Environmental assessment act
Section 9
Notice of approval to proceed with the undertaking

RE: Amended Environmental Assessment for the Hardrock Project

Proponent: Greenstone Gold Mines

EA File No.: EA-02-10

Take notice that the period for requiring a hearing, provided for in the Notice of Completion of the Review for the above-noted undertaking, expired on November 26, 2018. No submissions were received requesting a hearing by the Environmental Review Tribunal before the expiration date.

I consider a hearing to be unnecessary in this case. Having considered the purpose of the Environmental Assessment Act, the approved amended Terms of Reference, the amended Environmental Assessment, the Ministry Review of the amended Environmental Assessment and submissions received, I hereby give approval to proceed with the Undertaking, subject to conditions set out below.

Reasons

My reasons for giving approval are:

  1. The Proponent has complied with the requirements of the Environmental Assessment Act.
  2. The amended Environmental Assessment has been prepared in accordance with the approved amended Terms of Reference.
  3. On the basis of the Proponent’s amended Environmental Assessment and the Ministry Review, the Proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
  4. The Proponent has demonstrated that the environmental effects of the Undertaking can be appropriately prevented, changed, mitigated or remedied.
  5. While there is another viable alternative, the Proponent has demonstrated that the preferred alternative achieves the most appropriate balance of advantages to disadvantages.
  6. On the basis of the Proponent's amended Environmental Assessment, the Ministry Review and the conditions of approval, the construction, operation and maintenance of the Undertaking will be consistent with the purpose of the Environmental Assessment Act (section 2).
  7. The ministry's review of: the government, public and Indigenous community submissions on the Environmental Assessment, the amended Environmental Assessment and the Ministry Review has indicated no outstanding concerns that have not been addressed or that cannot be addressed through commitments made during the environmental assessment process, through the conditions set out below or through future approvals that will be required.
  8. I am not aware of any outstanding issues with respect to this Undertaking which suggest that a hearing should be required; as such, a hearing is unnecessary and would cause undue delay to the implementation of the Undertaking.

Conditions

The approval is subject to the following conditions:

  1. Definitions

    For the purposes of these conditions:

    “Amended Environmental Assessment”
    means the document titled Environmental Assessment for the Hardrock Project and all supplemental information submitted to the Ministry on August 17, 2018.
    “Construction”
    means physical construction activities, including site preparation works, but does not include the tendering of contracts.
    “Date of Approval”
    means the date on which the Order in Council pertaining to the approval of the environmental assessment was signed by the Lieutenant Governor-in-Council
    “Director”
    means the Director of the Environmental Assessment and Permissions Branch.
    “District Manager”
    means the Manager of the Ministry’s Thunder Bay District Office
    “Indigenous Communities”
    means Animbiigoo Zaagliigan Anishinaabek, Aroland First Nation, Ginoogaming First Nation; Long Lake 58 First Nation, Metis Nation of Ontario Region 2 Greenstone Metis Council, Red Sky Metis Nation of Ontario.
    “Ministry”
    means the Ministry of the Environment, Conservation and Parks.
    “Policy 2”
    means the designation given to a water body in which water quality does not meet the Provincial Water Quality Objectives set forth in Ontario's Provincial Water Quality Objectives,1994.
    “Proponent”
    means Greenstone Gold Mines GP Inc.
    “Proponent’s Project Website”
    means the website www.greenstonegoldmines.com
    “Regional Director”
    means the Director of the Ministry’s Northern Region Office.
    “Site”
    means 5,000 hectares of land, located five km south of the Town Geraldton, Ontario, approximately 275 km northeast of Thunder Bay, in the Municipality of Greenstone.
    “Technical Support Section Manager”
    means the manager of the Ministry’s Northern Region Office Technical Support Section.
    “Undertaking”
    means the construction, operation, closure and decommissioning of a new open pit gold mine, ore processing facility and associated ancillary activities; collectively referred to as the Hardrock Project, as described in the Proponent’s amended Environmental Assessment.
  1. General Requirements
    1. The Proponent shall implement the Undertaking in accordance with the amended Environmental Assessment, which is hereby incorporated into this Notice of Approval by reference, except as provided in the conditions of this Notice of Approval and as provided in any other approval or permit that may be issued for this Site.
    2. The Proponent shall fulfill all commitments made during the environmental assessment process, the commitments identified in the amended Environmental Assessment, including, but not limited to, those set forth in chapter 24 of the amended Environmental Assessment, and the commitments made in the Proponent’s responses to the comments received following the formal submission of the Environmental Assessment and the publication of the Ministry Review.
    3. Should the proponent wish to make a change to any document, report, plan or program required by way of this Notice of Approval after the document, report, plan or program has been accepted or approved by the Ministry, the Proponent shall obtain written approval for the proposed change from the Ministry delegate referenced in the Condition that requires the document, report, plan or program.
    4. For any document, report, plan or program required to be prepared, submitted or posted publicly by the Proponent by way of this Notice of Approval, the Director may determine that the Proponent is no longer required to do so. The Director shall notify the Proponent in writing should the Director determine that the Proponent is no longer required to prepare, submit or post a document, report, plan or program as required by way of this Notice of Approval.
    5. The conditions of the Notice of Approval do not prevent more restrictive conditions being imposed under other statutes.
  2. Public Record
    1. Where a document, report, plan or program is required by way of this Notice of Approval, the Proponent shall post the document, report, plan or program on the Proponent’s Project Website. The Proponent shall also provide one hardcopy and one electronic copy of the document, report, plan or program to the Director and the District Manager.
    2. The Proponent shall submit written notice to the Director and the District Manager regarding each key milestone pertaining to the planning, design, Construction, operation, closure and decommissioning of the Undertaking.
    3. The Environmental Assessment Reference Number 14175 and EA File Number EA-02-10 shall be quoted on all documents submitted to the Ministry pursuant to this Notice of Approval.
    4. For every document, report, plan or program submitted to the Ministry, the Proponent shall clearly identify which condition of approval the document, report, plan or program is meant to fulfill.
  3. Compliance Monitoring Program
    1. The Proponent shall prepare and submit to the Director for approval an Environmental Assessment Compliance Monitoring Program.
    2. The Environmental Assessment Compliance Monitoring Program shall be submitted to the Director within 60 days from the Date of Approval or such other time as agreed to in writing by the Director.
    3. The Environmental Assessment Compliance Monitoring Program shall include a description of how the Proponent will:
      1. Monitor the implementation of the Undertaking in accordance with the amended Environmental Assessment;
      2. Monitor compliance of the commitments made during the environmental assessment process;
      3. Monitor compliance of the commitments identified in the amended Environmental Assessment, including, but not limited to, those set forth in chapter 24 of the amended Environmental Assessment document;
      4. Monitor compliance of the commitments made in the Proponent’s responses to the comments received following the formal submission of the Environmental Assessment and the publication of the Ministry Review;
      5. Monitor compliance with the design, construction, operation, closure and decommissioning of the Undertaking as set forth in the amended Environmental Assessment;
      6. Monitor compliance of the monitoring, mitigation measures, consultation, additional studies and work as described in the amended Environmental Assessment; and,
      7. Monitor compliance with the conditions set forth in this Notice of Approval.
    4. The Environmental Assessment Compliance Monitoring Program shall contain an implementation schedule for all monitoring activities that are to be completed.
    5. The Director may require the Proponent to amend the Environmental Assessment Compliance Monitoring Program at any time.  Should an amendment be required, the Director will notify the Proponent in writing of the required amendment and the date by which the Proponent must complete and submit the amendment to the Director.
    6. The Proponent shall submit the amended Environmental Assessment Compliance Monitoring Program to the Director within the time period specified by the Director.
    7. The Proponent shall implement the Environmental Assessment Compliance Monitoring Program, and any subsequent amendments that may be required.
  4. Compliance Reporting
    1. The Proponent shall prepare an Annual Compliance Report outlining the results of the Environmental Assessment Compliance Monitoring Program.
    2. The first Compliance Report shall be submitted to the Director for review no later than 30 days following the one-year anniversary of the Date of Approval and shall outline the results of the Environmental Assessment Compliance Monitoring Program for the period of one year from the Date of Approval.
    3. Each subsequent Annual Compliance Report shall be submitted no later than one year following the submission of the previous Annual Compliance Report and shall outline the results of the Environmental Assessment Compliance Monitoring Program following the submission of the previous Annual Compliance Report.
    4. The Proponent shall continue to submit an Annual Compliance Report each year following the Date of Approval until all the conditions in this Notice of Approval are satisfied or until such time as the Director determines that the proponent is no longer required to do so. The Director shall notify the Proponent in writing should the Director determine that the Proponent is no longer required to submit an Annual Compliance Report.
    5. Once all conditions of this Notice of Approval have been satisfied, the Proponent shall notify the Director in writing that the final Annual Compliance report is being submitted, and that all conditions in this Notice of Approval have been satisfied.  The Ministry will confirm whether all conditions have been satisfied and the Director will state this in writing to the Proponent.
    6. The Proponent shall retain either on the Site or in another location approved by the Director a copy of each Annual Compliance Report that has been submitted to the Ministry until such time as the Director determines that the Proponent is no longer required to do so. The Director shall notify the Proponent in writing should the Director determine that the Proponent is no longer required to retain copies of the Annual Compliance Reports that have been submitted.
    7. The Proponent shall make each Annual Compliance Report that has been submitted to the Director, and any associated documentation, available to any Ministry designate in a timely manner when requested to do so.
  5. Complaint Protocol
    1. The Proponent shall prepare and implement a Complaint Protocol that sets out provisions for dealing with and responding to inquiries and complaints during all stages of the Undertaking. The Complaint Protocol shall include a procedure for notifying the District Manager of the complaints or inquires received and how they have been addressed or responded to.
    2. The Proponent shall submit the Complaint Protocol to the Director for approval, with a copy to the District Manager, within one year from the Date of Approval or 60 days before the start of Construction, whichever is earlier, or such other time as agreed to in writing by the Director.
    3. The Director may require the Proponent to amend the Complaint Protocol at any time. Should an amendment be required, the Director shall notify the proponent in writing of the amendment required and when the amendment must be completed.
    4. The Proponent shall submit the amended Complaint Protocol to the Director within the time period specified by the Director.
    5. The Proponent shall implement the Complaint Protocol and any amendments that may be made to it.
    6. The Proponent shall provide a summary of the complaints and inquiries received and how they were addressed or responded to as part of the Annual Compliance Report, as required pursuant to Condition 5 of this Notice of Approval. The Proponent shall post the summary on the Proponent’s Project Website.
  6. Traditional Knowledge
    1. The Proponent shall offer to meet with each First Nation and Métis community that submitted Traditional Knowledge Studies or Resource Use Studies during the environmental assessment process.
    2. For those First Nation and Métis communities that wish to meet, the Proponent shall meet with the community prior to the submission of any final applications for permits or approvals required by any government agency or jurisdictional authority for the Undertaking.
    3. When meeting with a First Nation or Métis community, the Proponent shall provide the First Nation or Métis community with a list of permits and approvals that are required for the Undertaking. The Proponent shall discuss how the community’s traditional knowledge will be incorporated into or considered as part of each application.
    4. The Proponent shall consider any comments provided by a First Nation or Métis community. Prior to the submission of any final applications for permits or approvals required by any government agency or jurisdictional authority for the Undertaking, the Proponent shall, as appropriate, amend or revise the application to address the comments received.
    5. Following a meeting with a First Nation or Métis community, the Proponent shall, as appropriate, provide a written explanation to the community explaining how their traditional knowledge was or will be incorporated into any final applications for permits or approvals required by any government agency or jurisdictional authority for the Undertaking.
    6. The Proponent shall notify the Director in writing, with a copy of the notice being sent to each First Nation and Métis community that met with the Proponent pursuant to Condition 7.3 of this of Approval, when the requirements of Condition 7 of this Notice of Approval have been met.
  7. Indigenous Communities
    1. The Proponent shall continue to engage and consult with Indigenous Communities at each key milestone of the Undertaking following the Date of Approval.
    2. Prior to the submission of any final applications for permits or approvals required by any government agency or jurisdictional authority for the Undertaking, the Proponent shall update the Community Specific Consultation Plan that was prepared as part of the environmental assessment process for Indigenous Communities. 
    3. The updates to the Community Specific Consultation Plan required pursuant to Condition 8.6 of this Notice of Approval shall include, but not be limited to, the following:
      1. The identification of each key milestone during the Undertaking where an opportunity for engagement or consultation will be provided;
      2. How the Proponent will notify or update the Indigenous community about each key milestone during the Undertaking;
      3. How the Proponent will share or exchange information with the Indigenous community as part of each key milestone during the Undertaking;
      4. A list of the permits or approvals required by any government agency or jurisdictional authority required for the Undertaking;
      5. How the Proponent will engage or consult with the Indigenous community as part of the application process for the permits or approvals required by any government agency or jurisdictional authority for the Undertaking;
      6. A list of the environmental monitoring and reporting activities that are to be completed as part of the Undertaking;
      7. How the Proponent will engage or consult with Indigenous communities as part of the environmental monitoring and reporting activities that are to completed part of the Undertaking;
      8. How the Proponent will fulfill the commitments made to the Indigenous community during the environmental assessment process, the commitments identified in amended Environmental Assessment documentation, and the commitments made in the Proponent’s responses to the comments received from the Indigenous community following the formal submission of the Environmental Assessment and the publication of the Ministry Review;
      9. How the Proponent will inform the Indigenous community when impacting activities will occur so that the communities will have a reasonable opportunity to carry out specific cultural practices beforehand, as they consider appropriate; and,
      10. How the Proponent shall notify the Indigenous community if archaeological resources or Indigenous remains are encountered during the Undertaking.
    4. The Proponent shall implement the Undertaking in accordance with the updated Community Specific Consultation Plan required pursuant to Condition 8.3 of this Notice of Approval.
  8. Soil Management Plan
    1. The Proponent shall develop and implement, in consultation with the Ministry’s Thunder Bay District Office, and to the satisfaction of the District Manager, a Soil Management Plan.
    2. The Soil Management Plan shall, at a minimum, include:
      1. The location of any areas in which soil is likely to be disturbed or removed during construction, operation, closure and decommissioning;
      2. The volume of soil that is likely to be disturbed or removed;
      3. An assessment of the contaminant characteristics and a description of the soil that is likely to be disturbed or removed; and,
      4. A description about the approach to how the soil that is likely to be disturbed or removed will be collected, stored and disposed, including a list of storage and disposal locations.
    3. The Proponent shall submit the Soil Management Plan to the District Manager a minimum of 90 days prior to the start of Construction or such other date as agreed to in writing by the District Manager.
    4. The District Manager may require changes to be made to the Soil Management Plan and the Proponent shall implement the plan in accordance with the required changes.
  9. Historical Tailings Management and Relocation Plan
    1. Prior to the start of Construction, the Proponent shall identify all areas in which historical tailings and overlying contaminated soils are likely to be disturbed or removed as part of the Undertaking.
    2. The Proponent shall prepare, in consultation with the Ministry’s Thunder Bay District Office, and to the satisfaction of the District Manager, a Historic Tailings Inventory that provides sufficient information about the historic tailings and overlying contaminated soils in all areas where historic tailings and overlying contaminated soils are likely to be disturbed or removed as part of the of the Undertaking.
    3. The Historical Tailings Inventory shall, at a minimum, include:
      1. The identification of all areas in which historical tailings and overlying contaminated soils are likely to be disturbed or removed as part of the Construction, operation, closure and decommissioning of the Undertaking;
      2. The estimated volume of historical tailings and overlying contaminated soils that are likely to be disturbed or removed in each area; and,
      3. An assessment of the contaminant characteristics, migration potential and the exposure pathways and receptors of the historic tailings and overlying contaminated soils that are likely to be disturbed or removed in each area.  
    4. The Historical Tailings Inventory shall be submitted to the District Manager prior to the submission of any final applications for permits or approvals required under the Environmental Protection Act or Ontario Water Resources Act for the Undertaking or such other time as agreed to in writing by the District Manager.
    5. The Proponent shall prepare and implement, in consultation with the Ministry’s Thunder Bay District Office, and to the satisfaction of the District Manager, a Historical Tailings Management and Relocation Plan for the areas in which historical tailings and overlying contaminated soils are likely to be disturbed or removed as part of the Undertaking.
    6. The Historical Tailings Management and Relocation Plan shall, at a minimum, include:
      1. A list and a description of the activities that will take place in which historical tailings and overlying contaminated soils are likely to be disturbed or removed as part of the Undertaking;
      2. A schedule in which the activities that will result in historical tailings and overlying contaminated soils being disturbed or removed are expected are to take place;
      3. The identification of how any historic tailings and overlying contaminated soils that may be disturbed or removed as part of each activity will be managed, handled, stored or disposed;
      4. The identification, evaluation and confirmation of the potential impacts associated with the activities that will take place in which historic tailings overlying contaminated soils are disturbed or removed;
      5. A delineation of the groundwater contaminant plume distribution and boundaries of the historic tailings and overlying contaminated soils that are likely to be disturbed or removed in each area;
      6. The identification of the mitigation and monitoring measures that will be undertaken to prevent, minimize, avoid or reduce the impacts that are likely to result from the activities that will take place in which historic tailings and overlying contaminated soils are disturbed or removed; and,
      7. The identification, evaluation and confirmation of the associated increase, reduction or change in the loadings to Kenogamisis Lake that will result from the activities that will take place in which historic tailings and overlying contaminated soils are disturbed or removed.
    7. The Historical Tailings Management and Relocation Plan shall be submitted to the District Manager at a minimum 90 days prior to the start of Construction or such other time as agreed to in writing by the District Manager.
    8. The District Manager may require changes to be made to the Historical Tailings Management and Relocation Plan and the Proponent shall make the changes and implement the plan in accordance with the required changes.
  10. Modelling of Policy 2 Offsets
    1. The Proponent shall develop, in consultation with the Ministry’s Northern Region Office, and to the satisfaction of the Regional Director, a Modelling Plan to identify, assess and characterize the offset of arsenic, and iron loadings that are likely to result from the management and relocation of historical tailings.
    2. The Modelling Plan shall, at a minimum, include:
      1. The incorporation of the conclusions of the Historic Tailings Management and Relocation Plan as required pursuant to Condition 10;
      2. The use of a hydrodynamic model that is at least 2 dimensional, depth integrated, and that is integrated with water quality modelling;
      3. Water quality modelling of arsenic and iron and their interactions;
      4. Consideration of the role of sediment water interactions in contaminant movement;
      5. The inclusion of a reasonable number of different scenarios based on a range of possible contaminant loads and on varying hydrodynamic regimes of the system, including, but not limited to, average, high, and low flows;
      6. The coupling of groundwater inputs with the hydrodynamic and water quality models;
      7. Calibration and validation of both the hydrodynamic and water quality model;
      8. Physical models that are constructed to provide an accurate estimate of the actual changing rates of loadings to the system; and,
      9. The use of a loadings attenuation rate in numerical models.
    3. The Proponent shall submit the Modelling Plan to the Regional Director a minimum of 90 days prior to the start of modelling or such other date as agreed to in writing by the Regional Director.
    4. The Proponent will carry out the Modelling Plan in accordance with the approved Modelling Plan by a date determined by the Regional Director.
    5. The Proponent shall develop, in consultation with the Ministry’s Northern Region Office, and to the satisfaction of the Regional Director, a set of effluent discharge criteria and monitoring requirements.
    6. The Proponent shall submit the effluent discharge criteria and monitoring requirements required pursuant to Condition 11.5 of this Notice of Approval as part of any applications for permits or approvals required under the Environmental Protection Act or Ontario Water Resources Act for the Undertaking.
  11. Monitoring of Policy 2 Offsets
    1. The Proponent shall prepare, in consultation with the Ministry’s Thunder Bay District Office, and to the satisfaction of the District Manager, a Policy 2 Contaminant Monitoring Program and Reporting Plan for the Undertaking.
    2. The Policy 2 Contaminant Monitoring Program and Reporting Plan shall, at a minimum, include:
      1. A monitoring program to detect and quantify any potential changes to the concentrations and loadings of arsenic, iron, and phosphorous in Kenogamisis Lake, and any other potentially impacted waterbodies, that may result, directly or indirectly, from the Undertaking;
      2. A list of each of the parameters that shall be monitored as part of the monitoring program;
      3. An appropriate number of sampling locations;
      4. The proposed start date for and frequency of the monitoring and reporting to be carried out;
      5. A set of triggers, established in consultation with the Ministry’s Thunder Bay District Office, and to the satisfaction of the District Manager, for each of the parameters that shall be monitored as part of the monitoring program, that if met or exceeded will result in additional assessment and, if necessary, the implementation of mitigation measures identified in the adaptive management plan as required pursuant to Condition 12.2(f);
      6. An adaptive management plan that identifies the mitigation measures and strategies that will be carried out to address the possibility of higher than predicted arsenic, iron, and phosphorous concentrations triggers required pursuant to Condition 12.2(e);
      7. A set of triggers, established in consultation with the Ministry’s Thunder Bay District Office, and to the satisfaction of the District Manager, that will identify if any further degradation to the quality of water in Kenogamisis Lake, in terms of overall loadings to the lake, is occurring;
      8. A provision to cease discharge of all effluent from the Undertaking should it be determined that a detectable and quantifiable exceedance of the triggers established pursuant to the triggers required pursuant to Condition 12.2 (g) has occurred; and,
      9. A schedule, established in consultation with the Ministry’s District Office and to the satisfaction of the District Manager, for the reporting of the results, analysis and interpretation of the monitoring program.
    3. The Proponent shall submit the Policy 2 Contaminant Monitoring Program and Reporting Plan to the District Manager a minimum of 90 days prior to the start of Construction or by such other date as agreed to in writing by the District Manager.
    4. The Proponent shall implement the Policy 2 Contaminant Monitoring Program and Reporting Plan prior to the start of Construction or at such other time that may be determined by the District Manager and communicated to the proponent in writing.
    5. The Proponent shall continue the Policy 2 Contaminant Monitoring Program and Reporting Plan until such time as the District Manager notifies the Proponent in writing that the Policy 2 Contaminant Monitoring Program and Reporting Plan are no longer required.
    6. The District Manager may require changes to be made to the Policy 2 Contaminant Monitoring Program and Reporting Plan, and the Proponent shall make the changes and implement the plan in accordance with the required changes.
    7. The Proponent shall report the results of the Policy 2 Contaminant Monitoring Program and Reporting Plan to the District Manager in accordance with the reporting requirements of the approved Reporting Plan.
  12. Multi-Media Monitoring Program
    1. Prior to the start of Construction, the Proponent shall identify any areas where the Undertaking may have the potential to affect groundwater, surface water, sediment and aquatic organisms.
    2. For those areas identified where groundwater, surface water, sediment and aquatic organisms may have a potential to be impacted by the Undertaking, the Proponent shall prepare and implement, in consultation with the Ministry’s Thunder Bay District Office, and to the satisfaction of the District Manager, a Multi-Media Monitoring Program.
    3. The Multi-Media Monitoring Program shall, at a minimum, include:
      1. A groundwater, surface water, sediment and biological monitoring and reporting program;
      2. A list of each of the contaminants that shall be monitored as part of the monitoring and reporting program, including the identification of which contaminants will be monitored in each media;
      3. Triggers for additional assessment of cause and, if necessary, implementation of mitigation measures, established in consultation with the Ministry’s Northern Region Office, and to the satisfaction of District Manager, for each of the contaminants that shall be monitored as part of the monitoring and reporting program;
      4. The proposed start date, frequency and locations of groundwater, surface water, sediment, and biological monitoring; and,
      5. An Adaptive Management Plan that identifies the mitigation measures and strategies that will be carried out should exceedances to the triggers required pursuant to Condition 12.3 (c) occur.
    4. The Proponent shall submit the Multi-Media Monitoring Program to the District Manager a minimum of 90 days prior to the start of Construction or such other date as agreed to in writing by the District Manager.
    5. The District Manager may require changes to be made to the Multi-Media Monitoring Program and the Proponent shall make the changes and implement the plan in accordance with the required changes.
    6. The Multi-Media Monitoring Plan shall commence prior to the start of Construction, or such other time as agreed to in writing by the District Manager, and shall continue until such time as the District Manager notifies the Proponent in writing that the Multi-Media Monitoring Program is no longer required.
    7. The Proponent shall prepare and submit to the District Manager, a monthly report containing the results of the Multi-Media Monitoring Program. The first report shall be submitted 30 days from the start of the monitoring program and every month thereafter.
    8. The District Manager may make changes to frequency in which the report containing the results of the Multi-Media Monitoring Program is submitted. The District Manager will notify the Proponent in writing of the change.
  13. Fish Sampling Program and Fish Population Monitoring Plan
    1. Prior to the start of Construction, the Proponent shall identify any areas where the Undertaking may have the potential to affect fish and fish habitat. 
    2. For those areas identified where fish and fish habitat may have a potential to be impacted by the Undertaking, the Proponent shall prepare and implement, in consultation with the Ministry of Natural Resources and Forestry and to the satisfaction of the Ministry of Natural Resources and Forestry’s District Manager of the Nipigon District Office, a Fish Sampling Program and Fish Population Monitoring Plan.
    3. The Fish Sampling Program and Fish Population Monitoring Plan shall include at a minimum:
      1. A fish sampling program;
      2. A fish and fish habitat monitoring program;
      3. The proposed start date, frequency and locations of the fish sampling program and fish population monitoring program;
      4. The contaminants that shall be monitored as part of the Fish Sampling Program and Fish Population Monitoring Plan; and,
      5. At least one meeting each year between the Proponent and the Ministry of Natural Resources and Forestry to discuss the plan, the results of the monitoring program, and any changes that are required to be made to the plan by the Ministry of Natural Resources and Forestry.
    4. The Proponent shall submit the Fish Sampling Program and Fish Population Monitoring Plan to the Director, with a copy to the District Manager, a minimum of 90 days prior to the start of Construction or such other date as agreed to in writing by the Director.
    5. The Fish Sampling Program and Fish Population Monitoring Plan shall commence prior to the start of Construction, or such other time as agreed to in writing by the Director, and shall continue until such time as the Director notifies the Proponent in writing that the Fish Sampling Program and Fish Population Monitoring Plan is no longer required.
    6. The Proponent shall prepare and submit to the Ministry of Natural Resources and Forestry’s District Manager of the Nipigon District Office, with a copy to the District Manager, an annual report containing the results of the Fish Sampling Program and Fish Population Monitoring Plan. The first report shall be submitted 12 months from the start of the monitoring program and every year thereafter.
  14. Mercury Monitoring Program and Management Plan
    1. Prior to the start of Construction, the Proponent shall identify any where the Undertaking may have the potential to alter, disturb or affect concentrations of either mercury or methylmercury within soil, sediment, groundwater, surface water or aquatic organisms.
    2. For those areas identified pursuant to Condition 15.1 where soil, sediment, groundwater, surface water or aquatic organisms may have a potential to be impacted by the Undertaking, the Proponent shall prepare and implement, in consultation with the Ministry’s Thunder Bay District Office, and to the satisfaction of the District Manager, a Mercury Monitoring Program and Management Plan.
    3. The Mercury Monitoring Program and Management Plan shall, at a minimum, include:
      1. A soil, sediment, groundwater, surface water and biological monitoring program to detect and quantify any potential changes to the concentrations of mercury and methylmercury that may result from the Undertaking;
      2. An appropriate number of sampling locations;
      3. The proposed start date for and frequency of the monitoring to be carried out; and,
      4. A management plan that identifies the mitigation measures and strategies that will be carried out to address the possibility of any changes to the concentrations of mercury and methylmercury that may result from the Undertaking.
    4. The Proponent shall submit the Mercury Monitoring Program and Management Plan to the District Manager a minimum of 90 days prior to the start of Construction or such other date as agreed to in writing by the District Manager.
    5. The District Manager may require changes to be made to the Mercury Monitoring Program and Management Plan and the Proponent shall make the changes and implement the plan in accordance with the required changes.
    6. The Mercury Monitoring Program and Management Plan shall commence prior to the start of Construction, or such other time as agreed to in writing by the District Manager, and shall continue until such time as the District Manager notifies the Proponent in writing that the Mercury Monitoring Program and Management Plan is no longer required.
  15. Phosphorous Treatment and Discharge
    1. The Proponent shall develop and implement, in consultation with the Ministry’s Thunder Bay District Office and to the satisfaction of the District Manager, phosphorous treatment for all discharge points from the Undertaking into surface water.
    2. Phosphorous treatment shall, at a minimum, include:
      1. The incorporation of the best available technology economically available to reduce effluent concentrations of total phosphorus as low as practical; and,
      2. Effluent limits established in consultation with the Ministry’s Thunder Bay District Office, and to the satisfaction of the District Manager.
    3. The Proponent shall ensure that total phosphorous loadings from effluent discharged from the Undertaking shall be managed in accordance with limits set by the Ministry.
    4. The Proponent shall include all phosphorus treatment technologies and associated effluent limits in any final applications that may be required for permits and approvals that include the regulation of effluent discharges under Environmental Protection Act or Ontario Water Resources Act.
    5. The Proponent shall not discharge any effluent from the Undertaking containing phosphorous until such time as the required upgrades and addition of phosphorous treatment technology at the Geraldton Sewage Treatment Plant have been implemented and are operational or until an alternative phosphorous offsetting plan has been developed, in consultation with the Ministry’s Northern Region Office and to the satisfaction of the District Manager, and implemented.
  16. Vegetation and Habitat Restoration
    1. Prior to the start of Construction, the Proponent shall identify the areas where the Undertaking will result in the removal or alteration of any vegetative communities and habitats.
    2. The Proponent shall prepare, in consultation with the Ministry of Natural Resources and Forestry, and to the satisfaction of the Ministry of Natural Resources and Forestry’s District Manager of the Nipigon District Office, an inventory of all the vegetative communities and habitats that are likely to be the subject to removal or alteration as a result of the Undertaking.
    3. The Proponent shall prepare and implement a Vegetation and Habitat Restoration Plan to offset the impacts of the Undertaking on any existing vegetative communities, habitat and natural features.
    4. The Vegetation and Habitat Restoration Plan shall be prepared in consultation with the Ministry of Natural Resources and Forestry, and to the satisfaction of the Ministry of Natural Resources and Forestry’s District Manager of the Nipigon District Office.
    5. The Proponent shall submit the Vegetation and Habitat Restoration Plan to the District Manager of the Nipigon District, Geraldton Field Office, with a copy to the Director and District Manager, prior to any Construction activities that would impact the findings in the plans.
  17. Waste Management
    1. Prior to the submission of an application for an Environmental Compliance Approval under Section 20.3 of the Environmental Protection Act, the Proponent shall arrange a pre-consultation meeting with the Ministry’s Environmental Assessment and Permissions Branch, Approvals Services, Supervisor of Waste.
    2. The pre-consultation meeting shall be for the purposes of discussing the information that will be required as part of an Environmental Compliance Approval application package and to set forth the ministry’s expectations about the information that will be required to technically assess the proposed new landfill sites.
  18. Waste Management and Contingency Plan
    1. The Proponent shall develop, in consultation with the Ministry’s Thunder Bay District Office, and to the satisfaction of the District Manager, a Waste Management and Contingency Plan;
    2. The Waste Management and Contingency Plan shall, at a minimum, include:
      1. The types and amounts of waste that will be generated as part of the Undertaking;
      2. An explanation about how the types and amounts of waste generated as part of the Undertaking will be collected and stored prior to disposal;
      3. A list of the alternate locations where waste may be sent for disposal should a change be required to how waste is to be managed or disposed;
      4. Confirmation that the proposed alternate locations where waste may be sent for disposal are able to receive the waste types and amounts generated during construction, operation and decommissioning.
    3. The Proponent shall submit the Waste Management and Contingency Plan to the District Manager a minimum of 90 days prior to the start of construction or such other date as agreed to in writing by the District Manager.
    4. The District Manager may require changes to be made to the Waste Management and Contingency Plan and the Proponent shall make the changes and implement the plan in accordance with the required changes.
    5. The Proponent shall notify, in writing, the District Manager should the Proponent want to change the approach to the disposal of waste.
  19. Sanitary Sewage Management and Contingency Plan
    1. The Proponent shall develop, in consultation with the Ministry’s Thunder Bay District Office, and to the satisfaction of the District Manager, a Sanitary Sewage Waste Management and Contingency Plan;
    2. The Sanitary Sewage Waste Management and Contingency Plan shall, at a minimum, include:
      1. The amounts of sanitary sewage waste that will be generated as part of the Undertaking;
      2. An explanation about how the amounts of sanitary sewage waste generated as part of the Undertaking will be collected and stored prior to disposal;
      3. A list of the alternate locations where sanitary sewage waste may be sent for disposal should a change to how sanitary sewage waste is managed or disposed be required; and,
      4. Confirmation that the proposed alternate locations where sanitary sewage waste may be sent for disposal are able to receive the waste types and amounts generated by the Undertaking.
    3. The Proponent shall submit the Sanitary Sewage Waste Management Contingency Plan to the District Manager a minimum of 90 days prior to the start of construction or such other date as agreed to in writing by the District Manager.
    4. The District Manager may require changes to be made to the Sanitary Sewage Waste Management Contingency Plan and the Proponent shall make the changes and implement the plan in accordance with the required changes.
  20. Sanitary Sewage Waste Management
    1. The sanitary sewage waste generated on site by the Undertaking during Construction shall be collected and shipped by the Proponent to the Nakina Sewage Treatment Plant for final disposal until such time as the required upgrades and addition of phosphorous treatment technology at the Geraldton Sewage Waste Treatment Plant have been implemented and are operational or until such time as an alternative approach as identified pursuant to Condition 20.2 (c) can be implemented.
  21. Ambient Air Monitoring and Reporting
    1. The Proponent shall prepare and implement, in consultation with the Ministry’s Thunder Bay District Office, and to the satisfaction of the District Manager, an Ambient Air Monitoring and Reporting Plan for the Undertaking.
    2. The Ambient Air Monitoring and Reporting Plan shall, at minimum, include:
      1. An ambient air monitoring program which includes an appropriate number and location of sampling sites;
      2. A list of all potential emission sources;
      3. The proposed start date for and frequency of the ambient air monitoring and reporting to be carried out; and,
      4. The identification of the contaminants that shall be monitored.
    3. The Proponent shall submit the Ambient Air Monitoring and Reporting Plan to the District Manager a minimum of 90 days prior to the start of Construction or by such other date as agreed to in writing by the District Manager.
    4. The Proponent shall implement the Ambient Air Monitoring Program prior to the start of Construction or at such other time that may be determined by the District Manager and communicated to the Proponent in writing.
    5. The Proponent shall carry out the Ambient Air Monitoring Program until such time as the District Manager notifies the Proponent in writing that the Ambient Air Monitoring Program is no longer required.
    6. The District Manager may require changes to be made to the Ambient Air Monitoring and Reporting Plan and the Proponent shall make the changes and implement the plan in accordance with the required changes.
  22. Noise Monitoring and Reporting
    1. The Proponent shall prepare and implement, in consultation with the Ministry’s Thunder Bay District Office and to the satisfaction of the District Manager, a Noise Monitoring and Reporting Plan for the Undertaking.
    2. The Noise Monitoring and Reporting Plan shall, at a minimum, include:
      1. A noise monitoring program which includes an appropriate number and location of monitoring sites;
      2. A list of all potential noise sources that will be monitored; and,
      3. The proposed start date for and frequency of the noise monitoring and reporting to be carried out.
    3. The Proponent shall submit the Noise Monitoring and Reporting Plan to the District Manager a minimum of 90 days prior to the start of Construction or such other date as agreed to in writing by the District Manager.
    4. The Proponent shall implement the Noise Monitoring and Reporting Plan prior to the start of Construction or at such other time that may be determined by the District Manager and communicated to the Proponent in writing.
    5. The Proponent shall carryout the Noise Monitoring and Reporting Plan until such time as the District Manager notifies the Proponent in writing that the Noise Monitoring and Reporting Plan is no longer required.
    6. The District Manager may require changes to be made to the Noise Monitoring and Reporting Plan and the Proponent shall make the changes and implement the plan in accordance with the required changes.
  23. Construction Environmental Management and Monitoring Plan
    1. Prior to the start of Construction, the Proponent shall prepare and implement a Construction Management and Monitoring Plan for the Undertaking.
    2. The Construction Management and Monitoring Plan shall, at a minimum, identify:
      1. Details of the Construction activities that will take place;
      2. A schedule in which the Construction activities that are expected to take place, including construction stages and the daily hours in which Construction activities will take place;
      3. Environmental Management Roles and Responsibilities;
      4. Orientation, Training, and Tailgate Meetings;
      5. Environmental Management Plans for Air Quality Management, Blasting Management, Contaminated Site Management, Erosion Prevention and Sediment Control Management, Fuel Handling and Storage Management, Groundwater Protection, Hazardous Waste Management, Noise and Vibration Management, Soil Management, Site Restoration and Revegetation, Surface Water Quality Management, Waste Management, Restricted Activity and Work Avoidance Zones;
      6. Spill Prevention and Response Plans;
      7. The manner in which baseline air, surface water and groundwater quality conditions will be established, including proposed sampling locations, the proposed start date and frequency of the ambient air, surface water and groundwater monitoring and reporting to be carried out, the contaminants to be monitored as a part of the air, surface water and groundwater quality monitoring;
      8. Measures to be implemented to mitigate air, surface water and groundwater quality impacts; and,
      9. Reporting plans, protocols and procedures for spills, complaints, monitoring results, and exceedances of legislated standards and prescribed thresholds.
    3. The Proponent shall submit the Construction Management and Monitoring Plan to the District Manager a minimum of 90 days prior to the start of construction or such other date as agreed to in writing by the District Manager.
  24. Notice of Construction
    1. The Proponent shall notify the Director and District Manager 90 days prior to the start of Construction, or such other date as agreed to in writing by the Director, of the Proponent’s intention to proceed with Construction of the Undertaking.
  25. Sequencing Plan
    1. The Proponent shall prepare a Sequencing Plan for the Undertaking.
    2. The Sequencing Plan shall, at a minimum, include:
      1. Details of the permitting, approvals and Construction activities that will take place as part of the Undertaking;
      2. A schedule for the permitting, approvals and Construction activities are expected to take place; and,
      3. A plan to notify the District Manager when a permitting, approvals or Construction activity has been initiated or completed.
    3. The Proponent shall submit the Sequencing Plan to the District Manager prior to the submission of a final application for any legislative approvals or permits issued under the Environmental Protection Act or Ontario Water Resources Act that may be required for Construction activities.
    4. Should there be a change required to the Sequencing Plan, the Proponent shall provide an updated Sequencing Plan to the District Manager prior to the change being implemented.
  26. Incorporation of Supplemental Information
    1. The Proponent shall update the amended Environmental Assessment documentation to accurately incorporate all additional information, commitments, studies, reports and modelling that were submitted after the formal submission of the Environmental Assessment.
    2. The update shall include any necessary changes to the narrative presented in the main body of the amended Environmental Assessment documentation to ensure that the description of the environmental assessment planning and decision making process presented accurately reflects why the additional information, commitments, studies, reports and modelling were submitted and how they influenced the conclusions of environmental assessment process that are presented in the amended Environmental Assessment. This should include, but not be limited to, updates to the following section of the amended environmental assessment documentation:
      1. Section 3 Community and Stakeholder Consultation;
      2. Section 5 Project Description;
      3. Section 10 Assessment of Potential Effects on Surface Water;
      4. Section 19 Assessment of Potential Environmental on Human and Ecological Health; and,
      5. Section 24 Summary of Environmental Effects and Commitments.
    3. The Proponent shall submit the update to the amended Environmental Assessment to the Director prior to Construction or such other date as agreed to in writing by the Director.
    4. The proponent shall post the updated amended Environmental Assessment on the Proponent’s Project Website.
  27. Amending procedures
    1. Prior to implementing any proposed changes to the Undertaking, the Proponent shall arrange a meeting with the Director to determine if any Environmental Assessment Act requirements may be applicable to the proposed changes.
  28. Duration of Approval
    1. If Construction has not commenced within 10 years of the Date of Approval this Notice of Approval shall expire.

Dated the 12 day of March 2019 at Toronto.

[Original Signed by]
Minister of the Environment, Conservation and Parks
77 Wellesley Street West
11th Floor, Ferguson Block
Toronto, Ontario
M7A 2T5

Approved by O.C. No. _______________
Date O.C. Approved _______________

Order in Council 404/2019