NCG020895_COMPLETE FILE - HISTORICAL_20170614

STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
/V
DOC TYPE
HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ �ol � oto /
YYYYMMDD

Patterson, Robert D
From: Rideout, Kevin <[e-mail]>
Sent: Wednesday, June 14, 2017 1:43 PM
To: Georgoulias, Bethany
Cc: Valentine, Thad; Patterson, Robert D
Subject: RE: General Permit NCG02000
Follow Up Flag: Flag for follow up
Flag Status: Flagged
Ms. Georgoulias
I appreciate the information. We will submit a letter each year by March 15' with an update.
Thanks
Kevin Rideout
Environmental Superintendent
Iluka Resources Inc
From: Georgoulias, Bethany[mailto:bethany.georgoulias@ncdenr,gov]
Sent: Wednesday, June 14, 2017 1:09 PM
To: Rideout, Kevin
Cc: Valentine, Thad; Patterson, Robert D
Subject: RE: General Permit NCG02000
Mr. Hideout,
DMRs do not need to be submitted until industrial activities (mining, vehicle maintenance, etc.) have begun. The basis
of that interpretation is at the beginning of Part IV, Section A:
"Regulated industrial stormwater discharges are discharges of stormwater-only flows from mining activity areas,
including (but not limited to) areas of mine excavation, other land disturbance, process areas, and vehicle maintenance."
However, it might be helpful for Iluka to submit an annual DMR orjust a letter by the reporting deadline (March 1 of the
year following the sampling year) noting the status (if no required monitoring) to update DEQ,
If you have any other questions, please let us know.
Best regards,
Bethany Georgoulias
Environmental I-ngineer
Stormwater Program, Division of Energy, Mineral, and Land Resources
N.C. Department of H-nvironmenlal Quality
9198076372 office
betlianv f;eor rod uliasnnedenr.tov
1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing)
I

512 N. Salisbury Street, Raleigh, NC 27604 (location)
Website: htt :llde .nc. xov/about/divisions/ener -mineral-land-resources/stormwater
Email correspondence to and from this address is subject to the North Carolina Public Records
.Law and may be disclosed to third parties.
From: Valentine, Thad
Sent: Wednesday, June 14, 2017 9:00 AM
To: Georgoulias, Bethany<[e-mail]>
Cc: Rideout, Kevin <[e-mail]>
Subject: RE: General Permit NCG02000
Bethany
Can you answer this question for Kevin and cc me on the answer? They may not start for years
From: Rideout, Kevin[mailto:[e-mail]]
Sent: Tuesday, June 13, 2017 4:08 PM
To: Valentine, Thad <[e-mail]>
Subject: General Permit NCG02000
Mr. Valentine
We just received our General Permit for the future site of the Aurelian Springs Mine in Halifax County. Currently there
isn't any activity at the site and the site is still farm land. My question is what DMR's need to submitted to remain
complaint with the permit? Is only the Annual Summary DMR with "No Flow" entered on the report required? Any
guidance that you can provide would be appreciated.
Thanks
Kevin Rideout
Environmental Superintendent
Iluka Resources Inc
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Energy, Mineral
and Land Resources
ENVIRONMENTAL OUALITV
May 31, 2017
Mr. Clifford W. Gillham
Iluka Resources (NC) LLC
c/o Iluka Resources, Inc.
12472 St. John Church Rd.
Stony Creek, VA 23882
ROY COOPER
Gairrnar
MICI-IAEL S. REGAN
Secretory
TRACY DAVIS
0irectnr
Subject: General Permit No. NCG020000
Aurelian Springs Mine
COC NCG020895
Halifax County
Dear Mr. Gillham:
In accordance with your application for a discharge permit received on February 25, 2016, we
are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES
general permit. This permit is issued pursuant to the requirements of North Carolina General Statute
143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental
Protection Agency dated October 15, 2007 (or as subsequently amended).
Please be aware that operations cannot begin until the associated mining permit is issued.
When the operations move from this initial mining area to the next one, you must submit for a
modification to the COC since the receiving waters will change.
Please take notice that this certificate of coverage (COC) is not transferable except after notice
to the Division of Energy, Mineral and Land Resources (DEMLR). The Division may require modification
or revocation and reissuance of the certificate of coverage.
Coverage under this General Permit for this facility is granted with the condition that the
permittee performs additional sampling requirements as outlined in the amended conditions to the
COC. These special provisions were prompted by effluent limitations required as per 40 CFR 440.50; and
monitoring required under the 2015 EPA Multi -Sector General Permit (MSGP). The additional provisions
for this COC are included on pages 2-5 of the COC.
These additional parameters include metals and other constituents which may be present or will
help us interpret the measurements (such as estimating the amounts of metals that are in dissolved
form). The Division will consider the data upon submittal to determine the most appropriate permitting
actions. It is possible that this facility wilt be directed to apply for an individual NPDES stormwater
discharge permit; and to the Division of Water Resources (DWR) for an individual NPDES wastewater
discharge permit prior to the expiration of this General Permit in 2020.
State of North Carolina I linvironmental Quality I Energy, Mineral and land Resources
1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699
919 707 9200 T

This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Energy, Mineral and Land Resources, or permits required by the Division of
Water Resources (DWR), Coastal Area Management Act, or any other federal or local governmental
permit that may be required. if the conditions as stipulated in the COC are unacceptable to you, you
may apply sooner for an individual NPDES discharge permit.
If you have any questions concerning this permit, please contact Robert Patterson at
[e-mail] or [phone].
Sincerely,
Original Signed by Robert A Patterson
for Tracy E. Davis, P.E., CPM
cc: Thad Valentine — Raleigh Regional Office
Danny Smith — Raleigh Regional Office
Central Files
Stormwater Permitting Program Files
State of North Carolina I Environmental Quality I Energy, Mineral and land Resources
1612 Mail Service Center 1 512 N. Salisbury 5t. I Raleigh, NC 27699
919 707 9200 T

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCGQ20895
STORMWATER AND WASTEWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Iluka Resources (NC) LLC
is hereby authorized to discharge stormwater and wastewater from a facility located at
Aurelian Springs Mine
Aurelian Springs Road
Littleton
Halifax County
to receiving waters designated as Marsh Swamp & Mill Swamp, both class C; Sw, NSW
waters in the Tar -Pamlico River Basin, in accordance with the effluent limitations,
monitoring requirements, and other conditions set forth in Parts I, I1, I11, IV, V, and VI of
General Permit No. NCG020000 as attached, and as amended in pages 2-5 of this Certificate
of Coverage.
Amended conditions
1. This Certificate of Coverage (pp. 1-5) is an enforceable part of the permit.
2. In accordance with 1SA NCAC 02H .0114(b)(1), the monitoring program in Part IV
Section A, Table 1 Analytical Monitoring Requirements for Stormwater
Discharges from Mining Activities, and Section D, Table 7 Monitoring
Requirements for Wastewater Discharges and Table 8 Effluent Limitations For
Wastewater Discharges of this permit are amended as follows:
Page 1 of 5 1 COC No. NCG020895 effective May 31, 2017

Table 1 Analytical Monitoring Requirements for Stormwater Discharges from Mining
Activities
Discharge
Characteristics
Parameter
Code
Measurement
Frequency 1
Sample
T e4
Sample
Locations
Benchmark
Units
Settleable Solids
545
Semi-annual2
Grab
SDO
0.1
MI/1
Total Suspended Solids
530
Semi-annua12
Grab
SDO
100
m l
Turbidity6
70
Semi-annua12
Grab
SDO, U & D6
50
NTU
Iron
160
Semi-annua12
Grab
SDO
N/A
m 1
Nickel, Total Recoverable?
1067
Semi-annua12
Grab
SDO
0.335
Mg/1
Zinc, Total Recoverable?
1094
Semi-annua12
Grab
SDO
0.126
m
Antimony, Total Recoverable?
1097
Semi-annua13
Grab
SDO
0.09
m
Arsenic, Total Recoverable?
1002
Semi-annual3
Grab
SDO
0.34
Mg/1
Beryllium, Total Recoverable?
1012
Semi-annua13
Grab
SDO
0.065
m
Cadmium, Total Recoverable7
1027
Semi-annual3
Grab
SDO
0,003
mg/1
Copper, Total Recoverable7
1119
Semi-annual3
Grab
SDO
0.010
mg/1
Lead, Total Recoverable7
1051
Semi-annual3
Grab
SDO
0.075
m
Mercury, Total Recoverable7
71900
Semi-annua13
Grab
SDO
0.000012
mg/1
Selenium, Total Recoverable7
1147
Semi-annua13
Grab
SDO
0.056
m
Silver, Total Recoverable7
1077
Semi-annua13
Grab
SDO
0.0003
m I
Total Hardness as CaCO3)900
Semi-annua12
Grab
SDO
N/A
Mg/1
Total Rainfall$
--
Semi-annua12
--
--
I --
inches
Footnotes:
1. Sampling shall be performed during a measureable storm event, until either another permit is issued
for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because
of Tier Two or Three response actions under the previous General Permit, the facility shall continue a
monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the
provisions of this permit or the Division.
2. Measurement Frequency: Twice per year (unless other provisions of this permit require monthly
sampling).
3. Measurement Frequency: Once in the first year for these parameters, and then continue twice per year
(unless other provisions of this permit require monthly sampling) for all subsequent years for any
parameters for which the benchmark was exceeded in the first year.
4. Grab samples shall be collected within the first 30 minutes of discharge. Where physical separation
between outfalls prevents collecting all samples within the first 30 minutes, the permittee shall begin
sampling within the first 30 minutes, and shall continue until completed.
5. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be
kept on site with the SPPP.
6. Turbidity must be monitored at the stormwater discharge outfall (00). In addition to the SDO, the
permittee may elect to also monitor turbidity in the receiving water, directly upstream (U) and .
downstream (D) of the stormwater discharge outfall or group of outfalls to demonstrate the discharge
has not caused a water quality standard violation of turbidity. If SDO turbidity level exceeds the
benchmark, and the permittee cannot demonstrate the discharge has not caused a violation of the
Page 2 of 5 1 COC No. NCG020895 effective May 31, 2017

instream water quality standard, the Division may require the permittee to monitor turbidity up -
and downstream as part of a Tier 2 or 3 response.
7. Benchmark values apply for these parameters and prompt Tier responses as outlined in the General
Permit. Benchmark values for metals are based on one half the Final Acute Value (1/2 FAV), a threshold
used to protect against acute impacts to aquatic life.
8. For each sampled measureable storm event the total precipitation must be recorded. An on -site rain
gauge or local rain gauge reading must be recorded.
Table 7 Monitoring Requirements for Wastewater Discharges in Section D - 1., 2., 3., and 4.
Discharge
Characteristics
Parameter
Code
Units
Measurement
Frequency
Sample
Type
Sample
Location
Receiving
Waters
H
545
S.U.
Quarterlyl
Grab
E
All
Total Suspended Solids
530
mg/I
Quarterlyl
Grab
E
All
Turbidit 2
70
NTU
Quarterlyl
Grab
E, U & D2
All
Settleable Solids3
545
mi/1
Quarterlyl
Grab
E
HQW,
ORW
Iron
160
m I
Quarterlyl
Grab
E
All
Nickel, Total Recoverable5
1067
m I
Quarterlyl
Grab
E
All
Zinc, Total Recoverable5
1094
Mgjl
Quarterlyl
Grab
E
All
Antimony, Total Recoverable5
1097
mg/1
Semi-annual6
Grab
E
All
Arsenic, Total Recoverable5
1002
m9/1
Semi-annual6
Grab
E
All
Beryllium, Total Recoverable5
1012
mg/1
Semi-annual6
Grab
E
All
Cadmium, Total Recoverable5
1027
mg/1
Semi-annual6
Grab
E
All
Co er, Total Recoverable5
1119
m9/1
Semi-annual6
Grab
E
All
Lead, Total Recoverable5
1051
mg/l
Semi-annual6
Grab
E
All
Mercury, Total Recoverable5
71900
mg/l
Semi-annual6
Grab
E
All
Selenium, Total Recoverable5
1147
mg/l
Semi-annual6
Grab
E
Ail
Silver, Total Recoverables
1077
mg/l
Semi-annual6
Grab
E
All
Total Hardness as CaCO3 5
900
1 mg/1
I Quarterlyl
Grab
E
All
Daily Flow Rate4
-
cfs
I Quarterlyl
-
E
All
Footnotes:
1. The monitoring frequency is quarterly for the first year (see Table 9), and then semi-annually. If a
sample concentration exceeds any effluent limit in Table 8, monitoring frequency (all parameters)
shall return to (or remain) quarterly, until four (4) consecutive quarterly samples all meet or are below
the limit for all parametersallowing the permittee to resume/reduce to semi-annual monitoring.
2. Sample Location: E - Effluent, U - Upstream, D - Downstream. Turbidity must be monitored at the
effluent (E). If effluent levels exceed the Water Quality Standard of the receiving water, the permittee
must begin sampling turbidity directly upstream (U) and downstream (D) of the effluent outfall or group
of outfalls, in addition to the effluent, upon the next monitoring period. The permittee may contact the
DEMLR Regional Office For assistance in determining the best instream sample points. The RO may also
advise the permittee to relocate self -established instream sample points if appropriate.
Page 3 of 5 J ECIC No. NCG020895 effective May 31, 2017

3. Only facilities discharging to waters classified as HQW or ORW are required to monitor for settleable
solids.
4. Daily flow rate shall be recorded by a continuous flow measurement instrument. Alternatively, pump
curves and pump logs may be used as a means to calculate the daily flow rate.
S. No effluent limitation applies to these parameters.
6. Measurement Frequency: Once in the first year for these parameters, and then continue twice per year
(unless other provisions of this permit require monthly sampling) for all subsequent years for any
parameters for which the benchmark in Table 1 was exceeded in the first year.
Table 8 Effluent Limitations For Wastewater Discharges
Discharge Characteristics
Effluent Limitations
Monthly Avera el
Daily Maximuml
Total Suspended Solids
20 m I
30 mg/1
Iron
1.0 Mg/1
2.0 mg/1
H Ran e2 (freshwaters)
6.0 - 9.1
6.0 - 9.1
Turbidity3
--------
N/A See Below
Settleable Solids H W, ORW, SA, SB, PNA, & all Tr waters
0.1 m I
0.2 mg/1
Daily Flow Rate HQW OR 4
-------
50% of 7Q106
Footnotes:
1. Note that for a semi-annual or quarterly sampling schedule, the sample result counts as both the Daily
Maximum and Monthly Average value. More frequent samples may be conducted to calculate averages
but must all be reported to NC DEQ.
2. Designated swamp waters can have a pH as low as 4.3 because of natural conditions. In such cases,
Federal Effluent -Guidelines (40 CFR §436) allow the lower range of the pH limitations to be adjusted
downward to no lower than 5.0. The permittee must sample instream to demonstrate a lower limit is
appropriate.
3. No limit in the effluent discharge applies, but turbidity in the receiving waters shall not exceed levels
described below as a result of wastewater discharges.
4. The total daily flow rate of wastewater for all discharges combined (that discharge to the same receiving
waters) shall not exceed 50 percent of the total in -stream flow rate of the receiving waters under 7Q10
conditions in HQW/ORW waters, including HQW/ORW trout and PNA waters.
The discharge shall not cause the turbidity of the receiving water to exceed Water Quality
Standards:
25 NTU (all lakes and reservoirs, and all salt waters);
50 NTU [all other streams and surface waters).
Page 4 of 5 1 COC No. NCG020895 effective May 31, 2017

This certificate of coverage shall become effective May 31, 2017.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day May 31, 2017.
Original Signed by Robert D. Patterson
for Tracy E. Davis, P.E., Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission
Page 5 of 5 1 COC No. NCG020895 effective May 31, 2017

Patterson, Robert D
From: Valentine, Thad
Sent: Wednesday, May 31, 2017 9S1 AM
To: Patterson, Robert D
Subject: RE: Iluka Resources - Aurelian Springs Mine
Robert
I have no comments
From: Patterson, Robert D
Sent: Wednesday, May 31, 2017 9:20 AM
To: Valentine, Thad <[e-mail]>; Denton, Bill <[e-mail]>
Cc: Smith, Danny <[e-mail]>
Subject: FW: Iluka Resources - Aurelian Springs Mine
Gentlemen — I know normally we go ahead with GP issuance if the RO doesn't respond with comments after 30
days. However, with this one being a bit unusual i wanted to confirm if RRO had any comments before I issue this
augmented COC. Attached is the augmented COC. I spoke with Janet, and the mining permit is just waiting for the dam
safety approvals. She is ok with issuing this COC.
Thanks.
Robert D. Patterson, P.E.
Environmental Engineer
919-807-6369 1 Robert. [e-mail]
htt s: de .nc. av about divisions ener -mineral-land-resources stormwater
NC Dept. of Environmental Quality
DEMLR Stormwater Permitting Program
512 N. Salisbury St.
1612 Mail Service Center
Raleigh, NC 27699-1612
Email CorreSpOndenCe to and from this address is subject to the North Corolino Public Records Low and may be disclosed to third parties,
From: Patterson, Robert D
Sent: Monday, May 08, 2017 1:24 PM
To: Valentine, Thad <[e-mail]>
Subject: FW; Iluka Resources - Aurelian Springs Mine
Thad — After reviewing some of Ken's notes on this one, and some discussion with Danny this morning, I'm more
comfortable covering them under NCG02 with the attached augmented COC. Please let me know if you have any
comments on it by May 29, 2017.
Janet said they are just waiting on the dam safety approvals before issuing the mining permit. She is ok with us moving
forward with the NCG02.
Thanks
Robert D. Patterson, P.E.
Stormwater Engineer
NCDEQ I DEMLR I Stormwater Permitting Program

919-907-6369 1 Robert. PattersoniTncdenr.gov
512 N. Salisbury St. I Raleigh, NC 27604
1612 MSC I Raleigh, NC 27699-1612
http://Porta l.nc_denr.orp/web/I r/stormwater
Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties.
From: Patterson, Robert D
Sent: Friday, April 28, 2017 1:26 PM
To: Valentine, Thad <[e-mail]>
Cc: Smith, Danny <[e-mail]>
Subject: lluka Resources - Aurelian Springs Mine
Thad & Danny,
I forwarded to Danny's attention the NO1, Operations Plan, Mine Plans, SW Calcs., and the Concentrator Plant Plans for
the subject mine. I saw in the file from Ken that Danny has some This is one that Ken Pickle started back in 2014. I'm
just picking it up now after his retirement some months ago. I don't know all the history, but we somehow ended up
having them apply for coverage under NCG02 even though it is a metal ore mine (titanium). If we still are comfortable
with covering a metal mine under the GP, I have attached the DRAFT augmented COC. We should probably all get
together to discuss this one before the COC is issued. Do you both have any availability next week? (Wednesday does
not work for me next week)
COC # Facility I Location City/County
NCG020895 Aurelian Springs Mine Aurelian Springs Rd. LittEeton/Halifax
Have a great weekend!
Robert D. Patterson, P.E.
Stormwater Engineer
NCDEQ I DEMLR I Stormwater Permitting Program
919-907-6369 j [e-mail]
512 N. Salisbury St. I Raleigh, NC 27604
1612 MSC I Raleigh, NC 27699-1612
http://porta l.ncden r.org/web/Ir/stormwater
Email correspondence to and from this address is subject to the North Carolina Public Records tow and may be disclosed to third parties.

Patterson, Robert D
From: Georgoulias, Bethany <[e-mail]>
Sent: Friday, April 28, 2017 10:27 AM
To: [e-mail]
Subject: [Denr.dlr.strmperm] Record of "Special" Augmented COCs
Attachments: ATT00001.txt
Follow Up Flag: Fallow up
Flag Status: Flagged
Stormiings:
Over the past few years, we have issued "Augmented COCs" from time to time to require additional monitoring for
certain sites covered under the general permit. There are two more COCs like this in the works, and it reminded me we
can't lose track of them — they need special consideration at the time of GP renewal so they don't just fall into the batch
of "automatically renewed" without attention.
So, I've set up a folder on the Shared Drive with these records (COC and cover letters):
S:\SWP-Non Point Source\Wetlands and SH2O\Stormwater Permitting Unit\General Permits - Stormwater\
AUGMENTED COCs - REVIEW at RENEWAL
In that folder, you'll see folders for each General Permit.
Thanks,
Bg
Bethany Georgoulias
Environmeni a 1 langineer
Stormwater Program, Division of Energy, Mineral, and I -and Resources
N.C. Department of Environmental Quality
919 807 6372 office
bethany.geor =off uliasnncdenngov
1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing)
512 N. Salisbury Street, Raleigh, NC 27604 (location)
Website: httn://deo.nc.izov/about/divisions/enerp-v-mineral-land-resources/stonnwater
lunarl correspondence to and from this address is subject to the North Carolina Public Records
Law and tray be disclosed to third parties.

Patterson, Robert D
From: Jon Frazier <[e-mail]>
Sent: Wednesday, April 26, 2017 11:36 AM
To: Patterson, Robert D
Subject: Re: Aurelian Springs Mine NPDES Permit Application
Follow Up Flag: Follow up
Flag Status: Flagged
Thanks, Robert. That's my understanding as well regarding the mining permit.
We'll just want to understand what additional work is needed to satisfy the NPDES permit once you have a
handle on it. Don't hesitate to reach out with any questions. 1 worked pretty closely with Ken while putting that
together.
Thanks,
Jon
From: Patterson, Robert D <[e-mail]>
Sent: Wednesday, April 26, 2017 10:36:00 AM
To: Jon Frazier
Subject: RE: Aurelian Springs Mine NPDES Permit Application
Jon — I've just started getting familiar with this permit application. I hope to make some progress on it over the next few
weeks. Also, I have been in contact with Janet Boyer in the mining group about it. You'll want to contact her directly,
but it sounds like they are just waiting on dam safety to complete their review.
Thanks.
Robert D. Patterson, P.E.
Stormwater Engineer
NCDEQ I DEMLR I Stormwater Permitting Program
919-807-6369 1 Robert. Patterson 12ncdenr.gov
512 N. Salisbury St. I Raleigh, NC 27604
1612 MSC I Raleigh, NC 27699-1612
http://portal. ncden r.orpJweb/I r/stormwater
Email correspondence to and from this address is subject to the North Carolina Public Records iow and may be disclosed to third parties.
From: Georgoulias, Bethany
Sent: Wednesday, April 26, 2017 10:31 AM
To: Jon Frazier <[e-mail]>
Cc: Patterson, Robert D <[e-mail]>
Subject: RE: Aurelian Springs Mine NPDES Permit Application
Jon,
Robert Patterson is the new contact. I've copied him here.

Regards,
Bethany Georgoulias
Environmental Engineer
Stonnwater Program, Division of Energy, Mineral, and Land Resources
N.C. Department of Environmental Quality
919 807 6372 office
bet hany.geori<oulias[?a nc�gov
1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing)
512 N. Salisbury Street, Raleigli, NC 27604 (location)
Website: hitp://deg.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
Email correspondence to and from this address is subject to the North Carolina Public Records
Law and may be disclosed to third parties.
From: Jon Frazier[mailto:[e-mail]]
Sent: Wednesday, April 26, 2017 8:31 AM
To: Georgoulias, Bethany <bethan . eor oulias ncdenr. ov>
Subject: Aurelian Springs Mine NPDES Permit Application
Hi, Bethany.
Last February (2016), 1 submitted the above NPDES permit application to Ken Pickle. I have not received any feedback
on the review, and Annette informed me that he retired last year. The permit has not been a high priority of the mine
operator, Iluka Resources, but they are now interested in picking it back up. Do you know who might be overseeing that
review?
Thanks for your help!
Jon D. Frazier, PE, LEED AP
Principal
FLMENGINEERING
PO Box 91727
Raleigh, NC 27675
c 1919.610.1051
www.flmengineering.com

Patterson, Robert D
From: Boyer, Janet
Sent: Monday, April 24, 2017 1:09 PM
To: Patterson, Robert D
Cc: cook, Shane, Denton, Bill
Subject: RE: tluka mine
Robert,
I am okay with issuing the NCG02. Of course, they can't do anything until they get the mining permit and we are holding
that until dam safety approvals are completed.
thanks
Janet S. Boyer, PE
State Mining Specialist
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
919-707-9220 office
Janet.boyer0)ncdenr.pov
512 N. Salisbury Street — Archdale Building
1612 Mail Service Center
Raleigh, NC 27699
k. Nothing Compares--%—,
Ernail correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Patterson, Robert D
Sent: Thursday, April 13, 2017 11:08 AM
To: Boyer, Janet <[e-mail]>
Subject: RE: Iluka mine
Janet — At the last NCG02 revision, we changed it so we don't have to hold it for the mining permit. Are you ok with us
issuing it, or would you prefer I wait until the mining permit and dam safety is ready?
Thanks!
Robert D. Patterson, P.E.
Stormwater Engineer
NCDEQ 4 DEMLR I Stormwater Permitting Program
919-807-6369 1 Robert. PattersonOncdenr.eov
512 N. Salisbury St. I Raleigh, NC 27604
1612 MSC I Raleigh, NC 27699-1612
htto://Portal.ncdenr,orglweb/Ir/stormwater
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.

From: Boyer, Janet
Sent: Thursday, March 02, 2017 3:06 PM
To: Patterson, Robert D <robert. atterson ncdenr. ov>
Subject: RE: Iluka mine
The Iluka permit will be issued when they get the dam safety approvals. I am not sure how close they are on that. I
think all other issues have been resolved. Just let me know if you would like to look at the file.
Janet
Janet S. Boyer, PE
State Mining Specialist
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
919-707-9220 office
Janet. bove r(a)ncdenr.gov
512 N. Salisbury Street — Archdale Building
1612 Mail Service Center
Raleigh, NC 27699
Acf�- -'` Nothing Compares_
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Wehner, Judy
Sent: Monday, February 27, 2017 3:55 PM
To: Patterson, Robert D <[e-mail]>
Cc: Boyer, Janet <[e-mail]>
Subject: RE: Iluka mine
Janet is handling that one.
I would be glad to help but she needs yo be involved.
What did you do to him?
From: Patterson, Robert D
Sent: Monday, February 27, 2017 3:42 PM
To: Wehner, Judy <[e-mail]>
Subject: Iluka mine
Good afternoon Judy I
Bradley gave me this NPDES mining permit to work on. He suggested I get with you to discuss and find out when you
think the mining permit may get issued. Do you have some time this week to discuss?
Thanks!
Robert D. Patterson, P.E.
Stormwater Engineer
2

FLMENGINEERING RFr \,"*T)
FEB 2 5 2016
February 25, 2016 DENR-LAND QUALITY
STORMWATER PERivill i ING
Ken Pickle
Environmental Engineer
Stormwater Program — Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
512 N. Salisbury Street
Raleigh, NC 27604
Subject: Iluka Resources (NC) LLC
Aurelian Springs Mine
NPDES NCG02 Application
Dear Mr. Pickle:
Enclosed, you will find four (4) copies of the following items for the above permit application
submittal:
• NDPES NCG02 Notice of Intent (NOI);
• NOI checklists guides for the NOI final checklist and Pumping Operation and Monitoring
(POM) plan checklist;
• the POM plan; and
• the Mining Program -approved mine operations plan and associated figures and
appendices.
Please note that the representative outfall status (ROS) proposal is outlined in the operations plan
in Section 9, and the locations have been depicted on the Erosion and Sediment Control Plans
(Appendix G of the operations plan) overall plan, sheet 6, per your request.
Thank you, and please let us know if you have any questions or need any additional information.
Sincerely,
Jon D. Frazier, PE, LEED AP
Principal
919-610.1051
[e-mail]
© 2016 FLM Engineering, Inc. Page 1 of 1
February 25, 2016
PO Box 91727, Raleigh, NC 27675 p 1919.610.1051

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FLMENGINEERING
TRANSMITTAL
Date: February 25, 2016
To: NCDEQ DEMLR
512 N. Salisbury Street
Raleigh, NC 27604
Attn: Ken Pickle
Reference: Iluka Aurelian Springs NPDES NCG02 Application
We are sending the following items:
1p—
FEB 2 5 ZiG
pENR-LAND QUALITY
STORMWATERF'ER 11"1+ING
Copies
Description
Date
1
Cover Letter
2016-02-25
1
Fee Check
2016-02-25
4
NCG02 NOI
2016-02-25
4
NOI Checklist Guide
2016-02-25
4
POM Plan
2016-02-25
4
Mining Pro ram -a raved O erations Plan
2016-02-25
4
Operations Plan Appendix G — Erosion and Sediment Control Plans
2016-02-25
4
Operations Plan Appendix I -- Concentrator Site Plans
2016-02-25
4
Operations Plan Appendix H — Concentrator Site Stormwater Report
2003-02-25
These items are transmitted:
® For Review & Comment
Sincerely,
FLM Engineering, Inc.
Jon D. Frazier, PE
jfrazierr,'a�flmengineerina. com
❑ As Requested
❑ For Your Use
Received by:
Name
Date
Signature
❑ For Approval
0 2016 FLM Engineering, Inc. Page 1 of 1
PO Box 91727, Raleigh, NC 27675 p 1919.610.1051
February 25, 2016

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FLMENGINEERING
TRANSMITTAL
Date: February 25, 2016
To: NCDEQ DEMLR
512 N. Salisbury Street
Raleigh, NC 27604
Attn: Ken Pickle
Reference: Iluka Aurelian Springs NPDES NCG02 Application
We are sending the following items:
Copies
Description
Date
1
Cover Letter
2016-02-25
1
Fee Check
2016-02-25
4
NCG02 NOI
2016-02-25
4
NOI Checklist Guide
2016-02-25
4
POM Plan
2016-02-25
4
Mining Program -approved Operations Plan
2016-02-25
4
Operations Plan Appendix G -- Erosion and Sediment Control Plans
2016-02-25
4
Operations Plan Appendix I — Concentrator Site Plans
2016-02-25
4
I.Operations Plan Appendix H — Concentrator Site Stormwater Report
2003-02-25
These items are transmitted:
® For Review & Comment
Sincerely,
FLM Engineering, Inc.
Jon D. Frazier, PE
ifr_a_ zier(a)-flmengineering.com
❑ As Requested ❑ For Your Use ❑ For Approval
Received by:
Name
Date
Signature
® 2016 FILM Engineering, Inc.
Page 1 of 1
PO Box 91727, Raleigh, NC 27675 p 1 919.610.1051
February 25, 2016

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Pickle, Ken
From: Vinson, Toby
Sent: Friday, February 26, 2016 8:10 AM
To: Pickle, Ken; Bennett, Bradley; Georgoulias, Bethany
Cc: Wehner, Judy; Boyer, Janet; Holley, John; Smith, Danny
Subject: RE: Sometimes your dreams come true
Thanks Ken. We also received our first Dam Construction Application from them.
William E. Toby Vinson, Jr., PE, CPESC, CPM
Section Chief
Division of Energy, Mineral, and Land Resources — Land Quality Section
Department of Environmental Quality
919-707-9220
[e-mail]
1612 Mail Service Center
Raleigh, NC 27699
Nothing Compares--,
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Pickle, Ken
Sent: Thursday, February 25, 2016 5:36 PM
To: Bennett, Bradley <[e-mail]>; Georgoulias, Bethany<[e-mail]>
Cc: Wehner, Judy <[e-mail]>; Boyer, Janet <[e-mail]>; Vinson, Toby
<[e-mail]>; Holley, John <[e-mail]>; Smith, Danny <[e-mail]>
Subject: Sometimes your dreams come true
Today Jon Frazier, consultant, delivered the Iluka submittal for coverage under NCG02. The package includes:
• A 69-page Pumping Operation and Monitoring Plan
• A 137-page Operations Plan
• A 33-sheet set of half-size drawings for the Concentrator plant site
• A 294-page Stormwater Hydrology and Hydraulics Report
• A 22-sheet set of full size drawings of the Erosion and Sediment Control Plan
• A 2-page NO1 checklist and locator document
• A 1-page transmittal form
• A 1-0age cover letter
A check for $100
• And last, but not quite least, our 12-page NO1 for coverage under NCG02.
Interestingly, Iluka wants to start production in 1Q 2018.
1

Jon specifically did not relay any interim scheduling needs from the applicant, at least at this time.
Ken
Ken Pickle
Stormwater Program Specialist
DEMLR Stormwater Permitting Program
Department of Environmental quality
919 807 6376 office
[e-mail]
1612 Mail Service Center, Raleigh, NC 27699-1612
512 N. Salisbury St, Raleigh, NC 27604
I - C--
�Nothtng Compares..-ti.,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Multi -Sector General Permit (MSGP)
Part 8 - Sector -Specific Requirements for Industrial Activity
Subpart G - Sector G - Metal Mining.
You must comply with Part 8 sector -specific requirements associated with your primary
industrial activity and any co -located industrial activities, as defined in Appendix A. The sector -
specific requirements apply to those areas of your facility where those sector -specific activities
occur, These sector -specific requirements are in addition to any requirements specified
elsewhere in this permit.
Note; Where compliance with a requirement in a separate exploration permit, mining permit,
reclamation plan, Surface Mining Control and Reclamation Act (SMCRA) requirements, etc. will
result in you fully meeting any requirement in this Subpart, you are considered to have complied
with the relevant requirement in this Subpart. You must include documentation in your SWPPP
describing your rationale for concluding that any particular action on your part is sufficient to
comply with the corresponding requirement in this Subpart.
8.G.1 Covered Stormwater Discharges.
The requirements in Subpart G apply to stormwater discharges associated with industrial
activity from Metal Mining facilities, including mines abandoned on Federal lands, as identified
by the SIC Codes specified under Sector O in Table D-1 of Appendix D. Coverage is required for
metal mining facilities that discharge stormwaier contaminated by contact with, or that has
come into contact with, any overburden, raw material, intermediate product, finished product,
byproduct, or waste product located on the site of the operation.
8.G.1.1 Covered Discharges from inactive Facilities. All stormwater discharges.
S.G.1.2 Covered Discharges from Active and temporarily inactive Facilities, Only the
stormwater discharges from the following areas are covered:
• Waste rock and overburden piles if composed entirely of stormwater and not
combined with mine drainage;
• Topsoil piles;
• Oftsite haul and access roads;
• Onsite haul and access roads constructed of waste rock, overburden or spent ore if
composed entirely of stormwater and not combining with mine drainage;
• Onsite haul and access roads not constructed of waste rack, overburden or spent
ore except if mine drainage is used for dust control;
• Runoff from tailings dams or dikes when not constructed of waste rock or tailings
and no process fluids are present;
• Runoff from tailings darns or dikes when constructed of waste rock or tailings and
no process fluids are present, if composed entirely of stormwater and not
combining with mine drainage;
• Concentration building if no contact with material piles;
• Mill site if no contact with material piles;
• Office or administrative building and housing if mixed with stormwater from
industrial area;
• Chemical storage area:
• Docking facility if no excessive contact with waste product that would otherwise
constitute mine drainage;
• Explosive storage;
• Fuel storage:
• vehicle and equipment maintenance area and building;
41 Parking areas (if necessary);
• Power plant;
Page 68

Multi -Sector General Permit (MSGP)
• Truck wash areas if no excessive contact with waste product that would otherwise
constitute mine drainage;
• Unreclaimed, disturbed areas outside of active mining area;
• Reclaimed areas released from reclamation requirements prior to December 17,
1990;
• Partially or inadequately reclaimed areas or areas not released from reclamation
requirements.
8.G.1.3 Covered Discharges from Earth -Disturbing Activities Conducted Prior to Active Mining
Activities. All stormwater discharges.
8.G.1.4 Covered Discharges from Facilities Undergoing Reclamation. All stormwater discharges.
8.G.2 Limitations on Coverage.
8.G.2.1 Prohibition of Stormwater Discharges. Stormwater discharges not authorized by this
permit: discharges from active metal mining facilities that are subject to effluent
limitation guidelines for the Ore Mining and Dressing Point Source Category (40 CFR Part
440).
Note: Stormwater runoff from these sources are subject to 40 CFR fart 440 if they are
mixed with other discharges subject to Part 440. In this case, they are not eligible for
coverage under this permit. Discharges from overburden/waste rock and
overburden/waste rock -related areas are not subject to 40 CFR Part 440 unless they:
(1) drain naturally (or are intentionally diverted) to a point source; and (2) combine
with "mine drainage" that is otherwise regulated under the Part 440 regulations. For
such sources, coverage under this permit would be available if the discharge
composed entirely of stormwater does not combine with other sources of mine
drainage that are not subject to 40 CFR Part 440, and meets the other eligibility criteria
contained in Part 1.1 of the permit. Operators bear the initial responsibility for
determining if they are eligible for coverage under this permit, or must seek coverage
under another NPDES permit. EPA recommends that operators contact the relevant
NPDES permit issuance authority for assistance to determine the nature and scope of
the "active mining area' on a mine -by -mine basis, as well as to determine the
appropriate permitting mechanism for authorizing such discharges.
8.G.2.2 Prohibition of Non-Stormwater Discharges. Not authorized by this permit: adit drainage,
and contaminated springs or seeps discharging from waste rock dumps that do not
directly result from precipitation events (see also the standard Limitations on Coverage
in Part 1.1.4). (EPA includes these prohibited non-stormwater discharges here solely as a
helpful reminder to the operator that the only non-stormwater discharges authorized by
this permit are at Part 1.1.3)
8.G.3 Definitions.
The following definitions are not intended to supersede the definitions of active and
inactive mining facilities established by 40 CFR 122.26(b)(14)(iii).
8.G.3.1 Mining operations - For this permit, mining operations are grouped into two distinct
categories, with distinct effluent limits and requirements applicable to each: a) earth -
disturbing activities conducted prior to active mining activities); and b) active mining
activities, which includes reclamation. "Mining operations" can occur at both inactive
mining facilities and temporarily inactive mining facilities.
8.G.3.2 Earth -disturbing activities conducted prior to active mining activities -- Consists of two
classes of earth -disturbing (i.e., clearing, grading and excavation) activities:
Page 69

Multi -Sector General Permit (MSGP)
a. activities performed for purposes of mine site preparation, including: cutting new
rights of way (except when related to access road construction); providing access to a
mine site for vehicles and equipment (except when related to access road
construction); other earth disturbances associated with site preparation activities on
any areas where active mining activities have not yet commenced (e.g., for heap
leach pads, waste rock facilities, failings impoundments, wastewater treatment plants);
and
b. construction of staging areas to prepare for erecting structures such as to house
project personnel and equipment, mill buildings, etc., and construction of access
roads. Earth -disturbing activities associated with the construction of staging areas and
the construction of access roads conducted prior to active mining are considered to
be "construction" and have additional effluent limits in Part 8.G.4.2.
8.G.3.3 Active mining activities - Activities related to the extraction, removal or recovery, and
benefication of metal ore from the earth; removal of overburden and waste rock to
expose mineable minerals; and site reclamation and closure activities. All such activities
occur within the "active mining area." Reclamation involves activities undertaken, in
compliance with applicable mined land reclamation requirements, to return the land
to an appropriate post -mining contour and land use in order to meet applicable
federal and state reclamation requirements. In addition, once earth -disturbing activities
conducted prior to active mining activities have ceased and all related requirements in
Part 8.G.4 have been met, and a well -delineated "active mining area" has been
established, all activities (including any clearing, grading, and excavation) that occur
within the active mining area are "active mining activities."
8.G.3.4 Active mining area - A place where work or other activity related to the extraction,
removal or recovery of metal ore is being conducted, except, with respect to surface
mines, any area of land on or in which grading has been completed to return the earth
to desired contour and reclamation work has begun.
Note: Earth -disturbing activities described in the definition in Part 8.G.3.2 that occur on
areas outside the active mining area (e.g., for expansion of the mine into undeveloped
territory) are considered "earth -disturbing conducted prior to active mining activities",
and must comply with the requirements in Part 8.G.4.
8.G.3.5 Inactive metal mining facility - A site or portion of a site where metal mining and/or
milling occurred in the past but there are no active mining activities occurring as
defined above, and where the inactive portion is not covered by an active mining
permit issued by the applicable state or federal agency. An inactive metal mining
facility has an identifiable owner / operator. Sites where mining claims are being
maintained prior to disturbances associated with the extraction, beneficiation, or
processing of mined materials and sites where minimal activities are undertaken for the
sole purpose of maintaining a mining claim are not considered either active or inactive
mining facilities and do not require an NPDES industrial stormwater permit.
8.G.3.6 Temporarily inactive metal mining facility - A site or portion of a site where metal
mining and/or milling occurred in the past but currently are not being actively
undertaken, and the facility is covered by an active mining permit issued by the
applicable state or federal agency.
8.G.4 Requirements Applicable to Earth -Disturbing Activities Conducted Prior to Active Mining
Activities.
Stormwater discharges from earth -disturbing activities conducted prior to active mining
activities (defined in Part 8.G.3.2) are covered under this permit. For such earth -disturbing
Page 70

Multi -Sector General Permit (MSGP)
activities, you must comply with all applicable requirements in Parts 1-9 of the MSGP except for
the technology -based effluent limits in Part 8.G.5 and Part 2.1.2, the inspection requirements in
Part 8.G.7 and Part 3, and the monitoring requirements in Part 8.G.8 and Part 6.
Authorized discharges from areas where earth -disturbing activities have ceased and
stabilization as specified in Part 8.G.4.1.9 or 8.G.4.2.1 1, where appropriate, has been completed
(stabilization is not required for areas where active mining activities will occur), are no longer
subject to the Part 8.G.4 requirements. At such time, authorized discharges become subject to
all other applicable requirements in the MSGP, including the effluent limits in Parts 2.1.2 and
8.G.5, the inspection requirements in Parts 3 and 8.G.7, and the monitoring requirements in Parts
6 and 8.G.8.
8.G.4.1 Technology -Based Effluent limits Applicable to All Earth -Disturbing Activities Conducted
Prior to Active Mining Activities, The following iechnology-based effluent limits apply to
authorized discharges from all earth -disturbing activities conducted prior to active
mining activities defined in Part 8.G.3.2(a) and 8.G.3.2(b). These limits supersede the
technology -based limits listed in Part 2.1.2 and Part 8.G.5 of the MSGP.
8.G.4.1.1 Erosion and sediment control installation requirements.
• By the time construction activities commence, install and make
operational downgradient sediment controls, unless this timeframe is
infeasible. If infeasible you must install and make such controls operational
as soon as practicable or as soon as site conditions permit.
• All other stormwater controls described in the SWPPP must be installed
and made operational as soon as conditions on each portion of the site
allows.
8.G.4.1.2 Erosion and sediment control maintenance requirements. You must:
• Ensure that all erosion and sediment controls remain in effective operating
condition.
• Wherever you determine that a stormwater control needs maintenance
to continue operating effectively, initiate efforts to fix the problem
immediately after its discovery, and complete such work by the end of
the next work day.
• When a stormwater control must be replaced or significantly repaired,
complete the work within 7 days, unless infeasible. If 7 days is infeasible,
you must complete the installation or repair as soon practicable.
8.G.4.1.3 Perimeter controls. You must:
• Install sediment controls along those perimeter areas of your disturbed
area that will receive stormwater, except where site conditions prevent
the use of such controls (in which case, maximize their installation to the
extent practicable).
• Remove sediment before it accumulates to one-half of the above -ground
height of any perimeter control.
8.G.4.1.4 Sediment track -out. For construction vehicles and equipment exiting the site
directly onto paved roads, you must:
• Use appropriate stabilization techniques to minimize sediment track -out
from vehicles and equipment prior to exit;
• Use additional controls to remove sediment from vehicle and equipment
tires prior to exit, where necessary;
• Remove sediment that is tracked out onto paved roads by end of the
work day.
Page 71

Multi -Sector General Permit (MSGP)
Note: EPA recognizes that some fine grains may remain visible on the surfaces
of off -site streets, other paved areas, and sidewalks even after you have
implemented sediment removal practices. Such "staining" is not a violation of
Part 8.G.4.1.4.
S.G.4.1.5 Soil or sediment stockpiles. You must:
• Minimize erosion of stockpiles from stormwaler and wind via temporary
cover, if feasible.
• Prevent up -slope stormwaler flows from causing erosion of stockpiles (e.g.,
by diverting flows around the stockpile).
• Minimize sediment from stormwaler that runs off of stockpiles, using
sediment controls (e.g., a sediment barrier or downslope sediment
control).
8.G.4.1.6 Sediment basins. If you intend to install a sediment basin to treat stormwater
from your earth -disturbing activities, you must:
• Provide storage for either (1) the 2-year, 24-hour storm, or (2) 3,600 cubic
feet per acre drained.
• Prevent erosion of (1 ) basin embankments using stabilization controls (e.g.,
erosion control blankets), and (2) the inlet and outlet points of the basin
using erosion controls and velocity dissipation devices.
8.G.4.1.7 Minimize dust. You must minimize the generation of dust through the
appropriate application of water or other dust suppression techniques that
minimize pollutants being discharged into surface waters.
8.G.4.1.8 Restrictions on use of treatment chemicals. If you intend to use sediment
treatment chemicals at your site, you are subject to the following minimum
requirements:
• Use conventional erosion and sediment controls prior to and after
application of chemicals;
• Select chemicals suited to soil type, and expected turbidity, pH, flow rate;
• Minimize the discharge risk from stored chemicals;
• Comply with state/local requirements;
• Use chemicals in accordance with good engineering practices and
specifications of chemical supplier;
• Ensure proper training;
• Provide proper SWPPP documentation.
If you plan to use cationic treatment chemicals (as defined in Appendix A),
you are ineligible for coverage under this permit, unless you notify your
applicable EPA Regional Office in advance and the EPA Regional Office
authorizes coverage under this permit after you have included appropriate
controls and implementation procedures designed to ensure that your use of
cationic treatment chemicals will not lead to a violation of water quality
standards.
8.G.4.1.9 Site stabilization requirements for earth -disturbing activities performed for
purposes of mine site preparation as defined in 8.G.3.2(a) (i.e., not applicable
to construction of staging areas for structures and access roads as defined in
8.G.3.2(b)). You must comply with the following stabilization requirements
except where the intended function of the site accounts for such disturbed
earth (e.g., the earth disturbances will become actively mined, or the controls
implemented at the active mining area effectively control the disturbance)
Page 72

Multi -Sector General Permit (MSGP)
(although you are encouraged to do so within the active mining area, where
appropriate):
• Temporary stabilization of disturbed areas. Stabilization measures must be
initiated immediately in portions of the site where earth -disturbing
activities performed for purposes of mine site preparation (as defined in
8.G.3.2(a)) have temporarily ceased, but in no case more than 14 days
after such activities have temporarily ceased. In arid, semi -arid, and
drought -stricken areas, or in areas subject to snow or freezing conditions,
where initiating perennial vegetative stabilization measures is not possible
within 14 days after earth -disturbing activities performed for purposes of
mine site preparation has temporarily ceased, temporary vegetative
stabilization measures must be initiated as soon as practicable. Until
temporary vegetative stabilization is achieved, interim measures such as
erosion control blankets with an appropriate seed base and tackifiers
must be employed. In areas of the site where earth -disturbing activities
performed for purposes of mine site preparation have permanently
ceased prior to active mining, temporary stabilization measures must be
implemented to minimize mobilization at sediment or other pollutants until
active mining activities commence.
• Final stabilization of disturbed areas. Stabilization measures must be
initiated immediately where earth -disturbing activities performed for
purposes of mine site preparation (as defined in 8.G.3.2(a)) have
permanently ceased, but in no case more than 14 days after the earth -
disturbing activities have permanently ceased. In arid, semi -arid, and
drought -stricken areas, or in areas subject to snow or freezing conditions,
where initiating perennial vegetative stabilization measures is not possible
within 14 days otter earth -disturbing activities have permanently ceased,
final vegetative stabilization measures must be initiated as soon as
possible. Until final stabilization is achieved, temporary stabilization
measures, such as erosion control blankets with an appropriate seed base
and tackifiers, must be used.
8.G.4.2 Additional Technology -Based Effluent Limits Applicable Only to the Construction of
Staging Areas for Structures and Access Roads. The fallowing technology -based
effluent limits apply to authorized discharges from earth -disturbing activities associated
with the construction of staging areas and the construction of access roads, as defined
in Part 8.G.3.2(b). These limits supersede the technology -based limits listed in Part 2.1.2
and Part 8.G.5 of the MSGP. These limits do not apply to earth -disturbing activities
performed for purposes of mine site preparation (as defined in 8.G.3.2(a)).
8.G.4.2.7 Area of disturbance. You must minimize the amount of soil exposed during
construction activities.
8.G.4.2.2 Erosion and sediment control design requirements. You must:
• Design, install and maintain effective erosion and sediment controls to
minimize the discharge of pollutants from construction activities. Account
for the following factors in designing your erosion and sediment controls:
o The expected amount, frequency, intensity and duration of
precipitation;
o The nature of stormwater runoff and run-on at the site, including
factors such as impervious surfaces, slopes and site drainage
features;
o The range of soil particle sizes expected to be present on the site.
Page 73

Multi -Sector General Permit (MSGP)
Direct discharges from your stormwater controls to vegetated areas of
your site to increase sediment removal and maximize stormwater
infiltration, including any natural buffers, unless infeasible. Use velocity
dissipation devices if necessary to prevent erosion when directing
stormwater to vegetated areas.
If any stormwater flow becomes or will be channelized at your site, you
must design erosion and sediment controls to control both peak flowrates
and total stormwater volume to minimize channel and streambonk
erosion and scour in the immediate vicinity of discharge points.
If you install stormwater conveyance channels, they must be designed to
avoid unstabilized areas on the site and to reduce erosion, unless
infeasible. In addition, you must minimize erosion of channels and their
embankments, outlets, adjacent streambanks, slopes, and downstream
waters during discharge conditions through the use of erosion controls
and velocity dissipation devices within and along the length of any
constructed stormwater conveyance channel, and at any outlet to
provide a non -erosive flow velocity.
8.G.4.2.3 Natural Buffers. For any stormwater discharges from construction activities
within 50 feet of a water of the U.S., you must comply with one of the
following compliance alternatives:
I . Provide a 50-foot undisturbed natural buffer between construction
activities and the water of the U.S.; or
2. Provide an undisturbed natural buffer that is less than 50 feet
supplemented by additional erosion and sediment controls, which in
combination, achieve a sediment load reduction that is equivalent to a
50-foot undisturbed natural buffer; or
3. If it is infeasible to provide an undisturbed natural buffer of any size,
implement erosion and sediment controls that achieve a sediment load
reduction that is equivalent to a 50-foot undisturbed natural buffer.
There are exceptions when buffer requirements do not apply:
• There is no stormwater discharge from construction disturbances to a
water of the U.S;
• The natural buffer has already been eliminated by preexisting
development disturbances;
• The disturbance is for the construction of a water -dependent structure or
construction approved under a CWA section 404 permit;
• For linear construction projects, you are not required to comply with the
requirements if there are site constraints provided that, to the extent
feasible, you limit disturbances within 50 feet of a water of the U.S. and/or
you provide supplemental erosion and sediment controls to treat
stormwater discharges from any disturbances within 50 feet of a water of
the U.S.
See
http://water.epa.gov/polwaste/npdes/stormwater/upload/cag20l2 append
ix df for guidance on complying with these alternatives.
Page 74

Multi -Sector General Permit (MSGP)
S.G.4.2.4 Soil or sediment stockpiles. In addition to the requirements in Part 8.G.4.1.5,
you must locate any piles outside of any natural buffers established under Part
8.G.4.2.3,
8.G.4.2.5 Sediment basins. In addition to the requirements in Part 8.G.4.1.6, you must
locate sediment basins outside of any surface waters and any natural buffers
established under Part 8.G.4.2.3, and you must utilize outlet structures that
withdraw water from the surface, unless infeasible.
8.G.4.2.6 Native topsoil preservation. You must preserve native topsoil removed during
clearing, grading, or excavation, unless infeasible. Store topsoil in a manner
that will maximize its use in reclamation or final vegetative stabilization (e.g.,
by keeping the topsoil stabilized with seed or similar measures). This
requirement does not apply if the intended function of the disturbed area
dictates that topsoil be disturbed or removed.
S.G.4.2.7 Steep slopes. You must minimize the disturbance of steep slopes. The permit
does not prevent or prohibit disturbance on steep slopes.
Depending on site conditions and needs, disturbance on steep slopes may
be necessary (e.g., a road cut in mountainous terrain, for grading steep
slopes prior to erecting the mine office). Where steep slope disturbances are
necessary, you can minimize the disturbances to steep slopes through the
implementation of a number of standard erosion and sediment control
practices, such as by phasing disturbances in these areas and using
stabilization practices specifically for steep grades.
S.G.4.2.8 Soil compaction. Where final vegetative stabilization will occur or where
infiltration practices will be installed, you must either restrict vehicle/
equipment use in these areas to avoid soil compaction or use soil
conditioning techniques to support vegetative growth. Minimizing soil
compaction is not required where compacted soil is integral to the
functionality of the site.
8.G.4.2.9 Dewatering Practices. You are prohibited from discharging ground water or
accumulated stormwoter that is removed from excavations, trenches,
foundations, vaults or other similar points of accumulation, unless such waters
are first effectively managed by appropriate controls (e.g,, sediment basins or
sediment traps, sediment socks, dewatering tanks, tube settlers, weir tanks, or
filtration systems). Uncontaminated, non -turbid dewatering water can be
discharged without being routed to a control.
You must also meet the following requirements for dewatering activities:
• Discharge requirements:
o No discharging visible floating solids or foam;
o Remove oil, grease and other pollutants from dewatering water via an
oil -water separator or suitable filtration device (such as a cartridge
filter);
o Utilize vegetated upland areas of the site, to the extent feasible, to
infiltrate dewatering water before discharge. In no case shall waters of
the U.S. be considered part of the treatment area;
a Implement velocity dissipation devices at all points where dewatering
water is discharged;
o Haul backwash water away for disposal or return it to the beginning of
the treatment process; and
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Mufti -Sector General Permit (MSGP)
o Clean or replace the filter media used in dewatering devices when
the pressure differential equals or exceeds the manufacturer's
specifications.
Treatment chemical restrictions: If you use polymers, flocculants or other
chemicals to treat dewatering water, you must comply with the
requirements in Parts 8.G.4.1.8.
8.G.4.2.10 Pollution prevention requirements.
• Prohibited discharges (this non -exhaustive list of prohibited non-
stormwater discharges is included here as a reminder that only the only
allowable non-stormwater discharges are those enumerated in Part 1.1.3):
o Wastewater from washout of concrete;
o Wastewater from washout and cleonout of stucco, paint, form release
oils, curing compounds, and other construction materials;
o Fuels, oils, or other pollutants used for operation and maintenance of
vehicles or equipment;
o Soaps, solvents, or detergents used in vehicle or equipment washing;
o Toxic or hazardous substances from a spill or other release.
• Design and location requirements: Minimize the discharge of pollutants
from pollutant sources by:
o Minimizing exposure;
o Using secondary containment, spill kits, or other equivalent measures;
o Locating pollution sources away from surface waters, storm sewer
inlets, and drainageways;
o Cleaning up spills immediately (do not clean by hosing area down).
• Pollution prevention requirements for wash wafers: Minimize the discharge
of pollutants from equipment and vehicle washing, wheel wash water,
and other wash waters. Wash waters must be treated in a sediment basin
or alternative control that provides equivalent or better treatment prior to
discharge;
• Pollution prevention requirements for the storage, handling, and disposal
of construction products, materials, and wastes: Minimize the exposure of
building materials, building products, construction wastes, trash,
landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary
waste, and other materials present on the site to stormwater. Minimization
of exposure is not required in cases where the exposure to stormwater will
not result in a discharge of pollutants, or where exposure of a specific
material or product poses little risk of stormwater contamination (such as
final products and materials intended for outdoor use).
8.G.4.2.11 Site Stabilization requirements for the construction of staging areas for
structures and access roads as defined in 8.G.3.2(b) (i.e., not applicable to
earth -disturbing activities performed for purposes of mine site preparation as
defined in 8.G.3.2(a)). You must comply with the following stabilization
requirements, except where the intended function of the site accounts for
such disturbed earth (e.g., the area of construction will become actively
mined, or the controls implemented at the active mining area effectively
control the disturbance):
• By no later than the end of the next work day after construction work in
an area has stopped permanently or temporarily ("temporarily" means
the land will be idle for a period of 14 days or more but earth -disturbing
activities will resume in the future), immediately initiate stabilization
measures;
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Multi -Sector General Permit (MSGP)
• If using vegetative measures, by no later than 14 days after initiating
stabilization:
o Seed or plant the area, and provide temporary cover to protect the
planted area;
o Once established, vegetation must be uniform, perennial (if final
stabilization), and cover at least 70% of stabilized area based on
density of native vegetation.
• If using non -vegetative stabilization, by no later than 14 days after
initiating stabilization:
o Install or apply all non -vegetative measures;
o Cover all areas of exposed soil.
Note: For the purposes of this permit, EPA will consider any of the following
types of activities to constitute the initiation of stabilization: 1. Prepping the
soil for vegetative or non -vegetative stabilization; 2_ Applying mulch or
other non -vegetative product to the exposed area; 3. Seeding or planting
the exposed area; 4. Starting any of the activities in # 1 -- 3 on a portion of
the area to be stabilized, but not on the entire area; and 5. Finalizing
arrangements to have stabilization product fully installed in compliance
with the applicable deadline for completing stabilization,
Exceptions:
• Arid, semi -arid (if construction occurs during seasonally dry period), or
drought -stricken areas:
o Within 14 days of stopping construction work in an area, install any
necessary non -vegetative stabilization measures;
o Initiate vegetative stabilization as soon as conditions on the site allow;
o Document the schedule that will be followed for initiating and
completing vegetative stabilization;
o Plant the area so that within 3 years the 70%, cover requirement is met.
• Sites affected by severe storm events or other unforeseen circumstances:
o Initiate vegetative stabilization as soon conditions on the site allow;
a document the schedule that will be followed for initialing and
completing vegetative stabilization;
o Plant the area so that so that within 3 years -the 7017. cover requirement
is met.
8.G.4.3 Wafer Quality -Based Requirements Applicable to Earth -Disturbing Activities Conducted
Prior to Active Mining Activities.
The following water quality -based limits apply to earth -disturbing activities conducted
prior to active mining activities defined in Part 8.G.3.2(a) and 8.G.3.2(b), in addition to
the water quality -based limits in Part 2.2 of the MSGP.
Stricter requirements apply it your site will discharge to an impaired water or a water
that is identified by your state, tribe, or EPA as a Tier 2 or Tier 2.5 for antidegradation
purposes: .
• More rapid stabilization of exposed areas: Complete initial stabilization activities
within 7 days of stopping earth -disturbing work.
More frequent site inspections: Once every 7 days and within 24 hours of a storm
event of 0.25 inches or greater.
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Multi -Sector General Permit (MSGP)
8.G.4.4 Inspection Requirements Applicable to Earth -Disturbing Activities Conducted Prior to
Active Mining Activities.
The following requirements supersede the inspection requirements in Part 3 and 8.G.7
of the MSGP for earth -disturbing activities conducted prior to active mining activities
defined in Part 8.G.3.2(a) and 8.G.3.2(b).
$.G.4.4.1 Inspection frequency
• At least once every 7 calendar days, or
• Once every 14 calendar days and within 24 hours of a storm event of 0.25
inches or greater.
Note:
o Inspections only required during working hours;
o Inspections not required during unsafe conditions; and
o If you choose to inspect once every 14 days, you must have a method
for measuring rainfall amount on site (either rain gouge or
representative weather station)
Note: To determine if a storm event of 0.25 inches or greater has occurred on your site,
you must either keep a properly maintained rain gauge on your site, or obtain the storm
event information from a weather station that is representative of your location. For any
day of rainfall during normal business hours that measures 0.25 inches or greater, you
must record the total rainfall measured for that day.
Note: You are required to specify in your SWPPP which schedule you will be following.
Note: "Within 24 hours of the occurrence of a storm event" means that you are required
to conduct an inspection within 24 hours once a storm event has produced 0.25 inches,
even if the storm event is still continuing. Thus, if you have elected to inspect bi-weekly
and there is a storm event at your site that continues for multiple days, and each day of
the storm produces 0.25 inches or more of rain, you are required to conduct an
inspection within 24 hours of the first day of the storm and within 24 hours after the end
of the storm.
8.G.4.4.2 Reductions in inspection frequency.
• Stabilized areas: You may reduce the frequency of inspections to once
per month in any area of your site where stabilization has occurred
pursuant to Part 8.G.4.1.9 or 8.G.4.2.11.
• Arid, semi -arid, and drought stricken areas: It earth -disturbing activities are
occurring during the seasonally dry period or during a period in which
drought is predicted to occur, you may reduce inspections to once per
month and within 24 hours of a 0.25 inch storm event.
• Frozen conditions: You may temporarily suspend or reduce inspections to
once per month until thawing conditions occur if frozen conditions are
continuous and disturbed areas have been stabilized. For extreme
conditions in remote areas, e.g., where transit to the site is
perilous/restricted or temperatures are routinely below freezing, you may
suspend inspections until the conditions are conducive to safe access,
and more frequent inspections can resume.
8.G.4.4.3 Areas to be inspected. You must at a minimum inspect the all of the following
areas:
• Disturbed areas;
• Stormwater controls and pollution prevention measures;
• Locations where stabilization measures have been implemented;
• Material, waste, borrow, or equipment storage and maintenance areas;
Page 78

Multi -Sector General Permit (MSGP)
• Areas where stormwater flows;
• Points of discharge.
8.G.4.4.4 What to check for during inspections. At a minimum you must check:
• Whether all stormwater controls are installed, operational and working as
intended;
• Whether any new or modified stormwater controls are needed;
• For conditions that could lead to a spill or leak;
• For visual signs of erosion/sedimentation at points of discharge.
If a discharge is occurring, check:
• The quality and characteristics of the discharge;
• Whether controls are operating effectively.
8.G.4.4.5 Inspection report. Within 24 hours of an inspection, complete a report that
includes:
• Inspection date;
• Name and title of inspectors);
• Summary of inspection findings;
• Rainfall amount that triggered the inspection (it applicable);
• If it was unsafe to inspect a portion of the site, include documentation of
the reason and the location(s);
• Each inspection report must be signed;
• Keep a current copy of all reports at the site or at an easily accessible
location.
8.G.5 Technology -Based Effluent Limits for Active Mining Activities.
Note: These requirements do not apply for any discharges from earth -disturbing activities
conducted prior to active mining as defined in &G.3.2(o) or 8.G.3.2(b).
8.G.5.1 Employee training. (See also Part 2.1.2.8) Conduct employee training at least annually
at active and temporarily inactive facilities.
8.G.5.2 Stormwater controls. Apart from the control measures you implement to meet your Part
2 technology -based effluent limits, where necessary to minimize pollutant discharges in
stormwater, implement the following control measures at your site. The potential
pollutants identified in Part 8.G.6.3 shall determine the priority and appropriateness of
the control measures selected. For mines subject to dust control requirements under
state or county air quality permits, provided the requirements are equivalent,
compliance with such air permit dust requirements shall constitute compliance with the
dust control effluent limit in Part 2.1.2.10.
Stormwater diversions: Divert stormwater away from potential pollutant sources through
implementation of control measures such as the following, where determined to be
feasible (list not exclusive): interceptor or diversion controls (e.g., dikes, swales, curbs,
berms); pipe slope drains; subsurface drains; conveyance systems (e.g., channels or
gutters, open -top box culverts, and waterbars; rolling dips and road sloping; roadway
surface water deflector and culverts); or their equivalents.
Capping: When capping is necessary to minimize pollutant discharges in stormwater,
identify the source being capped and the material used to construct the cap.
Treatment: If treatment of stormwater (e.g., chemical or physical systems, oil - water
separators, artificial wetlands) is necessary to protect water quality, describe the type
and location of treatment used. Passive and/or active treatment of stormwater runoff is
encouraged, where feasible. Treated runoff may be discharged as a stormwater
Page 79

Multi -Sector General Permit (MSGP
source regulated under this permit provided the discharge is not combined with
discharges subject to effluent limitation guidelines for the Ore Mining and Dressing Point
Source Category (40 CFR Part 440).
8.G.5.3 Discharge testing. (See also Part 5.2.3.4) Test or evaluate all outfalls covered under this
permit for the presence of specific mining -related but unauthorized non-stormwater
discharges such as seeps or adit discharges, or discharges subject to effluent limitations
guidelines (e.g., 40 CFR Part 440), such as mine drainage or process water. Alternatively
(if applicable), you may keep a certification with your SWPPP consistent with Part
8.G.6.6.
B.G.6 Additional SWPPP Requirements for Mining Operations.
Mote: The requirements in Part 8.G.6 are not applicable to inactive metal mining facilities.
8.G.6.1 Nature of industrial activities. (See also Part 5.2.2) Briefly document in your SWPPP the
mining and associated activities that can potentially attect the stormwater discharges
covered by this permit, including a general description of the location of the site
relative to major transportation routes and communities.
B.G.6.2 Site map. (See also Part 5.2.2) Document in your SWPPP the locations of the following
(as appropriate): mining or milling site boundaries; access and haul roads; outline of the
drainage areas of each stormwater outfall within the facility with indications of the
types of discharges from the drainage areas; location(s) of all permitted discharges
covered under an individual NPDES permit; outdoor equipment storage, fueling, and
maintenance areas; materials handling areas; outdoor manufacturing, outdoor
storage, and material disposal areas; outdoor chemicals and explosives storage areas;
overburden, materials, soils, or waste storage areas; location of mine drainage (where
water leaves mine) or ocher process water, failings piles and ponds (including proposed
ones); heap leach pads, off -site points of discharge for mine drainage and process
water; surface waters; boundary of tributary areas that are subject to effluent
limitations guidelines; and location(s) of reclaimed areas.
8.G.6.3 Potential pollutant sources. (See also Part 5.2.3) For each area of the mine or mill site
where stormwater discharges associated with industrial activities occur, identify the
types of pollutants (e.g., heavy metals, sediment) likely to be present in significant
amounts. Consider these factors: the mineralogy of the ore and waste rock (e.g., acid
forming); toxicity and quantity of chemicals used, produced, or discharged; the
likelihood of contact with stormwater; vegetation of site (if any); and history of
significant leaks or spills of toxic or hazardous pollutants. Also include a summary of any
existing ore or waste rock or overburden characterization data and test results for
potential generation of acid rock. If any new data is acquired due to changes in ore
type being mined, update your SWPPP with this information.
8.G.6.4 Documentation of control measures. Document all control measures that you
implement consistent with Part 8.G.5.2. If control measures are implemented or
planned but are not listed in Part 8.G.5.2 (e.g., substituting a less toxic chemical for a
more toxic one), include descriptions of them in your SWPPP. If you are in compliance
with dust control requirements under state or county air quality permits, you must
include (or summarize, as necessary) what the state or county air quality permit dust
control requirements are and how you've achieved compliance with them.
8.G.6.5 Employee training. All employee training(s) must be documented in the SWPPP.
Page 80

Multi -Sector General Permit (MSGP)
8.G.6.6 Cerfifrcation of permit coverage for commingled non-stormwater discharges. If you are
able, consistent with Part 8.G.5.3 above, to certify that a particular discharge
composed of commingled stormwater and non-stormwater is covered under a
separate NPDES permit, and that permit subjects the non-stormwater portion to effluent
limitations prior to any commingling, retain such certification with your SWPPP. This
certification must identify the non-stormwater discharges, the applicable NPDES
permit(s), the effluent limitations placed on the non-stormwater discharge by the
permit(s), and the points at which the limitations are applied.
8.G.7 Additional Inspection Requirements. (See also Part 3.1)
Except for earth -disturbing activities conducted prior to active mining activities as
defined in Part 8.G.3.2(o) and 8.G.3.2(b), which are subject to Part 8.G.4.4, inspect sites at least
quarterly unless adverse weather conditions make the site inaccessible. Sites which discharge to
waters designated as Tier 2 or 2.5 or waters which are impaired for sediment or nitrogen must be
inspected monthly. See Part 8.G.8.4 for inspection requirements for inactive and unstaffed sites.
8,G.8 Monitoring and Reporting Requirements. (See also Part 6)
Note: There are no Part S.G.B monitoring and reporting or impaired wafers monitoring
requirements for inactive and unstaffed sites.
B.G.B.1 Benchmark Monitoring for Active Copper Ore Mining and Dressing Facilities.
Table 8.G-f identifies benchmarks that apply to active copper ore mining and dressing
facilities. These benchmarks apply to both your primary industrial activity and any co -
located industrial activities.
Table 8.G-1
Subsector
Benchmark
(You may be subject to requirements for
Parameter
Monitoring
more than one sector/subsector)
Concentration
Subsector G1. Active Copper Ore Mining
Total Suspended Solids
100 mg/L
and Dressing Facilities
(TSS)
(SIC 1021)
Nitrate plus Nitrite
0.68 mg/I.
Nitrogen
Chemical Oxygen
120 mg/L
Demand COD
B.G.8.2 Benchmark Monitoring Requirements for Discharges From Waste Rock and Overburden
Piles at Active Metal Mining Facilities. For discharges from waste rock and overburden
piles, perform benchmark monitoring once in the first year for the parameters listed in
Table 8.G-2, and twice annually in all subsequent years of coverage under this permit
for any parameters for which the benchmark has been exceeded. You are also
required to conduct analytic monitoring for the parameters listed in Table 8.G-3 in
accordance with the requirements in Part 8.G.8.3. The Director may also notify you that
you must perform additional monitoring to accurately characterize the quality and
quantity of pollutants discharged from your waste rock and overburden piles.
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Multi -Sector General Permit (MSGP)
Table 8.G-2.
Subsector
(Discharges may be subject to
requirements for more than one
Parameter
Benchmark Monitoring
Concentration
sector/subsector
Subsector G2. Iron Ores; Copper Ores;
Total Sus ended Solids TSS
100 mg/L
Turbidity
50 NTU
Lead and Zinc Ores; Gold and Silver
Ores; Ferroalloy Ores, Except
H
6.0-9.0 s.u.
Vanadium; and Miscellaneous Metal
Hardness (as CaCO3; talc.
no benchmark value
Ores (SIC Codes 1011, 1021, 1031,
from Ca, Mg)2
1041, 1044, 1061, 1081, 1094, 1099)
(Noce: when analyzing hardness for a
suite of metals, it is more cost effective
to add analysis of calcium and
magnesium, and have hardness
calculated than to require hardness
analysis separately)
Total Antimony
0.64 mg/L
Total Arsenic (freshwater)
Total Arsenic
saltwater
0.15 mg/L
0.069 mg/L
Total Be Ilium
0.13 mg/L
Total Cadmium (freshwater)2
Total Cadmium (saltwater)]
Hardness Dependent
0.04 mg/L
Total Copper (freshwater)2
Hardness Dependent
Total Copper (saltwater)'
0.0048 m /L
Total Iron ✓
1.0 mg/L
Total Lead (freshwater)2
Hardness Dependent
Total Lead (saltwater)'
0.21 m /L
Total Mercury (freshwater)
0,0014 mg/L
Total Mercury (saltwater)'
0.0018 mg/L
Total Nickel (freshwater)2./
Hardness Dependent
Total Nickel (saltwater)'
0.074 mg/L
Total Selenium (freshwater)
0.005 mg/L
Total Selenium (saltwater),
0.29 mg/L
Total Silver (freshwater)2
Hardness Dependent
Total Silver saltwater 1
0.0019 mg/L
Total Zinc (freshwater)2 ✓
Hardness Dependent
Total Zinc (saltwater)'
0.09 m /L
'Saltwater benchmark values apply to stormwater discharges into saline waters where indicated.
2 The freshwater benchmark values of some metals are dependent on water hardness. For these parameters,
permittees must determine the hardness of the receiving water (see Appendix I "Calculating Hardness in Receiving
Waters for Hardness Dependent Metals," for methodology), in accordance with Part 6.2.1.1, to identify the applicable
'hardness range' for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks
follow in the table below:
Freshwoler Hardness Range
Cadmium
(mg/L)
Copper
(mg/L)
Leod
(mg/L)
Nickel
(mg/L)
Silver
(mg/L)
Zinc
(mg/L)
0-24.99 mg/L
0.D005
0,0038
0.014
0.15
O.D007
0.04
25-49.99 mg/L
0.0D08
0.0056
0.023
0.20
0.0007
0.05
50-74,99 mg/L
0.0013
0.0090
0.045
0.32
0.0017
0.08
75-99.99 mg/L
0.0018
0,0123
0.069
0.42
0.0030
0.11
100-124.99 mg/L
0.0023
0.0156
0.095
0.52
0.0046
0.13
125-149.99 mg/L
0.0029
0.0189
0,122
0.61
0.0065
0.16
150-174.99 mg/L
0.0034
0.0221
0,151
0.71
0.0087
0.18
175-199.99 mg/L
0.0039
0.0253
0,182
0.80
0.0112
0.20
200-224.99 mg/L
0,0045
1 0,0285
1 0.213
1 0.89
0.0138
0.23
225-249.99 mg/L
0.0050
0.0316
0.246
0.98
0.0168
0.25
250+ mg/L
0.0053
0.0332
0.262
1.02
0.0183
0.26
Page 82
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Multi -Sector General Permit (MSGP)
8,G.8.3 Additional Analytic Monitoring Requirements for Discharges From Waste Rock and
Overburden Piles at Active Metal Mining Facilities. in addition to the monitoring
required in Pori 8.G.8.2 for discharges From waste rock and overburden piles, you must
also conduct monitoring for additional parameters based on the type of ore you mine
at your site. Where a parameter in Table 8.G-3 is the some as a pollutant you are
required to monitor for in Table 8.G-2 (i.e., for all of the metals), you must use the
corresponding benchmark in Table 8.G-2 and you may use any monitoring results
conducted for Part 8.G.8.2 to satisfy the monitoring requirement for that parameter for
Part 8.G.8.3. For radium and uranium, which do not have corresponding benchmarks in
Table 8.G-2, there are no applicable benchmarks. The frequency and schedule for
monitoring for these additional parameters is the same as that specified in Part 6.2.1.2.
Table S.G-3. Additional Monitoring Requirements for Discharges from Waste Rock and
Overburden Piles
Supplemental Requirements
Type of Ore Mined
Pollutants of Concern
Total Suspended
Solids TSS
pH
Metals, Total
Tungsten Ore
X
X
Arsenic, Cadmium (H), Copper
[H), Lead (H), Zinc H
Nickel Ore
X
X
Arsenic, Cadmium (H), Copper
(H), Lead (H), Zinc H
Aluminum Ore
X
X
Iron
Mercury Ore
X
X
Nickel H
Iron Ore
X
X
Iron Dissolved
Platinum Ore
Cadmium (H), Copper (H),
Mercury, Lead (H), Zinc H
Titanium Ore
X
X
Iron, Nickel (H), Zinc H
Vanadium Ore
X
X
Arsenic, Cadmium (H), Copper
(H), Lead (H), Zinc H
Molybdenum
X
X
Arsenic, Cadmium (H), Copper
H, Lead H, Mercury, Zinc H
Uranium, Radium, and
Vanadium Ore
X
X
Chemical Oxygen Demand,
Arsenic, Radium (Dissolved and
Total), Uranium, Zinc_(H)
Note: An -X- indicated for ISS and/or pH means that you are required to monitor for those parameters. (H) indicates
that hardness must also be measured when this pollutant is measured.
&G,8.4 Inactive and Unstaffed Sites - Conditional Exemption from No Exposure Requirements
for Quarterly Visual Assessments and Routine Facility Inspections. As a Sector G
facility, if you are seeking to exercise a waiver from the quarterly visual assessment
and routine facility inspection requirements for inactive and unstaffed sites (including
temporarily inactive sites), you are conditionally exempt from the requirement to
certify that "there are no industrial materials or activities exposed to stormwater" in
Parts 3.1.1 and 3.2.3. This exemption is conditioned on the following:
• If circumstances change and your facility becomes active and/or staffed, this
exception no longer applies and you must immediately begin complying with the
quarterly visual assessment requirements; and
• EPA retains the authority to revoke this exemption and/or the monitoring waiver
where it is determined that the discharge causes, has a reasonable potential to
Page 83

Multi -Sector General Permit (MSGP)
cause, or contributes to an instream excursion above an applicable water quality
standard, including designated uses.
Subject to the two conditions above, if your facility is inactive and unstaffed, you are
waived from the requirement to conduct quarterly visual assessments and routine
facility inspections. You must still do an annual site inspection in accordance with Part
3.1. You are encouraged to inspect your site more frequently where you have reason
to believe that severe weather or natural disasters may have damaged control
measures or increased discharges.
Table 8.G-4. Applicability of the Multi -Sector General Permit to Stormwater Runoff From Active
Mining and Dressing Sites, Temporarily Inactive Sites, and Sites Undergoing Reclamation
Disc har a/Source of Discharge
Note/Comment
Piles
Waste rock/overburden
Covered under the MSGP if composed entirely
of stormwater and not combined with mine
drainage. See note below.
Topsoil
—
Roads constructed of waste rock orspent ore
Onsite haul roads
Covered under the MSGP if composed entirely
of stormwater and not combined with mine
drainage.. See note below.
Offsite haul and access roads
--
Roads not constructed of
waste rock orspent ore
Onsite haul roads
Covered under the MSGP except if mine
draina e is used for dust control.
Offsife Haul and access roads
Milling/co centratin
Runoff from tailings dams and dikes when
Covered under the MSGP except if process
constructed of waste rock/tailings
fluids are present and only if composed
entirely of stormwater and not combined with
mine drainage. See Note below.
Runoff from tailings dams/dikes when not
Covered under the MSGP except if process
constructed of waste rock and tailings
fluids are present.
Concentration building
Covered under the MSGP If stormwater only
and no contact with piles.
Mill site
If stormwater only and no contact with piles.
Ancilla areas
Office and administrative building and housing
Covered under the MSGP if mixed with
stormwater from the industrial area.
Chemical storage area
--
Docking facility
Covered under the MSGP except if excessive
contact with waste product that would
otherwise constitute mine drainage.
Explosive storage
—
Fuel storage oil tanks/coal piles)
--
Vehicle and equipment maintenance
--
area/building
Parking areas
Covered under the MSGP but coverage
unnecessary if only employee and visitor -type
parking.
Page 84

Multi -Sector General Permit (MSGP)
Table 8.G-4. Applicability of the Multi -Sector General Permit to Stormwater Runoff From Active
Mining and Dressing Sites, Temporarily Inactive Sites, and Sites Undergoing Reclamation
Disc har a/Source of Discharge
Note/Comment
Powerplant
Truck wash area
Covered under the MSGP except when
excessive contact with waste product that
would otherwise constitute mine draina e.
Reclamation -related areas
Any disturbed area (unreclaimed)
Covered under the MSGP only if not in active
mininn area.
Reclaimed areas released from reclamation
requirements prior to Dec. 17, 1990
Partially/inadequately reclaimed areas or
--
areas not released from reclamation
requirements
Note: Stormwater runoff from these sources are subject to the NPDES program for stormwater unless mixed with
discharges subject to 40 CFR Part 440 that are regulated by another permit prior to mixing. Non-slofmwaler discharges
from these sources are subject to NPDES permitting and may be subject to the effluent limitation guidelines under 40
CFR Part 440. Discharges from overburden/waste rock and overburden/woste rock -related areas are not subject to 40
CFR Part 440 unless: (1 ) it drains naturally (or is intentionally diverted) to a point source; and (2) combines with "mine
drainage" that is otherwise regulated under the Part 440 regulations. For such sources, coverage under this permit would
be available if the discharge composed entirely of stormwoter does not combine with other sources of mine drainage
that are not subject to 40 CFR Part 440. as well as meeting other eligibility criteria contained in Part t .l of the permit.
Operators bear the inWal responsibility for determining the applicable technology -based standard for such discharges.
EPA recommends that operators contact the relevant NPDES permit issuance authority for assistance to determine the
nature and scope of the-aciive mining area" on a mine -by -mine basis, as well as to determine the appropriate
permitting mechanism for authorizing such discharges.
8.G.9. Termination of Permit Coverage
8.G.9.1 Termination of Permit Coverage fo► Sites Reclaimed After December 17, 1990. A site or a
portion of a site that has been released from applicable state or federal reclamation
requirements after December 17, 1990, is no longer required to maintain coverage
under this permit. If the site or portion of a site reclaimed after December 17, 1990, was
not subject to reclamation requirements, the site or portion of the site is no longer
required to maintain coverage under this permit if the site or portion of the site has
been reclaimed as defined in Part 8.G.3.3.
8.G.9.2 Termination of Permit Coverage for Sites Reclaimed Before December 17, 1990. A site or
portion of a site that was released from applicable state or federal reclamation
requirements before December 17, 1990, or that was otherwise reclaimed before
December 17, 1990, is no longer required to maintain coverage under this permit if the
site or portion of the site has been reclaimed. A site or portion of a site is considered to
have been reclaimed it: (1 ) stormwater runoff that comes into contact with raw
materials, intermediate byproducts, finished products, and waste products does not
have the potential to cause or contribute to violations of state wafer quality standards,
(2) soil disturbing activities related to mining at the sites or portion of the site have been
completed, (3) the site or portion of the site has been stabilized to minimize soil erosion,
and (4) as appropriate depending on location, size, and the potential to contribute
pollutants to stormwater discharges, the site or portion of the site has been
revegetated, will be amenable to natural revegetation, or will be left in a condition
consistent with the post -mining land use.
Page 85

•"UV HEN, KUVERNMEITEDN INRnR nnnlMN
GPO
Environmental Protection Agency
COD effluent limitation of less than
the equivalent of 220 mgll.
(4) The long term daily average raw
waste load for the pollutant param-
eters BOD and COD is defined as the
average daily mass of each pollutant
influent to the wastewater treatment
system over a 12 consecutive month pe-
riod within the most recent 36 months,
which shall include the greatest pro-
duction effort.
(5) To assure equity in regulation dis-
charges from the point sources covered
by this subpart of the point source cat-
egory, calculation of raw waste loads of
BOD and COD for the purpose of deter-
mining NPDES permit limitations (i.e.,
the base numbers to which the percent
reductions are applied) shall exclude
any waste load associated with sol-
vents in those raw waste loads, except
that residual amounts of solvents re-
maining after the practice of recovery
and/or separate disposal or reuse may
be included in the calculation of the
raw waste loads. These practices of re-
moval, disposal, or reuse include recov-
ery of solvents from waste streams and
incineration of concentrated solvent
waste streams (including tar still bot-
toms). This regulation does not pro-
hibit inclusion of such wastes in the
raw waste loads in fact, nor does it
mandate any specific practice, but
rather describes the rationale for de-
termining the permit conditions. These
limits may be achieved by any one of
several or a combination thereof of
programs and practices.
(6) The allowable effluent discharge
limitation for the daily average mass
of TSS in any calendar month shall be
1.7 times the BOD 11rultaLioo deter-
mined in paragraph (a)(2) of this sec-
tion,
(7) The pH shall be within the range
of 6.0-9.0 standard units.
(b) Dilution to meet the above efflu-
ent limitations may not be practiced.
Pt. 440
§ 439.53 Effluent limitations represent-
Ing the degree of effluent reduction
attainable by the application of the
best conventional pollutant control
technology (BCT). [Reserved]
§ 439.54 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best available technologyeconomi-
cally achievable (BAT). eserved]
§ 439.55 New source performance
standards (NSPS). [Reservedl
§ 439.56 Pretreatment standards for
existing sources (PSES). [Reserved]
§ 439.57 Pretreatment standards for
new sources (PSNS). [Reserved]
PART 440—ORE MINING AND
DRESSING POINT SOURCE CAT-
EGORY
Subpart A —Iron Ore Subcategory
Sec.
440.10 Applicability: description of the iron
ore subcategory.
440,11 ]Reserved]
440,12 Fffluent limitations representing the
degree of effluent reduction attainable
by the application of the best practicable
control technology currently available
(BP7).
440.13 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best available
technology economically achievable
(BAT).
440.14 New source performance standards
(NSPS).
440.15 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best conven-
tional pollutant control technology
(BCT). [Reserved]
Subpart B—Aluminum Ore Subcategory
440.20 Applicability; description of the alu-
minum ore subcategory,
440.21 ]Reserved]
440.22 Effluent: limitations representing the
degree of effluent reduction attainable
by the application of the best practicable
control technology currently available
(BPM,
349

Pt. 440
440.23 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best available
technology economically achievable
(BAT).
440.24 New source performance standards
(NS PS) .
440.25 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best conven-
tional pollutant control technology
(BCT). [Reserved]
Subpart C-Uranium, Radium, and
Vanadium Ores Subcategory
440.30 Applicability; description of the ura-
nium, radium and vanadium ores sub-
category.
440.31 [Reserved]
440.32 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best practicable
control technology currently available
(BPT).
440.33 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best available
technology economically achievable
(BA-P.
440.34 New source performance standards
(NS PS).
440.35 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best conven-
tional pollutant control technology
(BCT). [Reserved]
Subpart D-Mercury Ore Subcategory
440.40 Applicability; description of the mer-
cury ore subcategory.
440.41 [Reserved]
440.42 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best practicable
control technology currently available
(BPT).
440.43 Effluent limitations representing the
degree of effluent reduction, attainable
by the application of the best available
technology economically achievable
(BA'l)
440.44 New source performance standards
(If S PS) .
440.45 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best conven-
tional pollutant control technology
(BCT), [Reserved?
Subpart E-Titanium Ore Subcategory
440.50 Applicability; description of the t3ta-
niurn ore subcategory.
440.51 [Reserved]
440.52 Effluent limitations guidelines rep-
resenting the degree of effluent reduction
40 CFR Ch. 1 (7-1-98.Edition)
attainable by the application of the best
practicable control technology currently
available (BP-n.
440.53 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best available
technology economically achievable
(BAT).
440.54 New source performance standards
(NSPS).
440.55 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best conven-
tional pollutant control technology
(BCT). [Reserved]
Subpart F-Tungsten Ore Subcategory
440.60 Applicability; description of the tung-
sten ore subcategory.
440.61 [Reserved]
440.62 Effluent limitations representing the
degree of effluent_ reduction attainable
by the application of the best practicable
control technology currently available
(BPT).
440.63 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best available
technology economically achievable
(BAT).
440.64 New source performance standards
(NSPS),
440.65 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best conven-
tional pollutant control technology
(BCT). (Reserved]
Subpart G-Nickel Ore Subcategory
440.70 Applicability; description of the nick-
el ore subcategory.
440.71 [Reserved]
440.72 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best practicable
control technology currently available
(BPT).
440.73 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best available
technology economically achievable
(BAT). [Reserved]
440.74 New source performance standards
(NSPS). [Reserved]
440.75 Effluent. limitations representing the
degree of effluent reduction attainable
by the application of the best conven-
tional pollutant: control technology
(BCT). [Reserved]
Subpart H-Vanadium Ore Subcategory
(Mined Alone and Not as a Byproduct)
440.80 Applicability; description of the va-
nadium ore subcategory.
350

Environmental Protection Agency
440.81 [Reserved]
440.82 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best practicable
control technology currently available
(BP'1).
440.83 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best available
technology economically achievable
(BAT). [Reserved)
440.84 New source performance standards
(NSPS). [Reserved]
440.85 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best conven-
tional pollutant control technology
(BCT). [Reserved]
Subpart I —Antimony Ore Subcategory
440.90 Applicability; description of the anti-
mony ore subcategory.
440.91 [Reserved]
440.92 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best practicable
control technology currently available
(BP -I). [Reserved]
440.93 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the best available
technology economically achievable
(BAT). [Reserved]
440.94 New source performance standards
(NSPS). [Reserved]
440.95 Effluent limitations representing the
degree of effluent reduction attainable
by the application of the .best conven-
tional pollutant control technology
(BCT). [Reserved]
Subpart J—Copper, Lead, Zinc, Gold,
Silver, and Molybdenum Ores Subcategory
440,100 Applicability; description of the cop-
per, lead. zinc, gold, silver, and molyb-
denum ores subcategory.
440,101 (Reserved]
440.102 Effluent limitations representing
the degree of effluent reduction attain-
able by the application of the best prac-
ticable control technology (BPT).
440.103 Effluent limitations representing
the degree of effluent reduction attain-
able by the application of the best avail-
able technology economically achievable
(BAT).
440.104 New source performance standards
(NSPS).
440.I05 Effluent limitations representing
the degree of effluent reduction attain-
able by the application of the best Con-
ventional pollutant control technology
(BCT). (Reserved]
Pt. 440
Subpart K—Platinum Ores Subcategory
440.110 Applicability; description of the
platinum ore subcategory:
440.111 [Reserved]
440.1.12 Effluent limitations representing
the degree of effluent_ reduction attain-
able by the application of the best, prac-
ticable control technology currently
available (BPT). [Reserved]
440.113 Effluent limitations representing
the degree of effluent reduction attain-
able by the application of the best avail-
able technology economically achievable
(BAT).
440.114 New source performance standards
(NSPS). [Reserved]
440.115 Effluent limitations representing
the degree of effluent reduction attain-
able by the application of the best: con-
ventional pollutant control technology
(BCT). ]Reserved]
Subpart L—General Provisions and
Definitions
440.130 Applicability.
440.131 General provisions.
440,132 General definitions,
Subpart M—Gold Placer Mine Subcategory
440.140 Applicability; description of the gold
Placer- mine subcategory,
440.141 Specialized definitions and provi-
sions.
440.142 Effluent limitations representing
the degree of effluent reduction attain-
able by the application of the best prac-
ticable control technology currently
available (BPT).
440.143 Effluent limitations representing
the degree of effluent reduction attain-
able by the application of the best avail-
able technology economically achievable
(SAT).
440.144 New source performance standards
(NSPS).
440.145-440.147 (Reserved]
440.148 Best Management. Practices (BMP).
AUTHORITY: Secs. 301, 304(b), (c) and (e), 306,
307, and 501 of the Clean Water Act (The Fed-
eral Water Pollution Control Act Amend-
ments of 1972. as amended by the Clean
Water Act of 1977 and the Water Quality Act
of 1987), (the Act), 33 U.S.C. 1311, 1314(b), (c)
and (e), 1316, 1317, and 1361: 86 StaL. 816, Pub.
L. 92-500; 91 Stat. 1567, Pub. L. 95-217; 101
Stat. 7, Pub. L. f00-4.
SOURCL: 47 FR 54609, Dec, 3, 1982, unless
otherwise. noted.
351

§ 440.10
Subpart A —Iron Ore Subcategory
§ 440.10 Applicability, description of
the iron ore subcategory.
The provisions of this subpart A are
applicable to discharges from (a) mines
operated to obtain iron ore, regardless
of the type of ore or its mode of occur-
rence; (b) mills beneficiating iron ores
by physical (magnetic and non-
magnetic) and/or chemical separation:
and (c) mills beneficiating iron ores by
magnetic and physical separation in
the Mesabi Range.
§440.11 [Reserved]
§ 440.12 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best practicable control technology
currently available (BPT).
Except as provided in subpart L of
this part and 40 CFR 125.30 through
125.32, any existing point source sub-
ject to this subpart must achieve the
following effluent limitations rep-
resenting the degree of effluent reduc-
tion attainable after application of the
best practicable control technology
currently available (BPT):
(a) The concentration of pollutants
discharged in mine drainage from
mines operated to obtain iron ore shall
not exceed:
Effuent lira tatlons
Effluent characteristic Average of
Maximum for daily values
any 1 day for 30 con•
secutive days
Milligrams per liler
TSS---------------------------------------- 30 20
Fe (dissolved) ........................ 2,0 1.0
pH........................................... (' ) I' )
5 Within the range 6.0 to 9.0.
(b) Except as provided in paragraph
(c) of this section, the concentration of
pollutants discharged from mills that
employ physical (magnetic and non-
magnetic) and/or chemical methods to
berieficiate iron ore shall not exceed:
40 CFR Ch. 1 (7-1-98 Edition)
Effluent limitations
Effluent characteristic Average of
Maximum for daily values
any 1 day for 30 con-
secutive days
TSS........................................ 30 20
Fe (dissolved} ........................ 2.0 1.0
pH........................................... {1) (1 I
Within the range 6,0 to 9A
(c)(1) Except as provided in paragraph
(c) of this section, there shall be no dis-
charge of process wastewater to navi-
gable waters from mills that employ
magnetic and physical methods to ben-
eficiate iron ore in the Mesabi Range,
The Agency recognizes that the elimi-
nation of the discharge of pollutants to
navigable waters may result in an in-
crease in discharges of some pollutants
to other media. The Agency has consid-
ered these impacts and has addressed
them in the preamble published on De-
cember 3, 1982.
(2) In the event that the annual pre-
cipitation falling on the treatment fa-
cility and the drainage area contribut-
ing surface runoff to the treatment fa-
cility exceeds the annual evaporation,
a volume of water equivalent to the
difference between annual precipita-
tion falling on the treatment facility
and the drainage area contributing sur-
face runoff to the treatment facility
and annual evaporation may be dis-
charged subject to the limitations set
forth in paragraph (a) of this section.
§ 440.13 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best available technology economi-
cally achievable (BAT).
Except as provided in subpart L of
this part and 40 CFR 125.30 through
125.32, any existing point source sub-
ject to this subpart must achieve the
following effluent limitations rep-
resenting the degree of effluent reduc-
tion attainable by the application of
the best available technology economi-
cally achievable (BAT):
(a) The concentration of pollutants
discharged in mine drainage from
mines operated to obtain iron ore shall
not exceed:
352

Environmental Protection Agency
Effluent limitations
Average of
Eftluen: characteristic Maximum daily values
for any 1 for 30 cam
day secutive
days
Milligrams per liter
Fe (dissolved) ............................ 1 2.0 1 1,0
(b) Except as provided in paragraph
(c) of this section the concentration of
pollutants discharged from mills that
employ physical (magnetic and non-
magnetic) and/or chemical methods to
beneficiate iron ore shall not exceed:
Effluent limitations
Average of
Effluent characteristic Maximum daily values
rot any 1 1 for 30 con -
day secutive
days
Milligrams per tiler
Fe (dissolved) ............................ 1 2.0 1 1.0
(c)(1) Except as provided in paragraph
(c) of this section, there shall be no dis-
charge of process wastewater to navi-
gable waters from mills that employ
magnetic and physical methods to ben-
eficiate iron ore in the Mesabi Range.
The Agency recognizes that the elimi-
nation of the discharge of pollutants to
navigable waters may result in an in-
crease in discharges of some pollutants
to other media. The Agency has consid-
ered these impacts and has addressed
them in the preamble published on De-
cember 3, 1982.
(2) In the event that the annual pre-
cipitation falling on the treatment fa-
cility and the drainage area contribut-
ing surface runoff to the treatment fa-
cility exceeds the annual evaporation,
a volume of water equal to Lhe dif-
ference between annual precipitation
falling on the treatment facility and
the drainage area contributing surface
runoff to the treatment facility and an-
nual evaporation may be discharged
subject to the limitations set forth in
paragraph (a) of this section.
§ 440.14 New source performance
standards (NSPS).
Except as provided in subpart L of
this part, any new source subject to
this subpart must achieve the follow-
ing NSP5 representing the degree of ef-
§ 440.14
fluent reduction attainable by applying
the best. available demonstrated tech-
nology (SADT):
(a) The concentration of pollutants
discharged in mine drainage from
mines operated to obtain iron ore shall
not exceed:
Effluent limitations
Average of
Effluent characteristic Maximum daily values
for any 1 for 30 con -
day secutive
days
Milligrams per liter
Fe (dissolved) ............................ 2.0 1.0
pH............................................... (' ) f' }
TSS............................................ 30.0 20.0
1 Within.the range of 6.Q to 9.0.
(b) Except as provided in paragraph
(c) of this section, the concentration of
pollutants discharged from mills that
employ physical (magnetic and non-
magnetic) and/or chemical methods to
beneficiate iron ore shall not exceed:
Effluent limitations
Average of
Effluent characteristic Maximum daily values
for any 1 for 30 con -
day secutive
days
Milligrams per liter
Fe (dissolved) z.0 1.p
pH............- ................................. (' 1 f )
TSS............................................ 30.0 20.0
1 Within the range of 6.0 to 9.0.
(c)(1) Except as provided in paragraph
(c) of this section, there shall be no dis-
charge of process wastewater to navi-
gable waters from mills that employ
magnetic and physical methods to ben-
eficiate iron ore in the Mesabi Range.
The Agency recognizes that the elimi-
nation of the discharge of pollutants to
navigable waters may result in an in-
crease in discharges of some pollutants
to other media, The Agency has consid-
ered these impacts and has addressed
them in the preamble published on De-
cember 3, 1982.
(2) In the event that the annual pre-
cipitation falling on the treatment fa-
cility and the drainage area contribut-
ing surface runoff to the treatment fa-
cility exceeds the annual evaporation,
a volume of water equal to the dif-
ference between annual precipitation
falling on the treatment facility and
353

§ 440.15
the drainage area contributing surface
runoff to the treatment facility and an-
nual evaporation may be discharged
subject to the limitations set forth in
paragraph (a) of this section.
§440.15 Effluent limitations represent•
tng the degree of effluent reduction
atiainable�y the application of the
best conventional Mutant control
technology (EWM. deserved]
Subpart B—Aluminum Ore
Subcategory
§440.20 Applicability-, description of
the aluminum ore subcategory.
The provisions of this subpart B are
applicable to discharges from facilities
engaged in the mining of bauxite as an
aluminum ore.
§ 440.21 [Reserved]
§ 440.22 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best practicable control technology
currently available (BPT).
Except as provided in subpart L of
this part and 40 CFR 125.30 through
125.32. any existing source subject to
this subpart must achieve the follow-
ing effluent limitations representing
the degree of effluent reduction attain-
able by the application of the best
practicable control technology cur-
rently available (BPT). The concentra-
tion of pollutants discharged in mine
drainage from (nines producing bauxite
ores shall not exceed:
Effluent limitations
Effluent characteristic Average of
Maximum 10
r delly YBIueS
any 1 day for 30 con-
secutive days
Milligrams Per liter
40 CFR Ch. 1 (7-1-98 Edition)
125,32, any existing point source Sub-
ject to this subpart must achieve the
following limitations representing the
degree of effluent reduction attainable
by the application of the best available
technology economically achievable
(BAT). The concentration of pollutants
discharged in mine drainage from
mines producing bauxite ores shall not
exceed:
Effluent IimilalWns
Average of
EMtuont characteristic Maximum daily values
for any 5 for 30 Gon-
day sacutive
days
Milligrams per liter
Fe (totet)..................................... I 1.0 0.5
At................................................ 2.0 1.0
§ 440.24 New Source performance
standards (NSPS).
Except as provided in subpart L of
this part, any new source subject to
this subpart must achieve the follow-
ing NSPS representing the degree of ef-
fluent reduction attainable by the ap-
plication of the best available dem-
onstrated technology (BADT). The con-
centration of pollutants discharged in
mine drainage from mines producting
bauxite ores shall not exceed_
Effluent limitations
Average of
Effluent characteristic Maximum daily values
for any 1 for 30 t4n-
day sacutive
days
Milligrams per liter
Fe (total► ..................................... 1.0 0.5
At................................................ 2.0 1.0
PH............................................... I') C)
TSS............................................ 30.0 20.0
TSS........................................ I 30 20 1 Within the range of 6.0 10 9.0.
Fe ............... I.0 .5
Al........................................... 2,0 1.0
PH........................................... V ) (r )
r Within the range of 6.0 to 9.0
§440.23 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best available technology economi-
cally achievable (BAT).
Except as provided in subpart L of
this- part and 40 CFR 125.30 through
354

Environmental Protection Agency
§ 440.25 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best conventional ppollutant control
technology (BCT). lReserved]
Subpart C—Uranium, Radium and
Vanadium Ores Subcategory
§ 440.30 Applicability; description of
the uranium, radium and vanadium
ores subcategory.
The provisions of this subpart C are
applicable to discharges from (a) mines
either open -pit or underground, from
which uranium, radium and vanadium
ores are produced: and (b) mills using
the acid leach, alkaline leach, or com-
bined acid and alkaline leach process
for the extraction of uranium, radium
and vanadium. Only variadium byprod-
uct production from uranium ores is
covered under this subpart.
§440.31 [Reserved]
§440.32 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best practicable control technology
currently available (OPT).
Except as provided in subpart L of
this part and 40 CFR 125.30 through
125,32, any existing point source sub-
ject to this subpart must achieve the
following effluent limitations rep-
resenting the degree of effluent reduc-
tion attainable after application of the
best practicable control technology
currently available (BPT):
(a) The concentration of pollutants
discharged in mine drainage from
mines, either open -pit or underground,
from which uranium, radium and vana-
dium ores are produced excluding
mines using in -situ leach methods shall
not exceed:
§ 440.33
Effluent limitations
Average or
Effluent characteristic
Maximum
daily vat-
for any 1
ues for 30
day
consocu-
live days
Milligrams per liter
TSS................................................
30
20
COD ...............................................
200
100
Zn...................................................
1.0
0.5
Ra2261 (dissolved) ........................
10
3
Ra2261 (total) ................................
30
10
U.....................................................
4
2
pH......................................1............
(2)
(2)
1 Values in picocuries per liter (pC91)
2 Within the range 6.0 to 9.0.
(b) The concentrations of pollutants
discharged from mills using the acid
leach, alkaline leach or combined acid
and alkaline leach process for the ex-
traction of uranium, radium and vana-
dium including mill -mine facilities and
mines using in -situ leach methods shall
not exceed:
Effluent limitations
Average of
Effluent characteristic Maximum daily vat -
for any 1 ues for 30
day consecu-
tive days
Milligrams per Ver
TSS.............................................. 30 20
COD ............................................. 500
As................................................. 1.0 .5
Zn................................................. 1.00 .5
Ra2261 (dissolved) ...................... 10 3
Ra2261 (total) .............................. 30 10
NH3 .................... .......................... ....................
100
pH.................................................
1 Values In plcocuries per liter (pCN).
R Within the range 6,0 to 9.0.
§ 440.33 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best available technology economi-
cally achievable (BAT).
Except as provided in subpart L of
this part and 40 CFR 125:30 through
125.32, any existing point source sub-
ject to this subpart must achieve the
following limitations representing the
degree of effluent reduction attainable
by the application of the best available
technology economically achievable
(BAT):
(a) The concentration of pollutants
discharged in mine drainage from
mines, either open -pit or underground,
that: produce uranium ore, including
355

§ 440.34
mines using in -situ leach methods,
shal I not exceed:
Effluent limitations
Average of
Effluent chamtevv'o Maximum d0y Vat -
for any 1 1 ves Tor 30
day consecu-
five days
Milligrams per liter
COD ............................................. 200 100
Zn................................................. 1.Do 5
Ra2261 (dissolved) ...................... 10.1) 3.0
Ra2261 (total) .............................. 30.0 10.0
u...........-............- ....................... 4.0 2.0
1 values in picaatrtes per liter (pCil1).
$ 440.34 New source performance
standards (NSPS).
Except as provided in subpart L of
this part any new source subject to this
subpart must achieve the following
N5P5 representing the degree of efflu-
ent reduction attainable by the appli-
cation of the best available dem-
onstrated technology (BAD-}:
(a) The concentration of pollutants
discharged in mine drainage from
mines, either open -pit or underground,
that produce uranium ore, excluding
mines using in situ leach methods,
shall not exceed:
EMwent Ilmllations
Effluent characteristic
Maximum for
Average of
daly values
any t day
for 30 mn-
satl days
Mitigrama per ilex
COD .......................................
200
100
Zn...........................................
1.0
0.5
Ra 1226 (dissolved) ...............
10.0
3.0
Ra + 226 (total) .......................
30.0
10.0
u.............................................
4.0
2.0
TSs........................................
30.0
20.0
1 Values in piemuries per liter (pCUI)
2 Wilhin the range 6.0 to 9,0,
(b)(I) Except as provided in para-
graph (b) of this section, there shall be
no discharge of process wastewater to
navigable waters from mills using the
acid leach, alkaline leach or combined
acid and alkaline leach process for the
extraction of uranium or from mines
and mills using in situ leach methods.
The Agency recognizes that the elimi-
nation of the discharge of pollutants to
navigable waters may result in an in-
crease in discharges of some pollutants
to other media. The Agency has consid-
40 CFR Ch. 1 (7-1-98 Edition)
ered these impacts and has addressed
them in the preamble published on De-
cember 3, 1982.
(2) In the event that the annual pre-
cipitation falling on the treatment fa-
cility and the drainage area Contribut-
ing surface runoff to the treatment fa-
cility exceeds the annual evaporation,
a volume of water equivalent to the
difference between annual precipita-
tion falling on the treatment facility
and the drainage area contributing sur-
face runoff to the treatment facility
and annual evaporation may be dis-
charged subject to the limitations set
forth in paragraph (a) of this section,
§440.35 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best conventional pollutant control
technology (Il [Reserved]
Subpart D—Mercury Ore
Subcategory
§440.40 Applicability; description of
the mercury ore subcategory.
The provisions of subpart D are appli-
cable to discharges from (a) mines. ei-
ther open -pit or underground, that
produce mercury ores; and (b) mills
beneficiating mercury ores by gravity
separation methods or by froth -flota-
tion methods.
§ 440.41 IReservedl
9440.42 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best practicable control technology
currently available (BPT).
Except as provided In subpart L of
this part and 40 CFR 125,30 through
125,32, any existing point source sub-
ject to this subpart must achieve the
following effluent limitations rep-
resenting the degree of effluent reduc-
tion attainable after application of the
best practicable control technology
currently available (BPT):
(a) The concentration of pollutants
discharged in mine drainage from
mines, either open -pit or underground,
operated for the production of mercury
ores shall not exceed the following lim-
itations:
356

Environmental Protection Agency
Effluent limitations
Effluent charectorialic Average of
Maximum for daily values
any 1 day for 30 con•
secutive days
Milligrams par liter
i55.......... ..... ............. ..::......- 30 20
Hg........................................... .002 .001
Ni............................................ .2 .1
pH........................................... (1) V
I Within the range 6.0 to 9.0.
(b)(1) Except as provided in para-
graph (b) of this section, there shall be
no discharge of process wastewater to
navigable waters from mills
beneficiating mercury ores by gravity
separation methods or by froth flota-
tion methods. The Agency recognizes
that the elimination of the discharge of
pollutants to navigable waters may re-
sult in an increase in discharges of
some pollutants to other media. The
Agency has considered these impacts
and has addressed them in the pre-
amble published on December 3, 1982.
(2) In the event that the annual pre-
cipitation falling on the treatment fa-
cility and the drainage area contribut-
ing surface runoff to the treatment fa-
cility exceeds the annual evaporation,
a volume of water equivalent to the
difference between annual precipita-
tion falling on the treatment facility
and the drainage area contributing sur-
face runoff to the treatment facility
and annual evaporation may be dis-
charged subject to the limitations set
forth in paragraph (a)(1) of this section.
§ 440.43 Effluent limitations represent-
ing the degree of effluent reduction
attainable the application of the
best available technology economi-
cally achievable (BAT).
Except as provided in subpart L of
this part and 40 GFR 125,30 through
125.32, any existing point source sub-
ject to this subpart must achieve the
following limitations representing the
degree of effluent reduction attainable
by the application of the best available
technology economically achievable
(BAT).
(a) The concentration of pollutants
discharged in mine drainage from
mines, either open pit or underground,
§ 440,44
that produce mercury ores shall not ex-
ceed:
Effluent limitations
Average of
Effluent characteristic Maximum daily values
for any 1 for 30 con -
day saculive
days
Mlligrams per liter
Hg............................................... I 0,002 I 0.001
(b)(1) Except as provided in para-
graph (b) of this Section, there shall be
no discharge of process wastewater to
navigable waters from mills
beneficiating mercury ores by gravity
separation methods or by froth -flota-
tion methods. The Agency recognizes
that the elimination of the discharge of
pollutants to navigable waters may re-
sult in an increase in discharges of
some pollutants to other media. The
Agency has considered these impacts
and has addressed them in the pre-
amble published on December 3, 1982.
(2) In the event that the annual pre-
cipitation falling on the treatment fa-
cility and the drainage area contribut-
ing surface runoff to the treatment fa-
cility exceeds the annual evaporation,
a volume of water equal to the dif-
ference between annual precipitation
falling on the treatment facility and
the drainage area contributing surface
runoff to the treatment facility and an-
nual evaporation may be discharged
subject to the limitations set forth in
paragraph (a) of this section.
§ 440.44 New source performance
standards (NSPS).
Except as provided In subpart L of
this part any new source subject to this
subpart must achieve the following
NSPS representing the degree of efflu-
ent reduction attainable by the appli-
cation of the best available dem-
onstrated technology (BADT):
(a) The concentration of pollutants
discharged In mine drainage from
mines, either open pit or underground,
that produce mercury ores shall not ex-
ceed:
357

§ 440.45
Effluent limitations
Average of
Effluent characteristic Maximum daily values
I., any 1 for 30 con -
day secuWe
days
Milligrams per liter
Hg............................................... 0.002
pH............................................._ (')
TSS..........................................- 30.0
'Within the range of 6.0 to 9.0.
0 001
40 CFR Ch. 1 (7-1-48 Edition)
leucoxene, monazite, zircon, and other
heavy metals, and the milling tech-
niques employed in conjunction with
the dredge mining activity (milling
techniques employed include the use of
wet gravity methods in conjunction
with electrostatic or magnetic meth-
ods).
(')
20.0 § 440.51 [Reserved]
(b)(1) Except as provided in para-
graph (b) of this section, there shall be
no discharge of process wastewater to
navigable waters from mills
beneficiating mercury ores by gravity
separation methods or by froth -flota-
tion methods. The Agency recognizes
that the elimination of the discharge of
pollutants to navigable waters may re-
sult in an increase in discharges of
some pollutants to other media. The
Agency has considered these impacts
and has addressed them in the pre-
amble published on December 3, 1982.
(2) In the event that the annual pre-
cipitation falling on the treatment fa-
cility and the drainage area contribut-
ing surface runoff to the treatment fa-
cility exceeds the annual evaporation,
a volume of water equal to the dif-
ference between annual precipitation
falling on the treatment facility and
the drainage area contributing surface
runoff to the treatment facility and an-
nual evaporation may be discharged
subject to the limitations set forth in
paragraph (a) of this section.
§ 440.45 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best conventional allutant control
technology (BCT). deserved]
Subpart E—Titanium Ore
Subcategory
§ 440.50 Applicability; description of
the titanium ore subcategory.
The provisions of this subpart E are
applicable to discharges from (a) mines
obtaining titanium ores from lode de-
posits: (b) mills beneficiating titanium
ores by electrostatic methods, mag-
netic and physical methods, or flota-
tion methods; and (c) mines engaged in
the dredge mining of placer deposits of
sands containing rutile, ilmenite,
§440.52 Effluent limitations guidelines
representing the degree of effluent
reduction attainable by the applica-
tion of the best practicable control
technology currently available
(BPT).
Except as provided in subpart L of
this part and 40 CFR 125.30 through
125.32, any existing point source sub-
ject to this subpart must achieve the
following effluent limitations rep-
resenting the degree of effluent reduc-
tion attainable after application of the
best practicable control technology
currently available (BPT):
(a) The concentration of pollutants
discharged in mine drainage from
mines obtaining titanium ores from
lode deposits shall not exceed:
Effluent limitations
Effluent characteristic Average of
Maximum for daily values
any 1 day for 30 con-
secutive days
Milligrams per liter
TSS........................................ 30 20
Fe........................................... 2.0 1.0
pH........................................... (1) i')
' Within the range 6,0 to 9.0.
(b) The concentration of pollutants
discharged from mills beneficiating ti-
tanium ores by electrostatic methods.
magnetic and physical methods, or flo-
tation methods shall not exceed:
Effluent limitations
Effluent characteristic Average of
Maximum for daily values
any 1 day for 30 con.
secutive days
Milligrams per liter
TSS......................................- 30 20
7n........................................... 1.0
NI..........................................- .2
pH...........................................
' Within the range 6.0 to 9.0,
358

Environmental Protection Agency
(c) The concentration of pollutants
discharged in mine drainage from
mines engaged in the dredge mining of
placer deposits of sands containing ru-
tile, ilmenite, leucoxene, monazite,
zircon, or other heavy metals, and the
milling techniques employed in con-
junction with the dredge mining activ-
ity (milling techniques employed in-
clude the, use of wet gravity methods in
conjunction with electrostatic or mag-
netic methods) shall not exceed:
Effluent limitations
Average of
Effluent characteristic Maximum daily values
for any 1 I for 30 con -
day secutive
days
Milligrams per liter
TSS ............. 30 20
Fe............................................... 2 1
PH............................................... (1) (1)
1 Within the range 6.0 to 9.0.
.4440.53 Effluent limitations represent-
ing the degree of effluent reduction
attainableyy the application of the
best available technology economi-
cally achievable (BAT).
Except as provided in subpart L of
this part and 44 CFR 125.30 through
125.32, any existing point source sub-
ject to this subpart must achieve the
following limitations representing the
degree of effluent reduction attainable
by the application of the best available
technology economically achievable
(SAT):
(a) The concentration of pollutants
discharged in mine drainage from
mines obtaining titanium ores from
lode deposits shall not exceed:
Effluent limitations
Average of
Effluent characteristic Maximum daily values
I., any 1 for 30 con -
day secutive
days
Milligrams per liter
Fe ............................................... J 2.0 1 1.0
(b) The concentration of pollutants
discharged from mills beneficiating ti-
tanium ores by electrostatic methods,
magnetic and physical methods, or flo-
tation methods shall not: exceed:
§ 440.54
Effluent limitations
Average of
Effluent characteristic Maximum daily values
far any 1 for 30 oon-
day seculive
days
Mltligrems per liter
Zn............................................... 1 1.01 0.5
(c) The concentration of pollutants
discharged in mine drainage from
mines engaged in the dredge mining of
placer deposits of sands containing ru-
tile, ilrnenite, leucoxene, monazite, or
zircon and the milling techniques em-
ployed in conjunction with the dredge
mining activity (milling' techniques
employed include the use of wet grav-
ity methods in conjunction with elec-
trostatic or magnetic methods) shall
not exceed:
Effluent limitations
Average of
Effluent characlarislic Maximum dally values
for any 1 for 30 con -
day secutive
days
Milligrams per liter
Fe ............................................... 1 2.0 1 1.0
§ 440.54 New source performance
standards (NSPS).
Except as provided in subpart L of
this part any new source subject to this
subpart must achieve the following
NSPS representing the degree of efflu-
ent reduction attainable by the appli-
cations of the best available dem-
onstrated technology (SADT):
(a) The concentration of pollutants
discharged in mine drainage from
mines obtaining titanium ores from
lode deposits shall not exceed:
Effluent limitations
Average of
Effluent characteristic Maximum daily values
for any 1 for 30 con -
day secutive
days
Milligrams per liter
Fe............................................... 2.0 1.0
PH............................................... 1 (1)
TSS............................................ 30.0 20.0
359
1 Within the rargo of 6.0 to 9.1.

§ 440.55
(b) The concentration of pollutants
discharged from mills beneficiating ti-
tanium ores by electrostatic methods,
magnetic and physical methods, or flo-
tation methods shall not exceed:
Effluent limitations
Average of
Effluent characteristic Maximum dally values
for any 1 for 30 con -
day secutiva
days
Milligrams per liter
Zn............................................... 1.0 05
pH............................................... (') (1)
Tss............................................ 30.0 20.0
' Within the range of 6.0 to 9.1
(c) The concentration of pollutants
discharged in mine drainage from
mines engaged in the dredge mining of
placer deposits of sands containing ru-
tile, ilmenite, leucoxene, monazite,
zircon and the milling techniques em-
ployed in conjunction with the dredge
mining activity (milling techniques
employed include the use of wet grav-
ity methods in conjunction wth eiec-
trostatic or magnetic methods) shall
not exceed:
Effluent limitations
Average of
Effluent characteristic Maximum daily values
for any 1 1 for 30 con•
day secutive
days
Milligrams per liter
Fe............................................... 2.0 1.0
pH............................................... (1) (1)
TSS ....„....... ..................... 30.0 20.0
Within the range of 6.0 to 9.1.
§ 440.55 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best conventional pollutant control
technology (BCT). Reserved]
Subpart F—Tungsten Ore
Subcategory
§ 440.60 Applicability; description of
the tungsten ore subcategory.
The provisions of this subpart F are
applicable to discharges from (a) mines
that produce tungsten ore and (b) mills
that process tungsten ore by either the
gravity separation or froth -flotation
methods.
40 CFR Ch. 1 (7-1-98 Edition)
§ 440.61 ]Reserved]
§ 440.62 Effluent limitations represent-
ing the degree of effluent reduction
attainable ley the application of the
best practicable control technology
currently available (BPT).
Except as provided in subpart L of
this part and 40 CPR 125.30 through
125.32, any existing point source sub-
ject to this subpart must achieve the
following effluent limitations rep-
resenting the degree of effluent reduc-
tion attainable by the application of
the best practicable control technology
currently available (BPT):
(a) The concentration of pollutants
discharged in mine drainage from
mines producing 5000 metric tons (5512
short tons) or more of tungsten bearing
ores per year shaI I not exceed:
Effluent limitations
Effluent characteristic
Maximum for
Average of
daily values
any 1 day
for 30 con-
secutive days
Milligrams per liter
TSS........................................
30
20
Cd...........................................
.10
.05
cu...........................................
.3
.15
in...........................................
1.0
.5
P6...........................................
.6
.3
As...........................................
1.0
.5
pH- .........................................
(')
(`)
I Within the range 6.0 to 9.0
(b) The concentration of pollutants
discharged in mine drainage from
mines producing less than 5000 metric
tons (5512 short tons) or discharged
from mills processing less than 5000
metric tons (5512 short tons) of tung-
sten ores per year by methods other
than ore leaching shall not exceed:
Effluent limitations
Average or
Effluent characteristic Maximum daily values
for any 1 for 30 con -
day secutive
days
Milligrams per liter
TSS............................................ 50 30
pH............................................... (') (' )
Within the range 6.0 to 9,0.
(c) The concentration of pollutants
discharged from mills processing 5000
metric tons (5512 short tons) or more of
360

Environmental Protection Agency
tungsten ores per year by purely phys-
ical methods including ore crushing,
washing, jigging, heavy media separa-
tion, and magnetic and electrostatic
separation shall not exceed:
Effluent limitations
Effluent characteristic Average of
Maximum far daily values
any t day for 30 con-
secutive days
Milligrams per liter
TSS........................................ 30 20
Cd...........:............................... .10 .05
Cu........................................... .30 .15
Zn........................................... 1.0 .5
As........................................... 1.0 .5
pH ............ (1) (1)
+Within the range 6,010 9.0.
(d) The concentration of pollutants
discharged from mills processing 5000
metric tons (5512 short tons) or more of
tungsten ores per year by froth flota-
tion methods shall not exceed:
Effluent characteristic
TSS........................................
Cd...........................................
Cu...........................................
Zn...........................................
As...........................................
pH...........................................
Effluent limitations
Average of
Maximum for dairy values
any 1 day for 30 con-
SecuGve days
Milligrams per liter
30 20
.10 .05
.30 .15
1.0 .5
1.0 .5
(1) (1)
1 Within the range 6.0 to U.
§440.63 Effluent limitations represent-
ing the degree of effluent reduction
attainable byy the application of the
best availahle technology economi-
cally achievable (BAT).
Except as provided in subpart L of
this part and 40 CFR 125,30 through
125.32, any existing point source sub-
ject to this subpart must achieve the
following limitations representing the
degree of effluent reduction attainable
by the application of the best available
technology economically achievable
(BAT) :
§ 440.64
(a) The concentration of pollutants
discharged in mine drainage from tung-
sten mines shall not exceed:
Effluent limitations
Effluent characteristic Avarage of
Maximum for daily values
any 1 day for 30 con-
secutive days
Milligrams per liter
Cd........................................... CIAO 0.05
Gu........................................... 030 0.15
Zn ............ 1.0 0.5
(b) The concentration of pollutants
discharged from mills shall not exceed:
Effluent limlia6cros
Effluent characteristic
Maximum for
Average of
daily values
any 1 day
for 30 con-
secutive days
Milligrams per liter
Cd...........................................
0.10
0.05
Cu...........................................
0.3
0.15
Zn...........................................
1.0
0.5
§ 440.64 New source performance
standards (NSPS).
Except as provided in subpart L of
this part any new source subject to this
subpart must achieve the following
NSPS representing the degree of efflu-
ent reduction attainable by the appli-
cation of the best available dem-
onstrated technology (BADT):
(a) The concentration of pollutants
discharged in. mine drainage from tung-
sten mines shall not exceed:
Effluent limitations
Effluent characteristic
Maximum for
Average of
daily values
any 1 day
for 30 can-
.
secutive days
Milligrams per liter
Cd...........................................
0.10
0105
Cu...........................................
0.30
0.15
Zn...........................................
1.0
0.5
pH....................... .......:............
(`)
(1)
TSS........................................
30.0
20.0
Within the range of 6.0 to 9,0,
(b) The concentration of pollutants
discharged from mills shall not exceed:
361

§ 440.65
Effluent limitations
40 CFR Ch. 1 (7-1-98 Edition)
Effluent limitations
Effluent characteristic
Maximum for
Aveage of
daily values
Effluent characteristic Average of
Maximum for daily values
any 1 day
for 30 con-
any 1 day for 30 con-
secutive days
Migigrams per Liter
secutiva days
Milligrams per lifer
Cd..........................................
0.10
0.05
TSS........................................ 30 20
Ca....................................-...,,
0.3
0.15
Cd
........................................... .10 .05
Zn1.0
0.5
Cu
.............. ......... ___ .............. ,3 .15
PH...........................................
(1)
(')
Zn
........................................... 1.0 .5
TSS....................... ..............
3D.0
20.0
Pb
As
PH
.........................................- A .3
- .............. 1.0 .5
............. ......... (1) 11)
1 Within the range of 6.0 to 9.0.
1440.05 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best conventional pollutant control
technology (BCT). `Reserved]
Subpart G---Nickel Ore
Subcategory
§ 440.70 Applicability; description of
the nickel ore subcategory.
The provisions of this subpart C are
applicable to discharges from (a) mines
that produce nickel ore and (b) mills
that process nickel ore.
§440.71 [Reserved]
§ 440.72 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best practicable control technology
currently available (BPT).
Except as provided in subpart L of
this part and 40 CFR 125,30 through
125.32, any existing point source sub-
ject to this subpart must achieve the
following effluent limitations rep-
resenting the degree of effluent reduc-
tion attainable by the application of
the best practicable control technology
currently available (BPT):
(a) The concentration of pollutants
discharged in mine drainage from
mines producing 5000 metric tons (5512
short tons) or more of nickel bearing
ores per year shall not exceed:
1 Wllhin the range 6.0 to 9.0.
(b) The concentration of pollutants
discharged in mine drainage from
mines producing less than 5,000 metric
tons (5.512 short tons) or discharged
from mills processing less than 5,000
metric tons (5,512 short tons) of nickel
ores per year by methods other than
ore leaching shall not exceed:
Effluent limitations
Average of
Mien! charactenstc I Maximum daily values
for any I for 30 cmrr
day sacullwa
days
MdLgrams per IVtar
TSS ....50 30
PH.............................................. (1) 0 )
Within the range 6.0 to 9.0.
(c) The concentration of pollutants
discharged from mills processing 5,000
metric tots (5,512 short tons) or more
of nickel ores per year by purely phys-
ical methods including ore crushing,
washing, jigging, heavy media separa-
tion and magnetic and electrostatic
separation shall not exceed:
Effluent limitations
Effluent characteristic Average of
Maximum for daily values
any 1 day for 30 can.
secutive days
Milligrams par liter
T55........................................ 30 20
Cd........................................... .10 .05
Cu........................................... .30 .15
Zn........................................... 1.0 .5
As........................................... 1.0 .5
PH........................................... (1) {'l
I Within the range 6.0 to 9.0
(d) The concentration of pollutants
discharged from mills processing 5.000
metric tons (5,512 short tons) or more
362

Environmental Protection Agency
of nickel ore per year by froth flotation
methods shall not exceed:
Effluent Ilmliations
Effluent characteristic
Maximum for
Average of
daily values
any 1 day
for 30 con-
secutive days
Milligrams per liter
TSS._................_...................
30
20
Cd...........................................
.10
.05
Cu...........................................
.3o
.15
Zn...........................................
1.0
.5
As...........................................
1.0
.5
pH...........................................
(')
C?
' Within the range 6.0 to 9.0
§ 440.73 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best available technology economi-
cally achievable (BAT). [Reserved]
§440.74 New source performance
standards (NSPS). [Reserved]
§440.75 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best conventional pollutant control
technology (BCT). [Reserved]
Subpart H—Vanadium Ore Sub-
category (Mined Alone and
Not as a Byproduct)
§ 440.80 Applicability; description of
the vanadium ore subcategory.
The provisions of this subpart H are
applicable to discharges from (a) mines
that produce vanadium ore (recovered
alone and not as a by-product of ura-
nium mining and mills) and (b) mills
that process vanadium ore (recovered
alone, not as a byproduct of uranium
mining and mills).
§440.81 [Reserved]
§ 440.82 Effluent limitations represent-
Ing the degree of effluent reduction
attainable by the application of the
best practicable control technology
currently available (BPT).
Except as provided in subpart L of
this part and 40 CFR 125.30 through
125.32, any existing point source sub-
§ 440.82
ject to this subpart must achieve the
following effluent limitations rep-
resenting the degree of effluent reduc-
tion attainable by the application of
the best practicable control technology
currently available (BPT):
(a) The concentration of pollutants
discharged in mine drainage from
mines producing 5.000 metric tons (5,512
shorC tons) or more of vanadium bear-
ing ores per year shall not exceed:
Effluent limitations
EfOuentcheractensdo Average of
Maximum for daily values
any 1 day for 30 con-
secutive days
Milligrams per liter
TS5.................................:...... 30 20
Cd............................................ .70 .05
Cu........................................... .3 .15
Zn........................................... 1.0 .5
Pb........................................... .6 .3
As........................................... 1.0 .5
pH........................................... (') (1)
Within the range 6.0 to 9.0.
(b) The concentration of pollutants
discharged in mine drainage from
mines producing less than 5,000 metric
tons (5,512 short tons) or discharged
from mills processing less than 5,000
metric tons (5,512 short tons) of vana-
dium ore per year by methods other
than ore leaching shall not exceed:
Effluent limitations
Average of
Effluent characteristic Maximum daily values
for any 1 for 30 con -
day secutive
days
Milligrams per liter
TSS............................................ 50 30
pH..............................
I Within the range 6.0 to 9.0,
(c) The concentration of pollutants
discharged from mills processing 5,000
metric tons (5,512 short tons) or more
of vanadium ores per year by purely
physical methods including ore crush-
ing, washing, jigging, heavy media sep-
aration, and magnetic and electro-
static separation shall not exceed:
363

§ 440.83
Effluent characteristic
TSS........................................
Cd...........................................
Cu...........................................
Zn...........................................
As...........................................
pH...........................................
I Within the range 6.0 to 9.0.
40 CFR Ch. 1 (7--1-98 Edition)
Effluent limitations 4440.91 [Reserved]
Average of
Maximum for daily values § 440.9E Effluent limitations represent -
any t day for 3o con- ing the degree of effluent reduction
seculive days attainable by the application of the
Milligrams per liter best practicable control technology
currently available (BPT). [Re -
PO served[
AD .06
30 .15
to .5
1,0 .5
(') (' )
(d) The concentration of pollutants
discharged from mills processing 5.000
metric tons (5,512 short tons) or more
of vanadium ores per year by froth flo-
tation methods shall not exceed:
Effluent limllatlons
Average of
Maximum for daily values
Effluent characledslic
any t day for 30 con-
secutive days
Milligrams per liter
TSS........................................
30
20
Cd...........................................
.10
'05
cu...........................................
.30
.15
Zn...........................................
1,0
.5
As...........................................
to
.5
pH...........................................
(1)
(1)
t Within the range 6.0 to 9.0
§ 440.83 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best available technology economi-
cally achievable (BAT), [Reserved]
§440.84 New source performance
standards (NSPS). ]Reserved]
§440.95 Effluent limitations represent-
ing the degree of effluent reduction
attainable by the application of the
best conventional pollutant control
technology (BCT), [Reserved]
Subpart I —Antimony Ore
Subcategory
§ 440.90 Applicability; description of
the antimony ore subcategory.
The provisions of this subpart I are
applicable to discharges from (a) mines
that produce antimony ore and (b)
mills that process antimony ore.
§ 440.93 Effluent limitations represent-
ing the degree of effluent reduction
attainable byy the application of the
best available technology economi-
cally achievable (BAT). (Reserved]
§ 440.94 New source performance
standards (NSPS). [Reserved]
§440.95 Effluent limitations represent-
ing the degree of effluent reduction
attainablety the application of the
best conventional pollutant control
technology (BCT). eserved]
Subpart J—Copper, Lead, Zinc,
Gold, Silver, and Molyb-
denum Ores Subcategory
§ 440.100 Applicability; description of
the copper, lead, zinc, gold, silver,
and molybdenum ores subcategory.
(a) The provisions of this subpart J
are applicable to discharges from—
(1) Mines that produce copper, lead,
zinc, gold, silver, or molybdenum bear-
ing ores, or any combination of these
ores from open -pit or underground op-
erations other than placer deposits;
(2) Mills that use the froth -flotation
process alone or in conjunction with
other processes, for the beneficiation of
copper, lead, zinc, gold, silver, or mo-
lybdenum ores, or any combination of
these ores;
(3) Mines and mills that use dump,
heap, in -situ leach, or vat -leach proc-
esses to extract copper from ores or ore
waste materials; and
(4) Mills that use the cyanidation
process to extract gold or silver.
(b) Discharge from mines or mines
and mills that use gravity separation
methods (including placer or dredge
mining or concentrating operations,
and hydraulic mining operations) to
extract gold ores are regulated under
subpart M.
(c) Discharge from mines (including
placer or dredge mining, and hydraulic
mining operations) or mines and mills
that use gravity separation methods to
364

Environmental Protection Agency
extract silver from placer ores are not
covered under this part.
(d) The provisions of this subpart
shall not apply to discharges from the
Quartz Mill Molybdenum Project in the
Tortgass National Forest, Alaska.
147 FR 54609. Dec. 3. 1982, as amended at 53
FR 18798, May 24, 19881
§ 440.101 ]Reserved]
§ 440.102 Effluent limitations rep-
resenting the degree of effluent re-
duction attainable by the applica-
tion of the best practicable control
technology (BPT).
Except as provided in subpart 1. of
this part and 40 CFR 125.30 through
125.32, any existing point source sub-
ject to this subpart must achieve the
following effluent limitations rep-
resenting the degree of effluent reduc-
tion attainable by the application of
the best practicable control technology
currently available (BPT):
(a) The concentration of pollutants
discharged in mine drainage from
mines operated to obtain copper bear-
ing ores. lead bearing ores, zinc bearing
ores, gold bearing ores, or silver bear-
ing ores, or any combination of these
ores open -pit or underground oper-
ations other than placer deposits shall
not exceed:
Effluent limitations
Effluent characteristic Average of
Maximum for daily values
any 1 day for 30 con-
secutive days
Milligrams per liter
TSS........................................
30
20
Cu......... ................_............,
30
_15
Zn...........................................
1.5
.75
Ph...........................................
.6
.3
Hg...........................................
.002
.001
pH...........................................
C)
(')
'Within the range 6.0 to 9.0.
(b) The concentration of pollutants
discharged from mills which employ
the froth flotation process alone or in
conjunction with other processes, for
the beneficiation of copper- ores, lead
ores, zinc ores, gold ores, or silver ores,
or any combination of these ores shall
not exceed:
§ 440,102
Effluent limitations
Effluent characteristic
Maximum for
Average of
daily values
any 1 day
for 30 con-
socutiva days
Milligrams per liter
TSS........................................
30
20
Cu...........................................
.30
.15
Zn...........................................
1.0
.5
Pb...........................................
.6
.3
Hg...........................................
.002
'001
Cd...........................................
.10
.05
pH...........................................
(')
C)
' Within the range 6.0 to 9.0
(c)(1) Except as provided in paragraph
(c) of this section, there shall be no dis-
charge of process wastewater to navi-
gable water from mines and mills
which employ dump. heap, in situ leach
or vat leach processes for the extrac-
tion of copper from ores or ore waste
materials. The Agency recognizes that
the elimination of the discharge of pol-
lutants to navigable waters may result
in an increase in discharges of some
pollutants to other media. The Agency
has considered these Impacts and has
addressed them in the preamble pub-
lished on December 3, 1982.
(2) In the event that the annual pre-
cipitation falling on the treatment fa-
cility and the drainage area contribut-
ing surface runoff to the treatment fa-
cility exceeds the annual evaporation,
a volume of water equivalent to the
difference between annual precipita-
tion falling on the treatment facility
and the drainage area contributing sur-
face runoff to the treatment facility
and annual evaporation may be dis-
charged subject to the limitations set
forth in paragraph (a) of this section.
(d)(1) Except as provided in para-
graph (d) of this section, there shall be
no discharge of process wastewater to
navigable waters from mills which ex-
tract gold or silver by use of the cyani-
dation process. The Agency recognizes
that the elimination of the discharge of
pollutants to navigable waters may re-
sult in an increase in discharges of
some pollutants to other media. The
Agency has considered these impacts
and has addressed them in the pre-
amble published on December 3, 1982.
365

§ 440.103
(2) In the event that the annual pre-
cipitation falling on the treatment fa-
cility and the drainage area contribut-
ing surface runoff to the treatment fa-
cility exceeds the annual evaporation,
a volume of water equivalent to the
difference between annual precipita-
tion falling on the treatment facility
and the drainage area contributing sur-
face runoff to the treatment facility
and annual evaporation may be dis-
charged subject to the limitations set
forth in paragraph (a) of this section.
(e) The concentration of pollutants
discharged in mine drainage from
mines producing 5,000 metric tons (5,512
short tons) or more of molybdenum
bearing ores per year shall not exceed;
Effluent limilations
40 CFR Ch. 1 (7-1-98 Edition)
Effluent firnkations
Effluent characteristic AveMga of
Maximum for dailyy value
any 1 day for 30 con-
secutive days
Milligrams per liter
TSS ..........................
30
20
cd... ....... .................. ...........
10
.05
cu....... ................. ..............
30
.15
Zn..................................
1.0
.5
As............................... .........
1.0
.5
PH......... ......"--"........... ' ......
(r)
(r )
Within the range 6.0 b 9.0
(h) The concentration of pollutants
discharged froth mills processing 5,000
metric tons (5,512 short tons) or more
of molybdenum ores per year by froth
flotation methods shall not exceed;
Effluent limitations
Effluent tharacleristic
Maximum for
Average of
daily values
Aver a of
any 1 day
for 30 ton-
Effluent characteristics
Maximum for
daily Values
secullve days
any 1 day
for 30 wn.
eecutive days
Milligrams Der liter
Milligrams per liter
TSS...............................
30
20
30
20
cd...........................................
10 .05 TSS........................................
Cu.......... ............................. ..
3
.16
Cd...........................................
.10
.05
Zn...................---....................
1,0
.5
cu...........................................
.30
.15
Pb...........................................
.6
.3
Zn ......................................_..
1.0
.5
As.......................---................
1.0
.5
As .......... ......_........................
1.0
PH...................................
C >
v
pH ........................................
(r)
.5
(' )
Within the range of 6.0 to 9.0
+ Within the range 6.0 to 0.0.
(0 The concentration of pollutants
discharged in mine drainage from
mines producing less than 5,000 metric
tons (5,512 short tons) or discharged
from mills processing less than 5,000
metric tons (5,512 short tons) of molyb-
denum ores per year by methods other
than ore leaching shall not exceed;
Effluent Ornitatlons
Avela?o 11
Effluent characteristic Maximum daily values
for any 1 for 30 con -
day sxutivo
days
TSS
PH.
I Within the range 6.0 to 9.0.
Milligrams per liter
50 3o
(g) The concentration of pollutants
discharged from mills processing 5,000
metric tons (5,512 short tons) or more
of molybdenum ores per year by purely
physical methods including ore crush-
ing, washing, jigging, heavy media sep-
aration shall not exceed:
147 FR 54509. Dec. 3, 1982, as amended at 53
Fit 18798. May 24, 1988]
§440.103 Effluent limitations rep.
resenting the degree of effluent re-
duction attainable by the applica-
tion of the best available tech-
nology economically achievable
(BA'PT
Except as provided in subpart L of
this part and 40 CFR 125.30 through
125.32, any existing point source sub-
ject to this subpart: must achieve the
following effluent limitations rep-
resenting the degree of effluent reduc-
tion attainable by the application of
the best available technology economl-
cally achievable (BAT):
(a) The concentration of pollutants
discharged in mine drainage from
mines that produce copper, lead, zinc.
gold, silver, or molybdenum bearing
ores or any combination of these ores
from open -pit or underground oper-
ations other than placer deposits shall
not exceed:
366

Environmental Protection Agency
Effluent limitations
Effluent characteristic dailyAverage of
Maximum for values
any 1 day for 30 con-
secutive days
Milligrams per liter
Cu........................................... 1 0.30 0.15
Zn........................................... 1.s 0,75
Pb ........................................... 0.6 0.3
Hg........................................... 0.002 0,001
CA ........................................... 0.10 0.05
(b) The concentration of pollutants
discharged from mills that use the
froth -flotation process alone, or in con-
junction with other processes, for the
beneficiation of copper, lead, zinc, gold,
silver, or molybdenum ores or any
combination of these ores shall not ex-
ceed:
Effluent limitations
Effluent characteristic Average of
Maximum for daily values
any 1 day for 30 con-
Secutive days
Milligrams per liter
Cu........................................... 0.30 0.15
Zn........................................... 1.0 0.5
Pb........................................... 0.6 0.3
Hg........................................... 0.002 0.001
Cd........................................... 0.10 0,05
(c)(1) Except as provided in paragraph
(c) of this section, there shall be no dis-
charge of process wastewater to navi-
gable waters from mine areas and mills
processes and areas that use dump,
heap, in situ leach or vat -leach proc-
esses to extract copper from ores or ore
waste materials. The Agency recog-
nizes that the elimination of the dis-
charge of pollutants to navigable wa-
ters may result in an increase in dis-
charges of some pollutants to other
media. The Agency has considered
these impacts and has addressed them
in the preamble published on December
3, 1982,
(2) In the event that the annual pre-
cipitation falling on the treatment fa-
cility and the drainage area contribut-
ing surface runoff to the treatment fa-
cility exceeds the annual evaporation,
a volume of water equal to the dif-
ference between annual precipitation
§ 440.104
falling on the treatment, facility and
the drainage area contributing surface
runoff to the treatment facility and an-
nual evaporation may be discharged
subject to the limitations set: forth in
paragraph (a) of this section.
(d)(1) Except as provided in para-
graph (d) of this section, there shall be
no discharge of process wastewater to
navigable waters from mills that use
the cyanidation process to extract gold
or silver. The Agency recognizes that
the elimination of the discharge of pol-
lutants to navigable waters may result
in an increase in discharges of some
pollutants to other media. The Agency
has considered these impacts and has
addressed them in the preamble pub-
lished on December 3, 1982.
(2) In the event that the annual pre-
cipitation falling on the treatment fa-
cility and the drainage area contribut-
ing surface runoff to the treatment fa-
cility exceeds Lite annual evaporation,
a volume of water equal to the dif-
ference between annual precipitation
falling on the treatment facility and
the drainage area contributing surface
runoff to the treatment facility and an-
nual evaporation may be discharged
subject to the limitations set forth in
paragraph (a) of this section.
(47 Fit 54609. Dec. 3, 1982. as amended at 53
FR 18788, May 24, 1988]
9440.104 New source performance
standards (NSPS).
Except as provided in subpart L of
this part any new source subject to this
subsection must achieve the following
NSPS representing the degree of efflu-
ent reduction attainable by the appli-
cation of the best available dem-
onstrated technology (SADT):
(a) The concentration of pollutants
discharged in mine drainage from
mines that produce copper, lead, zinc,
gold, silver, or molybdenum bearing
ores or any combination of these ores
from open -pit or underground oper-
ations other than placer deposits shall
not exceed:
367

§ 440.104
Effluent limitations
Effluent characteristic Average oT
Maximum for daily values
any 1 day for 30 can-
secutive days
Milligrams per liter
Cu...........................................
0.30
0.15
2n...........................................
1.5
0.75
Pb...........................................
0.6
0.3
Hp ...........................................
UO2
OA01
Cd.............................•.............
0.10
0.05
pH...........................................
V)
(')
TSS........................................
30.0
20.0
Within the range 6.0 to 9.0.
(b)(1) Except as provided in para-
graph (b) of this section, there shall be
no discharge of process wastewater to
navigable waters from mills that use
the froth -flotation process alone, or in
conjunction with other processes, for
the beneficiation of copper, lead, zinc,
gold, silver, or molybdenum ores or
any combination of these ores. The
Agency recognizes that the elimination
of the discharge of pollutants to navi-
gable waters may result in an increase
in discharges of some pollutants to
other media. The Agency has consid-
ered these impacts and has addressed
them in the preamble published on De-
cember 3, 1982.
(2)(1) In the event that the annual
precipitation falling on the treatment
facility and the drainage area contrib-
uting surface runoff to the.treatment
facility exceeds the annual evapo-
ration, a volume of water equal to the
difference between annual precipita-
tion falling on the treatment facility
and the drainage area contributing sur-
face runoff to the treatment facility
and annual evaporation may be dis-
charged subject to the limitations set
forth in paragraph (a) of this section.
(il) In the event there is a build up of
contaminants in the recycle water
which significantly interferes with the
ore recovery process and this inter-
ference can not be eliminated through
appropriate treatment of the recycle
water, the permitting authority may
allow a discharge of process waste-
water In an amount necessary to cor-
rect the interference problem after in-
stallation of appropriate treatment.
This discharge shall be subject, to the
limitations of paragraph (a) of this sec-
tion. The facility shall have the burden
of demonstrating to the permitting nu-
40 CFR Ch. 1 (7-1-98 Edition)
thority that the discharge is necessary
to eliminate interference in the ore re-
covery process and that the inter-
ference could not be eliminated
through appropriate treatment of the
recycle water.
(c)(1) Except as provided in paragraph
(c) of this section, there shall be no dis-
charge of process wastewater to navi-
gable waters from mine areas and mills
processes and areas that use dump,
heap. in -situ leach or vat -leach proc-
esses to extract copper from ores or ore
waste materials. The Agency recog-
nizes that the elimination of the dis-
charge of pollutants to navigable wa-
ters may result in an increase in dis-
charges of some pollutants to other
media. The Agency has considered
these impacts and has addressed them
in the preamble published on December
3, 1982,
(2) In the event that the annual pre-
cipitation failing on the treatment fa-
cility and the drainage area contribut-
ing surface runoff to the treatment fa-
cility exceeds the annual evaporation,
a volume of water equal to the dif-
ference between annual precipitation
falling on the treatment facility and
the drainage area contributing surface
runoff to the treatment facility and an-
nual evaporation may be discharged
subject to the limitations set forth in
paragraph (a) of this section.
(d)(1) Except as provided in para-
graph (d) of this section, there shall be
no discharge of process wastewater to
navigable waters from mills that use
the cyanidation process to extract gold
or silver. The Agency recognizes that
the elimination of the discharge of pol-
lutants to navigable,waters may result
in an increase in discharges of some
pollutants to other media. The Agency
has considered these impacts and has
addressed them in the preamble pub-
lished on December 3, 1982.
(2) in the event that the annual pre-
cipitation falling on the treatment fa-
cility and the drainage, area contribut-
ing surface runoff to the treatment fa-
cility exceeds the annual evaporation.
a volume of water equal to the dif-
ference between annual precipitation
falling on the treatment facility and
the drainage area contributing surface
runoff to the treatment facility and an-
nual evaporation may be discharged
368

Environmental Protection Agency
subject to the limitations set forth in
paragraph (a) of this section.
147 Fit 54609, Dec. 3, 1982, as amended at 53
F12 18788, May 24. 19881
EFPrCnVE DATt_ NOTE: Paragraph (b)(2)(ii)
of §440.104 published at 47 Fi2 54609, Dec. 3,
1992, contains information collection re-
quirernenLs which will not become effective
until Office of Management and Budget ap-
proval has been obtained.
§ 440.105 Effluent limitations rep-
resenting the degree of effluent re-
duction attainable by the applica-
tion of the best conventional pollut-
ant control technology (BCT). [Re-
served[
Subpart K—Platinum Ores
Subcategory
§440,110 Applicability; description of
the platinum ore subcategory.
The provisions of this subpart K are
applicable to discharges from (a) mines
that produce platinum ore and (b) mills
that process platinum ore.
§440,111 [Reserved]
§ 440.112 Effluent limitations rep-
resenting the degree of effluent re-
duction attainable by the applica-
tion of the best practicable control
technology currently available
(BPT). [Reserved]
§ 440.113 Effluent limitations rep-
resenting the degree of effluent re-
duction attainable by the applica-
tion of the best available tech-
nology economically achievable
(BAT).
Except as provided in subpart L of
this part and 40 CFR 125.30 through
125.32, any existing point source sub-
ject to this subpart must achieve the
following effluent limitations rep-
resenting the degree of effluent reduc-
tion attainable by the application of
the best available technology economi-
cally achievable (SAT):
(a) The concentration of pollutants
discharged in mine drainage from
mines that produce platinum bearing
ores from open -pit or underground op-
erations other than placer deposits
shall not exceed:
§ 440.131
Effluent limitations
Effluent cliaractadstic Average of
Maximum for deity values
any 1 day for 30 con-
secutive days
Milligrams per liter
Cu........................................... 0.30 0A5
Zn........................................... 1.5 0,75
Pb........................................... 0.6 0,3
fig ........................................... 0.002 0,001
CA ........................................... 0.10 0.05
(13) The concentration of pollutants
discharged from mills that use the
froth -flotation process alone, or in con-
junction with other processes, for the
beneficiation of platinum ores shall
not exceed:
Effluent limitations
Effluent characteristic
Maximum for
Average of
daily values
any 1 day
for 30 con-
secutive days
Milligrams per liter
Cu...........................................
0.30
0.15
Zn...........................................
1.0
05
Pb...........................................
0.6
0.3
Hg...........................................
0.002
0,001
Cd...........................................
0.10
0.05
§ 440.114 New source performance
standards (NSPS). [Reserved]
§ 440.115 Effluent limitations rep-
resenting the degree of effluent re-
duction attainable by the applica-
tion of the best conventional pollut-
ant control technology (BTC). [Re-
served]
Subpart L—General Provisions and
Definitions
§ 440.130 Applicability.
Abbreviations and methods of analy-
sis set forth in 40 CFR part 401 shall
apply to part 440 except as provided in
these general provisions and defini-
tions. The general provisions and defi-
nitions in this subpart apply to all sub-
parts of part 440 unless otherwise
noted.
§ 440.131 General provisions.
(a) In the
event that waste streams from various
subparts or segments of subparts in
part 440 are combined for treatment
369

§ 440.131
and discharge, the quantity and con-
centration of each pollutant or pollut-
ant property in the combined discharge
that is subject to effluentlimitations
shall not exceed the quantity and con-
centration of each pollutant or pollut-
ant property that could have been dis-
charged had each waste stream been
treated separately. In addition, the dis-
charge flow from the combined dis-
charge shall not exceed the volume
that could have been discharged had
each waste stream been treated sepa-
rately.
(b)
If, as a result of pre-
Cipitation or snowmelt, a source with
an allowable discharge under 40 CFR
part 440 has an overflow or excess dis-
charge of effluent which does not meet
the limitations of 40 CFR part 440, the
source may qualify for an exemption
from such limitations with respect to
such discharge if the following condi-
tions are met:
(1) The facility is designed, con-
structed and maintained to contain the
maximum volume of wastewater which
would be generated by the facility dur-
ing a 24-hour period without an in-
crease in volume from precipitation
and the maximum volume of waste-
water resulting from a 10-year, 24-hour
precipitation event or treat the maxi-
mum now associated with these vol-
umes. In computing the maximum vol-
ume of wastewater which would result
from a 10-year, 24-hour precipitation
event, the facility must include the
volume which would result from all
areas contributing runoff to the indi-
vidual treatment facility, i.e., all run-
off that is not diverted from the active
mining area and runoff which is not di-
verted from the mill area.
(2) The facility takes a)) reasonable
steps to maintain treatment of the
wastewater and minimize the amount
of overflow.
(3) The facility complies with the no-
tification requirements of § 122.60 (g)
and (h). The storm exemption is de-
signed to provide an affirmative de-
fense to an enforcement action. There-
fore, the operator has the burden of
demonstrating to the appropriate au-
thority that the above conditions have
been met.
40 CFR Ch. 1 (7-1-98 Edition)
(c)
If, as a result of
precipitation (rainfall or snowmelt), a
source which is not permitted to dis-
charge under 40 CFR part 440. has an
overflow or discharge which violates
the limitations of 40 CFR part 440, the
source may qualify for an exemption
from such limitations with respect to
such discharge if the following condi-
tions are met:
(1) The facility is designed, con-
structed, and maintained to contain
the maximum volume of wastewater
stored and contained by the facility
during normal operating conditions
without an increase in volume from
precipitation and the maximum vol-
ume of wastewater resulting from a 10-
year, 24-hour precipitation event. In
computing the maximum volume of
wastewater which would result from a
10-year, 24-hour precipitation event,
the facility must include the volume
which would result from all areas con-
tributing runoff to the individual
treatment facility, i.e., all runoff that
is not diverted from the area or process
subject to zero discharge, and other
runoff that is allowed to commingle
with the influent to the treatment sys-
tem.
(2) The facility takes all reasonable
steps to minimize the overflow or ex-
cess discharge.
(3) The facility complies with the no-
tification requirements of 5122.60(g)
and (h). The storm exemption is de-
signed to provide an affirmative de-
fense to an enforcement action. There-
fore, the operator has the burden of
demonstrating to the appropriate au-
thority that the above conditions have
been met.
(d) (1) Where the appli-
cation of neutralization and sedimenta-
tion technology to comply with rel-
evant metal limitations results in an
inability to comply with the pH range
of 6 to 9. the permit issuer may allow
the pH level in the final effluent to
slightly exceed 9.0 so that the copper,
lead, zinc, mercury, and cadmium limi-
tations will be achieved.
(2) In the case of a discharge into
natural receiving waters for which the
pl•I, if unaltered by human activities, is
or would be less than 6.0 and approved
water quality standards authorize such
370

Environmental Protection Agency
lower pH, the pH limitations for the
discharge may be adjusted downward
to the pH water quality criterion for
the receiving waters provided the other
effluent limitations for the discharge
are met. In no case shall a pH limita-
tion below 5.0 be permitted.
(e)
In the event a new source subject to a
no discharge requirement can dem-
onstrate that groundwater infiltration
contributes a substantial amount of
water to the tailing impoundment or
wastewater holding facility, the per-
mitting authority may allow the dis-
charge of a volume of water equivalent
to the amount of groundwater infiltra-
tion. This discharge shall be subject to
the limitations for mine drainage ap-
plicable to the new source subcategory.
§ 440.132 General definitions.
(a) "Active mining area" is a place
where work or other activity related to
the extraction, removal, or recovery of
metal ore is being conducted, except,
with respect to surface mines, any area
of land on or in which grading has been
completed to return the earth to de-
sired contour and reclamation work
has begun.
(b) "Annual precipitation'' and "an-
nual evaporation" are the mean annual
precipitation and mean annual lake
evaporation, respectively, as estab-
lished by the U.S. Department of Com-
merce, Environmental Science Services
Administration, Environmental Data
Services, or equivalent regional rain-
fall and evaporation data.
(c) "Appropriate treatment of the re-
cycle water'' in subpart J, §440.104 In-
cludes, but is not limited to pH adjust-
ment, settling and pH adjustment, set-
tling, and mixed media filtration,
(d) "Groundwater infiltration'' in
§440.131 means that water which enters
the treatment facility as a result of the
interception of natural springs,
aquifers, or run-off which percolates
into the ground and seeps into the
treatment facility's tailings pond or
wastewater holding facility and that
cannot be diverted by ditching or
grouting the tailings pond or waste-
water holding facility.
(e) "in -situ leach methods'' means
the processes involving the purposeful
introduction of suitable leaching solu-
§ 440,132
tions into a uranium ore body to dis-
solve the valuable minerals in place
and the purposeful leaching of uranium
ore in a static or semistatic condition
either by gravity through an open pile,
or by flooding a confined ore pile. It
does not include the natural dissolu-
tion of uranium by ground waters, the
Incidental leaching of uranium by mine
drainage, nor the rehabilitation of
aquifiers and the monitoring of these
aquifiers.
(f) ''Mill'' is a preparation facility
within which the metal ore is cleaned,
concentrated, or otherwise processed
before it is shipped to the customer, re-
finer, smelter, or manufacturer. A mill
includes all ancillary operations and
structures necessary to clean, con-
centrate, or otherwise process metal
ore, such as ore and gangue storage
areas and loading facilities.
(g) "Mine'' is an active ruining area,
including all land and property placed
under, or above the surface of such
land, used in or resulting from the
work of extracting metal ore or min-
erals front their natural deposits by
any means or method, including sec-
ondary recovery of metal ore from
refuse or other storage piles, wastes, or
rock dumps and mill tailings derived
from the mining, cleaning, or con-
centration of metal ores.
(h) "Mine drainage" means any water
drained, pumped, or siphoned from a
mine.
(i) ''Ten (10)-year, 24-hour precipita-
tion event" is the maximum 24-hour
precipitation event with a probable re-
currence interval of once in 10 years as
established by the U.S. Department of
Commerce. National Oceanic and At-
mospheric Administration, National
Weather Service, or equivalent. re-
gional or rainfall probability informa-
tion.
0) "U'' (Uranium) is measured by the
procedure discussed in 40 CFR
141.25(b)(2), or an equivalent method.
14101
Subpart M—Gold Placer Mine
Subcategory
SOURCE: 53 FIR 18788, May 24, 1988, unless
otherwise noted.

§ 440.140
§ 440.140 Applicability; description of
the gaid placer mine subcategory.
(a) The provisions of this subpart M
are applicable to discharges from—
(1) Mines and dredges that produce
gold or gold bearing ores from placer
deposits: and
(2) The beneficiation processes which
use gravity separation methods for re-
covering gold from placer depusits.
(b) The provisions of this subpart M
are not applicable to any mines or
beneficiation processes which process
less than 1500 cubic yards (cu yd) of ore
per year, or to dredges which process
less than 50,000 cu yd of ore per year, or
to dredges located In open waters (i.e.,
open bays• marine waters, or major riv-
ers).
§440.141 Specialized definitions and
provisions.
For the purpose of this subpart M.
the general definitions, abbreviations,
methods of analysis, and general provi-
sions set forth in 40 CFR part 401 shall
apply except as superseded by those
below. The general provisions and defi-
nitions set forth in' 40 CFR part 440,
subpart L. shall not apply to this sub-
part.
(a) The follow-
ing specialized definitions apply to this
subpart only.
(1) "Beneficiation area" means the
area of land used to stockpile ore im-
mediately before the beneficiation
process, the area of land used for the
beneficiation process, the area of land
used to stockpile the tailings imme-
diately after the beneficiation process,
and the area of land from the stock-
piled tailings to the treatment system
(e.g.. holding pond or settling pond,
and the area of the treatment- system).
(2) "Beneficiatlon process" means the
dressing or processing of gold bearing
ores for the purpose of—
(i) Regulating the size of, or recover-
ing, the ore or product,
(ii) Removing unwanted constituents
from the ore, and
(111) Improving the quality, purity, or
assay grade of a desired product,
(3) "Drainage water" means inciden-
tal surface waters from diverse sources
such as rainfall, snow melt or perma-
frost melt.
40 CFR Ch. 1 (7-1-98 Edition)
(4) "Dredge" means a self-contained
combination of an elevating excavator
(e.g,, bucket line dredge), the
beneficiation or gold -concentrating
plant, and a tailings disposal plant, all
mounted on a floating barge.
(5) "Five (5) year, 6-hour precipita-
tion event" means the maximum 6-
hour precipitation event with a prob-
able recurrence interval of once in 5
years as established by the U.S. De-
partment of Commerce, National Oce-
anic and Atmospheric Administration,
National Weather Service, or equiva-
lent regional or rainfall probability in-
formation.
(6) "Gravity separation methods"
means the treatment of mineral par-
ticles which exploits differences be-
tween their specific gravities. The sep-
aration is usually performed by means
of sluices, jigs, classifiers, spirals,
hydrocyclones, or shaking tables-
(7) "Infiltration water" means that
water which permeates through the
earth into the plant site.
(&) "Mine" means a place where work
or other activity related to the extrac-
Lion or recovery of ore is performed.
(9) "Mine area" means the land area
from which overburden is stripped and
ore is removed prior to moving the ore
to the beneficiation area.
(10) "Mine drainage" means any
water drained, pumped or siphoned
from a mine.
(11) "New water" means water from
any discrete source such as a river,
creek, lake or well which is delib-
erately allowed or brought into the
plant site.
(12) "Open cut mine" means any form
of recovery of ore from the earth ex-
cept by a dredge.
(13) "Ore" means gold placer deposit
consisting of metallic gold -bearing
gravels, which may be: residual, from
weathering of rocks in -situ; river grav-
els in active streams; river gravels in
abandoned and often buried channels;
alluvial fans; sea -beaches; and sea -
beaches now elevated and inland. Ore is
the raw "bank run" material measured
in place, before being moved by me-
chanical or hydraulic means to a
beneficiation process.
(14) "Permit area" means the area of
land specified or referred to in an
NPDES permit in which active mining
372

Environmental Protection Agency
and related activities may occur that:
result in the discharge regulated under
the terms of the permit. Usually this is
specifically delineated in an NPDES
permit or permit application, but in
other cases may be ascertainable from
an Alaska Tri-agency permit applica-
tion or similar document specifying
the urine location, mining plan and
similar data.
(15) "Plant site'' means the area oc-
cupied by the mine, necessary haulage
ways from the mine to the
beneficiation process, the beneficiation
area, the area occupied by the waste-
water treatment facilities and the stor-
age areas for waste materials and sol-
ids removed from the wastewaters dur-
ing treatment.
(16) "Process wastewater" means all
water used in and resulting from the
beneficiation process, including but not
limited to the water used to move the
ore to and through the beneficiation
process, Cite water used to aid in classi-
fication, and the water used in gravity
separation, mine drainage, and infiltra-
tion and drainage waters which com-
mingle with mine drainage or waters
resulting from cite beneficiation proc-
ess.
(17) ''Settleable solids" means the
particulate material (both organic or
inorganic) which will settle in one hour
expressed in milliliters per liter (ml/l)
as determined using an Imhof£ cone
and the method described for Residue —
Settleable in 40 CPR part 136.
(b)
This specialized provision applies
to this subpart M only. If, as a result of
precipitation (rainfall or snowmelt), a
source subject to this subpart has an
overflow or discharge of effluent which
does not meet the limitations or stand-
ards of this subpart, the source may
qualify for an exemption from such
limitations and standards with respect
to such discharge if the following con-
ditions are met:
(1) The treatment system is designed,
constructed, and maintained to contain
the maximum volume of untreated
process wastewater which would be dis-
charged, stored, contained and used or
recycled by the beneficiation process
Into the treatment system during a 4-
hour operating period without an in-
crease in volume from precipitation or
§ 440.142
infiltration, plus the maximum volume
of water runoff resulting fronn a 5-year,
6-hour precipitation event. In comput-
ing the maximum volume of water
which would result front a 5-year, 6-
hour precipitation event, the operator
must include the volume which would
result from the plant site contributing
runoff to the individual treatment fa-
cility.
(2) The operator takes all reasonable
steps to maintain treatment of the
wastewater and minimize the amount
of overflow.
(3) The source is in compliance with
the BMP in § 140,148 and related provi-
sions of its NPDES permit.
(4) The operator complies with the
notification requirements of § 122.41 (m)
and (n) of this title. The storm exemp-
tion is designed Co provide an affirma-
tive defense to an enforcement action.
Therefore, the operator has the burden
of demonstrating to the appropriate
authority that the above conditions
have been met.
§ 440.142 Effluent limitations rep-
resenting the degree of effluent re-
duction attainable by the applica-
tion of the best practicable control
technology currently available
(BPT)•
Except as provided in 40 CFR 125.30—
t25.32, any existing point source sub-
ject to this subpart must achieve the
following effluent limitations rep-
resenting the degree of effluent reduc-
tion attainable by the application of
the best practicable control technology
currently available (BPT):
(a) The concentration of pollutants
discharged in process wastewater- from
an open -cut mine plant site shall not
exceed:
Effluent limitations
Effluent characteristics Instantaneous
maximum
Settleable solids ........................................... 0.2 mUl
(b) The concentration of pollutants
discharged in process wastewater from
a dredge plant site shall not exceed:
Effluent Ilmita•
Effluent characteristics tion"nslanta-
neous maxi-
mum
Settleable solids - ......................................... 0.2 mill
373

§ 440.143
§ 440.143 Effluent limitations rep-
resenting the degree of effluent re-
duction attainable by the applica-
tion of the best available tech-
nology economically achievable
(B10i
Except as provided in 40 CFR 125.30-
125.32, any existing point source sub-
ject to this subpart must achieve the
following effluent limitations rep-
resenting the degree of effluent reduc-
tion attainable by the application of
the best available technology economi-
cally achievable (BAT).
(a) The volume of process wastewater
which may be discharged from an open -
cut mine plant site shall not exceed the
volume of infiltration, drainage and
mine drainage waters which is in ex-
cess of the make up water required for
operation of the beneficiation process.
The concentration of pollutants in
process wastewaters discharged from
an open -cut mine plant site shall not
exceed:
40 CFR Ch. 1 (7-1-98 Edition)
cut mine plant site shall not exceed the
volume of infiltration, drainage and
mine drainage waters which is in ex-
cess of the make up water required for
operation of the beneficiation process.
The concentration of pollutants in
process wastewaters discharged from
an open -cut mine plant site shall not
exceed:
Effluent limits.
Effluent chareclehstirs [ions —Instanta-
neous maxi-
mum
Setleabte solids ........................................... 0.2 mlA
(b) The volume of process wastewater
which may be discharged from a dredge
plant site shall not exceed the volume
of infiltration, drainage and mine
drainage waters which is in excess of
the make up water required for oper-
ation of the beneficiation process. The
concentration of pollutants in process
wastewater discharged from a dredge
plant site shall not exceed:
Effluent limita-
Eftluent characteristics tions—Infanta- Effluent limlta-
neous maxi. Effluent characteristics bons— nstania-
mum neous maxi-
mum
Settleable solids ........................................... 0.2 m01
Settleable solids ........................................... 0.2 mill
(b) The volume of process wastewater
which may be discharged from a dredge
plant site shall not exceed the volume
of infiltration, drainage and mine
drainage waters which is in excess of
the make up water required for oper-
ation of the beneficiation process. The
concentration of pollutants in process
wastewater discharged from a dredge
plant site shall not exceed:
Effluent limita-
Effluent characteristics tions—Instanta.
neous maxi-
mum
Settleable solids ........................................... 0.2 mill
§ 440.144 New source performance
standards (NSPS).
Any new source subject to this sub-
part must achieve the following NSPS
representing the degree of effluent re-
duction attainable by the application
of the best available demonstrated
technology:
(a) The volume of process wastewater
which may be discharged from an open-
(c) Notwithstanding any other provi-
sion of this chapter, the Regional Ad-
ministrator or Director of a State
agency with authority to administer
the NPDES program shall in designat-
ing new source gold placer mines. take
into account and base the decision on
whether one or more of the following
factors has occurred after May 24, 1888.
(1) The mine will operate outside of
the permit area which is covered by a
currently valid NPDES Permit.
(2) The mine significantly alters the
nature or quantity of pollutants dis-
charged.
(3) The mine discharges into a stream
into which it has not discharged under
its currently valid NPDES permit.
(4) The mine will operate in a permit
area that has not been mined during
the term of the currently valid NPDES
permit.
(5) Such other factors as the Regional
Administrator or state Director deems
relevant.
374

Environmental Protection Agency
§§440.145-440.147 [Reserved]
§ 440.148 Best Management Practices
(BMP).
The following best management prac-
tices are specific requirements which
shall be included in each NPDES per-
mit for all mining operations regulated
under this subpart to the greatest ex-
tent applicable in each such mining op-
eration.
(a) The flow of
surface waters into the plant site shall
be interrupted and these waters di-
verted around and away from incursion
into the plant site.
(b) Berms, includ-
ing any pond walls, dikes, low dams
and similar water retention structures
shall be constructed in a manlier such
that they are reasonably expected to
reject the passage of water.
(c) Meas-
ures shall be taken to assure that pol-
lutant materials removed from the
process water and wastewater streams
will be retained in storge areas and not
discharged or released to the waters of
the United States.
(d) The amount of
new water allowed to enter the plant
site for use in ore processing shall be
limited to the minimum amount re-
quired as make-up water for processing
operations.
(e)
All water con-
trol devices such as diversion struc-
tures and berms and all solids reten-
tion structures such as berms, (likes,
pond structures and dams shall be
maintained to continue their cffcct]ve-
ness and to protect from unexpected
and catastrophic failure.
Pt. 443
PART 443—EFFLUENT LIMITATIONS
GUIDELINES FOR EXISTING
SOURCES AND STANDARDS OF
PERFORMANCE AND
PRETREATMENT STANDARDS FOR
NEW SOURCES FOR THE PAVING
AND ROOFING MATERIALS (TARS
AND ASPHALT) POINT SOURCE
CATEGORY
Subpart A —Asphalt Emulsion Subcategory
Sec.
443.10 Applicability; description of the as-
phalt emulsion subcategory.
443.11 Specialized definitions.
443.12 Effluent limitations guidelines rep-
resenting the degree of effluent reduction
attainable by the application of the best:
practicable control technology currently
available.
443.13 Effluent limitations guidelines rep-
resenting the degree of effluent- reduction
attainable by the application of the hest_
available technology economically
achievable.
443.14 [Reserved]
443.15 Standards of performance for new
sources.
443.16 Pretreatment standards for new
sources.
Subpart 13--Asphalt Concrete Subcategory
443.20 Applicability; description of the as-
phalt concrete subcategory.
443.21 Specialized definitions.
443.22 Effluent limitations guidelines rep-
resenting the degree of effluent reduction
attainable by the application of the best
practicable control technology currently
available.
443.23 Effluent limitations guidelines rep-
resenting Lhe degree of effluent reduction
attainable by the application of the best
available technology economically
achievable.
443.24 [Reserved]
443.25 Standards of performance for new
sources.
443.26 Pretreatment standard for new
som"ces.
Subpart C—Asphalt Roofing Subcategory
443,30 Applicability; description of the as-
phalt roofing subcategory.
443,31 Specialized definitions.
375

UNITED STATES
DEPARTMENT OF LABOR
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Description for 1099: Miscellaneous Metal Ores, Not Elsewhere Classified
Division B: Mining I Major Group 10: Metal Mining
Industry Group I D9: Miscellaneous Metal Ores
1099 Miscellaneous Metal Ores, Not Elsewhere Classified
Establishments primarily engaged in mining, milling, or otherwise preparing miscellaneous metal ores, not elsewhere classified. Production or metallic mercury by
furnacing or retorting at the mine site is also included.
• Aluminum ore mining
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Bauxite mining
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Monazite ruining
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Rare -earths are mining
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• Tin are mining
Titaniferous-magnetite mining, value chief y for titanium content
• Titanium ore mining
• zirconium ore mining
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Division of Energy, Mineral and Land Resources 1
Land Quality Section — Stormwater Permitting Program
National Pollutant Discharge Elimination System
NCG020000
NOTICE OF INTENT — General Permit Application
FOR AGI;NCY 1JSF. ONIN
Date Received
Ycar Nlonth Day
Certificate o} Coverage
Check N Amount
Permit Assigned to
National Pollutant Discharge Elimination System application for coverage under General Permit
NCG020000:
STORMWATER AND/OR WASTEWATER DISCHARGES associated with activities classified as:
SIC (Standard industrial Classification) Code - 14XX Mineral Mining Industry (except as specified below) and
like activities
The following activities are included:
• Active or inactive mining operations (including borrow pits —except for NCDOT borrow pits) that discharge
stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate
products, finished products, byproducts or waste products located on the site of such operations;
• Stormwater from vehicle maintenance activities (VMA) at mining operations;
• Overflow from facilities that recycle process wastewater; and/or
• Mine dewatering (wastewater)
The following activities are specifically excluded from coverage under this General Permit:
• Stormwater discharges associated with peat mining, coal mining, and metal mining;
• Stormwater discharges from mining operations which are intermixed on site with stormwater from concrete
operations;
• Stormwater discharges associated with oil and gas extraction operations; and
• Stormwater discharges associated with tourist gem mines
• NCDOT borrow pits (covered under individual permit NCS000150)
The following discharges are covered by NPDES general permit NCG520000 instead of NCG020000:
Point source discharges of stormwater and wastewater from in -stream sand mining operations (sand dredging
or dipping operations) are covered instead by NPDES General Permit NCG520000, administered by the Division
of Water Resources NPDES Wastewater Permitting Program. Please contact DWR for more information.
Please print or type all entries in this application form.
1) Mailing address of owner/operator (official address to which all permit correspondence will be mailed):
Legal Owner Name lluka Resources (NCB LLC c/o lluka Resources, Inc.
(Attach the most recent Annual Report to the NC Secretary of State showing the current legal name of the corporation or entity.
Alternatively this permit can be given to an individual or government authority. This name must be the same name as appears on the
Division of Energy, Mineral, and Land Resources' Mining Permit.)
Signee's Name (as signed for in question 41. at end) Clifford W. Gillham
Street Address 12472 St. John Church Road
City Stony Creek
Telephone No. (434) 348 -4301
State VA ZIP Code 23882
E-mail Cliff, Gillhamailuka.com
Alternate Contact Name* Don Ackerman E-mail (if different) Don.Ackerman(cDiluka.com
Alternate Contact Telephone (if different) (434) 348 - 4300
*Alternate contact should be affiliated with the Owner/Operator. Consultant information can be provided
in question 5.
Page 1 of 12
SWU-NCG02-NOI Last revised 9/10/2015

[j:rejejowiliI il>'tell A
2) Location of facility producing discharge:
Facility Name Aurelian Springs Mine
Facility Street Address Aurelian Springs Road
Facility City c-iT'Cc.✓LZoN State NC ZIP Code-27e79 2-7 $90
Facility County Halifax
Facility Contact Contact: Clifford W. Gillham
Telephone No. (434) 348 - 4301 Fax: [phone]
Contact E-mail Cliff. Gillham(o�iluka.corn
3) Physical Location Information:
Please provide a narrative description of how to get to the facility (use street names, state road numbers, and
distance and direction from a roadway intersection). From 1-95, take NC HWY 903 west for 3 miles, turn left
onto Piney Grove Chuch Road (SR 1210). Continue 2 miles and turn right onto Aurelian Springs Road (SR
1600). The concentrator site is approximately 1.5 miles on the right.
4) Facility Location Coordinates:
Latitude 36 22' 03.12" N Longitude 77 45' 48.75" W (degrees / minutes / seconds or decimal degrees)
5) Consultant Information (if applicable):
Consultant: Steve Adams
Consulting Firm: Kleinfelder
Mailing Address: 3500 Gateway Centre Blvd, Suite 200
City: Morrisville
State: NC Zip Code: 27560
Phone: ( 919 ) 755 — 5011 Fax: ( 919 ) 755 — 1414
E-mail: sadams(a)kleinfelder.com
Permits:
6) This NPDES Permit Application applies to which of the following:
(Optional)
Staple Business Card Here
❑ New or Proposed Facility Date operation is to begin: First guarter 2018 at the earliest
❑ Existing Date began mining: First quarter 2018 at the earliest
7) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility SIC Code: 10,9 q
8) Provide a description of the types of minerals mined at this facility: Minerals mined at this facility include
titanium -bearing ilmenite and zircon. See sections 1.0 and 2.0 of the operations plan for more information.
9) Is this a PROCESSING -ONLY facility for materials mined elsewhere? 0 No ❑ Yes
10) Is this an inactive mine site?
❑ No
❑ Yes If yes, have you certified to the Stormwater Permitting Program that all portions of the site where
clearing, grading, and/or excavation activities have occurred have been stabilized?
❑ No ❑ Yes (If yes, the site may be eligible for "Dormant Status" and reduced BMP
inspections. See the General Permit.)
Page 2 of 12
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NCG020000 N.O.I.
11) Does this facility already have a valid Mining Permit from DEMLR's Land Quality Section?
r,
C� No If no, please indicate the status of the Mining Permit application: Pending receipt of additional
information
❑ Yes If yes, please provide the Mining Permit number: Also provide a copy of
the DEMLR Mining Permit with this NPDES application.
12) Does this facility have any other NPDES permits?
r^
❑. No
❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility:
13) Are you applying for a discharge permit in the same location as a previously permitted mine?
❑, No
❑ Yes If yes, specify permit number and mine name if known:
14) Does this facility have any Non -Discharge permits from DWR (e.g., recycle permits)?
❑ No
❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility:
15) Does total area of this mine site include ready -mixed concrete plant and/or asphalt plant areas?
❑ No
❑ Yes If yes, do they have separate NPDES stormwater permits? ❑ No ❑ Yes (provide permit
number(s) )
If not owned by the same company, who is the owner?
Development Activities and Buffers:
16) Will this mining operation precede development activities at this site?
r-
❑ No
❑ Yes
17) Is this mine located within one of the 20 Coastal Counties, and will it add more than 10,000 ft2 of
impervious surface?
❑ Yes (to both)
❑ No, this mine site IS in one of the 20 Coastal Counties but will NOT add 10,000 ft' of impervious surface.
No, this mine site is NOT in any of the 20 Coastal Counties.
If this site is in one of the 20 Coastal Counties, you may be required to apply for an additional State
Stormwater Permit. Check with your local Regional Office (see contact information and checklist below).
18) Is this mine located the Neuse, Tar -Pamlico, or Catawba River Basins, or the Randleman or Jordan
Water supply Watersheds?
❑ No
❑ Yes If yes, what size stream buffers are included on site? 50 ft. You must show buffers on site
plans. Also include information and plans showing diffuse flow through buffers as required.
Page 3 of 12
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NCG020000 N.O.I.
Discharge Points, Receiving Waters & Wetlands:
19) Receiving waters:
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
and/or wastewater discharges will end up in? Marsh Swam Index No. 28-79-30-1 & Mill Swam Index No.
28-79-30-1-0.5)
To find the waterbody, please see the "MAPS" tab on http://portal.ncdenr.org/web/wq for a map of NC
Surface Waterbody Classifications.
Receiving water class ifcation(s) for the waters: Marsh Swamp (C;Sw,NSW) & Mill Swamp (C;Sw,NSW)
if the site will discharge to a separate storm sewer system, name the operator of the separate storm sewer
system (e.g. City of Raleigh municipal storm sewer). N/A
Discharge of wastewater to receiving waters classified as WS-11 through WS-V, or SA, must be
approved by the Division of Water Resources (DWR) or Division of Marine Fisheries
(DMF). DEMLR cannot grant coverage under NCG020000 without that approval. Also be advised that
no new discharges Of wastewater are permitted in receiving waters classified as WS-1 or
freshwater ORW. Wastewater discharges to saltwater ORW will not be approved under General Permit
NCG02 but may be eligible for an individual permit.
20) Will this mine site discharge wastewater or stormwater to waters classified as High Quality Waters
(HOW), Primary Nursery Areas (PNA), Trout (Tr) waters, or a class with a symbol like "+" or "@" that
denotes a special management strategy is in place?
❑ No
❑ Yes, PNA*
❑ Yes, HQW* ❑ Yes, includes "+" or
❑ Yes, Trout jr)
21) Will this mine site discharge wastewater or stormwater to waters classified as Shellfish (SA) waters?
r-,
❑ No
❑ Yes, SA*
*For questions 19-20, be advised that the NCG02 General Permit limits the discharge volume of total combined
wastewaters to 50 percent of the receiving water in -stream flow under 7Q10 conditions in HQW waters (PNA and
SA waters are considered HQW by definition). You maybe required to contact USGS to obtain a 7Q10 flow.
22) Will this mine site discharge wastewater or stormwater to impaired waters, or to waters with an
approved "Total Maximum Daily Load" (TMDL)?
To find impaired waters, please see the "Impaired Waters" map on the "MAPS" tab on
http://portal.ncdenr.org/web/wq.
To find approved TMDLs in North Carolina, please see DWR's Water Planning Section website:
http://portal.ncdenr.org/web/wq/ps/mtu/tmdl/tmdls.
r_ ,
❑ No
❑ Yes, these waters are impaired for (list pollutants):
❑ Yes, these waters have a TMDL for (list pollutants):
Page 4 of 12
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NCG020000 N.O.I.
23) List discharge points (outfalls) that convey discharge from the mine site (both on -site and off -site) and
location coordinates. Attach additional sheets if necessary, or note that this information is specified
on the site plan. Include proposed maximum daily flow rate for each wastewater outfall.
You must show all discharge points clearly on the submitted site plan. Be advised
that NCDEQ may require you to apply for an individual permit, based on proposed
discharge rates and receiving stream conditions (low flows, impairments, etc.)
Stormwater
Stormwater Outfall No. ROS 001
Latitude (degreeslminuteslseconds or decimal degrees): 36.378608 N '3 C.z2 `1 Z , q9 H Z
Longitude (degrees/minutes/seconds or decimal degrees): 77.762619 W i hb k S '' 5•'t7-s-q
Stormwater Outfall No. ROS 002 2'3 (I
Latitude (degreeslminuteslseconds or decimal degrees): 36,378399 N 7 zZ �t2•
Longitude (degreeslminuteslseconds or decimal degrees): 77.755936 W
Stormwater Outfall No. ROS 003 g 6 O Z2 • S3. •2 o� '
Latitude (degrees/minutes/seconds or decimal degrees): 36.381446 N ,
Longitude (degreeslminuteslseconds or decimal degrees): 77.739371 W tP4 ' 2-1-
Stormwater Outfall No. ROS 004 .
Latitude (degreeslminuteslseconds or decimal degrees): 36,369898 N 3 C
Longitude (degrees/minutes/seconds or decimal degrees): 77.753066 W
5
Stormwater Outfall No. ROS 005S,
f �
2-f'�
Latitude (degrees/minutes/seconds or decimal degrees): 36.373474 N
Longitude (degree slminuteslseconds or decimal degrees): 77.742439 W
r
?7
sty
32 ?spy 4'
Stormwater Outfall No. ROS 006
`
Latitude (degreeslminuteslseconds or decimal degrees): 36.368252 N
3 C p
Z 2
SOS, ? cc
Longitude (degreeslminuteslseconds or decimal degrees): 77.744891 W
%i o
'1'e
' 41, C. 0? y
Mine Dewatering
Mare Dewatering (Wastewater) Outfall No. NIA
Proposed maximum flow rate:
Latitude (degrees/minutes/seconds or decimal degrees): N
Longitude (degreeslminuteslseconds or decimal degrees): W
Process Wastewater
Process Wastewater Outfall No, PW 001 Wastewater Description: Process water pond discharge during
extreme weather
Proposed maximum flow rate: 3.1 MG with average of 1.8 MG to 2.1 MG based on Virginia operations)
Latitude (degrees/minutes/seconds or decimal degrees): 36.368685 N 3C • z Z �di. ZdS�
Longitude (degreeslminuteslseconds or decimal degrees): 77.764665 W i ) •
24) Help us understand what will happen to the dewatering water at this mine site:
❑ NIA - this mine is not dewatering at all and will not dewater in the future.
a) Will this mine be dewatering and discharging to waters of the state? (Answer only if dewatering)
Page 5 of 12
SWU-NCG02-NOI Last revised 9/10/2015

t• CeC101111111I1L`hm
❑ No
7 Yes If yes, where to? 0 Surface Waters and/or Wetlands (on -site or off -site)
❑ Other (on -site or off -site) Describe:
b) Will this mine be dewatering but not discharging to waters of the state? (Answer only if dewatering)
❑ No
❑ Yes If yes, explain how you are dewatering, and where that water will be directed:
25) Are there wetlands or surface waters within 400' of the mine pit perimeter?
❑ No
r-,
El Yes If yes, what distance are they from the mine pit perimeter? Varies feet.
26) Will mining operations require dewatering near wetlands or other waterbodies, and will dewatering
potentially impact any wetlands or other waterbodies?
❑ No, dewatering will not occur near (within 400') of wetlands or other waterbodies (e.g., streams, lake, etc.)
Q Yes, dewatering will be near wetlands or other waterbodies
Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that
have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and
implement a Pumping Operation and Monitoring (POM) Plan that has been approved by the
Department.
For sites that may drain wetlands — approval of a POM Plan may be required prior to coverage under
this permit. The POM Plan should be submitted to the appropriate Regional Office and in all cases must be
approved prior to operation.
The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the effect of
pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain
surrounding hydrology and respective monitoring to demonstrate compliance. See checklist at the end of the
application, Contact the Regional Office for questions specific to your mine.
27) Have you been required to obtain 404/401 Certification permits?
r-
❑ No
❑ Yes if yes, please briefly describe below (include information such a required mitigation, BMPs,
setbacks, and/or O&M plans for on or off -site wetlands or other pertinent information). Attach other sheets as
necessary:
28) Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers?
r-,
❑ No 0 Yes If yes, please attach to application submission.
Stormwater BIVIPs and Vehicle Maintenance:
29) Does this facility employ best management practices for stormwater control?
Page 6 of 12
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NCG020000 N.O.I.
❑ No ❑ Yes If yes, please briefly describe: The proposed wet detention pond at the
concentrator site is designed to treat stormwater runoff from the concentrator facility and associated buildings
and parking. The mine area will be controlled by E&SC measures including traps and basins.
30) Does this facility have a Stormwater Pollution Prevention Plan?
r-r
Cl No ❑ Yes If yes, when was it implemented? A SWPPP will be developed prior to mining
activities.
31) Are vehicle maintenance activities (VMA) occurring or planned at this mine site?
❑ No ❑Yes, If yes, will VMA area runoff discharge into the wastewater treatment system(s)?
❑ No, VMA runoff will discharge separately through a stormwater outfall
0 Yes, VMA runoff will drain back to the mine pit or other wastewater system
Wastewater Treatment Facilities:
32) Will mine dewatering occur? (Yes, we are asking about dewatering again.)
❑ No
f Yes If yes, will the mine discharge this water? Mine dewatering may be necessary to recharge wetlands
based on wetland monitoring results
33) Will this facility wash mined materials?
❑ No
C7 Yes If yes, will the mine discharge this water? No
34) Will discharges of process wastewater treatment systems occur (including possible recycle system
overflows)?
❑ No
f Yes If yes, describe what kind of systems: Discharges are not anticipated except as needed such as
during large storm events at which time discharge would occur from the process wastewater outfall No.
PW001 )
35) Will this facility employ chemical additives to flocculate suspended solids?
❑ No
❑ Yes If yes, provide the name, manufacturer, and the quantity of average daily usage of the chemical
additive (if known): Axchem_AF 1934; average daily usage = 1,300 Ibs per day
Note: Please see our website for a list of evaluated polyacrylamide (PAMS) products for use in North
Carolina: http://portal.ncdenr.org/web/ir/construction-stormwater
36) Will any of the wastewater treatment facilities at this mine overflow only during rainfall events that
exceed the 10-yr, 24-hr rainfall event?
❑ Yes If yes, which treatment systems are those? Discharges are not anticipated except as needed such as
durina larae storm events at which time discharge would occur from the Drocess wastewater outfall (No.
PW001 )
❑ No, all wastewater treatment facilities will discharge more frequently (i.e., during smaller rain events)
37) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain?
❑ No
Page 7 of 12
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U L614i P1111I1I11 L`IO]"
❑ Yes
38) A wastewater treatment alternatives review is required by 15A NCAC 2H.0105 (c)(2)
1 for any new or expanding water pollution control facility discharges in North Carolina. You may
attach additional sheets. List the types of wastewater this mine site will discharge:
Q Mine Dewatering
C Process Wastewater (such as washing or recycle system overflows, other mining activity wastewater)
n n
a) What wastewaters were considered for this alternatives review? 0: Dewatering 0 Process WW
b) Connection to a Municipal or Regional Sewer Collection System:
n
i) Are there existing sewer lines within a one -mile radius? ..................................... ❑ Yes E No
(1) If Yes, will the wastewater treatment plant (WWTP) accept the wastewater? .... ❑ Yes ❑ No
(a) If No, please attach a letter documenting that the WWTP will not accept the wastewater.
(b) If Yes, is it feasible to connect to the WWTP? Why or why not?*
c) Closed -loop Recycle System (meets design requirements of 15A NCAC 2T .1000):
n
i) Are you already proposing a closed -loop recycle system (CLRS)? ......................... ❑ Yes ❑ No
n n
(1) If Yes, for what type of wastewater at this mine site? 0 Dewatering 0 Process WW
(2) If No, is this option technologically feasible (possible)? Why or why not?*
(3) If No, is it otherwise feasible to build a CLRS at this site? Why or why not?*
(4) What is the feasibility of building a CLRS compared to direct surface water discharge?* Both
CLRS and surface discharge are feasible. CLRS is the normal arrangement used by Iluka's other
operations where virtually all mine water is recirculated. Discharge of this _water _to a stormwater
outfall via their equalization basin and BMP is a viable alternative and could be required if they run
out of storage after a large event
d) Surface or Subsurface Disposal System (e.g., spray irrigation):
n
i) Is a surface or subsurface disposal technologically feasible (possible)? ..................... ❑ Yes ❑ No
Why or Why not? * The large quantities of water involved and the mobility of the operation would
make this very expensive.
n
ii) Is a surface or subsurface disposal system otherwise feasible to implement?*............ ❑ Yes 0 No
Why or Why not?* A surface or subsurface disposal system_ would be very expensive to implement
because of the sometimes large quantities of water involved and the mobility of the operations.
iii) What is the feasibility of employing a subsurface or surface discharge as compared to a direct
discharge to surface waters?* A subsurface discharge would be difficult to implement because of the
large water volumes. A surface water discharge could be used to maintain fringing wetland areas.
e) Direct Discharge to Surface Waters: Is discharge to surface waters the most environmentally sound
alternative of all reasonably cost-effective options for the wastewaters being considered?*
Page 8 of 12
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NCG020000 N.O.I.
n
❑' Yes ❑ No
f) If this review included all wastewater discharge types, would excluding some types (e.g. mine
dewateringn ) make any of the above non -discharge options feasible for some of the wastewaters?
❑ Yes C] No
* Feasibility should take into account initial and recurring costs. You may be asked to provide
further information to support your answers to these questions after the initial review.
OthPr-
39) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
El No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
❑ No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
0 No ❑ Yes
d) If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste:
How is material stored:
Where is material stored:
How many disposal shipments per year:
Name of transport 1 disposal vendor:
Vendor address:
40) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? (See
permit text for secondary containment requirements.)
❑ No
ff Yes
41) Does your site have an active landfill within the mining permit boundary?
❑ No
❑ Yes If yes, specify type: ❑ LCID (Land Clearing and Inert Debris) ❑ Other:
Page 9 of 12
5WU-NCG02-NOI Last revised 9/10/2015

1►KCIINIIIIIIII►F-0aI
Final Checklist:
KAIThis application will be returned as incomplete unless all of the following items have been included and
initialed for. Please show that the following required information has been included by initialing in each
space below.
PLEASE REFER TO THE ATTACHED CHECKLIST GUIDES
-OR-
Fee of $100 made payable to NCDEQ.
Completed application and all supporting documents.
Copy of the valid approved mining permit (MP) for the facility or indication of MP application status.
Copy of a county map or other general location map that shows the mining site and nearest major roads.
Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly
shows site location in relation to nearby streams, wetlands, and other waters, etc.
2 copies of large-scale (minimum 24" x 36") site plan with topographical lines with
all outfalls, applicable buffers and wetlands clearly delineated, receiving waters, and
100-year flood plain line if applicable.
A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 27 above.
A line drawing of the water flow through the facility or block flow diagram. A pictorial description of the
nature of any sources of water and any collection and treatment measures.
If mine site is in one of the 20 Coastal Counties:
• Applicant has checked with the appropriate regional office to verify the need for a Coastal State
Stormwater permit. Indicate the Regional Office Contact:
• Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage
areas, and total drainage area.
If the mine is dewatering and near wetlands, or may otherwise impact surface waters or groundwater,
include the following and contact your local regional office about a Pumping Operation and
Monitoring (POM) Plan. An approved POM Plan may be re uired priorto NCG02 issuance.
2 copies of detailed Full Size Plans (at least 24" x 36") delineating areas on the
plans and listing acreage (including: wetlands, ditches, well -placements, pits,
borrow areas, overburden storage, stormwater controls/BMPs, vehicle
maintenance areas, settling basins, product process (such as screening,
stockpiles, waste piles), total drainage area, impervious surface percentages (if
state SW programs apply), applicable buffers, and access and/or haul roads).
Pump dewatering size and information on its specifications.
Well information (design, depths, maintenance).
Physical monitoring for the wetlands areas.
Settling pond sizing information, if applicable.
Level spreader design, if applicable.
Details about dewatering method.
Cone of influence calculations.
Description of measures to prevent erosion and flooding.
Description and information about 401/404 permits that have been obtained.
Copy of US Army Corps of Engineers wetland delineations or approved wetland delineation (if
applicable).
have contacted my local regional office about a POM Plan.
Regional Office Contact: Danny Smith . Date contacted: 11/20/15
I will not impact any nearby wetlands, surface waters, or groundwaters by dewatering.
Page 10 of 12
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NCG020000 N.O.I.
Certification: North Carolina General Statute 143-215.6 b (1) provides that:
Any person who knowingly makes any false statement, representation, or certification In any application, retard, report, plan, or other
document filed or required to be maintained under this Article or a rule Implementing this Article; or who knowingly makes a false
statement of a material fact In a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders Inaccurate any retarding or monitoring device or method required to be operated or maintained under this Article or rules of the
[Environmental Managementl Commission Implementing this Article shall be guilty of a Class 2 mEsdemeanor which may include a fine not to
exceed ten thousand dollars ($10,000).
41) Signatory Requirements (per 40 CFR 122.22)
Ail applications, reports, or information submitted to the Director shall be signed and certified.
a. All notices of intent to be covered under this General Permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this permit, a responsible corporate officer means: (a) a president,
secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar
policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating racIllues
employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if
authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official.
I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will
constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual
permit.
I agree to abide by the following as a part of coverage under this General Permit:
1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining
permit must be attached to this request.)
2. I agree to not discharge any sanitary wastewater from this mining activity except under the
provisions of another NPDES permit specifically issued therefore.
3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection
so as to contain all spills on the site.
4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing
solid waste disposal.
5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not
result in contamination of the surface or ground waters.
I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as
enforceable requirements of the General Permit.
I certify that I am familiar with the information contained in this application and that to the best of my knowledge
and belief such information is true, complete, and accurate.
Printed Name of Person Signing: Clifford W. Gillham
'title: Vice President Ghd Co 'on r it r
(Signature of Applicant) (date igned)
Notice of Intent must be accompanied by a check or money order for$100.00 made payable to NCDEQ.
Page 11 of 12
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NCG020000 N.O.I.
Mail the entire package to:
Stormwater Permitting Program
Division of Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Note
The submission of this document does not guarantee coverage under the NPDES
NCG02 General Permit. Upon review of the submittal, the Division may
determine that coverage under an individual permit is more appropriate. Also be
advised that renewed and continued coverage under NCG02 may be dependent
upon the permittee's compliance success and/or status of the receiving waters.
For questions, please contact the DEMLR/Land Quality Section Regional Office for your area.
DEMLR/Land Quality Section Regional Office Contact Information:
Asheville Office ......
[phone]
Fayetteville Office ...
[phone]
Mooresville Office ...
[phone]
Raleigh Office ........
[phone]
Washington Office ...(252)
946-6481
Wilmington Office ...
[phone]
Winston-Salem ......
[phone]
Central Office .........(919)
707-9220
Page 12 of 12
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NCG020000 NOI Final Checklist
Fee
The $100 fee is included in the submittal package.
Completed Application and Supporting Documents
The NOI is included in the submittal package along with Iluka's proposed operations plan and the POM
plan.
Mining Permit Application Status
The mining permit is currently pending with NCDEQ DEMLR for the following additional information:
• Approved Wetlands Delineation Mapping
• Dam Safety Approvals
• Evidence of Submittal for the NCG020000 Permit
Copies of County Highway Map, General Location Map, USGS Map
General location, USGS and county highway maps can be found in the operation plan as Figures 1, 2 and
3.
Copies of Site Plans
Refer to Appendices G and I of the operations plan.
Copy of DEMLR Mining Permit
A copy of the mining permit will be provided upon approval/receipt.
Copy of US Army Corps of Engineers Jurisdictional Determination
The USACE Notification of Jurisdictional Determination and associated mapping are included as
Appendix G of the POM plan.
Line Drawing of the Water Flow through the Facility
Refer to Figure 1 of the POM plan.
Coastal State Stormwater Permit
The mine is not within one of the 20 Coastal Counties and therefore does not need a Coastal State
Stormwater Permit.
Kleinfelder, Inc. Page 1 of 2 February 23, 2016

NCG020000 NOI POM Plan Checklist
Full Size Plans
Refer to Appendices G and I of the operations plan.
Pump Dewatering Size and Specifications
Refer to Section 4.0 and Appendix B of the POM plan.
Dewatering Well Information
Advanced dewatering wells are not anticipated.
Physical Monitoring of Wetland Areas
Refer to Section 6.0 and Appendix F of the POM plan.
Settling Pond Sizing Information
Refer to Section 7.0 of the POM plan.
Level Spreader Design
Discharges from mine perimeter erosion and sediment control devices are anticipated to be non -erosive
and through vegetated buffer areas. Thus, level spreaders are not anticipated. Refer to Section 9.0 of
the operations plan.
Details about Dewatering Method
Refer to Section 4.0 of the POM plan.
Cone of Influence Calculations
Refer to the POM plan and Appendix E of the POM plan.
Description of Measures to Prevent Erosion and Flooding
Refer to Section 8.0 and Appendix G of the operations plan.
Description and Information about 401/404 Permit
No wetland, stream, or stream buffer impacts are proposed for the first three to four years of mining.
The current mining permit application only includes a bonded area for this time frame.
Copy of US Army Corps of Engineers Jurisdictional Determination
The USACE Notification of Jurisdictional Determination and associated mapping are included as
Appendix G of the POM plan.
Kleinfelder, Inc. Page 2 of 2 February 23, 2016

I
NCG020895
N
W E
.5.
Map Scale 1:24,000
Iluka Resources (NC) LLC
Aurelian Springs Mine
Latitude: 360 22' 03" N
Longitude: 770 45' 49" W
County: Halifax
Receiving Stream: Marsh Swamp & Mill Swamp
Stream Class: C; Sw, NSW
Sub -basin: 28-79-30-1 & 28-79-30-1-0.5
River Basin: Tar -Pamlico
Facility Location

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PROJECT NO KLF129411 2011 Aerial Map PAt I
DRAWN 5 Apr 13 Aurelian Springs Overall Area
DAER DRAWN BY Chopper Contour Interval = 2 ft.
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CHECKED BY: xxxxx Iluka Resources (NC) LLC
Office Address Aurelian Srings Mineral Sand Mine
Office Address FILE NAME: p413 Becker Drive
City, State, ZipCode
wvvw kleinfelder.com rWi— Ph— M—h.r JD Mapping.mxd Roanoke Rapids, NC 27870