Agreement

This agreement is made in triplicate, between The Minister of the Environment (the Minister) and Stillwater Canada Incorporated, its agents, successors and assigns (the Proponent),

Concerning

The Proponent proposes to develop and operate the Marathon Platinum Group Metals and Copper Mine Project (Project) approximately 10 kilometres north of the Town of Marathon. This Project involves the establishment and operation of an open pit mine and mill for the purpose of extracting and processing ore containing copper and platinum group metals and including, but not limited to, any ancillary activities and the activities outlined below:

  • the construction and/or use of equipment, buildings and structures;
  • the establishment, construction and operation of tailing impoundment areas, explosives factory and magazine facilities, waste rock storage areas, water management facilities, transmission lines, temporary and emergency generation facilities, and activities to mitigate environmental impacts;
  • the decommissioning, closure and abandonment of the mine and mine-related infrastructure;
  • the establishment, construction and/or modification and use of transportation infrastructure including access roads, highways and/or rail lines to support the above mentioned activities and the transport of final mine concentrate(s).

(the Undertaking)

Whereas section 3.0.1 of the Environmental Assessment Act states:

A person, other than a person referred to in clause 3 (a), who carries out, proposes to carry out or is the owner or person having charge, management or control of an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity may enter into a written agreement with the Minister to have this Act apply to the enterprise, activity, proposal, plan or program.

Whereas the Proponent is a person, other than a person referred to in clause 3 (a) of the Environmental Assessment Act, who carries out, proposes to carry out or is the owner or person having charge, management or control of an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity which is described above as the Undertaking.

Whereas the Proponent has requested that the Environmental Assessment Act apply to the Undertaking.

Now, therefore

The Minister and the Proponent agree that the Environmental Assessment Act apply to the Undertaking.

This Agreement shall take effect from the date of the last signature below and shall continue indefinitely unless terminated by the agreement of both Parties, in writing.

Executed by:

Original signed by:
Agatha Garcia-Wright, Director
Environmental Assessment and Approvals Branch
Ministry of the Environment
March 22, 2011

Original signed by:
John R. Stark, Vice President
Stillwater Canada Incorporated
I have the authority to bind the Corporation.
March 23, 2011