Chris Powter Executive Director Oil Sands Research and Information Network School of Energy and the Environment University of Alberta

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Chris Powter Executive Director Oil Sands Research and Information Network School of Energy and the Environment University of Alberta www.osrin.ualberta.ca

OSRIN Creating and Sharing Knowledge 2

CRR provides a definition of ELC 1(e) equivalent land capability means that the ability of the land to support various land uses after conservation and reclamation is similar to the ability that existed prior to an activity being conducted on the land, but that the individual land uses will not necessarily be identical; OSRIN Creating and Sharing Knowledge 3

CRR 1(j) land means terrestrial, semi-aquatic and aquatic landscapes OSRIN Creating and Sharing Knowledge 4

CRR 1(k) land capability means the ability of land to support a given land use, based on an evaluation of the physical, chemical and biological characteristics of the land, including topography, drainage, hydrology, soils and vegetation; OSRIN Creating and Sharing Knowledge 5

Capability chosen for two main reasons: Avoids productivity problems Limited field season Impacts of weather Impacts of management factors like fertilizers Landowner interference Allows for earlier certification, especially when the ultimate goal is an ecological function or the ultimate vegetation is long-lived Requires comfort that our understanding of response is right or at least acceptable Vegetation is used as confirmation OSRIN Creating and Sharing Knowledge 6

Can be the same (similar) Can be different (but not necessarily the same) Not equal to or better than equal capability equivalent capacity equivalent productivity OSRIN Creating and Sharing Knowledge 7

OSRIN Creating and Sharing Knowledge 8

Landscape Soils Vegetation 1963 Surface Reclamation Act Safe and secure site Remove debris and level grade Reclamation OSRIN Creating and Sharing Knowledge 9

Landscape Soils Vegetation 1973 Land Surface Conservation and Reclamation Act Emphasis on productivity/performance Reclamation OSRIN Creating and Sharing Knowledge 10

Landscape Soils Vegetation 1980 and 1982 - Minimum Reclamation Standards Soil salvage and replacement required for all activities Reclamation OSRIN Creating and Sharing Knowledge 11

Landscape Soils Vegetation Capability starts to be the goal 1984 gov/ind/engo Capability workshop LCCS for coal mines (agriculture) Macyk (1987) Leskiw (1993) Reclamation OSRIN Capability 12

Landscape Soils Vegetation 1993 - EPEA/CRR ELC enshrined in regulation Wellsite criteria 1993, 1994, 1995, 2010 Railway criteria 1996 Pipeline criteria 2001 Oil sands LCCS 1996, 1998, 2006 Reclamation Capability OSRIN Creating and Sharing Knowledge 13

Regional plans Cumulative effects Remediation Biodiversity Wetlands Aesthetics Hydrology Hydrogeology OSRIN Creating and Sharing Knowledge 14

OSRIN Creating and Sharing Knowledge 15

EPEA does NOT require reclamation to ELC Does require conservation, reclamation and certification Does provide for Regulation of standards and criteria including, without limitation, the standard of reclamation of specified land to its equivalent capability Reclamation definition doesn t mention revegetation Consistent with capability concept, revegetation is a land management issue OSRIN Creating and Sharing Knowledge 16

Objective 2 The objective of conservation and reclamation of specified land is to return the specified land to an equivalent land capability Similar function as EPEA Purpose section OSRIN Creating and Sharing Knowledge 17

OSRIN Creating and Sharing Knowledge 18

Can t speak about capability unless there is a context for it Capability for what - usually a land use (forestry, agriculture, recreation) or a function (watershed protection, fish or wildlife habitat) Can be multiple capabilities for a given piece of land but we often speak of and measure the primary one (e.g., commercial forestry) and assume the others will fit in (e.g., wildlife habitat and recreation) Important for remediation as well as reclamation! OSRIN Creating and Sharing Knowledge 19

OSRIN Creating and Sharing Knowledge 20

Small disturbances Landowner + company (+ Municipality + regulator?) Large disturbances Company + stakeholders at planning and design phase Company + regulators (hearing) + intervenors Mostly by DEFAULT rather than conscious decision! OSRIN Creating and Sharing Knowledge 21

http://environment.alberta.ca/apps/osip/ Iron Horse Trail OSRIN Creating and Sharing Knowledge 22

[ELC] is like calling someone an expert marksman because they shoot a hole in the paper THEN draw concentric circles around the hole showing that every shot is a bulls eye. OSRIN Creating and Sharing Knowledge 23

The ability of the land to support various land uses after conservation and reclamation is similar to the ability that existed prior to an activity being conducted on the land, but that the individual land uses will not necessarily be identical OSRIN Creating and Sharing Knowledge 24

Start Same Ag -> Ag Forest -> Forest Industrial -> Industrial Same - Modified Slope Passive Pit lakes Highwalls Shelterbelts Wetland pads Railways Changed Active Roads Industrial Residential Recreation OSRIN Creating and Sharing Knowledge 25

Often makes sense to go back to same function BUT Equivalent provides flexibility for alternative functions (e.g., roads, lakes, industrial, commercial, residential, recreation) Two choices when changing function Retain all materials necessary to support primary function and superimpose temporary function OR Reclaim to new function characteristics (restricts future options) OSRIN Creating and Sharing Knowledge 26

OSRIN Creating and Sharing Knowledge 27

Other legislation and policy (e.g., public land, municipal zoning) Geography and ecological setting Approvals Criteria, standards, guidelines, etc. Technology Economics Company proposals Historical performance OSRIN Creating and Sharing Knowledge 28

Change ELC definition to read ELC means Providing the ability to support similar functions on a site OR Providing the ability to support different, but agreed upon, functions, OR Meeting reclamation certification criteria Develop a policy that clearly describes how the decisions of equivalent and capability for what are made, when they are made and by whom Decide if ELC is an objective or a statutory requirement OSRIN Creating and Sharing Knowledge 29

Certified oil sands site Stop blaming the legislation the choice is yours! Make conscious decisions about reclamation objectives not default ones Don t apologize for your ELC decisions celebrate them Share your experiences to motivate others OSRIN Creating and Sharing Knowledge 30

Arnold Janz Alberta Environment and Water Jay Woosaree Alberta Innovates Technology Futures Marc Symbaluk Teck Coal Limited Thor Thordarson Border Paving Ltd. Google Earth OSIP Oil Sands Information Portal, Alberta Environment and Water OSRIN Creating and Sharing Knowledge 31

Oil Sands Research and Information Network, 2011. Equivalent land capability workshop summary notes. Oil Sands Research and Information Network, University of Alberta, School of Energy and the Environment, Edmonton, Alberta. OSRIN Report No. TR-13. 83 pp. http://hdl.handle.net/10402/era.23385 OSRIN Creating and Sharing Knowledge 32

Questions? OSRIN Creating and Sharing Knowledge 33