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Conditional Filing Orders are not currently prescribed as an instrument under the Environmental Bill of Rights, 1993.
Détails
Grace Gold Limited (the “Proponent”) has submitted a request for a conditional filing order to the Ministry under Part VII of the Mining Act (the “Act”). A conditional filing order allows a proponent to submit a closure plan (CP) or closure plan amendment (CPA) that does not meet all statutory requirements at the time of submission.
The Minister may issue a conditional filing order for a CP or CPA if, before the proponent submits the CP or CPA, the proponent submits a request for the order in the prescribed form and manner, and the Minister determines that the order would be consistent with the purposes of the Act.
All conditional filing orders must include terms and conditions, including the mandatory condition that the proponent meet the outstanding requirements within a specified time and manner, and any other terms or conditions the Minister considers appropriate.
The Proponent has applied for a conditional filing order that would allow it to omit the following required items from its closure plan amendment submission: Provide a brief description of each requirement being deferred in the request.
The closure plan amendment submission does not include sufficient geochemical characterization and assessment information to demonstrate that the proposed closure measures satisfy the requirements of Part 7 of the Mine
Rehabilitation Code of Ontario respecting the prediction, assessment, and management of metal leaching and acid rock drainage Metal Leaching / Acid Rock Drainage (ML/ARD) potential associated with mine materials.
The existing hydrogeological characterization is not fully consistent with Part 6, Section 39(1) of the Mine Rehabilitation Code, as the current groundwater monitoring network and dataset are insufficient to adequately characterize site-specific hydrogeological conditions for closure planning purposes.
Part 3, Section 30(1) — requirement for a geotechnical study certified by a Qualified Professional Engineer to support the selection and justification of rehabilitation measures for crown pillars remaining at closure. The existing crown pillar stability assessment completed by Golder Associates Ltd. in December 2011 was reviewed by a Qualified Professional for conformance with the requirements of Part 3 of the Mine Rehabilitation Code. The review concluded that the assessment generally addresses the requirements of the Code and supports the preliminary conclusion that the crown pillars are expected to remain stable under closure conditions. However, due to limitations in the available subsurface information, the age of the assessment, and the potential influence of future mining activities on crown pillar stability, additional data collection and an updated stability assessment are required to fully confirm compliance with Part 3 of the Mine Rehabilitation Code.
The delayed submission of the requirement(s) will not impair the proponent’s ability to determine adequate rehabilitation measures for all mine hazards associated with the project for the following reasons: Provide a brief description of why this will not impact the proponent’s closure plan adequacy.
The absence of the outstanding Metal Leaching / Acid Rock Drainage (ML/ARD) characterization and assessment information at the time of submission will not impair the proponent's ability to determine and implement adequate rehabilitation measures for mine hazards associated with the project because conservative closure measures and management practices have already been incorporated into the closure strategy based on the existing geochemical understanding of site materials and anticipated closure conditions. The additional characterization, monitoring, and assessment work is intended to confirm and refine the current understanding of material behaviour and to validate or optimize the proposed mitigation measures, rather than to establish the need for rehabilitation measures that have not already been identified.
The absence of the additional groundwater monitoring wells and associated hydrogeological characterization data will not impair the proponent's ability to determine adequate rehabilitation measures for mine hazards associated with the project. Existing hydrogeological information is sufficient to identify potential groundwater-related closure risks and support the development of appropriate rehabilitation measures. The additional monitoring wells are intended to refine the understanding of site hydrogeological conditions and support the development of groundwater monitoring requirements within the Closure Monitoring Plan. As such, the additional information is not required to identify rehabilitation measures, but rather to confirm post-closure performance and support long-term monitoring.
The absence of the final crown pillar stability assessment will not impair the proponent's ability to determine adequate rehabilitation measures because an existing crown pillar assessment has already been completed and reviewed for conformance with Part 3 of the Mine Rehabilitation Code. The existing assessment concluded that the identified crown pillars were expected to remain stable under long-term closure conditions and provides an adequate basis for identification of crown pillar hazards and determination of appropriate rehabilitation measures. The additional investigations and updated assessment proposed under the Conditional Filing Order are intended to confirm and refine the existing assessment using information that can only be obtained during underground operations. These activities are not expected to materially alter the identification of closure hazards associated with the project but may refine final rehabilitation measures, monitoring requirements, or access restrictions.
This notice is provided to receive comments that can be considered in the decision-making process.
If issued, the conditional filing order does not relieve the proponent from compliance with any other requirements that are set out under the Mining Act, its regulations, or any other Act.
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5520 Highway 101 E Highway
PO Box 3060
South Porcupine Ontario,
ON
P0N 1H0
Canada
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Curtis Patterson
5520 Highway 101 E Highway
PO Box 3060
South Porcupine Ontario,
ON
P0N 1H0
Canada