WQ0003442_CEI_NOD-2023-PC-0133_20230515

May 15, 2023

Keith Maddox
Wesser Ruby Mine LLC
459 Mountain Breeze Rd.
Franklin, NC 28734

SUBJECT: NOTICE OF DEFICIENCY
Tracking Number: NOD-2023-PC-0133
Permit No. WQ0003442
Nantahala Gorge Ruby Mine CLRS
Swain County

Dear Permittee:

The North Carolina Division of Water Resources conducted an inspection of the Nantahala Gorge Ruby Mine
CLRS on May 5, 2023. This inspection was conducted to verify that the facility is operating in compliance with
the conditions and limitations specified in Non-discharge Permit No. WQ0003442. A summary of the findings and
comments noted during the inspection are provided in the enclosed copy of the inspection report.

The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville
Regional Office. The following deficiencies were noted during the inspection:
Inspection Area Description of Deficiency _________________________________________________________________________________________________________________________________________________________________________
Record Keeping A maintenance log including freeboard logs and residuals removal records were not present.
See permit conditions IV.4-5.

Facility Operations A freeboard marker was not present in the settling pond. See permit condition IV.3. _________________________________________________________________________________________________________________________________________________________________________
DocuSign Envelope ID: D3FE1A57-FBBD-4320-BD0E-F979F449DFD0

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. Please provide an update to the ARO within 60 days of this letter. The Division of Water Resources may
pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully
review these deficiencies and address the causes of non-compliance to prevent the recurrence of similar situations.
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 [e-mail].

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS: Compliance Evaluation Inspection Report
Copy of Permit WQ0003442
Photographs

Ec: Laserfiche
DocuSign Envelope ID: D3FE1A57-FBBD-4320-BD0E-F979F449DFD0
Compliance Inspection Report
Permit:WQ0003442 Effective:03/09/18 Expiration:02/28/23 Owner :Wesser Ruby Mine LLC
SOC:
Contact Person:
Region:
County:
Directions to Facility:
Swain
Asheville
Keith N Maddox
Effective:Expiration:Facility:Nantahala Gorge Ruby Mine CLRS
11900 US 19 74 W
Bryson City NC 28713
Title:Phone:[phone]Manager
From Asheville, follow I-40 west ~15 miles to Rt. 19 west. Follow Rt. 19 west ~25 miles, through Collins Gap. The mine is on the
right, approx. one mile east of the Town of Wesser.
Secondary ORC(s):
Phone:Certification:Primary ORC:
System Classifications:
On-Site Representative(s):
Related Permits:
Secondary Inspector(s):
Primary Inspector:
Inspection Date:Exit Time:Entry Time:
Phone:
05/05/2023 01:00PM 01:30PM
Melanie Kemp
Facility Status:
Permit Inspection Type:
Reason for Inspection:Inspection Type:
Not CompliantCompliant
Routine
Closed-Loop Recycle
Compliance Evaluation
Question Areas:
Miscellaneous Questions Record Keeping Storage
(See attachment summary)
Page 1 of 4
DocuSign Envelope ID: D3FE1A57-FBBD-4320-BD0E-F979F449DFD0
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0003442
05/05/2023 Compliance Evaluation
Wesser Ruby Mine LLC
Routine
Inspection Summary:
Melanie Kemp, with the Asheville Regional Office, conducted a compliance evaluation inspection of the Nantahala Gorge
Ruby Mine on May 5, 2023. This inspection was conducted to verify the system is operating in compliance with
non-discharge Permit No. WQ0003442. Nathan Maddox, the owner’s son and primary contact was present and assisted
with the inspection.
Freshwater from Collins Creek is pumped into a holding pond before being pumped to the sluices. Used water from gem
mine operations is discharged to a settling pond where it is then pumped for re-use/recycle in the sluices. Dirt is excavated
from the settling pond as needed.
Currently, the permit description of the facility is incorrect. There is only one 20 x 40 ft settling pond – the earthen barrier
between the original two ponds was removed.
The facility is currently non-compliant due to the following deficiencies:
•There is no freeboard marker in the settling pond. A freeboard marker needs to be installed to ensure freeboard is always
kept at or above 2 feet. See permit condition IV.3 for details.
•A maintenance log including freeboard logs and residuals removal were not present. See permit conditions IV.4-5.
To qualify as deemed-permitted under 15A NCAC 02U, item 18 rules, the following steps would need to be taken:
•Install a flow meter and record/track flow to ensure it is less than 100,000 gallons-per-day (GPD). Currently, the facility
is permitted at 115,200 GPD.
•Install a freeboard marker (as noted above).
•Create a spill control plan for the facility and provide a copy to the Asheville Regional Office.
Page 2 of 4
DocuSign Envelope ID: D3FE1A57-FBBD-4320-BD0E-F979F449DFD0
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0003442
05/05/2023 Compliance Evaluation
Wesser Ruby Mine LLC
Routine
Type Yes No NA NE
Infiltration System
Reuse (Quality)
Single Family Spray, LR
Lagoon Spray, LR
Activated Sludge Spray, LR
Activated Sludge Spray, HR
Activated Sludge Drip, LR
Single Family Drip
Recycle/Reuse
Record Keeping Yes No NA NE
Is a copy of current permit available?
Are monitoring reports present: NDMR?
NDAR?
Are flow rates less than of permitted flow?
Are flow rates less than of permitted flow?
Are application rates adhered to?
Is GW monitoring being conducted, if required (GW-59s submitted)?
Are all samples analyzed for all required parameters?
Are there any 2L GW quality violations?
Is GW-59A certification form completed for facility?
Is effluent sampled for same parameters as GW?
Do effluent concentrations exceed GW standards?
Are annual soil reports available?
# Are PAN records required?
# Did last soil report indicate a need for lime?
If so, has it been applied?
Are operational logs present?
Are lab sheets available for review?
Do lab sheets support data reported on NDMR?
Do lab sheets support data reported on GW-59s?
Are Operational and Maintenance records present?
Were Operational and Maintenance records complete?
Has permittee been free of public complaints in last 12 months?
Is a copy of the SOC readily available?
Page 3 of 4
DocuSign Envelope ID: D3FE1A57-FBBD-4320-BD0E-F979F449DFD0
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0003442
05/05/2023 Compliance Evaluation
Wesser Ruby Mine LLC
Routine
No treatment units bypassed since last inspection?
Maintenance records need to be kept on site, including freeboard logs and residual removal
records. A copy of the permit is included with this CEI report.
Comment:
Page 4 of 4
DocuSign Envelope ID: D3FE1A57-FBBD-4320-BD0E-F979F449DFD0
Water Resources
ENVIRONMENTAL QUALITY
March 9, 2018
KEITH M. MADDOX —MANAGER
WESSER RUBY MINE, LLC
POST OFFICE BOX 159
ALMOND, NORTH CAROLINA 28702
Dear Mr. Maddox:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Subject: Permit No. WQ0003442
Nantahala Gorge Ruby Mine CLRS
Closed -Loop Recycle System
Swain County
In accordance with your permit renewal request received October 2, 2017, and subsequent
additional information received January 10, 2018, we are forwarding herewith Permit No. WQ0003442
dated March 9, 2018, to Wesser Ruby Mine, LLC for the continued operation of the subject wastewater
treatment and closed-loop recycle facilities.
This permit shall be effective from the date of issuance until February 28, 2023, shall void Permit
No. W00003442 issued October 17, 2008, and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring requirements listed in Section IV for they may
differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems.
Please note the following permit conditions are new since the last permit issuance dated
October 17,2008:
Condition III.2. — This condition requires that the Permittee designate and employ a certified
operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s)
if the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classifies the subject non -discharge facilities.
Condition IV.2. — This condition requires that a Division certified laboratory conduct all
laboratory analyses for the required effluent, groundwater or surface water parameters.
Condition IV.3. — This condition requires that the freeboard in the two sedimentation ponds be
measured to the nearest inch or tenth of a foot, and recorded weekly.
Condition IV A. — This condition requires that a record be maintained of all residuals removed
from this facility.
Condition IV.5. —This condition requires that a maintenance log be kept at this facility
NotMng Compares,,.
State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-807-6332
DocuSign Envelope ID: D3FE1A57-FBBD-4320-BD0E-F979F449DFD0
Mr. Keith M. Maddox
March 9, 2018
Page 2 of 2
Condition VI.7. — This condition requires the Permittee to maintain this permit until all
permitted facilities are properly closed or permitted under another permit.
Condition VI.8. — This condition notes that this permit is subject to revocation or unilateral
modification within 60 days' notice from the Division if the terms in 15A NCAC 02T .0110
are violated.
Condition VI.9. —This condition notes that the facilities in this permit may not be expanded if
the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b).
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall 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 at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding.
If you need additional information concerning this permit, please contact Alice M. Wessner at (919)
807-6425 or [e-mail].
Sincerely,
ar Linda Culpepper, Interim Director
Division of Water Resources
cc: Swain County Health Department (Electronic Copy)
Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
DocuSign Envelope ID: D3FE1A57-FBBD-4320-BD0E-F979F449DFD0
I.
ROTRITF19MY"TIT9 RT"
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
CLOSED-LOOP RECYCLE SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Wesser Ruby Mine, LLC
Swain County
FOR THE
continued operation of a 115,200 gallon per day (GPD) wastewater treatment and closed-loop recycle
facility consisting of:
two 50 foot long tourist gem mine sluices (each with a separate 3 horsepower (hp) pump and 1.5 -inch water
lines from an existing make-up water pond to the top of the sluice); dual 20 foot by 20 foot sedimentation
ponds in series with protective 2 foot berms (collecting the water from the foot of both sluices); a separate
3 hp pump and water line (at the second sedimentation pond) for returning water back to the top of each
sluice; and all associated piping, valves, controls, and appurtenances
to serve the Nantahala Gorge Ruby Mine CLRS, with no discharge of wastes to surface waters, pursuant to
the application received October 2, 2017, and subsequent additional information received by the Division
of Water Resources, and in conformity with the project plans, specifications, and other supporting data
subsequently filed and approved by the Department of Environmental Quality and considered a part of this
permit.
This permit shall be effective from the date of issuance until February 28, 2023, shall void Permit No.
W00003442 issued October 17, 2008, and shall be subject to the following specified conditions and
limitations:
No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application.
15A NCAC 02T.01 05(d), 02T.0 106, 02T.0 109]
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H. PERFORMANCE STANDARDS
1. The subject non -discharge facilities shall be effectively maintained and operated at all times so there is
no discharge to the surface waters, nor any contravention of groundwater or surface water standards.
In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions
due to improper operation and maintenance, the Permittee shall take immediate corrective actions
including Division required actions, such as the construction of additional or replacement wastewater
treatment or recycle facilities. [15A NCAC 02T .0108(b)(1)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. [15A NCAC 02B .0200, 02L .0100]
M. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting
from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan,
which at a minimum shall include operational functions, maintenance schedules, safety measures and
a spill response plan. [15A NCAC 02T .1007]
2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more
certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously cited rules. [ 15A NCAC 02T .0117]
3. Public access to the wastewater treatment facilities and closed-loop recycle system shall be prohibited.
15A NCAC 02T .1000(a)(1)]
4. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan
pursuant to 15A NCAC 02T.1008. [15A NCAC 02T .1008, 02T .1100]
5. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited. [15A NCAC 02T .0108(b)(1)]
6. Freeboard in the two sedimentation ponds shall not be less than two foot at any time. [ 15A NCAC 02T
1005(b)(6)]
7. Gauges to monitor waste levels in the sedimentation ponds shall be provided. These gauges shall have
readily visible permanent markings, at inch or tenth of a foot increments, indicating the following
elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid
level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam.
15ANCAC 02T.0108(b)(1)] .
8. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e.,
outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T
0108(b)(1)]
9. Adequate facilities shall be provided to prevent surface runoff from the mine facilities and any storm
water runoff from carrying any disposed of or stored material into the nearby stream. [ 15A NCAC 02T
0108(b)(1)]
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VA
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses)
necessary to ensure groundwater and surface water protection shall be established, and an acceptable
sampling reporting schedule shall be followed. [ 15A NCAC 02T .0108(c)]
2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent,
groundwater or surface water parameters. [15A NCAC 02H .0800]
3. Freeboard (i.e., waste level to the lowest embankment elevation) in the two sedimentation ponds shall
be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall
be maintained at the facility for a period of no less than five years, and shall be made available to the
Division upon request. [15A NCAC 02T .0108(c)]
4. A record shall be maintained of all residuals removed from this facility. This record shall be maintained
at the facility for a period of no less than five years, and shall be made available to the Division upon
request. At a minimum, this record shall include:
a. Name of the residuals hauler;
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
15A NCAC 02T .0108(b)(1)]
5. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a
period of no less than five years, and shall be made available to the Division upon request. At a
minimum, this log shall include:
a. Visual observations of the plant and plant site; and
b. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.).
15ANCAC 02T .0108(b)(1)]
6. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828) 296-
4500, 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. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons,
rendering the facility incapable of adequate wastewater treatment.
c. Any facility failure resulting in a by-pass directly to receiving surface waters.
d. Any time self-monitoring indicates the facility has gone out of compliance with its permit
limitations.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number [phone],[phone], or [phone]. Persons
reporting such occurrences by telephone shall also file a written report in letter form within five days
following first knowledge of the occurrence. This report shall outline the actions taken or proposed to
betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)]
WO0003442 Version 3.0 Shell Version 171103 Page 3 of 5
DocuSign Envelope ID: D3FE1A57-FBBD-4320-BD0E-F979F449DFD0
V. INSPECTIONS
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and recycle facilities. [15A NCAC 02T .0108(b)]
2. The Permittee or their designee shall inspect the wastewater treatment and recycle facilities to prevent
malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the
release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall
maintain an inspection log that includes, at a minimum, the date and time of inspection, observations
made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this
inspection log for a period of five years from the date of the inspection, and this log shall be made
available to the Division upon request. [15A NCAC 02T .0108(b)]
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the wastewater treatment and recycle facilities permitted
herein at any reasonable time for the purpose of determining compliance with this permit; may inspect
or copy any records required to be maintained under the terms and conditions of this permit, and may
collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)]
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an
enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to
143-215.6C. [G.S. 143-215.6A to 143-215.6C]
2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the
conditions of this permit, the Division approved plans and specifications, and other supporting
documentation. [15A NCAC 02T .0110]
3. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, Division approved plans and specifications, and other supporting documentation. No
variances to applicable rules governing the construction or operation of the permitted facilities are
granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n).
G.S. 143-21.5.1]
4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in
15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and
under General Permit NCGO10000; any requirements pertaining to wetlands under 15A NCAC 02B
0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the
General Statutes. [15A NCAC 02T .0105(c)(6)]
In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC
02T.0104]
6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0108(b)(1)]
7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T
01050)]
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8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T.01 10. [ 15A NCAC 02T .0110]
9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein
shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A
NCAC 02T.0120]
10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay
the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T
0105(e)(3)]
Permit issued this the 91 day of March 2018
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
3 -Linda Culpepper, Interim Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ000344
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Photographs – WQ0003442
Taken 05/05/2023

20x40 Settling (Reuse) Pond

Sluices used for gem mine operations.
Water retention pond (from Collins Creek)
DocuSign Envelope ID: D3FE1A57-FBBD-4320-BD0E-F979F449DFD0