WQ0003590_Final Permit_20131105

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvaria, III
Governor Director Secretary
November 5, 2013
Kenneth D. Pickett — Owner
The Greater Foscoe Mining Company
Post Office Box 1744
Boone, North Carolina 28607
Dear Mr. Pickett:
Subject: Permit No. WQ0003590
The Greater Foscoe Mining
Company
Closed -Loop Recycle System.
Watauga County
In accordance with your permit renewal request received September 26, 2013, we are forwarding
herewith. Permit No. WQ0003590 dated November 5, 2013, to The Greater Foscoe Mining Company for
the continued operation of the subject wastewater treatment and closed -loop recycle facilities.
This permit shall be effective from.. November 5, 2013 until October 31, 20t8, shall void Permit
No. WQ0003590 issued May 17, 1999 and shall be subject to the conditions and limitations as specified
therein.
Please mote that on September 1, 2006 State Administrative Code 15A NCAC Subchapter 02T --
Waste not Discharged to Surface Water was adopted. This permit incorporates the requirement of these
rules- Remember to take the time to review this permit thoroughly, as some of the conditions
contained therein may have been added, changed, or deleted from those in previously issued permits.
Please nc>tte the following permit conditions are new or have beet/ modified since the last
permit issuance:
➢ Condition I.l. —addresses the procedure to renew the permit
➢ Condition H.L
— requires effective maintenance and operation of the facility
➢ Condition II.2.
— addresses responsibility for damages to surface and groundwater
➢ Condition 11.3.
— defines the location of the Compliance Boundary
A Condition 11.4.
— defines the location of the Review Boundary
➢ Condition I1I.1.
— requires proper maintenance and operation of the facility
WATER QUALITY PERMITTING SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Locatron: 512 N. Salisbury St„ Raleigh, North Carolina 27604
Phone: 91U07-6464 i FAX: [phone]
Internet hitP*Dortal,ncdenr.orglweblwc
An Equal Opporlunily 4 Affirmative Action Employer

Mr. Kenneth D. Pickett
November 5, 2013
Page 2 of 2
➢ Condition 111.2.
— requires proper disposal or utilization of the generated residuals
➢ Condition IV. 1—
requires any monitoring deemed necessary by the Division
➢ Condition IV.2.
— addresses noncompliance conditions and notification
➢ Condition VI.2.
— voids the permit if it is not constructed compliantly
➢ Condition VI.3.
— limits the permit to the type and volume of the permitted wastes
➢ Condition VIA.
— requires the Permittce to comply with other regulations
➢ Condition VI.5.
— permit ownership changes trust be made via Division forms
➢ Condition VI.6.
— Division -approved plans and specifications must be retained
➢ Condition VI.7.
— requires the permit to be maintained until facility closure completion
➢ Condition VI.8.
— permit is subject to revocation or modification under certain circumstances
➢ Condition VI.9.-
the permit facilities cannot be expanded under certain circumstances
➢ Condition V1.10
— the annual fee must be paid within 30 days of billing
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150E of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail
Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this permit, please contact David Goodrich. at (919)
807-6352 or by email at [e-mail].
4
Sincerely,
lor4—mas A. Reeder
cc: Watauga County Health Department
Winston-Salem Regional Office, Water Quality Regional Operations Section
Protection and Enforcement Branch
Permit File WQ0003590
Notebook File WQ0003 590

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
RECYCLE SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
The Greater Foscoe Mining Company
Watauga County
FOR THE
continued operation of a 1,000 gallon per day (GPD) wastewater treatment and closed -loop recycle
facility consisting of
Three (3) 500-gallon settling tanks with a 1 BP pump, four (4) storage tanks in series with a combined
capacity of around 4,000 gallons and a 1 HP effluent pump to pump the recycled water back to the
troughs, and all associated piping, valves, and appurtenances
to serve The Greater Foscoe Mining Company, with no discharge of wastes to surface waters, pursuant to
the application received September 26, 2013, and in conformity with the project plans, specifications, and
other supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit.
This permit shall be effective from November 5, 2013 until October 31, 2018, shall void Pen -nit No.
WQ0003590 issued May 17, 19�9, and shall be subject to the following specified condi�ons and
limitations: < <
L SCHEDULES
No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T _0105(d) requires an updated site map to be submitted with the permit renewal
application.
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II. PERFORMANCE STANDARDS
1. The subject non -discharge facilities shall be effectively maintained and operated at all times so there
is no discharge to the surface waters, nor any contravention of groundwater or surface water
standards. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions due to improper operation and maintenance, the Permittec shall take immediate
corrective actions including Division required actions, such as the construction of additional or
replacement wastewater treatment or recycle facilities.
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or
surface water resulting from the operation of this facility.
The compliance boundary for the disposal system shall be specified in accordance with 15A NCAC
02L .0107(b). This disposal system was individually permitted on or after December 30, 1983;
therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or
50 feet within the property boundary, whichever is closest to the effluent disposal area. An
exceedance of groundwater standards at or beyond the compliance boundary is subject to re:mediation
action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with
North Carolina General Statute 143-215.6A through 143-215.6C.
4. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the
compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the
review boundary shall require action in accordance with 15A NCAC 02L .0106.
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times. 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. The Permittee shall maintain an Operation and
Maintenance Plan pursuant to I5A NCAC 02T .1007, which at a minimum shall include operational
functions, maintenance schedules, safety measures and a spill response plan.
2. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan
pursuant to 15A NCAC 02T .1008.
Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited.
IV. MONITORING AND REPORTING REQUIREMENTS
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water
analyses) necessary to ensure groundwater and surface water protection shall be established, and an
acceptable sampling reporting schedule shall be followed.
2. Noncompliance Notification:
The Permittee shall report by telephone to the Winston-Salem Regional Office, Water Quality
Regional Operations Section, telephone number [phone], as soon as possible, but in no case
more than 24 hours, or on the next working day following the occurrence or first knowledge of the
occurrence of any of the following:
a. Any occurrence at the facility resulting in the treatment of significant amounts of wastes that is
abnormal in quantity or characteristic, including the known passage of a hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons,
rendering the facility incapable of adequate wastewater treatment.
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c. Any facility failure resulting in a by-pass directly to receiving surface waters.
d. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone].
Persons reporting such occurrences by telephone shall also file a written report in Ietter form within
five days following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to be taken to ensure the problem does not recur.
V. INSPECTIONS
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and recycle facilities.
2. The Pennittee or their designee shall inspect the wastewater treatment and recycle facilities to prevent
malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the
release of wastes to the environment, a threat to human health or a public nuisance. 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. The Permittee shall
maintain this inspection log for a period of five years from the date of the inspection, and this log
shall be made available to the Division upon request.
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the wastewater treatment and recycle facilities
permitted herein at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records required to be maintained under the terms and conditions of this
permit, and may collect groundwater, surface water or ieachate samples.
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to
an enforcement action by the Division in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C.
2. This permit shall become voidable if the permitted facilities are aot"tonstructed in accordance with
the conditions of this permit, the Division approved plans and speclifications, and other supporting
documentation.
This permit is effective only with respect to the nature and volurne of wastes described in the permit
application; Division approved plans and specifications, and other supporting documentation. No
variances to applicable rules governing the construction or operation of the permitted facilities are
granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T
.0105(n).
4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
(e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules
in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4
and under the Division's General Permit NCG010000; any requirements pertaining to wetlands under
15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of
Chapter 143 of the General Statutes.
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5. In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner.
6. The Permittee shall retain a set of Division approved plans and specifications for the Iife of the
facilities permitted herein.
7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority pursuant to 15A NCAC
02T .01050).
S. This permit is subject to revocation or unilateral modification upon 60 days' notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T .0110.
9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein
shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b).
10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to
pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A
NCAC 02T .0105(e)(3).
Permit issued this the 5th day of November 2013
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Jr mas �AReeder, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0003590
9
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