Gwich'in Land and Water Board
March/26/2008
Staff Report on G15Q002
Prepared by Bonnie Bergsma June 15, 2015
1. Introduction
The Land and Water Board's staff received a land use application May 4, 2015, proposing to continue the Quarry
operation activities previously permitted under Land Use Permit G08Q001 for a five year period at km 44 of the
Dempster Highway. Gwich’in Private Lands (GLA). This report is intended to be used as a decision making document
when board members are considering issuing a land use permit for the operation.
The Engagement Policy allows for Boards to consider requests from proponents for exemptions from engagement. In this
case, since this is an existing land use operation and any impacts have already occurred and there were no community
concerns from the initial application, the applicant requests an exemption from engagement at this time.
Board Recommendation on Exemption from Engagement:
2. Process Requirements
May 12th, 2015 – Sent a letter of Application Incomplete to Gwich’in Development Corporation – GDC.
May 14th, 2015 – Received additional information from GDC
May 22nd – Accepted application as Complete
May 22nd - Sent out Letter of Review to all participating parties to review the Application.
June 9th, 2015 – Comments Received on application from:
June 9th, 2015: G.S.C.I
The application indicates that new areas of the pit will be opened, and there may be clearing of
overburden. The areas of the pit with topsoil which may be excavated may have undiscovered archaeological sites, which
are protected by law. The GSCI requires that the Assessment Archaeologist at the Prince of Wales Northern Heritage
Centre in Yellowknife be contacted to determine if an archaeological impact assessment is required before there are any
ground-altering impacts to previously-undisturbed areas.
The pit is in proximity to the Midway Lake Music Festival grounds, and is within traditional hunting and berryharvesting areas. The GSCI requests that quarrying and hauling not occur if and when it will interfere with the Midway
Lake Music Festival (generally August long weekend), and requests that the excavators ensure that dust is kept to a
minimum during local berry-picking season.
As with any application, if archaeological or heritage materials are encountered during development within the
Gwich’in Settlement Area, all work must cease immediately as required by law, and the GSCI and the Prince of Wales
Northern Heritage Centre in Yellowknife must then be contacted.
June 9th, 2015: GNWT Lands
The GNWT Lands sent a set of standard terms and conditions that they would like to see included in the
Land Use Permit.
June 9th, 2015: GNWT-ENR
The ENR has no comments or recommendations for the consideration of the Board at this time.
June 9th, 2015: G.R.R.B.
Proponent is reminded to adhere to the regulations concerning fish and wildlife according to the following
Acts and legal documents:
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Migratory Birds Convention Act
NWT Wildlife Act
Species at Risk Act (federal and NWT)
Gwich’in Land Use Plan
Fisheries Act
The proponent shall ensure that any chemicals, fuel or wastes associated with the proposed project do not enter
waters frequented by fish and to report all spills regardless of product and amount.
The proponent shall suspend activities temporarily if caribou, moose, sheep, grizzly bear and/or muskoxen are
spotted within 500m of any work site and to resume once the animal(s) have left the area.
Species at risk that may be encountered in these areas include the Peregrine Falcon (Falco peregrines anatum),
Woodland Caribou (Boreal population_Rangifer tarandus caribou) and Bank Swallow (Riparia riparia).
 Bank swallows, their nests, populations and individuals are protected under the Migratory Birds
Convention Act, 1994;
 Bank swallows have been assessed as ‘Threatened’ by COSEWIC, are being considered under the federal
Species at Risk Act and the GRRB has approved this listing. They will likely be listed within the next five
years, within the length of this application. Thus, the proponent should, at minimum, incorporate
recommendations made within the Migratory Birds Conventions Act guidance document for aggregate
producers available on-line:
https://www.ossga.com/multimedia/38/fs_bank_swallows-assga.pdf
 Bank swallows are known to nest in quarries. Therefore, GRRB staff recommend that aggregate pits
should be examined for Bank Swallow colonies, stockpiling of materials prior to breeding season should
be done (as recommended by the guidance document) and a Bank Swallow Contingency Plan also be
submitted.
June 11th, 2015 – Response to reviewer comments received from the applicant:
Re: comments from the Gwich'in Renewable Resources Board (GRRB), please be assured that GDC will adhere
to all applicable laws and regulations and all conditions attached to the land use permit. In addition, GDC will forward
the pamphlet "Bank Swallows in Pits and Quarries, Guidance for Aggregate Producers" with instructions to adhere to
these guidelines to the project manager, employees and/or contractors who may be working in the quarry.
Re: comments from the Gwich'in Social and Cultural Institute (GSCI), please be assured that work at the quarry
will cease immediately if archeological or heritage materials are encountered. GDC will also ensure that work at the
quarry does not interfere with the Midway Lake Music Festival. It is anticipated that there will be minimal to no activity
at the quarry during the weekend of the festival.
Re: comments from the Government of the Northwest Territories, GDC takes note of their suggestions regarding
conditions that may apply to the permit.
3. Summary of Potential Impacts and Mitigation Measures
As this application is a renewal for a development that has been permitted previously, and there have been no
modifications to the project, the Applicant is requesting an exemption from preliminary screening pursuant to Part 5 of the
MVRMA. (see Exemption List Regulations (Schedule 1, Part 1(2)) made under subsection 143(1) of the MVRMA).
Board Recommendation for Exemption from Preliminary Screening:
4. Recommendations
To address reviewer comments and concerns, the following conditions were included in the Land Use Permit:
Condition 11. Shut Down Period was added to specifically identify the Midway Lake Festival time as a period of
shut down.
Conditions 25., 26., 27., 28. address concerns related to archaeological or heritage materials.
Condition 29. Dust Levels was added to ensure excavators keep dust to a minimum during berry-picking season.
Condition 46. Wildlife Disturbance was added to ensure activities are suspended when identified wildlife are
spotted within 500m of the work site.
Condition 47. Migratory Bird Disturbance was added to address concerns related to Bank Swallows.
Condition 48. Conform to Applicable Laws was added to ensure Fish and Wildlife regulations are adhered to.
Board Recommendation for Issuance of Land Use Permit: