Review Comment Table

Board: MVEIRB Developer's comments on the Terms of Reference for the revised highway Review Item: project. (EA1213-02) File(s):

Proponent: GNWT - Department of Transportation GNWT Comments on Terms of Reference due to revised Project Description Document(s): (0.5 mb) Item For Review Dec 3 at 16:26 Distribution List Distributed On: Reviewer Comments Due Dec 19, 2014 By: Proponent Responses Due Jan 23, 2015 By: This document is the Developer's comments on the Terms of Reference Item based on the revised Mackenzie Valley Highway project (Wrigley to Norman Description: Wells).

Reviewers are asked to provide comment on the Developer's comments on the Terms of Reference.

Background - The Developer initially applied for an all-season highway from Wrigley to the Dempster highway near . Based on this application the Review Board issued the Terms of Reference on Dec 23, 2014. On Aug 29, 2014 the developer submitted a revised project description for an all season highway from Wrigley to Norman Wells. Because the project description changed the Review Board requested that the Developer review the existing General Terms of Reference for conformity with the revised project description. The Reviewer Developer submitted its response on Nov 27, 2014. The purpose of this Information: review is to allow reviewers to provide comment on the Developer's proposed changes to the Terms of Reference.

Comments from Reviewers are due by Dec 19. The Developer will then provide its response to Reviewer comments by Jan 23, 2015.

The Review Board will consider comments from the Developer and Reviewers when issuing the Terms of Reference for the revised Mackenzie Valley Highway project. Contact Simon Toogood 867 766-7053 Information:

Comment Summary

Gov of Canada: David Alexander

Reviewer ID Topic Proponent Response Comment/Recommendation

1 Transport Comment Does not address Jan 28: Canada (TC- Transport Canada's mandate. Comment: Section 2.3 speaks to Aboriginal Consultation. Sect 1) - 7.3.1.2 Recommendation Describe (Water quality and quantity) speaks to impacts of the highway Culture and the results of Aboriginal on navigable waterbodies. There is no Section 7.3.1.2; howeve traditional consultation specifically section on Culture and traditional land use (Section 7.3.13) whi land use related to navigation on that all sites along the route are to be identified, and this would navigable waterways in the navigable water sites and any other site. To identify only one c project area. this section would not capture the intended holistic intent. Secti (Land Use) also includes “effects to traditional land use, tourism hunting, fishing, recreation and other non-traditional uses,” whi capture navigation of navigable waterbodies. As outlined in Sec developer will make all reasonable efforts to incorporate traditi knowledge from Aboriginal culture holders as a tool to collect and evaluate the specific impacts required in this Terms of Refe Therefore, in order to evaluate navigable waterways in sections and 7.3.14, the information gathered from aboriginal consultati will be utilized. Recommendation: To ensure navigation on navigable waters is addressed, Section 7.3.14 will be expanded upon so that the exi point will read: Effects to protected areas, parks, navigable wat environmentally and culturally sensitive areas. Renewable Resource Board: Catarina Owen

Reviewer ID Topic Proponent Response Comment/Recommendation

1 General - The Comment (Submitted after change of Due Date) The reviewer has "operation" changed "operations" to "use" to "use" in several instances. Recommendation The term "operations" should remain intact because future operations could have environmental effects. For example, the height of snow plowed to side of roads could create barriers to wildlife and materials used on road (e.g., dust suppression) could contaminate the environment. "Operations" should remain in "terms of reference" 2 General - Comment (Submitted after Addition of Due Date) The reviewer has "use" added the term "use" of the road. This is valuble because it implies the routine traffic (e.g., public and commercial) that will "use" the highway. Operation and use have different meanings that needs to be clarified. These terms should be defined. Recommendation The addition of the term "use" should be added in addition to "operations". 3 Section 3.1 - Comment (Submitted after Scope of Due Date) There needs to be Development consistency and well defined terms desribing scope of highway impacts. Recommendation Scope of work should include the construction, use (e.g., by public etc.), operations (e.g., maintenance), and reclamation of the highway. Clearly defined definitions are required and consistent use of terms is needed. 4 Section 3.1 - Comment (Submitted after Scope of Due Date) Reviewer has Development removed "reclamation of highway" from scope (Section 3.1). Reclamation of the highway or sections of the highway may occur if areas of the highway are straighten, for example. It is short-sighted to assume the highway will not change in a relatively short period of time (e.g., 10 years). Recommendation Reclamation of the highway should remain in the TOR (Section 3.1) 5 Section 3.1 - Comment (Submitted after Scope of Due Date) Reviewer has Development indicated that ongoing maintentance has an insignificant impact. As previously discussed this not necessarily true as maintenance (i.e. snow plowing, dust suppression material) could effect the environment. It is not the reviewers job to determine "signficance" or "non - significance", it is the job of the people completing the EA. Recommendation Potential impacts of maintenance and operation should be included in scope of environment assessment. 6 Section 3.4 - Comment (Submitted after Temporal Due Date) Reviewer has Scope removed two paragraphs that describe procedures that should be considered if there is a delay in the project. The reviewer has indicated that paragraphs are not needed because no delays are anticipated. The reviewer has no way of anticipating future events. The paragraphs are important because unforeseen event could impact project. A delay of a season could see a change in both caribou population and migration routes. Recommendation The two removed paragraphs should remain. If there is no delay in project no additional work will be required; however, if there is a delay it reasonable to require that predictions of assessment are revisited. 7 Section 3.5 - Comment (Submitted after Consideration Due Date) the TOR requires of that the DAR must identify Alternatives and describe alternative methods of highway construction and operation etc. The reviewer has removed " the DAR must also describe the environmental effects of each alternative method". The reviewer has indicated that the meaning of sentence is capture in the that following sentence. The following sentence states "the relative consideration of environmental effects". The removed sentence has more specific language and this is important and is not redundant. Recommendation Keep the removed sentence as it provides clearer direction. 8 Section 4.1 - Comment (Submitted after Impact Due Date) The reviewer has assessment removed directions based on steps the assumption the project will be started immediately. The reviewer cannot predict future events. Recommendation Removed informaton should remain. 9 Section 5.1.1 Comment (Submitted after -Terrain, Due Date) The reviewer has geology, removed the requirement of soils, and describe mitigation measures permafrost that will be effective for a changing climate. Describing mitigation seems reasonable. Recommendation This requirement should remain. 10 Section 6.1 - Comment (Submitted after Project Due Date) The reviewer has components removed "routine and activities maintenance activites" and "ongoing operations and maintenance of the all weather highway". These are important considerations because these activities will contribute to the long-term effects of a new highway. Operation and maintenance need to be considered. Recommendation As previously stated references to operations and maintenance should remain in TOR. 11 Section 6.2 - Comment (Submitted after Development Due Date) Reviewer has phases and removed the requirement to schedule identify overall capital costs claiming it will skew contract negotiations. Actually it will provide better direction to bidding contractors and allow the preparation of better more informed bids. In addition, the capital cost will be need to evaluate socio-economic impacts. Recommendation Requirement for overall capital costs should remain. 12 Section 7.2.2 Comment (Submitted after -Caribou, Due Date) Review has moose and changed "changes in the harvesting quality of harvested species (including contamination) that would negatively affect their consumption" to "Contaminant levels in harvested species that could be changed by highway". The reviewer has assumed that the quality of harvested species is only due to contaminant levels. This is likely untrue. For example, increased traffic could increase stress to wildlife affecting animal condition and negatively affect consumption. All changes in "quality" of species needs to be assessed. Recommendation Original clause should remain unchanged. 13 Section7.3.4 - Comment (Submitted after Water quality Due Date) Reviewer has and quantity restricted water quality parameters to turbidity and total suspended solids. Reviewer has assumed that these are the only water quality objectives that will be affected by highway construction and operations. The EA should identify all potental water quality objectives. For example, parameters such as metals and petroleum hydrocarbon might be important in some cases. Recommendation Remove addition referring only to turbidity and TSS 14 Section Comment (Submitted after 7.3.12 - Due Date) The reviewer has Country removed "and related sources Foods of contaminants". They justify it because it is unclear how baseline could be established. This should be dealt with by those completing the EA (i.e., identification of baseline and how to establish, if required). Recommendation Leave Country food section unchanged. 15 Section Comment (Submitted after 7.3.14 - Land Due Date) Reviewer has Use removed a requirement for identification of non conformity with the Sahtu Land Use Plan. The EA may identify issues, not previously known, that may not or do not conform with the Sahtu Land Use Plan. It will be easier for EA reviewers and decision makers if these issues are identified and stated clearly so appropriate decisions and possible changes to the project can be made. Recommendation The identification of issues that may not non-conformity should be kept and add a requirement for discussion of non-conformity. 16 Section 10 - Comment (Submitted after Cumulative Due Date) Reviewer has Effect replaced highway with Assessment project footprint. In (page 37) introductory paragraph it clearly states with emphasis that the "contribution of the highway to the overall effect" must be considered. It is likely that the largest environmental effects of the project will be the HIGHWAY and will be long- term and potentially signficant. The actual construction of the highway will be short-term and likely have a negligible or small effect. It is critical that the ToR directs the proponents of the highway to measure the effects of the HIGHWAY (including maintenance, operations, and use) not just the construction. Recommendation Do not change highway to project footprint. 17 Section 11 - Comment (Submitted after Follow-up Due Date) Reviewer has and removed "and operation" monitoring Recommendation This should not be changed.

Distribution List Developer's comments on the Terms of Reference for the revised highway project.

File(s): Proponent: GNWT - Department of Transportation Reviewer Comments Due By: Dec 19, 2014 Proponent Comments Due By: Jan 9, 2015 Document(s) GNWT Comments on Terms of Reference due to revised Project Description Contact Information Simon Toogood 867 766-7053([email protected])

Sent To Organization User Email AANDC AANDC, Consultation and [email protected] Accommodation Unit AANDC AANDC, Aboriginal/Territorial consultationsupportunit@aandc Relations .gc.ca AANDC AANDC, Intergovernmental [email protected] AANDC AANDC, Mineral Development [email protected] Division AANDC Allain, Eric NWTLands@aandc- aadnc.gc.ca AANDC AANDC, Petroleum Resources [email protected] Directorate Acho Koe First Nation Fanni, Alexander achodenekoe.fanni@northwest el.net Acho Dene Koe First Nation Deneron, Kayly achodenekoe.kdeneron@north westel.net Acho Dene Koe First Nation Bradshaw, Kevin kevinbradshaw@adkfirstnation. ca Behdzi Ahda First Nation Band Behdzi Ahda First Nation, [email protected] Colville Lake First Nation Canadian Northern Economic Bertelsen, Christian [email protected]. Development Agency ca CanNor NWT Region Adams, Marie [email protected] CanNor NWT Region Spence, Matthew [email protected] Deh Cho Land Use Planning Bonnetrouge, Joachim [email protected] Committee Deh Cho Land Use Planning Bonnetrouge, Sophie [email protected] Committee Deh Gah Got'ie Dene Council Bonnetrouge, Joachim [email protected] Dehcho Breneman, Carrie [email protected] Tsetso, Dahti [email protected] Dehcho First Nations DePelham, Alison [email protected] Dehcho First Nations Acorn, Joe [email protected] Dene Nation Zoe-Chocolate, Camilia [email protected] m Dene Tha' First Nation Pastion, Joe [email protected] Dene Tha' First Nation Munson, Mathew [email protected] Ecology North Scott, Craig [email protected] Ehdiitat Renewable Resource Dillon, Corinne [email protected] Council Ehditat Gwich'in Council - DGO Greenland, Danny [email protected] Environment Canada Environment Canada, EA [email protected] Environment Canada Ransom, Loretta [email protected] Fisheries and Oceans Canada Fisheries Protection Program, fisheriesprotection@dfo- Triage Group mpo.gc.ca Fisheries and Oceans Canada D'Amours Gauthier, Veronique veronique.damours- [email protected] Fort Good Hope Charter Kasho Gotine Charter [email protected] Community Council Community of FGH - Chief, Fort Good Hope Fort Good Hope Charter Kasho Gotine Charter [email protected] Community Council Community of FGH - Admin, Fort Good Hope Charter Community Fort Good Hope Charter Kasho Gotine Charter [email protected] Community Council Community of FGH - SAO, Fort Good Hope Charter Community Fort Good Hope Metis Nation Fort Good Hope Metis Local [email protected] #54 Land Corp, Fort Good Hope Metis Local #54 Land Corp Fort Good Hope Metis Nation McNeely, Winston [email protected] Fort Good Hope Renewable Fort Good Hope RRC, [email protected] Resources Council Renewable Resources Council Fort Good Hope Renewable Fort Good Hope, RRC [email protected] Resources Council Fort Norman Metis Nation Local Metis Locat# 60 Fort Norman, [email protected] #60 Land Corporatio Metis Local #60 Land Corp Fort Norman Metis Nation Local Yakeleya, Carl [email protected] #60 Land Corporatio Fort Norman Renewable Resources Council, Tulita [email protected] Resources Council Renewable Fort Providence Metis Council Christie , James [email protected] #57 Fort Providence Resource Canadien, Priscilla [email protected] Management Board GLWB DeBastien, Leonard [email protected] GNWT de Jong, Pauline [email protected] GNWT - Department of Campbell, Alexis [email protected] Transportation GNWT - Department of Abernethy, David [email protected] Transportation GNWT - Department of Posynick, Jon [email protected] Transportation GNWT - Department of Batchelor, Rhonda [email protected] Transportation GNWT - Environment and Lafferty, Carl [email protected] Natural Resources GNWT - Environment and GNWT, Central Email [email protected] Natural Resources GNWT - Environment and Arsenault, Jeanne [email protected] Natural Resources GNWT - Environment and Walker, Jeff [email protected] Natural Resources GNWT - Environment and Witherly, Kate [email protected] Natural Resources GNWT - Environment and Ades, Katherine [email protected] Natural Resources GNWT - Environment and McGregor, Laurie [email protected] Natural Resources GNWT - Environment and Swallow, Michelle [email protected] Natural Resources GNWT - Environment and Richea, Nathen [email protected] Natural Resources GNWT - Environment and Clancy, Patrick [email protected] Natural Resources GNWT - Environment and Green, Paul [email protected] Natural Resources GNWT - Environment and Jenkins, Robert [email protected] Natural Resources GNWT - Environment and Bidwell, Wendy [email protected] Natural Resources GNWT - Health Carr, Doug [email protected] GNWT - Health Fleming, Duane [email protected] GNWT - Health Roberts, Jeremy [email protected] GNWT - Health Savoury, Robert [email protected] GNWT - Health Shen, Steven [email protected] GNWT - Health Hibbs, Tim [email protected] GNWT - ITI Braun Rodriguez, Catherine Catherine_BraunRodriguez@go v.nt.ca GNWT - ITI Fulford, James [email protected] GNWT - ITI Malakoe, Mischa [email protected] GNWT - ITI Fast, Peter [email protected] GNWT - ITI Teed, Russell [email protected] GNWT - Lands Coe, Charlene [email protected] GNWT - Lands Baetz, Conrad [email protected] GNWT - Lands Anderson, Erin [email protected] GNWT - Lands Hardisty, Jarret [email protected] GNWT - Lands Nadia, Laurie [email protected] GNWT - Lands Armer, Lindsay [email protected] GNWT - Lands Seale, Lorraine [email protected] GNWT - Lands Vassal, Mike [email protected] GNWT - Lands Mistakenchief, Naokah [email protected]. ca GNWT - Lands McCowan, Norman [email protected] GNWT - Lands Stewart, Scott [email protected] GNWT - Lands Deschene, Stephen [email protected] GNWT - MACA Dewar, Chucker [email protected] GNWT - MACA Davy, Mark [email protected] GNWT - Prince of Wales Mackay, Glen [email protected] Northern Heritage Centre Gov of Canada Alexander, David [email protected] Gwich'in Renewable Resources Amos, Amy [email protected] Board Gwich'in Social and Cultural Snowshoe, Sharon gsciexecutivedirector@learnnet. Institute nt.ca Gwich'in Tribal Council Snowshoe, Norman [email protected] Gwichya Gwich'in Band Blake, Phillip [email protected] Gwichya Gwich'in Council - Lennie, Carolyn [email protected] DGO Gwichya Renewable Resource Lennie, Leighanne [email protected] Council Hamlet of Aklavik Officer, Sernior Administrative [email protected] Hamlet of Enterprise St. Amour, Mike [email protected] t Hamlet of Fort Liard McKee, John [email protected] Hamlet of Fort McPherson Blake, Susan [email protected] Hamlet of Fort Providence Gargan, Tina [email protected] Hamlet of Tsiigehtchic Dobson, Marjorie [email protected] Hay River Metis Council Shuman, Wally and, Lafferty, [email protected] George Inuvik Native Band Blake, Herbert [email protected] K'asho Got'ine District Land Fort Good Hope Yamoga Land [email protected] Corporation Corporation, Yamoga Land Corporation Ka'a'gee Tu First Nation Chicot, Lloyd [email protected] et Katlodeeche First Nation Fabien, Roy landsnresources@katlodeeche. com Liard First Nation (Yukon) Morris, Daniel [email protected] Liidlii Kue First Nation (Ft Chief, Liidlii Kue [email protected] Simpson) Mackenzie Valley MVEIRB, Generic preliminaryscreening@reviewbo Environmental Impact Review ard.ca Board MVLWB MVLWB, Central Email [email protected] MVLWB Chouinard, Rebecca [email protected] MVLWB Nevitt, Zabey [email protected] Naha Dehe Dene Band Matou, Mike [email protected] Naha Dehe Dene Band Redvers, Peter [email protected] Nahendeh Land & Environmental Services, [email protected] Environmental Services Nahanni Land and National Energy Board Woo, Gary [email protected] National Energy Board National Energy Board, Generic [email protected] Nihtat Gwich'in Council - DGO Carnogursky, Jozef [email protected] Nihtat Renewable Resource Firth, Allen [email protected] Council Norman Wells Land Tan, Paul [email protected] Corporation Norman Wells Land Schear, Donna [email protected] Corporation Norman Wells Renewable Office, Administrator [email protected] Resources Council North Slave Metis Alliance McGee, Charles [email protected] North Slave Metis Alliance Shiga, Shin [email protected] Northwest Territory Metis Bailey, Garry president.nwtmn@northwestel. Nation net NWT Metis Nation Heron, Tim [email protected] Macneill, Mark [email protected] (Wrigley) m Pehdzeh Ki First Nation Moses, D'Arcy J. [email protected] (Wrigley) Sahtu Health and Social Kyle, Patricia [email protected] Services Sahtu Land Use Planing Board Paszkiewicz, Scott exec_director@sahtulandusepl an.org Sahtu Renewable Resource Director, Executive [email protected] Board Sahtu Renewable Resource Owen, Catarina [email protected] Board Sahtu Secretariat Incorporated Blondin-Andrew, Ethel [email protected] Sahtu Secretariat Incorporated Little, David [email protected] a Sambaa Ke Dene Band (Trout Jumbo, Dolphus [email protected] Lake) SLWB Mukhammadiev, Bakhtiyor [email protected] SLWB Bergsma, Bonnie [email protected] Snap Lake Environmental de Pizzo, Philippe [email protected] Monitoring Agency - SLEMA Teetl'it Gwich'in Council - DGO Koe, Ina [email protected] Teetl'it Renewable Resource Neyando, Georgina [email protected] Council Tlicho Lands Protection van der Wielen , Sjoerd [email protected] Department m Town of Hay River Steele, David [email protected] Town of Inuvik Hood, Grant [email protected] Town of Norman Wells Clerk, Town of Norman Wells [email protected] Town of Norman Wells Parker, Christopher [email protected] Transport Canada Aguirre, Christopher [email protected] Transport Canada Soloway, Doug [email protected] Transport Canada Andrews, Meighan [email protected] Transport Canada North, EA Management [email protected] TthedzehK?edeli First Nation Sanguez, Stanley [email protected] (JMR) Tulita Band Council Andrew, Frank [email protected] Tulita Band Council Tulita Hamlet Corp, Hamlet of [email protected] Tulita Tulita Band Council Tulita Band Council, Chief [email protected] Tulita District Land Corp. Tulita District Land Corp, [email protected] District Land Corp Tulita District Land Corp. Tulita District Land Corp, [email protected] President Tulita Land Corporation Tulita Land Corp, Land [email protected] Corporation Tulita Land Corporation Tulita Land Corporation, [email protected] Executive Director Tulita Land Corporation Tulita Land Corporation, [email protected] President Village of Fort Simpson Officer, Senior Administrative [email protected] Cayen, Gwen [email protected] Workers' Safety and Abernethy, Susan [email protected] Compensation Commission Yamoga Land Corporation Grandjambe, Jacinta [email protected]