Tłı̨chǫ Government Public Hearing Intervention Introduction on the proposed Fortune Minerals NICO Project Canadian Institute’s Energy Group’s Forum on Arctuc February 25-26, 2014 Presentation by: Yellowknife, NT Tłı̨chǫ Government
The T łı ̨ ch ǫ Agreement Section 21.2.3 of the T łı ̨ ch ǫ Agreement states that: The T łı ̨ ch ǫ First Nation has the right to have waters which are on or flow through or are adjacent to T łı ̨ ch ǫ lands remain substantially unaltered as to quality, quantity and rate of flow when such waters are on or flow through or are adjacent to T łı ̨ ch ǫ lands (emphasis added). 2
Substantially unaltered The Water The location of the proposed development - ase ede t’seda dile - is a core cultural corridor in the heart of Tłı̨chǫ lands and must be protected. It was Chief Monfwi’s wish to live in the area due to good fishing, good water and was in the middle of various routes to other important areas for the Tłı̨chǫ (Zemie Daniels, October 11, 2012).
Substantially unaltered The Water There are many Tłı̨chǫ concerns related to water and water quality in relation to the proposed Project:
Substantially unaltered The Water There are many Tłı̨chǫ concerns related to water and water quality in relation to the proposed Project: And because the mine is developing in the in the area, it might create fears of people not going to that area, or even in – not discouraging, not using that area because of possible fears of contamination of fish, water and even caribou and some of the migratory animals in that area (John B. Zoe, October 11, 2012).
Substantially unaltered The Water The Tłı̨chǫ Nation Traditional Knowledge and Use Study commissioned for the environmental assessment predicted several likely impacts related to • traditional use and knowledge • transportation pathways, • loss of subsistence resources, • potential decrease in use of traditional foods and water, and • a decrease in intergenerational knowledge transfer and disconnection from this part of the Tłı̨chǫ cultural landscape. Given the critical nature of ase ede t’seda dile to Tłı̨chǫ citizens, no industrial development should proceed without the highest environmental standards, managed and monitored with the Tłı̨chǫ Government.
Substantially unaltered The Report of EA, Measure #2 provides further refinement of substantially unaltered by stating that in all waters downstream of Peanut Lake, including Burke Lake ( Datoti ), during all active, closure and post closure phases of the NICO Mine: • Benthic invertebrate and plankton abundance, taxonomic richness or diversity will not be substantially altered by water quality changes resulting from the mine; • Fish health, abundance or diversity will not be substantially altered by water quality changes resulting from the mine; • The ability of traditional users to harvest or consume fish will not be impacted by water quality changes resulting from the mine; and, • Wildlife and waterfowl can continue to safely use the water.
Substantially unaltered • In addition to the above statements that apply to all waters downstream of Peanut Lake, Measure 2 also requires that water quality, quantity and rate of flow in the Marian River (Gòlo Tì Deè) remains substantially unaltered. • Measure 1 also provides important refinement to the phrase “substantially unaltered” because mining activities are not to adversely affect the Tłįchǫ peoples’ use of traditional drinking water sources; and use of traditional areas for fishing. The September 2012 Tłįchǫ Nation Traditional Knowledge and Use Study clearly outlines the traditional uses within Asi Edee T’seda Dile and along Gòlo Tì Deè.
Substantially unaltered • To the Tłįchǫ people, substantially unaltered within the NICO context also means that mining doesn’t prevent traditional use, including fishing and drinking water, or negatively change in a significant way the benthic invertebrates, plankton, fish and water quality and quantity in all water downstream of Peanut Lake, and most importantly in Burke Lake ( Datoti) and the Marian River (Gòlo Tì Deè).
Water Licence Term In a letter (Jan 20, 2014) to the WLWB, Fortune requests a 22 year term “to coincide with the expected operating duration of the Project… [the] specific [Project] characteristics, including adaptive management and the provision for Board review and approval of water licence management plans over time”. Water licence renewals are helpful: the project can be examined as a whole and by all interested parties. This is especially important given the innovative waste management methods and associated uncertainties. The “check - in” process provided by renewals does not need to be onerous if management and monitoring are at a high standard. We recommend a licence term of 5 years . This is roughly consistent with water licences for other projects. 10
Water Quality The Marian River watershed, including Burke Lake ( Dat’ot’i ), is intrinsic to the Tłı̨chǫ People: I love going out on the land. It is part of our life. It really hurts to think about it. If we can’t go out on the land, I wouldn’t last long (Sonny Zoe quoted in Olsen, 2012, p.50). 11
Water Quality Technical session information request #2: Measure #2 in the Report of EA and Reasons for Decision requires that water quality in the Marian River remain “ substantially unaltered ” as a result of the NICO Project and requested to propose water quality objectives in compliance with this measure. In the technical session, it was proposed that the objective be developed using the range of natural variation of the Marian River as represented by the 95 th percentile of the baseline data. However, some parameters (berylium, thallium, molybdenum, etc.) end up several times higher than the maximum observed baseline concentration and, thus, the proposed objective will not ensure the water quality will remain substantially unaltered. 12
Water Quality Tłı̨chǫ Government recommends that a multiple stakeholder discussion be held to define the decision rule and the definition of the acceptable standard using a Data Quality Objective (DQO) process. This would result in a quantitative definition of “substantially unaltered” for this NICO project that Fortune can integrate into their monitoring program. 13
Water Quality Technical Session Information Request #4: Fortune provided an updated summary of receiving water quality predictions. Based upon updated predictions, it appears that mining activities associated with the NICO Project will substantially alter water quality in the Marian River. To meet benchmark values, discharge of the effluent may need to occur at a slower rate during the spring when effluence is released with little lateral mixing. This could potentially be achieved by incorporating an additional holding pond into the surface water management system – an option could be provided in the water management plan recommended in the draft water licence. 14
Water Quality Recommended Water License Conditions 1. The Licensee shall submit to the Board for approval a design plan to collect additional baseline data. The design plan is to include additional baseline data collection upstream and downstream of the Marian River confluence with Burke Creek that will be appropriate and sufficient for detecting changes in water quality within the Marian River. 15
Recommended Water License Conditions Recommended Water License Conditions 2. A multi-stakeholder group be established to define the decision rule and the definition of the acceptable standard using a Data Quality Objective (DQO) process. This would result in a quantitative definition of “substantially unaltered” that Fortune can integrate into the AEMP monitoring program. The DQO process will provide a scientifically defensible and practical monitoring program to support decision making. 16
Recommended Water License Conditions Recommended Water License Conditions 3. The Tłı̨chǫ Government requires the discharge of the effluent to be controlled. This could be achieved by incorporating an additional holding pond into the surface water management system as it would allow a greater volume of water to be stored to accommodate slower discharge rates. Further details about the additional holding pond, or other workable options for meeting the benchmark values as necessary, should be provided in the water management plan recommended in the draft water licence. 17
AEMP The Tłı̨chǫ Government notes that AEMP processes have been driven by scientific concepts and exclusive of community community interests. We believe that science and Indigenous knowledge should be brought to bear on questions. We request meaningful engagement in AEMP discussions. To keep the Tłı̨chǫ People informed, an AEMP should include: • Consultation between Fortune and Tłı̨chǫ Government on how to include Tłı̨chǫ People in monitoring, • Involvement of Tłı̨chǫ People in water quality monitoring upstream and downstream of the Project, and • Communication of monitoring results to the Tłı̨chǫ People. 18
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