VIA FACSIMILE AND EMAIL

Subject:

Public Comment on Permit Modification

Nelson Brothers - Parrish Facility (Walker County)

NPDES PERMIT NUMBER AL0066265

From: Nelson Brooke

Fax: (205) 458-0094

Tel: (205) 458-0095

E-mail: nbrooke@blackwarriorriver.org

August 23, 2005

Russell A. Kelly

Chief, Permits & Services Division

Alabama Department of Environmental Management

P.O. Box 301463

Montgomery , AL 36130

Viaà E-mail: rak@adem.state.al.us & Fax: (334) 271-7950

Re: Comment on Nelson Brothers, LLC – Parrish Facility (NPDES: AL0066265)

Walker County

Dear Mr. Kelly:

I am concerned about the proposed reissuance of the Nelson Brothers, LLC - Parrish Facility. The proposed reissuance will negatively impact Coal Creek (DSN 001 & 003) and an unnamed tributary to Indian Creek (DSN 002), both of which are located in the Black Warrior River Basin . I do not believe that the department should reissue the Nelson Brothers - Parrish Facility permit as proposed based on my comments below.

Nelson Brothers’ NPDES permit requires only that they monitor for Total Suspended Solids (TSS), and does not set a limit for this parameter. As a result of this lack of limitation, Nelson Brothers has taken advantage of the monitoring requirement. Their TSS discharge has consistently exceeded both monthly average and daily maximum TSS levels for waters classified for Fish & Wildlife. The monthly TSS average for waters classified for Fish & Wildlife is typically around 35 mg/l. Nelson Brothers are consistently discharging around 100-300 mg/l, with a high of 905 mg/l. I propose a TSS parameter limitation for DSN 001, 001A, 002, & 003 that will be protective of fish and wildlife as well as a measurement frequency of 1/month, at least until Nelson Brothers can scale back their TSS discharge.

Nelson Brothers is only required to monitor for pH. There is no limit set for this parameter. This facility is manufacturing blasting agents. It should therefore have a parameter limit for pH. On January 1, 2004 an ADEM Compliance Evaluation Inspection found that Nelson Brothers did not perform their pH test immediately after taking samples, a testing procedure required by 40 CFR 136. Currently, pH tests are only required 1/6 months. Given that on March 20, 2001 Nelson Brothers’ DSN 003 discharged a pH of 9.1 s.u., I recommend that they be required to test 1/quarter.

Thank you for the opportunity to comment, and I look forward to a response from the Department.

For the river,

Nelson Brooke

Black Warrior RIVERKEEPERÒ

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

712 37^th Street South

Birmingham , AL 35222

www.BlackWarriorRiver.org

Riverkeeper is a registered trademark of Waterkeeper Alliance, Inc.

VIA FACSIMILE AND EMAIL

NPDES PERMIT NUMBER AL0066265

712 37th Street South

Birmingham , AL 35222

712 37^th Street South