WQ0003861_AROCompleteHistoricFile_20190206

Complete Address of Engineering Firm:
City
Telephone Number: (
Professional Engineer's Certification: .
S talc:
1, _ , attest that this application for
Zip:
has been reviewed by me and is accurate and complete to the best of my knowledge. I further attest that to the best of my knowledge
the proposed design has been prepared in accordance with lie applicable regulations. Although certain portions of this submittal
package may have been developed by other professionals, inclusion of these materials under my signature and seal "signifies that I have
reviewed this material and have judged it to be consistent with the proposed design.
North Carolina Professional Engineer's Seal, Signature, and Date:
Applicant's Certification:
A, KLAIE attest that this application for GEM CITY MINE
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned to me as incomplete.
Signature U�a,T Date �p j 7 l 9 95
,rH E COMPL FTl,"D APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND
NIATIERIALS, SHOULD BE SENT TO THF, FOLLOWING ADDRESS:
,.NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT
WA'T'ER QUALITY SECTION
PERMITS AND ENGINEERING UNIT
POST OFFICE' BOX 29535
RALEIGH, NORTI-I CAROLINA 27626-0535
TELEPHONE NUMBER: [phone]
FORM: RF 06/94 Page 5 of 6

1_77
nner approved by the orth Carolina Division of
Environmental Management.
8. 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 ponds 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 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 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 recycle system 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. i
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 revoke this permit as specified by 15 NCAC 2H .0.205
(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 riot preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
algencies (local, state, and federal) which have jurisdiction.
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. Noncompl'ianee Notification:
The Permittee shall report by telephone to the Asheville Regional Office,
telephone no. [phone], 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:
2

a. Any occurrence at the wastewater treatment facility wn-171 MN
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 render 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.
d.' Any time that self-monitoring information indicates that the facility is not in
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 recur.
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 this the 10th day of January, 1991
"H CARO INA EN)VIR9 NTAL MANAGEMENT COMMISSION
1
'George T. Everet , Direct 1
Division of Enviro gement
' By Authority of the Environmental Management Commission
Permit No. WQ0003861
3

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State of North Carolina .
Department of Environment, Health, and Natural Resources
Asheville Regional -Office
James G. Martin, Governor Ann B. Orr
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT_
WATER QUALITY SECTION
June 24, 1992
Mr. Ernest Klatt
Gem City Mine
44 East Main Street
Franklin, North Carolina 28734
Subject: Compliance Evaluation Inspection
Status: In Compliance
Gem City Mine
Wastewater Recycle Facilities
Permit Number WQ0003861
County
Dear Mr. Klatt:
On June 12, 1992, I conducted/acon
inspection of the wastewater
recycle facilities which serve The Gem City Mine. At the time of the
inspection, the facilities were operating with no discharge to the
surface waters and were considered to be in compliance with the permit.
i
If you have any questions regarding the inspection, please contact
me. at 704-251-6208.
WEA
Enclosure
Sincerely,
William E. Anderson
Environmental Technician
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone [phone]

r
March 20, 1995
ERNEST A. KLATT
GEM CITY MINE -GEM CITY MINE
44 E. MAIN ST.
FRANKLIN, NC 28734
SUBJECT: PERMIT NO. WQ0003861
GEM CITY MINE -GEM CITY MINE
MACON COUNTY
Dear Permittee:
Our files indicate that the subject permit issued on 1/10/91 expires on
12/31/95. We have not received a request for renewal from you as of this date..
A renewal request shall consist of a.letter requesting renewal and -completion of
the enclosed application, submitted in triplicate. A processing fee must be submitted
with the request. Please find attached a copy of the 15 NCAC 2H .0205(c) regulations.
The processing fee for your facility is based on the design or permitted flow,
whichever is appropriate, listed in the first four categories of -facilities. Sludge
renewals 'are based on total acres of land permitted. If the facility covered by this
permit contains some type of treatment works, a narrative descripton of the sludge
management plan that is in effect at the facility must- be submitted with the
application for renewal.
The Environmental Management Commission adopted revised rules on October 1, 1990
(attached), requiring the payment of an annual fee for most permitted facilities. You
will be.billed separately for that fee (if applicable), after your permit is approved.
Please be advised that this permit must not be allowed to expire. If the renewal
request is not received within 180 days prior to the permit's expiration date as
required by 15 NCAC 2H .0211, you will be assessed an automatic civil penalty. This
civil penalty by North Carolina General Statute may .be as much as $i0,000 per day. If
a permit renewal request is not received 180 days before permit expiration, a civil
penalty of at least $250 will be assessed. Larger penalties may be assessed depending

on how late the request is made. In addition, any permit renewal request received
after the permit's expiration date will be considered as a new application and will be
required to pay the higher permit application fee.
The letter requesting renewal, along with a completed Non -Discharge Permit -
application and appropriate standard fee, should be sent to:
Permits and Engineering Unit
Division of Environmental Management
P. 0. Box 29535
Raleigh, North Carolina 27626-0535
The check should be made payable to the North Carolina Department of Environment,
Health, and Natural Resources (DEHNR).
If you should have any questions or need any additional information regarding,this
matter, please contact me at [phone].
cc: Ashev l-le—Regional_6iiice_ -`
Permits and Engineering Unit
Central Files
S inrigan'1' Sited By
Angela Y. Giffin for
Carolyn McCaskill, Supervisor
State Engineering Review Group
r

Carolina...
f Environment,
atural Resources
ronmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., RE.,- Director
Ernest A. Klatt, Owner
Gem City Mine
44 East Main Street
Franklin, North Carolina 28734
Dear Mr. Klatt:
May 8, 1995
Permit No. WQ0003861
Gem City Mine
Wastewater Recycle System
Macon County
In accordance with your renewal request received April 10, 1995, we are forwarding herewith
Permit No. WQ0003861, dated May 8, 1995, to the Gem City Mine for the continued operation of the
subject wastewater recycle system.
This permit shall be effective from the date of issuance until April 30, 2000, shall void Permit No.
WQ0003861 issued January 10, 1991, 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.
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, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Mr. Michael D. Allen at
[phone] ext. 547.
cc: Macon County Health Department
.Asheville -Regional Office, Water Quality Section
Training and Certification Unit (no revised rating)
Facilities Assessment Unit
P.O. Box 29535, Raleigh, North Carolina -27626-0535
An Equal Opportunity Affirmative Action Employer
00C
Sincerely,
A. Presto Howard, Jr., P.E.
Telephone [phone] FAX [phone]
50% recycled/ 10% post -consumer paper

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH 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 THE
Gem City Mine
Macon County
FOR THE
continued operation of a 10,000 GPD wastewater recycle system consisting of a 216,000 gallon primary
settling pond, a 337,500 gallon secondary/polishing pond, and a 2 HP recycle pump to serve the Gem
City Mine, with no discharge of wastes to the surface waters, pursuant to the. renewal request received
April 10, 1995, 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 April 30, 2000, shall void Permit No.
WQ0003861 issued January 10, 1991, and shall be subject to the followingspecified 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 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 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. 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.

e residuals generated from these treatment facilities must be disposed in accordance with
.neral Statute 143-215.1 and in a manner approved by the North Carolina Division of
vironmental Management.
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.
8. 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. Freeboard in the ponds shall not be less than two feet at any time.
11. 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.
12. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to
insure proper operation of the subject facilities.
13. 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 of
Environmental Management or other permitting authority, upon request.
14. 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 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.
15. 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 2H .0205
(c)(4).
16. 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(a) to 143-215.6(c).
17. 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.
18. A set of approved plans and specifications for the subject project must be retained by the
Permittee for the life of this project.
2

19. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Offia
[phone], 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.
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 recur.
20. Upon- classification of the facility by the Certification Commission, the Permittee shall
employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of
the wastewater treatment facilities. The operator must hold a certificate of the type and
grade at least equivalent to or greater than the classification assigned to the wastewater
treatment facilities by the Certification Commission. The Permittee must also employ a
certified back-up operator of the appropriate type and grade to comply with the conditions
of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit each Class I facility at
least weekly and each Class II, III, and IV facility at least daily, excluding weekends and
holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202.
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.
Permit issued this the eighth day of May, 1995
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A. Presto oward, Jr., 4P., Director
Division o nvironmental Management
By Authority of the Environmental Management Commission
Permit Number WQ0003861

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
George T. Everett, Ph.D.
Director
January 10, 1991
Mr. Ernest Klatt, Manager
Gem City Mine '
44 East Main Street
Franklin, North Carolina 28734
Subject: Permit No. WQ0003861
Gem City Mine
Recycle System
Macon County
Dear Mr. Klatt:
In accordance with your application received July 16, 1990, we. are forwarding herewith
Permit No. WQ0003861, dated January 10, 1991, to Gem City Mine for the operation of a
wastewater recycle facility
This permit shall be effective from the date of issuance until December 31, 1995, 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.
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 binding.
One set of approved plans and specifications is being forwarded to you. If you need
additional information concerning this matter, p se contact Mr. Mark Hawes at 919/ 733-5083.
inc ely,
eorge T. Everet
cc: Macon County Health Department 6
Asheville Regional Office
Ernest L. Hyde, P.E.
Groundwater Section
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH 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
Gem City Mine
Macon County
FOR THE
operation of a wastewater recycle facility consisting of a 216,000 gallon primary settling pond, a
337,500 gallon secondary settling/polishing pond, and a 2 hp recycle pump, and all the associated
piping, valves, and appurtenances to serve Gem City Mine with no discharge of wastes to the
surface waters, pursuant to the application received July. 16, 1990 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 December 31, 1995, 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. 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.
6. The Asheville Regional Office, phone no. [phone], shall be notified at least
forty-eight (48) hours in advance of operation of the installed facilities so that an in-place
inspection can be made. 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.

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The sludge genera :From these treatment facilities must be Nosed of in accordance with
General Statute 143-215.1 and in a manner approved by the North Carolina Division of
Environmental Management.
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 ponds 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 wastewater recycle facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to
the release of wastes to theenvironment, 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, of 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 recycle system 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 revoke 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.
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. [phone], 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:
2

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 render 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.
d. Any time that self-monitoring information indicates that the facility is not in
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 recur.
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 this the 10th day of January, 1991
7H CARO INA E IR N NTAL MANAGEMENT COMMISSION
i
George T. Everet , Direct I J
Division of Enviro �i gement
By Authority of the Environmental Management Commission
Permit No. WQ0003861
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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
June 1.5, 1989
William W. Cobey, Jr., Secretary Director
Mr. Ernest A. Klatt
44 E. Main St.
Franklin, NC_28734
Subject: Permit No.' NCO058637
Gem City Mine
Macon County
Dear Mr. Klatt:
In accordance with your application for discharge permit- .received on February
28, 1.989, we are forwarding herewith the subject State - NPDES permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-21.5.1 and
the Memorandum of Agreement between North Carolina and the US Environmental Protection
Agency dated. December 6, 1983.
arts, measuremernt frequencies or sampl..irng requirements containedif any ,ni...
this permit are unacci�_ptable to you, you may request a waiver or modification pursuant
to Regulation 15 NCAC 2B .0508(b) by written .request to the Director identifying the
specific issues to be contended. Unless such request is made within 30 days following
recea.pt of t-hi.s permit, this permit Shall. be final. and binding. Should your request
be denied, you will have the right to .request an adjudicatory hearing.
Please take notice that this permit is not tr_ansf-era.ble.. Part II, D.3.
addresses the requirements to be :followed in case of change in ownership or control of
this discharge.
This permit does not affect the legal requirements to obtain other_ permits
which may be required by the Division of Environmental Management or permits required
by the Division of Land Resources, Coastal Area Management Act or any other Federal or
Local governmen.L-a.l permit: that may be required.
If you have any questions conce.rn:ing this permit, please contact Mr. Mack
Wiggins at telephone number 9.19/733-5083.
ncereIv,
4l sli, tis 2%,
AWHUR mou"
Taut Wilms
cc: Mr. Jim Patrick, EPA Mater Quality Secti011
T"M e Fieganaaa1 OL=�ce
jU\11 2 Q 1989
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Asheville 1?e! 10 !i Office
An Equal Opportunity Affirmative Action Employer Asheville, mrih Carolina

Permit No. NC0058637
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE,
ONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM -
In compliance with the provisions of North Carolina General Statute 143-215..1,
other lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
Ernest A. Klatt
and
Ernest F. Klatt
is hereby authorized to discharge wastewater from a facility located at
Gem City Mine
U. S. Highwav 23/441
East of Franklin
Macon City
to receiving waters, designated as an unnamed tributary to Rabbit Creek -in the
Little Tennessee River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, and III hereof.. -
This permit shall become effective July 1, 1989
This permit and the authorization t;o discharge.shall expire at midnight -on
May 31, 1994
Signed this day June 15, 1989
6 Siped Ry
AM"MOUw EP RY
R. Paul! Wilms, . Director
Divisioln of Environmental.Management
By Authority of the Environmental Management Commission..

Permit No. NCO058637
SUPPLEMENT TO PERMIT COVER SHEET
Ernest A. Klatt and Ernest F. Klatt
is hereby authorized to:
1. Continue to operate an existing inorganic solids settling basin located
at Gem City Mine, on U. S. High*aay 23/441, East of Franklin, in Macon
County (See Part III of this Permit);
2. Discharge from said treatment works -at the location specified on the
attached map into an unnamed tributary to Rabbit Creek which is classified
Class "C -Trout" waters in the Little Tennessee River Basin.

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A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the Permit
is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited and
monitored by the Permittee as specified below:
Effluent'Characteristics Discharge Limitations Monitoring Requirements,
lbs da Other Units (Specify) Measurement Sample. *Sample
Daily Avg. Daily Max. Daily Avg. Daily Max_Frequency Type Location
M3
The following "Best Management Practices" shall apply to this facility:
1). Restrict the flow to the flume to a minimum known value.
2) Provide twenty-four hours of detention time in .the final settling pond.
.3) Eliminate flow to the -flume when it is not in hse.
4) Construct influent and effluent structures to maximize the efficiency of the pond.
The pH shall not be less than N/A standard units nor greater than N/A standard units and shall be
-monitored weekly at the effluent by grab samples_
There shall be no discharge of floating solids or visible foam in other: than trace amounts_
NC000058637

A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS .Final In the event the "Best Management Practices"
fail or are not used, the following limitations and monitoring shall apply:
�
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee
is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited
and'
,monitored by the Permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
lbs da .Other Units (Specify) Measurement Sample
Sample
Daily Avg.' Daily Max. Daily Avg_ Daily -Max. Frequency. Type
Location
Flow-, 0.300 MGD 2/Month Instantaneous. E
Total Suspended Solids 55.0. mg/l 110.0.mg/l .2/month Grab
E
Settleable. Solids- 0.1 ml/l, 0.1 ml/l 2/month - Grab
E
Turbidity *-` y. 2/month Grab
U,D
*Sample locations: E - Effluent, U -Upstream, D -Downstream.
**The discharge shall not cause the turbidity,of the receiving water to exceed 10 NTU. If the.
turbidity exceeds these levels due to natural background conditions, the discharge level cannot
.cause any increase in the turbidity in'the receiving waters.
All samples collected should be of a representative discharge.
The, pH shall not be less than 6.0 standard units nor greater .than 9.0 standard units and shall be,.
monitored weekly at the effluent by grab samples.
There shall be'no discharge of floating solids or visible foam in.other than trace amounts.
M3 NC000058637

Part I
R. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for
discharges in accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective
-date of the permit.
2. Permittee shall at all times provide the operation and maintenance
necessary to operate the existing facilities at.: opt'i;nrim efficiency..
3. No later than 14 calendar days following a dat.P identified in the above
schedule of compliance, the permittee shall submit either a report of
progress or, in the case of speci.fic.actions being required by identified
dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of rion.compliance, any remedial
actions taken, and the probability of meeting the next schedule
requirements.

PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. GENERAL CONDITIONS
I. Duty to Comply
Part II
Page 1 of 14
The permittee must comply with all conditions_ of this permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds
for enforcement action; for permit termination, revocation and reissuance,
or modification; or for denial of a permit renewal application.
2. Penalties for Violations of Permit Conditions..
Any person who violates a per condition is subject to a civil penalty not
to exceed $10,000 per day of such violation. Any person who _willfully or
negligently violates a permit condition is guilty of a misdemeanor punishable
by a fine not to exceed $15,000 per day of violation, or by imprisonment
not to exceed six months or both.
3. Duty to Mitigate
The permittee shall take all reasonable steps to -minimize any adverse impact
to navigable waters resulting from noncompliance.with any effluent limitations
specified in this permit, including accelerated or additional monitoring as
necessary to determine the nature and impact of the noncomplying discharge.
4. Permit Modification
After notice and opportunity for a,hearing pursuant to NCGS 143=215.1(b)
(2) and NCGS 143-215.1(e) respectively, this permit may be.modified, suspended,
or revoked in whole or in part during its term for cause including, but not
limited to, the following:.
a._ Violation of -any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation orfailure to disclose fully
all relevant facts;
c. A change in.any condition that requires either a temporary or permanent
reduction or elimination of the authorized.discharge; or
d. Information newly acquired by the Division indicating the discharge poses
a threat to human health or welfare.
If the permittee believes that any past or planned activity would,be cause for
modification or revocation and reissuance, the permittee must report such
information to the Permit Issuing Authority. The submittal of a new application

5.
RI
may be required of the permittee.
a permit modification, revocation
notification of planned changes or
any permit condition.
Toxic Pollutants
Part II
Page 2 of 14
The filing of a request by the permittee for
and reissuance, or termination, or a
anticipated noncompliances, does not stay
Notwithstanding Part II, A-4 above, if a toxic effluent standard or prohibition
(including any schedule of compliance specified in such effluent standard or
prohibition) is established under Section 307(a) of the Act for a toxic
pollutant which is present in the discharge, if such standard or prohibition
is more stringent than any limitationfor such pollutant in this permit, this
permit shall be revised or modified in accordance with the toxic effluent
standard prohibition and the permittee so notified.
The permittee shall comply with effluent standards or prohibitions established
under Section 307(a) of the Clean Water Act for toxic pollutants within the
time provided in the regulations that establish those standards or prohibitions,
even if the permit has not yet been modified to incorporate the requirement.
Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, B-3) and
"Power Failures" (Part II, B-6), nothing in this permit shall be construed
to relieve the permittee from any responsibilities, liabilities, or penalties
for noncompliance.pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the
Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility
for effective compliance may be temporarily suspended.
7. Oil and Hazardous Substance Liabili
Nothing in this permit shall be construed to preclude the institution of any
legal action or relieve the permittee from any responsibilities, liabilities,
or penalties to which the permittee is or may be subject to under NCGS
143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore,
the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily
suspended.
8. Property Rights
The issuance of this permit does not convey any property rights in either real
or personal property, or any exclusive privileges, nor does it authorize any
injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations.

9. Onshore.of Offshore Construction
Part II
Page 3 -of 14
This permit does not authorize or approve the construction.of any onshore or
offshore physical structures or facilities or the undertaking of any work.
in any navigable waters.
10. Severability
The provisions of this permit are severable, and if any provision of this .
permit, or the application of any provision of this permit to any circumstances,
is held invalid, the application of such provision to other circumstances, -and
the remainder of this permit, shall not be affected thereby.
11. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reason-
able time, any information which the Permit Issuing Authority may request -
to determine whether cause exists for modifying, revoking and reissuing,
or terminating this permit or to determine compliance with this permit. The
permittee shall also furnish to the Permit Issuing Authority upon request,
copies of records required to be kept by this permit.
SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1, Proper Operation and Maintenance
The permittee shall at all times maintain in good working order and operate
as efficiently as possible all treatment or control facilities or systems
installed or used by the permittee to achieve compliance with the terms.'
and conditions of this permit. -
2.. Need to Halt or Reduce not a Defense
It -shall not be a defense for a permittee in an enforcement action that it
would have been necessary to halt or reduce the .permitted activity in
order to maintain compliance with the condition of this permit.
3. , Bypassint,
Any diversion from or bypass of facilities is prohibited, except (i) where
unavoidable to prevent loss of life or severe property damage, or (ii)
where.excessive storm drainage or runoff would damage any facilities
necessary for compliance with the effluent limitations and prohibitions of this
permit. All permittees who have such sewer bypasses or overflows of this
discharge shall submit, not later than six months from the date of.issuance
of this permit, detailed data or engineering estimates which identify:
a. The location of each sewer system bypass or overflow;
b. The frequency, duration and quantity of flow from each sewer system
bypass or overflow.

4.
5.
N
j
Part II
Page 4 of 14
This requirement is waived where infiltration/inflow analyses are scheduled
to be performed as part of an Environmental Protection Agency facilities
planning project.
The permittee shall report by telephone to either the central office or
appropriate regional office of the Division 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 division from or
bypass of facilities.
Upsets
"Upset" means an exceptional incident in which there is'unintentional and
temporary noncompliance with technology based permit effluent limitations
because of factors beyond the reasonable control of the permittee. An upset
does not include noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities,
lack of preventive maintenance, or careless or improper operation. An upset
constitutes an affirmative defense to an action brought for noncompliance
with such technology based permit limitation if the requirements of 40 CFR S
122.41(n)(3) are met..
Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of
treatment or control of wastewaters shall be disposed of in accordance with -
NCGS 143-215.1 and in a manner such as to prevent any pollutant from such
materials from entering,waters of the State or navigable waters of the United
States.
Power Failures
The permittee is responsible for maintaining adequate safeguards as required
by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H,
.0124 Reliability, to prevent the discharge of untreated or inadequately treated
wastes during electrical power failures -either by means of alternate power
sources, standby generator's or retention of inadequately treated effluent.
SECTION C. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be
characteristic of the volume and nature of the permitted discharge. Samples
collected at a frequency les's-than daily shall be taken on -a day and time that
is characteristic of the discharge over the entire period which the sample
represents. All samples shall be taken at the monitoring points specified in
this permit and, unless otherwise specified ,before the effluent joins or is
diluted:by any other wastestream, body of water, or substance. Monitoring points
shall not be changed without notification to and the approval of the Permit
Issuing Authority.

2. Reporting
Part II
Page 'S of 14
Monitoring results obtained during the previous month(s) shall be summarized for
each month and reported on a monthly Discharge Monitoring Report (DMR) Form
(DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM,
postmarked no later than the 30th day following the completed reporting period.
The first DMR is due -on the last day of the. month following the issuance of the
permit or in the case of a new facility, on the last day of the month following
the commencement of discharge. Duplicate signed copies of -these, and all other
reports required herein, shall be submitted to the following address: '
Division of Environmental Management
Water Quality Section
ATTENTION:. -Central Files
Post Office Box 27687
Raleigh, North Carolina 27611
3' Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to insure the accuracy and
reliability of measurements of the volume'of monitored discharges. The
devices shall be installed, calibrated and maintained to insure that the.'
accuracy of the measurements are consistent with the accepted capability of
that type of device. Devices selected shall be capable of measuring flows
with a maximum deviation of.less than +10% from the true discharge rates
throughout the range of expected discharge volumes. Once -through condenser
cooling water flow which is monitored by pump logs, or pump hour meters as
specified in Part I of this permit and based on the manufacturer's pump
curves shall not be'subject to this requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC
regulations published pursuant to NCGS 143-215..63 et seq, the Water and Air
Quality Reporting Acts, and to regulations published pursuant to Section 304(g),
33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and
Regulation 40 CFR 136.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or
knowingly renders inaccurate, any moinitoring device or method required to be'
maintained under this permit shall, -upon conviction, by punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than
six months per violation, or by both.

Part II
Page 6 of 14
6.. Records Retention
All records and information resulting from the monitoring activities required by
this permit including all records of analyses performed and calibration and
maintenance of instrumentation and recordings from continuous monitoring
instrumentation shall be retained for a minimum of three (3).years by the
permittee. Thisperiod of retention shall be extended during the course
of any unresolved litigation or if requested by the.Division of Environmental
Management or the Regional Administrator of the.Environmental Protection Agency.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this
permit, the permittee shall record the following information:
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed;
C'. The person(s) who performed the analyses; and
d. The results.of such.analyses.
8. Right of Entry
The permittee shall allow the Director of the Division of Environmental
Management, the Regional Administrator, and/or their authorized representatives,
upon the presentations of credentials:
a. ._To enter upon .the-permittee's premises where an effluent source is. located
or in which any records are required to be kept under the terms and
conditions of this permit; and
b. At reasonable times to have access to and copy any records required to be
kept under the terms and conditions of this permit; to inspect any
monitoring equipment or monitoring method required in this permit; and
to sample any discharge of pollutants.
SECTION D. REPORTING REQUIREMENTS _
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and
conditions of this permit. The discharge of any pollutant identified in
this permit more frequently than or at a level in excess of that authorized
shall constitute a violation of the permit. Any anticipated facility
expansions, production increases, or process modifications which will result

i � ^
Part II
Page 7 of 14
in new, different, or increased discharges of pollutants must be reported by
submission of a new NPDES application or, if such changes will not violate
the effluent limitations specified in this -permit, by notice to the DEM of
such changes. Following such notice, the permit may be modified to specify
and limit any pollutants not previously limited.
2. Anticipated Noncompliance
The permittee shall give notice to the Permit Issuing Authority ofany planned
change in the permitted facility or activity which may result in noncompliance
with permit requirements. Any maintenance of facilities, which might
necessitate unavoidable interruption of operation and degradation of effluent
quality, shall be scheduled -during noncritical water quality periods and carried.
out in a manner approved by the Permit,Issuing Authority.
3. Transfer of Ownership or Control.
This permit is not transferable. In the event of any change in'name, control
or ownership of facilities from which the authorized discharge emanates oris
contemplated, the permittee shall notify the prospective owner or controller by
letter of the existence of this permit and of the need to obtain a permit in the
name of the prospective owner: A copy of the letter shall be forwarded to the
Division of Environmental Management.,
4. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated herein
more frequently than required by this permit, using approved analytical methods
as specified above, the results of such monitoring shall be included in the
calculation and reporting.of the values is required in the,DMR. Such increased
frequency shall also be indicated. The DEM may require more frequent monitoring
or the monitoring of other pollutants not required in this permit by written
notification.
5. Averaging of Measurements
Calculations for limitations which require averaging of measurements. shall
utilize an arithmetic mean unless otherwise specified by the Permit. -Issuing
Authority in the permit.
6. Noncompliance Notification
The permittee shall report by telephone to either the central office or the
appropriate regional office of the Division 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:

Part II
Page 8 of 14
a. Any occurrence at the water pollution control facility which results in
,the discharge of significant amounts of wastes which areabnormal in.
quantity or characteristic, such as the dumping,of the contents of a
.sludge digester; 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 render
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.
d. Any time that self -monitoring -information indicates that the facility has
gone out of compliance with'its NPDES 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.
7." Changes in Discharges of Toxic Substances:
The permittee shall notify the Permit Issuing Authority as.soon as it knows or
has reason to believe:
a. That any activity has occurred or will occur which would result in the
discharge, on a routine or frequent basis, of any toxic substance(s) (listed
at 40 CFR S 122, Appendix D, Table II and III) which -is not limited in the
permit, if that discharge.will exceed the highest of the following
"notification levels".
(1) One hundred micrograms per liter (100 ug/1);
(2) .Two hundred micrograms per liter (200 ug/1) for acrolein and
acrylonitrile; five hundred micrograms per liter (500 ug/1)
for.2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one,
milligram per liter (1 mg/1) for antimony; or
(3) Five (5) times the maximum concentration value reported for that
pollutant(s) in the permit application.
b. That any activity has occurred or will occur which would result in any
discharge, on a non -routine -or infrequent basis, of a toxic pollutant
(listed at 40 CFR S 122, Appendix D. Table II and III) which is not
limited in the permit, if that discharge will exceed the highest of the
following "notification levels":.

(1) Five hundred micrograms per liter (500 ug/1);
Part II
Page 9 of 14.
(2) One milligram per liter (1 mg/1) for antimony;'or
(3) Ten (10) times the maximum concentration value reported for that
pollutant(s) in the permit application.
8. Expiration of Permit
Permittee is not authorized to discharge, after the expiration date. In order to -
receive authorization to discharge beyond the expiration date, the permittee
shall submit such information, forms, and fees as are required by the agency
authorized to issue permits no later than 180 days prior to the expiration date.
Any discharge without 'a permit after the expiration will subject the permittee
to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq.
9. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing
Authority shall be signed and certified.
a.. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate. officer.-For.the
purpose of this Section, a responsible corporate officer means:
(a) a president, secretary, treasurer or vice president of the
corporation in charge of a principal business function, .or any
other person who performs similar policy or decision making
functions for the corporation, -or (b) the manager of one or more
manufacturing production or operating facilities employing more
than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority
to sign documents -has been assigned or delegated to the manager in
accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or
the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either
a principal executive officer or ranking elected official..
b. All reports required by the permit and other information requested by the
Permit Issuing Authority shall be signed by a person described above or by
a duly authorized representative of that person. A person is a duly'
authorized representative only_if:
(1) The authorization is made in writing by a person described above;
(2), The authorization specified either an individual or a position having
responsibility for the overall operation.of the regulated facility or
activity, such as the position of plant manager, operator of.a well or

Part II
Page 10 of 14
well field, superintendent ,-a position of equivalent responsibility,
or an individual or position having overall responsibility for environ-
mental matters for the company. (A duly authorized representative
may thus be either 'a named individual or any -individual occupying a
named position.); and
(3)- The written authorization is submitted to the Permit Issuing Authority.
C. Certification. Any person signing a document under paragraphs a. or b. of
this section shall making the following certification:
"I certify, under penalty of law, -that this document and all attachments
were prepared under my direction or,supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons.who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
believe, true, accurate, and complete. I am 'aware that there are
significant penalties -for submitting false information, including the
possibility of fines and imprisonment for knowing violations."
10. Availability of Reports
Except.for data determined to be confidential under NCGS 143-215.3(a) (2) or
Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance
with the terms shall be available for public inspection at the offices of the
Division of Environmental Management. As required by the Act, effluent data:,
shall not be considered confidential. Knowingly making any false statement on
any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b) (2) -or in Section 309 of the Federal Act.
11. .Penalties for Falsification of Reports
The'Clean Water Act provides that any person who knowingly makes any false
statement, representation, or certification in any record or other document
submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be
punished by,a fine of not more than $10,000 per violation, or by imprisonment
for not more than six months per.violation, or by both.
SECTION E. DEFINITION
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of Natural
Resources and Community Development.

Part II
Page 11 of 14
3. - EMC:
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
5. Mass/Day Measurements
a. The "monthly average discharge: is defined as the total mass of all
daily discharges sampled and/or measured during a calendar month on
which daily discharges are sample and measured, divided by the number
of daily discharges samples.and/or measured during such month. It is
therefore, an arithmetic mean found by adding the weights of the
pollutant found each day of the month and then dividing this sum by
the number of days the tests were reported. The,limitation is
identified as "Daily Average" or "Monthly Average" in Part I of the
permit._
b. The "weekly -average discharge" is defined as the total mass of
all daily discharges sampled and/or measured during the calendar week
(Sunday -Saturday) on which daily discharges are sampled.and measured,
divided by the number of daily discharges samples and/or measured
during such week. It is, therefore, an arithmetic mean found by,
adding the weights of pollutants found each day of the week and then
dividing this sum by the number of days the tests were reported. This
limitation is identified as "Weekly Average"'in Part I of the permit.
C. The "maximum daily discharge" is the total mass (weight) of a
pollutant discharged during a calendar day. If only.one sample is
taken during any calendar day the weight of pollutant calculated from
it is the "maximum daily discharge.". This limitation is identified as
"Daily Maximum," in Part I of the permit.
d. The "average annual discharge" is defined as the total mass of all
daily discharges sample and/or measured during the calendar year on
which daily discharges are sampled and measured, divided -by the number.,
of daily discharges sampled and/or measured during such year. �_It is-,
therefore, an arithmetic mean found by adding the weights of
pollutants found each day of the year and then dividing this sum by the
number of days the tests were reported. This limitation.is defined as
"Annual Average" in Part I of the permit.

6. Concentration Measurement
Part II
Page 12 of 14
a. The "average monthly concentration," -other than for fecal coliform..
bacteria, is the.sum of the concentrations of all daily discharges
samples and/or measured during a calendar month on which daily discharges
are sampled and measured, divided by the number of daily discharges sampled
and/or measured during such month (arithmetic mean of the daily
concentration values). The daily concentration.value is equal to the
concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected
.during that calendar day. The average monthly count for fecal coliform
bacteria is the geometric mean of the counts for samples collected during a
calendar month. This limitation is identified as "Monthly Average" or
"Daily Average" under "Other Limits" in Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria,
is the sum of the concentrations of all daily discharges sampled and/or
measured during a calendar week (Sunday/Saturday) on which -daily discharges
are sampled and measured divided by the number of daily discharges sampled
and/or measured during such week (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the
concentration of a.composite sample or -in .the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected during
that calendar day. The average weekly count for fecal coliform bacteria is
the geometric mean of the counts for samples collected.during a calendar
week. This limitation is identified as."Weekly Average" under "Other
Limits" in Part I of the permit:
C. The "maximum daily concentration" is the concentration of a pollutant
discharge during a calendar day. It is identified as "Daily Maximum"
under "Other Limits" in Part I of the permit.
d. The "average annual concentration," other than for fecal coliform bacteria,
is the sum of the concentrations of all daily discharges sampled and/or
measured during a calendar year on which daily discharges are sampled and
measured divided by the number of daily discharges sampled and/or measured
during such year (arithmetic mean of the daily concentration values). The
daily concentration value is equal to the concentration of a composite
sample or in the case of grab samples is the arithmetic mean (weighted by
-flow value) of all the samples collected during'that calendar day. The
average yearly count for fecal coliform bacteria is the geometric mean
of the counts for samples collected during a calendar year. This limitation
is identified as "Annual
.Average" under "Other Limits" in Part I of the
permit.

7. Other.Measurements
Part II
Page 13 of 14
A. Flow, (MGD): The flow limit -expressed in this permit is the 24 hours
average flow, averaged monthly. It is determined as the arithmetic mean
of the total daily flows recorded during the calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time
of sampling, when both the sample and.flow will be representative of the
total discharge.
8.- Types of Samples
a. Composite Sample: These samples consist of grab samples collected at
equal intervals and combined proportional to flow, a sample continuously
collected proportionally to flow, or equal volumes taken at varying time
intervals. If a composite sample, is obtained from grab samples, the
following requirements apply. The intervals between influent grab
samples shall be no. greater than hourly. Intervals between effluent grab
samples shall be no greater than hourly except where the detention time
of the wastewater in the facility is greater than 24 hours, in which
case, the interval between grab samples shall be no greater -in number of
hours than the detention time in number of days; provided, however, in
no case may the time between effluent grab samples be greater than six
hours nor the number of grab samples less than four during any discharge
period of 24 hours or less.
b-. Grab Sample: Grab samples are individual samples collected over a
period of time not exceeding 15 minutes; the grab sample can be taken
manually.
9. Calculation of Means
a. Arithmetic Mean: The arithmetic mean of any set of values is the summation
of the individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of
.the product of the individual values where N is equal to the number of
individual values. The geometric mean is -equivalent to the antilog of
the arithmetic mean of the logarithms of the individual.values. For
purposes of calculating the geometric mean, values of zero (0) shall be
considered to be one (1).
C. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the
respective flows.

Part II
Page 14 of 14
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight.
of the next day. However, for purposes of this permit, any consecutive 24-hour
period that reasonably represents the calendar day may be used for sampling..
11.. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR-Part 116_
pursuant to Section 311 of the Clean Water Act.
12. Toxic Pollutant
-A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of
the'Clean Water Act.

PART III -
-
OTHER REQUIREMENTS
A. Previous Permits.
All previous State water quality permits issued to this facility, whether for
construction or operation or discharge, are hereby revoked by issuance of this
permit. The conditions, requirements, terms, and provisions of this permit
authorizing discharge under the National Pollutant Discharge Elimination.
System govern discharges from this facility..
B. Construction
No construt:tion of waster.vater treatment fac.111ties or add.itioris thereto shall
be begun. until. Final Plans a.ad Spec ifi.c.ations have been submitted to the
Division of Environmental Management and written approval and Authorization
to Construct has been issued.
C. Certified Operator
Pursuant to Chapter 90A of North Carolina. General Statutes, the Permittee shall
employ a certified wastewater treatment plant operator. .in responsihle charge
of the wastewater treatment facilities. Such operator Mist hold a certification
of.the grade equivalent to or greater than the class-ification assigned to the
wastewater treatment facilities.
D. Groundwater Monitor
The permittee shall, upon written -notice from the Director of the Division of
Environmental.Management, conduct groundwater monitoring as may he required
to determine the compliance of this NPDES permitted'facil.ity with the current
groundwater standards.
E. Limitations_Reo�pene.r
This permit: shall be. modified .or al.ternati.vely, reivcked and reissued, to comply
with .airy applicable effluent guideline.or w9ter duality standard issued or
approved under Sections 302(b) (2) (c), and. (d), 306(b) (2), and 307(13) (2)
of the Clean Water Act, if the effluent guideline or water quality standard
so issued or approved:
1. contains different conditions or is otherwise m(_xre. stringent than any
effluent limitation in the permit; or
2. controls any pollutant not limited in the permit.
The permit as.modified -or reissued un.der this paragraph shall also contain any
other requirements in the Act then applicable."

Part III
Permit No. NCO058637 .
F. Toxicity Reopener.
This permit shall be modified,'or revoked and reissued, to incorporate toxicity
limitations and monitoring requirements in the event toxicity testing or other
studies conducted on the effluent or receiving stream indicate that detrimental '
effects may be expected in the -receiving stream as a result of this`discharge.
G. In the event that violations of the turbidity standard of -the North Carolina
,Water Quality Standards occur as.a result of -this discharge, this permit shall
be modified or alternately. revoked and reissued to incorporate limitations_
sufficient to protect the receiving water.
H. The wastewater treatment facilities shall be properly maintained and operated
at all. times.
I. Diversion or bypassing of untreated wastewater from the treatment facility is
prohibited.
J. Solids removed or resulting from -the wastewater treatment process shall be
contained and disposed of in such as manner as to prevent any contamination of
surface water of the State'.
K. The permittee shall properly connect to an operational publicly owned -
wastewater collection system within.180 days of its availability to the site,
if the facility is in noncompliance with its permit effluent limitations for
three consecutive months.

PART IV
ANNUAL ADMINISTERING AND COMPLIANCE FEE REQUIREMENTS
A. The permittee must pay the annual administering and compliance fee within 30
(thirty) days after being billed by the Division. Failure to pay the fee in a
timely manner in accordance with 15 NCAC 2H .0105(b)(4) may cause this Division
to initiate action to revoke the permit.

puw�
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor August 31, 1987 R. Paul Wilms
S. Thomas Rhodes, Secretary CERTIFIED MAIL Director
_ RETURN RECEIPT.REQUESTED
Mr. Ernest A. Klatt
Gem City Mine
44 East Main Street
Franklin, NC 28734
Subject: Permit No__ NC0058637
Gem .C=ity -,'.Kline
�Ma2 o Cn o uust_y
Dear Mr. Klatt:
In accordance with your application for discharge permit received on
June 23, 1987, we are forwarding herewith the subject State - NPDES permit.
This permit is issued pursuant to the requirements of North Carolina General
Statute 143-215.1 and the Memorandum of Agreement between North Carolina and
the US Environmental Protection Agency dated December 6, 1983.
If any parts, measurement frequencies or sampling requirements
contained in this permit are unacceptable to you, you may request a waiver
or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written
request to the Director identifying the specific issues to be contended.
Unless such request is made within 30 days following receipt of this permit,
this permit shall be final and binding. Should your request be denied, you
will have the right to request an adjudicatory hearing.
Please take notice that this permit is not transferable. Part II, B.2.
addresses the requirements to be followed in case of change in ownership or
control of this discharge.
This permit does not affect the legal requirement to obtain other
permits which may be required by the Division of Environmental Management or
permits required by the Division of Land Resources, Coastal Area Management
Act or any other Federal or Local governmental.permit that may be required.
If you have any questions concerning this permit, please contact Mr.
Dale Overcash, at telephone number 919/733-5083.
Sincerely,
ORIGINAL SIGNED BY RECEIVED
JAR -I'HUR_ MOUuERRY
FOR R. Paul Wilms Water Quality Section
cc: Mr. Jim Patrick, EPA SEP 4 - 1987
ji�As
N, e,.g o::n:a 1=`S u-P.e rrs o
Pollution Prevention Pays
Asheville Regional Office
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Aslleviile, Illorill Carolina
An Equal Opportunity Affirmative Action Employer

Permit No. NCO058637
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
DIVISION. OF ENVIRONMENTAL MANAGEMENT
P E R M I. T
To Discharge Wastewater Under the. NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of. North Carolina General Statute 143-215.1,"
other lawful." standards, and regulations promulgated and adopted by the North
Carolina Environmental Management Commission, and the Federal Water Pollution
Control Act,. as amended,
ERNEST A. KLATT
and .
ERNEST F. KLATT
are hereby authorized to discharge wastewater -from a facility located at
Gem City Mine
U.S. Highway 23/441
east of Franklin .
Macon County
to receiving waters designated as an unnamed tributary, to Rabbit Creek in the Little
Tennessee River- Basin
in accordance with effluent limitations,- monitoring requirements, and other conditions
set forth_ in Part, I, 11, and III hereof.
This permit "shall become effective ' August 31, 1987
This permit and the authorization to -discharge shall expire at midnight on
September 30,- 1989.
Signed this day of " August 31, 1987
ORIGINAL SIGNED BY
ART-IUR MOU.BERRY
FOR
R. PAUL WILMS,' DIRECTOR
D.IV'ISION OF ENVIRONMENTAL MANAGEMENT
BY AUTHORITY OF THE ENVIRONMENTAL
MANAGEMENT COMMISSION

SUPPLEMENT. TO PERMIT COVER SHEET
Ernest A. Klatt .and. Ernest F. Klatt
Permit No. NC0058637
.are -'.hereby authorized to:
1. Continue to :operate -an existing inorganic solids settling basin located at Gem
City Mine, on: U.S.' Highway 23/441, East of .Franklin, in Macon County (See
Part 111' of this Permit);
2. After receiving an Authorization to. Construct from the Division of Environmental
Management, either:
(a) employ a "Best Management .Practices" program as outlined on Page 13, A (1) ,
.or
(b) construct and operate facilities as necessary to comply with the conditions
and limitations contained in'this permit; and
3. Discharge.from said treatment works into an unnamed tributary. to Rabbit
Creek which is classified- Class "C -Trout" waters in the Little Tennessee River
Basin.
n
9

A. (�).. EFFLUENT LIMITATIONS AND;.MONITORING REQUIREMENTS
During the period beginningon the effective date of the permit and lasting until expiration, the
permittee 1s.authorized to discharge from outfall(s) serial number(s). 001.
Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics' .Discharge Limitations Monitoring Requirements
K�/day (lbs./day) Other Units (Specify) Measurement Sample
Daily Avg. Daily Max.
i Daily Avg. Daily Max. frequency e
_
The following-. "Best. Management Practices"' shall apply to i this facility: .
1) Restrict the flow to. the flume to a� minimum known value.
2) . Provide twenty-four. hours of detention time in the final settling pond.
3J . Eliminate. flow to the flume when it is not in use.
Sample
Locat o
i 7
o �
o rt
W7
CO O
W
The pH shall.'not be less than NSA standard units nor greater than NSA standard units V
and shall be monitored
There shall be no discharge of floating solids or visible foam.in other than trace amounts.

t4
LA.)
A. EFFLUENT LIMITATION AND MONITORING REQUIREMENTS - FINAL - In the event the "Best Management Practic
fail. or .are; not used, the: following limitations and- monitoring shall apply:
During -the period beginning on -the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge from outfall(s) aerial number(s) 001.
Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
kg/day (lbs/day) Other Units (Specify) Measurement Sample *Sample
Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Location
Flow-'
0.300 MGD 2/Month. Instantaneous
Total Suspended Solids 55.0. mg/l 110.0 mg/l 2/Month brab E
Settleable Solids 0.1 ml/l 0•'1 ml/l 2/Month. Grab E
Turbidity ** ** 2/Month. Grab U,D
*Sample locations: E - Effluent, U - Upstream, D - Downstream
**The discharge shall not cause the turbidity of the receiving water to exceed 10 ' NTU.
If the turbidity exceeds these levels due to natural background conditions, the discharge
level cannot cause any increase in the turbidity in the receiving water.
i
,All samples collected should be of a -representative discharge.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be M(D
monitored weekly at the effluent by grab samples O �,
O rt
There shall be no discharge of floating solids or visible foam in other than trace amounts. w !2
rn o
w
V

D .
aun�LuLE OF COMPLIANCE
Part I
Permit No. NC
1. The permittee shall achieve compliance with the effluent
limitations specified for discharges in accordance with the
folllowing schedule:
NpT APPLICABLE
2. No later than 14 calendar days following a date identified in
the above schedule of compliance,.the permittee shall submit
either a report of progress or, in the case of specific actions
being required.by identified dates, a written notice of .
compliance or noncompliance. In the latter case, the notice
shall include the cause of noncompliance, any remedial actions
taken, and the probability of meeting the next scheduled
requirement.
I4

C. MONITORING AND REPORTING
1. Representative Sampling
Samples collected and measurements taken
shall be characteristic of the volume
permitted discharge. Samples collected
than daily shall be taken on a day
characteristic of the discharge over the
the sample represents.
2. Reporting
as required herein
and nature of the
at a frequency less -
and time that is
entire period which
.Monitoring results .obtained during the previous month(s)
shall be summarized for each month and reported on a monthly
Discharge Monitoring Report (DMR) Form (DEM No..MR 1, 1.1,
2, 3,) or alternative forms approved by the Director; DEM,
postmarked no later than the 30th day following the
completed reporting, period.
The first DMR is due on the lastday of the month following
the issuance of the permit or in the case of a new facility,
on the last day of the month following the commencement of
discharge. Duplicate signed copies of these, and all other
reports. required herein, shall be submitted to the following
address:
Division of Environmental Management
Water Quality Section
ATTN: Central Files
Post Office Box 27687
Raleigh, -NC 27611
3. Definitions
a. Act or "the Act":' The Federal Water Pollution Control
Act, also know as the Clean Water Act, as amended, 33 U.S.C.
1251, et. seq.
b.The "daily average" discharge means the total discharge
by weight during a calendar month -divided by the number of
days in the month that the production or commercial facility
was operating. Where less than daily sampling is required by
this permit, the daily average discharge shall be determined
by the summation of all the measured daily discharges by
weight divided by the number of days sampled during the
calendar month when the measurements were made.
C. The "daily- maximum" discharge means the total discharge
by weight during any calendar day.
I 5

d'. DEM or Division: means the Division of Environmental
Management, Department of Natural Resources and Community
Development.
e. EMC: used herein means the North Carolina Environmental
Management Commission.
f. Flow, M3/day (MGD): The flow limit expressed in this
permit is the 24 hour average flow, averaged monthly. It is
determined as the arithmetic mean of the total daily flows
recorded during the calendar month.
g. Arithmetic Mean: The arithmetic mean of any set of
values is the summation of the individual values divided by
the number of individual values.
h. Geometric Mean: The geometric mean of any set of values
is the Nth root of the product of the individual values
where N is equal to the number of individual values. The
geometric mean is equivalent to the antilog of the
arithmetic mean of the logarithms of the individual values.
For purposes of calculating the geometric mean, values of
zero (0) shall be considered to be one (1).
i. Composite Sample: These samples consist of grab samples
collected at equal intervals and combined proportional to
flow, a sample continuously collected proportionally to
flow, or equal volumes taken at varying time intervals. If a
composite sample is obtained from grab samples, the
following requirements apply. The intervals between influent
grab samples shall be no greater than hourly. Intervals
between effluent grab samples shall be no greater than
hourly except where the detention time of the wastewater in
the facility is greater than 24 hours, in which case, the
interval between grab samples shall be no greater in number
of hours than the detention time in number of days;
provided, however, in no case may the time between effluent
grab samples be greater than six hours nor the number of
grab samples less than four during any discharge period of
24 hours or less.
j. Grab Sample: Grab samples are individual samples
collected over a period of time not exceeding 15 minutes;
the grab sample can be taken manually.
I 6

4. Test Procedures
Test procedures for the analysis of pollutants shall conform
to the EMC regulations published pursuant to N.C.G.S.
143-215.63 et seq, the Water and Air Quality Reporting Act,
and to regulations published pursuant to.Section 304(g), 33
USC 1314, of the Federal Water Pollution Control Act, As
Amended, and Regulation 40 CFR 136.
5. Recording Results
For each measurement or sample taken pursuant to the
requirements of this permit, the permittee shall record the
following information:
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed; and
c. The person(s) who performed the analyses.
6. Additional Monitoring by Permittee
If the 'permittee monitors any pollutant at the location(s)
designated herein more frequently than required by this
permit, using approved analytical methods as specified
above, the results of such monitoring shall be included in
the calculation and reporting of the values is required in
the DMR. Such increased frequency shall also be indicated.
The DEM may require more frequent monitoring or the
monitoring of other pollutants not required in this -permit
by written notification.
7. Records Retention
All records and information resulting from the monitoring
activities required by this Permit including all records of
analyses performed and calibration and maintenance of
instrumentation and recordings from continuous monitoring
instrumentation shall be retained for a minimum of three (3)
years. This period of retention shall be extended during the
course of any unresolved litigation or if requested by the
Division of Environmental Management or the Regional
Administrator of the Environmental Protection Agency.
I 7

PART II GENERAL CONDITIONS
A. MANAGEMENT REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with
the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than
or at a level in excess of that authorized shall constitute
a violation of the permit. Any anticipated facility
expansions, production increases, or process modifications
which will result in new, different, or increased discharges
of pollutants must be reported by submission of a new NPDES
application or, if such changes will not violate the
effluent limitations specified in this permit, by notice to
the DEM of such changes. Following such notice, the permit
may be modified to specify and limit any pollutants not
previously limited.
2. Noncompliance Notification
The permittee shall report by telephone to either the
central office or appropriate regional office of the
division 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 water pollution control
facility which results in the discharge of significant
amounts of wastes which are abnormal in quantity or
characteristic, such as the dumping of the contents of a
sludge digester, 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 render 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..
d. Any time that self-monitoring information indicates
that the facility has gone out of compliance with its
NPDES permit limitations.
W

Persons reporting such
file a written report
following first knowledge
3. Facilities Operation
occurrences by telephone shall also
in letter form within 15 days
of,the occurrence.
The permittee shall at all times .maintain in good working
order and operate as efficiently as possible all treatment
or control facilities or systems installed or used by the
permittee to achieve compliance with the terms and
conditions of this permit.
4. Adverse Impact
The permittee shall take all reasonable steps to minimize
any adverse impact to navigable waters resulting from
noncompliance with any effluent limitations specified in
this permit, including such accelerated or, additional
monitoring as necessary to determine the nature and impact
of,the noncomplying discharge.
5. Bypassing
Any diversion from or bypass of facilities is prohibited,
except (i) where unavoidable to prevent loss of life or
severe property damage, or- (ii) where excessive storm
drainage or runoff would damage any facilities necessary for
compliance with the effluent limitations and prohibitions of
this permit. All permittees who have such sewer bypasses or
overflows of this discharge shall submit, not later than six
months from the date of issuance of this permit, detailed_
data or engineering estimates which identify:
a. The location of each sewer system bypass or overflow;
b. The frequency, duration and quantity of flow from
each sewer system bypass or overflow.
The permittee shall report by telephone to either the
central office or appropriate regional office of the
division 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 diversion from or
bypass of facilities.
I 9

6. Removed Substances
Solids, sludges, filter backwash,
removed in the course of treatment or
shall be disposed' of in accordance
in a manner such as to prevent
materials from entering waters of
waters of the United States.
7. Power Failures
or other pollutants
control of wastewaters
with NCGS 143-215.1 and
any pollutant from such
the State or navigable
The permittee is responsible for maintaining adequate
safeguards to prevent the discharge of untreated or
inadequately treated wastes during electrical power failures
either by means of alternate power sources, standby
generators or retention of inadequately treated effluent.
8. Onshore or Offshore Construction
This permit does not authorize or approve the construction
of any onshore or offshore physical structures or facilities
or the undertaking of any work in any navigable waters.
B. RESPONSIBILITIES
1. Right of Entry
The permittee shall allow the Director of.the Division of
Environmental Management, the Regional Administrator, and/or
their authorized representatives, upon the presentations of
credentials:
a. To enter upon the permittee's premises where an
effluent source is located or in which any records are
required to be kept under the terms and conditions of
this permit; and
b. At reasonable times to have access to and copy any
records required to be kept under the terms and
conditions of this permit; to inspect any monitoring
equipment or monitoring method required in this permit;
and to sample any discharge of pollutants.
I 10

2. Transfer of Ownership or Control
This permit is not transferable. In the event of any
change in name, control or ownership of facilities from
which the. authorized discharge emanates or is contemplated,
the permittee shall notify the prospective owner or
controller by letter of the existence of this permit and of
the need to obtain a permit in the name of the prospective
owner. A copy of the letter shall be forwarded to the
Division of Environmental Management.
3. Availability of Reports
Except for data determined -to be confidential under NCGS
143-215.3(a) (2) or Section 308 of the Federal Act, 33 USC
1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of -
the Division of Environmental Management. As required by
the Act, effluent data shall not be considered
confidential. Knowingly making any false statement on any
such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.1(b) (2) or in
Section 309 of the Federal Act.
4. Permit Modification
After notice and opportunity for a hearing pursuant to NCGS
143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this
permit may be modified, suspended, or revoked in whole or
in part during its term for cause including, but not
limited to, the following:
a. Violation of any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation or
failure to disclose fully all relevant -facts; or
c. A change in any condition that requires either a
temporary or permanent reduction or elimination of the
authorized discharge.
111

5. Toxic Pollutants
Notwithstanding Part II, B-4 above, if a toxic effluent
standard or prohibition (including any schedule of
compliance specified in such effluent standard or
prohibition) is established under Section 307(a) of the Act
for a toxic pollutant which is present in the discharge, if
such standard or prohibition is more stringent than any
limitation for such pollutant in this permit, this permit
shall be revised or modified in accordance with the toxic
effluent standard prohibition and the permittee so notified.
6. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part
II, A-5) and "Power Failures" (Part II, A-7), nothing in
this permit shall be construed to relieve the permittee from
any responsibilities, liabilities, or penalties for
noncompliance pursuant to NCGS 143-215.3, 143-215.6 or
Section 309 of the Federal Act, 33 USC 1319. Furthermore,
the permittee is responsible for consequential damages, such
as fish kil1S, even though the responsibility for effective
compliance may be temporarily suspended.
7. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee
from any responsibilities, liabilities, or penalties to
which the permittee is or may be subject to under NCGS
143-215.75 et seq, or Section 311 of the Federal Act, 33 USC
1321. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily
suspended.
8. Property Rights
The issuance of this permit does not convey any property
rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations.
I 12

9. Severability
The provisions of this permit are severable, and if any
provision of this permit to any circumstance is held
invalid, the application of such provision to other
circumstances, and the remainder of this permit shall not be
affected thereby.
10. Expiration of Permit
Permittee is not authorized to discharge after the
expiration. date. In order to receive authorization to
discharge beyond the expiration date, the permittee shall
submit such information, forms, and fees as are required by
the agency authorized to issue permits no later than 180
days prior to the expiration date. Any discharge without a
permit after the expiration will subject the permittee to
enforcement procedures as provided in NCGS 143-215.6, and 33
USC 1251 et seq.
I 13

PART III OTHER REQUIREMENTS
A. Previous Permits
All previous State water quality permits issued to this
facility, whether for construction or operation or discharge,
are hereby revoked by issuance of this permit. The conditions,
requirements, terms, and provisions of this permit authorizing
discharge under the National Pollutant Discharge Elimination
System govern discharges from this facility.
B. Construction
No construction of wastewater treatment facilities or additions
thereto shall be begun until Final Plans and Specifications have
been submitted to the Division of Environmental Management and
written approval and Authorization to Construct has been issued.
C. Certified Operator
Pursuant to Chapter 90A of North Carolina General Statutes, the
permittee shall employ a certified wastewater treatment plant
operator in responsible charge of the wastewater treatment
facilities. Such operator must hold a certification of the grade
equivalent to or greater than the classification assigned to the
wastewater treatment facilities.
D. Groundwater Monitoring
The permittee shall, upon written notice from the Director of
the Division of Environmental Management, conduct groundwater
monitoring as may be required to determine the compliance of
this NPDES permitted facility with the current groundwater
standards.
E. Limitations Reopener
This permit shall be modified or alternatively, revoked and
reissued, to comply with any applicable effluent guideline or
water quality standard issued or approved under Sections
302 (b) (2) (c) , and (d) , 304 (b) (2) , and 307 (a) (2) of the Clean
Water Act, if the effluent guideline or water quality standard
so issued or approved:
1. contains different conditions or is otherwise more
stringent than any effluent limitation in the permit; or
2. controls any pollutant not limited in the permit.
I 14

Part III
Permit No. NCO058637
F. Toxicity Reopener
This permit shall be modified, or revoked and reissued to
incorporate toxicity limitations and monitoring requirements in the
event toxicity -testing or other studies conducted on the effluent or
receiving stream indicate that detrimental effects may be expected
in the receiving stream as a result of this -discharge. .
G. In the event that violations of the turbidity standard of the North
Carolina Water Quality Standards occur as a result of this
discharge, this permit shall be modified or alternately, revoked and
reissued to incorporate limitations sufficient to protect the
receiving water.
H. The wastewater treatment facilities shall be properly maintained and
operated at.all times.
I. Diversion or bypassing of untreated wastewater from the treatment
facility is prohibited.
J. Solids removed or resulting from the wastewater treatment process -
shall be contained and disposed of in such as manner as to prevent
any contamination of surface water of the -State.'

Elf
` -ate for- warded
:.-. Raleigh: 3/1/84
STAFF REPORT AND RECOMMENDATIONS
PART I - -INSPECTION OF FACILITY
1. Place Visited: Ruby City Gem Mine
Macon County, North Carolina
2. Date Visited: December, 1983
3. By: W E. Anderson
4.' Persons Contacted:
N/A
5. Directions to Site: From the intersection of U.S. Hwy. 23/441
and NCSR 1504 East of Franklin, travel west on U.S. Hwy. 23/441
approximately .1 mile to Ruby City Gem Mine on the 'right.
6. Latitude and Longitude of the Discharge:
Latitude 35° 12' 25" N
Longitude 83° 21' 48" W
7. Size:
Approximately 2 acres
8. Topography: Level
9. Location of Nearest Dwelling:
Greater than 500 feet
10. Receiving Stream: U. T. to Rabbit Creek
(a) Cl ass i fi cati on : "C -Trout"
(b) Sub -basin: Little Tennessee
(c) Attach map indicating location of discharge point.
PART II - DESCRIPTION OF DISCHARGE
1. Type of Wastewater: Muddy water from a tourist gem mining sluice.
d

-2-
2. Volum of Discharge: Less than .05 MGD
3. Production Rates and Major Processes. (If i:ndustri'al, guidelines
are based on production.)
N/A
4. Description of Treatment. Facility:
Inorganic solids settling ponds.
5.. Sample Locations:
-U
D-
I -
E-
6. 4 -Digit -SIC Code:
PART III - OTHER- PERTINENT IN FORMATI0,14
NPDES Permit No. NCO023851 was issued for this facility under the name
of Gem City Pine. The permit expired June 30, 1981. The settling ponds,
are adequate to treat the wastewater from this facility.

„, RE COMMEN DATI ONS
Renew NPDES Permit No. NC0028851 with the facility name changed to "Ruby
City Gem Mine." Require monitoring consistent with other tourist gem mine
discharging permits.
- 3-

North Carolina Department of Natural
y,- = Resources &Community Development
James B. Hunt, Jr., Governor James A. Summers, Secretary
Mr. Ernest A. Klatt
Gem City Mine
44 East Main Street
Franklin, NC 28734
Dea r
X
Mr. Klatt
February 24, 1984
DIViSION OF
ENVIRONMENTAL
MANAGEMENT
Robert F. Helms
Director
R rpCa 'YVT D
Water Quality Divisior,
FEB 28 1984
Western Regional Office
6sheville, North Carolina
Subject: Application for NPDES Permit
No. NCO058637
Gem City Mine
Macon
Receipt of the following documents is hereby acknowledged:
Application Form
Engineering Proposal (for proposed control
Request for permit renewal
Other
facilities)
County
If any of the items listed below are checked, the application received is
incomplete and the indicated item(s) must be received be -Fore review can begin:
_Application Form (copies enclosed)
Engineering Proposal (See (b) 1-5 on attached)
Other
If the application is not made complete within thirty (30) days, it will be
returned to you and may be resubmitted when complete.
This application has been assigned to Ms. Helen S. Fowler
(919/733-5083) of our Permits Unit for review and preparation of a draft permit_.
Once the permit is drafted, public notice must be issues for forty-five (45) days
prior to final action on the issuance or denial of the permit. You will be advised
of any comments, recommendations, questions or other information necessary for the
review of the application.
I am, by copy of this letter, requesting that our Regional Office Supervisor
prepare a staff repor-- and recommendations regarding this discharge. If you have
[� all/ aL.e—s Ji._ Z
apGV=.
cc:. �s"ne ire Regional Super• �so�
Ms. Helen S. Fowler
P 0. Box 27687 Raleign. N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer
` -ter=iy ��jr,
vr}iI?iai.•.�aiiict y
HELEN S. FOWLER
Wi I I lam C. "4i 11s:
cc:. �s"ne ire Regional Super• �so�
Ms. Helen S. Fowler
P 0. Box 27687 Raleign. N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer

OLINA DEPT. OF N --RAL RESOURCES AND COMMUNITY DE OPMENT
0 0 ION OF ENVIRONMENTAL MANAGEMENT, P.O. BOX 27687, RALEIGH, NC 27611
VIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C FOR
AGENCY
USE
To be filed only by persons engaged in manufacturing and mining
Do not attempt to complete this form before reading accompanying instructions
Please print or type
1. Name, address, location, and telephone number of facility producing discharge
A. Name C�► ,,E1l 6/71� MINE
APPLICATION NUMBER
1^ 2. V A � 6- is
DATE RECEIVED
14 1 d2- -23
YEAR - M0. DAY
B. Mailing address
1. Street address
2. City �� 3. State
4. County «� 5. ZIP
C. Location:
1. Street
2. City
4. State
D. Telephone No. '�-�—
Area
Code
2. SIC I I I I
(Leave blank)
3. Number of employees i�?
3. County &A&,�AI
If all your waste is discharged into a publicly owned waste treatment facility.
and to the best of your knowledge you are not required to obtain a discharge
permit, proceed to item 4. Otherwise proceed directly to item 5.
4. If you meet the condition stated above, check here o and supply the information
asked for below. After.completing these items, please complete the date, title,
and signature blocks below and return this form to the proper reviewing office
without completing the remainder of the form.
A. Name of organization responsible for receiving waste
B. Facility receiving waste:
1. Name
2. Street address
3. City
4. County
/� 5. State 6. ZIP
a. 0Principal product, orawd]material (Check one)
'6. Principal process . � ��"/ ��� � 7n)Vr � ����� ���✓��
7. Maximum amount of principal product producedQ'or raw material consumed per (Check one)
Amount
Basis
1-99 100-199 200-499 500-999
(1) (2) (3) (4)
1000-
4999
(5)
50007
9999
(6)
10,000-
49.999
(7)
50,000
or more
(B)
A. Day
B. Month
C. Year
PREVIOUS EDITION MAY BE USED UNTIL SUPPLY 15 EXHAUSTED

ti. Mnxlmum amount. of principal µr• �A. pr•odur.od or rnw mntrrinl (mrrumm-rl, r• rrl
in iLem 1. .above. is measured in (Check one):
A. W"pounds B. ❑ tons C. ❑ barrel s D. ❑ bushel s E. ❑ square feet
F.❑ gallons G.❑ pieces or units H.❑ other, specify
9. (a) Check here if discharge occurs all year ❑ , or
(b) Check the month(s) discharge occurs:
1.13 January 2..o February ��3.❑March 4.0Apri1 5."ay 6,p1j"ne
7.Vuly 8.G4ugust 9.W,September 10. ' ctober 11.❑November 12.0 December
(c) Check how many days per week: 1.11 1 2.o2-3 3.❑ 4-5 4.0,K7
10. Types of waste water discharged to surface waters only (check as applicable)
11. If any of the three types of waste identified in item 10, either treated o� untreated,
are discharged to places other than surface waters, check below as applicable.
Waste water is
discharged to:
Average flow, gallons per operating day
Volume treated before
1000-4999
(2)
F low, gallons per operating day
discharging (percent)
Discharge per
operating day
0.1-999
1000-4999
5000=9999
10,000-
50,000-
None
0.1-
30-
65-
95-
D. Evaporation lagoon or pond
49,999
or more
29.9
64.9
94.9
100
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
A, Sanitary, daily
average
B. Cooling water,-etc.--
ater,_etc._daily
dailyaverage
C. Process water,
/
daily average
6�
). Maximum per operat-
ing day for total
discharge (all types)
11. If any of the three types of waste identified in item 10, either treated o� untreated,
are discharged to places other than surface waters, check below as applicable.
Waste water is
discharged to:
Average flow, gallons per operating day
0.1-999
(1)
1000-4999
(2)
5000-9999 10,000-49,999 50,000 or more
(3) (4) (5)
A. Municipal sewer system
/
B. Underground well
C. Septic tank
D. Evaporation lagoon or pond
E. Other, specify
12. Number of separate discharge points: A
13. Name of receiving water or waters
B. ❑ 2-3 _ C. ❑ 4-5 D. ❑ 6 or more
i
14. Does your discharge contain or is it possible for your discharge to contain /
one -or more -of -the fol Iowing.substances added as a result of your operations,
activities, or processes: ammonia, cyanide, aluminum, beryl-lium,- cadmium, — —
chromium, copper, lead, mercury, nickel, selenium,.z' c, phenols, oil and
grease, and chlorine (residual). A.❑ yes B.no
I certify that I am familiar with the information contained in the application and
that to the best of my knowledge and belief such information is true, complete, and
accurate.
Printed Name f Person Signing Title ?
Date plic tion Signed- Signatu a of Applicant
North Carolina General Statute 143-215.6(b)(2) provides that: Any person wl_o-knowingly makes
any false statement representation, or certification in any application, record, report, plan,
or other document files or required to be maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, or who falsifies, tampers with,
or knowly renders inaccurate any recording or monitoring device or method required to be
operated or maintained under Article 21 or regulations of the Environmental Management Commission
implementing that Article, shall be guilty of a misdemeanor pumishable by a fine not to exceed
$10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides
a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both,
for a_ similar offense.)

North Carolina Department of Natural
Resources &Community Development
James B. H_Int, Jr., Governer How "III 11t �� �
DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Qu ,Iity Division
Mr. Ernest F. Klatt (Owner)
Box 1477
Boynton Beach, Florida 32435
Dear Mr. Klatt:
April 3, 1981
APR 8 1981
Western Re;-ional Office
Asheville, North Carolina
SUBJECT: Permit No. 6528
Ruby City Gem Mine
Non -Discharge Wastewater System
Macon County
In accordance with your application received January 8, 1981, we are for-
warding herewith Permit No. 6528, dated April 3, 1981, to Mr. Ernest F. Klatt
(Owner) for the construction and operation of the subject non -discharge type
waste treatment facilities.
This permit shall be effective from the date of issuance until April 1,
1983, 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 an adjudicatory hearing before a
hearing officer upon written demand to the Director within thirty (30) days
following receipt of this permit, identifying the specific issues to be con-
tended. Unless such demand is made, this permit shall be final and binding.
Sincerely yours,
Original Signed by,
R. S. TAYLOR
Robert F. Helms
Acting Director
Enclosures
cc: Macon County Health Department / y
Asheville Regional Supervisor �/
Mr. R. S. Taylor `1
Asheville Regional Office Manager V
P. U. [Io,, 27hS7 lialeigh, North Canrllna 2761 1
:1 n IO/r/(Ilif.1iIrn/r vy rr

- / 1
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
RALEIGH
P E R M I T
For the Discharge of Sewage, Industrial Wastes, or Other Wastes
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
Ruby City Gem Mine
Macon County
FOR THE,
construction and operation of Gem Mine wastewater'dis osal s stem consist' f
a 0.5 acre evaporation/percolation settling basin, with n, sc ar o waste
water to the surface waters of the State,
pursuant to the application received January 8, 1981, and in conformity with the
project plans, specifications, and other supporting data, subsequently filed and
approved by the Department of Natural Resources,and Community Development and
considered a part of this Permit.
This Permit shall be effective from the date of issuance until April 1, 1983,
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 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.
5. This permit shall become voidable in the event of failure of the soil to
adequately absorb the wastes, and may be rescinded unless the facilities
are installed, maintained and operated in a manner which will protect the
assigned water quality standards of the surface waters, and prevent any
contamination of the ground waters which will render them unsatisfactory for
normal use.

No. 6528
2
6. In event the facilities fail to perform satisfactorily, the Permittee shall
take such immediate corrective action as may be required by this Department.
7. Solids, sludges, or other pollutants removed or resulting from the wastewater
treatment process shall be contained and disposed of in such a manner as
to prevent any contamination of the surface or ground waters of the State.
8. Diversion or bypassing of the untreated wastewater from the settling
basin is prohibited.
Permit issued this the 3rd day of April, 1981.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT C014MISSION
Original Signed by
/L' Vit,
Robert F. Helms, Acting Director
Division of Environmental Management
By Authority of the Environmental Management
Commission
Permit No. 6528

Mr. Ernest F. Flan
Box 1477
Boynton Beach, Florida .33435
February 23,'1981
Water QUA;; DivJsi�n
MA9 3 190
SUBJECT: Ruby City Gem Mune 4'Je;te,-,� f;i f f�
Wastewater Recycle System e� na. 0,ri,c
Macon County Asheville; Nor -
Macon Carolina
Dear Mr Platt:
In a letter dated January 12, 1981, we requested additional information
concerning the subject project. As of this date, this information has not
been received.
r North Carolina Administrative Code, Title 15, Section .02089 directs
our Unit "That, if acceptable or complete plans are not resubmitted within
sixty (60) days, the application packet is to be returned to the applicant
as incomplete." Based on this requirement, your application will be return-
ed as incomplete on March 12, 1981, if the requested information has not been
received•by our office on or before this date.
Upon determination that the submitted project documents are acceptable
or.complete, a detailed engineering review will be conducted by the Engineer-
Ing Unit'Staff. Based on the requirements of the aforementioned administrative
code,-proefh"ing of the project will be completed within ninety. (90) days from
the date the project is determined to be complete.
If questions arise.concernino the requirements mentioned in this letter,
'.; please call the Engineering Unit at this number 919/733-5181.
Sincerely,
W. Lee.Fleming, Jr., Supervisor
Engineering Review Unit
cc: Mr. Roy Davis r
WLF/mcb

VNT. REQUIREMENTS
Change in Discharge
PART II
Page of
Permit No. NC
All discharges authorized herein shall be consistent with the terms and
conditions of this: permit. The discharge of any pollutant identified
in this permit more frequently than or ata level. in excess of that
authorized shall constitute a violation of the permit. Any -anticipated
facility expansions, production increases, or process modifications which
will result.in new, different., or increased discharges of pollutants must
be reported by submission of a new NPDES application,or, if such.changes
will not violate the effluent limitations specified in this permit, by
notice to the DEM of such changes. Following such notice, the -permit.
may be modified to specify and limit any pollutants not previously -limited.
2. .Non compliance Notification -
If, for any reason, the permittee does not comply with or will be unable.
to comply with any effluent limitation specified.in this permit, the per-
mittee shall provide the Division of Environmental _.Management with the
following information, in writing, within five (5).days of becoming aware
of.such condition:
A., A description of the discharge and cause of noncompliance; and
b.' The period of noncompliance, including exact dates and .times; or,
:if not corrected; the anticipated time the noncompliance is expected
to continue, and steps being taken to reduce, eliminate and prevent
recurrence of the noncomplying discharge.
3. 'Facilities Operation
The permittee shall at all times maintain in good working order and
operate as efficiently as possible all treatment or control facilities
or systems installed or used by the permittee to achieve compliance with
the terms and conditions of this permit..
4. Adverse Impact
The permittee shall take all. reasonable steps to minimize any adverse
impact -to navigable waters resulting from noncompliance with any effluent
limitations specified in this permit, including such accelerated.or,
additional monitoring as necessary to determine the nature and impact of
the noncomplying discharge.
5. Bypassing
Any diversion from or bypass of.facilities necessary to maintain compliance
with the terms and conditions of this permit is prohibited, except (i) where
M8'&I7

IM
PART II
Page of
Permit No. NC
unavoidable to prevent loss of life or severe property damage, or
(ii) where excessive storm drainage or runoff would damage any .
facilities necessary for compliance with -the effluent limitations
and.prohibitions of this permit. The permittee shall promptly
notify the Water Quality Section of DEM.in writing of each such
diversion or bypass.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed .in the
course of treatment or control of wastewaters shall be disposed of in
a manner such as to prevent any pollutant from such materials from
entering waters of the State.
7. Power Failures
In order to maintain compliance with the effluent limitations and
prohibitions of this permit, the permittee shall either:
a. In accordance with the Schedule of Compliance contained in' -Part I,
-provide an alternative power source sufficient to operate the waste-
water control facilities; _
or,if such alternative power source is not in existence, and.no date for
its implementation appears in Part I,
b.' Halt, reduce or otherwise control production and/or all.discharges
from wastewater control facilities upon the reduction,. loss, or
failure.of the primary source of power to said wastewater control,
facilities.
8. Onshore or Offshore Construction
This permit does not authorize or approve th-e construction -of any onshore -
or offshore physical structures or facilities or the undertaking of any
work in any navigable waters
0

PART TI
Page of
Permit No. NC
B. RESPONSIBILITIES
1.'. Right of, Entry
The permittee shall allow the Director of the Division of Environmental
Management,'the Regional Administrator, and/or their authorized represen-'
tatives, upon the presentations of credentials:.
a. The enter upon the permittee's premises where an effluent.source is
located or in which any records are required to be kept under the
terms and conditions of this permit; and
b: At reasonable times to have access to and copy any records required
to be kept under the terms and conditions of this permit; to inspect
any monitoring equipment or monitoring method required in this permit;
and. to sample any discharge of pollutants.
2. Transfer of Ownership or Control
This permit is not transferable.. In the event of any change in control
or ownership of facilities from which the. authorized discharge emanates
or is contemplated, the permittee shall notify the prospective owner or
controller by letter of the existence of this permit.and of the need to
obtain a permit in the name of the prospective owner. A copy of the
letter shall be forwarded to the Division of Environmental Management.
_3. Availability of Reports
Except for data determined to be confidential under N. C..G. S. 143-215._
3(a)(2) or Section 308 of the Federal Act, all reports prepared in accord-
.ance with the terms shall be available for public.inspection at the offices
of the Division of Environmental Management. As required by the Act,
effluent data shall not be considered confidential. Knowingly making any
false statement on any.such report may result in the imposition of criminal
penalties as provided for in N. C. G. S. 143-215.6(b)(2) or in Section
309 of the Federal Act.
4. Permit Modification
After notice and opportunity for a hearing pursuant to N. C. G. S. 143-
215.1(b)(2) and G. S. 143-215.1(e) respectively, this permit may be
modified, suspended, or revoked in whole or in part during its term for
cause including, but not limited to, the following:
a. Violation of any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation or failure to disclose
fully all relevant facts;.or
c. A change in any condition that requires either a temporary or
permanent reduction or elimination of the authorized discharge.
M10&I9

5. Toxic.PolIutants
Notwithstand.ing.Part II,'B-4 above, if,a toxic effluent standard or
prohibition (including any schedule of compliance specified in such
effluent standard.o r prohibition) is established under. Section 307(a)
of .the Act for a toxic pollutant which is present in the discharge and
such standard or prohibition is more stringent than any limitation for
such.pollutant in this permit, this permit shall be revised or.modified
in accordance with the.toxic effluent standard or prohibition and the
permittee so notified.
6. Civil and Criminal Liability
Except as provided in permit conditons on "Bypassing (Part II, A-5)
and "Power -Failures" (Part. II, A-7); nothing in this permit shall be
construed to relieve the permittee from civil or criminal penalties
for noncompliance pursuant to N.,C. G. S.,.143-215.6 or Section 309 of
the 'Federal Act.
7. Oil and Hazardous Substance Liability
No in this permit shall be construed to preclude the institution
of any legal action or relieve the permittee from any.responsibili.ties,
..liabilities, or penalties to which the permittee is or may be subject
under N. C. G. S. 143-215. 75 et seq, or Section 311..of_the Federal Act.
8. Property Rights
The issuance of this permit does' not convey any property rights in' -either
real or personal property, or any exclusive privileges, nor.does it author=
ize any injury to private property or any invasion of personal rights, nor
any infringement of Federal State of local laws or regulations.
9.
Severability
The provisions .of this permit are severable;,and if any provision of this
permit, or. the application of any provision of this permit to any circum-
stance, is held invalid, the application of such provision to other cir-
cumstances, and -the remainder of this permit shall not be affected thereby.

PART II
Page of
Permit No NC
10.. Expiration. of Permit
Permittee'is not authorized to discharge after the expiration date.
In order to.receive authorization to discharge beyond the expiration
date, the permittee shall submit- such information --forms, and fees as
are required-by the agency authorized to issue permits no later than 180
days prior to the expiration date.

B. 'Previous Permits
PAf I I.
Page of
Permit No. NC
All previous State water quality permits issued to this facility,
whether for construction or operation or discharge, -are hereby revoked
by issuance of this permit. Rece.ipt,of,the permit constitutes notice of
such action. .The conditions, requirements, terms, and.provisions of this
permit authorizing discharge under the National Pollutant Discharge Elimi-
nation System governs discharges from this facility..
C. Construction
No construction of wastewater treatment facilities or additions
thereto shall be begun until Final Plans and Specifications have been
submitted to the Division of Environmental Management and written approval
and Authorization to Construct has been .issued. If no objections to Final
Plans and Specifications has been made by the DEM after 30 days following
receipt of the plans, the plans may be considered approved and construction
authorized. '
D. Certified Operator OT APPLIMLE
Pursuant to Chapter 90A of North Carolina General Statutes, the
permittee shall employ a certified wastewater treatment plant operator in
responsible charge of the wastewater treatment facilities. Such operator
must hold a certification of the grade equivalent to the classification
assigned to the wastewater treatment facilities.
M1.5&I 12

rmit No-.. NC 0028851.
STATE OF NORTH. CAROLINA`
DEPARTMENT OF,NATURAL AND ECONOMIC RESOURCES
D.IVISI0N OF ENVIRONMENTAL,.MANAGEMENT'
RM
To Discharge Wastewater Under The NATIONAL
POLLUTANT DISCHARGE ELIMINATI.ON.SYSTEM
In. compliance with the-provisions-of North. Carolina.General'.Statute
143-215.1, other lawful standards and regulations, promulgated.and,adop ed
by the,North Carolina Environmental Management.,Commission.,.and the-Fed'ral:
Water Pollution Control.Act, as amended'.;
Gem City Mine
is .hereby authorized-to discharge wastewater from a facility1°ocated at.-,
Gem Ci ty Mine Inorganic Sol i ds Settling Basi ns
Macon County, North Carolina
to receiving waters unnamed tributary 'to'Rabbit.Creek--i'n the Little_Tennessee
River Basin
in accordance with effluent Iimitations,.monitoring requirements, and other-
conditions set forth in Parts I, II, and II.I hereof:
This permi t shall become. effective .
This,permit and the authorization .to discharge shall expi4-e at :midn.ight ,
on June 30, 1981.
Signed this the day of
W. E. Kni-ght, Acting Director
Division of Environmental Management
Bir .Authority of the Envi r: onn enta7.
Management-, Cbmmi°ssion
M1 &.I 1'

,Page_.; of ,.
Perm it_No.- NC 0028851
SUPPLEMENT T0: "PERMTT COVER `SHEET
06m City `Mi ne.::
i:s�hereby au.thori:zed to. O nclude.only.-appropriate items-
. -Enter into, a contract for construction of- fa.cili.ties, required -:to
comply: w.i, the the condi tions.. o.f tni s; Permit.
2..
Make an outlet into M/A :
3.
Construct and operate a wasteviater-treatment facility consisting. of
inorganic solids settling. basin as.necessary,to comp9y w:i h the.effluoht
`l imi ts.-: containedas a: part -of this 'Permit
l ocated at Gem -City Mine Inorganic $01 i_ds.: Sett:l i:nq Basins
:,subject° to Part -HI9 condition- No.. G of this Permit=,: and.
4..,
Discharge from'sa'id:treatment works into: -an unnamed.,tr.ibutary to..Rab:bit
w iceh:.is ciassifi.ed Class C_Trout ,
M: 2 & I .2...

e
A. ( ). EFFLUENT LIMITATIONS AND MONITORING
REQUIREMENTS
During the period beginning
March 31, 1976
and lasting until June 3.0, 1981
Permittee is authorized -to discharge
from outfall(s)
serial number(s) 001 (Total site Discharge)
discharges shall be limited and
monitored by the permittee as specified below.;
affluent Characteristics. Discharge Limitations
Monitoring Reguirements
kg/day( lbs/da
Other Units
(Specify) Measurement. Sample
Sample
Daily Avg. Daily Max.
Daily Avg..
Daily Max. Frequency Type
Location
Flow M3 /Day (MGD) _-. --
189 (0.05)
389.(0.05) --
-
Total Suspended Residue 1.0 (2.3) 2.1 (4.6)
55 mg/l
110 mg/l -- --
-
Settleable Solids -- --.
0.1 mg/1
0.1 mg/.l -- --
-
This wastewater discharge shall not increase the
turbidity.of the receiving
stream by an amount greater than 10 JTU
' a=fter complete mixing.
The pH shall not be less than
6.0 standard units
nor greater than 9.0 standard units..
ID
c:>
n -as
C,
CO
There shall be 'no disc'- ge of
floating solids 6r visi`-'^ foam in other than trace amounts.
z

STAB' REPORT. ADM' RECO IjAT ONS

0
Mr. Ernest F. Platt
Box 1477
Boynton Beach, Florida 33435
SUBJECT: Ruby City Gem Mine
Wastewater Recycle System
Macon County
'? TF3Y CT TY GEM M1N L
ON COUNTY
February -29, 1981
Water Quaiity Division
MAR 3 1981
Western , ion2l Of,=io,e
Asheville, North C_-rolina
Dear Mr. Platt:
In a letter dated January -12, 1981, we requested additional information
concerning the subject project. As of this date, this information has not
been received.
North Carolina Administrative Code, Title 15, Section .0208, directs'
our Unit "That, if acceptabld'or complete plans are'not'resubmitted within
sixty (60) days, the application packet is to be returned to the applicant
as incomplete." Based on this requirement, your application will be return-
ed as incomplete on March.12, 1981, if the requested information has not been
received by our office on or before this date.
Upon determination that the submitted project documents are acceptable
or complete, a detailed engineering review will be conducted by the Engineer-
ing Unit Staff. Based on the requirements of the aforementioned administrative
code, processing of the project will be completed within ninety (90) days from
the date the project is determined to be complete..
t, If questions arise concerning the requirements mentioned in this letter,
please call the Engineering Unit at this number 919/733-5181.
Sincerely,'
W. Lee Fleming, Jr., Supervisor
Engineering Review Unit
cc: Mr. Roy Davis
WLF/mcb.
�9�

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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
rMENT OF ENVIRONMENT, HEALTH 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
Gem City Mine
Macon County
FOR THE
operation of a wastewater recycle facility consisting of a 216,000 gallon primary settling pond, a
337,500 gallon secondary settling/polishing pond, and a 2 hp recycle pump, and all the associated
piping, valves, and appurtenances to serve Gem City Mine with no discharge of wastes to the
surface waters, pursuant to the application received July 16, 1990 and in conformity with the
project plan, specifications, and' other supportingdata 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 December 31, 1995, and shall
be subject to the following specified conditions and limitations:
This permit shall becomevoidable 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.
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.
6. The Asheville Regional Office, phone no. [phone], shall be notified at least
forty-eight (48) hours in advance of operation of the installed facilities so that an in-place
inspection can be made. 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.

2�-
� 6 RECEIVED
Water Quality Section
JAN 1 1 1991
,Asheville Regional Office
State of North Carolina Asheville, 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
January 10, 1991
Mr. Ernest Klatt, Manager
Gem City Mine
44 East Main Street
Franklin, North Carolina 28734
George T. Everett, Ph.D.
Director
Subject: Permit No. WQ0003861
Gem City Mine
Recycle System
Macon County
Dear Mr. Klatt:
In accordance with your application received July 16, 1990, we are forwarding herewith
Permit No. WQ0003861, dated January 10, 1991, to Gem City Mine for the operation of a
wastewater recycle facility
This pernut shall be effective from the date of issuance until December 31, 1995, 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.
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 binding.
One set of approved plans and specifications is being forwarded to you. If you need
additional information concerning this matter, p se contact Mr. Mark Hawes at 919/ 733-5083.
inc ely,
eorge T. Everett
cc: Macon County Health Department 6\
Ashev_iile�_Reg><onal'Oftice)
Ernest L. Hyde, P.E.
Groundwater Section
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

S AND ENG:' JERRING UNIT
QUALITY SECTION
DATE: April 26, 1995
NON -DISCHARGE STAFF REPORT AND RECOMMENDATION
COUNTY Macon
PERMIT NUMBER WQ0003861
PART I - GENERAL INFORMATION
1. Facility and Address:--- Gem City Mine
44 East Main Street
Franklin, N. C. 28734
2. Date of Investigation: April 25, 1995
3.
4.
Report Prepared By: W. E. Anderson K
Persons Contacted and Telephone Number: Ernest Klatt
704-524-3967
11
5. Directions to Site: From the intersection of US Hwy 23/441
and NCSR 1504 east of Franklin, travel west on US Hwy 23/441
approximately 0.1 mile to Gem City Mine on the left.
6. Size (land available for expansion and upgrading): N/A
7. Topography (relationship to 100 year flood plain included):
Relatively flat, above 100 year flood
Attach a U.S.G.S. map extract and indicate facility site.
U.S.G.S. Quad No.167-NE(G5NE) U.S:G.S. Quad Name. Corbin Knob_
8.' Location of nearest dwelling and water supply well: N/A
9. Watershed Stream Basin Information:
a. Watershed Classification: N/A
b. River Basin and Subbasin No.: Little Tennessee 040401
c. Distance to surface water from disposal system: 6 feet

PART II - DESCRIP911 -9 OF DISCHARGE AND TREATM�- i WORKS
1.
Type of wastewater, sludge or contaminated soil:
Domestic
100 % Industrial
a. Volume: 0.010 MGD (Design Capacity)
b. Types and quantities of industrial wastewater: 10,000 gallons
per day of muddy water from a tourist' gem mining recycle
system.
C. Prevalent toxic constituents in wastewater: None
d. Pretreatment Program (POTWs only): N/A
in development approved
should be required not needed
2. Production rates (industrial discharges only) in pounds per day:
a. Highest month in the past 12 months: N/A lbs/day
b. Highest year in the past 5 years: N/A
3. Description of industrial process (for industries only) and
applicable CFR Part and Subpart: N/A
4. Type -of treatment (specify whether proposed or existing): Existing
tourist gem minining recycle system
5. Sludge handling and disposal scheme: Mud not to enter the surface
waters
6. Treatment plant classification: Less than 5 points; no rating
(include rating sheet, if appropriate). no rating
7. SIC Code(s): 7999
Wastewater Code(s): Primary: 44 Secondary:

OTHER PERTINENT INFORMATION
s facility being constructed with Construction Grant funds
(municipals only)? N/A
2. Special monitoring requests:None
3. Other:
PART IV - EVALUATION AND RECOMMENDATIONS
This is a request for renewal without modification. If the
facility has a mining permit, it might be appropriately covered by
a general permit, otherwise, renewal of the existing permit is
recommended.
0. C!2 1�2�
Signature of Report Preparer
ater Quality Regional Supervisor
Date

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 18, 1995
MR ERNEST A. KLATT
GEM CITY MINE
44 E. MAIN STREET
FRANKLIN, NORTH CAROLINA 28734
Dear MR KLATT: 1
Ida
11DEHNFi
Subject. Application No. WQ0003861
Gem City Mine
Recycle Facility
Macon County
The Division's Permits and Engineering Unit acknowledges receipt of your permit application and
supporting materials on April 10, 1995. This application has been assigned the number listed above.
PLEASE REFER TO THE ABOVE WATER QUALITY NUMBER WHEN MAKING INQUIRES
ON THIS PROJECT.
Your project has been assigned to Michael Allen for a detailed engineering review. Should there.be any
questions concerning your project, the reviewer will contact you with an additional information letter.
Be aware that the Division's regional office, copied below, must provide recommendations from -the
Regional Supervisor or a Procedure Four Evaluation for this project, prior to final action by the
Division.
If you have any questions, please contact Michael Allen at [phone] extension 547. If the
engineer is unavailable, you may leave a message on their voice mail and they will respond promptly.
Please reference the above application number- when leaving a message.
cc:
W4
F sheville Regional _Office_ �?
S'cerely,
Carolyn cCaskill
Supervisor, State Engineering Review Group
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

U141 iles0111-ces
Division of Environmental Management
Non -Discharge Permit Application Form
(THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL)
RECYCLE FACILITIES
GENERAL INFORMATION:
1. Applicant's name (please specify the name of the'municipality, corporation, individual, etc.):
G04 C tnY MINE
2. Print Owners or Signing Official's name and utle (the person who is legally responsible for the facility and its coinphance):
lU_F_5 T A. K L A T -- ----
3. Mailing address: 14q E. MAINSr
City: aANSLI N State: N, C. Zip: 2V3zY
Telephone Number: (
4. Project Name (please specify the name of the facility or establislirnem - should be consistent on all documents included:
Cr 1y1 �rK M l NE
5. Location of Recycle Facility (Sveet Address): Zy i j, Ud RTti ON U151 �q l 6?<
City: --F—KMk --F—KML1 _ State: , Zip: 973q
6. Contact person who can answer questions about application: '
rRNEST A. k!�LA ! 1 n / '7
Name: E -F7— Telephone number: (�-;X�_) - 3 l 6 /
7. Latitude: ; Longitude: _ of recycle facility location ' :a_
8. Application Date:
9. Fee Submitted: $ 200 • [The permit processing fee should be as specified in 15A NCAC 2H .0205(c:)(5) -f,
10. County where project is located: M ACON
II. PERMIT INFORMATION: // pp
1. Application No. (will be completed by DEM): ___ -Q(.) 03 b to
2. Specify whether project is: new; renewal`; modification
* For renewals, complete only sections I, 11, and applicant signature (on page 6). Submit only pages 1 and 6 (original and
three copies of each). Engineer's signature not required for renewal without other modifications.
3. If this application is being submitted as a result of a renewal or modification to an exristing permit, list the existing permit
number WO 000 � U o l and its' issue date I Ito I q1
4. Specify whether the; applicant is public or V_ private.
FORM: RF ()6/94 Page 1 of 6

Discharges without a permit are subject to the enforcement authority of the Division of
Water Quality.
If you are;dissatisfied with this decision, you have the right to request an administrative
hearing within thirty (30) days following receipt of this Notice, identifying the specific issues to
be contended. This request must 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, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447. Unless such request
for hearing is made or payment is received, revocation shall be final and binding. If you have any
questions, please contact:
Mr. Roy Davis, Asheville Regional Supervisor, [phone]
Sincerely,
1
A. Preston Howard, Jr.
cc: Supervisor, Water Quality Permits and Engineering Unit
Asheville Regional Office
County Health Department

of North Carolina
epartment of Environment,WA
Health and Natural Resources ` •
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 2f
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ERNEST A. KLATT
GEM CITY MINE -GEM CITY MINE 4
44 E. MAIN ST.
FRANKLIN, NC 28734
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON-PAYMENT
WATER QUALITY PERMIT NO. WQ0003861
GEM -CITY MINE -GEM CITY MINE 4
MACON COUNTY
Dear Permittee:
Payment of the required annual administering and compliance
monitoring fee of $225.00 for this year'has not been received for the
subject permit. This fee is required by -Title 15 North Carolina
Administrative Code 2H .0205, under the authority of North Carolina
General Statutes 143-215.3(a)(1), (la) and (lb). Because this fee was
not fully paid within 30 days after being billed, this letter initiates
action to revoke the subject: permit, pursuant to 15 NCAC 2H .0205(c)(4),
and G.S. 143-215.1(b)(3).
Effective 60 days from receipt of this notice, subject permit is
hereby revoked unless the required Annual [administering and Compliance
Monitoring Fee is received within that time. Your payment should be
sent to:
N.C. Department of Environment, Health, and Natural Resources
Division of Water Quality
Budget Office
P.O. Box 29535
Raleigh, NC 27626-0535
RO. Box 29535, fowl FAX 919-..733-2496 .
Raleigh, North Carolina 27626-0535 N�� An Equal Opportunity/Affirmative Action Employer
Telephone [phone]/o recycles/ 10% post -consumer paper

. 41. E. Knight
Acting Director
f31� George W. Little, Secretary
160
May 5, 1976 ' : , V/cicr� 'ii, Diiis;�n
Ivi;`i`
Ernest Klatt 1 rem e ;� f;, ._.
M r. Neg;orre oAsheville _c)o
Ruby City Gems and M i nera 1 s , P th
Franklin; North Carolina 28734
�� Subject: Permit No. NCO028851.
,`l` �� Gem City Mine
Ci ,�` `tkp ,, Macon County
Dear Mr. Klatt:
In accordance with:your application for discharge Permit received'
September,2, 1975, we are forwarding herewith the subject State - NPDES
Permit. This Permit is issued pursuant to the requirements of North
Carolina General Statutes 143-215.1 and the Memorandum of Agreement between
North Carolina and the U. S. Environmental Protection Agency dated
October. 19, 1975•
If any parts, requirements, or limitations contained in .this Permit .
are unacceptable,to..you, you have'the right to an adjudicatory hearing
before a hearing officer upon'written demand to the Director within 30 days
following receipt of -this Permitt identifying the specific issues. to be
contended. Unless such demand is made, this Permit shall be final and
binding:
Please take notice that this Permi'.t.is not transferable. Parte 11, 8.2.
addresses the requirements to be.fol.lowed in case of change, -in ownership or
control of this discharge.
This Permit does not affect the legal requirement to obtain other Permits
which may be required by the Division of-Environmental.Management. If. you '
have. any questions .concernl.ng. thi's Permit, please 'contact, us. `
cc:tern :'Field Office`
Mr. George Harlow.,. -EPA-

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ate of North Caroiina
partment of Environment,
Health and Natural Resources
P!,De
ivision of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ERNEST A. KLATT
GEM CITY MINE -GEM CITY MINE 4
44 E. MAIN ST.
FRANKLIN, NC 28734
ME
IDEHNFl,
April 24, 1995
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON-PAYMENT
WATER QUALITY PERMIT NO. WQ0003861
GEM CITY MINE -GEM CITY MINE 4
MACON COUNTY
Dear Permittee:
Payment of the required annual administering and compliance
monitoring fee of $225.00 for this year has not been -received for the
subject permit. This fee is required by Title 15 North Carolina
Administrative Code 2H .0205, under the authority of North Carolina
General Statutes 143-215.3(a)(1), (la) and (lb). Because this fee was
not fully paid within 30 days after being billed, this letter initiates
action to revoke the subject permit, pursuant to 15 NCAC 2H ..0205(c)(4),
and G.S. 143-215.1(b)(3).
Effective 60 days from receipt of this notice, subject permit is
hereby revoked unless the required Annual Administering and Compliance
Monitoring Fee is received within that time. Your payment should be
sent to:
N.C. Department of Environment, Health,
Division of Environmental Management
Budget Office
P.O. Box 29535
Raleigh, NC 27626-0535
and Natural Resources
y dr C S-`�c�i,
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Construction or operation of a wastewater treatment system without
a permit is subject to the enforcement authority of the Division of
Environmental Management.
If'you are dissatisfied with this decision, you have the right to
request an administrative hearing within thirty (30) days following _
receipt of this Notice, identifying the specific issues to be
contended. This request must 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_, Post Office Drawer
27447, Raleigh, North Carolina, 27611-7447. Unless such request for
hearing is made or payment is received, revocation shall be final and
binding. If you have any questions, please contact:
Mr. Roy Davis, Asheville Regional Supervisor, [phone].
Sincerely,
AA.Prg�q
cc: Supervisor, Water Quality Permits and Engineering Unit"
Asheville Regional Office
County Health Department

svurc;es
Water Quality
Ps B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
4
...`NCDENR.,
NORTH 'CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
�_._�>•= 4/22/99
li P17
CERTIFIED MAIL
RETURN RECEIPT REQUESTED APR � : .
' 6199 � a
ERNEST A. KLATT _ •-.�
GEM CITY MINE -GEM CITY MINE �SIyATE,q f �
44 E. MAIN ST. ILC E
P""I i
FRANKLIN NC 28734 "�z•����1 _ ,
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON PAYMENT
PERMIT NUMBER W00003861
GEM CITY MINE -GEM CITY MINE .
MACON COUNTY
Dear Permiftee:
Payment of the required annual administering and compliance monitoring fee' of $300.00 for this year has, not
been received for the subject permit. This fee is required by Title 15 North Carolina Administrative Code 2H.0105, under
the authority of North Carolina General Statutes 143-215.3(a)(1), (1a)'and (1 b). Because this fee was not fully paid within
30 days after being billed, this letter initiates action.to. revoke the subject permit, pursuant to 15 ncac 2H.01 05(b) (2) (k)
(4), and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, subject permit is. hereby revoked unless the required Annual
Administering and Compliance Monitoring Fee is received within that time. Discharges without a permit are subject to the
enforcement authority of the' Division of Water Quality. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
P.O. Box 29535
Raleigh, NC 27626-0535
If you are dissatisfied with this decision, you have the right to request an administrative hearing within Thirty (30)
days following recipt of this notice, identifying the specific issues to be contended. This request must 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, Post Office Drawer 27447, Raleigh, North Carolina, 2761.1-7447. Unless such request for hearing is made or
payments received,_ revocation shall be final and binding. If you.have any questions, please contact:
Mr. Forrest Westall, Asheville Water Quality Regional Supervisor, (70 4) 251-6208.
erely,
6
Kerr T. Stevens
cc: Supevisor, Water Quality Permits and Engineering Unit
Asheville Regional Office
County Health Department
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An. Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper

Vate North Carolina
Department of Environment,
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., .P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ERNEST A. KLATT
GEM CITY MINE -GEM CITY MINE 4
44 E. MAIN ST.
FRANKLIN, NC 28734
Aa4
DENPt
April 30, 1998
l W
/998
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON-PAYMENT
NPDES PERMIT NO. WQ0003861
GEM CITY MINE -GEM CITY MINE 4
MACON
Dear Permittee:
Payment of the required annual administering and compliance monitoring fee of $300.00
for this year has not been received for the subject permit. This fee is required by Title 15 North
Carolina Administrative Code 2H .0 105, under the authority of North Carolina General Statutes
143-215.3(a)(1), (la) and (lb). Because this fee was not fully paid within 30 days after being
billed,.this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0105 (b)
(2) (k) (4), and G. S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the
required Annual Administering and Compliance Monitoring Fee is received within that time.
Your payment should be sent to:
N. C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office "
P. O. Box 29535
Raleigh, NC 27626-0535
P.O. Box 29535, Raleigh, North Carolina 27626-0535, Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer. paper

Construction or operation of a wastewater treatment system without
a permit is subject to the enforcement authority of the Division of
Water Quality.
If you are dissatisfied with this decision, you have the right to
request an administrative hearing within thirty (30) days following
receipt of this Notice, identifying the specific issues to be
contended. This request must 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, Post.Office Drawer
27447, Raleigh, North Carolina, 27611-7447.. Unless such request for
hearing is made or payment is received, revocation shall be final and
binding. If you have any questions, please contact:
Mr. Roy Davis, Asheville Regional Supervisor, [phone].
S' cerel.y,
A. Preston Howard, Jr.
cc: Supervisor, Water Quality Permits and'Engineering Unit
Asheville Regional Office
County Health Department

Permit. No. NC 0028351
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL AND.ECONOMIC RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
D G D M T T
To Discharge Wastewater Under The NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM
I
In compliance with the provisions of North Carolina General Statute
143-215.1, other lawful standards and regulations promulgated and adopted
by the North Carolina Environmental Management Commission, and the Federal
Water Pollution Control Act, as amended,.
Gem City Mine
is hereby authorized to discharge wastewater from a facility located at
Gem City Mine Inorganic Solids Settling Basins
Macon County; North Carolina
to receiving waters unnamed tributary to Rabbit Creek. in the Little Tennessee
River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I. II, and III hereof.
This permit shall become effective MAY 5 1976
This permit. and the authorization to discharge shall expire at_midnight
on June 30, 1981.
Signed this the 5' day of MAY 1976
Original Signed by
W. E. KNIGHT
W. E. Knight, Acting Director
Division of Environmental Management
By Authority of the Environmental
Management Commission
M1&I1

SUPPLEMENT TO PERMIT COVER SHEET
Page of
Permit No. NC 0028851
Gem City Mine
is hereby authorized to: (include only appropriate items)
1., Enter into a contract for construction of facilities required to
comply with the conditions of this Permit.
2. Make an outlet into N/A
3. Construct and operate a wastewater treatment facility consisting of
inorganic solids settling basin as necessary to comply with the effluent
limits contained as a part of this Permit
located at Gem City Mine Inorganic Solids Settling Basins
subject to Part III, condition No. C of this Permit, and
4. Discharge from said treatment works into an unnamed tributary to Rabbit
reewChich is classified Class "C -Trout".
M2&I2

During the period beginning March 31,, 1976 and lasting until June 30, 1981
permittee is authorized to discharge from outfall(s) serial number(s) 001. (Total Site Discharge)
discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
kg/day (lbs/day) Other Units (Specify) Measurement Sample Sample
Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Loca- n
Flow M3/Day (PGD) -- -- 189 (0.05) 189 (0.05.) -- -- --
Total Suspended Residue 1.0 (2.3) 2.1 (4.6) 55 mg/l 110 mg/l -- -- --
Settleable Solids -- -- 0.1 ml/l 0.1 ml/l. -- --
This wastewater discharge shall not increase the turbidity of the receiving stream by an amount greater than 10 JTU
after complete mixing.
-0-0-0
OJ
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units . o � o
0
N ct r -i
CO
There shall be no discharge of floating solids or visible foam in other than trace amounts. COn 0 0

Part I
Page of
Permit No. NC 0028851
,E OF COMPLIANCE
1. The permittee shall achieve compliance with the effluent limitations
specified for discharges in accordance with the following schedule:
N/A
2. No later than 14 calendar days following a date identified in the above
schedule of compliance, the permittee shall submit either a report of
progress or, in the case of specific actions being required by identified
dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of noncompliance, any remedial
actions taken, and the probability of meeting the next scheduled requi;lement.
M4&I4

PART I
Page of
Permit No. NC
Act used herein means the Federal Water Pollution Control Act, As Amended.
DEM used herein means the Division of Environmental Management of the
Department of Natural and Economic Resources.
"EMC" used herein means the North Carolina Environmental Management Commission..
C. MONITORING AND REPORTING
1. Representative Sampling�®
Samples and measurements ien,,,��;`;'`required herein shall be representative
of the volume and nature of then .Vored discharge.
2. Reporting
Monitoring results obtained during the previous month(s) shall be
summarized for each month and reported on a Monthly Monitoring Report
Form (DEM No. MR 1.0, 1.1, 1.2, and 1.3) postmarked no later than the 15th
day of the month following the completed reporting period. The.first
report is due on The DEM may require reporting of
additional monitoring results by written notification. Signed copies of
these, and all other reports required herein, shall be submitted to the
following address:
Division of Environmental Management
Water Quality Section
Post Office Box 27687
Raleigh, North Carolina 27611
3. Definitions
a. .The "daily average" discharge means the total discharge by weight
during a calendar month divided by the number of days in the month
that the production or commercial facility was operating. Where less
-than daily sampling is required by this permit, the daily average
discharge shall be determined by the.summation of all.the measured
daily discharges by weight divided by the number of days sampled
during the calendar month when the measurements were made.
b. -The "daily maximum" discharge means the total discharge by weight
during any calendar day.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to The EMC
regulations published pursuant to N. C. G. S. 143-215.63 et seq., The
Water and Air Quality Reporting Act, Section 304(g), of the.Federal Water
Pollution Control Act, As Amended, and Regulation 40 CFR 136.
5. Recording Results
For each measurement or sample taken pursuant to the requirements of
this permit, the permittee shall record the following information:
15

a. The exact place, date, and time of sampling;
b. The dates the analyses were performed;
c. The person(s) who performed the analyses;
d. The analytical techniques or methods used; and
e. The results of all required analyses.
6. Additional Monitoring by Permittee
PART I
Page of
Permit No..NC
If the permittee monitors any pollutant at the location(s) designated
herein more frequently than required by this permit, using approved
analytical methods as specified above, the results of such monitoring
shall be included in the calculation and reporting of the values required
in the Monthly Monitoring Report Form (DEM MR 1.02 1.1, 1.2, and 1.3).
Such increased monitoring frequency shall also be indicated. The DEM
may require more frequent monitoring or the monitoring of other pollu-
tants not required in this permit by written notification:
7. Records Retention
All records and information resulting from the monitoring activities
required by this permit including all records of analyses performed and
calibration and maintenance of instrumentation and recordings from
continuous monitoring instrumentation shall be retained by the permittee
for a minimum of three (3) years, or longer if requested by the State
Division of Environmental Management.
16