SAMBAA KE FIRST NATION PRESENTATION Enbridge Line 21 Replacement - - PowerPoint PPT Presentation

SAMBAA K’E FIRST NATION PRESENTATION

Enbridge Line 21 Replacement Segment Mackenzie Valley Land and Water Board Oral Public Hearing October 27, 2017

Presentation Summary

The following presentation will be given jointly by the Sambaa K’e First Nation (SKFN) panel and will detail the following topics.

1.

Traditional and current land use and stewardship

2.

Experiences with the Enbridge Line 21 pipeline

3.

Traditional knowledge about landscape and ecosystem changes and their relation to the pipeline

4.

Experiences with Enbridge and perspectives on engagement

5.

Socio-economic implications of the project

6.

Waste management & spill contingency

7.

Monitoring

8.

Summary and conclusions

TRADITIONAL AND CURRENT LAND USE AND STEWARDSHIP

Traditional and current land use and stewardship

• Enbridge Line 21 Replacement Segment is near Fort Simpson, where

many SKFN members live and work

• The Mackenzie river crossing is part of SKFN Members’ secondary

land use area. It encompasses traditional trails that SKFN’s elders and late elders / ancestors used to travel to Fort Simpson.

• SKFN supports LKFN perspectives as the most directly affected First

Nation

• Several hundred kilometres of pipeline pass through Sambaa K’e

First Nation’s core / primary land use area.

Traditional and current land use and stewardship

• Over 100km of Line 21 passes through the watershed

from which Sambaa K’e First Nation members get drinking water. .

• The project further extends the lifespan of a project that

had a design intended for 25 years. (It is now at 32 years) .

• No Dehcho First Nation has consented to the pipeline nor

has been appropriately compensated for infringed rights.

• The project allows for continued cumulative negative

affects of the pipeline on SKFN land use and rights.

Traditional and current land use and stewardship

• Harvesting and other traditional land uses and stewardship are

inseparable from the language, culture, well-being and identify

• f Sambaa K’e First Nation members.

2014 census data

Traditional and current land use and stewardship

2014 census data

SAMBAA K’E FIRST NATION EXPERIENCES WITH LINE 21

SKFN Experiences with Line 21

From interviews (Sambaa K’e First Nation Traditional Knowledge report for the proposed MGP, 2014)

“They told us that in the past, even for myself, long ago, they wanted people who had traps on the pipeline route to sit in on meetings. They told us that but, they are not following what the people wanted, they are ignoring what the trappers told them to this day.”

• Edward Jumbo, p. 121

SKFN Experiences with Line 21

From interviews (Sambaa K’e First Nation Traditional Knowledge report for the proposed MGP, 2014)

“They sounded very positive but they only monitored it at the beginning, and the place it went to, they used only that areas but the actual pipeline route is not really monitored so it is not good. We have to monitor it even though we don’t get paid for it. At the beginning they said we will get paid if we monitored it but it didn’t last long.”

• Edward Jumbo, p. 121

LANDSCAPE AND ECOSYSTEM CHANGES

Landscape and ecosystem change

• Over decades, SKFN members have lived with a barrage
• f oil and gas activities on their lands, including

exploratory wells and construction and operation of Line 21.

• The current project, its direct and indirect effects, must be

understood within that context.

• Oil and gas activity has and continues to affect SKFN way
• f life, change the landscape, and affect wildlife behaviour

and populations.

Landscape and ecosystem changes

From interviews (Sambaa K’e First Nation Traditional Knowledge report for the proposed MGP, 2014)

“Well, the golôâ (small animals) wouldn’t go back into that area for a while if they are going to do two years of

• construction. It will take a while for the golôâ to get back

into that area I guess that’s for sure, till about three years… not able to hunt over there third or forth year I guess.”

• Dolphus Jumbo, p. 58

Landscape and ecosystem changes

From interviews (Sambaa K’e First Nation Traditional Knowledge report for the proposed MGP, 2014)

“When they drilled, gah (rabbit) ate with the mud that they drilled out. Since then the population of gah started going down and there is no gah now. In areas that they drilled for rocks, gah would eat the pile of mud and your grandfather said there were dead gah beside them. That was around 1958… 56, 57… around there. There are still no gah today.”

• Sarah Ann Jumbo, p. 119

Landscape and ecosystem changes

From 2014 Minutes of a meeting between SKFN Members and Enbridge staff:

“In the beginning, they said that the pipeline had a 30-year life span through the permafrost. Since then in just short years, 25 years, there has been lots of rain for about three to four

• summers. The last two summers not so much rain, can’t even

get down Trout River. If there is lots of water what happens to the permafrost, the cut lines are sunken, trees falling and coming down because of the melting. Recommend to look at the pipeline after the permafrost. Is the pipe getting rotten due to the extensive water and permafrost? With global warming the land changes and it takes everything with it. Out of curiosity we should take a look at it.”

• Dolphus Jumbo

Landscape and ecosystem changes

Science echoes the knowledge and questions of SKFN Members:

• As permafrost in the Fort Simpson region is discontinuous, thin

(5-20m) relatively warm (>-1°C) it is susceptible to thaw.

• Between 1964 and 1990 the southern edge of discontinuous

permafrost moved north by 120km (Kwong and Gan, 1994).

• Between 1943 and 2008 (65 years) there has been a 61

percent decrease in permafrost cover. (Quinton et al. 2011)

Landscape and ecosystem changes

Science echoes the knowledge and questions of SKFN Members:

• Thaw depths have increased along the pipeline corridor over an 18-

year period from 1985 to 2003. (Smith and Riseborough, 2010)

• At 4m depth, increases in ground temperature beneath the corridor

are 2°C higher than those increases in adjacent undisturbed terrain. (Smith and Riseborough, 2010)

• Thaw depths over the same time period have increased by more than
• 3m. (Smith and Riseborough, 2010)
• Permafrost-pipeline interactions may include thaw settlement, frost

heave, upheave buckling, buoyancy, slope instability and others (Oswell 2011)

EXPERIENCES WITH ENBRIDGE AND PERSPECTIVES ON ENGAGEMENT

Experiences with Enbridge and perspectives on engagement

MVLWB Guidelines – Guiding Principles

• Shared responsibility: Coordinated processes, which respect the responsibilities
• f the proponent, the Government of Canada, the Government of the NWT,

Aboriginal governments/organizations, and the Boards to enable meaningful involvement of affected parties, is essential in our co-management system.

• Appropriate disclosure: All information relevant to an application is made

available in a timely and understandable manner and considers the particular culture(s), language(s), and traditions of the affected parties.

• Inclusiveness: Those potentially affected, including youth, Elders, and women,

should be given the opportunity to be heard and involved.

• Reasonableness: Proponents, affected parties, the Boards, and the Crown must

be reasonable when setting expectations for engagement and consultation processes and be willing to enter into these processes in the spirit of cooperation. This includes the provision of reasonable resources, where appropriate, for carrying out and participating in consultation and engagement processes.

Experiences with Enbridge and perspectives on engagement

From the Board’s information for proponents

• Ideally, the proponent and the engaged party will agree on

the engagement record and engagement plan, and signatures from both parties on these documents will demonstrate this agreement to the Board. Signatures, although not required, represent agreement on the contents, and do not necessarily imply that the parties agree on the topics that were discussed.

Experiences with Enbridge and perspectives on engagement

• SKFN was not involved in the development of Enbridge’s

engagement plan

• SKFN did not have an opportunity to review and sign-off
• n the engagement log provided by Enbridge
• Enbridge’s claim that there were no unresolved

community issues was blatantly untrue and illustrates the insincerity of their engagement processes.

• SKFN Members’ frustration with Enbridge’s engagement

has been consistent and long-standing.

Experiences with Enbridge and perspectives on engagement

• SKFN was not involved in the development of Enbridge’s

engagement plan

• SKFN did not have an opportunity to review and sign-off on the

engagement log provided by Enbridge

• Enbridge’s claim that there were no unresolved community

issues was blatantly untrue and illustrates the insincerity of their engagement processes.

• SKFN Members’ frustration with Enbridge’s engagement has

been consistent and long-standing.

Experiences with Enbridge and perspectives on engagement

• SKFN has never been resourced to engage meaningfully

in project operations.

• SKFN has never been consistently and reliably involved in

monitoring.

• Enbridge’s submitted engagement plan lacks important

details such as names and contact information.

• The plan presents engagement as an obligation triggered

by the regulatory system rather than creating a framework for on-going and meaningful relationship-building and cooperation.

Experiences with Enbridge and perspectives on engagement

SKFN recommendations respecting engagement

• A revised engagement plan should be submitted that is developed in

collaboration with the affected Parties

• The engagement plan should create a mechanism for on-going

communications and cooperation.

• The engagement plan should allow for in-person quarterly meetings
• f Parties.
• Engagement logs must be agreed upon jointly.
• Annual report should include a plain language report informing of all

work that took place – proponent activities, ENR, Lands & NEB inspections and outcomes.

Experiences with Enbridge and perspectives on engagement

SKFN recommendations respecting engagement

• The efficacy of the Engagement plan and its implementation

should be evaluated and adjusted by the collaboration of all Parties annually.

• Effective engagement necessarily includes a real, consistent

and reliable role in monitoring.

• Indigenous Parties should be added to the notifications

provided to the commencement of the project (s. 5 LUP)

• Parties need to be resourced to participate effectively.

SOCIO-ECONOMIC IMPLICATIONS OF THE PROJECT

Socio-economic implications of the project

• There is no concrete commitment from Enbridge to

preferentially hire local and Indigenous workers.

• Enbridge’s discussions on benefits have been vague.
• Enbridge’s 120 person camp will be near town and is a

significant size for a small community. Enbridge has downplayed potential effects in its application.

• Potential negative impacts of temporary worker camps

are well established, particularly with respect to negative effects for women.

Socio-economic implications of the project

SKFN recommendations respecting benefits

• Firm, quantitative commitments need to be made.
• Job numbers, types, descriptions, training requirements and

advance training opportunities should be provided.

• Funded training will optimize opportunities for local and

Indigenous hires.

• If targets can’t be met, provisions could exist for additional

support to Dehcho K’ehodi programming.

• A committee should be formed to collaboratively address

implications of the camp with a focus on women’s safety, wellness and participation / benefit.

WASTE MANAGEMENT & SPILL CONTINGENCY

Waste Management & Spill Contingency

• Enbridge has provided only minimal information about

how it will deal with drilling wastes.

• SKFN understands that sumps are Enbridge’s preferred

disposal for drilling wastes and has been assured that drill muds will be bentonite based (non-toxic).

• Little is known about size, volume, location, construction
• f planned sumps.

Waste Management & Spill Contingency

SKFN recommendations respecting waste management and spill contingency

• A revised and more detailed waste management plan should be required with an
• pportunity for Parties to review and comment prior to Board approval.
• A more detailed waste management plan should include the options evaluated by

Enbridge (including removing drilling waste from site) and should detail why sumps are the preferential approach.

• As Enbridge revises and details its waste management plans, Inspectors are to

be notified (draft conditions). However, traditional land owners should also be made aware of these details and have an opportunity to comment to the Board.

• A revised waste management plan should detail volumes of anticipated waste,

locations and sizes of proposed sumps and more detailed information about the soils at the proposed locations.

• Using non-toxic, bentonite clays as planned, should be a condition of the license.

Waste Management & Spill Contingency

SKFN recommendations respecting waste management and spill contingency

• Indigenous Parties should be notified with an opportunity to comment if there are

changes made to planned drilling muds or if anticipated additives chance.

• Ground water monitoring at sumps would help to alleviate concerns related to

sumps.

• Indigenous Parties should be immediately notified in case of any spill or leak. This

includes immediate notification and detailed reporting.

• A detailed and comprehensive summary outlining specific revisions to a plan

(waste management, spill contingency) will help reviewers (as opposed to

• verview summaries of changes).
• Enbridge’s annual report should include a map depicting location of all sumps with

details of deposited waste (composition, volumes, toxicity results).

MONITORING

Monitoring

• SKFN’s involvement in monitoring with Enbridge has been

sporadic, and, during the occasional years that it takes place, seasonal.

• Physical, visual monitoring is crucial to SKFN’s Members’

confidence in the project.

• SKFN has an existing monitoring program through its AAROM,

Dehcho K’ehodi and other community initiatives that can be expanded to accommodate this need.

• Studies have demonstrated the value of independent,

community-led monitoring and stewardship programs.

Monitoring

SKFN recommendations respecting monitoring

• Independent, community-based monitoring should be

funded and further supported through technical partnerships.

• Program should include:
• Training in monitoring methods and safety protocols / procedures
• Material costs include PPE, transport equipment, soil / water

analysis

• Routine in-person visual inspections
• Permafrost monitoring program
• Terrain and landscape change monitoring

Monitoring

SKFN recommendations respecting monitoring

• Further detail is required on Enbridge’s own monitoring

program

• Turbidity monitoring plan should require a formal review with an
• pportunity for all Parties to comment prior to Board approval.
• Monitoring plans must include a management response

framework detailing specific levels that will detail specific actions.

• Enbridge should be required to submit a closure and

reclamation plan including community participation in long-term site monitoring and maintenance.

SUMMARY AND CONCLUSIONS

Summary and conclusions

• The current project needs to be understood in the context of SKFN’s

experience with the oil and gas industry and Line 21 over several decades.

• The current project will permit the continued operations of Line 21,

indefinitely.

• Line 21 is already passed its design-life and crosses through SKFN

core traditional territory and watershed.

• Substantial, meaningful accommodations are therefore warranted to

mitigate the negative affects on SKFN rights.

• Most important to SKFN is meaningful participation in project review

and monitoring.

• Participation can not be meaningful without requisite resources.

SAMBAA K’E FIRST NATION

SKFN Panel October 27, 2017