Dominion Diamond Ekati ULC’s Misery Underground Project Presentation to the Wek’ èezhìi Land and Water Board Public Hearing Behchok ǫ̀ , NT February 7, 2018 1
Overview Fisheries and Oceans Canada (DFO) – 1. Fisheries Protection Program • Mandate and Legislation 2. Intervention Report Comments and Recommendations Questions 3. 2
DFO’s Fisheries Protection Program Mandate The mandate of the Fisheries Protection Program is to maintain the sustainability and ongoing productivity of commercial, recreational and Aboriginal fisheries. The Fisheries Protection Program has a shared responsibility for the administration of the fisheries protection provisions of the Fisheries Act. J. Stewart DFO 3
Fisheries Protection Program Legislation • Fisheries Act • Section 35 • States that no person shall carry on any work, undertaking or activity that results in serious harm to fish that are a part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery • Allows for authorization of impacts with conditions and the requirement of an offsetting plan • Sections 20, 21 • Pertains to the provision of sufficient water and unimpeded fish passage 4
Technical Comments and Recommendations 5
Change in flow from the King Pond Settling Facility Issue: • Reduced flows resulting from the cessation of discharge from King Pond Settling Facility has the potential to cause impacts to fish and fish habitat in the connected downstream waterbodies. 6
Change in flow from the King Pond Settling Facility 7
Change in flow from the King Pond Settling Facility Recommendations 1. For the Developer to monitor water levels and fish downstream of the King Pond Settling Dominion Diamond Ekati ULC Facility beginning the year when no water will be pumped from the King Pond Settling Facility to downstream watercourses. This is to ensure that water levels will be sufficient for fish spawning and eggs hatching. DFO also recommends that the Developer provide details with respect to potential actions that will be taken should low water levels be detected. 8
Change in flow from the King Pond Settling Facility Recommendations 2. For the Developer to provide further assessment of potential impacts to fish and fish habitat during the critical period of spring to early summer. 9
Existing Fisheries Act authorization SC00028 Issue: • Loss of fisheries productivity from extended use of King Pond as a Settling Facility • Current offsetting plan is to restore and rehabilitate King Pond to support fish Dominion Diamond Ekati ULC
Existing Fisheries Act authorization SC00028 Recommendations 1. For the Developer to clarify the timing associated with the use of King Pond as a settling facility and provide updated details regarding the timing for the reclamation of King Pond and King-Cujo stream. 2. DFO-FPP will require DDEC to undertake additional accounting of the potential loss in fisheries productivity caused by the increased time lag associated with the use of King Pond Settling Facility and its reclamation. This can be provided to DFO as part of their updated No Net Loss Plan. 11
Re-filling of King Pond Issue Dominion Diamond Ekati ULC Limited details provided on: 1. Source of water used to re-fill King Pond 2. King Pond Refill duration 12
Re-filling of King Pond Recommendations Dominion Diamond Ekati ULC 1. For the Developer to provide more details to clarify the water source(s) that will be used to re-fill King Pond and the expected duration of the refilling during the restoration procedures. 13
Thank you Mahsı̀ Questions? 14
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