WQ0006075_Final Permit_20230706

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
MADONNA KAY BUCHANAN
POST OFFICE BOX 488
SPRUCE PINE, NORTH CAROLINA 28777
Dear Ms. Buchanan,
NORTH CAROLINA
Environmental Quality
July 6, 2023
Subject: Permit No. WQ0006075
Gem Mountain Gemstone
Mine CLRS
Closed -Loop Recycle System
Mitchell County
In response to your permit renewal request received on April 21, 2023, we are forwarding herewith
Permit No. WQ0006075 dated July 6, 2023, to Madonna Kay Buchanan for the continued operation of the
subject closed -loop recycle facilities.
This permit is effective from the date of issuance through September 30, 2029, shall replace Permit
No. WQ0006075 issued on November 21, 2017, and is subject to the conditions and limitations therein.
The Permittee shall submit a renewal application no later than April 3, 2029.
Please pay 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 may result in non-compliance.
The Division has removed the following permit condition since the last permit issuance dated
November 21, 2017:
➢ Old Condition VL2 — The Division removed this condition because permits are not voidable.
The following permit conditions are new or modified since the last permit issuance dated
November 21, 2017:
➢ Condition I.1 (previously VL5) — The Permittee shall submit a permit modification request
within 90 days of a change in ownership or a name change.
➢ Condition L2 — This condition notes the date the renewal application is due.
➢ Condition IL3 — The Division reviewed historical permit documents and removed the setback
requirements for this facility based on its original permit issuance date.
➢ Condition IIL5 — The Permittee shall not create any cross connections between their closed -
loop system and any potable water systems.
D � 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 CAROLINA
'.'roMMm 0­; /I 919,707,9000

Ms. Madonna Kay Buchanan
July 6, 2023
Page 2 of 2
➢ Condition IIL6 — If the Permittee cannot recycle water, then they shall stop production of
effluent and either return it to the treatment facility, store it, or discharge it to another permitted
wastewater treatment facility.
➢ Condition IIL9 — The Permittee shall provide either a water -tight seal on all treatment, storage,
and/or recycle units, or two feet of protection for protection from the 100-year floodplain.
➢ Condition II1.13 —The Permittee shall test and calibrate any metering equipment annually.
➢ Condition VL9 — The Division will not renew the permit if there are unpaid annual fees.
This permit can be contested as provided in Chapter 150B of the North Carolina General Statutes
by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within 30 calendar days. Requirements for filing a Petition are set forth in Chapter 150B
of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Those
interested in filing may access additional information regarding the requirements for filing a Petition and
Petition forms at the OAH website or by calling the OAH Clerk's Office at [phone]. A party filing
a Petition shall serve a copy of the Petition on the Department of Environmental Quality's Office of General
Counsel at 1601 Mail Service Center, Raleigh, NC 27699-1601. If the party filing the Petition is not the
Permittee, then the party shall also serve the Permittee pursuant to G.S. 15013-23(a).
If you need additional information concerning this permit, please contact Alys Hannum at (919)
707-3657 or alys.hannumkdeq.nc.gov.
Sincerely,
DocuSigned by:
Na�%aun tt,� Tu"Wo
D1043082680C483...
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Mitchell County Health Department (Electronic Copy)
Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
CLOSED -LOOP RECYCLE SYSTEM PERMIT
Pursuant to 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
Madonna Kay Buchanan
Mitchell County
FOR THE
continued operation of a closed -loop recycle facility consisting of -
two 1,178 gallon concrete settling tanks; a 2,000 square foot (ft2) final settling pond with dimensions of
approximately 100 feet x 20 feet x 3 feet; a recycle pump; and all associated piping, valves, controls, and
appurtenances
to serve the Gem Mountain Gemstone Mine CLRS, with no discharge of wastes to surface waters, pursuant
to the application received on April 21, 2023, and in conformity with the Division -approved plans and
specifications considered a part of this permit.
This permit is effective from the date of issuance through September 30, 2029, shall replace Permit No.
WQ0006075 issued on November 21, 2017, and is subject to the following conditions and limitations:
I. SCHEDULES
1. If the permitted facilities change ownership or the Permittee changes its name, the Permittee shall
submit a permit modification request on Division -approved forms within 90 days of the change of
ownership. The Permittee shall comply with all terms and conditions of this permit until the Division
transfers the permit to the successor -owner. [G.S. 143-215.1(d3)1
2. The Permittee shall request renewal of this permit on Division -approved forms no later than April 3,
2029. [15A NCAC 02T .0105(b), 02T .0109, 02U .0105, 02U .0109]
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IL PERFORMANCE STANDARDS
The Permittee shall operate and maintain the subject closed -loop recycle facilities so there is no
discharge to surface waters, nor any contravention of groundwater or surface water standards. In the
event the facilities do not perform as designed, 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 closed -loop recycle
facilities. [15A NCAC 02T .0108(b)(1)(A), 02U .0108]
2. This permit shall not relieve the Permittee of its responsibility for contravention of groundwater or
surface water standards resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A),
02U .0108]
The permitted facilities have no setbacks. The original permit (Permit No. 14790) pre -dates
administrative code 15A NCAC 02H .0219(j), which was effective October 1, 1987. Since no
modifications or expansions have been made to the originally permitted facility, the facility is still
covered under the 15A NCAC 02H .0200 rules effective February 1, 1976, which contain no setback
requirements. [ 15A NCAC 02H .02001
III. OPERATION AND MAINTENANCE
1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC
02U .0101]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include:
a. A description of the operation of the system in sufficient detail to show what operations are
necessary for the system to function and who shall conduct the operations.
b. A description of the anticipated maintenance of the system.
c. Provisions for safety measures, including restriction of access to the site and equipment.
d. Spill control provisions that include response to upsets and bypasses, including control,
containment, and remediation; and contact information for personnel, emergency responders, and
regulatory agencies.
[ 15A NCAC 02U .080I (a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified
Operator in Responsible Charge (ORC), and one or more certified operators as Back-up ORCs. The
ORC or its Back-up shall operate and visit the facilities as required pursuant to 15A NCAC 08G .0204
and 08G .0205.
At the time of this permit issuance, the WPCSOCC does not require an ORC and Back-up ORC for
Closed -Loop Recycle Systems. [ 15A NCAC 02T .0117, 02U .0117]
4. The Permittee shall prohibit public access to the treatment, storage, and recycle facilities. [15A NCAC
02U .0404(b)(1)]
5. If the Permittee uses potable water to supplement a closed -loop recycle water system, there shall be no
direct cross -connections between the closed -loop system and potable water systems, unless the Division
has approved the connection pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0404(b)(2)]
6. The Permittee shall stop the production of effluent and return the effluent to the treatment facility, store
the effluent, or discharge the effluent to another permitted wastewater treatment facility when recycling
cannot occur. [ 15A NCAC 02U .0404(c)(1)]
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7. The Permittee shall dispose of or utilize generated residuals in a Division -approved manner. [15A
NCAC 02T .1101, 02U .0802]
8. The Permittee shall not divert or bypass untreated or partially treated recycle water from the subject
facilities. [15A NCAC 02T .0108(b)(1)(A), 02U .0108]
9. The Permittee shall provide a water -tight seal on all treatment, storage, and recycle units or provide
two feet of protection from the 100-year floodplain elevation. [ 15A NCAC 02U .0404(c)(5)]
10. The Permittee shall maintain a freeboard greater than two feet in the 2,000 ft2 final settling pond. [ 15A
NCAC 02U .0404(c)(6)]
11. The Permittee shall provide a gauge to monitor freeboard levels in the 2,000 ft2 final settling pond. This
gauge shall have readily visible permanent markings, at inch or tenth of foot increments, indicating the
following elevations: the maximum liquid level at the top of the temporary liquid storage volume, the
minimum liquid level at the bottom of the temporary liquid storage volume, and the lowest point on top
of the dam. [ 15A NCAC 02U .0801(f)]
12. The Permittee shall establish and maintain a protective vegetative cover on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., the outside toe of the
embankment to the maximum allowable temporary storage elevation on the inside of the embankment).
The Permittee shall remove all trees, shrubs, and other woody vegetation from earthen dikes and
embankments. The Permittee shall keep all earthen embankments mowed or otherwise controlled and
accessible. [15A NCAC 02U .0801(g)1
13. The Permittee shall test and calibrate metering equipment annually. [ 15A NCAC 02U .0801(d)]
IV. MONITORING AND REPORTING
1. The Permittee shall conduct and report any Division -required monitoring, including the monitoring of
groundwater, surface water or wetlands, waste, wastewater, residuals, soil, treatment processes, lagoon
or storage ponds, and plant tissue, if necessary to evaluate this facility's impact on groundwater and
surface water. [ 15A NCAC 02T .0108(c), 02U .0108]
2. The Permittee shall measure and record weekly to the nearest inch or tenth of a foot of freeboard (Le.,
the waste level to the lowest embankment elevation) in the 2,000 ft2 final settling pond. The Permittee
shall maintain the weekly freeboard records for eight years and shall make them available to the
Division upon request. [ 15A NCAC 02T .0108(c), 02U .01081
3. The Permittee shall maintain records of all residuals removed from this facility. The Permittee shall
maintain these records for eight years and shall make them available to the Division upon request.
These records 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. Residuals hauling date.
d. Volume of residuals removed.
[ 15A NCAC 02U .0802(b)]
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4. The Permittee shall keep a log of all maintenance done at this facility. The Permittee shall maintain
this log for eight years and shall make it available to the Division upon request. This log shall include:
a. Visual observations of the plant and plant site.
b. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing,
inspections, cleanings, etc.).
[ 15A NCAC 02U .0801(h)]
5. Noncompliance Notification:
The Permittee shall report to the Asheville Regional Office, telephone number [phone], within
24 hours of first knowledge 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, structural, etc.) that makes the facility
incapable of adequate wastewater treatment.
c. Any facility failure resulting in a discharge to surface waters.
d. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at the telephone number [phone]. All noncompliance notifications shall
file a written report to the Asheville Regional Office within five days of first knowledge of the
occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not
recur. [15A NCAC 02T .0108(b)(1)(A), 02U .0108]
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the closed -loop
recycle facilities. [15A NCAC 02U .0801(i)]
2. The Permittee shall inspect the closed -loop recycle facilities to prevent malfunctions, facility
deterioration, and operator errors that may result in discharges of wastes to the environment, threats to
human health, or public nuisances. The Permittee shall maintain an inspection log that includes the
date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken.
The Permittee shall maintain this inspection log for eight years from the date of the inspection and shall
make this log available to the Division upon request. [15A NCAC 02U .0801(h), 02U .0801(i)]
Division -authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the permitted closed -loop recycle facilities at any reasonable
time for determining compliance with this permit. Division -authorized representatives may inspect or
copy records maintained under the terms and conditions of this permit and may collect influent,
treatment process water, effluent, residual, soil, plant tissue, groundwater, or surface water samples.
[ G. S. 143 -215.3 (a)(2)1
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Vl. GENERAL
1. The Permittee's failure to comply with this permit's conditions and limitations may subject the
Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.6B, 143-215.6C]
2. This permit is effective only for the nature and volume of wastes described in the permit application
and Division -approved plans and specifications. [G.S. 143-215.1(d)1
3. There are no variances to administrative codes or general statutes governing the construction or
operation of the permitted facilities unless the Permittee specifically requested a variance in the
application and the Division approved the variance as noted in this permit's facility description. [15A
NCAC 02T .0105(b), 02U .0105]
4. This permit does not exempt the Permittee from complying with all statutes, rules, regulations, or
ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require.
[15A NCAC 02T .0108(b)(1)(A), 02U .01081
5. The Permittee shall retain this permit and the Division -approved plans and specifications for the life of
the permitted facilities. [15A NCAC 02T .0105(o), 02T .0116(d), 02U .0105, 02U .0116]
6. The Permittee shall comply with all permit conditions and requirements until the proper closure of the
permitted facilities, or until another appropriate authority permits the facilities. [15A NCAC 02T
.0105 , 02U .0105]
7. This permit is subject to revocation or modification upon 60-day notice from the Division Director in
whole or part for:
a. Violation of any terms or conditions of this permit or 15A NCAC 02U.
b. Obtaining a permit by misrepresentation or failure to disclose all relevant facts.
c. The Permittee's refusal to allow authorized Department employees upon presentation of
credentials:
I. To enter the Permittee's premises where a system is located or where the Permittee keeps any
Division -required records under the terms and conditions of this permit.
ii. To have access to any permit -required documents and records.
iii. To inspect any monitoring equipment or method as required in this permit.
iv. To sample any pollutants.
d. The Permittee's failure to pay the annual fee for administering and compliance monitoring.
e. A Division determination that the conditions of this permit conflict with the North Carolina
Administrative Code or General Statutes.
[ 15A NCAC 02T .0110, 02U .0110]
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8. Unless the Division determines that the Permittee needs a permit modification for the construction of
facilities to resolve non-compliance with any environmental statute or rule, or the Division Director
grants a variance, expansion of the permitted facilities shall not occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and the Permittee or any parent, subsidiary, or other affiliate of
the Permittee has abandoned or exhausted all appeals of this conviction.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility in accordance with its permit
or 15A NCAC 02U.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and the Permittee or any parent, subsidiary, or other affiliate of the Permittee has
abandoned or exhausted all appeals of this penalty.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee pursuant to 15A NCAC 02T .0105(e)(2).
[ 15A NCAC 02T .0120(b), 02T .0120(d), 02U .0120]
9. Unless the Division Director grants a variance, the Division shall not renew this permit if the Permittee
or any affiliation has not paid an annual fee pursuant to 15A NCAC 02T .0I05(e)(2). [15A NCAC 02T
.0120 c , 02T .0120(d), 02U .0120]
10. The Permittee shall pay an annual fee for each year of the term of this permit pursuant to the schedule
in G.S. 143-215.31)(a). The Permittee shall continue to pay annual fees for any facility operating on
an expired permit that the Division has not rescinded or revoked. [15A NCAC 02T .0105(e)(2), 02U
.0105]
Permit issued this the 6t1i day of July 2023
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DocuSigned by:
Na�iA ounat,� T,ovtn. WO
D1043082680C483...
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0006075
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ArcGIS Web Map
6/15/2023. 3:38:24 PM 1:1,059
0 0.01 0.02 0.04 mi
Permit Number: WQ0006075
0.01 0.03 0.06 km
NC CGIA, Maxar, Microsoft, Esri Community Maps
Cantributor . State of North Carolina DOT. Tennessee
STS GIS, @ Open StreetMap, Microsoft, Esri, HERE,
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Version 4.0