Watchers of The Land...Watchers of The Land From: To: Subject: RE: Figure 1.5 Traditional Gravesites...
Transcript of Watchers of The Land...Watchers of The Land From: To: Subject: RE: Figure 1.5 Traditional Gravesites...
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Mary Coffey
From: Lionel Lepine [Sent: September-27-12 3:36 PMTo: Jenny Biem; [email protected]; Eamon MurphySubject: FW: Figure 1.5 Traditional Gravesites on Leased Area
Lionel LepineLionel LepineLionel LepineLionel Lepine
TEK/TLU Facilitator
Watchers of The Land
From:
To:
Subject: RE: Figure 1.5 Traditional Gravesites on Leased Area
Date: Thu, 17 Apr 2008 12:27:52 -0500
Hey Erin
Yes, that's exactly what I want to show. In fact, there are 4 graves in that area. Shell did not want the number
of graves, just an area where they are located.
Thanks Erin.
Lionel LepineLionel LepineLionel LepineLionel Lepine
TEK/TLU Facilitator
Watchers of The Land
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Subject: Figure 1.5 Traditional Gravesites on Leased Area
Date: Thu, 17 Apr 2008 10:25:52 -0600
From:
To:
CC:
Hi Lionel,
Thanks for faxing that map again. Here is the final version for your review. One thing to note, Figure 1.5 in your December draft (sent to Shell) had 3 graves marked, but your recent fax had just one area marked. Please confirm if this is what you want to show.
Thanks, Erin
Erin Dodd (B.Sc. ENSC) | Project Coordinator | Golder Associates Ltd. 1000, 940-6th Avenue S.W., Calgary, Alberta, Canada T2P 3T1
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Mary Coffey
From: Lionel LepineSent: September-27-12 3:35 PMTo: Jenny Biem; [email protected]; Eamon MurphySubject: FW: map
Lionel LepineLionel LepineLionel LepineLionel Lepine
TEK/TLU Facilitator
Watchers of The Land
Subject: RE: map
Date: Fri, 9 May 2008 13:24:03 -0600
From:
To:
I think that'll be fine Lionel, but please next time be sure to ask first. Like ACFN, we are careful with our information. If we paid for it and then someone gets it for free, that really isn't fair to us. That's why we need to look at each case individually.
Thanks,
Bill
-----Original Message----- From: Lionel Lepine [mailto:
Sent: May 9, 2008 11:34 AM
To: Kovach, William SCAN-DOD/14 Subject: map
Hey Bill
I sent a map of our traditional territory that was provided from Shell to EnCana. I was
wondering if that was ok. They need it for their own reasons. It was sent in adobe so they can't
alter it. Let me now if you have a concern and here is the contact person's e-mail
Lionel LepineLionel LepineLionel LepineLionel Lepine
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TEK/TLU Facilitator
Watchers of The Land
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Mary Coffey
From: Jenny BiemSent: May-24-11 9:41 AMTo: Jamie ZylaSubject: FW: Draft TK/TLU submission to Joint review PanelAttachments: Cover ltr_ACFN_Pre-JRP submission_TK-TLU.pdf; JRP Submission_TK-TLU Information_
19May2011_DRAFT_ .pdf
4728 consultation
From: Nicole Nicholls
Sent: May-20-11 8:11 AM To: Jenny Biem
Subject: FW: Draft TK/TLU submission to Joint review Panel
From:
Sent: May-19-11 3:10 PM
To:
Subject: Draft TK/TLU submission to Joint review Panel
Hi Lisa,
Per my May 6, 2011 note to Nicole Nicholls and CC’d to you, please find attached a cover letter and subsequent
enclosure regarding Shell’s draft TK/TLU submission to the JRP.
If you have any questions, please let me know.
Kind Regards,
Jason L. Plamondon Advisor, Aboriginal and Community Relations Shell Canada Limited 400 – 4th Avenue SW., P.O. Box 100 Station M, Calgary, Alberta T2P 3H7
Internet: http://www.shell.ca
Honouring Our Heritage. Celebrating Our Future.
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Shell Canada Energy 400 – 4
th Avenue S.W. T2P 0J4
P.O. Box 1480, Station M T2P 2L6
Calgary, Alberta
Tel (403) 691-3111
Fax (403) 264-7058
Internet www.shell.ca
May 19, 2011
Lisa King, Director, ACFN IRC
110B-9816 Hardin Street
Fort McMurray, AB
T9H 4K3
Dear Lisa,
Subject: Traditional Knowledge (TK) & Traditional Land Use (TLU)
Enclosed is a draft of Shell’s TK/TLU submission which will be part of a larger submission to
the Joint Review Panel (JRP) for Shell’s JPME and PRM applications. In keeping with the spirit
of our TK Sharing Agreement, Shell is sharing this information with you prior to submitting it to
federal and provincial regulators. Shell plans to make a larger submission, including this and
other project related information, to the Joint Review Panel (JRP) later this month.
If you have any comments or questions, please let me know.
Yours truly,
Jason Plamondon
Advisor, Aboriginal and Community Relations
Shell Canada Energy
Cc - Nicole Nicholls, ACFN
Linda Jefferson, Shell
Dan Kolenick, Shell
Encl.
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3. JOINT REVIEW PANEL INFORMATION
3.1. Consideration of Additional TLU Information
Subsection 16.1 of the Canadian Environmental Assessment Act provides for
consideration of community and Aboriginal traditional knowledge as part of the application
review. Shell has been active in the oil sands region for many years and has worked with
Aboriginal stakeholders during this time to fund the acquisition and documentation of
traditional knowledge in its development areas. This knowledge was incorporated into the
December 2007 Jackpine Mine Expansion and Pierre River Mine Environmental Impact
Assessment (EIA).
Since this initial filing, Shell has continued to work with Aboriginal groups to fund further
traditional knowledge studies and assist stakeholders in understanding the potential
impacts of the Projects on traditional land use (TLU) by supporting technical reviews of the
applications. In addition, TLU information potentially relevant to Jackpine Mine Expansion
and Pierre River Mine was made publicly available as part of the Total E & P Ltd Joslyn
North Mine Project regulatory process. Shell has reviewed all of this TLU information to
assess if it had the potential to alter the findings and conclusions presented in the
Projects’ EIA TLU assessment. Shell has also provided a TLU significance determination
to support and augment the TLU assessment in the Project’s EIA.
3.1.1. Additional Traditional Land Use Information
Additional traditional knowledge studies reviewed in support of the Jackpine Mine
Expansion and Pierre River Mine EIA are listed below. These studies augment those
already reviewed by Shell, which are listed in Section 3.2 of the Traditional Land Use
Environmental Setting for the Jackpine Mine Expansion & Pierre River Mine Project
(Golder 2007) and Section 6.1 of the Application for Approval of the Pierre River Mine
Project: Supplemental Information; Volume 1: Project Update and ERCB SIRs (Shell
2009).
Project-Specific Studies
• Athabasca Chipewyan First Nation Integrated Knowledge and Land Use Report
and Assessment for Shell Canada’s Proposed Jackpine Mine Expansion and
Pierre River Mine (Craig Candler and the Firelight Group Research Cooperative,
2011);
• Mikisew Cree Use of Lands and Resources in the Vicinity of the Proposed Shell –
Jack Pine and Shell – Pierre River Operations (Peter Douglas Elias, 2011); and
• Fort McKay Specific Assessment (Fort McKay Industrial Relations Corporation,
2010).
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Candler (2011) and Elias (2011) are provided in Appendix 2. The Fort McKay Specific
Assessment was previously provided by Shell to Provincial regulators on June 16,
2010.
Publicly Available Studies
• As Long as the River Flows (Craig Candler, Rachel Olson, Steven DeRoy,
Firelight Group Research Cooperative, 2010);
• Ayapaskowinowak: Ta Kiskissotamak Kayas Pimatisowin Oti Nikan Kichi
(Acknowledging the Past, Securing the Future – Traditional Land Use of the
Mikisew Cree First Nation) (Jim Tanner, 2006);
• Mikisew Cree First Nation Traditional Land use Impact Assessment – Husky
Sunrise Thermal Project (Husky Oil Operations Limited, 2005);
• Data-Collection Methodology Report, Mikisew Cree First Nation 2009-2010
Use-and-Occupancy Map Survey (Terry Tobias, Tobias & Associates, 2010);
• Description, Analysis and Synthesis of Six Traditional Land Use Studies (Peter
Douglas Elias, 2011);
• Mikisew Cree First Nation Report on the Southern Territory Use and
Occupancy Mapping Project (PACTeam Canada Inc., 2007);
• Mikisew Cree First Nation 2009-2010 UOM Survey Index (Terry Tobias, Daniel
Tobias, Verena Hofmann, 2010);
• Traditional Land Use Study Mikisew Cree First Nation – Total Joslyn North
Mine Project (Calliou Group, 2010); and
• Tanner Southern Study maps (James Tanner of Fish Creek Consulting).
3.1.2. Traditional Land Use Assessment
The TLU assessment contained in the EIA (Volume 5, Section 8.3) assessed the potential
impacts of the Projects’ activities on specific linkages, based on the information outlined in
Section 8.3.2.3 in the EIA. These linkages included effects on:
• fishing
• hunting
• trapping
• traditional plant gathering
• trapper access
• cabins
• burial sites, and
• spiritual sites
Additional linkages to the effects listed above include:
• noise
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• air quality and
• changes in access by traditional users
In general, the traditional land use reports listed above:
• reaffirmed that hunting, fishing and trapping are an important part of life for
traditional users, and that the Athabasca River is important for access and
transport;
• discussed the belief held by some traditional users that oil sands developments
have negatively affected water quantity and quality in regional rivers;
• provided more detail on where traditional land uses take place;
• discussed the belief by some traditional users that oil sands developments have
contaminated wildlife (e.g., moose) and traditional plants; and
• provided summaries of traditional land use concerns.
While the additional traditional land use documents contain valuable information, they
provide no new information on linkages or information that contradicts the TLU
assessment in the EIA. The concerns raised in these recent TLU documents were also
assessed in the EIA.
The impact on traditional land users was evaluated through an understanding of how they
have used and continue to use the land in the area. A review of the above documents
indicates that the TLU information presented in these reports is consistent with the
information used in the EIA. Shell has therefore concluded that the linkages considered in
the EIA and the conclusions of the TLU assessment remain unchanged.
3.1.3. Significance Determination
Approach
For determination of the significance of the Project effects on traditional land use,
consideration was given to what constitutes a significant effect on a traditional resource
user. As EIA practitioners, it is appropriate to discuss significance from a scientific
perspective and in an ecological context. It is inappropriate for EIA practitioners to discuss
significance in terms of non-scientific value judgments. These judgments are
appropriately left to the agencies responsible for making public interest decisions on
development applications.
From a scientific perspective and ecological context, a project could potentially affect the
resources used in traditional land use (e.g. wildlife, fish and traditional plants). However, if
a project does not have a likely significant adverse effect on the resource in the region and
resources users can still access the resource in the region, a project will not result in
significant effects to the traditional land users’ ability to practice traditional pursuits in the
region.
Therefore, this assessment of significance first considers the Projects’ effects on
traditionally used resources, as presented in the EIA, from a scientific perspective and
ecological context only. Consideration is not given to the potential loss of specific
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traditional resources in specific locations historically visited by users (e.g. a noted berry
picking area), as these effects are subjective and thus judgments are appropriately left to
the agencies responsible for making public interest decisions on development
applications.
Table 1 presents the traditional land uses assessed in the EIA and the resources
assessed in the EIA associated with each land use.
Table 1: Traditional Land Uses and Associated Resources
Traditional Land Use Resources Assessed in EIA
Fishing Fish Abundance and Fish Habitat in Local Waterbodies, Local Small Streams, the Muskeg River and the Athabasca River (EIA, Volume 4A, Section 6.7)
Hunting and Trapping Wildlife Key Indicator Resources (EIA Volume 5, Section 7.5.3):
• Moose
• Black bear
• Beaver
• Lynx
• Fisher/Marten
• Yellow rail
• Black-throated green warbler
Traditional Plant Gathering Traditional Plant Potential (EIA Volume 5, Section 7.5.2)
For the EIA’s fish and fish habitat assessment, the range of species selected as Key
Indicator Resources (KIRs) included most of the species of value and importance to local
Aboriginal communities (EIA Volume 4A, Section 6.7.4). Traditional ecological knowledge
was a primary determinant in the selection of KIRs for the wildlife and wildlife assessment,
as discussed in EIA Volume 5, Section 7.3.1. The traditional plant potential assessment
incorporated a documented list of traditional plants identified by Fort McKay elders as
being culturally significant (Golder 2003) into the traditional plant potential ratings (EIA
Volume 5, Section 7.3.1). Therefore, the linkage between the traditional land use
identified and its associated resources is considered valid and the Project effects on these
resources are linked to the ability to exercise these traditional land uses.
This assessment then also considers whether the Projects would preclude access of
traditional land users to resources beyond the Project boundaries. Consideration was not
given to the effects of changes in access routes from those historically used to those now
available. Again these effects are subjective and, from an EIA perspective, judgments are
appropriately left to the agencies responsible for making public interest decisions on
development applications.
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It should be noted that this significance determinations approach differs from the TLU
assessment in the EIA in that this determination’s spatial boundaries are based on the
local and regional study areas of each resource while the EIA Traditional Land Use
assessment focused on spatial boundaries for First Nations groups and trappers.
Findings
Following is a discussion of the Projects’ effects on the resources associated with
traditional land use. Given that the TLU information presented in the additional traditional
knowledge studies is consistent with the information used in the EIA, EIA findings are
summarized.
Fishing
The Fish and Fish Habitat assessment (EIA Volume 4A, Section 6.7) considered
the following waterbodies/watercourses:
• Muskeg River, Kearl Lake, Wapasu Creek, unnamed creeks and
waterbodies in the Jackpine Mine Expansion development area (EIA,
Volume 4A, Table 6.7-17);
• Pierre River, Eymundson Creek, Asphalt Creek, First Creek, Big Creek,
Redclay Creek, unnamed creeks and water bodies in the Pierre River Mine
development area (EIA Volume 4A, Table 6.7-20); and
• Athabasca River (EIA, Volume 4A, Table 6.7-22).
This assessment concluded that there is no overall environmental consequence
of the residual impacts to fish habitat and fish abundance due to the Projects
given the proposed mitigation and compensation. Since effects on Fish and Fish
Habitat are not considered a likely significant adverse effect, Shell has concluded
that the Projects’ effects on fishing as a traditional land use are not considered a
likely significant adverse effect.
Hunting and Trapping
The Wildlife and Wildlife Habitat assessment considered the Projects’ effects on
wildlife species that are key resources for hunting and trapping in the region. The
assessment concluded that the predicted environmental consequence for wildlife
abundance varies from negligible to low and is considered negligible for all
linkages at the regional scale. For wildlife habitat, the Projects’ effects were
concluded to have negligible environmental consequences in the Regional Study
Area for the wildlife KIRs. These environmental consequences lead to a
conclusion of no likely significant adverse effects from the Projects on wildlife.
Since the Projects’ effects on Wildlife and Wildlife Habitat are not considered a
likely significant adverse effect, the Projects’ effects on hunting and trapping as a
traditional land use are also not considered a likely significant adverse effect.
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For persons with registered fur management areas (RFMAs), the Projects will
disturb from 1 to 14% of the area of six RFMAs prior to site reclamation (Volume
5, Section 8.3.5.3; see Table 8.3-7 (Revised) in Section 7.2 of the Pierre River
Mine Project Supplemental Information, Volume 1 [2009]). Two cabins will also
require relocation. Shell will provide compensation to RFMA holders directly
affected by the Project (EIA, Volume 1, Section 17.10) in accordance with
industry standards.
Traditional Plant Gathering
The Traditional Plant Potential assessment (EIA Volume 5, Section 7.5.2, page 7-
90) considered the Projects’ effects on high, moderate and low traditional plant
potential areas in the Terrestrial regional and local study areas. The assessment
concluded the Projects will have negligible effects on traditional plant potential at
the regional and local levels and that the Projects do not have a likely significant
adverse effect on traditional plant potential. Shell has therefore concluded that
the Projects’ effects on traditional plant gathering are also not considered a likely
significant adverse effect.
Access
This review concluded that the Jackpine Mine Expansion and Pierre River Mine
Projects will not prevent traditional land users from accessing any areas in the
region, except within the Project development area itself prior to site reclamation.
Shell currently has an Access Management Plan in place that provides either
alternative or controlled access across existing operating mine sites for traditional
users and trappers.
Conclusions
The contents of the reviewed reports listed above have not changed Shell’s EIA findings
and the impact predictions have been shown to link to the involved First Nations’ claimed
exercise of rights over the considered resources.
The significance assessment of the Project’s effects on traditional land uses was prepared
from a scientific perspective and ecological context only and does not include any non-
scientific value judgments. The assessment concluded that the predicted residual effects
for the Shell Jackpine Mine Expansion & Pierre River Mine Projects are likely to not result
in a significant adverse effect on traditional land uses in the region.
3.1.4. References
Calliou Group. 2010. Traditional Land Use Study Mikisew Cree First Nation. Total Joslyn Mine Project. Calgary, Alberta. July 2010. 215 pp.
Candler, C., Firelight Group Research Cooperative, ACFN. 2011. Athabasca Chipewyan First
Nation Integrated Knowledge and Land Use Report and Assessment for Shell Canada’s
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Proposed Jackpine Mine Expansion and Pierre River Mine. Athabasca Chipewyan First Nation Industry Relations Corporation. April 2011. 163 pp.
Candler, C., R. Olson, S. DeRoy, Firelight Group Research Cooperative, ACFN and MCFN. 2010. As Long as the Rivers Flow: Athabasca River Knowledge, Use and Change. Parkland Institute, University of Alberta. November 2010. 84 pp.
Elias, P.D. 2010. Description, Analysis and Synthesis of Six Traditional Land Use Studies. Prepared for MCFN. Black Diamond, Alberta. August 2010. 47 pp.
Elias P.D. 2011. Mikisew Cree Use of Lands and Resources in the Vicinity of the Proposed Shell – Jack Pine and Shell – Pierre River Operations. Prepared for MCFN. Black Diamond, Alberta. January 2011. 47 pp. Fort McKay IRC (Fort McKay Industry Relations Corporation). 2010. Fort McKay Specific Assessment (Supplemental Information for the Shell Canada Limited Jackpine Expansion and Pierre River Mine Project). March 2010. p. 1,493.
Golder. 2003. Traditional Plants Found on the Shell Jackpine Mine Lease and Identified by the Elders of Fort McKay as Being Culturally Significant. Prepared for BG TEK Services. 48 pp.
Golder. 2007. Traditional Land Use Environmental Setting for the Jackpine Mine Expansion &
Pierre River Mine Project. Prepared for Shell Canada Limited. Calgary, AB. Husky Oil Operations Limited. 2005. Mikisew Cree First Nation Traditional Land Use Impact
Assessment – Husky Sunrise Thermal Project. Calgary, Alberta. 30 p. PACTeam Canada Inc. 2007. Mikisew Cree First Nation Report on the South Territory Use and
Occupancy Mapping Project. Edmonton, Alberta. 67 pp. Shell. 2009. Application for Approval of the Pierre River Mine Project: Supplemental
Information; Volume 1: Project Update and ERCB SIRs. Prepared for Shell Canada Limited. Calgary, AB. Submitted May 2009.
Tobias T., Tobias D., & Hofmann V. 2010. Mikisew Cree First Nation 2009-2010 UOM Survey
Index. Tobias & Associates. Vancouver, British Columbia. 160 pp. Tobias T., Tobias D., & Hofmann V. 2010. Data-Collection Methodology Report, Mikisew Cree
First Nation 2009-2010 Use-And-Occupancy Map Survey. Prepared for Government and Industry Relations, MCFN, Fort McMurray, Alberta. Tobias & Associates. Vancouver, British Columbia. 25 pp.
Tanner. 2006. Ayapaskowinowak: Ta Kiskissotamak Kayas Pimatisowin Oti Nikan Kichi
(Acknowledging the Past, Securing the Future – Traditional Land Use of the Mikisew Cree First Nation). Prepared for Mikisew Cree First Nation. 200 pp.
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Mary Coffey
From: Nicole NichollsSent: June-01-11 8:47 PMTo: Jenny BiemSubject: FW: ACFN TLUAttachments: PRM_Redclay_datadiscrepancy.pdf
fyi
From: Nicole Nicholls
Sent: June-01-11 9:47 PM To:
Subject: RE: ACFN TLU
Hi Jason,
Thanks for the call yesterday and for reporting back on your investigations.
Now that I have a better understanding of what has happened, it is clear that the issue regarding the confusion over the
Redclay Compensation Lake goes beyond the labelling of shapefiles. What I mean is that we asked Shell for the most
current project footprint data for JPME and PRM and Redclay Lake (first in August 2010, then requested the latest plans
again in January 2011 due to discrepancies in the data received). Yet, in none of the information that Shell provided in
response to our requests for data and shapefiles for the projects (JPME/PRM, or the Redclay Lake) were we provided
with the portion of Redclay Lake specific to JPME/PRM, nor was it made clear to us that there are is an MRME part of
Redclay and one part for JPME/PRM.
On August 3, 2010 we made our first request for data for the JPME and PRM proposed footprints (including roads,
bridge, transmission lines, water holding structures, and any other project components) and the footprint for Redclay
compensation lake. Shell sent shapefiles August 6. Then, on January 15, 2011, we requested that Shell provide “the
latest plans (including shapefiles and PDF maps) for Red Clay compensation lake” as well as the plans for the bridge and
the muskeg river diversion so that we could finalize our supplemental TUS with confidence. Shell did provide plans for
MRME portion of the Red Clay Compensation Lake, but the labeling did not indicate that there were different portions
of the lake, nor that the maps provided only represented a portion of the lake. Firelight has advised that the plan sent
in January closely matches the plan that was sent in August as .shp files labeled “PRM-COMP LAKE_polygon”. Also, the
shapefiles provided for the PRM project in August showed a compensation lake labeled PRM, as well as the Raw Water
Storage facility. The problem is that no southern lake or southern portion of the lake is provided. Data provided by Shell
in January 2010 and labeled “Redclay” shows the same lake, though slightly larger. The attached map displays all of the
data received for regarding the Redclay compensation lake. Based on comparison to Figures 10-5 and 10-6 in Volume 2
of the application, the portion of Redclay Lake that is displayed on those figures is not included in the data sets provided
by Shell to Firelight.
Now that we see the basis for the confusion, I agree that we must discuss a plan for addressing any discrepancies in the
traditional use reports. In your previous email you suggested two options:
(1) Will ACFN be preparing an addendum to the TLU provided to include the missing JPME/PRM compensation lake
TLU information?
(2) Will ACFN send out a correction in respect of the incorrect references in the two reports?
- Redclay TLU - Section 1: Outline of the Report, page 9, paragraph 2
- JPME/PRM TLU - Section 2: The Projects and Existing Studies, page 15, paragraph 3
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While a simple errata sheet for the Redclay Report can be produced to address incorrect reference in paragraph 2 of
page 9, it will be necessary to prepare an addendum to the JPME/PRM report in order to ensure that the full project
effects are assessed. This will require resources that we simply do not have. Shell’s financial support is crucial to
completing this. I have asked Craig to prepare a scope of work for addressing the newly identified project information,
which I will forward to you as soon as possible.
In regards to use of Figures 10-5 and 10-6 as the basis for our assessment, can you please send the shapefiles for the
South Waterbody (I’m assuming that’s the raw water storage facility) and the North Waterbody (I’m assuming that is
the actual compensation lake for PRM/JPME). If you are not able to provide shapefiles, we will have to take this into
account in the budget.
Thanks again,
Nicole.
Nicole Nicholls
Project Manager
Athabasca Chipewyan First Nation
Industry Relations Corporation
110B 9816 Hardin Street
Fort McMurray, AB T9H 4K3
Office: 780-791-3311
From:
Sent: May-31-11 11:56 AM To:
Cc:
Subject: RE: ACFN TLU
Hi Nicole,
As a follow up to our teleconference this morning to clarify Shell’s comments surrounding the ACFN TLU received, I have
investigated the points discussed:
1) Determine if the Shape files Shell provided for Redclay were mislabeled “PRM Shape Files”. This may have
resulted in miscommunication, suggesting that Redclay shape files included JPME/PRM.
• Per the attached email, the compensation lake file names were labeled
i. 110118COMP_LAKE_PLAN50000.pdf
ii. 110118RedclayCompensationLake.dwg
• There were additional files provided for the PRM Bridge location
2) Determine if the JPME/PRM application provides adequate reference and information regarding the south
portion of the compensation lake. The information in the application may not be sufficient to assess the
JPME/PRM compensation lake.
• Volume 2, Section 10 of the application details the Project Description for Pierre River Mine. The
following figures provide spatial information specific to both the North and South portions of Redclay
lake:
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i. Fig 10-5 & 10-6
After reviewing Section 10 of Volume 2 and the associated figures, please let me know if the spatial information
included is adequate for the Firelight Group to complete their TLU assessment.
We can then further discuss an agreed to go forward plan to resolve this issue.
Kind Regards,
Jason Plamondon
Advisor, Aboriginal and Community Relations
Shell Canada Energy
400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Nicole Nicholls [mailto:
Sent: Friday, May 27, 2011 5:18 PM
To: Plamondon, Jason SCAN-UAH/S/Q Cc: [email protected]; Jefferson, Linda SCAN-UAH/S; Taylor, Heather SCAN-UAH/S/Q; Craig Candler
Subject: RE: ACFN TLU
Hi Jason,
We are a bit confused by the comments on our TK/TLU reports. Is it possible to have a quick call on Monday or Tuesday
to clarify them?
Thanks,
Nicole.
From:
Sent: May-27-11 2:21 PM To:
Subject: ACFN TLU
Hi Nicole,
I wanted to clarify a couple things in regard to the 2 TLU reports Shell has received from ACFN on April 20 and May 9.
1) Received April 20, 2011 - The ACFN Integrated Knowledge and Land Use Report and Assessment for Shell
Canada’s Proposed Jackpine Mine Expansion and Pierre River Mine
• This report is in response to Shell’s request and Final Scope of TK Collection and Use dated September 2,
2010 in which Shell requested TLU for JPME/PRM projects
• TLU received does not seem to include the proposed compensation lake and temporary water storage
described in the application as part of the project.
• Reference was made to the compensation TLU being included in a subsequent Redclay Lake TLU report
(See Section 2: The Projects and Existing Studies, page 15, paragraph 3)
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2) Received May 9, 2011 - The ACFN Knowledge and Land Use Report and Assessment for Shell Canada’s Proposed
Redclay Compensation Lake
• This report is in response to Shell’s request and Final Scope of TK Collection and Use dated September 2,
2010 in which Shell requested TLU for the MRME North Redclay Compensation lake
• TLU received references that it is inclusive of HADD compensation for JPME/PRM
• Actual TLU assesses only the MRME North Redclay footprint per the original request. However, this is
contrary to the reference in Section 1: Outline of the Report, page 9, paragraph 2 and the reference in
the JPME/PRM TLU report discussed above (i.e. Section 2: The Projects and Existing Studies, page 15,
paragraph 3)
Can you please advise:
Will ACFN be preparing an addendum to the TLU provided to include the missing JPME/PRM compensation lake TLU
information?
Will ACFN send out a correction in respect of the incorrect references in the two reports?
- Redclay TLU - Section 1: Outline of the Report, page 9, paragraph 2
- JPME/PRM TLU - Section 2: The Projects and Existing Studies, page 15, paragraph 3
Thanks, Jason L. Plamondon Advisor, Aboriginal and Community Relations Shell Canada Limited 400 – 4th Avenue SW., P.O. Box 100 Station M, Calgary, Alberta T2P 3H7
Internet: http://www.shell.ca
Honouring Our Heritage. Celebrating Our Future.
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Redclay Compensation Lakedata provided by Shell to ACFNPRM-COMP LAKE (August 2010)Redclay_CompensationLake_new (January 2011)Other PRM linework (August 2010)
0 2 4 6 81 Kilometers
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From: Nicole NichollsTo:
Subject: RE: Shell-ACFN Consultation Report Apr - May 2011 to AENV for JPME & PRM ApplicationDate: July-18-11 1:01:04 PM
Hi Jason, Thanks for sending the Apr-May 2011 consultation report. I am concerned that the report containsa number of items that are not related to the JPME and PRM projects and does not give anaccurate impression of what has occurred (and why) and whether or not issues are progressing orresolved. ACFN has raised concerns about the consultation records before. The systemic issue isthat they are misleading and that they don’t really provide Alberta Environment with an accurateindicator to assess consultation on the JPME and PRM projects. I will be preparing a more detailedresponse once I’ve had time to look over the other consultation records that precede the Apr-May2011 report, but just wanted to provide a heads-up about this issue. Thanks, Nicole NichollsProject ManagerAthabasca Chipewyan First NationIndustry Relations Corporation110B 9816 Hardin StreetFort McMurray, AB T9H 4K3Office: 780-791-3311
From: Sent: July-07-11 3:31 PMTo:
Subject: Shell-ACFN Consultation Report Apr - May 2011 to AENV for JPME & PRM Application Hi Nicole,
Please find attached the Apr - May 2011 bi-monthly consultation report submitted to AENV with respectto our JPME & PRM Application.
Also attached is a 1 page consultation overview for the same period..
Let me know if you have any questions.
mailto:[email protected] Text
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Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
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From: Jenny BiemTo: Jamie ZylaSubject: FW: Draft TK/TLU submission to Joint review PanelDate: December-01-11 4:08:33 PMAttachments: image001.png
image002.png
mailto:/O=FIRST ORGANIZATION/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=JENNYmailto:[email protected]
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From: Sent: August 2, 2011 1:39 PMTo:
Subject: RE: Draft TK/TLU submission to Joint review Panel
Hi Nicole,
Sorry for the delay in responding. I was on vacation July 22 – 29. Below, as requested is the natureand purpose of the cultural work with Nichols. Let me know if you’d like to meet to discuss further.
____________________________________________________________
RE: Significance Assessment for Traditional Cultural Effects
Background
· In ACFN’s letter of June 1, 2011 ACFN indicated that Shell has taken an oversimplifiedapproach to it’s TK/TLU Summary, suggesting that the Draft TK/TLU summary refersonly to an assessment of significance of the Projects effects on traditional land use anddoes not discuss the effects of the Project on culture.
· In Shell’s June 22, 2011 response letter and in discussion at the June 23rd , 2011meeting between Shell and ACFN , Shell advised that while Shell’s TLU assessmentconcluded, based on the potential biophysical impacts and the continued regionalavailability of traditional land use areas and activities, that traditional land users willhave the ability to continue their pursuit of primary traditional activities of fishing,hunting, trapping and traditional plant gathering within previously established traditionalland use areas, in respect of the additional cultural information received, and inconsideration of comments regarding that information, Shell has undertaken to explorefurther how additional cultural information informs the discussion of potential cultureimpacts resulting from development in the region.
· Shell agreed that this information will be reviewed with ACFN and shared with the JRPat a later date.
· ACFN asked Shell to share information regarding the nature of this additional reviewwork and Shell agreed to discuss it at a follow up meeting with Shell’s consultant whois conducting the additional review.
· Shell attempted to coordinate such a meeting and ACFN requested that Shell provideadditional information in respect of the review prior to meeting in order to determinethe necessity for the meeting.
Scope of Work
· We envision two phases to the work.
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Determining Methodology
· Review Traditional Use Studies carried out in relation to the JPME/PRM projects.
· Identify traditional cultural activities/elements.
· Determine pathways by which the Project might disrupt traditional cultural activities,drawing upon the significance determination for traditional land use already developedby Golder. We will also identify socio-economic variables that may act as effectpathways on traditional culture, such as population growth and participation in the wageeconomy.
Assessing Significance
· Using identified effect pathways, assess Project effects on traditional culture activitiesrelying largely upon information gathered from and brought forward by First Nationsmembers in the region, as reflected in available traditional use studies and the filed EIA.
· Work with Shell representatives to identify existing and proposed Shell mitigations andwork those mitigations into the assessment.
· Our approach in determining significance will be carried out from a social sciencesperspective, incorporating the scientific perspective from an ecological context used byGolder in their TLU significance assessment. We will also take consideration of criteriaset out by the Canadian Environmental Assessment Agency (CEAA) for determiningeffects significance (e.g. direction, magnitude, duration, etc.).
· To provide context, we will further discuss the role ‘perspective’ plays inunderstanding the significance of cultural effects (e.g. scientific perspective, First Nationsperspective, Public Interest perspective, etc.). Recognizing that while ‘perspectives’are different, there are common elements that can overlap.
Deliverables
· A document which can shared with First Nations and filed with the Joint Review Panel orused by panel members as background information.
Timeline
· Nichols Applied Management will conduct this work through the months of June andJuly.
Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
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From: Nicole NichollsSent: Thursday, July 21, 2011 12:00 PMTo: Plamondon, Jason SCAN-UAH/S/QCc: ; Jefferson, Linda SCAN-UAH/SSubject: RE: Draft TK/TLU submission to Joint review Panel Hi Jason, Thanks for the additional information. Regarding discussion of Shell’s plan for the cultural assessment,our understanding is that Shell would first advise us as to the nature and purpose of the Nichols study.We would like to know the terms of reference and how Shell intends to incorporate the study. That willhelp us determine whether a meeting is, in fact, required. Nicole. From: Sent: July-20-11 8:49 AMTo:
Subject: RE: Draft TK/TLU submission to Joint review Panel Hi Nicole, The delay is a result of vacations. Those folks who wrote the draft summary and who are required torevise the summary were not able to make the changes prior to leaving on vacation. In our meeting, ACFN suggested they would like to discuss Shell’s plans for the Cultural assessment withNichols. It was my understanding that ACFN’s legal counsel (who would be required to take part in sucha meeting) was going to be away on vacation for the first 2 weeks of July. If it works for ACFN, perhapswe can coordinate that meeting for later in July? J Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Nicole Nicholls [ Sent: Wednesday, July 20, 2011 8:33 AMTo: Plamondon, Jason SCAN-UAH/S/QCc: . Jefferson, Linda SCAN-UAH/SSubject: RE: Draft TK/TLU submission to Joint review Panel Hi Jason, Thank you for the update. We will look forward to receiving the revised TK/TLU summary. I am curiousas to what the delay is, as the last time we spoke Shell had indicated that they wanted to complete it as
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soon as possible. Are you now planning to integrate the results of whatever you had asked NichollsApplied Management to do (the evaluation of cultural significant, I believe?). Nicole. From:Sent: July-19-11 4:37 PMTo: Cc:
Subject: RE: Draft TK/TLU submission to Joint review Panel Hi Nicole, I wanted to provide an update to you in regard to Shell’s progress on a revised TK/TLU Summary asdiscussed in our meeting of June 23, 2011. Shell is continuing to work on a revised TK/TLU summary in consideration of the comments received. Asdiscussed, once the revised TK/TLU summary is prepared, it will be provided to you for review. Yourwritten comments on the revised summary will then form part of a subsequent submission to the JRP. In the meantime however, Shell will provide to the regulator a copy of the TK/TLU that you provided toShell for the projects, per our May 6, 2011 notification. The TK/TLU is being provided without commentat this time to ensure that the JRP has the information while we continue to discuss issues aroundinterpretation and incorporation into the regulatory process. Shell will continue to work with you in respect of Shell’s revised TK/TLU summary which includes Shell’sassessment of the information and will provide this to the JRP at a later date. Kind Regards, Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Nicole Nicholls Sent: Wednesday, June 22, 2011 11:40 AMTo: Plamondon, Jason SCAN-UAH/S/QCc: Jay Nelson; Subject: RE: Draft TK/TLU submission to Joint review Panel Alright – 1 to 3 p.m. mountain time. Talk to you then. From: Sent: June-21-11 3:53 PMTo:
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Subject: RE: Draft TK/TLU submission to Joint review Panel I can’t be sure. Perhaps 2 hours. Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Nicole Nicholls Sent: Tuesday, June 21, 2011 10:49 AMTo: Plamondon, Jason SCAN-UAH/S/QCc: Jay Nelson; Subject: RE: Draft TK/TLU submission to Joint review Panel Let’s start at 1 p.m. How long do you think we will require? From: Sent: June-20-11 11:46 AMTo:
Subject: RE: Draft TK/TLU submission to Joint review Panel You’re right. I’ve put a hold in my calendar for any time between 1 and 4 PM. Let me know what time you would prefer to call in between 1 and 4. Thanks, Jason Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Nicole Nicholls Sent: Monday, June 20, 2011 11:46 AMTo: Plamondon, Jason SCAN-UAH/S/QSubject: RE: Draft TK/TLU submission to Joint review Panel Thanks, I don’t think we ever set a time, although I do recall it was to be in the afternoon? From:
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Sent: June-20-11 10:27 AMTo:
Subject: RE: Draft TK/TLU submission to Joint review Panel Hi Nicole, The dial in number is below: 1 866 761 0750 The participant code is 14404920 # Jason Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Nicole Nicholls Sent: Monday, June 20, 2011 10:17 AMTo: Plamondon, Jason SCAN-UAH/S/QCc: Jefferson, Linda SCAN-UAH/SSubject: RE: Draft TK/TLU submission to Joint review Panel Thanks Jason, can you please provide the conference line details? From: Sent: June-16-11 8:35 AMTo:
Subject: RE: Draft TK/TLU submission to Joint review Panel Hi Nicole, Based on availability, it appears a teleconference will be required. Shell will agree to the costs of JayNelson’s participation in the teleconference as noted. (not to exceed $1500). Shell is working to provide its written response to your comments as soon as possible as requested.
Speak to you on the 23rd. Jason Jason PlamondonAdvisor, Aboriginal and Community Relations
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Shell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Nicole Nicholls Sent: Wednesday, June 15, 2011 10:02 AMTo: Plamondon, Jason SCAN-UAH/S/QCc: Jefferson, Linda SCAN-UAH/SSubject: RE: Draft TK/TLU submission to Joint review Panel Hi Jason, We estimate that legal fees to prepare for and attend the meeting (assuming a 2 hour meeting byphone) will be about $1500. If we are meeting face-to-face, we would like Jay Nelson to be there inperson, in which case there would be travel costs consisting of travel disbursements (flights – the costsof which I have not investigated) and travel time ($1000) between Victoria and Ft. McMurray. Thanks,Nicole. From: Sent: June-13-11 5:03 PMTo:
Subject: RE: Draft TK/TLU submission to Joint review Panel Hi Nicole, Could you please provide an estimate in respect of Jay Nelson’s participation in this meeting. Thank you,Jason Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Nicole Nicholls Sent: Thursday, June 09, 2011 7:21 PMTo: Plamondon, Jason SCAN-UAH/S/QCc: Jefferson, Linda SCAN-UAH/SSubject: RE: Draft TK/TLU submission to Joint review Panel Hi Jason,
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The afternoon of June 23rd works for us, but in order to accommodate Lisa’s schedule we won’t be ableto travel to Calgary. We are open to a teleconference if necessary. Besides Lisa and myself, we wouldlike to have Jay Nelson, our legal counsel on this file, participate in the meeting. We ask that Shellprovide the necessary capacity support to facilitate Jay’s involvement. This would be for Jay’s time, andif the meeting were in-person, for travelling expenses. Thanks, Nicole. From: Sent: June-09-11 10:13 AMTo: Cc: Subject: RE: Draft TK/TLU submission to Joint review Panel Hi Nicole, Have you been able to confirm the preferable meeting date/time/location/format for ACFN per myprevious response below? Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Plamondon, Jason SCAN-UAH/S/Q Sent: Tuesday, June 07, 2011 12:16 PMTo: Nicole NichollsCc: Plamondon, Jason SCAN-UAH/S/Q; Jefferson, Linda SCAN-UAH/SSubject: RE: Draft TK/TLU submission to Joint review Panel Hi Nicole, Shell would certainly prefer a face to face meeting if possible. If we can’t find a date that works to meetface to face, considering the importance of this meeting, we would consider a teleconference if youprefer.
With respect to the 23rd of June, Shell has availability during the afternoon, however there is a conflictin the morning. Would ACFN be able to meet in Calgary (Shell would of course reimburse associated costs of travel). If
so we could meet 1-4 on the afternoon of the 23rd. If not, perhaps you could suggest an alternative date where ACFN would be available that week.
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Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Nicole Nicholls Sent: Tuesday, June 07, 2011 9:35 AMTo: Plamondon, Jason SCAN-UAH/S/QSubject: RE: Draft TK/TLU submission to Joint review Panel
Will June 23rd work for Shell? Do you want to meet face-to-face or by phone? From: Sent: June-02-11 11:39 AMTo:
Subject: RE: Draft TK/TLU submission to Joint review Panel Hi Nicole,
Shell will respond in writing as requested and while there may be an element of disagreement, Shellwould like the opportunity to meet with ACFN to discuss each other’s point of view.
Recognizing ACFN’s concern surrounding the utilization of limited resources to discuss opposingpositions, it is Shell’s view that this engagement is of great value.
Based on my discussions with key personnel who will be involved in reviewing and responding toACFN’s comments, existing commitments of Shell staff result in an inability to respond in writing and
prepare for a meeting prior to June 9th as requested.
Shell would like to suggest a meeting during the week of June 20, 2011. This will give Shell theopportunity to respond in writing and for both parties to prepare for our meeting in light of ACFN’scomments and Shell’s response.
Be assured that Shell will not submit a redraft of the TK/TLU summary to the JRP until we’ve had theopportunity to dialogue further on this matter in consideration of ACFN’s comments.
Is ACFN able to suggest a date and time during the week of June 20th to meet? Thanks, Jason Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy
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400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Nicole Nicholls Sent: Wednesday, June 01, 2011 9:21 PMTo: Plamondon, Jason SCAN-UAH/S/QCc: ;Jefferson, Linda SCAN-UAH/SSubject: RE: Draft TK/TLU submission to Joint review Panel Thanks Jason From: Sent: June-01-11 3:59 PMTo:
Subject: RE: Draft TK/TLU submission to Joint review Panel Hi Nicole, Shell has received ACFN’s comments with respect to the Draft TK/TLU Submission.
I am just checking internally to determine if the proposed date of June 9th will work. I’ll respond as soon as I can confirm. Jason Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Nicole Nicholls [Sent: Tuesday, May 31, 2011 7:06 PMTo: Plamondon, Jason SCAN-UAH/S/QCc: 'Jay Nelson'; Craig Candler; ; Jefferson, Linda SCAN-UAH/SSubject: RE: Draft TK/TLU submission to Joint review Panel Hi Jason, As you say, things definitely are busy! We will be getting our comments to you tomorrow and will beasking that Shell addresses in writing (as per section 5.3 of the TK sharing agreement) the concerns thatwe are raising. We are more than willing to discuss these concerns with you, but I do hope that youunderstand that we simply do not have the resources to support a discussion simply on opposingpositions. As our time and resources are better spent on resolving concerns, you may wish to firstreview our submission and respond in writing before we take a decision on whether or not to discuss.
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Of course, that said, we will still engage in discussion with Shell if requested. Either way, I agree thatwe should set the time aside whether we choose to use it or not. I will want our legal counsel JayNelson and our technical consultant Craig Candler to be on the call with Lisa and I. The morning of June
9th is workable for us from 8 a.m. – 9:45 a.m. Alberta time. Thanks, Nicole. From:Sent: To:
Subject: Re: Draft TK/TLU submission to Joint review Panel Hi Nicole,
Considering how busy eveyone is, perhaps scheduling something now would be a good idea.
Is there a time and date that works for you?
From: Nicole Nicholls To: Plamondon, Jason SCAN-UAH/S/Q Cc: Jefferson, Linda SCAN-UAH/S; Sent: Mon May 30 14:07:24 2011Subject: RE: Draft TK/TLU submission to Joint review Panel
Hi Jason, Thanks for reconsidering the timeframe for your submission. Would you prefer to hold off on schedulingany discussion until after you have a chance to review our comments?Nicole. From: Sent: May-30-11 11:42 AMTo:
Subject: Re: Draft TK/TLU submission to Joint review Panel Hi Nicole,
While we were targeting May 30th to submit, based on your comments with respect to a reasonabletimeframe to review the summary we have delayed the submission to after June 10.
This timing should provide adequate time to receive your comments on June 1st and discuss thosecomments prior to submission.
Jason
From: Nicole Nicholls To: Plamondon, Jason SCAN-UAH/S/Q Cc: Jefferson, Linda SCAN-UAH/S; Sent: Fri May 27 16:29:00 2011
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Subject: RE: Draft TK/TLU submission to Joint review Panel
Hi Jason, I’ve been in a meeting all afternoon. I just got your voice mail message and saw your 3:50 p.m.email and realized that my reply to your email from yesterday had been sitting in my outbox all day(along with a number of other emails) due to technical issues with my server. I trust that you’vereceived it now. Your voice message indicated that Shell is going to print today, which is ratherdisappointing as that indicates to me that Shell has no intention of even considering our input or ourviews on a reasonable time to review the TK/TLU summary, which goes against our TK sharingagreement and is not reflective of working together in good faith. From: Sent: May-27-11 3:50 PMTo:
Subject: RE: Draft TK/TLU submission to Joint review PanelImportance: High Hi Nicole, Per my voice mail and the note below, Shell is still targeting a May 30, 2011 submission. Your prompt reply regarding a reasonable review period, in consideration of the content of thesummary is appreciated. Thanks, Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Plamondon, Jason SCAN-UAH/S/Q Sent: Thursday, May 26, 2011 4:40 PMTo: Nicole NichollsCc: Jefferson, Linda SCAN-UAH/S; Plamondon, Jason SCAN-UAH/S/QSubject: RE: Draft TK/TLU submission to Joint review Panel Hi Nicole, In respect of our TK Sharing agreement, specifically clause 5.2, to which you refer, Shell and ACFN are toagree on a reasonable timeframe to review the summary that is no longer than 30 days. Shell believes that 10 days (May 19 – May 30) is a reasonable amount of time to review the draftTK/TLU summary provided, considering the limited scope of the draft summary.
i.e. - the summary concludes that the TK provided is similar to what had already beenconsidered and it did not change Shell’s impact predictions.
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It should also be noted that if ACFN has comments with respect to Shell’s conclusions regarding impactpredictions, of course those would be considered as part of your submissions and evidence for the JRPand the hearing. It appears that we are still on track for a May 30, 2011 submission so please get back to me as soon aspossible. Thanks,Jason
Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Nicole Nicholls Sent: Wednesday, May 25, 2011 2:57 PMTo: Plamondon, Jason SCAN-UAH/S/Q; Cc: Jefferson, Linda SCAN-UAH/SSubject: RE: Draft TK/TLU submission to Joint review Panel Hi Jason, Thanks for your reply. While we are making efforts to provide our comments to you as soon as we can,I’d like to remind you that pursuant to section 5.2 of the TK Agreement Shell cannot submit thesummary until ACFN has had 30 days to review and verify its acceptance and appropriateness, includingthe interpretation and analysis of the TK. Nicole. From: Sent: May-24-11 9:42 AMTo:
Subject: RE: Draft TK/TLU submission to Joint review Panel Hi Nicole.
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I’ve been advised that we are targeting Monday May 30 to provide our larger JRP submission,including the TK/TLU section to regulators. Jason Jason PlamondonAdvisor, Aboriginal and Community RelationsShell Canada Energy 400 4th Ave SW, Calgary, Alberta, T2P 2H5
From: Nicole Nicholls Sent: Friday, May 20, 2011 1:09 PMTo: Plamondon, Jason SCAN-UAH/S/Q; Cc: Jefferson, Linda SCAN-UAH/SSubject: RE: Draft TK/TLU submission to Joint review Panel Hello Jason, Thanks for providing your draft submission to the JRP. Can you tell me when exactly you plan to submitit to the regulators as we would like to provide you our comments before then. Nicole. From: Sent: May-19-11 3:10 PMTo:
Subject: Draft TK/TLU submission to Joint review Panel Hi Lisa, Per my May 6, 2011 note to Nicole Nicholls and CC’d to you, please find attached a cover letter andsubsequent enclosure regarding Shell’s draft TK/TLU submission to the JRP. If you have any questions, please let me know. Kind Regards, Jason L. PlamondonAdvisor, Aboriginal and Community Relations Shell Canada Limited400 – 4th Avenue SW., P.O. Box 100 Station M, Calgary, Alberta T2P 3H7
Internet: http://www.shell.ca
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Jamie Zyla
From: Jay NelsonSent: August-24-11 1:36 PMTo: Jamie ZylaSubject: FW: Shell JPME and PRM Bimonthly Consultation ReportsAttachments: 11-08-24 Ltr to Shell and AENV RE Consultation Records.pdf
From: Nicole Nicholls Sent: August 24, 2011 1:34 PM To: Jay Nelson Subject: FW: Shell JPME and PRM Bimonthly Consultation Reports From: Nicole Nicholls Sent: August-18-11 6:01 PM To: '[email protected]'; Cc: Alvaro Loyola; Risbud,Sheila [CEAA]; Huynh,Mai-Linh [CEAA] ([email protected]); '[email protected]' Subject: Shell JPME and PRM Bimonthly Consultation Reports Good afternoon, Please see the attached letter expressing ACFN’s concerns regarding the bimonthly consultation reports submitted to AENV for the JPME and PRM projects. If you have any problems opening this document, please let me know. Regards, Nicole Nicholls Project Manager Athabasca Chipewyan First Nation Industry Relations Corporation 110B 9816 Hardin Street Fort McMurray, AB T9H 4K3 Office: 780‐791‐3311
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Appendix A
Appendix A – Shell Bi-monthly Consultation Reports: Apr1 – May31 2011, Feb1 – March31 2011 and Dec1 2010 to Jan31 2011
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Shell Canada Consultation Report to Alberta Environment
Project Name: Jackpine Mine Expansion & Pierre River Mine
Bi-monthly Consultation Report for the Period: Feb 1, 2010 to Mar 31, 2011
In an ongoing attempt to address concerns and to optimize bi-monthly reporting, we welcome your feedback.
Communication/Activity Log
Date of Engagement Proponent Primary
Lead/contact
Individuals/Groups
Contacted
(For Elders, note number
in attendance)
Method of Contact
and/or activity
(Direct mail; Phone
Call; Email; Meeting*,
Other)
Contact Summary Related Issue(s) Outcomes Follow-Up/Outstanding Issues (these
should link back to previous reports)
February, 2011
February 2 - 10, 2011ACR Consultation
Intern
ACFN IRC Project
Manager
Email
(Outgoing/Incoming)
JPME/PRM NNLP
Shell sent a reminder to ACFN to provide a scope of work
(SOW) and Budget for the Feb 17 NNLP meeting
Aboriginal Consultation
Fish and Fish Habitat
Compensation Lakes
ACFN provided a SOW and Budget for the
Feb 17 NNLP meeting and Shell agreedNone
February 8, 2011ACR Consultation
Coordinator
OSDG, FMFN, ACFN,
MCFN, CPDFN, FM468,
ATC, DCFN, ML214,
ML125, ML 1935, ML2020,
ML 193, ML780, NSFMB,
WBES,
Letter(Outgoing)
Information Provision - Regulatory Submissions CD
Shell distributed CD copies (dated Dec 2010) of
consolidated Regulatory submissions for JPME/PRM to
Aboriginal community representatives.
Aboriginal Consultation
Aboriginal community representatives
received the CD which was a consolidation
of all JPME/PRM regulatory submissions
from Dec 2007 to Aug 2010. The CD is
titled: “Application for the Approval of the
Jackpine Mine Expansion Project & Pierre
River Mine Project – Regulatory
Submissions from December 2007 to
August 2010”
None
February 10, 2011ACR Consultation
CoordinatorACFN IRC Project Manager Email (Incoming)
ACFN Technical Review
ACFN provided Shell with its comments on the Dec 10
meeting notes drafted by Shell.
EIA MethodsShell received ACFN's edits to the draft
notes.
Shell to finalize and provide completed
notes to ACFN for their records.
February 10, 2011ACR Consultation
Coordinator
ACFN IRC Director; Chief;
Project ManagerEmail (Incoming)
ACFN Technical Review
ACFN provided Shell with a letter with comments and
concerns surrounding the Technical Review and the
regulatory process.
EIA Methods
Regulatory ProcessShell received ACFN's letter.
Shell to respond to ACFN's Feb 10, 2011
concerns letter
February 15, 2011ACR Consultation
Intern
Fort McKay IRC Project
Manager & Fisheries
Consultant; ACFN IRC
Director & Project
Manager; MCFN GIR
Regulatory Affairs
Coordinator and
Environmental
Coordinator
Email (Outgoing)
JPME/PRM NNLP
Shell sent presentation materials in advance of the
meeting to facilitate meeting preparation.
Aboriginal Consultation
Fish and Fish Habitat
Compensation Lakes
FMFN, ACFN and MCFN received the
presentation materials.None
February 17, 2011ACR Consultation
Intern
Fort McKay IRC Project
Manager & Fisheries
Consultant; MCFN GIR
Environmental
Coordinator & Fisheries
Consultant; ACFN
Fisheries Consultants;
DFO; CEAA
Meeting (Fort
McMurray)
JPME/PRM NNLP
Shell met with First Nations and Government to share
information and answer questions regarding its
JPME/PRM No Net Loss Plan.
Aboriginal Consultation
Fish and Fish Habitat
Compensation Lakes
Objectives Met:
- Discussed Fish Salvage reports
- Provided update on Muskeg River
Diversion
- Provided update on MRME Comp Lake
- Discussed JPME/PRM compensation
habitat location
- Discussed NNLP Habitat Losses and
Gains
- Provided Surrogate Stream Analysis
- Provided preliminary results of habitat
modeling
- Discussed Muskeg River Dissolved
Oxygen Modeling
- Discussed Muskeg River
Geomorphology Analysis
Shell to provide:
- Verification of comparable No Net Loss
Plan to EIA #’s flow statistics for Muskeg
River;
- Fish Rescue Report with North Canterra
Road information to stakeholders;
- interim Water Mgt Framework for
Muskeg River status;
- How surrogate streams were chosen
March, 2011
-
Shell Canada Consultation Report to Alberta Environment
Project Name: Jackpine Mine Expansion & Pierre River Mine
Bi-monthly Consultation Report for the Period: Feb 1, 2010 to Mar 31, 2011
In an ongoing attempt to address concerns and to optimize bi-monthly reporting, we welcome your feedback.
Communication/Activity Log
Date of Engagement Proponent Primary
Lead/contact
Individuals/Groups
Contacted
(For Elders, note number
in attendance)
Method of Contact
and/or activity
(Direct mail; Phone
Call; Email; Meeting*,
Other)
Contact Summary Related Issue(s) Outcomes Follow-Up/Outstanding Issues (these
should link back to previous reports)
March 3, 2011ACR Consultation
Coordinator
ACFN IRC Director;
Project Manager; ChiefEmail (Outgoing)
ACFN Technical Review
Shell responded to the Feb 10 concerns letter. Shell
provided finalized notes from Dec 10, 2011 Tech Review
meeting to ACFN for their records.
EIA Methods
ACFN received Shell's response to the
Feb 10, 2011 concerns letter and the
finalized Dec 10 meeting notes in redline
version.
None
March 10, 2011ACR Consultation
Coordinator
MCFN, FMFN, ACFN,
Métis 1935, Métis 125,
CPDFN, FM#468 and the
Non-status Fort McMurray
Band
Email (Outgoing)
Information Provision - Bi-Monthly Consultation Report
Shell distributed the Dec 2010 - Jan 2011 Bi-monthly
Summaries to individual communities
Aboriginal Consultation
JPME/PRM bi-monthly consultation
summaries received by individual
communities for the period Dec 2010 - Jan
2011.
None
March 30, 2011 ACR ManagerACFN IRC Director;
Project Manager
Meeting (Fort
McMurray)
Regularly Scheduled ACFN IRC Meeting
ACFN and Shell discussed:
- the invitie from CEAA for public comment on the Joint
Review Agreement ToR.
- Shell's response to the ACFN Technical Review of the
JPME/PRM EIA.
- Muskeg River Diversion mitigation
Aboriginal Consultation
JRP agreement - Shell encouraged ACFN
to input into the process where
appropriate.
Tech Review - Shell advised response
would be sent out in April.
MRDA - Shell advised that work ongoing
to assess mitigation. ACFN advised that
they prefer the watershed left intact to
pursure traditional activities. Shell advised
it would provide funds to ACFN to review
Technical information surrounding the
mitigation.
None
Acronyms:
ACR Aboriginal & Community Relations
DCFN De Cho First Nation
ML Métis Local
FMFN SG Fort McKay First Nation Sustainability Group
NSFMB Non-Status Fort McMurray/Fort McKay Band
CRPCB Clearwater River Paul Cree Band #175
CPDFN Chipewyan Prairie Dene First Nation
Env Can Environment Canada
DFO Department of Fisheries and Oceans
CEAA Canadian Environmental Assessment Agency
AENV Alberta Environment
ASRD Alberta Sustainable Resource Development
FTP File Transfer Protocol
NNLP No Net Loss Plan
JPME/PRM Jackpine Mine Expansion & Pierre River Mine
TK/TLU Traditional Environmental Knowledge and Traditional Land Use
MCFN GIR Mikisew Cree First Nation Government and Industry Relations
ACFN IRC Athabasca Chipewyan First Nation Industry Relations Corporation
FM #468 Fort McMurray First Nation #468
-
Shell Canada Consultation Report to Alberta Environment
Project Name: Jackpine Mine Expansion & Pierre River Mine
Bi-monthly Consultation Report for the Period: Dec 1, 2010 to Jan 31, 2011
Note - ACR refers to Shell Aboriginal & Community Relations. In an ongoing attempt to address concerns and to optimize bi-monthly reporting, we welcome your feedback.
Communication/Activity LogDate of Engagement Proponent Primary
Lead/contact
Individuals/Groups Contacted
(For Elders, note number in
attendance)
Method of Contact and/or
activity
(Direct mail; Phone Call;
Email; Meeting*, Other)
Contact Summary Related Issue(s) Outcomes Follow-Up/Outstanding Issues (these
should link back to previous reports)
December, 2010
December 2, 2010ACR Consultation
CoordinatorACFN IRC Project Manager Email (Incoming)
Information Provision - Technical Review Meeting
Attendees list
ACFN provided an updated attendees list for the
upcoming Dec 10, 2010 Technical Review meeting
EIA Methods Shell received the updated attendees list None
December 3, 2010ACR Consultation
CoordinatorACFN IRC Project Manager Email (Incoming/Outgoing)
Technical Review Meeting - Pre-Read
ACFN requested that the pre-read for the Dec 10,
2010 Technical Review meeting be sent directly to the
lead ACFN consultant.
EIA MethodsShell sent the pre-read to the ACFN lead consultant
with a copy to ACFN IRC project managerNone
December 10, 2010
ACR Consultation
Coordinator; EIA
Coordinator
ACFN IRC Project Manager;
Lead Technical Review
consultant; Elders
Meeting (Teleconference)
ACFN Technical Review
Shell and ACFN met to review ACFN's JPME/PRM
EIA Technical Review submission of Oct 2010
EIA Methods
The discussion provided information and increased
clarity that would be used to inform Shell's response
to ACFN's Technical Review.
Shell to draft meeting notes and provide
to ACFN for review and verification.
December 10, 2010
ACR Consultation
Coordinator; EIA
Coordinator
ACFN IRC Project Manager Meeting (Teleconference)
Muskeg River Diversion Mitigation
Shell met with ACFN and shared mitigation plans for
the Muskeg River Diversion. Shell advised further
tech information would follow for review.
Environmental Management and Protection
Traditional Knowledge & Land Use
Aboriginal Consultation
ACFN requested a copy of the presentation
materials referred to in the teleconference. Shell
agreed and further agreed to provide technical
information regarding the proposed mitigation when
it became available for ACFN review.
Shell to mail presentation materials to
ACFN. Shell also to provide technical
information regarding mitigation when it
becomes available.
December 13, 2010
ACR Consultation
Coordinator; EIA
Coordinator
ACFN IRC Project Manager Email (Outgoing)
Muskeg River Diversion Mitigation
Shell emailed presentation materials referred to in Dec
10 meeting to ACFN as agreed. Shell reiterated that
additonal technical information surrounding the
mitigatiion would be provided when available.
Environmental Management and Protection
Traditional Knowledge & Land Use
Aboriginal Consultation
ACFN received the presentation materials
Shell to provide additional technical data
surrounding proposed mitigation when
availlable for ACFN review.
December 15, 2010ACR Consultation
CoordinatorACFN IRC Project Manager Email (Outgoing)
Proposed Elders Meeting
Shell responded to ACFN's proposed budget, agreeing
to pay for all costs excluding Elders honoraria and
offering to provide a gift in recognition of Elders
attendance.
Aboriginal ConsultationACFN received Shell's response to the proposed
budget.ACFN to provide revised budget
January, 2011
January 5 - 17 ,2011ACR Consultation
CoordinatorACFN IRC Project Manager Email (Outgoing/Incoming)
ACFN Technical Review
Shell provided ACFN with draft notes from the Dec 10
Technical Review meeting.
EIA Methods
ACFN received the draft notes, reviewed them and
provided them to their lead consultant for additional
review.
ACFN to provide comments on draft
notes. Shell to finalize and provide
completed notes to ACFN for their
records (see Feb-Mar 2011 Bi-Monthly
summary)
January 11 - 15, 2011ACR Consultation
Intern
ACFN IRC Director; IRC Project
ManagerEmail (Outgoing)
JPME/PRM NNLP
Shell forwarded an Invitation for a Feb. 17, 2011
meeting to discuss Shell's proposed JPME/PRM
Compensation Lake and No Net Loss Plan
Aboriginal Consultation; Fish and Fish Habitat;
Compensation Lakes
ACFN advised that its scope of work and budget
were forthcoming
ACFN to provide SOW and budget for
Feb 17 NNLP meeting
January 15 - 20, 2011ACR Consultation
Coordinator
ACFN IRC Project Manager; TLU
Lead ConsultantEmail (Incoming/Outgoing)
Information Request - Supplementary TK/TLU Study
ACFN provided an update regarding ongoing efforts to
complete supplementary TK/TLU. ACFN requested
confirmation of most recent plans and associated
shape files to assist with report preparation.
Traditional Environmental Knowledge and
Traditional Land Use
Shell confirmed that status of its most recent plans
and provided associated shape files/PDF's as
requested.
ACFN to provide completed Integrated
TLU/TK study for JPME/PRM and
TLU/TK Study for Redclay Compensation
lake.
January 17, 2011ACR Consultation
CoordinatorACFN IRC Project Manager Email (Incoming/Outgoing)
Proposed Elders Meeting
ACFN requested that Shell reconsider its decision in
respect of the proposed budget, suggesting that
Elders honoraria should be paid.
Aboriginal Consultation
Shell responded to ACFN and provided greater
clarity surrounding its decision not to pay Elders
honoraria. Shell agreed with ACFN's request to
schedule the Elders meeting following Shell's reciept
of the suplementary TLU/TK study and ACFN's
receipt of Shell's response to the ACFN JPME/PRM
EIA Technical Review.
ACFN to provide a revised budget for the
proposed Elders meeting.
January 21, 2011ACR Consultation
CoordinatorACFN IRC Email (Outgoing)
Information Provision - Bi-Monthly Consultation
ReportAboriginal Consultation
Shell sent its JPME/PRM bi-monthly consultation
summaries to individual communities for the period
Oct-Nov.
None
-
Shell Canada Consultation Report to Alberta Environment
Project Name: Jackpine Mine Expansion & Pierre River Mine
Bi-monthly Consultation Report for the Period: Dec 1, 2010 to Jan 31, 2011
Note - ACR refers to Shell Aboriginal & Community Relations. In an ongoing attempt to address concerns and to optimize bi-monthly reporting, we welcome your feedback.
Communication/Activity LogDate of Engagement Proponent Primary
Lead/contact
Individuals/Groups Contacted
(For Elders, note number in
attendance)
Method of Contact and/or
activity
(Direct mail; Phone Call;
Email; Meeting*, Other)
Contact Summary Related Issue(s) Outcomes Follow-Up/Outstanding Issues (these
should link back to previous reports)
January 24, 2011ACR Consultation
Intern
ACFN IRC Director; IRC Project
ManagerEmail (Outgoing)
JPME/PRM NNLP
Shell sent a reminder to ACFN to provide a SOW and
Budget for the Feb 17 NNLP meeting
Aboriginal Consultation; Fish and Fish Habitat;
Compensation Lakes
ACFN received the reminder to provide a SOW and
Budget for the feb 17 NNLP meeting
ACFN to provide a SOW and Budget for
the Feb 17 NNLP meeting (see Feb-Mar
2011 Bi-Monthly summary)
January 24 - 28, 2011
ACR Manager; ACR
Consultation
Coordinator
ACFN IRC Director Email (Incoming/Outgoing)
Proposed Elders Meeting
ACFN disagreed with Shell's decision not to pay
honoraria for the proposed Elders meeting and
requested a conference call and available dates to
discuss the issue.
Aboriginal Consultation
Shell provided additional clarity surrounding its
decision not to provide honoraria for the proposed
Elders meeting and agreed to a teleconference.
Shell suggested an available date as requested.
ACFN to respond with an agreeable date
for a teleconference
-
Shell Canada Consultation Report to Alberta Environment
Project Name: Jackpine Mine Expansion & Pierre River Mine
Bi-monthly Consultation Report for the Period: Apr 1, 2010 to May 31, 2011
In an ongoing attempt to address concerns and to optimize bi-monthly reporting, we welcome your feedback.
Communication/Activity Log
Date of Engagement Proponent Primary
Lead/contact
Individuals/Groups Contacted
(For Elders, note number in
attendance)
Method of Contact and/or
activity
(Direct mail; Phone Call;
Email; Meeting*, Other)
Contact Summary Related Issue(s) Outcomes Follow-Up/Outstanding Issues (these should link back
to previous reports)
April, 2011
April 5 - 21, 2011
ACR SP Manager;
Environmental
Specialist Regional
Consultation
ACFN IRC Director; Project
ManagerEmail (Outgoing)
Information Provision - Muskeg River Watershed
Integrated Water Quality Monitoring Program
Annual Report. Sept 2009
Shell provided the public report for the period 2008-2009
Water Quality
Environmental Monitoring
ACFN received the report and asked for funding
to review it.
Shell agreed to fund the review of the report
None
April 6, 2011ACR Consultation
Intern
Fort McKay IRC Project Manager
& Fisheries Consultant; ACFN
IRC Director & Project Manager;
MCFN GIR Regulatory Affairs
Coordinator and Environmental
Coordinator
Email (Outgoing)
JPME/PRM NNLP
Shell sent draft meeting summary from the Feb 17, 2011
NNLP meeting for comment.
Aboriginal Consultation
Fish and Fish Habitat
Compensation Lakes
FMFN, ACFN and MCFN received the draft
meeting summary.None
April 6, 2011 ACR Manager ACFN & MCFN Legal Counsel Letter (Incoming)
CEAA Registry Posting - Comments on JRP Agreement
ACFN and MCFN provided comments on the draft JRP
Agreement
Aboriginal Consultation CEAA received the comments of the ACFN and
MCFNNone
April 13, 2011ACR Consultation
ManagerACFN IRC Director Email (Outgoing)
Consultation Work Plan
Shell provided a proposed 2011 consultation work plan
for review, comment & approval.
Aboriginal Consultation ACFN received the proposed 2011 consultation
work plan.ACFN to comment on proposed work plan
April 13, 2011 ACR Manager ACFN IRC Director; 1 Elder Letter (Outgoing)
Response to March 22 Commitments letter
Shell responded to ACFN's March 22nd Letter regarding
existing commitments and noted its prior invitation to enter
negotiations for a mitigation agreement for JPME/PRM.
Mitigation ACFN received Shell's letter. None
April 15, 2011ACR Manager;
Consultation Manager
ACFN IRC Director; Project
ManagerEmail (Outgoing)
Information Request - Access management measures
Shell responded to a March 24 email regarding access
management and the protection of Bison herds.
Access Management
Wildlife ProtectionACFN received Shell's comments None
April 18, 2011ACR Consultation
Intern
Fort McKay IRC Project Manager
& Fisheries Consultant; MCFN
GIR Environmental Coordinator
& Fisheries Consultant; ACFN
Fisheries Consultants; DFO;
CEAA
Email (Outgoing)
JPME/PRM NNLP - Information provided
Per the action items taken away from the Feb 17 meeting,
Shell provided:
- Verification of comparable No Net Loss Plan to EIA #’s
flow statistics for Muskeg River;
- Fish Rescue Report with North Canterra Road
information to stakeholders;
- interim Water Mgt Framework for Muskeg River status;
- How surrogate streams were chosen
Aboriginal Consultation
Fish and Fish Habitat
Compensation Lakes
Actions from Feb 17, 2011 meeting completed None
April 19, 2011ACR Consultation
InternACFN IRC Project Manager Email (incoming/Outgoing)
JPME/PRM NNLP - Re: Information Provided
ACFN advised that actions should not be deemed
complete until ACFN had the opportunity to verify the
accuracy of the meeting summary.
Aboriginal Consultation
Fish and Fish Habitat
Compensation Lakes
Shell welcomed ACFN's comments on the draft
meeting summaryACFN to provide comments on draft meeting summary
April 20, 2011
ACR Manager;
Provincial and Federal
regulator
ACFN IRC Project Manager Email (Incoming/Outgoing)
Information Provision - TLU Study
ACFN provided notification that its integrated TLU study
for the projects was available for download from a secure
file transfer site.
Traditional Knowledge & Land Use
Shell confirmed download of the TLU study
CEAA asked for a copy by CD
None
-
May, 2011
May 4, 2011ACR Consultation
CoordinatorACFN IRC Director Email (Outgoing)
Notification - Provision of TLU to Regulators
Shell notified ACFN of its intent to distribute copies of the
ACFN TLU to regulators
Aboriginal Consultation ACFN inquired regarding Shell's intent to
summarize the TLU distributed
Shell to respond to ACFN query regarding the TK/TLU
contained in the JRP submission
May 4 - 6, 2011ACR Consultation
CoordinatorACFN IRC Project Manager Email (Incoming/Outgoing)
JPME/PRM NNLP - Feasibility
ACFN asked Shell to discuss the feasibility of its proposed
JPME/PRM compensation lake in light of information
received from external parties.
Aboriginal Consultation
Fish and Fish Habitat
Compensation Lakes
Shell responded, suggesting that both MRME
and JPME/PRM compensation lakes continued
to be pursued.
None
May 5, 2011
ACR Consultation
Coordinator; Senior
Land Representative;
Communications
Representative; Social
Performance Manager;
Consultation Intern
Fort Chipewyan Community
Members; AENV
Open House (Fort
Chipewyan)
LARP - Public Session
Shell attended a Draft Lower Athabasca Regional Plan
Public Session held at Fort Chipewyan.
Land Use and Access Management
Open house hosted by Alberta Government to
allow community an opportunity to voice
concerns and provide feedback about LARP
before it goes to Cabinet.
ACFN boycotted the event but sent a
representative to present a message to Alberta
regarding their displeasure in respect of the draft
LARP