WQ0036755_Final Permit_20140206

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
February 6, 2014
MR. EARNEST KLATT — OWNER
MASON'S RUBY AND SAPPHIRE MINE
6961 UPPER BURNINGTOWN ROAD
FRANKLIN, NORTH[ CAROLINA 28734
Dear W. Klatt:
Subject: Permit No. WQ0036755
Mason's Ruby and Sapphire
Mine
Closed -Loop Recycle System
Macon County
In accordance with your permit application request received September 9, 2013, and subsequent
additional information received January 3 and January 3I, 2014, we are forwarding herewith Permit No.
WQ0036755 dated February 6, 2014, to Mason's Ruby and Sapphire Mine for the continued operation of
the subject wastewater treatment and closed-loop recycle facilities.
This permit shall be effective from the date of issuance until January 31, 2019, and shall be
subject to the conditions and limitations as specified therein. Please pay particular attention to the
monitoring requirements listed in Section IV of this permit. Failure to establish an adequate system for
collecting and maintaining the required operational information shall result in future compliance
problems.
Note that the setback requirement to surface waters of 50 feet has been waived for the existing
upper sediment pond (actual distarrrse to Burningtown Creek is approximately 41 feet) based priiwarily on
the historical operation of the recydle system dating back to 1942; the lack of an irnpoundment fdilure risk
due to elevation of the ponds to the creels, respectively; and statement that no chemicals are used in the
recycle process. Groundwater or surface water monitoring is not required at this time but may be required
in the future if compliance issues arise with the operation.
Additionally, note the requirements of Condition II1.8. to establish and maintain a protective
vegetative cover on all earthen embankments, berms, pipe runs, erosion control areas, and surface water
diversions surrounding the sediment ponds. Currently these areas appear to be unvegetated.
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 forth 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.
WATER QUALITY PERMITTING SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1536
Location; 512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hftp:ilportal,ncdenr.org/webAuci
An Equal Opportunity L Affirmative Actian Employer

Mr. Earnest Klatt
February 6, 2014
Page 2 of 2
If you need additional information concerning this permit, please contact Cory Larsen at (919)
807-6362 or corn larsen0ncdenr_go .
Sincerely,
jz�- Thomas A. Reeder
cc: Macon County Health Department
Asheville Regional Office, Water Quality Regional Operations Section
Tim Ormond, PE — HydroCycle Engineering, PC
Beth Buffington, Public Water Supply Section — Protection and Enforcement Branch
Permit File WQ0036755
Notebook File WQ0036755
N

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
Mason's Ruby and Sapphire Mine
Macon County
FOR THE
continued operation of a 81,000 gallon per day (GPD) wastewater treatment and closed-loop recycle
facility consisting of:
two unlined earthen basins referred to as the upper sediment pond (primary) and lower sediment pond
(secondary) with total maximum volume of approximately 195,000 gallons, connected via 15 -inch
corrugated plastic pipe culvert, augmented with makeup groundwater as necessary; and associated
transfer pumps, lines, flurries, and appurtenances;
to serve Mason's Ruby and Sapphire Mine's gem mining operation, with no discharge of wastes to
surface waters, pursuant to the application received September 9, 2013, and subsequent additional
information received by the Division of Water Resources, 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.
q i
This permit shall be effective from the date of issuance until January 31, 2019 and shall be subject to the f
following specified conditions and limitations:
L SCHEDULES
1. A gauge to monitor waste levels in the upper and lower sediment ponds shall be installed within 60
days of the effective date of this permit. Caution shall be taken not to damage the integrity of the
liner (if present) when installing the gauge.
2. No later than six months prior to the expiration of this pen -nit, 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' reap to be submitted with the permit renewal
application.
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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.
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.
3. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for storage and treatment units permitted under 15A NCAC 02T .1000 shall be as
follows (all distances in feet):
i. Any habitable residence or place of public assembly under separate ownership: 100
ii. Any private or public water supply source. 100
iii. Surface waters: 50*
iv. Any well with the exception of a Division approved groundwater monitoring well: 100
v. Any property line: 50
* Setback requirement for the existing upper sediment pond was been exempted (See cover letter).
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 pursuant to 15A NCAC 02T .1007, which at a minimum shall include operational
functions, maintenance schedules, safety measures and a spill response plan.
1 2. Upon the Water Pollution Control System Operaltors 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.
3_ .Public access to the wastewater treatment facilities and closed-loop recycle system shall be
prohibited.
4. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T .I 100. The Permittee shall maintain a residual management plan
pursuant to 15A NCAC 02T .1008.
5. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited.
6. Freeboard in the upper and lower sediment ponds shall not be less than one foot at any time.
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7. A gauge to monitor waste levels in the upper and lower sediment ponds 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; and
the lowest point on top of the dam.
8. A protective vegetative cover shall be established and maintained on all earthen embankments, 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.
IV. MONITORING AND REPORTING REQUIREMENTS
I. 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.
2. Per 15A NCAC 02H .0800, a Division certified laboratory shall conduct all laboratory analyses for
the required effluent, groundwater or surface water parameters.
3. Freeboard (i.e., waste level to the lowest embankment elevation) in the upper and lower sediment
ponds 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.
4. A record shall be maintained of all residuals removed from the recycle system. This record 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 record shall include:
a. Date the residuals were removed;
b. Volume of residuals removed; and
c. Method of disposal (including sediment placement onsite).
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
foklowing the occurrence or first knowledge of the occurrence of any of the following:
a.1 Any occurrence at the facility resulting in the treatment of significant amounts of wastes that is
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 [phone], [phone], or [phone].
Persons reporting such occurrences by telephone shall also file a written report in Ietter 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.
iv
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1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and recycle facilities.
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.
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.
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.
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.
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)-
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 ISA NCAC Chapter 4
and und& the Division's General Permit NCG010000; any requirernerits pertaining to wetlands under
15A NdAC 02B .0200 and 02H.0500; and documentation of compliance with Article 21 Part 6 of
Chapter 143 of the General Statutes.
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.
6. The Permittee shall retain a set of Division approved plans and specifications for the Iife of the
facilities permitted herein.
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 pursuant to 15A NCAC
02T.01050).
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.01 10.
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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).
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 be cause for the Division to revoke this permit pursuant to 15A
NCAC 02T .0105(e)(3).
Permit issued this the 6'b day of February 2014.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
r
9— YgomaeA. Reeder, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0036755
m
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