BC’s two-faced approach to regulation – by Doug Firby (Troy Media – August 14, 2014)

http://www.troymedia.com/

Doug Firby is Editor-in-Chief and National Affairs columnist for Troy Media.

Doug FirbyCALGARY, AB, Aug. 14, 2014/ Troy Media/ – Several organizations have egg on their faces after the tailings pond disaster in central British Columbia. But no one has more than the government of British Columbia.

Yes, Imperial Metals Corp. looks like a bad corporate citizen for failing to anticipate and prevent the collapse of the dam. The mishap unleashed an estimated 10 million cubic meters of water and 4.5 million cubic meters of ground-up rock. The local folks are still waiting to hear when it will be safe to drink the water.

B.C., however, looks even worse and here’s why. As one recent poll found, citizens trust resource industries because they believe they are highly regulated. That is, they expect their governments to protect their interests. By that measure, the bureaucrats have betrayed that trust.

Accidents don’t happen when it comes to this sort of thing. Dams don’t just collapse without warning. They do when people aren’t paying close enough attention to them. Clearly, neither Imperial Metals nor the government of B.C. were paying close enough attention to this dam.

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Flight simulator firm CAE puts mining unit up for sale as civil aviation profit soars – by Kristine Owram (National Post – August 14, 2014)

The National Post is Canada’s second largest national paper.

CAE Inc. is giving up its work underground to focus on the skies, announcing on Wednesday it plans to sell its nascent mining unit to give priority to its core businesses, including the robust civil aviation unit that provided the entirety of its first-quarter operating growth.

“There truly has never been a better time for commercial aviation,” CEO Marc Parent said at the company’s annual shareholders’ meeting on Wednesday, adding that he expects to sell 40 civil flight simulators in the current fiscal year.

Mr. Parent said global airline passenger traffic grew nearly 6% in the first half of 2014. In the United States, demand for the flight simulators that CAE makes is strong because several of that country’s airlines are in the midst of replacing their fleets. In addition, recovering demand in Europe, strong aviation growth in the Middle East and the rise of low-cost carriers in Asia are all boosting demand for simulators.

Operating income at CAE’s civil simulation and training unit rose 32% to $49.5-million in the fiscal first quarter, while operating margins jumped to 16% from 12.5% last year.

By comparison, operating income at CAE’s defence and security business, which focuses on military simulators, fell 7% to $21.9-million. Margins dropped 80 basis points to 11.1%.

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KWG subsidiary to appeal court order waiving its consent for land easement – by Henry Lazenby (MiningWeekly.com – August 14, 2014)

http://www.miningweekly.com/page/americas-home/

TORONTO (miningweekly.com) – Ontario-focused explorer KWG Resources on Wednesday announced that subsidiary Canada Chrome Corp (CCC) would seek permission from the Ontario Court of Appeal to overturn the July 30 ruling of the Divisional Court of the Ontario Superior Court of Justice that ruled that CCC’s consent should be waived in an application for an easement to build a road over its mining claims.

In its decision in the appeal brought by 2274659 Ontario Inc, a subsidiary of US-based Cliffs Natural Resources, the Divisional Court set aside the decision of the Ontario Mining and Lands Commissioner issued on September 10, granting the original application to dispense with CCC’s permission for an easement over its mining claims.

The Divisional Court, in part, said: “Whether or not it is in the public interest to grant an easement for a road is a matter for the Minister of Natural Resources to determine, after an environmental assessment and consultation with First Nations and other affected interests.

“It is for the Minister to determine whether the easement should be granted in the public interest and on what terms. CCC will be able to participate in that process.”

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Editorial: Who designed the Mount Polley tailings dam? – by John Cumming (Northern Miner – August 13, 2014)

The Northern Miner, first published in 1915, during the Cobalt Silver Rush, is considered Canada’s leading authority on the mining industry. Editor John Cumming MSc (Geol) is one of the country’s most well respected mining journalists.  jcumming@northernminer.com

It’s a week and a half after the massive tailings spill at Imperial Metals’ Mount Polley copper–gold mine in B.C.’s Cariboo region, and many unclear aspects of the disaster are coming into better focus.

Of immediate concern, the tailings have continued to flow in an uncontrolled manner out of the tailings lagoon all this time, but on Aug. 12, the B.C. government said that the flow had “decreased dramatically,” and that Imperial had begun building a temporary dike to stop the flow. Lake and river water tests outside the contaminant plume show that this water is within safe drinking water guidelines, and so most water-drinking and fishing bans in the region have been lifted, except in the immediate area of the spill.

Engineering firms are usually pretty low-key when it comes to commenting on their clients’ projects, but the extraordinary scale of the Mount Polley breach has prompted both Knight Piésold and AMEC to go public and describe their roles in designing the tailings dam and its later expansions.

Knight Piésold describes itself as the “former engineer of record of the tailings storage facility at Mount Polley,” and said that it informed Imperial that it would no longer continue in that role as of February 2011. Knight Piésold commented that during the time it acted as engineer of record, the tailings storage facility at Mount Polley “operated safely and as it was designed,” and was subjected to multiple third-party reviews.

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Following B.C. disaster, Alaskans seek tougher review of Canadian mines – by Pat Forgey (Alaska Dispatch News – August 13, 2014)

http://www.adn.com/

JUNEAU — Following a massive mine waste spill in Canada, Alaska state and Canadian federal officials are being asked to do more to protect parts of Alaska downstream of several Canadian mines.

“That water belongs to us, too,” said Rob Sanderson, a Central Council of Tlingit and Haida Indians of Alaska vice-president and co-chair of the United Tribal Transboundary Mining Workshop.

He’s most concerned about the Kerr-Sulphurets-Mitchell mine in Canada east of Ketchikan, which he said is seven times the size of the Mount Polley Mine in interior British Columbia. The breach of the latter mine’s tailings dam contaminated the watershed of Canada’s important Fraser River.

“If that ain’t an eye opener down at Mount Polley, I don’t know what is,” Sanderson said of the KSM mine risks. “Could you imagine if they had a disaster like that at KSM if it was in full production, or even half production, it would be a disaster beyond words,” he said.

But state officials are defending provincial and federal regulators in Canada, and saying their environmental protection measures are as strong as those in Alaska or the United States.

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Mount Polley mine spill: a hazard of Canada’s industry-friendly attitude? – by Peter Moskowitz (The Guardian – August 13, 2014)

http://www.theguardian.com/uk

A dam at a waste pond on the site of a British Columbia mine burst last week, releasing 4.5m cubic meters of potentially toxic slurry into virtually untouched forest

The scale of the devastation only became apparent from the air. A dam at a waste pond on the site of a British Columbia open-pit mine had burst, releasing 10m cubic meters of water and 4.5m cubic meters of potentially toxic slurry into virtually untouched forest, lakes and rivers into an area of Canada populated mostly by the indigenous First Nations peoples.

Soda Creek First Nations chief Bev Sellars took a helicopter tour to assess the scale of the disaster. “It looked like an avalanche, but avalanches don’t have toxic waste in them,” she said.

Government reports about the incident at the Mount Polley mine on 4 August have been cautiously optimistic, saying the surrounding water is likely safe to drink, and that wildlife will not be significantly impacted by the spill.

But the industry-friendly attitude that has become a hallmark of both the British Columbia and federal governments in Canada over the past decade has led to scepticism. Local activists and residents say they are waiting for data of their own to determine the safety of the surrounding environment. In the meantime, just over a week on from the spill, they are working to determine why it happened in the first place.

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Imperial Metals insurance likely not enough for dam collapse cleanup – by Gordon Hoekstra (Vancouver Sun – August 12, 2014)

http://www.vancouversun.com/index.html

Restoration costs expected to be hundreds of millions of dollars

Imperial Metal’s $15-million property and business interruption insurance coverage is likely to fall short of the cleanup cost of the collapse of its mine waste dam at Mount Polley last week.

The company also has $10 million in third-party liability insurance, triggered if a party other than the company is responsible for damage.

While Imperial Metals says it is too early to provide a cleanup cost, the collapse of the mine waste dam in 1998 of the Los Frailes lead-zinc mine near Seville, Spain, cost hundreds of millions of dollars.

Imperial Metals vice-president of corporate affairs Steve Robertson said Saturday he would be guessing at a cleanup at cost at Mount Polley. The company has, however, vowed to do all it could to “make right” the effects of the dam collapse.

“I don’t know if it’s nowhere near (enough insurance) — it would we way too early to tell,” Robertson said in an interview. A BMO Nesbitt Burns Inc. analysis pegged the cost to the company at $200 million. That does not include legal damages that could double that amount.

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Beware Hasty, Unwise Policy Decisions After Mount Polley – by Kenneth P. Green (Huffington Post – August 12, 2014)

http://www.huffingtonpost.ca/

Kenneth P. Green – Fraser Institute Senior Director, Natural Resource Studies

The pictures coming out of northern British Columbia where the Mount Polley mine tailings pond ruptured on Aug. 4 are painful to see. The fact that the site is remote, and that only a small number of people are likely to be directly affected doesn’t mitigate the visceral pain one feels at seeing images of uprooted trees, and mud-clogged streams and rivers. Humans inherently find healthy ecosystems beautiful and degraded ecosystems painful.

One also has to sympathize with the people near Mount Polley, who have been (temporarily at least) told not to consume water from their local waterways, and who fear damages to salmon and other wildlife, and damages to their livelihoods that partly depend on tourism.

In the aftermath of such incidents, it’s normal to ask what can be done to prevent this from happening again, and indeed, such questions are not only normal, they are at the heart of how we learn as human beings.

But it’s one thing to seek to learn from a disaster and it’s another thing to incite emotional responses to promote hasty, unwise public policy actions. Despite the fact that virtually nothing was known about the cause of the Mount Polley leak, only two days after the spill, the David Suzuki Foundation had set up an automatic petition portal on their website calling on the provincial government to institute a moratorium on new mine approvals, a suggestion that would imperil a substantial part of BC’s economy. This is “ready, fire, aim” policy-making.

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B.C. further rescinds water-use ban near Mount Polley mine spill – by Sunny Dhillon and Andrea Woo (Globe and Mail – August 12, 2014)

The Globe and Mail is Canada’s national newspaper with the second largest broadsheet circulation in the country. It has enormous influence on Canada’s political and business elite.

VANCOUVER — The province of British Columbia has announced that a ban on water use near the Mount Polley mine spill has been further rescinded and that fish appear to have escaped major harm – but any sense of normalcy has been offset by fear the spill could ultimately cost hundreds of area residents their jobs.

On Tuesday, a ban that at one time left up to 300 people without water to drink, bathe in or give to pets and livestock was further rescinded. Acting on positive findings in additional water tests, Interior Health said the do-not-drink order now only remains in effect for the immediate “impact zone” of the spill, where few people live.

Trevor Corneil, a medical health officer with Interior Health, said there is no reason to believe water outside the impact zone was exposed to unsafe levels of contaminants.

Environment Minister Mary Polak said “almost all” contaminants tested in water samples from Polley Lake meet federal and provincial drinking water guidelines, with the exceptions of pH and aluminum, which “slightly exceed” them.

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[B.C. tailing dam failure] Mt Polley: Snow White and the Seven Dwarfs – by Jack Caldwell (I Think Mining – August 12, 2014)

http://ithinkmining.com/

Jack Caldwell, P.E. has a B.Sc. in Civil Engineering, an M.Sc. (Eng.) in Geotechnical Engineering and a post-graduate law degree. He has over 35 years engineering experience on mining, civil, geotechnical and site remediation projects. He has worked on numerous projects throughout southern Africa, Europe, Canada and the United States.

Here are the stories of the seven dam failures that have occurred since the beginning of 2012. Six are failures of tailings facilities. The seventh is a rockfill dam. The following are extracts from technical papers that I wrote well before the Mt Polley failure. Details of the first three are available at this link: Tailings Facility Failures in 2012. Details of the remaining four are in a paper that I will present at the Tailings and Mine Waste 2014 conference in Colorado in October of this year.

There is no common thread, except possibly a failure by those responsible to understand the beast, the Wicked Stepmother, they were dealing with. If you see other common threads, then please comment.

GULLBRIDGE MINE, NEWFOUNDLAND, CANADA

The old Gullbridge mine tailings facility in Newfoundland is the responsibility of local government. Observations indicate potential problems. A respected consulting firm, Stantec, issues a report on the safety of the facility and concludes they cannot tell what is going on because of poor construction records, copious vegetation, and a lack of geotechnical data. They recommend a full investigation. But the local authorities delay, preferring to spend money on inexpensive reports in preference to expensive physical action, do nothing. The dam fails and tailings spill into the downgradient wetland. Now they are fixing the failure.

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Mount Polley dam breach not an environmental disaster: Mines Minister Bill Bennett – by Gordon Hoekstra (Vancouver Sun – August 12, 2014)

http://www.vancouversun.com/index.html

But First Nations, residents and environmentalists have ongoing concerns

B.C. Mines Minister Bill Bennett says the Mount Polley tailings dam collapse is not an environmental disaster, equating it to the “thousands” of avalanches that happen annually in B.C. Bennett, pointing to initial positive water readings, asserted his contention will be proven in the next several weeks.

Central B.C. First Nations, some area residents and Williams Lake mayor Kerry Cook have described the collapse of the dam as an “environmental disaster.”

The Aug. 4 collapse of a 300-metre section of the gravel and earth dam spewed 10 million cubic metres of water and 4.5 million cubic metres of finely ground up rock containing potentially toxic metals into Hazeltine Creek, Polley Lake and Quesnel Lake.

While the water readings in Quesnel Lake and Quesnel River have been positive, some residents, First Nations and environmentalists have raised concerns over the long-term effects of the sludge that poured into Hazeltine Creek and Quesnel Lake. It will also take longer to determine the environmental effects of the spill, including on salmon, they say.

Bennett acknowledged the dam collapse may be a mining industry, a geotechnical and a political disaster. But he said that has to be separated from the environmental effects.

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First Nations worry Mount Polley impact not as benign as claimed (CBC News British Columbia – August 11, 2014)

 

http://www.cbc.ca/news/canada/british-columbia

Aboriginal and environmental groups seek independent testing of lakes, rivers

First Nations whose traditional territories have been spoiled by the Mount Polley tailings pond failure are seeking independent reviews of environmental testing already underway.

“We are going to be looking at getting independent scientists and people to help us determine whether if the disaster is as benign as they say, said Bev Sellars, Chief of the Xatsull First Nation, or Soda Creek Indian Band. “We don’t believe it is.”

The Chief of the Williams Lake Indian Band is taking also exception to the controlled release of water in Polley Lake into Hazeltine Creek. The runoff was approved after tests confirmed water quality close to historically safe levels.

“I don’t know that anybody knows the safety of the water testing that they’re doing right now is surface,” said Chief Ann Louie. “What about the sediments? I keep saying the plug that’s sitting in front of Polley Lake is huge.”

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Welcome to Guatemala: gold mine protester beaten and burnt alive – by David Hill (The Guardian – August 12, 2014)

http://www.theguardian.com/uk

Indigenous people speak out against the Marlin mine run by Canadian company Goldcorp

“They took him and poured gasoline all over him. Then they struck a match and lit him.”

Doña A – not her real name, for security reasons – was standing up, arms crossed, lightly leaning against a ladder, and speaking in her language, Maya Mam, while a friend, a relation by marriage, translated into Spanish. There were 20 or so Mams in the room – mostly women, some children, one elderly man – and we were in an adobe-brick house in the highlands of far western Guatemala, not far from the border with Mexico, and just around the corner from an open sky and underground gold- and silver-mine called Marlin.

The Mams had gathered there – at some personal risk – to speak about the mine and how it impacts them. “Her husband was killed by workers of the company,” someone had said suddenly, meaning Doña A, “but she doesn’t speak much Spanish”, although it was quickly suggested she could talk in Mam and a friend would translate for her.

“We heard the screams and the yellings but we didn’t know what was happening,” she continued. Her husband’s two brothers were with him: they had to run away or would be burnt alive too.

“He didn’t want to die,” she said. “It was the rainy season. There was a little bit of water which he tried to jump into and the fire sort of went away.”

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Mount Polley Mine — Maybe if we tried putting red tape on the breach – by Pete McMartin (Vancouver Sun – August 11, 2014)

http://www.vancouversun.com/index.html

It’s quiet out there. Perhaps it’s chagrin. Perhaps it’s the nausea caused by the prospect of a stock plummet. But in the muddy wake of Mount Polley, you don’t hear much noise emanating from the mining industry and its government acolytes.

Yes, Mines Minister Bill Bennett assured us the disaster has caused him to lose sleep. (Poor man! Would that he was awake earlier on his watch.)

And the Mining Association of B.C., in response to Mount Polley, has affected an air of scientific curiosity, as coroners might at an autopsy. It is waiting, as was explained to the public, to see what caused the containment pond breach. Meanwhile, Angela Waterman, the association’s vice-president of environment and technical affairs, endeavoured to dampen the disaster’s impact by referring to it as “an anomaly.” (As in, “Hey, the tsunami was just an anomaly.”)

In the past, the mining industry wasn’t so shy about making noise. For years, it complained loudly and often about government interference. It’s what Jessica Clogg, the executive director and senior counsel of West Coast Environmental Law, called “the steady drumbeat for deregulation.”

Both federal and provincial governments got the message. New regimes of deregulation followed. So, eventually, did “an anomaly.”

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Mining industry at a crossroads – by Bernard von Schulmann (Mining.com – August 10, 2014)

http://www.mining.com/

There was a time not long ago in BC when the main environmental pariah in the province was the forest industry, but that is no longer so. Over the last 15 years the forest industry changed how it worked and forged serious partnerships with First Nations. It saw it had to change and it did. The sub-surface industries are now at a similar crossroads: they have to change or close up shop.

For the mining and fossil fuel energy sectors it is not a good situation to have become the number one environmental enemy, but this is made worse with how the industries deal with the public, rural communities and First Nations.

The industries could be doing a lot to improve their situation but they are acting like the BC forest industry did in the 1980s and early 90s. On top of this we have the recent Tsilhqot’in decision and the Mount Polley mine tailings pond breach.

The Tsilhqot’in decision indicates that a significant part of BC is likely to have aboriginal title and for companies to operate on that land they will need First Nations consent. That consent is much easier to achieve when there is a positive relationship. Overall the mining industry, especially mineral exploration juniors, has not worked hard to build these sorts of relationships.

The New Prosperity gold mine project in the Chilcotin has had a tough time getting approvals to be built. Taseko Mines’s relationship with the Tsilhqot’in is at best awful and this was made no better when on June 26 the company issued a press release that denied the mine site had any aboriginal title issues.

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