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ACKROYD. Banister & SoLicirors: IFEOMA M. OKOYE, LLM (780) 412-2716 iokoye@ackroydlaw.com ASSISTANT: SANDRA L, (780) 423-8905 ext 305 slodoen@ackroydlaw.com OUR FILE No, 187067 IMO April 19, 2018 Repsol Oil & Gas Canada Inc. Attention: VOLK, JOANNE 2000, 888-3 Street SW Calgary, AB T2P 5C5 Email to: jvolk@repsol.com Alberta Energy Regulator Suite 1000, 250-5 Street SW Calgary, AB T2P OR4 Fax to: 1-403-297-7336 and Email to: ARCTeam@aer.ca Re: CLEARWATER COALITION - STATEMENT OF CONCERN Application No.: 00411930-001 Applicant: Repsol Oil & Gas Canada Inc. (“Repsol”) Affected Locations: 12-038-07W5M and 15-038-07W5M We act for a number of landowners and occupants of property in close proximity to the Clearwater River who have various concerns with respect to the above-named application. These landowners and occupants have formed themselves as a coalition named the “Clearwater Coalition”. See TAB 1 fora list of these members and their land descriptions. The Clearwater Coalition is concerned about Repso!'s application pursuant to the Water Act, RSA 2000, ¢ W-3, for a surface water diversion license to divert high quality non-saline water from the Clearwater River at two diversion points to be used in hydraulic fracturing and related activities for a gas field development program. The Clearwater Coalition understands that this application for a water division license is just one of Repsol's first steps in its 20-year Full Field Development plan. The Clearwater Coalition understands that 280 wells are to be developed in the area over this period of time and that the water diverted from the Clearwater River will be used for hydraulic fracturing of these wells. The Clearwater Coalition is concemed with not only the impacts of the proposed water diversion but also with the 1500 First Eomonton PLace, 10665 Jasper Avenue NW, Eowonron AB Canapa T5J 3S9 TevePHone: (780) 423-8905 Fax: (780) 423-8946 development plan as a whole, including the impacts of hydraulic fracturing, and how they, their lands and activities will be directly and adversely affected. In accordance with the Notice of Application issued by the Alberta Energy Regulator (‘AER’), set out below are further details regarding the Clearwater Coalition's concerns with the above-noted application. A. Concerns of the Clearwater Coalition 1. Geographic Location of the Project Members of the Clearwater Coalition own or occupy lands in close proximity to the Clearwater River. Most of the members live within the Stakeholder Focus area, as defined by Repsol in Appendix 3 of its application. A copy of the Stakeholder Focus map on which we have identified the members’ lands with reference to the list in TAB 1 is attached at TAB 2. The Clearwater River is a prominent geological feature of the area serving many functions. In addition to being an important water source, it sustains an aquatic ecosystem and is used by many members of the Clearwater Coalition for recreational activities such as fishing, canoeing, rafting and boating. 2. Storage of Diverted Water The Clearwater Coalition is concerned with Repsol’s plan regarding storage of the water diverted from the Clearwater River, including the risk of flooding or seepage and contamination, and how unused water will be released into the environment. Several members live in close proximity to the existing water storage pond and the proposed storage pond 3, as identified on the map in TAB 2. The Clearwater Coalition has concems with respect to the architecture of the reservoirs, including materials used in designing the reservoirs and safety processes in place to prevent flooding or seepage or contamination of surrounding water sources. Repsol did not address these concems in its application. Repsol also indicates in the chart on pg. 28 of its application that it will release high-quality non- saline water back to the environment when not used. However, Repsol’s application does not contain any specific information with respect to the process of releasing unused water, including testing to ensure the water is of the same quality as that of the river into which it may be released. 3. Construction Noise and Dust At pg. 29 of its application, Repsol identifies the use of trucks to transport water resulting in noise, safety and dust hazards as a risk. As part of its mitigation measures, Repsol states that a truck 1500 First Epwonron PLace, 10665 Jasper Avenue NW, EoMonton AB Canana T5J 3S9 ‘TetePHone: (780) 423-8905 Fax: (780) 423-8946 ACKROYD... Bannister & Souictrors -3- management plan would be in place if trucks are required. However, Repsol does not address the use of trucks or noise and dust hazards as part of the construction phase or as part of its activities outside of transporting water. Repsol also does not include a copy of such truck management plan in its application. Several members of the Clearwater Coalition are located near the NW-12-38-7-W5 point of diversion, which will service Repsol’s operations on the east side of the Clearwater River, and along the roadways used to access this point of diversion. The Clearwater Coalition is concerned with respect fo noise and dust disturbances from the construction required at this site to build a pad and enhance an access road to safely place equipment (as outlined in Repso''s application to the AER in Appendix 4 of its application). This includes increased truck traffic. Several members of the Clearwater Coalition are also located near the proposed storage pond at NW-03-38-6-W5, including near roadways used to access the storage pond location. The Clearwater Coalition is concerned with the noise and dust disturbances arising from the construction of this storage pond, including increased truck traffic, especially to haul out the soil that must be excavated The Clearwater Coalition also has concems with respect to noise and dust from ongoing activities at the points of diversion and storage ponds during periods of water diversion, from transport, maintenance or other crews accessing these sites. 4. Impacts on Fisheries and Aquatics Members of the Clearwater Coalition enjoy the Clearwater River not only for its aesthetic beauty, but also for the aquatic ecosystem sustained in the river. Many members enjoy fishing on the river. However, the Clearwater Coalition has concems with respect to the impact of the project on fish populations and the health of the river. The North Central Native Trout Recovery Program is a long-term initiative by the Alberta Government which commenced in 2017. The program is aimed at recovering native trout and whitefish in the central and northem East Slopes of Alberta, which includes the Clearwater River. The enclosed factsheets, produced by the Government of Alberta, in TAB 3 further describe the program and provide more details on the program's efforts in the Clearwater River. The report in TAB 4, “Bull Trout Conservation Management Plan 2012-2017", produced by the Government of Alberta, attributes the slow recovery, if any, of bull trout populations in part to increasing impacts of industrial activities within the species historic range (see pg. 36 of the report), The report also assesses the Clearwater River as having a high risk conservation ranking with respect to bull trout populations. Given the tisk to survival of bull trout in the Clearwater River already, Clearwater Coalition members are concerned what further impact increased industrial activities will have on these trout populations. 1800 First Eomonton Piace, 10665 Jasper Avenue NW, Eowonron AB Canana T5J 3S9 ‘TetepHone: (780) 423-8905 Fax: (780) 423-8946