finished with this after I leave, if you can return this to Bradley that would be best. Thanks, Jen Linda Wiggs - Linda.Wiees@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Link to Division of Water Quality Home Page http://Portal.ncdenr.org/web/wg Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. Georgoulias, Bethany From: Pickle, Ken Sent: Wednesday, December 30, 2015 4:25 PM To: Georgoulias, Bethany Subject: FW: Altapass review FYI, No Action More old history on the mines in Spruce Pine Ken Pickle Stormwater Program Specialist DEMLR Stormwater Permitting Program Department of Environmental Quality 919 807 6376 office ken. oickle(a ncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury St, Raleigh, NC 27604 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: Monday, August 20, 2012 3:38 PM To: Wiggs, Linda <linda.wiggs@ncdenr.gov> Cc: Pickle, Ken <ken.pickle@ncdenr.gov>; Bennett, Bradley <bradley.bennett@ncdenr.gov> Subject: RE: Altapass review Hi Linda, Thanks for the long chat today on this one today. I hope I was able to help! I wasn't able to track down our SPU copy of NCG020818 (Bradley, is this one with Jen's other files maybe? It was not in our cabinet drawer). I do know this is one that we used to cover stormwater discharges only —given that the site retained their individual WW permit. The key points: Regarding their response to Inspection Summary — Analytical Sampling SDO#5 and SDO#6 -If the tailings are draining water from the process that is then draining to SDO #5, then they are allowing process wastewater discharge through a stormwater outfall, which they are not authorized to do under their NCG020818 permit. That CDC was written for stormwater only (BIMS confirms 100% stormwater), and they would need to modify c7 their general permit coverage. They are not out of line stating that they only need to follow stormwater sampling requirements of NCG02, rather than quarterly wastewater sampling —but, they can't discharge wastewater from any of those outfalls either or else they misrepresented the basis for NCG02 application (stormwater only, no wastewater discharge). Regarding Violation #1— Tailings Tank Area -Not sure what is leaking from that building, but something is causing a constant flow according to the pictures, and it's not stormwater. Unless they have a rain machine in there. I'd just re -state the concern, maybe in more general terms and add the photo dscn2826.jpg. Regarding their response to Inspection Summary —Sample Locations SDO#5 and SDO#6 -1 don't know what provision of the E&SC manual or BMP Manual would tell them about sampling any check dams, but then I'm not intimately familiar with either one of those. It's probably outside of the right context. From an NPDES permit standpoint, they need to sample where the flow most accurately represents the stormwater associated with industrial activity that comes from their site — not after it has commingled with another site, if at all feasible. We talked about how other mine sites figure out ways to do this at check dams if necessary (creating a pool to sample, installing a small pipe, changing rock configuration, etc.). If the discharge is commingled with something else at the point of entry to surface waters, the operator should "back up" the sampling point to where it is practical. It's hardly ever a perfect world, and they need to do the best they can. It's worth reminding them that (1) if there were problems with the other discharge, it could cause problems with their sample results, and (2) stormwater benchmarks are meant as tools to indicate how effective their BMPs are. They are not the same as effluent limits. I won't write up the other stuff we went over —just wanted to hit the highlights for Ken's benefit. Okay, callus if you have any more questions! Bethany Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: hfo://i)ortal.ncdenr.oro/web/wc/ws/su E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wiggs, Linda Sent: Wednesday, August 15, 2012 3:01 PM To: Pickle, Ken; Georgoulias, Bethany Subject: Altapass review Pics 0084, 0095, 0102, 2815, 2826 are all from the tailings tank illicit discharge area which is also their SDO #5 . And yes you will see all kinds of "pipes" coming and going at this facility with suspect origins and endpoints. But don't ask where they are from or where they are going because you are alleging wrong doing and will have to prove why they have to answer for them! Pics 0078, 0080, 0081(Notes), 2820, 2821 are from the tailings storage/handling area which is the comingled SDO #6 outfall with US Gypsum. This handling area is what I would expect them to be sampling quarterly under the NCG020818 as a WW discharge and where she says "Part III Section E.2.B does not apply" under the "Inspection Summary -Analytical Sampling..." and where she says "sampling at the base of check dam is specifically stated as location NOT to sample per NC BMP and ESC manuals" under the "Inspection Summary -Sample Locations...". Most of my mines have to sample from some sort of a rock dam because they all use rock since it is obviously available. If it is too difficult to sample we talk other options like creating a small sampling pool or better yet installing a pipe (perhaps with a skimmer) so you can get a sample. Although in her case a skimmer may not be the best option because of all the scum on the surface (2820),,,which I believe to be another indication of WW residuals. Finally according to their plan sheet, which I do not believe you will find a copy in Raleigh because the one I have was stamped in by central office and then sent here, this area is listed by their Engineer as a "basin/pipe" structure and a drainage area of 10.9 acres. The check dams are totally insufficient. Anyhow, take a peak and we can talk later. I am here today til 5, in the field tomorrow (on Lake Rhodhiss,,,hehe tough job, but someone has to do W), then in the office all day Friday, next week I am in the office Monday and Tuesday, then out in the field Wednesday. Thanks Linda Linda Wiggs - Linda.Wiggs@ncdenr.eov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Link to Division of Water Quality Home Page htto://ao rta I.ncdenr.o rp./web/wa Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. le 01 AMDivision of Water Quality / Surface Water Protection NCDENR National Pollutant Discharge Elimination System lbe,r, UnW,u CEnnrm, 01 EunnOMweM ax0 NmLMLL F[]WnCe! NCG020000 NOTICE OF INTENT FOR AGENCY USE ONLY Date Received Year Month Day Cwificemof Covers c NFC D Check# I Amount %'7o S P rn6t Assigned to s National Pollutant Discharge Elimination System application for coverage under General Permit NCG020000: STORMWATER DISCHARGES associated with activities classified as: SIC (Standard Industrial Classification) Code - 14XX Mineral Mining Industry (except as specified below) The following activities are also included: k• • Active or inactive mining operations (including borrow pits —except for NCDOT borrow pits) that discharge stormwater contaminated with or that has come in contact with, any overburden, raw materi#071 ediate products, finished products, byproducts or waste products located on the site of such operat • Stormwater from vehicle maintenance activities at mining operations; • Overflow from facilities that recycle process wastewater; and/or Mq U • Mine dewatering (wastewater) *"FrL D R 21 are specifically covera The following Stormwater discharges es associated with teat m from coal mining, under metal mining; Permlt`r�s��sgq,;P�U� 9 P g, g, g; grfR • Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt icy operations and/or concrete operations; • Stormwater discharges associated with oil and gas extraction operations; and • Stormwater discharges associated with tourist gem mines • NCDOT borrow pits are covered under NCS000150 The following discharges are covered by covered by NPDES�eneral permit NCG520000Permit NCG520000 instead of NCG020000: • Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand dredging or dipping operations) For new mining sites that require an authorization to construct (ATC) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATC for new wastewater treatment facilities. ATC requests must be submitted at least 90 days prior to construction'. For existing mining sites that require an Authorization to Operate (ATO) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities in place. Construction. modification, or installation of any new treatment components at an existin site requires an ATC. (if the site is already covered by NCG020000, the ATC request may be submitted without an NOI). Some wastewater treatment facilities used to treat or recycle wastewater at mining sites will require an ATC rD for to construction per 15A NCAC 2H .0138. Please seethe NCG020000 General Permit for details about which treatment facilities require an ATC (summarized in Table 1 below). The authorization to construct or continue to operate will be issued at the same time as the Certificate of Coverage (COC) for the NCG02 permit. Design of treatment facilities must comply with requirements of 15A NCAC 2H .0138 & .0139. Construction of wastewater treatment facilities subject to the ATC/ATO requirements in the NCG02 permit at new or existing mining sites requires submission of three (3) sets of plans and specifications signed Page 1 of 9 'As per 15A NCAC 2H .0106 Unless treatment facilities are designed, constructed, and put into operation by employees internal to the company who are qualified to perform such work for their respective companies in accordance with General Statutes, 89C-25 (7), plans and specifications must be signed and sealed by a P.E. SWU-NCG02-NOI Last revised 06107/2010 NCG020000 N.O.I. and sealed by a Professional Engineer (P.E.) or qualified staff2 along with this application. A copy of the design calculations should be included. Please see questions 18 & 19. _ Table 1: Summary of Wastewater Permit Requirements Quarterly Monitoring? Requires AtoC? Mine Dewatering (MD) Yes No Yes No MD Discharges that do not need treatment other than E&SC to meet permit conditions ✓ ✓ MD Discharges that need treatment other than E&SC to meet permit conditions ✓ ✓ Process Wastewater Other Recycle ✓ ✓ Closed Loop Recycle ✓ ✓ Any Other Process W W ✓ ✓ I'e For questions, please contact the DWQ Regional office for your area. (See page 7) (Please print or type) 1) Mailing address of owner/operator (address to which all permit correspondence will be mailed): Owner Name THE FELD5PA(L GD2Pol2_A71D/4 Owner Contact C17KE�&_0K11 1 HVO4"5 Street Address S 30 Fq L--TQ P,45S RD PO ,z30X qq City SPRJ6E PINE State /VC, ZIPCode a8777 Telephone No. ?A 88 7b 5 - 5500 Fax: gal 2_ 71pto- -2/10 E-mail Address r". �-4veras P -Nte Iuetrfze-or-P. e-orn 2) Location of facility producing discharge: Facility Name Facility Contact Street Address City County Telephone No. Contact E-mail THE FELDSPA9L c>ZPb2A1104 &P/2 CE A/ State /✓L ZIP Code c�? 2 77 7 Bag 7J S - B'FSL Fax: B,� 8 71e to -.p / l3 DegOu. deir-k t2441aluA147-core. lcim3 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). i`4w9r ! 9E :tD M S wl__4 4) Latitude 3565q' 19.41 "Al Longitude ge l)3r32-NOV (degrees, minutes, seconds) Page 2 of 9 SW U-NCG02-NOI Last revised 68/2010 NCG020000 N.O.I. Permits: 5) This NPDES Permit Application applies to which of the following: ❑ New or Proposed Facility Date operation is to begin Existing ❑ New Permit not applicable — ATC request only. NPDES Permit Number 6) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: / 4 5 1- 7) Provide a narrative description of the types of minerals mined at this facility: 8) Is this mine an inactive mine site? X No ❑ Yes If yes, do you posses an 'Inactive Renewal' from DLR and notified the DWQ Regional Office or have you certified to the DWQ that the site has been stabilized? ❑ No ❑ Yes 9) Does this facility already have a valid Mining Permit from the Division of Land Resources (DLR)? ❑ No X Yes If No, please indicate the status of the Mining Permit application: If yes, please provide the Mining Permit number: (0 f -L(c . Please also provide a copy of your DLR Mining Permit with this DWQ application. Note: DWO cannot issue a COC for the NCGO20000 General Permit until a Mining Permit is issued or renewed by the Division of Land Resources (DLR). 10) Does this facility have any other NPDES permits? ❑ No Yes If yes, list the permit numbers for all current NPDES permits for this facility: NC 5000353 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 12) Does total area of this mine site include ready -mix and asphalt areas? 19 No ❑ Yes If yes, do they have DWQ stormwater permits (if owned by the same company)? ❑ No ❑ Yes (provide permit number ) If not owned by the same company, who is the owner? 13) Will this mining operation precede development activities at this site? )( No ❑ Yes 14) Is this mine located within one of the 20 Coastal Counties and will it add more than 10,000 ft2 of impervious surface? ,9 No Page 3 of 9 SWU-NCG02-NOI Last revised 6f7/2010 NCG020000 N.O.I. ❑ Yes If yes, you may be required to apply for an additional state stormwater permit. Check with your local Regional Office. See contact information and checklist below. 15) Is this mine located the Neuse, Tar -Pamlico, or Catawba River Basin, or the Randleman or Jordan Water supply Watersheds? b'No ❑ Yes If yes, what size stream buffers are included on site? ft. Please show buffers in site plans. Discharge Points, Receiving Waters & Wetlands: 16) Receiving waters: What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater and/or wastewater discharges end up in? >JOaTM+ T0E R\Y If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). 19 Receiving water classification (if known): ii Tr Note: Discharge of process wastewater to receiving waters classified as WS-II to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NCG020000 cannot be granted. No new discharges of wastewater are permitted in receiving waters classified as WS-1 or freshwater ORW. Wastewater discharges to Saltwater ORW will not be approved under the NCG02 General Permit. 17) If your facility has wastewater discharges and they are to HWQ, PNA waters (Primary Nursery Areas) waters, what is the flow rate? N (See httpiHwww.ncdmf.net/mai)s/FNA maps/index.html, for map) 18) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Onsite: Stormwater: (o Mine dewatering: Q Process Wastewater Overflow: O Otfsite: Stormwater: n Mine dewatering: Q Process Wastewater Overflow: D Discharge points should be clearly marked on the submitted site plan. a) Is your mine dewatering and discharging? (Answer only if you are dewatering) ;-No ❑ Yes If yes, where to? _ Surface Waters and/or Wetlands (on -site or off -site) Other (on -site or off -site) Describe: b) Are you dewatering but not discharging? (Answer only if you are dewatering) )( No ❑ Yes If Yes, please explain how you are dewatering, and where that water will be directed: Page 4of9 SWU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. 19) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands? X No ❑ Yes Note: Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and implement a Pumping Operation and Monitoring (O&M) Plan that has been approved by the Division. For sites that may drain wetlands — approval of a Pumping O&M plan may be required prior to coverage under this genera permit. The Pumping O&M Plan should be submitted to the appropriate Regional Office and must be approved prior to operation. The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. See checklist at end of document. Contact your local Regional Office for questions specific to your mine. 20) If you are dewatering, are there wetlands or surface waters within 400' of the mine pit perimeter? ❑ No ❑ Yes If yes, what distance are they from the mine pit perimeter? 21) Have you been required to obtain a 4041401 Certification permits? �A No ❑ Yes If yes, please briefly describe below (include information such a required mitigation, BMPs, setbacks, and/or O&M plans for on or off -site wetlands or other pertinent information). Attach other sheets as necessary: 22) Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers? ;X No ❑ Yes If yes, please attach to application submission. Stormwater BMPs: 23) Does this facility employ any best management practices for stormwater control? ❑ No XYes If yes, please 24) Does this facility have a Stormwater Pollution Prevention Plan? ❑ No A Yes If yes, when was it implemented? d 0_ 004 - o?DD(p Uncb4, NGDD D D353 25) Will vehicle maintenance activities occur at this facility? Sd No ❑ Yes Page 5 of 9 SWU-NCG02-NOI Last revised 0/7/2010 NCG020000 N.O.I. Wastewater Treatment Facilities: 26) Will mine dewatering discharges occur? (An ATC/ATO is required for wastewater treatment facilities' dewatering discharges where E&SC devices alone will not meet effluent limits and/or protect water quality standards). X No ❑ Yes 27) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unless closed -loop recycle system) )KNo ❑ Yes If yes, answer the following questions for each wastewater treatment system: a. Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should be described in detail, and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. [Use separate sheet(s)] b. Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive Note: Please see our website for a list of evaluated polyacrylamide (PAMS) products for use in North Carolina. C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes 28) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? No ❑ Yes If so, include information to demonstrate protection from flooding. (Minimum design requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H .0219.) Other: 29) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? eg No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? gNo ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? No ❑ Yes d) If you answered yes to questions b. or c., please provide the following iinformattion:- Type(s) of waste: �p l GLa,"L) p 6nW - d f l UTLQ, Gt 0, tarn NtC r ao-!C( Page 6 of 9 SWU-NCG02-NOI Last revised V7/2010 NCG020000 N.O.I. How is material stored: Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor: Vendor address: 30) Are you applying for a mining permit in the same location as a previously permitted mine? No ❑ Yes If yes, specify permit number and name if known: 31) Does your site have an active landfill within the mining permit boundary? ;, No ❑ Yes If yes, specify type: ❑ LCID ❑ Other:. 32) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? See permit text online for secondary containment requirements. ❑ No XYes Final Checklist: This application will be returned as incomplete unless all of the following items have been included and initialed for. Please show that the following required information has been included by initialing in each space below. Fee of $100 made payable to NCDENR Completed application and all supporting documents Copy of the valid approved mining permit (MP) for the facility or indication of MP application status ✓ Copy of a county map or other general location map that shows the mining site and nearest major roads ✓ Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly shows site location in relation to nearby streams, wetlands, and other waters, etc. ✓ 2 copies of large-scale site plan with topographical lines with all ouffalls, applicable buffers and wetlands clearly delineated _✓ A copy of your DLR mining permit PA A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 22 above. N�4 If mine site is in one of the 20 Coastal Counties, • Applicant has checked with the appropriate regional office to verify the need for a Coastal State Stormwater permit. Regional Office Contact: • Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage areas and total drainage area. If the mine is dewatering and near wetlands, or may otherwise impact surface waters or groundwater, include the following and contact your local regional office about a Pumping O&M Plan (see below for contact information). You may be required to provide an approved Pumping O&M plan prior to NCG02 issuance. _2 copies of detailed Full Size Plans delineating areas on the plans and listing acreag (including: wetlands, ditches, well -placements, pits, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas, settling basins, product process (such as screening, stockpiles, waste piles), total drainage area, impervious surface percentages (if state sw programs apply), applicable buffers, and access and/or haul roads). _Well information (design, depths, maintenance) _Physical monitoring for the wetlands areas _Settling pond sizing information, if applicable Page 7 of 9 SWU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. -OR- -Level spreader design, if applicable _Details about dewatering method _Cone of influence calculations _Description of measures to prevent erosion and flooding _Description & information about 401/404 permits that have been obtained _Copy of US Army Corps of Engineers wetland delineations or approved wetland delineation (if applicable) _I have contacted my local regional office about a Pumping O&M Plan. Regional Office Contact: . Date contacted: I will not any impact nearby wetlands, surface waters or groundwater by dewatering. A//14 If an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed, sealed, and dated by a P.E. ATC and ATO requirements in NOG02000 are summarized in Table 1 on Page 2 of this NOI (see the permit text for more details). Plans shall show all pertinent design features, including the location of the outfall(s). If stormwater is flowing off -site, the plan must show that stormwater will not be mixed with wastewater. Certification: North Carolina General Statute 143-215.6 b (I) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters. Page 8of9 SWU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit. I certify that I am fa iliar with the information contained in this application and that to the best of my knowledge and belief such inf#glation is true, complete, and accurate. Printed NantgypI Person i ning: G Pe'Q2y TIQ V Title: U /°ER IDA/S a/RECTo2 I °I Z© (Date Signed) Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR. Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. For questions, please contact the DWQ Regional Office for your area. DWO Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 Central Office .........(919) 807-6300 Page 9 of 9 SWU-NCG02-NOI Last revised 6/7/2010 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, 'The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: The Feldspar Corporation Altapass Mine Mitchell County - Permit No. 61-16 for the operation of a Industrial Minerals Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration.�� jlll �p y�� 9;dq 21 20j� wEr� MINING PERMIT EXPIRATION DATE February 19, 2017 4411SR 'H 'L LOZ `6 6 AGenaga j Tun eouenssl sll to atep ayl woJI anla.4a aq Ileys jlwaad siyl ale(] ua1e�x3 'LOOZ `Z kenUer pa}ep delN euiw eqj uo pa}eolpul se MOB 66'91, o; 91y,1e 96eaaoe pa;oa.#e ay; aseaioap of paglpow uaaq sey Ilwaad slyl :LOOZ 6 enaga:j ' 966 6 `Z i, jegwooaa pejoes dew eulw ayl uo peleolpul se paglpow uaaq sey Ilwaad slid :900Z enjgad suol�eoglPo1N `jod 6ululiN eqj Aq pallddns se 6utue9w awes ayj aney 11eys swa91 'as1migyjo s91e31pul Apealo �xajuoo ayj ssolun `}lu.uad s1141 ul of paivajai jo pasn iamayM suol�lul}ap .mel Aq pezlaoylne sainpaooid juawaoiojua aayjo ajnj!jsui Aew luaw:pedaQ ayj `anoge ayj of uolilppe ul pue AIanl}eUJ911V quawpedap 9y1 Aq uoisuedsns Jo uol;eoonaa 'uo1je09lpow pasodoid Rue uo weld pue owll paleu6lsep a 1e 6ulae9y e 01 jy61a aney lleys jo}eaado ayl *Ilwaad 941 ul pajeaocliooul se ueld uo11ewel39�l 9141 A4lpow o} jualul sp jo `Iiwaad ayj puedsns ao aMonaa 'f(}lpow 01 Iua}UI sjl 10 9311ou u9:4iaM aojeaado ayj an16 Xew luew:pedaQ ay, joy 6ululVll ayj jo sjuawaalnbei pue sesoclind eqj analyoe 01 6uillej sl ao 'Ilwaad s:yj jo suo11lpuoo pue swaa; a9410 ao ueld uoljewelooN eqj yjlnn 6uiAldwoo jou sl joss000ns s,aa' vied jo aa�lwaad ayj 1e41 souluualap luawpedaQ eqj leyl Iuana 941 ul -41pnoes aayjo ao puoq algellns a s1sod pue puel p9409}4e 9y;10 u0l1eweloaj 01 aouaaajaa qj!m 99:4lwaad ayj jo sal;np eqj awnsse of seei6e joleaado jossaoons ei4j jeyj pue Ioy BUN N 9141 }o sluawaalnbaj ayj tpm peildwoo aney sioleaado yjog 18141 papinoid `ioleiedo aossaoons 941 of Ilwaad 941 aajsueal pue uoijeaado papwied ayj of aouaja;aj 41!m jod 6ulullN ay} Aq pue pwied spy }o suolllpuoo ay; Aq wly uodn pesodwi sal#np ayl woaj 99:4iwaad ay, asealai Aew juawpedaa ay1 'asimiayio io Juawu6lsse 'aseal `ales a }o en:pin Aq `uoijejedo 6ululw popwied ayj ui 99:4lwjed ayj jo isaaa;ul aye ol spaaoons aoleaado a941oue 11 :uoljdaoxa 6ulmollol ay; 41!m aa:}lwaad 941 Aq algeaa;suea} jou sl ;lwaad slyl gpiad slyl jo uolsuadsns ao uol}eoonaa `uoijealdxa ay1 anlnuns Aew pue `1uawpedaQ 941 yl1M Gig uo Al�noas aay�o ao puoq aye �q pa�noas `uol�efillgo algeledas a sl ueid uol1eweioaIJ panoadde ay} jo eoueu,uo}jad pajaldwoo `aanaMoH weld uoijeweloeb panoadde ay} jo sjuawaalnbaa ayj Ile 41p eouelldwoo uodn pauol}lpuoo Alssaidxa si Iluuad slyl •uoljejado 6uiulw pa:4lwaad ayj Aq paloop aa;em pue puel ay; }o uoijewelow JOI pue Juawuoalnua 6ulpunains 941 jo uopajoid ayj aol apew aq Ism suoismid `Ilwjad sly loped se peleaodaooul pue o; payoe:4e ueld uoljeweloaIj panoadde ayj ql!m �lw.ioluoo ul pue 'juaw:pedaa 941 se of paaaajaa je:geuiaaay saoinoseN leanjeN, pue lu9wuoalnu3 }o juawpedaa ayj Aq panoadde Agaaay sl yoigm 11pied 6uluiw siyj aol uopolldde 941 41lan aouepa000e ul Z a6ed Page 3 Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the -following conditions and limitations: OPERATING CONDITIONS: 1. Wastewater and Quarry DewaterinQ A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. Any mining activity, affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Mine Map dated January 2, 2007 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. Page 4 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map dated January 2, 2007 and supplemental information received by the Land Quality Section on February 1, 2006, March 27, 2006 and January 5, 2007. C. No mining related activities shall occur within the areas labeled as "Non - Disturbed Future Excavation" on the Mine Map dated January 2, 2007 until a modification that contains a comprehensive erosion and sedimentation control plan for said areas has been submitted to and approved by the Division of Land Resources. D. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slooes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of any pit expansion conducted after February 1, 1996 shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after February 1, 1996. Page 5 7. EJ Surface Drainage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. Blastin The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure I (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. 10.0 V d r� V C 2.0 .J Ct. 0-9 A 0.6 Q.S 0-4 � D.3 INC i i :;0 Blast Vibration F,erai-en cv, HZ 10.0 ' ! �y'�r►'t •si;�i i.� ..•.•+..�• :i,y. .,.�: •r"�►..yes i (;t l„,j �•C i~�t,�s �r �. #;,.•. ��r!. ::`? �i ��_'i:1 :3..� ...:'i:�'�r� i'�• ,r.}l��; i'.:. i .. �.f Page 6 C. 101 Ground Vibration Without Monit� oring_ In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/DS)2 Ds = D 1/2 W V = 160(DS)-1.6 W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 82 (DNN°.33)-1.2 Page 7 P = 20 x log (U/2.9x10"12) Confined Air blast/Overpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blastloverpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting; If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Flvrock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. Page 8 H. Flyrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. 1. Stu dies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice_ The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 9. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope constructed after February 1, 1996. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. Page 9 B. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification A. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. B. No mining related activities shall occur within the areas labeled as "Non - Disturbed Future Excavation" on the Mine Map dated January 2, 2007 until a modification that contains a comprehensive erosion and sedimentation control plan for said areas has been submitted to and approved by the Division of Land Resources. 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be."mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel Page 10 D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established 13. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 11 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shail be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 12 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12.A. through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan prepared by Mr. Tom Freeman and submitted with the Renewal Application received by the Land Quality Section on February 1, 2006. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of complete on or termination of mining. Page 13 This permit, issued September 24, 1982 and renewed and modified February 1, 21996, is hereby simultaneously renewed and modified this 19th day of February, 2007 pursuant to G.S. 74-52. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources depy uoRB301 lueld Pue aulpy ssedeuV :uogdeo £9OVN 3 '8 Z£LZ601 N 'V 99966L :uoReool tl3L3WOIrA L 0 S@1VA 0001 ---_ 0 SGWA 000I - 0 ZVILFI 3WOS laal Ri,1 slenbe gout 1 :aleag 1 MfZZ/6 :ale4 3NId 3onNdS :aweN NI.9 • uogeu11380 311eu6epy off NCG020000 N.O.I. and sealed by a Professional Engineer (P.E.) or qualified staff2 along with this application. A copy of the design calculations should be included. Please see questions 18 & 19. Table 1: Summary of Wastewater Permit Requirements Quarterly Monitoring? Requires A to C? Mine Dewatering (MD) Yes No Yes No MD Discharges that do not need treatment other than E&SC to meet permit conditions ✓ ✓ MD Discharges that need treatment other than E&SC to meet permit conditions ✓ Process Wastewater Other Recycle ✓ ✓ Closed Loop Recycle ✓ ✓ Any Other Process WW ✓ ✓ For questions, please contact the DWO Regional Office for your area. (See page 7) 1 (Please print or type) 1) Mailing address of owner/operator (address to which all permit correspondence will be mailed: Owner Name 7N E FEL D S PA (L LoiZPQ 2.A it D 4 Owner Contact Ca 2E G02 y 7 P V Frz4q 5 Street Address 530 P UT P PI SS RD P O B Dal qQ City 5 PRUC.t. Pi IV E State iyC- ZIP Code a S 77 7 Telephone No. ga 8 7b 5 - 5 50 y Fax: 8a s l ielo- a/10 E-mail Address Gr 4 • k'Aver-A s -the 9 u&-r{-ZGo r,o. GDm 2) Location of facility producing discharge: Facility Name THE FELDS PfrfL Facility Contact Street Address City County Telephone No. Contact E-mail 573o jQLTA /-2P S S &P A5 diox 419 es 2/" .E p/n�E State Ave- ZIP Code c>2 S 7 7 7 r� ITCH EL Fax: g,� S 710 to - a 113 ;QC H d 6401- P. ; Z Car(. 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). 1-4w14 ! 9 G a A / kA 5 �Y 4) Latitude 35° V ' 19.$1 "d Longitude W 03'38.7q W (degrees, minutes, seconds) Page 2of9 SWU-NCG02-NOI Last revised 6/7/2010 NCG02 Stormwater Permit: Mining Permit Review faMtNumberr NCGO2919 Reviewer: RW Mine Name: The Feldspar Corporation Summary • Receiving Stream: North Toe River • Classification: C. Tr • River Basin: French Broad • County: Mitchell • Notes: Regional Information • Office: o ®ARO Contact: Chuck Cranford o ❑FRO Contact: o ❑MRO Contact: o ❑RRO Contact: o ❑WaRO Contact: o ❑WiRO Contact: o ❑WSRO Contact: • Dates o Approval requested: 4/18/12 o Approval received: o "No wetland impact" determination, (15A NCAC 02B .0231(b)(5)(0 requires the Division to preserve the water levels of wetlands. We can require engineering plans to ensure that this is the case.) o Inspection: • Notes: Other Agency Information • DLR o Have a valid Mining Permit? ®yes ❑no o Is our application owner the same name as the DLR permit? (This is a requirement and a permit condition). ®yes ❑no o Permit Number nce020818 o Application submitted date: 3/21/12 (I received 3/26/12) o Approved date: o Have you added the DLR permit # to BIMS under "Related Permits'? ®yes ❑no o DWQ/DLR review sheet reviewed? ®yes ❑no • (see SAStormwaterPermitting UniAldines-DWQROMine ReviewsforDLR) o DWQ/DLR review sheet stipulates holding DLR permit? ❑yes ®no • Why? NA o Notes: DEH (if WW to WS) o Needed? ❑yes ®no o Application submitted date: o Approved date: Shellfish Sanitation (if SA) o Needed? ❑yes ®no o Application submitted date: o Approved date: Page 1 of 4 NCG02 Stormwater Permit: dining Permit review • 401 /404 Certification / Wetlands Info o Is a 401 Required? ❑yes ®no 0 401 Written Concurrence Required? ❑yes ®no o Are there offsite wetlands? ❑yes ®no o if yes above, does a 401 require an O &M for offsite wetlands? Explain: o If 404, Application submitted & approved date: o If 401 Approved submitted & approved date: o Have you requested a USACE wetlands delineation? ❑yes ❑no • Notes: Application Review a) The permit application • Signed: ®yes ❑no • Is signature by correct person? ®yes ❑no • Complete: ®yes ❑no • SIC Code: SIC 1459 i. Describes activities: ®yes ❑no ii. Covered by permit: ®yes ❑no b) Mine Type: • Quarry: • Sand: ❑ • Clay: ❑ • Are there other activities at site (i.e. asphalt or concrete)? ❑yes ❑no • Notes: Miningfeldspar, eldspar, quartz, and mica c) Mine Size: • Pit Acreage (estimate if not known) • Screening Acreage • Concrete Acreage • Asphalt Acreage • Screening / Processing Acreage • Other Acreage • Tailings/Sediment Pond Acreage • Stockpile Acreage • Waste pile Acreage • Haul Roads • Total Acreage • Notes: d) New Coastal Rules: • Is the mine in one of the 20 Coastal Counties? ❑yes ®no • Does the mine have > 10,000 square feet of BUA? NA ❑yes Ono [If the answer is "Yes" to both of the above, please notify permittee they will need a state SW permit and notify the Wi or Wa Regional Office]. e) Buffers: • Is the mine in the Neuse, Tar -Pam, Randleman, Catawba River Basin or Jordan Lake watershed? ❑yes ®no Page 2 of 4 f NCG02 Stormwater Permit: Mining Permit Review • Are the appropriate buffers maintained away from streams and waterbodies? RO needs to check ❑yes ❑no f) Phase H • Is the mine in a Phase II area? Dyes ®no • Does the permittee need a Phase II permit from DWQ? Dyes ®no • State or Local? None • Have you sent this to the appropriate permitting authority? ❑yes ❑no ®NA g) Wastewater: • Type - Mine dewatering: Dyes ®no - Stamped by PE? ❑yes ❑no - If clay & dewatering, ATC ? Dyes ❑no (required) - Process wastewater produced: Dyes ®no -not under this permit - Stamped by PE? Dyes -]no - If recycle & not closed, ATC? ❑yes ❑no (required) • Wastewater and ORW Waters Requirements - New/expanding wastewater to ORW? ❑yes ®no (not allowed) — WW not covered under this permit - New/expanding wastewater to Dyes ®no (special limits) upstream of ORW? - Notes: • Wastewater HWQ/PNA water requirements - What is the flow rate? - PNA has special limits for WW TSS. h) Dewatering: • Is the permittee impacting wetlands / require and O&M agreement? ❑yes ®no not covered under this permit • Date request letter sent • Date sent to the RO • Date approved • Did the RO request an O&M before approval? ❑yes ❑no i) Other: • Does this facility have other NPDES permits? ®yes Ono • Hazardous waste activities onsite? Dyes ®no • Is there an LCID or other landfill on site? Dyes ®no • Notes: Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All notices of intent to be covered under this General Permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Page 3 of 4 NCG02 Stormwater Permit: Mining Permit review Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the General Permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Communication logs Date Item Page 4 of 4 THE FELDSPAR Check No. Date Vendor Vendor No. CORPORATION 8700012558 03/14/2012 State of North Carolina K10283 Spruce Pine, NC Invoice Invoice Net Number Date Voucher Number Description Gross Discount Amount Amount Amount CKR 03/09/12 03/09/2012 201201110 TOTAL San3nut Sank. ZZW Georgia. N.A. r 180 Days R 6:46: 6too DOLLA�s" ": IM00 100.00 100.00 by Positive Pay 0.00 0.00 100.00 100.00 D0012558 64-79/611 DATE March 14, 2012 Pay This Amount S Funds $*****100.00