WQ0003442_Final Permit_20230823

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
KEITH M. MADDOX — MANAGER
WESSER RUBY MINE, LLC
459 MOUNTAIN BREEZE ROAD
FRANKLIN, NORTH CAROLINA 28734
Dear Mr. Maddox,
NORTH CAROLINA
Environmental Quality
August 23, 2023
Subject: Permit No. WQ0003442
Nantahala Gorge Ruby Mine
CLRS
Closed -Loop Recycle System
Swain County
In response to your permit renewal request received on March 28, 2023, and subsequent additional
information received on July 10, 2023, we are forwarding herewith Permit No. WQ0003442 dated August
23, 2023, to Wesser Ruby Mine, LLC for the continued operation of the subject closed -loop recycle
facilities.
This permit is effective from the date of issuance through October 31, 2029, shall replace Permit
No. WQ0003442 issued on March 9, 2018, and is subject to the conditions and limitations therein. The
Permittee shall submit a renewal application no later than May 4, 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 conditions since the last permit issuance dated
March 9, 2018:
➢ Old Condition IV2 — The Division has removed this condition because it is not applicable to
this facility.
➢ Old Condition VL2 — The Division has removed this condition because permits are not
voidable.
The following permit conditions are new since the last permit issuance dated March 9, 2018:
➢ Condition IL3 —This condition includes the setbacks for the recycle and storage facilities.
➢ Condition IIL5 — This condition requires the Permittee prevent direct cross -connections
between the closed -loop system and potable water systems.
➢ Condition IIL6 — This condition requires the Permittee 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.
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

Mr. Keith M. Maddox
August 23, 2023
Page 2 of 2
➢ Condition II1.12 —This condition requires the Permittee test and calibrate metering equipment
annually.
➢ Condition V1.10 —This condition requires the Permittee pay an annual fee for each year of the
term of this permit.
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 Leah Parente at (919)
707-3656 or leah.parentekdeq.nc.gov.
Sincerely,
DDocuSigned by:
T..u.
"WoN83
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Swain 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
Wesser Ruby Mine, LLC
Swain County
FOR THE
continued operation of a 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; a 20 foot by 40 foot sedimentation pond
with a protective 2 foot berm collecting water from the foot of both sluices; a separate 3 hp pump and water
line 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 on March 28, 2023, subsequent additional information received on July 10, 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 October 31, 2029, shall replace Permit No.
WQ0003442 issued on March 9, 2018, 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)]
2. The Permittee shall request renewal of this permit on Division -approved forms no later than May 4,
2029. [15A NCAC 02T .0105(b), 02T .0109, 02U .0105, 02U .0109]
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II. 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]
3. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks:
a. The Division permitted modifications to the treatment, storage, and recycle units on April 4, 1997,
with an application received on February 28,1997. The setbacks for treatment, storage, and recycle
units originally permitted or modified with an application received from February 1, 1993, through
August 31, 2006, are as follows (all distances in feet):
i. Each private or public water supply source:
100
ii. Surface waters:
50
In. Each well with exception of monitoring wells:
100
iv. Each property line:
501
v. Nitrification field:
20
' Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[ 15A NCAC 02H .0219(j)(5)1
III. OPERATION AND MAINTENANCE
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)]
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]
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4. The Permittee shall prohibit public access to the treatment, storage, and recycle facilities. [15A NCAC
02U .0404(b)(1)]
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)]
7. The Permittee shall dispose of or utilize generated residuals in a Division -approved manner. [15A
NCAC 02T .1101, 02U .08021
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 maintain a freeboard greater than two feet in the sedimentation pond. [ 15A NCAC
02U .0404(c)(6)1
10. The Permittee shall provide gauges to monitor freeboard levels in the sedimentation pond. These
gauges 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)]
11. 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(a)]
12. The Permittee shall test and calibrate metering equipment annually. [15A NCAC 02U .0801(d)]
13. The Permittee shall 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 .0 1 08(b)(1)(A)]
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 sedimentation 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 .0108]
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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)]
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
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)1
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)]
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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 23,d day of August 2023
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DocuSigned by:
Na�%auna�,l 'I�,avu WO
D1043082080C483...
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0003442
WQ0003442 Version 4.0 Shell Version 230516 Page 6 of 6

Nathan Maddox and Tonia Maddox Edwards
459 Mountain Breeze Rd
Franklin, NC 28734
May 1, 2023
We (Nathan & Tonia Maddox) being joint land owners, of 6.68 acres more or less
found at 11900 Highway 19 West, do hereby offer Wesser Ruby Mine LLC (WRM
LLC) the use of our land provided WRM LLC:
1. purchases general liability insurance and names us as co-insured on the
policy and
2. Pays us rent in the amount of $2,000 a summer ($1,000 each) and
3. Pays for and maintains a security light at the business location
4. Pays for and maintains a port-a-John/port-a-potty at the business location
Nathan Maddox A� G Date 7.- �r -Z-3
(Notary Seal) Sworn Co, 9 PAa J- �� -'f4fV �
� , PAY.
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F°z UVA-O
Tonia Maddox
(Notary Seal)
Keith Maddox
(Notary Seal)
Date
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Acknowledgement
STATE OF 0CanV,
COUNTY OF JkO44L-hr,
I certify that (AAAu)C LA Nj r personally appeared before me this day, acknowledging
to me that he or she signed the foregoing document: o Aw,4 tj Ne.S*
Name or description of attaAed document
I further certify that (select one of the following identification options):
`R I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or
federal identification with the principal's photograph in the form of a
type of identification
❑ A credible witness,
has sworn or affirmed to me the
name of credible witness
identity of the principal, and that he or she is not a named parry to the foregoing
document, and has no interest in the transaction.
Date: ' L-V -17 4—� �� "
Notary
MSSA*Ave\
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(Officia S00%I.1,1 t 111/4� Typed or Printed Notary Name
`%0�'D'4Ty����' My commission expires: Ip 21
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FIGURE 1 — SITE MAP• '
Nantahala Gorge Ruby Mine CLRS 1
11590 Highway 19 West 4 j `•.
Bryson City, North Carolina 28713
r*
F
f—
Permit Number: WQ0003442 Version 4.0