Request for Proposal For Third party review of the Alton Natural Gas LP Brine Storage and Discharge Facility Kwilmu’kw Maw-klusuaqn Negotiation Office Closing on: April 17, 2015 (4:00pm Atlantic Standard Time) 1.0 Introduction Kwilmu’kw Maw-klusuaqn Negotiation Office (KMKNO) requests the assistance of an environmental consulting firm to review the existing available information on the Alton Natural Gas LP Brine Storage and Discharge Facility to evaluate the scientific and technical information for completeness and for comparison to documented and validated scientific methods including the interpretation of the information with generally accepted standards of good scientific practice. The purpose of this third party review is to inform the Mi’kmaq of Nova Scotia in their consultation with the Province of Nova Scotia about potential impacts and risks associated with the project on the Shubenacadie River, specifically on fish and fish habitat. This review will be used as a tool to help identify potential impacts on Mi’kmaq Rights and Title as well as identify the need for any further studies, analysis or mitigation, which may potentially include future risk assessment, modeling and/or monitoring. KMKNO will provide copies of all information received from the proponent on this project. Due to the fact that the project was granted a conditional approval in 2007 by the Province of Nova Scotia, there is additional information developed by the proponent and regulators that has recently been made available to the Mi’kmaq of Nova Scotia. Methods to obtain any outstanding information will be discussed with the successful candidate for this work. A site visit to the Alton Natural Gas LP Brine Storage and Discharge Facility will be arranged if necessary in completing the scope of work contained in this terms of reference. 2.0 Kwilmu’kw Maw-klusuaqn Negotiation Office KMKNO is the administrative body working on behalf of the Assembly of Nova Scotia Mi’kmaq Chiefs (Assembly). Currently, KMKNO does not represent Sipekne’katik Mi’kmaw Community in negotiations under the Made-In-Nova Scotia Process or consultations under the Terms of Reference for a Mi’kmaq-Nova Scotia-Canada Consultation Process. With our central office located in the Millbrook Mi’kmaw Community, and satellite offices in Eskasoni and Glooscap, this organization conducts and coordinates negotiations and consultations under the direction of the Assembly. Since 2007, KMKNO has been actively engaged in meaningful and productive consultations with a diverse number of proponents and in a diverse field of private and public sector developments. With over 300 consultations currently underway many of Nova Scotia’s most prominent corporations and federal/provincial departments have become engaged in the consultation process. 2|Page 3.0 Assembly of Nova Scotia Mi’kmaq Chiefs The Assembly is made up of 13 Mi’kmaq Chiefs in Nova Scotia. Five bands are located on Cape Breton Island and eight are located on the mainland of Nova Scotia. The Assembly’s 13 Chiefs convene every month and are co-chaired by two Nova Scotia Mi’kmaq Chiefs. The RFP process shall be under the direct authority of the Assembly and as such, the Assembly will decide which respondent will be successful in this RFP. The successful respondent shall enter into a service agreement with KMKNO who will in turn report to the Assembly. 4.0 Background In December, 2007, an Environmental Assessment was approved with conditions for the proposed Alton Gas Storage Project by the Minister of the Department of Environment and Labour. Since that time, the proponent has worked with the regulators to satisfy the conditions, but the information developed since 2007 was not made available to the Mi’kmaq of Nova Scotia until recently. During formal consultation with the Province of Nova Scotia, the Mi’kmaq of Nova Scotia raised numerous questions and significant concerns about the analysis and conclusions of the proponent and Fisheries and Oceans Canada in relation to potential impacts to the Shubenacadie River, specifically to fish and fish habitat. KMKNO has requested all additional information and will provide it to the successful candidate when received. 5.0 Objectives and Scope of Work The objectives of this work is to complete a third party review of the existing information, including methodology used, the data collected, the interpretation of the data, reports and laboratory analysis undertaken by the proponent and Fisheries and Oceans. Specifically, this includes: A. Complete a literature review of existing information for similar operations around the world, specifically, on solution mining, brine discharge requirements and the associated environmental impacts; B. Review the existing information to evaluate the scientific and technical information for completeness and for comparison to documented and validated scientific methods including the interpretation of the information with generally accepted standards of good scientific practice; and C. Identify any information gaps and, if warranted, recommendations on how to address the information gaps. 3|Page 6.0 Location The proposed project consists of creating salt cavern storage facilities approximately 10 km North of Stewiacke, Nova Scotia (Figure 1.). The proposal includes developing 12 km of pipeline to dispose of the discharge that will be developed in the brining process. The discharge site is described in Figure 2. Figure 1. Location of the Proposed Project 4|Page Figure 2. Brine Discharge Facility Location 7.0 Background Information Available information includes the following (additional information has been requested and will be provided during proposal development): A. Alton Natural Gas Storage Facility Environmental Assessment http://www.novascotia.ca/nse/ea/AltonNaturalGasStorage.asp Registration Document section 1-4 section 5-9 Appendix A- Physical Description of the Shubenacadie River Appendix B1 - Water Intake and Discharge Facilities Appendix B2 - Water Intake and Discharge Facility Design Appendix C - Dispersion Modeling of Discharged Brine Appendix J1 - Mi’kmaq Ecological Knowledge Study Appendix J2 - Mi’kmaq Hunting Sites and Areas Appendix J3 - Mi’kmaq Hunting Sites and Areas Appendix J4 - Mi'kmaq Plant Gathering Sites and Areas Appendix J5 - Mi’kmaq Land Occupation Sites and Areas Appendix K- Phase I Archaeological Impact Study Supplemental Information (3 documents) 5|Page B. Alton Natural Gas Pipeline Environmental Assessment – http://www.novascotia.ca/nse/ea/alton-natural-gas-pipeline-project.asp Registration Document 1 to 4 5, part 1 5, part 2 5, part 3 6 to 9 Appendix A to C Appendix D - Mi’kmaq Ecological Knowledge Study Appendix E to F - Archaeological Impact Study · Groundwater Resources; · Fish and Fish Habitat; · Rare Vascular Plants; · Wildlife and Wildlife Habitat; · Wetlands; · Land and Resource Use; and · Archaeological and Heritage Resources. C. Cook, A.M., J. Duston, and R.G. Bradford. 2010. Temperature and salinity effects on the survival and growth of early life stage Shubenacadie River striped bass. Transactions of the American Fisheries Society 139:749-757. http://www.researchgate.net/publication/233313020_Temperature_and_Salinity_ Effects_on_Survival_and_Growth_of_Early_Life_Stage_Shubenacadie_River_St riped_Bass D. Gina MacInnis thesis, 2012. Spatio-temporal distribution of eggs and age-0 striped bass (Morone saxatilis) in the Shubenacadie River estuary. Master’s thesis, Dalhousie University, Truro, Nova Scotia. http://dalspace.library.dal.ca/bitstream/handle/10222/15896/MacInnis,%20Gina, %20MSc,%20AGRI,%20Dec%202012.pdf?sequence=3 E. Craig Reesor thesis, 2012. Temporal distribution of Morone saxatilis eggs and larvae and Neomysis americana in the Shubenacadie estuary. Master’s thesis, Dalhousie University, Truro, Nova Scotia. http://dalspace.library.dal.ca/bitstream/handle/10222/15843/Reesor%2c%20Craig %2cM.Sc.%2cAGRI%2c%20July%202012.pdf?sequence=3 6|Page 8.0 Team Members The successful candidate will work with representatives from KMKNO and potentially others. The primary contact for this work is: Michael Cox Kwilmu’kw Maw-klusuaqn Negotiation Office 75 Treaty Trail, Truro NS B6L 1W3 Phone: (902) 843-3880 Fax: (902) 843-3882 Email: michaelcox@mikmaqrights.com Questions regarding the Request for Proposals are to be directed to Michael Cox. 9.0 Team Meetings The successful candidate will initially meet with KMKNO to discuss a work plan that outlines the specific activities and timelines for the completion of the work. Additional meetings/conversations will be as needed during the completion of the above noted scope of work. Meetings with community members, regulators and the proponent can be arranged as needed. 10.0 Schedule The successful candidate will provide a schedule to complete the scope of work above within a 90 day timeframe. Written acceptance of the successful proposal will be provided by KMKNO and no work should commence until the acceptance is received. 11.0 Deliverables The successful candidate will provide a draft of the work completed for internal KMKNO review that includes the findings of the review, a list of information gaps, if required, and a proposal for activities necessary to address the gaps. Finalization of the report will not be completed until the Assembly is provided with the information for review and approval. 7|Page 12.0 Terms of Payment A mutually agreeable schedule of payment can be developed with the successful candidate prior to the commencement of work. 13.0 Budget Overrun The successful candidate will be constrained by the original agreed to cost based on the received proposal. The budget shall not be exceeded without formal approval by KMKNO. 14.0 Consultant Proposal At a minimum, the following will be included in proposals received for this work: A. B. C. D. E. Project team and experience Previous work completed with the Mi’kmaq of Nova Scotia A glossary of terms used to describe the work to be completed A detailed work plan identifying tasks and timelines Budget requirements 15.0 Proposal Evaluation and Selection Process The proposal will be reviewed by KMKNO. KMKNO reserves the right to evaluate the merits of each received proposal or reject any proposal. The successful candidate will be informed in writing by KMKNO. Proposals will be evaluated on the following: Methodology (35%) Project Team Experience (35%) Schedule (20%) Cost (10%) Submit an electronic copy of your response no later than 4:00pm (Atlantic Standard Time) on Friday, April 17th, 2015 to michaelcox@mikmaqrights.com 8|Page
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