Application 1765525

Notice of Application
Coal Conservation Act Application No. 1765525
Environmental Protection and Enhancement Act Application No. 033-11066
Water Act Application No. 00285848

Coal Valley Resources Inc.
Yellowhead Tower Phase 2 Project
Coal Valley Mine

The Alberta Energy Regulator (AER) has received Coal Conservation Act (CCA)Application No. 1765525, Environmental Protection and Enhancement Act (EPEA) Application No. 033-11066, and Water Act Application No. 00285848 (collectively the applications) from Coal Valley Resources Inc. (CVRI) for approval of its proposed Yellowhead Tower Phase 2 Project. The AER and other government departments are reviewing the applications.

A combined notice of filing and application was issued by the AER on January 16, 2014, setting a deadline for filing statements of concern with respect to the EPEA and Water Act applications. No deadline was then established for filing statements of concern regarding the CCA application. This notice sets the deadline for filing statements of concern with respect to the CCA application only.

Description of the Applications

CVRI has applied for approval to conduct mining operations within the Yellowhead Tower area of the Coal Valley Mine. The project would be located in Townships 48 and 49, Ranges 21 and 22, West of the 5th Meridian, about 90 kilometres south of Edson in Yellowhead County, Alberta. The project would comprise Pits No. 151, 154, 160, 161, 164, and 165 and Dumps No. YH-7 and YH-10. The project would supply about 15.7 million raw metric tonnes of coal and allow mining in the area to continue until 2018.

CVRI has prepared and submitted the following documents:
  • Application No. 1765525 under section 11 of the CCA to obtain licences to conduct mining operations in the Yellowhead Tower area, which would comprise additional mine pits and associated dumps.
  • Application No. 033-11066 under section 66 of the EPEA to amend the existing EPEA approval for the construction, operation, and reclamation of the project and associated infrastructure. The project development would require about 398 hectares (ha) of disturbance. Soil material would be conserved for reclamation. The disturbed areas would be reclaimed for primarily commercial timber production, wildlife habitat, and riparian features, including four end pit lakes with a total area of about 28 ha.
  • Application No. 00285848 under section 36 of the Water Act, to construct water management works required for the construction, operation, and reclamation of the haul road, dumps, and mine pit areas for the project, including pit dewatering, stream realignments, general surface water management systems, and end pit lakes.

For a copy of the application, contact
Coal Valley Resources Inc.
Coal Valley Mine
Box 5000
Edson, Alberta  T7E 1W1
Attention: Les Lafleur
Telephone: 780-794-8108 (main office)
780-794-8131 (field office)
Fax: 780-865-8630

Copies of the applications are also available for viewing at
Coal Valley Mine Site – Reception
About 100 km south of Edson
on Highway 40

Coal Valley Resources Inc.
1100, 10235 – 99 Street
Edmonton, Alberta  T5J 3H1
Telephone: 780-420-5810.

To view the application and supporting documents, use the Integrated Application Registry (IAR) available under Systems & Tools on the AER website or contact
AER Information Management Branch
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Telephone: 1-855-297-8311 (toll free; press 2)
Viewing hours: 9:00 a.m. to 3:00 p.m.

To expedite your request, refer to this notice when requesting information.

Requirement to File a Statement of Concern

If you are interested in this matter, you must file a statement of concern as described below. If you do not file a statement of concern, the AER will continue to process the application and may approve it without further notifying you.

How to File a Statement of Concern

In order for your submission to be considered a valid statement of concern, it must be filed before 4:00 p.m., on the filing dates below.

July 16, 2014 Final date to file a statement of concern.

Send one copy of your statement of concern to CVRI at the name and address above and one copy to
Authorizations Review & Coordination Team
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Fax: 403-297-7336

Contents of a Statement of Concern

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

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

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. 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.

Questions of Constitutional Law

In addition to giving notice according to section 12 of the Administrative Procedures and Jurisdiction Act and schedule 2 of the Designation of Constitutional Decision Makers Regulation, you must include the following information in your submission and file it according to the dates listed under How to File a Submission if you intend to raise a question of constitutional law:

  1. the constitutional question you intend to raise,
  2. the legal argument you intend to make, and
  3. the evidence you intend to rely on in support of your legal argument

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

For information on AER procedures, contact the authorizations specialist, Fares Haddad, by phone at 403-297-5366 or by e-mail to

Issued at Calgary, Alberta, on June 10, 2014.
Patricia M. Johnston, Q.C., General Counsel