by Richard Fletcher Non-profit Friends of Davie Bay (FDB) is expecting a decision on its appeal concerning a new limestone quarry for Davie Bay, Texada Island.
In its 2009 Notice of Work, Lehigh Northwest Minerals stated the Davie Bay quarry has over 100 million tons of mineable reserves in an area covering about 80 hectares. The plans include a 433-metre-long loading ramp extending over Davie Bay to an island offshore with a loading capacity of 2,500 tons per hour. Lehigh states an annual production of 240,000 tons per year, below the threshold of 250,000 tons per year, which would trigger an environmental assessment of the project through BC Environmental Assessment Office (BC EAO).
BC EAO follows the practice of interpreting “production capacity” as what the proponents say they will produce, and not the footprint of the quarry and potential for large-scale environmental harm. So the Notice of Work went to the Ministry of Energy and Mines; BC EAO was not involved because the threshold was not triggered. The Davie Bay quarry was approved without an environmental assessment and Lehigh obtained permits in 2010.
FDB is asking the courts to require BC EAO to conduct an environmental assessment. The basis of the case is described in David Perry’s June 14, 2011 summary, “Overbuilt Quarry Avoids Environmental Assessment”.
About half of the proposed quarry is on Crown land and there is substantial proposed disturbance to the foreshore and seabed. Davie Bay and the offshore islands comprise an area of outstanding natural beauty, host to important aquatic species and fauna, and in the middle of a rockfish conservation area. The caves and karst in the Davie Bay area have been described as one of the most notable examples between Washington and Alaska.
West Coast Environmental Law, which has supported FDB from the outset, has recognized that the Davie Bay case highlights problems with environmental assessment laws (www.wcel.org/category/keywords/davie-bay).
FDB has pointed out that where there is an amendment to an existing quarry permit, BC EAO does not consider the increase in tonnage produced for purposes of environmental assessment thresholds. In other words, there is an incentive in the BC Environmental Assessment Act on BC EAO’s interpretation to establish a large infrastructure at the outset with the knowledge that production could be ramped up at a later date with no environmental assessment required.
When the case went to BC Supreme Court in February last year, the court gave its own reasons why this practice was reasonable but could not explain the flaw in the environmental protection regime. The case most recently went to the Court of Appeal on January 18. If the judges decide against FDB it means that there is a significant flaw in the BC Environmental Assessment Act regime.
Richard Fletcher is a director of Friends of Davie Bay, a non-profit society on Texada Island. He is a former director of the BC Utilities Commission, Vancouver, and a vice-president, senior analyst, Moody’s Investors Service, NY, based in London, England.
