WQ0003441_Final Permit_19970814

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Brenda Dills, Owner
Nantahala River Gem Mine
12121 Highway 19 West
Bryson City, North Carolina 28713
Keith Maddox, President
Nantahala Gorge Ruby Mine, Inc.
Post Office Box 159
Almond, North Carolina 28702
Dear Ms. Dills and Mr. Maddox:
A1 LIM. ;1FA
7
lee
C)EHNR
August 14, 1997
Subject: Permit No. WQ0003441
Administrative Amendment
Gem Mine Wastewater Recycle System
Swain County
In accordance with the recommendations received August 1, 1997 from North Carolina Attorney
General's Office, we are forwarding herewith Permit No. WQ0003441 as amended, dated August 14,
1997, to Nantahala River Gem Mine and Nantahala Gorge Ruby Mine, Inc. for the operation of the subject
wastewater recycle system.
This permit is being administratively amended to allow Nantahala River Gem Mine and Nantahala
Gorge Ruby Mine to operate the wastewater recycle system until litigation concerning ownership of the
facility has been resolved. This permit does not transfer any interest in the facility itself or the real
property. This permit only authorizes the operation of the wastewater treatment facility.
This permit shall be effective sixty days from the date of issuance until December 31, 1999, shall
void Permit No. WQ0003441 issued February 6, 1997, and shall be subject to the conditions and
Iimitations as specified therein. Please pay particular attention to the monitoring requirements in this
permit. Failure to establish an adequate system for collecting and maintaining the required operational
information will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the farm of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact W -I. -Michael D, Allem at
[phone] extension 547.
Sincerely,
A. Prest Howard, Jr., P.E.
cc: Swain County Health Department
Sueanna P. Sumpter, Assistant Attorney General
Asheville Regional Office, Water Quality Section
Training and Certification Unit (no revised rating)
Facilities Assessment Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

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
Nantahala River Gem Mine
and
Nantahala Gorge Ruby Mine, Inc.
Swain County
FOR THE
Operation of a 47,000 GPD wastewater recycle system consisting of a 60 foot sluice for washing soil, five
small settling basins in series for capturing sediment and infiltration of water, and all associated piping,
controls, pumps, and appurtenances to serve a tourist gem mine, with no discharge of wastes to the
surface waters, pursuant to the recommendations received August 1, 1997 from North Carolina Attorney
General's Office, 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 sixty days from the date of issuance until December 31, 1999, shall
void Permit No. WQ0003441 issued February 6, 1997, and shall be subject to the following specified
conditions and limitations:
1. This permit is effective only with respect to the nature and volume of wastes described in
the application and other supporting data.
2. The facilities shall be properly maintained and operated at all times.
3. 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 Water Quality 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.
4. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those
actions that may be required by this Division, such as the construction of additional or
replacement treatment or disposal facilities.

5 . The residuals generated from these treatment facilities must be disposed in accordance with
General Statute 143-215.1 and in a manner approved by the North Carolina Division of
Water Quality.
6. 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.
7. 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.
8. Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited.
9. Freeboard in the settling basins shall not be less than two feet at any time.
10. Any monitoring deemed necessary by the Division of Water Quality to insure surface and
ground water protection will be established and an acceptable sampling reporting schedule
shall be followed.
11. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to
insure proper operation of the subject facilities.
12. 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 maintain 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 to the Division of
Water Quality or other permitting authority, upon request.
13. Any duly authorized officer, employee, or representative of the Division of Water Quality
may, upon presentation of credentials, enter and inspect any property, premises or place on
or related to the recycle system at any reasonable time for the purpose of determining
compliance with this permit, may inspect or copy any records that must be maintained
under the terms and conditions of this permit, and may obtain samples of groundwater,
surface water, or leachate.
14. 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 15A NCAC 2H .0205
(c)(4).
15. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality in accordance with
North Carolina General Statute 143-215.6(a) to 143-215.6(c).
15. 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.
17. A set of approved plans and specifications for the subject project must be retained by the
Permittee for the life of this project.
2

18. Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh Regional Office, telephone number
[phone], 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 renders 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; or
d. Any time that self-monitoring information indicates that the facility is not in compliance
with its permit limitations.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within five (5) days following first knowledge of the occurrence. This report must
outline the 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 fourteenth day of August, 1997
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
if l
A. Preston Howard, Jr., P.E., Di ector
Division of Water Quality
By Authority, of the Environmental Management Commission
Permit Number WQ0003441