Licence No.: 2542
Licence Issued: March 11, 2002

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

PETER EWERT; "the Licencee"

for the construction and operation of the Development, known as The Meadows at East St. Paul Golf Course, being an eighteen hole public golf course located on land legally described as R.L. 113 Parish of East St. Paul and located on PTH 59 north of the Perimeter Highway in the Rural Municipality of East St. Paul and in accordance with the Proposal filed under The Environment Act dated November 27, 2001, 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, during operation of the development, participate in the Manitoba Golf Superintendent Association (MGSA) Environmental Program and undertake an environmental review of the development in accordance with the MGSA Environmental Self Assessment Checklist, September, 1999.

  2. The Licencee shall, during construction, ensure that any fuel storage areas established for the construction of the Development are located a minimum distance of 100 meters away from waterbodies including wetlands and ensure the storage areas comply with the requirements of Manitoba Regulation 97/88R - Storage and Handling of Gasoline and Associated Products.

  3. The Licencee shall ensure that all used petroleum products and other hazardous wastes generated by the machinery used in the construction and operation of the Development are collected and disposed of in accordance with Manitoba Conservation and legislative requirements.

  4. The Licencee shall, during the full term of the construction of the Development, cleanup and deposit all debris from the construction site at a Waste Disposal Ground operating under the authority of a permit issued pursuant to Manitoba Regulation 150/91 respecting Waste Disposal Grounds or a Licence issued pursuant to The Environment Act.

SPECIFICATIONS, LIMITS, TERMS AND CONDITIONS

Respecting Pre-Construction

  1. The Licencee shall, prior to construction, provide a copy of this Licence to the contractor and subcontractor(s) involved in the Development.

  2. The Licencee shall, prior to construction, prepare an erosion and sediment control management plan in accordance with the Manitoba Heavy Construction Association Best Management Practices in order to minimize sediment transport both within and outside of the development property.

  3. The Licencee shall, prior to construction start-up, instruct the on-site construction supervisor to ensure that the erosion and sediment control management plan has been reviewed with all heavy construction equipment operators involved in the construction.

Respecting Construction

  1. The Licencee shall, during construction of water retention pond(s), line the pond(s) with clay to a minimum depth of 0.5 meters to prevent seepage from the retention pond entering the groundwater aquifer.

  2. The Licencee shall manage sewage generated from the Development by the use of holding tanks or by connecting to the municipal sewage system. An assessment of the additional load from the Development on the municipal system shall be carried out prior to operation of the Development.

  3. The Licencee shall locate a pesticide storage structure(s):
  1. in an area on the Development property that is not subject to flooding;
  2. in a dry, well ventilated separate building enclosed by a security fence;
  3. 100 meters from property zoned residential;
  4. 100 meters away from single residences; and
  5. 100 meters away from utility owned rights-of-way.
  1. The Licencee shall construct and maintain the concrete floors and curbs of a pesticide storage structure(s) so as to prevent spilled liquids from leaking into the soil.

Respecting Operation

  1. The Licencee shall, prior to operation of the Development, obtain a Water Rights Act Licence for water withdrawal requirements associated with the Development.

  2. The Licencee shall, prior to operation of the Development, obtain an annual Pesticide Use Permit pursuant to Manitoba Regulation 94/88R for the storage, handling and application of pesticides in conjunction with the golf course operation.

  3. The Licencee shall, during the operation of the Development, prohibit the use any mercury based fungicides or Diazinon on the Development.

  4. The Licencee shall, during the operation of the Development, prohibit application of pesticides within 5 meters of the high water level of water retention ponds on the Development.

  5. The Licencee shall contain and clean up immediately:
  1. any on-site pesticide spill;
  2. waste water generated from any response action due to an on-site release of pesticides; and
  3. contaminated water resulting from the extinguishing of a fire involving pesticides.
  1. The Licencee, subject to obtaining approval from and Environment Officer, shall immediately dispose of any contaminated material in accordance with the approval.

Respecting Alterations to the Development

  1. The Licencee shall obtain approval from the Director for any proposed alteration to the Development prior to proceeding with the alteration.

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 the 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: 4728.00