This is an official version. Copyright © 2007: Queen's Printer, Important Information
Newfoundland
and Labrador
Mineral Exploration Standards Regulations (Filed
Under the authority of section 11 of the Labrador Inuit Land Claims Agreement Act, the
Lieutenant-Governor in Council makes the following regulations. Dated at Robert C. Thompson REGULATIONS Analysis 1.
Short title 2.
Exploration and quarrying standards Schedule Short title 1. These
regulations may be cited as the Mineral Exploration Standards
Regulations. Exploration and
quarrying standards 2. The
standards for mineral exploration in Labrador Inuit Lands agreed to by the
province and the Nunatsiavut Government under section 4.11.6 of the Labrador
Inuit Land Claims Agreement and set out in the Schedule shall apply to mineral
exploration in Labrador Inuit Lands. Schedule Standards for Exploration in Labrador
Inuit Lands List of Sections: 1. General 2. Application for Exploration Approval 3. Implementation/Enforcement 4. Notification and Reporting 5. Community Liaison 6. Employment and Business for 7. Environmental Protection Plan 8. Historic Resources 9. Environmental Baseline Data Collection 10. Wildlife and Habitat Protection 11. Reclamation and Closure of Exploration Site 12. Financial Security 13. Airborne Survey Work 14. Exploration Camps 15. Water Use and Water Quality Protection 16. Water Crossings 17. Vehicle Use 18. Fuel Storage, Handling and Transport 19. Waste Management 20. Emergency Response 21. Line cutting and survey work 22. Clearing of Vegetation 23. Clearing of Work Areas (stripping and stockpiling) 24. Blasting 25. Trenching 26. Drilling 27. Equipment Maintenance 28. Air Quality Protection 29. Noise Suppression 30. Roads and Trails 31. Uranium Exploration Section
1: General: 1.1 These
Standards are the standards for Exploration in Labrador Inuit Lands referred to
in chapter 4 of the Labrador Inuit Land
Claims Agreement and have been established pursuant to section 4.11.6 of
the 1.2 In
addition to complying with these Standards, Applicants must obtain all other
approval, licenses and permits required by law, and comply with all applicable
environmental protection laws. 1.3 Where
these Standards refer to Federal or Provincial Legislation or to Inuit Law the
Legislation is incorporated into the Standards by reference but any subsequent
amendment to the Legislation shall not be incorporated in these Standards
unless specifically adopted for purposes of these Standards by the Governments. 1.4 In
these Standards: (a) "Applicant" means a Person who
intends to search for Subsurface Resources in, on or under Labrador Inuit
Lands, including Labrador Inuit Lands under water, or who is engaged in pre-feasibility
studies in relation to a Subsurface Resource and who has submitted a Work Plan
for approval under section 2.1; (b) "Approved Work Plan" means a Work
Plan that has been approved under section 2.1(a) and includes any term or condition
on which such approval is given; (c) "body of water" and
"water" have the meanings assigned to them in the Water Resources Act, SNL2002 cW-4.01; (d) "critical habitat" and
"habitat" have the meanings assigned to them in the Species at Risk Act, S.C. 2002, c. 29; (e) "endangered species" has the meaning
assigned to it in the Species at Risk Act,
S.C. 2002, c. 29; (f) "Environmental Protection Plan" and
"EPP" means a detailed statement of the activities, systems and
methods to be undertaken by the Applicant to protect the Environment in
relation to an Exploration Program and must include: (i) education, information and orientation for all
personnel in relation to protection of the Environment and protection of
Historic Resources and the activities, systems, equipment and methods to be
used for their protection, (ii) monitoring and auditing for purposes of
determining compliance with Environmental Laws and Laws for the protection of
Historic Resources, determining compliance with the Approved Work Plan and
determining whether any adjustments to the Environmental Protection Plan, Work
Plan or Exploration Program may be necessary, and (iii) protocols to be followed in the event of a discovery
of a Historic Resource and in the event of an emergency, accident or incident
that may negatively impact the Environment; (g) "Exploration Program" includes
Exploration and an activity or action, or course of activities or actions, that
are associated with, planned, or carried out in connection with, or subsidiary
to, Exploration, the delineation or definition of a Subsurface Resource or the
completion of pre-feasibility studies in order to establish the value or extent
of a Subsurface Resource for purposes of developing, working or producing the
Subsurface Resource; (h) "Governments" means the Government
of Newfoundland and (i) "Historic Resource" refers to an
Archaeological Site, Archaeological Material, burial site and human remains; (j) "Plan Holder" means a Person
authorized to carry out Exploration in Labrador Inuit Lands under an Approved
Work Plan and includes: (i) the officers, agents and employees of the Plan
Holder, (ii) each and every partner, subsidiary or
affiliate of the Plan Holder, (iii) each and every contractor and subcontractor of
the Plan Holder, and (iv) the successors and assigns of the Plan Holder; (k) "Reclamation and Closure Plan" means
a detailed description of the process of reclamation (as defined in section
11.1), including progressive reclamation, in relation to a Site and at each
stage of an Exploration Program up to and including temporary closures and
final termination of Exploration activities at the Site; (l) "Sensitive Area" means a Protected
Area, critical habitat, or an area of Labrador Inuit Lands declared by the
Nunatsiavut Government to be an environmentally or ecologically sensitive area; (m) "Site" means a location in Labrador
Inuit Lands, including Labrador Inuit Lands covered by water, where an activity
is planned or carried out for purposes of an Exploration Program; (n) "Standards" means these Standards
for Exploration in Labrador Inuit Lands; (t) "threatened species" has the meaning
assigned to it in the Species at Risk Act,
S.C. 2002, c. 29; (u) "Vessel" includes boat, speed boat,
canoe, zodiac, longliner, and barge. (v) "Work Plan" means a plan for Exploration
in Labrador Inuit Lands submitted to the Governments under section 2.1 and
includes an Environmental Protection Plan and a Reclamation and Closure Plan in
relation to the planned Exploration. 1.5 In
these Standards: (a) "should" indicates a guideline or a
discretionary standard, (b) "must" and "shall"
indicate a mandatory rule, (c) unless otherwise clear from the context,
"includes" means "includes but is not limited to" and
"including" means "including but not limited to", and (d) unless some other document or law is
specifically referred to, a reference to a "section" is a reference
to a part, section, subsection, paragraph or subparagraph of these Standards. 1.6 Words
that begin with a capital letter and phrases in which each word begins with a
capital letter that are not defined in these Standards are defined in the
Labrador Inuit Land Claims Agreement (brought into effect by An Act to give
effect to the Labrador Inuit Land Claims Agreement and the Labrador Inuit Tax
Treatment Agreement, SC 2005, c.
27 and the Labrador Inuit Land Claims
Agreement Act, SNL2004 cL-3.1). 1.7 If
there is an inconsistency between these Standards and the Labrador Inuit Land Claims Agreement, the agreement prevails to the extent of the inconsistency. If
there is an inconsistency between these Standards and a Provincial Law or an
Inuit Law, these Standards prevail to the extent of the inconsistency. Section
2: Application for Exploration Approval: 2.1 Any
Person who wishes to carry out an Exploration Program in Labrador Inuit Lands
must submit a Work Plan to the Governments detailing the proposed Exploration
Program. The Exploration Program may proceed only upon: (a) Approval of the Work Plan by the Minister of
Lands and Resources of the Nunatsiavut Government and the Minister of Natural
Resources of the Government of (b) Consent for access to and use of Labrador
Inuit Lands granted by the Nunatsiavut Government by issuance of a Land Use
Permit under the Labrador Inuit Lands Act
, IL 2005-14; and (c) issuance of an exploration approval under the Mineral Act, RSNL1990 cM-12. 2.2 The
Governments will decide whether to approve or reject a Work Plan within 15
clear days from the date on which it is received. 2.3 A
Work Plan must demonstrate compliance with these Standards and must include the
following: (a) full and detailed information about the Applicant
including contact information; (b) indication of the Subsurface Resource(s) being
explored; (c) detailed sketch map or maps, survey plan or
aerial photographs/satellite imagery of the Site and its environs, prepared as
per Sections 7 to 10 of the Government of Newfoundland and Labrador "Guidelines for the Form of Reports and
Illustrations as Prescribed by the Minister as per Section 55(2) of the
Consolidated Newfoundland and Labrador Regulations 1143/96", with maps
in vector format provided as ArcView Shape Files (.shp), showing: (i) the location of the Site being applied for and
identifying the parcel of Labrador Inuit Lands where the Site is located; (ii) the Site boundaries; (iii) the location of any existing infrastructure,
previous Exploration activity or known debris within the Site; (iv) all significant natural features within the
Site, including any body of water; (v) the location and distance of all significant
natural features within a 500 meter radius of the boundaries of the Site,
including any permanent or seasonal body of water; (vi) the proposed location within the Site of the
principal features of the Exploration Program, including airborne surveys, ground
surveys, diamond drilling, trenching, pitting and stripping and any underground
workings; (vii) the locations of all dwellings, buildings, and
boundaries of Labrador Inuit Lands located within a 500 meter radius of the
boundaries of the Site; (viii) the proposed access to the Site and its
location in relation to trails, wharves, airstrips, power lines or roads in the
vicinity; (d) location of the Site in relation to the
nearest Inuit Community, dwellings, roads and other existing infrastructure and
a description of the visibility of the Site from the Community and dwellings,
roads and other features and facilities such as look-offs and parks; (e) detailed information about the Site including
a description of the nature and extent of topsoil and other overburden, and the
type of vegetation cover over the land to be affected by Exploration activity; (f) detailed information about the means of accessing
the Site; (g) identification and summary of any prior
Exploration activity carried out by the Applicant at the Site including prior
permits and leases; (h) identification and composition of all consumable
materials to be stockpiled or stored on Site; (i) detailed description of Exploration activity
to be carried out, and all infrastructure and facilities to be constructed for
purposes of accessing the Site and carrying out the Exploration Program; (j) the source of all water to be used in the
Exploration Program and their geographic locations; (k) a full description of all water withdrawal and
transmission facilities including the total capability of the water withdrawal
facilities, the total withdrawal capability per day and the amount to be
withdrawn from each water source, the uses to be made of the water, the place
or places of use, discharge treatment and discharge facilities, and the place
or places of discharge; (l) measures to be used at the Site to delineate
and mark the Site on the ground, identify the Plan Holder and protect the
safety of individuals entering the Site; (m) the size of the workforce to be employed at
the Site; (n) an Environmental Protection Plan; (o) a Reclamation and Closure Plan including,
where appropriate, a plan for progressive reclamation of the Site; and (p) any other information that is required by these
Standards or that the Applicant deems relevant and wishes to provide, such as
plans referred to in section 41 of the Mineral
Regulations. 2.4 Descriptions
required under section 2.3 must be supplied using UTM coordinates. Datum must
be specified as NAD 27. 2.5 A
Work Plan must identify with precision, and provide detailed information about,
all ancillary land uses that will take place under the Work Plan and the
location or locations in Labrador Inuit Lands where those land uses will take
place. If this requirement is met and the Work Plan has been approved, and all
necessary fees have been paid, the Minister of Lands and Resources of the
Nunatsiavut Government will, upon approval of the Work Plan, issue to the Plan
Holder a land use permit in accordance with and subject to the Labrador Inuit Lands Act, IL 2005-14,
for purposes of carrying out work and activities authorized under the Work Plan
for a maximum term of one year. 2.6 The
Plan Holder must sign a written acknowledgement that the Nunatsiavut Government
incurs no obligation to extend or renew any land use permit referred to in
section 2.5 or to grant any other subsequent tenure or permit or any other
authorization to access Labrador Inuit Lands whether in relation to continuing
Exploration or otherwise, and that the Plan Holder enjoys no right to renew or
extend a land use permit issued pursuant to section 2.5 or to receive any
subsequent tenure, permit or other authorization to access Labrador Inuit Lands
whether in relation to continuing Exploration or otherwise. Nothing in this
acknowledgement under this section derogates from any right the Plan Holder may have under section 4.11.19
of the 2.7 A
Work Plan must be certified to be true, accurate and complete by the Applicant
or, if the Applicant is not a natural person, the exploration manager of the
Applicant who must provide full details as to his or her office, address, phone
number and other addresses and coordinates for purposes of ordinary and
emergency communications. 2.8 A
Work Plan must include an agreement on the part of the Plan Holder to assume
all liability arising out of the Exploration Program and to indemnify and save
harmless the Nunatsiavut Government from any and all damages, costs, losses, or
liabilities that the Nunatsiavut Government may suffer or incur in connection
with or as a result of any suits, actions, causes of action, claims,
proceedings, or demands initiated or made against the Nunatsiavut Government
relating to or arising from any activity carried out at an Exploration Site or
under an Approved Work Plan. 2.9 A
Work Plan must comply with all applicable requirements of these standards. 2.10 A
Work Plan that does not contain all required information shall not be
considered for approval. 2.11 A
Work Plan shall be considered to be incomplete until it has been received by
both Governments. 2.12 An
approval of a Work Plan shall not be issued until all fees have been paid and
all financial securities that may be required have been received by the
Government of Newfoundland and 2.13 A
Work Plan that does not comply with all applicable requirements of these
standards shall be rejected. 2.14 A
Work Plan is not approved until it has been approved by both Governments. 2.15 The
approval of a Work Plan does not relieve the Applicant of the obligation to
obtain all other permits that may be required by law with respect to the
Exploration Program. 2.16 Fees
payable for access to Labrador Inuit Lands in connection with Exploration Programs
that may be established by the Nunatsiavut Government from time to time shall
be appended to these Standards for purposes of information pursuant to
subsection 4.11.11(d) of the Labrador
Inuit Land Claims Agreement. 2.17 An
Applicant whose application for approval of a Work Plan is rejected may submit
a new application for approval of a Work Plan under section 2.1. 2.18 A
Plan Holder who wishes to amend an Approved Work Plan or who is required to
amend an Approved Work Plan under section 4.3 shall submit a new application
for approval of the Work Plan under section 2.1. 2.19 No
Person, other than a Person described in section 4.11.5(a) of the Labrador Inuit Land Claims Agreement,
may search for Subsurface Resources in, on or under Section
3: Implementation/Enforcement 3.1 The
Plan Holder is to bear the cost of compliance monitoring for the Exploration
Program. 3.2 The
Plan Holder must provide authorized representatives of the Nunatsiavut
Government with full access to the Exploration Site at all reasonable times.
The Plan Holder shall pay the costs of Site visits by a representative of the
Nunatsiavut Government. The number of Site visits to be paid for by the Plan
Holder will be set out in the Approved Work Plan but shall be no less than one
during the exploration season and one post-closure Site inspection, necessary
in order to confirm satisfactory completion of the work detailed in the
Reclamation and Closure Plan (as contained in the Approved Work Plan) and
authorize release of the financial security for the Exploration Program as
required under section 12. What constitutes an exploration season shall be set
out in an Approved Work Plan but shall not exceed a calendar year. Section
4: Notification and Reporting 4.1 The
Plan Holder must notify the Nunatsiavut Government no less than 24 hours before
mobilizing equipment to the area and no more than 1 week before doing so. 4.2 If
a Plan Holder proposes any change or addition to the Exploration activities
carried out under the Work Plan, the Plan Holder shall provide written notice
of the proposed change or addition to the Governments. 4.3 A
Plan Holder must submit an application for a new Work Plan in the event of a
change or addition to the Exploration Program where a variance between the
approved location and the actual location of a drill hole, pit or trench or any
other feature or element of the Exploration Program, including a camp, fuel
cache or fuel storage site, exceeds 100m meters. 4.4 Despite
subsections 4.3, if an approved Work Plan permits an Exploration activity in a
Sensitive Area, no variance is permitted except after compliance with section
4.2 and, if the Governments so require, section 2.18. 4.5 For
greater certainty: (a) the permitted variances under subsection 4.3
does not authorize or permit the location of any Exploration activity or
facility within a buffer around a body of water or within close proximity of a
known Historic Resource. (b) if a variance exceeds the permissible amount
set out in subsection 4.3, the Plan Holder must provide the notice required
under section 4.2 and, if a Government so requires, comply with section 2.18. 4.6 Within
60 days of the end of each Exploration season or final termination of an
Exploration Program the Plan Holder must provide to the Nunatsiavut Government
a written report consisting of a summary of all Exploration activities carried
out under the Work Plan which must include: (a) a summary of all activities and matters
referred to in section 4.7; (b) reports on activities related to environmental
protection; (c) reports on health and safety performance; (d) reports on employment numbers; (e) reports respecting campsites; (f) reports respecting fuel caches and storage
sites and facilities and fuel consumption; (g) an account and summary of community
information sessions; (h) environmental baseline data; (i) a summary, by category, of expenditures; (j) a summary statement of planned future exploration
activities and expenditures; (k) a statement by a qualified person as to the
significance of the Exploration results. For purposes of this section "qualified person" has the same
meaning as in National Instrument 43-101 of the
Canadian Securities Administrators as amended from time to time; and (l) reports respecting implementation of the
Closure and Reclamation Plan and, as applicable, progressive reclamation activities
and closure. 4.7 If
the Nunatsiavut Government so requires by written directive or as a term or
condition of approval of a Work Plan, a report under section 4.6 must include a
detailed account of the following Exploration activities and the raw data,
interpretations, conclusions and recommendations resulting from those
activities: (a) prospecting; (b) trenching and the digging of pits; (c) line cutting and flagging; (d) drilling; (e) geological surveys; (f) airborne, surface and underground geochemical
and geophysical surveys; (g) land and topographic surveys; (h) shaft sinking and other underground development
work; and (i) engineering evaluation reports. 4.8 Information
included in a report under section 4.6 by virtue of section 4.7 shall be
confidential and shall not be released by the Nunatsiavut Government to any
other Person without the consent of the Plan Holder or until the expiration of
3 years from the date on which the report was due. Section
5: Community Liaison 5.1 Inuit shall have access to the Exploration Site
at all times unless the Nunatsiavut Government has consented to restrictions on
Inuit access in its approval of the Work Plan and the Plan Holder has implemented
the required notification requirements advising Inuit of any approved
restrictions on their access to the Exploration Site. 5.2 If
requested by the Nunatsiavut Government, the Plan Holder must conduct public sessions
in one or more Inuit communities before the commencement of the Exploration
Program, during and/or following the completion of the Exploration Program. The
purpose of these sessions will be to provide information to Inuit regarding the
Exploration Program and to hear out any comments or concerns with a view to
accommodating concerns where it is reasonable to do so. Section
6: Employment and Business Opportunities for 6.1 Exploration
on Labrador Inuit Lands should maximize employment opportunities for Labrador
Inuit and whenever possible goods and services should be purchased from
Labrador Inuit businesses. 6.2 The
Work Plan should state how section 6.1 will be implemented during the
Exploration Program. Section
7: Environmental Protection Plan 7.1 The
Applicant must develop an Environmental Protection Plan that integrates these
Standards and must include the Environmental Protection Plan in its Work Plan. Environmental
Protection Plans will range in detail from prospecting work to larger more
invasive programs and must consider the cumulative impact of all activities and
works associated with the Exploration Program. No Exploration activity may
commence under a Work Plan unless the Environmental Protection Plan has been
approved, with or without terms or conditions, by the Nunatsiavut Government.
All members of the exploration work crew must undergo orientation and training
in relation to the Environmental Protection Plan prior to the commencement of
the Exploration Program. All orientation and training activities must be
documented and reported to the Nunatsiavut Government within 2 weeks of the
completion of each orientation or training session. 7.2 In addition to complying with these Standards,
the Plan Holder must also comply with all other applicable Environmental Laws
of the Nunatsiavut, Provincial and Federal governments. Section
8: Historic Resources 8.1 A
Work Plan will be evaluated for any potential impact on known Historic
Resources by Torngasok Cultural Centre. 8.2 Upon
request of the Nunatsiavut Government, a Plan Holder may be required to
undertake a Stage I Archaeological Assessment (Historic Resources Overview Assessment) as per Section 13 of the Historic
Resources Act. 8.3 Proposed
work boundaries must be moved to avoid an Historic Resource
if required by the Nunatsiavut Government. 8.4 In
the event of the discovery of an Historic Resource or
suspected Historic Resource, the Plan Holder must immediately stop work, cordon
off the area, photograph the site and contact the Torngasok
Cultural Centre for direction. 8.5 The
location of a discovery referred to in Section 8.4 must remain cordoned off for
the duration of the Exploration Program or until determined not to be of
significance by the Nunatsiavut Government, and under no circumstances: (a) is Exploration work
to be carried out at the location of the discovery or so as to disturb the
discovery. (b) is any individual,
other than a Person authorized to carry out an Archaeological Activity under a
written permit issued by the Nunatsiavut Government to cause any disturbance or
remove any material from the location of the discovery. 8.6 In
addition to compliance with these Standards respecting historic resources the
Plan Holder must comply with all applicable laws respecting the protection of
Historic Resources that may be enacted by the Nunatsiavut Government under
section 15.3.1 of the Labrador Inuit Land
Claims Agreement. 8.7 Exploration
crews must be briefed on the recognition of Historic Resources prior to the
commencement of the Exploration Program as part of personnel orientation and
training under the Environmental Protection Plan. Section
9: Environmental Baseline Data Collection 9.1 Upon
request of the Nunatsiavut Government, the Plan Holder must undertake Environmental
baseline work to an appropriate level of detail given the operation proposed,
which may include: - Water quality sampling - Surface hydrological testing - - Wildlife observation - Vegetation mapping Section
10: Wildlife and Habitat Protection 10.1 Any
endangered or threatened species in the vicinity of the Site and any known
sensitive areas or sensitive time periods for fish, wildlife or their habitat
must be identified by the Applicant in the Work Plan. 10.2 Exploration
activity must be scheduled to avoid any sensitive areas of fish and wildlife
habitat and critical periods in fish and wildlife cycles. Annual timing of
migration, spawning and calving in the vicinity of an Exploration Program must
be considered at all times. 10.3 There
shall be no Exploration activity permitted in areas where critical habitat is
known to exist. 10.4 In
the event that trap lines, camps, cabins or other evidence of recent use and
occupancy exists in any area in which Exploration activity may be carried out
their locations must be identified in the application for approval of the Work
Plan and in the event that any such use or occupancy is discovered during
Exploration Program, its
location must be documented and reported by the Plan Holder to the Nunatsiavut
Government. The Plan Holder must not interfere with any such use and occupancy. 10.5 Personal
pets must not be brought to the Exploration Site except in the case of trained
dogs used for the purpose of bear control. 10.6 There
must be no fishing or hunting at or near the Site by any employees or
contractors, including Nunatsiavut residents and beneficiaries, involved
directly or indirectly in Exploration or when traveling to or from the site
during the entire period of the Exploration Program. Employees or contractors
must immediately leave the Exploration Site on completion of an employment
period at the Site. 10.7 Under
no circumstances are wildlife to be fed directly and all measures must be taken
to avoid inadvertent feeding. 10.8 Wildlife
must not be chased, caught, diverted, followed or otherwise harassed by all-terrain-vehicle,
aircraft, watercraft, or on foot. 10.9 Equipment
and vehicles must yield the right-of-way to wildlife. 10.10 Exploration
work crews must be made aware of the potential for encounters with black bears
and polar bears and instructed to report all sightings. The Plan Holder must
record all reported sightings. 10.11 Black
bear deterrent measures such as bear bangers may be used, and translocation of
bears can be undertaken and must be undertaken before any lethal means are
considered. 10.12 If
the presence of a black bear is posing a risk to workers on the Exploration
Site, responsive actions such as trapping and displacement or destruction of
the animal may be undertaken only under the supervision of the Wildlife
Division of the Government of Newfoundland and Labrador and the Nunatsiavut
Government. 10.13 All
wildlife encounters are to be recorded and submitted by the Plan Holder in a
report to the Nunatsiavut Government. A sample Wildlife Incident Report is
appended as Appendix 1. 10.14 The
Plan Holder must minimize noise by ensuring that all exhaust systems are
properly muffled. 10.15 All
water extraction activity must follow the Department of Fisheries and Oceans
Freshwater Intake End-of-Pipe Fish Screen Guidelines. [Department
of Fisheries and Oceans, 1995.
Freshwater Intake End-of-Pipe Fish Screen Guideline. Communications Directorate, Department of Fisheries and Oceans.] 10.16 Where
an Exploration Program takes place in an area that is frequented by Polar Bears
the Plan Holder must have bear monitors authorized or approved by the
Nunatsiavut Government on duty at all times and take all reasonable steps as
directed by the polar bear monitor to protect both human life and the lives of
polar bears. 10.17 If
the presence of a polar bear is posing a risk to workers on the Exploration
Site the Nunatsiavut Government and the Wildlife Division of the Government of
Newfoundland and 10.18 If,
in an emergency, the Plan Holder or the polar bear monitor kills a polar bear,
the Plan Holder must immediately notify the Wildlife Division of the Government
of Newfoundland and 10.19 Should
the emergency kill of a polar bear referred to in section 10.18 result in the
subsequent reduction of the Total Allowable Harvest for polar bears under
sections 12.3.6 and 12.3.7 of the Labrador
Inuit Land Claims Agreement beyond the one polar bear that was killed, the
Plan Holder shall pay to the Nunatsiavut Government an additional seven
thousand dollars for the loss of each polar bear from the previous annual Total
Allowable Harvest that is directly attributable to the emergency kill of the
polar bear. 10.20 The
Plan Holder must develop an education awareness program for potential
encounters with polar bears by its employees and include the program in its
EPP. This program must incorporate measures to reduce the possibility of
emergency kills of polar bears. All activities carried out to implement the
education awareness program must be documented and reported to the Nunatsiavut
Government within 2 weeks of the completion of each session. 10.21 The
Plan Holder must arrange for and cover the costs of the delivery of the meat
and hide of any polar bear killed at an Exploration Site to the Nunatsiavut
Government where it is practicable to do so. Section
11: Reclamation and Closure of Exploration Site 11.1 Reclamation
means that the environmental disturbance to an area is remediated
to the point where the area: - Is safe and stable. - Is restored as near as reasonable to its pre-disturbance
condition. - Has its environmental values safeguarded. - Has an appropriate sustainable ecosystem. 11.2 The
Applicant must submit a Reclamation and Closure Plan to the Nunatsiavut
Government for approval as part of the Work Plan. If the Exploration Program to
which the Work Plan relates is a multi year program the Reclamation and Closure
Plan must provide an estimate of the number of seasons during which Exploration
will be carried out and an initial estimate of date of final termination of
Exploration and closure of the Site. Where applicable, the Reclamation and
Closure Plan must include details of progressive reclamation. 11.3 The
Applicant must make efforts to minimize disturbance throughout the Exploration
Program in order to reduce the amount of Reclamation effort to be taken upon
completion of the Program. 11.4 Reclamation
and Closure of an Exploration Program must include the following: - Removal of all equipment and materials, garbage,
broken equipment and other waste material. - Removal of all pickets used for Exploration surveys
when no longer required for ground control, except for wooden pickets with
small pieces of flagging tape or metal attached. - Removal of all wire or other extraneous materials
such as non-biodegradable flagging tape on
completion of fieldwork. - Reclamation of all drill sites, trenches, camp
sites, fuel storage sites and all other workings in relation to Exploration. - Backfill and/or re-sloping of all disturbed
areas with topsoil and organic material placed on top - Stabilization of all disturbed areas including
trench locations, sections of trails, drill sites and camp sites that could
cause siltation into nearby bodies of water - Inspection and maintenance programs for structures
that are required for more than one year after temporary closure or final termination
of the Exploration Program. - Reclamation and stabilization of all water
management (runoff control) structures - Measures to provide for the continued security
and integrity of diamond drill core that is to remain at the Exploration Site
during the period of mineral tenure. - Measures to test for and remove any core samples
that are potentially acid generating, or to reclaim or permanently control any
core samples that are potentially acid generating and that are permitted to
remain at the Site. - Measures to test for and to remove any core
samples that exceed normal background radiation levels. - Reclamation of core sample boxes. - Permanent measures to control potential erosion
and siltation along abandoned Exploration access
roads such as culverts and retaining banks - Stockpiling of any topsoil and overburden
removed for Exploration work in mounds of 1-2 metres maximum height in an area
where they will not be disturbed. - Replacement of any overburden or topsoil that
was removed for Exploration purposes. Whenever possible, the replacement of
overburden and topsoil must be undertaken progressively during the Exploration
Program, as soon as the Site is no longer needed for the Program. 11.5 If
revegetation of disturbed areas is required for
reclamation purposes, only local plant species may be used. 11.6 The
Plan Holder must monitor the reclamation process based on the following
criteria: - Soil/slope
stability and resistance to erosion - re-establishment of
drainage. - plant density - water quality
standards for drainage water - other regulatory
requirements - public safety issues - aesthetic value. 11.7 Before
final approval of the completed Reclamation and Closure Plan and release of the
financial security, the Plan Holder may be required to return to a Site to
undertake any incomplete reclamation work. Section
12: Financial Security 12.1 The
Plan Holder shall provide financial security as part of an Approved Work Plan
and the Work Plan must specify the amount of the financial security to be
provided. The amount must be sufficient for the purposes set out in Section
12.2. 12.2 The
financial security shall be provided for the following purposes: (a) to rehabilitate the
environmental effects of an accident or other unplanned event; (b) to rehabilitate the
environmental effects of a failure to comply with the approved Work Plan or
these Standards; (c) to guarantee
completion of a Reclamation and Closure Plan; and (d) to reimburse the
Governments for the costs of a minimum of one mid-season compliance monitoring
visit and one post-closure Site inspection, including the costs of hiring independent
consultants to carry out such monitoring. 12.3 Approval
of the Work Plan is contingent on Governments' approval of the amount of financial
security proposed by the Applicant and Governments reserve the right to
determine the amount of the financial security that will be required. 12.4 The
financial security shall be in a form acceptable to the Governments and may be
in the form of cash or certified cheque. 12.5 No
interest on the financial security will be earned by or be payable to the Plan
Holder. 12.6 Where
a Government has reasonable grounds to believe that: (a) an accident or other
unplanned event has occurred and may cause or is causing an Environmental
effect; (b) a failure to comply
with the Approved Work Plan or these Standards may cause or is causing an Environmental
effect; or (c) the Reclamation and
Closure Plan or a measure required by the Reclamation and Closure Plan is not
being carried out as required, the Government may order the Plan Holder to undertake the actions and
perform the work necessary to remedy the non-compliance, accident or default. 12.7 Where
a Government issues an order under Section 12.6, the Plan Holder has: (a) in the case of an
order under section 12.6 a), 24 hours to comply with the order; (b) in the case of an
order under section 12.6 b), 72 hours to comply with the order; and (c) in the case of an
order under section 12.6 c), 15 days to comply with the order, 12.8 If
a Government has reasonable grounds to believe that an order under Section 12.6
has not been or is not being complied with in the time provided for in Section
12.7, it may issue a stop work order and may realize upon the financial
security for a purpose or purposes set out in Section 12.2. 12.9 Where
a Government realizes upon the financial security and the amount of the
security exceeds the amount required, it must refund the amount of the excess
to the person that provided the security within 30 days of completion of all
reclamation. 12.10 The
Governments must refund the financial security within 30 days of satisfactory
completion of the Reclamation and Closure Plan. Nothing in this section
obligates the Governments to refund any part of the financial security until
final termination of the Exploration Program and closure of the Site in respect
of which the security is held. 12.11 Any
dispute under or in relation to Section 12.8 or 12.9 shall be settled by
binding arbitration. 12.12 Subject
to these Standards the financial security will be administered by the Government
of Newfoundland and Section
13: Airborne Survey Work 13.1 There
must be no disturbance, harassment or harm of any wildlife during airborne
survey work. 13.2 Except
as provided in section 13.4 airborne geophysical surveys may only be carried
out during the period from October 15 to May 15 of the following year. 13.3 Under
no circumstance are nesting raptors to be approached. Aircraft must maintain a
minimum horizontal and vertical distance of 300m from nesting raptors during
the period of May 15 to July 31. 13.4 Airborne
radiometric surveys for purposes of exploration for uranium may be carried out
during the period from July 1 to October 15 subject to such terms and
conditions as Governments may establish. Section
14: Exploration Camps 14.1 Camps
must be planned in such a way that ground and vegetation disturbance is
minimized. If a disturbed area from an old campsite exists, that area should be
used for the camp unless it can be clearly demonstrated why this is not
reasonable. If there is a nearby existing access route or trail, the camp
should be located close to that route or trail. 14.2 The
following buffers from the high water mark of any body of water must be
maintained when establishing camps: Salmon or Char bearing river, stream, brook
or creek: 75m Other Fish-Bearing body of water: 50m Non-fish bearing body of water: 50m 14.3 A
camp may be established within the buffers indicated in 14.2 if there is an
area disturbed by a previously existing camp within the buffer and it can be
demonstrated that using this site will result in minimal impact on the body of
water. 14.4 Camps
must have the necessary sanitation facilities as per the guidelines of the 14.5 Food
must be stored in airtight and wildlife-proof containers. 14.6 A
pit privy must be located at least 25 metres from the camp in a direction away
from bodies of water and must be backfilled upon abandonment of the camp. 14.7 Dishwater
and wash water and all other grey water must be disposed of in a pit large
enough to contain the volume of water to be discarded, located at least 100
metres away from all bodies of water. The pit must be backfilled upon
abandonment of the camp. 14.8 Plan
Holders are encouraged to use biodegradable detergents, cleaning agents and
drilling additives whenever possible. 14.9 Upon
closure of the camp, all equipment and building materials must be removed from
the Site and all waste must be transported to an established waste disposal
area. Upon seasonal closure, solid waste must be removed to an established
waste disposal area and all sanitation facilities temporarily sealed. 14.10 All
trees used as tent frames or foundations must be neatly stacked in a pile or
piles for salvage or reuse at a future date. Section
15: Water Use and Water Quality Protection 15.1 Removal
of water from any body of water for the purposes of an Exploration Program must
be done in a way that protects the integrity of the body of water. The
Applicant must provide details of the water requirements of the Exploration
Program in the Work Plan and illustrate how the capacity of the water sources
to be used will meet the requirements. 15.2 Pesticides
must not be used in the Exploration Program except for the purpose of
protecting occupational health. 15.3 Water
pumped from work areas (drill sites, road/bridge construction, trenching) or
other runoff must have sediment removed through the use of settling ponds or
filtration before discharging to a body of water. 15.4 Upon
request of the Nunatsiavut Government, the Plan Holder must undertake sampling
and analysis of discharge waters. 15.5 The
Plan Holder must prevent silting and erosion by controlling water such as
through the use of: - appropriate grading
of slopes (to be defined) - ditches - berms - sumps - sediment barriers
such as rip-rap, brush barriers, straw or peat bales, sandbags and geo-textile
filter cloth. Section
16: Water Crossings Until
the Nunatsiavut Government establishes regulations to govern water crossings in
Labrador Inuit Lands, no water crossings will be permitted. Section
17: Vehicle Use 17.1 Established
Trails and Roads Only established trails and roads may be used. 17.2 Vessel Use 17.2.1 If a boat launch, dock, float or other type of
mooring is proposed as part of the Exploration Program, the Applicant must
specify the following in the Work Plan: - Specific location of launch, dock, float or
mooring - detailed design
drawing of the structure in plan and profile view, including the anchoring
system - extent of any
shoreline alterations required - description of the
construction materials to be used, and methods and timing of construction - number of boats to be
moored and length of time to be used - A description of the type of aquatic
vegetation, shellfish, fish and mammals which may be affected by the structure. - A general description of the substrate
materials within the area of the proposed structure - detailed description
of mitigation measures used to protect banks and fish habitat - colour photographs of the work site at low and
high tide 17.2.2 If Vessels will be used to support the
Exploration Program, the Environmental Protection Plan must describe: - how the refueling of vessels and fuel transfers from and to vessels
will occur so as to prevent leaks and spills, - in detail the
procedure for leak and spill response and clean-up - how environmental impact and contamination of
the body of water will be reduced in the case where vessels will be used but no
boat launch, dock, float or mooring will be constructed. 17.2.3 Boat launches, docks, floats or other types of
mooring must be located such that the least amount of impact will be caused to
fish habitat. For example, in areas with hard surfaces (rocks
and cobbles) as opposed to soft surfaces (mud) with aquatic vegetation. 17.2.4 Boat launches, docks, floats or other types of
mooring must be located such that the least amount of impact will be caused to
the shoreline and riparian zone. 17.2.5 The minimum clearance below a float at low tide
must be 1.5m to avoid disturbance to the seabed caused by wash from propellers. 17.2.6 Treated
wood must not be used in the construction of a launch, dock, float or any other
type of mooring. 17.2.7 Subject to section 17.2.10, natural materials
found at the Site may be used in the construction of crib work or a launch,
dock, float or mooring. 17.2.8 If cement or concrete will be used in the
construction of a launch, float, dock or mooring, pre-cast structures must be
used, and if cement is poured at the site, wet cement must be isolated from the
surrounding water. 17.2.9 There must be no dredging, filling, blasting or
use of heavy equipment below the high water mark. 17.2.10 Existing rocks
and logs in the marine environment must not be used as building materials. 17.2.11 Docks and
floats must be built so as to reduce the amount of shade created by these
structures, through the use of the following practices, as applicable; - building docks at least 2m above the high
water mark. (This standard does not apply to floats.) - keeping ramps and docks to a width of 1-1.5m - using grates or space boards on ramps, floats
and docks to let light reach plants and animals below - where feasible,
aligning ramps, floats and docks to lie north to south to allow better light
penetration under the structure - limiting floats to 3m in width and 8m in
length 17.2.12 Boat launches
must only be used during high tide. This standard does not apply to boat
launching ramps that are designed for use by small craft such as canoes and
zodiacs. 17.2.13 Floats, ramps
and floating docks should be removed to above the high water mark during any
closure in the winter. Section
18: Fuel Storage, Handling and Transport 18.1 Fuel
Storage 18.1.1 Fuel
must be stored at least 100m from: - The high water mark of bodies of water and
existing intermittent wet areas present at the time of storage. - Power lines. - Public roads. - The recharge area of a water
well currently used or likely to be used for potable purposes or other human
consumption. 18.1.2 If fuel is transported by barge or float plane,
or is intended to supply boats or float planes it must be stored above the high
water mark and must be fully contained as per Section 18.1.8. 18.1.3 Fuel to be stored for a term longer than one
Exploration Program must be placed above the high water mark and fully
contained as per sections 18.1.4 to 18.1.14. 18.1.4 The fuel storage site should have: - Low activity and a buffer zone from existing
or proposed activity. - A slope of not more than 5%. - No combustible material within a 15m radius
that could present a fire hazard, such as vegetation or garbage. 18.1.5 Fuel storage tanks must be: - Double walled - Vented - Protected from corrosion with paint and
sealant. - Marked with lettering of sufficient size to
show contents and capacity clearly from a distance of 5 metres. - Clearly marked or physically protected to
prevent inadvertent damage by moving vehicles. 18.1.6 Smoking is not permitted within 10m of fuel storage
areas. 18.1.7 All fuel storage areas must be contained. 18.1.8 The containment area around a fuel storage site
must: - Be
on ground of not more than 1% slope. - Have walls that are located the greater of 3
metres or half the tank height from the outer wall of the nearest tank. - Have dykes, berms,
or walls with interior heights of at least 15cm and with capacity to hold 110%
of the maximum amount of fuel or oil that could be stored within one container
in the containment area. - Have a containment wall that is at least 60cm
thick at its top with a wall slope of 2 horizontal to 1 vertical. - Have an impermeable base made of one of: - 30mil plus High Density
Polyethylene (HDPE) liner. - Solid masonry. - Other solid material which is impermeable. - Have a simple method for removing water from inside
the containment area. - Be inspected daily for leaks and spills for
the duration of the Exploration Program. - Be inspected daily for gathering of water for
the duration of the Exploration Program. 18.1.9 Leaks discovered in the containment area around
a fuel storage site must be repaired immediately. 18.1.10 Fuel storage
containment areas must be kept clear of water. Water must not be removed from
the containment area unless it is free from oily sheen, or is being treated for
hydrocarbon removal. 18.1.11 Spill kits,
fire extinguishers, and first aid kits must be available at all fuel storage
areas. 18.1.12 Smaller
amounts of fuel or oil (a container smaller than a 200 litre barrel) to be
stored should be placed on a drip tray or on oil absorbent material sufficient
to immediately capture spills and leakage. 18.1.13 Waste oil,
lubricants and other used oil must be reused, recycled or disposed of at an
approved, licensed waste management facility. 18.1.14 All empty fuel
containers that are not intended for reuse are to be removed from the Site as
soon as possible. Empty containers intended for reuse must be sealed and
properly stored in a sealed and upright condition, in accordance with these
Standards. Upon closure, all fuel containers are to be removed. 18.2 Refueling Operations 18.2.1 The Plan Holder must undertake fuelling and
lubrication of equipment in a manner so as to prevent the possibility of water
or soil contamination. 18.2.2 Fueling or servicing
of mobile equipment is not permitted within 100m from a body of water or Sensitive
Area. This does not apply to the fueling or servicing
of boats. 18.2.3 Leak-free containers and reinforced rip and puncture
proof hoses and nozzles must be used for refueling
operations. 18.2.4 The operator must be in close attendance and
within visual range for the entire duration of the refueling
operation. 18.2.5 All
fuel storage containers must remain sealed except for the outlet in use for the
refueling operation. 18.2.6 A fuel spill contingency plan must be in place
on Site and all members of the work crew must be familiar with this plan prior
to the commencement of work. 18.3 Transporting Fuel and
Petroleum Products 18.3.1 When
moving small amounts of fuel or oil only 18.3.2 Leaking tanks or containers must not be used to
transport or store fuel or oil. 18.3.3 Fuel tanks must be secured during transport to
prevent their being jarred loose, slipping or rotating. 18.3.4 Fuel tanks and cans must be placed on vehicles
so as to minimize the chance that an impact would cause them to rupture (for
example, gas cans should not be mounted on the rear of a vehicle). 18.3.5 Tanks and cans with fuel must be placed in
locations on the vehicle where there is minimum exposure to heat. 18.4
Laydown areas 18.4.1 Laydown areas for
equipment storage must be located at a site that is flat and at least 100m from
any body of water, marshes or boggy areas. Where present,
existing disturbed areas that meet these criteria must be used. 18.4.2 Equipment and materials brought in by boat or
float plane may be stored within 100m from a body of water. 18.4.3 Equipment at the laydown
area must be inspected on a regular basis for fuel and oil leaks. 18.4.4 Laydown areas must be
fully reclaimed as per the requirements in section 11. Section
19: Waste Management 19.1 For
small Exploration Programs with no camps, all solid waste including food waste
must be stored in an appropriate manner and transported off Site as soon as
reasonable. 19.2 For
Exploration Programs of a larger scope, including those with camps, some on-site
disposal of waste may be permitted; for example the incineration
of food waste. The Plan Holder must develop a waste management plan for
the Exploration Program for approval as part of the EPP. Section
20: Emergency Response Emergency
response procedures, including fuel spill response procedures should be in
place and all individuals working on the Exploration Site must undergo
orientation to the emergency procedures prior to commencement of the
Exploration Program. Emergency Response procedures should be described in the
Environmental Protection Plan for the Exploration Program. 20.1 20.1.1 Camps
must be properly equipped to fight fires. Fire fighting
equipment in camps must meet Provincial regulations and all workers must be
made aware of the location of extinguishers and fire fighting equipment. 20.1.2 Other than in an emergency situation, there
must be no use of open fires at Exploration camps and work sites. 20.2 Spill Response 20.2.1 In the event of a leak or spill of fuel or
hazardous material the individual who discovers the leak or spill must take all
steps necessary to immediately stop the leak or spill and contain the release
of contaminant into the surrounding area, most particularly any body of water. The
only exception to the requirement for immediate response is where the
individual would be placed in an unsafe situation. 20.2.2 Any leak or spill in water or on land must be reported
to the Nunatsiavut Government Department of Lands and Resources within 24
hours, fax # (709) 896-2610. The following information is required for the
spill report: - name of reporter and
phone number - means and details to
contact reporter for additional information - date and time of
spill/leak - date and time of
detection of spill/leak - type of product
spilled/leaked - amount of product
spilled/leaked - location of spill/leak - source of spill/leak - type of accident
(collision, rupture, overflow) - owner of product and
phone number - if the spill/leak is
still occurring - if the spill/leak
product is contained, and if not, where it is flowing - wind velocity and direction - temperature - proximity and nature
of bodies of water or water intakes and other facilities - tidal action where
applicable - snow/ice cover and
depth, terrain and soil conditions 20.2.3 All spills in the marine or freshwater
environments and spills of 70 litres or more on land must be reported
immediately to the Canadian Coast Guard at (709) 772-2083 or 1-800-563-9089. 20.2.4 All spills or leaks should be cleaned up
regardless of size as part of regular maintenance. 20.2.5 If a spill or leak of fuel or hazardous
material occurs: - Stop source. - Eliminate ignition sources 20.2.6 If a spill or leak of fuel or hazardous
material occurs on land: - Do not flush leak nor
attempt to dilute. - Block leak from entry into waterways and bodies
of water and contain with earth or other barrier(s). - Remove small spills with absorbent pads or
other absorbent material. - Contain contaminated material until it can be
appropriately treated or removed from Site to a licensed facility. 20.2.7 If a spill or leak of fuel or hazardous
material occurs on snow and/or ice: - Block entry into waterways and bodies of water
and contain with snow or other barrier. - Remove minor spills with absorbent pads or
snow. - Use ice augers and pump when feasible to
recover diesel under ice. - Slots in ice can be cut over slow-moving water
to contain oil. - Contain contaminated snow and/or ice for later
treatment or shipment off Site to a licensed facility. 20.2.8 If a spill or leak of fuel or hazardous material occurs on a body of water: - Contain spill as close to release point as
possible. - Use spill containment boom or equivalent
materials to concentrate slicks for recovery. - On small spills, use absorbent pads to pick up
contained oil. - On larger spills, obtain and use skimmer on contained
slicks. - Contain contaminated material until it can be
appropriately treated or removed from Site to a licensed facility. 20.2.9 If a spill or leak of fuel or hazardous material occurs in or near a body of water: - Prevent entry into water, if possible, by
building a berm (soil or snow) or trench. - Intercept moving slicks using (absorbent)
booms. 20.2.10 The Plan Holder must
make spill kits available at Exploration Sites where fuels or other potentially
hazardous materials are being used or stored. The following spill kits, as a
minimum must be made available: Standard
Spill Kit for locations with greater than 1000 litres stored - A 45 gallon (205 L) 16 gauge drum. - Two closing rings - one for ease of entry into
the drum and the other to ensure absolute containment of products for transport
and temporary storage. - One pair of neoprene oil and chemical
resistant gloves. - One protective disposable suit. - One pair of protective goggles. - 12 m of 12 cm containment
boom. - 25 absorbent pads - approximately 46 x 46 cm x
8 mm thick. - 23 m of absorbent blanket -
approximately 70 cm x 8 mm thick. - 2 polyethylene bags approximately 71 x 46 x
I65 cm - 3 mm thick. - Shovel. Spill
Kit for locations with less than 1,000 litres stored - One pair of neoprene oil and chemical
resistant gloves. - One pair of protective goggles. - 10 absorbent pads - approximately 46 x 46 cm x
8 mm thick. - 1 polyethylene bag approximately 71 x 46 x I65
cm - 3 mm thick. - Shovel. Spill
Kit for locations proximal to Water - 1 Rope (min. 15 m length).
- 1 Container of Gap Seal Drum Sealant. - 6 Absorbent "socks" (1 m length). - 2 Mini Booms. - 1 Drum Roll Kit. - 1 Bag of Peat Moss. - 5 Hazardous Waste Bags. - 3 pairs Chemical Resistant Safety Gloves. - 3 175l Drum Response Kits with lids 20.2.11 Contaminated
soil or absorbent pads resulting from a fuel spill must be removed to an off-site
disposal facility. Section
21: Line cutting and survey work 21.1 Cut
lines, including the removal of limbs and branches, or walking tracks must be
limited to what is necessary for line of sight and unobstructed passage, to a
maximum width of 1.5m except within 10 metres of a body of water in which case
the cut line, including the removal of limbs and branches, must be strictly
limited to what is essential for line of sight. 21.2 Cut
lines must be established using hand tools such as machete, fern hook, axe and
chainsaw only. 21.3 Biodegradable
tape must be used. Only small lengths of tape must be used. 21.4 Grids
in Sensitive Areas must be only pegged and flagged with biodegradable tape. 21.5 Non-biodegradable
markers such as pegs and tape must be removed upon completion of the Exploration
Program. Section
22: Clearing of Vegetation 22.1 When
clearing vegetation for campsites, fuel storage areas, lay-down areas and in
preparing a trench or a drill site: - Trees shall be cut as close to the ground as
possible to minimize ground disturbance caused by the uprooting of trees or
tree stumps by movement of the equipment along the trail. Stumps must not
exceed 15cm in height. - Portions of the tree trunk larger than 9 cm in
diameter shall be limbed and stacked neatly at intervals along the trail for salvage
or for use to corduroy sections of the trail where ground conditions warrant; - Trees and tops with trunk diameter less than 9
cm shall be piled to the side of the trail neatly or lopped and scattered if
conducive to reducing ground disturbance. - All merchantable or forest product timber is
and remains the property of the Inuit and shall be salvaged by the Plan Holder.
It must be cut into standard harvesting lengths (2.4m to 3.6m), trimmed and
stored neatly so that it may be easily located and accessed during the winter
by Inuit. - Trees and slash which are cleared shall not be
felled or discarded into a body of water. 22.2 Where
a site is to be trenched, sufficient area shall be cleared to allow excavated material
to be piled and placed back into the trench without uprooting trees or having
the excavated material mixed with the trees cleared from the trench site. 22.3 Land
must not be cleared of vegetation more than 6 months in advance of when it is
required. 22.4 Where
possible, operators must drive over flattened vegetation in order to preserve
rootstock and prevent soil erosion. 22.5 The
organic mat must be preserved wherever possible to reduce the potential for erosion
in the short and long term. 22.6 The
following buffer zones must be maintained from the high water mark of bodies of
water when clearing vegetation: Salmon or Char bearing river, stream, brook
or creek: 75m Other Fish-Bearing body of water: 50m Non-fish bearing body of water: 50m unless where needed for water crossings,
in which case clearing is to be minimized and conducted only by hand. 22.7 Where
possible trees must be felled inward toward the work area to avoid damaging any
standing trees adjacent to the immediate work area. 22.8 No
clearing activity may occur within 800m of a known bald eagle, osprey or other
raptor nest during the nesting season (May 15 to July 31) and 200m outside the
nesting season. If a nest is encountered during clearing activities during the
nesting season clearing must immediately stop. Section
23: Clearing of Work Areas (stripping and stockpiling) 23.1 In
preparation of work areas where removal of overburden and topsoil is necessary,
the stripping must be done in two stages: Stage
1: removal of top soil Stage
2: removal of overburden 23.2 Topsoil
must be stockpiled separately from the overburden for reclamation purposes in
shallow piles (3 m height) with as limited compaction as possible to maximize
re-use potential 23.3 Stockpiles
must be easily accessible, on well-drained ground, away from bodies of water
(100m) and standing timber. A working area of 5m around stockpiles must be
maintained. If topsoil is to be stockpiled for extended time periods, they must
be vegetated to minimize nutrient loss and erosion using a local native plant species. Section
24: Blasting 24.1 Blasting
must be undertaken only by an individual who holds a valid blasters safety
certificate issued by the Department of Education. 24.2 Handling,
transportation, storage and use of explosives must be conducted in compliance
with all applicable Federal and Provincial laws and regulations. 24.3 Explosives
must be used in a manner that minimizes damage of landscape, trees, wetlands,
bodies of water and other Sensitive Areas by controlling the scatter of blasted
material beyond the location of the blast. 24.4 The
scatter of blasted material must be controlled through the use of blasting
mats. 24.5 Shock
and noise levels must be minimized through the use of blasting patterns and
procedures such as time delay detonators. 24.6 Blasting
must not occur in the vicinity of fuel or chemical storage areas. 24.7 The
area surrounding a blast must be surveyed within one hour prior to a blast and
operations must be postponed if polar bear, black bear, caribou, Harlequin duck
and/or any rare, endangered or threatened species are observed within 500m of
the blasting site. Wildlife observations in the vicinity of the blast must be
documented prior to, during and after the blast. 24.8 All
debris such as explosives boxes and used blasting wire must be collected for
proper disposal following blasting activity. 24.9 All
trenches and pits excavated by blasting methods must be backfilled with
blasting material so as to make them safe and similar to the surrounding
topography. 24.10 Blasting
close to bodies of water: NOTE: These Standards have yet to be developed but
will reflect, with variation, the "Guidelines
for the Use of Explosives in or near Canadian Fisheries Waters" (Wright
and Hopky, 1998) and DFO Fact sheet – "Blasting
and Fish Habitat Protection". Section
25: Trenching 25.1 Where
possible trenching must be done by hand in order to minimize disturbance in the
area surrounding the trench. 25.2 Topsoil,
overburden and excavated bedrock must be removed and stockpiled separately for use
in reclamation of the trenches. 25.3 When
dewatering trenches, the release of sediment laden water into the environment
must be controlled through the use of filtration, erosion control devices,
settling ponds, straw bales, geotextiles or other
devices. 25.4 All
trenches must be backfilled, compacted and stabilized as soon as possible and
in any event following the completion of the Exploration Program. 25.5 If
the Exploration Program requires that trenches remain open for a period of
time, the piles of excavated material must be contoured and stabilized. Trenches
must be fenced off and clearly marked so as to prevent people or animals from
falling into them. 25.6 The
following buffers of undisturbed vegetation must be maintained between trenches
and the high water mark of these bodies of water: Salmon or Char Bearing river,
stream, brook or creek: 75m Other Fish-Bearing body of water: 50m Non-fish bearing body of water: 50m Section
26: Drilling 26.1 General 26.1.1 All fuel and hazardous materials present at a
drill site must be handled with care so as to minimize the possibility of
spills. The area cleared for storage should be the minimum size required and
must be placed and contained to prevent release into bodies of water. All drill
sites are to be identified with UTM NAD 27 coordinates. An inventory is to be
maintained of the fuel and hazardous materials used and removed from each drill
site. The EPP is to specify the procedures to be followed and the methods to be
used for avoiding spills of fuels and hazardous materials at drill sites. The
EPP is to specify the reporting, containment and clean up procedures that must
be followed in the event of a spill of fuel or hazardous material at a drill
site. 26.1.2 At the termination of Exploration, all fuels
and hazardous materials are to be removed from the area, and all waste shall be
collected, transported and disposed of at a site approved by the Governments. 26.1.3 Upon completion all drill holes producing
artesian water shall be plugged with a high-swelling
clay such as bentonite. Plan Holders must report all
artesian drill holes to the Nunatsiavut Government within 30 days of discovery,
reporting detail on how the hole was sealed. 26.1.4 Drill core should be stored at one central
location, at least 100m from a body of water and must be protected to the
extent necessary to preserve the core's technical value. Drill core moved to a
base camp by boat or float plane may be stored within the 100m buffer but above
the high water mark from all bodies of water. 26.1.5 Unless otherwise approved, exposed drill
casings must be removed or cut off at or below ground surface upon abandonment
of the drill site. 26.2 Drilling on land 26.2.1 Drill sites and water lines should be located,
as much as possible, in areas where access to them and their operation will
create the least amount of disturbance. The smallest area necessary for safe
working practices must be cleared. The length and number of access trails
should be kept to a minimum. 26.2.2 Drill waste shall be prevented from entering
bodies of water and shall not be left to run off from the drill site. Drill cuttings
and water must be controlled by a series of settling tanks, settling ponds or a
sump located down slope from the drill. 26.2.1 Maintenance of drill equipment shall take place
at least 100m from the nearest body of water. 26.2.2 Drilling shall not take place within the
following distances from the high water mark of: Salmon or Char Bearing river,
stream, brook or creek: 75m Other fish bearing body of water: 50m Non fish-bearing body of water: 50m 26.2.5 A Plan Holder may be granted permission to
carry out drilling within a buffer around a body of water set out in these Standards
if the Plan Holder satisfies the Governments that: (a) drilling within the
buffer is necessary in order to: (i) delimit or measure an
ore body; or (ii) complete feasibility
studies related to project engineering, project economics or the decision on
whether to proceed with production of the ore body. (b) drilling cannot be
completed for the purposes set out in (a) without drilling within a buffer
around a body of water set out in these Standards, (c) the drilling will be
conducted without emissions within the buffer, (d) the applicant has a
record of drilling without accident and without breach of law or applicable
terms and conditions, and (e) all foreseeable
environmental risks related to the drilling have been identified and are
acceptable. 26.2.6 All materials (slash,
soil and overburden) removed for clearing of the drill site must be stockpiled
for use in reclamation of the site. The stockpiling should be done so as to
prevent erosion by wind, water or run-off and the rehabilitation/reclamation of
the drill site should take place as soon as possible after termination of the
drilling. 26.3 Drilling on Ice 26.3.1 A Permit from the Water Resources Division of
the Department of Environment and Conservation is required before drilling can
take place on any body of water. 26.3.2 Ice must be of sufficient thickness to support
a drill and associated equipment both during transport and drill set-up. 26.3.3 Drilling shall occur in water depth greater than 2m, including the
ice thickness, unless otherwise approved. Additional mitigation measures, such
as the even distribution of weight, must be applied if approved. 26.3.4 If timber is required to support the drill, it
must be local and untreated. All timber is to be removed from the area on completion
of drilling. 26.3.5 Any ice screws or anchors frozen into the ice
must be removed upon completion of drilling. 26.3.6 Drill additives may be used only if required and in minimal amounts,
and must be biodegradable. 26.3.7 All pump units, mixing tanks or filter system
tanks used on the ice must have secondary containment. 26.3.8 There must be no discharge of drill water, mud
or cuttings to water or ice. All drilling operations must use a "closed
loop" recycling system. 26.3.9 Drill water, mud or cuttings must be collected
through a filter system and disposed of in a land-based sump at a minimum 100m
distance from the high water mark of any body of water. 26.3.10 The drill area
must be kept clean and free of debris and garbage at all times. All material is
to be removed from the ice upon completion of drilling. 26.3.11 Upon
completion of drilling, clean water must be circulated through the drill hole
to remove any remaining drill fluids and cuttings. 26.3.12 All rods and
casings must be removed from drill holes prior to abandonment. 26.3.13 All drill
holes under bodies of water or muskeg must be sealed by grouting the upper 30m
of bedrock or the entire depth of the hole, whichever is less. 26.3.14 Fuel must be
stored on shore at a minimum distance of 100m from the high water mark of any
body of water. Sufficient fuel for one refueling
shall be brought on the ice at one time, and stored in a secondary containment
system such as a tray or liner. A drip tray or other containment must be used
during refueling operations. 26.3.15 Except in an
emergency all maintenance and repairs to a drill being used on ice must be done
on land at a minimum distance of 100m from the high water mark of any body of
water. 26.3.16 A spill
response kit must be kept at the drill site at all times. 26.3.17 All pickets
are to be removed from ice and water bodies prior to breakup. 26.4 Drilling in the marine
environment 26.4.1 A Letter of Advice from the Department of
Fisheries and Oceans and a Navigable Waters Permit is required before drilling
can take place on any body of water. 26.4.2 All other conditions which apply to Section
25.3, where applicable, shall apply to drilling in the marine environment. Section
27: Equipment Maintenance 27.1 When
maintenance of equipment is required, it must be performed: - In well ventilated areas, - With a drop cloth or drip tray underneath the
work area, - At a safe distance from ignition sources, and - At least 100m from any body of water. Section
28: Air Quality Protection 28.1 A
Plan Holder must take measures to prevent dust from becoming a problem at an
Exploration Site. If dust control becomes a problem at the exploration site,
the Plan Holder must: - Keep roads, helicopter pads and landing strips
sprayed with water or a dust suppressant, such as calcium chloride, wherever
practical. - Reduce vehicle speed on dusty roads and
trails. Section
29: Noise Suppression 29.1 All
equipment used in the Exploration Program shall have muffled exhaust to
minimize generated noise. Section
30: Roads and Trails Until
the Nunatsiavut Government establishes regulations to govern the establishment
of roads and trails in Labrador Inuit Lands, establishment of roads and trails
are not permitted. Section
31: Uranium Exploration In
the case of uranium Exploration, the following standards apply in addition to all
other sections of these Standards: 31.1 A
Health and Safety Plan must be submitted with the Work Plan, including details
of a radiation protection program for employees and a protocol for the
transport and handling of radioactive samples. 31.2 Following
the backfill of trenches, gamma levels must not exceed 1.0µSv at 1m above
ground surface. 31.3 When
drilling, drill mud and cuttings with a uranium concentration greater than 0.05
per cent must be collected and disposed of down the drill hole. The drill hole
must then be sealed. 31.4 If
the drill cuttings are of a uranium concentration lower than the background
radiation of the drill site, drill cuttings may be disposed of on the surface. 31.5 Drill
holes that encounter mineralization with a uranium concentration greater than
1.0% over a length greater than 1 meter, and with a meter-percent concentration
greater than 5.0% must be sealed by grouting over the entire length of the
mineralized zone and not less than 10 meters above and below each mineralized
zone. 31.6 When
storing core at the Exploration Site, gamma levels at 1 meter above the surface
should be kept below 1.0µSv, and under no circumstances will they be allowed to
exceed 2.5µSv. APPENDIX
1 DATE: _______________ LOCATION: _____________________________________________ TIME: _______________ PERSON REPORTING:
____________________________________ ANIMAL: ________________________________________________ UNUSUAL
BEHAVIOUR: YES ______ NO
______ UNUSUAL MARKINGS (ie. Bear with ear tags) _________________ _________________________________________________________ DAMAGE OR THREAT
CAUSED: NO ____ YES ____ (explain) REPORTED TO:
___________________________________________ DETERRANT USED ON
ANIMAL: NO ACTION ___ DETERRANT
___ TRAPPED ____ OTHER ____ YES ______ NO
(explain below) ______ _________________________________________________________ _________________________________________________________ _________________________________________________________ OTHER DESCRIPTIVE INFORMATION ABOUT THE INCIDENT/ _________________________________________________________ _________________________________________________________ _________________________________________________________ SIGNATURE (person
involved) _____________ DATE: __________ REVIEWED BY
(supervisor) _______________ DATE: __________ ©Earl G. Tucker,
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