Tsilhqot in National Government Closing Remarks

Transcription

1 Tsilhqot in National Government Closing Remarks New Prosperity Federal Panel Review Closing Remarks Session, August 23, 2013 Williams Lake, B.C. Photo: Garth Lenz

2 Can Fish Lake Be Maintained? Important to recognize unique situation 2 goals for Taseko potentially in conflict 1. operating an economically efficient mine 2. preserving Fish Lake The EIS needed to prove that #2 can be attained.

3 3 Objectives to Achieve Goal #2 1. Maintain water quality within natural variation; 2. Maintain biological community (species diversity, structure and function) 3. Maintain water volumes and levels to maintain fish habitat

4 3 Serious Risks 1. Contaminated groundwater from TSF seepage 2. Changes to water quality and biological community as a result of recirculation scheme 3. Loss of water through hydraulic connection to the pit such that fish habitat is affected.

5 Problems with the EIS Baseline Information Insufficient and non-reliable baseline data to describe: Climate and surface water features hydrogeology and groundwater pathways water quality for streams and lakes Fish Lake aquatic ecosystem (composition, structure and function)

6 Problems with the EIS Deficiencies in Analysis Insufficient explanation and transparency about methods used for predictions: source term geochemistry drainage issues underestimated; lag-times overestimated groundwater flow pathways and rates seepage rates from the TSF impoundment down-gradient water quality changes to the Fish Lake and adjacent water bodies such as the Big Onion and Wasp Lake, lower Fish Creek, and the Taseko River

7 Groundwater 2 Fatal Flaws Insufficient site hydrogeologic data to properly understand groundwater systems including preferential flow paths that would enhance seepage flows to Fish Lake Seepage modeling is based on extrapolated and old data and non-conservative assumptions because the proponent did not collect sufficient new, site-specific groundwater data

8 Groundwater...the lack of reliable data and robust analyses in the EIS and supporting documents is so profound and extensive that it indicates an apparent inability or unwillingness by the proponent to conduct its work consistent with the panel's established guidelines and best professional practices. [Watterson Report]

9 Groundwater Groundwater, the receiving environment, fish and fish habitat in the Fish Creek basin, Big, Little Onion and Wasp Lakes, Beece Creek and adjacent Taseko River are exposed to a high level of environment risks from the proposed mining program, about which extraordinary levels of uncertainty exist, [Watterson Report]

10 Seepage Contamination Proponent underestimated seepage from TSF NRCan estimates TSF seepage 11x greater NRCan concludes that the proponoent s estimates of seepage should be considered unreliable; Since these estimates are used as inputs in WQ and water balance models, the results from these models should also be ignored

11 Water Quality Models 2 models used to predict future WQ SRK model predicted WQ for Fish Lake and upper tribs KP model looked at WQ in other lakes Issues: SRK model description never provided so no way to evaluate it.

12 SRK WQ Report For Fish Lake 564 Graphs

13 Fish Lake Ecosystem Predictions Proponent used SRK results as inputs for predictions on Fish Lake biological community Can t evaluate the model as SRK WQ inputs cannot be evaluated. Stockner and Brandt conclude proponent has completely misunderstood the lake biological community; Nutrient loading through recirculation scheme will cause toxic algal blooms that will consume all the oxygen fish need; Fish population will be dead in a decade.

14 Mitigation TSF Seepage Ditches, collection ponds, and interception wells; Conceptual only; no actual hydrogeological information sufficient to design the system; NRCan says proponent s analysis regarding well system and its recovery effectiveness should be disregarded; Significant seepage will flow to deep groundwater and won t be recoverable; Deep groundwater seepage will daylight in Big Onion Taseko watersheds.

15 Fish Lake Recirculation No precedents provided by proponent; No evidence that water treatment will work; The affect of treatment on Fish Lake water never modeled. TNG (Dr. Freed) modeled the effects of water treatment for Fish Lake proved that it cannot achieve the BC Guidelines; EC & Kuipers says novel and unproven technology; No costs provided; very expensive; likely not economically achievable.

16 Fish Lake Interaction with Pit Taseko collected no new drill data for zone between pit and lake; no new pump tests A single pump test from 1994 showed high water flows in high conductivity rocks between lake and the pit Taseko rejected these results NRCan and Watterson maintain that high flow conduits exist, and that upper limit of seepage through this conduit could be equal to max. pit dewatering rates

17 Fish Lake Pit Interactions Clear evidence of a high conductivity zone between lake and the pit. No investigative work done by Taseko You need to test the entire formation in a very aggressive way in order to probe its boundaries, and that would be typically something that is expected when you conduct a test beside a lake. NRCan [CEAR 773. p.108]

18 Lake Pit Interactions I think the proponent has been very remiss in that respect in disregarding the data from the 1994 pump text and not proceeding with a new test. this would have been a key element of information to obtain at this stage in order ot make meaningful predictions of groundwater surface water interactions in vicinity of the pit and lake. NRCan [CEAR 773]

19 Mitigation Insufficient information to demonstrate technical & economic viability for: key operating and closure measures (including the TSF embankment depressurization pumps and groundwater collection system maintaining water cover on the PAG pile in perpetuity Fish Lake water recirculation and treatment post-closure site water treatment

20 CULTURAL IMPACTS

21 Precautionary Approach Mandated by CEAA 2012, s. 4(1)(b). Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost effective measures to prevent environmental degradation (United Nations, 1992).

22 Precautionary Principle Precautionary Principle means the application of prudent foresight, the recognition of uncertainty, and, when decisions must be taken, to err on the side of caution. - Previous Panel Terms of Reference

23 Precautionary Approach in the EIS Guidelines for New Prosperity The Proponent shall: demonstrate that all aspects of the Project have been examined and planned in a careful and precautionary manner in order to ensure that they do not cause serious or irreversible damage to the environment and/or the human health of current or future generations. - EIS Guidelines, p. 5.

24 Adaptive Management CEAA Operational Policy Statement: If, taking into account the implementation of mitigation measures, there is uncertainty about whether the project is likely to cause significant adverse environmental effects, a commitment to monitor project effects and to manage adaptively is not sufficient.

25 Adaptive Management CEAA Operational Policy Statement: A commitment to implementing adaptive management measures does not eliminate the need for sufficient information regarding the environmental effects of the project, the significance of those effects and the appropriate mitigation measures required to eliminate, reduce or control those effects.

26 Mitigation Section 16 of the Act [now s. 19(1)(d)] requires every type of EA to consider measures that are technically and economically feasible, and that would mitigate any significant adverse environmental effects. it is insufficient to assert that implementation of an unidentified future measure, developed as a result of adaptive management, constitutes mitigation of a predicted adverse environmental effect.

27 Cultural & Spiritual Impacts The Panel must consider Aboriginal Traditional Knowledge (ATK) [Amended TOR, s. 2.3] ATK informs evaluation of environmental effects and the determination of their significance [CEAA Policy] ATK includes knowledge about the land and its resources, spiritual beliefs, language, mythology, culture, laws, customs and medicines [CEAA Glossary]

28 Cultural & Spiritual Impacts Cultural Heritage : cultural heritage resource is a human work or a place that gives evidence of human activity or has spiritual or cultural meaning, and that has historic value [CEAA Reference Guide]

29 Cultural Impacts: Destruction of Y anah Biny & Nabas Meadows

30 Ehrhart-English Report (1994) [t]he most significant area of spiritual attachment is the Little Fish Lake area The range of emotion associated with these sites [the cabins] is very strong, complex and powerful this area is considered home to certain families [l]oss of this area will significantly impact on this family and the Nemiah Band in general

31 Cultural Impacts: Destruction of Y anah Biny & Nabas Meadows Permanent destruction of Tsilhqot in cultural heritage Permanent destruction of Tsilhqot in fishery Permanent severing of deep connection to Tsilhqot in homestead Permanent loss of grazing lands Significant and immitigable impact on Tsilhqot in cultural heritage and cultural use.

32 Cultural Impacts: Project Footprint and No Shooting Zone

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34 Cultural Impacts: Project Footprint and No Shooting Zone The Panel heard substantial information regarding the significant number of Tsilhqot in members who continued to use the area of the proposed mine site for activities such as hunting, fishing, gathering of berries, plants and medicines, as well as for cultural and spiritual ceremonies and activities. - Panel Report, p. 202

35 Cultural Impacts: Project Footprint and No Shooting Zone Directly lost or destroyed: 50% to 90%+ of harvesting areas for many plants and medicines. 40%+ moose & deer hunting grounds 100% of trapping areas for some species > 55% of harvesting areas for most other trapped species

36 Cultural Impacts: Project Footprint and No Shooting Zone The destruction of, and displacement from, core hunting, trapping and gathering areas = Significant and immitigable environmental effect on Tsilhqot in current use of lands and resources for traditional purposes.

37 Cultural Impacts: Loss of Teztan Biny to an Industrial Zone Noise Blasting Access restrictions Light Dust Activity Industrial traffic Aesthetic impacts Continuous sensory disturbance, day and night

38 Cultural Impacts: Loss of Teztan Biny to an Industrial Zone Noise effects during operation predicted to be: Adverse, high magnitude, continuous in frequency and long-term [EIS, p. 588] This is based on: - rural ambient baseline - Daytime occupation only - Indoor, rather than outdoor exposure

39 Cultural Impacts: Loss of Teztan Biny to an Industrial Zone Industrialization of Teztan Biny would eliminate its value for: Community gatherings Cultural transmission Ceremonial and spiritual practices Significant, high magnitude, long-term and immitigable impact on Tsilhqot in current use

40 Cultural Impacts: Avoidance of Greater Nabas Region I want to state unequivocally that the mine going ahead will represent a contaminated site in the minds of the Xeni Gwet'in People whether anything happens or not... If the mine proceeds, the perception of contamination of the water, land, animals and plants is all pervasive. - Shari Hughson, Community Health Worker

41 Cultural Impacts: Avoidance of Greater Nabas Region Perception of risk is not unreasonable Risk tolerance has a cultural component, rooted in world view and belief system All indications are that monitoring and education programs will not change perception or behaviour Significant, permanent and immitigable impacts on Tsilhqot in current use

42 Significance of Cultural Impacts Cultural Keystone Place Deep ancestral connection One stop shop/accessibility Cultural Transmission Importance to traditional diet

43 Significance of Cultural Impacts Last intact area east of the Taseko River Plummeting moose populations Last, best place for Tsilhqot in culture

44 Impacts on Aboriginal Rights & Title Proven Aboriginal rights to hunt, trap & trade Established Aboriginal rights to fish & gather Asserted Aboriginal rights to conduct cultural and spiritual ceremonies at Teztan Biny Asserted Aboriginal title Significant impacts on proven and asserted Aboriginal rights & title

45 Impacts on Aboriginal Rights & Title The Aboriginal consent spoken of in Delgamuukw is appropriate only in cases of established rights, and then by no means in every case [Haida, para. 48] full consent of [the] aboriginal nation on very serious issues. [Haida, para. 24]

46 Justification Overwhelming Tsilhqot in opposition Inequity of benefits vs. costs Profound environmental, social, cultural costs borne by XG, Tsilhqot in Minimal benefit - ECDA benefits uncertain - Benefit sharing/jobs uncertain No amount of money can compensate for magnitude of loss

47 Justification Cultural values: I think you're looking at two different societies, two whole different value systems. - Tribal Chair, Chief Joe Alphonse I would guarantee that if you would ask, or even had a conversation with any of our youth they would choose our culture, our language as a first priority [T]hey would choose our culture, our tradition, over these jobs any day. - Peyal Laceese, Youth, Tl esqox

48 Justification The layers of issues that we have to contend with, and what's going to get us there is going back to our culture, not getting away from our culture For happiness to get past residential schools and past the Tsilhqot'in War we need our spirituality back, our culture back Now today the revival, the awakening of our culture is in full bloom That's the journey our nation is on and that's what this company is talking about, disrupting that. That's a huge impact. We're not ready for a mega-project like that. - Tribal Chair, Chief Joe Alphonse