First Nation of Na-Cho Nyak Dun

First Nation of Na-Cho Nyak Dun Yearly Report 2008/2009 Re: Closure Planning for the Keno Hill Silver District Prepared for: Dennis Buyck Lands and Resources Manager First Nation of Na-Cho Nyak Dun NND Lands and Resources Department P.O. Box 220 Mayo, Yukon Y0B 1M0 Prepared by: Josée Lemieux-Tremblay Mining Liaison Coordinator for the Keno Hill Closure Plan First Nation of Na-Cho Nyak Dun

Over the last year, Nacho Nyak Dun and Elsa Reclamation Development Company Ltd. (ERDC) were busy working on preparing a closure plan for the various components of the historic United Keno Hill Mine Site (UKHM) which falls in the Na-Cho Nyak Dun Traditional Territory. This closure plan is collaboratly developed from discussions between the First Nation of Na-Cho Nyak Dun Government, ERDC, Indian and Northern Affairs Canada (INAC), and the Yukon Government (YG). The development of a closure plan for the Keno Hill property is critical for protecting NND s traditional territory by minimizing future effects and mitigating existing and past effects. NND s voice was heard at the first community meeting in April 2008, we spoke about the essence of the Closure Planning and what it involves. Following the meeting, we met with NND citizens to lay out NND s objective for the closure plan, we wanted to know: What does NND want from this closure plan? What do they expect, what are the concerns related to this issue? What are the values that NND shares regarding the site? NND s objectives were gathered and were compiled along with the objectives from the other parties involved. In 2008, work plans were designed and several studies and activities associated with the closure plan were carried out to evaluate the site and assess realistic closure options. A traditional knowledge program was initiated in 2008/2009 to provide input for closure planning. Meetings and interviews with NND elders and a group of NND citizens helped the study team by providing valuable information to identify important issues, traditional medicines and fish and wildlife that are important for NND. NND s community was actively engaged in discussions about closure planning through several community meetings and workshops to keep them up-to-date about closure activities. NND s input is continuously needed to help guide decision making and planning. We expect to carry on with the traditional knowledge program. ERDC and NND have agreed that traditional knowledge can provide a valuable source of information for closure planning. We need to coordinate further work with our community to compile more information that is relevant to the closure planning exercise and to present this information is a manner that honors its value in our community. A mentorship program was started with the aimed of building capacity for NND citizens to be involved in future and long-term closure activities. In 2008, this allowed NND to create summer employment for 2 NND youth to be involved on the closure planning activities. We anticipate building the capacity within our community by providing two NND youth with training opportunities related to mining environmental issues, mine closure, planning and/or environmental surveillance. As part of this program we expect to involve one NND Youth in at least one meeting happening in Whitehorse and possibly Elsa and Keno to support closure planning and care-and-maintenance.

We have identified what would be needed for NND to be involved in a more meaningful way and to be aware of the issues surrounding their traditional land and the closure plan. In order for NND citizens to be fully involved and able to participate in care-andmaintenance activities on this site, during 2009/2010, our strategy was to create another program called Environmental Monitoring Training. The purpose of this program is to ensure that NND is being provided with adequate resources to help in capacity building in environmental monitoring as it applies to the Keno site. This is allowing us to bridge the mentorship program with the traditional knowledge program. This program includes environmental monitoring courses, ecosystem interaction, understanding the application of traditional knowledge and science in determining how particular physical activities should be undertaken and how these could impact the land and the traditional territory. Example of courses could range from First aid, CPR, water monitoring, benthic assessment to educational mine tours, mining remediation, water sampling, monitoring training, environmental impact assessment, land planning, etc. In addition, small courses and certificate programs associated with more technical training such as ARD training in Smithers will be undertaken. To support NND s future roles in mine closure planning and implementation, we anticipate sending two NND citizens along with the coordinator to the ARD training in Smithers which is going to happen between August 31 and September 4, 2009. The development of this capacity will require the purchase of water sampling and monitoring equipment to teach NND students and citizens how understand and perform environmental monitoring work. This will also provide us with an opportunity to begin pursue our own understanding of how the Keno Hill Mine is affecting our traditional territory. The funding has also allowed us to engage the services of technical advisors as needed to support NND s participation in the closure planning process. As there is an evident need to assess other components of the terrestrial ecosystem to determine if metals are accumulating in the ecosystem we are going to fully involve two NND students and several NND experts to assist with monitoring programs and provide input for the Human Health and Ecological Risk Assessment. We need to ensure that NND citizens are fully aware of the site, the issues surrounding it and the proposed closure measures therefore more site visits is required. We anticipate taking Chief and Council along with our technical advisor for two tours of the site this coming year and two tours for students will be coordinated this year. Other visits will be made available by the coordinator as for example; for NND citizens, youth staff and various community members. In addition, while we were unable to initiate site visits of other mine sites that are in the process of reclamation or which have already been reclaimed, we anticipate coordinating educational site visits to Faro and to the Brewery Creek mine. This will be done in conjunction with other activities with coordinators from other first Nation communities

that are dealing with similar issues. As well, we anticipate to hold at least one more community meeting in 2009 to provide updates about the site status and closure planning status, A community workshop to discuss closure options and alternatives arising from ERDC s technical studies, closure issues and closure options programs and other community processes, furthermore we will be holding meetings with a senior advisory committee regarding decision making structure with other parties, engagement processes and closure planning administrative structures. We are working with the federal and Yukon governments and ERDC to develop appropriate protocols for compiling and sharing this information. ERDC completed several technical studies in 2008/2009 and anticipates completing numerous studies in 2009/2010. To support the upcoming closure planning activities on the schedule currently proposed by ERDC, NND anticipates that the 2009/2010 year will require several community meetings and other community processes to disseminate information and solicit feedback. Regarding the technical studies, the following is some examples of the outcome of some of these studies; the valley tailings area dams went through some additional maintenance to ensure compliance and minimize the risks of failure. The water treatment facility at Silver King was upgraded to include the construction of 2 new holding ponds and the rehabilitation of the adit outfall culvert and piping system. The new ponds are situated in parallel to the existing ponds. Regarding the water treatment and water management, an investigation was undertaken by a specialist at Galkeno-300 as the short term and the long term issues needs to be addressed, a design of a suitable treatment method during peak flow occurrence was completed. Anew clarifier was purchased and delivered to the site. Several physical activities were completed as for example, the bioreactor cell design which was configured at Galkeno 900. The bioreactor cell was roughed in and the liner was applied, aggregate matting for cell was obtained by local placer miner. The bioreactor cell construction is complete and recirculation of the cell with carbon source was undertaken with the goal of creating a biological culture. Geochemical studies were undertaken for the tailings and the waste rocks dumps because it was necessary to find out if there is any serious metal leaching issues. Also, a series of test pitting was completed, test pitting associated with hydrocarbon impact assessment, test pitting associated with the landfill assessment and test pitting at Mackeno tailing area were completed. A Terrestrial Effects Assessment follow up study was completed with assistance from Environmental Dynamic Inc. (EDI). A Fisheries and Aquatic Assessment was completed by Minnow using historical and current data gathered by several environmental firms as for Access Consulting, Laberge Environment and NND. We are currently working on a Human Health & Ecological Risk Assessment along with ERDC and Access Consulting and SENES. Technical fact

sheets were prepared; they include fundamental information and a site map. These facts sheets summarize the activities completed and their related outcome. The fall 2008 work planning discussions with ERDC, Yukon Government and the federal government suggested that the coming year will be busy for closure planning activities at the Keno Hill properties. ERDC s work on closure planning in 2009 and 2010 is expected to include further closure planning and investigative studies, compilation of closure issues, development of closure options, analysis of closure options, selection of preferred options and development of a closure plan. To support all of these activities we expect that there will be significant needs for participation by NND. A workshop was held for NND on January 14, 2009 where the common closure option themes associated with waste rock, VTA, open pits, water management, etc were presented to the community after being categorized and consolidated into an option report. A risk assessment workshop was held in Vancouver and NND was pleased to have one NND youth attending the workshop along with NND Environmental Officer, NND Deputy Chief and NND Mining Liaison Coordinator. The Hazardous waste abatement planning and activities started in 2008 is continuing. A risk registry list was created to rate the hazardous level of the site. An environmental audit was completed on the existing structures to assess the asbestos issue and ERDC and Alexco offered an asbestos abatement training course to NND. NND was able to attend the asbestos course in May 2009, 3 NND citizens were able to attend and successfully complete the training. The physical Hazards Reduction this year includes: Keno 700; Comstock adit; and Porcupine shaft. NND has begun to play an active role in the closure planning activities and wishes to continue and enhance this role. Care-and-maintenance is inherently unpredictable and ongoing activities will, in part, be decided on the basis of ongoing monitoring and performance. On May 15, 2009, we took the J.V. Clark grade 11 and 12 chemistry students for a tour of the Keno Hill Mine Sites. On June 10, 2009, a meeting was held at Five Mile Lake to discuss with NND Elders regarding the 2009/ 2010 activities on the forecast. We spoke about the environmental monitoring and the opportunities for NND to tour not only the Keno Hill Mine Site but to be able to visit the Brewery Creek and Faro Mine as well. On June 15, 2009, a tour of the site was held for Chief and Council. We coordinated a helicopter flight over the Keno Hill Mine Site; it is scheduled to happen on June 30, 2009. This will be done to provide staff and citizens with a better understanding of overall site layout and topography as well as site components that have limited or no land access. On July 2, 2009 we will be taking NND Elders for a tour of the site, several other tours will be made available for NND throughout the summer and fall season. We are waiting for a date confirmation regarding a tour of the Faro site which should happen between July 7 and 9.

We have a set date for the tour of the Brewery Creek Mine near Dawson City, it is schedule to happen on July 21 st, 2009 and we are taking names for this event made available to NND citizens. During the summer season we will be working on several components of the new environment monitoring program, as for example we will continue the collection of water samples and fish tissues for analysis. As well, we will be doing several studies down the South McQuesten River to assess the state of the environment, the water, the fish, the flora and fauna. We will use two canoes and two trucks for transportation. We are continuing to seek NND s input and help for the field studies which will be undertaken to involve youth, Elders and Lands staff. Thank You/ Mahsi Cho! If you have any questions about the closure and reclamation at Keno Hill Property or if you have any knowledge you wish to share with us, please feel free to contact Josée Lemieux-Tremblay, Mining Liaison Coordinator for Na-Cho Nyak Dun First Nation, 996-2415, or miningliaison@nndfn.com and we will direct you to the appropriate program person. Submitted by Josée Lemieux-Tremblay