From: "Hardy, Susan" To: "'Nunavut Water Board'" Cc: "Thomas Kudloo" ; "Stephen Traynor" ; "Stephanie Briscoe" ; "Stefan Lopatka" ; "Senior Technical Advisor" ; "Robert Carreau" ; "Phyllis Beaulieu" ; "Philippe di Pizzo" ; "Paul Smith" ; "Michael Roy" ; "Levi Barnabas" ; "Lee Webber" ; "Laurie Pelly" ; "Jordan DeGroot" ; "Baddaloo, Earle" ; "Sitland, Doug" ; "David Searle" ; "Carson Gillis" ; "Carl Mclean" ; "Trotter, Bruce" ; "Curley, Billy" ; "Bill Tillman" ; "Bill Heath" ; "Moquin, Robert" ; "Hollis, Margaret" Subject: Nanisivik Technical Reports - April 25th Input - Status Report and Request for a further regulatory input opportunity Date: April 24, 2003 4:48 PM Hello, This is to follow up the technical meeting held in March, and a series of telephone messages yesterday between myself, GN regulators, Board Headquarters, and Phillipe Di Pizzo. Due to work, and a family funeral, I have been traveling since the technical meeting in March. Yesterday I contacted GN officials for an update on this file, and to receive instructions for our submission on the HHERA, Phase 2 ESA, and Emergency Response plans that CanZinco has submitted. Those instructions were provided, and I will be making a detailed submission on behalf of the GN tomorrow, April 25th. I also attach below, a document which GN had undertaken to provide to the Board when we met in March - the Environmental Review section of GN's feasibility study on future uses of housing presently located at Nanisivik. For today, I felt it was also important to advise the Board immediately in advance of our formal submission, that there are two specific areas where regulators are (reportedly) unanimous in seeking an additional opportunity for responses, after April 25th: i) Regulators are concerned about the SQRO's recommended for the Nanisivik closure and will not be recommending that NWB accept them at this time. To respond to these concerns will require further investigation into the background levels and other assumptions used in developing the SQRO's, and qualified investigation of the basis for observed differences between Jacques Whitford's recommendations for Nanisivik, and the results of in the parallel Cantox report prepared for Polaris mine. EBA have been asked by GN and DIAND jointly, to prepare a peer review addressing these issues, which should be available by Friday May 30th, 2003. ii) In addition, Regulators, particularly GN Public Health Officials are concerned about potential omissions, assumptions and conclusions advanced in the HHERA and Phase 2 ESA, and have engaged Dr. Tenenbein, a qualified medical Toxicologist, to assess these various concerns. Issues addressed by Dr. Tenenbein will include (but are not limited to): potential adverse impacts resulting from lead exposure as a carcinogen; potentail adverse impacts resulting if pregnant women are exposed to the reported metal levels... Dr. Tenenbein has also been asked to provide at least a summary of his conclusions by Friday May 30th, 2003, (if not his completed report). Since my last involvement in March, there appears to have arisen among the regulators an impression that the Board anticipates, and has made provision to receive follow up comments from regulators on or about May 30th, 2003. It may be that I missed some procedural discussions that occurred during my travels. If this is true then there is no need to vary that plan, and I only request that the Board be aware that import issues are under investigation, that cannot be fully addressed in our April 25th submission given the lack of needed information. Follow-up study and input to the Board on these matters can not be completed until May. It will be important not to pre-judge what results may be obtained from these review efforts. On the other hand, if the Board had not yet contemplated receiving further follow-up from regulators after April 25th, 2003, then given the seriousness of the concerns to be addressed through further study, I would ask on behalf of the GN that you consider this as a formal request to create that procedural opportunity: GN requests the opportunity to submit further expert commentary on the HHERA and Phase 2 ESA reports, and to make further regulatory comment on the totality of the reports and evidence available on or about May 30th, 2003 . As indicated, I am currently traveling, but will be in touch again tomorrow with our formal GN response. Should you have any questions about this e-mail, or other matters relating to GN's role and concerns about the closure of Nanisivik, I can be reached by e-mail or c/o Crowne Plaza Hotel Phone (613) 237 3600. Susan L. Hardy, Legal Counsel Nunavut Department of Justice Legal and Constitutional Law Division First Floor, #1107 GN Building Box 1000, Station 540 Iqaluit, Nunavut X0A 0H0 Tel 867 975 6319 Fax 867 975 6349 E-mail SHardy@gov.nu.ca > -----Original Message----- > From: Thompson, Joy > To: Hardy, Susan; MacIsaac, Bernie; Baddaloo, Earle; Trotter, Bruce; > Moquin, Robert > Cc: D'Arcy, Chris > Subject: RE: Nanisivik Technical Meeting - Follow Up > > Here's the environmental section of the FSC study, as requested by Susan. > > <> > >