Summit Mine 14 Project

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Attachment RE: Summit Mine 14 Project Follow Up

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Summit Coal Inc.
  • Reference number: 23
  • Submitted: 2022-10-25 - 11:16 PM
  • Please see the attached submission
  • Attachment included
  • 1800, 715 – 5 Avenue S.W., Calgary, Alberta T2P 2X6 Tel 403.263.3021 Fax 403.263.9125 SUMMIT COAL INC. IS A SUBSIDIARY OF MAXIM POWER CORP. October 25, 2022 SENT BY ELECTRONIC MAIL: Mine14@iaac-aeic.gc.ca Impact Assessment Agency of Canada Prairie and Northern Region Canada Place, Suite 1145-9700 Jasper Avenue, Edmonton Alberta, T5J 4C3 Attention: Jennifer Dallaire, Project Manager, Prairie and Northern Region Dear Ms. Dallaire: RE: Summit Coal Inc. Mine 14 Project – AWN Designation Request – Additional Questions Summit Coal Inc. (Summit) met with the Impact Assessment Agency of Canada (IAAC) on October 19, 2022 to discuss Summit’s previous submission related to the Aseniwuche Winewak Nation of Canada (AWN) Designation Request. The IAAC indicated they had two additional questions related to selenium and indigenous consultation, and that the Minister of Environment had received four letters from other indigenous communities that supported the AWN’s Designation Request. The IAAC provided the two questions and the four letters on October 19, 2022 and requested that Summit provide a response by October 25, 2022. This submission provides Summit’s response to the IAAC questions. If you have any questions or comments regarding this submission, please contact me by phone at (403) 750-9322 or by email at Regards, Summit Coal Inc. Shaun McNamara, Director, Environment and Safety cc. Kyle Mitton, Summit Dane McCoy, MEMS <Original signed by> <Email address removed> mailto:Mine14@iaac-aeic.gc.ca Mine 14 Project Impact Assessment Agency of Canada – Designation Request (AWN) Additional Questions from October 19, 2022 - ...

Attachment Federal Authority Advice Record - Environment and Climate Change Canada

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Environment and Climate Change Canada
  • Reference number: 30
  • Submitted: 2022-10-12 - 1:24 PM
  • Please see the attached submission. 
  • Attachment included
  • ATTACHMENT August 18, 2022 Federal Authority Advice Record: Designation Request under IAA Response due by September 8, 2022 Summit Mine 14 Project Department/Agency Environment and Climate Change Canada Lead Contact Marcus Edino Full Address 9250 49 St., Edmonton, AB, T6B 1K5 Email and EASouthPNR@ec.gc.ca Telephone Alternate Departmental Contact Gillian Brown Gillian.brown@ec.gc.ca 1. Has your department or agency considered whether it has an interest in the Project; exercised a power or performed a duty or function under any Act of Parliament in relation to the Project; or taken any course of action (including provision of financial assistance) that would allow the Project to proceed in whole or in part? Specify as appropriate. ECCC has not considered interest in the project, exercised a power or performed a duty, or taken any course of action as part of the Project. 2. Is it probable that your department or agency may be required to exercise a power or perform a duty or function related to the Project to enable it to proceed? If yes, specify that power, duty or function and its legislative source. Please note the following requirements that may apply to this project: Based on the available information, ECCC does not expect that it will be required to exercise a power or perform a duty or function related to the Project to enable it to proceed. Once the scope of the Project and of the assessment are established by the Agency, this may change as additional activities or Project components could come into scope. Since the Project is not located on federal lands and there are no Species at Risk Act (SARA) orders in place, only the SARA prohibitions pertaining to migratory birds ...
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Attachment Summit Coal Inc. Response to IAAC Letter re Request for Designation

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Summit Coal Inc.
  • Reference number: 12
  • Submitted: 2022-09-18 - 5:16 PM
  • Please see the attached submission
  • Attachment included
  • 1800, 715 – 5 Avenue S.W., Calgary, Alberta T2P 2X6 Tel 403.263.3021 Fax 403.263.9125 SUMMIT COAL INC. IS A SUBSIDIARY OF MAXIM POWER CORP. September 18, 2022 SENT BY ELECTRONIC MAIL: Mine14@iaac-aeic.gc.ca Jennifer Dallaire Project Manager, Prairie and Northern Region Impact Assessment Agency of Canada Suite 1145, 9700 Jasper Avenue Edmonton, Alberta T5J 4C3 Dear Ms. Dallaire: RE: Summit Coal Inc. Mine 14 Project – Response to Impact Assessment Agency of Canada (IAAC) Questions Summit Coal Inc. (Summit) submitted a response to the IAAC on September 8, 2022 which provided information related to a request to designate the Mine 14 Project Under Section 9(1) of the Canada Impact Assessment Act. This document has been prepared to respond to questions received on September 14, 2022, from the IAAC as a result of the initial submission. The following are Summit’s responses: Question: 1. As there are no external rock dumps planned for the Project, can you provide detail on how waste rock will be handled? Of interest is whether any waste rock will be stored at surface for any period of time during any phase of the Project, and whether waste rock stored underground can be weathered (i.e. exposed to air/water). Response: Summit has estimated that the total waste rock volumes that will be generated by Mine 14 will be in the range of 0.5 to 3% of the total production, which will be 1.3 million raw metric tonnes annually. This will equate to the following approximate volumes: • 0.5% - 6,500 tonnes per year (18 t/d) (coal haul trucks have a 40-tonne capacity, so this is equivalent to less than half a truck) • 3% - 39,000 tonnes per year (107 t/d) (approximately 2.5 coal haul ...
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Attachment RE: IAAC Request for Input, Designation Request of the Summit Mine 14 Project - Due September 8, 2022

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Environment and Climate Change Canada
  • Reference number: 29
  • Submitted: 2022-09-15 - 4:42 PM
  • Hi Jennifer,   Please find attached an updated ECCC’s FAAR response for the Summit Mine 14 Project. Our original response was updated following a review of addition information received from you on the 9th of September 2022. The sentence “Selenium is of particular concern for coal projects” on page 4 of our original submission has been updated in this version and now reads as: “There is not enough information to substantiate the claim that selenium is not of concern, notably with regards to groundwater interaction.” For your convenience, I highlighted the change in red in the document.   Our experts reviewed the new information and determined that no actual hydrology or water balance data was provided. The information put forward were limited to conclusions from reports that we cannot analyse. They equally made an observation in relation to a statement on page 10 of the Appendix A Summit Report (section 3.4.2) indicating that Mine contact water pond is sized for a 10-yr precipitation event, with any flows above that to be released. From our experts perspectives, typically, mine contact water is retained in ponds sized for 100-yr events.   Don’t hesitate to contact me if you have any questions.   Thank you and have a nice day.

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Attachment Re: Montana First Nation - IAAC Request for Input, Designation Request of the Summit Mine 14 Project - Due September 8, 2022

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Montana First Nation
  • Reference number: 25
  • Submitted: 2022-09-15 - 4:04 PM
  • Please see the attached submission. 
  • Attachment included
  • Page 1 of 1 Enclosure 1: Guiding Questions for Designation Requests Please respond by September 8, 2022 Designation Request for the Proposed Summit Mine 14 Project the Impact Assessment Act Potential Effects and Impacts 1. Please describe whether and how the potential adverse effects of the Project could result in changes to your community’s: (a) physical and cultural heritage (e.g. ceremonial sites, burial sites, cultural landscapes) Ceremony/ medicine harvesting areas, cultural landscapes. (b) current use of lands and resources for traditional purposes (e.g. hunting, fishing, trapping) Hunting, Fishing, trapping and harvesting (c) structures, sites or things of historical, archaeological, paleontological or architectural significance (e.g. artifacts, important historic buildings or symbols) Potential impacts to unidentified artifacts and landscapes 2. Please describe how the Project may result in changes (both positive and negative) to your community’s : (a) health, social or economic conditions (e.g. employment opportunities, easier access to goods and services, economic development, accessibility to health-care services); Effect on health due to impacts on traditional resources. (b) Indigenous knowledge, Indigenous language or Indigenous culture. Impacts to land/traditional resources. Limited land base to practice Culture 3. Please describe how the Project may result in any change (positive or negative) to : (a) the intersection of sex and gender with other identity factors (would there be effects to different sub-groups within your community, identified based on factors such as gender, age, race, religion etc.. For example, to women, youth, elders); ...
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Attachment DFN Comments on Mine 14 Designation Under the Impact Assessment Act

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Duncan's First Nation
  • Reference number: 28
  • Submitted: 2022-09-13 - 10:57 PM
  • Please see the attached submission. 
  • Attachment included
  • September 13, 2022 Honourable Minister Steven Guilbeault Environment and Climate Change Canada Fontaine Building 12th Floor, 200 Sacré-Coeur Blvd Gatineau QC K1A 0H3 Reviewing Officers Impact Assessment Agency of Canada 757 W Hastings St. Suite 210A Vancouver BC V6W 3M2 VIA EMAIL: ministre-minister@ec.gc.ca / Mine14@iaac-aeic.gc.ca / information@iaac-aeic.gc.ca / Allisson.Lefebvre@iaac-aeic.gc.ca Dear Honourable Minister and Reviewing Officers of the Impact Assessment Agency of Canada: Re: Duncan’s First Nation Comments on Mine 14 Designation Request A) Summary The Duncan’s First Nation (DFN) writes to you in relation to Summit Coal’s proposed ‘Mine 14 Project’ which is to be situated to the north of Grande Cache, Alberta to inform you that the DFN lends its support to the Aseniwuche Winewak Nation’s (AWN) recent request to subject the Project to review under the Impact Assessment Act (S.C. 2019, c. 28, s. 1). B) The Project Summit Coal Inc. (the proponent) is proposing the construction, operation, decommissioning and abandonment of an underground metallurgical coal mine located approximately four kilometres northeast of Grande Cache, Alberta. As proposed, the ‘Summit Mine 14 Project’ (the Project) would have a coal production capacity of approximately 3,562 tonnes per day. The Project would have a mailto:ministre-minister@ec.gc.ca mailto:Mine14@iaac-aeic.gc.ca mailto:information@iaac-aeic.gc.ca surface footprint of 53.5 hectares and a subsurface area of approximately 512 hectares and involves other Project components such as a haul road between the Grande Mountain mining area and Grande Cache, hauling of mined coal along Highway ...
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Attachment Cadotte Lake Métis Nation - Comments on Mine 14 Designation Request

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Cadotte Lake Métis Nation
  • Reference number: 13
  • Submitted: 2022-09-13 - 6:48 PM
  • Please see the attached submissions
  • Attachment included
  • 1 Summary Report Indicators of Rights and Cultural Practices Undertaken by the Cadotte Lake Métis In Relation to the Upper Smoky River Watershed September 2022 Prepared by the Cadotte Lake Métis 2 1.0 Summary Report Purpose This summary report considers indicators of Rights and Cultural Practices Undertaken by the Cadotte Lake Métis in Relation to the Upper Smoky River Watershed. The CLM submits that there are a number of factors present which indicate that some CLM families and members continue to exercise harvesting rights and cultural practices in the Upper Smoky River Watershed and areas in the vicinity of Grande Cache. Proposed coal mining projects (including Summit’s proposed Mine 14) within the same landscape area could result in adverse impacts on the CLM’s rights and practice of culture. Given the potential for such interactions and risks, a diligent approach by Crown agencies is recommended by the CLM. This would involve subsequent engagement and consultation steps with the CLM and the CLM’s participation in applicable environmental/impact assessments. In the CLM’s view, the relevant factors include: • the CLM’s Traditional Territory encompasses the upper reaches of the Smoky River and Smoky River watershed and areas in the vicinity of Grande Cache; • that other federal agencies have sought to include the CLM in project reviews of major projects occurring in areas between the Wapiti and Athabasca Rivers and areas as far south as the Grande Cache area; • that there is sufficient information to demonstrate that the CLM has maintained a cultural connection to the upper reaches of the Smoky ...
  • Attachment included
  • 340 – 1122 Mainland Street Vancouver, BC V6B 5L1 T 604 687 0459 ext 300 F 604 687 2696 www.jfklaw.ca Blair Feltmate He/him/his Associate September 13, 2022 Via Email ministre-minister@ec.gc.ca information@iaac-aeic.gc.ca Honourable Minister Steven Guilbeault Environment and Climate Change Canada Fontaine Building 12th Floor, 200 Sacré-Coeur Blvd Gatineau, QC K1A 0H3 Impact Assessment Agency of Canada 757 W Hastings St. Suite 210A Vancouver, BC V6W 3M2 Dear Honourable Minister Guilbeault and the Impact Assessment Agency of Canada: Re: Comments from Cadotte Lake Métis Nation on Mine 14 Designation Request We are legal counsel to Cadotte Lake Métis Nation (“CLMN”) with respect to Summit Coal Inc.’s Mine 14 Project (the “Project”). CLMN recently became aware that the IAAC had received a request from Aseniwuche Winewak Nation (the “AWN Request”) to designate the Project for federal review under section 9(1) of the Impact Assessment Act SC 2019, c 28, s. 1. We write to provide comment on the AWN Request and state that CLMN:  supports AWN’s request and endorses their submissions; and  further requests that the Minister of Environment and Climate Change (the “Minister”) designate the project for federal review. In addition to the comments below, CLMN also attaches a summary report of traditional land use and occupancy in northwestern Alberta prepared to support the comments in this letter (the “Summary Report”). The Summary Report identifies the historical presence of CLMN ancestors in northwestern Alberta, contemporary use by CLMN members in northwestern Alberta including detailed information on the rights practiced in the area, and overlap between the ...
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Attachment Ermineskin Cree Nation - Comments on Mine 14 Designation Request

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Ermineskin Cree Nation
  • Reference number: 24
  • Submitted: 2022-09-13 - 5:58 PM
  • Please see the attached submission. 
  • Attachment included
  • 340 – 1122 Mainland Street Vancouver, BC V6B 5L1 T F www.jfklaw.ca Blair Feltmate He/him/his Associate C E September 13, 2022 Via Email ministre-minister@ec.gc.ca information@iaac-aeic.gc.ca Honourable Minister Steven Guilbeault Environment and Climate Change Canada Fontaine Building 12th Floor, 200 Sacré-Coeur Blvd Gatineau, QC K1A 0H3 Impact Assessment Agency of Canada 757 W Hastings St. Suite 210A Vancouver, BC V6W 3M2 Dear Honourable Minister Guilbeault and the Impact Assessment Agency of Canada: Re: Comments from Ermineskin Cree Nation on Mine 14 Designation Request We are legal counsel to Ermineskin Cree Nation (“Ermineskin”) with respect to Summit Coal Inc.’s Mine 14 Project (the “Project”). On August 18, 2022, the Impact Assessment Agency of Canada (“IAAC”) sent a letter to Chief Randy Ermineskin informing Ermineskin that the IAAC received a request from Aseniwuche Winewak Nation (“AWN Request”) to designate the Project for federal review under section 9(1) of the Impact Assessment Act SC 2019, c 28, s. 1. We write to provide comments on the AWN Request and state that Ermineskin:  supports AWN’s request and endorses their submissions; and  further requests that the Minister of Environment and Climate Change (the “Minister”) designate the project for federal review. In support of this designation request, Ermineskin attaches memorandum that summarizes historical and existing land use values in and around the Project area. This information was compiled using existing Ermineskin land use information and under relatively tight timelines, to inform this designation request. As such, it should not be taken as a comprehensive review of all land ...
  • Attachment included
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Attachment WLFN #128 Comments on Mine 14 Designation Request

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Whitefish Lake First Nation #128
  • Reference number: 27
  • Submitted: 2022-09-13 - 5:18 PM
  • Please see the attached submission. 
  • Attachment included
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  • Attachment included
  • 240 – 1122 Mainland Street Vancouver, BC V6B 5L1 T F www.jfklaw.ca Blair Feltmate He/him/his Associate C E File No. 1265-062 September 13, 2022 Via Email ministre-minister@ec.gc.ca information@iaac-aeic.gc.ca Honourable Minister Steven Guilbeault Environment and Climate Change Canada Fontaine Building 12th Floor, 200 Sacré-Coeur Blvd Gatineau, QC K1A 0H3 Impact Assessment Agency of Canada 757 W Hastings St. Suite 210A Vancouver, BC V6W 3M2 Dear Honourable Minister Guilbeault and the Impact Assessment Agency of Canada: Re: Comments from Whitefish Lake First Nation #128 on Mine 14 Designation Request We are legal counsel to Whitefish Lake First Nation #128 (“Whitefish”) with respect to Summit Coal Inc.’s Mine 14 Project (the “Project”). On August 18, 2022, the IAAC sent a letter to Chief Stan Houle informing Whitefish that the IAAC received a request from Aseniwuche Winewak Nation (the “AWN Request”) to designate the Project for federal review under section 9(1) of the Impact Assessment Act SC 2019, c 28, s. 1. We write to provide comment on the AWN Request and state that Whitefish:  supports AWN’s request and endorses their submissions; and  further requests that the Minister of Environment and Climate Change (the “Minister”) designate the project for federal review. In support of this designation request, please find attached a memorandum that summarizes historical and existing land use values in and around the Project area. This information was compiled using existing Whitefish land use information and under relatively tight timelines. As such, it should not be taken as a comprehensive review of all land use values in and around the Project ...
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Attachment Follow up_IAAC/ECCC/NRCan/DFO_Summit Mine 14 Project Designation Request

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Fisheries and Oceans Canada
  • Reference number: 10
  • Submitted: 2022-09-12 - 3:36 PM
  • Please see the attached submission
  • Attachment included
  • ATTACHMENT August 18, 2022 Federal Authority Advice Record: Designation Request under IAA Response due by September 8, 2022 Summit Mine 14 Project Department/Agency Fisheries and Oceans Canada Lead Contact Amelia Corrigan Full Address 1028 Parsons Road Email Telephone Alternate Departmental Contact 1. Has your department or agency considered whether it has an interest in the Project; exercised a power or performed a duty or function under any Act of Parliament in relation to the Project; or taken any course of action (including provision of financial assistance) that would allow the Project to proceed in whole or in part? Specify as appropriate. Yes, in 2009 Fisheries and Oceans Canada (DFO) issued a Letter of Advice (LOA) to the Proponent, indicating that no fish or direct fish habitat were expected to be impacted by the Project (DFO File #07- HCAA-CA1-00689, see attached). An LOA is a non-regulatory tool used to provide advice to the proponent in instances where prohibited impacts to fish and fish habitat are unlikely with appropriate avoidance and mitigation measures. The LOA issued for this Project included additional mitigations to reduce potential impacts to fish and fish habitat downstream of the project area (e.g. erosion sediment control measures). This letter does not represent a power, duty, or function under any Act of Parliament. DFO reserves the right to require further review of project impacts should new or additional information become relevant. 2. Is it probable that your department or agency may be required to exercise a power or perfo rm a duty or function related to the Project to enable it to proceed? If yes, specify that power, duty or ...
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Attachment IAAC Request for Input, Designation Request of the Summit Mine 14 Project

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Women and Gender Equality Canada
  • Reference number: 11
  • Submitted: 2022-09-12 - 2:34 PM
  • Please see the attached submission
  • Attachment included
  • ATTACHMENT August 18, 2022 Federal Authority Advice Record: Designation Request under IAA Response due by September 8, 2022 Summit Mine 14 Project Department/Agency Women and Gender Equality Canada (WAGE) Lead Contact Denise Gareau, Director, GBA Plus Directorate, Research Results & Delivery and Center of Expertise Branch Full Address 22 Eddy, Gatinueau, QC Email FEGC.EvaluationImpacts-ImpactsAssessment.WAGE@fegc-wage.gc.ca Telephone 819-938-1132 Alternate Departmental Contact Jessica Bialek, Analyst, GBA Plus Directorate, Research Results & Delivery and Center of Expertise Branch 1. Has your department or agency considered whether it has an interest in the Project; exercised a power or performed a duty or function under any Act of Parliament in relation to the Project; or taken any course of action (including provision of financial assistance) that would allow the Project to proceed in whole or in part? Specify as appropriate. No. 2. Is it probable that your department or agency may be required to exercise a power or perform a duty or function related to the Project to enable it to proceed? If yes, specify that power, duty or function and its legislative source. WAGE does not hold any regulatory power, functions or duties. 3. If your department or agency will exercise a power or perform a duty or function under any Act of Parliament in relation to the Project, will it involve public and Indigenous consultation? Specify as appropriate. N/A 4. Is your department or agency in possession of specialist or expert information or knowledge that may be relevant to any potential adverse effects within federal jurisdiction caused by the Project or ...
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Attachment Mining Association of Canada letter: Request for designation of Summit Mine 14, Reference number 83917

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Mining Association of Canada
  • Reference number: 9
  • Submitted: 2022-09-09 - 5:11 PM
  • Please see the attached submission
  • Attachment included
  • Summit Mine 14 Project Impact Assessment Agency of Canada Canada Place 9700 Jasper Avenue, Suite 1145 Edmonton, Alberta T5J 4C3 Telephone: 780-495-2037 Email: Mine14@iaac-aeic.gc.ca Subject: Request for designation of Summit Mine 14, Reference Number 83917 I am writing to you today regarding the request for designation of the Summit Mine 14. The Mining Association of Canada (MAC) is the national organization representing the Canadian mining industry, comprising companies engaged in mineral exploration, mining, smelting, refining and semi-fab metals, uranium, diamonds, metallurgical coal, and mined oil sands. MAC members strive to be responsible operators who are respectful environmental stewards, whose actions go beyond legal compliance. Their commitments are demonstrated through participation in Towards Sustainable Mining (TSM), a performance-based program whereby mining operations evaluate, manage and publicly report on critical environmental and social responsibilities, including facility-level performance in the area of biodiversity conservation management, water stewardship and climate change. The Impact Assessment Act (IAA) is structured to apply to projects of a type listed in the Physical Activities Regulations (Project List). The Act also authorizes the Minister to designate as subject to the IAA a project that is not of a type or is below the threshold listed on the Project List. Based on experience with the use of the same provision under CEAA 2012 (one designation of a mining project based on the request of the proponent), MAC expected Ministerial designation to be used rarely and only in exceptional circumstances of ...
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Attachment Summit Coal Inc. Response to IAAC Letter re Request for Designation

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Osler
  • Reference number: 16
  • Submitted: 2022-09-09 - 10:03 AM
  • Please see the attached submission.
  • Attachment included
  • LEGAL_CAL:16426727.3 Mine 14 Project Impact Agency of Canada – Designation Request Aseniwuche Winewak Nation of Canada Prepared by: Summit Coal Inc. Prepared for: Impact Assessment Agency of Canada September 2022 September 2022 i TABLE OF CONTENTS Page 1.0 PROJECT INTRODUCTION .................................................................................................... 1 2.0 PERMITS AND APPROVALS .................................................................................................. 2 2.1 Mine Permit and Mine Licence ............................................................................................... 2 2.2 EPEA and the Water Act........................................................................................................... 3 2.3 Public Lands Act ....................................................................................................................... 3 2.4 Financial Security ..................................................................................................................... 4 2.5 Alberta Transportation Roadside Permit .............................................................................. 4 2.6 The Municipal District of Greenview (“MD Greenview”) Development Permit............ 4 2.7 Historical Resources Act Clearance ....................................................................................... 4 2.8 Government of Canada Approvals ........................................................................................ 4 2.9 Department of Fisheries and Oceans (“DFO”) Canada ...................................................... 4 2.10 Status of Permits and ...
  • Attachment included
  • Osler, Hoskin & Harcourt LLP Suite 2700, Brookfield Place 225 – 6th Avenue S.W. Calgary, Alberta, Canada T2P 1N2 403.260.7000 MAIN 403.260.7024 FACSIMILE Calgary Toronto Montréal Ottawa Vancouver New York LEGAL_CAL:16413023.7 September 8, 2022 Martin Ignasiak, QC Our Matter Number: 1221480 SENT BY ELECTRONIC MAIL: Mine14@iaac-aeic.gc.ca Impact Assessment Agency of Canada Prairie and Northern Region Canada Place Suite 1145, 9700 Jasper Avenue Edmonton, AB T5J 4C3 Attention: Jennifer Dallaire, Project Manager, Prairie and Northern Region Dear Ms. Dallaire: Re: Summit Coal Inc. (“Summit”) Summit Mine 14 Project (the “Project”) Request to Designate and for Information about the Project Summit’s Response to the Request We are counsel to Summit in connection with this matter. Mr. McNamara of Summit has provided us with your letter dated August 18, 2022 regarding a request received by the Minister of Environment and Climate Change (the “Minister”) on August 15, 2022 to designate the proposed Project under subsection 9(1) of Canada’s Impact Assessment Act (“IAA”). This letter and its attachment constitute Summit’s response to the Impact Assessment Agency of Canada’s (the “Agency”) information requests (“IRs”) in your letter, including Summit’s views that the Project should not be designated under the IAA. We note that other parties have been given until September 8, 2022 to provide their views on whether the Project should be designated under the IAA – the same date that was given to Summit. Accordingly, Summit has not had an opportunity to review the comments provided by other parties. Summit reserves the right to provide further comments once it ...
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Attachment LSAMCA Comments re Summit 14 Mine Designation Request

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Lac Ste Anne Métis Community Association
  • Reference number: 26
  • Submitted: 2022-09-08 - 8:44 PM
  • Please see the attached submission. 
  • Attachment included
  • 1 September 8, 2022 VIA EMAIL: Jennifer.Dallaire@iaac-aeic.gc.ca Impact Assessment Agency of Canada Suite 210A - 757 W Hastings St. Vancouver, BC V6W 3M2 Dear Jennifer Dallaire: Re: Lac Ste. Anne Métis Community Association - Designation Request for the Proposed Summit Mine 14 Project under the Impact Assessment Act Lac Ste Anne Métis Community Association (LSAMCA) writes to support the designation of the Summit Mine 14 to undergo an impact assessment pursuant to the Impact Assessment Act. LSAMCA is a corporate entity which was designed and incorporated by the contemporary Lac Ste Anne Métis community to represent the Métis Aboriginal rights and interests of the historic and contemporary Lac Ste. Anne Métis ("LSAM") community. LSAMCA is the representative organization that represents the contemporary Lac Ste. Anne Métis community which is a rights-bearing (Powley) Métis community which has section 35 Constitution Act, 1982 Métis Aboriginal rights. The Lac Ste. Anne Métis Community LSAMCA members are the contemporary descendants of the historic Lac Ste. Anne Métis community. All our members have historical and genealogical linkages to the historic Métis people of Lac Ste. Anne. The historic Lac Ste. Anne Métis community emerged in west-central/northwest Alberta by the early 19 century in the context of the fur trade. Access to fresh water and abundant and diverse wildlife in a geography webbed with interconnecting waterways that are easily adapted for travel and transport was critical to the community’s sustenance and well-being, including development of a commercial mixed-use economy of fishing, hunting/trapping, farming, and ...
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Attachment Federal Authority Advice Record - Health Canada

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Health Canada
  • Reference number: 14
  • Submitted: 2022-09-08 - 5:59 PM
  • Please see the attached submission. 
  • Attachment included
  • ATTACHMENT August 18, 2022 Federal Authority Advice Record: Designation Request under IAA Response due by September 8, 2022 Summit Mine 14 Project Department/Agency Health Canada Lead Contact Brenda Woo Full Address 9700 Jasper Ave, 9th Floor Edmonton, Alberta, T5J 4G3 Email ia-ea@hc-sc.gc.ca Telephone 780-288-3541 Alternate Departmental Contact Graham Irvine (graham.irvine@hc-sc.gc.ca) 1. Has your department or agency considered whether it has an interest in the Project; exercised a power or performed a duty or function under any Act of Parliament in relation to the Project; or taken any course of action (including provision of financial assistance) that would allow the Project t o proceed in whole or in part? No Specify as appropriate. 2. Is it probable that your department or agency may be required to exercise a power or perform a duty or function related to the Project to enable it to proceed? No If yes, specify that power, duty or function and its legislative source. 3. If your department or agency will exercise a power or perform a duty or function under any Act of Parliament in relation to the Project, will it involve public and Indigenous consultation? Not applicable Specify as appropriate. 4. Is your department or agency in possession of specialist or expert information or knowledge that may be relevant to any potential adverse effects within federal jurisdiction caused by the Project or adverse direct or incidental effects stemming from the Project? Yes Specify as appropriate. As a federal authority, Health Canada will provide specialist or expert information and knowledge in the Department’s possession ...
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Attachment RE: IAAC Request for Input, Designation Request of the Summit Mine 14 Project - Due September 8, 2022

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Alberta Energy Regulator
  • Reference number: 17
  • Submitted: 2022-09-08 - 3:03 PM
  • Please see the attached submission. 
  • Attachment included
  • September 07, 2022 By email only Jennifer Dallaire, Project Manager Impact Assessment Agency of Canada Suite 1145, 9700 Jasper Avenue NW Edmonton, AB T5J 4C3 Email: Jennifer.Dallaire@iaac-aeic.gc.ca Re: Summit Coal Inc. No. 14 Mine Project Dear Ms. Dallaire: Further to your letter of August 18, 2022, please be advised it is not within the Alberta Energy Regulator (AER)’s jurisdiction to provide input to the Impact Assessment Agency of Canada on the designation of the Summit Coal Inc. (Summit Coal) No. 14 Mine project. On December 15, 2006, Summit Coal was advised by Alberta Environment and Parks that, pursuant to section 44 of the Environmental Protection and Enhancement Act (EPEA), this activity is not a mandatory activity for the purposes of environmental assessment. Therefore, a screening report will not be prepared and an environmental impact assessment report is not required. Summit Coal is required to obtain all of the necessary approvals under the Coal Conservation Act, EPEA, Water Act and Public Lands Act to construct, operate and reclaim the project. If you have any questions or need further information about the environmental assessment process, please email AEREnvironmental.Assessment@aer.ca. Sincerely, Rushang Joshi Manager, Coal Mining Regulatory Applications <Original signed by> 2 RJ/ca cc: Doug Koroluk, Alberta Energy Regulator Corey MacGarva, Alberta Energy Regulator Ken Bullis, Alberta Energy Regulator Jennifer Filax, Alberta Energy Regulator

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Attachment Federal Authority Advice Record - Transport Canada

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Transport Canada
  • Reference number: 4
  • Submitted: 2022-09-08 - 1:05 PM
  • Updated: 2022-11-30 - 9:23 AM
  • Rationale: Comment updated for administrative purposes
  • Please see the attached submission. 
  • Attachment included
  • ATTACHMENT August 18, 2022 Federal Authority Advice Record: Designation Request under IAA Response due by September 8, 2022 Summit Mine 14 Project Department/Agency Transport Canada Lead Contact Holly Poklitar Full Address 344 Edmonton St Winnipeg MB R3B 2L4 Email holly.poklitar@tc.gc.ca Telephone (204) 688-3872 Alternate Departmental Contact Adam Downing - adam.downing@tc.gc.ca Team inbox - 1. Has your department or agency considered whether it has an interest in the Project; exercised a power or performed a duty or function under any Act of Parliament in relation to the Project; or taken any course of action (including provision of financial assistance) that would allow the Project to proceed in whole or in part? Specify as appropriate. Transport Canada has not previously considered whether it has an interest in the Project; exercised a power or performed a duty or function under any Act of Parliament in relation to the Project; or taken any course of action (including provision of financial assistance) that would allow the Projec t to proceed in whole or in part. 2. Is it probable that your department or agency may be required to exercise a power or perform a duty or function related to the Project to enable it to proceed? If yes, specify that power, duty or function and its legislative source. Transport Canada (TC) may be required to exercise a power or perform a duty or function based on the initial Project description provided, as follows:  Approval may be required under the Canadian Navigable Waters Act (CNWA), should any infrastructure impact the navigability of waterways including dewatering and depositing of materials (e.g., mine ...
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Attachment Westshore Letter of Support

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Westshore Terminals Limited Partnership
  • Reference number: 8
  • Submitted: 2022-09-08 - 11:48 AM
  • Please see the attached submission. 
  • Attachment included
  • Westshore Terminals Limited Partnership 1 Roberts Bank Delta, British Columbia Canada V4M 4G5 Telephone: (604) 946-4491 September 8, 2022 Jennifer Dallaire Project Manager, Prairie and Northern Region Impact Assessment Agency of Canada Suite 1145, 9700 Jasper Avenue Edmonton, Alberta T5J 4C3 Dear Ms. Dallaire: RE: Summit Coal Inc. Mine 14 Project – Request to Designate Project (Section 9(1) Impact Assessment Act) Westshore Terminals Ltd. (Westshore) is currently engaged with Summit Coal Inc. (Summit) in advance of receiving the final provincial operating approvals for the Mine 14 Project, to secure available port space required to transport the steel making coal to seaborne markets. Summit has received key approvals from the Alberta Energy Regulator (AER) for the Mine Permit and for the Mine Licence but is seeking approvals for the Environmental Protection and Enhancement Act (EPEA) Operating Approval, Water Act Approval and Water Act Licence which have been under review for some time. Westshore is excited to handle coal from the Mine 14 Project in the near future, once the final provincial approvals have been issued. The Alberta regulatory system provides a robust review process involving subject matter experts and experienced professionals that are focused on providing, “the efficient, safe, orderly and environmentally responsible development of energy resources in Alberta” (AER, 2022). The Alberta regulatory process is designed to regulate all industrial developments, including a small underground mine project, therefore Westshore does not support the federal designation request. We support keeping the Mine 14 Project confined to the provincial ...
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Attachment Federal Authority Advice Record - Natural Resources Canada

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Natural Resources Canada
  • Reference number: 6
  • Submitted: 2022-09-08 - 11:25 AM
  • Updated: 2022-12-07 - 8:57 AM
  • Rationale: Comment updated for administrative purposes
  • Hi again,   Just wanted to add some info, which might be useful for later discussions, regarding Selenium. I believe in our last meeting IAAC wanted to check regarding selenium impacts, open pit mining vs underground mining. Please see the below response:   “ Regarding the statement that underground mining has lower impacts associated with selenium exposures than open pit mining. NRCan acknowledges that open pit mining produces higher volume of waste rock than underground mining and hence, the potential sources of selenium from waste rock piles could be lower for underground mining compared to open pit mining. However, this statement is too broad of a generalisation. Selenium impacts to the aquatic environment depends on the following reasons: Size/volume/dimensions of waste rock storage areas Grain size of rock which depends on the lithology of the mined area Relative distribution of selenium containing minerals which can be site specific Reactivity of rock surface areas to generate selenium containing leachate, which can also be site specific Water availability at the site and associated dilution potential in mine site water quality Presence of sulfate in mining effluent that reduce selenium bioaccumulation in the receiving environment Assimilative capacity of the receiving environment, which differs from one mining site to the other. Indeed, some mining operations may discharge in large rivers, small creek or lakes, discharge in similar water bodies than other operations (i.e. cumulative ...
  • Attachment included
  • September 8, 2022 Jennifer Dallaire Project Manager, Prairie and Northern Region Impact Assessment Agency of Canada Jennifer.Dallaire@iaac-aeic.gc.ca c/o Mine14@iaac-aeic.gc.ca Subject: Natural Resources Canada’s Submission in Response to the Designation Request for the Summit Mine 14 Project On August 18th, the Impact Assessment Agency of Canada (the Agency) requested that Natural Resources Canada (NRCan) provide information in response to the Designation Request for the Summit Mine 14 Project (the Project) located approximately four kilometres northeast of Grande Cache, Alberta. NRCan is responding to this Designation Request pursuant to subsection 13(1) of the Impact Assessment Act. Details of NRCan’s response can be found in the attached FAAR form. If you have any questions, please contact me via e-mail at Rajpreet.Bhatti@nrcan-rncan.gc.ca or by phone at 343-292-6139. Thank you, Rajpreet Bhatti Senior Environmental Assessment Officer Office of the Chief Scientist Attachment: Federal Authority Advice Record: Designation Request under IAA mailto:Jennifer.Dallaire@iaac-aeic.gc.ca mailto:Mine14@iaac-aeic.gc.ca mailto:Rajpreet.Bhatti@nrcan-rncan.gc.ca ATTACHMENT August 18, 2022 Federal Authority Advice Record: Designation Request under IAA Response due by September 8, 2022 Summit Mine 14 Project Department/Agency Natural Resources Canada Lead Contact Rajpreet Bhatti Full Address 588 Booth Street, Ottawa, ON, K1A 0E4 Email Rajpreet.Bhatti@nrcan-rncan.gc.ca Telephone 343-292-6139 Alternate Departmental Contact peter.unger@nrcan-rncan.gc.ca 1. Has your department or agency ...
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Attachment Federal Authority Advice Record - Indigenous Services Canada

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Indigenous Services Canada
  • Reference number: 5
  • Submitted: 2022-09-08 - 11:11 AM
  • Please see the attached submission. 
  • Attachment included
  • ATTACHMENT August 18, 2022 Federal Authority Advice Record: Designation Request under IAA Response due by September 8, 2022 Summit Mine 14 Project Department/Agency Indigenous Services Canada Lead Contact Theresa Marion, A/Regional Program Development Advisor Consultation and Addition to Reserve Lands and Economic Development Full Address 10 Wellington, Gatineau, QC Email Theresa.Marion@sac-isc.gc.ca Telephone 604-506-3890 Alternate Departmental Contact Jan Triska, Environmental Management Officer Tel: 819-743-4795 1. Has your department or agency considered whether it has an interest in the Project; exercised a power or performed a duty or function under any Act of Parliament in relation to the Project; or taken any course of action (including provision of financial assistance) that would allow the Project to proceed in whole or in part? No 2. Is it probable that your department or agency may be required to exercise a power or perform a duty or function related to the Project to enable it to proceed? No 3. If your department or agency will exercise a power or perform a duty or function under any Act of Parliament in relation to the Project, will it involve public and Indigenous consultation? No 4. Is your department or agency in possession of specialist or expert information or knowledge that may be relevant to any potential adverse effects within federal jurisdiction caused by the Project or adverse direct or incidental effects stemming from the Project? Indigenous Service Canada (ISC) holds some general information on First Nations communities that is accessible to general public and could potentially inform the ...
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Attachment FW: Nation - IAAC Request for Input, Designation Request of the Summit Mine 14 Project - Due September 8, 2022

  • Summit Mine 14 Project
  • Author: Administrator on behalf of Louis Bull Tribe
  • Reference number: 15
  • Submitted: 2022-09-08 - 11:02 AM
  • Please see the attached submission.
  • Attachment included
  • Page 1 of 2 Enclosure 1: Guiding Questions for Designation Requests Please respond by September 8, 2022 Designation Request for the Proposed Summit Mine 14 Project the Impact Assessment Act Potential Effects and Impacts 1. Please describe whether and how the potential adverse effects of the Project could result in changes to your community’s: (a) physical and cultural heritage (e.g. ceremonial sites, burial sites, cultural landscapes) The cultural landscape within Treaty 6 is currently developed to a state that First Nations can no longer freely practice Section 35, Treaty and inherent rights on the land. Louis Bull Tribe (LBT) has assessed the uptake of land from 1850 to today utilizing mapping software designed by ALCES. This work has identified that approximately 5% of the lands remain intact, much of what remains is difficult to access such as cliff faces and wetland complexes. This loss has resulted in LBT citizens practicing rights further and further away from their Reserve lands as the resources required are more and more difficult to locate. (b) current use of lands and resources for traditional purposes (e.g. hunting, fishing, trapping) The project area falls within LBTs traditional use territory. The eco-system and habitat in the area supports Indigenous use and practice of rights, it is very likely that our citizens use this area however we have not had the capacity and opportunity to collect the data in this area specifically (c) structures, sites or things of historical, archaeological, paleontological or architectural significance (e.g. artifacts, important historic buildings or symbols) We have no current records of sites of this nature in the project ...
  • Attachment included
  • Consultation & Land Jennifer Dallaire September 6, 2022 Impact Assessment Agency of Canada Government of Canada RE: Summit Mine 14 Project. Summit Coal Inc. (the proponent) is proposing to develop the Mine 14 Project. The Mine 14 is approximately 500km northwest of the Louis Bull Tribe (LBT) reserve, approximately 5 hours away, but well within the traditional territory and current land use area of LBT. In light of this, the Impact Assessment Agency of Canada has contacted LBT to identify and address potential concerns and impacts to rights. LBT is a signatory of Treaty 6 and is one of the four First Nations with reserve lands in Maskwacis (the other three being: Ermineskin Cree Nation, Samson Cree Nation and Montana Cree Nation). LBT is a Cree community consisting of 1,500 on-reserve residents and 1,800 residents living off-reserve, including the Edmonton and Hinton area including the Smallboy Camp (approximately 50km south of Hinton). LBT members have familial ties to other First Nation communities and currently practice traditional land uses as far as central and northeast British Columbia, western Saskatchewan, Montana, and northern Alberta. The Tribe's reserve lands are located within Alberta's central parkland natural subregion (Natural Regions Committee 2006), approximately 500km Northeast of the proposed project. Pursuant to Treaty 6, Louis Bull has constitutionally protected Treaty and Aboriginal rights adjacent to the Project area, as it lies within the traditional territory. Louis Bull's rights under Treaty 6, as expanded by the Natural Resource Transfer Agreement, 1930, include, but are not limited to: • The right to hunt, fish, trap and gather ...
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