NPDES Permit No. IL 0055824

Notice No. 5419c

Public Notice Beginning Date: 

### February 1, 2010

Public Notice Ending Date: 

### March 3, 2010

National Pollutant Discharge Elimination System (NPDES)

Permit Program

Draft Renewed and Modified NPDES Permit to Discharge into Waters of the State

Public Notice/Fact Sheet Issued By:

Illinois Environmental Protection Agency

Bureau of Water, Division of Water Pollution Control

Permit Section

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794

- 9276

217/782

- 0610

Name and Ad dress of Discharger: Name and Address of Facility:

Alpena Vision Resources, L.L.C. Alpena Vision Resources, L.L.C.

314 East Chisholm Street Spartan Mine

Alpena, MI 49707 3.6 miles NE of Sparta , Illinois

( Randolph County )

The Illinois Environmental Protection Agency (IEPA) has made a tentative determination to issue an NPDES permit to discharge into

waters of the state and has prepared a draft permit and associated fact sheet for the above named discharger. The Public Not ice period

will begin and en d on the dates indicated in the heading of this Public Notice/Fact Sheet. Comments will be accepted until the Public

Notice period ending date indicated above, unless a request for an extension of the original comment period is granted by the Agency.

Int erested persons are invited to submit written comments on the draft permit to the IEPA at the above address. Commentors shal l

provide his or her name and address and the nature of the issues proposed to be raised and the evidence proposed to be presen ted with

regards to those issues. Commentors may include a request for public hearing. The NPDES permit and notice number(s) must ap pear

on each comment page.

The applicant is currently reclaiming a previous underground coal mine (SIC 1222). Mine operations result in the discharge of acid mine

drainage and stormwater discharges.

As provided in Section 309.115(a) of the Act, any person may submit a request for a public hearing and if such written commen ts or

requests indicate a significant degree of public i nterest in the draft permit, the permitting authority may, at its discretion, hold a public

hearing. The Agency shall issue public notice of such hearing no less than thirty (30) days prior to the date of such hearin g in the

manner described by Sections 3 09.109 through 309.112 of the Act for public notice. The Agency's responses to written and/or oral

comments will be provided in the Responsiveness Summary provided when the final permit is issued.

The applicant is reclaiming the surface facilities of a p revious underground coal mine (SIC 1222). Mine operations result in discharge of

acid mine drainage from coal refuse disposal piles and stormwater discharges.

Public comments are invited on the following proposed modifications incorporated into this ren ewal:

Incorporate an additional 20.0 acres including stormwater Outfall 002 into Permit area previously approved as a soil borrow area.

Permit was transferred from Old Ben Coal Company to Alpena Vision Resources, L.L.C.Public Notice/Fact Sheet

- Page 2

- NPDES Permit No. IL 0055824

This facility has two ( 2 ) existing discharge s which are located in Randolph County, Illinois. The following information identifies the

discharge points, receiving streams, and stream classifications:

Receiving Latitude Longitude Stream

Outfall Stream (North) (West) Classification

001 Mary’s River 38 o 09’ 25” 89 o 38’ 50” General Use

002 Mary’s River 38 o 09’ 10” 89 o 38’ 45” General Use

The stream segment IL02 of Mary’s River receiving the discharge from Outfall s 001 and 002 is not on the partially approved 2008 303(d)

list of impaired waters.Public Notice/Fact Sheet

- Page 3

- NPDES Permit No. IL 0055824

The acid mine discharge from this facility shall be monitored and limited at all times as follows:

Outfall: 001 (Acid Mine Drainage)

Discharge

Condit ion Parameters

Total

Suspended

Solids

(3)

(mg/l) Iron (total)

(3),(4)

(mg/l) pH

(3)

(S.U.) Alkalinity/

Acidity

(3) Sulfate

(1)

(mg/l) Chloride

(mg/l) Mn

(total)

(mg/l) Hardness

(5) Mercury Flow

(MGD) Sett le able

Solids

(2)

(ml/l)

30 day

average daily

maximum 30 day

average daily

maximum

I 35 70 3

. 5 7 .0 6 .5

– 9 .0 Alk.>Acid 1330 500 1.0 Monitor

only Monitor

only Measure

When

Sampling -

II

- - - - 6 .0

– 9 .0

- 1330 500

- Monitor

only - Measure

When

Sampling 0.5

III

- - - - 6 .0

– 9 .0

- 1330 500

- Monitor

only - Measure

When

Sampling -

IV 35 70 3.5 7.0 6 .0

– 9 .0 Alk.>Acid 1330 500 1.0 Monitor

only Monitor

only Measure

When

Sampling -

I Dry weather discharge (base flow or mine pumpage) from the outfall.

II In accordance with 35 Ill. Adm. Code 406.110(b), any discharge or increase in the volume of a discharge caused by precipitati on

within any 24

- hour period greater than the 1

- year, 24

- hours precipitation event, but less than or equal to the 10

- year, 24

- hour

precipitation event (or snowmelt or equivalent volume) shall comply with the indicated limitations instead of those in 35 Ill . Adm.

Code 406.106(b). The 1

- year, 24

- hour precipitation even t for this area is considered to be 2.71 inches.

III In accordance with 35 Ill. Adm. Code 406.110(d), any discharge or increase in the volume of a discharge caused by precipitati on

within any 24

- hour period greater than the 10

- year, 24

- hour precipitation e vent (or snowmelt of equivalent volume) shall comply

with the indicated limitations instead of those in 35 Ill. Adm. Code 406.106(b). The 10

- year, 24

- hours precipitation grant for this

area is considered to be 4.76 inches.

IV Discharges continuing 24 hours after cessation of precipitation event that resulted in discharge. For outfalls which have no

allowed mixing, monitoring requirements and permit limitations of Discharge Condition IV are identical to Discharge Condition I to

which the outfall discharge h as reverted.

Sampling during all Discharge Conditions shall be performed utilizing the grab sampling method.

(1) Sulfate water quality standards and effluent limitations determined in accordance with 35 Ill. Adm. Code 302.208(h)

. (2) Settleable S olids a re monitored only as a result of a discharge due to precipitation events which exceed a predetermined 24

- hour

duration or snow melt total. Settleable Solids effluent standards are contained in 35 Ill. Adm. Code 406.109 and 406.110.

(3) Effluent standards for mine discharges are contained in 35 Ill. Adm. Code 406.106.

(4) Discharges from Outfall 001, being approved before July 27, 1987, are subject to a 30

- day average effluent limitation for Iron of 3. 5

mg/l. Daily maximum effluent concentrations are calcu lated as twice the 30

- day average.

(5) Hardness monitoring is required to determine the appropriateness of the sulfate permit limit.Public Notice/Fact Sheet

– Page 4

– NPDES Permit No. IL0055824

The stormwater discharges from this facility shall be monitored and limited at all times as follows:

Outfalls: 002

Parameters

pH

(S.U.) Sett le able Solids

(ml/l)

6 .0

– 9 .0 0.5

Stormwater effluent limitations for all Discharge Conditions are established pursuant to 40 CFR 122.26, and IEPA corresponden ce to the

industry dated July 31, 1992 Sample frequency for stormwater discharges is reduced to once per year.

To assist you in identifying the location of the discharges, please refer to the attached map. The permit area for this faci lity is located in

Sections 21, 22, 27 and 28 , Township 4 South, Range 5 West , 3rd P.M., Randolph County, Illinois.NPDES Permit No. IL 0055824

Illinois Environmental Protection Agency

Division of Water Pollution Control

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794

- 9276

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

Renewed and Modified NPDES Permit

Expiration Date: Issue Date:

Effective Date:

Name and Address of Permittee: Facility Name and Address:

Alpena Vision Resources, L.L.C. Alpena Vision Resources, L.L.C.

314 East Chisholm Street Spartan Mine

Alpena, MI 49707 3.6 miles NE of Sparta, Illinois

(Randolph County )

Discharge Number and Classification: Receiving waters

001 Acid Mine Drainage Mary’s River

002 Stormwater Discharge Mary’s River

In compliance with the provisions of the Illinois Environmental Protection Act, Subtitle C and/or Subtitle D Rules and Regulations of the

Illinois Pollution Control Board, and the Clean Water Act, the above

- named permittee is hereby authorized to discharge at the above

location to the abo ve

- named receiving stream in accordance with the standard conditions and attachments herein.

Permittee is not authorized to discharge after the above expiration date. In order to receive authorization to discharge bey ond the

expiration date, the permitte e shall submit the proper application as required by the Illinois Environmental Protection Agency (IEPA) not

later than 180 days prior to the expiration date.

Ronald E. Morse, Manager

Mine Pollution Control Program

Bureau of Water

REM:LDC :IKW : jkb /5419c/01

- 08

- 10Page 2

NPDES Coal Mine Permit

NPDES Permit No. IL0055824

Effluent Limitations and Monitoring

From the effective date of this Permit until the expiration date, the effluent of the following discharge shall be monitored and limited at all

times as follows:

Outfall*: 001 (Acid Mine Drainage)

Discharge

Condit ion Parameters

Total

Suspended

Solids

(mg/l)

*** Iron (total)

(mg/l)

*** pH**

(S.U.)

3/month Alkalinity/

Acidity

1/month Sulfate

(mg/l)

*** Chloride

(mg/l)

*** Mn

(total)

(mg/l)

3/month Hardness

*** Mercury

see Special

Condition

No.1 3 Flow

(MGD) Sett le able

Solids

(ml/l)

30 day

average daily

maximum 30 day

average daily

maximum

I 35 70 3

. 5 7 .0 6 .5

– 9 .0 Alk.>Acid 1330 500 1.0 Monitor

only Monitor

only Measure

When

Sampling -

II

- - - - 6 .0

– 9 .0

- 1330 500

- Monitor

only - Measure

When

Sampling 0.5

III

- - - - 6 .0

– 9 .0

- 1330 500

- Monitor

only - Measure

When

Sampling -

IV 35 70 3. 5 7 .0 6 .0

– 9 .0 Alk.>Acid 1330 500 1.0 Monitor

only Monitor

only Measure

When

Sampling -

I Dry weather discharge (base flow or mine pumpage) from the outfall.

II In accordance with 35 Ill. Adm. Code 406.110(b), any discharge or increase in the volume of a discharge caused by precipitati on

within any 24

- hour period greater than the 1

- year, 24

- hours precipitation event, but less than or equal to the 10

- year, 24

- hour

precipitation event (or snowmelt or equivalent volume) shall comply with the indicated limitations instead of those in 35 Ill . A dm.

Code 406.106(b). The 1

- year, 24

- hour precipitation event for this area is considered to be 2.71 inches.

III In accordance with 35 Ill. Adm. Code 406.110(d), any discharge or increase in the volume of a discharge caused by precipitati on

within any 24

- h our period greater than the 10

- year, 24

- hour precipitation event (or snowmelt of equivalent volume) shall comply

with the indicated limitations instead of those in 35 Ill. Adm. Code 406.106(b). The 10

- year, 24

- hours precipitation grant for this

area is con sidered to be 4.76 inches.

IV Discharges continuing 24 hours after cessation of precipitation event that resulted in discharge. For outfalls which have no

allowed mixing, monitoring requirements and permit limitations of Discharge Condition IV are identic al to Discharge Condition I to

which the outfall discharge has reverted.

Sampling during all Discharge Conditions shall be performed utilizing the grab sampling method.

*** There shall be a minimum of nine (9) samples collected during the quarter when the pond is discharging. Of these 9 samples, a

minimum of one sample each month shall be taken during either Discharge Condition I or IV. A "no flow" situation is not cons idered to be

a sample of the discharge. A grab sample of each discharge caused by the above precipitation events (Discharge Conditions II and III)

shall be taken and analyzed for the parameters identified in the table above during at least 3 separate events each quarter. For quarters

in which there are less than 3 such precipitation ev ents resulting in discharges, a grab sample of the discharge shall be required

whenever such precipitation event(s) occur(s). The remaining three (3) samples may be taken during any of the Discharge Cond itions

described above.

The water quality standard s for sulfate and chloride must be met in discharges from the above referenced outfall as well as in the

receiving stream.

* The Permittee is subject to the limitations, and monitoring and reporting requirements of Special Condition No.11 for th e disc harges

from Outfall 001 and Mary’s River receiving such discharges.

** No discharge is allowed from any above referenced permitted outfall during "low flow" or "no flow" conditions in the rece iving stream

unless such discharge meets the water quality standards of 35 Ill. Adm. Code 302.204 for pH.Page 3

NPDES Coal Mine Permit

NPDES Permit No.IL0055824

Effluent Limitations and Monitoring

Upon completion of Special Condition 8 and approval from the Agency, the effluent of the following discharg es shall be monitored and

limited at all times as follows:

Outfall*: 001 (Reclamation Area Drainage)

Discharge

Condition Parameters

pH**

(S.U.)

1/month Sulfate

(mg/l)

1/month Chloride

(mg/l)

1/month Hardness

1/month Flow

(MGD) Sett le able

Solids

(ml/l)

1/month

I 6 .5

– 9 .0 1330 500 Monitor

only Measure

When

Sampling 0.5

II 6 .0

– 9 .0 1330 500 Monitor

only Measure

When

Sampling 0.5

III 6 .0

– 9 .0 1330 500 Monitor

only Measure

When

Sampling -

IV 6 .0

– 9 .0 1330 500 Monitor

only Measure

When

Sampling 0.5

I Dry weather discharge (base flow, if present) from the outfall.

II Any discharge or increase in the volume of a discharge caused by precipitation within any 24

- hour period less than or equal to the

10

- year, 24

- hour precipitation event (or snowmelt or equivalent volume) shall comply with the indicated limitations. The 10

- year,

24

- hour precipitation event for this area is considered to be 4.76 inches.

III In accordance with 35 Ill. Adm. Code 406.10 9 ( c ), any di scharge or increase in the volume of a discharge caused by precipitation

within any 24

- hour period greater than the 10

- year, 24

- hour precipitation event (or snowmelt of equivalent volume) shall comply

with the indicated limitations instead of those in 35 I ll. Adm. Code 406.109(b).

IV Discharges continuing 24 hours after cessation of precipitation event that resulted in discharge. For outfalls which have no

allowed mixing, monitoring requirements and permit limitations of Discharge Condition IV are identical to Discharge Condition I to

which the outfall discharge has reverted.

Sampling during all Discharge Conditions shall be performed utilizing the grab sampling method.

One sample per month (1/month) shall be collected under either Discharge Con dition I, II or IV and analyzed for the parameters identified

in the table above. In addition, at least three (3) grab samples shall be taken each quarter from separate precipitation even ts under

Discharge Condition III and analyzed for the parameters indi cated in the above table. For quarters in which there are less than 3 such

precipitation events, a grab sample of the discharge shall be required whenever such precipitation event(s) occur(s).

The water quality standards for sulfate and chloride must be met in discharges from the above referenced outfall as well as in the

receiving stream.

* The Permittee is subject to the limitations, and monitoring and reporting requirements of Special Condition No.11 for th e discharges

from Outfall 001 and Mary’s River receiving such discharges.

** No discharge is allowed from any above referenced permitted outfall during "low flow" or "no flow" conditions in the rece iving stream

unless such discharge meets the water quality standards of 35 Ill. Adm. Code 302.20 4 for pH.Page 4

NPDES Coal Mine Permit

NPDES Permit No.IL0055824

Effluent Limitations and Monitoring

Upon completion of Special Condition 9 and approval from the Agency, the effluent of the following discharge shall be monitor ed and

limited at all times as follows:

Outfall*: 001 (Stormwater Discharge)

Parameters

pH*

(S.U.)

1/year Sett le able Solids

(ml/l)

1/year

6 .0

– 9 .0 0.5

Storm water discharge monitoring is subject to the following reporting requirements:

Analysis of samples must be submitted with second quarter Discharge Monitoring Reports.

Annual storm water monitoring is required for all discharges until Final SMCRA Bond is released and approval to cease such

monitoring is obtained from the Agency.

_______________

__________________________________________________________________________________________

* No discharge is allowed from any above referenced permitted outfalls during “low flow” or “no flow” conditions in the recei ving stream

unless such discharge meets the water quality standards of 35 Ill. Adm. Code 302.204 for pH.Page 5

NPDES Coal Mine Permit

NPDES Permit No.IL0055824

Effluent Limitations and Monitoring

From the effective date of this Permit until the expiration date, the effluent of the following discharge shall be monitored and limited at all

times as fol lows:

Outfall*: 002 (Stormwater Discharge)

Parameters

pH*

(S.U.)

1/year Sett le able Solids

(ml/l)

1/year

6 .0

– 9 .0 0.5

Storm water discharge monitoring is subject to the following reporting requirements:

Analysis of samples must be submitted with second quarter Discharge Monitoring Reports.

Annual storm water monitoring is required for all discharges until Final SMCRA Bond is released and approval to cease such

monitoring is obtained from the Agency.

_______________________________ __________________________________________________________________________

* No discharge is allowed from any above referenced permitted outfalls during “low flow” or “no flow” conditions in the recei ving stream

unless such discharge meets the water quality standards of 35 Ill. Adm. Code 302.204 for pH.Page 6

NPDES Permit No. IL 0055824

Construction Authorization No. 8511

- 00

C.A. Date: J anuary 2 7, 20 10

Authorization is hereby granted to the above designee to construct and operate the mine and mine refuse area described as follows:

An underground mine containing a total of 242.5 acres, as described and depicted in IEPA Log No.1566

- 07 and 8511

- 00

- A, located in

Sections 21, 22, 27 and 28, Township 4 South, Range 5 West, Ran dolph County, 3 rd P.M., Illinois.

Since notification of mine closure in 1998, only reclamation activities have been performed at this facility. Reclamation act ivities

remaining at this facility consists of completing treatment and covering of the refuse disposal area.

A 20 acre boundary revision area, located in Section 27, Township 4 South, Range 5 West, Randolph County, is incorporated

in to this NPDES Permit as depicted and described in IEPA Log No. 1063

- 97. This additional area was utilized to obt ain soil

borrow material to assist in covering and reclaiming the refuse disposal area. All disturbed areas have been reclaimed and ar e

well vegetated. Runoff from this area is controlled by Pond and Outfall 002. This additional area and basin (Outfall 00 2) was

previously approved under proposed Supplemental Construction Authorization No. 7087

- 91

- 1 dated March 6, 1997. As Basin

and Outfall 002 was developed in association with obtaining borrow material for reclamation activities and no contaminant

source was ever present in the watershed to this basin, an anti

- degradation review was not required. Refer to additional

discussion of Basin and Outfall 002 below.

Surface drainage control is provided by two (2) sedimentation ponds with discharges designated a s Outfall 001 classified as acid mine

drainage and Outfall 002 classified as a stormwater discharge.

Location and receiving stream of the Outfalls at this facility is as follows:

Outfall

Number Latitude Longitude

Receiving Water

DEG MIN SEC DEG MIN SEC

001 38 o 09’ 25” 89 o 38’ 50” Mary’s River

002 38 o 09’ 10” 89 o 38’ 45” Mary’s River

Outfall 001 controls runoff from the refuse disposal and industrial/commercial areas. Runoff from the boundary revision area

discussed above is controlled by the basin with discharge designated as Outfall 002 which was developed in conjunction with

the so il borrow area. Outfall 002 is classified as a stormwater discharge.

Acid mine drainage from the refuse disposal area will be directed to an internal collection basin. Flow from the collection basin

may be treated using caustic soda (sodium hydroxide) or hydrated lime prior to entry into the sedimentation basin. Acid

drainage treatment sludge may be disposed in the abandoned underground mine workings as approved in Division of Land

Pollution correspondence dated February 10, 1998. As proposed in IEPA Log No. 8020

- 10, siphon pipes will be installed in the

collection basin and Cell A and Cell B of sedimentation Pond 001.

The sanitary wastewater treatment system discharge, designated as Outfall 001A is hereby deleted from this permit. The

sanitary wastew ater treatment system and outfall was removed from service in 1997 and modified to preclude the possibility of

discharge. The system does physically remain to complement the industrial/commercial post

- mining land use; however, a

separate and new permit for the sanitary wastewater treatment system will be required to be obtained prior to this system being

placed back in operation.

Groundwater monitoring reports as required by IDNR/OMM shall be submitted to this Agency.

Pursuant to information contained in IEPA Log Nos. 4448

- 04 and 3088

- 05 this facility was transferred from Old Ben Coal Company to

LCC Illinois, LLC. Subsequently, in accordance with information contained in IEPA Log Nos. 3227

- 05, 3227

- 05

- A and 3345

- 05 thi s facility was transferred from LCC Illinois, LLC, to Alpena Vision Resources in which name this permit is issued.

All water remaining upon abandonment must meet the requirements of 35 Ill. Adm. Code 406.202. For the constituents not cover ed by

Parts 3 02 or 303, all water remaining upon abandonment must meet the requirements of 35 Ill. Adm. Code 406.106.

This Construction Authorization supersedes and replaces Construction Authorization No. 7087

- 91 and 7087

- 91

- 1 previously issued for

the herein permitte d facilities

The abandonment plan shall be executed and completed in accordance with 35 Ill. Adm. Code 405.109.Page 7

NPDES Permit No. IL 0055824

Construction Authorization No. 8511

- 00

C.A. Date: J anuary 2 7, 20 10

This Authorization is issued subject to the following Conditions. If such Conditions require additional or revised facilities, satisfactory

engineering plan documents must be submitted to this Agency for review and approval to secure issuance of a Supplemental

Authorization to Constr uct.

1. If any statement or representation is found to be incorrect, this permit may be revoked and the permittee thereupon waives al l rights

thereunder.

2. The issuance of this permit (a) shall not be considered as in any manner affecting the title of the premises upon which the mine or

mine refuse area is to be located; (b) does not release the permittee from any liability for damage to person or property cau sed by or

resulting from the installation, maintenance or operation of the proposed facilities; (c) does not take into consideration the structural

stability of any units or parts of the project; and (d) does not release the permittee from compliance with other applicable statutes of

the State of Illinois, or with applicable local laws, regulations or o rdinances.

3. Final plans, specifications, application and supporting documents as submitted by the person indicated on Page 1 as approved shall

constitute part of this permit and are identified by Log No. 1566

- 07 in the records of the Illinois Environmental Protection Agency.

4. There shall be no deviations from the approved plans and specifications unless revised plans, specifications and application shall

first have been submitted to the Illinois Environmental Protection Agency and a supplemental permit issu ed.

5. The permit holder shall notify the Environmental Protection Agency (217/782

- 3637) immediately of an emergency at the mine or

mine refuse area which causes or threatens to cause a sudden discharge of contaminants into the waters of Illinois and shall

i mmediately undertake necessary corrective measures as required by 35 Ill. Adm. Code 405.111. (217/782

- 3637 for calls between

the hours of 5:00 p.m. to 8:30 a.m. and on weekends.)

6. The termination of an NPDES discharge monitoring point or cessation of moni toring of an NPDES discharge is not authorized by

this Agency until the permittee submits adequate justification to show what alternate treatment is provided or that untreated drainage

will meet applicable effluent and water quality standards.

7. Initial con struction activities in areas to be disturbed shall be for collection and treatment facilities only. Prior to the start of o ther

activities, surface drainage controls shall be constructed and operated to avoid violations of the Act or Subtitle D. At suc h time as

runoff water is collected in the sedimentation pond, a sample shall be collected and analyzed, with the results sent to this Agency.

Should additional treatment be necessary to meet the standards of 35 Ill. Adm. Code 406.106, a Supplemental Permi t must be

obtained. Discharge from this pond is not allowed unless applicable effluent standards of Subtitle D are met at the basin

discharge(s).

8. This Agency must be informed in writing and an application submitted if drainage, which was previously class ified as alkaline (pH

greater than 6.0), becomes acid (pH less than 6.0) or ferruginous (base flow with an iron concentration greater than 10 mg/l) . The

type of drainage reporting to the basin should be reclassified in a manner consistent with the applica ble rule of 35 Ill. Adm. Code

406 as amended in R84

- 29 at 11 Ill. Reg. 12899. The application should discuss the treatment method and demonstrate how the

discharge will meet the applicable standards.

9. A permittee has the obligation to add a settling aid i f necessary to meet the suspended solids or settleable solids effluent standards.

The selection of a settling aid and the application practice shall be in accordance with a. or b. below

a. Alum (Al 2 (SO 4 ) 3 ), hydrated slime (Ca(OH) 2 ), soda ash (Na 2 CO 3 ), alkal ine pit pumpage, acetylene production by

- product (tested

for impurities), and ground limestone are acceptable settling aids and are hereby permitted for alkaline mine drainage

sedimentation ponds.

b. Any other settling aids such as commercial flocculents and coagulants are permitted only on prior approval from the Agency

. To obtain approval a permitted must demonstrate in writing to the Agency that such use will not cause a violation of the toxi c

substances standard of 35 Ill. Adm. Code 302.210 or of the app ropriate effluent and water quality standards of 35 Ill. Adm.

Code parts 302, 304, and 406.

10. A general plan for the nature and disposition of all liquids used to drill boreholes shall be filed with this Agency prior to any such

operation. This plan should be filed at such time that the operator becomes aware of the need to drill unless the plan of operation

was contained in a previously approved application. After settling, recirculation water which meets the requirements of 35 I ll. Adm.

Code 406.106 and 406.202, may be discharged. The use of additives in the recirculation water which require treatment other than

settling to comply with the Act will require a revised permit.Page 8

NPDES Permit No. IL 0055824

Construction Authorization No. 8511

- 00

C.A. Date: J anuary 2 7, 20 10

11. Any of the following shall be a violation of the provisions required under 35 Ill. Adm. Code 406.202:

a. It is demonstrated that an adverse effect on the environment in and around the receiving stream has occurred or is likely to

occur.

b. It is demonstrated that the discharge has adversely affected or is likely to adversely affect any public water supply.

c. The Agency determines the permittee is not utilizing Good Mining Practices identified in 35 Ill. Adm. Code 406.204, 406.205,

406.206, 406.207 and 406.208.Page 9

NPDES Permit No. IL0055824

Special Conditions

Special Condition No. 1 : No effluent from any mine related facility area under this permit shall, alone or in combination with other

sources, cause a violation of any applicable water quality standard as set out in the Illinois Pollution Control Board Rules and

Regulations, Subtitle C: Water Pollution.

Special Condition No. 2 : Samples taken in compliance with the effluent monitoring requirements sh all be taken at a point

representative of the discharge, but prior to entry into the receiving stream.

Special Condition No. 3 : The permittee shall record monitoring results on Discharge Monitoring Report Forms using one such form for

each discharge each month. The Discharge Monitoring Report forms shall be submitted to the Agency in accordance with the schedule

outlined in Special Condition No. 4 below.

Discharge Monitoring Reports shall be mailed to the IEPA at the following address:

Illinois Envir onmental Protection Agency

Division of Water Pollution Control

1021 North Grand Ave., East

P.O. Box 19276

Springfield, Illinois 62794

- 9276

Attn: Compliance Assurance Section

Special Condition No. 4 : The completed Discharge Monitoring Report form required in accordance: with Special Condition No. 3 above

shall be retained by the permittee for a period of three months and shall be mailed and received by the IEPA in accordance wi th the

following schedule, unless otherwise specified by the permitting authority.

Period Received by IEPA

January, February, March April 15

April, May, June July 15

July, August, September October 15

October, November, December January 15

Special Condition No. 5 : If an applicable effluent standard or limitation is pr omulgated under Sections 301(b)(2)(C) and (D), 304(b)(2),

and 307(a)(2) of the Clean Water Act and that effluent standard or limitation is more stringent than any effluent limitation in the permit or

controls a pollutant not limited in the NPDES Permit, th e Agency shall revise or modify the permit in accordance with the more stringent

standard or prohibition and shall so notify the permittee.

Special Condition No. 6 : The permittee shall notify the Agency in writing by certified mail within thirty days of abandonment, cessation,

or suspension of active mining for thirty days or more unless caused by a labor dispute. During cessation or suspension of a ctive mining,

whether caused by a labor dispute or not, the permittee shall provide whatever interim impoun dment, drainage diversion, and wastewater

treatment is necessary to avoid violations of the Act or Subtitle D.

Special Condition No. 7 : Plans must be submitted to and approved by this Agency prior to construction of a sedimentation pond. At

such time as runoff water is collected in the sedimentation pond, a sample shall be collected and analyzed for the parameters designated

as 1M

- 15M under Part 5

- C of Form 2C and the effluent parameters designated herein with the results sent to this Agency. Should

add itional treatment be necessary to meet these standards, a Supplemental Permit must also be obtained. Discharge from a pond i s not

allowed unless applicable effluent and water quality standards are met.

Special Condition No. 8 : The special reclamation ar ea effluent standards of 35 Ill. Adm. Code 406.109 apply only on approval from the

Agency. To obtain approval, a request form and supporting documentation shall be submitted 45 days prior to the month that t he

permittee wishes the discharge be classified as a reclamation area discharge. The Agency will notify the permittee upon approval of the

change.

Special Condition No. 9 : The special stormwater effluent standards apply only on approval from the Agency. To obtain approval, a

request with supporting documentation shall be submitted 45 days prior to the month that the permittee proposes the discharge to be

classified as a stormwater discharge. The documentation supporting the request shall include analysis results indicating the discharge

will consist ently comply with reclamation area discharge effluent standards. The Agency will notify the permittee upon approval of the

change.Page 10

NPDES Permit No. IL0055824

Special Conditions

Special Condition No. 10 : Annual stormwater monitoring is required for all discharges not reporting to a sediment basin until Final

SMCRA Bond is released and approval to cease such monitoring is obtained from the Agency.

a. Each discharge must be monitored for pH and settleable solids annually.

b. Analysis of samples must be submitted with second quarter Discharge Monitoring Reports. A map with discharge locations

must be included in this submittal.

c. If discharges can be shown to be similar, a plan may be submitted by November 1 of each year preceding sampl ing to propose

grouping of similar discharges and/or update previously submitted groupings. If updating of a previously submitted plan is n ot

necessary, a written notification to the Agency indicating such is required. Upon approval from the Agency, one representative

sample for each group may be submitted.

Special Condition No. 11 : Sediment Pond Operation and Maintenance (Outfall 001):

a. For discharges resulting from precipitation event, in addition to the alternate effluent monitoring requirements, discharges from

Outfall 001 shall be monitored and reported for Discharge Rate, Sulfate, Chloride and Hardness.

b. The following sampling and monitoring requirements are applicable to flow in Mary’s River which receives discharges from

Outfall 001.

i

. All sampling and monitoring required in accordance with 11(b)(ii) and (iii) below shall be performed during a discharge and

monitoring event from the associated outfall.

ii. Mary’s River shall be monitored and reported quarterly for Discharge Rate, C hloride, Sulfate and Hardness down stream

of the associated outfall. This downstream monitoring shall be performed a sufficient distance downstream of the

associated outfall to ensure that complete mixing has occurred. At such time that sufficient informa tion has been

collected regarding receiving stream flow characteristics and in

- stream contaminant concentrations, the permittee may

request a re

- evaluation of the monitoring frequency required herein for possible reduction or elimination. For the purpose

of re

- evaluating the down stream monitoring frequency of the receiving stream, “sufficient information” is defined as a

minimum of ten (10) quarterly sampling events.

In the event that upstream monitoring of the receiving waters is eliminated during t he term of this permit based on an

evaluation of the quarterly data, a minimum of three (3) additional samples analyzed for the parameters identified above

must be submitted with the permit renewal application a minimum of 180 days prior to expiration of t his permit.

iii. Mary’s River shall be monitored and reported annually for Discharge Rate, Chloride, Sulfate and Hardness up stream of

the associated outfall , if applicable

.

Special Condition No. 12 : Data collected in accordance with Special Condition No. 11 above will be utilized to evaluate the

appropriateness of the effluent limits established in this Permit. Should the Agency’s evaluation of this data indicate revi sed effluent

limits are warran ted; this permit may be reopened and modified to incorporate more appropriate effluent limitations. This data will also be

used for determination of effluent limitations at the time of permit renewal.

Special Condition No. 13 : Mercury shall be monitored quarterly until a minimum of ten (10) samples have been collected. Samples

shall be collected and tested in accordance with USEPA 1631E using the option at Section 11.1.1.2 requiring the heating of sa mples at

50oC for 6 hours in a BrCl solution in closed vessels. This test method has a Method Detection Limit (MDL) of 0.001 μg/l. The results of

such testing must be submitted with the quarterly Discharge Monitoring Reports (DMR’s). The Permittee may submit a written request to

the Agency to discontinue quarterly Mercury monitoring if the sampling results show no reasonable potential to exceed the Mer cury water

quality standard.