Certificate Amendment Order - Conuma

ENVIRONMENTAL ASSESSMENT ACT, S.B.C. 2002, c. 43 [the Act (2002)]

AND

IN THE MATTER OF ENVIRONMENTAL ASSESSMENT CERTIFICATE #M04-01

HELD BY CONUMA COAL RESOURCES LIMITED

FOR THE WOLVERINE COAL PROJECT

(PROJECT)

AMENDMENT #7 (AMENDMENT) TO CERTIFICATE #M04-01

WHEREAS:

A. On January 13, 2005, the Minister of Sustainable Resource Management, and theMinister of Energy and Mines issued Environmental Assessment Certificate #M04-01(Certificate) to for the Wolverine Coal Project to Western Canadian Coal Corp.

B. The Certificate authorized Western Canadian Coal Corp to construct and operate theWolverine Coal Project, located approximately 25 kilometres west of Tumbler Ridge,British Columbia.

C. On April 4, 2006, the Executive Director issued Amendment #1 to the Certificate toallow the coal processing capacity of the Project to increase to 2.4 million tonnes perannum subject to additional conditions, under Section 19(1) of the Act (2002).

D. On May 30, 2007, the Executive Director issued Amendment #2 to the Certificate toreflect a corporate name change from Western Canadian Coal Corp to WolverineCoal Ltd, a wholly-owned subsidiary of Western Canadian Coal Corp, under Section19(1) of the Act (2002).

E. On February 1, 2010, the Executive Director issued Amendment #3 to the Certificateto reflect a corporate name change from Wolverine Coal Ltd to Western Coal Corp,parent company of Wolverine Coal Ltd, and to amend condition 1 regarding Projectmodification, under Section 19(1) of the Act (2002).

F. On November 9, 2012, the Executive Director issued Amendment #4 to the Certificateto update language regarding consent for transfer of the Certificate, to add ‘CertificateHolder’ as a defined term, and to identify the Proponent as the Certificate Holder,under Section 19(1) of the Act (2002).

G. On December 13, 2016, the Executive Director issued Amendment #5 to theCertificate to reflect the change of the Holder to Conuma Coal Resources Limited(Conuma), under Section 19(1) of the Act (2002).

H. On October 29, 2018, Conuma requested to amend the Certificate to increaseproduction capacity, add an additional open pit (the Hermann pit) and ancilliaryinfrastructure, and transport Hermann coal to the Wolverine Mine site for processing,under Section 19(1) of the Act (2002).

I. On December 16, 2019, the Environmental Assessment Act S.B.C. 2018, c. 51 [theAct (2018)] was brought into force.

J. The amendment application was made prior to the Act (2018) being brought intoforce; therefore, so pursuant to Section 78(9) of the Act (2018), the Act (2002) appliesto this application.

K. On May 6, 2020, the Acting Chief Executive Assessment Officer issued Amendment#6 to the Certificate to allow for early work site preparation activities at theundeveloped Hermann mine site, under Section 32(1) of the Act (2018).

NOW THEREFORE,

I amend the Certificate as follows:

1. The Certificate is amended so as to authorize the changes to the Project as described inthe Certified Project Description for Amendment #7 (Schedule A), subject to theconditions set out in the Table of Conditions for Amendment #7 (Schedule B).

2. Figure 2 in the Certified Project Description in Amendment #6 is replaced by Figure 4(Schedule A).

3. References in the Certificate to ‘Conuma Coal Resources Limited’ are replaced with‘Conuma Resources Ltd.’

4. Conuma Resources Ltd. is the Holder of the Certificate and is responsible for upholdingall Certificate terms, commitments, and conditions.

Elenore Arend Associate Deputy Minister andChief Executive Assessment OfficerEnvironmental Assessment Office

Issued this 12th day of February, 2021

SCHEDULE A

CERTIFIED PROJECT DESCRIPTION FOR AMENDMENT #7

FOR THE

WOLVERINE COAL PROJECT

(PROJECT)

ENVIRONMENTAL ASSESSMENT CERTIFICATE # M04-01

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INTERPRETATION

In this Certified Project Description for Amendment #7, terms that are capitalized but not defined have the same meaning as those terms defined elsewhere in this Amendment, including in the Table of Conditions.

This Certified Project Description for Amendment #7 describes the Project authorized by this Amendment but does not obligate the Holder to construct or operate any aspect of the Project unless otherwise stated.

DEFINITIONS

Holder The person to whom this Certificate has been issued, or, if this Certificate has been transferred in accordance with Section 33 of the Act (2018), the person to whom this Certificate has been transferred.

ACRONYMS

CCR Coarse Coal Rejects Certificate Environmental Assessment Certificate E East ha hectares HDA Hermann Disturbance Area km kilometre Mtpa Million tonnes per annum N North NAD83 North American Datum 1983 ROM Run of Mine UTM Universal Transverse Mercator

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PRJOECT OVERVIEW AND LOCATION

The Wolverine Coal Mine (Project) is located approximately 17 kilometre (km) south west of the Tumbler Ridge town-site (Figure 1). The activities subject to this amendment of Certificate #M04-01 are located at the existing Wolverine Mine (Figure 2) which includes the Perry Creek Pit and Wolverine Mine Coal Processing Plant, the Hermann Disturbance Area (HDA; Figure 3) which is approximately 26 km along the existing Coal Haul Road (Figure 1), and along the Coal Haul Road between the HDA and the Wolverine Mine. The centroid of the HDA is UTM Zone 10N 618058 E, 6097231 N (NAD 83).

This amendment to Certificate #M04-01 authorizes production of up to 9.0 million tonnes of metallurgical coal from the HDA and an increase in production capacity of clean coal at the Wolverine Mine Coal Processing Plant of up to 3.0 million tonnes per annum (Mtpa). The HDA must not exceed 680 hectares (ha).

AMENDMENT ACTIVITIES AND COMPONENTS

Use of existing infrastructure at the Perry Creek Pit/Coal Processing Plant Area (shown on Figure 2)

a) Use of the Wolverine Mine Coal Processing Plant facility and associated auxiliarybuildings to store, handle, and dry coal from the HDA, and produce, store and handleCoarse Coal Rejects (CCR) from the HDA;

b) Storage of tailings from the HDA in the existing Wolverine Tailings Storage Facility; andc) Storage of tailings and CCR from the HDA in the mined-out Perry Creek Pit (In-Pit

Storage Complex).

New Project components and activities

a) Tailings pipelines and associated pumping infrastructure within the Perry Creek Pit /Coal Processing Plant Area (Figure 2);

b) Use and maintenance of the existing 26 km Coal Haul Road to transport Run of Mine(ROM) coal from the HDA to the Perry Creek Pit / Coal Processing Plant Area, and fortransportation of personnel and materials between the HDA and the Perry Creek Pit /Wolverine Coal Processing Plant Area (Figure 1);

c) Mining of rock, including ROM metallurgical coal from the Hermann Pit located within theHDA (Figure 3);

d) Storage of waste rock in dumps within the HDA, either external to the Hermann Pit orwithin the Hermann Pit (Figure 3);

e) Storage of ROM coal in temporary stockpiles within the HDA (Figure 3);f) Use of truck load out within the HDA to transport ROM coal to the Perry Creek Pit / Coal

Processing Plant Area (Figure 3);g) Water management, transport, water treatment and discharge (Figure 3); andh) Additional activities within the HDA (Figure 3):

i. Water supply and sewage treatment and disposal;ii. Vegetation clearing;

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iii. Soil and overburden salvage and storage;iv. Roads, including haul roads and light duty roads;v. Office, dry and shop facilities;vi. Laydown areas;vii. Fuel storage and distribution;viii. Explosives facilities;ix. Power generation and distribution;x. Dust suppression;xi. Warehouses; andxii. Environmental monitoring.

Appendix A – Certified Project Description Maps

Figure No.

Title

Project Location

Client/Project/Report

Nabo

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South Hermann CreekM14 Creek

K5 Cree

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M20 Creek

Canary CreekWolverine Forest Service Road

Coal Haul Road

Murray River

MurrayRiver

Bullmoose Creek

Perry Creek

Flatbed Creek

Wolverine River

Wolverine River

Two Creek

Tentfire Creek

Bullmoos

e Rd

MacKenzieWay

Hwy 29 S

Hwy29

£¤29

Mast Resource Road

Tumbler Ridge

605000

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"City, Town, Village, orDistrict MunicipalityRoadHighwayLocal StreetResource RoadUnclassified RoadRailwayWatercourseWaterbody

Existing Coal Haul Road

Wolverine ForestService RoadMast Resource RoadExisting Perry Creek Pit /Coal Processing PlantAreaHermann DisturbanceArea

1

Project Number 123221151

Conuma Coal Resources LimitedWolverine-Hermann Amendment ProjectAppendix A, Certified Project Description

Near Tumbler Ridge, BCNTS Map: 093I14, 093P03

Prepared by SPARKER on 2020929Discipline Review by JKRAMER on 20200928

Produced By Stantec on 20200928

Location Map

0 1 2 3 4 5km

1:112,000 (at original document size of 11x17)

Notes1. Coordinate System: NAD 1983 UTM Zone 10N2. Data Sources: DataBC, Government of British Columbia;Natural Resources Canada3. Watershed Boundaries: DataBC, Freshwater Atlas4. Hillshade: ESRI World Topo Map

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Location

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Perry Creek

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Railway RoadResource RoadForest Tenure Road Watercourse Waterbody

Existing Coal Haul RoadExisting Perry Creek Pit / Coal Processing Plant Area

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Existing Wolverine Coal MineInfrastructure

0 250 500 750 1,000m


Notes1. Coordinate System: NAD 1983 UTM Zone 10N2. Data Sources: DataBC, Government of British Columbia;Natural Resources Canada3. Base Data: Natural Resources Canada CanVec 1:50,000

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Figure No.

Title

Project Location


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South Hermann Creek

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Mast Resource Road

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Proposed Hermann Disturbance Area andInfrastructure

0 0.25 0.5 0.75km


Notes1. Coordinate System: NAD 1983 UTM Zone 10N2. Data Sources: DataBC, Government of British Columbia;Natural Resources Canada3. Base Data: Natural Resources Canada CanVec 1:50,000

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Existing Coal Haul RoadMast Resource RoadWater TreatmentInfrastructure GeneralLocationEarly Works AmendmentAreaHermann Disturbance Area

Figure No.

Title

Project Location


Figure No.

Title

Project Location


M20 C

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K6 Cr

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Nabo

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M14 Creek

Nabo

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North Topsoil Stockpile

Coal

Haul R

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Mast Resource Road

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Existing RoadResource RoadExisting Main RoadWatercourseDam/ReservoirWaterbodyWetlandWetland - TEM

North Topsoil StockpileEarly Works Maximum DisturbanceBoundaryRiparian Area

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Early Works Maximum Disturbance AreaBoundary

0 200 400 600 800m


Notes1. Coordinate System: NAD 1983 UTM Zone 10N2. Data Sources: DataBC, Government of British Columbia;Natural Resources Canada

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SCHEDULE B

TABLE OF CONDITIONS FOR AMENDMENT #7

FOR THE

WOLVERINE COAL PROJECT

(PROJECT)

ENVIRONMENTAL ASSESSMENT CERTIFICATE #M04-01

TABLE OF CONTENTS

DEFINITIONS ............................................................................................................................................... 9 ACRONYMS ............................................................................................................................................... 10 CONDITIONS .............................................................................................................................................. 11 1. Standard Conditions ............................................................................................................................ 11 2. Compliance Verification and Reporting ............................................................................................... 11 3. Amendment Activities Status Notification ............................................................................................ 11 4. Modification of Document Submission Deadlines ............................................................................... 11 5. Independent Environmental Monitor ................................................................................................... 11 6. Construction Environmental Management Plan .................................................................................. 13 7. Operations Environmental Management Plan .................................................................................... 13 8. Public Information ................................................................................................................................ 14 9. Indigenous-Led Monitoring Program ................................................................................................... 14 10. Air Quality and Emissions Management Plan ..................................................................................... 16 11. Aquatic Resources Monitoring Plan .................................................................................................... 16 12. Water Treatment Technology .............................................................................................................. 17 13. Water Quality Management Plan ........................................................................................................ 18 14. Caribou Mitigation and Monitoring Plan .............................................................................................. 19 15. Country Foods Monitoring Plan ........................................................................................................... 20 16. End Land Use Plan ............................................................................................................................. 21 17. Care and Maintenance Plan ................................................................................................................ 21 18. Rights Impact Assessment .................................................................................................................. 22

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DEFINITIONS

Amendment Amendment #7 to Environmental Assessment Certificate #M04-01

Amendment Activities The activities and components for the Wolverine Coal Project as authorized by this Amendment.

Amendment Application Amendment Application from Conuma Coal Resources Ltd dated October 29, 2018, to the Environmental Assessment Office applying for an Amendment to Environmental Assessment Certificate #M04-01, pursuant to Section 19 of the Environmental Assessment Act (2002) accepted for review on December 20, 2019. The Amendment Application includes any supplementary information filed by the Holder for the purposes of completing the assessment.

Care and Maintenance A period when Construction or Operations cease for more than 90 days continuously or upon receipt of notification from the Holder under condition 17.2. For the purposes of this Amendment, the duration of any Care and Maintenance period does not contribute to the duration of the Operations phase.

Closure The phase of the Amendment Activities when all development and production ceases. Mining facilities and infrastructure, with the exception of the the Coal Haul Road, water treatment facilities and related infrastructure required for ongoing monitoring and maintenance, are decommissioned and/or removed. Reclamation activities continue to be conducted and completed.

Construction The phase of the Amendment Activities during which physical alteration of land, vegetation or any other aspect of the natural environment occurs, including upgrading, repairing, replacing, or removing, any existing work or infrastructure. Construction does not include any activities conducted solely for investigative purposes under a valid permit or authorization.

Holder The person to who this Certificate has been issued, or, if this Certificate has been transferred in accordance with Section 33 of the Act (2018), the person to whom this Certificate has been transferred.

Operations The phase of the Amendment Activities beginning with the commercial operation date of the Hermann pit, which is the date on which commercial mill production of coal from the Hermann pit was achieved and ending when commercial mill production of coal from the Hermann pit permanently ceases and decommissioning begins.

Indigenous Nations Halfway River First Nation, McLeod Lake Indian Band, Saulteau First Nations, and West Moberly First Nations.

Project The Wolverine Coal Project, as authorized by this Amendment to include the Hermann Pit.

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Qualified Professional A person who has training, experience and expertise in a discipline relevant to the field of practice set out in the condition, and who is registered with the appropriate professional organization in British Columbia, is acting under that organization's code of ethics and is subject to disciplinary action by that organization.

Post-Closure The phase of the Amendment Activities which begins after Closure, when mine contact water is discharged to the environment and during which water treatment, maintenance and monitoring of the remaining Amendment Activities occur. The phase ends when water treatment is no longer needed to meet water quality requirements in Condition 12 (Water Treatment Technology), remaining Amendment Activities facilities and infrastructure are decommissioned and/or removed, final reclamation activities are complete, and ongoing monitoring is no longer required for reclamation measures.

SeHAWK Patented SeHAWK® water treatment process.

ACRONYMS

Certificate Environmental Assessment Certificate #M04-01 COPC Chemical of potential concern EAO Environmental Assessment Office ENV Ministry of Environment and Climate Change Strategy EMLI Ministry of Energy, Mines and Low Carbon Innovation FLNRORD Ministry of Forests, Lands, Natural Resource Operations

and Rural Development IEM Independent Environmental Monitor NHA Northern Health Authority PM Particulate matter

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CONDITIONS

1. Standard Conditions

1.1 Conditions 3, 5, 6, and 7 in Amendment 6 to the Certificate apply to this Amendment.

2. Compliance Verification and Reporting

2.1 The Holder must provide to the EAO and the Indigenous Nations any document, data or information requested by the EAO for the purposes of compliance inspection and verification. The Holder must provide any document, data or information requested within the timeframe and in the manner specified by the EAO.

2.2 The Holder must submit a report to the attention of the EAO and the Indigenous Nations on the status of compliance with this Amendment at the following times:

a) At least 15 days prior to the start of Construction;b) On or before March 31 in each year after the start of Construction until the end of

Closure; andc) At least 30 days prior to the start of each of Operations, Closure, and Post-Closure.

2.3 The reports in subsection 2.2 must be in a form satisfactory to the EAO. The EAO may adjust or extend this reporting requirement by providing written notice to the Holder.

3. Amendment Activities Status Notification

3.1 The Holder must notify the EAO and the Indigenous Nations in writing that the Amendment Activities are in Construction, Operations, Closure, and Post-Closure. The notification must be received by the EAO and the Indigenous Nations within 30 days of the commencement of Construction, Operations, Closure, and Post-Closure.

3.2 Should the primary contact for the Amendment Activities change, the Holder must notify the EAO, in writing, within 30 days of such change and provide the physical address, e-mail address and phone number(s) of the new primary contact.

4. Modification of Document Submission Deadlines

4.1 The requirements within this condition apply to all plans, programs, or other documents required under this Amendment.

4.2 The Holder may submit to the EAO a proposal (Proposal) to modify the deadline for submission of some or all plans, programs, or other documents required by this Amendment. The Proposal must be provided to the EAO no less than 30 days prior to the earliest submission deadline required by the Amendment conditions of the plans, programs, or other documents included in the Proposal. The Proposal must include a rationale for the requested modification.

4.3 Prior to submitting the Proposal, the Holder must consult with the parties identified in each relevant condition about the proposed deadline modifications. The deadlines in the conditions of this Amendment remain in effect unless the EAO approves the Proposal(s).

5. Independent Environmental Monitor

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5.1 The Holder must retain an Independent Environmental Monitor (IEM). The IEM must be a Qualified Professional with a minimum of five years’ experience in monitoring construction, unless otherwise approved by the EAO.

5.2 Subject to any exceptions set out in the terms of engagement for the IEM, when providing information or reports to the EAO, the IEM must not provide such information or reports to the Holder in advance of providing such information or reports to the EAO.

5.3 The Holder must retain the IEM throughout Construction and Operations.

5.4 The Holder must develop the terms of engagement for the IEM in consultation with the Indigenous Nations.

5.5 No later than 10 days prior to the planned commencement of Construction, the Holder must:

a) provide to the EAO, for approval, the name, organization and qualifications of theproposed IEM and the IEM terms of engagement; and

b) provide notice to the Indigenous Nations of the name, organization and qualificationsof the proposed IEM.

5.6 The Holder must not start Construction until the selection of the IEM and the terms of engagement have been approved by the EAO.

5.7 The terms of engagement must include, at a minimum, the following:

a) a requirement for the IEM to undertake the following actions as directed by the EAO:i. observe, record for, and report to the EAO with respect to the Holder’s

compliance with this Certificate; andii. provide information on compliance to the EAO and the Indigenous Nations;

b) the role, responsibilities and qualifications of the IEM;c) the roles, responsibilities and qualifications of any staff or other persons that will

assist the IEM with performing the IEM’s roles and responsibilities (each an “IEMSupport”);

d) the nature and frequency of monitoring;e) the process whereby the IEM or an IEM Support will make recommendations to the

Holder to take mitigative or corrective actions to address any non-compliance orpotential non-compliance with this Amendment and how the recommendations will becommunicated to the EAO;

f) the situations in which the IEM has authority from the Holder or under other provincialor federal authorizations to stop work on part or all of the Project if the IEMdetermines that:

i. the Holder has not, or may have not, complied fully with the requirements ofthis Amendment; and

ii. stopping work is necessary to prevent or reduce Amendment Activities-relatedadverse effects as determined by the IEM or any IEM support.

5.8 On completion of Construction and Operations, the IEM must submit a Amendment Activities phase completion report to the EAO. The report(s) must be written by the IEM and must include:

a) a record of all non-compliances with this Amendment;b) a record of the recommendations made by the IEM to the Holder to prevent or

address any non-compliance with this Amendment;

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c) a record of whether any recommendations from the IEM were implemented and the corresponding outcome of implementation;

d) a record of all instances where the IEM required work be stopped for the reasons referred to in paragraph 5.7f),

e) assessment of the effectiveness of the mitigation measures required by the conditions of this Amendment for Construction and Operations; and

f) (if applicable) recommendations on how to achieve and maintain compliance with the conditions of this Amendment for the next Amendment Activities phase.

6. Construction Environmental Management Plan

6.1 The Holder must retain one or more Qualified Professionals to develop a Construction Environmental Management Plan. The plan must be developed in consultation with EMLI, ENV, FLNRORD, and the Indigenous Nations. Following development, the Holder must provide the Construction Environmental Management Plan to the EAO for review a minimum of 45 days prior to the planned commencement of Construction.

6.2 The Construction Environmental Management Plan must include, at a minimum, how the following will be addressed:

a) access management; b) emergency response; c) erosion and sediment control; d) geological and terrain hazards; e) human-wildlife conflict; f) invasive plants management; g) noise management; h) site restoration; i) a chance find protocol for protection of archaeological and heritage sites; j) spill prevention and response for hydrocarbon storage and leaks or other accidental

emissions from machinery or equipment; k) wildlife management, including a protocol for initial site assessment for wildlife and

sensitive wildlife habitat; l) traffic management; and m) waste management.

6.3 The plan, and any updates thereto, must be implemented throughout Construction under the direction of a Qualified Professional retained by the Holder and to the satisfaction of the EAO.

7. Operations Environmental Management Plan

7.1 The Holder must retain one or more Qualified Professionals to develop an Operations Environmental Management Plan. The plan must be developed in consultation with EMLI, ENV, FLNRORD, and the Indigenous Nations. Following development, the Holder must provide the Operations Environmental Management Plan to the EAO for review a minimum of 45 days prior to the planned commencement of Operations.

7.2 The Operations Environmental Management Plan must include, at a minimum, how the following will be addressed:

a) access management;

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b) emergency response;c) erosion and sediment control;d) geological and terrain hazards;e) human-wildlife conflict;f) invasive plants management;g) noise management;h) site restoration;i) a chance find protocol for protection of archaeological and heritage sites;j) spill prevention and response for hydrocarbon storage and leaks or other accidental

emissions from machinery or equipment;k) wildlife management, including a protocol for initial site assessment for wildlife and

sensitive wildlife habitat;l) traffic management; andm) waste management.

7.3 The plan, and any updates thereto, must be implemented throughout Operations under the direction of a Qualified Professional retained by the Holder and to the satisfaction of the EAO.

8. Public Information

8.1 The Holder must establish a dedicated Project website or an alternative online medium that provides the same or better access to the Project information as a traditional website. The Holder must make the information required in subsection 8.2 available to the public without online tracking, or the need for registration, credentials or payment.

8.2 The Holder must include the following information on the website or alternative online medium:

a) Copy of the current version of the Certificate and any amendments thereto;b) A description of the Project and the current phase (Construction, Operations, Closure,

or Post-Closure);c) The date of the last update of the website or alternative online medium;d) Contact information for the Holder;e) Reporting on the status of monitoring programs and the results of monitoring

programs and activities required by conditions 6, 7, 10, 11, 13, 14, and 15 of thisAmendment;

f) A description of how to submit questions or concerns about the Project to the Holder;g) The means by which the Holder will respond to any questions or concerns submitted

about the Project;h) Current versions of all plans required to be provided to the EAO for this Project;i) Information on any upcoming public engagement activities related to the Project; andj) Relevant safety information for the public within 1 km of the Project area.

8.3 The Holder must establish the website or alternative online medium at least 15 days prior to the planned commencement of Construction. The website or alternative online medium must be maintained throughout Construction, Operations, and Closure and updated at least quarterly, unless otherwise authorized by the EAO.

9. Indigenous-Led Monitoring Program

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9.1 The Holder must develop an Indigenous-Led Monitoring Program. This Program must be developed in consultation with the Indigenous Nations. The scope of the monitoring activities will be related to monitoring for potential effects from the Amendment Activities on the the Indigenous Nations’ Treaty rights.

9.2 Subject to 9.3, on an annual basis throughout Construction, Operations, and Closure, the Holder must provide funding to each of the Indigenous Nations to retain a monitor or monitors representing each of the Indigenous Nations. Prior to each phase, the Holder must train the monitor(s) to conduct monitoring during Construction, Operations, and Closure. The monitor(s) must be approved by the applicable Indigenous Nation and the Holder, unless otherwise authorized by the EAO.

9.3 The Holder is not required to retain the monitor(s) or fund the retention of the monitor(s) referred to in 9.2 during periods where there is no representantive from a particular the Indigenous Nation who is available to carry out the duties of a monitor on behalf of such Indigenous Nation.

9.4 The Holder must implement health and safety protocols for monitor(s) in accordance with the Holder’s Occupational Health & Safety Plan while on site, including by providing a hard hat, safety vest, gloves, and glasses for each monitor.

9.5 The Holder must provide:

a) If requested by the monitor(s) or an Indigenous Nation, a copy of any plan, programor document related to monitoring activities required by this Certificate. The Holdermust provide a copy of the requested plan, program or document to the monitor(s) assoon as possible and no later than seven days after the monitor(s) has made therequest. The Holder must also provide copies of updated plans, programs ordocuments to the monitor(s) as soon as possible and no later than seven days afterthe updated plan, program, or document is provided to the EAO; and

b) Opportunities for the monitor(s) to be involved in monitoring for at least air quality(including odour), fish, country foods, noise, water quality, vegetation, and wildlife(including caribou and moose).

9.6 The Program must include a terms of engagement for the monitor(s), developed in consultation with the Indigenous Nations. The terms of engagement must include at least the following:

a) The means of developing and supporting existing capacity for the IndigenousNations to carry out monitoring duties;

b) How the Holder will work with each of the Indigenous Nations to identify, recruitand retain the monitor(s) throughout Construction, Operations, and Closure;

c) The process for the Holder to provide funding to the Indigenous Nations, includingtiming for provision of funds, in order for the Indigenous Nation to retain a monitorto conduct the activities set out in the Terms of Engagement;

d) Protocols for site access and access to monitoring locations;e) Provisions with respect to training that will be provided to the monitor(s), including

training necessary to participate in monitoring activities and training concerningany safety requirements established by the Holder respecting the monitoringactivities;

f) The role and responsibilities of the monitor(s) including:i. Adhering to the Holder’s Occupational Health and Safety protocols at the

mine site;

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ii. The nature and frequency of the monitoring activities that will be conductedby the monitor(s);

iii. The means by which the monitor(s) will report information to the Holder andthe Indigenous Nations, including the minimum frequency of the reports; and

iv. How the monitor will receive direction from the Indigenous Nations.

9.7 The Holder must provide the draft program to the Indigenous Nations and the EAO for review a minimum of 45 days prior to the start of Construction.

9.8 This program, and any updates thereto, must be implemented to the satisfaction of the EAO.

10. Air Quality and Emissions Management Plan

10.1 The Holder must retain a Qualified Professional to develop a plan for air quality management and dust control. The plan must be developed in consultation with ENV, EMLI, NHA, and the Indigenous Nations. Following development, the Holder must provide this draft plan to the EAO, ENV, NHA, and the Indigenous Nations for review a minimum of 45 days prior to the planned commencement of Construction.

10.2 The plan must include at least the following:

a) The means by which ambient air quality monitoring and meteorological monitoring willbe implemented;

b) The means by which the mitigation measures related to air quality and generatoremissions listed in the Effects Assessment Update and Verification Memo (datedSeptember 22, 2020) and Tables 3.1-17 and 3.1-22 in the Amendment Applicationwill be implemented;

c) Description of consultation with the Indigenous Nations to identify sampling locationsfor the monitoring in paragraph a);

d) The means by which this plan will inform the Indigenous-Led Monitoring Program(Condition 9); and

e) Measures to mitigate air emissions from the Amendment Activities, including at leastthe following emissions: sulphur dioxide, nitrogen dioxide, carbon monoxide, PM2.5

and PM10.

10.3 The plan, and any updates thereto, must be implemented throughout Construction and Operations under the direction of a Qualified Professional retained by the Holder and to the satisfaction of the EAO.

11. Aquatic Resources Monitoring Plan

11.1 The Holder must retain a Qualified Professional to develop a monitoring plan for effects to aquatic resources. The plan must be developed in consultation with ENV, EMLI, FLNRORD, NHA, and the Indigenous Nations. Following development, the Holder must provide this draft plan to the EAO, ENV, EMLI, FLNRORD, NHA, and the Indigenous Nations for review a minimum of 60 days prior to the planned commencement of Construction.


a) The objectives of this plan and a list of questions that this plan is intended to answer;b) A description of the conceptual study design of this plan and associated rationale;

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c) A detailed description of the design of the monitoring program, including a list of specific parameters to be measured;

d) The means by which monitoring will occur for: iii. Surface water chemistry; iv. Ground water chemistry; v. Streamflows; vi. Sediment chemistry; vii. Tissue chemistry (for periphyton, benthic invertebrates, and fish); viii. Primary producer (algal growth); ix. Aquatic plants; x. Lower trophic (periphyton and invertebrates) and upper trophic (fish)

communities; and xi. Fish health.

e) A description of surface water and sediment chronic and acute toxicity tests that will be run on samples collected in (d), including those using sensitive and representative invertebrate and/or fish species that measure sensitive endpoints, including reproduction;

f) The means by which site-specific data will be incorporated into bioaccumulation modelling conducted in waterbodies where discharge occurs for any bioaccumulative contaminants in water or sediment that are determined by a Qualified Professional to be COPC for the Amendment Activities, including at least selenium;

g) The means by which the data collected through the monitoring will be analyzed to determine the effects of the Amendment Activities on the aquatic environment;

h) Specific monitoring triggers (both below and at guideline levels when guidelines exist) and corresponding responses and mitigation measures that would be implemented if the triggers were reached;

i) A list of reports that will be prepared to disseminate the results of monitoring, including a description of the proposed frequency, timing, structure, and content of each report;

j) The means by which this plan will inform the Country Foods Monitoring Plan (Condition 15) and the Indigenous-Led Monitoring Program (Condition 9);

k) The process and timing for sharing monitoring and study results, including the reports required under item (i), with ENV, EMLI, FLNRORD, and the Indigenous Nations; and

l) The means by which monitoring of nutrients will occur to evaluate the risk and evidence of eutrophication and mitigation measures for eutrophication in M20 Creek and Murray River.

11.3 The plan and any updates thereto, must be implemented throughout Construction, Operations, Closure, and Post-Closure under the direction of a Qualified Professional retained by the Holder and to the satisfaction of the EAO.

12. Water Treatment Technology

12.1 The Holder must treat contact water with a SeHAWK treatment plant as primary treatment from the sedimentation ponds prior to discharge to M20 Creek, unless a proposal in 12.3 is approved by the EAO.

12.2 The Holder must separate sewage effluent from the industrial effluent, unless a proposal in 12.4 is approved by the EAO.

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12.3 The Holder may propose a water treatment technology for use during Operations, Closure, and/or Post-Closure that differs from that required by 12.1 (Alternate Water Treatment Proposal). Any Alternate Water Treatment Proposal must be developed by a Qualified Professional in consultation with ENV, EMLI, and the Indigenous Nations and following development, be provided to the EAO, ENV, EMLI, and the Indigenous Nations for review no less than 90 days prior to the planned commencement of construction of the new water treatment technology. Any Alternate Water Treatment Proposal must include at least the following:

a) Demonstration that the Alternate Water Treatment is at least as protective of theenvironment and Treaty rights as the SeHAWK technology;

b) The timing of when the Alternate Water Treatment will be used;c) Description of any information available on the Alternate Water Treatment that could

affect the conclusions in the Amendment Assessment Report on the effectiveness ofthe treatment or in the confidence in the treatment being effective;

d) Identification of any additional mitigation measures and monitoring that will beundertaken; and

e) Demonstration that the Alternate Water Treatment is technically feasible andeffective.

12.4 The Holder may propose a treated sewage handling method for use during Operations that differs from the requirement in 12.2 (Alternate Sewage Handling Proposal). Any Alternate Sewage Handling Proposal must be developed by a Qualified Professional in consultation with ENV, EMLI, and the Indigenous Nations and following development, be provided to the EAO, ENV, EMLI, and the Indigenous Nations for review no less than 90 days prior to the planned commencement of construction of the new sewage handling method. Any Alternate Sewage Handling Proposal must include at least the following:

a) An assessment of how the Alternate Sewage Handling method is at least asprotective of the environment as the existing method;

b) The timing of when the Alternate Sewage Handling method will be used;c) Description of any information available on the Alternate Sewage Handling method

that could affect the conclusions in the Amendment Assessment Report on theeffectiveness of the handling or in the confidence in the handling being effective;

d) Identification of any additional mitigation measures and monitoring that will beunderaken; and

e) Demonstration that the Alternate Sewage Handling method is technically feasible andeffective.

12.5 The Holder must provide a report to the EAO, ENV, and the Indigenous Nations within 90 days of ENV’s Murray River Water Quality Objectives being finalized that identifies how the Holder will work with ENV to achieve these objectives. This report must be to the satisfaction of the EAO.

13. Water Quality Management Plan

13.1 The Holder must retain a Qualified Professional to develop a plan for water quality management. The plan must be developed in consultation with ENV, EMLI, and the Indigenous Nations. Following development, the Holder must provide this draft plan to the EAO, ENV, EMLI and the Indigenous Nations for review a minimum of 90 days

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prior to the planned commencement of commissioning of the water treatment system authorized by condition 12.


a) The means by which the water treatment system will achieve a treatment efficiency ofat least 90% removal of selenium, nitrate and nitrite;

b) A description of the circumstances in which a lower treatment efficiency would applyas described in a) and a clear rationale and assumptions made in determining thosecircumstances;

c) Identification and description of any information available, including the source of thisinformation, on the water treatment system that could affect the conclusions in theenvironmental assessment of the Amendment Assessment Report on theeffectiveness of the treatment or the confidence in the treatment being effective;

d) The means by which monitoring for selenium, nitrate, and nitrite will occur in thereceiving environment at one or more location(s) determined by a QualifiedProfessional, in consultation with ENV and the Indigenous Nations; and

e) A requirement that a report of the available results from the monitoring in d) must bemade available within two weeks of any request by the EAO, ENV, or an IndigenousNation. Any report must be to the satisfaction of the EAO.

13.3 The plan and any updates thereto, must be implemented post-commissioning of the water treatment system and throughout Operations, Closure, and Post-Closure under the direction of a Qualified Professional retained by the Holder and to the satisfaction of the EAO.

14. Caribou Mitigation and Monitoring Plan

14.1 The Holder must retain a Qualified Professional to update the draft Caribou Mitigation and Monitoring Plan (dated August 2020, Rev 3). The updated plan must be developed in consultation with FLNRORD, EMLI, and the Indigenous Nations. Following development, the Holder must provide this draft plan to the EAO, FLNRORD, EMLI, and the Indigenous Nations for review a minimum of 30 days prior to the planned commencement of Construction.


a) The timeline and means by which the mitigation measures for caribou listed the draftCaribou Mitigation and Monitoring Plan (dated August 2020, Rev 3) will beimplemented;

b) A description of the coal licenses held by the Holder pertaining to the land on whichthe activities referred to in paragraph 14.4 will take place;

c) A maximum disturbance area in caribou high-elevation habitat of 323 ha; andd) Mapping and description of the direct and indirect caribou habitat disturbance areas.

14.3 The plan, and any updates thereto, must be implemented throughout Construction, Operations, Closure, and Post-Closure under the direction of a Qualified Professional retained by the Holder and to the satisfaction of the EAO.

14.4 Prior to commencement of Construction, the Holder must enter into an agreement with the Province (the “Caribou Financial Agreement”) that sets out the terms of the Holder’s financial contributions to a program of activities that includes activities intended to offset the effects of the Amendment Activities (the “Caribou Program”) on caribou. The Holder must abide by the terms of the Caribou Financial Agreement.

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14.5 The Caribou Financial Agreement must include:

a) A description of the coal licenses held by the Holder pertaining to the land on whichthe activities referred to in paragraph 14.4 will take place;

b) The amount of the Holder’s contribution, which must be $744,560, plus an adjustmentfor inflation; and

c) A description of any additional measures undertaken by the Province related to the“Shared Recovery Objective” as defined in the Intergovernmental PartnershipAgreement for the Conservation of the Central Group of the Southern MountainCaribou dated February 21, 2020.

15. Country Foods Monitoring Plan

15.1 The Holder must retain one or more Qualified Professionals to develop a plan to monitor contaminants in country foods which may affect human health. The plan must be developed in consultation with EMLI, ENV, NHA, and the Indigenous Nations. Following development, the Holder must provide the draft plan to the EAO, EMLI, ENV, NHA, and the Indigenous Nations a minimum of 60 days prior to the planned commencement of Construction.


a) Identification of all COPCs and related human health thresholds and triggers basedon human health guidelines, as identified by a Qualified Professional, and consideringvulnerable human populations;

b) Methods and locations for sampling COPCs, including quality assurance, qualitycontrol measures, and sampling frequency;

c) Sampling methods must include at least the following:i. detection limits that are sufficient to compare to human health thresholds and

triggers outlined in paragraph a);ii. reference sites that are not impacted by the Amendment Activities;iii. sampling and monitoring, including at least:

A) criteria air contaminants, including at least sulphur dioxide, nitrogendioxide, coarse and fine particulate matter;

B) dustfall collection, including a full suite of metal analysis;C) soil, including a full suite of metal analysis;D) vegetation, including a full suite of metal analysis;E) fish tissue;F) surface water quality, including a full suite of metal concentration

analysis (total and dissolved metals); andG) small mammal tissue.

d) The means by which the Holder will, in consultation with the Indigenous Nations,incorporate specific measures to ensure that the sampling plan is informed bydiscussions with the Indigenous Nations;

e) The analysis that will be undertaken by the Qualified Professional, in consultation withthe Indigenous Nations, to assess if the information from the sampling indicatespotential effects to COPC concentrations in country foods as a result of theAmendment Activities;

f) The means by which this plan will inform the Indigenous-Led Monitoring Program(Condition 9);

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g) The process for a Qualified Professional, in consultation with the Indigenous Nations,to assess if sufficient sampling has been conducted and whether further long-termmonitoring is required, and to what extent; and

h) The means and frequency by which the Holder will communicate the results of thesampling to the EAO, EMLI, ENV, NHA, and the Indigenous Nations;

15.3 The information collected must be provided annually in a report to the EAO, EMLI, ENV, NHA, and the Indigenous Nations. The report must include at a minimum:

a) All raw data;b) Interpretation of the collected data, including a discussion of whether the data

indicates that any contaminants exceed or exceeded triggers or thresholds identifiedin paragraph 15.2.a);

c) All additional mitigation or adaptive management measures undertaken by the Holderin response to information obtained through the implementation of the plan orproposed to be undertaken, including when the measures will be implemented,following submission of the report;

d) Any proposed changes to the sampling program; ande) A summary written for a lay audience.

15.4 The plan and any updates thereto, must be implemented throughout Construction, Operations, Closure, and Post-Closure under the direction of a Qualified Professional retained by the Holder and to the satisfaction of the EAO.

16. End Land Use Plan

16.1 The Holder must provide the End Land Use Plan dated November 2019 and which formed part of the Application, to the EAO and the Indigenous Nations 30 days prior to the commencement of Construction. The Holder must also provide the Holder’s process and timing for updating and revising the Plan, including any consultation with agencies and the Indigenous Nations that would occur in connection with the updates and revisions.

16.2 The plan, and any updates thereto, must be implemented throughout Construction, Operations, Closure, and Post-Closure under the direction of a Qualified Professional retained by the Holder and to the satisfaction of the EAO.

17. Care and Maintenance Plan

17.1 The Holder must retain a Qualified Professional to develop a plan for Care and Maintenance. The plan must be developed in consultation with EMLI, ENV, and the Indigenous Nations. Following development, the Holder must provide this draft plan to the EAO, EMLI, ENV, and the Indigenous Nations for review a minimum of 30 days prior to the planned commencement of Construction.

17.2 The Holder must notify the EAO and the Indigenous Nations in writing of the date on which the Project enters Care and Maintenance. The notification must be received by the EAO no later than 90 days after Construction or Operations ceased.

17.3 The plan must include a description of how each condition in this Amendment would apply in full, apply in part, or cease to apply during Care and Maintenance, and provide a rationale for any conditions proposed to apply in part or cease to apply.

17.4 The plan has no effect until approved by the EAO.

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17.5 The plan and any updates thereto, must be implemented during Care and Maintenance periods under the direction of a Qualified Professional and to the satisfaction of the EAO.

17.6 To the extent there is a conflict between the plan, as approved by the EAO, and the conditions in this Certificate, the plan applies.

18. Rights Impact Assessment

18.1 If the results of a Rights Impact Assessment of the Amendment prepared by Saulteau First Nations and West Moberly First Nations are shared with the Holder, and subject to permission being granted from Saulteau First Nations and West Moberly First Nations to do so, the Holder must provide the Rights Impact Assessment to EAO, EMLI, and ENV within seven days of receipt.

18.2 If the results of a Rights Impact Assessment of the Amendment prepared by Saulteau First Nations and West Moberly First Nations are shared with the Holder, the Holder must consider the information provided in the Rights Impact Assessment prepared by Saulteau First Nations and West Moberly First Nations of the Amendment in the development of any plans, programs, or other documents required by this Amendment. Each plan, program or other document required by the Amendment must describe how the Rights Impact Assessment informed the plan, program or other document.

Certificate Amendment Order - Conuma

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