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Davie Bay, Texada Island, Canada - Lehigh Northwest Cement (HeidelbergCement AG) Texada South Quarry


Friends of Davie Bay (FODB) is a BC Non-Profit Society contesting a proposal by Lehigh Northwest Cement (Lehigh) to quarry above Davie Bay, Texada Island, and build a barge loading facility in the bay. This site is dedicated to defending Davie Bay. We are lobbying the BC and Federal governments to refuse the Lehigh application and preserve the valuable Crown lands and foreshore for public use.

Lehigh, whose parent company is HeidelbergCement AG, (Germany) applied in May 2009 to the BC Government for use of the foreshore at Davie Bay for a barge loading facility. Lehigh plans to extract 240,000 tonnes of limestone per year.

*** UPDATE. NOVEMBER 19, 2012 ***

Dear Friends,

As you know Friends of Davie Bay were unsuccessful in the BC Court of Appeal decision dated July 16, 2012. Friends wanted the BC Environmental Assessment Office (EAO) to conduct an environmental assessment of the proposed Lehigh quarry at Davie Bay, Texada. The EAO relied on Lehigh's statement of intended production to determine whether an environmental assessment (EA) is necessary. As Lehigh indicated annual production of 240,000 tonnes this fell below the threshold of 250,000 tonnes where an EA would be mandatory under the regulations.

Friends argued that physical scale of a quarry should determine whether it should be subject to an EA. As the Lehigh quarry has mineable reserves of over 100 million tonnes, a mining disturbance of 75.6 hectares and a conveyor capacity of 2,500 tonnes per hour, it should have been subject to an EA.

Seeing as we have reached the end of the legal process, Friends have recounted the Davie Bay Story. You will see we are making a final appeal for funds so that we may reimburse Lehigh for its claims.

If insufficient donations are received, Friends of Davie Bay, as a non-profit society incorporated under the Society Act, has no assets to liquidate to satisfy the sums requested by Lehigh. FDB believes it has acted reasonably in the pursuit of this public interest case, with the support of the WCEL Environmental Dispute Fund, for the purpose of conserving and protecting the environment of the Davie Bay area of Texada Island. Friends intend to allow sufficient time for the collection of donations to pay Lehigh’s requested sums, but intend to close the appeal on Mar 31-2013 as Friends anticipate, with the conclusion of the legal case, the potential for further donations will be exhausted.

Thank you Friends so much for your support.

Richard Fletcher, James Mack and John Dove, Directors. Friends of Davie Bay

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Legal Background

The judicial review took place in Vancouver in the Supreme Court on February 1, 2011. Here is background information and the FODB submission to the BC Supreme Court, filed January 18, 2011.

The FODB Press release of January 31, 2011 is here.

A summary of the February 1, 2011 court proceedings is here.

A copy of the reply Submission made to Justice Voith at the Hearing on February 1, 2011 is here.

FODB argued that BC's Environmental Assessment Office has incorrectly interpreted the regulation that would trigger an environmental assessment by relying solely on Lehigh's estimated production rate of 240,000 tonnes per year. FODB seeks a court order declaring that the Reviewable Project Regulation requires an environmental assessment when the infrastructure investment, equipment, operational plan and size of the proposed quarry and reserves indicate that the quarry will have a capacity that exceeds the defined capacity of 250,000 tonnes per annum.

FODB say that “production capacity” in the Regulation means what a mine is capable of producing, not just what the company says it will produce. The mandatory provisions of the Act cannot be evaded by a proponent’s subjective declaration that they will voluntarily use only a fraction of a project’s capacity.

If you would like to join the Davie Bay email group for regular updates, please send a request to friendsofdaviebay@gmail.com

Click here for the full press release of July 26, 2010.

Here are the Petition, Affidavit and Index to Affidavit Exhibits filed with the Court, July 26, 2010.

We are grateful to the generous support of West Coast Environmental Law who is assisting us in the legal fight. However, we need to raise funds for the cause. If you can help please consider a donation to FODB, either through the PayPal link above, or by sending a cheque, payable to Friends of Davie Bay, to FODB, Box 136, Gillies Bay, BC, V0N 1W0. Every dollar helps.

More information about Davie Bay

Davie Bay is an area of outstanding natural beauty; the shoreline and islands of Davie Bay are spectacular. Tom Scott has posted a selection of pictures of Davie Bay at picasaweb.google.co.uk/tomnsharon/DavieBay. Davie Bay has little islands just offshore and spectacular views of the Georgia Strait, including Lasqueti and Vancouver Islands.

A movie of Davie Bay is now available on YouTube: Davie Bay - A Place Worth Protecting

The province's auditor general says B.C.'s Environmental Assessment Office is failing to do an adequate job monitoring compliance at mines, power plants, big tourist resorts and other major projects.: click here for news item from CBC.

The Auditor general's report on the Environmental Assessment Office (PDF).: is here.

Check out the WCEL Blog Size matters when it comes to environmental assessments.

Listen to the July 28 CBC Victoria podcast of the interview of John Dove (FODB) by Gregor Craigie "On the Island".

Friends of Davie Bay.

Blubber Bay, Texada Island, BC