Application 1765525

Notice of Filing
Alberta Energy Regulator
Application No. 1765525

Notice of Application
Alberta Environment and Sustainable Resource Development
Environmental Protection and Enhancement Act
Application No. 033-11066
Water Act File No. 00285848

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

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

This notice is not a notice of application of the AER and the submission deadlines given are not for statements of concern for filing under the Alberta Energy Regulator Rules of Practice (Rules of Practice).

Description of the Project

CVRI has applied under Part 4, Section 11 of the Coal Conservation Act for licences to conduct mining operations within the area of the project. 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 to the AER, under section 11 of the Coal Conservation Act to obtain licences to conduct mining operations in the area of the project, which would comprise additional mine pits (Pits No. 151, 154, 160, 161, 164, and 165) and associated dumps (Dumps No. YH-7 and YH-10).
  • Application No. 033-11066 to ESRD, under part 2, division 2 and 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 to ESRD, 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: Ross Van Bostelen, P.Eng.
Telephone: 780-794-8108
Fax: 780-794-8150

To view the applications, EIA, and supporting documents, contact
AER Information Product Services Section
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.

Alberta Government Library
Great West Life Building
6th Floor, 9920 – 108 Street
Edmonton, Alberta T5K 2M4
Telephone: 780-427-5828
(toll free: 780-310-0000)

Copies of the applications are also available for viewing at
ESRD, Upper Athabasca Region (UAR)
Suite 1, 250 Diamond Avenue
Spruce Grove, Alberta T7X 3B4
Telephone: 780-960-8600

CVRI Site Reception
About 90 km south of Edson
on Highway 40
Telephone: 780-794-8108
Coal Valley Resources Inc.
1600 Oxford Tower
10235 – 101 Street
Edmonton, Alberta T5J 3G1
Telephone: 780-420-5810

How to File a Statement of Concern with ESRD

Under Section 73 of EPEA and section 109 of the Water Act, any person who may be directly affected by the EPEA application or the Water Act application may submita written statement of concern. Statements of concern must be submitted by February 26, 2014. Quote Application No. 033-11066 (EPEA) or File No. 00285848 (Water Act) when submitting a statement of concern.

If no statements of concern are received, the EPEA and Water Act applications may be approved without further notice. Failure to file a statement of concern may affect the right to file a notice of appeal with the Environmental Appeals Board.

Submit statements of concern to
Alberta Environment and Sustainable Resource Development
Regulatory Approvals Centre
Main floor, Oxbridge Place
9820 – 106 Street
Edmonton, Alberta T5K 2J6
Attention: Director, Northern Region
Telephone: 780-427-6311
Fax: 780-422-0154

The AER may also receive and review submissions sent to ESRD. Any interested party can file a submission with the AER directly if it has concerns with the application to the AER. The filing deadline stated above is not for statements of concerns to be filed with the AER under the Rules of Practice, unless stated otherwise in an AER notice or other direction of the AER.

If you choose to file a submission, you may want to include the following information:
  • why you believe you may be directly and adversely affected by a decision on the application;
  • the location of the land, residence or activity of the person in relation to the location of the project that forms the subject of the proposed applications; and
  • your contact information including your name, address in Alberta, telephone number, fax number, if any, and if available, an e-mail address.

Section 49 of the Rules of Practice, section 35(1) of EPEA, and section 15(1) of the Water Act (Ministerial) Regulation require 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. For the purposes of the ESRD, such requests can be filed according to section 35(4) of the EPEA and section 15(4) of the Water (Ministerial) Regulation.

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 if you intend to raise a question of constitutional law:

  • the constitutional question you intend to raise
  • the legal argument you intend to make
  • 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
Oil Sands and Coal Branch, Coal Group
Attention: Fares Haddad, Application Coordinator
Telephone: 403-297-5366

Issued at Calgary, Alberta, on January 16, 2014.


Patricia M. Johnston, Q.C., General Counsel