WQ0001549_Final Permit_19891006

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
R. Paul Wilms
Director
October 6, 1989
Mr. Fred Proctor
Imperial Mining Corporation
245 Peachtree Street
Marion, NC 28752
Subject: Permit No. WQ0001549
Imperial Mining Corporation
Sludge Disposal Lagoons
McDowell County
Dear Mr. Proctor:
In accordance with your application received April 10, 1989, we are forwarding herewith
Permit No. WQ0001549, dated October 6, 1989, to Imperial Mining Corporation for the
construction and operation of two sludge disposal evaporative lagoons.
This permit shall be effective from the date of issuance until September 30, 1994, 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 banding.
One set of approved plans and specifications is being forwarded to you. If you need
additional information concerning this matter, please contact Mr, Jack Floyd at 919/ 733-5083.
Sincerely,/
R. Paul Wilms
cc: McDowell County Health Department
Asheville Regional Office V
Groundwater Section
McGilI Associates
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
SLUDGE DISPOSAL 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
Imperial Mining Company
McDowell County
FOR THE
construction and operation of two sludge disposal lagoons with a total volume of approximately
19.7 million gallons which will receive sludge and slime generated by the processing of mined ore
from the Vein Mountain Processing Plant with no discharge of sludge or wastewater to the surface
waters, pursuant to the application received April 10, 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 September 30, 1994, 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, 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.
5. Upon completion of construction and prior to operation of this permitted facility, a
certification must be received from a professional engineer certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box
27687, Raleigh, NC 27611.

6. 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 as
may be required by this Division, such as the construction of additional or replacement
wastewater treatment or disposal facilities.
7. Two weeks prior to system start-up, the Permittee shall notify the Asheville Regional
Office, phone no. 7-4/251-6208 that operation is about to commence. Such notification to
the regional supervisor shall be made during the normal office hours from 8:00 a.m. until
5:00 p.m. on Monday through Friday, excluding State Holidays.
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.
9. 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.
10. Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited.
11. Freeboard in the lagoons shall not be less than two feet at any time.
12. 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.
13. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to
insure proper operation of the subject facilities.
14. The Permittee or his designee shall inspect the sludge disposal lagoons 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.
15. 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.
16. 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 revolve this permit as specified by 15 NCAC 2H .0205
(c)(4).
17. 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.
18. 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.
2

19. A set of approved plans and specifications for the subject project must be retained by the
Permittee for the life of this project.
20. 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 storage of
significant amounts of sludge which are abnormal in quantity or characteristic.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate operation such as mechanical or electrical failures of pumps,
aerators, compressors, etc.
C. 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 actions taken or proposed to be taken to ensure that the problem does not reoccur.
21. 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.
22. Prior to beginning waste disposal operations, four monitor wells, one upgradient and one
downgradient of each of the two sludge disposal lagoons, must be installed to monitor
groundwater quality. The location and construction details for these wells must be
approved by the Asheville Regional Office, from which a well construction permit must be
obtained.
23. The monitor wells must be sampled initially after construction (and prior to waste disposal
operations) and thereafter every March, July, and November for the following parameters:
pH (6.5-8 standard units) Copper (1.0)
Cadmium (0.005) Lead (0.05)
Chromium (0.05) Zinc (5.0)
Nickel (0.15) Water Level
The measurement of water level must be made prior to sampling for the remaining
parameters.
** The numbers in parentheses represent the maximum allowable concentrations in
groundwater for the various analytical parameters, as specified in 15 NCAC 2L
[Groundwater Classifications and Standards]. Unless otherwise noted, the
concentrations are given in parts per million.
The results of the sampling and analysis shall be sent to the N.C. Division of
Environmental Management on Form GW -59 (Compliance Monitoring Report
Form) by the last day of the month following the months in which sampling is
required.
3

The Compliance Boundary_ for the disposal system is specified by regulations in 15 NCAC
2L, Classifications and Water Quality Standards applicable to the groundwater of North
Carolina. An exceedance of Groundwater Quality Standards beyond the Compliance
Boundary is subject to penalty provisions applicable under General Statute 143-215.6(1)a.
The sale of property, by the Permittee, which is within or contiguous to the disposal
system site may alter location of the Compliance Boundary.
For facilities permitted on or after December 30, 1983, the compliance boundary is
established at the lesser of 250 feet from the lagoons, or 50 feet within the property
boundary.
If the title to any property which may affect the boundary of the Compliance Boundary is
changed, the Permittee shall notify the Division Director within 14 days. The Director shall
then establish a modified Compliance Boundary which will be done as a modification to
the Permit.
The REVIEW BOUNDARY for the disposal system is specified by regulations in 15
NCAC 2L, Groundwater Classifications and Standards. A REVIEW BOUNDARY is
established around disposal systems midway between the Compliance Boundary and the
perimeter of the waste disposal area. When the concentration of any substance equals or
exceeds the maximum allowable concentration of that substance at the REVIEW
BOUNDARY, as determined by monitoring, the Permittee shall either (i) demonstrate,
through predictive calculations or modeling, that natural site conditions, facility design and
operational controls will prevent a violation of standards at the Compliance Boundary; or,
(ii) submit a plan for the alteration of existing site conditions, facility design or operational
controls that will prevent a violation of standards at the Compliance Boundary, and
implement that plan upon its approval by the Director.
24. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall
be provided.
Permit issued this the 6th day of October, 1989
NORTH ROLINA ENVIRONMETAL MANAGEMENT COMMISSION
R. Paul Wilms, Director"-'-
Division
irector ._Division of Environmental Managemen
By Authority of the Environmental Management Commission
C!

Permit No. WQ000 1549
October b, 1989
Engineer's Certification
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project, , for the
Project Name Location
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Signature
Date
6�
Registration No

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