WQ0006560_Permit (Issuance)_19811009

lv
VISION OF TR01 NTAD MANAGEMT rOctober-=9i,4/,1K3 ualaiy Division
()CT
Mr. Botaza , L. Johnson, Ora -Downer Western.
Mason Hountasi n ' Rhodolite and .Ruby, Mine A
Mute ,4. ox 742- bovine,Delos h co�ueva
Franklin, North ,Carolina 28734
SUBJECT: Permit -No., NC0028550
son Mountain Rhodolite and Ruby Mine
con County
Dear Mr.. Johnson:
In accordance with your.application.for.discharge Permit received
April 24. 19819= we are forwardingherewith the subject State - NPDXS Permit,
This Permit is -issued pursuant - t6 the requirements of North Carolina General
Statutes-143-213.1''and the Memorandum of Agreement between North Carolina
and the D. -S. Environiiental Protection Agency datad October 19,-`1975.,
Many parta, requirements, or limitations contained in this Permit
are unacceptable to you, you'hdve the right to an adjudicatory hearing before
a hearing, officer upon written demand to the . Director within 30 daps following
receipt of this - Permit* identifying, the hjpecific issues to be -contended,
Unlesssuch demaand . is made, this Permit shall be final and binding.
' Please tai 'hoti.ce that this Permit -is not transferable. Part 11, B.2.
addresses the requiremnents to be followed in case of change in ownership or
control of this 'diseharge.
This Permit doers not affect the legal requirement to obtain other Permits
which may be required by the Division of Environmental Management. If you
have any questions concerning this Permit, please contact Mr. Bill Mills, telephone
919/733-51.81.
Sincerely.yours,
Original Signed by
Robert F. Helms
Director
cc$ Nor. Bi11�Clowaxd_, E-RA -
• . ° _' i �' A.
h.e . Ile R+eg onal Office Manager

• M S t
',;•.::f? �- -J7.' ,r. y' e - -, � 'e� �,. tfi ;.._t..it ......`:i�.•a=yr"_� '.iiJ ...;i,i.J_i�tlC
P n '?�)je ,!�^'�;-1:7 �R1C33 C+�.S °':E:'Cs atl 1`: l✓�,< P �� ..
snipVAr 1.f:.t.` 12i ". G rx' fi;...;a'�S °C.`•_ , :i�i::'�_-
,. .•'�w, C F.t IJ {•..). "-:Y Jn^ �1..1. 5`n>. k!J. _IiltG .s ..
Si);�r. vui�: t._d:. �.+'?�.I�':irCs'iZ% i:.i".i��i:'•r✓C3il i.iir�°,6:.`L-
r 1 .. T:rr �..... F y
'�J1.L�-._._J v' .R ..�r.1S ,41I.D_'L.:ii�}i1,:r .Z�..T'.; `.� r_.-�v• .J :�3..)�i �:.D'.s i� .S
e ,},s..._. '.'A MIN ." ✓J �.�.a :i7 -�7-.e` " ua :aL 9,i� �?1.�.1:�.'7 „''y.,'s'. �%(Q� 4.T�.�.:.,"i5:.Y,�.t! �, .d ! .l',i .�A fir p.l2 Y.�.a.1,
mS..00 WAYS i �'?CiFi .'iC: 3f._,, :):i:3FJ'•POU 023 t1;3 a �.Fi'^,.8. q D.i�-;uva i?,t_ .2_ ,'g;, u ts. uy'
i t as .r.' {"i +i?i:5 ier::ir'^•+;. :+...°you t (e
'So f�" a D �N D_ta
.t:1°-.� �`l �.: =. "<<i=_LiJ .:'YJ ::1 ��l SP td `)'`- .. f <?"'(i i. a'_'�v�i ��: .CG`3, a'y.� s:� ..�•f?-.� <. '
. .. •1t.i1. in) _(. t+l.•d :.J.a., ..+G�1 '.S:[.D1il :.lm:'lf:`• ovi.'..e�a.. 41 JAJwL U
0
7110Ca G)_u. cd_Jimat
.n'".2 .n{7Hto�1y al
°*. .'..
:l.,
ptd%St�a°:s'„iit:'h :?:i tt3 ":^.:.;E::'z, J,.s::i.s,=>:'?l.'eN�:" •.rz:� ,�:,:.•I?`�•t.'s..�Bi;Y�.}.i q� .i�T;a3&i .�f.!��' .{r.J .i<•� �l?J",.
ad 11 Siy .D._.,`S, ::'>.i;'.:r at'fy ''31 ..' ... b Pauayf!<<;:t.inu
r a x P. 11 :,3 :Z.uri • y5 •v Lr• i s ;i.1-,`"7 U1, ..i -y.:. L �1s.� T_•�a.} ..': � etJl Via.?,../ isi'>.^,.1. �: '
,6. :T «J c;�i J.J
`: is � a:, .d:)1iri Q-a ';1: •;i•Jrr.a.z_D s. _s.'f3°J ,.:1. :J. _t. C :1 an p1masuippel
&& {� yy-- ,
- • 3 • a si' �3 cr.l,l: i3.t, d! ..'~i6 .Li+1 ..^._1
c a i>:L: .. ._;l•i ? id'ir=1Q�C� :+: :iiF_ :l:il.:'up :s In," A! MAY:0n i.£C.b :v.i 0 _ :lay
,1..:.,,�zL._. d Van :.r°'t.i.I.+i`%
:1_L?'°sA"FFh
• i

s . ?ermit No.. NC O028550
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
To Discharge Wastewater Under the NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions 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,
Mason Mountain Rhodolite and Ruby Mine
is hereby authorized to discharge wastewater from a facility located at
Highway 28
Macon County, North Carolina
to receiving waters unnamed tributary to the Little Tennessee River 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.
on
This permit shall become effective OCT 0 9 1981
This permit and the authorization to discharge shall expire at midnight
SEP 3 0 1986
Signed this day of OCT 0 9 W1
Original Signed by
L. P. BENTON,, JR�
Robert F. Helms, Director
Division of Environmental Management
By Authority of the Environmental
Management Commission
M1 & I1

S [
1 NPDES Discharge Permit No. NCO028550
Mason Mountain Rhodolite and Ruby Mine
Macon County, North Carolina
is hereby authorized to:
1. Conti'nue the operation of the existing inorganic solids
settling basin type wastewater treatment facility, and
2. Construct and operate facilities as may be required to
comply with the effluent limits and stream standards
contained herein, subject to Part III, condition C of
this Permit, and
3. Discharge from said treatment works into an unnamed
tributary to the Little Tennessee River which is classified
Class "C" waters.'and is located in the Little Tennessee
River Basin.

A. (). EFFLUENT -LIMITATIONS AND MONITORING REQUIREMENTS - Final
During the period beginning on effective date of Permit
and lasting until expiration
permittee is authorized to discharge
from outfall(s)
serial-number(s)
001.
Such discharges shall be limited and
monitored by the
permittee
as specified below:
Effluent Characteristics Discharge
Limitations
Monitoring
Requirements
Kg/day (lbs/day)
Other Units
(Specify)
Measurement *
Sample
Sample *�
Daily Avg. Daily Max.
Daily Avg.
Daily Max.
Frequency
Type
Location
Flow
.._
--
--
--
4otal Suspended Solids -- --
55 mg/l
110 mg/l
2/Month
Grab
E
Settleable Matter -- --
<0.1 ml/l
<0.1 ml/l
2/Month
Grab
E:
Turbidity -- --
***
***
2/Month
Grab
E,UsD
* All samples shall be collected between the hours of 2:00 P,M. and 5:00 P.M. on normal operating days.
** E - Effluent, U - Upstream, D - Downstream
*** The discharge when mixed with the receiving.waters shall not cause the turbidity of the receiving stream
to exceed 50 NTU.
= —p
-0
-
03
o
--5
Q E3
rt
N -4.
Oo
al
Cnl 2
O O
The pH shall not be less than N/A standard units nor greater than N/A standard units
and shall be monitored
These shall be no discharge of floating solids or vi-sible.foam-in other than trace amounts.

Part I
Permit No. NCO028550
D. SCHEDULE OF COMPLIANCE
1.. The permittee shall achieve compliance with the effluent limitations
specified for discharges in accordance with the following schedule:
N/A
u
2. 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
act ions,taken, and the probability of meeting the next scheduled requirement.
M4&I.

PART I
n
Permit No. NC
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 Resources and Community Development
"EMC" used herein means the North Carolina Environmental Management
Commission.
C. MONITORING AND REPORTING
1. Representative Sampling
Samples and measurements taken as required herein shall be representative
of the volume and nature of the monitored discharge.
2. Reporting
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, and 1.4) postmarked no .later than the 45th
day following the completed reporting period. The first report is due on
DEC 1 5 1981 . 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), 13 USC 1314, 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

a.,"I' m
Permit No. NC
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, 1.4)
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 or the Regional Administrator of
the Environmental Protection Agency.
16

• PART II
Permit No. NC
A. MANAGEMENT REQUIREMENTS
1. Change in Discharge
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 such 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
M 8 & 17

PART II
Permit No: NC
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 or navigable waters of the United States.
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 the construction of any onshore
or offshore physical structures or facilities or the undertaking of any
work in any navigable waters.
I8

PART II
Permit No. NC
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 which 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 the terms and 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 beJorwarded 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, 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 statement on any such report may result in the im osition 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
Permit No. NC
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 conditions 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. 143 415.6 or Section 309 of the
Federal Act, 33 USC 1319.
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,
33 USC 1321.
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
authorize any injury to private property or any invasion of personal
rights, nor any infringement of Federal,State or 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 cir-
cumstances, and the remlinder of this permit shall not be.affected thereby.
M11 &I10

PART II
Permit No NC
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. Any discharge without a permit after
the expiration will subject the permittee to enforcement procedures as
provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq.-
1

PART III
N
e
+
E. Previous Permits
Page of
Permit No. NCO028550
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. The conditions, requirements, terms, and
provisions of this permit authorizing discharge under the National
Pollutant Discharge Elimination'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 or issuance of this permit, whichever is latter, the
plans may 'be considered approved and construction authorized.
D. Certified Operator
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.
E. -I,n the event that violations of the turbidity standard of the North
Carolina Water Quality Standards occur as a result of this discharge,
this Permit shall be modified, or alternately, revoked and reissued
to incorporate limits sufficient to protect receiving waters.
F. The wastewater treatment facilities shall be properly maintained and
operated at all times.
G. Diversion or bypassing of untreated wastewater from the treatment
facility is prohibited.
H. Solids removed or resulting from the wastewater treatment process shall
be contained and disposed of in such a manner as to prevent any con-
tamination of surface waters of the State.
M15&I12