Friends of Davie Bay Society filed a court challenge on Monday, July 26, in an attempt to force an environmental assessment of the proposed Texada South Quarry in Davie Bay.
Despite numerous meetings and letters to ministers and other officials, the society members say they have not been listened to and that there are still no plans for a full assessment.
The society filed for a judicial review because it believes that an interpretation of an existing regulation is the core issue at play.
Lehigh Hanson Materials Ltd. plans to open a limestone quarry on 75 hectares of private and Crown land 1.6 km inland from the bay. As a part of the development, a loading ramp and conveyor will be built over the bay and across a small offshore island.
Any mining project that removes less than 250,000 tonnes annually does not require a comprehensive environmental assessment. Lehigh is proposing to mine 240,000 tonnes. The Society is contesting that the infrastructure that will be constructed for the mine would allow a capacity far beyond that and that this is enough to make an assessment necessary.
Lehigh carried out its own environmental assessment through a private contractor that determined the project was environmentally sound. The society has carried out assessments as well, through Powell River-based Vision Marine Consulting Ltd. among others, of the marine and karst components of the area. It believes it has sufficient information to contest Lehigh's findings.
"The reason we can go to court and the reason we even have a case is this is a highly sensitive site," said James Mack, spokesperson for the society. "[This is a] very important reason from an environmental standpoint, from a social and economic standpoint on Texada and [due to] the precedent-setting aspect for the residents of B.C."
Lehigh withdrew 35 hectares of land from its application, according to the society's affidavit, in order to avoid caves, waterfalls and karst. The society believes, however, that the karst formations are important and extensive enough that even with the smaller development, they will still be negatively affected.
Another issue highlighted by the Society is the rockfish conservation area found in Davie Bay. The barge loading facility that Lehigh is planning to build would be located within the area. The society is arguing that because there is no precedence for this in other conservation areas, this alone should be enough to trigger a full environmental assessment.
Evidence of eelgrass and other vital fish habitats is also present and was, according to the society, completely "ignored or omitted" in the reports filed by Lehigh. Eelgrass beds are protected under the Federal Fisheries Act as critical fish habitat.
In a letter to federal ministers John Baird, Jim Prentice and Gail Shea from January 2010, the society outlined its arguments for the necessity of a full assessment and expressed its dissatisfaction with the assessment carried out by Lehigh.
"An environmental assessment wouldn't necessarily say that the mining project couldn't continue," said Mark Biagi of Vision Marine Consulting Ltd., "but what it can do is say we strongly recommend that the barge loading facility not be in this location."
Regardless of which way the courts go, the case has the potential to be precedent-setting. Whether or not an environmental assessment is deemed necessary, the decision could affect future mining proposals.
The Ministry of the Environment was unwilling to comment while the challenge is before the courts.
A representative from Lehigh did not return The Peak's telephone calls this week after a request was made for comment.
