DWQ-2025-004402

STATE OF UTAH

DIVISION OF WATER QUALITY

SALT LAKE CITY, UTAH 84114-4870

Ground Water Discharge Permit
Permit No. UGW350010

In compliance with the provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code Annotated 1953, as amended, the Act,

Kennecott Utah Copper LLC
4700 W. Daybreak Parkway
South Jordan, Utah 84009

hereafter, referred to as the Permittee, is granted a Ground Water Discharge Permit for the operation of the Bingham Canyon Mine and Water Collection System in Salt Lake County, Utah.

The Bingham Canyon Mine and Water Collection System is located on the following tracts of land (Salt Lake Base and Meridian):

Township 3 South, Range 2 West - Portions of Sections 17, 18, 19, 20, 21, 29, 30, 31, and 32
Township 3 South, Range 3 West - Portions of Sections 11, 12, 13, 14, 22, 23, 24, 25, 26, 27, 33, 34, 35, and 36
Township 4 South, Range 2 West - Portions of Sections 6 and 7
Township 4 South, Range 3 West - Portions of Sections 1, 2, 3, 9, 11, and 12

The permit is a renewal of the original groundwater discharge permit issued May 1, 1999. The permit is based on representations made by the permittee and other information contained
in the administrative record. It is the responsibility of the permittee to read and understand all provisions of this permit.

The facility shall be constructed and operated in accordance with conditions set forth in the permit and the Utah Administrative Rules for Ground Water Quality Protection (UAC R317-6).

This permit shall become effective on , 2025.

This permit and the authorization to operate shall expire at midnight, , 2030.

_______________________________________________
John K. Mackey, P.E.
Director
Utah Division of Water Quality

TABLE OF CONTENTS

I. CONSTRUCTION PERMIT ISSUANCE AND BEST AVAILABLE TECHNOLOGY (BAT) STANDARD………………………….…………………………………...1
A. Authorized Construction…………………………………………………………..1
B. Design and Construction…………………………………………………………..1
II. SPECIFIC PERMIT CONDITIONS 2
A. Ground Water Classification ………....2
B. Ground Water Protection Levels 2
C. Best Available Technology Performance Standard 2
D. Permitted Facilities 4
E. Design and Construction 4
F. Monitoring 6
G. Non- Compliance for Ground Water Protection Levels 8
H. Non- Compliance for Best Available Technology 10
I. Reporting Requirements 10
J. Compliance Schedule 11
III. MONITORING, RECORDING AND REPORTING REQUIREMENTS 13
A. Representative Sampling. 13
B. Analytical Procedures. 13
C. Penalties for Tampering. 13
D. Reporting of Monitoring Results 13
E. Compliance Schedules 13
F. Additional Monitoring by the Permittee 13
G. Records Contents 14
H. Retention of Records 14
I. Twenty-four Hour Notice of Noncompliance and Spill Reporting 14
J. Other Noncompliance Reporting 15
K. Inspection and Entry 15
IV. COMPLIANCE RESPONSIBILITIES 16
A. Duty to Comply 16
B. Penalties for Violations of Permit Conditions 16
C. Need to Halt or Reduce Activity not a Defense 16
D. Duty to Mitigate 16
E. Proper Operation and Maintenance 16
V. GENERAL REQUIREMENTS 17
A. Planned Changes 17
B. Anticipated Noncompliance 17
C. Permit Actions 17
D. Duty to Reapply 17
E. Duty to Provide Information 17
F. Other Information 17
G. Signatory Requirements 17
H. Penalties for Falsification of Reports 18
I. Availability of Reports 19
J. Property Rights 19
K. Severability 19
L. Transfers 19
M. State Laws 19
N. Reopener Provision 19
I. CONSTRUCTION PERMIT ISSUANCE AND BEST AVAILABLE TECHNOLOGY (BAT) STANDARD………………………….…………………………………...1
A. Authorized Construction…………………………………………………………..1
B. Design and Construction…………………………………………………………..1
II. SPECIFIC PERMIT CONDITIONS 2
A. Ground Water Classification ………....2
B. Ground Water Protection Levels 2
C. Best Available Technology Performance Standard 2
D. Permitted Facilities 4
E. Design and Construction 4
F. Monitoring 6
G. Non- Compliance for Ground Water Protection Levels 8
H. Non- Compliance for Best Available Technology 10
I
. Reporting Requirements 10
J. Compliance Schedule 11
III. MONITORING, RECORDING AND REPORTING REQUIREMENTS 13
A. Representative Sampling. 13
B. Analytical Procedures. 13
C. Penalties for Tampering. 13
D. Reporting of Monitoring Results 13
E. Compliance Schedules 13
F. Additional Monitoring by the Permittee 13
G. Records Contents 14
H. Retention of Records 14
I. Twenty-four Hour Notice of Noncompliance and Spill Reporting 14
J. Other Noncompliance Reporting 15
K. Inspection and Entry 15
IV. COMPLIANCE RESPONSIBILITIES 16
A. Duty to Comply 16
B. Penalties for Violations of Permit Conditions 16
C. Need to Halt or Reduce Activity not a Defense 16
D. Duty to Mitigate 16
E. Proper Operation and Maintenance 16
V. GENERAL REQUIREMENTS 17
A. Planned Changes 17
B. Anticipated Noncompliance 17
C. Permit Actions 17
D. Duty to Reapply 17
E. Duty to Provide Information 17
F. Other Information 17
G. Signatory Requirements 17
H. Penalties for Falsification of Reports 18
I. Availability of Reports 19
J. Property Rights 19
K. Severability 19
L. Transfers 19
M. State Laws 19
N. Reopener Provision 19

TABLES:
Table 1: Permit Limits for Dry Fork, Bingham Canyon Mine and Water Collection System Compliance Wells
Table 2: Permit Conditions for Dry Fork Extraction Wells
Table 3: Bingham Canyon Mine Informational Wells for Permit #UGW350010
Table 4: Groundwater Discharge Permit #UGW350010 Sample Point Coordinates

DRAWINGS:
Drawing: 451-T-9080; East Side Collection System, Typical Drainage Facility
Drawing: 454T-0119; Bingham Canyon Mine and Water Collection System 2012 EWRE Modification

FIGURES:
Figure 1: Bingham Canyon Mine and Water Collection System
Figure 2: Dry Fork Management Plan

APPENDICES:
Appendix A: Compliance Monitoring Plan
Appendix B: Bluewater Repository Waste Characterization Plan
Appendix C: Contingency and Corrective Action Plan
Appendix D: Conceptual Closure Plan
Appendix E: Operational Monitoring Plan
Appendix F: Best Management Practices Plan
Appendix G: Dry Fork Management Plan
Appendix H: Operations & Maintenance Manual East Waste Rock Extension Water Collection System
Appendix I: Operations & Maintenance Manual South Waste Rock Reclamation Detention Basins
Appendix J: Groundwater Characterization and Monitoring Plan
PART I CONSTRUCTION PERMIT ISSUANCE AND BEST AVAILABLE TECHNOLOGY (BAT) STANDARD

Authorized Construction

Construction permits approved in 2024 are hereby issued to Kennecott as summarized below for 1) the extension of the Toe Drain from the Copper IV to Yosemite drainages, which ties the
East Waste Rock and South Waste Rock areas, and 2) Bluewater repository expansion within the approved area in the Bluewater 1 drainage. These construction permits are incorporated into
this ground water discharge permit renewal.

Design and Construction

Under authority of the Utah Water Quality Act, Section 19-5-108(1) Utah Code Ann. 1953, as amended and Utah Administrative Code R317-1, the authorized facilities are constructed in
accordance with the engineering design plans and specifications, which received construction permits from the Division of Water Quality (“Division”).

Construction elements include:

The extension of the Toe Drain water collection system, from the Copper IV to Yosemite drainages, was constructed in 2024. The Division issued the construction permit on March 28, 2024.

The Bluewater Repository Expansion in the Bluewater 1 Drainage will be completed in 2025 according to the engineering design drawings and specifications. The Division issued a construction
permit on April 3, 2024.

PART II SPECIFIC PERMIT CONDITIONS

Ground Water Classification

The ground water classification for the uppermost aquifer in the area of the Bingham Canyon Mine and Water Collection System ranges from Class I to Class II ground water. There are
areas where ground water has been impacted by acidic water, resulting in degraded water quality classified as Class III and Class IV. Ground water at each compliance monitoring well
has been classified based on historical monitoring data.

Ground Water Protection Levels

Ground water Protection Levels for compliance monitoring wells for this permit are represented in Table 1.

Best Available Technology Performance Standard

1. The Best Available Technology (BAT) for the Bingham Canyon Mine and Water Collection System will be a Discharge Minimization approach designed, constructed, and operated in accordance
with approved designs and specifications (Part II Section E). The design for conveying mine-impacted water consists of a combination of concrete cut-off walls, toe drains, French drains
or seepage collection trenches, HDPE pipelines, collection boxes, and extraction wells. Meteoric precipitation is conveyed through either the HDPE pipelines or concrete-lined ditches,
which also act as secondary containment mechanisms for the mine-impacted water HDPE pipeline system in cases where flows exceed the pipeline capacity or where maintenance of the pipeline
is required. The Southeast Waste Rock Optimization (SEWOP) project required extending a toe drain by 2,000 feet in the Copper IV drainage, with no modifications to the existing cut-off
walls and other features of the contact water collection system in the area.

The BAT for the Dry Fork area shall include the operation and maintenance of two extraction wells: the Mid-Valley well (COP2701) and the Picnic Flats well (COG2865, replacement for
COG1172, which experienced biofouling issues), both located up-gradient of the Dry Fork dump. These wells are in place to capture water before it comes into contact with the waste rock
dumps and the underlying contaminated groundwater.

The operation and maintenance of a series of three alluvial extraction wells, located down-gradient of the toe of the Bingham Canyon dump, will include the following components. The
primary well is the Bingham Canyon Alluvial Well (ECG2787), located within Bingham Creek. The secondary alluvial extraction well, Curtis Springs (VWK83), is located down-gradient of
ECG2787 and also within the alluvial channel of Bingham Creek. A third alluvial well named Copperton Channel (ECG1185) is located due north of Curtis Springs and intercepts water from
an alluvial channel adjacent to and north of Bingham Creek. Production from these wells is dependent upon 1) seasonal conditions, 2) available mine-impacted water
from within the alluvium, and 3) the influence of up-gradient wells on the yield of down-gradient wells.

Operating parameters and regulatory obligations related to Dry Fork wells are listed in Table 2, with additional information regarding Dry Fork management contained in Appendix G.

A series of down-gradient compliance monitoring wells screened in bedrock also monitors bedrock contamination from the Dry Fork and Bingham Canyon area. The wells are ECG2789A, ECG2789B,
ECG1100A, ECG1100B, and VWK93, which have established compliance limits. Monitoring wells ECG2866A and ECG2866B replaced ECG2789A and ECG2789B in 2020 to accommodate the installation
of a new conveyor belt, which was installed in 2021. Regarding the compliance monitoring wells, a remedial strategy is necessary to address bedrock groundwater contamination from Dry
Fork, as outlined in Appendices C and G and as directed by the Director.

BAT shall also include inspection and maintenance commitments included in the Compliance Monitoring Plan (Appendix A). The operations and maintenance manual for the East Waste Rock
Extension Water Collection System (Appendix H) contains details of the East Side Water Collection system design and description, operational controls, and maintenance strategy.

2. Best Available Technology for the Bluewater Repository is a low-permeability clay liner and cap system as specified in Part II Section E Item 2. Only materials approved by the Director
may be disposed of in the repository following analysis under the Waste Characterization Plan (Appendix B). The Bluewater Repository and its footprint was permitted in 1991. Only a portion
of the footprint was occupied through 2024. The Bluewater Repository expansion of 500,000 cubic yards has been designed to occupy approximately half of the remaining permitted area by
2024, with construction work scheduled for completion in 2025. The expansion design fully meets the pre-existing BAT requirements specified in Part II Section E Item 2. It is anticipated
that the repository footprint will be expanded further in the next several years within the original permitted footprint and in accordance with the permitted specifications.

3. The Best Available Technologies instituted for the Chalcopyrite Heap Leach Project (CHLP) consist of double-lined HDPE facilities for the Heap, Pregnant Leach Solution (PLS) Pond
and Raffinate Pond. Each facility incorporates two layers of 60-millimeter HDPE liner with independent leak collection and detection systems. Performance criteria are outlined in Appendix
F. If the CHLP facilities listed here do not meet the performance criteria outlined in Appendix F, Kennecott shall refer to Part II Section H of this permit. The Chalcopyrite Heap Leach
facility was dismantled in 2016. The reference to the facility is maintained in Appendix F to ensure compliance with BAT requirements that may be applicable should a similar facility
be constructed in the future.

4. Closure - The Bingham Canyon Mine and Water Collection System shall undergo
closure in accordance with the requirements of the approved closure plan (Appendix D – Bingham Canyon Mine 2003 Reclamation and Water Management Plan, March 2003) as updated by a final
closure plan submitted in conformance with Part II.J.5 of this permit.

5. Implementation of Best Management Practices - Kennecott Utah Copper LLC (Kennecott) shall operate the facilities specified in the Best Management Practices Plan as required under
Appendix F of this permit.

Permitted Facilities

The Facilities authorized under this permit include:

1. The Bingham Canyon Mine and existing associated facilities: All Bingham Canyon Mine maintenance facilities, South Area Water Services (SAWS), and the Bingham Canyon Water Treatment
Plant (also permitted by the Utah Division of Drinking Water).

2. The East, South, and West Side waste rock dumps and collection systems.

3. Pipelines, conveyance ditches, collection boxes, pump back wells, and associated structures used to convey flows of meteoric and storm water that originate from Kennecott’s waste
rock piles adjacent to the Bingham Canyon Mine. The Large and Small Bingham Reservoirs are not included in this permit but are covered under separate ground water quality discharge permits.

4. Bluewater Repository – The repository is located on the north end of the east waste rock piles. As specified in Appendix B, the Bingham Canyon Mine and Water Collection System ground
water quality discharge permit includes pertinent portions of the prior Bluewater Repository ground water quality discharge permit. Each segment of the repository features a leachate
collection system that directs flows to the leachate collection pipeline.

5. SXEW (Solvent Extraction/Electrowinning) Facilities pursuant to approval of plans and specifications submitted in accordance with Part II.J.4 of this permit.

6. The Bingham Detention Basin, constructed in 2020, and managed in accordance with Appendix A and under the general requirements for detention basins described in the operation and
maintenance (O & M) manual attached as Appendix I.

Design and Construction

The Bingham Canyon Mine and Water Collection System is constructed according to the specifications, plans and drawings included in the permit application titled:

Bingham Canyon Mine Eastside Collection Monitoring Network Ground Water Discharge Permit Application (revised) dated April 1996 (submitted June 13, 1996).

Geohydrology of the Dry Fork Region, Bingham Canyon Mine, Kennecott Utah Copper, May 1994 (submitted February 25, 1997).

Supplemental application materials transmitted in letters dated October 23, 1997, from Elaine Dorward-King and January 6, 1998, and August 31, 1998, from David J. Cline.

Contaminant Investigation and Corrective Action Plan for the Dry Fork Area, September 2002 (Submitted September 26, 2002).

Supplemental application materials related to the Dry Fork area detailed in letters dated January 21, February 11, and March 10, 2003 (from Paula Doughty to the Division).

Supplemental Dry Fork Management Plan materials titled “Proposal to Relocate Dry Wells – Rio Tinto Kennecott Utah Copper (KUC) Bingham Canyon Mine Water Collection System Ground Water
Discharge Permit No. UGW350010” dated September 22, 2008

Groundwater Discharge Permit Modification Application for East Waste Rock Extension, groundwater discharge permit UGW350010, submitted August 2012.

Groundwater Discharge Permit Modification Application for South Waste Rock Reclamation, groundwater discharge permit UGW350010, submitted November 2014.

Bingham Detention Basin construction drawings submitted in March 2020.

Construction Permit Approval of engineering drawings and specifications for an extension of the Toe Drain from the Copper IV to Yosemite drainages in March 2024.

Construction Permit Approval of engineering drawings and specifications for the Bluewater Repository expansion in the Bluewater 1 drainage in April 2024.

The Bluewater North Repository segment and the Bluewater Main Repository segment are constructed according to the design specifications and drawings submitted May 17, 1991, as amended
by Addendum No. 1, submitted June 6, 1991, and plans for expansion of the repository submitted December 18, 1992. These include:

Clay Bottom Liner - the bottom liner consists of a 12-inch-thick clay layer with an in place hydraulic conductivity of no greater than 1 X 10-7 cm/sec.

Seepage Collection System - a seepage collection system constructed on the bottom clay liner consisting of a 4-inch minimum HDPE slotted pipe buried in
3/8-inch gravel surrounded by geotextile and running the length of the landfill.

Clay Barrier - a 12-inch-thick clay cap constructed on top of the tailings. The cap has a hydraulic conductivity no greater than 1 X 10-7 cm/sec.

Clay Soil Layer - a 34-inch clay soil layer placed on top of the 12-inch clay barrier. This layer has a hydraulic conductivity no greater than 1 x 10-4 cm/sec.

Topsoil Layer - An eight-inch layer of topsoil placed on top of the clay cap layers. This layer will be vegetated in accordance with reclamation requirements of the Division of Oil
Gas and Mining.

Run-on and Run-off Control - Surface water run-on is controlled by site grading and ditches to direct drainage away from the repository.

Monitoring

General Provisions

Future Modification of the Monitoring Network - If at any time the Director determines the monitoring program to be inadequate for determining compliance with BAT, applicable permit
limits or ground water protection levels, Kennecott shall submit within 30 days of receipt of written notice from the Director a modified monitoring plan that addresses the inadequacies
noted by the Director.

Within 60 days of completion and development of any new or replacement compliance or operational monitoring well, Kennecott shall submit documentation demonstrating that the well is
in conformance with the EPA RCRA Ground Water Monitoring Technical Enforcement Guidance Document, 1986, OSWER-9950.1 (RCRA TEGD) Section 3.5.

Compliance Monitoring Period - Monitoring shall commence upon the issuance of this permit and shall continue through the life of this permit. For compliance monitoring wells that are
installed during the term of this permit, monitoring shall commence upon completion of the well installation and development as described in Part II.F.1(a).

Laboratory Approval - All water quality analyses shall be performed by a laboratory certified by the State of Utah to perform such analysis.

Water Level Measurement - In association with each well sampling event, water level measurements shall be taken in each monitoring well prior to removal of any water from the well bore.
These measurements will be collected from a permanent single reference point clearly marked on the top of the well or surface casing. Measurements will be made to the nearest 0.01 foot.

Sampling Protocol - Water quality samples will be collected and handled in
accordance with the current Director-approved version of the Kennecott Ground Water Characterization and Monitoring Plan (Appendix J).

Constituents Sampled - The following analyses shall be performed on all water quality samples collected:

Field Measurements: pH, specific conductance, temperature
Laboratory Analysis:
Alkalinity
Major Ions: (chloride, sulfate, sodium, potassium, magnesium, and calcium)
Metals (dissolved): (arsenic, cadmium, chromium, copper, lead, selenium, and zinc)
TDS

Analytical Procedures - Water sample analysis will be conducted in accordance with the test procedures specified under UAC R317-6-6.3.

Operational Monitoring

Operational Monitoring will be used to assess the effectiveness of the water collection system, including the following aspects:

Mine-Impacted Water - Flow and water quality data from the water collection system.

Bluewater Repository Leachate Collection System - Water quality from the leachate collection system.

Tunnel Flows - Flows from the mine tunnels that underlie the Waste Rock Piles for the Bingham Canyon Mine.

Informational Wells – Table 3 lists the informational monitor wells that will be used to supplement compliance monitor wells down-gradient of the collection system and within the Dry
Fork area.

Groundwater Extraction Rates – Annual volume of water removed from the three alluvial extraction wells down-gradient of Dry Fork (ECG2787, VWK83, and ECG1185) as well as the Bingham
Canyon cut-off wall and the two water capture wells up-gradient of Dry Fork (COP2701 and COG2865 which replaced COG1172).

Monitoring Frequency

Well Monitoring Frequency - All existing compliance monitoring wells scheduled for sampling are listed in Table 1. Compliance monitoring wells screened in alluvium will be sampled quarterly
throughout the term of this permit, while compliance monitoring wells screened in bedrock, including
those in the Dry Fork area, will be sampled semi-annually. Any newly drilled monitoring wells (to be used as compliance wells), will be sampled quarterly for 12 consecutive quarters
(3 years) following installation to establish baseline groundwater quality. However, if a preexisting monitoring well has at least three years of data, the compliance limits for that
well will be calculated and established. Following completion of 12 quarterly samples, monitoring shall change to a semi-annual (bedrock completion) or quarterly (alluvial completion)
sampling frequency unless more frequent sampling is required under other terms of this permit.

Operational Monitoring Frequency - Operational monitoring, including collection system flows, tunnel flows, informational wells, pumping rates from extraction wells, and leachate collected
from the Bluewater Repository, shall occur as specified in Appendix E of this permit.

Post-Closure Monitoring

Kennecott shall conduct post-closure monitoring in accordance with the approved post closure monitoring program that is submitted and approved with the closure plan (Bingham Canyon
Mine 2003 Reclamation and Water Management Plan, March 2003) submitted in conformance with Part II Section J item 5 of this permit.

Suspension of Compliance Reporting Requirements

The Division is suspending the compliance reporting and sampling requirements in compliance monitoring wells as follows:

If the TDS concentration exceeds the limit in any compliance well due to regular salt concentration other than sulfate, compliance reporting requirements, including those identified
in Part II.G, H, and I, are suspended unless results are greater than 15% over the current protection level. All exceedances will still be included in quarterly reports corresponding
to the sampling period. This will prevent unnecessary notifications of elevated TDS due to routine salting of mine roads for winter access.

Monitoring wells completed in the bedrock: The ECG1100B, ECG907, and ECG925 wells can be sampled semi-annually even though they show exceedances for TDS and sulfate concentrations.
The groundwater transmissivity in the bedrock is extremely low, and more frequent sampling will not present any new data. The results should be included in the quarterly reports corresponding
to the sampling period.

Non- Compliance for Ground Water Protection Levels

Probable Out of Compliance - If the concentration of a pollutant from any
compliance monitoring well sample exceeds the compliance limit (in the case of pH exceeds the higher or lower limit) (Table 1) Kennecott shall:

Notify the Director in writing within 30 days of receipt of the data;

Initiate monthly sampling for the compliance monitoring well(s) that have exceeded the compliance limit (Table 1), unless the Director determines that other periodic sampling is appropriate,
for a period of two months or until the compliance status of the facility can be determined.

Out-of-Compliance Status

An out-of-compliance status exists when two or more consecutive samples from a compliance monitoring well exceed the compliance limit for a pollutant (Table 1). Upon determining that
an out-of-compliance situation exists, Kennecott shall:

Notify the Director of the out-of-compliance status within 24 hours of discovery followed by a written notice within 5 business days of the detection.

Initiate monthly sampling unless the Director determines that other periodic sampling is appropriate until the facility is brought into compliance.

Submit a Source Assessment and Compliance Schedule to the Director within 30 days of detection of the out-of-compliance status that outlines the following:
Steps of action that will assess the source, extent, and potential dispersion of the contamination.
Evaluation of potential remedial actions to restore and maintain ground water quality and ensure the compliance limits will not be exceeded at that compliance monitoring point
Measures to ensure the best available technology will be re-established.

Implement the Source Assessment and Compliance Schedule as directed by the Director.

Non- Compliance for Best Available Technology

Kennecott is required to maintain the Best Available Technology in accordance with the approved design and practice for this permit. Failure to maintain BAT or maintain the approved
design and practice shall be a violation of this permit. In the event a compliance action is initiated against the permittee for violation of permit conditions relating to best available
technology, Kennecott may affirmatively defend against that action by demonstrating the following:

Kennecott submitted notification in accordance with R317-6-6.13;

The failure was not intentional or caused by Kennecott’s negligence, either in action or in failure to act;

Kennecott has taken adequate measures to meet permit conditions in a timely manner or has submitted for the Director's approval an adequate plan and schedule for meeting permit conditions,
and

The provisions of UAC 19-5-107 have not been violated.

Reporting Requirements

Reporting

Monitoring Wells - Water quality sampling results for compliance monitoring wells shall be submitted quarterly to the Director as follows:

Quarter Sampled In
Results Due On

1st (Jan, Feb, March)
May 15

2nd (April, May, June)
August 15

3rd (July, Aug, Sept.)
November 15

4th (Oct, Nov, Dec.)
February 15


Operational Monitoring - Operational monitoring results and analysis, including results from collection sites, the Bluewater Repository, tunnels, informational wells, extraction wells,
and surface water sites (seeps), shall be submitted in an annual report by March 31 of each year in accordance with the requirements of Appendix E.

Failure to submit reports within the specified timeframe shall be deemed as noncompliance and may result in enforcement action.

Delivery Requirements - The permittee will electronically submit the required reports using a transmittal mechanism and format approved by the director. If requested by the director,
hard copies shall also be submitted.

Compliance Schedule

Permit Renewal Application Items - As part of the application for permit renewal, which is submitted every five years, Kennecott will include a water quality summary of the previous
data collected for operational and compliance monitoring wells. Data from the Operational Monitoring program will be included in this summary. The summary will include an analysis of
trends and any changes in the data throughout the life of the permit.

Updated Site Maps and Well Information - Kennecott will provide within one year of permit issuance:

Updated site maps and diagrams of all monitoring wells, leach water collection sites, cutoff walls, and all other parts of the East Side Collection System, including updated plume maps,
aquifer contour maps with flow rate and direction, and

Coordinates of all monitoring wells and leach water collection sites associated with the East Side Collection System.

BAT Inspection - Kennecott will conduct a comprehensive BAT inspection of the entire East Side Collection System within 2 years of permit issuance to ensure that all components of the
collection and drainage system are functioning as designed and to identify any maintenance work that may be necessary.

Kennecott will submit a BAT inspection work plan for approval by the Division within 1 year of permit issuance.

Kennecott will provide the Division with the results of the BAT inspection, identifying any deficiencies found.

Kennecott will provide the Division with a plan to correct any deficiencies within 90 days of completion of the BAT inspection, including milestones and completion schedules for Director
approval.

Kennecott will begin implementing the approved schedule and provide updates in quarterly reports submitted to the Division.

Final Closure - Kennecott has an approved conceptual closure plan attached in Appendix D of this permit. One year prior to final closure, Kennecott shall submit,
for approval by the Director, a final closure plan that addresses the water quality management aspects of closure.

PART III MONITORING, RECORDING AND REPORTING REQUIREMENTS

Representative Sampling. Samples collected in compliance with the monitoring requirements established under Part I shall be representative of the monitored activity.

Analytical Procedures. Water sample analysis must be conducted according to test procedures specified under UAC R317-6-6.3L, unless other test procedures have been specified in this
permit.

Penalties for Tampering. The Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under
this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both.

Reporting of Monitoring Results. Monitoring results obtained for each monitoring period specified in the permit shall be submitted to the Director, Utah Division of Water Quality,
at the following address no later than 45 days after the end of the monitoring period (unless specified otherwise in this permit):

State of Utah
Division of Water Quality
Department of Environmental Quality
P.O. Box 144870
195 North 1950 West
Salt Lake City, Utah 84114-4870
Attention: Ground Water Protection Section

Compliance Schedules. Reports of compliance or noncompliance with, or any progress reports on interim and final requirements contained in any Compliance Schedule of this permit shall
be submitted no later than 14 days following each schedule date.

Additional Monitoring by the Permittee. If the permittee monitors any pollutant more frequently than required by this permit, using approved test procedures as specified in this permit,
the results of this monitoring shall be included in the calculation and reporting of the data submitted. Such increased frequency shall also be indicated.

Records Contents. Records of monitoring information shall include:

1. The date, exact place, and time of sampling or measurements:
2. The individual(s) who performed the sampling or measurements;
3. The date(s) and time(s) analyses were performed;
4. The individual(s) who performed the analyses;
5. The analytical techniques or methods used; and,
6. The results of such analyses.

Retention of Records. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this

permit, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report or application.
This period may be extended at the request of the Director at any time.

Twenty-four Hour Notice of Noncompliance and Spill Reporting.

The permittee shall verbally report any noncompliance or spills subject to the provisions of UAC 19-5-114, which may endanger public health or the environment as soon as possible, but
no later than twenty-four (24) hours from the time the permittee first became aware of the circumstances. The report shall be made to the Utah Department of Environmental Quality 24-hour
number, [phone], or to the Division of Water Quality, Ground Water Protection Section at [phone], during normal business hours (8:00 am - 5:00 pm Mountain Standard Time).
A written submission shall also be provided to the Director within five business days of the time that the permittee becomes aware of the circumstances. The written submission shall
contain:

A description of the noncompliance and its cause;

The period of noncompliance, including exact dates and times;

The estimated time noncompliance is expected to continue if it has not been corrected; and,

Steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

Reports shall be submitted to the addresses in Part III.D, Reporting of Monitoring Results.

Other Noncompliance Reporting. Instances of noncompliance not required to be reported within 24 hours, shall be reported at the time that monitoring reports for Part II.I are submitted.

Inspection and Entry. The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:

Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the permit;

Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and,

Sample or monitor at reasonable times, for the purpose of assuring permit compliance or as otherwise authorized by the Act, any substances or parameters at any location.

PART IV COMPLIANCE RESPONSIBILITIES

Duty to Comply. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for
permit termination, revocation and re-issuance, or modification; or for denial of a permit renewal application. The permittee shall give advance notice to the Director of any planned
changes in the permitted facility or activity, which may result in noncompliance with permit requirements.

Penalties for Violations of Permit Conditions. The Act provides that any person who violates a permit condition implementing provisions of the Act is subject to a civil penalty not
to exceed $10,000 per day of such violation. Any person who willfully or negligently violates permit conditions is subject to a fine not exceeding $25,000 per day of violation. Any
person convicted under Section 19-5-115(2) of the Act a second time shall be punished by a fine not exceeding $50,000 per day. Nothing in this permit shall be construed to relieve the
permittee of the civil or criminal penalties for noncompliance.

Need to Halt or Reduce Activity not a Defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this permit.

Duty to Mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.

Proper Operation and Maintenance. The permittee shall at all times 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. Proper operation and maintenance also includes adequate laboratory controls and quality
assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems, which are installed by a permittee only when the operation is necessary
to achieve compliance with the conditions of the permit.

PART V GENERAL REQUIREMENTS

Planned Changes. The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required
when the alteration or addition could significantly change the nature of the facility or increase the quantity of pollutants discharged.

Anticipated Noncompliance. The permittee shall give advance notice of any planned changes in the permitted facility or activity, which may result in noncompliance with permit requirements.

Permit Actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and re-issuance,
or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

Duty to Reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a permit
renewal or extension. The application should be submitted at least 180 days before the expiration date of this permit.

Duty to Provide Information. The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists
for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies
of records required to be kept by this permit.

Other Information. When the permittee becomes aware that it failed to submit any relevant facts in a permit application or submitted incorrect information in a permit application or
any report to the Director, it shall promptly submit such facts or information.

Signatory Requirements. All applications, reports or information submitted to the Director shall be signed and certified.

All permit applications shall be signed as follows:

For a corporation: by a responsible corporate officer;
For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.
For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official.

All reports required by the permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person.
A person is a duly authorized representative only if:

The authorization is made in writing by a person described above and submitted
to the Director, and,

The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the
company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.)

Changes to Authorization. If an authorization under Part V.G.2. is no longer accurate because a different individual or position has responsibility for the overall operation of the
facility, a new authorization satisfying the requirements of Part V.G.2. must be submitted to the Director prior to or together with any reports, information, or applications to be signed
by an authorized representative.

Certification. Any person signing a document under this section shall make the following 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 gather and evaluate the information submitted. 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."

Penalties for Falsification of Reports. The Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted
or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction be punished by a fine of not more than $10,000
per violation, or by imprisonment for not more than six months per violation, or by both.

Availability of Reports. Except for data determined to be confidential by the permittee, all reports prepared in accordance with the terms of this permit shall be available for public
inspection at the offices of the Director. As required by the Act, permit applications, permits, effluent data, and ground water quality data shall not be considered confidential.

Property Rights. The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state or local laws or regulations.

Severability. The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held