Permitting and Reclamation Practices Workshop at Minerals South – 5 November 2019

NoW Permitting: Advice and Tools to Address Key Challenges1. Indigenous Engagement – who,

when, and what to make it meaningful and effective

2. Mapping for Success –requirements, “nice-to-haves”, and recommendations for good mapping tools

3. Cultural Heritage Resources/Archaeology – what is required and how to prepare

4. Area-based vs. Site-specific Applications – how to choose?

5. Reclamation Program – how to adequately describe your plans

6. What Happens After you Press “Submit”?

0845 – 1130 hrs

• Research included interviews with MEMPR inspectors and industry (AME involvement)

• Key challenges identified: mapping, reclamation planning/bonding, Indigenous engagement, and review process/timelines

• Key recommendation/deliverable = NoW Companion –overarching, consolidating guidance document: How to Prepare How to Complete the NoW Application Form After Submittal: Review Process and Timelines

MEMPR’s NoW Guidance Improvement Project –Summary

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Foreword

Glossary of Key Terms

1 How to Prepare

1.1 Accessing Natural Resource Online Services (NROS)

1.2 Indigenous Early Engagement1.2.1 How to Determine Which Indigenous Groups to Engage

1.2.2 How to Engage

1.2.3 Keeping an Effective Record of Engagement

1.3 Archaeological Considerations

1.3.1 Information Required to Complete a NOW Application

1.3.2 How to Create and Implement a Chance Find Procedure

1.3.3 Additional Archaeological Assessment – When it is Required and How to Plan

MEMPR’s NoW Guidance Improvement Project – NoWCompanion Table of Contents

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1.4 Mapping Requirements and Tools

1.5 Costs and Budgeting – Reclamation Bond Calculator

1.6 Determining the Type of NOW Application 1.6.1 New Permit vs. Amendment

1.6.2 Multi-Year Area-Based vs. Site-Specific

1.7 Additional Preparation Tips1.7.1 Understand Land Use Constraints in Your Proposed Work Area

1.7.2 Introduce Yourself/Company and Project to the Local MEMPR Office

1.8 Potential Additional Requirements Prior to Commencing Work1.8.1 Erosion and Sediment Control Plan

1.8.2 Wildlife Management Planning

1.8.3 Engineering Plans

1.8.4 Land Owner Notification for Access on Private Land

MEMPR’s NoW Guidance Improvement Project – NoWCompanion Table of Contents (Cont’d)

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2 How to Complete the NOW Application

2.1 General Instructions

2.2 Key Guidance by Section2.2.1 Information Acknowledgement

2.2.2 Project

2.2.3 NRS Project Location

2.2.4 Mines Notice of Work

2.2.5 Access

2.2.6 Cultural Heritage Resources

2.2.7 First Nations (Indigenous) Engagement

2.2.8 Access Roads, Trails, Heli Pads, Air Strips, and Boat Ramps

2.2.9 Blasting

2.2.10 Camps, Buildings, Staging Areas, and Fuel Lubricants Storage

2.2.11 Cut Lines and Induced Polarization Surveys

MEMPR’s NoW Guidance Improvement Project – NoWCompanion Table of Contents (Cont’d)

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2.2.12 Exploration Surface Drilling

2.2.13 Mechanical Trenching/Test Pits

2.2.14 Settling Ponds

2.2.15 Surface Bulk Sample

2.2.16 Underground Exploration Including Underground Bulk Sampling

2.2.17 Timber Cutting

2.2.18 Occupant License to Cut

2.2.19 Occupant License to Cut Location

2.2.20 Equipment

2.2.21 Summary of Reclamation

2.2.22 Notice of Work Contacts

2.2.23 Notice of Work Location (Mapping)

2.2.24 Short-Term Use of Water

2.2.25 Water Use Technical Information

MEMPR’s NoW Guidance Improvement Project – NoWCompanion Table of Contents (Cont’d)

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2.2.26 Applicant Information

2.2.27 Document Upload

2.2.28 Review Application

2.2.29 Review Fees

2.2.30 Submit

2.2.31 Pay Fees

2.2.32 Status

2.2.33 Submission History

3 What to Expect – Review Process and Timelines

3.1 The Process3.1.1 Submittal of NOW Application via NROS System (Applicant)

3.1.2 Intake/Completeness Screening (FCBC)

3.1.3 Technical Review and Referrals/Consultation (MEMPR, Agencies,

Indigenous Groups, etc.)

MEMPR’s NoW Guidance Improvement Project – NoWCompanion Table of Contents (Cont’d)

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3.1.4 Information Requests Sent to Applicant (MEMPR)

3.1.5 Responses to Information Requests (Applicant)

3.1.6 Final Review and Decision (MEMPR)

3.2 Determining an Application’s Status

Topics to be covered:• Why early engagement is recommended and where to start• AME Early Engagement Decision Tree – a practical tool for

members• Using Explore by Location and the Consultative Areas

Database (current government tools) and their limitations• Additional tips and recommendations

Indigenous Engagement – who, when, and what to make it meaningful and effective

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Why early engagement is recommended:• Build a relationship of trust and spirit of partnership• Many Indigenous communities are interested in mutually beneficial, respectful

business opportunities (potential investors/contractors/employees)• Open information-sharing as early as possible minimizes the risk of

misunderstanding and delays in permitting processes (work through the issues before the formal government consultation process)

• Permit decision-makers may delegate some aspects of consultation to the proponent – getting a head start can be advantageous to support the government consultation process and record

Indigenous Engagement – who, when, and what to make it meaningful and effective

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Where to start:

• Explore by Location and Consultative Areas Database: Generate a list of Indigenous groups with potential interests in your project area; contact your

local MEMPR office and ask for additional information from a First Nation consultation advisor to confirm relative recommended level of engagement.

https://portal.nrs.gov.bc.ca/web/client/explore and http://maps.gov.bc.ca/ess/hm/cadb/

• Start the engagement process with an introductory face-to-face meeting Bring the right people – those with good knowledge of the project/activities who can speak in

plain language, and those who can make feasible project changes if warranted by Indigenous knowledge and feedback during the information exchange.

Indigenous Engagement – who, when, and what to make it meaningful and effective

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Where to start (cont’d):• Track your engagement in a way that will assist government consultation processes:

https://www2.gov.bc.ca/assets/gov/environment/natural-resource-stewardship/consulting-with-first-nations/first-nations/proponent_tracking_first_nation_consultation_template.xlsx

Indigenous Engagement – who, when, and what to make it meaningful and effective

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Where to start (cont’d):

• Make sure to track any project changes made in response to concerns raised by Indigenous groups (e.g. moving a drill hole to avoid a sacred site) as they are possible accommodations important for the decision-maker to consider

• Consider sharing permit applications in advance of submitting them to the regulator; may help increase understanding of your application and intended exploration program, and may streamline the government consultation process.

Indigenous Engagement – who, when, and what to make it meaningful and effective

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Using Explore by Location and the Consultative Areas Database and their limitations:• Query your project area and generate a list of Indigenous groups who may have interests in the

area• Explore by Location may provide some additional information and context for some groups

Indigenous Engagement – who, when, and what to make it meaningful and effective

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Using Explore by Location and the Consultative Areas Database and their limitations (cont’d):

• These tools do not provide much insight into different potential levels of interest among different groups (e.g. if your project is in a core territory area for one group and at the far extremes of territory for another); the only way to get this information is through additional research and/or consulting your local MEMPR/MFLNRO office

• If the information provided by each tool is conflicting or you are uncertain as to the relative interests of each group, contact your local MEMPR/MFLNRO office for clarification

Indigenous Engagement – who, when, and what to make it meaningful and effective

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AME Early Engagement Decision Tree – a practical tool for members• Actionable advice on how to create an effective plan for engagement with

Indigenous groups, recognizing varying levels of capacity amongst both explorers and Indigenous groups

• Will assist you in creating an initial “template” engagement plan that can be used, and updated over the course of your engagement with each group to respect community-specific values

• Content developers included experienced members of the AME Indigenous Relations Committee (real-world experience)

Indigenous Engagement – who, when, and what to make it meaningful and effective

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AME Early Engagement Decision Tree – demonstration

Indigenous Engagement – who, when, and what to make it meaningful and effective

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Additional tips and recommendations:• Provincial guidance: https://www2.gov.bc.ca/assets/gov/environment/natural-resource-

stewardship/consulting-with-first-nations/first-nations/building_relationships_with_first_nations__english.pdf

• Information sources for additional research on Indigenous groups: https://www2.gov.bc.ca/gov/content/environment/natural-resource-

stewardship/consulting-with-first-nations/first-nations-negotiations/first-nations-a-z-listing http://fnp-ppn.aandc-aadnc.gc.ca/fnp/Main/Search/FNListGrid.aspx?lang=eng http://www.bcstats.gov.bc.ca/apps/ACDI.aspx https://bcafn.ca/community-profiles Internet searches for additional resources, such as:

o Websites owned and administered by the Indigenous group may include communication protocols, policies for engaging with proponents, contact information, etc.

Indigenous Engagement – who, when, and what to make it meaningful and effective

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Current NoW mapping requirements are listed here: https://portal.nrs.gov.bc.ca/web/client/-/notice-of-work

(All maps must be in colour, computer-generated, with a scale, north arrow and detailed legend)

Location Map - must show the location of the property in relation to the nearest community with access route clearly marked, at an appropriate scale

Tenure Map - must show boundaries of the tenure(s) and tenure numbers, at an appropriate scale (typically 1:20,000 or less)

Map of Proposed Work - must show topography, water courses, existing access, existing disturbance, contour lines, known cultural heritage resources. For site-specific applications all proposed exploration activities/locations must be shown; for area-based applications the work area must be shown as a polygon, with all proposed activities for year 1 shown, and shape files provided. May require more than one map.

Mapping for Success – Requirements, “Nice-to-Haves”, and Mapping Tools

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Requirements (cont’d):• Ensure that maps include all pertinent information, e.g.:

Required access routes (whether new or existing, labelled as such), from the nearest community/service centre to the exploration site(s); any new/upgraded on- and off-tenure access should be labelled as such

All infrastructure associated with your exploration program (e.g. core storage, laydown areas, camp and buildings, water source and pipes, etc.)

Current state of the land (e.g. previously disturbed, logged, pristine, etc

• For multi-year area-based applications, you must also attach a digital spatial map of the proposed permit area (e.g. shapefiles, .kml, .kmz, or Geomark files)

• If in doubt contact your local MEMPR or FrontCounter BC office

Mapping for Success – Requirements, “Nice-to-Haves”, and Mapping Tools

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Sample Location Map

Mapping for Success – Requirements, “Nice-to-Haves”, and Mapping Tools

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Sample Tenure Map

Mapping for Success – Requirements, “Nice-to-Haves”, and Mapping Tools

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Sample Map of Proposed Work

Mapping for Success – Requirements, “Nice-to-Haves”, and Mapping Tools

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Nice-to-Have: Digital Spatial Files

• Site-specific NoW applications do not require shapefiles or other digital spatial maps, but review participants such as Indigenous groups sometimes request them; if you have capacity to create them, submitting them with your application can help to expedite the review process by avoiding back-and-forth with the mines inspector

Mapping for Success – Requirements, “Nice-to-Haves”, and Mapping Tools

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Mapping Tools:• Comparison of some existing tools: https://portal.nrs.gov.bc.ca/web/client/-/mapping-

tools Explore by Location gives important contextual information about your project area (land use

constraints, Indigenous groups, etc.); may be some challenges with creating all required maps as it is still under development

iMapBC is a good tool and should be able to fulfill most or all mapping requirements: https://www2.gov.bc.ca/gov/content/data/geographic-data-services/web-based-mapping/imapbc

Companies with their own GIS capacity may wish to use that to create maps, for consistency with internal project mapping and planning documents

Contact your local MEMPR and FrontCounter BC (FCBC) offices with any unanswered questions about mapping tools and requirements

Mapping for Success – Requirements, “Nice-to-Haves”, and Mapping Tools

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You must answer whether you are aware of any protected archaeological sites within your proposed work area: Free access to provincial database information (allow sufficient time):

https://www.archdatarequest.nrs.gov.bc.ca/ If more detailed archaeological work is required: www.bcapa.ca (professional

consulting archaeologists)

A chance find procedure is required and should be submitted with your NoW application: Current guidance:

http://www.frontcounterbc.ca/pdf/ArchaeologicalChanceFindProcedure.pdf

Cultural Heritage Resources/Archaeology – Requirements and How to Prepare

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Area-Based vs. Site-Specific Applications – How to Choose?

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NoW Applications can cover a term of 1-5 years and be either site-specific or area-based:

• Site-specific applications cover exploration programs for which the location of activities over the term is known and can be mapped

• Multi-year area-based (MYAB) applications cover multiple years, when detailed locations of activities may not be known past year 1, but the proposed work area over the term is known and can be mapped; annual updates are required and advance notification of proposed locations of the permitted activities must be provided

• Consultation requirements and timelines may vary between the different types

Area-Based vs. Site-Specific Applications – How to Choose?

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• MYAB guidance: https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/permitting/multi-year-area-based-permitting

• Contact your local MEMPR office for more advice

Area-Based vs. Site-Specific Applications – How to Choose?

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Your reclamation plan description is key for the mines inspector to make a decision, and determine reclamation security bond amounts.• Ensure your application includes all relevant information, e.g. current state of the land,

all planned ground-disturbing activities, and all planned reclamation and timing.

Reclamation Program – How to Adequately Describe Your Plans

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• Use the reclamation bond calculator and associated guidance to estimate security bond amount:

https://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/mineral-exploration-mining/documents/reclamation-and-closure/regional-bond-calculator-supporting-files/regional_reclamation_bond_calculator_82_july_2018.xlsx

https://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/mineral-exploration-mining/documents/reclamation-and-closure/regional-bond-calculator-supporting-files/regional_mine_bond_calculator_guidance_report_april_2018.pdf

• Stay tuned for the afternoon session to cover additional information and advice…

Reclamation Program – How to Adequately Describe Your Plans

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The key steps in the NoW review process are:

Submittal of NoW Application (Applicant)

Intake/Completeness Screening (FCBC)

Detailed Review and Consultation (MEMPR + Agencies and Indigenous groups)

Receiving and Responding to Info Requests (Applicant)

Final Review and Decision (MEMPR)

What Happens After You Press “Submit”?

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Some considerations:• During the detailed/technical review and consultation stage (led by the mines

inspector), reviewers (who may include government agencies, Indigenous groups, and other interested parties as determined by the mines inspector) may raise information requests (IRs).

• IRs may be sent at any time to the applicant for response, generally via the mines inspector; it is recommended the contact person noted in the application be available to respond in a timely manner to keep the process moving forward.

• The online system will show the status of your application; if in doubt contact FCBC for more information.

What Happens After You Press “Submit”?

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• Accessing the NoW form: https://portal.nrs.gov.bc.ca/web/client/-/attention-notice-of-work-applican-1

• Provincial NoW guidance: https://portal.nrs.gov.bc.ca/web/client/-/notice-of-work• Explore by Location: https://portal.nrs.gov.bc.ca/web/client/explore• Comparison of mapping tools: https://portal.nrs.gov.bc.ca/web/client/-/mapping-tools• Provincial mapping tool: https://www2.gov.bc.ca/gov/content/data/geographic-data-

services/web-based-mapping/imapbc• Consultative Areas Database: http://maps.gov.bc.ca/ess/hm/cadb/• BC Guidance on Indigenous consultation:

https://www2.gov.bc.ca/assets/gov/environment/natural-resource-stewardship/consulting-with-first-nations/first-nations/building_relationships_with_first_nations__english.pdf

Some Useful Reference Information

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• Sample engagement tracking template: https://www2.gov.bc.ca/assets/gov/environment/natural-resource-stewardship/consulting-with-first-nations/first-nations/proponent_tracking_first_nation_consultation_template.xlsx

• Strategic Engagement Agreements (consultation timelines): https://www2.gov.bc.ca/gov/content/environment/natural-resource-stewardship/consulting-with-first-nations/first-nations-negotiations/strategic-engagement-agreements

• Reclamation bonding guidance: https://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/mineral-exploration-mining/documents/reclamation-and-closure/regional-bond-calculator-supporting-files/regional_mine_bond_calculator_guidance_report_april_2018.pdf

• Multi-year area-based permitting guidance: https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/permitting/multi-year-area-based-permitting

• Accessing existing archaeological information: https://www.archdatarequest.nrs.gov.bc.ca/

• Chance find procedure guidance: http://www.frontcounterbc.ca/pdf/ArchaeologicalChanceFindProcedure.pdf

•

Some Useful Reference Information

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Thank you!Suite 800 – 889 West Pender StreetVancouver, BC V6C 3B2

Tel: 604.689.5271Fax: 604.681.2363

www.amebc.ca

@ AME_BC

Association for Mineral Exploration

AME