BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE OFFICE OF THE DIVISION OF WATER RESOURCE MANAGEMENT, vs. OGC FILE NO. 16-1356 MOSAIC FERTILIZER, LLC CONSENT ORDER This Consent Order (Order) is entered into between the State of Florida Department of Environmental Protection (Department) and Mosaic Fertilizer, LLC (Respondent or Mosaic) to resolve the violations alleged in this Order. ‘The Department finds and Respondent admits to the following: 1. The Departments the administrative agency of the State of Florida having the power and duty to protect Florida's air and water resources and to administer and enforce the provisions of Chapter 403, Florida Statutes (Fla. Stat), and the rules promulgated and authorized in Title 62, Florida Administrative Code (Fla. Admin. Code). The Department has jurisdiction over the matters addressed in this Order, and through it, has diligently enforeed and will continue to diligently enforce such matters. 2. Respondent is a person within the meaning of section 403.031(5), Fla. Stat. 3. Respondent currently operates the Mosaic - New Wales facility (Facility), under Department Wastewater Permit No. FL0036421 (Permit), which expires on June 23, 2018. The Facility also operates subject to the requirements of a Consent Decree entered into with theDEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 2 United States of America and the Department, Civil Action No. 8:15-cv-02286JDW-TEM, (hereinafter RCRA Consent Decree). The Facility is situated on real property located at 3095 State Road 640 West, approximately five miles southwest of the town of Mulberry in Polk County, Florida, at approximately, Latitude: 27° 49’ 57.68” North and Longitude: 82° 03’ 11.26” (Property). 4 Respondent owns the Property and is both the owner and operator of the Facility. 5. Operations at the Facility include but are not limited to the manufacturing of sulfuric and phosphoric acid and the production of ammoniated phosphate fertilizers and animal-feed ingredients (collectively Processes). Phosphogypsum is produced as aby-product of the phosphoric acid production and pursuant to Permit is disposed of onsite by stacking the phosphogypsum ina lined 704acre phosphogypsum stack storage area. 6 The phosphogypsum stack system is comprised of a 280-acre unlined cooling pond system, a 94acre below-grade unlined Auxiliary Holding Pond (AHP), two awzliary process water storage ponds AHP-1 and AHP-2 totaling 70 acres on top of the closed North Phosphogypsum Stack, and a 704acre lined combined Phase I (394 acres) and Phase II (310 acres) South Phosphogypsum Stack. The lined Phase I and Phase II areas of the South Phosphogypsum Stack were originally constructed in 1992 and 2003, respectively. The South Phosphogypsum Stack also includes a 19-acre lined emergency process water storage pond designated AHP-3. The 394acre North Phosphogypsum Stack is closed. 7. Wastewater is generated from the Processes. Storm water runoff from the closed North Phosphogypsum Stack and the active South Phosphogypsum Stack is also generated and managed at the Facility. 8 The Facility is authorized to discharge to surface waters and groundwaters of the State of Florida only in accordance with the terms, conditions, and limitations of the Permit. The Facility is an existing installation as defined by Fla. Admin. Code R. 62- 520.200(10).DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 3 9. The Permit authorizes a groundwater zone of discharge (ZOD) of specific horizontal and vertical dimensions. The provisions under the Permit for the vertical ZOD prohibit discharges of process water from the Facility to the Floridan Aquifer. The regional groundwater flow direction in the Floridan Aquifer is to the west in the vicinity of and downgradient from the Facility. 10. ‘The Permit authorizes various operations of the Facility and limited discharges. ‘The Permit also authorizes operation of the South Phosphogypsum Stack system subject to associated regulatory and other process water management requirements. 11. The Respondent has asserted that the facts, allegations, and findings in paragraphs 12 through 19 of this Order occurred as a result of circumstances beyond its control that constitute a force majeure under the RCRA Consent Decree. ‘The Department finds and Respondent neither admits nor denies the following: 12. On August 28, 2016, as required by Fla. Admin. Code R. 62-672.770(6), and the RCRA Consent Decree, Respondent notified the Department and the United States Environmental Protection Agency (USEPA) of suspected damage to the liner system (a critical condition under Fla. Admin. Code R. 62-672.770(6) and the RCRA Consent Decree), based ona steady decline of the water level within the Phase II West settling compartment (West Cell) of the Facility’s lined South Phosphogypsum Stack system. On August 28, 2016, Department staff directed and confirmed that Mosaic was initiating appropriate response actions to the reported critical condition. 13. On August 29, 2016, as required by the Permit, Respondent notified the State Watch Office and confirmed the release of a reportable quantity to the National Response Center, Within 24 hours of the initial notification of a critical condition on August 28, 2016, Department staff first inspected the South Phosphogypsum Stack and Mosaic’s activities on August 29, 2016. On September 3, 2016, the Respondent timely submitted a report (7-Day Report) indicating that the Water Loss Incident (WLI) reported on August 28, 2016, was potentially due to abreach in the underlying HDPE liner that may have been caused by a subsurface anomaly likely connected to the Floridan Aquifer. The 7-Day Report also satisfiedDEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 4 the Permit general condition number 20 for a written follow-up report within 5 days from the reported wastewater release on August 29. The 7-Day Report also provided an upper bound estimate that the WLI could result in the potential loss of 784 acre-feet (~ 255 million gallons) of process water to groundwater. Ina subsequent correspondence on September 7, 2016, Respondent indicated that due to transferring 40 million gallons of water from the West Cell to the adjacent East Cell, the upper bound estimate of water loss was 215 million gallons. 14 As of September 6, the West Cell no longer contained ponded process water, and, as aresult, the sinkhole became visible for the first time. On September 7, 2016, Respondent provided to the Department an aerial photograph, taken on the afternoon of September 6, of the sinkhole feature in the West Cell. 15. OnSeptember 10, 2016, Respondent completed work initiated on August 31, 2016, to provide supplemental recovery well operations and placed the P-4 production well into service. To date, monitoring information indicates that onsite process water recovery efforts are working, and the WLI has not impacted groundwater quality beyond the Facility. Notwithstanding that process water has only been detected onsite, Respondent voluntarily began offering third-party testing of private drinking water wells in the community on September 16, 2016, in consultation with the Department. 16. The WLI resulted ina discharge to the Floridan Aquifer of approximately 215 million gallons of acidic process water, plus ongoing seepage discharge (collectively Discharge). Ongoing seepage to be captured by the groundwater recovery system, consisting of released pore water from the phosphogypsum stack, has been estimated to average less than 200 gallons per minute over the expected repair period. 17. The Discharge is outside the vertical zone of discharge as described and authorized in section IV of the Permit. Therefore, the WLI meets the definition of a “discharge” pursuant to 376.301(13) Fla Stat,, and the location of the Discharge where the exceedance of groundwater standards outside the vertical zone of discharge occurred meets the definitions of “contaminated site” pursuant to 376.301(11) Fla. Stat. and “site” pursuant to Fla. Admin. Code R 62-780.200(43).DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 5 18. Due to the Discharge, the Facility is currently not being maintained or operated in amanner consistent with the applicable terms of its Permit, and as such is in violation of Fla, Admin. Code R. 62-620.300(5) and 403.161(1)(b), Fla. Stat. 19. The Discharge is a violation of groundwater standards which is a violation of Permit condition IIL.B.8 and III.B.9, Fla. Admin. Code R. 62-520.420, and section 403.088(1) and 403.161(1)(b), Fla. Stat. Having reached a resolution of the matter, the Department and the Respondent mutually agree that this Order resolves the violations identified above and addressed herein at the Facility. This Order is also considered a Cleanup Agreement Document (CAD) pursuant to Fla, Admin. Code R 62-780.200(8) and is intended to address the site rehabilitation requirements of Chapter 62-780, Fla. Admin. Code, and is also intended to address the site assessment and corrective action work requirements under paragraph 20 of the RCRA Consent Decree; however, nothing herein shall affect the USEP.A’s residual authorities as referenced in paragraphs 20, 23, and 82 of the RCRA Consent Decree, nor shall this Order in any way affect the USEPA’s rights under the RCRA Consent Decree. In addition to foregoing requirements, the Respondent has agreed to plan and conduct additional hydrogeological and geotechnical site investigations at its Facility and its other active phosphogypsum stack systems in Florida as set forth herein. Itis the Respondent's contention that neither this Order nor actions taken hereunder shall constitute an admission by the Respondent of liability for any wrongdoing regarding any of the events leading up to the signing of the Order. Accordingly, the Respondent does not admit, by signature of this Order or otherwise, that it has violated any statute or rule promulgated thereunder. The parties are entering into this Order to enable the activities described in or authorized by this Order to be implemented in an expedited manner without resort to litigation, which could delay such implementation. Therefore, itis ORDERED:DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 6 Approval Procedure 20. Subject to the provisions of paragraph 40 of this Order and applicable provisions of section 120.60, Fla. Stat, Respondent shall comply with the approval procedures below for the following submittals under this Order: i Monitoring Revisions ii, Zone of Capture Evaluation iii, Offsite Groundwater Monitoring Program Revisions iv. Corrective Action and Grouting Plan v. Remedial Summary Report vi. Hydrogeological and Geotechnical Site Investigation Plan vii. | Hydrogeological and Geotechnical Site Investigation Plan Final Report a The Department shall provide Respondent with its written approval, approval with conditions or modifications as a contingency of approval, or disapproval for any submittal, specification, or schedule submitted for Department approval pursuant to or required by this Order. b. Respondent shall revise any submittal, specification, or schedule in accordance with the Department's written comments within thirty (30) days of Respondent's receipt of the Department's written comments unless such comments specify an alternative due date, in which case Respondent shall submit to the Department any revised submittal, specification, or schedule in accordance with the due date specified by the Department. Revised submittals are also subject to approval, approval with conditions and/or modifications, or disapproval by the Department following these approval procedures. Any revised submittal that is not approved or is not approved with conditions and/or modifications is considered noncompliant with the terms of this Order; however, such noncompliance shall not be subject to the stipulated penalties specified under paragraph 27 of this Order.DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 7 c. Upon receipt of the Department's written approval, or approval with conditions and/or modifications, Respondent shall implement any approved work plan in accordance with the schedule and provisions contained therein, 21. Respondent shall comply with the following corrective actions within the stated time periods: Onsite Groundwater Monitoring a OnSeptember 21, 2016, Respondent submitted to the Department the proposed locations for two additional Upper (NWC-42-F1 and NWC-43-F1) and two additional Lower Floridan Aquifer monitoring wells (NWC-40-F2 and NWC-41-F2) (Proposed Monitoring Wells). The Proposed Monitoring Wells are intended to further verify, define, and monitor the extent of the zone of capture being induced by onsite groundwater production wells, and to provide for long-term groundwater monitoring locations that are regionally down gradient from the sinkhole location and between the South Phosphogypsum Stack and the western property boundary. On September 22, 2016, the Department approved the Proposed Monitoring Wells locations subject to the contingencies specified therein. Such approval and a corresponding figure is attached hereto and incorporated herein as Exhibit A. ‘The Respondent shall complete installation of the Proposed Monitoring Wells in accordance with Exhibit A. b. On August 29, 2016, Respondent began enhanced onsite groundwater quality monitoring activities under Department direction and oversight, which activities have been periodically expanded with Department approval since that time. Respondent has also submitted a revised monitoring plan, which is attached hereto and incorporated herein as Exhibit B, that includes the new wells identified in Exhibit A. Respondent shall implement the monitoring as specified on Exhibit B (collectively the Enhanced Groundwater Monitoring). Subject to subparagraph m., below, the Enhanced Groundwater Monitoring shall be performed by Respondent in addition to onsite groundwater monitoring as specified and required by the Respondent's Permit.DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 8 Offsite Groundwater Monitoring and Safe Drinking Water Requirements Respondent shall, as set forth below, provide for an Offsite Groundwater Monitoring Program. The program shall provide drinking water testing and monitoring from residential and other groundwater wells. The Offsite Groundwater Monitoring Program shall be conducted by a qualified third-party contractor and include laboratory services performed in accordance with the requirements of Chapter 62-160, Fla. Admin. Code. The Offsite Groundwater Monitoring Program shall collect and report groundwater quality results to property owners or occupants who are requesting to receive such monitoring in accordance with the standards as further specified herein. Ataminimum, the Respondent shall implement the Offsite Groundwater Monitoring Program as follows: i Notwithstanding the regional groundwater flow direction to the west in the Floridan Aquifer, the Respondent agrees that the Offsite Groundwater Monitoring Program shall be made available to property owners or occupants of properties located wholly or partially within a radius of four miles from the center of the sinkhole formation, upon the request of such property owners or occupants (Offsite Requesters). Under the Offsite Groundwater Monitoring Program, the drinking water wells shall be sampled and tested for the minimum field parameters of pH, conductivity, and turbidity (as a guide to sample collection), and the minimum laboratory parameters of sodium, sulfate, fluoride, total dissolved solids, and gross alpha activity. Where gross alpha activity is greater than 15 pCi/L, combined radium 226/228 shall also be analyzed and reported. ii, Based on the period during which an Offsite Requester requests (and does not subsequently discontinue) such monitoring, drinking water well sampling and reporting shall be performed: at least once during the period of August 29, 2016, through December 31, 2016; quarterly during the period of January 1, 2017, through December 31, 2017; and semiannually during the period of January 1, 2018, through December 31, 2018. iii, In addition to drinking water wells identified by Offsite Requesters, Respondent shall provide for and include in the Offsite Groundwater Monitoring Program sampling and reporting of the field and laboratory parameters identified in paragraph 21.c.i.DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 9 above, for those Supplemental Offsite Groundwater Wells as identified on Exhibit C, where access is provided by the corresponding well owners. The Supplemental Offsite Groundwater Wells on Exhibit C may be updated by the Department to address wells that are no longer available for sampling or where replacement wells are expected to provide representative monitoring results. Monitoring and reporting for Supplemental Offsite Groundwater Wells under the Offsite Groundwater Monitoring Program shall be performed at least semiannually during the period of January 1, 2017, through December 31, 2019. iv. Field and laboratory results shall be reported in writing, as applicable, to the Offsite Requesters, the owner of each Supplemental Offsite Groundwater Well, and in each case to the Department, as soon as feasible but in no case later than two weeks from completion of associated final laboratory reports. v. The Respondent shall submit to the Department an Offsite Groundwater Monitoring Program Revision, for review and approval by the Department, within seven days of any Department decision that process water from the WLI or any associated constituents are causing or contributing to offsite exceedances of drinking water quality standards where applied to groundwater samples, or are being transported so that they may cause or contribute to an exceedance of an applicable water quality standard for any groundwater or other offsite waters of the state. Such submittal hereunder shall propose a revised sampling and reporting program, which may include recommendations for sampling locations beyond the 4mile radius specified herein, revised program duration and sampling frequencies, and additional parameters based on the apparent rate of groundwater transport, the indicated water quality parameters, and the location of potential offsite groundwater or surface water receptors. vi. Subject to the provisions of Chapter 120, Fla. Stat, (a) In accordance with Chapter 62-780, Fla. Admin. Code, the Respondent shall be responsible for and perform applicable site assessment and rehabilitation requirements if the Department determines that the Discharge has resulted in an exceedance,DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 10 beyond the Facility’s property boundary, of applicable groundwater quality standards as set forth in Chapter 62-520, Fla. Admin. Code. (b) | Where the Department determines that water from any offsite drinking water well does not comply with applicable drinking water quality standards as a result of the Discharge, the Respondent shall provide for alternative drinking water supply or appropriate treatment to provide safe drinking water. These obligations shall continue until either water quality in the drinking water well affected by the WLI no longer exceeds applicable drinking water quality standards or a permanent alternative water supply is provided Recovery Well Operations d. Respondent shall maintain a backup power supply, provide for abackup replacement pump, and maintain operation of the P-4 recovery well, at aminimum monthly average operating rate of 3,500 gallons per minute, excluding periods of maintenance or a period of failure of the P-4 recovery well, to capture and recover released process water from the Facility’s South Phosphogypsum Stack. e. Within 120 days of the effective date of this Order, and quarterly thereafter for a period of one year and annually thereafter, Respondent shall submit to the Department for review and approval an updated “Zone of Capture Evaluation” based on groundwater monitoring and elevation data, and projected capture zones for the Facility. The evaluation shall, at aminimum, include measured groundwater elevations, derived flow and contour lines, and an assessment of the effectiveness of pumping rates for the on-site recovery wells, with any operational pumping rate recommendations as needed to maintain effective recovery until recovery efforts are no longer warranted. The recovery well operations shall be deemed to address the active remediation requirements under Fla. Admin. Code R. 62-780.700. No later than 48 hours from receipt of Department approval of any Zone of Capture Evaluation with a revised operational pumping rate recommendation, the Respondent shall operate the onsite production wells in accordance with any revised recovery rates as approved therein. The Respondent acknowledges that the management of recovered groundwater, andDEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 11 any wastewater or process water, from Respondent's operation of its onsite recovery wells must comply with applicable law. Standby Recovery Well £ On October 19, 2016, Respondent submitted to the Department, a proposal for the installation of an additional production well, designated as the P-5 recovery well, along with associated infrastructure and ancillary equipment necessary for its operation (copy of request attached and incorporated as Exhibit D). Such well is to be maintained as a standby recovery well in case of a failure of the P-4 recovery well that prevents its operation for a period of 7 days or more, or as recommended to supplement or replace onsite process water recovery operations in a Department approved Zone of Capture Evaluation. The Respondent shall ensure that the P-5 recovery well is available for use no later than 7 days from the beginning of any such failure of the P-4 recovery well, or where such use is recommended and approved as specified above. Respondent shall commence and complete installation of the P-5 recovery well, and critical associated infrastructure and ancillary equipment for its operation, no later than 75 and 150 days, respectively, from the effective date of this Order. Corrective Action and Grouting Plan § Within 15 days of the effective date of this Order, the Respondent shall submit a preliminary Corrective Action and Grouting Plan (CAGP) to the Department for review and comment, which shall include a list of actions Respondent has taken and is taking in preparation to initiate CAGP work. Within 30 days thereafter, Respondent shall submit for review and approval the final CAGP addressing Department comments. At aminimum the CAGP shall: i, be certified by a third-party engineer licensed to practice in the State of Florida with experience in geotechnical engineering; ii, identify the methods for determining expected extent and configuration of the sinkhole formation; iii, provide proposed phosphogypsum stack preparation, construction, stabilization, grouting, and other repair activities, and an associated implementation schedule;DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 12 iv. include a detailed design configuration for completing work under the CAGP, where the West Cell of the South Phosphogypsum Stack shall not be utilized for process water storage or continued stacking operations without prior written authorization from the Department, except for the deposition of gypsum necessary to support ongoing corrective actions and work under the CAGP; and v. specify other necessary activities, specifications, or requirements that, in the opinion of the certifying engineer, are essential or recommended for the performance, testing, and verification of the long-term effectiveness of the proposed corrective actions and grouting to seal the breach in the confining unit or units associated with the WLI and the sinkhole described in paragraph 14 of this Order, as needed to restore the permitted vertical zone of discharge for the Facility, thereby protecting underground sources of drinking water. Once approved by the Department, the implementation schedule for the CAGP may only be changed where approved by the Department in writing. The Respondent's CAGP, once approved by the Department, shall satisfy the site rehabilitation requirements set forth in Chapter 62-780, Fla. Admin. Code. Respondent shall take action and timely complete those corrective actions, grouting, and other repairs as specified in accordance with the approved CAGP. Financial Assurance h Financial Assurance shall be provided as follows: i, Within 30 days of the effective date of this Order, the Respondent agrees to provide a demonstration of financial assurance, in an amount of not less than$ 40 million, using one or more of the types of mechanisms identified under Fla. Admin. Code R. 62-673.640(4), for the performance of work under the CAGP, and the Offsite Groundwater Monitoring Program specified in paragraphs 21.c4. through 2L.c.v. Financial assurance supporting the CAGP shall be maintained until such time as the Remedial Summary Report has been received and approved by the Department. Financial assurance supporting the Offsite Groundwater Monitoring Program shall be maintained until such time as RespondentDEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 13 completes those activities hereunder. If Respondent's cost estimate for such activities still to be performed exceeds the actual amount of financial assurance provided hereunder, the Respondent shall increase the amount of financial assurance hereunder provided to equal or exceed the amount of the cost estimate within 7 days of becoming aware of the higher cost estimate. ii, Inthe event Respondent must undertake work pursuant to paragraph 21.cwvi,, above, Respondent shall provide a cost estimate for such activities to the Department, and within 30 days of the Department's approval thereof, the Respondent agrees to provide a demonstration of financial assurance, in an amount of not less than the approved cost estimate, using one or more of the types of mechanisms identified under Fla, Admin. Code R. 62-673.640(4), for the performance of such work. i. Prior to the planned demobilization of equipment for completion of the grouting work under the CAGP, the Respondent shall provide the Department with, preliminary completion documentation at a meeting to review the extent to which activities have effectively completed grouting operations in accordance of the CAGP. Within 5 working days from such a Department meeting or similar review, the Department shall advise the Respondent whether or not the Department concurs that the preliminary completion documentation indicates that the grouting work under the CAGP has been effectively completed. If the Department does not concur with the preliminary documentation, the Department will specify the additional documentation that is necessary to determine that the grouting work under the CAGP has been effectively completed. j. Within 5 business days of the demobilization by the grouting contractor, the Respondent shall notify the Department, in writing, of the date of completion of grouting activities and demobilization of the grouting contractor (the Demobilization Date). k. Subject to paragraph m. below, Respondent shall continue providing Enhanced Groundwater Monitoring results from onsite monitoring wells at the frequency and for the parameters and locations described by paragraph 21.b. The onsite monitoringDEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 14 frequencies, parameters, and locations described by paragraph 2b. may only be modified where such changes are approved by the Department in writing. Remedial Summary Report 1. Respondent shall provide the Department with a written report summarizing the activities taken to implement the CAGP (“Remedial Summary Report”). The Remedial Summary Report shall be prepared by a third-party engineer, licensed to practice in the State of Florida, who shall oversee the activities and shall include, at aminimum, documentation of the activities conducted, water level and water quality results associated with the sinkhole release and follow-up activities, a final determination of the quantity of process water released, as-built drawings showing the completed works, and engineering recommendations, if necessary, for future modifications or other follow-up activities to be conducted for the Facility. The Respondent shall submit the Remedial Summary Report for Department review and approval within 90 days of completion of work under the CAGP. Monitoring Revisions m. Within 30 days following the Department's approval of the Remedial Summary Report, the Respondent shall submit a proposed modification to the Department to incorporate revised water quality monitoring and reporting standards under the Permit (Monitoring Revisions). Such proposed Monitoring Revisions shall specify those additional groundwater monitoring locations, water quality parameters, and frequencies to be incorporated as part of the groundwater monitoring plan requirements under the Permit. The proposed Monitoring Revisions shall provide representative long-term monitoring of groundwater quality and hydrogeological conditions related to the sinkhole and subsequent remediation, Subject to the provisions of Chapter 120, Fla. Stat, the proposed Monitoring Revisions, once approved, shall be incorporated into the Permit monitoring requirements by the Department. 22. Inaddition to the corrective actions specified herein, the Respondent shall also comply with the following provisions as a condition of this Order:DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 15 Hydrogeological and Geotechnical Site Investigation Plan for the Facility a Within 60 days of the Department's approval of a Remedial Summary Report, the Respondent shall submit to the Department for review and approval, a Hydrogeological and Geotechnical Site Investigation Plan (HGSIP) to evaluate the potential risk of failure beneath the South Phosphogypsum Stack at the Facility. It shall include proposed techniques, methods, or technologies to locate potential zones of weakness, solution cavities, erosion features or other subsurface anomalies beneath the South Phosphogypsum Stack at the Facility that may cause or contribute to unstable areas or a surface cover collapse (ie,, sinkhole). The HGSIP shall include a review of all original site characterization and geotechnical evaluations performed for the permitting of the lined South Phosphogypsum Stack System at the Facility, including but not limited to historical aerials or other information in relation to known sinkhole features, photolineaments, monitoring well information, and soil boring information. The HGSIP shall also include any subsequent data that may be relevant to evaluate the potential risk for subsurface collapse beneath continued active operation areas within the Respondent's phosphogypsum stack systems. b. Notwithstanding the prior geotechnical evaluations that were submitted to the Department in support of the permitting for the Phase I and Phase II expansions for the South Phosphogypsum Stack at the Facility, the sinkhole formation represents an unstable area that has occurred since approval of the prior evaluations. Accordingly, the Respondent agrees that its HGSIP shall also incorporate those Hydrogeological and Geotechnical Investigation requirements of Fla. Admin. Code R. 62-701.410(2)(a), 62-701.410(3), 62-701.410(4), and 62-701.410(5), that are applicable for the existing Facility. ¢. The HGSIP shall include a timeline for implementation of the plan activities, including submittal of a final report (the Hydrogeological and Geotechnical Site Investigation Plan Final Report or HGSIP Final Report), for review and approval by the Department under the provisions of this Order. The HGSIP Final Report shall include recommendations, including a proposed implementation schedule for any needed actions or needed engineering measures, based on the hydrogeological and subsurface conditions,DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 16 including any additional information resulting from the work required inb. above for continued operation of an active phosphogypsum stack system, including any limitations, recommendations, or any other engineering provisions that may be necessary for monitoring and maintaining safe active stacking operations. Any needed actions or engineering measures resulting from recommendations in the Department approved HGSIP Final Report for the Facility shall be implemented in accordance with an appropriate subsequent Department authorization. Additional Hydrogeological and Geotechnical Site Investigation Plans d. Inaddition to the HGSIP required in a. above, within 90 days from the Department's approval of the HGSIP Final Report for the South Phosphogypsum Stack System, the Respondent shall prepare and submit a consolidated HGSIP, addressing the HGSIP provisions specified ina. above, for each of the active stacking areas at the Respondent's phosphogypsum stack systems at the Bartow, Riverview, and Plant City, Florida facilities. The consolidated HGSIP shall include a timeline for implementation of plan activities, routine progress reporting, and submittal of HGSIP Final Reports for each of the active stacking areas specified above. The consolidated HGSIP shall be submitted for Department review and approval under the provisions of this Order. The HGSIP Final Report for each active stacking area shall include recommendations, including a proposed implementation schedule for any needed actions or engineering measures, based on the hydrogeological and subsurface conditions, including any additional information resulting from the work required inb. above, for continued operation of an active phosphogypsum stack system, including any limitations, recommendations, or any other engineering provisions that may be necessary for monitoring and maintaining safe active stacking operations. Any needed actions or engineering measures resulting from recommendations in the Department approved HGSIP Final Report for the respective active stacking areas, at the Bartow, Riverview, and Plant City, Florida facilities, shall be implemented in accordance with an appropriate subsequent Department authorization.DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 17 23. Every calendar quarter after the effective date of this Order until the Remedial Summary Report is approved hereunder, and continuing once per calendar year thereafter until all actions under this Order have been successfully completed, Respondent shall submit in writing to the Department a progress summary report containing information concerning the status and progress of projects being completed under this Order, information concerning compliance or noncompliance with the terms of this Order including construction requirements and effluent limitations, and any reasons for noncompliance. These reports shall also include a projection of the work to be performed pursuant to this Order during the 12- month period which will follow the report. Respondent shall submit progress summary reports to the Department within 45 days of the end of each applicable calendar quarter or calendar year reporting period. 24. Notwithstanding that the requirements of paragraphs 21, 22, and 23 may be subsequently incorporated into a Department permit, this Order is not a permit or modification of any permit under federal, State, or local law, or regulation. Final incorporation of such requirements into an alternate order enforceable by the Department, or into a Department permit, shall serve to supersede and satisfy such obligation under this enforceable Order, as of the date of such final incorporation. 25. The Respondent shall be responsible for the performance of the corrective actions required herein, including oversight of such actions and any decisions made in the field by the Respondent or its representatives, to ensure such performance of work herein is consistent with the plans, work plans, or submittals approved by the Department pursuant to this Order. Inany case where there are substantial deviations from an approved plan, or where circumstances arise that pose an immediate threat to health or the environment, the Respondent shall notify the Department within 24 hours of such discovery and provide a written summary of the deviations or circumstances to the Department within five business days. Applicable portions of technical documents submitted by the Respondent to the Department shall be signed and sealed by a professional engineer registered pursuant to Chapter 471, Fla. Stat, or a professional geologist registered pursuant to Chapter 492, Fla. Stat.,DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 18 certifying that the applicable portions of the technical document and associated work comply with standard professional practices, this chapter and other rules of the Department, and any other applicable laws and rules governing the profession. 26. Within 30 days of the effective date of this Order, Respondent shall pay $177,000.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Order. The Department acknowledges and confirms that the $177,000.00 shall not be deemed to be a civil penalty. 27. Respondent agrees to pay the Department stipulated penalties in the amount of $1,000.00 per day for each and every day Respondent fails to timely comply with any of the requirements of paragraphs 21a. through 2Lf, 21h. through 21.m,, 22, and 23 of this Order unless an extension is agreed upon in writing. Respondent agrees to pay the Department stipulated penalties in the amount of $2,000.00 for days 1 through 14, $5,000.00 for days 15 through 30, and $10,000.00 each day beyond 30 days for each and every day Respondent fails to timely comply with any of the requirements of paragraph 21.g of this Order unless an extension is agreed upon in writing. The Department may demand stipulated penalties at any time after violations occur. The Department, in its sole discretion, may waive any stipulated penalties. The decision to waive or not waive stipulated penalties shall not be subject to review under Chapter 120, Fla. Stat,, by Respondent. Any such waiver with respect to any violation shall not be construed as a waiver of the Department's rights to stipulated penalties with respect to any other violation. Respondent shall pay stipulated penalties owed within 30 days of the Department's issuance of written demand for payment, and shall do so as further described in paragraphs 28 and 29, below. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Order. Any stipulated penalties assessed under this paragraph shall be in addition to Department costs agreed to in paragraph 26 of this Order. 28. Respondent shall make all payments required by this Order by cashier's check, corporate check, or money order. Payment instruments shall be made payable to theDEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 19 Department of Environmental Protection and shall include both the OGC number assigned to this Order and the notation Water Quality Assurance Trust Fund. 29. Exceptas otherwise provided, all submittals and payments required by this Order shall be sent to: Phosphate Management Program, attention Vishwas Sathe, Program Administrator or successor, Department of Environmental Protection 13051 N Telecom Parkway Temple Terrace, Florida 33637-0926, and with two copies of submittals other than payments sent to: the Division of Water Resource Management to the attention of Elsa Potts, Program Administrator or successor, and John Coates, Director or successor; and the Division of Waste Management to the attention of Tim Bahr, Assistant Director or successor, Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400. and with one copy of submittals other than payments sent to: Alan Annicella, Acting Section Chief or successor, Hazardous Waste Enforcement and Compliance Branch, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303 Electronic mail, for submittals other than payments, may be provided in lieu of paper where appropriate. 30. Respondent shall allow all authorized representatives of the Department access to the Facility and the Property at reasonable times for the purpose of determining compliance with the terms of this Order and the rules and statutes administered by the Department. 31. Inthe event of asale or conveyance of the Facility or of the Property upon which the Facility is located, if all of the requirements of this Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the Facility or Property, (a) notify the Department of such sale or conveyance, (b) provide the name and address of theDEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 20 purchaser, operator, or person(s) in control of the Facility, and (¢) provide a copy of this Order with all attachments to the purchaser, operator, or person(s) in control of the Facility. The sale or conveyance of the Facility or the Property does not relieve Respondent of the obligations imposed in this Order. 32. Ifany event, including administrative or judicial challenges by third parties unrelated to Respondent, occurs which causes delay or the reasonable likelihood of delay in complying with the requirements of this Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by Respondent's due diligence. Neither economic circumstances nor the failure of a contractor, subcontractor, materialman, or other agent (collectively referred to as contractor) to whom responsibility for performance is delegated to meet contractually imposed deadlines shall be considered circumstances beyond the control of Respondent (unless the cause of the contractor's late performance was also beyond the contractor's control). Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department by the next working day and shall, within seven calendar days notify the Department in writing of (a) the anticipated length and cause of the delay, (b) the measures taken or to be taken to prevent or minimize the delay, and (¢) the timetable by which Respondent intends to implement these measures. If Respondent demonstrates and the Department agrees that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended for a period equal to the agreed delay resulting from such circumstances. The agreement to extend compliance must identify the provision or provisions extended, the new compliance date or dates, and the additional measures Respondent must take to avoid or minimize the delay, if any. Failure of Respondent to comply with the notice requirements of this paragraph in a timely manner constitutes a waiver of Respondent's right to request an extension of time for compliance for those circumstances.DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 21 33. Based in part on representations from the Respondent, the Department has determined that the sinkhole was a result of circumstances beyond the control of the Respondent at an otherwise lined phosphogypsum stack system; therefore, the Department is not seeking civil penalties that might otherwise accrue related to the violations alleged in paragraphs 18 and 19 of this Order. Should those representations prove inaccurate or incomplete, or Respondent fails to complete and timely perform all of its obligations agreed to in this Order, the Department reserves the right to seek and assess civil penalties for violations alleged in paragraphs 18 and 19 of this Order. 34, This Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Order is nota settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. Entry of this Order does not relieve Respondent of the need to comply with applicable federal, state, or local laws, rules, or ordinances. Respondent's fulfillment of its obligations hereunder resolves the violations alleged or which could have been alleged based on the events, facts, and circumstances set forth in this Order. 35. The Department hereby expressly reserves the right to initiate appropriate legal action to address any violations of statutes or rules administered by the Department that are not specifically resolved by this Order. In the event that the Department takes any such legal action, Respondent reserves all its rights and defenses to challenge or respond to such action as provided by applicable law. 36. Respondent is fully aware that a violation of the terms of this Order may subject Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per violation, and criminal penalties. 37. Respondent acknowledges and waives its right to an administrative hearing pursuant to sections 120.569 and 120.57, Fla. Stat,, on the terms of this Order. Respondent also acknowledges and waives its right to appeal the terms of this Order pursuant to section 120.68, Fla. Stat.DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 22 38. No modifications of the terms of this Order will be effective until reduced to writing, executed by both Respondent and the Department, and filed with the clerk of the Department. 39. The terms and conditions set forth in this Order may be enforced in a court of competent jurisdiction pursuant to sections 120.69 and 403.121, Fla. Stat. Failure to comply with the terms of this Order constitutes a violation of section 403.161(1)(b), Fla. Stat. 40. Unless otherwise specified herein, Respondent has the right to challenge any final agency action, including any determination by the Department hereunder, pursuant to Chapter 120, Fla. Stat. At the election of either the Respondent or the Department, the Respondent and Department shall schedule an informal meeting to attempt a good faith resolution of any disputes that may arise under decisions made hereunder; thereafter, to the extent the Respondent or the Department remains aggrieved, the aggrieved party may elect mediation proceedings before aneutral arbitrator selected by the Respondent and the Department. Should mediation not result in settlement of any such dispute, Respondent reserves the right to proceed pursuant to Chapter 120, Fla. Stat. 41. This Order is a final order of the Department pursuant to section 120.52(7), Fla Stat,, and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Fla Stat. Upon the timely filing of a petition, this Order will not be effective until further order of the Department. 42. Respondent shall publish the following notice in a newspaper of daily circulation in Hillsborough and Polk Counties, Florida. The notice shall be published one time only within 15 days of the effective date of the Order. Respondent shall provide a certified copy of the published notice to the Department within 10 days of publication.DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 23, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF CONSENT ORDER ‘The Department of Environmental Protection (Department) gives notice of agency action of entering into a Consent Order (Order) with Mosaic Fertilizer, LLC (Mosaic) pursuant to section 120.57(4), Fla. Stat. The Order requires actions to protect underground sources of drinking water following the unauthorized discharge of process water from fertilizer manufacturing facilities at the New Wales site via a sinkhole formation. The Order requires Mosaic to complete remedial activities to seal the sinkhole opening, recover process water constituents, and to provide onsite and offsite monitoring, and related follow-up activities to address the unauthorized discharge of process water, thereby protecting underground sources of drinking water. This Order also requires that Mosaic conduct additional hydrogeological and geotechnical site investigations at its New Wales site and its other active phosphogypsum stack systems inFlorida. The Order is available for public inspection during normal business hours, 8:00 am. to 5:00 p.m, Monday throughFriday, except legal holidays, at the Department of Environmental Protection, Division of Water Resource Management, Phosphate Management Program, 13051 N. Telecom Parkway, Temple Terrace, FL 33637-0926. Persons who are not parties to this Order, but whose substantial interests are affected by it, have a right to petition for an administrative hearing under sections 120.569 and 120.57, Fla. Stat. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Order means that the Department's final action may be different from the position it has taken in the Order. ‘The petition for administrative hearing must contain all of the following information: a) The OGC Number assigned to this Order; b) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitiones’s representative, if any, which shall be the address for service purposes during the course of the proceeding;DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 24 ©) Anexplanation of how the petitioner's substantial interests will be affected by the Order; d) Astatement of when and how the petitioner received notice of the Order; e) Either a statement of all material facts disputed by the petitioner or a statement that the petitioner does not dispute any material facts; £) Astatement of the specific facts the petitioner contends warrant reversal or modification of the Order; g) Astatement of the rules or statutes the petitioner contends require reversal or modification of the Order; and hh) Astatement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Order. The petition must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the Department of Environmental Protection, Division of Water Resource Management, Phosphate Management Program, 13051 N. Telecom Parkway, Temple Terrace, FL 33637-0926. Failure to file a petition within the 21-day period constitutes a person’s waiver of the right to request an administrative hearing and to participate as a party to this proceeding under sections 120.569 and 120.57, Fla. Stat. Before the deadline for filing a petition, a person whose substantial interests are affected by this Order may choose to pursue mediation as an alternative remedy under section 120.573, Fla, Stat. Choosing mediation will not adversely affect such person's right to request an administrative hearing if mediation does not result ina settlement, Additional information about mediation is provided in section 120.573, Fla. Stat. and Fla, Admin, Code R, 62-110.106(12). 43, The Respondent may notify the Department of its good faith belief that its obligations under this Consent Order and Chapter 62-780, Fla. Admin. Code, have been met.DEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 25 Upon such notification and the submission of a Site Rehabilitation Completion Report (SRCR) with aNo Further Action Proposal pursuant to Fla. Admin. Code R. 62-780.750(6), the Department shall determine whether the Consent Order and the Risk Management Options in Fla, Admin. Code R. 62-780.680 have been met with respect to the Discharge outside the permitted vertical zone of discharge. If the Department concurs that the Consent Order and Risk Management Options have been met, it will issue a Site Rehabilitation Completion Order, and close the enforcement file opened in this case. If the Department does not concur, the Department reserves the right to enforce the terms of the Consent Order or to take whatever other actions it deems appropriate. 44, Fla. Admin, Code R. referenced in this Order are available at hitp:// www.dep.state.fl.us/legal/Rules/rulelistnum.hbn. Exhibits Incorporated herein: Exhibit A’ September 22, 2016, Department approved Proposed Monitoring Well Locations Exhibit B: Enhanced Groundwater Monitoring ExhibitC. Supplemental Offsite Groundwater Wells Exhibit D: _P-5 Recovery Well Installation REMAINDER OF PAGE INTENTIONALLY LEFT BLANKDEP vs. Mosaic Fertilizer, LLC Consent Order, OGC No. 16-1356 Page 26 FOR MOSAIC FERTILIZER, LLC x. tof 2¢/2u6 Walt Precourt Senior Vice President - Phosphates Mosaic Fertilizer, LLC DONE AND ORDERED this 24 day of OC+obex_, 2016, in Leon County, Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Aida ch CH — Paula L. Cobb Deputy Secretary for Regulatory Programs Filed, on this date, pursuant to section 120.52, Fla. Stat., with the designated Department Clerk, receipt of which is hereby acknowledged. baa False _10/24/u, Copies furnished to: Lea Crandall, Agency Clerk Mail Station 35Department Approved Monitoring Well Locations Mosaic Fertilizer, LLC New Wales WU From: Sethe, Vishwa: 1 el - Fishbowl ce: ‘elecson, Dav 8 Fsheswky Baia, chan A. New Wales; Vo, Phong - FishHawk; van dar Voor, Patch - ‘Bymouth; Sadiepadhvay.subrata - Heheisny Kine, Joseph - New Wale; Leh, Scott A Riverewy Fulhan ‘Grown; Colwitze. Jeff A- FishHawk; Broomfield, Data [ew Wales: Juan, Mshae- FshbiksCoats Subject: RE: Proposed ‘vidan Aquifer Well Locations Date: Thursday, Seyember 22,2016 11:16:35 AM Attachments: ino=002.0n9 ‘magc003.on0 Neil, The Department has received your proposal, submitted via email on September 21, 2016, for the inclusion of additional wells to monitor onsite ground water conditions following the release of process water through the sinkhole beneath the Phase II West call f the Now Wales South Stack. The proposal was prepared by Ardaman and Associates, Inc., on behalf of Mosaic and has been attached to this correspondence for reference. The proposed well locations are intended to provide additional assurance that process water associated with the sinkhole release is being captured and contained onsite over the long term by pumping of the recovery well P-4, We sincerely appreciate the time and effort provided in discussing the proposal and associated monitoring efforts with the Department on the afternoon of September 21. Based upon review of the submittal, the proposed well installations are approved contingent on the following conditions: + Once successfully developed and installed, the wells identified as NWC-40-F2, NWC-41-F2, NWC-43-F1, and NWC-43-F 1, will be included in the facility's approved ground water monitoring plan (GWMP). They shall be monitored for the same parameters and frequency of sampling as the existing wells. ‘+ Mosaic shall mobilize initial drilling equipment and crew to the site for installation of the wells identified above as soon as possible, but no later than 21 days of this approval. We also appreciate the information provided ona planned additional backup production well and understand that Mosaic shall initiate permitting efforts with the Southwest Florida Water Management District for inclusion of the proposed production well P-5 in the facility's water use permit. Please keep the Department apprised on the permitting progress for this well. Upon inclusion of the production well in the water use permit, please provide a timeframe for installation of the well and associated infrastructure to allow for its future operation. We appreciate your time and efforts in developing this proposal for the additional monitoring wells. If you have any questions regarding the above please do not hesitate to contact me. Sincerely,Vish ‘Vishwas Sathe Environmental Administrator DEP Division of Water Resource Management 13051 North Telecom Parkway Temple Terrace, Florida 33637-0926 Office: 813.470.5909 Cell: 813.477.8253 Please Note: Florida has avery bioad public records lav. Most writen communications to orfrom state officials regarding state business are public records available to the public and media upon request. Youre ‘mail communications may therefore be subject to public disclosure, SIGN UP FOR THE NEW EDMR: Did you know you can submit your Wastewater DMRs online using our newly enhanced eDMR Sysiem? To sign up to use DMR and learn more, please visit us online at the following web addzess: httpy/edmrdep state flus. aay Help save our precious natural resources, please don't print this e-mail unless necessary. From: Beckingham, Neil - FishHawk [mailto:Neil Beckingham@mosaicco.com] Sent: Wednesday, September 21, 2016 10:58 AM To: Sathe, Vishwas Ce: Jellerson, David B - FishHawk ; Baig Ghani A- New Wales ; Vo, Phong - FishHawk ; van der Voorn, Patrick - Plymouth ; Bandyopadhyay, Subrata - FishHawk ; Kline, Joseph - New Wales. ; Lehr, Scott A - Riverview ; Fuleihan, N (Priority) ; Golwitzer, Jeff A- FishHawk ; Broomfield, Dara J - New Wales ; Jordan, Michael - FishHawk Subject: FW: Proposed Floridan Aquifer Well Locations Vish Please find below an email from aur Geotechnical consultants with attachments These proposed Floridan Aquifer well locations are what Mosaic is proposing, based on Ardaman's recommendations. We look forward to discussing with you further, Regards - Neil | Neil Beckingham | Director, EHS Operations Phosphates‘Magete | ne wos compony | 13090 Gus Costing ove Lui, Ponda 3354 PaMPeRs SPF LSU SSP BASH i mdeacd Sct From: Fuleihan, N (Priority) {mailto:NFuleihan@ardaman.com] Sent: Tuesday, September 20, 2016 10:38 PM To: van der Voorn, Patrick - Plymouth ; Jellerson, David B - FishHawk : Beckingham, Neil - FishHawk Subject: Proposed Floridan Aquifer Well Locations The attached Figure 1 presents the proposed location for the new Floridan Aquifer wells, and Figure 2 shows the location of these wells relative to all other existing Floridan Aquifer wells at the site. These locations have been reviewed with and approved by the Mosaic team so this transmittal can now be relayed to the FDEP for their approval The proposed wells in Figure 1 consist of 1. Two 700-ft+ deep Floridan Aquifer wells designated NWC-40-F2 and NWC-41- F2 located due south and along the same N-S trending alignment as existing Floridan Aquifer deep monitor wells NWC-31-F2 and NWC-32-F2 (see Figure 2). The new wells would use the same design as NWC-31-F2 and NWC-32- F2 and would be sampled for water quality. These series of 4 wells (2 existing and 2 proposed) are located beyond the zone of capture of the plant production (and standby production) wells to confirm that the water quality at these downgradient locations well within Mosaic property is not impacted, and that the plume is being effectively captured by the plant recovery wells. 2. Two 350-ft+ relatively “shallow’ Floridan Aquifer wells designated NWC-42-F1 and NWC-43-F 1 located in accessible locations at the southwest and southeast corners of Phase Il (corresponding to the northwest and northeast comers of the future Phase Il extension) that would be used to confirm the measured ZOC of P4, and would also be available for water quality sampling should the need arise. The design of these wells would be consistent with that of other F1 wells at the site 3. Finally, we have shown a proposed location for Future Standby Production Well P-5 that could be installed as a precautionary measure at a later date in conjunction with the Phase il extension permitting, The ZOC of this future well would encompass the Phase II lined stack and all of the Phase Il and Phase IV future stack extension foatprints. This standby production well will be installed at a later date. Its zone of capture is depicted in Figure 3 and itis, located upgradient of praposed monitor wells NWC-40-F2 and NWC-41-F2 | trust that the FDEP will find the proposed well locations responsive to their request and that Mosaic could then proceed with selection of a Contractor for the wellinstallations. Thanks Nadim F. Fuleihan, Sc.D., P.E President, Senior Consultant Ardaman & Associates, Inc, Tel: 407-855-3860 Cell: 407-467-1180 ‘This message may include confidential. proprietary ot legally privileged information. Any dissemination or use ofthis information by anyone other than the intended recipient i sticty prohibited. fyou have received ths message in error, pleaze advise the sender by reply e-mail, and then delete this message and any attachment from your system.EXHIBIT B ‘Mosaic Fertilizer, LLC New Wales WLI ENHANCED GROUNDWATER MONITORING PROGRAM Groundwater | pH | Conductivity | Sodium | Sulfate | TDS Fluoride | Turbidity | Gross | Depthto ‘Well Alpha ‘15 | Water NWCP-3 Dally | Dally Daily [Daily [Daly [Daily | Daily Every two weeks NWC-P= Daly Daily Daily___| Dally Every wo weeks KFDP-2 Weekly NWOT Weekly | Weekly Weekly | Weekly Monthly | Weekly NWO TZ Monthly | Monthly Monthiy_| Monthly Wonthiy NWO Ta Monthly | Monthly Monthly | Monthly Monthly | Monthiy NWO SFT Weekiy NWO EFA Weekly NWOTSFT | Monthly | Monthiy Monthly | Monthiy Monthly | Weekly NWC-TEFT | Weekly | Weekly Weenly_| Weekly Monty _| Weekly NWO TEI | Monthly | Monthiy Monthly [Monthly Monthly NWOTSF1 | Weekly | Weekly Weekly | Weekly Monthly | Weekly RWC TET | Monthy] Monthy Monihiy_| Monthly Wonthiy NWO TEFT Weekly NWCTT-FT Weekly NWOTEFT Weekly NWOTSFA Weekly NWCIEST | Monthly | Monthy Monthiy_| Monthly Wonthiy NWO DEST _| Monthly | Monthly Monthly [Monthly Monthly NWO 2st Monthly | Monthly Monthly | Monthiy Monthly NWO ZEST | Monthly | Monthly Monthiy_| Monthly Wonthly NWC-261T | Monthly | Monthly Monthly | Monthiy Monthly | Monthiy NWO SFI | Weekly | Weekly Weenly_| Weekly Every wo | Weekly weeks NWO SIF | Weekly | Weekly Weenly_| Weekly Every wo | Weekly weeks NWOSEFI__| Weekly | Weekly Weekly | Weekly Monthly | Weekly NWO 34ST | Monthiy | Monthly Monthly | Monthiy Monthly NWO SEIT Monthly | Monthly Monthiy_| Monthly Monthly | Monthly NWO 3E-S1 | Monthly | Monthly Monthly | Monthiy Monthly NWCSEST | Monthy | Monthly Monthiy_| Monthly Wonthly NWC-36-1 | Monthiy | Monthly Monthly [Monthly Monthly NWO 37-81] Monthly | Monthly Monthly | Monthiy Monthly NWC-OFI> | Weekly | Weekly Weenly_| Weekly Every wo | Weekly weeks Pagel.EXHIBIT B ‘Mosaic Fertilizer, LLC New Wales WLI ENHANCED GROUNDWATER MONITORING PROGRAM Groundwater | pH | Conductivity | Sodium | Sulfate | TDS Fluoride | Turbidity | Gross | Depthto ‘Well Alpha ‘15 | Water NWC-41-FI™ | Weekly | Weekly Weexly | Weekly Every two | Weekly weeks NWC-ELFT™ | Weekly _| Weekly Weenly_| Weekly Monthly _| Weekly NWC-ESFT™ | Weekly | Weekly Weekly | Weekly Monthly | Weekly Notes: development *Where gross alpha activity is greater than 15 PCi/L, combined radium 226/228 shall also be analyzed and reported * Parameters to be sampled and analyzed at the frequency indicated upon completion of well construction and Page2Supplmentlotsite Groundvater Wels Nee wakes Wat ‘otal Depth elation quite ste 0 tame tatiude _torgiute (feats) _ (Mt) presented agency 27857 ROMPas U ARCS 20, MONITOR vaay.2 02003320 a wus swwewna 37840 pOMPas UFLDN AQ (TMPASWHN) MONITOR 2744 270 £208 3320 Sa 202 Upperras swewno 437842 MoBILOML cone 8D- FLOW vr aasea7 #2025473 sos 107 Upperras—ros/swewnn 437850 CE RUTHLAND fs) ATT 27875008 12071329 ss ous reos/swewnn 37860 5 AMASTEN (HR) vasa 206122 mo 2s reos/swewnn 71285 Taw schtso UPPER FLOM 7510066 #2082272 90s a0 Upperras Tow sruasa Taw scrap FLow sama 92022820 900 s10 Upperras Tow 71297 Taw scei-6 UPPER FLOM vas 2499 92002158 s10 so Upperras Tow 712262 BRADLEY JUNCTION 2 FLOM parsax e1502252 550130 Upperas —es/usos 762709 ROMP sosuRE £0, NONTOR 2537.0 01505660 2 a2 sas swvewnan 77756 ROMP 60 U ADH 20 {SWHN MOMTTOR msaz2s s1sesess sto 402 Uppertas wean 2asor foNP 455 (PRIM woot) SURF Aa. MONITOR varasz2 015343 2 noms swwewna 599857 ROMP 45.5 U FLON £0, MONITOR vr aras7e 01532406 39270 Uppertas.—swrwao 6a1559 noMPAss UARCA £0, MONITOR var aaa 015302 a1 wows swwewna sas surfiataquitersjstem us intermediate aqufersystem LUpperAS upper Horlanaquiersystem as below td surace ust mean cea kvl * feet ‘Oumar Contact and Reporting information: Abbreviation Agency Name ‘Agency Contact person _ agency Phone number _ agency Eri |MWFWMO — Southwert fora Water Hamagenen DEVE? Catherime wollen 24885-7481 x2115 catherine naMlen@awtral Tate TL mw Tampa say water ohn Trout 7777962355 4511 _jrouttgtampabayvatercom 0s DEP Fora Geobgialsuney Cindy Facer ssoai7-on9 indy fechler@depstae fs| Westar oh | Boy) wets P vance 4 ; Se ‘ pour Sources: Esn, HERE, DeLorme, USGS, Infermap. increment Corp. -NRGAN-Estreapar- MEN“ EST CP (HON KENg), EST (THAT), Napmylndia, 2 OpenSteeiMap cortibuter, and the GIS User Community = SAS County lines AN oe @ © Upper Fas 5 25 0 5 Miles — eeEXHIBIT D Mosaic Fertizer, LC Tel- 813-500-6462 ic 19990 Gvea Crossing Fax- 818-571-6920 Lithia, FL 33547 October 19, 2016 Via E-mail Mr. John Coates. P.E. Division of Water Resource Management Florida Department of Environmental Protection 2600 Blair Stone Road, MS 4500 Tallahassee, FL 32399-2400 Subject: South Gypsum Stack ~ Phase I West Compartment Water Loss Incident (WLI) Mosaic New Wales Facility P-5 Production Well Proposed Installation Dear Mr. Coates: Mosaic Fertilizer, LLC (Mosaic), provides the following information to the Florida Department of Environmental Protection (Department) regarding the proposed installation of a new production well (P-5) at the New Wales Facility in Mulberry. The PS well will be installed at the location shown on the attached Figure. The specifications of the Proposed P-5 Production well installation are as follows: Location: Northing 1261680.7197; Easting 640344.4268 40” bore hole drilled for surface casing installation from approximately 0” to 80° Installation of 36” diameter standard wall steel surface casing from approximately 0° to 80° Cement Grout emplaced for surface casing (Type Il) 20” pilot hole drilled for primary casing from approximately 80° to 300° 36” holed reamed for primary casing from approximately 80° to 300° Installation of 24” diameter primary casing (fiberglass) from approximately 0” to 300° Cement Grout emplaced for primary casing (Type II) 24” open bore hole drilled from approximately 300° to 750° Well development will occur following completion of installation Exact configuration of well and depth cannot be determined until drilling, as they will be dependent on geology. Notes: (1) The location of the well may need to be adjusted slightly to accommodate equipment and drill rig positioning. (2) Core sampling will be performed from approximately 250° to 300’ BLS. (3) The depth of casing methods and depth of open bore hole are subject to change pending results of coring activities to observe the depth to Tampa Clay and Suwannee Limestone (stratigraphy may be different)Upon completion of well installation, Mosaic will install certain infrastructure which will include a concrete pad to accommodate an electric pump (specifications to be provide at a later date). Please note that the specifications of the pump, piping and power feed are still in the engineering evaluation and review phases and are subject to change. If you have any questions or need any additional information regarding this submittal and information, please contact. me at (813) 500-6442 or via neil. beckingham@mosaicco.com, Sincerely, > ne Neil Beckingham Director, EHS Operations Phosphates Attachment: Figure — Proposed Production Well P-5 Ce: Vishwas Sathe - FDEP George Sharrock - FDEP Scott Lehr ~ Mosaic ‘Subrata Bandy — Mosaic Ghani Baig ~ Mosaic Jeff Golwitzer ~ Mosaic Phong Vo ~ Mosaic David Jellerson — Mosaic Patrick van der Voorn - Mosaic ‘Nadim Fuleihan - Ardaman email at| | | | | |