Angela Love From: David Finch Sent: December-04-17 2:28 PM To: - - PDF document

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Angela Love

From: David Finch Sent: December-04-17 2:28 PM To: Angela Love Subject: FW: MV2017P0013 & MV2017L1-0002 - Enbridge Pipelines Inc Line 21 Replacement Project Hearing

See table below David Finch, MES Regulatory Specialist Mackenzie Valley Land and Water Board 7th Floor, 4922 48th St, P.O. Box 2130 | Yellowknife, NT | X1A 2P6 ph 867.766.7467 | fax 867.873.6610 dfinch@mvlwb.com | www.mvlwb.com Please note: All correspondence to the Board, including emails, letters, faxes and attachments are public documents and may be posted to the public registry. From: Carrie Breneman [mailto:carrie.breneman@outlook.com] Sent: December 4, 2017 2:27 PM To: David Finch <dfinch@mvlwb.com>; dahti_tsetso@dehcho.org Subject: Re: MV2017P0013 & MV2017L1‐0002 ‐ Enbridge Pipelines Inc Line 21 Replacement Project Hearing

Hi David, As discussed, the table below provides a brief outline of the changes to DFN's Hearing Presentation for the Enbridge Line 21 Replacement Project. Changes Changes to to Dehcho Dehcho Firs First Na Nations’ He Hearing aring Presen Presentation

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Slide lide Nu Numb mber Changes Changes 1 Date change 2 Second paragraph… and the impacts of the pipeline to their rights. Third paragraph: Changed “traditional harvest” to “traditional land use”

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Fourth paragraph: changed “to ensure that the water quality and overall health of the Mackenzie River is maintained” to “to ensure that communıty concerns are addressed and the integrity of the land and water is maintained”. 3 Added: Installation of the pipeline proceeded without the consent of the Dehcho Dene 4 Added information on Dehcho K’ehodi Stewardship and Guardians Program. Added that the program represents an

• pportunity for Enbridge to work with

communities 5 Added additional information on Dehcho K’ehodi Stewardship and Guardian Program (information is from DFN’s Intervention and based on information provided by Enbridge prior to the NEB hearing regarding monitoring programs). 6 Same as slide 5 on the original presentation. 7 Similar to slide 6 on the original presentation. 8 Similar to slide 7 on the original presentation. Added more detail to what should be captured in the Engagement Plan. 9 DFN added more detail for the Board on what specifically should be captured in the Engagement Plan. 10 Similar to slide 8 on the original presentation. 11 Added information on drilling sumps. 12 Similar to slide 9 on the original presentation. 13 Similar to slide 10 of the original presentation. Has been modified to provide more clarity and justification to the Board. 14 & 15 Similar to slide 11 of the presentation. Has been modified to provide more clarity and justification to the Board. 16 & 17 DFN provided information about the ongoing discussions about agreements between Enbridge and DFN to the Board. From: David Finch <dfinch@mvlwb.com> Sent: December 4, 2017 10:57:02 AM To: Carrie Breneman; dahti_tsetso@dehcho.org Cc: Angela Love Subject: RE: MV2017P0013 & MV2017L1‐0002 ‐ Enbridge Pipelines Inc Line 21 Replacement Project Hearing

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Hi Carrie. Thank you for passing this along. Could you please also provide a brief outline of the revisions? It can be in a table, bullets, etc. ‐‐‐ just so the Board can see at a glance the difference between versions. Thanks, David David Finch, MES Regulatory Specialist Mackenzie Valley Land and Water Board 7th Floor, 4922 48th St, P.O. Box 2130 | Yellowknife, NT | X1A 2P6 ph 867.766.7467 | fax 867.873.6610 dfinch@mvlwb.com | www.mvlwb.com Please note: All correspondence to the Board, including emails, letters, faxes and attachments are public documents and may be posted to the public registry. From: Carrie Breneman [mailto:carrie.breneman@outlook.com] Sent: December 4, 2017 11:43 AM To: David Finch <dfinch@mvlwb.com>; dahti_tsetso@dehcho.org Subject: MV2017P0013 & MV2017L1‐0002 ‐ Enbridge Pipelines Inc Line 21 Replacement Project Hearing

Hi David, Dehcho First Nations has been involved as an Intervener in the above‐noted proceedings and submitted with this email is a revised hearing presentation. The intent of the changes to the hearing presentation is to present the Mackenzie Valley Land and Water Board (the Board) with specific recommendations that are on‐ point to the Board’s mandate. If you have any questions regarding changes to DFN’s hearing presentation, please contact me via email at carrie.breneman@outlook.com or via telephone at 867‐333‐2334. Cheers, Carrie

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Enbridge Line 21 Replacement Segment MVLWB Hearing – October 28, 2017

Dehcho First Nations

• The Enbridge Line 21 Replacement Segment is located in the heart of the

traditional territory of the Dehcho First Nations

• The most directly impacted community by the Enbridge Line 21 Replacement

Segment is Liidlii Kue, but other Dehcho communities have also expressed their shared interest in this project, and the impacts of the pipeline to their rights.

• Boat travel, fishing and hunting, and other traditional land use activities are

extremely important for subsistence activities, and way of life in the Dehcho

• DFN’s ultimate goal for participating in this process is to ensure that

communıty concerns are addressed and the integrity of the land and water is maintained.

Dehcho First Nations Perspective

Enbridge’s Line 21 Pipeline

• In the 1980s, the Line 21 pipeline was constructed from Norman Wells to

Zama, AB, with approximately 80% of the pipeline running through the Dehcho

• Installation of the pipeline proceeded without the consent of the Dehcho Dene
• The Line 21 Pipeline was the first fully buried pipeline through discontinuous

permafrost in North America

• Extensive ground thermal monitoring has shown several meters of vertical thaw,

ponding and ground subsidence of more than 2 m (Smith et al 2008)

• DFN to date does not know how many pipeline failures have occurred on the

Line 21 pipeline

• DFN communities have outstanding concerns regarding the integrity of the Line

21 Pipeline

Dehcho K’ehodi Stewardship & Guardian Program

In the

• Dehcho, the regional Community Based Monitoring program known as

Dehcho AAROM program is being expanded as part of the Dehcho K’ehodi Stewardship & Guardians Program to develop an Indigenous Guardians Program. Currently there are

• 1-2 Guardians per community with extensive monitoring

capacity and experience If properly supported

• , this program represents an opportunity for Enbridge

to work with the Dehcho to meaningfully address our concerns on the project impacts

Dehcho K’ehodi Stewardship & Guardian Program

DFN Recommendation to the Board: As a condition of their permitting and licensing Enbridge should be required to support an independent monitoring program delivered through the Dehcho K’éhodi Stewardship and Guardian Program. Further, the conditions should specify that this independent monitoring program should address monitoring objectives pertaining, but not limited to: Impacts on fish habitat

• Impacts on boreal caribou habitat
• Continuous, in-stream turbidity monitoring for inadvertant releases

Permafrost monitoring at site clearing

• Further, Enbridge should be required to support community capacity to assist in the

development of the independent monitoring objectives, and to support the capacity of the Guardians to carry out the monitoring plans

DFN’s Concerns Regarding the LUP & WL

DFN has outstanding concerns relating to: Camp Set

• up and Operation

Engagement Plan

• Drilling Fluids
• Spill Contingency Planning and Reporting
• Archaeological Resources
• Closure and Reclamation Planning

DFN Recommendation to the Board:

Camp Set-up and Operation

Enbridge’s Line 21 Replacement Program Engagement Plan focuses on the proponent’s regulatory requirements. DFN Recommendation to the Board:

Engagement Plan

DFN Recommendation to the Board: And further, as a condition of their permitting and licensing Enbridge should be required to have DFN, and member communities, verify any of Enbridge’s engagement records under the engagement plan.

Engagement Plan

In the draft LUP permit it states:

• The Permittee shall not use any Drilling Fluids, or additives that were not

identified in the complete application, unless the MSDSs are provided to the Board and Inspector and usage of the chemical(s) is authorized in writing by the Board.

• At least seven days prior to the use of any chemicals that were not identified

in the complete application, the MSDS sheets must be provided to the Board and an Inspector.

DFN Recommendation to the Board:

Drilling Fluids

Enbridge proposes to dispose of HDD drilling fluids in on

• site sumps.

It is DFN’s understanding that LKFN does not support the use of

• sumps to dispose of drilling fluids.

DFN Recommendation to the Board:

Disposal of Drilling Fluids: Sumps

DFN Recommendation to the Board: Include

• spill reporting to DFN and DFN communities

Report on all spills to date in the

• Dehcho

Report each spill to DFN and DFN member communities within

• 24 hours; and

submit to DFN and DFN communities a detailed report on each spill within 30 days Any further reporting or follow

• up on the cause(s) of the spill will also be

forwarded to DFN and DFN communities (including any reports to the National Energy Board)

Spill Contingency Planning & Reporting

DFN Recommendation to the Board:

archaeological site, historical site, cultural site, or burial site within the project area. All project activities near the discovered site should immediately cease, and DFN, and impacted First Nations, should be engaged on the proper steps to ensure impacts to any discovered sites are prevented.

Archaeological Resources

DFN Recommendation to the Board:

submit a Closure and Reclamation Plan that includes (but is not limited to):

• Site objectives and closure criteria
• Methods to restore natural drainage
• Physical approach
• Maps delineating the disturbed areas
• Photographs of the site
• Methods of reclamation
• Community participation in long term site monitoring and maintenance
• Permafrost remediation
• Campsite remediation
• Long term monitoring plans for permafrost and boreal caribou habitat impacts

Closure and Reclamation of the site

DFN Recommendation to the Board:

Further, as a condition of their permitting and licensing Enbridge should be required to engage DFN, and impacted First Nations, on the development of the Closure and Reclamation Plan.; and be required to report back on the results of activities undertaken as a result of the Closure and Reclamation Plan to DFN, and impacted First Nations. And further, as a condition of permitting and licensing, site-specific long term monitoring objectives should be identified in the Closure and Reclamation Plan; this should be implemented through the Dehcho K’ehodi Stewardship and Guardian Program; and capacity to carry out the long-term monitoring activities should be supported by Enbridge.

Closure and Reclamation of the site

Enbridge has repeatedly stated throughout the hearing process

• that they will continue to engage with First Nations to address the

numerous, outstanding concerns expressed by impacted First Nations throughout the permitting and licensing process, in the the hearing These discussions include provisions that fall directly within the

• scope of permitting and licensing outlined by the MVLWB

To date, there is no clear timeline to conclude these discussions, and

• DFN remains concerned with the short timeframe remaining to

ensure successful resolution of the outstanding issues being discussed between Enbridge and impacted First Nations

Agreements with First Nations

DFN Recommendation to the Board: DFN strongly recommends that MVLWB approval of permits and licenses be contingent on the successful conclusion of these discussions between Enbridge and impacted First Nations DFN asserts that impacts to Aboriginal rights resulting from the proposed project activities will remain until successful resolution

• f these discussions is achieved

Agreements with First Nations