HomeMy WebLinkAboutWQ0006560_Final Permit_20150619A4
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 19, 2015
THOMAS L. JOHNSON
5315 BRYSON CITY ROAD
FRANKLIN, NORTH CAROLINA 28734
Dear Mr. Johnson:
Donald R. van der Vaart
Secretary
Subject: Permit No. WQ0006560
Mason Mountain Mine
Closed -Loop Recycle System
Mason County
In accordance with your permit change of ownership and renewal request received May 4, 2014,
we are forwarding herewith Permit No. WQ0006560 dated June 19, 2015 to Thomas L. Johnson for the
continued operation of the subject wastewater treatment and closed-loop recycle facilities.
Please note the Permittee has been changed from Brown L. Johnson to Thomas L. Johnson.
This permit shall be effective from the date of issuance until May 31, 2020, shall void Permit No.
WQ0006560 issued December 29, 2006, and shall be subject to the conditions and limitations as specified
therein. Failure to establish an adequate system for collecting and maintaining the required operational
information shall result in future compliance problems.
Please note the following permit conditions are new since the last permit issuance dated
December 29, 2006:
➢ Condition I11.3.
— Public access to the recycle system shall be prohibited.
➢ Condition IV.2.
— Any laboratory used for monitoring analyses must be Division -certified.
➢ Condition IVA.
— This condition requires that the Permittee keep a record of all maintenance
performed at the
facility.
➢ Condition VI.7.
— Permit coverage shall be maintained until the facility is properly closed.
➢ Condition VI.B.
— The permit may be revoked or modified under certain, circumstances.
➢ Condition VI.9.
— The facilities may not be expanded if certain conditions prevail.
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.
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 918-807-64641 Internet. http:llportal.ncdenr.orglweblwa
An Equal Opportunity 1 Affirmative Action Employer - Made in part with recycled paper
Mr. Thomas L. Johnson
June 19, 2015
Page 2 of 2
If you need additional information concerning this permit, please contact David Goodrich at (919)
807-6352 or david. oodrich ncdenr. ov.
Sincerely,
S. Jay Zimmerman, P.G., Director
Division of Water Resources
cc: Macon County Health Department (Electronic Copy)
Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Central Files
Digital Permit Archive (Electronic Copy)
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
CLOSED-LOOP 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
Thomas L. Johnson
Macon County
IIh7;�a�
continued operation of a 32,400 gallon per day (GPD) wastewater treatment and closed-loop recycle
facility consisting of-
two
£two 30,000 gallon settling ponds in series; a 100 gallon per minute (GPM) recycle pumping system with a
3 -inch force main; a flume; and all associated piping, valves, controls and appurtenances
to serve the Mason Mountain Mine, with no discharge of wastes to surface waters, pursuant to the
application received May 4, 2015, and in conformity with the project plans, 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 May 31, 2020, shall void Permit No.
WQ0006560 issued December 29, 2006 and shall be subject to the following specified conditions and
limitations:
I. SCHEDULES
1. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division 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. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application. [15A NCAC 02T .0105(d), 02T .0106, 02T .0109, 02T .0115(c)]
WQ0006560 Version 4.0 Shell Version 150213 Page 1 of 5
II. PERFORMANCE STANDARDS
The subject non -discharge facilities shall be effectively maintained and operated at all times so there
is no discharge to the surface waters, nor any contravention of groundwater or surface water
standards. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions due to improper operation and maintenance, the Permittee shall take immediate
corrective actions including Division required actions, such as the construction of additional or
replacement wastewater treatment or recycle facilities. [15A NCAC 02T .0108(b)(1)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or
surface water resulting from the operation of this facility. [15A NCAC 02B .0200, 02L .0100]
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times. 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. The Permittee shall maintain an Operation and
Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules,
safety measures and a spill response plan. [ 15A NCAC 02T .1007]
2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or
more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously cited rules. [ 15A NCAC 02T .0117]
Public access to the wastewater treatment facilities and closed-loop recycle system shall be
prohibited. [ 15A NCAC 02T .1000(a)(1)]
4. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan
pursuant to 15A NCAC 02T.1008. [15A NCAC 02T .1008, 02T .1100]
5. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited. [15A NCAC 02T .0108(b)(1)]
6. Freeboard in settling pond 42 shall not be less than two feet at any time. [15A NCAC 02T
.1005(b)(6)]
7. A gauge to monitor waste levels in storage pond #2 shall be provided. This gauge shall have readily
visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations:
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 the lowest point on top of the dam. [15A NCAC
02T .0108(b)(1)]
A protective vegetative cover shall be established and maintained on all earthen embankments (i.e.,
outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), 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 dikes or embankments.
Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC
02T .0108(b)(1)]
WQ0006560 Version 4.0 Shell Version 150213 Page 2 of 5
IV. MONITORING AND REPORTING REQUIREMENTS
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water
analyses) necessary to ensure groundwater and surface water protection shall be established, and an
acceptable sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)]
2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent,
groundwater or surface water parameters. [15A NCAC 02H .0800]
3. Freeboard (i.e., waste level to the lowest embankment elevation) in settling pond # 2 shall be
measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall
be maintained at the facility for a period of no less than five years, and shall be made available to the
Division upon request. [15A NCAC 02T .0108(c)]
4. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for
a period of no less than five years, and shall be made available to the Division upon request. At a
minimum, this log shall include:
a. Visual observations of the plant and plant site; and
b. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing,
inspections and cleanings, etc.).
[15A NCAC 02T .0108(b)(1)]
5. 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. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons,
rendering the facility incapable of adequate wastewater treatment.
c. Any facility failure resulting in a by-pass directly to receiving surface waters.
d. Any time self-monitoring indicates the facility has gone out of compliance with its permit
limitations.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300.
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five days following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to be taken to ensure the problem does not recur. [ 15A NCAC 02T .0105(1), 02T
.0108(b)(1)]
WQ0006560 Version 4.0 Shell Version 150213 Page 3 of 5
V. INSPECTIONS
The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and recycle facilities. [15A NCAC 02T .0108(b)]
2. The Permittee or their designee shall inspect the wastewater treatment and recycle facilities to prevent
malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the
release of wastes to the environment, a threat to human health or a public nuisance. The Permittee
shall maintain an inspection log that includes, at a minimum, the date and time of inspection,
observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall
maintain this inspection log for a period of five years from the date of the inspection, and this log
shall be made available to the Division upon request. [15A NCAC 02T .0108(b)]
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the wastewater treatment and recycle facilities
permitted herein at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records required to be maintained under the terms and conditions of this
permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)]
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to
an enforcement action by the Division in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C]
2. This permit shall become voidable if the permitted facilities are not constructed in accordance with
the conditions of this permit, the Division approved plans and specifications, and other supporting
documentation. [15A NCAC 02T .0110]
3. This permit is effective only with respect to the nature and volume of wastes described in the permit
application. Division approved plans and specifications, and other supporting documentation. No
variances to applicable rules governing the construction or operation of the permitted facilities are
granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T
.0105(n). [G.S. 143-21.5.11
4. 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 jurisdictional government agencies
(e.g., local, state, and federal), Of particular concern to the Division are applicable river buffer rules
in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4
and under General Permit NCG010000; any requirements pertaining to wetlands under 15A NCAC
02B .0200 and 02H.0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of
the General Statutes. [15ANCAC 02T .0105(c)(6)]
5. In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC
02T .0104]
6. The Permittee shall retain a set of Division approved plans and specifications for the life of the
facilities permitted herein. [15A NCAC 02T .0108(b)(1)]
7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T
.01050)]
WQ0006560 Version 4.0 Shell Version 150213 Page 4 of 5
8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [ 15A NCAC 02T
.0110]
9. Unless the Division Director grants a variance, expansion of the permitted facilities contained. herein
shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [ 15A
NCAC 02T.0120]
10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to
pay the annual fee accordingly shall because for the Division to revoke this permit. [15A NCAC 02T
.0105(e)(3 )]
Permit issued this the 19'b day of June 2015
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
VS. Jay Zimmerman, P.G., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0006560
WQ0006560 Version 4.0 Shell Version 150213 Page 5 of 5
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SITE LOCATION
MAP
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FIGURE 2
MASON MOUNTAIN MINE
CLOSED-LOOP RECYCLE SYSTEM
MACON COUNTY
W 0006560
SITE DETAIL MAP