Alberta Lands Ltd
Transcription
Alberta Lands Ltd
1/UflU11 N(I :iz IAA 1U 1Z7 DARRYL CARTER & CUWAI”Y jOO1/O21 DARRYL CARTER & COMPANY Barristers & Solicitors Darryl Carter, aC. (also of the California Bar) Mikie L Carter 1O3,1G1S4-97Avenu ande Prairie, êJberta T8V 7X8 Phone (7SG 882-7296 Fax (780) 882-7297 Wñet’s email Mdmes: darrykcarteroo.abca Homepage Addrass: Ww.carterco.abca Our File No.: 61 .267JDCJLZ December 9, 2011 Secretary to the Joint Review Panel Joint Review Panel Enbridge Northern Gateway Project 44.4 Seventh Avenue S.W. Calgary, Alberta T2P 0X Dear Sin Madam: Re: Enbrldge Northern Gateway Project Hearing Order OH-4-201 I File No. OF-Fac-OlI-N304-2010-O1 01 Request for Permission to provide Oral Statement at Community Hearing — We represent Alberta Lands Ltd. with respect to the proposed Enbrklge Northern Gateway Pipeline project on their lands. We registered for Intervenor Status on June 13, 2011, filIng ID number A29640. Please consider this latter our formal request for the permission of the Joint Review Panel to allow our client to make an oral statement at the Community Hearing scheduled in Grande Prairie on March 26 to 28, 2012. When we filed our application for intervenor status with the panel we were unaware that such community hearings would be held in Grande Prairie. Now that we are aware of this fact, we would very much appreciate the opportunity to speak directly with the panel regarding the lack of consultation that our client has experienced. We expect that the oral statement would not exceed fifteen minutes and would be in English. Our dient’s situation is unique in the sense that they are the only registered owners of privately held lands in that area affected by the proposed pipeline. Our client would like to make the panel aware that early in the negotiation process Enbridge agreed to undertake review of a re-routing possibilities that could avoid our clients lands. From that point in time, we received no response from Enbridge until the summer of 2011. In a letter dated June 24. 2011, notably almost one year after En bridge filed their application, Eribridge essentially dismissed all re-routing options that they claimed to have considered. There was no discussion with our client of these alternative mutes or the advantages and disadvantages of each prior to Enbndge’s decision and ultimate selection of the preferred route. A copy of some of the pertinent correspondence with Enbridge between June 1, 2006 and the present is attached hereto and may be referred to In our client’s oral statement, should our client be permitted to make one. DEC—09-2011 08:37 780 882 7297 eez P.001 12/09/2011 FRI 8:33 FAX 780 882 7297 DARRYL CARTER & COItIPANY 002/021 In addition to the opportunity to speak directly to the panel regard ing these concerns, it would be advantageous for our client with respect to costs should the panel grant this opportunity in Grande Prairie. It is our hope, that in being allowed to make an oral statem ent at the Grands Prairie community hearing, our client could potentially avoid having to incur the costs of attending the formal hearing. Please advise whether the panel is prepared to provide us with an opportunity to provide an oral statement before the panel at the upcoming Grands Prairie Community Hearing. I look forward to hearlngfrom you. Yours truly, DARRYL Per: J. I Q.C. :jw Enclosures Cc: Laura Estep Fraser Mimer Casgrain LLP Counse( for Enbridge Northern Gateway Wa Fax: (403) 268-3100 Alberta Lands Ltd. Via Email DEC—09—2011 08:38 780 882 7297 ee: P.002 12/09/2011 FRI 8:33 FAX 780 882 7297 DARRYL CARTER & C0PANY [0U3/O21 E N B PT. DG E NOTHEi••N eRTSWI;v DIPt,Et4e June. 4, 2011 Darryl Carter &:Compañy #103, 1O14. 97 AvaUe Grande Prai,ie AB TBV ?X6 1 Attn Mr. Darryl Carter, Q.C. Dear.Sir, f(E: Dlbildge yourdrent Alberta LndI.td, (Grant EVaskeVYCf I The purpose of this letter i t respOnd to your email correspondence pf iul 27 200 to Mr NeifeLd of F5aser Mimer Casgraln LLP in which yoi iequested an update regadlng a posb re-route of the Project to 3vold your •dient’ Lands. We hve. álo reehiM your ema1t correspondence of Jufle 20 2011 to Ms. Estep of Fraser Mrter Casgi-airt LIP Northern Gatey acknowledges that there ha been a delay l respondLi to yourequest We have taken time to carefully consider and eva’luäte that rèüest afld efloi able t pràvlde the foIL&iIhg: 4 .&spórie As you are a’wre, tile malby components of the ppeline prtlon 1 tlProF iildUe awølL export pipeline, 914 mm 01) (NPS 6). and a ondens?te Import pipeffne 508 mm O (NP extending from the InitiatIng station near Bruderhelm Alberta to the Kitihiat Te1Wln$ Irt Bvjtlsh Cournbla. Northeni Gwas applying 1 ot approval to lnstl. the plpeines Within: çori4o.r, which is approxImately 1,177 km long Uuring the routIng procers the Project has- iti1izEd rlbros, mult1-dsclpIlpary rOute selecti pybs des1grid to ldeptify a çocrIor that wl achieve au acceptable balance of engineerlfl, environmentatand economre-cunslderatlons, and whOLaonforrn:wjthTahd User)d prdteted plans MOe aand:Brnrs1 COlumbIa.. FhieatIó iIlbe: lnalized1n the N detailed route approval process, which will occur after GIC Approval, suooht Approval be received The size of the pipeline RoW Is speclflcallV disisSed 1i Noithern GatewaNE Application (Appljcatloil), Volume 1, SectjQfl Silte wldh otthe pexmuieIIt Row req4red torthe pipelines will beZ metresin mosloatlons. DEC—09—2011 08:38 780 882 7297 ee P.003 1Z/U/2OII IR1 :33 FAA 7J 2 7297 DARRYL CARTER & COPKNY IOO4/U21 Page 2 Please find attached Map Nc 13-042-001 identIfying the location of the pipeline route in the vicinity of the Lands. The map Includes the following information: • Oetails for the proposed pipeline route near and through the Lands, based on the route fTled Tn the Application. • The 1 km-wide Project pipeline corridor within which the pipelIne RoW will be refined during detailed engineering and finalized as part of the NEB detailed route approval process. • The location of a proposed pipeline valve at KP 591.3. • The location of the l(Tnuseo Creek crossing. • The location of the i(inuseo Forest Service Road that is proposed to be used for construction access to the pipeline RoW. • The location of a northern pipeline route alternative that would avoid the Lands, and is commented on below. After evaluating a northern route alternative that would avoid the Lands, as shown on the attached map, Northern Gateway has determined that the proposed route is preferred over the northern alternative for the following key reasons: • The proposed route significantly minimizes grading and associated disturbances by traversing relatively flat, stable terrain through the valley. • The proposed route provides a significantly favourable crossing location for lClnuseo Creek. A bored crossing is proposed, subject to future geotechnical and constructability evaluation, and an Isolated crossing is the back-up method. An aerial crossing is not proposed. • The proposed route parallels the Kinuseo Forest Service Road, providing good construction access and avoiding the development of a new linear corridor. • The proposed route will cost less to construct and maintain. A southern route alternative was also revlewed however the constructability, watercourse crossing, and cost issues were significantly less favourable than both the proposed route and the northern alternative. Northern Gateway acknowledges that the Application describes the pipeline route revisions and other Project changes that have been made as a result of consultation, but that it does not descibe the suggested route revisions that were not accepted and incorporated into the Project. This issue has now been addressed In the Volume 4 Update, tiled in March 2011. Your client’s specific request and Northern Gateway’s response Is documented in Section 13.1 of the Update as follows: DEC—09—2011 08:38 780 882 7297 eaz P.004 12/09/2011 FRI 8:33 FAX 780 882 7297 DARRYL CARTER & COIPANY 005/021 Page “A pipeline route alternative from KP 589 to KP 595 to avoid private property was requested by the landowner. The current route is preferred over the alternative because it reduces grading requirements substantially, provides a favourable crossing location for i(lnuseo Creek, parallels the Klnuseo forest Service Road, and has lower capital and operatrng costs.” We are prepared to meet with you and your client, at your convenience, to discuss any additional routing or construction questions that you may have. Yours truly. Manager. Lands & ROW (Cda.Prj.) cc: DEC—09—2011 08:38 Laura Estep, Fraser Mflrier Casgraln LIP 780 882 7297 8o< P.OO 1i/O/2O11 F’Rl 8:33 FAX 780 882 7297 DARRYL CARTER & CUPANY DEC—09—2011 08:38 780 892 7297 L}006/021 ee P.006 12/09/2011 FRI 8:34 FAX 780 882 7297 DARRYL CARTER & COMPANY 1007/021 Page lotI 1nlferWilkie From; Sent: To: Cc: SubJect Jennifer Wilkie Monday. June 20, 2011 10:17 AM ‘Estep, t.aura’ Darryi Carter ‘Grant Evaskevich’ Enbridge Northern Gateway: Alberta Lands Ltd. Hi Laura, Further to your correspondence with Darryl on July 28, 2010, we are still seeking clarification as to where exactly the pipeline, valve sites and access roads have been proposed in relation to our client’s lands. We can not find this information in the application package, nor can we find any reference to the discussions our office had with Enbridge starting June 1, 2006 concerning a re-routing. We were contacted by Terry Jeweti from Phoenix Land Services and on October 6, 2010, we provided him with a copy of Darryl’s July 27, 2010 email to Richard Neufeld outlining our concerns (copied to you). We have not heard anything back. Please advise as to where the pipeline, valve sites and access road has been proposed in relation to our client’s lands. Thank you, Jennifer WIlkle, BA., LIB. Darrd Carter & Compaj,y Barrislrs & SoIicitor5 1Q3, 10134.g7Avenue Grande Prairie, Alberta T8V 7X6 Ph: (780) 862 7296 Fax:(780)882-7297 6/20/2011 DEC—09—2011 08:39 780 882 7297 88 P.007 12/09/2011 FRI 8:34 FAX 780 882 7297 DARRYL CARTER & COMPANY O08/O21 4. bdrryl 4. Ut .J Carter From: Darryl Carter Wednesday, October 06, 2010 1:24 PM ‘terry.jewellphoenixland.ca’ Sent: To: Cc: Subject: ‘Richard.Neufeld@FMC-Law.com’; ‘Estep, Laura’: ‘Grant Evaskevich’ Enbridge Gateway: Alberta Lands Ltd. Attachments: Enbridge draft plarul .pdf: Enbridge draft plan.2.pdf; lmageoO2.gif; imageOO4.glf; oledata.mso; 2006 emails.doc: imageOOB.gif; AlbertaLands_Map.pdf: 2008 emails.doc; imageOo6.gif; imageol4.gif; Letter from Phoenix Land Services.pdf Terry, th (attached), please see Further to our conversation today regarding your letter of September 30 below for the T.l have been waiting for a full response. email I mentioned that I had sent to Mr. Neufeld on July 2 J Darr,l Caner, Q. C Darryl Carter & Company Barrister; & Solicitors $103, 10)34- 97 Avenue Grande Pmirie, AB T8V 7X6 Ph: (780) 882-7296 Fax: (780) 882-7297 Original Mçssage From: Terry Jewkll (mailto:terryjewell@phoenixland.ca] Sent: Wednesday,October 06, 2010 1:09 PM To: Darryl Subject: Enbridoe\Northern Gateway Grant Evaskevich Cartek - As discussed pleas rorward your emails to Mr. Neufeld, et al. Terry Terry Jewell President Phoenix Land Services *105 9425 94 Avenue Ft. Saskatchewan, AS T8L 1N6 - — Off Cell Toll Free email - — — — 780—589—4400 780—686—3367 877—589—4404 terry.jewell@ph nixland.ca www..phoenixland. ca From: Darryl Carter Sent: Tuesday 1 July 27, 2010 5:01 PM To: ‘rlchard.neufeld@fmc-law.corn’ 10/6/2010 DEC-03—2011 08:33 780 882 7237 88Z P.008 12/09/2011 FRI 8:34 FAX 780 882 7297 DARRYL CARTER & C0PANY 009/O21 4 a rter Darr’ From: Sent: To: Subject: Terry Jewell (terry.jeweIl@phoenixland.ca] Wedresday, Octcber 06. 2010 1:09 PM Darri Carter Enbridge Northern Gateway Grant Evaskevich - A di5cus3ed please forward your emails to Mr. Neufeld, et al. Terry Terry Jewell President Phoenix Land Services #105 9425 94 Avenue Ft. Saskatchewan, AB T8L 1N6 — — Off Cell Toll Free email — — - - 780—589—4400 780—686—3367 877—589—4404 terry.jewell@phoenixland.ca www. phoenixiand. ca 1 DEC—09—2011 08:39 780 882 7297 eez P.009 uiu/zu11 M1 P H C LA N D S :4 VAA 7U 2 7297 DARRYL CARrIIER & COMPANY Suite 105,9425—94 Avenue, Fort Saskatchewan, AB T8L 1N6 Phone :780-589-4400 ToIl Free : 1-877-589-4404 Far: 1-877-402-0215 ww’w.phoenlxland.ca N RV I C E S September 30, 2010 O1O/O21 V Darryl Carter & Company 103, 10134—97 Avenue Grande Prairie, AB TBV 7X6 OCT 0 1 Attn: Mr. Carter RE: ENBRIDGE NORTHERN GATEWAY PROJECT LAND INTEREST CONSULTATION PROCESS KP588.2 BC007076436 PJ17051 DL 1476 GRANT EVASKEVICH As per your conversation with Land Manager Terry Jewell, we have enclosed the following information Materials as part of the Land interest Consultation Process for the Northern Gateway Project: NEB Publication, Pipeline Regulation in Canada: A Guide for Landowners and the Public NEB Publication, Living and Working Near Pipelines: Landowner Guide NEB Publication, A Proposed Pipeline or Power Line Project: What you need to know Northern Gateway Project Brochure Northern Gateway Route Map of Proposed Corridor Local Map Landowner Letter If you have any questions or concerns, please contact Terry Jewell at you convenience at (780) 686-3367 or the writer at (780) 589-4400Yours truly, PHOENIX LAND SERVICES Agent for ENBRIDG 1-IER GATEW PIPELINES LIMITED PARTNERSHIP Monica P kover Manager Land Administration Your Land Team DEC—09—2011 08:39 780 882 7297 88Z P.010 12/09/2011 FRI 8:34 FAX 780 882 7297 DARRYL CARTER & CUPANY I011/021 L’drryl Carter From: Sent: Darryl Carter Tuesday, July 27, 2010 5:01 PM To: ‘richard.neufeld@fmc-law.com’ Subject: Enbridge Gateway: Alberta Lands Ltd. Attachments: Enbridge draft plan.1 .pdf; Enbridge draft plan.2. pdf; imageoo2.gif; imageOO4.gif; oledata.mso; 2008 emails.doc: image008.gif; AlbertaLands_Map.pdf; 2008 ema(ls.doc; imageOO6.gif; imageol4.gif Mr. Neufeld, I confirm that we represent Alberta Lands Ltd. the owners of District Lot 1476, Block A, Peace River District in British Columbia. This land would be affecte d by the proposed Enbridge Gateway project. In response to a voice mail from our office to yours on June 4, 2010 we have received a copy of Enbridge’s application to the NEB. Thank you for that. The application is quite voluminous however and we cannot seem to find anything showing exactly where the pipeline, valve sites and access roads are propos ed in relation to our clients land nor can we find any reference to the discussions we had with Enbridge starting on June 1 • 2006 about a rerouting, Enbridge had agreed to examine a rerouting to avoid my client’s land (see Attached AMEC Draft Plan we had discussed with Enbridge officials showing the pipeline routing to the north of my client’s land). Progress Land was representing En bridge at that time. Please see the attached exchange of emails in 2006 (titled 2006 emails) regarding the additional studies Enbridge was undertaking. We never did see the results of those studies. When I had heard riöthuii fUrther, on July 7, 2007, I asked Enbridge (throughPthss Land) if it would compensate my client for time and legal costs to date. On January 25, 2008 Enbridge sent a cheque to cover the legal costs but nothing for my client’s time. The next thing that happened was that Enbridge sent out a form letter to my client dated October 10, 2008 with a new information brochure and updated route map. This prompted me to ask Mr. Becker at Progress if it meant the project was off the backburner. I am attaching a series of emails starting with my email to Mr. Becker dated November 14, 2008 (titled 2008 emails). You will see that Mr. Becker said he hadn’t been involved in the project lately but would inquire and get back to me. Then he said Paul Anderson would get back to me. (then had an exchange of emails with Mr. Anderson (also part of 2008 emails attached). In the November 29, 2008 email Mr. Anderson said he did not know who my client was (although his email of November 21, 2008 had my email to Mr. Becker attached). In my email of December 3, 2008 1 advised him of my client’s land description. (also includ ed correspondence with one of Enbridge’s consultants showing the trouble I had had trying to convin ce the consultant that there was no pipeline on my client’s land. V On December 12, 2008 Mr. Anderson sent me the email with a drawIng of the proposed routing in the vicinity cf’ rny.client’s land. But the drawing (also attache d to.this ømil) showed the pipeline going right through the land! I have no idea what, if anything, happen ed to the reroute review Enbridge agreed to undertake in June, 2006. In March, 2009. Purvis Kinney, an agent from Mr. Anders on’s contact my client directly. On March 27, 2009 my client and company (HMA Land Services) attempted to I had a conference call with Mr. Kinney. We tried to explain the background to him of our involvement with Enbridge since 2006 and my client’s opposition to the pipeline. Mr. Kinney appeared not to have been aware of any of this. He said he would advise Enbridge of the conversation we had. On September 22, 2009 I received a call from Mr. Kinney . He said he knew that my client were opposed to 7/27/2010 DEC—0—2011 oa:39 70 a82 727 P.011 iiu/zui1 i :i iil fbi) bbz 1ZJ7 DARRYL CARTER & COMPANY LU12/O21 rehUtb th xline. He said Enbridge was still looking at optio ns but wanted to get its filing done and wou the oute through my client’s land. I asked him to send me a copy of the application when it was ld show filed. On December 15, 2009 I received another call from Mr. Kinney. He stated that the filing never got done expected. He said it would now be done In the first as or second quarter of 2010. I asked him to let me when the filing it happened. know I did not hear from Mr. Kinney again but my clien t received an brochure from Enbridge dated March 23, 2010 plus an overview map (at a scale of 50k to a centimetre that told us nothing abou pipeline location in relation to my dient’s land) and t the a news release about the Joint Review Pane December 4, 2009. l dated On May 11, 2010 I received a “New Project Broc hur& from En bridge and on May 27, 2010 a New announcing the filing of the application with the s Release NEB our call to your office requesting a copy of the appl but no copy of the applIcation. That is what prompted ication. It seems that Enbridge decided to proceed with the filing of its application without ever getting back regarding the discussions of the reroute we had to us in 2006. .1. Darryl Carter, QC. Dariy! Carter & Company Barrlscers & SollcItotS 4t103, 10134- 97 Avenue Grpnde Prairie, A5 iSV 7X6 Ph: (780) 882-7296 Fax: (780) 882-7297 Enbridge draft nbrdQe draft !006 e plan.L.p&(2M.. plan.2$d(ZM,.. Kb) 5IO6 emails,doc (124Kb) PlbertndsJ4ap. p&(Z29KB) 7/27/2010 DEC—09—2011 Oe:39 780 882 7297 e8 P.012 12/09/2011 FRI 8:35 FAX 780 882 7297 DARRYL CARTER & CQIPANY !013/021 2006 emails From: Darryl Carter Sent: Saturday, September 23, 2006 4:02 PM To: ‘Phil Becker’ Cc: Grant Evaskevich’ Subject: RE: Enbridge Pipelines Inc. Gateway Pipeline Alberta Lands Inc. Grant Evaskevich - Mr. Evaskevich says that Enbrldge could proceed on that basis provided it was agreed that no trees would be cut. 3. Darryl Carter, Q.C. Dariy/ Ca,ter & COmpany Barristers & Soilcito,s *103, 10134 - 97Avenue rande Prairie, AS T8V 7X6 Ph: (280) 892-7296 Fax: (780) 882-7297 From: Phil Becker [mailto:philb@progressland.com] Sent: Tuesday, August 22, 2006 2:58 PM To: Darryl Carter Cc: ‘Grant Evaskevich’ Subject: RE; Enbridge Pipelines Inc. Gateway Pipeline Alberta Lands Inc. Grant Evaskevich - if Enbridge Gateway uses the road for construction purposes Enbridge Gateway agrees to that time. They will not have equipment-in the area to enable this work until then. £ñbridge repair the road at agrees to provide the findings of any investigations of all possible routes and a summary Gatewayalso report describing the preferred creek crossing methodology. In light of the above statement, does Enbridge Gateway’s contractors and personnel have permission to access the property as noted below? Phil Becker PROGRESS LAND SERVICES LTD. Land Manager Phone (780) 454-4717 Cell: (780) 446-2154 From: Darryl Carter [maiito:Darryl@carterco.ab.caJ Sent: Saturday, July08, 2006 12:31. PM To: Phil Becker Cc: Grant Evaskevich Subject: RE: Enbridge Pipelines Inc. Gateway Pipeline Alberta Lands Inc. Grant Evaskevich - My clients would agreeto the proposal as outlined by you (i.e. no more than 3 crews at separate times during the summer of 2006 for work that is neither invasive or destructive and with no tree cutting or disturbance of any kind), provided Eribridge agreed to the following conditions: DEC—09—2011 0839 780 882 7297 98: P.013 12/09/2011 FRI 8:35 FAX 780 882 7297 DARRYL CARTER & CUPANY l014/021 1. to repair the erosion ditch presently on the road (although it is passab le for a truck it needs a culvert and some maintenance work to allow a car or trailer to pass) and 2. to provide us with a copy of the resulting engineering report. My clients wish to rernnd you however that they remain opposed to any pipeline on their land and to any aboveground crossing of the creek. 2. Darryl Carter, Q.C. barry! Carter & Company Samsters & Solicitors #103, 10134 - 97 Avenue Grande Prairie, AS TBV 7X6 Ph: (780) 882-7296 Far: (780) 882-7297 -—--Original Message----From: Phil Becker [malo:phiIb@progressland.com] Sent: Wednesday, July 05, 2006 11:16 AM To: Darryl Carter Subject: RE; Enbridge Pipelines Inc. Gateway Pipeline Alberta Lands Inc. Grant Evaskevicti - Darryl, have you had a chance to discuss this with Grant and family ? Phil Becker PROGRESS LAND SERVICES LTD. Land Manager Phone (780) 454-4717 Cell: (780) 446-2154 From: Phil Becker [mailto:philb@’prógressland.comj Sent: Monday, June 26, 2006 11:16 AM To: ‘Darryl Carter’ Subject: Enbrldge Pipelines Inc. Gateway Pipeline Alberta Lands Inc. Grant Evaskevich - Darryl, Ive spoken to Enbridge about your proposal which was: Enbridge to avoid crossing Alberta Lands Inc.’s property with pipelin e. Enbridge to construct underground, not aerial crossing of Kinuseo Creek If Eribridge agrees to above conditions, your client may agree to allow Enbridge to use the road through the property Enbridge cannot at this time commit to an underground crossin at g a pr6perty. They need to do more studies to determine this, as was location that will miss your client’s noted in our meeting in Grande Prairie on June 1,06. In order to gather as iiih information as possible, use of your clients road and access on thu property to do some further studies would greatly assist in exploring all options at the Kinuseo Creek crossing. Access would entail the following: Use of road with pickup truck and quad, and subject to weather, by helicopter. There would be up to 3 crews at separate times during the summer of constructability of the creek including geophysical work. The proposed 2006 to assess the routing and work is neither invasive or DEC—03—2011 08:40 780 882 7237 88Z P.014 12/09/2011 FRI 8:35 FAX 780 882 7297 DARRYL CARTER & C0PAN’Y 015/Q21 destructive. The crews would walk from the road across the proper ty to look at the northern route around the property. There would be no tree cutting or disturb ance of any kind. Enbridge is trying to find alternatives to routing through the proper ty and this would greatly assist in this. The crews would be on site a few days at a time during the summer. Would your client consider use of the road and access onto the property for the above stated reasons? Phil Becker PROGRESS LAND SERVICES LTD. Land Manager Phone (780) 464-4717 Cell: (780) 446-2154 DEC—09—2011 08:40 760 892 7297 98 P.015 12/09/2011 FRI 8:35 FAX 780 882 7297 DARRYL CARTER & COMPANY 016/021 2008 emails From: Paul Anderson Emaifto;panderson@hma)and.cc,m ] Sent: Friday, December 12, 2008 10:38 AM To: Darryl Carter Subject: RE Enbridge Gateway Alberta Lands Ltd. - I apologize for the delay. Attached is a drawing of the proposed routing of the Northern Gateway pipeline in the vicinity of your client’s land (Alberta Lands Inc.). Paul From: Darryl Carter Sent Wednesday, December 03, 2008 9:49 AM To: ‘Paul Anderson’ Subject: Enbridge Gateway Alberta Lands Ltd. - Paul. My client is Alberta Lands Ltd. See the correspondence below for the land description. You will see that I had some difficultly explaining to this consultant that there was no pipeline on the land. He did figure it out later. I Darryl Carter, Q C. Darryl Carter & Company & $oIicito, #103, 10134 97Avenue Grande Prairie, A8 T8V 7X6 Ph: (780) 882-7296 cax: (780) 882-7297 - From: Darryl Carter Sent: Friday, October 03, 2008 8:47 AM To: ‘Barry Richardson’ Cc ‘Grant Evaskevich’; ‘Phil Becker’ Subject: RE: Enbridge Emergency Response Planning Mr. Richardson, It does not clear up matters. I am telling you there is no pipeline there. You need to check into this. Also it is misleading to suggest to landowners that you are follow ing EUB regulations when those regulations have no applicationtotheland iriquestion. Hopefully ERPs are prepared more carefully. J. Darryl Carter, Q. C. Darryl Carter & Company Barristers & SoIJdtoc #103, 10134 - 97 Avenue Grande Prairie, AB T8V 7X6 DEC—09—2011 08:40 780 882 7297 88Z P.016 12/09/2011 FRI 8:35 FAX 780 882 7297 DARRYL CARTER & COMPANY t017/021 Ph: (780) 882.7296 Far: (780) 882-7297 From: Barry Richardson [maUto;barrynchardson@polargeomatics.com] Sent: Friday, October 03, 2008 8:37 AM To: Darryl Carter Subject: FW: Enbrldge Emergency Response Planning — Mr. Carter, I was in correspondence with owner Grant Evaskevich on Wednesday, Oct 1 to update the emergency response plan on Enbridges behalf. At that time Mr Evaskevick had said he was unaware of Enbridge pipeilne crossing his property south of Tumbler Ridge. I stated according to our map the Enbridge pipelin e apparently does cross the land and I subsequently sent a map of the land clearly showing the pipeline crossing there. We update all properties that either fall within an 800 meter buffer zone or if the pipeline is directly on the proper ty. Hope this clears up this matterfor you b” Barr Richardson EPSëhótdCosuftàrt Geomatlc & Securfty Solutions Inc. Sufte 110 471-51 Ave Red Deer, AS T4N6K8 p .O3)3O 4 From; Darryl Carter [mailto;darryl@carterco.ab.ca) Sent: FrIday, October 03, 2008 8:20 AM To: Barry Richardson Cc: Grant Evaskevich; Phil Becker Subject RE: Enbridge Emergency Response Planning — Mr. Richardson, But there is no Enbridge pipeline on the property that I am aware of. Furthermore, UB regulations would have no application in British Columbia. .1 Darryl Carter, Q. C. Darryl Carter & Company Sarristers & Solicitors #103, 10134- 97Avenue Grande Pr&irie, AB TSV 7X6 Ph: (780) 882-7296 Far: (780) 882-7297 From: Barry Richardson maiIto:barryrichardson@polargeomatics.com] Sent: Wednesday, October 0]., 2008 2:32 PM To: Darryl Carter Subject: FW; Enbridge DEC—03--2011 08:40 — Emergency Response Planning 780 882 7297 eex P.017 12/09/2011 FRI :35 FAX 780 882 7297 DARRYL CARTER & COMPANY IO18/021 Mr. Carter, Our company is called Polargeomatics based in Red Deer, Alberta. Our company is contracted to update Landowners, or com panies that fall within an 800 meter buffer zone or if the pipeline is directly on the property which is the case for this property. We gather information abou t the property in case of an unlikely event of an emergency. We keep this information confidential according to Enbrldge’s Privacy Policy and will only be used to contact residents if that applies for safety, security or for responding in the unlikely event of an emergency. The property owner on title is Alberta Land lnc, the parcel identifier is 007-076-436, which is Block A District Lot 1476 in the Peace River District. It is under EUB regulations that Pipeline companies must update stakeholders within our buffer zone at least every year so information Is current and accurate. Hope this assists you in this matter. Thank you, Barry Richardson ERPStakehoideronsultant Geomatic ê Serwity iiitTons lnc Side 110 4711-51 Ave Red Deer AB T4tISHS P(4ozO92454 Fá4QS):ao922( From: Darryl Carter [mailto:darryl@carterco.ab.ca] Sent: Wednesday, October 01, 2008 203 PM To: Barry Richardson Cc: Grant Evaskevich; Phil Becker Subject: Enbridge Mr. Richardson, I act on behalf of Grant Evaskevich He advises that he receive d an email from you today with the attached map. We had discussions with Enbridge some time ago regard came of it. Could you please advise me of the reason foring a proposed pipeline but nothing your involvernen at this time. Thank you. .1. Darryl Carter, Q. C. bariyi Carter & Company Rarnsters & Soiic1to, *103, 10134 - 97 Avenue Grande Prairie, AR TRy 7X6 DEC—09—2011 08:40 780 882 7297 88 P.018 12/09/2011 FRI 8:35 FAX 780 882 7297 DARRYL CARTER & C0PANY 019/021 Ph: (780) 882-7296 Fax: (780) 882-7297 From: Paul Anderson [mailto:panderson@hmaland.comj Sent Saturday, November 29, 2008 3:21 PM To: Danyl Carter Subject: Re: Enbridge Northern Gateway Pipeline Sorxy Darryl I don’t know who your client is. - Please send me his name an&or legal land location or call mc. 40351 24472 - Sent from Paul’s Blackberry Device Original Message From: Darryl Carter <darryl@caxterco.ab.ca> To; Paul Anderson Cc: Grant Evaskcvich <G.Evaschalbezialands.conc Sent SatNov 29 13:53:59 2008 Subject RE: Enbridge Northern Gateway Pipeline Paul, What is the current proposal for the area of my client’s land? 3. Darryl Carter, Q.C. Darryl Carter & Company & Solickors #103,10134-97 Avenue Grande Prairie, AB T8V 7X6 Ph: (780) 8824296 Fax: (780) 882-7297 From: Paul Anderson [mailto:pandersonihinalan4,co] Sent: Friday, November 21, 2008 2:00 PM To; Danyl Carter Cc: philbprogressland.com Subjecu Eabridge Northern Gatcway Pipeline Darryl!: The Enbridge Northern Gateway Pipeline is proceeding to an NEB application. We have held public open houses throughout communities almrgtheroute in Alberta over the past month . I am responsible for Land & Environment on the project. Please let me know if you have questions. Paul. From: Darryl Carter [mailto:danyJ(cartercoi,] Sent: Friday, November 14,2008 11:14 AM To: Phil Becker DEC—09-2011 08:40 780 882 7297 P.019 12/09/2011 FRI 8:35 FAX 780 882 7297 DARRYL CARTER & C01PANY 020/021 Subject: Enbridgc Gateway Alberta Lands - Phil, My client, Alberta Lands, received some literature recently regard ing the Gateway Project. Does this mean that it is off the back burner? I. Darryl Carter, Q.C. l)arryl Carter & Company Banisters & Solicitors #103, 10134-97 Avenue Grande Prairie, AB TSV 7X6 Ph: (780) 82-7296 Fax: (780) 882-7297 Sent from Paul’s BlackbetTy Device From: Phil Becker [mailto:phiib@progressiand.com] Sent: Wednesday, November 19, 2008 8:51 AM To: Darryl Carter Cc: Elliott Friedricti Subject: RE: Enbridge Gateway Alberta Lands - Darryl, Progress Land will not be involved in the BC portion of the Gateway project from now on. Paul Anderson Gatew of ay has indicated he will respond to your inquiry. Phil Becker PROGRESS LAND SERVICES LTD Land Manager Phone (780) 4544717 Cell: (780) 446-2154 From: Phil Becker Sent: FrIday, November 14, 2008 11:17 AM To: ‘Darryl Carte? Subject: RE: Enbricige Gateway Alberta Lands - I haven’t actually bccn involved lately with the Proj cct, but I will inquire and get back to you. Phil Becicer PROGRESS LAND SERVICES LTD. Land Manager Phone (780) 454-4717 Cell: (780) 446-2154 From: Darryl Carter [maIIto:darryhcafterco.ab.ca] Sent! Friday, November 14, 2008 11:14 AM To: Phil Becker Subject Enbrldge Gateway Alberta Lands - Phil, DEC-09—2011 08:40 780 882 7297 88z P.020 12/09/2011 FRI 8:36 FAX 780 882 7297 DARRYL CARTER & C0PANY 021/021 My client, Alberta Lands, received some 1iteratre reccntly regarding the Gateway Projcct. Does this mean chat it is off the back burn& J, Dar,yl Carter, QC Derryl Carter & Company Bnisters & SoIicito,s #103, 10134 - 97 Avenue Grande Prairie, AB TSV 7X6 Ph: (780) 882-7296 Fax: (780) 882-7297 DEC—09—2011 08:40 780 882 7297 ee P.021