WQ0006560_Final Permit_20061229

W A iT-
Brown L. Johnson
5315 Bryson City Road
Franklin, NC 28734
Dear Mr. Johnson:
Michael
F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
December 29, 2006
Subject: Permit No. WQ0006560
Brown L. Johnson — Mason Mountain Mine
Wastewater Recycle System
Macon County
In accordance with your permit renewal request received October 19, 2006, we are forwarding herewith
Permit No. WQ0006560, dated December 29, 2006, to Brown L. Johnson for the continued operation of the
subject wastewater recycle system.
This permit shall be effective from the date of issuance until November 30, 2011, shall void Permit No.
WQ0006560 issued April 5, 2006, 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.
This permit approves the continued operation of the subject wastewater treatment and spray irrigation
facilities for another five-year cycle. However, please take the time to review this permit thoroughly as some of
the conditions contained therein may have been added or changed since the last issuance of this permit. Of
special interest are the following conditions added in response to the Notice of Violation issued July 21, 2006:
• Condition 10 — Note that the permittee shall install a waste level staff gauge within 60 days of the
issuance of this permit in settling pond 92
• Condition 12 — Note that permittee shall record weekly freeboard measurements in settling pond
#2.
• Condition 13 — Note that recorded freeboard measurements shall be submitted on or before the
Iast day of the following month to the Division of Water Quality.
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 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.
North Carolina Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: www.ncwaterquality.org 2728 Capital Boulevard Raleigh, NC 27604
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
N oAhCarolina
Naturallb(
Phone [phone] Customer Service
FAX [phone]

If you need additional information concerning this matter, please contact Matthew Fleahman at (919)
715-6173.
Sincerely/ a�
flan
Lek, P.E.
cc: Macon County Health Department
Asheville Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
APS Central Files
LAU Files
2

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
Brown L. Johnson
Macon County
FOR THE
continued operation of a 32,400 GPD wastewater recycle system consisting of two settling ponds in series, each
approximately 30,000 gallons in capacity, a 100 gpm recycle pumping system with a 3 inch force main and a
flume to serve Mason Mountain Gem Mine with no discharge of wastes to the surface waters, pursuant to the
application received October 19, 2006, and in conformity with the project plan, specifications, and other
supporting data subsequently filed 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 November 30, 2011, shall void Permit No.
WQ0006560 issued April 5, 2002, 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 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 fornial 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.
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. If not already installed, a waste -level gauge, to monitor waste levels in the storage pond #2, 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 daze elevations. Caution
must be taken not to damage the integrity of the liner when installing the gauge.
11. Freeboard in the settling ponds shall not be less than two feet at any time.
12. Freeboard in the settling pond #2 shall be recorded weekly.
13. Three (3) copies of all monitoring data as specified in Condition (12) on Form NDMR-1 shall be submitted
on or before the last day of the following month. All information shall be submitted to the following
address:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
14. 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 mowed or otherwise
controlled and accessible.
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 02T .0105(c).
PJ

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 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.
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 Asbeville 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.
21. 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 8G .0204 or as specified in this permit and shall comply with all
other conditions specified in these rules.

22. 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 thiethe29 h dayof December, 2006
NORTH C
E TAL MANAGEMENT COMMISSION
,/Alan W. KIimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0006560