SUMMARY OF PUBLIC AND FIRST NATIONS PARTICIPATION ENVIRONMENTAL IMPACT ASSESSMENT PROPOSAL BY SISSON MINES LTD TO CONSTRUCT AND OPERATE AN OPEN PIT TUNGSTEN AND MOLYBDENUM MINE NEAR NAPADOGAN, NEW BRUNSWICK Prepared by the Department of Environment and Local Government January 2016 Table of Contents Background ii EIA Conclusion and Decision iv Final Steps in the EIA Process Steps Following the EIA Process v Federal Environmental Assessment (EA) Process v Independent EIA Panel Review Table of Contents 1 List of Tables 5 List of Figures 5 1.0 Introduction 7 2.0 Terms of Reference 8 3.0 Process and Meetings Held 10 4.0 Methodology 11 5.0 Issues raised and Panel Opinions – Introduction 11 6.0 First Nations 12 7.0 Socioeconomic 93 8.0 Tailings Storage, Seepage and Baseline Hydrology Concerns 95 9.0 Bonding 138 10.0 Health Issues 143 11.0 List of Recommendations 188 12.0 Appendices 199 Background In the Environmental Impact Assessment (EIA) Report to the Minister of Environment and Local Government, Sisson Mines Ltd., or the proponent, has proposed to construct and operate an open pit tungsten and molybdenum mine west of Napadogan, approximately 60 kilometres northwest of Fredericton, New Brunswick. Following a two year construction period, the open pit mine would operate for an estimated 27 years and the project development area (PDA) would cover 1,253 hectares (3,096 acres) of Crown lands. Approximately 30,000 tonnes of ore would be mined and processed on-site per day. The resulting mineral products would be trucked to nearby rail facilities for transportation to customers. Waste rock from the open pit, and tailings as a by-product of the ore processing operations, would be permanently stored in a tailings storage facility (TSF). The Sisson Mines project (formally Geodex Minerals) was registered under the provincial Environmental Impact Assessment Regulation of the Clean Environment Act in September 2008. A federal environmental assessment regarding the project was also initiated in 2011 by the Canadian Environmental Assessment Agency (CEAA). A decision by the Minister of Environment and Local Government on October 24, 2008 required that the proposed Project undergo a comprehensive EIA as per the Regulation. In addition, due to the potential requirement for several federal approvals, the proposed Project required a Comprehensive Study level of assessment under the Canadian Environmental Assessment Act. Initial public consultation on the Project began on December 18, 2008 with the release of the Draft Guidelines which allowed members of the public to provide comment on what should be included as part of the EIA study. Final Guidelines were issued to Sisson Mines Ltd. on March 1, 2009. Sisson Mines Ltd. prepared Terms of Reference which were reviewed by the Technical Review Committee (TRC) and then proceeded to conduct the study. A Preliminary Draft EIA Report submitted by the proponent was received by the Department of Environment and Local Government (DELG) in July of 2013 for review by the TRC. As a result of additional work identified by the TRC, the Report was revised, and a Final EIA Report satisfying the EIA Guidelines was received from the proponent in March 2015. ii On April 16, 2015 copies of the complete EIA Report, a Summary of the EIA Report and the General Review Statement were distributed and made available in both official languages at various locations in the project area, Fredericton and First Nations communities. Information was also made available on the DELG’s Internet site. Concurrently, a news release was issued and paid advertisements were taken out to inform citizens that this information was available, of the upcoming public meeting, and where they could view and/or pick up information. Interested parties were encouraged to contact DELG if they intended to make a formal presentation at the public meeting. The release of the EIA and General Review Statement and the announcement of the date of the public meeting on April 16, 2015, marked the beginning of the second phase of the formal public consultation process. The Minister of Environment and Local Government then proceeded with the appointment of an Independent EIA Panel to preside at the provincially mandated public meeting and the First Nations community meetings. The 4-person Panel was comprised of Dr. Pierre-Marcel Desjardins, Professor at l’Université de Moncton as chair and socio economic expert, Christine Moore, Senior Project Manager with Intrinsik Environmental Inc. as the health and toxicology expert, Dr. William Wicken, Associate Professor in the Department of History at York University as the heritage and First Nations expert and Dallas Davis, Dalmin Corporation as the mining expert. Over 300 people attended the public meeting on June 22, 2015 in Stanley, NB. The First Nation community meetings were held on the dates below and the attendance varied between 20 to 40 people at each meeting: - Madawaska First Nation on May 26, 2015 from 7 pm to 10 pm. - Elsipogtog First Nation on June 10, 2015 from 7 pm to 11 pm. - Tobique First Nation on June 11, 2015 from 7 pm to 10 pm. - St. Mary’s First Nation on June 23 from 7 pm to 10 pm. - Woodstock First Nation on June 24 from 7 pm to 10 pm. In addition to the input received during the public meeting and First Nations community meetings, DELG received 58 written submissions. The meetings were recorded to enable the production of verbatim transcripts and simultaneous interpretation services were provided at the public meeting and the Madawaska Maliseet First Nation community meeting. iii At the meetings, the independent EIA Panel members heard public comments on the EIA. Each meeting began with a brief introduction of the panel members, the purpose of the meeting, and the mandate of the panel. Following the panel’s introduction, individuals or groups who/which had pre-registered were invited to make their presentations. The floor was then opened for comments from the audience in attendance. Prior to the adjournment of the meetings, attendees were reminded that written comments could be submitted to DELG until July 17, 2015. Comment sheets for this purpose were provided at each meeting and made available for download from the DELG Internet site. Attendees were also reminded throughout the evening to provide their contact information to a provided sign-up form if they wished to subsequently receive a copy of the Summary of Public Participation and/or the verbatim transcript of the meeting. Following the closing date for the 90-day public review and comment period on July 17, 2015, the Panel prepared and submitted a report of public input on the project. This report reflects feedback gathered at the public meeting, at the First Nations community meetings, and via written comments submitted throughout the public comment period. This report was received in November 2015. The Panel report is included in its entirety as part of the Minister’s Summary of Public Participation. EIA Conclusion and Decision The submission of the Independent EIA Panel’s report completed the public participation component of the provincial EIA process. Before making a recommendation on the project, the Minister of Environment and Local Government took into account the public and First Nations input received and summarized in the Panel’s report, including any recommendations noted, as well as information provided by the proponent and by the EIA Technical Review Committee. This included a Summary of the Environmental Assessment Report, the General Review Statement containing the opinions of the TRC, and the Panel Report. The Minister was then able to make a recommendation to the Lieutenant-Governor in Council for consideration and decision. This recommendation included a series of 40 detailed operational conditions to be considered. iv On December 3, 2015, the Minister of Environment and Local Government announced that the Lieutenant-Governor in Council had decided in favour of the project and the provincial government issued an environmental impact assessment approval to Sisson Mines Ltd. subject to 40 detailed Conditions. This information was posted on the DELG website at http://www2.gnb.ca/content/gnb/en/departments/elg/environment/content/environmental _impactassessment/comprehensive_reviews/sisson.html. Steps Following the EIA Process The Panel Report was required to be translated before it could be shared with consultation meeting participants, First Nations and the general public. This Minister’s Summary of Public Participation contains the Panel Report and completes the release of consultation information. It should be emphasized that following EIA approval, the proponent is still required to obtain all other applicable approvals/permits for the project. This is anticipated to be completed as part of the project detailed design phase and must satisfy the 40 conditions imposed by the Lieutenant Governor in Council as part of the EIA approval, including application for an approval to construct and operate. Federal EIA Process Update The Canadian Environmental Assessment Agency determined that a Transitional Comprehensive Study was required to be undertaken for the project under the Canadian Environmental Assessment Act (CEAA). This study has been undertaken concurrently with the provincial environmental assessment process for the most part. The federal process has not been completed and the Agency is currently taking all information into consideration while drafting the Final Comprehensive Study Report. It is expected that the Final Comprehensive Study Report will be completed in spring after which it will be provided to First Nations and posted for a public comment period of 30 days thus concluding the 365-day federal environmental assessment process. The federal Minister of Environment will make a decision as to whether the project is likely to cause significant adverse environmental effects and will issue a decision statement. Information made available as part of the Canadian Environmental Assessment Act (CEAA) process on this project is available online at http://www.ceaa.gc.ca/050/details- eng.cfm?evaluation=63169.