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
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
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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
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One window, wide range/scope
Evaluate impacts & mitigation measures
Prescribe licence conditions
Enforcement
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Environmental Assessment &
Licensing
Processing/Clerical
Pesticides Section
Pesticide Permits
Pesticide Handling/Storage
Mosquito Control
Agricultural
Ethanol, Biodiesel
Comm. Fertilizer Storage
Administrative
Land-Use Section
Transmission
Forestry
Wind
Water (floodway)
Hydro Gen.
Pipelines
Recreation
Transportation
Municipal, Industrial and
Hazardous Waste Section
Lagoons
Sewage Treatment Plants
Operator Certification
Mining
Manufacturing
Waste (Haz. & non)
Pulp & Paper
Thermal Generation
Ethanol, Biodiesel
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Regulatory Process
Principles of The Environment Act:
• Sustainability & Environmental Protection
• Public Health
• Public Participation
• Transparent
• One Window
• Flexible
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Legislation
• The Environment Act
– Regulations:
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Classes of Development
Environment Act Fees
Licensing Procedures
Environment Act Hearing Cost Recovery
Participant Assistance
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Application Submission
• Four Components of Application:
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Covering letter & description
Application form
EA Information required is listed on form
Application fee – no exceptions
• Range $500.00 to $100,000.00
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Initial Review
• Branch Contact Person Assigned
– Project Manager
– Relevant Expertise
• Application Complete?
– If not, request more info
– If yes, start public and technical reviews
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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)
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Ongoing Iterations
– More Information or Clarification
– Adds time
– Summarize Comments
• Summary Report
• Disposition
– Registry Updates
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Typical EA Considerations:
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Water Quality
Air Quality
Terrestrial – Soil, Habitat
Nuisance – Odour, Noise
Public Issues and Concerns
Fish and Wildlife
Chemicals/Spill Prevention
Socio-Economic, Heritage
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Clean Environment Commission
• Optional
• Clean Environment Commission (CEC)
– What/How?
• Hearing, meeting, or investigation
– Why?
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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)
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Licensing Decision
• Director (Classes 1 & 2)
– Option to increase class
• Minister (Class 3)
– Option re projects that underwent CEC process
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Issue or Refuse
Circulate Draft License to TAC
Issue Licence
Post Disposition Summary and Licence
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Licensing Decision
Typical Licence Conditions:
• Pre-construction
– Rare plants, migratory birds, etc
• Construction Mitigation
– Silt screens, monitoring, seasonal windows, etc.
• Notification
– Inspections
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Licensing Decision
• Operational Conditions:
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Monitoring and reporting
Discharge limits
Emergency response plan
Odour and noise
• Complaint based
– Decommissioning
– Financial assurance
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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.:
5463.00
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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
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Culture, Heritage and Tourism
Health
Infrastructure and Transportation
Innovation, Energy and Mines
Labour and Immigration
Local Government
Water Stewardship
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed Mitigation
CEAA
Based 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
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed 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
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Minago Project – Summary of TAC Comments
TAC Member
Conservation –
Environmental
Services
Concern
2) Both proposed
sewage treatment
facilities must meet
standard design and
discharge criteria
Proposed Mitigation
EAL will require
standard construction
and operating
procedures for sewage
treatment and effluent
discharge.
3) Burning of nonEAL will require waste to
hazardous waste is not be disposed of in
recommended; residual accordance with the
non-hazardous waste
Waste Disposal Grounds
should be disposed of in Regulation
accordance with the
Waste Disposal Grounds
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Manitoba Conservation/Environmental Assessment and Licensing
Regulation.
Manitoba Conservation
Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed Mitigation
Conservation –
Environmental
Services
4) Proposed land
farming of petroleumimpacted 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.
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Minago Project – Summary of TAC Comments
TAC Member
Conservation –
Pollution Prevention
Concern
Proposed Mitigation
Accepted by VNI.
1) Environmental
Protection Plan should
include potential dust
and emissions from
specific sources.
2) There was no ore
Environmental
composition that might Protection Plan will
indicate the presence of include tailings material
heavy metals that may analysis.
be emitted into the air as
particulate/dust.
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Minago Project – Summary of TAC Comments
TAC Member
Conservation –
Pollution Prevention
Concern
Proposed Mitigation
3) If a dryer is installed, Accepted by VNI.
control measures to
address particulate
matter will be required.
4) Potential for noise
N/A
nuisances will not be
significant, given the
project location.
5) It may be necessary Accepted by VNI.
to perform GHG
inventory reporting.
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed Mitigation
Although VNI does not
Innovation, Energy and 1) Would there be an
impact created on the
anticipate such impacts,
Mines
overall tailings and
additional geotechnical
waste rock management investigations are
facility (TWRMF) by the planned for the detailed
cone of depression from engineering design
the pit dewatering wells? phase.
Would the pumping
wells draw water from
underneath the TWRMF
and result in difficulty to
keep the water cover?
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Minago Project – Summary of TAC Comments
TAC Member
Concern
Innovation, Energy and 2) The dam design
criteria do not mention
Mines
dewatering cone for the
entire TWRMF.
Water Stewardship
Proposed Mitigation
Although VNI does not
anticipate such impacts,
additional assessments
are planned for the
detailed engineering
design phase.
1) Comply with MWS EAL will require a
minimum 3 metre buffer
Wetland Policy
zone from wetlands.
2) Limit phosphorous EAL will require an
to <1.0 mg/L in effluent effluent limit of 1.0 mg/L.
require effluent
3) Comply with Tier 2 EAL will
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to meet discharge
MWQO and
MMER
Manitoba
Conservation/Environmental
Assessment and Licensing
Manitoba Conservation
criteria.
Minago Project – Summary of TAC Comments
TAC Member
Water Stewardship
Concern
Proposed Mitigation
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 EAL will require
the baseline flow of
verification.
surface waters due to
the cone of depression
established during
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Manitoba Conservation/Environmental Assessment and Licensing
groundwater pumping.
Manitoba Conservation
4) Line the tailings
management facility
with material meeting
1x10-7 cm/s hydraulic
conductivity to limit
seepage
Minago Project – Summary of TAC Comments
TAC Member
Water Stewardship
Concern
6) If construction occurs
in the immediate vicinity
of surface water, an
undisturbed native
vegetation area shall be
established and
maintained.
Proposed Mitigation
EAL will require 30metre buffer zone, within
which permanent
development is
prohibited and a
maximum disturbance of
25% of the shoreline
length.
EAL will require.
7) Confirm the
predictions of runoff
using a comprehensive
model that includes
surface flow, interflow
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Manitoba Conservation/Environmental Assessment and Licensing
and groundwater flow.
Manitoba Conservation
Minago Project – Summary of TAC Comments
TAC Member
Water Stewardship
Concern
Proposed Mitigation
8) Develop and
implement a monitoring
program for the fish
community, subject to
review and approval by
the Fisheries Branch.
9) Monitor Oakly Creek
and the Minago River
upstream and
downstream of the final
discharge point.
EAL will require.
EAL requirements will
include a
comprehensive
monitoring program
including water quality,
sediment quality, fish
tissue,
• •and
• • toxicity
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Manitoba Conservation/Environmental Assessment and Licensing
testing.
Manitoba Conservation
Minago Project – Summary of TAC Comments
TAC Member
Conservation Operations
Concern
Proposed Mitigation
1) Recommends the
Accepted by VNI.
Norway House
Resource Management
Board be kept informed
of planned long term
monitoring programs
and given the
opportunity to request
information from them.
2) Recommends
Accepted by VNI.
management of the
access road be full
responsibility of
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Manitoba Conservation/Environmental Assessment and Licensing
Proponent
Manitoba Conservation
Minago Project – Summary of TAC Comments
TAC Member
Conservation Operations
Concern
Proposed Mitigation
3) Burning of nonEAL will require waste to
hazardous waste is not be disposed of in
recommended; residual accordance with the
non-hazardous waste
Waste Disposal Grounds
should be disposed of in Regulation
accordance with the
Waste Disposal Grounds
Regulation.
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Minago Project – Summary of TAC Comments
TAC Member
Conservation Operations
Concern
Proposed Mitigation
4) Proposed land farm of EAL will require
petroleum-impacted
adherence to the
soils should be
Guideline document.
designed, operated and
decommissioned in
accordance with MB’s
Guideline for the
treatment and disposal
of petroleum
contaminated soil.
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Minago Project – Summary of TAC Comments
TAC Member
Conservation Aboriginal Relations
Branch
Concern
Proposed Mitigation
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.
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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
• • • • • • • • • • • • • •
Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Next Steps
• 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
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
Next Steps
• 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.
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation
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Manitoba Conservation/Environmental Assessment and Licensing
Manitoba Conservation