Ministry of Environment
Environmental Assessment and Stewardship Branch
th
4 floor, 3211 Albert Street
Regina, Saskatchewan S4S 5W6
Phone: (306) 787-6132
Fax: (306) 787-0930

September 8, 2017

EASB File #: 2017-014

Mr. Kerry Holderness, Chair
Quill Lakes Watershed Association No. 14
(holdernesskerry@gmail.com)
Dear Mr. Holderness:
Re: QLWA - Common Ground Drainage Diversion Project
The Environmental Assessment and Stewardship Branch (EASB), Saskatchewan Ministry of
Environment (the ministry) has received your proposal seeking a Ministerial Determination for
the Common Ground Project (the Project). The EASB is of the understanding the Quill Lakes
Watershed Association (QLWA) is proposing to construct a drainage diversion channel to
redirect surface water from Kutawagan Lake and Pel Lake towards Last Mountain Lake. The
total channel length as proposed would be approximately 25 km and constructed with a bottom
width of 1 m and 3:1 side slopes. QLWA, the proponent, estimates the channel would divert
approximately 7,000,000 m3 of surface water towards Lake Mountain Lake and lower the lakes
by 0.6 metres.
A review of the proposal included the following information, collectively termed the
“Application”:
•
•
•
•
•
•
•
•
…2

Quill Lakes Flood Mitigation Assessment – January 2015;
Kutawagan Diversion Project Environmental Assessment – September 2015
Common Ground Drainage Diversion Design Report May 2017 – submitted on June 29,
2017;
Common Ground Drainage Operational Plan submitted on June 29, 2017;
A document entitled Wildlife Considerations for the Quill Lake Flood Mitigation
submitted on July 12, 2017;
Project discussions held between QLWA and the Government of Saskatchewan Working
Group at meetings held in the Rural Municipality of Mount Hope Council Chambers
(April – July 2017);
A record of engagement activities and letters of support for the project provided by
QLWA; and,
Water quality monitoring data collected in 2017.

 Kerry Holderness
Page 2
September 8, 2017

Based on the information presented in the Application, it is our determination that the project
does not meet the criteria of section 2(d) of The Environmental Assessment Act (the Act) and,
therefore, is not a “development” that is required to undergo an Environmental Impact
Assessment (EIA). This determination is provided under the authority of section 7.3 of the Act
and grants the proponent authorization to proceed with the subsequent regulatory approvals
for this project.
The project is deemed not to be a development as per the attached Reasons for Determination.
In addition to advising of our determination, this letter also includes the following terms and
conditions.
The decision to not require an EIA pursuant to the Act is contingent on compliance with the
following terms and conditions:
1.

The project must be undertaken and environmental protection measures implemented in
the manner described in the Application, except where alterations are required for
compliance with other regulatory requirements.

2.

The project must be undertaken to ensure any water quality and quantity limits and
requirements for timing of releases, as may be identified when the Drainage Approval is
issued by Water Security Agency, are adhered to and significant downstream impacts are
avoided.

3.

EASB must be advised if you plan to alter the project significantly from that described in
the Application.

4.

EASB must be advised if work is not commenced within two years of the date of this
letter. The Application’s environmental acceptability would be re-examined in light of the
circumstances of the day.

5.

Channel excavation activities must only occur between November 1st and April 1st outside
of restricted activity periods to avoid impacts to sensitive wildlife species potentially
utilizing the project area.

6.

QLWA must ensure measures are implemented to avoid or minimize new disturbance or
impacts to sensitive habitat such as native grassland.

7.

Areas disturbed by project activities must be reclaimed following disturbance and
vegetated using an appropriate seed mix. Please note that all native grassland areas
disturbed by project activities are to be reclaimed using native species appropriate to the
site.

8.

QLWA must install appropriate erosion and sediment control measures as outlined in
Erosion and Sediment Control Best Management Practices (e.g. MHI ESC BMP Manual).

…3

 Kerry Holderness
Page 3
September 8, 2017

9. Within 6 months of the completion of construction activities, QLWA will submit a report to
the ministry prepared by a qualified environmental monitor summarizing construction of
the diversion project, results of monitoring activities and documenting implementation of
measures described above.
10. The QLWA will continue engagement activities with interested parties to communicate
project status, outcomes of construction activities and results from the ongoing
monitoring and operation of the drainage project. A summary of this engagement will be
included in the report required by condition 9 of this Determination.
11. You must comply with all other federal, provincial and municipal regulatory requirements
including those from the ministry.
12. You must comply with all reasonable follow up Ministerial requests to monitor compliance
with these conditions.
Please also be advised that:
1. This letter is NOT an approval to proceed with construction activities, it is simply provided
to inform you that you may proceed to obtain other permits and approvals that may be
required. Additional approvals from the ministry and other agencies may be required.
2. As noted above, the ministry has made a determination that the proposed undertaking is
not a development. The purpose of providing a determination is to provide some certainty
that the ministry will not initiate any action to require an EIA pursuant to the Act.
3. The province recognizes its constitutional obligation to consult with potentially affected
First Nations and Métis communities when making decisions that may adversely impact
the exercise of Treaty and Aboriginal rights. If the project may have an impact on Treaty or
Aboriginal rights, decisions by other government agencies during permitting may trigger
the Crown’s duty to consult.
Should you have any questions regarding the content of this letter, please feel free to contact
Sharla Hordenchuk, Director – Environmental Assessment and Stewardship Branch at
(306) 787-1023.
Sincerely,
Original signed by Assistant Deputy Minister
Wes Kotyk
Assistant Deputy Minister
Acting for and on behalf of the Minister of Environment
Phone: (306) 787-5419
…4

 Kerry Holderness
Page 4
September 8, 2017

Enclosure: Reasons for Determination
cc:

Ian McNichol, Vice Chair, Quill Lakes Watershed Association (imcnichol0815@gmail.com)
Government Officials Working Group Members/Alternates:
Sharla Hordenchuk, Ministry of Environment
Brady Pollock, Ministry of Environment
Clinton Molde, Water Security Agency
Dwayne Rowlett, Water Security Agency
Keith Comstock, Ministry of Government Relations
Jared Dunitz, Ministry of Government Relations
Kareen Holtby, Ministry of Agriculture
Ron Eley, Ministry of Agriculture
Ron Gerbrandt, Ministry of Highways and Infrastructure
Rod Bushman, Ministry of Highways and Infrastructure

 Reasons for Determination
Date: September 8, 2017
File: 2017-014
Project Title: Common Ground Drainage Diversion Project
Proponent: Quill Lakes Watershed Association (QLWA)
Proposal: The QLWA is proposing to construct a drainage diversion channel to redirect surface
water from Kutawagan Lake and Pel Lake towards Last Mountain Lake. The total channel
length as proposed would be approximately 25 km and constructed with a bottom width of 1 m
and 3:1 side slopes. The proponent estimates the channel would divert approximately
7,000,000 m3 of surface water towards Lake Mountain Lake and lower the lakes by 0.6 metres.
The information provided in the review of the documents has led to the determination that the
described project does not trigger criteria of section 2(d) of The Environmental Assessment Act
(the Act) and therefore is not considered a “development” that is required to undergo an
Environmental Impact Assessment (EIA).
The above determination is based on an evaluation of the project against the criteria of
section 2(d) of the Act as described below:
a) have an affect [sic] on any unique, rare or endangered feature of the environment;
•

•

•

Previous baseline assessments conducted in the project area provided information
regarding the potential occurrence of rare species in the project area. This information
was obtained through desktop surveys of historical occurrences of rare or sensitive
species and through field observation and surveys in July and August of 2015. Wildlife
surveys were not conducted using accepted protocols or during appropriate timeframes
and utilized primarily incidental observations. Additional site inspections were
conducted from July 4 to 7, 2017 and did not detect any sensitive species.
Historical information and previous baseline assessment identified multiple sensitive
species identified in the Saskatchewan Activity Restriction Guidelines for Sensitive
Species and/or species listed under the Species at Risk Act or the Committee on the
Status of Endangered Wildlife in Canada.
Based on the potential for the presence of sensitive and/or listed species and due to the
importance of the area for the staging of large numbers of migratory waterfowl and
shorebirds during spring and fall migration, as a condition of this Ministerial
Determination construction of the project will only occur between November 1st and
April 1st. This will minimize the potential interaction of project construction activities
with sensitive species and help to avoid or minimize impacts of the project.

This criterion is not met

 b) substantially utilize any provincial resource and in so doing pre-empt the use, or potential
use, of that resource for any other purpose;
•

The project does not involve the significant use of a provincial resource.

This criterion is not met.
c) cause the emission of any pollutants or create by-products, residual or waste products
which require handling and disposal in a manner that is not regulated by any other Act or
regulation;
• The project will not create by-products, residuals or waste products requiring handling
and disposal not regulated by another Act or regulation.
This criterion is not met.
d) cause widespread public concern because of potential environmental changes;
• QLWA conducted extensive engagement activities with various stakeholders in areas
surrounding the Quill Lakes and downstream areas and presented details of the
Common Ground Drainage Proposal. Based on details of engagement activities
provided, there appears to be general support by stakeholders for a project that
provides a controlled diversion of water which includes a mechanism to monitor and
manage water quality discharged to downstream areas. This option appears to be
preferred to an uncontrolled spill of water from the Quill Lakes towards Last Mountain
Lake where water quality and downstream impacts could not be managed.
• The ministry has been provided letters of support for the Common Ground Drainage
project from multiple rural municipalities and communities in the area surrounding the
Quill Lakes and areas potentially impacted by the project, including: the rural
municipalities of Elfros, Emerald, Ituna Bon Accord, Lakeview, Ponass Lake, Prairie Rose,
St. Peter, Usborne, and Wreford; and, the towns of Wynyard and Watson.
• Based on the public attention associated with the Quill Lakes area and the current high
water levels, there is existing widespread concern associated with the status quo. The
potential environmental change resulting from the Common Ground proposal is not
expected to cause widespread public concern due to the anticipated improvements
resulting from the project.
This criterion is not met.

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 e) involve a new technology that is concerned with resource utilization and that may induce
significant environmental change;
• Standard construction techniques would be used to complete the project and no new
technology is proposed.
This criterion is not met.
f) have a significant impact on the environment or necessitate a further development
which is likely to have a significant impact on the environment.
• Winter construction will minimize potential impacts to sensitive wildlife species and
areas utilized by these species such as the Kutawagan Lake Important Bird Areas.
Additional mitigations developed as a part of the Environmental Protection Plan
required as a condition of this determination will further function to avoid and/or
minimize impacts of the project.
• Based on the limited volumes of water proposed for diversion and the operational
measures that will be required to monitoring and manage water quantity and quality
being discharged, significant environmental impacts to the project area or downstream
areas are not expected to result.
• Additional drainage applications have been submitted to the Water Security Agency
from local landowners. These applications cannot be processed until an adequate outlet
has been identified in the Quill Lakes basin.
This criterion is not met.
Conclusion: Based on the above considerations, the ministry’s review of the proposal concludes
that the project is not a “development” that is required to undergo an EIA and require a
Ministerial Approval as identified in Section 8 of the Act.

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