Dene Tha' First Nation

Documentary Evidence

Re: Hearing Order GH- 2004

VOLUME VII

TAB 61 - TAB - 11 -

Dene Tha First Nation

Documentary Evidence Re: Hearing Order GH- 2004

VOLUME VII

Tab 61 to 70

Communi.ons w Government and Federa! Boar (cont.

61. Email from R. Freedman to P. Pacholek dated January 20 2005 regarding JRP role in MGP (1 pg) 62. Letter to The Honourable R. Stevens et at from C. Chonkolay dated January 21 2005 regarding consultation by Government of on Mackenzie Gas Project (2 pgs) 63. Email to J. Pierce from R. Freedman dated January 26 2005 regarding Dene Tha' and MGP (2pgs) 64. Letter to R. Freedman from P. Pacholek dated January 26, 2005 regarding Information requests (1 pg) 65. Letter to The Honourable A. Scott, Minister from C. Chonkolay dated February 2005 regarding Consultation with Dene Tha' First Nation in the Northwest Territories (2pgs)

66. Letter to R. Hornal from C. Chonoklay dated February 10, 2005 regarding Outstanding Issues Concerning Environmental Impact Settlement (4 pgs) 67. Letter to C. Chonkolay (faxed to J. M. Yeager et al) from R. Homal dated February 23, 2005 regarding Supplemental Environmental Impact Statement (2 pgs)

68. Letter to C. Chonkolay from S. H. Rutwind dated February 7 2005 regarding Duty of the Government to Consult with First Nations (2 pgs) 69. Letter to S. Martin from R. Hornal dated March 8, 2005 regarding Initial Review of Supplemental Information for Northwestern Alberta with attached Round One Information Requests (19 pgs) 70. Letter to The Honourable R. Stevens et al from C. Chonkolay dated March 25 2005 regarding Consultation Between the Government of Alberta and the Dene Tha' First Nation (2 pgs) TAB 61 ------..------..-....------...... ------..------..-----.- : ::: :: -,.:::=- -=._-- =:.. tmayer-

From: Robert Freedman To: pacholekp (g jointreviewpanel.ca Date: 1/20/2005 2:41 :04 PM Subject: JRP role in MGP

Hi Paula.

Happy new year.

I am hoping that either you, or other members of the JRP, can clarify a few things for me:

1. In conducting the environmental assessment for the Mackenzie Gas Project, as scoped in the Terms of Reference, what power, if any, does the JRP have to impose conditions on the approval , if the approval is granted? In other words, if the JRP determines that certain kinds of mitigation are required, such as in the Dickens or Vardie sections in Alberta, does the JRP have any authority or power to order mitigation or impose conditions?

2. Given that (at present), IORVL is applying for a s. 52 certitifcate for the project in the NWT, and for the bit of pipeline extending over the Alberta border, whereas it is contemplated that NGTL wil be applying for approval of the Vardie and Dickens Lake sections in Alberta before the AEUB, how does the JRP contemplate that the environmental assessment will operate in terms of mitigation or the attaching of conditions, when there are two separate regulators and where, as I undertand, no assessment is required under Alberta legislation. I note that my client does not believe that the project should have two separate regulators, but that is presently the state of affairs.

3. In terms of information requests to IORVL, I know that the JRP wrote to IORVL and raised a number of questions about the EIS, including some of the concerns raised in my November, 2004 letter to you. Do I need to write separately to IORVL to raise those issues, or can I treat the issue as dealt with , on the basis of your letter to IORVL.

Thanks

Bob Freedman

Robert C. Freedman (rfreedman (g cookroberts.bc.ca)

Cook Roberts, 7th Floor - 1175 Douglas Street Victoria, British Columbia Canada V8W 2E1 Ph. (250) 385-1411 Fax (250) 413-3300

The information in this em ail and attachments is privileged and confidential and exempt from disclosure. This information is intended only for the use of the individual to whom it is addressed. If you have received this communication in error you are hereby notified that your review, dissemination or copying of this information is prohibited. Please contact our office immediately and destroy the communication. Thank you. TAB 62 , \" ) , ' . ~~~~~~~~~

J;jirl-.' /FIR1:T NATION TELEF', , , '; 0)(t20 iE: (1' Q13 . (1 . (1' (jl;3 FAX: (1 21.$1i'

oudile:

January 21 2005

Office of the Minister of Justice and Attorney General Alberta Justice 3rd Floor, Bowker Building 9833 - 1 09 Street Edmonton, AB T5K 2E8

Attention: The Honourable , Q. Minister of Justice and Attorney General

Fax: (780) 422-6621

Alberta Department of Energy North Petroleum Plaza 9945 108 Street T5K 2G6 Edmonton, AB

Attention: The Honourable Greg Melchin Minister of Energy

Fax: (780) 422-0195

Dear Sirs:

Re: Consultation by Government of Alberta on Mackenzie Gas Project

As you are no doubt aware, an application has been made by Imperial Oil Resources Ventures Limited ("IORVL") to develop and construct a natural gas pipeline system along the Mackenzie Valley, for export of gas to Canadian and U.S. markets (li IORVL has applied to the the Project" National Energy Board ("NEB") for a Certificate of Public Convenience and Necessity to construct the Project.

It is our understanding that NOVA Gas Transmission Limited (" NGTL") will be applying to the Alberta Energy and Utilities Commission ("AEUB"), to construct facilties , including approximately 1 OOkm of pipeline in the Dickens Lake and Vardie River areas of northem Alberta , to connect with the Project and with the NGTL system in Alberta ("connecting facil ities

In the recent decision of the Supreme Court of Canada in the Haida Nation case Supreme Court of Canada held that both the , the federal and provincial governments must consult with First Nations and accommodate their rights and interests where any decision has the potential to infringe Aboriginal or Treaty rights. The Court made it clear that such rights do not have to be proven in court before the Crown s legally enforceable consultation obligations will arise. The Court also made it clear that the Crown cannot delegate its consultation duties to industry.

It is clear that the sheer magnitude of the Project has the significant potential to infringe our rights and interests , within our Traditional Territory in the NWT and in northem Alberta.

It is our strong view that the connecting faciliies are part of the Project and, as a result that NGTL ought to apply to the NEB for approval to construct the connecting facilties. However, given that NGTL plans to apply to the AEUB (rather than the NEB) for approval of the connecting facilties, we ask you to respond to the following question:

How wil the Government of Alberta consult with our First Nation in respect of the connecting facilties in order to ensure that there is minimal infringement of our rights and interests?

Does the Government of Alberta intend to coordinate its consultation with any of the consultation or environmental review processes that are currently being undertaken in respect of the Project, such as the Joint Review Panel Process?

We look forward to receiving a response at your earliest convenience.

Sincerely yours

Cary Chonkolay, Councilor Dene Tha' First Nation cc. The Hon. , Minister of Aboriginal Affairs and Northern Development (780) 427-1321 Neil McCrank, Chairman, AEUB, Fax: (403) 297-7336 Brian McGuigan, Executive Director, Aboriginal Consultation, Ministry of Aboriginal Affairs and Northern Development, (780) 415-9548 Chief and Council, Dene Tha' First Nation Executive Board, Treaty 8 First Nations of Alberta, Fax: (780) 484-1465 TAB 63 ;::: ------~~~ ------" ------::: ,"."~~~~::=::: ------=," :=', - --=:=::::---- ~~~===::':::::' :::" ::' ::::, ,,-,::: ~~~ -". =:=::::,",,::: eegm.?"Q:: JYt9 i!"

----- Original Message ----- From: "Robert Freedman" -:rfreedman(gcookroberts.bc.ca:: To: -:jon.pierce(gceaa-acee.gc.ca:: Sent: Wednesday, January 26, 20052:00 PM Subject: Dene Tha and MGP

:: Jon:

:: Further to your request, I am setting out the following question, which :: is of concern to my client, the Dene Tha First Nation.

:: 1. Given that the TOR for the JRP includes the Dickens Lake and Vardie :: River portions of the MGP ("connecting facilties ), how can my ciients :: be assured that if the JRP makes recommendations (such as for :: mitigation, etc.) in respect of the connecting facilties, that those :: recommendations can be implemented.

:: As I have noted in a previous discussion with you, the question arises :: because, at present, the NEB is of the view that they do not have :: regulatory authority over the connecting facilities. There is :: therefore the problem of the TOR requiring consideration of the :: environmental effects of the connecting facilities, but I am unsure :: about whether any responsible authority or the NEB has the power to :: actually implement any recommendations of the JRP in terms of the :: connecting facilties.

:: Your help would be greatly appreciated.

;: Thanks

:: Bob Freedman

:: Robert C. Freedman (rfreedman (gcookroberts.bc.ca)

:: Cook Roberts, 7th Floor - 1175 Douglas Street :: Victoria, British Columbia ;: Canada V8W 2E1 :: Ph. (250) 385-1411 :: Fax (250) 413-3300

:: The information in this email and attachments is privileged and :: confidential and exempt from disclosure. This information is intended :: only for the use of the individual to whom it is addressed. If you have :: received this communication in error you are hereby notified that your :: review, dissemination or copying of this information is prohibited. ,,- .. ""'-" bert Freedman - Re: Dene Tha and MGP 'r' Pa e2

Please contact our office immediately and destroy the communication. Thank you. TAB 64 . ."'.. . ~~~ ~~~ '"' ';;"" " ' . :, -'

Suite 302, 125 Mackenzie Road O. Box 2412 I\c Inuvik, NT XOE OTO ':J: co:'- Phone: (867) 678-8604; Fax: (867) 777-3105 ww.jointreviewpanel.

:31 Robert C. Freedman 05 FEB - 3 "\ 0 Cook Roberts

7th Floor - 1175 Douglas Street ' C"" J , l"'" ' t"1J 11 , ....w , .()C: Victoria, BC \ tS' -.,, V8W 2El

Januar 26, 2005

Dear Mr. Freedman

Furher to your e-mail of Januar 20 2005, I wil respond to your third question first. You asked if you would have to submit separate Information Requests in relation to issues you raised in your letter of November 2004. A copy of your letter was submitted to the Proponent along with a request that they address your concerns specifically. To the extent that the Joint Review Panel's letter of December 3, 2004 addresses your concerns, you would not have to submit additional Information Requests. However, if the Panel' s letter did not address your concerns, you are welcome to submit Information Requests in accord with the procedures established by the Joint Review Panel.

With respect to the first and second questions, I would refer you to the Agreement for

Coordination of the Regulatory Review of the Mackenzie Gas Project and the Agreement for an Environmental Impact Review of the Mackenzie Gas Project (JR A). For your convenience both of the agreements referred to above are located on the Joint Review Panel website which can be located at http://ww.iointreviewpanel.ca

:J:

Manager, Joint Review Panel TAB 65 &5'

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February 9 2005

Minister of Indian Affairs and Northern Development Terrasses de la Chaudiere Gatineau, Quebec K1A OH4 BY FAX: (613) 953-4941

Attention: The Honourable Andy Scott, Minister

Dear Minister Scott:

Re: Consultation with Dene Tha' First Nation in the Northwest Territories

I am writing to follow up on two matters concerning the obligation of the federal government to consult with our First Nation with respect to our Aboriginal and Treaty rights in the Northwest Territories.

First, I wish to remind you that on November 3, 2004, Stephen Nielsen, Interim Chair of the Mackenzie Valley Land and Water Board ("the Board") wrote to you concerning consultation with our First Nation. Mr. Nielsen specifically raised the question of whether the Board could expect to receive a policy direction from you concerning consultation with Dene Tha' in the N. T. Could you please let me know whether you have responded to Mr. Nielsen s letter. If so , could I please have a copy of that letter. If you have not yet responded, could you please let me know when you anticipate sending such a response.

Second, I note that I wrote to you on December 2 , 2004, seeking clarification on a number of matters. I note that we have stil not received a response. For ease of reference, we continue to seek a response to the following outstanding questions:

Does the federal government recognize that the Dene Tha' First Nation has Aboriginal and Treaty rights in the NWT?

If the answer to question (1) is in the affirmative, how will the federal government including your Ministry, carry out its legal and constitutional obligations to consult with our First Nation on lands management, administration, and development of lands and resources within our Traditional Territory in the NWT?

In light of Dene Tha s rights and interest in the NWT, and in light of Canada practice of renovating historic numbered treaties through the negotiation of modern" treaties with other First Nations in the NWT, will your Ministry confirm that it is prepared to treat Dene Tha' in the same way as it treats other First Nations in the NWT and enter into negotiations to renovate/modernize Dene Tha s Treaty 8 rights in the NWT?

Could you please let me know when our First Nation can expect a response to the issues raised in this letter.

Sincerely yours

Cary Chonkolay, Councilor Dene Tha' First Nation cc. Ms. Liseanne Forand, ADM Northern Affairs Program, DIA, Fax: (819) 953-3017 Joseph Handley, Minister of Aboriginal Affairs, NWT, Fax: (867) 873-0233 Bob Overvold, RDG DIA, NWT Region, Fax: (867) 669-2703 Chief and Council, Dene Tha' First Nation S. Alwarid, Negotiator for Dene Tha , via email: Alwarid(gnorthwestel.net R. Freedman, Cook Roberts, Lawyers: Fax: (250) 413-3300 TAB 66 ( , , (' . ," " , .'

Ii.. TELEP E: (t8Ql 174 (7s6.)3'f."

February 10 2005

Joint Review Panel for the Mackenzie Gas Project Suite 302, 125 Mackenzie Road O. Box 2412 Inuvik, NT VOE OTO BY FAX: (867) 777-3105

Attention: Robert Hornal, Chair

Dear Sir:

Re: Outstanding Issues Concerning Environmental Impact Statement

On behalf of the Dene Tha' First Nation ("Dene Tha ), I am writing to raise a number of matters of concern to our First Nation regarding the environmental review of the Mackenzie Gas Project ("the Project"

I wish to begin by thanking you , the other members of the JRP, and your staff for the excellent work you have done thus far. It gives us a great deal of comfort to know that you are working dilgently to ensure that the environmental review of the Project will be thorough, and that the Proponent will be required to comply fully with all of the requirements of the Terms of Reference before the JRP will schedule further rounds of Information Requests or sets the environmental review down for hearings.

As you know, Dene Tha' wrote to the JRP on November 1 2004, setting out a number of concerns it has with respect to deficiencies in the EIS filed by the Proponent. Those concerns relate , among other things, to the failure of the Proponent to gather, jointly analyze and integrate our First Nation s Traditional Knowledge within the EIS, failure to address all downstream effects, including those in the NWT and Alberta, that have the potential to infringe our Aboriginal and Treaty rights within our Traditional Territory in the southern NWT and Northern Alberta, and other deficiencies as pointed out by the JRP in its December 3, 2004 and February 3, 2005 letters to the Proponent and in our letter to the JRP of November 1 , 2004. We note that you have extended the deadline to March , 2005 for the Proponent to address various issues related to the EIS , including the issues referred to in our letter of November 1 2004. We look forward to that response.

In addition, I also wish to raise certain other concerns we have in relation to the Dickens Lake and Vardie River sections of the Project ("the connecting facilities As you know, the Proponents have filed an application with the NEB for regulatory approval to construct the Project. Although the TOR defines the Project as including the connecting facilities, the Proponent' s application only seeks approval for the portion of the

Project in the NWT and a very small portion that crosses the NWT/Alberta border. It is our understanding that NOVA Gas Transmission Limited ("NGTL") will be applying to the Alberta Energy and Utilities Commission (UAEUB") for approval to construct the connecting facilities, some time within the first quarter of 2005.

We have two specific concerns related to the connecting facilities. Our first concern is that, although the Proponent has filed Supplemental EIS information for Northwestern Alberta in respect of the connecting facilities, the information contained therein is speculative in nature. This is because , absent the filing of an actual application by NGTL at the AEUB, neither our First Nation nor the JRP is in a position to determine whether the

Supplemental EIS conforms with the TOR. Absent the fiing of an actual application , it is not possible to deal with key issues related to the environmental assessment such as information related to baseline conditions , contingency plans, cumulative impacts and mitigation measures.

Our second concern relates to the practical question of how any recommendations of the JRP, such as in relation to mitigation in respect of the connecting facilities, can be enforced, if they are accepted by the Minister of Environment and other Responsible Authorities. We are faced with the following situation:

The NEB , the Federal Ministry of the Environment and other Responsible Authorities have agreed to use the JRP's Report as part of their regulatory approval process.

The scope of the environmental assessment to be carried out by the JRP is based on the Terms of Reference which include all aspects of the Project, including the connecting facilties.

The Terms of Reference clearly require consideration of issues such as cumulative impacts of the entire Project , as well as the need to consider and develop mitigation measures and other ways to minimize impacts over the entire Project including the connecting facilities.

The Proponent has filed its application with the NEB (which is clearly required to incorporate the JRP's Report within its regulatory process), while NGTL plans to apply to the AEUB for approval to construct the connecting facilties. The AEUB is not a party to any of the agreements establishing either the Terms of Reference the JRP process.

In the absence of a single regulator who has the jurisdiction to ensure that the recommendations of the JRP can be implemented , there is a real question (and concern) about whether any recommendations made by the JRP can be implemented in respect of the connecting facilities. It continues to be our position that the connecting faciliies are integrally related to the Project and , as such, that the NEB should assume regulatory jurisdiction over the entire Project , including the connecting facilties. At this point , however, the NEB has declined to deal with this jurisdictional issue.

It is our concern that if the JRP moves forward to consider the Supplemental EIS without a formal application being filed by NGTL, and if the JRP' s recommendations concerning mitigation of impacts cannot be implemented in respect of the connecting facilities, this would call into question the integrity of the entire JRP process, and would leave our rights at risk.

In light of our concerns, we therefore request the following:

(a) That the JRP defer considering the question of whether the Supplemental EIS for Northwestern Alberta conforms to the TOR until such time as NGTL files an application with the AEUB;

(b) That when NGTL files its application with the AEUB , the JRP initiate an Information Request process for the connecting facilties similar to the process currently in place for the Project;

(c) That the JRP not hold any public hearings in respect of the Project, including the connecting facilities until it satisfies itself that the Supplemental EIS for Northwestern Alberta conforms to the TOR and that all outstanding Information Requests have been satisfactory dealt with by the Proponent; and

(d) That the JRP satisfy itself, prior to holding any public hearings, that there is a proper legal mechanism in place to ensure that any recommendations made, and accepted, in relation to mitigation or other measures to minimize the impact of the Project, including the connecting facilties, can be enforced.

We look forward to your response.

Sincerely yours

Cary Chonkolay, Councilor Dene Tha' First Nation cc. Chief and Council, Dene Tha' First Nation J. M. (Michael) Yeager, President and CEO, IORVL: (403) 237-3860 The Hon. Stephane Dion , Minister of Environment: (819) 953-3457 A.D. Martin , Manager, Regulatory Affairs, IORVL: (403) 237-2208 Grand Chief Herb Norwegian, Deh Cho First Nations, (867) 695-2038 Michel Mantha, Secretary, National Energy Board: (403) 292-5503 Jon Pierce, Canadian Environmental Assessment Agency: (613) 957-0935 Joseph Handley, Minister of Aboriginal Affairs, NWT, Fax: (867) 873-0233 Bob Overvold, RDG DIA, NWT Region, Fax: (867) 669-2703 Neil McCrank, Chairman, AEUB, Fax: (403) 297-7336 The Hon. , Minister of Sustainable Resource Development (Alberta), Fax: (780) 415-4855 The Hon. Greg Melchin, Minister of Energy (Alberta), Fax: (780) 780 422-0195 TAB 67 . ,.::', ,,,,,,- :;: ' :"'... " .'." ,.,=, "",~~~,,,, ,..""'''''"... .., ,.,;-:;''", . '''',,,':,,: ' ., ~~~,. . : '..:.. ~~~~~~~:(), ..,. ~~~," ':..;".. ' " ''' ' ."" ., ''''"~~~~,." ,''''''" """''''''''''''''''''''";.. ''''."..'''' ',..,.",,;'""" ...... " ", """;' ....'. ' ::...... ".".....::'.''.',,,,,,..,'':::':.,.';'' ::'''',,,,,,,;:,..':"',,,"''';:'':',,,,,. "'.''' ':''':.'::, '):::''::' ~~~:;,::'":::' ::" =''''',::: ":.'. ""':,,,,~~~~"""::''*;'~~~,'.,.. ' , :::'~~~~, -- :::':'" ::'::. :&#

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Suite 302, 1'25rvaik l?ic ROaQ O, !3t);( 2412 Jojl1tReviewPael lnllvik. NT XOE OTG fott.h kenZ.i Ga$Pr(jl Phone: (S67j 678-8604; Fax: (867) 777.3105

Car Chonkolay Councilor Vi4 Fac. irnH?;' 78J;:-321..3886 Dene Tha.' First Naton l30K lZQ h, AB TOBOSO

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DearCoooeiior Chonkolay;

TheJ mt eviawP l (thePM 1)a.cktl()wledg $re ipt Q'f:yott l ttet ofFe,bro 10, 200.5.

Withre pectt0Y0ui' reqllestfu paragraph (e) of your lefter' theP.anelre~r-stoits previt)\l omIDticatiQXi$t() the o.ttbat it Wil not hbldanYPllblic heargs inl pectofthe Project; l1Jrlg the QQ11 cting' f'a.f.nitie$ in NQl11:l'we$.t tnAlb t11il it i$$ati died that it iellt inf0t1\1anpn t(j pt() eeq. $uf tQtheh arlI1'g pha$e. tl1e Pq.elWjll l$Qnot Pro hearngsu:ntil ifis atisfi dfuatalparies1.nvel1-d anag te()PPQ i1:t()obtl:rr fuer IDfQtm uQi1 tl)Q.ug):tthe ItrotmatlQn :Reque$tpto.c ss.

WithrespoottoYOlltrequests inpm'agraphsJa)andCQ)) tlePanel is curently reviewig; the Supplcineti EnvirQnmental ImpactStatemerrt (EIS) for Northwestern Alb.erta, filed by the PrQ.ponen:tJJd r$QVeI' (rfits lefer0fD cember 31) 2004 to see IfifcOlltaS sicietl itlt"QrmatiQ-n fQrthe Pan l toproce.cd. 1f thePanel fOnns'the opfuQntha-t ths Supplemental, ErS' doe'$ nQt!tohti $wficlentin('h1a.1:on, it Will make fW1ei' req:ucs-ts, of-tile PrdpO.6ent. a$ the Panel l1 d:one witl:respeettiJ t1:e rel 111et1$ orthe :gIS. Th 1elclQeS ni)t ne dtQ have :Defore it a copy of any pro :pose NOVA Gcl,S Tnmsns$l(jl) Ltd. (NGTL )a;pplicatiol' to the AlbeftETier ardUtilitie.s Board in order to procedwifh its review oftheSupplemental EIS , t:ti$ rlm

With,respeet to:your req esti:tl';par(tgra,pl1 (4), 'teJ? elpoi1ts' t t11' 'tjsat1 issu thtyo'U mayp 'with th tQprfte gQverneIit lltetvenel's'andtl Prqp.0fel1ftnough the lnfdt'tio:n Req $tptQce$$ iidmthe' ptit5Ifc heagit

Sincere.IY,

12M Roher/ Homal Chait TAB 68 , , "" ...... -... -....,...... ""...... "".., .. .. ,"".. .. -""''( ...... &.....

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.lnl'enl ol Alborto ftg 2002 IPAC Gold Award , tor Inn\)V A1100ra M.ntoge,nel\t JUSTICE Our Pile No. :C072-15- I/Dene Tha First Nation 'I. AB SRD & Apache Canada l.td.lAWl16639 Aborigina Law Team Your File No.

S: H. (St;;) Rutwind Team Lead6r Susan G. Cartier I General Counsel Donald Krk Sandra Folkis Tanya Stewart Halabisky Thomas G. Rothwell Gloria E. Hamenneister Angela Edgington Angela J. Brown

t8 Reply to Edmonton Office Reply to Offce

Writer s Direct Telephone: 780/427"

Februar 7 , 2005

Dene Tha First Nation O. Box 958 High Level, AB TOH lZO

Attetion: Cary Chonkolay, Councilor

Dear Sir:

Re: Dnty of the Government to Consult with First Nations

Thank you for your letter dated January 11 , 2005 , addressed to The Honourable Ron ,Stevens , Q. C., Minister, outlinig your concero respecting the Alberta Governnt' Consultation Policy and consulta ion efforts. Minster Stevens has requested that I tespond to your inquiry as a result of Albert being served with the Dene Tha First Nation Originating Notice and Notice of Constitutiona Question. As this mattr is now before the yourCourts, it would correspondence. be inappropriate for Minster Stevens 'to respond to the concerns raised in Thank you for bringing your concel1 to our attention.

Floor, :Bowker Building 1110 Standard Life BuUding 9833 - 109 Street 639 - 5 Avenue, SW Edonton, Albert, Canada TSK 2E8 Calgary, Albert, Canada T2P OM9 General: 780\422-0500 General: 403\297-2001 FAX: 780\425.0307 FAX: 403\662 3824

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- 2 cc: The Honourable , Premier The Honourable Andy Scott, Minister of Indian Affairs and Nortern Development The Honourable Pearl Calahsen, Minister of Aboriginal Affairs and Nortern Development The Honourable Dave Coutts, Minister of Sustainable Resource Development Neil McCrank, Chainnan, AEUB Chief and Council, Dene Tha' First Nation Executive Board, Treaty No. 8 First Nations of Albert

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Marh 8. 2005

Mr. S dy D. Martn Manager, RegulatPI) Affairs Mackenzie Gas ProJect Imperial Oil Resources Ventures Limited h Avenue S. 2.37 4 O. Box 2480, Station M Calgary, Alberta T2P 3M9

Dear Mr. Marin,

Qe: Inital Review of Supplementallnfonnation for Northwestern Albel'p

The Joint Review Panel (the Panel) is writing to convey commcntsaring ftam it$ initial review of the Mackenzie Gas Project Environmental Impa.ct Statement (EIB) Supplemental Information volume for Northwestern Albera (NW Alberta Supplemental Volume).

Imperial Oil Resources Ventures Limited' s (the Proponent) letter of December 31, 2004 transrhitting the Supplemental V ohnne to the Panel states Thisdocument fbJflls the requirements of Appendix 1- Project DescriptiQn of the Ters ofRet'erence for the Environmental Impact Statement for the Mackenzie Gas Project, which requires the project proponents to include an assessment of the NOVA Gas Transmission Ltd. (NOTL) facilties in the BIS." The Proponent's letter fuher states "this document provides environmental and socioeconomic baseline information on NGTL's VartHe River Section that was not available

when the Ma:kenzie Gas Project Environmental Impact Statement was fied. It also provides an update to the baseline conditions tor NGTL' s Dickins Lake Section.

The' Proponent also states in the NW Albert Supplem.ental Volume 1-- that:

By early 2005, NGTL win fie its Annual :Flan. which wil descrihef\ew facilties req'Ltirements , \"ith the EUB. It is eJrpected that the NGTL interconnect facility and pipeJinesections mentioned previously wiU be included in the Anual Plan. Theslibsequent EUB applicatlo1lS ftom NGTL for the Dickms Lake and Vardie River Sections wil contain enviro11€ntcal information thatNGTL Will collect and consider independently of any Mackemde Gas Project a$sessments, speciflcally for NGTL' 8 project cOlnponents.

The Panel reminds the Proponent tht it is the Propol1enfs responsibilty to satisfy the infonnation requirem nts of the Terms of Reference (TOR) for the EnvirotUcntal Impact Statement.

In its review. the Panel noted that many general comments and requests for additional intonl1ationpertanig to the EIS for the Mackenzie Gas Project (the Project) contained in letters from the Panel to the Proponent dated December 3, 2004, Januar 24, 2005 and February 3. 2005 tion PaneltoPr ndl havenotbeclladdressed in theNW Albert $qppl ment l Volume. As tiePrponentprepare.(j its!'ap?t1S6$to the. Panel' spteous; q\t(?stlif()rs\lpplem rta.ryinformationto the EIS, thePancl t'eqe&tSt!UIt t1eProponent c tUt1 (\()nsider the application of these iMorna.tionreqtl6$t$ to all Qf nortwester Al includingtheNardieRiver section of the stUdy area identifed in the Supplemental Volume, to ensue that they areaddressoo by Marcn 31 20pS.

In thePanel'sview $OJ;e sectiot1$ofthe Proponenfs Supplemental Volume provide information only at a conceptlal level without the requisite amount of detl or irorma,tio;n- a CODlment tht the Panel made in its' let:er of February 3;2005 to the Proponentabt;ut sornepars of the EIS. The P el' s prevous correspondence to the Pmponenfcited above should provide an indication of the level of detail and information that is required to satisfy the tOR

Of parcular note, the Panel would draw the Proponent's attention to the following matters that it ha id,entified in, previous cOITespondenc:e and requests that you address their specific apliclttionto nortwestem Albera;

Public paricipation (JR December 3, 2004; pp. 5 6); o Lad USe patter and the impact Ofproject-.related effecs (JRP, December 3, 2004; p. 11); Changes that have occurred to the envnon:tentoverthe last 30 years or longer (JRP Deembe:3, 2004; p. 13); Informaton regarding the assessment of socio-economic cUJ11Jlativeeffects (JR, December 3, 2004; p. 16); Accidents an rnalctions (IRP, DeceI)ber 3, 2004; p. 17); Information tegadfnga heritage resQuroe asseS$l1eIt (JRP, Decmber 3, 2004; p. 18); SQcio,.economic11anasement (.J, December 3; 2004; p. 20); Selection ofVECs (JR, InformationReques, JRP R 1 ..(6); Woodland Carbou Effects Assessment (JR, Information R qtlest, JR.: Rl _32); Assessment of Effects on Speciesbf Gon lll(JRP. InfotlatiQti "Request, JR- R1 _33); and JustifiC$tipn of tl " assumptiQosatd.m thods usetin predictig and11itg ting project effects and in determinig thesignifrianee ofthose effects (JR, F bru 3, 2005; p. 2).

In additi(mto its genetal cOtltttlenfs, the Panel has attached fuher (Round One) Information Requests on some specific area of theSupplamental Volume.

Please provide yom" responses to the Panel and, aU Interveners by Marcb 31, 2005.

Rober Harnal Chair

Attachment Information ReQuests - Joint Review Panel to Proponent. Round 1

Project Description

Information Request Number: JRP Rl 37

IR Directed To: Proponent

Relevant EIS/TOR Section(s): (a) EIS, Volume 2; (b) NW Alberta Supplemental Volume Section I

Rationale:

The EIS Volume 2 and the NW Alberta Supplemental Volume provide no details regarding the Vardie River pipeline s date of construction, operational and maintenance history and connecting and gathering pipeline systems. These volumes also provide no description of any other NGTL proposed pipeline developments in the area (e.g. possible cumulative pipeline developments).

Request:

(a) Please provide a description of the existing V ardieRiver pipeline system including: i. when it was constrcted; ii. when it became operational; iii. any gathering system pipelines it connects to; and iv. its operational and maintenance history (e.g. have there been any pipe failures or maintenance problems).

(b) Please provide a map, of suitable scale, depicting the location of the existing NGTL natural gas pipeline system and all associated natual gas gathering system pipelines the area of northwest Alberta (generally bounded by the NWT border to the nort, the Mackenzie Highway to the east, Highway 58 to the south and the British Columbia border to the west). The map should also indicate the location of any proposed natual gas pipelines that NGTL plans to constrct in the area in the next 5 years. Information ReQuests - Joint Review Panel to Proponent. Round 1

Alternative Means of Carrying out the Project

Information Request Number: JRP _

IR Directed To: Proponent

Relevant EIS/TOR Section(s): NW Alberta Supplemental Volume, Section

Rationale:

On page 1-9 of the NW Alberta Supplemental Volume reference is made to thee potential sites for railway sidings for the offoading and stockpilng of pipe: (a) Steen River; (b) Meander River; or ( c) High Level. The Proponent also states that a site of approximately 5- 10 hectares wil be needed for this purose and that the siding wil be selected in the detailed design phase. The Proponent also states "effort wil be made to use existing cleared areas to limit the impact of pipe storage areas near existing sidings.

Request:

(a) Please confirm that only one of the three potential sites (e.g. Steen River, Meander River or High Level) wil be required for a pipe offoading and stockpilng site.

(b) For each of the three potential pipe offoading and stockpiling sites (e.g. Steen River Meander River and High Level), please describe: i. the baseline environmental conditions; ii. the activities that would have to be undertaken to develop a rail siding and pipe stockpile site at each location; 111. the impact of the proposed activities on the existing environment and socio- economic conditions; IV. the most likely overland trck transportation route from the potential pipe stockpile site to the Dickins Lake and Vardie River sections; the factors that the Proponent wil consider in selecting which rail siding wil be developed; and VI. any development or restoration plans the Proponent has for the proposed pipe stockpile site following the construction phase of the Mackenzie Gas Project.

(c) Please provide a discussion of the comparative environmental and socio-economic effects of each of the three potential pipe offoading and stockpile sites in northwest Alberta. Information ReQuests -: Joint Review Panel to Proponent. Round 1

Alternative Means of Carrying out the Project

Information Request Number: JRP - Rl- 39

IR Directed To: Proponent

Relevant EIS/TOR Section(s): NW Alberta Supplemental Volume, Sections 1 and 11 Rationale:

On page 1-9 of the NW Alberta Supplemental Volume, the Proponent states that camps wil be required for construction of the facilties and the pipeline. It futher notes that the nearest camp, Wiebe camp, could be used for initial access development and final cleanup activities. Another potential camp, Wildboy Trail camp, could be located at an existing clearng near the NGTL right-of-way. The Proponent goes on to state "final camp location wil be determined in the detailed design phase in consultation with existing camp operators and potential contractors.

On pages 1-9 and 11-9 of the NW Alberta Supplemental Volume, the Proponent states that construction of the Dickins Lake and Vardie River sections is expected to generate a peak of 400 direct jobs and that the Wildboy Trail camp would accommodate 300 to 400 personnel.

Request:

(a) Please confirm whether the Wildboy Trail camp is an existing camp or whether it is planned to be in place for the construction of the Dickins Lake and Vardie River sections.

(b) Please provide a description of the Wiebe and Wildboy Trail camps, ' including: i. when they were (or wil be) constructed; ii. the total bed capacity of each camp; iii. whether they are (or wil be) closed or open camps, and, if they are open camps indicate who the owner/operator is (or wil be); lV. whether they are (or wil be) operated on a seasonal or year-round basis and, if seasonal, indicate the months they usually (or are expected to) operate; a description of the potable water sources and waste disposal characteristics of each camp; and VI. the approximate dates (months) the camps would be required for project use.

(c) Please provide a description of the conditions under which either or both of the Wiebe and Wildboy Trail camp(s) would be used and the factors, including availabilty, that would be taken into consideration in making the decision.

(d) In the event the Wiebe or Wildboy Trail camps are unavailable or 1.able to meet the needs of the project, please indicate whether a contingency plan is in place to constrct a thrd camp and, if so, provide the requirements of such a camp, its proposed location and the impacts on the environment if it were to be constructed and operated. Information Reauests - Joint Review Panel to ProDonent. Round 1

Public Participation Matters

Information Request Number: JRP R1 40

IR Directed To: Proponent

Relevant EIS/TOR Section(s): (a) TOR, Section 10; (b) NW Alberta Supplemental Volume Section 12; (c) EIS Volume 1 , Section 4.7.1

Rationale:

In the TOR, Section 10 states that public paricipation is an important component of the environmental impact review process and a means by which the concerns and interests of the public are taken into account.

In the NW Alberta Supplemental Volume, page 12- , the Proponent identifies the Dene Tha' First Nation (DTFN) as an interested pary that might be affected by the Dickins Lake and Vardie River sections. The Proponent also states that Makenzie Gas Project (MGP) representatives initiated discussions with the DTFN in July 2002. In the NW Alberta Supplemental Volume Section 12 and EIS, Volume 1 , Section 4, the last documented communication by MGP representatives with the DTFN occurred in June 2004.

In the NW Alberta Supplemental Volume, page 12- , the Proponent states "curently, NGTL representatives are communicating with the DTFN about the development of the Dickins Lake and Vardie River sections. This communication wil be referenced as part ofNGTL' s application to the Alberta Energy and Utilties Board (EUB)." No specific discussions between NGTL and the DTFN are noted in the NW Alberta Supplemental Volume.

Request:

(a) Please provide an update on all discussions representatives of the MGP and NGTL have had with representatives of the DTFN since June 2004 that are not described in the EIS or the NW Alberta Supplemental Volume. The contact infonnation should include: (i.) the community where the contact took place; (ii.) date of the contact; (iii) the stakeholder group or individual contacted; and (iv.) a summary of the concerns or issues raised and the Proponent' s responding actions or resolution plan and follow-up.

(b) For each of the contacts identified, the Proponent should clearly identifY whether the issue or concern discussed at the meeting has been identified previously in the EIS or is a new EIS-related issue, If it is a new issue, discuss whether it is a new Valued Environmental Component (VEC) and, if so, provide an assessment and conclusion about the significance of the new VEC. Information ReQuests - Joint Review Panel to Proponent. Round 1

Traditional and Local Knowledge Matters

Information Request Number: JRP _ - 41

IR Directed To: Proponent

Relevant EIS/TOR Section(s): (a) TOR, Section 5. 2; Section 6; Section 11.4. 5; (b) NW Alberta Supplemental Volume, Sections 1 , 9 and 11 ; (c) EIS, Volume 1 , Section 2

Rationale:

The TOR, Section 5.2 states that many Aboriginal persons and communities have unique knowledge about the local environment, how it fuctions, and the ecological relationships that characterize it. In Section 6 of the TOR, it states that the Proponent shall, with the cooperation of other parties, use and incorporate traditional knowledge into the EIS. The TOR, Section 11.4. requires that a description be provided of historic and curent human use of vegetation, including subsistence and commercial harvesting.

In the NW Alberta Supplemental Volume, page 1- , the Proponent states "as in the EIS, this document uses existing published literatue on traditional knowledge." The Proponent lists a 1997 study by the DTFN entitled Dene Tha ' Traditional Land. Use and Occupancy Study. The Proponent provides an overview of the traditional knowledge study process in the EIS, Volume 1 Section 2 and reference to the DTFN traditional land use area in the NW Alberta Supplemental Volume, page 11.

In the NW Alberta Supplemental Volume, page 9- , the Proponent notes that community-based infonnation on traditional plant use is not available along the pipeline corridor and that "NGTL is developing a traditional land use report with the DTFN.

Request:

(a) Please provide a map depicting how the geographic area encompassed by the traditional territory (or traditional land use area) of the Dene Tha' First Nation corresponds to the environmental and socio-economic study areas for the Dickins Lake and Vardie River sections and any portion of the study areas in the Northwest Territories.

(b) Indicate whether MGP or NGTL representatives have discussed the Mackenzie Gas Project with respect of the findings of the 1997 Dene Tha ' Traditional Land- Use and Occupancy Study with representatives of the Dene Tha' First Nation. If so , provide details of when, where, with whom these discussions occurred, and a summary of the concerns or issues raised and the Proponent' s responding actions or resolution plan and follow-up.

(c) Indicate when NGTL plans to complete, with the cooperation ofthe DTFN, the traditional plant and landuse report for the Dickins Lake and Vardie River pipeline corridor. As well, indicate whether the Proponent intends to submit the traditional plant and land use report to the Joint Review Panel.

(d) Please provide a copy of the 1997 study by the Dene Tha ' First Nation entitled Dene Tha ' Traditonal Land- Use and Occupancy Study Information ReQuests - Joint Review Panel to Proponent. Round 1

Trapping and Traditional Harvesting Matters

Information Request Number: JRP _ - 42

IR Directed To: Proponent

Relevant EIS/TOR Section(s): (a) EIS, Volume I , Section 2.4. 1.6; (b) EIS, Volume 4, Section 5; (c) EIS, Volume 6B, Section 6; (d) NW Alberta Supplemental Volume, Section 13

Rationale:

In the EIS, Volume 4, page 5- , the Proponent states that "the Dene Tha' are actively involved in the dual economy. The whole First Nation has only 43 registered trap lines and 43 accredited trappers. However, it is reported that enthusiasm for trapping is seen in the large number of young trappers, 247." On page 5- , the Proponent fuher notes "The Dene Tha' trapping areas extend as far south as Paddle Prairie and extends beyond the Northwest Territories boundary to the north.

In the BIS, Volume 6B , pages 6-8 and 6- , the Proponent references the DTFN Land Use and Occupancy Study and cites the importance that the study attaches to traditional land use especially trapping, and the study s conclusion that industrial development, especially forestr and oil and gas development have distubed the traditional Dene Tha' lifestyle. On page 6- , the Proponent fuher states that "in the absence of direct input from the DTFN to this assessment, the residual effects (on traditional harvesting) summarzed in Table 6-9 have been estimated by the assessment team. " In the table, they are assessed to be of no significance.

On page 11-3 of the NW Alberta Supplemental Volume, the Proponent indicates that traditional cultue and harvesting were not evaluated as socio-economic VECs for the Vardie River Section. On page 13-2 the Proponent states that "existing land uses in the region include, among other uses: trapping, hunting and fishing" and concludes "the rate of renewable resource harvesting is unown. However, it is likely low given the limited access in the region.

The BIS and the NW Alberta Supplementary Volume provided no baseline traditional harvesting information for the Dene Tha' or contact information with Dene Tha ' hunters, fishers and trappers.

In the BIS, Volume I , Section 2.4. 1.6, the Proponent states that "to ensure that the EIS does not under-predict effects , a precautionar approach was applied.. . For example: even though an effect might be uncertain, it is stil assumed likely to occur.

Request:

(a) Please provide a description of, and data relating to, the baseline conditions of the Dene Tha' traditional harvesting and trapping (for example , information should be similar to that provided in the EIS Volume 4, Section 5. 1 and accompanying Tables 5- , 5- and 5-29).

(b) Provide a map, of suitable scale, indicating the location of all Registered Fur Management Units in the traditional territory ofthe Dene Tha' First Nation and the location of the proposed Mackenzie Gas Project pipeline and related infrastrcture and Information ReQuests - Joint Review Panel to Proponent. Round 1

the existing NGTL pipeline and infrastructue.

(c) Explain how the precautionar approach used by the Proponent has been applied to the prediction of effects on traditional harvesting by the Dene Tha' First Nation in the Northwest Terrtories and northwestern Alberta, including the Vardie River Section justify the detennination of significance, and justify the confidence of the prediction.

(d) Provide an update on all discussions representatives of the MGP and NGTL have had with the Registered Fur Management license holders in the vicinity of the Dickins Lake and Vardie River sections. The record of these discussions should include: the date of the contact; the individual contacted; and a summary of the concerns or issues raised and the Proponent' s responding actions or resolution plan and follow-up. Information ReQuests - Joint Review Panel to Proponent. Round 1

Heritage Resources Matters

Information Request Number: JRP Rl 43

IR Directed To: Proponent

Relevant EIS/TOR Section(s): (a) Joint Review Panel Letter to Proponent, December 3, 2004; (b) NW Alberta Supplemental Volume, cover letter dated December 31 , 2004

Rationale:

On page 18 of the Joint Review Panel' s letter of December 3 , 2004 to the Proponent, the Panel stated "in Volume 6B, Section 8. , the Proponent notes that heritage resource assessment studies for the NGTL facilities have not been conducted." In the same letter the Panel requested the Proponent to "... submit its heritage resources assessment for the NGTL facilties located in northwestern Alberta, including the Dickins Lake pipeline section, the Vardie River looping sections and the interconnect facilty.

The Panel notes that the NW Alberta Supplemental Volume was submitted under cover dated December 31 , 2004, yet no heritage resources assessment infonnation or contingency plans for heritage resource discoveries during construction are provided.

Request:

Please indicate when the Proponent intends to fie its heritage resources assessment and heritage resources contingency plan for the Dickins Lake and Vardie River sections with the Joint Review Panel. Information ReQuests - Joint Review Panel to Proponent. Round 1

Socio-Economic Matters

Information Request Number: JRP Rl

IR Directed To: Proponent

Relevant EIS/TOR Section(s): NW Alberta Supplemental Volume, Section 12

Rationale:

In the NW Alberta Supplemental Volume, page 12- , the Proponent notes: " ... the DTFN has expressed a strong desire to be included in the Aboriginal Pipeline Group.

Request:

Please indicate whether the Proponent has considered the request of the Dene Tha' First Nation t be included in the Aboriginal Pipeline Group and, if so, whether the Proponent accepted or rejected this request. If the Proponent has made such a decision, please indicate when this was communcated to the Dene Tha' First Nation. Information ReQuests - Joint Review Panel to Proponent. Round 1

Socio-Economic Matters

Information Request Number: JRP RI 45

IR Directed To: Proponent

Relevant EIS/TOR Section(s): NW Alberta Supplemental Volume, Section II

Rationale:

In the NW Alberta Supplemental Volume, page 11- , the Proponent lists a number of key socio- economic indicators including: Gross Domestic Product (GDP) for Alberta; employment (direct indirect, induced) for Alberta; labour income for Alberta; and land and resource use for Alberta.

The Proponent does not describe any local (e.g. particular to the communities of Chateh Rainbow Lake, High Level, Zama City, Bushe River, Meander River) or regional (e. northwestern Alberta) key socio.economic indicators that might relate to the Mackenzie Gas Project.

Request:

Please provide a detailed discussion and rationale for not including local or regional key socio- economic indicators relating to the Mackenzie Gas Project (including the interconnect facilty and the Dickins Lake and Vardie River sections) in the environmental impact assessment. Information Reauests - Joint Review Panel to Proponent. Round 1

Transportation Matters

Information Request Number: JRP Rl 46

IR Directed To: Proponent

Relevant EIS/TOR Section(s): NW Alberta Supplemental Volume, Section

Rationale:

On page 1-9 of the NW Alberta Supplemental Volume, the Proponent states that "wherever practical, existing all-weather roads and existing winter roads wil be used (See Figue 1-2). Alternate winter access roads might be chosen depending on accessibilty.

The legend on page 1- , Figue 1-2 of the NW Alberta Supplemental Volume shows a red line for "Highways" and an orange line for "Secondary Road or Trail." According to Figue 1- there are two secondary roads / trails that intersect the Dickins Lake and Vardie River sections.

Request:

(a) Please provide a description of each of the secondar roads / trails that intersect the Dickins Lake and Vardie River sections, including: i. the width of each road or trail and standards of constrction; ii. its surface characteristics (gravel, asphalt, snow road, other); iii. what types of motor vehicles are allowed to use the road / trail; iv. whether it has open access to the public; v. the par responsible for its maintenance; and vi. whether the road / trail is used during all seasons, and if there are seasonal access restrictions, describe the restrictions in detail.

(b) Indicate whether there are trails, paths or other land routes that are not identified in Figure 1-2 that provide access for motor vehicles, including snow machines and all- terrain vehicles to the Dickins Lake and Vardie River Sections. If they exist, provide a description of the tye of access they provide, who uses them, when they are accessed with what frequency and for what purpose.

(c) Indicate whether the Proponent has a contingency plan if the project requires road access other than the access provided by the two roads or trails marked on Figure 1-2 in the NW Alberta Supplemental Volume. If the Proponent has such a contingency plan, indicate when those plans wil be submitted to the Joint Review Panel.

(d) Please provide information concerning any future plans that the Proponent is aware of (e.g. by industry or governent) for construction or opening up of any new access roads associated with developments in the vicinity ofthe proposed Dickins Lake and Vardie River sections. Information ReQuests - Joint Review Panel to Proponent. Round 1

Groundwater Matters

Information Request Number: JRP Rl 47

IR Directed To: Proponent

Relevant EIS/TOR Section(s): NW Alberta Supplemental Volume, Section 4

Rationale:

In the NW Alberta Supplemental Volume, page 4- , the Proponent indicates that durng operations "(wJatercourse crossings where frost bulb mitigation measures are not applied, and any cross-slope areas, could experience effects of moderate to high magnitude." The Proponent further states that "(mJonitoring for frost bulb development would enable an engineering response to manage effects." In this section it is not evident during what situations mitigation measures would be applied at watercourse crossings, nor is it evident what plans wil be in place to monitor the development of frost bulbs. It was also unclear what mitigative measures would apply for frost bulbs discovered or created during operations.

Request:

(a) Please indicate the criteria by which the Proponent proposes to detennine when frost bulb mitigation measures wil and will not be applied.

(b) Describe plans for monitoring the development of frost bulbs.

(c) Please describe the mitigation measures that would be applied for frost bulbs discovered or created during operations. Information ReQuests - Joint Review Panel to Proponent. Round 1

Wildlife Matters

Information Request Number: JRP Rl 48

IR Directed To: Proponent

Relevant EIS/TOR Section(s): (a) TOR, Sections 5. 5; 11.; 14; 14.4; (b) NW Alberta Supplemental Volume, Section 10; (c) EIS Volume 1 , Section 2.4. 1.6; (d) EIS Volume 5E Section 10.

Rationale:

In the TOR, Section 11. 1 states that description of the baseline should include substantive changes to the biological environment to the extent known and indicate whether these changes are ongoing. TOR, Section 14 states that potential impacts to biological VECs should consider sensitivity to the Project, abilty to recover from Project impacts, trends and natural varation. TOR Section 14.4 states that the description and evaluation of the Project's potential impacts on VECs related to wildlife or wildlife habitat should include considerations of wildlife movement patterns, home ranges, distribution or abundance and sensitive or important habitat areas.

In the NW Alberta Supplemental Volume, page 10- , the Proponent states "wildlife baseline conditions along the Vardie River section are expected to be similar to those along the Dickens Lake Section. " No substantiation is provided for that portion of the Vardie River section where NGTL pipeline and related infrastructure exist.

In the NW Alberta Supplemental Volume, page 10- , the Proponent states that "habitat fragmentation and the effect it has on the amount of available habitat for caribou necessitates a conservation plan." In the NW Alberta Supplemental Volume, page 13- , the Proponent states that the pipeline "crosses a caribou management zone and must be in compliance with the Red Earth Caribou Protection Plan. In Alberta, delineation of these zones is based on identification of suitable habitat and available infonnation on caribou distribution. Resource extraction companies are asked to follow specific land-use guidelines for operations within caribou management zones... Effects-management measures, including a caribou protection plan to be developed by NGTL, wil address the potential of the Dickins Lake and Vardie River sections to contrbute to cumulative effects." The Proponent has not provided details with respect to the content of applicable plans and guidelines and their application in addressing potential project impacts on woodland caribou.

In the NW Alberta Supplemental Volume, page 10- , the Proponent states that "the most important cause of mortality tyically is from increased access for hunters and predators. The Vardie River Section wil not create new access. Therefore, mortality from increased access as a result of constrcting the Vardie River Section wil be limited. All effects on wildlife mortlity are predicted to be low magnitude (see Table 10-9). Developments on the Vardie River Section are predicted to have no significant effects on wildlife mortality." The Proponent has not provided baseline wildlife population trend data and harvest trend data for the Vardie River section that extends over a period of time preceding and concurrent with the construction and operation of the existing NGTL pipeline and related infrastructue in the Vardie River section.

In the NW Alberta Supplemental Volume, page 10. , the Proponent states that "movements of VCs in the study area are not well known. Predictions are largely based on wildlife habitat use and inferences about how animals might move between patches of preferred habitat. Wildlife Information ReQuests - Joint Review Panel to Proponent. Round responses to industrial activities have been well documented and were used to support the predictions. Therefore, confidence in predicting responses of wildlife movement to project activities is moderate." The Proponent provides no substantial documented evidence to support this prediction.

In the EIS, Volume 1 , Section 2.4. 1.6, the Proponent states "to ensure that the EIS does not under-predict effects, a precautionar approach was applied... For example: even though an effect might be uncertain, it is stil assumed likely to occur." The EIS and NW Alberta Supplemental Volume do not provide wildlife population data and trend information for northwestern Alberta, including the Vardie River section. The NW Alberta Supplemental Volume also suggests that the movement of VECs is not well known. In the NW Alberta Supplemental Volume, page 10- , the Proponent states "because of the precautionary approach used to predict effects on wildlife of adding the Vardie River Section, there is a high degree of confidence in the assessment of significance of effects. " This statement requires futher explanation and justification.

Request:

(a) Please substantiate for that portion of the Vardie River section where the NGTL pipeline and related infrastructure exist the following statement in the NW Alberta Supplemental Volume, page 10-2: "wildlife baseline conditions along the Vardie River section are expected to be similar to those along the Dickens Lake Section.

(b) Provide the following with respect to woodland caribou: i. a copy of the Red Earth Caribou Conservation Plan, a map of the area to which it applies and where this area is intersected by the pipeline and any related infrastrcture; 11. the specific guidelines that the Proponent wil follow for its operations within the caribou management zone(s); iii. a description of the effects-management issues and measures and caribou protection plan that wil apply in the Dickins Lake and Vardie River sections; and IV. a schedule for the submission ofNGTL' s effects management measures and caribou protection plan to the Joint Review Panel.

(c) Provide a description of changes in wildlife populations and habitat and population trend data in the northwestern Alberta study area generally and for the Vardie River section specifically from the period immediately prior to the constrction ofNGTL' s pipeline and infrastructure in the Vardie River area to the present day.

(d) Provide documentation regarding wildlife responses to industrial activities that the Proponent has used to support its predictions of project effects on wildlife movements generally, and woodland caribou specifically, especially with regard to habitat avoidance.

(e) Explain how the precautionar approach used by the Proponent has been applied to predict effects on wildlife in the Vardie River section, and provide the justification for the corresponding high degree of confidence in the assessment of significance of effects. Information ReQuests - Joint Review Panel to Proponent. Round 1

Cumulative Effects

Information Request Number: JRP R1 49

IR Directed To: Proponent

Relevant EIS/TOR Section(s): (a) TOR, Section 11. 0 and Section 17. 0; (b) EIS, Volume 5 Section 12; (c) NW Alberta Supplemental Volume, Section 13.

Rationale:

As described in the TOR, Section 17. , cumulative effects may occur when the impacts of one project or activity combine with the impacts of other past, present and future projects and activities. Section 11. 0 of the TOR states that:

To assist in identifying and accounting for trends and changes in the environment that are not caused by the Project, but that may either combine with those impacts related to the Project or cause a change to the Project:

1. describe any substantive changes to the physical, biological and human environment of the Project area that have occured since circa 1940, to the extent known, and indicate whether those changes are ongoing;

2. specifically, describe any changes to wildlife and fish habitat and to distrbution movements or abundance since circa 1970, as appropriate;

3. describe how the environment has changed in relation to recent hydrocarbon exploration and transmission, and mining activities;

4. predict the condition of the environment within the expected lifespan of the Project, ifthe Project did not proceed. Considerations shall include but not be limited to global climate change and variabilty (see section 16. 1 Climate Change), pennafrost distribution and characteristics, variation in wildlife and fish abundance and distribution, water quality, ecological connectivity and demographic and socio-economic trends; and

5. discuss substantive changes in human use of the land, settlement patterns and social and cultual conditions , to the extent known, since circa 1940 and circa 1970.

In its assessment of cumulative effects for the Project, the Proponent concluded in the EIS Volume 5 , Section 12, that the Project does not contribute significant cumulative effects and there are no significant overall cumulative effects.

In NW Alberta Supplemental Volume, page 13- , the Proponent states that these results "mean based on available infonnation and assessment methods, no issues of management concern associated with cumulative effects on a valued component are likely in the futue. These conclusions are based on the assumption that NGTL wil develop and implement appropriate management and monitoring programs, as approved by the applicable regulatory authority. Infonnation supporting this assumption is not provided. Information ReQuests - Joint Review Panel to Proponent. Round 1

In EIS, Volume 1 , page 4- 147, the Proponent states "because infonnation gathering is in the initial stages for all Dene Tha' First Nation communities , few issues have been raised. " In the NW Alberta Supplemental Volume, no issues or concerns identified in public meetings are cited.

Historic baseline infonnation in northwestern Alberta and northeastern British Columbia is important in identifying changes in the environment that are not caused by the Project, but that may combine with those impacts related to the Project. This infonnation is an important component in conducting a cumulative effects assessment of the Project in the area. Due to the proximity of the Project to the British Columbia - Alberta border, it is important for the EIS to address past, present and reasonably foreseeable futue activities in northeastern British Columbia, as well as northwestern Alberta.

Historic population and trend data for wildlife, fish and socio-economic VECs are not provided in the EIS for northwestern Alberta and in the NW Alberta Supplemental Volume. In NW Alberta Supplemental Volume, page 13- , the Proponent states "the rate of renewable resource harvesting is unkown. However, it is likely low given the limited access in the region." No harvesting data for either traditional or non-traditional activities are provided either in the EIS or the NW Alberta Supplemental Volume.

In NW Alberta Supplemental Volume, page 13- , the Proponent states "the terrestrial RSA was based on wildlife distribution and occurence, and was the region in which other land uses that could interact with the project were mapped and identified." This mapped infonnation and details on identified land uses are not provided.

In NW Alberta Supplemental Volume, page 13- , the Proponent states "although it is a reasonable assumption that oil and gas activity wil continue in the region, specific infonnation describing such activities is not available." A proposed logging road is the only specific futue activity cited. No projections of future oil and gas driling in the area are provided.

In NW Alberta Supplemental Volume, page 13- , the Proponent states "a high-level overview of the cumulative effects on most biophysical resources indicated that little or no overlap exists between the effects of the Dickins Lake and Vardie River sections, and other reasonably foreseeable projects." Infonnation supporting this statement is limited to the general reference to the proposed logging road and activity in the related Forest Management Area.

In NW Alberta Supplemental Volume, page 13- , the Proponent states "in all cases, overall cumulative effects are negligible. Except for woodland caribou, no known land and resource management concerns exist."

In the EIS, Volume 1 , Section 2.4. , the Proponent states that "to ensure that the EIS does not under-predict effects , a precautionary approach was applied.. . For example: even though an effect might be uncertain, it is stil assumed likely to occur.

Request:

In addition to some of the baseline infonnation that the Panel has requested through other IRs, the Panel requests the following:

(a) Please provide a description of changes in resource harvesting levels in the northwestern Alberta study area generally and for the Vardie River section specifically from the period immediately prior to the construction ofNGTL' s pipeline and infrastructue in the Vardie Information ReQuests - Joint Review Panel to Proponent. Round 1

River Area to the present day.

(b) Provide a set of maps documenting for each decade since 1940 to the present day the areal extent of oil and gas and forestry activities, human settlement patterns and road networks in northwestern Alberta and norteastern British Columbia and a quantitative assessment of the area affected by these activities.

(c) Provide a map of the Regional Study Area, referred to in NW Alberta Supplemental Volume, page 13- , which identifies the locations of other land uses that could interact with the Project.

(d) Provide for the last five years (2000 - 2004) for northwestern Alberta and northeastern British Columbia, an amiual summar of the following: i. the monthly number of development, exploratory and other well licenses issued; ii. the monthy number of drll rigs workig; iii. the monthy number of oil, gas and other wells completed.

(e) Explain how the precautionary approach used by the Proponent has been applied to the prediction of cumulative effects in nortwestern Alberta, including the Vardie River Section, justify the determination of significance, and justify the confidence of the prediction. TAB 70 March 25, 2005

Office of the Minister of Justice and Attorney General Alberta Justice 3rd Floor, Bowker Building 9833 - 109 Street Edmonton, AB T5K 2E8

Attention: The Honourable Ron Stevens, Q. Minister of Justice and Attorney General

Fax: (780) 422-6621

Alberta Department of Energy North Petroleum Plaza 9945 108 Street T5K 2G6 Edmonton , AB

Dear Sir:

Re: Consultation Between the Government of Alberta and the Dene Tha First Nation

As you know, I have recently written two letters to you in respect of consultation-related issues. In a letter dated January 11 , 2005, I raised a number of questions about how Alberta intends to carry out its legal duties to consult with our First Nation in light of the Haida Nation decision of the Supreme Court of Canada. I also wrote to you on January , 2005, asking how your Government wil consult with our First Nation in respect of the Mackenzie Gas Project.

On February 7, 2005, I received a letter from Stan Rutwind of Alberta Justice, replying to my letter of January 11 , 2005. In that letter, Mr. Rutwind said that because certain consultation issues were before the courts as a result of a legal action that Dene Tha filed against Alberta and Apache in respect of seismic approvals , that it would be inappropriate for Minister Stevens to respond to the questions raised in the January 11 2005 letters.

I note that the above-mentioned legal action is now in abeyance. I therefore request that you respond to the issues raised in both the January 11 and January 21 , 2005 letters at your earliest convenience. I look forward to hearing from you.

Sincerely yours

Cary Chonkolay, Councilor Dene Tha' First Nation cc. The Hon. Pearl Calahasen , Minister of Aboriginal Affairs and Northern Development (780) 427-1321 Neil McCrank, Chairman , AEUB , Fax: (403) 297-7336 Brian McGuigan , Executive Director, Aboriginal Consultation, Ministry of Aboriginal Affairs and Northern Development, (780) 415-9548 Chief and Council , Dene Tha' First Nation Executive Board , Treaty 8 First Nations of Alberta, Fax: (780) 484-1465 Stan Rutwind , Alberta Justice: (403) 662-3824