Exhibits
    A-D
    To
    the Petition for
    Review
    of
    a
    decision
    by
    the
    Illinois
    Environmental
    Protection
    Agency,
    July 2, 2009
    (Hilisboro
    Energy, L.L.C.,
    Deer Run
    Mine)

    Exhibit
    A:
    Joint Request
    for
    a Public
    Hearing
    by Prairie Rivers
    Network
    and
    the Illinois Chapter
    of
    the
    Sierra Club,
    July
    14, 2008

    S
    I E RRA
    ILLINOIS
    CHAPTER
    c:
    [Tj
    13
    70 East Lake Street Suite bOo Chica,o
    IL 60601
    wb tilmois sierruiub org
    EOUNDEO t892
    Sent via regular
    mail and email to larry.crislip@illinois.gov
    July 14, 2008
    Larry D.
    Crislip
    Illinois Enviromnental
    Protection Agency
    Bureau of Water,
    Division of Water Pollution Control
    Permit Section
    1021 North Grand Avenue East
    Post
    Office Box 19276
    Springfield, Illinois 62794-9276
    Re:
    NPDES
    Permit No. 1L0078727, Notice No. 4885c, Hillsboro Energy, L.L.C., Deer Run Mine,
    REQUEST
    FOR HEARING
    Dear Mr.
    Crislip:
    Prairie Rivers Network and the Illinois Chapter of Sierra
    Club request that a public hearing be held on the
    draft NPDES
    permit planned to be
    issued
    to
    Hillsboro
    Energy for discharges of alkaline mine drainages
    from the
    proposed
    new Deer Run
    Mine
    to be
    located
    east of the town of Hillsboro in Montgomery
    County, Illinois. The proposal includes 803.5 acres of surface development
    and a 4,786 acre shadow area
    for an underground coal mine. Members of our groups live and recreate
    in Montgomery County and
    depend on clean waters in streams and wetlands in the Shoal Creek
    watershed for activities including
    swimming, fishing, boating, birdwatching and other wildlife viewing.
    The proposed mine also
    encompasses land within
    the
    watershed of Hilisboro Lake,
    a source of drinking water for residents of the
    City of Hillsboro; the villages of Taylor Springs, Schram City and Coffeen; the
    Graham
    Correctional
    Institution and the Montgomery County Rural Water District.
    Objections
    As detailed below, we object to the issuance of this permit for the following reasons which are
    described
    in futher detail in the following paragraphs:
    • No information about
    potential impacts on
    public
    water supplies is included in the NPDES permit
    factsheet although it appears that
    Outfall
    005 from the coarse refuse disposal area drains to
    Hillsboro Lake and the mine shadow area clearly encompasses area that
    drains to
    Hillsboro
    Lake.’
    • Issuance of the proposed NPDES permit will allow the development of
    surface
    facilities
    for
    underground long wall mining, complete coal extraction
    and land subsidence whose impacts have
    not
    been fully anticipated or addressed.
    o
    Because the composition of the discharge has not been studied
    adequately, the
    discharges
    allowed
    by
    the
    permit may cause or contribute to a violation of
    state water quality standards in violation of
    40 CFR §122.4, 122.44(d) and 35 Ill. Adm. Code 302.105(c)(2)(B)(i),(ii),
    304.105, 309.141(d)
    and 309.142.
    Illinois Antidegradation Rule,
    35
    Ill. Adm.
    Code
    302.105
    (c)(B)(iii) has also not been satisfactory
    addressed in that alternatives for minimizing increases
    in pollutant loadings (sulfate, chloride,
    iron, manganese,
    etc)
    have not been fully explored.
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Sierra Club, Prairie Rivers Network on NPDES Permit
    No. 1L0078727, Notice
    No.
    4885c
    page
    2
    The proposed
    NPDES
    permit
    inadequately captures the
    impacts of the proposed mining activity. The
    surface facilities
    at this
    underground
    mine contains the incline
    slope
    to reach the coal seam, two vertical
    shafts,
    coal preparation plant, reclaim tunnels, rail loading
    loop, rail loadout, parking lots, access roads,
    drainage control structures, office buildings,
    change rooms, assembly rooms, warehousing facilities,
    administration building, storage facilities,
    elevator facilities, ventilation
    facilities, refuse
    disposal
    areas,
    overland conveyors, screens, crusher, power
    distribution facilities,
    power lines, water
    lines, parking
    lots,
    topsoil and subsoil stockpile areas. Seven
    sedimentation
    ponds are
    proposed as surface
    drainage
    controls.
    The draft permit
    states
    that
    all outfalls will
    drain to the Shoal Creek
    Watershed Structure No. 5, owned
    by
    the City of Hillsboro.The proposed permit
    fails to addess impacts
    to water quality
    likely
    to
    occur
    due to
    land subsidence caused by proposed longwall mining
    activities.
    Potential Impacts on Drinking Water Resources
    A major concern is Outfall 005, which drains the proposed
    coarse refuse disposal area (RDA). The
    permit notice states that this outfall drains to an
    unnamed tributary to Shoal Creek Watershed Structure
    No. 5. The map contained in the NPDES permit
    public notice is wholly inadequate for the public to
    be
    able to assess the impacts of the proposed mine on
    surface waters. It illustrates only the outfall locations
    without showing any detail of the many proposed surface
    coal mining facilities listed in the Construction
    Authorization No. 0006-0 8
    found in
    the draft permit, including the
    location of the planned
    sedimentation
    ponds and the path
    of flow from them. However,
    on Map 6 Surface Facilities
    2provided
    by
    Hillsboro
    Energy in their permit application to the Illinois
    Dept. of Natural Resources Office of Mine and Minerals,
    it appears that this
    outfall drains
    to a
    tributary
    to Lake Hillsboro,
    a
    source of drinking water for residents
    of the City of Hillsboro; the villages of Taylor
    Springs, Schram City and Coffeen; the Graham
    Correctional Institution and the Montgomery County Rural Water
    District. Potential impacts of the
    proposed mine on the quality of water which serves as a drinking
    water source for residents is a critical
    issue that is not addressed in the public notice and should
    be
    discussed
    at a public hearing. In addition,
    the impacts of land subsidence in the Lake Hilisboro watershed
    on the quality and quantity of the water
    supply to the lake need to be
    addressed before
    the mine is granted any permits.
    See
    Map
    8
    Post
    Subsidence, IDNR 0MM
    Permit Application
    No.
    3993
    Impacts of Proposed Mine Inadequately Addressed
    The proposed issuance of this NPDES permit is premature
    in that many deficiencies are present in
    Hillsboro Energy’s application for a mining permit (Permit
    No. 399). On May 30, 2008 the Illinois Dept.
    of Natural Resources Office of Mine and Minerals (IDNR
    0MM) requested that the applicant address
    61
    areas
    of
    concern.4Without the modifications requested
    by IDNR 0MM, the application does not comply
    with the requirements
    of the Illinois Surface
    Coal Mining Land Conservation and Reclamation Act.
    The
    deficiencies in the
    application include
    issues pertinent
    to the discharge
    of pollutants to
    Illinois
    waters
    from the proposed mine
    site. These include:
    14. Questions about
    soil stockpile
    15. Location of drain tiles in both the permit and shadow areas
    17.
    Questions about industrial land on the site
    18. Questions about
    the area of refuse disposal
    20. Questions about
    the proposed refuse disposal
    area (RDA), including liners, sediment ponds
    and
    ditches,
    quality controllquality assurance measures
    such that permeability of 1 x 1 0 cm!sec
    is
    achieved throughout the liner.
    21. Request to
    characterize
    surface and groundwater regimes
    in permit, shadow and adjacent areas,
    including the
    utilization of
    water for mine processes and impacts
    on the hydrological balance

    Sierra
    Club,
    Prairie
    Rivers
    Network
    on
    NPDES
    Permit
    No.
    1L0078727,
    Notice
    No.
    4885c
    page
    3
    22.
    Request
    to
    quantify
    seasonal
    variations
    in
    surface
    and
    groundwater
    regimes
    in
    the
    permit,
    shadow
    and
    adjacent
    areas,
    including
    descriptions
    of
    the
    streams
    present.
    23.
    Characterization
    of
    groundwater,
    seeps,
    streams,
    ponds
    within
    the
    permit,
    shadow
    and
    adjacent
    areas.
    24.
    Concerns
    regarding
    impacts
    of
    the
    mine
    on
    Lake
    Hilisboro,
    a
    drinking
    water
    source,
    from
    Outfall
    005.
    25.
    Questions
    about
    the
    water
    quality
    sampling
    protocols
    used
    by
    the
    applicant
    26.
    Impacts
    on
    water-bearing
    strata
    27.
    More
    information
    on
    potential
    acid/toxic
    forming
    materials
    and
    potentially
    alkaline
    producing
    materials
    requested
    28.
    Questions
    about
    extent
    of
    groundwater
    use
    by
    residents
    in
    the
    area
    29.
    Details
    of
    proposed
    NPDES
    sampling
    protocol
    requested
    30.
    Questions
    about
    hydrologic
    impacts
    31.
    More
    details
    on
    potential
    sources
    of
    contamination
    of
    surface
    and
    ground
    waters
    requested
    32.
    Previous
    mining
    activities
    impacts
    on
    surface
    and
    ground
    water
    33.
    How
    the
    applicant
    proposes
    to
    deal
    with
    the
    occurrence
    of
    acidic
    conditions
    34.
    Contradictory
    statements
    about
    the
    quality
    of
    groundwater
    35.
    Questions
    about
    groundwater
    quality
    data
    provided
    36.
    Potential
    for
    stream
    flow
    alterations
    due
    to
    mining
    activities
    need
    to
    be
    addressed
    37.
    Concerns
    about
    drainage
    from
    soil
    storage
    areas
    38.
    Inadequate
    information
    provided
    for
    areas
    identified
    as
    future
    refuse
    storage
    areas
    40.
    Concerns
    about
    roads
    and
    rail
    lines
    that
    do
    not
    drain
    to
    a
    sediment
    pond
    42.
    Concerns
    about
    proposed
    coal
    slurry
    impoundment
    44.
    Need
    to
    coordinate
    on
    JEPA
    and
    IDNR
    0MM
    concerns
    45.
    Concerns
    about
    drainage
    flow
    directions
    46.
    Description
    of
    measures
    to
    prevent
    coal
    and
    coal
    waste
    from
    entering
    streams
    requested
    53.
    Impacts
    to
    the
    Upland
    Management
    Area
    (previously
    Cranfill
    Unit)
    of
    the
    Coffeen
    Lake
    Fish
    and
    Wildlife
    Area
    have
    been
    ignored.
    55.
    Questions
    about
    planned
    monitoring
    of
    domestic
    and
    residential
    water
    supplies
    56.
    Concerns
    about
    request
    for
    an
    exemption
    from
    conducting
    a
    survey
    of
    water
    supplies
    In
    addition
    to
    the
    modifications
    requested
    by
    IDNR
    0MM
    above
    on
    the
    subject
    of
    hydrological
    impacts,
    we
    repeat
    the
    following
    concerns
    which
    the
    Sierra
    Club
    has
    previously
    raised
    to
    IDNR
    0MM
    about
    inadequacies
    in
    the
    permit
    application
    regarding
    impacts
    of
    the
    proposed
    mine
    on
    the
    hydrology
    of
    the
    area.
    5
    The
    permit
    application
    does
    not
    contain
    a
    complete
    and
    accurate
    hydrologic
    characterization
    of
    existing
    conditions
    in
    the
    proposed
    permit,
    shadow
    and
    potentially
    impacted
    adjacent
    areas
    (hereinafter,
    areas
    of
    concern).
    The
    permit
    application
    does
    not
    identify
    all
    of
    the
    important
    components
    of
    the
    ground-
    and
    surface
    water
    hydrology,
    natural
    and
    anthropogenic,
    in
    the
    areas
    of
    concern.
    When
    the
    permit
    application
    does
    identify
    such
    components,
    it
    does
    not
    individually
    characterize
    those
    components
    sufficiently
    to
    establish
    the
    existing
    seasonal
    variations
    in
    the
    quantity
    and
    quality
    of
    their
    water.
    Generally,
    the
    application
    does
    not
    quantify
    the
    existing
    directions
    and
    rates
    of
    water
    movement
    within,
    or
    existing
    exchanges
    among,
    components
    of
    the
    hydrology.
    In
    instances
    where
    such
    exchanges
    are
    described,
    the
    interpretation
    offered
    is
    inconsistent
    with
    the
    limited
    site
    data.
    The
    application
    does
    not
    quantify
    the
    existing
    seasonal
    variation
    in
    those
    rates
    and
    exchanges,
    or
    characterize
    the
    results
    of
    those
    exchanges.
    Hence,
    the
    permit
    application
    does
    not
    describe
    the
    existing
    hydrologic
    balance
    of
    the
    areas
    of
    concern.

    Sierra Club, Prairie Rivers Network
    on NPDES Permit No. 1L0078727,
    Notice No. 4885c
    page
    4
    The permit application does not contain
    complete and defendable predictions of the hydrologic
    conditions during- and post-mining in the
    areas
    of concern. The permit application does not
    identify all of the
    important
    future elements of the ground-
    and
    surface water hydrology,
    natural
    and anthropogenic, in the areas of concern. When
    the permit application does identify such
    components, it does not individually characterize
    those components sufficiently to predict
    reasonably
    the future seasonal variations in the quantity
    and quality of their water. The
    application does not quantify predictions of the future
    directions and rates of water movement
    within, or future exchanges among, components of the
    hydrology. The application does not
    quantify predictions of the future
    seasonal variation
    in those rates and exchanges, or characterize
    the
    results
    of those
    predicted exchanges.
    Hence,
    the permit application does not describe the
    future
    hydrologic balance of the areas of
    concern.
    The
    permit application contains a summary of the probable hydrologic consequences that is
    inaccurate, incomplete, and erroneous. This is partially due
    to
    the inadequacies in the
    characterizations, as described above. It is also due, however,
    to
    poor understanding of
    geological, hydrogeological, and geochemical
    principles that will influence the hydrologic
    consequences
    of the proposed operations.
    The
    permit application contains inadequate characterization
    of soil, rock, and
    water
    in
    the areas
    of concern to establish a reasonable list of constituents
    to be monitored for baseline and
    compliance monitoring under SMCRA. The constituents to
    be
    monitored appear
    to
    have been
    selected based
    upon the minimum lists provided
    in the application form and a presumption that
    the natural
    materials
    to be
    disturbed and the
    processing chemicals will contain no toxins, no toxic
    forming
    materials, and no sources of acidity other
    than pyritic sulfur. This list of constituents for
    monitoring needs to be
    established
    by demonstration relative to site-specific materials and
    processes that are part of a complete characterization, not
    by presumption.
    The
    permit application contains inadequate ground- and
    surface water monitoring plans.
    Monitoring locations are inappropriately positioned and/or insufficient
    in number
    for both plans.
    The parameters being monitored are potentially inadequate, as discussed above. The plans do
    not include a
    description of how the monitoring
    data will be used or interpreted to demonstrate
    that
    damage to the
    hydrologic balance within
    the permit area is being minimized and material
    damage outside the permit
    area
    is being prevented. The plans do not establish limits, thresholds,
    or
    trends for each parameter, exceedence of which would trigger enforcement
    by
    the
    agency,
    citizens,
    or courts and remedial action. There is no description
    of remedial actions that
    would
    be
    triggered
    by
    such enforcement.
    The permit
    application does not contain adequate
    descriptions of the materials, construction
    methods, and verification processes for building the “impervious”
    base
    for
    the
    coal storage area.
    The
    permit application does not contain a definition of what “impervious”
    means.
    The permit
    application does not appear to describe a comparable “impervious”
    base for the refuse
    storage
    area,
    an
    area that should be underlain by liners that will protect
    underlying
    groundwater
    resources.
    The permit
    application does not contain adequate
    descriptions of the materials, construction
    methods,
    and verification processes for building the
    soil cover for the coarse refuse storage area.
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Sierra
    Club, Prairie
    Rivers Network
    on NPDES Permit No.
    JL0078727,
    Notice No. 4885c
    page
    5
    The permit
    does not provide
    an assessment
    of the rates
    of water and oxygen
    infiltration through
    the
    soil
    cover, the
    rate
    of
    leachate
    generation,
    the composition
    of that leachate, the
    period
    of time
    that
    the leachate will continue
    to form,
    and
    the means
    by which that
    leachate
    will
    be monitored
    and
    managed
    for the period
    of its production.
    The
    permit application
    does
    not provide
    any
    estimate
    or projection
    of the composition
    of the
    initial
    water quality in
    the coal to be mined,
    the rates of water
    production
    from the mine as
    mining progresses,
    the impacts
    of dewatering
    the mine
    (including
    pumping related
    to
    the
    mine
    entrance
    through the
    shallow sediments),
    or
    the changes
    in
    water quality
    as the mine and
    collapsed
    areas are
    subject
    to mine leakage
    and
    oxidation
    of roof
    and
    floor rocks. The permit
    application
    does not provide
    any estimate or
    any data relative
    to the head in
    the mine after
    pumping
    ceases and
    a post-mining
    equilibrium
    is reached. It
    does not provide any discussion
    or
    any
    data
    related
    to the final
    post-mining water
    composition.
    It does not
    provide any discussion
    or any data
    related to what that
    head
    and
    composition
    means
    with
    respect to other
    elements
    of
    the
    hydrologic
    balance
    and water resources
    in the areas
    of concern.
    The permit
    application is inconsistent
    in its
    representation
    of
    length of the long-wall
    panels.
    Several of the maps
    represent
    the
    center panels
    as stopping before
    undermining occurs
    of the
    [prison?]
    and cemetery located
    at the western
    end of the
    shadow
    area.
    However, Map 4, which
    has
    a more current
    date,
    shows
    the panels as now
    extending under
    those features.
    The permit
    application provides
    interpretations
    of groundwater
    flow patterns,
    hydraulic
    conductivities
    and groundwater quality
    in the unconsolidated
    section
    that are
    unsupported by
    data within the application,
    contradicted
    by data within
    the application,
    or inconsistent
    with
    acceptable
    methods
    of interpretation.
    Proposed Permit Does
    Not Minimize
    Increases in
    Pollutant Discharges
    The proposed
    permit allows for
    significant
    increases
    in discharges
    .of mine-related
    pollutants compared
    to
    existing conditions.
    Attachment III.2.C.2
    Baseline Surface
    Water
    Sample
    Site Data
    6
    shows that the
    current
    water quality in Shoal
    Creek Watershed
    Structure
    No. 5 is significantly
    better than
    the discharges
    to
    it authorized by the proposed
    permit.
    Existing Water
    Quality
    at
    Discharge
    Location
    D- 1
    (dam
    at Shoal
    Creek
    Proposed
    Daily Maximum
    Watershed
    Structure
    No. 5)
    Concentration
    Limits (mg/L)
    January — June
    2007
    monthly
    samples
    Outfalls
    001-005
    (mm
    — max in mg/L)
    (mm-max
    permitted)
    Iron, Total
    0.402-3.04
    6.0
    Sulfate, Total
    8-26
    Chloride
    753-2100
    6-18
    Manganese,
    Total
    0.1
    — 0.688
    500-1000
    1-3.8
    Special
    Condition No. 11
    (b)(iii)
    only requires
    annual monitoring
    downstream
    of the proposed
    mine
    outfalls. We request
    that
    such monitoring
    be performed
    quarterly.
    We also
    request
    that such monitoring
    be
    performed on a quarterly
    basis in the
    tributary which feeds
    Lake Hillsboro.
    Map 6 Surface
    Facilities
    shows
    that the proposed coarse
    refuse disposal area
    and its
    sedimentation pond
    are located
    within
    200
    feet
    of the tributary.
    In
    addition
    to our
    concerns
    about
    the location
    of Outfall 005, we are
    concerned
    about

    Sierra Club, Prairie Rivers Network
    on NPDES Permit No. 1L0078727, Notice No. 4885c
    page 6
    contaminants
    leaching out of the unlined
    pond through groundwater flows into the creek, which
    supplies
    drinking
    water for many residents of
    Montgomery County.
    The Antidegradation Assessment
    asserts that ‘sedimentation ponds.. .are the only option
    available to
    mines for controlling
    stormwater
    runoff’. A public hearing is needed
    to
    discuss
    other options
    we have
    become of aware
    of
    through
    our research on this issue
    as
    outlined below.
    The
    proposed
    mining
    fricilitv
    has
    failed
    to
    satisfy
    antidegradation regulations.
    The state antidegradation
    regulations at 35 IAC 302.105(c) (2) require that all reasonable
    measures be
    taken to avoid or minimize increased
    pollutant loading. The applicant has not considered alternatives
    to
    the use of sedimentation ponds for
    treating runoff from raw and clean coal storage areas as well as
    other
    areas
    on the mine site, including a coal
    refuse storage area. Alternatives to sedimentation exist that
    could
    facilitate the avoidance or minimization
    of increased discharges of sulfates, chlorides, manganese, iron,
    mercury and suspended solids.
    In practice, sedimentation ponds only address dissolved pollutants
    like
    sulfates and chlorides
    by
    holding
    them until they can be discharged during a rain event when they
    can
    take advantage of the dilution.
    A short survey of experts and consultants in the field of mine wastewater
    treatment found the following
    opportunities to prevent unnecessary new pollution as our Tier 2
    antidegradation. policy requires. We request these alternatives
    be
    evaluated
    to
    “assure..
    .all technically
    feasible and
    economically
    reasonable pollutant loading
    [be]
    incorporated into the proposed
    activity.”
    1) Filtration is a well-established method for removing suspended solids
    by
    passing
    wastewater
    through
    a filter bed composed of granular material. Filtration may also take the fonn
    of
    ultrafiltration or nanofiltration,
    in
    which a membrane or other semi-permeable device
    (such as
    a ceramic filter) is
    used as the filter medium. Filtration is commonly used in treating mine
    wastewater for the reduction
    of sediment, metals, sulfate,
    and
    cyanide,
    thallium and other
    contaminants. Nanofiltration
    mechanisms, designed to remove sulfate, are being applied
    at the
    Tyron copper mine in New Mexico
    7and have been developed cooperatively
    by
    Dow
    Chemical
    Company and Marathon Oil Company.
    8
    2) Bioremediation is process in which microorganisms are used to treat pollutants.
    Bioremediation is extensively used in the treatment of acidity, sulfate, nutrients
    and cyanide.
    3)
    Reverse Osmosis
    uses a driving force or pressure across a membrane to cause water to
    flow
    from the stronger solution
    to the weaker, effecting a separation of water from soluble
    contaminants. It is
    highly effective for removing soluble metals, including low to medium
    molecular weight ionic
    species, including nitrate, potassium, magnesium, chloride and
    sulfate.
    Recent advances in operation and membrane maintenance have made RO effective
    on cyanide
    and metals, including arsenic, cadmium, chromium, copper, iron, lead, mercury,
    nickel,
    selenium, silver and zinc. RO has been
    used
    in the mining industry for the treatment
    of
    discharges containing cyanide and metals resulting from heap leach operations
    and tailings
    ponds, with removal efficiencies
    of greater than 95%.
    4)
    Coagulation-Precipitation
    is a process by which coagulation removes ultra fine colloidal
    particles and metal ions by causing the particles to come into contact with each other
    and bind
    together, forming a precipitate of a size large enough for removal by filtration. In industrial
    applications,
    coagulation-precipitation
    is routinely used for the treatment of total
    suspended
    solids, and in specific
    cases can remove sulfate, nitrogen compounds, and metals, including
    arsenic, chromium and mercury. It is
    used to treat
    mining wastewater for
    sulfate (heavy
    density sludge) metal precipitates including arsenic, zinc and copper and also
    to treat
    wastewater containing cyanide.

    Sierra
    Club, Prairie
    Rivers
    Network
    on NPDES
    Permit
    No. 1L0078727,
    Notice
    No. 4885c
    page
    7
    5)
    Ion exchange
    removes
    unwanted
    ions
    from water
    by transferring
    them
    to
    a solid
    material,
    called
    an ion
    exchanger,
    which
    accepts
    them
    while
    giving
    back
    an
    equivalent
    number
    of
    desirable
    ions
    contained
    in the
    ion exchanger.
    In
    the simplest
    terms,
    water
    softening
    is a form
    of ion
    exchange
    in
    which
    sodium,
    from
    salt,
    is exchanged
    with
    the
    calcium
    responsible
    for
    water
    “hardness.”
    Ion
    exchange
    has been
    used to
    treat
    mine
    wastewater
    for metals
    and
    nitrate
    removal.
    An
    example
    of
    this
    method
    being
    utilized
    for
    sulfate
    removal
    is
    at the
    Sierrita
    copper
    mine in
    Arizona.
    9
    6)
    The
    Cost Effective
    Sulfate
    Removal
    (CESR)
    process
    was
    developed
    to address
    the
    shortcomings
    of other
    technologies
    used
    for
    sulfate
    removal.
    The CESR
    process
    is
    an
    extension
    of wastewater
    treatment
    with
    lime
    in that
    it can meet
    more
    stringent
    requirements
    for
    sulfate
    removal.
    Addition
    of
    the
    CESR
    reagent
    to lime-treated
    water precipitates sulfate
    as
    a
    nearly
    insoluble
    calcium-alumina-sulfate
    compound
    known
    as
    ettringite.
    Ettringite
    formation
    can also
    provide
    a polishing
    effect,
    allowing
    precipitation
    of
    difficult-to-remove
    metals
    such
    as
    chromium,
    arsenic,
    selenium
    and
    cadmium,
    often
    below
    their
    respective
    analytical
    detection
    limits.
    Boron,
    fluoride
    and up
    to
    30
    percent
    of the
    chloride
    and
    nitrate
    in
    water
    have
    also
    been
    removed.
    Metals
    and
    other
    constituents
    which the
    ettringite
    removes
    are typically
    not
    leachable,
    allowing
    disposal
    as a nonhazardous
    waste.
    Unlike
    treatment
    methods
    such
    as
    sodium
    aluminate
    addition,
    all of the
    chemicals
    added
    during
    the
    CESR process
    can
    be
    precipitated.
    Water
    treated
    by
    the CESR
    process
    typically
    meets
    or
    exceeds
    recommended
    drinking
    water
    standards
    for sulfate,
    metals
    and
    other
    parameters.
    The process
    produces
    a net
    reduction
    in total
    dissolved
    solids
    (TDS).
    Additional
    information
    is
    available
    at:
    http:/!www.wateronline.comlarticle.mvc/A-New-Process-For-Sulfate-Removal-From-Indust
    0001
    ?VNETCOOKIENO
    7)
    The
    Supervac
    of
    (Supervac)
    Canada
    Inc.) is
    a system
    of high
    density
    solids
    transfer
    pumps
    that
    can
    recover
    collected
    solids
    from
    settling
    ponds
    and transfer
    them through
    a
    sealed
    pipeline
    up
    to 3,000
    feet
    away
    for permitting
    disposal.
    This
    can
    be an
    effective,
    low-cost
    operation
    to
    lower
    the
    TSS
    in high
    solids
    content
    drainage
    water
    in
    typical
    mining
    operations.
    Questions
    1. Has
    the
    Agency
    performed
    any
    review
    of
    the
    planned
    subsidence
    for
    Deer
    Run Mine
    within
    the
    4,786 mine
    shadow
    area
    and
    its potential
    to
    change
    the
    discharge
    of
    pollutants
    in the
    waterways
    draining
    the
    mine
    shadow
    area?
    2. Specifically, has the
    Agency
    considered
    the
    impacts
    of land
    subsidence
    on
    the water
    quality
    of
    McDavid
    Branch,
    which
    feeds
    Coffeen
    Lake State
    Fish
    &
    Wildlife
    Area?
    3.
    Specifically, has
    the
    Agency
    considered
    the
    impacts
    of land
    subsidence
    on
    the
    water
    quality
    in
    the
    tributary
    which
    flows
    into
    Lake
    Hilisboro?
    4. Can
    the
    Agency
    please
    provide
    a
    map
    that shows
    the
    route of
    flow of
    discharge
    from
    Outfall
    005
    to
    an unnamed
    tributary
    to
    Shoal
    Creek Watershed
    Structure
    No. 5
    as is
    described
    in the
    public
    notice/factsheet for
    the
    proposed
    NPDES
    permit.
    The
    map
    provided
    in
    the public
    notice
    does
    not
    show
    any
    paths
    of flow
    from
    the
    outfalls
    within
    the
    map permit
    area.
    Map
    6 Surface
    Facilities
    (from
    Hilisboro
    Energy
    application
    for
    permit
    no. 399,
    obtained
    from
    the IDNR
    0MM
    website)
    shows
    Outfall
    005
    at the
    NE
    corner
    of the
    coarse
    refuse disposal
    area,
    adjacent
    to the
    tributary
    which
    flows
    to
    Hillsboro
    Lake.
    5.
    The Antidegradation Assessment
    states that
    runoff
    to Outfall
    005
    from
    the
    coal
    refuse
    storage
    area
    will
    receive
    treatment.
    Can
    the Agency
    please
    describe
    the
    nature
    of that
    treatment?

    Sierra
    Club, Prairie
    Rivers
    Network on
    NPDES Permit No. 1L0078727,
    Notice
    No.
    4885c
    page
    8
    6. The Antidegradation
    Assessment
    states that
    ‘management practices
    for minimizing
    sulfate
    formation
    and chloride
    leaching are available
    and will
    be encouraged’. What
    are
    this practices
    and
    why aren’t they
    being required
    of
    the applicant
    in order to minimize
    pollutant
    loading?
    7.
    How
    has
    the
    discharger
    and
    the agency determined
    exactly
    what metals
    and other pollutants
    will
    be contained in the discharge?
    8. Why is
    no monitoring of
    manganese and mercury
    (subject
    to Special Condition
    13)
    required
    for
    Outfalls 006 and
    007?
    9. Will
    discharges
    from mine
    dewatering
    be allowed under
    the proposed NPDES
    permit?
    A public
    hearing
    is
    needed for residents
    of Montgomery
    County to make sure that
    their
    water
    quality,
    for
    drinking and recreational
    uses,
    is being
    protected
    and to allow information
    to be presented
    and discussed
    regarding
    the issues and
    questions discussed
    above.
    Thank you for this opportunity
    to raise our
    concerns
    with the Agency.
    Sincerely,
    Cynthia L. Skruknid,
    Ph.D.
    Clean
    Water Advocate
    Phone:
    815-675-2594
    Email:
    cindy.skrukrud@sierraclub.org
    Cc: Hilisboro Energy
    (comment letter with
    attachments
    5,
    7,
    8 and 9)
    Attachments
    1
    Public Notice
    No. P-2664,
    U.S.
    Army
    Corps of
    Engineers
    2
    Map 6 Surface
    Facilities
    Map8 Post Subsidence
    Deer
    Run Mine Modification
    letter from IDNR
    0MM to Hillsboro
    Energy, May
    30, 2008
    Sierra Club
    comments
    to IDNR 0MM
    on
    Deer Run
    Mine Permit No. 399,
    March 31, 2008
    6
    Attachment III.2.C.2 Baseline
    Surface
    Water Sample Site Data,
    p.
    141 of IDNR
    0MM Permit
    Application
    No.
    399
    Water Treatment as
    a Mitigation
    Method for Pit Lakes,
    Southwest
    Hydrology,
    Sept./Oct. 2002
    8
    Sulfate
    Removal from Injected
    Water in Oilfield
    Operations
    (found
    at
    http://www.dow.com/lkiuidseps/prodlsp
    oil.htm
    Sulphate
    removal
    demonstration plant
    using BioteQ’s
    proprietary Sulf-IX
    ion-exchange
    technology
    (www.bioteq.ca)
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Exhibit B:
    Post-Hearing Comments
    of Prairie Rivers Network
    and
    Illinois
    Chapter of the Sierra
    Club, October 17,
    2008
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    4SIERRA
    ILLINOIS
    CHAPTER
    (
    JjTJ
    B
    70
    East Lake Street • Sute 500 • Chicago. IL 60601
    web: illinois.sierraclub.org
    FOUNDED
    1592
    Sent via email
    to
    kurt.neibergall@illinois.gov
    October
    17,
    2008
    Hearing Officer Kurt Neibergall
    #5
    Illinois Environmental Protection
    Agency
    1021 North Grand Avenue
    East
    Post Office Box 19276
    Springfield, Illinois 62794-9276
    Re:
    Hillsboro Energy LLC, Deer
    Run Mine, Hillsboro, Montgomery County, IL
    NPDES Draft Permit No. 1L0078727
    Dear Mr. Neibergall:
    Prairie Rivers Network and the Illinois
    Chapter
    of Sierra Club are submitting these additional
    concerns
    and
    recommendations
    on the draft NPDES
    permit proposed to be issued to Hillsboro Energy for
    discharges of alkaline mine
    drainages
    from the planned
    new
    Deer Run Mine
    to
    be located
    east of the
    town
    of Hillsboro
    in Montgomery
    County, Illinois.
    These comments are
    follow-up
    to the issues and questions
    we raised
    in our initial comment
    letter of July 14, 2008
    on the draft
    NPDES
    permit in
    which we requested
    that
    a public hearing be held and the
    points and questions raised by Sierra Club staff and volunteers
    at the
    public hearing held on September 17,
    2008.
    The proposal includes 803.5 acres
    of surface development and a 4,786 acre shadow area for an
    underground coal mine. Members
    of our groups live and recreate in Montgomery County and
    depend on
    clean waters
    in streams and
    wetlands in the Shoal Creek watershed for activities including
    swimming,
    fishing, boating,
    birdwatching
    and
    other wildlife viewing.
    The
    proposed mine also
    encompasses land
    within the
    watershed of Hillsboro
    Lake, a source of drinking water for residents of the
    City of Hillsboro;
    the
    villages of
    Taylor Springs,
    Schram City and Coffeen;
    the
    Graham Correctional Institution
    and the
    Montgomery County Rural Water District.
    Downstream, Shoal Creek supplies drinking water for
    residents including water users in Breese
    and the St. Rose Water District.
    Objections
    Issuance of the proposed NPDES
    permit will allow the development of surface facilities
    for
    underground long wall mining,
    complete
    coal extraction and land subsidence whose impacts
    have
    not
    been fuliy anticipated or
    addressed.
    • Because the composition of the
    discharge has
    not been studied
    adequately,
    the
    discharges
    allowed
    by
    the pennit may cause or contribute
    to a
    violation
    of state
    water quality
    standards
    in violation
    of
    40 CFR §122.4, 122.44(d) and
    35
    Ill.
    Adm. Code 302.105(c)(2)(B)(i),(ii), 304.105, 309.141(d)
    and 309.142.
    Illinois Antidegradation Rule,
    35
    Ill.
    Adm. Code 302.105 (c)(B)(iii) has also not been satisfactory
    addressed in that alternatives for minimizing
    increases in pollutant loadings (sulfate, chloride,
    iron, manganese,
    etc)
    have not been filly explored.

    Sierra Club, Prairie Rivers Network on NPDES Permit
    No. 1L0078727, Notice No. 4885c
    page 2
    Concerns
    Biologically Significant Stream
    resources downstream need
    to be protected
    On October 15, 2008
    the
    Illinois Dept.
    of Natural Resources (IDNR)
    released
    biological
    stream ratings
    that combine, update, and enhance the two previous
    approaches
    for rating
    Illinois streams. The report
    Integrating Multiple Taxa in a Biological Stream Rating
    System can be found at:
    http ://www.dnr.state.il.us/orc/BioStrmRatings/. The report
    identifies
    Biologically Significant Stream
    segments for which the Dept. of Natural Resources
    believes ‘biological communities present much be
    protected at the stream reach, as well as upstream
    of the reach’ (Report at
    p.
    23).
    The attached
    map
    of
    Biologically Significant Streams shows that stream reaches
    in
    the Shoal
    Creek
    watershed account for
    a
    significant percentage of such rare, high quality stream
    resources in the state.’
    On the map, IDNR
    states
    “Stream segments identified as biologically significant are
    unique resources
    in the state and the biological
    communities present must by protected at the stream
    reach, as well as
    upstream of the reach.”
    (emphasis
    added)
    Runoff from the proposed Deer Run
    mine
    will be tributary to these important stream resources.
    Deterioration of the existing high quality
    aquatic community present in the Shoal Creek watershed must
    be
    prevented.
    (See 35
    Ill. Adm.
    Code
    302.105
    (a))
    Drinking water resources must be protected
    Both surface and groundwater drinking water supplies need
    to be protected
    from pollution emanating
    from the proposed coal mining activity. These issuess were raised
    at the
    public hearing including
    concerns for downstream surface water resources
    by:
    Greg Rehkemper, Director, St. Rose Water District in Northern Clinton County who stated
    “one of
    our
    wells is drawn from an aquifer right
    out of Shoal Creek and at a gallomng trade
    of
    about a
    million
    and
    a
    half to two million gallons
    a
    month,
    and we also buy
    water from Breese, Illinois
    which they use
    water right out of Shoal Creek,
    and we also buy about
    four
    million gallons
    from
    them on a
    monthly basis.” (Transcript
    at
    p.
    40-41)
    Ryan Payne who stated “Has anybody taken into account,
    you
    know,
    as
    that wind blows across
    that gob pile and
    those sediment
    areas and seems to blow back into the Big Four Creek area... Are
    we going to do
    anything
    into that Big Four area? That goes directly to our lakes and water
    supply....
    We’ve decided from
    this area is where our slag pile is going to be at, our sediment
    areas.As that wind blows, it’s going to blow in toward this creek. This creek feeds directly into
    our
    old lake, into one of our water supplies.” (Transcript at
    p.
    165-166)
    In
    our
    Recommendations section below,
    we
    discuss
    additional treatment measures, ground and surface
    monitoring
    requirements, groundwater protection
    measures and dust minimization measures needed to
    address
    this concern. In
    addition,
    the impacts of land subsidence in the Lake Hillsboro watershed on
    the
    quality and quantity
    of the water supply to the lake
    need to be addressed before the
    mine is granted
    any
    permits.
    Impact of seismic
    events on liners under coal slurry area
    and
    sedimentation basins
    Seismologists have
    provided
    us with an estimated
    probability of 40% to 60% for the occurrence of a
    6.5R
    earthquake happening
    in the New Madrid Fault
    (fault system extends 150 miles southward from Cairo,
    Illinois
    through New
    Madrid and Caruthersville,
    Missouri, down
    through Blytheville, Arkansas to Marked
    Tree,
    Arkansas) within the
    next 15 years.
    Their probability projections for the 6.5R earthquake is 93
    %
    to
    98
    %
    within the next 50
    years. Estimates for
    6.5R earthquakes based on the actual seismic event
    occurrence
    is one to
    occur every
    55
    to
    85 years. Looking at the last event in that range (6.2R) in 1895
    and
    adding 85 years to
    that date, 6.5R activity should have
    presented itself during 1980.
    In fact, when

    Sierra Club, Prairie
    Rivers Network
    on NPDES Permit
    No.
    1L0078727,
    Notice
    No. 4885c
    page 3
    members
    of
    the Future Gen alliance
    chose Mattoon
    and Tuscola as finalists
    for
    the proposed
    clean
    coal
    power
    plant
    over sites
    in Southern
    Illinois, they cited the
    relative lack of seismic
    activity in central
    Illinois.
    It
    is unclear how, if
    at all, the Agency
    has
    taken into
    consideration that environmental
    damage
    and
    threat
    to water quality
    that will
    result from the projected
    seismic
    activity.
    What controls and
    specifications
    have
    been considered in
    the
    1) location
    of the
    coal slurry
    area
    and the
    sedimentation
    basins, and 2)
    the design
    of the
    liners
    for the
    coal
    slurry impoundment
    and sedimentation
    basins?
    Considering
    that
    Class
    j2
    and II
    resources are located
    beneath
    the Deer Run mine
    permit
    are,
    we are
    concerned that should
    such a
    catastrophe take
    place, the
    potable
    drinking water supply
    for thousands of residents
    would
    be forever
    contaminated
    and unavailable
    for
    use.
    Please provide an explanation
    as
    to
    what
    anticipated consequences
    have been
    considered and prevented
    or mitigated
    by the proposed permit
    requirements.
    Previous
    water
    pollution
    by Hilisboro
    Energy parent
    company and subsidiaries
    In light of prior
    violations of
    Williamson Energy, LLC,
    a subsidiary to Foresight
    Energy
    (also owners
    of
    Hillsboro
    Energy LLC),
    IL
    EPA
    should
    impose much
    more stringent
    permit
    terms and conditions
    on
    Hilisboro Energy,
    LLC.
    The Illinois
    Environmental
    Protection
    Act
    authorizes
    the IL EPA
    to consider a permit
    applicant’s
    past acts
    of non-compliance
    in
    making
    permit determinations.
    The Act
    states:
    “In
    making its
    determinations
    on permit
    applications under this
    section
    the
    Agency
    may
    consider
    prior adjudications
    of noncompliance
    with this Act by
    the applicant
    that involved
    a release of
    a contaminant
    into the environment.
    In granting permits, the
    Agency
    may
    impose reasonable conditions
    specifically
    related to the applicant’s
    past compliance
    history
    with this
    Act as necessary
    to correct, detect,
    or prevent non-compliance.”
    415 ILCS
    5/39(a).
    A list of
    violations
    of subsidiaries
    of Foresight Energy between
    July 1, 2003
    and June 1, 2006
    is located
    in the
    Sugar
    Camp
    Mine
    application
    #382
    to IDNR, on page
    65.
    The
    list includes
    31 violations in
    West
    Virginia
    and 4 violations in
    Illinois. All four
    of the Illinois Violations
    are water related
    violations of
    the
    Pond Creek permit
    #275. The
    nature of the first Notice
    of Violation, number
    28-1-05 was
    “Disturbed
    area
    drainage was leaving
    the
    permit
    area
    without passing through
    a siltation structure”.
    The nature
    of
    the
    second Notice
    of Violation,
    number
    3 7-5-05 was
    “Sedimentation Pond
    001 is discharging
    prior to the
    department receiving
    a PE Certified
    as-built inspection report”.
    The nature
    of the third Notice
    of
    Violation, number 37-6-05
    was “Failure to
    submit quarterly groundwater
    monitoring
    rerorts
    for
    third
    quarter
    2005.”
    And fmally, the
    nature of the forth Notice
    of Violation,
    number
    37-1-06
    was
    “Conducting
    mining activities
    on surface land not currently
    permitted”.
    IEPA
    should
    require more
    stringent requirements
    in the Deer Run permit
    in order
    to
    prevent such
    violations from occurring
    again. Proposals
    for additional
    monitoring and special
    conditions to
    be imposed
    in the
    NPDES permit
    are included in our Recommendations
    section
    below.
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Sierra
    Club,
    Prairie
    Rivers
    Network
    on NPDES
    Permit
    No. 1L0078727,
    Notice
    No. 4885c
    page
    4
    Recommendations
    Proposed
    Permit
    Must
    Minimize
    Increases
    in
    Pollutant
    Discharges
    Illinois
    Antidegradation
    Rule,
    35 Ill.
    Adm.
    Code
    302.105
    (c)(2)(B)(iii)
    has
    not
    been
    satisfactory
    addressed
    in
    the draft
    NPDES
    permit
    in
    that alternatives
    for minimizing
    increases
    in
    pollutant
    loadings
    (sulfate,
    chloride,
    iron,
    manganese,
    etc)
    have
    not
    been
    fully
    explored.
    The
    state
    antidegradation
    regulations
    require
    that
    all
    reasonable
    measures
    be
    taken
    to avoid
    or
    minimize
    increased
    pollutant
    loading.
    The
    applicant
    has not
    considered
    alternatives
    to
    the
    use
    of
    sedimentation
    ponds
    for
    treating
    runoff
    from
    raw and
    clean
    coal
    storage
    areas
    as
    well
    as
    other
    areas
    on
    the
    mine
    site,
    including
    a
    coal refuse
    storage
    area.
    Alternatives
    to sedimentation
    exist
    that
    could
    facilitate
    the avoidance
    or
    minimization
    of
    increased
    discharges
    of
    sulfates,
    chlorides,
    manganese,
    iron,
    mercury,
    selenium,
    cadmium,
    other
    metals
    and
    suspended
    solids.
    The
    attached
    memo
    from
    Carpenter
    Environmental
    Associates
    (CEA)
    7
    provides
    information
    on treatment
    opportunities
    for
    preventing
    unnecessary
    new
    pollution
    as
    our
    Tier
    2 antidegradation
    policy
    requires.
    We
    request
    these
    alternatives
    be
    evaluated
    to
    “assure..
    .all
    technically
    feasible
    and
    economically
    reasonable
    pollutant
    loading
    [be]
    incorporated
    into
    the
    proposed
    activity.”
    35 Ill.
    Adm.
    Code
    302.105
    (c)(2)(B)(iii).
    (Papers
    (without
    online
    access)
    referenced
    in
    the
    CEA
    memo
    are
    attached
    at
    8
    9
    10
    11,
    12
    ,’
    3
    and
    14)
    Separate
    treatment
    basins
    from
    stormwater
    basins
    The
    draft
    permit
    describes
    seven
    outfalls,
    all
    of
    which
    are
    from sedimentation
    ponds.
    As
    described
    in
    the
    antidegradation
    assessment,
    “The
    sedimentation
    ponds
    will treat
    runoff
    from
    raw
    and
    clean
    coal
    storage
    areas
    as well
    as other
    areas
    on
    the
    mine
    site. One
    outfall,
    005,
    will
    consist
    of
    treated
    runoff
    from
    a
    coal
    refuse
    storage
    area.”
    Later
    in
    the
    assessment,
    “Sedimentation
    ponds
    will
    be
    constructed
    using
    best
    management
    practices
    and
    are
    the
    only
    option
    available
    to
    mines
    for controlling
    stormwater
    runoff..
    .Other
    alternatives
    do
    not exist
    for
    treatment
    or control
    of runoff
    from
    mine
    areas.”
    We
    are
    unclear
    as
    to
    which
    purpose
    the
    basins
    will
    be designed:
    treatment
    or for
    controlling
    stormwater.
    We
    understand
    from
    the engineering
    perspective
    that
    a basin
    cannot
    be
    designed
    to
    serve
    in both
    capacities.
    Please
    see the
    following
    excerpt
    from
    Unit
    9
    of
    the
    Soil
    Erosion
    and
    Sedimentation
    Control
    Training
    Manual,
    available
    from
    the
    Michigan
    Department
    of Environmental
    Quality,
    Water
    Bureau
    at
    http://www.deci
    .state.mi.us/documents/deq-land-sesc-trainingmanual.pdf
    THE
    DIFFERENCE
    BETWEEN
    STORM
    WATER
    BASINS
    AND
    SEDIMENTATION
    BASINS
    It
    is
    important
    to
    draw
    a distinction
    between
    storm
    water
    basins
    and sedimentation
    basins.
    Storm
    water
    basins
    are
    permanent
    structures
    designed
    to
    replace
    the
    natural
    water
    storage
    of
    a
    site and
    provide
    some
    water
    quality
    improvement
    after
    the
    site
    is
    completed.
    Historically,
    the
    primary
    purpose
    of storm
    water
    basins
    was
    to
    reduce
    on-site
    and
    downstream
    flooding
    by controlling
    the
    rate of
    storm
    water
    discharge.
    Secondary
    benefits
    include
    water
    quality
    improvement
    such
    as
    sediment
    removal,
    aesthetics,
    and
    recreational
    opportunities.
    Many
    of these
    secondary
    benefits
    are
    now
    being
    incorporated
    into
    the
    design
    of
    storm
    water
    basins.
    However,
    it is
    important
    to
    remember that most
    storm
    water
    basins
    are
    not
    designed
    to
    remove
    sediment
    and they
    generally
    do
    not work
    well
    for
    that
    purpose.
    Sedimentation basins
    are
    used
    during
    construction
    and
    are specifically
    designed
    to
    control
    off-site
    migration
    of
    sediment.
    The
    primary
    purpose
    of basins
    is to trap
    sediment
    and other
    coarse
    material.
    Secondary benefits
    can
    include
    controlling
    runoff
    and
    preserving
    the
    capacity
    of downstream
    reservoirs, ditches,
    diversions,
    waterways,
    and
    streams.
    Once
    construction
    is
    completed,
    sedimentation
    basins
    are
    often
    filled
    to
    match
    the fmal
    site
    grade
    or converted
    to
    function
    as storm
    water
    basins.

    Sierra Club,
    Prairie Rivers Network
    on NPDES Permit No. 1L0078727, Notice No. 4885c
    page 5
    It is imperative
    that the type of basin
    to be
    constructed
    is identified in the project-planning phase,
    i.e. sedimentation
    or
    storm water. There are distinct design criteria
    to
    achieve
    these different
    functions. If
    the intention is for a storm water basin
    to serve as a temporary sedimentation basin
    during construction,
    then
    the design criteria
    to
    maximize
    sediment
    settling must be incorporated in
    the initial design.
    Some storm water basins control higher design flows and allow
    smaller design
    flows
    to pass through. To
    be used as
    sedimentation basins,
    they would need to control the smaller
    flows as well. This
    unit describes sedimentation basin review criteria; other manuals
    should
    be
    consulted
    for the review and design
    of storm water basins.
    We request the basins
    at the Deer Run site to be constructed according to the distinct
    design criteria
    required
    to achieve the desired
    function, either treatment to improve water quality through
    settling or
    control of stonnwater runoff. In
    addition, all stonnwater runoff from this industrial site should
    be
    controlled. We
    are concerned that Special Condition No. 10 indicates
    that the
    release
    of some stormwater
    from the site will not
    be controlled.
    Increase
    frequency of sampling and number
    of
    pollutants
    to be monitored in surface waters
    Given the
    quality of the biology present in the streams of the Shoal Creek
    watershed and concerns for
    the
    quality
    of surface waters that serve
    as
    drinking water supplies,
    we request that the surface water
    monitoring requirements
    in the NDPES permit
    be
    expanded. Specifically, we recommend
    that
    Special Condition
    No. 11 (b)(iii) be revised
    to
    require quarterly monitoring
    of Central Park Creek
    (described as ‘the unnamed tributary
    to Middle Fork Shoal Creek receiving the overflow from
    Shoal
    Creek Watershed Structure
    No. 5) and of the tributary on the mine site which feeds Lake Hillsboro
    (called
    Big Four Creek by Ryan Payne).
    Constituents that should be monitored include those listed on
    permit
    p.
    16 at 12(b) with the exception
    of water elevation. We include Big Four Creek because it is tributary
    to
    Lake Hillsboro, backup water
    supply for the City of Hilisboro, and because of the concerns about
    fugitive
    dust from the
    surface coal mining activities contaminating the stream and potential
    for contaminated
    groundwater
    under the surface facilities of the mine migrating to the stream.
    Because of the quality biological resources found in the Shoal Creek watershed,
    we also request
    that
    permit require the water in
    Shoal Creek Watershed Structure No. 5 undergo yearly Whole Effluent
    Toxicity (WET) testing.
    Best
    Management
    Practices
    to prevent coal spillage and control dust should
    be
    required
    of Deer
    Run
    Mine
    From an article in Power Engineering International May
    J99915,
    we see that there are
    several ways in
    which fugitive dust can be controlled. Considering that fugitive dust control is under the
    jurisdiction of
    the Illinois EPA (as well as the Illinois Department of Natural Resources),
    we
    request
    that these
    opportunities to control and reduce fugitive
    dust at
    the Deer Run mining site
    be evaluated and considered
    for
    implementation in order
    to reduce the amount of pollutants running off and settling into waters
    of the
    state.
    We are
    aware of several coal
    mining facilities in the United States that employ measures and
    mechanisms
    for
    controlling fugitive
    dust
    including the use of coal storage silos at Cordero Rojo Coal Mine,
    WY
    (Coal
    storage
    facilities
    consists of 65,400 T-capacity in six silos), Gibson County Coal in Princeton,
    IN
    (5,000
    Ton Raw Coal Silo and 10,000 Ton Clean Coal Silo) and
    at
    the Cline Mining Corporation-owned
    New
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Sierra
    Club, Prairie
    Rivers
    Network
    on
    NPDES
    Permit
    No.
    1L0078727,
    Notice
    No.
    4885c
    page
    6
    Elk Coal
    Company
    in
    Colorado.
    The
    North
    Antelope
    Rochelle
    Mine,
    WY uses
    both plastic-enclosed
    conveyors
    and
    coal
    storage
    silos.
    Best
    Management Practices
    discussed
    at the
    public
    hearing
    need
    to be
    incorporated
    into
    the
    NPDES
    permit
    A
    number
    of best
    management
    practices
    (BMP)
    and
    ground
    and surface
    water
    protection
    measures
    which
    were
    discussed
    at
    the public
    hearing
    are not
    reflected
    in
    the conditions
    of
    the draft
    NPDES
    permit.
    We
    request
    that
    the
    following
    items
    be
    incorporated
    into the
    permit:
    • We
    learned
    at the hearing
    that
    five
    of the seven
    proposed
    sedimentation
    ponds
    are to
    be
    lined,
    but
    Special
    Condition
    No.
    7 does
    not contain
    any
    information
    on the
    required
    lining.
    According
    to
    Larry
    Crislip,
    “Sediment
    ponds that
    are receiving
    runoff
    from
    refuse
    area and
    coal
    stockpiles,
    they
    are
    also
    receiving
    compacted
    clay liners.”
    (Transcript
    at
    p.
    84) and
    “As
    I recall,
    the
    application
    indicates
    that any
    ponds
    receiving
    refuse
    or
    coal runoff
    will
    be
    lined,
    so basically,
    if
    you
    looked
    at
    our
    permit
    and take
    a look
    at
    the outfalls
    that
    get
    mercury
    monitoring,
    those likely
    are
    the
    ones
    that
    will be
    lined.”
    (Transcript
    at
    p.
    194).
    We
    request
    that
    Special
    Condition
    No. 7
    be
    revised
    to
    describe
    the
    clay
    liners
    planned
    for
    sedimentation
    basins
    001, 002,
    003,
    004
    and 005
    as
    well
    as the
    specifications
    for
    construction
    and
    testing
    of
    the compacted
    clay
    liners.
    In addition,
    we
    ask that
    the Agency
    re-evaluate
    the
    potential
    need
    for
    liners
    in the
    two
    other
    planned
    basins
    (or
    any additional
    basins
    installed
    as result
    of
    our recommendation above
    that
    separate
    basins
    for
    treatment
    and
    stormwater
    runoff
    management
    be incorporated
    into
    the
    site
    design)
    based
    on concerned
    raised
    by
    Joyce
    Blumenshine
    at
    the
    public
    hearing
    “that
    some
    surface
    runoff
    would
    be
    going into
    some
    of those
    unlined
    ponds
    that
    could
    contain
    either
    coal
    contaminants
    or other
    contaminants
    like oil,
    gasoline,
    other
    things
    from the
    mine
    site” (Transcript
    atp.
    110)
    o
    The
    Antidegradation
    Assessment
    states
    ““Management
    practices
    for
    minimizing
    sulfate
    formation
    and
    chloride
    leaching
    are available
    and will
    be
    encouraged.”
    When
    this
    statement
    was discussed
    at
    the
    public
    hearing,
    Larry
    Crislip
    stated “We,
    of
    course,
    do
    encourage
    those,
    but
    they are
    incorporated
    into
    the
    basic
    operation
    of the facility
    the
    way
    they
    handle
    their
    refuse,
    their
    grading
    replacement,
    compaction
    of the material,
    grading
    such that
    no
    ponding
    water
    occurs
    on
    the refuse,
    it runs
    off
    as
    rapidly
    as
    possible,
    various
    handling
    procedures
    like
    that.
    They
    are
    not
    specifically
    maybe
    itemized,
    but it’s
    just
    a
    best
    management
    practice
    that
    is implemented
    by the
    applicant
    through
    the
    drainage
    control
    process.
    As
    a follow-up,
    you
    indicate
    why
    they are
    not required,
    and
    we
    are
    currently
    giving
    some
    consideration
    to permit
    conditions
    regarding
    that issue.”
    (Transcript
    at
    p.
    123)
    We
    request
    that the
    described
    BMPs
    to be
    utilized
    at the
    mine
    site
    be incorporated
    in
    the
    NPDES
    permit
    as special
    conditions.
    • As
    was discussed
    at
    the public
    hearing,
    we
    request
    that
    the constituents
    to be
    monitored
    quarterly
    per
    IDNR/OMM
    requirements
    in monitoring
    wells
    Nos. MW26S,
    MW27S,
    MW28,
    MW3O,
    MW31,
    MW32,
    MW33,
    MW34
    be
    listed
    in the
    permit
    (Draft
    Permit
    p.
    16
    @
    12(c)(ii)).
    • As
    was discussed
    at
    the
    public
    hearing,
    we
    request
    that
    the parameters
    required
    to be
    sampled
    from
    the
    sedimentation
    ponds
    in Special
    Condition
    No.
    7
    be spelled
    out.

    Sierra Club,
    Prairie Rivers
    Network
    on NPDES
    Permit
    No.
    1L0078727,
    Notice No.
    4885c
    page
    7
    Thank
    you
    for this opportunity
    to
    share our
    additional concerns
    and
    recommendations
    with the
    Agency.
    Sincerely,
    Cynthia
    L. Skrukrud,
    Ph.D.
    Clean Water
    Advocate
    Phone:
    815-675-2594
    Email: cindy.skrukrud@sierraclub.org
    Attachments
    Biologically
    Significant
    Streams map
    2
    IDNR
    on Class
    I
    Groundwater
    Deer
    Run Mine
    Williamson
    violations
    28-5-0 1
    “Williamson
    violations
    37-5-05
    Williamson
    violations
    37-6-05
    6
    Williamson
    violations
    37-1-06
    CEA
    No. 08047
    Treatment
    Technologies
    for
    Coal Mine
    Runoff
    Acid
    Mine
    Drainage
    - Innovative Treatment
    Technologies
    DOE
    & NETL
    - The PassiveTreatment
    of Coal
    Mine Drainage
    10
    Applications
    of
    Passive
    Treatment
    to Trace
    Metals Recovery
    “Rapid Manganese
    Removal
    from Mine Waters
    Using
    an
    Aerated
    Packed-Bed
    Bioreactor
    12
    Treatment
    Technology
    Summary
    for Critical
    Pollutants
    of
    Concern
    in Power
    Plant Wastewaters
    L
    VSEP Filtration
    of Acid
    Mine
    Drainage
    VSEP Treatment
    of RO
    Reject
    from Brackish
    Well
    Water
    Fugitive
    dust control
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Exhibit
    C:
    Final
    NPDES Permit
    No. 1L0078727

    ILLINOIS
    ENvIRoNMENTAL
    PROTECTION
    AGENCY
    1021 NoRTH
    GRAND
    AvENta
    EAS,
    P.O. Box 19276,
    SPRINGRELD,
    ILLINOIS 62794-9276
    - (217) 782-2829
    JAMES
    R.
    THoMPSoN
    CENTER,
    100 Wsr
    RANDOLPH, SuITE 11-300,
    CHIcAGo,
    IL
    60601 — (312)
    814-6026
    DOUGLAS
    P. Scoir,
    DIREaOR
    May
    29, 2009
    618/993-7200
    Hillsboro Energy, LL.C’.
    925
    S.
    Main
    Street
    Hilisboro,
    IL 62049
    Re:
    Hillsboro Energy, L.L.C.
    Deer Run
    Mine
    NPDES Permit
    No. 1L0078727
    Final Permit
    (Modified Afier Public
    Notice)
    Gentlemen:
    Attached is the
    final NPDES
    Permit
    for your discharge.
    The
    Permit
    as
    issued
    covers discharge
    limitations,
    monitoring,
    and reporting
    requirements. Your
    failure to meet any portion
    of the Permit could
    result
    in civil
    and/or
    criminal
    penalties.
    The
    Illinois
    Environmental
    Protection Agency
    is ready
    and
    willing
    to
    assist you
    in
    interpreting
    any
    of
    the conditions
    of the Permit
    as
    they
    relate specifically to
    your
    discharge.
    The
    Permit
    as issued
    was
    modified
    afier public notice
    to incorporate
    the following:
    I. Outfall
    effluent
    pages,
    Pages 2 through
    9, reflect modifications
    to indicate
    the correct
    special
    conditions relative
    to mercury
    and receiving
    stream monitoring requirements
    as
    necessary due
    to
    redrafling
    and renumbering
    of such special
    conditions.
    2. The effluent
    page for
    Outfall
    007,
    Page 8, was
    modified to
    reduce
    sulfate
    and chloride
    effluent limits
    to
    the applicable
    water quality
    standard
    and
    eliminate
    allowed
    mixing for discharges
    from this outfall.
    3. Construction
    Authorization
    No.
    0006-08
    was
    modified
    as follows:
    a. Page 14
    reflects
    modifications
    to
    indicate that
    construction and
    utilization of Slurry Impoundment
    No.
    I is subject to
    Condition No. 12 (see 2c
    below).
    b. Page
    14
    reflects
    modifications
    to clarify that
    compacted clay liners
    will
    be constructed
    in
    Sedimentation
    Basins 001,
    002,
    003, 004 and
    005.
    c. Page 14
    reflects redrafted
    groundwater monitoring
    discussion which
    includes requirement
    for two
    (2)
    additional groundwater
    monitoring wells.
    d. Page 14
    reflects
    correction
    to groundwater monitoring
    condition
    reference
    due to renumbering.
    e.
    Page
    16,
    Condition
    No. 11(c),
    reflects
    modification
    to reference
    the Agency log number
    of
    the
    project
    identifying
    the Best
    Management
    Practices
    (BMP’s)
    to
    be implemented.
    f.
    Page
    16,
    Condition
    No.
    12, has
    been added to restrict
    vertical
    expansion of Slurry Impoundment
    No,
    1 beyond
    elevations
    currently
    approved
    without
    prior
    Agency approval.
    Roceroeo
    — 4302
    North
    Main Street, Rockford,
    IL 61103
    (815)
    987-7760
    .
    Oss
    PLSO*s
    — 9511
    W.
    Harrison
    St.,
    Des
    P)aines, 160016
    -
    (847) 294-4000
    8-Giu
    595
    South
    State,
    Elgin, IL
    60123
    — (847)
    608-3131
    .
    PEoRiA
    — 5415 N
    University
    St., Peoria, IL 6161$
    — (309)
    693-5463
    Bterau or
    Lsuo- PEoi
    — 7620 N. University
    SI, Peoria, IL M614
    —(309) 693-5462
    Ci-’sslPAiGN
    — 2125 South First Street, Champaign,
    IL6182tJ
    — (217)
    278-3800
    CowNsvnct
    — 2009
    MaIl
    Street,
    Collinsville, IL
    62234— (618) 346-5120
    Msior — 2300W. Main
    St.,
    Suite 116,
    Marion,
    IL
    62939 - (618)
    993-7200
    PeisjEo
    Os,
    Rrcscuas
    Pape

    Hillsboro
    Energy,
    L.L.C.
    Deer
    Run
    Mine
    NPDES
    Permit
    No. 1L0078727
    Final Permit
    (Modified
    After
    Public
    Notice)
    g.
    Page
    16, Condition
    No.
    13, is
    re-numbered
    previous
    Condition
    No.
    12, required
    due
    to
    inclusion
    of
    new
    Condition
    No.
    12 as discussed
    in
    Item
    No.
    2(f)
    above.
    h. Page
    16, Condition
    No. 13,
    reflects
    modification
    to include
    the
    list
    of parameters
    required
    for
    routine
    quarterly
    monitoring
    for
    wells
    not associated
    with coal
    refuse
    disposal
    operations.
    i.
    Page 17,
    Condition
    No.
    1
    3(f), reflects
    modification
    to add
    second paragraph
    providing
    Permittee
    option
    of requesting
    utilization
    of
    alternate
    statistical
    analysis
    method
    if
    justified.
    4.
    Original
    Special
    Condition
    No.
    11 was
    redrafted
    and
    separated
    into special
    Condition
    Nos,
    II and
    12,
    Pages
    21
    and 22,
    to
    clarify
    applicability
    of
    allowed
    mixing
    and
    receiving
    stream
    monitoring
    requirements.
    5. Page
    22,
    Special
    Condition
    No.
    13,
    is re-numbered
    previous
    Special
    Condition
    No. 12,
    required
    due
    to
    redrafting
    of Special
    Condition
    No. 11
    discussed
    in Item
    No.
    3 above.
    6.
    Page 22,
    Special
    Condition
    No.
    14, is
    re-numbered
    previous
    Special
    Condition
    No.
    13,
    required
    due
    to
    redrafting
    of
    Special
    Condition
    No.
    11 discussed
    above.
    Special
    Condition
    No.
    14
    was
    also
    modified
    to clarify
    testing
    method
    to
    be
    utilized
    for
    mercury
    monitoring.
    The
    Permit
    as issued
    is effective
    as of
    the
    date indicated
    on the
    first page
    of
    the Permit.
    You
    have
    the
    right
    to appeal
    any
    conditions
    of the
    Pennit
    to the
    Illinois
    Pollution
    Control
    Board
    within
    a 35
    day
    period
    following
    the
    issuance
    date.
    Should
    you have
    questions
    concerning
    the Permit,
    please
    contact
    Larry
    D. Crislip,
    P.E..
    at
    618/993-7200.
    Respectfully.
    ENVØENTAL
    R
    9ION
    AGENCY
    n
    d
    L.
    Morse/Manager
    /
    Mine
    Pollution
    Control
    Program
    Bureau
    of
    Water
    REM:LDC:jkb/483
    1
    c/04-02-09
    Enclosure:
    Final
    Permit
    cc:
    IDNR/Office
    of
    Mines
    and
    Minerals/Land
    Reclamation/with
    Enclosure
    IDNR/Division
    of
    Water
    Resources/with
    Enclosure
    Larry Crislip,
    Marion
    Region/Mine
    Pollution
    Control
    Program/with
    Enclosure
    BOW/DWPC/CAS
    BOW/DWPC/Records
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    NPDES
    Permit
    No.
    lL0078727
    Illinois
    Environmental
    Protection
    Agency
    Division
    of Water
    Pollution Control
    1021 North
    Grand
    Avenue,
    East
    P.O. Box
    19276
    Springfield, Illinois
    62794-9276
    NATIONAL
    POLLUTANT
    DISCHARGE
    ELIMINATION
    SYSTEM
    New NPDES
    Permit
    Expiration
    Date: April 30, 2014
    Issue Date:
    May
    29,
    2009
    Effective Date:
    May 29, 2009
    Name
    and Address of Permittee:
    Facility Name and Address:
    Hillsboro Energy,
    L.L,C.
    Hilisboro
    Energy,
    L.L.C.
    925 South
    Main Street
    Deer
    Run
    Mine
    Hillsboro,
    IL 62049
    1
    mile
    southeast of
    Hillsboro,
    Illinois
    (Montgomery County)
    Discharge Number
    and Name:
    Receiving
    waters
    001,
    003,
    006
    Alkaline
    Mine Drainage
    Shoal
    Creek
    Watershed
    Structure
    No. 5
    002, 004,
    005, 007
    Alkaline
    Mine Drainage
    Unnamed
    tributary
    to Shoal
    Creek
    Watershed
    Structure
    No. 5
    In compliance
    with the provisions
    of
    the Illinois
    Environmental Protection
    Act,
    Subtitle
    C
    and/or Subtitle
    D Rules and Regulations of
    the
    Illinois
    Pcllution Control
    Board,
    and
    the
    Clean
    Water Act, the above-named
    permittee is
    hereby
    authorized to discharge at the
    above
    location
    to the above-named
    receiving stream in
    accordance
    with
    the
    standard conditions
    and
    attachments herein.
    Permitteg is
    not authorized
    to discharge
    after
    the above
    expiration
    date.
    In order
    to
    receive
    authorization
    to discharge
    beyond lhe
    expiration
    date, the permittee
    shall submit the proper
    application as required
    by
    the Illinois Environmental
    Protection Agency
    (IEPA)
    not
    later
    than 180
    days prior to the
    expiration
    date.
    7
    L
    onald E.
    Morse.
    Manager
    Mine Pollution
    Control Program
    Bureau
    of Water
    REM:LDC:jkb/4885c/04-d2-09
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Page
    2
    NPDES
    Coal
    Mine
    Permit
    NPDES
    Permit
    No.
    lL0078727
    Effluent
    Limitations
    and
    Monitoring
    LOAD
    LIMITS
    CONCENTRATION
    lbs/day
    LIMITS
    mg/I
    30
    DAY
    DAILY
    30 DAY
    DAILY
    SAMPLE
    SAMPLE
    PARAMETER
    AVERAGE
    MAXIMUM
    AVERAGE
    MAXIMUM
    FREQUENCY
    TYPE
    From
    the
    effective
    date
    of
    this
    Permit
    until
    the
    expiration
    date,
    the
    effluent
    of
    the following
    discharge
    shall
    be
    monitored
    and
    limited
    at all times
    as
    follows:
    Outfall*:
    001
    (Alkaline
    Mine
    Drainage)
    Flow (MGD)
    Measure
    When
    Monitoring
    Total
    Suspended
    Solids
    35.0
    70.0
    Grab
    Iron
    (total)
    3.0
    6.0
    Grab
    pH”
    The
    pH
    shall
    not
    be
    less
    than
    6.0 nor
    greater
    than
    9.0
    f/month
    Grab
    Alkalinity/
    Acidity
    Total
    acidity
    shall
    not
    exceed
    total
    alkalinity
    1/month
    Grab
    Sulfates
    771
    Grab
    Chlorides
    500
    Grab
    Manganese
    1.0
    3/month
    Grab
    Mercury
    Monitor
    only
    (See
    Special
    Condition
    No.
    14)
    There
    shall
    be
    a minimum
    of
    nine
    (9) samples
    collected
    during
    the
    quarter
    when
    the
    pond
    is discharging.
    Of
    these
    9
    samples.
    a
    minimum
    of one
    sample
    each
    month
    shall
    be
    taken
    during
    base
    flow
    conditions.
    A
    Tho
    flow”
    situation
    is
    not considered
    to be
    a
    sample
    of the
    discharge.
    A grab
    sample
    of
    each
    discharge
    caused
    by
    the following
    precipitation
    event(s)
    shall
    be
    taken
    for
    the
    following
    parameters
    during
    at
    least
    3 separate
    events
    each
    quarter.
    For
    quarters
    in
    which
    there
    are less
    than
    3 such
    precipitation
    events
    resulting
    in discharges,
    a
    grab
    sample
    of
    the
    discharge
    shall be
    required
    whenever such precipitation
    event(s)
    occur(s),
    The
    remaining
    three
    (3) samples
    may be
    taken
    from
    either
    base
    flow or
    during
    precipitation
    event.
    Discharges
    from
    the above
    referenced
    outfalls
    that are
    subject
    to the
    requirements
    of
    35
    Ill.
    Adm.
    Cede
    406.110
    must
    meet
    the
    water
    quality
    standards
    for
    sulfates
    and
    chlorides
    in the
    receiving
    stream.
    In
    accordance with
    35
    III.
    Adm.
    Code
    406.110(a),
    any
    discharge
    or
    increase
    in
    the
    volume
    of
    a
    discharge
    caused
    by
    precipitation
    within
    any
    24-hour
    period
    less
    than
    or
    equal
    to
    the
    10-year,
    24-hour
    precipitation
    event
    (or
    snowmelt
    or
    equivalent
    volume)
    shall
    comply
    with the
    following
    limitations
    instead
    of those
    in 35
    Ill. Adm.
    Code
    406.106(b).
    The
    10-year,
    24-hour
    precipitation
    event
    for
    this area
    is
    considered
    to
    be 4.65
    inches.
    Pollutant
    or
    Pollutant
    Progerty
    Effluent
    Limitations
    Settleable
    Solids
    0.5
    mI/l
    daily
    maximum
    pH**
    6.0 -
    9.0
    at all
    times
    In accordance with 35
    III. Adm.
    Code
    406.110(d),
    any
    discharge
    or
    increase
    in
    the
    volume
    of
    a
    discharge
    caused
    by
    precipitation
    within
    any
    24-hour
    period
    greater
    than the
    10-year,
    24-hour
    precipitation
    event
    (or
    snowmelt
    of
    equivalent
    volume)
    shall
    comply
    with
    the
    following
    limitations
    instead
    of those
    in
    35111.
    Adm.
    Code
    406,106(b).
    Pollutant
    or Pollutant
    Prooertv
    Effluent
    Limitations
    pH**
    6.0-9.0
    at
    all times
    *
    The
    Permittee
    is
    subject
    to the
    limitations,
    and
    monitoring
    and
    reporting
    requirements
    of Special
    Condition
    Nos.
    7
    and
    12
    for
    the
    discharge
    from
    Outfall
    001
    and
    Shoal
    Creek
    Watershed
    Structure
    No. 5
    receiving
    such
    discharges.
    **
    No
    discharge
    is
    allowed
    from
    any
    above
    referenced
    permitted
    outfall
    during
    “low
    flow”
    or “no
    flown
    conditions
    in the
    receiving
    stream
    unless
    such
    discharge
    meets
    the
    water
    quality
    standards
    of 35
    Ill. Adm.
    Code
    302.204
    for
    pH.

    Page 3
    NPDES Coal Mine
    Permit
    NPDES
    Permit
    No. 1L0078727
    Effluent
    Limitations and Monitoring
    LOAD
    LIMITS
    CONCENTRATION
    lbs/day
    LIMITS mall
    30
    DAY
    DAILY
    30
    DAY
    DAILY
    SAMPLE
    SAMPLE
    PARAMETER
    AVERAGE
    MAXIMUM
    AVERAGE
    MAXIMUM
    FREQUENCY
    TYPE
    From
    the effective date of this Permit
    until the
    expiration
    date,
    the effluent of
    the following discharge shall
    be
    monitored and
    limited
    at all
    times
    as
    follows:
    Outfall”:
    002 (Alkaline Mine
    Drainage>
    Flow (MGD)
    Measure When
    Monitoring
    Total Suspended
    Solids
    35.0
    70.0
    Grab
    Iron (total)
    3.0
    6.0
    Grab
    pH”
    The
    pH shall not be less than
    6.0
    nor greater
    than
    9.0
    1/month
    Grab
    Alkalinity!
    Acidity
    Total acidity shall not
    exceed
    total
    alkalinity
    1/month
    Grab
    Sulfates
    2100
    Grab
    Chlorides
    1000
    Grab
    Manganese
    3.8
    3/month
    Grab
    Mercury
    Monitor
    only
    (See
    Special Condition
    No.
    14)
    There
    shall be a
    minimum
    of
    nine
    (9)
    samples collected
    during
    the quarter
    when the pond is discharging.
    Of theseS
    samples,
    a
    minimum
    of
    one
    sample each
    month shall be taken
    during base
    flow conditions.
    A
    “no
    flow” situation
    is
    not
    considered
    to be
    a
    sample of the discharge.
    A grab sample of each
    discharge
    caused by
    the following
    precipitation
    event(s) shall be taken
    for
    the
    following
    parameters
    during at least
    3
    separate events
    each quarter. For
    quarters in which there
    are
    less than
    3 such precipitation
    events
    resulting in discharges, a grab
    sample of the discharge shall
    be
    required
    whenever
    such
    precipitation
    event(s)
    occur(s). The
    remaining three
    (3)
    samples may
    be taken from either base flow or
    during precipitation
    event.
    Discharges
    from
    the
    above
    referenced outfalls that are subject
    to the
    requirements
    of 35
    III. Adm.
    Code
    406.110
    must meet
    the
    water quality
    standards for sulfates
    and chlorides
    n
    the receiving
    stream.
    In
    accordance with 35 III.
    Adm.
    Code
    406.110(a),
    any
    discharge
    or increase in the
    volume
    of
    a
    discharge
    caused by precipitation
    within
    any 24-hour period less than
    or equal to the 10-year, 24-hour
    precipitation
    event
    (or snowmelt or equivalent
    volume)
    shall
    comply with the
    following limitations
    instead
    of
    those in 35 III.
    Adm.
    Code
    406.106(b).
    The 10-year, 24-hour precipitation
    event
    for
    this area
    is considered to be
    4.65
    inches.
    Pollutant
    or Pollutant Proertv
    Effluent
    Limitations
    Seffleable Solids
    0.5
    mIll daily maximum
    pH””
    6.0- 9.0
    at all times
    In accordance
    with 35 III. Adm. Code
    406.110(d), any discharge
    or increase In the volume
    of a
    discharge
    caused by precipitation
    within any
    24-hour
    period greater than the
    10-year,
    24-hour
    precipitation event (or snowmelt
    of
    equivalent
    volume) shalt comply
    with
    the
    following limitations
    instead of those in
    35
    III. Adm.
    Code
    406.106(b).
    Pollutant
    or Polutant
    Property
    Effluent
    Limitations
    pH**
    6.0 - 9.0 at all times
    *
    The Permittee
    is subject
    to the limitations,
    and monitoring and
    reporting requirements of
    Special Condition Nos. 7 and
    11 for
    the
    discharge
    from Outfall 002 and unnamed
    tributary to
    Shoal
    Creek
    Watershed Structure No. 5
    receiving such discharges.
    **
    No discharge
    is allowed from any
    above referenced
    permitted outfall during
    “low flow” or “no
    flow” conditions in
    the receiving
    stream unless such
    discharge
    meets
    the
    water
    quality
    standards of 35 III. Adm.
    Code 302.204 for pH.

    Page 4
    NPDES
    Coal
    Mine
    Permit
    NPDES
    Permit
    No.
    1L0078727
    Effluent
    Limitations
    and
    Monitoring
    LOAD LIMITS
    CONCENTRATION
    lbs/day
    LIMITS
    mqdl
    30 DAY
    DAILY
    30
    DAY
    DAILY
    SAMPLE
    SAMPLE
    PARAMETER
    AVERAGE
    MAXIMUM
    AVERAGE
    MAXIMUM
    FREQUENCY
    TYPE
    From the effective
    date of
    this
    Permit until
    the expiration
    date,
    the effluent of the following
    discharge
    shall be monitored and limited
    at all times as
    follows:
    Outfall:
    003
    (Alkaline
    Mine
    Drainage)
    Flow
    (MGD)
    Measure When
    Monitoring
    Total Suspended
    Solids
    35.0
    70.0
    Grab
    Iron
    (total>
    3.0
    6.0
    Grab
    pH**
    The pH shall not
    be less than
    6.0
    nor
    greater
    than 9.0
    1/month
    Grab
    Alkalinity/
    Acidity
    Total acidity
    shall not
    exceed
    total alkalinity
    1/month
    Grab
    Sulfates
    771
    Grab
    Chlorides
    500
    Grab
    Manganese
    1.0
    3/month
    Grab
    Mercury
    Monitor
    only
    (See Special
    Condition No. 14)
    There
    shall
    be a
    minimum
    of nine (9) samples
    collected during the quarter
    when the pond
    is
    discharging. Of these 9 samples,
    a
    minimum of one
    sample each
    month
    shall
    be
    taken during
    base flow conditions, A “no
    flow” situation is
    not considered to be a
    sample of the
    discharge. A grab sample
    of each discharge caused
    by
    the following precipitation
    event(s)
    shall
    be taken
    for the
    following
    parameters
    during at least 3 separate
    events
    each
    quarter.
    For
    quarters in
    which
    there are less than 3 such precipitation
    events
    resulting in discharges,
    a grab sample
    of the
    discharge shall be required
    whenever such precipitation
    event(s) occur(s). The
    remaining
    three (3) samples may be
    taken
    from either base
    flow or during precipitation
    event.
    Discharges
    from the above
    referenced outfalls that are subject
    to the
    requirements
    of 35 III. Adm. Code
    406.110
    must meet the
    water quality
    standards for sulfates
    and chlorides in the receiving
    stream.
    In
    accordance
    with 35
    III. Adm. Code 406.110(a). any
    discharge
    or increase
    in the volume of a discharge
    caused by precipitation
    within
    any
    24-hour period
    less than
    or
    equal
    to
    the 10-year, 24-hour
    precipitation event (or
    snowmelt or equivalent
    volume)
    shall
    comply
    with
    the
    following
    limitations
    instead of
    those in
    35
    III. Adm.
    Code 406.106(b). The
    10-year, 24-hour precipitalion
    event for
    this area
    is
    considered to be
    4.65 Inches.
    Pollutant or
    Pollutant Proertv
    Effluent
    Limitations
    Settleable
    Solids
    0.5
    mI/I
    daily maximum
    pH**
    6.0-9.0 at
    all times
    in
    accordance
    with 35 III. Adm.
    Code 406.110(d).
    any
    discharge
    or
    increase
    in
    the volume
    of a discharge
    caused by precipitation
    within
    any
    24-hour period
    greater
    than
    the
    10-year,
    24-hour
    precipitation event
    (or
    snowmelt
    of equivalent volume) shall comply
    with
    the following
    limitations
    instead of those in 35 Ill. Adm.
    Code
    406.106(b).
    Pollutant or
    Pollutant
    Property
    Effluent
    Limitations
    pH**
    6.0- 9.0
    at
    all times
    *
    The
    Permittee
    is subject to the limitations,
    and monitoring and
    reporting requirements of
    Special Condition
    Nos.
    7 and
    12 for the
    discharge
    from
    Outfall
    003
    and
    Shoal
    Creek Watershed
    Structure
    No.
    5
    receiving such discharges.
    **
    No discharge is
    allowed
    from
    any
    above referenced
    permitted outfall during
    “low
    flow*
    or “no flow” conditions
    in the receiving
    stream unless
    such
    discharge
    meets
    the
    water quality standards
    of 35 III. Adm. Code 302.204
    for pH.
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Page
    5
    NPDES Coal Mine Permit
    NPDES Permit No. 1L0078727
    Effluent Limitations and
    Monitoring
    LOAD LIMITS
    CONCENTRATION
    lbs/day
    LIMITS
    mg/i
    30
    DAY
    DAILY
    30 DAY
    DAILY
    SAMPLE
    SAMPLE
    PARAMETER
    AVERAGE
    MAXIMUM
    AVERAGE
    MAXIMUM
    FREQUENCY
    TYPE
    From
    the effective date of this Permit
    until the expiration date the effluent of the following discharge shall be monitored and limited
    at all times as follows:
    Outfall*:
    004
    (Alkaline
    Mine Drainage)
    Flow (MGD)
    Measure
    When
    Monitoring
    Total Suspended
    Solids
    35.0
    70.0
    Grab
    Iron (total)
    3.0
    6.0
    Grab
    pH**
    The pH
    shall
    not be less than 6.0
    nor
    greater than 9.0
    1/month
    Grab
    Alkalinity/
    Acidity
    Total
    acidity shall
    not exceed
    total alkalinity
    1/month
    Grab
    Sulfates
    753
    Grab
    Chlorides
    542
    Grab
    Manganese
    1.1
    3/month
    Grab
    Mercury
    Monitor only
    (See
    Special Condition
    No. 14)
    There shall be a minimum of nine (9) samples
    collected during
    the
    quarter when (he pond is
    discharging. Of these
    9 samples,
    a
    minimum of one sample each month shall be taken
    during
    base
    flow conditions. A “no flow” situation is
    not considered to
    be a
    sample of the discharge. A grab sample of each
    discharge
    caused by the following precipitation event(s)
    shall be taken for the
    following
    parameters during at least
    3
    separate events each quarter. For quarters in which there are
    less
    than 3 such precipitation
    events resulting in discharges, a grab sample of the discharge shall be required whenever such precipitation
    event(s) occur(s). The
    remaining three
    (3)
    samples may be
    taken
    from either
    base
    flow or during precipitation event.
    Discharges from
    the above referenced outfalls
    that
    are subject to the requirements of
    35 Ill. Adm. Cede 406.110 must meet
    the
    water quality standards for
    sulfates and
    chlorides
    in the receiving stream.
    In accordance
    with 35 Ill. Adm. Code
    406.110(a),
    any discharge
    or
    increase
    in
    the
    volume of a discharge caused
    by
    precipitation
    within any 24-hour period less than
    or
    equal to the 10-year,
    24-hour precipitation
    event (or snowmelt
    or
    equivalent volume)
    shall
    comply with the following limitations instead of those in 35 III. Adm. Code 406.106(b). The 10-year,
    24-hour precipitation event for
    this area is considered to be 4.65 inches.
    Pollutant or Pollutant
    Property
    Effluent Limitations
    Settleable
    Solids
    0.5 mI/i daily
    madmum
    pH**
    6.0-9.0 at all times
    In accordance
    with
    35
    lii.
    Adm. Code 406.110(d), any discharge
    or
    increase
    in the volume
    of
    a discharge caused by precipitation
    within any 24-hour period greater than the 10-year, 24-hour precipitation event (or snowmelt of equivalent volume)
    shall comply with
    the following limitations instead of those in
    35
    lii. Adm. Code 406106(b).
    Pollutant
    or Pollutant
    Property
    Effluent Limitations
    pH**
    6.0
    - 9.0 at all times
    *
    The Permittee is subject to the limitations,
    and
    monitoring
    and
    reporting
    requirements of Special Condition
    Nos. 7 and
    11
    for the
    discharge from
    Outfall
    004
    and unnamed tributary
    to
    Shoal
    Creek Watershed Structure No. 5 receivIng such discharges.
    **
    No discharge is allowed from
    any above referenced permitted outfall during “low flow”
    or “no flow”
    conditions
    in the receiving
    stream unless
    such
    discharge
    meets
    the
    water
    quality
    standards of 35 III.
    Adm. Code
    302.204
    for
    pH.
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Page 6
    NPDES
    Coal Mine Permit
    NPDES
    Permit No.
    1L0078727
    Effluent
    Limitations
    and Monitoring
    PARAMETER
    From the
    effective date of
    at
    all times
    as
    follows:
    LOAD
    LIMITS
    CONCENTRATION
    lbs/day
    LIMITS
    mph
    30 DAY
    DAILY
    30 DAY
    DAILY
    SAMPLE
    SAMPLE
    AVERAGE
    MAXIMUM
    AVERAGE
    MAXIMUM
    FREQUENCY
    TYPE
    this
    Permit until the expiration date, the effluent of the
    following discharge shall be
    monitored and
    limited
    OutfaIl:
    005 (Alkaline
    Mine Drainage>
    Measure
    When
    Monitoring
    35.0
    70.0
    Grab
    3.0
    6.0
    Grab
    The
    pH
    shall not be less than
    6.0
    nor
    greater than 9.0
    1/month
    Grab
    Total acidity shall not exceed total alkalinity
    1/month
    Grab
    1018
    Grab
    734
    Grab
    1.3
    3/month
    Grab
    Flow (MGD)
    Total
    Suspended
    Solids
    Iron (total)
    pH**
    Alkalinity!
    Acidity
    Sulfates
    Chlorides
    Manganese
    Mercury
    Monitor only
    (See
    Special Condition No. 14>
    There
    shall be a
    minimum of nine
    (9)
    samples
    collected during the quarter when the pond is discharging. Of these 9 samples,
    a
    minimum of
    one
    sample each month shall
    be taken during base flow conditions. A
    Tho flowfl situation is
    not
    considered
    to be
    a
    sample
    of the discharge. A grab sample of each discharge caused by the following precipitation event(s) shall be taken for
    the
    following parameters
    during
    at least 3
    separate events
    each quarter. For quarters in which
    there
    are less than 3 such precipitation
    events resulting
    in discharges,
    a grab
    sample of the discharge shall be required
    whenever such
    precipitation event(s) occur(s).
    The
    remaining three (3) samples may be
    taken from either
    base flow or during
    precipitation event.
    Discharges
    from the above referenced outfalls that are subject to the requirements of 35 III. Adm. Code 406.110 must meet the
    water quality
    standards for sulfates
    and
    chlorides
    in the receiving stream.
    In accordance
    with 35 III. Adm.
    Code
    406.110(a), any discharge or increase in the volume of
    a
    discharge caused
    by precipitation
    within any
    24-hour
    period less
    than or equal to the 10-year, 24-hour precipitation event (or snowmelt or equivalent volume)
    shall
    comply
    with
    the following limitations instead of those in
    35
    III.
    Adm. Code 406.106(b). The
    10-year, 24-hour
    precipitation event
    for
    this area is
    considered
    to
    be
    4.65
    inches.
    Pollutant
    or Poutant
    Property
    Effluent
    Limitations
    Settleable Solids
    0.5
    mI/I daily maximum
    pH**
    6.0-9.0 at
    all
    times
    In
    accordance with 35
    III. Adm.
    Code 406.110(d). any discharge
    or increase
    in the
    volume
    of a
    discharge
    caused by precipitation
    within
    any 24-hour period greater than the
    1
    0-year, 24-hour precipitation event
    (or
    snowmelt
    of
    equivalent volume) shall
    comply with
    the
    following
    limitations instead of
    those in 35 III. Adm. Code 406.106(b).
    Pollutant
    or Pollutant
    Property
    Effluent
    Limitations
    pH**
    6.0 - 9.0 at all
    times
    *
    The
    Permittee
    is
    subject to
    the
    limitations,
    and
    monitoring and reporting requirements of Special Condition Nos. 7 and 11 for
    the
    discharge from
    Outfall
    005
    and
    unnamed
    tributary to
    Shoal Creek Watershed Structure No. 5 receiving
    such
    discharges.
    No discharge
    is allowed from
    any above referenced
    permitted outfall during “low flow” or “no flow” conditions
    in
    the receiving
    stream unless
    such discharge
    meets the water quality
    standards of 35 Ill. Adm. Code
    302.204 for pH.

    Page
    7
    NP DES Coal Mine
    Permit
    NPDES
    Permit No. 1L0078727
    Effluent Limitations and
    Monitoring
    LOAD LIMITS
    CONCENTRATION
    lbs/day
    LIMITS
    mq/I
    30 DAY
    DAILY
    30
    DAY
    DAILY
    SAMPLE
    SAMPLE
    PARAMETER
    AVERAGE
    MAXIMUM
    AVERAGE
    MAXIMUM
    FREQUENCY
    TYPE
    From the effective date of
    this Permit until the expiration
    date, the effluent
    of the following discharge shall
    be
    monitored and limited
    at all
    times
    as follows:
    Outfall”:
    006
    (Alkaline
    Mine
    Drainage>
    Flow (MGD)
    Measure When
    Monitoring
    Total Suspended
    Solids
    35.0
    70.0
    Grab
    Iron
    (total)
    3.0
    Grab
    pH”
    The pH shall not be less than 6.0
    nor
    greater
    than 9.0
    1/month
    Grab
    Alkalinity!
    Acidity
    Total
    acidity shall not exceed total
    alkalinity
    1/month
    Grab
    Sulfates
    771
    Grab
    Chlorides
    500
    Grab
    There shall be
    a
    minimum of nine (9) samples
    collected during the quarter
    when the pond is discharging.
    Of
    these
    9 samples,
    a
    minimum of one sample each month
    shall
    be taken
    during base
    110w conditions. A “no
    flow”
    situation
    is not
    considered
    to be a
    sample of the discharge,
    A
    grab sample of
    each discharge caused by the following precipitation event(s) shall be taken for
    the
    following parameters during at
    least
    3
    separate events each
    quarter. For quarters in which
    there are less than 3 such precipitation
    events resulting in discharges, a
    grab
    sample of the
    discharge shall be required whenever such precipitation event(s)
    occur(s). The
    remaining
    three
    (3)
    samples
    may
    be
    taken from either base
    flow
    or
    during precipitation event.
    Discharges
    from the above referenced outfalls that are subject to the
    requirements of
    35
    III. Adm.
    Code 406.110 must meet the
    water quality standards for sulfates and chlorides
    in
    the receiving stream.
    In
    accordance
    with 35 Ill. Adm. Code
    406.110(a),
    any discharge or
    increase in the volume of a discharge caused by precipitation
    within any 24-hour period less than or equal to the 10-year,
    24-hour precipitation event (or snowmelt
    or
    equivalent volume)
    shall
    comply with the following limitations instead of those in 35 III. Adm. Cede
    406.106(b). The
    10-year, 24-hour
    precipitation
    event for
    this area is considered to be 4.65
    inches.
    Pollutant
    or Pollutant
    Property
    Effluent Limitations
    Settleable Solids
    0.5
    mI/I
    daily
    maximum
    pH**
    6.0 - 9.0 at all
    times
    In
    accordance with
    35
    Ill.
    Adm. Code
    406.110(d),
    any
    discharge or increase in the volume of
    a discharge caused by precipitation
    within
    any 24-hour
    period
    greater than the 10-year. 24-hour precipitation event (or snowmelt
    of
    equivalent
    volume) shall comply with
    the
    following
    limitations
    instead
    of
    those in 35111. Adm. Code 406.106(b).
    Pollutant
    or Pdlutant
    Property
    Effluent Limitations
    pH”’
    6.0 - 9.0 at all times
    The Permittee is subject to the limitations, and monitoring and reporting requirements of Special Condition Nos. 7 and
    12 for the
    discharge
    from Outfall
    006 and Shoal Creek Watershed
    Structure
    No. 5
    receiving
    such discharges.
    No discharge is allowed from any above referenced permitted outfall during
    “low
    flow” or “no flow” conditions in the
    receiving
    stream unless such discharge meets the water quality standards of 35
    III.
    Adm. Cede
    302.204
    for pH.

    Page
    8
    NPDES
    Coal
    Mine Permit
    NPDES Permit
    No. IL0078727
    Effluent
    Limitations
    and
    Monitoring
    LOAD
    LIMITS
    CONCENTRATION
    lbs/day
    LIMITS
    m/1
    30 DAY
    DAILY
    30
    DAY
    DAILY
    SAMPLE
    SAMPLE
    PARAMETER
    AVERAGE
    MAXIMUM
    AVERAGE
    MAXIMUM
    FREQUENCY
    TYPE
    From
    the effective
    date
    of
    this Permit
    until the expiration
    date, the effluent
    of
    the
    following discharge
    shall be monitored
    and
    limited
    at all times
    as
    follows:
    Outfall*:
    007 (Alkaline
    Mine Drainage>
    Flow (MGD)
    Measure When
    Monitoring
    Total
    Suspended
    Solids
    35.0
    70.0
    Grab
    Iron (total)
    3.0
    6.0
    Grab
    pH**
    The
    pH shall
    not
    be less
    than
    6.0
    nor greater than
    9.0
    1/month
    Grab
    Alkalinity/
    Acidity
    Total
    acidity
    shall
    not exceed
    total alkalinity
    1/month
    Grab
    Sulfates
    967
    Grab
    Chlorides
    500
    Grab
    There shall
    be a
    minimum of nine
    (9) samples
    collected
    during the quarter
    when the
    pond is
    discharging.
    Of these
    9
    samples,
    a
    minimum
    of one sample
    each month
    shall
    be
    taken during
    base flow conditions.
    A
    “no flow” situation
    is
    not
    considered
    to
    be
    a
    sample
    of the discharge.
    A
    grab sample
    of each discharge
    caused
    by
    the following
    precipitation
    event(s)
    shall be taken
    for the
    following
    parameters
    during
    at least 3
    separate
    events
    each
    quarter.
    For
    quarters
    in
    which
    there are less
    than
    3 such
    precipitation
    events
    resulting in discharges,
    a grab
    sample
    of
    the discharge shall
    be
    required
    whenever
    such
    precipitation
    event(s) occur(s).
    The
    remaining
    three
    (3)
    samples
    may be
    taken from
    either base
    flow or during
    precipitation event.
    Discharges
    from the
    above
    referenced
    outfalls that
    are subject
    to
    the requirements
    of 35
    III. Adm. Code
    406.110 must
    meet
    the
    water
    quality
    standards
    for
    sulfates
    and chlorides
    n the
    receiving
    stream.
    In accordance
    with 35
    III.
    Adm.
    Code
    406.110(a),
    any discharge
    or increase
    in
    the
    volume
    of
    a
    discharge caused
    by
    precipitation
    within
    any 24-hour
    period
    less than
    or equal
    to the 10-year,
    24-hour
    precipitation
    event
    (or snowmelt
    or equivalent
    volume)
    shall
    comply
    with
    the following
    limitations
    instead
    of those
    in
    35
    III. Adm.
    Code 406.106(b).
    The 10.-year,
    24-hour precipitation
    event
    for
    this
    area is
    considered to be
    4.65
    inches.
    Pollutant
    or
    Pollutant
    Property
    Effluent
    Limitations
    Settleable
    Solids
    0.5
    mI/l
    daily maximum
    pH**
    6.0- 9.0
    at all times
    In accordance
    with 35 III.
    Adm. Code 406.110(d),
    any discharge or
    increase
    in the volume
    of
    a
    discharge
    caused
    by precipitation
    within
    any
    24-hour
    period
    greater
    than
    the
    10-year,
    24-hour precipitation
    event
    (or snowmelt
    of equivalent volume)
    shall
    comply with
    the following
    limitations
    instead of those
    in 35 III.
    Adm.
    Code
    406.106(b).
    Pollutant
    or
    Pollutant
    Property
    Effluent
    Limitations
    pH””
    6.0 - 9.0 at
    all
    times
    *
    The Permittee
    is
    subject
    to
    the limitations,
    and
    monitoring and
    reporting
    requirements
    of Special Condition
    Nos.
    7
    and 12 for
    the
    discharge
    from Outfall 007
    and
    unnamed
    tributary
    to Shoal Creek
    Watershed
    Structure No.
    5
    receiving such
    discharges.
    No
    discharge
    is allowed
    from
    any above
    referenced
    permitted
    outfall
    during
    “low
    flow”
    or “no
    flow”
    conditions
    in the
    receiving
    stream unless
    such discharge
    meets
    the
    water
    quality
    standards
    of
    35
    III. Adm.
    Code 302.204
    for
    pH.

    Page 9
    NPDES
    Coal
    Mine Permit
    NPDES
    Permit
    No. IL0078727
    Effluent
    Limitations
    and Monitoring
    LOAD
    LIMITS
    CONCENTRATION
    lbs/day
    LIMITS
    mg/i
    30
    DAY
    DAILY
    30
    DAY
    DAILY
    SAMPLE
    SAMPLE
    PARAMETER
    AVERAGE
    MAXIMUM
    AVERAGE
    MAXIMUM
    FREQUENCY
    TYPE
    Upon
    completicn of Special
    Condition 8 and
    approval from the
    Agency,
    the
    effluent
    of
    the following
    discharges
    shall be
    monitored
    and
    limited at all times as fdlows:
    Outfalls*:
    001,
    003, 006
    (Reclamation Area Drainage)
    Flow (MGD)
    Measure When
    Monitoring
    Settleable
    Solids
    0.5 mIll
    1/month
    Grab
    pH**
    The
    pH shall not
    be
    less than 6.0
    nor greater than 9.0
    1/month
    Grab
    Sulfates
    771
    1/month
    Grab
    Chlorides
    500
    1/month
    Grab
    In addition to the
    above base flow sampling requirements,
    a grab
    sample of each discharge caused
    by the following precipitation
    event(s)
    shall be taken
    (for
    the following parameters) during
    at least
    3
    separate events each quarter.
    For
    quarters
    in which there are
    less than
    3
    such precipitation
    events resulting In
    discharges, a grab
    sample
    of the discharge shall be required
    whenever
    such
    precipitation
    event(s)
    occur(s).
    Discharges from the
    above referenced
    outfalls that are subject to the
    requirements
    of 35 III. Adm. Code
    406.110
    must meet
    the
    water
    quality standards
    for sulfates and chlorides in the
    receiving stream.
    In accordance
    with
    35
    III. Adm.
    Code
    406.110(d),
    any
    discharge
    or increase in the volume of
    a discharge caused by precipitation
    within any 24-hour
    period greater than the 10-year,
    24-hour
    precipitation
    event (or snowmelt of equivalent
    volume) shall comply
    with
    the
    following
    limitations instead
    of those in 35 III. Adm. Code
    406.106(b). The
    10-year,
    24-hour
    precipitation
    event for this area is
    considered
    to be 4.65 inches.
    Pollutant or Pollutant
    Prooertv
    Effluent Limitations
    pH**
    6.0 - 9.0 at all times
    *
    The Permittee
    is
    subject
    to the limitations,
    and
    monitoring
    and
    reporting
    requirements
    of Special Condition No.
    12
    for
    the
    discharge from
    Outfalls
    001,
    003,
    006
    and
    Shoal Creek
    Watershed
    Structure No.
    5
    receiving
    such
    discharges.
    **
    No
    discharge
    is
    allowed
    from any above referenced
    permitted outfall during ‘low
    flow” or no flow” conditions
    in the receiving
    stream unless such
    discharge
    meets
    the
    water
    quality standards
    of 35 III. Adm. Code 302.204 for
    pH.
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Page 10
    NPDES Coal
    Mine Permit
    NPDES
    Permit
    No. 1L0078727
    Effluent
    Limitations
    and Monitoring
    LOAD
    LIMITS
    CONCENTRATION
    lbs/day
    LIMITS mg/I
    30 DAY
    DAILY
    30 DAY
    DAILY
    SAMPLE
    SAMPLE
    PARAMETER
    AVERAGE
    MAXIMUM
    AVERAGE
    MAXIMUM
    FREQUENCY
    TYPE
    Upon
    completion
    of Special Condition 8 and
    approval from the
    Agency, the effluent of
    the
    following
    discharges shall be
    monitored
    and limited
    at aU
    times
    as
    follows:
    Outfalls*:
    002, 007
    (Reclamation
    Area
    Drainage)
    Flow (MGD)
    Measure When
    Monitoring
    Settleable
    Solids
    0.5 mWl
    1/month
    Grab
    pH**
    The
    pH
    shall not be less
    than
    6.0
    nor
    greater
    than 9.0
    1/month
    Grab
    Sulfates
    967
    1/month
    Grab
    Chlorides
    500
    1/month
    Grab
    In
    addition to the
    above
    base flow sampling
    requirements,
    a
    grab sample
    of each
    discharge
    caused by the
    following precipitation
    event(s) shall be
    taken
    (for the following parameters)
    during at least 3 separate
    events each
    quarter. For quarters in which
    there are
    less
    than
    3
    such precipitation
    events resulting in discharges,
    a grab
    sample of the
    discharge
    shall be required whenever
    such
    precipitation
    event(s) occur(s).
    Discharges
    from the
    above referenced outfalls
    that are subject
    to
    the
    requirements of 35 III.
    Adm.
    Code
    406.110
    must
    meet the
    water quality
    standards for
    sulfates
    and chlorides in the receiving
    stream.
    In
    accordance with 35
    III. Adm.
    Code
    406.110(d),
    any discharge or increase
    In
    the
    volume
    of
    a
    discharge caused
    by precipitation
    within any
    24hour period
    greater than the I 0year, 24..hour
    precipitation event (or
    snowmelt of equivalent
    volume)
    shall comply
    with
    the
    following limitations
    instead of
    those
    in
    35 III. Adm. Code 406.106(b).
    The 10-ar,
    244iour precipitation
    event for this area is
    considered
    to be
    4.65 inches.
    Pollutant
    or Pot
    utant
    Property
    Effluent
    Limitations
    pH**
    6.0
    - 9.0 at all times
    *
    The Permittee
    is subject to the limitations,
    and
    monitoring
    and
    reporting requirements
    of Spedal Condition
    No. 11 for the
    discharge
    from
    Outfall 002
    and Special Condition No. 12
    for
    the
    discharge from
    Outfall
    007 and
    unnamed tributary to Shoal Creek
    Watershed
    Structure No. 5 receiving such
    discharges.
    **
    No discharge
    is allowed from
    any above
    referenced
    permitted outfall during
    *10w
    flow” or “no flow”
    conditions in the receiving
    stream unless
    such
    discharge
    meets the
    water quality standards
    of 35
    III. Adm.
    Code
    302.204 for pH.
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Page 11
    NPDES
    Coal
    Mine
    Permit
    NPDES
    Permit
    No.
    IL0078727
    Effluent
    Limitations
    and
    Monitoring
    LOAD
    LIMITS
    CONCENTRATION
    lbs/day
    LIMITS
    mgIl
    30 DAY
    DAILY
    30 DAY
    DAILY
    SAMPLE
    SAMPLE
    PARAMETER
    AVERAGE
    MAXIMUM
    AVERAGE
    MAXIMUM
    FREQUENCY
    TYPE
    Upon
    completion
    of Special
    Condition
    8
    and
    approval
    from
    the Agency,
    the
    effluent
    of
    the
    following
    discharges
    shall be
    monitored
    and
    limited
    at
    all times
    as
    follows:
    OutfaIl:
    004
    (Reclamation
    Area
    Drainage)
    Flow
    (MGD)
    Measure
    When
    Monitoring
    Settleable
    Solids
    0.5
    mI/I
    1/month
    Grab
    pH**
    The pH
    shall not
    be
    less than
    6.0 nor
    greater
    than
    9.0
    1/month
    Grab
    Sulfates
    693
    1/month
    Grab
    Chlorides
    500
    1/month
    Grab
    In addition
    to the
    above
    base
    flow
    sampling
    reqt.Jrements,
    a grab
    sample
    of each
    discharge
    caused
    by the
    following
    precipitation
    event(s)
    shall
    be
    taken
    (for the
    following
    parameters)
    during
    at least
    3
    separate
    events
    each
    quarter.
    For
    quarters
    in which
    there
    are
    less
    than 3
    such
    precipitation
    events
    resulting
    in
    discharges,
    a
    grab
    sample
    of
    the
    discharge
    shall
    be
    required
    whenever
    such
    precipitation
    event(s)
    occur(s).
    Discharges
    from
    the
    above referenced
    outfalls
    that
    are
    subject
    to
    the
    requirements
    of 35 III.
    Adm.
    Code
    406.110
    must
    meet
    the
    water
    quality
    standards
    for
    sulfates
    and
    chlorides
    in the
    receiving
    stream.
    In accordance
    with 35
    Ill. Adm.
    Code
    406.110(d),
    any
    discharge
    or
    increase
    in
    the volume
    of
    a discharge
    caused
    by
    precipitation
    within
    any
    24-hour
    period
    greater
    than
    the 10-year,
    24-hour
    precipitation
    event (or
    snowmelt
    of
    equivalent
    volume)
    shall
    comply
    with
    the
    following
    limitations
    instead
    of those
    in
    35
    III.
    Adm.
    Code
    406.106(b).
    The 10-year,
    24-hour
    precipitation
    event
    for
    this
    area
    is
    considered
    to
    be
    4.65 inches.
    Pollutant
    or PoIutant
    Proertv
    Effluent
    Limitations
    pH
    6.0
    - 9.0
    at all times
    *
    The Permittee
    is subject
    to the
    limitations,
    and
    monitoring
    and
    reporting
    requirements
    of Special
    Condition
    No. 11
    for the
    discharge
    from
    Outfall
    004 and
    unnamed
    tributary
    to Shoal
    Creek
    Watershed
    Structure
    No.
    5
    receiving
    such
    discharges.
    **
    No discharge
    is allowed
    from
    any above
    referenced
    permitted
    outfall
    during
    ‘lcw
    flow*
    or no
    flow
    conditions
    in
    the receiving
    stream
    unless
    such
    discharge
    meets
    the
    water
    quality
    standards
    of
    35
    III.
    Adm.
    Code
    302.204
    for
    pH.

    Page
    12
    NPDES Coal
    Mine
    Permit
    NPOES
    Permit
    No.
    1L0078727
    Effluent
    Limitations
    and
    Monitoring
    LOAD
    LIMITS
    CONCENTRATION
    lbs/day
    LIMITS
    mcill
    30
    DAY
    DAILY
    30 DAY
    DAILY
    SAMPLE
    SAMPLE
    PARAMETER
    AVERAGE
    MAXIMUM
    AVERAGE
    MAXIMUM
    FREQUENCY
    TYPE
    Upon
    compIetioi
    of
    Special Condition
    8
    and approval
    from
    the
    Agency,
    the
    effluent
    of
    the following
    discharges
    shall
    be monitored
    and
    limited at
    all times as
    fdlows:
    Outfall*:
    005
    (Reclamation
    Area Drainage)
    Flow
    (MGD)
    Measure
    When
    Monitoring
    Settleable
    Solids
    0.5
    mI/l
    1/month
    Grab
    pH**
    The pH
    shall
    not be
    less
    than
    6.0 nor
    greater
    than
    9.0
    1/month
    Grab
    Sulfates
    693
    1/month
    Grab
    Chlorides
    500
    1/month
    Grab
    In
    addition
    to the above
    base flow
    sampling
    requirements,
    a grab
    sample
    of each
    discharge
    caused
    by
    the
    following
    precipitation
    event(s)
    shall be
    taken (for
    the
    following
    parameters)
    during at
    least
    3
    separate
    events each
    quarter.
    For
    quarters
    in which
    there
    are
    less
    than 3 such
    precipitation
    events
    resulting
    in discharges,
    a
    grab
    sample
    of the discharge
    shall
    be required
    whenever
    such
    precipitation
    event(s)
    occur(s).
    Discharges
    from
    the above
    referenced
    outfalls
    that
    are
    subject
    to the
    requirements
    of
    35
    III. Adm.
    Code 406.110
    must
    meet
    the
    water quality
    standards
    for sulfates
    and
    chlorides
    in
    the
    receiving
    stream.
    In
    accordance
    with 35
    III. Adm.
    Code 406.110(d),
    any
    discharge
    or increase
    in
    the
    volume
    of a discharge
    caused
    by precipitation
    within
    any 24-hour
    period
    greater
    than
    the 10.year,
    24-hour
    precipitation
    event
    (or
    snowmelt
    of equivalent
    volume)
    shall
    comply
    with
    the
    following
    limitations
    instead
    of those
    in 35
    III. Adm. Code
    406.106(b).
    The
    10-year,
    24-hour
    precipitation
    event
    for this area
    is
    considered
    to
    be 4.65
    inches.
    Pollutant
    or Pollutant
    Prooerty
    Effluent
    Limitations
    pH**
    6.0
    -9.0
    at all
    times
    *
    The
    Permitlee
    is
    subject
    to the
    limitations,
    and
    monitoring
    and
    reporting
    requirements
    of Special
    Condition
    No.
    11 for
    the
    discharge
    from
    Outfall
    005 and
    unnamed
    tributary
    o Shoal
    Creek
    Watershed
    Structure
    No. 5
    receiving
    such discharges.
    **
    No
    discharge
    is allowed
    from any
    above referenced
    permitted
    outfall
    during
    “low
    flow
    or
    “no
    flow conditions
    in
    the
    receiving
    stream
    unless
    such
    discharge
    meets
    the water
    quality
    standards
    of
    35
    II.
    Adm. Code
    302.204
    for
    pH.

    Page 13
    NPDES Coal
    Mine Permit
    NPDES Permit
    No.
    1LQ078727
    Effluent
    Limitations
    and Monitoring
    LOAD LIMITS
    CONCENTRATION
    lbs/day
    LIMITS
    mg/i
    30
    DAY
    DAILY
    30 DAY
    DAILY
    SAMPLE
    SAMPLE
    PARAMETER
    AVERAGE
    MAXIMUM
    AVERAGE
    MAXIMUM
    FREQUENCY
    TYPE
    Upon
    completion
    of
    Special
    Condition
    9
    and approval
    from the
    Agency,
    the effluent
    of
    the following discharges
    shall be monitored
    and
    limited
    at all times as fdlows:
    Outfalls:
    001
    002, 003,
    004, 005,
    006,
    007 (Stormwater Discharge)
    Settleable
    Solids
    0.5
    mI/l
    1/Year
    Grab
    pH*
    The pH shall
    not
    be less than 6.0
    nor
    greater
    than 9.0
    1/Year
    Grab
    Storm water discharge
    monitoring
    is
    subject
    to the following
    reporting
    requirements:
    Analysis of samples
    must be submitted with
    second
    quarter
    Discharge Monitoring
    Reports.
    If discharges
    can
    be shown
    to be
    similar,
    a
    plan
    may
    be
    submitted
    by
    Novembei I of each
    year preceding sampling to propose
    grouping of similar
    discharges and/or
    updated
    previously
    submitted
    groupings,
    If
    updating of a
    previously
    submitted plan
    is
    not
    necessary, a written
    notification to the
    Agency,
    indicating
    such is
    required.
    Upon approval
    from the Agency, one
    representative
    sample
    for
    each group may
    be submitted.
    Annual storm water monitoring
    is required for all
    discharges
    until
    Final SMCRA Bond is released
    and approval
    to
    cease such
    monitoring
    is obtained from
    the
    Agency.
    No
    discharge is
    allowed from any above
    referenced permitted
    outfall during “low flow”
    or “no flow” conditions
    in the receiving
    stream unless such discharge
    meets the
    water quality standards
    of 35 Ill. Adm. Code 302.204
    for pH.

    Page
    14
    NPDES
    Permit
    No.
    lL0078727
    Construction
    Authorization
    No.
    0006-08
    CA.
    Date:
    May
    20, 2008
    Authorization
    is
    herby
    granted
    to the
    above
    designee
    to
    construct
    and
    operate
    the
    mine
    and
    mine
    refuse
    area
    described
    as follows:
    An underground mine containing
    a
    total
    of 803.5
    acres,
    as
    described
    and depicted
    in
    EPA
    Log
    No. 0006-08
    (0MM
    Permit
    No,
    399)
    located
    in
    Sections
    7,
    8.
    17 and
    18,
    Township
    8 North,
    Range
    3
    West,
    Montgomery
    County,
    and
    Section
    12 and
    13, Township
    8
    North,
    Range
    4 West,
    P.M., Montgomery
    County,
    Illinois.
    The
    surface
    facilities
    at
    this underground
    mine
    contains
    the
    incline
    slope to
    reach
    the
    coal
    seam,
    two vertical
    shafts,
    coal
    preparation
    plant,
    reclaim
    tunnels,
    rail
    loading
    loop,
    rail loadout,
    parking
    lots,
    access
    roads,
    drainage
    control
    structures,
    office
    buildings,
    change
    rooms,
    assembly
    rooms,
    warehousing
    facilities,
    administration
    building,
    storage
    facilities,
    elevator
    facilities,
    ventilation
    facilities,
    refuse
    disposal
    areas,
    overland
    conveyors,
    screens,
    crusher,
    power
    distribution
    facilities,
    power lines,
    water
    lines,
    parking
    lots, topsoil
    and
    subsoil
    stockpile
    areas.
    Surface
    drainage
    control
    is provided
    by
    seven
    (7)
    sedimentation
    ponds
    with
    discharges
    designated
    as
    Ouffalls
    001,
    002,
    003,
    004,
    005,
    006
    and 007,
    all
    classified
    as alkaline
    mine
    drainage.
    Location
    and
    receiving
    stream
    of
    the Outfalls
    at
    this
    facility
    is
    as
    follows:
    Outfall
    Latitude
    Lone
    Number
    DEG
    MIN
    SEC
    DEG
    MIN
    SEC
    Receiving
    Waters
    001
    39°
    08’
    51”
    89°
    28’
    26”
    Shoal
    Creek
    Watershed
    Structure
    No.
    5 to unnamed
    tributary
    to
    Middle
    Fork
    Shoal
    Creek
    002
    39°
    08’
    45”
    89°
    28’
    07”
    Unnamed
    tributary
    to
    Shoal
    Creek
    Watershed
    Structure
    No.
    5
    tributary
    to
    Middle
    Fork
    Shoal
    Creek
    003
    39°
    08’
    43”
    89°
    28’
    23”
    Shoal
    Creek
    Watershed
    Structure
    No. 5
    to
    unnamed
    tributary
    to
    Middle
    Fork
    Shoal
    Creek
    004
    39°
    08’
    25”
    89°
    28’
    18”
    Unnamed
    tributary
    to
    Shoal
    Creek
    Watershed
    Structure
    No.
    5
    tributary
    to Middle
    Fork
    Shoal Creek
    005
    39°
    08’
    16”
    89°
    27’
    21”
    Unnamed
    tributary
    to
    Shoal
    Creek
    Watershed
    Structure
    No.
    5
    tributary
    to
    Middle
    Fork
    Shoal
    Creek
    006
    39°
    08’
    32’
    89°
    28’
    25”
    Shoal
    Creek
    Watershed
    Structure
    No. 5 to
    unnamed
    tributary
    to
    Middle
    Fork
    Shoal
    Creek
    007
    39°
    08’
    46”
    89°
    28’
    08”
    Unnamed
    tributary
    to
    Shoal
    Creek
    Watershed
    Structure
    No.
    5
    tributary
    to Middle
    Fork
    Shoal Creek
    Coarse
    and
    fine coal
    refuse
    disposal
    is
    approved
    in
    the eastern
    portion
    of
    the permit
    area
    as
    depicted
    in EPA
    Log
    No.
    0006-08-.
    0.
    Foundation
    preparation
    for
    this
    disposal
    area
    shall consist
    of
    construction
    of a
    compacted
    four (4)
    foot
    clay
    liner.
    Construction,
    development
    and
    utilization
    of
    Slurry
    Impoundment
    No.
    1 is
    subject
    to Condition
    12.
    Such
    clay liner
    shall
    be
    constructed
    in
    six
    (6)
    to
    eight
    (8)
    inch
    soil
    lifts
    with
    compacted
    effort
    on
    each lift
    sufficient
    to
    achieve
    a
    permeability
    of
    1X10
    7
    cm/sec
    or
    less.
    Specifications
    for
    construction
    and
    testing
    of
    the
    compacted
    clay
    liner is
    contained
    in
    IEPA
    Log
    No.
    0006-08-C.
    In
    addition
    to the
    refuse
    disposal
    areas,
    compacted
    clay
    liners
    as
    described
    above
    will also
    be
    constructed
    in Sedimentation
    Basins
    001 002,
    003,
    004
    and 005.
    which
    receive
    pumpage
    andlor
    runoff
    from
    coal
    stockpiles
    or
    coal refuse
    disposal
    activities.
    Areas
    designated
    for
    “future”
    refuse
    disposal
    in IEPA
    Log
    No.
    0006-08-0
    are
    not currently
    approved.
    Coal
    refuse
    may
    not
    be
    disposed
    in
    these
    designated
    areas until
    such
    time
    that plans
    and
    specifications
    addressing
    foundation
    preparation
    and
    groundwater
    monitoring
    are
    submitted
    to and
    approved
    by this
    Agency.
    Groundwater
    monitoring
    for
    this facility
    will
    consist
    of
    the following:
    a.
    Twelve
    (12) existing
    and/or
    proposed
    monitoring
    wells identified
    as
    Well
    Nos. MW22,
    MW23,
    MW24S,
    MW25S,
    MW26S,
    MW27S,
    MW28,
    MW3O,
    MW31,
    MW32,
    MW33
    and MW34
    as
    depicted
    in IEPA
    Log
    No.
    0006-08.
    b.
    Two
    (2)
    additional
    monitoring
    wells
    with
    one
    well
    to
    be located
    downgradient
    of
    both
    Sedimentation Basin
    001
    and 003.
    Such
    additional
    wells
    shall
    be
    located
    between
    the
    basins
    and
    permit
    boundary
    in the
    vicinity
    of the
    outfall
    and/or
    discharge
    channel
    with
    the
    screened
    interval
    located
    in the
    first water-bearing zone
    encountered
    in
    excess
    of 10
    feet
    below
    ground
    surface.
    Within
    30 days
    following
    installation
    of these
    wells,
    a location
    map,
    well identification
    and well
    boring
    logs
    shall
    be
    submitted
    to the
    Agency.
    Monitoring
    Well
    Nos.
    MW22,
    MW23,
    MW24S
    and
    MW25S
    will
    monitor
    effects
    of the
    initial refuse
    disposal
    area.
    Groundwater
    monitoring
    requirements
    are outlined
    in
    Condition
    No. 13.

    Page 15
    NPDES
    Permit
    No.
    lL0078727
    Construction
    Authorization
    No. 000608
    CA.
    Date:
    May 20, 2008
    The
    abandonment
    plan
    shall be executed and completed
    In accordance
    with 35 III. Adm. Code
    405.109.
    All water remaining upon
    abandonment must meet
    the requirements
    of 35
    III. Adm. Code
    406.202.
    For
    the constituents not covered
    by
    Parts
    302
    or 303,
    all water
    remaining upon
    abandonment must
    meet the requirements of 35 Ill.
    Adm, Code
    406.106.
    This
    Authorization is
    issued
    subject
    to
    the
    following
    Condition(s).
    If
    such
    Condition(s) require() additional
    or revised facilities,
    satisfactory
    engineering plan documents
    must be
    submitted
    to this
    Agency for
    review
    and approval to
    secure issuance
    of
    a
    Supplemental Authorization
    to Construct.
    1.
    If any
    statement
    or representation
    is found to be
    incorrect, this
    permit may be revoked
    and
    the
    permittee thereupon
    waives
    all
    rights
    thereunder.
    2.
    The issuance
    of this permit (a)
    shall not be
    considered
    as in any
    manner
    affecting
    the
    title of the premises
    upon
    which
    the
    mine
    or mine
    refuse
    area is to be located; (b)
    does
    not
    release the permittee from
    any
    liability
    for damage to person
    or property
    caused
    by
    or resulting
    from the
    installation,
    maintenance or
    operation of the
    proposed facilities;
    (c) does not take
    into
    consideration
    the
    structural
    stability of any
    units or parts of the
    project;
    and
    (d)
    does not release
    the
    permittee from compliance
    with
    other
    applicable statutes of the
    State
    of Illinois, or
    with
    applicable local
    laws,
    regulations
    or
    ordinances.
    3.
    Final plans,
    specifications, application
    and
    supporting
    documents as submitted
    by the
    person
    indicated
    on
    Page 1 as approved
    shall constitute
    part
    of this
    permit and are identified by
    Log
    Nos.
    0006-08
    and
    0006-08-C
    in the records af the Illinois
    Environmental
    Protection Agency.
    4.
    There
    shall
    be
    no deviations from
    the approved
    plans
    and
    specifications
    unless revised plans, specifications
    and application
    shall
    first have been
    submitted to the
    Illinois
    Environmental
    Protection Agency
    arid
    a supplemental
    permit
    issued.
    5.
    The
    permit
    holder
    shall notify
    the Environmental
    Protection Agency
    (217/782-3637>
    immediately of an emergency
    at the mine
    or mine refuse
    area which causes or
    threatens
    to
    cause a
    sudden discharge
    of
    contaminants into the waters of
    Illinois and shall
    immediately
    undertake necessary corrective
    measures
    as
    required by 35 III. Adm. Code
    405.111. (217/782-3637
    for
    calls
    between
    the hours of 5:00 p.m. to 8:30
    a.m.
    and
    on
    weekends.)
    6.
    The
    termination
    of an
    NPDES discharge
    monitoring point or cessation
    of
    monitoring
    of an NPDES
    discharge is
    not
    authorized
    by
    this
    Agency
    until the permittee
    submits
    adequate
    justification
    to
    show what alternate treatment
    is
    provided or that untreated
    drainage
    will
    meet applicable
    effluent and water quality
    standards.
    7.
    Initial
    construction activities in
    areas
    to be
    disturbed
    shall be for collection
    and treatment facilities only.
    Prior to the start of
    other activities, surface
    drainage
    controls
    shall be
    constructed
    and operated to avoid
    violations
    of
    the Act
    or
    Subtitle
    D.
    At
    such
    time as
    runoff water
    is collected in the sedimentation
    pond, a sample
    shall be collected and analyzed,
    with
    the
    results
    sent to
    this
    Agency. Should additional
    treatment be
    necessary
    to meet the
    standards
    of 35
    III. Adm. Code
    406.106,
    a Supplemental
    Permit must
    be obtained.
    Discharge
    from this pond is
    not allowed unless applicable
    effluent standards of Subtitle
    0 are met at
    the basin discharge(s).
    8.
    This Agency
    must
    be
    informed
    in
    writing
    and
    an
    application
    submitted
    if
    drainage, which
    was
    previously
    classified as alkaline
    (pH
    greater
    than
    6.0),
    becomes acid (pH less
    than
    6.0) or
    ferruginous
    (base flow with an iron
    concentration
    greater than
    10
    mg/I).
    The type
    of drainage reporting to
    the basin should be
    reclassified in a
    manner
    consistent
    with the applicable
    rule
    of
    35
    Ill. Adm. Code 406
    as amended in R84-29
    at 11111. Reg.
    12899. The application should
    discuss the treatment method
    and
    demonstrate
    how
    the discharge
    will
    meet
    the applicable standards.
    9.
    A permittee
    has the
    obligation
    to add a settling aid if necessary
    to
    meet the
    suspended solids or settleable
    solids effluent
    standards.
    The selection
    of
    a
    settling
    aid and the application
    practice
    shall be in accordance
    with
    a.
    orb, below.
    a. Alum
    (Al
    2
    (S0
    4
    )
    3
    ),
    hydrated lime (Ca(OH)
    2
    ),
    soda ash (Na
    2
    CO
    3
    ),
    alkaline
    pit
    pumpage, acetylene
    production
    by-product
    (tested for impurities),
    and ground
    limestone
    are acceptable settling aids
    and are hereby permitted
    for alkaline
    mine
    drainage
    sedimentation
    ponds.
    b.
    Any
    other
    settling
    aids such as commercial fiocculents
    and
    coagulants
    are permitted
    only on
    prior
    approval
    from
    the
    Ariency.
    To
    obtain approval
    a
    permittee must demonstrate in
    writing to the Agency that such
    use will not cause a violation
    of
    the toxic
    substances standard of 35 lii.
    Adm. Code 302.210 or
    of the appropriate effluent
    and water quality standards
    of
    35
    Ill. Adm. Code parts 302, 304,
    and
    406.

    Page
    16
    NPDES
    Permit No.
    1L0078727
    Construction Authorization No. 0006-08
    C.A. Date:
    May 20,
    2008
    10. A
    general plan for the nature and disposition of all liquids used to drill
    boreholes shall be
    filed with this Agency prior to any such
    operation.
    This plan
    should
    be
    filed at such time that the operator becomes
    aware of the need
    to drill unless the plan
    of
    operation was contained
    in a
    previously approved application. After
    settling,
    recirculation water which meets
    the
    requirements
    of 35
    Ill. Adm. Code 406.106 and 406.202,
    may
    be discharged. The use
    of additives in the
    recirculation water which
    require
    treatment other
    than settling to comply with
    the
    Act will require
    a
    revised
    permit.
    11. Any of
    the
    following shall
    be a
    violation
    of the
    provisions required
    under 35 III. Adm. Code
    406.202:
    a.
    It is demonstrated that an adverse effect on the environment in and
    around the receiving stream has occurred or is likely
    to
    occur.
    b.
    It is
    demonstrated that the discharge has adversely affected or is
    likely
    to adversely affect
    any public water
    supply.
    c.
    The Agency determines the permittee is not utilizing Best
    Management Practices (BMP’s) identified in IEPA Log
    No.
    0006-08-F
    which
    are applicable in order to minimize the
    discharge of total dissolved
    solids, chloride, sulfate, iron
    and
    manganese.
    12.
    Slurry Impoundment No. 1 shall be
    constructed
    as
    proposed in IEPA Log No.
    0006-08-D. The surface pool elevation
    of the
    slurry impoundment shall not exceed
    approximately 626.5 ft. msl as proposed.
    Any deviation and/or modification
    of the
    proposed
    design of Slurry
    Impoundment
    No. 1
    shall
    consider
    potential impacts to the compacted
    clay liner
    and shall
    be
    approved by the
    Agency prior to such deviation and/or modification being
    implemented.
    13. Groundwater
    monitoring requirements
    for
    the
    0MM Permit No.
    399
    area
    as
    approved under EPA Log No. 0006-08 are
    as
    follows:
    a.
    Groundwater monitoring shall
    consist
    of existing and/or proposed Well
    Nos, MW22, MW23, MW24S,
    MW25S,
    MW26S,
    MW27S.
    MW28,
    MW30,
    MW31, MW32, MW33 and MW34, and
    two
    (2)
    additional wells
    located downgradient
    of
    both
    Sedimentation
    Basin 001 and 003.
    b.
    Ambient background monitoring shall be performed for all
    wells identified in 13(a)
    above. Such ambient
    monitoring shall
    consist of six
    (6)
    samples collected during the first year (approximately
    bi-monthly) following well installation
    but no later
    than
    during the first year of facility operation to determine
    ambient background concentrations. Background monitoring
    shall include the
    following
    list of constituents:
    Aluminum
    Fluoride
    Sulfate
    Antimony
    Iron (dissolved)
    Thallium
    Arsenic
    Iron (total)
    Total Dissolved Solids
    Barium
    Lead
    Vanadium
    Beryllium
    Manganese
    (dissolved)
    Zinc
    Boron
    Manganese (total)
    pH
    Cadmium
    Mercury
    Acidity
    Chloride
    Molybdenum
    Alkalinity
    Chromium
    Nickel
    Hardness
    Cobalt
    Phenols
    Water
    Elevation
    Copper
    Selenium
    Cyanide
    Silver
    c.
    Following
    the ambient monitoring
    as
    required under
    13(b)
    above, routine monitoring shall continue on a quarteriy
    basis
    as
    follows:
    i.
    Monitoring Well Nos.
    MW22, MW23, MW24S and MW25S,
    associated with refuse disposal shall continue
    to
    be
    monitored quarterly for
    the contaminants identified in 13(b) above.
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Page
    17
    NPDES
    Permit
    No. 1L0078727
    Construction
    Authorization No.
    0006-08
    CA. Date: May 20, 2008
    ii.
    Monitoring Well Nos.
    MW2SS, MW27S, MW28, MW3O,
    MW3I,
    MW32, MW33,
    MW34
    and the
    two (2) additional
    wells downgradient of
    Basins 001
    and 003 shall be monitored quarterly as
    required
    by
    IDNR/OMM for the following
    list of constituents:
    Iron (dissolved)
    Hardness
    Iron (total)
    Acidity
    Manganese (dissolved)
    Alkalinity
    Manganese
    (total)
    pH
    Sulfate
    Water Elevation
    Total Dissolved Solids
    d.
    Groundwater
    monitoring reports shall be submitted in accordance with the following schedule.
    January, February, March
    May 1
    April,
    May,
    June
    August 1
    July, August, September
    November 1
    October, November,
    December
    February
    1
    e.
    Two copies of all groundwater
    monitoring reports
    shall
    be
    submitted
    to the following address:
    Illinois Environmental
    Protection Agency
    Mine Pollution Control
    Program, Permits
    2309
    West Main
    Street,
    Suite 116
    Marion, IL 62959
    Should electronic
    filing
    of
    groundwater monitoring data be elected,
    electronic
    nolification shall be provided to the Agency
    upon
    submittal
    of groundwater data
    to IDNRJOMM.
    f.
    A statistically valid
    representation of background
    water quality
    required under Condition 13(b) above
    shall
    be submitted
    utilizing the following method.
    This method shall be used to determine the upper 95 percent confidence
    limit
    for each
    parameter listed
    above.
    Should
    the Permittee that an
    alternate slatistical
    method
    would
    be more appropriate based on
    the data being
    evaluated,
    the
    Permittee may request utilization of such alternate
    methodology.
    Upon approval from the
    Agency, the
    alternate
    methodology
    may be utilized to determine a statically valid representation
    of
    background water quality.
    This
    method
    should be used to
    predict
    the confidence
    limit when singe
    groundwater samples are taken from each
    monitoring (test) well.
    i.
    Determine the arithmetic mean
    (Xb
    >
    of each indicator parameter for the background sampling period. If more than
    one background
    (upgradient)
    well is
    used, an equal number of samples
    must be taken
    from each well.
    x+x+...x
    1
    2
    n
    Ab —
    n
    Where:
    Xb
    = Average background
    value
    for a given chemical parameter
    — Background values for each upgradient sample
    n
    = Number of background
    samples
    taken

    Page 18
    NPDES
    Permft
    No. lL0078727
    Construction
    Authorization
    No.
    0006-08
    C.A. Date: May
    20, 2008
    ii.
    Calculate the background
    variance (S) and standard deviation (Sb)
    for
    each
    parameter
    using the values
    (Xc) from
    each background sample of
    the upgradient well(s) as follows:
    (X
    —X)2
    ÷(X
    X)
    2
    ++(X —x
    )2
    1
    2
    nb
    n—I
    Sb
    iii.
    Calculate the
    upper confidence limit using the following formula:
    CL
    = Xb
    ±tJXb +tl+I/n(Sb)
    Where:
    CL = upper confidence
    limit
    prediction
    (upper and lower limits
    should be calculated for pH)
    one-tailed
    t
    value
    at the required
    significance
    level and at n-I degrees
    of freedom from Table I
    (a
    two-tailed
    t
    value
    should be used
    for pH)
    iv.
    If the values
    of
    any
    routine parameter for any monitoring well exceeds
    the upper confidence
    limit
    for that
    parameter,
    the
    permittee
    shall conclude that
    a
    statistically significant
    change has
    occurred
    at that well.
    v.
    When
    some
    of the
    background
    (upgradient)
    values
    are
    less
    than
    the Method Detection Limit (MDL),
    a value
    of
    one-half (1/2) the
    MDL shall be substituted
    for each background value that is reported as less than the
    MDL.
    All
    other computations shall be
    calculated as given above.
    If all the background (upgradient)
    values are less than the MDL for
    a
    given parameter, the Practical
    Quantitation Limit
    (PQL),
    as
    given
    in 35 Ill. Adm. Code Part 724 Appendix
    I
    shall
    be used to
    evaluate
    data
    from monitoring wells. If the
    analytical results
    from any monitoring well exceeds two
    (2)
    times
    the
    PQL
    for
    any single parameter, or if they exceed
    the PQLs for two
    or
    more
    parameters, the permittee shall
    conclude that a statistically significant change
    has
    occurred.
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Page
    19
    NPDES Permit No.
    1L0078727
    Construction Authorization
    No.
    0006-08
    CA. Date: May 20,
    2008
    Table I
    Standard T-Tables
    Level of Significance
    t-values
    t-values
    Degrees
    of
    freedom
    (one-tail)
    (twotail)*
    99%
    95%
    99%
    95%
    4
    3.747
    2,132
    4.604
    2.776
    5
    3.365
    2.015
    4.032
    2.571
    6
    3.143
    1.943
    3.707
    2.447
    7
    2.998
    1.895
    3.499
    2.365
    8
    2.896
    1.860
    3.355
    2.306
    9
    2.821
    1.833
    3.250
    2.262
    10
    2.764
    1.812
    3.169
    2.228
    11
    2.718
    1.796
    3.106
    2.201
    12
    2.681
    1.782
    3.055
    2.179
    13
    2.650
    1.771
    3.012
    2.160
    14
    2.624
    1.761
    2.977
    2.145
    15
    2.602
    1.753
    2.947
    2.131
    16
    2.583
    1.746
    2.921
    2.120
    17
    2.567
    1.740
    2.898
    2.110
    18
    2.552
    1.734
    2.878
    2.101
    19
    2.539
    1.729
    2.861
    2.093
    20
    2.528
    1.725
    2.845
    2.086
    21
    2.518
    1.721
    2.831
    2.080
    22
    2.508
    1.717
    2.819
    2.074
    23
    2.500
    1.714
    2.807
    2.069
    24
    2.492
    1.711
    2.797
    2.064
    25
    2.485
    1.708
    2.787
    2.060
    30
    2.457
    1.697
    2.750
    2.042
    40
    2.423
    1.684
    2.704
    2.021
    Adopted from
    Table Ill of
    Statistical Tables for
    Biological Agricultural
    and Medical Research’ (1947.
    R.A. Fisher and F. Yates).
    For
    pH
    only when required.
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Page
    20
    NPDES
    Permit
    No.
    lL0078727
    Special
    Conditions
    Special
    Condition
    No. 1:
    No
    effluent from
    any mine
    related
    facility
    area under
    this permit
    shall,
    alone
    or in combination
    with
    other
    sources,
    cause
    a
    violation of
    any applicable
    water
    quality
    standard
    as
    set out in
    the Illinois
    Pollution
    Control
    Board
    Rules and
    Regulations,
    Subtitle
    C:
    Water
    Pollution,
    Special
    Condition
    No. 2: Samples
    taken
    in compliance
    with the
    effluent
    monitoring
    requirements
    shall be
    taken at
    a point
    representative
    of the
    discharge,
    but
    prior
    to
    entry
    into the
    receiving
    stream.
    Special
    Condition
    No.
    3: The
    permittee
    shall record
    monitoring
    results
    on
    Discharge
    Monitoring
    Report
    Forms
    using one
    such
    form
    for
    each discharge
    each
    month.
    The
    Discharge
    Monitoring
    Report
    forms shall
    be submitted
    to the
    Agency
    in
    accordance
    with
    the
    schedule
    outlined
    in Special
    Condition
    No.
    4
    below.
    Discharge
    Monitoring
    Reports
    shall
    be mailed
    to the
    IEPA
    at the
    following
    address:
    Illinois Environmental
    Protection
    Agency
    Division
    of
    Water
    Pollution Control
    1021
    North
    Grand
    Ave.,
    East
    P.O.
    Box
    19276
    Springfield,
    Illinois 62794-9276
    Attn: Compliance
    Assurance
    Section
    Special
    Condition
    No.
    4:
    The
    completed
    Discharge
    Monitoring
    Report
    form
    shall be retained
    by
    the permittee
    for
    a
    period of
    three
    months
    and shall
    be
    mailed
    and received
    by the
    IEPA in
    accordance
    with the
    following
    schedule,
    unless
    otherwise
    specified
    by the
    permitting
    authority.
    Peric.d
    Received
    by
    IEPA
    January,
    February,
    March
    April
    15
    April,
    May, June
    July 15
    July,
    August,
    September
    Oc:ober
    15
    October,
    November.
    December
    January
    15
    Special
    Condition
    No.
    5:
    If an applicable
    effluent
    standard
    or limitation
    is
    promulgated
    under
    Sections
    301(b)(2)(C)
    and
    (D),
    334(b)(2),
    and
    307(a)(2)
    of
    the
    Clean
    Water Act
    and
    that effluent
    standard
    or
    limitation
    is
    more
    stringent
    than
    any
    effluent
    limitation
    in the permit
    or controls
    a
    pollutant
    not
    limited
    in the
    NPDES
    Permit,
    the Agency
    shall
    revise
    or
    modify
    the permit
    in
    accordance
    with
    the
    more
    stringent
    standard or
    prohibition
    and shall
    so
    notify
    the permittee.
    Special
    Condition
    No.
    6: The
    permittee
    shall notify
    the
    Agency in
    writing
    by
    certified
    mail within
    thirty
    days
    of
    abandonment,
    cessation,
    or
    suspension
    of active
    mining
    for thirty
    days
    or more
    unless
    caused
    by a
    labor
    dispute.
    During
    cessation
    or suspension
    of
    active
    mining,
    whether
    caused
    by
    a
    labor
    dispute
    or not,
    the permittee
    shall
    provide
    whatever
    interim
    impoundment,
    drainage
    diversion,
    and
    wastewater
    treatment
    is necessary
    to
    avoid violations
    of the
    Act or
    Subtitle
    0.
    Special
    Condition
    No. 7:
    Plans must
    be
    submitted
    to and
    approved
    by this
    Agency prior
    to
    construction
    of
    a sedimentation
    pond.
    At
    such
    time
    as runoff
    water
    is
    collected
    in
    the
    sedimentation
    pond,
    a
    sample shall
    be collected
    and analyzed
    for
    the parameters
    designated
    as 1
    M-1 5M
    under Part
    5-C
    of Form
    2C
    and the
    effluent
    parameters
    designated
    herein with
    the
    results
    sent to
    this
    Agency.
    Should
    additional
    treatment
    be
    necessary
    to
    meet these
    standards,
    a Supplemental
    Permit
    must also
    be
    obtained.
    Discharge
    from
    a pond
    is not allowed
    unless
    applicable
    effluent
    and water
    quality standards
    are
    met.
    Special
    Condition
    No. 8:
    The
    special
    reclamation
    area
    effluent
    standards
    of 35 Ill.
    Mm. Code
    406.109
    apply only
    on approval
    from the
    Agency.
    To obtain
    approval,
    a
    request
    form
    and supporting
    documentation
    shall
    be
    submitted
    45 days
    prior
    to
    the month
    that
    the
    permittee
    wishes
    the
    discharge
    be
    classified
    as
    a
    redamation
    area
    discharge.
    The Agency
    will
    notify the
    permittee
    upon
    approval
    of
    the
    change.
    Special
    Condition
    No. 9:
    The special
    stormwater
    effluent
    standards
    apply
    only
    on
    approval
    from
    the
    Agency.
    To
    obtain
    approval,
    a
    request
    with
    supporting
    documentation
    shall
    be
    submitted
    45
    days
    prior to
    the month
    that
    the
    permittee
    proposes the
    discharge
    to
    be
    classified
    as a
    stormwater
    discharge.
    The
    documentation
    supporting
    the
    request shall
    indude
    analysis
    results
    indicating
    the
    discharge
    will
    consistently
    comply with
    reclamation
    area
    discharge
    effluent standards.
    The Agency
    will notify
    the permittee
    upon
    approval
    of the
    change.

    Page
    21
    NPDES
    Permit
    No.
    1L0078727
    Special
    Conditions
    Special
    Condition
    No. 10:
    Annual
    stcirmwater
    monitoring
    is required
    for all discharges
    not reporting
    to
    a
    sediment
    basin
    until
    Final
    SMCRA
    Bond
    is released
    and
    approval
    to
    cease
    such monitoring
    is
    obtained
    from the
    Agency.
    a.
    Each
    discharge
    must
    be
    monitored
    for pH and
    settleable
    solids
    annually.
    b.
    Analysis
    of
    samples
    must be
    submitted
    with
    second
    quarter
    Discharge
    Monitoring
    Reports.
    A
    map with
    discharge
    locations
    must be
    included
    in this
    submittal.
    c.
    If discharges
    can
    be
    shown to
    be
    similar,
    a
    plan
    may
    be
    submitted
    by
    November
    1 of
    each
    year
    preceding
    sampling
    to
    propc.se
    grouping
    of
    similar
    discharges
    and/or
    update
    previously
    submitted
    groupings,
    If updating
    of
    a
    previously
    submitted
    plan
    is not
    necessary,
    a
    written
    notification
    to
    the
    Agency
    indicating
    such
    is required.
    Upon
    approval
    from the
    Agency,
    one
    representative
    sample
    for each
    group
    may
    be
    submitted.
    Special
    Condition
    No.
    11:
    Sediment
    Pond
    Operation
    and
    Maintenance
    (Outfalls
    002, 004
    and 005>:
    a
    No
    discharge
    is allowed
    from
    Outfall
    Nos.
    002,
    004
    and
    005 during
    “low
    flow”
    or “no
    flow”
    conditions
    in the receiving
    stream,
    unless
    such
    discharge
    meets
    the
    water
    quality
    standards
    of 35
    III. Adm.
    Code
    302.
    For
    purposes
    of
    this Condition
    “low
    flow”
    shall be
    defined
    as
    any
    condition
    wherein
    the
    upstream
    flow available
    for
    mixing is
    less
    than
    the
    ratios
    times the
    flowrate
    being
    discharged
    from
    the
    respective
    outfalls.
    These ratios
    are as
    follows:
    Flow
    Ratio of Receiving
    OutfatiNo.
    Stream
    to Outfall
    Discharge
    002
    3.99
    004
    1.10
    005
    0.48
    Pursuant
    to 35
    Ill. Adm. Code
    302.102,
    discharges
    from
    the
    referenced
    outfalls
    that
    otherwise
    would
    not
    meet the
    water
    quality
    standards
    of
    35
    III.
    Adm,
    Code
    302 may
    be permitted
    if sufficient
    flow
    exists in the
    receiving
    stream
    to
    ensure that
    applicable
    water
    quality
    standards
    are
    met. That
    is, discharges
    not
    meeting
    the
    water
    quality
    standards
    of
    35 III. Mm,
    Code 302
    may
    only be
    discharged
    in
    combination
    with
    stormwater
    discharge
    from
    the
    basin,
    and
    only
    at such
    times that
    sufficient
    flows exists
    in
    the receiving
    stream
    to
    ensure
    that
    water quality
    standards
    in the
    receiving
    stream beyond
    the
    area of
    allowed
    mixing
    will not
    be
    exceeded.
    Following
    any such
    stormwater
    discharge,
    but
    prior to
    the
    flow
    in the
    receiving
    stream
    subsiding,
    the impounded
    water
    in
    the
    boom
    moy be
    pumped
    or otherwise
    evacuated
    sufficiently
    below
    the discharge
    elevation
    to provide
    capacity
    for
    holding
    a
    sufficient
    volume
    of mine
    pumpage
    and/or
    surface runoff
    to
    preclude
    the
    possibility
    of
    discharge
    until
    such
    time
    that
    a subsequent
    precipitation
    event results
    in discharge
    from
    the
    basin.
    At
    times of
    stormwater
    discharge,
    in addition
    to
    the altemate
    effluent
    monitoring
    requirements,
    Outfall Nos.
    002,
    004
    and 005
    discharges
    shall
    be monitored
    and
    reported
    for Discharge
    Rare, Sulfate,
    Chloride
    and
    Hardness.
    b.
    The following
    sampling
    and
    monitoring
    requirements
    are applicable
    to flow
    in the
    unnamed
    tributary
    to Shoal
    Creek
    Watershed
    Structure
    No. 5
    which receives
    the
    discharges
    from
    Outfalls
    002,
    004
    and 005.
    i.
    All sampling
    and
    monitoring
    required
    under
    11(b)(ii)
    and (iii)
    below shall
    be
    performed
    during
    a discharge
    and
    monitoring
    event
    from
    the associated
    outfall.
    ii.
    The unnamed
    tributary
    to
    Shoal Creek
    Watershed
    Structure
    No. 5
    shall
    be
    monitored
    and
    reported
    quarterly
    for
    Discharge
    Rate,
    Chloride,
    Sulfate
    and Hardness
    upstream
    of
    the associated
    outfall.
    At such
    time that
    sufficient
    information
    has
    been
    collected
    regarding
    stream
    flow
    characteristics
    and
    in-stream
    contaminant
    concentrations,
    the
    permittee
    may request
    a
    re-evaluation
    of
    the
    monitoring
    frequency
    required
    herein for
    possible
    reduction
    or
    elimination.
    For
    the purpose
    of
    re-evaluating
    the
    upstream
    monitoring
    frequency
    of the
    receiving
    streams,
    “sufficient
    information”
    is defined
    as
    a
    minimum
    of
    ten
    (10)
    quarterly
    sampling
    events.

    Page
    22
    NPDES Permit No. lL0078727
    Spedal
    Conditions
    In the event that upstream monitoring of the receiving waters
    is eliminated during the term of this permit based
    on
    an
    evaluation
    of the
    quarterly data,
    a
    minimum of three
    (3)
    additional
    samples analyzed for the parameters
    identified
    above must be submitted with the permit renewal application a
    minimum of 180 days prior to expiration of this
    permit.
    iii.
    The unnamed tributary to Shoal Creek Watershed Structure No. 5
    shall
    be
    monitored
    and
    reported
    annually for
    Discharge Rate,
    Chloride, Sulfate and Hardness
    downstream
    of
    each associated outfall. This downstream
    monitoring
    shall
    be performed a sufficient distance
    downstream of
    the
    associated outfall
    to ensure that
    complete
    mixing
    has
    occurred.
    Special
    Condition
    No.
    12:
    Sediment Pond Operation
    and Maintenance (Outfalls 001, 003, 006 and 007):
    a.
    For discharges resulting
    from
    precipitation events, in addition to the altemate
    effluent monitoring requirements,
    discharges
    from Outfalls, 001, 003, 006
    and
    007 shall
    be
    monitored
    and reported for
    Discharge Rate,
    Sulfate,
    Chloride and
    Hardness.
    b.
    The following sampling and
    monitoring requirements are applicable to flow in
    the unnamed
    tributary
    to Middle Fork
    Shoal
    Creek (known locally
    as
    Central Park Creek) receiving the overflow from Shoal Creek
    Watershed
    Structure No. 5 which
    receives discharges from Outfalls 001, 003,
    and
    006 and
    the unnamed tributary to Shoal Creek Watershed Structure
    No.
    5
    which receives the discharge from Ourfall 007:
    i.
    All
    sampling and monitoring required under 12(b)(li) and (ill) below
    shall
    be
    performed
    during
    a
    discharge
    and
    monitoring event from the associated outfalls.
    ii.
    The unnamed tributary to Shoal Creek Watershed Structure No. 5 shall be monitored and reported quarterly
    for
    Discharge Rate, Chloride, Sulfate and Hardness upstream of
    Outfall
    007. At such time that sufficient information
    has
    been collected regarding stream flow characteristics and
    in-stream contaminant concentrations, the permittee
    may
    request a re-evaluation
    of
    the monitoring
    frequency
    required herein for possible reduction or elimination. For
    the
    urpose of re-evaluating the upstream monitoring frequency of the
    receiving
    streams, ‘sufficient information”
    is
    defined as a
    minimum
    of
    ten (10) quarterly sampling
    events.
    In the event that upstream monitoring of the receiving waters is
    eliminated during the
    term of this
    permit
    based on an
    evaluation of the quarterly data, a minimum of three (3) additional samples analyzed
    for
    the parameters identified
    above
    must be submitted with the permit renewal application a minimum of 180 days prior to expiration of this
    permit.
    iii.
    The
    unnamed tributary to Middle Fork Shoal Creek
    (known
    locally as Central Park Creek) downstream
    of Shoal
    Creek Watershed
    Structure
    No, 5 and
    the
    unnamed tributary to Shoal
    Creek
    Watershed Structure No.
    5
    downstream
    of Outfall 007 shall
    be
    monitored
    and reported annually for
    Discharge
    Rate, Chloride, Sulfate and
    Hardness. This
    downstream monitoring shall
    be
    performed
    a
    sufficient distance downstream
    of the Shoal Creek
    Watershed Structure
    No, 5 overflow and Outfall
    007 to
    ensure that complete mixing
    has
    occurred.
    Special
    Condition
    No. 13: Data collected in accordance with Special Conditions Nos.
    11
    and 12 above will be utilized to evaluate
    the appropriateness
    of the effluent limits
    established in this Permit.
    Should
    the
    Agency’s evaluation
    of
    this data indicate
    revised
    effluent
    limits are warranted; this permit may
    be
    reopened and modified to incorporate more appropriate effluent limitations.
    This
    data
    will also be used for determination of effluent limitations at the time of permit renewal.
    Special
    Condition
    No 14:
    Mercury shall be
    monitored
    quarterly until a
    minimum
    of
    ten
    (10) samples
    have
    been collected.
    Samples
    shall
    be
    collected and tested
    in accordance with USEPA 1631E
    using the option
    at
    Section
    11.1.1.2
    requiring the heating
    of
    samples at 50”C
    for
    6 hours
    in
    a BrCl solution
    n closed vessels.
    This test method has a Method Detection Limit
    (MDL)
    of 0.001
    Ag/I,
    The results of such testing must
    be
    submitted with the quarterly
    Discharge Monitoring
    Reports (DMR’s). The Permittee may
    submit
    a
    written request to the Agency to discontinue
    quarterly
    Mercury monitoring if the sampling results show
    no reasonable
    potential to exceed the Mercury water quality standard.

    Page
    23.
    Attachment H
    Standard
    Conditions
    DefInitions
    Act means the illinois Environmental
    Protection Act, 415 1LCS S as
    Amended.
    Agency
    means the Illinois Envwonmental
    Protection Agency.
    Board means
    the Illinois
    Polluton
    Control
    Board.
    Clean Water Act (formerly referred to as the Federal Water Pollution Control Act)
    means
    Pub,
    L
    92-500, as amended. 33 U.S.C. 1251
    et
    seq.
    NPDES
    (National
    Pollutant Discharge
    Elimination System)
    means the national program
    for
    issuing,
    modifying, revoking
    and
    reissuing, terminating, monitoring
    and enforcing permits, and
    imposing and enforcing pretreatment
    requirements, under Sections
    307,
    402,
    318
    arid 405
    of the Clean Water Act.
    IJSEPA means the United States
    Environmental Protection Agency.
    Daily Discharge means the
    discharge
    of a
    pollutant measured during
    a calendar day
    or
    any
    24-hour period that reasonably
    represents the calender day for purposes
    of
    sampling. For
    pollutants With limitations expressed in units of
    mass, the daily discharge’ is calcutated as
    the total mass
    of
    the
    pollutant discharged
    over the
    day.
    For pollutants with
    limitations
    expressed in other units of measurements,
    the ‘daily discharge’ Is calculated
    as the average
    measurement of the pollutant
    over the day.
    MaxImum Daily DIscharge Limitation (daily maximum) means the highest allowable
    daily
    discharge.
    Average Monthly
    DIscharge LImitation (30 day
    average)
    means
    the
    highest
    allowable
    average
    of
    daily discharges
    over
    a
    calendar month, calculated as the
    sum of
    all daily
    discharges
    measured
    during a calendar
    month divided
    by
    the number
    of
    daily
    discharges
    measured
    during
    that month.
    Average Weekly Discharge LImItation (7 day average) means the highest allowable
    average of daily discharges over
    a
    calendar week, calculated as
    the
    sum
    of all
    daily
    discharges measured
    during a
    calendar week divided by the number of daily discharges
    measured during that week.
    Best Management
    Practices
    (BMP5)
    means
    schedules
    of
    activities,
    proifribulions
    of
    practices,
    maintenance procedures,
    and other
    management practices to
    prevent
    or reduce
    the
    pollution
    of waters of the Stale. BMPs also include treatment requirements, operating procedures, and
    practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage
    from
    raw
    material storage.
    Aliquot
    means a
    sample of specified
    volume
    used to make up a
    total composite
    sample.
    Grab Sample means art individual
    sample
    of at least 100
    milliliters
    collected
    at a randomly-
    selected time
    over a period not exceeding
    15 minutes.
    24
    Hour
    Composite
    Sample means a
    combination
    of at
    least 8
    sample aliquots of at least
    100
    milliliters, collected
    at
    periodic intervals during the operating hours of a facility over a 24-
    hour period.
    & Hour ComposIte
    Sample means a
    combination of at least
    3
    sample aliquols
    Of at
    least
    100
    milliliters, collected
    at
    periodic Interests
    during
    the operating hours of a facility over
    an
    8-hour
    period.
    Flow
    ProportIonal ComposIte Sample means a combination of sample
    allquots of at
    least
    100 milliliters collectea
    at periodic intervals such that either the time interval between each
    aliquot
    or
    the
    volume
    of
    each aliquot
    is
    proportional to either the stream flow at the lime of
    sampling or the total stream flow since the collection of the previous aliquot.
    (1)
    Duty
    to
    comply.
    The pemiittee must comply with all conditIons of this permit.
    Any
    permit
    noncompliance constitutes a violation of the Act and is grounds for enforcement
    action,
    permit termination, revocation and reissuance, modification, or for denial
    of
    a
    permit renewal application. The permiltee shalt comply
    With
    elfluent standards
    or
    prohibitions eslablished under Section 307(a) of the Clean Water Act for toxic
    pollutants
    within the time provided in the regulations that
    establish
    these
    standards or
    prohibitions, even if the permit has not yet been modified to incorporate the
    requirement.
    12)
    Dusy to reappty.
    If
    the
    pemrittee wishes to
    continue
    an activity regulaNtd by this
    permit
    after the expiration date of this permit, the pemlittee must
    apply for
    and
    obtain a new
    parnii
    If th5
    fi4imittee
    ruitmita
    a proper application as required by the Agency no later
    than 180
    days
    prior
    to
    the aspiration date, this permit
    shall continue in full
    force and
    effect until the final Agency decision on the application
    has
    been
    made.
    (3) Need to halt or reduce
    activity not a defense, It shall not be a defense
    for a
    permitlee vi an enforcement action
    that
    it
    would have
    been necessary to halt or
    reduce
    the pennitled activity
    in order to maintain compliance with the conditions of
    this permit.
    (4) Duty to
    mitIgate. The pe’miltee
    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.
    (5) Proper operatton and maintenance.
    The pemlittee shall
    at
    all
    times properly operate
    and maintain sit facilities and
    systems of treatment
    and control
    land
    related
    sppurtenances) which are installed or used by
    the perrniltee
    to achieve compliance
    with conditions of
    Ihis permit. Proper operation and
    maintenance nctudea
    effective
    performance,
    adequate
    tunctirig,
    adequate operator staffing
    and
    training,
    and adequate
    laboralory
    and
    process
    controls,
    including appropriate quality
    assurance
    procedures.
    [Iris provision requires the
    operation 01 back-up,
    or
    auxiliary tacitities,
    or similar
    systems only wtren necrnssary
    to achieve compliance with the
    conditions of the permit
    (6)
    PermIt
    actions. This permit may be
    modified,
    revoked and
    reissued,
    or terminated
    for
    cause by the Agency
    pursuant to 40 CFR 122.62.
    The tiling
    of
    a
    request by
    the
    permittee
    for
    a permit
    modification,
    revocation and
    reissuance,
    or
    termination,
    or
    a
    notiftcatlon of planned changes or anticipated
    noncompliance,
    does
    not stay
    any
    permit
    condition.
    (7)
    Property rights. This permit does not
    convey any
    property rights of
    any
    sort, or any
    exclusve
    privilege.
    (8)
    Duty to provide Information. The permittee
    shall
    furnish to the
    Agency
    within
    a
    reasonable lena any information which Ihe
    Agency
    may
    request
    to
    determine
    whether
    cause exists for modifying
    revoking and reissuing
    or
    terminating
    this
    perm
    t or to
    detemrtne coniptiance with
    the
    permit. The
    permitteeshatl
    also ftimish to the
    Agirnce,
    upon
    request, copies of records required to be kept by
    this
    permit.
    (9)
    InspectIon and entry. The
    permittee shall allow
    art authorized
    representative
    of the
    Agency, upon the presentation of credentiats and
    other documents
    as may be
    required
    by law, to:
    (a)
    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
    this
    permit;
    (b)
    Have access
    to and copy, at reasonable times, any records
    that must be
    kept
    under the
    conditions of this permit:
    (c) Inspect at reasonable times any facilities,
    equipment (including
    monitoring
    and
    control
    equipment),
    practices, or operations
    regulated or required
    under this
    permit;
    and
    (d) Sample or monitor
    at
    reasonable
    times,
    far the purpose of assuring
    permit
    compliance,
    or
    as otherwise authorized by
    the
    Act,
    any substances
    or parameters
    at any location.
    (10) MonItoring and records.
    (a) Samples
    and measurements taken for the purpose of
    monitoring shall
    be
    representative of the monitored
    activity.
    (b)
    The
    permittee
    shall retain records of
    all monitoring inlotmation, including
    all
    calibration and maintenance
    records
    and
    all original
    a np chart recordings
    for
    continuous
    monitoring
    instrumentation,
    copies of all reports required
    by
    this
    permt, and
    records
    of all data used to complele the application
    for this permit,
    for
    a period of at least 3 years from the date of this permit,
    measurement. report
    or
    application.
    This period may be extended by request of the
    Agency at any
    lime.
    (c)
    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) analyses
    were performed:
    (4)
    The individual(s)
    who performed the analyses;
    (5)
    The analytical techniques or methods used: and
    (6) The
    resuils
    of such analyses.
    Id) Monitoring must be conducted according to test procedures approved under
    40
    CFR Part 138, unless other test procedures have been specified in this
    permit.
    Where no test procedure under 40
    CFR
    Part 136 has been approved,
    the
    permittew must submit
    to the
    Agency a test method for approval.
    The
    permittee
    shall calibrate
    and perform maintenance
    procedures
    on
    all
    monitoring and
    analytical instrumentation at intervals
    to
    ensure
    accuracy
    of measurements.
    (ii)
    SIgnatory requIrement.
    Alt applications, reports or
    information
    submitted
    to
    the
    Agency
    shall
    tie
    signed and
    certified.
    (a) ApplIcation. Alt permit applications shall be signed as follows:
    (1) For a corporation: by a principal executive officer of at least the level
    01
    vice president or a person or position having overall responsibility
    for
    environmental matters for the corporation;
    (2) For a partnershIp or solo proprietorship: by
    a
    general
    partner or le
    proprietor,
    respectively:
    or
    (3) For a munIcipalIty, State, Federal, or other public agency:
    by
    either
    a
    principal
    executive officer
    or
    ranking elected official.
    (b) Reports. All reports required
    by permits, or other information requested
    by the
    Agency
    shall be
    signed
    by
    a
    person descrbed in paragraph
    (a) or by a duly
    authorized representative of that person. A person is
    a duly aulhorized
    representative only if:
    (1) The
    authorization
    is made
    itt
    writing by
    a person
    described
    in paragraph
    (a):
    and
    (61
    The authorization
    specifies either an individual or
    a
    position
    responsible for
    the overall
    operation
    of
    the facility, from which the discharge
    originates,
    such
    as a plant manager,
    superintendent or person of equivalent
    responsibility:
    and
    (3) The written authorization
    is submitted to the Agency.

    Page
    24.
    (C) Changes
    of
    Authorization.
    If an
    authorization
    under (b)
    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
    (b)
    must
    be
    submitted
    to the Agency
    prior to or
    together
    with any
    reports,
    Information,
    or applications
    to be signed
    by
    an
    authorized
    representative.
    (12)
    ReportIng
    requirements.
    (a)
    Planned changes.
    The
    perrnittee
    shall
    give
    notice to
    the Agency
    as soon as
    pOssible
    of any
    planned
    physical
    alterations
    or
    additions to the
    permitted
    facility.
    (b)
    Anticipated noncomplIance.
    The
    permittee
    shall give
    advance notice
    to
    the
    Agency of any
    planned
    changes in the
    permitted
    facility or
    activity which may
    result
    in noncompliance
    with
    permit
    requirements.
    (c) Compliance
    schedulee. 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.
    (it) Monitoring
    reports.
    Monitoring
    results
    shall be
    reported at
    the intervals
    specified
    elsewhere in
    this permit.
    (1) Monitoring
    results must be
    reported
    on a
    Oischarge Monitoring
    Report
    (DMR).
    (2) It the
    perrnittee monitors
    any
    pollutant more
    frequently
    than required
    by the
    permit,
    using
    test
    procedures
    approved
    under
    41)
    CFR
    136 or
    as
    specified
    in
    the pem,it,
    the results of
    this
    monitoring
    shall
    be Included
    in the calculation
    Ond reporting
    of
    the data
    submitted
    in the
    QMR.
    (3) Calculations
    for all
    limitations
    which
    require
    averaging
    of measurements
    shall utilize
    an
    arithmetic
    mean
    unless otherwise
    specified
    by the Agency
    in
    the permit.
    (e) Twenty-four
    hour reporting.
    The
    permitlee
    shall
    report any
    noncompliance
    which may
    endanger
    health or
    the
    environment Any
    Information
    shall
    be
    provided
    orally within
    2$ hours from
    the
    tints the perrnittee
    becomes
    aware of
    the
    cbcums(ancas.
    A
    written
    submission
    shell also
    be
    provided
    withIn
    5
    days
    of the
    time
    the permutes
    becomes
    aware
    of the
    circumstances.
    The
    written
    submission
    shall contairt
    a
    description
    of
    the
    noncompliance and
    its cause;
    the period
    of
    rrcncompiisrice,
    including exact dates
    and time;
    and if the
    noncompliance
    has not
    been corrected,
    the anticipated
    time it is
    expected
    to continue;
    and steps taken
    or planned to
    reduce, eliminate,
    and
    present
    reoccurrence
    of the
    noncompliance.
    The
    following shall
    be included
    as information
    wnich must
    be
    reported
    within
    24
    hours:
    (1) Any unanticipated
    bypass
    which exceeds
    any
    etfluent limitation
    in
    the
    permit;
    (2) Violation
    of a maximum
    daily
    discharge
    limitation for any
    of
    the
    pollutants
    listed by-ths
    Agency
    in
    the permit to be
    reported within 24
    hours.
    The
    Agency
    may
    wafae
    the
    written report
    on a
    case-by-case
    basis
    if
    the oral
    report
    has been
    received within 24
    hours.
    (f) Other
    noncompliance.
    The
    permiflee
    shall report
    all
    instances
    of
    noncompliance
    not
    reported under
    paragraphs
    (12)(c), (d),
    or (a), at
    the time
    monfoning reports
    are
    submitted.
    The reports
    shall contain the
    information
    listed
    in, paragraph
    (1 2)(e).
    (g)
    Other information.
    t
    Atrere the
    permlttae becomes
    aware
    that
    ii
    failed
    to
    submit
    any
    re avert
    facts
    ma permit
    apph,alron
    or
    submitted mcorrect
    rnfOrintetl1)fl
    ill a
    permit
    application,
    or
    .n
    any report
    to the
    Agency,
    it
    shall
    promptly submit
    such
    facts
    or informiafion.
    (131
    Trartsferof
    permta A permit
    may be
    automatically transferred
    to a new
    permittee
    (a)
    The
    current
    permittee
    notifies
    the Agency
    at
    least
    30 days
    in advance of
    the
    proposed
    transfer date:
    (b)
    The notice
    includes
    a written agreement
    between
    the
    existing
    and new
    pertnitteea
    containing
    a
    specific date
    for
    transfer
    of
    permit
    responsibility
    coverage
    and
    liability
    between the current
    and
    new
    permittees; and
    (c)
    The
    Agency
    dods not
    notify the
    esialing permittee
    and the
    propoaed
    new
    permittee
    of its intent to
    modify
    or revoke and
    reissue
    the permit.
    If this
    notice Is
    not received,
    the
    transfer
    is effective
    on the date
    spccificd
    in the
    agreement.
    (14)
    All
    manufacturing,
    commercial,
    mining,
    and slivicultural
    dischargera
    must
    notify the
    Agency
    aa
    soon as they know
    or have
    reason to believe:
    (a)
    That
    any activity
    has occurred or
    writ occur
    ‘sfilch would result
    In the
    discharge
    of
    any
    toxic pollutant
    identified under Section
    307
    of the
    Clean Waler
    Act
    which
    Is
    not
    limsed
    itt the permit,
    if that
    discharge will exceed
    the
    highest
    of
    the
    following
    notification levels:
    (1) One
    hundred
    micrograms
    per
    liter
    (100 uglt);
    (2)
    Two hundred
    micrograms
    per
    liter
    (200
    ugh) for acrotein
    and
    acrylonitrlte;
    five
    hundred
    micragrame
    per
    liter (500 ugiI)
    for 2,4-dinitrophenoi
    and
    for
    2
    mathyl.4,6
    dinitrophenol;
    and
    one
    millIgram
    per lIter
    (1
    mg!l)
    for
    antimony.
    (3) Five
    (5) times
    the maximum
    concentration
    value reported
    far
    that
    pollutant
    in
    the
    NPOES
    permit
    application;
    or
    (4)
    The
    level established
    by the Agency in
    this permit.
    (b) Thatihay
    have
    began or
    expect
    to
    begin
    to use
    or manufacture
    as an
    intermediate
    or final
    product
    or
    byproduct
    any
    toxic
    pollutant which
    was not
    reported
    in
    the
    NPDS
    permit application.
    (15)
    All Publicly
    Owned Treatment
    Works (PO1Ws)
    must
    provide
    adequate notice
    to
    the
    Agency
    of the
    following:
    (a)
    Any new
    introduction of
    pollutants
    into that POTW from
    an indirect discharge
    whicn would
    be subject
    to Sections
    301 or
    306 of
    the Clean
    Water
    Act if it were
    directly
    discharging
    those
    pollutants;
    and
    (it)
    Any
    substantial
    change in tlr volume
    or
    eharactar
    of pollutants being
    etroducod
    into that P01W
    by
    a
    source
    introducing
    pollutants into
    the P01W at the time
    or
    issuance
    of the permit.
    -
    Ic) For
    purposes
    of
    lhis
    paragraph,
    adequate notice shall
    include intormatiort
    on ii
    the
    quality
    and quantity
    itt
    ettluent introduced
    rita tIre
    POTW, antI
    liii trip
    anticipated
    impact of the
    change on the quantity
    or qriality
    ol
    elituent
    to
    t
    discharged
    from the P01W
    (t6)
    If
    the permit
    is issued
    ton
    publ:cly
    owned
    or
    publicly regulated
    treatment
    winks,
    tire
    permittee
    shall require
    arty
    indusiriat
    user
    of
    such treatment
    works
    to
    comply
    with
    federal
    requirements
    concerning:
    (a)
    User
    charges pursuant to
    Section
    204(b) of the Clean
    Water Act,
    and
    applicable
    regulations
    appearing in 40 CFR
    35;
    (it)
    Toxic
    pollutant
    effluent
    standards
    and pretreatment
    standards
    pursuant
    to Section
    307 of the
    Clean
    Water
    Act:
    and
    (c)
    Inspection.
    monitoring
    and entry
    pursuant to Section
    308
    of Ihe
    Clean
    Water
    Act,
    (17)
    If an applicable
    standard
    or limitation
    is
    promulgated
    under Section
    301(b)(2l(C)
    and
    (0),
    304(b)(2),
    or
    307(51(2)
    and
    that effluent standard
    or limitation
    is
    more
    stringent
    than
    any effluent
    limitation in the
    permit, or controls
    a pollutant not
    limited
    in
    the
    permit,
    the permit
    shall
    be promptly
    modified
    or
    revoked,
    and reissued
    to conform to
    that
    effluent
    standard
    or limitation.
    (lit)
    Any
    authorization
    to construct
    issued
    to the permittee
    pursuant 1035111.
    AnIm.
    Code
    309.154
    is hereby
    incorporated by reference
    as
    a condition
    of this permit
    (19)
    The
    petmitsee
    shail not make
    any false statement,
    epresentaton
    or
    certification
    in an
    application,
    record, report, plan
    or
    other
    document
    submitted to the Agency
    or the
    USEPA.
    or required
    to
    be
    maintained
    under this permit.
    (20)
    The
    Clean
    Water
    Act
    provides that any
    person who
    violates
    a
    permit condition
    implementing
    Sections
    301,
    302, 306, 307, 308,
    31.3. or 405 of the
    Clean
    Water 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
    implementing
    Sections
    301,
    302,306,307. or
    308
    of
    the Clean Water
    Act is
    subjecl ton fine
    of not less than
    $2,500
    nor
    more
    tttart 625,000
    per
    day
    of
    violation,
    or by
    imprisonment
    for
    not more
    than one
    year,
    or both.
    (21) The
    Clean
    Water Act provides
    that any person
    who
    falsities,
    tampers
    muir, or
    knowingly
    renders inaccurate
    any monitoring
    device
    or meihod required
    to be
    maintained
    under
    permit
    shall,
    upon
    conviction, be
    punished
    by a tine of not
    more
    than
    $10,006
    per violation,
    or
    by
    imprisonment
    for not more Ihan
    6 months per
    violation,
    or
    by both.
    (22)
    The Clean
    Water Act
    provides that
    any person who
    knowingly makes
    any
    false
    statement,
    representation,
    or
    certification
    In any record
    or other document
    sat’mitted
    or
    required to be
    maintained under
    this permit shall,
    including
    monitoring
    reports
    or
    reports olcompnlsnce
    or
    non-compliance shall,
    upon
    conviction,
    be punished by
    a fine
    of not more than
    $10,000
    per
    violation,
    or
    by
    imprisonment for not
    more
    than
    6
    months
    per
    violation.
    or
    by both.
    (23)
    Collected
    screening,
    slurries, sludges,
    and other
    solids
    shall be
    disposed of
    in such
    a
    manner as
    to
    prevent
    entry of those wastes
    (or
    runoff from
    the wastes)
    into waters
    of
    the State. The proper
    authorization
    for such disposal
    shall
    be
    obtained from the
    Agency
    and is incorporated
    as part
    hereof
    by reference,
    (24)
    In
    case
    of conflict
    between these
    standard
    conditions
    and any
    other
    condition(s)
    included
    in this
    permit,
    the
    other condition(s)
    shall govem.
    (25)
    The
    permittee
    shall comply with,
    in
    addition to tire
    requirements of
    the
    penrilt. all
    applicable provisions
    of 35 III. Adm.
    Code. Subtitle
    C.
    Subtitle 0.
    Subtitle E.
    and
    all
    apptlcab.e orders
    of the Soard.
    (26)
    The
    provisions
    of this permit are
    severable,
    end
    if arty
    provision
    of
    this
    permit, or the
    application of
    any provision of this
    permit is held invalid,
    the
    remaining
    provisions,
    of
    thiS
    permit shall continue
    in full force
    and effect.
    (Rev.
    3-13.98)

    Exhibit
    D:
    IDNR,
    Integrating
    Multiple
    Taxa in
    a Biological Stream
    Rating
    System
    (2008)

    ,
    ‘1
    ,
    S1
    ‘V
    •‘
    :
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Photo Credits
    All photos were taken by the IDNR Watershed
    Protection Section staff except:
    cover - Kevin Cummings - Bean
    Creek - Salt Fork
    page 2 - Kevin Cummings - Hickory Creek
    page 6- Ed Dewalt - Hydroperla fugitans
    (Plecoptera: Perlodidae) the Springfiy
    page 6- Kevin Cummings
    - Threatened mussels at Salt Fork
    page 7- Kevin Cummings - Mussel
    sampling
    on the North Fork Vermilion River
    page
    11 - Chris Taylor - Orconectes
    propinquus
    page
    15- Kevin Cummings
    - Asian clams
    at
    Lone Tree Creek
    page
    21 - Kevin Cummings
    - Pink Heelspliffer from the Sangamon River

    Acknowledgments
    T
    his
    work
    would
    not
    have
    been
    possible
    without
    the
    previous
    efforts
    of
    the
    Biological
    Stream
    Characterization
    Work
    Group
    that
    instituted
    a
    statewide
    stream
    rating
    system
    in
    the
    late
    1980s
    and
    the
    Illinois
    Natural
    History
    Survey that
    developed
    the initial
    Biologically
    Significant
    Streams
    listing.
    We would
    like
    to
    thank
    all
    the
    members
    of
    our Biologically
    Significant
    Streams
    work
    group for their
    efforts
    at
    enhancing
    this
    project.
    Special
    thanks
    to
    Kevin
    Cummings,
    Ed
    DeWalt,
    Mark
    Joseph,
    Christine
    Mayer, Chris
    Phillips,
    Bob
    Schanzle,
    Bob
    Szafoni,
    Chris
    Taylor,
    John
    Wilker,
    and
    the
    IDNR stream
    specialists
    for
    providing
    access
    to
    data
    from
    streams
    throughout
    Illinois.
    This
    report
    is
    based
    largely on
    work
    done
    by
    Leslie
    Bol and Leon
    Hinz
    of
    the
    Illinois
    Natural History
    Survey, and Ann
    Marie
    Holtrop
    of
    the IDNR.
    Their
    work
    was
    funded by
    IDNR
    through
    the
    Illinois
    State
    Wildlife
    Grant
    Program
    (T-20-P-OO1
    ).

    Preface
    TJ
    pdated stream ratings are provided in
    this
    report
    under authority
    of state law
    (see 515 ILCS 5-5 and 520 ILCS 5/2.1).
    This
    state
    law provides
    the Illinois
    Department of Natural Resources (IDNR)
    with ownership of the wildlife and
    aquatic
    resources residing within the borders of
    the State of
    Illinois.
    The
    IDNR is
    designated
    as
    the agency of
    state
    government charged
    with
    the regulation,
    protection,
    and preservation of those
    natural resources. Tools
    such as the
    stream
    ratings
    provided
    in this report are
    used by
    IDNR
    as
    the basis for field
    program implementation for resource
    protection.
    For over twenty years,
    resource mangers
    in Illinois
    have used
    stream
    biological ratings as a vehicle for
    the
    interpretation, assessment,
    and
    communication of aquatic resource values.
    The first stream
    ratings, published in 1989,
    were
    based
    on a five-tiered classification
    system predicted
    largely on the
    type and
    condition of the fishery resource. In July
    2005, the State of Illinois submitted
    a
    Comprehensive
    Wildlife Conservation Plan
    to
    the
    U. S.
    Fish and Wildlife Service as
    part of a
    Congressional mandate
    to be
    eligible for future federal funding. The plan
    was
    accepted, renamed the Illinois
    Wildlife
    Action Plan,
    and became
    the strategic
    document
    guiding
    protection
    and
    conservation efforts throughout the state.
    As the name implies, the Illinois
    Wildlife
    Action Plan outlines
    a
    plan
    of action
    to
    address the particular needs of
    wildlife
    that
    are declining
    and presents a
    targeted
    approach to habitat enhancement and
    conservation.
    The
    Wildlife Action Plan
    broadly
    addresses all types
    of wildlife
    including fish, mussels, amphibians, and
    reptiles.
    To
    help
    establish baseline
    conditions against which change promoted
    by
    the Illinois
    Wildlife Action
    Plan could
    be
    measured
    and understood, the
    following
    report describes in detail
    a
    stream rating
    process
    based on multiple aquatic
    taxonomic groups. Users desiring access
    to the most current ratings and
    additional location information are
    encouraged
    to
    search
    http://
    www.dnr.state.il.us/orc/BioStrmRatin
    gs/. The ratings will provide the
    Illinois
    Department
    of Natural Resources
    with
    a
    mechanism for identifying high-quality
    examples of all stream communities and
    will guide management and restoration
    activities
    throughout the state.•
    II

    Table
    of
    Contents
    Acknowledgments
    Preface
    ii
    Table
    of
    Contents
    iii
    Introduction
    1
    General
    Approach
    for Diversity
    and
    Integrity
    Ratings
    3
    Diversity
    Ratings
    5
    Background
    5
    Approach
    5
    Examples
    of
    Diversity
    Ratings
    12
    Map
    of Diversity
    Ratings
    14
    Integrity
    Ratings
    15
    Background
    15
    Approach
    15
    Examples
    of
    Integrity
    Ratings
    20
    Map
    of
    Integrity
    Ratings
    22
    Biologically Significant
    Streams
    23
    Map
    of
    Biologically
    Significant
    Streams
    25
    Conclusions
    26
    Data
    Issues
    26
    Updates
    and Revisions
    27
    Literature
    Cited
    30
    Appendix
    A
    33
    III
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    List of
    Tables
    Table 1.
    The number of sites
    from each dataset used
    to
    calculate diversity ratings.
    Table
    2.
    Number of
    taxa
    corresponding
    to each class in the Macroinvertebrate Index
    of Biotic Integrity (Tetra Tech, Inc. 2007).
    Table
    3.
    Number of species corresponding
    to the three classes developed for the
    Critical Trend Assessment Program’s
    Ephemeroptera, Plecoptera, and
    Tricoptera data.
    Table 4.
    Class scores for mussel species richness ratings
    based on
    expectations
    according to drainage and
    stream
    size.
    Table
    5.
    The
    number of
    datasets contributing to final diversity ratings.
    Table 6.
    Examples of calculating diversity
    scores.
    Table 7.
    The number of sites from each dataset used
    to calculate
    integrity ratings.
    Table
    8.
    Class scores for mussel single
    sample intactness percentages based on
    expectations according to drainage
    and stream size.
    Table 9.
    Class scores for mussel historical intactness
    percentages based
    on
    expecatations according
    to drainage and stream size.
    Table 10. The number of datasets contributing
    to
    final
    integrity ratings.
    Table 11.
    Examples of calculating integrity
    scores.
    Table 12. The
    underlying qualifications
    for designation
    as a
    biologically significant
    stream (BSS).
    List
    of
    Figures
    Figure 1.
    Distribution of diversity scores
    and corresponding letter ratings.
    Figure 2.
    Geographic distribution of diversity ratings.
    Figure 3.
    Distribution of integrity scores and
    corresponding letter ratings.
    Figure 4.
    Geographic distribution of integrity
    ratings.
    Figure
    5.
    Geographic distribution of biologically significant
    streams.
    Appendix
    Appendix A. List
    of threatened and endangered
    species included in stream ratings.
    iv

    Introduction
    C
    omprehensive
    statewide biological,
    chemical,
    and physical
    information
    associated with
    streams in Illinois has
    been
    routinely
    collected since 1980
    through a
    partnership
    between
    the Illinois Department
    of Natural Resources
    (IDNR) and the Illinois
    Environmental
    Protection Agency
    (IEPA;
    Bertrand
    et
    al. 1996).
    This
    partnership was
    established
    in order to assess
    fish and
    macroinvertebrate
    communities,
    water
    quality
    and habitat throughout
    major basins
    of Illinois.
    In 1984,
    a
    Biological
    Stream
    Characterization
    (BSC) Work Group was
    convened
    to create a mechanism
    for
    interpreting
    data collected as part of the
    interagency Basin Survey Program,
    and “to
    provide managers
    an overall prospective of
    the state’s stream resources”
    (Hite and
    Bertrand 1989). The
    BSC Work Group
    developed stream ratings
    using letter grades
    “A” through
    “E”, thereby establishing
    a
    means
    of communicating the
    quality of biological
    resources in streams to diverse stakeholders.
    At the time the BSC Work Group
    began, the
    fish-based
    Index of
    Biotic
    Integrity (IBI) was
    recently developed, and it
    became the
    predominant stream integrity indicator used
    for rating streams (Hite and Bertrand 1989).
    In
    recognition of the need
    to also protect
    other stream-dependent organisms in the
    state, the
    Illinois Natural
    History
    Survey
    (INHS) developed a list of Biologically
    Significant Streams (BSS) that incorporated
    data on
    mussel
    communities and rare
    species (endangered, threatened, watch list)
    of crustaceans,
    fish,
    mussels, and aquatic
    plants
    in addition to stream
    segments rated
    as “A” by the initial
    BSC
    (Page et al. 1992).
    The
    goal of the BSS project
    was to protect
    100% of the
    stream-dependent
    biodiversity
    thus a
    stream with characteristics
    that
    met
    any one of
    the
    established criteria could
    achieve status as a BSS (Page
    et
    al. 1992).
    Despite the lack of regular
    updates, the BSC
    and BSS processes generated products
    that
    are still
    used extensively by diverse
    stakeholders including state and federal
    agencies,
    local
    watershed
    groups,
    consultants, environmental interest
    groups,
    and municipalities.
    In
    2006,
    the IDNR
    initiated an effort
    to
    combine and
    update
    the previous
    stream
    rating efforts
    into
    a single rating. The purpose
    behind the project was
    not only to update
    outdated information (i.e., the existing ratings
    were
    based
    on
    data at least 15 years old)
    but
    to
    create a rating system that would
    help
    resource mangers
    determine
    efficacy in
    implementing the aquatic goals of the Illinois
    Wildlife Action
    Plan (State of Illinois 2005). To
    be most useful in evaluating and guiding
    implementation of the Wildlife Action Plan,
    IDNR sought
    a
    single rating for stream
    segments that represented multiple signals
    of stream condition. This
    intent was similar
    to the “overall prospective” identified
    by
    Hite
    and Bertrand (1989).
    Although the main
    purpose behind stream ratings has changed
    since the creation
    of BSC and BSS, several
    other objectives for the development
    and use
    of ratings remain. These include:
    °
    Facilitate planning and prudent
    allocation
    of State resources in IDNR monitoring
    activities;
    Inventory
    and identify the nature, extent,
    and distribution of Illinois
    stream
    resources;
    Establish
    a
    common vehicle for the
    interpretation, assessment, and
    communication
    of aquatic resource
    1
    values;
    Identify
    stream segments exhibiting
    a
    high potential for resource
    management
    or restoration
    activities;

    Focus greater emphasis
    on
    the
    importance of uncommon
    aquatic biotic
    resources
    and an
    awareness of where
    these resources
    exist.
    Since BSC and
    BSS were developed,
    the
    quantity
    and quality
    of
    aquatic
    data and
    assessment
    tools has increased.
    For
    example,
    multi-metric
    indices
    have
    been
    developed
    for benthic macroinvertebrates
    (Tetra Tech, Inc. 2007)
    and mussels
    (Szafoni
    2002),
    and revised for
    fish (Smogor 2000).
    Further,
    the Basin
    Survey
    Program,
    which
    assesses
    fish and macroinvertebrate
    communities,
    has
    continued.
    These
    available
    indices
    and data presented
    new opportunities
    to
    create
    a
    rating
    that reflects how
    different
    taxonomic groups can
    respond dissimilarly
    to
    shared stream
    conditions
    because of
    differences in
    life-history, mobility,
    and
    sensitivities
    to
    stressors
    (Paller 2001).
    Specifically
    in this project we
    used fish,
    macroinvertebrate,
    and
    mussel information
    because
    these taxa reflect steam
    conditions
    at
    different spatial
    and
    temporal scales
    (Diamond
    and
    Serveiss
    2001, Freund and
    Petty
    2007,
    Kilgour
    and Barton 1999,
    Lammert
    and Allan 1999).
    For instance, due
    to their limited
    mobility, typically shorter
    life
    spans,
    and association
    with stream
    substrate,
    macroinvertebrates
    may
    be
    indicators
    of local and
    more recent stream
    conditions
    (Freund and Petty
    2007),
    whereas
    fish may
    be
    better
    indicators of regional
    conditions
    because
    they have greater
    movement capabilities
    and longer life
    cycles.
    Mussels,
    due to
    their limited dispersal
    as
    adults, may
    also indicate local conditions,
    but
    due
    to longer life spans
    may reflect historic
    stressors related
    to
    specific
    areas
    (Diamond
    and Serveiss
    2001).
    By incorporating various
    taxonomic
    groups
    and
    averaging
    standardized
    taxonomic
    scores,
    we
    generated
    an overall rating
    for stream
    segments that is
    representative
    of multiple
    signals
    of stream conditions.
    This report
    describes an
    approach that results
    in
    assigning
    up to
    three designations for
    a
    stream segment,
    which are
    a
    diversity
    rating,
    integrity
    rating,
    and identification
    as
    a
    biologically
    significant stream.
    2

    General Approach
    for
    Diversity
    and
    Integrity
    Ratings
    s
    everal purposes of the
    previous BSC and
    BSS
    processes overlapped between the
    two inWatives. Both
    had objectives to identify
    the extent of Illinois
    stream resources, to
    identify stream segments of exceptional
    quality and
    to
    focus
    protection efforts toward
    uncommon
    resources
    or
    biologically
    significant
    streams (Bertrand et al. 1996,
    Page et al. 1992). However, the two initiatives
    differed
    in their overall
    intent to rate a stream’s
    biological diversity (Page
    et
    al. 1992) or
    biological integrity
    (Bertrand et al. 1996; Hite
    and Bertrand 1989). For the purposes of
    implementing Illinois’ Wildlife
    Action
    Plan,
    IDNR sought a rating system that would
    include both diversity and integrity measures.
    Although the approach
    to
    obtain the diversity
    and integrity ratings is similar, we have not
    directly combined the two ratings for an
    overall rating. Diversity and integrity ratings
    were kept separate because it is possible to
    have
    highly intact
    communities that are
    not
    biologically very diverse.
    For instance,
    species richness expectations for
    small or
    cold-water streams are expected
    to be
    low
    compared with larger or warmer streams.
    Therefore, it is possible
    to
    have
    a
    small
    stream that would rate high for integrity but
    low for
    diversity. Additionally, keeping the two
    ratings
    separate enables stakeholders with
    different purposes to consider the rating
    that
    is most
    applicable
    to
    their needs. The letter
    ratings of A-E were maintained for both the
    diversity and
    integrity ratings
    as
    these
    designations were used in the previous BSC
    revision.
    Given the
    change in focus and
    use
    for this
    project
    from
    previous
    stream ratings,
    we
    considered
    several
    aspects
    of the previous
    rating processes
    and
    modified the process
    accordingly. Because multiple data sources
    are
    used to
    generate
    a
    rating, there was
    a
    need to standardize data from different
    sources in an
    effort to give equal weight to all
    communities of organisms found in
    streams if
    adequate and comparable sampling had
    occurred.
    Second, we sought a data driven
    and reproducible process that did not include
    narrative information
    (see Hite and Bertrand
    1989 and Bertrand et al. 1996 for an
    explanation of how narrative information
    was
    used previously). Third, we envisioned
    a
    product that could
    be
    easily
    updated as new
    information became available.
    The general approach for obtaining a
    diversity or integrity
    rating
    is
    a
    six
    step
    process:
    1. Select data for inclusion in the rating.
    2.
    Convert
    raw data to a class score.
    3.
    Standardize classes
    into a proportional
    score (P score).
    4. Average the proportional scores within
    a
    given taxonomic group
    to
    obtain
    a
    single
    taxonomic score (T score).
    5. Average proportional
    and/or
    taxonomic
    score for multiple sites on a valley
    segment.
    6. Determine the final diversity and/or
    integrity
    rating
    for a valley segment.
    3
    We
    considered all the information that
    contributed
    to both integrity and diversity
    ratings in order
    to
    identify Biologically
    Significant Streams (BSS). Similar
    to
    the
    initial BSS effort, we incorporated
    multiple
    datasets and identified streams based
    on
    available taxonomic groups rather
    than
    relying on the fish
    data as the primary stream
    integrity indicator.
    However, unlike
    the
    additive approach of the
    original
    BSS
    that
    identified
    all reaches with appropriately high

    threatened
    and endangered
    species
    presence
    regardless of
    what other
    available
    information
    may have indicated,
    the current
    process uses a
    holistic approach
    that
    combines
    data sources
    to determine if
    the
    biologically significant
    stream designation
    is
    appropriate.
    Fish, mussel,
    macroinvertebrate, crayfish,
    and threatened
    and endangered
    species
    data
    collected
    by
    various
    state agencies
    were
    used
    for stream
    ratings.
    All datasets were
    overlaid on the
    1:100,000— scale, National
    Hydrography
    Dataset
    (NHD; USGS 2000)
    that was
    refined for a previous
    project
    (Holtrop
    and
    Dolan 2003).
    Point
    locations
    of
    data
    that were greater than
    60m from
    the
    nearest digitized stream
    line
    were
    visually
    inspected
    using an overlay
    of aerial images
    to
    determine if
    the
    point was
    associated
    with a
    large river or a small
    stream that was
    not
    digitized.
    Points
    that
    were
    associated with
    large rivers and
    undigitized streams
    were
    separated into a
    different
    file and
    omitted
    from further
    analysis. Points that
    did not fall
    into
    either of
    these
    categories
    were further
    investigated
    to determine if therewas
    an error
    with the spatial coordinates.
    Errors were
    remedied
    where possible,
    and points that
    could not
    be
    corrected
    and
    still fell
    greater
    than 60m from the
    nearest stream were
    omitted.
    Point
    data
    or
    sampling
    sites
    for the final
    ratings were
    summarized according
    to valley
    segment.
    Valley segments
    are aggregations
    of linearly
    adjacent, physically
    similar
    stream
    reaches (Seelbach
    et
    al. 1997).
    Physical
    characteristics
    used
    to define
    valley
    segments
    were
    related to stream
    size
    (drainage
    area),
    surficial geology
    (bedrock,
    coarse
    substrates),
    discharge
    (flow
    yieId)
    and
    gradient.
    Valley
    segments were
    independently
    derived prior
    to
    this
    project
    using
    a spatially-constrained
    clustering
    method based
    on
    the
    duster affinity
    search
    technique (Brenden
    et al. 2008).
    Valley
    segment
    numbers were assigned
    to datasets
    through
    a spatial join in
    ArcMap
    9.2.
    Datasets
    were then associated
    with each
    other for
    calculation of
    the
    final
    rating
    according to valley
    segment number in
    a
    query
    performed in Microsoft
    Office
    Access
    2003.•
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    Diversity
    Ratings
    Background
    j
    iversity simply
    defined is the number
    of
    -‘
    different
    kinds of things
    (Angermeier and
    Karr 1994) or the variety
    of life
    and its
    processes
    (Hughes
    and
    Noss 1992).
    Although diversity
    can be
    represented
    mathematically
    using
    summary indices
    or a
    simple species
    number, we
    chose to consider
    it
    more broadly as
    the variety
    of
    taxa within
    several
    important
    aquatic
    groups
    (e.g.,
    mussels,
    fish,
    macroinvertebrates,
    and
    crayfish).
    In December
    2006, project
    stakeholders
    met and discussed
    the
    appropriateness
    of available
    datasets
    for
    inclusion in
    the diversity
    analysis.
    We
    considered data
    collected within
    the past
    decade
    (1997-2006) that
    were collected
    as
    part of IDNR,
    IEPA,
    or INHS
    monitoring
    programs.
    We
    limited
    data
    to
    these
    institutions
    to
    ensure
    that
    collection methods
    were
    standardized,
    repeatable, and
    will
    be
    continued
    in
    the future
    so that data will
    be
    available
    for revisions of these
    ratings.
    Approach
    The
    general
    approach
    for obtaining
    diversity rating
    is
    a six step
    process.
    Step
    1.
    Select data
    for
    inclusion into the
    rating.
    We considered
    only
    data that were collected
    within the
    past decade. However,
    if
    a
    single
    site
    had more than
    one sample from
    the past
    decade,
    we used
    the
    sample
    with
    the highest
    richness
    for inclusion in the
    final rating
    calculation.
    We
    used this approach
    rather
    than
    taking the most recent
    sample
    or
    an
    average
    of
    the samples because
    the highest
    richness
    represents
    a
    conservative
    estimate
    of the biological
    potential for
    the
    site
    and this
    approach
    accounts
    for variation that may
    occur
    with
    sampling. Additionally,
    we did not
    average
    the data from multiple
    samples
    since
    the average could
    represent a condition
    that
    had
    not been found
    at
    the
    site.
    The following
    data were
    used in the final diversity
    ratings.
    Fish
    — Fish
    data
    from
    community samples
    taken
    as part of
    cooperative basin surveys
    and other
    department
    monitoring were
    provided by the IDNR.
    These
    data were
    reviewed
    by regional IDNR
    stream biologists
    for verification
    that
    the samples
    were
    representative
    of community
    samples
    with
    adequate sampling
    efficiency.
    The species
    richness metric
    was retrieved
    from the Index
    of
    Biotic Integrity
    (IBI; Smogor 2000)
    summaries
    and was used as
    a component of
    the diversity rating. A
    total of 731 sites
    were
    used
    in the diversity
    score
    analysis (Table
    1).
    There were fewer
    sites with
    fish
    species
    richness
    than fish IBI
    scores
    since
    the
    individual metrics
    scores
    used
    to
    calculate
    the fish IBI were not
    always
    available.
    Table 1. The number of
    sites from each
    dataset used
    to calculate diversity
    ratings.
    Potential
    Data
    Source
    Number ofSites
    Fish Species Richness
    731
    Macroinvertebrate Taxa Richness
    452
    CTAP EPT Species
    Richness
    179
    S1S2 EPT
    Species
    Richness
    104
    Mussel
    Species Richness
    596
    Crayfish
    Species Richness
    18
    Threatened and
    Endangered Species Richness
    413
    Total
    2493
    a
    5

    Aquatic Macroinvertebrates
    — Data
    for aquatic
    macroinvertebrates
    were
    compHed
    from three different
    entities.
    Macroinvertebrate
    Taxa Richness
    First, benthic
    macroinvertebrate
    data were
    compiled
    from the IEPA
    in Springfield. These
    data
    were collected following
    protocols
    established
    for
    use
    in the Stream Condition
    Index
    (Tetra Tech, Inc. 2007),
    but referred to
    as the
    Macroinvertebrate
    Index of
    Biotic
    Integrity (MIBI) in
    this report.
    The taxa
    richness
    metric
    was retrieved from
    the MIBI,
    and a total of 452
    sites were used for the
    final
    diversity
    score analysis (Table
    1).
    Critical
    Trends
    Assessment Program
    (CTAP)
    Second,
    Ephemeroptera
    (may11 ies),
    Plecoptera
    (stoneflies), and
    Tricoptera
    (caddis flies;
    EPT)
    data that
    were
    collected
    since 1997 as
    part of CTAP
    (http://ctap.inhs.uiuc.edu/index.asp)
    were
    obtained.
    Although the MIBI
    contains an EPT
    richness
    metric, the
    CTAP
    data
    were
    used
    because these
    data
    were collected in
    the
    spring
    of the year
    prior
    to the emergence of
    many
    of these
    species and also typically
    on
    smaller streams than
    those included in the
    IEPA
    sampling.
    A total of 179 sites
    were
    used
    for the
    final diversity
    score
    analysis (Table
    1).
    S1S2EPT
    Third,
    we included
    information
    on sensitive
    Ephemeroptera,
    Plecoptera, and Tricoptera
    data
    provided
    by
    Dr. Ed
    DeWalt (INHS).
    These
    data
    were included because
    currently
    no
    EPT
    species are listed
    as endangered
    or threatened
    by
    the
    Illinois
    Endangered Species
    Protection Act
    (http
    ://dnr.state.il.us/espb/datelist.htm),
    although some
    species within these
    orders
    have
    been
    identified
    as
    critically
    imperiled
    (Si) or imperiled
    (S2) at the state
    level by an
    INHS
    entomologist
    (DeWalt
    et
    al. 2005,
    Favret
    and DeWalt 2002).
    S1S2
    refers
    to
    conservation
    status
    ranks used
    by
    NatureServe
    (http://www.natureserve.org/).
    A total of 104
    sites were used for
    the final
    diversity
    score analysis
    (Table
    1).
    Mussels
    Mussel data were obtained
    from
    the INHS
    mollusk
    collections
    database
    (http:llwww.inhs.uiuc.edu/cbd/collections/moIl
    usk/molluskintro.html)
    and I
    DN
    R.
    Records
    associated
    with freshwater
    snails, fingernail
    clams,
    zebra mussels, and
    Asian clams
    were
    not included, as
    well as any records
    not
    associated
    with stream
    habitat.
    In order
    to
    query data that
    were representative
    of
    community
    samples,
    we
    restricted
    our
    data
    to a list of
    collectors’ names obtained
    from
    Kevin
    Cummings,
    the
    INHS
    malacologist and
    mussel
    database manager.
    A total of 596
    sites were
    used
    for
    the final diversity score
    analysis
    (Table 1).
    Crayfish — Native
    crayfish
    data
    were
    obtained from the
    INHS crustacean
    6
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    * * * * * PCB 2010-003 * * * * *

    collection
    database
    (http:I/
    www.inhs.uiuc.edu/cbd/collections/c
    rustacean/crustaceanintro.html).
    Despite
    the
    lack of
    systematically
    collected
    crayfish
    data
    across
    the
    state,
    we included
    crayfish
    in
    a limited
    capacity
    in the
    final
    diversity
    ratings
    because
    they
    are
    abundant in
    Illinois
    streams
    and
    we
    anticipate
    that
    additional
    collections
    will
    be available
    for
    future
    updates
    of stream
    ratings.
    A
    total
    of 18
    sites
    were
    used
    for
    the
    final
    diversity
    score
    analysis
    (Table
    1).
    Threatened
    and
    Endangered
    Species
    Data
    on threatened
    and
    endangered
    (T&E)
    fish,
    mussel,
    crayfish,
    amphibian,
    and
    plant
    species
    (see
    Appendix
    A
    for
    species
    lists)
    were
    extracted
    from
    the
    Biotics
    Database
    maintained
    by
    the
    IDNR
    Office
    of
    Resource
    Conservation,
    Division
    of
    Natural
    Heritage.
    A
    total
    of
    413 sites
    with
    T&E
    species
    were
    used
    for the
    final
    diversity
    score
    analysis
    (Table
    1).
    Step
    2.
    Convert
    raw
    data
    to
    a class
    score.
    comparable
    sampling
    had
    occurred.
    To
    do
    this,
    we
    developed
    classes
    for
    each
    dataset
    used
    in the
    analysis
    in
    an
    attempt
    to
    interpret
    raw
    data
    from
    different
    sources
    and
    classify
    it
    similarly.
    Classes
    were
    independently
    developed
    for
    each
    dataset
    using
    each
    sample
    collection
    as an
    independent
    record
    rather
    than
    pooling
    samples
    from
    a single
    site.
    For
    example,
    if
    one
    site had
    multiple
    samples
    collected
    between
    1997-2006,
    then
    each
    sample
    was
    treated
    as
    an
    independent
    record
    for the
    purpose
    of
    creating
    the
    class
    scores.
    Therefore,
    richness
    expectations
    were
    based
    on the
    number
    of
    species
    you
    would
    expect
    to
    find
    in
    a single
    sampling
    event.
    Once
    the
    classes
    were
    established,
    only
    the
    sample
    that
    had
    the
    highest
    richness
    from
    each
    site
    was used
    to
    calculate
    the
    final
    diversity
    rating.
    Fish
    Species
    Richness
    The
    fish
    species
    richness
    metric
    was
    retrieved
    from
    the
    Index
    of
    Biotic
    Integrity
    (lBl;
    Smogor
    2000)
    summaries
    and
    was
    used
    as
    a
    component
    of
    the diversity
    rating.
    We
    used
    the
    classes
    developed
    for
    IBI because
    they
    accounted
    for
    variation
    in
    fish
    species
    One
    of the
    objectives
    for this
    project
    was
    to
    give
    equal
    weight
    to
    all communities
    of
    organisms
    found
    in
    streams
    if
    adequate
    and

    richness expectations
    across
    different sized
    streams, slope,
    and region. We maintained
    these
    classes with a single
    modification. In
    the IBI, fish richness
    metric
    scores
    range
    from
    0-6.
    Because the “0”
    does not represent
    a
    true absence
    of fish, we
    added
    “1”
    to each
    class thereby resulting
    in class scores from
    1-7.
    Macroinvertebrate
    Taxa
    Richness —
    The MlBl
    did not have classes
    associated
    with
    individual
    metrics;
    however
    the
    availability
    of least-disturbed
    samples
    provided
    the opportunity to define
    classes for
    macroinvertebrate
    taxa
    richness
    by using the
    same
    approach
    that was
    used to define
    classes for individual
    metrics within
    the fish
    IBI (Smogor 2000).
    The top class
    for
    taxa
    richness was
    set at the 75th percentile
    of
    reference sites.
    Using this approach,
    taxa
    richness values
    for MIBI
    ranged from
    0
    to 35+
    and were placed
    into seven
    classes
    (Table
    2).
    Data were not
    further stratified
    by stream
    size
    or
    location because
    previous
    analysis
    determined that
    neither
    affected
    taxa
    richness
    expectations (Tetra
    Tech, Inc.
    2007).
    Table 2.
    Number of
    taxa corresponding
    to each class
    in
    the
    Macro-invertebrate
    Index of Biotic
    Integrity (Tetra Tech,
    Inc. 2007).
    Class
    Score
    Taxa Richness
    7
    35+
    6
    31-34
    5
    25-30
    4
    19-24
    3
    13-18
    2
    7-12
    1
    0-6
    CTAP EPT
    Species
    Richness
    — In
    order
    to
    maintain similarity across
    data
    sources, we used
    the 90th percentile
    as the
    boundary
    for the highest
    class
    for
    datasets
    that were not developed
    with a
    reference site
    approach
    (i.e.,
    mussels,
    CTAP
    EPT
    macroinvertebrates,
    Si S2
    macroinvertebrates,
    crayfish,
    and
    threatened
    and
    endangered
    species).
    Our
    rationale
    was that by
    raising the standard
    for
    the top class for these
    datasets to at
    least
    the 90th percentile,
    the highest class
    would
    be
    similarly
    restrictive
    as
    the
    datasets
    that
    did
    have reference
    site
    data
    available.
    Using the
    90th
    percentile
    as the cut
    for the
    top
    class,
    three
    classes were created
    (Table 3).
    Table
    3. Number
    of
    species
    corresponding to the three
    classes
    developed
    for
    the Critical Trend
    Assessment Program’s Ephemeroptera,
    Plecoptera,
    and
    Tricoptera data.
    The species
    from the
    three orders are considered
    together.
    Class
    Percentile
    Number
    of Spedes
    1
    <50th
    1-8
    2
    SOth-89th
    9-18
    3
    9Oth+
    19+
    Mussel
    Species
    Richness — A mussel
    species richness
    of ten species
    or greater
    was
    previously
    used to
    identify BSS (Page
    et
    al. 1992)
    and was also used
    as the threshold
    for
    defining the highest
    classification for
    the
    species richness
    factor
    in
    the Illinois
    Mussel
    Classification
    Index (Szafoni 2002;
    MCI).
    However,
    we investigated
    the relationship
    among mussel
    species richness
    across
    different
    sized
    streams
    defined
    by
    steam link
    (Shreve
    1967) within different
    drainages and
    subsequently
    adopted
    new class scores
    based
    on our analysis.
    Three classes were
    developed for
    mussel
    species richness
    expectations for each
    of the major
    drainages
    based
    on the
    percentiles within three
    stream
    size groupings
    of the tributary streams
    and
    the mainstem
    (Table
    4).
    Class
    one
    consisted
    of samples
    that were below average
    richness
    within
    the drainage
    (0-49th
    percentile), class
    two were
    above average samples
    (50-89th),
    and class three
    were exceptionally high
    scoring
    samples (90th
    percentile
    and
    above
    (Table 4)).
    Bonus
    Points —The
    final diversity rating
    also
    integrates information
    about
    taxa
    that
    8
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    * * * * * PCB 2010-003 * * * * *

    Table
    4.
    Class scores for mussel
    species
    richness
    values based
    on expectations according
    to
    drainage and stream
    size. Stream size is defined
    by link
    number, which is the number of first order streams based
    on the
    1:100,000
    National
    Hydrography
    Dataset
    (NHD) upstream of
    a
    given stream reach. Link codes refer to
    groupings
    of link numbers.
    Class 1
    Class 2
    Class 3
    Stream Size
    Drainage
    (<50th
    peitentile)
    (50th - 90th
    percentile)
    (90th
    percenifie
    ÷)
    Small
    (link code 1)
    Illinois
    <3
    3-7
    8+
    Mississippli
    <2
    2
    -5
    6+
    Ohio
    1
    2
    3+
    Wabash
    <3
    3-8
    9+
    Medium
    (link
    code
    2-3)
    Illinois
    <5
    5- 11
    12+
    Mississippli
    <5
    5-10
    11+
    Ohio
    <2
    2-3
    4+
    Wabash
    <5
    2-10
    11+
    Large
    (l.inkcode4-6)
    Illinois
    <5
    5-11
    12+
    Mississippli
    <7
    5-11
    12+
    Ohio
    <2
    2-5
    6+
    Wabash
    <6
    6-13
    14+
    Mainstem
    (Linkcode7)
    Illinois
    <9
    9-10
    11+
    Mississippli
    <15
    15-20
    21+
    Ohio
    <6
    6-13
    14+
    Wabash
    <3
    3-9
    10+
    were deemed important due to their rarity.
    The SI S2 EPT, Crayfish, and
    T&E datasets
    had
    a
    limited range of data and subsequently
    were used
    differently in the final ratings
    than
    other fish, macroinvertebrate, and mussel
    data
    described previously. The
    rationale for
    this is
    described in
    steps
    4 and 6 below.
    Class scores for these three datasets
    were
    based on percentiles, but
    were adjusted in
    weight based on how these data were added
    to
    the diversity rating.
    Step 3.
    Standardize classes into a
    proportional score (P score).
    All class
    scores range from “1” to a greater
    number with the greatest number
    always
    representing the
    highest class. In this step,
    we
    divided the assigned class score by the
    total number
    of classes available to obtain a
    proportional score (P score), which has a
    maximum
    of I. For example,
    a
    site that had
    26
    macroinvertebrate taxa
    falls in class 5,
    which equates to a P score of 5/7 (0.714).
    Proportional scores
    were used to
    standardize
    differing numbers of classes among
    variables.
    Step 4. Average the proportional scores
    for
    the
    three
    different
    macroinvertebrate datasets in
    order
    to obtain a single
    taxonomic
    score (T score).
    When multiple
    datasets
    (i.e., taxa richness
    from MIBI, EPT richness from
    CTAF
    and
    S1S2 EPT species) were available for
    macroinvertebrates,
    the average
    of
    the
    proportional scores was
    used
    to
    determine
    the taxonomic score (i.e., macroinvertebrate
    taxonomic score). Creating
    a
    taxonomic
    score allowed us to include information
    derived from separate assessments into
    a
    combined signal for macroinvertebrates.
    However, we averaged all available
    macroinvertebrate
    information
    into
    a
    9
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    taxonomic
    score rather
    than keeping
    the
    datasets
    separate
    and
    averaging
    them all into
    a
    final
    score in order
    to
    give
    equal weight
    to
    fish, macroinvertebrates,
    and
    mussels
    in the
    final
    diversity rating.
    SIS2 EPT
    data
    were
    added
    to the
    macroinvertebrate
    taxonomic
    score
    as
    bonus
    point
    data
    rather
    than averaged
    into the
    taxa
    score in order to ensure
    that the
    presence of
    these sensitive
    taxa always
    improved
    a
    stream rating.
    The maximum number
    of
    bonus
    points was awarded
    to samples with
    three
    or more species
    as this corresponds
    to
    the 90th
    percentile for
    the
    number
    of
    species
    found per sample.
    Samples
    with 1-2 species
    were awarded half
    the maximum.
    The
    diversity
    score prior
    to adding bonus
    points is based
    on the average
    of the
    macroinvertebrate
    taxonomic
    score,
    the
    fish proportional
    score
    and the
    mussel
    proportional
    score. Since
    the
    macroinvertebrate
    taxonomic
    score is
    potentially 1/3 of
    the overall diversity
    score,
    and
    SIS2 EPT potentially
    contribute
    1/3 to the
    macroinvertebrate
    taxonomic
    score, the
    SIS2 EPT
    data potentially
    contribute
    1/9th (0.11) of the
    pre-bonus
    points diversity
    score.
    We
    therefore,
    assigned
    0.11 for
    samples
    with
    3+ and
    0.055
    for
    1-2 species.
    Some valley segments
    had SI S2
    EPT data
    available but lacked
    other macroinvertebrate
    data.
    In
    these
    cases we
    added the bonus
    points after the
    fish and mussel taxonomic
    scores
    had been averaged
    (Step
    5).
    However,
    since the
    data were
    added at
    a
    different
    point
    in the
    process, the bonus
    points
    were
    divided
    by
    three
    since
    they would
    contribute
    to
    a third
    of the diversity score prior
    to
    the T&E and
    Crayfish
    bonus points being
    added.
    Therefore, for
    valley
    segments
    without
    other macroinvertebrate
    data,
    0.037
    was added
    when there
    were
    3+
    species and
    0.018
    for samples
    with 1-2
    species.
    Step
    5.
    Average
    proportional and/or
    taxonomic score for
    multiple sites
    on a valley segment
    When
    multiple sites were associated
    with
    a
    particular valley segment
    within
    a
    dataset,
    the
    average
    of these proportional
    or taxonomic
    (for macroinvertebrates)
    scores was
    used
    to
    calculate the final diversity
    score. An average
    from the different
    sites was used
    rather than
    considering
    the
    highest
    proportional
    score
    from
    the valley segment
    since conditions
    within
    the
    stream segment
    may vary between
    sites
    and an average
    for the
    whole
    valley
    segment was
    a
    better representation
    than
    the
    signal
    from a single
    site.
    Step 6.
    Determine
    the
    final diversity rating
    for
    a valley
    segment
    The final
    diversity score is
    based
    on
    five
    potential data
    sources: average of
    the fish
    proportional
    scores available
    for the valley
    segment,
    average of the mussel
    proportional
    scores
    available for the
    valley segment,
    the
    average
    macroinvertebrate
    taxonomic
    scores,
    as
    well
    as
    crayfish and T&E
    species
    richness.
    Threatened
    and
    EndangeredSpecies
    (T&E)
    Aquatic T&E
    data were added
    to the
    diversity
    score after
    the
    fish
    proportional
    scores,
    mussel proportional
    scores, and
    macroinvertebrate
    taxonomic scores
    have
    been
    averaged. Because
    T&E species were
    one of five potential
    values contributing
    to
    a
    final diversity rating,
    the 95th percentile
    of
    T&E values
    (i.e.,
    2+
    species) was
    awarded
    0.2(1/5) bonus
    points. Sites having oneT&E
    species
    were awarded 0.1 bonus
    points.
    The
    maximum
    points
    T&E species could
    add
    to a
    final
    diversity score was
    0.2, even if
    more
    than
    one sample
    for
    a
    given valley
    segment
    had
    2+ T&E species.
    10

    Crayfish
    Similarly
    to
    T&E
    species, crayfish are
    added
    as bonus points after
    available fish,
    macroinvertebrate,
    and mussel information
    had been averaged. However,
    bonus points
    for crayfish
    were only awarded
    to
    samples
    that had three
    or more species. Three or
    more
    species represented
    the
    95th
    percentile
    of available
    data and resulted in 0.1 bonus
    points.
    The final diversity score for a valley segment
    was calculated as:
    Diversity Score = average (average
    fish
    species
    richness P scores
    ÷
    average mussel
    species
    P
    scores
    +
    average macroinvertebrate T Scores)
    +
    threatened and endangered
    species
    bonus
    points
    +
    craysh bonus points, where P score =
    proportional score and T score = taxonomic
    score.
    I
    The cut-offs for the final diversity letter ratings
    were determined
    by visually inspecting the
    distribution of
    the diversity scores (Figure 1).
    We also attempted
    to
    have
    a
    similar
    percentage
    of valley segments within each
    letter category as the previous BSC projects.
    A total of 1127 valley segments were
    assigned
    a
    diversity
    rating of A-E (Figure 2).
    This
    represents 3% of the total 38046 valley
    segments that exist
    for the state of Illinois. Of
    the valley segments that were rated,
    the
    percentage with
    the assignment of the ratings
    A-E is
    13,
    22, 38, 25 and 1 respectively.
    While this procedure
    has been developed for
    assigning ratings using multiple
    datasets,
    approximately one half of the
    total
    valley
    segments that were rated had
    data
    available
    from only one
    dataset
    (Table
    5).
    Table
    5.
    Number of
    datasets contributing to final
    diversity ratings.
    Datasets
    Total Valley Segments
    1
    565
    2
    370
    3
    134
    4
    44
    5
    11
    6
    3
    Total
    1127
    250
    200
    J
    15
    o
    p100
    50
    0
    1)isüibution of Diversity Scores
    Figure 1. Distribution of diversity scores and corresponding letter rating. The percentage of
    valley segments
    with
    diversity
    ratings of A-E is 13, 22, 38, 25, and 1 respectively.
    E
    E
    000
    C
    C
    B
    ‘0.1-0.19 0.2-0.29
    0.3-0.39 0.4-0.49 0.5-0.59 0.6-0.69 0.7-0.79
    0.8-0.89
    Diversity Rating
    and Range in Score
    11

    Examples of Diversity Ratings
    To further illustrate the diversity process,
    we
    present several examples (Table
    6). In the
    first example,
    only one
    dataset is associated
    with the valley segment. The fish
    species
    richness
    is 15, which
    corresponds
    to a class
    score
    of
    5.
    To obtain the proportional
    score,
    5 is divided by the
    total number
    of classes;
    which is 7. Since there are no other
    datasets
    to
    average with the fish species
    richness, the
    final diversity score is the same as the
    fish
    proportional
    score. A final diversity
    score of
    0.714 equates to a
    letter rating
    of
    C.
    In the second example, data are available
    from three taxonomic groups. The
    fish
    species richness
    is 22, which
    equates to
    a
    class score of
    6 and a
    proportional score of
    0.857. The mussel species richness is 6,
    which
    equates to a
    class score of 2 and
    a
    proportional
    score of
    0.667.
    The
    macroinvertebrate taxa richness is 42, which
    equates to a class score
    of 7 and
    a
    proportional score of 1. The diversity score
    is determined by averaging
    these three
    proportional scores. The final score of 0.841
    corresponds
    to a
    letter rating of C.
    The third example has two sets of
    macroinvertebrate
    data as
    well as fish and
    mussel data. The fish species
    richness is
    10,
    equating
    to a
    class score of 3 and
    a
    proportional score of 0.429. The
    mussel
    species
    richness is 1,
    equating
    to
    a class
    Table 6.
    Examples of calculating
    diversity
    scores
    eWthtwonsd
    • Exarew
    rç4ethbo Eiew
    safrn
    a
    Exarç4ewiUi
    jrDTt
    noiete SIS2 EPTLms
    eia,geispec
    seda
    gzx
    ds
    Vä1’Seqnent
    21679
    39073
    37913
    3557
    44269
    FhSpRidrs
    15
    22
    10
    33
    Fhspiridriess dassscx
    5
    6
    3
    7
    Fishpolkinscxxe
    0.714(5(7)
    0.857(5(7)
    0.429(3’7)
    1 (717)
    MLsspesriciTiess
    6
    1
    1
    and 13
    MLsssdTsdssa
    2
    1
    1
    and 3
    Mt.ss pnprtbnsce
    0.667(2)3)
    0.333(113)
    0.667(aect0.33arI
    1)
    Maioëiertehatetaa rbTs
    42
    31
    40
    Maioie1ehtetaxa ñdnessdassscon
    7
    6
    7
    MaospWx&n4scoi
    1(7/7)
    0.857(5(7)
    1
    (717)
    CXi7.P EPrspedes ridness
    17
    20
    CLAP Eprspedes
    rriesscJssxxe
    2
    3
    C1P
    EPTsies richiess p0 lbn score
    0.667(213)
    1
    (3’3)
    S1S2EPtsçierthiess
    1
    S1S2EPtserkfr1esstcnJsph
    0.055
    Maoi1etdyotetaeyxnicsco4e
    1
    0.76
    1.055
    1
    Portrspcits[rsitysoDre
    0.714
    0.841
    0.51
    1.055
    0.889
    QMhes
    cMspies
    ssbis
    p
    Theaned ad Endageredspedes
    ridTeS5
    2
    TheateJ aid
    Eriia,ger&i species rk±ness
    0.2
    Lms peAls
    Fir s1yScore
    0.714
    0.841
    0.51
    1.055
    1.089
    DiesityRatir
    C
    B
    D
    A
    A
    12

    score
    of
    I and
    a
    proportional
    score
    of 0.333.
    The
    macroinvertebrate
    taxa
    richness
    is
    31
    equating
    to
    a
    class
    score
    of
    6 and
    a
    proportional
    score
    of 0.857.
    The
    CTAP
    EPT
    species
    richness
    is
    17
    equating
    to
    a
    class
    score
    of
    2
    and
    a
    proportional
    score
    of 0.667.
    Before
    the
    diversity
    score
    can
    be
    calculated,
    available
    macroinvertebrate
    data
    are
    combined
    into
    a
    taxonomic
    score.
    The
    macroinvertebrate
    taxonomic
    score
    is determined
    by
    averaging
    the
    macroinvertebrate
    taxa
    richness
    proportional
    score
    and
    the
    CTAP
    EPT
    proportional
    score.
    The
    final
    diversity
    score
    (0.51
    with
    a
    diversity
    rating
    of D)
    is
    calculated
    by
    averaging
    the
    fish
    and
    mussel
    proportional
    scores
    and
    the
    macroinvertebrate
    taxonomic
    score.
    The
    fourth
    example
    also
    has
    two
    datasets
    available
    for
    macroinvertebrates.
    However,
    one
    of the
    datasets
    is
    Si S2
    EPT
    bonus
    data.
    The
    CTAP
    ETP
    species
    richness
    is
    20,
    which
    represents
    a
    class
    score
    of
    3
    and
    a
    proportional
    score
    of
    1.
    There
    is
    one
    Si
    S2
    EPT
    species
    associated
    with
    the
    valley
    segment
    that
    is awarded
    0.055
    bonus
    points.
    The
    macroinvertebrate
    taxonomic
    score
    is
    therefore
    the
    CTAP
    EPT
    proportional
    score
    plus
    the
    SIS2
    EPT
    bonus
    points.
    Since
    no
    other
    data
    are
    available,
    the
    final
    score
    is
    equal
    to
    the
    macroinvertebrate
    taxonomic
    score
    (1.055
    with
    a
    diversity
    rating
    of
    A).
    The
    final
    example
    illustrates
    the
    procedure
    for
    dealing
    with
    valley
    segments
    that
    may
    have
    more
    than
    one
    sampling
    site
    associated
    with
    them
    and
    for
    calculating
    a
    final
    diversity
    score
    using
    threatened
    and
    endangered
    species
    bonus
    points.
    The
    fish
    species
    richness
    is 33
    equaling
    a
    class/metric
    score
    of
    7
    and
    a
    proportional
    score
    of
    1.
    There
    are
    two
    mussel
    sites
    associated
    with
    the
    valley
    segment
    with
    species
    richness
    of 1
    and
    13.
    These
    correspond
    to
    class/metric
    scores
    of
    1 and
    3
    respectively.
    To determine the
    final
    proportional
    score
    for
    the
    mussels,
    the
    average
    is
    taken
    of
    the
    two
    site
    proportional
    scores.
    The
    fish
    and
    mussel
    proportional
    scores
    are
    then
    averaged before
    bonus
    points
    are
    awarded.
    Two
    threatened
    and
    endangered
    species
    are associated
    with
    the
    valley
    segment
    equating
    to
    0.2
    bonus
    points.
    Once
    these
    are
    added
    to
    the pre-bonus
    point
    diversity
    score
    of
    0.889,
    the
    final
    diversity
    score
    is 1.089,
    which
    equals
    an
    A
    rating.
    G
    T
    13
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    * * * * * PCB 2010-003 * * * * *

    .W%
    B
    D
    E
    []
    County Boundaries
    Map
    of Diversity
    Ratings
    Figure
    2.
    Geographic
    distribution of diversity
    ratings.
    Three
    percent of all valley segments
    for Illinois
    have
    a
    diversity rating.
    Access to the diversity
    data associated
    with individual streams is
    available at:
    http://www.dnr.state.il
    .us/orc/BioStrmRatings/.
    C
    Diversity Ratings
    A
    ThI Oar and erSams
    14
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Integrity
    Ratings
    Background
    B
    iological
    integrity
    refers
    to a
    system’s
    wholeness
    (Angermeier
    and
    Karr
    1994) and
    the ability
    of a
    system
    to
    support
    organisms
    and
    processes
    comparable
    to
    natural
    habitat
    of the region
    (Hughes
    and Noss
    1992).
    Indices
    or
    assessment
    measures
    like
    the fish
    and
    macroinvertebrate Indexes
    of Biotic
    Integrity
    (Smogor
    2000,
    Tetra Tech,
    Inc.
    2007)
    measure
    how closely
    a
    test
    community
    resembles
    a natural,
    least-
    disturbed,
    or
    intact community
    (see
    Stoddard
    et aI. 2006
    for
    a
    discussion
    of
    these
    terms).
    Intactness
    for fish
    and
    macroinvertebrates
    was
    determined
    from
    the indices
    of
    biotic integrity
    in comparison
    to least
    disturbed
    or reference
    sites.
    Intactness
    for
    mussels
    was determined
    in
    comparison
    to
    historical
    species
    richness
    expectations
    for
    a
    site.
    In December
    2006,
    project
    stakeholders
    met and
    discussed
    the
    appropriateness
    of available
    datasets
    for inclusion
    in
    the
    integrity analysis.
    We
    considered
    data
    collected
    within the
    past
    decade
    (1997-2006)
    that were
    collected
    as
    part
    of IDNR,
    IEPA,
    or
    INHS monitoring
    programs.
    We
    limited
    data to
    these
    institutions
    to
    ensure that
    collection
    methods
    were
    standardized,
    repeatable,
    and
    will
    be
    continued
    in the future
    so that
    data
    will
    be
    available
    for revisions
    of these
    ratings.
    Approach
    The
    general
    approach
    for
    obtaining
    an
    integrity
    rating is a
    six
    step
    process.
    Step
    1. Select
    data
    for
    inclusion
    into the
    rating.
    We
    considered
    only
    data that
    were
    collected
    within
    the
    past
    decade.
    However,
    if
    a single site
    had
    more than
    one sample
    from
    the past decade,
    we used
    the sample
    with
    the highest
    value for
    inclusion
    in
    the
    final
    rating calculation.
    We
    used this
    approach
    rather
    than
    taking the
    most
    recent
    sample
    or
    an average
    of the
    samples
    because
    the highest
    value
    represents
    a
    conservative
    estimate
    of the
    biological
    potential
    for the
    site and this
    approach
    accounts
    for variation
    that may
    occur
    with sampling.
    Additionally,
    we
    did
    not average
    the
    data from
    multiple
    samples
    because
    the
    average
    could
    represent
    a
    condition
    that
    had not been
    found at
    the site. The
    following data
    were
    used
    in the final
    integrity
    ratings.
    Fish—
    Fish data
    from
    community
    samples
    taken
    as
    part of
    the
    cooperative
    Basin
    Survey
    Program
    and
    other
    department
    monitoring
    were provided
    by
    the IDNR.
    These data
    were
    reviewed
    by
    regional
    IDNR
    stream
    biologists
    to verify
    that the
    samples
    were
    representative
    community
    samples
    with
    adequate
    sampling
    efficiency.
    Fish
    Index
    of
    Biotic Integrity
    (lBl)
    scores from
    the compiled
    samples
    were used
    to calculate
    integrity ratings.
    A
    total
    of 744 sites
    with
    calculated
    Fish Index
    of Biotic
    Integrity
    (IBI; Smogor
    2000)
    scores were
    used
    in the
    final integrity
    score analysis
    (Table
    7).
    Table
    7.
    The number
    of sites from
    each
    dataset
    used
    to
    calculate integrity
    scores.
    lntegiity
    Dataset
    Number
    of Sites
    Fish IBI
    744
    Macroinvertebrate
    181
    452
    Mussel
    Classification
    Index
    134
    Mussel
    Single
    Sample
    Intactness
    329
    Mussel Historical
    Intactness
    366
    Total
    2025
    Aquatic
    Macroinvertebrates
    — Benthic
    macroinvertebrate
    data
    were
    compiled
    15

    from
    the IEPA
    in
    Springfield.
    These
    data
    were
    collected
    following
    protocols
    established
    for use in their
    Stream
    Condition Index
    (Tetra
    Tech, Inc.
    2007),
    referred
    to as
    the Macroinvertebrate
    Index
    of Biotic Integrity
    (MIBI)
    in this
    project. A
    total
    of 452 sites with
    total MIBI
    scores
    were
    used
    for
    the final
    integrity score
    analysis (Table 7).
    Mussels —
    Mussel
    data
    were obtained
    from the
    INHS mollusk collections
    database
    (http:llwww.inhs.uiuc.edu/cbd/collections/mol
    lusk/molluskintro.html)
    and IDN R. Records
    associated
    with
    freshwater
    snails,
    fingernail
    clams, zebra mussels,
    and
    Asian
    clams were
    not
    included,
    as well
    as any
    records
    not located in
    streams. In order
    to
    query
    data that
    were representative
    of
    community samples,
    we restricted our
    data
    to
    a list of
    collectors’ names obtained
    from
    Kevin Cummings,
    the INHS malacologist
    and
    mussel
    database manager.
    Three
    variables
    were used to determine
    integrity
    ratings for
    mussels:
    mussel
    community
    index
    (MCI), single sample
    intactness, and
    historical
    intactness.
    Freshwater
    Mussel
    Classificalion
    Index
    MCl)
    Data were obtained
    from Bob Szafoni
    (IDNR)
    for sites where
    the MCI has been
    calculated (Szafoni
    2002).
    The
    MCI
    is
    comprised of four
    metrics:
    species
    richness,
    abundance,
    presence
    of
    intolerant species,
    and
    recruitment
    (Szafoni
    2002).
    Each of these
    metrics
    is
    scored and
    the scores are then
    summed
    to
    determine an index
    score. Although the
    MCI
    is comprised of
    multiple
    metrics
    like
    the fish IBI and MIBI,
    it differs from these
    because
    the
    response of metrics
    included
    in MCI to human
    impacts
    in watersheds
    has
    not been considered
    as part of the
    MCI development.
    Because
    reference
    conditions
    were not
    used to evaluate
    metrics, the resulting
    MCI scores
    do not
    represent
    how far
    a
    sampled
    mussel
    community
    is from a natural or
    reference
    condition.
    Rather,
    they
    were selected
    to
    represent
    the characteristics
    of a healthy
    functioning community.
    Fundamentally
    this
    is
    different
    than
    the
    fish
    and
    macroinvertebrate
    IBIs, however
    we
    included the MCI
    in this project with
    the
    expectation
    that the index will be
    refined in
    the future and
    the availability of data
    will
    increase.
    A total of 134 sites
    were
    used for
    the final integrity
    score
    analysis
    (Table 7).
    Intactness
    One metric currently
    considered
    for
    inclusion
    into the MCI
    is community
    intactness, which
    is simply defined
    as the
    proportion of live
    species
    found
    at site
    to
    what is
    expected.
    Initial
    analysis
    suggested that
    the expected
    value
    increased
    with the number
    of samples
    available for
    a site.
    Therefore,
    we
    calculated
    both single
    sample and
    historical intactness
    values to account
    for
    different numbers
    of samples among sites.
    16

    Both
    intactness
    values were
    calculated
    for
    a site
    using
    the
    community
    sample from
    the past
    decade
    with the
    highest
    species
    richness
    of live
    mussel
    species
    divided
    by
    the total
    number of
    species
    including
    dead
    (dead
    and newly
    empty
    shells) and
    relict
    (old
    shells) specimens.
    For
    single sample
    intactness,
    the
    total number
    of species
    was
    from
    the single
    sample
    while
    for historical
    intactness
    it
    included
    all the species
    found
    at
    the site
    from all
    available
    samples.
    If
    both
    historical
    and single
    sample
    intactness
    were
    calculated
    for
    a
    site,
    then
    historical
    intactness
    was
    used in the
    final
    integrity
    ratings.
    A total
    of
    366
    historical
    intactness
    sites
    and
    329 non-overlapping
    single
    sample
    intactness
    sites
    were used
    for
    the
    final
    integrity
    score analysis
    (695
    total
    mussel
    sites,
    Table
    7).
    Step
    2. Convert
    raw data
    to a
    class
    score.
    One
    of the
    objectives
    for
    this project
    was
    to
    give equal
    weight
    to all communities
    of
    organisms
    found
    in
    streams
    if adequate
    and
    comparable
    sampling
    had occurred.
    To
    do this, we
    developed
    classes
    for
    each
    dataset
    used
    in the
    analysis
    in an
    attempt
    to
    interpret
    raw
    data from
    different sources
    and
    classify
    it similarly.
    Classes
    were
    independently
    developed
    for each
    dataset
    using
    each
    sample
    collection
    as
    an
    independent
    record
    rather than
    pooling
    samples
    from a
    single site.
    For example,
    if
    one
    site
    had
    multiple
    samples
    collected
    between
    1997-2006,
    then each
    sample
    was
    treated
    as
    an
    independent
    record
    for
    the purpose
    of creating
    the class
    scores.
    Therefore,
    integrity
    and
    intactness
    expectations
    were
    based on
    the
    number of
    species
    you
    would
    expect
    to
    find in
    a
    single
    sampling
    event.
    Once the
    classes
    were
    established,
    only
    the
    sample that
    had the
    highest value
    from
    each
    site was
    used
    to
    calculate
    the final
    integrity
    rating.
    Fish
    Index
    of Biotic
    Integrity
    The
    fish Index
    of Biotic
    Integrity
    (IBI;
    Smogor
    2000)
    scores
    were used
    as a
    component
    of the
    integrity
    rating.
    Because
    the lBI
    already
    had five
    integrity
    classes
    associated
    with the
    index (Smogor
    2005),
    we maintained
    these
    classes
    with
    little
    modification.
    In the IBl,
    the integrity
    classes
    ranged
    from one
    (best) to
    five
    (worst).
    We
    reversed
    the
    numbering
    of the
    classes
    to give
    the sites
    with
    the highest
    IBI
    score
    a
    5
    instead
    of
    a 1.
    Macroinvertebrate Index
    of Biotic
    Integrity
    (MIBI)
    — The
    MI Bl (Tetra
    Tech,
    Inc. 2007)
    scores, based
    on
    seven metrics,
    were
    used as
    a
    component
    of the
    integrity
    rating. In
    the MlBl,
    final
    scores are
    placed
    into
    one of four
    classes, with
    one
    being
    the
    worst
    and four
    being
    the best.
    We
    maintained
    these four
    classes
    for
    this
    project.
    Mussels
    Mussel Classification
    Index
    (MCi)
    Szafoni (2002)
    defined
    five
    classes
    for the
    MCI ranging
    from
    0-4. We
    maintained
    classes
    I through 4
    for
    the integrity
    ratings.
    Sites
    with
    a total
    score
    of 0 had no
    live
    mussels present
    and
    were not
    included
    in
    the
    final integrity
    rating
    calculations.
    Intactness
    We
    used
    the
    90th
    percentile
    as
    the
    boundary
    for the
    highest class
    for datasets
    that were
    not developed
    with
    a
    reference
    site
    approach
    or did
    not
    have classes
    already developed
    for the index.
    Our
    rationale
    was
    that
    by
    raising
    the
    standard
    for
    the
    top class
    for
    intactness
    the 90th
    percentile,
    the
    highest
    class
    would
    be
    similarly
    restrictive
    as
    the
    datasets
    that
    did
    have reference
    site
    data available.
    We
    developed
    classes for
    historic
    and
    single
    sample
    intactness
    independently.
    For each,
    17
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    intactness classes consisted
    of the 1-10th percentile for
    class 1 and the 11-50th, 51-
    89th
    and 9Oth+ percentile
    for
    classes 2, 3, and 4 respectively.
    Similar
    to
    mussel species
    richness expectations, c I asses
    were
    assigned according
    to
    drainage and stream size
    (Tables 8 and 9).
    Step 3.
    Standardize classes
    into a proportional
    score (P score).
    Proportional scores were used
    to standardize
    differing numbers
    of classes among variables. All
    metric/class
    scores range from
    “1” to a
    greater number with
    the
    greatest number always
    representing the highest class.
    In this step, we
    divided
    the
    assigned
    class score
    by
    the
    total
    number of classes available to
    obtain a
    proportional score (P
    score), which has a maximum of 1.
    Step
    4. Average the
    proportional
    scores
    within a given
    taxonomic group
    to
    obtain a single
    taxonomic
    score
    (T score).
    Three
    datasets were potentially
    available for mussels: MCI score
    (Szafoni
    2002), single sample
    intactness, and historical
    intactness.
    If both historical and
    single
    sample intactness were
    available
    for a site, then
    historical
    intactness was used in
    the final
    integrity
    ratings. When MCI and intactness
    scores
    were both
    available
    for mussels,
    then the
    average
    of the
    proportional
    scores
    was used to determine
    the
    taxonomic
    score (i.e., mussel taxonomic score).
    Creating a taxonomic score
    allowed
    us to
    Table
    8. Class scores for mussel single sample
    intactness
    percentages
    based on expectations according to drainage and
    stream
    size.
    Stream size
    is defined by
    link
    number,
    which is the number
    of
    first order
    streams based on the 1:1 00,000
    National
    Hydrography Dataset (NHD) upstream of a
    given
    stream
    reach. Link codes refer to groupings of link numbers.
    Singje Sample
    Intactness Percentage
    Stream Size
    Drainage
    Class 1
    Class
    2
    Class
    3
    Class 4
    Small
    (link
    code
    1)
    Ilinois
    1 -27
    28 -65
    66-83
    84+
    Mississippli
    1
    - 19
    20-50
    51
    -83
    84+
    Ohio
    1
    -20
    21 -42
    43-54
    55+
    Wabash
    1 -33
    34-60
    61 -79
    80+
    Medium
    (link
    code
    2-3)
    Illinois
    1 -26
    27-71
    72-90
    91 +
    Mississippli
    1
    -35
    36-71
    72-88
    89+
    Ohio
    1 - 12
    13 - 44
    45 - 76
    77+
    Wabash
    1 -20
    21
    -50
    51 -82
    83+
    Large
    (link
    code
    4-6)
    Illinois
    1 -21
    22-50
    51 -83
    84+
    Mississippli
    1 -32
    33-64
    65-77
    78+
    Ohio
    na
    na
    na
    na
    Wabash
    1 - 24
    25
    - 55
    56
    - 88
    89+
    Table
    9. Class scores for mussel single sample
    intactness
    percentages
    based on expectations according to drainage and stream size.
    Stream size is defined by link number, which is the number of
    first order streams based on the 1:100,000 National
    Hydrography Dataset (NHD) upstream of a given stream
    reach. Link
    codes
    refer
    to
    groupings of link numbers.
    Historical Intactness Percentage
    Stream Size
    Drainage
    Class 1
    Class 2
    Class 3
    Class 4
    Small
    (link code 1)
    Illinois
    1 -22
    23-50
    51 -79
    80+
    Mississippli
    na
    na
    na
    na
    Ohio
    1 -15
    16-27
    28-59
    60+
    Wabash
    1 -17
    18-50
    51
    -71
    72+
    Medium
    (Link
    code 2-3)
    Illinois
    1 -20
    21
    -62
    63-79
    80+
    Mississippli
    1 -20
    21 -57
    58-79
    80+
    Ohio
    1 - 14
    15 - 31
    32 - 53
    54+
    Wabash
    1 -14
    15-41
    42-71
    72+
    Large
    (Link
    code 4-6)
    Illinois
    1 - 11
    12 -44
    45-69
    70+
    Mississippli
    1 -16
    17-45
    46-63
    64+
    Ohio
    na
    na
    na
    na
    Wabash
    1 - 13
    14
    - 40
    41
    - 62
    63+
    18
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    include
    information
    derived
    from
    separate
    assessments
    into a combined
    signal
    for
    mussels.
    However,
    we averaged
    all
    available
    mussel
    information
    into
    a
    taxonomic
    score
    in order
    to
    give equal
    weight
    to fish,
    macroinvertebrates,
    and
    mussels
    in the
    final integrity
    rating.
    Step
    5. Average
    proportional
    and/or
    taxonomic
    score
    for multiple
    sites
    on a valley
    segment.
    When
    multiple sites
    were
    associated
    with a
    particular
    valley
    segment
    for
    a
    dataset, the
    average
    of these
    proportional
    or taxonomic
    (for mussels)
    scores
    was
    used
    to calculate
    the final
    integrity
    score.
    An average
    from
    the different
    sites
    was
    used rather
    than
    considering
    the
    highest
    proportional
    score
    from the
    valley segment
    since conditions
    within
    the
    stream
    segment may
    vary and
    an average
    for the
    whole
    valley
    segment
    was a
    better representation
    than the signal
    from
    a single
    site.
    Step
    6.
    Determine
    the
    final
    integrity rating
    for
    a
    valley segment.
    =
    E
    Cl)
    The
    final integrity
    score
    for
    a valley
    segment
    was calculated
    as:
    Integrity
    Score
    = average
    (average
    fish
    lBl
    P scores
    +
    average
    MIBI
    P scores
    +
    average
    mussel
    T scores),
    where
    P
    score
    = proportional
    score
    and T score
    =
    taxonomic
    score
    The
    cut-offs
    for
    the
    final integrity
    letter
    ratings
    were
    determined
    by
    visually
    inspecting
    the distribution
    of the
    integrity
    scores
    (Figure
    3).
    We
    also
    attempted
    to
    have
    a similar
    percentage
    of rated
    valley
    segments
    within
    each
    letter
    category to
    the
    previous
    BSC
    projects.
    A total
    of 1019
    valley
    segments
    were
    assigned
    an integrity
    rating
    of
    A-E
    (Figure
    4). This
    represents
    • 2.7%
    of the
    total
    valley
    segments.
    The
    percentage
    of valley
    segments
    with
    the
    • assignment
    of
    ratings A
    - E is
    9,
    31,
    45, 10
    and
    5
    respectively.
    While
    this procedure
    has
    been developed
    for
    assigning
    ratings
    using multiple
    datasets, approximately
    one
    half
    of the
    total valley
    segments
    that
    were
    assigned
    an
    integrity
    score
    used
    data from
    only
    one
    dataset (Table
    10).
    Disuibufion
    of
    Integrity
    Scores
    300
    250
    200
    150
    100
    50
    0
    13
    A
    0.8-0.89
    0.9-0.99
    Figure
    3.
    Distribution
    of integrity scores
    and
    corresponding
    letter
    ratings.
    The percentage
    of valley
    segments
    with
    integrity
    ratings of A-E
    is
    9,31,45, 10,
    and
    5
    respectively.
    19

    Examples of Integrity Ratings
    We provide several examples
    to further
    illustrate the integrity rating
    process (Table
    11). In the first example only
    the single
    dataset
    of
    macroinvertebrate IBI
    is
    associated with the valley segment.
    The
    MIBI
    score is 39.99 which equals
    a class 2
    Table
    10.
    The
    number of
    datasets contributing
    to
    final integrity ratings.
    Datasets
    Total Valley
    Segments
    1
    515
    2
    306
    3
    104
    4
    80
    5
    12
    Total
    1019
    out of 4;
    therefore the proportional
    score is
    0.5.
    Since there are no other
    datasets
    Table 11.
    Examples of calculating integrity
    scores.
    available for this valley segment the final
    integrity rating is also 0.5 (Integrity Rating
    C).
    In
    the second example both the
    MlBl
    and
    fish IBI are available. The fish 181 score
    is
    47
    corresponding to class
    4 and
    a
    proportional score of
    0.8.
    The MIBI score
    is
    65.39 corresponding to
    class
    3
    and
    a
    proportional score of 0.75. The average
    of
    the fish 181 and MIBI
    proportional scores
    is
    calculated to determine the final integrity
    score of
    0.775,
    which
    equates to an
    integrity
    rating of B.
    In
    the third example, the
    fish IBI, MIBI,
    and
    two mussel datasets are available. The
    fish IBI
    score is 55,
    which is
    a
    class 4
    score
    with
    a proportional score of 0.8. The MIBI
    score is 78.23 with
    a
    class score of 4
    and
    a proportional score of 1. The mussel
    Example
    based
    on Fish
    Examplewftht
    Fxamplewilh
    and Ma ninvetteixate
    average of
    sedataset
    mr
    VI’Segmait
    38663
    29766
    44269
    FshIBIscot
    47
    55
    FhIBIdassscoin
    4
    4
    Fish IBI poçortbr
    scxxe
    0.8(45)
    0.8(4/5)
    MairñeilebateIBlnxxn
    39.99
    68.39
    78.23
    MarbateIBIclassso
    2
    3
    4
    MaiotebateIBI
    ptçxwtbri’4
    sa’e
    0.5(214)
    0.75(2/4)
    1 (4/4)
    Missd
    Oassatbn Irriesoe
    16
    Mtssd Oasstbn lniecdassscx
    4
    MLssd
    Oasska&i Irvin
    p4oçx*n
    1 (4/4)
    MLnsdsrçesaTçAe
    spatne
    29
    M1sssisarçAehsdassscxD1e
    2(2/4)
    MisisaTçeintas
    *tpt*,scxDie
    0.5
    Ms
    hiskaicA itadrs
    peitentage
    Msd
    hisbt__sdassscx
    Mi.nsd hisbic htar
    popDrtbnsoDie
    Msuørcscx
    0.75
    htegityniore
    0.5
    0.775
    0.85
    hratfr
    C
    B
    B
    20
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    classification index score is 16 with a class
    score of 4 and a proportional score
    of 1.
    The single sample intactness percentage
    is 29, which is a class 2 score and a
    proportional
    score of 0.5. The
    two mussel
    proportional scores are averaged for a
    mussel taxonomic score of 0.75. The
    final
    integrity score is then the average of the
    fish IBI proportional score, the MIBI
    proportional score,
    and the
    mussel
    taxonomic score. The final score equals
    0.85,
    which is equivalent
    to
    an integrity
    rating of B.•
    21

    Integrity Ratings
    ‘‘d A
    B
    Map
    of Integrity Ratings
    ———
    E
    Third Order and Larger
    Streams
    [Z]
    County
    Boundaries
    Figure 4.
    Geographic distribution
    of integrity ratings.
    Of the total 38,046 valley
    segments
    for the
    state, only 2.7%
    have
    an integrity rating.
    Access to the integrity data
    associated with
    individual streams
    is available at: http://www.dnr.state.il.us/orc/BioStrmRatings/.
    C
    22

    Biologically
    Significant
    Streams
    B
    iologically Significant
    Streams (BSS)
    are
    defined as
    streams
    that
    have
    a
    high rating
    or score
    based
    on data from at
    least
    two taxonomic groups.
    This can be
    achieved
    by obtaining an A rating
    either
    for
    diversity
    or for
    integrity
    that
    is
    based
    on
    data from two
    or more taxonomic
    groups.
    A
    second
    way to
    achieve
    this
    status
    is for
    a stream segment
    to have class scores
    in
    the highest
    class
    for
    at
    least
    two different
    taxonomic
    groups when
    considering the
    combined
    data
    from the diversity
    and
    integrity
    ratings. While these
    criteria
    may
    seem
    more
    rigorous
    than the previous
    BSS assessment,
    we believe
    this is
    merited.
    By
    requiring
    BSS segments
    to
    have either an
    A rating or high class
    scores
    from separate
    assessments,
    we assured
    that only the highest
    rated reaches
    are
    given biologically
    significant
    status.
    By
    considering
    two taxonomic
    groups, we
    have more
    confidence in
    the BSS
    designation
    because at least
    two
    signals
    are
    indicating
    high biological significance
    within the
    stream.
    A
    total of 1366
    valley segments had
    data
    associated
    with them. Our
    primary criteria
    requiring
    a
    valley
    segment to contain
    the
    highest
    class
    score from two
    different
    taxonomic
    groups
    accounted
    for 84% of all
    BSS
    identifications.
    However, most
    valley
    segments (56%)
    that were
    identified as
    biologically
    significant
    also received an A
    rating
    for Diversity
    and/or Integrity
    (Table
    12).
    Stream segments
    identified as
    biologically
    significant
    are
    unique
    resources in
    the
    state
    and
    we
    believe that the
    biological
    communities
    present
    must
    be
    protected at
    the
    stream reach,
    as well as
    upstream
    of
    Table 12. The
    underlying qualifications
    for
    designation as a biologically
    significant
    stream (BSS). All
    BSS were
    evaluated
    based on information
    from at least
    two
    datasets
    from differing taxonomic
    groups.
    For streams rated A for diversity
    or
    integrity,
    at least
    two datasets
    from
    different taxonomic groups
    had
    to
    contribute to the final
    rating.
    For streams
    that had the highest
    class score,
    the two
    different taxonomic
    groups
    could
    be
    derived
    from a
    combination
    of both the
    diversity
    and integrity datasets.
    Rationale
    Count
    2+ highest classes
    but
    no A ratings
    54
    Total
    with A rating
    68
    Total
    BSS
    valley
    segments
    122
    Breakdown
    2+
    highest class ratings
    Integrity A & 2+ highest
    classes
    5
    Diversity A
    &
    Integrity
    A & 2+ highest
    classes
    11
    Diversity A
    & 2+ highest classes
    33
    2+ highest classes
    but
    no A ratings
    54
    Total with 2+ highest classes
    103
    Breakdown A ratings
    Diversity
    A
    &
    Integrity A
    1
    Integrity
    A & 2+ highest classes
    5
    Diversity
    A
    8
    Integrity A
    10
    Diversity A
    &
    Integrity
    A
    & 2+ highest
    classes
    11
    Diversity
    A & 2+ highest classes
    33
    Total with A
    Rating
    68
    the reach.
    It is well documented
    in the
    scientific literature
    that
    the
    physical
    and
    chemical
    properties of water
    at a stream
    site reflect
    upstream influences
    (Omernick
    et al. 1981, Smart
    et
    al. 1981, Hunsaker
    and Levine
    1995).
    However,
    we are
    unaware
    of any criteria that
    can definitively
    identify
    the
    upstream
    extent
    of influence on
    biota
    within each
    stream
    reach
    identified
    as biologically significant.
    Therefore,
    we
    used
    some
    simple,
    practical
    constraints for
    extrapolating
    from site-specific
    information
    to upstream stream
    segments to
    arrive
    at
    the final
    segments identified
    as
    biologically
    significant.
    Stream
    reaches (i.e.,
    arcs
    defined
    as
    confluence
    to
    confluence
    reaches)
    upstream of a
    valley
    segment
    that was identified
    as
    BSS were
    also
    23

    identified
    as biologically
    significant if ALL
    of the
    following criteria
    applied:
    1) The
    nearest downstream
    valley
    segment has
    sufficient
    biological
    information
    to warrant BSS
    status.
    2)
    The stream reach
    is
    part of the
    BSS
    and not
    a
    tributary
    connecting
    to
    it.
    3)
    The stream
    reach is not
    smaller than
    third order
    in size.
    Stream order
    is
    a
    relative
    measure of stream
    size; larger
    orders represent
    larger
    streams.
    Using
    third
    order as a size limit
    is consistent
    with
    the
    extent of range
    for the
    majority of fish,
    mussel,
    and macroinvertebrate
    information
    used, which predominately
    was collected
    from third-order
    streams and
    larger.
    Importantly,
    not
    all
    stream
    segments
    smaller
    than third order were
    denied BSS
    status
    outright. As
    per the first
    criterion,
    regardless
    of stream
    size, if sufficient
    biological information
    was available
    from
    the valley segment
    and the information
    indicates
    high
    integrity or diversity,
    the
    segment was
    identified for BSS status.
    4) The
    stream
    reach
    is free-flowing,
    i.e.,
    not
    obviously part of
    a lake, reservoir,
    or
    large river.
    24
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    I
    Map
    of Biologically
    Significant
    Streams
    —-
    Biologically
    Significant
    Streams
    ThlixI
    Order and
    Larger
    Streams
    []
    County
    Boundades
    Figure
    5.
    Geographic
    distribtition
    of biologically
    significant
    streams.
    Access
    to the
    data
    associated
    with
    individual
    streams
    is available
    at:
    http://www.dnr.state.
    ii .us/orc/BioStrmRatings/.
    25
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    Conclusions
    Data
    Issues
    he
    ratings
    proposed
    in this
    document
    incorporate
    aspects
    of both
    previous
    BSC
    and BSS
    processes.
    Since
    the
    publication
    of BSC
    and BSS,
    new
    initiatives
    have
    been
    implemented
    to
    collect
    biological
    information
    relevant
    to
    streams
    such
    as the
    Critical
    Trends
    Assessment
    Program,
    Mussel
    Classification
    Index,
    and
    the Benthic
    Macroinvertebrate
    Stream
    Condition
    Index (MIBI
    in
    this report).
    The fish
    IBI
    has
    also
    been
    revised
    and the list
    of threatened
    and
    endangered
    species has
    changed
    since the
    original
    publication
    of
    BSS.
    With
    the
    additions
    and
    changes
    to these
    data
    sources,
    it was
    pertinent
    to reassess
    the
    strengths
    and
    weaknesses
    of
    the previous
    stream ratings
    in
    the context
    of
    supporting
    implementation
    of
    Illinois’
    Wildlife
    Action Plan.
    The Illinois
    Wildlife
    Action
    Plan identifies
    a
    broad
    array of
    species in
    greatest need
    of
    conservation,
    and
    therefore
    it
    was
    appropriate
    to
    consider
    multiple taxonomic
    groups
    in this
    project.
    In keeping
    with
    the
    Illinois
    Wildlife
    Action
    Plan’s stream
    habitat
    goal
    that:
    “High—quality
    examples
    of all
    river
    and stream
    communities
    . .
    . are
    restored and
    managed
    within
    all natural
    divisions
    in
    which
    they
    occur”,
    the current
    stream
    ratings
    and
    identification
    of
    biologically
    significant
    streams
    provide
    a
    new
    and
    updated
    tool
    to
    identify
    and target
    such areas.
    By combining
    multiple
    datasets
    from
    different
    taxonomic
    groups
    into a
    single
    rating,
    this project
    gives
    ratings
    that
    are
    a
    holistic representation
    of
    stream
    biological
    resources.
    Because we
    considered
    data in
    addition
    to fish,
    ratings
    were
    applied
    to
    an additional
    483 valley
    segments
    that
    lacked
    fish
    data.
    Other
    taxonomic
    groups
    were
    investigated
    but
    not used
    because
    of
    limited available
    data.
    For example,
    information
    on amphibians
    and
    reptiles
    in
    Illinois
    were
    obtained
    from the
    INHS
    amphibian
    and
    reptile
    collection.
    Of the
    listed
    amphibian
    and
    reptile
    species,
    the
    Dusky
    Salamander,
    is
    a
    species
    found
    in
    stream
    habitat
    (Phillips
    et
    al. 1999)
    and
    is
    considered
    an
    indicator
    species in
    small
    streams
    without
    fish
    (Southerland
    et
    al.
    2004).
    While
    we
    included
    the Dusky
    Salamander
    in
    with
    the T&E
    species, we
    did
    not
    include
    other
    reptiles
    and
    amphibians
    because
    we
    lacked
    sufficient
    statewide
    information
    on
    the distribution
    of
    herpitiles
    inhabiting
    streams.
    Plant
    information
    was
    also
    pursued
    because
    multiple
    species were
    included
    previously
    in
    the
    Biologically
    Significant
    Illinois
    Streams
    (Page
    et al. 1992)
    publication.
    However,
    of the
    plant
    species
    that
    are
    still
    protected
    under
    the Illinois
    Endangered
    Species
    Protection
    Act, only
    the
    heart-leaved
    plantain
    (Plantago
    cordata)
    is
    considered
    an
    associate
    of
    stream
    habitat
    (Herkert
    and
    Ebinger
    2002).
    Many
    of the
    species
    included
    in the original
    BSS
    were aquatic
    plants associated
    with
    pond habitats
    and
    therefore
    were
    not
    included
    in
    our
    analysis.
    We
    consulted
    State experts,
    including
    INHS personnel
    previously
    involved
    with BSS
    (Page
    et al.
    1992),
    to determine
    if other
    potential
    botanical
    datasets
    were
    available.
    However,
    no
    additional
    plant
    species were
    included
    in our ratings
    since there
    have not
    been
    systematic
    statewide
    surveys
    of
    plants
    associated
    with stream
    habitat.
    26

    Updates and Revisions
    One of the goals of the previous BSC
    initiatives
    was to update
    stream ratings on
    an annual basis and to publish the
    revised
    ratings every five years.
    However, the
    original
    BSC
    stream ratings were
    updated
    only
    once based on data
    that were
    collected through
    1993. Similarly, the BSS
    project was
    based
    on
    data
    collected
    through 1991 and has not been updated
    since. Therefore, stream designations
    identified in these projects are based on
    data that is at least
    14 years old. Given
    that these ratings are used by a
    diverse
    group of
    stakeholders, it was clear that an
    updated
    version was required.
    Several reasons may
    explain why previous
    stream ratings
    have changed through this
    project including: a new process
    evaluating
    diversity and integrity data, addition of data
    previously
    unavailable, revision to
    the fish
    IBI and T&E species list, and changes in
    stream condition.
    Because
    previous
    stream ratings may have changed for
    these reasons, comparisons of
    new
    ratings
    to previous ratings (from
    Hite and
    Bertrand 1989, Page et al. 1992, Bertrand
    et
    al.
    1996) are not
    appropriate. For
    example,
    a
    stream
    reach rated as C in this
    report
    that was
    previously B should not
    be
    interpreted
    automatically
    as a
    degradation
    in stream quality. In addition to a revised
    process for
    assigning
    letter grades,
    biologically significant streams must now
    have
    data
    from two different taxonomic
    groups.
    Therefore,
    some
    streams
    previously identified
    as
    BSS did not
    receive the BSS designation in this effort
    because
    they
    lacked
    sufficient
    data
    given
    the change in criteria.
    27

    The ratings included in this
    report can
    assist in identifying streams that
    are in
    need
    of
    restoration
    or
    improved
    conservation. Given that less
    than 5% of
    the valley segments in the state have
    data
    associated with them, this
    project also
    indicates data gaps and can help
    prioritize
    future survey efforts. Current
    fish and
    macroinvertebrate indexes are
    only
    applicable
    to
    wadeable streams,
    thus we
    limited ratings to
    wadeable
    conditions.
    Development of assessment
    tools for
    headwaters and larger rivers
    would allow
    broader application of ratings in the
    future.
    Systematic surveys
    of mussels and
    crayfishes would support index refinement
    and
    broader inclusion of these
    taxa. As
    statewide
    surveys increase,
    the inclusion
    of
    other taxa such as herpitiles
    or aquatic
    macrophytes may be possible
    in future
    updates of the
    stream
    ratings.
    The final product of diversity and integrity
    ratings and biologically significant
    streams,
    available
    at
    http://
    www.dn r.state. i I. us/orc/BioStrm Ratings!,
    indicates the data sources that
    contribute
    to
    each final rating and includes
    the proportional scores for these data. This
    information
    will
    enable
    different
    stakeholders
    with varying
    goals to use the
    ratings and contributing data for their
    particular
    purposes. For example, if
    a
    stakeholder wanted to target their efforts
    at
    streams with high mussel species diversity
    they would be able to
    identify
    those
    streams
    according to the mussel species
    richness
    proportional score contributing
    to
    the final diversity score. Similarly, efforts
    focused
    at
    streams with a high fish
    IBI
    score could consider the fish IBI
    proportional score contributing to a final
    integrity score.
    28
    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

    The major
    data
    collection
    programs
    (collaborative
    basin
    surveys,
    CTAF
    Endangered
    Species
    Board
    updates)
    used
    in this
    project
    operate
    on
    a
    five
    year
    interval
    to
    assess
    streams
    statewide.
    Therefore,
    the
    IDNR
    intends
    to
    update
    ratings
    annually
    at
    http://
    www.dnr.state.iI.
    us/orc/BioStrmRatings/
    and publish
    new ratings,
    including
    designating
    biologically
    significant
    streams,
    after the
    completion
    of
    each
    round
    of
    basin
    surveys.
    A published
    revision
    of ratings
    should
    be available
    approximately
    every 5-6
    years.
    With each
    published
    update,
    a
    new
    range
    of data
    from each
    of the sources
    will be
    selected
    to
    encompass
    the last
    ten
    years.
    For
    certain
    datasets
    such
    as
    the
    fish
    and
    macroinvertebrate
    IBIs,
    the
    values
    that
    correspond
    to
    the class
    scores will
    not
    have
    to be
    recalculated
    since they
    were
    already
    established.
    However,
    for other
    datasets
    such as
    the
    mussel species
    richness
    and intactness
    data,
    the number
    of
    species
    that
    correspond
    to the
    percentiles
    that
    were used
    to determine
    class
    scores will
    undoubtedly
    change
    with
    the
    collection
    of
    additional
    data. For
    these
    datasets,
    the
    values
    that
    represent
    the
    different
    class
    scores
    should
    be
    recalculated
    using the
    new data
    for each
    revision
    until
    these
    values can
    be
    more
    formally
    established.
    In
    addition,
    the cut
    offs for
    the letter
    ratings are
    based on
    the
    distribution
    of the final
    scores.
    In the future
    these
    cut-offs
    could
    change
    as new
    data
    are
    analyzed.
    Therefore,
    the
    final scores
    that
    correspond
    to
    the
    letter ratings
    A-E
    should
    be
    reevaluated
    with
    any update.
    29

    Literature
    Cited
    Angermeier,
    P.L. and J.R. Karr.
    1994. Biological
    integrity versus
    biological
    diversity
    as
    policy
    directives.
    BioScience
    44:690-697.
    Bertrand,
    W. A., R. L. Hite,
    and D. M.
    Day. 1996. Biological
    stream characterization
    (BSC): Biological
    assessment
    of Illinois
    stream quality through
    1993. Illinois
    Environmental
    Protection
    Agency, Bureau
    of
    Water,
    Springfield,
    IL.
    I EPAIBOWI96-058.
    Brenden,
    T.O., L. Wang,
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    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

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    _data_users_guide.pdf
    32

    Appendix A.
    List
    of
    threatened and endangered species
    included in stream ratings.
    Amphibians
    Endangered
    Spotted
    Dusky
    Salamander
    (Desmognathus
    conanti)
    Crayfish
    Endangered
    Indiana Crayfish
    Orconectes indianensis
    Kentucky Crayfish
    Orconectes kentuckiensis
    Shrimp Crayfish
    Orconectes lancifer
    Bigclaw Crayfish
    Orconectes
    placidus
    Fish
    Endangered
    Lake Sturgeon
    Acipenser
    fulvescens
    Western
    Sand Darter
    Ammocrypta
    clarum
    Bluebreast Darter
    Etheostoma
    camurum
    Harlequin Darter
    Etheostoma histrio
    Cypress Minnow
    Hybognathus
    hayi
    Bigeye Chub
    Hybopsis
    amblops
    Pallid Shiner
    Hybopsis
    amnis
    Northern Brook Lamprey
    Ichthyomyzon
    fossor
    Sturgeon
    Chub
    Macrhybopsis gelida
    Greater Redhorse
    Moxostoma valenciennesi
    River Chub
    Nocomis micropogon
    Pugnose Shiner
    Notropis anogenus
    Bigeye Shiner
    Notropis
    boops
    Blacknose Shiner
    Notropis heterolepis
    Taillight
    Shiner
    Notropis
    maculatus
    Weed Shiner
    Notropis
    texanus
    Northern Madtom
    Noturus stigmosus
    Pal lid
    Sturgeon
    Scaphirhynchus albus
    Threatened
    Eastern Sand
    Darter
    Ammocrypta
    pellucidum
    Longnose Sucker
    Catostomus
    catostomus
    Cisco
    Coregonus
    artedi
    Gravel Chub
    Erimystax
    x-punctatus
    33

    Iowa Darter
    Etheostoma exile
    Banded
    Killifish
    Fundulus
    diaphanus
    Starhead Topminnow
    Fundulus dispar
    Least
    Brook
    Lamprey
    Lampetra
    aepyptera
    Redspotted
    Sunfish
    Lepomis
    miniatus
    Bantam
    Sunfish
    Lepomis
    symmetricus
    River
    Red horse
    Moxostoma
    carinatum
    I roncolor
    Shiner
    Notropis chalybaeus
    Blackchi
    n Shiner
    Notropis
    heterodon
    Mussels
    Endangered
    Spectaclecase
    Cumberlandia
    monodonta
    Fanshell
    Cyprogenia
    stegaria
    Snuffbox
    Epioblasma
    triquetra
    Pink Mucket
    Lampsilis abrupta
    Wavy-rayed
    Lampmussel
    Lampsilis
    fasciola
    Higgins Eye
    Lampsilis higginsil
    Orangefoot
    Pimpleback
    Plethobasus
    cooperianus
    Sheepnose
    Plethobasus cyphyus
    Clubshell
    Pleurobema
    clava
    Ohio
    Pigtoe
    Pleurobema
    cordatum
    Fat Pocketbook
    Potamilus capax
    Kid
    neyshel I
    Ptychobranchus
    fasciolaris
    Rabbitsfoot
    Quadrula
    cylindrica
    Salamander Mussel
    Simpsonaias
    ambigua
    Purple
    Lilliput
    Toxolasma
    lividus
    Rainbow
    Villosa
    iris
    Threatened
    Slippershell
    Alasmidonta
    viridis
    Purple Wartyback
    Cyclonalas
    tuberculata
    Butterfly
    Ellipsaria
    lineolata
    Elephant-ear
    Elliptio
    crassidens
    Spike
    ElIiptio
    dilatata
    Ebonyshell
    Fusconala
    ebena
    Black Sandshell
    Ligumia
    recta
    Little
    Spectaclecase
    Villosa
    lienosa
    Plants
    Endangered
    Heart-leaved
    Plantain
    Plantain
    cordata
    34

    Electronic Filing - Received, Clerk's Office, July 2, 2009
    * * * * * PCB 2010-003 * * * * *

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