Environmental Assessment Guidelines For the Completion of
a Comprehensive Study of Proposed Diavik Diamonds Project

Issued by:
The Department of Indian Affairs and Northern Developmen
The Department of Fisheries and Oceans
Natural Resources Canada
26 August 1998

Table of Contents

 

PART I: DIRECTION FROM GOVERNMENT Page 1

1.1 PURPOSE OF THE GUIDELINES Page 1

1.2 SCOPE OF PROJECT AND ASSESSMENT Page 1

1.2.1 Scope of the Project Page 2

1.2.2 Scope of the Assessment Page 2

1.2.3 MVRMA Considerations Page 2

1.3 PUBLIC CONSULTATION Page 3

1.4 PRESENTATION Page 3

1.4.1 Conformity Page 3

1.4.2 Format Page 3

1.4.3 Appendices Page 3

1.4.4 Data Presentation Page 3

1.5 ENVIRONMENTAL ASSESSMENT APPROACH Page 3

1.5.1 Build on Current Understanding and Knowledge Page 3

1.5.2 Environmental Effects Analysis Page 4

1.5.2.1 Information Gaps Page 4

1.5.2.2 Significance Criteria Page 4

1.5.2.3 Mitigation Measures Page 5

1.5.2.4 Residual Effects Analysis Page 5

1.5.2.5 Cumulative Effects Page 5

1.5.3 Spatial Boundaries Page 5

1.5.4 Temporal Boundaries Page 6

1.5.5 Traditional Knowledge Page 6

1.6 FOLLOW-UP PROGRAMS Page 7

 

PART II - ENVIRONMENTAL ASSESSMENT REPORT Page 8

2.0 EXECUTIVE SUMMARY Page 8

2.1 PROJECT DESCRIPTION Page 8

2.1.1 Overall Project and Project Setting Page 8

2.1.2 Regulatory Regime Page 8

2.1.3 Need and Purpose of the Project Page 8

2.1.4 Alternative Means Page 8

2.1.5 Public Consultation Page 8

2.1.6 Traditional Knowledge Page 9

2.1.7 Tenure Page 9

2.1.8 Performance Record Page 9

2.2 DESCRIPTION OF THE EXISTING ENVIRONMENT Page 9

2.2.1 Physical and Biological Environment Page 9

2.2.2 Social, Economic and Cultural Environment Page 10

2.3 ENVIRONMENTAL EFFECTS ASSESSMENT Page 10

2.3.1 Spatial and Temporal Boundaries Page 10

2.3.2 Project Components Page 10

2.3.2.1 Retention Dikes, Open Pit and Underground Mining:
Page 10

2.3.2.2 Tailings (Processed Kimberlite) Containment Areas:
Page 10

2.3.2.3 Waste Rock (Country Rock), Ore and Overburden Storage: Page 11

2.3.2.4 Processing and Plant Site Infrastructure: Page 11

2.3.2.5 Natural Drainage Diversion: Page 11

2.3.2.6 Sewage and Solid Waste Management: Page 11

2.3.2.7 Hazardous Materials Management: Page 12

2.3.2.8 Power: Page 12

2.3.2.9 Air and Ground Traffic: Page 12

2.3.2.10 Borrow Pits and Quarry Sites: Page 12

2.3.2.11 Site Facilities and Infrastructure: Page 12

2.3.2.12 Accidents and Malfunctions: Page 12

2.3.2.13 Development Sequence: Page 13

2.3.2.14 Exploration Program: Page 13

2.3.2.15 Closure Program: Page 13

2.3.2.16 Technological Innovation: Page 13

2.3.3 Physical and Biological Environmental Components Page 14

2.3.3.1 Air Quality and Climate: Page 14

2.3.3.2 Water Quality and Quantity: Page 14

2.3.3.3 Aquatic Organisms and Habitat: Page 14

2.3.3.4 Wildlife and Wildlife Habitat: Page 15

2.3.3.5 Vegetation and Plant Communities: Page 15

2.3.3.6 Terrain, Surficial Geology, Bedrock and Soils: Page 16

2.3.3.7 Biological Diversity Page 16

2.3.3.8 Pollution Prevention Page 16

2.3.4 Social, Economic and Cultural Components Page 16

2.3.4.1 Social and Cultural Patterns: Page 16

2.3.4.2 Human Health Page 16

2.3.4.3 Economy Page 16

2.3.4.4 Employment, Education and Training Page 17

2.3.4.5 Land and Resources Use: Page 17

2.3.4.6 Infrastructure: Page 17

2.3.4.7 Government: Page 17

2.3.4.8 Cultural Resources: Page 17

2.3.5 Impacts of the Environment on the Project Page 17

2.3.6 Renewable Resources Page 18

2.3.7 Mitigation Measures Page 18

2.3.7.1 Compensation Page 19

2.3.8 Cumulative Effects Analysis Page 19

2.4 FOLLOW-UP PROGRAM Page 19

 

PART III - DEFINITIONS Page 20

 

ENVIRONMENTAL ASSESSMENT GUIDELINES

 

FOR THE PROPOSED

DIAVIK DIAMONDS PROJECT

 

PART I: DIRECTION FROM GOVERNMENT

1.1 PURPOSE OF THE GUIDELINES

Diavik Diamond Mines Inc. (hereinafter referred to as the proponent), the manager of the joint venture with Aber Resources Ltd., proposes to develop and operate a diamond mine (Diavik Diamonds Project) at Lac de Gras, Northwest Territories (NWT).

 

The Diavik Diamonds Project is subject to the Canadian Environmental Assessment Act (CEAA). The project includes an all-season runway longer than 1500 metres, a project component included in the CEAA Comprehensive Study Regulations. As such, the project is being assessed pursuant to the comprehensive study provisions of CEAA. These guidelines provide direction to the proponent on the issues to address in its environmental assessment report.

Following the issuance of these guidelines, the proponent is required to submit to the federal responsible authorities (Department of Fisheries and Oceans, Natural Resources Canada and Department of Indian Affairs and Northern Development), a report that addresses the information requirements listed herein. Once the report is received, the responsible authorities (RAs) will ensure the submission is available for public review and comment. All public documentation related to this project is available on a public registry file maintained by the Department of Indian Affairs and Northern Development (DIAND). The public registry is located on the 10th floor, Bellanca Building, Yellowknife.

 

The findings of the environmental assessment report and consultations will assist in the preparation of the Comprehensive Study Report (CSR) required by responsible authorities in order to fulfill their obligations under the CEAA. The CSR is then filed with the Canadian Environmental Assessment Agency (the Agency) and the Minister of the Environment. The roles and responsibilities, and the possible decisions and actions to be taken by the RAs, the Agency and the Minister of the Environment are clearly laid out in CEAA.

 

At anytime throughout the environmental assessment process, the RAs may choose to refer the project or unresolved issues within the scope of assessment to panel review or mediation.

 

1.2 SCOPE OF PROJECT AND ASSESSMENT

In accordance with Section 15(1) of CEAA, the RAs must determine the scope of the project, the factors to be considered and the scope of the factors to be taken into consideration.

 

 

1.2.1 Scope of the Project

The scope of the project includes the construction, operation, closure and post-closure (see Part III, Definitions) or any other undertaking in relation to the project. This includes:

 

  1. ore reserves and resources, mining rate and mining methods;
  2. open pit and underground mining;
  3. retention dikes;
  4. waste rock (country rock) ore and overburden stockpiles;
  5. mill (diamond recovery);
  6. water management (treatment and recovery systems);
  7. water supply;
  8. tailings (processed kimberlite) containment area including structure, stability;
  9. power generation and transmission facilities;
  10. explosives factory and storage;
  11. air and ground traffic (i.e. use of existing NWT roads, winter roads to the project site);
  12. site facilities and infrastructure (e.g. airstrip, helipad, pipelines, camp and maintenance facilities, fuel and hazardous materials storage areas, solid waste and liquid domestic waste management facilities, sort house, on-site roads, etc.).

 

1.2.2 Scope of the Assessment

The guidelines have been developed in a manner which requires the proponent to consider the factors, and scope of factors, necessary to meet the requirement of CEAA as set out in that definition of environmental effect and as described in Section 16 of CEAA:

  1. the environmental effects of the project, including effects of malfunctions or accidents, and any cumulative effects that are likely to result;
  2. the significance of environmental effects;
  3. comments from the public received in accordance with CEAA;
  4. technically and economically feasible mitigation measures;
  5. purpose of the project;
  6. technically and economically feasible alternative means of carrying out the project and the environmental effects of any alternative means;
  7. need for, and requirements of, any follow up program;
  8. capacity of renewable resources that are likely to be significantly affected by the project to meet present and future needs; and
  9. any other relevant matter that the RA or the Minister of the Environment after consulting with the RA, may require.

 

1.2.3 MVRMA Considerations

The comprehensive study for the Diavik Diamonds Project will be conducted under CEAA. Section 16(1) (e) of CEAA provides that RAs may take into consideration other relevant matters. Therefore, the guidelines have been scoped to consider the requirements of the Mackenzie Valley Resource Management Act (MVRMA). This approach will contribute to the transition from CEAA to MVRMA. Particular attention has been given to the MVRMA's definitions of "impact on the environment", "harvesting", "heritage resources", and section 115 relating to the "protection of the social, cultural and economic well-being of residents and communities in the Mackenzie Valley" and the requirements of subsection 117(2) (see Part III, Definitions).

 

 

1.3 PUBLIC CONSULTATION

In its project description, the proponent indicates that it has consulted with numerous parties about the project since 1994 and that the project has been influenced by the concerns raised and information provided during these consultations. The results of these consultations are relevant to the understanding and the assessment of the environmental effects of the proposed project. The proponent will be required to report on its public consultation.

 

1.4 PRESENTATION

1.4.1 Conformity

The proponent is expected to observe the intent of the guidelines. Specific issues or directions described in the guidelines must be clearly identifiable in the environmental assessment report. The environmental assessment report shall include a conformity table outlining to reviewers the areas in the environmental assessment report (including appendices and technical reports) that address the specific sections of the guidelines.

 

1.4.2 Format

The environmental assessment report shall contain an executive summary that is non-technical and suitable for community and general public use.

 

The content of the environmental assessment report must address the key points as outlined in Appendix C of the Guide to the Preparation of a Comprehensive Study (Canadian Environmental Assessment Agency, May, 1997). The format of the environmental assessment report is largely left to the discretion of the proponent although reviewers must be able to clearly identify where specific issues have been addressed and directions followed. If sections overlap in content, then information should be cross-referenced rather than repeated.

 

1.4.3 Appendices

To ensure the main documents within the environmental assessment report remain manageable for reviewers, communities and the general public, any data of a detailed nature shall be contained in appendices and technical reports submitted in support of the primary report.

 

1.4.4 Data Presentation

The proponent should present the environmental assessment report in the clearest language possible. However, where the complexity of the issues addressed requires the use of technical language, a glossary defining technical words and acronyms, should be included. The proponent should provide charts, diagrams and maps wherever useful to clarify the text. Where possible, maps should be of common scale and projection to allow for comparison and overlap of mapped features.

 

1.5 ENVIRONMENTAL ASSESSMENT APPROACH

1.5.1 Build on Current Understanding and Knowledge

Federal reviews of related projects have provided a great deal of understanding and knowledge on the potential environmental effects of mining on northern ecosystems. In addition, a great deal of valuable practical experience has been acquired throughout the construction phase of the NWT's first diamond mine, such as challenges associated with the treatment of sewage and its disposal to a freshwater lake; construction of drainage channels in soils containing permafrost; difficulties with restoration and revegetation programs; the management of increased winter road traffic and the dewatering of lakes. It is important that government, the proponent, Aboriginal organizations and others build upon that knowledge and experience. Although all aspects of the project need to be examined, more resources and attention should be directed to those environmental issues which:

 

    1. are unique to the Diavik Diamonds Project and ongoing with the Canadian diamond industry; and
    2. may have potentially significant impacts on the environment, especially in a cumulative effects context.

 

1.5.2 Environmental Effects Analysis

The environmental assessment approach shall be clearly described and the level of detail will be sufficient to ensure reviewers can easily understand how the direct and indirect potential environmental effects were analysed, what is the significance of these effects before mitigation and how residual effects were determined.

 

The environmental assessment report will provide a comprehensive analysis of the potential short and long-term effects of the project on the physical, biological, social, economic and cultural components as identified in Section 2.2 and how the environment may affect the project. The report will also address issues identified in the consultations to date as identified in the proponent's environmental assessment issues database (Project Description Submission, March 1998). A systems approach incorporating consideration of the biotic, abiotic and anthropogenic components of the environment shall be evident throughout the environmental assessment report.

 

The environmental assessment report will consider potential effects on the social, economic and cultural components described in Section 2.2.2 that arise as a direct result of the project as well as changes to the environmental components caused by the project.

 

1.5.2.1 Information Gaps

Where there are information gaps, the environmental assessment report will assess the significance of the gaps and the actions to be taken to address gaps of significance.

 

1.5.2.2 Significance Criteria

The environmental assessment report shall contain sufficient information to enable reviewers and the public to understand how significance of effects, prior to applying mitigation measures was evaluated. The evaluation process should consider the following criteria:

a. magnitude;

b. geographic extent;

c. timing, duration and frequency;

d. irreversibility of effects;

e. probability of occurrence and confidence levels (risk assessment); and

f. ecological and social/cultural context.

 

 

 

1.5.2.3 Mitigation Measures

The environmental assessment report shall identify technically and economically feasible measures that will be incorporated into the project design to mitigate the potentially adverse effects of the project.

 

Any assumptions or uncertainty surrounding implementation of mitigation measures, such as untested technology, will be clearly stated and evaluated in the report.

 

1.5.2.4 Residual Effects Analysis

The environmental assessment report shall include a detailed analysis that focuses on any potential residual effects that are determined to be significant. The analysis will also include a preliminary assessment of the significance of the residual effects. This should include some form of risk assessment of the reliability of planned mitigation measures and consequences (environmental effects) of potential failure. The final determination of the significance will be determined by federal government.

 

1.5.2.5 Cumulative Effects

Cumulative effects assessment (CEA) involves determining how the effects of the project interact with the effects of projects and activities that have been or will be carried out and evaluating the significance of these combined effects. Cumulative effects may also occur indirectly, may be delayed, or may occur at a distance from project-specific sources.

 

The proponent shall scope the CEA to focus on important ecological, social, economic, and cultural components affected by the project for which residual effects remain after mitigation measures have been implemented. Once these components have been identified, the spatial and temporal boundaries of the CEA shall be established.

 

The intent of the social, economic and cultural CEA is not to provide an exhaustive review of all development and social change in the communities affected, but to provide a broad understanding of the positive and adverse changes occurring within the directly affected communities and the project's contribution to these changes.

 

As the assessment of the cumulative effects may be potentially complex, all steps of the CEA in the environmental assessment report shall be supported by explicit documentation of the assumptions, models, information sources used as well as information limitations and associated levels of uncertainty. The analysis should be quantitative where data are available but where data or models are lacking, best professional judgement may be used. The approach and methodologies used to identify and assess cumulative effects shall be explained.

 

1.5.3 Spatial Boundaries

Spatial boundaries shall be scoped to indicate the range of appropriate scales at which particular baseline descriptions and the assessment of impacts must be presented. For example, if the project results in residual effects to grizzly bears, the spatial boundary of the CEA should encompass the grizzly bear population affected and include regional projects and activities that affect the same population. A similar scoping approach should be taken for social, economic, and cultural components.

The proponent is not required to provide a comprehensive baseline description of the environment at each of the above scales, but shall provide sufficient detail to address the relevant impact issues in an ecosystem context.

 

In determining the spatial boundaries to be used in assessing impacts, the proponent shall consider the following:

 

  1. the physical extent of the project itself and the territory the proponent will control through lease (surface or sub-surface);
  2. the extent of aquatic and terrestrial ecosystems potentially affected by the project (e.g. zone of influence should be defined by range of a species, where their range is within the NWT); and
  3. the zones of economic impact, including local (see Part III, Definitions), territorial and national.

 

1.5.4 Temporal Boundaries

In assessing the impact of the project, the proponent shall cover all phases of the project including construction, operation, closure and post-closure. The analysis should identify the environmental effects both before and after mitigation and the significance of each.

 

For CEA, temporal boundaries shall include:

 

    1. past projects and activities with residual effects currently affecting the environment. This may include, for example, past exploration activities;
    2. existing projects and activities currently affecting the environment; and
    3. future projects and activities (see Part III, Definitions).

 

1.5.5 Traditional Knowledge

Aboriginal peoples living on the land and harvesting its resources have developed through observation, stories and instruction from their elders, an in-depth understanding and a knowledge base of the regional and local environment surrounding the project. This knowledge includes an understanding of the functioning of ecosystems; resource abundance, cycles, and distribution; land and resource management; social, economic and cultural conditions; and the relationships between these factors.

 

As such, traditional knowledge will be an important source of information during the assessment of the project. The proponent, therefore, shall fully consider traditional knowledge where appropriate when assessing the effects of the project.

 

For the purposes of this assessment, traditional knowledge is defined as knowledge and values which have been acquired through experience and observation from the land and/or instruction from elders.

 

This expertise and knowledge are expected to play a valuable role in much of the environmental assessment including: scoping of valued ecosystem components; description of existing environmental conditions; impact predictions; development of mitigation measures and techniques; evaluation of significance; and monitoring and follow-up as required. While the environmental assessment report must not necessarily include the original traditional knowledge data (in recognition of the intellectual property rights of traditional knowledge holders), sufficient information shall be made available (e.g. explanation of cause-effect relationships, explanation of significance or lack of significance of particular habitat or species) so that conclusions can be drawn and understood by reviewers.

 

The proponent shall make all reasonable effort to collect and facilitate the collection of traditional knowledge for integration into the environmental assessment report in collaboration with Aboriginal communities and organizations. The collection of traditional knowledge can be undertaken through community interactions (i.e. meetings) and/or research studies. Where traditional knowledge is not available to the proponent despite appropriate diligence, the proponent will describe efforts taken to obtain it.

 

1.6 FOLLOW-UP PROGRAMS

The environmental assessment report shall describe what reporting (feedback) procedures will be established within the company's organization in regards to the environmental effects monitoring program. The intent is to ensure that remedial actions are taken if the results of a monitoring program deviate from any established operational standards on environmental performance or predictions on environmental effects.

 

The proponent shall also provide information on an environmental effects monitoring program which is designed to determine the actual environmental impacts as compared with those predicted during the environmental assessment process, measure the performance and effectiveness of the mitigation measures, and identify unexpected environmental effects. Once the environmental effects have been determined, the environmental monitoring program will be modified, as appropriate, to ensure compliance with regulatory requirements. Description of the monitoring program should include an explanation of the rationale behind the monitoring program.

 

PART II - ENVIRONMENTAL ASSESSMENT REPORT

2.0 EXECUTIVE SUMMARY

1000 The proponent shall translate the executive summary into the appropriate local Aboriginal languages.

 

2.1 PROJECT DESCRIPTION

2.1.1 Overall Project and Project Setting

1101 The environmental assessment report shall provide a general overview of the project including a description of the general physical, biological and social, economic and cultural setting. The description of the project must cover all components that have the potential to affect the environment.

 

2.1.2 Regulatory Regime

1102 The environmental assessment report shall outline key legislation, including the MVRMA, and policies that are relevant to the licenses and approvals sought by the proponent.

 

2.1.3 Need and Purpose of the Project

1103 The environmental assessment report shall provide a brief description of the need for the project, (i.e. what is the problem or opportunity that the project is intending to solve or satisfy) and the purpose of the project (i.e. what is to be achieved by carrying-out the project).

 

2.1.4 Alternative Means

1104 The proponent must show that it has minimized adverse environmental effects through the consideration of reasonable alternative means of carrying-out the project. The discussion shall describe the main alternative means for project components including alternative locations for the project components (i.e. location of airstrip, waste (country rock) rockpile, etc.), the environmental effects of the alternative means, and a rationale explaining why the alternatives were rejected such as for either technical or economical feasibility.

 

2.1.5 Public Consultation

The proponent shall report on its public consultation including:

 

1105 i. the criteria used by the proponent to determine which parties were consulted, and who was consulted;

1106 ii. the general approach and specific methodologies used to solicit public input throughout the evolution of the project design and during the preparation of the environmental assessment report;

1107 iii. summary of information collected from public consultations and sources of additional information; and

iv. 1108 a summary of how issues raised during the consultations were considered and addressed by the proponent.

 

 

2.1.6 Traditional Knowledge

The environmental assessment report shall:

 

1109 i. include a description of how traditional knowledge (including existing traditional knowledge reports) influenced the methodology used by the proponent to collect and incorporate traditional knowledge;

1110 ii. include details on the methodology used to collect traditional knowledge, such as:

1111 a. general format and location of meetings;

1112 b. what type of background information was provided at each meeting;

1113 c. the general amount of time provided to prepare comments; and

1114 d. an indication of the level of community participation (including elders, women, and youth).

1115 iii. include a table briefly summarizing the results of key meetings;

1116 iv. include information on how individual traditional knowledge studies were designed, how information was collected (e.g. interviews, questionnaires), who participated in the studies, how they were selected, and how information collected was verified by the providers of the information and the community, where appropriate;

1117 v. provide a summary of where traditional knowledge was used in the project.

1118 vi. where traditional knowledge is not available despite appropriate diligence, provide a description of efforts made to attain it.

 

2.1.7 Tenure

1119 The proponent shall clearly delineate the territory that it will control through lease or other tenure arrangements.

 

2.1.8 Performance Record

1120 The environmental assessment report shall briefly summarize, over the last ten-year period, the proponent's corporate history, and that of its joint venture partner, Aber Resources Ltd. and its parent company Rio Tinto. The discussion shall include project ownership, organizational structure identifying organizational responsibilities for mine development and operations, an environmental performance record at the current site, other mining development sites and previous mining experience relevant to the current project.

 

2.2 DESCRIPTION OF THE EXISTING ENVIRONMENT

The proponent shall use a systems approach (see Section 1.5.2) to ensure that linkages between the components listed below are described. The data should be quantitative so as to lend itself to an assessment of trends and impacts over time. The description of the environment shall cover:

 

2.2.1 Physical and Biological Environment

 

2101 i. air quality and climate

2102 ii. water quality and quantity

2103 iii. aquatic organisms and habitat

2104 iv. wildlife and wildlife habitat, including migratory birds

2105 v. vegetation and plant communities

2106 vi. terrain, surficial geology, bedrock and soils

 

 

2.2.2 Social, Economic and Cultural Environment

The baseline data will be community-specific and it shall consist of:

2107 i. social and cultural patterns

2108 ii. human health

2109 iii. economy

2110 iv. employment, education and training

2111 v. land and resource use

2112 vi. infrastructure

2113 vii. government

2114 viii. cultural resources

 

2.3 ENVIRONMENTAL EFFECTS ASSESSMENT

The environmental assessment report shall consider the following:

 

2.3.1 Spatial and Temporal Boundaries

3100 The environmental assessment report shall contain a justification and rationale for all boundaries and scales chosen.

2.3.2 Project Components

2.3.2.1 Retention Dikes, Open Pit and Underground Mining:

The environmental assessment report shall describe and assess the effects of open pit and underground mining, taking into account the following:

3101 a. predicted impacts during the construction of the retention dikes;

3102 b. permeability of the pits, retention dikes, North Inlet dike and mine workings;

3103 c. dikes and the immediate and downstream effects of dewatered areas of the lake on habitat, aquatic organisms and water circulation;

3104 d. plans for managing pit water, dike seepage and ground water seepage into both pits and underground workings;

3105 e. experience gained by others in constructing and maintaining dikes under similar conditions;

3106 f. stability of water retention dikes;

3107 g. salinity and general characterization of ground water; and

3108 h. permafrost intrusion and winter operations.

 

3109 The environmental assessment report should consider the experience of other diamond mines and comparable operations in dewatering northern lakes, including observed environmental effects and practical challenges to performing the action.

 

2.3.2.2 Tailings (Processed Kimberlite) Containment Areas:

The environmental assessment report shall describe and assess the environmental effects of the tailings (processed kimberlite) containment area, taking into account the:

  1. 3110 design, location and capacity for the tailings (processed kimberlite) containment areas;
  2. 3111 permeability of the impoundment structure and seepage containment;
  3. 3112 design and location for the slurry pipeline and reclaim water pipelines;
  4. 3113 technique and plans for filling the facility including winter operations;
  5. 3114 characterization and toxicity of the tailings (processed kimberlite); and
  6. 3115 effluent treatment and discharge.

2.3.2.3 Waste Rock (Country Rock), Ore and Overburden Storage:

The environmental assessment report shall describe and assess the environmental effects of the waste rock, ore and overburden storage, taking into account the:

  1. 3116 design (height, topography, spatial extent, volume, etc.) and location for the waste rock, ore and overburden storage sites;
  2. 3117 characterization of the material to be stored;
  3. 3118 plans for transporting and handling of materials;
  4. 3119 seepage character, volumes and drainage containment;
  5. 3120 run-off control and containment (surface, ore stockpile and waste rock stockpile); and
  6. 3121 potential for revegetation (including any studies which have been initiated to aid in this determination).

 

2.3.2.4 Processing and Plant Site Infrastructure:

The environmental assessment report shall describe the plans for the mill including the:

    1. 3122 milling process;
    2. 3123 chemical/material additives;
    3. 3124 solid and liquid waste production;
    4. 3125 water use;
    5. 3126 atmospheric emissions;
    6. 3127 associated infrastructure (i.e. pipelines, buildings); and

3128 g. associated environmental effects.

 

2.3.2.5 Natural Drainage Diversion:

The environmental assessment report shall describe and assess the effects of the plans for managing the diversion of drainage systems. The analysis must consider:

  1. 3129 the challenges encountered by other diamond mines and other comparable operations in constructing drainage diversions; and
  2. 3130 the potential for mobilizing sediments and disturbing existing terrain.

 

2.3.2.6 Sewage and Solid Waste Management:

The environmental assessment report shall provide a description and assess the effects of the plan for managing solid waste generated by the project development. The discussion shall include consideration of:

    1. 3131 recycling options;
    2. 3132 back hauling; and
    3. 3133 landfill segregation.

 

The environmental assessment report will also assess the environmental effects associated with sewage and provide a description of the plan for managing sewage. The analysis will consider:

 

    1. 3134 the challenges encountered by the other comparable mining operations in treating and disposing of sewage in a northern ecosystem; and
    2. 3135 nutrient levels, biological oxygen demand, winter oxygen levels of receiving water bodies.

 

 

2.3.2.7 Hazardous Materials Management:

3136 The environmental assessment report shall describe the environmental effects associated with plans for transporting, handling, storing, using and disposing of hazardous materials.

 

In addition, the environmental assessment report shall describe

  1. 3137 measures for handling and using explosives, such as ANFO, in the open pits and other sites where blasting is required;
  2. 3138 potential impacts to water quality from residue; and
  3. 3139 how blasting residue will be minimized.

 

2.3.2.8 Power:

3140 The environmental assessment report shall describe the plans for power production and assess the potential environmental effects associated with this project component.

 

The discussion must also cover options for:

    1. 3141 optimizing energy production;
    2. 3142 minimizing air emissions; and
    3. 3143 conserving end-use for all components of the project.

 

2.3.2.9 Air and Ground Traffic:

The environmental assessment report shall assess the potential environmental effects relating to the use of the:

  1. 3144 airstrip;
  2. 3145 helipad;
  3. 3146 all-season roads; and
  4. 3147 winter roads.

 

The analysis of the environmental effects should consider the type, frequency and timing of surface and air traffic.

 

2.3.2.10 Borrow Pits and Quarry Sites:

With respect to borrow pits and quarry sites, the environmental assessment report shall include:

    1. 3148 plans for the location;
    2. 3149 configuration;
    3. 3150 site reclamation; and
    4. 3151 an analysis of associated environmental effects.

 

2.3.2.11 Site Facilities and Infrastructure:

3152 The environmental assessment report shall describe the plans for all site facilities and associated infrastructure and assess the associated environmental effects.

 

2.3.2.12 Accidents and Malfunctions:

The environmental assessment report shall describe emergency plans and include an assessment of the effects of the project including the probability of occurrence, related to:

 

  1. 3153 fuel and other hazardous material spills as well as pipeline failure;
  2. 3154 water inputs, which exceed retention capacity of the containment areas;
  3. 3155 accidents or malfunctions of key project components such as the tailings (processed kimberlite) containment areas and all dikes;
  4. 3156 the tailings (processed kimberlite) containment areas, waste rock (country rock), ore stockpile and overburden storage sites, open pits, sewage facilities and underground workings in the event of a temporary shutdown;
  5. 3157 failures during the milling process; and
  6. 3158 general emergency situations (i.e. fire, natural disasters).

 

2.3.2.13 Development Sequence:

3159 The environmental assessment report shall describe the overall analysis of environmental effects associated with the schedule for project development including the timing, type and scale of the project development through to closure and post-closure.

 

2.3.2.14 Exploration Program:

3160 The environmental assessment report shall consider the potential environmental effects from any current exploration activities that utilize the project infrastructure.

 

2.3.2.15 Closure Program:

The environmental assessment report shall provide, assess the impacts associated with, and evaluate the level of confidence associated with implementing, the following plans:

 

    1. 3161 salvaging soils (volume and type) and lake sediments;
    2. 3162 proposed end land uses;
    3. 3163 re-establishing plant communities and a productive landscape for wildlife;
    4. 3164 reclamation of containment areas;
    5. 3165 reclamation of the waste (country) rock piles;
    6. 3166 reclamation of roads;
    7. 3167 reclamation of the dikes (i.e. breaching the dikes);
    8. 3168 reclamation of the open pits (mine sites);
    9. 3169 re-establishing stable surface drainage and lake recharge; and
    10. 3170 all site facilities (i.e. camp, borrow pits).

 

The report must describe:

  1. 3171 opportunities and plans for progressive reclamation, experimentation and research work that can begin as early as possible in the life of the project; and
  2. 3172 how the design of project components can assist in meeting the objectives for reclamation.

 

2.3.2.16 Technological Innovation:

3173 The environmental assessment report should describe any processes which will be implemented by the mine to develop or monitor the development of new technologies on topics such as effluent containment facilities, mining closure programs, dikes and environmental monitoring.

 

 

2.3.3 Physical and Biological Environmental Components

2.3.3.1 Air Quality and Climate:

3174 The environmental assessment report must assess potential effects of the project on air quality. The analysis shall include a discussion of measures designed to minimize the release of air contaminants (dust, particulate exhaust fumes and other air contaminants).

 

The analysis should also include:

 

  1. 3175 atmospheric dispersion of emissions on a local and regional scale;
  2. 3176 CO2 emissions;
  3. 3177 atmospheric conversion processes of emissions (e.g. secondary particulates) and linkages between chemical species, the environment and human health; and
  4. 3178 potential biological receptors such as vegetation and wildlife.

 

2.3.3.2 Water Quality and Quantity:

The environmental assessment report shall provide an analysis of project effects on surface and ground waters. This analysis shall include the impacts on water quality and quantity, catchment areas and permafrost in relation to:

 

    1. 3179 dredging, in-filling, and effects of blasting and its associated residues;
    2. 3180 plans for collecting and treating wastewater and surface runoff;
    3. 3181 pit dewatering, including the experience at other comparable operations and its applicability to this project;
    4. 3182 ground water seepage (through water retention dikes, into pits and underground); and
    5. 3183 water management (inputs, outputs, reuse).

 

The assessment of impacts on water quality should also consider:

 

    1. 3184 contaminant loading and dispersion (including surface runoff and airborne contaminants);
    2. 3185 acid rock drainage, metal leaching and geochemistry;
    3. 3186 sedimentation (plumes and dispersion); and
    4. 3187 associated kimberlite toxicity and implications for aquatic wildlife.

 

3188 The Canadian Water Quality Guidelines (Canadian Council of Ministers of the Environment) and natural background water quality levels in the project area will serve as important reference points in the analysis of environmental effects on water quality. A water balance must be included for the open pits, water retention dikes, underground workings, mill and tailings (processed kimberlite) containment areas.

 

2.3.3.3 Aquatic Organisms and Habitat:

3189 The effects on aquatic organisms and their habitat shall be considered with respect to the issues listed in 2.3.3.2.

 

The analysis of project effects shall include:

 

  1. 3190 productive capacity of aquatic systems during construction, operations, closure and post-closure;
  2. 3191 water quality;
  3. 3192 habitat loss or alteration;
  4. 3193 rare and/or sensitive fish species and habitat;
  5. 3194 mortality (includes fishing); and
  6. 3195 noise.

 

3196 The principle of No Net Loss (Policy for the Management of Fish Habitat, DFO, 1986) of fish habitat is to be addressed when the loss of lake and stream habitat is being considered and when various project components are restored (i.e. dikes and waste rock piles). As such, the environmental assessment report shall include an overview of how this principle will be achieved during the construction, operation and decommissioning stages of the project.

 

2.3.3.4 Wildlife and Wildlife Habitat:

The environmental assessment report shall provide an analysis of potential project effects (both direct and indirect) on wildlife and wildlife habitats, including migratory birds giving consideration to the issues listed in 2.3.3.1 and 2.3.3.2. Special consideration shall be given to species listed as vulnerable or endangered on the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) list.

 

The analysis of project effects should include:

 

    1. 3197 habitat loss or alteration (e.g. fragmentation, connectivity);
    2. 3198 mortality (includes hunting);
    3. 3199 displacement;
    4. 3200 disruption of movement (e.g. migration, home ranges, etc.);
    5. 3201 altered interspecific relationships; and
    6. 3202 noise.

 

3203 The report should assess the implication of these effects on the overall health of wildlife populations, communities, and ecosystems.

 

2.3.3.5 Vegetation and Plant Communities:

The environmental assessment report must analyse potential project effects on

  1. 3204 local plant communities (i.e. vascular, non-vascular and wetland);
  2. 3205 plant phenology;
  3. 3206 any rare or highly valued species; and
  4. 3207 effects to plants from contaminants originating from project activities.

This should include a quantitative account of loss of plant communities and could be presented in conjunction with wildlife habitat data. The information will be useful to reclamation programs in terms of re-establishing plant communities.

 

 

 

2.3.3.6 Terrain, Surficial Geology, Bedrock and Soils:

The assessment must include a determination of project effects on the environment when land resources are disturbed or used for construction purposes. The analysis of project effects should include:

  1. 3208 overall stability;
  2. 3209 permafrost and ground ice;
  3. 3210 seismicity;
  4. 3211 rock heave; and
  5. 3212 geochemistry.

 

2.3.3.7 Biological Diversity

3213 The environmental assessment report must consider potential project effects on the biodiversity of local flora and fauna.

 

2.3.3.8 Pollution Prevention

3214 The environmental assessment report shall highlight any pollution prevention measures to be implemented in all phases and components of the project. Pollution prevention is defined by the federal government in Environment Canada's Pollution Prevention: A Strategy for Action, June 1995. The federal strategy on pollution prevention links the concept of pollution prevention with sustainable development - a vision that includes a clean healthy environment and strong, healthy economy. The focus is on avoiding the creation of pollutants rather than trying to manage them after they have been created.

 

2.3.4 Social, Economic and Cultural Components

2.3.4.1 Social and Cultural Patterns:

The environmental assessment report shall analyse the potential project effects on social and cultural patterns. Consideration must be given to the effects of the project on:

    1. 3215 cultural well-being using indicators defined by the affected traditional groups (i.e. Yellowknives Dene First Nation, Lutsel K'e Dene Band, etc.);
    2. 3216 social stability (on alcohol and drug problems, on crime and violence, etc.); and
    3. 3217 community wellness using indicators defined by the affected communities.

 

2.3.4.2 Human Health

3218 The environmental assessment report shall analyse the potential project effects on human health (i.e. physical health, including death and disease rate, psychological, emotional, spiritual, or mental health and wellness).

 

2.3.4.3 Economy

The effect of the project over its life on the economy, having regard to direct, indirect and induced effects on income and employment. Consideration must be given to the effects on:

    1. 3219 wage and salary employment by skills category over the life of the project, including estimates of local and Aboriginal participation;
    2. 3220 the traditional economy;
    3. 3221 the relationship between the wage economy and the harvesting economy;
    4. 3222 activities such as tourism, outfitting, harvesting and recreation;
    5. 3223 prices and cost of living;
    6. 3224 opportunities for local, regional and territorial businesses to supply goods and services both directly to the project and to meet the demand created by the expenditure of new income by employees and suppliers; and,
    7. 3225 opportunities to diversify the northern economic base to produce and to supply new goods and services.

 

2.3.4.4 Employment, Education and Training

The effect of the project on opportunities for participation by male and female territorial workers in wage and salary employment, considering such factors as:

  1. 3226 number of jobs to be created and the skill sets required;
  2. 3227 the effect of competition for labour between the project and existing businesses, institutions and traditional activities;
  3. 3228 the adequacy of training opportunities available to northern women and men to take advantage of jobs created by the project, including apprenticeship opportunities and training undertaken by the proponent;
  4. 3229 the extent to which skills of available workers match job requirements, the level of interest in mining work, and commuting arrangements to allow these workers to reach the site; and
  5. 3230 barriers to employment such as child/elder care issues.

 

2.3.4.5 Land and Resources Use:

3231 The proponent shall assess the effects of the project on changes in the use of land and renewable resources, including traditional land use, hunting, trapping or outfitting areas, commercial, Aboriginal and sport fishing areas, protected areas (see Part III, Definitions), recreation areas, navigable waters, and industrial and commercial areas.

 

2.3.4.6 Infrastructure:

3232 The proponent shall assess the impacts of the project on existing social, institutional and community services, transportation facilities, services, infrastructure (e.g. transportation safety and public satisfaction with infrastructure), and permanent changes to the infrastructure and services arising from the project.

 

2.3.4.7 Government:

3233 The proponent shall assess the effects of the project on revenues accruing to federal and territorial governments, and the net incremental costs to these governments arising from the project.

 

2.3.4.8 Cultural Resources:

3234 The environmental assessment report shall describe potential effects of the project on heritage resources (see Part III, Definitions) and things of paleontological significance.

 

2.3.5 Impacts of the Environment on the Project

3235 The environmental assessment shall include a discussion of the effects of the environment on the project. This shall consider such things as severe weather events and climate change.

 

3236 The discussion must specifically describe and assess how the potential for climate change (global warming) could affect permafrost and soils with high ice content in relation to the integrity of the project infrastructure, particularly the tailings (processed kimberlite) containment impoundment, water retention dikes and waste rock piles).

 

2.3.6 Renewable Resources

3237 The environmental assessment report must consider the effect of the project on the capacity of the renewable resources that are likely to be significantly affected to meet present and future needs.

 

2.3.7 Mitigation Measures

3238 A summary of all impacts and their significance shall precede the identification of the mitigation measures of these impacts. The summary should clearly highlight those impacts of greater importance and those which may require extensive mitigation measures and monitoring.

 

Giving consideration to the physical, biological, social, economic and cultural effects, the environmental assessment report shall clearly address the following:

 

  1. 3239 the general and specific mitigation measures that are planned and what they are designed to minimize;
  2. 3240 how effective (confidence level) these measures will be in addressing identified environmental effects;
  3. 3241 the anticipated residual environmental effects and a preliminary assessment of their significance after mitigation;
  4. 3242 the potential environmental effects associated with the failure or malfunction of the mitigation measure;
  5. 3243 other mitigation measures that were considered and explain why they were rejected. Tradeoffs between cost savings and effectiveness of the mitigation measures must be justified; and
  6. 3244 contingency measures for accidents failures and malfunctions as described on the listing in 2.3.2.12.

 

The proponent shall describe any commitments, policies and arrangements directed at promoting positive effects and avoiding or mitigating negative effects, including sub-contractors' commitment to policies.

 

The environmental assessment report will include the proponent's policies and/or statements on:

 

  1. 3245 preserving the environment;
  2. 3246 limiting the use of fresh water (e.g. recycle, re-use);
  3. 3247 the impending Protected Areas Strategy;
  4. 3248 abandonment and reclamation and progressive reclamation;
  5. 3249 commuting, work rotation, and measures to encourage local residency of workers;
  6. 3250 recruitment, training, hiring and employment counselling, including those policies specifically for women, Dene, Inuit and Metis candidates and those promoting female and Aboriginal participation;
  7. 3251 orientation to the workplace, cross-cultural programs and personal counselling;
  8. 3252 education for appropriate personnel to ensure they are aware of their role in the protection of the environment and in emergency response plans;
  9. 3253 occupational health and safety, and response plans for workplace accidents;
  10. 3254 security management;
  11. 3255 reducing the potential for social problems on the job-site or in the home communities resulting from the project, including the policy on alcohol and drugs on the job site;
  12. 3256 accommodating Aboriginal personnel wishing to pursue harvesting and traditional activities;
  13. 3257 use of committees and liaison arrangements to respond to issues raised by employees;
  14. 3258 contracting and procurement, including those which promote local sourcing, participation of local businesses and opportunities for northern businesses;
  15. 3259 education and training, entry requirements, career development counselling, and training for entry, on the job and post-project employment;
  16. 3260 encouraging NWT youth to consider and pursue education, training and employment opportunities; and
  17. 3261 cultural and traditional lifestyles (e.g. traditional foods for employees, on-site cultural activities, etc.).

 

2.3.7.1 Compensation

3262 The proponent shall provide key elements of its policy on individual compensation and on compensation agreements, contracts or other forms of compensation they have or will negotiate as it relates to mitigating adverse environmental effects, within the confines of confidentiality.

 

2.3.8 Cumulative Effects Analysis

The proponent shall:

  1. 3263 describe and assess how the effects of the project may interact with other past, existing or future projects and activities to affect the physical, biological, social, economic and cultural components;
  2. 3264 predict their cumulative effects;
  3. 3265 suggest how these cumulative effects should be avoided, mitigated, and managed; and
  4. 3266 identify how the proponent plans to monitor residual cumulative effects.

 

2.4 FOLLOW-UP PROGRAM

4001 The proponent shall provide information on an environmental effects monitoring program related to the impacts on the components and associated mitigation measures as determined in section 2.3.

 

4002 The proponent shall provide information on the various environmental management plans such as air quality, water quality, materials management, wildlife, traffic, aquatic life, waste, quarry and environmental monitoring and social, economic and cultural monitoring as required. The plans should include quality control and assurance programs, environmental awareness training for employees and contractors, detailed environmental mitigation measures, any monitoring programs and an assignment of roles and responsibilities. Consideration should also be given to the potential for the involvement of communities and non-governmental groups and a brief description of mechanisms to compile, interpret, report and maintain data/information.

 

PART III - DEFINITIONS

Abandonment: The point in time when the acquired lease or other tenure arrangements are relinquished.

 

Closure: The point in time when the mine permanently ceases production, including the decommissioning and reclamation of the site and the implementation of monitoring post-closure programs.

 

Decommissioning: The period of time where the mine no longer functions as a mine, or a part thereof, as described in the lease or tenure arrangements.

 

Environment: defined in CEAA as "including land, water and air, all organic and inorganic matter, and the ecosystems in which they interact.

 

Environment: defined in MVRMA as the "components of the Earth and includes: land, water and air, and all layers of the atmosphere; all organic and inorganic matter and living organisms; and, the interacting natural systems that include components referred to here".

 

Future Projects and Activities: Projects and activities which have been approved; which are currently under regulatory review; or whose submission for regulatory review is imminent, as determined by the existence of a project description in the possession of the federal government and publicly available on the day these guidelines are issued.

 

Harvesting: defined in MVRMA as "in relation to wildlife, means hunting, trapping or fishing activities carried on in conformity with a land claim agreement or, in respect of persons and places not subject to a land claim agreement, carried on pursuant to aboriginal or treaty rights".

 

Heritage Resources: defined in MVRMA as "archaeological or historical sites, burial sites, artifacts and other objects of historical, cultural or religious significance, and historical or cultural records".

 

Impact on Environment: defined in MRVMA as "any effect on land, water, air or any other component of the environment, as well as on wildlife harvesting, and includes any effect on the social and cultural environment or on heritage resources".

 

Local: Affected communities and land users in the area.

 

Post-Closure: The period of time following closure until lease or tenure arrangements are relinquished.

 

Protected Areas: Those areas meeting the criteria under the International Union for the Conservation of Nature (IUCN) definition being an area of land or sea especially dedicated to the protection and maintenance of biological diversity, and its associated natural and cultural resources, managed through legal or other effective means and those existing protected areas designated under federal and territorial legislation, and land claim agreements.

 

Reclamation: Activities undertaken to modify and reclaim the land and water to acceptable standards.

 

Section 115 MVRMA: The process established by this Part shall be carried out in a timely and expeditious manner and shall have regard to a) the protection of the environment from the significant adverse impacts of the proposed developments; and b) the protection of the social, cultural and economic well-being of residents and communities in the Mackenzie Valley.

 

Subsection 117(2) MVRMA: Every environmental assessment and environmental impact review of a proposal for a development shall include a consideration of a) the impact of the development on the environment, including the impact of malfunctions or accidents that may occur in connection with the development and any cumulative impact that is likely to result from the development in combination with other developments; b) the significance of any such impact; c) any comments submitted by members of the public in accordance with the regulations or the rules of practice and procedure of the Review Board; d) where the development is likely to have a significant adverse impact on the environment, the imposition of mitigative or remedial measures; and e) any other matter, such as the need for the development and any available alternatives to it, that the Review Board or any responsible minister, after consulting the Review Board, determines to be relevant.

 

Tailings: Material rejected from the mill after the recoverable valuable minerals have been extracted. Also referred to as processed kimberlite.

 

Waste Rock: All materials, except ore and tailings, which are produced as a result of mining. Also referred to as country rock.