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Hi Rick, I can confirm that drilling locations have not yet been

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1. From Walbourne Rick To tony morris slwb com Cc Jenica von Kuster Subject DFO Comments on SLWB Item 12S 002 Husky Oil Operations Ltd Permafrost and Aggregate Survey Land Use Permit Application Date August 10 12 9 07 35 AM Attachments Mineral Exploration pdf Hi Tony Jenica I ve reviewed the information you provided related to the survey activities described in the subject land use permit application and concluded that DFO has no concerns As outlined below it is DFO s understanding that no water use will be required and that drilling locations are yet to be determined have attached our Mineral Exploration Operational Statement for your information While realize that a mineral exploration project would have a wide array of components that are outside the scope of your sampling program there are measures within that document that should be implemented where appropriate If you wish to discuss further feel free to contact me at your convenience at 669 4926 Rick Rick Walbourne Habitat Biologist Biologiste Habitat 867 669 4926 facsimile t l copieur 867 669 4940 Rick Walbourne dfo mpo gc ca Fish Habitat Management Western Arctic Area Gestion de l Habitat du Poisson Secteur de l Arctique de l Ouest Central and Arctic Region R gion Centrale et de l Arctique Fisheries and Oceans Canada 301 5204 50th Ave Yellowknife NT X1A 1E2 P ches et Oc ans Canada 301 5204 50 Ave Yellowknife T
2. N O X1A 1E2 Government of Canada Gouvernement du Canada From Jenica von Kuster mailto enica vonKuster mwhglobal com Sent Thursday August 09 2012 1 39 PM To Walbourne Rick tony morris slwb com Subject Re Request for Comments on SLWB Item 12S 002 Husky Oil Operations Ltd Permafrost and Aggregate Survey Land Use Permit Application Hi Rick can confirm that drilling locations have not yet been determined because the geophysical survey crew is still conducting their field survey This heli portable drilling program is contingent on the results of this field survey Correct there will be no water use for the conduct of this program Regards Jenica Sent from my BlackBerry From Walbourne Rick mailto Rick Walbourne DFO MPO GC CA Sent Thursday August 09 2012 01 33 PM To tony morris slwb com lt tony morris slwb com gt Cc Jenica von Kuster Subject RE Request for Comments on SLWB Item 12S 002 Husky Oil Operations Ltd Permafrost and Aggregate Survey Land Use Permit Application Hi Tony Can you clarify if drill locations have been determined yet Basically l m trying to get an estimate on proximity to water Also it s my understanding that no water will be required at all even for drilling Thanks Rick Rick Walbourne Habitat Biologist Biologiste Habitat 867 669 4926 facsimile t l copieur 867 669 4940 Rick Walbourne dfo mpo gc ca Fish Habitat Management West
3. c environments disturbance to fish and fish habitat during sensitive life stages and water withdrawals particularly during low water periods associated with drilling surface stripping and camp operations Direct fish mortality can occur as a result of the use of explosives in or near water and during pumping activities either through dewatering or entrainment impingement Fisheries and Oceans Canada DFO is responsible for protecting fish and fish habitat across Canada Under the Fisheries Act no one may carry out a work or undertaking that will cause the harmful alteration disruption or destruction HADD of fish habitat unless it has been authorized by DFO By following the conditions and measures set out below you will be in compliance with subsection 35 1 of the Fisheries Act Version 1 0 The purpose of the following sections is to describe the conditions under which this Operational Statement is applicable to your project and the measures to incorporate into your project in order to avoid negative impacts to fish and fish habitat You may proceed with your mineral exploration activities without a DFO review if the following conditions apply to your activities e your planned work is not located in a critical area as identified in a NWT Community Conservation Plan or other applicable land use plan e your project involves only small diameter low density drilling see definition below when carried out on ice e no drill s
4. cy spill kit on site in case of fluid leaks or spills from machinery 15 Apply appropriate measures including an emergency contingency plan for inadvertent spills to ensure that deleterious substances such as drill cuttings acidic or metal leaching water petroleum products sediment and debris do not enter any water body Install effective sediment and erosion control measures where appropriate before starting work to prevent entry of sediment into any water body Inspect them regularly during the course of the work and make all necessary repairs if any damage or malfunction occurs 16 1 Ensure that the discharge of any water into or near a water body is done in a manner that prevents sedimentation or erosion e g by stabilizing the discharge site Stabilize and reclaim all disturbed areas upon completion of work Immediately remove all debris or waste produced or associated with the work Stabilize any waste materials removed from the work site to prevent them from entering any water body This could include covering spoil piles with biodegradable mats or tarps or planting them with preferably native grass or shrubs Vegetate any disturbed areas by planting and seeding preferably with native trees shrubs or grasses and cover such areas with mulch to prevent erosion and to help seeds germinate If there is insufficient time remaining in the growing season the site should be stabilized e g cover exposed areas
5. ern Arctic Area Gestion de l Habitat du Poisson Secteur de l Arctique de l Ouest Central and Arctic Region R gion Centrale et de l Arctique Fisheries and Oceans Canada 301 5204 50th Ave Yellowknife NT X1A 1E2 P ches et Oc ans Canada 301 5204 50 Ave Yellowknife T N O X1A 1E2 Government of Canada Gouvernement du Canada From LWB System Administrator mailto sqimail dpra com Sent Thursday August 09 2012 11 35 AM To Bruce Stebbing gov nt ca jeff walker gov nt ca Walbourne Rick jenica vonkuster mwhglobal com Russell _ Teed Gov NT CA northernapps neb one gc ca coo nwic ca Robert_Savoury gov nt ca townmgr normanwells com nwrrc nwilc ca tony morris slwb com Glen_Mackay gov nt ca Amy_Lizotte gov nt ca patricia _kyle gov nt ca EC EA NWT ec gc ca ykphil gmail com mark_davy gov nt ca patrick_clancy gov nt ca rhonda_batchelor gov nt ca conrad baetz aandc aadnc gc ca director srrb nt ca exec_director sahtulanduseplan org preliminaryscreening reviewboard ca zabey mviwb com ebamountaindene theedge ca receptionist nwic ca kate witherly cannor gc ca matthew spence cannor gc ca nancy gonzales dpra com Cc tony morris slwb com ken hansen huskyenergy com Subject Request for Comments on SLWB Item 12S 002 Husky Oil Operations Ltd Permafrost and Aggregate Survey Land Use Permit Application The Sahtu Land and Water Board invites reviewers to submit comments on 12S 002 Husky Oil Operations Ltd Pe
6. et up unless carried out on ice pitting trenching or stripping operations are proposed below the Ordinary High Water Mark HWM see definition below of any water body e no on ice drilling in Known fish spawning habitat and no large diameter on ice drilling 100 mm will occur e no drilling with saltwater in permafrost conditions will occur e no explosives will be used in or near any water body e all drill cuttings will be contained and prevented from entering any water body e pits or trenches will be dug by hand or mechanical means other than hydraulic water trenching e this Operational Statement is posted at the work site and is readily available for reference by workers and e you incorporate the Measures to Protect Fish and Fish Habitat during Mineral Exploration Activities listed below in this Operational Statement If you cannot meet all of the conditions listed above and cannot incorporate all of the measures listed below then your project may result in the violation of subsection 35 1 of the Fisheries Act and you could be subject to enforcement action In this case it is recommended that you contact the DFO office in your area to obtain DFO s opinion on the possible options to avoid contravention of the Fisheries Act You are required to respect all local municipal territorial or federal legislation that applies to the work being carried out in relation to this Operational Statement The activities undertaken
7. in this Operational Statement must also comply with the Species at Risk Act www sararegistry gc ca If you have questions regarding this Operational Statement please contact the DFO office in your area See Northwest Territories DFO Office list We ask that you notify DFO preferably 10 working days before starting your work by filling out and sending the Northwest Territories Operational Statement notification form www dfo mpo gc ca regions central habitat os eo provinces territories territoires index eng htm to the DFO office in your area This information is requested in order to evaluate the effectiveness of the work carried out in relation to this Operational Statement i Canada Measures to Protect Fish and Fish Habitat during Mineral Exploration Activities Site Access and Preparation 1 Use existing trails roads or cut lines wherever possible to avoid disturbance to the riparian vegetation For winter access and stream crossings please refer to the Ice Bridges and Snow Fills and Temporary Stream Crossing Operational Statements While this Operational Statement does not apply to the clearing of riparian vegetation the removal of select plants within the exploration site may be required to meet operational and or safety concerns Vegetation removal is to be minimal and when practicable prune or top the vegetation instead of uprooting Temporary Work Camps Docks 3 Utilize previously cleared areas or nat
8. l Statement addresses activities that may occur in or near water and may impact fish and fish habitat if appropriate measures are not implemented Mineral exploration activities may involve site reconnaissance line cutting temporary work camp operations small diameter low density drilling high density drilling and or bulk sampling extraction of large samples of mineralized material through large diameter drilling pitting trenching and surface stripping This Operational Statement applies to all of the above mineral exploration activities when conducted on land and to small diameter low density drilling see definition below when carried out on ice These activities are considered to be of low risk to fish and fish habitat when carried out in accordance with this Operational Statement Other activities with the potential to affect fish or fish habitat such as providing access to the site camp waste management and seismic operations are not covered by this Operational Statement For purposes of access please see the Operational Statements for Ice Bridges and Snow Fills Clear Span Bridges and Temporary Stream Crossing A Dock and Boathouse Construction Operational Statement is available if a temporary dock is required Impacts to fish and fish habitat can occur during mineral exploration activities through loss of riparian habitat during site clearing erosion and sedimentation release of drilling fluids and cuttings into aquati
9. rmafrost and Aggregate Survey Land Use Permit Application via the LWB Online Review System e To access 12S 002 Husky Oil Operations Ltd Permafrost and Aggregate Survey Land Use Permit Application please follow this link LWB Online Review System e The deadline for reviewers to submit comments is Aug 31 at 11 59 PM e The deadline for the proponent to submit responses is Sep 07 at 11 59 PM e The User Manual for the LWB Online Review System is available here This request is being distributed by email only If you require materials to be mailed or faxed or require other assistance please contact the Sahtu Land and Water Board e Tony Morris 867 598 2413 ext 223 tony morris slwb com Please sign in to update your notification preferences and note that this is a system generated email so any feedback should be directed to permits mvlwb com P ches et Oc ans Canada Fisheries and Oceans Canada ivi MINERAL EXPLORATION ACTIVITIES Mineral exploration activities are undertaken to determine the presence of geological formations which may contain deposits such as precious metals base metals gemstones coal or other minerals as well as to determine the extent geometry and grade of such deposits Drilling pitting trenching and surface stripping are common activities undertaken during mineral exploration Temporary work camps and docks are often established to support mineral exploration activities This Operationa
10. sers 11 4 Ensure water pump intakes are designed and operated in a manner that prevents streambed disturbance and fish mortality Guidelines to determine the appropriate design for intake screens may be obtained from DFO e g Freshwater Intake End of Pipe Fish Screen Guideline 1995 available at www dfo mpo gc ca Library 223669 pdf General Measures 12 13 14 Maintain an undisturbed natural buffer zone between areas of on land exploration e g pitting trenching or surface stripping and the HWM of any water body to assist in sediment and erosion control and retention of riparian vegetation Time any in water mineral exploration activities to prevent disruption to sensitive fish life stages by adhering to appropriate fisheries timing windows See the Northwest Territories In Water Construction Timing Windows with the exception of on ice drilling see Measure 9 or any water withdrawal activities see Measure 11 Operate machinery in a manner that minimizes distur bance to the water body bed and banks and prevents entry of deleterious substances into any water body 14 1 Machinery is to arrive on site in a clean condition and is to be maintained free of fluid leaks 14 2 Wash refuel and service machinery and store fuel and other materials for the machinery away from the water except for projects involving on ice drilling where appropriate precautions are taken to prevent spills 14 3 Keep an emergen
11. the natural vegetation changes from pre dominately aquatic vegetation to terrestrial vegetation excepting water tolerant species For reservoirs this refers to normal high operating levels Full Supply Level CROSS SECTION OF INLAND LAKES WETLANDS OR MARINE ENVIRONMENTS TERRESTRIAL yEGETATION FISHERIES AND OCEANS CANADA OFFICES IN NORTHWEST TERRITORIES Yellowknife Area Office Inuvik District Office Fisheries and Oceans Canada Fisheries and Oceans Canada Suite 101 Diamond Plaza Box 1871 5204 50th Ave Inuvik NT XOE OTO Yellowknife NT X1A 1E2 Phone 867 777 7500 Phone 867 669 4900 Fax 867 777 7501 Fax 867 669 4940 Aussi disponible en fran ais http www dfo mpo gc ca habitat habitat fra htm Her Majesty the Queen in Right of Canada 2009 This Operational Statement Version 1 0 may be updated as required by Fisheries and Oceans Canada It is your responsibility to use the most recent version Please refer to the Operational Statements web site at www dfo mpo gc ca habitat habitat eng htm to ensure that a more recent version has not been released
12. to spring break up Pitting Trenching and Surface Stripping 10 Undertake pitting trenching and surface stripping ina manner that ensures sediment laden run off does not enter any water body by using appropriate set backs from the HWM and other effective sediment and erosion control measures e g direct run off to vegetated areas away from a water body or to an appropriately located sump and stabilize any stockpiled material to prevent sediment from entering any water body Water Withdrawal 11 In order to avoid negative impacts to fish and fish habitat caused by flow alterations reduction in water levels or entrainment impingement at water pump intakes the following measures are to be incorporated for any water taking activities 11 1 Whenever feasible withdraw water from non fish bearing water bodies only 11 1 1 If fish bearing water bodies cannot be avoided during times of ice cover use DFO s NWT Winter Water Withdrawal Protocol available from the DFO offices listed below 11 2 Ensure water withdrawal volumes do not impact fish or fish habitat Withdrawals from fish bearing waters should not result in any noticeable change in water level or downstream flows particularly during sensitive life stages e g by dewatering spawning or egg incubation areas 11 3 For any multiple or simultaneous water withdrawals consider the cumulative impact of the total withdrawal volume on fish habitat by all water u
13. ural openings for temporary work camps or otherwise limit the amount of vegetation that is disturbed Locate work camps including storage areas fuel caches and helicopter landing pads on dry stable ground above the HWM and employ measures to prevent the release of sediment or deleterious substances into any water body Ensure that any temporary dock remains secure and in good repair and is fully removed from below the HWM immediately following exploration activities at the site Exploratory Drilling 6 Contain all drill cuttings fluids or sludge in closed systems for reuse off site disposal or otherwise contain and stabilize them to prevent their entry into any water body 6 1 Where sumps are utilized they are located above the HWM of any water body and are able to contain all drilling waste Use only non toxic drilling additives and muds Plug and permanently seal any artesian flow that is encountered and any holes drilled in wet areas e g lake or wetland upon completion of the project Small diameter low density on ice drilling see definition below may be undertaken except in known fish spawning habitat in which case the Operational Statement does not apply Avoid drilling in gravel or rock rubble substrates in water depths less than four 4 metres within water bodies where fall spawning fish species e g trout whitefish are likely to be present 9 1 Remove all project materials from the ice prior
14. with biodegradable erosion control blankets to keep the soil in place and prevent erosion until naturally re vegetated the following spring If re vegetation is not possible due to climatic extremes and or lack of appropriate seed or stock the site should be stabilized using effective sediment and erosion control measures In areas with permafrost care should be exercised to ensure these measures do not cause thawing or frost heave 19 1 Maintain effective sediment and erosion control measures until re vegetation of disturbed areas is achieved or until such areas have been permanently stabilized by other effective sediment and erosion control measures in the event that re vegetation is not possible Definitions Small Diameter Low Density Drilling for on ice drilling small diameter boreholes lt 100 mm diameter with drill sites consisting of no more than three boreholes each and drill sites spaced no closer than 15 m apart Ordinary High Water Mark HWM The usual or average level to which a body of water rises at its highest point and remains for sufficient time so as to change the characteris tics of the land In flowing waters rivers streams this refers to the active channel bank full level which is often the 1 2 year flood flow return level In inland lakes or wetlands it refers to those parts of the water body bed and banks that are frequently flooded by water so as to leave a mark on the land and where

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