STATE OF NEVADA

Department of Conservation and Natural Resources

Division of Environmental Protection

Bureau of Mining Regulation and Reclamation

Water Pollution Control Permit

Permittee: Marigold Mining CompanyMarigold MineP.O. Box 160Valmy, NV 89438

Permit Number: NEV0088040Review TypeiYeir/Revision: Renew,l 2020, Revision 00

Pursuant to Nevada Revised Statutes (NRS) 445A.300 through 445A.730, inclusive, andregulations promulgated thereunder by the State Environmental Commission and implemented bythe Division of Environmental Protection (the Division), this Permit authorizes the Permittee toconstruct, operate, and close the Marigold Mine, in accordance with the limitations, requirementsand other conditions set forth in this Permit. The Permittee is authorized to process up to 40million tons of ore annually.

This facility is located in Humboldt County, within portions of Sections 1 and 2, Township 32North (T32N), Range 42 East (R42E): Sections 1, 11-13. 23-25, 35, and 36, T33N, R42E Section36. T34N, R42E: Section 4-6, T32N. R43E: Sections 4-10. 16-21. and 28-33. T33N, R43E;Sections 19. 20. and 28-33. T34N. R43E. Mount Diablo Baseline and Meridian (MDB&M).approximately 30 miles southeast (by air) of the city of Winnemucca, Nevada.

The Permittee must comply with all terms and conditions of this Permit and all applicable statutesand regulations.

This Pen-nit is based on the assumption that the information submitted in the application of 8December 1988. as modified by subsequent approved amendments, is accurate and that the facilityhas been constructed and is being operated as specified in the application, The Permittee mustinform the Division of any deviation from or changes in the information in the application whichmay affect the ability of the Permittee to comply with applicable regulations or Permit conditions.

This Permit is efiective as of 16 May 2020 and shall remain in effect until 3 November 2024.cinless modified. suspended, or revoked.

Signed this 2_9 day of April 2020.

erChief Bureau of Mining Regulation and Reclamation

Marigold Mining CoinpaiiiMarigold Mine

Permit No NEI ‘0058010 fl?eneircil 2020, Rei’. 00)Page 2 of 19

Specific facility Conditions and Limitations

A. In accordance with operating plans and facility design plans reviewed and approved by theDivision the Permittee shall:

1. Construct. operate, and close the facility in accordance with those plans;

2. Contain within the fluid management system all process fluids including all meteoricwaters which enter the system as a result of’ the 25-year. 24-hour storm event. Any newprocess components or material modifications of existing process components shall hedesigned to contain all process fluids including all meteoric waters which enter thesystem as a result of the 500-year, 24-hour event; and

3. Not release or discharge any process or non-process contaminants from the fluidmanagement system.

B. Schedule of Compliance:

1. Ninety days prior to mining within 50 feet of the groundwater table in the MackayNorth and 5 North Pit (4,500 feet above mean sea level (amsl) and 4,490 feet amsl.respectively) submit a fate and transport model for review and approval by theDivision.

2. Sixty days prior to the start of construction of Heap Leach Pad Cell 23, the Permitteeshall submit, to the Division review and approval, a minor modification containing thedetailed designs.

The schedule of compliance items above are not considered completed until approved inwriting by the Division.

C. The fluid management system covered by this Permit consists of the following processcomponents:

1. Heap Leach Pad Cells 1 through 22, 2/3 Infill, East Expansion, Cell 24, and solutioncollection areas;

2. Double-lined Pregnant Ponds 1 through 6, Barren Ponds 1 and 2, and the single-linedStormwater Overflow Pond;

3. Solution collection pipes and lined solution collection ditches;

4. Leak Detection. Collection, and Recovery Systems for Heap Leach Pad, solcttioncollection areas, Pregnant Ponds 1 through 6, and Barren Ponds 1 and 2;

5. Transfer pipes. valves, and pumps used in conveyance, control or detection of processfluids between process components:

6. Process recovery facilities including, but not limited to, all tanks. basins. sumps.pumps, and piping and associated components; and

7. Marigold Tailings Impoundment (in closure).

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D. Monitoring Requirements

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Permit No. NE! 0088030 (Reneii’al 1020, Rev. 00)Page 3 of 19

Identification Parameter Frequency

1. Production Wells:

WWY, WW2B, and WW3B Profile 1(2) Annually

2. Pond Leak Detection Sumps:1pproxi,na!e irorkuig amp i’ohn,ie / 200gallons. each]

Pregnant Pond I (PPLDS1) Average daily WeeklyWPregnant Pond 2 (PPLDS2), accumulation (gpd)Pregnant Pond 3 (PPLDS3),Pregnant Pond 4 (PPLDS4),Pregnant Pond 5 (PPLDS5),Pregnant Pond 6 (PPLDS6),Barren Pond 1 (BPLDS1). andBarren Pond 2 (BPLDS2)

3. Leach Pad Monitoring Points(monitoring welisi:

LDMP1. LDMP2. LDMP3. Profile 1(2). depth to QuarterlyLDMP4, LDMPI3, and groundwater (feet bgs),LDMPY4 groundwater elevation

(feet amsl), and collarelevation (feet amsl)

4. Leach Pad Cell 7 Leak Detection —

Monitoring Port61:

LPLD7 Flow (gpd); WeeklyW;

Profile j(2) Quarterly (16)

5. Tailings Impoundment Monitoring Points trnonitoringweHs]113:

TDOHI, TDOH4, TDOH12U, Depth to grocrndwater (feet Annually;TDOHI2L, TDOH13. TDOHI4, bgs), groundwaterTDOH15. TDOI-116. TDOH17. elevation (feet amsl). andTDOH18U, TDOH19L. collar elevation (feetTDOH2OU. and TDOH2OL: amsl):

TDMP2R, TDOH2, TDOH3, Profile 1(2). depth to Annually;TDOH5, TDOH1$L, and groundwater (feet bgs),TDOH19L; groundwater elevation

(feet amsl). and collarelevation (feet amsl);

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Identification Parameter frequencyTDMP2R, TDOH2. TDOH3. and TDS. Chloride. WAD Semi-annually (1stTDOH5: Cyanide, Barium, and quarter and 3td

Nitrate+Nitrite (as N) cluarter);

TDOHI8L and TDOHI9L TDS. Chloride. WAD QuarterlyCyanide. Barium. Arsenic.and Nitrate+Nitrite (as N)

6. Process Solutions:

Pregnant Pond 1 (PP 1), Pregnant Profile j(2) Quarterly

Pond 2 (PP2), Pregnant Pond 3(PP3), Pregnant Pond 4 (PP4),Pregnant Pond 5 (PP5), PregnantPond 6 (PP6), Barren Pond I(BP1), and Barren Pond 2 (3P2)

7. Tailings Reclaim Water:

Tailings Reclaim Water (RW) Profile 1(2) Annually

8. Mined Materials:

Antler. Basalt. Mackay Pit ANP/AGP(4N6): Minimum of one(including the previously separate static test per 500,000Target 1, Target 2, Target 3, and tons waste rockEast Hill pits). Mackay North Pit moved per geologic(including the previously formation. reportedseparate 8-Pit and Terry Zone quarterly:Pit) and 5-North

MWMPt5-Profile 1(21 and Quarterly (of.ANP/AGP146 composite samples)t231

Leach Pad Ore ANP/AGP46 Quarterly

9. Single-Lined Overflow/Storm-water Pond 2:

SW2 Number of days used Quarterly (when used)

10. Trout Creek Surface WaterMonitoringt 14):

TC-2. TC-3, TC-4. and TCD-OF Profile j(2) Quarterly (if flowing)

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Identification Parameter Frequency1 1. Groundwater Monitoring Points

[monitoring wel1sV15:

MPS31-1 and MPS9-1; Profile j(2); Quarterly;

MPS3I-1, MPS9-1, and Depth to groundwater (feet QuarterlyMPSI9-1 bgs), groundwater

elevation (feet amsi), andcollar elevation (feet amsi)

12. Petroleum-Contaminated Soil(PCS) Screening Analysis:

Each temporary holding pad and VOCst8, SVOCs9, Qciarterly, prior totreatment cell, by PCS source TPI-1001; removal I);

type;

Each approved on-site disposal VOCs, SVOCst9, Quarterly afterlocation, by PCS source type TPH110 provisional

placement I)

13. PCS Hazardous WasteDeterminations:

Each PCS source Hazardous waste When required2determination 12)

14. Overall PCS Management:

Each temporary holding pad and PCS volume added (cu Quarterlydisposal location by PCS source yds), volume removed (cutype yds), destination, and total

volcirne present (cu yds)

15. Pit Lake Monitoring

Mackay, Mackay North, and 5 Presence of Water; Quarterly;North Pits;

General Monitoring — each pit Photograph, lake surface Monthly;lake; elevation (ft amsl),

maximum lake depth (ft),lake area (acres);

Water Column Monitoring8 — Continuous field Monthly;each pit lake; temperature (°F)9 and

specific conductance(tS/cm)9 with depth (ft);

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Identification Parameter frequencySurface Sarnplest20 — each pit field pH (SU)119, field Eh Monthly:lake; (mV)t19; (also consider

adding DO (mg/L) ifwarranted)

Quarterly:Profile III

Depth Samplest2 — each pit lake Field pH (SU)t19, field Eh Monthly;

that is >25 feet deep or has an (mV)3, depth below

outflow to groundwater surface (ft); (also consideradding DO (rng/L) ifwarranted)

Profile j(2) depth below Quarterlysurface (ft)

16. Weather Station facilityAmbient Conditionse Ambient temperature, Daily

( mm/max), relativehumidity (%). wind speed(mph). wind direction(azimuth degree), totalprecipitation (inches), solarirradiance (W/rn2). andSWE (inches)

The Permittee may request a reduction of the monitoring frequency after four quarters ofcomplete monitoring based on justification other than cost. Such reductions may beconsidered modifications to the Permit and require payment of modification fees.

Abbreviations and Definitions:

amsl = above mean sea level; ANP/AGP Acid Neutralizing Potential:Acid GenerationPotential ratio; ASTM = American Society for Testing and Materials; CaCO3 = calciumcarbonate; DO = dissolved oxygen; Eh = chemical reduction potential; EPA U.S.Environmental Protection Agency; epilimnion = the uppermost layer in a stratified lake;gal = gallons; gpd gallons per day; gpm = gallons per mincite; hypolimnion a lowerlayer in a thermally stratified lake below the metalimnion; metalimnion a middle layerin a thermally stratified lake characterized by a temperature decrease with depth: mg/L =

milligrams per liter; mifi/max = minimum and maximum; monimolimnion = the lowerlayer in a chemically stratified lake that does not mix with other layers: mph = miles perhour; mV millivolts; MWMP = Meteoric Water Mobility Procedure; N = nitrogen; NAC= Nevada Administrative Code; NDEP = Nevada Division of Environmental Protection: P= phosphorous: pCi/I = picocuries per liter; PCS = Petroleum-Contaminated Soil; p1-I =

the negative of the base 10 logarithm of the activity of the hydrogen ion: stratified = a pitlake that has distinct chemical and/or temperature layers; SU = standard cmits for p11measurement; SVOCs = semi-volatile organic compounds; SWE = snow water equivalent;TPH = total petroleum hydrocarbons; VOCs volatile organic compounds; WAD = weak

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acid dissociable; W/m2 watts per square meter; ¾ = percent; * multiplication symbol;> = greater than; = greater than or equal to; < less than; °f = degrees Fahrenheit; tg/L= micrograms per liter; tS/cm = microSiemens per centimeter

Footnotes:

(1) The sumps must be inspected and evacuated on a more frequent basis than weekly ifthe fluid level is above the top of the sump or the invert of any pipe which dischargesinto the sump, whichever level is lower, or if the potential exists to exceed the sumpcapacity. Records are required that document the volume, date, and time of extractionto show that sumps are maintained in this condition.

(2) Profile I:

Alkalinity (as CtICO) Cadmium Magnesium Silver

B i carbonate Calcium Manganese Sodium

Total Chloride Mercury Sulfate

Aluminum Chromium Nitrate + Nitrite (as N) Thallium

Antimony Copper Nitrogen, Total (as N) Total Dissolved Solids

Arsenic Fluoride p1-I ± 0,1 SU) (3) WAD Cyanide

Barium Iron Potassium Zinc

Bei-vllium ] Lead Selenium —

(3) All sample analyses resulting in a pH value less than or equal to 5.0 SU shall alsobe analyzed for acidity (mg/L, as CaCO3 equivalent).

(4) When static testing characterization of Mined Materials shows the potential for acidgeneration as set forth in the current version of the Division’s guidance document‘Waste Rock, Overburden, and Ore Characterization and Evaluation”, the Permitteeshall, as applicable, notify the Division in writing and initiate kinetic testing7 within10 days.

If the kinetic test results indicate acid generation conditions exist, the Petmittee shallsubmit in writing, within 30 days, the methods proposed for providing containmentof these materials and the anticipated impact this acid generation potential may haveon final stabilization of all components affected as defined in Nevada AdministrativeCode (NAC) 445A.359.

(5) The Meteoric Water Mobility Procedure (MWMP) shall be performed by a Nevadaapproved laboratory. in accordance with ASTM Method E 2242-13 (or the mostcurrent method).

(6) Acid Neutralizing Potential/Acid Generating Potential (ANP/AGP, also known asstatic testing or acid-base accounting) shall be performed by a Nevada-approvedlaboratory, using a LECO-type analysis, with full sulfur speciation ifANP/AGP <1 .2,in accordance with the most current update of the Nevada Modified Sobek Procedcire.

(7) Kinetic testing (hcimidity cell testing) shall be performed by a Nevada-approved

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laboratory. in accordance with ASTM Method D 5744-18 Option A’ (or the mostcurrent approved method): tests shall be run for a minimum of 20 weeks and for alonger dciration if warranted or recommended by the analytical laboratory or requiredby the Division; samples shall be collected weekly (all weeks) and measurementsshall be recorded for redox potential, pH, specific conductance (liS/cm), acidityand/or alkalinity (as deemed appropriate by the laboratory), sulfate, iron (total, plusferric and ferrous speciation if total iron> 0.6 mg/L and p1-I < 5 SU), and dissolvedcalcium and magnesium; weekly filtered extracts per the method will be digested andanalyzed for total recoverable concentrations during week 0, 1, 2, 4, 8, 12, 16, and20; 4-week extracts thereafter (i.e., week 24, 28, 32, etc.) shall be analyzed by aNevada-certified analytical laboratory for Profile 1(2) parameters. and specificconductance (tS/cm) and acidity and/or alkalinity shall be recorded as recommendedby the analytical laboratory: final results reported shall include initial and final statictest results. a Profile j(2) analysis of the final leachate. all kinetic test results above.and any additional analyses required by the Division.

(8) Volatile Organic Compounds (VOCs) analyzed by a Nevada-certified laboratoryusing the most recent published version of EPA Method 8260.

(9) Semi-Volatile Organic Compounds (SVOCs) analyzed by a Nevada-certifiedlaboratory using the most recent published EPA Method 8270.

(10) Total Petroleum 1-lydrocarbons (TPI-J) analyzed by a Nevada-certified laboratoryusing EPA Method 801 5 Modified. If any gasoline-range petroleum is suspected, orif the source-type is unknown. both TPH-P (purgeable) and TPI-1-E (extractable) arerequired. Otherwise. only TPH-E is required.

(11) Each segregated source type of PCS must be sampled separately pursctant to theapproved sample collection protocol. For temporary holding pads and treatmentcells, analyses are required only in quarters when PCS removal from the pad isanticipated. Removal to an on-site disposal location is authorized if PCS meetsscreening levels, For approved on-site disposal locations, analyses are required onlyin quarters when PCS has been provisionally placed subject to screening results.

(12) A hazardous waste determination is required: a) Initially, for each PCS source priorto management under the PCS Management Plan; b) When a PCS waste stream issttspected to have changed character since the last determination; and c) When ahazardous constituent is detected during screening analyses at a concentrationsuggestive of hazardous waste. Determinations must be performed pursuant to 40Code of Federal Regulations (C FR) 262.11 using operator knowledge and/orapplicable analytical testing methods desci’ibed in EPA publication SW-846.Operator knowledge must be adequately described and sufficient to justify thedetermination.

(13) Tailings Impoundment Monitoring Point Notes: TDMP 1, TDMP3, MMCPZIthrough MMCPZ6, TDOII6, and TDO118 were plugged and abandoned pursuant toapproved Tailings Facility Closure Plan, Tailings Interceptor Ditch Sumps TDISIand TDIS2 abandoned in accordance with Division-approved Tailings FacilityClosure Plan.

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(14) Trout Creek Surface Water Monitoring Locations:

TC-2 Western Expi oration-Doby George Proj eel (WEDG)-Marigoldboundary line in Section 1 9

TC-3 WEDG-Marigold boundary line in Section 30;TC-4 WEDG-Marigold bocindary line in Section 6: andTCD-OF Point where Trout Creek Diversion overflow channel terminates

within the southeast quarter of Section 25. Township 33 North. Range42 East, MDB&M.

(1 5) Groundwater Monitoring Locations:

MPS3I-1 Replaces MIL200I-1 and MIL200I-2 in previous Permits;MPSI9-1 Replaces MIL200I-3 in previous Permits; andMPS9-l Southeast corner of Section 9, Township 33 North, Range 43 East,

MDB&M.

(16) Cell 7 monitoring port LPLD 7 will be monitored weekly for flow rate and quarterlyfor Profile I constituents. Results will be reported quarterly. A separate reportregarding the performance of the Cell 7 Remedial Action will be submitted quarterly.

(17) for presence of water. state whether the pit surface is dry, damp. or wet (ponded orflowing water). If ponded water has been present for at least one year, the Permitteeshall perform the required monitoring for pit lakes.

(1 8) A continuous temperature-condctctivity profile shall be completed for the entire watercolumn at the deepest location in each pit lake.

(19) field measurements (e.g.. temperature. specific condcictance. p1—I, Eh. etc.) shall bemade at the Project site concurrent with the monitoring activity using a calibratedinstrument, and do not require analysis by a laboratory certified or approved by theState of Nevada as otherwise specified in Part I1.E,5. Field measurements must beaccompanied by appropriate calibration information.

(20) The surface samples must be collected less than 10 feet below the surface of the pulake.

(21) Depth sampling shall be performed at the deepest location in each pit lake. Thenumber and depth of samples shall be determined based on the temperature-conductivity profile of the water column at the time of sampling. If the lake isstratified, collect a separate depth sample from each distinct layer in the water column(e.g., from the epilimnion. metal imnion, hvpolimnion. and monimolimnion. asapplicable; however, note that the quarterly sample from the surface layer[epilimnion] must be analyzed for Profile III constituents per the surface samplerequirements whereas the quarterly depth samples from all other layers are analyzedfor Profile I constituents). If the lake is unstratified and between 25 and 50 feet deep,collect one depth sample from the lower half of the water colcinm. If the lake isunstratified and greater than 50 feet deep. collect two depth samples consisting of anintermediate sample from the middle third of the water column and a deep samplefrom the lower third of the water column. If the lake is less than 25 feet deep butincludes an outflow to groundwater (i.e., it is a hydrologic flow-through pit lake).

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collect a quarterly Profile I surface sample in addition to the quarterly Profile Illsurface sample.

(22) Profile III:

Alkalinity (as CaCO) Calcium Mercctry Strontium

Bicarbonate Chloride Molybdenum Sulfate

Total Chromium Nickel Thai hum

Aluminum Copper Nitrate + Nitrite (as N) Tin

Antimony fluoride Nitrogen, Total (as N) Total Dissolved Solids

Arsenic Iron pH ± t).I SU) Total Suspended Solids

Barium Lead Phosphorus Uranium

Beryllium Lithium Potassium Vanadium

Boron Magnesium Selenium Zinc

Cadmium Manganese Sodium -

(23) The samples collected during each quarter will be composited by material type andpit.

E. Quarterly and annual monitoring reports and spill reporting shall be in accordance withPart 11.3.

F. All sampling and analytical accuracy shall be in accordance with Part lIE.

G. Permit Limitations

1. The daily flow exceeding 75 gallons per day averaged over the quarter in the leakdetection port identified in Part I.D.4,

2. The daily flow exceeding 25 gallons per day averaged over the year in the leakdetection port identified in Part l.D.4.

3. The daily accumulation of flow exceeding 150 gallons per day averaged over thequarter in the leak detection sumps identified in Part I,D.2.

4. The daily accumulation of flow exceeding 50 gallons per day averaged over the yearin the leak detection sumps identified in Part I.D.2.

5. Failure to meet a Schedule of Compliance date or reqctirement.

6. Except as otherwise allowed by this Permit. a minimum 2-foot freeboard shall bemaintained in all ponds.

7. Storage of process solcition in any single-lined pond shall not exceed 20 days.

8. Active Heap Leach Cell 1-leights: Cell 8 shall not exceed a height of 100 feet abovethe HDPE liner surface. Cells 3.4. 5a. 5b. 6. 2’3 infill, 9, 10, and the East Expansionshall not exceed a height of 350 feet above the high-density polyethylene (HDPE) linersurface. Cells 11 through 1 9 and 24 shall not exceed a height of 400 feet above thel-IDPE liner surface. Cells 20 and 21 are limited to 265 feet above the liner surface onthe eastern slope and 245 feet above the liner surface on the western slope of the Cells.

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Cell 22 is limited to 200 feet above the liner surface. Cells 1, 2, 7, and $ are inactive

and cannot be utilized without Division approval.

9. The cumulative solution application rate to the heap leach pad shall not exceed thepermitted 20,000 gallons per minute (gpm). Additionally, the solution application rateper unit cirea should not exceed 0,0035 gpm per square foot (gpm/ft2.

10. PCS that exceeds screening levels shall not be placed at an on-site disposal location.

11. The facility shall not degrade waters of the State to the extent that applicable waterquality standards or reference values, and background concentrations. are exceeded.

Exceedance of these limitations may be Permit violations and shall be reported as specifiedin Part II.B.4.

H. The facility shall maintain automated or mancial calibrated rain and snow gauge(s), whichshall be monitored at least daily to record precipitation (inches of water. including snowwater equivalent). A written and/or electtonic record of precipitation data, and any otherweather data required in Part ID, shall be maintained on site and shall be submitted to theDivision upon request, with each Permit renewal application, and pursuant to Parts lI.B. Iand II.B.2, as applicable, in a Division-approved electronic format.

The Permittee shall inspect all control devices, systems. and facilities weekly, and during(when possible) and after major storm events, except the Marigold Tailings Impoundmentwhich shall be inspected monthly and during (when possible) and after major storm events.These inspections are performed to detect evidence of:

1. Deterioration, malfunction, or inwroper operation of control or monitoring systems:

2. Sudden changes in data from any monitoring device:

3. The presence of liquids in leak detection systems; and

4. Severe erosion or other signs of deterioration in dikes, diversions, closure covers, orother containment devices.

J. Prior to initiating permanent closure activities at the facility, or any process component orother source within the facility, the Permittee must have an approved final plan forpermanent closure.

K. The Permittee shall remit an annual review and services fee in accordance with NAC445A.232 starting .July 1 after the effective date of this Permit and every year thereafteruntil the Permit is tei’minated or the facility has received final closure certification from theDivision.

L. The Permittee shall not dispose of or treat Petroleum-Contaminated Soil (PCS) on the minesite except as authorized by the approved PCS Management Plan. The approved PCSManagement Plan and the Division’s Guidance for Mine-Site PCS Management Plans arehereby incorporated into this Permit by reference.

M. When performing dust suppression activities, the Permittee shall use best managementpractices and appropriate selection of water source and additives to prevent degradation ofwaters of the State. If a dust suppressant exceeds a water quality standard and the

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corresponding natural background water concentration in the area where dust suppressionwill occur. the Permittee shall demonstrate no potential to degrade waters of the State.

N. Continuing Investigations

1. The Petmittee shall submit to the Division for review and approval an updatedgroundwater flow model and pit lake study with each Permit renewal and with anyapplication to modify the Permit that could affect the pit lake predictive model. Thesubmittal shall also include an ecological risk assessment if the predictive pit lakemodel indicates the potential for exceedance of a Division Profile III reference value.unless the constituent concentration for each predicted Profile III exceedance is nogreater than the concentration evaluated in a previous Division-approved ecologicalrisk assessment for the Project. These studies and assessments shall address, at aminimum, the requirements of NAC 445A.429, and shall include all available data,alternative pit lake or backfill scenarios, and mitigations to reduce ecological risk andthe potential to degrade groundwater, as applicable. Approval may requiremodification of the Permit and payment of modification fees.

2. The Permittee shall submit to the Division for review and approval an updated wasterock management plan (WRMP) with each Permit renewal and with any application tomodify the Permit that could affect the WR1VIP. A revised WRMP must also beapproved prior to initiating mining or in-pit backfill activities not previously approved.The WRMP must include representative characterization data for all anticipated wasterock and overburden in accordance with the current version of the Division guidancedocument “Waste Rock, Overburden, and Ore Characterization and Evaluation.” inaddition to a detailed description of how. when, and where the materials will bemanaged and monitored. and appropriate controls to eliminate any potential to degradewaters of the State, if applicable. Approval may require modification of the Permit andpayment of modification fees.

II. General Facility Conditions and Limitations

A. General Requirements

1. The Permittee shall achieve compliance with the conditions, limitations, andrequirements of the Permit upon commencement of each relevant activity. TheAdministrator may, upon the request of the Permittee and after public notice (ifrequired), revise or modify a schedule of compliance in an issued Permit if he or shedetermines good and valid cause (such as an act of God, a labor strike, materialsshortage or other event over which the Permittee has little or no control) exists for suchrevision.

2. The Permittee shall at all times maintain in good working order and operate asefficiently as possible, all devices, facilities, or systems installed or used by thePermittee to achieve compliance with the terms and conditions of this Permit.

3. Whenever the Permittee becomes aware that he or she failed to submit any relevantfacts in the Permit application, or submitted incorrect information in a Permitapplication or in any report to the Administrator, the Permittee shall promptly submitsuch facts or correct information. Any inaccuracies found in this information may be

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grounds for revocation or moditcation of this Permit and appropriate enforcementaction.

B. Reporting Requirements

1. The Permittee shall submit quarterly reports, in both hard copy and a Division—approved electronic format. which are due to the Division on or before the 2gth day ofthe month following the quarter and must contain the following:

a. Monitoring results from the leak detection sumps identified in Part 1.D.2 andreported on Nevada Division of Environmental Protection (NDEP) Form 0590 orequivalent;

b. Volumetric flow rate for the solution discharging from the monitoring p01-i

identified in Part I.D.4;

c. Analytical results of the solution collected from the monitoring locations identifiedin Parts I.D.3, I.D.4, I.D.5, I.D.6, 1Db, and I.D.1 I reported on NDEP Form 0190or an equivalent;

d. Water and collar elevations for monitoring points (monitoring wells) identified inParts I.D.3, 1.D.5 (TDOI-118L and TDOH19L only). and J.D.b1:

e. Analytical results of the MWMP-Profile I and ANP/AGP tests for the materialsidentified in Part l.D.8, reported on NDEP Form 0190 or equivalent;

f. Number of days used (if applicable) for the Stormwater Pond identified in PartI.D.9

g. Analytical results from pit lakes identified in Part I.D. 15, reported on NDEP form0290 and NDEP form 0190 or equivalent, as applicable

h. Other monitoring results for the pit lakes identified in Part ID. 15;

i. A record of releases, and the remedial actions taken in accordance with theapproved Emergency Response Plan on NDEP Form 0490 or an equivalent;

j. A separate report regarding the performance of the Cell 7 Remedial Actionactivities and performance;

k. Analytical results, copies of hazardous waste determinations, and monitoringresults, identified in Parts ID. 12 through ID. 14, pertaining to the approved PCSManagement Plan;

1. An updated list of all PCS sources managed under the approved PCS ManagementPlan. with any new or changed sources highlighted, reported on NDEP Form PCS01 or equivalent; current screening levels for each on-site disposal location; and adetailed explanation of any revisions to screening levels; and

m. For any kinetic test initiated, continued, or terminated with Division approval,

during the quarter in accordance with Part I.D.8. a brief report of the test status andan evaluation of the results to date, which shall include all analytical data generatedfrom the date testing was initiated through the reporting quarter.

Facilities which have not initiated mining 01. construction, must scibmit a quarterly

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report identifying the status of mining or construction. Subsequent to anynoncompliance or any facility expansion, which provides increased capacity, theDivision may require an accelerated monitoring frequency.

2. The Permittee shall submit an annual report, in both hard copy and a Division-approved electronic format, by February 28th of each year which contains thefollowing:

a. Analytical results of water quality samples collected from the production waterscipply wells identified in Part I.D.l teported on NDEP Form 0190 or eqLtivalent;

b. Analytical results for water samples collected from the monitoring points(monitoring wells) identified in Part J.D.5 reported on NDEP Form 0190 or anequivalent;

c. Analytical results for solutions collected from the monitoring points identified inPart I.D.7 reported on NDEP Form 0090 or an equivalent;

d. Water and collar elevations for monitoring points (monitoring wells) identified inPart I.D.5;

e. For any kinetic test initiated, continued, or terminated with Division approvalduring the year, provide a brief report of the test status and an evaluation of theresults to date, which shall include all analytical data generated from the date testingwas initiated through the reporting year;

f. A synopsis releases on NDEP Form 0390 or equivalent;

g. A brief summary of site operations. including the number of tons of ore placed onheaps during the year. construction and expansion activities, and major problemswith the fluid management system;

h. A table of total monthly precipitation amounts and other weather data, asapplicable, recorded in accordance with Parts I.D. 16 and 1.1-I, reported for either afive—year history’ previous to the date of submittal or the history since initial Permitissuance, whichever is shorter;

i. An updated version of the facility monitoring and sampling procedures andprotocols, as applicable;

j. An updated evaluation of the closure plans, as applicable, using specificcharacterization data for each process component with respect to achievingstabilization; and

k. Graphs of leak detection flow rates. p1-I, total dissolved solids Cl’ OS), sulfate.chloride. nitrate ± nitrite (as N). WAD cyanide. ficioride, zinc, and arsenicconcentration (as applicable), versus time for all fluid sampling points. Thesegraphs shall display either a five-year history previous to the date of submittal.Additional parameters may be required by the Division if deemed necessary.

3. Release Reporting Requirements: The following applies to facilities with an approvedEmergency Response Plan. If a site does not have an approved Emergency ResponsePlan, then all releases must be reported as per NAC 445A.347 or NAC 445A.3473, as

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appropriate.

a. A release of any quantity of hazardocis substance. as defined at NAC 445A.3454.to surface water, or that threatens a vulnerable resource, as defined at NAC445A.3459, must be reported to the Division as soon as practicable after knowledgeof the release, and after the Permittee notifies any emergency response agencies, ifrequired, and initiates any action required to prevent or abate any imminent dangerto the environment or the health or safety of persons. An oral report shall be madeby telephone to (888) 331-6337 for in-State callers or (775) 687-9485 for ocit-ofState callers, and a written report shall be provided within 10 days in accordancewith Part 1l,B.4.b.

b. A release of a hazardous substance in a quantity equal to or greater than that whichis required to be reported to the National Response Center pursuant to 40 CFR Part302 must be reported as required by NAC 445A.3473 and Part I1.B.3.a.

c. A release of a non-petroleum hazardous substance not subject to Parts l1.B.3.a. or1I.B.3.b., released to soil or other surfaces of land, and the total quantity is eqcial toor exceeds 500 gallons or 4,000 pounds, or that is discovered in or on grocindwaterin any quantity, shall be reported to the Division no later than 5:00 P.M. of the firstworking day after knowledge of the release. An oral report shall be made bytelephone to (888) 331-6337 for in-State callers or (775) 687-9485 for out-of-Statecallers, and a written report shall be provided within 10 days in accordance withPart 1I.3.4.b. Smaller releases, with total quantity greater than 25 gallons or 200pounds and less than 500 gallons or 4,000 pounds, released to soil or other surfacesof land, or discovered in at least three cubic yards of soil. shall be reported quarterlyon NDEP Form 0390 or equivalent.

d. Petroleum Products and Coolants: If a release is subject to Parts ll.B.3.a. orII.B.3.b., report as specified in Part Il.B.3.a. Otherwise, ifa release of any quantityis discovered on or in groundwater. or if the total quantity is equal to or greater than100 gallons released to soil or other surfaces of land, report as specified in PartII.B.3.c. Smaller releases, with total quantity greater than 25 gallons but less than1 00 gallons, released to soil or other surfaces of land, or if discovered in at leastthree cubic yards of soil, shall be reported quarterly on NDEP Form 0390 orequivalent.

4. The Permittee shall report to the Administrator any noncompliance with the Permit.

a. Each such event shall be reported orally by telephone to (775) 687-9400. not laterthan 5:00 P.M. of the next regular work day from the time the Permittee hasknowledge of the circumstances. This report shall include the following:

i. Name, address, and telephone nctmber of the owner or operator;

ii. Name, address, and telephone number of the facility;

iii. Date, time, and type of incident, condition, or circumstance;

iv. If reportable hazardous substances were released, identify material and reporttotal gallons and quantity of contaminant;

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v. Human and animal mortality or injury;

vi. An assessment of actual or potential hazard to human health and theenvironment outside the facility: and

vii. If applicable, the estimated quantity of material that will be disposed and thedisposal location.

b. A written summary shall be provided within 10 days of the time the Permitteemakes the oral report. The written summary shall contain:

1. A description of the incident and its cause;

ii. The periods of the incident (including exact dates and times);

iii. If reportable hazardous substances were released, the steps taken and plannedto complete, as soon as reasonably practicable, an assessment of the extent andmagnitude of the contamination pursuant to NAC 445A.2269;

iv. Whether the cause and its consequences have been cotiected. and if not, theanticipated time each is expected to continue: and

v. The steps taken or planned to reduce, eliminate, and prevent recur ence of theevent

c. The Permittee shall take all available and reasonable actions, including morefrequent and enhanced monitoring to:

i. Determine the effect and extent of each incident;

ii. Minimize any potential impact to the waters of the State arising from eachincident:

iii. Minimize the effect of each incident upon domestic animals and all wildlife;and

iv. Minimize the endangerment of the public health and safety which arises fromeach incident.

d. If required by the Division. the Permittee shall submit, as soon as reasonablypracticable, a final written report summarizing any related actions. assessments. orevaluations not included in the report required in Part II.B.4.b., and including anyother information necessary to determine and minimize the potential for

degradation of waters of the State and the impact to hciman health and theenvironment. Submittal of the final report does not relieve the Permittee from anadditional actions, assessments. or evaluations that may be required by theDi vi Si 00.

C. Administrative Requirements

1. A valid Permit must be maintained until permanent closure and post-closure monitoringare complete. Therefore, unless permanent closure and post-closure monitoring havebeen completed and termination of the Permit has been approved in writing by theDivision. the Permittee shall apply for Permit renewal not later than 120 days beforethe Permit expires.

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2. Except as required by NAC 445A.419 for a Permit transfer, the Permittee shall submitcurrent Permit contact information described in paragraphs (a) through (c) ofsubsection 2 of NAC 445A.394 within 30 days after any change in previouslysubmitted information.

3. All reports and other information reqciested by the Administrator shall be signed andcertified as required by NAC 445A.23 1.

4. All reports required by this Permit, including, but not limited to, monitoring reports.corrective action reports, and as-built reports, as applicable, and all applications forPermit modifications, shall be submitted in both hard copy and a Division-approvedelectronic format.

5. The Permittee shall submit any new or updated Universal Transverse Mercator (UTM)location data for all monitoring points specified in Part ID, expressed in meters anddecimals of a meter, using the Nevada Coordinate System of 1983 (also known as theNorth American Datum of 1983 or NAD 83, ref NRS 327.005), with each Permitrenewal, as-built report, and monitoring plan update, as applicable. Data shall besubmitted electronically to the Division in Excel format.

6. When ordered consistent with Nevada Statutes. the Permittee shall furnish any relevantinformation in order to determine whether cause exists for modifying. revoking andreissuing. or permanently revoking this Permit, or to determine compliance with thisPermit.

7. The Permittee shall maintain a copy of. and all modifications to, the current Permit atthe permitted facilities at all times.

8. The Permittee is required to retain during operation. closure and post-closuremonitoring, all records of monitoring activities and analytical results, including alloriginal strip chart or data logger recordings for continuous monitoringinstrumentation, and all calibration and maintenance records. This period of retentionmust be extended during the cocirse of any unresolved litigation.

9, The provisions of this Permit are severable. If any provision of this Permit, or theapplication of any provision of this Permit to any circumstance, is held invalid, theapplication of such provision to other circumstances, and the remainder of this Permit.shall not thereby be affected.

10. The Permittee is authorized to manage fictids and solid wastes in accordance with theconditions of this Permit. Issuance of this Permit does not convey property rights ofany sort or any exclusive privilege: nor does it authorize any injury to persons orproperty, any invasion of other private rights, or any infringement of federal, State orlocal law or regulations. Compliance with the terms of this Permit does not constitutea defense to any order issued or any action brought under the Water Pollution ControlStatutes for releases or discharges from facilities or units not regulated by this Permit.NRS 445A.675 provides that any person who violates a Permit condition is subject toadministrative orjcidicial action provided in NRS 445A.690 through 445A.705.

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D. Division’s Authority

The Permittee shall allow authorized representatives of the Division. at reasonable times.and upon the presentation of credentials to:

1. Enter the Permittee’s premises where a regulated activity is conducted or where recordsare kept per the conditions of this Permit;

2. F-Iave access to and copy any record that must be kept per the conditions of this Permit;

3. Inspect and photograph any facilities, equipment (including monitoring and controlequipment). practices, or operations regulated by this Permit; and

4, Sample or monitor for any substance or parameter at any location for the purposes ofassuring Permit and regulatory compliance.

E. Sampling and Analysis Requirements

I. Samples and measurements taken for the purpose of monitoring shall be representativeof the monitored activity.

2. For each measurement or sample taken pursuant to the conditions of this Permit, thePermittee shall record the following information:

a. The exact place, date, and time of the inspection, observation, measurement, orsampling; and

b. The person(s) who inspected, observed, measured. or sampled.

3. Samples must be taken. preserved, and labeled according to Division approvedmethods.

4. Standard environmental monitoring chain of custody procedures must be followed.

5. Samples shall be analyzed by a laboratory certified or approved by the State of Nevada,as applicable for the method(s) being performed. The Permittee must identify in allrequired reports the certified and approved laboratories used to perform the analyses,laboratory reference numbers, and sample dates, and for the electronic version of eachreport only, include all associated laboratory analytical reports, including test results,test methods, chain-of-custody forms, and quality assurance/quality controldocumentation.

6. The accuracy of analytical results. unless otherwise specified, shall be expressed inmg/L and be reliable to at least two significant digits. The analytical methods usedmust have a practical quantitation limit (PQL) equal to or less than one-half thereference value for Profile I and Profile III parameters. Laboratories shall report thelowest reasonable PQL based on in-house method detection limit studies. Samples forProfile I parameters shall be filtered and analyzed for the dissolved fraction, unlessotherwise required by the Division; samples for Profile III parameters shall beunfiltered and analyzed for the total recoverable fraction. Unless otherwise approvedby the Division, analytical results that are less than the PQL shall be reportedquantitatively by listing the PQL value preceded by the “<“ symbol.

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F. Permit Modification Requirements

1. Any material modification, as defined at NAC 445A.365, plan to construct a new

process component, or proposed change to Permit requirements must be reported to theDivision by submittal of an application for a Permit modification, or if such changesare in conformance with the existing Permit, by submittal of a written notice of thechanges. The Permit modification application must comply with NAC 445A.391through 445A.399. 445A.4 10. 445A.41 4, 445A.41 55. 445A.41 6, 445A.41 7. 445A.440,and 445A.442. as applicable. The construction or modification shall not commence,nor shall a change to the Permit be effective, until written Division approval is obtained.

2. Prior to the commencement of mining activities at any site within the State which isowned or operated by the Permiilee hut not identified and characterized in a previouslysubmitted application or report, the Permittee shall submit to the Division a reportwhich identifies the locations of the proposed mine areas and waste disposal sites, andcharacterizes the potential of mined materials and areas to release pollutants. Prior todevelopment of these areas the Division shall determine if any of these new sourceswill be classified as process components and require engineered containment as wellas Permit modification.

3. The Permittee shall notify the Division in writing at least 30 days before theintroduction of process solcttion into a new process component or into an existingprocess component that has been materially modified. or of the intent to commenceactive operation of that process component. Before introducing process solution orcommencing active operation, the Permittee shall obtain written authorization from theDivi si on.

4. The Permittee must obtain a written determination from the Administrator of anyplanned process component constrciction or material modification, or any proposed

change to Permit requirements, as to whether it is considered a Permit modification,and if so, what type.

5. The Permittee must give advance notice to the Administrator of any planned changesor activities which are not material modifications in the permitled facility thai mayresult in noncompliance with Permit requirements.

Prepared by: Natasha Zittel. P.E.Date: 23 April 2020

Revision 00: 2020 Reiiev al ‘Mor MoW Ocatioii

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