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Environment Act Licence Update Proposed Minago Mine Project Norway House Cree Nation Winnipeg Public Meeting - Consultation Siobhan Burland Ross, M.Eng.,

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Presentation on theme: "Environment Act Licence Update Proposed Minago Mine Project Norway House Cree Nation Winnipeg Public Meeting - Consultation Siobhan Burland Ross, M.Eng.,"— Presentation transcript:

1 Environment Act Licence Update Proposed Minago Mine Project Norway House Cree Nation Winnipeg Public Meeting - Consultation Siobhan Burland Ross, M.Eng., P.Eng. Manager, Municipal, Industrial and Hazardous Waste Section Environmental Assessment and Licensing Branch Manitoba Conservation May 17, 2011

2 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Overview Environmental Assessment and Licensing Branch (EALB) Manitoba’s Environmental Assessment and Licensing process Summary of the Assessment of Victory Nickel Inc.’s Minago Project Proposal Next Steps

3 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Environmental Assessment and Licensing Branch Mission –Sustainable Environmental Quality Roles –Lead the EAL Process (Administer the Act) –Legislated to Make Licensing Decisions –Manage Potential Impacts of Developments One window, wide range/scope Evaluate impacts & mitigation measures Prescribe licence conditions Enforcement

4 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Environmental Assessment & Licensing Pesticides SectionLand-Use Section Municipal, Industrial and Hazardous Waste Section Administrative Processing/Clerical Pesticide PermitsTransmissionLagoons Pesticide Handling/StorageForestrySewage Treatment Plants Mosquito ControlWindOperator Certification Agricultural Water (floodway)Mining Ethanol, BiodieselHydro Gen.Manufacturing Comm. Fertilizer StoragePipelinesWaste (Haz. & non) RecreationPulp & Paper TransportationThermal Generation Ethanol, Biodiesel

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6 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Overview Environmental Assessment and Licensing Branch (EALB) Manitoba’s Environmental Assessment and Licensing process Summary of the Assessment of Victory Nickel Inc.’s Minago Project Proposal Next Steps

7 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Regulatory Process Principles of The Environment Act: Sustainability & Environmental Protection Public Health Public Participation Transparent One Window Flexible

8 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Legislation The Environment Act –Regulations: Classes of Development Environment Act Fees Licensing Procedures Environment Act Hearing Cost Recovery Participant Assistance

9 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Pre-Application Preliminary – Do you need a licence? Classes of Development Regulation –Class 1 – Discharge of pollutants –Class 2 – Unrelated to or in addition to pollutants –Class 3 – Exceptional –All are treated with the same level of scrutiny/process –Fees are different

10 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Application Submission Four Components of Application: –Covering letter & description –Application form –EA Information required is listed on form –Application fee – no exceptions Range $ to $100,000.00

11 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Initial Review Branch Contact Person Assigned –Project Manager –Relevant Expertise Application Complete? –If not, request more info –If yes, start public and technical reviews

12 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Public & Technical Review Public Notification –Advertise –Public Registries – Local and Winnipeg Hard and electronic –Web Lists Current Proposals Out for Review –Due Date & Contact in EAL Average is 30 days, not prescribed

13 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Public & Technical Review Iterative Request Written Public Input Technical Advisory Committee (TAC) –Parallel to public process –Provincial and federal experts –Federal contacts – one window Canadian Environmental Assessment Agency (CEAA)

14 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Ongoing Iterations –More Information or Clarification –Adds time –Summarize Comments Summary Report Disposition –Registry Updates

15 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Typical EA Considerations: Water Quality Air Quality Terrestrial – Soil, Habitat Nuisance – Odour, Noise Public Issues and Concerns Fish and Wildlife Chemicals/Spill Prevention Socio-Economic, Heritage

16 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Clean Environment Commission Optional Clean Environment Commission (CEC) –What/How? Hearing, meeting, or investigation –Why? Scope, impacts of project Public concern Director recommends to Minister Or, Minister can direct at any step in the process –Terms of Reference provided (scope)

17 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Clean Environment Commission CEC Hearing –Chair appoints panel –Notice (mandatory) –Pre-hearing meeting (optional) –Participant Assistance (optional) –Adds significant time to process Six to 18 months or more

18 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Clean Environment Commission Hearing Involvement –Hearing Panel –Proponent –Participants –Presenters –Consultants or experts –General Public

19 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Clean Environment Commission Hearing –Process Guidelines –CEC web page CEC report to Minister –Within 90 days –Licensing & non-licensing recommendations Recommendations are not binding

20 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Clean Environment Commission Common Misperceptions –Hearing May occur for any class not just class 3 Never absolutely required, even for class 3 –CEC Report Recommendations Recommendations only Project specific vs. provincial implications Consideration of fairness to all applicants

21 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Licensing Decision Director (Classes 1 & 2) –Option to increase class Minister (Class 3) –Option re projects that underwent CEC process Issue or Refuse Circulate Draft License to TAC Issue Licence Post Disposition Summary and Licence

22 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Licensing Decision Typical Licence Conditions: Pre-construction –Rare plants, migratory birds, etc Construction Mitigation –Silt screens, monitoring, seasonal windows, etc. Notification –Inspections

23 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Licensing Decision Operational Conditions: –Monitoring and reporting –Discharge limits –Emergency response plan –Odour and noise Complaint based –Decommissioning –Financial assurance

24 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Appeals Process Director’s Decision to the Minister Classes 1 and 2 30 Days from issue date Director’s recommendation re a CEC Hearing Minister’s Decision to Cabinet Class 3 6 weeks from issue date Construction May Commence During Appeal

25 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Alterations –Minor Director approves, no public review Act Amendments now require posting –Major – New Proposal Same as for all EA applications Includes the public and TAC reviews –Decision Based on Environmental Effects Significant or insignificant

26 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Overview Environmental Assessment and Licensing Branch (EALB) Manitoba’s Environmental Assessment and Licensing process Summary of the Assessment of Victory Nickel Inc.’s Minago Project Proposal Next Steps

27 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Proposal Summary Proponent: Victory Nickel Inc. (VNI) Proposal Name: Minago Project Class of Development:2 Type of Development:Metal Mining and Milling Client File No.:

28 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Overview Proposal received May 3, 2010 from Victory Nickel Inc. Proposed construction and operation of a new 10,000 tonnes per day open pit nickel ore mining, milling and concentrating Development, “Minago Project” To be located on PTH No. 6 ~225km south of Thompson

29 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Overview (con’t) Placed in Public Registries on May 31, 2010: Union Station, Winnipeg Winnipeg Public Library Manitoba Eco-Network Thompson Public Library Wabowden Community Council Office Advertised in three newspapers Proposal sent to the members of the Technical Advisory Committee (TAC) and federal departments via the Canadian Environmental Assessment Agency (CEAA) Closing date for comments was July 15, 2010

30 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing TAC Review The Provincial TAC for the Minago Project included: Agriculture, Food and Rural Initiatives Conservation - Aboriginal Relations, Air Quality, Climate and Green Initiatives, Environmental Operations, Environmental Services, Forestry, Lands, Parks and Natural Areas, Pollution Prevention, Sustainable Resource and Policy Management, Wildlife Culture, Heritage and Tourism Health Infrastructure and Transportation Innovation, Energy and Mines Labour and Immigration Local Government Water Stewardship

31 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing TAC Roles To identify environmental effects and mitigation measures specific to their area of expertise relating to development proposals that are undergoing environmental assessment, and To identify other regulatory requirements which apply to the project. The TAC includes both provincial and federal members, so the regulatory requirements of both levels of government are identified during the assessment process

32 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation CEAABased on federal survey, CEAA will not apply to the project. N/A Infrastructure and Transportation No concerns.N/A Culture, Heritage and Tourism No concerns.N/A

33 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation Conservation – Sustainable Resource and Policy Management No concerns.N/A Conservation – Parks and Natural Areas No comments.N/A Conservation – Environmental Services 1) Spill Contingency and Emergency Response Plan reference error EAL to require plan to be updated and approved

34 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation Conservation – Environmental Services 2) Both proposed sewage treatment facilities must meet standard design and discharge criteria EAL will require standard construction and operating procedures for sewage treatment and effluent discharge. 3) Burning of non- hazardous waste is not recommended; residual non-hazardous waste should be disposed of in accordance with the Waste Disposal Grounds Regulation. EAL will require waste to be disposed of in accordance with the Waste Disposal Grounds Regulation

35 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation Conservation – Environmental Services 4) Proposed land farming of petroleum- impacted soils should be designed, operated and decommissioned in accordance with MB’s Guideline for the treatment and disposal of petroleum contaminated soil. EAL will require adherence to the Guideline document.

36 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation Conservation – Pollution Prevention 1) Environmental Protection Plan should include potential dust and emissions from specific sources. Accepted by VNI. 2) There was no ore composition that might indicate the presence of heavy metals that may be emitted into the air as particulate/dust. Environmental Protection Plan will include tailings material analysis.

37 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation Conservation – Pollution Prevention 3) If a dryer is installed, control measures to address particulate matter will be required. Accepted by VNI. 4) Potential for noise nuisances will not be significant, given the project location. N/A 5) It may be necessary to perform GHG inventory reporting. Accepted by VNI.

38 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation Innovation, Energy and Mines 1) Would there be an impact created on the overall tailings and waste rock management facility (TWRMF) by the cone of depression from the pit dewatering wells? Would the pumping wells draw water from underneath the TWRMF and result in difficulty to keep the water cover? Although VNI does not anticipate such impacts, additional geotechnical investigations are planned for the detailed engineering design phase.

39 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation Innovation, Energy and Mines 2) The dam design criteria do not mention dewatering cone for the entire TWRMF. Although VNI does not anticipate such impacts, additional assessments are planned for the detailed engineering design phase. Water Stewardship1) Comply with MWS Wetland Policy EAL will require a minimum 3 metre buffer zone from wetlands. 2) Limit phosphorous to <1.0 mg/L in effluent EAL will require an effluent limit of 1.0 mg/L. 3) Comply with Tier 2 MWQO and MMER EAL will require effluent to meet discharge criteria.

40 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation Water Stewardship4) Line the tailings management facility with material meeting 1x10 -7 cm/s hydraulic conductivity to limit seepage EAL will require the liner to be constructed with the maximum hydraulic conductivity and testing/verification will be required prior to authorization to use the facility is given. 5) Verify "no effects" on the baseline flow of surface waters due to the cone of depression established during groundwater pumping. EAL will require verification.

41 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation Water Stewardship 6) If construction occurs in the immediate vicinity of surface water, an undisturbed native vegetation area shall be established and maintained. EAL will require 30- metre buffer zone, within which permanent development is prohibited and a maximum disturbance of 25% of the shoreline length. 7) Confirm the predictions of runoff using a comprehensive model that includes surface flow, interflow and groundwater flow. EAL will require.

42 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation Water Stewardship 8) Develop and implement a monitoring program for the fish community, subject to review and approval by the Fisheries Branch. EAL will require. 9) Monitor Oakly Creek and the Minago River upstream and downstream of the final discharge point. EAL requirements will include a comprehensive monitoring program including water quality, sediment quality, fish tissue, and toxicity testing.

43 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation Conservation - Operations 1) Recommends the Norway House Resource Management Board be kept informed of planned long term monitoring programs and given the opportunity to request information from them. Accepted by VNI. 2) Recommends management of the access road be full responsibility of Proponent Accepted by VNI.

44 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation Conservation - Operations 3) Burning of non- hazardous waste is not recommended; residual non-hazardous waste should be disposed of in accordance with the Waste Disposal Grounds Regulation. EAL will require waste to be disposed of in accordance with the Waste Disposal Grounds Regulation

45 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation Conservation - Operations 4) Proposed land farm of petroleum-impacted soils should be designed, operated and decommissioned in accordance with MB’s Guideline for the treatment and disposal of petroleum contaminated soil. EAL will require adherence to the Guideline document.

46 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Minago Project – Summary of TAC Comments TAC MemberConcernProposed Mitigation Conservation - Aboriginal Relations Branch 1) Necessity to consult with all potentially affected First Nations and Metis groups. Results of the consultations will be considered for inclusion in an Environment Act Licence as appropriate.

47 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Overview Environmental Assessment and Licensing Branch (EALB) Manitoba’s Environmental Assessment and Licensing process Summary of the Assessment of Victory Nickel Inc.’s Minago Project Proposal Next Steps

48 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing EALB Contact reviews all public/TAC comments to determine if additional information is needed Iterations until all environmental assessment issues are satisfactorily resolved Parallel process: Crown-Aboriginal Consultation Next Steps

49 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing For most projects, a draft Environment Act Licence is prepared with applicable specifications, limits, terms and conditions The draft Licence is circulated to TAC for comment Copies of all Summaries and Final Licences are placed on the EALB website, in all public registries and provided to interested persons. Next Steps

50 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing Next Steps An Appeal Period of 30 days is provided following the issuance of an Environment Act Licence The Licence remains valid during the appeal period Enforcement of the conditions of the Licence is carried out by Manitoba Conservation

51 Manitoba Conservation Department Name/Presentation Title Manitoba Conservation/Environmental Assessment and Licensing


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