WQ0000331_Final Permit_20090731

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 31, 2009
Alan R. Schabilion, Owner
Blue Ridge Gem Stone Mine
Post Office Box 327
Little Switzerland, North Carolina 28749
Dear Mr. Schabilion:
Dee Freeman
Secretary
Subject: Permit No. WQ0000331
Blue Ridge Gem Stone Mine
Wastewater Recycling System
Mitchell County
In accordance with your permit owner change request received May 8, 2009, we are forwarding
herewith Permit No. WQ0000331, dated July 31200 9, to Blue Ridge Gem Stone Mine for the continued
operation of the subject wastewater treatment and wastewater recycling facilities.
Please note the owner of the Blue Ridge Gem Stone Mine has been changed from Richard A.
Johnson (deceased) to Alan R. Schabilion. Furthermore, please be aware that our billing records show
that there are overdue fees of $360.00 for this permit. Failure to pay an annual fee after being billed shall
be cause for the Division to revoke the permit.
This permit shall be effective from the date of issuance until September 30, 2013 shall void
Permit No. WQ0000331 issued October 10, 2008 and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring requirements of this permit for they
may differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail
Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
AQUIFER PROTECTION SECTION
1636 Mail Service Cente . Raleigh. North Carolina 27695.1636
Location: 21728 Capital Boulevard, Raleigh. North Carolina 27604
Phone: [phone] FAY 1: 919-7115-0588-; FAX 2: 919-715-60431 Customer Service: 1-877-623-6748
inteme:: www.ncwaterguality.ora
One
N rthCam'flna

Mr. Schabilion
July 31, 2009
Faget of 2
If you need additional information concerning this matter, please contact Alice M. Wessner at
[phone] or [e-mail].
Sincerely,
.✓Cale �Hsullins
cc: Mitchell County Health Department
Asheville Regional Office, Aquifer Protection Section
APS Central Piles
LAU

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER 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
BLUE RIDGE GEM MINE
MITCHELL County
FOR THE
continued operation of a 50,000 gallon per day (GPD) wastewater recycle system consisting; of two solids
settling basins in series (40 ft by 10 ft by 6 ft and 60 ft by 20 ft by 6 ft), a 96 gallons per minute (GPM)
and a 50 GPM recirculation pump, a 100 ft. flume line, an 80 GPM pump which is used to pump make up
water from the abandoned mine, a 90 ft by 105 ft. main pond and all appurtenances to serve the Blue
Ridge Gem Mine with no discharge of wastes to surface waters, pursuant to the application received May
May 8, 2009, and in conformity with the project plans, specifications, and other supporting data
subsequently pled 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.
WQ0000331 issued October 10, 2009 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 facilties shall be properly maintained and operated at all times.
4. The following buffers shall be maintained:
a) 100 feet between the treatment/storage units and any wells,
b) 50 feet between treatment/storage units and surface waters, and
c) 50 feet between treatment/storage units and property lines.
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Some of the buffers specified above may not have been included in previous permits for this waste
treatment and disposal system. These buffers are not intended to prohibit or prevent modifications, which
are required by the Division, to improve performance of the existing treatment facility. These buffers do,
however, apply to modification of the treatment and disposal facilities that are for the purpose of
increasing the flow that is tributary to the facility. These buffers do apply to any expansion or
modification of the irrigation areas and apply instances in which the sale of the property would cause any
of the buffers now complied with, for the treatment and disposal facilities, to be violated. The applicant is
advised that any modifications to the existing facilities will require a permit modification.
5. There shall be no public access to the wastewater treatment equipment, wastewater storage structures
or to the wastewater within the wastewater recycle facility.
b. An Operation and Maintenance Plan 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.
7, This permit is not transferrable. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited.
13. Preeboard in the settling ponds shall not be less than two feet any time.
14. No wastewater from the mining operation shall be discharged into the abandoned mine shaft at any
time.
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15. 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 embankments. Earthen basin embankment areas shall be kept moved or
otherwise controlled and accessible.
16. 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.
17. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
18. 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.
19. 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.
20. 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).
21. 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.
22. 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 limited to applicable river buffer rules in 15A
NCAC 2B.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.
23. A set of approved plans and specifications for the subject project must be retained by the Permittee
for the life of this project.
24. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville 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 for 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;
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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.
25. Upon classification of the wastewater treatment and spray irrigation facilities by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate -and
employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to
be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit
the facilities in accordance with 15A NCAC SG .0204 or as specified in this permit and shall comply
with all other conditions specified in these rules.
26. 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 31" day of July, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
gr oleen . Sullins, Director
Divisi n of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ000033I
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