ENVIRONMENTAL PROTECTION PLAN
Surface Coal Mine and Reclamation Project Point Aconi, Nova Scotia
Prepared For: Pioneer Coal Limited
Submitted To:
Nova Scotia Department of Environment and Labour
Prepared by: Conestaga-Rovers & Associates
MAY 2006
R>~l:. NO 850090A (1)
31 Gloster court Dartmouth, Nova Scotia Canada 13313 1X9 Telephone: 502.468.1248 Facsimile: 902.468.2207
TABLE OF CONTENTS
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1.0   INTRODUCTION ............................ ................................................................................1
2.0   iVlitigative Measures........................................................................................................2
2.1   Groundwater .................................................................................................................... 2
2.2   Surface Water ................................................................................................................... 3
2.3   Terrestrial Resources .....:................................................................................................. 4
2.4   Air Quality and Dust.......................................................................................................5 2.5   Noise .................................................................................................................................. 6 2.6 VisualImpact....................................................................................................................7 3.0   Monitoring ........................................................................................................................ 8 3.1 Baseline.........................,....................................................................................................8 3.2   Development and Operation........................................................................................10
3.3   Post Reclamation............................................................................................................12 4.0   Contingency plan...........................................................................................................14 4.1 Spills.................................................................................................................................14 4.2   Groundwater drawdocvn................................................................,.............................14
4.3   Surface Water Control System Failure.............................,..........................................16
4.4   Acid Rock Drainage....................................................................................................... lb
4.5   Contaminated Material.................................................................................................17
4.6   Fire ...................................................................................................................................17
4.7   Response when facility not staffed..............................................................................17
4.8   Species at Risk ..................................................................................................._............17
LIST OF FIGURES
Figure 1-1   Site Location
Figure 1-2   Existing Site Features
Figure 3-1   Environmental Monitoring Locations
Figure 4-1   Water Supply Policy Boundaries
LIST OF APPENDICES
Appendix A   Baseline Environmental Monitoring Data
Appendix B   Contingency Plans
Appendix C   Emergency Preparedness Policy
Appendix D   Emergency Contact List
Appendix E   Safe Work Practices
1.0 INTRODUCTION
This document forms the Surface Coal Mine and Reclamation Project - Prince Mine Site Environmental Protection Plan (EPP). The environmental assessment process has demonstrated that all significant negative effects of the undertaking can be mitigated if the project is well designed and implemented. It is the objective of the EPP to present a detailed plan for development, operation and final reclamation of the surface coal mine such that there are no significant adverse environmental or socio-economic effects.
All mitigation, monitoring and contingency plans are included in the EPP. The mitigation section provides information on how to lessen impacts. The monitoring section provides specific information on the programs. The contingency program section provides information on what to do in situations where action is required. The mitigation and monitoring focuses on groundwater, surface water, terrestrial resources, air quality and dust, noise and visual impact. Contingency planning presents detailed processes and procedures in the event of an accident or unforeseen impact. This EPP addresses many of the conditions of approval of this undertaking (as per the Terms and Conditions for Environmental Assessment Approval by NSEL dated December 28, 2006).
Many of these plans were included in the environmental assessment registration document and addendum; however, they are presented here to reinforce commitments to environmental protection made by Pioneer Coal Limited (Pioneer Coal). In many cases, these initial monitoring, mitigation, and contingency plans have been revised to reflect:
-   Detailed engineering design of mine development and operation;
-   Additional environmental baseline data collection and analysis; -   Comments and advice of the Community Liaison Committee (CLC); and,
- Review comments provided by Nova Scotia Department of Environment and Labour (NSEL).
While the EPP acts as a support document to the Industrial Approval Application, it also consolidates environmental protection plans for site operators, as well as regulators and other interested parties. As such, this document should be retained on site at all times. The specific contingency plans, contact lists and policies will also be posted on site for quick reference.
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2.0   MITIGATNE MEASURES
The proposed mitigative measures are presented below with respect to groundwater, surface water, terrestrial resources, air quality and dust, noise and visual impact. Many of these mitigations protect more than one of these valued resources. These are presented for guidance; however, Pioneer Coal will modify mitigative measures to achieve regulated objectives, as required, in consultation with NSEL and where applicable, the CLC. The monitoring plan, as presented in Section 3, will provide a feedback loop to Pioneer Coal to assess the effectiveness of mitigative measures. Pioneer Coal will continually evaluate the mitigative measures and modify approaches as required (i.e., effect of environment on the project) to ensure no significant adverse impact on the environment.
2.1 GROUNDWATER
Groundwater issues at the site that may require mitigation have been identified to include potential effects to surface water from groundwater drawdown, groundwater control within the mine area and groundwater use for domestic wells. Baseline and operational monitoring as discussed in Section 3 will provide early warning of any unexpected changes during mine development and operation such that mitigative measures can be implemented to protect groundwater and surface water resources.
Mitigative measures where groundwater drawdown is creating surface water effects may include:
-   Changes to the dewatering program; and,
-   Changes to the site drainage controls.
Control of groundwater is not anticipated as an unmanageable issue at the site. Ample storage capacity is available within existing underground workings, active pits and within the settling pond system to hold and address groundwater entering the surface mine workings. Groundwater entering the mine area will be directed to the portal and then into the underground workings as described in the environmental assessment registration document.
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CChESTOCA-RCVERS & ASSOCIATES
Mitigative measures where groundwater effects to domestic users occur are limited but may include:
-   Changes to the dewatering program; and,
-   Changes to site drainage controls in the case of dug wells.
It should be noted that due to the limited mitigative options, a comprehensive Contingency Plan has been developed for this aspect of the project, including a Water Supply Policy (see Section 4.2).
2.2   SURFACE WATER
It is inevitable in a site of this nature, with active waste piles and earth moving activity, that there will be some erosion of exposed surfaces leading to high sediment levels in the runoff. The operator will make every effort to minimize the area subject to erosion.
Measures that will be applied include the following:
-   Design and construction of waste piles with material placed in lifts; side slopes will be progressively vegetated where required;
-   Progressive reclamation will occur as part of ongoing operations;
-   All areas contoured to their final grade will be fertilized and seeded to promote rapid reestablishment of permanent vegetation;
-   Temporarily inactive areas subject to erosion will be stabilized with mulch, or geotextiles as required;
-   Clean surface water will be diverted away from active mining area via existing land contours and constructed berms to minimize the volumes to be handled;
- Sediment traps will be constructed to slow erosional surface flows and reduce the volume of sediment reaching the main treatment ponds;
--   All channels for the drainage control system will be stabilized with geotextile and rock; and,
-   Work will be completed in accordance with legislation and standards, including the NSDEL Erosion and Sediment Control Handbook for Construction Sites and Environment Canada's Key Elements of an Erosion and Sedimentation Prevention and Control Strategy.
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Management of surface water and water within the existing underground workings are essential elements in mitigating significant impacts to the receiving systems. The approach to surface water management is described in detail in the IA Application Supporting Document (Section 4). In summary, all water that has come into contact with the active mine, including groundwater, will enter the workings until capacity is reached. After that, water will be managed through the existing treatment pond system eventually discharging into the watercourse leading to Morrison Brook.
The treatment pond configuration consists of a series of three ponds providing for batch treatment using flocculants, if required. Use of coagulant is expected to be minimal. The existing discharge location and structure will be used. The use of a sump as a primary settling pond within the active pits prior to pumping to the existing settling ponds allows for additional settling of sediment.
As described in the IA Application Supporting Document, acid rock drainage (ARD) is not expected to be an issue. Testing has occurred and will be ongoing. The ERD outlined testing to date and the fact that most materials are net acid consuming. Contingency plans if ARD is encountered are presented in Section 4.4 of this EPP, and in Appendix A.
2.3   TERRESTRIAL RESOURCES
Mitigation measures to disturbance of wildlife habitat include:
-   Scheduling clearing activities to occur outside the nesting period (at this location prior to early April is preferred);
-   If ground nests are encountered, establish exclusion zone around nest during the breeding season;
-   If cavitv nests encountered, delay cutting until after nesting season; and,
- Implement measures in consultation with NSDNR or Canadian Wildlife Service (CWS) when needed.
Generalized measures to reduce disturbance of terrestrial habitat and species could include:
-   No wildlife harassment policy, limit use of ATVs;
-   Scheduling to avoid sensitive periods;
--   Modifications to activities;
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-   Limiting clearing/ disturbed area at any given time;
-   Avoid mechanical clearing and establish exclusion zones around bird ground nests during the breeding season;
-   Flagging of areas to be cleared in advance;
- Maintenance of buffer zones from watercourses (permanent or intermittent) ;
-   Topsoil stockpiling where sufficient material is present and reuse in reclamation;
- Sediment and erosion control plan including stabilization of open areas and appropriate drainage control;
-   Dust control measures to reduce adverse impacts on plant and animal health;
--   Waste management - removal of human waste, proper storage and removal of domestic garbage;
-   Blasting to meet DFO guidelines near fish habitat;
-   Petroleum, oil and lubricant (POL) handling procedures; and, -   Contingency planning.
Although bat hibernating areas are not known for the mining area, if bats or long-eared owls are encountered during site activity, Pioneer Coal will contact NSDNR Wildlife Division and take appropriate mitigative action as directed.
Although Long Eared Owl nests are not anticipated within the site area, if any raptor nests are encountered, NSDNR guidelines (Bald Eagle, Osprey, Colonial Birds, such as herons and cormorants and Woodland Hawk) will be followed.
2.4   AIR QUALITY AND DUST
Dust control requires careful and consistently applied mitigative measures throughout the project, if non-compliant or nuisance levels are to be avoided. Pioneer Coal may vary the mitigations depending on specifics of the situation so long as the dust levels are in accordance with the regulations. ti-litigative measures that are part of overall operations plan are as follows.
Mining Operations: The control of fugitive dust from the mining operations must center on provision of moisture control measures, such as spraying with water as required. Operations based in relatively deep pits will not generally have much direct offsite impact but could contribute to general dust levels at critical times if not controlled.
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On-site Vehicle Operations: To minimize dust produced by on-site vehicle operations, the following may be used as required:
-   Wet suppression controls on unpaved surfaces;
-   Hardened surfaces where practical;
-   Speed reduction; and,
-   Use of large haul vehicles so as to minimize trip frequency.
Waste Rock Conveyor: The use of a belt conveyor to transport the waste rock from the pit to the waste rock pile can provide benefits in the control of dust levels on the site.
The conveyor system will be used when it is feasible, given logistics of the site. Material on the conveyor will be kept moistened by the use of sprays, where required, so that wind entrainment will be minimized.
Waste Piles Surface Stabilization: Wind erosion from elevated waste piles containing finely divided material can be a major source of dust at mine sites. Slopes may be stabilized with mulching and / or vegetation, where appropriate.
Off-Site Transportation:
The tractor trailers will be fitted with tarp covers to minimize dust emissions and spillage. To eliminate the tracking of site materials on local roads, the coal transport trucks will be washed as necessary.
Pioneer Coal is aware that the proposed project will be regulated by the Nova Scotia Air Quality Regulations and will ensure that operations meet these requirements.
2.5 NOISE
The proposed mitigation measures for noise are outlined as follows:
-   The majority of operations will occur in the pit well below ground surface, thereby, providing excellent noise shielding; and,
-   Noise from the equipment and lack of effective mufflers is a source of noise. Regular maintenance of the equipment will reduce noise levels.
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This combination of measures will adequately mitigate potential noise impacts. Ongoing feedback from the community via the CLC will assist Pioneer Coal in operating procedures to minimize impact of noise on the residents.
The mitigation procedures may vary as long as noise levels are in accordance with the regulatory approval.
2.6   VISUAL IMPACT
A visual impact assessment has been completed and provides information to assist in the mitigation of certain visual impacts.
General mitigative measures for reducing visual impacts may include:
-   Locating stockpiles to minimize visibility;
--   Reducing height of stockpiles in key locations;
--   Orientating stockpiles to minimize visibility;
-   Maintaining key buffer zones; and,
-   Planting of, or vegetation management to encourage certain species in key viewplanes to minimize visibility.
Specific results of the viewplane assessment are summarized in Table 9-1 in the lA Application Supporting Document with additional information on the viewplane assessment.
As outlined in the IA Application Supporting Document, a number of the viewplanes that had negative impacts have been or will be mitigated. All of the stockpiles will be returned to the excavated area by the end of the project as well thus eliminating residual visual impacts once fully vegetated.
The nature of visual impacts is subjective and ever changing thereby making continual input important. Pioneer Coal will continually work to minimize visual impact and seek to have input from the CLC on an ongoing basis. Where possible, mine development and operation will minimize impact on both residents and visitors to the community; however, some short term residual impact to aesthetics is expected to remain at certain vantage points.
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3.0 MONITORING
The monitoring program for groundwater, surface water, dust and noise are discussed in the following sub-sections in terms of baseline, operation and postreclamation monitoring.
3.1 BASELINE
Groundwater
Baseline groundwater quality and water levels for the site are well understood from environmental site assessment activities and existing data from nearby sites. This information will be supplemented through the establishment of three nested monitor well locations (GW1-3) as detailed below, the use of up to two "willing host" domestic wells at locations where the homeowner is hooked to the municipal supply, the NSEL Observation Well at Point Aconi and the NSP Observation Well M-15 for which Pioneer has obtained permission to obtain data. These wells will provide adequate coverage to detail any possible changes in water quality of levels through the baseline, operational and post-reclamation phases.
Water level monitoring on a weekly basis for year one is proposed, as well as water quality sampling for general chemistry on a monthly basis.
(D C   Location   {   Rationale
Wti7   ~ Down-gradient from site - one well completed   ~   To monitor possible water level and chemistry
in surHcial materials   changes from site activities
`   Up-gradient from site - nested well with one   To monitor possible danges to water levels and
GW2   I   completed in surficial materials at top of   chemistry from up-gradient sources and water
~bedrock- and one completed in bedrock   levels from site activities dewatering) -_
t   Between site and Morrison Brook - one well Gi-Y'3   ~   completed in surficial materials at top of bedrock
To monitor possible changes to water levels and chemistry from site activities to i?-4orrison Brix)k area
Domestic Well Nl ~ Cross-gradient from site in area. of former ; To monitor possible water level and chemistry domestic wells hooked to municipal system   changes from site activities
Domestic Well #2   D°+'m"gradient from site in area of abundant   To monitor possible water level and chemistry
domestic wells   changes from site activities
To monitor possible water level and chemistry
\SFL o$S   ~   Up-gradient from site   changes from site activities and continue baseline data set from N5EL Down-gradient from site in area of abundant   To nuonitor regional water level changes
domestic wells   ,
NSI' OBS (41-15)
Surface Water
Baseline surface water monitoring stations will be established at three locations chosen to assess the condition of surface water entering and exiting the site to
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determine pre-development site influences to the surrounding environment. Compliance locations (3) for the proposed monitoring are shown on Figure 3-1. The table below outlines the locations and rationale for the surface water sampling stations.
Location
Rationale
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SYV2
Coal Hollow Brook, downstream from Point
Aconi Road   [   downstream frorn potential site influence
To assess the condition of Coal Hollow Brook
MacDcmald Brook, upstream from confluence with Morrison Brook
To assess surface water from water treatment ponds leaving the site via MacDonald Brook - only when -   effluent is leaving ponds
To assess the condition of 1lorrison Brook downstream from potential site influence
h9orrison Brook, downstream from confluence SW3   ~   with lvtacDonald Brook, upstream of Sheri Lee Lane/ Millpond Road
Samples from all of the surface water points will be submitted monthly for chemical analysis for general chemistry, metals and total suspended solids (TSS). Flow monitoring will be completed at all locations at the same frequency. Note that seasonal conditions (ice) and safety considerations (floods) may make some stations periodically unavailable.
Dust
Baseline sampling was completed for suspended particulate. Baseline suspended particulate (i.e., those not generated from surface coal mining activity) in the immediate vicinity of the site may include:
-   Local vehicular traffic (cars, light trucks, school buses, garbage trucks, etc.);
-   Traffic along Highway 162 (much associated with NSPI Point Aconi Generating Station); and,
-   NSPI Point Aconi Generating Station.
The location selected is adjacent a residence at the end of Forrest Lane (P1D No. 15298466) as approximately shown on Figure 3-l. Samples were taken on March 6, 2006 and March 13, 20Q6. The results (as shown in Appendix A) are 13.4 lZg/m3 and 6.6 ltg f m3, respectively.
NSBL limits for total suspended particulate (TSP) are as follows:
Annual Geometric Mean   70 pg/M3
Daily Average (24 hr)   120 }zg/m3
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Noise
The baseline noise emissions (i.e., those not generated from surface coal mining activity) in the immediate vicinity of the site may include:
-   iVTSPI Point Aconi Generating Station;
-   Marine activity (e.g., boating) and water action (e.g., waves);
- Local vehicular traffic (cars, light trucks, school buses, pick-up/delivery, etc.);
-   Traffic along Highway 162 (much associated with NSPI Point Aconi Generating Station).
The locations for baseline sampling were selected near Prince Mine Road and site entrance as shown on Figure 3-1. The first monitoring interval was from 24/03/2006 at 4:OOPlvf to Ol/04/2006 at 11:15PM (as completed for N1). Raw data is provided in Appendix A.
Peak Level:   112.5 dB, 24/03/20E}6 4:00:45PM
Max Level:   86.8 dB, 28/03/2006 7:20:23AM
Min Level:   31.6 dB, 25/03/2006 10:20:44AM
NSE[. limits for sound levels are as follows:
Leq   65 dBA   0700 -1900 hours (days)
60 dBA   1900 - 2300 hours (evenings)
55 dBA   2,300 - 0700 hours (nights)
3.2   DEVELOPMENT AND OPERATION
All project activities will be monitored by the company's supervisory personnel. As well, the ongoing environmental monitoring provides continual feedback on the operations and their impact to the environment. The numerical results of the environmental monitoring (dust, noise, surface water, and groundwater) are augmented by visual assessment and community liaison. The operation is continually changing as environmental (e.g., weather) and operational conditions vary. As part of operations, regular inspections of the site are made by Pioneer Coal supervisory personnel, as well as the quantitative monitoring plan discussed in this section. It is a dual goal of Pioneer Coal to complete the Surface Coal Mine and Reclamation Project and minimize negative impact on surrounding environment and community.
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Groundwater
The baseline data set will be augmented through the development and operations phase and provide a comprehensive data set for comparison and evaluating trends. For the first year of site work, weekly water level monitoring and monthly sampling with analysis for general chemistry is proposed. The water level monitoring should be monthly after the first year of site work and the water quality sampling completed on a quarterly basis after year one of site work. Should any major variations occur in the water levels or water quality, increased frequency of monitoring may be required.
Surface Water
Baseline surface water monitoring stations will be used to the greatest extent for monitoring to continue the data set for comparison and evaluating trends during the development and operational phases of the project. Surface water monitoring will continue on a monthly basis sampling for general chemistry, metals and TSS. Flow monitoring at the established surface water monitoring stations will occur monthly throughout the development and operational phase of the project.
Monitoring of water levels within the Prince Mine workings will be ongoing during all site work. The frequency will vary depending on environmental and operational factors, as well as results of monitoring (i.e., rate of change). NSEL will be kept apprised of the water level changes and the anticipated management plan. A discussion of water levels within the Prince Mine is presented in Section 4 of the IA Application Supporting Document.
Dust
Dust monitoring will be conducted over a twenty-four hour period every sixth operating day. The results will be submitted to the regulators as directed by NSEL.
The results will be assessed in terms of baseline suspended particulate data, maximum allowable concentration, and to assist in assessing efficiency of mitigative measures.
The proposed monitoring location is shown an Figure 3-1. One location is proposed. Baseline monitoring was completed to allow a benchmark of comparison for operating data.
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Noise
Noise monitoring will be conducted over a minimum of two hour period each operating day during daytime (0700 hours to 1900 hours) and nighttime (1900 hours to 0700 hours). The results will be submitted to regulators as directed by NSEL.
The results will be assessed in terms of baseline suspended particulate data, maximum allowable concentration, and to assist in assessing efficiency of mitigative measures.
The proposed monitoring locations are shown on Figure 3-l. Two locations are proposed. Monitoring includes instantaneous noises, as well as average dBA levels.
Baseline monitoring was completed at these stations prior to commencement of operations to allow a benchmark of comparison for operating data.
3.3   POST RECLAMATION
The reclamation plan is discussed in Section 11 of the IA Application Supporting Document. Reclamation involves removal of site infrastructure (with the exception of the CBDC Mechanical Shop and existing water treatment ponds and related building), final grading / shaping, compensating wetland habitat and revegetating the site.
Long-term monitoring will likely include monitoring of success of constructed habitat (both terrestrial and aquatic). Surface water monitoring of quality and quantity will also be completed as reclamation directly involves surface water. Groundwater monitoring will occur to assess stabilization of water levels. The specific type, frequency and follow up required post reclamation will be discussed with regulatory authorities and CLC at the time that final reclamation is being undertaken. In part, the results of ongoing monitoring during mine operation influence the design of the long-term monitoring program.
Reclamation plans should include site monitoring, and schedules, by the proponent for the following:
-   Monitor progress of revegetated areas following initial planting until vegetation is successfully established;
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-   Regularly conduct soil analyses for nutrients and pH until vegetation is demonstrated to be successfully established;
- Take corrective action in areas showing evidence of erosion, sedimentation or slope failure;
- Take appropriate measures to address evidence of excessive vegetation stress, invasive species or poorly established areas; and,
-   A longer term monitoring schedule to determine any necessary site restoration repairs, and to review progress toward development of a self sustaining ecosystem.
The re-establishment of wetlands in the footprint of the mine is an important element of the overall reclamation of the site. Approximately 10 ha of wetlands are being disturbed due to the mining activities and it is important to replace these wetlands within the same general area. A detailed plan is provided in the IA Application Supporting Document based on the underlying principle of "no net loss" of wetland function that shows a reclamation plan that shows approximately 13ha of wetland habitat.
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4.0   CONTINGENCY PLAN
The purpose of the section is to provide for review and approval a contingency plan that addresses accidental occurrences including, but not limited to:
- Spills;
-   Groundwater drawdown;
-   Surface water control structure failure;
-   Acid rock drainage;
-   Contaminated material; - Fire;
-   Procedures for responding to incidents occurring during times when the facility is not staffed (e.g. evenings, weekends, holidays); and, -   Encountering species at risk.
Specific Contingency Plans for Site Contingency and Spill Contingency are provided in Appendix B and the Dispute Arbitration Process and Policy.
4.1 SPILLS
Site specific Hazard Assessments and Inspections will be completed on site at regular intervals, in accordance with Pioneer Coal's Company Safety Manual. Proper storage of materials along with an organized and tidy workplace is promoted as the first step in the prevention of spills.
The Spill Contingency Plan in Appendix B provides additional detail.
4.2   GROUNDWATER DRAWDOWN
Groundwater drawdown will be mitigated as outlined in Section 2 and monitored as previously outlined in Section 3. There are two possible types of groundwater drativdown that need to be addressed by the Contingency Plan:
1. Groundwater drawdown in areas where no domestic wells occur but where surface water may be affected; and,
2.   Areas where domestic wells may be affected.
For areas where there are no domestic wells, groundwater levels or water quality mav affect local surface water quality. The monitoring program will identify any areas where this is occurring and the mitigation will address issues.
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Far areas where groundwater use for domestic purposes occurs, there is a need for a contingency plan. Groundwater use in the area for domestic use occurs for some of the residences. Pioneer proposes a Water Supply Policy as outlined below for domestic wells within 800 metres of the site to the south and up to the Brogan Surface Mine limits to the north. "The geographic area that the Water Supply Policy applies to is outlined on Figure 4-1.
Water Supply Policy
Complaints of loss of Quantity or quality of water in a well may be directed to Pioneer Coal's local manager during operating hours 0700 to 2300 hours in person or by telephone on a 24 hour basis.
While emergency matters can be reported verbally, when time permits, a written summary can be helpful to all parties and is preferable and will need to be prepared.
Upon receipt of the complaint within the area described above, Pioneer Coal will supply potable water and begin discussions with the property owner on a remedy. As part of the actions to be undertaken by Pioneer Coal, the company will arrange and pay for an independent third party to investigate the matter promptly. The resident will be advised in writing of the results of the investigation and provided a copy of all relevant information from the investigation such as water chemistry results.
If the loss of water quantity or quality is the fault of the company, Pioneer Coal will:
a) continue to supply water to the residence until the mater has been resolved;
b) agree in writing with the resident on a mutually acceptable arrangement;
c) in the event that a mutually agreeable arrangement cannot be concluded, then an independent arbitrator, agreeable to both parties, will be appointed to review the matter and this/her decision will be binding, without appeal, on both resident and Pioneer Coal; and,
d) if the resident and Pioneer Coal cannot agree on the name of an arbitrator, then each will appoint another party as the third arbitrator and as the Chairman of the Arbitration Board. The majority decision of the Arbitration Board will be binding without appeal on both the resident and Pioneer Coal.
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Should a complaint be received by the local manager for a residence outside of the area identified on Figure 4-1, Pioneer Coal will examine the situation on a case by case basis.
4.3   SURFACE WATER CONTROL SYSTEM FAILURE
In the event that an extreme storm event occurs or other circumstances cause unintentional release of effluent from the site, Pioneer Coal will divert its resources and engage other resources as necessary to respond properly. Measures taken may include diversion of water into the active pit area, installation of pumps and temporary works to mitigate impacts and rehabilitation of adversely affected areas. Holding ponds and ditches are constructed with adequate freeboard provision to prevent overtopping. Our settlement pond system will be equipped with an emergency overflow pipe in the event of an extreme occurrence. This emergency overflow prevents a possible breaching of the ponds.
4.4   ACID ROCK DRAINAGE
Periodic testing of representative rock units will confirm acid producing / consumption data for the site. Although acid rock drainage (ARD) is not expected to be a problem at the mine site, continued evaluation and monitoring will ensure that any problems will be quickly identified. If mining results in ARD, lime can be added to the mine sump prior to pumping the water to the settling ponds or at the influent point to the settling ponds. Massive storage capacity exists within the pit areas for wastewater. As a result, Pioneer Coal can utilize these areas for initial monitoring and identify the problem at the source.
Prior to extraction of coal, samples will be taken and analyzed according to approved acid consumption/ production test procedures. The results of this testing program will be available to guide the operator and regulator with respect to the potential for acid generation. Although the coal and some of the adjacent strata may be acid generating the waste rock has excess acid consumption capacity to neutralize the effect.
Areas where the coal is handled can be neutralized with limestone or acid consuming rock to buffer the acid generation. The drainage from the active pit areas, and any other location where coal is located, will be controlled arid
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16   CorrESrocA-ROVERS & AssocwrEs
directed to the settling ponds for pH control if necessary. The drainage will be tested for acidity before being discharged to the treatment system.
The Contingency Plan in Appendix B provides additional detail.
4.5   CONTAMINATED MATERIAL
If contaminated material is encountered on site, the material will be collected and transported from the site and disposed of at an appropriate facility. An area impacted by petroleum hydrocarbons (less than 25m3) has been identified near the portal. This area of impacted soil will be properly remediated during the course of the mining project according to N5DEL requirements.
The Spill Contingency Plan in Appendix B provides additional detail.
4.6 FIRE
Site specific Hazard Assessments and Inspections will be completed on site at regular intervals in accordance with the Company Safety Policy. An adequate number of fire extinguishers will be available for use on site. The locations will be identified and employees will be trained in their proper use. An Emergency Response Plan will be available on site.
4.7   RESPONSE WHEN FACILITY NOT STAFFED
The site is proposed to be operational as a year round operation with staff expected to be present 24 hours a day performing differing functions. Responses to emergency situations while the site is not staffed would be to use emergency response contact list outlined in Appendix D.
4.8   SPECIES AT RISK
Approaches to management of species at risk if unexpectedly encountered include prioritization of avoidance. If avoidance is not possible, mitigation measures will be implemented to minimize impact on the population. Where loss is anticipated, this will be undertaken within the context of maintaining the viability of the population and will be.~ conducted in a manner contributing to the knowledge base of the species, its habitat, and interaction with development, in order to further long-term survival of the species.
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Regulatory Consultation - As part of environmental protection planning, contingency planning and monitoring, the proponent will work with regulatory agencies such as NSDNR, Wildlife Division for on-going development of appropriate protection strategies and research initiatives where necessary.
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