Environmental Planning and Compliance Strategies for Mattagami Extensions Project

Mattagami Extensions Coordinating Council (MECC) February 2011

WPID Work Package Title Responsibility 1 Environmental Planning and Coordination OPG 2 Mattagami Extensions Coordinating Council (MECC) and Environmental OPG, MCFN and TTN Working Group (EWG) Activities 3 Environmental Approvals Hatch 4 First Nations Employment and Training SENES 5 Heritage Resources SENES 6 Fisheries and Hydrology Hatch 7 Erosion Hatch 8 Terrestrial, Waste, Noise, Decommissioning Hatch 9 Socio-Economic SENES 10 Effects Monitoring Hatch 11 Cumulative Effects Assessment SENES 2

Establish a protocol and methodology that will ensure that all environmental requirements for the Lower Mattagami River Project (LMRP) will be met. These environmental requirements are defined as: Provincial EA Terms and Conditions of Approval; Commitments identified in the Provincial and Federal EA; Regulatory permits and approvals; and, EA amendment process. 3

Environmental Assessment (EA) Terms and Conditions (T&Cs) Compliance Plan EA Commitments Compliance Plan Permit and Approvals Compliance Plan EA Variances and Amendments. 4

The original LMRP EA was approved by the Ministry of the Environment (MOE) on December 15, 1994. The Approval was conditional upon 24 T&Cs. Based on the information provided by MOE, Ontario Power Generation (OPG), Moose Cree First Nation (MCFN), and Taykwa Tagamou Nation (TTN) an interpretation of the specific EA T&Cs has been developed resulting in the EA Terms and Conditions Compliance Plan . After review by the MECC of the draft EA Terms and Conditions Compliance Plan, the Plan will be finalized. 5

Includes: The actions/deliverables that will be completed or produced to meet each respective Term and Condition. The anticipated approval/acceptance process associated with each Term and Condition. Please note: the follow slides containing the EA T&Cs have been paraphrased for purposes of this presentation only and do not constitute the actual legal/approved wording of the EA T&Cs. 6

Deliverable Date General 1. May 14, 2010 the Minister of the Environment established the MECC as a committee. Establishing the MECC Re-Evaluation of the MECC Aboriginal Self Government MECC Characteristics Status (MECC to be incorporated) a) Ongoing To be completed by the MECC, as the MECC feels appropriate. b) Project agreements with MCFN and TTN have addressed this condition. c) d) Feb 2011 To be established in the MECC Terms of Reference, i. May 14, 2010 the Minister of the Environment established the MECC as a committee and identified its membership. Composition ii. Feb 2011 To be established in the MECC Terms of Reference, Powers and Decision-Making Authority iii. Established in MECC Nov. 17, 2010 meeting. TTNs sub is John Archibald , MCFN sub is Jocelyn Cheechoo , and OPGs sub is Ed Naval. Substitutions (FN substitute must be a member of same FN community. Only OPG can have an employee sub.) iv. Quorum (no. of members) May 14, 2010 the Minister of the Environment established the MECC as a committee and identified its membership. v. MECC mandate to ensure compliance implies a need to review, oversee and evaluate monitoring, mitigation, methods, studies, and environmental management plans (see list of Plans and Reports on handout). Ongoing Mandate vi. Restructuring vii. OPG replaced Ontario Hydro, no restructuring required. Office viii. Ongoing MECC to determine location of head office (ex. MCFN Offices in Timmins). Financing ix. Ongoing OPG to provide financing as required. 7

Deliverable Date General continued . MECC Characteristics continued . 1. d) Staff (MECC shall be provided with necessary staff) x. Ongoing At the discretion of the MECC Chair. Dec 2011 annually OPG will submit annual work plans and a budget. The Reports will be made available on MECC Website . The reports will be in English, and in Cree (when appropriate) Reports xi. Meetings xii. MECC will establish a meeting schedule to ensure it meets at least 4 times in one year and makes at least meeting per year in the communities of Moose Factory and New Post. Ongoing Language at meetings (English and Cree shall have equal status at MECC meetings) xiii. To be established in the MECC Terms of Reference, expected to be finalized by Feb 2011. Feb. 2011 Information OPG will provide information to the MECC as required. Ongoing xiv. To be established in the MECC Terms of Reference, expected to be finalized by Feb 2011. Feb. 2011 Good Faith xv. 8

Deliverable Date 2. Heritage Resources Ground survey to identify sites of cultural, historical, spiritual, or other importance to First Nations (FN). Heritage Resource Protection Plan. OPG to provide funding for the establishment of a cultural/historical centre. OPG to provide funding for a Cree Regional Map. Artifacts to be deposited in the cultural/heritage centre. OPG shall undertake an archaeological investigation of Smoky Falls GS. OPG shall take steps to secure historical info./artifacts at Smokey Falls GS. a) The work being conducted with SENES and Billy Isaac and Mike O Connor will fulfill this condition, in addition to parallel work being conducted by TTN. Once completed FNs will look at the possibility of having a historian to compile the information to ensure the final product is suitable to use as a learning tool. Ongoing, anticipated completion 2012-2013 Date for presentation of the plan to MECC will be discussed at the Environmental Effects Monitoring Workshop b) EWG will review the Heritage and Archaeological Resource Plan and present to the MECC on this topic. Ongoing, anticipated completion 2012-2013 c) The work in 2(a) will address this condition. EWG will clarify if Cultural/Historical Centre can be the same one as proposed in the Amisk-oo-skow agreement. Ongoing, anticipated completion 2012-2013 d) The work in 2(a) will address this condition. Ongoing, anticipated completion 2012-2013 e) The EWG hopes to protect any artifacts present in the region (region defined as the Lower Mattagami Complex) through the cultural heritage buffer area. f) Date for presentation of the plan to MECC will be discussed at the Environmental Effects Monitoring Workshop The work in 2(b) will address this condition. g) Date for presentation of the plan to MECC will be discussed at the Environmental Effects Monitoring Workshop The work in 2(b) will address this condition. John Pollock (Heritage Consultant) will obtain a letter from the Museum to acknowledge receipt of any artifacts. This will be provided to the MECC. 9

Deliverable Date 3. Visual and Aesthetic Impacts Re-vegetation work and monitor for 15 years after completion. Consultation with FN on visual and aesthetic concerns. Smokey Falls design to take into consideration the existing generating station (GS). Consultation and collaboration with FN on 7 km transmission line. EWG will provide copies of Site Rehabilitation Plan to MECC once received from DB Contractor. a) July 2013 b) The EWG will review the aesthetic and visual considerations provided by the DB Contractor in various CEMPs (i.e., Habitat Protection and Compensation Plan, Site Rehabilitation Plan, etc.) and building designs (LEED certification) and present to MECC. FN consultation satisfied through EWG review. On-going - dates for presentation to MECC anticipated following September 2011. c) On-going - dates for presentation to MECC anticipated following September 2011. Same as 3 (b) above. d) The EWG accepts the upgrading of the existing transmission line, as per the EA variances, as along as herbicides are not utilized along this corridor (condition of consent) for vegetation management. 10

4. Hydrology, Fish and Aquatic Habitats a) Optimization of the operating regime. b) OPG shall obtain baseline data and monitor the aquatic environment. c) OPG shall conduct a costs benefit analysis of mitigating and reducing spill in Adam Creek. d) OPG shall maintain a daily average flow of 100 cms below Kipling. e) OPG shall pursue ways of mitigating the current problems of releasing water down Adam Creek. Deliverable Date The Operation Report, completed on Sept. 2008. EWG will presented to the MECC by the EWG. May 2011 EWG will review and present the Fish Habitat Assessment Report and Baseline Fish Methyl Mercury Report to the MECC. May 2011 The report entitled Costs Benefit Analysis of Mitigating and Reducing Spill in Adam Creek was completed on July 2008. The report will be present to the MECC by the EWG. May 2011 DFO and MOE have signed-off on OPGs operation approach. May 2011 Fulfilled through condition 4(c) above. 11

Deliverable Date 5. Terrestrial Ecology OPG shall ensure restrictions on hunting and fishing. Evaluate the need of terrestrial habitat restoration downstream from Kipling GS. Aboriginal Employment Strategy: OPG shall hire FN to fulfill (a). Access for infrastructure is decommissioned and/or controlled. The MCFN and TTN are working together to provide these restrictions. The EWG will also review the Habitat Protection and Compensation Plan and will provide comments to MECC. a) March 2011 EWG will review the report entitled Terrestrial Habitat Restoration Downstream of Kipling GS, March 2009 , and determine if restoration is warranted. The EWG will present to the MECC a list of alternatives or actions to be taken by OPG. b) June 2011 Once restrictions are established, this condition will be clarified. June 2011 c) July 2013 Once developed, the EWG will review the Access and Infrastructure Decommissioning Plan and present it to the MECC. d) 12

Erosion and Sedimentology 6. Deliverable Date OPG shall collect baseline information and implement a monitoring program to test 2 hypothesis: 1. The EWG to prepare and provide Erosion Monitoring Framework to be discussed at the Environmental Effects Monitoring Workshop at which the MECC will be present. 1. April 2011 Reducing flows to Adams Creek will reduce erosion. 1. 2. June 2011 2. The EWG will prepare an Environmental Effects Monitoring Plan for submission to the MECC for review. 3. TBD following Environmental Effects Monitoring Workshop. Reducing erosion in Adams Creek will increase erosion in the Mattagami River downstream of its confluence with Adams Creek 2. 3. The EWG will provide the erosion study reports and the annual monitoring reports to the MECC for review. 13

Deliverable Date 7. Mercury OPG shall conduct baseline studies and monitoring to test the hypothesis that the LMRP will not increase levels of methyl mercury in fish. a) A report summarizing the results of baseline fish methyl mercury tests from 2008 and 2009 is currently being prepared. March 2011 Jointly with FNs, OPG shall plan and implement a Public Information Program to inform FNs and others. . EWG will develop a Public Information Program to inform the FNs and others of the outcome of the baseline studies. Once completed, EWG will present this to the MECC. Sept 2011 b) 14

Deliverable Date 8. Cumulative Impacts OPG shall provide to the MECC data to assist the creation of baseline data which can lead to the development of a cumulative impacts study. a) A cumulative effects study was conducted as part of the Federal EA. EWG will provide the cumulative effects data developed during the Federal EA to the MECC for review. July 2011 MECC shall employ best efforts to ensure that an assessment of the cumulative effects is done. b) 15

9. Employment and Contracting OPG shall promote and provide employment and contracting benefits to FNs by the following means: a) Undertake a joint process with FNs to agree upon a Lower Moose River Basin (LMRB) Aboriginal Employment Strategy and Implementation Plan by the earlier of: i. 6 months after notification from OPG to proceed with the LMRP. ii. Prior to the commencement of construction or field work. b) The Strategy shall include FN enterprises from the LWRB. c) Subject only to the availability of interested FNs from the LMRB. d) OPG commits to meaningful and permanent employment of FNs from the LMRB. e) Failure to complete a strategy and implementation plan, the parties shall submit to the MECC the outstanding issues for mediation. This condition is outside the scope of the EWG. It is suggested that the MECC follow-up with the Employment and Training Working Group. 16

10. Periodic Reviews Deliverable Date When requested by the Minister of the Environment and the FNs Governments, on the recommendation of the MECC, OPG shall conduct periodic re-evaluations of the environment effects of the LMRP. June 2011 The scope of re-evaluation will be determined at the Effects Monitoring Workshop (April 2011). EWG will present the results of the recommendations to the MECC. 17

Deliverable Date 11. Decommissioning Plan Prior to initiation of construction of the LMRP, OPG shall provide information, to the satisfaction of the MECC, on the safe decommissioning of the LMRP . a) The report entitled Hydroelectric Generating Facilities Decommissioning Plan was provided to the MECC in June 2010. 18 months prior to decommissioning OPG shall submit to the MECC a decommissioning plan. b) EWG will provide a Decommissioning Plan 18 months prior to any decommissioning. 18 months prior to any decommissioning. 18

12. Amendments to Water Power Leases Should Ontario and OPG negotiate to amend the water power leases and licenses of occupation and any other agreements, the FNs shall be consulted. At this time this condition is not applicable. 19

13. Aboriginal Knowledge Deliverable Date OPG shall, in its studies, monitoring, and other activities in relation to the LMRP accord aboriginal knowledge (aka; Traditional Ecological Knowledge) a status equal to other forms of knowing, understanding, and predicting. Ongoing and June 2011 - Environmental Effects Monitoring Plan MCFN and TTN are working towards identifying how TEK will supplement the monitoring program. This will be initially developed during the Effects Monitoring Workshop (April 2011), and will continue to be incorporated as information becomes available. 20

14. Permit Review and Compliance Monitoring Protocol a) With the assistance of the MECC, OPG and FNs shall establish and implement a protocol, including training where required, with the following objectives: i. Monitoring OPGs compliance with these T&Cs, and with other T&Cs associated with the LMRP which may have significant impact to FNs as defined in the Interim Measures Agreement, Nov. 1990 (Appendix 1). ii. FNs participation in pre-consultation in relation to the T&Cs. b) The FNs shall report from time to time to the MECC on the results of their monitoring activities. c) The protocol shall address its relationship with the Interim Measures Agreement, Nov. 1990 (Appendix 1). and shall be completed no later than 12 months after the approval of the LMRP. Deliverable Date 1. Compliance monitoring to be carried out EWG 2. This process is outlined in the Terms of Reference for the EWG. 3. The EWG will develop the Environmental Monitoring Plan, Lower Mattagami Development , following the Environmental Effects Monitoring Workshop. This Plan will be presented to MECC. 1. Ongoing 2. Completed 3. June 2011 Ongoing This condition is fulfilled through the FNs involvement with the EWG. Ongoing This condition is fulfilled through the protocol established in 14(a). 21

15. Duration of Approval A Declaration Order granted on Dec. 8, 1999, extended the EA approval for another 5 years. Approval of the undertaking under the Environmental Assessment Act shall terminate if construction has not commenced within 5 years from the date of this approval (Dec. 15, 1994). On June 13, 2005, a letter from the Minister of the Environment further extended EA Approval (by extending the above Declaration Order) to Dec. 15, 2005. On Dec. 14, 2005, the Minister of the environment extended the EA approval again (by further extending the Declaration Order) to June 15, 2010. On May 27, 2010, OPG wrote a letter to the Minister of the Environment indicating its intent to proceed with the LMRP. Dec 14, 2005 May 27, 2010 Dec. 8, 1999 June 13, 2005 22

16. Approval of Phasing This condition will not apply if construction starts and is completed within 5 years. Upon commencement of construction, approval to construct any part of LMRP shall expire within 5 years. The Minister of the Environment, with recommendation from the MECC may extend the term of the approval based on the review and approval of an EA status report. 23

17. Provisions of the EA Deliverable Date OPG shall carry out the LMRP in accordance with the provisions of the EA. The provisions of the EA will be carried out in part, directly by OPG/MCFN, and indirectly by DB Contractor who agree to EA commitments as part of their contract. Ongoing 24

18. Noise Control Deliverable Date OPG shall comply with the Protocol for Community Noise Control, 1981 for all phases of the undertaking. The EWG will review the revised Noise Management Plan and consult with MECC if there are any concerns. April 2011 25

19. Domestic Waste Deliverable Date OPG shall ensure that domestic wastes are collected and disposed of at an approved waste management facility. The EWG will review the Waste Management Plan to be completed by the DB Contractor April 2011 26

20. Contractors The method of ensuring that contractors are aware of and abide by T&Cs and other environmental approvals will be via the contract specifications and monitoring of conformance to those specifications. OPG shall ensure the contractors and the subcontractors are aware; and abide by, all T&Cs. 27

21. Flooding Deliverable Date OPG shall prevent the release of mercury as a result of flooding on Smoky Island by dry excavation of all soil and vegetation down to bedrock prior to blasting for the new intake. MECC shall be provided with detailed implementation plans, including wetted area, and mitigative measures for its review. OPG shall carry out and report to the MECC on a study evaluating the success of this mitigative measure. Construction monitoring and proper implementation of workplans will ensure that there is no flooding of soil or vegetation. Ongoing 28

22. Community Impacts Deliverable Date Community Impact Agreements (CIA) shall be negotiated between OPG and affected parties, including FNs, Moosonee Development Area Board and affected municipalities, and shall be completed prior to commencement of any construction. Failing the completion of any agreement, the parties shall submit to the MECC the outstanding issues for mediation. This T&C is outside of the EWG mandate. This condition will be fulfilled by OPG. Ongoing 29

23. Amending Procedures Deliverable Date OPG shall follow the procedure in Section 2.2.1 of the EA, in consultation with the MECC. This T&C is addressed through the EA Variance protocol and is currently being followed. Ongoing 30

24. Waste Disposal Rock Deliverable Date OPG shall supply MOE and MNR with details associated with the disposal of the 250,000 m3 of waste rock created from the excavation of the intake channel, intake, penstocks, power-house and tailrace areas of the new Smoky Falls GS. The EWG will review the Waste Rock Management Plan prior to presentation (as required) to the MECC. May 2011 31

Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec MECC Terms of Reference to be finalized Annual workplans will be submitted by the EWG to the MECC. MECC shall prepare its workplans and budgets based on OPGs and EWGs projected workplans and annual reports. Draft of Traditional Ecological Knowledge in relation to the Lower Mattagami River Project. Environmental Effects Monitoring Workshop EA Terms and Conditions Environmental Compliance Plan EWG Review and Submission to MECC. EWG presentation to the MECC the LMRP Operations Report (fulfills Condition 4(a) of EA T&Cs). EWG present to the MECC Fish Habitat Assessment Report , and Baseline Fish Methyl Mercury Report (fulfills Condition 4b. of EA T&Cs). EWG present to the MECC Cost Benefit Analysis of Mitigating and Reducing Adam Creek Spill (fulfills Condition 4(c) and (e) of EA T&Cs). EWG present to the MECC the methods and means of ensuring that restrictions on hunting and fishing (fulfills Condition 5(a) and (c) of EA T&Cs). EWG present to the MECC Terrestrial Habitat Restoration Downstream of Kipling GS (fulfills Condition 4b. of EA T&Cs). EWG present to the MECC a Public Information Program to communicate the results of fish methyl mercury baseline reports (fulfills Condition 7(a) and (b) of EA T&Cs). EWG present to the MECC the cumulative effects data developed during the Federal EA process (fulfills Condition 8(a) and (b) of EA T&Cs). EWG present to the MECC the results and recommendations of periodic re-evaluations (fulfills Condition 10 of EA T&Cs). EWG present to the MECC Hydroelectric Generating Facilities Decommissioning Plan (fulfills Condition 11(a) of EA T&Cs). EWG present to the MECC The Noise Protocol Plan (fulfills Condition 18 of EA T&Cs). 32

Appendix 1: Interim Measures Agreement 33