Environmental Report Frederick House River – Wanatango Falls Hydroelectric Generating Station Project Wanatango Falls Environmental Report October 2011 FOREWORD Xeneca Power Development Inc. (Xeneca) is pleased to provide a copy of the Class EA for the proposed project: the Wanatango Falls Hydroelectric Generating Station on the Frederick House River. This represents the culmination of a considerable joint effort by our scientists and engineers working in co-operation with agencies and stakeholders. The completion of the Class EA is not the end of the environmental review and permitting process. A series of regulatory approvals will be required post EA under various Federal, Provincial and municipal statutes. For example, Xeneca must provide detailed design information to the Ministry of Natural Resources (“MNR”) which would consider approvals under the Lakes and Rivers Improvement Act. The purpose of a Class EA is to ensure that positive and negative impacts of the proposed project are identified, evaluated and considered in the planning and execution stages and to undertake meaningful engagement of all interested stakeholders who may wish to be involved in the project planning and development process. In this context, the environment being considered includes the natural/physical, socio/economic and cultural/human landscape. In order to meet the Milestone Date for Commercial Operation as set out in the Feed-In-Tariff (“FIT”) contract requirements, Xeneca would need to commence site preparation in mid-2012, followed by the construction of the facility between 2012 and 2014. This approach allows the Agencies to complete the necessary environmental review required by the conceptual planning period in the Class EA and subsequently focus on detailed design, permitting and approvals. Process and Approach The Class EA document suggests a timeline of 12-18 months to prepare a project specific Class EA document. Xeneca began work on notification of Agencies immediately upon receipt of the FIT contract and began Class EA activities in the summer of 2010. It should be noted that certain preliminary work on the project dates back to 2007-8 with an application for Site Release to the MNR. The Class EA process suggests the collection of field data for a minimum of one season including a spring freshet which, for the project, was completed in 2010. As a proactive position, Xeneca is continuing environmental studies in 2011 and, to some extent beyond 2011, to develop a fuller information database for use in post-EA permitting and EA verification purposes. This work will also be invaluable to support any requirement for Adaptive Mitigation if any unplanned effects arise during construction or operation. This document identifies work and field studies which are either underway or that are planned through 2011. An Adaptive Management workshop is Wanatango Falls Environmental Report October 2011 proposed in the early post-EA period well in advance of any potential major permitting or construction activities. Xeneca is continuing to implement this study program in anticipation of timely issuance of a Statement of Completion (MOE) and Notice to Proceed (OPA). Under the waterpower process, detailed design is undertaken following issuance of a Statement of Completion of the Class EA. Xeneca continues to work with agencies, municipalities, the public and various stakeholders in a collaborative manner to address issues that may arise during the project review process. Review of detailed designs and associated issues will be considered through the post-EA approvals process under the Fisheries Act, Lakes and Rivers Improvement Act, the Navigable Waters Protection Act, the Public Lands Act, and, if applicable, the Endangered Species Act using results from engineering studies, Class EA conformance and verification work and permitting activities. Adaptive Management Planning has been applied to ensure every appropriate level of review is performed at each stage of the project planning, execution and operating period. This is a practical approach arising from the Ontario Power Authority’s FIT schedule to simultaneously ensure the objectives of the Environmental Assessment Act and the Class EA. This approach allows progressive review by Agencies before construction and operation as information becomes available from detailed design or other work. This will allow Agencies opportunity to review detailed design and incorporate Agency input into approvals. The Ontario Environmental Assessment Act obligates a project proponent to adhere to the requirements of the Class EA and the commitments made in the Class EA. As such the Class EA forms a binding commitment between Xeneca, the government and the citizens of Ontario. Xeneca is fully committed to this process and will continue to work co-operatively with Agencies after the Class EA submission to see completion of approved post-EA studies and address any findings in refining detailed designs and/or plant operating plans, as required. Xeneca is providing a 30-day period for receiving comments on the ER as provided in the Class EA. Xeneca is committed to ensuring compliance with the Class EA and will develop assurance and verification measures to progressively assess conformance with Class EA commitments and environmental requirements throughout the project planning, execution and operational periods. Xeneca is committed to continuing to engage specific stakeholders on issues of relevance after the issuance of the Statement of Completion and into the project detail development phases. Wanatango Falls Environmental Report October 2011 Government Agency Engagement Process: During this Class EA, Xeneca has engaged with a number of federal, provincial and municipal governments, ministries and agencies and each has its mandate and mechanisms for permitting/authorizations processes towards ensuring that the proponent has met all legal requirements. These processes may explicitly or implicitly require the involvement of First Nations. It is helpful to understand the role of the agencies in reviewing this Class EA and providing context to the information: (a) Ontario Ministry of the Environment: The MOE has various primary responsibilities provided by the Environmental Assessment Act for the Class EA process and post-EA responsibilities for the Ontario Water Resources Act and the Environmental Protection Act. The MOE is responsible for the issuance of the Permit to Take Water - Category 2 prior to construction, Category 3 prior to commissioning, and any required Certificates of Approval prior to construction or commissioning of the facility. (b) Ontario Ministry of Natural Resources: The MNR plays a key role in permitting and approvals of this project because it is being built on provincial Crown lands. Two key acts govern MNR’s processes are: • Lakes and River Improvement Act, • Public Lands Act. Under the Lakes and Rivers Improvement Act, prior to permitting the proponent must request Location Approval at which time the MNR can request certain activities to be completed which include: • Class EA with a Statement of Completion, • A Letter of Advice from the Federal Department of Fisheries and Oceans (“DFO”), and • Any Crown Land related issues. (c) Department of Fisheries and Oceans: As noted above, DFO works in a complementary relationship with the MNR. After the DFO Letter of Advice is issued to MNR, the MNR may choose to issue Location Approval. Upon granting Location Approval and when detailed design is complete, DFO will review and determine whether to issue an Authorization under the Fisheries Act for a HADD (‘Harmful Alteration, Disruption or Destruction') of fish habitat. Wanatango Falls Environmental Report October 2011 As a result of these dependent processes, Xeneca is required to ensure that both MNR and DFO are continually satisfied with the project detailed design prior to construction occurring. Oversight by each agency will continue through the construction and operation period. (d) Transport Canada: Transport Canada (“TC”) has an important role under the Navigable Waters Protection Act to review plans for construction of a dam in a waterway and deal with any waterway crossing for the project. Final detailed engineering designs are reviewed by TC and require approval under this Act. (e) Other: Many other agencies are also important: Health Canada, Natural Resources Canada, Ontario Ministry of Energy and Infrastructure and the Ontario Ministry of Tourism and Culture, to name a few, have an important role in the post-EA detailed design and permitting process. The Ontario Ministry of Tourism and Culture (“MTC”) oversees the Ontario Heritage Act towards the protection of archaeological sites and heritage properties. The MTC will review all archaeological investigation reports completed in support of this undertaking. Xeneca is committed to working with these agencies to facilitate the completion of these many processes and will cooperate in responding to reasonable requests for additional information. A table outlining potential regulatory permits, approvals and authorizations that may be required for the proposed project is provided in Section 9 of this Class EA. First Nations and Aboriginal Communities The development of waterpower resources on Crown Land will necessarily involve First Nations and Aboriginal communities as part of the Crown’s duty to consult and as part of the specific requirements of certain regulatory processes. Prior to the Class EA process, the MNR’s site release policy and procedures