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HomeMy WebLinkAboutWQ0036755_Application_20130828k; 15A NCAC 02T.1000 Closed Loop Recycle System Permit Application Mason's Ruby and Sapphire Mine 6961 Upper Burningtown Rd, Franklin, NC 28734 Prepared for Permit Applicant ,:.Mason Sapphire Mine, LLC Prepared by HydroCycle Engineering, PC 16 Broad St Asheville, NC 28801 828.989.8075 August 28, 2013 RECEIVED OCT - 3 2013 DWOfflwfhx WaterIRoteetten Se Asheville R ional Office 0 RECEIVEDIVENR1DWO SEP .ag 2013 Aquifer Protection Section HydroCycle Engineering, PC August 28, 2013 Mr. Jon Risgaard, Unit Supervisor North Carolina Dept. of Environment and Natural Resources Division of Water Resources Land Application Unit 1636 Mail Service Center Raleigh, NC 27699-1636 Subject: Mason's Ruby and Sapphire Mine, 6961 Upper Burningtown Rd, Franklin, NC 28734 15A NCAC 02T.1000 Closed Loop Recycle System Permit Application Dear Mr. Risgaard: Mr. Ernest (Al) Klatt of Mason's Ruby and Sapphire Mine (Mason's Mine) in Macon County, North Carolina has retained the services of HydroCycle Engineering (HydroCycle) to prepare an application permit for the existing closed loop recycled water system at Mason's Mine. Subsequent to my phone discussion with Ms. Beverly Price of the Asheville Regional Office on July 19, 2013, 1 conducted a site visit and inspection of the recycled water system on July 29, 2013 and have prepared this cover letter and permit application. History and Background The original mine dates back to 1895 when it was operated by the American Prospecting and Mining Company of New York, during which time abrasive grade corundum was primarily mined. In 1942, the Mason family bought the property and established the present day tourist gem mine. Mason's Mine has been under the ownership of the Klatt family since June 2011. According the NC Department of Environment and Natural. Resources (NCDENR) website, Mason's Mine received a mining permit as a gemstone mine on August 21, 1992 (Permit No. 57-11). The Mason's Mine parcel encompasses 23.55 acres in the northwestern portion of Macon County. Burningtown Creek flows through the central portion of the Mason's Mine property. Recycled Water System Description The recycled water system for Mason's Mine consists of two earthen excavated sediment ponds with steep side slopes. These two ponds are interconnected by a 15-inch diameter corrugated plastic pipe culvert. Portable gas powered trash pumps are used to convey water via 2-inch diameter flexible plastic lines from the lower sediment pond, up to four flumes at which patrons of Mason's Mine pan for gems. The return wash water is then conveyed to the upper sediment pond where the larger sediment is settled out. Overflow from the upper sediment pond is conveyed to the lower sediment pond. Water from the lower sediment pond, which is the secondary settling pond, is used as the water source for the wash water to the flumes. Groundwater is added to the sediment ponds periodically to augment water which is primarily lost through infiltration and evaporation from the unlined and open air ponds. The ponds are situated in a generally flat area with berms such that any stormwater runoff draining into the ponds is minimal. HydroCycle Engineering 9 16 Broad Street, Asheville, NC 28801 • 828.989.8075 • www.hydrocycle-eng.com i' Mason's Ruby and Sapphire Mine, Closed Loop Recycle System Permit Application August 28, 2013 There have been no observed overflows from system during the tenure of the current owners. Sediment is regularly dredged from the upper sediment pond and placed in an adjacent upland area to be dewatered and dried. The system conveys only water and sediment and no chemicals used in the washing process. Table 1 below summarizes the system features. The values in the table were estimated based on field measurements taken on July 29, 2013. Similarly, for the earthen impoundment section of Form CLRS 08-11, values were estimated based on field measurements and typical conditions. Table 1. Summary of Closed Looa Recvcle System Features at Mason's Ruby and Sapphire Mine Characteristic Upper Sediment Pond Lower Sediment Pond Est. Average Length (ft) 55 81 Est. Average Width ft 44 24 Estimated Surface Area ft2 2,420 1,940 Est. Average Depth ft * 6 6 Est. Maximum Pond Volume ft3) 14,520 11,640 Est. Maximum Pond Volume c 540 430 Est. Maximum Pond Volume ac-ft 0.33 0.27 Primary Function of Pond Receives spent wash water from flumes and allows heavier sediment to settle out Supplies wash water to flumes and receives overflow from upper sediment pond. Allows settlement of finer particulates. Pump Description - Red Lion 150 qpm trash um Conveyance Description -- 2-inch flexible plastic line *Depth varies as sediment gradually fills ponds and is later excavated. Figure 1 shows a layout of the system with a photo index indicating direction of the photo. Photos of the system with descriptions are also provided below. Page 2 i Mason's Ruby and Sapphire Mine, Closed Loop Recycle System Permit Application August 28, 2013 FOOT BRIDGE —•��•♦�,..♦�••• �� •N+r•••..•.• 5 1 •ode - SEII�MENT /• 8 1 POD 0 so f • SHED - PORCH � r. GRAVEL PARIONG AREA c OFFICE BEDIk1ENT POND: 1 ELEC. HOOK UP IL l 3 1 tiA ELEC. HOOK LIP :Iy%G c GRAVEL PARKM AREA Figure 1. Layout of Closed Loop Recycle System and Photo Index. Page 3 Mason's Ruby and Sapphire Mine, Closed Loop Recycle System Permit Application August 28, 2013 Photo 2. Berm on north side of upper sediment pond. Page 5 Mason's Ruby and Sapphire Mine, Closed Loop Recycle System Permit Application August 28, 2013 Photo 3. Lower sediment pond, looking north toward 15-inch diameter equalization culvert. Page 6 Mason's Ruby and Sapphire Mine, Closed Loop Recycle System Permit Application August 28, 2013 Photo 4. Lower sediment pond, looking south. Page 7 Mason's Ruby and Sapphire Mine, Closed Loop Recycle System Permit Application August 28, 2013 �1. r ' .� ? � � 1� �*i \ 4 . � "4- a l V •' Photo 5.15-inch diameter equalization culvert flowing into lower sediment pond. Page 8 t►_ * +�� ,a>y,�.. �,.- �+' � �� f � !`!�� .N%%tom (R� '���-:�'� ..�� it �y LF�s + �� .� • �� C fnµ�4.low Mason's Ruby and Sapphire Mine, Closed Loop Recycle System Permit Application August 28, 2013 Page 10 Mason's Ruby and Sapphire Mine, Closed Loop Recycle System Permit Application August 28, 2013 Photo 8. Wash water conveyed from lower sediment pond to flume via 2-inch line. Permit Application The closed loop recycled water system at Mason's Ruby and Sapphire Mine is a small, simplified system with flow conveyed by portable trash pumps and gravity fed through flumes and an equalization pipe. The total maximum storage in the system is estimated to be approximately 0.6 acre-feet (26,000 ft), but is frequently lower because of the gradual and continual input of sediment from the flume washing process. The closed loop recycle system has been operational in its current manner for decades. No engineering plans or as-builts were prepared for this system when it was constructed. Because it is a small, simplified and portable pump system, it has been presumed that the previous owners had the system constructed by a contractor without any engineering design. Based on a previous discussion with Ms. Beverly Price of NCDENR Asheville Regional Office regarding the required information for Mason's Mine, the response to the sections of the closed - loop recycle system permit application sections are summarized in Table 2. Page 11 Mason's Ruby and Sapphire Mine, Closed Loop Recycle System Permit Application August 28, 2013 Table 2. Resaonses to Closed Loop Recycle System Permit Sections Section Response A. Cover Letter Completed and attached B. Application Fee Enclosed check for $360.00 C. Closed Loop Recycle System Application Completed and attached D. Property Ownership Documentation Attached E. Water Balance Not included (existing system without modifications) F. Engineering Plans Not included (exemption requested), Survey dated 7/6/2011 attached. G. Specifications Not included (exemption requested). H. Engineering Calculations Not included (exemption requested). I. Site Map Survey dated 7/6/2011 attached. I Power Reliability Plan Not included (exemption requested). K. Operation and Maintenance Plan Simplified plan consisting of monitoring of freeboard levels in lower sediment pond on a weekly basis. .L. Residuals Management Plan Not included (exemption requested). M. Additional Documentation Not included (exemption requested). Requested Permitting Action Given the history of the site and the simplicity of the system of two small sediment ponds with portable trash pumps, conveying water and sediment only with no discharge, the requested permitting action is to grant a closed loop recycled water system permit with the appropriate exemptions, as determined by the NCDENR. As an operational requirement of this permit, Mason's Mine will install a freeboard meter and record freeboard levels in the lower sediment pond on a weekly basis. The following attachments are included in support of this permit application. Attachment A - Permit Application, Form CLRS 08-11 Attachment B — Property Ownership Documentation Attachment C — Mining Permit Survey, dated July 6, 2011 Attachment D — Proposed Freeboard Marker and Freeboard Log Sheets Attachment E — Professional Engineer's Certification Page 12 Mason's Ruby and Sapphire Mine, Closed Loop Recycle System Permit Application August 28, 2013 On behalf of Mr. Al Klatt and Mason's Ruby and Sapphire Mine, thank you for your review of this permit application. If you have any questions or need additional information, please contact me at tonnond _hydrocycle-enter cone or 828.989.8075. Sincerely, Timothy C mond, P.E. Principal Engineer copy: Mr. Ernest Al Klatt, Mason's Ruby and Sapphire Mine encl.: Permit application fee Page 13 ATTACHMENT A - Permit Application, Form CLRS 08-11 �oF W ATF9� State of North Carolina �O G Department of Environment and Natural Resources r y Division of Water Quality O 15A NCAC 02T .1000 — CLOSED -LOOP RECYCLE SYSTEMS FORM: CLRS 08-11 L APPLICANT INFORMATION: 1. Applicant's name: Mason's Ruby and Sapphire Mine 2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Privately -Owned Public Utility ❑ Federal ❑ State ❑ Municipal ❑ County 3. Signature authority's name: Ernest Klatt per 15A NCAC 02T .0106(b) Title: Owner 4. Applicant's mailing address: 6961 Upper BurninQtown Road City: Franklin State: NC Zip: 28734- 5. Applicant's contact information: Phone number: 828 369-9742 Email Address: klatternest@msn.com II. FACILITY INFORMATION: 1. Facility name: Mason's Ruby and Sapphire Mine 2. Facility status: Existing If this facility is existing, was it originally permitted prior to September 1, 2006? ❑ Yes or ® No If yes, does this facility meet the criteria in 15A NCAC 02T .1003? ❑ Yes or ® No If yes, discontinue use of this form (CLRS 08-11) and complete the Closed -Loop Recycle System Rescission Request (FORM: CLRSRR) 3. Facility type: Major (> 10,000 GPD or> 300 disposal acres) 4. Facility's physical address: 6961'Upper Burningttown Road City: Franklin State: NC Zip: 28734- County: Macon 5. Wastewater Treatment Facility Coordinates (Decimal Degrees): Latitude: 35.2152' Longitude:-83.5289' Datum: Unknown Level of accuracy: Nearest second Method of measurement: Address matching 6. USGS Map Name: Wayah Bald III. CONSULTANT INFORMATION: 1. Professional Engineer: Timothy P. Ormond, P.E. Mailing address: 16 Broad Street License Number: 032956Firm: H dy roCycle Engineering City: Asheville State: NC Zip: 28801- Phone number: 828 989-8075 Email Address: tormond@hydrocycle-eng.com 2. Soil Scientist: License Number: Firm: Mailing address: City: State: Zip: - Phone number: (_) _- Email Address: _ 3. Geologist: License Number: Mailing address: City: State: Zip: - Phone number: (—) = Email Address: _ Firm: FORM: CLRS 08-11 Page 1 of 7 IV. GENERAL REQUIREMENTS —15A NCAC 02T .0100: 1. Application type: ® New ❑ Major Modification ❑ Minor Modification If a modification, provide the existing permit number: WQ00 and most recent issuance date: 2. Application fee: Select $360.00 3. Does this project utilize public monies or lands? ❑ Yes or ® No If yes, was an Environmental Assessment required under 15A NCAC 01 C? ❑ Yes or ❑ No If yes, which final environmental document is submitted? ❑ Finding of No Significant Impact or ❑ Record of Decision Briefly describe any mitigating factors from the Environmental Assessment that may impact this facility: N/A 4. What is the status of the following permits/certifications applicable to the subject facility? Permit/Certification Date Submitted Date Approved Permit/Certification Number Agency Reviewer Collection System (O >_ 200,000 GPD) Dam Safety Erosion & Sedimentation Control Plan Nationwide 12 / Section 404 Pretreatment Sewer System Stormwater Management Plan Wetlands 401 Other: Gemstone Mining 8/21/92 57-11 5. What is the wastewater type? ❑ Domestic or Industrial (See 15A NCAC 02T .0l 03(20)) Is there a Pretreatment Program in effect? ❑ Yes or ® No Has a wastewater chemical analysis been submitted? ❑ Yes or ® No 6. Wastewater flow: 81,000 GPD Limited by: ❑ Treatment, ❑ Storage or ® Recycle Quantity 7. Explain how the wastewater flow was determined: ❑ 15A NCAC 02T .0114 or ® Representative Data Hasa flow reduction been approved under 15A NCAC 02T .0114(f) ❑ Yes or ❑ No Establishment Type Daily Design Flow' No. of Units Flow Tourist gemstone mine 150 gal/min 540 81,000 GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total 81,000 GPD a See 15A NCAC 02T .0114(b), U, (e)(1) and foo for caveats to wastewater design flow rates (i.e., minimum flow per dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4). FORM: CLRS 08-11 Page 2 of 7 IV. GENERAL REQUIREMENTS —15A NCAC 02T .0100 (continued): 8. What is the nearest 100-year flood elevation to the facility? 2029 feet mean sea level. Source: Burningtown Creek Are any treatment, storage or disposal facilities located within the 100-year flood plain? ❑ Yes or ® No If yes, which facilities are affected and what measures are being taken to protect them against flooding? If yes, has the Applicant submitted written documentation of compliance with § 143 Article 21 Part 6? ❑ Yes or ❑ No 9. Has the Applicant provided documentation of the presence or absence of threatened or endangered aquatic species utilizing information provided by the Department's Natural Heritage Program? ❑ Yes or ® No 10. Does the facility have a proposed or existing groundwater monitoring well network? ❑ Yes or ® No If no, provide an explanation as to why a groundwater monitoring well network is not proposed: washwater only; no industrial or other chemicals used in the process If yes, complete the following table (NOTE — This table may be expanded for additional wells): Well Name Status Latitude a Longitude a Gradient Location Select 0- Select Select Select 0- Select Select Select 0- Select Select Select 0- Select Select Select 0- Select Select a Provide the following latitude and longitude coordinate determination information: Datum: Select Level of accuracy: Select Method of measurement: Select 11. Is the Applicant a Privately -Owned Public Utility? ❑ Yes or ® No If yes, has the Applicant submitted a Certificate of Public Convenience and Necessity? ❑ Yes or ❑No 12. Demonstration of historical consideration for permit approval —15A NCAC 02T .0120: Has the Applicant or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.613? ❑ Yes or ® No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ® No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ® No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ® No e. Has unpaid annual fees in accordance with l 5A NCAC 02T .0105(e)(2)? ❑ Yes or ®No V. CLOSED -LOOP RECYCLE FACILITY DESIGN CRITERIA —15A NCAC 02T .1005: 1. How does the Applicant propose to prohibit public access to the closed -loop recycle facilities? Locked gate 2. Is potable water proposed to supplement the closed -loop recycle system? ® Yes or ❑ No If yes, is there an air gap separation between the potable water system and the closed -loop recycle system? ® Yes or ❑ No 3. Can the closed -loop recycle system: ❑ Stop production of effluent? ❑ Return the effluent back to the treatment facility? ® Store the effluent? ❑ Discharge the effluent to another permitted wastewater treatment facility? " Permit number: ❑ None of the above " Are essential treatment units provided in duplicate? ❑ Yes or ❑ No 4. If the wastewater treatment and storage systems are located within the 100-year flood plain, are there water -tight seals on all treatment/storage units or a minimum of two feet protection from the 100-year flood plain elevation? ❑ Yes or ❑ No FORM: CLRS 08-11 Page 3 of 7 V. CLOSED -LOOP RECYCLE FACILITY DESIGN CRITERIA —15A NCAC 02T .1005 (continued): 5. If open atmosphere storage units are present, are they capable of containing the accumulation of water from a 25-year, 24- hour storm event? ❑ Yes or ® No 6. If an influent pump station is part of the proposed facility (i.e., within the wastewater treatment plant boundary), does the influent pump station meet the design criteria in 15A NCAC 02T .0305(hl? ❑ Yes, ❑ No, ❑ N/A — To be permitted separately, or ❑ N/A — Gravity fed 7. If septic tanks are part of the wastewater treatment facility, do the septic tanks adhere to the standards in 15A NCAC 18A .1900? ❑ Yes, ❑ No or ® N/A 8. Provide the requested treatment unit and mechanical equipment information: a. TREATMENT: Treatment Unit No. of Units Manufacturer or Material Dimensions (ft) / Spacings in(gallons) Volume Plan Sheet Reference Specification Reference b. PUMPS Location No. of Pumps Purpose Manufacturer / T e Plan Sheet Reference Specification Reference —Capacity GPM TDH Lower Sediment Pond 1 Provide wash water to flumes Red Lion 150 See photo N/A c. BLOWERS Location No. of Blowers Units Served Manufacturer / IKEe Capacity C Plan Sheet Reference Specification Reference d. MIXERS Location No. of Mixers Units Served Manufacturer / Type Power h Plan Sheet Reference Specification Reference e. RECORDING DEVICES & RELIABILITY No. of Maximum Plan Sheet Specification Device Location Manufacturer Units Capac& Reference Reference Freeboard Meter 1 Lower Sediment Ben Meadows 4 feet Figure 1 N/A Pond FORM: CLRS 08-11 Page 5 of 7 VI. EARTHEN STORAGE IMPOUNDMENT DESIGN CRITERIA —15A NCAC 02T .1005: IF MORE THAN ONE EARTHEN STORAGE IMPOUNDMENT, PROVIDE ADDITIONAL COPIES OF THIS PAGE AS NECESSARY. 1. What is the earthen impoundment type? Other 2. Storage Impoundment Coordinates (Decimal Degrees): Latitude: 35.2153' Longitude:-83.5290' Datum: NAD83 Level of accuracy: Nearest second Method of measurement: Aerial photography with ground control 3. Do any impoundments include a discharge point (pipe, spillway, etc)? ® Yes or ❑ No 4. Are subsurface drains present beneath or around the impoundment to control groundwater elevation? ❑ Yes or ® No 5. Is the impoundment designed to receive surface runoff? ❑ Yes or ® No If yes, what is the drainage area? flz, and was this runoff incorporated into the water balance? ❑ Yes or ❑ No 6. If a liner is present, how will it be protected from wind driven wave action? N/A 7. Will the earthen impoundment water be placed directly into or in contact with GA classified groundwater? ❑ Yes or ® No If yes, has the Applicant provided predictive calculations or modeling demonstrating that such placement will not result in a contravention of GA groundwater standards? ❑ Yes or ❑ No 8. What is the depth to bedrock from the earthen impoundment bottom elevation? Unknown ft If the depth to bedrock is less than four feet, has the Applicant provided a liner with a hydraulic conductivity no greater than 1 x 10_7 cm/s? ❑ Yes, No or ® N/A Has the Applicant provided predictive calculations or modeling demonstrating that surface water or groundwater standards will not be contravened? ❑ Yes or ❑ No If the earthen impoundment is excavated into bedrock, has the Applicant provided predictive calculations or modeling demonstrating that surface water or groundwater standards will not be contravened? ❑ Yes, ❑ No or ® N/A 9. If the earthen impoundment is lined and the mean seasonal high water table is higher than the impoundment bottom elevation, how will the liner be protected (e.g., bubbling, groundwater infiltration, etc.)? N/A 10. If applicable, provide the specification page references for the liner installation and testing requirements: N/A 11. If the earthen impoundment is located within the 100-year flood plain, has a minimum of two feet of protection (i.e., top of embankment elevation to 100-year flood plain elevation) been provided? ❑ Yes or ❑ No lNot Applicable 12. Provide the requested earthen impoundment design elements and dimensions: Earthen Impoundment Design Elements Earthen Impoundment Dimensions Liner type: ❑ Cl a ❑ S nthetic Top of embankment elevation: 2,414 ft ❑ Other ® Unlined Liner hydraulic conductivity: Unknown x - cm/s Freeboard elevation: 2,412 ft Hazard class: Not Applicable Toe of slope elevation: N/A ft Designed freeboard: 2.0 ft Impoundment bottom elevation: 2,408 ft Total volume: 26,200 ft3 196,000 gallons Mean seasonal high water table depth: Unknown ft Effective volume: 15,800 ft3 118,000 gallons Embankment slope: 0.5 : 1 Effective storage time: 2 days Top of dam water surface area: 4,360 W Plan Sheet Reference: N/A Freeboard elevation water surface area: 3,960 ftz Specification Section: N/A Bottom of impoundment surface area: 3,210 fe NOTE — The effective volume shall be the volume between the two foot freeboard elevation and the: (1) pump intake pipe elevation; (2) impoundment bottom elevation or (3) mean seasonal high water table, whichever is closest to the two foot freeboard elevation. FORM: CLRS 08-11 Page 6 of 7 VIl. SETBACKS —15A NCAC 02T .1006: 1. Does the project comply with all setbacks found in the river basin rules (15A NCAC 02B .0200)? ® Yes or ❑ No If no, list non -compliant setbacks: 2. Have any setback waivers been obtained in order to comply with 15A NCAC 02T .1006? ❑ Yes or ® No If yes, have these waivers been written, notarized and signed by all parties involved and recorded with the County Register of Deeds? ❑ Yes or ❑ No 3. Provide the minimum field observed distances (ft) for each setback parameter to the disposal system and treatment/storage units (NOTE: Distances greater than 500 feet may be marked N/A): Setback Parameter Treatment / Stora a Units Any habitable residence or place of assembly under separate ownership or not to be maintained as part of the projectsite N/A Any private or public water supply source N/A Surface waters (streams — intermittent and perennial, perennial waterbodies, and wetlands) N/A Any well with exception of monitoring wells N/A Any property line N/A FORM: CLRS 08-11 Page 7 of 7 ATTACHMENT D - Property Ownership Documentation C201118600222 T SOSID: 1211177 Date Filed: 7/5/20113:56:00 PM Elaine F. Marshall State of North Carolina North Carolina Secretary of State C201118600222 Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §57C-2-20 of the General Statutes ofNorth Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. The name of the limited liability company is: Mason Sapphire Mine LLC 2. If the limited liability company is to dissolve by a specific date, the latest date on which the limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no limit on the duration of the limited liability company.) 3. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity of a member, organizer or both. Note: This document must be signed by all persons listed here). Steven E Philo, Organizer 2" Porter St Franklin,N C 28734 4. The street address and county of the initial registered office of the limited liability company is: Number and Street 25 Patton Ave City, State, Zip Code Franklin, N C 28734 County Macon 5. The mailing address, if different from the street address, of the initial registered office is: 6. The name of the initial registered agent is: Lila Klatt 7. Principal office information: (Select either a or b) a. []✓ The limited liability company has a principal office. The street address and county of the principal office of the limited liability company is: Number and Street 25 Patton Ave City, State, Zip Code Franklin N C 28734 County Macon The mailing address, if dWerent from the street address, of the principal office of the corporation is: b. ❑ The limited liability company does not have a principal office. C201118600222 8. Check one of the following: ✓ (i) Member managed LLC: all members by virtue of their status as members shall be managers of this limited liability company. (ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members. 9. Any other provisions which the limited liability company elects to include are attached. 10. These articles will be effective upon filing, unless a date and/or time is specified: This is the 1st day of July , 20 11 Steven E Philo (Organizer) Type or Print Name and Title NOTES: 1. Filing fee is $125. This document must be flied with the Secretary of State. CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622 (Revised January 2002) (Form L-01) Instructions for Filing LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: Mason Sapphire Mine LLC REPORT FOR THE YEAR: 2013 SECRETARY OF STATE L.L.C. ID NUMBER: 1211177 NATURE OF BUSINESS: Gemstone mining REGISTERED AGENT: Klatt, Ernest Jr REGISTERED OFFICE MAILING ADDRESS: 6961 Upper Burningtown Rd Franklin, NC 28734 E-Filed Annual Report 9790568 Do not data enter manually. STATE OF INCORPORATION: NC REGISTERED OFFICE STREET ADDRESS: 6961 Upper Burningtown Rd Franklin, NC 28734 Macon County PRINCIPAL OFFICE TELEPHONE NUMBER: (828) 369-9742 PRINCIPAL OFFICE MAILING ADDRESS PRINCIPAL OFFICE STREET ADDRESS: MANAGERS/MEMBERS/ORGANIZERS: Name: Ernest Klatt Jr Title: Member Address: 459 Burningtown Falls Rd Franklin, NC 28734 6961 Upper Burningtown Rd Franklin, NC 28734 6961 Upper Burningtown Rd Franklin, NC 28734 Name: Michael Klatt Title: Member Address: 52 Nebraska St Asheville, NC 28806 Name: Lila Klatt Title: Manager Address: 130 East Main Street Franklin, NC 28734 Name: Cindy Carrigan Name: Charles Klatt Name: Laura House Title: Member Title: Member Title: Member Address: Address: Address: 264 Forest Hills Drive 158 Woodland Hills Dr 9100 Tealby Place Franklin, NC 28734 Franklin, NC 28734 Raleigh, NC 28615 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES Ernest Klatt Jr FORM MUST BE SIGNED BY A MANAGER/MEMBER Ernest Klatt Jr 4/4/2013 DATE Member TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 ATTACHMENT C - Mining Permit Survey, dated July 6, 2011 �, � C0p WA Ro7J: Tudor& Aeeodetee, PA N dpil. . mwvvdRepodudmormddleo, I afVb 1 1EBE 1382 P=aftdkr tepNCeOm ad remdad lntlboa dAnln deom arw,Ma*adrWawbeidoom Kln Pkt r, t.� EOde"of_�, mvie— �.npt~MIBLNIoaNmLdMu,d: X6TLE 194t �0rJyinam0miRYrl*mibrt*WaFathbdw=eK wk�d . .rvryadrl Ne mneidaedtotavetldtne doplea 1a9B _ TONCHw720 � PLAT NORTH Near CaudT N(ND SCALE) 1 6lc RWATudmr&Amt PA 11R J. Tudor, IftmEwW LandSumja, L-17B0, 12.1M mvi1: 1201Q . datl� f of aedd *a6aAadedered � +'D at 121700 aevsy, a filar cooPpbnlaVu ddWtlon deuudlGalm �u� Wwanw.G LML E"TT aoxIWWMASOWF � I �7 A®!1 ORTEM¢a ntmfiA �P�A LRaTJ.Tud®r,cm*ffd0 mpwwdmmftm axoramm ' rledutl made undo myavkidi,tMDfded •\�� hlBwkl-- end6mk_, pop oii�' den dpeci Ddaee�ubnvm alale�ed re h 1: d2mfto b"lee ralllmdo en . 4"� d�aett tllElvM pl��fed p� IIF hla ovNh fSOmanntltla: ,af �9�,. LM LEE IBATT LIU TT l, ���miljeld��leif, 20�, HF �% LJULEEKLATT z �udxr,PMaEra>tllaNS�1Zd0 ..._.... .. �� POND L-1 . G . _ 1 Pr pe MINING AREA rd, q•U uu LEE IBATT 1 .xm>t w7 / EDWM G0NZAfM Ea1Ye0° SEMIDEr POW CAK 1 F WmdPOBmINNM m $ •.� rao7NaoaE EP DAVD CHEEK xF . !mm • a ERNESTKIATTJR kRaya n arrTuckwier tMe S�pedftil Flo N®d)I•af) aaN 1 Pao Mest�dnfQrYdFtld�ilEYt�rw�J'Yme•Y• �� noel —....i arE10 / r•.., UF rnpapgq Ynabc"V,lNndptlewlereutW Of Ndavn Lenmded Yllh Reylyd DA WYMPuaoo� afgoE . - .. e I pm ELEalbdKlV moNOMm Casty W0R31� N EI@AN0dRM L ReNEwol6a+rd •srel 11 tl�a ` OMMPARIMAKA NF . e�Ea7npietnNbkxmaa6ny _ /c3 ERERNEKUTT92 FJWWOMM 5.19 ACS TOTAL �DAM \ rReE„) -•-_�_ "mow �. MINING PERMIT SURVEY ON SR 1392 JULEANN G osm (UPPER BURNINGTOWN RD) `' a ��� V4W ' FOR DeedB0*w9PWl* enca '�� `tea LILA LEE KLATT JULEANNSSRGWNIN0 aalet �` BURNINGTOWN TOWNSHIP, MACON COUNTY, NC DATE 08.01-11 SCALE:1"=59 L2 N289W E ZA16' U N 0 49W W mw LA N6nWW 25= t LS NW49W'W 1E.02 1 OSWENrEET7 0 2 LB N78'8823E 20.W DEEDREFERENCE DB km PGZ131 ,. DBOOP0657 {6e11 DB M PG 357 Do V31 PO 09 ROY J. TUCKER 8 ASSOCIATES PA., C-224, 38 EAST SYLVA SHOPPING CENTER, SYLVA, NORTH CAROLINA 28779 (828) 5865743 lgq.leN ATTACHMENT D - Proposed Freeboard Marker and Freeboard Log Sheets Mason's Ruby and Sapphire Mine, Franklin, North Carolina Settling Pond Freeboard Log A B C D E F Date Time Water Level (ft) Top of Pond (ft) Freeboard (ft) [D minus C] Initials 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 8/19/13 ' BEN MEADOVVSTm Fiberglass Stream Gauge, * W, English, 04, 1251141 Ben Meadows (, BEN MEADOWS $0.00 ,a, When the attdoors is Your Office8' Sign In ( Register I W Account l 1-800-241-6401 R�-,7%;i.rf;L,t;C,; ;.iirf0 C?i3?o� i;f;Sf�",�f$c!4'tC: Al;uii:i.)s Keyword(s)orItem # Search GET 365 DAYS OF GROUND SHIPPING FOR JUST $39 i Buy Now! SIGN UP FOR EMAIL OFFERS! You Are Here ► Water Quality Management ► Pond and Surface Water Equipment ► Staff and Stream Gauges ► BEN MEADOWS- Fiberglass Stream Gauges Er4ten LBFN ME1WAS' ?9 ' BEN MEADOWS- Fiberglass Stream Gauge, 4"W, English, 04 B=` 7= Fiberglass Stream Gauge Makes the Best Permanent Marking 6==_ Device 6 Instantly see how high the water is with this Fiberglass Stream Gaugef 4 = 3 Fiberglass construction stands up to the elements, making it a smart choice for long-term use in rivers, streams, lakes ... 2= 15 See more details a 3yZ,- Item #: 125114 8= _ - Who a Review Mfr. Model #: 99001 Rollover image to zoom delall In stock! See more products like this. DETAILS BEN MEADOWSTm Fiberglass Stream Gauge, 4"W, English, 04 Fiberglass Stream Gauge Makes the Best Permanent Marking Device instantly see how high the water is with this Flberglass Stream Gauget Fiberglass construction stands up to the elements, making 8 a smart choice for long-term use in rivers, streams, takes, ponds and swamps. Easy to read at long distances. Protected by a nonglare coating. Measures 4"W. English measuring system is numbered in feet, tenths and hundredths; 0.4'. Choose Mounting Hardware (No. 125139), sold separately, to anchor the Stream Gauge. You May Also Like Email a friend Print Page $41.00 Qly Add To Cart Add to Shopping List 100%Satisfaction Guaranteed Hassle free retums, no redocHng fees Need Help / More Info? Emai us er call our Product Pros at 1-800-241-6401. This item appears on page 139 of the Ben Meadows Company (.183) catalog. View in ocritaloa. 3.1 BENMEADOWS' BENMEADOWS- TruChelO Rai n Gauge, Mounting Hardware, Fiberglam Stream EnglidilMetdc Screws and Anchors,... Gauge, 4"W, Engli h, 4- $19.50 $41.00 $9.00 BUY NOW BUY NOW Bt1Y NOW SITE LINKS ABOUT I ACCOUNT CONTACT SITE INFO Product Categories Company Info I My Account Customer Service Help Us Improve Sitenep Company Hstory Track an Order Contact Us Privacy Policy Tech We Shopping Cart t® Sign up for Brel Offers About Our Ads ecatalog in Like Us On Facebook Printable Order Forms Phone: 1-800-241-6401 Terns of Access Fax: 1-800-628-2068 Terms of Sale 02013 GHC Specialty Brends, I.I.C. Reference Number. 900101 vwwvbenmeadows.comlben-meadows-fiberglass-strearrt-gauge-4vv-english-Q4 s_125114/ 1/2 ATTACHMENT E - Professional Engineer's Certification Professional Engineer's Certification: I, ( b { i P. 00h OLD attest that this application for (Professional Engineer's name from Application Item M.1.) M kso&� u,8VAN O SA-PPH I I? Owe (Facility name from Application Item 11.1.) has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with this application package and its instructions, as well as all applicable regulations and statutes. Although other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. *Please see footnote NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. North Carolina Professional Engineer's seal, signature, and date: *As described In the cover letter, this simplified system, consisting of two small excavated sediment ponds and portable trash pumps to provide wash water for Mason's Mine (tourist gem mine), was constructed decades ago, presumably without any engineering design or plans. Therefore, I can only attest to the field observations and estimated measurements I made during a site visit conducted on July 29, 2013. 1 cannot attest to any plans, engineering calculations, or other supporting documentation, since none was provided or available. .•N���rorrr,._ Applicant's Certification per 15A NCAC 02T .0106(b): I, o �• 3 AL p '•NGINEEQ'' Z from Application Item H.1.) that this application for has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that any discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Quality should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. I further certify that the Applicant or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A NCAC 02T .0105(e). NOTE — In accordance with General Statutes 143-215.6A and 143-215.613, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000asas well as civil penalties up to $25,00000pper violation. Signature: Signature: �!` --�—�C ` - Date: FORM: CLRS 08-11 N Page 8 of 7 \y