WQ0002401_Final Permit_19891211

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
.lames G. Martin, Governor R. Paul Wilms
William W. Cobey, Jr., Secretary Director
December 11, 1989
Mr. Marty Martinez
P. O. Box 490
Bonita Springs, Florida 33959
Subject: Permit No. WQ0002401
Marty and Becky Martinez
Rose Creek Mine and Campground
Recycle Facilities
Macon County
Dear Mr. Maitincz:
In accordance with your application received on September 14, 1989, we are forwarding
herewith Permit No. WQ0002401, dated December 11, 1989, to Mr. Marty Martinez for the
operation of the subject wastewater recycle facilities.
This permit shall be effective from the date of issuance until November 30, 1994, shall
supersede Permit No. 4784R, which was issued on August 17, 1983, and shall be subject to the
conditions and limitations as specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable to you,
you have the right to request an adjudicatory hearing upon written request within 30 days
following receipt of this permit. This request must be in the form of a written petition, conforming
to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Box 11666, Raleigh, NC 27604. Unless such demands are made this permit shall
be final and binding.
If you need additional 'information concerning this matter, please contact Randy Jones at
919/ 733-5083.
in erely,/
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R. Paul Wilms
cc: Macon County Health Department
Asheville Regional Office
Groundwater Section
Land Quality Section
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
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
Marty and Becky Martinez
Macon County
continued operation of a 20,000 GPD wastewater recycle system which consists of three sediment
settling ponds in series: pond A is 33' by 18' by 25'; B is 15' by 36' by 15'; C is 25' by 12' by
15', a recirculating pump system, and all other piping and appurtenances to serve the Rose Creek
Mine and Campground ruby mining operation with no discharge of wastes to the surface waters,
pursuant to the application received on September 14, 1989, and in conformity with the project
plan, specifications, and other supporting data subsequently filed and approved by the Department
of Environment, Health and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until November 30, 1994, shall
supersede Permit No. 4784R, which was issued on August 17, 1983, and shall be subject to the
following specified conditions and limitations:
This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans, specifications, and other supporting
data.
2. This permit is effective only with respect to the nature and volume of wastes described in
the application and other supporting data.
3. The facilities shall be properly maintained and operated at all times.
4. This permit is not transferable. In the event there is a desire for the facilities to change
ownership, or there is a name change of the Permittee, a formal permit request must be
submitted to the Division of Environmental Management accompanied by an application
fee, documentation from the parties involved, and other supporting materials as may be
appropriate. The approval of the request will be considered on its merits and may or may
not be approved.
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5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Penraittee shall take immediate corrective action, including those as
may be required by this Division, such as the construction of additional or replacement
wastewater treatment or disposal facilities.
6. The sludge generated from these treatment facilities must be disposed of in accordance with
General Statute 143-215.1 and in a manner approved by the North Carolina Division of
Environmental Management.
7. The issuance of this permit shall not relieve the Permittee of the responsibility for damages
to surface or groundwaters resulting from the operation of this facility.
8. 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.
9. Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited.
10. Freeboard in the sediment ponds shall not be less than two feet at any time.
11. Any monitoring deemed necessary by the Division of Environmental Management to insure
surface and ground water protection will be established and an acceptable sampling
reporting schedule shall be followed.
12. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to
insure proper operation of the subject facilities.
13. The Permittee or his designee shall inspect the wastewater recycle facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to
the release of wastes to the environment, a threat to human health, or a nuisance. The
Permittee shall keep an inspection log or summary including at least the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken
by the Permittee. This log of inspections shall be maintained by the Permittee for a period
of three years from the date of the inspection and shall be made available upon request to
the Division of Environmental Management or other permitting authority.
14. Any duly authorized officer, employee, or representative of the Division of Environmental
Management may, upon presentation of credentials, enter and inspect any property,
premises or place on or related to the disposal site and facility at any reasonable time for the
purpose of determining compliance with this permit; may inspect or copy any records that
must be kept under the terms and conditions of this permit; or may obtain samples of
groundwater, surface water, or leachate.
15. The annual administering and compliance fee must be paid by the Permittee within thirty
(30) days after being billed by the Division. Failure to pay the fee accordingly may cause
the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205
(c)(4).
16. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Environmental Management in
accordance with North Carolina General Statute 143-215.6.
17. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
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18. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office,
telephone no. 704/251-6208, 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. Any occurrence at the wastewater treatment facility which results in the treatment of
significant amounts of wastes which are abnormal in quantity or characteristic, such
as the dumping of the contents of a basin or tank; the known passage of a slug of
hazardous substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures
of pumps, aerators, compressors, etc.
C. Any failure of a pumping station, sewer line, or treatment facility resulting in a
by-pass directly to receiving waters without treatment of all or any portion of the
influent to such station or facility.
d. Any time that self-monitoring information indicates that the facility has gone out of
compliance with its permit limitations.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 15 days following first knowledge of the occurrence. This report must outline-
the
utlinethe actions taken or proposed to be taken to ensure that the problem does not recur.
19. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the
facilities described therein, and if warranted, will extend the permit for such period of time
and under such conditions and limitations as it may deem appropriate.
Permit issued this the 11th day of December, 1989.
CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
R. Paul Wilms,c o
Division of Enviro tal Management
By Authority of the Environmental Management Commission
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