obstruction for migrating fish and result in destruction or fragmentation of fish Habitat. Wording of this condition is on the DFO Fact Sheet on Culvert Installations. The Permittee shall insulate the ground surface beneath all structures associated with this land-use operation to prevent: any vegetation present from being removed; the melting of Permafrost; and the ground settling and/or eroding. PERMAFROST PROTECTION This condition applies especially to operations conducted during summer in Permafrost regions and particularly where there are unstable soils having a high ice content that are covered with vegetation. The intent is for a mat to be laid down to protect the ground on which buildings, equipment, and for materials to be placed or stored, particularly buildings or structures that are heated. The land-use operation shall not cause obstruction to any natural drainage. NATURAL DRAINAGE The intention of this condition is to prevent the impoundment of water, unless this is the intent of the undertaking for which a water licence has been obtained, such as in the case of construction of reservoirs to generate electricity, a water supply for towns and cities, or industrial use such as hydraulic mining. This condition is intended to prevent ponding, flooding, erosion, damage to fish Habitat, and other potential impacts of obstructed/modified drainages. It applies to any and all types of obstructions; for example, those caused by ice bridges, snow fills, inadequate erosion control measures, excessive vegetation clearing, and improper culvert design/installation, etc. The Permittee shall minimize erosion by installing erosion control structures as the land-use operation progresses. PROGRESSIVE EROSION CONTROL This requires the Permittee to prevent and mitigate erosion throughout the life of the project. Inspectors will use their discretion to determine whether the efforts of the Permittee are satisfactory and consistent with best practices - e.g. a focus on preventing erosion rather than
The condition places additional requirements on the Permittee; in addition to MVLUR section 6 requirements regarding excavations. If activities within 100 metres of a Watercourse are an approved part of the project – for example at crossings – an exception should be added to this condition – e.g. “....except as described in the application” or “except at crossings”. The Permittee shall not excavate land within 100 metres of the Ordinary High Water Mark of any Watercourse, unless otherwise authorized in writing by an Inspector. EXCAVATE NEAR WATERCOURSE Inspector authorization as per MVLUR section 6. The intent of this condition is to prevent erosion and sediment deposition within a Watercourse. This condition is on MVLUR paragraph 6(b) which states that no Permittee shall, “Excavate land within 100 metres of a Watercourse at a point that is below its Ordinary High Water Mark”. However, this condition is more stringent, since it prohibits excavation on all land within 100 metres of a Watercourse and not only land that is 'below its Ordinary High Water Mark’. Note: work in or near a Watercourse may require a licence and/or DFO authorization. 26(1)(g) Use, Storage, Handling, and Ultimate Disposal of Any Chemical or Toxic Material The Permittee not use any Drilling Fluids, or additives that were not identified in the complete application, unless the MSDSs are provided to the Board and Inspector and DRILLING CHEMICALS The intent of this condition is to ensure that chemicals used in oil and gas drilling and hydraulic fracturing operations are reviewed and approved by the Depending on the chemical’s composition and characteristics,
usage of the chemical(s) is authorized in writing by the Board. different management and mitigation measures may be required. Please see the detailed rationale for the general Chemicals conditions. The Board authorization process during the life of a project includes input from an Inspector and may include input from other parties. At least seven days prior to the use of any chemicals that were not identified in the complete application, the MSDS sheets must be provided to the Board and an Inspector. CHEMICALS Authority: the Board has authority to make conditions related to chemical use and disposal, as per MVLUR 26(1)(g) Purpose and rationale: this condition allows Board and Inspector to review the chemical and take action if they are concerned that its use may impact the environment. If appropriate, the Board may require the Permittee to update his/her management or mitigation measures or the Spill Contingency Plan. The condition should the scale of the project, be practical, and enforceable: Board approval of every chemical is not practical for all operations. Inspectors note that mineral exploration projects may change Drilling Fluids 10 or more times over a few years, always using some type of biodegradable, non-toxic fluid. For this type of operation, direct approval of individual chemicals is not necessary because conditions for Waste disposal already prevent deposit of any Toxic Material (defined in definitions section). For hydraulic fracturing or activities that may use Toxic Material, the Board may wish to use the Drilling Chemicals condition to require Board authorization prior to use of any new chemicals. Seven days notice does not significantly delay the Permittee (since they need time to order and ship a Drilling Fluid or other chemical). No conflicts with legislation: Inspector authorization of specific chemicals is not supported by MVLUR, therefore, either
Board authorization or no authorization should be used. When drilling within 100 metres of the Ordinary High Water Mark of any Watercourse, and when drilling on ice, the Permittee shall contain all drill water and Drilling Waste in a closed circuit system for reuse, off-site disposal, or deposit into a land-based Sump or natural depression. DRILLING NEAR WATER OR ON ICE The intent of this condition is to prevent the deposit of Drilling Waste into Watercourses. These four conditions on drilling near water and Drilling Waste are always used together. The Permittee may deposit Drilling that does not contain Toxic Material in a Sump or natural depression. Any Sumps or natural depressions used to deposit Drilling Waste must be located at least 100 metres from the Ordinary High Water Mark of any Watercourse, unless otherwise authorized in writing by an Inspector. DRILLING WASTE The intent of this condition is to prevent Waste from entering water where it could affect water quality and fish Habitat. This condition states that it is acceptable to dispose of non-toxic Waste on the land; removal is not required. If it is safe to do so, an Inspector may authorize a Sump that is less than 100 metres from a Watercourse, as per MVLUR section 6. These four conditions on drilling near water and Drilling Waste should always be used together. The Permittee remove all Drilling Waste containing Toxic Material to an approved disposal facility. DRILLING WASTE DISPOSAL Waste containing Toxic Material must be removed to prevent contamination of soil, groundwater, and surface water. An approved facility means a facility that is certified by the relevant regulatory body (e.g. federal, provincial, territorial) to accept the Waste/substances that are to be removed. These four conditions on drilling near water and Drilling Waste should always be used together. The Permittee shall not allow any Drilling Waste to spread to the DRILLING WASTE CONTAINMENT The intent of this condition is to contain Drilling Waste. If Drilling Waste is allowed to spread
surrounding lands or Watercourses. to adjoining lands or into streams, water quality, vegetation, and wildlife and fish Habitat could be seriously affected. These four conditions on drilling near water and Drilling Waste should always be used together. The Permittee shall ensure that all Drilling Fluids, Flowback, and Produced Water wastes are contained in storage tank(s) located within a bermed area with leak detection and a synthetic liner that is considered impermeable and is capable of containing 110% of the total volume of the largest storage tank(s) employed within the bermed area. OIL AND GAS WASTEWATER CONTAINMENT The intent of this condition is to contain liquid Drilling Waste generated during hydraulic fracturing operations. If Drilling Waste is allowed to spread to adjoining lands or into streams, water quality, vegetation, and wildlife and fish Habitat could be seriously affected. Prior to rig removal, the Permittee shall supply, to the Board and an Inspector, a list of mud components used during the drilling operation. OIL AND GAS MUD COMPONENTS Waste containing Toxic Material must be removed to an approved facility to prevent contamination of soil, groundwater, and surface water. An approved facility means a facility that is certified by the relevant regulatory body (e.g. federal, provincial, territorial) to accept the Waste/substances that are to be removed. This condition applies to oil and gas operations. Prior to spring break-up, the Permittee shall reclaim all Sumps, unless otherwise authorized in writing by an Inspector. RECLAIM Inspector authorization is consistent with MVLUR section 8, which requires that excavated material be replaced, unless otherwise authorized by a Permit or Inspector. This condition is intended primarily for Sumps associated with oil and gas drilling activities. Sump reclamation prior to spring break-up is of particular concern in Permafrost areas where melt-out of ground ice and snow may cause the Sump to overflow.
report each to an Inspector within 24 hours; and submit, to the Board and an Inspector, a detailed report on each spill within 30 days. regarding the spill and the Permittee's cleanup efforts. The Permittee shall dispose of all Toxic Material as described in the approved Waste Management Plan. CHEMICAL DISPOSAL The Permittee's Waste Management Plan must describe the disposal methods for all Toxic Material. The methods and techniques for disposal will be subject to the approval of the Board, and there should be consultation with other agencies. This is a general condition that refers to all Toxic Material, other than substances for which there are specific conditions (e.g. Drilling Waste). Toxic Material may include brine, antifreeze, equipment fluids, Drilling Fluids/additives, etc. The Permittee shall dispose of all combustible Waste petroleum products by removal to an approved disposal facility. PETROLEUM DISPOSAL This is the general condition for Waste petroleum disposal. Petroleum products can pollute soil and streams if disposed of indiscriminately. The Permittee dispose of all Waste petroleum products by removal to an approved disposal facility or by incineration in a device designed for this purpose, as described in the approved Waste Management Plan. WASTE PETROLEUM DISPOSAL Petroleum products can pollute soil and streams if disposed of indiscriminately. This condition applies only if the Permittee has proposed to incinerate Waste petroleum in the Waste Management Plan submitted with the application, and if the Board has approved incineration as described in the plan – if so the Waste Petroleum Disposal condition above would not be used. Waste petroleum can be used in specially designed furnaces or boilers to heat buildings, thus reducing the need to ship and consume petroleum, while minimizing air emissions from incineration.
All costs to remediate the area under this Permit are the responsibility of the Permittee. RESPONSIBILITY FOR REMEDIATION COSTS This condition is a statement of responsibility for costs to restore site. It is in accordance with MVLUR sections 29 (final clearance requirements) and 15 (restoration of Permit area). 26(1)(m) Fuel Storage The Permittee shall: examine all Fuel Storage Containers and Tank for a minimum ______ [e.g. once per day]; and repair all leaks immediately. CHECK FOR LEAKS The frequency of checks would be designated by an Inspector or Board staff on the basis of quantity of fuel, type of container (e.g. vs. bottom-fed Tanks), location, etc. The frequency of checks for Fuel Storage Tanks/containers that are in use should be more often than for stored fuel, since they may be more likely to have leaks (due to being attached to hoses/fittings, container being temporarily out of Secondary Containment, etc). For example, checks could be required once per month for stored fuel that is not in use and once per day or week for fuel that is in use. The Permittee not place any Fuel Storage Containers or Tanks within 100 metres of the Ordinary High Water Mark of any Watercourse, unless otherwise authorized in writing by an Inspector. FUEL NEAR WATER Inspector authorization as per 6. The intent of this condition is to provide a buffer in to prevent fuel spills from impacting surface water. This is consistent with MVLUR paragraph 6 (b); however, this condition is more protective since MVLUR only prohibits fuel within 100 metres of a Watercourse below its Ordinary High Water Mark. The Board, when considering the application, and an Inspector, during the operation, may authorize fuel storage within 100 metres of water under specific conditions (e.g. if moving fuel further poses a risk of leaks/spills, if there is a hill separating fuel from water, etc.). The Permittee shall ensure that all fuel caches have adequate Secondary Containment. FUEL CACHE SECONDARY CONTAINMENT The intent of this condition is to ensure that fuel does not contaminate surrounding lands and waters. Containers may leak, so