project proposal form: land dispositions · project proposal form: land dispositions please review...

Directive No. 4 Project Proposal Form: Land Dispositions – of 32 September 2012 September 2012

PROJECT PROPOSAL FORM: Land Dispositions

Please review the checklist to ensure that all applicable sections of the project proposal form are completed and additional information is attached.

For further information on completing the Form please refer to the Proponent’s Guide: Completing a Land Disposition Project Proposal (Land Disposition Guide) at www.yesab.ca or contact a YESAB Designated Office.

If completing the Form electronically, click on the document headings or phrases underlined in purple to be directed to the Land Disposition Guide, and hover over the comment bubble icon ( ) for additional information.

Parts 1-6 completed

Parts 9-10 completed

Part 11 signed and dated

Location map with nearby waterbodies attached

Site photos attached

Regulatory application forms and notices, as indicated in Part 4, attached

Baseline environmental data or studies, if available

Digital file of the proposed project location (e.g. GPS trackfile, shapefile), if available

Heritage resource assessment attached (see Appendix A of the Land Disposition Guide)

Part 7, Agriculture Development completed

Heritage resource assessment attached (see Appendix A of the Land Disposition Guide)

Part 8, Quarries completed

CHECKLIST

All Land Disposition Proposals:

Rural Residential Land Disposition Proposals

Agriculture Development Proposals

Quarry Proposals

YESAB

Sticky Note

Marked set by YESAB


PROJECT PROPOSAL FORM: Land Dispositions

Proponent (Name or Company Name):

Project Title:

PROPONENT MAILING ADDRESS

Street/ Box/ Bag:

City/ Town: Territory/ Province/ State:

Postal/ Zip Code: Country:

CONTACT PERSON FOR THE ASSESSMENT

Name: Agent Proponent

Ph. (Business): Ph. (Home): Ph. (Cell):

PREFERRED METHOD OF CONTACT FOR THE ASSESSMENT (Select One)

Email Email Address:

Fax Fax Number:

Mail Mailing Address (if different than above) Street/ Box /Bag:

City/ Town: Territory/ Province/ State:

Postal/ Zip Code: Country:

PART 1 – PROPONENT CONTACT INFORMATION

YESAB

Highlight

If you are proposing to conduct the activities as an individual write your name here. If a company is proposing to conduct the activities write the company’s name here.

YESAB

Highlight

Provide a title for the project. Titles should be descriptive of the proposed activity and location features, such as a watershed or mountain.Example: Bear Creek Rural Residential Land Development

YESAB

Highlight

Provide your mailing address if you are the proponent or the company’s mailing address if a company is the proponent.

YESAB

Highlight

Provide the name of the person YESAB can contact about the proposed project. Using the check boxes, indicate whether the contact person is an agent, such as a consultant, or the proponent.

YESAB

Highlight

Provide the contact person’s phone numbers and their preferred method of contact. YESAB will use the method of contact indicated to send notices and other documents relating to the proposed project.


In the table below, specify the items from Schedule 1 of the Assessable Activities, Exception and Executive Committee Project Regulations which apply to the proposed project.

Regulation Item Yes No

Water Direct use of water [Part 9, item 3]

Construction, modification, decommissioning or abandonment of, or other activity in relation to, a watercourse crossing, other than one that is a bridge or is across navigable water [Part 9, item 4]

Watercourse training – such as that for the purpose of erosion control or that which is by means of a channel or bank alteration, artificial accretion, spur, culvert or dock – but not including the diversion of a watercourse [Part 9, item 8]

Land On Crown land or settlement land, moving earth or clearing land using a self-propelled power-driven machine [Part 13, item 12]

On Crown land or settlement land, levelling, grading, clearing, cutting or snow ploughing of

a) trail;

b) the right of way of a power line, pipeline, railway line or road; or

c) a route that provides access to land for the purposes of a geophysical, geological or engineering survey [Part 13, item 13]

On Crown land or settlement land, cutting standing or fallen trees or removing fallen or cut trees [Part 13, item 18]

Burning Starting an open fire to burn forest debris that has been piled or gathered using machinery [Part 13, item 19]

Quarry On Crown land or settlement land, other than an Indian reserve, the extraction of sand, gravel, stone, marl, loam, clay or volcanic ash [Part 13, item 15]

Operation, decommissioning, abandonment or expansion of a gravel or sand pit or stone quarry [Part 13, item 16]

Other On land under the administration and control of the Commissioner of Yukon or on settlement land, the construction, establishment, modification, decommissioning or abandonment or a structure, facility or installation for the purpose of agriculture, commercial recreation, public recreation, tourist accommodation, telecommunications, trapping or guiding persons hunting members of a species prescribed as a species of big game animal by a regulation made under the Wildlife Act, R.S.Y. 2002, c. 229 [Part 13, item 27]

Other (if yes, list Part and item numbers below)

PART 2 – REQUIREMENT FOR AN EVALUATION UNDER YESAA

YESAB

Highlight

Indicate by checking yes or no whether the activity listed in the table is applicable to your project proposal. If you believe that other activities may be applicable, please list them under “Other”.


1. Indicate the coordinates for the proposed project and attach a map of the corresponding location to the project proposal form.

NW Boundary NE Boundary SW Boundary SE Boundary

Latitude/ Northing

Longitude/ Easting

Datum: UTM Zone:

NTS Map Sheet Number(s):

Common or Traditional Location Name:

Legal Description (if surveyed):

2. The proposed project will be located in the following YESAB Assessment District(s):

Dawson Haines Junction

Mayo Teslin

Watson Lake Whitehorse

3. The proposed project will be located, or might have significant environmental or socio-economic effects in the following First Nation traditional territory(s). (Check all that apply).

Carcross/Tagish Champagne & Aishihik Kluane Kwanlin Dün Liard

Little Salmon/Carmacks Na-cho Nyak Dun Ross River Dena Selkirk Ta’an Kwäch’än

Teslin Tlingit Tr’ondëk Hwëch’in Vuntut Gwitchin White River Tetlit Gwich’in

4. Is the proposed project located within the Yukon North Slope (Inuvialuit Settlement Region)?

Yes No

5. The proposed project will be located on non-settlement land or Yukon First Nation settlement land. (Check all that apply.) For projects occurring on settlement land, indicate whether the land is Category A and/or B settlement land.

Settlement land Non- settlement land Unsure Category A Category B

First Nation:

Parcel:

6. Will the proposed project be located within the boundaries of a Yukon community?

Yes No

If yes, please name the community.

PART 3 – PROJECT LOCATION INFORMATION

YESAB

Highlight

Coordinates can be provided in either Universal Transverse Mercator (UTM) or latitude and longitude formats. Attaching a map of the proposed project location provides assessors, regulators and interested parties with additional location details.

YESAB

Highlight

Provide the map datum, if available.

YESAB

Highlight

If you have provided project coordinates in UTM format please include the UTM zone.

YESAB

Highlight

Provide the NTS map sheet number(s) which includes the project location.

YESAB

Highlight

Provide the name commonly or traditionally used to refer to the project location. Example: Km X of the Robert Campbell Highway

YESAB

Highlight

If the project location is surveyed, provide the legal description of the property. Example: Lot 2110, Quad 105E/3, Plan 70355, CLSR, 88210 LTO

YESAB

Highlight

Settlement land refers to First Nation settlement land under a Final Agreement. Visit the YESAB Geolocator at, http://geolocator.yesab.ca/ to locate settlement land parcels.

YESAB

Highlight

Indicate whether the proposed project is within the boundaries of a Yukon community. Assessors use this information to determine the potential of others using the project area and the potential project effects to a community.


7. Identify the nearest community(s) to the proposed project location.

Community(s) Distance from Project (Kilometres)

Km:

Km:

8. Is there a regional land use plan in effect at the location of the proposed project?

Yes No If yes, please identify.

9. Please identify any Area Development Regulations, Local Area Plans, and/or Resource Management Plans in effect at the location of the proposed project.

Name: Name:

Name: Not Applicable

10 a. List the nearest waterbodies/ watercourses to the project area and their distance in metres from the proposed project location.

Waterbodies/ Watercourses Distance from Project (Metres)

10 b. Indicate whether the distances provided above are map-based have been measured on the ground.

Map-based measurements Ground measurements

10 c. Indicate whether the proposed project is located near Special Management or Conservation Waters.

Yes No If yes, please identify.

YESAB

Highlight

Identify the nearest community(s) to the proposed project. Assessors use this information to assist in identifying other potential users of the project area and the potential project effects to a community.

YESAB

Highlight

This question refers to a completed regional land use plan. If you are uncertain whether there is a regional land use plan in effect at the location of your proposed project, contact the Yukon Land Use Planning Council (www.planyukon.ca).

YESAB

Highlight

Identifying whether there are Area Development Regulations, Local Area Plans or Resource Management Plans in effect provides additional information on whether your proposed project is consistent with the zoning for that particular area.

YESAB

Highlight

Example: Waterbody/Watercourse:Yukon River Distance from Project: 350 metres

YESAB

Highlight

Please indicate whether distances from waterbodies were measured by you, someone else, or from a map.


Completion of the following application forms or notices may be required for the proposed project to begin. Prior to submitting a Land Dispositions Project Proposal to a YESAB Designated Office, contact regulators and attach copies of all applicable regulatory application forms or notices to your YESAB submission. This will help ensure that projects are assessed in an efficient and timely manner. (Note: This list is not comprehensive. Contact all potential regulators to ensure required forms or notices are completed.)

Federal Regulator Authorization, Forms or Notices Required Attached

Fisheries and Oceans Canada Operational Statement Notification Yes No Yes No

Notification to DFO Yes No Yes No

Request for Project Review Yes No Yes No

Request for a Fisheries Act Authorization Yes No Yes No

Transport Canada Navigable Waters Protection Act Approval Yes No Yes No

Other Yes No Yes No

Territorial Regulator or Regulating Agency Authorization, Forms or Notices Required Attached

Energy Mines and Resources – Land Management Branch

Grant of Interest in Land Yes No Yes No

Land Use Permit Yes No Yes No

Quarry Permit Yes No Yes No

Energy Mines and Resources – Agriculture Branch Agreement for Sale/Land Application Yes No Yes No

Environment Air Emissions Permit Yes No Yes No

Pesticide Use or Service Permit Yes No Yes No

Community Services – Fire Marshal’s Office Fuel Storage Permit Yes No Yes No

Highways and Public Works – Transportation Maintenance Branch

Work within a Right-of-Way Permit Yes No Yes No

Yukon Water Board Water Licence Yes No Yes No

Other Yes No Yes No

First Nation (Please identify the First Nation below.) Authorization, Forms or Notices Required Attached

Land Use Permit or Approval Yes No Yes No

Other Yes No Yes No

Other Yes No Yes No

Municipality (Please provide the name of the municipality below.)

Authorization, Forms or Notices Required Attached

Development Permit Yes No Yes No

Other Yes No Yes No

Other Yes No Yes No

PART 4 – REGULATOR AND AUTHORIZATION INFORMATION


Complete this section if you have chosen not to attach all required forms as indicated in Part 3 – Regulator

The following sections should identify project purposes any alternatives that were considered in your project design. Please ensure information is complete and attach a separate sheet, if necessary.

1. What is the purpose of the project?

2. If applicable, describe alternatives to the project that were considered and provide a rationale for selecting the proposed project.

3. Describe any alternative locations considered for your project and provide a rationale for selecting the proposed location.

SECTION A: Project Purpose

SECTION B: Project Alternatives

PART 5 – PROJECT PURPOSE AND ALTERNATIVES


4. Describe any alternative ways that were considered for undertaking or operating all stages of the project, (e.g. alternative layouts, lot size, access road routing, waste disposal, potable water supply, etc.) and provide a rationale for selecting the proposed options.


Complete the questions below. If an answer is provided in an attached form indicate the name of the form and the page number where the information can be located (e.g. Heritage Report, page 3). Attach a separate sheet if necessary.

1. Provide an estimate of the timing and duration of all project activities, including for site preparation, construction, operation, maintenance and decommissioning.

If your project will occur on or adjacent to, settlement land, please answer question 2.

2 a. Describe what activities will take place on or adjacent to settlement land (diversions, clearing, fuel storage, construction and/or use of access roads/trails, etc).

2 b. Describe the location of activities mentioned above on or adjacent to settlement land. Provide a map if available.

SECTION A: Timing of Activities

SECTION B: Activities on or Adjacent to Settlement Land

PART 6 – PROJECT DESCRIPTION

Directive No. 4 Project Proposal Form: Land Dispositions – of 32 September 2012

3. Describe the type of access included in the proposed project by completing the table below. Attach a map of the type and route of access to, and within, the project area. If possible, maps should include geographical features (e.g. waterbodies, elevations, etc.).

Type of Access Width/ Length Location Watercourse Crossings

New Existing

New Existing

4. Does the project require the use of fill material?

Yes (if yes, please describe the type, quantity and source of fill material) No (if no, proceed to 5)

Type: Quantity: Source of Fill:

5. Describe the buildings that will be located on site (purpose, dimensions, location).

6 a. Does the project require the installation of utilities (e.g. telephone, electricity)? Yes No (if no, proceed to 7)

6 b. Will utilities cross a waterbody/ watercourse? Yes No

6 c. Please describe how utilities will be installed, including if it will be above or below ground.

SECTION C: Proposed Developments


7. In the table below, please describe the proposed earth moving and land clearing activities (e.g. grading, leveling). Check those clearing activities that are not applicable.

Reason for Earth Moving/Clearing

Details (activity description including timing of activity, area cleared/levelled, equipment used)

N/A

Dwellings and other buildings

Access

Septic system

Power line

Crop or forage development, or livestock

Other

8. How will cleared materials be disposed of?


9 a. What type of equipment are you proposing to use for each stage of the project?

9 b. Where will equipment be stored and maintained?

9 c. How will fuel be transported to the project location?

9 d. Where and how will refueling take place?

9 e. Will fuel be stored on site? Yes No

If yes, please indicate the type, volumes, containment, and storage locations for all fuel types.

SECTION D: Equipment and Fuel Use


10 a. Does the proposed project require water use?

Yes if yes, indicate the quantity __________________m3/day No (if no, proceed to 11)

10 b. Where is the water source?

10 c. Please provide a description of the waterbody/watercourse(s) including width, depth, ordinary high water mark, and flow velocities.

10 d. What is the timing and frequency of water withdrawal?

10 e. Please describe the water intake method (e.g. pump, gravity feed, etc.) including:

I. Details of any screening to exclude fish.

II. The distance a pump will be placed from the ordinary high water mark of the waterbody/ watercourse.

III. How access to the waterbody/ watercourse will be achieved.

10 f. How will excess water be disposed of (e.g. drainage ditch to nearby watercourse, surface flow, etc.)?

SECTION E: Activities Related to Water Use


11. Are there any other surface or groundwater users that may be affected by your project? Yes No

If yes, please describe.

12. Does the project require work on, in, over, under or adjacent to a watercourse/ waterbody?

Yes No If yes, please describe the activity including:

I. Waterbody/watercourse affected.

II. Waterbody/watercourse width, depth, and ordinary high water mark.

III. Construction methods.

13. Please describe what decommissioning and reclamation activities will be undertaken upon completion of the project.

SECTION F: Decommissioning and Reclamation


Complete Part 7 if you are proposing an agriculture development.

1. Does the proposed project include the use of pesticides, herbicides and/or fertilizers?

Yes (If yes, please complete the table below.) No

Type of Product Application Rate Application Frequency

PART 7 – AGRICULTURE DEVELOPMENT

YESAB

Highlight

This Part applies to agriculture projects only. Providing this information allows the assessor to better identify the potential effects associated with the use of pesticides, herbicides and/or fertilizers.

YESAB

Highlight

Example: Fertilizer, NPKS 30-20-10-5

YESAB

Highlight

Example: 0.5 lbs/acre

YESAB

Highlight

Example: Once annually


Complete Part 8 if you are proposing a quarry.

1. What are the estimated resources at the proposed quarry? Please complete the table below.

Type Quantity (m3) Proposed Use

2. Describe how aggregates will be sorted, if applicable.

3. Have test pit or geotechnical investigations been undertaken to confirm the resource?

Yes No If yes, please provide details. If no, please indicate whether they are planned.

4 a. Will explosives be used? Yes No (if no, proceed to 5)

4 b. What type/ quantity will be used and where will they be stored?

Type:

Quantity:

Storage Location:

4 c. What is the timing and frequency of blasting? Timing:

Frequency:

PART 8 – QUARRIES


5 a. Is crushing required? Yes No (if no, proceed to 6)

5 b. Please indicate the timing and duration for crushing.

Timing:

Duration:

5 c. What volume of crushed material will be stored on site and how long?

Volume:

How Long:

6 a. Will groundwater be encountered during resource extraction?

Yes No (if no, proceed to 7)

6 b. How will surface runoff and/or accumulated water be managed?

7. Has any geochemical (mineralogical) testing of the rock been undertaken to determine whether any freshly exposed surfaces have the potential to result in adverse effects (e.g. acid rock drainage and/ or metal leaching)?

Yes No If yes, please provide supporting data.

8. Please describe how aggregates will be transported including how often transportation will occur.


Complete Part 9 based on your knowledge of the proposed project area. Please ensure information is complete and attach a separate sheet, if necessary. If an answer is provided in an attached form, indicate the document name and page number (e.g. Heritage Report, page 3).

This section should provide an overview of the environmental conditions in and around the project area.

1. Describe the physical characteristics of the project area (e.g. flat, sloping, hilly, soil type, cleared, vegetated, wetlands, existing infrastructure present on site such as culverts, fences, roads, buildings, etc.).

2. Please describe the vegetation in the project area.

3. Please describe any wildlife and wildlife habitat present within or around the project area.

PART 9 – ENVIRONMENTAL AND SOCIO-ECONOMIC CONDITIONS

SECTION A: Environmental Conditions

YESAB

Highlight

Examples:•The project location is hilly and covered with willows. The highway runs along the south side of the property. There are residential homes on either side and across the road from the proposed location. There are no waterbodies within the project area.•There is a narrow trail used by moose that runs adjacent to shoreline of the river located approximately 2 km from the southern parcel boundary.

YESAB

Highlight

Example:The river valley adjacent to my proposed parcel is known to be an important breeding area for golden eagles. I will contact Government of Yukon, Department of Environment for more information.


4. Are you aware of any Wildlife Key Areas or environmentally sensitive areas in or around the project area? (See the Proponent's Guide: Completing a Land Disposition Project Proposal for more information.)

Yes No If yes, please explain.

5. Provide a description of the quality and quantities of water present in each waterbody/ watercourse identified in Part 3, question 10 and identify any fish species that may be present.

6. Is permafrost present at the proposed project location?


7. Are there any known contaminants on the site?



The following section should describe how the proposed project location is currently used by others.

8. Identify and describe the closest communities to your proposed project, including population and services available.

9. Describe any existing development(s) in the immediate vicinity of your proposed project (e.g. cabins, camps, homes, lodges, etc).

10. Are there other land uses in or around the project location (e.g. hunting, trapping, recreational uses, plant or berry harvesting, cultural or ceremonial activities, etc)?

Yes No If yes, please describe how the location is used.

11. Are there any trails in the project area?

Yes No If yes, please describe the trails and how they are currently used.

SECTION B: Socio-economic Conditions


12. Have you met with the affected First Nation(s) to discuss your project proposal?

Yes No If yes, please provide details on the outcome of your meeting (use separate page if necessary).

13. What is the heritage resource potential for the proposed project area? (See Completing Part 9 of the Proponent’s Guide: Completing a Land Disposition Project Proposal.) Attach a heritage resource assessment if you are proposing to obtain title to the lands, a lease of the lands, or a grant of right-of-way or easement in respect of the lands.

14 a. Will the proposed project overlap any registered trapping concessions(s)? Yes No

If yes, concession #:

14 b. If yes, have you contacted the owner/operator of the trapping concession?

Yes No Please provide details and outcomes of any discussions.

15 a. Will the proposed project overlap a registered outfitting concession(s)? Yes No

If yes, concession #:

15 b. If yes, have you contacted the owner/operator of the outfitting concession?

Yes No Please provide details and outcomes of any discussions.


The following section provides lists of typical activities associated with land dispositions, including the types of activities that may need to take place in order for a land disposition to occur (or as a result of a land disposition).

In the tables below, indicate the activities that apply to the proposed project; for each activity checked “yes” provide a mitigation (i.e. demonstrate how you considered the potential effect of the activity).

In the event that you have described specific mitigation measures elsewhere in your proposal please refer to the location (e.g. document and page number). Use a separate sheet if necessary.

1. Potential Effect: loss or alteration of wildlife habitat The following activities may result in the loss or alteration of wildlife habitat (depending on the species). The loss or alteration of habitat may occur directly (e.g. removal of vegetation or nests) or through avoidance and fragmentation. Indicate whether the activities listed are included in the proposed project and provide a mitigation for the potential loss of alteration of habitat resulting from those activities.

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control habitat loss or alteration for animals such as birds, small furbearers, large mammals, etc.

Clearing of vegetation

Construction and use of linear features:

Trails

Roads

Utility right-of-way

Building construction

Installation of fencing

Noise from:

Use of heavy equipment

Blasting

Crushing

Drilling

Human presence

PART 10 – PROPONENT CONSIDERATIONS

SECTION A: Wildlife and Wildlife Habitat


2. Potential Effect: loss, direct injury and/or mortality of wildlife The following activities may injure wildlife and/or result in mortality; for instance, clearing and stripping of the vegetative mat may destroy nests with eggs or wildlife may ingest lethal doses of contaminants they become attracted to. Similarly, wildlife, such as bears, may be attracted to waste and fuel stored on site, resulting in potentially lethal human-wildlife conflicts. Indicate whether the activities listed are included in the proposed project and provide a mitigation for injury and/or mortality of wildlife resulting from those activities.

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control loss, injury or death for species such as birds, small furbearers, large mammals, etc.

Clearing of timber, brush and vegetative mat

Storage and use of petroleum products

Onsite storage of wastes:

Kitchen wastes

Other domestic garbage

Waste petroleum products

Onsite disposal of wastes:

Burning

Burying

Maintenance of livestock


Damage to, or removal of, a physical object that is considered to be a heritage resource would result in the loss or alteration of a heritage resource. In some cases, the introduction of an access route (road, trail, line or corridor) could increase access to an area that has a heritage value associated with a place of special historical or cultural meaning. Heritage resources are not limited to physical objects.

For questions 3 and 4 indicate whether the activities listed are included in the proposed project and provide a mitigation for the potential effect resulting from those activities.

3. Potential Effect: damage or loss of a heritage resource (tangible)

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control damage to or loss of physical heritage resources.

Clearing and stripping of timber, brush and vegetative mat

Blasting

Excavation

4. Potential Effect: alteration, interference or loss of a heritage resource (intangible)

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control the alteration or loss of a heritage resource that is recognized as contributing to the heritage or cultural values of an individual, group or society.

Clearing and stripping of timber, brush and vegetative mat in an area considered to have known heritage potential

Building access road and/or trails in an area known to have heritage potential

SECTION B: Heritage Resources


5. Potential Effect: loss of vegetation The following activities may remove completely or alter the type of vegetation in an area. The loss of vegetation may occur directly (e.g. removal of timber and brush) or through the removal of soil and water, which support growth of vegetation. Indicate whether the activities listed are included in the proposed project and provide a mitigation for the potential loss of vegetation resulting from those activities.

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control the potential loss of vegetation.


Development of:

Trails

Roads


Excavation of earth or gravels

Stockpiling of earth or gravels

Reclamation activities (levelling, contouring, re-vegetation)


SECTION C: Soil and Vegetation


6. Potential Effect: contamination The following activities may contaminate soil and other parts of the environment, likely through an accident or malfunction. Contamination may not only result in a loss of soil but also affects the ability to produce vegetation and may limit biodiversity. Indicate whether the activities listed are included in the proposed project and provide a mitigation for potential contamination resulting from those activities.

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control the risk of contamination.

Use of motorized equipment

Disposal of special or solid wastes

Transfer and use of petroleum products

Use of fertilizers, pesticides, herbicides


Other users such as First Nation citizens exercising traditional and cultural pursuits, trappers, outfitters, residents, hunters, and forest harvesters may all use proposed project area. These users could be adversely affected by, for example:

• having limited or no access to the proposed project area; • through loss of natural resources, and; • noise disturbances.

Additionally, with very limited exceptions, the construction of any dwelling will restrict hunting and trapping within a one kilometre radius around the dwelling(s).

Indicate whether the activities listed are included in the proposed project and provide a mitigation for the potential change in use of the area resulting from those activities.

7. Potential Effect: change in use of the area by others

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control others having to adapt their uses of an area.


Permanent alienation of land

Construction of access roads or trails

Noise from:


Blasting

Crushing

Alteration to existing roads or trails

Construction of a dwelling



SECTION D: Interests of Others


8. Potential Effect: reduction, loss or alteration of water

The following activities may alter the quantity or access to water. Reduction, loss or alteration of water has the greater potential to affect other values such as fish, vegetation, other users, etc. Indicate whether the activities listed are included in the proposed project and provide a mitigation for potential reduction, loss or alteration of water resulting from those activities.

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control the effect of water reduction, loss or alteration.

Withdrawal of water from a watercourse or waterbody

Watercourse training

Retaining the flow or quantity of water flowing

9. Potential Effect: introduction of deleterious substances

Project activities in and around watercourses/ waterbodies may result in the release of sediments or other deleterious substances into water. The introduction of sediment may occur directly (direct discharge) or indirectly (soil erosion caused by wind or water) and may also depend on the environmental conditions of the area. Other contaminants may be introduced inadvertently into water through accidents and malfunctions or through the use of chemicals during the project. Indicate whether the activity(s) listed are included in the proposed project and provide a mitigation for the potential introduction of deleterious substances resulting from those activities.

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control the risk the introduction of deleterious substances to a watercourse or waterbody.

Clearing and stripping of timber, brush or vegetative mat near a watercourse

Blasting near a watercourse

9. Potential Effect: introduction of deleterious substances (continues on page 29)

SECTION E: Aquatic Resources


9. Potential Effect: introduction of deleterious substances (continued from page 28)


Excavation of earth or gravels adjacent to a watercourse


Reclamation activities (leveling, contouring, placement of fines)

Construction and use of a water crossing

Installation of a culvert within a watercourse

Use of heavy equipment adjacent to a watercourse

Use of heavy equipment within a watercourse



Use of pesticides or herbicides

Deposit of waste into a watercourse

Use of motorized equipment through a watercourse (i.e. ford)


10. Potential Effect: compromised health, injury and/or mortality of operators and the public

Certain project activities may put workers or the public in a position of risk to their health or safety. Environmental conditions, location and use of the area by others are factors that should also be considered. Indicate whether the activity(s) listed are included in the proposed project and provide a mitigation for the potential compromised health, injury and/or mortality of operators and the public from those activities.

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control the potential for compromised health, injury or death of operators and the public.


Storage and use of hazardous materials

Use of explosives


Construction of access roads or trails onto/from a highway or frequently used public road

Operating in a remote location inaccessible or not easily accessible by emergency aid

SECTION F: Public Health and Safety


11. Please describe if you have proposed an activity not listed and may result in a potentially adverse effect. Specify the activity, the value to be affected, the potential effect and a possible mitigation.

Activity: Value:

Effect(s): Mitigation: Please describe measures you intend to apply to eliminate, reduce or control the potential effect(s).

Activity: Value:

Effect(s): Mitigation: Please describe measures you intend to apply to eliminate, reduce or control the potential effect(s).

SECTION G: Other


The information submitted in this Project Proposal Form: Land Dispositions is required for the purpose of conducting an evaluation under the Yukon Environmental and Socio-economic Assessment Act.

I acknowledge that, pursuant to sections 119 and 120 of the Act, this Project Proposal Form: Land Dispositions will be placed on a public register and be available to any member of the public to review.

I understand that misrepresenting or omitting information required for the evaluation may cause delays in the evaluation or render the recommendations invalid.

I certify that the information provided is true and correct to the best of my knowledge and belief.

Proponent’s Signature Date

PART 11 – ACKNOWLEDGEMENT AND CERTIFCATION

YESAB

Highlight

The submission of a project proposal begins an evaluation process under YESAA. Your signature verifies that you are aware that the information is being submitted to start an evaluation under YESAA and that the information submitted will be available to the public. Furthermore, your signature verifies that the information you have provided is true and correct to the best of your knowledge.

PROPONENT’S GUIDE:Completing a Land Disposition Project Proposal

www.yesab.ca


Introduction

Checklist

Part 1: Proponent Contact Information

Part 2: Requirement for an Evaluation Under YESAA

Part 3: Project Location Information

Part 4: Regulator and Authorization Information

Part 5: Project Purpose and Alternatives

Part 6: Project Description

Part 7: Agricultural Developments

Part 8: Quarries

Part 9: Environmental and Socio-economic Conditions

Part 10: Proponent Considerations

Part 11: Acknowledgment and Certification

Glossary

Appendix A: YESAB Heritage Information Requirements for Land Application Proposals

Appendix B: Designated Office Evaluation Flow Chart

Appendix C: Assessment District Boundaries Under YESAA

Appendix D: Traditional Territories of Yukon First Nations and Settlement Areas of Inuvialuit and Tetlit Gwich’in

Appendix E: First Nation, Regulator, and YESAB Contact Information

Appendix F: Regulator Information

2

2

2

2

3

4

5

5

7

7

7

8

13

14

15

16

17

18

19

21

TABLE OF CONTENTS

September 2012

2


This Guide is intended to accompany the Project Proposal Form: Land Dispositions (Form) which is designed to collect the information the Yukon Environmental and Socio-economic Assessment Board (YESAB) requires to conduct an environmental and socio-economic assessment. The Project Proposal Form: Land Dispositions applies to proposed agriculture developments, rural residential land applications, quarries and land use permits.

This Guide describes why YESAB requests the information in the Form, how it will be used, and includes examples of how to complete the Form. Section numbering and titles in the Guide correspond to the sections of the same number and title in the Form. The Guide includes appendices with

Part 1: Proponent Contact InformationThe information collected in Part 1: Proponent Contact Information is used to identify: • theproponent, • thecontactpersonoragent, and • themannerinwhichthecontactpersonmaybereached.

Completing Part 1: Proponent Contact Information• Proponent (Name or Company Name): If you are proposing to conduct the activities as an

individual write your name here. If a company is proposing to conduct the activities write

the company’s name here.

• Project Title: Provide a title for the project. Titles should be descriptive

of the proposed activity and location features, such as a watershed or mountain.

Part 2: Requirement for an Evaluation Under YESAAPart 2 is intended to help proponents identify the activity(s) in the proposed project which trigger an assessment under Schedule 1 of the Assessable Activities, Exceptions and Executive Committee Projects Regulations. The activities which commonly trigger an assessment for land disposition projects are listed in Part 2 of the Form. Proponents should be aware that this list is not exhaustive; there may be other activities in the proposed project that trigger an assessment.

a summary of the heritage information requirements for landapplicationproposals,aflowchartoftheDesignatedOfficeevaluationprocess,assessmentdistrictboundariesunder the Yukon Environmental and Socio-economic Assessment Act (YESAA), a map of Yukon First Nation traditional territories and settlement areas of Inuvialuit and Tetlit Gwich’in, useful contact information and information on the various federal, territorial, and First Nation regulator processes. Words in dark orange bold indicate that a definitionhasbeenincludedintheglossary.

If you require further assistance completing the Form please contactaYESABDesignatedOffice;contactinformationisprovided in Appendix E.

Example: Bear Creek Rural Residential Land Development

• Proponent Mailing Address: Provide your mailing address if you are the proponent

or the company’s mailing address if a company is the proponent.

• Contact Person (for the assessment): Provide the name of the person YESAB can contact about

the proposed project. Using the check boxes, indicate whether the contact person is an agent, such as a consultant, or the proponent.

• Phone Number/Preferred Method of Contact for Assessment:

Provide the contact person’s phone numbers and their preferred method of contact. YESAB will use the method of contact indicated to send notices and other documents relating to the proposed project.

ChecklistThe checklist on page one of the Form indicates which sections of the Form must be completed for each project type and any additional information that must be provided at the time of submission. Complete the checklist prior to submittingyourproposaltoaDesignatedOfficetoensurethat your proposal is complete.

Introduction

3


If you are unsure which activities trigger an assessment contact the Government of Yukon, Department of Energy, Mines and Resources – Land Management or Agriculture Branch, or the applicable First Nation. For a complete copy of Schedule 1 of the Assessable Activities, Exceptions and Executive Committee Projects Regulations visit www.laws-lois.justice.gc.ca/eng/regulations/SOR-2005-379/index.html or contact a Designated Office.

Completing Part 2: Requirement for an Evaluation Under YESAAIndicate by checking yes or no whether the activity listed in the table is applicable to your project proposal. If you believe that other activities may be applicable, please list them under “Other”.

Part 3: Project Location InformationPart 3 identifies the location of the proposed project to YESAB. With this information, YESAB can determine who may be affected by the project, who must be notified of the project, and any land use plans to be considered during the assessment. Visit the YESAB Geolocator at http://geolocator.yesab.ca/ or the YESAB website at www.yesab.ca for further assistance.

Completing Part 3: Project Location Information1. Indicate the coordinates for the proposed project

and attach a map of the corresponding location to the project proposal form.

Assessors use the project coordinates to confirm the proposed project location. Coordinates can be provided in either Universal Transverse Mercator (UTM) or latitude and longitude formats. Attaching a map of the proposed project location provides assessors, regulators and interested parties with additional location details.• Datum:Provide the map datum, if available.• UTMZone:If you have provided project coordinates

in UTM format please include the UTM zone. • NTSMapSheetNumber(s):Provide the NTS map

sheet number which includes the project location. This information can be found using the YESAB Geolocator.

Example: Map Sheet# 115P

• CommonorTraditionalLocationName:Provide the name commonly or traditionally used to refer to the project location or the surrounding area. Often times the common or traditional name will refer to a significant feature in the immediate area.

• LegalDescription (if surveyed): If the project location is surveyed, provide the legal description of the property. Example: Lot 2110, Quad 105E/3, Plan 70355, CLSR, 88210 LTO

2. TheproposedprojectwillbelocatedinthefollowingYESABAssessmentDistrict(s):

Identifying the YESAB Assessment District establishes which Designated Office will be responsible for conducting the assessment. In the event that a project overlaps the boundary between two or more districts, YESAB will follow the process set out in the Rules for Evaluations Conducted by Designated Offices to determine which Designated Offices will conduct the evaluation. A map of the YESAB Assessment Districts is provided in Appendix C to help determine the district in which the proposed project is located.

3. Theproposedprojectwillbe located,ormighthavesignificantenvironmentalorsocio-economiceffects in the followingFirstNation traditionalterritory(s):

Identifying the First Nation traditional territory(s) in which the project is located or might have significanteffects will indicate to the assessor which First Nation(s) must be notified of the proposed project. The Yukon Environmental and Socio-economic Assessment Act also requires the assessor to seekviewsandinformation from any First Nation in whose traditional territory the project would be located or might have significant environmental or socio-economic effects. A map of Yukon First Nation traditional territories and settlement areas of Inuvialuit and Tetlit Gwich’in is provided in Appendix D.

4. IstheproposedprojectlocatedwithintheYukonNorthSlope(InuvialuitSettlementRegion)?

Projects that may occur within the Yukon North Slope must consider the need to protect the rights of the Inuvialuit provided under the Inuvialuit Final Agreement. A map of Yukon First Nation traditional territories and settlement areas of Inuvialuit and Tetlit Gwich’in is provided in Appendix D.

5. The proposed project will be located on non-settlementlandorYukonFirstNationsettlementland.(Checkallthatapply).Forprojectsoccurring

http://geolocator.yesab.ca/

4


on settlement land indicate whether the land is Category A and/or B settlement land.

Settlement land refers to First Nation settlement land under a Final Agreement. Identifying whether a project will be located on settlement land indicates to the assessor that the respective First Nation may be a Decision Body. Visit http://geolocator.yesab.ca/ to locate settlement land parcels.

6. Will the proposed project be located within the boundaries of a Yukon community?

Indicate whether the proposed project is within the boundaries of a Yukon community. Assessors use this information to determine the potential of others using the project area and the potential project effects to a community.

7. Identify the nearest community(s) to the proposed project location.

Identify the nearest community(s) to the proposed project. Assessors use this information to assist in identifying other potential users of the project area and the potential project effects to a community.

8. Is there a regional land use plan in effect at the location of your proposed project?

This question refers to a completed regional land use plan. If there is a regional land use plan in effect at the location of the proposed project, the assessor must consider the plan and whether the project conforms to the plan. If you are uncertain whether there is a regional land use plan in effect at the location of your proposed project, contact the Yukon Land Use Planning Council (www.planyukon.ca).

9. Please identify any Area Development Regulations, Local Area Plans, and/or Resource Management Plans in effect at the location of the proposed project.

Identifying whether there are Area Development Regulations, Local Area Plans or Resource Management Plans in effect provides additional information on whether your proposed project is consistent with the zoning for that particular area. Visit www.emr.gov.yk.ca/lands/local_area_plans.html for information on Local Area Plans.

10 a. List the nearest waterbodies/watercourses to the project area and their distance in metres from the proposed project location.

It is important when conducting an evaluation to understand the type of waterbodies and watercourses near the project area and their distance to the project. This information is used

to determine the project’s potential effects to the waterbodies and watercoursesaswellasfishandwildlife species in the area.

10 b. Indicate if the distances provided above are map-based or if they have been measured on the ground.

Please indicate whether distances from waterbodies were measured by yourself, someone else, or from a map. Providing the correct distances will allow for a more accurate assessment of the project and will ensure that the all the appropriate regulators are notified.

10 c. Indicate whether the proposed project is located near Special Management or Conservation Waters.

Please indicate whether your project is located inproximitytoalakeorriveridentifiedasSpecialManagement Waters or Conservation Waters by either the current Yukon Fishing Regulations Summary and/or Government of Yukon’s Rural Residential Land Application Policy. These waters havebeenidentifiedtohavepublicvalue including environmental, recreational and aesthetic values. Consult the current Yukon Fishing Regulations Summary for the list of Special Management Waters and Conservation Waters and/or contact Government of Yukon, Department of Environment.

Part 4: Regulator and Authorization Information Determining which authorizations are required to undertake the project and contacting the relevant regulators will enable proponents to identify assessment and permitting process information at the onset of the project. When contacting regulators, be sure to provide a list of all activities proposed. If an activity is not included in the proposal another assessment may be required before it can be undertaken.

Regulatory application forms ask proponents to provide details on the proposed project. The information provided in the application forms provides the majority of information required by the Designated Office to understand the proposed project. Providing copies of the application formstotheDesignatedOfficecanreducetheneedforinformation requests during an assessment, thereby shortening the assessment period.

5


Completing Part 4: Regulator and Authorization InformationIt is recommended that proponents provide copies of every authorization application applicable to the proposed project (i.e. a copy of the application for every box checked “Yes” under the “Required” column). Proponents are encouraged to contact the regulators responsible for issuing the authorizations to determine if an authorization is required for the proposed activities. Attaching these documents to theprojectproposalwillensurethattheDesignatedOfficehas the information required to begin the assessment, will reduce the number of information requests issued to proponents, and reduce the duplication of information between regulatory applications and the YESAB Project Proposal Form: Land Dispositions.

Proponents who submit their project proposal without attaching the relevant applications will likely receive an information request asking for either copies of the documents or answers to a list of questions based on those documents. An information request will delay the assessment until the requested information is provided to theDesignatedOffice.RefertoAppendix F for information on certain regulatory processes.

Part 5: Project Purpose and AlternativesIdentifying the project purpose and any alternatives is a requirement for proponents under YESAA. Part 5 offers proponents the opportunity to describe the project purpose and other ways of carrying it out (i.e. alternatives).

Completing Part 5: Project Purpose and AlternativesSection A: Project PurposeExample (Agricultural): The purpose of the project is to grow hay to supply our existing farm. There is currently no local supply hay for the community.Example (Rural Residential): The purpose of the project is to build a primary residence for myself at the proposed location.

Section B: Project AlternativesThis section offers proponents the opportunity to describe alternatives to the project and alternative ways of undertaking the project. When preparing a land disposition application proponents may walk the land and determine

the best possible access route(s), where to place buildings and why, etc. Proponents are asked to describe why certain options were preferred or rejected and to identify the factors that were considered.

Describing alternative ways of meeting the need for the project helps provide a rationale for the proposed project; however, this may not apply in all cases. For example, the only alternative to building a retirement home is to not build one. However, an alternative to a forage development proposal could be to import forage from elsewhere.

Describing alternative locations that were considered helps assessors understand why the proposed location was selected and why other locations were excluded from further consideration. Example: Flat Creek and Rock Creek were both considered as possible project locations. Rock Creek was decided upon as the optimal location due to its proximity to Dawson City and access to services. We have two school-aged children who are actively involved in team sports and after school programs. Living closer to town will permit our children to continue this lifestyle and enhance their social skills.

Identifying alternative means that were considered for carrying out the project allows assessors to understand the planning and rationale for selecting the proposed means and why other means were excluded from further consideration. Example: We considered access on the northwestern side of the proposed development versus access on the southeastern side. It was decided that access on the northwestern side of the property would be optimal since it provides direct access to the highway. Accessing the property from the southeastern side would require regular use and maintenance of an old mining road.

Part 6: Project Description Part 6 is crucial for understanding the details of the proposed project. Ensure information is complete and attach maps or photos when available. If an answer is provided in an attached form please indicate the document name and page number (e.g. Please see page 3 of the attached Heritage Report). For further assistance in completing this section contacttheDesignatedOffice.

Completing Part 6: Project DescriptionSection A: Timing of ActivitiesThis section allows proponents to identify the various components or stages of a project, as well as the timing for

Directive No. 4 Project Proposal Form: Land Dispositions – Page 11 of 32 September 2012

7. In the table below, please describe the proposed earth moving and land clearing activities (e.g. grading, leveling). Check those clearing activities that are not applicable.

Reason for Earth Moving/Clearing

Details (activity description including timing of activity, area cleared/levelled, equipment used)

N/A

Dwellings and other buildings

Access

Septic System

Power line

Crop or forage development, or livestock

Other

8. How will cleared materials be disposed of?

Clearing and levelling an area approximately 40 m2 to build my house. Clearing will be done by hand and a grader will be used for levelling. This will occur throughout September.

I will clear and level an area 10 m long by 4 m wide for my driveway using the same equipment as described above. This will be completed over two weeks in August.

6


each activity. This will help assessors in determining which activities should be included in the assessment (i.e. the scope of the project). Identifying the timing for each activity will help assessors determine what potential effects might occur, and for how long. Note: A description of maintenance and decommissioning activities will not apply to a project where the proponent is seeking title to a parcel of land. Example: I plan to start construction of my residence the first spring after approval of my application. It will take me two years to complete construction. In year one, I will clear trees and shrubs (over two weeks in April) for building an access road to the property and where I plan to build my house. I will also level the ground at these locations (May) and begin construction of my house (May-October). In summer and fall of year two (May-October), I will complete construction of the house, install a septic field, connect to power and telephone, and move in.

Section B: Activities on or Adjacent to Settlement LandIf project activities will occur on a First Nation’s settlement land, it is very likely the First Nation is a Decision Body for your project and you will need an authorization or permission from the First Nation prior to undertaking the activities.

Activities occurring on or adjacent to settlement land may negatively impact that settlement land and possibly other First Nation rights or interests. For example, a fuel spill occurring on or adjacent to settlement land can result in soil contamination and harm vegetation. This, in turn, could negatively affect the ability of the First Nation to harvest plants in the area of the spill.

When discussing the proposed project with affected First Nations, you may want to inquire about what the current and planned future uses of the settlement land parcel are, and consider how your project may affect those uses.

Section C: Proposed DevelopmentsQuestions 3 to 8 request additional information regarding project details that further assists assessors in identifying

the scope of your project and the potential impact the proposed activities will have, including any impacts that may occur off the main project site. Note: Clearing of vegetation on non-settlement land may require a permit under the Forest Resources Act. Contact Government of Yukon, Forest Management Branch, for more information.

Section D: Equipment and Fuel UseQuestion 9 requests that proponents identify the types of equipment that will be used to undertake project activities and whether fuel will be used and stored on site throughout the project lifecycle. This information enables the assessor to understand the potential effects associated with these activities, namely: noise associated with the use of heavy equipment; the risk of contamination of ground and water from fuel use/storage, and potential effects to health and safety from heavy equipment use and contamination.

Section E: Activities Related to Water UseQuestions 10 to 12 relate to the proximity of the proposed activities to a waterbody or watercourse. This information is required to ensure that those authorities responsible for regulating activities in or near waterbodiesarenotifiedofthe proposed project.

This information helps the assessor and interested persons understand the physical properties and ecology of the waterbody or watercourse. It also assists the assessor in identifying potential effects and can be helpful to persons interested in the assessment in providing informed and meaningful comments.

Section F: Decommissioning and ReclamationQuestion 13 asks proponents to describe how the proposed project will be decommissioned or reclaimed upon completion. The information provided will enable the assessor to determine the duration of project activities. This question may not be applicable to all projects, such as rural residential or agriculture development proposals.

Example: Proposed Developments (question 7)


Complete Part 7 if you are proposing an agriculture development.

1. Does the proposed project include the use of pesticides, herbicides and/or fertilizers?

Yes (If yes, please complete the table below.) No

Type of Product Application Rate Application Frequency

PART 7 – AGRICULTURE DEVELOPMENT

Fertilizer, NPKS 30-20-10-5 0.5 lbs/acre Once annually

7


Part 7: Agricultural DevelopmentsPart 7 applies to agriculture projects only. Providing this information allows the assessor to better identify the

Part 8: QuarriesPart 8 applies to quarry projects only. Providing the information requested in this section will allow assessors to better understand how aggregates will be extracted, stored and transported, as well as identifying the potential effects associated with these activities.

If a quarry project involves the use of explosives, you may require a permit from the Government of Yukon and/or from Natural Resources Canada. Contact these regulators for more information (see Appendix E).

Question 7 requests information relating to the potential of excavated areas or stockpiled materials to generate acid rock drainage (ARD) and/or to leach metals (ML) when that material comes in contact with water (surface water and/or groundwater). Contaminated seepage from excavated areas or stockpiled materials can pollute soils, surface and groundwater resources, and can harm vegetation. Geochemical testing of the rock at the site will assist in identifying its ARD/ML potential and will allow for the identificationofpotentialeffects and appropriate mitigation measures.

Part 9: Environmental and Socio-economic Conditions

Complete Part 9 based on your knowledge of the proposed project area. Please ensure information is complete and attach a separate sheet, if necessary.

Completing Part 9: Environmental and Socio-economic ConditionsSection A: Environmental Conditions These questions provide assessors with the information to better understand how your project may affect the environment within and around the project area. In order to doso,aphysicaldescriptionofthesiteandtheidentificationof any wildlife or important environmental features are required. This description should come from your own experience at the site or from information that you have collected through discussions with others who may know the site well. Local and traditional knowledge about an area forms an important component of the assessment process. Sample responses have been included below.Examples: • The project location is hilly and covered with willows. The

highway runs along the south side of the property. There are residential homes on either side and across the road from the proposed location. There are no waterbodies within the project area.

• There is a narrow trail used by moose that runs adjacent to shoreline of the river located approximately 2 km from the southern parcel boundary.

• The river valley adjacent to my proposed parcel is known to be an important breeding area for golden eagles. I will contact Government of Yukon, Department of Environment for more information.

When preparing a project proposal proponents should consider potential effects to wildlife and wildlife habitat. Government of Yukon has established Wildlife Key Areas which identify locations used by wildlife for important, seasonal life functions (www.env.gov.yk.ca/wildlifebiodiversity/wildlife_key_areas.php). Proponents should indicate whether the proposed project

Example: information regarding the use of pesticides, herbicides and/or fertilizers.

potential effects associated with the use of pesticides, herbicides and/or fertilizers.

8


Part 10: Proponent ConsiderationsUnder YESAA s. 50(2)(a), when preparing a proposal the proponent is required to take into consideration:• allstagesoftheprojectorexistingproject;• thesignificanceofanyenvironmentalorsocio-economic

effectsoftheproject,includingeffectsofmalfunctionsoraccidents;

• alternatives to the project, oralternativeways ofundertakingoroperatingit,thatwouldavoidorminimizeany significant adverse environmental or socio-economiceffects;and

• mitigative measuresandmeasurestocompensateforanysignificant adverseenvironmentalorsocio-economiceffects.

Part10oftheFormisdesignedtohelptheproponentmeettherequirementsofs.50(2)(a)byidentifyingtheeffects commontomanyland disposition projects.

There are sixvalues listed that aremost commonlyconsidered in relation to land disposition projects.These valuesarelistedassubheadings(A-F)inPart10:ProponentConsiderationsof theForm.Thequestionaskswhethertheproposedprojectwillhaveaneffect on the values identified.Identifyingpotentialeffectsoftheproposedprojectactivitiesprovidestheproponent with an opportunitytoconsiderthesignificanceoftheeffect. Note thatthislistofpotentiallyaffectedvaluesisnotexhaustive;somevaluesmaynotbeidentifiedintheForm.Pleaseadd

overlapswithaWildlifeKeyAreabycontactingGovernmentof Yukon, Department of Environment. If there is anoverlap,proponentsshoulddiscusswildlifematterswithGovernmentofYukon,DepartmentofEnvironmentandprovidedetailsofanyconversationsintheprojectproposal.

Section B: Socio-economic ConditionsSection B is asking proponents to describe how theproposedprojectlocationiscurrentlyusedbyothers.Thisinformationallowsassessorstobetterunderstandhowyourprojectmayaffectotherpeopleandservicesinthearea.

Contacting Government of Yukon, Heritage BranchTo determinetheheritageresourcepotentialoftheareacontactGovernmentofYukon,DepartmentofTourismand Culture – Heritage Branch; see Appendix E forcontactinformation.RefertoAppendixA YESAB Heritage InformationRequirementsforLandApplicationProposaltoensurethatyouhaveprovidedthenecessaryinformationwith respect to heritage resourcesinyourYESABProject Proposal Form: Land Dispositions.

Contacting Yukon First NationsContacting affected First Nations helps you and theassessoridentifythepotentialforheritageresourcesintheproposedprojectarea,traditionalusesoftheprojectareaandanyconcernsassociatedwiththeproposedproject.Information collected in a conversationwith the FirstNation(s)affectedbytheproposedprojectwillbeusefulduringtheassessmentandwillassistyouincompletingPart 10 ProponentConsiderations.RefertoAppendixEforFirstNationcontactinformation.Proponentsshouldalsoconsiderthelocationofsettlementlandparcelsinrelationtotheproposedprojectlocation.ForprojectslocatedonaFirstNation’ssettlementland,theFirstNationwillhavearegulatoryroleinrelationtotheproject.Questions to consider when contacting affected (orpotentiallyaffected)FirstNations:• Are thereanyknownheritageresourcesator in the

vicinityoftheproposedprojectlocation?• Whatarethetraditionalandcurrentusesoftheproposed

projectlocation?• What,ifany,aretheFirstNation’sconcernsregarding

theproposedproject?

InformationrelatingtosettlementlandscanbeobtainedfromtheYESABGeolocator(http://geolocator.yesab.ca/)andfromtheFirstNation(s)whosetraditionalterritory(s)theprojectfallswithin.

Contacting Registered Trapping and Outfitting Concession Holders and Wilderness Tourism OperatorsIdentifyingandcontactingregisteredtrappingandoutfittingconcessionholders,andwilderness tourismoperators

helps identify potential concerns associatedwith theproposedproject.Informationcollectedinconversationswithtrappers,outfittersandwildernesstourismoperatorswillbeusefulduringtheassessmentandwillassistyouincompletingPart10ProponentConsiderations.Whenprovidingdetailsofcontactpleaserespecttheprivacyoftheindividualscontacted.DonotprovidenamesorpersonalcontactdetailsintheForm.ForinformationoncontactingtrapperscontactGovernmentofYukon,DepartmentofEnvironment.ForinformationoncontactingoutfitterscontactGovernmentofYukon,DepartmentofEnvironmentorvisitwww.yukonoutfitters.net.For informationoncontactingwildernesstourismoperatorscontactGovernmentofYukon,DepartmentofTourismandCulture,TourismBranch.Questionstoconsiderwhencontactingtrappers,outfittersandwildernesstourismoperators:• What,ifany,aretheconcernswiththeproposedproject?• How have the above-mentioned concerns been

addressed/mitigated?


The following section provides lists of typical activities associated with land dispositions, including the types of activities that may need to take place in order for a land disposition to occur (or as a result of a land disposition).

In the tables below, indicate the activities that apply to the proposed project; for each activity checked “yes” provide a mitigation (i.e. demonstrate how you considered the potential effect of the activity).

In the event that you have described specific mitigation measures elsewhere in your proposal please refer to the location (e.g. document and page number). Use a separate sheet if necessary.

1. Potential Effect: loss or alteration of wildlife habitat The following activities may result in the loss or alteration of wildlife habitat (depending on the species). The loss or alteration of habitat may occur directly (e.g. removal of vegetation or nests) or through avoidance and fragmentation. Indicate whether the activities listed are included in the proposed project and provide a mitigation for the potential loss of alteration of habitat resulting from those activities.

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control habitat loss or alteration for animals such as birds, small furbearers, large mammals, etc.

Clearing of vegetation

Construction and use of linear features:

Trails

Roads


Building construction


Noise from:


Blasting

Crushing

Drilling

Human presence

PART 10 – PROPONENT CONSIDERATIONS

SECTION A: Wildlife and Wildlife Habitat

Clearing will be kept to a minimum

We will be constructing a driveway and will select the shortest route possible to reduce linear disturbances

Heavy equipment use will be limited to two weeks each summer during the construction.

9


While the previous section required you to describe your proposed project, Part 10 asks you to consider any or all potential effects of your proposed project. Check all applicable activities proposed and describe measures (if any) you intend to apply to avoid or reduce adverse effects. Please note that the lists provided are not exhaustive; there may be additional project effects that are not listed depending on the details of the proposed project. Project activities and effects tend to be interchangeable with other values. Part 10 has been designed to enable proponents to consider potential effects on these values independently.

If you have demonstrated consideration of potential effects and mitigative measures in another document please identify the document name and page number.

The following are examples that will help illustrate how to complete Part 10.

Section A: Wildlife and Wildlife Habitat

any values that may be affected by your project that are not included in Part 10 in the blank space provided.

Identifying potential effects of the proposed project activities provides the proponent with an opportunity to consider the significance of the effect.

The Form asks you to demonstrate how you plan to eliminate, reduce or control those effects. This can be accomplished in a number of ways but is usually by project design, mitigation or an alternative way of operating.

Completing Part 10: Proponent ConsiderationsResponses to Part 10 should consider all proposed activities, the potential impacts (effects) of those activities and how those impacts will be mitigated.

Potential Effects

MitigationProposed

Project Activity


2. Potential Effect: loss, direct injury and/or mortality of wildlife The following activities may injure wildlife and/or result in mortality; for instance, clearing and stripping of the vegetative mat may destroy nests with eggs or wildlife may ingest lethal doses of contaminants they become attracted to. Similarly, wildlife, such as bears, may be attracted to waste and fuel stored on site, resulting in potentially lethal human-wildlife conflicts. Indicate whether the activities listed are included in the proposed project and provide a mitigation for injury and/or mortality of wildlife resulting from those activities.

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control loss, injury or death for species such as birds, small furbearers, large mammals, etc.



Onsite storage of wastes:

Kitchen wastes

Other domestic garbage

Waste petroleum products

Onsite disposal of wastes:

Burning

Burying

Maintenance of livestock

Trees and brush will be cleared during the winter months when birds are not nesting.

Kitchen waste will be stored in bear proof containers and locked in a shed. Waste will be removed on a weekly basis to an approved disposal facility.


Damage to, or removal of, a physical object that is considered to be a heritage resource would result in the loss or alteration of a heritage resource. In some cases, the introduction of an access route (road, trail, line or corridor) could increase access to an area that has a heritage value associated with a place of special historical or cultural meaning. Heritage resources are not limited to physical objects.

For questions 3 and 4 indicate whether the activities listed are included in the proposed project and provide a mitigation for the potential effect resulting from those activities.

3. Potential Effect: damage or loss of a heritage resource (tangible)

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control damage to or loss of physical heritage resources.


Blasting

Excavation

4. Potential Effect: alteration, interference or loss of a heritage resource (intangible)

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control the alteration or loss of a heritage resource that is recognized as contributing to the heritage or cultural values of an individual, group or society.

Clearing and stripping of timber, brush and vegetative mat in an area considered to have known heritage potential

Building access road and/or trails in an area known to have heritage potential

SECTION B: Heritage Resources

If heritage resources are discovered, we will stop work and immediately contact the Government of Yukon and the First Nation for advice.

10


Section B: Heritage Resources

Damage to, or removal of, a physical object that is considered to be a heritage resource would result in the loss or alteration of a heritage resource. In some cases, the introduction of an access route (road, trail, line or corridor)

could increase access to an area that has a heritage value associated with a place of special historical or cultural meaning. Heritage resources are not limited to physical objects.


5. Potential Effect: loss of vegetation The following activities may remove completely or alter the type of vegetation in an area. The loss of vegetation may occur directly (e.g. removal of timber and brush) or through the removal of soil and water, which support growth of vegetation. Indicate whether the activities listed are included in the proposed project and provide a mitigation for the potential loss of vegetation resulting from those activities.

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control the potential loss of vegetation.


Development of:

Trails

Roads


Excavation of earth or gravels




SECTION C: Soil and Vegetation

Clearing will be minimized The vegetative mat will be stockpiled and spread along the route upon reclamation to promote natural re-vegetation.

Heavy equipment use will be limited to cleared areas and the road right of way only.


6. Potential Effect: contamination The following activities may contaminate soil and other parts of the environment, likely through an accident or malfunction. Contamination may not only result in a loss of soil but also affects the ability to produce vegetation and may limit biodiversity. Indicate whether the activities listed are included in the proposed project and provide a mitigation for potential contamination resulting from those activities.

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control the risk of contamination.

Use of motorized equipment


Transfer and use of petroleum products

Use of fertilizers, pesticides, herbicides

A spill response plan has been developed (see attached document). A spill kit will be available on site at all times.

Same as above.

11


Section C: Soil and Vegetation


Other users such as First Nation citizens exercising traditional and cultural pursuits, trappers, outfitters, residents, hunters, and forestry harvesters may all use proposed project area. These users could be adversely affected by, for example:

• having limited or no access to the proposed project area; • through loss of natural resources, and; • noise disturbances.

Additionally, with very limited exceptions, the construction of any dwelling will restrict hunting and trapping within a 1km radius around the dwelling(s).


7. Potential Effect: change in use of the area by others

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control others having to adapt their uses of an area.


Permanent alienation of land

Construction of access roads or trails

Noise from:


Blasting

Crushing


Construction of a dwelling



SECTION D: Interests of Others

No mitigation. However the parcel selected is not frequently used by others.


8. Potential Effect: reduction, loss or alteration of water

The following activities may alter the quantity or access to water. Reduction, loss or alteration of water has the greater potential to affect other values such as fish, vegetation, other users, etc. Indicate whether the activities listed are included in the proposed project and provide a mitigation for potential reduction, loss or alteration of water resulting from those activities.

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control the effect of water reduction, loss or alteration.

Withdrawal of water from a watercourse or waterbody

Watercourse training

Retaining the flow or quantity of water flowing

9. Potential Effect: introduction of deleterious substances

Project activities in and around watercourses/ waterbodies may result in the release of sediments or other deleterious substances into water. The introduction of sediment may occur directly (direct discharge) or indirectly (soil erosion caused by wind or water) and may also depend on the environmental conditions of the area. Other contaminants may be introduced inadvertently into water through accidents and malfunctions or through the use of chemicals during the project. Indicate whether the activity(s) listed are included in the proposed project and provide a mitigation for the potential introduction of deleterious substances resulting from those activities.


Clearing and stripping of timber, brush or vegetative mat near a watercourse

Blasting near a watercourse

9. Potential Effect: introduction of deleterious substances (continues on page 29)

SECTION E: Aquatic Resources

Water use will be minimal. Pump will be appropriately screened to avoid harming fish.

12


Section D: Interests of Others

Other users such as First Nation citizens exercising traditional and cultural pursuits, trappers, outfitters, residents, hunters, and forest harvesters may all use proposed project area. These users could be adversely affected by, for example: • havinglimitedornoaccesstotheproposedprojectarea;• throughlossofnaturalresources,and;• noisedisturbances.

Additionally, with very limited exceptions, the construction of any dwelling will restrict hunting and trapping within a one kilometre radius around the dwelling(s).


Section E: Aquatic Resources


10. Potential Effect: compromised health, injury and/or mortality of operators and the public

Certain project activities may put workers or the public in a position of risk to their health or safety. Environmental conditions, location and use of the area by others are factors that should also be considered. Indicate whether the activity(s) listed are included in the proposed project and provide a mitigation for the potential compromised health, injury and/or mortality of operators and the public from those activities.

Activity Yes No Mitigation: Please describe measures you intend to apply to eliminate, reduce or control the potential for compromised health, injury or death of operators and the public.


Storage and use of hazardous materials

Use of explosives


Construction of access roads or trails onto/from a highway or frequently used public road

Operating in a remote location inaccessible or not easily accessible by emergency aid

SECTION F: Public Health and Safety

Operators will be trained in the proper use and storage of explosives. Nearby residents will be notified in advance of blasting activities.

13


Part 11: AcknowledgmentandCertificationThe submission of a project proposal begins an evaluation process under the Yukon Environmental and Socio-economic Assessment Act(YESAA).Yoursignatureverifiesthat you are aware that the information is being submitted to

start an evaluation under YESAA and that the information submitted will be available to the public. Furthermore, your signatureverifiesthattheinformationyouhaveprovidedistrue and correct to the best of your knowledge.

Section F: Public Health and Safety

14


Glossaryadequacy review: This is the first stage in the Designated Office Evaluation Process. This stage begins on the day a project proposal is submitted to a Designated Office and ends eight (business) days after the proposal is submitted, or up to 29 (consecutive) days after the proposal is submitted if the adequacy review stage is extended. The Designated Office reviews all proposal information provided during adequacy review and determines if the information is adequate to commence an assessment. If the information is not adequate an information request is issued.

adversely (adverse): Creating unfavourable, undesirable, or harmful effects.

agent: The person or company representing the proponent for the purposes of the assessment.

alternative: The various technically and economically feasible ways, other than the proposed way, for a project to be undertaken or carried out. Examples include other project locations, different routes and methods of development, and alternative methods for undertaking or mitigating the project. For example; there may be more than one alternative method to access a project area such as winter ground access, all season ground access or air supported access. Each has its merits and drawbacks but all should be given consideration and that consideration should be described or shown. There may be six alternatives but through the elimination process two are identified, those could be the alternatives proposed. However, we still want to see the rationale used for the elimination process.

authorization: A licence, permit or other form of approval that is used or given by:

a. the Governor in Council, a government agency, an independent regulatory agency or a municipal government, or

b. a first nation under its final agreement or a first nation law (YESAA s. 2(1)).

copies: This is highlighted to stress that the Designated Office does not accept the original regulator application forms, those go to the applicable regulator.

effect: There are two types of effects to be considered during an environmental and socio-economic assessment, direct and indirect. A direct effect is the result of an action or activity which occurs at the same time and place as the action or activity. An indirect effect is the result of an action or activity which occurs after the action or activity and in a different place.

information request: An information request is a document issued by a Designated Office to the proponent either during the adequacy review or after the review information stage. An information request consists of a set of questions for the proponent; answers will provide the Designated Office with supplementary information required to assess the proposed

project. Proponents normally have up to 180 days to respond to an information request that is issued during the adequacy stage and up to 28 days if the information request was issued during the reviewing information stage.

land disposition: In relation to Commissioner’s Lands or ‘lands administered by the Government of Yukon’, a project is considered to require a disposition of land when the proponent has or will be applying under the Lands Act or Territorial Lands (Yukon) Act to obtain:

a. title to the lands;b. a lease of the lands; orc. a grant of right-of-way or easement in respect of the

lands.In relation to settlement lands, a project is considered to require a disposition of land when the proponent has or will be applying to the First Nation to obtain:

a. an interest in the lands similar or equivalent to title;b. a lease of the lands; orc. a grant of right-of-way or easement in respect of the

lands (YESAB Operational Policy No: 2011-01).mitigative measures (mitigation): Measures for the elimination, reduction or control of adverse environmental and socio-economic effects (YESAA s. 2(1)).

proponent: Generally the person or body that proposes to undertake the project.

seeking views and information: The terminology in YESAA for the public comment period stage of a project undergoing an assessment. The seeking views and information stage occurs after the adequacy review.

significance (significant): The importance of an effect on a value. Some examples of how (direct or indirect) effects can be characterized include:• consideration of whether the effects are felt at a local,

regional or territorial level (scale);• whether the effects only occur during certain stages of

the project (timing);• whether the effects are felt in the short term, long term,

continuously or intermittently (duration); or• the extent of the effect and whether it can be reduced,

eliminated or controlled (magnitude).

value: These are parts of either an environmental or socio-economic system that are considered important or valuable. Water quality for instance is normally considered important because it provides habitat for fish, whether fish are located within or downstream of the project area.

waterbody: General term that refers to ponds, bays, lakes, marine areas, etc.

watercourse: General term that refers to riverine systems such as creeks, brooks, streams, rivers, etc.

15


The information in Appendix A provides general information about the YESAB Heritage Resource Information Requirements for Land Application Proposals Policy (Heritage Policy). For a copy of the complete Heritage Policy pleasevisitwww.yesab.caorcontactaDesignatedOffice(see Appendix E for contact information). As indicated in the Form’s checklist all agriculture development and rural residential land application proposals must include a heritage resource assessment.

In August, 2011 YESAB implemented the Heritage Policy. The purpose of this policy is to specify the heritage information requirements for certain project proposals – namely those that require a disposition of land in order to be undertaken.

In relation to Commissioner’s Lands or ‘lands administered by the Government of Yukon’, a project is considered to require a disposition of land when the proponent has or will be applying under the Lands Act or Territorial Lands (Yukon) Act to obtain:

a. title to the lands;b. a lease of the lands; orc. a grant of right-of-way or easement in respect of the

lands.

In relation to settlement lands, a project is considered to require a disposition of land when the proponent has or will be applying to the First Nation to obtain:

a. an interest in the lands similar or equivalent to title;b. a lease of the lands; orc. a grant of right-of-way or easement in respect of the

lands.

Proposals that include land applications for residential and agricultural development are the most common proposals assessed under YESAA that require a disposition of land in order to be undertaken.

Projects requiring a disposition of land to be undertaken often include activities that may have longer term or even permanent effects on heritage resources. To ensure that the effects of a proposed project on heritage resources areidentifiedandproperlyassessed,YESABrequiresa“heritage resource assessment” to be included with any proposal for a project requiring a disposition of land.

The heritage resource assessment required under the Heritage Policy is comprised of two stages:

1. An “overview assessment”, which is mandatory for all project proposals requiring a disposition of land in order to be undertaken.

2. A “site assessment”, which is only required if the outcome of the overview assessment indicates that a site assessment is necessary or advisable.

The First Nation(s) in whose traditional territory the project is located may know of past or existing uses of the area and/or of heritage resources. This information may be in the form of traditional knowledge and oral history. It may contain information about known cultural and aesthetic values of the area. YESAB recommends contacting applicable First Nations to seek their input as part of an overview assessment.

Government of Yukon, Heritage Branch may also know of past or existing uses of the area and/or of heritage resources. YESAB recommends contacting Government of Yukon, Heritage Branch for information on heritage resource potential at the proposed project location as part of an overview assessment.

As per the Heritage Policy, please provide a heritage resourceassessmentreportfortheareathatidentifiestheinformation detailed below:

a. The name and qualifications of the person that undertook the heritage resource assessment.

b. A description of the project site identifying boundaries of the study area.

c. A description of the methods used in data acquisition, recording and analysis, including those usedinfield,archivalandlaboratoryinvestigations.

d. State predictions about the kinds and number of heritage resources to be expected, the likelihood of the discovery of heritage resources and the potential significance of heritage resource values in the area.

e. A description interpretation in general terms of heritage resources found.

f. A description of proposed mitigations to minimize the effect of the project activities on the heritage resourcesidentified.

g. An interpretation of the significance of potential adverse effects this project may have on potential heritage resources.

Appendix AYESAB Heritage Resource Information Requirements for Land Application Proposals

Evaluation Stage

Adequacy Stage

Recommendation

Additional period of time with explanation

Additional period of time with explanation

Additional period of time with

explanation

Proposal Submitted by Proponent

Information Request(up to 180 days for proponent to

provide information or advise when it will be submitted within 2 years)

Information Request(up to 28 days for proponent to provide information or advise when it will be submitted within 1 year of evaluation

commencing)

Additional Seeking Views and Information

(minimum of 10 days up to 35 days)

Prepare Recommendation or Referral

(up to an extra 21 days)

Information Request(up to 180 days for proponent to

provide information or advise when it will be submitted within 2 years)

Review Response(up to 10 days)

Adequacy Review (up to an extra 21 days)

Review Response(up to 6 days)

Adequacy Review(up to 8 days)

Seeking Views and Information

(min. of 14 days up to 35 days)

Review Information (up to 3 days)

Prepare Recommendation or Referral (up to 14 days)

Issue Recommendation or Referral

16


Appendix BDesignated Office Evaluation Process Flow Chart

ASSESSMENT DISTRICTS

Central

North

South Central

Southeast

Designated Offices inCommunities

Communities

Major Roads

SouthwestWhitehorse

Old Crow

Dawson City

Pelly CrossingBeaverCreek

BurwashLanding

HainesJunction

Whitehorse

Carcross Teslin Watson Lake

Ross River

FaroCarmacks

Stewart Crossing

Mayo

17


Appendix CAssessment District Boundaries Under YESAA

WHITEHORSE

WatsonLake

DawsonCity

Mayo

Old Crow

HainesJunction

G u l f o f A l a s k a

Ross River

Pelly Crossing

Carmacks

Burwash Landing

CarcrossTeslin

Beaver Creek

Tetlit Gwich'inSecondary Use

Tetlit Gwich'inPrimary Use

Faro

Keno City

Stewart Crossing

Destruction Bay

B e a u f o r t S e a

HerschelIsland

Elsa

Northwest Territories

British Columbia

Alaska

Inuvik

Fort McPhersonVuntutGwitchin

Tsiigehtchic

KaskaDena

Na-choNyäk Dun

Selkirk

Kluane

Tr'ondëkHwëch'in

TeslinTlingit

Carcross/Tagish

KwanlinDün

Champagne& Aishihik

Lit tle Salmon/

Carmacks

Ta'anKwäch'än

Inuvialuit Settlement Region

TetlitGwich'in

WhiteRiver

Traditional Territories of Yukon First Nations

Map ID: ENV.020.02

0 100 200 300 km

© 2012 Environment Yukon

and Settlement Areas ofInuvialuit and Tetlit Gwich'in

YUKON TERRITORYJune 2012

EnvironmentGeomatics

Administrative centres of First Nations are depicted inthe colour of their Traditional Territory.

1:5,500,000Scale

18


Appendix DTraditional Territories of Yukon First Nations and Settlement Areas of Inuvialuit and Tetlit Gwich’in

19


Appendix EFirst Nation, Regulator and YESAB Contact Information

Carcross Tagish First NationBox 130Carcross, Yukon Y0B 1B0Telephone: (867) 821-4251Fax: (867) 821-4802www.ctfn.ca

Champagne and Aishihik First NationsBox 5310Haines Junction, Yukon Y0B 1L0Telephone: (867) 634-4200Fax: (867) 634-2108www.cafn.ca

First Nation of Na-cho Nyak DunBox 220Mayo, Yukon Y0B 1M0Telephone: (867) 996-2265Fax: (867) 996-2267www.nndfn.com

Gwich’in Tribal CouncilBox 1509Inuvik, Northwest Territories X0E 0T0Telephone: (867) 777-7900Fax: (867) 777-7919www.gwichin.nt.ca

Kluane First NationBox 20Burwash Landing, Yukon Y0B 1V0Telephone: (867) 841-4274Fax: (867) 841-5900www.kfn.ca

Kwanlin Dün First Nation35 McIntyre DriveWhitehorse, Yukon Y1A 5A5Telephone: (867) 633-7800Fax: (867) 668-5057www.kwanlindun.com

Inuvialuit Development Corporation107 MacKenzie Road, Bag Service #7Inuvik, NT X0E 0T0Telephone: (867) 777-2419Fax: (867) 777-3256www.idc.inuvialuit.com

Liard First NationBox 328Watson Lake, Yukon Y0A 1C0Telephone: (867) 536-5200Fax: (867) 536-2332

Little Salmon/Carmacks First NationBox 135Carmacks, Yukon YOB 1C0Telephone: (867) 863-5576Fax: (867) 863-5710www.lscfn.ca

Ross River Dena CouncilGeneral DeliveryRoss River, Yukon Y0B 1S0Telephone: (867) 969-2278Fax: (867) 969-2405www.rrdc.ca

Selkirk First NationBox 40Pelly Crossing, Yukon Y0B 1P0Telephone: (867) 537-3331Fax: (867) 537-3902www.selkirkfn.com

Ta’an Kwäch’än Council117 Industrial RoadWhitehorse, Yukon Y1A 2T8Telephone: (867) 668-3613Fax: (867) 667-4295www.taan.ca

GOVERNMENT OF CANADAFisheries and Oceans Canada100 - 419 Range RoadWhitehorse, Yukon Y1A 3V1Telephone: (867) 393-6722 Fax: (867) 393-6738 www.dfo-mpo.gc.ca

Teslin Tlingit CouncilBox 133Teslin, Yukon Y0A 1B0Telephone: (867) 390-2532Fax: (867) 390-2204www.ttc-teslin.com

Tr’ondëk Hwëch’in Box 599Dawson City, Yukon Y0B 1G0Telephone: (867) 993-7100Fax: (867) 993-6553www.trondek.ca

Vuntut Gwitchin First NationBox 94Old Crow, Yukon Y0B 1N0Telephone (867) 966-3261Fax: (867) 966-3800 www.vgfn.ca

White River First NationGeneral DeliveryBeaver Creek, Yukon Y0B 1A0Telephone: (867) 862-7802Fax: (867) 862-7806

YUKON FIRST NATIONS

Transport CanadaBox 8550, 3-344 Edmonton StreetWinnipeg, MB R3C 0P6Telephone: (204) 983-4357Email: [email protected]

YUKON WATER BOARDSuite 106-419 Range Road Whitehorse, Yukon Y1A 3V1Telephone: (867) 456-3980 Fax: (867) 456-3890Email: [email protected]

20


GOVERNMENT OF YUKONCommunity Services – Wildland Fire Management91790 Alaska HighwayWhitehorse, Yukon Y1A 5X7 Telephone: (867) 456-3845Toll free (in Yukon): 1-800-661-0408 ext 3845Fax: (867) 667-3191www.community.gov.yk.ca/firemanagement

Environment10 Burns RoadWhitehorse, Yukon Telephone: (867) 667-5652Toll free (in Yukon): 1-800-661-0408 ext 5652Fax: (867) 393-7197Email: [email protected]

Energy, Mines and Resources – Forest Management Branch918 Alaska HighwayBox 2703Whitehorse, Yukon Y1A 2C6Telephone: (867) 456-3999Toll free (in Yukon): 1-800-661-0408 ext 3999Fax: (867) 667-3138Email: [email protected]/forestry

Energy, Mines and Resources – Land Use Branch320-300 Main StreetWhitehorse, YukonTelephone: (867) 667-5215Toll free (in Yukon): 1-800-661-0408 ext 5215Fax: (867) 667-3214Email: [email protected] www.emr.gov.yk.ca/lands

Health and Social Services – Environmental Health Services2 Hospital RoadWhitehorse, Yukon Y1A 3H8Telephone: (867) 667-8391 Toll free (in Yukon): 1-800-661-0408 ext 8391Fax: (867) 667-8322E-mail: [email protected]/environmental.php

Highways and Public Works – Transportation MaintenanceBox 2703 Whitehorse, YT Y1A 2C6Telephone: (867) 667-5644Toll free (in Yukon): 1-800-661-0408 ext 5644Fax: (867) 667-3648Email: [email protected] www.hpw.gov.yk.ca/trans

Tourism and Culture – Cultural Services Branch, Heritage Resources100 Hanson StreetBox 2703 L1 Whitehorse, Yukon Y1A 2C6Telephone: (867) 667-8589Toll free (In Yukon): 1-800-661-0408 ext 8589Fax: (867) 393-6456www.tc.gov.yk.ca/heritage_resources.html

Tourism and Culture – Tourism Branch100 Hanson StreetBox 2703Whitehorse, Yukon Y1A 2C6Telephone: (867) 667-3053Toll free (In Yukon): 1-800-661-0408 ext 3053Fax: (867) 667-3546www.tc.gov.yk.ca/138.html

YUKON ENVIRONMENTAL AND SOCIO-ECONOMIC ASSESSMENT BOARD

Head OfficeSuite 200-309 Strickland Street Whitehorse, Yukon Y1A 2J9Telephone: (867) 668-6420Toll Free: 1-866-322-4040Fax: (867) 668-6425Email: [email protected]

Dawson City Designated OfficeBag 6050 Dawson City, Yukon Y0B 1G0Telephone: (867) 993-4040Toll Free: 1-866-322-4040Fax: (867) 993-4049Email: [email protected]

Haines Junction Designated OfficeBox 2126Haines Junction, Y0B 1L0Telephone: (867) 634-4040Toll Free: 1-866-322-4040Fax: (867) 634-4049Email: [email protected]

Mayo Designated OfficeBox 297Mayo, Y0B 1M0Telephone: (867) 996-4040Toll Free: 1-866-322-4040Fax: (867) 996-4049Email: [email protected]

Teslin Designated OfficeBox 137 Teslin, Y0A 1B0Telephone: (867) 390-4040Toll Free: 1-866-322-4040Fax: (867) 390-4049 Email: [email protected]

Watson Lake Designated OfficeBox 294 Watson Lake, Y0A 1C0Telephone: (867) 536-4040Toll Free: 1-866-322-4040 Fax: (867) 536-4049Email: [email protected]

Whitehorse Designated OfficeSuite 203-309 Strickland Street Whitehorse, Y1A 2J9 Telephone: (867) 456-3200Toll Free: 1-866-322-4040Fax: (867) 456-3209Email: [email protected]

www.yesab.ca

1

Kwanlin Dün First Nation Information Sheet for Proponents of Projects

Subject to YESAA About KWANLIN DUN FIRST NATION Citizens of Kwanlin Dün First Nation (KDFN) include people of Southern Tutchone, Tagish and Tlingit descent. The KDFN Traditional Territory encompasses the headwaters of the Yukon River. KDFN is the largest land holder in the City of Whitehorse, the capital of the Yukon, and has a significant quantity of rural settlement land throughout the Traditional Territory. The Lands, Resources and Claims Implementation (LRCI) Department monitors and responds to development assessment proposals and is responsible for administering, managing and planning for our lands. Legislation, regulations and policy are in development. Why contact us? Authorization Your project may require KDFN authorization if it involves Settlement Land. Settlement Land is mapped here http://www.kwanlindun.com/lands_resources. If you need help please figuring this out, contact us (see below). Authorization forms may be obtained from the LRCI Department. Engagement and communication If your project does not require an authorization, it may still be advisable to contact KDFN. We encourage proponents to make contact early in the planning process for projects in or adjacent to our Traditional Territory.

What does the Final Agreement mean with respect to land and water? By virtue of the Final Agreement (2005), KDFN has a vested interest in the lands and waters throughout the Traditional Territory and has numerous ‘Treaty Rights’ associated with those lands and waters.

Early engagement with stakeholders can prevent the miscommunication which may lead to project delays.

21


www.yesab.ca

Appendix FRegulator Information

Kwanlin Dün First Nation Information Sheet for Proponents of Projects - Sheet 1 of 2

22


2

In the face of proposed development activities throughout the Traditional Territory, KDFN expects protection for the following:

• The right to have water substantially unaltered as to quantity, quality or rate of flow, including seasonal rate of flow. (Chapter 14 )

• The right to have Heritage Resources managed such that have development impacts are identified and mitigated (Chapter 13)

• The right to avoidance or mitigation of disturbance to wildlife and habitat (Chapter 16)

• The right to exercise subsistence harvesting rights (Chapter 16) • The right to manage and/ or harvest fish, wildlife and their habitats according to the

principle of conservation (Chapter 16) • The right to control access onto or through Settlement Land (most often for

resource interests vested after 2005) (Chapters 6, 17, 18). • The right to timely and adequate participation in assessment (i.e. engagement at all

stages of project planning and development) (Chapter 12)

CATEGORY A or B Within the Traditional Territory we have specific rights with respect to Settlement Lands. On category A Settlement Land, KDFN has the rights to all surface and subsurface resources. KDFN is a Decision Body for any proposed activities, deemed assessable through YESAA. KDFN would issue authorizations subsequent to any affirmative decision. On Category B Settlement Land, KDFN has the rights to surface resources only. Should proposed activities disturb or use subsurface resources, KDFN is a Decision Body and would authorize activities subsequent to any affirmative decision. Contact KDFN administration 633-‐7800 Director of Lands 633-‐7822

Lands Manager 633-‐7849 GIS technician 633-‐7859

Kwanlin Dün First Nation Information Sheet for Proponents of Projects - Sheet 2 of 2

23


Transport Canada Information Sheet Residential and Agricultural Lands Projects Subject to the

Yukon Environmental and Socio-economic Assessment Act (YESAA) Transport Canada - Navigable Waters Protection (NWP) Program Transport Canada’s NWP Program administers and enforces the Navigable Waters Protection (NWP) Act. The NWP Act ensures a balance between the public right to navigate safely and the need to build works in, on, under, through or across navigable waters. Ensuring that appropriate safety warning lights and markers are used and maintained is an important part of regulating the construction of these works. Since agricultural and residential development activities may impact the safe navigation of a water body, you may need to apply to the NWP Program for “Approval” if part of your work is subject to the NWP Act. Water intakes and water crossings associated with these land disposition projects may be subject to the NWP Act.

• Water intakes: water drawn from rivers and streams for irrigation, household use, etc.

• Water crossings: Road infrastructure - upgrades to existing bridges and culverts, or the construction of new bridges and culverts. Utilities – work on lines, cables or pipes that cross a navigable waterway.

Does my project require an application to the NWP Program? Ask yourself: Will works/ activities take place in, on, over, under, through or across a navigable water? Yes: Application required, see questions below. No: See questions below. I don’t think the waterway is navigable; do I still need to apply? If you believe the water body affected by your project is non-navigable, and should not require an application for Approval under the NWP Act, you can self-assess against the NWP Program’s minor waters criteria. If the waterway meets the minor waters criteria, you do not need to apply to the NWP Program for Approval. Refer to our Minor Waters User Guide. Notify Transport Canada’s Environmental Assessment North division with your YESAA file number if the waterway meets the minor waters criteria. My project is small; do I still need to apply? The NWP Program has a list of minor works that do not require an application for Approval under the NWP Act; some water intake structures are considered to be minor works. To learn if your works or activities are minor works, refer to our "minor works" publications. Notify Transport Canada’s Environmental Assessment North division with your YESAA file number if your work is a minor work.

Transport Canada Forestry Sector Information Sheet - Sheet 1 of 2

http://www.tc.gc.ca/Publications/en/TP14838/PDF/HR/TP14838E.pdf

mailto:[email protected]

http://www.tc.gc.ca/eng/marinesafety/oep-nwpp-publications-3025.htm


24


Where can I learn more about NWP Act requirements? Questions - Email the NWP Program office or call (780) 495-8215 for questions about NWP Act requirements, how to apply the Minor Works and Waters Order, or how to follow the NWP Act application process. Applications - Contact the NWP Program office for current copies of the NWP Act Application Form and Guide. Submit NWP Act applications to Transport Canada/ Navigable Waters Protection Program, Canada Place, 1100 - 9700 Jasper Avenue, Edmonton, AB, T5J 4E6. Before the NWP Program can determine whether we need to issue an Approval, Transport Canada has to determine the navigability of the waterway that may be affected. We may need to conduct a site visit to make this determination and site visits can only be completed in open-water season. You will receive a letter, with your file number, indicating when the NWP Program has received a complete application. Submit a copy of this letter with your YESAA application/ project proposal. More Information - The NWP Program website. Where can I learn more about Transport Canada’s role in the YESAA process? Please direct your questions about Transport Canada’s role in the Yukon Environmental and Socio-economic Assessment Act process to our Environmental Assessment Management North division by email or by phone (204) 983-4357. Do I need to consult with aboriginal peoples to get an NWP Act Approval? Transport Canada may have a Duty to Consult aboriginal peoples when issuing NWP Act Approvals. Transport Canada supports the whole of government approach to aboriginal consultation and will rely, as much as possible, on the YESAA process to meet our consultation requirements. If you think your project may need an NWP Act Approval, we encourage you to:

• Conduct your own aboriginal engagement activities before you apply for NWP Act Approval. o Provide aboriginal groups with information about any NWP Act applications you plan to

submit. o Note any concerns that aboriginal groups may have and try to address these concerns.

• Submit information on both the concerns and any steps you took to address them, directly to

Transport Canada with your NWP Act application. If you have questions about the Duty to Consult and NWP Act Approvals, email our Aboriginal Consultation unit.

Transport Canada Forestry Sector Information Sheet - Sheet 2 of 2



http://www.tc.gc.ca/eng/marinesafety/oep-nwpp-menu-1978.htm


mailto:AboriginalConsultationPNR-ConsultationsdesautochtonesRPN@tc.gc.ca

mailto:AboriginalConsultationPNR-ConsultationsdesautochtonesRPN@tc.gc.ca

25


Fisheries and Oceans Canada – Habitat Management Program The department of Fisheries and Oceans Canada (DFO) – Pacific Region Habitat Management Program is responsible for protecting and conserving marine, intertidal and freshwater fish habitats in BC and Yukon. If you are planning an activity in or around water, certain legal requirements may apply under the federal Fisheries Act. Fish and Fish Habitat Protection in Canada The federal Fisheries Act contains provisions protecting fish and fish habitat in Canada. These include prohibitions against destroying fish, harmfully impacting fish habitat and pollution of fish-bearing waters. Where harmful impacts to fish and fish habitat are unavoidable an authorization is required in order to comply with the Fisheries Act. DFO is responsible for administering the fish and fish habitat protection provisions of the Fisheries Act. Working Near Water in BC and Yukon webpage DFO has developed the Working Near Water webpage to help proponents comply with requirements of the Fisheries Act and evaluate projects for potentially harmful impacts to fish and fish habitat. The webpage provides information to assist proponents when planning and conducting activities in or near water. http://www.pac.dfo-mpo.gc.ca/habitat/index-eng.htm DFO Information Needs for Projects Subject to the Yukon Environmental and Socio-economic Assessment Act (YESAA) Prior to submitting project proposals for evaluation under YESAA proponents are strongly encouraged to visit DFO’s Working NearWater webpage and follow the step-wise process to evaluate your project for potentially harmful impacts to fish and fish habitat. Follow directions on the website to determine whether or not a DFO review of your project may be required. The results should be documented on your Project Proposal Form as follows:

1. If your proposed activity(s) is greater than 30 m from water, select No under the Required column adjacent to all DFO authorizations, notices or forms. If your project is not near water and will not impact water quality or quantity, then there is no impact to fish and fish habitat. In this case there is no requirement for DFO review or authorization.

2. If your proposed activity(s) avoid impacts to fish and fish

habitat by following DFO-approved Operational Statements, select Yes under the Required column adjacent to Operational Statement Notification. Please attach a completed Operational Statement Notification with your application to (Yukon Environmental and Socio-Economic Assessment Board) YESAB and submit a copy directly to DFO as indicated on the Operational Statement Notification Form. The Operational Statements outline conditions and measures for avoiding harmful impacts to

fish habitat, and applying them will ensure your project does not require DFO review or authorization.

3. If, based on the results of your own Aquatic Effects

Assessment you successfully avoided harm to fish and fish habitat, select Yes under the Required column adjacent to Notification to DFO. Please attach a completed Project Notification and Review Application Form with your application to YESAB and submit a copy directly to the DFO Whitehorse Office. DFO requests that you provide this information in order to evaluate the effectiveness of the measures and practices applied to avoid impacts to fish and fish habitat. Typically, DFO does not respond to notifications but may use this information for audit purposes.

4. If you determined your project activity(s) has the potential

to harm fish or fish habitat, select Yes under the Required column adjacent to Request for Project Review. Attach a completed Project Notification and Review Application Form with your application to YESAB and submit a copy directly to the DFO Whitehorse Office. Based on the information you provide, DFO will review the planned activity(s) to determine if it is likely to harm fish or fish habitat.

5. If you, or DFO, have determined that your project cannot

avoid harm to fish or fish habitat a Fisheries Act Authorization is required, select Yes under the Required column adjacent to Request for a Fisheries Act Authorization. Attach a completed Project Notification and Review Application Form and the additional information to support a Fisheries Act Authorization with your application to YESAB and submit a copy of this information directly to the DFO Whitehorse Office.

To learn more about protecting fish and fish habitat and DFO’s role in managing fish habitat see DFO’s Pacific Region Working Near Water in BC and Yukon webpage: http://www.pac.dfo-mpo.gc.ca/habitat/index-eng.htm For information on DFO’s role in the Yukon Environmental and Socio-economic Assessment Act (YESAA) contact DFO’s Whitehorse office. Fisheries and Oceans Canada – Whitehorse Office Telephone: 867-393-6722 Facsimilie: 867-393-6737 Email:[email protected]

FISHERIES AND OCEANS CANADA INFORMATION NEEDS For Projects Subject to the Yukon Environmental and Socio-economic Assessment Act (YESAA)

Fisheries and Oceans Canada Information Needs - Sheet 1 of 1


www.yesab.ca

project proposal form: land dispositions · project proposal form: land dispositions please review...

Documents