TSLEIL-WAUTUTH NATION

Transcription

1 TSLEIL-WAUTUTH NATION People of the Inlet lisa Walls Regional Director, Pacific and Yukon Region Canadian Environmental Assessment Agency PO Box West Georgia St, Suite 410 Vancouver, BC V7V 1C6 October16,2013 Dear Ms. Walls, Re: Determination of Whether A Federal Environmental Assessment Is Required For The Roberts Bank Termlnal2 Project, Located 35 Kilometres South of Vancouver, British Columbia This letter is in response to your September 23, 2013 letter to Chief Maureen Thomas of the Tsleii-Waututh Nation. Tsleii-Waututh requests that a federal Environmental Assessment (EA) be conducted for the proposed Roberts Bank Terminal 2 project, as this project has the potential to impact Tsleii-Waututh rights, title, and interests. Should the Canadian Environmental Assessment Agency (CEAA) decide that an EA is necessary for this project, we expect that a consultation process would be established in accordance with the Tsleii-Waututh Nation's Stewardship Policy (2009) that would enable Tsleii-Waututh to provide CEAA with further information regarding impacts the proposed project may have. In your letter, you requested clarification on the appropriate contact person for the Tsleii-Waututh Nation regarding this project. Please send all correspondence relating to this project to myself (Erin Hanson, Consultation and Accommodation Coordinator). My contact information can be found below. I can also be reached by phone at or by at ehanson@twnation.ca. Please don't hesitate to contact me should you have any questions or require further information. Respectfully. Erin Hanson Consultation and Accommodation Coordinator Treaty, Lands, and Resources Department Cc: Robyn Mclean, CEAA. Via robyn.mclean@ceaa-acee.gc.ca

2 Information to Inform the Determination of EA Requirements Please respond by: October 15, 2013 Roberts Bank Terminal 2 Project- Port Metro Vancouver Agency File No.: Aboriginal Group: Musqueam Indian Band EA Contact Name: Address: 1. Please identify any potential adverse environmental effects of the Project that are of importance to your group or community. Please identify those potential adverse environmental effects that are not reflected in the project description. Please attach additional information that your group or community considers relevant. 2. Please identify any potential changes to the environment that may be caused by the Project which could result in changes to your group or community's: (a) health and socio-economic conditions (b) physical and cultural heritage (c) current use of lands and resources for traditional purposes (d) structures, sites or things of historical, archaeological, paleontological or architectural significance 3. If you expect the Project may impact your potential or established Aboriginal rights, please describe how. /gi~~: Coor-dif\DI?WT.YeAfkj,(And,4?esoua..e~ ~~ T1tle of responder C'>Gp.:u'+~, Date IG.?.ol3z Please respond to the above questions by October 15, 2013 via to Robyn.Mclean@ceaa-acee.gc.ca or fax at Thank you.

3 MUSQUEAM INDIAN BAND Information to Inform the Determination of EA Requirements Musqueam Indian Band. Roberts Bank Terminal 2 Project Port Metro Vancouver. Agency File No.: Please identify any potential adverse environmental effects of the Project that are of importance to your group or community. Please identify those potential adverse environmental effects that are not reflected in the project description. - This project has a very high potential of having an adverse effect on Musqueam s ability to fish. - Studies were not done on how the additional terminal may impact the shore along the river, as well as the possibility of creating a stagnant area between the terminals and the shore. This will impact habitat rearing grounds for all salmon and their feeding area and their migration route; crab and shellfish, migratory and resident bird populations. - This project area wouldn t allow for continuous water flow and would affect the hydrology, which could potentially create a domino effect for all aquatic resources. - Very little information on the eulachon and sturgeon populations in the river unsure as to what the degree of impacts of their habitats would be as there are no specific studies done on either of these species. Sturgeon are on the species at risk at and eulachon is very close to being placed on that list. 2. Please identify any potential changes to the environment that may be caused by the Project which could result in changes to your group or community s: (a) Health: i. The increased tanker traffic in the river due to this project poses a risk to Musqueam fishers safety, as the river is currently at maximum capacity for traffic and creates unsafe fishing situations. ii. Health and social economic change habitat changes could reduce ability to harvest aquatic resources. (b) Physical and cultural heritage: i. Musqueam has been a fishing community since time immemorial, and it is a part of Musqueam s culture. Taking that the ability to fish will be removing an integral part of our culture. (c) Current use of lands and resources for traditional purposes:

4 i. Fishing in the Fraser River has been essential to the Musqueam since time immemorial. The ability to access the river and to fish for food, social, and ceremonial purposes is a necessity for the community. This project, poses a risk to Musqueam s ability to fish, as it increases the tanker traffic, and creates another structure within the congested river, which impedes the aquatic resources ability to move upstream. ii. This will impact the actual practice of going out and fishing and catching Musqueam s ability to take youth out on the water and teaching them the cultural practices and traditions if these structures continue to be built in the river we will not be able to do that in the future. iii. Access and other resources will be negatively impacts; crab, shellfish, migratory and resident birds. (d) Structures, sites or things of historical, archaeological, pathological or architectural significance: i. This project has the possibility of negatively impacting historical fishing areas; as well as access egress to village sites, significant archaeological sites, and resources nearby. 3. If you expect the Project may impact your potential or establish Aboriginal rights, Please describe how. - Musqueam, unlike any other First Nation that fish in the Fraser River, has a proven right (under Sparrow) to fish established under section It is important to note that there may be additional impacts revealed by preliminary EA studies. - The Canadian Environmental Assessment Agency should provide copies and or summaries of any preliminary studies done to date and provide consultation funds for the Musqueam Indian Band to review. - The project area is an important area to catch crab it is important to look at the existing rights of way with Roberts Bank Terminal, as the creation of a new right of way will be built on top Musqueam s fishing grounds, which will increase habitat loss and will cause a direct interference with Musqueam s aboriginal right to fish, which will require justification and accommodation.

5 Robyn McLean Canadian Environmental Assessment Agency West Georgia St Vancouver BC, V7Y 1C6 RE: Information to Inform the Determination of EA Requirements, Robert s Bank Terminal 2 Project - Port Metro Vancouver Aboriginal Group: Métis Nation British Columbia (MNBC) EA Contact Name: Christopher Gall, A/Director of Natural Resources Address: Simpson Road, Abbotsford BC, V2T 6C7 Telephone: Fax: cgall@mnbc.ca MNBC currently represents over 8500 Powley compliant Citizens (1000+ more/year) in British Columbia, with the highest number residing in the Lower Mainland region of the province. There are over 2100 MNBC citizens in the Lower Mainland Region. All of the six (Fraser Valley Métis Association, Golden Ears Métis Society, Chilliwack Métis Association, Waceya Métis Society, North Fraser Métis Society, Nova Métis Heritage Association) Métis Chartered Communities within this region could be impacted by the construction, operation, and closure of proposed of the project. Both the North Fraser Métis Society based in Richmond and Nova Métis Heritage based in Surrey, are communities within the Robert s Bank Terminal project area. As an Aboriginal rights holding group identified by the Canadian Environmental Assessment Agency (CEAA) and therefore the federal crown, and affirmed by s. 35 (2) of The Constitution Act 1982, MNBC would like to bring forth the following written submission. 1. The potential adverse environmental effects that are of importance to MNBC include: Impacts to crab (and other shellfish) health, populations, and habitats Impacts to fish health, populations, and habitats Impacts to migratory bird health, populations, and habitats Impacts of coal dust in aquatic and surrounding terrestrial ecosystems Air quality and noise conditions (impact to both marine and terrestrial wildlife, as well as humans) Increased traffic (both aquatic and terrestrial) Potential spills The Métis Nation British Columbia, first incorporated under the Society s Act on October 23, 1996, is recognized by the provincial and federal government and the Métis National Council as the official governing organization in the province of British Columbia, representing over 8,000 provincially registered Métis citizens and a population of nearly 70,000 self-identified Métis people.

6 2. Resource harvesting is a significant part of Métis culture. If certain resources are no longer available or are adversely affected by the proposed project then certain aspects of Métis culture may be negatively affected. MNBC maintains a harvester database of Métis use from voluntary submitted surveys. From MNBC s harvester database there is evidence of resource use in management units 2-4. The data states that resource use includes salmon, trout, coastal blacktail deer, ducks, geese, squirrel, berries and medicinal plants in management unit 2-4 and the project area. This resource use is from multiple Métis harvesters over many years. The MNBC harvester database also shows evidence of harvest use in neighbouring management units. The neighbouring management unit 2-16 provides consistent blacktail deer harvests for Métis. The harvest of blacktail deer and black Bear also takes place off the mainland in next-door management units 1-1, 1-2, and 1-4. Our harvester data show that salmon, trout, bottom fish, shellfish, along with berries and various medicinal plants are harvested in MU 1-1. As transport of material from this project would have to go through management unit 1-1, MNBC would need to become more familiar with the scope and footprint of the project to better asses impacted resource use. MNBC hopes its limited data is enough to begin the consultation process where eventually complete land use information can be collected, documented, and shared with CEAA and the proponent. MNBC and BCMANR will work cooperatively to ensure that its Métis Citizen s Aboriginal rights are respected and appropriately addressed. MNBC will work diligently and in good faith to protect all the natural resources that Métis people have and continue to rely on as a way of life and cultural connection. MNBC s vision is to build a proud, self-governing, sustainable Nation in recognition of the inherent Rights of our Métis Citizens. MNBC s mandate is to develop and enhance opportunities for our Métis communities by implementing culturally relevant social and economic programs and services through Teamwork, Respect, Dedication, Accountability, Integrity and Professionalism. Sincerely, Christopher Gall, Acting Director of Natural Resources Métis Nation British Columbia The Métis Nation British Columbia, first incorporated under the Society s Act on October 23, 1996, is recognized by the provincial and federal government and the Métis National Council as the official governing organization in the province of British Columbia, representing over 8,000 provincially registered Métis citizens and a population of nearly 70,000 self-identified Métis people.

7 T SAWWASSEN FIRST NATION s~awa8an masteyaxw October 16, 2013 Canadian Environmental Assessment Agency PO Box Suite West Georgia Street Vancouver, BC V7Y 1C6 Attention: Usa Walls, Regional Director Dear Ms Walls: Re: Environmental Assessment of the Proposed Roberts Bank Terminal 2 Project We write with respect to the letter we received from Lisa Walls, dated 23 September 2013 regarding the proposed Roberts Bank Terminal 2 Project (the "Proposed Project''). It is our understanding that in determining the need for a Federal Environmental Assessment In accordance with section 10 of the Canadian Environmental Assessment Act, 2012, the Agency will give full and fair consideration to the views of the Tsawwassen First Nation (TFN). Based on the information that we have received in respect of the Proposed Project to date, it is our initial view that it can reasonably be expected to have adverse environmental effects on the residents of Tsawwassen Lands, Tsawwassen Lands, or TFN interests as set out in the Tsawwassen Final Agreement. As you are aware, the Proposed Project will rely on the transportation routes, Delta port Way and the BC Rail Line, which bisect Tsawwassen Lands. TFN is very concerned with the direct, indirect, and cumulative effects of increased transportation in an area that already experiences high traffic volumes. We have completed a preliminary review of the Proposed Project as described in the executive summary prepared by PMV and dated September 2013 (attached to your letter of 23 September 2013). The following comments are provided in accordance with your request. In addition to the general comments set out above, we have a number concerns about the Proposed Project relating specifically to TFN's rights and interests pertaining to socio-economic and natural resource matters. The following items are to be considered a preliminary list of TFN concerns that, at a minimum, we would expect to see addressed in a formal environmental assessment of the Proposed Project. Concerns of Interest to TFN PMV has, in the executive summary, identified a number of potential adverse effects of the project. Each of these is presented (in italics), together with a general description of the connection to TFN rights and interests.

8 Coastal Geomorphology and.w ater and Sediment Quality- TFN is very concerned about impacts to these parameters as they have direct linkages to our quality of life and opportunities to exercise Tsawwassen Rights. Of particular concern is the impact of this proposal on sedimentation on the foreshore oftfn's lands -lands already impacted by port and ferry causeway development. Underwater Noise- TFN is very concerned about adverse effects of underwater noise on biota in the Salish Sea. Marine Vegetation- Marine vegetation is a key structural and biological component of the brackish marsh and eelgrass ecosystems of the Fraser Delta. Furthermore, the TFA enshrines our right to gather plants in an area that overlaps with the Proposed Project footprint. TFN is very concerned about potential impacts to the brackish marshes and eelgrass beds of the Delta. Marine Invertebrates - Harvests of crab (defined as 'Fish' by the Fisheries Act and the Tsawwassen Final Agreement) and bivalves are very important to TFN. The TFA enshrines our right to harvest marine invertebrates in an area that overlaps with the Proposed Project footprint. Any impacts to marine invertebrates, their habitat, or our opportunity to harvest marine invertebrates are of great concern to TFN. Of particular concern is the area immediately adjacent to the deep-water shelf, which is where this project is proposed. Marine Fish- Harvests of marine fish are very important to TFN. The TFA enshrines our right to harvest marine fish in an area that overlaps with the Proposed Project footprint. Any impacts to marine fish, their habitat, or our opportunity to harvest marine fish are of great concern to TFN. Of particular concern is the impact of this development on TFN's ability to access fishing and harvest areas. Marine Mammals- As sentinels of the health of the Salish Sea and as animals with important social and ceremonial values to TFN, TFN is very concerned about any adverse effects of the Proposed Project on marine mammals. Coastal and Migratory Birds and Waterfowl- Migratory birds are very important to TFN for food, social, and ceremonial purposes. The TFA protects our right to harvest migratory birds in an area that overlaps with the Proposed Project footprint. Any impacts to migratory birds, their habitat, or our opportunity to harvest migratory birds are of great concern to TFN. Potential Discharges and Wastes- TFN is very concerned about any discharges and wastes that result from the proposed project, and the implications of such for the environment and/or our people. Potential Heritage and Archaeological Effects -As inhabitants of the land and uses of the marine waters immediately adjacent to the Proposed Project, TFN is very concerned about potential adverse effects on heritage and archaeological interests. Potential Health Effects- As inhabitants of the land and uses of the marine waters immediately adjacent to the Proposed Project, TFN is very concerned about potential adverse effects on human health. Air Quality- As inhabitants of the land and uses of the marine waters immediately adjacent to the Proposed Project, TFN is very concerned about potential adverse effects on air quality.

9 Noise- As inhabitants of the land and uses of the marine waters immediately adjacent to the Proposed Project, TFN is very concerned about potential adverse effects of noise on our people and the environment. Visual and Lighting- As inhabitants of the land and uses of the marine waters immediately adjacent to the Proposed Project, TFN is very concerned about potential adverse effects of light pollution and visual aesthetics of the Proposed Project. Invasive Species -As the direct neighbours of the Proposed Project, TFN has significant concerns respecting the impact of invasive species- of all types- from increased international shipping traffic. These invasive species have already begun to have a direct and harmful impact on traditional and native species, some of which are of cultural importance to TFN. Additional Concerns of Interest to TFN The executive summary of the Proposed Project describes what we believe are only a portion of the potential effects of the Proposed Project. In our view this list is incomplete and does not address the full scope of issues that must be assessed in order that impacts to the rights and interests of TFN a properly assessed. With a view to rectifying this, and as per your request in your letter to TFN, we have identified a number of potential effects to TFN that we feel must be addressed in the environmental assessment of the Proposed Project. The Project Area, as shown in Figure 3.0 of the executive summary must be expanded. In addition to what has been identified as the 'Project Area' in Figure 3.0, the TFN has concerns regarding road and rail between Highway 17 (and vicinity in the case of the BC Rail Line) and the proposed terminal. Accordingly, transportation along that corridor must be within the scope of the environmental assessment for the Proposed Project. The executive summary (p. xxxiii) states: It is anticipated that potential biophysical effects resulting from the Project will be limited primarily to federal and provincial Crown lands in the vicinity of Roberts Bank, with some effects potentially detectable in United States {US) marine waters and at Point Roberts in Washington State. Considering that the transportation corridor bisects TFN lands and the shoreline on both sides of the causeway is TFN lands, impacts to TFN lands must be included here. In addition, the Tsawwassen Fishing Area, Tsawwassen Bivalve Fishing Area, and Tsawwassen Migratory Bird Harvest Area must be listed as those lands that could experience adverse biophysical effects. The executive summary (p. xxxiv) states: The Project is not expected to affect terrestrial wildlife and vegetation norfreshwater fish and their habitat. In light of our identifying the need to expand the spatial scope of the assessment to include a portion of the terrestrial transportation corridor, we submit that the scope of the assessment must be expanded to include terrestrial wildlife, vegetation, and freshwater fish and their habitat. We note that the executive summary is silent on the matter of how or whether cumulative impacts will be addressed. The matter of cumulative impacts is of perhaps the greatest concern to TFN considering the extent and magnitude of the cumulative impacts of past, present, and forseeable future developments in the Tsawwassen Traditional Territory.

10 We note that the executive summary presents a section on economic benefits. We would expect that not only the positive effects of the project be assessed, but also any negative ones as well. Consideration of such effects must directly address the rights and interests of TFN. Finally, we note that the executive summary does not present any indication that marine shipping impacts (direct, indirect, cumulative, operational, accidents/malfunctions) will be assessed. We expect that a formal environmental assessment of this large project must include impacts of shipping (we note that in B.C. it is now common practice for environmental assessments of marine terminal projects to include shipping within the scope of the assessment). Closlna Your letter requested that we provide the Agency with contact information for staff or other representatives who are authorized to coordinate consultation activities and information-sharing on behalf of the TFN. In that regard, please direct all correspondence to Tom McCarthy A/CAO. We look forward to receiving your response to our concerns in respect of the Proposed Project, as outlined in this letter. Yours truly, Tsawwassen First Nation Gover9J11ent Bryce Wfrliams, Chief cc: Robin Silvester, President and Chief Executive Officer, Port Metro Vancouver Robyn Mclean, Canadian Environmental Assessment Agency Chris Hamilton, B.C. Environmental Assessment Office Cliff Stewart, Director, Infrastructure Development, Port Metro Vancouver