Tag Archives: order

Proposed Hydroelectric Generating Station at the Bala Falls

Bala Falls Portage

Posted 8 March 2014

There is a lot at stake in a battle that has gone on for close to a decade.  Through a “Competitive Site Release” in 2004 the Ministry of Natural Resources (MNR) made some Crown land available south of the Bala north falls for the development of a hydro-electric generating station (Bala is north-west of Gravenhurst). The MNR is very motivated to see this happen, as not only would it help fulfill the province’s mandate for additional power generation from renewable energy sources, but MNR staff would also no longer need to adjust stop-logs to regulate water flows and levels, or be responsible for the maintenance and repair of the Bala north and south dams – instead, the proponent would have these responsibilities. Unfortunately, the MNR appears to be so motivated that they have shown little concern for the many negative impacts on fish spawning and other habitat problems that would be created.

In 2005 a proponent was awarded “Applicant of Record” status, and since then has proposed at least three different configurations, all of which would also create major public safety and economic problems.

SaveTheBalaFalls.com, the local cottager association, and the public have therefore been actively engaged both in the process and also in ensuring the appropriate government Ministries, agencies, and politicians are presented with the many outstanding concerns and issues.

One major issue is that the Bala Falls landscape is central to Bala and the surrounding area’s recreation and tourism economy as the falls are very visible and accessible, and are the main focus of visits – including literally bus-loads of tourists in the summer. They come to view the falls, to climb on the rocks, and to play in the usually serene water at the base of the falls. There are also residences within 200 feet, as well as long-time and very popular public in-water recreation that occurs within 50 feet, both upstream and downstream of the proposed generating station and the treacherously turbulent water it would create.

Another major issue is that the proposed project would obstruct a traditional and historic Portage, which is still in use. As a result of a request by the MNR, written historical proof was provided to confirm that this Portage was in use prior to the initial Crown land patent, and Section 65(4) of the Public Lands Act prohibits such obstruction. In May 2013 the MNR unilaterally declared that this land was suddenly too dangerous for the public to access – even though their own 2011 Public Safety Measures Plan for this exact area had no such concerns. We have responded with reasons why this proposed project would still be illegal under the Public Lands Act, and await a response on this complicated topic.

Two years ago, the Ministry of the Environment (MOE) told us that in the ten years the current legislation has been in place, there have been more than 50 requests to elevate different proposed hydro-electric generation proposals to an Individual Environmental Assessment. Such further study is the required first step to having any chance of an Environmental Assessment (EA) approval being denied. But the MOE has denied EVERY ONE of these 50 requests. That is, there has never been a “Part II Order” request for elevation approved. This places the fairness and efficacy of the entire EA process in question.

The current situation for the proposed Bala project is that not only are major approvals still required from all four levels of government, but there are legal challenges as well.

And SaveTheBalaFalls.com and the community will continue to ask; would it be safe, would it be beautiful, and would there be enough water over the falls to continue to draw people to Bala. We still don’t have answers, so we continue to ensure decision-makers know the problems.

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ORA Actions Have Significant Impact on Protection of Rivers

The-Chute-Second-Falls

Posted 8 March 2014

A number of environmentally harmful hydroelectric projects would likely be under construction by now if not for actions taken by ORA and our members.

In the fall of 2011, ORA was instrumental in a coordinated effort that resulted in three separate Environmental Reports (ERs) submitted by Xeneca Power Development Inc. (Xeneca)  being rejected by Ontario’s Ministry of Environment.  This was due to several deficiencies, as well as a “lack of traceability and transparency in Xeneca’s decision-making process and associated documentation”.  The developer was sent back to complete key studies and do more planning.  This rejection has led to another two years of studies, which has provided precious time for circumstances to influence some of their other proposals.  These ERs were three of a total of 19 proposals by Xeneca.

This was due to ORA and several of its members submitting Part II Order requests on hydro-electric proposals for the Ivanhoe, Frederick House and Serpent Rivers.  These were requests for the Minister of Environment to require an Individual Environmental Assessment (EA) for the projects.

Under current provincial legislation, Part II Order requests are the only option for the public and stakeholders to advocate for a more rigorous scrutiny of the proposal, and hopefully a more environmentally and socially sustainable hydroelectric project.

The proponent led process puts the fox in charge of the henhouse.  The proponent decides when to notify and consult with stakeholders, relay information, and share important documentation. Proponents don’t hesitate to let you know it’s a done deal, and that there is nothing you can do to stop the project.

Although requests to elevate the first three projects to individual EAs were not granted, these efforts did result in the proponent being required to conduct further studies. Not only did this delay the original three proposals, but it also caused Xeneca to shelve several other proposals that it had intended to issue Draft ERs on by the spring of 2012.  It has also provided time for the Department of National Defence to remove two waterpower sites on the Petawawa River.

This action by ORA and its members in 2011 bought valuable time for other events to transpire, and without this action, many of these proposals would most likely have been through the EA process by now, into the permitting phase, and under construction.

As of yet, none of Xeneca’s 19 intended projects have been approved by the Minister of Environment, and not one of the original three proposals has come back through to ER.

The first of Xeneca’s projects to make it through to the ER stage since then is the proposed Wabagishik Rapids Generating Station on the Vermilion River. In response to Xeneca’s ER and Notice of Completion in the fall of 2013, nineteen Part II Order requests were submitted to the MOE by ORA, Vermilion River Stewardship, and other concerned citizens. The large number of requests is in large part due to public awareness activities by ORA over the past few years. Currently, we are awaiting a response from the Minister regarding Wabagishik.

You can help ORA continue our work by becoming a member or making a contribution.  For more information click here.

 


Wabagishik Rapids Generating Station – Environmental Report – ORA Part II Order request

Wabagishik Rapids, Vermilion River – Proposed Dam Site

Excerpt:  “This project has not been planned in an environmentally responsible manner, and has not fully taken into account the interests of local stakeholders and the public. Therefore, it is our position that for all the reasons noted herein, Xeneca has not fulfilled its requirements under the Class EA for Waterpower.”

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