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NCG520017_Regional Office Historical File 20200527
r CDENR il Nortl;, �p�lfga,© paetment f'91nvironment and Natural Resources Pat McCrory r, SEP 1 0 2015 Donald R.van der Vaart Governor Secretary water Oualilyr clonal Operations A grist 26, 2015 I AIa�tdr ri ionl . � - Mr. Matth6 J is a is _ Blue Bucket°En ertainment&Novelties,Inc. - 382 Country Bend Rd Franklin, NC 28734 Subject: Transfer of Certificate of Coverage NCG520017 NPDES General Permit NCG520000 Cherokee Ruby & Sapphire Mine l',1 tGAaljC Macon County Dear Mr. Bnaartd: The Division has reviewed and approved your request to transfer ownership of the subject Certificate of Coverage (CoC). The Division hereby issues NCG520017 to discharge under wastewater General Permit NCG520000. This CoC is issued pursuant to the requirements of North Carolina General Statue 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 note that the General Permit is currently being renewed. The Division is awaiting final comments from the U.S. EPA before issuing the renewed version of NCG520000. The copy of NCG520000 attached to this message is the currently active version, which will soon be replaced by the renewed permit. We expect no major changes in permit requirements from the existing version to the renewal. The lack of planned changes,plus your great patience while awaiting ownership documentation, is why we are sending the CoC. You will be forwarded a copy of the new General Permit as soon as it is approved by the EPA. If any parts, measurement frequencies or sampling requirements contained in this General Permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, the certificate of coverage shall be final and binding. Please take noticethat this Certificate of Coverage is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the certificate of coverage. Contact the Asheville Regional Office prior to any sale or transfer of the permitted facility. Regional Office staff will assist you in documenting the transfer of this CoC If you have any questions concerning the requirements of the General Permit, please contact Charles Weaver of the NPDES Unit at(919)807-6391 or via e-mail [charles.weaver@ncdenr.gov]. nicer / S.Jay Zimmerman, D�'p — Division of Water ResrS. as cc: Asheville Regional Office/Jeff Menzel NPDES Unit 1617 Mall Service Center,Ralelgh,North Carolina 2769M617 512 N.Salisbury St.,Raleigh,North Carolina 27604 Phone: 919-807-6300/FAX 919-807-6489/w .ncwalerqualityarg An Equal Oppodunity/Affirmative Action Employer-50% Recycled/l0% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES GENERAL PERMIT NCG520000 CERTIFICATE OF COVERAGE NCG520017 DISCHARGE OF INSTREAM MINING WASTEWATER, ASSOCIATED STORMWATER AND SIMILAR DISCHARGES UNDER THE 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, Blue Bucket Entertainment & Novelties, Inc. is hereby authorized to discharge sand dredging wastewater from the following facility: Cherokee Ruby & Sapphire Mine 41 Cherokee Mine Rd Franklin Macon County to receiving waters designated as Cater Fork Creek, currently classified as C waters in subbasin 04-04-01 of the Little Tennessee River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 1I, 111 and IV hereof. This certificate of coverage shall become effective August 26, 2015. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 26, 2015 for S Zimmerman, Director _. vision of Water Resources By Authority of the Environmental Management Commission !� t 301 - � tlAUI HOPft P � IYW Bench o; ( . Mountain r0 rz,ro I 7 Ole :rJ) ROA fr dll Sheep NfNN i Knob. ° ' i ryb ry Vp2Fcr ji1V 111tt RUtlYMMf FO n o g Dischare Pit I Fed 0 Cave "Wr RD I .'^a Pt Lfry 0., 1 g, ( ORCNOR UR �a� t /' Rock �(nob Ridge, + r Fed lI t tr + t <v zIle -. Gap 17A00 V FIN yp1 RD I . 1 "0 llm 1 2 Iw I � t) tu MW Mason - ( 'MounWint LYle .� .I 23IX+ }6(0 ' Knob, 700 000 FEET� ��86 p I- .. 87 ._. }BB zoe .: Latitude:35°15'52" NCG52OO17 [LE lity Longitude:W21'02" USGS Quad:Greene Creek,N.C. Cherokee Ruby& tion Stream Class:C Sapphire Mine Subbasin:04�04-01 Receiving Stream:Cater Fork Creek Macon County Map not to scale M2 PHLE COPY OEM North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colman H.Sullins Dee Freeman Governor Director Secretary November 14, 2011 Raymond and Amanda Montoya Maceffie Gems & Land LLC PO Box 2021 Franklin NC 28744 SUBJECT: Compliance Evaluation Inspection Cherokee Ruby and Sapphire Mine Permit No: NCG520017 Macon County Dear Mr. and Mrs. Montoya: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on October 27, 2011. The facility appeared to be in compliance with permit NCG520017. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, pleas ccallll me at 828-296-4500. Sincerely, ��� % l Jeff M n� zel Environmental Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanaa, NC 28778 One N TrtlC3i011lla Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 NaatkrQlEn Internet:www ncwaterauarty orc 7/�/ S:\SWP\Macon\WastewatedGeneral\NCG52 Sand DredgeskNCG520011 Cherokee Ruby CEI 2011,docx United slates Environmental Pmtentlon Agency Form Approved. EPA Washington.o C.20400 OMB No.2040-0057 Approval expires 8.31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPOES yr/mo/day Inspection Type Inspector Fee Type 1 J 2 J 31 NCG520017 11 121 11/10 2] iT IOU 191LJ_ 20L J Remarks 2111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA ------- ............---Reserved---—--------------- J 691 69 701a1 Tiu 721u1 Y3W]4 75I I I I I I I 80 I IJ Section B: Facility Data LJ Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective[)at. POTW name and NPDES permit Number) 01:00 PM 11110127 07112111 Cherokee Ruby and Sapphire Mine 41 Cherokee Mine Rd Exit TimelDate Permit Expiration Date Franklin NC 28734 01:30 PM 11110/27 12107/31 Name(s)of Crafts Representative(s)MUes(s)/Phone and Fax Numbers) Other Facility Data III Name,Address of Responsible Offlclaffitle/Phone and Fax Number Raymond V Montoya,PO Box 2021 Franklin NC 28'/441/505-Y11-1474/ Contacted No Section C: Areas Evaluated During Ina action Check onl those areas evaluated) Operations&Maintenance E Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Flndln /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Names)and Signature/(s)of Insp/ecccttor(e) AgencylOflcelPhone and Fax Numbers Data Jeff Menze� Gf/,/-,r/ ARO WO//828-296-4500I �YA� M / Signature of%ann/aggeement�Q A/Reviewer Agency/ORcelPhone and Fax Numbers Data EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES ynnno/day Inspection Type 3 NCG520017 I11 12 11/10/27 I17 is C Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The permittee shall operate the facility and use sound management practices to ensure that impacts to surface waters are minimized. The permittee shall operate the facility and use best management practices to ensure that stream banks are stabilized. The facility appeared to be well maintained. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCG520017 Owner-Facility: Cherokee Ruby and Sapphire Mine Inspection Date: 1012112011 inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 00 0 0 Does the facility analyze process control parameters,for ex:MILES,MCRT,Settleable Solids, pH,DO,Sludge 0 0 ■ ❑ Judge,and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 0 0 Are the receiving water free of foam other than trace amounts and other debris? 0 Cl 0 If effluent (diffuser pipes are required) are they operating properly? 0 0 ■ ❑ Comment: Page# 3 �TF/1t Micheel P.Easley,Governor qG .William G.Ross Jr.,Secretary X'�A/�'�Y North Carolina Department of Environment and Natural Resources O Y _ IAIan:W.,1Glnmek RE Dilector . IIII �L Mach 9,2006 l MAR 1 3 2N- Il . Raymond&Amanda Montoya I MacE£fie Gems;&Land LLC — --' -._.i_.__-__N1 wn2n 2uni.n�. s=cTlow P.O.Box 2021 AF.NF II r is r'ionw' cn=iCE Franklin,North Carolina28744 - _...... Subjecf.NPDES General Permit NCGS20000 Certificate of Coverage NCG520017 Cherokee Ruby Mine Formerly Cherokee Ruby Mine Macon County Deur Mr.&Mrs.Montoya: Division personnel have reviewed and approved your request to transfer coverage under the General Permit, received on Match 6,2006. Please find enclosed the revised Certificate of Coverage,a copy of General Wastewater Discharge Permit NCG520000,and a copy of a Technical Bulletin for General Wastewater Discharge Permit NCG520000. 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 NPDES Permitting Unit at(919)733-5083,extension 363. Sincerely, f/ s A /'J� fflatr W.Klimek,P.E. cc: ➢WQ Centel Flee Asheville Regional Offine/Surface Water Pcatection NPDES Unit File ✓V!f(TlM�!//e North Carolina Division of Water Quality 1617 Mail Service Center Releigk NC27699-1617 Phone(919)733-7015 Customer Service Internet h2mencstate.ncus 512 N.Salisbury St. Raleigh,NC 27604 FAX (919)733-2496 1-877-623-6748 An Equal OpporWnlry/APormafive Acllon Employer-50%Recyc ed110%Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO.NCG520000 CERTMCATE OF COVERAGE No.NCG520017 TO DISCHARGE SAND DREDGING WASTEWATER AND SIMILAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMMATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1,other lawfiil standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission,and the Federal Water Pollution Control Act,as amended, MACEFFIE GEMS &LAND,LLC is hereby authorized to operate a SAND DREDGING treatment system consisting of a sediment basin and discharge channel with the discharge of treated wastewater or similar wastewater from a facility located at CHEROKEE RUBY MINE 2586 RUBY MINE ROAD FRANKLIN MACON COUNTY to receiving waters designated as Caler Fork Creek,a class C water,in die Little Teanessee River Basin in accordance with the effluent limitations,monitoring requirements,and other conditions set forth in Parts I,II,IH,IV of General Permit No.NCG520000 as attached. This certificate of coverage shall become effective March 16,2006. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day March 9,2006. Ar. for Al .Klimek,Director Di ion of Water Quality B AuOiority of the Environmental Management.Commission .re of North Carolina department of Environment AiT4 0 and Natural Resources �� Division of Water Quality Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REscuROES 11/26/2001 C W MCCRACKINE CHEROKEE RUBY MINE 2586 RUBY MINE RD FRANKLIN, NC 28734 Subject: NPDES Wastewater Permit Coverage Renewal Cherokee Ruby Mine CDC Number NCG520017 Macon County Dear Permittee: - Your facility is currently covered for wastewater discharge under General Permit NCG520000. This permit expires on July 31,2002. Division of Water Quality(DWQ)staff is in the process of rewriting this permit with a scheduled reissue in the summer of 2002. Once the permit is reissued,your facility would be eligible for continued coverage under the reissued permit. In order to assure your continued coverage under the general permit,you must apply to the DWQ for renewal of your permit coverage. To make this renewal process easier,we are informing you in advance that your permit coverage will be expiring. Enclosed you will find a general permit coverage renewal application form. This will serve as your application for renewal of your permit coverage. The application must be completed and returned with the required information by February 01,2002 in order to assure continued coverage under the general permit.There is no renewal fee associated with this process. Your facility will be invoiced for the annual permit fee at a later date. Failure to request renewal within this time period may result in a civil assessment of at least$250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of wastewater from your facility without coverage under a valid wastewater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to$10,000 per day. If the subject wastewater discharge to waters of the state has been terminated,please complete the enclosed rescission request form. Mailing instructions are listed on the bottom of the form. You will be notified when the rescission process has been completed. If you have any questions regarding the permit coverage renewal procedures please contact the Asheville Regional Office at 828-251-6208 or Aisha Lau of the Central Office Stormwater Unit at(919)733-5083,ext.578 Sincerely, // Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Piles Stormwater and General Permits Unit Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper eJA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley,Governor William G. Ross,Jr.,Secretary Alan W.Klimek, P.E., Director January 11,2007 Effie S. McCrackine Maceffie Gems&Land LLC 2586 Ruby Mine Rd Franklin, NC 28734 Subject: Renewal Notice/General Permit NCG520000 Certificate of Coverage NCG620017 Macon County Dear Permittee: .You are receiving this notice because your company currently operates a dredging operation covered under the subject General Permit for the discharge of sand-dredging runoff. NCG520000 will expire on July 31,2007, Federal(40 CFR. 122.41)and North Carolina(15A NCAC 2H.0105(e))regulations require that permit renewal applications be filed at least 180 days prior to expiration of the current permit. To satisfy this requirement,the Division must receive a renewal request postmarked no later than February 1,2007. The Certificate of Coverage(CoC)specific to your operation was last issued on August 1,2002. The Division needs information from you to determine if coverage under NCG520000 is still necessary. ➢ If your property still has a wastewater system like the ones described in the enclosed Technical Bulletin,you must renew the subject CoC. Complete the enclosed form and submit it to the address on the form. ➢ If you are not sure what Type of system your property has,contact Keith Haynes in the NC DENR Asheville Regional Office at (828)296-4500, That person[or other staff members]can help you determine if you should renew your CoC. ➢ If this site has been shut down and no further dredging will occur,contact me at the address or phone number listed below to request rescission of the CoC. Please verify that the provided information is correct,or make corrections on the attached form. Complete the additional questions,then sign and date the form. The completed form should be submitted to the address listed below the signature block. If you have any questions concerning this matter,please contact me at the telephone number or e-mail address listed below. Sincerely,. �� Charles H.Weaver„��� JP,pI NPDES Unit cc: Central Files t--' 1 Asheville Regional Office Keith Haynes' II" NPDES file .x2Y�lrh'" 1617 Mall Service Center,Raleigh,North Carolina 27699.1617 512 North Salisbury Street,Raleigh,North Carolina 27604 N ne hCArcihna Phone: 919733-5083,extension 511/FAX 919733.07191 charles.weaver�9ncmail.net Naturally An Equal Oppolunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper State of North Carolina Department of Environment; ] and Natural Resources Division of Water Quality Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 26,2002 C W MCCRACKINE Jlji. CHEROKEE RUBY MINE 2586 RUBY MINE RD FRANKLIN, NC 28734 Subject: Reissue-NPDES Wastewater Discharge Permit Cherokee Ruby Mine COC Number NCG520017 Macon County Dear Permitme: In response to your renewal application for continued coverage under general permit NCG520000,the Division of Water Quality(DWQ)is forwarding herewith the reissued wastewater general permit Certificate of Coverage (COC). This COC is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S.Environmental Protection Agency, dated May 9, 1994(or as subsquently amended). The following information is included with your permit package: - • A copy of the Certificate of Coverage for your treatment facility • A copy of General Wastewater Discharge Permit NCG520000 • A copy of a Technical Bulletin for General Wastewater Discharge Permit NCG520000 Your coverage under this general permit is not transferable except after notice to DWQ. The Division 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 DENR or relieve the permittee from responsibility for compliance with any other applicable federal,state,or local law rule,standard,ordinance,order,judgment,or decree. If you have any questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater and General Permits Unit at(919)733-5083,ext.578 Sincerely,,, for Alan W.Klimek,P.E. cc: Central Files Stormwater&General Permits Unit Files Asheville Regional Office 1617 Mail Service Center,Raleigh,North Carolina 2 76 9 9-1 61 7 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources A Division of Water Quality James B. Hunt, Jr., Governor '2oa Wayne McDevitt, Secretary F—) EH N R A. Preston Howard, Jr., P.E., Director July 23, 1997 C. W.McCrackine Cherokee Ruby Mine 2586 Ruby Mine Road Franklin,NC 28734 Subject: Certificate of Coverage No. NCG520017 Renewal of General Permit Cherokee Ruby Mine Macon County Dear Permittee: In accordance with your application for renewal of the subject Certificate of Coverage, the Division is forwarding the enclosed General Permit. This renewal is valid from the effective date on the permit until July 31, 2002. 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 U.S.Environmental Protection Agency dated December 6, 1983. If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have the right to request an individual permit by submitting an individual permit application.Unless such demand is made, this certificate of coverage shall be final and binding. The Certificate of Coverage for your facility is not transferable except after notice to the Division. Use the enclosed Permit Name/Ownership Change form to notify the Division if you sell or otherwise transfer ownership of the subject facility. The Division may require modification or revocation and reissuance of the Certificate of Coverage. If your facility ceases discharge of wastewater before the expiration date of this permit, contact the Regional Office listed below at(704) 251-6208. Once discharge from your facility has ceased, this permit may be rescinded. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality, 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 the NPDES Group at the address below. Sincerely, �e'✓ A.Preston Howard,Jr.,P.E. cc: Central Files `_ Asheville Regional Office NPDES File Facility Assessment Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 (919)733-5083 FAX(919)733-0719 p&e®dem.ehnr.state.nc.us An Equal Opportunity Affirmative Action Employer 50%recycled /10%post-consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO NCG520000 CERTIFICATE OF COVERAGE NO. NCG520017 TO DISCHARGE SAND DREDGING WASTEWATER AND SIMILAR WASTEWATERS UNDER THE 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, Cherokee Ruby Mine is hereby authorized to operate a facility which discharges wastewater generated during sand dredging operations with the discharge of wastewater from a facility located at Cherokee Ruby Mine 310 Ruby Mine Road Franklin Macon County to receiving waters designated as subbasin 40401 in the Little Tennessee River Basin in accordance with the effluent limitations,monitoring requirements,and other conditions set forth in Parts L II, III and IV of General Permit No.NCG520000 as attached. This certificate of coverage shall become effective August 1, 1997. This certificate of coverage shall remain in effect for the duration of the General Permit. Signed this day July 23, 1997. Preston Howard,Jr., P.E., Director d_ Division of Water Quality By Authority of the Environmental Management Commission State of North Caro4,.1a" Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor A�1� Jonathan B. Howes, Secretary � E AV F1 A. Preston Howard, Jr., P.E., Director I � pp November 3 , 1994 Attn: C.W.McCxackine IOV , in I, Cherokee Ruby Mine 310 Ruby Mine Road Franklin,NC 28734 nll fill ,: Subject: Deletion of Notice of Violation Cherokee Ruby Mine NPDES No.: NCG520017 formerly NC0007048 Macon County Dear Mr.McCrackine: This letter is in reference to the Notice of Violation(NOV)issued to the subject facility for failure to submit an Annual Administering and Compliance Fee. The fee was associated with NPDES Permit number NC0007048. This permit was rescinded when the facility was granted coverage for its wastewater discharge under General PermitNCG520017. Unfortunately,the Division of Environmental Management's fiscal billing database was not updated when this change occurred. The invoice for permit number NC0007048's annual fee and the subsequent NOV for non-payment were issued in error. The Division has retracted the NOV and the record of its issuance has been removed from our files. As you are aware,your general permit does not require the payment of any annual fees. The Division has updated its computer system to help ensure such a mistake will not happen in the future. We regret any inconvenience the Notice of Violation may have caused. If you have any questions about this letter,please feel free to contact Bob Sledge at (919) 733-5083, extension 534. Sincere A. Preston Howard, Jr., P.E.' oc: Compliance/Enforcement Regional Office Central Files Fiscal-Fran McPherson P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management _ James B. Hunt,Jr., Governor � �111, M � Jonathan B. Howes, Secretary �E H N R A. Preston Howard,Jr., P.E., Director October 24 1994 - y CERTIFIED MAIL RETURN RECEIPT REQUESTED 1�.1 0CT 27 19N `I C. W. MCCRACKINE �i CHEROKEE RUBY MINE 310 RUBY MINE ROAD FRANKLIN, NO 28734 SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON-PAYMENT NPDES PERMIT NO. NC0007048 CHEROKEE RUBY MINE MACON COUNTY Dear Permittee: Payment of the required annual administering and compliance monitoring fee of $600.00 for this year has not been received for the subject permit. This fee is required by Title 15 North Carolina Administrative Code 2H .0105, under the authority of North Carolina General Statutes 143-215.3(a)(1), (la) and (lb). Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0105 (b)(2)(k)(4), and G.S. 143-215. 1(b)(3). Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the required Annual Administering and Compliance Monitoring Fee is received within that time. Your payment should be sent to: N.C. Department of Environment, Health, and Natural Resources Division of Environmental Management . Budget Office P.O. Box 29535 Raleigh, NO 27626-0535 P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Oppoduntty Affirmative Action Employer 50%recycled/10%post-consumer paper / Discharges without a permit are subject to the enforcement authority of the Division of Environmental Management. If you are dissatisfied with this decision, you have the right to request an administrative hearing within thirty (30) days following receipt of this Notice, identifying the specific issues to be contended. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447. Unless such request for hearing is made or payment is received, revocation shall be final and binding. If you have any questions, please contact: Mr. Roy Davis, Asheville Regional Supervisor, (704)251-6208. Sincerely, 4o e cc: Supervisor, Water Quality Permits and Engineering Unit Asheville Regional Office County Health Department 0 State of North Carolina Department of Environment, Health and Natural Resources VIM Division of Environmental ManagementAT James B. Hunt, Jr., Governor � Jonathan B. Howes, Secretary p E H N R A. Preston Howard, Jr., P.E., Director p p October 7,1993 �lik Off " 719M � C.W. MCCRACKINE CHEROKEE RUBY MINE 310 RUBY MINE ROAD ��- FRANKLIN NC 28734 Subject: CHEROKEE RUBY MINE Certificate of Coverage NCG520017 General Permit NCG520000 Formerly NPDES Permit NC0007048 Macon County Dear Permittee: The Division of Environmental Management has recently evaluated all existing individual permits for potential coverage under general permits currently issued by the Division. 15A N.C.A.C.2H .0127 allows the Division to evaluate groups of permits having similar discharge activities for coverage under general permits and issue coverage where the Division finds control of the discharges more appropriate in this manner.The Division has determined that the subject discharge qualifies for such coverage. Therefore,the Division is hereby issuing the subject Certificate of Coverage under the state-NPDES general permit no.NCG520000 which shall void NPDES Permit NC0007048. This Certificate of Coverage is issued pursuant to the requirements of North Carolina and the US Environmental Protection Agency Memorandum of Agreement dated December 6,1983 and as subsequently amended. If any parts,measurement frequencies or sampling requirements contained in this general permit are unacceptable to you,you have the right to submit an individual permit application,associated processing fee and letter requesting coverage under an individual permit. Unless such demand is made,this decision shall be final and binding. Please take notice this Certificate of Coverage is not transferable. Part E,E.4. addresses the requirements to be followed in case of change of ownership or control of this discharge. In the event that the facilities fail to perform satisfactorily,including the creation of nuisance conditions, the Pemvttee shall take immediate cornxtive action,including those as may be required by this Division,such as the -. construction of additional or replacement wastewater treatment or disposal facilities. Construction of any wastewater treatment facilities will require issuance of an Authorization to Construct from this Division. Failure to abide by the requirements contained in this Certificate of Coverage and respective general permit may subject the Permfttee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. Please note that the general permit does require monitoring in accordance with federal law. The monitoring data is not required to be submitted to the Division unless specifically requested,however,the pemuttee is required to maintain all records for a period of at least three (3) years. Post Office Box 29535,Raleigh,North Carolina 27626-0535 Telephone(919)733-5083 FAX(919)733-9919 An Equal Opportunity Affirmative Action Employer 50%recycled-10%post-consumer paper Page 2 C.W. MCCRACKINE CHEROKEE RUBY MINE Certificate of Coverage No.NCG520017 The issuance of this Certificate of Coverage is an administrative action initiated by the Division of Environmental Management and therefore,no fees are due at this time. In accordance with current rules,there are no annual administrative and compliance monitoring fees for coverage under general permits. The only fee you will be responsible for is a renewal fee at the time of renewal. The current permit expires July 31,1997. This coverage will remain valid through the duration of the attached general permit. The Division will be responsible for the reissuance of the general permit and at such time,you will be notified of the procedures to follow to continue coverage under the reissued permit. Unless you fail to follow the procedures for continued coverage,you will continue to be permitted to discharge in accordance with the attached general permit. The issuance of this Certificate of Coverage does not preclude the Permittee from complying with any and all statutes,rules,regulations,or ordinances which may be required by the Division of Environmental Management or permits required by the Division of Land Resources,the Coastal Area Management Act or any Federal or Local other governmental permit that may be required. If you have any questions or need additional information regarding this matter,please contact either the Asheville Regional Office,Water Quality Section at telephone number 704/231-6208,or a review engineer In the NPDES Group in the Central Office at telephone number 919/733-5083. Si A.Preston Howa r.,P.E. cc: Asheville Regional Office Central Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT,HEALTH,AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO. NCG520000 CERTIFICATE OF COVERAGE No.NCG520017 TO DISCHARGE SAND DREDGING WASTEWATER AND SIMILIAR WASTEWATERS UNDER THE NATIONAL POLLUNTANT 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, CHEROKEE RUBY MINE is hereby authorized to discharge treated sand dredging wastewater from a facility located at CHEROKEE RUBY MINE Macon County to receiving waters designated as the CALER FORK CREEK/ LITTLE TENN.RIVER BSN in accordance with the effluent limitations,monitoring requirements,and other conditions set forth in Parts I,E, III and IV of General Permit No NCG520000 as attached. This certificate of coverage shall become effective November 1, 1993. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day,October 7,1993. Preston Howar ,Ir.,P.E.,Director Division of Environmental Management By Authority of the Environmental Management Commission i State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann R Orr William W. Cobey,Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION June 18, 1992 Mr. C. W. McCrackine Cherokee Ruby Mine 310 Ruby Mine Road Franklin, North Carolina 28734 Subject: Compliance Evaluation Inspection Status: In Compliance Cherokee Ruby Mine Wastewater Treatment Facilities NPDES Permit Number NCO007048 County Dear Mr. McCrackine: On June 11, 1992, I conducted). Macon n inspection of the wastewater treatment facilities which serve The Cherokee Ruby Mine. The ponds are in good condition and the facility is considered to be in compliance with "Best Management Practices" for tourist gem mines. Since you have submitted your request for permit renewal and you are not in arrears with any fees or penalties, it will be perfectly legal for you to continue to operate until renewal of your permit is complete. Your existing permit will remain in effect until it is replaced by the renewed document. If you have any questions regarding the inspection, please contact me at 704-251-6208. Sincerely, William E. Anderson Environmental Technician WEA Enclosure Inwrchangc Building, 59 Woodfin Place, Asheville, N.C.28801 •Telephone 70 25I6208 An Equal Opponunlry AffirmaHvc/ ,.an Gn,Plovcr Vnne Iales miionmemal ion Agency FOrmq ae E P wasnmyion, a 30 s0 pp oved r� NPDES Compliance Inspection Report 0MBN0. 2090-0003 Approval Expires 7-31-E5 Section A:National Data System Coding Transaction Code ��// NPOES �I yr/mo/day Inspection Type Inspector Fac Type I/� /vIc 00 0 19 D `i 8ll 1�91z1016111/ 117 1� 1'�' Z-I Remarks U ITIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Reserved Facility Evaluation Rating SI CA J - .--- ------ReJJservetl -----•--- --.-- - 66 67W J 69 7� - 71W 72±A 73 II II I74 7E - I' -I I I l BE, Section B:Facility Data ame and Location of Facility Inspected Emry Time�'.AM ❑ PM R,ermit Effective Dale Ghe okee rt'ub'j Mr'ne (000 /^� ,I / 1. Ao.., .� d.GON Cwn� 1 AIC, Exit Time/Date _ Permib Expiration Data 10 IS 11 SJne42. 31 SJI 92- ame(s)of On-Site Representative(s) -TRIe(s) Phone No(sl C.W. /1�Cve o%,'ne D.Jnev�OF7e�a T-o Name.Address of Responsible Official Title 3io Pvh� Mr'neRd. Fva n k wa f✓C 2893Y Phone No. a I(Z.n ned 70 — LJ Yes❑ No Section C:Areas Evaluated During Inspection IS=Satisfactory,M=Marginal,U=Unsatisfactory,N=Not Evaluated) S' Permit Flow Measurement Pretreatment ,•$' Operations&Maintenance "e rds/Repons yv/ Laboratory Compliance Schedules. Sludge Disposal Facility Site Review EHluent/Recaiving Waters ' Self-Monitoring Program Other: Section D:Summary 01Findinge/Comments(Attach addition/sheers l/necessary) /NP 'Pdcr �,`� ..i`.S Mtn ,y 2D� COn dr Trdw r17 Ca�CFavmJ.- c/( G/� T�( Vl M2ngr�L mPn(" �v2c Ti`Ce S- �vn,• Y Y¢neWa � Y�9 v-eIt � aS yl aPa SJ'OM' �pd' Npmp(aland igllyture(s)oflnspector(s) Agency/Office/Telephone Date W C. Ida.- an C F s/err,I�Ie �d�l - 63a d� Sr.P lur of fleviewer Agency/Office Data JJ la / Regulate'Offica Use Only Action Taken 7 Date omplia ce Status ❑ Noncompliance 2 compliance ,i � State me North Carolina Department of Environment , Health , and Natural Resources ! Division of Environmental Management Asheville Regional Office = er James B . Hunt , Jr . Governor [D E H N F1 Jonathan B. Howes , Secretary WATER QUALITY SECTION October 4, 1993 Mr. C. W. McCrackine Cherokee Ruby Mine 310 Ruby Mine Road Franklin, North Carolina 28734 Subject: Compliance Evaluation Inspection Status: In Compliance Cherokee Ruby Mine NPDES Permit Number NC0007048 Macon County Dear Mr. McCrackine: i On September 23, 1993, I conducted an inspection of the wastewater treatment facilities which serve the Cherokee Ruby Mine. The facilities were operating well and considered to be in compliance with. "Best Management Practices" for tourist gem mines . The Division has determined that the discharging ruby mines can be covered under the General Permit for Sand Dredges and Similar Facilities . The General Permit requires monitoring for turbidity, settleable solids, and a flow estimate twice each year. The good part is that there are no annual fees required for the General Permit . Since this will result in considerable savings, I asked Raleigh to go ahead and change your permit. If it is done at the request of the State, no fees will be required. The General Permit will be renewable in 1997 . - You should be receiving your notice of coverage under the General Permit in the next couple of weeks . If you are displeased and want to keep your individual NPDES Permit, you can respond within 30 days . As far as the actual ruby mine, it will be "business as usual" with the big ponds still needed. If you want to discuss this further, please contact me at 704/251-6208. I cGe�/ir/1e ly, E. A ers Xln Environmental Technician Enclosure InLerchange euiding, 59 Wootlfin Glace, Asheville, N.C. 28801 '[eierhone 704/251-6200 rax 104/251-625a --- - -- 'A NPD OMB N 2040-0 3ES Compliance Inspection Report ApprovalEupues731.66 Section A'. National Data System Codmg Transaction Code "I" yr/m /day Inspection Type InspectorFac�J �McIoIDInI?It �(1$I „ ,�R131DW12131 ,7 gsJ Type a 111111IIII Remrks IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Reserved Facility Evaluation Rating RI GA J I----I —-._--��- -Reserved --- -- --- ---- 66 �6J Sg 7� 71 7�t 7� 7A 1 174 7d 1 I 80 Section R:Facility Data Name and Location of Facility Inspected Entry Time❑ AM El Pm Permit Effective Dale ak evo Kee /Ru, jF. Mr n 'L x Md Coll COVn 1 y Me— Exit Time/Dale Permit Expire{lion Date J / cl 7 Name(s)c On-Site Representalivelsl Titles) Phone Nqs) Name,Addr ss of Responsible Official Title C.t./• flrC'AAA' _ 3 (o Rob M• na Rd inev Phone No. Iy Contacted CPa�klt;, C �rt73 LJ yea❑ No ' Section C:Arens Evaluated During Inspection (S=Satisfactory,M=Marginal,U=Unsatisfactory,N=Not Evaluated) Permit /T/ Flow Measurement Pretreatment Operations&Maintenance Records/Reports Laboratory Compliance Schedules Sludge Disposal Facility Site Review S Effluent/Reeaiving Waters Self-Monitoring Program Other /1 Section D:Summary,of.Findings/Comments(�Attach additional sheets ifnecessary) /AP he.'Air-y W?J inn ( (Drr/A �r'r9 ncc 4l� ' v� +e n(1 t Man?9ensen '{- ractice4 /'J 0,v rrs o DP not rC ��I'vod. / NVe(s)a9Siglature(s)of lnspector(s) Agency/Office/Telephone Date z1 JC2 Je t 93 Signattl of Reviower Agency/Office pale "TTG029� � /D Regulatory Office Ose Only Anion Taken Dale Compliance Slams [I Noncompliance LJ Cam lianca State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt,Jr., Governor �C Jonathan B. Howes,Secretary � H N R Nann B. Guthrie, Regional Manager Asheville Regional Office WATER QUALITY SECTION June 9, 1994 Mr. C. W. McCrackine Cherokee Ruby Mine 310 Ruby Mine Road Franklin, North Carolina 28734 Subject: Compliance Evaluation Inspection Status: In Compliance Cherokee Ruby Mine tS NPDES Permit Number NCG5200y 17 Macon County JJ Dear Mr. McCrackine: On May 25, 1994, I conducted an inspection of the wastewater treatment facilities which serve Shuler Ruby Mine. The facilities were operating well and considered to be in compliance with "Best Management Practices" and the requirements of the General Permit. The General permit requires you to monitor your discharge for turbidity and settleable solids and estimate the flow at least twice each year, once near opening and once near closing. The flow estimate should be 100,000 gallons per day if you are open eight hours (the "Best Management Practices" design) . You are not required to submit the data to the Division, but are required to keep it for three years . The turbidity measurement will have to be done by someone with a turbidity meter. The Franklin water plant has one but might not be able to help. There are certified laboratories available. If you have trouble finding someone to do this, let me know. Sincerely, )// vV, � W. E. Anderson Environmental Technician Enclosure Interchange Building,59 Woodfin place.Asheville,N.C.28801 Telephone 704-251-6208 FAX 704-251-6452 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper „i -.. ( lalwashvi Doman al 'roiecuoi naencv' �� I'Orm APp.oved �y goon.o�c.zoaeo OMB No. 2040-0p03 A )EPA NPDES Compliance Inspection Report Approval Expi,es 7.31-65 Section A: National Data System Coding Transaction Code yr/mo/day Inspection Type Inspector Fee Type 2U AAA I Glc I;NPDES alyl l l Y 11 1211410 1s1A1r117 1L ^I V 1C 20[_& IIIII111111111111111 Rem1ar11 ks IIIIIIIIIIII11111IIIIIII Reserved Facility�Evaluation Rating BI CA J------•--------Resserved---------------- 66 6� 69 7CM 71u 72u 7a 74 7LLLi—LLJ ED Section B: Facility Dam Name -and Location of Facility Inspected Entry Time AM PM Permit EffectiveDate rV ee Roby 14"'Ie I n! ✓ NC- Exit Time/Date PermitE illl;tlan Date Narri of On-Sim Representativeis) 'Title(s) Phone No(s) Name,Address of Responsible Official Title G. W.�sMSC.a ck:�c '51),ev 3 10 IN✓`7� M r 11 e fN n h Phone No. Contectetl Ves� No •. Section C:Areas Evaluated During Inspection IS=Satisfactory,M=Marginal,U=Unsatisfactory.N=Not Evaluated) Permit n/ Flow Measurement Pretreatment Operations&Maintenance flecords/Reports Laboramry 11 Compliance Schetlules Sludge Disposal Facility Site Review EHluent/Receiving Waters I Al I Salt-Monitoring Program Other: jj in Section D:Summery of.Findings/Comments(Attachh additionnef sheers W racces pd 2 e” saryJ �e c,•I,'T' w,)s ` L^omy I ,'JhCP w-'1 /h /k 6P,zt aGvntiit � Cons f�p„m,f TO "Se-FT A,,.ajar eI l PYac-f.'ees Name(s)and Sigr}atum(s)of Inspector(s) Agency/Office/Telephone Data W >;* Ae' r on �e Ili yvP c17Y ol.fte ie A,an.y/PWca / ✓ V v--� Date Regulatory Office Use On Action Taken Date C pli <e Stems �❑ NNoncorep"men LJ Compliance ,rt`InI�O/�/IKnI ..sun i State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT December 4, 1992 MEMORANDUM TO: Jeff Bouchelle Enforcement Group FROM: Roy M. Davis Regional Supervisor SUBJECT: Schuler Ruby Mine NPDES NC0028487 ,Cherokee Ruby Mine NPDES NC0007048 Macon County The subject tourist gem mines operate their wastewater treatment systems in compliance with the Divisions "Best Management Practices" requirements. The Division long ago agreed that tourist gem mines holding NPDES Permits and operating in keeping with "Best Management Practices" would not be required to submit monthly self-monitoring reports. Please make changes in the computer codes for the subject facilities to insure that no letters are generated telling the facility owner that DMR' s were not submitted. I suppose that I should add that such letters recently went out to both facility owners. After going for years without generating DMR demand letters, the computer suddenly decided to generate such letters for these two facilities. Many other tourist gem mines are currently meeting our "Best Management Practices" . I would appreciate anything you can do to prevent the sending of other embarrassing, inappropriate DMR demand letters. xc: Kent Wiggins Bill E. Anderson Forrest R. Westall Inmmhange 13widing, 59 Wmdfin Place, Asheville, N.C. 28WI 6 Telephone]M-151,s208 P State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT December 4, 1992 MEMORANDUM TO: Jeff Bouchelle Enforcement Group FROM: Roy M. Davis Regional Supervisor SUBJECT: Schuler Ruby Mine NPDES NC0028487 Cherokee Ruby Mine NPDES NC0007048 Macon County The subject tourist gem mines operate their wastewater treatment systems in compliance with the Divisions "Best Management Practices" requirements. The Division long ago agreed that tourist gem mines holding NPDES Permits and operating in keeping with "Best Management Practices" would not be required to submit monthly self-monitoring reports. Please make changes in the computer codes for the subject facilities to insure that no letters are generated telling the facility owner that DMR' s were not submitted. I suppose that I should add that such letters recently went out to both facility owners. After going for years without generating DMR demand letters, the computer suddenly decided to generate such letters for these two facilities. Many other tourist gem mines are currently meeting our "Best Management Practices" . I would appreciate anything you can do to prevent the sending of other embarrassing, inappropriate DMR demand letters. xc: Kent Wiggins Bill E. Anderson V Forrest R. Westall Interchange Building. 59 Woodfin Place, Asheville, N.C.28W] •Telephone AW25"208 An hcoel Opponuniry Alfirmafive Action Fmpl.,e State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street•Raleigh,North Carolina 27604 James G.Martin,Governor November 23 A.Preston Howard,Jr.,P.E. WilliamW.Cobey,Jr.,Secretary , 1992 8 Actin Director CERTIFIED MAIL RETURN RECEIPT REQUESTED CHEROKEE RUBY MINE 310 RUBY MINE ROAD FRANKLIN, NC 28734 Attention: C. W. MCCRACKINE Subject: Notice of Violation NPDES: NC0007048 CHEROKEE RUBY MINE MACON COUNTY This is to inform you that this office has not received your monthly monitoring report for 09/30/92. This is in violation of Title 15 0£ the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .506A, paragraph IA which states that "monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report is made. " To prevent further action, please submit this report by 12/08/92 or notify this office as to any problem preventing its. timely receipt. You will be considered noncompliant with the self-monitoring requirements contained in your NPDES Permit until the completed report has been submitted. In addition, if within the next twelve (12) months, future reports are not received within the required time frame, you will be assessed $500.00. Additional violations within the twelve (12) month period will double the penalty for each violation. If you have any questions, please contact our Regional Supervisor, Roy Davis at 704/251-6208. Sincerely, [A. Preston Howard, Jr. , P.E. fRagi;oi?'Q1 O£fiAef Central Files tR� I I � NOV 2 1 1992 r t d Pollution Prevention Pa s 10fEN ppUALITY SECTION Y t _NILLEREGIONALOFFICF.-__ ED. Box 29535 Raleigh, North Caroline 27626-0535 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer 1 State of North Carolina Department of Environment, Health and Natural Resources C)/ Division of Environmental Management 512 North Salisbury Street•Raleigh,North Carolina 27604 James G.Martin,Governor A.Preston Howard,Jr.,P.E. WilliannW.Cobey,Jr.,Secretary Acting Director December 15, 1992 ATTN: C.W.McCrackine Cherokee Ruby Mine 310 Ruby Mine Road Franklin, NC 28734 Subject: Deletion of Notice of Violation Cherokee Ruby Mine NPDES# N00007048 Macon County Dear Mr. McCrackine: This letter is in reference to the Notice of Violation for subject facility's September, 1992, Monitoring report. This Notice for non-compliance of the September Monthly Monitoring Report has been deleted from our records. The notice was generated in error by the computer system. If you have any other questions concerning monitoring reports,please contact Jeff Bouchelle at (919) 733-5083,Ext. 581. Sincerely, T/ A. Preston Howard, Jr. cc: Regional Office Central Files PoUuNon Prevention Pays I P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-73An Eq ual O ppommity Affirmative Action P.mployer CDEC h WATER 11 SECTION NOV t a State of North Carolina ER uaCp1y SECTION VILLE RE'0NAL OFFICE Department of Environment,Health and Natural Resources•w... Division of Environmental Management 512 North Salisbury Strew•Raleigh,North Carolina 27611 James G.Martin,Governor - A.Preston Howard,Jr.,P.H. William W.Cobey,Jr.,Secretary Acting Director November 19, 1992 C. W. McCrackine 310 Ruby Mine Road Franklin, NC 28734 Subject: NPDES Permit Modification Cherokee Ruby Mine Macon County Dear Mr. McCrackine: On November 12, 1992, the Division of Environmental Management issued NPDES Permit No. NC0007048. A review of the permit file has indicated that an error was inadvertently made In the permit. Accordingly, we are forwarding herewith modifications to the subject permit to correct the error. These permit modifications gave the wrong effective date and the signed date. Please find enclosed an amended cover sheet page which should be Inserted into your permit. The old page should be discarded. All other terms and conditions contained In the original permit remain unchanged and in full effect. These permit modifications are Issued pursuant to 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 any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 1508 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. PoII wion Prevention Poys P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affcanadve Action Employer If you have any questions concerning these permit modifications, please contact Mr. Mack Wiggins at telephone number 919/733-5083. Sincerely yours, . �/c Preston Hov rd, Jr., P E oc. Mr. Jim Patrick, EPA 4atig-vllld ReglonafDi'll Central Files Permit NlAC0007048 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH,AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE 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, c W.McCtackine is hereby authorized to discharge wastewater from a facility located at Cherokee Ruby Mine on NCSR 1343 Cowee Valley Macon County to receiving waters designated as Caler Fork Creek in the little Tennessee River Basin in accordance with effluent limitations,monitoring requirements,and other conditions set forth in Pans I, ll, and III hereof. This permit shall become effective December 1, 1992 This permit and the authorization to discharge shall expire at midnight on October 31, 1997 Signed this day October 28, 1992 rj?u� 0✓A.Preston Howard,Jr.,Acting Director Division of Environmental Management By Authority of the Environmental Management Commission T0: PERMITS AND ENG',_, ERING UNIT � WATER QUALITY SECTION DATE: June 18, 1992 F NPDES STAFF REPORT AND RECOMMENDATION COUNTY Macon PERMIT NUMBER NC0007048 - PART I - GENERAL INFORMATION 1. Facility and Address: Mr. C. W. McCrackine 310 Ruby Mine Road Franklin, N. C. 28734 2 . Date of Investigation: June 11, 1992 3. Report Prepared By: W. E. Anderson 4. Persons Contacted and Telephone Number: C. W. McCrackine 704-524-5684 5. Directions to Site: From the intersection of NCSR 1343 and NCSR 1345, travel east on NCSR 1343 approximately 1 . 1 miles to the Cherokee Ruby Mine on the left. 6. Discharge Point(s) , List for all discharge points: Latitude: 350 15' 52" Longitude: 830 21' 02" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U. S.G. S. Quad No. 166-SE(F5SE) U. S.G.S. Quad Name Greens Creek 7. Size (land available for expansion and upgrading) : N/A e. Topography (relationship to flood plain included) : Relatively flat, in flood plain. 9. Location of nearest dwelling: Greater than 500 feet VO Page 1 10. Receiving streal Jr affected surface waters,. ICaler Fork Creek a. Classification: "C" b. River Basin and Subbasin No. : Little Tennessee 040401 C. Describe receiving stream features and pertinent downstream . uses: There are additional tourist gem mine discharges downstream from this one. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: 0 q Domestic 100 % Industrial a. Volume of Wastewater: 0. 300 MGD (Design Capacity) b. Types and quantities of industrial wastewater:300, 000 gpd of muddy water from a tourist gem mining operation. C. Prevalent toxic constituents in wastewater: None d. Pretreatment Program (POTWs only) : N/A in development approved should be required not needed 2 . Production rates (industrial discharges only) in pounds per day: N/A a. Highest month in the past 12 months: lbs/day b. Highest year in the past 5 years: lbs/day 3 . Description of industrial process (for industries only) and applicable CFR Part and Subpart: N/A 4. Type of treatment (specify whether proposed or existing) : Existing settling ponds. 5. Sludge handling and disposal scheme: N/A 6. Treatment plant classification (attach completed rating sheet) : 7. SIC Codes(s) : 7999 Wastewater Code(s) : Primary 44 Secondary Main Treatment Unit Code: 500-0 Page 2 PART III - OTHER PC)INENT INFORMATION 1. Is this facility being constructed with Construction Grant funds (municipals only)? N/A 2 . Special monitoring requests: None 3 . Additional effluent limits requests: None 4. other: PART IV - EVALUATION AND RECOMMENDATIONS This is a request for permit renewal without modifications. There have been no changes in stream classification nor the treatment system. Permit renewal is recommended. Signature of Report Prreparer W er Qual ty R gional Supervisor Date Page 3 4 i 1� �/ �-. - r Is � lwl� r_ Im ..' 2 :_ . x rss 4 '� ,' 166 S E (F s' Se} sum � F2FC, C. IVAs' CJ Water Qunlity SI!ctiup JUN 1 1 1592 State of North Carolina Asheville Regional Otto Department of Environment, Health, and Natural Resoq%olle, worth cam"ins Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor _ George T Everett, Ph.D. William W. Cobeg Jr., Secretary Director June 7, 1992 Mr. C. W. McCrackine C.W. McCrackine Subject : NPDES Permit Application 310 Ruby Mine Road NPDES Permit No.NC0007048 Franklin, NC 28734 Cherokee Ruby Mine Dear Mr. McCrackine Macon County This is to acknowledge receipt of the following documents on April 16, 1992: Application Form _ Engineering Proposal (for proposed control facilities) , Request for permit renewal, Application. Processing Fee of $200.00, _ Engineering Economics Alternatives Analysis, _ Local Government Signoff, _ Source Reduction and Recycling, Interbasin Transfer, Other , The items checked below are needed before review can begin: _ Application Form _ Engineering proposal (see attachment) , _ Application Processing Fee of Delegation of Authority (see attached) _ Biocide Sheet (see attached) _ Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, _ Other REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 - 919/486-1541 704/663-1699 9191733-2314 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays )V/ P.O. Box 2953 Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportem ty Affirmative Action Employer ' If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete. This application has been assigned to Charles M. Lowe (919/733-5083) of our Permits Unit for review. You wiil be advised or any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendati ns regarding this discharge . If you have any questions regardin t is a pli tions, please contact the review person listed abov , pSi CC : Asheville Regional office �i '00 _ NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT . DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O. BOX 27687, RALEIGH, NC 27611 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION NUMBER APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C FOR GENCY USE DATE RECEIVED To be filed Only by persons engaged in manufacturing and mining YEAR MD. DAY CK #k ss9 Do not attempt to complete this form before reading accompanying instructions aOo,D• Please print or type 1. Name, address, location. and telephone number of facility producing discharge A. Name C&I-1- 0 Kew Rub), 14; ... P. B. Mailing address /� // 1. Street address ,320 %� sJ�J— °..�, P /q Z 2. City _ /: /'P 1 .4-/", 3. State /✓/ 4. County 12!"�f ? e O v, 5. ZIP Sr �+ C. Location: 1, Street _ �sv vin P 2. City 3. County 4. State R C. J ^7U S;. 4L J�l�-. i . ;rV;t D. Telephone No- VJa,BI QUt;I pI Area Code y 2. 5ID _an (Leave blank) :u •. 3. Number of employees X/a >t.b �lBluc;h (D�hfwtd ur i;°'ail q he�illc, rv�e� If all your waste is discharged into a publicly owned waste treatmentlj foci Pity s�• --tiT i{y and to the best of your knowledge you are not required to obtain a discharge ] t� permit, proceed to item 4. Otherwise proceed directly to item 5. � - n4. If you meet the condition co stated above, check here s and supply the information asked for below. After completing these items, please complete the date, title, and signature blocks below and return this form to the proper reviewing office without completing the remainder Of the Porn. A. Name of organization responsible for receiving waste B. Facility receiving waste: 1, Name 2. Street address 3. City 4. County � // 5. State 6. ZIP d Principal product, Ora. material (Check one) G;;7W1 ✓ S `f' IiN wS 1 -vtm p� 6. Principal process ca-EZ �ar,a I/,. 7. Maximum amount of principal product produced or raw material consumed per (Check one) Amount Basis 7-99 -100-199 200-499 1 500-999 1000- 1 5000- 10,000. 50,000 4999 9999 49,999 or more (1) (2) (3) (4) (5) (6) (7) (8) A. Day AGsz n B. Month Year PNE VIOUE EDITION MAY BE UOEO UNTIL 1UweLV Ip EX-AUSTEO a. in Item /. above. of yrl ncipa uhu 1. prwhu nil r raw nmlrrlal run..... \ IWn IrA In Iltwn /, above, Is meesum. in (Llnak unn): A.0 Pounds 8.0 tons C•Obarrels 0.0 bushels E.o square feet n r,.• F.Ogallons G.Opieces or units N.Oother, specify I- 9. (a) Check here if discharge occurs all year a , or (b) Check the month(s) discharge occurs: / / / l.OJanuary 2.0.February 3„OMarch 4.WApri1 5-IN may 6.lYJone ],dly fl. Y9p s[ 9. September IO. ctober 11.o November 12.0 December (c) Check how many days per week: 1.01 2.0 2-3 3.0 4-5 4.o 6-7 10. Types of waste water discharged to surface waters only (check as applicable) volume treated before i Flow, gallons per operating day discharging (percent) Discharge per operating day 0.1-999 1000-4999 5000-9999 10,000- 50,000- one 0.1- 0- 95- 49,999 or more 29.9 4 100 (2) (3) (4) IS) (6) (7) (10)(1) A. Sanit3ry, daily average B. Cooling water, etc. daily average C. Process water, (O / me daily average p. Maximum per operat- ing day for total discharge (all types) GP P 11. If any of the three types of waste iden Ci Pied in item 10,either treated or untreated, are discharged to places other than surface waters, check below as applicable. Average flaw, gallons per operating day Waste water is discharged to: 0.1-999 1000-4999 5000-9999 10,000-49.999 50,000 or more (1) (2) (3) (4) (5) A. Municipal sewer system B. Underground well C. Septic tank D. Evaporation lagoon or pond E. Other, specify 12. Number of separate discharge points: A,O 1 B.O 2-3 C.O 4-5 D.O 6 or more 13. Name of receiving water or waters r-ir le h C 1- 0 P k 14. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and . grease, and ch lent ne (residual). A.O yes B.O no I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. /) c , W, M0—L1—"PCti l— Printed N me of Person Signing Title 1 6, Date Application Signed Signature of Applicant North Carolina General Statute 143-215.6(b) (2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission: implementing that Article, shall be guilty of a misdemeanor pumishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provide. a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) 1992 State of North Carolina Raleigh Regional Oftice . Department of Environment, Health and Natural Reso tomes Division of Environmental Management 512 North Salisbury Street• Raleigh,North Carolina 27604 Jones G.Martin,Governor George T.Everett,PhD C William W.Cobey,Jr.,Secretary Director April20, 1992 'i C.W. McCrackine _ t Cherokee Ruby Mine 310 Ruby Mine Road t. Franklin, NC 28734 A Subject: Acknowledgment of Civil Penalty Assessment Cherokee Ruby Mine �Ivlxoah-rCdtlltfy '` File No. RV 92-037 et Dear Mr.McCiackine: This is to acknowledge receipt of your check No. 557 in the amount of $350.00 received from Cherokee Ruby Mine on April 16, 1992. i This satisfies in full the civil assessment levied against Cherokee Ruby Mine and this case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations of your permit. If there is a need for any additional information or clarification, please do not hesitate to contact Robert Farmer at(919)733-5083 Sincerely, } J. Kent Wiggins, Supervisor Facilities Assessment Unit E C" F..: VVV) cc: VWte� YiRegtdi`Sal Sihp6tVikor`"`Jl .Dater Enforce ntra/Compliance File-w/attachments Central Filesp� ASlleviile 2t;Jt�:t•l illy: , Asheville, IturYh Umlioo Pollution Prevention Pays P.O. Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer g W tnr Qu ty sl,ctian APR' - 1 1`2 State of North Carolina ;sheville NON1e1 ON Mt Department of Environment, Health and Natural Resou%gkvipe, North calolim Division of Environmental Management 512 North Salisbury Street• Raleigh,North Carolina 27604 James G.Martin,Governor George T.Everett,PhD William W.Cobey,Jr.,Secretary Director March 27, 1992 CERTIFIED MAIL RETURN RECEIPT REQUESTED C.W. McCrackine Cherokee Ruby Mine 310 Ruby Mine Road Franklin, NC 28734 Subject: ASSESSMENT OF CIVIL PENALTY FOR VIOLATION OF THE RENEWAL REQUIREMENTS Cherokee Ruby Mine NPDES PERMIT NO. NC0007048 Macon County RV 92-037 Dear Pemrittee: This letter transmits notice of a civil penalty assessed against the subject facility in the amount of $350.00. This assessment is based upon the fact that a request for renewal of the subject permit was not received by the Division of Environmental Management at least 180 days prior to the expiration date contained in the permit. The renewal request requirement is contained in your permit and/or North Carolina General Statute (N.C.G.S.) 143-215.1(c). Based upon the above fact, I conclude as a matter of law that the subject facility violated or failed to act in accordance with the requirements of N.C.G.S. 143-215.1. A civil penalty of not more than $10,000.00 per day, in accordance with N.C.G.S. 143-215.6A(a), may be assessed against a person who fails to comply with the terms, conditions, or requirements of a permit required by N.C.G.S. 143-215.1. Based upon the above facts and conclusions of law, I hereby assess the subject facility a civil penalty in the amount of$350.00 for violation of N.C.G.S. 143-215.1(c), pursuant to delegation provided for by N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Pollution Prevention Pays P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Within thirty (30) days receipt of this notice,you may: 1. Submit verification that the permit is no longer needed: If the permit is no longer needed and no wastewater will be treated by the permitted facility, please complete the attached request for permit rescission. Upon verification of this fact by our regional staff,the permit and the civil penalty.assessment will be rescinded; OR 2. Submit verification that the wastewater treatment system was transferred to another responsible par y prior to expiration of the pemrit: If the wastewater treatment system was sold or otherwise transferred to another responsible party prior to the expiration date of the petrait,please complete the attached certification. Upon verification of this fact by our regional staff, the civil penalty assessment will be rescinded; OR 3. Submit payment of the penalty Payment should be made to the order of the Department of Environment,Health,and Natural Resources (do not enclose waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s); OR 4. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in this assessment letter. Because a remission request foreclosures the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual issues in dispute. You must execute and return the attached waiver and stipulation form to this office with a detailed statement which you believe establishes that: - (a) one or more of the civil penalty assessment factors in G.S. 143B-282.I(b) were wrongfully applied to the detriment of the petitioner, (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had not been assessed civil penalties for any previous violations; and/or (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. OR t 5. Submit a written request form administrative bearing If you wish to contest this civil penalty assessment letter, you must request an administrative hearing. This request must be in the form of a written petition,conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings,Post Office Drawer 27447, Raleigh,North Carolina 27611-7447. A copy of the petition must be served on: Mr.Dan Oakley Attorney General's Office Department of Environment,Health and Natural Resources P.O. Box 27687 Raleigh, North Carolina 27611 If options 1, 2, 3, or 4 are chosen, please send your payment or response to the following address: Mr. Robert Farmer Department of Environment,Health.and Natural Resources Division of Environmental Management Water Quality Section Post Office Box 29535 Raleigh, North Carolina 27626-0535 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. If it is not demonstrated to us that your conduct of the permitted activity has ceased or will cease by the permit expiration date,failure to apply for a permit extension within 30 days of receipt of this letter will result in the assessment of additional penalties. If the permit expired or expires prior to the permit reissuance,the permittee will be subject to additional penalties for the operation of a wastewater treatment facility without a permit. If you have any questions,please do not hesitate to contact Mr.Robert Farmer at 919/733-5083. Sincerely, C George T.Everett Attachments cc: Water Quality Regional Supervisor Compliance/Enforcement File Central Files FACILITY r keyAte Rviu COUNTY M a ,o rn CLASS MAILING ADDRESS Mv. Q. 14A MPC,ack,: & ww..er 310 RuL4 14 ,-ma Rd A/. 4f, 28'75 'f RESPONSIBLE FACILITY OPERATOR OFFICIAL REPRESENTATIVE TELEPHONE NO. L',w, M"C„a.4,"me yef S24 .cd84 WHERE LOCATED CERT. NUMBER CLASS NPDES PERMIT NUMBER NCC)00 '7o4,y OTHER PERMIT NO. ,/ STATE FEDERAL DATE ISSUED i yp— DATE ISSUED I ilv5 R'J EXPIRATION DATE 3 1 3"vli R 2 STREAM: NAME r� Iev Fwk r ppR CLASS C 7Q10 SUB-BASIN 04 04 Of f/. Tenn. rECF..9VED Water Quality Section OCT 2 0 M2 aeville Regional (+ft State of North Carolina %hevllle, North carom, Department of Environment,Health and Natural Resources Division of Environmental Management 512 North Salisbury Street•Raleigh,North Carolina 27611 James G.Martin,Governor A.Preston Howard,Jr.,P.E. William W.Cobey,Jr.,Secretary Acting Director October 28, 1992 C.W.McCraeldne, 310 Ruby Mine Road Franklin,NC 28734 Subject: Permit No. NC0007048 Cherokee Ruby Mine Macon County Dear Mr. McCrackine: In accordance with your application for discharge permit received on April 16, 1992, we are forwarding herewith the subject state - NPDES 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 December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be, in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II,EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management 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 Mr. Charles Lowe at telephone number 919n33-5083. Sincerely, Original Signed By Colson H. Sullins A.Preston Howard,Jr. cc: Mr.Jim Patrick,EPA rAsheville Regional Office Pollution Prevention Pays P.O.Box 29535,Raleigh,North Carolina 2 762 6-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer l� � ' Permit No. NC0007048 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE 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, C.W.McCmckine is hereby authorized to discharge wastewater from a facility located at Cherokee Ruby Mine on NCSR 1343 Cowee Valley Macon County to receiving waters designated as Caler Fork Creek in the Little Tennessee River Basin in accordance with effluent limitations,monitoring requirements,and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective October 28, 1992 This permit and the authorization to discharge shall expire at midnight on October 31, 1997 Signed this day December 1, 1992 Original Signed By Coleen H. Sullins A.Preston Howard, Jr., Acting Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0007048 SUPPLEMENT TO PERMIT COVER SHEET C.W.McCrackine is hereby authorized to: 1. Continue the discharge of wastewater from a tourist gem mining operation and employ a'Best Management Practices"program as outlined in A(1)from a facility located at Cherokee Ruby Mine,on NCSR 1343, Cowee Valley,Macon County (See Part III of this Permit),and 2. Discharge from said treatment works at the location specified on the attached map into Caler Fork Creek which is classified Class C waters in the Little Tennessee River Basin. r ' M J r FIR AM I PON ,cbTflfihYr�IILR'rlRU d -�.��t_ . ,k-, � ��� . ►mil � . I _- . . . . q � B ( ! ) � ! ] a } \ } \ ■ 7 $ . # d ) \ a � � \ > \~ 7 a s s $ )] ] \ f ) ) 2 \ @ ) \ a 2S � a . R7 ]] www » ) � E / /) § . ! § i « « « 0 \! 7 � l � kkkk $f } ! B" ) § tq \ 2\� � � � | {£ \ ■ / . \ a n PART I i Section B. Schedule of Com2liance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in, accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance,the permittee shall submit either a report of progress or,in the case of specific actions being required by identified dates,a written notice of compliance or noncompliance. In the latter case,the notice shall include the cause of noncompliance,any remedial actions taken,and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS 1. Permit Issuing Anthority The Director of the Division of Environmental Management. 2. DFMor Division Means the Division of Environmental Management,Department of Environment,Health and Natural Resources. 3. 1= Used herein means the North Carolina Environmental Management Commission. 4. Act or"th Act" The Federal Water Pollution Control Act,also known as the Clears Water Act,as amended, 33 USC 1251, et. seq. 5. Masc, ay Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore,an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported The limitation is identified as "Monthly Average"in Part I of the permit. b. The "weekly average discharge is defined as the total mass of all daily discharges sampled and/or measured during the calendar week(Sunday- Saturday)on which daily. discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is,therefore,an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported This limitation is identified as "Weekly Average"in Part I of the permit c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This Yimiration is identified as "Daily Maximum,"in Part I of the permit n n Part I[ Page 2 of 14 d. The"average annual discharge"is defined as thetotal mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such year. It is,therefore,an arithmetic mean found adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reporrrd. Tbis limitation is defined as"Annual Average" in Part I of the permit. 6, Concentration Measurement a. The"average monthly concentration,"other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such month(arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration fa composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under"Other Units"m Part I of the permit b. The "average weekly concentration,"other than for fecal coliform bacteria,is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week(Sunday/Saturday)on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the anthmetic mean (weighted by flow value) of all the samples collected durmg that calendar day. The average weekly count for fecal coliform bacteria is the geometric meanof the counts for samples collected during a calendar week. This limitation is identified as "Weekly Avenge"under"Other Units"in Pan I of the permit c. The"maximum daily concentration"is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum"under"Other Units"in Part I of the permit d. The"average annual concentration,"other than for fecal coliform bacteria,is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value>s equal to the concentration of a composite sample or in the case of grab samples is the anthmetic mean(weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal colifonn bacteria is the geomemc mean of the courts for samples collected during a calendar year. e. The"daily average concentration"(for dissolved oxygen)is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day,the sample is considered to be the"daily average concentration"for the discharge. It is identified as "daily avenge"in the text of Part L Part11 Page 3 of 14 f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part 1 of the permit. g. k calendar quarter is defined as one of the following distinct periods:January though Mash,April though June,July though September,and October through December. 7, rkher MeacLTMm n c a. Flow, (MGD): The now limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling,when both the sample and flow will be representative of the total discharge. c. A "continuous now measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. g. Lpes of S4mule0 a. Composite Sample: A composite sample shall consist of: (1) iod of discharge aries of mend combab ined proportionales collected at l to thqual e time of flow measured intervals over a 24 at die ur me of individual sample collection,or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above,the time interval between influent grab samples shall be no greater than once per hour,and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a. detention time of greater than 24 hours. In such cases,effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four(4)during a 24 hour sampling period b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes;the grab sample can be taken manually. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Part H Page 4 of 14 b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antllog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero(0) shall be considered to be one(1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of are day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11.Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant w Section 311 of the Clean Water Act. 12.Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1)of the Clean Water Act. SECnON B. AL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d)of the Clean Water Act. within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not toexceed$25,000 per day for each violation. Any person who negligently violates anY permit condition is subject to criminal penalties of$2,500 to$25,000 per day of violation,or imprisonment for not more than 1 yeaz, or both. Any person who knowingly violates permit conditions is subject m criminal penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both. Also, any person who violates a permit condition may be assessed an administrative pen. ty not to exceed $10,000 per violation with the maximum amount not to exceed$125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] Part II Page 5 of 14 c. Understate law,a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes§ 143-215.6(a)] 2. MIX to Mtigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment 3. Civil and Ctiminal l iabiliry Except as provided in permit conditions oil 'Bypassing" (Part II, CA) and "Power Failures" (Part II,C.7.),nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4, nil and lalazardom Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities,liabilities,or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore,the permittee is responsible for consequential damages,such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. EMRUWJWhll The issuance of this permit does not convey any property rights in either real or pvate proersonal xclrtyor property, ny invasion o or f personal rights,nor any nor does it authorize infringe infringement of Federal, Stat to e or local laws or regulations. 6, Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. 9everabilily The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances,and the remainder of this permit,shall not be affected thereby. � n Pan II Page 6 of 14 8, Duly to provide Information The permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required to be kept by this permit. 9. rhlty R =ly If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the perminee must apply for and obtain a new permit. 10.Fxpiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date,the permittee shall submit such information,forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge that has not requested renewal at least 180 days prior to expiration,or any discharge that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. l l.:i_enatory Ree ++ m ntc All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified a. All permit applications shall be signed as follows: p) For a corporation: by a responsible corporate officer. For the purpose of this 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) municipality, r r tt For a palittySe,at Fluted official.other public agency: by either a principal executive b. All reports required by the permit and other information requested by the Permit Issuing Authority 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 - Part ll Page 7 of 14 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 Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a.or b.of this section shall make the following certification: "I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my in of the person or persons who manage the system,o those Persons directly responsible for gathering the information,the information submitted rs, to the best of my knowledge and believe, true, accurate, and complete. I am aware that there are sigcant penalties for submitting false information,including the possibility of fines and imprisoment fo knowing violations." 12.Permit Actions This permit may be modified,revoked and reissued,or terminated for cause.The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13.Permit Modification,Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit,or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143.215.1 et.al. 14. Previous Permits The exclusive authority to operate this facility arises under this permit. The authority to Operate the facility under previously issued permits bearing this number is no longer effective. The conditions, requirements,terms, and provisions of this permit authorizing, discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. ep=N C OPERATION AND MAINTENANCE OF PO 1 ON CONTROLS 1. artified Oo=UM Pursuant to Chapter 90A-44 , of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge(ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The permntee shall notify the Division's Operator Training and Certification Unit within thirty days of any change in the ORC status. Part 11 Page 8 of 14 2, E=er Qperation and Maia= ante The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Ned to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4, gypa sing of Tmatment FaciLties a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c.and d.of this section. c. Notice (1) Ant cipated bypass. If the,permittee knows in advance of the need for a bypass,it. shall submit prior notice, f possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. - (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Pan 11,E.6.-of this permit. (24-hour notice). d. Prohibition of Bypass p) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass,unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; Pan II Page 9 of 14 (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (c) The permittee submitted notices as required under Paragraph c.of this section. (2) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse affects,if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d.(1) of this section. 5. UVgets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permrttce. An upset does not include noncompliance to the extent caused by operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive maintenance,or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c.of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance,is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs,or other relevant evidence that (a) An upset occurred and that the permittee can identify the cause(s)of the upset; (b) The permit=facility was at the time being properly operated;and (c) The permittee submitted notice of the upset as required in Part II,E. 6. (b) (B) of this permit. (d) The permittee complied with any remedial measures required under Pan II,B.2.of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.- Part E Page 10 of 14 6. Re eA 4UhcL= Solids, sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The perittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503,any permit issued by the Permit Issuing Authority for the disposal of sludge may be reopened and mowed, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Pan 503 Standards for the Use and Disposal of Sewage Sludge(when promulgated)within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7, pow r F ilures The permince is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 211, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D MQhUMMG AND RFCQ= 1. Repregentaflyt Smnl'n¢ Samples collected and measurements taken,as requited herein,shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall betaken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specked in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. RQmrdng Monitoring results obtained during the previous month(s) shall be summarized for each' month and reported on a monthly Discharge Monitoring Report (DMR)Form (DEM No. MR 1,1.1, 2, 3)or alternative fors approved by the Director,DEM,postmarked no later than the 30th day following the completed reporting period. The lust DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,and all other reports required herein,shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh,North Carolina 27611 n C Pan II Page 11 of 14 3. ElQBLbkL%s+Pments Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10%from the true discharge rates throughout the range of expected discharge volumes. Once-through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Pan I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq,the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act,as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving etia ho l permit gpl thenthe ost minimum nsi method with owetpossbledetection andreporting evel) approved method must be used 5. pgpaltiesfor Tamnelin¢ The Clean Water Act provides that any person who falsifies,tampers with,or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation,or by Imprisonment for not more than two years per violation,or by both. 6. Records Retention The pennittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitorin instrumentation, copies of all reports required by this permit, for a pens of at least 3' years from the date of the sample,measurement,report or app period may be extended by request of the Director at any time. 7, Recording Ecs,I s For each measurement or sample taken pursuant to the requirements of this permit. the permitme shall record the following information a. The date,exact place,and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s)analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. Part II Page 12 of 14 g. In4rwadmiva._d= The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law,to; . a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of this permit; b. Have access to and copy,at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices,or operations regulated or required under this permit;and d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location. gFCTI1NF REPORTING REQUIREMENTS 1. Cha„g 'nrL..U&h= All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Ch ngcs _ The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29(b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit,nor to notification requirements under 40. CFR Par 122.42 (a) p). 3, Anticipated Noncompha,= The petmittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. n n Part II Page 13 of 14 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report(DMR) (See Part II. D. 2. of this permit). b. If the permittee monitors any pollutant more frequently than rrquired by the permit, using test procedures specified in Part 11, D. 4. of this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit 6. Twenty-four Hour Reporting a. The permittee shall report to the antral office or the appropriate regional office any noncompliance which may endanger health or the environment. Any reformation shall be provided orally within 24 hours from the time the permitter became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance,and its cause; the period of noncompliance, including exact dates and times,and if the noncompliance has not been corrected the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate,and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in the permit (B)Any upset which exceeds any effluent limitation in the permit (C)Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7, OtherNoncompth The permittee shall report all instances of noncompliance not reported under Part Il.E. 5 and 6.of this permit at the time monitoring reports are submitted The reports shall contain the information listed in Part B.E. 6.of this permit. 8. Other Lnformad Where the permitter becomes aware that it failed to submit any relevant facts in a permit application,or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information. Part 11 Page 14 of 14 9. Noncompliance Notification The pemdttee shall report by telephone to either the antral office or the appropriate regional office of the Division 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 water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic,such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility;or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,compressors,etc. c. Any failure of a pumping station, sewer line,or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. AIdIUAULR== Except for data determined to be confidential under NCGS 143-215.3(a)(2)or Section 308 of the Federal Act,33 USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false penalties as provided fore in NCGS 1ent on 43.215.1such @)(2)or in Section 309 of trt may result in the thhe Federal Aux.sition of and 11, Penalties for Falsification of RZ= The Clean Water Act provides that any person who knowingly makes any false statement, representation,or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than $10,000 per violation,or by imprisonment for not more than two years per violation,or by both. PART ID CTMER REQUIREMENTS A. Cone + rien a or o thep ant's treatment No construction of wastewater treatment f&c"'t a the ueatrtt Mt tions t l o add[ ant shall - begun until Final capacity or to change the type process Plans and Specifications have been submitted to the Division o Environmental Management and written approval and Authorization to construct has been issued. $, Groundwater Monitorin¢ The permittee shall,upon written notice from the Director of e o de1C�ne Environmentalcliance Management,conduct groundwater monitoring as may be required of this NPDES permitted facility with the current groundwater standards. C. Changesin DUchargCLDITOXICSubstances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: ld result in the a rThat outine or frequents basi has s,of any tocurred or xic pollutant l occur which which is notlimited in the permit, that discharge will exceed the highest of the following "notification levels' (1) One hundred micrograms per liter 000 ugll) (2) m3crograms��e�alitertt liter(50020 ugg/1)for forrol214addinitrophenlolft andnfo 2-methyl-4.bdinroophenol;and one milligram per liter 0 or t for antimony: (3) Five(5)times the maximum concentration value reported for that pollutant in the permit application. in any b nonlroulinetorrin has f infrequent bass,00f atll toz occur cpollu anh wh ch i ould s nottlimited nt theapermit,if that discharge will exceed the highest of the following"not fication levels 0) Five hundred micrograms per liter(500 uglq; (2) One milligram per liter 0 m9A)for antimony; (3)Ten 00)times the maximum concentration value reported for that pollutant in the permit application. Part III Permit No. NC0007048 D. ENGINEERING ALTERNATIVES ANALYSIS CONDITION The permittee shall continuously evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty(60) days of notification by the Division. E. Phosphorus to Mine Waters Condition Any actions or functions performed by the permittee that adds phosphorous to mine waters are prohibited by the Permit PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty)days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Quuh Ly S2^,lion � 3§ AUG ''� 1 1987 n i , ry ee State of North Carolina Vici,1'.��� .^., i o i i Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary August 20, 1987 Director Mr. C. W. McCrackine, Owner Cherokee Ruby Mine 310 Ruby Mine Road Franklin, N.C. 28734 SUBJECT: Permit No. NC0007048 Authorization to Construct Cherokee. Ruby?Mine Settling Ponds Macon County,, Dear Mr. McCrackine: A letter of request for an Authorization to Construct was received March 25, 1987,. by the Division and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of a 0.30 MOO wastewater treatment facility consisting of a wash flume with water flow regulating device for limiting inflow to 300,000 gallons per day, a. primary settling pond, and a final settling pond with 300,000 gallon minimum holding capacity and 1 foot minimum freeboard controlled by an effluent weir to serve Cherokee Ruby Mine. This Authorization to Construct is issued in accordance with Part III paragraph B of the NPDES Permit No. NC0007048 issued July 17, 1987, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0007048. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143.215. 1 and in a manner approvable by the North Carolina Division of Environmental. Management. The Asheville Regional Office, telephone number 704/253-3341, shall be notified in advance of operation of the installed facilities so that an in-place inspection can be made. Such notification to the Regional Supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. In event the facilities fail to perform satisfactorily in meeting its NPDES permit effluent limits, the permittee shall take such immediate corrective action as may be required by this Division, including the construction of additional wastewater treatment and disposal facilities. Pollution Prevention Pays P.O.Bar 27687, Raleigh,Non,Carolina 27611-7687 Telephone 91a733 M15 An Equal Oppoounity Affinnafiw Action Employer rl Minimum freeboard in the settling ponds shall be one (1) foot. The final settling pond shall have a minimum holding capacity of 300,000 gallons to provide 24 hours detention time. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Mr. Robert Teulings, telephone number 919/733-5083, extension 177. Sincerely, Original Signed By Arthur Mouberry Fff. Paul Wilms cc Macon County Health Department Asheville Regional Supervisor Mr. Dennis R. Ramsey 1�atas?��,2__-__ NPDES STAFF REPORT AND RECOMMENDATIONS County ;Macon NPDES Permit No. NC0007048 PART I - GENERAL INFORMATION 1 . Facility and. Address : gherokeeRuby Mine. 310 Ruby Mine Road Franklin, North Carolina 28734-9443 2. Date of Investigation : March 5, 1987 3. Report Prepared By : W.E. Anderson' 4. Persons Contacted .and Telephone Number : C.M. MCCrackine 704/524-5684 5. Directions to Site : From the intersection of NCSR 1343 and NCSR 1345, ravel east on NCSR 1343 approximately 1.1 miles to the Cherokee Ruby Mine s�!ravel on the left. 6. Discharge Point - Latitude : 35° 151 52" I( Longitude : 830 21' 02" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. I U SGS Quad No . 166-SE (FSSE) or USGS Quad Name Greens Creek i 7. Slze (land available for expansion and upgrading) : N/A i 8. Topography (relationship to flood plain included) ! Relatively flat. 9 . Location of nearest dwelling: Greater than 500 feet. 10 . Receiving stream or affected surface waters : Caler Fork Creek A. Classification : "C" b. River Basin and Subbasin No . : Little Tennessee 04 04 01 ( C . Describe receiving stream features and pertinent downstream uses : There are several tourist gem mines downstream from this facility. II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1 . Type of. wastewater : % Domestic ino % Industrial a . Volume of Wastewater : 0.30 MGD b . Types and quantities of industrial wastewater: 300,000 gallons per day of muddy water from a tourist gem mining operation. C . Prevalent toxic constituents in wastewater : None d . Pretreatment Program (POTWs only) N/A in development approved should be required not needed. 2 . Production rates (industrial discharges only) in pounds N/A a . highest month in the last 12 months b. highest year in last 5 years 3. Description of industrial process (for industries only) and applicable CFR Part and Subpart : N/A i 4. Type of treatment (.specify whether proposed or existing) : Proposed "Best Management Practices" system consisting of flow limiting, 24-hour detention time, final settling pond, influent and effluent structures. 5. Sludge handling and disposal scheme: N/A 6. Treatment plant classification : None required. 7. SIC Code(s) 7999 - Wastewater Code(s) 44 _ART III - OTHER PERTINENT INFORMATION 1 . Is this facility being constructed with Construction Grants Funds (municipals only) ? N/A 2. Special monitoring requests : None 3. Additional effluent limits requests : None 4. Other: PART IV - EVALUATION AND RECOMMENDATIONS This permit is requested for a "Best Management Practices" tourist gem mine treatment facility. There is adequate space to construct the facility. The permit should be reissued/renewed as soon as possible. i Si nature of. report: ppreparer ater Q al , y Regional Supe lsor I h) Asheville Regional Office State of North Carolina Asiloviuo, Nm7tll coroune Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms { S. Thomas Rhodes Secretary Director r, Il I rr-1'I w.c' Subject : NPDES Permit Application NPDES Permit No. NC000 '7O/(-l', / A� n 0Ae1 e.'In County Dear �(.I N' I�Ii f,!,y��.c <.I'-'v This is to acknowledge receipt of the following documents onji(' j,g ! Application Form, Engineering Proposal (for proposed control facilities) , Request for permit renewal , Application Processing Fee of $_106,,per> , t/ Other The items checked below are needed before review can begin: Application form (Copy enclosed) , Engineering Proposal See Attachment) , Application Processing Fee of $ Other If the application is not made complete within thirty 30 days, it will be returned to you and may be resubmitted when. complete. This application has been assigned to 4'( �c. ,.)ltc I ,f(919/733-5083) of our Permits Unit for review. You will be advised of any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge . If you have any questions regarding this application, please contact the review person listed above . 1 n�er a-]fy, ll L " Arthur Mouberry, P.E. Supervisor, Permits and Engineering cc : .I'p 1 !)�t i/ 1'� Pollution!invention Pays P.O.Box 2]68], Raleigh, North Carolina 2]611768] Telephone 919]33-]015 An Equal Opportunity Affirroaeve Action Employer O, 10. � a �87 ez � AV c> ° y ,NpD ,CS Per ,'7` NCvao ?aS� B DIVISION OF ENVIRONMENTAL MkNAGEMENT WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE M E M O R A N D U M TO: Gil Vinzani (lam FROM: IV. E. Andersoag"� SUBJECT: Authorization to Construct Cherokee Ruby Mine Macon County, North Carolina DATE: March 30, 1987 ---------------------------------------------------------------------------- On March 5, 1987, I inspected the Cherokee Ruby Mine site. Mr. McCrackine has ample space to construct 'Best Management Practices" treatment facilities. Authorization to Construct should be issued after Permit NCOOD7048 is renewed. The permit expired March 31, 11986. If clarification is needed, please let me know. IVEA:sb v Yvv v VIM cr aAUR r"au lMi hL'AXgV;.::a -,uy;to�nSSox 34' S4)'7� " e. s aiccaaccino, rocrotoxy^Trommtw / ,eetovn t.horokoo Tend, 111c. G/ j 4iouto 4, 4tss -U," RECEIVED zr rsrdtlln, taorth +;arolino at 73?, Water Quality Division bill cTa 1>emait No. w4`v SEP 19 1973 s�'sorokoe mina Macon County Western Regional Office Asheville, North Carolina near i1r. iloGrackinoz �. 1n socordruloo With your ow lication TOOOLVoO .,pl;tclflbor 41, 1973, Vie uro forwarding ho.-Owlth Ioxmit No. 2942, dotod 140 1973, to 40otorn Cherokee Loncl, Tnc., cTioxokoo Saone, Mown County, for tiro 01:=Cr8t1Ore Of the Oxioting 30,000 G1) waotowate>a treatment facilities conoirsting, of tuo (2) Bottling Y:oalue In sorloo to tweet the waotowator I £rem the +.taorolcoo f31np, And they dischai've of tho final Offluont Into COL"ror ";Took' o triLute y to the Little TonnOosoo &aivor. Vila tormit oh ll he of ective fort the date of Ito ioauenoo until .3uly 1, 1977, and shall be rW7Joct to the conditions ono, limitationo as opeciflod thorcln. y Uno (1) act of rp.,dxoved 1lanc and opoclflootionc is bolnrt sont to yen. I "inoor-aly yours, 1 i & // brard iealotant 'Arector 'A7closuroo kh7a tir. J. �;rralq aO,`;Cnzio Macon County de'alth 1,101'eafmont '3i L. i'• Bouton, Jr. Me: ao 3d. uatll ✓ Mr. M. it. 1 color Toonnical : orvlcos f'dtil/<d(I a s i aIiEVF 0 "@A -i HO hnoi;� f r cVJ 'anilous:) rlho�l ,•ialy;>iti;A I j i! I l I 1 d NORTH CAROLINA DEPARTMENT ..)F NATURAL AND ECONOMIU RESOURCES OFFICE OF WATER AND AIR RESOURCES Raleigh , North Carolina PERMIT For the Discharge of Sewage, Industrial Wastes, or Other Wastes In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina j as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO 1 iL1G$0£ta GlaD3'ukoo Lanis Im. / thorbi:eo fliltat7 j/// 1 hvaoan t"ounly FOR THE o;o +tion of ttio oalotiny, 3t),000 C.n wastonator troat'Aent %a0111tieu conraaotlnJ of tcxa (2) EiattlIng I:oncln In aovlatt to treat 1-1ao vrsaetet;atov 11,ou toe tlaoroleoca tdilnos and; the sdleolango of tho final offlu¢art Intta p Qovvo 'dToolte a trihutaay W tho LIttlo Toro eswo lAvor, In accordance with the application received ------ 19_`8 and in conformity with the plans, specifications, and other supporting data, all of which are filed with the.Office of _ Water and Air Resources and are considered a part of this Permit. This Permit shall be effective from the date of its issuance until ----;ji17?j--1.9.�sP7------- and shall be subject to the following specified conditions and limitations: 1 Thin g*Mrdt eliall b0000a Vega unlnoo the kcilitler wore constructed in nccoruuncc with •i'rao 0;'groved o�Ilona, oclfloatlonrn@ an9 other cui,o- tug &The* P 3. This yosmlt is offoctivo only with renract to the natuxe andvoleano uf eaa€,teo cdo=Abod in tbo eii:i1leation and other ouli;ortinca data. a. Tho dlochor<Io vr111 not Increase rocolvini ntxewa turbldity by an aanount greater than 10 J&.01toon lttcbicdity linita. 4. In event ihoeo facw.tioo I roduco nn effluent contaloing tooro than 0.1 cal fl of 00 rolnuto :;aktlealalo sollcdo os othrandw €fall to. I,rcduce an offluent of such gmllt;g to arotaot tho rocelving ststoaf'o. Gastoxn Ctaomhuo 1.en la inco shall take aueh lnrmaiato corroctive Action ne Holy be roclaisred by tho w2loo of Uoter nal air Lowurcoo. 5. ica:oxts en tiao quroticno of rho ;acllltleo oho11 1* cuPralttod to 1w utta"'' of the r4 th Cuellnw Vftco of ,aator nncl ally bescuruea at ro(plar Intervals and in ouch folul and dota4l ao may No woqulred by t1w I)oayrd or itn otinlnlsvxetive stoyf. 6. l:0 40xn UIO-Vokoe .rand, Ino..y at loas•C Glx (6) cxrotho g,rior to tho om-lrotlou of dale 1_oulta'sto shall requos=. Its extension. mien xocoli;t of the aatltaoatp the board rllll ravlori 1 V-1c ndocuacy ©u' the 1.1101 .itlos d0cer2£a4tl tholoinp and 2P IIndicated, w411 eetond tiro g:eirnit few mch J mAued of tifao wo uncdar such condltluns and 111a4vatlons as uco'nod i roi er. 7 Ihlo jr €a + luu; 1 eutotaatnx kxoatnant l lent csalch xoegalroo t:wt the e,;orotor In 3 reaitano3.F�lo chorue nol,d ,i valld ixado I i)ortlEianto. Permit issued this the -___ 14tS___ day of _ 'VV Ln- ros_ 7`' __ 19 By As4ant Director Permit No. 1Z4rt____ Office of Water and Air Resources E � Y S N l U O `G n meN cer m ED V;VR a Vi , EIheM Oh Cnlel 4. TEhnEE a ar.M q CYrM o5vtln�' N q s ¢ 4 JJ 1]12 x.e 1 SB LIE µ I — rs a H VEP (11/ lolls I �k 7 re KIN jN08 8 x�ee � ➢Y-.m055� ^AL,i4 RN06 ON. IN, ft II �IY 0 G`V ]A llPl liBl `p °Ne S T q ONION OhS ,a`j OWnPOpCRY� xo 8 a, x n ME Ie ra� riA�j �nq I !"RII11 ) I ((II; xprbmill: u. I 8 Ales Q'i n Lea �m ueN� t . oh nPCoMr� _ Lai Y 4 u`p Lu 0' '.L+� NaMel Sy <anm0 Ye HVrer a� \ e.Cme rr.x. �jdK l '� OOBSON. 2a �9 ` N Netlh � tl b T. �T c� u4 SAttMb i— l i CVLWSAIAA i ma 110 t'") (") p �