DWQ-2024-005412

STATE OF UTAH
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
SALT LAKE CITY, UTAH 84114-4870Renewed Ground Water Discharge Permit
Permit No. UGW350011
In compliance with the provisions of the Utah Water Quality Act, Utah Code Title 19, Chapter 5 (the Act),Kennecott Utah Copper LLC (Permittee)4700 Daybreak Parkway South Jordan, UT
84095
is granted a renewed ground water discharge permit (Permit) for the operation of the Tailings Impoundment (Facility) in Salt Lake County, Utah.
The Facility is located on the following tracts of land (Salt Lake Base and Meridian):
Township 1 South, Range 2 West - Portions of Sections 5, 6, 7, 8, 9, 17, 18, 19, and 20
Township 1 South, Range 3 West - Portions of Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 23, and 24
Township 1 North, Range 2 West - Portions of Section 31
Township 1 North, Range 3 West - Portions of Section 35 and 36
(40º 45.449’ N 112º 7.574’ W)
This Permit is based on representations made by the Permittee and other information contained in the Division of Water Quality (Division) files. It is the responsibility of the Permittee
to read and understand all provisions of this Permit.
The Facility shall be maintained and operated in accordance with conditions set forth in the Permit and the Utah Ground Water Quality Protection Rules in Utah Admin. Code. R317-6.
This Permit supersedes all other ground water discharge permits previously issued for the Facility.
This Permit shall become effective on ______________, 2024.
This Permit and the authorization to operate shall expire at midnight on______________, 2029.
_______________________________________________
John Mackey, P.E.
Director
Appendix A Table 1 Groundwater Protection Levels, Table 2 Operational Monitoring Points
Appendix B Compliance Monitoring Well Locations
Appendix C Assessment of Acidification Potential Plan v.2017
Appendix D Compliance and Operational Monitoring Plan v.2017
Appendix E Pipeline Inspection Plan v.2017
Appendix F Kennecott Utah Copper Ground Water Characterization and Monitoring Plan. Rev-12_2023SPECIFIC PERMIT CONDITIONSGROUND WATER CLASSIFICATION
The ground water classification for the shallow aquifer in the area of the Facility ranges from Class II Drinking Water Quality to Class IV Saline Ground Water, with ground water near
the Oquirrh Mountains recharge area generally Class II and water adjacent to the Great Salt Lake discharge area generally Class IV. Ground water at each monitoring well has been classified
based on historical monitoring data.GROUND WATER COMPLIANCE LIMITS
Table 1 identifies protection levels for each monitoring well. Ground water protection levels are based on background sampling and calculations performed based on the criteria of Utah
Admin. Code R317-6-4. Ground water protection levels for any new or replacement compliance monitoring wells approved by the Division and installed during the term of this permit will
be set following an accelerated quarterly sampling program.BEST AVAILABLE TECHNOLOGY PERFORMANCE STANDARD
Permittee shall minimize discharge of process fluids to ground water from the Facility by implementing and maintaining the best available technology (BAT). Maintenance of this performance
standard will be demonstrated by:1.BAT for the Facility is a Discharge Minimization approach.
2.Impoundments - The Facility is comprised of an older, inactive South Tailings Impoundment and an active North Tailings Impoundment. Tailings disposal into the South Tailings Impoundment
ended in October 2002. South Tailings Impoundment - The Lake Bonneville Clay (Bonneville Clay) is a low-permeability lacustrine clay layer varying from 3 to 15 feet thick and averaging
8 feet thick, that underlies the existing South Tailings Impoundment. The Bonneville Clay serves as a natural barrier for the South Tailings Impoundment. A radial discharge capture ditch
system exists for most of the South Tailings Impoundment to route lateral seepage from the tailings back into the process water network for recycling, or for discharge under UPDES Permit
No. UT0000051.North Tailings Impoundment - The North Tailings Impoundment area is underlain by the Bonneville Clay. The clay varies in thickness from 3 to 15 feet thick with an average
of 8 feet thick. This low-permeability lacustrine clay layer serves as a natural barrier for the North Tailings Impoundment to limit discharge. A drainage blanket was constructed beneath
the North Tailings Impoundment embankment to promote lateral flows and dewatering. A 36-inch finger drain system consisting of crushed slag placed between filter materials was placed
in the base of the North Tailings Impoundment embankment. This drain layer promotes horizontal seepage of tailings water through the embankment and into the perimeter toe drain collection
ditch and reduces, the potential for vertical migration of tailings waters. The collection ditch around the perimeter of the North Tailings Impoundment is utilized to capture lateral
seepage from the blanket drain and route waters back into the process water makeup system.East Tailings Expansion - The East Tailings Expansion will be adjacent to the South Tailings
Impoundment and is underlain by Bonneville Clay. The clay varies in thickness from 3 to 15 feet thick with an average of 8 feet. This low-permeability lacustrine clay layer serves as
a barrier for the East Tailings Expansion to limit discharge. A drainage blanket will be constructed underneath the East Tailings Expansion to promote lateral flows and dewatering. A
toe ditch around the proposed expansion will also be added to receive lateral flows from the finger drains.3.Diving Board Area - This area is contained by earthen dikes composed of low-permeability
native materials and is underlain by the low-permeability lacustrine clays typical of this area. Drainage from this area is collected via a ditch and channeled to the clarification canal.4.Implementation
of the Compliance and Operational Monitoring Plan (Appendix D), to ensure prompt cleanup of any spills and proper handling of process waters as well as an ongoing inspection and maintenance
program for the Facility.
5.Closure - Both the South Tailings Impoundment and the North Tailings Impoundment shall undergo closure in accordance with the requirements of the approved draft UGW350011 closure plan
in concert with closure plans administered by the Utah Division of Oil, Gas & Mining, Mining & Reclamation permits M-035-0002 and M-035-0015. The closure plan will be updated prior to
closure to recognize the current conditions at the Facility at the time of closure. PERMITTED FACILITY AND WASTE STREAMS
Permitted Facility
The Facility is comprised of the following areas, collectively, not permitted by rule, where there is potential for discharge of pollutants to ground water, including: a)The South Tailings
Impoundment near Magna, Utah, located adjacent to and North of UT S.R. 201;b)The North Tailings Impoundment, located east and adjacent to UT S.R. 202 and South of I-80;
c)The Sedimentation Pond, located east of the South Tailings Impoundment and north of State Road 201;d)The Diving Board Area, located south of State Road 201, and west of 9180 West.

e)The East Tailings Expansion, located adjacent to the east side of the South Tailings Impoundment bounded by 2400 South and S. 8000 West to the south and east respectively.
Permitted Inflow Waste Streams
The waste streams that are permitted for placement in the Facility include: a)Copper Tailings from the Copperton Concentrator;b)Slag Tailings from the slag concentrator at the Smelter;c)Smelter
process waters;d)Wastewater effluent slurry from the Hydrometallurgical Plant at the Smelter;e)Mine leach water and meteoric contact water that have been treated (via mixing over distance)
in the tailings pipeline;f)Wastewater effluent from the Reverse Osmosis treatment of sulfate contaminated waters; g)Neutralized acid-mine contaminated waters;h)Barneys Canyon pit dewatering
and heap leach pad and other drain down waters;i) Construction, maintenance and non-hazardous trash (Salt Lake Valley Health Department Permit # 35-0011805, covering the footprint
of the Facility);j)Treated effluent from the sewage treatment plant; and non-process impacted storm water;k)Leakage collection system water from the Arthur Stepback Repository (CERCLA
CAMU);l)Other inflows, including managed meteoric contact water that are approved by the Director for this Permit or UPDES Permit UT0000051.m)Off-site materials including anodes, concentrate,
scrap copper, reagents, fluxes, or materials to process ore, slag, or other smelting-acceptable copper bearing secondary materials.
Permittee shall obtain approval from the Director prior to disposing of any waste not listed above in the permitted inflow waste streams. Any request to dispose of off-site mine waste,
other materials, or listed waste streams that do not originate in the Bingham Canyon Mine shall include characterization of the wastes using the Synthetic Precipitation Leaching Procedure
(SPLP EPA SW846 Method 1312) for mining waste streams and the Toxicity Characteristic Leaching Procedure (TCLP EPA SW846 Method 1311) for non-mining and listed waste streams. The Director
may require further analysis to adequately characterize off-site materials. Materials authorized for storage in Arthur Stepback Repository are described in U.S. EPA Record of Decision
for Kennecott North and South Zone Sites, dated September 26, 2002.MONITORING1.General Provisionsa)Future Modification of the Monitoring Network - If, at any time, the Director determines
the monitoring program to be inadequate, Permittee 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.b)Compliance Monitoring Period - Permittee shall conduct monitoring throughout the term of this Permit. For compliance monitoring wells installed during the term
of this Permit, monitoring shall commence upon completion of the well installation and development.c)Laboratory Approval - All water quality analyses shall be performed by a laboratory
certified by the State of Utah to perform such analysis. d)Water Level Measurement and Potentiometric Surface - During each well sampling event, Permittee shall measure water level in
each monitoring well prior to removal of any water from the well bore. These measurements will be made 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. These measurements will be used to provide updated potentiometric surface maps with each semi-annual report.
e)Sampling Protocol - Permittee shall collect, handle, and analyze water quality samples in conformance with the Ground Water Characterization and Monitoring Plan (GCMP) approved by
the Director and included in appendix F.f)Constituents Sampled - Permittee shall perform the following analysis on all water quality samples collected:
Field Measurements: pH, specific conductance, temperature, dissolved oxygen, oxidation-reduction potential.
Laboratory Analysis:
Major Ions: alkalinity,calcium, chloride, magnesium, potassium, sodium, and sulfate;
Total Dissolved Solids (TDS);Metals (dissolved): arsenic, barium, cadmium, chromium, copper, lead, selenium, silver, and zinc. g)Analytical Procedures - Permittee shall conduct water
sample analysis according to test procedures specified under Utah Admin. Code R317-6-6.3L. The GCMP details the analytical and field procedures which comply with the above referenced
code.2.Operational Monitoring will be used to assure inflows are consistent with the approved BAT performance standards for this Permit.
Monitoring of Inflows - Except for waste stream (i) identified above in Part I.D.2, Permittee shall characterize each inflow to the Facility listed in Part I.D using, at a minimum, the
SPLP (EPA SW846 Method 1312) or TCLP (EPA SW846 Method 1311), as appropriate, and total metals analysis. The details for monitoring of inflows are described in the Compliance and Operational
Monitoring Plan found in Appendix D.
Permittee shall perform ongoing monitoring of tailings materials inflow for acid generation potential. These characterizations shall be performed in accordance with the Assessment of
Acidification Potential Plan found in Appendix C. 3.Monitoring Frequency
Well Monitoring Frequency - Permittee shall sample all existing compliance monitoring wells according to the frequency listed in Table 1 of the Compliance and Operational Monitoring
Plan in Appendix D throughout the term of this Permit.
Accelerated Background Monitoring Program - Permittee shall conduct an accelerated ground water monitoring program to establish ground water protection levels for new or replacement
compliance monitoring wells. Ground water quality samples will be collected and analyzed for all compliance monitoring wells in accordance with the following requirements:
Permittee shall collect water samples quarterly from each well according to the requirements of Part I.E.3.a above and the Kennecott Groundwater Characterization Monitoring Plan until
a total of twelve (12) samples events have been completed.
After twelve (12) sample events have been completed, Permittee shall submit an Accelerated Background Monitoring Report with all field data sheets, laboratory analytical reports, and
the following statistical calculations for each well presented in spreadsheet format for each compliance monitoring parameter in table 1 of Appendix A.
1. Non-detect values converted to the detection limit;
2. Mean concentration;
3. Standard deviation;
4. Mean concentration plus two standard deviations;
5. Mean total dissolved solids concentration times 1.25;
6. Mean concentration of all other constituents times 1.5; and
7. Ground water quality standard times 0.5.
After review and approval of the Accelerated Background Monitoring Report, the Director will establish well specific ground water protection levels for each relevant constituent in accordance
with Utah Admin. Code R317-6-4.
Following completion of accelerated sampling, the Director may authorize monitoring on a semiannual sampling frequency. If an established ground water well is switched to a compliance
monitoring well, the Director will consider the well’s historical data instead of three years of monitoring.
Operational Monitoring Frequency - Permittee shall conduct operational monitoring, including monitoring of inflows, semi-annually throughout the term of this Permit, except for tailings
underflow samples noted in Standard Operating Procedure #2 of Assessment of Acidification Potential Plan in Appendix C.
Radionuclides - Permittee shall sample monitoring wells NET1386 A&B, and NET1393 A&B once every five years prior to permit renewal for Uranium, Radium 226, Radium 228, Gross Alpha, and
Gross Beta Particle. Permittee shall submit the analytical results in the ground water discharge permit renewal application.4.Post-Closure Monitoring
Permittee shall conduct post-closure monitoring in accordance with the conceptual post closure monitoring program submitted in the 2003 Bingham Canyon Mine Reclamation and Water Management
Plan received in a prior permit application.DEMONSTRATION OF COMPLIANCE1.Probable Out-of-Compliance for Ground Water Protection Levels If the concentration of any constituent exceeds
the applicable permit limit, Permittee shall:
a)Notify the Director in writing within 30-days of receipt of the data.b)Resample the well to confirm the probable out-of-compliance status within 60 days of receipt of the data and

immediately initiate quarterly sampling if the value exceeds both the background concentration of the pollutant by two standard deviations and an applicable permit limit, unless the
director determines that other periodic sampling is appropriate, for a period of two quarters or until the compliance status of the facility can be determined.
2.Out-of-Compliance Status for Ground Water Compliance Wells LimitsOut-of-compliance status exists when two or more consecutive samples from the same compliance monitoring well exceed
the ground water protection level listed in Table 1 for that well. 3.Upon detecting an out-of-compliance situation, Permittee shall:
a) Within 24 hours of detection, notify the Director of the out-of-compliance status, followed by a written notice within 5 business days of the detection.
b) Initiate quarterly sampling until the Facility is brought into compliance, unless the Director determines that other periodic sampling is appropriate.
c) Within 30 days of confirmation, submit a Source Assessment and Compliance Schedule to the Director that outlines the following:i) Assessment of the source or cause of the contamination,
and determination of steps necessary to correct the source; ii) Assessment of the extent of the ground water contamination and any potential dispersion; and iii) Evaluation of potential
remedial actions to restore and maintain ground water quality, and ensure that the ground water standards will not be exceeded at the compliance monitoring wells.
d) Implement the Source Assessment and Compliance Schedule as directed by the Director.NON-COMPLIANCE WITH BEST AVAILABLE TECHNOLOGY1.Permittee is required to maintain BAT in accordance
with the approved design and practice for this Permit. Failure to maintain BAT or maintain the approved design and practice is a violation of this Permit. In the event an enforcement
action is initiated against Permittee for violation of permit conditions relating to BAT, Permittee may affirmatively defend against that action by demonstrating the following:
a) Permittee submitted notification in accordance with Utah Admin. Code R317-6-6.13;
b) The failure was not intentional or caused by Permittee’s negligence, either in action or in failure to act;
c) Permittee 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
d) The provisions of Utah Code § 19-5-107 have not been violated. REPORTING REQUIREMENTS1.Reporting
a) Permittee shall submit to the Director water quality sampling results with any supporting data for compliance monitoring wells twice per yearas follows:
Reporting PeriodResults Due On
1st January to JuneAugust 15
2ndJuly to DecemberFebruary 15
b) Operational Monitoring - Operational monitoring results including interstitial waters, decant pond flows, tailings inflows, and acidification analysis shall be submitted in an
annual report by March 31 of each year.
c) Failure to submit reports within the time frame due is a violation of this Permit and may result in enforcement action. 2.Electronic Filing Requirements- Permittee shall electronically
submit the required ground water monitoring data in the electronic format specified by the Director. The data should be in an Adobe PDF document sent by e-mail, CD, USB flash drive,
or other approved transmittal mechanism.3.Documentation of New and Replacement Well Installations - Within 60 days of completion of any new or replacement monitoring well, Permittee
shall submit a report for the wells. The report shall include:
Casing: depth, diameter, and type of material;
Screen: length, depth interval, diameter, material type, slot size;
Sand Pack: depth interval, material type and grain size;
Annular Seals: depth interval, material type;
Surface Casing and Cap: depth, diameter, material type, protection measures constructed;
Elevation and Well Location: ground surface elevation, elevation of water level measuring point, latitude and longitude in degrees, minutes and seconds; and
Description: well construction description, well completion description, results of well pump tests or slug tests.PERMIT RENEWAL APPLICATION ITEMS
As a part of the application for permit renewal every five years, Permittee shall include water level data and a potentiometric surface map for both the shallow and principal aquifer
systems within at least a one-mile perimeter and underlying the Facility. The water level data and maps will delineate temporal changes in water levels that have occurred during the
term of the permit. Monitoring results for radionuclides and uranium in wells NET1386A&B and NET1393A&B will be included in the renewal application.COMPLIANCE SCHEDULE
Facility Closure Plan - At any time during the effective period of this Permit, Permittee shall submit within 180 days of written request by the Director, a revised closure plan for
the Facility. The currently approved preliminary closure plan for the Facility is contained within “Reclamation and Water Management Plan, Kennecott Utah Copper Corporation, Bingham
Canyon Mine” submitted in March 2003. Within three years of mine closure, Permittee shall submit a final set of engineered drawings and plans that clearly define the scope of the final
closure for the North Tailings Impoundment and the South Tailings Impoundment and the East Tailings Expansion. The plan shall provide details on all aspects of closure and closure monitoring
which are related to or have an impact on surface water or ground water quality, including all pre- and post-mine closure water sources. For any issues that require further study prior
to finalizing aspects to the closure plan, details on what each study will include, and a schedule with milestones for each segment of the study shall be included in Permittee's revised
plan.
Evaluations - Permittee shall conduct the following evaluations and provide the following information to evaluate the performance of the discharge minimization design of the facility
and to provide an updated understanding of water quality underlying the facility:Discharge Minimization, Bonneville Clay, and Embankment Drainage System Information and Investigation-
Within one (1) year of the issuance of this Permit, Permittee shall submit to the Division the following information:
Compilation of previously submitted reports of the Bonneville clay investigations, including applicable updates, if any are identified.
An overview of the North tailings embankment drainage system design and analysis of its effectiveness in maintaining design phreatic surface levels in the embankment including phreatic
surface level over time. Compilation of previously submitted reports of the Hydrogeology for the North impoundment and East tailings expansion areas, including applicable updates, if
any are identified.Calculate the depth of equilibrium for the impoundment hydraulic head and upward groundwater flow.Following the submission of the previously identified information
the Director may require an investigation to show the physical integrity and continuity of the clay and drainage features based on a review of the provided information.
Molybdenum Sampling- Based on the processing and recovery of molybdenum and molybdenum ore at the locations which send waste materials to the Facility, Permittee shall sample permit
compliance wells for molybdenum during routine groundwater monitoring for foursemi-annual sampling events following issuance of this Permit. The results shall be included in the semi-annual
monitoring reports. Based on the results of the sampling the Director may establish a molybdenum permit specific standard andpermit limit based on Utah Admin Code R317-6-2.2.Blasting
Compounds Study and Sampling- Within one (1) year of the issuance of this Permit, Permittee shall begin to sample the compliance monitoring wells, tailings water and tailings slurry
on a semi-annual basis for blasting residue of any explosives used in the mine for a period of two years. The sampling shall include Total inorganic Nitrogen (TiN). The tailings slurry
at the north splitter box and the decant pond will be sampled for total petroleum hydrocarbons (TPH) semi-annually for a period of two years. If petroleum hydrocarbons are detected in
the decant pond and tailings slurry the Director may require the compliance monitoring wells to be sampled for TPH. Results for TiN and TPH sampling shall be included in the regular
groundwater monitoring reports.Hydrostatic Equilibrium Calculation and Brine Mixing Zone Location – Within two (2) years of the issuance of this Permit, Permittee shall provide DWQ with

a report detailing the calculation of the equilibrium depth of hydraulic head pressure versus natural upward flow in the subsurface below the facility as well as detailing the depth
and geographic location of the mixing zone between saline waters below The Great Sal Lake and the freshwater system underlying the facility.
Plan Review - Review the Assessment of Acidification Potential Plan to ensure reporting of the pH meter data from the north splitter box to the division with acidification potential
reporting. Collect and report the meteoric rainfall data for the neutralization process. If the plan requires an update to include reporting of the pH meter data, the permittee shall
submit an updated plan to the Division.II.MONITORING, RECORDING AND REPORTING REQUIREMENTSA. REPRESENTATIVE SAMPLING Permittee shall ensure samples collected in compliance with the
monitoring requirements established under Part I are representative of the monitored activity.B.ANALYTICAL PROCEDURES
Permittee shall conduct water sample analysis according to test procedures specified under Utah Admin. Code R317-6-6.3L, unless other test procedures have been specified in this Permit.
C.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, or by imprisonment, or by both.D.REPORTING OF MONITORING RESULTSPermittee shall submit monitoring results obtained for each monitoring period specified
in the Permit 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
P.O. Box 144870
Salt Lake City, Utah 84114-4870
Attention: Ground Water Protection Section
Electronic document submission: http://deq.utah.gov/ProgramsServices/services/submissions/E.COMPLIANCE SCHEDULES
Permittee shall submit reports of compliance or noncompliance with, or any progress reports on interim and final requirements contained in any Compliance Schedule of this Permit no later
than 14 days following each scheduled date. F.ADDITIONAL MONITORING BY PERMITTEE
If Permittee monitors any pollutant more frequently than required by this Permit, using approved test procedures as specified in this Permit, Permittee shall include the results of this
monitoring in the calculation and reporting of the data submitted. Such increased frequency shall also be indicated.G.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.H.RETENTION OF RECORDS
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
by request of the Director at any time.I.TWENTY-FOUR HOUR NOTICE OF NONCOMPLIANCE AND SPILL REPORTINGPermittee shall verbally report any noncompliance, or spills subject to the provisions
of Utah Code § 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 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 Time).Permittee shall also provide a written submission to the Director within five days of the time
that Permittee becomes aware of the circumstances. The written submission shall contain:a)A description of the noncompliance and its cause;b)The period of noncompliance, including exact
dates and times;c)The estimated time noncompliance is expected to continue if it has not been corrected; and,d)Steps taken or planned to reduce, eliminate, and prevent reoccurrence of
the noncompliance.3.Reports shall be submitted to the addresses in Part II.D, Reporting of Monitoring Results.J.OTHER NONCOMPLIANCE REPORTINGInstances of noncompliance not required to
be reported within 24 hours, shall be reported at the time that monitoring reports for Part II.D are submitted.K.INSPECTION AND ENTRYPermittee shall allow the Director, or an authorized
representative, upon the presentation of credentials and other documents as may be required by law, to:1.Enter upon Permittee's premises where the Facility is located, or where records
must be kept under the conditions of this Permit;2.Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Permit;3.Inspect at reasonable
times any Facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Permit; and4.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.III.COMPLIANCE RESPONSIBILITIESA.DUTY TO COMPLYPermittee
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. 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.BPENALTIES FOR VIOLATIONS OF PERMIT CONDITIONSThe 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. Nothing in this Permit shall be construed to relieve Permittee of the
civil or criminal penalties for noncompliance. C.NEED TO HALT OR REDUCE ACTIVITY NOT A DEFENSE In an enforcement action, it shall not be a defense that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Permit.D.DUTY TO MITIGATEPermittee 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.E.PROPER OPERATION AND MAINTENANCEPermittee
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 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 Permittee only when the operation is necessary to achieve compliance with the conditions of this
Permit. IV. GENERAL REQUIREMENTSPLANNED CHANGESPermittee 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 NONCOMPLIANCEPermittee
shall give advance notice of any planned changes in the Facility or activity which may result in noncompliance with permit requirements.PERMIT ACTIONSThis Permit may be modified, revoked
and reissued, or terminated for cause. The filing of a request by 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 REAPPLYIf Permittee wishes to continue an activity regulated by this Permit after the expiration date of this
Permit, Permittee must apply for and obtain a permit renewal or extension. The application shall be submitted at least 180 days before the expiration date of this Permit.DUTY TO PROVIDE
INFORMATIONPermittee 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. Permittee shall also furnish to the Director, upon request, copies of records required to be kept
by this Permit.OTHER INFORMATIONWhen 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, Permittee shall promptly submit such facts or information.SIGNATORY REQUIREMENTSAll applications, reports or information submitted to the Director shall
be signed and certified.1.All permit applications shall be signed as follows:a)For a corporation: by a responsible corporate officer;b)For a partnership or sole proprietorship: by
a general partner or the proprietor, respectively.c)For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official.2.All
reports required by this 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:a.The authorization is made in writing by a person described above and submitted to the Director; andb.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 be either a named individual or any individual occupying a named position.3.Changes to Authorization - If an authorization under Part IV 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 IV 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.4.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 REPORTSThe 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, or by both.AVAILABILITY OF REPORTSExcept for data determined to be confidential
by 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 RIGHTSThe 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.SEVERABILITYThe 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 invalid, the application of such provision to other circumstances, and the remainder of this Permit, shall
not be affected thereby.TRANSFERSThis Permit may be automatically transferred to a new permittee if:Permittee notifies the Director at least 30 days in advance of the proposed transfer
date;The notice includes a written agreement between the Permittee and new permittee containing a specific date for transfer of permit responsibility, coverage, and liability between
them; and3.The Director does not notify Permittee and the new permittee of his or her intent to modify, or revoke and reissue the Permit. If this notice is not received, the transfer
is effective on the date specified in the agreement mentioned in paragraph 2 above.STATE LAWSNothing in this Permit shall be construed to preclude the institution of any legal action
or relieve Permittee from any responsibilities, liabilities, penalties established pursuant to any applicable state law or regulation under authority preserved by Utah Code § 19-5-117.REOPENER
PROVISIONThis permit may be reopened and modified, following proper administrative procedures, to include the appropriate limitations and compliance schedule, if necessary, if one or
more of the following events occurs:1.If new ground water standards are adopted by the Board, this Permit may be reopened and modified to extend the terms of the Permit or to include
pollutants covered by new standards. Permittee may apply for an alternate concentration limit under the conditions outlined in Utah Admin. Code R317-6-6.4(D);2.If alternate compliance
mechanisms are required; or3.If water quality of the Facility is significantly worse than represented in the permit application.
Well
Class
pH
TDS
Sulfate
Arsenic
Barium
Cadmium
Chromium
Copper
Lead
Selenium
Zinc
NEL532A
Class III
6.5 - 8.5
8721
1264
0.265
1.000
0.003
0.050
0.650
0.005
0.025
2.50
NEL532B

Class III
6.5 - 8.5
10,200
123
0.292
2.000
0.003
0.050
0.650
0.005
0.025
2.50
NEL536A
Class II
6.5 - 8.5
2,137
402
0.050
0.500
0.0013
0.025
0.325
0.005
0.013
1.25
NEL536B
Class II
6.5 - 8.5
893
64
0.025
0.500
0.0013
0.025
0.325
0.005
0.013
1.25
NED604A
Class III
6.5 - 8.5
3,270
700
0.140
0.500
0.0013
0.025
0.325
0.005
0.013
1.25
NED604B
Class II
6.5 - 8.5
1,603
150
0.021
0.500
0.0013
0.025

0.325
0.005
0.013
1.25
NET646A
Class IV
6.5 - 8.5
none
6486
0.110
2.000
0.005
0.100
1.300
0.005
0.050
5.00
NET646B
Class IV
6.5 - 8.5
none
1416
0.225
2.000
0.005
0.100
1.300
0.005
0.050
5.00
NET1380A
Class III
6.5 - 8.5
8,100
1,898
0.025
1.000
0.003
0.050
0.650
0.005
0.025
2.50
NET1380B
Class II
6.5 - 8.5
1,535
16
0.013
0.500
0.003
0.025
0.325
0.005
0.013
1.25
NET1381A
Class IV
6.5 - 8.5
none

850
0.091
1.000
0.003
0.050
0.650
0.005
0.025
2.50
NET1381B
Class IV
6.5 - 8.5
none
1277
0.175
1.000
0.003
0.050
0.650
0.005
0.025
2.50
NEL1382A
Class III
6.5 - 8.5
6,450
305
0.289
1.000
0.003
0.050
0.650
0.005
0.025
2.50
NEL1382B
Class II
6.5 - 8.5
2,822
105
0.393
1.000
0.003
0.050
0.650
0.005
0.025
2.50
NEL1382C
Class II
6.5 - 8.5
2,000
96
0.575
1.000
0.003
0.050
0.650
0.005
0.025

2.50
NET1383A
Class III
6.5 - 8.5
7,500
330
0.263
1.000
0.003
0.050
0.650
0.005
0.025
2.50
NET1383B
Class III
6.5 - 8.5
9790
279
0.340
1.000
0.003
0.050
0.650
0.005
0.025
2.50
NET1384A
Class IV
6.5 - 8.5
none
5000
0.113
2.000
0.005
0.050
1.300
0.005
0.050
5.0
NET1384B
Class IV
6.5 - 8.5
none
3164
0.327
2.000
0.005
0.100
1.300
0.005
0.050
5.0
NET1385A
Class III
6.5 - 8.5
6743
212
0.159
1.000

0.003
0.050
0.650
0.005
0.025
2.50
NET1385B
Class III
6.5 - 8.5
7300
249
0.199
1.000
0.003
0.050
0.650
0.005
0.025
2.50
NET1386A
Class IV
6.5 - 8.5
none
150
0.021
2.000
0.003
0.050
0.650
0.005
0.025
2.50
NET1386B
Class IV
6.5 - 8.5
none
72
0.100
1.000
0.003
0.050
0.650
0.005
0.025
2.50
NEM1387
Class II
6.5 - 8.5
1858
400
0.041
1.000
0.003
0.025
0.325
0.005
0.013
1.25
NET1393A
Class IV

6.5 - 8.5
none
150
0.071
2.000
0.005
0.100
1.300
0.005
0.050
5.00
NET1393B
Class IV
6.5 - 8.5
none
150
0.096
2.000
0.005
0.100
1.300
0.005
0.050
5.00
NET1490
Class II
6.5 - 8.5
2176
392
0.013
0.500
0.003
0.025
0.325
0.005
0.013
1.25
NET1491
Class II
6.5 - 8.5
3000
523
0.013
0.500
0.003
0.025
0.325
0.005
0.013
1.25
NET1492
Class II
6.5 - 8.5
3136
500
0.013
0.500
0.003
0.025
0.325

0.005
0.013
1.25
Ground Water Quality Standards
6.5 - 8.5
0.05
2.0
0.005
0.10
1.30
0.015
0.05
5.00
NOTES:

units: milligrams per liter (mg/L), except for pH;

Ground water protection levels and compliance limits are established in accordance with R317-6-4. Only the highest allowable value is shown in Table 1.
Last Revision date: April 2022
TABLE 2
TAILINGS OPERATIONAL MONITORING POINTS
Operational Monitoring Site
Sample ID
Sample Type or Location
Toe Ditch
TLP1436
Grab sample of ditch water
Toe Ditch
TLP1469
Grab sample of ditch water
Clarification Canal
CLC452
Grab sample from canal water
Seep
TLS1426
Grab sample from seep, if flowing
West Cyclone underflow tailings
TLP1485
Solids sample
West Cyclone overflow tailings
TLP1486
Solids sample
East Cyclone underflow tailings
TLP1487
Solids sample
East Cyclone overflow tailings
TLP1488
Solids sample
Smelter slag/hydromet tailings
TLP2593
Solids sample