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Addendum to the Consultation Report – Part 3

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Addendum to the Consultation Report – Part 3 Appendix A4. Additional Public Comments 18ra_2013-10-30_Jericho App Tps_60301207.Docx ADDENDUM to the ABORIGINAL (FIRST NATION AND MÉTIS) CONSULTATION REPORT FOR: PROPOSED JERICHO WIND ENERGY CENTRE Jericho Wind, Inc. (a wholly owned subsidiary of NextEra Energy Canada, ULC) Report Updated as of October 2013 1 Table of Contents Context .......................................................................................................................................................... 3 Director’s List of Aboriginal Communities to be engaged and consulted: ................................................... 4 Consultation with the Director’s List of Communities as of February 15, 2013 ........................................... 6 Chippewas of Aamjiwnaang ...................................................................................................................... 6 Chippewas of Kettle and Stony Point ........................................................................................................ 7 Chippewas of the Thames ....................................................................................................................... 11 Moravian of the Thames/Delaware First Nation .................................................................................... 13 Munsee–Delaware First Nation .............................................................................................................. 14 Oneida Nation of the Thames ................................................................................................................. 15 Walpole Island First Nation ..................................................................................................................... 16 Engagement/Consultation with Additional Communities as of February 15, 2013 ................................... 18 Haudenosaunee Confederacy Chiefs Council (Six Nations Confederacy Council and Oneida Council of Chiefs) ..................................................................................................................................................... 18 Six Nations of the Grand River Elected Council ...................................................................................... 18 Historic Saugeen Métis ........................................................................................................................... 19 Notice of Posting to the Environmental Registry .................................................................................... 19 Additional Public Meetings – Township of Warwick, Municipalities of North Middlesex and Lambton Shores ..................................................................................................................................................... 20 Appendices Appendix A. Joint Assessment Committee Report Appendix B. Key Aboriginal Correspondence Appendix C. Notices Appendix C1. Notice of Posting to the Environmental Registry Appendix C2. Notice of October 2013 Public Meetings 2 Context Jericho Wind, Inc. (Jericho), a wholly owned subsidiary of NextEra Energy Canada, ULC, (NextEra) is proposing to construct a wind energy project in the Municipality of Lambton Shores and the Township of Warwick, in Lambton County, Ontario and in the Municipality of North Middlesex, in Middlesex County, Ontario (see Figure 2-1 – Project Location). With a total nameplate capacity of up to 150 MW, the Jericho Wind Energy Project (the Project) is categorized as a Class 4 wind facility under Ontario Regulation 359/09 (O. Reg. 359/09). Although Jericho is seeking a Renewable Energy Approval (REA) for up to 99 turbine locations, approximately 92 turbines are proposed to be constructed for the Project. Jericho is proposing modifications to the Project since the submission of the REA application in February, 2013. These proposed Project modifications are categorized as follows: Construction disturbance area modified to reduce or eliminate impacts to archaeological resources; Infrastructure or construction disturbance area added or changed to optimize project design/ constructability; Turbine and associated infrastructure removed. In support of these modifications, Jericho prepared and circulated for public review a set of Revision Reports that provide updates to the reports included in the February, 2013 REA application. The following sections outline the engagement/consultation activities undertaken and the input received regarding the Project since the submission of the REA application on February 15, 2013. Jericho has undertaken a thorough program of engagement/consultation with Aboriginal communities for the Project. The results of the program indicate there will be no impacts to Aboriginal or treaty rights or other residual environmental impacts that may be of concern to Aboriginal communities if the Project is approved and implemented with the mitigation outlined in the associated REA reports. 3 Director’s List of Aboriginal Communities to be engaged and consulted: A Director’s List of Aboriginal communities to be consulted for the Jericho Project was requested on August 10, 2010 and received on April 8, 2011 (see Table 1). The list included seven Aboriginal governments (i.e. communities); five for potential rights, and two for potential interests in environmental effects. One of the communities on the Director’s List (Delaware Nation Moravian of the Thames) has provided a written confirmation of no requirement for further consultation about the Project. Table 1 - Director’s List of Aboriginal Communities Director’s List Notes Aamjiwnaang First Nation Identified as may have constitutionally protected Chippewas of Sarnia Aboriginal or treaty rights. Sarnia 45 Referred to in this report as “Aamjiwnaang First Nation” Chippewas of Kettle and Stony Point FN Identified as may have constitutionally protected Kettle Point 44 Aboriginal or treaty rights. Referred to in this report as “Kettle and Stony Point First Nation”. Chippewas of the Thames First Nation Identified as may have constitutionally protected Chippewas of the Thames 42 Aboriginal or treaty rights. Referred to in this report as “Chippewas of the Thames First Nation”. Delaware Nation Moravian of the Thames Identified as may have interests in potential Moravian 47 negative environmental effects. Referred to in this report as Moravian of the Thames Delaware First Nation. Munsee-Delaware First Nation Identified as may have interests in potential Munsee 1 negative environmental effects. Referred to in this report as “Munsee-Delaware First Nation”. Oneida Nation of the Thames First Nation Identified as may have constitutionally protected Oneida 41 Aboriginal or treaty rights. Referred to in this report as “Oneida of the Thames First Nation”. 4 Table 1 - Director’s List of Aboriginal Communities Director’s List Notes Bkejwanong Territory Identified as may have constitutionally protected Walpole Island First Nation Aboriginal or treaty rights. Walpole Island 46 Referred to in this report as “Walpole Island First Nation”. Additional Communities Engaged by NextEra: Additional Aboriginal governments also expressed interests in the Project. As a result, the communities in Table 2 were included in Jericho’s consultation activities. Table 2 - Additional Communities Engaged by NextEra Additional Communities Rationale Consulted Haudenosaunee Confederacy HCCC assert a treaty right to harvest within the 1701 Nanfan Chiefs Council (HCCC) Treaty area (see Map 2.2.1), including both Crown and private lands. Jericho engaged with HCCC, through its delegated staff secretariat, the Haudenosaunee Development Institute (“HDI”) about potential impacts to the natural environment, which may affect harvest activities. Oneida Council of Chiefs Oneida Council of Chiefs is one of the traditional councils within the Haudenosaunee Confederacy Council. Oneida Council of Chiefs participates through the HDI process, and was engaged by Jericho as part of HDI’s evaluation of the Project. Six Nations of the Grand River SNEC have issued a 2011 Consultation and Accommodation Elected Council (SNEC) Policy, which asserts SNEC’s responsibility to protect the air, land and water within the 1701 Nanfan Treaty area (see Map 2.2.1). Jericho engaged with SNEC to consult about potential impacts to the natural environment. Historic Saugeen Métis (HSM) While not identified as a community to be consulted on the April 8, 2011 Director’s List, HSM assert a traditional territory that includes the Jericho project location and were included in all consultation activities. 5 Consultation with the Director’s List of Communities as of February 15, 2013 Consultation and engagement with the above-named communities has been ongoing since the submission of the REA application on February 15, 2013, in accordance with NextEra’s engagement/consultation policy which is applicable to its affiliated companies (including Jericho) and depending on the level of interest expressed by each community. Specific engagement/consultation initiatives undertaken with each community are described in detail in the following sections. Appendix B contains formal correspondence received from the communities. Chippewas of Aamjiwnaang The Chippewas of Aamjiwnaang were active members of the Joint Assessment Committee (JAC) along with the communities of Walpole Island First Nation (WIFN) and Kettle and Stony Point First Nation (KSPFN). The JAC examined and commented on the interests and concerns of their communities with respect to wind energy industry practices, government
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