Flathead Basin Commission TOR

I would like to thank you for the opportunity to comment on the Cline-Lodgepole draft Terms of Reference. We have attached written comments and transcribed oral comments from citizens on both sides of the border concerned with the deficiencies in the draft TOR for the proposed Cline-Lodgepole coal mine.

For the sake of brevity, I will reference the comments already provided by the State of Montana, and strongly urge you to adopt the recommendations made in those three documents as these comments were based on the recommendations of scientists with long standing expertise in the areas of water quality, wildlife and fisheries (see letters from the Governor’s Office dated April 14, 2006, the Montana Department of Natural Resources and Conservation dated October 18, 2006, and the most recent letter from the State of Montana forwarded to your office this week).

In addition to the comments noted above submitted by the State, I would like to point out the commonalities between the Province of British Columbia and the State of Montana as both governments are ultimately charged with the stewardship and protection of this incredibly unique area called the Flathead Basin which is designated as:

§ the Waterton-Glacier International Peace Park (the first of its kind in the world);

§ the headwaters for three of the world’s four oceans – the Pacific, Atlantic and Arctic – are derived from Glacier’s Triple Peak Divide located in the Flathead Basin;

§ Glacier National Park on a portion of land on the Montana side of the border;

§ home to the highest density of grizzly bears and other mid- and large-sized carnivores in interior North America; and

§ a significant spawning area for both migratory westslope cutthroat trout and bull trout.[3]

Given the incredible designations associated with this area, FBC urges British Columbia to undertake the 3-5 years of baseline data called for by the scientists that will ultimately attempt to analyze the probable impacts of this proposed Cline-Lodgepole mine. Without such baseline data, it will be impossible to make credible or scientifically-based decisions regarding environmental impacts, and will serve to undermine the integrity of the Environmental Process upon which adoption or denial of this proposed mine depends. Cline has repeatedly maintained that only on-site impacts should be analyzed as per the B.C. Environmental Assessment process, but such a limited environmental analysis would trade short term expediency benefiting Cline, at the expense of the long term economic and environmental integrity of both British Columbia and Montana. It is clear that while Cline siphons off natural resources from the Province, it is British Columbia and Montana that will ultimately suffer the negative externalities associated with the open-pit mountain top removal currently being proposed as adequate mitigation for such a large scale mining operation simply does not exist. Therefore, we urge British Columbia to insist upon the three to five years of baseline data, within the confines of the draft TOR.

As noted above, the commonalities between British Columbia and Montana abound. Residents from both north and south of the border voiced their concern and opposition of the proposed Cline-Lodgepole mine. Based upon citizen comments, it became abundantly clear that both the Province and State face the same challenges, including but not limited to maintaining a vibrant tourism and recreation-based economy for local residents and safeguarding water quality to protect public health.

The FBC is aware that the Southern Rocky Mountain Management Plan permits coal mining in the Flathead Basin. However, we believe that this plan should be amended to in order to protect the high biodiversity which characterizes the Basin. Similar types of planning changes have taken place in Montana to protect other environmentally significant areas. The State of Montana worked to permanently close the Rocky Mountain Front to oil and gas exploration, and engineered the buy-out of the proposed New World gold mine outside of Yellowstone National Park. At the local level, governments are also doing their part to protect water quality, and have required local waste-water treatment plants to upgrade to tertiary treatment standards. At the federal level, the government responded to the citizen outcry regarding proposed drilling activities in the Arctic National Wildlife Refuge (ANWR). It is our hope that this temporary measure to protect ANWR can evolve into permanent ban. The Rocky Mountain Front, Yellowstone and ANWR all represent areas that are simply too precious to mine. The FBC believes that the Flathead Basin merits the same protection afforded to these treasured landscapes. Such a win-win solution would enhance the positive relationship and economic interdependence between the Province and the State.[4]

In closing, it is critical that British Columbia and Montana work together to ensure that we adhere to the “precautionary principle” when managing this ecologically diverse basin. Otherwise, the proposed Cline-Lodgepole mine will destroy, in short order, that which nature took eons to create. It will be a loss suffered not only by all of us, but for future generations who are depending upon both our vision and stewardship.

[1] The Flathead Basin possesses some of the highest biodiversity in the world, rivaling that of the Latin and South American rainforests.

[2] The North Fork of the Flathead River possesses this designation.

[3] Fisheries surveys conducted by the Montana Department of Fish, Wildlife, and Parks documented the importance of this area for fisheries. In 2003, 62 bull trout redds (nests with eggs) in the North Fork immediately downstream of the confluence with Foisey Creek were identified. This number represents 37% of bull trout redds in the North Fork spawning areas and over 20% for the Flathead Lake system. In 2006, 78 redds were found in this reach.

[4] Protection of the Flathead Basin would also contribute to efforts to address global warming.