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. 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. 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
MISSION: 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; and
administering the Water and Wastewater Facility Operators Regulation.
This is accomplished through the activities of three Sections of the Branch.
Director's Office
Municipal, Industrial and Hazardous Waste Section
Environmental Land Use Section
Pesticide Section

4. Pesticide Permits Transmission Lagoons
Pesticide Handling/Storage Forestry Sewage Treatment Plants
Mosquito Control Wind Operator Certification
Agricultural Water (floodway) Mining
Ethanol, Biodiesel Hydro Gen. Manufacturing
Comm. Fertilizer Storage Pipelines Waste (Haz. & non)
Recreation Pulp & Paper
Transportation Thermal Generation
Ethanol, Biodiesel

6. 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. Regulatory Process Principles of The Environment Act:
Sustainability & Environmental Protection
Public Health
Public Participation
Transparent
One Window
Flexible

8. Legislation The Environment Act Regulations: Classes of Development
Environment Act Fees
Licensing Procedures
Environment Act Hearing Cost Recovery
Participant Assistance

9. 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
"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 & description
Application form
EA Information required is listed on form
Application fee – no exceptions
Range $ to $100,000.00

11. Initial Review Branch Contact Person Assigned Application Complete?
Project Manager
Relevant Expertise
Application Complete?
If not, request more info
If yes, start public and technical reviews

12. 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. 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)
(e.g.) Infrastructure and Transportation
Innovation, Energy and Mines
Local Government
Agriculture, Food and Rural Initiatives
Culture, Heritage Tourism and Sport
Conservation (includes regional offices, parks etc)
Water Stewardship
Canada-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 Comments
Summary Report
Disposition
Registry Updates

15. 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. 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. 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. Clean Environment Commission
Hearing Involvement
Hearing Panel
Proponent
Participants
Presenters
Consultants or experts
General Public

19. 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. 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. Licensing Decision Director (Classes 1 & 2) Minister (Class 3)
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. Licensing Decision Typical Licence Conditions: Pre-construction
Rare plants, migratory birds, etc
Construction Mitigation
Silt screens, monitoring, seasonal windows, etc.
Notification
Inspections

23. Licensing Decision Operational Conditions: Monitoring and reporting
Discharge limits
Emergency response plan
Odour and noise
Complaint based
Decommissioning
Financial assurance

24. 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. Alterations Minor Major – New Proposal
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. 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. 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. 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. Placed in Public Registries on May 31, 2010: Union Station, Winnipeg
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
Thompson Nickel Belt Wed. June 9, 2010
Thompson Citizen Fri. June 11, 2010
Winnipeg Free Press Sat. June 5, 2010

30. The Provincial TAC for the Minago Project included:
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
In 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 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 
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 Member
Concern
Proposed Mitigation
CEAA
Based on federal survey, CEAA will not apply to the project.
N/A
Infrastructure and Transportation
No concerns.
Culture, Heritage and Tourism
CEAA – Canadian Environmental Assessment Agency
CEAA – Canadian Environmental Assessment Act

33. 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.
Conservation – Environmental Services
1) Spill Contingency and Emergency Response Plan reference error
EAL to require plan to be updated and approved
EAL - Environment Act Licence

34. Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed 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. Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed 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. Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed 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. Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed 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.
GHG – Greenhouse Gases

38. Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed 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. Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed 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 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.
MWS – Manitoba Water Stewardship
MWQO – Manitoba Water Quality Objectives
MMER – Metal Mining Effluent Regulations

40. Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed Mitigation
Water 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.

41. Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed 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. Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed 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. Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed 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

44. Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed 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. Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed 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. Minago Project – Summary of TAC Comments
TAC Member
Concern
Proposed 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. 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. Parallel process: Crown-Aboriginal Consultation 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
Next Steps
Once 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 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
Eventually, 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 at
While 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 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