Council votes to create “working group” on riverbank issues, tables plan to gate access

District of Kitimat Council voted Monday five to two to create a “working group” of “concerned citizens and community groups” to consider the future of riverbank camping along the Kitimat river. The working group will consider issues such as access to the river, pollution and how to control extended camping along the river.

That vote came after council split five to two  again to defeat a motion by Councillor Mary Murphy to stop riverside camping altogether.

A proposal from District staff to put access gates at three locations, the Giant Spruce Road, the Sewage Plant and the Pump House was tabled for the time being. However, the councilors and staff marked the pump house gate as a priority for study by the engineering staff due to concerns that “the risk of fuel, oil and other contaminants (i.e. Illegal dumping ) occurring. This is the source water area for the city’s water supply, reducing access reduces contamination risks.” Staff said that unlike other portions of the riverbank, the District does “have authority under drinking water protection act to protect this area.”

Council also voted to close Hirsh Creek park immediately because the roads at the camping area were washed out by the flood last week.

Councillors noted that many people still go to Hirsch Creek after the gates are closed at the end of the season to walk dogs or hike. This results in a parking jam at the front of the gate and on busy times, cars park on Highway 37 which could endanger pedestrians.

District staff will study moving the park gate down further to a point that the road narrows near the first campsite to allow safe access for dog walkers and hikers.

The main problem facing the District of Kitimat is that most popular sites along the riverbank for campers are on provincially owned Crown land. In 2014, the former BC Liberal government passed a regulation that says people can camp on Crown land for up to 14 days. As some councillors pointed out this restriction regularly abused by some campers who stay on the riverbank for weeks, some apparently camping from Victoria Day to Labour Day.

A detail from the DoK map of who owns the riverbank shows that many of the popular camping sports along the Kitimat River are on provincial Crown land (dark green) while the municipality controls the land away from the riverbank including the access roads (brown). (District of Kitimat)

During the debate it was pointed out that often those camp on the riverbank like to “claim” a camping/fishing spot and try to prevent others from using it. “I know of a couple of fistfights,” Murphy told Council.

As Councillor Rob Goffinet pointed out, whether or not the District could place gates on municipal land to stop access to provincial Crown land would require a legal opinion.

Murphy told Council that she had received emails, blaming Kitimat for “almost drowning” some of the campers. She said that her views may be unpopular among some residents, but added, “I don’t care if I’m unpopular, I want to keep people safe.”

Councillor Larry Walker, who pointed out that he likes of fish along the river, who supported Murphy’s motion told his colleagues to get their act together and “do something about the riverbank.” He later proposed that if council does nothing, perhaps Kitimat should hold a referendum on the future use of the river bank.

The majority on Council were more cautious, while acknowledging problems. They pointed out that the many of the campers both on the east bank and on the west bank at Radley Park patronize local businesses during the summer months.

While there was wide discussion on social media before the council meeting, only three people showed up to give their opinions, mostly concerned about permitting access to the river for people with mobility issues or small children.

There were many comments and questions about how other areas police provincial Crown Land, with some saying that some places restrict access to only a couple of days. However, no one either on Council or staff had any idea of what exactly other locations are doing, if anything.

There were no details of how the working group would operate and who would participate. During the debate it was pointed out that as well as the province, participants would have to include Rio Tinto, LNG Canada and DFO. As well, Council did not set a deadline for the working group to report back.

As Murphy pointed out back in 2014, Fisheries and Oceans refused to attend a Council meeting or make a public presentations on its views of the river bank situation. (DFO snubs District of Kitimat Council for a second time )  while offering to meet with staff “they will continue to meet at an operational level to provide information on DFO’s regulatory role.”  That, of course came during the Stephen Harper administration which severely restricted any public participation by the civil service on environmental issues. Whether the Justin Trudeau government has changed that policy remains to be seen.

The campsite road at Hirsch Creek park was washed out in the flood. (District of Kitimat)

Was the rain storm an anomoly?

During the debate, Mayor Phil Germuth, pointed to the sudden onslaught of rain during Sunday and Monday September 10 and 11 and called it “an anomaly” which means that Kitimat should not overreact to the storm.

Environment Canada chart of the spike in the Kitimat River levels, as presented to District Council. (Environment Canada)

However, as The New York Times pointed out after Hurricane Harvey hit Texas, scientists have been warning for years that

Climate science has repeatedly shown that global warming is increasing the odds of extreme precipitation and storm surge flooding. Refusing to acknowledge this impairs our ability to prepare for future extreme weather and endangers American lives and property.

And another opinion article in the Times during Hurricane Harvey noted:

Scientists can now even evaluate how much climate change has increased the odds of individual extreme events, including rainfall and flooding.

As the 2015 American Meteorological Society report quoted by The Times indicates, those  unpredictable and extreme events don’t just include floods but the widespread forest fires in Alaska in 2014 and we all know how bad the fire season has been in British Columbia this year.

Report on extreme weather events

As Noah Diffenbaugh  of Standford University pointed out in The Times

Being smart about managing exposure and vulnerability is critical to reducing risks. But doing so requires acknowledging that global warming is happening, that humans are the primary cause and that the odds of catastrophes like Hurricane Harvey are increasing.

District clarifies who owns the riverbank, will debate shutting off vehicular access at Monday’s meeting

The District of Kitimat has issued a map clarifying just who owns the banks of the Kitimat River, a subject that has been debated for years, as campers have come and gone as they please.

The map issued by the District staff shows that the District of Kitimat has jurisdiction over much of the land on the east side of the river while Rio Tinto owns much of the western bank–but also does own some of the eastern bank in the lower levels.

District staff are recommending that gates be installed in three areas along the eastern bank on municipally owned land, at the Giant Spruce Road, at the Pump House and at the Sewage plant. That could cut off vehicular traffic while still allowing access for pedestrians and those who wish to fish on the river bank by getting access on foot.

The proposed locations of the gates are marked in red on the map.

 

Map showing who owns the riverbank lands with the proposed gates marked by red dots. (District of Kitimat)

You’ll find a larger version of the map, and staffs’ recommendations to District Council in the report.

DistrictofKitimatriverbankreport (pdf)

 

RCMP, Fire warn of continuing hazards after “unique” Kitimat River flood

Both the RCMP and Kitimat Fire and Rescue are warning residents to stay away from the Kitimat River until the high water recedes. As well there are likely new hazards from a possible change in the river’s path due to the high water and as well as from debris in Douglas Channel.

Both detachment commander Staff Sergeant James McLaren and Fire Chief Trent Bossance made a special presentation to District of Kitimat Council Monday night to bring council up to date on the events that began early Monday morning.

The riverbanks are still hazardous, McLaren told Council and he urged that everyone stay away for at least the next two days. Anyone going out to fish in the Kitimat Arm of Douglas Channel, may also face hazards from snags, logs and debris such as floating propane cans. Bossance told Council in reply to a question from Councillor Larry Walker.

As well, Bossance told Council that the sudden deluge that began on Sunday afternoon is “not typical at all like the regular October flooding” that may be seen on the river.

Environment Canada chart of the spike in the Kitimat River levels, as presented to District Council. (Environment Canada)

Bossance warned that due to the volume and speed of the water it is likely that some parts of the river bed and river course have changed, and that the sandbars and snag areas that people may be familiar with may have shifted.

The effects of the flood are being monitored by RCMP, Fire and Rescue, Conservation officers, Fisheries and Oceans and provincial environmental officials.

Bossance said that the consensus of those officials is that the flood situation is unique in the history of Kitimat. Environment Canada issued a severe rainfall warning at noon on Sunday.

Bossance told Council  that people who were able to leave the riverbank said that they were able to walk out at about one a.m.  By 2:30 am, the river had risen so rapidly—about four metres—that by then people were trapped and calling 911 for help. McLaren said the RCMP immediately asked for the assistance of Kitimat Search and Rescue, who then requested assistance from Terrace Swift Water Rescue. Those units rescued twelve people from the riverbank.

A helicopter was called in and rescued two people.  The helicopter then made a sweep of the river bank but found no one else in danger.

McLaren told Council that as of 7 pm Monday no one had been reported missing or overdue.

The number of flooded vehicles or vehicles swept into the river is not certain, McLaren said,  but the number is estimated between twelve and fourteen ranging from large recreational vehicles to cars.   A preliminary assessment by ICBC indicates that the damage or loss of  vehicles will be covered but that will have to be confirmed by the vehicle owners.

Bossance said that high tide was not that much of a factor since it occurred at 5:30 am. Most of the high water was runoff from the upper Kitimat River.

Of the fourteen people rescued two were Kitimat residents, the rest from out of town.  Emergency social services has assisted those needed to find housing.

The RCMP will continue increased patrols in the river area until the danger has passed.

Campers rescued from Kitimat River bank after heavy rain storm

Heavy rain and strong winds combined with high tide overnight Sunday, September 11 flooded out fishers and campers along the Kitimat River.

The RCMP say  twelve people were rescued via boat and two by helicopter, mostly along the Big Spruce bank.  The RCMP say all are currently accounted for, although police say they will have to check the riverbanks once the water levels drop in about 48 hours.

Another view of the RV that was swept into the river. (Robin Rowland/Northwest Coast Energy News)

Kitimat Search and Rescue, Kitimat Fire and Rescue, RCMP and Terrace Swift Water Rescue participated in the operation.

The RCMP is asking the public to contact them about concerns about people who may be overdue or possibly missing at 205-632-7111.

A large recreational vehicle is surrounded by swift water on the Kitimat River, Sept. 11, 2017. (Robin Rowland/Northwest Coast Energy News)

It is estimated that the river quickly rose about four metres. The rising water made it impossible for some people to retreat to the Dyke Road.

The first calls for help came to RCMP about 2 am Monday, with more around 3:30 am and the rescue began at first light about five hours later.

Environment Canada issued a heavy rainfall warning at noon on Sunday, calling for at least 66 millimetres of rain. It appears that some of the campers were either not aware of the warning or thought they could ride out the storm.

Perhaps as many as a dozen recreational vehicles were flooded or swept into the river, along with a pickup truck and a small car.

Some of those who were evacuated from the riverbanks were sheltered at the Riverlodge Recreation Centre.

Environmental and fisheries officials will be checking for any pollution in the river once conditions are safe.

The District of Kitimat is warning people to stay away from the riverbanks since the swift water can quickly destablize the soil along the river. The District has closed Radley Park and Hirsh Creek parks for the remainder of the season. The Dyke Road and Big Spruce roads are also closed.

LNG Canada looks at possible Final Investment Decision in 18 to 24 months

LNG Canada says the Kitimat liquified natural gas project “has been delayed and not cancelled” with a Final Investment Decision possible in the next 18 to 24 months, Director of External Relations Susannah Pierce  told a company sponsored community pizza party at Riverlodge on Tuesday October 18, 2016.

She paid tribute to the support for the project from Kitimat and the Haisla Nation, saying, “Thanks to you we were very close to have our shareholders take the Final Investment Decision in the New Year,” but she then added, “You also know there were some things we couldn’t control like the state of the marketplace.”

LNG Canada Director of External Relations Sussnnah Pierce updates Kitimat residents on the project at Riverlodge, Tuesday Oct. 18. 2016 (Robin Rowland/Northwest Coast Energy News)
LNG Canada Director of External Relations Susannah Pierce updates Kitimat residents on the project at Riverlodge, Tuesday Oct. 18. 2016 (Robin Rowland/Northwest Coast Energy News)

Pierce used the analogy of someone saving up to buy a car and believing that they have enough money in the bank and then the conditions change. “That is what happened to us,” she said. “You still want the car, but you just have to wait a little longer.”

Pierce said that the current program of site preparation will pause for the winter and holidays in mid-December.  After that “work will begin to wind down over the next few months and then we will preserve the site until we are ready to make the Final Investment Decision.” She said LNG Canada is studying ways to make site preservation cost effective.

“We are doing everything we can to keep our pencils sharp and keep the community informed so that when the project is approved we are ready,” she added.

She pointed out that LNG Canada has already built a fisheries habitat offset in preparation for  full development of the site.

LNG Canada and its partner shareholders are keeping a close eye on the developments of the natural gas market in Asia and Pierce said, “We do expect to be sending LNG to the Asian market in the next decade, so 2023 and beyond is what we’re talking about.”

She said that the Final Investment Decision when it comes will bring opportunities for Kitimat, the province and the whole country.

“Everyone in this room and everyone at LNG Canada is working to make this project real,” Pierce said.

“For those who are staying with us, we’re here, we’re not going anywhere and we’re going to be available to the community for an number of events. Let’s make it happen. We do have a shot at making it real but it may not happen as soon as you’d like it.”

Northern Gateway announces it will not appeal Appeal Court decision that stopped project approval, will continue “consultations”

 

Northern Gateway pipelines says the company will not appeal the Federal Court of Appeal decision that blocked the approval certificate by the Joint Review Panel and the National Energy Board because there had been insufficient consultation with First Nations.

UPDATE  Vancouver Sun reports Federal government will also not appeal decision

OTTAWA — The federal government is joining Enbridge Inc. in not appealing a Federal Court of Appeal ruling quashing a 2014 Conservative decision to approve the $7.9 billion Northern Gateway pipeline, Postmedia has learned.

 

John Carruthers, President of Northern Gateway said in a news release, “We believe that meaningful consultation and collaboration, and not litigation, is the best path forward for everyone involved. We look forward to working with the government and Aboriginal communities in the renewed consultation process.”

Northerngatewayroutemapdec2012w

Northern Gateway news release

VANCOUVER, Sept. 20, 2016 /CNW/ – Northern Gateway will not appeal a recent Federal Court of Appeal decision that reversed the project’s federal approval certificate. The Federal Court of Appeal found that the National Energy Board’s Joint Review Panel recommendation was acceptable and defensible on the facts and the law. The Court, however, concluded that further Crown consultation is required.

Northern Gateway supports the path outlined by the Federal Court of Appeal for the Federal Government to re-engage with directly affected First Nations and Métis communities to ensure thorough consultation on Northern Gateway is undertaken.

Statement from John Carruthers, President, Northern Gateway:

Ray Philpenko
Northern Gateway’s Ray Philpenko gives a presentation on pipeline leak detection to Kitimat Council, Feb. 17. 2014. (Robin Rowland/Northwest Coast Energy News)

“We believe that meaningful consultation and collaboration, and not litigation, is the best path forward for everyone involved. We look forward to working with the government and Aboriginal communities in the renewed consultation process. We believe the government has a responsibility to meet their Constitutional legal obligations to meaningfully consult with First Nation and Métis. It also reflects the first priority of Northern Gateway and the 31 Aboriginal Equity Partners to build meaningful relationships with First Nation and Métis communities and ensure their voice is reflected in the design of the project.

We believe that projects like ours should be built with First Nation and Métis environmental stewardship, ownership, support, and shared control. Northern Gateway, the Aboriginal Equity Partners, and our commercial project proponents remain fully committed to building this critical Canadian infrastructure project while at the same time protecting the environment and the traditional way of life of First Nation and Métis and communities along the project route.

In order to encourage investment and economic development, Canadians need certainty that the government will fully and properly consult with our nation’s Indigenous communities. We look forward to this process and assisting those communities and the Federal Government with this important undertaking in any way we can.

The economic benefits from Northern Gateway to First Nation and Métis communities are unprecedented in Canadian history. As part of the opportunity to share up to 33 percent ownership and control in a major Canadian energy infrastructure project, the project’s Aboriginal Equity Partners will also receive $2 billion in long-term economic, business, and education opportunities for their communities.

The project would add over $300 billion to Canada’s gross domestic product over the next 30 years, 4,000 construction jobs and 1,000 long-term jobs, $98 billion in tax revenue, and an estimated $100 million investment in community programs and services. Northern Gateway will provide a badly needed multibillion dollar private infrastructure investment in Canada’s future.”

Statement from the Aboriginal Equity Partner Stewards (Bruce Dumont, President, Métis Nation British Columbia; David MacPhee, President, Aseniwuche Winewak Nation; Chief Elmer Derrick, Gitxsan Nation Hereditary Chief; Elmer Ghostkeeper, Buffalo Lake Métis Settlement):

“We support Northern Gateway’s decision to not appeal the recent decision by the Federal Court of Appeal. This is a reflection of the commitment to the new partnership we are building together and their support of meeting Constitutional obligations on government to consult.

The Federal government has publically stated they are committed to reconciliation with First Nation and Métis communities. As such, we are now calling on this same government to actively and fully undertake the required consultation as directed by the Federal Court of Appeal in relation to the Northern Gateway project.

The Aboriginal Equity Partners is a unique and historic partnership that establishes a new model for conducting natural resource development on our lands and traditional territories. We are owners of Northern Gateway and are participating in the project as equals.

Environmental protection remains paramount and as stewards of the land and water, and as partners in this project, First Nation and Métis communities have a direct role in the environmental protection of the lands, waters, and food sources along the pipeline corridor and in marine operations. Our traditional knowledge, science, and values will be used to design and operate land and coastal emergency response to make the project better. We believe with this project there is an opportunity to work together with the Federal Government to improve marine safety for all who live, work, and depend on Canada’s western coastal waters.

This ownership ensures environmental stewardship, shared control, and negotiated business and employment benefits. Collectively, our communities stand to benefit from more than $2 billion directly from this Project.

Our communities need the economic and business benefits that Northern Gateway can bring. We are focused on ensuring our communities benefit from this project and are actively involved in its decision making so we can protect both the environment and our traditional way of life through direct environmental stewardship and monitoring.

Our goal is for Northern Gateway to help our young people to have a future where they can stay in their communities with training and work opportunities. We remain committed to Northern Gateway and the opportunities and responsibilities that come with our ownership. We also remain committed to working with our partners to ensure our environment is protected for future generations.”

 

National Geographic maps Haisla and other First Nations’ traditional territory, pipeline routes and BC ‘s wild salmon

The September issue of National Geographic includes a large map of British Columbia it calls “Claiming British Columbia.”

natgeohaisla3
(National Geographic)

The map has three themes: First Nations’ traditional territory, the routes of proposed pipeline projects, both LNG and diluted bitumen, and it features a sub map that looks at what the map calls the “Troubled Salmon” fishery.

The cartographers at National Geographic are being very careful, avoiding such troubling issues as competing land claims among First Nations, unresolved land claims with the federal and provincial governments and treaty status.

natgeohaisla
(National Geographic)
(National Geographic)
(National Geographic)

So by and large the map groups First Nations by language group unless there are definite treaty or reserve boundaries. Large reserves under the Indian Act are on the map, but given the post stamp size of many reserves in British Columbia, those reserves are too small to be seen on the map. Towns and cities are identified as “First Nations” communities which often overlap with settler communities. Again the map misses many smaller communities, so Kitimat is on the map, while Kitamaat Village is not.

(National Geographic)
(National Geographic)

The map identifies Haisla traditional territory as “Xenaksilakala/Xa”islakala” and also includes the Kitlope Heritage Conservancy Protected area.

The article in the September issue is called The Pacific Coast, but unfortunately there is not much of a tie-in with the map, since it concentrates on California and Alaska with only a passing mention of British Columbia.

On the obverse side of the map is the poster that is promoted on the magazine cover, a beautiful painting of “The Changing Pacific Coast” which covers kelp and every creature from phytoplankton and zooplankton all the way to humpback whales and sea gulls (but for some reason no bald eagles). It is likely that poster will be on display in classrooms up and down the coast before school opens next week.

LNG Canada postpones Final Investment Decision

LNG Canada has postponed the Final Investment Decision on the Kitimat project citing the “impact of global industry challenges.”  The latest estimates said that the project would cost $40 billion.

The news release says that despite strong community support and regulatory approval,  what LNG Canada called “the context of global industry challenges, including capital constraints” led to the decision. In other words, the continued low price of oil is constraining projects across the energy industry.

LNG Canada’s Joint Venture Participants Delay Timing of Final
Investment Decision

Impact of global industry challenges, despite strong project fundamentals

Vancouver, British Columbia — Today, LNG Canada announces that its joint venture participants –  Shell, PetroChina, Mitsubishi Corporation and Kogas – have decided to delay a final investment decision on LNG Canada that was planned for end 2016.

LNG Canada remains a promising opportunity – it has strong stakeholder and First Nations’ support, has achieved critical regulatory approvals, has important commercial and engineering contracts in place to design and build the project, and through its pipeline partner Coastal Gas Link, has received necessary environmental approvals and First Nations support along the pipeline right-of-way.

“Our project has benefitted from the overwhelming support of the BC Government, First Nations – in particular the Haisla, and the Kitimat community. We could not have advanced the project thus far without it. I can’t say enough about how valuable this support has been and how important it will be as we look at
a range of options to move the project forward towards a positive FID by the Joint Venture participants,” said Andy Calitz, CEO LNG Canada.

Through their efforts to build a strong LNG sector for Canada, and a critical, cleaner energy alternative for the world, the governments of British Columbia and Canada have developed sound fiscal and regulatory frameworks for success.

LNG-Canada-Media-Release0716However, in the context of global industry challenges, including capital constraints, the LNG Canada Joint Venture participants have determined they need more time prior to taking a final investment decision. At this time, we cannot confirm when this decision will be made.

In the coming weeks, LNG Canada will continue key site preparation activities and work with its joint venture participants, partners, stakeholders and First Nations to define a revised path forward to FID.

LNG Canada Joint Venture Participants are Shell (50%), PetroChina (20%), Mitsubishi Corporation (15%)
and Kogas (15%).

Haisla Nation chief councillor Ellis Ross issued a statement that said:

Haisla Nation Council very firmly believes in the future of liquefied natural gas for the Kitimat Valley and Haisla territory. It is an industry which has the capacity to grow jobs, provide new training opportunities and provide a sustained quality of life for Haisla members. It’s worth remembering that LNG Canada is a relatively new project to the area, and decisions on major projects such as these can take a long time to reach.

Today’s decision was the second time the FID was postponed. Andy Caloz LNG Canada’s CEO was quoted by Bloomberg News as saying that the project hasn’t been canceled. It has all the necessary approvals from regulators in Canada and doesn’t require any more work in the country.

“The whole global LNG industry is in turmoil,” Calitz told a conference call, Bloomberg reported, adding that Western Canada still has advantages including its proximity to customers in Asia. “I’m confident that the Japanese market remains available to LNG Canada.”

NEB indefinitely suspends any consideration of Northern Gateway

The National Energy Board has indefinitely suspended its consideration of the $7.9 billion Northern Gateway pipeline project, including the request by Enbridge to extend the deadline for starting the controversial project. The Joint Review Panel conditions had set December 31, 2016 as the time that Enbridge had to start the project.

In a letter to John Carruthers, president of Northern Gateway Pipelines, Sheri Young, secretary to the Board said that suspension came after the Federal Court of Appeal quashed the permission certificates for the project.

As a result of the decisions quashing the Certificates, the Board is suspending indefinitely its consideration of the application to extend the sunset clauses of the Certificates and is not accepting any further comments on it, including comments from Northern Gateway and AEP. The Board is also suspending indefinitely its consideration of all filings related to the conditions attached to the Certificates.

In May the NEB had told Enbridge that is would consider a request by Enbridge to extend the deadline and accept comments from the public until June 27, 2016 and reply comments from the applicants by July 18, 2016.

Cover of JRP ruling
Cover of Volume 2 of the Joint Review ruling on Northern Gateway

In a decision released on 30 June 2016, the Federal Court of Appeal quashed Order in Council P.C. 2014-809 which is the order directing the Board to issue the Certificates for the Project. The Court also quashed the Certificates.

 

The original Joint Review Panel report in December 2013 had set 209 conditions for the construction and operation of the pipeline, which would have carried oil sands bitumen from Bruderheim, Alberta, to Kitimat, for shipment to Asian customers.


Letter to Northern Gateway-Suspension of the sunset clauses-A5D7Z9
(PDF)

Federal Court of Appeal overturns approval of Northern Gateway

In a two to one decision, the Federal Court of Appeal has overturned the Harper government’s approval of the Enbridge Northern Gateway Pipeline, finding that the federal government’s consultation process  with First Nations on the BC coast that occurred after the NEB decision and the Joint Review Panel Report was inadequate, saying:
federalcourtofappeal

We conclude that Canada offered only a brief, hurried and inadequate opportunity in Phase IV—a critical part of Canada’s consultation framework—to exchange and discuss information and to dialogue. The inadequacies—more than just a handful and more than mere imperfections—left entire subjects of central interest to the affected First Nations, sometimes subjects affecting their subsistence and well-being, entirely ignored.

The dissenting judge found that the federal government under Stephen Harper had adequately consulted the First Nations. The split decision means that one of the parties, either the federal government, Enbridge Northern Gateway or the Canadian Association of Petroleum Producers may seek leave to appeal to the Supreme Court of Canada.

Read the decision
Northern Gateway decision  (PDF)

Other Media
Globe and Mail
Appeal court overturns Ottawa’s approval of Northern Gateway pipeline

CBC
Northern Gateway pipeline approval overturned