NPDES Permit No. IL0055824

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 Address 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 Notice period 

will begin and end 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. 

Interested persons are invited to submit written comments on the draft permit to the IEPA at the above address. Commentors shall 

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

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

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 comments or 

requests indicate a significant degree of public interest 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 hearing in the 

manner described by Sections 309.109 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 previous 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 renewal:

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. IL0055824

This facility has two (2) existing discharges 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 38o09’ 25” 89o38’ 50” General Use

002 Mary’s River 38o09’ 10” 89o38’ 45” General Use

The stream segment IL02 of Mary’s River receiving the discharge from Outfalls 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. IL0055824

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

Outfall: 001 (Acid Mine Drainage)

Discharge

Condition

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)

Settleable 

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 precipitation 

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 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 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 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 has 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 Solids are 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 calculated 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.)

Settleable 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 correspondence 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 facility is located in 

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

NPDES Permit No. IL0055824

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 above-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 beyond the 

expiration date, the permittee 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/01-08-10
Page 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

Condition

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.13

Flow

(MGD)

Settleable 

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 precipitation 

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 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 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 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 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 considered 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 events 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 Conditions 

described above. 

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 the 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 receiving 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 discharges 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)

Settleable 

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 406.109(c), any discharge 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 Ill. 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 Condition 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 events under 

Discharge Condition III and analyzed for the parameters indicated 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 the 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 receiving stream 

unless such discharge meets the water quality standards of 35 Ill. Adm. Code 302.204 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 monitored and 

limited at all times as follows:

Outfall*: 001 (Stormwater Discharge)

Parameters

pH*

(S.U.)

1/year

Settleable 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 receiving 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 follows:

Outfall*: 002 (Stormwater Discharge)

Parameters

pH*

(S.U.)

1/year

Settleable 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 receiving 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: January 27, 2010

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, Randolph County, 3rd P.M., Illinois. 

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

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 obtain soil 

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

well vegetated. Runoff from this area is controlled by Pond and Outfall 002. This additional area and basin (Outfall 002) 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 as 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 38o09’ 25” 89o38’ 50” Mary’s River

002 38 o09’ 10” 89 o38’ 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 soil 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 wastewater 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 this 

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 covered by 

Parts 302 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 permitted 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: January 27, 2010

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 Construct.

1. If any statement or representation is found to be incorrect, this permit may be revoked and the permittee thereupon waives all 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 caused 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 ordinances.

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 issued.

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 

immediately 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 monitoring 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 construction activities in areas to be disturbed shall be for collection and treatment facilities only. Prior to the start of other 

activities, surface drainage controls shall be constructed and operated to avoid violations of the Act or Subtitle D. At such 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 Permit 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 classified 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 applicable 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 if 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 (Al2(SO4)3), hydrated slime (Ca(OH)2), soda ash (Na2CO3), alkaline 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 toxic 

substances standard of 35 Ill. Adm. Code 302.210 or of the appropriate 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 Ill. 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: January 27, 2010

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 shall 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 Environmental 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 with 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 promulgated 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, the 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 active mining, 

whether caused by a labor dispute or not, the permittee shall provide whatever interim impoundment, 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 

additional treatment be necessary to meet these standards, a Supplemental Permit must also be obtained. Discharge from a pond is not 

allowed unless applicable effluent and water quality standards are met.

Special Condition No. 8: The special reclamation area 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 the 

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 consistently 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 sampling to propose 

grouping of similar discharges and/or update previously submitted groupings. If updating of a previously submitted plan is not 

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, Chloride, Sulfate and Hardness downstream 

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 information 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 downstream 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 the 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 this permit.

iii. Mary’s River shall be monitored and reported annually for Discharge Rate, Chloride, Sulfate and Hardness upstream 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 revised effluent 

limits are warranted; 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 samples 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 Mercury water 

quality standard.