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Notice of Application
CCA Applications 1939437, 1939438, and 1939439
EPEA Application 015-00301345
WA Applications 011-00311969 and 007-00311965
Coalspur Mines (Operations) Ltd.
Vista Coal Project

The Alberta Energy Regulator (AER) has received Coal Conservation Act (CCA) applications 1939437, 1939438, 1939439; Environmental Protection and Enhancement Act (EPEA) application 015-0301345; and Water Act (WA) applications 011-00311969 and 007-00311965 from Coalspur Mines (Operations) Ltd. (Coalspur) for its Vista Coal Project. The AER is reviewing these applications together with the supporting documents.

This notice also sets out the deadline for filing statements of concern on these applications. See the section below on how to file a statement of concern for filing dates.

Description of the Applications
Coalspur has applied to amend permit C 2011-5H, pit licence C 2014-5F, and coal processing plant approval C 2011-3I under the CCA, and to amend EPEA approval 00301345-00-00 (as amended), WA Approval 00311969-00-00 (as amended) and WA Licence 00311965-00-00 (as amended) for

  • The construction and operation of the tailings treatment system for fine plant refuse prior to placement in the tailings cells.
  • The construction, operation, maintenance, and reclamation of McPherson Tailings Cells 4 through 9 within mined-out pits for the storage, consolidation, dewatering and reclamation of fine plant refuse.
  • Sterilization of 3.4 million tones of coal resulting from the construction and operation of McPherson Tailings Cells 4 through 9
  • The construction, operation, maintenance and decommissioning of five new dams for regulation under the Alberta Dam and Canal Safety Directive, for the purpose of retaining flowable tailings as defined in the Water (Ministerial) Regulation, Part 6.
  • Changes to the site water balance and surface water management system.
  • The construction, operation and maintenance of pipelines, tanks, and a pumping system to operate the tailings facilities and to reclaim tailings cells' decant water for re-use in the Coal Processing Plant.
  • The alteration of the flow, direction, and level of groundwater due to the operation, closure, and reclamation of the tailings cells.
  • Changes to the configuration within the previously approved disturbance area.
  • Changes to the reclamation plan for the mine, including:
    • A decrease in the rate of progressive reclamation,
    • Capping of the tailings cells,
    • The addition of a large wetland to the reclaimed landscape.

The Vista mine currently consists of two parallel open pits, a coal processing plant, and various mine infrastructure, including McPherson Tailings Cells 1 to 3, located east of the town of Hinton, in Townships 50 and 51, Ranges 22–24, West of the 5th Meridian.

For a copy of the applications, contact

Coalspur Mines (Operations) Ltd.
PO Box 6146
Hinton, AB T7V 1X5
Attention: Amanda Buchanan
Telephone: 780-817-0866
Fax: 780-865-3316
Email: @email

Or you can submit an information request, as outlined at www1.aer.ca/ProductCatalogue/ordering.html, to

AER Information Distribution Services
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Telephone: 1-855-297-8311 (toll free; option 0)
Email: @email

Refer to this notice when requesting information for a faster response.

Requirement to File a Statement of Concern
If you have concerns with these applications, you must file a statement of concern as described below. If you do not file a statement of concern, the AER may approve the applications without further notice.

How to File a Statement of Concern
For your submission to be considered a valid statement of concern, it must be filed before 4:00 p.m. on October 27, 2022. Send one copy of your statement of concern to Coalspur Mines (Operations) Ltd. at the name and address above and one copy to

Regulatory Applications Branch
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Fax: 403-297-7336
Email: @email

Contents of a Statement of Concern
For your submission to be considered a valid statement of concern, it must include

  1. why you believe that you may be directly and adversely affected by a decision of the AER on the applications;
  2. the nature of your objection to the applications;
  3. the outcome of the applications that you advocate;
  4. the location of your land, residence, or activity in relation to the location of the energy resource activity that is the subject of the applications; and
  5. your contact information, including your name, address in Alberta, telephone number, and email address or, if you do not have an email address, your fax number.

The AER also requests that you include the application numbers in your statement of concern.

Confidentiality
Section 49 of the Alberta Energy Regulator Rules of Practice (Rules of Practice) requires that all documents and information filed in a proceeding be placed on the public record. This includes any filed statements of concern. If you file a submission, you must not include any personal information that you do not want to appear on or are not authorized to put on the public record.

Section 49(2) of the Rules of Practice states how to apply to the AER for an order to keep information confidential. The Rules of Practice is available on the AER website at www.aer.ca.

Jurisdiction
Submissions relating exclusively to compensation for land use are not dealt with by the AER and should be referred to the Alberta Surface Rights Board.

Under section 21 of the Responsible Energy Development Act, the AER does not have the jurisdiction to assess the adequacy of Crown consultation associated with the rights of aboriginal peoples as recognized and affirmed under the Constitution Act, 1982.

For information on AER's application review process, contact the regulatory applications specialist, Irene Chia, by phone at 403-297-7202 or by email to @email.

Issued at Calgary, Alberta, on September 27, 2022.
ALBERTA ENERGY REGULATOR
Sean Sexton, General Counsel