TABLE OF EXHIBITS WaterLegacy Objections to PolyMet Draft Permit to Mine Exhibit 1 DNR, Exploration for Metallic Mineral Resources in Minnesota - Copper, Nickel and Platinum Group Metals. Exhibit 2 EPA, Identification of Priority Classes of Facilities for Development of CERCLA Section 108(b) Financial Responsibility Requirements, 74 FR 37213 (July 28, 2009) Exhibit 3 EPA, An Assessment of Potential Mining Impacts on Salmon Ecosystems of Bristol Bay, Alaska, Volume 1 – Main Report (EPA 910-R-14-001A (January 2014), Exhibit 4 WaterLegacy, Comments on Draft PolyMet NorthMet Water Appropriation Permits (Aug. 31, 2017) Exhibit 5 PolyMet NorthMet Tailings Management Plan, Excerpt from Attachment B, Saint Anthony Falls Tailings Deposition Modeling Report (2011) Exhibit 6 Independent Expert Engineering Investigation and Review Panel, Report on Mount Polley Tailings Storage Facility Breach (Jan. 30, 2015) Exhibit 7 D. Chambers, Comments on the Geotechnical Stability of the Proposed NorthMet Tailings Basin and Hydrometallurgical Residue Facility in light of the Failure of the Mt Polley Tailings Storage Facility (Apr. 30, 2015) Exhibit 8 D. Chambers, Comments on Draft Dam Safety Permit Numbers 2016-1380 and 2016-1383 (Oct. 16, 2017) Exhibit 9 F.F. Carmo et al., Fundão tailings dam failures: the environment tragedy of the largest technological disaster of Brazilian mining in global context, Perspectives in Ecol. and Cons., 15 (2017) Exhibit 10 WaterLegacy, Comments on PolyMet Draft Dam Safety Permits 2016-1380 and 2016-1383, with 23 Exhibits (Oct. 16, 2017) Exhibit 11 M. Davies and S. Rice, An alternative to conventional tailing management – “dry stack” filtered tailings, AMEC Earth & Environmental, Vancouver Canada (2004) Exhibit 12 NorthMet Mine and Ore Processing Facilities Project Final Scoping Decision, Figure 1 - Alternative Sites Under Consideration (Oct. 25, 2005) Exhibit 13 M. Davies, Filtered Dry Stacked Tailings – The Fundamentals, Proceedings Tailings and Mine Waste 2001, Vancouver, BC (Nov. 6-9. 2011) Exhibit 14 EOR (Emmons & Olivier Resources) Review Team, PolyMet Dam Safety Permit Application Review, (May 15, 2017) Exhibit 15 RS33/RS65 – Hydrometallurgical Residue Characterization and Water Quality Model – NorthMet Project, Table 5-2 (Feb. 2007) Exhibit 16 PolyMet Facility Mercury Mass Balance Analysis (RS66), Excerpt (Mar. 2007) i Exhibit 17 B. Johnson, Summary Analysis of PolyMet NorthMet Modeled Tailings Chemistry and MinnAMAX Site Tailings Leachate (Dec. 2015) Exhibit 18 J. Lupo, Ph.D., P.E., Dry Stack Tailings Overview, Slide Presentation excerpts (2012) Exhibit 19 J.D. Lehr, Technical Memorandum - Summary of Comments Resulting from Review of NorthMet Mining Project and Land Exchange Supplemental Draft Environmental Impact Statement with Figures (Mar. 12, 2014) Exhibit 20 A. Runkel, Comment on the NorthMet Supplemental Draft Environmental Impact Statement (Mar. 13, 2014) Exhibit 21 D. Lee, Ph.D., P.E., PolyMet Tailings Basin Performance (Dec. 10, 2015) Exhibit 22 Barr, Groundwater Containment System: Degree of Use in Industry (Dec. 26, 2012) Exhibit 23 B. Weber, Federal study says oil sands toxins are leaching into groundwater, Athabasca River, Edmonton Globe and Mail (Feb. 20, 2014) Exhibit 24 Frank et al., Profiling Oil Sands Mixtures from Industrial Developments and Natural Groundwaters for Source Identification, Env. Sci. & Tech. (Jan. 21, 2014) Exhibit 25 K. Orland, The battle over when and how to clean up oilsands tailings ponds is escalating, Calgary Herald (Jan. 16, 2018) Exhibit 26 D. Lee, PolyMet Category 1 Waste Rock Stockpile (Dec. 10, 2015) Exhibit 27 PolyMet PTM Application, Figure 11-5, Project Water Balance in Mine Year 10 (Dec. 2017) Exhibit 28 Sutton (Spectrum Eng.), email to D. Dostert (DNR) re PolyMet Tailings Wet Closure (Jan.23, 2012) Exhibit 29 M. Malusis, Comments on Draft Dam Safety Permit 2016-1380 (Flotation Tailings Basin), Updated Permit Application Documents, and Outstanding Permit Issues (Oct. 12, 2017) Exhibit 30 Myrbo, et al., Increase in nutrients, mercury, and methylmercury as a consequence of elevated sulfate reduction to sulfide in experimental wetland mesocosms, J. Geophys. Research: Biogeosciences, 122 (2017) Exhibit 31 U.S. Geological Survey, Floods of June 2012 in Northeastern Minnesota (2012) Exhibit 32 Barr Memo, FTB (Flotation Tailings Basin) Dam Break Analysis, Figure 3 (Dec. 4, 2012) Exhibit 33 PolyMet FEIS, Figure 4.2.2-18, Residential Wells (2015) Exhibit 34 Barr, HRF (Hydrometallurgical Residue Facility) Dam Break Analysis (July 11, 2016) ii Exhibit 35 L.N. Bowker and D. Chambers, The Risk, Public Liability & Economics of Tailings Storage Facility Failures (July 21, 2015) Exhibit 36 L.N. Bowker and D. Chambers, In the Dark Shadow of the Supercycle Tailings Failure Risk & Public Liability Reach All Time Highs, Environments 4. 7 (2017) Exhibit 37 WISE, Chronology of major tailings dam failures (from 1960), (updated July 8, 2017) Exhibit 38 B. Machlis, A Win For The Mining Industry: EPA Declines To Impose CERCLA 108(b) Financial Responsibility Requirements, Dorsey & Whitney, LLP, Publications (Dec. 4, 2017) Exhibit 39 EPA, CERCLA Section 108(b) Financial Responsibility, A public webinar hosted by the United States Environmental Protection Agency (May 17, 2016) Exhibit 40 EPA, Financial Responsibility Requirements Under CERCLA §108(b) for Classes of Facilities in the Hardrock Mining Industry, 82 FR 3388 (Jan. 11, 2017) Exhibit 41 Ann Foss, MPCA Metallic Mining Sector Director, Legacy Permitting/Financial Assurance for Change in Assignment Former LTV Steel Mining Company (LTVSMC) Tailings Basin and Plant Site (Dec. 12, 2017) Exhibit 42 In the Matter of the Proposed Rules of the Pollution Control Agency Amending the Sulfate Water Quality Standard Applicable to Wild Rice and Identification of Wild Rice Rivers, Report of the Administrative Law Judge (Jan. 9, 2018) Exhibit 43 Environmental Groups’ Comments on MPCA 2017 Triennial Standards Review (Feb. 9, 2018) Exhibit 44 EPA (T. Hyde), Letter to Sen. Bakk and Rep. Dill (May 13, 2011) Exhibit 45 MPCA, MPCA Wild Rice Sulfate Standard (updated 1/28/13) Exhibit 46 State v. Halvorsen, 2017 Minn. App. Unpub. LEXIS 31; 2017 WL 84146 (Minn. Ct. App. Jan. 9, 2017) Exhibit 47 MPCA, Draft Impaired Waters List 2018, excerpt with St. Louis River, Lake Superior Basin 2018 Mercury Impaired Waters (2018) Exhibit 48 Barr, Hydrogeology of Fractured Bedrock in the Vicinity of the NorthMet Project, Large Figures 1-2 (Dec. 2014) Exhibit 49 B. Johnson, A Review of the PolyMet NorthMet Supplementary Draft Environmental Impact Statement and Selected Supporting Documents Related to the Predictions of Solute Levels in Discharge (Mar. 2014) Exhibit 50 GLIFWC email to MDNR et al. Bedrock-Wetland Connections at PolyMet Mine Site (July 29, 2015) Exhibit 51 GLIFWC letter to Co-Lead Agencies Northward Flowpath & Modeling (Aug. 11, 2015) iii Exhibit 52 GLIFWC letter to Co-Lead Agencies Discharge from PolyMet East Pit at Closure (Oct. 20, 2015) Exhibit 53 Northshore Mining Company Environmental Assessment Worksheet (2014) Exhibit 54 DNR et al., Technical Memorandum, NorthMet EIS Co-lead Agencies’ Consideration of Possible Mine Site Bedrock Northward Flowpath (Oct. 12, 2015) Exhibit 55 EPA, Letter and Detailed Comments on the NorthMet Mine Final Environmental Impact Statement (Dec. 21, 2015) iv WaterLegacy PTM Objections Exhibit 41 Attachment 0 Memorandum from MPCA to DNR on Legacy Document begins on pdf page 2931 of PolyMet PTM Application Dec. 2017 It is an attachment to the Appendix 15.1 Legacy Closure Plan for Ferrous LTVSMC Areas subject to Assignment from Cliffs Erie, L.L.C. Dec. 2017 (no author named) Appendix 15 Financial Assurance WaterLegacy PTM Objections Page 1 of 10 Exhibit 41 Legacy Permitting/Financial Assurance for Change in Assignment Former LTV Steel Mining Company (LTVSMC) Tailings Basin and Plant Site Ann Foss, Metallic Mining Sector Director December 12, 2017 This memo addresses MPCA ' s views on the State ' s potential liability for closure of the Cliffs Erie/NorthMet ferrous tailings basin under a very specific scenario described in detail in section II below. I. Background/Site History I.A. LTV Steel Mining Company (LTVSMC} LTVSMC owned a taconite processing facility and associated tailings basin near Hoyt Lakes , mining areas near Hoyt Lakes , Dunka mine , a railroad from Hoyt Lakes to Taconite Harbor , a dock and ship loading/unloading facility at Taconite Harbor , a power plant at Taconite Harbor , and real estate. LTV Corporation , the parent company to LTVSMC , filed for bankruptcy in 2000 and in January 2001 operations at the LTVSMC facilities ceased. As a result of subsequent bankruptcy proceedings , the State of Minnesota entered into a Master Agreement with the purchasers of the property (Cliffs Natural Resources , FKA Cleveland Cliffs , and Minne sota Power) and LTV. The Bankruptcy court approved the sale and closing occurred in October 2001. One goal of the Master Agreement was to preserve the assets for future use. In addition , under the 2001 Master Agreement , Cliffs Natural Resources provided a Corporate Guarantee as financial assurance under the DNR Ferrous Permit to Mine. Cliffs Natural Resources has successfully transferred a portion of the property to Steel Dynamics , which owns the Mesabi Nugget plant and the neighboring mine area. MPCA and DNR perm its covering this portion of the property were transferred /assigned to Steel Dynamics. As part of the Ferrous Permit to Mine, Steel Dynamics provided financial assurance