1. Meadowbank Gold Project Cumberland Resources Ltd. Nunavut Impact Review Board Public Hearing Chesterfield Inlet, Nunavut March 30, 2006

2. Meadowbank Gold Project NIRB Final Hearing Outline 1. DFO Mandate 2. Key Issues 3. Conclusion

3. Meadowbank Gold Project NIRB Final Hearing Mandate To conserve and protect fish and marine mammals and their habitat for all Canadians Applicable Legislation Fisheries Act Species at Risk Act Nunavut Land Claims Agreement

4. Meadowbank Gold Project NIRB Final Hearing Regulatory Role Fisheries Act: s.35 – prohibits the harmful alteration, disruption or destruction (HADD) of fish habitat unless authorized by the Minister of Fisheries and Oceans or regulation s.20 – requires safe fish passage s.22 – requires sufficient flows s.30 – requires intakes screens and fishguards s.32 – prohibits destruction of fish by means other then fishing s.36 – prohibits the deposit of a deleterious substance, unless authorized under regulations such as the Metal Mining Effluent Regulations

5. 5 Policy for the Management of Fish Habitat Guides DFO in the administration of the habitat protection provisions of the Fisheries Act Overall objective is the Net Gain of fish habitat Achieved through three goals: –Conservation, which includes the No Net Loss Principle –Restoration –Development Supported by eight strategies Meadowbank Gold Project NIRB Final Hearing

6. Intervention Comments 1.Project Alternatives 2.Water Quality 3.Fish and Fish Habitat 4.Marine Environment 5.Cumulative Effects 6.Other Issues Meadowbank Gold Project NIRB Final Hearing

7. Project Alternatives – Tailings Impoundment Area Preferred location is northwest arm of Second Portage Lake, a fish- frequented waterbody Meadowbank Gold Project NIRB Final Hearing Recommendation: Cumberland provide a revised No Net Loss plan, monitoring plan and construction details, prior to DFO recommending to EC Second Portage Lake be listed under Schedule 2 of MMER. DFOs Analysis and Assessment: Alternatives Assessment consistent with DFO Hierarchy of Preferences Consideration of impacted fish habitat

8. Water Quality – Fish Habitat Compensation Meadowbank Gold Project NIRB Final Hearing Implementation of re-flooded pits as fish habitat subject to suitable water quality DFOs Analysis and Assessment: Re-flooded pits represent significant portion of Cumberlands No Net Loss plan Contingencies to ensure No Net Loss Recommendation: Cumberland provide contingencies to ensure No Net Loss of fish habitat will be achieved

9. Fish – Fish Salvage Meadowbank Gold Project NIRB Final Hearing Cumberland will sacrifice larger fish for baseline data and provision to community, and transplant smaller fish to project lakes DFOs Analysis and Assessment: Satisfied with the approach presented by Cumberland Opportunity to improve knowledge of project fish populations Recommendation: Cumberland develop, implement and report the results of the fish salvage program, in consultation with DFO and other interested groups Cumberland optimize program design to improve baseline data for No Net Loss plan design and monitoring

10. Fish and fish habitat – Freshwater Intake Meadowbank Gold Project NIRB Final Hearing Impacts to fish and fish habitat will be limited DFOs Analysis and Assessment: DFO unable to verify impacts to fish habitat at the shoreline Conflicting statements regarding water volume Recommendation: Cumberland avoid infilling shoreline fish habitat and provide detailed plans for pipe installation during regulatory phase Cumberland seek a Fisheries Act s.30 approval for water intake screen

11. Fish habitat – All-weather road water crossings Meadowbank Gold Project NIRB Final Hearing Standard water crossing design and best management practices will limit impacts to fish habitat DFOs Analysis and Assessment: Limited hydrology data at water crossings No monitoring and maintenance plan Recommendation: Cumberland consider span bridges for fish streams Cumberland provide hydrology data to verify fish passage in stream crossing designs Cumberland develop a monitoring, maintenance and closure plan

12. Fish habitat – Easternmost channel Meadowbank Gold Project NIRB Final Hearing Modifications to easternmost channel to address altered flow between Third Portage and Second Portage Lake and loss of fish habitat DFOs Analysis and Assessment: Details on channel modifications not provided Details on adaptive water flow management not provided Unable to verify benefits of proposed fish habitat enhancements Recommendation: Cumberland to provide adaptive management framework for water flow and detailed design of any channel modifications Cumberland to monitor water levels in Third Portage Lake, if necessary

13. Fish habitat – No Net Loss Plan Meadowbank Gold Project NIRB Final Hearing Proposed No Net Loss plan will mitigate impacts to fish habitat in the project lakes

14. Fish habitat – No Net Loss Plan Meadowbank Gold Project NIRB Final Hearing DFOs Analysis and Assessment: Temporal losses of fish habitat not addressed Contingency plan not provided Development of additional habitat enhancements (A & B list) Recommendation: Cumberland revise No Net Loss plan to include additional fish habitat enhancement strategies and develop an adaptive management approach to implementation

15. Fish habitat – No Net Loss Plan Monitoring Meadowbank Gold Project NIRB Final Hearing Limited monitoring plan to verify the success of the No Net Loss plan DFOs Analysis and Assessment: Unable to verify whether the monitoring plan will be successful in demonstrating NNL Confident that an acceptable plan will be achieved Recommendation: Cumberland develop a robust monitoring plan to demonstrate success of No Net Loss plan Cumberland augment fisheries baseline in support of monitoring plan for the No Net Loss plan

16. Marine Environment – Barge Traffic Meadowbank Gold Project NIRB Final Hearing Assessment of cumulative impacts on marine mammals due to barge traffic determined no significant impacts DFOs Analysis and Assessment: Satisfied with the assessment, mitigation measures and monitoring Recommendation: Cumberland considers the guidance in the Marine Environmental Handbook Cumberland considers an local on-board observer during barge operations

17. Cumulative Effects – Fish and Fish Habitat Meadowbank Gold Project NIRB Final Hearing Cumulative impacts to fish and fish habitat not significant DFOs Analysis and Assessment: Assessment was appropriate and adequate Re-consideration for reducing impacts to fish and fish habitat at Meadowbank Recommendation: Cumberland periodically review future development plans in Meadowbank claim block and consider potential cumulative impacts to fish and fish habitat

18. Other Issues – Accidents and Malfunctions Meadowbank Gold Project NIRB Final Hearing Likelihood of accidents and malfunctions extremely low DFOs Analysis and Assessment: Impact of accidents and malfunctions not presented in the aquatic assessment Unclear whether appropriate mitigation measures incorporated into monitoring and management plans Recommendation: Cumberland provide summary of potential accidents and malfunctions associated with fish and fish habitat, and identify how mitigation measures addressed in design, monitoring and management plans

19. Conclusion DFO would like to commend the cooperative working relationship Cumberland has demonstrated during the review DFO is confident our outstanding issues related to fish and fish habitat can be resolved prior to and during the regulatory phase. Meadowbank Gold Project NIRB Final Hearing

20. Matna, Thank You Questions? Meadowbank Gold Project NIRB Final Hearing