WQ0003442_More Information (Requested)_20230607

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
KEITH MADDOX — MANAGER
WESSER RUBY MINE, LLC
459 MOUNTAIN BREEZE ROAD
FRANKLIN, NORTH CAROLINA 28734
Dear Mr. Maddox:
NORTH CAROLINA
Environmental Quality
June 7, 2023
Subject: Application No. WQ0003442
Additional Information Request
Nantahala Gorge Ruby Mine CLRS
Closed -Loop Recycle System
Swain County
Division of Water Resources' Central and Regional staff has reviewed the application package
received on March 28, 2023. However, additional information is required before the review may be
completed. Please address the items on the attached pages no later than the close of business on July 7,
2023.
Please be aware that you are responsible for meeting all requirements set forth in North Carolina
rules and regulations. Any oversights that occurred in the review of the subject application package are
still the Applicant's responsibility. In addition, any omissions made in responding to the outstanding item
in Section A, or failure to provide the additional information on or before the above requested date may
result in your application being returned as incomplete pursuant to 15A NCAC 02T .0107(e)(2).
Please reference the subject application number when providing the requested information. All
revised and/or additional documentation shall be signed, sealed and dated (where needed), with an
electronic response submitted to my attention at: https:Hedocs.deq.nc.gov/Fonns/NonDischarge-Branch-
Submittal-Form-Ver2.
If you have any questions regarding this request, please contact me at [phone] or
[e-mail]. Thank you for your cooperation.
Sincerely,
� /ff /PmrA
Leah H. Parente, Geologist/Hydrogeologist
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 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
oepammem of eammamemai uuahty /`� 919.707.9000

Mr. Maddox
June 7, 2023
Page 2 of 2
A. Property Ownership Documentation:
The submitted application for the Nantahala Gorge Ruby Mine Closed -Loop Recycle System
(Permit WQ0003442) listed Keith Maddox Doing Business As (DBA) Wesser Ruby Mine, LLC as
the owner of the property. However, according to Swain County records, the property is owned by
Nathan Maddox and Tonia Edwards. An email was sent to Mr. Maddox on Monday, May 22, 2023,
requesting the applicant communicate if they would like to pursue a lease agreement for Wesser
Ruby Mine, LLC or have the permit issued directly to Mr. Maddox and Ms. Edwards.
Subsequently, Mr. Maddox and Ms. Edwards submitted a lease agreement. That agreement has
been reviewed, and additional information is needed. In order to issue Permit WQ0003442 to
Wesser Ruby Mine, LLC, a Lease Agreement that meets the Property Ownership Documentation
requirements in 15A NCAC 02U .0201(e)(4) must be provided. These requirements are as follows:
The applicant shall provide property ownership documentation to the Division consisting of -
An agreement to lease the property that is written, notarized, and signed by both parties,
indicating the intended use of the property, accompanied by a plat or survey map. When
this subparagraph is utilized to document property ownership, groundwater standards must
be met across the entire site and a compliance boundary need not be provided. Lease
agreements shall adhere to the requirements of 15A NCAC 02L .0107.