NIRB File No.: 08MN053
INAC File No.: N2008T0014
DFO File No.: 2008 MR
QIA File No.: LUA-2008-008
November 4, 2016
Wayne McPhee
Director, Sustainable Development
Baffinland Iron Mines Corporation
2275, Upper Middle Road East
Suite 300
Oakville, ON L6H 0C3
Sent via email: wayne.mcphee@baffinland.com
Re:

The Nunavut Impact Review Board’s 2015-2016 Annual Monitoring Report for the
Mary River Project and Board’s Recommendations

Dear Wayne McPhee:
The Nunavut Impact Review Board (NIRB or Board) is hereby releasing its 2015-2016 Annual
Monitoring Report for Baffinland Iron Mines Corp.’s Mary River Project (Monitoring Report)
along with the 2016 Site Visit Report for the NIRB’s monitoring of the Mary River Project.1
The enclosed Monitoring Report is based on the NIRB’s monitoring activities as set out within
the Mary River Project Certificate No. 005 and pursuant to Sections 12.7.1 and 12.7.2 of the
Nunavut Land Claims Agreement. This report provides findings that resulted from monitoring
of this Project that took place from October 2015 through September 2016.
In discussing the results of the NIRB’s monitoring program for the Mary River Project (the
Project) at its most recent meeting in October 2016, the Board’s membership expressed growing
concern for the various enforcement actions that were required to be taken by regulators for the
Project during the past year, as well as the well-publicized deteriorating relationship between the
Baffinland Iron Mines Corp. (Baffinland or the Proponent) and the Qikiqtani Inuit Association
regarding implementation of the Inuit Impacts and Benefits Agreement for the Project, and the
number of environmental issues on site appearing to result from poor management practices
which now requiring addressing. In recommending approval of the Mary River Project in 2012
following a detailed and extensive impact assessment process, the Board developed terms and
conditions of Project Certificate No. 005 and the accompanying monitoring program to provide
the rigorous environmental protection required to operate the Project while maintaining public
confidence and support from local community members with ties to the area. In seeking
1

Appendix I of 2015-2016 Annual Monitoring Report
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 approval to implement the Early Revenue Phase for the Project, Baffinland indicated its intention
to deliver “a first development phase with reduced upfront capital requirements and shortened
construction duration such that production and revenue generation are able to commence sooner
with the objective of facilitating the second, larger, Rail phase (as described in the FEIS) of the
Project at a later date”2. Within its March 17, 2014 public hearing report for the Early Revenue
Phase, the NIRB expressed its confidence that this first development phase could proceed if it is
undertaken within the limits and mitigation measures included in the comprehensive additional
and revised terms and conditions of Project Certificate No. 005. Though Baffinland has sought
to approach development of the approved Mary River Project in phased approach, the
commitments made by the Proponent for environmental protection and compliance have not
diminished in importance; the Board strongly recommends that Baffinland devote sufficient time
and attention to addressing the recommendations within this report to ensure full compliance
with Project Certificate No. 005 is achieved.
While Baffinland is currently seeking approvals for implementation of a second phase of
development for the Project, the “Phase 2 Proposal”, the NIRB reminds the Proponent that strict
adherence to the terms and conditions of Project Certificate No. 005 continues to be required
while consideration of the Phase 2 Proposal is ongoing. By way of a motion carried during its
regular meeting held in Arviat on October 26 2016, the Board has approved issuance of the
following recommendations to assist Baffinland in achieving compliance with the Mary River
Project Certificate and to ensure the NIRB has all information necessary to adequately discharge
its mandate with respect to the monitoring provisions within Article 12 of the Nunavut Land
Claims Agreement.
1. Recommendations based on the NIRB’s Review of the 2015 Annual Report
Monitoring Sea Levels and Storm Surges at Steensby Port and Milne Inlet
Baffinland is required pursuant to Conditions 1 and 83 of the Project Certificate to undertake
monitoring of sea levels and storm surges at Steensby Port, and Milne Inlet using GPS and tidal
gauges. Although Baffinland had previously reported within its 2013, 2014 and 2015 Annual
Monitoring Reports to the NIRB that it installed tidal gauges at Milne Port in 2014, the Board
notes that Baffinland has yet to retrieve any data from the gauge, and results of sea levels and
storm surges at Steensby Port and Milne Inlet have not been provided for the last two (2) years.
The submission of the required monitoring data will clarify whether implementation of
additional mitigation measures are required to ensure that impacts of climate change on project
infrastructure, including Milne port facilities are adequately minimized and mitigated. Further,
should Baffinland continue to not provide the requested data, the NIRB could require the
mitigation on a precautionary basis.
Recommendation 1: The Board requests that Baffinland provide its rationale for not
submitting tidal gauge monitoring results to NIRB, and where applicable, identify or
clarify any site-specific conditions that may have limited the Proponent’s efforts to
retrieve data from the tidal gauge located at Milne Port since 2014. The Board also
requests that Baffinland provide information on how it intends to address these
limitations in subsequent monitoring periods to ensure that sea levels and storm surges
are adequately monitored. It is requested that this rationale, information and available
monitoring data be submitted to the NIRB within 30 days’ receipt of the Board’s
2

Baffinland Letter to NIRB Re Request to Amend Project Certificate No.005-Mary River Project (January 10, 2013 )
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 recommendations, with an accompanying discussion regarding any observed changes in
sea levels, storm surges, and other climate related effects across key project locations.
Submission of Quarry Management Plans
Baffinland reported within its 2015 Annual Monitoring Report that it had submitted a quarry
management plan, and several blasting management plans for the following quarry sites: Q7,
Q11, Q18, Q19, Km 104, Km 97, Km 2, D1Q1, D1Q2, Q1 and QMR2; however the Board notes
that blasting management plans for two (2) quarry sites (Q18 and P1) were not appended within
the 2015 Annual Monitoring Report submission to the NIRB. The Board considers the
submission of these site-specific management plans important for demonstrating that all sources
of potential contamination will be adequately monitored.
Recommendation 2: The Board requests that Baffinland address this information gap by
submitting the blasting management plans for quarry sites Q18 and P1 within 30 days’
receipt of the Board’s recommendations.
Potential Suspension of Sulphur Dioxide Monitoring
Baffinland is required pursuant to Condition 8 of the Project Certificate to ensure that Sulphur
dioxide (SO2) and Nitrous dioxide (NO2) emissions remain within predicted levels at the Mine
site, Milne Port, and at Steensby Port, and where applicable, within limits established by all
relevant guidelines and regulations. Baffinland referenced the submission of its 2015 Gaseous
Emission Monitoring Report (Appendix K1) as addressing compliance with this condition, and
noted that emission monitoring for SO2 and NO2 were undertaken in each quarter of 2015 at
Milne Port and the Mine site respectively. The NIRB notes that at both sites, SO2 levels have
been low throughout the year and do not exceed the 1-hour or 24-hour limits. The NIRB further
notes that the referenced report contains three (3) recommendations with respect to the ongoing
air quality program, with a recommendation specifically stating that Baffinland “discontinue all
continuous SO2 monitoring at both sites”.
Recommendation 3: The Board requires that the details of any contemplated changes to
the ongoing air quality monitoring program, including rationale for the potential
suspension of any monitoring parameters (e.g., SO2 and NO2), be provided to the NIRB
and other authorizing agencies prior to terminating such monitoring activities. The NIRB
requests that Baffinland provide an update on this matter within its 2016 Annual Report.
Fish Health Monitoring
Baffinland indicated on page 62 of the 2015 Annual Reporting that, in 2015, the Core Receiving
Environment Monitoring Program (CREMP) approach was transitioned from a characterizationbased study to an effects-based approach. Additionally, Baffinland concluded within its 2015
Annual Report to the NIRB that larger and faster-growing juvenile arctic char that were found at
Camp Lake compared to the reference lake in 2015, and that no ecologically meaningful
differences in the health of juvenile or adult arctic char were indicated between the 2015 and
baseline periods at Camp Lake. The NIRB notes that the conclusion of no health effects in arctic
char or other fish population was not fully substantiated in the Annual Report, including in the
Marine Environmental Effects Monitoring Program (MEEMP) report, and that Baffinland only
utilized morphometric (length, size, weight, and age) and metal bioaccumulation trends in
ascertaining fish health from the control and impact areas. The NIRB also notes that other key
biochemical parameters which are important indicators of fish health have not been included in
the CREMP, which brings into question the validity of the conclusion of no effects on Arctic
char populations.
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 Recommendation 4: The Board requests that Baffinland consider improvements to its
Core Receiving Environment Monitoring Program (CREMP) to further substantiate its
conclusion of no mine-related effects on fish population. For example, one way this
could be addressed is by monitoring biochemical changes and sub-lethal effects in fish
populations, using markers of oxidative stress, status of antioxidant enzyme activities and
conducting histopathology of gills, livers and gonads, to monitor mine-related effects in
the aquatic environment. The NIRB requests that the Proponent support its conclusions
regarding mine-related effects on fish health beyond reliance on morphometric
parameters (length, size, weight, and age) and metal bioaccumulation trends in assessing
effects; further consultation with experts from Fisheries and Oceans Canada and/or
Environment and Climate Change Canada may assist in this regard. While the Board
recognizes that the 2015 CREMP report indicated that iron concentrations were elevated
at the Camp Lake system (CLT1), the NIRB notes that excessive iron uptake can induce
cellular injuries, oxidative stress, lipid peroxidation and alteration in antioxidant enzyme
activities, which can subsequently threaten fish health at the population level. It is
requested that Baffinland highlight updates to its CREMP and include an expanded
discussion of any conclusions made regarding mine-related effects on fish populations in
the next Annual Monitoring Report.
Terrain Stability
Regarding permafrost degradation and identification of sensitive landforms pursuant to
Conditions 25 and 28 of the Project Certificate, Baffinland indicated in its 2015 Annual Report
to the NIRB that additional geotechnical investigations were undertaken in 2015 at Milne Port as
well as at other site areas, and that there was no observable site conditions were identified that
would represent concerns regarding dyke stability in the Project area. The Board also notes that
Baffinland had previously reported within in its 2013 Annual Report to the NIRB that in
September 2014, the Tote Road and borrow sources were subject to geotechnical inspections
which reported that several of the borrow pits had been excavated into thaw-sensitive or ice-rich
soils. Of the 101 locations investigated along the Tote Road, 7% of sites were ranked as
requiring a higher priority for stabilization. The NIRB notes that Baffinland’s 2015 Annual
Monitoring Report as submitted to the NIRB does not contain any specific details or information
regarding what measures have been undertaken since 2014 to address the terrain issues noted
through these geotechnical investigations, which are required to comply with Conditions 25 and
28 of the Project Certificate.
Recommendation 5: The Board requests that Baffinland provide information on the
terrain stability status of the locations along the Tote road and the borrow pits previously
identified for stabilization in 2014. Where applicable, Baffinland should provide
descriptions of the specific mitigation measures undertaken to address permafrost
degradation and terrain stability within the Project area. It is requested that this
information be incorporated into Baffinland’s next annual report to the NIRB.
Terrestrial Environmental Monitoring Program
On page 73 of the 2015 Terrestrial Environment Annual Monitoring Report (Appendix L2 of the
Proponent’s Annual Report), Baffinland reported that it discontinued the following monitoring
programs in 2015: vegetation abundance monitoring vegetation and soil base metals sampling;
exotic invasive plant species monitoring; den surveys; and roadside waterfowl survey, all of
which were prescribed by terms and conditions 34 through 39, 55a, and 65 through 74 of the
Project Certificate. Baffinland provided its rationale for discontinuing these programs within the
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 2015 Annual Terrestrial Environment Monitoring Report and noted that the decision to
discontinue these programs was informed through discussion with the TEWG; the Board,
however, notes it was not informed of these changes by Baffinland prior to suspension of these
monitoring programs. The NIRB reiterates the need for Baffinland to proactively communicate
with the NIRB and other authorizing agencies including affected communities prior to
discontinuing such monitoring activities. As the requirements of the terms and conditions of
Project Certificate No. 005 have not changed, Baffinland must also provide sufficient
justification regarding how these updated monitoring practices still comply with the terms and
conditions mandating the monitoring activities.
Recommendation 6: The Board requests that Baffinland provide sufficient justification
for the suspension of the selected terrestrial monitoring programs listed on page 73 of its
2015 Terrestrial Environment Annual Monitoring Report, with an accompanying
discussion of what implications these changes may have on providing data for long-term
monitoring of valued ecosystem components. The Board further requests that Baffinland
clarify whether it liaised with the local hunters and trappers organizations, community
members and authorizing agencies prior to suspending the selected terrestrial monitoring
programs in 2015, and further describe how any such engagement was carried out.
Evidence of any support received from parties regarding changes to monitoring programs
must also be substantiated. Finally, Baffinland must demonstrate how it has continued to
meet the requirements of Project Certificate terms and conditions 34-39, 55a, and 65-74
and how it intends to ensure continued compliance going forward. It is requested that
this information be provided within 30 days’ receipt of these recommendations.
Hydrodynamic modelling in the Milne Inlet Port area
Baffinland indicated within its Shipping and Marine Wildlife Management Plan that it has
developed a baseline sampling program to provide effective monitoring of physical and chemical
effects of ballast water discharges, sewage outfall, and bottom scour by ship props pursuant to
Conditions 83(a) through 87 of the Project Certificate. Baffinland further noted within the
aforementioned Plan that the collected data would be used as input to a hydrodynamic model to
monitor sediment re-distribution at the Milne port site, and for ballast water dispersion modeling.
While Baffinland indicated within its response to comments received on the 2015 Annual
Monitoring Report that the ballast water dispersion model has been re-run as an empirical model
as described in CORI (2015),3 the NIRB notes that the document referenced as CORI (2015) was
neither submitted as an appendix to the 2015 Annual Monitoring Report or in response to
comments by the Qikiqtani Inuit Association (QIA) on the 2015 Annual Monitoring Report. In
addition, Baffinland’s 2015 Annual Monitoring Report did not provide any evidence of when
and how it utilized more detailed bathymetry from Milne Inlet to model the anticipated ballast
water discharges from ore carriers prior to commercial shipment in 2015, nor was discussion
included regarding what extent the results from modeling were used to update ballast water
discharge impact predictions, including when and how additional sampling was undertaken to
validate the model and associated monitoring plan.
Recommendation 7: The Board requests that Baffinland provide the referenced
publication (CORI, 2015) titled “Preliminary estimates of seasonal ballast water
dispersal at Milne Inlet, Baffin Island” and supporting information regarding the status of
3

Coastal and Ocean Resources Inc. (CORI), 2015. Preliminary Estimates of Seasonal Ballast Water Dispersal,
Milne Inlet, Baffin Island. Prepared by International Tsunami Research Inc., North Saanich, British Columbia.
Prepared for Sikumiut Environmental Management Limited (SEM), St. John’s, NL. 21pp.
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 the hydrodynamic modelling results. The Board also requests that Baffinland provide
details as to how and when it utilized additional bathymetry from Milne Inlet to model
the anticipated ballast water discharges from ore carriers prior to commercial shipment in
2015, including discussion of how results of the model were used to update impact
predictions regarding ballast water discharge. It is requested that this publication, the
update and any pertinent reports or results be provided to the NIRB within 30 days’
receipt of these recommendations.
Accidents and Malfunctions
Pursuant to Condition 174, Baffinland and the Canadian Coast Guard are required to provide
spill response equipment and annual training to Nunavut communities along the Project’s
shipping route to potentially improve response times in the event of a spill. Baffinland indicated
within its 2015 Annual Monitoring Report to the NIRB that it conducted a spill training exercise
in August 2015 at Milne Port, and that a ‘Spill at Sea Response Plan’ was finalized with input
from various stakeholders in 2015. However, the Board notes that the Proponent did not provide
any information regarding the provision of annual training to communities along the shipping
route, nor was any mention made of equipment having been provided to these communities. It is
currently unclear as to whether and how the Canadian Coast Guard or affected communities have
been involved in these efforts to date by Baffinland.
Recommendation 8: The Board requests that Baffinland provide the NIRB with an
update regarding how it has complied with Project Certificate term and condition 174 to
date, further highlighting its future plans to provide spill response equipment and annual
training to Nunavut communities along the shipping route. In addition, a discussion
should be provided as to how the training and equipment are expected to help improve
upon response times in the event of a marine spill. It is requested that this update be
provided within 30 days’ receipt of these recommendations, and that additional
information pertaining to any training sessions held to date including materials provided
to affected communities be included within the Proponent’s next annual reporting to the
NIRB.
Adaptive Strategies for Dust Deposition
The NIRB notes that the Roads Management Plan (Appendix J9, Part 1) submitted by Baffinland
as part of the 2015 Annual Report to the Board was missing the referenced appendix entitled
“Attachment A-Dust Management Protocol” and other appendices (B through D). The
referenced documents (Appendix A through D of Appendix J) were noted to be blank and
missing content. The NIRB also notes that the ‘Dust Management Protocol for the Mary River
Project Roads’ submitted as Part 2 of the 2015 Road Management Plan, and Section 8 of the
2015 Air Quality and Noise Abatement Management Plan have yet to be updated with
information that reflects the Board’s 2015 recommendation to specify within an updated Plan
which mitigation measures and adaptive management measures would be implemented in the
event of high threshold level of dust deposition, exceeding levels predicted in the FEIS or FEIS
Addendum.
Recommendation 9: The Board requests that Baffinland provide the NIRB with the
identified documentation as absent within the 2015 Annual Report, and further clarify
why the 2015 Air Quality and Noise Abatement Management Plan was not updated as
required by the Board’s 2015 recommendation regarding which specific adaptive
management measures that would be implemented in the event of high threshold level of
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 dust deposition, exceeding levels predicted in the FEIS or FEIS Addendum. It is
requested that these missing documentation be provided within 30 days’ receipt of these
recommendations, and that the required update to Section 8 of Air Quality and Noise
Abatement Management Plan be included within the Proponent’s next annual report to
the NIRB.
2. Recommendations from Authorizing Agencies’ Comments on 2015 Annual Report
Effects of Construction Noise on Marine Mammal Presence
The Qikiqtani Inuit Association (QIA) noted that Baffinland’s 2015 Annual Monitoring Report
did not include additional documentation required to demonstrate compliance with the Fisheries
Act authorization pertaining to the effects of construction noise on marine mammal presence.
Recommendation 10: The Board requests Baffinland provide a copy of its construction
noise monitoring report, which is to include information regarding compliance with the
requirement of the Fisheries Act authorization including effects of construction noise on
marine mammal presence. It is requested that this information be provided within 30
days’ receipt of these recommendations.
Shipping and Marine Wildlife Management Plan
The QIA noted that the current version of the Shipping and Marine Wildlife Management Plan
(SMWMP) did not provide specific timelines for the implementation of an anti-fouling system,
and was lacking information pertaining to how Inuit from potentially-impacted communities are
involved in the interpretation of results from the ongoing monitoring program.
Recommendation 11: The Board requests that Baffinland revise its Shipping and Marine
Wildlife Management Plan (SMWMP) through engagement with the Marine
Environment Working Group (MEWG), and provide updated information within the
SMWMP regarding the timelines for the implementation of an anti-fouling system,
including an action plan to integrate Inuit from potentially-impacted communities in the
interpretation of results from the ongoing monitoring program. It is requested that this be
included within the Proponent’s next annual report to the NIRB.
Further, the Government of Nunavut - Department of Environment (GN-DOE) recommended
that the SMWMP be updated to include methodology that will provide a reliable baseline and
monitoring information for polar bears at the sub-population scale that may be impacted by the
Project.
Recommendation 12: The Board requests that Baffinland follow-up with the
recommendations of the Government of Nunavut-Department of Environment and the
Marine Environment Working Group on Polar Bear monitoring, and that it revise the
Shipping and Marine Wildlife Management Plan (SMWMP) to include methodology for
Polar Bear monitoring. It is requested that this revision be reflected in an updated
SMWMP, and included within the Proponent’s next annual report to the NIRB.
Migration of Inuit and non-Inuit residents and Inuit Employee Turnover Rate
The QIA indicated that Baffinland’s 2015 Annual Monitoring Report did not provide sufficient
data regarding in-migration and out-migration of Inuit and non-Inuit residents within the North
Baffin Local Study Area (LSA). The QIA also noted that information regarding employee

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 residence, housing and migration status were not available for 2015 as required pursuant to
Condition 133 of the Project Certificate.
Recommendation 13: The Board requests that Baffinland, in consultation with the
Qikiqtaaluk Socio-Economic Monitoring Committee, develop robust indicators to
measure and survey the in-migration and out-migration of Inuit and non-Inuit residents in
the North Baffin Local Study Area. The Board requests that this survey be conducted,
and an assessment of the Project’s Inuit employee turnover rate undertaken on an annual
basis. Results of the survey should be provided and incorporated in the Proponent’s next
annual report to the NIRB.
Non-Inuit LSA residents and Contractor Employees
The QIA requested that Baffinland provide data for non-Inuit residents and contractors’
employees who reside in the local study area, including information regarding Baffinland’s Inuit
employee payroll.
Recommendation 14: The Board requests that Baffinland consult with the Qikiqtani
Inuit Association (QIA) in discussing priorities regarding monitoring of non-Inuit
residents and contractor employees in the local study area (LSA), and where applicable,
provide information regarding Baffinland’s Inuit employee payroll, in order to provide an
understanding of the expansion of the local market for consumer goods and services
within the LSA. It is requested that this be included within the Proponent’s next annual
report to the NIRB.
Project Infrastructure in Watercourses
Indigenous and Northern Affairs Canada (INAC) commented on Baffinland’s 2015 Annual
Monitoring Report, noting specifically that 11 of 34 fish-bearing in-water crossings had minor
issues that would require monitoring and potentially mitigation. INAC also reported on the
potential for the crossing at BG-01 to become impassable in the future.
Recommendation 15: The Board requests that Baffinland develop an action plan for the
identified fish-bearing crossings, and that it prioritize those crossings with potential to
become impassable in the future (e.g., BG-01). It is requested that updated information
regarding the status of the affected fish-bearing crossings, including BG-01 be provided
and incorporated into Baffinland’s next annual report to the NIRB.
Terrestrial Environment and Marine Working Groups
The Board notes that Project Certificate No. 005 required the establishment of the Terrestrial
Environment Working Group (TEWG) and Marine Environment Working Group (MEWG) to
ensure parties with appropriate expertise work with the Proponent to identify priorities for the
establishment of baseline conditions, and predictions of potential impacts to the terrestrial and
marine environment especially where deficiencies in data were identified through the NIRB’s
Final Hearing for the Project. Recognizing the recent changes reported by Baffinland regarding
discontinuation of selected terrestrial monitoring programs, and the deferral of aerial and
acoustic marine mammal surveys during the 2016 shipping season, the Board believes it is
necessary for Baffinland to improve on its efforts to effectively consult and engage with
members of these working groups, and adopt a consensus-based or quorum decision-making
process to the extent practicable prior to implementing changes to its ongoing terrestrial and
marine monitoring programs. Should the NIRB determine that the working groups are an
ineffective means in delivering the required collaborative and precautionary approach to project
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 monitoring, the Board may be required to further reconsider the associated Project Certificate
terms and conditions.
Recommendation 16: The Board requests that Baffinland ensure that the Terms of
Reference for both the Terrestrial Environment Working Group (TEWG) and Marine
Environment Working Group (MEWG) appropriately reflect the organizations that are
involved in the working groups, and if necessary provides additional clarity to expected
level of participation for the various groups participating. Baffinland should also detail in
its meeting notes how meetings are structured to allow for meaningful engagement.
Consideration should be given to adoption of a consensus-based or quorum decisionmaking process to ensure that the record properly reflects parties’ full contributions and
inclusion of expertise, prior to implementing any changes to ongoing terrestrial and
marine monitoring programs. It is requested that any specific changes to ongoing
terrestrial and marine monitoring programs be reported directly to the NIRB on an
ongoing basis.
3. Recommendations Based on NIRB’s 2016 Site Visit
Recognizing that the Mary River Project continues to be in the early years of mining operations
with implementation of its Early Revenue Phase, Baffinland has indicated its position that there
are a number of terms and conditions contained within Project Certificate that are not applicable
or which have not been completely adopted by Baffinland for other reasons at this time. Below
is a summary of the issues noted during the NIRB’s July 2016 site visit, and the NIRB’s
recommendations to address identified issues of potential non-compliance with the terms and
conditions of Project Certificate No. 005:
Used Tires
During the 2016 site visit, it became evident that used tires have become a significant waste
stream across the Project sites, particularly around the mine site and Milne Port. While the
NIRB Project Certificate does not contain specific terms and conditions for addressing this
particular waste stream, the management measures committed to by Baffinland in the Final
Environmental Impact Statement, Environmental Protection Plan, and Waste Management Plan
indicate that used tires were expected to be stockpiled for shipment offsite (e.g., re-treading,
reuse, or disposal). Alternatively, in 2011 as part of the design of the Mine Site
Landfill/Landfarm Site Layout Plan submitted to the Nunavut Water Board, used tires would be
disposed of on-site in a segregated area within the landfill facility. During the 2016 site visit, a
designated used tire storage area was not found within the landfill and used tires were found to
be inconsistently stockpiled at different locations across the Project sites visited. On October 7,
2016, Baffinland provided an update to the NIRB via email on the status of used tires, noting that
it is currently reviewing options for tire storage and will develop a preliminary plan in time for
submission with the 2016 NIRB Annual Report.
The NIRB reminds the Proponent that the environmental assessment, predictions and
assumptions completed for the Mary River Project and associated Early Revenue Phase, were
based on the contents and commitments in Baffinland’s Final Environmental Impact Statement
to ship tires off site for disposal. The Board notes that additional information related to the
storage and disposal of tires has, and will continue to be provided to the Nunavut Water Board as
part the water licensing and compliance process for the Project. Recognizing that Baffinland has
noted that it is currently reviewing options for managing the disposal of used tires generated on
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 site, the Board requests that care be taken to revisit the impact predictions and commitments filed
in support of the Project, as the NIRB will be required to consider this information when
determining whether additional direction or reconsideration of Project Certificate terms and
conditions may be warranted.
Recommendation 17: The Board requests that Baffinland provide an explanation as to
why the used tire management measures committed to in the Final Environmental Impact
Statement (FEIS) and FEIS Addendum for the Mary River Project and Early Revenue
Phase, which stated that used tires would be stockpiled for shipment offsite (e.g., retreading, reuse, or disposal), are not in place onsite. In addition, the Board requests that
Baffinland clarify why used tires are not properly segregated in an on-site landfill facility
as committed to within the Mine site Landfill/Landfarm site layout plan submitted to the
Nunavut Water Board in 2011. It is requested that this information be provided within 30
days’ receipt of these recommendations.
Waste Landfill
At the time of the 2016 NIRB site visit, most the protective mesh around the landfill area was
completely removed from the supporting poles, similar to previous NIRB site visit observations
in 2014 and 2015. The NIRB further notes that the condition of the fencing around the landfill at
the time of the 2016 site visit had not significantly improved compared to previous years as
Baffinland had yet to install a more durable fencing material consistent with best practices, and
as recommended by the Board in 2014 and 2015. However, on October 7, 2016, Baffinland
provided an update via email to the NIRB regarding the status of the landfill, noting that plastic
mesh and a new eight-foot high litter fence constructed of wooden pallets were installed in
August, 2016 around the active area of the landfill facility.
Recommendation 18: The Board requests that Baffinland adhere to industry best
practices for landfill operations, including maintenance of landfill litter fences to ensure
waste materials are not dispersed offsite. It is further requested that Baffinland continue
to evaluate its need for an upgraded litter fence around the active areas of the landfill in
the light of changing environmental conditions at site. It is requested that an update
regarding implementation of this recommendation be provided within the next annual
report to the NIRB.
Uncontrolled Seepages from Waste Rocks
During the tour of the waste rock dump that occurred as part of the NIRB’s 2016 site visit, the
Monitoring Officer noted uncontrolled seepage of site contact water from the piles of potentially
acid generating waste rock into the adjacent tundra. The Monitoring Officer observed that the
waste rock storage area as currently constructed lacked appropriate water management structures
required to properly divert or intercept overland runoff from the waste rock dump to the nearby
sediment pond. As the runoff management structures which Baffinland had committed to
installing in the Final Environmental Impact Statement (FEIS) and FEIS Addendum for the Mary
River Project and Early Revenue Phase (i.e., bermed channels) were not in place at the time of
the 2016 site visit, Baffinland is not in compliance with Conditions 17 and 46 of NIRB Project
Certificate No. 005.
Recommendation 19: The Board requests that Baffinland provide an explanation for the
uncontrolled seepage of site contact water from the piles of potentially acid generating
waste rock into the adjacent tundra, with an indication why mitigation measures and
structures which Baffinland committed within the Final Environmental Impact Statement
P.O. Box 1360 Cambridge Bay, NU X0B 0C0
Phone: (867) 983-4600
Page 10 of 12

Fax: (867) 983-2594

 (FEIS) and FEIS Addendum to installing for the Mary River Project and Early Revenue
Phase were not in place at the time of the NIRB 2016 site visit. Additionally, the
Proponent is to provide a discussion of how it will ensure that site contact water is
managed around the waste rock piles, and how discharge from the waste rock dump will
be properly contained and channeled, and not allowed to flow into the adjacent tundra. It
is requested that this information be provided within 30 days’ receipt of these
recommendations.
Landfarm - Contaminated Snow, Soil and Synthetic Liners
At the time of the 2016 site visit, the NIRB Monitoring Officer noted no improvement with
respect to the removal of synthetic liners and windblown debris from the site. In addition, waste
tires were observed near the landfarm area. As noted in the previous 2015 site observations and
most recent 2016 site visit, the protocol related to proper management and disposal of synthetic
liners entrenched in contaminated soils does not appear to have been addressed pursuant to the
Board’s 2014 and 2015 recommendation. On September 28, 2016, Baffinland provided new
updates via email to the NIRB regarding the condition of the landfarm, noting that the large piles
of liner were removed in early September and placed in open seacans for disposal off site. In
addition, Baffinland indicated that other debris that included the quatrex bags containing soil and
other refuse (including small quantities of wood, garbage, and plastics) were sorted and removed
for proper disposal.
Recommendation 20: The Board requests that Baffinland continue to adhere to industry
best practices for landfarm operations, including for management of contaminated snow
and waste synthetic liners. It is further requested that Baffinland address the improper
storage of used tires near the landfarm area. It is requested that an update regarding steps
taken to address this recommendation be provided within the next annual report to the
NIRB.
Aesthetic Quality
The Monitoring Officer observed poor aesthetic quality of the project area during the 2016 site
visit, and noted the need for general cleanup of areas with unused materials, steel pipes, tires,
metals, salt bags, wooden materials, synthetic materials, drums particularly around contractor
laydown areas, the incinerator, and other locations. While all such instances of improper waste
storage may not pose an immediate threat to the surrounding environment, such instances reflect
poor waste management practices which are not reflective of industry best standards employed at
other operating mines in the Territory. The NIRB notes the need for the Proponent to adopt
industry best practices for maintaining visual and aesthetic quality of the Project area.
Recommendation 21: The Board requests that Baffinland take immediate steps to
address the general clean-up required on site across all project areas, and plan for nearterm removal of unused scrap materials, tires and synthetic materials currently stored
temporarily at various project locations in order to improve the visual quality of the site
as well as prevent potential impacts to the surrounding ecosystem from improper storage
and uncontrolled dispersal of wastes. It is requested that an update on steps taken to
better manage wastes and general site condition, including a plan for removal of
miscellaneous scrap materials, be provided within 30 days’ receipt of these
recommendations.

P.O. Box 1360 Cambridge Bay, NU X0B 0C0
Phone: (867) 983-4600
Page 11 of 12

Fax: (867) 983-2594

 Terrain Stability at Sewage Outfall Area
As noted during the 2016 site visit, some areas within the vicinity of the sewage outfall area
showed signs of terrain instability, and could pose a fall risk to workers unfamiliar with the site.
Recommendation 22: The Board requests that Baffinland provide a response regarding
how it plans to address the terrain stability issues noted at the sewage outfall area in
relation to impacts resulting from freshet events or spring thaw. It is requested that this
information be provided within 30 days’ receipt of these recommendations.
In summary, the NIRB’s annual monitoring report presents a snapshot of efforts made by the
Proponent to achieve compliance with the terms and conditions of Project Certificate No. 005
and the various commitments made by Baffinland Iron Mines Corporation regarding how the
Mary River Project will be operated. The NIRB’s monitoring program and the Monitoring
Officer for the Mary River Project are in place to regularly observe site operations with
consideration for the accuracy of predictions made in the environmental impact assessment for
the Project and observed outcomes. The Board also considers the Proponent’s compliance with
its regulatory obligations generally and the terms and conditions of NIRB Project Certificate No.
005 specifically. The Board encourages Baffinland to remain in regular communication with the
NIRB through its Monitoring Officer, and with authorizing agencies responsible for Project
oversight, to ensure compliance with the requirements of the NIRB Project Certificate No. 005
and the various licences, permits and approvals issued for the Project. It is in the Proponent’s
best interest to address all issues raised in the NIRB’s annual monitoring report in as timely a
manner as possible.
For items requiring follow-up action by Baffinland, the NIRB respectfully requests that a
response be provided within the timeline set out for each of the above recommendations. Should
you have any questions or require further clarification regarding the Board’s recommendations or
the NIRB’s monitoring program for the Mary River project, please contact the undersigned
directly at (867) 983-4603 or samuno@nirb.ca

Sincerely,

Solomon Amuno, PhD
Technical Advisor II
Nunavut Impact Review Board
cc:

Todd Burlingame, Baffinland Iron Mines Corp.
Mary River Distribution List

Enclosure (1):

The Nunavut Impact Review Board’s 2015 – 2016 Annual Monitoring Report for Baffinland Iron
Mines Corp.’s Mary River Project (October 26, 2016)

P.O. Box 1360 Cambridge Bay, NU X0B 0C0
Phone: (867) 983-4600
Page 12 of 12

Fax: (867) 983-2594