Enhanced Approval Process (EAP) Manual

Transcription

1 Enhanced Approval Process (EAP) Manual

2 Revision History Version Date September 1, 2010 Description First release of the manual without the appendices. October 27, 2010 Added appendices. Included more information in table of contents contains for quick referencing. List of related documents added. First Nations Consultation information updated. Enhanced explanation of Standard and non-standard. TFA detail added. May 30, 2011 Updated form names in List of Forms section. Added revision history table. Added Standard Operating Procedures and links to the documents. Changed names of IS&G documents to exclude reference to upstream oil and gas. Section 1 o Added Section 1.1 Introduction. o Added table to clarify scope of the EAP in Section 1.3. o Added Section 1.6 Using This Manual. Section 2 Revised for clarity. o Added reference to the Applicant Appeal Standard Operating Procedure (SOP). Section 3 Revised for clarity. Section 4 o o o o Revised Section 4 to provide clarity and additional information on the LAT and LAT reports. Updated Figure 5 to show that LAT reports include all applicable provincial and sensitivity section approval standards and operating conditions, and The disposition document goes up to schedule E only. Section 5 Revised for clarity. Section 6 Revised for clarity. o Section 7 o o o o Added Section 6.1 Associated Dispositions, outlining the applicant s responsibility to manage disposition applications. Included additional information around application preparation. Added Section 7.1 Data Integrity, identifying why clients can not apply for sites with access under a combined disposition. Added Section 7.2 Plan Information. Included additional information in Section 7.3 around planning for temporary incidental activities. Section 8 Revised for clarity. o o Described the non-standard application processing process. Added reference to the Field Referral of Interim Submission SOP ii

3 Version Date Description Section 9 Revised for clarity. o Review of Interim Submissions SOP; Field Referral for Interim Submissions SOP. Section 10 Revised for clarity. o Added reference to the Applicant Appeal SOP. Section 11 Updated references to the Temporary Field Authorization Guideline Section 12 Revised to reflect site entry notification requirements. Section 13 o o Added to provide details on disposition cancellations and expiries. Referenced the Disposition Cancellation and Expiries SOP. Section 14 Revised for clarity. Section 15 Revised for clarity. o Added references to technical and administration processing SOPs. Section 16 Added information about making changes to long term dispositions. Section 17 Updated Section 18 Added details for PCS, LAT, and EDS. Section 19 Updated the continuous improvement process. o Updated the Glossary. o Update appendices. Specific process flow charts have been incorporated into Standard Operating Procedures. June 20, 2011 Section 7 o Clarified section 7.3 to outline the requirements for incidental activities identified on an application plan that may be approved under a Short Term Disposition Section 14 o Provided more detailed information in section 14.2 around final submission requirements including the attachment of new LAT Reports and Application Supplements Dec 1, 2012 Major revisions throughout document. Consolidation and integration of policy changes since June 2011, including simplified process map. Section Updated to reflect the change in process for the clearance of reservations/notation Section 4.0 Referenced requirement to contact reservation holder Glossary updated iii

4 Enhanced Approval Process Manual Table of Contents Revision History Table of Contents List of Forms List of Documents ii iv vi vii 1.0 Introduction and Context Introduction Scope of the EAP Impacts of the EAP Integrated Land Management and How It Relates to the EAP Using this Manual 3 Figure 1: EAP Flowchart The Enhanced Approval Process Overview The Planning Function The Approval Function EAP Disposition Monitoring External Processes External Industry Drivers First Nations Consultation Procedures Surface Rights Holder Consent Process 7 Figure 2: Disposition Overlap and Requirement for Amendment Landscape Analysis Tool LAT Layers LAT Access Using the LAT for Pre-Planning Submitting the LAT Report LAT User Guide Integrated Standards and Guidelines Pre-application Requirements Section Provincial Features Section Sensitivity Features Section Desired Outcomes Approval Standards Operating Conditions Best Management Guidelines Standard/Non-standard Decision Associated Dispositions Application Submission Preparation Data Integrity Plan Information 14 iv

5 Enhanced Approval Process Manual 7.3 Planning for Temporary Incidental Activities Application Submission Standard Application Submission Non-standard Application Submission Application Form Submission Electronic Validation Application Submission Processing Technical Review Administrative Review Field Referral and Review Applicant Appeal Formal Dispositions Issued for New EAP Activities Changes to a Formal Disposition Notification of Site Entry Disposition Cancellations and Expiries Final Submission Final Plan Requirements Final Plan Electronic Validation Final Submission Processing Technical and Administrative Reviews Formal Disposition with Extended Term Changes to a Formal Disposition with an Extended Term Cancellation The Compliance Assurance Program Compliance Assistance Compliance Incentives Compliance Monitoring Enforcement System Access Information for the EAP Plan Confirmation Service (PCS) Landscape Analysis Tool (LAT) Electronic Disposition System (EDS) Continuous Improvement EAP Contacts 30 Appendix 1: Glossary of Terms 31 v

6 List of Forms Enhanced Approval Process Manual The forms referenced in this manual are available on the ESRD website. To access the forms, search Forms Title at srd.alberta.ca: Alberta Land Surveyors Statutory Declaration GPS Location Plan Statutory Declaration Application Supplement Access Application Supplement Pipeline Application Supplement Sites and Installations Non-Standard Mitigation Supplement Consent of Occupant - Form B for Mineral Surface Leases Consent of Occupant - Form C for Pipeline Agreements vi

7 List of Documents Enhanced Approval Process Manual To access the First Nations consultation related documents referenced in this manual, search one of the following document titles at aboriginal.alberta.ca. Alberta s First Nations Consultation Guidelines on Land Management and Resource Development. The Government of Alberta s First Nations Consultation Policy on Land Management and Resource Development To access the EAP documents referenced in this manual, search one of the following document titles at srd.alberta.ca. Access to Industry Online Services Administrative Review of EAP Formal Disposition Application Submissions Standard Operating Procedure L16.0 Application Access and Navigation User Manual Disposition Cancellations and Expiries Standard Operating Procedure L6.0 Field Referral of Non-standard Application Submissions Standard Operating Procedure L3.0 Integrated Standards and Guidelines for the Enhanced Approval Process Landscape Analysis Tool User Guide Plan Information Site Entry User Manual Technical Review of EAP Formal Disposition Application Submissions Standard Operating Procedure L7.0 Temporary Field Authorization Guidelines vii

8 1.0 Introduction and Context 1.1 Introduction Prudent development of natural resources is a complex endeavour. Public expectations for a high degree of environmental stewardship must be balanced with the competitiveness of industries that contribute directly to the quality of life Albertans enjoy. The Enhanced Approval Process (EAP) is the process used by certain clients of Environment and Sustainable Resource Development (ESRD) to make surface land use applications to ESRD. The EAP incorporates processes, procedures, policies, and information technology (IT) systems and tools to create a streamlined, efficient and effective approval process that enables and supports competitiveness and sustainable resource development. The EAP is the first step in a long-term commitment on behalf of government and industry to work together with real and shared accountability for delivering sustainable, long-term environmental outcomes. 1.2 Scope of the EAP The scope of the EAP allows Mineral Surface Lease (MSL), Licence of Occupation (LOC - access), Pipeline Agreement (PLA) and Pipeline Installation (PIL) disposition applications for oil and gas developments on public land. Disposition applications for the following oil and gas developments on public land are specifically in scope: conventional oil and gas developments un-conventional gas developments (including tight gas, shale gas, and liquids rich gas, coal bed methane), in situ cold flow (defined as primary production wells that produce crude bitumen that will flow to a well without thermal energy) All disposition types and developments not specifically identified above are excluded and out of scope of EAP, including: thermal in situ oil sands operations, oil sands mines, coal mines, un-conventional oil developments (e.g., shale), regulated pipelines, and all non-oil and gas developments such as but not limited to forestry roads, sand and gravel operations, seismic exploration programs, and easements. Out of scope activity types must continue to use other approval/application processes in place for the activity (e.g., Environmental Field Report; Geophysical Field Report). Lands under the jurisdiction of other agencies and ministries are not a part of the Landscape Analysis Tool (LAT) because the EAP framework cannot guarantee all jurisdictional and stakeholder requirements will be followed. As such, a LAT report cannot be generated for the following land types: Canadian Forces bases (with exceptions, see below) Ecological Reserves Heritage Rangelands Metis Settlements National Parks Natural Areas Private lands Provincial Parks Provincial Recreation Areas Special Areas Treaty First Nations Lands Wilderness Areas Wildland Provincial Parks Willmore Wilderness Park ESRD does not administer or approve land use in Wildland Parks, Wilmore Wilderness Area, Provincial Parks, Provincial Recreation Areas, Special Areas, National Parks, Treaty First Nations Lands, Metis Settlements or Canadian Forces bases (see exceptions below) because they are under the jurisdiction of other agencies or Ministries. Neither EAP or EFR applications for activity on these land types will be accepted by ESRD. Page 1 of 35

9 ESRD does administer land use on the Cold Lake and Wainwright Air Weapons Range; however activities on these lands will not generate a LAT Report. To ensure that land use requirements agreed to with the Department of National Defence (Canada) are adhered to, the EFR process must be used. Until such time the EAP has been revised to address this risk, all activities on the Canadian Forces bases, including Cold Lake and Wainwright Air Weapons Ranges, is excluded from the EAP and the LAT. ESRD does administer land use on Natural Areas, Wilderness Areas, Ecological Reserves and Heritage Rangeland types of parks; however activities on these lands will not generate a LAT Report. To ensure land use requirements agreed to with the Department of Tourism, Parks and Recreation are adhered to, the EFR process must be used. For these types of parks, the lands are excluded from the EAP and the LAT. The EAP indirectly addresses the requirements of other provincial legislation, such as the Water Act and Water (Ministerial) Regulations, the Alberta Environmental Protection and Enhancement Act and its regulations, and federal legislation such as the Fisheries Act and the Species at Risk Act. However, applicants are responsible for ensuring that they are in compliance with legislative and regulatory requirements of other Alberta government ministries, the federal government, and municipal acts and regulations. All licenses, authorizations and approvals issued by ESRD under the Public Lands Act, should not be taken to mean the proponent (applicant) has complied with other provincial statues, municipal or federal legislation. 1.3 Impacts of the EAP The EAP enables industry and ESRD to work from a common information base that supports improved planning and operations. ESRD s expectation for managing and mitigating risks to landscape sensitivities is available and known, allowing industry to identify and develop strategies to address site specific sensitivities, and understanding the outcomes to which they are being measured. The EAP streamlines application submissions and approvals by providing: integrated standards and guidelines, access to information required for project proposals, well defined submission requirements, clear decision points, and targeted timelines for submission processing. The processing timelines and process flows identified for the EAP (e.g., upfront consent requirements, ability to appeal a rejected application) are compliant with the Public Lands Administration Regulation (PLAR). 1.4 Integrated Land Management and How It Relates to the EAP The EAP supports Integrated Land Management (ILM) as a strategic, planned approach for use of the land and resources. The EAP incorporates key principles of ILM by ensuring that social and environmental values are considered when managing industrial footprint and by ensuring that stewardship efforts are supported. The ILM approach has been integrated into many aspects of the EAP including: Recognition of access management planning: Identification of joint access needs in an area by multiple land user groups contributes to alignment of corridors and reduction of overall footprint. Provincial approval standards and operating conditions: The approval standards and operating conditions recognize that Integrated Land Management Plans may be built with exceptions to the road access standards due to the more comprehensive nature of planning required for these plans. The established approval standards also require applicants to maximize opportunities for integration and minimize their footprint. Development of the Landscape Analysis Tool (LAT): The landscape sensitivity report from the LAT provides applicants with the information necessary to reduce the footprint and minimize the impact of activities on the landscape. For additional information on ILM, search Integrated Land Management at srd.alberta.ca. Page 2 of 35

10 1.5 Using this Manual This manual describes each component of the EAP in a linear fashion as depicted in the EAP Flowchart in Figure 1. The main functions of the process are described at a high level in Section 2. Detailed information on each function is provided in Sections 3 to 17. System access information is provided in Section 18, followed by continuous improvement opportunities (Section 19), and additional reference information (Section 20, Glossary). Each component of this document should be read in its entirety, along with referenced supporting documentation and the EAP online training module provided on the EAP website. The EAP website can be found by clicking on the EAP link at srd.alberta.ca Page 3 of 35

11 Figure 1: EAP Flowchart First Nations Consultation Process Surface Rights Holder Consent Process External Industry Drivers Yes Standard Standard Application: Accepted Landscape Analysis Tool (LAT) Integrated Standards and Guidelines (IS&G) Pre-application Requirements Approval Standards Operating Conditions Best Management Guidelines Standards Met by Proponent? No Non-standard Application Submission Invalid Electronic Validation Technical/Admin Review Standard or Non-standard: Rejected Non-standard Application: Accepted Field Referral Non-standard Mitigation Supplement Rejected Non-standard Mitigation Supplement Accepted Application Refused Application Refused Appeal Rejected Appeal Process Appeal Accepted Legend Formal Disposition (Longer Term) Accepted Technical/Admin Review Application Submission Construction/ Resource Development Notification of Site Entry Formal Disposition (4 years) External Drivers Yes Planning Function Approval Function Monitoring Function Rejected Disposition Required for long term? Separate Function Predefined Process No Process Data Input/Output Expiry/Cancellation Preparation Document Monitoring Function Decision Page 4 of 35

12 2.0 The Enhanced Approval Process Overview This section provides an overview of the EAP using the EAP Flowchart (Figure 1) as a point of reference. 2.1 The Planning Function The key features of the planning function are described below. Detailed information on these features is provided later in this document. Applicants consider external drivers to determine the level of risk involved in proceeding with a project. Applicants may discuss their proposed activities with ESRD field staff. Applicants must utilize the Landscape Analysis Tool (LAT) to plan their activities and generate a report that identifies site sensitivities and the associated approval standards and operating conditions for the proposed project. Applicants must obtain an up to date detailed Land Standing report to identify consent requirements, and land reservation and notation requirements relating to a proposed project. Applicants must contact the holder of all reservation/notations and provide a package of information on the proposed activity to ensure the proposed activity is permitted and impacts are mitigated. Applicants will document this communication in the appropriate EAP Supplement. Applicants must meet First Nations Consultation requirements where applicable and obtain consent from prior surface rights holders before making application for a short term disposition to ESRD. Applicants can access all approval standards, operating conditions, pre-application requirements and information, and best management guidelines on the ESRD website by searching Integrated Standards and Guidelines at srd.alberta.ca. Applicants may choose not to meet one or more approval standards. The applicant will decide which approval processing stream to take (e.g., standard or non-standard) based on their ability to meet approval standards as detailed in the LAT Report for the proposed project. Applicants are responsible for ensuring compliance with legislative and regulatory requirements of other Alberta government ministries, the federal government, and municipal acts and regulations. 2.2 The Approval Function The key features of the approval function are listed below. This phase begins when ESRD receives a submission for a new standard or non-standard disposition application. More detailed information on these features is provided later in this document. All submitted applications undergo electronic validation to ensure completeness. If the submitted application is valid, it proceeds through technical and administrative reviews. If the submitted application is made with technical or administrative errors, the application will be cancelled and the applicant will be notified via as soon as cancellation occurs. If deemed acceptable through the technical and administrative reviews, and a standard application was submitted, the submission will be approved and the applicant will receive a formal disposition with a short term tenure of four (4) years. If the submitted application is non-standard and is deemed acceptable through the technical and administrative reviews, the application will undergo a field referral. The field will review the mitigation strategies proposed on the Non-standard Mitigation Supplement for the non-standard submission application. A formal disposition with a short term tenure of four (4) years will be issued once the field recommends approval of the mitigation strategies. If the mitigation strategies of the submitted non-standard application are not suitable or can not be agreed upon between the applicant and ESRD, the application is rejected. Page 5 of 35

13 The applicant may choose to appeal the decision following the appeal process under the Public Land Administration Regulation. Prior to the end of the four (4) year term a final plan application submission can be made. A final plan submission that is deemed acceptable through the technical and administrative reviews and compliant with legislative requirements will be approved, and the applicant will receive a formal disposition for a longer term. 2.3 EAP Disposition Monitoring The key features of the monitoring function are listed below. This phase begins when ESRD issues a formal disposition. More detailed information regarding the entire compliance assurance program is provided later in this document. Inspections of dispositions can occur at any time once site entry notification has been submitted to ESRD. Information in support of the submitted application (e.g. regulated industry standards) may be requested during an inspection. All components of the formal disposition are subject to inspection. The disposition holder must read and understand the obligations committed to under the disposition. All non-compliance discovered through monitoring activities will be followed up and may result in the use of a range of tools available through the compliance assurance program, including enforcement action, prevention and education. Site entry and final plan submission must occur before the end of the four (4) year term of the formal disposition, or the formal disposition will be cancelled upon expiry. Page 6 of 35

14 3.0 External Processes 3.1 External Industry Drivers There are certain factors that influence industry project plans that are addressed prior to entering the EAP. Examples of external factors include sub-surface rights, market drivers, business decisions, safety and engineering standards, new technology and additional provincial and federal legislation and regulation. Once industry decides to apply for a disposition through the EAP, upfront planning is essential and required as detailed here. 3.2 First Nations Consultation Procedures First Nations Consultation must follow existing Government direction identified in Alberta s First Nations Consultation Guidelines on Land Management and Resource Development, and The Government of Alberta s First Nations Consultation Policy on Land Management and Resource Development. These documents provide direction on how to execute the consultation process as defined by case law. To access these documents, search the titles as aboriginal.alberta.ca. Completion of First Nations consultation is required prior to submitting an application. If consultation is not complete a submission can not be made through the EAP. When making application for EAP after September 7, 2012, the applicant will no longer be required to attach a document (e.g., Record of Decision; Pre-consultation Assessment Request) to the application. Rather, the applicant can enter the First Nations Consultation (FNC) number attached to that activity or case file as follows: For consultations started before September 7, 2012, the consultation number (e.g., FTH ) can be entered in the space on the EAP submission application. Validation of the number will occur through EDS, and a hands-on file review will occur to ensure that either a Pre-consultation Assessment form (indicating no consultation was required), or a Letter of Adequacy is on record. For consultations started after September 7, 2012, the applicant can apply by identifying the First Nations consultation activity number (e.g., FNC ) on the application. The EDS will perform validation that will assess whether the FNC number is valid and that there is a decision on record. If an adequacy decision is not on record, or an FNC number is invalid, the applicant will receive an error message. Information on the First Nations consultation process for public land, and the EDS application process can be found by searching First Nations consultation lands at srd.alberta.ca 3.3 Surface Rights Holder Consent Process Prior to making an application, the applicant must obtain consent from other occupants. It is the applicant s responsibility to ensure that all required consents have been managed appropriately. To determine if public land is occupied applicants can: Contact Crown Land Searches at: (780) , or Fax: (780) and request a Land Standing report for the proposed project lands, or Access Alberta Energy s Electronic Transfer System (ETS) to generate a Land Standing report. The Land Standing report will assist the applicant in determining overlap or double coverage of the proposed location with existing dispositions and rights holders. If consent is required, the consent document must be attached to the online interim submission. ESRD does not require the crossing agreements. When obtaining consent from Forest Management Agreement (FMA) holders, the applicant must use a valid LAT report number to track the consent. This LAT report number must be included in the consent documentation and must match the LAT report used in the interim submission. FMA holders need this LAT number to track dispositions in their area, plan for operations and integration where applicable. Applicants who require consent from grazing lease holders must use: Consent of Occupant - Form B for Mineral Surface Leases, and Consent of Occupant - Form C for Pipeline Agreements. Page 7 of 35

15 These forms can be found by searching Lands Forms and looking under Oil & Gas Conventional or search the form titles at srd.alberta.ca. Figure 2 can be used to determine whether double coverage is acceptable or if the existing disposition requires amendment. For assistance with the process and all possible overlap situations, call the Lands Division Reception at (780) to be forwarded accordingly. Figure 2: Disposition Overlap and Requirement for Amendment Type of Overlap Action Required Amendment Required Lease over lease (ex. MSL over MSL) Any disposition over an agricultural or timber disposition Agreement (PLA) or Licence (LOC) over existing Linear disposition crossing a linear disposition (PLA, LOC) Leases cannot overlap. If a specific area of land is needed for development, the applicant must negotiate with the existing lease holder. The lease holder must submit an amendment to delete the portion of land desired, or cancel the lease. The amendment or cancellation must be filed prior to EAP submission. If the new application is received and the amendment or cancellation is not in process, the new application will be rejected as a double coverage. Prior rights holder consent required Consent required from existing disposition holder Crossing agreement between companies needed; ESRD doesn t require a copy Yes, if the purpose of the existing and proposed activity are the same No, if the proposed disposition is for a permit, licence, agreement or easement Sometimes, contact land.consents@gov.ab.ca for further information Sometimes, contact land.consents@gov.ab.ca for further information No Page 8 of 35

16 4.0 Landscape Analysis Tool The Landscape Analysis Tool (LAT) is a web enabled geo-spatial mapping tool that illustrates base and sensitive landscape features associated with a land location considered for development. The LAT is designed to: Provide users with the ability to view and map their proposed projects, and general LAT reports on their projects. Identify landscape sensitivities and base features associated with the proposed project. Link approval standards and operating conditions to base and sensitive landscape features. Assist the applicant in making the decision to submit a standard or non-standard application. Produce a report that can be uploaded through the EDS as part of an application. Be used as a risk management tool. Site sensitivities are identified for industry users to focus their planning and operational efforts. LAT reports only identify certain ESRD requirements. Applicants must ensure other regulatory requirements are met and that they contact the holder of all reservations and notations to ensure the proposed activity is permitted. LAT reports can not be run on lands that are out of scope of EAP as described in the scope section of this document. 4.1 LAT Layers There are approximately eighty (80) data layers in the LAT that provide information on soil, vegetation, municipal and other business boundaries, parks, road and utility corridors, topography, hydrology and wildlife. The data layers assist users in determining the appropriate placement and orientation of a proposed project. Base features in the LAT provide information on other resource users (e.g., Forest Management Agreements; municipalities) and landscape values to be addressed (e.g., vegetation, soil, water bodies). Sensitivity features are identified specifically where they exist on the landscape. These features have operational requirements that need to be implemented or addressed to meet desired outcomes related to the specific sensitivity feature. Sensitivity layers in the LAT include wildlife values (including species at risk), Grassland and Parkland Natural Regions, among other layers. Due to issues with referencing legal breaks and boundaries of water bodies and watercourses, the LAT does not specifically define these boundaries; therefore applicants should carry out site visits to address and identify appropriate setbacks. 4.2 LAT Access The LAT can be accessed electronically and confidentially through SecureXnet with a valid user identification number and password. Users with an existing SecureXnet user identification number and password have access to the LAT. To obtain the access request form and instructions on obtaining a user ID for the LAT, the Electronic Disposition System (EDS), and the Plan Confirmation Service (PCS) search Access to Industry Online Services at srd.alberta.ca. 4.3 Using the LAT for Pre-Planning Users are able to navigate through the LAT for their planning needs. The LAT provides users the ability create a proposed project shapefile or upload a proposed project shapefile to determine the sensitivities and conditions associated to a project location and/or activity. A LAT report can be generated at any time and as often as desired to support decision making relative to proposed projects. A unique LAT report number is generated with each LAT report. Generating a LAT report does not obligate the applicant to make a submission to ESRD. Once an applicant submits a request to generate a LAT report they may sign out of the system without losing the report. When the system has generated the LAT report, the applicant will receive an notification and a web link to the report, comma separated value file, and a shapefile for the proposed location and activity being considered. Page 9 of 35

17 LAT reports are maintained on the system for thirty (30) calendar days before being automatically removed by the system. LAT reports remain valid until the LAT has been updated with revised layers and/or approval standards and operating conditions. 4.4 Submitting the LAT Report All EAP application submissions must be accompanied by a valid LAT report. The EDS will validate LAT reports for correct dates and uniqueness of LAT report numbers once submitted. If a LAT report is determined to be invalid, the applicant will be notified immediately by the EDS. LAT reports are valid until the LAT has been updated with revised layers and/or approval standards and operating conditions. As part of the LAT update process ESRD will notify industry of the changes at least one month ahead of the planned update. The approval standards and operating conditions identified in the LAT report form part of the disposition document terms and conditions. Each LAT report consists of the following: 1. LAT Number an identification number for an individual project is automatically generated for each LAT report. The LAT number is associated with the project as it moves through the EAP, and is used when obtaining consent from other land users. 2. LAT Date and Time - a date and time stamp is automatically generated for each LAT report to ensure the submission is based on the LAT version used to generate the LAT report. 3. Project Name and Description - a specific project title and description created by the applicant to track the project within their organization. 4. Disposition and Purpose Type - the proposed disposition and purpose type selected by the applicant that directs the LAT system to select the appropriate approval standards and operating conditions associated with the proposed project location. 5. Note to Applicants provides direction to applicants on the standard/non-standard decision, overlapping approval standards and operating conditions, and a LAT disclaimer pertaining to the requirement for ground truthing to ensure that all approval standards and operating conditions can be maintained throughout project site operations. 6. Base/Sensitive Feature Analysis the analysis summarizes where an activity intersects a spatial layer. The results are limited to naming the layer intersected or indicating, by yes or no, if the layer was intersected. 7. Summary of Affected Sensitivities by Quarter Section - lists the project by quarter section and identifies the sensitivities at that location. This allows applicants to view the sensitivities that exist and provides an opportunity to alter or change the proposed project to avoid sensitivities. 8. Site Project Map - a spatial representation of the proposed project designed to serve as a reference for companies as they plan additional projects. The site project map does not meet plan standards for submission in EDS. 9. Approval Standards and Operating Conditions - a list of the approval standards and operating conditions that directly link to the data layers being intersected. All approval standards listed in the LAT report must be adhered to unless a non-standard application is being submitted. The operating conditions must be adhered to regardless of standard or non-standard submission stream selected. 4.5 LAT User Guide The LAT User Guide is available on the ESRD website. To access the guide, search for Landscape Analysis Tool User Guide at srd.alberta.ca. The user guide includes information on how to navigate through the LAT, generate a LAT report, and includes contact information for user assistance. Page 10 of 35

18 5.0 Integrated Standards and Guidelines The Integrated Standards and Guidelines (IS&G) provide consolidated ESRD direction regarding oil and gas industry use of public land in Alberta. The IS&G reflect the outcomes ESRD strives to achieve for provincial features and sensitivity features. Collectively, the Desired Outcomes, Approval Standards, Operating Conditions and Best Management Practices for each feature reflect ESRD s public land use footprint expectations and public land use impact mitigation expectations. To access the IS&G, search for Integrated Standards & Guidelines at srd.alberta.ca. Some sections of the IS&G are preceded by a brief Note which provides information and context that is not enforceable and is not tied to an approval standard or operating condition. Caribou Protection Plans (CPPs) are not required for application submissions related to activity types in scope of the EAP. The IS&G have integrated the requirements of CPPs into the approval standards and operating conditions. The document does not identify other provincial, federal or municipal requirements that may be associated with an activity. 5.1 Pre-application Requirements Section This section of the IS&G outlines what applicants need to know and do as part of their planning, application and post-approval work. This section identifies pre-application requirements and pertinent information that applicants need to understand prior to applying for dispositions under the EAP. The information in this section does not form part of the disposition document. This section addresses and provides additional direction on: LAT Species at Risk, Reservations and notations, Government-approved high level plans (e.g., Integrated Resource Plans, Public Land Use Zones), Road classes, Consent, First Nations consultation, Crown-owned waterbodies on private land, and Access control methods. 5.2 Provincial Features Section Provincial features are those base features that span the province (e.g., land, soil) and are within the purview of ESRD s regulatory responsibility. In each provincial section Desired Outcomes, Approval Standards, Operating Conditions and Best Management Guidelines are identified. The standards, conditions and guidelines are considered to contribute to and help meet desired outcomes. 5.3 Sensitivity Features Section Sensitivity features are those that are specific to an area of the province (e.g., caribou, grizzly bear). Like provincial features, all sensitivities are within the purview of ESRD s regulatory responsibility. Similarly, Desires Outcomes, Approval Standards, Operating Conditions and Best Management Guidelines are identified for each sensitivity feature. The standards, conditions and guidelines are considered to contribute to and help meet desired outcomes. 5.4 Desired Outcomes Desired outcomes are defined for each provincial and sensitivity feature. These outcomes describe the intent that the standards, conditions and guidelines are aiming to meet, in whole or in part. Desired outcomes are used to direct and inform land use and compliance action. The statements themselves are not enforceable. Page 11 of 35

19 5.5 Approval Standards Approval standards identify ESRD expectations on what disposition holders will be held accountable to during construction, operation and maintenance of an approved disposition. Approval standards provide siting, timing and other site related requirements. The specific and applicable provincial and sensitivity section approval standards associated with an EAP application and disposition are identified on a valid LAT report. Approval standards form the basis for applicants to decide whether to route applications through the standard or non-standard application processing stream. The EDS does not make this decision; nor do technical and administrative reviews by ESRD staff direct or validate this decision. If an applicant agrees that the proposed activity can conform to the approval standards, a standard application can be made. If an applicant chooses that the proposed activity will not conform to the standards, or is unable to conform to the standards, the Nonstandard Mitigation Supplement needs to be submitted, and a non-standard application must be made. When the applicant submits the application, the applicant is indicating their informed decision regarding the application processing stream. Approval standards form part of the disposition document through the LAT report, and are subject to the compliance assurance process and enforcement actions where appropriate. As such, applicants must understand what approval standards apply to the dispositions issued to them by ESRD. 5.6 Operating Conditions Operating conditions specify what disposition holders must comply with as a part of construction, operation and maintenance of an approved disposition. They are non-negotiable and must be adhered to for activities in the field. All applicable provincial and sensitivity section operating conditions associated with an EAP application and disposition are identified on a valid LAT report. Operating conditions form part of the disposition document through the LAT report and are subject to the compliance assurance process and enforcement actions where appropriate. As such, applicants must understand what operating conditions apply to the dispositions issued to them by ESRD. 5.7 Best Management Guidelines Best management guidelines provide information to assist with planning and identify desired practices while operating on Alberta s public land. The noted practices could be considered when identifying mitigation measures for non-standard applications. Guidelines do not form part of the disposition document, are not mandatory, are not cross-referenced in the LAT report, and are not subject to the compliance assurance process and enforcement actions. Page 12 of 35

20 6.0 Standard/Non-standard Decision Prior to submitting an application to ESRD, the proponent must generate a LAT report to identify all of the provincial and sensitivity section approval standards that are applicable to the proposed activity. The applicant must determine if the application will be submitted and processed through the standard or non-standard route. Standard submissions are EAP submission applications where the applicant agrees to meet the approval standards associated with the proposed activity and location. Non-standard submissions are EAP submission applications where the applicant does not agree to meet the approval standards associated with the proposed activity and location. Non-standard submissions require the applicant to identify alternative mitigation strategies on the Non-standard Mitigation Supplement. Non-standard submissions that are rejected can be appealed. Applicants are encouraged but not required to conduct on-site assessments and hold discussions with the ESRD field office prior to submitting an application. ESRD staff are available to discuss and give advice regarding approval standards and mitigation strategies; however it is the applicant s responsibility to determine if all applicable approval standards will be met and make the decision to apply with a standard or non-standard submission. A non-standard submission may be triggered if a new strategy or technology is available to mitigate risks to a site sensitivity but the technology is not yet provided for in the IS&G. ESRD will make efforts to include new technologies into the IS&G as part of the continuous improvement process. 6.1 Associated Dispositions When making an application through the EDS, applicants have the ability to associate certain applications (such as associating an LOC for an access road with a MSL for a well site). In some cases applicants may choose to apply for one as standard and the other as non-standard. If this occurs, each associated application will be processed through the individual processing stream as submitted. One will be processed as standard and the other as non-standard. Associated applications may be approved one before the other, or may be rejected or refused while the other is approved. It is the applicant s responsibility to manage each disposition application and approval appropriately to ensure that proper approvals are received prior to construction activities. It is also the applicant s responsibility to ensure that any required application cancellations are managed properly. Page 13 of 35

21 7.0 And Application Submission Preparation Correct preparation for online submissions to gain an ESRD disposition is vital in ensuring that applications are accepted through technical, administrative, and field reviews. It is the applicant s and their agent s responsibility to ensure that the standard/non-standard decision has been made using the proper information, and that all of the information and documentation submitted is correct, complete, and aligns with the overall application. Specifically, applicants and agents must confirm that the: Standard/non-standard decision is made based on the approval standards identified on a valid LAT report, LAT reports at a minimum include all of the lands identified on the application plan and application submission, LAT report number used in a submission matches the LAT number referenced in any FMA consent documentation, First Nations consultation for the case file related to the activity in the application submission is complete, and the land list on referenced First Nations consultation documentation matches in whole or in part the land list on the EAP application, Technical requirements of the plans are met, Company addresses are correct, and Land list information in the application and attachments match. 7.1 Data Integrity Data integrity is vital to the EAP. As such, access roads can not be applied for through an MSL or PIL application. All access roads must be applied for under a separate LOC regardless of the length of a proposed access road. This will ensure that ESRD records are accurate according to the land use activity and that dispositions issued by ESRD provide the proper rights to the disposition holder. For more information on these requirements search Disposition Plan Types Format at srd.alberta.ca 7.2 Plan Information Applicants can submit application plans in various types and formats such as sketch plan, LiDAR survey, GPS plan, or legal survey as part of an EAP application. Direction on all application plan requirements can be found by searching Plan Information at srd.alberta.ca. The plan information web page provides direction on all disposition plan requirements including: Disposition plan types and formats Disposition plan submission standards Content requirements for disposition plans Director of Surveys policy Survey manual for public lands surveys 7.3 Planning for Temporary Incidental Activities Incidental activities and temporary uses shown on an authorized plan for a new formal disposition may be approved if they comply with the Temporary Field Authorization (TFA) Guidelines as amended from time to time. This authorization is limited to: borrow pits, log decks, temporary work spaces, push outs and bank stabilization within identified sizing and proximity limits shown in the TFA Guidelines. Incidental activities and temporary uses shown on an authorized plan that comply with the TFA Guidelines shall be permitted during the four (4) year term of the formal disposition; a TFA is not required for these activities. However, any incidental activities identified on the authorized plan must be included on the EAP Application Supplements within the Incidental Activities section of each form. The form will help the applicant determine if the proposed activity falls within the parameters of the TFA Guidelines. The disposition holder must obtain a separate TFA before commencing any incidental activities or temporary uses that are not shown on the authorized plan, not included in the list of authorized activities above, and are outside of the size and proximity restrictions identified within the TFA Guidelines. To access the TFA Guidelines search Temporary Field Authorization Guidelines at srd.alberta.ca. Page 14 of 35

22 8.0 Application Submission Applicants must use the EDS to make online application submissions. A User ID number and password are required to access EDS. For information on how to request a User ID, search for Access to Industry Online Services on srd.alberta.ca. Further details regarding EDS can be found in the Application Access and Navigation User Manual. The manual can be accessed by searching Application Access and Navigation User Manual at srd.alberta.ca. During the submission process the applicant will be required to electronically endorse the validity of the application submission information, and agree to be bound by the submission and the subsequent disposition issued by ESRD. If an application submission is deemed invalid by an automated validation check in the EDS, the system will immediately notify the applicant at their work station of the invalid fields within the application. The applicant has the ability to correct invalid information and resubmit during the same session. 8.1 Standard Application Submission A standard application submission is an EAP application where the applicant agrees to meet the approval standards associated with the proposed activity location. Applicants will complete an online application in the EDS for a standard submission and must include the following in the submission package: 1. Valid LAT report (attached in the form that it was received from ESRD) 2. Application Supplement form (attached as an un-scanned.pdf file) 1 of 3 supplements attached based on the activity being applied for 3. First Nations Consultation case file number (as of September 7, 2012, no attachment is required) 4. Required consents, reflecting the same LAT report number (attached as a.pdf or.doc file) 5. Code of Practice Notification(s) (attached as a.pdf or.doc file) 6. Application Plan Package (See Section 7.2 Plan Information of this document) Upon successful submission of an application, a copy of the completed application form will be ed to the applicant, and a disposition number will be assigned. Following the submission a technical review and an administrative review is completed by ESRD. The target timeline for the technical and administrative reviews of standard application submissions and the issuance of a formal disposition is five (5) business days. 8.2 Non-standard Application Submission A non-standard application submissions is an EAP submission where the applicant does not agree to, or is unable to, meet the approval standards associated with the proposed activity and location. Non-standard submissions require the applicant to identify alternative mitigation strategies on the Non-standard Mitigation Supplement. Applicants will complete an online application in EDS for a non-standard application submission and must include the following in the submission package: 1. Valid LAT report (attached in the form that it was received as from ESRD) 2. Application Supplement form (attached as an un-scanned.pdf file) 1 of 3 supplements attached based on the activity applied for 3. First Nations Consultation case file number (as of September 7, 2012, no attachment is required) 4. Required consents, reflecting the same LAT report number (attached as a.pdf or.doc file) 5. Code of Practice Notification(s) (attached as a.pdf or.doc file) 6. Application Plan Package (See Section 7.2 Plan Information of this document) 7. Non-standard Mitigation Supplement (attached as an un-scanned.pdf file) A Non-standard Mitigation Supplement is required for all non-standard submission packages. The Nonstandard Mitigation Supplement identifies the approval standard numbers that will not be met by the applicant. The Supplement also outlines the applicant s proposed alternate mitigation strategy for the approval standards that are not being met. The proposed mitigation strategy should mitigate the risks posed to landscape sensitivities and support the desired outcomes for the approval standard under consideration. Page 15 of 35