VTCA Aggregate Producers greatly appreciate the proposed – VPDES General Permit for Nonmetallic Mineral Mining Facilities that includes language that provides operators the ability to dewater pits that have become incapacitated due to significant flooding events.

While the included language is helpful there are still a couple of modifications that would assist mineral mining operators commencing operations that have ceased as a result of flood conditions.

 VTCA has concerns with the below language (bulleted) and offers potential language considerations to the General Permit for pits that have ceased to operate because of flooding conditions:

“Rather, the TSS levels in such dewatering discharges shall not exceed a daily maximum of 100 mg/l during emergency dewatering.”

The daily maximum limit of 100 mg/l may not be high enough to permit rapid dewatering given the emergency conditions that would surround significant flooding. We understand the charge of the Department to ensure clean water, however quarries and pit that become flooded to the point of ceased operations is generally a result of a stream breach or otherwise upset condition that is not in the normal design or drainage area of waters that are normally directed into the pits.

Given this consideration, is it feasible for the above language to be amended to permit operators to discharge water from the flooded pits meeting the listed conditions without daily TSS limits for a short period (5 days) or until the TSS levels in the discharged water are below the TSS levels in the receiving system?  

"During emergency dewatering, the permittee shall monitor for TSS daily and notify DEQ of any exceedances..."

Daily monitoring is excessive. Will the department consider weekly (or less frequent) monitoring?  

Again, these are our only concerns with the proposed language for the reissuance of this permit. Virginia’s Aggregate Producers thank the State Water Control Board and the Department of Environmental Quality for the consideration of our concerns for rapidly dewatering pits following significant flooding events.

Please do not hesitate to contact VTCA if you have any questions or need additional information.