The URL can be used to link to this page

Home My WebLink AboutWQ0003590_Staff Report_20240311March 11, 2024 To: DWR Central Office — WQ, Non -Discharge Unit Attn: Leah Parente From: Caitlin Caudle Winston-Salem Regional Office State of North Carolina Division of Water Resources Water Quality Regional Operations Section Staff Report Application No.: W00003590 Facility name: The Greater Foscoe Mining CompanX CLRS Note: This form has been adapted from the non -discharge facility staff report to document the review of both non -discharge and NPDES permit applications and/or renewals. Please complete all sections as they are applicable. I. GENERAL AND SITE VISIT INFORMATION 1. Was a site visit conducted? ❑ Yes or ® No II. EXISTING FACILITIES: MODIFICATION AND RENEWAL APPLICATIONS 1. Are there appropriately certified Operators in Charge (ORCs) for the facility? ❑ Yes ❑ No ® N/A 2. Are the design, maintenance, and operation of the treatment facilities adequate for the type of waste and disposal system? ® Yes or ❑ No 3. Has the site changed in any way that may affect the permit (e.g., drainage added, new wells inside the compliance boundary, new development, etc.)? ❑ Yes or ® No 4. Is the residuals management plan adequate? ® Yes or ❑ No 5. Are there any setback conflicts for existing treatment, storage, and disposal sites? ❑ Yes or ® No 6. Is the description of the facilities as written in the existing permit correct? ® Yes or ❑ No 7. Has a review of compliance history been completed (CEI's)? ® Yes or ❑ No 8. Are there any permit changes needed in order to address ongoing BIMS violations? ❑ Yes or ® No 9. Check all that apply: ® No compliance issues ❑ Notice(s) of violation ❑ Current enforcement action(s) ❑ Currently under JOC ❑ Currently under SOC ❑ Currently under moratorium Please explain and attach any documents that may help clarify answer/comments (i.e., NOV, NOD, etc.) See most recent inspection letter. Have all compliance dates/conditions in the existing permit been satisfied? ® Yes ❑ No ❑ N/A 10. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? ❑ Yes ®No❑N/A FORM: WQROSSR 04-14 Page 1 of 2 III. REGIONAL OFFICE RECOMMENDATIONS 1. Do you foresee any problems with issuance/renewal of this permit? ❑ Yes or ® No 2. List any items that you would like the NPDES Unit or Non -Discharge Unit Central Office to obtain through an additional information request: Item Reason Operation and Maintenance Plan An Operation and Maintenance Plan was not available at the time of inspection. Staff were not contacted for assistance developing a plan. 3. Recommendation: ® Hold, pending receipt and review of additional information by regional office ❑ Hold, pending review of draft permit by regional office ❑ Issue upon receipt of needed additional information ❑ Issue ❑ Deny (Please state reasons: ) DocuSigned by: 4. Signature of report preparer: Signature of regional supervisor: Date: 3/11/2024 IV. ADDITIONAL REGIONAL STAFF REVIEW ITEMS See attached inspection letter, report, and facility map. DocuSigned by: B74ss... FORM: WQROSSR 04-14 Page 2 of 2 Site Map for WQ0003590 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality July 10, 2023 Delivered electronically via email to: facetsoffoscoe(a)_gmail.com Kenneth D. Pickett — Owner P.O. Box 1744 Boone, NC 28607 SUBJECT: Compliance Evaluation Inspection The Greater Foscoe Mining Company CLRS Permit No. WQ0003590 Watauga County Dear Mr. Pickett: On June 30, 2023, Division of Water Resources staff Caitlin Caudle conducted a routine compliance inspection. Zach O'Keeffee, Business Manager, was present during the entire inspection. Kenneth Pickett, Permittee, was contacted to discuss the inspection and permit renewal process. A review of the subject facility was completed. This review mostly reflected compliance with the subject permit. The following items of concern were noted: • The Operation and Maintenance Plan, Residuals Management Plan, and Spill Plan were not available for review. Per Permit Condition 111.1, "the Permittee shall maintain an Operation and Maintenance Plan, which as a minimum shall include operational functions, maintenance schedules, safety measures, and a spill response plan," and Permit Condition 111.4 states "the Permittee shall maintain a residuals management plan pursuant to 15A NCAC 02T .1008." Please develop or locate the above documents. Ms. Caudle can be contacted for assistance with developing these documents if needed. • An inspection log was not available for review. Per Permit Condition V.2 "the Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs or corrective actions taken." Please begin maintaining an inspection log as described above. • As a reminder, this facility shall be operated as a non -discharge system at all times. Per Permit Condition 111.1 "the facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility." Any wastewater removed from the facility shall be properly disposed. Moan D_,E, North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 Please refer to the enclosed inspection report for additional comments and observations. If you have any questions, please contact me or Ms. Caudle at the letterhead address and phone number, or by email at lon.snider(a--)deg.nc.gov or Caitlin.caudle(a-_)deg.nc.gov. Sincerely, DocuSiTgned by: %A. l . 5,,. Gr -4'ME225CMEA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ-WSRO Enc: Inspection Report Cc: Watauga County Environmental Health D North Carolina Department of Environmental Quality I Division of Water Resources ✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CAROLINA 336.776.9800 naparMeM of EmironmanW 9uallly Compliance Inspection Report Permit: WQ0003590 Effective: 11/01/18 Expiration: 10/31/23 Owner: Kenneth D Pickett SOC: Effective: Expiration: Facility: The Greater Foscoe Mining Company CLRS County: Watauga 8998 NC 105 S Region: Winston-Salem Banner Elk NC 28604 Contact Person: Kenneth D Pickett Title: Phone: 828-963-5928 Directions to Facility: Hwy 421 N to Boone, L onto Hwy 105S, facility approximately 16 miles on right System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 06/30/2023 Entry Time 10:30AM Primary Inspector: Caitlin C768B834968199D49D_ l@,,pIcuSigneddf b,,�yl.:,� I'� Secondary Inspector(s): '"'ruv' l�D& Reason for Inspection: Routine Permit Inspection Type: Closed -Loop Recycle Facility Status: ❑ Compliant Not Compliant Question Areas: Miscellaneous Questions Treatment Storage (See attachment summary) Exit Time: 11:OOAM Phone: 336-776-9699 Inspection Type: Compliance Evaluation Record Keeping Page 1 of 4 Permit: WQ0003590 Owner - Facility: Kenneth D Pickett Inspection Date: 06/30/2023 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: On June 30, 2023, Division of Water Resources staff Caitlin Caudle conducted a routine compliance inspection. Zach O'Keeffee, Business Manager, was present during the entire inspection. Kenneth Pickett, Permittee, was contacted to discuss the inspection and permit renewal process. A review of the subject facility was completed. This review mostly reflected compliance with the subject permit. The following items of concern were noted: • The Operation and Maintenance Plan, Residuals Management Plan, and Spill Plan were not available for review. Per Permit Condition 111.1, "the Permittee shall maintain an Operation and Maintenance Plan, which as a minimum shall include operational functions, maintenance schedules, safety measures, and a spill response plan," and Permit Condition 111.4 states "the Permittee shall maintain a residuals management plan pursuant to 15A NCAC 02T .1008." Please develop or locate the above documents. Ms. Caudle can be contacted for assistance with developing these documents if needed. • An inspection log was not available for review. Per Permit Condition V.2 "the Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs or corrective actions taken." Please begin maintaining an inspection log as described above. • As a reminder, this facility shall be operated as a non -discharge system at all times. Per Permit Condition 111.1 "the facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility." Any wastewater removed from the facility shall be properly disposed. Other observations: • There are no berms, pipe runs, or embankments associated with this facility. • The mining troughs are not contained under a roof. The troughs transfer water from the upper tanks to the lower tanks. • The tanks are restricted from public access with fences. • Residuals are still manually removed from the tanks once a year and allowed to dry before being recycled through the mine. • The system is only run when guests are present. A submersible pump is manually placed in the lower tanks to transfer water to the upper tanks when they are full. • A copy of the permit was not available. Page 2 of 4 Permit: WQ0003590 Owner - Facility: Kenneth D Pickett Inspection Date: 06/30/2023 Inspection Type: Compliance Evaluation Reason for Visit: Routine Type Yes No NA NE Reuse (Quality) ❑ Lagoon Spray, LR ❑ Infiltration System ❑ Single Family Spray, LR ❑ Activated Sludge Spray, LR ❑ Activated Sludge Spray, HR ❑ Activated Sludge Drip, LR ❑ Single Family Drip ❑ Recycle/Reuse Treatment Yes No NA NE Are Treatment facilities consistent with those outlined in the current permit? 0 ❑ ❑ ❑ Do all treatment units appear to be operational? (if no, note below.) 0 ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Is a copy of current permit available? ❑ 0 ❑ ❑ Are monitoring reports present: NDMR? ❑ ❑ 0 ❑ NDAR? ❑ ❑ 0 ❑ Are flow rates less than of permitted flow? ❑ ❑ ❑ Are flow rates less than of permitted flow? ❑ ❑ ❑ Are application rates adhered to? ❑ ❑ ❑ Is GW monitoring being conducted, if required (GW-59s submitted)? ❑ ❑ ❑ Are all samples analyzed for all required parameters? ❑ ❑ ❑ Are there any 2L GW quality violations? ❑ ❑ ❑ Is GW-59A certification form completed for facility? ❑ ❑ ❑ Is effluent sampled for same parameters as GW? ❑ ❑ ❑ Do effluent concentrations exceed GW standards? ❑ ❑ ❑ Are annual soil reports available? ❑ ❑ ❑ # Are PAN records required? ❑ ❑ ❑ # Did last soil report indicate a need for lime? ❑ ❑ ❑ If so, has it been applied? ❑ ❑ ❑ Are operational logs present? ❑ ❑ ❑ Are lab sheets available for review? ❑ ❑ ❑ Do lab sheets support data reported on NDMR? ❑ ❑ ❑ Do lab sheets support data reported on GW-59s? ❑ ❑ ❑ Page 3 of 4 Permit: WQ0003590 Owner - Facility: Kenneth D Pickett Inspection Date: 06/30/2023 Inspection Type: Compliance Evaluation Reason for Visit: Routine Are Operational and Maintenance records present? Were Operational and Maintenance records complete? Has permittee been free of public complaints in last 12 months? Is a copy of the SOC readily available? No treatment units bypassed since last inspection? Comment: See summary. Page 4 of 4 Compliance Inspection Report Permit: WQ0003590 Effective: 11/01/18 Expiration: 10/31/23 Owner: Kenneth D Pickett SOC: Effective: Expiration: Facility: The Greater Foscoe Mining Company CLRS County: Watauga 8998 NC 105 S Region: Winston-Salem Banner Elk NC 28604 Contact Person: Kenneth D Pickett Title: Phone: 828-963-5928 Directions to Facility: Hwy 421 N to Boone, L onto Hwy 105S, facility approximately 16 miles on right System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 06/30/2023 Entry Time 10:30AM Primary Inspector: Caitlin Caudle Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: Closed -Loop Recycle Facility Status: ❑ Compliant Not Compliant Question Areas: Miscellaneous Questions Treatment Storage (See attachment summary) Exit Time: 11:OOAM Phone: 336-776-9699 Inspection Type: Compliance Evaluation Record Keeping Page 1 of 4 Permit: WQ0003590 Owner - Facility: Kenneth D Pickett Inspection Date: 06/30/2023 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: On June 30, 2023, Division of Water Resources staff Caitlin Caudle conducted a routine compliance inspection. Zach O'Keeffee, Business Manager, was present during the entire inspection. Kenneth Pickett, Permittee, was contacted to discuss the inspection and permit renewal process. A review of the subject facility was completed. This review mostly reflected compliance with the subject permit. The following items of concern were noted: • The Operation and Maintenance Plan, Residuals Management Plan, and Spill Plan were not available for review. Per Permit Condition 111.1, "the Permittee shall maintain an Operation and Maintenance Plan, which as a minimum shall include operational functions, maintenance schedules, safety measures, and a spill response plan," and Permit Condition 111.4 states "the Permittee shall maintain a residuals management plan pursuant to 15A NCAC 02T .1008." Please develop or locate the above documents. Ms. Caudle can be contacted for assistance with developing these documents if needed. • An inspection log was not available for review. Per Permit Condition V.2 "the Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs or corrective actions taken." Please begin maintaining an inspection log as described above. • As a reminder, this facility shall be operated as a non -discharge system at all times. Per Permit Condition 111.1 "the facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility." Any wastewater removed from the facility shall be properly disposed. Other observations: • There are no berms, pipe runs, or embankments associated with this facility. • The mining troughs are not contained under a roof. The troughs transfer water from the upper tanks to the lower tanks. • The tanks are restricted from public access with fences. • Residuals are still manually removed from the tanks once a year and allowed to dry before being recycled through the mine. • The system is only run when guests are present. A submersible pump is manually placed in the lower tanks to transfer water to the upper tanks when they are full. • A copy of the permit was not available. Page 2 of 4 Permit: WQ0003590 Owner - Facility: Kenneth D Pickett Inspection Date: 06/30/2023 Inspection Type: Compliance Evaluation Reason for Visit: Routine Type Yes No NA NE Reuse (Quality) ❑ Lagoon Spray, LR ❑ Infiltration System ❑ Single Family Spray, LR ❑ Activated Sludge Spray, LR ❑ Activated Sludge Spray, HR ❑ Activated Sludge Drip, LR ❑ Single Family Drip ❑ Recycle/Reuse Treatment Yes No NA NE Are Treatment facilities consistent with those outlined in the current permit? 0 ❑ ❑ ❑ Do all treatment units appear to be operational? (if no, note below.) 0 ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Is a copy of current permit available? ❑ 0 ❑ ❑ Are monitoring reports present: NDMR? ❑ ❑ 0 ❑ NDAR? ❑ ❑ 0 ❑ Are flow rates less than of permitted flow? ❑ ❑ ❑ Are flow rates less than of permitted flow? ❑ ❑ ❑ Are application rates adhered to? ❑ ❑ ❑ Is GW monitoring being conducted, if required (GW-59s submitted)? ❑ ❑ ❑ Are all samples analyzed for all required parameters? ❑ ❑ ❑ Are there any 2L GW quality violations? ❑ ❑ ❑ Is GW-59A certification form completed for facility? ❑ ❑ ❑ Is effluent sampled for same parameters as GW? ❑ ❑ ❑ Do effluent concentrations exceed GW standards? ❑ ❑ ❑ Are annual soil reports available? ❑ ❑ ❑ # Are PAN records required? ❑ ❑ ❑ # Did last soil report indicate a need for lime? ❑ ❑ ❑ If so, has it been applied? ❑ ❑ ❑ Are operational logs present? ❑ ❑ ❑ Are lab sheets available for review? ❑ ❑ ❑ Do lab sheets support data reported on NDMR? ❑ ❑ ❑ Do lab sheets support data reported on GW-59s? ❑ ❑ ❑ Page 3 of 4 Permit: WQ0003590 Owner - Facility: Kenneth D Pickett Inspection Date: 06/30/2023 Inspection Type: Compliance Evaluation Reason for Visit: Routine Are Operational and Maintenance records present? Were Operational and Maintenance records complete? Has permittee been free of public complaints in last 12 months? Is a copy of the SOC readily available? No treatment units bypassed since last inspection? Comment: See summary. Page 4 of 4