GOVERNMENT OF THE NORTHWEST TERRITORIES TECHNICAL REPORT DE BEERS CANADA MINING INC. SNAP LAKE MINE ENVIRONMENTAL ASSESSMENT EA

Transcription

1 Snap Lake Mine Environmental Assessment EA GOVERNMENT OF THE NORTHWEST TERRITORIES TECHNICAL REPORT FOR DE BEERS CANADA MINING INC. SNAP LAKE MINE ENVIRONMENTAL ASSESSMENT EA Submitted to: Mackenzie Valley Environmental Impact Review Board 200 Scotia Centre Box 938, th Ave Yellowknife, NT X1A 2N7 May 21 st, 2014

2 TABLE OF CONTENTS PLAIN LANGUAGE SUMMARY... 3 LIST OF ACRONYMS INTRODUCTION Report Outline OVERARCHING PRINCIPLES OF WATER MANAGEMENT IN THE NWT IMPACT PREDICTION AND ASSESSMENT Historical and Existing Conditions History of TDS and Snap Lake Historical condition of Snap Lake Existing Conditions in Snap Lake Future Conditions in Snap Lake Issue Uncertainty in Assessing the Magnitude of Change in Snap Lake Duration and Reversibility Original and Potential Spatial Extent of Impact REVIEW OF WATER LICENCE AMENDMENT REQUEST Proposed Amendments and Impact to Aquatic Species Total Dissolved Solids Chloride Nitrate Review of the De Beers Site Specific Water Quality Objective Methodology Toxicity Testing Requirements Use of Hardness as a Toxicity Modifying Factor SSWQOs Derived by Using Appropriate CCME Methodology Water Quality Objectives for TDS Water Quality Objectives for Chloride Water Quality Objectives for Nitrate PROTECTION OF SNAP LAKE AND TRADITIONAL USE CONCLUDING REMARKS REFERENCES Appendix 1: Development of Water Quality Objectives for Total Dissolved Solids and Chloride in Sanp Lake, Lockhart Review, and Associated Receiving Waters (MacDonald Environmental Sciences Limited) Appendix 2: Technical Expert CVs Appendix 3: Government of the Northwest Territories, Department of Environment and Natural Resources, Wildlife Division Comments Page 2 of 47

3 PLAIN LANGUAGE SUMMARY Background Regulatory Background In 2003 the Snap Lake Diamond mine project underwent an environmental assessment (EA) with the Mackenzie Valley Environmental Impact Review Board (Review Board). The original 2003 EA determined that some level of change was allowable in Snap Lake as a result of the development, but that there were outstanding concerns related to water quality. To ensure that there were not significant adverse impacts the Review Board recommended a measure in its Report of EA (2003) that the total dissolved solids (TDS) concentration in Snap Lake could not exceed 350 milligrams per Liter (mg/l). This recommendation was approved by the Responsible Ministers at the time. However, since that time predictions related to the original environmental decision have been exceeded. Mine water and waste water amounts are higher than predicted and there is more TDS in the mine water Snap Lake. As a result of this, De Beers requested an amendment to its water licence, which limits TDS to 350 mg/l, in order to increase the amount of TDS and its components in Snap Lake. The proposed change to the water licence with regard to TDS levels greater than 350 mg/l requires a new EA recommendation from MVEIRB, and a decision by the Responsible Ministers to approve the new recommendation and any measure(s) associated with that recommendation. As a result of this legal requirement, the Mackenzie Valley Land and Water Board referred the water licence amendment application to EA on January 22 nd, What are Total Dissolved Solids (TDS)? TDS are made up of many different types of ions 1 in the water and is a measure of how salty the water is. The different types and amounts of ions have different effects on the water quality and the environment. The different ions that make up TDS that are referenced in this report are: sulphates, chlorides, calcium, 1 Ions are electrically charged particles formed when atoms lose or gain electrons. Page 3 of 47

4 carbonates, nitrates, and nitrites. Some water bodies naturally have high levels of TDS, but when a water body with naturally occurring low TDS levels experiences an increase in TDS (even gradual), the animals that live there will be affected since they are not used to living in water with high levels of TDS and the salts that come along with it. The Government of the Northwest Territories (GNWT) examined how changes in the amount and types of salt (TDS) could have adverse impacts on the water quality, the people who use the water and the plants and animals that live in the water. Water Management in the NWT While it is understood that Snap Lake has already undergone human-caused changes, the GNWT supports the concept of keeping water quality at as close as possible to natural levels. This approach is consistent with government policies at a territorial, national and international level. The GNWT s standard approach brings government policies, as well as industry position statements, into practice. Waters that flow into, within or through the NWT are substantially unaltered in quality, quantity and rates of flow. Goal of the NWT Water Stewardship Strategy (AANDC and GNWT, 2010) Impact Prediction and Assessment Prior to mining, Snap Lake was classified as a relatively clear, soft water lake. Even though Snap Lake had low to moderate nutrient inputs, there are many different species that live in the lake including large-bodied fish such as grayling, trout and whitefish. During the original 2003 EA for this project, De Beers predicted that TDS concentrations would increase 22 times from pre-mining levels. Levels of TDS were 15 mg/l before mining started and were predicted to reach a maximum whole lake average of less than 350 mg/l after mining. Wastewater that came from the mine was expected to be measured downstream as far as Mackay Lake. However, since construction, there has been more groundwater than expected flowing into the mine, which in turn has caused more mine-water to be pumped into Page 4 of 47

5 Snap Lake. The additional water has more TDS (or salts) than De Beers had initially predicted. The TDS that have been added to Snap Lake from the mine waste water discharge have built up in the lake since construction, which has led to the increased TDS concentrations currently observed. While De Beers has indicated that mitigation to take out some of the TDS from the mine water will be implemented in the future, it has not committed to when or what type of mitigation this will be. As such, GNWT was required to assess an unmitigated scenario where no TDS was removed from the water. When determining the result of increased concentrations of TDS in Snap Lake and the downstream environment, the GNWT looked at magnitude (how bad), duration (how long) and reversibility (ability to return to natural state), and the extent (how far) of impacts related to more TDS being released. GNWT used the models and data that De Beers provided to predict and evaluate the impacts of an unmitigated worst case scenario. With all models there are limits to the information and predictions may be more or less than what is expected. In the unmitigated, worst case scenario the following outcomes will likely occur by the end of mine life: 90% of the water in Snap Lake is the wastewater discharged from the mine, with only 10% being natural water inflow similar in quality to the water conditions before the mine was developed. The TDS concentration in the mine water being released to Snap Lake may be as high as 1700mg/L. The ions that make up the TDS in Snap Lake have already changed from being mostly carbonate and sulphate to calcium and chloride. This change will continue and increase in magnitude by mine closure. After the mine closes and stops discharging wastewater into Snap Lake, it will take approximately 90 years for the water in Snap Lake to return to pre-mine levels of TDS (pre-december 2003 levels). The TDS concentration 65km (40 miles) downstream of the mine will be double what it was before the mine was constructed. The mine waste water will be detectable in lakes and rivers as far as 155km (96 miles) downstream. Page 5 of 47

6 Impacts to Aquatic Species TDS is an expression of salinity (salinity = saltiness) 2 and is the sum of all dissolved ions (like carbonate or chloride ions) in freshwater. While some naturally salty lakes do exist, these lakes usually have salts made up of sulphates and carbonates as opposed to chlorides. This makes the condition within Snap Lake very different from naturally occurring salty lakes because it would be made up mostly of chlorides by the end of the mine life. Guidelines do exist for salinity and TDS, and can be used to understand TDS-related impacts to the environment. For example, the Canadian Council of Ministers of the Environment factsheet on chlorides (2011) states that: Salinity is a measure of the total salt composition of water (Wetzel 1983). Water is classified according to salinity. Freshwater lakes are those with less than 500 mg/l salinity. (CCME 2011) While guidelines for TDS are established in other jurisdictions, it is important to note that it is the different types of ions that make up TDS that determine how harmful or toxic the water is to the aquatic life. For example, Alaska has established guidelines for TDS to protect the aquatic environment. The Alaskan guidelines are based on TDS that is made up of mostly calcium and carbonate. Thus, those guidelines are not applicable to TDS made up of mostly chlorides, as observed in Snap Lake. As well, individual components of TDS, such as chloride and nitrate, have been shown to cause toxic effects to aquatic organisms such as insects or fish. Regardless of guidelines, it is important to assess the impacts from both the amount of salt/tds, and the types of ions that make up the salt/tds in the water. De Beers conducted studies for some of these issues in order to determine how increases in TDS and chlorides in the water at Snap Lake will affect the aquatic environment (fish, benthics, and invertebrates). The GNWT hired an independent expert consultant to review these studies. The independent expert found several issues with the methods that were used to conduct the studies and the subsequent conclusions made from those studies. These 2 Salinity describes how salty a substance is. Page 6 of 47

7 issues are important to assess and clarify in order to provide appropriate recommendations on how to mitigate impacts within the regulatory process. Mitigating Impacts to Traditional Use of Snap Lake & Downstream Waters GNWT notes that the perspectives of land users must be considered when establishing the extent and magnitude of allowable discharge limits. For example, during the recent public hearings for the Gahcho Kue water licence on May 7 th, 2014, the representative for the Yellowknives Dene First Nation (YKDFN) noted: And it doesn't seem like you should be releasing proposed effluent with hundreds of times the background concentration into a receiving water body and call that protective. You can't exceed the CCME by orders of magnitude and call it protective As well, during the technical session for the current Snap Lake EA, GNWT heard evidence from the YKDFN that any detection of mining effluent at the Old Lady of the Falls an important part of the cultural environment - would not be acceptable to YKDFN. As a step towards minimizing the perception of risk to traditional land users, the GNWT suggests that drinking water quality be maintained within Snap Lake and downstream including Old Lady of the Falls. The key outcomes to achieve are: no change in water quality conditions at Old Lady of the Falls should occur due to mining operations, and the water quality in Snap Lake and downstream should be maintained at a level that protects traditional use. To achieve these outcomes requires mitigation measures that would (i) limit concentrations of TDS so that taste will not be impacted, and (ii) limit potential and perceived health risks to users. Page 7 of 47

8 Conclusion As the primary roles and responsibilities for land and water management were recently devolved from the federal government (i.e. AANDC) to the GNWT, the GNWT believes it is very important to protect the traditional use of the area, which includes minimizing perceived risks to land users, and respecting Aboriginal and treaty rights. Specific attention should be paid to recommendations provided by Aboriginal groups. The GNWT has determined that: 1. The magnitude of impact under unmitigated conditions is significant based on future concentrations of TDS and its constituents (chlorides) both in Snap Lake and downstream from Snap Lake.. 2. The loss of traditional use in the area and the ability to drink water at Snap Lake should be assessed as a significant adverse impact on the environment 3, based on the concerns raised by Aboriginal groups (i.e.. YKDFN). The GNWT believes that an unmitigated scenario at Snap Lake would likely result in both of these outcomes, and therefore measures must be recommended to mitigate these adverse impacts to the environment. The GNWT provides the following ten recommendations for the Review Board to consider in assessing the likelihood of significant adverse impacts from TDS levels: 1. The GNWT recommends that the Review Board include a specific statement in the Report of Environmental Assessment that the conclusions and measures that result from this environmental assessment are specific to the Snap Lake Mine and Snap Lake. 2. The GNWT recommends that the Review Board consider the unmitigated, worst case scenario for the Snap Lake Mine as a significant deviation from the original impacts authorized in the Report of Environmental Assessment in The GNWT recommends that the Review Board include a measure requiring De Beers to conduct a robust study on the anticipated reduction time of hardness during the recovery of Snap Lake (post operation) and how this reduction will Page 8 of 47

9 compare to metals and nutrients over time. Specific attention should be given to impacts that would result from the utilization of any hardness-adjusted Site Specific Water Quality Objectives (SSWQOs). 4. The GNWT recommends that the Review Board assess the uncertainties related to varied concentration reductions over time for various hardness-adjusted parameters and that these uncertainties be taken into account when assessing the significance of proposed increases in TDS and its constituents. 5. The GNWT recommends that the Review Board consider that an unmitigated, worst case scenario for the Snap Lake Mine will likely lead to a significant adverse impact on the traditional use of Snap Lake (i.e. fishing, drinking water, etc.) and its downstream aquatic environment. 6. The GNWT recommends that the Review Board include a measure requiring De Beers to minimize the degree or extent of project related impacts to Snap Lake and the downstream aquatic environment. 7. The GNWT recommends that the Review Board include a measure requiring De Beers to take necessary steps during operation and at closure to return Snap Lake to pre-mining conditions as soon as possible post-closure. 8. The GNWT recommends that the Review Board include a measure to require De Beers to prevent measurable changes to water quality at Old Lady of the Falls. 9. The GNWT recommends that the Review Board include a measure to require DeBeers to ensure protection of the traditional use of water in Snap Lake and downstream. 10. The GNWT recommends that the Review Board include a measure requiring De Beers to implement, no later than 18 months following the issuance of the water licence, mitigation sufficient to protect the aquatic environment and maintain traditional use of Snap Lake. Page 9 of 47

10 LIST OF ACRONYMS Aboriginal Affairs and Northern Development Canada Aquatic Effects Monitoring Program Aesthetic Objective Canadian Council of Ministers of the Environment Effluent Quality Criteria Environmental Quality Objectives Environmental Assessment Effects Concentration Government of the Northwest Territories Inhibitory Concentration Lethal Concentration Mackenzie Valley Environmental Impact Review Board Mackenzie Valley Land and Water Board Mackenzie Valley Resource Management Act Maximum Allowable Concentration Northwest Territories No Observed Effect Concentration Site Specific Water Quality Objectives Total Dissolved Solids Water Quality Objectives AANDC AEMP AO CCME EQC EQOs EA EC GNWT IC LC Review Board MVLWB MVRMA MAC NWT NOEC SSWQOs TDS WQOs Page 10 of 47

11 1.0 INTRODUCTION The concerns and issues in this technical report are the result of both the GNWT s and the GNWT s retained expert s review of plans, proposed monitoring programs and submissions as part of the De Beers Canada Mining Incorporated (De Beers) Snap Lake Mine water licence amendment application MV2011L The currently regulated limits for total dissolved solids (TDS) have their origins within measures of the Report of Environmental Assessment from 2003, so the Mackenzie Valley Land and Water Board (MVLWB) referred the water licence amendment application to increase the TDS limit to the Mackenzie Valley Environmental Impact Review Board (the Review Board) on January 22 nd, The scope of the development being assessed (EA ) is the potential impacts from increased TDS and its constituents to Snap Lake and the downstream environment. This technical report explains the GNWT s concerns and provides recommendations for the Review Board s consideration. This submission takes into consideration all of the documents provided on the Review Board Public Registry. Of note, there were several questions throughout the April 15-16, 2014, technical sessions regarding the point from where impacts to Snap Lake are to be assessed, that is whether the assessment is considering potential impacts of the amendment application on Snap Lake from a pre-mining scenario as opposed to only considering changes to Snap Lake from its current state as of Review Board staff provided clarification during the technical session that the scope of this environmental assessment (EA) is focussed on the impacts of this current project, that is the increase of TDS and its constituents beyond that which currently exists in Snap Lake. However, the Review Board staff also noted during the technical sessions that cumulative effects would be considered within the scope of EA (Snap Lake Technical Sessions, April 16 th, 2014). As such, the GNWT has included some information on pre-mining conditions at Snap Lake, to assist in assessing long term changes to the area, evaluating the potential for reversibility to pre-mining conditions, and assessing the potential for cumulative impacts in the watershed. The GNWT appreciates the opportunity to express its concerns and provide recommendations to the Review Board for this environmental assessment. The GNWT and its retained experts intend to provide technical input at the public hearing on June 5 and 6, 2014, to assist the Review Board in making a significance determination related to proposed water licence amendments that are within the scope of this EA. The retained expert s report is provided as Appendix 1. Curricula vitae for the retained experts are in Appendix Report Outline This technical report is structured to explain the likely impacts from proposed changes to effluent quality discharged into Snap Lake in the context of historic, pre-mining background conditions in Snap Lake, and the predicted impacts on Snap Lake and its downstream environment as described in the Developer s Assessment Report (EA01-004) and Report of Environmental Assessment from 2003 (Review Board, 2003). The report is divided into the following sections: Page 11 of 47

12 Section 1 Introduction to the technical report and the GNWT s involvement in the regulatory review and environmental assessment process for the proposed amendment application for water licence MV2011L Section 2 Summary of overarching principles for water management and the protection of water resources in the Northwest Territory (NWT). This section outlines important statements and concepts from environmental policies, guidelines and strategies that are relevant to development projects in the NWT. Section 3 Description of the original (pre-2003) water quality conditions in Snap Lake and an overview and comparison between impact predictions for the Snap Lake Mine from the original 2003 Report of Environmental Assessment (EA01-004) and the anticipated impact from the proposed amendment to the contaminant concentrations which is part of the current assessment (EA ). These descriptions and assessments have been generally categorized into magnitude, extent, duration and reversibility of impacts. The section includes an assessment of impacts to Snap Lake and the environment if mitigation measures are not implemented at the site Section 4 Outline of the GNWT and its technical expert s review of the methodology and proposed concentrations of TDS and its constituents provided by De Beers as part of the water licence amendment application. Parts of this section are technical and the sections are provided to provide context and support for the review of the proposed amendments and effluent concentrations. Section 5 Overview of the potential for significant impacts to traditional use of Snap Lake and highlights concerns expressed by Aboriginal parties to this assessment. The section concludes with a recommendation to prevent significant adverse impacts to existing and future traditional use and/or Aboriginal and treaty rights. Section 6 Provides an overview of the GNWT and its technical expert s review and contains concluding remarks for the Review Board's consideration as part of this environmental assessment process. Recommendations to the Review Board are provided throughout the technical report in bolded text. Page 12 of 47

13 2.0 OVERARCHING PRINCIPLES OF WATER MANAGEMENT IN THE NWT The GNWT would like to preface this technical report with some background on the uniqueness of this environmental assessment and the applicability of the conclusions made throughout this report as well as this EA - to other projects in the future. A significant component of the operations at the Snap Lake Mine has been the ongoing discharge of underground mine water into Snap Lake and ultimately into the downstream receiving environment. As noted in the project description, connate groundwater infiltrating into the underground workings from the footwall contains elevated concentrations of total dissolved solids (TDS). This water has been discharged to Snap Lake and, as a result, TDS levels in Snap Lake have trended upward over the past six years. The trend has been much greater than De Beers predicted during the original EA and TDS concentrations in Snap Lake will exceed the original EA predictions (De Beers, 2013a). When conducting the current assessment of potential impacts to Snap Lake (as a result of the proposed increase in effluent quality criteria (EQC) which includes TDS), it is relevant to note that Snap Lake has already experienced anthropogenic changes. The conclusions and recommendations within this report are made within that context. The GNWT cautions that outcomes and measures resulting from this environmental assessment should not be arbitrarily applied to new or existing developments in the NWT. The GNWT wishes to flag that the scope of this EA, as established by the Review Board, is specific to the Snap Lake Mine and the existing mine conditions at the site. The GNWT supports the concept of non-degradation, or maintaining receiving water quality at as close as possible to natural background levels. This approach is consistent within government policies at territorial, national and international levels, as well as industry position statements, illustrated by the following statements: Waters that flow into, within or through the NWT are substantially unaltered in quality, quantity and rates of flow. Goal of the NWT Water Stewardship Strategy (AANDC and GNWT, 2010) For waters of superior quality or that support valuable biological resources, the CCME non-degradation policy states that the degradation of the existing water quality should always be avoided. (CCME, 2003) The Boards regulate the quantity, concentration, and types of waste that may be deposited from a project to the receiving environment. In accordance with the guiding principles listed in Section 5, the Boards regulate, through water licence requirements, the deposit of waste such that the following two objectives are met: 1. Water quality in the receiving environment is maintained at a level that allows for current and future water uses. 2. The amount of waste to be deposited to the receiving environment is minimized. (MVLWB, 2011a) Page 13 of 47

14 Any mining has an impact on the environment. Through careful planning and consultation with all of our stakeholders, we aim to minimize any environmental disturbance by our exploration and mining activities. We are committed to identifying any potential environmental issues early in the planning process. ( Environment/) With these policies and industry statements as its foundation, the GNWT acknowledges the importance of evaluating all reasonable efforts to eliminate or minimize the discharge of waste to the receiving environment for any new or existing development project in the NWT. This position aligns with statements made within the MVLWB Water and Effluent Quality Policy (MVLWB, 2011a). The GNWT notes that some of the existing concentrations in Snap Lake (whole lake concentrations) are approaching levels that are higher than other development projects or facilities licenced in the NWT. Given the unique circumstances of the Snap Lake Mine, GNWT submits that the conclusion and measures that result from this environmental assessment are specific to the Snap Lake Mine and Snap Lake. RECOMMENDATION: 1. The GNWT recommends that the Review Board include a specific statement in the Report of Environmental Assessment that the conclusions and measures that result from this environmental assessment are specific to the Snap Lake Mine and Snap Lake. Page 14 of 47

15 3.0 IMPACT PREDICTION AND ASSESSMENT 3.1 Historical and Existing Conditions History of TDS and Snap Lake The original Environmental Assessment (EA) and Ministerial decision on the Snap Lake Diamond Project (EA ) determined that some level of change was allowable in Snap Lake as a result of the development of the Snap Lake Mine. However, operation of the mine has shown that several predictions that were important to that EA decision have been exceeded, namely the mine water and effluent volumes and TDS concentrations of inflows into the mine workings. As a result, effluent discharged from the mine has caused greater than predicted changes to Snap Lake. These changes have led De Beers to request amendments to various conditions within water licence MV2011L One of these amendments to the water licence conditions relate to TDS limits, which are defined within the water licence in accordance with a measure from EA The request to increase the TDS values in Snap Lake beyond the values that the Review Board recommended and that the Responsible Ministers accepted is what triggered this EA. The water licence MV2011L2-004 lists a condition that limits the whole-lake average for TDS in Snap Lake to 350 mg/l. This condition resulted directly from Measure 5 within the Report of Environmental Assessment on the Snap Lake Diamond Project (Review Board, 2003) which stated: the Production Water Licence for the Snap Lake project shall specify that the whole lake average TDS concentration in Snap Lake not exceed 350 mg/l at any point in the mine life. This shall be achieved through a total annual load which will not exceed the loads used by De Beers to drive its EA predictions in each year of the mine (Review Board, 2003) The Review Board s 2003 recommendation of, and the Responsible Ministers acceptance of the 350 mg/l TDS limit in the EA Measures was largely based upon De Beers s conclusions that high flows of highly saline connate groundwater into the mine were not likely, and that in cases where flows into the mine were greater than expected, most of this increased flow would come from Snap Lake (which would have lower values of TDS) rather than connate groundwater. While several parties (i.e. Aboriginal Affairs and Northern Development Canada, Dogrib Treaty 11 Council (Tlicho), Natural Resources Canada, Environment Canada and the North Slave Metis) stated concern that TDS concentrations and volumes of connate groundwater inflow to the mine would be substantially higher than those predicted by De Beers (Review Board, 2003), the Board accepted De Beers position that: flows which exceed EA predictions are more likely to consist of dilute Snap Lake inflows rather than of saline connate groundwater, so higher inflows will not significantly influence loadings of TDS to Snap Lake. (Review Board, 2003) In making this decision in 2003, the Review Board also noted that there was a commitment from De Beers to flood the mine to avoid discharging untreated mine water volumes. Note this commitment is still in place under the current contingency plan. Page 15 of 47

16 During cross examination on TDS concentrations in mine water and effluent at the EA public hearings, De Beers maintained that the provided estimates of TDS concentrations were conservative. Specifically, in response to questions regarding potential impacts from TDS concentrations beyond 350 mg/l, De Beers responded:, as we carefully explained, we are convinced that the maximum total dissolved concentrations that we've presented, of three hundred and fifty (350) milligrams per litre incorporate more than enough layers of safety, and represent a very credible, worst thing that could happen example. I really have a hard time even thinking about or discussing anything even higher than that, because as I explained in my talk, we get beyond the description of what is a reasonable worst case that can happen, and we are in the territory of having to combine things that don't make sense scientifically. (Stella Swanson, Consultant to De Beers, Snap Lake EA Public Hearing Transcripts, Day 3, April 30, 2003, p ) De Beers predicted in 2003 that TDS concentrations in Snap Lake would increase 22-fold from the pre-mining levels of 15 mg/l. De Beers predicted that a maximum whole lake average for TDS of 330 mg/l with peak concentrations of <450 mg/l within 250m of the diffuser (<1% of Snap Lake) would occur. De Beers also predicted that calcium and chloride ions would increase to 88 and 137 mg/l as a whole lake average, respectively. In the Report of Environmental Assessment, which the Responsible Ministers accepted, the Board stated that De Beers had not provided sufficient information during the proceeding to adequately predict that TDS loadings would not exceed 350 mg/l, and as such accepted that precautionary measures would best address and prevent potential adverse impacts (Review Board, 2003). Given the predictions provided by De Beers, coupled with the uncertainty outlined by several parties to the EA, the Board determined that a measure limiting the whole lake average to 350 mg/l of TDS was required to protect against any exceedance of EA predictions made by the proponent. This measure was subsequently formalized as a condition in the water licence issued by the MVLWB, in conjunction with criteria for constituents of TDS such as chloride, fluoride, nitrogen species and sulphate Historical condition of Snap Lake While this current environmental assessment is focused on impacts above and beyond existing water quality conditions within Snap Lake and the downstream environment, it is important not to lose sight of pre-mining conditions in Snap Lake in terms of cumulative impacts and assessing the overall degree of change from the project. Note this will also be vital to assessing the reversibility of impacts to Snap Lake, which was noted to be of importance in the original environmental assessment. Prior to mining, Snap Lake was classified as a relatively clear, soft-water lake, with a neutral to slightly acidic ph ((De Beers, 2002) Nutrient concentrations in Snap Lake were moderately low and, based on total phosphorus conditions, the trophic status of Snap Lake was considered to be in the upper oligotrohic to lower mesotrophic (moderate to low nutrient inputs) range. The lake provided habitat for a number of aquatic species including fish such as arctic grayling, lake trout, burbot and round whitefish. Regarding TDS and its constituents, TDS was recorded at 15 mg/l, chloride was less than 1 mg/l, calcium was 2.43 mg/l, fluoride Page 16 of 47

17 was 0.06 mg/l, sulphate was 36 mg/l (however median sulphate was 3 mg/l), nitrate was 0.04 mg/l and nitrites were less than mg/l (De Beers, 2002). This information is important to note as the ionic composition of TDS in Snap Lake was originally dominated by carbonate and sulphate ions (50-60%) with calcium and chloride ions contributing less than 20% of the TDS (De Beers, 2013a) Existing Conditions in Snap Lake Despite the understanding in the original EA that a certain level of change would occur in Snap Lake, current predictions by De Beers indicate that the magnitude of this change will exceed the original EA predictions, and would also require a change to the Measures originally accepted by the Ministers. A rapid increase in concentrations of TDS and chloride was observed at the mine water collection sump when mining operations began in 2005 and 2006 (De Beers, 2013a) and concentrations have continually trended upwards during the life of the mine. In 2012, TDS concentrations in Snap Lake (excluding the northwest arm stations) ranged from 167 to 279 mg/l, which are below the current water licence limit of 350 mg/l. The overall whole-lake average for TDS in 2012 was 212 mg/l (De Beers, 2013a). De Beers has also observed an overall change in the ionic composition of the TDS within Snap Lake which is the result of the high concentration of chlorides that are associated with the connate groundwater. While relatively stable during the past few years, the ionic composition of TDS in Snap Lake as of 2012 was chloride 45-47%, calcium 20%, sodium 10%, sulphate 9% and carbonate, nitrate, fluoride, potassium, and magnesium each contributing 1-7% (De Beers, 2013a). 3.2 Future Conditions in Snap Lake Issue De Beers has indicated that mitigation to control TDS in effluent will be implemented. To date, no firm commitment has been made to implement such mitigation. The GNWT notes that De Beers committed throughout the initial EA (EA01-004) to achieving a whole lake average for TDS. For this reason the Review Board included a measure to ensure that the predicted whole lake TDS concentration would not be exceeded. Further, De Beers committed to achieving this whole lake average during the original regulatory process and through the water licence renewal in 2011, which was accepted by the Minister of Aboriginal Affairs and Northern Development Canada. However, De Beers has not altered its mining operations in response to changes in the mining and effluent conditions which were originally used to determine the whole lake average and conduct an assessment of change and impacts to Snap Lake and the downstream receiving environment. The GNWT notes that the AEMP monitoring results have identified changes and impacts to Snap Lake that are beyond the original predictions and impacts in the 2003 Report of EA. In the absence of a defined or proposed mitigation plan from De Beers, the GNWT has attempted to determine the potential concentration of TDS and its constituents that will occur Page 17 of 47

18 in Snap Lake if the operation is allowed to continue without any additional mitigations. The GNWT acknowledges that this would likely be a worst case scenario and that additional project mitigations have been proposed by De Beers. Nonetheless, it is the GNWT s view that this unmitigated condition (or worst case scenario) is warranted for the Review Board to assess in the absence of firm project mitigation commitments from De Beers. The GNWT notes for the Review Board s consideration that the absence of additional project mitigations would result in the greatest magnitude, duration, and extent of impact to Snap Lake and the downstream environment. The GNWT describe this unmitigated scenario in the following sections and includes an assessment of the potential for significance if such a scenario were realized Uncertainty in Assessing the Magnitude of Change in Snap Lake Prior to determining the impact of the worst case scenario as described in section 3.2.1, the GNWT must stress for the Review Board the degree of uncertainty in the De Beers models used to determine concentration and loadings from the Snap Lake Mine. The GNWT has used all data made available to the GNWT to predict the magnitude of impacts to Snap Lake, with emphasis on the data provided in the TDS Response Plan (Figure 3-4), the Hydrodynamic Model Update, and the Groundwater Flow Model Update. From these documents, the GNWT has used the Upper Bound (maximum predicted mine flow rate of 90,000 m 3 /day) and Lower Bound (minimum predicted mine flow rate of 66,000 m 3 /day) scenarios and has extracted all of the available data as provided by De Beers that show the maximum concentrations of TDS that are likely to be discharged into Snap Lake. The GNWT considers the Upper Bound, presented by De Beers, to represent the currently modelled worst case scenario as seen below in Figure 3-4 (De Beers 2013a). It is important to note that several assumptions have been presented by the developer and there is a level of uncertainty with the available data. Examples of conflicting assumptions which lead to uncertainty in the modeled predictions include: Data-related uncertainty in long-term predictions of TDS and major ions concentrations was high. Uncertainty in predicted concentrations is carried forward from assumptions used in the site model and the hydrogeological model. The three models are sensitive to the assumptions used for deep groundwater (connate water) inflows, because these inflows will have very high TDS, chloride, and calcium concentrations. (De Beers, 2013b) For the Site Water Quality model the major assumption was: that site water will be highest between now and After that the increases will be slower (De Beers, 2013c) Changes to Mine or Site Condition- The mine description and site conditions as identified in both projected and monitored data are the basis for the model. Changes in Mine or site conditions will necessarily result in changes to predictions (De Beers, 2013d) Page 18 of 47

19 Groundwater Inflow Data- Uncertainty related to groundwater inflows is due to a lack of measured groundwater amounts, and the uncertainty of the potential extent of hydraulic conductivity (K) values of structure zones (Itasca 2013) Page 19 of 47

20 Figure 1 De Beers TDS Response Plan (Figure 3-4) Page 20 of 47

21 Snap Lake Mine Environmental Assessment EA To determine the magnitude of impacts to Snap Lake, the GNWT included the following in its analysis to determine the worst case scenario as described in Section 3.2.1: 1. The mine water inflow and its total volume in m 3 /day 2. The assimilative capacity of Snap Lake over Mine Life 3. The ionic composition of mine water 4. The loading of mine effluent related to assimilative capacity within Snap Lake Mine Water Inflow Predictions The GNWT has utilized the predictions presented in the Groundwater Model and Supplemental information in the EA However, it is important to note that in both the original EA as well as the current EA (Review Board, 2014) there have been discussions on the predicted variability of connate groundwater and the volume of mine effluent to be discharged into the environment. The GNWT notes that Dr. Houmao Liu stated on Day 1 pg 50 of the Technical Session Transcript from April 15 th, 2014 that: Okay. Now, to go back to history of some other model[s], like 2005, 2006, when a test got did the model. You know, one (1) time we predict about 62,000 cubic meter per day. And at the other time, we predicted about, you know, fifty (50) to like 90,000 cubic meter per day. And it's all within the range of even this update model. Based upon information and date presented by Dr. Liu, it appears that there are several assumptions in this model. However, the maximum appears to be reasonably accurate when compared to current conditions. The GNWT has therefore carried forward the inflow prediction of 90,000 m 3 /day to represent the potential maximum daily discharge for assessing the magnitude of impacts to Snap Lake Assimilative Capacity of Snap Lake Assimilative capacity is defined as the capacity of a natural body of water to receive wastewaters or toxic materials without deleterious effects and without damage to aquatic life or humans who consume the water. (Environmental Engineering Dictionary, 2005) As mining progresses, the volume of discharge increases from original predicted maximums of 42,000 m 3 /day, peaking at 90,000 m 3 /day. The volume of effluent discharged per day has a direct bearing on the assimilative capacity of Snap Lake: as the volume of mine effluent discharge is increased, the assimilative capacity of a water body will be reduced. For EA , at the end of the mine life approximately 90% of Snap Lake (based on De Beers Upper Bound ice covered condition) will be mine effluent. Using 90 % of Snap Lake s assimilative capacity means that there is 1 part unaltered natural water to 9 parts mine effluent which reduces the ability of the water body to assimilate mine effluent prior to release to the downstream receiving environment. This represents an overall change in magnitude compared to what the Responsible Ministers accepted in the 2003 Report of EA. The Responsible Ministers accepted that the maximum mine effluent discharge rate would be on

22 the order of 16,000-32,000 m 3 /day, and GNWT estimates that this corresponds to using approximately 30-40% of the assimilative capacity of Snap Lake. The volumes and water quality of the mine effluent water that would be discharged into Snap Lake would use nearly the full assimilative capacity of the Lake. The result will be that the concentration of Snap Lake will over time will become mine effluent (9 parts mine effluent to 1 part natural condition). The assimilative capacity of Snap Lake is shown in Figure 2. Figure 2: Assimilative Capacity of Snap Lake (Technical Session Presentation Nitrogen Reponse Plan pg. 30) Ionic Composition and Concentration of Snap Lake (Magnitude of Impact) As per the information presented by De Beers, the worst case scenario for Snap Lake (Upper Bound) is predicted to be 1700mg/L of TDS in Mine effluent during the later years of the mine life ( ) (De Beers, 2013a). GNWT notes this value is a prediction, and actual concentrations may in fact be higher or lower than has been predicted. However, this value remains the best information available to date, and GNWT has assumed that it represents worst case conditions. Page 22 of 47

23 Mine effluent, as provided by De Beers from its 2012 sampling data, is estimated to be composed of 47% chloride, 28% calcium, 11% sodium, 9% sulphate and 5% representing carbonate, nitrate fluoride, potassium and magnesium. The relative ionic composition of Snap Lake will change from pre-mining conditions as the assimilative capacity is reduced. This change is illustrated in Figure 3 below. Page 23 of 47

24 Figure 3: Ionic Composition within Snap Lake Pre-Mining vs. End-of-Life Assuming that the ionic composition in the effluent will remain constant, GNWT has calculated the concentration of TDS constituents at increasing TDS increments within Snap Lake up to a worst case scenario and provided these values in Table 1. Page 24 of 47

25 freshwater 3 Sub-saline 1 TABLE 1: Calculated Ionic Composition of Snap Lake Mine Water as a Percentage of Total Dissolved Solids (TDS) Chloride Calcium Sodium Sulphate 47% of 28% of 11% of Carbonate /Nitrate/Nitrite/ TDS 9% of TDS TDS in TDS in TDS in Fluoride/Potassium/ Concentration in Mine Mine Mine Mine Magnesium 5% of TDS in (mg/l) Effluent Effluent Effluent Effluent Mine Effluent (mg/l) (mg/l) (mg/l) (mg/l) (mg/l) De Beers Proposed SSWQO and EQC De Beers Worst Case Upper Bound 3 CCME 2011

26 The GNWT anticipates, as an unmitigated worst case scenario, the magnitude of change proposed under EA would represent a total whole lake average of 1700 mg/l TDS in Snap Lake. Of this 1700 mg/l TDS, 799mg/L would be chloride, 476 mg/l would be calcium, 187 mg/l would be sodium, 153 mg/l would be sulphate and 85 mg/l would be a mixture of nitrate, carbonate/fluoride/potassium and magnesium. In the GNWT s opinion this represents a significant deviation from the anticipated water quality that was assessed and approved as part of the original assessment and regulatory review process. Further, the unmitigated scenario could result in significant adverse impacts to the Snap Lake ecosystem and would likely impinge on traditional use (i.e. fishing, drinking, etc.) of Snap Lake and its downstream aquatic environment. RECOMMENDATION: 2. The GNWT recommends that the Review Board consider an unmitigated, worst case scenario for the Snap Lake Mine as a significant deviation from the original impacts authorized in the Report of Environmental Assessment in Duration and Reversibility Duration and reversibility are two key considerations when determining the significance of adverse effects. The analysis of the significance for these parameters relies largely on opinion, with consideration given to the level of public concern; past experience and knowledge; and personal and societal values. While the reversibility and duration of impacts to water quality can be characterized and quantified, it is much harder to assess the reversibility of impacts to the aquatic ecosystem and overall ecological integrity of an area. Reversibility can be viewed as the ability to return to baseline (pre-impact) conditions. Most systems will eventually return to a semblance of baseline conditions through time. However, as ecological systems are dynamic it is unlikely that they will ever exactly resemble their pre-impact state (Review Board, 2003). On the basis of chemical parameters alone, GNWT estimates that 90 years would be required to return Snap Lake to baseline concentrations from worst case concentrations (Upper Bound). Using the significance definition provided by the proponent in its 2002 Environmental Assessment Report, this would be considered long-term reversible (De Beers, 2002; p. 9-11). However, it is unknown what the aquatic ecosystem will look like after experiencing almost a century of anthropogenic change and how closely it would resemble pre-impact conditions. Consequently, the duration of change to water quality and the aquatic ecosystem as contemplated under EA would be observed by traditional users for multiple generations Duration and Reversibility - EA As part of the original EA, GNWT notes that De Beers s position was that any changes to Snap Lake would be reversible after the cessation of mining. The following statements about the duration and reversibility of TDS in mine water based upon a 350 mg/l whole lake average were made in the record of decision (Review Board, 2003): Page 26 of 47

27 The proponent stated Also, All predicted effects to non-fish aquatic life in Snap Lake were considered reversible because mine water discharge would cease at the end of operations and the lake would recover as natural runoff displaces lake water impacted by mine water discharge. (Review Board, 2003, pg 84). De Beers identified this impact as reversible in the short term but did not provide an assessment of the time required for Snap Lake to revert to baseline conditions of TDS, beyond its calculation of a water replacement time of 13 years for Snap Lake. (Review Board, 2003, pg 67) GNWT notes that Aboriginal Affairs and Northern Development (AANDC) stated on Day 5 (May 2, 2003) of the Public Hearing: However, and this is important, our conclusion is that while the project is very likely to have environmental effects greater than those predicted by De Beers, we believe that Snap Lake will largely recover thirty to forty years after mining ceases. Changes in the species numbers, composition and ecosystem structure will occur, and while recovery is not likely to be to pre-development conditions, these effects are tolerable in our view (David Livingstone, Director, Renewable Resources, INAC, Public Hearing Transcripts, Day 1; in Review Board 2003, pg 70). The GNWT s interpretation of the 2003 EA findings is that there is a water replacement time of 13 years for Snap Lake which means that it would take years for Snap Lake to recover to pre-mining conditions from a value of 350 mg/l Duration and Reversibility - EA The GNWT notes that De Beers has not provided a duration and reversibility assessment for EA However, De Beers has provided a single graph in response to Information Request MVRB/MVLWB #11. This figure (11-1) appears to suggest that conditions in Snap Lake, based upon a 1700 mg/l whole lake average, are reversible after 40 years. The proponent has not provided rationale on how this was derived, but based upon the GNWT s review, it appears that De Beers has utilized a year water replacement time. The proponent has not provided a sufficient rationale to justify this change from the 13 year time used in the 2003 EA. The GNWT has not used the year time proposed by De Beers, and instead has carried forward the 13 year water replacement time as per the original conclusions of the 2003 Environmental Assessment. to determine the potential duration of impact and the reversibility of water quality conditions within Snap Lake. Table 2 illustrates the GNWT s assessment of the time required to reverse the TDS conditions in Snap Lake if the 1700 mg/l worst case Page 27 of 47