Potential Conditions

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Document Reference Number: 25

The Canadian Environmental Assessment Agency is contemplating the following potential conditions in relation to the Côté Gold Mine Project (the Designated Project) for recommendation to the Minister of Environment and Climate Change for inclusion in a Decision Statement issued under the Canadian Environmental Assessment Act, 2012. If the Designated Project is ultimately allowed to proceed because the Minister of Environment and Climate Change decides that the carrying out of the Designated Project is unlikely to cause significant adverse environmental effects as defined under subsections 5(1) and 5(2), or if the Minister decides that the Designated Project is likely to cause significant adverse environmental effects and the Governor in Council decides such effects are justifiable in the circumstances, any conditions established by the Minister would become legally binding.

1 Definitions

  • 1.1 Aboriginal groups means the Mattagami First Nation, the Flying Post First Nation, the Brunswick House First Nation, and the Métis represented by the Métis Nation of Ontario Region 3 Consultation Committee.
  • 1.2 Agency means the Canadian Environmental Assessment Agency.
  • 1.3 Baseline means the environmental conditions prior to initiating construction of the Designated Project.
  • 1.4 Construction means the phase of the Designated Project during when site preparation, building or installation of any component of the Designated Project are undertaken by the Proponent.
  • 1.5 Contact water means water which has come into contact with mine site components and their associated infrastructure.
  • 1.6 Days means calendar days.
  • 1.7 Decommissioning means the phase of the Designated Project where the Proponent has permanently ceased commercial production and has commenced removal from service of any components of the Designated Project, and continues until the site is restored after the open pit is filled with water.
  • 1.8 Designated Project means the Côté Gold Mine Project as described in section 2 of the environmental assessment report prepared by the Canadian Environmental Assessment Agency (Canadian Environmental Assessment Registry Reference Number 80036).
  • 1.9 Effluent means "effluent" as defined in subsection 1(1) of the Metal Mining Effluent Regulations.
  • 1.10 Environment and Climate Change Canada means the Department of the Environment as established under subsection 2(1) of the Department of the Environment Act.
  • 1.11 Environmental effects means the environmental effects as described in section 5 of the Canadian Environmental Assessment Act, 2012.
  • 1.12 Fish means "fish" as defined in subsection 2(1) of the Fisheries Act.
  • 1.13 Fish habitat means "fish habitat" as defined in subsection 2(1) of the Fisheries Act.
  • 1.14 Fisheries and Oceans Canada means the Department of Fisheries and Oceans as established under subsection 2(1) of the Department of Fisheries and Oceans Act.
  • 1.15 Follow-up program means "follow-up" as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012.
  • 1.16 Heritage value means the aesthetic, historic, scientific, cultural, social or spiritual importance or significance for past, present or future generations.
  • 1.17 Listed species at risk means a species that is listed on the List of Wildlife Species at Risk set out in Schedule 1 of the Species at Risk Act.
  • 1.18 Migratory birds means "migratory bird" as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994.
  • 1.19 Mitigation measures means "mitigation measures" as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012.
  • 1.20 Offsetting plan means "offsetting plan" as defined in section 1 of the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations.
  • 1.21 Operation means the phase of the Designated Project during which the commercial production takes place.
  • 1.22 Process water means water that is added to crushed ore during extraction of gold at the ore processing plant.
  • 1.23 Progressive reclamation means a planned approach to reclamation which is carried out concurrently with all phases of the Designated Project to progressively return any physically disturbed areas to a state as close to the baseline as possible, as soon after the disturbance as practical.
  • 1.24 Project footprint means the geographic area occupied by mining-related project components at the mine site, and the transmission line alignment.
  • 1.25 Property boundary means the extent of lands for which the Proponent controls surface access.
  • 1.26 Proponent means IAMGOLD Corporation and its successors or assigns.
  • 1.27 Qualified individual means someone who, through education, experience and knowledge relevant to a particular matter, may be relied on by the Proponent to provide advice within his or her area of expertise.
  • 1.28 Reporting year means from April 1 of a calendar year through March 31 of the subsequent calendar year.
  • 1.29 Species of importance means species harvested, hunted or trapped for traditional, recreational and subsistence purposes by Aboriginal groups.
  • 1.30 Structure, site or thing of historical, archaeological, paleontological or architectural significance means a structure, site or thing that is determined, on the basis of heritage value, to be directly associated with an important aspect or aspects of human history or culture.
  • 1.31 Transport Canada means the Department of Transport as established under subsection 3(1) of the Department of Transport Act.

Potential conditions

These conditions may be established for the sole purpose of the Decision Statement issued under the Canadian Environmental Assessment Act, 2012. They do not relieve the Proponent from any obligation to comply with other legislative or other legal requirements of the federal, provincial, or local governments. Nothing in this document shall be construed as reducing, increasing, or otherwise affecting what may be required to comply with all applicable legislative or legal requirements.

2 General conditions

  • 2.1 The Proponent shall, throughout all phases of the Designated Project, ensure that its actions in meeting the conditions set out in this document are informed by the best available information and knowledge, including community and Aboriginal traditional knowledge, are based on validated methods and models, are undertaken by qualified individuals, and have applied the best available economically and technologically feasible mitigation measures.
    • 2.2 The Proponent shall, where consultation is a requirement of a condition set out in this document:
      • 2.2.1 provide a written notice of the opportunity for the party or parties being consulted to present their views on the subject of the consultation;
      • 2.2.2 provide sufficient information and a reasonable period of time to permit the party or parties being consulted to prepare their views;
      • 2.2.3 provide a full and impartial consideration of any views presented by the party or parties being consulted; and
      • 2.2.4 advise the party or parties that have provided comments on how the views and information received have been considered by the Proponent.
  • 2.3 The Proponent shall, where consultation with Aboriginal groups is a requirement of a condition set out in this document, and prior to initiating that consultation, communicate with each Aboriginal group to determine the manner by which to satisfy the consultation requirements referred to in condition 2.2, including methods of notification, the type of information and the period of time to be provided when seeking views, the process for full and impartial consideration of any views presented and the means by which each Aboriginal group will be informed of how the views and information received have been considered by the Proponent.
  • 2.4 The Proponent shall, where a follow-up program is a requirement of a condition set out in this document:
    • 2.4.1 undertake monitoring and analysis to verify the accuracy of the environmental assessment as it pertains to the particular condition and/or to determine the effectiveness of any mitigation measure(s);
    • 2.4.2 determine whether additional mitigation measures are required based on the monitoring and analysis undertaken pursuant to condition 2.4.1; and
    • 2.4.3 if additional mitigation measures are required pursuant to condition 2.4.2, implement the additional mitigation measures and monitor them pursuant to condition 2.4.1.
  • 2.5 Where consultation with Aboriginal groups is a requirement of a follow-up program, the Proponent shall discuss with each Aboriginal group opportunities for the participation of that Aboriginal group in the implementation of the follow-up program as set out in condition 2.4.
  • 2.6 The Proponent shall, commencing in the reporting year that construction begins, submit to the Agency an annual report, including an executive summary of the annual report in both official languages. The annual report shall be submitted by the Proponent no later than June 30 following the reporting year to which the annual report applies. In the annual report, the Proponent shall set out:
    • 2.6.1 activities implemented in the reporting year to comply with each of the conditions set out in this document;
    • 2.6.2 how the Proponent complied with condition 2.1;
    • 2.6.3 for conditions set out in this document for which consultation is a requirement, how the Proponent considered any views and information that the Proponent received during or as a result of the consultation;
    • 2.6.4 the results of the follow-up program requirements identified in conditions 3.10, 4.3, 5.5, 6.4 and 7.5; and
    • 2.6.5 any additional mitigation measures implemented or proposed to be implemented by the Proponent, as determined under condition 2.4.
  • 2.7 The Proponent shall publish on the Internet, or any medium which is widely publicly available, the annual report and the executive summaries referred to in condition 2.6, the plans to offset the loss of fish and fish habitat referred to in condition 3.7, the communication plans referred to in conditions 5.6, 6.5 and 8.5, the reports referred to in conditions 8.4.3 and 8.4.4, as well as the implementation schedule referred to in condition 9.1 and any update(s) or revision(s) to the above documents, upon submission of these documents to the parties referenced in the respective conditions. The Proponent shall keep these documents publicly available for 25 years following the end of decommissioning of the Designated Project. The Proponent shall notify the Agency and Aboriginal groups of the availability of these documents once they are published.
  • 2.8 The Proponent shall notify the Agency in writing no later than 60 days after the day on which there is a transfer of ownership, care, control or management of the Designated Project in whole or in part.
  • 2.9 The Proponent shall consult with Aboriginal groups prior to initiating any change(s) to the Designated Project that may result in adverse environmental effects, and shall notify the Agency in writing no later than 60 days prior to initiating the change(s).
  • 2.10 In notifying the Agency pursuant to condition 2.9, the Proponent shall provide the Agency with an analysis of the adverse environmental effects of the change(s) to the Designated Project, as well as the results of the consultation with Aboriginal groups.

3 Fish and fish habitat

  • 3.1 The Proponent shall implement erosion and sediment control measures during all phases of the Designated Project, including measures for sedimentation catchments downstream of active construction areas.
  • 3.2 The Proponent shall comply with the Metal Mining Effluent Regulations, the Fisheries Act, and any requirements of the Government of Ontario regarding the effluent discharges from the Designated Project, taking into account the Canadian Council of Ministers of the Environment's Water Quality Guidelines for Protection of Aquatic Life. In doing so, the Proponent shall:
    • 3.2.1 manage potentially acid generating mine rock to avoid acid generation and metal leaching into the environment;
    • 3.2.2 implement seepage control measures at the perimeter and base of the tailings management facility, including by the installation of geomembrane liners;
    • 3.2.3 collect and treat contact water and seepage produced by the Designated Project; and
    • 3.2.4 treat process water for cyanide and cyanide destruction constituents prior to directing it into the tailings management facility.
  • 3.3 The Proponent shall treat at the polishing pond any effluent produced by the Designated Project prior to effluent discharge to the environment if required to comply with condition 3.2.
  • 3.4 The Proponent shall conduct any in-water construction activities during timing windows of least risk for the area, unless otherwise agreed to by relevant federal and provincial authorities. If in-water construction activities cannot be conducted during identified timing windows of least risk, the Proponent shall implement additional mitigation measures, in consultation with Fisheries and Oceans Canada, to mitigate adverse environmental effect on fish and fish habitat from change to water quality.
  • 3.5 The Proponent shall, in a manner consistent with the Fisheries Act and its regulations, relocate fish to suitable habitats prior to fish habitat alteration or loss, taking into consideration environmental conditions and lifecycle requirements of the fish species that are relocated.
  • 3.6 The Proponent shall design, construct and operate realignment channels and dams in a manner that will maintain fish habitat during all phases of the Designated Project consistent with any offsetting plan. In doing so, the Proponent shall maintain fish passage in the realigned channels and the natural channels, including between Bagsverd Lake and Neville Lake.
  • 3.7 The Proponent shall, in consultation with Fisheries and Oceans Canada and Aboriginal groups, develop and implement offsetting plans related to the loss of fish and fish habitat associated with the carrying out of all phases of the Designated Project.
  • 3.8 For any fish habitat offsets area proposed in offsetting plans under condition 3.7 and prior to submitting a plan to Fisheries and Oceans Canada, the Proponent shall determine whether there are adverse effects:
    • 3.8.1 on migratory birds and their habitats;
    • 3.8.2 on terrestrial species, including amphibians and reptiles, and their habitats;
    • 3.8.3 on listed species at risk and their habitats;
    • 3.8.4 on current use of lands and resources for traditional purposes by Aboriginal peoples;
    • 3.8.5 on the flow rates, water depths or water widths that may affect the passage of a vessel, including a vessel used by Aboriginal peoples in the context of their current use of lands and resources for traditional purposes;
    • 3.8.6 on physical and cultural heritage and structure, site or thing of historical, archaeological, paleontological or architectural significance to Aboriginal peoples; and
    • 3.8.7 from potential sources of contamination including iron, copper and zinc on the receiving environment.
  • 3.9 The Proponent shall, if there are adverse environmental effects on any of the elements set out in conditions 3.8.1 to 3.8.7, implement mitigation measures to address those effects.
  • 3.10 The Proponent shall develop and implement a fish and fish habitat follow-up program that shall include the monitoring of seepage losses at the tailing management facility to determine the effectiveness of the mitigation measures referred to in condition 3.2.2. The Proponent shall develop the follow-up program prior to construction and implement it during all phases of the Designated Project.

4 Migratory birds

  • 4.1 The Proponent shall carry out all phases of the Designated Project in a manner that protects migratory birds and avoids harming, killing or disturbing migratory birds or destroying, disturbing or taking their nests or eggs. In this regard, the Proponent shall take into account Environment and Climate Change Canada's Avoidance Guidelines. The Proponent's actions in applying the Avoidance Guidelines shall be in compliance with the Migratory Birds Convention Act, 1994 and with the Species at Risk Act.
  • 4.2 The Proponent shall control mine site lighting during the operation phase of the Designated Project, including direction, timing, intensity, and glare of light fixtures, to avoid effects on migratory birds while meeting operational health and safety requirements.
  • 4.3 The Proponent shall develop and implement a follow-up program to determine the effectiveness of the mitigation measures used to avoid harm to migratory birds, their eggs and nests, including the measures used to comply with conditions 4.1 and 4.2. The Proponent shall develop the follow-up program prior to construction and implement it from the start of construction until the end of the decommissioning.

5 Current use of lands and resources for traditional purposes

  • 5.1 The Proponent shall maintain ground cover vegetation and shall not use chemical agents for controlling vegetation along the transmission line right of way during all phases of the Designated Project.
  • 5.2 The Proponent shall undertake progressive reclamation of the habitats impacted by the Designated Project at the mine site and shall re-vegetate disturbed habitats by using native species.
  • 5.3 The Proponent shall, in consultation with Aboriginal groups, other canoe and portage route users, and Transport Canada, establish portage and canoe route alternatives where access to the traditional and 4M circle canoe routes is affected by the Designated Project, and maintain the alternative portage and canoe routes accessible until access to the traditional and 4M circle canoe routes and portage route is restored and safe.
  • 5.4 The Proponent shall, following consultation with Aboriginal groups, provide access within the property boundary to Aboriginal groups for traditional purposes, during all phases of the Designated Project and to the extent that such access is safe.
  • 5.5 The Proponent shall, in consultation with Aboriginal groups, develop and implement a follow-up program to verify the accuracy of the predictions of the environmental effects on species of importance, and to develop and implement measures to mitigate adverse effects of the Designated Project on those species of importance. The Proponent shall develop the follow-up program prior to construction and implement it during all phases of the Designated Project.
  • 5.6 The Proponent shall develop and implement a communication plan, in consultation with Aboriginal groups, in order to keep the Aboriginal groups informed of the results of the follow-up program specified in condition 5.5 and of the implementation schedule and any updates or revisions to that schedule, as referred to in conditions 9.1 to 9.3. The implementation of the communication plan shall begin before the start of the construction phase and end following decommissioning.

6 Health of Aboriginal peoples

  • 6.1 The Proponent shall, during all phases of the Designated Project, implement measures to mitigate emissions of fugitive dust and airborne contaminants from the Designated Project, including using dust collection systems to reduce emissions of dust and metals during drilling, blasting, material handling, transportation and ore processing.
  • 6.2 Prior to construction of realignment channels and dams, the Proponent shall remove terrestrial vegetation and organic soils in the area of Bagsverd Lake South that will be flooded as a result of the Designated Project.
  • 6.3 The Proponent shall, prior to construction and in consultation with Aboriginal groups, identify measures to deter species of importance from frequenting the tailings management facility and polishing pond, and implement those measures during the operation and decommissioning should species of importance be found frequenting the tailings management facility and polishing pond.
  • 6.4 In order to verify the accuracy of the predictions of the environmental assessment and to determine the effectiveness of the mitigation measures identified in conditions 6.1, 6.2 and 6.3, the Proponent shall, in consultation with Aboriginal groups, develop and implement a follow-up program related to the health of Aboriginal peoples that shall include:
    • 6.4.1 monitoring the air quality for total suspended particulates, particulate matter (PM10), fine particulate matter (PM2.5), nitrogen oxides and hydrogen cyanide, at a minimum at locations where the highest concentrations of these contaminants are expected within areas where navigation and other current use of lands and resources for traditional purposes occur. The Proponent shall use the 24-hour and 1-hour limits of the Canadian Council of Ministers of the Environment's Canadian Ambient Air Quality Standards and the Ontario Ambient Air Quality Criteria as benchmarks. Air quality monitoring shall be implemented from the beginning of construction and end two years after the start of decommissioning;
    • 6.4.2 monitoring dust deposition rates in areas within the property boundary where traditional plant harvesting occurs, to validate that dust deposition rates do not exceed 40 grams per square metre per year;
    • 6.4.3 monitoring methylmercury concentrations in fish tissue of northern pike, walleye, lake whitefish and yellow perch in all water bodies where an increase in water level is predicted as a result of the Designated Project, as well as all other water bodies directly connected to realignment channels, to confirm methylmercury levels do not increase. Methylmercury monitoring shall be implemented from the beginning of construction and occur every three years during the construction and operation phases. Starting at the beginning of the decommissioning phase, monitoring shall occur every five years until the end of the decommissioning;
    • 6.4.4 monitoring for the presence of species of importance at the tailings management facility and polishing pond during operation and decommissioning.
  • 6.5 The Proponent shall, in consultation with Aboriginal groups, develop and implement a plan for communicating the results of the follow-up program referred to in condition 6.4 to the Aboriginal groups, as well as any associated health risks and corrective measures to be taken to further reduce the release of contaminants or the exposure to contaminants referred to in condition 6.4. The Proponent shall develop the plan prior to construction and implement it from the beginning of construction until the completion of decommissioning.

7 Physical and cultural heritage and structure, site or thing of historical, archaeological, paleontological or architectural significance

  • 7.1 The Proponent shall not disturb bald eagle (Haliaeetus leucocephalus) nests that are occupied within the Project footprint and shall consult with Aboriginal groups pursuant to conditions 2.2 and 2.3 of this document prior to removing any unoccupied bald eagle (Haliaeetus leucocephalus) nest that needs to be removed as a result of the Designated Project.
  • 7.2 For archaeological remains or artefacts discovered by the Proponent prior to the start of, and during all phases of the Designated Project, the Proponent shall:
    • 7.2.1 halt work at the location of the discovery;
    • 7.2.2 have a qualified individual conduct an assessment at the location of the discovery;
    • 7.2.3 inform, in writing, Aboriginal groups of the discovery, forthwith; and
    • 7.2.4 comply with any legislative or legal requirements respecting the discovery, recording, transferring, and safekeeping of archaeological remains or artefacts, including the Ontario Heritage Act and associated regulations and protocols.
  • 7.3 The Proponent shall monitor, during the construction phase, the banks of all water bodies where a decrease in water level is predicted as a result of the Designated Project. In the event that archaeological remains or artefacts are exposed by lower water levels, the Proponent shall follow the procedures established pursuant to condition 7.2.
  • 7.4 The Proponent shall not undertake any physical activity within 20 meters around the Makwa Point (CjHl-3), Bagsverd Creek 1 (CjHl-27) and Table Point (CjHl-17) archaeological sites during all phases of the Designated Project, unless required to protect the integrity of the sites.
  • 7.5 The Proponent shall develop and implement a follow-up program to determine the effectiveness of the mitigation measures set out in conditions 7.2 and 7.4. The Proponent shall develop the follow-up program prior to construction and implement it during all phases of the Designated Project.

8 Accidents or malfunctions

  • 8.1 The Proponent shall take all reasonable measures to prevent accidents and malfunctions that may result in adverse environmental effects, including:
    • 8.1.1 design, construct and operate the retention dams and the tailings management facility dam to accommodate a 1-in-100-year 24-hour rainfall event; and
    • 8.1.2 design, construct and operate the tailings management facility dams taking into account the Canadian Dam Association Dam Safety Guidelines to withstand a 1-in-1000-year earthquake. The tailings management facility design shall include an emergency spillway to safely route a 1-in-1000 year flood event.
  • 8.2 The Proponent shall, prior to construction, consult with Aboriginal groups on the measures to be implemented to prevent accidents and malfunctions.
  • 8.3 The Proponent shall, prior to construction and in consultation with relevant federal and provincial authorities and Aboriginal groups, develop an emergency response plan in relation to the Designated Project.
  • 8.4 In the event of an accident or malfunction with the potential to cause adverse environmental effects, the Proponent shall implement the emergency response plan referred to in condition 8.3 and shall:
    • 8.4.1 notify relevant federal, provincial and municipal authorities and Aboriginal groups of the accident or malfunction as soon as possible and, in writing, the Agency;
    • 8.4.2 implement immediate measures to mitigate any adverse environmental effects associated with the accident or malfunction;
    • 8.4.3 submit a written report to the Agency no later than 30 days after the day on which the accident or malfunction took place. The written report shall include:
      • 8.4.3.1 a description of the accident or malfunction and of its adverse environmental effects;
      • 8.4.3.2 the measures that were taken by the Proponent to mitigate the adverse environmental effects of the accident or malfunction;
      • 8.4.3.3 any views received from relevant federal and provincial authorities and Aboriginal groups with respect to the accident or malfunction, its adverse environmental effects or measures taken by the Proponent to mitigate adverse environmental effects;
      • 8.4.3.4 a description of any residual adverse environmental effects, and any additional measures required by the Proponent to mitigate residual adverse environmental effects; and
      • 8.4.3.5 details concerning the implementation of the emergency response plan referred to in condition 8.3.
    • 8.4.4 submit a written report to the Agency no later than 90 days after the day on which the accident or malfunction took place, on the changes made to avoid a subsequent occurrence of the accident or malfunction, and on the implementation of any additional measures to mitigate residual adverse environmental effects taking into account the information in the written report submitted pursuant to condition 8.4.3.
  • 8.5 The Proponent shall develop and implement a communication plan in consultation with Aboriginal groups. The communication plan shall be developed prior to construction and shall be implemented and maintained up to date during all phases of the Designated Project. The plan shall include:
    • 8.5.1 the types of accidents and malfunctions requiring a notification by the Proponent to the respective Aboriginal groups;
    • 8.5.2 the manner by which Aboriginal groups shall be notified by the Proponent of an accident or malfunction and of any opportunity for the Aboriginal groups to assist in the response to the accident and malfunction; and
    • 8.5.3 the contact information of the representatives of the Proponent that the Aboriginal groups may contact and of the representatives of the respective Aboriginal groups to which the Proponent provides notification.

9 Implementation schedule

  • 9.1 The Proponent shall submit an implementation schedule for conditions contained in this document to the Agency, or anyone designated pursuant to section 89 of the Canadian Environmental Assessment Act, 2012, at least 30 days prior to construction. The implementation schedule shall indicate the commencement and completion dates for each activity relating to conditions set out in this document.
  • 9.2 The Proponent shall submit an update to this implementation schedule in writing to the Agency, or anyone designated pursuant to section 89 of the Canadian Environmental Assessment Act, 2012, every two years on or before June 30, until completion of the activities.
  • 9.3 The Proponent shall provide the Agency, or anyone designated pursuant to section 89 of the Canadian Environmental Assessment Act, 2012, with a revised implementation schedule if any material change(s) occur from the initial schedule referred to in condition 9.1 or any subsequent updates. The Proponent shall provide the revised implementation schedule at least 30 days prior to the implementation of the change.

10 Record keeping

  • 10.1 The Proponent shall maintain a written record, or a record in an electronic format compatible with that used by the Agency, and retain and make available that record to the Agency, or anyone designated pursuant to section 89 of the Canadian Environmental Assessment Act, 2012, at a facility close to the Designated Project (local facility). The record shall include information related to the implementation of the conditions of this document and the results of all associated monitoring, including:
    • 10.1.1 the place, date and time of any sampling, as well as techniques, methods or procedures used;
    • 10.1.2 the dates and the analyses that were performed;
    • 10.1.3 the analytical techniques, methods or procedures used in the analyses;
    • 10.1.4 the names of the persons who collected and analyzed each sample, and documentation attesting of the professional certifications relevant to the work performed that they might possess; and
    • 10.1.5 the results of the analyses.
  • 10.2 The Proponent shall retain and make available upon demand to the Agency, or anyone designated pursuant to section 89 of the Canadian Environmental Assessment Act, 2012, the information referred to in condition 10.1 at a facility close to the Designated Project (or at a location within Canada and agreed upon by the Agency, should the local facility no longer be maintained). The information shall be retained and made available throughout construction and operation, and for 25 years following the end of decommissioning of the Designated Project.
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