January 21, 2015

Mr. James Wilson File: MV2014X0027 President Gwich’in Tribal Council 1-3 Council Crescent Box 1509 NT X0E 0T0 Fax: (867) 777-7919

Dear Mr. Wilson:

Government of the (GNWT) - Department of Finance Mackenzie Valley Fibre Optic Link Project - Land Use Permit MV2014X0027

Thank you for your letter received on January 16, 2015 regarding condition 78 of Land Use Permit (Permit) MV2014X0027. In response, the Board wishes to clarify the purpose of condition 78, which relates to the manual clearing of vegetation.

In the Application for the Permit, the GNWT – Department of Finance indicated that vegetation will be cleared utilizing D7 caterpillar dozers or an equivalent, which would be equipped with a low ground pressure undercarriage to cut vegetation above the root mat. Vegetation in steep terrain or in environmentally sensitive areas, such as riparian zones, would be cut by hand.

The Board included condition 78 in the LUP to address the removal of vegetation in these environmentally sensitive areas. For other areas that were identified in the Application to be cleared, condition 11, which requires bulldozer blades to be equipped with “mushroom” type shoes or other similar devices, applies. The Board also included additional conditions in the Permit to ensure that impacts to the environment from the use of machinery and equipment are minimized. These conditions can be found throughout the Permit, specifically under 26(1)(c) Type and Size of Equipment and 26(1)(d) Methods and Techniques.

Please also note that the use of equipment for clearing land has been screened. The Preliminary Screening is attached and can also be found on the MVLWB website. The purpose of the Preliminary Screening is to outline any potential effects and mitigation measures, and it is to be considered when reviewing permit conditions. …/2

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If you have any further questions or concerns, please contact Tyree Mullaney at (867) 766-7464 or email [email protected].

Yours sincerely,

Willard Hagen Chair

Copied to: Wayne Drury, Acting President, Gwich’in Development Corporation Conrad Baetz, Regional Superintendent, GNWT – Lands Steve Deschene, Regional Superintendent, GNWT – Lands Laurie Nadia, Regional Superintendent, GNWT – Lands Sandy Kalgutkar, Deputy Secretary of the Financial Management Board, GNWT – Department of Finance Sean Craig, P3 Analyst, Department of Finance Distribution List

Attachment: Preliminary Screening Preliminary Screening Report Form

Preliminary screener: MVLWB EIRB

Reference/File number: MV2014L1-0011/MV2014X0027 Reference

TITLE: Mackenzie Valley Fibre Optics Link number:

ORGANIZATION: GNWT- Department of Finance

MEETING DATE: December 16, 2014

Type of Development: New (CHECK ALL THAT APPLY) Amend, EIRB Ref. # Requires permit, licence, or authorization Does not require permit, licence, or authorization Project Summary

 The Applications are for the construction, operation and maintenance of a buried fibre optic cable system along the Mackenzie Valley;  The purpose of the development is to provide a high speed fibre optic communications link to communities along the Mackenzie Valley, replacing the lower-capacity microwave communication systems currently serving communities; a. A 6m wide working area approximately 795km in length (approx. 477 ha) will need to be cleared between Wrigley and the Dempster Highway, along the winter road ROW and preferred alignment of MH infrastructure corridor. b. Turnouts (5 x 20m) will be required every 5km along 6m working area, attempts to utilize naturally occurring cleared areas; however, if all new areas required would result in 66 turnouts of 100m2 each (0.66 ha). c. If required a temporary bard landing and laydown area will be established at Little Chicago on the Mackenzie River to support construction between Fort Good Hope and Inuvik.  Project activities during the construction phase include:  Mobilization and staging of equipment and materials;  Clearing of new work areas;  Excavating, backfilling and installation of the cable in a trench by plough, rock saw or by directional drill; and  Operation of temporary mobile camps.  Estimated fuel containment requirements:  Diesel P-50 (ULSDF): 13,500L to be stored in 6 single walled fuel tanks positioned within a sleigh-mounted steel tub style berm designed to hold 110% of total volume stored (2,250L);  Gasoline Mid-Grade: 4,100L to be stored in 20 205L new sealed drums stored on a deck sleigh; will be transported to camp sites in manageable volumes through course of the construction program;  Jet Fuel: 615L: to be stored in 3 205L new sealed drums on a deck sleigh; and  Oil and Grease 22L: to be stored in 20 pails.  There are five different sections proposed for the Mackenzie Valley Fibre Optic Link installation which are: o Section 1: McGill Lake Microwave Site (24km southeast of Checkpoint Junction - between GNWT Highways 1 and 7) to Wrigley . This section is within the existing right of way of the Mackenzie Highway. o Section 2: Wrigley to Fort Good Hope . This section is within the existing right of way of the Mackenzie Valley Winter Road. o Section 3: Fort Good Hope to KP 258 of the Dempster Highway . This section is along the Mackenzie Highway infrastructure corridor – temporary snow trail construction. o Section 4: KP 258 of the Dempster Highway to Terminal Facility in Inuvik . This section is within the existing right-of-way of the Dempster Highway. o Section 5: Fort Simpson Junction of the Mackenzie Highway to Fort Simpson . This section is within the existing right-of-way of the Mackenzie Highway along the municipal road right of way. o The total cable length to be installed is 1,154 km long, 13 mm in diameter, to approximate depth of 30-100cm below ground surface; . ~822 km would be installed within existing ROWs (305 km within existing MH ROW, 473 km within the winter road ROW and 13 km within the Dempster Highway ROW); and . ~31 km will be aerially placed on existing pole lines inside the various communities along route.  44 water sources identified for withdrawal.  The permit area will be located 12 to 15 metres from the centreline of the existing rights-of-way of the Mackenzie Highway, the Mackenzie Valley Winter Road, and the Dempster Highway and will be 6 metres in width.  Burial technique includes boring and dry open-cut trenching with horizontal directional drilling at certain river crossings o The trencher will open a 10-15cm wide trench which will be filled with same trench material as the cable is laid  Use of machinery for construction.  Use of mobile camp and emergency shelters for a limited period during winter construction.

MV2014X0027/MV2014L1-0011 - GNWT Finance - Mackenzie Valley Fibre Optics Link Scope

Construct, operate and maintain a high speed fibre optic telecommunications cable system, along the following route: a. Starting approximately 24 km southeast of Checkpoint Junction (junction between GNWT Highways 1 and 7), near the McGill Lake Microwave Site, within the existing right-of-way of the Mackenzie Highway, to Wrigley; b. From Wrigley to Fort Good Hope, within the existing right-of-way of the Mackenzie Valley Winter Road; c. From Fort Good Hope to KP 258 of the Dempster Highway, along the Mackenzie Highway infrastructure corridor; d. From KP 258 of the Dempster Highway, within the existing right-of-way of the Dempster Highway, to a Terminal Facility in Inuvik; and, e. From the Fort Simpson Junction of the Mackenzie Highway, a spur fibre link cable, within the existing right-of-way of the Mackenzie Highway along the municipal road right-of-way to Fort Simpson.

For the Mackenzie Highway, the Mackenzie Valley Winter Road, and the Dempster Highway, the permit area will be located 12 to 15 m from the centreline of the existing rights-of-way, and will be 6 m in width.

The activities also include: a. A 6 m wide access will be cleared, constructed, maintained and used to facilitate the installation of the fibre optic cable system between the terminus of the Mackenzie Valley Winter Road and the Demspter Highway; b. A 2 km long winter access trail may be cleared, constructed, maintained and used between the barge landing site at Little Chicago, to join with the Mackenzie Valley Fibre Line; c. Geotechnical and directional drilling, boring, and dry open-cut trenching at selected watercourse crossings; d. Access to water sources for the construction, maintenance, and use of the roads; e. Construction, operation, and maintenance of camps, laydown areas, and barge landing sites at strategic locations along the route; f. Use and storage of fuel; g. Use of temporary mobile camps; and, h. Use of equipment, vehicles, and machines.

All activities will be bounded by the following area: 61o22’20.6”N – 120o52’58.7”W and 68o18’15”N – 133o28’58”W

Land Use Eligibility - Section 18 MVLUR: Access Agreements with Gwich’in Tribal Council (29-Oct-14) and K’asho Got’ine Lands Corporation Ltd/Yamoga Lands Corporation (10-Oct-2014).

Type of Disposition Disposition Number(s)

Mineral Claims Prospecting Permit (s) Mineral Leases Oil and Gas: EL/SDL/PL Quarry Permit Timber Permit Other:

Principal Activities (related to scoping) (CHECK ALL THAT APPLY)

Construction Exploration Decommissioning Installation Industrial Abandonment Maintenance Recreation Aerial Expansion Municipal Harvesting Operation Quarry Camp Repair Linear / Corridor Scientific/ Research Sewage Solid Waste Water Intake Other:

Principal Development Components (related to scoping)

Access Road Waste Management construction disposal of hazardous waste abandonment/removal waste generation modification e.g., widening, straightening sewage Automobile, Aircraft or Vessel Movement disposal of sewage Blasting Geoscientific Sampling Building Trenching Burning Diamond drill Burying Borehole core sampling Channelling Bulk soil sampling

MV2014X0027/MV2014L1-0011 - GNWT Finance - Mackenzie Valley Fibre Optics Link Cut and Fill gravel Cutting of Trees or Removal of Vegetation hydrological Testing Dams and Impoundments Site Restoration construction fertilization abandonment/removal grubbing modification planting/seeding Ditch Construction reforestation Drainage Alteration scarify Drilling other than Geoscientific spraying Ecological Surveys re-contouring Excavation Slashing and removal of vegetation Explosive Storage Soil Testing Fuel Storage Stream Crossing/Bridging Topsoil, Overburden or Soil Tunnelling/Underground fill Other: disposal removal storage

NTS topographic map sheet numbers: NAD83, NTS 95, 96, 106, 107

Latitude / longitude and UTM system: Minimum Latitude N61°22’20.6”; Maximum Latitude N68°18’15” Minimum Longitude W120°52’58.7”; Maximum Longitude W133o28’58”

Nearest community and water body: Fort Simpson Wrigley Tulita Norman Wells Fort Good Hope Inuvik Estimated 459 watercourses along proposed length

Land Status (consultation information)

Free Hold/Private Commissioner’s/Territorial Lands Federal Crown Land Municipal Land

Transboundary/Transregional Implications

British Columbia Alberta Saskatchewan Yukon Nunavut National Park Settlement Region Wek’èezhìi Gwich’in

Type of transboundary implication: Impact / Effect Development

Public concern: ______(Describe.)

Physical - Chemical Effects

Impact Mitigation Location of 1) Ground Water condition

water table alteration

water quality changes 1. There is the potential for fuel and sewage to contaminate ground 26(1)(g) water. Part H 2. GNWT has developed a project specific Spill Contingency Plan and Waste Management Plan, submitted as part of the Project Description Report and Environmental Protection Plan which will be adhered to throughout the program. 3. The risk of spills is reduced by using proper handling, storage and disposal techniques. Spill mats and/or drip pans/trays will be placed under all mobile fueling containers and under equipment when not in use. 4. The fuel storage tank is double walled containment system and with sufficient volume to contain 110% of the total tank volumes 5. All individuals hired to work on the project will receive training on spill prevention and response prior to the start of the construction project. 6. All equipment used for operations will be in good working order and free of leaks. 7. Drips will be cleaned up immediately.

MV2014X0027/MV2014L1-0011 - GNWT Finance - Mackenzie Valley Fibre Optics Link 8. An emergency spill response kit will be kept on site, at the Camp Superintendent/Office trailer and wherever fuel is stored. 9. Spills, regardless of volume, will be documented and records kept by GNWT. 10. All sewage and solid waste will be contained and sealed in watertight containers. 11. Should a regulatory reportable spill occur, the NWT 24-hour Spill Report Line will be contacted at 867-920-8130.

infiltration changes

other:

N/A

Impact Mitigation Location of 2) Surface Water condition

flow or level changes 1. Water withdrawal volumes will be recorded and monitored to make Part D sure water withdrawal volumes do not exceed those outlined in the approved Water Licence. 2. Camp water will be obtained from municipal sources when easily accessible, or will be withdrawn from local courses in compliance with the terms and conditions of the licence.

water quality changes 1. Spills and the introduction of sediment can impact the water quality. Part E There is a possibility for an insignificant temporary increase in turbidity Part G and total suspended solids during breakup and the spring freshet. Part H 2. High pressure directional drilling will be complete at an appropriate 26(1)(g) depth below the watercourse to minimize the risk of frac-out and to a depth to prevent the line from becoming exposed due to natural scouring of the stream bed. 3. Licensee will keep all material and equipment needed to contain and clean-up drilling mud releases onsite and readily accessible to implement the frac-out response plan in a manner than prevents further migration into the watercourse. 4. Machinery is to arrive on site in a clean condition and is to be maintained free of fluid leaks. The Licensee will wash, refuel and service machinery and store fuel and other materials for machinery at designated areas more than 100m from the high-water mark of any waterbody. 5. All activities will reduce activities near water bodies or sensitive aquatic habitat. 6. GNWT has developed a project Specific Spill Contingency Plan and Waste Management Plan that will be adhered to through the program. 7. The operation is to be conducted during the winter when there are frozen ground conditions and snow cover makes spills highly visible. Making the contamination more visible allowing the spills to be cleaned up before infiltration. 8. If any deleterious materials fall into a water body, it will be removed immediately. 9. Snow fill crossings will be constructed of clean snow only (e.g. free of debris). 10. All contaminants and waste, including drilling fluids, will be stored at designated storage area more than 100m from the high-water mark of any waterbody.

water quantity changes

drainage pattern changes

temperature

wetland changes/loss

other:

N/A

Impact Mitigation Location of 3) Noise condition

noise in/near water 1. Noise in or near water will be limited to crossings and areas utilized n/a for water intake. It will be localized and of a temporary nature.

MV2014X0027/MV2014L1-0011 - GNWT Finance - Mackenzie Valley Fibre Optics Link noise increase 1. Vehicle traffic and construction operations will increase noise in the n/a immediate vicinity of operations. Noise will be localized and transient and temporary. 2. The program will be conducted during the winter to minimize activity during critical periods for most wildlife (Spring and Fall.) 3. GNWT will take reasonable steps to follow the Sahtu Land Use Plan “Wildlife Setbacks, Minimum Altitude and Sensitive Periods” to avoid noise disturbance to important wildlife habitat areas.

other:

N/A

Impact Mitigation Location of 4) Land condition

geologic structure changes 1. Surveys: to prevent inadvertent clearing or trespass, the work areas, 26(1)(a) staging areas, and camp sites will be staked to clearly delineate all boundaries. 2. The MVFL route has attempted to avoid rock outcrops were possible.

soil contamination 1. The Permittee is required to have spill kits available and to report any 26(1)(g) spills to the NWT Spill Report Line. Part H 2. Winter operation when there are frozen ground conditions and snow cover makes spills highly visible, thus making the contamination more visible allowing the spills to be cleaned up before infiltration.

buffer zone loss

soil compaction and settling 1. Access will be constructed using snow and ice that will create a 26(1)(d) protective layer over the soil profile. 26(1)(f) 2. The use of heavy equipment may result in soil compaction. If compaction occurs it will be limited to the access road; however, the effects will be minimal due to the frozen soil profile. 3. A minimum depth of 20 cm of packed snow will be maintained on the access trail and at camp locations at all times during the winter. 4. Only low ground pressure tracked vehicles will be allowed on snow trails. 5. A post construction reconnaissance of the cable trench and camp sites will be undertaken to determine if any sites require active remediation.

destabilization/erosion 1. Clearing of land and brushing could lead to increased erosion. 26(1)(a) 2. Construction activities will use existing disturbed areas as much as 26(1)(d) possible and implement erosion prevention and control measures 26(1)(f) before starting work to prevent entry of sediment in the waterbody. 26(1)(g) 3. Operate machinery on land above the ordinary high water mark Part G (OHWM) and in a manner that minimizes disturbances to banks of watercourses. Licensee will restore banks to original condition if any disturbance occurs. 4. Upon completion of the trenching and backfilling, the area will be stabilized to prevent erosion during freshet. The Licensee will maintain effective sediment and erosion control measures until re-vegetation of disturbed areas is achieved. 5. Vegetate any disturbed areas by planting and seeding preferably with native trees, shrubs or grasses and cover such areas with mulch to prevent erosion and to help seeds germinate. 6. Vegetation will be cut by hand in riparian areas and on steep terrain. 7. Most clearing will be undertaken in winter during construction phase. 8. Low vegetation will be walked down instead of cut wherever possible. 9. Disturbance to stream and bank vegetation will be reduced through careful route selection. 10. During winter a minimum depth of 20 cm of packed snow will be maintained on the access trail and at camp locations at all times. 11. Snow fills will be notched or removed so that drainage during freshet is not impeded.

permafrost regime alteration 1. Frozen ground conditions will limit potential damage to surface soils 26(1)(f) and permafrost. Part G 2. Where permafrost is present, the cable is placed within the active layer, reducing potential effects.

MV2014X0027/MV2014L1-0011 - GNWT Finance - Mackenzie Valley Fibre Optics Link 3. Where vegetation removal with surface layer disturbance is necessary (e.g. trenching, spill clean up), the area will be reinsulated with cut organic matter to prevent possible melting of permafrost and facilitate natural re-vegetation during final site clean-up and reclamation. explosives/scarring

other:

N/A

Impact Mitigation Location of 5) Non-renewable natural condition resources

resource depletion 1. The project itself will not deplete local non-renewable natural n/a resources.

other:

N/A

Impact Mitigation Location of 6) Air/climate/atmosphere condition

other: 1.1. There will be an increase in emissions from vehicles, heavy n/a equipment in the area but are necessary to conduct the project.

N/A

BIOLOGICAL ENVIRONMENT

Impact Mitigation Location of 1) Vegetation condition

species composition 1. The project will cause localized changes in plant communities and 26(1)(h) species composition. Part G 2. The MVFL will be installed within existing ROWs and disturbed areas as much as possible to reduce vegetation clearing. 3. Equipment used for snow and vegetation clearing will be equipped with mushroom shoes to prevent contact with root mat. 4. Vegetation will be cleared with low ground pressure undercarriage to cut vegetation above the root mat and some vegetation in steep terrain or sensitive areas (such as riparian zones) will be cut by hand. 5. Clearing will only be undertaken in winter during construction phase and will follow standard procedures identified in Land Use Guidelines for Access Roads and Trails (AANDC 2010) and Northwest Territories Seismic Operations (AANDC 2011). 6. Nineteen rare or may be at risk plant species were documented within 5km of the MVFL route during surveys for MGP and a search of GNWT records indicates nine additional may be at risk plants have been documented in the Project area. All sightings of rare plants listed in the federal and territorial Species at Risk Acts will be reported to the GNWT Department of Environment and Natural Resources. 7. Where rare plants or communities are identified prior to construction, appropriate mitigation measures will be developed specific to the individual species or community characteristics and rarity ranks for known populations of species. Mitigation techniques include avoidance, transplantation, seed collection, seasonal construction windows and temporary protection.

species introduction 1. Care will be taken to clean equipment to limit likelihood of introduction 26(1)(d) of non-native species. 2. No additional fill material is required for backfilling as native soil material will be replaced.

toxin/heavy accumulation

other: Linear Migration routes, 1. The clearing of linear routes may initiate the process of habitat 26(1)(h) habitat fragmentation fragmentation and increase predation opportunities and activities. Trees, brush and snow will be windrowed along the side of cleared work areas: 10m breaks will be placed at 300m intervals along the windrow to facilitate wildlife passage.

MV2014X0027/MV2014L1-0011 - GNWT Finance - Mackenzie Valley Fibre Optics Link N/A

Impact Mitigation Location of 2) Wildlife and Fish condition

effects on rare, threatened or 1. There may be areas along route where SARA-listed species are 26(1)(h) endangered species found. Plant and wildlife photo reference sheets will be provided to all construction inspection staff to aid in identification and reporting of these species. 2. Sightings of sensitive or species are risk will be reported to the on-site Project Manager who will in turn, notify the appropriate regulatory agencies (e.g. Environment and Natural Resources) as required. 3. Wildlife sightings will be recorded in daily reports. 4. During site orientation personnel will receive awareness training which will include discussions on: not feeding wildlife, not hunting or fishing, and not harassing wildlife. 5. Nest surveys will be completed on the perimeter of the Project footprint prior to summer construction. These nest searches expire after 7 days, after which, additional searches will be required if construction is not completed. All nests found will be subject to setback requirements (AANDC 2011) until the young have fledged. a. Rusty blackbird: No Project activities will occur within 300 m when nests are found b. Peregrine falcon: Minimum flight altitude guidelines from raptor nest sites (0.65 km) will be adhered to when helicopter transport is necessary 6. Construction activities will be suspended when caribou are within 500m of operations.

fish population changes

waterfowl population changes 1. Nest surveys will be completed on the perimeter of the Project 26(1)(h) footprint prior to summer construction. 2. No Project activities will occur within 250 m of known active waterfowl nests. 3. No Project activities will occur within 3 km of staging areas during migration.

breeding disturbance 1. Construction conducted during winter and summer conditions will 26(1)(h) avoid critical breeding and birthing periods for wildlife (late spring and early fall. 2. The Project will avoid clearing or construction activities within 1,500m of raptor nests during breeding season (March 1 to August 1).

population reduction 1. The project has a potential to indirectly cause population reduction 26(1)(h) through increased stress from disturbance, habitat change, increased predation or hunting. 2. The project is not expected to directly cause any significant population reduction.

species diversity change

health changes behavioural changes 1. Cleared areas may affect the abundance or disturbance of other 26(1)(g) species. 26(1)(h) 2. Ungulates may alter their behaviour due to increased predation Part G activities. 3. Animals may avoid the camps and associated areas due to noise 4. Attraction of wildlife to camps should be reduced by storing waste in secure containers as described in the Project Specific Waste Management Plan.

habitat changes / effects 1. Linear migration routes and development will increase fragmentation 26(1)(h) of the habitat and may alter migration behaviours. 2. A possibility exists that species may relocate or extend their natural range due to the convenience of a level, maintained linear route. 3. Trees, brush and snow will be windrowed along the side of cleared work areas: 10m breaks will be placed at 300m intervals along the windrow to facilitate wildlife passage.

MV2014X0027/MV2014L1-0011 - GNWT Finance - Mackenzie Valley Fibre Optics Link 4. Bear Den Surveys: To mitigate potential disturbances to denning grizzly bears, prior to each winter of construction, aerial surveys and ground-based inspections will be conducted to locate active and suspected active bear dens within an 800m setback distance of areas scheduled for winter work.

game species effects 1. Game species include moose and caribou. Newly cleared areas 26(1)(h) provide increased habitat for moose. Moose have in the past shown great resilience to disturbance and noise from various activities. 2.The disturbance is short in duration and localized.

toxins/ heavy metals 1. Garbage will be back hauled to Municipal dumps. n/a

forestry changes

agricultural changes

other:

N/A

Interacting Environment

Impact Mitigation Location of 1) Habitat and Communities condition

predator-prey 1. Predation and predatory success rates may increase as a result of 26(1)(h) newly cleared or maintained access routes. 2. Hunting pressure and success may increase as a result of increased and more convenient access to the land.

wildlife habitat/ecosystem composition changes

reduction/removal of 1. There are 16 wildlife species of management Concern potentially 26(1)(h) keystone or endangered occurring in the Project Area. If Species at Risk are encountered or species affected, the primary mitigation should be avoidance. The proponents should avoid contact with or disturbance to each species, its habitat, and/or residence o Woodland Caribou is listed as Threatened o Barren-ground Caribou is listed as Sensitive o Grizzly Bear is listed as Special Concern o Wolverine is listed as Sensitive

removal of wildlife corridor or buffer zone

other:

N/A

Impact Mitigation Location of 2) Social and Economic condition

planning/zoning changes or conflicts

increase in urban facilities or services use

rental house

airport operations/capacity changes

human health hazard

impair the recreational use of water or aesthetic quality

affect water use for other purposes

affect other land use 1. The work area for the cable laying activity will be adjacent to, but off, n/a operations the travelled portion of the existing highways and winter road, thereby

MV2014X0027/MV2014L1-0011 - GNWT Finance - Mackenzie Valley Fibre Optics Link allowing for unimpeded traffic flow during cable installation.

quality of life changes

public concern

other:

N/A

Impact Mitigation Location of T condition 3) Cultural and Heritage

effects to historic property 1. A targeted, pre-construction Archeological Impact Assessment for the 26(1)(j) entire route has been completed. Mitigations (avoidance of sites) have been applied during route planning.

increased economic pressure on historic properties

change to or loss of historic resources

change to or loss of archaeological resources

increased pressure on archaeological sites

change to or loss of aesthetically important sites

effects to aboriginal lifestyle

other:

N/A

 Pursuant to Schedule 4.1 of the Northwest Territory Métis Nation (NWTMN) Interim Measures Agreement, the MVLWB determined that written notice was given to the NWTMN and that a reasonable period of time was allowed for NWTMN to make representations with respect to the application  Pursuant to section 27, paragraphs (a) and (b) of the Dehcho (DCFN) Interim Measures Agreement, the MVLWB has determined that written notice was given to the DCFN, and that a reasonable period of time was allowed for DCFN to make representations with respect to the application.

MV2014X0027/MV2014L1-0011 - GNWT Finance - Mackenzie Valley Fibre Optics Link Preliminary Screener / Referring Body Information

AANDC - Aboriginal/Territorial Relations AANDC - Consultation and Accommodation Unit AANDC - Intergovernmental Affairs AANDC - Lands AANDC - Mineral Development Division AANDC - Petroleum Resources Directorate Acho Koe First Nation Behdzi Ahda First Nation Band Canadian Northern Economic Development Agency – NWT Region Deh Cho Land Use Planning Committee Deh Gah Got'ie Dene Council Dene Nation Dene Tha' First Nation Department of Fisheries and Oceans Canada Ecology North Ehdiitat Renewable Resource Council Ehditat Gwich'in Council - DGO Environment Canada Fort Good Hope Charter Community Council Fort Good Hope Metis Nation Fort Good Hope Renewable Resources Council Fort Norman Metis Nation Local #60 Land Corporation Fort Norman Renewable Resources Council Fort Providence Metis Council #57 Fort Providence Resource Management Board GNWT - Department of Transportation GNWT - Environment and Natural Resources GNWT - Health GNWT - ITI GNWT - Lands GNWT - MACA GNWT - Prince of Wales Northern Heritage Centre Gwich’in Land and Water Board Gwich'in Land Use Planning Board Gwich'in Renewable Resources Board Gwich'in Social and Cultural Institute Gwich’in Tribal Council Gwichya Gwich'in Band Gwichya Gwich'in Council - DGO Gwichya Renewable Resource Council Hamlet of Aklavik Hamlet of Enterprise Hamlet of Fort Liard Hamlet of Fort McPherson Hamlet of Fort Providence Hamlet of Tsiigehtchic Hay River Metis Council Inuvik Native Band

MV2014X0027/MV2014L1-0011 - GNWT Finance - Mackenzie Valley Fibre Optics Link Ka'a'gee Tu First Nation K’asho Got’in District Land Corporation Katlodeeche First Nation Liard First Nation (Yukon) Liidlii Kue First Nation (Ft Simpson) Mackenzie Valley Environmental Impact Review Board Naha Dehe Dene Band Nahendeh Land & Environmental Services National Energy Board Nihtat Gwich'in Council - DGO Nihtat Renewable Resource Council Norman Wells Land Corporation Norman Wells Renewable Resource Council North Slave Metis Alliance Northwest Territory Metis Nation (Wrigley) Sahtu Land Use Planning Board Sahtu Renewable Resource Board Sahtu Secretariat Incorporated Sahtu Land and Water Board Sambaa Ke Dene Band (Trout Lake) Snap Lake Environmental Monitoring Agency - SLEMA Teetl'it Gwich'in Council - DGO Teetl'it Renewable Resource Council Tlicho Lands Protection Department Town of Hay River Town of Inuvik Town of Norman Wells Transport Canada TthedzehK?edeli First Nation (JMR) Tulita Band Council Tulita District Land Corporation Tulita Land Corporation Village of Fort Simpson Worker’s Safety and Compensation Commission Yamoga Land Corporation

MV2014X0027/MV2014L1-0011 - GNWT Finance - Mackenzie Valley Fibre Optics Link Reasons For Decision (List all reasons and supporting rationales for preliminary screening decision)

DECISION

The Mackenzie Valley Land and Water Board (the Board) is satisfied that the preliminary screening of Applications MV2014L1-0011 and MV2014X0027 – GNWT – Department of Finance – Mackenzie Fibre Optics Project has been completed in accordance with section 125 of the Mackenzie Valley Resource Management Act (MVRMA).

The Board is satisfied that communities and First Nations affected by the Application have been notified and provided adequate time to provide comment on the Application as required by land claim and self government agreements, the MVRMA, policy directions relating to Interim Measures Agreements, and any other applicable legislation and agreements.

Having reviewed all relevant evidence on the Public Registry, including the submissions of the Applicant, the written comments received by the Board and any Staff Reports prepared for the Board, the Board has decided that in its opinion:

 The proposed development will not have a significant adverse impact on the environment; and  The proposed development is not a cause of public concern.

The Board is also of the opinion that the Application can proceed through the regulatory process and that any impacts of the development on the environment can be mitigated through the imposition of the terms and conditions in the attached Land Use Permit.

As a result, the Board, having due regard to the facts and circumstances, the merits of the submissions made to it, and to the purpose, scope, and intent of the MVRMA and the Mackenzie Valley Land Use Regulations, has decided that this Land Use Permit be issued subject to the terms and conditions contained therein.

Preliminary Screening Decision

Outside Local Government Boundaries

The development proposal might have a significant adverse impact on the environment, refer it to the EIRB.

Proceed with regulatory process and/or implementation.

The development proposal might have public concern, refer it to the EIRB.

Proceed with regulatory process and/or implementation.

Wholly Within Local Government Boundaries

The development proposal is likely to have a significant adverse impact on air, water or renewable resources, refer it to the EIRB.

Proceed with regulatory process and/or implementation.

The development proposal might have public concern, refer it to the EIRB.

Proceed with regulatory process and/or implementation.

Preliminary Screening Organization Signatures

Mackenzie Valley Land and Water Board

December 16, 2014

MV2014X0027/MV2014L1-0011 - GNWT Finance - Mackenzie Valley Fibre Optics Link