Tailings pond plans not part of public hearings

Plans to construct a northern Alberta tailings pond without a berm on its western edge were not required to be ready when public hearings were held into the Horizon oilsands project in fall 2003.

Alberta Environment Minister Rob Renner was asked Tuesday if he was concerned that the plan to build the pond, operated by Canadian Natural Resources Ltd. (CNRL), with only three berms instead of four wasn't raised at the 2003 hearings.

"The engineering of these tailings ponds are detailed as the project progresses and so the geotechnical work and that wouldn't be available at the conceptual stage," Renner said.

The lack of a fourth berm was raised this week by a CBC News investigation that found animal tracks heading toward the edge of the pond.

People from the Fort McKay First Nation are concerned that there are no barriers preventing the animals they traditionally hunt and trap from accessing water on the unbermed western side.

A joint federal and provincial panel approved CNRL's overall Horizon project with 17 conditions on Jan. 27, 2004.

Natural embankment found 'suitable'

Plans to construct the pond with berms on three sides were approved later by Alberta Environment — in April 2004. According to the plan, tailings were to be contained on the unbermed western side by a clay base and a slope in the terrain.

Renner said that after the initial conceptual phase of project approval, "there is then a requirement for the detailed plans to be approved actually by my department through a dam assessment."

"In this particular case, they satisfied our officials that the natural embankment, with the geotechnical information intact, would provide a suitable barrier to tailings," Renner said. 

"There have been others that have been approved in a similar fashion, so this isn't a one-off."

An official with Alberta Environment said CNRL was required to advertise the construction plans for the tailings pond prior to approval in order to give the public a chance to raise any concerns.

Environment Canada examining the pond

Environment Canada enforcement officers were sent to inspect the tailings pond Tuesday by federal Environment Minister John Baird.

They were expected to fly over the site in a helicopter, but no other details of how they will be conducting their evaluation were released. They were accompanied by a number of enforcement officers from the Alberta government.

Officials with Alberta's Energy Resource Conservation Board did a routine inspection of the site two weeks ago, and again on Monday, and found the pond was operating within regulations.

CNRL said its tests show no signs of toxins getting into the groundwater but admitted beavers have been getting into the area.