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NCG021049_Scanned Supplemental Docs_20241101
Piedmont Lithium Carolinas, Inc. NCG02 Notice of Intent Application a Appendix A— Mine Permit a a 3 m '3 PIEDPAONT LITHIUM Appendix A — Mine Permit Piedmont Lithium Carolinas, Inc. 1 NCG02 Notice of Intent Application Appendix A—Mine Permit This page intentionally left blank. P'� 9 ROY COOPER S Governor ELIZABET-I S.BISER Secretary •��'""�• WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA Interim Director Environmental Quality May 7,2024 Ms.J. Monique Parker Senior Vice President, Safety, Environmental & Health Piedmont Lithium Carolinas,Inc. 42 E Catawba Street Belmont,NC 28012 RE: Carolina Lithium Project Mining Permit No.36-35 Gaston County Catawba River Basin Dear Ms. Parker: The application for a mining permit for the above referenced mine site has been found to meet the requirements of N.C.G.S.74-51 of The Mining Act of 1971. As we have received the required security to cover this application, 1 am enclosing the mining permit. The conditions of Mining Permit No.36-35 were based primarily upon information supplied in the application with conditions added as necessary to ensure compliance with The Mining Act of 1971. N.C.G.S. §74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder,your permitted acreage at this site is 1,548 acres and the amount of land you are approved to disturb is 964 acres,as indicated in the application and on the Mine maps sealed March 13,2024. Please review the permit and contact Adam Parr, State Mining Engineer, at (919) 707-9220 of any objection or questions concerning the terms of the permit. L/rly.l eiy Vinson,Jr., Interim Director Division of Energy,Mineral,and Land Resources Enclosures: Mine Permit#36-35 cc: Mr. Jerry Eplin, PE Mr. Beau Thomas-DOL, Mine and Quarry Bureau,w/o enclosures North Carolina Department of Environmental Quality I Di"sion of Energy.Koval and Land Rtsources �f 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 216g9-1612 g19.7079200 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of N.C.G.S. §74-46 through 68,"The Mining Act of 1971,"Mining Permit Rule 15A NCAC 0513,and other applicable laws,rules,and regulations Permission is hereby granted to: Piedmont Lithium Carolinas, Inc. Carolina Lithium Project Gaston County-Permit No.36-35 for the operation of a Lithium Mine Which shall provide that the usefulness,productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality,hereinafter referred to as the Department,and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However,completed performance of the approved Reclamation Plan is a separable obligation,secured by the bond or other security on file with the Department,and may survive the revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation,by virtue of a sale, lease, assignment or otherwise,the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit or is failing to achieve the purposes and requirements of the Mining Act,the Department may give the operator written notice of its intent to modify, revoke or suspend the permit,or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation, or suspension by the Department. Alternatively,and in addition to the above,the Department may institute other enforcement procedures authorized by law. I. Defmitions. N.C.G.S. V4-49. Wherever used or referred to in this permit,unless the context clearly indicates otherwise,terms shall have the same meaning as supplied by the Mining Act,N.C.G.S. §74-49. 11. Issuance and Modifications. N.C.G.S. §74-52. May 7,2024: This permit has been issued to Piedmont Lithium Carolinas,Inc.for the operation of a lithium mine. Mining activities shall occur as indicated in the application, on the Mine maps sealed March 13, 2024, and the supplemental information received August 31, 2021,December 16, 2021,_June 21, 2022, February 24, 2023, May 1,2023, September 8, 2023,November 30, 2023, January 18,2024, and March 15,2024. The permitted area at this site is 1,548 acres and the area approved to disturb is 964 acres. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017- 209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still apply for new,transferred,and modified mining permits. M. Operating Conditions. N.C.G.S. 474-51. This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. §74-46, et. seq., and to the following conditions and limitations: 1. Compliance with State.Local,and Federal Regulatory Authorities. A. The issuance of this permit shall not obviate the need for the Permittee to obtain and maintain all other applicable Local,State,or Federal permits,licenses,or approvals. Page 3 B. No mining activities shall occur until all necessary permits,zoning,or approvals have been received for which they are required. 2. Wastewater and Mine Dewatering. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C.Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program and any other required permitting agencies to secure any necessary stormwater permits or other approval documents. 3. Air Ouality and Dust Control. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to mitigate dust leaving the permitted area. C. The permanent access(plant entrances) roads shall be paved from its junction with state- maintained roads and permanently stabilized,as indicated on the mine maps sealed March 13,2024. D. Temporary construction entrance or gated limited use entrances will be built and maintained in accordance with the mine maps sealed March 13, 2024, or in compliance with item 111.3.C. 4. Buffer Zones. A. Any mining activity affecting waters of the State,waters of the U.S.,or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N.C. Environmental Management Commission. B. Sufficient buffer, as indicated on the Mine Maps sealed March 13, 2024, shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Mine Maps sealed March 13, 2024,shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures,entrances, and approved earthen berms,shall remain undisturbed. 5. Erosion and Sediment Control. A. The operator shall notify the Mooresville Regional Office, Division of Energy, Mineral, and Land Resources,at least 48 hours prior to beginning any of the initial land disturbing activities indicated in the approved application fora mining permit and any modifications to this permit thereafter. ----- - -- --- - - - - -- ---- B. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland, or natural watercourse in proximity to the affected land. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures,shall be conducted as indicated on the Mine Maps sealed March 13,2024. D. An erosion and sediment control plan(s)shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include,but are not limited to,expansion outside ofthe approved pit area,creek crossings,or expansion of overburden or waste disposal areas. 6. Groundwater Protection. A. Groundwater monitoring wells shall be installed and monitored as indicated in the Monitoring Well Construction Plan,Water Supply Well Mitigation Plan,and Waste Rock Pile Monitoring and Treatment Plan received January 18, 2024, and updated March 12, 2024,and the In-Pit Groundwater Monitoring Well Plan Received March 15,2024. B. The observation wells denoted in the Monitoring Well Construction Plan received January 18, 2024, shall be monitored I year prior to initiating any excavations of consolidated material (rock)in the initial pit area to allow for the determination of pre-existing(static) groundwater levels. C. The observation wells shall be drilled wells cased into consolidated rock and grouted to the surface. The wells(boreholes)shall be extended at least 50 feet below static water level, or at least 50 feet into unweathered rock, whichever is deeper-when there are multiple wells within 20 feet of each other only one well shall need to meet this requirement. The wells shall be secured against unauthorized entry with a lockable cap. The necessary permits or approvals to construct these wells shall be obtained from the N.C. Division of Water Quality. D. The observation wells shall be monitored, at a minimum, quarterly at approximately the same day. The static water levels shall be measured with an accuracy of plus or minus 0.1 foot and shall be referenced to a datum point and a record of the water levels maintained. The quarterly precipitation and the volume of pit water discharge shall also be recorded. Copies of these records shall be maintained at the site and shall be provided to the Department upon request. Static water level monitoring frequency may be increased or decreased as deemed appropriate by the Department. E. If the permanent observation well fails to function for monitoring purposes,deeper or new observation wells shall be installed. F. The operator shall immediately cease dewatering activities and rectify any adverse impacts to neighboring wells caused by the dewatering activities at the site as per the Water Supply Well Mitigation Plan received January 18,2024. Dewatering activities may resume once any adverse impacts to neighboring wells have been rectified. G. The operator shall notify the Department of any adverse impacts to groundwater supplies observed within 48 hours of discovery. Page 5 H. The operator shall rectify any adverse impacts to groundwater caused by the Above Ground Waste Rock Storage or In-Pit Waste Rock storage as indicated in the Waste Rock Pile Monitoring and Treatment Plan received January 18,2024,and updated March 12, 2024, and the In-Pit Groundwater Monitoring Well Plan Received March 15,2024. I. The operator shall submit an analytical report on a yearly basis of the ground water levels and quality changes or affects that occur within the observation wells and provide adjustments to the Water Supply Well Mitigation Plan, and Waste Rock Pile Monitoring and Treatment Plan received January 18, 2024, and updated March 12, 2024, and the In- Pit Groundwater Monitoring Well Plan Received March 15, 2024, to ensure that neighboring wells are not affected by the operation. The report shall reference water quality and ground water levels as per condition III.6.A.. The report shall be submitted with the Annual Reclamation Report. 7. Protection of Surface Waters and Wetlands in Non-directly Impacted Areas A. Surface Water Monitoring for the Above ground Waste Rock pile shall occur as indicated in the Waste Rock Pile Monitoring and Treatment Plan received January 18, 2024, and updated March 12,2024. B. The operator shall rectify any adverse impacts to surface waters caused by the Above Ground Waste Rock Storage as indicated in the Waste Rock Pile Monitoring and Treatment Plan received January 18,2024,and updated March 12,2024. 8. Permanently Marked Boundaries. A. All mining permit boundaries(1548 acres)shall be permanently marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. B. Before and during site development, limits of disturbance, for any active disturbed areas, as indicated on the Mine Maps sealed March 13,2024,shall be marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. 9. Graded Slopes and Fills. A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event,exposed slopes or any excavated channels,the erosion of which may cause off-site damage because of siltation, shall be planted, or otherwise provided with groundcover,devices,or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore,a minimum ten(10)foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after May 7,2024. C. Waste rock piles shall not be constructed with steep,near vertical side slopes. Side slopes shall be constructed in such a manner as to provide for a stable, safe configuration at reclamation. D. The Above-Ground Waste rock Pile shall be constructed as indicated on the Mine Maps sealed March 13,2023,and in the Waste Rock Pile Liner System Basis of Design received January 18,2024,and updated March 12,2024. E. The In Pit Waste Rock Pit Backfills of the South and East Pit shall be constructed as indicated on the Mine Maps sealed March 13, 2024, and in the Waste Rock Pit Backfill Plan South and East Pits,received May 1,2023. - Page 6 F. The materials used in the In Pit Waste Rock Backfill Plan shall be limited to materials that are generated during the development of permitted mining operations, such as topsoil, overburden, unsaleable rock, excavated sediment, and fines created by crushing and processing,etc. i. The material used in the In Pit Waste Rock Backfill placement may only be generated at this permitted site. ii. No materials created by other producers such as recycled asphalt products,crushed concrete,byproducts from the creation of concrete or materials from another public or private construction project shall be allowed in the excavation fill placement. iii. No tree debris or other LC1D materials shall be allowed in the In Pit Waste Rock Backfill. 10. Surface Drainage. The affected land shall be graded so as to prevent collection of pools of water that are,or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or,installed when required to prevent such conditions. 11. Blasting. The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast(except as provided under Operating Condition Nos. III.I LB and 111.1 I.D of this permit).The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. In all blasting operations,the maximum peak particle velocity of any component of ground motion shall not exceed Figure I1-I(below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house,church,school, or public,commercial,or institutional building. Page 7 b�Lwa Il-I-:Illoenhle Peak Particle I elocim by Frequenn' 1 a.0 cr m w Y u O 2.0 2 +nisec 2.0 1,5 � 1.5 t 1.0 0.75 misec 9.9 0.7 0.7 ° 0.s 0.6 0.s os 0.a Q 0.4 E 0.3 0 3 b 0.2 x ii 0� to , a.1 _ 1 4 10 20 30 too Blast Vibration Frequency, Hz Fgure 1 Alternative blasting levei =cntena (Source modified from ,figure B-,. Bureau of Mines R-a.t?,,— B. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W=(D/D,)' (EQ.8.1) D,= D/W 1/2 (EQ, 8.2) V= 160(13)y F (EQ. 8.3) W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more(pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator. (feet). D, = Scaled distance factor. V = Peak Particle Velocity(inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Piedmont Lithium Carolinas, Inc. I NC(O2 Notice of Intent Application Page 8 Appendix B— Figures C. Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL)as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public,commercial, or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Measuring System(Hz) Max Level(dBL) PIEDMONT 0.1 Hz or lower-flat response 134 peak LITHIUM 2.0 Hz or lower-flat response 133 peak 6.0 Hz or lower-flat response 129 peak D. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U= 82 (D/W0.33)-1.2 (EQ 8.4) To convert U(psi)to P(dBL): P=20 x log(U/2.9x10-') (EQ 8.5) Confined Air blast/Overpressure(dBL)for quarry situation: A= P- 35 (EQ 8.6) Appendix B — Figures , U = Unconfined air overpressure(pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more(pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator(feet). P = Unconfined air overpressure(decibels). A = Air blast or air overpressure for typical quarry situations(decibels). The air blast/overpressure shall not exceed 129 decibels,for the purposes of this Section. E. The operator shall maintain records on each individual blast describing: i. date and time of the blast. ii. the total number of holes. ' iii. pattern of holes and delay of intervals. iv. depth and size of holes. V. type and total pounds of explosives. vi. maximum pounds per delay interval. vii. amount of stemming and burden for each hole. vill. blast location. ix. distance from blast to closest offsite regularly occupied structure. NOTICE REGARDING THE RIGHT TO CONTEST A MINING PERMIT DECISION Right of Persons Aggrieved to File a Contested Case for the Issuance of,or Modification to,a Mining Permit: Pursuant to NCGS 74-61 and NCGS 150B,Article 3,a party or person aggrieved may file a contested case by filing a petition under NCGS 150B-23 in the Office of Administrative Hearings within 30 days after the Division makes the decision and posts the decision on a publicly available website. General Filing Instructions: A petition for contested case hearing must be in the form of a written petition, conforming to NCGS 150E-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church Road, Raleigh NC, 27609.along with a fee in an amount provided in NCGS I5013-23.2. A petition for contested case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at https://www.oah.nc.gov/hearings-division/filingthearing-forms. Additional specific instructions for filing a petition are set forth at 26 NCAC Chapter 03. Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means authorized under 26 NCAC 03 .0102,on the process agent for the Department of Environmental Quality: William F. Lane,General Counsel North Carolina Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 I f the party filing the petition is a person aggrieved other than the permittee or permit applicant,the party must also serve the permittee in accordance with NCGS 15011-23(a). n s m Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information , is available at httos://www.oah ne.gov/hearings-division/hearina-process/filing-contested-case. Please contact the a Office of Administrative Hearings at(984) 236-1850 or oah.00stmaster(a),oah.nc.gov with all questions regarding the filing fee and/or the details of the filing process. • � j yY, 4s Iffe +n •' x.l CA t • f G l H n at" DP f SB-202 etYC Dq }, SR 10 1 ' 301 IEGEND 5 4 -1. Lithium Hydroxide Conversion Plant �(t Drainage Areas as Basins e' nn- J a o Proposed Outfalls / SK-25 DA 8 z• Culverts SB-i7 ne Jurisdictional Waters of the ... .... -''-' eu. , 1. U.S. ...... - • Delineated Streams - Delineated Wellands a�� A _ I CAROLINA LITHIUM PROJECT-LITHIUM CONVERSION PLANT PIEDMONT SURFACE WATERS,DRAINAGE AREAS,BASINS,AND OUTFALLS MGUREI rme.n.n..m nurwnrwr.x wmnrn".a�.n........e.enw.rat.m+...�.rw®mv..wwm..m..wwu ar.uonue..nsiw. xeav+PwuuMx This page intentionally left blank. Piedmont Lithium Carolinas, Inc. 1 NCG02 Notice of Intent Application Appendix C—Annual Report to Secretary of State f` PIEDMONT LITHIUM y� N p N � d n Appendix C — Annual Report 50 EL p to Secretary of State p A. Piedmont Lithium Carolinas, Inc. 1 NCG02 Notice of Intent Application Appendix C—Annual Report to Secretary of State PIEDMONT LITHIUM Appendix C — Annual Report to Secretary of State Piedmont Lithium Carolinas, Inc. I NGG02 Notice of Intent Application Appendix C—Annual Report to Secretary of State This page intentionally left blank. 0�'r `�' ,� BUSINESS CORPORATION ANNUAL REPORT ME OF BUSINESS CORPORATION: Piedmont Lithium Carolinas,Inc. 1531128 Fling Office Use Only SECRETARY OF STATE ID NUMBER: STATE OF FORMATION: NC E-Filed Annual Report 1531128 REPORT FOR THE FISCAL YEAR END: 12/31/2023 CA202408806584 3/28/2024 02:17 SECTION A: REGISTERED AGENT'S INFORMATION © Changes 1.NAME OF REGISTERED AGENT: CT Corporation System 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3.REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS 160 Mine Lake Ct Ste 200 160 Mine Lake Ct Ste 200 Raleigh, NC 27615 Wake County Raleigh, NC 27615 SECTION B:PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Mining 2.PRINCIPAL OFFICE PHONE NUMBER: (877) 888-1245 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction 4.PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS 42 East Catawba Street 42 East Catawba Street. Belmont,NC 28012 Belmont,NC 28012 6.Select one of the following If applicable.(Optional see Instructions) ❑ The company Is a veteran-owned small business ❑ The company is a service-disabled veteran-owned small business SECTION C:OFFICERS(Enter additional officers In Section E.) NAME: Keith Phillips NAME: Michael White NAME: Bruce Czachor TITLE: President TITLE: Chief Financial Officer TITLE: Secretary ADDRESS: ADDRESS: ADDRESS: 42 East Catawba Street 42 East Catawba Street 42 East Catawba Street Belmont,NC 28012 Belmont;NC 28012 Belmont, NC 28012 SECTION D:CERTIFICATION OF ANNUAL REPORT, Section D must be completed in.its entirety by a personthusiness anTvuce Czachor 3/28/2024 SIGNATURE DATE Form must be signed by an officer listed under Section C of this form. Bruce Czachor Secretary Print or Type Name of Officer Print or Type Title of Officer MAR TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525 SECTION E:ADDITIONAL OFFICERS NAME: Keith Phillips NAME: Bruce Czachor NAME: Patrick Brindle TITLE: Chairman Of The Board TITLE: Chairman Of The Board TITLE: Vice President ADDRESS: ADDRESS: ADDRESS: 42 East Catawba Street 42 East Catawba Street 42 East Catawba Street Belmont, NC 28012 Belmont, NC 28012 Belmont, NC 28012 NAME: NAME: NAME: - TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: Name: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: Piedmont Lithium Carolinas, Inc. 1 NCG02 Notice of Intent Application Appendix D—Water Flow and Balance Line Drawing PIEDMONT LITHIUM Appendix D — Water Flow and Balance Line Drawing a v Q]p d � n x n ❑ m ❑ m F ' � F ce n Piedmont Lithium Carolinas, Inc. 1 NCG02 Notice of Intent Application Appendix D—Water Flow and Balance Line Drawing PIEDMONT LITHIUM Appendix D — Water Flow and Balance Line Drawing Piedmont Lithium Carolinas, Inc. 1 NCG02 Notice of Intent Application Appendix D—Water Flow and Balance Line Drawing This page intentionally left blank. +nun Coo T r w �wr ay o.mr o.y qe'.. Pl n Ca gym'°" noAAr ,wt♦ On,yy M1�IMYr IOTW oust wyr � tr0.MLg0 x�iyw.. iw rrrsewerw q.omw ren�ur N w�reaamr c uevr.rrwrmwrmr e,•unr eA•w q.em,m eq.umum a'emr eaemvo vMm sn..m slu ra .a q•rr a•• a.e..r a•.�+r a.emr PIEDMONT LITHIUM C OLINAS,TINC. CAR LITHIUMPR NPDES WATER FLOW DIAGRAM PIEDMONT LITHIUM CONCENTRATE OPERATIONS _ a- —r GASTON COUNTY,NORTH CAROLIRA uirv':lna m, This page intentionally left blank. Piedmont Lithium Carolinas, Inc. 1 NCG02 Notice of Intent Application Appendix E —Jurisdictional Delineation Verification PIEDMONT LITHIUM Appendix E — Jurisdictional Delineation Verification oe n a iu � o n C `c N G O j Piedmont Lithium Carolinas, Inc. 1 NCG02 Notice of Intent Application Appendix E—Jurisdictional Delineation Verification PIEDMONT LITHIUM Appendix E — Jurisdictional Delineation Verification Piedmont Lithium Carolinas, Inc. 1 NCG02 Notice of Intent Application Appendix E—Jurisdictional Delineation Verification This page intentionally left blank. From: Stygar.KRYStYNKA 8 CIV USARMY CESAW(USA) To: Thames,Kellv Subject: RE:SAW-2018-01129(Piedmont Lithium Project) Date: Friday,March 18,2022 12:54:48 PM Attachments: Sew- 018-011 7 P1D .odf Kelly, Please see attached PID Confirmation for the additional acreage for Piedmont Lithium. No hardeopies will be mailed. Regards Krysta -----Original Message----- From:Thames,Kelly<Ke11y.Thames@hdrinc.com> Sent:Thursday,March 17,2022 11:51 AM To:Stygar,KRYSTYNKA B CIV USARMY CESAW(USA) <Krystynka.B.Stygar@usace.army.mil> Subject: [Non-DoD Source]RE:SAW-2018-01129(Piedmont Lithium Project) Hi Krysta, I wanted to check in on the below and the status of your review of the JD? Thanks, Kelly Kelly Thames,PWS,TN-QHP Sr.Environmental Project Manager,Associate D 704.338.6710 M 704.996.9986 hdrine.com/follow-us -----Original Message----- From:Thames,Kelly Sent:Wednesday,March 2,2022 10:16 AM To: Stygar,KRYSTYNKA B CIV USARMY CESAW(USA) <Krystynka.B.Stygar@usace.army.mil> Subject:RE:SAW-2018-01129(Piedmont Lithium Project) Krysta, We already have a JD on the project,but have expanded the JD investigation area. This recent JD submittal is to obtain a PJD verification to include the new/additional area.The project has expanded but is currently avoiding any additional JD impacts. Thanks, Kelly Thames,PWS,TN-QHP Sr.Environmental Project Manager,Associate D 704.338.6710 M 704.996.9986 hdrinc.com/follow-us -----Original Message----- From: Stygar,KRYSTYNKA B CIV USARMY CESAW(USA) <Krystynka.B.Stygar@usace.army.mil> Sent:Tuesday,March 1,2022 7:55 AM To:Thames,Kelly<Kelly.Thames@bdrinc.com> Subject:RE:SAW-2018-01129(Piedmont Lithium Project) Kelly, Good morning,sorry for the slow response,we are swamped.And down to one regulator in the Charlotte office. I am slightly confused about this project.I am tracking an IP on this project,is there a particular reason why an additional JD is needed? Krysta -----Original Message----- From:Thames,Kelly<Kelly.Thames@hdrinc.com> Sent:Monday,February 21,2022 2:56 PM To:Stygar,KRYSTYNKA B CIV USARMY CESAW(USA) <Krystynka.B.Stygar@usace.army.mil> Cc:Mularski,Eric<eric.mularski@hdrinc.com> Subject: [Non-DoD Source]RE:SAW-2018-01129(Piedmont Lithium Project) Hi Krysta, I hope you are well. I wanted to check in on this JD request for verification. Is this something you would like to schedule a site visit for? Please let _ me know if you would like to do so.I would need to inform the client prior to property entry and HDR would like to attend. - Thanks! Kelly Kelly Thames,PWS,TN-QHP Sr.Environmental Project Manager,Associate D 704.33 8.67 10 M 704.996.9986 hdrinc.com/follow-us -----Original Message----- From:CharlotteNCREG<CharlotteNCREG@usace.army.mil> Sent:Friday,December 10,2021 9:48 AM To:Thames,Kelly<Kelly.Thames@hdrinc.com>;Mularski,Eric <eric.mularski@hdrinc.com> Cc:Stygar,KRYSTYNKA B CIV USARMY CESAW(USA) <Kryst) ka.B.Stygar@usace.army.mil> Subject: SAW-2018-01129(Piedmont Lithium Project) CAUTION: [EXTERNAL]This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Kelly, On December 10,2021 we received your request for jurisdictional determination and associated data file for file number SAW-2018-01129 and forwarded it to Krysta Stygar for further processing - Thanks. Kindly, Lindsay A.Young,MBA,B.S USACE-Wilmington District Charlotte&Asheville Regulatory Office Phone:980.729.3297 in (M-F 0700- 1530)teleworking Lindsay.a.young@usace.avny.mil The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the Customer Satisfaction Survey located at our website at Blockedhttps://naml2.safelinks.protection.outlook.com/?url=https%3A%2F%2Freg ulatory.ops.usace.army.mil%2Fcustomer-service-survey%2F&data=04%7C01%7CK elly.Thames%40hdrinc.com%7Ccc544a2ea858449d11a208d9bbecl5bb%7C3667e201cbdc48 b39b425d2d3fl6e2a9%7C0%7C0%7C637747444921503694%7CUnlmown%7CT WFpbGZsb3 d8eyJ W IjoiMC4wLjAwMDAiLCJQIj oiV2luMzliLCJBTiI6IklhaWwiLCJXV CI6Mn0%3D%7C3000&sd ata=aw3EZ9OU4vgnl%2FeUSygslgtmKcn9kwllchr%2F7NJaENI%3D&reserved=0 to complete the survey online. -----Original Message----- From:Thames,Kelly<Kelly.Thames@hdrinc.com> Sent:Thursday,December 9,20214:49 PM To:CharlotteNCREG<CharlotteNCREG@usace.army.mil>;Mularski,Eric <cric.mularski@bdrinc.com> Cc:Stygar,KRYSTYNKA B CIV USARMY CESAW(USA) <Krystynka.B.Stygar@usace.army.mil> Subject: [Non-DOD Source]RE:CFO Submittal Procedures: SAW-2018-01129 Good Afternoon, I dropped off the files again to Lindsay and Krysta. See attachment.This time I change Krysta's email without".civ".Please note that the email that automatically showed up for Lindsay included".civ". I hope this one comes through? Thanks! Kelly Kelly Thames,PWS,TN-QHP Sr.Environmental Project Manager,Associate D 704.338.6710 M 704.996.9986 hdrinc.com/follow-us -----Original Message----- From:CharlotteNCREG<CharlotteNCREG@usace.army.mil> Sent:Thursday,December 9,2021 11:38 AM To:Thames,Kelly<Kelly.Thames@hdrinc.com>;Mularski,Eric <eric.mularski@hdrinc.com> Cc:Stygar,KRYSTYNKA B CIV USARMY CESAW(USA) <Krystynka.B.Stygar@usac e.aany.mil> Subject:RE:CFO Submittal Procedures:SAW-2018-01129 Importance:High CAUTION: [EXTERNAL]This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. U.S.ARMY CORPS OF ENGINEERS _ - -WIL NffNGTON DISTRICT— -- - Action Id.SAW-2018-01127County:GastonU.S.G.S.Quad:NC-Lincolnton West NOTIFICATION OF JURISDICTIONAL DETERMINATION Requester: Piedmont Lithium Carolinas Inc Patrick Brindle Address: 32 N Main Street Suite 100 BelmontNC28012 Telephone Number: 412-818-0376 E-mail ibbrindle Iiedmontlithium.com79 Size(acres) 1900 Nearest Town Crouse Nearest Waterway BeaverdamCreek RiverBasin Santee USGS HUC 03050102 Coordinates Latitude:35.38962g Longitude:-81.298188 Location description The review area is located 0.5 miles south of the intersection of Hephzibah Church Road and Whitesides Roadin Gaston Countv.North Carolina.PIN(s): Indicate Which of the Following Apply: A. Preliminary Determination ® There appearto be waters onthe above described projectarea/property,thatmaybe suljectto Section 404 ofthe Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 ofthe Rivers and Harbors Act(RHA)(33 USC§403).The waters have been delineated,and the delineation has beenveri£iedby the Corps to be sufficiently accurate andreliable.The approximate boundaries of these waters are shownon theenclosed delineation map dated 4/1/2019.Therefore this preliminaryjurisdiction determination may be used in the permit evaluation process,including detemwring compensatory mitigation Forpurposes of computation of impacts,compensatorymitigationrequirements,and otherresorsce protection measures,a permit decision made onthe basis of a preliminaryJD will treat allwaters andwetlands thatwould be affected in anywayby the permitted activity onthe site as if they are jurisdictionalwaters of the U.S.This preliminary determination is not an appealable action underthe RegulatoryPmgram Administrative AppealProcess(Reference 33 CFR Part 331).However,youmayrequestan approved JD,which is an appealable action,by contactingthe Corps district forfurtherinstmction. ❑ Thereappeartobewatersontheabovedescriibedpmjectarea/property,thatmaybesubjecttoSection404oftheCleanWater Act(CWA)(33 USC§ 1344)and/or Section 10 ofthe Rivers and Harbors Act(RHA)(33 USC§403).However,since the waters have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetlanddelineation,this preliminary determination is merely an effectivepresumptionof CWA/RHA jurisdiction overall of the waters at the project area,which is not sufficiently accurate andreliable to support an enforceable permit decision.We recommendthatyouhave the waters onyourprojectarea/preperty delineated.As the Corps may not be able to accomplish this wetland delineationin a timely manner,you maywish to obtain a consultantto conduct a delineationthatcan be verified by the Corps. B. Approved Determination ❑ There areNavigable Waters oftheUnitedStateswithmtheabovedescnbedproject area/property subjeottothepemut requirements of Section 10 of the Rivers andHarbors Act(RHA)(33 USC§403)andSection 404 ofthe Clean WaterAct (CWA)(33 USC§ 1344). Unless there is a change in law or ourpublished regulations,this determinationmay be relied upon for a period not to exceed five years from thedate of this notification. ❑ There are waterson the above describedproject area/property subjectto thepermit requirements of Section 404 ofthe Clean WaterAct(CWA)(33 USC§ 1344). Unless there is a change in the law or ourpublishedregulations,this determinationmaybe relied upon for a periodnotto exceedfiveyears fremthe date ofthis notification. ❑We recommend you havethe waters on yourproject area/property delineated. As the Corps maynotbe able to accomplish this wetland delineation in a timely manner,you maywish to obtain a consultant to conduct a delmeationthatcan be verified by the Corps. The waters on yourpmject area/property havebeen delineated and the delineation has beenverifiedby theCorps.The approximate boundaries of these waters are shown onthe enclosed delineationmap datedDATE.We strongly suggest you have this delineation surveyed. Uponcompletion,this survey should be reviewed and verified bythe Corps. Once verified,this survey SAW-2018-01127 will provide an accurate depiction of all areas subject to CWAjurisdictionon yourpmpertywhich,providedthereisno change in the law or ourpublished regulations,maybe relied upon fora periodnotto exceed fiveyears. ❑The waters have been delineated and surveyed and are accurately depictedon theplat signed bythe Corps Regulatory Official identified below onDATE.Unless there is a change in the law or ourpublished regulations,this detemminationmay be relied upon for a period not to exceedfive years from the date of this notification. ❑ There are no waters of the U.S.,to include wetlands,presenton the above describedprojectarea/property which are subjectto the permit requirements of Section404 of the Clean WaterAct(33 USC 1344). Unless there is a change in the law or ourpublished regulations,this determination maybe relied upon for a periodnotto exceedfive years from the date ofthis notification. ❑ The property is located in one ofthe20 Coastal Counties subject to regalationunderthe Coastal Area Management Act(CAMAS You should contactthe Division ofCoastalManagementin Morehead City,NC,at(252)808-2808 to determinetheir requirements. Placement of dredged orfillmaterialwithin waters of theUS,includingwetlands,without aDepartment oftheAmmy permitmay constitute a violation of Section 301 of the Clean WaterAct(33 USC§1311). Placementof dredgedorfill material,construction or pla cementof structures,orwork within navigable waters ofthe United States without a Department of the Amrypemmit may constitute a violationof Sections 9 and/or 10 of the Rivers andHarbors Act(33 USC§401 and/or403).If you have any questions regarding this determination and/ortheCorps regulatory program,please contact KrvstvnkaB Stvear at252 545-0507 or krystvnka.b.stygar(a�,usace.army.mff. C. Basis For Determination:Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers,the project area exhibits criteria for waters of the U.S.as defined in 33 CFR 328,the 1987 Wetland Delineation Manual,and/or the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountain v2.0: See the preliminary jurisdictional determination form dated 03/18/2022. D. Remarks:See approximatejurisdictional boundaries on maps, `PiedmontLithium-0410112019" E. Attention USDA Program Participants This defineation/dctemminationhas been conductedto identify the limits of Corps'Clean WaterAct jurisdiction forthe particularsite identified in this request The delineation/detemvnationmaynotbe valid forthewetlandconservationpmvisionsoftheFoodSecurky Act of 1985. If youoryourtenant are USDAProgramparticipants,or anticipateparticipationin USDAprograms,you should request a certified wetland determination fromthe local office of the NaturalResoumes Conservation Service,priorto startingwork. F. Appeals Information(rhis information applies only to approvedjurisdictional determinations as indicated in B. above) If you object to this determination,you mayrequest an administrative appealunder Corps regulations at3 3 CFR Part 331. Enclosed you will find a NotificationofAppealPmcess(NAP)factsheetandRequest forAppeal(RFA)form. Ifyourequest to appeal this determination youmust submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr.Philip A. Shannin Administrative AppealReview Officer 60 Forsyth Street SW,FloorM9 Atlanta,Georgia 3 0303-8803 AND PHILIP.A.SHANNINna USACE.ARMY.MIL In orderforan RFAto be accepted bythe Corps,the Corps must determine that it is complete,thatit meets the criteria forappeal under 3 3 CFR part 3 31.5,andthat it has been receivedby the Division Officewithin 60 days ofthe date ofthe NAP. Shouldyou decide to submit an RFA form,it must be received at the above address byNot applicable. **Itisnotnecessarytosu bruit agRFAfor mtot e Division Office if youdo not object to the determination minationinthiscorrespondence.** Corps Regulatory Official: fn(1Y/'/n�(MCT Date of JD:03/18/2022 ExpirationDateofJD:Not applicable SAW-2018-01127 The Wilmington.District is committed to providing the highest level of support to the public.To help us ensure we continue to do so,please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4. Copy furnished: Agent: 13DR inc Kelly Thames Address: 440 S.Church StreetSuite 1000 Charlotte,NC28202 Telephone Number: 704-338-6710 E-mail: Kelly.thamesQbdrinecom NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant:Piedmont Lithium Carolinas Inc.Patrick File Number:SAW-2 01 8-0 1127 Date:03/18(2022 Brindle Attached is: See Section below ❑ INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT(Standard Permit or Letter of permission) B ❑ PERMITDENIAL C APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies yourrights and options regarding an administrative appealof the above decision. Additional information maybe found at orhttn://www.usace.annv.miVMissions/CivilWorks/RepulatoryProppunandPcnn its.asox orthe Corps re lationsat33CFRPart331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP), you may accept the LOP and yourwork is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approvedjurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard orLOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you win forfeit yourright to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your obj ections and may:(a)modify the permit to a ddress a 0 of yourconcems,(b)modify the permit to address some of your objections,or(c)not modify the permit havingdeterm ined that the permit should be issued as previously written. After evaluatingyourobjections,the district engineer will send you a proffered permit for yourreconsideration,as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP), you may accept the LOP and yourwork is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard orLOP)because of certain terms and conditions therein, you may appeal the declined permit underthe Corps of Engineers Administrative Appea I Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60days of the date of this notice. C: PERMITDENIAL: You may appeal the denia I of a permit underthe Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice,means that you accept the approved JD in its entirety,and waive a il rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11of this form and sending the form to the district engineer. Thisform must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed), by contactingthe Corps district for further instruction. Also you may provide new information forfurther consideration by the Corps to reevaluate the JD. SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT R EASONS FOR APPEAL OR OB JECTI ONS: (Describe your rea sons for appea ling the decision or your obj ection s to a n initia I proffered perm it in clear concise sta tements. You m ay attach a dditional inform ation to this form to cla rify where your rea sons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appea I conference ormeeting,and any supplemental information that the review officerhas determined is needed to clarify the administrative record. Neither the appellant northe Corps may add new information or analyses to the record. However,you may provide additional information to clarify the location of information that is already in the a dm inistrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regardingthis decision and/orthe If you only have questions regardingthe appealprocess you may appea l process you may contact: also contact: DistrietEngineer,Wil®ngton Regulatory Division MR.PHILIPA.SHANNIN Attn: Krystynka B Stygar ADMINISTRATIVE APPEAL REVIEW OFFICER Charlotte Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST,FLOORM9 8430 University Executive Park Drive,Suite 615 ATLANTA,GEORGIA 30303-8803 Charlotte,North Carolina28262 PHONE:(404)562-5136;FAX(404)562-5138 EMAIL:PHILIP.A.SHANNIN(a).USACE.ARMY.MIL RIGHTOF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation,andwillhavetheo ortuni to participate in all site investi tions. Date: Telephone number: Signature of appellant oragent. For appeals on Initial Proffered Permits send this form to: DistrictEngineer,Wilmington Regulatory Division,Attn:Krystynka B Stygar,8430 University Executive Paris Drive,Suite 615,Charlotte,North Carolina,28262 For Permit denials,Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Philip Shannin,Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 1 OM15,Atlanta,Georgia 30303-8801 Phone:(404)562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 03/18/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Piedmont Lithium Carolinas Inc,Patrick Brindle, 5706 Dallas-Cherryville Highway,Belmont,NC 28012 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District,Piedmont Lithium,SAW- 2018-01127 D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION: The review area is located 0.5 miles south of the intersection of Hephzibah Church Road and Whitesides Road in Gaston County,North Carolina. PIN(s); (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County:Gaston City: Crouse Center coordinates of site (lat/long in degree decimal format):Latitude:35.389628 Longitude:-81.298188 Universal Transverse Mercator: Name of nearestwaterbody:Beaverdam Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ®Office(Desk) Determination. Date:March 18,2022 ®Field Determination. Date(s): 04/27/2021,04/28/2021,05/17/2021,05/18/2021,06/04/2021 TABLE OFAQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE"SUBJECT TO REGULATORY JURISDICTION Site'Number-' Latitude Longitude Estimated" Type of.aquatic Geographic (decimal - (decimal amountof. ' resources,(i.e., _ authoritytowhich degrees) degrees); aquatic wetlandvs.non- 'the,aquatic resource cesourcesin Wetlandwa>ers) •"maybe' subject �eviewarea (i.e.,'Section 404or (acreage and' A Isection 10/404) linear feet,if .a licable : Stream 35.393072 -81.319926 Length:5875 LF Non-wetland waters Section404 Width:25 LF Area:3.37 acres Stream 35.400717 -81.292984 Length:690LF Nan-wetland waters Section404 Width:4 LF Area:0.06 acres Stream 35.383282 -81.27926 Length:3147 LF Non-wetland waters Section404 Width:4 LF Area:0.29 acres Stream5b 35.377976 -81.280417 Length:114LF Non-wetland waters Section404 Width:4 LF Area:0.01 acres Stream 35.37783 -81.301772 Length:2333 LF Non-wetland waters Section404 Width:15 LF Area:0.8 acres Stream19 35.399830 -81.326434 Length:4327 LF Non-wetland waters Section404 Width:4 LF Area:0.4 acres Stream20 35.400040 -81.32630 Length:167LF Non-wetland waters Section404 -- - - _ _Width:2.LF Area:0.01 acres Stream2l 35.397729 -81.322042 Length:1774 LF Non-wetland waters Section404 Width:4 LF Area:0.16 acres Stream22 35.399054 -81.321744 Length:365LF Non-wetland waters Section404 Wldth:4 LF Area:0.03 acres Stream23 35.395893 -81.324269 Length:2792 LF Non-wetland waters Section404 Width:5 LF Area:0.32 acres Stream24 35.396945 -81.326693 Length:154LF Non-wetland waters Section404 Width:3 LF Area:0.01 acres Stream25 35.396341 -81.326066 Length:61LF Non-wetland waters Section404 Width:3 LF Area:0 acres Stream26 35.395823 -81.325226 Length:145LF Non-wetland waters Section404 Width:3 LF Area:0.01 acres Stream27 35.3994444 -81.318523 Length:222LF Non-wetland waters Section404 Width:2 LF Area:0.01 acres Stream28a 35.399244 -81.318288 Length:203LF Non-wetland waters Section404 Width:4 LF Area:0.02 acres Stream28b 35.399366 -81.318327 Length:44LF Non-wetland waters Section404 Width:2 LF Area:0 acres Stream29 35.400117 -81.317366 Length:2955LF Non-wetland waters Section404 Width:4 LF Area:0.27 acres Stream30 35.384433 -81.304810 Length:4997LF Non-wetland waters Section404 Wldth:6 LF Area:0.27 acres Stream31 35.390216 -81.312710 Length:1679 LF Non-wetland waters Section404 Wldth:2 LF Area:0.08 acres Stream32 35.384535 -81.307041 Length:44LF Non-wetland waters Section404 Width:3 LF Area:0 acres Stream 33 35.390172 -81.303663 Length:1647 LF Non-wetland waters Section 404 Width:4 LF Area:0.15 acres Stream 34 35.396008 -81.306773 Length:665 LF Non-wetland waters Section 404 Wldth:5 LF Area:0.08 acres Stream35 35.380872 -81.280654 Length:397LF Non-wetland waters Section404 Width:3 LF Area:0.03 acres Stream36 35.384562 -81.305872 Length:121LF Non-wetland waters Section404 Wldth:2 LF Area:0.01 acres Stream 37 35.384508 -81.305531 Length:90 LF Non-wetland waters Section 404 Width:4 LF Area:0.01 acres Stream38 35.374953 -81.301560 Length:1065 LF Non-wetland waters Section404 Width:4 LF Area:0.1,acres Stream39 35.374588 -81.301814 Length:188LF Nan-wetland waters Section404 Width:2 LF Area:0.01 acres Wetland 35.3896 -81.277784 0.11acres Wetland Section404 Wetland17 35.3933 -81.321805 1.13acres Wetland Section404 Wetland18 35.400232 -81.327647 0.01acres Wetland Section404 j Wetland19 35.39858 -81.321869 0.52acres Wetland Section404 Wetland20 35.398975 -81.322132 0.09acres Wetland Section404 Wetland21 35.39858 -81.81.321869 0.06acres Wetland Section404 Wetland22 35.39526 -81.321134 0.11acres Wetland Section404 Wetland23 35.393006 -81.314837 1.53Acres Wetland Section404 Wetland24a 35.389479 -81.31272 0.22acres Wetland Section404 Wetland25 35.392321 -81.310629 6.69acres Wetland Section404 Wetland26 35.384895 -81.309994 0.05acres Wetland Section404 Wetland27 35.384617 -81.306927 0.16acres Wetland Section404 Wetland28 35.390114 -81.303738 0.08acres Wetland Section404 Wetland29 35.3953 -81.305356 1.37acres Wetland Section404 Wetland30 35.388628 -81.300735 2.68acres Wetland Section404 Wetland3l 35.380927 -81.281153 0.21acres Wetland Section404 Wetland32a 35.377372 -81.281304 0.05acres Wetland Section404 Wetland32b 35.377606 -81.281111 0.01acres Wetland Section404 Wetland33 35.384569 -81.305604 o.oaacres Wetland Section404 Wetland34 35.376866 -81.3000175 0.26acres Wetland Section404 Wetland35 35.375121 -81.301418 0.05acres Wetland Section404 Wetland36 35.375772 -81,301418 0.09acres Wetland Section404 Wetland37 35.377308 81.301154 2.asacres Wetland Section404 Ponds 35.377324 -81.28137 o.o3acres Wetland Section404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD(AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit,or a Nationwide General Permit(NWP) or other general permit verification requiring "pre- construction notification"(PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD,which does not make an official determination of jurisdictional aquatic resources; (2)the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3)the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and S., thereby agree-tocomply with all the terms and conditions ofthat-permit,.including whatever mitigation requirements the Corps has determined to be necessary;(5) undertaking any activity in reliance upon the subjectpermit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,signing a proffered individual permit)or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action,or in any administrative appeal or in any Federal court; and(7)whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit(and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation ofjurisdictional aquatic resources in the review area,the Corps will provide an AJD to accomplish that result,as soon as is practicable. This PJD finds that there "maybe"waters of the U.S. and/or that there "maybe"navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the followinginformation: SUPPORTING DATA. Data reviewed for PJD (check all that apply)Checked items are included in the administrative record and are appropriately cited: - ®Maps,plans,plots or plat submitted by or on behalf of the PJD requester: Map: ®Data sheets prepared/submitted by or on behalf of the PJD requester.Datasheets: N Office concurs with data sheets/delineation report. ❑Office does not concurwith data sheets/defineationreport. Rationale: ❑Data sheets prepared by the Corps: ❑Corps navigable waters'study: El U.S. Geological Survey Hydrologic Atlas: NUSGS NHDdata: ❑USGS 8 and 12 digit HUC maps: N U.S. Geological Survey map(s).Cite scale&quadname:1:24k Lincolnton West 1993 0 Natural Resources Conservation Service Soil Survey. Citation:NRCS Soils Survey of Gaston County,2021 0Nationalwetlands inventory map(s). Cite name:USFWS Mapper. 2017 ❑State/local wetland inventory map(s): ®FEMA/FIRM maps: FEMA FIRM PANELS 3710361000J .3710362000J, 3710351900J ❑100-yearFloodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: N Aerial (Name & Date):Bing ImagerLdated2017 or N Other(Name&Date): Site Photographs, N Previous detemtination(s). File no. and date of response letter:SAW-20 1 8-01 1 27(2/21/2019&06/20/2019)HDR ❑Other information(please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corns and should not be relied upon for later jurisdictional determinatlons. S! 4� Signature and date ofRegulatory Signature and date of person requesting PJD staff member completingPJD (REQUIRED, unless obtaining the signature is 03/18/2022 impracticable)' Districts may establish timeframes for requesterto return signed PJD forms.If the requester does not respondwithin the established time frame,the district may presume concurrence andno additional follow up a necessary prim to Finalizing an action Piedmont Lithium Carolinas, Inc. NCG02 Notice of Intent Application Appendix F— Draft SWPPP a x T Nc� i y9 9 PIEDMONT LITHIUM Appendix F — Draft SWPPP Piedmont Lithium Carolinas, Inc. 1 NCG02 Notice of Intent Application Appendix F—Draft SWPPP PIEDMONT LITHIUM Appendix F — Draft SWPPP Piedmont Lithium Carolinas, Inc. 1 NCG02 Notice of Intent Application Appendix F—Draft SWPPP This page intentionally left blank. DRAFT Stormwater Pollution Prevention Plan National Pollutant Discharge Elimination System General Permit No. NCGO20O00 Piedmont Lithium Carolinas, Inc. Gaston County, North Carolina October 28, 2024 This page intention le nk. 0 Piedmont Lithium,Inc.I Stormwater Pollution Prevention Plan NPDES No.NCG020000 L�� Contents r Contents Contents ......................................................................................................................................i AcronymList..............................................................................................................................iii 1 Introduction......................................................................................................................... 1 1.1 Management Certification............................................................................................ 2 1.2 Responsible Parties/Contact Information (B-1) ............................................................ 3 2 Facility Location Description and Facility Contact Information............................................. 4 2.1 General Location Map (B-2)......................................................................................... 4 2.2 Facility Information....................................................................................................... 4 2.3 Stormwater Pollution Prevention Team........................ A ........................................... 5 3 Site Map (B-3)............................................................... .. . ... ............................................ 6 3.1 Site Description................................................ . ............. .. ...................................... 6 4 Narrative Description of Industrial Process (B-4). ......... ............... .................................. 6 4.1 Salt Storage................................................ ... .. ....................................................... 7 4.2 Loading and Unloading Activities.. .... ............ .. ...................................................... 7 4.3 Outdoor Process Areas................... .. ...... .. .... ........................................................ 7 4.4 Dust or Particulate Generati d C of Processes................................................ 7 4.5 Waste Disposal Practi ........ . .......... .. ................................................................... 8 5 Evaluation of Stormwater O I ( -5 .... ........................................................................ 8 6 Mining Permit (B-6 .. ...... .. ..... .. .................................................................................... 8 7 Narrative Descri t on of Sto ate SCMs and BMPs (B-7)............................................... 8 7.1 Structural and o struct r I practices to minimize the exposure and transport of materials in stormwater.. .. .. ............................................................................................... 9 7.2 BMPs for mine excavation and disturbance areas, process areas, and any other areas associated with mining activity...............................................................................................10 7.3 BMPs for vehicle maintenance activities..................................................................;..10 7.4 BMPs to limit or isolate land disturbance and process areas and limit the amount of off- site stormwater run-on to those areas ...................................................................................10 7.5 BMPs to ensure that contaminants from drilling and blasting do not enter surface waters 11 8 BMP Inspections (B-8).......................................................................................................11 8.1 Maintenance...............................................................................................................11 9 Secondary Containment Plan (B-9)....................................................................................12 10 Spill Prevention and Response Procedures (B-10).........................................................12 I Piedmont Lithium,Inc.I Stonnwater Pollution Prevention Plan NPDES No.NCG020000 Contents r 10.1 Areas With Potential for Spills.....................................................................................13 10.2 Trained Staff for Spill Response..................................................................................13 10.3 Spill Response Supplies .............................................................................................13 10.4 Spill Prevention and Response Procedures................................................................13 11 Preventative Maintenance and Good Housekeeping (B-11) ...........................................15 11.1 Good Housekeeping. ..................................................................................................15 11.2 Preventative Maintenance...........................................................................................15 11.3 Plan for disposing spent lubricants and fuels properly.................................................16 12 Employee Training (B-12)...............................................................................................16 13 Representative Outfall Status (B-13).................................. ..........................................16 14 Devices Exempt from Analytical Monitoring (B-14)....... .. .............................................17 15 Annual SWPP Review and Update (B-15)............... . ....... .. ........................................17 16 Annual On-Line SWPPP Certification when Av it-tile (B-16)... ... ..................................18 17 Notice to Modify the SWPPP (B-17)............ .. ........ . ...................................................18 18 SWPPP Documentation (B-18).......................... ... ........................................................18 Tables Table 1. Stormwater Pollution Pre do Tea . ...................................................................... 5 Table 2. PLCI Industrial Activitie nd Ass ciate• ollutants..................................................... 7 Appendices Appendix A— Figures Appendix B— NPDE r eneral Pe it No. NCG020000 Appendix C— Mine Per i o. 36 5 Piedmont Lithium,Inc.1 Stormwater Pollution Prevention Plan NPDES No.NCG020000 HNO3 Acronym List Acronym List Division NCDEQ Division of Energy, Mineral and Land Resources PLCI Piedmont Lithium Carolinas Inc. NCDEQ North Carolina Department of Environmental Quality NPDES National Pollutant Discharge Elimination System OF Outfall PMGHP Preventative Maintenance and Good Housekeeping Program SCM Stormwater Control Measures SDO Stormwater Discharge Outfalls Site Piedmont Lithium Carolinas Inc. SWPPP Stormwater Pollution Prevention Plan USEPA United States Environmental Protection Age, y iii Piedmont Lithium,Inc.I Stonnwater Pollution Prevention Plan NPDES No.NCG020000 Acronym List ` This page intention le ank. Iv Piedmont Lithium Carolina Inc.1 Stormwater Pollution Prevention Plan NPDES No.NCG020000, Introduction 1 Introduction Piedmont Lithium Carolinas, Inc (PLC]), the operator, is proposing to construct and operate the Carolina Lithium Project (Project) which consists of the Mine/Concentrate Operations (mine operations) and the Lithium Hydroxide (L]OH) Conversion Plant(processing operations). A North Carolina Mining Permit was approved by the North Carolina Department of Environmental Quality (NCDEQ) Division of Energy, Mineral and Land Resources (DEMLR) Mining Program on May 7, 2024 (No. 36-35). PLC[ proposes to mine pegmatite ores which includes spodumene for the purpose of lithium extraction, as well as quartz, mica (muscovite), and feldspar (a[bite and microcline) at the Mine/Concentrate Operations. The spodumene concentrate will be conveyed to the Lithium Hydroxide Conversion Plant for processing. The Lithium Hydroxide Conversion Plant is the subject of this Stormwater Pollution Prevention Plan PPP) and specific to the management of operational stormwater; the Mine/Concep ra a Operations is currently being reviewed for coverage under a separate Individual Natal �bl utant Discharge Elimination System (NPDES) permit. The project comprises 287 acres and Is located In un c crated area of Gaston County on private land between Anthony Grove Road and St. r ' Church Road, approximately 1 mile east of Cherryville, North Carolina (Appendix A, Fide 1). PLCI proposes conversion of spodumene concentrate into battery grade it 'u dre>Zid , which will be sold to market for battery production. The NCDEQ Division of Energy, era nd L ' d Resources (DEMLR) has been delegated the authority by the United State Envlrorimenta tection Agency (USEPA) to administer the NPDES program. PLCI will operattu d r NPDES General Permit No. NCG020000 Certificate of Coverage, which author'es-tt�M[ac li�to discharge stormwater associated with the processing of non-metallic miner_ and lit py of the NCG02 Permit is included in Appendix B. This draft SWPPP has ee deve ad to comply with Part B of the NPDES Permit. According to the Permit�PL .I�, f qulred to develop and implement a SWPPP for the Site to: • Identify sources of pollution that potentially affect the quality of stormwater discharges from the facility; • Describe and provide a means to ensure that practices are implemented to eliminate, minimize, or control pollutants from entering Stormwater Discharge Outfalls (SDOs); and • Ensure compliance with the terms and conditions of the NDPES Permit. The SWPPP must be amended when there is a change in the design, construction, operation, or maintenance of the facility that significantly affects the potential for discharge of pollutants to waters of North Carolina or if the SWPPP proves to be ineffective in eliminating or significantly minimizing discharge of pollutants associated industrial activity in stormwater discharges. t Piedmont Lithium Carolina Inc.I Stonnwater Pollution Prevention Plan NPDES No.NCG020000 Introduction 1.1 Management Certification I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information contained therein. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Name: Title: Signature: Date: 2 Piedmont Lithium Carolina Inc.I Stonnwater Pollution Prevention Plan NPDES No.NCG020000 Introduction r 1.2 Responsible Parties/Contact Information (13-1) Facility Operators: Piedmont Lithium Carolinas, Inc. Address: 42 E Catawba Street Belmont, North Carolina 28012 Mailing Address: 42 E Catawba Street Belmont, North Carolina 28012 Telephone Number: (704)461-8000 Facility Owner(s): Piedmont Lithium Carolinas, Inc. 42 E Catawba Street Belmont, North Carolin 012 SWPP Contac SWPPP Contact Name: Monique Park"C- ..: Telephone Number: (980) 9935 Email Address: mpar ' on I um.com SWPPP Contact Name: Telephone Number: Email Address: Key Employee Conte rBD Telephone Number Key Employee Contact e: TBD Role: Telephone Number: Email Address: l 3 Piedmont Lithlum Carolina Inc.I Stornwater Pollution Prevention Plan NPDES No.NCG020000 ER Location Description and Facility Contact Information 2 Facility Location Description and Facility Contact Information 2.1 General Location Map (13-2) Piedmont Lithium Carolinas, Inc. proposes conversion of spodumene concentrate to battery grade lithium hydroxide, which will be sold to market. The project comprises 287 acres and is located in an unincorporated area of Gaston County on private land off/near Hephzibah Church Road, St. Marks Church Road, and Anthony Grove Road, approximately one mile east of Cherryville, North Carolina. The project site vicinity is located within the Lincolnton West and Bessemer City 24K U.S. Geological Survey (USGS) topographic quadrangles in Gaston County, North Carolina (Appendix A, Figure 1). The Lithium Hydroxide Conversion Plant site consists of the conversion plant which includes an entrance road, rail access, rail storage, stormwater contr �ctures, emulsion storage area, truck parking, the plant, and associated administratiZ'ra )aerations, �Id maintenance buildings. The United State Geological Survey (USGS) � h�'c map � the Lincolnton West Quadrangle, North Carolina (1969), indicates that elebrf ranges from approximately 900 feet in the northwestern portion of the Site neTr�the IntersR ion of Hephzibah Church Road and Anthony Grove Road, and in the southern p� loaf,he Si�south of Beaverdam Creek, to 800 feet in the eastern portion of the Site where � vel am��eek crosses St. Mark's Church Road. 2.2 Facility Informatio n Facility Name: m tithiu arolinas, Inc.—Lithium Hydroxide Cep�fa sign Plana . Location: e hzib Church Road, Bessemer City, Gas on County, NC 28016 NPDES ID: G020000 Coverage Effective Date: TBD Permit Expiration: July 30, 2025 Site Coordinates (center): Latitude: 35.3965921 N Longitude: -81.3201651 W County: Gaston Receiving Water: Beaverdam Creek and unnamed tributaries of Beaverdam Creek; Beaverdam Creek and its unnamed tributaries are not identified as impaired receiving waters per the NCDEQ and does not have an established Total Maximum Daily Load (TMDL) 4 Piedmont Lithium Carolina Inc.I Stormwater Pollution Prevention Plan NPDES No.NCG020000 F�n Facility Location Description and Facility Contact Information Stream Class WS-IV, C Sub-Basin 03050102 (South Fork Catawba River Basin) 2.3 Stormwater Pollution Prevention Team The stormwater pollution prevention team is responsible for overseeing development and modification of the SWPPP, implementing and maintaining control measures, taking corrective action (if necessary), and providing additional implementation measure (AIM) responses when required. Each member of the stormwater pollution prevention team should have ready access to the Permit, the most updated copy of the SWPPP, and other relevant documents that must be kept with the SWPPP. Since the facility is currently not operational, the team and respective responsibilities are currently undetermined. The team members and responsibilities will be established prior to commencement of site operations. Table 1.Stormwater Pollution Prevention Team Name Title Phone %�yF&kspcmsibilities ®Y A 5 Piedmont Lithium Carolina Inc.I Stonnwater Pollution Prevention Plan NPDES No.NCG020000 L�n r Site Map(B-3) 3 Site Map (B-3) �. 3.1 Site Description A site map for the facility to include the elements below has not yet been developed specifically for the purposes of this SWPPP; however, will be developed and provided prior to operations. In lieu of specific SWPPP maps for this draft SWPPP, general site maps are included as a part of this NCG02 application. See Figure 2 and Sheet 1 (Appendix A) for outfall locations and site map. • Delineated drainage areas of each stormwater outfall within the facility boundaries (Sheet 1, Appendix A), • Structural control measures to reduce pollutants in stormw ter runoff, • Stormwater conveyance systems, • Directions of stormwater flow, • All receiving waters, /J • Locations where significant material storage reas are expose to precipitation, • Fueling stations, • Vehicle and equipment maintenance and/or clees, g areas, • Locations used for the storage and is osal of • Locations of liquid storage tanks, • Processing areas, • Access roads, and • Storage areas. 4 Narrative ' esc tip = n of Industrial Process (B-4) This section contains descriptions, f materials stored, handled, or transferred with exposure or potential exposure to str t t the facility, and descriptions of areas, materials, and activities that may reasonably be expe to contribute pollutants to stormwater runoff at the site. Since the facility is not currently operational, all of the potential control practices and activities are not fully developed; however, these practices and activities will be updated and provided in the SWPPP prior to the commencement of site operations. The elements to be addressed include: a) Storage practices; b) Loading and unloading activities; c) Outdoor process areas; d) Dust or particulate generating and control processes; e) Waste disposal practices; and f) A list of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. l 6 Piedmont Lithium Carolina Inc.I Stonnwater Pollution Prevention Plan NPDES No.NCG020000 L�� Narrative Description of Industrial Process(B-0) r A list of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall (Table 2). See Figure 2 and Sheet 1 (Appendix A)for ouffall locations and site map. Table 2.PLCI Industrial Activities and Associated Pollutants Industrial Activity Associated Pollutants Discharge Points of Potential Spills/ Leaks Could Occur Conversion Plant Suspended solids and chemicals used SK-20, SB-201A, SB- (including conveyor and in the conversion operations; 201 B, SB-202A, SB- roads) lubricating oil and grease; petroleum 202B, SB-203, SB-204A, products from equipment leaks; dust SB-204B, SB-205, SB- suppressants (water). 207 Emulsion Storage and Petroleum product, hydraulico. , _N SB-17, SK-25 Bulk Truck Parking antifreeze, oil, and grease Rail Storage Yard /Rail Suspended solids and emic %used S -206 Spur in the conversion opera'ns lubricating oil a grease; et oleum products from b"cj�i i nt lea t 4.1 Salt Storage Crystallized salts are i byprod Pt of th Fli t m roxide conversion wastewater pre-treatment process; however, this material it rem ov, from the facility to be disposed of at an offsite permitted facility. During, fo' nsport, they will be placed in an enclosed structure (i.e., 99LL,,, f .R. no exposure to rainw `r) with le ign ontainment that ultimately routes any leachate to an onsite water pretreat ew t facility vI sump system prior to discharge to an offsite publicly owned treatment works facility. 9 e cry�stzed salts would not come into contact with stormwater and therefore will not be coming) dnyit stormwater discharges. 4.2 Loading and Unloading Activities Since the facility is currently not operational, the specific loading and unloading plan has not yet been developed. This section will be reviewed and updated as needed. 4.3 Outdoor Process Areas The facility does not propose outdoor process areas. 4.4 Dust or Particulate Generating and Control Processes . Dust from the Lithium Hydroxide Conversion Plant operations and roads will be controlled by the use of a water truck or other means to control dust. To minimize off-site tracking of raw, final, or 7 Piedmont Lithium Carolina Inc.I Stormwater Pollution Prevention Plan NPDES No.NCG020000 L�� Evaluation of Stormwater Outfalls(B-5) r waste materials, paved and stabilized roadways will be installed at the entrances to the project site. 4.5 Waste Disposal Practices Since the facility is currently not operational, specific waste disposal practices are currently undetermined; however, they will be conducted according to federal, state, and local requirements. This section will be reviewed and updated as needed. 5 Evaluation of Stormwater Outfalls (B-5) On an annual basis, PLCI will evaluate all stormwater outfalls for the presence of non-stormwater discharges (Figure 2 and Sheet 1, Appendix A). a) If no non-stormwater discharges are present, thef�e i ee shall certify the evaluation results. This certification shall be dated and signe>Z act� �once with the requirements found in K-1 of the NCG02 General Permit and�tair with t�SWPPP. b) If non-stormwater discharges are present h per)ttee sha`llJJidentify the source and record whether the discharge is otherwise erpited by rule or a different permit. The permittee shall evaluate the environm ntal signifi Qce of the non-stormwater discharges. Asummary written record shall bed t'd a signed I accordance with the requirements found in K-1 of the General Permit an, et ind�I�a, he SWPPP. Given that the facility is not yet co trot d, th r have been no non-stormwater discharges on site. In the event of an un onzed no��Iwater discharge, the stormwater pollution prevention team would conduct v atioa tQinclude the following elements: • Date of evaluaf�� • Description at e evaluat ge 0n1i rla used. • List of the disc points r onsite drainage points that were directly observed during the evaluation. �� • Action(s) taken, suct s a list of control measures used to eliminate unauthorized discharge(s). 6 Mining Permit (B-6) Mining Permit No. 36-35 is provided in Appendix C.The erosion and sedimentation control plan and the reclamation plan that were approved during the mine permit review process will be retained on site and available upon request. 7 Narrative Description of Stormwater SCMs and BMPs (B-7) PLC[ will implement appropriate SCMs and BMPs to reduce pollutants in stormwater discharges leaving the site. 8 Piedmont Llthlum Carolina Inc.I Sto Narrative De cdp on of Stormwater SCMs and BMPs(B--7) r)l 7.1 Structural and nonstructural practices to minimize the exposure and transport of materials in stormwater 7.1.1 Minimize Exposure Exposure of potential pollutant sources in manufacturing, processing, and material storage areas (including loading and unloading, storage, disposal, cleaning, maintenance, and fueling operations)to rain,snow,snowmelt, and runoff will be minimized by either locating these industrial materials and activities inside or protecting them with storm-resistant coverings. Any potential pollutant sources which are stored in enclosed tanks outdoors will also have appropriate secondary containment structures to capture exposed stormwater. To minimize exposure, PLC] will implement the following measures: 1. Use grading, berming or curbing to prevent discharges of ontaminated flows and divert runoff away from these areas. /� 2. Locate materials, equipment, and activities so that po "#ial leaks and spills are contained or able to be contained or diverted before dischar 3. Store leaky vehicles and equipment indoors. 4. Perform all vehicle and/or equipment cleay�' g opera tions in rs, under cover, or in bermed areas that prevent discharges and hi off a also that capture any overspray. 5. Drain fluids from equipment and vehicles t Yia ill be decommissioned, and, for any equipment and vehicles that will re a n unused�fo_"„extended periods of time, inspect at least monthly for leaks. , 7.1.2 Good Housekeeping „, The following good housekeepi raacce will a' followed on-site: 1. All materials stored on- IY`be—O ed in a neat, orderly manner in appropriate containers, and, I,IS s "i, e, ; n enclosed area or under roof. 2. Storage facilitie and, cam d� the Lithium Hydroxide Conversion Plant, Emulsion Storage, Rai rage Yar „ nd Bulk Truck Parking areas will be routinely inspected for evidence of spi � leak material that could contribute to stormwater pollution. 3. Products will be kep�-, " dir original containers with the original manufacturer's label. 4. All trash from the Site ill be disposed of in accordance with applicable local and state regulations. This section will be reviewed and updated as needed. 7.1.3 Management of Stormwater All stormwater runoff from the Lithium Hydroxide Conversion Plant will be routed to the stormwater basins via drainage ditches and culverts.These basins are described below in Sections 7.1.4 and 7.1.5. All stormwater runoff from the Lithium Hydroxide Conversion Plant will be captured and discharged from a series of sediment basins and skimmer basins constructed throughout the project site, which hold and release stormwater over a specified period of time. The sediment basins and skimmer basins are designed per NCDEQ design standards. 9 Piedmont Lithium Carolina Inc.I Stormwater Pollution Prevention Plan NPDES No.NCG020000 ��� Narrative Description of Stormwater SCMs and BMPs(B-7) 7.1.4 Sediment Basins ' The sediment basins are designed for a 25-year storm event and include a riser/barrel pipe, - principal spillway, trapezoidal emergency spillway, and 3 baffles. Each basin has a maximum drainage area of 100 acres; a minimum volume of 1800 cubic feet per acre of disturbed area; and a minimum surface area of 435 square feet per cfs of inflow. The basins include a dewatering skimmer with an orifice sized to achieve a minimum dewatering time of 3 days. 7.1.5 Skimmer Basins The skimmer basins are designed for a 25-year storm event and include a trapezoidal spillway with an impermeable membrane and 3 baffles. Each basin has a maximum drainage area of 10 acres; a minimum volume of 1800 cubic feet per acre of disturbed area; and a minimum surface area of 325 square feet per cfs of peak inflow. The basins include a dewatering skimmer with an orifice sized to achieve a minimum dewatering time of 2 to 3 days. 7.1.6 Salt Storage Piles Crystallized salts are a byproduct of the lithium hydroxide P§ sJ1on wastewater pre-treatment process; however, this material will be removed from t el acuity t tie disposed of at an offsite permitted facility. During staging for transport, they i be placed in " enclosed structure (i.e., no exposure to rainwater) with designed contain rrthe timately routes any leachate to an onsite water pretreatment facility via a sump system pdoo discharge to an offsite publicly owned treatment works facility. The crystallized salts mould not me into contact with stormwater and therefore will not be comingled with stormA�\r di /harggees 7.1.7 Dust Control and Vehicle C of 1 ust trial Materials Dust from the Lithium Hydroxide( ]ant eratio and roads will be controlled by the use of a water truck or other means to b tot tfst- o enimize off-site tracking of raw, final, or waste materials, paved and stabilize roa V�✓ay_ s will be installed at the entrances to the project site. 7.2 BMPs for ne ex ation and disturbance areas, process areas, and�ati othe` areas associated with mining activity There are no mine excavate••rt/mine activities proposed at this facility. Process area BMPs are described in Section 7.1 7.3 BMPs for vehicle maintenance activities Vehicle maintenance activities will not occur at the proposed facility. This section will be reviewed and updated as needed. 7.4 BMPs to limit or isolate land disturbance and process areas and limit the amount of off-site stormwater run-on to those areas Activities associated with manufacturing, processing, and material storage areas will result in the presence of exposed soils on site. To minimize erosion and control sediment, PLC] staff will implement the following control measures: 10 Piedmont Lithium Carolina Inc.I Stonnwater Pollution Prevention Plan NPUES BMP Inspection NC s 00 0 FN 1. Silt Fence. 2. Rock Check Dams. 3. Sediment Tubes/Wattles. 4. Riprap Inflow Protection. 5. Riprap Outlet Protection. 6. Culvert Inlet Protection. 7. Porous Baffles. This section will be reviewed and updated as needed. 7.5 BMPs to ensure that contaminants from drilling and blasting do not enter surface waters No drilling or active blasting activities occur at this facility. BlastiyLq agents will be stored in the emulsion storage area of the proposed facility. The blastin�9/gents will not be exposed to stormwater as they are stored in completely enclosed structt�f� he stormwater runoff from the emulsion storage area will be routed to the appropriate s Uirfiant skimmer basins. 8 BMP Inspections (13-8) BMPs will be inspected by or under the direction of t ermittee at least once every seven (7) calendar days, unless the site has dorman tus. All in actions will be documented and will include: � 1. A signed, written record of lS s� ectl results, dates and any repairs/ revisions made for each BMP;and 2. Documentation of visit7l!&off-sif e?iirrj n ation including an explanation of measures taken to remove the, � edim t at has eft the site and to prevent future releases. 8.1 Maintenaq�e V Stormwater control m�� suresst be properly maintained to ensure they are operating effectively. PLCI will implbe��h following maintenance procedures: 8.1.1 Sediment Basin Main enance Measures 1. Inspect sediment basins weekly and after each significant (one-half inch or greater) rainfall event and repair immediately if any damage is found upon inspection. 2. Remove sediment and restore the basin to its original dimensions when sediment accumulates to one-half the design depth. Place removed sediment in an area with sediment controls. 3. Check the embankment, spillways, and outlet for erosion damage, and inspect the embankment for piping and settlement. Make all necessary repairs immediately. Remove all trash and other debris from the riser and pool area. 8.1.2 Skimmer Basin Maintenance Measures 1. Inspect skimmer basins at least weekly and after each significant (one-half inch or greater) rainfall event and repair immediately. tt Piedmont Lithium Carolina Inc.I Stormwater Pollution Prevention Plan NPDES No.NCG020000 LN3 r Secondary Containment Plan(B-9) 2. Remove sediment and restore the basin to its original dimensions when sediment accumulates to one-half the height of the first baffle. Pull the skimmer to one side so that the sediment underneath it can be excavated. Excavate the sediment from the entire basin, notjust around the skimmer or the first cell. Make sure vegetation growing in the bottom of the basin does not hold down the skimmer. 3. Repair the baffles if they are damaged. Re-anchor the baffles if water is flowing underneath or around them. 4. If the skimmer is clogged with trash or there is water in the basin, usually jerking on the rope will make the skimmer bob up and down and dislodge the debris and restore flow. If this does not work, pull the skimmer over to the side of the basin using the attached rope and remove the debris.Also check the orifice inside the skimmer to see if it is clogged; if so, remove the debris. 5. If the skimmer arm or barrel pipe is clogged, the on ice can be removed and the obstruction cleared with a plumber's snake or by Zing with water. Be sure and replace the orifice before repositioning the skimm r 6. Check the fabric lined spillway for damage and ake'" y�required repairs with fabric that spans the full width of the spillway. Ccthe emban ent, spillways, and outlet for erosion damage, and inspect the emb merit for pipin�or settlement. Make all necessary repair immediately. Remove t as and other debris from the skimmer and pool areas. 7. Freezing weather can result in c rming Inky basin. Some special precautions should be taken in the winter to p ten ski mer from plugging with ice. 9 Secondary Co e� Plan (B-9) As engineering plans are finalize•�federa ill, Prevention, Control, and Countermeasure (SPCC) plan will be dev I e - an provided in the updated SWPPP prior to operations. The facility will follow state fede ��ary containment requirements. This section will be reJ7ed dated as needed. 10 Spill Prev1tion and Response Procedures (B-10) The Spill Prevention and Response Procedures (SPRP) for the Site will include the SPCC plan and the following: 1. An assessment of areas of the facility where there is the potential for spills; 2. A list of trained facility personnel responsible for implementing the SPRP; 3. A signed and dated acknowledgement in which staff members accept responsibilities for the SPRP; 4. A supply of spill response materials and equipment and the locations for storing these items. 5. Written procedures for proper cleanup and disposal of spilled materials; and 12 Piedmont Lithium Carolina Inc.I Stonnwater Pollution Prevention Plan NPDES No.NCG020000 F�� Spill Prevention and Response Procedures(B-10) 6. A list of significant spills or leaks of pollutants that have occurred during the previous three (3) years and any corrective actions taken to mitigate spill impacts or the notation that no spills have occurred. This list will be updated on annual basis. 10.1 Areas With Potential for Spills Areas with potential for spills is included in Table 2 in Section 4. This section will be reviewed and updated as needed. 10.2 Trained Staff for Spill Response Since the facility is currently not operational, the team of trained spill response staff are currently undetermined. Signed and dated acknowledgement in which staff members accep responsibilities for the SPRP will be provided. This section will be reviewed and updated as needed. 10.3 Spill Response Supplies Since the facility is currently not constructed , the lis- ation of spill response materials and equipment are currently undetermined. This section will be reviewed and updated a ee"e 10.4 Spill Prevention a yR poe Procedures Exposure of potential pollutant rces nYmanuf c uring, processing, and material storage areas -� (including loading and unloadi gas orag6; `jlrsposal, cleaning, maintenance, and fueling operations)to rain,si 11 d runoff will be minimized by either locating these industrial J= materials and activities Inside ro e ng them with storm-resistant coverings to the extent practical. Any poten64 ollutant o�rces which are stored in enclosed tanks outdoors will also have appropriate seconndElry contai ent structures to capture exposed stormwater. To minimize exposure, PLCI will implement f14 following BMPs: 1. Clean up spills and leaks promptly using dry methods (e.g., absorbents) to prevent the discharge of pollutants; 2. Use drip pans and absorbents under or around leaky vehicles and equipment or store indoors where feasible; 3. Use spill/overflow protection equipment; 4. Plainly label containers (e.g., "Used Oil," "Spent Solvents," "Fertilizers and Pesticides") that could be susceptible to spillage or leakage to encourage proper handling and facilitate rapid response if spills or leaks occur; 5. Ensure that all washwater drains to a proper collection system (i.e., not the stormwater drainage system). 6. Implement procedures for material storage and handling, including the use of secondary containment and barriers between material storage and traffic areas, or a similarly effective means designed to prevent the discharge of pollutants from these areas; 13 Piedmont Lithium Carolina Inc.1 Stonnwater Pollution Prevention Plan NPDES No.NCG020000 L�n Spill Prevention and Response Procedures(B-10) r 7. Develop training on procedures for expeditiously stopping, containing, and cleaning up leaks, spills, and other releases. As appropriate, execute such procedures as soon as possible; 8. Keep spill kits onsite, located near areas where spills may occur orwhere a rapid response can be made; and 9. Notify appropriate facility personnel when a leak, spill or other release occurs. This section will be reviewed and updated as needed. 10.4.1 Spill Prevention The plant will be staffed 24 hours per day, seven days per week (Monday through Sunday). Material storage, transfer, containment, and equipment maintenance areas are visually observed as a regular part of normal facility operations. Leaks or spills would be noted by employees as a part of normal operations and reported to a member of the Stor2e,nred e Pollution Prevention Team. In addition, inspections of these areas are performed and do as described in Section 11. The telephone numbers for the Stormwater Pollution Prev'_/ Team will be listed in Section 2.3. 10.4.2 Spill Response In the event of a spill, the potential pollutant sourced r�r fff�ffffacturing, processing, and material storage areas have the potential to affect the quality of s�water runoff. In response to a spill, the Site personnel should take the followin ac ns: 1. The spill should be contained, and an I a i al to the extent that it is safely possible. 2. Appropriate staff should broti I has S o as possible for spill reporting. The spill report should include the mat al rele sedrqua ity released, actions taken to contain the spill and/or leak, and clean-up lla 3. If a reportable anti o poi ant is released and in the event of an environmental emergency,t acillty shoo d report the spill to the North Carolina Emergency Operations Center at 800-80>8 a 1d)or the National Response Center(NRC) at 800-424-8802. 4. The Stormwater Po)cc%o 6taminated evention Team will provide for storing, treating, or disposing of recovered waste soil, surface water, or other material that resulted from a release at the facility. 5. The Stormwater Pollution Prevention Team will supervise clean-up activities. Before employees start cleanup activities, the Stormwater Pollution Prevention Team will review potential chemical and physical hazards with employees and make sure that proper personal protective equipment is supplied and used by employees. 6. Material (including contaminated soil) recovered during spill response operations will be containerized and properly disposed offsite in accordance with applicable local, state, and federal regulations. 14 Piedmont Lithium Carolina Inc.I Stonnwater Pollution Prevention Plan NPDES No.NCG020000 Preventative Maintenance and Good Housekeeping(B-11) L N 7. Prepare and maintain onsite records of discharges, subsequent corrective actions, remediation, and disposal, as well as records of correspondence with government agencies regarding these issues. 11 Preventative Maintenance and Good Housekeeping (B-11 ) PLCI will implement a preventative maintenance and good housekeeping program (PMGHP)for the Site. 11.1 Good Housekeeping. Good housekeeping practices are meant to keep pollutants from being exposed to stormwater and will be conducted as a normal part of facility operations As part of routine operations, the facility ensures that expo �Y aromas that are potential sources of pollutants are kept clean. Areas of note are outside fue 5n chern�i- storage tanks, equipment maintenance areas, trash containers and roll off du m sfers, and at ial storage areas. Pickup and disposal of garbage and waste materials, andn�t spe_c#lons of loading/unloading areas are conducted on a routine basis. Training sessions on good housekeeping p tises are in orporated into the facility's employee training program. All supervisors are traid Iethodti to prevent stormwater pollution discharges. Inspections are performe _and do 1u ntee as described in this section. 11.2 Preventative Mai ena crime The Stormwater Pollution Preve tqp aam;ooL quivalent, will identify systems and equipment for which preventative sint an a�s critical to ensure protection of the environment. Preventative mainten eoc c �s o s eduling and record keeping of regular maintenance events. All tanks, sto'` �"(ater cont)o�structures such as ditches and sediment basins, equipment maintenance facilities, t1d asso�'ated Lithium Hydroxide Conversion Plant operations are included in the preventati e-i 1a' Nance program. 11.2.1 Routine Site Inspections Qualified personnel shall conduct routine facility inspections of all areas of the facility not less than four(4)times per year, including: • Locations where industrial materials or activities are exposed to stormwater; • Locations of all stormwater control measures used to comply with the permit; and • Locations of stormwater outfalls, inspecting for the presence of floating materials, visible sheen, discoloration, turbidity, odor, etc. Inspections will occur at a minimum on a quarterly schedule (January—March, April—June, July —September, October— December). 1s Piedmont Lithium Carolina Inc.I Stormwater Pollution Prevention Plan ENPDES mployee o.NCG020000 aining(B2) Inspections must be conducted during a period when a stormwater discharge is occurring, should a measurable storm event occur. If there is no discharge from outfalls during any measurable storm event in a quarterly period, then a"No Discharge"will be recorded. Inspections shall check for the presence of unauthorized non-stormwater discharges to the stormwater drainage system. This shall be done preferably during dry weather when it is easier to observe non-stormwater discharges. If a non-stormwater discharge is discovered, the facility shall notify NCDEQ and eliminate the illicit discharge. A record of inspections, maintenance, and housekeeping activities will be kept. 11.3 Plan for disposing spent lubricants and fuels properly Since the facility is currently not operational, the plan for disposing of spent lubricants and fuels has not been developed; however, disposal of these materials wi I• a done properly. This section will be reviewed and updated as needed. 12 Employee Training (B-1 �� Personnel responsible for operations that have the p fenf f to contaminate stormwater runoff at the Lithium Hydroxide Conversion Plant will r elve tr`i c All personnel will receive this training on an annual basis and all new personnel wll�%ceive a_pprop ate training within one (1)month of employment. Training records are maintaine k tt�ee/ap��p�priate department and are kept on file for a minimum of three (3)years. A rf aah rain) rfcludes the following topics: a) General stormwater awa<1-ss; b)The provisions of the curr t t�eG02000"eneraI permit; c) Spill response trai ing, d) Used oil manage Ent; e) Spent solvent�ianagemen I., f) Secondary contalr ent rele as; g) Fueling procedures, h) Disposal of spent abra§' es; i) Sanding, painting, and blasting procedures, and j) Used battery management. 13 Representative Outfall Status (B-13) If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled,the permittee may petition the Director for representative outfall status (ROS). If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then analytical sampling requirements may be performed at a reduced number of outfalls. 16 Piedmont Lithium Carolina Inc.I Stormwater Pollution Prevention Plan NPDES No.NCG020000 Devices Exempt from Analytical Monitoring(B-14) If the Division has granted representative outfall status (ROS), written documentation from the Division shall be part of the SWPPP. The permittee shall notify the Division of any site or activity modifications that result in a change to ROS. The permittee must request reissuance of ROS by submitting a written request to the Division' s Central Office within thirty(30)days prior to the expiration of this General Permit to maintain ROS. Given the facility is not operational at this time, once operational an assessment of ROS will be completed and steps taken as appropriate. 14 Devices Exempt from Analytical Monitoring (B-14) Outfalls as designed are currently designed to continuouslyidfscharge at a specified rate; however, discharge from any other devices (i.e., seconda /p tainment) are unknown at this time. Should this be applicable for such devices, the inf tion uested in the permit will be provided prior to operations. 15 Annual SWPP Review pdate (B-15) The SWPPP will be reviewed and update ` aQ annu asis in accordance with the Permit. PLC] will amend the SWPPP when there i an e jn esign, construction, operation, site drainage, maintenance, or configuratio, of thPpl�sic`al-features which may have a significant effect on the potential for the dZsitc e CHU is or surface waters. PLCI will review, and amend, Sto ution Prevention Plan whenever the following situations arise: • Applicable re- Iation aer�evised, • Plan fails to add%�,uately pr$�ent stormwater contamination, • Facility changesl esigr construction, operation, maintenance, or other circumstances in a way that maten'` 'creases the potential for stormwater contamination, • Changes to stormwater plan coordinators, • Any elements of the SWPPP that require modification for effectiveness, • Any additional elements that should be added or modified for prevention of pollution, • An updated site map, • An updated inventory of exposed materials, • A revised description of the good housekeeping measures, • A revised description of the structural and non-structural controls, or • Any other element of the plan that was found to be inaccurate or that will be modified. To modify the SWPPP in response to a corrective action, the certification statement in Section 1.1 of this SWPPP must be re-signed. For any other SWPPP modification,a log with a description of the modification, the name of the person making it, and the date and signature of that person shall be kept. 17 Piedmont Lithium Carolina Inc.I Stonnwater Pollution Prevention Plan NPDES No.NCG020000 Annual On-Line SWPPP Certification when Available(B-16) 16 Annual On-Line SWPPP Certification when Available (B-16) After the DEMLR ePermitting system develops the capability to receive this information, an online certification shall be submitted annually attesting that the SWPPP annual update has been completed in a manner that meets the conditions of the Permit. 17 Notice to Modify the SWPPP (B-17) In accordance with the NPDES Permit, the NCDEQ may notify PLCI when the SWPPP does not meet one or more of the minimum requirements of the permit.Within 30 days of such notice, PLCI will submit a time schedule to the NCDEQ for modifying the SWPPP to meet minimum requirements. PLCI will provide certification in writing (in acco "ance with the Permit) to the NCDEQ that the changes have been made. 18 SWPPP Documentation -18) A copy of this SWPPP, related documents, and co p eted orts and orms shall be kept onsite and made available for review immediately upon req t t is the responsibility of PLCI to update and/or amend this SWPPP to reflect sitgni cant chkin es in the Project scope including phasing/sequencing, BMPs, or onsite mat "fits endm is and updates shall be made in writing and posted along with this Plan withi day of the significant change. Inspection reports shall be maintained onsite. Documentation of all monitorin, easu emen 0 pections, maintenance activities, and training provided to employees, includin hL(0 of sampling data and actions taken to implement SCMs and BMPs associated wjtt 3An I t is b ivities, including vehicle maintenance activities if any, will be kept on-site for a p rod of five ars d made available to DEMLR immediately upon request. 18 Piedmont Lithium Carolinas Inc. Stonnwater Pollution Prevention Plan NPDES No.NCG020000 ��L Appendix A r Appendix A — Figures Piedmont Lithium Carolinas Inc.I Stormwater Pollution Prevention Plan NPDES No.NCG020000 L�n Appendix A r This page intention le ank. LEGEND-.• �IIGVLM./f� // i �e — � - _ r v / • o Lithium H droxide Conversion Plant t13GG 24k JQuadrangles o Eeel a,000 v o f ci jLINC0I NTON 1 4 ! WVST �I } f ' C 4 i fasbonCounty "' �•. f ( .! - I u: I. North Carotin /L �. CAROLINA LITHIUM PROJECT-LITHIUM HYDROXIDE CONVERSION PLANT FNPIEDMONT USGS TOPOG"PHIC QUAD"NGLES This page intentionally left blank. . i r I M1 a= 1 r _S 4 SB-2a1 g I ' SS-202 Kn ? SB-206 T e (,e t SB-205 SB-203 tEOEND SB-204 OLithium Hydroxide Conversion Plant Drsinage Areas SK-20 Basins :.I o Proposed Outfalls SK-25 Culverts SB-17 Jurisdictional Waters of the U.S. Delineatetl Streams A. - Delineated Wetlands ' 1 F�Z CAROLINA LITHIUM PROJECT•LITHIUM CONVERSION PLANT DMON T P I E SURFACE WATERS,DRAINAGE AREAS,BASINS,AND OUTFALLS "0" FIGURE This page intenUonally left blank. / -- _ N ENLMGEO NCWt--------'------� EXHIBIT SHEET] ,. - - J �i - eNu DNcooz---- n I II w, o --� HEUET ENJAOED5 - EXHIBrtsE � I E". �^`^ •-'"'� r I I< ----------------------------- I I .. IE 161T HEETO rf I EXHIBIT SHEETS LEGEND, I ® R• I M ' s __ _____. PIEDMONT LITHIUM CAROLINAS,INC. OyERALL NCG03 OUTFALL MISR CAROLINA LTHIUM PROJECT CONVERSION PUNT SITE LITHIUM HYDROXIDE CONVERSION PLANT PI E DMON T _ m w OASTON COUNTY.NORTH CAROLINA This page intenUanally left blank. Piedmont Lithium Carolinas Inc.I Stonnwater Pollution Prevention Plan NPDES No.NCG020000 L�� Appendix B r Appendix B — NPDES General Permit No. NCG020000 Piedmont Lithium Carolinas Inc.I Stormwater Pollution Prevention Plan NPDES No.NCG020000 L�03 r Appendix B This page intentional ft blank. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY, DIVISIOMORENERGY,MINERAL,AND LAND RESOURCES GENERAL PERMIT MNCG020000 'TO DISCHARGE STORMWATER;'MINE DEWATERING,AND PROCESS WASTEWATER-UNDER THE NATIONAL POLLIfTANT DISCHARGE ELIMINATION SYSTEM For establishments primarily engaged in the followingactivities: Active aad Inactive Mining,Sites In compliance with the provision of,North Carolina General Statute 143-215:1,other lawfui .standards and regulations promulgated and;ad'opted by the North Carolina Environmental` .. Management Commission an&the.Federal Water Pollution Control Act,as amended,this Permit is hereby issued to all'bwners or operators,hereafter permittees,which are covered hyahis-permit as evidenced'by receipt of a Certilicate of Coverage bythe Environmental Management Commission too allow the discharge of'stormwater,mine dewafering wastewater;atid'process,wastewater to the surface waters of North Carolina or to aseparate storm sewersystem conveying discharges to surface watersi from active anilinactive mining sites;in accordance with-the terms=and' conditions set forth here' in. .Coverage undenthis General Permitis applicable,to: ♦ Stormwater point source discharges associated with mining and quarrying of non-metallic minerals,and Lithium,including inine excavation:processing,and vehicle maintenance: • Authoriaed,wastewater point source discharges front riiiningoperations as designated in this permit; ♦ Stormwater and/or wastewater point source discharges from like industrial activities deemed by the Division of Energy,Mineral,and Land Resources{the'Division) to be similar to these operations in'the process;or the discharges,or the exposure of raw materials,intermediate products,by,products,final products,or waste.products: Except upon Divisiomdetermination of similarity..as provided Immediately above,coverage under this General Permit is not applicable toe ♦ Borrow Pits covered.bythe DOT statewide stormwaterpermit, ♦ P.eatMin'ing, ♦. Coal or Coal Ash Mining, ♦ Mining of metals other than Lithium, ♦ 'Oil and Gas Extraction'Operations,and ♦ Wastewater not specifically designated in this permit The GeneraI,Permit shall become effective on July 1, 2021; The General Permit shall expire at.midnight on June 30,2025, Signed this30w day of June,20 B halrWrenn,Act g irectur Division of Energy,.Mineral;and Land Resources Bythe Authority of the Environmental Management Commission Permit No.NCG020000 TABLE OF CONTENTS PART A NCG02000O PERMIT COVERAGE PART B STORMWATERPOLLUTION PREVENTION PLAN'(SWPPP) B-1. Responsible Party B-2. General Location'Map B-3. Site Map B-4. Narrative Description of Industrial Process B-S. Evaluation of Stormwater.Outfalls B-6. Mining Permit B-7. Narrative Description of Stormwater BMPs B-8. BMP Inspections S-9. Secondary Containment Plan B-10. Spill Prevention and Response Procedures B-11. Preventative Maintenance and Good Housekeeping B-12. Employee Training B-13. Representative Outfall Status B-14. Devices Exempt from Analytical Monitoring B-IS. Annual-SWPP.Review and Update B-16. Annual On-line SWPPP Certification when Available B-17. Notice t&Modify�the SWPPP B-18. SWPPP Retention PART C OPERATIONAL REQUIREMENTS C-1. Operation and Maintenance of Treatment and Control Systems C-2. SCM Clean-Out C-3. Polyacrylamides and Flocculants C-4. Residuals Management C-S. Corrective Actions C-6. Draw Down of Treatment Facilities for Essential Maintenance C-7. Bypasses of Stormwater and Wastewater TreatmentTacilities C-8. Upsets C-9. Required Notices for Bypasses and Upsets Pertnit No,NCGO20600 TPARTD�INACTIVEMINES)-DORMANTSTATUS— — --- D-1; Eligibility for Dormant Status D-2. •Division Revision or Revocation of DormantStatus D3: Renewal of Dormant Status - D-4. Manitoring,Under•Dormant Status, D-1 SCM Inspections Under Dormant Status D-6: Annual SWPPP Update Under Dormant Status PART E QUALITATIVE MONITORING OF rSTORMWATER DISCHARGES 'E-1 visualtnspections ,E-2. Qualitative.Monitoring Response PART.F ANALYTICAL MONITORING OFrSTORMWATER_`•DISCHARGES sT-1. Required,Baseline,Monitnriiig, F-2. 1aselinii Sampling Benchmarks'. F-3. Additional Baseline:Sainpling Betichmarksfor Clay;Mines,'Feldspar Oreand Lithium.Ore Mines. F-4.. Additional.BaselineSainpling'Benchmarks'forPhosphateand7hdustrialSand ,Mines. F-5.. Exceedance of In-Stream Water Quality StandaM for Turbidity F-6. Methodology for Collecting Samples F-7.. Locations for.Collecting Samples. F-8.. Tiee I Response:*Single Benchmark Exceedance F=4: Tier 1I'Response: Two Consecutive Benchmark Exceedances F=10. Tier IMRespohm-Four Benchmark Exceedances Within the Permit Term PARTG'. AUTHORIZED`WASTEWATER DISCHARGES'- G-1: Authorized WastewaterDischarges. G-2': .Mine Dewatering G-3: .Process Wastewater !G=4. Commingled,Storniwatet'andWastewater G-S. Discharges from Recycle Systems .li Permit No.NCG020000 PART ANALYTICAL MONITORING OF WASTEWATER DISCHARGES H-1, Wastewater Sampling Schedule H72. Parameters and Limitations H-3. Additional Parameters and Limitations for Clay Mines;Feldspar Ore and Lithium Ore Mines 1-14. Additional Parameters and Limitations for Phosphate and Industrial Sand Mines 11-5. Exceedance of In-Stream Water Quality Standard for Turbidity PART 1 SUBMITTAL OF DISCHARGE MONITORING REPORTS(DMRs) 1-1. Deadlines For Submittal for Discharge Monitoring Reports(DM Rs) 1-2. Submittal Process before Electronic Discharge Monitoring Reports(eDMR) 1-3. Submittal Process-after Electronic Discharge Monitoring Reports (eDMR) 1-4. Results.Below Detection Limits 1-5. Occurrences of No Discharge 1-6. Reports Required if More Frequent Monitoring Has Occurred 1-7. Report if Begin Discharging to a Waterbody Not Listed,in the Notice of intent I-8. Qualitative Monitoring Reports 1-5. Monitoring Report Retention PART.) OTHER OCCURANCES THAT.MUST BE REPORTED PART K PERMIT ADMINISTRATION K-1: Signatory Requirements K-2, General Permitlixpiration K-3. Planned Changes K-4. Transfers K5. When anlndividual Permit May beRequired K6. When an Individual Permit May be Requested K-7. General Permit Modification,Revocation and Reissuance,or-Termination K=8. 'Certificate of Coverage Actions. K--9.. Requirement to Report Incorrect Information K-10. Waivers from Electronic Reporting K 11. Annual Administeringand Compliance Monitoring Fee Requirements K-12. Flow,Measurements K-13 Test Procedures K 14. Representative Outfall, K-15. Availability of Reports iii Permit No:NCG020000 PART L COMPLIANCE AND LIABILITY L-1. Compliance Schedule L-2. Duty to Comply L 3: Duty to Mitigate L-4. Civil and Criminal Liability L-5. Oil and Hazardous Substance Liability L-6. Property Rights L-7. Severability ;L-8. Duty to Provide Information L-9. Penalties for Tampering, L-10. Penalties for PaNiBcation of,Reports. L'Yl: Onshore or Offshore Construction ,L-12. Duty to Reapply 1-11 'Inspection and Entry L-14. Need to Halt or Reduce not a Defense PART M! DEFINITIONS IV Permit No.NCG020000 PART A: NCG020000 PERMIT COVERAGE All persons desiring to have facilities covered by.this General Permit must register with the Division of Energy, Mineral,and Land Resources(tlhe Division)by the filing of Notice of Intent fN0i1 and applicable fees.TheN01 shall be submitted and a Certificate of Coverage COC issued prior to any discharge ofstormwa ter associated with industrial'activity Mint, dewateringwastewater,or.authorized process wastewater that has apoint source discharge to the surface waters of the state. This General Permit is applicablego mining and quarrying of nonmetallic minerals(except Lithium)including borrow pits(that would not be covered under the statewide DOT stormwater permit)and active or inactive mines that discharge stormwater contaminated with,or that has cone in contaetwith,.any overburden,raw material;intermediate products,Finished products,byproducts or waste products located at the site of such operations and stormwater runoff from vehicle maintenance areas.This General Permit also covers discharge of wastewater from processing mined materials and mine dewatering wastewater from the groundwater and/or stormwater that accumulates in the mine pit. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC'2H.0100,stating the reasons supporting the request Any application for an individuat permit shall be made at least 180 days prior to commencement of discharge. This General Permit does not cover activities or discharges covered by an individual NP.DES permit until-the individual.permit has expired or has been revoked.Any person conducting .an activity covered by an individual permit butwhich could be covered by this.General Permit may request that the individual permit be revoked and coverage under-this General Permit be provided.. Any.facility may apply for new or continued coverage under this permit until a Total Maximum Daily Load(TMDL)for pollutants for stormwater or wastewater discharges is established.A TMDL sets a pollutant-loading limit that affects a,watershed,or portion of a watershed,draining to an impaired water:For discharges to watersheds affected by a. TMDL,coverage under this permit may depend on the facility demonstrating it does not have reasonable potential to violate applicable water quality standardsTor those pollutants as a result of discharges.If the Division determines that discharges have reasonable potential to cause water quality standard violations,the facility shall apply for an individual permit 180 days prior to the expiration date of this General Permit After that individual permit becomes effective,the facility will no longer have coverage under this General Permit[Note the permittee must identify impaired waters in the Location Map or Site.Map, as outlined in the Stormwater Pollution Prevention Plan(SWPPP) Part B of this permit A list of approved TMDLs for the state of North Carolina can be found at hUps //degncgov/about/divisions/water resources 1anning/modelin - assessment/tindls. Page 1 of48 Permit No.NCG020000 Until'this permit expires or is modified or revoked,the permittee is authorized to discharge stormwater,mine dewatering,and process wastewater to,the surface waters of..North Carolina or a separate storm sewer system which has been treated and managed in accordance with,the terms.and.conditions of this General:Permit and the requirements of the permittee s'COC. This permit also authorizes operation of treatment works that are required to treat mine dewateiing or process wastewater'in accordance with NCGS 143 215.1'(a)(2). The permiitee's COC'is hereby incorporated by reference Into this General Permit Any, violation of the COC is a'violation ofthisteneral Permit andsubjectto enforcementaction as provided in the Generai Permit Any otherpoint source discharge•to.surface.waters of the state.Is prohibited unless itis an allowable non-stormwatei discharge or is covered by another permit,authorization„or. approval.The discharges,allowed bythis General Permit shallnot cause or contribute to violations of Water Quality Standards.Dischargesallowed bi this•permit rnustmeet applicable wetland standards as outlined in15A'NCAC'28'.0230 and.0231 and water quality certification requirements as outlined in,15A'NCAC 28.0500: If mining activities expand orchange afterissuance of the COC such that the.types of discharges are affected,the,permittee mustfirst contact the:Division to determine.if modifications to the COC are necessary.The permittee'is.also responsible forcontacting the Divisiorilf modifications to the Mining Permit are necessary,as compliance-with the Mining. Permit is a stipulation of this permit. Diversion or bypass of untreated wastewater from a'treatment facility is prohibited except under provisions of this permit in Cam' and Cam$orthis permit The issuance of this permit shall not relieve the permittee of the responsibilityfor damages to surface waters of the State resulting from the operation of a treatmentfacility- This.permit does not relieve the permittee's responsibility for compliance with any other applicable federal,state or iocalliw,rule,standard;ordinance,order or decree. Page 2 of 48 Permit No.NCG020000 PART B: STORMWATER POLLUTION AND PREVENTION PLAN (SWPPP) The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SWPPP).The SWPPP shall be maintained on site unless exempted from this requirement by the Division.The permittee-shall implement the SWPPP and all Best Management Practices(BMPs)consistent with the provisions of this permit,to control contaminants enteringsurface waters. These items shall exist for the duration of the permit term and be made available to the Director upon request and also shall be sent to the Regional Office upon request,The SWPPP shall be considered public information in accordance with K-1S of this General Permit The SWPPP.shall include,at a minimum, the following items: B-1. Responsible Party The SWPPP shall identify(a)specific position(s) responsible for the overall coordination, development,implementation,and revision of the SWPPP.Responsibilities for all components of the SWPPP shall be documented and position assignments provided. B-2. 'General Location Map The General Location Map shall be a USGS quadrangle map or appropriately drafted equivalent map thatincludes: (a) The facility's location in relation to transportation routes and surface waters; (b) The name of the receivingwaters to which the stormwater outfalls discharge,or if the discharge is to a municipal separate storm sewer system,the name of the municipality and the ultimate receiving waters; (c) Any impaired receiving waters use the most recent final integrated report fhttps://deq.nc.gov/about/divisions/water-resources/ lanning/modeling assessment/water-quality-data-assessment/integrated-report-files)to identify impaired waters; (d) If site is in a watershed for which a TMDL has been established,include a list of the parameter(s).of concern.(those exceeding water quality standards). B-3. Site Map The Site Map shall include the fallowing at a scale sufficient to clearly.depict all required features. At a minimum,the map shall include: (a) Site property/permit boundary,which shall be the same as the boundary in the Mining Permit; (b)' Site topography andfinished grade; (c) Buildings, roads,parking areas and other built-upon areas; Page 3 of 48 Permit No.NCGO20000 (d) Industrial activity area's(including:fueling,vehicle maintenance and repair,washing of materials or.equipment,storage of materials,disposal areas,processareas;doadng and unloading areas,and haul roads) (e) Stormwater discharge utfall and ktable of latitudes and.longitudes; (f) Drainage area for each outfall'with an estimation of impervious area percentage (g) Stormwater Control Measures(SCMs); (h): All stormwatercollection/drainage features;structures and directionof flow;. (i) On-site andadjacentsutface waters and wetlands; U) Instream sample locations for turbidity compliance(see 1•=55`and H-55);and (k) A'graphicscale and north arrow. B-4. Nai•ratheDescriptionof Industrial Processes The narrative description shall include: ,(a) Storage practices; (b) Loading and unloading activities (c) Outdoor,processareas, (d) Dust or,partici late generating and'controlprocesseS;. (e) Waste disposal practices;,and .(f) 'A'list oftbe potential pollutants that could be expected tobe.presentin the stormwater discharge from each outfall. 131=5. Evaluation ofStormwater,Outfalls On an annual basis,the permittee shall evaluate all stormwater outfalls for the presence of non- stormwater discharges. '(a) If no non-stormwater discharges are present,the permittee shall certify the evaluation results. This certification shall be dated and'signed in accordance with the requirements foundln K-1 and retained With the SWPPP, '(b) if uon-stormwater=discharges are present,,the permittee:shall identify the source and record; whether the dischargeis otherwise,permitted by.ruleora different permit.Thepermitteeshall evaluate the environmental significance of the non-stormwater.discharges.A summary wi tten recor&shall be.dated andsigned in accordance with,therequireinents found in'K T an&retalhed with the SWPPP. B.6. Mining Permit The SWPPP shall include a signed copy of the first"page.of the Mining Permit issued'by.the Division's'Mining Program.7he approved erosion and sedimentation control plan and the approved reclamation plan shall be retained on,site and available upon request.: (a) All'erosion,and sediment controls.required bythe Mining.Permiishall be inspected,and a- respective'Written record of repairs and maintenance shall be available to Division inspectors. Page 4 of48 Permit No.NCGO20000 (b) After a mining activity is released by the Division in accordance with NC G.S.Chapter 74, Article 7,the permittee.may submit a rescission form to the Division to rescind coverage under this General Permit B-7. Narrative Description of Stormwater BMPs Appropriate BM Ps may include,but are not limited to,vegetative swales;berms,,use of reclaimed mine areas,and reuse of collected stormwater(such as for an industrial process or as an irrigation source).in a manner that reduces pollutants in stormwater discharges leaving the site. The narrative description of stormwater BMPs shall include: (a)' Structural and nonstructural'practices to minimize the exposure and transport of materials in stormwater; (b) BMPs for mine excavation and disturbance areas,process areas,and any other areas associated with mining activity, (c) BMPs for vehicle maintenance activities ; (d) BMPs to limit or isolate land disturbance and process areas and limit the amount of off-site stormwater run-on to those areas;and (e)! BMPs to ensure that contaminants from drilling and.blasting do not enter surface waters. B,B. BMP Inspections BMPs shall be inspected by or under the directionof the permittee.at least once every seven (7)calendar days,unless the site'has dormant status.All inspections shall be documented and shall include: (a) A signed,written record of the inspection results,dates and any repairs/revisions made for each BMP;and (b) Documentation ofvisibleoff-site sedimentation including-an explanation of measures taken to remove the sediment that has left the site and,to prevent future releases. B 9.. Secondary Containment Plan In order to prevent leaks and spills from contaminating stormwater runoff secondary containment is required for: bulk storage of liquid materials including petroleum products; storage in any amount of water priority chemicals'listed in'Section 313 of Title III ofthe Superfund Amendments and Reauthorization Act.(SARA);and storage of hazardous substances in any amount. For facilities subjectto the federal Spill Prevention,Control,and Countermeasure (SPCC) regulation,the SPCC Plan may be used to support compliance with this requirement. The Secondary Containment Plan shall include: (a) A table or summary of tanks and stored materials equipped with secondary containment Page 5 of48 Permit No.NCG020000 systems; (b) Manually activated valves or other similar devices that ate securely closed with a locking mechanism if the secondary containmentdevices are connected to storinwater conveyance system; (c) A commitment to visually.obseive any accumulated stormwatee prionto release for color,. foam,ouifall staining;visible sheens;and dry weather flow; (d) A commitment to,only release accumulated stbrinwater that is uncontaminated by any material;and (e) Records on every release from a secondary cotitainmentsystemthat include: the individual making the observation,a description of the accumulatedstormwater,.arithe date and time ofthe releaser Thesexecordsshall'be kept for.a period of five,(5)years.. B-10: Spill Prevention and Response Procedures A responsible person shall be on-,site at albthries during facility operations that have potential to contaminate storniwatera unoff through spills'or;exposure of materials associated with the facility operations:For facilities subiect to the federai SPCC regulations therSPCC Plan may be ased to support compliance with this.perrriit The Spill Prevention and-Response Procedures(SPRP)shall'ipclude; (a) An assessment of areas of the facility where there is the potential for spills; (b) A list of trained,facility personnel responsible for irriplementing the-SPRP.; (c) A signed and'dmed'acknowledgement in which staff,members accept responsibilities for the SPRP; (d) A supply of spill responsematerials and equipment and,the locations for storing these. items;. (e)' Written.procedures for proper cleanup and'disposA of.spilledmaterials;and [t): A list of significant spills orrleaks of pollutants that have occurred during the.previous three(3)years and any corrective actions taken:to,mitigate,spill impacts.or the,notation that-no spills have occurred,. This list shall beupdate&bn annual.bas.is; B-11. PreventativeNaintenance and Good Housekeeping Program A preventative maintenance and.good housekeeping program (PMGHP)shall be developed and implemented,Mine Safety,and Health�Adhfinistration (MSHA)documentation maybe used to support.compliance with this permit The PMGHP shall include: [a) A schedule of inspections,maintenance,and housekeeping measures for industrial activity areas including;at a minimum,all material storage and handling areas,disposal-areas;process areas, loading and,unloading areas,haulroads,and Vehicle maintenance•areas.,Inspections shall occur At a minimum on a quarterly schedule Qanuary-March,April-June,July=September;October- December).. (b) A plan for disposing spent lubricants and fuels properly and in accordance with applicable. federal disposalxegulations; and Page b,of 48 Permit No.NCG020000 (c) A record of inspections; maintenance,and housekeeping activities B-12; ;Employee Training Employee training shall be developed and provided on an annual basis for facility personnel responsible for operations that have the potentiatto contaminate stormwater runoff. The training shall be documented by the date,signature,and printed or typed name of each employee trained.Signatures may be original'or electronic The annual employee training shall include,at a minimum,the following topics: (a) General stormwater awareness; (b) The provisions of the current•NCG020000 general permit. (c) Spill response training, (d) Used oil management; (e) Spent solvent management; (f) Secondary containment releases, (g) Fueling procedures. (h) Disposal of spent abrasives; (i) Sanding,.painting,and blasting procedures,and 0) Used battery management B=13. Representative Outfall Status if a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled,.the permittee may petition the Director for representative outfall status(ROS).if it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status,then analytical sampling requirements may be performed at a reduced number of outfalls. lfthe.Division has granted representative outfall status(ROS),.written documentation from the Division shall be part of the SWPPP. The,permittee shall notify the Division of any site or activity modifications that result in a change to ROS. The permittee must request reissuance of ROS by submitting a written request to the Division's Central Office within thirty(30)days prior to the expiration of this General Permit to maintain ROS B-14. Devices Exempt from Analytical Monitoring As-built plans,Engineer's Certification,design calculations sand approved construction drawings shall be included in the SWPPP or available on site for any device that will he exempted from analytical monitoring requirements under this permit Per F-5(c) of this permit,only basins or ponds designed to contain the 25-year.24-'hour storm without discharging,and that can regain capacity to hold such an event within five(5) days time through means other than discharge to surface waters may be exempted from analytical monitoring requirements. Pagel of48 Permit No. NCG020000. i 1145. Annual SWPPP Review and Update All aspects ofthe SWPPP shall be'reviewed and updated;on an annual basis.Theperinittee shall amend theSWPPP whenever there is a change-in design,construction;operation,aite drainage,maintenance,or configuration of the physical features.which.may have a significant effect on the potential for the discharge of pollutants to surface waters. In addition to the other items in Part of this permit,the SWPPP update shall include:' ._(a) A review and'.comparisotnof sample analyticaidata to benchmark values,(if applicable) over the;past year,including a discussion aboutTiered Response status.The permittee shall use the Division's Annual Summary Data•Monitoring Report(DMR)form;available from'the Stormwater'P.rogram's website (https://deq nc.gov%about/divisions/energy- mineral=land-resources/npd'es-storinwater-gps);and (b) A comparison ofthepermittee's estimate onrecofdofthepast,year'saverage'dailyand, maximum'd'aily,wastewater flow rates with-the permittee's'estimate of the coming year's average daily and'maximum daily wastewater How rates;taldnginto accountany changes in--the minefootprint or operationalproce.dures anticipatedin the coming year.. For:any anticipated',increased'.wastewater discharges into receiving waters classified as HOW or ORW,the permittee shali,compare the estimated increased discharge flow,rates to50'percent of the receiving water' Q10. B-16. Annual,On-LineSWP.PPCertificationwhen.Available After the Division's ePermittingsystem develops.the.capability to receive.thisinformadon;an on-line certiri*iowthat the'SWPPP annual update has been completed in a manner that meets the conditions of this permit B-17. Notice to Modify the SWPPP The-Director may notify the permittee when.the SWPPP doesnot meet one or more of -minimum requirements of thepermit.Within 30 d`ays of such notice,the permittee shall submit a time schedule to the Director for modifying the.SWPPP to meet minimum, requirements.Upon completion ofthe modifications,the permittee shall provide certification in writingin accordance with K-7 of this perinitto'the Director that the changes have been made., B48; SWPP,P Documentation- Copies of the SWPPP shall be maintained on-site and be available to the Division upon_ request These records or copies shall be maintained for a period of at least five years.This period may be extended by request of the Ditector at any time[40 CFR 122311. Page 8 of 48 Permit No.NCG020000 PART Q OPERATIONAL REQUIREMENTS Permitted mining operations shall be subject to the following operational requirements. C-1. Operation and Maintenance of Treatment and Control Systems The permittee shall at all times: (a) Properly operate and maintain all facilities and systems of treatment and control' and related appurtenances which are installed or used by the permittee to achieve compliance with the conditions of this permit (b) Implement laboratory controls and quality assurance,procedures for onsite labs and field parameter testing. (c) Operate back-up or auxiliary facilities orsimilar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit(40 CFR 122.41(e)]. C-2. SCM Clean-Out SCMs must be cleaned out when sediment storage capacity equals.or exceeds 50 percent of the design sediment Volume or if visible sedimentation is leaving the property. C-1 Polyacrylamides and Flocculants Polyacrylamides'(PAMS) and Flocculants shall be selected from the NC Division of Water Resources of Approved•PAMS/Flocculants list,available at htMs://d6u.nc.izov/about/divisions/water-resources/water-resources-data/water- sciences-home-page/anuati c-toxicology-branch/downloads and used in accordance with, the listed application doses. No other chemical hocculants shall be used in the treatment facilitywithout written authorization from the Division.Evaluated Polyacrylamicie (PAMS) information can be found on the Stormwater Permitting Program'website. Cr4. Residuals Management The residuals generated from treatment facilities must be disposed of in accordance with applicable standards and in a manner such as to prevent any pollutants from such materials from entering waters of the state or navigable waters of the United States. C-5': Corrective Actions The permittee shall take corrective actions if self-inspectionsrequired'by this permit identify a need for corrective actions,a facility fails to perform satisfactorily,or a facility creates of nuisance conditions.Corrective actions shall,include,but not be limited to: maintenance,modifications,or additions to existing control,measures,the construction.of additional or replacement treatment or disposal facilities,or implementation of new BMPs. Corrective actions shall be completed'assoon as possible considering adverse weather and' site conditions. C-6. Draw Down of Treatment Facilities for Essential Maintenance The permittee may draw down stormwater and wastewater treatment facilities if the drawdown is for essential maintenance to assure efficient operation and one of the Page 9 of 48 Permit No.NCGD20000, -following conditions is met: (a) Either treatment facilities shall be drawn down from the surface,or (b). Analyticalisamp'ling'dataoftke.waterstored-in thetreatmentfacilftydemonstrates thatthe discharge will not exceed benchmarks or violate effluent iittiitationsin this permit. The sampling data shall be collected'no more than 14 calendar days prior to. the'draw down. G7: BypassesofS.tormwater and Wastewater Treatment Facilities. Bypas is prohibited,and lthe Division may,,take enforcement action against apermittee:For bypass unless the permittee provides eigineeringevidence that all three ofthe following- cond'itions are met: '(a)- The bypass.was unavofdable'toprevent loss of,life,personal injury orsevere provcirty dam age, '(b). There were.no feasible'alternatives to the bypass,such as the use of-auxiliary contfol facilities,retention ofstormwater,or maintenance during normal periods of equipment downtime or dry beather:This condition is not satisfied if adequate- backup writrolsshould have b6n,installed in the exercise ofreasonable engineering judgmentto prevent dbypasstvhich occurred'durifig normal periods of equipment downtime or preventive maintenance;and (c] Thepermittee submitted notices-and identified the reason(t) for the bypass:as required under&9 below. C-8. Upsets Diversions.ofstormwaterand`wastewater from treatment facilities may be considered as an upset rather than a-bypass if die perrnitiee ean'demonstraw to the Director that all of the Fallowing conditions have been met. In any enforcement proceeding;the permittee-seeking to establish the occurrence of an upset has;Ahe lmrdenof proof. (a) The permittee'demonstrates that-the upset was not caused by operational error, improperly,'designed treatment or control facilities,lack of preventive inaintenance,,or+ careless or improper operation. (b)' Thepermittee agrees to take remedial measures if necessary. (c) The;Perim Mee submitted.notice,of the upset andddentifiedthecause(s) oftheupsetas required.under.C-9 below. C-9: Required Notice for Bypass or Upset After a pertnittee becomes aware'ofanoccurrence that mustbe•repoited,'the.pennittee shall contact the appropriate'Divisfon regional office within the'timeframes and in accordance with the requirements listed in'Table i below. Occurrences outside normal: business hours may also be reported to the Department's Environmental Emergency Hotline,at(800)'85&0.368. Page 10 of 48 Permit No,NCG020000 Table 1: Bypass and Upset Reporting Requ[rements. lent Reporting Requiremi nts> [40 GFR 122.41[m) Anticipated Bypass Written report at feast temdays prior to the anticipated bypass. The written report shall include an evaluation of the anticipated quantity,quality and effect of the bypass. Unanticipated Bypass or Upset- Oral or electronic notification within 24 hours of the event,. and Written report within 7 calendar days of the event. The written report shall include an evaluation of the quantity,quality and effect of the bypass. Page 11 of 48 Permit No.NCG020000 / - PART D: INACTIVE MINES / DORMANT STATUS'. The permitted facility is an active mine and the.permittee shall implement and comply with all permit conditions herein unless DonnantStatus is approved in writing by the Division: The•permittee may request approval of Dormant Status and.receive a temporary exemption,' from`monitoriug..requirements in this permit as,long as Dormant Status eligibility is. maintained..All'other.provisions of this permit remain-in effect regardlessof.;Dgrmant Status eligibility: D-1. Eligibility for;DormantStatus Inactive mines,thathave suspended ail.industrial activity-and stabilized the site are eligible for Dormant Status if all of the following have.heen achieved: (a) Thepertnittedfacilityls temporarily inactive and the siteh'asbeenstabilized; (b)' The permitted has submitted a written,,signed certification to.the Division's Central OFfice:that the facility is temporarily inactive and all:portions of the site where clearing,grading.and/or excavation activities have occurred are stabilized with permanent vegetation;. (c) An inspection from the Division's Regional Office staff••confirms,thai the site is inactive,stabilized andappropriate for issuance ofbormant,Status; ;(d) The Division's Central Office issues a•letter specificallygranting!Dormant Status for a period not to exceed the life of the permit, (e) The Dormant Status approvaihas not expired; (t) The Division s•letter granting Dormant Status,is keptwith the,SWEPP and is available-for inspection upon request;and (g) The permittee notifies the Division in writing within thirty(30)'days prior to reactivating and/or:commencing mining activity at the facility., D-2. Division Revision or Revocation of Dormant Status The Division may revise or revoke Dormant Status andany.associated.temporay permit exemptions in writing at any Revocation or revision shall be provided by issuance of a new Dormant Status letter,which "shall supersede any prior Dormant Status approvals. D-3. Renewal of Dormant Status. The permittee shall self-recertify that Dormant Status.conditions arebeing maintained annually by completing a Dormant Status Certification'Form{available at ij�tps:%/deq.nc:gQyJabout%divisions/en'erMftiifieral-land-resourcesnodes-industrial; stormwatgr),In this form,the permittee will certify that the facility is still temporarily inactive and allportions,ofthe sitewhere clearing,grading and/or,excavation activities. have occurred are stabilized with permanent vegetation.'This documentation shall be kept with the SWPPP and.available for inspection upon request The permittee must request reissuance-of Dormant Status in writing by submitting a written request to the'Divisiou's Central'Office within thirty(30)days prior to the,expiratfon of this General Per_mit'to maintain Dormant,Status.. Page 12 of 48 Permit No.NCG020000 D4. Monitoring Under Dormant Status The permittee shallperform and document all stormwater analytical monitoring, stormwater qualitative monitoring and wastewater monitoring in accordance with this permit unless specifically exempted from a monitoring requirement,in whole or part, in the Division's written Dormant Status approval letter. D-5. SCM Inspections Linder Dormant Status The permittee shall conduct monthly SCM inspections in accordance with this permit unless specifically exempted from SCM inspection requirements,In whole or part,in the Division's written Dormant Status approval letter. This exemption shall be based upon the Division's site-specific determination that SCM is not necessary because of sufficient permanent site stabilization. D-6. Annual SWPPP Update Under Dormant Status The permittee shall conduct an annual inspection of the site and revise the SWPPP accordingly.This documentation must be available for inspection upon request. Page 13 of 48. Hrmit N6.14CG020000 PART'E:. QUALITATIVE MONITORING OF STORMWATER•DISCHARGES The:purpose of qualitative monitoring is to implement a quick andinexPensive wayp evaluate the effectiveness of the permittee's' WPPP to identify thepotential for new sources ofstormwater pollution,an&to prompfthe permittee's response to pollution. E-1. VisualInspections (a) Visua4inspections shall be inade at each stormWater discharge outfall (SDO)that discharge's stormwater associated With"ind ust'rial activity unless representative outfall status specifically for visual'monitoring has,been approved in writing by-the Division. (b). Visual inspections shallaieperformed concurrentwith required analytical monitoring: (c) Visual inspections are not required to be.perfbrmed=outside of the facilitys normal, operaiing hours. (d) Visual Inspections,shall.be recorded on the Division$Stormwater Discharge.Outfail Qualitative Monitoring Report tOMR)form and;shall include observations of I. Color ii. Odor iii: Clarity iv. Floating Solids v._ Suspended Solids, vi. Foam: vii. OilrSheen Vill. Deposition ator immediately below the outfall. ix. Erosion at oritnmediately'below the outfall,and ai, Other obvious indicators ofstormwater.pollution. '(e) Inability to perform inspections because of adverseweatheronlack of discharge during the monitoring period shall not constitute a Failure to monitor if the event is documented in the'SWP,PP.and recorded on,the Qualitative Monitoring Report E-2. Qualitative Monitoring,Response (a) If the permittee's qualitative monitoring Indicates that the SWP.PP and/or existing stormwater BMPsare ineffective;or that sign ificantstormwater contamination is present,then the permittee shallinvestigate potential'causes,evaluate the'feasibility ofcorrective actions,and implement those feasible corrective actions within sixtIy (60)days. (li) A written record oft peririittee's investigation,evaluation,and response'ac6oiis shall be kept in theSWPPP. Pagea4 of 48 Permit No.NCGO20000 PART F: ANALYTICAL MONITORING OF STORMWATER DISCHARGES This part applies to industrial stormwater discharges ofstormwater-only flows from mining activity areas including,but notlimited to,areas of mine excavation,other land disturbance, process areas and vehicle maintenance. This part does not apply to wastewater discharges from mine dewatering and process areas or stormwater discharges that are comingled with wastewater. F-1. Required Baseline Sampling The permittee shall perform baseline sampling of all stormwater discharge outfalls and/or authorized representative discharge outfalls in accordance with this part. (a) Grab samples shall be collected,analyzed and reported_ for the parameters listed in Table 2. (b) Grab samples shall be analyzed for pH within 15 minutes of collection. '(c) The total rainfall amount for each sampling event shallbe recorded in inches. Total rainfall shall be determined from an on-site rain gauge or a regional rain gauge located within one(1)mile of the facility.. ,(d) Samples shall be collected from four separate monitoring periods,per year unless the facility is in Tier Two or Tier Three status. A minimum of thirty(30) days must separate sampling events: i. January 1-March 31 H. April 1-June 30 W. July 1-September'30,and iv. October 1 -December 31. (e) If the,facility was in Tier Two or Tier Three status under the previous permit,the facility shall continue monthly monitoring and reporting requirements until relieved by the provisions of this permit or the Division. F-2. Baseline Sampling Benchmarks (a) Analytic results for each:parameter shall be compared to the benchmark values for the appropriate receiving stream classification as provided in Table 2. An exceedance of a benchmark value is not a permit violation;however,failure to respond in accordance with F-2(b)below is a permitviolation. (b) An exceedance of any benchmark value shall require a tiered response for that outfall. A single exceedance of a benchmark value shall require a TierOne response for that outfall. Two benchmark value exceedances in a row shall require a Tier Two response for that outfall. Four benchmark exceedances for a,.parameter within the permit term shall require a Tier Three response for that outfall. (c) Baseline sampling benchmarks shall be in accordance with Table 2 below. Page 15 of 48 Permit No.NCG020000 Tahle2: Summary ofQuarterly Baseline Siunpling Re uhrements for.StormwaterDischarges Parameter` " Recetv7ng Stream Code fori Parameters �> Benchmark 4Reporting , `. Classid atlon(s) : C0530 TotatSuspendedSolids(TSSJ All'exceptbelow 160'mg/I' HOW.'ORW.IL PNA SOmg/l 00545 Settleable Solids.(SS). All 0.1 ml/I 000710,, Turbidity SeeF-5 46529' Total',Rainfall:of Sampled.Event .(inches) Forveliideo 'equIpmentmamtenance'areesivwhichmore;than55Gallonsofm_otorod" AR or:$�ilrauhc oils ied"of month.w}ie`n avers edsover Non Polar Oil'&Grease for 00552 drainageareasthatuseyS5 All 15mg/L gallons/month of oil on average per EPA Methdd1664(SGT-HEM) NCOIL- Estimated'average Monthly Oil Usage at the Fatilityi(gilions)- F-3_ Additional BaselineSampling Benchmarks for Clay M nes'Feldspar Ore,and Lithium Ore Mines. (a) Clay Mines,Feldspar Ore Mines,and,Lithium'Ore Mines shall monitor all of the parameters listed in Table 2•and,in addition,shall monitor the.parameters listed in Table I (b) An exceedance of any benchmarkvalue in Table 3 shall require a tieredresponse for all parameters..A Mngleexeeedance of a,benchmark value-shall require a Tier One response for.all,parameters..-Two:benehmarkvalue exceedancesin Wrowshall require a Tier'Two response for all parameters. 'Four benchmark exceedances for a.parameter within a five(5)year periodshall require a.Tier Three response for:all.parameters. Page 16 of 48; Permit No.NCG020000 Table 3. Additional Quarterly Baseline Sampling Requirements for Clay Mines,Feldspar Ore Mines and Lithium Ore Mines for Stormwater Dischar es Parameter Mine Type;' RecewIng Coddfor, Parameter - Stream Benchmark^ `Clays �'Feldspar, ;'Lithtuni ' _.'Mine._;' _ Ore _ _� .Oce 01105 Aluminum,total X X X Freshwater 0.75 mg/L Saltwater 0.24 mg/L Zinc,total Freshwater 0.126 mg/L 01092 recoverable(as Zn) X X Saltwater 0.095 mg/L 06951 Fluoride,total. X X X' All 6 m L 00900 Hardness,total X All N/A 00400 pHl X Freshwater, 6-9 Saltwater 6.8-8.5 01097 Antimony,total X Freshwater 0.34mg/L Saltwater None. 01002 Arsenic,total X Freshwater 0.15 mg/L Saltwater 0.069 mg/L C0034 Chromium III X Freshwater 0.905 mg/L Saltwater None 1 Grab samples shall be analyzedfor pH,within 15 minutes of collection. F-4. Additional Baseline Sampling Benchmarks for Phosphate and Industrial Sand Mines (a) Phosphate and Industrial'Sand Mines shall monitor all of the parameters listed in Table 2 and,in addition;shall monitor theparameters listed in Table4. (b) An excee dance of any benchmark value in Table 4 shall require a tiered response for all parameters. A single exceedance of a benchmark value shall require a Tier One response for all parameters. Two benchmark-value exceedances in a row shalLrequire a Tier Two response for all parameters. Four benchmark exceedances fora parameter within a five(5)year period shall'require a Tier Threeresponse for all'parameters.. Table4: Summary of Quarterl Baseline,Sampkng Requirements orStormwaterDischar es Parameter R;! ecetv3tig4 , C6de'f66 Parameter P,tiosphate=`i Stream; I Benchmark Reporlingf IndustrlalSand.!` Type; ,ai' 00951 Fluoride,total X X All 6 mg/L C0034 Chromium 1I1 X Freshwater 0.905 mg/L Saltwater one 39344 Alpha,Gross X X All. No Particle Activity benchmark Page 17 of 48 Permit No.NCGO26060 F-5. Monitoring Requirements for Turbidity (a). In accordance with 1SA NCAC 026,0202(21),the following valdes shall form the basis for the turbidity monitoring requirementsin this permit: I. 1O.NTUffor.freshwater streams,lakes,and reservoirs designated as trout waters. ii. '25 NTU for all lakes,reservoirs,and saltivaters. iii: 50 NTUr for all otherstreams and surface waters; (b) No discharge shall cause the tucbidi_ty in a receiving water to exceed(a) onto increase- .the turbidity levels ofa.receiving watenthat alreadyexceeds(a).The permittee shall demonstrate compliance with.this condition in one;ofthe following.ways: I. Collect and'analyze a grab sample at thestormwat&outfall If the grab sample is below(a),then the permittee shall be considered to have met the turbidity . requirements of this permit.If the grab sample exceeds'(a),then the.permittee may demonstrate compliance with the turbidity requirements of this permit as listed in (ii)or(iii)below during thesame storm event or the next measurable storm event .that meets F(6)(a). ii. *Collect and analyze a grab sample immediately downstream of the.discharge point If the grab sample`is below(a),then the permittee shall be'con'sideredto haveanet ,the turbidity requirements of this Permit.If the;grab sample exceeds(a),then the permittee may demonstrate compliance with the turbidityrequirements of this permit assisted it;@h)below duringthe samestorni event or+the next measurable, .scorns event that meets,F(6)(a),. iii. Collectand analyze grab samples both upstream and downstream oftheAscharge point.lithe data demonstrates that the discharge has not increased the turbidity of 'the receiving stream,then the'permitteashall be cohsidered'to have metthe turbidity requirements of this permit. (c) The result's of sampling conducted'pursuant to(b)above shall be reported'onthe•DMR. (d), The permittee may contact the Regional.Oftice for assistance in.defermining the best instream sample point.The Regional Office,may alsore'quire'the,permittee to relocate selfestablished instream sample,points:ifappropriate: (6) Failure to Remonstrate compliance with this condition shall require a tiered response. forthatoutfall. F=6. Methodology for Collecting Samples (a) Outfall monitoring effortsshall begin with.thefirst measurable storm eventinthe monitoring periodthat meets'all the following•conditions:. I. Occurs at least 48 hours after-the previous measurable storm.event unless'F-6(b); applies, R. Occurs during the facility's normal operating hours; III.. Does not coincide with adverse weather conditions:;and iv. Is characteristic of the volume and,natureof thepermitted discharge. (b) 'the 48-hourstorm-iiiterval may not apply if. Page 18 of 48 Permit No.NCG020000 i. The permittee is able to document that a shorter interval is representative for local storm events duringthe sampling period,and ii. The permittee obtains approval from the Division's Regional Office. iii. After authorization by the Division's Regional Office;a written approval letter must be kept on site in the permittee's SWEEP. (c) Grab samples shall be collected within the first 30 minutes of discharge from an outfall and continue until all outfalis that are discharging have been sampled. (d) Outfalis that are notsampled"during the first measurable storm event in the monitoring period shall be sampled during the next measurable storm event in the monitoring period until a sample has been collected. (e). If,during the entire monitoring period,there is no discharge from an outfall during any measurable storm event then the permittee shall: i. Report"No Discharge"in the DMR, H. Note"No Discharge"in the SWPPP,and iii. Submit the DMR within 30 days after the end of the monitoring period. (� Lack of a discharge from an outfall for the monitoring period shall not constitute failure to,monitor.as long as the above permit conditions are met. (g)' If the sampled storm event coincides with a known non-stormwater discharge that is deemed permitted under 15A NCAC 02.0106,then this shall be noted on the DMR. F-7. Locations for Collecting Samples .Samples shall be collected at stormwater discharge outfalls(SDOs)that discharge stormwater associated with industrial activity. If the Division has issued a representative outfall status approval letter,then the permittee shall collect samples from all SDOs in accordance with the SOO approval letter. (a) All samples shall-be taken'before the discharge joins oris diluted by any other waste stream,body of water,or substance. (b) Monitoring points as specified in this General Permit shall not be changed without written notification to and approval by the Division [40 CFR 122.41U11. (c) Analytical monitoring is not required for the outlet of any basin or pond designed to contain the 25-year.24-hour storm without discharging;and that can regain capacity to hold such an event within five(5) days'time through means other than discharge to surface waters: F-8. Tier One Response: Single Benchmark Exceedance The facility will remain in;Tier.Onestatus until three consecutive samples are under the benchmark or are inside the benchmark range for all parameters. (a) Ifanysampling result is above the benchmark valu0or any parameter at any outfall,then the permittee shall respond in accordance with Table 5 to identify and address the source of that exceedance for that parameter. Page 19 of 48 Permit No.NCG020000 (b) Each required response shall be documented in the SWPPP as each action occurs including;the date and-value of the benchmark exceedance,the date the Division's Regional.Office was notified of the exceedance,the inspection date,the personnel conducting the inspection;the selected feasible actions,and the'd_ate the selected feasible actions were completed. (c) Each.exceedance of a benchmark parameter shall individually require a Tier l response. (d), The Tier One response shall be in accordance with Table 5 below. Tdhle9. TierOeeRes onse foraBenchmarkExceedance Timgllne From„ ReceipKofSatnplitig; Tier One Required Response/Action 'Continuously L Document.th'e.exceedance and each required response%action in the SWPPP in accordancewithF-8(b)above. Within two weeks if.. Notify,the'Division's Regional Office of the exceedance date and value via email or,when it is developed,an electronic form, created by the Division for reporting'exceedances. iii. Conduct a stormwater management inspection. iv. Identify and evaluate possible causes of the benchmark exceedance. Within one month. vi Selectspecific,feasible courses of action to reduce concentrations of the parameter(s),of concern'including;but not limited to, source.controls,operational controls;;or physical improvements. Within two months vi..Implement the.selected feasible actions., F-9. Tier Two Response: Two ConsecutiveBenchinarkExceedances The facility will remain in Tier Two status'until.three consecutive samples are under the benchmark or are inside the benchmark range for,aliparameters: (a) if any two consecutive sampling results ina row for the-same parameter are above the benchmark value at an outf ill,then the,permittee shall respondInaccordaiice. with.Table G to identify and address the source of exceedances for that parameter. (b) Each required response shall be documented in the SW.PPP as each action occurs including the dates andvalues of the benchmark'exceedances,thedate the Division's Regional Office was notified of the consecutive'exceedances,.the inspection date,the personnel conducting the inspection;the selected feasible actions,the date the selected feasible actions were completed,and the monthly monitoring results. '(c) After implementing the specific feasible courses of actibn,•perform monthly monitoring at every outfall where a sampling resultexceeded the benct markvalue for two consecutive samples for all parameters until three samples.in a row are below the benchmarkvalue or are inside the'benchmark range, (d) If turbidity.is the exceeded parameter;monthly monitoring shall include in=stream' grab samples taken upstream and downstream of the discharge outfall. The Page.20 of 48 Permit No.NCG020000 permittee shall notify the Division about the locations of the upstream and downstream sampling points,. (e) Each pair of two consecutive exceedances of a single benchmark parameter at a single outfall shall constitute an event that requires a Tier Two response. Subsequent events shall not include the same exceedances that have been addressed in a Tier Two response. (I) The Tier Two response shall be in-accordance with Table 6 below. Table 6. Tier Two Res onse for Two Consecutive Benchmark exceedances jtTimeiine From— ReceiptkoBSau►plingl {filer' b.geyufi* Response/Action; Continuously 1. Document the exceedance and each required response/action in the SWPPP in accordance with F-9.(b)above. Within two weeks ii. Notify the Division's Regional Office in writing of the exceedance date and value. 'iii. Conduct a stormwater management inspection. iv. Identify and evaluate possible causes of thebenchmark exceedance. Within one month v: Select specific,feasible courses of action to reduce concentrations of the.parameter(s)of concern including,but not limited to,source controls,operational controls,or physical improvements. Within two months vi. Implement the selected.feasible actions. vii. Implement monthly monitoring of the exceeded parameter and continue until-three samples in row are below the benchmark value. If turbidity is the exceeded parameter,implement in- stream monitoring both upstream and downstream of the discharge outfall. F-10. Tier Three Response: Four Benchmark Exceedances Within the-Permit Term The facility will remain in Tier.Three status until three consecutive samples are under the benchmark or are Inside the benchmark range for all parameters: (a) If any four sampling.results within the permit term for any single parameterare above the benchmark value at a sampled outfall,then the.permittee shall respond in accordance with.Table 7to identify and address the source of exceedances for that parameter.atthat outfall. (b) Each required response shall be documented in the SWPPP as each action occurs including; the dates and values of the benchmark exceedances, the date the Division's Regional Office was notified of the consecutive exceedances,the, inspection date,the personnel conducting the inspection,the selected feasible actions,the date the selected feasible actions were completed,and the monthly monitoring results. Page 21 of 48 PermitNo:NCG020000 (c) The permittee shall prepare a written Action Plan,and submit tothe Division's Regional Office for review and approval within thirty(30)days of receipt of the fourth analytic monitoring data pointthat exceeds the benchmark value., At minimum,the Action Plan shall include: i. .documentation of the.four benchmark exceedances; Ii. an inspection report that covers the industrial activities within thedrainage area�of the outfall with the exceedances(includingthe date•of the'inspection and the personnel conducting the inspection); ifi., an evaluation of standard operating procedures and good housekee ;procedures; iv: identification of the source(s)of exceedances; v. specific actions that will'be;taken to.remedy the identified source(s)-with a schedule for compieting those actions;and vi. a monitoring,plan to verify that the Action flan'has addressed thesource(s): (d) The:permittee shall keep the Action Plan.inthe SWPPP and document when each specificaction was carried'out and by whom (e) The.permittee shall•coritact the Division's Regional Oflice:when All actions in the Action Plan are completed. (Q The Tier Three response sha 11 be in accordance with Table.1 below. Table7. Tier Three Res onseor Four Benchmark Exceedances Within Five Years TimellneFron,r -- ;ReceiptofFourtW Tler•;Th red RdOuired'Response/Achori. Sam`ffn .Resin[ Continuously. i; Document the exceedances and each requiredresponse/•actionin the SWPPP in accordance with F-10.ibj'above. ih Continue monthly monitoring for all parameters at the subject outfall and°continue until.threesamples'ib a row are below the, benchmark value. Within two weeks iii. Notify the Division's Regional Office in writing of the affected' .outfall,four exceedance dates and values, -iv. Conducta stormwater management in spection. V. Identify and evaluate possible causes of the benchmark exceedance. Within•one month, A. Prepare an Action Plan that should include specific;feasible courses of action to reduce concentrations of the'parameter•(s)of concern including,but not limited'to,source controls, operational controls;or physical:improveiients'and submit to the Division's Regional office for review and approval, Upon DEQApproval vii. Implement the approved Actioh•Plan. rAUpprovoed on Cpletion of viii.Notify the Division's Regional Office of Action Plan completion. Action Plan Page 22 of 48 Permit No.NCG020000 PART G. AUTHORIZED WASTEWATER DISCHARGES G-1. Authorized Wastewater Discharges (a) All proposed wastewater discharges shall be specifically listed in the Notice of Intent. (b) The permittee is only authorized'to discharge wastewater.specifically identified in the Notice of Intent and approved by the Division by issuance of the COC. (c) Wastewater discharges that may be authorized under this generalpermit are limited to the following. Any of those wastewaters commingled with stormwater shall be considered wastewater: i. Mine dewatering, K Process wastewater, iii. Comingled stormwater and wastewater,and iv. Discharges from recycle systems. (d) Mine dewatering discharges to land surfaces without the potential to discharge directly to surface waters and where no chemicals are used in the mining process maybe permitted by regulation under 15A NCAC 02T.0113(a)(16)-and are not subject to the provisions of this permit ,(e) Process wastewater discharges generated by any other activity shall not be authorized under this permitexcept allowable non-stormwaterdischarges permitted by 15A NCAC 2H.0106(f). G-2. Mine Dewatering (a) These requirements apply to all-mine dewatering.and Includes dewatering from pits for quarries,clay brick,sand and,gravel,borrow pits,and refractory mining,as well as mines with similar discharges. (b) Permittees conducting mine dewatering activities that have the potential to drain wetlands or other surface waters shall;implement a Pumping Operation and Monitoring(PO M) Plan approved by the Division'. The POM shall be submitted with the NOI for the Division's review and approval. Written Division approval of the POM is required prior to the discharge.of mine dewatering. (c) POM Plans shall include,but are not limited to:. i. Groundwater,monitoring strategies to demonstrate the effect of pumping, IL Detailed plans to maintain the surroundinghydrology that protects the affected streams and wetlands;. iii. Monitoring to demonstrate compliance,and iv. The pumping regime deemed necessary to protect affected streams and wetlands. (d): Approval of the POM Plan maybe required prior to coverage under this General Permit Page 23 of 48 Permit No:NCG020000 G-3: Process Wastewater (a) These requirements apply to all process wastewater from mining operations which includes,•burrnay not-be limited to,the water involved4n: i:. The slurry transport;washing;or sawing of mined material;, ii. Air emissions control or processing exclusive of..mining of sapd,gravel,and stone washing operations; m. Dimensions.tonecuttingoperations;,and`airscrubbingand'dustcontrol' operations, (b) Treatment may involve conveyance through erosion and sedimentation control; (E&SC)structures and/or-other engineered treatment systems. G-4. Commingled Stormwater and Wastewater (a) If authorized mine dewatering or process wastewaters'commipgle with stotmwater: prior-to discharge,then the permittee shall sample the.combined discharge as a wastewater discharge. (b) Sampling shall be performed during the discharge. These sampling events-mayor may not be associated with rainfall. G-5. Discharges'from Recycle Systems Authorized-process wastewater dischasges;(overtlows) from a.reeycle system to sUrface watersare subject to the.provisions,monitoring requirements;and effluent limitations in' this Generai Permit; Page'24 of 4B Permit No.NCG020000 PART H: ANALYTICAL MONITORING OF WASTEWATER DISCHARGES H-1. Wastewater Sampling Schedule (a) Wastewater discharges shall be monitored quarterly beginning on July 1,2 02 1. Sampling shall be performed in each of the four quarterly monitoring periods: i. January 1—March 31, ii. April 1—June 30, iii: July 1.—September 30,and iv. October 1—December 31. (b) If no discharge occurs during the sampling period,the permittee shall record"No Flow"or"No Discharge"within 30 days of the end of the sampling period in'the facility's monitoring records. H-2. Parameters and Limitations {a) Wastewater discharges shall not exceed the effluent limitations provided-in Table 8. (b) The permittee shall collectand analyze grab samples of wastewater effluent for pH, TSS,and Turbidity at each wastewater outfall. (c) Grab samples shall be analyzed within 15 minutes for pH. (d). Permittees discharging wastewater to receiving waters classified.as Ji2Vy QR yl SA SB.In or PNA shall also collect and analyze grab samples for Settleable Solids. (e) Permittees discharging wastewater to receiving waters classified as SA shall also collect and'analyze,grab samples of wastewater effluent for Fecal Coliform. (f) Permittees discharging wastewater to receiving waters classified as SA,SB and SC shall also collect and analyze grab samples of wastewater effluent for Enterococcus. (g) Any exceedance of the irnstream.water quality standard for turbidity shall require effluent,upstream and downstream monitoring for turbidity concurrent with quarterly monitoring per the schedule in 11-1(a). (h) Daily flow rate shall be recorded by a continuous flow measurement instrument Alternatively,pump curves and pump logs maybe used as a means to calculate the daily flow rate. (i) Effluent limitations for wastewater discharges shall beinaccordance with Table 8 below. Page 25 of 48 Permit No.NCG026000 Table 8: EffluentLimitations for Wastewater Discha es Parameter Monthly,K -: • Receiving Stream ' i •_ 1 Re ortin ;Paiartieter Classifi�atlon ' Average?' DailyMawmum.` Freshwater - 6.0-:9.02 00400 pH Range? Saltwater --- 6:8-8.57 For industrial sand For industrial sand and phosphate and phosphate All e8ceptbelow mines,25'mgJl mines,:4S mg/1 No limit for other N o limit for other C0530 TSS mine types; mine types HOW ORW 20 mg/I 30 mg/1 HOW/ORWI,p 1A 10,mg/1 15mg/l 00070 Turbidity 'See H=5 00545 Settleable Solids '0.1 ml/I 0.2 mi/I PNA.Tr 31616 Fecal Coliform4- S.A 61211., Enteracoccus4 SA,S-and,SL -- Daily Flow Rate(cfs) 1=/QJjVTLP.NA ---- 50%.of7Q10 I Note thatfora quarterlysampling schedule,the sample result counts as both the Daily Maximum and Monthly Average value. More frequentsamples•may be conducted to calculate averages,but all sampling events must be recorded on the DMR per 1'-5 of this permit. 2 Designated swamp waters can have a pH as low as 4.3 because of natural conditions.In such cases,Federal'EffluentGuldellnes(40 CFR§436)allow the lower range of the pH limitations.to be adjusted downward to no lower than 5.6.The permittee must sample instream to demonstrate a lower limit is.appropriate. 3 Grab samples shall be analyzed for pH within 15 minutes of collection.. 4 .In-SA,Stand SL waters,the DEQ-Division of Marine Fisheries.(DMF)-Recreationall Monitoring program includes Enterococcus monitoring. In orilySA.waters,the DEQ-DMF= Shellfish Growing Waters,monitoring program includes Fecal Eoliform monitoring. Page 26 of 48 Permit No.NCG020000 H-3. Additional Parameters and Limitations for Clay Mines,Feldspar Ore Mines,and Lithium Ore Mines (a) Wastewater discharges from Clay Mines,Feldspar Ore Mines and Lithium'Ore Mines shall not exceed the effluent limitations provided In both Table 8 and Table 9.The permittee shall collect and analyze grab samples of wastewater effluent for the listed parameters. (b) Permittees discharging wastewater from Clay Mines,Feldspar Ore Mines and Lithium Ore Mines shall also collect and analyze grab samples and report the sampling results for Chromium-but there are no effluent limitations associated with Chromium when discharging to saltwater. Table 9. Additional Quarterly Baseline Sampling Requirements for Clay Mine,Feldspar Ore Mines and Lithium Ore Mines for Wastewater,Dlschar es Parameter Mioe Type Receiving; Cade'fioN Parameter, Stream ' Monthly Daliy. Clay Feldspar Llthiam. Avg. Max Reporl3ng:'. Mine : Ore.' .Ore;'- r_ TYPe Freshwater 0.30 0.75 Aluminum, m L m L 03105 total X X X Saltwater 0.24 0.24 m L m L Freshwater 0.126 0.126 '01092 Zinc,total X X m L m L recoverable 0.095 0.095 Saltwater. m L m L 00951 Fluoride, X X X All 6 mg/L 6 mg/L total 00900 Hardness, X All N/A N/A total 01097 Antimony, X Freshwater m.3 L m 3 L total Saltwater None None Freshwater 0.15 0.15 Arsenic, m L in 01002 total X Saltwater U69 0.069 m L m L Chromium X Freshwater 0.117 0.905 C0034 Ill m L m L Saltwater I None None Page 27 of 46 Permit No.:NCG020060 H-4:. Additionat Parameters and Limitations for,Phosphate and Industrial'Sand Mines ,(a), Wastewater discharges from-Phosphate andindustrial Sand.Mines shall not exceed the effluent limitationsprovide in both Table 8'and Table 10: The perm ttee shall collect' and'anMyze grab samples of wastewater effluent for the listed parameters: (b) Permittees dischargingwastewater,from Clay,Mines,Feldspar Ore Mines and Lithium Ore'Mines shall alsocollect and analyze grab samples and reportthe sampling results for Chromium;and'Gamma/Beta but there are no dRuentlimita8ons associated with Chrorniu'm and'Gamma/Beta when discharging to saltwater. Table-10.53 mrnary of Q uartirly Baseline Sdmjo1kg,Rei uirements orWaslewaterDischar es s eceiving; ., _ Parameter Mine Type r+Stream. Code for i Farametir; kType,. Monthly 'Daily,W P 4 Avg, Re ordng e . :t Industrial i 00951, Fluoride,total X X -All 6-mg/L 6 mg/L Freshwater 0.117 0.905� C0034 Chromium III' X mg/L mg/L Saltwater None None 39344. Alpha,Gross X: 'X All None- None. Particle Activity H-S.. Exceedance of 1wStream Water Quality Standard for Turbidity (a)';In accordance with.l'5A NCAC 026.0202(21),the following values shall form the basis for the turbidity monitoring requirements in this permit: 1. 10 NTU for freshwater streams,lakes,and reservoirs designated as trout waters. H. '25'NTUfor.alllakes,reservoirs,andsaltwaters. iii. 50 NTUfdr all otherstreams and surface waters: (b) No discharge shall cause theturbidityn a receivingwater to exceed(a)or to increase the'turbidity levels of arrecefvfng water that already exceeds(a).The permittee shah' demonstrate compliance with this condition in one of the followingways: f., Collect and;analyze a grab,sample at the stormwater outfall.If the grab sample.fs. below(a),then-the permittee,shallibe considered to have mettheturbidity requirements of this permit.If thegrabsample exceeds(a);then th'eperniittee may demonstrate compliance with,the turbidity requirements of this permit a&Bted in, (if) or(iii)below during the same storm event or the next measurable storm event that meets F(6)(a). ii. Collect and analyzes grab sample immediately downstream:of.the discharge point. ,If the grab'sample is below(a),then the permitteeshall be considered to havemet the turbidity requirements of this permit.If the grab sample'exceeds(a),then the permittee may demonstrate compliance with the turbidity requirements:of this permiCas listed in(ill)-below during the same storm event or the next measurable- storm event.that meets F(6)(a). Page 28 of 48. Permit No.NCG020000 iii, Collect and analyze,grab samples both upstream and downstream of the discharge point.if the data demonstrates'that the discharge has not increased the turbidity of the receiving stream„then the permittee shall be considered to have met the turbidity requirements of this permit. (c) The results of sampling conducted pursuant to(b)above shall be reported on the DMR.. (d) The permittee may contact the Regional Office for assistance in determining the best instream sample point.The Regional 0ffice'may also require the permittee to relocate self-established.instream sample points if appropriate. (e) Failure to demonstrate compliance with thiscondition shall require a tieredresponse for that outfall.. Page 29 of 48 Permit No..N,CG020000 PART I; SUBMITTAL OF DISCHARGE MONITORING..REPORTS (DMRs) I., Deadlines for Submittal of Discharge Monitoring Reports 'Discharge'Monitoring'Repoits',(DMRs)shall'be submitted in,accordance with Table 11 below., For COCs.issued between March 1-31,June 1-30,September 1-30 or.Dec 1-31, sampling shall not commence untilthe next Sampling period following_initial issuance,of the COC. Table 11u Reporting Require ents Mid toringperladi , IDMR:Type , Deadline` , Notes Jul 1,;2021=Sep30 2021 'Papers lan31;2022 Ott 1,2021-Dec 31,2021 Paper' Jan 31,2022 Jan1,2022-Mar30;2022 Paperl .)ul31;2022. The deadline;toregisterin eDMR is Jan 1,2022 April 1,202Z" Jun 30,2022 Paper' ]uh31,2022' Jul 1-2022-Sep-30;2022 30 Days-affer Electronic' the monitorin The deadline to.reporth5n• and all sdbsegoentmonitoring g. eDMR is]un1,2022 periods period'ends 1 Paper DMRs will be submitted in accordance withd-2: 8 Electronic DMRs.will be submitted in.accordance with l-3.. I-2. Submittal Process before Electronic Discharge Monitoring Reporting(eDMR) Prior to eDMR,samples analyzed.in accordance with the.teims'offhis General'Perm it shallbe reported'as follows: (a) Sample results shall be recorded dn,Dischargg Monitoring.R'eport,(DMR)'forms provided by the Director. DMR forms are available on tbe'Divisiotrs'website https://deq nc.gov/about/divisions/energy-tnineral•land-resources/npdes- i n dustri al-sto rm water.). (b), DMRs shall be signed and certified bya person meeting the Signatory,,.requirements.iiti K-1. (c), Original,sign ed'DMR forms shall be scanned and uploaded to theelectronic 6 M R submittal form,which can be found by typing-"dea.nc:gov/Sw-Industrial"into a browser window and-hitting"enter." (d) Then,the original signed DMR Forms shall be mailed or otherwise delivered to:the appropriate'Regional Office whiclids4ndicatedat: htt�s�^//den.nc:gov/co nta6t/`regional-offices/. 1-3. Submittal Process after Electronic Discharge Monitoring Reporting(eDMR) Unless otherwise informed by the Director,permittees shall register in eDMR prior to- January 1,2022 and shall begimreporting discharge monitoring data using eDMR prior to Page30 of 40 Permit No.NC6020000 July 1,2022.Information about eDMR can be found by typing "https://deq.nc.gov/deq.nc gov/sw-edmr" into a browser window and hitting"enter." 1-4. Results Below Detection'Limits When results are below detection limit,they shall be reported in the format,"<XX mg/L." where XX is the numerical value of the detection limit. 1-5. Occurrences of No Discharge ,If no discharge occurs during the sampling period,the permittee,must record within 30 days ofthe end ofthe sampling period in the facility's monitoring records."No Flow"or"No Discharge"shall'be reported,on the:Discharge Monitoring Report(DMR). 146. Reports if More Frequent Monitoring Has Occurred Ifthe,permittee monitors any pollutant more frequently than required by this General Permit using test procedures approved under 40 CFR Part 136 and atasampling location specified in this General Permit,.the results of such monitoring shall be included in the data submitted on the DMR. Analytical results within the monitoring period shall be submitted no later than 30 days.from,the date the facility receives all the sampling results. For purposes of benchmark comparison,and Tiered response actions,the permittee shall use the analytical results from the first sample with valid results.. Permitteeis encouraged to take moresamples than required by permit during a monitoring period to help identify potential causes of exceedance(s). When taking additional samples,permittee may not use the additional sample With lowest results.for compliance purposes to:avoid taking actions to identify causes of parameterexceedances. AdditionaLsampling is,only for informational purposes. 1-7. Report if Begin Discharging to a Waterbody Not Listed in the Certificate of Coverage The permittee shalbrequest a modification to the COC the Division prior to discharging to a new SDO to a,waterbody that is not listed on the most curreht 000 for the mine to request a modification of COC. 1'-8. Qualitative Monitoring Reports The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided;by the Division and shall'retain the completed forms'owsite. Qualitative monitoring results shall not be submitted to the Division,except upon the Division's specific requirement to.do so,Qualitative Monitoring,Repart forms are available the Division's websitedh!Ws•P/deanc ov about/divisions/energy-mineral-land- resources/npdes-stormwater-gp_s)., 1-9, Monitoring Report Retention Copies ofthe following-reports shall be maintained'on-site or be.available electronically to the Division upon request:These records or copies shall be maintained for a period of at least 5 years from the date ofthe sample,measurement,report or-Notice of Intent application.This period may be extended by request-of the: 'Director at any time[40 CFR 122.41]. (a) Calibration and maintenance records, (b) Original strip chart recordings for continuous monitoring instrumentation, Page 31 of 48 Permit No.,NC6020000. Cc) Discharge Monitoring-Reports(DMRs) and eDMRor other electronic DMR report submissions, (d) Visual monitbring records,and, .(e) Copies-of all data usedxo complete the Notice of lntentto be covered by this.deneral- Permit.. Page'32 of48 Permit No.NCGQ20000 PART]: OTHER OCCURENCES THAT MUST BE REPORTED After becoming aware of an occurrence that must be reported,the permittee shall contactthe appropriate Division regional of iicewithin the timeframes and in accordance with the other requirements listed in Table 12 below. Occurrences outside normal business hours may also be reported to the Department's Environmental Emergency Center personnel at(800) 858-0368, The reporting requirements are listed in Table 7 below. Tablel2: Other Occurrences that Shall Be.Reported �Qccurrence ReportingTimehambs(Aft6hDitcoveo)and' jOth6r.Re ulrenients- Visiblesedimentdepositionina i. Within'24 hours,an oral or electronic notificatiom stream or wetland ii. Within 7 calendardays,a report that contains a description of the sedimentation eventand permittee actions taken to address it. Oil spills if they are: iii. Within 24 hours,an oral or electronic notification. The • 25 gallons or more, notification shall include information about the date,time, • less than 25 gallons but cannot nature,volume andlocation of the spill or release: be cleaned up within 24 hours, cause sheen on surface waters .(regardless of volume),or • are within 100 feet ofsurface waters(regardless of volume), Releases of hazardous substances iv. Within 24 hours,an oral or electronic notification. The in excess of reportable quantities notification shall include information about the date,time, under Section 311 of the Clean nature,volume and location of the spill or release: Water Act Ref.40 CFR 110.3and' 40 CFR 117.3)or section 102 of CERCLA(Ref:40 CFR 302.4)or G.S.143-215.85 Anticipated bypasses[40 CFR V. A report at least ten days before the date.ofthe hyna s 122.41(m)(3)1 ifpossible. The reportshall include an evaluation ofthe anticipated uali y and effect of the bypass. Unanticipated bypasses[40 CFR vi. Within 24'hours,an oral or electronic notification. 122.41[m)(3)] vii. Within.I calendar days;a report that includes an evaluation of the quality and effect of the bypass. Noncompliance with the viii. Within 24 hours,an oral orelectronic notification. conditions of this perinit that may ix. 'Within 7 calendar days,,a report that contains a endanger health or the description.of the noncompliance,and its causes;the environment. [40 CFR period of noncompliance,.including exact dates and times, 122.41(I)(7)] and if the noncompliance has not been corrected,the" anticipated time noncompliance is expected to continue;, and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance.[40 CFR 122.410)(6). X. Division staff maywaive the requirement fora written report on a case-by-case basis. Page 33 of 48 PermitNo.NCG020000 PART K: PERMIT ADMINISTRATION 'K-1'. Signatory Requirements All applications,reports,or information submitted to the Permitting issuing Authoriy shall be signed and certified'[40 CFR 122.4'1(k)]. (a) All Notices of Intent to be,covered`und'er this General-Permit shall be signed asfollows; I, For a corporation:by a responsible corporate officer.For the purpose of this Section,a'responsible corporate officer means: (a)a president,secretary, treasurer.or vice president of the corporation in charge ofa,piincipal business function;or.any other person who performs similar,policy or decision making functions for the corporation,,or,(b)the manager of oneor more manufacturing, production,.or operating facilities,.provided,the manager is.authorizedto.make Management decisions which govern the operation of the regulated facility including having,the explicit or implicit duty of making major'capital investment recommendations,and initiating and directing other comprehensive measures to assure long term environmentalcompliance with ,environmental laws and-regulations;the manager can ensure that the necessary- systems are established or••actions taken to gather complete and.accurate information for permit application`requirements;and where authority to sign• documents has'been assigned or.delegated'to the manager in accordance with corporate procedures: ii. Tor a,partnership orsole proprietorship:by a.general partner or-the proprietor,respectively;or Ili. For a municipality,State;Federal;or other public agency:by either a principal executive officer or ranking•elected official(40 CFR122.22]: (b) All reports required by the GeneralPermit and other information requested by the Permit lssuing;Authority shallbesigned by a person'describedinparagraph a,above or.by a duly authorized representative of that person.A person is a duly authorized representative,onlyif: 1. The authorization'is made in writingby.a person described'above; ii. The authorization specified either anindividual'or ap'osition having responsibility.for the-overall operationof the regulated facility.or activity, such as the position of plant manager,operator ofa well Orwell field; superintendent,a,position of equivalent responsibility,or ki individual or position having•overall responsibility for environmental matters forthe ,company,.Ckduly authorized representative may,thus be either a named 'individual cr.any individual occupying a named`position.);and' Ill. The written authorization-is submitted to;the Permit Issuing Authority [40,CFR 122:221. (c) Changes to authorization:If an authorization under parigraph,(b)of this section'is no longer accurate because a different individual or position•has tesponsibility;for the overall'operatfon of the facility,a new authorization satisfying the requirements of paragraph(b) of this section must be submitted to the Director prior to or together with any reports,information,or applications to be signed'by an Page 34 of 48 Permit No.NCG020000 authorized representative[40 CFR 122.221 (d) Any person signing.a document under paragraphs a.orb.of this section,or submitting an electronic report(e.g;i eDMR),shall make the following certification[40'CFR 122.22].No other statements of certification will be accepted. "l certify,under penalty of law, that this document and all attachments were prepared under.my direction orsupervision in accordance with a system designed to assure thatqualified personnel properlygother and evaluate the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsibleforgathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete.l am aware that there are significant penaltiesforsubmitting false information, including the possibility.offinesand imprisonmentforknowing violations.." K-2. General Permit Expiration General permits will be effective for a term not to exceed five years;at the end of which the Division may renew them after all public notice requirements have been satisfied.If .general permit is renewed,existing permittees do not need to submit a renewal request or pay.a renewal fee unlessAirectedby the Division.New applicants seeking coverage under a renewed general permit must submit a Notice of.lntent(NOI)to be covered and obtain a Certificate of Coverage—under the.renewed general permit[15A NCAC 02H.0127(e)]. K-3. Planned Changes The permittee shall'give notice to the Director as soon as possible of any planned changes at the.permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122,41(1)].This notification requirementincludes pollutants which are not specifically listed.in the General Permit or subject to notification requirements under 40, CFR Part122.42 (a). K-4.. Transfers This General Permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122,61.,The Director may condition approval in accordance with NCG5143-215.1,in particular NCGS 143-215.1(b)(4)b.1,and may require modification or revocation and reissuance of the Certificate of Coverage or a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary under the CWA[40 CFR.122.41(1)(3),122.611 or state statute,The Permittee is required to notify the Division in writing in the,eventthe permitted facilityis sold or closed, K-5. When an Individual Permit Maybe Required The Director mayyequire any owner/operator authorized to discharge under a Certificate of Coverage issued.pursuant to this General Permit to apply for and obtain an individual permit or an alternative general permit.Any interested person may petition the Director to take action under this paragraph.Cases where an individual permit may be required include,but are not limited to,the following: Page 35 of 48 Permit No.NCG020000 • (a). The discharger isa significant contributor ofpollutants; (b)' Conditions atthe permitted site change,altering the'constituents and/or. characteristics of the discharge such that,the"discharge no longer qualifies fora general permit; (c) Thedischarge Violates the terms onconditions'of this G'eneralPernlit; (d) A'change^has occurred in theavailabiiility'of demonstrated iechnologyor practices for.the controlbi abatement of pollufants'applicabla to the point. source; (e) Effluent limitations are promulgated for the poipt sources:covered by,this General.Permit; (f) A water-quality-management plan contaihingrequireinentsapplicabletosuch;poinC sources is,approved after the issuance ofthis'General Permit, (g) The Director deteiniinesat his or.berown discretion that an individual permit.isrequired. K 6. Whenai►.Individual Permit May be Requested Any permiffeeoperating under.thi's General Permit maygequest to.be excluded from the coverageofthis General Permitby,applying foran individualpermitrwhen an individual permit is issued to an,owner/operator the appilcability of this General Permitis automatically terminated on the effective date of the individual permit.. "K--7: General Permit Modificationi Revocation and Reissuatice,rorTermination • The-issuance of this General'Permit does,n6t,prohibit theYermit issuing Authority from reopening and modifying the General'Permit;revoking and reissuing the General Permit,or terminating therGeneral-Permit as allowed by the laws;rules;and regulations contained in Title 40,Code ofTederal Regulations,Parts'122 and123;Title:15A of the North•Carolina Administrative Code,Subchapter 2Ht0100;and North.Carolina General Statute 143-215.1,et A AEi y public notice'and opportunity fora hearing,the.GeneraPPermitmaybe terminated for cause.The filing.ofa request for:a'General Permit modification,revocation and. reissuance,:or termination does not stay any General Permit condition.The Certi ficate of over ` shall expire when:the General:Permitisterminated. K-B. Certificate of Coverage Actions Coverage under the Generil Permit may be modified,revoked and reissued,or terminated forcagse.,The notification of plan ned;changes.or:anticipaied noncompliance does not stay any General Permit cbnditi on [40,CPR 122AI(f)] K-,9: Requii•ementtoReportlncorrectlnt`ormation. Where the Perm itteebecomesaware that it failed to submit any relevant facts in.a Notice of do en :to be covered under this General Permif,or submitted incorrect information in that Noticeofintent application or,in any report to the Director it shall promptly,submit such facts or information,[40 CFR 122.41(l)(B)]. • Page 36.of 4B Permit No.NCQ020000 K40. Waivers.from Electronic Reporting If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access,then a temporary waiver from the NPDES electronic reporting requirements maybe granted and discharge monitoring data may be submitted on paper DMR forms or alternative forms approved by the Director Duplicate signed copies shall be submitted to,the mailing address above. See"How to Request Waiver from'Electronic Reporting"section below. The permittee may seek a temporary•electronic reporting waiver from the Division, To, obtain'an electronic reporting waiver,a permittee must first submit an electronic reporting, waiver request to the Division. Requests for temporary,electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty(60)days prior to the date the facility would be required under this permit to begin submitting,monitoring data andreports. The duration of a_temporary waiver shall not exceed 5 years and shall thereupon expire. At such time,monitoring data and reports shall be submitted electronically to;the'Division unless'thepermittee re-applies for and is granted anew temporary electronic reporting waiver hythe'Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found_on the following web page: hUps://deg.nc.gov/about/divisions/water- resources/edmr K 11, Annual Administering and Compliance MonitoringFee Requirements The permittee.must pay theadminfstering and compliance monitoring fee within 30(thirty.), days after being billed by the Division.Failure to pay the fee intimely manner.in accordance with 15A NCAC 21-1,0105(b)(2),may cause this Division to initiate action to revoke coverage under the General Permit. K-12. Flow Measurements Where required,appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected'and used to ensure the accuracy and reliability of measurements of the volume Of monitored discharges. K-11 Test Procedures Test procedures for the analysis of pollutants shall con form'to the F,®ulations published pursuant to NCGS 143-215.63 et.,seq,,the Waterand Air Quality,Reporting-Acts, and to regulations publislied.pursuant to Section 304(g),33.USC 1314,of the Federal Water Pollution Control Act,as Amended,.and Regulation 40 CFR 1,36. To meet the intent ofthe monitoring required by this General Permit,all test procedures must produce minimum detection and reporting levels and'all data generated must be reported down to'the minimum detection or lower reporting level of the procedure.if no approved methods are determined capable of achieving minimum detection andreporting Page 37 of48 PermitNo.NCG020000 level's below the General Permit discharge requirements,then the most sensitive•(method with the,lowestpossible detection and reporting level)approved method must be used- K-14: Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled,the permittee may petition the Director for representative outfall status.if it is established'that the stormwater•discliarges are "substantially identical and'the,permittee is'granted representative outfall'status.,then. analytical s ampling requirements may be performed at'areduced number of outfalls. K-15.. Availability of Reports. Except for data determined to be.confidential under NCO 143215.3(a)(2)or 5ectlim 308 of the Fe&ral'Act,33.USC 1.318,all reports prepared in dccordance with the terms shall be available;for public inspection,at the bffices.of the Division 'As required.by the&t analytical'data shall"not be considered confidential.Knowingly makingany false statement -on any such report may resultin.the imposition of criminal.penaltiesas provided for'in NCGS143-2.15.6B or in'Section,309',of the Federal!Clean-Water Act. Page 38 of 48 Permit No.NCG020000 PART L: COMPLIANCE AND LIABILITY L-1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: (a) Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be -developed and implemented within 6 months of the effective date of the Certificate of Coverage and updated thereafter on an annual basis.Secondary containment,as specified in Part-111 of this General Permit, shall be accomplished within 12 months of the effective date of the issuance of the Certificate of Coverage. (b) New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning,of discharges from the operation of the industrial activity.and be updated thereafter on an annual basis.Secondary containment, as specified in Part III of this General Permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity, (c) Existing facilities previously permitted and applying forrenewal underthis General Permit: All requirements, conditions, limitations, and controls contained in this. permit(except new SWPPP elements in this permit renewal)shall become effective immediately upon issuance of the Certificate of Coverage. New elements'of,the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within6 months of the effective date of this General:Permit and updated thereafter on an annual basis.Secondary containment,as specified in Part III of this General Permit shall be accomplishedprior,to the beginning of discharges: from the operation of the industrial activity. L-2. Duty.to Comply The.permittee must comply.with all conditions of this General Permit Any permit noncompliance constitutes a violation of the Clean Water Act(CWA)and is.grounds for enforcement action; for permit termination,revocation and reissuance,.or modification;or denial of a permit upon renewal application [40 CFR 122.411 (a) The permittee shall comply with standards or prohibitions established under section 307(a)of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions,even if the General Permit has notyet been modified to incorporate the requirement[40 CFR122.41]. (b) The CWA provides that anyperson who violates section[s]301,302,306,307;308, 318 or 40S of the Act, or anypermit condition or,limitation implementing any such sections in a permit issued under section 402,or any,requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8) of the Act, is subject to a civil penalty not to exceed$51,570 per day for each violation[33 USC 1319(d)and 40 CFR 122.41(a)(2)]. Cc) The CWA provides that any person who negligently violates sections 301,302,306, 307,309,318,or 405 of the Act;or any condition or limitation implementing any of such sections in a permit issued under section 402 ofthe Act,or any requirement Page 39 of 48 Permit No.NCG020000 imposed ina pretreatment program approved under section 402(a)(3)or402(b)(8). ofthe.Act,is subject to criminal penalties of$2,560 to$25,000-per day of violation, or.imprisonment of not mote than 1year,or both.In case of a second.or subsequent conviction for anegligentviolation,a'personshall liesubjectto criminal penalties of notmore than.$50,000 per day of violation;or by imprisonment of not more tlian 2years,or both[33 USC 1319(c)(1)and'40 CFR 122:41(a)(2)].. (d) Aoyperson who,knowingly violates such sectionsi orsuch conditions or limitations• is"subject to criminal,pe.nalties of.$5,000 to$50,000 per day of violation,or imprisonment for notmore than 3 years,or both.lathe case of a second or subsequent conviction for a knowing violation;a person shall be subject to criminal penalties of not more than$100,000 per day of violation,or:ithorisbnrnent of not more than 6-years,or both [33 USC4319(c)(2).and 40 CFR122:41(a)(2)1: (e) Any person who knowingly violates section,301,302-1 303;306,307,308,318 cr405 of the Act,or any permit condition or limitation implementing any of such sections, in a,permit issued under section 402 of the-Act,.and who knows at that time that he thereby places anotherperson in imminent danger of death or serlous'bodilyinjury, shall,upon conviction,be subject to a fine of not more than$250;000 or imprisonmentof not more than 15:years;.or both.In4he case of a,second'or subsequent conviction,f eaknowing endangerment violation,aperson,sballbe subjectto aline of not more than$500,000.orby imprisonment of not more th=80 years,or both.An organization,as defined in section.309(c)(3)(p)(iiij of the CWA, shall,upon conviction of violating the--imminentd'anget provision;be subjectto a fine of not more than$1,000,000 and can be fined up to'$2,000,000 for second or subsequent convictions,[40 CFR122:41(a)(2)]. (f) Under state law,a civil penalty-of not more than$25,000'per violatioh may be assessed against any person who:violates or fails to act in accordance with the terms; conditions,orre4uirements of a permit[North Carolina,General Statutes§143-. 215.6A]. (g). Any person may beassessedanad'ministrativepenalty'bytheAdministiatorfoi violating section,301,302>306,'307,308,31B or 405,ofthis Acti or any;permit condition or limitation impl'ementingany ofsuch sections in a permit-issue&under section402 of this Act Administrative penalties for Class[,violations are not to exceed'$20 628 per violation,With the maximum amount of any.Class I,penalty assessed not to exceed$51;570:Penalties for Class lI violations are riot to exceed $20,629 per day for each day during which the violation continues,with the maximuinamount of any Class II penalty not to exceed$257,848.;[33 USC 1319(g)(2)and 40 CFR122.41(a)(3)]; L-3. Dutyto Mitigate The:permittee shall'.take.all reasonable steps,to,minimize or prevent any discharge in, ,violation'of this,GeneraCPermitwhich has a reasonable likelihood of adversely affecting human:health or the environment[40 CFR 122.41(d)]. Page 40 of 48 Permit No. NCG020000 L-4. Civil and Criminal Liability Except as provided in Part.V,Section C of this General Permit regarding bypassine of stormwater control facilities,nothing in this permit shall be construed to relieve the permittee from any responsibilities,liabilities,or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6,or Section 309 of the Federal Act,33 USC 1319.Furthermore,the permittee is responsible for consequential damages,such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. L-5. Oil and Hazardous Substance Liability Nothing in this General Permit shallbe construed to preclude the institution of any legal action or relieve the permittee from any responsibilities,liabilities,or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq,or Section 311 of the Federal Act,33'USC 1321. L-6. Property Rights The issuance of this General Permit does not convey any property rights in either real or personallproperty,oranyexclusive privileges,nor does itauthorize any.injury to private property or•any invasion of personal rights,nor any infringement of Federal,State or local laws or regulations[40 CFR 122.41(g)]. L-7. Severability The provisions of this GeneralPermit are severable,and if any provision of this General Permit,,or the applicatiowof any provision of this General Permit to any circumstances,is held invalid,the application of such provision to other circumstances,and theremainder of this General Permit;shall not be'affected thereby[NCGS 15011-23]. L-8. Duty to Provide Information The.-permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the Permit Issuing Authority may request to determine whether cause exists,for modifying,revoking and reissuing,or terminating the General Permit issued' pursuant to this General Permit or to determine compliance with,this General Permit.The permittee shall also furnish to the Permit Issuing Authority upon request,copies of records requiredto be kept by this General Permit[40 CFR 122.41(h)]. L-9. Penalties for Tampering The Clean.Water Act provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any monitoring device or method required to be maintained under this General Permitshall,upon-conviction,be punished by a fine of not more than$10,000 per violation,or,by imprisonment for not more than two years per violation,or by both.If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph,punishment is a fine of not more than$20;000 per day-of violation,or by imprisonment of not more than 4years,or both[40'CFR 122141]. Page 41 of 48 Permit No.'NCG020000 L IO. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement representation,or certification in any record or otherdocum'entsubmitted or.requ iredeto be maintained under this General Permit;including monitoring•reports or reports of compliance or noncompliance:shall;upon conviction;`be punish` bya.fine of not more than $10,000`per violatibn,orby,imprisonnient•fornot_morethan twoyearsper violation,or by both [40;CFR 122.41]. L-116 Onshore or Offshore Consttvction, This General Permit does not authbrize or approve thetoifsiruction of anyonshore'or offshore physical "structures or.facilities or the undertaking,ofany work in any navigable wafers. 142: DutytoReapply Dischargers covered by,this'General•Permitneed not submit a newNotice of Intent(901)or' renewal request unless so directed by the Division.If the Dipision:chooses notto renew-this General Permit the permittee will be notified to submitah application for an individual permit[15A NCAC 02H i0127(e)]. L-13. Inspectioti and Entry. The,permittee shalFallow the Direc or;or an authorized representative'(including.an outhorized'contractor acting as a representative'of the Director);of in:the.case ofafaciliry� which discharges'through a`niunici aR I sen'arate'storm sewer system.'anauthorized representatibe.of a mugidpal'operator or•the separate storm sewersystem receiving the discharge;upon•the.presentation'bfcredentials and other;doniments'as may be'.'required by. law"to: (a) Enter upon the perniittee's premi'ses.where a.regulated facility oractfx4yisloeated or conducted,orwhere records.mustbe keptunder.the conditions of this General, Permit; (b) Have access to and"copy,at reasonable times,any;recordsibatmustbe kept under. the conditions of this;General Permit; (c) Inspect at reasonable times any,facilities,equipment{including mon toringand' control•equipment);practices,,ot'aperations;regulated or requited under this. General Permit;and [d): Sample ormonitor at-reasonable times,for the purposes of as'suring.pertnit compliance or-as otherwise authoiized.by,,the CleanWaterAct,any.substances or, parameters At anylocation[40 CFR 122;410j]; L-14:-. Need to'Halt or keduce Not a Defense It shall notbe.a defense-for a perm itteein an enforcement action that itwould have.been necessary to halt or reduce the permitted.activityin<orderto maintain colnpliancewiththe condition of this"General Permit[40 CPR 122.411c)]. Page 42 of 48 Permit No. NCG020000 PART M: DEFINITIONS Additional definitions for.the NPDES Program may be found in federal rule at 40 CFR Part 122.2 and in the effluent limitation guidelines for the Mineral Mining and Processing Point Source Category at 40 CFR Part 436. Act See Clean Water Act. Adverse Weather Weather,conditions are those that are dangerous or create inaccessibility for personnel, such as local.800ding,high winds,or electrical storms,or situations that otherwise make sampling impractical: When adverse weather conditions-prevent collection of samples during the sample period,the permittee must take a substitute sample or perform a visual assessment duringthe next qualifyingstorm event Documentation of an adverse event (with date,time and written narrative)and the rationale must he included with your SW PPPrecords.Adverse weather does not exempt the permittee from having to file a monitoring.report in accordance with the sampling schedule.Adverse events and failures to monitormustalso be explained and reported on the relevant DMR. Allowable Non-Stormwater Discharges This General Permit regulates stormwater discharges.Non-stormwater discharges which shall be allowed in thestormwater conveyance system include: (a) All other discharges that are authorized by-a non-stormwater NPDES permit (b) Uncontaminated groundwater,foundationdrains,air-conditioner condensate without added chemicals,springs;,discharges of uncontaminated potable water„waterline and fire hydrant flushings;.water from footing drains,irrigation waters;flows from riparian habitatsand wetlands. (c) Discharges resulfing.from fire-fighting or.fire-fightingtraining,or emergency shower or eye wash as a result of:use in the event of an emergency. Best Management Practices(BMPs) Measures or practices used to•reduce the amount of pollution entering surface waters:. BMPsmaytake theform of a process,activity,or physical structure.More information on BMPs canoe found at::http:%/cfpub.epa.gov/nudes/stormwater/menuotbmps/index.cfm. Bulk Storage of.Liquid Materials. Liquid raw materials,in-process liquids and reactants,manufactured products;waste materials orby,#oducts contained-in single aboveground container,'tank,or vessel having a capacity a,f greater than 660 gallons'or contained in multiple:above ground containers,tanks,or vessels located in:close proximity to each other having a total combined.capacity of greater than 1,320 gallons. Page 43 of 48 Permit No.NCG020000 Bypass The:known diverston.ofstormwater from any portion of a control facility including the collectiomsystem,or the diversion of waste streams from anyportion ofa treatmentfacility including the collectionsystem,whi&is'not a designed-or established operating mode for the facility.. Certificate of Coverage The Certificate of Coverage(COC)'is the cover sheet which'accompanies a.generalpermit upon issuance.and lists the facility name,location,receiving stream;river basin;effective .date of coverage under the general permit and:is signed by,the Director.. Clean WaterAct The Federal Water Pollution Control'Act,also known as_;the Clean WaterAct,(CWA),as amended,33USC 125.1,'etseq. Division The Divi'sionbf Energy;Mineral,andland Resources,Depi rtmentof Environmental Quality (DEQ),formerly the Department of rivironnient and Natural Resources: Director The Director of the Division of Energy,Mineral;and,Land Resources;the permit issuing, authority. EMC The North Carolina Environmental ManagementCominission: Grab Sample An individual sample collected instantaneously.Grab samples that will be analyzed (quantitatively or qualitatively)should be taken withinthe first 30 minutes of discharge.: Hazardous Substance Any substance designated.under 40'CFR Part 116 pursuant to Secti6n31-1.of the Cleary Water Act. High Quallty Waters(HQW) SupplementaLNortlt Carolina.watenquality classification intended toprotectwaters which are rated excellent based on biological and physical/chemical characteristics through,Divisioif monitoring or special'studies,dr:HQW by definitions (a) Water Supply Watershed i(WS-1), (b) Water Supply Watershed It (WS-11), (c) Water Supply Watershed III(WS•111), '(d) SA waters(commercial shellfish), (e) Outstanding ResourceWaters(ORW),, (0: Primary Nursery Areas and other functional nursery areas designated by Marine Fisheries Commission,or (g) Waters for which the Division of Water Resources has received a petition'for reclassification to eitherWS40rWS-il, Page 44 of48 Permit No.NCG020000 Measurable Storm Event A'storm event that results in an actual discharge from the permitted site outfall. Mine Dewatering' See Code of Federal Regulations for definition applicable to specific mineral mining subcategories in 40 CFR Part436.The term"mine dewatering" (wastewater) means any water that is impounded or that collects in the mine and is pumped,drained,or otherwise removed from the mine through the efforts of the mine operator.For the Construction Sand and;Gravel'Subcategory and Industrial Sand Subcategory,"mine dewatering"also includes wet pit overflows caused'solely by direct rainfall and,ground waterseepage.In this context, and also from 40 CFR Part 436,the term"mine'means an area of land,surface or underground,actively mined for the production of either crushed and broken stone (Crushed Stone Subcategory),sand and gravel (Construction Sand and Gravel,Industrial Sand Subcategories),or other mine product,from natural deposits. Municipal'Separate Storm Sewer System(MS4) A stormwater collection system within an incorporated area of local self-government such as a city or town. Notice of Intent The state application form which,when submitted to the Division,officially indicates the Facility's notice of intent to,seek coverage undena general permit. Outstanding.Resource'Water(ORW) Supplemental'North Carolina water quality classification intended to protect unique and special waters-having excellentwater quality and being of exceptional state or national,ecological or recreational significance.To qualify,waters must-be rated"excellene'by the NC Division of Water Resources,and have one of the following outstanding resource values: 1. Outstanding.fish habitat and fisheries, 2. Unusually high level of water based recreation or potential for such kind of recreation, 3. Some special designation such as.N.C.Scenic/Natural River,or National Wildlife Refuge, 4. Important component of state or national park or forest; or 5. Special ecological or scientific significance(rare or endangered species habitat,research or educational areas). All ORWs are also considered High Qualify Waters(HQW)by.supplemental classification. Permit Issuing Authority The Director of the Division of Energy, Mineral,and Land Resources(see"Director"above). Permittee The owner or operator issued a.Certificate of Coverage pursuant to this General Permit. Point Source Discharge of Stoririwater Any discernible,confined and discrete conveyance including,but not specifically limited to, any pipe,ditch,channel,tunnel,conduit,well;or discrete fissure from which stormwater is or may be discharged to waters of the state. Page 45 of 48 Permit No.NCO020000 Primary Nursery Area(PNA) Areas in the estuarine system that provide essential•habitat for,the early development of commercially important fish and shellfish as defined by the NC Marine Fislieries Commission. These areas are usually located inthe uppermostsections:ofasystem'wherepopulations are uniformlyveryearly juveniles. The Division of Marine Fisheries is responsible for preserving, protecting and developing Primary NurseryAreas for commercially important finfish and shellfish., Process Wastewater Any water which,during manufacturing.or processing comes,into direct contact with or, results from the production or use of any raw material',intermediateproduct,finished product,byproduct,or waste product See Code of Federal'Reguladonsin.40 CFR Part 122.2. Representative Oinfall Status Wltenitis established'that the discharge of stormwater runofffrom a single outfall is representative of the discharges at'multiple outfalls;the Division's Regional Officemay grantrepresentative outfall status.Representad've'outtali status.(ROS);allows the permittee .to perform analytical monitoring at a.reduced number ofoutfalls. 'SA Primary North Carolina watenquality, classification to protect tidal saltwaters:that are used for commercial shellfishing or marketing purposes and are also protected for alLClass 5C acid Glass.SQ. uses. All SA waters are also HOW by supplemental classification. SB• :Primary North"Carolina water quality classificationintended to protect-tidal saltwaters for a16sc uses in addition to primary,recreation Primary recreational activities'include swimming,skin diving,water,skiing;and similar usesInvolving humanbody contact with water where_such activities take place in an organized manner or on a frequent,basis.. Sc Primary North Carolina watenquality_classification'intended'to protect tidal salt waters for secondary recreatioirsuchas•fishing,boating;and other activities involving minimal skin'contact; fish and noncommercial shellfish consumption;aquatic,life propagation and survival;and'%vildlife. Secondary Containment Spill containment for the contents of the single largest-tankwithin•the containment structure plus sufficient freeboard'to contain the 2_S-ygar:'24-hourstorm event. Section 313 Water Priority Chemical' A chemical or chemical'caiegory which:. (a) 1s listed in40 CFR 372.65 pursuant to.Section313 of Title 111 ofth'e Sup erfund Amendments and Reauthorization Act(SARA) of 1986;,also titled the Emergency Planning and Community,Right-to-Know Act of.1986;' (b) Ispresent at or above thresh6ld levels at a facility subject to SARAtitle 111,Section 313 reporting requirements;and (c) Meets at least of the following criteria: • Is listed in appendix D of 40 CFR Part 122onTable 11 Corganicpribrity,polluthiits),-Table Ill.(certain metals,cyanides,and phenols).orTable-IV(certaintosiicpollutants and hazardous substances); Page 46 of 48 Permit No.NCG020000 • Is listed as a hazardous substance pursuant to section 311(b)(2)(A)of the CWA at 40 CFR 116.4; or • Is a pollutant for which EPA has published acute orchronic water quality criteria. Severe Property Damage Substantial physical damage to property,damage to the control facilities which causes.them to become inoperable,orsubstantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.Severe property damage does not mean economic loss caused by delays in production: Significant Spills Includes,but is not limited to:releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act(Ref.-40 CAR 110.3and 40 CFR 117.3) or section 102.of CERCLA(Ref:40 CFR 302A). Stormwater Discharge Associated With Industrial Activity This term is defined in 40 CFR 122.26(14). Stormwater Control Measure(SCM) A permanent structural device that is designed,constructed,and maintained to remove pollutants from stormwater ru naff by promoting setline or filtration; or to mimic the natural hydrologic cycle'by promoting infiltration,evapo-transpiration,,post-filtration discharge,reuse of stormwater,or combination thereof. Stormwater Discharge.Outfall(SDO) The point of departure of stormwater from a discernible,confined,or discrete conveyance, including:butnot limited to,storm sewer pipes,.drainage ditches,channels,spillways,or channelized'collection areas,from which stormwater Flows directly or indirectly into waters of the State of North Carolina. Stormwater Runoff The flow of water whichsesults from precipitation and which occurs immediately following rainfall or as aresult ofsnowmelt Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing,processing or raw material storage areas at an industrial site.Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14):The term does not include discharges from facilities or activities excluded:from the NPDES program, Stormwater Pollution Prevention Plan(SWPPP) A comprehensive site-specific plan which details measures and practices to.reduce stormwater pollution and is based'on an evaluation of the pollution potential of the site. Total Maximum Daily Load(TMDL) TMDLs are written plans for attaining and maintaining water quality standards,in all seasons,for a specific water body and pollutant.A Iist of approved TMDLs for the state of North Carolina can be Found at htto//nortai.ncdenr.org/we jwq/ps/mtu/tmdl. Page 47 of 48 Permii No.NCG020000 Toxic Pollutant, Any pollutant Listed as toxic under Section 307(a)(1)of the Clean Wat&Act. Trout.Wafer(Tr) Supplemental NC waierqualityclassifieation intended to protect'freshwaters fornatural trout propagation,and'survival'of stocked trout onayear round basis.This is not the same as the NC Wildlife•Resources Commission's Designated-Putilic Mountain Trout Waters. Upset An exceptional incident m which there'is'unintentionalandtemporaiy noncompliance with technology-based permiteffluentlimitations becauseoffactors beyondthe reasonable conirol'of the perm ttee. An upset does notinelude noncomplian-ce to the extent caused`byoperation5l'error,. improperly designed treatmentor controPfacilitfes,inadequate treatment co ntrolfacilities;'lack ofpreventive maintenance;or careless,or.improper operation'., Vehicle Maintenance Activity Vehicle-rehabilitation;mechanical repairs,painting,fueling,.lubrication;vehicle cleaning c pecations;'or airport deicing,Operations, Visible Sedimentation Solid particulate matter,both mineral and organic,that has been or is being.t"ransported'by water,air,gravity,pe-4ce from its site oforigin which can be seen with,the unaided,eye. 25-year,24-h6ur§torin.Event The maximum 24.hour,precipitation event ezpectedta tie equaled or gxceeded;on'the, average,.once In 25 years. I age 48 of 48,. This page intentionally left blank. Piedmont Lithium Carolinas Inc. Stormwater Pollution Prevention Plan NPDES No.NCG020000 Appendix C r Appendix C — Mine Permit No. 36-35 Piedmont Lithium Carolinas Inc.I Stonnwater Pollution Prevention Plan NPDES No.NCG020000 �� Appendix C F This page intentional ft blank. ROY COOPER Governor ELIZABETH S.BISER Secretary WILLIAM E.TOBY VINSON.JR. NORTH CAROLINA Interim Director Environmental Quality May 7. 2024 Ms.J. Monique Parker Senior Vice President,Safety, Environmental & Health Piedmont Lithium Carolinas, Inc. 42 E Catawba Street Belmont, NC 28012 RE: Carolina Lithium Project Mining Permit No.36-35 Gaston County Catawba River Basin Dear Ms. Parker: The application for a mining permit for the above referenced mine site has been found to meet the requirements of N.C.G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No.36-35 were based primarily upon information supplied in the application with conditions added as necessary to ensure compliance with The Mining Act of 1971. N.C.G.S. §74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina As a reminder,your permitted acreage at this site is 1.548 acres and the amount of land you are approved to disturb is 964 acres,as indicated in the application and on the Mine maps sealed March 13,2024. Please review the permit and contact Adam Parr, State Mining Engineer, at (919) 707-9220 of any objection or questions concerning the terms of the permit. Si ccr ly, c .tom i Ila .Toby Vinson.Jr., Interim Director Division of Energy, Mineral,and Land Resources Enclosures: Mine Permit#36-35 cc: Mr.Jerry Eplin, PE Mr. Beau Thomas- DOL. Mine and Quarry Bureau, w/o enclosures D_E Q� North Carolina Department or Emb-o mental Quality I Division of Energy.Mineral and land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleigh.North Carolina 27699-lbl2 —�-���+� /� 919.707.92OO DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY,MINERAL.,AND LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of N.C.G.S.§74-46 through 68,"The Mining Act of 1971,"Mining Permit Rule 15A NCAC 05B,and other applicable laws,rules,and regulations Permission is hereby granted to: Piedmont Lithium Carolinas, Inc. Carolina Lithium Project Gaston County-Permit No.36-35 for the operation of a Lithium Mine Which shall provide that the usefulness,productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality,hereinafter referred to as the Department,and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However,completed performance of the approved Reclamation Plan is a separable obligation,secured by the bond or other security on file with the Department,and may survive the revocation or suspension of this permit. This permit is not transferable by the pennittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation,by virtue of a sale, lease, assignment or otherwise,the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the pernittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the pernittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit,or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation, or suspension by the Department. Alternatively,and in addition to the above,the Department may institute other enforcement procedures authorized by law. I. Definitions. N.C.G.S. 474-49. Wherever used or referred to in this permit,unless the context clearly indicates otherwise,terms shall have the same meaning as supplied by the Mining Act,N.C.G.S. §74-49. H. Issuance and Modifications. N.C.G.S. &74-52. May 7.2024: This permit has been issued to Piedmont Lithium Carolinas,Inc.for the operation of lithium mine. Mining activities shall occur as indicated in the application, on the Mine maps sealed March 13, 2024, and the supplemental information received August 31, 2021, December 16, 2021,_June 21, 2022, February 24,2023, May 1, 2023, September 8, 2023,November 30, 2023,January 18, 2024, and March 15,2024. The permitted area at this site is 1,548 acres and the area approved to disturb is 964 acres. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017- 209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still apply for new,transferred,and modified mining permits. III. Operating Conditions. N.C.G.S. §74-51. This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. §74-46, et. seq., and to the following conditions and limitations: 1. Compliance with State,Local,and Federal Regulatory Authorities. A. The issuance of this permit shall not obviate the need for the Permittee to obtain and maintain all other applicable Local,State,or Federal permits,licenses,or approvals. Page 3 B. No mining activities shall occur until all necessary permits,zoning,or approvals have been received for which they are required. 2. Wastewater and Mine Dewatering. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C.Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program and any other required permitting agencies to secure any necessary stormwater permits or other approval documents. 3. Air Ouality and Dust Control. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to mitigate dust leaving the permitted area. C. The permanent access (plant entrances)roads shall be paved from its junction with state- maintained roads and permanently stabilized,as indicated on the mine maps sealed March 13,2024. D. Temporary construction entrance or gated limited use entrances will be built and maintained in accordance with the mine maps sealed March 13, 2024, or in compliance with item 111.3.C. 4. Buffer Zones. A. Any mining activity affecting waters of the State,waters of the U.S.,or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N.C. Environmental Management Commission. B. Sufficient buffer, as indicated on the Mine Maps sealed March 13, 2024, shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation ofthat waterway or wetland from erosion ofthe affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Mine Maps sealed March 13, 2024,shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures,entrances, and approved earthen berms,shall remain undisturbed. 5. Erosion and Sediment Control. A. The operator shall notify the Mooresville Regional Office, Division of Energy, Mineral, and Land Resources,at least 48 hours prior to beginning any of the initial land disturbing activities indicated in the approved application for a mining permit and any modifications to this permit thereafter. -- - - - - - -- - - Page 4 B. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland, or natural watercourse in proximity to the affected land. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures,shall be conducted as indicated on the Mine Maps sealed March 13,2024. D. An erosion and sediment control plan(s)shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include,but are not limited to,expansion outside ofthe approved pit area,creek crossings,or expansion of overburden or waste disposal areas. 6. Groundwater Protection. A. Groundwater monitoring wells shall be installed and monitored as indicated in the Monitoring Well Construction Plan,Water Supply Well Mitigation Plan, and Waste Rock Pile Monitoring and Treatment Plan received January 18, 2024, and updated March 12, 2024,and the In-Pit Groundwater Monitoring Well Plan Received March 15,2024. B. The observation wells denoted in the Monitoring Well Construction Plan received January 18, 2024, shall be monitored I year prior to initiating any excavations of consolidated material (rock)in the initial pit area to allow for the determination of pre-existing(static) groundwater levels. C. The observation wells shall be drilled wells cased into consolidated rock and grouted to the surface. The wells(boreholes) shall be extended at least 50 feet below static water level, or at least 50 feet into unweathered rock, whichever is deeper-when there are multiple wells within 20 feet of each other only one well shall need to meet this requirement. The wells shall be secured against unauthorized entry with a lockable cap. The necessary permits or approvals to construct these wells shall be obtained from the N.C. Division of Water Quality. D. The observation wells shall be monitored, at a minimum, quarterly at approximately the same day. The static water levels shall be measured with an accuracy of plus or minus 0.1 foot and shall be referenced to a datum point and a record of the water levels maintained. The quarterly precipitation and the volume of pit water discharge shall also be recorded. Copies of these records shall be maintained at the site and shall be provided to the Department upon request. Static water level monitoring frequency may be increased or decreased as deemed appropriate by the Department. E. If the permanent observation well fails to function for monitoring purposes,deeper or new observation wells shall be installed. F. The operator shall immediately cease dewatering activities and rectify any adverse impacts to neighboring wells caused by the dewatering activities at the site as per the Water Supply ----Well-Mitigation Plan received January 18,2024. Dewatering activities may resume once any adverse impacts to neighboring wells have been rectified. G. The operator shall notify the Department of any adverse impacts to groundwater supplies observed within 48 hours of discovery. Page 5 H. The operator shall rectify any adverse impacts to groundwater caused by the Above Ground Waste Rock Storage or In-Pit Waste Rock storage as indicated in the Waste Rock Pile Monitoring and Treatment Plan received January 18,2024,and updated March 12,2024, and the In-Pit Groundwater Monitoring Well Plan Received March 15,2024. 1. The operator shall submit an analytical report on a yearly basis of the ground water levels and quality changes or affects that occur within the observation wells and provide adjustments to the Water Supply Well Mitigation Plan,and Waste Rock Pile Monitoring and Treatment Plan received January 18,2024, and updated March 12, 2024, and the In- Pit Groundwater Monitoring Well Plan Received March 15, 2024, to ensure that neighboring wells are not affected by the operation. The report shall reference water quality and ground water levels as per condition III.6.A.. The report shall be submitted with the Annual Reclamation Report. 7. Protection of Surface Waters and Wetlands in Non-directly Impacted Areas A. Surface Water Monitoring for the Above ground Waste Rock pile shall occur as indicated in the Waste Rock Pile Monitoring and Treatment Plan received January 18, 2024, and updated March 12,2024. B. The operator shall rectify any adverse impacts to surface waters caused by the Above Ground Waste Rock Storage as indicated in the Waste Rock Pile Monitoring and Treatment Plan received January 18,2024,and updated March 12,2024. 8. Permanently Marked Boundaries. A. All mining permit boundaries(1548 acres)shall be permanently marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. B. Before and during site development,limits of disturbance, for any active disturbed areas, as indicated on the Mine Maps sealed March 13,2024,shall be marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. 9. Graded Slopes and Fills. A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event,exposed slopes or any excavated channels,the erosion of which may cause off-site damage because of siltation, shall be planted, or otherwise provided with groundcover,devices,or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore,a minimum ten(10)foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after May 7,2024. C. Waste rock piles shall not be constructed with steep,near vertical side slopes. Side slopes shall be constructed .in such a manner as to provide for a stable, safe configuration at reclamation. D. The Above-Ground Waste rock Pile shall be constructed as indicated on the Mine Maps sealed March 13,2023,and in the Waste Rock Pile Liner System Basis of Design received January 18,2024,and updated March 12,2024. E. The In Pit Waste Rock Pit Backfills of the South and East Pit shall be constructed as indicated on the Mine Maps sealed March 13, 2024, and in the Waste Rock Pit Backfill Plan South and East Pits,received May 1,2023. - - - - - - — — — — — — - - — Page 6 F. The materials used in the In Pit Waste Rock Backfill Plan shall be limited to materials that are generated during the development of permitted mining operations, such as topsoil, overburden, unsaleable rock, excavated sediment, and fines created by crushing and processing,etc. i. The material used in the In Pit Waste Rock Backfill placement may only be generated at this permitted site. ii. No materials created by other producers such as recycled asphalt products,crushed concrete,byproducts from the creation of concrete or materials from another public or private construction project shall be allowed in the excavation fill placement. iii. No tree debris or other LCID materials shall be allowed in the In Pit Waste Rock Backfill. 10. Surface Drainage. The affected land shall be graded so as to prevent collection of pools of water that are,or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 11. Blasting. The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 1I1.11.13 and 111.11.13 of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. In all blasting operations,the maximum peak particle velocity of any component of ground motion shall not exceed Figure 11-1(below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house,church,school, or public,commercial,or institutional building. Page 7 Figure 11.!-Allou able Peak Particle t elaciry by Frequency 10.0 10-0 y a c 'u O y 2.0 2 watt 2.0 0 1.5 � t-S C 4 1.$ 1.0 4 0. 4.75 iMsec 0.4 0.7 m GA0.: C 0. 0.3 0.5 0.4 0.1 Q E i 0.2 tt 02 0.1 t 4 10 20 3o 100 Blast Vibration Frequency, Hz Figure I Aitemarive biasting level cnterra (Source modified from figure B-1 Bureau of Mines R•,8507 i B. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W=(D/D,)' (EQ. 8.1) D.= D/W"' (EQ. 8.2) V= 160(D,)-'` (EQ.8.3) W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more(pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator. (feet). D, = Scaled distance factor. V = Peak Particle Velocity(inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. - - - - - - - - - — - - - -- — - - - Page 8 C. Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL)as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school,or public,commercial,or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Measuring System(Hz) Max Level(dBL) 0.1 Hz or lower-flat response 134 peak 2.0 Hz or lower-flat response 133 peak 6.0 Hz or lower-flat response 129 peak D. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U=82(D/W0.33)-1.2 (EQ 8.4) To convert U(psi)to P(dBL): P=20 x log(U/2.9x 10-) (EQ 8.5) Confined Air blast/Overpressure(dBL)for quarry situation: A= P-35 (EQ 8.6) U = Unconfined air overpressure(pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more(pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator(feet). P = Unconfined air overpressure(decibels). A = Air blast or air overpressure for typical quarry situations(decibels). The air blast/overpressure shall not exceed 129 decibels,for the purposes of this Section. E. The operator shall maintain records on each individual blast describing: i. date and time of the blast. ii. the total number of holes. ill. pattern of holes and delay of intervals. iv, depth and size of holes. V. type and total pounds of explosives. vi, maximum pounds per delay interval. vii. amount of stemming and burden for each hole. viii. blast location. ix. distance from blast to closest offsite regularly occupied structure. Page 9 X. weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However,blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. H. Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: I. A thorough investigation as to the cause(s)of the incident shall be conducted. ii. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall,at a minimum,document the cause(s)of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet the approval of the Department before blasting may resume at the mine site. 1. The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedance of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. The operator shall,when requested by the Department,give 24-hour advance notice to the Division of Energy, Mineral, and Land Resources' Regional Office prior to any blast during a period for which notice is requested. K. The operator shall comply to their Piedmont Lithium Blasting Impact Study as submitted on December 17,2021, and modified on June 21,2022. - - - - - - - - - - - - - - - - - - - Page10 12. Highwall Barrier A physical barrier consisting of large boulders placed end-to-end,fencing,or a sound barrier wall, shall be maintained at all times at the mining permit boundary to prevent inadvertent public access. In addition, a secondary barrier shall be maintained at the perimeter of any high wall sufficient to provide mine operator safety as required by the NC Department of Labor. In addition,a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 13. Visual Screening. A. Existing or enhanced vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods,such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. Vegetated earthen berms, planting buffers, or screening sound wall shall be located and constructed as shown on the Mine Maps sealed March 13, 2024. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 14. Buffer Between Mining Permit Boundaries and/or Right-of-ways. Sufficient buffer, as indicated on the Mine Maps sealed March 13, 2024, shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 15. Refuse Disposal. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy,Mineral,and Land Resources,Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by N.C.G.S. §74-49 (14)of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral, and Land Resources considers the following materials to be"mining refuse" (in addition to those specifically listed under N.C.G.S. §74-49(14)of the N.C.Mining Act of 1971): i. on-site generated land clearing debris. H. conveyor belts. iii. wire cables. iv. v-belts. V. steel reinforced air hoses. A. drill steel. Page 11 D. Mining refuse associated with the Above-Ground Waste rock Pile and the In Pit Waste Rock Backfill shall be disposed of as indicated on the Mine Maps sealed March 13,2023, and in the Waste Rock Pile Liner System Basis of Design received January 18,2024,and updated March 14, 2024, and the Waste Rock Pit Backfill Plan South and East Pits, received May 1,2023. E. If any mining refuse not already detailed in 111.15.13 is to be permanently disposed within the mining permit boundary,the following information must be provided to and approved by the Division of Energy, Mineral, and Land Resources prior to commencement of such disposal: i. the approximate boundaries and size of the refuse disposal area. H. a list of refuse items to be disposed. iii. verification that a minimum of 4 feet of cover will be provided over the refuse. iv. verification that the refuse will be disposed at least 4 feet above the seasonally high-water table;and, V. verification that a permanent vegetative groundcover will be established. F. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations for the purposes of recycling and reuse provided that the following conditions are met: i. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean,inert material. H. Used,clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. iii. No used,clean concrete material shall be permanently disposed of onsite. iv. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off-site. IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S. 574-55. An Annual Reclamation Report and Annual Operating Fee in accordance with N.C.G.S. §74-55 shall be submitted to the Department by September 1 of each year until reclamation is completed and approved for release by the Department. V. Prior Approval Required for Plan Modification. N.C.G.S. 574-52. The operator shall notify the Department in writing of the desire to delete,modify or otherwise change any part of the mining,reclamation,or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. VI. Bonding. N.C.G.S. 574-54. The security, which was posted pursuant to N.C.G.S. §74-54 in the form of a$1,000,000.00 surety bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. - — -- — — -- — — — — — — — Page 12 VII. Archaeological Resources. N.C.G.S. 870-3. 1. Minimum Requirements. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N.C.G.S. §70-3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act,"should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist,North Carolina Division of Archives and History. VUL Approved Reclamation Plan. N.C.G.S. 574-53. The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit, Additionally,the Reclamation Plan is a separable obligation of the permittee,which continues beyond the terms of the Mining Permit. To comply with N.C.G.S.§74-53 the approved plan will provide: 1. Minimum Standards. A. The final slopes in all excavations in soil,sand,gravel,and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. B. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. C. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices,and which is suitable for the proposed subsequent use of the land. D. No small pools of water shall be allowed to collect or remain on the mined area that are,or are likely to become noxious,odious,or foul. E. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. F. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan,which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. 2. Reclamation Conditions. A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to backfill the South and East Pit excavations and allow the North Pit and West Pit excavations to fill with water, provide a permanent barricade(fence)along the top of any high wall, and grade and revegetate any areas in unconsolidated material as indicated on the mine maps sealed March 13,2024 and the Waste Rock Pit Backfill Plan received May 1, 2023, and the above ground Waste Rock Pile construction and sequence received January 18,2024,and updated March 12,2024. Page 13 B. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: i. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. H. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. iii. Compacted surfaces shall be disced, subsoiled, or otherwise prepared before revegetation. iv. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Conditions Nos. 111.15.A through III.15.F. V. The affected land shall be graded to prevent the collection ofnoxious or foul water. vi. Any waste rock piles remaining within the permit boundaries shall be permanently stabilized as indicated on the Mine Maps sealed March 13,2024,the Waste Rock Pit Backfill Plan received May 1, 2023, and the above ground Waste Rock Pile construction and sequence received January 18, 2024, and updated March 12, 2024. At all times, waste rock piles shall be maintained in a manner so as to provide for a stable,safe configuration. C. Once fill operations begin and following fill operations concluding at design final elevations, post fill monitoring shall begin and shall include at least annual visual inspection of the stabilization, slope, and general condition of the final fill surface. Any reseeding, final elevation repairs, etc., that are needed to prevent ponding, safety, and stability issues, and minimize erosion shall be conducted following the annual inspection. Details of this inspection and repair shall be included in the annual reclamation report. Post fill monitoring shall continue to be conducted annually until fill operations have ceased and the site has been inspected for two consecutive years with no repairs necessary. The Department shall be provided with notice when this post fill monitoring is scheduled to end. D. At the time of notice to the Department that post fill monitoring is scheduled to end and prior to release,the operator shall provide to the Department proof that a note ofthe mining reclamation activity has been recorded on the deed or notice of the mining_ reclamation activity has been filed for the property with the local Register of Deeds. 3. Reveeetation Plan. After site preparation,all disturbed land areas shall be revegetated as per the Seeding measures on sheet OOG-013 of the mine maps sealed March 13,2024,and included in the Detail on Waste Rock Pile Construction and Sequencing received January 18,2024 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass,bluestem,and gamma grass. In addition,the pernittee shall consult with a professional wildlife biologist with the N.C.Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan. Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any Page 14 mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. IX. Issuance and Modification Summary. N.C.G.S. 574-51 and 474-52. This permit is hereby issued to Pied nt Lithium Carolinas nc. this 7th day of May 2024 pursuant to N.C.G.S. §74-51. c By. l William E. Toby Vinson,Jr.. Interim Director Division of Energy, Mineral,and Land Resources By Authority of the Secretary Of the Department of Environmental Quality NOTICE REGARDING THE RIGHT TO CONTEST A MINING PERMIT DECISION Right of Persons Aggrieved to File a Contested Case for the Issuance of,or Modification to,a Mining Permit: Pursuant to NCGS 74-61 and NCGS 150B,Article 3,a party or person aggrieved may file a contested case by filing a petition under NCGS 150B-23 in the Office of Administrative Hearings within 30 days after the Division makes the decision and posts the decision on a publicly available website. General Filing Instructions: A petition for contested case hearing must be in the fonn of a written petition, conforming to NCGS I50B-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church Road, Raleigh NC, 27609,along with a fee in an amount provided in NCGS 150B-23.2. A petition for contested case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at Mips://www.oah.nc.gov/hearings-divisiort/filing/hearing-forms. Additional specific instructions for filing a petition are set forth at 26 NCAC Chapter 03. Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means authorized under 26 NCAC 03 .0102.on the process agent for the Department of Environmental Quality: William F. Lane.General Counsel North Carolina Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 1 f the party filing the petition is a person aggrieved other than the permittee or permit applicant,the party must also serve the permittee in accordance with NCGS 150B-23(a). t t t Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information is available at littns://www.oali.tic.rov/hearines-division/hearine-r)rocess/f line-contested-case. Please contact the Office of Administrative Hearings at (984) 236-1850 or oah.00stmaster(Doah.tic.eov with all questions regarding the filing fee and/or the details of the filing process. This page int do Q<ftb ink. FN HDR Engineering, Inc. of the Carolinas 440 S Church Street, Suite 1200 Charlotte, NC 28202-2075 704.338.6700 NC License F0116 hdrinc.com ©2024 HDR, Inc., all rights reserved This page intentionally left blank. F)l HDR Engineering, Inc. of the Carolinas 440 S Church Street, Suite 1200 Charlotte, NC 28202-2075 704.338.6700 NC License F0116 hdrinc.com ©2024 HDR, Inc., all rights reserved l