NOTICE OF HEARING
APPLICATION NO. 1641153
COAL VALLEY RESOURCES INC.
COAL VALLEY AREA

The Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Application No. 1641153 (Application) at the ERCB Head Office, Govier Hall, 640 – 5 Avenue SW, Calgary, Alberta, commencing on September 28, 2010, at 9:00 a.m. All interveners to this proceeding must be present at the commencement of the hearing to register their appearance.

Description of the Application
Coal Valley Resources Inc. (CVRI) has applied, pursuant to Part 4, Section 13 of the Coal Conservation Act and Part 1, Section 5 of the Coal Conservation Regulations, to amend the existing permit (Permit No. 2005-6) to extend the coal mine site into the Yellowhead Tower area. The Yellowhead Tower area is located about 90 kilometres southwest of Edson, Alberta, and contains over 25 million raw metric tons of coal reserves. 

To obtain a copy of the Application, contact

Coal Valley Resources Inc.
c/o Obed Mountain Mine
Service 4000
Hinton, Alberta  T7V 1V8
Attention: Les LaFleur, Project Manager
Telephone: 780-865-8607
Fax: 780-865-8630
E-mail llafleur@sherrittcoal.com

To view a copy of the Application and supporting documents, go to the ERCB Web site at www.ercb.ca : Industry Zone : Applications : Proceeding Search, and enter Proceeding ID 206.

Requirement to File a Submission
If you have an interest in this matter and wish to make submissions or submit evidence at the hearing of the Application, you must file submissions with respect to this Application even if you have previously filed a submission with the Board or with CVRI on this Application. Submissions must include photocopies of all documentary evidence that you intend to present and/or rely on at the hearing (including, but not limited to, copies of expert reports) and a summary of all evidence you intend to present.

If you do not file submissions, the hearing may be cancelled and the ERCB will continue to process and may approve the Application without a hearing and without further notice.

How to File a Submission
All parties intending to make submissions with respect to the hearing of the Application, including the Applicant, must file by 4:00 p.m., September 14, 2010.

Submissions are to be filed through the Digital Data Submission (DDS) System, Proceeding ID 206. For information on the use of DDS to file submissions, contact

Kim Clayton, Senior Applications Officer
Applications Branch
Energy Resources Conservation Board
640 – 5 Avenue SW
Calgary, Alberta  T2P 3G4
Telephone: 403-355-4313

For submissions of Power Point presentations, maps, and/or logs, file a copy through DDS and send one paper copy of your submission to the applicant at the name and address above and ten complete paper copies to

Fares Haddad, Application Coordinator
Oil Sands Branch, Coal and Major Applications
Energy Resources Conservation Board
640 – 5 Avenue SW
Calgary, Alberta  T2P 3G4

Contents of a Submission
Under Section 24(2) of the Energy Resources Conservation Board Rules of Practice (Rules of Practice), submissions must contain the following:

(a) a concise statement indicating

(i) the manner in which the intervener’s rights may be directly and adversely affected by a decision of the Board on the proceeding,

(ii) the nature and scope of the intervener’s intended participation,

(iii) the disposition of the proceeding that the intervener advocates, if any,

(iv) the facts the intervener proposes to show in evidence,

(v) the reasons why the intervener believes the Board should decide in the manner that the intervener advocates, and

(vi) the intervener’s efforts, if any, to resolve issues associated with the proceeding directly with the applicant;

(b) the name, address in Alberta, telephone number, fax number and, if available, e-mail address of the intervener;

(c) if the intervener is represented by a representative, the name, address in Alberta, telephone number, fax number and, if available, e-mail address of the representative; and

(d) if the intervener is an unincorporated organization, the nature of the intervener’s membership.

Compensation Issues
Submissions relating exclusively to compensation for land usage are not dealt with by the ERCB and should be referred to the Alberta Surface Rights Board.

Applications for Confidentiality
In accordance with Section 13 of the Rules of Practice, all documents filed in respect of this proceeding must be placed on the public record. However, any party may apply for confidentiality of information under Section 13(2). Any application under Section 13(2) that is to be considered during a public hearing of the application must be copied to the other parties to the proceeding. The Board may grant a request for confidentiality on any terms it considers appropriate, subject to the Freedom of Information and Protection of Privacy Act.

Questions of Constitutional Law
Under Section 25 of the Rules of Practice, a person who intends to raise a question of constitutional law before the Board must give notice in accordance with Section 12 of the Administrative Procedures and Jurisdiction Act and its regulation.

For information about ERCB procedures, contact

Oil Sands Branch, Coal and Major Applications
Attention: Fares Haddad
Telephone: 403-297-5366
Fax: 403-297-8122
E-mail: fares.haddad@ercb.ca

Issued at Calgary, Alberta, on July 30, 2010.
ENERGY RESOURCES CONSERVATION BOARD

Patricia M. Johnston, Q.C., General Counsel