Legal Header

Notice of Application
Environmental Protection and Enhancement Act – 019-00011364;
Water Act – 001-00501385 and 001-00501388; and
Coal Conservation Act – 1950358 and 1950359
Prairie Mines & Royalty ULC
Paintearth Coal Mine (Mine No. 1781)

The Alberta Energy Regulator (AER) has received Environmental Protection and Enhancement Act (EPEA) application 019-00011364, Water Act (WA) applications 001-00401385 and 001-00501388 and Coal Conservation Act (CCA) applications 1950358, and 1950359, from Prairie Mines & Royalty ULC (PMRU) related to the closure, decommissioning and reclamation of the Paintearth Mine (Mine No. 1781).

The AER is reviewing the applications together with the supporting documents.

This notice also sets out the deadline for filing a statement of concern on these applications. See the section below How to File a Statement of Concern.

Description of the Applications
PMRU has applied for the Paintearth Mine No. 1781: 

  • To amend and renew EPEA Approval No. 00011364-03-00, as amended, to change from an operating approval to a decommissioning and reclamation plan approval;
  • Under the WA for:
    • A new WA Approval for activities related to mine closure, final reclamation, including end pit lake development, as well as for ongoing ash mining activities;
    • A new WA Fenceline licence to meet closure requirements, final reclamation objectives and to support ash excavation activities:
      • Consumptive uses of the surface water include dust suppression, equipment washing and miscellaneous uses;
    • Cancellation of the following WA licences as these licences are no longer used by PMRU at Paintearth:
      • 00029133-00-00;
      • 00028433-00-00;
      • 00030044-00-00;
      • 00030110-00-00; and
      • 00037583-00-00;
  • Under the CCA and Coal Conservation Rules (CCR) for:
    • Consent to abandon coal mine Licence C 2005-2C; and
    • Consent to abandon portions of the existing coal mine Licences C 2005-3D, C 2005-4D, C 2005-5C, and C 2013-10A where excavation is not occurring.

Active coal mining at the Paintearth Mine ceased in 2021 however excavation of fly ash deposits will continue. The applications reflect the early closure of the mine  due to the transition from coal to natural gas based electrical generation at the Battle River Generating Station.

The Paintearth Mine is located in portions of Townships 039, and 040, Ranges 15 and 16, West of the 4th Meridian, about 20 km southwest of Forestburg, Alberta, as detailed in the application materials.

For a copy of the applications, contact
Prairie Mines & Royalty ULC
Box 730
Forestburg, Alberta
T0B 1N0

Attention: Emily Jepson
Telephone: 306-994-6815
Email: @email

Attention: Bailey Horte
Telephone: 403-854-5214
Email: @email

To view the applications and supporting documents, use the Integrated Application Registry query tool available under Systems & Tools on the AER website, To receive a copy of the application and supporting documents, submit an information request, as outlined at, to

AER Information Distribution Services
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Telephone: 1-855-297-8311 (toll free; option 0)
Fax: 403-297-7040
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 by 11:59 p.m. on the filing date below. Send one copy of your statement of concern to PMRU at the name and address above and one copy either online via the AER’s web-based form or by mail or email:

Mail or email:
Regulatory Applications 
Alberta Energy Regulator 
Suite 1000, 250 – 5 Street SW 
Calgary, Alberta T2P 0R4 
Fax: 403-297-7336

Friday, April 19, 2024    Final date to file a statement of concern. 

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

  1. why you believe 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 you advocate;
  4. the location of your land, residence, or activity in relation to the location of the energy resource 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 Land and Property Rights Tribunal (formerly the 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 regulatory applications specialist, Doug Koroluk, by phone at 403-297-6306 or by email to @email.

Issued at Calgary, Alberta, on Wednesday, March 20, 2024.