NC0090212_Other_20231113 (6)

STATE OF NEVADA
Department of Conservation and Natural Resources
Division of Environmental Protection
Bureau of Mining Regulation and Reclamation
Water Pollution Control Permit
Permittee: Lithium Nevada Corp.
Thacker Pass Project
5310 Kietzke Lane, Suite 200
Reno, NV 89511
Permit Number: NEV2020104
Review Type/Year/Revision: New Permit 202247, Revision 00
Pursuant to Nevada Revised Statutes (NRS) 445A.300 through 445A.730, inclusive, and
regulations promulgated thereunder by the State Environmental Commission and
implemented by the Division of Environmental Protection (the Division), this Permit
authorizes the Permittee to construct, operate, and close the Thacker Pass Project, in
accordance with the limitations, requirements, and other conditions set forth in this Permit.
The Permittee is authorized to process up to 7,640,000 tons of ore per year.
The facility is located in Humboldt County, within Sections 1 and 12, Township 44 North
(T44N), Range 34 East (R34E); Sections 2-17, T44N, R35E; and sections 7, 8, 14-23, and 29,
T44N, R36E, Mount Diablo Baseline and Meridian, approximately 20 miles northwest of
the town of Orovada, Nevada.
The Permittee must comply with all terms and conditions of this Permit and all applicable
statutes and regulations.
This Permit is based on the assumption that the information submitted in the application of
2 April 2020, as modified by subsequent approved amendments, is accurate and that the
facility has been constructed and is being operated as specified in the application. The
Permittee must inform the Division of any deviation from, or changes in, the information
in the application, which may affect the ability of the Permittee to comply with applicable
regulations or Permit conditions.
This Permit is effective as of 12 March 2022, and shall remain in effect
until Day 1 Alonth Yearl1 March 2027, unless modified, suspended, or revoked.
Signed this day of "both 202I.February 2022.
Aimee Keys
Chief, Bureau of Mining Regulation and Reclamation

Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 2 of 20
I. Specific Facility Conditions and Limitations
A. In accordance with operating plans and facility design plans reviewed and approved
by the Division the Permittee shall:
1. Construct, operate, and close the facility in accordance with those plans;
2. Contain within the fluid management system all process fluids including all
meteoric waters which enter the system as a result of the 25-year, 24-hour storm
event; and
3. Not release or discharge any process or non -process contaminants from the fluid
management system.
B. Schedule of Compliance:
By DD Month 10 Jules (within 120 days of the effective date of the
Permit), the Permittee shall submit for review and approval updated operating
plans, pursuant to Nevada Administrative Code (NAC) 445A.398 and
445A.427, which are revised, as warranted, to reflect the requirements in this
Permit and any associated as -built reports.
2 By T,T„Month YYYY I I Maw (within XX-60 days of the effective date of
the Permit), the Permittee shall submit the final location, design, and installation
schedule for a groundwater monitoring well downgradient of the West Waste
Rock Storage Facility (WWRSF). After Division approval, the well shall be
installed, and at least three quarters of monitoring data collected, prior to
commissioning the WWRSF component. Within 30 days after the well is
completed, an as -built report shall be submitted pursuant to NAC 445A.427.
3. Thirty days prior to initiation of operations, the Permittee shall submit to the
Division a written notice of intention to begin operation pursuant to Nevada
Administrative Code (NAC) 445A.426
4. Thirty days prior to initiation of operations, the Permittee shall schedule a
reasonable time for the Division to conduct a facility inspection to ascertain
compliance of the constructed facility with the approved design and Permit.
5. Prior to the initiation of mining, the Permittee shall submit locations and designs
for at least two piezometers to the Division for approval to verify water levels
below the west pit. Prior to abandoning these initial piezometers to proceed
mining east, the Permittee shall submit locations and designs for the installation
of two additional piezometers for Division approval.
6. The subsurface conditions beneath the proposed sulfuric acid plant (SAP) shall
be confirmed prior to construction. If the geotechnical program results in a
modification to the design or location of the SAP, a permit modification and
corresponding fee may be required for submittal and approval by the Division.
7. Prior to mining below the water table, the Permittee shall submit for Division
review and approval, a major modification with the associated fee which
proposes a mine plan anda supporting groundwater model which o..altt es the
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 3 of 20
„acts and demonstrates waters of the State will not be degraded. ^wit
by the Division.
10 July 2022 (within 120 days of the effective date of the Permit), the
Permittee shall submit for review and approval an additional sensitivity analysis
analyzing the effect of moisture content on seepage rates from the Clay Tailings
Storage Facility to specify an allowable operating range for tailings placement.
7-.9.By 11 May 2022 (within 60 days of the effective date of the Permit), the
Permittee shall submit for review and approval an engineering design change
for the installation of a surface flow measuring device or an updated monitoring
plan which includes the methods to be used to monitor flow at the surface
waters identified in Part I.D.9.
The schedule of compliance items above are not considered completed until
approved in writing by the Division.
C. The fluid management system covered by this Permit consists of the following
process components:
1. The clay tailings filter stack facility (CTFS) with solution collection pipes lined
with 80-mil high density polyethylene (HDPE) geomembrane;
2. Leak detection system for the CTFS (CTFS perimeter piezometers—) and south
solution collection area, and eelieetion dite channel;
Double -lined_ re Reclaim pond —Pond with a leakage collection and
recovery system;
4. Two waste rock storage facilities, coarse gangue stockpile, and run -of -mine
stockpile each with a e ri,paetea ,lay subbaselow hydraulic conductivity soil
layer, and stormwater sediment and runoff ponds (EWRSF, WWRSF, CGS,
and ROM Ponds) lined with 80-mil HDPE geomembrane;
5. Transfer pipes, valves, and pumps used in conveyance, control, or detection of
process fluids between process components; and
6. Sulfuric acid plant and process plant, including, but not limited to, all tanks,
basins, sumps, pumps, and piping necessary to interconnect the process
components within the buildings.
D. Monitoring Requirements:
Identification
Parameter
Frequency
1. Water Supply
QRPW-01, QRPW-02, PH-1
Profile I(1) and
Annually, if used
Radionuclides(2)
during the year
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 4 of 20
Identification
Parameter
Frequency
2. West Pit;
Pit floor elevation,
Monthly, if
Presence of Water(12)
present;
and Profile I0) and
Radionuclides (2)•
PZ-1, PZ-2
Water elevation (ft
Monthly
amsl
3. Clay Tailings Filter Stack Leak
Detection
LDP;
Average daily flow
Weekly(3 (once
(gpd);
commissioned)
LD-00, LD-01, LD-02, LD-03,
Presence of solution,
LD-04, LD-05-06
if flow is present at
LDP
4. Reclaim Pond Leak Detection
(sump capacity
CTFS Reclaim Pond (RP-LD)
Average daily
Weekly(3) (once
1,583 al
accumulation d
commissioned
5. Piezometer Measurements
CTFS:
Hydraulic head (feet)
Weekly
Structural Zone: (PZ02, PZ03,
PZ05, PZ06, PZ 11, PZ 12)
Non -Structural Zone: (PZO1,
PZ04, PZ07, PZ08, PZ09, PZ 10)
CTFS Perimeter (CTFS-01,
CTFS-02, CTFS-03, CTFS-04,
CTFS-05, CTFS-06, CTFS-07,
CTFS-08)
6. Pond Solution
Reclaim Pond (RP)
Profile I(1) and
Quarterly if
WWRSF Pond (WP)
Radionuclides(2),
rp esent (once
EWRSF Pond (EP)
and flow (gpm)
commissioned)
CGS Pond (CP)
ROM Pond (ROMP)
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 5 of 20
Identification
Parameter
Frequency
7. Mined Materials
Waste Rock (WR);
MWMP(4)-Profile I(1)
Quarterly;
and Radionuclides(2)
and ANP/AGP(5)(6)
Tons placed in the
CTFS
Coarse Gangue (CG)
MWMP(4)-Profile 1(1)
Quarterly;
Ore Stockpile (OS);
and Radionuclides(2)
and ANP/AGP(5)(1).
Clay Tailings (CT)
MWMP(4) - Profile
Monthly
Sulfate Salts (SS)
1(I) and
Radionuclides(2),
and ANP/AGP(1)(6).
Physical stability,
Geotechnical
Moisture Content,
and —percent
compaction (ASTM
D 1557), and final
placement location
8. Site Monitoring Wells
Upgradient: MW 18-04
Profile 1(1) and
Quarterly (once
WWRSF: MW 18-03, MW-02
Radionuclides(2);
Commissioned);
West Pit: MW 18-01, WSH-11
Quinn Valley: WSH-13, WSH-14
EWRSF: MW-08
CGS: WSH-03
-Wwater and collar
elevation (feet
AMSL)
Each renewal
CTFS: MW 21-01, MW21-02,
MW 18-02, MW 21-03
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 6 of 20
Identification
Parameter
Frequency
9. Surface Water Monitoring
Upper Thacker Creek
Surface Water
Quarterly, when
Lower Thacker Creek
Profile(9) and
flowing
SP-02 (tributary to Crowley
Radionuclides(2),
Creek)
now (gpm)
Crowley Creek upgradient of
confluence: (CC-U)
Crowley Creek downgradient of
confluence: (CC-D)
10. Weather Station Facility
Ambient Conditions
Ambient
Daily
temperature,
(min/max), relative
humidity (%), wind
speed (mph), wind
direction (azimuth
degree), total
precipitation
(inches), solar
irradiance (W/m2),
and SWE (inches)
The Permittee may request a reduction of the monitoring frequency after four
quarters of complete monitoring based on justification other than cost. Such
reductions may be considered modifications to the Permit and require payment of
modification fees.
Abbreviations and Definitions:
AMSL = above mean sea level; ANP/AGP = Acid Neutralizing Potential:Acid
Generation Potential ratio; ASTM = American Society for Testing and Materials;
CaCO3 = calcium carbonate; DO = dissolved oxygen; e = the base of the natural
logarithm with approximate value of 2.718; Eh = chemical reduction potential; EPA
= U.S. Environmental Protection Agency; gal = gallons; gpd = gallons per day;
gpm = gallons per minute; In = natural logarithm with base e; mg/L = milligrams
per liter; mV = millivolts; MWMP = Meteoric Water Mobility Procedure; N =
nitrogen; NAC = Nevada Administrative Code; NDEP = Nevada Division of
Environmental Protection; NTU = nephelometric turbidity unit; P = phosphorous;
pCi/L = picocuries per liter; PCS = Petroleum -Contaminated Soil; pH = the
negative of the base 10 logarithm of the activity of the hydrogen ion; SU = standard
units for pH measurement; SWE = snow water equivalent; TPH = total petroleum
hydrocarbons; * = multiplication symbol; > = greater than; > = greater than or equal
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 7 of 20
to; < = less than; °F = degrees Fahrenheit; µg/L = micrograms per liter; µS/cm =
microSiemens per centimeter
Footnotes
(1) Profile I:
Alkalinity (as caco3)
Bicarbonate
Total
Cadmium
Magnesium
Silver
Calcium
Manganese
Sodium
Chloride
Mercury
Sulfate
Aluminum
Chromium
Nitrate + Nitrite (as N)
Thallium
Antimony
Copper
Nitrogen, Total (as N)
Total Dissolved Solids
Arsenic
Fluoride
pH (t o.i su) (8)
Uranium, dissolved
Barium
Iron
Potassium
Zinc
Beryllium
Lead
Selenium
-
(2) Radionuclides include the following parameters:
Parameter
Reference Value
Gross Alpha*
15 Ci/L
Gross Beta
50 Ci/L
226Radium + 228Radium
5 Ci/L
Uranium, total
0.03 m /L
*Report gross alpha and adjusted gross alpha in pCi/L.
Radiological analyses shall be performed on unfiltered samples for the total
recoverable fraction. If the standard deviation (SD) of the gross alpha
analysis is > 15 pCi/L, the sample shall be re -analyzed for gross alpha using
the co -precipitation method, EPA 00-02. If the following conditions are met,
the sample shall also be analyzed for Th230 using Eichrome Method
ACW10-11:
1. Electrical conductivity value > 1,000 µS/cm; and,
2. If the SD of the gross alpha analysis > 15 pCi/L; or,
3. If the SD of Rd 226+228 is > 5 pCi/L.
If Uranium is >0.03 mg/L in solution or is known or suspected to be > 0.05%
in ore, the Permittee should contact the Nevada Department of Health and
Human Services - Radiation Control Program to discuss characterization and
associated Permitting or licensing requirements.
(3) The sump must be inspected and evacuated on a more frequent basis than
weekly if the fluid level is above the top of the sump or the invert of any pipe
which discharges into the sump, whichever level is lower, or if the potential
exists to exceed the sump capacity. Records are required documenting
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 8 of 20
volume, date, and time of extraction to show that sumps are maintained in this
condition.
(4) The Meteoric Water Mobility Procedure (MWMP) shall be performed by a
Nevada -approved laboratory, in accordance with ASTM Method E 2242-13
(or the most current method).
(5) When static testing(6) characterization of Mined Materials shows the potential
for acid generation as set forth in the current version of the Division guidance
document "Waste Rock, Overburden, and Ore Evaluation," the Permittee
shall, as applicable, notify the Division in writing and initiate kinetic testing()
within 10 days.
If the kinetic test results indicate acid generation conditions exist, the
Permittee shall submit in writing, within 30 days, the methods proposed for
providing containment of these materials and the anticipated impact this acid
generation potential may have on final stabilization of all components affected
as defined in Nevada Administrative Code (NAC) 445A.359.
(6) Acid Neutralizing Potential/Acid Generating Potential (ANP/AGP, also
known as static testing or acid -base accounting) shall be performed by a
Nevada -approved laboratory, using a LECO-type analysis, with full sulfur
speciation, in accordance with the most current update of the Nevada
Modified Sobek Procedure.
(7) Kinetic testing (humidity cell testing) shall be performed by a Nevada -
approved laboratory, in accordance with ASTM Method D 5744-18 Option
`A' (or the most current approved method); tests shall be run for a minimum
of 20 weeks and for a longer duration if warranted or recommended by the
analytical laboratory or required by the Division; samples shall be collected
weekly (all weeks) and measurements shall be recorded for redox potential,
pH, specific conductance (µS/cm), acidity and/or alkalinity (as deemed
appropriate by the laboratory), sulfate, iron (total, plus ferric and ferrous
speciation if total iron > 0.6 mg/L and pH < 5 SU), and dissolved calcium and
magnesium; weekly filtered extracts per the method will be digested and
analyzed for total recoverable concentrations during week 0, 1, 2, 4, 8, 12, 16,
and 20; 4-week extracts thereafter (i.e., week 24, 28, 32, etc.) shall be analyzed
by a Nevada -certified analytical laboratory for Profile I(1) parameters, and
specific conductance (µS/cm) and acidity and/or alkalinity shall be recorded
as recommended by the analytical laboratory; final results reported shall
include initial and final static test results(6), a Profile I(1) analysis of the final
leachate, all kinetic test results above, and any additional analyses required by
the Division.
(8) All sample analyses resulting in a pH value less than or equal to 5.0 SU shall
also be analyzed for acidity (mg/L, as CaCO3 equivalent).
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 9 of 20
(9) Surface Water Profile — Black Rock Region: Quinn River, East and South
Forks (e.g., Crowley Creek and Thacker Creek) (per NAC 445A.1236 and
445A.1312):
Alkalinity (as CaCO3)
Bicarbonate
Total
Chromium (III),
Dissolved(lo
Nickel, Dissolved
Chromium (VI),
Dissolved(1o)
Nitrate + Nitrite (as N)
Copper, Dissolved
pH (t o.1 su)(8)
Ammonia, Total (as N)
Cyanide, Free
Phosphorus, Total (as P)
Antimony, Total
Dissolved Oxygen
Potassium
Arsenic, Dissolved
Fluoride
Selenium, Total
Barium, Total
Hardness (as mg/L Cac03)(l1)
Silver, Dissolved
Beryllium, Total
Iron, Total
Sulfate
Boron, Total
Lead, Dissolved
Sulfide, Total (as un-dissociated
hydrogen sulfide)
Cadmium, Dissolved
Magnesium
Thallium, Total
Calcium
Manganese, Total
Total Dissolved Solids
Chloride
Mercury, Dissolved
Zinc, Dissolved
Chromium, Total
Molybdenum, Total
-
(10) Analyze and calculate for chromium species only if total chromium exceeds
0.005 mg/L.
(11) Hardness = (2.497 * Ca) + (4.118 * Mg), where Ca is the calcium
concentration in mg/L and Mg is the magnesium concentration in mg/L.
(12) For presence of water, state whether the pit surface is dry, damp, or wet. If
water is ponding, provide a depth and flow measurement.— epfkpe
flowing water-).
E. Quarterly and annual monitoring reports and release reporting shall be in
accordance with Part II.B.
F. All sampling and analytical accuracy shall be in accordance with Part II.E.
G. Permit Limitations
1. The accumulation of more than 2 feet of sediment in any pond.
2. Mining below the 4,840 feet above mean sea level elevation, which is 15 feet
above the pre -mining regional water table as outlined in the Piteau memo dated
28 ADril 2021 and titled Thacker Pass Proiect Piezometric Hvdrogranhs. Water
levels shall be confirmed with at least two additional piezometers installed 2
years in advance of mining into the following panel.
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 10 of 20
3. The daily accumulation or flow exceeding 150 gallons per day averaged over
the quarter in the leak detection sump identified in Part I.D.4.
4. The daily accumulation or flow exceeding 50 gallons per day averaged over the
year in the leak detection sump identified in Part I.D.4.
5. Failure to meet a Schedule of Compliance date or requirement.
6. The storage of solution in a single -lined pond for more than 20 consecutive days
for any single event.
7. Except as otherwise allowed by this Permit, a minimum 2-foot freeboard shall
be maintained in all ponds.
8. Tailings material may not be removed from the tailings impoundment, except
with prior written authorization from the Division.
9. The Clay Tailings Filter Stack Facility, as measured vertically from the top of
the synthetic liner for any point on the pad, constructed in excess of a maximum
permitted elevation of 200 feet over minimidm 80-mil thickness HDPE synthetie
linereomembrane.
10. Ponding of solution on the CTFS.
11. The moisture content of the clay tailings material placed in the structural zone
shall not exceed 5-2-46 percent until additional seepage analysis is submitted
and approved by the Division in accordance with Part I.B.87
12. The moisture content of the clay tailings material placed in the non-structural
zone shall not exceed 58--46 percent until additional seepage analysis
submitted and approved by the Division in accordance with Part I.B.8.
13. The facility shall not degrade waters of the State to the extent that applicable
water quality standards or reference values, and background concentrations, are
exceeded.
14. The following surface water quality standards apply to Quinn River, East and
South Forks and its tributaries, including Crowley Creek and Thacker Creek, in
accordance with NAC 445A.1236 and 445A.1312:
Parameter
Standard or Standard Calculation Equation(')
(µg/L, except as noted)
Alkalinity (as Cam)
> 20 mg/L
Ammonia, Total (as N)
mg/L per NAC 445A. 118(c)
Antimony, Total
146
Arsenic, Dissolved (a)
10
Barium, Total
2.0 mg/L
Beryllium, Total
0
Boron, Total
750
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 11 of 20
Parameter
Standard or Standard Calculation Equation(')
(µg/L, except as noted)
Cadmium, Dissolved a
(1.101672-{ln(hardness)(0.041838)))*e 7409 n ar ess - . 719)
Calcium
Measure and report (as mg/L calcium) for
hardness determination
Chloride
400 mg/L
Chromium, Total
100
Chromium (III), Dissolved(a)(b)
(0.860)*e(0.8190{ln(hardness)}+0.6848)
Chromium (VI), Dissolved (a)
11
Copper, Dissolved(a)(b)
(0.960)*e(0.8545{ln(hardness))-1.702)
Cyanide, Free (a)
5.2
Dissolved Oxygen
> 6.0 mg/L
Fluoride
1.0 mg/L
Hardness(b)
Calculate and report (as mg/L CaCO3)
Iron, Total(a)
1.0 mg/L
Lead, Dlssolved(a)(b)
(1.46203-{ln(hardness)(0.145712)))*e(1.273{ln(hardness))-4.705)
Manganese, Total
200
Magnesium
Measure and report (as mg/L magnesium) for
hardness determination
Mercury, Dissolved (a)
0.77
Molybdenum, Total (a)
1.65 mg/L
Nickel, Dissolved(a)(b)
(0.997)*e(0.8460{ln( ardness)l+0.0584)
Nitrate + Nitrite (as N)
10 mg/L
PH
6.5 — 9.0 SU
Phosphorus, Total (as P)
100
Selenium, Total (a)
5.0
Silver, Dlssolved(a)(b)
(0.85)*e(1.72{ln(hardness))-6.59)
Sulfate
500 mg/L
Sulfide, Total (as un-dissociated hydrogen
sulfide)(a)
2 0
Thallium, Total
13
Total Dissolved Solids
500 mg/L
Zinc, Dlssolved(a)(b)
(0.986)*e(0.8473{ln(hardness))+0.884)
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 12 of 20
(a) The standard may be exceeded once every three years per NAC 445A.1236.
(b) For calculated aquatic life standards, hardness (as mg/L CaCO3) is determined
via the equation in Part I.D., Footnote (11). See Part I.D. Abbreviations for
reference. Include all calculated standards with each monitoring report, as
applicable.
(c) For a complete list of applicable surface water standards, refer to NAC
445A.118, 445A.121, 445A.122, 445A.1236, and 445A.1312.
Exceedances of these limitations may be Permit violations and shall be reported as
specified in Part II.B.4.
H. The facility shall maintain automated or manual calibrated rain and snow gauge(s),
which shall be monitored at least daily to record precipitation (inches of water,
including snow water equivalent). A written and/or electronic record of
precipitation data, and any other weather data required in Part I.D, shall be
maintained on site and shall be submitted to the Division upon request, with each
Permit renewal application, and pursuant to Parts II.B.1 and II.B.2, as applicable,
in a Division -approved electronic format.
I. The Permittee shall inspect all control devices, systems, and facilities weekly, and
during (when possible) and after major storm events. These inspections are
performed to detect evidence of:
1. Deterioration, malfunction, or improper operation of control or monitoring
systems;
2. Sudden changes in the data from any monitoring device;
3. The presence of liquids in leak detection systems; and
4. Severe erosion or other signs of deterioration in dikes, diversions, closure
covers, or other containment devices.
J. Prior to initiating permanent closure activities at the facility, or at any process
component or other source within the facility, the Permittee must have an approved
final plan for permanent closure.
K. The Permittee shall remit an annual review and services fee in accordance with
NAC 445A.232 starting July 1 after the effective date of this Permit and every year
thereafter until the Permit is terminated or the facility has received final closure
certification from the Division.
L. The Permittee shall not dispose of or treat Petroleum -Contaminated Soil (PCS) on
the mine site without first obtaining from the Division approval of a PCS
Management Plan.
M. When performing dust suppression activities, the Permittee shall use best
management practices and appropriate selection of water source and additives to
prevent degradation of waters of the State. If a dust suppressant exceeds a water
quality standard and the corresponding natural background water concentration in
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 13 of 20
the area where dust suppression will occur, the Permittee shall demonstrate no
potential to degrade waters of the State.
N. Continuing Investigations:
1. The Permittee shall submit to the Division for review and approval an updated
waste rock management plan (WRMP) with each Permit renewal and with any
application to modify the Permit that could affect the WRMP. A revised
WRMP must also be approved prior to initiating mining or in -pit backfill
activities not previously approved. The WRMP must include representative
characterization data for all anticipated waste rock and overburden in
accordance with the current version of the Division guidance document "Waste
Rock, Overburden, and Ore Evaluation," in addition to a detailed description of
how, when, and where the materials will be managed and monitored, and
appropriate controls to eliminate any potential to degrade waters of the State, if
applicable. Approval may require modification of the Permit and payment of
modification fees.
2. Revised stability analyses and interim as -built reports for the CTFS shall be
submitted for Division review and approval on an annual basis.
3. The Permittee shall initiate and continue neutralization studies of tailings
material prior to its filtration and stacking on the CTFS. Neutralization studies
may include but are not limited to rinsing, chemical and/or physical alteration
of the tailings material. The Permittee will submit annual progress reports to
the Division for review and evaluation and will also include the potential short-
term and long-term impacts of the neutralization methods on CTFS stability.
Any neutralization methodology selected by the Permittee for implementation
at the facility will require the submittal of detailed engineering designs and fee
to modify the Permit.
11. General Facility Conditions and Limitations
A. General Requirements
1. The Permittee shall achieve compliance with the conditions, limitations, and
requirements of the Permit upon commencement of each relevant activity. The
Administrator may, upon the request of the Permittee and after public notice (if
required), revise or modify a Schedule of Compliance in an issued Permit if he
or she determines good and valid cause (such as an act of God, a labor strike,
materials shortage, or other event over which Permittee has little or no control)
exists for such revision.
2. The Permittee shall at all times maintain in good working order and operate as
efficiently as possible, all devices, facilities, and systems installed or used by
the Permittee to achieve compliance with the terms and conditions of this
Permit.
3. Whenever the Permittee becomes aware that he or she failed to submit any
relevant facts in the Permit application, or submitted incorrect information in a
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 14 of 20
Permit application or in any report to the Administrator, the Permittee shall
promptly submit such facts or correct information. Any inaccuracies found in
this information may be grounds for revocation or modification of this Permit
and appropriate enforcement action.
B. Reporting Requirements
1. The Permittee shall submit quarterly reports, in both hard copy and a Division -
approved electronic format, which are due to the Division on or before the 28th
day of the month following the quarter and must contain the following:
a. Monitoring results from the leak detection sumps, pipes, or piezometers
identified in Parts I.D.3, I.D.4, and I.D.5, reported on Nevada Division of
Environmental Protection (NDEP) Form 0590 or equivalent;
b. Presence of water in the west pit identified in Part I.D.2;
c. Analytical results of the solution collected from monitoring locations
identified in Parts I.D.6, I.D.8, and I.D.9, reported on NDEP Form 0190 or
equivalent;
d. Water and collar elevations for site monitoring wells and pit piezometers
identified in Parts I.D.2, and I.D.8;
e. Analytical results of the MWMP-Profile I-R and ANP/AGP testing for the
materials identified in Part I.D.7, reported on NDEP Form 0190 or
equivalent;
f. The moisture content and compaction information identified in Part I.D.7;
g. A record of releases, and the remedial actions taken in accordance with the
approved Emergency Response Plan on NDEP Form 0490 or equivalent;
and
h. For any kinetic test initiated, continued, or terminated with Division
approval during the quarter, provide a brief report of the test status and an
evaluation of the results to date, which shall include all analytical data
generated from the date testing was initiated through the reporting quarter.
Facilities which have not initiated mining or construction, must submit a
quarterly report identifying the status of mining or construction. Subsequent to
any noncompliance or any facility expansion which provides increased
capacity, the Division may require an accelerated monitoring frequency.
2. The Permittee shall submit an annual report, in both hard copy and a Division -
approved electronic format, by February 28th of each year, for the preceding
calendar year, which contains the following:
a. Annual neutralization study progress report and interim as -built report for
the CTFS, including but not limited to chimney drain placement, tailings
moisture contents, and --compaction QA/QC, description of construction
activities, as -built drawings, construction photos, field and laboratory
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 15 of 20
testing, and a revised stability analysis incorporating data collected within
the year;
b. Analytical results of water quality samples collected from water supply
wells identified in Part I.D.1, reported on NDEP Form 0190 or equivalent;
c. A synopsis of releases on NDEP Form 0390 or equivalent;
d. A brief summary of site operations, including the number of tons of ore
processed during the year, construction and expansion activities, and major
problems with the fluid management system;
e. A table of total monthly precipitation amounts and other weather data, as
applicable, recorded in accordance with Parts I.D.10 and I.H, reported for
either a five-year history previous to the date of submittal or the history
since initial Permit issuance, whichever is shorter;
f. An updated version of the facility monitoring and sampling procedures and
protocols, as applicable;
g. An updated evaluation of the closure plans, as applicable, using specific
characterization data for each process component with respect to achieving
stabilization; and
h. Graphs of leak detection flow rates, pH, total dissolved solids (TDS),
sulfate, chloride, nitrate + nitrite (as N), fluoride, zinc, and arsenic
concentrations (as applicable), versus time for all fluid sampling points.
These graphs shall display either a five-year history previous to the date of
submittal or the history since initial Permit issuance, whichever is shorter.
Additional parameters may be required by the Division if deemed
necessary.
3. Release Reporting Requirements: The following applies to facilities with an
approved Emergency Response Plan. If a site does not have an approved
Emergency Response Plan, then all releases must be reported as per NAC
445A.347 or NAC 445A.3473, as appropriate.
a. A release of any quantity of hazardous substance, as defined at NAC
445A.3454, to surface water, or that threatens a vulnerable resource, as
defined at NAC 445A.3459, must be reported to the Division as soon as
practicable after knowledge of the release, and after the Permittee notifies
any emergency response agencies, if required, and initiates any action
required to prevent or abate any imminent danger to the environment or the
health or safety of persons. An oral report shall be made by telephone to
[phone], and a written report shall be provided within 10 days in
accordance with Part II.B.4.b.
b. A release of a hazardous substance in a quantity equal to or greater than that
which is required to be reported to the National Response Center pursuant
to 40 Code of Federal Regulations (CFR) Part 302 must be reported as
required by NAC 445A.3473 and Part ILB.3.a.
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 16 of 20
c. A release of a non -petroleum hazardous substance not subject to Parts
II.B.3.a. or II.B.3.b., released to soil or other surfaces of land, and the total
quantity is equal to or exceeds 500 gallons or 4,000 pounds, or that is
discovered in or on groundwater in any quantity, shall be reported to the
Division no later than 5:00 P.M. of the first working day after knowledge
of the release. An oral report shall be made by telephone to [phone]
, and a written report shall be provided within 10 days in accordance with
Part II.B.4.b. Smaller releases, with total quantity greater than 25 gallons
or 200 pounds and less than 500 gallons or 4,000 pounds, released to soil or
other surfaces of land, or discovered in at least 3 cubic yards of soil, shall
be reported quarterly on NDEP Form 0390 or equivalent.
d. Petroleum Products and Coolants: If a release is subject to Parts II.B.3.a.
or II.B.3.b., report as specified in Part II.B.3.a. Otherwise, if a release of
any quantity is discovered on or in groundwater, or if the total quantity is
equal to or greater than 100 gallons released to soil or other surfaces of land,
report as specified in Part II.B.3.c. Smaller releases, with total quantity
greater than 25 gallons but less than 100 gallons, released to soil or other
surfaces of land, or if discovered in at least 3 cubic yards of soil, shall be
reported quarterly on NDEP Form 0390 or equivalent.
4. The Permittee shall report to the Administrator any noncompliance with the
Permit.
a. Each such event shall be reported orally by telephone to [phone],
not later than 5:00 P.M. of the next regular work day from the time the
Permittee has knowledge of the circumstances. This report shall include the
following:
i. Name, address, and telephone number of the owner or operator;
ii. Name, address, and telephone number of the facility;
iii. Date, time, and type of incident, condition, or circumstance;
iv. If reportable hazardous substances were released, identify material and
report total gallons and quantity of contaminant;
v. Human and animal mortality or injury;
vi. An assessment of actual or potential hazard to human health and the
environment outside the facility; and
vii. If applicable, the estimated quantity of material that will be disposed
and the disposal location.
b. A written summary shall be provided within 10 days of the time the
Permittee makes the oral report. The written summary shall contain:
i. A description of the incident and its cause;
ii. The periods of the incident (including exact dates and times);
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 17 of 20
iii. If reportable hazardous substances were released, the steps taken and
planned to complete, as soon as reasonably practicable, an assessment
of the extent and magnitude of the contamination pursuant to NAC
445A.2269;
iv. Whether the cause and its consequences have been corrected, and if not,
the anticipated time each is expected to continue; and
v. The steps taken or planned to reduce, eliminate, and prevent recurrence
of the event.
c. The Permittee shall take all available and reasonable actions, including
more frequent and enhanced monitoring to:
i. Determine the effect and extent of each incident;
ii. Minimize any potential impact to the waters of the State arising from
each incident;
iii. Minimize the effect of each incident upon domestic animals and all
wildlife; and
iv. Minimize the endangerment of the public health and safety which arises
from each incident.
d. If required by the Division, the Permittee shall submit, as soon as reasonably
practicable, a final written report summarizing any related actions,
assessments, or evaluations not included in the report required in Part
II.B.4.b., and including any other information necessary to determine and
minimize the potential for degradation of waters of the State and the impact
to human health and the environment. Submittal of the final report does not
relieve the Permittee from any additional actions, assessments, or
evaluations that may be required by the Division.
C. Administrative Requirements
1. A valid Permit must be maintained until permanent closure and post -closure
monitoring are complete. Therefore, unless permanent closure and post -closure
monitoring have been completed and termination of the Permit has been
approved in writing by the Division, the Permittee shall apply for Permit
renewal not later than 120 days before the Permit expires.
2. Except as required by NAC 445A.419 for a Permit transfer, the Permittee shall
submit current Permit contact information described in paragraphs (a) through
(c) of subsection 2 of NAC 445A.394 within 30 days after any change in
previously submitted information.
3. All reports and other information requested by the Administrator shall be signed
and certified as required by NAC 445A.231.
4. All reports required by this Permit, including, but not limited to, monitoring
reports, corrective action reports, and as -built reports, as applicable, and all
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 18 of 20
applications for Permit modifications and renewals, shall be submitted in both
hard copy and a Division -approved electronic format.
5. The Permittee shall submit any new or updated Universal Transverse Mercator
(UTM) location data for all monitoring points specified in Part I.D, expressed
in meters and decimals of a meter, using the Nevada Coordinate System of 1983
(also known as the North American Datum of 1983 or NAD83, ref NRS
327.005), with each Permit renewal, as -built report, and monitoring plan
update, as applicable. Data shall be submitted electronically to the Division in
Excel format.
6. When ordered consistent with Nevada Statutes, the Permittee shall furnish any
relevant information in order to determine whether cause exists for modifying,
revoking and reissuing, or permanently revoking this Permit, or to determine
compliance with this Permit.
7. The Permittee shall maintain a copy of, and all modifications to, the current
Permit at the permitted facilities at all times.
8. The Permittee is required to retain during operation, closure, and post -closure
monitoring, all records of monitoring activities and analytical results, including
all original strip chart or data logger recordings for continuous monitoring
instrumentation, and all calibration and maintenance records. This period of
retention must be extended during the course of any unresolved litigation.
9. The provisions of this Permit are severable. If any provision of this Permit, or
the application of any provision of this Permit to any circumstance, is held
invalid, the application of such provision to other circumstances, and the
remainder of this Permit, shall not thereby be affected.
10. The Permittee is authorized to manage fluids and solid wastes in accordance
with the conditions of this Permit. Issuance of this Permit does not convey
property rights of any sort or any exclusive privilege; nor does it authorize any
injury to persons or property, any invasion of other private rights, or any
infringement of Federal, State, or local law or regulations. Compliance with
the terms of this Permit does not constitute a defense to any order issued or any
action brought under the Water Pollution Control Statutes for releases or
discharges from facilities or units not regulated by this Permit. NRS 445A.675
provides that any person who violates a Permit condition is subject to
administrative or judicial action provided in NRS 445A.690 through 445A.705.
D. Division Authority
The Permittee shall allow authorized representatives of the Division, at reasonable
times, and upon the presentation of credentials to:
1. Enter the premises of the Permittee where a regulated activity is conducted or
where records are kept per the conditions of this Permit;
2. Have access to and copy any record that must be kept per the conditions of this
Permit;
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 19 of 20
3. Inspect and photograph any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated by this Permit; and
4. Sample or monitor for any substance or parameter at any location for the
purposes of assuring Permit and regulatory compliance.
E. Sampling and Analysis Requirements
Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity.
2. For each measurement or sample taken pursuant to the conditions of this Permit,
the Permittee shall record the following information:
a. The exact place, date, and time of the inspection, observation, measurement,
or sampling, and
b. The person(s) who inspected, observed, measured, or sampled.
3. Samples must be taken, preserved, and labeled according to Division approved
methods.
4. Standard environmental monitoring chain of custody procedures must be
followed.
Samples shall be analyzed by a laboratory certified or approved by the State of
Nevada, as applicable for the method(s) being performed. The Permittee must
identify in all required reports the certified and approved laboratories used to
perform the analyses, laboratory reference numbers, and sample dates, and for
the electronic version of each report only, include all associated laboratory
analytical reports, including test results, test methods, chain -of -custody forms,
and quality assurance/quality control documentation.
6. The accuracy of analytical results, unless otherwise specified, shall be
expressed in mg/L and be reliable to at least two significant digits. The
analytical methods used must have a practical quantitation limit (PQL) equal to
or less than one-half the reference value for Profile I and Surface Water Profile
parameters. Laboratories shall report the lowest reasonable PQL based on in-
house method detection limit studies. Samples for Profile I parameters shall be
filtered and analyzed for the dissolved fraction, unless otherwise required by
the Division; samples for Surface Water Profile parameters shall be analyzed in
accordance with NAC 445A.1236 and other applicable surface water
regulations. Unless otherwise approved by the Division, analytical results that
are less than the PQL shall be reported quantitatively by listing the PQL value
preceded by the "<" symbol.
F. Permit Modification Requirements
Any material modification, as defined at NAC 445A.365, plan to construct a
new process component, or proposed change to Permit requirements must be
reported to the Division by submittal of an application for a Permit
modification, or if such changes are in conformance with the existing Permit,
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 20224, Revision 00)
Page 20 of 20
by submittal of a written notice of the changes. The Permit modification
application must comply with NAC 445A.391 through 445A.399, 445A.410,
445A.414, 445A.4155, 445A.416, 445A.417, 445A.440, and 445A.442, as
applicable. The construction or modification shall not commence, nor shall a
change to the Permit be effective, until written Division approval is obtained.
2. Prior to the commencement of mining activities at any site within the State
which is owned or operated by the Permittee but not identified and
characterized in a previously submitted application or report, the Permittee shall
submit to the Division a report which identifies the locations of the proposed
mine areas and waste disposal sites, and characterizes the potential of mined
materials and areas to release pollutants. Prior to development of these areas
the Division shall determine if any of these new sources will be classified as
process components and require engineered containment as well as Permit
modification.
3. The Permittee shall notify the Division in writing at least 30 days before the
introduction of process solution into a new process component or into an
existing process component that has been materially modified, or of the intent
to commence active operation of that process component. Before introducing
process solution or commencing active operation, the Permittee shall obtain
written authorization from the Division.
4. The Permittee must obtain a written determination from the Administrator of
any planned process component construction or material modification, or any
proposed change to Permit requirements, as to whether it is considered a Permit
modification, and if so, what type.
5. The Permittee must give advance notice to the Administrator of any planned
changes or activities which are not material modifications in the permitted
facility that may result in noncompliance with Permit requirements.
Prepared by: Michelle Griffin
Date: 25 i nhtFy23 February 2022
Revision 00: 20224 New Permit
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STATE OF NEVADA
Department of Conservation and Natural Resources
Division of Environmental Protection
Bureau of Mining Regulation and Reclamation
Water Pollution Control Permit
Permittee: Lithium Nevada Corp.
Thacker Pass Project
5310 Kietzke Lane, Suite 200
Reno, NV 89511
Permit Number: NEV2020104
Review Type/YearlRevision. New Permit 2022, Revision 00
Pursuant to Nevada Revised Statutes (NRS) 445A.300 through 445A.730, inclusive, and
regulations promulgated thereunder by the State Environmental Commission and
implemented by the Division of Environmental Protection (the Division), this Permit
authorizes the Permittee to construct, operate, and close the Thacker Pass Project, in
accordance with the limitations, requirements, and other conditions set forth in this Permit.
The Permittee is authorized to process up to 7,640,000 tons of ore per year.
The facility is located in Humboldt County, within Sections I and 12, Township 44 North
(T44N), Range 34 East (R34E); Sections 2-17, T44N, R35E; and sections 7, 8, 14-23, and 29,
T44N, R36E, Mount Diablo Baseline and Meridian, approximately 20 miles northwest of
the town of Orovada, Nevada.
The Permittee must comply with all terms and conditions of this Permit and all applicable
statutes and regulations.
This Permit is based on the assumption that the information submitted in the application of
2 April 2020, as modified by subsequent approved amendments, is accurate and that the
facility has been constructed and is being operated as specified in the application. The
Permittee must inform the Division of any deviation from, or changes in, the information
in the application, which may affect the ability of the Permittee to comply with applicable
regulations or Permit conditions.
This Permit is effective as of 12 March 2022, and shall remain in effect until 11 March
2027, unless modified, suspended, or revoked.
Signed this ?-S-r4Aday of February 2022.
Aimee Keys
Chief, Bureau of Mining Regulation and Reclamation

Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 2 of 20
I. Specific Facility Conditions and Limitations
A. In accordance with operating plans and facility design plans reviewed and approved
by the Division the Permittee shall:
1. Construct, operate, and close the facility in accordance with those plans;
2. Contain within the fluid management system all process fluids including all
meteoric waters which enter the system as a result of the 25-year, 24-hour storm
event; and
3. Not release or discharge any process or non -process contaminants from the fluid
management system.
B. Schedule of Compliance:
1. By 10 July 2022 (within 120 days of the effective date of the Permit), the
Permittee shall submit for review and approval updated operating plans,
pursuant to Nevada Administrative Code (NAC) 445A.398 and 445A.427,
which are revised, as warranted, to reflect the requirements in this Permit and
any associated as -built reports.
2. By 11 May 2022 (within 60 days of the effective date of the Permit), the
Permittee shall submit the final location, design, and installation schedule for a
groundwater monitoring well downgradient of the West Waste Rock Storage
Facility (\%'WRSF). After Division approval, the well shall be installed, and at
least three quarters of monitoring data collected, prior to commissioning the
WWRSF component. Within 30 days after the well is completed, an as -built
report shall be submitted pursuant to NAC 445A.427.
3. Thirty days prior to initiation of operations, the Permittee shall submit to the
Division a written notice of intention to begin operation pursuant to Nevada
Administrative Code (NAC) 445A.426
4. Thirty days prior to initiation of operations, the Permittee shall schedule a
reasonable time for the Division to conduct a facility inspection to ascertain
compliance of the constructed facility with the approved design and Permit.
5. Prior to the initiation of mining, the Permittee shall submit locations and designs
for at least two piezometers to the Division for approval to verify water levels
below the west pit. Prior to abandoning these initial piezometers to proceed
mining east, the Permittee shall submit locations and designs for the installation
of two additional piezometers for Division approval.
6. The subsurface conditions beneath the proposed sulfuric acid plant (SAP) shall
be confirmed prior to construction. If the geotechnical program results in a
modification to the design or location of the SAP, a permit modification and
corresponding fee may be required for submittal and approval by the Division.
7. Prior to mining below the water table, the Permittee shall submit for Division
review and approval, a major modification with the associated fee which
proposes a mine plan and supporting groundwater model which demonstrates
waters of the State will not be degraded.
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 3 ot'20
8. By 10 July 2022 (within 120 days of the effective date of the Permit), the
Permittee shall submit for review and approval an additional sensitivity analysis
analyzing the effect of moisture content on seepage rates from the Clay Tailings
Storage Facility to specify an allowable operating range for tailings placement.
9. By 11 May 2022 (within 60 days of the effective date of the Permit), the
Permittee shall submit for review and approval an engineering design change
for the installation of a surface flow measuring device or an updated monitoring
plan which includes the methods to be used to monitor flow at the surface
waters identified in Part I.D.9.
The schedule of compliance items above are not considered completed until
approved in writing by the Division.
C. The fluid management system covered by this Permit consists of the following
process components:
1. The clay tailings filter stack facility (CTFS) with solution collection pipes lined
with 80-mil high density polyethylene (HDPE) geomembrane;
2. Leak detection system for the CTFS (CTFS perimeter piezometers) and south
solution collection channel;
3. Double -lined Reclaim Pond with a leakage collection and recovery system;
4. Two waste rock storage facilities, coarse gangue stockpile, and run -of -mine
stockpile each with a low hydraulic conductivity soil layer, and stormwater
sediment and runoff ponds (EWRSF, WWRSF, CGS, and ROM Ponds) lined
with 80-mil HDPE geomembrane;
5. Transfer pipes, valves, and pumps used in conveyance, control, or detection of
process fluids between process components; and
6. Sulfuric acid plant and process plant, including, but not limited to, all tanks,
basins, sumps, pumps, and piping necessary to interconnect the process
components within the buildings.
D. Monitoring Requirements:
Identification
Parameter
Frequency
1. Water Supply
QRPW-01, QRPW-02, PH-1
Profile I(1) and
Annually, if used
Radionuclides (2)
during the year
2. West Pit;
Pit floor elevation,
Monthly, if
Presence of Water(12)
present;
and Profile I(1) and
Radionuclides (2);
PZ-1, PZ-2
Water elevation (ft
Monthly
amsl
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 4 of 20
Identification
Parameter
Frequency
3. Clay Tailings Filter Stack Leak
Detection
LDP;
Average daily flow
Weekly (once
(gpd);
commissioned)
LD-00, LD-01, LD-02, LD-03,
Presence of solution,
LD-04, LD-05-06
if flow is present at
LDP
4. Reclaim Pond Leak Detection
(sump capacity)
CTFS Reclaim Pond (RP-LD)
Average daily
Weekly(3) (once
1,583 al
accumulation d
commissioned
5. Piezometer Measurements
CTFS:
Hydraulic head (feet)
Weekly
Structural Zone: (PZ02, PZ03,
PZ05, PZ06, PZ 11, PZ 12)
Non -Structural Zone: (PZO 1,
PZ04, PZ07, PZ08, PZ09, PZ 10)
CTFS Perimeter (CTFS-01,
CTFS-02, CTFS-03, CTFS-04,
CTFS-05, CTFS-06, CTFS-07,
CTFS-08)
6. Pond Solution
Reclaim Pond (R1')
Profile I(1) and
Quarterly, if
WWRSF Pond (WP)
Radionuclides(2),
present (once
EWRSF Pond (EP)
and flow (gpm)
commissioned)
CGS Pond (CP)
ROM Pond (ROMP)
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 5 of 20
Identification
Parameter
Frequency
7. Mined Materials
Waste Rock (WR);
MWMP(4)-Profile I(1)
Quarterly;
and Radionuclides(2)
and ANP/AGP(5)(6),
Tons placed in the
CTFS
Coarse Gangue (CG)
MWMP(4)-Profile W)
Quarterly;
Ore Stockpile (OS);
and Radionuclides(2)
and ANP/AGP(5)(6);
Clay Tailings (CT)
MWMP(4) - Profile
Monthly
Sulfate Salts (SS)
I(1) and
Radionuclides(2),
and ANP/AGP(5)(6);
Physical stability,
Geotechnical
Moisture
Content,percent
compaction (ASTM
D 1557), and final
placement location
8. Site Monitoring
Upgradient: MW 18-04
Profile I(1) and
Quarterly (once
WWRSF: MW 18-03, MW-02
Radionuclides(2);
Commissioned);
West Pit: MW 18-01, WSH-I I
Quinn Valley: WSH-13, WSH-14
Water and collar
Each renewal
EWRSF: MW-08
elevation (feet
CGS: WSH-03
AMSL)
CTFS: MW 21-01, MW21-02,
MW 18-02, MW 21-03
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 6 of 20
Identification
Parameter
Frequency
9. Surface Water Monitoring
Upper Thacker Creek
Surface Water
Quarterly, when
Lower Thacker Creek
Prof le(9) and
flowing
SP-02 (tributary to Crowley
Radionuclides(2),
Creek)
flow (gpm)
Crowley Creek upgradient of
confluence: (CC-U)
Crowley Creek downgradient of
confluence: (CC-D)
10. Weather Station Facility
Ambient Conditions
Ambient
Daily
temperature,
(min/max), relative
humidity (%), wind
speed (mph), wind
direction (azimuth
degree), total
precipitation
(inches), solar
irradiance (W/m2),
and SWE (inches)
The Permittee may request a reduction of the monitoring frequency after four
quarters of complete monitoring based on justification other than cost. Such
reductions may be considered modifications to the Permit and require payment of
modification fees.
Abbreviations and Definitions:
ANISL = above mean sea level; ANP/AGP = Acid Neutralizing Potential:Acid
Generation Potential ratio; ASTM = American Society for Testing and Materials;
CaCO3 = calcium carbonate; DO = dissolved oxygen; e = the base of the natural
logarithm with approximate value of 2.718; Eh = chemical reduction potential; EPA
U.S. Environmental Protection Agency; gal = gallons; gpd = gallons per day;
gpm = gallons per minute; In = natural logarithm with base e; mg/L = milligrams
per liter; mV = millivolts; MWMP = Meteoric Water Mobility Procedure; N =
nitrogen; NAC = Nevada Administrative Code; NDEP = Nevada Division of
Environmental Protection; NTU = nephelometric turbidity unit; P =-- phosphorous;
pCi/L = picocuries per liter; PCS = Petroleum -Contaminated Soil; pH = the
negative of the base 10 logarithm of the activity of the hydrogen ion; SU = standard
units for pH measurement; SWE = snow water equivalent; TPH = total petroleum
hydrocarbons; * = multiplication symbol; > — greater than; > = greater than or equal
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 7 of 20
to; < = less than; °F = degrees Fahrenheit; µg/L = micrograms per liter; µS/cm =
microSiemens per centimeter
Footnotes:
(1) Profile I:
Alkalinity (as Caco,)
Bicarbonate
Total
Cadmium
Magnesium
Silver
Calcium
Manganese
Sodium
Chloride
Mercury
Sulfate
Aluminum
Chromium
Nitrate + Nitrite (as N)
Thallium
Antimony
Copper
Nitrogen, Total (as N)
Total Dissolved Solids
Arsenic
Fluoride
pH (t o.1 su) (8)
Uranium, dissolved
Barium
Iron
Potassium
Zinc
Beryllium
Lead
Selenium
-
(2) Radionuclides include the following parameters:
Parameter
Reference Value
Gross Alpha*
15 Ci/L
Gross Beta
50 Ci/L
226Radium + 228Radium
5 Ci/L
Uranium, total
0.03 m /L
*Report gross alpha and adjusted gross alpha in pCi/L.
Radiological analyses shall be performed on unfiltered samples for the total
recoverable fraction. If the standard deviation (SD) of the gross alpha
analysis is > 15 pCi/L, the sample shall be re -analyzed for gross alpha using
the co -precipitation method, EPA 00-02. If the following conditions are met,
the sample shall also be analyzed for Th230 using Eichrome Method
ACW10-11:
1. Electrical conductivity value > 1,000 µS/cm; and,
2. If the SD of the gross alpha analysis > 15 pCi/L; or,
3. If the SD of Rd 226+228 is > 5 pCi/L.
If Uranium is >0.03 mg/L in solution or is known or suspected to be > 0.05%
in ore, the Permittee should contact the Nevada Department of Health and
Human Services - Radiation Control Program to discuss characterization and
associated Permitting or licensing requirements.
(3) The sump must be inspected and evacuated on a more frequent basis than
weekly if the fluid level is above the top of the sump or the invert of any pipe
which discharges into the sump, whichever level is lower, or if the potential
exists to exceed the sump capacity. Records are required documenting
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 8 of 20
volume, date, and time of extraction to show that sumps are maintained in this
condition.
(4) The Meteoric Water Mobility Procedure (MWMP) shall be performed by a
Nevada -approved laboratory, in accordance with ASTM Method E 2242-13
(or the most current method).
(5) When static testing(') characterization of Mined Materials shows the potential
for acid generation as set forth in the current version of the Division guidance
document "Waste Rock, Overburden, and Ore Evaluation," the Permittee
shall, as applicable, notify the Division in writing and initiate kinetic testing()
within 10 days.
If the kinetic test results indicate acid generation conditions exist, the
Permittee shall submit in writing, within 30 days, the methods proposed for
providing containment of these materials and the anticipated impact this acid
generation potential may have on final stabilization of all components affected
as defined in Nevada Administrative Code (NAC) 445A.359.
(6) Acid Neutralizing Potential/Acid Generating Potential (ANP/AGP, also
known as static testing or acid -base accounting) shall be performed by a
Nevada -approved laboratory, using a LECO-type analysis, with full sulfur
speciation, in accordance with the most current update of the Nevada
Modified Sobek Procedure.
(7) Kinetic testing (humidity cell testing) shall be performed by a Nevada -
approved laboratory, in accordance with ASTM Method D 5744-18 Option
`A' (or the most current approved method); tests shall be run for a minimum
of 20 weeks and for a longer duration if warranted or recommended by the
analytical laboratory or required by the Division; samples shall be collected
weekly (all weeks) and measurements shall be recorded for redox potential,
pH, specific conductance (VS/cm), acidity and/or alkalinity (as deemed
appropriate by the laboratory), sulfate, iron (total, plus ferric and ferrous
speciation if total iron > 0.6 mg/L and pH < 5 SU), and dissolved calcium and
magnesium; weekly filtered extracts per the method will be digested and
analyzed for total recoverable concentrations during week 0, 1, 2, 4, 8, 12, 16,
and 20; 4-week extracts thereafter (i.e., week 24, 28, 32, etc.) shall be analyzed
by a Nevada -certified analytical laboratory for Profile I(1) parameters, and
specific conductance (µS/cm) and acidity and/or alkalinity shall be recorded
as recommended by the analytical laboratory; final results reported shall
include initial and final static test results('), a Profile I(1) analysis of the final
leachate, all kinetic test results above, and any additional analyses required by
the Division.
(8) All sample analyses resulting in a pH value less than or equal to 5.0 SU shall
also be analyzed for acidity (mg/L, as CaCO3 equivalent).
(9) Surface Water Profile — Black Rock Region: Quinn River, East and South
Forks (e.g., Crowley Creek and Thacker Creek) (per NAC 445A.1236 and
445A.1312):
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Lithium Nevada Corp.
Thacker Pass Project
Pennit N° NEV2020104 (New 2022, Revision 00)
Page 9 of 20
Alkalinity (as caco,)
Bicarbonate
Total
Chromium (III),
Dissolved")
Nickel, Dissolved
Chromium (VI),
Dissolved(10)
Nitrate + Nitrite (as N)
Copper, Dissolved
pH (t 0.1 Su)(
Ammonia, Total (as N)
Cyanide, Free
Phosphorus, Total (as P)
Antimony, Total
Dissolved Oxygen
Potassium
Arsenic, Dissolved
Fluoride
Selenium, Total
Barium, Total
Hardness (as mg/L Caco,)( )
Silver, Dissolved
Beryllium, Total
Iron, Total
Sulfate
Boron, Total
Lead, Dissolved
Sulfide, Total (as un-dissociated
hydrogen sulfide)
Cadmium, Dissolved
Magnesium
Thallium, Total
Calcium
Manganese, Total
Total Dissolved Solids
Chloride
Mercury, Dissolved
Zinc, Dissolved
Chromium, Total
Molybdenum, Total
-
(10) Analyze and calculate for chromium species only if total chromium exceeds
0.005 mg/L.
(11) Hardness = (2.497 * Ca) + (4.118 * Mg), where Ca is the calcium
concentration in mg/L and Mg is the magnesium concentration in mg/L.
(12) For presence of water, state whether the pit surface is dry, damp, or wet. If
water is ponding, provide a depth and flow measurement.
E. Quarterly and annual monitoring reports and release reporting shall be in
accordance with Part II.B.
F. All sampling and analytical accuracy shall be in accordance with Part II.E.
G. Permit Limitations
1. The accumulation of more than 2 feet of sediment in any pond.
2. Mining below the 4,840 feet above mean sea level elevation, which is 15 feet
above the pre -mining regional water table as outlined in the Piteau memo dated
28 April 2021 and titled Thacker Pass Project Piezometric Hydrographs. Water
levels shall be confirmed with at least two additional piezometers installed 2
years in advance of mining into the following panel.
3. The daily accumulation or flow exceeding 150 gallons per day averaged over
the quarter in the leak detection sump identified in Part I.D.4.
4. The daily accumulation or flow exceeding 50 gallons per day averaged over the
year in the leak detection sump identified in Part I.D.4.
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 10 of 20
5. Failure to meet a Schedule of Compliance date or requirement.
6. The storage of solution in a single -lined pond for more than 20 consecutive days
for any single event.
7. Except as otherwise allowed by this Permit, a minimum 2-foot freeboard shall
be maintained in all ponds.
8. Tailings material may not be removed from the tailings impoundment, except
with prior written authorization from the Division.
9. The Clay Tailings Filter Stack Facility, as measured vertically from the top of
the synthetic liner for any point on the pad, constructed in excess of a maximum
permitted elevation of 200 feet over 80-mil thickness HDPE geomembrane.
10. Ponding of solution on the CTFS.
11. The moisture content of the clay tailings material placed in the structural zone
shall not exceed 46 percent until additional seepage analysis is submitted and
approved by the Division in accordance with Part I.B.8
12. The moisture content of the clay tailings material placed in the non-structural
zone shall not exceed 46 percent until additional seepage analysis is submitted
and approved by the Division in accordance with Part I.B.8.
13. The facility shall not degrade waters of the State to the extent that applicable
water quality standards or reference values, and background concentrations, are
exceeded.
14. The following surface water quality standards apply to Quinn River, East and
South Forks and its tributaries, including Crowley Creek and Thacker Creek, in
accordance with NAC 445A.1236 and 445A.1312:
Parameter
Standard or Standard Calculation Equation
(µg/L, except as noted)
Alkalinity (as Caco,)
> 20 mg/L
Ammonia, Total (as N)
mg/L per NAC 445A. 118
Antimony, Total
146
Arsenic, Dissolved(')
10
Barium, Total
2.0 mg/L
Beryllium, Total
0
Boron, Total
750
Cadmium, Dissolved a
(1.101672-{In(hardness)(0.041838)))*e .7 n ar ness .71 )
Calcium
Measure and report (as mg/L calcium) for
hardness determination
Chloride
400 mg/L
Chromium, Total
100
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page I I of20
Parameter
Standard or Standard Calculation Equation(`
(µg/L, except as noted)
Chromium (III), Dissolved a
(0.860)*e(0.8190(1n(hardness))+0.6848)
Chromium (VI), Dissolved(')11
Copper, Dissolved a
(0.960)*e( n ,ar ness - . 702)
Cyanide, Free (a)
5.2
Dissolved Oxygen
> 6.0 mg/L
Fluoride
1.0 mg/L
Hardness
Calculate and report (as mg/L CaCO3)
Iron, Total(a)1.0
mg/L
Lead, Dissolved(a)O
(1.46203-{In(hardness)(0.145712)))*e( 7 n(iar ness))-4.7 5)
Manganese, Total
200
Magnesium
Measure and report (as mg/L magnesium) for
hardness determination
Mercury, Dissolved(')0.77
Molybdenum, Total(a)1.65
mg/L
Nickel, Dissolved (a)(
(0.997)*e(0.8460(ln(hardness))+0.0584)
Nitrate + Nitrite (as N)
10 mg/L
pH
6.5 — 9.0 SU
Phosphorus, Total (as P)
100
Selenium, Total (a)
5.0
Silver, Dissolved(a)(b)
(0.85)*e(1.72(in(hardness))-6.59)
Sulfate
500 mg/L
Sulfide, Total (as un-dissociated hydrogen
sulfide)(a)
2.0
Thallium, Total
13
Total Dissolved Solids
500 mg/L
Zinc, Dissolved a
(0.986)*e(' 7 n( ar ness))+ . )
(a) The standard may be exceeded once every three years per NAC 445A.1236.
(b) For calculated aquatic life standards, hardness (as mg/L CaCO3) is determined
via the equation in Part I.D., Footnote (11). See Part I.D. Abbreviations for
reference. Include all calculated standards with each monitoring report, as
applicable.
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 12 of20
(c) For a complete list of applicable surface water standards, refer to NAC
445A.118, 445A.121, 445A.122, 445A.1236, and 445A.1312.
Exceedances of these limitations may be Permit violations and shall be reported as
specified in Part II.B.4.
H. The facility shall maintain automated or manual calibrated rain and snow gauge(s),
which shall be monitored at least daily to record precipitation (inches of water,
including snow water equivalent). A written and/or electronic record of
precipitation data, and any other weather data required in Part I.D, shall be
maintained on site and shall be submitted to the Division upon request, with each
Permit renewal application, and pursuant to Parts II.B.1 and II.B.2, as applicable,
in a Division -approved electronic format.
1. The Permittee shall inspect all control devices, systems, and facilities weekly, and
during (when possible) and after major storm events. These inspections are
performed to detect evidence of:
1. Deterioration, malfunction, or improper operation of control or monitoring
systems;
2. Sudden changes in the data from any monitoring device;
3. The presence of liquids in leak detection systems; and
4. Severe erosion or other signs of deterioration in dikes, diversions, closure
covers, or other containment devices.
J. Prior to initiating permanent closure activities at the facility, or at any process
component or other source within the facility, the Permittee must have an approved
final plan for permanent closure.
K. The Permittee shall remit an annual review and services fee in accordance with
NAC 445A.232 starting July 1 after the effective date of this Permit and every year
thereafter until the Permit is terminated or the facility has received final closure
certification from the Division.
L. The Permittee shall not dispose of or treat Petroleum -Contaminated Soil (PCS) on
the mine site without first obtaining from the Division approval of a PCS
Management Plan.
M. When performing dust suppression activities, the Permittee shall use best
management practices and appropriate selection of water source and additives to
prevent degradation of waters of the State. If a dust suppressant exceeds a water
quality standard and the corresponding natural background water concentration in
the area where dust suppression will occur, the Permittee shall demonstrate no
potential to degrade waters of the State.
N. Continuing Investigations:
1. The Permittee shall submit to the Division for review and approval an updated
waste rock management plan (WRMP) with each Permit renewal and with any
application to modify the Permit that could affect the WRMP. A revised
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 13 of 20
WRMP must also be approved prior to initiating mining or in -pit backfill
activities not previously approved. The WRMP must include representative
characterization data for all anticipated waste rock and overburden in
accordance with the current version of the Division guidance document "Waste
Rock, Overburden, and Ore Evaluation," in addition to a detailed description of
how, when, and where the materials will be managed and monitored, and
appropriate controls to eliminate any potential to degrade waters of the State, if
applicable. Approval may require modification of the Permit and payment of
modification fees.
2. Revised stability analyses and interim as -built reports for the CTFS shall be
submitted for Division review and approval on an annual basis.
3. The Permittee shall initiate and continue neutralization studies of tailings
material prior to its filtration and stacking on the CTFS. Neutralization studies
may include but are not limited to rinsing, chemical and/or physical alteration
of the tailings material. The Permittee will submit annual progress reports to
the Division for review and evaluation and will also include the potential short-
term and long-term impacts of the neutralization methods on CTFS stability.
Any neutralization methodology selected by the Permittee for implementation
at the facility will require the submittal of detailed engineering designs and fee
to modify the Permit.
II. General Facility Conditions and Limitations
A. General Requirements
The Permittee shall achieve compliance with the conditions, limitations, and
requirements of the Permit upon commencement of each relevant activity. The
Administrator may, upon the request of the Permittee and after public notice (if
required), revise or modify a Schedule of Compliance in an issued Permit if he
or she determines good and valid cause (such as an act of God, a labor strike,
materials shortage, or other event over which Permittee has little or no control)
exists for such revision.
2. The Permittee shall at all times maintain in good working order and operate as
efficiently as possible, all devices, facilities, and systems installed or used by
the Permittee to achieve compliance with the terms and conditions of this
Permit.
3. Whenever the Permittee becomes aware that he or she failed to submit any
relevant facts in the Permit application, or submitted incorrect information in a
Permit application or in any report to the Administrator, the Permittee shall
promptly submit such facts or correct information. Any inaccuracies found in
this information may be grounds for revocation or modification of this Permit
and appropriate enforcement action.
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Lithium Nevada Corp.
Thacker Pass Project
Permit N NEV2020104 (New 2022, Revision 00)
Page 14 of 20
B. Reporting Requirements
1. The Permittee shall submit quarterly reports, in both hard copy and a Division -
approved electronic format, which are due to the Division on or before the 28th
day of the month following the quarter and must contain the following:
a. Monitoring results from the leak detection sumps, pipes, or piezometers
identified in Parts I.D.3, I.D.4, and I.D.5, reported on Nevada Division of
Environmental Protection (NDEP) Form 0590 or equivalent;
b. Presence of water in the west pit identified in Part I.D.2;
Analytical results of the solution collected from monitoring locations
identified in Parts I.D.6, I.D.8, and I.D.9, reported on NDEP Form 0190 or
equivalent;
d. Water and collar elevations for site monitoring wells and pit piezometers
identified in Parts I.D.2, and I.D.8;
e. Analytical results of the MWMP-Profile I-R and ANP/AGP testing for the
materials identified in Part I.D.7, reported on NDEP Form 0190 or
equivalent;
f. The moisture content and compaction information identified in Part I.D.7;
g. A record of releases, and the remedial actions taken in accordance with the
approved Emergency Response Plan on NDEP Form 0490 or equivalent;
and
h. For any kinetic test initiated, continued, or terminated with Division
approval during the quarter, provide a brief report of the test status and an
evaluation of the results to date, which shall include all analytical data
generated from the date testing was initiated through the reporting quarter.
Facilities which have not initiated mining or construction, must submit a
quarterly report identifying the status of mining or construction. Subsequent to
any noncompliance or any facility expansion which provides increased
capacity, the Division may require an accelerated monitoring frequency.
2. The Permittee shall submit an annual report, in both hard copy and a Division -
approved electronic format, by February 28t1i of each year, for the preceding
calendar year, which contains the following:
a. Annual neutralization study progress report and interim as -built report for
the CTFS, including but not limited to chimney drain placement, tailings
moisture contents, compaction QA/QC, description of construction
activities, as -built drawings, construction photos, field and laboratory
testing, and a revised stability analysis incorporating data collected within
the year;
b. Analytical results of water quality samples collected from water supply
wells identified in Part I.D.1, reported on NDEP Form 0190 or equivalent;
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 15 of 20
c. A synopsis of releases on NDEP Form 0390 or equivalent;
d. A brief summary of site operations, including the number of tons of ore
processed during the year, construction and expansion activities, and major
problems with the fluid management system;
e. A table of total monthly precipitation amounts and other weather data, as
applicable, recorded in accordance with Parts I.D.10 and I.H, reported for
either a five-year history previous to the date of submittal or the history
since initial Permit issuance, whichever is shorter;
f. An updated version of the facility monitoring and sampling procedures and
protocols, as applicable;
g. An updated evaluation of the closure plans, as applicable, using specific
characterization data for each process component with respect to achieving
stabilization; and
h. Graphs of leak detection flow rates, pH, total dissolved solids (TDS),
sulfate, chloride, nitrate + nitrite (as N), fluoride, zinc, and arsenic
concentrations (as applicable), versus time for all fluid sampling points.
These graphs shall display either a five-year history previous to the date of
submittal or the history since initial Permit issuance, whichever is shorter.
Additional parameters may be required by the Division if deemed
necessary.
3. Release Reporting Requirements: The following applies to facilities with an
approved Emergency Response Plan. If a site does not have an approved
Emergency Response Plan, then all releases must be reported as per NAC
445A.347 or NAC 445A.3473, as appropriate.
a. A release of any quantity of hazardous substance, as defined at NAC
445A.3454, to surface water, or that threatens a vulnerable resource, as
defined at NAC 445A.3459, must be reported to the Division as soon as
practicable after knowledge of the release, and after the Permittee notifies
any emergency response agencies, if required, and initiates any action
required to prevent or abate any imminent danger to the environment or the
health or safety of persons. An oral report shall be made by telephone to
[phone], and a written report shall be provided within 10 days in
accordance with Part II.B.4.b.
b. A release of a hazardous substance in a quantity equal to or greater than that
which is required to be reported to the National Response Center pursuant
to 40 Code of Federal Regulations (CFR) Part 302 must be reported as
required by NAC 445A.3473 and Part II.B.3.a.
c. A release of a non -petroleum hazardous substance not subject to Parts
II.B.3.a. or II.B.3.b., released to soil or other surfaces of land, and the total
quantity is equal to or exceeds 500 gallons or 4,000 pounds, or that is
discovered in or on groundwater in any quantity, shall be reported to the
Division no later than 5:00 P.M. of the first working day after knowledge
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 16 of 20
of the release. An oral report shall be made by telephone to [phone]
, and a written report shall be provided within 10 days in accordance with
Part II.B.4.b. Smaller releases, with total quantity greater than 25 gallons
or 200 pounds and less than 500 gallons or 4,000 pounds, released to soil or
other surfaces of land, or discovered in at least 3 cubic yards of soil, shall
be reported quarterly on NDEP Form 0390 or equivalent.
d. Petroleum Products and Coolants: If a release is subject to Parts II.B.3.a.
or II.B.3.b., report as specified in Part II.B.3.a. Otherwise, if a release of
any quantity is discovered on or in groundwater, or if the total quantity is
equal to or greater than 100 gallons released to soil or other surfaces of land,
report as specified in Part II.B.3.c. Smaller releases, with total quantity
greater than 25 gallons but less than 100 gallons, released to soil or other
surfaces of land, or if discovered in at least 3 cubic yards of soil, shall be
reported quarterly on NDEP Form 0390 or equivalent.
4. The Permittee shall report to the Administrator any noncompliance with the
Permit.
a. Each such event shall be reported orally by telephone to [phone],
not later than 5:00 P.M. of the next regular work day from the time the
Permittee has knowledge of the circumstances. This report shall include the
following:
i. Name, address, and telephone number of the owner or operator;
ii. Name, address, and telephone number of the facility;
iii. Date, time, and type of incident, condition, or circumstance;
iv. If reportable hazardous substances were released, identify material and
report total gallons and quantity of contaminant;
v. Human and animal mortality or injury;
vi. An assessment of actual or potential hazard to human health and the
environment outside the facility; and
vii. If applicable, the estimated quantity of material that will be disposed
and the disposal location.
b. A written summary shall be provided within 10 days of the time the
Permittee makes the oral report. The written summary shall contain:
i. A description of the incident and its cause;
ii. The periods of the incident (including exact dates and times);
iii. If reportable hazardous substances were released, the steps taken and
planned to complete, as soon as reasonably practicable, an assessment
of the extent and magnitude of the contamination pursuant to NAC
445A.2269;
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 17 of 20
iv. Whether the cause and its consequences have been corrected, and if not,
the anticipated time each is expected to continue; and
v. The steps taken or planned to reduce, eliminate, and prevent recurrence
of the event.
c. The Permittee shall take all available and reasonable actions, including
more frequent and enhanced monitoring to:
i. Determine the effect and extent of each incident;
ii. Minimize any potential impact to the waters of the State arising from
each incident;
iii. Minimize the effect of each incident upon domestic animals and all
wildlife; and
iv. Minimize the endangerment of the public health and safety which arises
from each incident.
d. If required by the Division, the Permittee shall submit, as soon as reasonably
practicable, a final written report summarizing any related actions,
assessments, or evaluations not included in the report required in Part
II.B.4.b., and including any other information necessary to determine and
minimize the potential for degradation of waters of the State and the impact
to human health and the environment. Submittal of the final report does not
relieve the Permittee from any additional actions, assessments, or
evaluations that may be required by the Division.
C. Administrative Requirements
1. A valid Permit must be maintained until permanent closure and post -closure
monitoring are complete. Therefore, unless permanent closure and post -closure
monitoring have been completed and termination of the Permit has been
approved in writing by the Division, the Permittee shall apply for Permit
renewal not later than 120 days before the Permit expires.
2. Except as required by NAC 445A.419 for a Permit transfer, the Permittee shall
submit current Permit contact information described in paragraphs (a) through
(c) of subsection 2 of NAC 445A.394 within 30 days after any change in
previously submitted information.
3. All reports and other information requested by the Administrator shall be signed
and certified as required by NAC 445A.231.
4. All reports required by this Permit, including, but not limited to, monitoring
reports, corrective action reports, and as -built reports, as applicable, and all
applications for Permit modifications and renewals, shall be submitted in both
hard copy and a Division -approved electronic format.
5. The Permittee shall submit any new or updated Universal Transverse Mercator
(UTM) location data for all monitoring points specified in Part I.D, expressed
in meters and decimals of a meter, using the Nevada Coordinate System of 1983
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (Ne%v 2022, Revision 00)
Page 18 of 20
(also known as the North American Datum of 1983 or NAD83, ref NRS
327.005), with each Permit renewal, as -built report, and monitoring plan
update, as applicable. Data shall be submitted electronically to the Division in
Excel format.
6. When ordered consistent with Nevada Statutes, the Permittee shall furnish any
relevant information in order to determine whether cause exists for modifying,
revoking and reissuing, or permanently revoking this Permit, or to determine
compliance with this Permit.
7. The Permittee shall maintain a copy of, and all modifications to, the current
Permit at the permitted facilities at all times.
8. The Permittee is required to retain during operation, closure, and post -closure
monitoring, all records of monitoring activities and analytical results, including
all original strip chart or data logger recordings for continuous monitoring
instrumentation, and all calibration and maintenance records. This period of
retention must be extended during the course of any unresolved litigation.
9. The provisions of this Permit are severable. If any provision of this Permit, or
the application of any provision of this Permit to any circumstance, is held
invalid, the application of such provision to other circumstances, and the
remainder of this Permit, shall not thereby be affected.
10. The Permittee is authorized to manage fluids and solid wastes in accordance
with the conditions of this Permit. Issuance of this Permit does not convey
property rights of any sort or any exclusive privilege; nor does it authorize any
injury to persons or property, any invasion of other private rights, or any
infringement of Federal, State, or local law or regulations. Compliance with
the terms of this Permit does not constitute a defense to any order issued or any
action brought under the Water Pollution Control Statutes for releases or
discharges from facilities or units not regulated by this Permit. NRS 445A.675
provides that any person who violates a Permit condition is subject to
administrative or judicial action provided in NRS 445A.690 through 445A.705.
D. Division Authority
The Permittee shall allow authorized representatives of the Division, at reasonable
times, and upon the presentation of credentials to:
1. Enter the premises of the Permittee where a regulated activity is conducted or
where records are kept per the conditions of this Permit;
2. Have access to and copy any record that must be kept per the conditions of this
Permit;
3. Inspect and photograph any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated by this Permit; and
4. Sample or monitor for any substance or parameter at any location for the
purposes of assuring Permit and regulatory compliance.
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 19of20
E. Sampling and Analysis Requirements
1. Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity.
2. For each measurement or sample taken pursuant to the conditions of this Permit,
the Permittee shall record the following information:
a. The exact place, date, and time of the inspection, observation, measurement,
or sampling, and
b. The person(s) who inspected, observed, measured, or sampled.
3. Samples must be taken, preserved, and labeled according to Division approved
methods.
4. Standard environmental monitoring chain of custody procedures must be
followed.
Samples shall be analyzed by a laboratory certified or approved by the State of
Nevada, as applicable for the method(s) being performed. The Permittee must
identify in all required reports the certified and approved laboratories used to
perform the analyses, laboratory reference numbers, and sample dates, and for
the electronic version of each report only, include all associated laboratory
analytical reports, including test results, test methods, chain -of -custody forms,
and quality assurance/quality control documentation.
6. The accuracy of analytical results, unless otherwise specified, shall be
expressed in mg/L and be reliable to at least two significant digits. The
analytical methods used must have a practical quantitation limit (PQL) equal to
or less than one-half the reference value for Profile I and Surface Water Profile
parameters. Laboratories shall report the lowest reasonable PQL based on in-
house method detection limit studies. Samples for Profile I parameters shall be
filtered and analyzed for the dissolved fraction, unless otherwise required by
the Division; samples for Surface Water Profile parameters shall be analyzed in
accordance with NAC 445A.1236 and other applicable surface water
regulations. Unless otherwise approved by the Division, analytical results that
are less than the PQL shall be reported quantitatively by listing the PQL value
preceded by the "<" symbol.
F. Permit Modification Requirements
Any material modification, as defined at NAC 445A.365, plan to construct a
new process component, or proposed change to Permit requirements must be
reported to the Division by submittal of an application for a Permit
modification, or if such changes are in conformance with the existing Permit,
by submittal of a written notice of the changes. The Permit modification
application must comply with NAC 445A.391 through 445A.399, 445A.410,
445A.414, 445A.4155, 445A.416, 445A.417, 445A.440, and 445A.442, as
applicable. The construction or modification shall not commence, nor shall a
change to the Permit be effective, until written Division approval is obtained.
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Lithium Nevada Corp.
Thacker Pass Project
Permit N° NEV2020104 (New 2022, Revision 00)
Page 20 of 20
2. Prior to the commencement of mining activities at any site within the State
which is owned or operated by the Permittee but not identified and
characterized in a previously submitted application or report, the Permittee shall
submit to the Division a report which identifies the locations of the proposed
mine areas and waste disposal sites, and characterizes the potential of mined
materials and areas to release pollutants. Prior to development of these areas
the Division shall determine if any of these new sources will be classified as
process components and require engineered containment as well as Permit
modification.
3. The Permittee shall notify the Division in writing at least 30 days before the
introduction of process solution into a new process component or into an
existing process component that has been materially modified, or of the intent
to commence active operation of that process component. Before introducing
process solution or commencing active operation, the Permittee shall obtain
written authorization from the Division.
4. The Permittee must obtain a written determination from the Administrator of
any planned process component construction or material modification, or any
proposed change to Permit requirements, as to whether it is considered a Permit
modification, and if so, what type.
5. The Permittee must give advance notice to the Administrator of any planned
changes or activities which are not material modifications in the permitted
facility that may result in noncompliance with Permit requirements.
Prepared by: Michelle Griffin
Date: 23 February 2022
Revision 00: 2022 New Permit
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