TECHNICAL REVIEW COMMENTS on the Environmental Impact Statement

Premier Horticulture Pasquia Bog Peat Harvest

50 km NE of Hudson Bay, SK

Prepared by Saskatchewan Ministry of Environment Environmental Assessment Branch December 2012

TABLE OF CONTENTS

Preface ...... 1

1. Environmental Assessment and Review Process ...... 2

Introduction ...... 2 Submission of the Environmental Impact Statement ...... 2 Technical Review ...... 3 Public Review ...... 3 Ministerial Decision ...... 4 2. Summary of Proposed Project ...... 4

Alternatives Considered ...... 5 3. Technical Review Comments ...... 5

Introduction ...... 5 Biophysical Considerations ...... 6 Water ...... 8 Air Quality ...... 8 Effects of the Environment ...... 8 Heritage Resources ...... 9 Socio-Economic Considerations ...... 9 Decommissioning, Reclamation and Abandonment Plan ...... 9 Public, First Nations and Métis Engagement ...... 9 Traditional Land Use Considerations ...... 10 4. Conclusion ...... 10

Invitation to Comment ...... 11 Contact ...... 11

i Technical Review Comments Premier Horticulture – Pasquia Bog Peat Harvest Project

Preface

This document is provided by the Environmental Assessment Branch of Saskatchewan Ministry of Environment (EAB) as supporting information for the public review of Premier Horticulture’s (Premier) Environmental Impact Statement (EIS) for the proposed Pasquia Bog Peat Harvest Project (the Project). The Project is located approximately 50 km northeast of Hudson Bay, Saskatchewan and 20 km east of Hwy 9 in east central Saskatchewan. The proponent is proposing the extraction of horticultural peat from a series of peat bogs totaling 1880 ha, which will support 80 years of production.

This document has four major parts:

The first part provides an overview of the provincial environmental assessment and review process. It outlines the events and activities that led to the EIS being released for public review and describes how the public can provide comments to the Minister of Saskatchewan, through the Ministry of Environment, on the proponent’s proposed Project.

The second part provides a brief summary of the Project. This summary is intended to provide information to assist the reader in deciding whether they are interested in finding out more about the Project. It is not intended to be a full representation of the Project. Interested readers should visit a review centre to read the EIS for the Project (locations are listed in section 2 and section 4).

The third section of the document provides the Ministry of Environment’s evaluation of the proponent’s conclusions regarding the predicted impacts of the proposed Project, the effectiveness of any identified mitigative measures and any follow-up requirements that would be placed on the proponent by the Minister, should the Project be approved.

Section 4 presents the conclusions reached by the Ministry of Environment and invites the public to comment. The Minister, when making the final decision regarding the environmental acceptability of the proposed Project, considers both the public’s comments and Technical Review Comments (TRC).

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Technical Review Comments Premier Horticulture – Pasquia Bog Peat Harvest Project

1. Environmental Assessment and Review Process

Introduction

The Environmental Assessment Act (the Act) in Saskatchewan requires the proponents of a “development” to conduct an Environmental Impact Assessment (EIA). The EIA provides the information needed by the Minister responsible for the Act (Minister of Environment) to determine whether, from an environmental perspective, a proposed development should be allowed to proceed and, if so, under what conditions. As part of the environmental assessment process, the proponent is required to prepare an EIS that documents the proponent’s assessment and conclusions on the potential environmental effects of the proposed Project. The EIS also describes the measures the proponent plans to take to reduce negative and enhance positive environmental impacts. Once completed, the EIS undergoes both a technical and public review prior to a decision being made by the Minister regarding the Project.

The EAB review The purpose of the environmental assessment and review process is to ensure process that adequate environmental safeguards are in place before a development is provides a broad allowed to proceed and that a development proceeds in a manner understood understanding of and broadly accepted by the public. These safeguards may arise out of the the potential impacts and actual design and nature of the proposed development or, should the ways to development receive approval under the Act, as a result of ongoing regulatory minimize the involvement by government agencies. impacts of a project. In addition to the Act, environmental legislation and regulation applicable to this project include The Environmental Management and Protection Act, 2002 and regulations (The Mineral Industry Environmental Protection Regulations, 1996). Other provincial and federal agencies also have legislation and regulations which may be applicable to the project.

Submission of the Environmental Impact Statement

In September 2009, the Environmental Assessment Branch (EAB) received a project proposal from the proponent for the Project. The proposal was sent to provincial agencies and the Government of Canada for technical review. Following technical review, the Project was declared a development under section 2(d) of the Act and the proponent was asked to submit an EIS for the Project. The EAB developed project-specific guidelines to assist the proponent in the development of the EIS.

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Technical Review Comments Premier Horticulture – Pasquia Bog Peat Harvest Project

Technical Review

Technical review The EIS was received by the EAB in July 2012. The document was reviewed by provides the provincial and federal agencies to ensure that potential environmental issues had government been identified and adequately dealt with. The initial technical review perspective on the proposed identified a couple of significant environmental or technical issues (Type I development. concerns), which the proponent was required to resolve prior to initiating the public review of the EIS as well as additional information to be requested from the proponent that would add to the quality and accuracy of the EIS and provide additional information around regulatory approvals. An addendum to the draft EIS was received October 23, 2012 to provide responses to the Type I concerns and additional clarification for the other issues was received on November 7, 2012.

The final TRCs have been prepared pursuant to section 11 of the Act, and are to assist the public and government decision-makers in their review of the EIS. The comments, starting on page 5, represent a summary evaluation of the proponent’s EIS.

In preparing TRCs, the Ministry of Environment focuses on those factors that are considered to be of primary significance with respect to the proposed Project and the environment in the area of the Project.

Public Review

Pursuant to section 12 of the Act, both the EIS and TRC are made available for public inspection for a period of not less than thirty (30) days. During the 30 day review period, members of the public may make written submissions to the Minister of Environment regarding the EIS.

The EIS and the TRCs are being made available for review in electronic format at public libraries in Saskatoon and Regina; in hard copy at the Legislative Library in Regina; at the offices of the Towns of Carrot River, Nipawin and Hudson Bay; the Band offices of the Red Earth First Nation; Shoal Lake First Nation; Yellow Quill First Nation; Keeseekoose First Nation; Key First Nation; Kinistin First Nation; Fishing Lake First Nation; James Smith Cree Nation; Opaskwayak First Nation in The Pas MB; the administrative office of the Métis Nation of Saskatchewan Eastern Region 2 in Archerwill SK; and at the EAB office in Regina. The documents can also be accessed on the internet at http://www.environment.gov.sk.ca/ea2009-093.

To ensure your comments on the EIS are considered, please submit them to Saskatchewan Environment no later than February 11, 2013 to the following address:

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Technical Review Comments Premier Horticulture – Pasquia Bog Peat Harvest Project

Brady Pollock Senior Environmental Assessment Administrator Environmental Assessment Branch Saskatchewan Ministry of Environment 3211 Albert Street Regina SK S4S 5W6 Phone: 787-7603 Fax: 787-0930 Email: [email protected]

Ministerial Decision

The Minister Information generated during the public and technical reviews of the EIS will be considers both the submitted to the Minister of the Saskatchewan Ministry of Environment for public and technical consideration. The Minister, under section 15 of the Act, may give Ministerial review comments Approval to proceed with the development, with any terms and conditions that when making a decision. the Minister considers necessary or advisable, or the Minister may refuse to approve the development as proposed and will provide reasons for the decision.

2. Summary of Proposed Project

Information in this section is taken from the Pasquia Bog Peat Harvest EIS and is neither comprehensive nor inclusive of the information contained in that document. Please refer to the Executive Summary, EIS main document for more complete information.

The Pasquia Bog Study Area is located about 50 km northeast of Hudson Bay, Saskatchewan. It consists of a series of adjacent peat bogs totaling 1,880 ha which would supply 80 years of harvesting activity. The EIS provides detailed information regarding the first bog to be harvested, referred to as the Site Study Area (SSA), which is located on the east side of the Pasquia River. A 22 km access road from Hwy 9 to the river was built in 2011 as a separate project, with assistance from a federal-provincial funding program, but the necessary bridge to access the bog is included in the EIS. The first bog is 526 ha in area and would be harvested from 2013 to 2035 in four phases. As soon as harvest of each phase is completed, reclamation activities will be started.

The Project includes the construction of a bridge across the Pasquia River, the clearing of 526 ha of surface vegetation in four phases of approximately 150 ha each, the digging of ditches and drainage of the bog, natural drying of the exposed peat surface, harvesting of the peat in a series of layers a few centimeters thick, and trucking the peat to the Carrot River processing facility. It also includes decommissioning and progressive restoration of each phase of the bog development.

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Technical Review Comments Premier Horticulture – Pasquia Bog Peat Harvest Project

Alternatives Considered

No alternatives are presented in the EIS. Premier has been harvesting peat from several smaller bogs located close to the Town of Carrot River and the last of these is nearing depletion. As described briefly in Section 2.5 of the EIS, Premier explored for potential peat sources within 200 km of their existing processing facility in Carrot River and identified the Pasquia Bog area as the only opportunity. Premier first obtained an exploration lease for the Pasquia Bog study area in 1995 and has been concentrating their efforts since then to obtain information specific to the study area for the EIS and eventual development of this specific property.

3. Technical Review Comments

Introduction

The intent of the technical review step of the environmental assessment and review process is to give provincial and federal specialists/agencies an opportunity to examine the EIS to:

Develop their opinions about how adequately the environmental issues related to the development have been dealt with; and Determine whether the information provided is sufficiently complete and technically accurate enough to support the public review phase of the process.

Release of the EIS for public review should not be interpreted as absolute agreement with all items within the EIS, but simply that the issues remaining can be handled through ongoing regulatory relationships or terms and conditions that might flow from a decision made pursuant to the Act that would modify the “development” to make it acceptable to the technical reviewers.

Premier was requested to clarify two important issues before the EIS could be released for public review: the lack of Traditional Land Use (TLU) information and the potential changes to the hydrology within the Pasquia River basin.

The Project Specific Guidelines for the EIA required Premier to obtain TLU information for the project area, which would assist the government in fulfilling its Duty to Consult, since the project has the potential to adversely affect Treaty and Aboriginal rights related to use of the area. The EIS describes the considerable effort that Premier expended in trying to obtain this information from First Nations and Métis communities. Information is also available from historical sources, and Premier was asked to provide a summary of historical data on traditional use. 5

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Technical Review Comments Premier Horticulture – Pasquia Bog Peat Harvest Project

Also, further information was requested on the effects to hydrology in the Pasquia River basin, due to installation of drainage ditches, drainage of bog areas, and potential changes to runoff, in order to better judge the potential impacts to fish, aquatic mammals, ice conditions and water levels.

An additional issue to be considered in evaluating the project and the EIS is the potential effect on woodland caribou. This species is listed as “Threatened” under the federal Species at Risk Act (SARA). Potential impact of the project on the local population of caribou was one of the “triggers” for defining this project as a “development” with respect to the Act.

Other comments on the EIS related to relatively minor points. Clarification of these points was requested to improve the quality and accuracy of the EIS and to add to its acceptability for public review.

In general, the proponent has addressed most of the issues raised during review of the initial EIS submission in the Addendums to the draft EIS. As is customary, additional Project details will be provided at the time of licensing, should the Project receive approval.

Biophysical Considerations

Premier has evaluated the possible impact of the Project on the biophysical environment, the possible mitigation measures that could be employed to eliminate or mitigate (reduce) the impacts, and any residual effects that might remain after the mitigation is in place. In undertaking the EIS, a number of valued ecosystem components (VECs) were identified (EIS – Section 6.3) to facilitate the assessment and interpretation of potential effects associated with the proposed project, which is discussed in sections 7 and 8. The environmental and residual effects are summarized in Appendix 12, Table 12B and Table 12C.

SPECIES AT RISK

Woodland Caribou

The project is located within an area utilized by the Pasquia Bog woodland caribou population, which is thought to be about 30 animals. Aerial surveys conducted by the proponent in January 2011 spotted 6 caribou a few kilometers north and east of the bogs, and tracks on the west side of the Pasquia River in two locations.

Information from radio collaring studies indicates that some caribou have used part of the southeast portion of the SSA as calving habitat.

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Technical Review Comments Premier Horticulture – Pasquia Bog Peat Harvest Project

According to Environment Canada, this caribou population has a range of 682,435 ha of which 56% (382,164 ha) is considered undisturbed or critical habitat.The “Recovery Strategy for the Woodland Caribou (Rangifer tarandus caribou), Boreal Population, in Canada” (the Recovery Strategy) establishes a target of maintaining at least 65% undisturbed habitat for each caribou population. The Pasquia Bog peat harvest development would increase the amount of disturbed habitat within the range of the local population, but only by 0.08% for the initial 526 ha development (addressed by this EIS) and 0.28% for the entire project.

The introduction of road access to the area, and the clearing of the bog, could improve access to the area for whitetail deer and/or predators. An increase in the deer population could, in turn, support a larger wolf population, which would then increase predation losses by the caribou herd. The improved access could also result in some level of hunting pressure (currently none) from First Nations or Métis people with Treaty or Aboriginal Rights practicing traditional land use activities in the area.

In addition to the possible disturbance caused by noise and activity associated with the peat harvest, the improved access to the area could also increase snowmobile and other traffic, which would add to the disturbance. However, based on descriptions of the undeveloped bog areas as nearly impassable, it is felt that this impact is unlikely.

In the decision as to whether to approve this project, it will be necessary to consider whether the project is likely to have a measurable effect on the Pasquia Bog woodland caribou population and/or is a significant departure from the objectives stated in the Recovery Strategy.

Premier has also examined the potential effects of the environment on the proposed Project, and provided assessment of residual impacts after successful application of mitigation measures. In addition, Premier has identified various follow-up and monitoring plans, which it is committed to undertaking in relation to the development. Comments for each of these components can be found in the relevant sections of the EIS.

Rare and Endangered Plants

Floristic surveys were conducted in summer of 2000 in the SSA and in one area in an adjacent bog northeast of the SSA, scheduled for development at a later date (Phase 7a). No federally or provincially listed species at risk were identified. Three provincially rare/uncommon species were found within the adjacent bog, namely crested shield fern (ranked S3), oblong-leaved sundew (S3) and marsh bellflower (S2/S3). All three were located within riparian areas, which will not be impacted by the project as Premier is proposing a 55 m buffer 7

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Technical Review Comments Premier Horticulture – Pasquia Bog Peat Harvest Project between operations and the Pasquia River.

The EIS suggests that Ministry of Environment may require an environmental monitor to be present during site clearing to identify any rare plant occurrences and to provide guidance to Premier, as well as to develop an appropriate mitigation strategy, if necessary, in consultation with the ministry.

Water

The EIS provided an analysis of the potential impacts to surface water quantity and quality, which would be expected as a result of the drainage and clearing of the SSA. The most significant effect would be an increase in flow in the Pasquia River during the winter low flow period (EIS Section 7.5.1.1). This could pose a problem for fish and other aquatic organisms if the oxygen content of the additional drainage flow is substantially lower than the oxygen in the river.

There would also be a change to runoff from precipitation events in that the dried peat surface and drainage system allows for greater storage of water on site, with the result that runoff peaks tend to be later and of a lower magnitude than would be the case with an undisturbed peat bog. This effect is the opposite of what would be expected from the clearing of an area over mineral soil.

In response to deficiencies identified in the EIS with respect to drainage and other water impacts, Premier submitted a revised Section 7.5 to the EIS, which is included with the review package, as “Amendment: Revised Section 7.5 Surface Water Quantity and Quality Assessment”, in October 2012, prepared by Stantec Consulting.

During the decommissioning period, the local drainage ditches will be backfilled and water will be retained to reestablish saturated conditions in the bog. Once the bog is restored and re-vegetated, the bog site will return to its normal regime, except at a lower surface elevation.

Air Quality

The EIS states that the activities are predicted to have a negligible effect on air quality. Of particular interest are the airborne particulates in the immediate vicinity of the harvest area.

Effects of the Environment

Premier considered how the environment could potentially adversely affect the proposed Project. The following were considered: forest fire, major snowfall and melt, and utilization of the area by woodland caribou. With proper project design and operational planning, the effects of the environment are not 8

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Technical Review Comments Premier Horticulture – Pasquia Bog Peat Harvest Project anticipated to have a significant effect on the proposed Project. A discussion of these environmental influences and how they may affect the proposed Project can be viewed in Section 10 of the EIS.

Heritage Resources

The Project description, including the construction of the bridge over the Pasquia River, was submitted for screening to the Heritage Conservation Branch of the Ministry of Parks, Culture and Sport for evaluation of the need for a Heritage Resource Impact Assessment. Heritage Conservation Branch concluded that no adverse impacts to heritage resources are likely due to the development’s location in terrain of very low archaeological potential.

Socio-Economic Considerations

Potential socio-economic effects were taken into consideration by Premier in the EIS. The Project is expected to create new jobs and other economic opportunities (e.g. fuel and other suppliers) in the Carrot River and Hudson Bay area, as well as maintaining the operation of Premier’s Carrot River processing facility.

Decommissioning, Reclamation and Abandonment Plan

The EIS includes a conceptual decommissioning and reclamation plan for the Project. For a summary of the conceptual decommissioning plan, see Section 8.2 of the EIS.

A detailed plan for decommissioning, reclamation and abandonment, and appropriate financial assurance will be developed in consultation with the regulatory agencies during licensing, if the proposed Project receives Ministerial Approval under the Act.

Public, First Nations and Métis Engagement

Saskatchewan Ministry of Environment is satisfied that regional residents were notified about the proposed Project and were provided the opportunity to be involved with the environmental assessment process.

Section 5.0 of the EIS provides details on Premier’s engagement with the public and First Nations and Métis communities. The proponent conducted Open Houses in Carrot River and Hudson Bay in February 2010 to present the Project and identify potential concerns.

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Technical Review Comments Premier Horticulture – Pasquia Bog Peat Harvest Project

Formal opportunities for participation have been provided through public review of the project specific guidelines and the EIS that formed part of this EIA process.

Traditional Land Use Considerations

The proposed development is located within the traditional territory of several First Nations and Métis communities. In the initial stages of gathering information for the EIS, Premier and their consultant contacted a number of communities to request information on heritage values and traditional use of the project area. Several communities responded to indicate that they were interested in receiving information and being consulted regarding the Project. A summary of efforts made by Premier to engage with the public, trappers and outfitters, and First Nations and Métis communities can be found in Section 5.0 of the EIS and in table form in Appendix 11. Section 8.3 of the EIS discusses potential impacts on “Traditional Use and Values Associated with the Lands and Resources”.

The EIS states in Section 8.3.2 that, “it is likely that no significant amount of traditional harvesting takes place in the SSA”, since no information was provided on traditional use by the communities contacted. Following review of the draft EIS, Premier was required to provide additional information from other sources to support this conclusion. The information is contained in a supplementary document entitled, “Documentary Review of Traditional Land Use in the Pasquia Bogs Area” (Documentary Review) prepared by Stantec consulting and included with the EIS public review package. This review found that, while there were considerable historical records about activities in the overall region, there was no specific reference to the Pasquia Bog area. First Nations people occupied and utilized the beach ridges west of the bog area, and the Documentary Review speculates that traditional trappers may have entered the bog area as more accessible beaver populations were depleted by the fur trade, but also says that there would likely be no tangible evidence of this.

The Documentary Review reports that modern resource managers in the area characterize the bog area as a “no man’s land”, too swampy and lacking in resources to be attractive to resource users.

4. Conclusion

The Saskatchewan Environmental Assessment Review Panel (technical reviewers) and Saskatchewan Ministry of Environment conclude that Premier has undertaken sufficient studies and provided adequate information about the proposed Project such that the EIS can be made available for public review.

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Technical Review Comments Premier Horticulture – Pasquia Bog Peat Harvest Project

Invitation to Comment

The public is invited to review Premier’s EIS and the TRCs and to provide their comments, no later than February 11, 2013. Public is invited to comment on the The EIS and the final TRCs are being made available for review in electronic Pasquia Bog Peat format at public libraries in Saskatoon and Regina; in hard copy at the Harvest Project EIS for a 30 day period Legislative Library in Regina; the offices of the Towns of Carrot River, ending February Nipawin and Hudson Bay; at the Band offices of the Red Earth First Nation; 11, 2013. Shoal Lake First Nation; Yellow Quill First Nation; Keeseekoose First Nation; Key First Nation; Kinistin Saulteaux Nation; Fishing Lake First Nations; James Smith Cree Nation; the Opaskwayak First Nation in The Pas MB; at the administrative office of the Métis Nation of Saskatchewan Eastern Region 2 in Archerwill SK; and at the EAB office in Regina. The documents can also be accessed on the internet at http://www.environment.gov.sk.ca/ea2009-093.

The written comments received during the public review of the EIS and the TRCs will be considered by the Minister of Environment when he makes his decision (under section 15(1) of the Act) to either:

(a) give ministerial approval to proceed with the development and impose any terms and conditions that he considers necessary or advisable; or (b) refuse to approve the development.

Contact

For more information, please contact:

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