ENERGY EAST: TransCanada Meets the Bay of Fundy
Posted: Sun Aug 30, 2015 8:19 amTransCanada to drill boreholes in Bay of Fundy for Energy East export terminal
[ http://canadians.org/blog/transcanada-d ... t-terminal ]
August 28, 2015 - 10:53am
Opposition is mounting as TransCanada is on the verge of drilling boreholes on the floor of the Bay of Fundy for its proposed Energy East export terminal in Saint John.
CBC explains, "The company is preparing to gather soil and rock samples through a series of test bores that will be undertaken from a rig mounted on a barge. The rig is currently being assembled on Port of Saint John property near the Diamond Jubilee cruise ship terminal. The test samples are required to complete engineering and design work for the company's application to the National Energy Board for the proposed Energy East Pipeline marine terminal." [ http://www.cbc.ca/news/canada/new-bruns ... -1.3206364 ]
The article adds, "[TransCanada spokesperson Tim] Duboyce said the $9-million drilling operation will take three weeks or longer depending on weather conditions and will make very little noise. No permits were required for the test bores, said Duboyce, although authorization was required for the use of the barge during drilling." A National Observer article explains more specifically "TransCanada needs only one permit for the work, a permit from Transport Canada for moving the barge through navigable waters, Duboyce said. ...A spokesperson for the National Energy Board said the permitting for the work TransCanada is carrying out does not fall within its jurisdiction." [ http://www.nationalobserver.com/2015/08 ... -residents ]
The National Observer then notes, "[The drilling] could interfere with endangered whales and migratory birds in the region. And area residents said they hadn’t been notified of the drilling."
Impact on whales and migratory birds
That article highlights, "Mark D’Arcy, the Energy East campaigner with the Council of Canadians, ...argues that the drilling creates a continuous noise that will be transmitted through dozens of kilometres of the Bay of Fundy. The noise could interfere with the area’s endangered population of North Atlantic right whales as well as the hundreds of thousands of migratory birds which use the route as a fly-way in the fall. ...D’Arcy pointed out that the right whales are under the same species at risk designation as the beluga whales, which caused the problems for TransCanada at Cacouna [where TransCanada encountered stiff resistance to their plans to construct a marine terminal for the Energy East pipeline on the St. Lawrence River]."
Impact on home foundations and wells
That article also notes, "Besides concerns over noise, area residents worry that the vibrations of the drilling into the sea bed could impact home foundations and wells." An open letter released yesterday signed by 22 local groups [including the Council of Canadians Saint John, Fredericton and Kent County chapters] says, “This procedure is invasive and has the potential to hurt resident's foundations, drinking water, along with the natural environment that we all value and protect. Why are boreholes being drilled before this project is approved without consultation with residents and others affected?”
No free, prior and informed consent from First Nations
And the article highlights, "The proposed terminal site also is on unceded Wolastoq First Nations territory. Ron Tremblay of the Wolastoq Tribal Council said they’ve had very limited consultation with TransCanada to date."
No prior notice
TransCanada contends, "We first made land owners located adjacent to the proposed Canaport site aware of this work back in mid-July." But Ricochet reports, "The signatories [to the letter opposing the drilling] say they were only informed of the drilling plans by 'a last-minute release of a letter from TransCanada on August 25'." [ https://ricochet.media/en/569/alarm-sou ... y-of-fundy ]. The National Observer adds, "The letter [from local groups] also expressed concern that the only notice of the work was given to five Red Head residents at a closed-door liaison meeting with TransCanada officials and with no details or time frame. The rest of the community learned of the work through the anonymous delivery of a six-page document to a Red Head resident."
Our demand
Lynaya Astephen, a spokesperson for the Red Head Anthony's Cove Preservation Association and a member of the Council of Canadians Saint John chapter, says, "We're asking that the work be stopped. Some of us are still waiting to become intervenors through the National Energy Board, yet this work is being done beforehand."
Further reading
The Right Whale and The Wrong Company (August 28 blog by Mark D'Arcy)
[ http://canadians.org/blog/commentary-ri ... ng-company ]
TransCanada drilling boreholes in Bay of Fundy before project is approved (August 27 media release)
[ http://canadians.org/media/transcanada- ... t-approved ]
Brent Patterson's blog
[ http://canadians.org/blogs/brent-patterson ]
Political Director of the Council of Canadians
= = = =
Commentary: The Right Whale and The Wrong Company
[ http://canadians.org/blog/commentary-ri ... ng-company ]
August 28, 2015 - 5:13am
The North Atlantic Right Whale is a symbol of the biodiversity and fragility of the Bay of Fundy. It is a magnificent marine mammal and it is also the most endangered whale in the world. August and September are the months when these and other whales come into the Bay of Fundy in the largest numbers, attracted to the rich biodiversity of the Bay of Fundy that rivals the Great Barrier Reef and the Amazon rainforest.
It is also a critical feeding stopover area along the eastern seaboard of North America for 34 species of fall migrating birds on their way to Central and South America, including hundreds of thousands of sandpipers and plovers, making it one of 6 Canadian sites in the Western Hemisphere Shorebird Reserve Network. These birds come to the salt marshes, and vast stretches of mudflats of the Bay of Fundy exposed twice a day during low tide.
So what does TransCanada do at this critical time? They bring in a barge into the Bay of Fundy to do borehole drilling at this time. Why would TransCanada conduct this work just as whales and migratory birds are coming into the Bay of Fundy in increasing numbers in August & September? This type of borehole testing generates continuous noise which has the potential to adversely affect whale behaviour several dozens of kilometres from the source.
And to create additional public uproar, TransCanada planned this work and towed the barge into the harbour without consulting the residents.
And did TransCanada give notice and meaningful consultation to Indigenous people? No. The Bay of Fundy and Saint John River Basin in New Brunswick is territory where aboriginal land title and rights have never been ceded or surrendered by the Wolastoqey Nation. Instead, both New Brunswick and Indigenous people are bound by pre-Confederation treaties called the Peace and Friendship treaties. This Nation's territory is the present location of 6 Wolastoq (Maliseet) First Nations.
And what care did TransCanada give to homes near where the testing is being conducted just off the shore? Why has TransCanada not conducted independent, 3rd-party testing of their foundation and water wells prior to any drilling? Without this baseline testing, residents who experience a problem would be put in a "prove-it-was-the-testing-that-caused-your-problem" situation.
TransCanada talk about their extensive review process and public outreach, yet the plans and date for this testing in the Bay of Fundy were kept secret. It was only after a 6-page work plan was leaked to a resident, did the public learn of TransCanada's plans.
And how does this company react to their secret being let out? They had their spokesperson Tim Duboyce state publicly that the residents near the planned testing were notified. But the company spin is wrong. No work plan was shared for this drilling. No timeline was shared. And at a July 15th meeting of an invitation-only "community liaison meeting", there was just a passing reference to testing in the future.
TransCanada is using their highly-restrictive meetings - with only a few selected residents - as a public relations hammer against the community of Red Head. To test the genuineness of this "community liaison meeting", other Red Head residents who attempted to simply sit in and observe a previous meeting were stopped at the door by private security and escorted off the property.
No transparency. No consultation. No due diligence.
This mess by TransCanada is a wake-up call for how this entire Energy East project might proceed.
TransCanada is the wrong company to have near the right whale. Please take your barge and leave the Bay of Fundy. Leave the right whale and the Bay of Fundy alone. #NoEnergyEast
Tags:
north atlantic right whale
[ http://canadians.org/tags/north-atlantic-right-whale ]
bay of fundy
[ http://canadians.org/tags/bay-fundy ]
red head
[ http://canadians.org/tags/red-head ]
Energy East
[ http://canadians.org/tags/energy-east ]
Mark D'Arcy's blog
[ http://canadians.org/blogs/mark-darcy ]
New Brunswick Energy East Campaigner for the
Council of Canadians
= = = = = =
An ad hoc coalition of 22 New Brunswick and Nova Scotian community, First Nations, and environmental groups have sent a registered letter with their demands today to TransCanada, the National Energy Board, and all relevant municipal, provincial and federal representatives.
August 27, 2015
An Open Letter from concerned New Brunswick Groups to:
Russ Girling, CEO, TransCanada Corporation, Address: TransCanada Corporation, 450 - 1 Street SW, Calgary, Alberta, Canada, T2P 5H1, General E-mail: (Energy East Contact Information) energyeast@transcanada.com
Peter Watson, Chair and CEO, National Energy Board, Address: 517 Tenth Avenue SW, Calgary, Alberta, T2R 0A8
The Honourable Leona Aglukkaq, Environment Canada, (Minister responsible for Species at Risk Act (SARA), North American Waterfowl Management Plan, Migratory Birds Convention Act) Address: Environment Canada, 10, rue Wellington, Gatineau, Quebec, K1A 0H3 E-mail: minister@ec.gc.ca
The Honourable Gail Shea, Minister of Fisheries and Oceans, Government of Canada, Address: Minister’s Office, 200 Kent Street, Station 15N100, Ottawa, Ontario, K1A 0A6 E-mail: Min@dfo-mpo.gc.ca
Atlantic Regional Office, Fisheries and Oceans Canada P.O. Box 1035, Dartmouth, Nova Scotia B2Y 4T3
Fisheries Protection Program, Fisheries and Oceans Canada, 343 University Avenue, Moncton, New Brunswick E1C 9B6, Telephone: 506-851-2824 Email: gulfhabitatgolfe@dfo-mpo.gc.ca
The Honourable Denis Landry, Minister of Natural Resources, Government of New Brunswick (Minister responsible for Species at Risk Act (SARA)), Address: Hugh John Flemming Forestry Centre, 1350 Regent Street, Fredericton, New Brunswick, E3C 2G6 E-mail: denis.landry2@gnb.ca
The Honourable Rick Doucet, Minister of Agriculture, Aquaculture and Fisheries, Government of New Brunswick, Address: Agricultural Research Station (Experimental Farm), 850 Lincoln Road, Fredericton, New Brunswick, E3B 8B7
E-mail: rick.doucet@gnb.ca
The Honourable Premier Brian Gallant, Government of New Brunswick, Address: Office of the Premier, Chancery Place, P. O. Box 6000, Fredericton, NB, E3B 5H1 Email : premier@gnb.ca
The Honourable Donald Arsenault, Minister of Energy & Mines, Government of New Brunswick, Address: P. O. Box 6000, Fredericton, NB, E3B 5H1 E-mail: Tyler.Campbell@gnb.ca
Saint John Mayor Mel Norton and Council, Address: Common Clerk's Office, 8th Floor, City Hall, PO Box 1971, Saint John, New Brunswick, E2L 4L1 E-mail for Common Clerk’s Office: commonclerk@saintjohn.ca , E-mail for Mayor Mel Norton: mel.norton@saintjohn.ca
Jim Quinn, President & Chief Executive Officer, Port Saint John, Address: 111 Water Street, Saint John, New Brunswick, Canada E2L 0B1, E-mail: jquinn@sjport.com
RE: BOREHOLE TESTING OFF RED HEAD, NEW BRUNSWICK BY TRANSCANADA PLANNED TO START AUGUST 27, 2015
A 6-page work plan has come to our attention which shows TransCanada is days away from borehole testing off the shore of Red Head, New Brunswick in the Bay of Fundy.
The local residents, to our knowledge, were not notified about this work plan. This procedure is invasive and has the potential to hurt residents’ foundations and drinking water, along with the natural environment that we all value and protect. Why are boreholes being drilled before this project is approved without consultation with residents and others affected? We had understood that there would be a review process of the Energy East proposal through the National Energy Board, followed by an application for all necessary Federal and Provincial approvals and permits. To our knowledge, none of these first significant steps have happened.
It would appear that no such review and approval/permit process is being followed.
Borehole testing could have significant impacts that must be addressed prior to any approval or work being conducted. Will there be any foot or vehicle traffic on Anthony’s Cove Road? If yes, this needs to be described and quantified. Offshore borehole testing forms part of the land use application for this project and cannot be done until all approvals/permits have been issued by the City for the use of this land. Will baseline testing be conducted (predrilling survey and well water testing) prior to any work so that there is reference information in case a problem is reported by a homeowner? It is well known that this land area is clay-based and pounding will transmit through this clay and (a) could cause vibration to homes resulting in damage and (b) could accelerate the movement of Anthony’s Cove Road towards the sea and cause damage to homes, road and shoreline. Will noise be quantified and what times will the work be conducted? In particular, our concern about the noise from this work is (a) the effect on shorebirds – sandpipers gather and stop this time of year on their migration to South America, and Canadian Geese and ducks are beginning to gather for their migration and (b) the effect that this potential noise could have on residential property.
We emphasize again that the Energy East pipeline project has not been approved; Energy East is only a proposal and a significant number of residents and groups in New Brunswick are still awaiting word from the National Energy Board on their intervenor status in the review process. Furthermore, this shore and seabed is on unceded Wolastoq territory. There has been no free, prior, and informed consent obtained from the Indigenous communities.
The secrecy around this work plan, including what consultation, permits, and approvals have been carried out, is troubling. Is this an indication of how Trans Canada plans to conduct this entire project? Still fresh in our collective memory is the deaths of 5,000-10,000 migratory birds were killed in September 2013 at the Canaport LNG terminal around the corner from the Red Head work area. Why would TransCanada conduct this work just as migratory birds and whales are coming into the Bay of Fundy in increasing numbers in August & September?
Attached we have outlined our concerns and questions with this work plan. Given the lack of consultation and long list of concerns we are requesting that all work on borehole testing be stopped until these concerns are addressed.
Please send all responses to this letter to the following contact:
Mark D’Arcy and Caroline Lubbe-D’Arcy, Council of Canadians - Fredericton Chapter
Address: 379 Northumberland Street, Fredericton, New Brunswick, E3B 3K2
E-mail: markandcaroline@gmail.com
Sincerely,
Canaan-Washademoak Watershed Association
Citizen’s Coalition for Clean Air
Concerned Citizens of Penobsquis
Council of Canadians – Fredericton Chapter
Council of Canadians - Kent County NB Chapter
Council of Canadians - Moncton Chapter
Council of Canadians – Saint John NB Chapter
Ecology Action Centre
Friends of Musquash
Green Light
Maliseet Nation Conservation Council
Memramcook Action
New Brunswick Anti-Shale Gas Alliance
New Brunswickers Against Fracking
PEACE NB
Penniac Anti-Shale-Gas Organization
Public for the Protection of the Forests of New Brunswick (PPFNB)
Red Head-Anthony’s Cove Preservation Association
Sentinelles de la riviére Petitcodiac / Petitcodiac Riverkeepers
Sierra Club Canada Foundation – Atlantic Canada Chapter
Sustainable Energy Group – Woodstock
Tantramar Alliance Against Hydro-Fracking
Voices for Sustainable Environments & Communities
Julie Guillemot, Professeure en gestion de l'environnement, Université de Moncton, Campus de
Shippagan (UMCS)
Alain Patoine, Professeur en gestion de l’environnement, Université de Moncton, Campus de
Shippagan (UMCS)
André Robichaud, Professeur de géographie, Université de Moncton, Campus de Shippagan
(UMCS)
Background
Our understanding of the impacts of borehole testing comes in part from this document:
[ http://www.canlii.org/en/qc/qccs/doc/20 ... cs4398.pdf ]
DECISION - Province of Quebec Superior Court, 28pp - SEPTEMBER 23, 2014
(page 11) "[45] Last April, TransCanada performed seismic work. To do so, it obtained the DFO’s authorization at the federal level but not, it would appear, from the government of Quebec. The seismic work produced pulsating noise (from blasting), whereas the geotechnical work will produce continuous noise."
(page 12) "[48] - The area in which there may be negative behavioural reactions ranging from subtle behaviour modification to complete avoidance is vast (several dozens of kilometres from the source);"
(page 12) “[49] Pursuant to the federal species at risk statute, Mr. Kemp of the Species at Risk Division of the DFO completed an initial analysis of the geotechnical work. Then, following the decision of TransCanada to use two barges to drill simultaneously, he prepared a second analysis.”
Concerns
Some of our concerns include the following:
1. There has been no proper community consultation and notification of the project. Less than a month ago, TransCanada officials held a community liaison meeting (closed to the public) with five (5) Red Head residents on July 15 , 2015, but only made a very brief reference to this project without giving any details or timeframe. The wider community did not learn of the work plan and August 27th start date until a document was delivered a week ago a Red Head resident by an anonymous source.
2. Early work will set the stage for how little or thorough the review and regulatory process is. With the magnitude of this proposed Energy East project in Red Head - a 150-hectare tank farm capable of housing 7.6 million barrels of oil and a 183-hectare marine terminal complex – this project needs to undergo a complete and thorough information gathering, consultation process, and review process. This includes protection/conservation plans for migratory birds, fisheries, marine mammals, federal government acts and regulations, provincial government acts and regulations, and port authority and municipal procedures.
3. This shore and seabed is on unceded Wolastoq territory. There has been no free, prior, and informed consent obtained from the Indigenous communities. The Saint John River Basin are the traditional lands of the Wolastoqiyik, which translates to mean ‘the people of the beautiful bountiful river’, and is the present location of six (6) Wolastoq (Maliseet) First Nations; the Saint John River Basin in New Brunswick is territory where aboriginal land title and rights have never been ceded or surrendered by the Wolastoqey Nation. Instead, both New Brunswick and Indigenous people are bound by pre-Confederation treaties called the Peace and Friendship treaties.
4. Impact and mitigation measures to property owners with homes along the shore of Anthony’s Cove.
5. Impact and mitigation to fisheries (e.g. lobster and groundfish).
6. Impact and mitigation measures to diving birds. The Bay of Fundy receives a large number of species of waterfowl, shorebirds and seabirds, the highest bird species richness in the Canadian Atlantic. These include iconic birds such as the Atlantic Puffin, Razorbill Auk, and Semipalmated Sandpiper;
7. Impact and mitigation measures to migratory birds. The salt marshes, and vast stretches of mudflats of the Bay of Fundy exposed twice a day during low tide, are a critical feeding stopover area along the eastern seaboard of North America for 34 species of fall migrating birds on their way to Central and South America, including hundreds of thousands of sandpipers and plovers, making it one of six (6) Canadian sites in the Western Hemisphere Shorebird Reserve Network.
8. Impact and mitigation measures to marine mammals, including harbour porpoises.
9. Impact and mitigation measures to marine mammals designated as endangered under Federal and Provincial Species-at-Risk legislation, including the North Atlantic Right Whale.
The rich zooplankton, krill, and fish in the Bay of Fundy which attracts over a dozen whale species (http://new-brunswick.net/new-brunswick/whales/ ), including each summer, two-thirds of the 350-400 remaining population of North Atlantic Right Whales, one of the most endangered marine mammals in the world;
Questions
Our questions and request for the following information:
1. Why is this work being conducted before the Energy East project has been approved? There is a large number of approvals and permits that are required by both the Federal Government and Provincial Governments.
2. What steps have TransCanada and the Government of New Brunswick taken to consult and gain consent from the Indigenous communities for this specific project?
3. Will there be any foot or vehicle traffic on Anthony’s Cove Road? If yes, this needs to be described and quantified. Offshore borehole testing forms part of the land use application for this project and cannot be done until all approvals/permits have been issued by the City for the use of this land.
4. Will baseline testing be conducted (predrilling survey and well water testing) prior to any work so that there is reference information in case a problem is reported by a homeowner? It is well known that this land area is clay-based and pounding will transmit through this clay and (a) could cause vibration to homes resulting in damage and (b) could accelerate the movement of Anthony’s Cove Road towards the sea and cause damage to homes, road and shoreline. All homes adjacent to this work should have a predrilling survey done and well water testing done – quality/quantity - to determine a baseline for future reference if a problem is reported by a homeowner.
5. Will noise above the water be quantified and what times will the work be conducted? Our concern is for noise travelling through the air and (a) the effect to shorebirds – sandpipers gather and stop this time of year on their migration to South America, and Canadian Geese and ducks are beginning to gather for their migration and (b) the effect that this potential noise could have on residential property.
6. Will noise in the water be quantified and what times will the work be conducted? Our concern is for noise travelling through the water, particularly (a) the effect on the fisheries (e.g. lobster, sturgeon), and (b) the effect on marine mammals (e.g. harbour porpoises, whales).
7. Have you asked government departments and whale researchers about the potential disruption and impact that this borehole testing will have on marine mammals in the Bay of Fundy, including the North Atlantic Right Whale?
8. If so, what information have you received from government departments and whale researchers? What additional mitigating measures have been advised that would reduce the disruption or impact to acceptable levels?
9. Have you requested and received a permit to conduct this borehole testing from the New Brunswick Minister responsible for the provincial Species at Risk Act? The North Atlantic Right Whale is listed as an endangered marine mammal under this Act.
10. Have you requested and received a permit to conduct this borehole testing from the Canadian Minister responsible for the federal Species at Risk Act? The North Atlantic Right Whale is listed as an endangered marine mammal under this Act.
11. What are the Government of New Brunswick current and future commitments to reduce greenhouse gas emissions (CO2 and methane)? Are you meeting those targets? Note that the Provincial Premiers in Ontario and Quebec have just recently adopted carbon pricing.
12. Will these greenhouse gas reduction steps be counteracted by increased greenhouse emissions from increased oil-by-rail infrastructure at Red Head, and Energy East infrastructure such as the proposed pipeline through unceded territory in New Brunswick, and the proposed tank farm and marine terminal at Red Head?
[ http://canadians.org/blog/transcanada-d ... t-terminal ]
August 28, 2015 - 10:53am
Opposition is mounting as TransCanada is on the verge of drilling boreholes on the floor of the Bay of Fundy for its proposed Energy East export terminal in Saint John.
CBC explains, "The company is preparing to gather soil and rock samples through a series of test bores that will be undertaken from a rig mounted on a barge. The rig is currently being assembled on Port of Saint John property near the Diamond Jubilee cruise ship terminal. The test samples are required to complete engineering and design work for the company's application to the National Energy Board for the proposed Energy East Pipeline marine terminal." [ http://www.cbc.ca/news/canada/new-bruns ... -1.3206364 ]
The article adds, "[TransCanada spokesperson Tim] Duboyce said the $9-million drilling operation will take three weeks or longer depending on weather conditions and will make very little noise. No permits were required for the test bores, said Duboyce, although authorization was required for the use of the barge during drilling." A National Observer article explains more specifically "TransCanada needs only one permit for the work, a permit from Transport Canada for moving the barge through navigable waters, Duboyce said. ...A spokesperson for the National Energy Board said the permitting for the work TransCanada is carrying out does not fall within its jurisdiction." [ http://www.nationalobserver.com/2015/08 ... -residents ]
The National Observer then notes, "[The drilling] could interfere with endangered whales and migratory birds in the region. And area residents said they hadn’t been notified of the drilling."
Impact on whales and migratory birds
That article highlights, "Mark D’Arcy, the Energy East campaigner with the Council of Canadians, ...argues that the drilling creates a continuous noise that will be transmitted through dozens of kilometres of the Bay of Fundy. The noise could interfere with the area’s endangered population of North Atlantic right whales as well as the hundreds of thousands of migratory birds which use the route as a fly-way in the fall. ...D’Arcy pointed out that the right whales are under the same species at risk designation as the beluga whales, which caused the problems for TransCanada at Cacouna [where TransCanada encountered stiff resistance to their plans to construct a marine terminal for the Energy East pipeline on the St. Lawrence River]."
Impact on home foundations and wells
That article also notes, "Besides concerns over noise, area residents worry that the vibrations of the drilling into the sea bed could impact home foundations and wells." An open letter released yesterday signed by 22 local groups [including the Council of Canadians Saint John, Fredericton and Kent County chapters] says, “This procedure is invasive and has the potential to hurt resident's foundations, drinking water, along with the natural environment that we all value and protect. Why are boreholes being drilled before this project is approved without consultation with residents and others affected?”
No free, prior and informed consent from First Nations
And the article highlights, "The proposed terminal site also is on unceded Wolastoq First Nations territory. Ron Tremblay of the Wolastoq Tribal Council said they’ve had very limited consultation with TransCanada to date."
No prior notice
TransCanada contends, "We first made land owners located adjacent to the proposed Canaport site aware of this work back in mid-July." But Ricochet reports, "The signatories [to the letter opposing the drilling] say they were only informed of the drilling plans by 'a last-minute release of a letter from TransCanada on August 25'." [ https://ricochet.media/en/569/alarm-sou ... y-of-fundy ]. The National Observer adds, "The letter [from local groups] also expressed concern that the only notice of the work was given to five Red Head residents at a closed-door liaison meeting with TransCanada officials and with no details or time frame. The rest of the community learned of the work through the anonymous delivery of a six-page document to a Red Head resident."
Our demand
Lynaya Astephen, a spokesperson for the Red Head Anthony's Cove Preservation Association and a member of the Council of Canadians Saint John chapter, says, "We're asking that the work be stopped. Some of us are still waiting to become intervenors through the National Energy Board, yet this work is being done beforehand."
Further reading
The Right Whale and The Wrong Company (August 28 blog by Mark D'Arcy)
[ http://canadians.org/blog/commentary-ri ... ng-company ]
TransCanada drilling boreholes in Bay of Fundy before project is approved (August 27 media release)
[ http://canadians.org/media/transcanada- ... t-approved ]
Brent Patterson's blog
[ http://canadians.org/blogs/brent-patterson ]
Political Director of the Council of Canadians
= = = =
Commentary: The Right Whale and The Wrong Company
[ http://canadians.org/blog/commentary-ri ... ng-company ]
August 28, 2015 - 5:13am
The North Atlantic Right Whale is a symbol of the biodiversity and fragility of the Bay of Fundy. It is a magnificent marine mammal and it is also the most endangered whale in the world. August and September are the months when these and other whales come into the Bay of Fundy in the largest numbers, attracted to the rich biodiversity of the Bay of Fundy that rivals the Great Barrier Reef and the Amazon rainforest.
It is also a critical feeding stopover area along the eastern seaboard of North America for 34 species of fall migrating birds on their way to Central and South America, including hundreds of thousands of sandpipers and plovers, making it one of 6 Canadian sites in the Western Hemisphere Shorebird Reserve Network. These birds come to the salt marshes, and vast stretches of mudflats of the Bay of Fundy exposed twice a day during low tide.
So what does TransCanada do at this critical time? They bring in a barge into the Bay of Fundy to do borehole drilling at this time. Why would TransCanada conduct this work just as whales and migratory birds are coming into the Bay of Fundy in increasing numbers in August & September? This type of borehole testing generates continuous noise which has the potential to adversely affect whale behaviour several dozens of kilometres from the source.
And to create additional public uproar, TransCanada planned this work and towed the barge into the harbour without consulting the residents.
And did TransCanada give notice and meaningful consultation to Indigenous people? No. The Bay of Fundy and Saint John River Basin in New Brunswick is territory where aboriginal land title and rights have never been ceded or surrendered by the Wolastoqey Nation. Instead, both New Brunswick and Indigenous people are bound by pre-Confederation treaties called the Peace and Friendship treaties. This Nation's territory is the present location of 6 Wolastoq (Maliseet) First Nations.
And what care did TransCanada give to homes near where the testing is being conducted just off the shore? Why has TransCanada not conducted independent, 3rd-party testing of their foundation and water wells prior to any drilling? Without this baseline testing, residents who experience a problem would be put in a "prove-it-was-the-testing-that-caused-your-problem" situation.
TransCanada talk about their extensive review process and public outreach, yet the plans and date for this testing in the Bay of Fundy were kept secret. It was only after a 6-page work plan was leaked to a resident, did the public learn of TransCanada's plans.
And how does this company react to their secret being let out? They had their spokesperson Tim Duboyce state publicly that the residents near the planned testing were notified. But the company spin is wrong. No work plan was shared for this drilling. No timeline was shared. And at a July 15th meeting of an invitation-only "community liaison meeting", there was just a passing reference to testing in the future.
TransCanada is using their highly-restrictive meetings - with only a few selected residents - as a public relations hammer against the community of Red Head. To test the genuineness of this "community liaison meeting", other Red Head residents who attempted to simply sit in and observe a previous meeting were stopped at the door by private security and escorted off the property.
No transparency. No consultation. No due diligence.
This mess by TransCanada is a wake-up call for how this entire Energy East project might proceed.
TransCanada is the wrong company to have near the right whale. Please take your barge and leave the Bay of Fundy. Leave the right whale and the Bay of Fundy alone. #NoEnergyEast
Tags:
north atlantic right whale
[ http://canadians.org/tags/north-atlantic-right-whale ]
bay of fundy
[ http://canadians.org/tags/bay-fundy ]
red head
[ http://canadians.org/tags/red-head ]
Energy East
[ http://canadians.org/tags/energy-east ]
Mark D'Arcy's blog
[ http://canadians.org/blogs/mark-darcy ]
New Brunswick Energy East Campaigner for the
Council of Canadians
= = = = = =
An ad hoc coalition of 22 New Brunswick and Nova Scotian community, First Nations, and environmental groups have sent a registered letter with their demands today to TransCanada, the National Energy Board, and all relevant municipal, provincial and federal representatives.
August 27, 2015
An Open Letter from concerned New Brunswick Groups to:
Russ Girling, CEO, TransCanada Corporation, Address: TransCanada Corporation, 450 - 1 Street SW, Calgary, Alberta, Canada, T2P 5H1, General E-mail: (Energy East Contact Information) energyeast@transcanada.com
Peter Watson, Chair and CEO, National Energy Board, Address: 517 Tenth Avenue SW, Calgary, Alberta, T2R 0A8
The Honourable Leona Aglukkaq, Environment Canada, (Minister responsible for Species at Risk Act (SARA), North American Waterfowl Management Plan, Migratory Birds Convention Act) Address: Environment Canada, 10, rue Wellington, Gatineau, Quebec, K1A 0H3 E-mail: minister@ec.gc.ca
The Honourable Gail Shea, Minister of Fisheries and Oceans, Government of Canada, Address: Minister’s Office, 200 Kent Street, Station 15N100, Ottawa, Ontario, K1A 0A6 E-mail: Min@dfo-mpo.gc.ca
Atlantic Regional Office, Fisheries and Oceans Canada P.O. Box 1035, Dartmouth, Nova Scotia B2Y 4T3
Fisheries Protection Program, Fisheries and Oceans Canada, 343 University Avenue, Moncton, New Brunswick E1C 9B6, Telephone: 506-851-2824 Email: gulfhabitatgolfe@dfo-mpo.gc.ca
The Honourable Denis Landry, Minister of Natural Resources, Government of New Brunswick (Minister responsible for Species at Risk Act (SARA)), Address: Hugh John Flemming Forestry Centre, 1350 Regent Street, Fredericton, New Brunswick, E3C 2G6 E-mail: denis.landry2@gnb.ca
The Honourable Rick Doucet, Minister of Agriculture, Aquaculture and Fisheries, Government of New Brunswick, Address: Agricultural Research Station (Experimental Farm), 850 Lincoln Road, Fredericton, New Brunswick, E3B 8B7
E-mail: rick.doucet@gnb.ca
The Honourable Premier Brian Gallant, Government of New Brunswick, Address: Office of the Premier, Chancery Place, P. O. Box 6000, Fredericton, NB, E3B 5H1 Email : premier@gnb.ca
The Honourable Donald Arsenault, Minister of Energy & Mines, Government of New Brunswick, Address: P. O. Box 6000, Fredericton, NB, E3B 5H1 E-mail: Tyler.Campbell@gnb.ca
Saint John Mayor Mel Norton and Council, Address: Common Clerk's Office, 8th Floor, City Hall, PO Box 1971, Saint John, New Brunswick, E2L 4L1 E-mail for Common Clerk’s Office: commonclerk@saintjohn.ca , E-mail for Mayor Mel Norton: mel.norton@saintjohn.ca
Jim Quinn, President & Chief Executive Officer, Port Saint John, Address: 111 Water Street, Saint John, New Brunswick, Canada E2L 0B1, E-mail: jquinn@sjport.com
RE: BOREHOLE TESTING OFF RED HEAD, NEW BRUNSWICK BY TRANSCANADA PLANNED TO START AUGUST 27, 2015
A 6-page work plan has come to our attention which shows TransCanada is days away from borehole testing off the shore of Red Head, New Brunswick in the Bay of Fundy.
The local residents, to our knowledge, were not notified about this work plan. This procedure is invasive and has the potential to hurt residents’ foundations and drinking water, along with the natural environment that we all value and protect. Why are boreholes being drilled before this project is approved without consultation with residents and others affected? We had understood that there would be a review process of the Energy East proposal through the National Energy Board, followed by an application for all necessary Federal and Provincial approvals and permits. To our knowledge, none of these first significant steps have happened.
It would appear that no such review and approval/permit process is being followed.
Borehole testing could have significant impacts that must be addressed prior to any approval or work being conducted. Will there be any foot or vehicle traffic on Anthony’s Cove Road? If yes, this needs to be described and quantified. Offshore borehole testing forms part of the land use application for this project and cannot be done until all approvals/permits have been issued by the City for the use of this land. Will baseline testing be conducted (predrilling survey and well water testing) prior to any work so that there is reference information in case a problem is reported by a homeowner? It is well known that this land area is clay-based and pounding will transmit through this clay and (a) could cause vibration to homes resulting in damage and (b) could accelerate the movement of Anthony’s Cove Road towards the sea and cause damage to homes, road and shoreline. Will noise be quantified and what times will the work be conducted? In particular, our concern about the noise from this work is (a) the effect on shorebirds – sandpipers gather and stop this time of year on their migration to South America, and Canadian Geese and ducks are beginning to gather for their migration and (b) the effect that this potential noise could have on residential property.
We emphasize again that the Energy East pipeline project has not been approved; Energy East is only a proposal and a significant number of residents and groups in New Brunswick are still awaiting word from the National Energy Board on their intervenor status in the review process. Furthermore, this shore and seabed is on unceded Wolastoq territory. There has been no free, prior, and informed consent obtained from the Indigenous communities.
The secrecy around this work plan, including what consultation, permits, and approvals have been carried out, is troubling. Is this an indication of how Trans Canada plans to conduct this entire project? Still fresh in our collective memory is the deaths of 5,000-10,000 migratory birds were killed in September 2013 at the Canaport LNG terminal around the corner from the Red Head work area. Why would TransCanada conduct this work just as migratory birds and whales are coming into the Bay of Fundy in increasing numbers in August & September?
Attached we have outlined our concerns and questions with this work plan. Given the lack of consultation and long list of concerns we are requesting that all work on borehole testing be stopped until these concerns are addressed.
Please send all responses to this letter to the following contact:
Mark D’Arcy and Caroline Lubbe-D’Arcy, Council of Canadians - Fredericton Chapter
Address: 379 Northumberland Street, Fredericton, New Brunswick, E3B 3K2
E-mail: markandcaroline@gmail.com
Sincerely,
Canaan-Washademoak Watershed Association
Citizen’s Coalition for Clean Air
Concerned Citizens of Penobsquis
Council of Canadians – Fredericton Chapter
Council of Canadians - Kent County NB Chapter
Council of Canadians - Moncton Chapter
Council of Canadians – Saint John NB Chapter
Ecology Action Centre
Friends of Musquash
Green Light
Maliseet Nation Conservation Council
Memramcook Action
New Brunswick Anti-Shale Gas Alliance
New Brunswickers Against Fracking
PEACE NB
Penniac Anti-Shale-Gas Organization
Public for the Protection of the Forests of New Brunswick (PPFNB)
Red Head-Anthony’s Cove Preservation Association
Sentinelles de la riviére Petitcodiac / Petitcodiac Riverkeepers
Sierra Club Canada Foundation – Atlantic Canada Chapter
Sustainable Energy Group – Woodstock
Tantramar Alliance Against Hydro-Fracking
Voices for Sustainable Environments & Communities
Julie Guillemot, Professeure en gestion de l'environnement, Université de Moncton, Campus de
Shippagan (UMCS)
Alain Patoine, Professeur en gestion de l’environnement, Université de Moncton, Campus de
Shippagan (UMCS)
André Robichaud, Professeur de géographie, Université de Moncton, Campus de Shippagan
(UMCS)
Background
Our understanding of the impacts of borehole testing comes in part from this document:
[ http://www.canlii.org/en/qc/qccs/doc/20 ... cs4398.pdf ]
DECISION - Province of Quebec Superior Court, 28pp - SEPTEMBER 23, 2014
(page 11) "[45] Last April, TransCanada performed seismic work. To do so, it obtained the DFO’s authorization at the federal level but not, it would appear, from the government of Quebec. The seismic work produced pulsating noise (from blasting), whereas the geotechnical work will produce continuous noise."
(page 12) "[48] - The area in which there may be negative behavioural reactions ranging from subtle behaviour modification to complete avoidance is vast (several dozens of kilometres from the source);"
(page 12) “[49] Pursuant to the federal species at risk statute, Mr. Kemp of the Species at Risk Division of the DFO completed an initial analysis of the geotechnical work. Then, following the decision of TransCanada to use two barges to drill simultaneously, he prepared a second analysis.”
Concerns
Some of our concerns include the following:
1. There has been no proper community consultation and notification of the project. Less than a month ago, TransCanada officials held a community liaison meeting (closed to the public) with five (5) Red Head residents on July 15 , 2015, but only made a very brief reference to this project without giving any details or timeframe. The wider community did not learn of the work plan and August 27th start date until a document was delivered a week ago a Red Head resident by an anonymous source.
2. Early work will set the stage for how little or thorough the review and regulatory process is. With the magnitude of this proposed Energy East project in Red Head - a 150-hectare tank farm capable of housing 7.6 million barrels of oil and a 183-hectare marine terminal complex – this project needs to undergo a complete and thorough information gathering, consultation process, and review process. This includes protection/conservation plans for migratory birds, fisheries, marine mammals, federal government acts and regulations, provincial government acts and regulations, and port authority and municipal procedures.
3. This shore and seabed is on unceded Wolastoq territory. There has been no free, prior, and informed consent obtained from the Indigenous communities. The Saint John River Basin are the traditional lands of the Wolastoqiyik, which translates to mean ‘the people of the beautiful bountiful river’, and is the present location of six (6) Wolastoq (Maliseet) First Nations; the Saint John River Basin in New Brunswick is territory where aboriginal land title and rights have never been ceded or surrendered by the Wolastoqey Nation. Instead, both New Brunswick and Indigenous people are bound by pre-Confederation treaties called the Peace and Friendship treaties.
4. Impact and mitigation measures to property owners with homes along the shore of Anthony’s Cove.
5. Impact and mitigation to fisheries (e.g. lobster and groundfish).
6. Impact and mitigation measures to diving birds. The Bay of Fundy receives a large number of species of waterfowl, shorebirds and seabirds, the highest bird species richness in the Canadian Atlantic. These include iconic birds such as the Atlantic Puffin, Razorbill Auk, and Semipalmated Sandpiper;
7. Impact and mitigation measures to migratory birds. The salt marshes, and vast stretches of mudflats of the Bay of Fundy exposed twice a day during low tide, are a critical feeding stopover area along the eastern seaboard of North America for 34 species of fall migrating birds on their way to Central and South America, including hundreds of thousands of sandpipers and plovers, making it one of six (6) Canadian sites in the Western Hemisphere Shorebird Reserve Network.
8. Impact and mitigation measures to marine mammals, including harbour porpoises.
9. Impact and mitigation measures to marine mammals designated as endangered under Federal and Provincial Species-at-Risk legislation, including the North Atlantic Right Whale.
The rich zooplankton, krill, and fish in the Bay of Fundy which attracts over a dozen whale species (http://new-brunswick.net/new-brunswick/whales/ ), including each summer, two-thirds of the 350-400 remaining population of North Atlantic Right Whales, one of the most endangered marine mammals in the world;
Questions
Our questions and request for the following information:
1. Why is this work being conducted before the Energy East project has been approved? There is a large number of approvals and permits that are required by both the Federal Government and Provincial Governments.
2. What steps have TransCanada and the Government of New Brunswick taken to consult and gain consent from the Indigenous communities for this specific project?
3. Will there be any foot or vehicle traffic on Anthony’s Cove Road? If yes, this needs to be described and quantified. Offshore borehole testing forms part of the land use application for this project and cannot be done until all approvals/permits have been issued by the City for the use of this land.
4. Will baseline testing be conducted (predrilling survey and well water testing) prior to any work so that there is reference information in case a problem is reported by a homeowner? It is well known that this land area is clay-based and pounding will transmit through this clay and (a) could cause vibration to homes resulting in damage and (b) could accelerate the movement of Anthony’s Cove Road towards the sea and cause damage to homes, road and shoreline. All homes adjacent to this work should have a predrilling survey done and well water testing done – quality/quantity - to determine a baseline for future reference if a problem is reported by a homeowner.
5. Will noise above the water be quantified and what times will the work be conducted? Our concern is for noise travelling through the air and (a) the effect to shorebirds – sandpipers gather and stop this time of year on their migration to South America, and Canadian Geese and ducks are beginning to gather for their migration and (b) the effect that this potential noise could have on residential property.
6. Will noise in the water be quantified and what times will the work be conducted? Our concern is for noise travelling through the water, particularly (a) the effect on the fisheries (e.g. lobster, sturgeon), and (b) the effect on marine mammals (e.g. harbour porpoises, whales).
7. Have you asked government departments and whale researchers about the potential disruption and impact that this borehole testing will have on marine mammals in the Bay of Fundy, including the North Atlantic Right Whale?
8. If so, what information have you received from government departments and whale researchers? What additional mitigating measures have been advised that would reduce the disruption or impact to acceptable levels?
9. Have you requested and received a permit to conduct this borehole testing from the New Brunswick Minister responsible for the provincial Species at Risk Act? The North Atlantic Right Whale is listed as an endangered marine mammal under this Act.
10. Have you requested and received a permit to conduct this borehole testing from the Canadian Minister responsible for the federal Species at Risk Act? The North Atlantic Right Whale is listed as an endangered marine mammal under this Act.
11. What are the Government of New Brunswick current and future commitments to reduce greenhouse gas emissions (CO2 and methane)? Are you meeting those targets? Note that the Provincial Premiers in Ontario and Quebec have just recently adopted carbon pricing.
12. Will these greenhouse gas reduction steps be counteracted by increased greenhouse emissions from increased oil-by-rail infrastructure at Red Head, and Energy East infrastructure such as the proposed pipeline through unceded territory in New Brunswick, and the proposed tank farm and marine terminal at Red Head?