Preserving Our Lifeline

Preserving Our Lifeline working together to nurture, renew and protect the waters of the bow river basin Follow us @BowRiverWPAC facebook.com/BowRiverBasinCouncil www.brbc.ab.ca Volume 21 | Issue 2 June 2021 BRBC Workshop Summary: Gravel Pit Impacts on Watershed Resilience – The Approval Process and the Science Dr. Judy Stewart, Chair Alberta Environment and Parks (AEP) Expectations and processes for BRBC Legislation and Policy Committee presented an introduction on the applications will be laid out clearly [email protected] "Gravel Pits Approval Process on for proponents in a digital system Private and Public Land." This included that is data and geo-spatially driven. information about the emerging Data provision and collection Earlier this year, in place Regulatory Assurance Framework, as during application and operation of their annual in-person well as how an operator of a pit would will provide understanding of the plan for, apply for and operate a pit on activity and environmental context workshop, the BRBC both private and public land. throughout the lifetime of a project. Legislation and Policy Committee held a two-part The Regulatory Assurance Collection of information Framework being developed will specific to identified outcomes online workshop, "Gravel modernize AEP’s environmental and requirements occurs during Pit Impacts on Watershed regulatory system, and provides a application and throughout the Resilience." foundation for enabling economic Operate and Report phase. Where development while ensuring a proposed activity hits triggers, environmental outcomes. The further risk assessment and review stages of the system are Discovery, Part 1, held on March 12, focused Application, Review, Decision, Operate on approval processes for reviewing and Report and Closure. The strategic Continued on page 2 and approving gravel pit operations shift will have more focus on accurate on both private and public land, and and complete applications and was attended by over 75 participants. operation and reporting phases than IN THIS Part 2, held on April 13, presented a in the past. scientific perspective to impacts of Issue gravel pits on watershed resilience, The Digital Regulatory Assurance 1 BRCB Legislation & Policy and about 60 people participated in System will be the technological Committee Workshop Summary that workshop. backbone of the transformed 4 City of Calgary Stormwater regulatory system, enabling clear Project - Dale Hodges Park Part 1 Summary application expectations, expedient Wetland decision making and straightforward 8 AGENDA: BRBC June Forum Julie Self and Terrina Perley from environmental monitoring. “... while a draft guide for the Surface Water Body Aggregate Policy Page 2 has been developed, approval to release the draft is underway.” Continued from page 1 are required. Additional monitoring and reporting requirements may be required throughout lifetime of the activity. Closure and reclamation processes were also discussed briefly. Terrina provided an overview of the laws, regulations, guidelines and codes of practice that are applicable to pits on both private and public lands. This included highlighting differences in regulation between public and private lands, and where the rules are applicable regardless of the type of land, such as in the case of floodplains Photo: Mike Murray and the Water Act. As well, she provided a link to the Authorization Viewer that citizens can access to find when reviewing applications for provided many insights into the approval documents for Water Act and development permits for gravel pits rigour used by gravel pit companies EPEA approvals (https://www.alberta. unless they have specifically created to determine if there are sufficient ca/authorizations-issued-under-the- policies and procedures in that regard gravel deposits to make an application wateract-or-epea.aspx), and noted such as aggregate development worthwhile from an economic that there is also a tab that provides policies, development setbacks standpoint. Lesley also went through information on Public Notices under from water, policy overlays or other the complex application process that the Water Act. Of particular interest similar planning documents.’ AEP is operators must follow when applying to participants, Terrina explained that the regulatory body that approves to develop and operate a pit near while a draft guide for the Surface disturbances of water bodies and a water body. Lesley’s information Water Body Aggregate Policy has been use of water in gravel operations. included the consultation process developed, approval to release the She explained that there are many both before and after approvals have draft is underway. gaps in the approval system and been issued. She also explained the that it is difficult for citizens to reclamation and closure process from navigate through the complexity and an operator’s perspective. Judy Stewart then provided a brief overlapping laws, regulations, bylaws, overview of a paper she wrote for the codes of practice and policies, such Canadian Institute of Resources Law Part 2 Summary as the Surface Water Body Aggregate in 2019 entitled "A Citizen’s Guide Policy. to Aggregate Extraction in Alberta." The workshop about approval The paper is written for Albertans processes set the stage for discussing who are trying to navigate through Finally, Lesley Foy from the the impacts of gravel pit operations the complex regulatory system for Alberta Sand and Gravel Association on water bodies and groundwater gravel pit approvals. Judy covered presented "Applying to Operate a systems from a scientific perspective. off some of the more common Pit - The Process and Considerations First up were a trio of experts from the issues faced by municipal councils When Near a Water Body." Lesley Department of Fisheries and Oceans when deciding to approve gravel explained that applicants for gravel (DFO), Raymond Jolicoeur, Lee-Ann pits on private lands where adjacent pit approvals follow the processes Smith & Brandi Mogge who presented landowners may be impacted by provided by provincial regulators and operations. She explained that municipal development authorities ‘generally, municipalities do not where the land is located, as well as address the proximity to water issues their own company process policies Continued on page 3 and procedures. Lesley’s presentation “... decision makers need to take a precautionary approach to approving gravel operations near water bodies.” Page 3 Continued from page 2 an “Overview of the Fisheries Act, Participants were directed to the Authorization and/or Species at Risk Species at Risk Act, DFO’s Organization federal webpage “Projects Near permit is required, DFO will notify the and Regulatory Review Process.” Water” at https://dfo-mpo.gc.ca/ proponent. DFO will work with the Raymond gave a brief overview of pnw-ppe/index-eng.html. This site proponent to guide them through the significant changes to the Fisheries has been set up to provide general application process. Lee Ann provided Act since 2019 that are aimed at information about the new Fisheries helpful information on properly restoring protections for fish and fish Act provisions that protect fish and completing the review forms to ensure habitat, namely, incorporating modern fish habitat, including information they avoid unnecessary delays in the safeguards, reducing regulatory on how to request a project review review process. One glitch in the burden and providing clarity around or authorization. It also provides current system is that the form only project development. He explained guidance on how to avoid impacts functions with Internet Explorer and that definitions in the Fisheries Act to fish and fish habitat and identifies this problem is being addressed. were updated. For instance, "fish a systematic process on how to habitat" was modified to include determine when to submit a project Brandi Mogge then fielded several “water frequented by fish” whether or for DFO review. While the website questions from the audience and not the water is currently fished. The provides guidance, the obligation later participated in the panel definition also includes areas that fish is nevertheless on the proponent to discussion providing clarification on a depend on, directly or indirectly, in uphold the law. If death of fish or number of important issues raised by order to carry out their life processes HADD cannot be avoided, the project participants. must be submitted to DFO for review. (e.g., a riparian zone that provides food and cover). All waters in Canada Dr. Jon Fennell presented on "The where fish are found are included. Raymond explained that DFO also physics and chemistry of gravel There was a return to the former reviews projects under the Species at mining: what you need to know before prohibitions against “death of fish” Risk Act (SARA) for projects near water. agreeing with such developments." and “harmful alteration, disruption or When planning a project, the DFO Jon suggested that decision makers destruction” (also known as HADD) of Species at Risk mapping tool should need to take a precautionary approach fish habitat. The definition for HADD be reviewed at https://www.dfo-mpo. to approving gravel operations includes any temporary or permanent gc.ca/species-especes/sara-lep/map- near water bodies. He introduced a change to fish habitat that directly carte/index-eng.html. If a project has possible methodology for reviewing or indirectly impairs the habitat’s the potential to result in prohibited applications that would take a capacity to support one or more life effect to aquatic species at risk or step-wise approach, and would processes of fish. Ray pointed out that critical habitat then it will also need to use aggregate setbacks to address Section 38 of the Fisheries Act includes be reviewed by DFO. ecosystem sensitivity and associated the Duty to Notify and Take Corrective risks to society should impacted Measures. In Alberta, if something Lee Ann advised that all Request for floodplains and natural infrastructure happens that causes, or is about to Review forms are to be sent to the Fish become unable to function properly.

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