The Ministry has received a request for conditional filing. A conditional filing order allows a proponent to submit a closure plan or closure plan amendment that does not meet all statutory requirements at the time of submission.

Evolution Mining Gold Operations Ltd. (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.

1. Report for Rehabilitation Measures for all Mine Openings
2. Updated Certified Crown Pillar Long-Term Stability Geotechnical Report
3. Site-Wide Ground Water Characterization Report
4. ARD/ML Management Plan and certified geochemical characterization study of the ore, concentrate, and overburden.

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.

1. The deficiencies related to the closure of mine openings to surface seeking deferral are not expected to have a material impact on determining adequate rehabilitation measures. The locations of the mine openings are known and fixed in place. The proponent intends to adequately rehabilitate all mine openings prior to closure. If future work identifies additional rehabilitation needs beyond the current closure cost estimate, the proponent commits to assessing and providing the necessary financial assurance.
2. The lack of detailed geotechnical information has limited the proponent’s ability to determine adequate rehabilitation measures for the crown pillars. To address this uncertainty, the estimated cost of closure calculated in the CPA includes specific line items for known activities, and lump sum contingencies for activities that have not yet been defined. As data gaps are addressed and adequate rehabilitation measures are selected, the proponent will review the estimated cost of closure. Should additional financial assurance be required, the proponent is committed to determining the necessary amount and providing these funds.
3. The tailings management areas and historical tailings deposits are understood to be the primary sources of groundwater contamination at the site. The absence of a site groundwater characterization study that meets the specific requirements outlined in Part 6 of the Code will not impair the proponent’s ability to determine adequate rehabilitation measures for these areas given that groundwater conditions are well characterized, are the focus of routine monitoring programs in support of regulatory compliance, and, in the case of the Campbell West Dam Seepage Pump-Back System, have seen implementation of groundwater remediation measures.
4. The absence of a formal ML/ARD Management Plan appended to the CPA will not impair the proponent’s ability to determine adequate rehabilitation measures for waste rock, tailings, and water treatment sludge because:
   • the ML/ARD potential of these materials has been thoroughly studied by qualified professionals, academics, university students, and mine staff
   • operational monitoring of these materials has been completed since 2007
   • the absence of geochemical characterization for the ore, concentrate, and overburden is not expected to impair the proponent’s ability to determine adequate rehabilitation measures for these materials because:
   • minimal to no ore and concentrate are stored at ground surface or in the underground
   • any overburden left on site will be used as closure cover material

The CPA specifies that any ore or concentrate left on ground surface will be processed or shipped off site as the mine transitions to closure. 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.