WQ0003442_Final Permit_20081017

WAIF
F
O� 9QGMichael
F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
fl ,�
Coleen H. Sullins., Director
Division of Water Quality
October 17, 2008
Keith N. Maddox
Wesser Ruby Mine, LLC
P.O. Box 159
Almond, NC 28702
Subject: Permit No. WQ0003442
Wesser Ruby Mine
Wastewater Recycle System
Swain County
Dear Mr. Maddox:
In accordance with your request for permit renewal received September 26, 2008, we are forwarding
herewith Permit No. WQ0003442, dated October 17, 2008, to the Wesser Ruby Mine, LLC for the continued
operation of the subject wastewater recycle system.
This permit shall be effective from the date of issuance until September 30, 2013, shall void Permit No.
WQ0003442 issued April 4, 1997, and shall be subject to the conditions and limitations 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 Iimitations 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 form of a written petition, conforming to Chapter 150B of North Carolina General Statutes,
and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
Unless such demands are made this permit shall be final and binding.
Please note that on September 1, 2006 State Administrative Code 15A NCAC Subchapter 02T— Waste
not Discharged to Surface Water was adopted. This permit incorporates the requirement of these rules.
Remember to take the time to review this permit thoroughly, as some of the conditions contained therein may
have been added, changed, or deleted from those in previously issued permits.
If you need additional information concerning this matter, please contact David Goodrich at (919) 715-
6162.
Sincerely,
for Coleen H. Sullins
cc: Swain County Health Department
Asheville Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
APS Central Files
LAU Files
NooehCaralina
Nafurallif
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone : [phone]
Internet: www.ncwaterguality.org Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-05$8
Fax 2: [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/ 10% Post Consumer Paper Customer Service: [phone]

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT 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
Wesser Ruby Mine, LLC
Swain Country
FOR THE
continued operation of a 115,200 GPD wastewater recycle system consisting of two 50 foot long tourist gem mine
sluices (each with a separate 3 H.P. pump and 1.5 inch water lines from an existing make-up water pond to the top
of the sluice), dual 20 foot by 20 foot sedimentation ponds in series with protective 2 foot berms (collecting the
water from the foot of both sluices), a separate 3 H.P. pump and water line (at the second sedimentation pond) for
returning water back to the top of each sluice, and all associated piping, valves, controls, fencing, and
appurtenances to serve the Wesser Ruby Mine with no discharge of wastes to the surface waters, pursuant to the
application received September 26, 2008, and in conformity with the project plan, specifications, and other
supporting data subsequently tiled and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
This permit shall be effective from the date of issuance until September 30, 2013, shall void Permit No.
WQ0003442 issued April 4, 1997, and shall be subject to the following specified conditions and limitations:
1 _ This permit shall become voidable unless the facilities are constructed in accordance with the conditions of
this permit, the approved plans and 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 Water
Quality (Division) 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.
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.

6. 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 Division.
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. There shall be no public access to the wastewater treatment equipment and the wastewater storage
structures of the closed-loop recycle facility.
9. An Operation and Maintenance Pian of the wastewater recycle system shall be maintained for the facility
and shall contain the following"
a) Description of the operation of the recycle system: in sufficient detail to show what operations are
necessary for the facility to function and by whom the functions are to be conducted;
b) Description of anticipated maintenance of the system;
c) Provisions for safety measures, including restriction of access to the site and equipment, as
appropriate;
d) Spill Control provisions including:
i. Response to upsets and bypasses including control, containment, and remediation;
ii. Contact information for plant personnel, emergency responders, and regulatory agencies.
10. If not already installed, a waste -level gauge, to monitor waste levels in the storage pond, shall be installed
within 60 days of issuance of this permit. This gauge shall have readily visible permanent markings
indicating the maximum liquid level at the top of the temporary liquid storage volume, minimum liquid
level at the bottom of the temporary liquid storage volume, and top of the dam elevations. Caution must be
taken not to damage the integrity of the liner when installing the gauge.
11. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum pumping elevation), berms, pipe runs, erosion control areas, and
surface water diversions: Trees, shrubs, and other woody vegetation shall not be allowed to grow on the
earthen basin dikes or embanla rents. Earthen basin embankment areas shall be kept mowed or otherwise
controlled and accessible.
12. 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.
13. Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited.
14. freeboard in the settling ponds shall not be less than two feet at any time.
15. Any monitoring deemed necessary by the Division to insure surface and ground water protection will be
established and an acceptable sampling reporting schedule shall be followed.
16. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
17. 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 or other permitting authority, upon request.

18. Any duly authorized officer, employee, or representative of the Division 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.
19. 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 2T .010 (e).
20. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143-
215.6C.
21. The issuance of this permit does not exempt 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, including but not Iimited to applicable river buffer rules in 15A NCAC 213.0200,
erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General
Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 2H
.0500.20.
22. A set of approved plans and specifications for the subject project must be retained by the Permittee for the
life of this project.
23. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828) 296-
4500, 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.
Occurrences outside normal business hours may also be reported to the Division's Emergency Management
personnel at telephone number [phone], or [phone]. 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.

20. 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 renew the permit for such period of time and under such conditions and limitations as
it may deem appropriate.
21. Adequate facilities shall be provided to prevent surface runoff from the mine facilities and any storm water
runoff from carrying any disposed of or stored material into the nearby stream.
Permit issued this the 17th day of October, 2008
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0003442
4

oo
Z7 vj
v
do "t
L.; r
0
c�
W655
ut 2006
7X I- 6eg Y 0 1
CL/)
FIGURE I
WESSER RUBY MINE
'77
RECYCLE SYSTEM
SWAIN COUNTY
-j
W40.0003441
SITE LOCATION MAP

/ifa d,`�c�iAN off" b1�,Es��A�f 7XI,
;vu"p, Al;lve -
5 7
�I � •�'r
f
max r ��
z �oNd�
51u,rc
�n Keq
a,
5� POA/
004
APPROVED
Norlir Carolina Envi"Irmntal
.4�.anage,-�hnt Crrnrissian �
t�i�i nrI
Of Yi'ater Quality
1)al0 `f }� 9 T' -i R 1 PT
.rrt;ilFIGURE Z
L(,2C q `f z - WESSER RUBY MINE
RECYCLE SYSTEM
SWAIN COUNTY
R ys. ori c -�j r Z y --� U s t q w 00034al
SITE DETAIL MAP