Licence No.: 2365
Licence Issued: October 15, 1998

IN ACCORDANCE WITH THE MANITOBA ENVIRONMENT ACT (C.C.S.M. c. E125)
THIS LICENCE IS ISSUED PURSUANT TO SECTION 11(1) TO:

DUCKS UNLIMITED CANADA; "the Licencee"

for the construction and operation of the Development being a wetland habitat enhancement reservoir and associated works located in the south half of Section 17-4-26W in the Rural Municipality of Arthur in accordance with the Proposal filed under The Environment Act and dated February 25, 1998, and subject to the following specifications, limits, terms and conditions:

GENERAL TERMS AND CONDITIONS

This Section of the Licence contains requirements intended to provide guidance to the Licencee in implementing practices to ensure that the environment is maintained in such a manner as to sustain a high quality of life, including social and economic development, recreation and leisure for present and future Manitobans.

  1. The Licencee shall ensure that all used oil products and other regulated hazardous wastes generated by the machinery used in the construction and operation of the Development are collected and disposed of in accordance with applicable Manitoba Environment and legislation requirements.

  2. The Licencee shall, during construction of the Development, retain existing riparian vegetation which is located adjacent to the normal operating level of the Development, except where the removal of vegetation is necessary for the construction of water control works.

  3. The Licencee shall revegetate areas disturbed by the construction of the Development with a mixture of native or introduced grasses or legumes. Native species shall be used to revegetate areas where native species existed prior to construction. All disturbed areas shall be revegetated as quickly as possible following construction to prevent water erosion and the establishment of noxious weeds.

  4. The Licencee shall ensure that any livestock pastured adjacent to the Development does not have direct access to the Development.

SPECIFICATIONS, LIMITS, TERMS AND CONDITIONS

  1. The Licencee shall ensure that fuel storage areas established for the construction of the Development are located a minimum distance of 100 metres from any waterbody, and shall comply with the requirements of Manitoba Regulation 97/88R respecting Storage and Handling of Gasoline and Associated Products. Fuel spills in excess of 100 litres shall be immediately reported to an environment officer.

  2. The Licencee shall ensure that a permanently vegetated buffer strip not less than 10 metres in width is maintained between the Development and agricultural land adjacent to the Development.

  3. The Licencee shall comply with all conditions specified in the document "Authorization for Works or Undertakings Affecting Fish Habitat", Authorization No. MB-98-0028, issued by the Department of Fisheries and Oceans in respect of the Development. A copy of the executed Authorization and any subsequent amendments or alterations shall be provided to the Environment Officer by the Licencee within two weeks of the date of the Authorization and amendments or alterations.

  4. The Licencee shall construct a trapezoidal notched fishway in the outlet works of the Development with a top width of 0.6 metres, a depth of 0.2 metres, sideslopes of 1:1, and with boulders approximately one metre in diameter placed approximately 8 metres apart along the chute of the fishway, and projecting 0.3 metres into the chute.

  5. The Licencee shall monitor water velocities and flow durations and dates in the fishway of the Development during the spring runoff period of the two earliest occurring years of median or greater flow (0.135 cubic metres per second) following the construction of the Development, as well as fish presence in the fishway and in the upstream and downstream vicinities of the outlet works. A report on monitoring activities and results shall be provided to Manitoba Environment, Manitoba Natural Resources and the Department of Fisheries and Oceans not later than August 1 of each year in which monitoring occurs.

  6. The Licencee shall, upon the request of the Director, construct alterations to the fishway of the Development following the Director’s review of the monitoring reports described in Clause 8 of this Licence.

  7. The Licencee shall, by July 1, 1999, submit to the Director, a plan for the decommissioning of the Development in the event that agreements for the use of land required for the Development are not maintained in the future.

  8. The Licencee shall ensure that all pump intakes for any irrigation related water use which occurs in connection with the Development are screened in accordance with the Department of Fisheries and Oceans publication "Freshwater Intake End-of-Pipe Fish Screen Guideline" (March, 1995).

  9. The Licencee shall ensure that water level management of the Development in connection with any irrigation using water stored by the Development is in accordance with the Management Plan for the Development which was dated November, 1997, and submitted to Manitoba Environment on July 27, 1998.

REVIEW AND REVOCATION

  1. If, in the opinion of the Director, the Licencee has exceeded or is exceeding or has or is failing to meet the specifications, limits, terms, or conditions set out in this Licence, the Director may, temporarily or permanently, revoke this Licence.

  2. If construction of the development has not commenced within three years of the date of this Licence, the Licence is revoked.

  3. If, in the opinion of the Director, new evidence warrants a change in the specifications, limits, terms or conditions of this Licence, the Director may require the filing of a new proposal pursuant to Section 11 of The Environment Act.

"original signed by"
Larry Strachan, P. Eng.
Director
Environment Act

Client File No.: 4329.00