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Notice of Application
CCA Application No. 1909318
EPEA Application No. 020-00046972
WA Application No. 011-00205213
Cardinal River Operations Ltd.
Cheviot Coal Mine

The Alberta Energy Regulator (AER) has received Coal Conservation Act (CCA) application 1909318, Environmental Protection and Enhancement Act (EPEA) application 020-00046972 and Water Act (WA) application 011-00205213 from Cardinal River Operations Ltd. (CRO) to proceed with the MacKenzie Redcap Project, the final phase of mining at its Cheviot mine. This notice sets out under “How to File a Statement of Concern” the deadline for filing a statement of concern on any of these applications.

Description of the Applications
CRO has applied under the CCA for five pit licences and three external mine discard dump licences in connection with mine permit C2003-4. CRO has also applied to amend EPEA approval 0046972-01-02 and WA approval 00205213-00-00 to revise the definition of fenceline and to incorporate:

  • diverting the upper tributaries of Redcap Creek, pit dewatering, and diverting groundwater;
  • constructing and operating sedimentation ponds; and
  • creating a new end-pit lake.

The project will be a typical truck and shovel open-pit operation that is expected to prolong the mine life by about nine years and produce an average of 1.5 million tonnes of clean metallurgical coal per year. The coal will be processed at the existing processing plant at the neighbouring Luscar mine site. CRO anticipates that the project will increase the total disturbance on the mine site by about 606.5 hectares.

Subject to regulatory approval and economic conditions, the expansion is scheduled to begin in the second quarter of 2019.

The Cheviot mine consists of a series of open pits located south of Hinton, in Townships 45 and 46; Ranges 22, 23, and 24; West of the 5th Meridian.

For a copy of the applications, contact
Cardinal River Coals Ltd.
Bag Service 2570
Hinton, Alberta T7V 1V5
Attention: Marc Symbaluk
Telephone: 780-692-5179
Fax: 780-692-5124
Email: @email

Or you can submit an information request, as outlined at, to
AER Order Fulfillment
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Telephone: 1-855-297-8311 (toll free; option 0)
Email: @email
Refer to this notice when requesting information for a faster response.

Requirement to File a Statement of Concern
If you have concerns with these applications, you must file a statement of concern as described below. If you do not file a statement of concern, the AER may approve the applications without further notification.

How to File a Statement of Concern
For your submission to be considered a valid statement of concern, it must be filed before 4:00 p.m. on June 15, 2018. Send one copy of your statement of concern to Cardinal River Operations Ltd. at the name and address above and one copy to
Authorizations Branch
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Fax: 403-297-7336
Email: @email

Contents of a Statement of Concern
For your submission to be considered a valid statement of concern, it must include

  1. why you believe that you may be directly and adversely affected by a decision of the AER on the applications;
  2. the nature of your objection to the applications;
  3. the outcome of the applications that you advocate;
  4. the location of your land, residence, or activity in relation to the location of the energy resource activity that is the subject of the applications; and
  5. your contact information, including your name, address in Alberta, telephone number, and email address or, if you do not have an email address, your fax number.

The AER also requests that you include the application numbers in your statement of concern.

Section 49 of the Alberta Energy Regulator Rules of Practice (Rules of Practice) requires that all documents and information filed in a proceeding be placed on the public record. If you file a submission, you must not include any personal information that you do not want to appear on or are not authorized to put on the public record. Section 49(2) of the Rules of Practice states how to apply to the AER for an order to keep information confidential. The Rules of Practice is available on the AER website at

Submissions relating exclusively to compensation for land use are not dealt with by the AER and should be referred to the Alberta Surface Rights Board.
Under section 21 of the Responsible Energy Development Act, the AER does not have the jurisdiction to assess the adequacy of Crown consultation associated with the rights of aboriginal peoples as recognized and affirmed under the Constitution Act, 1982.

For information on AER procedures, contact the authorizations specialist, Corey MacGarva, by phone at 780-642-9342 or by email to @email.

Issued at Calgary, Alberta, on May 15, 2018.
Patricia M. Johnston, Q.C., General Counsel