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HomeMy WebLinkAboutWQ0006560_Final Permit_20150619A4 "^=A 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 cnuaon 19 15 MI. 83°22'_ :79 xaQ 25. x$l 1WESTS MILL O-9 M'.Iaa2 0 FEET 183 3 �-•\ �� H 590 1954 _.. _ p u I MIIee09 p5 / 'u ¢O i n 11966 ' �� I w 1• n U j 6. 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