Application 1844520

Amended Notice of Application
Applications No. 1844520 and 1844522
Benga Mining Limited
Grassy Mountain Coal Project

NOTE: The initial notice of application was issued on November 19, 2015, with a filing date of January 4, 2016, to submit a statement of concern. This deadline has been extended to January 15, 2016, to accommodate the publication schedule of Alberta Sweetgrass.

The Alberta Energy Regulator (AER) has received Coal Conservation Act (CCA) Applications No. 1844520 and 1844522 from Benga Mining Limited (Benga) for approval of its Grassy Mountain Coal Project. The AER is reviewing the applications together with the associated environmental impact assessment (EIA) report.

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

Description of the Applications

Benga has applied under section 10 of the CCA for a permit to develop a surface metallurgical coal mine site and under section 23 of the CCA for an approval to construct and operate a new coal processing plant. Benga has also submitted an EIA report, which forms part of the applications to the AER.

Benga’s proposed project consists of a mine, with a mine life of about 24 years; a coal processing plant with associated infrastructure; an overland conveyor system, which would parallel an existing high-grade access corridor and connect to a rail load-out facility; and a new section of rail track.

The project would produce four million clean tonnes of metallurgical coal per year by 2021. Subject to regulatory approval, site construction is scheduled to begin in mid-2017. The project would be located in southwest Alberta near the Crowsnest Pass, about 7 kilometres north of the community of Blairmore, within Townships 8 and 9, Ranges 3 and 4, West of 5th Meridian.

For a copy of the applications, contact
Benga Mining Limited
PO Box 660
12331 – 20 Avenue
Blairmore, Alberta  T0K 0E0
Attention: Cal Clark
Telephone: 403-753-5160
E-mail: Cal.Clark@rivresources.com

To receive a copy of the applications, EIA, and supporting documents, submit an information request, as outlined at www1.aer.ca/ProductCatalogue/ordering.html, to

AER Order Fulfillment
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Telephone: 1-855-297-8311 (toll free; option 2)
E-mail: InformationRequest@aer.ca

Refer to this notice when requesting information to expedite the response.

Copies of the applications will also be available at
Alberta Government Library
44 Capital Boulevard
11th Floor, 10044 – 108 Street
Edmonton, Alberta  T5J 5E6
Telephone: 780-427-2985
(toll free: 780-310-0000)

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 notifying you.

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 January 15, 2016. Send one copy of your statement of concern to Benga 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: 403-297-4117
E-mail: ARCTeam@aer.ca

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
    e-mail address or, if you do not have an e-mail address, your fax number.

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. 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 procedures, contact Rushang Joshi, Authorizations, telephone 403-297-8494, fax: 403-297-5998, e-mail: rushang.joshi@aer.ca.

Issued at Calgary, Alberta, on January 12, 2016.
ALBERTA ENERGY REGULATOR
Patricia M. Johnston, Q.C., General Counsel