WQ0011261_AROCompleteFile_20190207

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August 19, 1996 Gr3
MICHAEL JAYNES
JAYNES, MICHAEL-LINVILLE MTN
RT. 3 BOX 294
MARION, NC 28752
SUBJECT: CERTIFICATE OF COMPLETION
PERMIT NO. WQ0011261
JAYNES, MICHAEL-LINVILLE MTN
MCDOWELL COUNTY
Dear Permittee:
On July 31, 1995 the Division of Environmental Management issued you
the subject permit. One of the conditions of the subject permit read as
follows:
Upon completion of construction and prior to operation of this permitted
facility, a certification must be received from a professional engineer
certifying that the permitted facility has been installed in accordance
with the requirements of this permit and the approved plans and
specifications. Mail certification to the Permits and Engineering Unit,
P.O. Box 29535, Raleigh, N.6., 27626-0535.
To date, our records show that no certification has been received for the
subject permit. If the permitted facility has been constructed and placed into
operation please submit the required certification immediately. Operation of
the treatment system prior to submission of the required certification is in
violation of your permit and is subject to enforcement action. If. you have any
questions, please contact your consulting engineer for this project, . If the
facility has not been constructed, please contact the Asheville Regional Office
at [phone], so that they can update their records.
V
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�r

Thank you for your prompt attention to this matter.
Sincerely,
i
Carolyn McCaskill, Supervisor
State Engineering Review Group
cc: File
Asheville Regional Office

ate of North Carolina--"
Department
arolina---
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
July 31, 1995
Michael Jaynes, Shop Owner
Route 3, Box 294
Marion, North Carolina 28752
Dear Mr. Jaynes:
Subject:
Permit No. WQ0011261
Michael Jaynes, Shop Owner
Linville Mountain Gem Shop
Recycle System
McDowell County
In accordance with your application received July 3, 1995, we are forwarding herewith Permit No.
WQ0011261, dated July 31, 1995, to Mr. Michael Jaynes for the construction and operation of the subject
recycle system.
This permit shall be effective from the date of issuance until June 30, 2000, 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: - McDowell County Health Department
"wftheville:Re Qu ty�Section
Facilities Assessment Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Sincerely,
L C
A. Prest 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
Mr. Michael Jaynes
. McDowell County
Ffel : M.i_
construction and operation of a 4,800 GPD recycle system consisting of a 50 foot flume line, a 2' x 5' x 2'
settling tank, and a 9'x 20'x 10' recycle tank with pumps, to serve Linville Mountain Gem Shop, with no
discharge of wastes to the surface waters, pursuant to the application received July 3, 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 June 30, 2000, 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 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.

The Asheville Regional Office, telephone number [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.
7. The residuals generated from these treatment facilities must be disposed in accordance with
General Statute 143-215.1 and in a manner approved by the North 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. 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.
W

18. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, telephony
[phone],as soon as possible, but in no case more than 24 hours or on Ult, 11LIAL
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.
19. 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 thirty-first day of July, 1995
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A. PrestonlHoward, Jr., P.f., Director
Division oVEnvironmental Management
By Authority of the Environmental Management Commission
Permit Number WQ0011261

GN
0'33'
10 MILS
MARION 16 MI• 4655 IV SW
SCALE 1:24000
1 0 1 MILE
1000 0 1000 20Q0 :000 4000 5000 6000 7000 FEET
1 .5 0 1 KILOMETER

SOC PRIORITY PROJECT: YES NO X
IF YES, SOC NUMBER
TO: PERMITS AND ENGINEERING UNIT
WATER QUALITY SECTION
ATTENTION -.'Michael Allen
DATE: July 17, 1995
NON -DISCHARGE STAFF REPORT AND RECOMMENDATION
COUNTY McDowell
PERMIT NUMBER WQ0011261
PART I - GENERAL INFORMATION
il
1. Facility and Address:. Linville Mountain Gem Shop
Michael Jaynes
Rt. 3, Box 294
Marion, North Carolina 28752
2. Date of Investigation: June 15, 1995
3. Report Prepared By: Michael R. Parker
4. Persons Contacted and Telephone Number: Michael Jaynes
704/756-7206
5. Directions to Site: The site is located adjacent to U. S. Highway
221 1.35 miles north._of.the intersection of U. S. Highway 221 and
NCSR 1775.
6. Size (land available for expansion and upgrading): approximately
1/4 acre.
7. Topography (relationship to 100 year flood plain included): The
site and wastewater treatment facility are not located within the
flood plain.
Attach a U.S.G.S. map extract and indicate facility site.
U.S.G.S. Quad No.. D11NW U.S.G.S. Quad Name Linville Falls,N. C.
Latitude: 350 53'.43"
Longitude: 810 56' 17"
Page 1

8.
a
Any buffer conflicts with location of nearest dwelling and W0.t�Gi
supply well? Yes No _X ' If Yes, explain:
Watershed Stream Basin Information: North Fork Catawba River
a. Watershed Classification: B -trout
b. River Basin and Subbasin No.CTB-30
C. Distance to surface water from disposal system: approximately
75 feet.
PART II - DESCRIPTION OF WASTES AND TREATMENT WORKS
1. a. Volume: ♦ 0.0048 MGD (Design Capacity)
Residuals: tons per year
b. Types and quantities of industrial wastewater:
C. Pretreatment Program (POTWs only):
in development approved
should be required not needed
2. Treatment Facilities:
a. What is the current permitted capacity of the facility?
NA
b. What is the actual treatment capacity of the current facility
(design volume) ? (0. 0048 mgd)
C. Please provide a description of existing or substantially
constructed wastewater treatment facilities:
d. Please provide a description of proposed wastewater treatment
facilities: It is proposed to construct a wastewater recycle
system consiting of two inorganic solids settling basins in
series with recycle pump. The system is to handle water
from the washing of dirt and sand from gem stones.
3. Residuals handling and utilization/disposal scheme:
a. If Residuals are being land applied, please specify DEM
Permit Number
Residual Contractor
Telephone Number
b. Residuals stabilization: PSRP PFRP OTHER
C. Landfill:
d. Other disposal/utilization scheme (Specify): Material removed
from the settling tanks will be reused in the gem mining
operation.
Page 2

:eatment plant classification (attach completed rating sheet):
No rating.
5. SIC Code(s): 1499
Wastewater Code(s) of actual wastewater, not particular facilities
i.e., non -contact cooling water discharge from a metal plating
company would be 14, not 56.
Primary: 44 Secondary:
Main Treatment Unit Code: 50000
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant funds
(municipals only)?
2. Special monitoring requests:
3. Important SOC, UOC or Compliance Schedule dates: (Please indicate)
Date
Submission of Plans and Specifications
Begin Construction
Complete Construction
4. Other Special Items:
Page 3

PART IV - EVALUATION AND RECOMMENDATIONS
The wastewater treatment facility is to serve a tourist gem mine. There will be no
discharge of wastewater to surface waters and since the waste material is primarily
dirt, rocks and water and the the wastewater treatment system is a closed loop
there should be no groundwater contamination.
We might like to obtain pump information so that we will have it on file.
It is recommended that a permit be issued.
Sig ature saf Report P eparer
Water Quality Regional Supervisor
7 �J .r
ate
Page 4

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SCALE 1:24000
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Michael Jaynes
18393 US 221 North
Marion, NC 28752
Dear Mr. Jaynes:
January 2, 2007
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
ts-t ECEOVC-D
JAN ® 31007
Asheville keg
ioroal Office
rotection
Subject: Rescission of Permit No. WQ0011261
Linville Mountain Gem Shop
Recycle System
McDowell County
Per a request made on December 18, 2006, the Division of Water Quality is rescinding the subject recycle
system permit. In accordance with NC State Administrative Code 15A NCAC 02T, effective September,
1, 2006, the recycle system at Linville Mountain Gem Shop meets the requirements of Section .1003(a) .
for systems to be deemed permitted. The recycle system at Linville Mountain Gem Shop is not required
to apply for future permit renewals or modifications provided that the facility continues to comply with
the requirements of 15A NCAC 02T .1000.
Please be advised that NC State Administrative Code 15A NCAC 02T .1003(a)' requires that a Spill
Control Plan be maintained for the Facility. The Spill Control Plan shall at a minimum addresses the
following items.
a. Contact phone numbers for 24-hour response, including weekends and holidays;
b. Contact phone number for the Division of Water,Quality Regional Office;
C. .Contact information for construction crews, contractors and/or engineers;
d. Expected response times;
e. Essential equipment list and spare parts inventory;
f. Location of clean up materials;
g. Site sanitation procedures; and
h. Post -response assessment and reporting.
If you have any questions or comments please feel free to contact Matthew Fleahman at [phone].
-Alan W. Klimek, P.E.
cc: Fran McPherson, DWQ Budget Office
(-Asheville Regional_Of ice,_Aquifer Protection Section
APS Central Files
Permit Application File WQ0011261Northcarolina
�atrrra!!y
North Carolina Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
www.ncwaterquallity.org 2728 Capital Boulevard Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
r
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Michael Jaynes
18393 US 221 North
Marion, NC 28752
Dear Mr. Jaynes:
January 2, 2007
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
ts-t ECEOVC-D
JAN ® 31007
Asheville keg
ioroal Office
rotection
Subject: Rescission of Permit No. WQ0011261
Linville Mountain Gem Shop
Recycle System
McDowell County
Per a request made on December 18, 2006, the Division of Water Quality is rescinding the subject recycle
system permit. In accordance with NC State Administrative Code 15A NCAC 02T, effective September,
1, 2006, the recycle system at Linville Mountain Gem Shop meets the requirements of Section .1003(a) .
for systems to be deemed permitted. The recycle system at Linville Mountain Gem Shop is not required
to apply for future permit renewals or modifications provided that the facility continues to comply with
the requirements of 15A NCAC 02T .1000.
Please be advised that NC State Administrative Code 15A NCAC 02T .1003(a)' requires that a Spill
Control Plan be maintained for the Facility. The Spill Control Plan shall at a minimum addresses the
following items.
a. Contact phone numbers for 24-hour response, including weekends and holidays;
b. Contact phone number for the Division of Water,Quality Regional Office;
C. .Contact information for construction crews, contractors and/or engineers;
d. Expected response times;
e. Essential equipment list and spare parts inventory;
f. Location of clean up materials;
g. Site sanitation procedures; and
h. Post -response assessment and reporting.
If you have any questions or comments please feel free to contact Matthew Fleahman at [phone].
-Alan W. Klimek, P.E.
cc: Fran McPherson, DWQ Budget Office
(-Asheville Regional_Of ice,_Aquifer Protection Section
APS Central Files
Permit Application File WQ0011261Northcarolina
�atrrra!!y
North Carolina Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
www.ncwaterquallity.org 2728 Capital Boulevard Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

FILE COPY I RECEIVED
AQUIFER PROTECTION SECTION h
APPLICATION REVIEW REQUEST FORM 2 2006
A
Date: December 20, 2006 As's^ravis.1le Rergicne, "ear
To: ® Landon Davidson, ARO -APS ❑ David May, WaRO-A S
❑ Art Barnhardt, FRO -APS ❑ Charlie Stehman, WiRO-APS
❑ Andrew Pitner, MRO -APS. ❑ Sherri Knight, WSRO-APS .
❑ Jay Zimmerman, RRO-APS
From: Matt Fleahman, PG, Land Application Unit
Telephone: [phone] Fax: [phone]
E -Mail: matthew.fleahman(a,ncmail.net
A. Permit Number: WQ0011261
B. Owner: Michael D. Jaynes
C. Facility/Operation:
❑ Proposed ® Existing ® Facility ❑ Operation
D. Application:
1. Permit Type. ❑ Animal_ ❑ Surface Irrigation . ❑ Reuse ❑ H -R Infiltration.
® Recycle ❑ I/E Lagoon ❑ GW Remediation (ND)
❑ UIC - (5QW) closed'loop water only geothermal
For Residuals: ❑ Land App. ❑ D&M ❑ Surface Disposal
❑ 503 ❑ 503 Exempt ❑ Animal
2. Project Type: ❑ New ❑ Major Mod. ❑ Minor Mod. ❑ Renewal ❑ Renewal w/ Mod.
E. Comments/Other Information: ❑ I would like to accompany you on a site visit.
Rescission Request - regional form attached
Attached, you will find all information submitted in support of the above -referenced application for your .
review, comment, and/or action. Within 30 calendar days, please take the following actions:
® Return a Completed Form APSSRR.
❑ Attach Well Construction Data Sheet.
❑ Attach Attachment B for Certification by the LAPCU.
❑ Issue an Attachment B Certification from the RO*.
* Remember that you will be responsible for coordinating site visits, reviews, as well as additional
information requests with other RO-APS representatives in order to prepare a complete Attachment B for
certification. Refer to the RPP SOP for additional detail.
When you receive this request form, please write your name and dates in the spaces below, make a copy
of this sheet, and re ��I e app ro � to Central Office -Aquifer Protection Section contact person
listed above. J %%
FORM: APSARR 02/06
Page 1 of I
Date:

Closed -Loop Recycle System
Permit Rescission Form for Deemed Permitted Systems
Information to be' -filled out by Central Office:
Facility Name: Linville Mtn. Gem Shop
Permit Number:, WQ0011261
Regional Office: ,Asheville
County: McDowell
Date Rescission Requested: 12/18/2006
Permit Expiration:
Received Original Request: Central Office [�egional Office
Form of Received Request: 0 Application 0 Letter
Information to be filled out by Region:
Please Check Appropriately:
Site Visit Performed within 6 months of rescission request: Date of Visit — o-_4cr/
•
The above referenced permitted recycle system meets the requirements of 15A NCAC 02T .1003 to
be deemed permitted.
Yes, Facility meets the requirements of 15A NCAC 02T .1003.
No, Facility does not meet the requirements of 15A NCAC 02T .1003.
Recommendation:
Rescind Permit.
Hold, pending receipt and review of additional information by Regional Office.
Deny. (If facility does not meet 15A NCAC 02T .1003, explain below).
Note: If approved, this permit will become inactive in the BIMS database and will not be billed
through the division billing system.
Comments:��5 5 G 1 SQ� �2ro rite -
kc
S rte, G. Q-- t`s�•`f� .r
Signature of
Date Certified:
Return Completed and Signed Form to the Aquifer Protection Program Section
�0 C•

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saaanosag Iejn;eM pue ;uauiilojjAUH jO ;uauljedaO
euq. oaej gljoH jo a;e;S l
' N

i
6. Name and affiliation of contact person who can answer questions about project: f�i �• �J�9��5
Email Address:72!ms -79 Ww4c , ee^
PP..RMiT TWn112MATT(1N-
1. Existing permit number Uv Q cc// / and the issuance date of O . C4
2. Existing permit type is deemed permitted by which subparagraph of Rule 15A NCAC 02T.1003 (presented
on front page of application):
® (a)(1) ❑ (a)(2) ❑ (a)(3) ❑ (a)(4)
3. Brief description of facility indicating how it meets the requirements of Rule 15A NCAC 02T .1003:
Applicant's Certification [Sig authority must be in compliance with 15A NCAC 2T .0106(b)]:
T
(signing authority name and title)
attest that this application for *fll� - Jo H EA0
(facility name)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that any discharge
of wastewater to surface waters or the land will result in an immediate enforcement action, which may include civil
penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Quality
should a condition of this permit be violated. I also 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. I further certify that the applicant or any affiliate has not been convicted of an
environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding
civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance
schedule, and do not have any overdue annual fees under Rule 2T .0105. Note: In accordance with NC General
Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or
certification in any application shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed
$10,000 as well as civil penalties up to $25,000 per violation.
Signature:yl' -( 0. A�� Date: 14 /1510/P
THE COMPLETED RESCISION REQUEST SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY t=
AQUIFER PROTECTION SECTION r7l
c�
�- _0 r
"i a.✓
By U.S. Postal Service: By Courier/Special Delivery: �
1636 MAIL SERVICE CENTER 2728 CAPITAL BOULEVARD c- n4
RALEIGH, NORTH CAROLINA 27699-1636 RALEIGH, NORTH CAROLINA 2'x`004 �
TELEPHONE NUMBER: [phone] FAX NUMBER: [phone]—
c;
FORM: RRPWRS 10-06 Page 2

FILE COPY
AQUIFER PROTECTION SECTION
APPLICATION REVIEW REQUEST FORM
Date: August 9, 2006
To: ® Landon Davidson, ARO -APS
❑ Art Barnhardt, FRO -APS
❑ Andrew Pitney, MRO -APS
❑ Jay Zimmerman, RRO-APS
From: Matt Fleahman, PG , Land Application Unit
Telephone: [phone]
E -Mail: matthew.fleahman a'ncmail.net
A. Permit Number: WQ0011261
B. Owner: Jaynes Michael
C. Facility/Operation:
❑ Proposed ® Existing
D. Application
At 0, t 1 2'C'Gs
❑ David May, WaRO-APS
❑ Charlie Stehman, WiRO-APS
❑ Sherri Knight, WSRO-APS
Fax: [phone]
.® Facility ®_ Operation
1. Permit Type: ❑ Animal ❑ Surface Irrigation .❑ Reuse ❑ H -R Infiltration: .
® Recycle ❑ VE Lagoon ❑ GW Remediation (ND) .
❑ UIC - (5QW) closed loop water only geothermal
For Residuals: ❑ Land App. ❑ D&M . ❑Surface Disposal.
❑ 503 ❑ 503 Exempt ❑ Animal
2. Project Type: ❑ New ❑ Major Mod. ❑ Minor Mod. ® Renewal ❑ Renewal w/ Mod..:
E. Comments/Other Information:. ❑ I would like to accompany you on a site visit.
Attached, 'you will find all information submitted in support of the above -referenced application for your
review, comment, and/or action. Within 30 calendar days, please take the following actions:
Return a Completed Form APSSRR.
❑ Attach Well Construction Data Sheet.
❑ Attach Attachment B for Certification by the LAPCU.
❑ Issue an Attachment B Certification from the RO*.
* Remember that you will be responsible for coordinating site visits, reviews, as well as additional
information requests with other RO-APS representatives in order to prepare'a complete Attachment B for
certification. Refer to the RPP SOP .for additional detail.
When you receive this request form, please write your name and dates in the spaces below, make a copy
of this sheet, and returnto the aropriat entral Office -Aquifer Protection Section contact person
listed above. - 2 A
FORM: APSARR 02/06
Page 1 of 1
Date: A c /X I

Michael Jaynes
911 18393 U.S. 221 N
Marion, NC 28752
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 9, 2006
Subject: Acknowledgement of Application No. WQ0011261
Jaynes Michael -Linville Mountain
Wastewater Recycling
McDowell
Dear Mr. Jaynes:
Alan W. Klimek, P.E. Director
Division of Water Quality
F_
.
AUG 11 2006
A hch ille Regional. Offic,s
r" quife PPtD'"C1iC;'9
The Aquifer Protection Section of the Division of Water Quality (Division) acknowledges receipt of your permit
application and supporting materials on July 31, 2006. This application package has been assigned the number listed
above and will be reviewed by Matthew Fleahman.
The reviewer will perform a detailed review and contact you with a request for additional information if necessary.
To ensure the maximum efficiency in processing permit applications, the Division requests your assistance in
providing a timely and complete response to any additional information requests.
Please be aware that the Division's Regional Office, copied below, must provide recommendations prior to final
action by the Division. Please also note at this time, processing permit applications can take as long as 60 - 90 days
after receipt of a complete application. To check on the status of your application, you can visit
http://h2o.enr.state.nc.us/bims/reports/reportsPermits.html.
If you have any questions, please contact Matthew Fleahman at 919-715-6173, or via e-mail at
[e-mail]. If the reviewer is unavailable, you may leave a message, and they will respond
promptly. Also note that the Division has reorganized. To review our new organizational chart, go to
http://h2o.enr.state.nc.us/documents/dwq_or cg hart.pdf.
PLEASE REFER TO THE ABOVE APPLICATION NUMBER WHEN MAKING INQUIRIES ON THIS
PROJECT.
Sincerely, �•_�=
for Kim H. Co n, P.E.
Supervisor
cc: W5h';reb�onal Office, u�,qutferProtechon Sectio.'`
Permit Application File WQ0011261
None
rthCarolina
Naturally
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: [phone]
Internet: www.ncwaterguality.org Location: 2728 Capital Boulevard Raleigh, NC 27604., Fax 1: [phone]
Fax 2: [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Customer Service: [phone]

Department of Envl<ronment and Natural -Resources
Division of Water Quality
INSTRUCTIONS FOR FORM: WWR 06-06—
(RENEWAL WITHOUT 1VIODIFICATION OF WASTEWATER NON -DISCHARGE; SYSTEMS)
For moreinformation or. for an electronic version of this form, visit the Land Application Unit (L.4 U) web site at:
'�htto://h2o.enratateaic:us/lau/rnain.html .; -
This form is for renewal without modification for all wastewater non -discharge systems : Wastewater -non -discharge
systems, include:. High Rate Infiltration Systems; Infiltration/Evaporation Lagoons; Reclaimed Water Utilization
Systems, Wastewater-Recycle-Sysfems; -Single Family Surface Irrigation Systems,•-: and:Surface.lrrigation Systems.`
This implication may not be used for renewal o Land Application of Residuals Perriiits'
CA Application Form (All: Application Packages):
0 Submit one (1) original and two (2) copies of the completed and appropriately executed application form.
Any changes made to this form will result in. the application package being returned.
..::
If the Applicantis: a':corporation or company, it mus a registered for business: with the -NC Secre"tary of".
State (http://www.secretary.state nc.us/Corporations/CSearch.aspx).
vf If the: AppIicant.is-a: partnership, sole proprietorship, trade:name,:or.d/b/a=enclose a copy_of the`certificate
fled with the register of deeds in the, county of business
X . The- application must be signed appropriately in accordance with 15A NCAC 2H .0206(b). An alternate
person thesigning offcial,.provided':that a,.deLegatioriaetter is-prov.ided�from. aperson
who meets the referenced criteria. You may dowriload-an example delegation letter from the LAU website.
Submit Ah copies of the most recently.issued existmg permit.
Additional Forms (Single Family Residence Surface Irrigation Systems Only)
✓
SOT—it one (1) original and two (2) copies of a completed and properly executed Form<SFR O&M 09/05
This Form ma be downloaded at:..http //h2o.enr.state nc us/lau/a hcations html#Sinie
y., .._:. PP.
I. GENERAL INFORMATION::.
I. Permittee's name. (Owner of the facility):' e�1a2� . D yneS
2. -Complete mailing address'of'Permittee:
4.;. Complete address of the physical location of the facility (if different from above)°'

will not be, needed)?. ; . Yes No
5.. Has, the wastewatersystem been connected to a municipal or community sewer systems R Yes No
f
Applicant's Certification ;[signing authority ,must be.m compLance with 15A:NCAC 2H 0206(b)]
V(signing authoriynmand title):
-
attestthattthis:application for. L`�"`' Ile�'►�iop`
(facility..name)
has been reviewed by me•and is accurate and "complete to the best -;of my knowledge: 41undo rstand ftdt any= discharge
of wastewater from. this non -discharge system to surface waters or the land will result in -an immediate enforcement
action,that may include civil penalties, W uncrive relief, aniUor cruriinal prosecution ' I will. make no claim against=°
the .Dvision of Wate:Qualrty should_a condition ofthis permit be violated .I also understand that>if all required
parts of this ,application package are riot coiripleted ai%d thaf'ifall-required supporting nfdrination:aft d'attaehments
are not included; this. application: package will be returned to me as incomplete. Note: In accordance with NC
General Statutes. 143-215.6A and .143-215.6B, any person who knowingly makes any false statement, representation,
or certification in any application: package shall be guilty of a Class 2 misdemeanor, which-maydriclude a -fine not to:
exceed $10,000. as well as civil penalties up to $25,000 der violation.
Q� -
Signature: �' ""°� �1 �"�`�'. Date/
FORM: WWR 06-06 Page 2

6Zu�c'c
- 71a - (00 ` 'a
I'
tIORITY PROJECT:
i, SOC NUMBER
TO: PERMITS AND ENGINEERINGUNIT
WATER QUALITY SECTION
ATTENTION: Kristin Miquez
DATE: 12/23/99
NPDES STAFF REPORT AND RECOMMENDATION
McDowell COUNTY
PERMIT NUMBER WQ0011261
Yes No
PART I - GENERAL INFORMATION
1. Facility and'Address: Linville Mountain Gem Shop
Mailing: Rt. 3, Box 294, Marion, NC 28752
2. Date of Investigation: December 23, 1999
3. Report Prepared By: Art Dutton, ARO
4. Persons Contacted and Telephone Number: Michael Jaynes
828-756-7206
5. Directions to Site: The site is located adjacent to U.S. Highway
221, 1.35 miles north of the intersection of U. S. Highway 221 and
NCSR 1775:
6. Discharge Point(s), List for all discharge points: None (recycle
system)
Latitude: 35053143" Longitude: 81056117"
Attach a USGS map extract and indicate treatment facility site and
discharge point.on map.
U.S.G.S. Quad No. D11NW U.S.G.-S. Quad Name Linville Falls, NC
7. Site size and expansion area consistent with application?
X Yes No If No, explain:
I
8. Topography (relationship to flood plain included): The site and
- wastewater treatment facility are not located within the flood
plain.
-1-

10.
ation of nearest dwelling: No conflicts with buffer to nearest
dwelling.
Receiving stream or affected surface waters:
a. Classification: C trout
b. River Basin and Subbasin No.: CTB -30
C. Describe receiving stream features and pertinent downstream
uses: No discharge to receiving stream.
PART II - 'DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of wastewater to be permitted 0.0048 MGD (Ultimate
Design Capacity)
b. What is the current permitted capacity of the Wastewater
Treatment. facility? 0.0048 MGD
C. Actual treatment capacity of the current facility (current
design capacity 0.0048 MGD .
d. Date(s) and construction activities allowed by previous
Authorizations to Construct issued in the previous two years:
N/A
e. Please provide a description of existing or substantially
constructed wastewater treatment facilities: This is a
wastewater recycle system consisting of two inorganic solids
settling basins in series with a recycle pump. The system
handles water -from the washing of dirt and sand from gem
stones.
f. Please provide a description of proposed wastewater treatment
facilities: n/a
g. Possible toxic impacts to surface waters: n/a
h. Pretreatment Program (POTWs only): n/a
in development approved
should be required not needed
2. Residuals handling and utilization/disposal scheme:
a. If residuals are being land applied, please specify DWQ Permit
Number
Residuals Contractor
Telephone Number
b. Residuals stabilization: PSRP PFRP OTHER
-2-

Landf ill:
d. Other disposal/utilization scheme.(Specify): Materials removed
from the settling tanks is reused in the gem mining operation.
3. Treatment plant classification'(attach completed rating sheet):
No rating.
4. SIC Codes(s):1499
Primary 44 Secondary
Main Treatment Unit Code: 5000
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant Funds or
are any public monies involved. (municipals only)? n/a
2. Special monitoring or limitations (including.toxicity) requests:. n/a
3. Important SOC, JOC, or Compliance.Schedule dates: (Please indicate)
Date
Submission of Plans and Specifications
Begin Construction
Complete Construction
4: Alternative Analysis Evaluation: Has the facility evaluated all of
the non -discharge options available. Please provide regional
perspective for each option evaluated. n/a
Spray Irrigation:
Connection to Regional Sewer System:
Subsurface:
Other disposal options:
5. Other Special Items: n/a.
=3 -

- EVALUATION AND RECOMMENDATIONS
The facility serves a tourist gem mine. There is no discharge from the
existing facility to surface waters.. The facility is a closed loop with
collection of inert materials in the settling basins. There should be no
surface or groundwater contamination from the continued operation of the
facility.
It is recommended that the permit be reissued.
Signature o Report Preparer
Water Quality Regional Supervisor
! z i3 q
Date
-4-

Fa
of North Carolina
rtment of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Post -it- Fax Note
MN Co./Dep
t.
RPhone # 1�SC nTuc
ll
S
It -?33 -o
Dear Mr. Jaynes:
7671 Date
From
Co.
► q
Phone # aZ_3 - Zr, -67A
9 Fax #
jwyw,A
4 00
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
ubject: Applications No. WQ0011261
Linville Mountain Gem Shop
Recycle Facilities
McDowell County
The Division's Permits and Engineering Unit acknowledges receipt of your permit application and
supporting materials on October 5, 1999. This application has been assigned the number listed above.
Your project has been assigned to Ms. Kristin Miguez for a d
be any questions concerning your project, the review will contact you 1
Be aware that the Division's Regional Office, copied below, m C�r�71 ' J
Regional Supervisor or a Procedure Four Evaluation for this project, pr .—
If you have any questions, please contact Ms. Kristin Miguez z W fir' 1
is unavailable, you may leave a message on their voice mail and they wi
PLEASE REFER TO THE ABOVE APPLICATION NUMB
THIS PROJECT. s 2 U
Sincce�erel'.I , A t T �41- -
. rr.
_Mr. Kim
Supervise
(o
cc:7A-V h'e"7-iti9 PRegional OfFee, Mat �ualityad E i s
1617 Mail Service Center, Raleigh North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of north Carolina
Department of Environment, Health and Natural l er7e v
Division of Environmental Management v4 �nRC 4( 17.sED.
ok
Non -Discharge Permit Application Fom ;��� 0
(MIS FORM MAY BE PHOWWPMD FOR USE AS AN ORIGINAL 5 1999
RECYCLE FACILITIES Non flisc�arge Permitting .
I. GENERAL INFORMATION:
1. Applicant's t (please tpet: fy the name of ttse tmwddpdity. Corporation, kaviduel, etc.}:
C'Ovl;lr'e fir. CC& SAS
2. Print owns or Sigming Officid's nave and title (the PWM Wbo is legally aegpiit)le for the feaility and its cmplia nY.
MtCOAQ_ .D• TAYYfS
3. l+:isiting edclress• 2 ° q .
Cit,: MOW State: A►'.�. yam: �87�'�
Telephone Number.
4. Pr4ect Name (please specify the same of the facility or establisbment - sbonld be consism on all documents included:
LiriYi-! fe Mfnf. GeAi Ski$
24)
5. Location of Recycle Facility (Street AddMs) .A/oet� jZt'• 3 °�
city: ���'°d� stagy: �` c . Zip:
b. Coatast persM who can answar ques.&M aboua application:
j� � Aiame: � c Nei � '��Y1��S Telepboge number: ( $2 7 -'7 2%
ATMJ Latitude: ? : Lcagitude: of =cycle facdlity locatim
B. ApplicationDate: 1
' (i efm,t' rP.ne al ^ VIo Pee rejoai4J)
Fee Sum: S Me quit pmessing foe sboutd be as speeified in 15A NCAC ?di =00.1
POP
10. County wbeae project is loge&: _ 4a
ZI. PERMIT INTFORMATION:
1. Application No. (will be completed by DEM}:
2. �sgeci v w graject is: , ww.. � =gwa w-, modiftcatiM .
qcceS
renew complew a* aeons 1, t!, and appXwat fignahm (on pe A Sint wly yds 1 and S (M*M and
,�{x4 i- I"`P ftw copies car each). Erugiaea°s sigrasttre not sequia�d orrenewal without gaff
momcafcns-
,,'r3'. V this agpli don is being su tied as a result a x modification to an existing permit, lint the existing PXmit
n=bar f 00 12(n� and its' Issue date 5
4� Specify whether the.emlicaut is ...__. public or private.

City:
amplme Address of'Engineering Firm:
Telephone Number: {
Professional Engineer's Certification:
I
State,
_ \ , attest that this application for
M
has been reviewed by me and is accurate and complete to the be`sl of my knowledge. 1 further attest that to the best of my knowlee
the proposed design has been prepared in accordance with the applicable regulations. Although certain portions of this submittal
package may have been developed by otlser proiessionals, inclusion of these materials under my signature and serfl signifies that 1
reviewed this m3tedal and bave judged it to be consistent with the proposed design.
North Carolina Professional Engineers Seal, Signature, and Date:
Applicant's Certification:
I,lAi _ Q AYrySattest that this application far
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
applicadon are not completed and that if all required supporting information and attachments are not included, this application pact
will be returned to me as incomplete. 4 -
Si?nature y` �''�'�"w Date q
THE COhll'i,ETEll APPLICATIOiN PACKAGE, INCLUDING ALI, SUPPORTING INFORMATION -Ab
MATERIALS, SHOCI,D 13E :ENT TO THE FOLLOWING ADDRESS.
NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEIMENT
WATER QUALITY SECTION
PERIMITS AND ENGINEERING UNIT
POST OFFICE BOA" 29535
RALEIGH, NORTH CAROLINA 276265-0.35
TELEPHONE NUMBER: [phone]

Fe of North Carolin, `;
apartment of Enviror-,;,,,4,4�nt,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan. B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 31, 1995
Michael Jaynes, Shop Owner
Route 3, Box 294 .
Marion, North Carolina 28752
Dear Mt. Jaynes:
9 4
�A
IML - �
F=' Fl.
Subject: Permit No. WQ0011261
Michael Jaynes, Shop Owner
Linville Mountain Gem Shop
Recycle System
McDowell County
In accordance with your application received July 3, 1995, we are forwarding herewith Permit No.
WQ0011261, dated July 31, 1995,'to Mr. Michael Jaynes for the construction and operation of the subject
recycle system.
This permit shall be effective from the date of issuance until June 30, 2000, 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 lVi chael D. Allen at
[phone] ext. 547.
Sincerely,
oa'�Zi (x!11' <<C
A. Pkestj Howard, Jrw., P.E.
cc: McDowell County Health Department
Asheville Regional Office, Water Quality Section
Facilities Assessment Unit
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

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
Mr. Michael Jaynes
McDowell County
FOR THE
construction and operation of a 4,800 GPD recycle system consisting of a 50 foot flume line, a 2' x 5' x 2'
settling tank, and a 9'x 20'x 10' recycle tank with pumps, to serve Linville Mountain Gem Shop, with no
discharge of wastes to the surface waters, pursuant to the application received July 3, 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 June 30, 2000, 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 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.

6. The Ashevill: i;egional Office, telephone number (70-, -51-6208, 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.
7. The residuals generated from these treatment facilities must be disposed in accordance with
General Statute 143-215.1 and in a manner approved by the North 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. 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.
2

I
18. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, tel(
[phone], as soon as possible, but in no case more than 24 hours
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. Anytime that self-monitoring information indicates that the facility isnot 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.
19.�. 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 thirty-first day of July, 1995
NORTH CAROLINA ENVIRONMENTAL MANA9EMENT COMMISSION
A. Preston oward, Jr., P.�., Director /
Division oVEnvironrnental Management
By Authority of the Environmental Management Commission
Permit Number WQ0011261
I

State of North Carolina t�
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MICHAEL JAYNES
JAYNES, MICHAEL-LINVILLE MTN
RT. 3 BOX 294
MARION, NC 28752
Dear Permittee:
A4
D E N
September 24, 1999
z
Subject: PERMIT NO. WQ0011261
JAYNES, MICHAEL-LINVILLE MTN
MCDOWELL COUNTY
Our files indicate that the subject permit issued on. 07/31/95 expires on 06/30/00. We have not received a
request for renewal from you as of this date.
A renewal request shall consist of a letter asking for permit renewal and four (4) copies of a completed
application. For permitted facilities with treatment works, a narrative description of the residuals management
plan, which is in effect at the permitted facility, must also be submitted with the renewal application.
Applications may be returned to the applicant if incomplete:
The General Assembly passed legislation incorporating renewal fees into the annual fee.
Please be advised that this permit must not be allowed to expire. You must submit the renewal request at
least 180 days prior to the permit's expiration date, as required by the 15 NCAC 2H .0211. Failure to request a
renewal at least 180 days prior to the permit expiration date and/or operation of a facility without a valid permit
may result in the assessment of civil penalties. NCGS 143-215.6A allows for the assessment of Civil penalties
up to $10,000 per violation per day.
The letter requesting renewal, along with the completed Non -Discharge Permit Application must be sent
to:
Division of Water Quality
Non -Discharge Permitting Unit
P. O. Box 29535
Raleigh, North Carolina 27626-0535
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

cc:
1
u have any questions concerning this matter, please contact Ms. Kimberly Young at
..83 extension 574.
Asheville Regional Office
Central Files
Sincerely,
Kim H. Colson, P.E., Supervisor
Non -Discharge Permitting Unit

MARION 16 MI. 4655 IV SW
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State of North uarolina
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
July 17, 1995
The Honorable Robert C. Hunter
N.C. House of Representatives
1201 Legislative Building
Raleigh, North Carolina 27601-1096
Dear Representative Hunter:
Thank you for your interest in addressing the concerns of your constituent, Mr. David
Jaynes of Marion, North Carolina, about the need to obtain a water quality permit for the
rock shop he is opening for his son. Your letter to Henry Lancaster, Director of Public
Affairs for the Department of Environment, Health and Natural Resources, was referred to
me for a response.
Mike Parker of the Asheville Regional Office met with Mr. Jaynes and his son on June
14, 1995, and advised them that there was a permit requirement to operate a flume line and
screening operation. He also advised them that the Division of Environmental Management
(DEM) had determined that sediment from the screening operation was in fact a pollutant
and, therefore, considered wastewater. I have enclosed the section of the state's
administrative code which includes the definitions that apply in this case and are stipulated
in G.S. 143-213 (18). The attached and referenced statute defines "other waste" as
sawdust, shavings, lime, refuse, offal, oil, tar chemicals, dissolved and suspended solids,
sediment, etc.
On June 15, 1995, Mr. Parker returned to Mr. Michael Jaynes' business and delivered
a copy of the rules (15 NCAC 2H .0200 - Waste Not Discharged to Surface Waters) and a
permit application for recycle facilities. Mr. Parker helped Mr. Jaynes complete the
application, which is the only recycle permit application the Division has for all types of
recycle systems, and marked on the application which sections would apply to his
operation.
Both Mr. Michael Jaynes and Mr. David Jaynes indicated that they did not think the
flume water should be considered wastewater, and they did not think a permit was
necessary. Mr. Parker explained the definitions and requirements for the permit and noted
that about 20 operations of this type are already under permit with DEM. On June 20,
1995, Mr. Parker mailed Mr. Michael Jaynes excerpts of the general statutes, including the
definitions, so he could see that sediments and solids are defined as pollutants.
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

I
The Honorable Robert C. Hunter
July 17, 1995
Page 2
The DEM Water Quality Section received an application for a non -discharge recycle
facility from Mr. Michael Jaynes on July 3, 1995, and it is working diligently to expedite
the permitting process for this operation. Please encourage Mr. Jaynes to contact Mr.
Parker in the Asheville Regional Office at [phone] if he has any questions or if he
needs any assistance.
Please feel free to contact me if you have any questions or if I can be of any additional
assistance.
Sincer ly,
A. Preston Howard, Jr.
APH:dgr
Enclosures
cc: Henry Lancaster
Steve Tedder
Roy Davis
4Mke&�

EUNRONMENIII��6200'
r4•
X
Further Pathogens■ or.,V.FRP*.mcans.a'rauidu:als stal;Uization'
proce 3
'rcduccs 'pathogens to u 'to
mea this
OMC PtIOCA U= that may
• rcquucment are contained in 40 CFR 257, Appendix H which is hereby ii6orp6ratcd bireference"
including 24 jilbse4uent amendments and editions." Copies of this,'publicaticn asci 'ivailable'from
the Government Institutes, Inc:,4 Research Place, Suite 200, Rockville, MD 20850-1714 for a cost
of thirty-six dollars ($36.00) each plus four dollars ($4.0Q) shipping Copies am also'
p pping and handling:
available ' for review at the Division of Environmental Management, -Archdale Building, 512 N. -
Salisbury Strict, P. 0- *Box 29535, Raleigh, North Carolini 27626-0535..-.
I-Prooms to Sigmificantly Reduce Pathogens- or "PSRP' mans a residuals itabffbati6n process that
provides* the rairdmal acceptable lever of pathogvt and vector attraction reduction prior to land
application. The proecdurcs that may be utilized to mcc; this requirement are contained in 40 CFR
257, Appendix 11 which -is hereby incorporated by'icfereace including any subsequent amendments
and editions. 'Copies of this publication are available from the Government Institutes, Inc., 4
Research Place, Suite 200, Rockville, NED 20850-1714 for a Cost of thirty-six dollars ($36.00) each
plus four doll= *($4.00) shipping and handling. Copies are also available for =viaw' at the Division
of Environmental Mamgcmcnt,' Archdale Building, -512'N. Salisbury Street, P.O. Box 29535,
Raleigh, North Carolina. 27626-0535.
(23) "Petroleum conftmlaaied soil" or "Soil containingleum products" $hall mean can any soil that has
been exposed to petroleum products because of any emission, spillage, leakage, pumping, pouring,
emptying, or dumping of petroleum products onto or beneath the land surface and that exhibits
characteristics or concentrations of typical petroleum product constituents in sufficie . at quantities as
to be detectable by compatible laboratory analytical procedures..
(24) "Petroleum product" means all petroleum products as defined by G.S. '143-215.94A(7) and includes
motor. gasoline, aviation gasoline, gasohol, let fuels, kerosene, diesel fuel, fuel oils, (#1-#6), and
motor oils (new and used).
(25) "pollutant*" means waste as defined in G.S. 143-213(13).
(26) "Private sewer" me= any part of a sewer system which collects wastewater from more than -.one
building, is privately owned and is not directly controlled by a public authority.
(27) "Professional -engincerm, means a person who. is presently registered and licensed as a professional
engmcar by the North Carolina, State Board of Registration For Professional Engine= and Land
Surveyors.
(28) -Public or community sewage sy3tCMx MWM a single system of sewage collection, treatment, or
di4msal owned and operated by a sanitary district, a metropolitan sewage; . district, a water and sewer
authority, a county, a municipality, ar.a, public utility.
(29) 'Public sewer" means a sew" located in a dedicated public street, roadway, or dedicated public
right-of-way or easement which is owned or operated by any municipality, county, water or sewer
district, or any other political subdivision of the state authorized to construct or operate a sewer
system,
(30) "Rapid infiltration system" mean- rotary distributorsystems or other similar systems that dispose of
tertiary treated waste at high surface area loading rates of greater than 1.5 gpdtfe.
(31) "Residuals" means any solid or semisolid waste, other than residues from agricultural products and
processing genctrated from a wastewater ointment facility, water supply treatment facility or air
pollution control facility permitted under r. the authority Of the EUVItOnmental'Management
Commission.,
(32) "Residues: from agricultural products. and pracessingo means solids, semi-solids or liquid residues
from food and beverage processing and handling; silvicultuM agriculture; and aquaculture Operations
permitted under the authority of the Environmental Management Commission that are non-toxic,
non -hazardous and contain no domestic wastewater.
(33) 'Sewage" means the liquid and solid human waste, and liquid . viewtic generated by domestic
water -using fixtures and appliances, from any residence, pinec of business, or place of public
assembly. Sewage does not include wastewater that is totally or partially industrial wastewater, or
any other wastewater not considered to be domestic waste..
(34) "Sewer system" mom pipelines or conduits, pumping stations, specialized mode of conveyance and
appliances apputtanant thereto, used for conducting wastes. to a point of ultimate disposal.
(35) "Soil remediation at conventional raters" maw the utilization of *oils contaWag petroleum products
NOR771 CAROLINA ADAM75TRATIVE CODE 02114194 Page 3

90 ' d -Iui01
143-212. Definitions.
Unless a different meaning is required by the context, the following definitions apply to this
Article and Articles 21A and 21B of this Chapter:
(1) "Area of the State" means a municipality, a county, a portion of a county or a municipality, or
other substantial geographic area of the State designated by the Commission.
(2) "Commission",means the North Carolina Environmental Management Commission.
(3) "Department" means the Department of Environment, Health, and Natural Resources.
(4) "Person" includes individuals, firms, partnerships, associations, institutions, corporations,
municipalities and other political subdivisions, and governmental agencies.
(5) „Secretary" means the Secretary of Environment, health, and Natural. Resources.
(6) "Waters". means any stream' river, brook, swamp, lake, sound, tidal estuary, bay, creek,
reservoir, waterway, or other body or accumulation of water, .whether surface or underground, public
or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of
this State, including any portion of the Atlantic Ocean over which the State has jurisdiction.
.(1987, c. 827, s. 152A; 1989, c. 727, s. 218(103); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1991
(Reg. Sess., 1992), c. 1028, s. 1.)
Editor's Note. - Session Laws 1989 (Reg. Sess., 1990), C. 954, effective July 18, 1990, and expiring
July 1, 1991, provides in s. 1: "Except as provided in Section 2 of this act and notwithstanding the
provisions of G.S. 153A-285, G.S. 153A-287, or any other provision of law, no entity whether public
or private, or whether acting separately or jointly may divert any of the waters of this State, as
defined in G.S. 143-212(6), from the basin of any named river to another nor institute any proceeding
in the nature of eminent domain to acquire water, water rights, or lands having water rights attached
thereto for a use that will result in waters of this State being diverted from the basin of one named
river to another."
Sections 2 and 3 of Session Laws 1989. (Reg. Sess., 1990), c. 954 describe those diversions not
affected by the prohibitions in section 1 of the act, and sections 4 to 6 relate to construction of the act.
A former 143-212 was repealed by Session Laws 1973, c. 1262, s:. 23.
Effect of Amendments. - The 1991 (Reg. Sess., 1992) amendment, effective July 24, 1992, deleted
"applicable to Article" at the end of the catchline, and substituted the present introductory paragraph
for the former which read: "The following definitions apply to this Article."
143-213. Definitions.
Unless the context otherwise requires, the following terms as used in this Article and Articles 2 1 A
and 21B of this Chapter are defined as follows:
(1) The term "air cleaning device" means any method, process or equipment which removes,
reduces, or renders less noxious air contaminants discharged into the atmosphere.
(2) The term "air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, or vapor
or any combination thereof.
(3) The term "air- contamination" means the presence in the outdoor atmosphere of one or more
air contaminants which contribute to a condition of air pollution.
(4) The term "air contamination source" means any source at, from, or by reason of which there is
emitted into the atmosphere any air contaminant.
(5) The term "air pollution" shall mean the presence in the outdoor atmosphere of one or more air
contaminants in such quantities and duration as is or tends to be injurious to human health or welfare,
to animal or plant life or to property or that interferes with the enjoyment of life or property.
(6) to (8) Repealed by Session Laws 1987, c. 827, s. 153.
(9) Whenever reference is made in this Article to the "discharge of waste," it shall be interpreted
to include discharge, spillage, leakage, pumping, placement, emptying,.or dumping into waters of the
State, or into any unified sewer system or arrangement -for sewage disposal, which system or
arrangement in turn discharges the waste into the waters of the State.
(10) The term "disposal system" means a system for disposing of waste, and including sewer
systems and treatment works.
(11) Repealed by Session Laws 1987, c. 827, s. 153.
(12) The term "emission" means a release into the outdoor atmosphere of air contaminants_

(13) The term "outlet" means the terminus of a sewer system, or the point of emergence of any
waste or the effluent therefrom, into the waters of the State.
(14) Repealed by Session Laws 1987, c, 827,,s. 153.
(15) The term "sewer system" means pipelines or conduits, pumping stations, and force mains,
and all other construction, devices, and appliances appurtenant thereto, used for conducting wastes to
a point of ultimate disposal.
(16) The term "standard" or "standards" means such measure or measures of the quality of water
and air as are established by the Commission pursuant to G.S. 143-214.1 and G.S. 143-215.
(16a) "Stormwater" means the flow of water which results from precipitation and which occurs
immediately following rainfall or a snowmelt.
(17) The term "treatment works" means any plant, septic tank disposal field, lagoon, pumping
station, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to
Sanitary landfill, or other works not specifically mentioned herein, installed for the purpose of
&eating,.equalWng, neutralizing, stabilizing orddlsposing of waste.
(18) "Waste" shall: -tnean and include the�following:
a. "Sewage," which shall mean water -carried human waste discharged, transmitted, and
collected from residences, buildings, industrial establishments, or other places into a unified
sewerage system or an arrangement for sewage disposal ora group of such sewerage arrangements or
systems, together with such ground, surface, storm, or other water as may be present.
b. "Industrial waste" shall mean any liquid, solid, gaseous, or other waste substance or a
combination thereof resulting from any process of industry, manufacture, trade or business, or from
the development of any natural resource.
c. "Other waste" means sawdust, shavings, lime, refuse, offal, oil, tar chemicals, dissolved and
suspended solids, sediment, and all other substances, except industrial waste, sewage, and toxic
chemicals which may be discharged into or placed in such proximity to the water that drainage
therefrom may reach the -water.
d. "Toxic waste" means that waste, or combinations of wastes, including disease -causing
agents, which after discharge and upon exposure, ingestion, inhalation, or assimilation into any
organism, either directly from the environment or indirectly by ingestion through food chains, will'
cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions
(including malfunctions in reproduction) or physical deformities, in such organisms or their
offspring. i
(19) The term "water pollution" means the man-made or man -induced alteration of the chemical,
physical, biological, or radiological integrity of the waters of the State, including, but specifically not
limited to, alterations resulting from the concentration or increase of natural pollutants caused by
man -related activities.
(20) Repealed by Session Laws 1987, c. 827, s. 153.
(21) The term "watershed" means a natural area of drainage, including all tributaries contributing
to the supply of at least one major waterway within the State, the specific limits of each separate
watershed to be designated by the Commission.
(22) The term "complex sources" means any facility which is or may be an air pollution source or
which will induce or tend to induce development or activities which will or may be air pollution
sources, and which shall include, but not be limited to, shopping centers; sports complexes; drive-in
theaters; parking lots and garages; residential, commercial, industrial or institutional developments;
amusement parks and recreation areas; highways; and any other facilities which will result in
increased emissions from motor vehicles or stationary sources.
(23) The term "effluent standards or limitations" means any restrictions established pursuant to
this Article on quantities, rates, characteristics and concentrations of chemical, physical, biological
and other constituents of wastes which are discharged from any pretreatment facility or from any
outlet or point source to the waters of the State.
(24) The term "point source" means any discernible, confined, and discrete conveyance,
including, but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, or concentrated animal -feeding operation from which wastes are or
may be discharged to the waters of the State.
(25) The terns "pretreatment facility" means any treatment works installed, for the purpose of
treating, equalizing, neutralizing or stabilizing waste from any source prior to discharge to any
disposal system subject to effluent standards or limitations.
(26) The term "pretreatment standards" means effluent standards or limitations applicable to
waste discharged from a pretreatment facility.

_ Please review attached and return your ammm w _ by
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Please note and advisee as appropriate
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STAiry;s`
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Fak�A 27501-1096
REPRESENTATIVE ROBERT C. (BOB) HUNTER
HOME ADDRESS: P. O. BOX 1330 June 26, 1995
MARION, N.C. 28752
704/652-2844
RALEIGH ADDRESS: ROOM 1201
LEGISLATIVE BUILDING
RALEIGH, N.C. 2760 1-1 096
919/733-5987
Mr. Henry Lancaster, Liaison
Department of Environment, Health
and Natural Resources
Archdale Building
512 North Salisbury Street
Raleigh, NC 27604-1148
Dear Henry:
J U L 5 1995
DIV OF ENVIRONMENTAL MGT
DIRECTOR'S OFFICE
NORTH CAROLINA COURTS COMMISSION
CHAIRMAN
THE COUNCIL OF STATE GOVERNMENTS
FORMER CHAIRMAN
Enclosed is a copy of a letter and supporting material which
I received.from Mr. David Jaynes, a good friend and
constituent from Marion, North Carolina.
David has written concerning a problem he is having in
starting up a new business. The main question appears to be
whether or not there is a legal requirement for a permit from
your department for this type operation and if so, why.
Based on David's letter, I do not understand why one would be
required. I would appreciate your reviewing his letter and
seeing if you can be of assistance.
With warm regards, I am
Yours truly,
Robert C. (Bob) Hunter
RCH/fs
Enclosures
cc: David Jaynes
49TH DISTRICT - MCDOWELL, YANCEY AND LINVILLE NO. 1 AND UPPER CREEK PRECINCTS OF BURKE COUNTY 1("'

Mr. David Jaynes
P.O. Box 640
Marion, NC 28752
June 20, 1995
Rep. Robert Hunter
1201 Legislative Building
Raleigh, NC 27601
Dear Mr. Hunter:
I am in the process of opening a rock shop for my son Michael. This shop
is located approximately 1/4 mile south of Linville Caverns, on Highway 221.
Michael will be cutting natural gemstones and mounting them in rings,
pendants, earrings etc. In order to draw additional customers, we have
built a flume line. This consists of water flowing down a wooden trough,
providing customers a means to wash dirt away form "potential" gemstones.
This is done by putting dirt into a 4"x12"x12' open topped, screened bottom
box and dipping it into the flowing -water.
Having said all of the above, I will tell you my problem.
A gentleman from the North Carolina Department of Environment, Health
and Natural Resources stopped by (having seen the flume line while traveling
up 221) and said we would need a permit from his department in order to
open the shop. He left us a permit application. Directions in the application
as well as in the pamplet explaining the application do not apply to this type
of facility. The application is for waste recycling.
There is no waste involved in this process. Water is pumped from our well into
a large tank-gothing goes into any stream or onto the ground. Everything is
self-contained. It is very similar to a swimming pool slide. The dirt is also
reused. (See drawing)
Bob, I can see no relavance to the operation of a recreational, self-contained
flume line of this type and any kind of adverse environmental situation..
Nothing is taken from the ground or streams and nothing is allowed to go into
the ground or into a stream. I welcome anyone to check the shop for any problems
that could possibly be considered as environmentaly unsound.
The application and regulations that we received were prepared for sewer
systems, disposal of farm animal waste etc. This is a recreational, non -industrial,.
non-comerical, non -waste water, non-domestic, non -applicable activity.
The application requires that we sign a statement of truth to the best of
our ability etc. However, the state Environmental Representative took the
liberty of inserting information into some of the fill in spaces which would
lead the reader to believe something that is not applicable.(See copy of application,

Bob, I don't want you to spend a lot of time on this but I feel we
are being inaccurately included in their regulation.as it now exists.
Nothing applies. I would like to have a copy of a relevant regulation.
(See the attached copy from the pamplet we received) indicating activities
requiring permits. I cannot help but feel that this man is -trying to
justify his employment.
Thank you for your assistance in this matter.
Sincerely,
David Jaynes

&�1 �r`jW -

t

EHNR - EA7VIR0NML-_ AL AfANAGEMENT T15A: 02H .0200
by land application methods, at an evenly distributed, thickness not to exceed six inches.
(36) "Soil remediation at minimum rates" means the treatment of soils containing petroleum products by
land application methods, at an evenly distributed application thickness not to exceed an average of
one inch.
(37) "Soil scientist" means as individual who is a Certified Professional in Soils through the NCRCPS
(N.C. Registry of Certified Professionals in Soils) or a Certified Professional Soil Scientist or Soil
Specialist by ARCPACS (American Registry of Certified Professionals in Agronomy, Crops and
Soils) or a Registered Professional Soil Scientist by NSCSS (the National Society of Consulting Soil
Scientist) or can provide documentation that he/she meets the minimum education and experience
requirements for certification or registration by one or more of the organizations named in this
Subparagraph or upon approval by the Director, an individual with a demonstrated knowledge of Soil
Science.
(38) "Staff" means the staff of the Division of Environmental Management, Department of Environment,
Health, and Natural Resources.
(39) "Subsurface ground absorption sewage disposal system" means a waste disposal method which
distributes waste beneath the ground surface and relies primarily on the soil for leaching and removal
of dissolved and suspended organic or mineral wastes. Included are systems for public or community
sewage systems and systems which are designed for the disposal of industrial wastes. Land
application systems utilizing subsurface residual injection are not included.
(40) "Surface waters" means all waters of the state as defined in G.S. 143-212 except underground
waters.
(41) "Toxicity test" means a test for toxicity conducted using the procedures contained in 40 CFR 261,
Appendix II which is hereby incorporated by reference including any subsequent amendment's and
editions. Copies of this publication are available from the Government Institutes, Inc., 4 Research
Place, Suite 200, Rockville, MD 20850-1714 for a cost of thirty-six dollars ($36.00) each plus four
dollars ($4.00) shipping and handling. Copies are also available for review at the Division of
Environmental Management, Archdale Building, 512 N. Salisbury Street, P.O. Box 29535, Raleigh,
North Carolina 27626-0535.
(42) "Treatment works or 'disposal system which does not discharge to surface waters" means any
treatment works, facility or disposal system which is designed to:
(a) operate as closed system with no discharge to waters of the state, or
(b) dispose/utilize of wastes, including residuals, residues, contaminated soils and animal waste, to the
surface of the land, or
(c) dispose of wastes through a subsurface absorption system. '
(43) "Waste oil" means any used nonhazardous petroleum product other than crankcase oil. Crankcase
oil mixed with other used nonhazardous petroleum products will be considered as waste oil.
History Note: Statutory Authority G.S. 130A-335; 143-213; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. February 1, 1993; August 1, 1988; November 1, 1987; February 1, 1986.
.0204 ACTIVITIES WHICH REQUIRE A PERMIT
No person shall do any of the things or carry out any of the activities contained in N.C.G.S. 143-215.1(a)(1)
thru (10) until or unless the person shall have applied for and received a permit from the Director (or if
appropriate an approved local sewer system program) and shall have complied with the conditions prescribed
in the permit.
History Note: Statutory Authority G.S. 130A-335; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. October 1, 1987; February 1, 1986.
.0205 APPLICATION: FEES: SUPPORTING INFORMATION: REQUIREMENTS
(a) Jurisdiction. Applications for sewer system extensions under the jurisdiction of a local sewer system
program shall be made in accordance with applicable local laws and ordinances. Applications for permits
from the Division shall be made in accordance with this Rule as follows.
f- 4 pnT 1110A 4 TNI vT�-T -^ 4 ••-• rte n� /l -o/n.4 Pnoo .i

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
Non -Discharge Permit Application
(THIS FORM MAYBE PHOTOCOPIED FOR USE AS AN ORIGINAL).
RECYCLE FACILITIES
I. GENERAL INFORMATION:
1. Applicant (corporation, individual, or other):
2. Print Owners or Signing Official's Name and Title (the person who is .legally
responsible for the facility and its compliance):
3. Mailing Address:
City: State: Zip:
Telephone No.:
4. Project Name (subdivision, facility, or establishment name - should be consistent with
project name on plans/specs., letters of flow acceptance, Operational Agreements, etc.):
5. Application, Date: 6. Fee Submitted: $
7. County where project is located:
8. Latitude: ; Longitude of recycle facility location
II. PERMIT INFORMATION:
1. Permit No. (will be completed by DEM):
2. Specify whether project is. new; renewal*; modification.
*If renewal, complete only sections I, II, III, & applicant signature
(on pg.6). Submit only -pgs. 1, 2, 6 (original and 3 copies of each). Engineer
signature not required for renewal.
3. If this application is being submitted as a result of a renewal or modification to an
existing permit, list the existing permit number and issue date
4. Specify whether the applicant is public or private.
FORM: RFAC 4/91 Page 1 of 7

RECYCLE FACILITIES
PAGE 2 (4/91)
I. INFORMATION ON WASTEWATER:
1 . Nature of Wastewater: % Domestic; % Conurncrcial;
10.0 % Industrial; % Other waste (specify):
2. Please provide a one or two word description specifying the origin of the wastewater,
such as school, subdivision, hospital, commercial, industrial, apartments, etc.: GAP
3. Volume of recycle water generated by this project: gallons per day _
4
Explanation of how recycle water volume was determined:
5. Brief project description:
IV. DESIGN INFORMATION
1. Provide a brief listing of the components of the recycle facilities, including dimensions,
capacities, and detention times of tanks, pumping facilities, high water alarms, filters,
ponds, lagoons, etc.:
2. Name of closest downslope surface waters: 444 -:2�t
3. Classification of closest downslope surface waters: i3 t �y20:7t— .(as established
by the Environmental Management Commission & specified on page 4 of this
application).
4. If a power failure at the facility could impact waters classified as WS, SA, B, or
SB, describe which of the measures are being implemented to prevent such impact, as
required in 15A NCAC 2H.0200:
5. The facilities must conform to the following buffers (and all other applicable buffers):
a) 400 feet between a lagoon and any residence under separate ownership;
T b) 100 feet betv4 een a surface sand filter and any residence under separate ownership;
c) 100 feet between recycle facilities and a water supply source;
d) 50 feet between the recycle facilities and property lines;
2of7

RECYCLE FACILITIES
PAGE 3 (4/91)
6- If any of the buffers specified in no. 5 above are not being met, please explain how the
proposed buffers will provide equal or better protection of the Waters of the State with
no increased potential for nuisance conditions:
7. Are any componepts of the recycle facility located within the 100 -year flood plain?
yes; no. If yes, briefly describe the protective measures being taken to protect
against flooding.
THIS APPLICATION. PACKAGE WILL NOT BE ACCEPTED BY THE
DIVISION OF ENVIRONMENTAL MANAGEMENT UNLESS ALL OF
THE APPLICABLE ITEMS ARE INCLUDED WITH THE SUBMITTAL
Required Items
One original and three copies of the completed and appropriately executed application form.
The appropriate permit processing fee, in accordance with 15A NCAC 2H .0205(c)(5).
3
—T-kvo- sets of detailed plans and specifications signed and sealed by a North Carolina
Professional Engineer. The plans must include a general location map, a site map which
indicates where any borings or hand auger samples were taken, along with buffers,
structures, and property lines. Each sheet of the plans and the first page of the specifications
must be signed and sealed.
d. For industrial wastewater, a complete chemical analysis of the typical. wastewater
must be provided. The analysis may include, but shall not be limited to, Total Organic
Carbon, BOD, COD, Chlorides, Phosphorus, Nitrates, Phenol, Total Trihalomethanes,
TCLP analysis, Total Halogenated Compounds, Total Coliforms, and Total Dissolved
Solids.
e. If lagoons are a part of the facilities and the recycle water is industrial, provide a
hydrogeologic description of the subsurface to a depth of 20 feet or bedrock, whichever is
less. The number of borings shall be sufficient to define the following for the area
underlying each major soil type at the site: significant changes in lithology, the vertical
permeability of the unsaturated zone, the hydraulic conductivity of the saturated zone, and
the depth of the mean seasonal high water table.
f. Five copies of all reports, evaluations, agreements, supporting calculations, etc., must be
submitted as a part of the specifications which are signed and sealed by a North Carolina
Professional Engineer. Although certain portions of this required submittal must be
developed by other professionals, inclusion of these materials under the signature and seal
of a North Carolina Professional Engineer signifies that he has reviewed this material -and
has judged it to be consistent with his proposed design.
g. Five copies of the existing permit if a renewal or a modification.
3of7

ZTO:
REGIONAL WATER QUALITY SUPERVISOR
RECYCLE FACILITIES
PAGE 4 (4/91)
t s identified in number 5
Please provide me with the classification of the surface wa er
below and on the attached map segment:
Name of surface waters:
Classification (as established by the Environmental Management Commission):
_ 9 Z: �9--
Proposed Classification, if applicable:
Dater
Signature of regional office personnel:
•�
INSTRUCTIONS TO ENGINEER'
In order to determine whether provisions for dual or standby power may be required for the
subject facility, the classification of the closest downslope surface waters (the surface waters that
any overflow from the facility would flow toward) must be determined. You are required to
submit this form, with items 1 through 10 completed, to die appropriate Division of Environmental
Management Regional Water Quality Supervisor (see attached listing). At a minimum, you must
include an 8.5" by 11" copy of the portion of a 7.5 minute USGS Topographic Map which shows
the subject surface waters. You must identify the location of the facility and the closest downslope
surface waters (waters for which you are requesting the classification) on the subriutted map copy.
The application may not be submitted until this form is completed and included with the submittal.
1.
2.
3.
4.
5.
6.
7.
8-
9.
10.
Applicant (corporation, individual, or other ):
Name and Complete Address of Engineering Firm:
City:
State:
Telephone No.
Project Name:
Storage Facility Volume:
Name of closest downslope surface waters:
County(s) where project and surface waters are located: _
Map name and date:
North Carolina Professional Engineer's Registration No.
Print Name of Engineer
Seal and Signature (specify date):
4of7
Zip:
gallons

DIVISION OF ENVIRONMENTAL MANAGEMENT REGIONAL OFFICES (4/91)
1WQSu r
Asheville Regional WQ Super.
Washington Regional WQ Super:
Raleigh Kegrona pe
3800 Barrett Dr., Suite 101
59 Woodfin pie
P O Box 1507
Washington, NC 27889
g
Raleigh, NC 27609
Asheville, NC 28802
Surry
919%133-2314
704251-6208
919/946-6481
Wilkes
Forsyth
Beaufort Jones
Chatham Nash
Avery Macon
Bertie Lenoir
Durham Northampton
Buncombe Madison
Camden Martin
Edgecombe Orange
Burke McDowell
Caldwell Mitchell
Chowan Pamlico
Franklin Person
Granville Vance
Cherokee Polk
Craven Pasquotank
Halifax Wake
Clay Rutherford
Currituck Perquimans
Johnston Warren
Graham Swain
Dare Pitt
Gates Tyrell
Lee Wilson
Haywood Transylvania
Henderson Yancy
Greene Washington
Jackson
Hertford Wayne
Hyde
Fayetteville Regional WQ Super.
Mooresville Regional WQ Super.
Wilmington Region. WQ Super.
127 Cardinal Drive Extension
Wachovia Building, Suite 714
919 North Main Street
Wilmington, NC 28405-3845
Fayetteville, NC 28301
Mooresville, NC 28115
919/395-3900
919/486-1541
704/663-1699
Anson Moore
Alexander Mecklenburg
Brunswick New Hanover
Onslow
Bladen Robeson
CabamLs Rowan
Carteret
Columbus Pender
Cumberland Richmond
Catawba Stanly
Duplin
Harnett Sampson
Gaston Union
.
Hoke Scotland
Iredell Cleveland
Montgomery
Lincoln
Winston-Salem Regional WQ Super.
8025 North Point Boulevard, Suite 100
Winston-Salem, NC 27106
919/761-2351
Alamance
Rockingham
Alleghany
Randolph
Ashe
Stokes
Caswell
Surry
Davidson
Watauga
Davie
Wilkes
Forsyth
Yadkin
Guilford
5of7

F/.ame and Complete-Address of Engineering Finn:
City
Telephone No.
Professional Engineer's Certification:
I,
S tate:
RECYCLE FACIL=S
PAGE 6 (4/91)
, attest that this application for
M
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 the 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 Engineers Regis tration.No.
Print Name of Engineer
Seal and Signature (specify date):
Applicant's Certification:
I,
, attest that this application for
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 as
incomplete.
Signature
Date
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
PERMITS AND ENGINEERING UNIT
— POST OFFICE BOX 29535
512 NORTH SALISBURY STREET
RALEIGH, NORTH CAROLINA 27626-0535
TELEPIiONE NUMBER: 919/733-5083
r -F. 7

Sewer. Extensions
(delegated) $200 0
Closed -Loop. Recycle
or Evaporative $400 $200
NOTE: The Fees for Soil Remediation Projects are the same as for Sludges.
Under the Sewer Extension Fee, "delegated to municipalities" applies
only to those governmental jurisdictions that have specific delegation
review authority, as granted by the Division of Environmental
Management.
7 ., f -7
RECYCLE FACILITIES
'
PAGE 7 (4/91)
PERMIT APPLICATION PROCESSING FEES
(effective October 1, 1.990)
CATEGORY
NEW APPLICATIONS/
}
RENEWALS WITHOUT
MODIFICATIONS
MODIFICATIONS
> 1,000,000 GPD
Industrial
$400
$300
Domestic/Cooling Water
$400
$300
10,001 - 1,000,000 GPD
Industrial
$400
$250
Domestic/Cooling Water
$400
$250
1,001 - 10,000 GPD
Industrial
$400
$200
Domestic/Cooling Water
$400
$200
< or = 1,000 GPD and
Single Family Dwelling
$240
$120
Sludge < or = 300 Acres
$400
$250
Sludge > 300 Acres
$400.
$250
Sewer Extensions
(nondelegated)
$400
0
Sewer. Extensions
(delegated) $200 0
Closed -Loop. Recycle
or Evaporative $400 $200
NOTE: The Fees for Soil Remediation Projects are the same as for Sludges.
Under the Sewer Extension Fee, "delegated to municipalities" applies
only to those governmental jurisdictions that have specific delegation
review authority, as granted by the Division of Environmental
Management.
7 ., f -7

N. C. DEF',1-1.1TMENT OF ENVIRONMENT,-..EALTH,
AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
59 WOODFIN PLACE
ASHEVILLE, NORTH CAROLINA 28801
PHONE/704/251-6208 FAX/704/251-625�}�
TO:
FAX #: 9 / 5 ` 733-a "-G
FROM:
DATE:
/4,1/cl—
5f
# OF PAGES INCLUDING THIS COVER:
MESSAGE: If questions, please call 704/251-6208.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor .
Jonathan B, Howes, Secretary
Nann B. Guthrie, Regional Manager
Asheville Regional Office
MEMORANDUM
WATER QUALITY SECTION
July 7, 1995
"TO: Don Reuter
Division Public Information Officer
FROM: Michael R. Parker PaQ_
Environmental Chemist
SUBJECT: Representative Robert C. Hunter Inquiry
Michael Jaynes Gem Operation
Need For Permit
McDowell County
I met with Mr. David Jaynes and his son Michael on June 14,
1995, and advised them that there was a permit requirement to
operate a flume line and screening operation. I also advised
them that the Division had determined that this sediment from the
screening operation was in fact a pollutant and considered
wastewater. Refer to the attached definitions from 15 NCAC 2H
.0200 page 3 (25) "pollutant" means waste as defined in G. S.
143-213(18). Refer to G. S. 143-213 (18) c. "Other waste" means
sawdust, shavings, lime, refuse, offal, oil, tar chemicals,
dissolved and suspended solids, sediment,..... etc.
On June 15, 1995, I returned to Mr. Michael Jaynes business
and delivered a copy of 15 NCAC 2H .0200 -Waste Not Discharged to
Surface Waters and a copy of permit application Form:RFAC 4/91
for recycle facilities. I helped Mr. Jaynes complete the
application (this is the only recycle permit application the
Division has and is used for all types of recycle systems) and
marked on the application which sections would apply to his
operation.
Both Mr. David Jaynes and Mr. Michael Jaynes indicated that
they did not think that the flume water should be considered
wastewater and they did not think that a permit was necessary.
I tried to explain the definitions and requirements for the
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Don Reuter Memo
July 7, 1995
Page Two
permit but they insisted that this was not wastewater. I further
explained that the Division has approximately 20 operations of
this type already under permit.
On June 20, 1995, I mailed to Mr. Michael Jaynes excerpts of
G. S. 143-213 and G. S. 143-215 including the definitions so that
he could see that sediment and solids were defined as pollutants.
Further, I have discussed this type of operation with Ms.
Coleen Sullins, Supervisor of the Permits and Engineering Unit
and Ms. Carolyn McCaskill, Supervisor of the State Engineering
Review Group and they both agree that this type of operation
requires a recycle non -discharge permit.
For your information on May 8, 1989, Paul Wilms, Director
of the Division of Environmental Management, assessed Mr. Ron
Muse d/b/a Maggie Gem Mine a civil penalty in the amount of
$542.78 for constructing and operating a treatment works without
a permit. Water Quality File No. WQ 88-48.
Also, the Division received a permit application for the non
discharge recycle facility from Mr. Michael Jaynes on July 3,
1995.
I will be happy to assist Mr. Jaynes in any way possible to
obtain a permit or answer any of his questions. He has my
telephone number and is welcome to call me any time.
If you have further questions or need additional information
please call me at 704/251-6208.

c
�'EHNR CLV Vll[U[vMl;[vl.a ' 'lALVACsLrM>.LY! z - � 115A. UZIi � UZUU � �`�'
q
�Ay
(2 1) "Process to Further Reduce Pathogens" or ,"PFRP" . means a residuals stabilization process that t
reduces pathogens'to'below deiection levels,,The procedures that"may :be"utilized to, trivet ties �y
'
- ."- - .. -
requirement are contained in '40 CFR 257, Appendix II which is hereby incorporated by' reference t
- including any.subsequent.amendments.and. editions..Copies of this -publication are available from
the Government Institutes; Inc., 4 Research Place, Suite 200, Rockville; MD 20850=1714 for acost -
of thirty-six -dollars ($36.00) each plus four dollars ($4.00) shipping and handling. ;. Copies are also
available for review at the Division of Environmental Management, }Archdale Building, 512 N. ' -
f.
Salisbury Street, P. O. Box 29535, Raleigh, North Carolina 27.626-0535_:;
(22)
"Process to Significantly Reduce Pathogens" or'"PSRP" means a residuals stabilization process that
pro-vides-.the minimal acceptable lever of pathogen and vector attraction reduction prior to land
application. The procedures that may be utilized to meet this requirement are contained in 40 CFR
257, Appendix II which is hereby incorporated by reference including any subsequent amendments
and editions. ' ' Copies of this publication are available from the Government Institutes, Inc., 4
Research Place, Suite 200, Rockville, MD 20850-1714 for a cost of thirty six dollars ($36.00) each
plus four dollars "($4.00).shipping and handling. Copies are also available for review at the Division
"-:
of Environmental Management, Archdale Building, 512 N. Salisbury Street, P.O. Box 29535,
..
North Carolina 27626-0535.: - _ ..
(23)
"Petroleum contaminated soil" or "Soil containing petroleum products";shall mean any soil that has _
been exposed to petroleum products because of any emission, spillage, leakage, pumping, pouring,
emptying, or dumping of petroleum products onto or beneath the land surface and that exhibits
characteristics or concentrations of typical petroleum product constituents in sufficient quantities as
to be detectable by compatible laboratory analytical procedures.
(24)
"Petroleum product" means all petroleum products as defined by G.S. 143-215.94A(7) and includes
motor gasoline,. aviation gasoline, gasohol, jet fuels, kerosene, diesel fuel, fuel oils (##1-##6), and
motor oils (new and used).
f (25)
"Pollutant" means waste as defined in G.S. 143-213(18).
(26)
"Private sewer" means any part of a sewer system which collects wastewater from more than one
building, is privately owned and is not directly controlled by a public authority.
(27)
"Professional - engineer"_ means a person who . is presently registered and licensed as a professional
engineer by the North Carolina State Board of Registration For Professional Engineers and Land
Surveyors. -
(28)
"Public or community sewage system" means a single system of sewage collection, treatment, or
disposal owned and operated by a sanitary district, a metropolitan sewage district; a water and sewer
authority, a county, a municipality, or a public utility.
(29)
"Public sewer" means a sewer located in a dedicated public street, roadway, or dedicated public
right-of-way or easement which is owned.or operated by any municipality, county, water or sewer
district, or any other political subdivision of the state authorized to construct or operate a sewer
system.
(30)
"Rapid infiltration system" means rotary distributor systems or other similar systems that dispose of
tertiary treated waste at high surface area loading rates of greater than ;1.5 gpolft2. _-
(31)
"Residuals" means any solid or semisolid waste, other than residues from agricultural products and
processing generated from a wastewater treatment facility, water supply treatment facility or air
pollution control facility permitted under the authority of the Environmental Management
Commission. -
(32)
"Residues from agricultural products and processing" means solids, semi-solids or liquid, residues
'
from food and beverage processing and handling; silviculture; agriculture; and aquaculture operations
permitted under the authority of the Environmental Management Commission that are. non-toxic,
non -hazardous and contain no domestic wastewater.
(33) _
"Sewage" means the liquid and solid human waste, and liquid waste 'generated by domestic
water -using fixtures and appliances, from any residence, place of business, or place. of public
assembly. Sewage does not include wastewater that is totally or partially industrial wastewater, or
any other wastewater not considered to be domestic waste.. ..
(34)
."Sewer system" means pipelines or conduits, pumping stations, specialized mode of conveyance and - .
appliances appurtenant thereto, used for conducting wastes. to a point of ultimate disposal.
(35)
"Soil remediation at conventional rates" means the utilization of soils containing petroleum products
NORTH CAROLINA ADA=ST UT M CODE .: 02/14/94 ., I. Page 3.

(13) The term"outlet" means the terminus of a sewer system, or the point of emergence of any
waste or the effluent therefrom, into the waters of the State.
(14) Repealed by Session Laws 1987, c, 827, s. 153.
(15) The term "sewer system" means pipelines or conduits, pumping stations, and force mains,
and all other construction, devices, and appliances appurtenant thereto, used for conducting wastes to
a point of ultimate disposal.
(16) The term "standard" or "standards" means such measure or measures of the quality of water
and air as are established by the Commission pursuant to G.S. 143-214.1 and G.S. 143-215.
(16a) "Stormwater" means the flow of water which results from precipitation and which occurs
a. "Sewage," which shall mean water -carried human waste discharged, transmitted, and
collected from residences, buildings, industrial establishments, or other places into a unified
sewerage system or an arrangement for sewage disposal or a group of such sewerage arrangements or
systems, together with such ground, surface, storm, or other water as may be present.
b. "Industrial waste" shall mean any liquid, solid, gaseous, or other waste substance or a
combination thereof resulting from any process of industry, manufacture, trade or business, or from
the development of anv natural resource.
. " otic waste" means that waste, or combinations of wastes, including disease -causing
agents, which after discharge and upon exposure, ingestion, inhalation, or assimilation into any
organism, either directly from the environment or indirectly by ingestion through food chains, will
cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions
(including malfunctions in reproduction) or physical deformities, in such organisms or their
offspring.
(19) The term "water pollution" means the man-made or man -induced alteration of the chemical,
physical, biological, or radiological integrity of the waters of the State, including, but specifically not
limited to, alterations resulting from the concentration or increase of natural pollutants caused by
man -related activities.
(20) Repealed by Session Laws 1987, c. 827, s. 153.
(21) The term "watershed" means a natural area of drainage, including all tributaries contributing
to the supply of at least one major waterway within the State, the specific limits of each separate
watershed to be designated by the Commission.
(22) The term "complex sources" means any facility which is or may be an air pollution source or
which will induce -or tend to induce development or activities which will or may be air pollution
sources, and which shall include, but not be limited to, shopping centers; sports complexes; drive-in
theaters; parking lots and garages; residential, commercial, industrial or institutional developments;
amusement parks and recreation areas; highways; and any other facilities which will result in
increased emissions from motor vehicles or stationary sources.
(23) The term "effluent standards or limitations" means any restrictions established pursuant to
this Article on quantities, rates, characteristics and concentrations of chemical, physical, biological
and other constituents of wastes which are discharged from any pretreatment facility or from any
outlet or point source to the waters of the State.
(24) The term "point source" means any discernible, confined, and discrete conveyance,
including, but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, or concentrated animal -feeding operation from which wastes are or
may be discharged to the waters of the State.
(25) The term "pretreatment facility" means any treatment works installed for the purpose of
treating, equalizing, neutralizing or stabilizing waste from any source prior to discharge to any
disposal system subject to effluent standards or limitations.
. (26) The term "pretreatment standards" means effluent standards or limitations applicable to
waste discharged from a pretreatment facility.

143-212. Definitions.
Unless a different meaning is required by the context, the following_ definitions apply to this
Article and Articles 21A and 21B of this Chapter:
(1) "Area of the State" means a municipality, a county, a portion of a county or a municipality, or
other substantial geographic area of the State designated by the Commission.
(2) "Commission",means the North Carolina Environmental Management Commission.
(3) "Department" means the Department of Environment, Health, and Natural Resources.
(4) "Person" includes individuals, firms, partnerships, associations, institutions, corporations,
municipalities and other political subdivisions, and governmental agencies.
(5) "Secretary" means the Secretary of Environment, Health, and Natural Resources.
(6) "Waters"• means any stream; river, brook, swamp, lake, sound, tidal estuary, bay, creek,
reservoir, waterway, or other body or accumulation of water, "whether surface or underground, public
or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of
this State, including any portion of the Atlantic Ocean over which the State has. jurisdiction.
(1987, c. 827, s. 152A; 1989, c. 727, s. 218(103); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1991
(Reg. Sess., 1992), c. 1028, s. 1.)
Editors Note. - Session Laws 1989 (Reg. Sess., 1990), c. 954, effective July 18, 1990, and expiring
July 1, 1991, provides in s. 1: "Except as provided in Section 2 of this act and notwithstanding the
provisions of G.S. 153A-285, G.S. 153A-287, or any other provision of law, no entity whether public
or private, or whether acting separately or jointly may divert any of the waters of this State, as
defined in G.S. 143-212(6), from the basin of any named river to another nor institute any proceeding
in the nature of eminent domain to acquire water, water rights, or lands having water rights attached
thereto for a use that will result in waters of this State being diverted from the basin of one named
river to another."
Sections 2 and 3 of Session Laws 1989 (Reg. Sess., 1990), c. 954 describe those diversions not
affected by the prohibitions in section 1 of the act, and sections 4 to 6 relate to construction of the act.
A former 143-212 was repealed by Session Laws 1973, c. 1262, s:. 23.
Effect of Amendments. - The 1991 (Reg. Sess., 1992) amendment, effective July 24, 1992, deleted
"applicable to Article" at the end of the catchline, and substituted the present introductory paragraph
for the former which read: "The following definitions apply to this Article."
143-213. Definitions.
Unless the context otherwise requires, the following terms as used in this Article and Articles 21A
and 21B of this Chapter are defined as follows:
(1) The term "air cleaning device" means any method, process or equipment which removes,
reduces, or renders less noxious air contaminants discharged into the atmosphere.
(2) The term "air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, or vapor
or any combination thereof.
(3) The term "air contamination" means the presence in the outdoor atmosphere of one or more
air contaminants which contribute to a condition of air pollution.
(4) The term "air contamination source" means any source at, from, or by reason of which there is
emitted into the atmosphere any air contaminant.
(5) The term "air pollution" shall mean the presence in the outdoor atmosphere of one or more air
contaminants in such quantities and duration as is or tends to be injurious to human health or welfare,
to animal or plant life or to property or that interferes with the enjoyment of life or property.
(6) to (8) Repealed by Session Laws 1987, c. 827, s. 153.
(9) Whenever reference is made in this Article to the "discharge of waste," it shall be interpreted
to include discharge, spillage, leakage, pumping, placement, emptying, or dumping into waters of the
State, or into any unified sewer system or arrangement for sewage disposal, which system or
arrangement in turn discharges the waste into the waters of the State.
(10) The term "disposal system" means a system for disposing of waste, and including sewer
systems and treatment works.
(11) Repealed by Session Laws 1987, c. 827, s. 153.
(12) The term "emission" means a release into the outdoor atmosphere of air contaminants.

;L
ate 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
July 5, 1995
MR MICHAEL JAYNES
RT, 3 BOX 294
MARION, NORTH CAROLINA 28752
Dear MR JAYNES:
Subject: Application No. W00011261
Linville Mountain Gem Shop
Recycle Facility.
McDowell County
The Division's Permits and Engineering Unit acknowledges receipt of your permit application and
supporting materials on July 3, 1995. This application has been assigned the number listed above.
PLEASE REFER TO THE ABOVE WA'T'ER QUALITY NUMBER WHEN MAKING
INQUIRES ON THIS. PROJECT....:
Your -project has been.assigned to Michael Allen4or a detailed engineering review. Should there be any
questionsconcerning 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:i�le i1�le*R"g'orla°ln#fit
Sincerely,
,Carolyn McCaskill
Supervisor., State Engineering Review Group
Pollution Prevention Pays
_ J�!I_ 12195
yidc
Ij ,.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
Non -Discharge Permit Application
(THIS FORM MAYBE PHOTOCOPIED FOR USE AS AN ORIGINAL)
RECYCLE FACILITIES
I. GENERAL INFORMATION:
1. Applicant (corporation, individual, or other): I 't 1 A L ! l c 5
2. Print Owners or Signing Official's Name and Title (the person who is .legally
responsible for the facility and its compliance): M i i1 1311 d Jay IJ P_ S
r
W
3. Mailing Address: Z tt4 c,
City: M A r f_6 r;
State: AL. 6- . Zip: ,2_6 7,65.2.
2
Telephone. No.: C dpi' ) 17 5 6,
4. Project Name (subdivision, facility, or establishment name - should be consistent with
project name on plans/specs., letters of flow acceptance, Operational Agreements, etc.):
�INY i e M
5. Application. Date: 3 6. Fee Submitted: $ `fiC56 .1' G
7. County where project is located: M c_pa L-' r' I i
8. Latitude: 3.5 r5 -3 "13 N ; Longitude V A 56. " A'7 ]ti) of recycle facility location
II. PERMIT INFORMATION:
1. Permit No. (will be completed by DEM):
2. Specify whether project is: `. new; L renewal*; modification.
*If renewal, complete only sections I, II, III, & applicant signature
(on pg.6). Submit only pgs. 1, 2, 6 (original and 3 copies of each). Engineer
signature not required for renewal.
3. If this application is being submitted as a result of a renewal or modification to an
existing permit, list the existing permit number I / I and issue date
4. Specify whether the applicant is public or private.
FORM: RFAC 4/91 Page 1 of 7

INFORMATION ON WASTEWATER:
I . Nature of Wastewater:
1r LO % Industrial;
% Domestic;
RECYCLE FACFL=-S
PAGE 2 (4/91)
( : C-Y'e� 10,
N°Cf
% Conunercial; �J VIA
% Other waste (specify):
2. Please provide a one or two word description specifying the origin of the wastewater,
such as school, subdivision, hospital,v commercial, industrial, apartments, etc.:
'To /(ec� GAP
1�e. I. A� 2(c (r�,Je;Nva (Q ed. (�'t ; rym fi;J�_li
i1
4.
Volume of recycle water generated by this project: 4 — --i Vl eQ) gallons per day
Explanation of how recycle water volume was determined: ' J .-rc ti L
�rliC-�C I� C'-Ncj �I�C/}'lC I//V�' (5i/h /�rL1� ✓[c11in/)% /i_Caa i
5. Brief project description: LJ i (J IlG Y' U U c• R1 bu5-1 NE's s • 4S4 1/ ti
rCAQ UJI/'ess C'c4�4vm ers. me- i,&jyvN. .
IV. DESIGN INFORMATION
1. Provide a brief listing of the components of the recycle facilities, including dimensions,
capacities, and detention times of tanks, pumping facilities, high water alarms, filters,
ponds, lagoons, etc.: 5 n'm e � j v e / e -a d� tL Z.'X 5 X 7 lclec�.r
-5e�IV11% —1
IaN k We eY �kL=+5 -fYacV% .A(',S c "K Z6
)&"A vJ 7)+eeI &)ralell PG, -M o re-vo-Jew 63& -Ore rK-
F / 't,,j eP Fit '►ae /Nrye -to ecy w u.� IycsceSS _
Y c !x2cL (Ai Ove ja ca re l.cs'c� lid K AFF Nv ilr4�
c
2. Name of closest downslope surface waters:
3. Classification of closest downslope surface waters: %3 4fiZZ7� (as established
by the Environmental Management Commission & specified on page 4 of this
application).
4. If a power failure at the facility could impact waters classified as WS, SA, B, or
SB, describe which of the measures are being implemented to prevent such impact, as
required in 15A NCAC 2H.0200: '146 i rn n z,1 -c -t-
5. The facilities must conform to the following buffers (and all other applicable buffers):
a) 400 feet between a lagoon and any residence under separate ownership;
b) 100 feet between a surface sand filter and any residence under separate ownership;
c) 100 feet between recycle facilities and a water supply source;
d) 50 feet between the recycle facilities and property lines;
2of7

,Oen
a
/ 3
RECYCLE FACILITIES
PAGE 3 (4/91)
6. If any of the buffers specified in no. 5 above are not being met, please explain how the
proposed buffers will provide equal or better protection of the Waters of the State with
no increased potential for nuisance conditions: Nit Aee i Cay h e
7. Are any components of the recycle facility located within the 100 -year flood plain?
yes;�no. If yes, briefly describe the protective measures being taken to protect
against flooding.
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE
DIVISION OF ENVIRONMENTAL MANAGEMENT UNLESS ALL OF
THE APPLICABLE ITEMS ARE INCLUDED WITH THE SUBMITTAL
Required Items
One original and three copies of the completed and appropriately executed application form.
The appropriate permit processing fee, in accordance with 15A NCAC 2H .0205(c)(5).
—Fives sets of detailed plans and specifications signed and sealed by a North Carolina
Professional Engineer. The plans must include a general location map, a site map which
indicates where any borings or hand auger samples were taken, along with buffers,
structures, and property lines. Each sheet of the plans and the first page of the specifications
must be signed and sealed.
;d. For industrial wastewater, a complete chemical analysis of the typical wastewater
f must be provided. The analysis may include, but shall not be limited to, Total Organic
Carbon, BOD, COD, Chlorides, Phosphorus, Nitrates, Phenol, Total Trihalomethanes,
TCLP analysis, Total Halogenated Compounds, Total Coliforms, and Total Dissolved
Solids.
e. If lagoons are a part of the facilities and the recycle water is industrial, provide a
hydrogeologic description of the subsurface to a depth of 20 feet or bedrock, whichever is
less. The number of borings shall be sufficient to define the following for the area
underlying each major soil type at the site: significant changes in lithology, the vertical
permeability of the unsaturated zone, the hydraulic conductivity of the saturated zone, and
the depth of the mean seasonal high water table.
f. Five copies of all reports, evaluations, agreements, supporting calculations, etc., must be
submitted as a part of the specifications which are signed and sealed by a North Carolina
Professional Engineer. Although certain portions of this required submittal must be
developed by other professionals, inclusion of these materials under the signature and seal
of a North Carolina Professional Engineer signifies that he has reviewed this material and
has judged it to be consistent with his proposed design.
g. Five copies of the existing permit if a renewal or a modification.
3of7

RECYCLE FACILITIES
PAGE 4 (4/91)
TO: REGIONAL WATER QUALITY SUPERVISOR
Please provide me with the classification of the surface waters identified in number 5
below and on the attached map segment:
Name of surface waters:
-ALA :3h,,/, - JC,.ZZ,
Classification (as established by the Environmental Management Commission):
Proposed Classification, if applicable:
Signature of regional office personnel: � dd—LDate:
INSTRUCTIONS TO ENGINEER
In order to determine whether provisions for dual or standby power may be required for the
subject facility, the classification of the closest downslope surface waters (the surface waters that
any overflow from the facility would flow toward) must be determined. You are required to
submit this form, with items 1 through 10 completed, to the appropriate Division of Environmental
Management Regional. Water Quality Supervisor (see attached listing). At a minimum, you must
include an 8.5" by 11". copy of the portion of a 7.5 minute USGS Topographic Map which shows
the subject surface waters. You must identify the location of the facility and the closest downslope
surface waters (waters for which you are requesting the classification) on the submitted map copy.
The application may not be submitted until this form is completed and included with the submittal.
Applicant (corporation, individual, or other):
2. Name and Complete Address of Engineering Firm:
City:
Telephone No.
3. Project Name:
4. Storage Facility Volume:
State:
5. Name of closest downslope surface waters:
6. County(s) where project and surface waters are located:
7. Map name and date:
8. North Carolina Professional Engineer's Registration No.
9. Print Name of Engineer
10. Seal and Signature (specify date):
4of7
Zip:
gallons

DIVISION OF ENVIRONMENTAL MANAGEMENT REGIONAL OFFICES (4/91)
Asheville Regional WQ Super.
Washington Regional WQ Super.
Raleigh Regional WQ Super.
59 Woodfin Place
P O Box 1507
3800 Barrett Dr., Suite 101
Asheville, NC 28802
Washington, NC 27889
Raleigh, NC 27609
704/251-6208
919/946-6481
9191133-2314
Avery Macon
Beaufort Jones
Chatham Nash
Buncombe Madison
Bertie Lenoir
Durham Northampton
Burke McDowell
Camden Martin
Edgecombe Orange
Caldwell Mitchell
Chowan Pamlico
Franklin Person
Cherokee Polk
Craven Pasquotank
Granville Vance
Clay Rutherford
Currituck Perquimans
Halifax Wake
Graham Swain
Dare Pitt
Johnston Warren
Haywood Transylvania
Gates Tyrell
Lee Wilson
Henderson Yancy
Greene Washington
Jackson
Hertford Wayne
Hyde
Fayetteville Regional WQ Super.
Mooresville Regional WQ Super.
Wilmington Region. WQ Super.
Wachovia Building, Suite 714
919 North Main Street
127 Cardinal Drive Extension
Fayetteville, NC 28301
Mooresville, NC 28115
Wilmington, NC 28405-3845
919/486-1541
704/663-1699
919/395-3900
Anson Moore
Alexander Mecklenburg
Brunswick New Hanover
Bladen Robeson
Cabamrs Rowan
Carteret Onslow
Cumberland Richmond
Catawba Stanly
Columbus Pender
Harnett Sampson
Gaston Union
Duplin
Hoke Scotland
Irodell Cleveland
Montgomery
Lincoln
Winston-Salem Regional WQ Super.
8025 North Point Boulevard, Suite 100
Winston-Salem, NC 27106
919!761-2351
Alamance Rockingham
Alleghany Randolph
Ashe
Stokes
Caswell
Suny
Davidson
Watauga
Davie
Wilkes
Forsyth
Yadkin
Guilford
5of7

Name and Complete Address of Engineering Finn:
City:
Telephone No.
State:
RECYCLE FACILITIES
PAGE 6 (4/91)
Professional Engineer's Certification:
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 the 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 Registration.No.
Print Name of Engineer
Seal and Signature (specify date):
Applicant's Certification:
I,
, attest that this application for
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 as
incomplete.
Signature Date u q 1.5
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
PERMITS AND ENGINEERING UNIT
POST OFFICE BOX 29535
512 NORTH SALISBURY STREET
RALEIGH, NORTH CAROLINA 27626-0535
TELEPHONE NUMBER: 919/733-5083
6of7

RECYCLE FACILITIES
PAGE 7 (4/91)
PERMIT APPLICATION PROCESSING FEES
(effective October 1, 1990)
CATEGORY
NEW APPLICATIONS/
RENEWALS WITIIOUT
MODIFICATIONS
MODIFICATIONS
> 1,000,000 GPD
Industrial
$400
$300
Domestic/Cooling Water
$400
$300
10,001 - 1,000,000 GPD
Industrial
$400
$250
Domestic/Cooling Water
$400
$250
1,001 - 10,000 GPD
Industrial
$400
$200
Domestic/Cooling Water
$400
$200
< or = 1,000 GPD and
Single Family Dwelling
$240
$120
Sludge < or = 300 Acres
$400
$250
Sludge > 300 Acres
$400
$250
Sewer Extensions
(nondelegated)
$400
0
Sewer Extensions
(delegated)
$200
0
Closed -Loop Recycle
or Evaporative $400 $200
NOTE: The Fees for Soil Remediation Projects are the same as for Sludges.
Under the Sewer Extension Fee, "delegated to municipalities" applies
only to those governmental jurisdictions that have specific delegation
review authority, as granted by the Division of Environmental
Management.
7 of 7

63 N LO (3
Sugar Hill Road
70 & 221 -Bypass
Ort S Across From
rviart Shopping .. Center Ingle's Shopping Center
CONCRETE SAWS 0 LAWN& (,AKDLN 0 (,LNLKP,1UK.':, - �IUL) UUM>
77 7
Th DITCH WITCH o )TEER & BACKHOE 0 SPACE HEATERS ® TROWLE
e VIBRATORS e T) 1 POST HOLE DIGGERS 0 AND MANY MORE ITERS
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HWY
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221N
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86
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1226
To Spruce
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Kevin Washburn - Owner
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BUCK CREEK GAP
WS, INC.
ktiaml Sales Office
TATE
GES THAT ARE BROUGHT To
iEO FOR THE NEXT TUMORTUNNEL.
!IGHTS RESERVED. 6679275
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70

PPState of North Caroling_
. Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
January 7, 2000
Mr. Michael D. Jaynes
Linville Mountain Gem Shop
Route 3, Box 294
Marion, NC 28752
Dear Mr. Jaynes:
10
AN
EN
Subject: Permit No. WQ0011261
Michael Jaynes
Linville Mountain Gem Shop
Wastewater Recycle System
McDowell County
In accordance with your renewal request received October 5, 1999, we are forwarding herewith Permit No.
WQ0011261, dated January 7, 2000, to Mr. Michael Jaynes for`the continued operation of'the subject wastewater
recycle system.
This permit shall be effective from the date of issuance until December 31., 2004, shall void Permit No.
WQ0011261 issued July 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, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This
request mus' -be in the form of a written'petition, conforming to Chapter -1:50B of North Carolina General Statutes,
and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless
such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Kristin Mignez at [phone]
extension 524. -
Since y,
/Kerr T. Stevens
cc: McDowell County Health Department"�
As__T_
heville-Regional-Office, Water-QualitySection
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

_ tee'; ,���: ✓' �' t
In accorce with. the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and
other applicable Laws, Rules, and Regulations
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES _
RALEIGH
RECYCLE SYSTEM PERMIT
PERMISSION IS HEREBY GRANTED TO
Mr. Michael Jaynes
McDowell County
FOR THE
continued operation of a 4,800 GPD wastewater recycle system consisting of a 50 foot flume line, a 2' x 5' x 2'
settling tank, and a 9' x 20' x 10' recycle tank with pumps to serve the Linville Mountain Gem Shop, with no
discharge of wastes to the surface waters, pursuant to the renewal request received October 5, 1999, and in
conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until December 31, 2004, shall void Permit No.
WQ0011261 issued July 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 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 Water Quality
(Division) accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of the request will be considered on its merits and may or may
not be approved.
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.
6. The residuals generated from these treatment facilities must be disposed in accordance with General Statute
143-215.1 and in a manner approved by the Division.

lippPPPP�
7. The issuance of this permit shall not relieve the Permittee of the responsibility for damages
groundwaters resulting from the operation of this facility.
The facilities shall be effectively mair..tained and operated as anon -discharge system to prevent �.., u.�......b.
of any wastewater resulting from the operation of this facility.
Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited.
10. Any monitoring deemed necessary by the Division to insure surface and ground water protection will be
established and an acceptable sampling reporting schedule shall be followed.
11. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper operation
of the subject facilities.
12. The Permittee or his designee shall inspect the wastewater recycle facilities to prevent malfunctions and
deterioration, operator errors and discharges which may cause or lead to the release of wastes to the
environment, a threat to human health, or a nuisance. The Permittee shall maintain an inspection log or
summary including at least the date and time of inspection, observations made, and any maintenance, repairs,
or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for
a period of three years from the date of the inspection and shall be made available to the Division or other
permitting authority, upon request.
13. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the recycle system at any
reasonable time for the purpose of determining compliance with this permit, may inspect or copy any records
that must be maintained under the terms and conditions of this permit, and may obtain samples of
groundwater, surface water, or leachate.
14. 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).
15. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143-
215.6C.
16. 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.
17. A set of approved plans and specifications for the subject project must be retained by the Permittee for the
life of this project.
18. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, telephone number [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;

/ 1
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 five (5)
days following first knowledge of the occurrence. This report must outline the actions taken or proposed to
be taken to ensure that the problem does not recur.
19. 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 theseventh day of January, 2000
NORTHOLINA E ENTAL MANAGEMENT COMMISSION
,IAy� Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0011261

JUL 06 195 10:S -
PPP
RM
REPRLG£NTATIVE ROBERT C. (1300) )IUNTER
HOA1C AODRC37: P.O. Box 1330
MARR)N. N.C. 2$752
7oyaa2-20"
RALEIGH AD011CS3: RaoY 1201
L►Gt¢LArm BUILDING
I}AIGIOH, N.C. 27 60 1-1096
r +319ry��-5987
IS
&=4fim (S=zn C A2uenthlg
gmm X)f gEVM=daff1'W
T� pldl
per 276aiw1096
June 26, 1995
Mr. Henry Lancaster, Liaison
Department of Environment, Health
and Natural Resources
Archdale Building
512 North Salisbury Street
Raleigh, NC 27604-1148
Dear Henry:
P. 2/9
q6 -r-0011
lzomxlff%�
JUL 5 1995
pN OF ENV{RQNMENTAL MOT
1))RECTOITS OFFICE
NORTH CAROIANA CouAlrS COMMISSI6N
CHAIRMAN
THE COUNCIL OV STAT= I2*YK3tNMENT9
FORMER CuAIr+MAN
Enclosed is a copy of a letter and supporting material. which
I receiver] from Mr. David Jaynes, a good friend, and
constituent from Marion, North Carolina.
David has written concerning a problem he is having in
starting up a new business. The main question appears to be
whether or not there is a legal requirement for a permit from
your department for this type operation and if so, why.
Based on David's letter, I do not understand why one would be
required. i would appreciate your reviewing his letter and
seeing if you can be of assistance.
With warm regards, I am
Yours truly,
Robert c. (Bob) Hunter
RCHjfa
Enclosures
cc: David Jaynes
.49TH DISTIVIC3 - MCDOWELLp YANCEY AND LINVILLE No, t AND UPPER CREEK PRE=KCT9 OF BURKE COUNTY

PPPPPJUL 06 195 10:5
PP'
Mr. David Jaynes
P_4_ Pox 640
Marion, NC 28752
June 20, 1995
Rep. Robert Hunter
1201 Legislative Building
Raleigh, NC 27601
Dear Mr. Hunter:
P.3i9
I am in the process of opening a rock shop for my son Michael. This shop
is located approximately 114 mile south of Linville Caverns, on Highway 221.
Michael will be cutting natural gemstones and mounting them in rings,
pendants, earrings etc. Iu order to draw additional customers, we have
built a flume line. This consists of water flowing down a wooden trough,
providing customers a means to wash dirt away .form "potential" gemstones.
This is done by putting dirt into a 4"x12"x12' open topped, screened bottom
box and dipping it into the flowing water.
Raving said all of the above, I will tell you my problem.
A gentleman from the North Carolina Department of Environment, Health
and Natural Resources stopped by (having seen the flume line while traveling
up 221) and. said We would need a permit from his department in order to
open the shop. lie left us a permit application. Directions in the application
as well as in the pamplet explaining the application do not apply to this type
of facility. The application is for waste recycling.
There is no waste involved in this process. Water is pumped from our well into
a large tank•gothing goes into any stream or onto the ground. Everything is
self ---contained. It is very similar to a swimming pool slide. The dirt is also
reused. (See drawing)
Bob, I can see no relavance to the operation of a recreational, self-contained
flume line of this type and any kind of adverse environmental situation.
Nothing is taken from the ground or streams and nothing is allowed to go into
the ground or into a stream. I welcome anyone to check the shop for any problems
that could possibly be considered as environmentaly unsound.
The application and regulations that we received were prepared for sewer
systems, disposal of farm animal waste etc. This is a recreational, non -industrial,
non-comerical, non -waste water, non-domestic, non -applicable activity.
The application requires that we sign a statement of truth to the best of
our ability etc. However, the state Environmental Representative took the
liberty of inserting information into some of the fill in spaces which would
lead the reader to believe something that is not applicable.(See copy of application)

JUL 06 195 10:5
PPP
P.4/9
Bvb, I don't want you to spend a lot of time on this but I feel we
are being inaccurately included in their regulation as it now exists.
Nothing applies. I would like to have a copy of a relevant regulation.
(See the attached copy from the pampiat we received) indicating activities
requiring permits. I cannot help but feel that this mau is trying to
justify his employment.
Thank you for your assistance in this matter.
/S inc�erely,
David aynes

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
Nann B. Guthrie, Regional Manager
Asheville Regional Office
. AIVA
F4
IDEHNR
WATER QUALITY SECTION
June 20, 1995
Mr. Michael Jaynes
Linville'Valley Gem Mine
Route 7
Marion, North Carolina 28752
Subject: Requirements For Permit
Linville Valley Gem Mine
McDowell County
Dear Mr. Jaynes:
Mr. Michael Parker of this Division's Water Quality Section
has been -discussing with you the need for a non -discharge recycle
permit. For your use I am enclosing a copy of excerpts of
General Statutes 143-213 and 143-215 in which I have highlighted
certain areas that may be pertinent to your operation. Based on
these statutes we have determined that a nondischarge recycle
permit is required for you to operate the flume line and gem
mining operation. The water used to wash the silt, soil and sand.
from the gemstones and rocks becomes wastewater and the two
settling tanks and pump constitutes a wastewater treatment
system.
For your information we have approximately 20 permitted gem
mines within the 19 county area served by the Asheville Regional
Office. We look forward to receiving your permit application.
Should you have questions, please call me or Mr. Parker at
704/251-6208.
Sincerely,
Roy M. Davis, Regional Supervisor
Division of Environmental Management
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 Telephone [phone] FAX [phone]
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