Public Hearing Intervention Introduction on the proposed Fortune - - PowerPoint PPT Presentation
Tch Government Public Hearing Intervention Introduction on the proposed Fortune Minerals NICO Project Canadian Institutes Energy Groups Forum on Arctuc February 25-26, 2014 Presentation by: Yellowknife, NT Tch Government
February 25-26, 2014 Yellowknife, NT Presentation by: Tłı̨chǫ Government
The Tłı ̨ chǫ First Nation has the right to have waters which are on or flow through or are adjacent to Tłı ̨ chǫ lands remain substantially unaltered as to quality, quantity and rate of flow when such waters are on or flow through or are adjacent to Tłı ̨ chǫ lands (emphasis added).
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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).
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).
The Tłı̨chǫ Nation Traditional Knowledge and Use Study commissioned for the environmental assessment predicted several likely impacts related to
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.
diversity will not be substantially altered by water quality changes resulting from the mine;
water quality changes resulting from the mine;
impacted by water quality changes resulting from the mine; and,
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
need to be onerous if management and monitoring are at a high
consistent with water licences for other projects.
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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).
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Technical session information request #2: Measure #2 in the Report
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
Marian River as represented by the 95th 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.
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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.
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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
holding pond into the surface water management system – an option could be provided in the water management plan recommended in the draft water licence.
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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.
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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.
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Recommended Water License Conditions 3. The Tłı̨chǫ Government requires the discharge of the effluent to be
pond into the surface water management system as it would allow a greater volume of water to be stored to accommodate slower discharge
workable options for meeting the benchmark values as necessary, should be provided in the water management plan recommended in the draft water licence.
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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
the Tłı̨chǫ People informed, an AEMP should include:
Tłı̨chǫ People in monitoring,
downstream of the Project, and
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Measure #4 of the Report of EA requires water quality changes due to mining activities will not substantially alter fish health, abundance or diversity. Yet no monitoring for fish community structure or fish relative abundance is planned. In the Technical Sessions, Fortune stated that fish population surveys like this can be lethal to fish and lead to declines in a fish population, particularly on small lakes. Lake Whitefish - a species that is a valued representative fish species for testing because of its abundance, spawns in the fall, and a preferred subsistence species for the Tłı̨chǫ – are more susceptible to stress- related mortality than other species.
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Tłı̨chǫ community members have begun to formalize a frameowrk for aquatic monitoring in the Marian River watershed. The Tłı̨chǫ control the design and data of the program, but consult with Fortune and other companies about the program to determine overlap or identify efficiencies. The community-based monitoring will be believable to Tłı̨chǫ citizens to address both real and perceived risks to the environment. There is a clear opportunity to combine data collected by the Tłı̨chǫ Government with Fortune’s AEMP.
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Water License Recommendation We recommend the water license contain the following conditions:
a) Collect and compile baseline data on lake Whitefish health and relative abundance; b) Include Lake Whitefish in ongoing fish health and relative abundance monitoring efforts; and c) Hydroacoustic methodologies for relative abundance estimates supplemented with limited gillnetting and/or Tłı̨chǫ fishing efforts (see item (d) below) to minimize the consumptive impacts on the population d) A program for ongoing Traditional Knowledge based monitoring. Efficiencies could be realized by combining Tłı̨chǫ fishing efforts in item (c) above with the Traditional Knowledge program.
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Significance Thresholds are the levels of change that, if exceeded would cause significant adverse effects to the environment. Drinking water and fish were identified as two core values in the DAR and TK study, so significant adverse effects to these values are unacceptable. Measure #1 of the Report of the EA states that the project will be designed for all stages (construction through to post closure) so that Tłı̨chǫ people’s traditional water uses, now and into the future, are not adversely affected by mining activities. These include: (a) use of traditional drinking water sources; and (b) use of traditional areas for fishing”. Significance thresholds should be defined now, not after licence issuance.
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Water Licence Recommendation (If Significance Threshold is not set prior to licence issuance)
site and the finalization of the AEMP, the Licensee shall submit to the Board for approval a proposed numerical Significance Threshold. The proposed threshold will be accompanied by the following information:
i) All relevant data used to develop the threshold, ii) A clear description of the methodology used to develop the threshold, iii) A clear rationale as to why that methodology was selected, and, iv) Limitations and benefits of the selected method.
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We have concerns with replication and data variability and the ability to determine an effect. Monitoring is vital to provide Tłı̨chǫ people with assurances that it will be safe to continue traditional activities downstream of the mine. Fortune should clearly articulate their vision for the AEMP working group, including when it will be established and process details. Ideally it will be initiated prior to receiving its water licence to help build consensus.
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Water Licence Recommendation
license require the following as it is critical that the AEMP design be robust enough to determine an effect:
i) Adherence to the Guidelines for Designing and Implementing Aquatic Effects Monitoring Programs for Development Projects in the NWT. ii) Fortune to review existing baseline data and conduct a power analysis on sampling parameters including plankton, fisheries and water quality to confirm whether the methodologies are sufficient to show a statistical difference between treatment and reference given natural variability iii) Based on the review identified in the item (b) above, determine whether any additional baseline data needs to be collected iv) Items (b) and (c) should be topics for discussion by the AEMP Working Group and subject to approval by the WLWB as part of the AEMP design.
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