Kirkland Lake Gold Ltd. - Permit for activities to achieve an overall benefit to a species

Kirkland Lake Gold Ltd. is seeking an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) for impacts to Caribou (Boreal population) so they can construct a wastewater effluent pipeline for ongoing operation of Detour Lake Mine, approximately185 km northeast of the Town of Cochrane, Ontario.

The proposal may adversely impact:

• Caribou (Boreal population)
• up to 18 ha of caribou habitat

Protecting species under the Endangered Species Act

The Ontario government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.

Ontario provides protections for species at risk and their habitats under the ESA. Sections 9 and 10 of the ESA provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario list as either:

• extirpated
• endangered
• threatened

Caribou (Boreal population) is listed as threatened and therefore receives both species and habitat protection under the ESA.

The main threat to the survival of caribou is habitat loss, degradation and fragmentation due to human settlement and development activities such as:

• forestry
• mining
• linear corridors (e.g. hydro transmission, roads, etc.)

Caribou are also at risk from an increase in predation and disease that accompanies such broad habitat changes.

Under clause 17(2)(c) of the ESA, the Minister may issue a permit authorizing a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the ESA if the minister believes that:

• an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit
• reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted
• reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit

Providing an overall benefit to a protected species under the ESA means improving circumstances for the species in Ontario. Overall benefit is:

• more than "no net loss" or an exchange of "like for like"
• grounded in the protection and recovery of the species at risk
• more than mitigation measures or "replacing" what is lost

Actions to achieve an overall benefit to species

Kirkland Lake Gold Ltd. is working to identify proposed actions that would achieve an overall benefit for Caribou. These may involve restoring a minimum of 40ha of disturbed habitat on the Detour Lake Mine (DLM) site within three years by:

• integrating habitat restoration into mine closure planning for the existing DLM through re-designed and enhanced rehabilitation efforts to create Caribou habitat through rehabilitation of the mine footprint
• this habitat restoration is to be greater than the initial requirements for the DLM mine closure

These actions are expected to achieve an overall benefit to the species by:

• restoring a minimum of 40 ha of previously disturbed habitat
• decreasing range disturbance post mine closure
• protecting Caribou by:
  • providing suitable habitat
  • promoting increased public education and awareness

Reasonable alternatives being considered

Kirkland Lake Gold Ltd. has explored alternatives, including alternatives that would not adversely affect Caribou and their habitat. These include:

• No pipeline: no direct impact on caribou habitat, but does not address Kirkland Lake Gold's needs for managing wastewater on the property.
• Sunday Creek - Alternative A: total length of 4.91 km, including 4.55 km of new corridor. This alternative directly impacts 0.18 km² of Caribou habitat.
• Sunday Creek Alternative B: total length of 10.22 km, including 9.86 km of new corridor. This alternative directly impacts 0.39 km² of Caribou habitat.
• Detour River Alternative A: total length of 7.1 km, including 1.4 km of new corridor, discharging into the Detour River. This alternative will result in direct loss of approximately 0.29 km² of Caribou habitat.
• Detour River - Alternative B: total length of Alternative B is 9.1 km, with approximately 3.4 km of new corridor, discharging into the Detour River. This alignment impacts 0.37 km² of Caribou habitat.
• Detour River - Alternative C: total length of 8.2 km, including 5.0 km of new corridor. This alternative directly impacts 0.33 km² of Caribou habitat.

Kirkland Lake Gold Ltd. has concluded that Sunday Creek “Alternative A” has been identified as the preferred wastewater effluent discharge pipeline receiver through technical studies and consultation with communities. Of the explored alternatives it also has the least amount of impact to Caribou habitat.

Actions to minimize adverse effects on the species

Kirkland Lake Gold Ltd. is seeking ways to minimise adverse effects on Caribou and its habitat. These may include:

• making mine staff aware that there is the potential for Caribou to occur on site, including encounter protocol on what to do when Caribou are seen in the work area
• providing driver orientation for awareness of wildlife on site roads
• minimizing the project footprint where possible through use of existing Detour Lake Mine infrastructure
• restoring disturbed habitat at mine closure to conditions suitable for supporting Caribou
• ensuring that Caribou movement across the pipeline/road corridor is not blocked during daily operations; sections of the pipeline will have ramps or be buried so that wildlife can move back and forth over the pipe unrestricted
• ensuring Ontario’s ‘Best Management Practices for Mine Exploration and Development Activities and Woodland Caribou in Ontario’ are followed
• minimizing the width of linear corridors to 40 m to limit conspicuousness and accessibility for predators, humans and alternate prey
• ensuring pipes will not remain on the ground or on skids for long periods of time where possible during construction
• ensuring access road height will allow clear line of sight across the road for Caribou, where terrain and safe design considerations allow
• monitoring to inform and continually update effective compensation and mitigation measures
• implementing noise abatement strategies to dampen noise infiltrating habitats surrounding high traffic areas of the mine, including all machinery and equipment equipped with appropriate noise suppression devices that meet current government requirements
• maintaining equipment and vehicles in good working order, with functioning mufflers and emission control systems as available
• ensuring properly working machinery and equipment with adequate noise suppression devices that meet current government requirements
• re-vegetating exposed soils as soon as reasonably practicable

Other information

The Province has published a government response statement under section 12.1 of the Endangered Species Act, 2007 (ESA) with respect to Caribou.

A copy of the government response statement for Caribou is available at: https://www.ontario.ca/page/woodland-caribou-conservation-plan.

Posting this proposal on the Environmental Registry does not imply that we will issue a permit. A permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.