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Commitments - Nunavut Impact Review Board by pengxuebo

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									                                                                                            Draft List of Commitments for the Baffinland's Mary River Project (08MN053)
                                                                                                                        (as of October 18, 2011)




NOTES IN REGARD TO COMMITMENTS LISTED BELOW:
THESE COMMITMENTS ARE IN DRAFT FORM

1) Please note that any commitments requiring submission of materials prior to the final environmental impact statement (FEIS) are to be included within the FEIS where applicable.
2) Where it is requested that data be provided, it is expected a related discussion will also be included within the FEIS.
3) Where no timelines are indicated, Baffinland is to provide.


Commitments
No Pre-Hearing Commitment                                                                                                            To be           Timeline        Additional Comment                          NIRB Notes
                                                                                                                                     provided by:
DEIS Organization, Alternatives Assessment
1    Further detail on the assessment of the alternative of year round shipping, with periodic suspensions to be provided            Baffinland      FEIS
     within FEIS including discussion on stock piling, incremental costs and shipping
2    Discussion on alternatives assessment regarding floating camp at Steensby Inlet                                                 Baffinland      Prior to pre-
                                                                                                                                                     development
3    Provide information on water management and potential impact on aquatic resources to be provided related to the new             Baffinland      FEIS
     option being considered to house the Steensby Port construction camp in floating accommodations.
4    Re-evaluation of the port options within the alternative assessment, particularly eastern Baffin locations, including           Baffinland      FEIS                                                        Need to include reference to socio-economics or
     additional information in support of Baffinland's ratings criteria.                                                                                                                                         provide different commitment as per discussion
                                                                                                                                                                                                                 during socio-economic session
5    Cross referencing as outlined within NIRB's EIS guidelines to be applied within the FEIS (e.g. include section number           Baffinland      FEIS
     and page number) and update concordance table
6    Update VEC summaries developed for communities in cooperation with QIA (i.e., updated appendices to DEIS).                      Baffinland      FEIS
7    Provide more information on where Inuit Qaujimajatuqangit (IQ) was incorporated within the DEIS. Baffinland to work             Baffinland      FEIS
     with QIA on additional information to be submitted in FEIS
8    Provide within the FEIS clarity and evidence for how IQ was used within the effects assessments and significance                Baffinland      FEIS
     determinations
9    Provide alternative analyses reports on railroad options within FEIS including alternative rail analysis.                       Baffinland      FEIS            QIA comment: communities would like to
                                                                                                                                                                     see more details on railroad alternative
                                                                                                                                                                     assessment including selection on rail,
                                                                                                                                                                     port and shipping options (Comment F8)

10   Provide details regarding the final shipping route and rail route. Include determination and discussion on the selection        Baffinland & TC prior to FEIS   Additional discussion with TC prior to
     of final shipping route                                                                                                                                         inclusion within FEIS
11   Provide information regarding security and routine inspection of shipping routes. Discussion to include duties at the           Baffinland & TC prior to FEIS   Meeting to be set-up between Baffinland
     selected port including routine inspection.                                                                                                                     and TC to discuss requirements for
                                                                                                                                                                     security. Discussion to include
                                                                                                                                                                     emergency response and commitments
                                                                                                                                                                     made as per #14 and #15

12   Provide a standalone report/appendix regarding the requirements for the water licence application as part of the FEIS. Baffinland               FEIS            Related to QIA F-1, F-5, F-7
     This should include management plans that support the water licence application that are complete and submitted either
     with the application, or prior to commencement of the associated activity, as appropriate; a water quality cross-reference
     table and corresponding maps in the water licence application, specifying which samples are for SNP, discharges or
     AEMP monitoring; and supporting engineering reports, drawings and management plans.


Marine Environment, Marine Wildlife, and Marine Shipping
13   Once the quantities of marine HADD have been determined, Baffinland will develop fish habitat compensation options              Baffinland      FEIS
     that can address the extent of the HADD.
14   Additional oceanographic data will be collected as required to support detailed design. The final EIS will further              Baffinland      FEIS
     consider the issues of ice roughness, converging wakes and effects on coastal areas, including walrus haulout sites.

15   Baffinland will conduct pre-construction ground searches for eider nests at Steensby port and “control” shoreline to            Baffinland      FEIS            Baffinland commitment #31
     better characterize impact.
16   Complete an assessment of bearded seals and provide a discussion of bearded seals as a VEC.                                     Baffinland      FEIS            Related to QIA D-05
17   Include in the assessment Thick-billed Murres as a VEC for a representative colonial seabird                                    Baffinland      FEIS            Related to QIA D-05
18   Fish habitat compensation planning will incorporate benthos and marine species in addition to arctic char. Baseline             Baffinland      FEIS            Related to commitment below?
     data will be included as part of this commitment
19   Include within the marine habitat quantification a marine benthic species and marine fin fish species, in addition to a         Baffinland      FEIS            Related to QIA D-05; Discussion to
     discussion on Arctic charr in the adult feeding stage was appropriate based on criteria related to its life cycle to                                            include quantification a marine benthic
     harvesting and consumption                                                                                                                                      species and a marine finfish species that
                                                                                                                                                                     fulfills other lifecycles in the marine
                                                                                                                                                                     environment
20   Developing a model for ballast water dispersal.                                                                                 Baffinland      FEIS            Related to QIA D-26
21   Endeavour to integrate the effects assessment, where possible quantitative, by key indicators including cumulative              Baffinland      FEIS            Related to QIA D-33
     assessment




                                                                                                                           Page 1 of 13
                                                                                             Draft List of Commitments for the Baffinland's Mary River Project (08MN053)
                                                                                                                         (as of October 18, 2011)




Commitments
No Pre-Hearing Commitment                                                                                                             To be          Timeline         Additional Comment                          NIRB Notes
                                                                                                                                      provided by:
22   Provide additional effects assessment extending into Davis Strait and northern Labrador Sea regarding marine                     Baffinland     FEIS             Related to QIA D-03
     mammals and birds based on the zone of influence of the vessels and the receiving environment
23   Provide discussion on the impacts to the south shore of Hudson Strait.                                                           Baffinland     FEIS
24   Review the range of interactions to marine mammals to the west of Hudson Strait and provide rationale for not                    Baffinland     FEIS             Additional comment: will look at
     extending boundaries of zone of influence                                                                                                                        interactions along the shipping route and
                                                                                                                                                                      will include marine or migrating mammals
                                                                                                                                                                      within Hudson Strait
25   Review the selected thresholds and threshold levels for determination of magnitude of effect to ensure that they are             Baffinland     FEIS             thresholds that relate to population
     appropriately selected and adequately described. (and were possible make a quantitative description)                                                             estimate and include within the
                                                                                                                                                                      magnitude of population assessment
26   In the context of monitoring, Baffinland commits to examining marine species from a food chain perspective and                   Baffinland     prior to FEIS    Related to QIA D-05
     incorporate within the assessment and include effects related to chronic spills, wave action, and sedimentation
27   Complete a major revision of the Ballast Water Management section of the Marine Mammal and Shipping Management                   Baffinland     FEIS             Related to QIA D-06; QIA D-26; QIA D-
     Plan as part of the final EIS. This text will describe the process for selection, assessment and regulatory approval of                                          27;QIA D-33 and to DFO
     ballast water treatment options.                                                                                                                                 recommendations under section 5.3.7
28   A program for screening ballast water and testing ship hulls will be considered as required under regulatory standards           Baffinland     FEIS             Related to QIA D-27
     or other guidance.
29   Adaptive management will be applied to address unforeseen risks. For foreseeable risks, every effort will be made to             Baffinland     FEIS             Related to QIA D-27
     identify ahead of time, and apply appropriate mitigation measures.
30   Provide inventory of any discharge data from shipping activities                                                                 Baffinland     FEIS             Related to QIA D-06
31   Baffinland will provide more detailed description and assessment of pack ice along the southern shipping route, and will         Baffinland     FEIS             Related to QIA D-06; D-11 to D-16
     provide predictions of effects on floe size and ice thickness taking into account multiple vessel transits throughout the
     year. This analysis will be included in the final EIS.
32   Review each of the noted areas as identified in QIA recommendation d-06 and provide additional information and                   Baffinland     FEIS
     analysis as necessary and appropriate in the Final EIS. The items are: Effects on Seabirds, Disruption of pack ice
     through Hudson Strait and Foxe Basin due to ice-breaking ore carrier passage, potential for Invasive Species from
     Ballast Water, and Spills, Accidents and Malfunctions
33   The integrated assessment will include a more explicit discussion on the interactions between polar bears, seals and ice         Baffinland     FEIS

34   Food chain contaminants will be discussed within the FEIS and the potential of uptake within the food chain will be              Baffinland     FEIS
     considered
35   The information in the DEIS will be brought together in an analysis of each of the identified hot spots.                         Baffinland     FEIS?            Related to QIA D-35
36   A description of any potential route deviations will be provided in the final EIS                                                Baffinland     FEIS?            Related to QIA D-35
     Potential mitigation measures will be as determined in the mitigation and monitoring plan that will be developed to
     address many of the comments by QIA and other parties.
37   Incorporate most up-to-date available date for ice climatology modeling in order to ensure that the predictions of ice           Baffinland     FEIS
     conditions are accurate and the risks to the environment from ice related accidents are minimized
38   Identify a list of available/suggested baseline data or studies for polar bears                                                  GN & DFO       Prior to end of
                                                                                                                                                     TM
39   Identify a list of available data to be incorporated within the FEIS regarding ringed seal                                       GN & DFO       Prior to end of
                                                                                                                                                     TM
40   Include an updated discussion on baseline data for polar bears and ringed seal based on suggested baseline data                  Baffinland     FEIS            Contingent on previous commitment

41   Obtain better information on ringed seal population structure, litter sizes and recruitment rates in order to order to           Baffinland                      Contingent on the availability of data
     adequately describe existing conditions; allow for a more accurate prediction of the effects and determination of
     significance.
42   Obtain better baseline data regarding the natural mortality per annum, pupping rates, distribution and density of birth          Baffinland     FEIS             Contingent on the availability of data
     lairs for ringed seals in Foxe Basin in order to adequately describe existing conditions, allow for a more accurate
     prediction of the effects and determination of significance
43   Provide additional supporting analysis regarding disturbance effects on ringed seals from construction, shipping, and            Baffinland     FEIS                                                         Need confirmation that proponent will commit to
     aircraft over-flights. In particular, Baffinland's analysis should provide answers as to whether project related activities                                                                                  do this work
     will result in a change in occupancy of an area that has been identified as important for feeding, nursing, breeding, and
     hauling out.
44   Provide a monitoring framework for environmental effects                                                                         Baffinland     FEIS             Related to QIA comment D-21; D-23; D-
                                                                                                                                                                      26
45   Include marine mortality from vessels strikes within the FEIS. Will focus assessment on bowhead, walrus, beluga,                 Baffinland     FEIS             Related to DFO IR 18-a; QIA D-23
     narwhal and ringed seals. Potential mortality from underwater blasting in Steensby Inlet during the ice-covered season
     has been assessed as was the potential for walrus mortality from stampeding at haulout sites and will be included as a
     discussion with the FEIS
46   Quantitative risk assessment of project induced mortality on marine mammals pending the availability of suitable data,           Baffinland     FEIS             Related to QIA comment D-23
     failing that will take a probabilistic risk assessment approach would be taken.
47   Provide available data to Baffinland prior to FEIS                                                                               DFO            prior to FEIS    See previous commitment
48   Include shore type mapping of Milne and Steensby Inlets and approaches presented spatially and at sufficient detail to           Baffinland     FEIS
     identify shoreline segments susceptible to wake impacts (acceptable formats include ESRI ArcGIS digital data, softcopy
     or hardcopy maps).




                                                                                                                            Page 2 of 13
                                                                                              Draft List of Commitments for the Baffinland's Mary River Project (08MN053)
                                                                                                                          (as of October 18, 2011)




Commitments
No Pre-Hearing Commitment                                                                                                              To be          Timeline         Additional Comment                           NIRB Notes
                                                                                                                                       provided by:
49   Provide information recommended by NRCan into the final design of the Milne Port Freight Dock (items 24 - 30)                     Baffinland     FEIS
     including: Clarification on the proposed presence of a sunken barge at the Milne Port facility; evidence that indications
     of submarine slope instability are not found at the site of the proposed Milne Port; evidence that over steepening during
     dredging will not cause slope failure at Milne Port; evidence that loading of the excavated slope with sand-filled
     caissons will not cause slope failure at Milne Port; evidence that subsea permafrost does not underlie proposed coastal
     infrastructure at Milne Port; evidence the design of the caisson structure at Milne Port will not allow scour at the toe of
     the structure contributing to its potential failure; and evidence that subsea permafrost does not underlie proposed
     coastal infrastructure at Steensby Port.
50   Develop a detailed landfast ice baseline including a review of relevant literature, a standard 30-year baseline, covering         Baffinland     FEIS             Related to QIA comment D-16
     the full annual sea ice cycle (i.e., versus winter ice atlases), and providing the necessary information on intra- and inter-
     year variability in sea ice conditions
51   Provide more detail on the basking seal surveys, including the date, time of day, weather and sea ice conditions                  Baffinland     FEIS             Related to QIA comment D-20
     experienced, and the sensitivity of the density estimates to the correction factors used.
52   Consider undertaking field research to find seal birth lairs and study relationships with habitat, and explore the                Baffinland     FEIS             Related to QIA comment D-20;
     sensitivity of the mortality estimates to spatiotemporal variation in lair density.                                                                               Considered as part of the monitoring
                                                                                                                                                                       program
53   Address potential effects on ringed seals at the local level that might be relevant to resource harvest issues                    Baffinland     FEIS             Related to GN R74
54   Specific mitigation and monitoring measures to minimize mortality events and to assess their occurrence will be                   Baffinland     FEIS             Specific discussion to include polar bears
     discussed in detail in the mitigation and monitoring plan in the FEIS.                                                                                            as per GN request
55   Include an assessment of: 1) Potential impacts of winter shipping on birds due to attraction to ship tracks; 2) Potential         Baffinland     FEIS             Related to EC recommendation 4.4; QIA-
     impacts of disturbance and displacement of birds when areas of open water are limited (i.e. winter and spring); 3)                                                D28
     Potential impacts to the marine food web, including marine birds, caused by the passage of ships through shoreleads
     and polynyas when it is not feasible to avoid these areas; and 4) Mitigation and monitoring to address these potential
     impacts.
56   Monitoring reports should include: 1) A record of all ship tracks taken along both shipping routes covering the entire            Baffinland     FEIS             Related to EC recommendation 4.4; QIA-
     shipping season; 2) An overlay of ship tracks onto ice imagery to determine whether ships are effectively avoiding shore                                          D28
     leads and polynyas; 3) A comparison of recorded ship tracks to the expected nominal shipping route and probable
     extent of year-round shipping during periods of ice cover and open-water in order to determine the level of adherence to
     the nominal shipping route and the spatial extent of the shipping ZOI; and Marine bird species and number of
     individuals attracted to ship tracks in ice.
57   Clarify whether the expected zone of influence at the southern port site includes the turning radius of ore carriers              Baffinland     FEIS             EC recommendation 4.2
     leaving the ore dock
58   Conduct additional surveys prior to the start of the construction phase to determine the presence of King and Common              Baffinland     FEIS             EC recommendation 4.2
     Eider nests within the expected zone of influence at Steensby port and at control sites in Steensby Inlet. The area
     surveyed should include small offshore islands, and coastal areas around the port facilities.
59   The FEIS should present marine bird densities at the port sites during nesting, staging and brood-rearing within the              Baffinland     FEIS             EC recommendation 4.2
     expected ZOI as well as in areas that will serve as controls for environmental effects monitoring. This information will
     provide the basis of the BACI design for monitoring at the port sites.
60   Conduct a thorough analysis of displacement-based impacts more expressly in the FEIS, including consideration of the              Baffinland     FEIS             See Commitment 37 regarding
     effects on repeated or multiple events                                                                                                                            monitoring
61   Re-assess the effects of vessel traffic and icebreaking for all marine mammals taking into account impacts of vessel              Baffinland     FEIS             Related to DFO recommendations under
     traffic on the bowhead nursery area in northern Foxe Basin and overwintering area in Hudson Strait; exposure of                                                   section 5.3.5
     beluga, narwhal and other species to vessel traffic on a regular bases when using use of open areas (e.g. polynyas);
     icebreaking that might provide access killer whales which in turn would open access to seals and whales wintering in
     polynyas and leads; and impact of vessel traffic and icebreaking on bearded seals during the spring breeding season.

62   Mitigate the impacts of vessel traffic by slowing the speed of vessel traffic along the Foxe Basin route between the south        Baffinland     FEIS             Related to DFO recommendations under
     end of Prince Charles Island and Steensby Port, as was proposed in Milne Inlet.                                                                                   section 5.3.5
63   Provide additional baseline sampling be obtained to support a monitoring plan to verify the predication of the impact             Baffinland     FEIS             Related to DFO recommendations under
     assessment of vessel traffic and icebreaking on marine mammals.                                                                                                   section 5.3.5
64   Provide a new effects assessment if needed should the shallow bathymetry near the mouth of Steensby Inlet warrant a               Baffinland     FEIS             Related to DFO recommendations under
     change in the shipping route, particularly as the western route does not have any acoustic barriers (e.g., islands) to                                            section 5.3.5
     reduce sound levels for animals in north-western Foxe Basin.
65   Include a discussion on the additional pathways in Baffinland assessment as identified in comment 5.3.6 by DFO,                   Baffinland     FEIS             Related to DFO recommendations under
     including damage to ocular surfaces and interferences with olfactory cues (e.g., mother-young bonds); ingestion or                                                section 5.3.6; QIA D-06
     inhalation pathways and sub-lethal effects to seals including in the form of reproductive failures
66   Prior to the PHC, DFO, in consultation with QIA, will better define significant gaps identified in technical comments             DFO            prior to PHC
     regarding marine baseline information that should be addressed within the FEIS. And if possible provide this
     information to Baffinland for resolution discussion prior to the PHC.
67   Consider the potential effects in the defined study area and the implications of these affects across the known range of          Baffinland     FEIS             Related to QIA D-01 & D-02
     the affected population
68   Baffinland commits to working with QIA and other agencies in developing a marine mammal and shipping monitoring                   Baffinland     FEIS             Related to QIA D-04.1 and replaces
     and management framework. This framework will include but not be limited to discussing avoidance by marine                                                        Baffinland's commitments #37 & #38
     mammals and address verification of relevant effects predictions.
69   A description of feasible mitigation measures and adaptive management approaches for vessel impacts will be included              Baffinland     FEIS             Related to QIA D-34 and Baffinland
     in the Mitigation and Monitoring Plan volume to be included in the FEIS.                                                                                          commitment #36




                                                                                                                             Page 3 of 13
                                                                                             Draft List of Commitments for the Baffinland's Mary River Project (08MN053)
                                                                                                                         (as of October 18, 2011)




Commitments
No Pre-Hearing Commitment                                                                                                             To be          Timeline         Additional Comment                     NIRB Notes
                                                                                                                                      provided by:
70   Discuss how sensitive the project is to changes in routing, timing and number of vessel transits,                                Baffinland     FEIS             Related to QIA D-34
71   Review the selected thresholds and threshold levels for determination of magnitude of effect to ensure that they are             Baffinland     FEIS             Related to QIA D-07
     appropriately selected and adequately described. Issues such as potential Project expansion are addressed as
     Cumulative Effects and, as such are discrete from the assessment of the Project as defined and proposed in the EIS.

72   Take into account the recent DFO guidance for blasting in water.                                                                 Baffinland     FEIS             Related to QIA D-08
73   Clearly state what mitigation measures will be used and under what circumstances they will be used                               Baffinland     FEIS             Related to QIA D-08
74   Consideration of this candidate research program will be included within the Project EEM Framework. A further review             Baffinland     FEIS             Related to QIA D-09                    Which candidate research program is being
     of the literature will be completed as part of the final EIS to re-evaluate the selected threshold.                                                                                                     referred to in this commitment?
75   Produce a series of impact predictions demonstrating the influence that the number of vessel tracks has on impact                Baffinland     FEIS             Related to QIA D-17
     predictions for landfast ice. These impact predictions should be presented for lower and higher shipping frequencies
     than suggested in the Project Description.
76   Describe how sensitive impact predictions are to temporal variability in landfast ice cover and include discussion on            Baffinland     FEIS             Related to QIA D-17
     possible impacts if the extent of the landfast ice decreases (e.g., due to climate change) such that shipping disrupts a
     greater percentage of the remaining fast ice, and breeding habitat for the ringed seal becomes more concentrated.
     Clarification on the actual length of the track is also required.
77   Provide a more comprehensive discussion on the ice thickness sampling program conducted in Steensby Inlet,                       Baffinland     FEIS             Related to QIA D-18
     including discussion on the statistical power behind the collected data
78   Summarize the long term data available from the Hall Beach ice thickness station to provide more information on                  Baffinland     FEIS             Related to QIA D-18
     temporal variation in ice thickness.
79   Monitoring and mitigation plans will continue to be developed in consultation with QIA and affected communities. The             Baffinland     FEIS             Related to QIA D-19
     final EIS will address the justification of threshold values and will include additional details on mitigation and monitoring
     plans
80   Implement more precautionary noise exposure levels for seals and walruses. This more precautionary threshold should              Baffinland     FEIS             Related to QIA D-24
     be used to update impact assessments and mitigation measures.
81   Develop appropriate thresholds for monitoring of noise-related impacts, which are linked to the segments of the                  Baffinland     FEIS             Related to QIA D-25
     populations being impacted (calving, nursing, etc.).
82   Conduct a comprehensive assessment of noise impacts using a 250 km radius (i.e., expand the LSA).                                Baffinland     FEIS             Related to QIA D-25
83   Clarify the number of vessels that are likely to be in the area at a given time and identify the likeliest places where          Baffinland     FEIS             Related to QIA D-25
     arriving and departing vessels will pass one another.
84   In conducting such an analysis the Proponent should identify zones where cumulative noise would be mitigated due to              Baffinland     FEIS             Related to QIA D-25
     biophysical features (e.g. water depth, distance from migration routes, distance from overwintering areas etc.). Once
     identified the Proponent should conduct vessel transit planning, for all seasons, to determine the degree to which
     cumulative sound impacts can be mitigated through the use of zones.
85   Examine the impact of chronic noise and describe possible sound levels as two ore carriers approach and overlap each             Baffinland     FEIS             Related to QIA D-25
     other under different ice conditions and at different speeds.
86   Discuss the cumulative effects of chronic disturbance on the distribution of marine mammal VECs.                                 Baffinland     FEIS             Related to QIA D-25
87   Provide information on the noise-related effects of ice impacts to vessel speed and clarify the range of transit speeds          Baffinland     FEIS             Related to QIA D-25
     expected through pack ice.
88   Provide information on the weather conditions that are likely to be experienced and the influence this can and will have         Baffinland     FEIS             Related to QIA D-25
     on ship movements and subsequent noise impacts.
89   include increased ballast water releases in cumulative effects assessment                                                        Baffinland     FEIS             Related to QIA D-26
90   Conduct a detailed assessment of the conservation and management requirements for Species at Risk that are likely to             Baffinland     FEIS             Related to QIA D-29
     be impacted by Project activities, based on the definition provided in the NIRB Final Guidelines. This should include the
     types of information required in a Management Plan for Special Concern species and the information required in a
     Recovery Plan for Endangered or Threatened species (i.e., defining Critical Habitat for species that will potentially be
     SARA-listed as Endangered – Ungava Bay and EHB beluga whales). It should also include an assessment of polar bear
     regulatory requirements under listings of Special Concern (current rank) but also including possible future scenarios
     where polar bear status in changed to Threatened or Endangered.
91   Provide a more detailed discussion the risk of shipping accidents                                                                Baffinland     FEIS             Related to QIA D-31
92   Conduct a thorough assessment of climate change impacts on sea ice and the marine environment, exploring a range of              Baffinland     FEIS             Related to QIA D-32
     future scenarios and assessing potential impacts, as required under NIRB Final Guidelines.
93   Conduct semi-quantitative assessments to assess the overall impacts of the Project for each of the marine mammal                 Baffinland     FEIS             Related to QIA D-33
     VECs. The objective would be to assess whether a series of non-significant impacts, when considered together, may
     pose a significant risk to a particular VEC. The potential for interactions among activities, VECs, and VSECs that would
     increase or decrease impacts should be considered. Baffinland will provide explicit analyses of the question in the FEIS.

94   Conduct a risk analysis to assess whether increasing ballast water discharges would significantly increase the potential         Baffinland     FEIS             Related to QIA D-33
     for species introductions
95   Evaluate the selection of noise sources for modelling and add a discussion of noise propagation into east into Davis             Baffinland     FEIS             Related to DFO recommendations under
     Strait                                                                                                                                                           section 5.3.10
96   Make sound measurements before and after construction before shipping begins, taking into consideration the annual               Baffinland     FEIS             Related to DFO recommendations under
     cycle                                                                                                                                                            section 5.3.10
97   Undertake the modelling of potentially overlapping sound fields from the noisier sound sources, and where there is not           Baffinland     FEIS             Related to DFO recommendations under
     overlap in space make an effort to determine what the temporal lag might be between such overlaps, including                                                     section 5.3.10
     estimation of quiet times/return to ambient.




                                                                                                                            Page 4 of 13
                                                                                             Draft List of Commitments for the Baffinland's Mary River Project (08MN053)
                                                                                                                         (as of October 18, 2011)




Commitments
No Pre-Hearing Commitment                                                                                                             To be          Timeline         Additional Comment                       NIRB Notes
                                                                                                                                      provided by:
98    Clarify ship densities and identify the places where arriving and departing ore carries will pass each other                    Baffinland     FEIS             Related to DFO recommendations under
                                                                                                                                                                      section 5.3.10
99    Provide research paper multivariate approach to Baffinland                                                                      DFO            Prior to FEIS    Related to DFO recommendations under
                                                                                                                                                                      section 5.3.10
100 Upon DFO providing research paper on the multivariate approach, Baffinland will consider the approach and either                  Baffinland     FEIS             Related to DFO recommendations under
    incorporating approach into the FEIS or documenting why it was not incorporated into the FEIS.                                                                    section 5.3.10
101 Will reanalyze the impacts analysis for project effects of shipping on marine mammals taking into account the                     Baffinland     FEIS             Related to DFO recommendations under
    commitments above in the FEIS                                                                                                                                     section 5.3.10
102 Will include in the FEIS the response to DFO information request 05E (aircraft noise), and include consideration of               Baffinland     FEIS             Related to DFO recommendations under
    relevant aircraft noise studies from other areas (Alaska)                                                                                                         section 5.3.11
103 Incorporate into the FEIS more details regarding bathymetry, prop wash, cones and speeds of ships.                                Baffinland     FEIS             Related to DFO recommendations under
                                                                                                                                                                      section 5.3.9
104 Develop an environment effects monitoring program for ballast water release into Steensby Inlet. This program will be             Baffinland     FEIS             Related to DFO recommendations under
    developed in accordance with the project EEM framework.                                                                                                           section 5.3.7
105 Provide detailed discussions with the shipyard prior to selecting a ballast water treatment system. The system chosen             Baffinland     FEIS             Related to DFO recommendations under
    will be based on various parameters including being IMO and North American (Canadian) Coast Guard approved                                                        section 5.3.7
    meeting Phase 2 discharge standards system type, size and cost.
106 Will consider as part of its monitoring program changed pupping habits and the relative merits of this research versus            Baffinland     FEIS             Related to DFO recommendations under
    other potential monitoring topics.                                                                                                                                section 5.2.1
107 Provide a table in the FEIS that summarizes project activities at each project component, the applicable management               Baffinland     FEIS             Related to QIA F-5
    plan(s), and management plan status
108 Provide conceptual management plans                                                                                               Baffinland     FEIS             Related to QIA F-5                       Which management plans are being referred to in
                                                                                                                                                                                                               this commitment?
109 As part of detailed design, thermal modeling will be conducted to determine whether the proposed berm design would                Baffinland     FEIS?            NRCan recommendation under section
    maintain a permafrost barrier and prevent shallow subsurface seepage to the surrounding environment.                                                              2.3.3 #6
110 Provide a description of the volume of sedimented solids expected to be produced and disposed of in the waste rock                Baffinland     FEIS             NRCan recommendation under section
    stockpile and how and where the material will be deposed of and how the disposal of the sedimented solid could affect                                             4.3.3
    the short and long term stability and settlement of the waste rock stock pile.
111 Confirm if dust are or not going to be used, and if used, that the dust suppressants will have no influence on the thermal        Baffinland     FEIS             NRCan recommendation under section
    regime of the road embankment and its integrity.                                                                                                                  4.8.3
112 Confirm in the FEIS that within the quarry management plan it will provide a site wide spill contingency plan for borrow          Baffinland     FEIS             NRCan recommendation under section
    pits.                                                                                                                                                             4.9.3
113 Review the approach to determining the active layer for waste rock and discuss rationale in the FEIS. In developing this          Baffinland     FEIS             Related to AANDC recommendation 47
    section will consult with NRCan, EC and AANDC.
114 Confirm in the FEIS, whether the rail route selection accounted for watershed delineation to minimize the ponding of              Baffinland     FEIS             Related to AANDC recommendation 48
    water against the rail embankment, minimize flow and erosion along the rail embankment and minimize debris flow and
    washouts.
115 Will provide information regarding permafrost considerations relevant to waste rock pile, the rail line and the dykes (for        Baffinland     FEIS             Related to AANDC recommendation 49
    sedimentation ponds) in the FEIS, as well as geotechnical information related to stability analysis for the rock pile,
    railway and mine pit.
116 Provide a description of mitigation and contingency planning for sensitive land forms and soils sensitive to thawing.             Baffinland     FEIS             Related to AANDC recommendation 50

117 Provide stability analyses to support the design for the waste rock stockpile and demonstrate that the waste rock                 Baffinland     FEIS             Related to AANDC recommendation 51 &
    stockpile will be stable during the warming of the permafrost and after the foundations thaws.                                                                    52
118 Provide the thermal modeling results demonstrating the efficiency and robustness of the proposed encapsulation                    Baffinland     FEIS             Related to AANDC recommendation 51 &
    designs of the waste rock pile.                                                                                                                                   52
119 Provide the long-term closure and post-closure stability of the pit walls needs to be addressed especially with regard to         Baffinland     FEIS             Related to AANDC recommendation 51 &
    the presence of the pit lake and its impact on stability                                                                                                          52
120 Provide further analysis showing that the design of the pit is stable because of the impact of the waste rock pile in the         Baffinland     FEIS             Related to AANDC recommendation 51 &
    vicinity.                                                                                                                                                         52
121 Provide an analysis and discussion to support the proposed side slope design criteria.                                            Baffinland     FEIS             Related to AANDC recommendation 55


Railway Construction and Operation
122 Provide for 6 types of stream crossings and cross referencing of all stream crossings will be made to these types of              Baffinland     FEIS             Related to AANDC recommendation 56 &
     crossings design. As design progresses, additional information will be provided to the regulatory authorities for each                                           57
     stream crossing
123 Assess the need for ventilation in the railway tunnels during construction and operation.                                         Baffinland     FEIS             Related to AANDC recommendation 56 &
                                                                                                                                                                      57
124 Provide the results of the preliminary information related to thermal analysis and stability analysis for the railway.            Baffinland     FEIS             NRCan recommendation under section
                                                                                                                                                                      4.6 and 4.7
125 Provide a summary of regulatory inspection requirements for the rail line.                                                        Baffinland     FEIS             NRCan recommendation under section
                                                                                                                                                                      4.6 and 4.7
126 Provide information on the rockfall hazard assessment.                                                                            Baffinland     FEIS             Related to NRCan - #8 additional
                                                                                                                                                                      geotechnical, and section 4.6 and 4.7,
                                                                                                                                                                      and # 9




                                                                                                                             Page 5 of 13
                                                                                              Draft List of Commitments for the Baffinland's Mary River Project (08MN053)
                                                                                                                          (as of October 18, 2011)




Commitments
No Pre-Hearing Commitment                                                                                                              To be          Timeline         Additional Comment                          NIRB Notes
                                                                                                                                       provided by:
127 In the detailed design stage, carry out a geotechnical investigation in areas where there are potential instabilities, and         Baffinland     FEIS             Related to NRCan - #8 additional
    incorporate the results in the detailed design phase.                                                                                                              geotechnical, and section 4.6 and 4.7,
                                                                                                                                                                       and # 9
128 Provide an updated draft railway infrastructure management plan that includes the approach to be taken in the detailed             Baffinland     FEIS             NRCan recommendation under section
    design stage to consider NRCan recommendations related to instrumentation for monitoring ground thermal conditions,                                                2.4.3, #11 & 12
    slope stability/movements and tunnel sections particularly in areas where there is potential for instability, and the
    definition of triggers for criteria for selection of management techniques.
129 Incorporate IQ in consideration with caribou crossings in its railroad design                                                      Baffinland

Atmospheric Environment (Climate, Air Quality, Noise and Vibration)
130 The emission inventory for the Project will be updated in the FEIS.                                                                Baffinland     FEIS
131 Air quality modelling assessment will be redone for the Mine Site and Steensby Port. Ships emissions will be taken into            Baffinland     FEIS             Does not currently include ships in
    consideration at the port and results to be presented within the FEIS.                                                                                             transit.
132 Photographs of the auto-station installations and detailed discussion of auto station maintenance, calibration, and                Baffinland     FEIS             EC recommendation 3.2
    quality assurance procedures will be provided
133 Baffinland to look at recommendations for the design and construction of the waste rock stockpile. Baffinland’s                    Baffinland     FEIS             Part of NRCan recommendation 2.3            There was disagreement during the meeting
    Engineer will assess and implement these recommendations. Where Baffinland’s Engineer disagrees with a specific                                                                                                regarding the wording for this commitment. The
    recommendation, a rationale will be provided for the disagreement                                                                                                                                              wording was taken out of Baffinland's October
                                                                                                                                                                                                                   14th response document
134 As part of detailed design, thermal modelling be conducted to determine whether the proposed berm design would                     Baffinland     FEIS             Part of NRCan recommendation 2.3
    maintain a permafrost barrier and prevent shallow subsurface seepage to the surrounding environment
135 Installation of tide gauges at Steensby Port site to monitor relative sea level and storm surges                                   Baffinland     installation
                                                                                                                                                      after project
                                                                                                                                                      approval
136 Include in FEIS the design basis of the ore dock and freight dock (Steensby docks) and discussions to be conducted                 NRCan +        FEIS             Discussion to occur before completion of
    prior to completion of FEIS with NRCan                                                                                             Baffinaland                     FEIS
137 Installation of continuous GPS or similar means at Port sites to monitor vertical motion and constrain uplift estimates;           Baffinland     FEIS

138 Where possible to maintain a minimum flying altitude of 2,000 feet when in the air space over the park except for                  Baffinland     FEIS             Parks Canada request
    approach to land, take-off or for safety reasons.
139 Ensure certification of noise compliance, if applicable, is current.                                                               Baffinland     FEIS             Parks Canada request
140 Provide Parks Canada with regular flight and shipping schedules that can be used to brief visitors to the park. Within             Baffinland     FEIS             Parks Canada request
    this commitment Baffinland will present Parks Canada with a revised estimate of vessels and flights if it changes
    substantially so that appropriate mitigations can be explored.
141 With respect to shipping into Milne Port, provide due consideration to wilderness experience during open water                     Baffinland     FEIS             Parks Canada request
    especially during August which is the high use by sea kayakers.

Cumulative Effect Assessment, Transboundary Impact Assessment
142 Include in the cumulative effects assessment for marine mammals the interaction of single effects within the Project. In           Baffinland     FEIS
    addition, the analyses should extend to examine sound levels from two ore carriers as they approach and pass one
    another along the shipping route.
143 Address uncertainty of the predictions and how the significance determination was derived for cumulative effects of the            Baffinland     FEIS
    railway. Discussion to include the significance rating within the cumulative effects summary table. In addition, provide
    overall arching commentary on how uncertainty was addressed in the cumulative effects assessment.

144 Baffinland is to outline its experience and track record and identify the safeguards that will be put in place to                  Baffinland     FEIS             DEIS does not adequately address the
    compensate for any lack of experience in similar environments.                                                                                                     Proponent’s experience and record in
                                                                                                                                                                       meeting obligations or the safeguards
                                                                                                                                                                       which have been or which would be put
                                                                                                                                                                       in place by the Proponent to compensate
                                                                                                                                                                       for any lack of experience in exploration
                                                                                                                                                                       projects or mining projects in the same
                                                                                                                                                                       region or similar type northern
                                                                                                                                                                       environments
145 Commit to provide more discussion on potentially affected jurisdiction including the effects of project activities on marine Baffinland           FEIS             Transboundary effects to include SARA
    habitats, animal populations and the harvesters relying upon them. FEIS would include a commentary that describes
    and assesses transboundary jurisdiction
146 The comments and recommendations made by AANDC and QIA (QIA-F-02, QIA-F-03 and QIA-F-05) will be taken into Baffinland                            FEIS
    account during the revision/update of the various EMMPs

Birds, Terrestrial Vegetation, Terrestrial Wildlife
147 clarify how they intend to monitor for raptor species that differ in their ecology (e.g., migratory and nesting patterns)          Baffinland     FEIS             Related to GN R68
148 update the DEIS to reflect the most current data                                                                                   Baffinland     FEIS             GN R69
     collection and any impact this may have on the effects analyses.




                                                                                                                             Page 6 of 13
                                                                                               Draft List of Commitments for the Baffinland's Mary River Project (08MN053)
                                                                                                                           (as of October 18, 2011)




Commitments
No Pre-Hearing Commitment                                                                                                               To be          Timeline         Additional Comment                           NIRB Notes
                                                                                                                                        provided by:
149 the efforts undertaken to improve nest searching and determine occupancy and productivity be continued within the                   Baffinland     FEIS             GN R70
    TEMMP. The final EIS should also incorporate the data collected in 2011 to strengthen the baseline data already
    gathered. In addition develop monitoring program for raptors
150 Commit to provide items identified under Section 6: Terrestrial Environment regarding EC's comments                                 Baffinland     FEIS                                                          Does not include items highlighted in blue within
                                                                                                                                                                                                                     Baffinland's table
151 Provide a detailed monitoring plan as follows for marine birds along the shipping routes: The program for monitoring                Baffinland     FEIS
    marine birds along the shipping route should follow methodology and protocols similar to those outlined in Fifield et al.
    2009 so that results can be combined with previous marine bird surveys in the Eastern Arctic (e.g. McKinnon et al. 2009
    and the PIROP database) and contribute to regional marine bird baseline data and cumulative effects monitoring from
    shipping; b. Data collected during monitoring should include the reaction of birds to approaching vessels (e.g. flight,
    diving, collisions), the distance at which they react, the time required to resume normal activity once disturbed, and the
    attraction of birds to ship tracks during periods of ice cover; c. To the extent possible, bird mortality due to collisions with
    ships should be recorded and included in monitoring reports. Information recorded should include species, number of
    individuals, age and sex (when feasible), date, time, location, and meteorological conditions; d. Additional details on
    methods, protocols, duration and frequency of ship-based monitoring for birds and marine mammals should be provided
    in the FEIS; e. The marine bird monitoring program should be prepared in consultation with and to the satisfaction of EC
152 Apply general mitigation measures for all migratory birds species as well as additional migration measures recommend                Baffinland     FEIS             EC 6.1
    by EC in issues 6.2, 6.5, 6.7 and 6.8
153 Address the potential for an increase in the number of predators because of both an increase in potential attractants               Baffinland     FEIS             EC 6.5
    and an increase in the availability of nesting, roosting, and denning sites
154 Expanding statements regarding proper containment and disposal of food to include other edible attractants (e.g.                    Baffinland     FEIS             Addressed within management plans
    plastics, motor oil, etc.)
155 Including a commitment to design structures in such a way as to eliminate denning, roosting, and nesting sites for avian            Baffinland     FEIS             Addressed within management plans
    predators and arctic foxes. Baffinland may consult with EC-CWS staff regarding design measures that could be taken.

156 Including a commitment to audit waste management practices to ensure that waste streams are properly segregated at                  Baffinland     FEIS             Addressed within management plans
    the source and that potential wildlife attractants are diverted from the landfill;
157 Ensuring that orientation for project personnel includes best practices with regard to waste management and avoiding                Baffinland     FEIS             Addressed within management plans
    wildlife;
158 Conducting surveillance of facilities and project waste sites for the presence of wildlife to ensure that predator control          Baffinland     FEIS             Addressed within management plans
    measures are effective.
159 Provide reports regarding roosting sites for scavengers such as ravens and previous reports that have been published                EC             prior to FEIS    Related to commitment under EC 6.1
    including mitigation measures
160 Baffinland’s spill contingency plan(s) include a section that outlines how they would protect wildlife in the event of a            Baffinland     FEIS
    spill. The plan should include a description, with maps, of the migratory bird resources at risk (including CWS Key
    Terrestrial and Marine Habitat Sites for Migratory Birds, Migratory Bird Sanctuaries, National Wildlife Areas and
    National Parks)
161 Baffinland will provide a more comprehensive bird baseline report.                                                                  Baffinland     FEIS             Baffinland has started to correct the bird
                                                                                                                                                                        baseline with a re-evaluation of data
                                                                                                                                                                        collected to date, and confirmation of
                                                                                                                                                                        raptor data beginning in 2011.
162 Assess the significance of shipping impacts on migrating, foraging, nesting, and wintering seabirds.                                Baffinland     FEIS
163 Extend periods to limit project activities and noise emissions to include spring and fall staging                                   Baffinland     FEIS             EC identified an area north of Steensby
                                                                                                                                                                        Inlet and west of railway as a “Special
                                                                                                                                                                        Management” area for moulting snow
                                                                                                                                                                        geese
164 Identify specific measures to reduce project activities and noise emissions during the period when migratory birds are              Baffinland     FEIS                                                          Need commitment from Proponent
    present and a breakdown of activities and noise emissions that will occur during periods when migratory birds are
    present versus absent
165 include a statement of the potential effects and mitigation for Red Knot in the Species at Risk section of Vol. 6 of the            Baffinland     FEIS
    FEIS
166 Provide a detailed analyses of caribou calving locations as suggested by QIA                                                        Baffinland     FEIS
167 Determine which potential locations are within the mine ZOI as per QIA direction                                                    Baffinland     FEIS
168 Acknowledge increased sensitivity of caribou during calving                                                                         Baffinland     FEIS
169 Caribou Protection Measures will be implemented                                                                                     Baffinland     FEIS             Related to GN R62
170 Monitoring and adaptive management for calving caribou will be clarified based on further discussion                                Baffinland     FEIS
171 Baffinland will provide further justification of the level of confidence for project effects on movement and enhance                Baffinland     FEIS
    discussion on the low and high cycles of caribou populations and quantify effects were possible
172 Monitoring and adaptive management for caribou movement can be clarified based on further discussion.                               Baffinland     FEIS
173 Reassess the harvest data and Inuit knowledge to include the islands and sea ice as caribou habitat in the FEIS.                    Baffinland     FEIS             QIA E-5; Data deficiency of movement of
    Regional assessment area will include the islands and areas south of the islands                                                                                    caribou to these islands might limit
                                                                                                                                                                        assessment
174 Provide an assessment of the literature on ice crossings and the effect of ice-breaking ships.                                      Baffinland     FEIS
175 Collect baseline samples of lichens to ensure an adequate reference point is available (as part of a future statistically           Baffinland     Summer           Related to QIA recommendation E-06 #4 Baffinland to if could do items 1-3 in
    designed monitoring program to track any changes in the lichens)                                                                                   2012?                                                  recommendation E-06




                                                                                                                              Page 7 of 13
                                                                                            Draft List of Commitments for the Baffinland's Mary River Project (08MN053)
                                                                                                                        (as of October 18, 2011)




Commitments
No Pre-Hearing Commitment                                                                                                   To be                   Timeline         Additional Comment                             NIRB Notes
                                                                                                                            provided by:
176 Propose additional monitoring (rather than the current “wait and see” approach and relying on employee sighting reports Baffinland              FEIS             Related to QIA recommendation E-04 #2.
    to establish increased or decreased habitat use) that will be able to detect changes in abundance (detection of a ZOI),                                          Further discussions were required with
    impacts to movements, and reduce uncertainty for North Baffin caribou distribution and abundance                                                                 QIA prior to initiating potential monitoring

177 Section 3.0 of the DEIS should be revised to provide a comprehensive summary of the findings and key elements of the             Baffinland     FEIS             Related to GN R37
    Vegetation Baseline Study Report.
178 Provide plans that address reclamation regarding plot areas related to previously disturbed areas. Commit to                     Baffinland     FEIS             Related to GN R41, R43 and R47
    aggressive revegetation as described within abandonment and restoration plan.
179 Calculate the footprint of the existing disturbance within the PDA                                                               Baffinland     FEIS             Related to GN R38
180 Provide a thorough examination of the potential invasive species that are of greatest concern in the RSA and/or PDA              Baffinland     FEIS             Related to GN R44 and AANDC item 28
    and the risks they pose to vegetation abundance, diversity, and wildlife habitat.
181 Demonstrate how Baffinland intends to comply with the invasive species provisions of the Nunavut Wildlife Act, Section           Baffinland     FEIS             Related to GN R45 and AANDC item 28
    91(2), which states, “No person shall release a member of a species into a habitat in which that species does not belong
    or never naturally occurred”.
182 Ensure that the range of caribou has been defined using all available data, including multi-year radio collaring data.           Baffinland                      Related to GN R48a
    Within this range, Baffinland shall describe where caribou use space on a seasonal basis, including the calving,
    summer and winter seasons (where relevant) based on available radio collaring data.
183 Include an overview of the habitat features or characteristics that are potentially important to caribou in general, such as     Baffinland                      Related to GN R48b
    but not limited to vegetation, topography, aspect and snow depth based on available literature and data.
184 Describe all sources of dust from the various project components, physical works and activities throughout each project          Baffinland                      Related to GN R48c
    phase so that they can be considered in subsequent effects of assessment.
185 Describe the other project- specific sources of effects that may affect caribou, such as noise from mining and                   Baffinland                      Related to GN R48d
    transportation operations.
186 Identify and describe the potential for indirect effects on caribou health and mortality such as loss of body condition,         Baffinland                      Related to GN R48e
    reproduction and calf survival; loss of habitat; and increased harvesting access.
187 Acknowledge that caribou have historically and currently exist and use the RSA.                                                  Baffinland                      Related to GN R48f
188 Identify the geographic area (i.e. range and areas used by caribou seasonally) defined using available radio-collar data         Baffinland                      Related to GN R50a
    (see 48a) and provide the spatial context for the effects analysis, rather than or in addition to the RSA as currently
    defined by the proponent.
189 Identify and describe each of the parameters incorporated in the Resource Selection Probability Function (RSPF) and              Baffinland                      Related to GN R51a
    describe the strengths and limitation of the data used for RSPF parameter such that the implications to the model
    outcome are fully understood.
190 Redefine the Zone of Influence (ZOI) on the basis of anticipated project-specific effects rather than replying entirely on       Baffinland                      Related to GN R51b
    Boulanger et al (2011) or justify the application of the 14km ZOI for this project (refer to items in 48a).
191 Include an assessment of the caribou movement that incorporates an analysis of available radio-collar data in addition           Baffinland                      Related to GN R51c
    of the proponents identification of caribou trails. This will consider the analysis and mapping of the movements of
    collared individuals.
192 Consider modifications to the design for the typical caribou crossing site to improve its potential to be effective by           Baffinland                      Related to GN R58a
    increasing their width to the maximum degree possible (as a minimum).
193 Clarify how a concept (“let the leaders pass”) derived from an Inuit harvesting practice is applicable to mitigation to          Baffinland                      Related to GN R59b
    caribou movement effects from rail operations.
194 Re-evaluate the RSPF using geographic areas (i.e. range and areas used by caribou seasonally) defined using                      Baffinland                      Related to GN R60a
    available radio-collar data (see 48a).
195 Consider changes in the RSPF based on the ZOI in relation to the various habitat probability categories that were                Baffinland                      Related to GN R60b
    derived by the model. The loss of high quality habitat, including areas used for calving, is of particular interest.
196 Baffinland commits to improving caribou protection measures contained in the Environmental Protection Plan, including            Baffinland                      Related to GN R62a
    Appendix 10B. There will be clear and unambiguous statements regarding the measures to be undertaken and the
    triggers for their application to meet the spirit and intent of the provisions of the North Baffin Regional Land Use Plan,
    Section 3.3.7 and Appendix I regarding caribou calving areas.
197 Re-evaluate the significance assessments for habitat loss, movement and mortality and health.                                    Baffinland                      Related to GN R63a
198 Re-evaluate the significance of cumulative effects on caribou taking into consideration both the combined and                    Baffinland                      Related to GN R64
    synergistic effects of the project on population dynamics.
199 Provide an updated version of its project-specific follow-up program that commits to the undertaking of project- specific        Baffinland                      Related to GN R66a
    monitoring during each phase of each project development.
200 Include an additional review of literature relevant to the permeability, accessibility and use of the rail line by caribou.      Baffinland                      Related to GN R51d
    Where there is no available literature, all assumptions related to the assessment of the permeability, accessibility and
    use of the rail line by caribou will be clearly identified and explained.
201 GN will provide Baffinland with references for any GN known sources of relevant literature related to the permeability,          GN             Oct-11           Related to GN R51d
    accessibility and use of the rail line by caribou by the end of October 2011.
202 Provide a review of the relevant literature and demonstrate the application of the precautionary principle in the design of      Baffinland                      Related to GN R62b
    the number of crossing sites and design characteristics to minimize the barrier effect of the railway infrastructure to
    caribou.
203 Provide an updated version of its project follow-up program, taking into account the multiple scales of monitoring for the       Baffinland                      Related to GN R65a
    various effects predicted regarding habitat loss, movement, mortality and health. Any monitoring at the regional scale
    could be integrated and coordinated with the ongoing activities of the GN.




                                                                                                                           Page 8 of 13
                                                                                             Draft List of Commitments for the Baffinland's Mary River Project (08MN053)
                                                                                                                         (as of October 18, 2011)




Commitments
No Pre-Hearing Commitment                                                                                                             To be          Timeline         Additional Comment                        NIRB Notes
                                                                                                                                      provided by:
204 Provide an updated draft of its project follow-up program that species overall program objectives, monitoring activities,         Baffinland                      Related to GN R67a
    frequency of data collection, thresholds for implementation and data quality objectives, such that enough data will be
    available to provide for a robust analysis for verification of effect predictions and/or the effectiveness of mitigation
    measures.
205 Remove reference to a no hunting policy for beneficiaries from the FEIS, and the potential effects on caribou mortality           Baffinland                      Related to GN R52a & 52b
    needs to be acknowledged.
206 Consider indirect effects on caribou (i.e. energetics).                                                                           Baffinland                      Related to GN R53
207 Categorise the RSPF to quantity habitat quality and quantity and impacts associated in the ZOI.                                   Baffinland                      Related to GN R54
208 Re-evaluate the barrier effect of the railway infrastructure over its entire length to better locate and mitigate potential       Baffinland                      Related to GN R55
    barriers to caribou movement (e.g. embankments, heights and slopes). A sensitivity analysis of the parameters used in
    the initial evaluation (i.e., embankment, heights and slope) could be undertaken to provide additional insight.

209 Clarify under what circumstances would trigger the application of limiting train traffic as a mitigation measure for caribou Baffinland                           Related to GN R59a

210 210                                                                                                                               Baffinland                      Related to GN R40

Freshwater Environment, Freshwater Biota and Habitat
211 Provide an update on the waste rock pile characterization and a program to move forward, which include alternatives to Baffinland                FEIS             NWB request
     encapsulation for treating effluent from rocks with potential ARD and ML characteristics.
212 Characterization of the waste rock will be on ongoing program for the life of the Project;                             Baffinland                FEIS             Baffinland commitment 8; related to EC
                                                                                                                                                                      item 6.20
213 A detailed waste rock characterisation and monitoring program will be presented in the FEIS.                                      Baffinland     FEIS             Baffinland commitment 9; related to EC
                                                                                                                                                                      item 6.20
214 As-built site drainage plans will be incorporated into a future surface water management plan, once constructed.                  Baffinland     FEIS             Baffinland commitment 32
215 Baffinland would like to emphasize it’s commitment to conduct ARD/ML testing for quarries and borrow sites prior to               Baffinland     FEIS             Baffinland commitment 33
    construction in order to optimize compliance with applicable regulations.
216 Environment Canada’s Green Kenue software coupled with a DEM of the Phillips Creek watershed will be used to                      Baffinland     FEIS             NWB request
    compare more accurately the watershed characteristics of the tributary and Phillips Creek watersheds to determine the
    applicability of the Mean Annual Unit Runoff data to the entire watershed. Text will be added to the FEIS to include this
    additional level of analysis.
217 Update surface water quality and sediment quality baseline data with new data collected in 2011 and revise water                  Baffinland     FEIS             NWB request                               Does this include sediment quality? Yes, this
    quality effects assessment.                                                                                                                                                                                 should included sediment quality
    Provide stamped, designed drawings, and O&M Plans where applicable, for the relevant facilities associated with the               Baffinland     FEIS             NWB request                               Pg 28 of NWB Submission
    Type-A water Licence Application.
    Update the water licence application to address comments and recommendations provided by the NWB.                                 Baffinland     FEIS             NWB request                               This commitment is on page 10 of the Baffinland
                                                                                                                                                                                                                list of commitments
218 Define minor versus major wetlands within water quality assessment section of the DEIS                                            Baffinland     FEIS
219 The resultant effects of the redistribution of water on water and sediment quality and freshwater biota will be discussed         Baffinland     FEIS             Related to GN R84                         wording needs to be looked at
    in Sections 3 and 4 of Volume 7
220 Provide additional information in regards to potentially employing the instantaneous pressure changes (IPC) limit of 50           Baffinland     FEIS             Related to GN R85
    kPa as recommended by the DFO for Western Arctic Areas to demonstrate the application of the Precautionary
    Principle to minimize injuries and mortality of Arctic char.
221 Provide an updated wastewater management plan for future larger construction and operation camps within the FEIS.                 Baffinland                      Related to AANDC #16, 17 & 18
    The plan will describe how equalization tanks will be used at the Mine Site and Steensby Site to accommodate surges
    in sewage received from the satellite construction camps.
222 Clarify how propylene glycol used for aircraft de-icing is to be managed and how downstream receivers will be protected           Baffinland                      Related to AANDC #16, 17 & 18
    against potential dissolved oxygen depletion.
223 Quantities of hazardous waste produced and storage locations will be updated and presented within the waste                       Baffinland                      Related to AANDC #40 and 46
    management plan
224 Characterisation of the waste rock will be on-going throughout the life of the Project. Additional static test and humidity       Baffinland                      Related to AANDC #19
    cell results from studies conducted during 2011 will be presented in the FEIS.
225 A detailed sampling and testing program for the characterization of the waste rock for the period of 2012-2014 should             Baffinland                      Related to AANDC #19
    be developed and involve devising a representative sampling program for the waste rock based on the configuration of
    the ore body and the mining plan; analysis of the lithology, morphology and mineralogy of the waste rock; additional
    testing (both static and humidity cell); and review and guidance of this program by independent experts. Contingencies
    will be put into place if there are acid rock drainage issues and treatment if necessary. The discussion should include
    humidity cells versus encapsulation of the waste rock.
226 Outline the basis for their selection of wastewater treatment technology for waste rock and ore stockpile drainage                Baffinland                      Related to AANDC item #20;
    considering the need to meet both MMER at end of pipe and CCME in stream water quality guidelines in the receiver                                                 Commitment was to look at site specific
                                                                                                                                                                      guidelines
227 Update and revise the project site water balances to address identified issues                                                    Baffinland     FEIS             Related to AANDC item #22                 Need clarification on identified issues
228 Continue to operate a hydrological monitoring program in order to develop a long-term record suitable for the design of           Baffinland     Throughout       Related to AANDC item #27
    future infrastructure                                                                                                                            project life
229 FEIS will consider more recent hydrological data and revise storm water management pond, accordingly, if warranted                Baffinland     FEIS             Related to AANDC item #27
    based on the new data




                                                                                                                            Page 9 of 13
                                                                                           Draft List of Commitments for the Baffinland's Mary River Project (08MN053)
                                                                                                                       (as of October 18, 2011)




Commitments
No Pre-Hearing Commitment                                                                                                           To be           Timeline        Additional Comment                     NIRB Notes
                                                                                                                                    provided by:
230 Include baseline data collected between 2005-2008 and 2011 (with potential 2012 data) within the freshwater baseline            Baffinland      FEIS            Related to EC item 5.1
    assessment.
231 Continue to engage EC on the subject to collect additional samples along the transportation corridor with a focus on            Baffinland & EC prior to FEIS   Related to EC item 5.1
    compliance monitoring of discharges and aquatic effects monitoring plan prior to FEIS submission
232 Provide information on the reference sites selected for sediment and water quality in order to aid in providing a true          Baffinland      FEIS            Related to EC item 5.1 and QIA D-4.2
    picture of baseline and provide framework for the aquatic effects monitoring plan by 2012.
233 EC commit to provide protocol regarding …. (5.3?)                                                                               Baffinland      FEIS
234 Site specific water quality objectives will be developed for, but not limited to, aluminum, chromium, uranium and               Baffinland      FEIS            Related to QIA F-2 & F-3
    selenium.
235 define minimum mixing zones for the receiving environment. Consider flows for worse case and average case.                      Baffinland      FEIS            Related to EC item 5.4
236 Provide estimates of expected pit water quality in the FEIS including the acid and metal contributions made by the pit          Baffinland      FEIS            Related to EC item 5.5
    walls and adjacent waste rock piles
237 develop explosion handling procedure (similar to Diavik) and provide within FEIS                                                Baffinland      FEIS            Related to EC item 5.7
238 A protocol for executing ARD/ML testing as part of quarry development will be included in an updated Borrow Pit and             Baffinland      FEIS            Related to EC item 5.8 and 6.16
    Quarry Management Plan in the FEIS
239 Provide a discussion on alternative disposal methods for brine (leftover from tunnelling activities)                            Baffinland      FEIS            Related to EC item 6.18
240 Provide an update and discussion on uses of calcium chloride (CaCl) at the Mary River site                                      Baffinland      FEIS
241 Provide information on how the fish passage flow (3Q10) was calculated for the railway water crossings given the                Baffinland      FEIS            Related to DFO section 5.1.1
    limited stream gauge data
242 Use the recently acquired stream flow data to update flow models for fish passage.                                              Baffinland      FEIS            Related to DFO section 5.1.1
243 Provide the equation for the 200 year return period flow and the list of peak flow equations identified in the DEIS as well     Baffinland      FEIS            Related to DFO section 5.1.1
    as design flow for the crossings
244 Assess fish passage for low and average flows as part of the culvert design process.                                            Baffinland      FEIS            Related to DFO section 5.1.1
245 Provide a consolidated summary of tables A 2.1, A 2.2,and A 2.3 from Appendix 2, Volume 10, Appendix D7 of the                  Baffinland      FEIS            Related to DFO section 5.1.1
    DEIS.
246 Provide more detailed information related to the criteria used to determine if fish passage is required at a watercourse        Baffinland      FEIS            Related to DFO section 5.1.1
    crossing to better understand the decision making process and potential risk to fish.
247 Provide a more detailed explanation on the criteria used to develop table 7-4.9, in order to understand the relationship        Baffinland      FEIS            Related to DFO section 5.1.1
    between culvert size, slope and passage ability for the target fish species.
248 Clarify what criteria will be used to determine which mitigation measures are appropriate at each crossing. A monitoring        Baffinland      FEIS            Related to DFO section 5.1.1
    program will be developed to determine if the mitigation measures installed are functioning as intended and this will
    include a contingency plan if found that fish passage was not maintained as predicted.
249 Demonstrate that Baffinland has considered feasibility of using culvert shapes other than circular pipes that have been         Baffinland      FEIS            Related to DFO section 5.1.1
    proposed as the design standard
250 Provide an effects assessment on the impacts of the stream water diversions including mitigation measure which will be          Baffinland      FEIS            Related to DFO section 5.1.2
    implemented to mitigate negatives impacts to fish and fish habitat
251 Provide a review of quarry locations relative to fish habitat and assess effects on fish and fish habitat if warranted.         Baffinland      FEIS            Related to DFO section 5.1.3
252 Provide the rationale for the thresholds used for productive capacity to determine the magnitude of effect on Arctic Char       Baffinland      FEIS            Related to DFO section 5.1.4
    habitat in the determination of significance.
253 Once the quantities of freshwater HADD have been determined, Baffinland will develop fish habitat compensation                  Baffinland      FEIS            Related to DFO section 5.1.4
    options that can address the extent of the HADD.
254 Baffinland commitment on marine thresholds will be extended to freshwater. QIA to check.                                        Baffinland      FEIS            Related to QIA D-7
255 Provide a mass balance model to estimate runoff from mine rock and nitrates for the mine area and will look to carry out        Baffinland      FEIS            Related to QIA D-10
    an assessment of the adverse effects and identify treatment options for nitrate if the mass balance modelling exceeds
    established thresholds and requires mitigation.
256 Provide the following within the FEIS: the source characteristics and quantities of each effluent discharge to water, as        Baffinland      FEIS            Related to QIA F-2
    well as maps; maps showing locations of discharge points; and effluent discharge criteria.
257 NWB will endeavour to provide to the QIA information on the outcome of the meeting held in Edmonton on July 21,                 NWB             prior to FEIS   Related to QIA F-2 & F-4
    2011 in which issues related to Engineering Drawings and Standards for Water Licensing were discussed.
258 Identify in a summary table the agency and regulatory instrument associated with each effluent discharge                        Baffinland      FEIS            Related to QIA F-2
259 Carry out acute and chronic toxicity testing of effluent as required by MMER                                                    Baffinland      FEIS            Related to QIA F-2
260 Provide receiving water quality thresholds used to assess water quality effects.                                                Baffinland      FEIS            Related to QIA F-2 & F-3
261 Additional explanation will be provided to justify mixing assumptions between the point of discharge and the receiving          Baffinland      FEIS            Related to QIA F-3
    environment.

Socio-Economic Environment
262 Establish an Executive Committee to oversee the implementation of the IIBA                                                      Baffinland      FEIS            Baffinland commitment 4
263 Establish a Management Committee to monitor the Project on a continuous basis and provide ongoing Inuit input for               Baffinland      FEIS            Baffinland commitment 5
     environmental and social monitoring of the management plans.
264 Maintain an active stakeholder management plan to inform and involve Inuit communities with the Mary River Project              Baffinland      FEIS            Baffinland commitment 6

265 Negotiate compensation for those individuals who unable to continue their previous travel activities across Steensby            Baffinland      FEIS            Baffinland commitment 16
    Inlet due to the ice track.




                                                                                                                          Page 10 of 13
                                                                                             Draft List of Commitments for the Baffinland's Mary River Project (08MN053)
                                                                                                                         (as of October 18, 2011)




Commitments
No Pre-Hearing Commitment                                                                                                             To be          Timeline         Additional Comment                          NIRB Notes
                                                                                                                                      provided by:
270 Baffinland will participate and work with public monitoring initiatives such as the Q-SEMC to identify indicators designed        Baffinland     Ongoing          Baffinland commitment 17, 21, 22 & 29
    to assess development of sustainable capacity. The monitoring initiatives will include sharing project-generated data
    and monitoring to support adaptive management should be carried out under the mandate of the joint Executive
    Committee of the IIBA.
267 Establish data-sharing relationships with key departments so that appropriate data can be utilized in both our EH&S-              Baffinland     FEIS             Baffinland commitment 18
    focused monitoring as well as in joint Executive Committee activities and public monitoring activities. We recognize
    these will need to take into account issues of data confidentiality. Partnerships with GN HSS, GN Education, among
    others, are anticipated.
268 Establish relationships with key service providers who have mandates to build capacity in Nunavut, for example Kakivak            Baffinland     FEIS             Baffinland commitment 19
    Association, Department of Education, and Arctic College to ensure Baffinland’s initiatives related to human capacity
    development are supportive with other initiatives, and to build partnerships for joint initiatives where these are
    appropriate.
269 Baffinland will work with QIA through the IIBA business support provisions, along with local Economic Development                 Baffinland     FEIS             Baffinland commitment 20
    Officers, Kakivak Association, the Baffin Regional Chamber of Commerce, the Baffin and the Department of Economic
    Development and Transportation to improve the success of business development opportunities presented by the
    Project.
272 Baffinland is prepared to work with local and regional partners who have identified specific skills shortages to identify         Baffinland     FEIS             Baffinland commitment 23
    how Project labour needs might align with these strategic labour force development areas. These efforts will be carried
    out during the Project within the structure of the hunman resource strategy described in the human resource
    management plan (HRMP).
273 Develop a Project-focused human resources management system to meet its operational labour force needs and to                     Baffinland     FEIS             Baffinland commitment 24
    assist in achieving the mutually defined objectives arising from the IIBA and overseen by the joint Inuit – Baffinland
    Executive and Management committees. This system will include activities to identify individuals who are interested in
    working in various positions of the Project so that as opportunities arise, people can be recruited by the company and by
    its major contractors.
274 Baffinland will work with its monitoring partners to identify indicators related to versatile and sustainable skills and          Baffinland     FEIS             Baffinland commitment 25
    capacities.
275 Meet with key service providers (including RCMP and health social services) to share information and mutually seek to             Baffinland     FEIS             Baffinland recognizes the role of the
    enhance the benefits available through the Project to Nunavummiut.                                                                                                territorial government in addressing
                                                                                                                                                                      areas of social development and health
                                                                                                                                                                      that are so important in achieving a high
                                                                                                                                                                      level of local involvement in the Project
                                                                                                                                                                      through employment. Related to
                                                                                                                                                                      Baffinland commitment 26; related to GN
                                                                                                                                                                      R28 & R30
276 Work with GN Health and Social Services (HSS) to discuss issues related to emergency and medical services and                     Baffinland     FEIS             Baffinland commitment 27
    protocols. If these discussions indicate that a formal memorandum of understanding (MOU) will facilitate smooth
    coordination in these areas that could be arranged.
277 Work with the Iqaluit Airport Division to discuss the proposed use of the Iqaluit airport. If substantial use of the Iqaluit      Baffinland     FEIS             Related to GN R16 & R17
    airport is identified the include as subject of note within the FEIS
278 Work with the Department of Economic Development & Transportation (along with other agencies) within the context of               Baffinland     FEIS             Baffinland commitment 28
    IIBA commitments to business support.
280 Baffinland will also seek to establish data-sharing relationships with key departments so that appropriate data can be            Baffinland     FEIS             Baffinland commitment 30
    utilized in both our EH&S-focused monitoring as well as in public monitoring activities. We recognize these will need to
    take into account issues of data confidentiality. Partnerships with GN HSS, GN Education, among others, are
    anticipated.
281 In addition to the commitments made under section 1.2 and 1.6, Baffinland will strive to maximize Inuit involvement with          Baffinland     FEIS             Baffinland commitment 40                    Need clarification on the commitments made
    the development of effective monitoring plans and the development of adaptive management strategies;                                                                                                          under Section 1.2 and 1.6
282 In addition to the commitments made under section 1.2 and 1.6, Baffinland will report annually the monitoring results for         Baffinland     FEIS             Baffinland commitment 41                    Need clarification on the commitments made
    each VECs and VSECs.                                                                                                                                                                                          under Section 1.2 and 1.6
283 Develop a 'socio-economic ' monitoring and management framework and consider including an analysis on human                       Baffinland     FEIS             Related to QIA C-02 to C-10, C-12, C-16,
    health and well being, social services, education, employment, demographics, life skills, substance abuse, crime                                                  C-17 & C-21; AANDC item #7 & #9;
    (including family violence), crime rates, food security issues, food consumption and diet, land use and harvesting,                                               AANDC recommendation 90, 98, 100;
    cultural effects, and loss of skills. Baffinland will work collaboratively with QIA and relevant agencies in the preparations                                     GN R26 & R31, R34
    with this framework
284 Monitor the reasons why employees decide to terminate their employment with the Project and explain what adaptive                 Baffinland     FEIS             Related to GN R10
    management measures Baffinland intends to take to ensure retention and turnover rates improve. This information
    would be included within the socio-economic monitoring and management framework
285 QIA and Baffinland work with the GN in areas related to health and social services, and education.                                Baffinland &   prior to FEIS    Related to QIA C-12, C-17 & C-21
                                                                                                                                      QIA
286 Address the deficiencies noted in some section of the DEIS where it is stated that there is potential for cumulative              Baffinland     FEIS             AANDC item #8
    effects, without a determination of significance being provided.
287 Provide reference socio-economic monitoring information related to other mining projects in remote locations.                     AANDC          prior to FEIS                                                was this commitment made by AANDC?




                                                                                                                            Page 11 of 13
                                                                                           Draft List of Commitments for the Baffinland's Mary River Project (08MN053)
                                                                                                                         (as of October 18, 2011)




Commitments
No Pre-Hearing Commitment                                                                                                             To be          Timeline        Additional Comment                      NIRB Notes
                                                                                                                                      provided by:
288 Review the effects assessment, and especially the conclusions of the residual effects, in order to more fully evaluate the        Baffinland     FEIS            subject to receiving information from
    potential cumulative socio-economic impacts. In looking at typical effects from mining activities, the Proponent should                                          AANDC on other monitoring mining
    evaluate those of other mining projects in remote locations (including those within the Kivalliq and Kitikmeot regions of                                        projects
    Nunavut).
289 Provide new estimates in the FEIS of tax revenues to Nunavut based on updated financial modeling and current                      Baffinland     FEIS            Baffinland un-numbered commitment;
    assumptions                                                                                                                                                      related to GN R19 to R22
290 Baffinland will meet with Transport Canada's marine surface and inter-modal security branch to discuss and gather                 Baffinland     FEIS
    required information n respect to shipping and security monitoring.
291 Clarify within Baffinland's Appendix 10F-3 of the DEIS that pre-employment training includes local study area (LSA)               Baffinland     FEIS
    residents and not only employees.
292 Expand the discussion currently addressed under the DEIS Volume 4 Section 4.5.3 “Boom and Bust” heading to                        Baffinland     FEIS            Related to AANDC recommendation 92
    include further analysis of temporary shut-down effects
293 Consider including a discussion related to the effects of temporary and permanent closure of the mine and the                     Baffinland     FEIS            Related to AANDC recommendation 95
    associated economic, social and cultural effects within the FEIS
294 look at the key themes that were brought up by QIA in Appendix A of their comment submission regarding community                  Baffinland     ongoing with
    minutes and discuss these issues with the communities as part of Baffinland's ongoing community consultations                                    results to be
                                                                                                                                                     included in
                                                                                                                                                     FEIS
295 Consider the effects of potential in migration into the study area from outside the study on local housing issues.                Baffinland     FEIS            Related to GN R14

Environmental, Health and Safety Management System
     Update the management plans relevant to the Type-A Water Licence to address comments and recommendations made                    Baffinland     FEIS            NWB request
     by the NWB.
     Provide a comprehensive, stand-alone Monitoring Plan to address monitoring requirements specific to water use and                Baffinland     FEIS            NWB request                             Pg 28 of NWB submission
     waste disposal activities.
296 Implement this Environmental Health and Safety (EHS) Management Framework which is based on the principle of                      Baffinland     FEIS            Baffinland commitment #1
     adaptive management and continuous improvement.
297 Provide adequate resources to implement and maintain the EHS Management System, including the necessary human,                    Baffinland     FEIS            Baffinland commitment #2
     material, and financial resources.
298 Integrate the application of the Precautionary Principle into the fabric of its EHS Management Framework.                         Baffinland     FEIS            Baffinland commitment #3
299 As part of Baffinland’s EHS framework a sustainability plan will be prepared that outlines objectives, indicators and             Baffinland     FEIS            Baffinland commitment #7
     specific measurements as part of long-term environmental and socio-economic monitoring.
300 Baffinland will be self sufficient for Search and Rescue operations (SAR) and response to environmental emergencies               Baffinland     FEIS            Baffinland commitment #14
     as it relates to Mary River Project activities.
301 Maintain necessary equipment and trained personnel at the Steensby Port at all times to enable the Company to                     Baffinland     FEIS            Baffinland commitment #15
     respond effectively to SAR or sea borne environmental emergencies.
302 Include ongoing hazard and risk assessment as part of Baffinland EHS Management Framework (as outlined in Volume                  Baffinland     FEIS            Baffinland commitment #42; related to
     10 of the DEIS) which is the basis of the Emergency Response and Spill Contingency Plan;                                                                        QIA D-06
303 Maintain an Emergency Response and Spill Contingency Plan that is current and adapted to the level of activities at the           Baffinland     FEIS            Baffinland commitment #43; related to
     Mary River Project;                                                                                                                                             QIA D-06
304 Provide adequate resources to implement and maintain the Emergency Response and Spill Contingency Plan, including                 Baffinland     FEIS            Baffinland commitment #44; related to
     the necessary human, material, and financial resources;                                                                                                         QIA D-06
305 Implement annual training programs (classroom and hands-on deployment field exercises) for emergency responders to                Baffinland     FEIS            Baffinland commitment #45; related to
     ensure that emergency response and spills contingency procedures are effective and up to date;                                                                  QIA D-06
306 Invite external organization (Transport Canada, CCG, community representatives) to participate in the training                    Baffinland     FEIS            Baffinland commitment #46; related to
     exercises;                                                                                                                                                      QIA D-06
307 Distribute its Emergency Response and Spill Contingency Plan to all relevant stakeholders.                                        Baffinland     FEIS            Baffinland commitment #47; related to
                                                                                                                                                                     QIA D-06
308 Develop a centralized data repository and data management system for all project monitoring efforts; develop integrated           Baffinland     FEIS            Related to GN R89
    assessments of project environmental impact from multiple monitoring results; develop consistent protocols for
    community engagement and IQ integration in monitoring.
309 Wastewater management plan will be updated for the FEIS and will reflect the requirements for all phases of the project           Baffinland     FEIS
    (i.e. construction, operations and closure)
310 Provide an enhance description for the possible runoff from mine waste and provide alternative to treatment within the            Baffinland     FEIS
    mine wastewater plan (additional management plans will be identified as needed )
311 Handling and storage of hazardous waste is part of the Waste Management Plan. Quantities of hazardous waste                       Baffinland     FEIS
    produced and storage locations will be updated and presented in the FEIS
312 Enhance description of the railway management plan, including scheduling, emergency equipment at site and                         Baffinland     FEIS            CTA comment
    specification of rail cars used for transport of fuel
313 Provide an enhanced discussion regarding ArcelorMittel's experience on northern rail lines                                        Baffinland     FEIS            CTA comment
314 Baffinland will work with Transport Canada and the Canadian Coast Guard to develop emergency and spill response                   Baffinland     FEIS
    plans
315 Clarify the types of fuel it uses with the project and the types of fuel ships will be using for powering and whether an          Baffinland     FEIS
    accidental spill would require specific clean-up
316 Assess all opportunities for relocation, redesign and mitigation to avoid negative impacts to fish and fish habitat.              Baffinland     FEIS            Related to DFO section 6.1




                                                                                                                            Page 12 of 13
                                                                                            Draft List of Commitments for the Baffinland's Mary River Project (08MN053)
                                                                                                                        (as of October 18, 2011)




Commitments
No Pre-Hearing Commitment                                                                                                    To be                  Timeline         Additional Comment                     NIRB Notes
                                                                                                                             provided by:
317 Provide an analysis of potential compensation options taking into consideration the hierarchy of preferences outlined in Baffinland             FEIS             Related to DFO section 6.1
    the DFO’s Policy for the Management of Fish Habitat.

Abandonment, Closure and Reclamation
318 Abide by existing regulations, policies and guidelines as they relate to mine closure in Nunavut;                                Baffinland     FEIS
319 Implement a progressive rehabilitation approach;                                                                                 Baffinland     FEIS
320 Update its Abandonment and Closure Plan on a regular basis;                                                                      Baffinland     FEIS
321 Actively address, minimize and mitigate environmental effects as much as technically and economically feasible                   Baffinland     FEIS
    (AANDC # 60);
322 Address comments made by QIA (F-06) and AANDC (comments #59 to 84) regarding specific aspects of the conceptual                  Baffinland     FEIS
    closure plan within an updated Abandonment and Closure Plan which will be presented in the FEIS. This should
    include following Nunavut applicable guidelines (INAC, 2007), as well as, Nunavut applicable policies where applicable
    (INAC, 2002; and QIA, 2009).
323 The long-term closure and post-closure stability of the pit walls with regard to the presence of the pit lake and its impact     Baffinland     FEIS             Related to AANDC #53
    on stability will be addressed especially during the detailed design of the waste rock pile and mining plan.
324 The discussion and requirements for “Temporary Closure” and “Long Term Closure” will be expanded in the updated                  Baffinland     FEIS             Related to AANDC # 70, 72 73, 74, 82
    Abandonment and Closure Plan submitted with the FEIS. For Closure, either temporary or long term, all hazardous
    waste will be shipped off site to a licensed hazardous waste treatment facility. Inert waste will be disposed of in the
    landfill sites at the Mine Site or Steensby Port and discussed within the FEIS
325 In the updated Closure Plan, Baffinland will discuss conceptual reclamation methods, time frames and schedules,                  Baffinland     FEIS             Related to AANDC #81 & QIA F-06
    including notice periods to employees and public. The updated Abandonment and Closure Plan presented in the FEIS
    will also contain a cost estimate for abandonment and reclamation.
326 QIA will provide Baffinland with board approved A&R plan                                                                         QIA            prior to FEIS
327 Baffinland will consider QIA's A&R plans before implementing within abandonment and closure plan                                 Baffinland     FEIS

Notes:
List of acronyms will be provided




                                                                                                                           Page 13 of 13

								
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