environment act licence update proposed minago mine project norway house cree nation winnipeg public...

Environment Act Licence UpdateProposed Minago Mine Project

Norway House Cree Nation

Winnipeg Public Meeting - Consultation

Siobhan Burland Ross, M.Eng., P.Eng.Manager,

Municipal, Industrial and Hazardous Waste SectionEnvironmental Assessment and Licensing Branch

Manitoba ConservationMay 17, 2011

Manitoba Conservation• • • • • • • • • • • • • •

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



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



Pesticide Permits Transmission LagoonsPesticide Handling/Storage Forestry Sewage Treatment PlantsMosquito Control Wind Operator CertificationAgricultural Water (floodway) MiningEthanol, Biodiesel Hydro Gen. ManufacturingComm. Fertilizer Storage Pipelines Waste (Haz. & non)

Recreation Pulp & PaperTransportation Thermal Generation

Ethanol, Biodiesel



Regulatory ProcessPrinciples of The Environment Act:• Sustainability & Environmental Protection• Public Health• Public Participation• Transparent• One Window• Flexible



Legislation• The Environment Act

– Regulations: • Classes of Development • Environment Act Fees • Licensing Procedures • Environment Act Hearing Cost Recovery• Participant Assistance



Application Submission • Four Components of Application:

– Covering letter & description– Application form– EA Information required is listed on form– Application fee – no exceptions

• Range $500.00 to $100,000.00



Initial Review• Branch Contact Person Assigned

– Project Manager– Relevant Expertise

• Application Complete?– If not, request more info– If yes, start public and technical reviews



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



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)



Ongoing Iterations–More Information or Clarification–Adds time –Summarize Comments

• Summary Report• Disposition

–Registry Updates



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



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)



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



Licensing DecisionTypical Licence Conditions:• Pre-construction

– Rare plants, migratory birds, etc• Construction Mitigation

– Silt screens, monitoring, seasonal windows, etc.• Notification

– Inspections



Licensing Decision• Operational Conditions:

– Monitoring and reporting– Discharge limits– Emergency response plan– Odour and noise

• Complaint based– Decommissioning– Financial assurance



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



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



Proposal SummaryProponent: Victory Nickel Inc. (VNI)Proposal Name: Minago ProjectClass of Development: 2Type of Development: Metal Mining and MillingClient File No.: 5463.00



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



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



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



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



Minago Project – Summary of TAC CommentsTAC Member Concern Proposed

MitigationCEAA 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




MitigationConservation – 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




MitigationConservation – 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




MitigationConservation – 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.




MitigationConservation – 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.




MitigationConservation – 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.




MitigationInnovation, 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.




MitigationInnovation, 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 Stewardship 1) 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.




MitigationWater Stewardship 4) 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.




MitigationWater 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.




MitigationWater 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.




MitigationConservation - 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.





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





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.




MitigationConservation - 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.



• 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



• 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



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

environment act licence update proposed minago mine project norway house cree nation winnipeg public...

Documents

licensing processsummary

licensing mission

assessment of victory

public health act

transportation act

directors office municipal

pesticides regulation

adverse effects