WQ0003590_Final Permit_20240529

May 29, 2024
KENNETH D. PICKETT
POST OFFICE BOX 1744
BOONE, NORTH CAROLINA 28607
Subject: Permit No. WQ0003590
The Greater Foscoe Mining
Company CLRS
Closed-Loop Recycle System
Watagua County
Dear Mr. Pickett,
In response to your permit renewal request received on March 6, 2024, and subsequent additional
information received on May 21, 2024, we are forwarding herewith Permit No. WQ0003590 dated May
29, 2024, to Kenneth D. Pickett for the continued operation of the subject closed-loop recycle facilities.
This permit is effective from the date of issuance through October 31, 2031, shall replace Permit
No. WQ0003590 issued on June 28, 2018, and is subject to the conditions and limitations therein. The
Permittee shall submit a renewal application no later than May 4, 2031.
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
June 28, 2018:
➢ Old Condition IV.2 – The Division has removed this condition because effluent, groundwater,
and surface water monitoring is not part of the subject permit.
➢ Old Condition VI.2 – The Division has removed this condition because permits are not
voidable.
The following permit conditions are new or modified since the last permit issuance dated June
28, 2018:
➢ Condition III.5 – This condition requires the Permittee prevent direct cross-connections
between the closed-loop system and potable water systems if the Permittee uses potable water
to supplement a closed-loop recycle water system.
➢ Condition III.6 – 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.
Mr. Kenneth D. Pickett
May 29, 2024
Page 2 of 2
➢ Condition III.10 – This condition requires the Permittee test and calibrate metering equipment
annually.
➢ Condition IV.3 – The Division has modified the record keeping duration for this condition from
five years to eight years because this permit renewal shall be for eight years per 15A NCAC
02T .0111(e).
➢ Condition IV.4 – The Division has modified the record keeping duration for this condition from
five years to eight years because this permit renewal shall be for eight years per 15A NCAC
02T .0111(e).
➢ Condition V.2 – The Division has modified the record keeping duration for this condition from
five years to eight years because this permit renewal shall be for eight years per 15A NCAC
02T .0111(e).
➢ Condition VI.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. 150B-23(a).
If you need additional information concerning this permit, please contact Leah Parente at (919)
707-3656 or [e-mail].
Sincerely,
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Watauga County Health Department (Electronic Copy)
Winston-Salem Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)

WQ0003590 Version 4.0 Shell Version 230725 Page 1 of 7
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
Kenneth D. Pickett
Watauga County
FOR THE
continued operation of a closed-loop recycle facility consisting of:
three 500 gallon settling tanks with a 1 horsepower (hp) pump; four storage tanks in series with a combined
capacity of approximately 4,000 gallons and a 1 hp effluent pump that recycles water back to the troughs;
and all associated piping, valves, controls, and appurtenances
to serve the Greater Foscoe Mining Company CLRS, with no discharge of wastes to surface waters,
pursuant to the application received on March 6, 2024, subsequent additional information received on May
21, 2024, 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, 2031, shall replace Permit No.
WQ0003590 issued on June 28, 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,
2031. [15A NCAC 02T .0105(b), 02T .0109, 02U .0105, 02U .0109]

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II. PERFORMANCE STANDARDS
1. 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 originally permitted the treatment, storage, and recycle units (i.e., two 500 gallon
settling tanks) on July 16, 1990, with an application received on May 23, 1990. The setbacks for
treatment, storage, and recycle units originally permitted or modified with an application received
from October 1, 1987, through January 31, 1993, are as follows (all distances in feet):
i. Each private or public water supply source: 100
ii. Each well with exception of monitoring wells: 100
iii. Each property line: 50 1
iv. Nitrification field: 20
1 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)]
b. The Division permitted modifications to the treatment, storage, and recycle units (i.e., adding a
third 500 gallon settling tank and four storage tanks) on May 17, 1999, with an application received
on February 15, 1999. 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
iii. Each well with exception of monitoring wells: 100
iv. Each property line: 50 1
v. Nitrification field: 20
1 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)]

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III. OPERATION AND MAINTENANCE
1. The Permittee shall operate and maintain the subject facilities as a non-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 .0801(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)]
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 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)]
10. The Permittee shall test and calibrate metering equipment annually. [15A NCAC 02U .0801(d)]

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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 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)]
3. 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)]
4. Noncompliance Notification:
The Permittee shall report to the Winston-Salem 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 Winston-Salem 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]

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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)]
3. 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)]
VI. 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)]
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 .0108]
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(j), 02U .0105]

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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]
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]

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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 .0105(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. 143-215.3D(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 29th day of May 2024
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
____________________________________________
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0003590
Permit Number: WQ0003590 Version 4.0

FIGURE 1 – SITE MAP
The Greater Foscoe Mining Company CLRS
8998 Highway 105 S
Banner Elk, North Carolina 28604
Site Map for WQ0003590
N
MAP NOT TO SCALE
..Settling Tanks (3 – 500 gallon)
One 1-HP Pump
Storage Tanks (4 – ~1,000 gallon)
One 1-HP Pump