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DEH CHO - The complexity, history and controversial nature of a mining project in the Deh Cho is slowing its progress through the regulatory process.

In June 2008, Canadian Zinc submitted four applications for permits to the Mackenzie Valley Land and Water Board. The permits included a type A water licence and a type A land use permit that, in conjunction with other sub-permits, would allow the company to start production at the Prairie Creek mine.

A series of permits for Canadian Zinc's Prairie Creek mine are undergoing an environmental assessment and have already spent six months in the scoping phase, the first part of the process. - NNSL file photo

In August, the permits were referred to the Mackenzie Valley Environmental Impact Review Board for an environmental assessment. Six months have passed and the permits are still in the scoping phase.

"Canadian Zinc is one of our more complex files," said Martin Haefele, manager of environmental impact assessment for the review board.

Most of the other developments the board deals with are brand new, but Canadian Zinc has a long history, Haefele said. The mine construction dates to the early 1980s.

The board started the assessment at the end September, when scoping sessions were held in Deh Cho communities. The purpose of scoping is to determine what the assessment should focus on, Haefele said. Written submissions on the scoping were taken until early November.

An extra complication was added on Nov. 3 when the board received a request for ruling from Ecojustice, formerly Sierra Legal, on behalf of the Dehcho First Nations (DFN) and the Canadian Parks and Wilderness Society (CPAWS) asking that the mine's winter road be included in the assessment.

The request led the board to ask all interested parties their opinion on whether the winter road and existing facilities at the mine should be covered by the assessment. By Jan. 19, the closing date for comments, the board had received more than 70 documents in response to the question.

"It's a fairly high number," said Haefele.

In total there are 201 documents on the board's public registry related to the Canadian Zinc file.

"And we're only at the beginning of the assessment," Haefele said.

The board needs to make very careful rulings in matters like this because of the complexity of the file and the legal issues involved, he said.

While DFN and CPAWS asked for the inclusion of the road in the assessment, Canadian Zinc disagrees.

The company recognizes the proposed operations and the changes that have been made to the original plan for the mine need to undergo an environmental assessment, said Alan Taylor, vice-president of exploration and chief operating officer for the company.

The company is, however, looking to make the assessment an efficient process that addresses the issue of the permit as soon as possible, he said.

"It's not like we're trying to avoid any environmental scrutiny here. What we're trying to do is try to expedite the review process so that we don't have redundant matters that would slow down the process," Taylor said.

Canadian Zinc maintains the winter road should not be a part of the environmental assessment, because they received a permit last year to operate it. They also point to a decision by the Supreme Court of the NWT in which it was ruled the road was exempt from environmental assessments.

A legal argument has ensued in which Ecojustice states the existing permit for the winter road doesn't encompass the full-scale mine operations the company is proposing. The road, therefore, can and needs to be included.

Dehcho First Nations wants to ensure the environmental assessment is thorough, said Grand Chief Jerry Antoine.

"We feel only through a comprehensive and complete environmental assessment can the full impact of this proposed project be assessed and appropriate decisions be made," Antoine said.

Although DFN recognizes the mine could bring some economic benefits to the region, it could also result in significant environmental damage, he said. In the long term, DFN's objective is to protect the South Nahanni watershed.

The Mackenzie Valley Environmental Impact Review Board has already met once on the issue. Because of the large volume of information and the legal arguments, the board decided they needed more time, said Haefele. The board is scheduled to meet again to address the question on Feb. 6.

Even if the board makes a decision, it will take time to compose the written response to carefully justify the decision so it can't be challenged legally, Haefele said. Following the decision, there are still further steps left in the scoping phase.

Having the scoping last this long is unusual, he said. Depending on the complexity of the file, two to three months is an average time for the phase.

The time spent with scoping is, however, important because it provides a foundation for the assessment and focuses the process so a good result is reached, said Haefele.

"As long as it takes we are quite hopeful in the end it speeds up the process," he said.

There is currently no timeline for how long the entire environmental assessment process on Prairie Creek will take.

"The board will create a work plan and try to stick to the work plan but it doesn't control the entire process and how long some things take," Haefele said.