Fisheries and Oceans Canada Fish Habitat Management Program Intervention to the Nunavut Water Board on the Doris North Gold Project Cambridge Bay August 13-15, 2007

Outline Mandate, Relevant Legislation and Policies Financial Securities Construction Water Use Tailings Impoundment Area Monitoring Closure and Reclamation Conclusion

DFO Mandate, Relevant Legislation and Policies Constitution Act (1982) provides the federal government with exclusive authority for sea, coastal and inland fisheries within Canada’s territorial boundaries. Fisheries and Oceans Canada is responsible for the management and protection of fish, including marine mammals and their habitats. Fisheries and Oceans Canada (DFO) exercises this authority under the Fisheries Act. – Section 35 prohibits the harmful alteration, disruption or destruction of fish habitat without Authorization from the Minister of Fisheries and Oceans or by regulation under the Fisheries Act – Section 36 prohibits the deposition of a deleterious substance into fish bearing waters unless authorized by a regulation made under the Fisheries Act or by another law of Parliament.

Other Relevant Legislation Metal Mining Effluent Regulations (MMER) Made under the Fisheries Act - apply to metal mining operations. Allows for the deposit of a deleterious substance at specific concentrations and specifies monitoring requirements Defines a tailings impoundment area (TIA) as: (1) a confined disposal area that is not a natural water body frequented by fish; or (2) water or place set out in Schedule 2 of the MMER Requires the regulation be amended to list any fish bearing lake to be used as a TIA on Schedule 2. Amendments to Regulations must be approved by the Governor-in-Council of Canada

Policy for the Management of Fish Habitat (DFO, 1986) Guides DFO in the administration of the habitat protection provisions of th e Fisheries Act (Sections 20-35) Overall Objective: – Net Gain of Fish Habitat Productive Capacity Fish Habitat Conservation Goal: –Guiding Principle of “ No Net Loss ” of Productive Capacity

Financial Securities Letters of credit will be obtained from the proponent for the construction and monitoring of fish habitat compensation features. Financial security for the jetty construction has been obtained. Under MMER, it is a requirement to obtain financial securities for fish habitat features compensating for the use of Tail Lake as a Tailings Impoundment Area.

Financial Securities DFO Recommendation DFO requests that MHBL provide an estimate relating to the financial security for the construction and monitoring of: –Rearing habitat in Doris Lake (6 Locations) –North Tailings Dam –Boulder removal in Roberts Lake Outflow –Pool creation in Tributary E09 of Roberts Lake

Construction Jetty and Rock Spurs in Roberts Bay Floatplane and Boat Dock on Doris Lake Doris Creek Bridge and Approaches

Construction Jetty and Rock Spurs in Roberts Bay Construction of the jetty involves a footprint (103 metres long by 6 metres wide) on the bed of Roberts Bay. This is a destruction of fish habitat. Fish habitat compensation involves creating rearing and foraging habitat through creation of rock spurs off the jetty and nearshore west of the jetty Jetty will be re-graded to below the high water mark during closure which will re-establish fish access to the area.

Jetty and Rock Spurs in Roberts Bay DFO Recommendation DFO recommends that MHBL re-submit the No- Net-Loss Plan including the monitoring plan and the updated Table 18 on, or before, September 15, Construction

Floatplane and Boat Dock on Doris Lake & Doris Creek Bridge and Approaches DFO has no additional recommendations to make on these matters since DFO is of the opinion that MHBL has proposed sufficient measures to avoid and mitigate adverse impacts to fish and fish habitat for these project components.

Water Use Floating Water Intake Structure in Doris Lake Water withdrawal rates and quantities are not expected to adversely affect fish and fish habitat in Doris Lake. DFO has no additional recommendations to make on these matters since DFO is of the opinion that MHBL has proposed sufficient measures to avoid and mitigate adverse impacts to fish and fish habitat for the water intake structure.

Tailings Impoundment Area Construction of the north dam will result in a destruction of fish habitat directly from its footprint and the subsequent dewatering of Tail Lake outflow will disrupt the fish habitat for ninespine stickleback. Fish habitat compensation involves creating rearing habitat in Doris Lake. DFO Recommendation –MHBL has substantially completed a No-Net Loss Plan for the harmful alteration, disruption and destruction of fish habitat associated with the north tailings dam construction and dewatering of Tail Lake Outflow, with the exception of the details on dam breaching. DFO recommends that this information be included in the final No Net Loss Plan.

Tailings Impoundment Area No-Net-Loss Plan For the actual deposit of tailings into Tail Lake and its use as a Tailings Impoundment Area, the following fish habitat compensation features are proposed. –Creation of four rearing habitat features in Doris Lake –Removal of a boulder garden in Roberts Outflow to improve migration of Arctic Char into Roberts Lake –Creation of two pools in Tributary E09 of Roberts Lake

Tailings Impoundment Area No-Net-Loss Plan - DFO Recommendations Roberts Lake Outflow Fish Passage –DFO recommends that MHBL submit a detailed construction plan on or before September 15, Stream Habitat Enhancement in Tributary E09 of Roberts Lake –DFO recommends that MHBL provide a detailed survey of the Roberts Lake tributary E09 through additional site reconnaissance to be included in the No-Net-Loss Plan. DFO recommends that all detailed information required for the No Net Loss Plan be submitted to DFO in final form for review on or before September 15, 2007

Tailings Impoundment Area Fish Salvage Program MHBL has committed to undertaking a fish salvage program in Tail Lake prior to depositing tailings. DFO Recommendations DFO recommends that MHBL take community interests into consideration in the development and implementation of the Fish Salvage Program and in the use of fish. DFO recommends that discussions with MHBL, the local HTOs, and the NWMB be held to finalize the details of the fish out protocol. DFO recommends that the detailed fish out protocol be submitted by MHBL on or before September 15, 2007.

Monitoring Program Environmental Effects Monitoring (EEM) is required under the Metal Mining Effluent Regulations (via Env. Canada). DFO also requires, as a condition of Authorization, monitoring of fish habitat enhancements proposed in the No-Net-Loss Plan A monitoring program is proposed to ensure the fish habitat compensation features are functioning as intended.

Monitoring Program Roberts Lake Outflow Fish Passage –Monitoring downstream migration of Arctic char smolts for a 10 year period to determine whether the barrier removal resulted in increased numbers of juvenile char DFO Recommendation DFO recommends that monitoring of smolt out-migration occur annually during the operational period of the mine (two years) and again in Year-1, Year-5 and Year-10 after mine closure.

Monitoring Program Doris Lake Riparian Vegetation Monitoring –Monitoring of riparian vegetation is proposed once prior to construction, once during operations, and once after closure. DFO Recommendation DFO recommends that the monitoring schedule be extended to capture the success of the riparian vegetation after mine closure.

Closure and Reclamation North Tailings Dam Flow is proposed to be returned to the Tail Lake outflow upon decommissioning of the Doris North mine and once water quality in Tail Lake meets CCME guidelines. The north tailings dam will be breached through the construction of a slot, 20 metres wide with 4H:1V slopes on both sides.

Closure and Reclamation North Tailings Dam DFO Recommendation DFO recommends that MHBL provide detailed plans regarding the breaching of the Tail Lake north dam on or before September 15, 2007.

Summary of Recommendations Financial Security to be provided before September 15, Comprehensive No-Net-Loss Plan in final form on or before September 15, Fish-out protocol to be discussed with MHBL, local HTOs and the NWMB. Details regarding the construction methods of breaching the north tailings dam required.

Thank You – Questions/ Comments?