Hello Keith/Sheila, Please find attached my comments on the Donlin Gold DEIS. Sincerely. Dave Cannon

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1 From: To: Subject: Date: Attachments: Dave Cannon donlingoldeis, POA [EXTERNAL] Comments From Dave Cannon For The Donlin Gold DEIS Tuesday, May 31, :23:30 AM CannonDEISComments4_26.pdf Hello Keith/Sheila, Please find attached my comments on the Donlin Gold DEIS. Sincerely Dave Cannon

2 1 May 30, 2016 Keith Gordon, Project Manager U.S. Army Corps of Engineers, Alaska District CEPOA RD Gordon P.O. Box 6898 JBER, AK, E: Dear Mr. Gordon, Thank you for the opportunity to comment on the Donlin Gold Draft Environmental Impact Statement. I m a fish biologist who has lived and worked in the Kuskokwim Drainage for over eighteen years. During that time I ve worked for the U.S. Fish & Wildlife Service, The Kuskokwim Native Association and the Native Village of Napaimute. I ll begin by stating that I concur with the BLM s Section 810 Determination that states that there will be significant impacts to subsistence resources and/or subsistence users within the Kuskokwim River resulting from the operation of the Donlin Gold mine as described in all alternatives except Alternative 1. As it stands now, the majority of the Corps of Engineer s draft determinations throughout the DEIS have been given a rating of minor to moderate. However, given the immensity of the size and scope of the proposed project (i.e., possibly the world s largest gold mine) the question that must be asked at the very least is just how many moderate impacts would combine to synergistically coalesce into a significant one? IMPACT TO THE KUSKOKWIM RIVER & SUBSISTENCE RESOURCES The following is found in Section of the DEIS: Barging could potentially affect subsistence fishing by generating propeller wash and wakes that could interfere with fish nets, fish cutting rafts or fish wheels, and processing rafts, or erode river banks so that people either have to abandon or move fish camps. That statement alone supports the BLM s Section 810 Determination. However, to support the increased barging required for construction and operation of the proposed project, a substantially larger cargo terminal will be necessary in Bethel. A direct impact from that terminal would be to the traditional drift spot located across the river. The Bethel Native Corporation provided the following comments during the initial scoping statement period that were incorporated into the draft document: The choke point is magnified because the east bank of the Kuskokwim River, located opposite the proposed dock, is shallow and will become increasingly more shallow due to the natural flow

3 2 of the river and be accelerated by Knik s proposed dock expansion into the River. This site on the east bank is a traditional subsistence fishing site for BNC shareholders. The erosion caused by Knik s project would negatively impact BNC lands in the vicinity, including BNC lands and Indian trust lands on the east back [sic] through severe scouring or shoaling... (Bethel Native Corporation 2014). The draft document then had this to say regarding the potential hydrologic impacts that could alter a substantial section of river channel downstream of the terminal location, Additional discussion between the permit applicant and the Corps is underway regarding the potential hydrological effects. (Section ) Section states, Downriver of Aniak, the river is characterized by low gradient, interconnected meandering channels and sloughs. Tidal influence extends from Kuskokwim Bay upriver to Tuluksak (RM 136). Substantial lateral movement of the channel, which shifts continuously in response to changing levels of flow, has resulted in extensive natural bank erosion, riverbed scour, and high sediment loading. The following poster was provided by Donlin Gold in late April of 2016 at a meeting in Aniak and shows the construction of approximately 600 feet of riprap with a sheet pile bulkhead dock located at the existing Knik port site. Such reinforcement of the bank will divert stream channel energy away from the newly constructed section that could possibly exacerbate and accelerate the natural erosional

4 processes in downstream reaches resulting in repercussions with the village of Oscarville especially considering cumulative effects from further upriver already reinforced sections (i.e., the seawall protecting Bethel). 3 The figure below is taken from Figure of the DEIS and denotes the depositional areas in yellow and the actively eroding sections of channel in orange. Note how the upper end of the side channel that flows past Oscarville (and is less than one mile below the proposed port site) is labeled as susceptible to erosion as well as much of the west bank of the Kuskokwim River between Bethel and Oscarville. A thorough analysis by a hydrologist who specializes in large river systems should have been included in the Draft EIS, and must be considered in the Final EIS so that residents of the region are fully aware of potential trade- offs.

5 IMPACTS TO CROOKED CREEK 4 The excerpt from the table below (Table ) shows the likely impacts to Crooked Creek with the proposed alternative - Alternative 2. Other than the No Action alternative, the impacts would be the same for any alternative. Section states: Should the underlying geology of Crooked Creek reflect a high level of hydraulic conductivity, flow reductions in Crooked Creek between American Creek and Crevice Creek could be as high as 85 to 100 percent during Year 20 of operations. Farther downstream in Crooked Creek, flow reductions of 40 to 31 percent could occur near Getmuna and Bell creeks,

6 5 respectively (BGC 2015c). In this case, predicted streamflow reductions of such a high intensity would result in major impacts to salmon production in the middle and lower reaches of Crooked Creek. Tom Myers (May 2016) notes that much of the area is geologically heterogeneous and that high K fault areas coupled with high K bedrock values could actually result in water losses of over three times that of the modeled scenarios provided by Donlin Gold. Section states: The context of flow impacts is important since the Crooked Creek drainage from its mouth to the Donlin Creek drainage is regulated as EFH (Essential Fish Habitat) as it supports key life stages of salmon and other fish that are important to the Kuskokwim River subsistence community. Overall, streamflow reductions would result in aquatic habitat impacts that would range from moderate to minor and could be major under a High K scenario. Section follows up with: Reduced flows also could affect the frequency with which off- channel habitat maintains connection with the main channel. This is an important consideration because although off- channel habitats would likely re- connect to the main channel at some point during the year when the water stage increases, connections may no longer occur during very low flow periods in summer or winter resulting in temporary isolation of off- channel habitats from the main channel. This could affect rearing or spawning life phases of fish due to fish stranding and potential mortalities. Furthermore, a reduction in off- channel (or in- channel) winter habitat may adversely affect the survival of overwintering fish or incubating eggs if flows are reduced to the point where the water column becomes too shallow and freezes completely.

7 6 The photograph above shows natural conditions in the Aniak River, and is used to demonstrate how if 1/3 or more of the water were to be removed from Crooked Creek during the winter months would negatively affect more than the eggs normally exposed to threatening conditions. HOW IMPORTANT IS CROOKED CREEK & MAINTAINING BIOLOGICAL DIVERSITY THROUGHOUT THE ENTIRE KUSKOKWIM? The draft document states that Crooked Creek produces between only 0.1 and 0.2 percent of the entire Kuskokwim River s king salmon drainage- wide escapement goal. Similarly, the document estimates that roughly only 0.3 to 0.8 percent of the chum salmon escapement goal is produced in Crooked Creek (although there is no chum escapement goal for the Kuskokwim River (Section )). None- the- less, both species contribute less than 1 % of their respective overall population for the entire drainage. But those fewer fish - particularly Chinook salmon - may be vulnerable to subsistence or commercial harvest (i.e., incidentally during chum commercial openings) in the mainstem Kuskokwim, thereby lowering Crooked Creek s returns that much further. The context of that is highlighted in Section The oil and gas industry is also important to Alaska s fiscal health and overall economy because it is the funding source for the Alaska Permanent Fund, which is Alaska s largest financial asset..the fund is invested in a diverse portfolio of stocks, bonds, and real estate, and has grown in value to nearly $46.3 billion as of August 2013 (Goldsmith 2010b; Alaska Permanent Fund Corporation 2013). Biologists use a similar strategy when it comes to preserving biological diversity; in this case, conserving that diversity of the different Chinook salmon stocks in the entire Kuskokwim drainage (Schindler et al. 2010). The Kuskokwim drainage has had at least two river systems where habitat alteration or heavy exploitation associated with historic dredge mining activities are known to have reduced their biological productivity potentials. In the early 1900 s the Takotna River was transformed into a major access route for the Yukon s Innoko Mining District while the village of Takotna became a staging area and supply point for the mining activities (Molyneaux et al. 2000). During the summer months Takotna was a summer kenneling area for the dog teams used to support the miners, which fed the dogs salmon. Between dredging in several sections of the Takotna drainage, disturbance from steamboat activity, and the over- exploitation of salmon for dog food, salmon were basically extirpated from the Takotna River. (Elison et al. 2009) It was not until the 1980 s did local residents begin noticing salmon returning to the Takotna River. The Department of Fish & Game decided to support the village of Takotna in documenting the return of the salmon, and a counting tower operated by students between 1995 and A weir replaced the tower in 2000 and operated until 2013 in a cooperative effort between the Takotna Tribal Council and ADF&G (Elison et al. 2009). During the operation of the weir, the percentage of females returning to the Takotna River has averaged 25 percent (the range being 13 to 46%). The range of Chinook returning each year

8 7 has been between 97 to 721, with a steady decline the past seven years of operation. In 2010 only 25 females returned, 51 in 2011, 36 in 2012, and 25 in From an investment perspective, the future of Takotna River Chinook salmon would be termed bearish meaning on the downward slide. Hopefully, it doesn t bottom out completely. Similarly, the future of the Tuluksak s Chinook salmon is just as tenuous. This river system has experienced a drastic reduction of productivity due to past dredge mining that resulted in substantial habitat destruction. Consequently, the degraded habitat in conjunction with recent poor ocean conditions have resulted in only 52 female Chinook salmon escaping past the weir in 2010, 75 in 2011, 183 in 2012, 75 in 2013, and only 96 in (Miller and Harper 2014) Miller and Harper (2015) note that although the sockeye, chum, and silver salmon in the Tuluksak River have remained relatively stable or actually increased, the Chinook salmon population is severely depressed; they wonder just how those limited females will be able to contribute to future runs. In addition, recent increases in the number of Chinook salmon reaching McGrath and beyond the past two years due to the implementation of severe subsistence fishing restrictions, indicates that the heavy unrestricted subsistence fishing pressure (including the use of unlimited mesh size gear) in the lower river over the years likely has had a negative influence on the population structure of the upriver stocks; the term used by biologists to describe this practice as front end loading. Ray Collins, a member of the Kuskokwim Salmon Management Working Group and other respected elders, have expressed concern of this occurring for at least fifteen years. This front end loading tends to occur in most in- river fisheries where there is heavy pressure in the lower portion of river, and is also thought to occur in the Yukon River to the north of us. It s possible that each stream s individual fish population may be uniquely adapted genetically to their respective river, but it s not known if that s the case for Crooked Creek Chinook salmon. If a high K scenario played out, then Crooked Creek s salmon production would be reduced significantly as noted in Table , and if they were genetically unique, then that would lessen the diversity of the Kuskokwim s portfolio, thereby weakening the drainage s resilience when large- scale influences, such that climate change, might bring (Daniel Schindler, personal communication). This is something that needs to be considered in the Cumulative Effects section of the EIS. IMPACTS TO SMELT Another impact from the proposed activity would be on a major food item heavily relied on by subsistence users from Eek to Chuathbaluk as well as numerous coastal villages and that would be to the smelt. Very little even traditional knowledge - is known about the spawning habits of this small, but ecologically important fish. The table below shows the impacts that tugs are expected to have on the smelt eggs.

9 8 Baseline information for Crooked Creek has been collected for many years to provide a good understanding of the characteristics of an undisturbed population. For the smelt, however, there s only been two years of data collected as to where and when they spawned and what type of habitat they selected (Moulton and Morris 2015). During those two study years there was quite a bit of variability between the run timing and location of spawning; it s believed that water temperature is the major variable affecting the run timing while the stream velocity and channel substrate influence where the smelt decide to spawn. In 2014 the smelt averaged 28- miles a day on their upstream migration, while the second year only averaged 16. During that first year the bulk of the smelt spawned upstream of the Kalskag villages on May 22 nd in a section of river approximately 4- miles long, while the second year they spawned roughly 5- miles below Lower Kalskag on May 29 in a section of river 3- miles long (Moulton and Morris 2015). However, studies done elsewhere have determined that on average, development takes roughly 21 days. Based on the water temperatures during the 2014 and 2015 studies, the eggs most likely developed within 11 and 19 days (Larry Moulton Owl Ridge Natural Resource Consultants - personal communication). The graph below shows how low the Kuskokwim River water levels have been four of the last six years during the smelt run.

10 9 The concern with the smelt is that for all practical intents and purposes, it is a single population that enters the mouth of the Kuskokwim at the same time as opposed to a long protracted run for chums, kings and other salmon species. They then travel in a group upstream to their relatively limited area or areas to spawn. If something were to happen that would reduce the spawning and egg development success for any given year, a significant proportion of the population could be in jeopardy. Looking back at Table above, the Summary Impact level regarding the effects of riverbed prop wash scour on smelt eggs was determined to be moderate to major. In 2014 spawning occurred in pretty much one area approximately four miles long, with eggs found in depths from 4.9 feet to 13.7 feet; the majority (67%) were in water 5.9 feet to 8.8 feet deep. In 2015, smelt were documented using two areas in close proximity to spawn that totaled three linear miles, one in the main channel and the other in a side channel. The depth varied from 8.3 feet to 23.2 feet; 94% were documented to be in 8.5 feet to 18.3 feet of water (Moutlon and Morris 2015). However, with only two years of data, it is uncertain exactly what the geographic range is where smelt spawn. On page 149 of the biological section of the analysis (Section 3.13), the draft document states the following based on computer modeling: Impacts from prop wash could be reduced if barge traffic between late May to mid- June travels along the deepest portions of the channel in reaches where rainbow smelt spawning has been previously documented. Disturbance to substrates (and incubating eggs) would be minimized if barges travel along depth contours that would allow the tug to maintain a gross under keel clearance greater than feet (you must add 3 to 7.5 ft. to compensate for the draft of the tug). During the 2015 rainbow smelt spawning survey, spawning occurred as shallow as 8.7 feet along a relatively confined channel segment. In such locations, a medium to high level of injury or mortality to incubating eggs could have resulted from the propeller scour of passing tug traffic, depending on the tug s horsepower rating and engine speed. Because of the narrow width and relatively

11 10 shallow depth across this particular channel segment, it is unlikely that impacts to incubating rainbow smelt eggs could have been avoided by altering the line of travel of barge traffic (emphasis added). Similar impacts to other resident fish species that could spawn in the mainstem channel also would be at risk. Based on this analysis, prop wash from a tug in passage is expected to cause a medium to high intensity of scouring to gravel- size riverbed substrates at localized areas along the navigation route, particularly in waters with an under keel depth shallower than approximately 8 to 10 feet. Such impacts would extend over a long- term duration from construction through operation. (emphasis added) Here are a few of the impact reducing design features noted on page 150 in the draft document in Section 3.13: To minimize or avoid impacts of prop wash forces on early life stages of fish and in recognition of ever- changing river conditions, a series of operational measures would be implemented that include:. Maintaining detailed logs of river conditions, including measurements of depths and current speeds and directions at critical reaches, by tug captains during each trip with information made immediately available to other fleet captains;. Restricting passages through shallow and narrow river segments with sharp bends to one- way traffic using radio check control when approaching and after completing such passages; and. Use of electronic charts, GPS radar overlay, barge speed and location monitoring, continuous crew training, river navigation aids along the travel route, and an ongoing analysis and mapping of areas with potential operational and ecological risks. Page 143 of Section 3.13 state: To minimize potential impacts of bed scour, barge traffic would be tracked using GPS and real- time river stage and depth monitoring systems to ensure vessel passages are conducted through the deeper portions of the channel, especially in confined and shallow segments of the river. The use of the word ensure is inappropriate because there are no assurances that the tugs and barges will not deviate from the deepest sections and the possibility exists that developing eggs would be in close proximity to the deepest section (i.e., thalweg), and that the water depth in the deepest section would be inadequate to protect the eggs from harmful prop turbulence. One problematic scenario arises when two barges traveling in opposite directions pass each other in the area where the smelt have spawned (which can be at least 4- miles long). Each barge would likely straddle the thalweg, thereby coming even closer to, or directly over, developing eggs. To reiterate what was stated several paragraphs above - During the 2015 rainbow smelt spawning survey, spawning occurred as shallow as 8.7 feet along a relatively confined channel segment. In such locations, a medium to high level of injury or mortality to incubating

12 11 eggs could have resulted from the propeller scour of passing tug traffic, depending on the tug s horsepower rating and engine speed. Because of the narrow width and relatively shallow depth across this particular channel segment, it is unlikely that impacts to incubating rainbow smelt eggs could have been avoided by altering the line of travel of barge traffic. No matter what technology is used (e.g., GPS tracking or depth monitoring), it s not possible to ensure vessel passages are conducted through the deeper portions of the channel ; if that were the case, there would be far fewer barge strandings than currently occur in the Kuskokwim River. As noted above, there is no population estimate for smelt, and deriving an accurate one would be extremely difficult if not impossible. Unfortunately, there would be no wiggle room to find a solution via adaptive management strategies for dwindling smelt numbers once they began to decline. As far as mitigation, the only way to ensure that barging would not have an impact on the smelt population would be to cease barge travel in the section of river between Tuluksak and Aniak from the time that the smelt are known to be approaching Tuluksak and for a minimum of 24 days following the spawning event (to allow for outmigration of juveniles). IS THERE A MAJOR FLAW IN THE DRAFT DOCUMENT? Not only is the word ensure inappropriately used in the excerpt above, but also numerous other instances throughout the draft document. Several examples follow: At the completion of contouring of the WRF (waste rock facility) and TSF (tailings storage facility), a layer of unconsolidated material from the North and South overburden stockpiles would be spread over the surface that would be overlain with an additional layer of growth media (topsoil and overburden). This material would be tested to ensure it is non- PAG (potentially acid generating). The WRF would be designed to maximize concurrent reclamation, minimize the effects of PAG materials, minimize infiltration and erosion, and promote controlled surface runoff and revegetation. (Section ) Regarding invasive plants, the draft document states: Requiring infrastructure to provide for thorough cleaning, inspection, and documentation of equipment, vessels, vehicles, aircraft and materials used in the construction and operations phases; the purpose is to ensure all non- native invasive species propagules are removed at critical control points. Infrastructure may include wash stations, inspection stations, treatment tools, treatment equipment, storage facilities, identification training protocol, and staging locations; Monitoring and evaluating success of revegetation, included as part of the Stabilization, Rehabilitation and Reclamation Plan; implementing a regular monitoring schedule during the Project and for three years after Project closure to ensure that any invasive species transported to the site are promptly detected and controlled.

13 12 Inspection of any materials to be used in reclamation at the site of origin to ensure they are free of invasive material before use and transport; treating or avoiding infested sources. (Section ) Here s another case dealing with adaptive management where the word ensure is inappropriately used: This plan recognizes that every project is unique and that no plan can forecast exactly how a specific site will respond to the proposed grading, planting, and alterations to the hydrologic regime over time. Adaptive management will be implemented based on the results of monitoring and site response to applied management actions. Adaptive management of the mitigation measures in Crooked Creek would ensure they would be constructed and maintained to function optimally. Adaptive management can be employed at any time during planning, construction, or operation, if it becomes apparent the proposed mitigation site is not functioning properly. (P44 V 19 of the hard copy) If one is to count how many times the word ensure is used throughout the document, you ll find it over 230 times. Ensuring anything is a lofty goal, but the reality is that although many things can be insured, relatively few things in life can be assured. To be 100% certain that those things above will or won t happen is impossible. The reality is that over time, mitigation measures often become lax due to time constraints or cost overruns, or fall victim to implementation error and human error. WORST CASE SCENARIOS It appears that there is no worst- case scenario when it comes to a tailings dam failure but considering how important subsistence resources, particularly numerous fish species from the Kuskokwim River are, there should be. It s disconcerting to us who live in the Kuskokwim to know that Donlin Gold is not in favor of such analysis. Here is an excerpt from a scoping letter Donlin Gold supplied to the Corps in March of 2013: The CEQ regulations and relevant judicial decisions require consideration of reasonably foreseeable impact; however, agencies do not have to require remote and highly speculative consequences. This distinction is reflected in CEQ guidance which no longer requires evaluation of the so- called "worst case scenario" (see question 21 Worst- Case Analysis was withdrawn). Some participants at the scoping meetings stated that the EIS needs to address catastrophic failures such as pipeline breaks or dam failures. In considering the extent to which issues such as these should be addressed in the EIS, if at all, we encourage the Corps to give due consideration to those impacts which are foreseeable and essential to the consideration of alternatives versus those which are remote and highly speculative. For example, we know of no other EISs that evaluated impacts due to a tailings dam failure, and we think that scenario should not be evaluated in the Donlin Gold EIS. That scoping letter was written before the catastrophic Mount Polley tailings dam failure in British Columbia and the more recent Brazilian collapse that killed over seventeen people both relatively new projects, not legacy mines. An expert panel who analyzed the causes of the Mount Polley breach concluded: Tailings dams are complex systems that have evolved over the years. They are also unforgiving systems, in terms of the number of things that have to go right. Their reliability is contingent on consistently

14 13 flawless execution in planning, in subsurface investigation, in analysis and design, in construction quality, in operational diligence, in monitoring, in regulatory actions, and in risk management at every level. All of these activities are subject to human error (Morgenstern et al. 2015). Consequently, the current DEIS is woefully inadequate in regards to considering a major tailings dam failure and how that would affect aquatic resources as well as subsistence users. Thank you for the opportunity to provide comments. Dave Cannon P.O. Box 355 Aniak, AK REFERENCES Elison, T. B., D. L. Williams, and C. Goods Takotna River salmon studies, Alaska Department of Fish and Game, Fishery Data Series No , Anchorage. Miller, S. J., and K. C. Harper Abundance and run timing of adult Pacific salmon in the Tuluksak River, Yukon Delta National Wildlife Refuge, Alaska, U.S. Fish and Wildlife Service, Kenai Fish and Wildlife Field Office, Alaska Fisheries Data Series Number , Kenai, Alaska. Miller, S. J., and K. C. Harper Abundance and run timing of adult Pacific salmon in the Tuluksak River, Yukon Delta National Wildlife Refuge, Alaska, U.S. Fish and Wildlife Service, Kenai Fish and Wildlife Field Office, Alaska Fisheries Data Series Number , Kenai, Alaska. Moulton, L.L., and W.A. Morris Rainbow smelt spawning survey Kuskokwim River, Alaska 2014 to Report prepared by Owl Ridge Natural Resource Consultants, Inc. for Donlin Gold, LLC. Anchorage, AK. Molyneaux, D. B., L. DuBois, B. Mwarey, and J. Newton Takotna River counting tower, project summary, Alaska Department of Fish and Game, Division of Commercial Fisheries, Regional Information Report 3A00-13, Anchorage. Morgenstern, Norbert R. (Chair), CM, AOE, FRSC, FCAE, Ph.D., P.Eng.; Mr. Steven G. Vick, M.Sc., P.E.; and, Dr. Dirk Van Zyl, Ph.D., P.E., P Eng. Report on Mount Polley Tailings Storage Facility Breach, Independent Expert Engineering Investigation and Review Panel, Province of British Columbia.

15 Moulton, L.L., G. Johnson, K. Latimer, E. Hoz and J. Starkes Rainbow smelt spawning survey Kuskokwim River, Alaska Report prepared by Owl Ridge Natural Resource Consultants, Inc. for Donlin Gold, LLC. Anchorage, AK. 14 Myers, Tom Technical memorandum review of the draft supplement environmental impact statement for the Donlin Gold project prepared for the the Northern Alaska Environmental Center. Schindler, D. E., R. Hilborn, B. Chasco, C. P. Boatright, T. P. Quinn, L. A. Rogers, and M. S. Webster Population diversity and the portfolio effect in an exploited species. Nature 465: