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Instrument Decision Notice:   EBR Registry Number:   011-9127
Proponent: Nodin Kitagan Limited Partnership and Nodin Kitagan 2 Limited Partnership,
by its General Partners Shongwish Nodin Kitagan GP Corp. and Shongwish Nodin Kitagan 2 GP Corp.
4723 1 Street Southwest
Suite 200
Calgary Alberta
Canada T2G 4Y8
Instrument Type:   Approval for a renewable energy project - EPA s.47.3(1)
 
Ministry Reference Number:
5268-94GPYR
Ministry:
Ministry of the Environment
Date Proposal loaded to the Registry:
May 13, 2013
Date Decision loaded to the Registry:
December 16, 2013
 
 
Keyword(s):   Air  |  Electricity
 
Decision on Instrument:

A Renewable Energy Approval (REA) has been issued to Nodin Kitagan Limited Partnership and Nodin Kitagan 2 Limited Partnership, by its General Partners Shongwish Nodin Kitagan GP Corp. and Shongwish Nodin Kitagan 2 GP Corp. to engage in a renewable energy project in respect of a Class 4 wind facility consisting of the construction, installation, operation, use and retiring of 36 wind turbines, with a total name plate capacity of 58.32 MW. The wind facility will be connected to Great Lakes Power Transmission’s distribution system.

This Class 4 wind facility, known as the Bow Lake Wind Farm, consists of areas required for the wind facility components, as well as collector lines. The wind facility is located in the Unorganized Townships of Smilsky and Peever, District of Algoma, Ontario.

The REA requires the applicant to construct, install, operate, use and retire the facility in accordance with specific terms and conditions. The terms and conditions, as summarised below, require the applicant to:

  • construct and install the facility within 3 years of the date of the approval,
  • construct and install the facility in accordance with the documentation considered for the issuance of this approval,
  • properly decommission the facility upon retirement of the facility,
  • comply with the ministry’s noise emission limits at all times,
  • carry out an acoustic immission audit of the sound levels produced by the operation of the equipment,
  • manage stormwater, and control sediment and erosion during and post construction,
  • design, construct and operate a spill containment facility for the transformer substation,
  • conduct water taking activities in an environmentally responsible manner,
  • implement the pre and post construction Natural Heritage monitoring program, which includes bird and bat monitoring,
  • not commence any construction or installation activities at the project location until the applicant has completed any requirements under the Endangered Species Act,
  • create a community liaison committee with members of the public and applicant,
  • include the facility in the Lake Superior Provincial Park’s interpretive program, if requested
  • develop and implement an outdoor interpretive presentation at the request of, and in consultation with the Algoma Kinniabi Travel Association and the Agawa Canyon Rail CN,
  • properly address any archaeological resources discovered,
  • fulfill all commitments made by it in writing to Aboriginal communities both prior to and after receiving this approval,
  • continue to work with Environment Canada to ensure that the ability of the Environment Canada weather radar system to properly detect and monitor extreme weather events is not adversely impacted by the project,
  • maintain records of the operation and maintenance of equipment and inspections and complaints related to the facility,
  • notify the ministry of complaints received alleging adverse effect caused by the construction, installation, operation, use or retirement of the facility, and
  • notify the ministry prior to a change of ownership.

This renewable energy project has been approved in accordance with the requirements of Part V.0.1 of the Environmental Protection Act and Ontario Regulation 359/09.

Comment(s) Received on the Proposal:   297

Public Consultation on the proposal for this decision was provided for 45 Days, from May 13, 2013 to June 27, 2013.

As a result of public consultation on the proposal, the Ministry received a total of 297 comments: 222 comments were received in writing and 75 were received online.

Additionally, a copy of all comments are available for public viewing by contacting the Contact person listed in this notice.

A selection of these comments are available:

Effect(s) of Consultation on this Decision:

All comments received were reviewed by the ministry and considered during the review of the application. These concerns and comments have been summarized below:

Concerns related to health impacts

The Ontario Chief Medical Officer of Health’s report concluded that scientific evidence available to date does not demonstrate a direct causal link between wind turbine noise and adverse health effects. Scientific evidence to date indicates that, at the typical setback distances in Ontario, there is no direct health risk from wind turbine noise, including low frequency noise and infrasound.

The Ministry of the Environment (MOE) has built safety requirements into Ontario REA Regulation (O. Reg 359/09). For wind facilities, a proponent must meet section 53 of O. Reg. 359/09, which prohibits a proponent to place a turbine closer than the height of the turbine to a property boundary (unless a Property Line Setback Assessment is completed).

Minimum setback requirements have been met in all cases, the noise report meets MOE guidelines and the applicant has committed to implementing appropriate construction and operational health and safety protocols.

Further, a condition has been imposed in the REA to operate and maintain the facility in accordance with good engineering practices and as recommended by the equipment suppliers.

Concerns related to Aboriginal consultation

The legal duty to consult rests with the Crown, and the Crown is ultimately responsible for ensuring that the duty has been met. However, through the REA process the Crown has delegated procedural aspects of consultation to applicants.

Under O. Reg. 359/09, prior to submitting an application for a REA, applicants are required to contact the listed Aboriginal communities for their project, and communicate with them about any constitutionally protected rights identified as being adversely impacted by the project, as well as measures for mitigating any adverse impacts. The MOE encourages REA applicants to work closely with Aboriginal communities to ensure that their interests and concerns are accommodated as appropriate. Applicants are required to include in their REA application a Consultation Report describing comments received from the public, other stakeholders, and Aboriginal communities, and how these comments were considered in their proposal.

As a result of the engagement activities, and the ongoing relationship between the applicant and the Métis Nation of Ontario, the Métis Nation of Ontario issued a letter in support of the project to the Minister of Environment and Minister of Natural Resources on November 16, 2012. The letter of support indicates that the Métis Nation of Ontario have received meaningful engagement, and that the project has fulfilled any obligations with regard to engagement, consultation, or accommodation.

The approval for this project include conditions requiring the applicant to fulfill any commitments made to Aboriginal communities, and if requested, to provide updated project information and make best efforts to arrange meetings with interested Aboriginal communities to discuss the project. The REA also include conditions requiring the applicant to retain records of ongoing communications with interested Aboriginal communities and to make these records available for review by MOE upon request.

Concerns related to property values

The Municipal Property Assessment Corporation’s (MPAC) analysis of property sales to date has not indicated that wind turbines that are either abutting or close to a property have either a positive or negative impact on the value.

MPAC is currently undertaking a level of assessment study to determine if the distance from a wind turbine affects the assessed value of a property. To complete this review, MPAC will compare the 2012 assessed values to recent sale prices to determine if the ratio between the assessments and the sale prices differs between homes near wind turbines and those further away. Once complete, a copy of the study will be made available to the public.

Concerns related to noise impacts

A total of thirty-six wind turbine generators and one transformer substation with two main power transformers were evaluated in the Acoustic Assessment Report for this project.

MOE noise engineers have reviewed the Acoustic Assessment Report provided by the applicant and have confirmed that the project will meet the ministry’s standards for wind facilities. Further, the noise impact assessment and the project have met the requirements of O. Reg. 359/09.

The noise impact assessment was carried out in accordance with “Noise Guidelines for Wind Farms”, MOE, 2008.

If the public has any noise concerns, incidents to report, or has any complaints they would like to raise relating to a wind facility operation, they should contact their local MOE district or area office. The MOE is committed to providing timely services for receiving, assessing, and coordinating responses to all complaints related to potential environmental incidents (including those from wind facilities). The MOE’s first level of field response is provided by environmental officers working out of the MOE’s district or area offices.

Concerns related to consultation and community input

Local input is an important part of the REA process. Projects subject to O. Reg. 359/09 must conduct consultation with the public, municipalities and Aboriginal communities to provide opportunities for participation in the process and ensure transparent decision-making. At a minimum, an applicant must provide written notice of a proposed renewable energy project, hold at least two public meetings, and make all required reports available to the public, municipalities, and Aboriginal communities in advance of the meetings. In their application, an applicant is required to document concerns that have been raised by local groups, individuals, municipalities, Aboriginal communities and other public bodies/agencies, and must describe how these concerns have been addressed.

The ministry strongly encourages meaningful participation in the consultation process. Opportunity for public comment on this project has been provided since 2007, when the project commenced under O. Reg. 116/01. The input received through consultation is a vital part of the decision-making process as it plays a critical role in informing ministry decisions and may lead to placing conditions on an approval.

The MOE is committed to ensuring that renewable energy applicants are good neighbours when situating a new wind facility in a local community. In order to address concerns raised regarding the impact of the project on the community, the MOE has included a condition to create a Community Liaison Committee (CLC). This CLC will be made up of individuals in the community and representatives from the applicant. The aim of the committee will be to keep the lines of communication open during the implementation of the project, deal with issues that arise during implementation and report on an annual basis to the MOE.

Concerns related to shadow flicker

Assessment of shadow flicker is not a requirement of O. Reg. 359/09. MOE will continue to monitor research and literature on this issue and will modify our practices accordingly.

The impact due to shadow flicker is anticipated to be low, given the location of the facility on Crown land, and that there are no permanent residences in the area. The closest potential receptors to the project are small seasonal hunt and fishing camps/cabins, which are distant enough from the turbines to ensure that shadow flicker is not anticipated.

Concerns related to the number of turbines already in the area

Green energy is a key part of the province’s plan to combat climate change and phase out coal. Increasing renewable energy generation and conservation will reduce greenhouse gas emissions and create thousands of green jobs in Ontario. The MOE is committed to assisting the government in meeting its goals to increase the supply of electricity from clean and new renewable energy projects in a way that protects human health and the environment.

Ontario's Long Term Energy Plan (LTEP) identifies the importance of developing a balance of generation resources, and wind energy as a significant part of Ontario’s future generating capacity. The Bow Lake Wind Farm will help in meeting the targets of the LTEP. In addition, to the extent wind generation can offset greenhouse gas producing energy; Bow Lake Wind Farm will assist Ontario in achieving its climate change mitigation goals as well.

Applicants are required to consider the noise impacts of existing and proposed adjacent (or neighbouring) wind facilities as part of their noise assessment to ensure MOE’s sound level limits are met in all cases. More specifically, as noted in section 6.4.9 of the MOE’s Noise Guidelines for Wind Farms (October 2008), the combined contributions from wind turbines within 5 kilometres must be included in the impact assessment at a point of reception, as was completed by the applicant. If a wind facility is proposed to be located in an area where more than one wind facility is under development, proponents are required to consult with neighbouring proponents to ensure projects will meet the requirements for cumulative noise effects from multiple wind turbines.

Request for a moratorium

When developing the REA regulation, the MOE drew upon extensive existing scientific research from around the world. Reviewing a large body of peer-reviewed reports and studies enabled MOE to develop a regulation that was based on the best available science to protect human health and the environment. MOE continues to review emerging scientific and engineering studies to ensure Ontario's REA regulation remains in line with the latest and best in science.

Concerns related to impacts on the natural environment and wildlife

Ministry of Natural Resources (MNR) staff have reviewed the necessary natural heritage reports for the Bow Lake Wind Farm and provided their confirmation letter (dated January 25, 2013) for the applicant’s Natural Heritage Assessment (NHA). The letter confirms that the applicant used appropriate evaluation criteria or procedures accepted by the MNR for the:

  • determination of the existence and boundaries of natural features,
  • preparation of the site investigation and records review,
  • evaluation of the significance or provincial significance of the natural features,
  • determination that the project location is not in a provincial park or conservation reserve, and
  • preparation of the environmental impact assessment report.

Ontario’s REA process includes clear requirements to ensure consideration and protection for natural heritage features, including 120 m setbacks to natural features.

The project area is located on Crown land designated as General Use Area by the Ministry of Natural Resources (MNR)’s Crown Land Use Policy Atlas. The general land use intent for the lands in which the project location will be situated is forest management, mineral exploration, mining, electric power generation, tourism, Crown land recreation, and public recreation. The project location is suitable for wind power generation and is in agreement with the applicable MNR land use policy.

Concerns related to impacts on birds and bats

Ontario’s REA process includes clear requirements to ensure consideration and protection for natural heritage features, including 120 m setbacks to significant bird and bat habitats. The process also includes requirements for monitoring and mitigation of potential negative effects to birds, bats and their habitats. The developer must identify any negative impacts the renewable energy project may have to natural features and develop measures to mitigate those effects.

MNR has confirmed that all of the survey work was conducted at the appropriate time of year and is documented in the Natural Heritage Assessment prepared for the project.

An Environmental Effects Monitoring Plan (EEMP) for bird and bat monitoring has been completed and provided to MNR for review and comment. Conditions have been included in the approval for the applicant to implement its EEMP for birds and bats as submitted as part of the application, and to implement mitigation and monitoring as outlined in the EEMP.

The bird and bat monitoring plan has been developed in accordance with MNR and Environment Canada’s guidelines. This monitoring plan has been reviewed and approved by MNR.

The project requires both construction and operational mitigation plans under the Endangered Species Act, 2007 (ESA) for impacts on two bat species: little brown myotis and the northern myotis. The applicant will be required to meet all requirements under the ESA prior to commencing construction and installation in areas at the project location that support habitat little brown myotis and the northern myotis.

Concerns related to visual impacts

It is recognized that people have varying opinions about the changes a wind facility will bring to the visual landscape. Wind turbines and the associated infrastructure take up only a small portion of the land on which they are situated. This does not constitute an industrial park which is characterized by development of large portions of the land for manufacturing as well as large scale traffic increases during operation.

Visual simulations of the project were undertaken from several vantage points, including those along the Lake Superior coastline and local roadways. Due in large part to the local topography and predominantly forested nature of the landscape, the project is intermittently visible.

In an effort to minimize the potential visual change, the applicant set back the wind turbines from the Lake Superior shoreline, reducing their visibility from common local vantage points along Highway 17 and Lake Superior Provincial Park. In addition, the forested nature of the local landscape assists in screening the project from many potential vantage points. In order to address concerns over the night-time aviation safety lights, the number of lit turbines has been limited to 18 – the number required to meet Transport Canada lighting requirements.

A Cultural Heritage and Tourism Impact Assessment (CHTIA) Report was prepared for the project to study and address concerns raised regarding potential effects on regional cultural heritage resources within the Zone of Visual Impact. This included an assessment of Group of Seven landscapes and the Great Lakes Heritage Coast. The report concluded that, while the wind turbines will be visible to varying extents from different cultural heritage resource locations, the project will have limited effects on cultural heritage resources in the area; and various design and turbine siting considerations have already been undertaken in order to minimize potential effects on cultural heritage resources.

Concerns related to impacts on waterbodies

MOE staff have reviewed the waterbodies reports provided by the applicant. The MOE reviewer has confirmed that the document has met the requirements of O. Reg. 359/09. Conditions have been included with the approval to manage stormwater and control sediment and erosion, and carry out specific actions should foundation dewatering or water takings exceed 50,000 litres per day. Provided that the mitigation measures outlined in this report and the Construction Plan Report are followed, no ground or surface water impacts are anticipated from this project.

To minimize the number of new roads, the project will share some of the project roads with the licensed forest operator. These shared roads have been assessed and approved under the Forest Management Plan (FMP) and will be built in accordance with the requirements of the FMP.

The applicant has confirmed that erosion and sediment control measures will be implemented prior to the initiation of any construction in order to minimize erosion potential and the introduction of sediment into the natural features during road construction, site grading, collector line installation, and other construction activities. All water crossings will require a permit from MNR which will include conditions for sedimentation control and monitoring requirements. In addition, the water crossing locations for the project have received and will adhere to the letter of advice from the Department of Fisheries and Oceans.

Concerns related to the unpredictability of electricity generated and rising costs of electricity

The Province of Ontario has identified wind as one component of a diversified energy mix for the province, as identified in Ontario’s LTEP. The Ontario Power Authority (OPA), the agency responsible for supply procurement, and the Independent Electricity System Operator (IESO), the agency responsible for the reliability of Ontario electricity system, have both researched, modeled and proposed a target for wind (10% by 2030) that ensures an efficient and reliable system supply to meet Ontario electricity demands while satisfying the Government’s and the Ontario public’s goals for new supply.

Decommissioning concerns

As part of the REA, there is a decommissioning condition. This condition requires the proponent to comply with all commitments made in the REA documentation. Further, consultation with the local District Manager of MOE will be required in order to meet all the requirements at the time of decommissioning.

MOE has included a condition for the proponent to contact the ministry prior to decommissioning of the facility, to ensure that the lands can be restored to their original use.

Concerns related to impacts on cultural heritage

The applicant completed a Heritage and Tourism Impact Assessment for the Bow Lake Wind Farm. The purpose of the evaluation was to determine the impact the proposed project may have on heritage resources in the study are, and on tourism opportunities in the region. In addition to determining impact, the heritage assessment was also to propose measures where necessary, to avoid, eliminate or mitigate any identified impacts.

The Ministry of Tourism, Culture and Sport (MTCS) confirmed in a letter dated February 24, 2012 that they were satisfied with the findings of the Heritage Assessment.

Concerns related to impacts on recreation and the tourism economy

The project location and surrounding area is primarily forested land and is actively harvested under a Sustainable Forest License.

The applicant is also aware of other existing users without licences, permits or tenure, which generally includes recreational users (fishing, hunting, hiking, sight-seeing, and ATV/snowmobiling) of the site.

Additional new public multi-use and project-specific roads will be necessary to access some project infrastructure, and will be designed to minimize the effects on natural features. The Crown lands and new and existing public multi-use roads in the vicinity of the project area will remain open for public use (subject to the appropriate measures for safety and environmental protection) including but not limited to trappers, hunters and fishers and traditional gathering.

A Heritage and Tourism Impact Assessment was prepared for the project to study and address concerns raised regarding potential effects on regional cultural heritage resources within the Zone of Visual Impact. The tourism impact assessment completed for the project included a survey of local tourism operators located in the region from Sault Ste. Marie to Wawa. The report concluded the impact of the Bow Lake Wind Farm upon the tourism industry within the Zone of Economic Impact is that it will have essentially a minimal effect.

Concerns regarding to impacts on landscapes painted by the Group of Seven

The applicant completed a Heritage and Tourism Impact Assessment for the Bow Lake Wind Farm. The purpose of the evaluation was to determine the impact the proposed project may have on heritage resources in the study are, and on tourism opportunities in the region. In addition to determining impact, the heritage assessment was also to propose measures where necessary, to avoid, eliminate or mitigate any identified impacts.

Based on the comments and consent received by the MTCS for the Heritage and Tourism Impact Assessment, the research done was adequate and sufficient to understand potential effects on cultural heritage resources, including Group of Seven heritage resources. In preparing the assessment the authors identified and communicated with a number of individuals with Group of Seven expertise. While some potential experts refused to contribute to the study, others participated and contributed their knowledge of painting locations in the area. The assessment report was prepared with the best information accessible, as provided from a wide range of experts.

MTCS confirmed in a letter dated February 24, 2012 that they were satisfied with the findings of the Heritage Assessment.

Concerns related to the project ownership

The project is being developed by Nodin Kitagan Limited Partnership and Nodin Kitagan 2 Limited Partnership. These partnerships include the Batchewana First Nation, BluEarth Renewables Inc., DP Energy, and Vortex. Once the project reaches commercial operation, the limited partners will be the Batchewana First Nation and BluEarth Renewables Inc. BluEarth Renewables Inc. is lead development partner for the project. Once operating, the project will be a 50/50 partnership between BluEarth Renewables Inc. and the Batchewana First Nation.

Concerns regarding a land claim in the area

The project is located on provincial Crown Land that lies within the original reserve and traditional territory of Batchewana First Nation. Batchewana First Nation and Michipicoten First Nation continue to have discussions regarding their traditional territories. The project has completed extensive engagement activities with Michipicoten First Nation since 2007. In addition to the extensive engagement completed by the project, Batchewana First Nation continue discussions with Michipicoten First Nation in regards to traditional territory.

Concerns related to the lack of need for renewable energy sources

The Province of Ontario has identified wind as one component of a diversified energy mix for the province, as identified in Ontario’s LTEP. The OPA, the agency responsible for supply procurement, and the IESO, the agency responsible for the reliability of Ontario electricity system, have both researched, modeled and proposed a target for wind (10% by 2030) that ensures an efficient and reliable system supply to meet Ontario electricity demands while satisfying the government’s and the Ontario public’s goals for new supply.

Concerns related to fires and emergency response

A detailed Emergency Response and Communications Plan for use by employees will be prepared and/or approved by the proponent for each project phase (construction, operation, decommissioning), and will include up-to-date contact information and be maintained at the operation and maintenance building (at minimum). As appropriate, the proponent and/or the Contractor for each project phase would review the Emergency Response and Communications Plan prior to and during each phase of the project.

A Forest Fire Prevention and Preparedness plan has been prepared in accordance with MNR requirements and has been submitted to the MNR in accordance with the MNR Approvals and Permit Requirements Document.

In addition, Batchewana First Nation has made forest fire safety a priority for its members, and as part of their employment training program for members working at the project site. All of the Batchewana First Nation members who work on the site will have their basic forest fire training, and approximately one third of the Batchewana First Nation work force have received full training as firefighters and can respond as call-ups to the MNR, and will be available to work any forest fire site within Ontario.

Concerns related to the prevention of opportunities for small local initiatives and microFIT projects

The Province of Ontario has identified wind as one component of a diversified energy mix for the province, as identified in Ontario’s LTEP. The OPA, the agency responsible for supply procurement, and the IESO, the agency responsible for the reliability of Ontario electricity system, have both researched, modeled and proposed a target for wind (10% by 2030) that ensures an efficient and reliable system supply to meet Ontario electricity demands while satisfying the Government’s and the Ontario public’s goals for new supply.

MicroFIT projects are connected to the province’s grid through the local distribution system at a lower voltage. Larger scale generation projects such as the Bow Lake Wind Farm are connected directly to the province’s high voltage transmission, and do not compete with microFIT projects.

Concerns related to the inability to monitor and measure noise

The MOE is committed to providing timely services for receiving, assessing, and coordinating responses to all complaints related to potential environmental incidents (including those from wind facilities). The MOE’s first level of field response is provided by environmental officers working out of the MOE’s district or area offices. For example, in the case of an incident involving wind facility operations noise that has resulted in a complaint call into the MOE, the District staff will attempt to verify the complaint and assess the impact on the complainant, which may include several visits to the complainant’s residence at various times of the day. After the site assessment is completed, District staff will decide whether actions need to be taken to resolve the situation.

Since September 2009, the MOE has been proactively inspecting existing wind facilities in Ontario. Inspections include an evaluation of approval requirements such as equipment location, operation and maintenance requirements, records related to environmental complaints, measures taken to address the cause of complaints and compliance with transformer sound level limits. Additionally, to follow up on citizen’s complaints about wind turbine noise, Environmental Officers will attend wind facilities and make an assessment as to whether wind turbine noise is causing an adverse effect on neighbouring residents.

The MOE uses a progressive suite of enforcement tools to ensure wind farms operate in compliance with approval conditions. This includes both voluntary and mandatory abatement measures to address non-compliance. The manner in which the complaint is addressed may vary from site to site and can include continued noise monitoring, a noise reduction plan and shutting down turbines. The MOE also regularly inspects projects to ensure compliance. If these proactive inspections trigger the need for additional noise monitoring, the MOE will use the tools in the new protocol to ensure noise limits are adhered to by wind farms.

Concerns regarding landowner rights, restrictions and encroachment

Applicants of a renewable energy project are advised to consider the noise impacts of its project on existing and potential future noise receptors prior to the submission of an application for a REA to the MOE. The MOE recognizes that a proponent’s ability to assess noise impacts may be affected by the availability of information at the time. Accordingly, it is recommended that when a proponent is preparing a detailed noise assessment for submission to the MOE, that the assessment address the impact on noise receptors based on the location of noise receptors from the proposed wind turbine layout at the time when the wind turbine layout is made publicly available.

The project is located on Crown land. The project location and surrounding area is primarily forested land and is actively harvested under a Sustainable Forest License. Through the REA process, the project has provided all mandatory notices to all Land Use Permit (LUP) holders that have been identified by the MNR as potentially having an interest in the project. In addition, the MNR has also consulted directly with LUP holders to seek feedback regarding the project.

Concerns regarding the project website

Section 15.1 of O. Reg. 359/09 refers to posting copies of the REA application reports on the project website within 10 days after a notice of the proposal for a REA is posted on the Environmental Registry (EBR). Given that the Instrument Proposal Notice was posted on the EBR on May 13, 2013, the REA reports were to be posted on the applicant’s project website by May 23, 2013. The REA reports were posted on the website within that timeframe.

As part of the MOE review process, 45 days was given for public review and comment on the EBR.

Concerns regarding impacts on the Montreal River Harbour Weather Radar

Environment Canada (EC) and the applicant have had extensive discussions regarding the impacts of the project on the Montreal River Weather Radar. The two parties continue to work together to discuss mitigation measures and an implementation agreement.

The approval for this project includes specific conditions to ensure that the construction, installation and operation of the facility does not impact the ability of the EC weather radar system to properly detect and monitor extreme weather events. The conditions of approval require the applicant to monitor the effectiveness of the Montreal River Weather Radar in order to determine whether any additional mitigation measures are necessary.

The Montreal River Weather Radar data quality over Highway 17N and Lake Superior is not anticipated to be affected. The area of potential effect on radar data quality of the Montreal River Weather Radar Station does not include any portions of Highway 17N, or Lake Superior and will not affect the ability for the weather radar to track and forecast weather systems on Lake Superior. As a result, there will be no impairment of local emergency services on Highway 17N, or any compromise to the safety of local citizens that rely on Hwy17N for transportation.

Detailed comments from Save Ontario’s Algoma Region (SOAR)

Detailed comments were provided by Save Ontario’s Algoma Region (SOAR). SOAR’s comments were considered by the MOE separately.

Support for the project

A number of comments were submitted in support of the project. These comments were noted and considered.

Out of scope comments

These comments were not project specific and rather related to political statements, government policy, or the regulatory framework.

As these comments did not pertain to the project, ministry staff did not consider them in the decision making process. As per section 35 (2) of the Environmental Bill of Rights, 1993 “For the purposes of subsection (1), a comment on the legislative or regulatory framework within which the decision whether or not to implement a proposal for an instrument is to be made is not a comment relevant to the proposal for the instrument.”

Third Party Hearing Provisions:

Any resident of Ontario may require a hearing by the Environmental Review Tribunal (ERT) within 15 days after December 16, 2013 by written notice served upon all of the following:

Appellate Body:

Secretary
Environmental Review Tribunal
655 Bay Street
Floor 15
Toronto
M5G 1E5
Phone: (416) 212-6349
Fax: (416) 326-5370
Toll Free Phone: (866) 448-2248

Environmental Commissioner of Ontario:

Environmental Commissioner of Ontario
1075 Bay Street
Suite 605
Toronto Ontario
M5S 2B1
Phone: (416) 325-3377
Toll Free Phone: (800) 701-6454

Issuing Authority:

Vic Schroter
Director, Section 47.5, Environmental Protection Act
Environmental Approvals Branch
135 St. Clair Avenue West
Floor 1
Toronto Ontario
M4V 1P5
Phone: (416) 314-8573
Toll Free Phone: (800) 461-6290

Proponent:

Nodin Kitagan Limited Partnership and Nodin Kitagan 2 Limited Partnership,
by its General Partners Shongwish Nodin Kitagan GP Corp. and Shongwish Nodin Kitagan 2 GP Corp.
4723 1 Street Southwest
Suite 200
Calgary Alberta
Canada T2G 4Y8

An applicant for a hearing shall state in the notice requiring the hearing, (a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause, (i) serious harm to human health, or (ii) serious and irreversible harm to plant life, animal life or the natural environment; (b) the portion of the renewable energy approval in respect of which the hearing is required; and (c) the relief sought.

Further information is provided on the ERT’s website at: http://www.ert.gov.on.ca/english/guides/index.htm

If you have any questions about the hearing process please consult a lawyer or contact the ERT.

The attached Certificate document is intended for posting on the Environmental Registry in order to provide the reader with the substantive content of the issued instrument. Please note the official version may be differently formatted or otherwise contain minor variations from this version.

 
Contact:

Sarah Raetsen
Senior Project Evaluator
Ministry of the Environment
Operations Division
Environmental Approvals Branch
135 St. Clair Avenue West
Floor 1
Toronto Ontario
M4V 1P5
Phone: (416) 326-6089
Fax: (416) 314-8452
Toll Free Phone: (800) 461-6290

Location(s) Related to this Instrument:

Townships of Smilsky and Peever, District of Algoma

DISTRICT OF ALGOMA

Additional Information:

The following government offices have additional information regarding this Decision. To arrange a viewing of these documents please call the Ministry Contact or the Office listed below.

Sault Ste. Marie Area Office
70 Foster Drive
Suite 110
Sault Ste Marie Ontario
P6A 6V4
Phone: (705) 942-6354
Toll Free Phone: (800) 965-9990

Environmental Approvals Branch
135 St. Clair Avenue West
Floor 1
Toronto Ontario
M4V 1P5
Phone: (416) 314-8001
Toll Free Phone: (800) 461-6290

The documents linked below are provided for the purposes of enhancing public consultation.
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