Appendix E-Groundwater Withdrawal Mitigation Plan

GROUND WATER WITHDRAWAL MITIGATION PLAN
Aurelian Springs Mine and Concentrator Plant, North Carolina
Iluka Resources (NC) LLC
November 2013
OWNER NAME Iluka Resources (NC) LLC
FACILITY NAME Aurelian Springs Mine and Concentrator Plant
LOCATION Aurelian Springs Road, Littleton, NC 27850
INTRODUCTION
The purpose of this Ground Water Withdrawal Mitigation Plan (Plant) is to provide existing
groundwater users a method to resolve claims that may arise due to the impact of the
withdrawal from the temporary construction dewatering and permanent underdrain sumps
associated with the Aurelian Springs Mine and Concentrator Plant. Iluka Resources (NC) LLC
(Iluka) proposes this plan to mitigate impacts to existing users and excludes impacts to wells
constructed after the effective date of this permit.
CLAIMANT REQUIREMENTS
To initiate a claim, the claimant must provide written notification of the claim to the following
address:
Contact Name: Mr. Chuck Stilson
Title: Project Manager
Permittee Name: Iluka Resources (NC) LLC
Address 413 Becker Drive
City, State, Zip Code Roanoke Rapids, NC27870
The claim must include the following information:
a) a deed or other available evidence that the claimant is the owner of the well and the well
was constructed and operated prior to when dewatering activities were initiated at the
Aurelian Springs Mine and Concentrator Plant site;
Page 1 of 3

GROUND WATER WITHDRAWAL MITIGATION PLAN
Aurelian Springs Mine and Concentrator Plant, North Carolina
Iluka Resources (NC) LLC
November 2013
b) all available information related to well construction, water levels, historic yield, water
quality, and the exact location of the well sufficient to allow Iluka to locate the well on the
claimant's property;
c) the reasons the claimant believes that the Aurelian Springs Mine and Concentrator Plant
withdrawal has caused an adverse impact on the claimants well(s).
CLAIM RESOLUTION
Iluka will review any claim within thirty (30) business days. If Iluka determines that no rebuttal
will be made and accepts the claim as valid, Iluka will so notify the claimant and will implement
mitigation within thirty (30) business days. If the claim is not accepted as valid, Iluka will notify
the claimant that (a) the claim is denied or (b) that additional documentation from the claimant is
required in order to evaluate the claim. Within fifteen (15) business days of receiving additional
documentation from the claimant, Iluka will notify the claimant (a) that Iluka agrees to mitigate
adverse impacts or (b) the claim is denied. If the claim is denied, the claimant will be notified
that the claimant may request the claim be evaluated by a three (3) member committee. This
committee will consist of one (1) representative selected by Iluka, one (1) representative
selected by the claimant, and one (1) representative mutually agreed upon by the claimant and
Iluka.
Any claimant requesting that a claim be evaluated by the committee should provide the name
and address of their representative to Iluka. Within five (5) business days of receipt of such
notification, Iluka will notify the claimant and claimant's representative of the identity of Iluka
representative and instruct the representatives to select a third representative within ten (10)
business days. Representatives should be a professional engineer or hydrogeologist with
experience in the field of ground water hydrology. Iluka agrees to reimburse the members of
the committee for reasonable time spent, at a rate prevailing in the area for experts in the above
listed fields, and for direct costs incurred in administering the plan. The claimant may, at his or
her option, choose to provide the reimbursement for the member of the committee selected by
the claimant and up to half of the reimbursement for the mutual representative.
Page 2 of 3

GROUND WATER WITHDRAWAL MITIGATION PLAN
Aurelian Springs Mine and Concentrator Plant, North Carolina
Iluka Resources (NC) LLC
November 2013
Within ten (10) business days of selection of the third representative, the committee will
establish a reasonable deadline for submission of all documentation it needs to evaluate the
claim. Both the claimant and Iluka will abide by this deadline.
Within fifteen (15) business days of receipt of documentation, the committee will evaluate the
claim and reach a decision by majority vote. The committee will notify the claimant regarding its
decision to (a) deny or (b) approve the claim. If the claim is approved, Iluka will mitigate the
adverse impacts within thirty (30) business days of making the decision or as soon as practical.
If the claim is denied by the committee, Iluka may seek reimbursement from the claimant for the
claimant's committee representative and one half of the 3rd representative on the committee.
If a claimant within the indicated area of impact indicates that they are out of water, Iluka will
accept the responsibility of providing water for human consumptive needs within seventy-two
(72) hours and to cover the claim review period. Iluka reserves the right to recover the cost of
such emergency supply if the claim is denied by Iluka or found to be fraudulent or frivolous. If
Iluka denies a claim and the claimant elects to proceed with the three (3) member committee,
Iluka will continue the emergency water supply at the claimants request during the committee's
deliberations but reserves the right to recover the total costs of emergency water supply in the
case that the committee upholds the denial of the claim. Similarly, Iluka reserves the right to
recover costs associated with the claim process if a claim is found to be fraudulent or frivolous.
If it is determined by the committee or shown to the committee's satisfaction that a well
operating under a mitigation plan similar to Iluka's Plan other than those owned and operated by
Iluka has contributed to the claimed adverse impact, Iluka's share of the costs associated with
mitigation will be allocated in proportion to its share of the impact. Such a determination shall
be made by the committee after notification of the third part well owner, giving the third party
well owner opportunity to participate in the proceedings of the committee.
PLAN ADMINISTRATION
Nothing in the Plan shall be construed to prevent the North Carolina Division of Water
Resources Staff from providing information needed for resolution of claims by the committee.
Page 3 of 3