2.0 JURISDICTION Parks Canada s decisions about the acceptability of proposals presented in the LRP are guided by a number of regulatory instruments and policies, the most relevant of which are described in this section. 2.1 Legislation 2.1.1 Canada National Parks Act Marmot Basin is located in Jasper National Park, and therefore falls under the jurisdiction of the Canada National Parks Act (Government of Canada 2000). The Park Superintendent is required to manage the Park and leaseholders in accordance with the requirements of the Canada National Parks Act and associated regulations. The act sets specific limits on ski area development. The Act contains two clauses which provide the basis on which the Park Superintendent must consider decisions related to activities at Marmot Basin. Section 4(1) states the underlying purpose of National Parks: The national parks of Canada are hereby dedicated to the people of Canada for their benefit, education and enjoyment, subject to this Act and the regulations, and the parks shall be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations. Further direction is provided in Section 8(2): Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, shall be the first priority of the Minister when considering all aspects of the management of parks. Guidance in the application of these clauses is provided in policies such as Ski Area Management Guidelines (Parks Canada 2006) and Marmot Basin Ski Area Site Guidelines for Development and Use (Parks Canada 2008a). Thirty regulations are enabled by the Canada National Parks Act. Those of particular relevance to the operations at Marmot Basin are: National Parks Building Regulations which requires Marmot Basin to obtain a building permit from Parks Canada to construct buildings, and outlines a number of requirements for buildings; National Parks General Regulations which prohibits damage to natural features without a permit, requires that a water permit be obtained to use water in a national park, prohibits dumping without a permit, requires wastewater treatment, and requires that anyone using explosives obtain a permit; National Parks of Canada Fire Protection Regulations prohibits fires without a permit, and requires that a person must obtain a permit for fuel storage; and National Parks of Canada Lease and Licence of Occupation Regulations provides the Superintendent with the authority to issue the lease under which the ski area operates. 2.1.2 Canadian Environmental Assessment Act The Canadian Environmental Assessment Act (CEAA) (Government of Canada 2012a) was established to ensure that environmental factors were considered by federal government departments when making decisions. Section 67 of CEAA 2012 states, An authority must not carry out a project. in whole or in part, on federal lands unless the authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects. The content of an assessment, the process for public/aboriginal involvement and decision making are under Parks Canada s responsibility. Report No. 11-1332-0003 6
Parks Canada developed the Parks Canada Interim Directive on Implementation of CEAA 2012 (Parks Canada 2012a) and a Guide to the Parks Canada EIS Process under CEAA 2012 (Parks Canada 2012c). Both documents stipulate that a Detailed Impact Analysis (DIA) is to be applied to plans or projects for new development, expansion or substantive changes in use associated with ski areas. Specific direction about the conduct of the DIA for Marmot Basin s Long Range Plan is provided in Terms of Reference for the Marmot Basin Ski Area Long Range Plan Detailed Impact Analysis January 2013 (Parks Canada Agency 2013). 2.1.3 Species At Risk Act The Species at Risk Act (SARA) (Government of Canada 2002) was established to prevent wildlife species from becoming extinct, to enable the recovery of threatened and endangered species, and to facilitate management of other species to prevent them from becoming threatened or endangered. Schedule 1 of the SARA lists wildlife species that are At Risk in Canada. Parks Canada has a number of responsibilities under SARA, including the protection of the critical habitat of any listed endangered or threatened species that occurs within the national park. Considering impacts of project proposals on Species at Risk listed in Schedule 1 of SARA, its critical habitat or the residences of individuals of that species is a requirement of DIAs. 2.1.4 Migratory Birds Convention Act, 1994 The Migratory Birds Convention Act, 1994 (Government of Canada 1994) is intended to protect and conserve migratory birds by protecting both populations and individual birds, as well as their nests. This primary importance of this act in the context of projects proposed in the LRP is protection of migratory bird nests during nesting season, which affects the timing of activities such as tree clearing. 2.1.5 Fisheries Act, 1985 The Fisheries Act (Government of Canada 2012b) is intended to manage and protect Canada's fisheries resources. Although there is no fish habitat within Marmot Basin, water withdrawal has the potential to affect fish habitat beyond the ski area and so the act has application within the context of projects proposed in the LRP. 2.2 Policies and Guidelines A number of policies and guidelines have been developed by Parks Canada to provide direction and guidance in how ski areas are to be developed and managed within national parks. Table 1 provides a summary of the key elements of these documents in the context of the Marmot Basin LRP. Report No. 11-1332-0003 7
Table 1: Key Policy Direction for the Marmot Basin Long Range Plan Policy or Guideline Specific Relevance to Detailed Impact Analysis of Long Range Plan Jasper National Park of identifies the requirement for a long-range plan Canada Management requires the implementation of Parks Canada s Ski Area Management Guidelines (b) Plan (a) requires implementation of Marmot Basin Ski Area Site Guidelines for Development and Ski Area Management Guidelines (b) Marmot Basin Site Guidelines (c) Strategic Environmental Assessment of Site Guidelines (d) Use (c) requires that ski areas prepare long range plans for approval by the Minister responsible for Parks Canada allows new development within the existing Developed Area, providing that ecological integrity can be maintained. requires that ski areas provide visitors with a unique, memorable park experience which promotes public appreciation and understanding of the park s heritage values requires that ski areas be leaders in environmental management stewardship and best practices requires that site guidelines be prepared identifies ecological management parameters to be applied to proposals Iists requirements for a run improvement and vegetation management strategy lists requirements for a water management strategy allows for facilities to be developed within the existing Developed Area to provide quality services for up to 6,500 skiers per day, providing that ecological integrity is maintained subject to conditions, permits a policy exception to allow the construction of a mid-mountain water reservoir provides a cumulative effects assessment of the Marmot Basin Site Guidelines, which concludes that if expected outcomes for ecological integrity, visitor experience and regional infrastructure capacity were realized, the implementation of a LRP consistent with the Site Guidelines would not result in effects that would compromise ecological integrity and other fundamental Parks Canada policy objectives. identifies Valued Components (VCs) that provide the focus for the DIA identifies initiatives and mitigations to be incorporated into the LRP and project implementation provides direction about mitigations that are to be applied in planning, design, development Best Management and construction activities Practices Manual (e) BMPs list mitigations to be incorporated into the planning, design, development and construction activities conducted at the ski area Marmot Basin Ski Area Long Range Plan (2014) projects proposed in the LRP are the subject of this DIA Lease Agreement projects proposed in the LRP, if approved by the Minister, will be undertaken within the conditions imposed by the Lease Agreement BMP: Best Management Practice; DIA: Detailed Impact Analysis; LRP: Long Range Plan; VC: Valued Component Sources: (a) Parks Canada 2010. (b) Parks Canada 2006. (c) Parks Canada 2008a. (d) Parks Canada 2008b. (e) Parks Canada 2008c. Report No. 11-1332-0003 8
2.2.1 Jasper National Park of Canada Management Plan The Jasper National Park of Canada Management Plan addresses limits to growth and development in Jasper National Park, recognizing that the park has a finite capacity to support human use and enjoyment without impairing ecological integrity and wilderness values (Parks Canada 2010). Criteria for management include achieving no net increase in landscape disturbance or wildlife displacement. Marmot Basin is within an area zoned for Outdoor Recreation (Zone IV). This zone covers less than 1% of the Park and accommodates a broad range of opportunities for understanding, appreciation, and enjoyment of the park s heritage. The management plan recognizes the importance of Marmot Basin as a cornerstone of winter tourism and as a staging area from which visitors experience and learn about the Park. The plan also states that Marmot Basin will conduct long-range planning and will implement the Marmot Basin Ski Area Site Guidelines for Development and Use (Parks Canada 2008a) and Parks Canada s Ski Area Management Guidelines (Parks Canada 2006) to maintain Marmot Basin s contribution to ecological integrity. 2.2.2 Ski Area Management Guidelines The Ski Area Management Guidelines (Parks Canada 2006) provide the basis for ski area planning for the four ski areas in the Rocky Mountain national parks -- Lake Louise Mountain Resort, Sunshine Village Resort, Banff Mount Norquay and the Marmot Basin Ski Area. The guidelines outline the basis for ski area plans which will maintain the ecological integrity of the parks while providing a clear, consistent approach that will allow ski areas to operate in a competitive business environment. It indicates that ski areas must develop long range plans for approval by the Minister responsible for the Parks Canada Agency, and that ski area site guidelines will be approved by the CEO of Parks Canada. Direction is provided for the long range plans, including: Inside the existing Developed Area, new development can be considered where potential ecological impacts can be mitigated. This new development can include, for example, improvements to services and facilities such as additional infill ski runs, glading, run widening, changes to lifts, larger and relocated day lodges, new warming huts, and parking. Modification of physical terrain and forest cover will be carefully managed to maintain ecological integrity and aesthetic values. No significant terrain modification will be permitted. The Long-Range Plan is to include a run improvement and vegetation management strategy, and an environmental management system and monitoring system. Parking lot reconfiguration and expansion within the existing Developed Area can be considered within terrain and ecological limitations. Mass transit will be the primary means to address parking issues. Expansion, modification or introduction of snowmaking can be considered. Water withdrawal limits and protocols will be established to maintain minimum stream flows and a healthy aquatic environment. Ongoing monitoring will be required. Snowmaking operations are to be addressed as part of the Best Management Practices (BMPs) component of the Long-Range Plan. Exceptions to these Guidelines for facilities, parking, terrain modification limitations and adjustments to the perimeter of the Developed Area can be considered if there are Substantial Environmental Gains. Outside Report No. 11-1332-0003 9
the existing Developed Area, new development can be considered if there is a Substantial Environmental Gain within or adjacent to the leasehold. Ski areas will contribute to a unique, memorable national park experience, and will promote public appreciation and understanding of the heritage values of the park and world heritage site and local conservation initiatives. Site Guidelines specific to each ski area are to be prepared. 2.2.3 Marmot Basin Site Guidelines The Marmot Basin Site Guidelines for Development and Use (Parks Canada 2008a) establish permanent limits to growth and outline types of projects and uses that Parks Canada will consider in the Long Range Plan for Marmot Basin. The site guidelines establish management parameters to maintain and protect park wildlife, flora, terrain and water resources. The site guidelines are intended to guide change and to ensure that Parks Canada s mandate is achieved. Permanent growth limits are established in the guidelines: assuming that the potential growth does not compromise the ecological health of the park, the design capacity of the ski area can be 6,500 skiers per day, accommodated by ski area resort components such as lifts, ski terrain, day lodges, parking and other services provided to support a quality skiing experience. This DIA focusses on the effects of the components proposed in the LRP on the ecological management parameters outlined in the Marmot Basin Site Guidelines. 2.2.4 Strategic Environmental Assessment of the Site Guidelines Parks Canada conducted a Strategic Environmental Assessment (SEA) of the Marmot Basin Site Guidelines (Parks Canada 2008b), consistent with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals (Canadian Environmental Assessment Agency 2004). The assessment considered the ecological implications of the developments included in the Site Guidelines with relation to the Canada National Parks Act. Mitigations in the SEA take the form of ecological management parameters, aimed at achieving expected outcomes associated with key issues. The purpose of the SEA was to inform decision-makers of the potential consequences of implementing the Site Guidelines. It examined the potential effects of implementing the Site Guidelines on the ecological, cultural and visitor experience environments of Jasper National Park, and identified and assessed the potential cumulative environmental effects at regional and local scales. The SEA concluded that if ecological, visitor experience and regional infrastructure capacity expected outcomes were realized, the implementation of a LRP consistent with the Site Guidelines would not result in effects that would compromise ecological integrity and other fundamental Parks Canada policy objectives. Report No. 11-1332-0003 10
2.2.5 Long Range Plan The Ski Area Management Guidelines (Parks Canada Agency 2006) outline the process for the preparation and approval of the ski area long range plans: Ski Area Vision Statement; Ski Area Site Guidelines; and Ski Area Long-Range Plan. The Marmot Basin Vision Statement was completed in November 2005, and the Marmot Basin Site Guidelines received Parks Canada approval in February 2008. Ski Marmot Basin has prepared the first of two LRPs, as part of a phased LRP approach, in accordance with the Ski Area Management Guidelines. It is this LRP which is the subject of this Detailed Impact Analysis (DIA). Ski Marmot Basin believes the LRP submission is consistent with the provisions of the Site Guidelines (Parks Canada 2008a) and associated Strategic Environmental Assessment (Parks Canada Agency 2008b). 2.2.6 Lease Agreement Marmot Basin is operated under two 42-year lease agreements between the Government of Canada and Rocky Mountain Skiing Inc. The first lease provides Ski Marmot Basin, the lessee, with the legal authority to use the land within the legislated lease boundaries for the purpose of operating a day-use alpine ski area, including the construction of lifts and lodges, the clearing of ski trails and the provision of facilities and services. The second lease was established to accommodate the wastewater treatment facilities that were constructed in 1987. Both leases expire on July 31, 2021. Ski Marmot Basin has proposed, and Parks Canada has accepted, a 17% reduction in the size of the main leasehold. This reduction, to occur in lower Whistler Creek and the surrounding up-slopes, is proposed in recognition of the area s importance for woodland caribou, mountain goats and other valued and sensitive species. Ski Marmot Basin has requested that a new lease, be negotiated as part of the long range planning process. Parks Canada has agreed in principle to grant a new lease with those conditions upon Ministerial approval of the first LRP. The new lease will reflect the voluntary leasehold reductions subject to requisite legislative amendments. In addition, mutual intentions will be addressed regarding two new licences of occupation provided for in the Site Guidelines (Marmot Basin 2008) and identified in the Long Range Plan upon approval. 2.2.7 Best Management Practices Manual The Best Management Practices (BMPs) for Development at Ski Areas in Banff and Jasper National Parks of Canada (Parks Canada Agency 2008c) was developed collaboratively by the four mountain park ski areas and Parks Canada Agency. The BMPs are intended to address environmental approaches and mitigations for routine projects for which environmental effects are well known. Report No. 11-1332-0003 11
The following Marmot Basin-specific BMPs, as identified in the Site Guidelines (Marmot Basin 2008a), have been developed by Ski Marmot Basin in consultation with Parks Canada representatives and have been included in the LRP and Supplemental Volume: racecourse management; reglading and tree removal; protocols for summer construction and maintenance activities to minimize effects on grizzly bears; and matters related to viewscapes, noise and lighting. 3.0 SCOPE OF PROJECT The LRP proposes the following projects: expanded snowmaking in the mid-mountain and upper areas; enhanced parking and transportation access; upgrade of the Caribou Chalet infrastructure; and reglading on the slopes west of the mid-mountain chalets. These four projects and associated activities comprise the scope of project for the DIA. In this section, each of these four projects is described, including the existing situation, the purpose and need for the project, and a description of the project itself. A short mention of alternatives is provided, which summarizes the alternatives discussion provided in the LRP. Construction methods are described, including general construction practices that will apply to all of the projects, followed by more detail about each individual project and the project scheduling as currently envisioned. Operations and maintenance activity associated with each project is described. This section concludes with discussions about accidents and malfunctions, and a description of how the project is expected to be affected by the environment. This section of the draft DIA has been prepared based on information provided by representatives of Ski Marmot Basin and its consultants (e.g., Nichols Environmental [Canada] Ltd.). Project details are preliminary and will require confirmation by Ski Marmot Basin when further project design information becomes available. 3.1 Expanded Snowmaking 3.1.1 Existing Situation Marmot Basin relies primarily on natural snowfall to provide a base snowpack for skiing. This is supplemented by additional snow in some limited areas provided by an interim snowmaking system that was installed in 2006. Marmot Basin also builds a snow base of up to 30 cm on runs where snow naturally accumulates less quickly, and where there is heavy skier and rider traffic. Snowmaking currently occurs along portions of nine lower mountain ski runs between the Caribou Chalet and the top of the Eagle Express Quad Chair. The water for this system is supplied by water stored in Cell 1 and Cell 2, located on a small natural terrace situated below the ski area in the wastewater treatment area. It is estimated that the existing snowmaking system uses about 41,600 m 3 to 56,800 m 3 per year (11 to 15 million US gallons). Snowmaking begins, typically, after October 15 and prior Report No. 11-1332-0003 12