<contact information and signatures removed> TSLEIL-WAUTUTH NATION People of the Inlet lisa Walls Regional Director, Pacific and Yukon Region Canadian Environmental Assessment Agency PO Box 10114 701 West Georgia St, Suite 410 Vancouver, BC V7V 1C6 October16,2013 Dear Ms. Walls, Re: Determination of Whether A Federal Environmental Assessment Is Required For The Roberts Bank Termlnal2 Project, Located 35 Kilometres South of Vancouver, British Columbia This letter is in response to your September 23, 2013 letter to Chief Maureen Thomas of the Tsleii-Waututh Nation. Tsleii-Waututh requests that a federal Environmental Assessment (EA) be conducted for the proposed Roberts Bank Terminal 2 project, as this project has the potential to impact Tsleii-Waututh rights, title, and interests. Should the Canadian Environmental Assessment Agency (CEAA) decide that an EA is necessary for this project, we expect that a consultation process would be established in accordance with the Tsleii-Waututh Nation's Stewardship Policy (2009) that would enable Tsleii-Waututh to provide CEAA with further information regarding impacts the proposed project may have. In your letter, you requested clarification on the appropriate contact person for the Tsleii-Waututh Nation regarding this project. Please send all correspondence relating to this project to myself (Erin Hanson, Consultation and Accommodation Coordinator). My contact information can be found below. I can also be reached by phone at 604-924-4184 or by e-mail at [email protected]. Please don't hesitate to contact me should you have any questions or require further information. Respectfully. Erin Hanson Consultation and Accommodation Coordinator Treaty, Lands, and Resources Department Cc: Robyn Mclean, CEAA. Via e-mail: [email protected] <contact information and signatures removed> Information to Inform the Determination of EA Requirements Please respond by: October 15, 2013 Roberts Bank Terminal 2 Project- Port Metro Vancouver Agency File No.: 80054 Aboriginal Group: Musqueam Indian Band EA Contact Name: Address: Email: 1. Please identify any potential adverse environmental effects of the Project that are of importance to your group or community. Please identify those potential adverse environmental effects that are not reflected in the project description. Please attach additional information that your group or community considers relevant. 2. Please identify any potential changes to the environment that may be caused by the Project which could result in changes to your group or community's: (a) health and socio-economic conditions (b) physical and cultural heritage (c) current use of lands and resources for traditional purposes (d) structures, sites or things of historical, archaeological, paleontological or architectural significance 3. If you expect the Project may impact your potential or established Aboriginal rights, please describe how. /gi~~: Coor-dif\DI?WT.YeAfkj ,(And ,4?esoua..e~ ~~ IG .?.ol3z T1tle of responder C'>Gp.:u'+~ , Date Please respond to the above questions by October 15, 2013 via email to [email protected] or fax at 604-666-6990. Thank you. <contact information and signatures removed> MUSQUEAM INDIAN BAND Information to Inform the Determination of EA Requirements Musqueam Indian Band. Roberts Bank Terminal 2 Project – Port Metro Vancouver. Agency File No.: 80054 1. Please identify any potential adverse environmental effects of the Project that are of importance to your group or community. Please identify those potential adverse environmental effects that are not reflected in the project description. - This project has a very high potential of having an adverse effect on Musqueam’s ability to fish. - Studies were not done on how the additional terminal may impact the shore along the river, as well as the possibility of creating a stagnant area between the terminals and the shore. This will impact habitat – rearing grounds for all salmon and their feeding area and their migration route; crab and shellfish, migratory and resident bird populations. - This project area wouldn’t allow for continuous water flow and would affect the hydrology, which could potentially create a domino effect for all aquatic resources. - Very little information on the eulachon and sturgeon populations in the river – unsure as to what the degree of impacts of their habitats would be – as there are no specific studies done on either of these species. Sturgeon are on the species at risk at and eulachon is very close to being placed on that list. 2. Please identify any potential changes to the environment that may be caused by the Project which could result in changes to your group or community’s: (a) Health: i. The increased tanker traffic in the river due to this project poses a risk to Musqueam fishers safety, as the river is currently at maximum capacity for traffic and creates unsafe fishing situations. ii. Health and social economic change – habitat changes could reduce ability to harvest aquatic resources. (b) Physical and cultural heritage: i. Musqueam has been a fishing community since time immemorial, and it is a part of Musqueam’s culture. Taking that the ability to fish will be removing an integral part of our culture. (c) Current use of lands and resources for traditional purposes: <contact information and signatures removed> i. Fishing in the Fraser River has been essential to the Musqueam since time immemorial. The ability to access the river and to fish for food, social, and ceremonial purposes is a necessity for the community. This project, poses a risk to Musqueam’s ability to fish, as it increases the tanker traffic, and creates another structure within the congested river, which impedes the aquatic resources ability to move upstream. ii. This will impact the actual practice of going out and fishing and catching – Musqueam’s ability to take youth out on the water and teaching them the cultural practices and traditions– if these structures continue to be built in the river we will not be able to do that in the future. iii. Access and other resources will be negatively impacts; crab, shellfish, migratory and resident birds. (d) Structures, sites or things of historical, archaeological, pathological or architectural significance: i. This project has the possibility of negatively impacting historical fishing areas; as well as access egress to village sites, significant archaeological sites, and resources nearby. 3. If you expect the Project may impact your potential or establish Aboriginal rights, Please describe how. - Musqueam, unlike any other First Nation that fish in the Fraser River, has a proven right (under Sparrow) to fish established under section 35. - It is important to note that there may be additional impacts revealed by preliminary EA studies. - The Canadian Environmental Assessment Agency should provide copies and or summaries of any preliminary studies done to date and provide consultation funds for the Musqueam Indian Band to review. - The project area is an important area to catch crab – it is important to look at the existing rights of way with Roberts Bank Terminal, as the creation of a new right of way will be built on top Musqueam’s fishing grounds, which will increase habitat loss and will cause a direct interference with Musqueam’s aboriginal right to fish, which will require justification and accommodation. <contact information and signatures removed> Robyn McLean Canadian Environmental Assessment Agency 410-701 West Georgia St Vancouver BC, V7Y 1C6 [email protected] RE: Information to Inform the Determination of EA Requirements, Robert’s Bank Terminal 2 Project - Port Metro Vancouver Aboriginal Group: Métis Nation British Columbia (MNBC) EA Contact Name: Christopher Gall, A/Director of Natural Resources Address: 30691 Simpson Road, Abbotsford BC, V2T 6C7 Telephone: 604-839-7944 Fax: 604-557-2024 E-mail: [email protected] MNBC currently represents over 8500 Powley compliant Citizens (1000+ more/year) in British Columbia, with the highest number residing in the Lower Mainland region of the province. There are over 2100 MNBC citizens in the Lower Mainland Region. All of the six (Fraser Valley Métis Association, Golden Ears Métis Society, Chilliwack Métis Association, Waceya Métis Society, North Fraser Métis Society, Nova Métis Heritage Association) Métis Chartered Communities within this region could be impacted by the construction, operation, and closure of proposed of the project. Both the North Fraser Métis Society based in Richmond and Nova Métis Heritage based in Surrey, are communities within the Robert’s Bank Terminal project area. As an Aboriginal rights holding group identified by the Canadian Environmental Assessment Agency (CEAA) and therefore the federal crown, and affirmed by s. 35 (2) of The Constitution Act 1982, MNBC would like to bring forth the following written submission. 1. The potential adverse environmental effects that are of importance to MNBC include: . Impacts to crab (and other shellfish) health, populations, and habitats . Impacts to fish health, populations, and habitats . Impacts to migratory bird health, populations, and habitats . Impacts of coal dust in aquatic and surrounding terrestrial ecosystems . Air quality and noise conditions (impact to both marine and terrestrial wildlife, as well as humans) . Increased traffic (both aquatic and terrestrial) . Potential spills The Métis Nation British Columbia, first incorporated under the Society’s Act on October 23, 1996, is recognized by the provincial and federal government and the Métis National Council as the official governing organization in the province of British Columbia, representing over 8,000 provincially registered Métis citizens and a population of nearly 70,000 self-identified Métis people. <contact information and signatures removed> 2. Resource harvesting is a significant part of Métis culture. If certain resources are no longer available or are adversely affected by the proposed project then certain aspects of Métis culture may be negatively affected. MNBC maintains a harvester database of Métis use from voluntary submitted surveys. From MNBC’s harvester database there is evidence of resource use in management units 2-4.