Staff Report Applicant: Cherdon Enterprises Ltd. Location: Application: Hwy#1, km 188.9 MV2009Q0022 Date Prepared: Meeting Date: October 23, 2014 November 6, 2014 Subject: Extension Request 1. Purpose/Report Summary The purpose of this Report is to present to the Mackenzie Valley Land and Water Board (MVLWB/the Board) an extension request for Land Use Permit (LUP) MV2009Q0022 submitted by Cherdon Enterprises Ltd. to continue operation of their quarry located at Hwy #1, km 188.9. 2. Background October 8, 2009 – LUP issued; September 29, 2014 – extension request received; October 2, 2014 – request sent to reviewers via the Online Review System; October 7, 2014 – LUP expired; October 16, 2014 – comments due from reviewers; October 22, 2014 – response due from Cherdon Enterprises Ltd.; and November 6, 2014 – presented to the Board for decision. 3. Discussion Cherdon Enterprises Ltd. has been conducting quarry operations near km 188.9 on Hwy #1 for five years. Cherdon Enterprises Ltd. is requesting an extension to continue operations. 4. Comments n/a MV2009Q0022 – Cherdon Enterprises Ltd. Page 1 of 2 5. Reviewer Comments Comments were received from the following organizations Deh Gah Got’ie First Nation letter dated October 14, 2014 Denroche & Associates letter dated October 15, 2014 Environment Canada letter dated October 16, 2014 Dehcho First Nations – Office of the Grand Chief letter dated October 17, 2014 GNWT-Department of Lands letter dated October 20, 2014 These comments are attached to this report for your review. 6. Security No security was requested during the initial issuance of the LUP. 7. Conclusion Responses have been received from Cherdon Enterprises Ltd. 8. Recommendation The cover page has been updated to reflect the date change if the Board approves the extension. Conditions have also been updated with administrative changes that have occurred in the last five years. 9. Attachments Request for Extension Deh Gah Got’ie First Nation letter dated October 14, 2014 Denroche & Associates letter dated October 15, 2014 Environment Canada letter dated October 16, 2014 Dehcho First Nations – Office of the Grand Chief letter dated October 17, 2014 GNWT-Department of Lands letter dated October 20, 2014 Cherdon Enterprise Ltd letter dated October 22, 2014 Draft Land Use Permit Cover Page and Conditions Draft Issuance Letter Respectfully Submitted, Tyree Mullaney Regulatory Officer MV2009Q0022 – Cherdon Enterprises Ltd. Page 2 of 2 CHERDON ENTERPRISE LTD. Box 1500 Fort Providence, NT XOE OLO October 22, 2014 Tyree Mullaney Regulatory Officer PO Box 2130 Yellowknife, NT X1A 2P6 Fax: ( 867) 873-6610 RE: Land Use Permit MV2009Q0022 2 Year Extension Request Dear Ms. Mullaney, Thank you for your fax dated October 20, 2014 requesting for my response to concerns expressed from the Deh Gah Got'ie First Nation and the Fort Providence Metis Council (FPMC). I am confused why the Deh Gah Got'ie First Nation and the FPMC no longer support my land use permit as they have both supported my permit since 2002. I am the only contractor in Fort Providence who provides gravel to the community. I have supported the community of Fort Providence for many years and have always tried to hire locals where possible. Please refer to the attached Employee List proving that we have hired many locals. The access road brought into question was an old logging trail that we widened. We have widened the corners to greatly improve visibility making the road much safer to drive. Please note that the Government of the NWT - Department of Transportation also use this access. To my knowledge, my drivers do not speed on the access. The letter written by Inspector Norman Mccowan addresses all the concerns brought forward by the Deh Gah Got'ie First Nation and the FPMC. I concur with his response. Please note that we have always tried to be in compliance with the terms and conditions of our land use permit and have worked directly with the Inspectors ensuring that we remain in compliance. We have spent considerable dollars developing this gravel pit since 2002. We need this pit for our business If you require more information, I can be reached at (867) 699-4600. Don Plante Owner Cherdon Enterprises ..... Cherdon Enterprises Ltd 0 Employee List as of 10f13i2014 ' "'..... Name Sln!atl Street2 City ' ... Provirle& Postal Code Phone 1 Phone2 Hire Data "'.....0 A.iiiiriria: Evelyn ·Goiiera1 t:ie11V..ry · - ···-·-- i''oit p,o;,iije;,;;;;·--· . - .. ··--· .. -- .. -- . ------· ... N:W.t.· xoEnn.o · - ···· ·------··-·--- 031ii"i2013 ... Belcourt, Gornon Bo• 10 Fort Providence N.W.T. XOEOLO 01/1412013 ..... Belcourt, Irene General Delivery ... Fort Providence N.W.T. 02/04/2013 .. Betsaka, Romeo (lnac.•. Fort Providence 0 NWT 06/0912009 0 Bouvier, Georgette Ger>eral Oalr.ery Fort Providence N.W.T. XOEOLO 00/0112013 Bragg, S<:ott (lnacliva .•. 9619 112Ave, FT. St. John BC. V1J :I.NO 09/22/2009 Brown, GeOllJ• 13 Edwarns Stmet ~ Noith Sydney NS B2A 382 {902) 549-1 ... 12/08/2013 Croft, Neil General Delivery ,... Fort Providence N.W.T. XOEOLO 05/:1.6/2012 Co Eddie, Jennifer C. BOA Canterbury Street lngeraoll Ontario N>C 1C4 11/10/2013 _, Elleze, Howard General Delivery "' Fort Providence N.W.T. XOE OLO 05/0212014 Co Fediuk, Danny Box506 .... Shawnlgan Lake, BC WR2WO 0112712006 ... Field, Darryl (Inactive ... Fort Providence NWT ... Forsberg, Les (lnactr.•.. Box 118 Macrorie Sask SOL 2EO 02/10/2007 "'... Gargan, Darrel (lnactr. ... Fort Providence NWT Gargan, Rlcl<y General OefJVery Fort Providence N.W.T. XOEOLO 06/0212014 Hendren, James (Ina ct ... 3119 Wascaria Glen Regina Sask S4V2L4 1112512005 Honour, Michael {lnact •.• 2647 Six Mil... Nelson BC. V1L 6K8 Howell, Philip {Inactive •.. Fort Providence NWT 10/2612006 Larson, Robert [lnactr.•.. General Delivery Fort Providence NWT XOE OLO Larson, Ryan (Inactive ••• Fort Providerice NWT Levavasseur, Serge Po Box 36 Fort Providerice NWT XOE OLO 02113/:1.014 Mackenzie, Louis General DeJivery Fort ProViderice N.W.T. XOE OLO 02/03/:1.013 Martel, Greg C. (lnacti... 20 Cranberry Cres. Hay River NWT XOE OR5 09/01/2009 Martlnalk, Flobert M 103-39 157 St Edmonton AB T6M2Z1 08123/201 o Matto, Daylon General Delivery Fort Providence N.W.T. XOE OLO 08/17/2013 Mcleod, Kelvin (lnactl ... Fort PrO'liderice NWT 10123/2006 Minoza, Corey Fort Providence N.W.T. XOE OLO 02/2412014 Minoza, Mike General Delivery Fort Providence N.W.T. XOEOLO 02125/2014 Morin, Marl< 2. Ba Isam Crescent Hay River NWT XOEOR5 01/1312013 Murray, Sharon (lnacti ..• Fort Providence NWT 11/06/2006 Norwegian, Albert (Ina •• , Fort Providence NWT 12/0312004 Patenaude, Bryden Geneiar Delivery Fort Providence N.W.T. XOE OLO Da/01/2013 Patenaude, Cheryl Box 1500 Fort Provideoce NT XOEOLO 03/31/2009 Patenaude, Troy (lnac ... Fort Provideoce NWT 06/04/2005 Penny, Susie 229- 22169 Township ... Ardrossan. ·AB TSE 2J1 10110/2010 Plante. Don Box 1500 Fort Provic!ente NT XOEOLO 03131/2009 Plante, Leonard Box451 KeMrigton SK SOA1WO 01/01/2011 Riehl, Gordon {lnactlv ..• 506 Robin Road Enterprises NWT XOE OR1 (867} 984-3 ... (867} 984-3 •.. Sal>ourin, Camilla General Delive<y Fort Providence N.W.T. XOEOLO fOI01/2013 Sanderson, Roger Box35 Fort Providence N.W.T. XOE OLO Sanderson, Wayr>e Fort ProvidMce N.W.T. "04/181'2014 Silverthom, Jason (Ina ... Fort Providence NWT 1211212004 Silverthome, Diana Fort Providence N.W.T. XOE OLO Theore!, Eugene (lnac. .. Box91 Bellevue Sask SOK3YO 02/161:2003 Vandell, Ben General Delivery Fort Providence N.W.T. XOE OLO 08/0112013 I§ Vandell, Dale {Inactive •.• Fort Providence NWT 08/1612004 0 0 White, Velma Box 10 Fort Providence N.W.T. XOEOLO 0211512013 ,... Yellowknee, 11mara Genera! Delivery Fort Provid&11ce N.W.T. XOEOLO 03/1112013 '0 .....0 OFFICE OF THE GRAND CHIEF DEHCHO FIRST NATIONS Box 89, Fort Simpson, N.W.T. XOE ONO TEL: (867) 695-2355/2610 FAX: (867} 695-2038 Toll Free: 1-866-995-3748 EMAIL: herb [email protected] Tyree Mullaney Regulatory Officer Mackenzie Valley Land and Water Board Via email: [email protected] October 171 2014 RE: Extension Request Process - Quarry Operation - Highway# 1, km 188.9 Cherdon .Enterprises Ltd. Mr. Don Plante, Box 1500 Fort Provid~nce, NT I am writing to provide support for the positons on this application expressed by Deh Gah Gotie Dene Band and the Fort Providence Metis Council to the M ackenzie Valley Land and Water Board. Both have expressed significant opposition to Cherdon Enterprises Ltd. two-year extension for their quarry permit application.- Dehcho First Nations cannot support a proponent who has failed to gain the support and trust of our member communities. 1 Deh Gáh Got’ie First Nation P.O. Box 200 FORT PROVIDENCE, NT X0E 0L0 Phone: (867) 699-7000 October 14, 2014 October 14, 2014 Ms. Tyree Mullaney Regulatory Officer Mackenzie Valley Land and Water Board Yellowknife, NT 867-766-7464 [email protected] Re: Extension Request Process – Quarry Operation – Highway # 1, km 188.9 Cherdon Enterprises Ltd. Mr. Don Plante, Box 1500 Fort Providence, NT Dear Ms. Mullaney, I have been asked by the Council of the Deh Gah Got’ie Dene First Nation of Fort Providence, NT to notify your office that they officially OPPOSE the two years Extension Request of Cherdon Enterprises Ltd. Further, we have had an opportunity to read Mr. Plante’s application for this process and would like to note a number of areas listed that are totally untrue and serve to mislead your review board in respect to authorizations sought and supposedly granted to Cherdon Enterprises Ltd. to move forward in the engagement aspects of the application. We note the following regarding the submission of Cherdon Enterprises Ltd: 1. Mr. Plante states in #1. of his submission that “Fort Providence Resource Management Board has no objection of extended permit.” The Renewable Resource Management Board is overseen and under the operational and financial management of the Deh Gah Got’ie Dene First Nation.