Ministry of Environment
2080A Labieux Road
NANAIMO BC  V9T 6J9

Attention:  Mr. Luc LaChance

Dear Mr. LaChance,

Re:      South Island Aggregates Waste Discharge Permit Application -
Summary of Public Consultations                                                      

On November 28, 2012 a document prepared for South Island Aggregates entitled "Summary of Public Consultations,  Applications for Authorization to Discharge Waste at 460 Stebbings Road, Shawnigan Lake BC" (attached} was provided to the CVRD from a member of the public.  It was the first time the document had been received by the CVRD.

The purpose of my letter, at this time, is to respond to two conclusions or statements  contained in the report.  First, on page eight of the report it is stated:

"SIA and Active Earth met with CVRD Board and Staff members on several occasions,  both before, and during the consultation period.   The first of these meetings  was on March 6, 2012 when representatives  of Active Earth and SIA met with Area Director Bruce Fraser at the SIA offices to discuss the concept of the proposed  facility.   At that time Director  Fraser expressed  his support for the facility and that the CVRD as a whole, recognized the need for such a facility."

The CVRD Board is on record stating facilities  for handling contaminated  soils are needed and in fact the CVRD Board has offered to work with the Province to find a suitable site for such a purpose within the Regional District.   However, to be very clear the CVRD Board is opposed to and has emphatically expressed its opposition to locating a contaminated  soils facility at the SIA site on Stebbings Road in Shawnigan Lake.  The Board arrived at this position after thoroughly considering the issues and listening to the community  which, in the opinion of the Board, is very opposed  to the facility siting due primarily to concerns  about water and the environment.   For the record, it was Director Fraser, Electoral Area Director,  Shawnigan Lake that presented  and moved the Board resolution opposing the SIA application.

On page nine of the report it is stated that:

"Overall  feedback  has been provided  by less  than 10% of the local population (likely  less  than 5%),  even though  the  application  was  well-publicized  (sic)  by both the proponent  and an opposition  group calling themselves  the Shawnigan Creek Protection Society.  This indicates a high-degree  (sic) of indifference to the proposal by the local population..."

Jeff Taylor,P.Eng.,CSAP Principal,Senior Engineer

Matt Pye,P.Eng. Principal,Hydrogeologist

 

 

 

BC MOE File# PR-105809
AE Project Number: 320
November 2012

 

TABLE Of  CONTENTS

 

1.0 Introduction ..................................................................................................................!

 

2.0 Background ....................................................................................................................1

 

3.0 Notifications Summary ..................................................................................................2

3.1 Public Notification..................................................................................................  2
3.2 First Nations Notifications ..................................................................................... 2
3.3 Agency Notifications .............................................................................................. 3

4.0 Consultations Summary.................................................................................................4

 

4.1 Public Consultations............................................................................................... 4

4.1.1          Community Meeting- May 8,2012 ...................................................................4

 

4.1.2          Application Website............................................................................................S

 

4.1.3         Informal Meetings- May 29,2012.....................................................................6

 

4.1.3         Open House- May 31,2012 ..............................................................................6

 

4.1.4           CVRD Public Meeting ..........................................................................................7

4.2 First Nations Consultations.................................................................................... 7
4.3 Agency Consultations............................................................................................ 8

5.0 Summary and Conclusions .............................................................................................8

APPENDICES

 

Appendix A     Formal Public Notifications Appendix B     Application Website Content Appendix C     Application Notification Letters
Appendix D     SIA Feedback link  - Summary of  Questions, Comments and Associated
Responses

Appendix E Appendix F
Appendix G Appendix H
Appendix I

Open House -Questions and Associated Responses Communicated via MOE
- May 31,2012
Community  Meeting  - Presentation, Attendance  Record, Questions and
Associated Responses- May 8,2012
Informal Meetings- May 29, 2012
Open House- Feedback,Sign In Sheet and Comment Forms- May 31,2012
CVRD Public Forum- Presentation and Meeting Minutes -July 12,2012

Appendix J     Malahat  First  Nations - Summary  Memo,  Presentation, and  Letter  of
Support

Appendix K Appendix L AppendixM Appendix N AppendixO

CVRD Consultations- Presentation
MOE Water Protection Comments and Response
Lowen Hydrogeology Report and Response
VIHA Comments and Response
Geological Survey Report and Response

 

1.0       Introduction

 

Active Earth Engineering Ltd. (Active Earth) was retained by South Island Aggregates Ltd. (SIA) to undertake a Technical Assessment and associated Public Consultations as part of an application to the BC Ministry of Environment (MOE) for an Authorization to Discharge Waste.    The  application  is  made  pursuant  to  Section  14  of  the  BC Environmental Management Act (EMA).

The subject property (the "Site") is located at 460 Stebbings Road,in the South Shawnigan lake Area (Electoral Area B) within the Cowichan Valley Regional District.

The Site is currently operated as a rock quarry under the jurisdiction of the BC Ministry of Mines  permit   number  Q-8-094.   An  application  is being  made  to  modify  the  mine reclamation   plan  in  the   mining   permit   concurrently   with   an  application   for   an Authorization to Discharge Waste.  The proposed changes/authorization  would allow for contaminated  soil to be treated and permanently encapsulated on the Site as part of the mine reclamation plan.

This report  provides a summary of notifications and consultations,including questions and comments,received as part of the consultation process pursuant to the Public Notification Regulation.

2.0       Background

 

A Draft Technical Assessment Report was prepared by Active Earth, and submitted  on behalf of SIA, in October 2011.   In January 20, 2012, the MOE provided initial input and commentary  which was subsequently addressed in a letter  dated February 22, 2012.   A second round of input and comments was received on May 3, 2012, resulting in a second response dated June 21, 2012.   Final input  was addressed in the final Technical Assessment Report,dated August 2012.

 

The minimum  30-day Public Consultation period was officially initiated  on May 9, 2012 and ended on August 20, 2012. The total period of consultation was therefore 104 days.

3.0      Notifications Summary

 

3.1      Public Notification

 

On May 9,2012,an Environmental Protection Notice was published as follows:

 

•            Posted at the Site;

•            BC Gazette;and,

•      Published in the Cowichan News Leader. These Notifications  are included as Appendix A.
In  addition   to  the   Formal  Notifications,  a  dedicated  website   was  established  at

This website included formal  notification information, a Technical Analysis related  to the  Application, Contact Information and a Discussion Forum to  solicit  feedback and commentary.   The website  also served as a venue to provide information on planned meetings and information sessions. The website content is summarized in Appendix B.

On July 20,2012,the following Public Interest and Stewardship Groups were issued formal notification letters (refer to Appendix C):

• Shawnigan Lake Watershed Roundtable

• Shawnigan Lake Watershed Watch Association

• Shawnigan Lake Residents Association

 

3.2       First Nations Notifications

 

On April  26, 2012, prior  to  initiating the  Public Consultation period, the  BC MOE sent introductory letters to local First Nations including:

 

@                                    Malahat First Nation

0      Stz'uminus First Nation
..      Cowichan Tribes
..      Halalt First Nation

•          lyackson First Nation
..      Penelakut Tribe
•          Scia'new First Nation
•          lake Cowichan First Nation

 

Copies of these letters  are included in Appendix C.   Neither  Active Earth, nor  SIA was contacted by any of these groups as a result of these notifications.

3.3      Agency Notifications

 

On July 20, 2012, the following  Agencies were issued formal notification letters  (refer to

Appendix C):

 

•            Cowichan Valley Regional District

•            Ministry of Energy and Mines

•            Ministry of Transportation

•            Ministry of Health (local Health Authority)

•            Ministry of Forests,lands and Natural Resources Operations

•            Environment Canada

 

Neither  Active Earth, nor SIA was contacted  by any of these Agencies as a result of these notifications.  However, consultations  were held with the CVRD and Ministry  of Energy and Mines as documented below.

 

4.0       Consultations Summary

 

4.1       Public Consultations

 

Public  consultations  included  formal  and  informal  meetings  and  discussions, written correspondence, an Open House and a Public Forum.    Each interaction  provided  an opportunity for the public and other stakeholders to ask questions and seek clarifications with  respect to the Application.  The public was also afforded an opportunity to express
their   support   for   I opposition   to   the  Application,   both  verbally  and  via  written

correspondence.  This written  correspondence was received through a number of means, including:

•           Directly through the SIA Website Feedback Link (

•           Directly through the SIA Website Online Discussion Forum

•           Indirectly via email to the MOE

 

Specific questions and concerns mostly related to water quality protection measures (both surface water and groundwater)  built into the Application.   This included short-term concerns such as a sudden failure  of surface water  treatment  facilities, and long-term concerns related to the integrity of the proposed containment system.

Specific written  questions and related  responses received via the  SIA Website  Online Discussion Forum are included with  Appendix B.  Questions, comments  and associated responses communicated via the SIA Website Feedback Link are included as Appendix D. Questions   received  via  email  to   the   MOE,  along  with   associated  responses,  are summarized in Appendix E.

4.1.1    Community Meeting- May 8, 2012

 

An informal community meeting was hosted at a local coffee shop on May 8, 2012. The meeting included an introduction of the Application by SIA, a power point presentation by Active Earth, and an opportunity for questions, discussion and feedback. The meeting was

 

attended  by the CVRD Regional Director  and approximately  30 members of the  public (mostly  local to Shawnigan Village). The presentation, attendance sheet, and a summary of questions and associated responses, is included as Appendix F.

4.1.2    Application Website

 

A website  was developed specific to the application.   In addition to providing  technical information, the website was designed to  allow for public discussion and submission of questions.      Twelve  questions  and/or   comments   were  received  via  this  venue.      All questions were responded to and most comments were acknowledged.

Questions included the following general themes:

 

•      What  measures are proposed to ensure no Hazardous Waste is accepted at the proposed facility?
•            How is this facility going to benefit the local population?

•            Why has this site been chosen for the proposed facility?

•            What will be the impacts on local property  values?

•            What is the appeal process should the application be approved?

•            How many employment opportunities will result from the proposed facility?

•      Where would contaminated soil come from? Comments included the following general themes:
•       The application appears sound and well thought  out.  It is a reasonable solution to the ongoing problem of local dumping.
•              No contaminated soil should be deposited within  the Shawnigan Lake Watershed under any circumstances.
• There should be no more development within the Shawnigan lake Watershed.

 

Specific questions and comments provided  as part  of the website discussion forum  are included as Appendix B.

SIA Waste Discharge Application      

 

4.1.3    Informal Meetings- May 29, 2012

 

On  May  29, 2012, Active  Earth  and SIA met  with  Georgia Collins, the  Head of  the Shawnigan lake Watershed Roundtable and Mary-Ann Watson, a local resident and vocal opponent  to the Application, at the SIA offices on Stebbings Road.  Active Earth and SIA provided each party with a summary of the Application and addressed their questions and concerns.  These mainly related to local property  values and water quality.   Ms. Collins was also provided a guided tour of the SIA facility.  Minutes from these two meetings are included as Appendix G.

Representatives from SIA again met  with  Ms. Collins of the Shawnigan Lake Watershed

Roundtable on June 11,2012 to further  discuss the proposed facility design.

 

4.1.3    Open House- May 31, 2012

 

An Open House was hosted by SIA on May 31, 2012 at the Shawnigan Lake Community Centre, from 4-9pm. The Open House was attended by SIA, BC MOE and members of the Active Earth design team, and included a poster-board presentation.  The objective of this forum was to allow stakeholders to review summarized technical information and discuss the  Application  with  SIA and Active  Earth.   This type  of  forum  allowed  for  informal discussions and explanations on a one-on-one basis.

The Open House was attended  203 participants (based on the sign-in sheet).   This represents  less than 3% of the local population  (estimated at 8,000).  The meeting was well  publicized  by SIA as well  as local interest  groups  such as the  Shawnigan Creek Protection  Society.  Local interest groups also posted signs around the community  which served to provide further notification of the pending Open House.

A copy  of the  poster  presentation,  summary  of  feedback, the  sign in  sheet, and the feedback forms, are included as Appendix H.       Appendix H also includes a summary  of questions  (pulled  from  the  feedback forms)  and associated responses.  Most  of these responses were communicated verbally at the Open House.

4.1.4    CVRD Public Meeting

 

On July 12, 2012,the Cowichan Valley Regional District (CVRD) hosted a Public Meeting at the Kerry Park Arena in Mill Bay.  The meeting was attended by MOE,Ministry  of Mines and Energy (Mines), the CVRD Board and Area Directors, SIA and Active Earth.  According to the CVRD Meeting Minutes (included within Appendix I) approximately 350 people attended  this meeting.  This represents about 4% of the local population.   The meeting minutes were not reviewed for accuracy by SIA or Active Earth.

The meeting was organized and facilitated  by the CVRD. It included formal presentations by MOE, Mines, and Active Earth on behalf of SIA (included within  Appendix 1).     Each presentation   was  followed   by  questions  and  answers.    At  the   conclusion  of  the presentations  and question/answer  sessions, the  attendees  were  provided  the opportunity  to  provide  formal  comments  which  were  to  be  included  as part  of  a submission to the MOE on behalf of the CVRD.

4.2      First Nations Consultations

Representatives from  SIA and/or  Active Earth met  with  representatives  from  both  the Malahat  First Nation and Cowichan Tribes to discuss the proposed facility  and address comments and concerns. Preliminary discussions were held with Chief Harvey Alfonse of the  Cowichan Tribes on June 7, 2012.    These preliminary discussions introduced  the proposed facility on a conceptual level.  Chief Alfonse indicated that he had no comment related to the proposed facility.

Subsequently, on July 10, 2012, a meeting  was hosted with  Chief Michael Harry of the Malahat  First Nation at the SIA offices.   SIA and Active Earth representatives  provided Chief Harry with  a Summary Memo  and took him through  a power point  presentation outlining the detailed facility design (both the Memo and Presentation are attached within Appendix J).   The presentation was followed by a guided tour of the SIA facility.

The Malahat  First Nation  has since expressed their  support  for  the  proposed facility through written  correspondence with  the  MOE and SIA, and through  verbal comments made at the CVRD Public Meeting held on July 12, 2012. The Malahat First Nation letter of support is included with Appendix H.

4.3       Agency Consultations

 

SIA and Active Earth met with CVRD Board and Staff members on several occasions, both before, and during the consultation period.  The first of these meetings was on March 6,
2012 when representatives of Active Earth and SIA met with Area Director Bruce Fraser at the  SIA Offices to  discuss the concept of the  proposed facility.   At that  time, Director Fraser expressed his support for the facility and that the CVRD as a whole, recognized the need for such a facility.

Following this meeting, Director Fraser arranged for SIA and Active Earth to give a formal presentation to select CVRD staff members at the CVRD offices in Duncan on March 13,
2012.        The  meeting  was attended  by  Director  Fraser, Brian   Dennison {Manager  of Engineering),Tom Anderson (General Manager,Planning and Development) and Harmony Huffman (Environmental  Technologist).        A  copy  of  the   presentation   is  included  in Appendix K.

Additional, informal  meetings and discussions were  held with  CVRD representatives  on April 9, 2012 (Bruce Fraser and CVRD Staff), May 22, 2012 (Bruce Fraser), June 7, 2012 (CVRD Staff) and June 25, 2012 (CVRD Chair- Rob Hutchins).

In addition,SIA representatives met with NDP MLA Bill Routley on June 25,2012 to discuss the proposed facility.  Mr. Routley indicated that he had no comment or input.

5.0        Written Responses to Comments and Reports

Active Earth provided  written  responses to comments  received by various stakeholders following review  of the  Technical Assessment Report, or  portions  of the  TAR.       These responses are provided  as attachments  to  this  Public Consultation summary  report  as follows:

"            Appendix L- MOE Water Protection Comments and Response

"            Appendix M- Lowen Hydrogeology Consultants Report and Response

e                  Appendix N- VIHA Comments and Response

e                  Appendix 0- BC Geological Survey Report and Response

 

The comments and/or reports are also provided in the above-referenced appendices.

 

6.0       Summary and Conclusions

Public Consultations were initiated  on May 9, 2012 through the publishing and posting of formal   Notifications.       Consultations  were  subsequently  undertaken  with   the  Public, Interest  Groups, government  organizations, and First  Nations  in  accordance with  the requirements  of  the  Public Notification Regulation.       Consultations  included  informal meetings   and   discussions,  as  well   as  a  formal   Open  House  and   Public  Forum. Opportunities for  stakeholder  feedback were  provided  via email, an online  discussion forum, feedback forms,and verbally at several venues.

Overall, feedback has been provided by less than 10% of the local population  (likely less than 5%), even though the application was well-publicized  by both the proponent and an opposition   group  calling  themselves  the  Shawnigan Creek  Protection   Society.    This indicates a high-degree of indifference to the proposal by the local population.   Of those who provided  feedback, approximately  80-90% opposed the application  while a smaller proportion {10-20%expressed their  support}.    The primary  reason for  opposing the application related to concerns regarding potential impacts to water quality.  A proportion of those opposed to the application simply opposed any commercial/industrial activities within the Shawnigan Lake Watershed,or the broader Cowichan Valley Regional District.