The Government of Canada’s Response to the Environmental Assessment Report of the Joint Review Panel on the Dunvegan Hydroelectric Project (Archived)

Glacier Power Ltd. (Glacier) is proposing the Dunvegan Hydroelectric Project (Project). The proposed Project includes the construction and operation of a 100 megawatt, low head, modular, run-of-river hydroelectric facility. The proposed Project is located about 2 km west of Highway 2 Bridge crossing, at Dunvegan Historic Park, Alberta.

In October 2006 Glacier filed an environmental impact assessment with authorities in order to obtain the necessary government approvals. This included an application (Application No. 1485454) with the Alberta Utilities Commission (AUC) pursuant to Alberta Utilities Commission Act and the Hydro and Electric Energy Act and the Natural Resource Conservation Board (NRCB) pursuant to the Energy Resource Conservation Act, and Alberta Environment (AENV) under the Alberta Environmental Protection and Enhancement Act.

An environmental assessment of the Project was undertaken jointly with Alberta under the Canada – Alberta Agreement for Environmental Assessment Cooperation.

The Project requires: (i) Fisheries and Oceans Canada (DFO) authorization pursuant to section 32 and subsection 35(2) of the Fisheries Act; and (ii) Transport Canada (TC) approvals pursuant to section 5(1) of the Navigable Waters Protection Act. Prior to the issuance of any federal approvals it was necessary to conduct an environmental assessment for the Project under the Canadian Environmental Assessment Act (CEAA).

A Canada – AUC/NRCB environmental assessment Panel (the Panel) considered the applications at a public hearing held in Fairview, Alberta from September 22 to 26, 2008.

The Panel issued its report on December 22, 2008. With regard to its responsibilities under CEAA and to its terms of reference the Panel concluded that, given Glacier has committed to implement mitigation measures, monitoring and adaptive management, the Project is not likely to cause significant adverse environmental effects.

The Panel recommendations to the Government of Canada are addressed through this federal response, as proposed to be approved by the Governor in Council, and in consultation with other federal agencies, pursuant to subsection 37(1.1) (a) of CEAA.

The Panel report contains thirteen recommendations to the Government of Canada. These recommendations directly reflect the Government of Canada’s hearing submission. The Panel recommendations to Canada addresses the following issues: the design and implementation of monitoring programs for fish and fish habitat; the design and implementation of adaptive management strategies and plans; the verification of additional modeling and monitoring results, fish habitat losses and habitat compensation; and navigation.

The Government of Canada accepts the conclusions of the Panel as presented in the report. In preparation of this Government of Canada Response, DFO and TC, as the Responsible Authorities (RAs) under CEAA, considered the report submitted by the Panel.

The Government of Canada, through the RAs under CEAA, will ensure the implementation of the mitigation measures identified through the CEAA environmental assessment process. DFO will ensure that mitigation measures and habitat compensation initiatives related to fish and fish habitat are set out in the authorizations to be issued under the Fisheries Act. TC will ensure that mitigation initiatives related to navigable waters protection are set out in the approvals issued under the NWPA. As well, the RAs will design an appropriate follow-up program and ensure its implementation, under federal jurisdiction, as required by the CEAA. The results of the follow up programs may be used for implementing adaptive management measures.

The federal government will work with Glacier Power, Government of Alberta, First Nations and Métis, and regional stakeholders to carry out the recommendations in the Panel report as noted in the response.

The Panel lists thirteen recommendations specific to the Government of Canada. In relation to these, the Government of Canada states the following:

Recommendation 1

That Glacier implement an ongoing construction monitoring program, to the satisfaction of DFO, aimed at the successful implementation of the construction mitigation measures, and to monitor their effectiveness.

Response:

The Government of Canada accepts this recommendation.
DFO recommended that Glacier implement a fish and fish habitat compliance and effectiveness monitoring program specific to the construction phase of the project. DFO is committed to working with Glacier to develop their fish and fish habitat monitoring program and ensuring that the monitoring program is implemented.

Recommendation 2

That if monitoring reveals any problems regarding mitigation measures or fish passage during construction, an adaptive management plan will be implemented to the satisfaction of DFO.

Response:

The Government of Canada accepts this recommendation.
DFO is committed to working with Glacier and the Government of Alberta to design an adaptive management plan which addresses potential issues regarding mitigation measures or fish passage during construction. Should monitoring identify any issues related to fish and fish habitat during construction, DFO will ensure the implementation of the adaptive management plan.

Recommendation 3

That Glacier complete additional near field modelling of the trash racks and the submerged vertical slot located at the upstream end of the fishway to the satisfaction of DFO.

Response:

The Government of Canada accepts this recommendation.
DFO will ensure that Glacier completes any additional near field modelling of the trash racks and submerged vertical slots intended to make these structures protective to fish that is to DFO’s satisfaction.

Recommendation 4

That a review of post-construction monitoring of the upstream fish passage be conducted and if necessary, an adaptive management plan implemented to the satisfaction of DFO.

Response:

The Government of Canada accepts this recommendation.
DFO is committed to reviewing Glacier Power’s post construction monitoring plan and monitoring results. The Government of Canada is also committed to working with Glacier Power to design an adaptive management plan, and ensuring the implementation of adaptive management, if required, to reduce impacts to fish and fish habitat.

Recommendation 5

That Glacier continue to work with DFO and Alberta Sustainable Resource Development (ASRD) to finalize a comprehensive monitoring program for the upstream and downstream fish passage systems to inform adaptive management strategies and achieve effective fish passage.

Response:

The Government of Canada accepts this recommendation.
The Government of Canada is committed to working with the Government of Alberta, and Glacier to finalize a comprehensive monitoring program which includes adaptive management to reduce impacts to fish and fish habitat.

The Government of Canada notes that this recommendation is similar to Recommendation #1 to the Government of Alberta.

Recommendation 6

That Glacier develop and implement an ongoing monitoring program, to the satisfaction of DFO, aimed at verification of predictions related to fish migration and fish population impacts for mountain whitefish and bull trout from the Project.

Response:

The Government of Canada accepts this recommendation:
DFO is committed to working with Glacier to help develop their monitoring program. DFO will ensure that Glacier develops and implements a monitoring program for fish migration and fish population impacts which includes species such as mountain whitefish and bull trout. DFO is also committed to reviewing and commenting on the results of Glacier's monitoring program.

Recommendation 7

That Glacier develop and implement an adaptive management plan, to the satisfaction of DFO, intended to minimize effects, if any issues are identified regarding effect to local fish populations during the fish population monitoring.

Response:

The Government of Canada accepts this recommendation.
DFO is committed to working with Glacier in the design of their adaptive management plan. DFO will ensure that Glacier develops an adaptive management plan to address unanticipated impacts to fish and fish habitat. Should the monitoring program identify any issues related to local fish populations, DFO will ensure that the adaptive management plan is implemented.

Recommendation 8

That Glacier develop and implement an ongoing monitoring program, to the satisfaction of DFO, aimed at verifications of predictions related to burbot migration and impacts through the project area.

Response:

The Government of Canada accepts this recommendation:
DFO is committed to working with Glacier to design a monitoring program that will verify Glacier’s predictions of impacts to fish and fish habitat, including burbot migration. DFO will ensure that the monitoring program is implemented and will review the results of the monitoring.

Recommendation 9

That Glacier develop a burbot study. The purpose of the study is to gain a better understanding of the impacts that a lack of winter movement may have on the resident burbot population.

Response:

The Government of Canada accepts this recommendation:
DFO will ensure that Glacier develops and implements a burbot study suitable to gain a better understanding of the impacts from a lack of winter movement on burbot populations.

Recommendation 10

That Glacier prepare an adaptive management strategy to address potential fish passage blockages and/or turbine mortality issues for burbot and, should monitoring indicate a negative effect, implement this strategy to the satisfaction of DFO.

Response:

The Government of Canada accepts this recommendation:
DFO will ensure that Glacier designs an adaptive management strategy to address all potential issues regarding fish passage blockages and /or turbine mortality. Should monitoring indicate negative effects from fish passage blockages and/or turbine mortality issues for burbot, DFO will ensure that the adaptive management strategy is implemented.

Recommendation 11

That Glacier continue to work with ASRD and DFO to finalize the No Net Loss Plan to include designs, construction activities, schedules, monitoring, contingencies and amount of financial security required to achieve permanent fish habitat gains that offset direct fish habitat losses.

Response:

The Government of Canada accepts this recommendation:
DFO will continue to work with the Government of Alberta and Glacier Power to finalize a comprehensive No Net Loss Plan (NNLP) which references mitigation measures to reduce the harmful alteration, disruption or destruction of fish habitat, and includes compensation measures to offset any unavoidable loss of fish habitat The finalized NNLP will include detailed designs, construction activities, schedules, monitoring, contingencies and financial security.

The Government of Canada notes that this recommendation is similar to Recommendation #2 to the Government of Alberta.

Recommendation 12

Monitoring should include an ongoing evaluation of impacts from headpond formation on fish and fish habitat. The monitoring plans should be designed and implemented by Glacier to the satisfaction of DFO. Should monitoring of the headpond indicate negative impacts to fish and fish habitat, Glacier will be required, to the satisfaction of DFO, to plan, construct and maintain additional habitat compensation to offset impacts within the headpond area.

Response:

The Government of Canada accepts this recommendation:
DFO will ensure that Glacier’s monitoring program will include an ongoing evaluation of impacts from the headpond formation on fish and fish habitat. If the monitoring program identifies negative impacts to fish and fish habitat, Glacier will be required to plan, construct and maintain additional habitat compensation to offset the impacts within the headpond area. Any fish habitat compensation proposed will conform to the Department’s Policy for the Management of Fish Habitat.

Recommendation 13

That Glacier continue to work closely with Navigable Waters Protection Officials to finalize the design and operation elements of the proposed works to ensure that they are carried out in accordance with the requirements of the Navigable Waters Protection Act and associated regulations.

Response:

The Government of Canada accepts this recommendation:
TC will continue to work with Glacier Power on the development of the lock operation procedure and other navigational safety requirements. TC will require that any adaptive measures (construction of fish habitat) must be submitted for Navigable Waters Protection Program review prior to placement within the waterway.