WQ0006560_Permit (Issuance)_19801219

A-
.P
DIVISION OF ENVIROWUNTAL H&UGUMNT
December 19s 1930
V
bi,��e r - Quality Div' -
Mr. Brown L, Johns Division
Mason Mountain Rhodolite and Wby Mine
Route 4, Box 742 DEC 3 0 1980
Franklin, North Garoliva 28734 Western Regional onal Office;'
SUBJECTI Per-adt No. 6341 Asheville, North Carolina,
Hro'Browa Lo Johnson (Pwuer)
Hanou Houutain Miodolite and Ruby Hine
Macon County
Dear Mr. Johnson;
In accordance with your application received October 23, 1980, we are
forwarding he Permit No., 6341, dated December 19, 1930g to Mr. Brown L.
Johnson - (Oftmer) for the construction and operation of the subject non -dis-
charge Uypa waste treatmeut facilitiez.
This permit shall be effective from the date of issuance until Jauuary 1,
1983, and shall be subject to the conditions and limitations as specified
therelat.
if sexy parts, requir*meutso or limitations.contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing before a
hearing officer upon written dezaud to the Director within thirty (30) days
following receipt of thin, permit, identifying the specific issues to be cou"
tended. Unless such dmand is mades this permit shall be final and binding.
Enclosures ,
cc: Macon County Health Departmout
Asheville Regional Supervisor -
Mr. Ae'de Turnages, Jr.
Asheville Regional Office Hauager
Yours very truly,
Original S,-gned By
A. C. TU"'2NAGE, JR,1'
),ail S. Grigg, Director
Division of Unvirouneutal IL-Wagament

� -
NORTH CAROLINA
ENVIRONMNTAL Y"GDZNT CONaSSION
E R X I T
-For the Discharge, of Sewage, Industrial Wastess or Other Wastes
In accordance with the provisions of Article 21 of Chapter 1,43, General
-Statutes-of North Carolina ao inaen4pd, and other applicable Lawal, Rules, and
Regulations
PERMISSION I$ HEREBY GRANTED TO
Mr. Brown L. Johnson (Owner)
Macon County
FOR THE
construction and ' operation of a non -discharging recycle wastewater facility
cionsistin' of three (3) Settling Ponds, an 80 GPM. pumps and a 6-inch force
main to serve the Hason Mountain Rhodolite and Ruby Mine, with no discharge
of -wastewater to the surface watere of the States
pursuant to the application received October 23, 19809 and in conformity with
the project` plans, specifications, and other supporting data, subsequently
filed and approved by the Department of tTatural Resources and Community
Development and considered a part of this, Permit.
This Permit shall be effective from the date of issuance until January Is
1983, and shall be subject to the folloving specified conditions. and limitations%
1. This-,pextdt shall become voidable unless the facilities are constructed
in accordance with the approved plans, specifications'nod other support-
ing data.
2. -This permit is effective only with respect to the nature and volume of
Vastes described in the application and other- supporting data.
3. -The facilities shall be properly ' -maintained and operated at an times.
4. This permit is not transferable.
5. In event the facilities fail to perform satinfactorily;.the P4rmittee
shall tajra such immediate corrective action. as may be required by this
Department*

. ,Permit No 6341
Paget 2
6. Solids, sludges, or other pollutants removed or resulting from the
'wastewater treatment process shall be contained and disposed of In such
a manner as to prevent any contamination of -the surface or ground waters
of they State.
I. Diversion, or bypaosiug of the untreated wastewater from the settling
ponds is prohibited.
8. They Permiittee., at least six (6) months prior to the expiration of this
Permit, shall request its extension. Upon receipt of the request, the
Cormlesion will review the adequacy of the facilities described therein,
and If indicated, will extend the Permit for such period of time and
under such conditions and limitations as it may deem appropriate..
9. The Permsittee shall provide and maintain monitoring facilities and a
ground water monitoring program such as may he -required by the Division
of Environmental Management.
10. Freeboard in the settling lagoons shall not be lease then two (2)
feet at any time.
11. Adequate facilities shall be provided to prevent surface runoff from
carrying any disposed or stored masterial into the receiving stream.
Permit issued this the 19th day of.December, 1980.
NORTH CAROLING ENVIROI WiTAL MAIIAGEMT +COM41SSION
Original Signed By
Ao C. TUP-NAGE, JR.
Heil,Se Grigg, Director
Division of Environmental Management
By Authority of the Secretary of the Department
of Watural Resources.and Community Development
Permit'No. 6341
0

Af
Wesfe:n r e 1"'D{3;cr��f ,
Ce'"1ib®r 3l, 1975 " Offica
Ashevnie_ t,,(,r'rn i..0 ld'.... ..
Mrs. - maertha m. • Johnson, owner
i4ason mountain Rhodolite and Ruby ' lline
R6uta 40 Dem 742
Franklin, North Carolina. 28734
Subjects ?'Qrinit idt>e tdCOO2E1550
Mason •Mountain, Rhodolite and. Ruby -Mine - _
lacon CoimZ :y
Dear Mrs. Johnson:
Your wnplicati.on filed, with the U. S. Environmental Protection Agency
for a NPDIES Permit has been transferred 'to this Agency - for processing in
accordance :with the I°amoranduii of Agreement betsaeon Eforth Carolina and the
U. S.. , Environmental Protection Rgency dated ootoL—,�r 19, 1975. The Public
Notice re,uiroments. of. I.T. C. General Statute 143-215.1 have been 'fulfilled.
We are forwarcu.ng .herewith the siibject State - PiPDES Perm. t. This . Permit
is enforceable =der State lair.
Tf any darts, requirements or limi-t:ations, contained. in this Permit -are,
1raccoptaable to you, you lia e the right to an, adjudicatory hearing before
a hearing 6fEicer • upor),- written dew-mand. to the . Director within . 30 ciayrs following
receipt of this _Permit, 'identifying the specific issues to be cohtended.
Unless such demand is .made, this Permit shall be final and binding, _
Thf.s perm-Ut does not affect t?ze lecsal sequircment to obtain other'
Permits' which r..ixy-ae required by the-Divisiori' of -nnvirofimenta.l Management..
if YOU Gave any questions concerning thisParrdt, please. contact us..
Sincerely,
Lewis R. •Martin
cc: ' Maecon . County • Health Departnent
Mr. - Qeorg6 Harlow?, EPA ,
cY4ster~n Field office

Permit. No. . NCO 0 2 8 )5 0
4
STATE OF NORTH CAROLI14A
DEPARTMENT.GF "4A.TURAL AND ECONOMIC RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
P E R M I T
To Discharge Wastewater Under The NATIONAL
POLLUTANIT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions.of.North Carolina General Statute
143-215.1, other iawful standards and regulations promulgated and adopted
by the North Carolina Environmental Management Commission, and the Federal
Water Pollution Control Act, as amended,
Mason Mountain Rhodolite and Ruby Mine,
is hereby authorized, to discharge wastewater from a facility located at
Franklin, Macon County, North Carolina
to receiving waterS Little Tennessee River
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, and III hereof.
This permit shall become effective DEC 3 1 1975
This permit and the authorization to discharge shall expire at midnight
on December 31, 1980,
Signed this the 3 1 day of DEC. 1975
ENVIRONMENTAL MANAGEMENT COh'MISSION
ewis R. Martin, DIFector
Division of Environmental Management
By Authority of the Secretary of the
Department of Natural and Economic Resources
M ? & i 1

f
Page 2 of 1
Permit No. NC
0028550
SUPPLEMENT TO PERMIT COVER SHEET
Mason Mountain Rhodolite and Ruby Mine
is hereby authorized to: (include only appropriate items)
1. Enter into a contract for construction of facilities necessary to
comply with the conditions of this Permit.
2. Make an outlet into Little Tennessee River.
3. Construct and operate a wastewater treatment facility
located at Franklin, Macon County, North Carolina
subject to Part III, condition No. of this Permit, and
4. Discharge from said treatment works into Little Tennessee River
which is classified Class "�"•
M 2 & I 2

a
A. ( }. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this Permit and lasting until December 31, 1980,
permittee is authorized to discharge from outfall(s) serial number(s) 001 (total site discharge)`. Such
discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
k /da lbs/da _ Other Units (Specify) Measurement Sample Sample
Daily Avg. Daily Max. Daily Avq. - Daily Max. Frequency Type Loca i
Flow-m3/nay (MGD) -- -- -- -- -- --
Total Suspended Solids -- -- 55 mg/l 110 mg/l monthly grab Effluent
Settleable Solids -- -- 0.1 ml/1 0.1 ml/l monthly grab Effluent
Turbidity - The discharge, when mixed with the receiving waters, shall not increase the turbidity of
the,receiving stream by an amount greater than 10 JTU's.
O v -v v
row a.
The pH shall not be less than 6.0. standard units nor greater than O. standard units ® " a �
and shall be monitored C-f.G�
There shall be no discharge of floating solids or visible foam in other than trace amounts. 0 0

Part I
Page 4 of j.2
Permit „o. NC
0 02 855 0
B. SCHEDULE OF COMPLIANCE
1. The permittee shall achieve compliance with the effluent limitations
specified for discharges in accordance with the following schedule:
Operational Level,_ Attained - March 31, 1976.
2. ir'o 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 scheduled requirement.
M 4 & I 4

PART I
Page 5 of 12
Permit No. NC
8550
Act used herein means the Federal Water Pollution Control Act, As Amended.
DEM used herein means the Division of Environmental Management of the
Department of Natural and Economic Resources.
"EMC" used herein means the North Carolina Environmental Management Commission.
C. MONITORING AND REPORTING
Representative Sampling
Samples and measurements taken as required herein shall be representative
of the volume and nature of the monitored discharge.
2. Reporting AD�LICABL
Monitoring results obtained during the previous month(s) shall be
summarized for each month and reported on a Monthly Monitoring Report
Form (DEM No. MR 1.0, 1.1, 1.2, and 1.3) postmarked no later than the 15th
day of the month following the completed reporting period. The first
report is due on . The DEM may require reporting of
additional monitoring results by written notification. Signed copies of
these, and all other reports required herein, shall be submitted to the
following address:
Division of Environmental Management
Water Quality Section
Post Office Box 27687
Raleigh, North Carolina '27611
3. Definitions
a. The "daily average" discharge means the total discharge by weight
during a calendar month divided by the number of days in the month
that the production or commercial facility was operating. Where less
than daily sampling is required by this permit, the daily average
discharge shall be determined by the summation of all the measured
daily discharges by weight divided by the number of days sampled
during the calendar month when the measurements were made.
b. The "daily maximum" discharge means the total discharge by weight
during any calendar day.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to The EMC
regulations published pursuant to N. C. G. S. 143-215.63 et seq., The
Water and Air Quality Reporting Act, Section 304(g), of the Federal Water
Pollution Control Act, As Amended, and Regulation 40 CFR 136.
5. Recording Results
For each measurement or sample taken pursuant to the requirements of
this permit, the permittee shall record the following information:
15

® PART I
Page 6 of 12
Permit No. NC
0028 .50
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed;
c. The person(s) who performed the analyses;
d. The analytical techniques or methods used; and
e. The results of all required analyses.
6. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated
herein more frequently than required by this permit, using approved
analytical methods as specified above, the results of such monitoring
shall be included in the calculation and reporting of the values required
in the Monthly Monitoring Report Form (DEM MR 1.0, 1.1, 1.2, and 1.3).
Such increased monitoring frequency shall also be indicated. The DEM
may require more frequent monitoring or the monitoring of other pollu-
tants not required in this permit by written notification.'
7. Records Retention
All records and information resulting from the monitoring activities
required by this permit including all records of analyses performed and
calibration and maintenance of instrumentation and recordings from
continuous monitoring instrumentation shall be retained by the permittee
for a minimum of three (3) ,years, or longer if requested by the State
Division of Environmental Management.
16

A. MANAGEMENT REQUIREMENTS
1. Change in Discharge
PART II
Page 7 of 12
Permit No. NC
00 83.50,
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. Any anticipated
facility expansions, production increases, or process modifications which
will result in new, different, or increased discharges of pollutants must
be reported by submission of a new NPDES application or, if such .changes
will not violate the effluent limitations specified in this permit, by
notice to the DEM of such changes. Following such notice, the permit
may be modified to specify and limit any pollutants not previously limited.
2. Non compliance Notification
If, for any reason, the permittee does not comply with or will be unable
to comply with any effluent limitation specified in this permit, the per-
mittee shall provide the Division of Environmental Management with the
following information, in writing, within five (5) days of becoming aware
of such condition:
a. A description of the discharge and cause of noncompliance; and
b. The period of noncompliance, including exact dates and times; or,
if not corrected; the anticipated time the noncompliance is expected
to continue, and steps being taken to reduce, eliminate and prevent
recurrence of the noncomplying discharge.
3. facilities Operation
The'permittee shall at all times maintain in good working order and
operate as efficiently as possible all treatment or control facilities
or systems installed or used by the permittee to achieve compliance with
the terms and conditions of this permit.
4. Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse
impact to navigable waters resulting from noncompliance with any effluent
limitations specified in this permit, including sLtch accelerated.or
additional monitoring as necessary to determine the nature.and impact of
the noncomplying discharge.
5. Bypassing
Any diversion from or bypass of facilities necessary to maintain compliance
with the terms and conditions of this permit is prohibited, except (i) where
M8&I7

PART II
-Page 8 of 1 a
Permit No. NC
'002 8Z50
unavoidable to prevent loss of life or severe property damage, or
(ii.) where excessive storm drainage or runoff would damage any.
facilities necessary for compliance with the effluent limitations
and prohibitions of this permit. The permittee shall promptly
notify the Water Quality. Section -of DEM in writing of each such
diversion or bypass.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the
course of treatment or control of wastewaters shall be disposed of in
a manner such as to prevent any pollutant from such materials from
entering waters of the' -State.
7. Power Failures
In order to maintain compliance with the effluent limitations and
prohibitions of this permit, the permittee shall either:
a. In accordance with the Schedule of Compliance contained in Part I,
provide an alternative power source sufficient to operate the waste-
water control facilities;
or, if such alternative power source is not in existence, and no date for
its implementation appears in Part I,
b. Halt, reduce or otherwise control production and/or all discharges
from wastewater control facilities upon the reduction, loss, or
failure.of the primary_ source of power to said wastewater control
facilities.
8. Onshore or Offshore Construction
This permit does not authorize or approve th-e construction of any onshore
or offshore physical structures or.facilities or the undertaking of any
work in any navigable waters.

PART II
Page 'J of 12
Permit No. NCO 0 2 8'k-5 5 0
B. RESPONSIBILITIES
1. Right of Entry
The permittee shall allow the Director of the Division of Environmental
Management, the Regional Administrator, and/or their authorized represen-
tatives, upon the presentations of credentials:
a. The enter upon. the permittee°s premises where an effluent source is
located or in whichi any records are required to be kept under the
terms and conditions of this permit; and
b. At reasonable times to have access to and copy any records required
to be kept under he terms aind conditions of this permit; to inspect
any monitoring equipment or monitoring method required in this permit;
and to sample any discharge of pollutants.
2. Transfer of Ownership or Control
This permit is not transferable. In the event of any change in control
or ownership of Facilities from which the authorized discharge emanates
or is contemplated, the permittee shall notify the prospective owner or
controller by letter of the existence of this permit and of the need to
obtain a permit in the name of the prospective owner. A copy of the
letter shall be forwarded to the Division of Environmental Management.
3. Availability of Reports
Except for data determined to be confidential under N. C. G. S. 143-215.
3(a)(2) or Section 308 of the Federal Act, all reports prepared in accord-
ance with the terms shall be available for public inspection at the offices
os the Division of Environmental Management. As required by the Act,
effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal
penalties as provided for in N. C. G. S. 143-215.6(b)(2) or in Section
309 of the Federal Act.
4. Permit Modification
After notice and opportunity for a hearing pursuant to N. C. G. S. 143-
215.1(b)(2) and G, S. 143-215.1(e) respectively, this permit may be
modified, suspended, or revoked in whole or in part during its term for
cause including, but not limited to, the following:
a. Violation of any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation or failure to disclose
Fully all relevant facts; or
c. A change in any condition that requires either a temporary or
permanent reduction or elimination of the authorized discharge.
M10&I9

PART II
Page 10 of 1.2
Permit No. NCO 0 2 g 7 5 0
5. Toxic Pollutants
Notwithstanding Part II, B-4 above, if a toxic effluent standard or
prohibition (including any schedule of compliance specified in such
effluent standard. or prohibition) is established under Section 307(a)
of the Act for a toxic pollutant which is present in the discharge and
such standard or prohibition is more stringent than any limitation for
such pollutant in this permit, this permit shall be revised or modified
in accordance with the toxic effluent standard or prohibition and the
permittee so notified.
6. Civil and Criminal Liability
Except as provided in permit conditons on "Bypassing" (Part II, A-5)
and "Power Failures" (Part II, A-7), nothing in this permit shall be
construed to relieve the permittee from civil or criminal penalties
for noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of
the Federal Act.
7. Oil and Hazardous 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
under N. C. G. S. 143-215. 75 et seq. or Section 311 of the Federal Act.
8. Property Rights
The issuance of this permit does not convey any property rights in either
real or personal property, or any exclusive privileges, nor does it author-
ize any injury to private property or any invasion of personal rights, nor
any infringement of Federal State of local laws or regulations.
9. Severability
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 circum-
stance, is held invalid, the application of such provision to other d r-
cumstances, and the remainder of this permit shall not be affected thereby.
M 1'1&I10

PART II
Poge 11 of 12
Permit No N0 0 2 8.55
10. Expiration of Permit
Permittee is not authorized to discharge after the expiration date.
In order to receive 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.
I 11

PA III
Page 12 of 1-2
Permit No. NC () 0 2 853 J
B. Previous Permits
All previous State water quality permits issued to this facility,
whether for construction or operation or discharge, are hereby revoked
by issuance of this permit. Receipt of the permit constitutes notice of
such action. The conditions, requirements, terms, and provisions of this
permit authorizing discharge under the National Pollutant Discharge Elimi-
nation System governs discharges from this facility.
C. Construction
No construction of wastewater treatment facilities or additions
thereto shall be begun until Final Plans and Specifications have been
submitted to the Division of Environmental Management and written approval
and Authorization to Construct has been issued. If no objections to Final
Plans and Specifications has been made by the DEM after 30 days following
receipt of the plans, the plans may be considered approved and construction
authorized.
D. Certified Operator ®T APRI CABLE
Pursuant to Chapter 90A of North Carolina General Statutes, the
permittee shall employ a certified wastewater treatment plant operator in
responsible charge of the wastewater treatment facilities. Such operator
must hold a certification of the grade equivalent to the classification
assigned to the wastewater treatment facilities.
M15&I12