Presentation on theme: "Environment Act Licence Update"— Presentation transcript:
1 Environment Act Licence Update Proposed Minago Mine ProjectNorway House Cree NationWinnipeg Public Meeting - ConsultationSiobhan Burland Ross, M.Eng., P.Eng.Manager,Municipal, Industrial and Hazardous Waste SectionEnvironmental Assessment and Licensing BranchManitoba ConservationMay 17, 2011
2 Overview Environmental Assessment and Licensing Branch (EALB) Manitoba’s Environmental Assessment and Licensing processSummary of the Assessment of Victory Nickel Inc.’s Minago Project ProposalNext Steps
3 Environmental Assessment and Licensing Branch MissionSustainable Environmental QualityRolesLead the EAL Process (Administer the Act)Legislated to Make Licensing DecisionsManage Potential Impacts of DevelopmentsOne window, wide range/scopeEvaluate impacts & mitigation measuresPrescribe licence conditionsEnforcementMISSION: The Environmental Assessment & Licensing Branch will ensure that developments are regulated in a manner that protects the environment and public health, and sustains a high quality of life for present and future Manitobans.The Environmental Assessment and Licensing Branch carries out its mission by:administering development approval requirements of The Environment Act, The Dangerous Goods Handling and Transportation Act, The Public Health Act, and the Pesticides Regulation;controlling municipal, industrial and hazardous waste sources of pollutants;minimizing environmental impact of development proposals;minimizing adverse effects to the environment and public health from pesticide use; andadministering the Water and Wastewater Facility Operators Regulation.This is accomplished through the activities of three Sections of the Branch.Director's OfficeMunicipal, Industrial and Hazardous Waste SectionEnvironmental Land Use SectionPesticide Section
6 Overview Environmental Assessment and Licensing Branch (EALB) Manitoba’s Environmental Assessment and Licensing processSummary of the Assessment of Victory Nickel Inc.’s Minago Project ProposalNext Steps
7 Regulatory Process Principles of The Environment Act: Sustainability & Environmental ProtectionPublic HealthPublic ParticipationTransparentOne WindowFlexible
8 Legislation The Environment Act Regulations: Classes of Development Environment Act FeesLicensing ProceduresEnvironment Act Hearing Cost RecoveryParticipant Assistance
9 Pre-Application Preliminary – Do you need a licence? Classes of Development RegulationClass 1 – Discharge of pollutantsClass 2 – Unrelated to or in addition to pollutantsClass 3 – ExceptionalAll are treated with the same level of scrutiny/processFees are different"development" means any project, industry, operation or activity, or any alteration or expansion of any project, industry, operation or activity which causes or is likely to cause(a) the release of any pollutant into the environment, or(b) an effect on any unique, rare, or endangered feature of the environment, or(c) the creation of by-products, residual or waste products not regulated by The Dangerous Goods Handling and Transportation Act, or(d) a substantial utilization or alteration of any natural resource in such a way as to pre-empt or interfere with the use or potential use of that resource for any other purpose, or(e) a substantial utilization or alteration of any natural resource in such a way as to have an adverse impact on another resource, or(f) the utilization of a technology that is concerned with resource utilization and that may induce environmental damage, or(g) a significant effect on the environment or will likely lead to a further development which is likely to have a significant effect on the environment, or(h) a significant effect on the social, economic, environmental health and cultural conditions that influence the lives of people or a community in so far as they are caused by environmental effects; (« exploitation »)
10 Application Submission Four Components of Application:Covering letter & descriptionApplication formEA Information required is listed on formApplication fee – no exceptionsRange $ to $100,000.00
11 Initial Review Branch Contact Person Assigned Application Complete? Project ManagerRelevant ExpertiseApplication Complete?If not, request more infoIf yes, start public and technical reviews
12 Public & Technical Review Public NotificationAdvertisePublic Registries – Local and WinnipegHard and electronicWeb Lists Current Proposals Out for ReviewDue Date & Contact in EALAverage is 30 days, not prescribed
13 Public & Technical Review IterativeRequest Written Public InputTechnical Advisory Committee (TAC)Parallel to public processProvincial and federal expertsFederal contacts – one windowCanadian Environmental Assessment Agency (CEAA)(e.g.) Infrastructure and TransportationInnovation, Energy and MinesLocal GovernmentAgriculture, Food and Rural InitiativesCulture, Heritage Tourism and SportConservation (includes regional offices, parks etc)Water StewardshipCanada-Manitoba Agreement on Environmental Assessment Cooperation – will determine a Federal trigger based on ownership, land or funding.
14 Ongoing Iterations More Information or Clarification Adds time Summarize CommentsSummary ReportDispositionRegistry Updates
15 Typical EA Considerations: Water QualityAir QualityTerrestrial – Soil, HabitatNuisance – Odour, NoisePublic Issues and ConcernsFish and WildlifeChemicals/Spill PreventionSocio-Economic, Heritage
16 Clean Environment Commission OptionalClean Environment Commission (CEC)What/How?Hearing, meeting, or investigationWhy?Scope, impacts of projectPublic concernDirector recommends to MinisterOr, Minister can direct at any step in the processTerms of Reference provided (scope)
17 Clean Environment Commission CEC HearingChair appoints panelNotice (mandatory)Pre-hearing meeting (optional)Participant Assistance (optional)Adds significant time to processSix to 18 months or more
18 Clean Environment Commission Hearing InvolvementHearing PanelProponentParticipantsPresentersConsultants or expertsGeneral Public
19 Clean Environment Commission HearingProcess GuidelinesCEC web pageCEC report to MinisterWithin 90 daysLicensing & non-licensing recommendationsRecommendations are not binding
20 Clean Environment Commission Common MisperceptionsHearingMay occur for any class not just class 3Never absolutely required, even for class 3CEC Report RecommendationsRecommendations onlyProject specific vs. provincial implicationsConsideration of fairness to all applicants
21 Licensing Decision Director (Classes 1 & 2) Minister (Class 3) Option to increase classMinister (Class 3)Option re projects that underwent CEC processIssue or RefuseCirculate Draft License to TACIssue LicencePost Disposition Summary and Licence
23 Licensing Decision Operational Conditions: Monitoring and reporting Discharge limitsEmergency response planOdour and noiseComplaint basedDecommissioningFinancial assurance
24 Appeals Process Director’s Decision to the Minister Classes 1 and 230 Days from issue dateDirector’s recommendation re a CEC HearingMinister’s Decision to CabinetClass 36 weeks from issue dateConstruction May Commence During Appeal
25 Alterations Minor Major – New Proposal Director approves, no public reviewAct Amendments now require postingMajor – New ProposalSame as for all EA applicationsIncludes the public and TAC reviewsDecision Based on Environmental EffectsSignificant or insignificant
26 Overview Environmental Assessment and Licensing Branch (EALB) Manitoba’s Environmental Assessment and Licensing processSummary of the Assessment of Victory Nickel Inc.’s Minago Project ProposalNext Steps
27 Proposal Summary Proponent: Victory Nickel Inc. (VNI) Proposal Name: Minago ProjectClass of Development: 2Type of Development: Metal Mining and MillingClient File No.:
28 OverviewProposal 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 Placed in Public Registries on May 31, 2010: Union Station, Winnipeg Overview (con’t)Placed in Public Registries on May 31, 2010:Union Station, WinnipegWinnipeg Public LibraryManitoba Eco-NetworkThompson Public LibraryWabowden Community Council OfficeAdvertised in three newspapersProposal 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, 2010Thompson Nickel Belt Wed. June 9, 2010Thompson Citizen Fri. June 11, 2010Winnipeg Free Press Sat. June 5, 2010
30 The Provincial TAC for the Minago Project included: TAC ReviewThe Provincial TAC for the Minago Project included:Agriculture, Food and Rural InitiativesConservation - 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, WildlifeCulture, Heritage and TourismHealthInfrastructure and TransportationInnovation, Energy and MinesLabour and ImmigrationLocal GovernmentWater StewardshipIn addition the Canadian Environmental Assessment Agency received a copy to distribute to Federal departments to determine if a federal trigger exists for the project.
31 TAC RolesTo identify environmental effects and mitigation measures specific to their area of expertise relating to development proposals that are undergoing environmental assessment, andTo 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 The TAC has two primary roles in the Manitoba environmental assessment process:All TAC comments received on a project will appear in the project summary, generally verbatim. These project summaries and the original TAC comments are placed in public registry locations, and may be provided directly to proponents and members of the public. As mentioned above, the project summaries are also posted online on the EALB website. If additional information is desired for the purposes of the environmental assessment, it may be requested through the EALB contact person. TAC members do not request information directly from the proponent or consultant unless the information requested is highly technical and the EALB contact person has suggested direct discussion to resolve technical issues.
32 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationCEAABased on federal survey, CEAA will not apply to the project.N/AInfrastructure and TransportationNo concerns.Culture, Heritage and TourismCEAA – Canadian Environmental Assessment AgencyCEAA – Canadian Environmental Assessment Act
33 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationConservation – Sustainable Resource and Policy ManagementNo concerns.N/AConservation – Parks and Natural AreasNo comments.Conservation – Environmental Services1) Spill Contingency and Emergency Response Plan reference errorEAL to require plan to be updated and approvedEAL - Environment Act Licence
34 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationConservation – Environmental Services2) Both proposed sewage treatment facilities must meet standard design and discharge criteriaEAL 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 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationConservation – Environmental Services4) 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 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationConservation – Pollution Prevention1) 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 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationConservation – Pollution Prevention3) 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/A5) It may be necessary to perform GHG inventory reporting.GHG – Greenhouse Gases
38 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationInnovation, Energy and Mines1) 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 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationInnovation, Energy and Mines2) 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 PolicyEAL will require a minimum 3 metre buffer zone from wetlands.2) Limit phosphorous to <1.0 mg/L in effluentEAL will require an effluent limit of 1.0 mg/L.3) Comply with Tier 2 MWQO and MMEREAL will require effluent to meet discharge criteria.MWS – Manitoba Water StewardshipMWQO – Manitoba Water Quality ObjectivesMMER – Metal Mining Effluent Regulations
40 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationWater Stewardship4) Line the tailings management facility with material meeting 1x10-7 cm/s hydraulic conductivity to limit seepageEAL 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 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationWater Stewardship6) 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 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationWater Stewardship8) 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 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationConservation - Operations1) 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
44 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationConservation - Operations3) 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 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationConservation - Operations4) 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 Minago Project – Summary of TAC Comments TAC MemberConcernProposed MitigationConservation - Aboriginal Relations Branch1) 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 Overview Environmental Assessment and Licensing Branch (EALB) Manitoba’s Environmental Assessment and Licensing processSummary of the Assessment of Victory Nickel Inc.’s Minago Project ProposalNext Steps
48 Parallel process: Crown-Aboriginal Consultation Next Steps EALB Contact reviews all public/TAC comments to determine if additional information is neededIterations until all environmental assessment issues are satisfactorily resolvedParallel process: Crown-Aboriginal ConsultationNext StepsOnce the deadline date for comments on a project is reached, the contact person in the EALB reviews public and TAC comments received, and determines whether additional information is needed to address comments. If so, the information is requested from the proponent or their consultant. There may be several iterations of review and additional information before the contact person is satisfied that all environmental assessment issues are satisfactorily resolved.
49 The draft Licence is circulated to TAC for comment For most projects, a draft Environment Act Licence is prepared with applicable specifications, limits, terms and conditionsThe draft Licence is circulated to TAC for commentCopies of all Summaries and Final Licences are placed on the EALB website, in all public registries and provided to interested persons.Next StepsEventually, a draft Environment Act Licence is prepared for most projects. This document is circulated for TAC review, accompanied by a project summary that details the environmental assessment process for the project. The project summary may include additional information that was requested during the environmental assessment process. TAC members normally have two weeks to review and comment on draft licences. Once draft licence comments have been received and incorporated as necessary, the licence is finalized. Copies of all final licences and project summaries are posted on the EALB website atWhile extensions for TAC comments on proposals and draft licences can be provided by the project contact person, the normal time periods are usually adequate, and extensions are sometimes limited by project construction and funding considerations. Departments with multiple reviewers, such as Conservation, organize their reviews internally to remain within the requested deadlines for the great majority of projects.
50 Next StepsAn Appeal Period of 30 days is provided following the issuance of an Environment Act LicenceThe Licence remains valid during the appeal periodEnforcement of the conditions of the Licence is carried out by Manitoba Conservation