WQ0006075_Rescission Denial Letter_20221128

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
MADONNA FOX — OPERATIONS MANAGER
POST OFFICE BOX 488
SPRUCE PINE, NORTH CAROLINA 28777
Dear Ms. Fox:
NORTH CAROLINA
Environmental Quality
November 28, 2022
Subject: Application No. WQ0006075
Permit Rescission Denial
Gem Mountain Gemstone
Mine CLRS
Closed -Loop Recycle System
Mitchell County
This letter is in reference to your permit rescission request received November 17, 2022.
The Central and Asheville Regional Offices have reviewed your permit rescission request and have
determined that the following items need to be addressed:
1. As indicated in the September 22, 2022 Compliance Inspection Report (attached), this facility
does not currently recycle water from the mining operations. The recycled water needs to be
pumped from the final settling pond into the sluice operation to avoid any potential discharge
from the final settling pond into surface waters.
2. A freeboard marker needs to be installed in the final settling pond to monitor freeboard levels.
Per Condition IIL6. of your existing permit, the final settling pond shall maintain a two foot
freeboard at all times.
3. Develop and provide a spill control plan to address the release of wastewater.
Accordingly, your permit rescission request has been denied because your facility does not
currently meet the deemed permitted requirements in 15A NCAC 02U .0113(a)(18).
Please contact the Asheville Regional Office at [phone] if you need assistance completing
the above items. Once these items have been addressed, you may resubmit your permit rescission request.
If you need additional information concerning this letter, please contact me at [phone] or
nathaniel.thomburg &ncdenr. gov.
Sincerely,
Nathaniel D. Thornburg, Branch Chi f
Division of Water Resources
cc: Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
D_E Q�� North Carolina Department of Environmental Quality i Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH GARouNn
©'"d-od Emlmnmenml Q_[m� 919,707,9000

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED
September 22, 2022
Madonna K Buchanan
Kay Buchanan
Emailed to: [e-mail]
SUBJECT: Compliance Inspection Report
Gem Mountain Gemstone Mine CLRS
Non -discharge Permit No. WQ0006075
Mitchell County
Dear Permittee:
The North Carolina Division of Water Resources conducted an inspection of the Gem Mountain
Gemstone Mine CLRS on 9/20/2022. This inspection was conducted to verify that the facility is
operating in compliance with the conditions and limitations specified in Non -discharge Permit No.
WQ0006075. The findings and comments noted during this inspection are provided in the enclosed
copy of the inspection report entitled "Compliance Inspection Report".
There were no significant issues or findings noted during the inspection and therefore, a response to this
inspection report is not required.
If you should have any questions, please do not hesitate to contact Melanie Kemp with the Water
Quality Regional Operations Section in the Asheville Regional Office at 828-296-4500 or via email at
[e-mail].
ATTACHMENTS
Ec: LF
Sincerely,
EP
DocuSigned by:
¢1wAi¢.
66E104D6013524FD...
Melanie Kemp, Environmental Specialist
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
828.296.4500

Compliance Inspection Report
Permit: WQ0006075 Effective: 11/21/17 Expiration: 10/31/22 Owner: Charles R Buchanan
SOC: Effective: Expiration: Facility: Gem Mountain Gemstone Mine CLRS
County: Mitchell 13780 Hwy 226 S
Region: Asheville
Spruce Pine NC 28777
Contact Person: Madonna K Buchanan Title: Co -Owner Phone: [phone]
Directions to Facility:
Take Hwy. 226 north to Spruce Pine. The facility is located on the left approximately 1 mile south of the Blue Ridge Parkway.
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
On -site representative Kay Buchanan
Related Permits:
Inspection Date: 09/20/2022 Entry Time 10:OOAM
Primary Inspector: Melanie Kemp Ds
Secondary Inspector(s): Mk
Reason for Inspection: Routine
Permit Inspection Type: Closed -Loop Recycle
Facility Status: Compliant ❑ Not Compliant
Question Areas:
Miscellaneous Questions Record Keeping
(See attachment summary)
Exit Time: 10:30AM
Phone:
Inspection Type: Compliance Evaluation
Storage
Page 1 of 4

Permit: WQ0006075 Owner - Facility: Charles R Buchanan
Inspection Date: 09/20/2022 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Melanie Kemp with the Asheville Regional Office performed a compliance evaluation inspection on September20, 2022 of
the Gem Mountain Gemstone Mine, associated with non -discharge permit number W00006075. Site representative Kay
Buchanan was present during the inspection, as well as the facilities manager.
When needed (approximately every other week during operation), water is piped from East Fork Grassy Creek into a storage
pond where it is then pumped up to the facility for use. The discharge pipe located within the storage pond was observed to
be capped during the inspection, to prevent discharge to the creek. The effluent water flows to two concrete settling tanks
before draining into a final settling pond. The residuals from the settling pond are removed monthly and the settling tanks are
cleaned weekly.
A maintenance and operation log, as well as notes regarding residuals removal, were kept on site in the office area.
Photographs associated with the site inspection are included below.
The owner indicated that there is not enough discharge water in the final settling pond to pump back into to the operations
for reuse. A freeboard marker was not observed in the final settling pond during the time of the inspection. As a reminder,
freeboard should be measured and recorded from the final settling pond in accordance with Section IV.3 of the permit.
Page 2 of 4

Permit: WQ0006075 Owner - Facility: Charles R Buchanan
Inspection Date: 09/20/2022 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Type
Yes No NA NE
Infiltration System
❑
Reuse (Quality)
❑
Lagoon Spray, LR
❑
Single Family Spray, LR
❑
Activated Sludge Spray, LR
❑
Activated Sludge Drip, LR
❑
Activated Sludge Spray, HR
❑
Single Family Drip
❑
Recycle/Reuse
Record Keeping
Yes No NA NE
Is a copy of current permit available?
0
❑ ❑ ❑
Are monitoring reports present: NDMR?
❑
❑ 0 ❑
NDAR?
❑
❑ 0 ❑
Are flow rates less than of permitted flow?
❑
❑ ❑
Are flow rates less than of permitted flow?
❑
❑ ❑
Are application rates adhered to?
❑
❑ 0 ❑
Is GW monitoring being conducted, if required (GW-59s submitted)?
❑
❑ 0 ❑
Are all samples analyzed for all required parameters?
❑
❑ 0 ❑
Are there any 2L GW quality violations?
❑
❑ 0 ❑
Is GW-59A certification form completed for facility?
❑
❑ N ❑
Is effluent sampled for same parameters as GW?
❑
❑ 0 ❑
Do effluent concentrations exceed GW standards?
❑
❑ 0 ❑
Are annual soil reports available?
❑
❑ 0 ❑
# Are PAN records required?
❑
❑ 0 ❑
# Did last soil report indicate a need for lime?
❑
❑ 0 ❑
If so, has it been applied?
❑
❑ 0 ❑
Are operational logs present?
0
❑ ❑ ❑
Are lab sheets available for review?
❑
❑ 0 ❑
Do lab sheets support data reported on NDMR?
❑
❑ 0 ❑
Do lab sheets support data reported on GW-59s?
❑
❑ 0 ❑
Are Operational and Maintenance records present?
0
❑ ❑ ❑
Were Operational and Maintenance records complete?
0
❑ ❑ ❑
Has permittee been free of public complaints in last 12 months?
❑
❑ ❑
Is a copy of the SOC readily available?
❑
❑ 0 ❑
Page 3 of 4

Permit: WQ0006075 Owner - Facility: Charles R Buchanan
Inspection Date: 09/20/2022 Inspection Type: Compliance Evaluation Reason for Visit: Routine
No treatment units bypassed since last inspection? 0 ❑ ❑ ❑
Comment:
FINAL SETTLING POND
Storage Yes No NA NE
Storage Type? Pond
Storage amount? 2000
Square Feet
# At what point is side -stream wastewater returned to treatment?
Is there a Spill Control Plan?
❑
❑ N ❑
Aerated or Mixed?
If aeration is present, is it adequate?
❑
❑ ❑
If present, are diffusers cleaned regularly?
❑
❑ 0 ❑
Is influent structure acceptable?
❑
❑ 0 ❑
Are banks/berms free of seepage and erosion?
0
❑ ❑ ❑
Are banks/berms free of excessive vegetation?
0
❑ ❑ ❑
Is pond lined?
❑
0 ❑ ❑
Liner Type
Unlined
Is liner acceptable?
❑
❑ 0 ❑
Are baffles/curtains acceptable?
❑
❑ 0 ❑
Does the pond have a freeboard marker?
0
❑ ❑ ❑
Required freeboard?
24
Inches
Actual freeboard?
24
Is there suitable grassed vegetation?
0
❑ ❑ ❑
Is the vegetation maintained?
0
❑ ❑ ❑
Is the area free of excessive weeds and/or woody species?
0
❑ ❑ ❑
Is the area free from signs of overflow?
0
❑ ❑ ❑
Is color acceptable?
0
❑ ❑ ❑
Are floating mats acceptable?
❑
❑ 0 ❑
No excessive buildup of solids?
❑
❑ ❑
Are aerators/mixers acceptable?
❑
❑ N ❑
Is effluent structure acceptable?
❑
❑ 0 ❑
If present, is pond cover acceptable?
❑
❑ 0 ❑
Comment: The pond is not lined.
Page 4 of 4

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