PROVINCE OF SASKATCHEWAN MINISTRY OF ENVIRONMENT MINISTERIAL CHANGE APPROVAL PURSUANT TO SECTION 16(2)(a) THE ENVIRONMENTAL ASSESSMENT ACT

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1 PROVINCE OF SASKATCHEWAN MINISTRY OF ENVIRONMENT MINISTERIAL CHANGE APPROVAL PURSUANT TO SECTION 16(2)(a) THE ENVIRONMENTAL ASSESSMENT ACT MOSAIC POTASH ESTERHAZY K3 TO K2 CONVEYOR PROJECT WHEREAS: A. Pursuant to Section 15(1)(a) of The Environmental Assessment Act (the Act), Ministerial Approval was given on June 25, 2009 (EAB# ) to Mosaic Potash Esterhazy (hereinafter referred to as the proponent) to proceed with an expansion of the K2 tailings management area (TMA), subject to terms and conditions imposed in the Ministerial Approval, including the condition that the development be designed, implemented, operated and maintained in accordance with all specifications, mitigation measures and environmental protection measures described in the environmental impact statement (ElS); B. Pursuant to Section 16(2)(c) of the Act, Ministerial Approval was given on May 4, 2010 (EAB# ) to further expand the K2 TMA and the K2 mill. C. Pursuant to Section 16(2)(c) of the Act, Ministerial Approval was given to the proponent on May 6, 2011(EAB# ) to construct the K3 mine including two new mine shafts, associated infrastructure, potash ore haul road, and raw and waste water lines in order to increase potash production; D. The proponent now proposes to make a change to the approved development that does not conform to the terms or conditions contained in the previous Ministerial Approvals, notice and particulars of which are set out in the proposal provided by the proponent on April 30, 2015 entitled K3 to K2 Conveyor Project Technical Project Proposal and additional information provided on May 27, The proposed change involves the replacement of the previously approved potash ore haul road with an overland conveyor system which would transport potash ore from the new K3 mine for processing at the existing K2 mill; E. The Minister has reviewed the proposed change of has concluded it will not result in significant environmental impacts different from those identified in the original EIS and is satisfied that the requirements of the Act have been met. Section 16(2)(a) Decision Page 1 of 2

2 PURSUANT TO SECTION 16(2)(a) of the Act, Ministerial Approval is hereby given to Mosaic for the proposed change subject to the following terms and conditions: 1. The proponent shall design, implement, operate and maintain the development in accordance with the mitigation measures outlined in the change proposal dated April 30, 2015 and additional information dated May 27, 2015 except where alterations are required by the subsequent terms and conditions. 2. The proponent shall comply with all applicable legislation and regulations relevant to the development and the approved change. Where permit approval conditions impose more stringent standards than the legislation, the proponent shall comply with the more stringent standards described in the permit or approval. 3. The proponent shall obtain all required approvals, licences or permits, and/or obtain all required amendments to existing approvals, licences, or permits as a result of the proposed change. 4. The proponent shall provide an annual progress report by October 1 of each year to the Ministry of Environment s Environmental Assessment Branch with an update on the wetland compensation completed and in progress, remaining hectares to complete the plan and land locations for each property. Progress reports will be submitted annually until 5 years following completion of wetland restoration or until such time as site stability and wetland function can be confirmed. 5. The proponent shall inform the Minister, in the manner described in Section 16(1) of the Act, of any change to the development that does not conform to the terms and conditions of this Approval. 6. This Ministerial Change Approval takes effect on the date of signing. Dated at Regina, Saskatchewan this 17 th _day of June, Original signed by APPROVED BY: Herb Cox Minister of Environment Section 16(2)(a) Decision Page 2 of 2

3 REASONS FOR DECISION MINISTERIAL CHANGE APPROVAL PURSUANT TO SECTION 16(2)(a) THE ENVIRONMENTAL ASSESSMENT ACT MOSAIC POTASH ESTERHAZY K3 TO K2 CONVEYOR PROJECT Introduction The Environmental Assessment Act (the Act) states that where a proponent has received Ministerial Approval to proceed with a development and the proponent intends to make a change in the development that does not conform to the terms or conditions contained in the approval, the proponent must receive Ministerial Approval prior to making those changes. On April 30, 2015 Mosaic Potash Esterhazy (the proponent) submitted a proposal entitled K3 to K2 Conveyor Project Technical Project Proposal to the Ministry of Environment (the ministry) requesting approval for a change to the previously approved Esterhazy Stage 2 Expansion Project. The proposed change involves the replacement of the previously approved ore haul road with an overland conveyor system which would transport potash ore from the new K3 mine for processing at the existing K2 mill. The proponent s proposal addressed the impacts related to this change. Application of The Environmental Assessment Act When a proponent wishes to make a change to an approved development, the proposed change must be reviewed to determine the application of Section 16 of the Act. In seeking approval for the proposed change, Mosaic has, in accordance with Section 16(1) of the Act, informed the Minister of Environment of the proposed change before proceeding with it, and is seeking approval to proceed with the change. I am therefore satisfied that the proponent has met the requirements of Section 16(1) of the Act. Under Section 16(2) of the Act, once notice of a proposed change to an existing approved development has been received, a Ministerial decision is required. This decision determines the scope of the environmental assessment required to review the proposed change. Ministerial decision options under Section 16(2) of the Act are: (a) approve the proposed change and impose any terms and conditions that are considered advisable; Section 16(2)(a) Reasons for Decision Page 1 of 4

4 (b) refuse to approve the change in development; or (c) direct the proponent to seek approval for the proposed change in the manner prescribed in Sections 9 to 15 of the Act. The ministry reviewed the proposed change, and this review was used in making my decision under Section 16(2) of the Act. Proposed Change The Mosaic Esterhazy Stage 2 Expansion Project, originally approved on May 6, 2011, included the construction of a 13 km haul road within a 183 m wide right-of-way (ROW). The haul road was designed to transport potash ore from the K3 mine for processing at the K2 mine. Mosaic proposes to replace the approved haul road with an 11 km overland conveyor system within a 122 m wide ROW. The conveyor system will be completely enclosed and include pre-cast concrete tunnels for passing under highway 22 and the five other grid/access road crossings. Environmental Assessment of the Proposal The proposed change will not pose any significant environmental risks and/or cause significant changes to the environmental impacts already characterized in the previous EIS and addressed in the subsequent Ministerial Approvals. The new conveyor system will be situated approximately 800 m north of the approved haul road location primarily on land previously impacted by agricultural. There are approximately 211 hectares (ha) of wetlands within the proposed conveyor ROW. The conveyor route and alignment were selected to avoid wetlands to the extent possible and the majority of disturbance of wetlands will be restricted to the northernmost 38 m of the ROW. As a result of this route selection, project impacts will be limited to approximately 9.7 ha of wetlands. The proponent has committed to developing and implementing a wetland mitigation plan including compensating for unavoidable impacts to wetlands. Three provincially listed plant species and seven provincially and/or federally listed wildlife species were observed within the study area during spring and summer biological surveys. Mosaic commits to conducting additional surveys prior to construction in accordance with ministry protocols to confirm presence/absence and abundance of listed species. If sensitive species are located, Mosaic will adhere to established physical setback distances and develop and implement appropriate mitigation measures in consultation with the ministry. Potential effects to wildlife include restricted movement due to the above ground conveyor as well as habitat fragmentation; however, these impacts are anticipated to be minimized through the installation of wildlife crossings. Also, these effects are Section 16(2)(a) Reasons for Decision Page 2 of 4

5 anticipated to be short-term due to the limited time it takes for wildlife to become accustomed to crossing structures and begin to utilize them for passage. Monitoring will be utilized to determine the effectiveness of the crossings. A noise assessment conducted by the proponent indicates a minor increase in noise will result from the conveyor operation compared to operation of the previously approved haul road. However, levels are expected to remain within levels specified by relevant guidelines for all receptors with the exception of one site. Mosaic has proposed mitigations to limit noise generated by construction and operation activities. Postconstruction noise monitoring will be conducted at the potentially impacted receptor site and mitigation will be developed and implemented if required. The enclosed conveyor system is expected to generate less dust during operation compared to the initially proposed haul road. Mosaic, however, is committed to conducting regular inspections on the conveyor to ensure enclosing structures remain intact. Further, the proponent will conduct post-construction dust fall monitoring to confirm effectiveness of dust control measures. A heritage resource impact assessment was conducted to identify potential heritage sites and/or artifacts in conflict with the proposed project. The results indicate no known archaeological or heritage sites which would be impacted by the proposed conveyor system route. The ministry is satisfied that the mitigation and environmental protection commitments outlined in the change proposal are consistent with public expectations; that both the proponent and government will ensure all reasonable steps are taken to protect the environment. I have concluded that any adverse environmental effects associated with the proposed change are minor in nature and that the overall environmental impacts of the change are well understood in relation to the original EIS and subsequent Ministerial Approvals. These conclusions are based on the proponent's commitments as documented in the proposal, on my ability as the Minister of Environment to impose specific conditions at this time, and on the knowledge that any additional environmental protection requirements can be imposed through terms and conditions forming parts of the permits, licences, and approvals required by provincial legislation. Duty to Consult The Environmental Assessment Branch considers there to be no potential impact to Treaty or Aboriginal rights and/or traditional use. No notification is required beyond that typically provided to the public or as required by legislation. Section 16(2)(a) Reasons for Decision Page 3 of 4

6 Summary This proposed change will not cause additional environmental impacts not already considered and addressed in the original EIS and subsequent Ministerial Approvals. My decision to approve this change is based on my conclusions that: 1. the proposed change will not significantly impact the environment in ways that differ in nature from those already identified and addressed in the previous approval; 2. the proposed change can be regulated through the terms and conditions of the previous approval, the terms and conditions attached to this approval, and the terms and conditions forming parts of the permits, licences, and approvals for the changes required by other provincial legislation; and 3. further public review is not necessary given the limited nature of the changes. My decision to grant this approval was made with the knowledge that any specific concerns identified during the environmental review of the proposal can be addressed as conditions of the additional permits, licences and approvals issued pursuant to regulations under The Environmental Management and Protection Act, 2010 and other legislation. Dated at Regina, Saskatchewan this 17 th day of June, Original Signed by ISSUED BY: Herb Cox Minister of Environment Section 16(2)(a) Reasons for Decision Page 4 of 4