Minutes of Meeting Vermilion River Stewardship Tuesday, 19 April 2011 7:00 pm – 9:00 pm Beaver Lake Sports and Cultural Club Chair: Secretary: Members:
Linda Heron Sheri Johnson Purdon 9
1.
Motion to Adopt the Agenda, and added a letter to Bruce Richard, MNR. Motion by Mike Ross; Seconded by John Reid; Carried
2.
Motion to adopt the Previous Minutes of 8 March 2011. Motion by John Reid; Seconded by Ron Basso;
Carried
3.
Reports Executive Report – Addendum 1 Correspondence – Addendum 2 Letter to Bruce Richard, MNR Xeneca answers to VRS questions Letter from NDCA – Paul Sajatovic
4.
Business Arising from Previous Meeting Phosphorus Testing – by Bob Little o MOE site has readings for 2010. o The number of testing sites varies for lakes. o Reports contain phosphorus levels in most lakes from 2004 – 2011. o There was concern over the high levels of phosphorus in some lakes closest to the City of Sudbury. o It appears that phosphorus levels decrease with downstream flow. Judy Sewell of NDCA/GSSP, will make a presentation at our next meeting on 7 June – Re: Provincial Water Quality Monitoring Network Program for 2009 and 2010 Lake Advisory Panel – Funding o Funding application will be made for silt testing at the base of Cascade Falls – application deadline is 13 May 2011. Stakeholders’ Advisory Panel – Wabagishik Rapids appears to be in an unorganized township and not within the Greater City of Sudbury boundaries. o The terms of reference to be a member of this panel are not agreeable to the Stewardship, and therefore participation is not feasible at this time. Not-for-Profit – Constitution was dealt with by separate meeting.
5.
New Business First Nations Contact – Xeneca has a duty to consult o Whitefish River and Whitefish Lake First Nations were contacted to see whether they would take action with regard to the proposed waterpower projects o Whitefish Lake sent a letter through their lawyer to Xeneca indicating there must be no further progress until they have been properly consulted. o Whitefish River is progressing along a similar course of action. Mitigation Measures o It is important to start looking at appropriate mitigation o Must push for fish passage and mitigation of Bass and Walleye spawning grounds at Wabagishik o Archaeological findings Volunteers will come out to help determine any possible sites – Ron Basso agreed to guide our party. o Box Turtle is reported in area of Wabagishik proposed dam site. o Biodiversity team must be created to help with this aspect. Silt Core Sampling at base of Cascade Falls o Samples should be taken in and around Cascade Falls to determine what heavy metals are contained in the river bottom silt. o Test results will help determine extent of risk to public at Vale water intake.
6.
Next Meeting – Tuesday, 7 June 2011 – 7 to 9:00 pm
7.
Adjournment – 8:30 pm
VERMILION RIVER STEWARDSHIP EXECUTIVE REPORT 19 April 2011
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Xeneca Received Infrastructure Maps Found a Map on Xeneca’s website indicating they now have 33 Proposed Dam Projects Received reply from Xeneca to our 8 February letter, with answers to some of our questions Contacted by property owners whose properties show transmission lines and stations on their properties and have never been contacted by Xeneca Received answers from Xeneca to some of our questions 11.8 MW is only the installed capacity – probably generate only half that MNR Applicant of Record and Site Release are very soon to either be awarded or denied by MNR Friday, 15 April – a meeting of Ministries for a coordinated review Initiated an email campaign to MNR requesting Applicant of Record and Site Release not be awarded – over 400 emails between Wanapitei and Vermilion Sent a letter to MNR requesting answers, documentation, and such and copied to Ministers of MNR and MOE, as well as many others Have filled out a FOI form listing several documents – awaiting word back from MNR France Gelinas has written a letter of support and will hand deliver to Linda Jeffrey, Minister of MNR Draft Proposed Operating Flow Levels Report by Ortech Environmental Xeneca has a duty to consult First Nations Informed that Xeneca has not contacted several land owners where transmission lines, roads, etc. were indicated on map Meetings Presentation to Walden‐CAN on 7 March 2011 Attended PIC in Espanola on 22 March 2011 Presentation to Policy Committee on March 23 2011 o Followed Mark Holmes’ presentation o Requested City Led Stakeholders’ Advisory Panel; or put pressure on Xeneca to allow participation without signing Terms of Reference Ontario Rivers Alliance Meeting – 2 April 2011 Presentation to Copper Cliff‐CAN on 7 April Water Quality & Soil Testing Vale Annual Water Quality Reports – City website City of Sudbury Lake Water Quality Testing – City website Lake Partners Total Phosphorus test results NDCA – Judy Sewell Sudbury Soils Study
5.
Interviews Northern Life – Martha Dillman The Sudbury Star, Mike Whitehouse Mid‐north Monitor, Craig Gilbert, Staff Reporter Channel 10 News
Vermilion River Stewardship 379 Ronka Rd. Worthington, ON P0M 3H0 (705) 866-1677 Info@VermilionRiverStewards.ca VermilionRiverStewards.ca
15 April 2011 Ministry of Natural Resources 3767 Highway 69 South, Suite 5 Sudbury, ON P3G 1E7 Attention:
Bruce Richard Information & Resource Management Supervisor
Dear Sir: Re:
Vermilion River Dam Proposals
Further to our conversation today where you assured me that Applicant of Record and Site Release would not be addressed, I will restate our concerns. Vermilion River Stewardship is a registered Stakeholder in the four Vermilion River dam proposals, and we are requesting a totally transparent and cooperative process where we have access to and are notified of all important events, information and documentation. Within this present Site Release and Environmental Assessment process, it is not in the best interest of the proponent to supply important information to Stakeholders, and it is not reasonable for Ministry personnel to keep it from the public, or to require a Freedom of Information application to access it. We are requesting the following be made available to us, whether in Draft or Final form, immediately: 1. Minutes of all Meetings between proponent and Ministries. 2. Proposed Operating Flow Levels Report 3. Hydrology Reports 4. MNR Site Description and Concerns Package 5. Engineered Drawings, Modeling & Inputs 6. Any other information pertinent to these projects Please inform of the following: 1. Status and progress of the proposals within the MNR process 2. Notification if and when Proponent signs a Declaration to Proceed 3. Once Declaration to Proceed is signed, how long before an Applicant of Record could be awarded? 4. Please list the possible reasons that would cause MNR to deny an Applicant of Record 1
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and Site Release to the proponent? When does your process provide an opportunity for public input and consultation?
It has come to our attention that the Proponent’s maps at their first PIC in Espanola showed proposed transmission lines, transformer stations, and roads, on private property where owners have not consented and were never notified or consulted. This would appear to be contempt of process and of Stakeholders. Providing an open and transparent process would prevent needless stress, work and annoyances for all concerned, and help create an atmosphere of trust and confidence in the system and the Ministry. Please help us restore democracy to this entire process. We look forward to your response! Sincerely,
Linda Heron Chair, Vermilion River Stewardship Cc:
John Wilkinson, Minister of the Environment Linda Jeffrey, Minister of Natural Resources Gord Miller, Environmental Commissioner of Ontario Ed Tear, Sudbury District Manager, MNR Laurie Brownlee, Environmental Planner & EA Coordinator, MOE Ms. France Gelinas, Nickel District MPP Peter Tabuns, Energy and Environmental Critic, Ontario NDP John Yakabuski, PC Energy Critic Toby Barrett, PC Environmental Critic Mayor Marianne Matichuk, City of Greater Sudbury Rick Bartolucci, Liberal MPP Sudbury Glenn Thibeault, NDP MP Sudbury Jacques Barbeau, Councillor, Ward 2, Sudbury Paul Sajatovic, General Manager, NDCA
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Access/Correction Request Freedom of Information and Protection of Privacy Request for:
X
Name of Institution request made to:
Access to General Records Access to Own Personal Information Correction of Own Personal Information
MNR, Sudbury Office
If request is for access to, or correction of, own personal information records: Last name appearing on records:
same as below
or
Details: 4 Proposed Dams by Xeneca - on the Last Name: First Name: 4 Proposed Dams by Xeneca – on the Vermilion HERON LINDA River
Vermilion River
Address (Street/Apt. No./P.O. Box No./R.R. No.)
City or Town
Province
RONKA RD.
WORTHINGTON
ONTARIO
Postal Code
Telephone Number (s)
Area Code
P0M3H0
866-1677
705
Middle Name:
Mr. Mrs. Ms. Miss.
Area Code
Evening
Detailed description of requested records, personal information records or personal information to be corrected. (If you are requesting access to, or correction of, your personal information, please include your date of birth and identify the personal information bank or record containing the personal information, if known) Note:
If you are requesting a correction of personal information, please indicate the desired correction and, if appropriate, attach any supporting documentation. You will be notified if the correction is not made and you may require that a statement of disagreement be attached to your personal information
I have all the documents available through Xeneca’s website, so am interested in all other documents (reports, correspondence, notices, minutes) pertaining to the 4 proposed dams by Xeneca on the Vermilion River, such as: 1. Minutes and Reports resulting from all meetings between Ministries, Xeneca, and their consultants. 2. MNR Site Information Package (SIP). 3. (Draft and/or Final) Proposed Operating Flow Levels 4. All Hydrology Reports and Requirements 5. All Modeling Inputs 6. Waterpower Applicant Site Declaration Form 7. Water Management Plan 8. Status of Declaration of Intent 9. Applicant of Record and Site Release 10. Environmental Characteristics Report 11. Water Site Strategy 12. WSS Review Letter 13. All DFO, Canadian Environmental Assessment Agency, & Environment Canada Correspondence, Approvals, Reports & Notices. 14. All documents of relevance to any of these 4 proposed dams. When I hear back from Bruce Richard whether I need to pay for this information, I will call to pay the fee by credit card. Thank you!
Prefe.rred method of access to records
Signature
Date
Day
19
Examine Original
Month
April
Year
2011
Recieve Copy EACH SEPARATE REQUEST MUST BE ACCOMPANIED BY THE $5.00 APPLICATION FEE. CHEQUE OR MONEY ORDERS SHOULD BE MADE PAYABLE TO THE MINISTER OF FINANCE.
Personal information contained on this form is collected pursuant to Freedom of Information and Protection of Privacy legislation and will be used for the purpose of responding to your request. Questions about this collection should be directed to the Freedom of Information and Privacy Coordinator at the institution where the request is made.
Addendum 4 - Vermilion River Stewardship – Request Document
PLEASE PROVIDE THE FOLLOWING: 1 2 3 4
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DATE:
XENECA REPLY:
These are in the making and are not yet available. Once complete, they will be posted on Xeneca’s website and stakeholders, including the Vermilion River Stewardship, will be notified. Steph Hodsoll sent to Linda Heron via email.
Project Descriptions for McPherson Falls, Cascade Falls & Soo Crossing. List of dates and newspapers in which all Notices were published. th Answers to questions contained in VRS December 8 , 2010 email message. Date when Public Consultation Meetings will be held.
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02-16-11
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02-10-11
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03-162011 02-16-11
Date Xeneca’s Public Communications Plan was published. Full unedited slide presentation made to Sudbury City Council in September of 2010 made available on your website for download. Date when the Notice of Completion will be published.
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See below. The Wabagishik Rapids PIC will be on March 22 in Espanola. Stakeholders will be notified when other PIC dates are set. (The Project Description needs to be finalized and issued before a PIC can be held.) Xeneca received a draft Public Consultation Plan from one of our consultants in February 2011. It is still under review. Mark Holmes sent to Linda Heron. This presentation is not public domain and will not be posted to Xeneca’s website.
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03-032011 02-11-11
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02-16-11
Details on how you will protect the Inco Public Drinking Water Intake from the sediment and heavy metals churned up daily from the tail race. Details of how you plan to protect the public at the Centennial Park swim area, located very close to the proposed Soo Crossing Dam. Details of how you will protect the passage of fish, spawning grounds, aquatic life, the ecosystem, and natural habitat. Details of how you will protect our endangered species and species at risk. Details of how you plan to generate power throughout several summer months of very low water levels & flow?
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02-16-11
9
02-16-11
This question will be addressed in Xeneca’s Waterpower Class EA. We will study the area in conjunction with the municipality and assess safety issues during the EA process.
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02-16-11
This question will be addressed in Xeneca’s Waterpower Class EA. We will interface with agencies and engage our biological consultants to study this issue.
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02-16-11
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02-16-11
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Answers to all questions and answers generated at the Wanapitei public meeting.
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02-16-11
This question will be addressed in Xeneca’s Waterpower Class EA. We will interface with agencies and engage our biological consultants to study this issue. This question will be addressed in Xeneca’s Waterpower Class EA. The Operating Plans for these projects are now in development and will be presented to regulators for review during the EA process. Question from Xeneca’s Public Information Centres will be addressed in each project’s Waterpower Class EA.
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PLEASE ANSWER THE FOLLOWING QUESTIONS: Will McPherson Falls, Cascade Falls and Soo Crossing all be treated as one System in the EA? What will the minimum committed residual flows over the dams be? What will the full power turbine flow be at each dam?
1 2
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7 8
9
10
11 12
3 4
3 4
03-012011 03-012011 03-012011
This will be done once the Agencies have determined that Xeneca’s Waterpower Class EA is complete. This question will be addressed in Xeneca’s Waterpower Class EA. We will interface with INCO and the municipality during the EA process to study this issue.
Yes. McPherson Falls, Cascade Falls and Soo Crossing all fall under one Waterpower Class EA. Wabagishik Rapids will have its own EA. This will be determined by the MNR and DFO. (Xeneca will propose operating plans for the site as part of the Class EA; these calculations will be done over the next two months.) The proposed generating capacity for Wabagishik is 3.4 MW. The proposed generating capacities for McPherson Falls, Cascade Falls and Soo Crossing will be available once the Project Description is complete.
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Addendum 4 - Vermilion River Stewardship – Request Document
How many times each day will water be held back and then released with modified peaking?
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03-012011
There will always be compensatory flow. It is Xeneca’s intention to operate the project as a ‘modified run of river.’ The details will be in the operating plan, which is currently being developed.
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Addendum 4 - Vermilion River Stewardship – Request Document Vermilion River Stewardship Council – Questions
1. Why were there no public meetings before the dams were approved? Xeneca’s Vermilion River projects have not yet been approved, and we are planning to hold Public Information Centres in the surrounding community in the next months. The PIC for the proposed Wabagishik Rapids is set for March 22 in Espanola. Before any project approvals are granted under the Waterpower Class Environmental Assessment (Class EA), Xeneca must compile and address all stakeholder comment and present scientific research (carried out by environmental consultants) to comply with the rigorous demands of the regulatory agencies. The Class EA is approximately 12-18 months in duration, which provides ample time and opportunity for thorough public consultation, healthy discussion and sound decision making. Once the process is complete, the outcomes of the consultation process are released through the Class EA, which will be available to the public (at municipal buildings, library, through MOE and on Xeneca's website.) 2. What influence will 4 dams have on the river, its ecosystem and the local inhabitants!! -Public safety – if a dam fails, how will it affect those who live downstream? -Fish spawning -Erosion of habitat and river banks -Water levels – these recent dry summers have already had a negative impact on water levels, will these dams bring water levels even lower? Corporately, and as individuals, Xeneca takes very seriously our responsibility to respect the environment and the multiple users for whom the river is an integral part of the community, their livelihoods and their social well-being. The Vermilion River projects are still at a relatively early stage of development, and Xeneca is currently engaging professionals who are conducting environmental studies on the river to ascertain the fish communities and habitat present in the affected reaches of the river system. While projects such as ours can cause some changes, ensuring that impacts on aquatic habitat are avoided or minimized is a very significant part of the development process. All environmental aspects of the project will be scrutinized in great detail. Water levels are not expected to vary significantly from normal seasonal patterns, and river flow will never be stopped. At all times flow must be maintained at level to ensure ecological integrity. Additional flooding is confined to the areas adjacent to the existing river and floodplain. Safety of the project is of paramount concern and will be addressed in parallel with the EA process. Xeneca is hiring a qualified independent third party engineering firm to conduct a safety audit of its projects to ensure safety is paramount. Further, Xeneca will fully comply with all regulations applicable to operation of a waterpower facility. Again, the outcomes of the consultation process will be available once the Class EA is prepared and issued for public review.
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Addendum 4 - Vermilion River Stewardship – Request Document
3. Has there been an Environmental Assessment study completed?
No, the EA is underway. We are currently in the information gathering stage of the Class EA process. Throughout the process, opportunity will be offered to express opinions, concerns, support or opposition. All stakeholder input, including First Nations, Town officials, federal and provincial government agencies, environmentalists, kayakers, anglers, hikers, bird watchers or simply interested local residents, become part of our decision making process. There are no permits or approvals associated with this Waterpower Class EA. The EA is a binding process; it is a contract with the community and the citizens of Ontario. Xeneca has every interest in making sure the project proposed honestly reflects what will be built. 4. How will these dams improve or benefit our local economy – will any share of the profits go back to the local Community? The return to the economy of Canada will be upwards of $5 million per megawatt over a 40-year period. In addition, royalties, taxes, fees and leasing revenues which are returned to the municipality. For the Wabagishik Rapids GS, this would equal $17 million over a 40-year operational period. First Nation Communities also stand to benefit significantly from renewable energy projects across Ontario. Several programs are in place through which Communities can participate and earn long-term revenue streams, jobs and skills development.
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A^J\
ffi
NICKEL DISTRICT CONSERVATION AUTHORITY OFFICE DE PROTECTION DE LA NATURE DU DISTRICT DU NICKEL 200, rue Brady Street, Sudbury, Ontario P3E 5K3 (705) 674-7939 Tel: (705) 674-5249
lFax:
www.
n ic
ke I d i str i ct. ca
Aprll 4,2011
Ms. Linda Heron, Chair Vermilion River Stewardship 379 Ronka Road Worthington, ON POM 3HO
Dear Ms. Heron: Re: Xeneca Power Development Inc.(Xeneca)-
Vermilion River Hydroelectric Generating Proposal Thank you very much for your letter dated February I ,2071 which was directed to the Nickel District Conservation Authority (NDCA) and Greater Sudbury Source Protection Authority (GSSPA.) Your letter and the contents were reviewed and discussed at the March 3I,20lI meeting of the NDCA General Board. The following comments are provided in response to your letter based on direction from the NDCA General Board. The NDCA is very interested in the proposal by Xeneca to develop three generating stations on the Vermilion River within our watershed area. The NDCA like many other regulatory agencies has a role to play in the review and consideration of this development proposal. The NDCA can only address the proposal based on our mandate as contained in the Conservation Authorities Act and the Clean Water Act, 2006 were applicable. The NDCA must have the opportunity to review detailed environmental and hydrological information and meet with Xeneca representatives along with other regulatory agencies before it will be able to make specific comments related to the proposal to develop the three generating stations. It is therefore premature for the NDCA to take action in response to any of the requests outlined in the letter from the stewardship group.
However please be assured that the NDCA/GSSPA are following this matter very closely. Further in order to ensure ongoing contact with you and the stewardship group, the NDCA would invite you to attend a General Board meeting if you wish. The monthly meeting dates for the NDCA General Board are posted on our website. Should you wish to appear before the General Board I would require a written or e-mailed notice seven days in advance of the meeting date.
A member of Conservation Ontario Membre de Conservation Ontario
Member Municipality: City of Greater Sudbury Municipalit6-membre: Vrlle du Grand Sudbury
Page 2
Aprrl4,2011 Ms. Linda Heron
Thank you very much for your letter. Please feel free to contact me at anytime to discuss this matter further. Should you want to meet with me at any'time at the NDCA office please contact me and I will immediately arrange a mutually convenient day and time to meet with you.
Yours truly,
t*st
9.oJ"-"
Paul N. Sa.jatovic General Manager/S ecretary-Treasurer
cc. NDCA/GSSPA Chair Rogers and Members Mayor Matichuk and Councillors, City of Greater Sudbury.