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Pabineau First Nation

INAC Announcement FN Drinking Water Action Plan. Implementation of the Protocol for Safe Drinking Water for First Nation Communities.Mandatory training for all treatment-plant operators and a regime to ensure that all water systems have the oversight of certified operators.Complete specific re

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Pabineau First Nation

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    1. Pabineau First Nation Presentation to Expert Panel August 14-15, 2006 Halifax, Nova Scotia

    2. INAC Announcement FN Drinking Water Action Plan Implementation of the Protocol for Safe Drinking Water for First Nation Communities. Mandatory training for all treatment-plant operators and a regime to ensure that all water systems have the oversight of certified operators. Complete specific remedial plans for FN communities with serious water issues, starting with the 21 communities most at risk. A panel of experts appointed (May 31, 2006) to advise on the appropriate regulatory framework, including new legislation developed with all partners. A clear commitment to report on progress on a regular basis.

    3. INACs Strategic Plan 10 Regional Public Hearings. Review presentations from each region. Interim Report to be submitted to Minister Prentice and National Chief Phil Fontaine (by September 2006). Final report to be submitted to Minister Prentice and National Chief (by Fall 2006). Minister to announce his preferred options with respect to First Nation Water in the Fall of 2006.

    4. Expert Panel Mandate: To identify options for a regulatory framework for ensuring safe drinking water in First Nation communities. Roles, Authority, & Accountability: FN govts, INAC, HC, EC, provincial governments Standards: Source water protection, drinking water quality, monitoring and inspection, O & M, operator training and certification, design, construction & building, emergency response Approval Process: Drinking water and wastewater facility permits & licences, environmental assessment process, operator certification process. Enforcement: Enforcement agencies & authority, information sharing between responsible parties, fines & penalties for non-compliance, oversight & followup Public Involvement: public reporting.

    5. Government Roles and Responsibilities Environment Canada: Source water protection Health Canada: Monitoring of drinking water quality INAC: Drinking water & wastewater infrastructure First Nation Governments: Ensuring that community drinking water systems remain in compliance with the standards outlined in the Protocol for Safe Drinking Water in First Nation Communities.

    6. First Nations Primary Concern related to the implementation of the various options considered in the regulatory framework _______________________________ The human, financial, and infrastructure requirements of First Nations to enable them to implement and comply with a FN water regulatory framework

    7. Pabineau First Nation Water System Upgrade

    8. Existing Water Sources Potable water is presently supplied to the PFN community by two primary sources: One community groundwater well located along the western bank of the Nepisiguit River, and Private residential wells.

    9. Community Groundwater Well Inadequacies: Inadequate quantity to service community (less than 10 gpm) Inadequate quality (elevated flouride and barium levels that exceed the Canadian Drinking Water Standard)

    10. Private Residential Wells Although a number of private residential wells within the PFN community contain satisfactory water in terms of both quality and quantity, a great number of existing wells contain water with elevated levels of a variety of elements that exceed the Canadian Drinking Water Standard (e.g., flouride, barium, iron, manganese, etc.)

    11. 1989 Water Research March 1989: Four test holes drilled - Water samples contained flouride levels that exceeded the CDWS. - Wells yields ranged between 5 to 10 igpm June 1989: A test pit was excavated along bank of Pabineau River and a trench then constructed to collect water from three surface springs identified in the area. - Water samples contained manganese and iron concentrations that exceeded the CDWS - Surface springs yields ranged between 5 to 7 igpm.

    12. 1989 Water Research contd October 1989: Five more test pits were excavated and two test wells drilled. One of the two wells proved inadequate in terms of quality and quantity. One of the two wells: - The water quality fell within the CDWS. - Well yielded less than 10 igpm, which was marginally adequate to meet the consumption demands in 1990. This raised concerns regarding the long-term yield of the well and future water supply requirements of the community.

    13. 2004 Surface Water Investigation River Water The possibility of using river water was then reviewed: Nepisiguit River: determined to be within the established guidelines for most parameters. Pabineau River: expected to be similar to that of the springs in the area, which were within the CDWS, with the exception of elevated manganese levels.

    14. River Water Supply Concerns Several potential sources of contamination were identified upstream in both river systems, including various mining operations, logging operations, and the Red Pine Landfill. Infiltration gallery would be required Supply would require treatment prior to distribution The Nepisiguit or Pabineau River watersheds would have to be designated as protected by the New Brunswick Department of Environment and Local Government.

    15. Community Water Quality Review Water quality data collected by Health Canada throughout the PFN community between 1977 and 2004 were reviewed. Although a number of private residential wells within the PFN community contain satisfactory water in terms of quality, a great number of existing wells contain water with elevated levels of a variety of elements that exceed the Canadian Drinking Water Standard (e.g., flouride, barium, iron, manganese, etc.)

    16. Community Water Quality Review, contd Eastern Pabineau: Fluoride concentrations exceeding the Guidelines for Canadian Drinking Water Quality was identified in the eastern portion of the community, including the community well. (characteristic of the granite bedrock found in this area). The treatment of fluoride requires reverse osmosis, which is both expensive and maintenance intensive. North-Western Pabineau: Many of the wells located in the northwestern portion of the community did not show elevated fluoride levels.

    17. 2004 Geophysical Survey September and October 2004: A Geophysical survey was completed in the area located between the developed western and north-western portions of the community. Four areas in this central portion of the community were considered to have a higher potential for containing groundwater based on this information.

    18. October 2004 Test Well Drilling & Results Based upon the research, three test wells were drilled in target locations on October 27th, 2004. In all three test wells drilled, granite bedrock was encountered and no significant amount of water was identified. The three test holes were abandoned at the conclusion of drilling.

    19. Water Supply Options/Recommendations The following options to supply the PFN community with potable water were presented by MGI for our consideration: Complete a groundwater exploration program on the eastern side of the Nepisiguit River; Install a water infiltration gallery along the Pabineau River; or Enter into an agreement with the City of Bathurst to connect to their municipal water supply.

    20. 2005 Water System Upgrade Research In 2005, the Chief and Council contracted an engineering company, Boissonnault McGraw and Associates Ltd., to prepare a report of their professional opinion of the probable construction costs for the three water source options identified by MGI. Connect to Bathurst water supply system, Construct an infiltration gallery near the Pabineau River, and Upgrade the water supply system using existing and new wells.

    21. Class D- Probable Construction Costs Option 1: Connection to City of Bathurst $3,475,599 Option 2: Pabineau River Infiltration Gallery $2,752,203 Option 3: Existing & New Wells/Filtration $2,589,363 To Extend System from Pople St to Sewell Street, White Birch St. and Brunswick Mines Road $ 494,937

    22. 2005 and 2006 Negotiations with the City of Bathurst Summer and Fall 2005: Numerous meetings with the City Mayor, Stephen Brunett, City Engineer, Maris Freemanis, and the Director of Construction and Design, Marc Losier, to explore the willingness of the City Council to enter into a water service agreement with the Pabineau First Nation. Examined the volume of water required by the community for: a) household use b) flushing requirements c) firefighting capability d) economic development capacity e) etc.,

    23. Prior to entering into a formal service agreement with the Pabineau First Nation, the City of Bathurst has to consider the following: a) the present capacity of its plant (3 Million gallons per day) and its target capacity (4 Million gallons per day) to service its present and future requirements b) the added requirements of its newly developed Caron Drive, Bayshore Drive, and Youghall Drive extensions c) What to do with the Local Service District between the City limits and the Pabineau First Nation (Big River) d) Service agreement details e) Performance criteria of both parties

    24. December 13, 2005: The Chief, Council, and our engineers, met with the Mayor, the City Engineer, and Director Construction and Design. At this meeting, we received a formal letter from Stephen Brunett, the Mayor of Bathurst, informing the Chief and Council that the members of the Bathurst City Council had formally met, consulted, and agree to provide water to the Pabineau First Nation community, as per our discussions and preliminary planning and design. December 20, 2005: The City Engineer, Maris Freemanis, provided our Council with a copy of : a) the City of Bathursts Approval to Operate Drinking Water Distribution Facilities (Province of N.B.) b) the City of Bathursts Approval to Operate Drinking Water Treatment Facilities (Province of N.B.) c) the City of Bathursts Water and Sewer By-Law d) the City of Bathursts Water Agreement with the Town of Beresford e) a copy of the City of Bathursts latest water test results.

    25. Engineering: Planning & Design, for the Bathurst Connection Our engineers (BM) prepared a proposal to the Chief and Council for the provision of the following engineering services to complete the planning and design phase of this water project: - Topographic survey - Preliminary and detailed final design and specifications, - Class B cost estimates, and tendering documents - Assistance and advise with tender call, including tender evaluation and recommendation for award, - Soil testing along roadway to locate rock depth, if any - Soil report by geotechnical laboratory

    26. March 17th, 2006: INAC listed the Pabineau First Nation as one of the Highest Risk communities for water in Canada. Our overall Risk level is 9. Priority Communities for Water REGION NAME BAND NAME Overall Risk Level ONTARIO Shoal Lake No. 40 10 ATLANTIC Pabineau 9 BRITISH COLUMBIA Semiahmoo 9 BRITISH COLUMBIA Shuswap 9 BRITISH COLUMBIA Toguaht 9 ONTARIO Constance Lake 9 ONTARIO Moose Deer Point 9 ONTARIO Northwest Angle No.37 9 ONTARIO Ochiichagwebabigoining First Nation 9 ALBERTA Dene Tha 8 ALBERTA Driftpile First Nation 8 ALBERTA Frog Lake 8 ATLANTIC Woodstock 8 BRITISH COLUMBIA Canoe Creek 8 BRITISH COLUMBIA Lake Babine 8 BRITISH COLUMBIA Toosey 8 ONTARIO King Fisher 8 ONTARIO Muskrat Dam Lake 8 ONTARIO Wagigoon Lake Ojibway Nation 8 QUEBEC Kitigan Zibi Anishinabeg 8 YUKON Taku River Tliingit 8

    27. Having advance notice of our national ranking, on March 17th, a meeting was scheduled with Les Keyes (INAC), Trish King (DPW), Patrice Hawkes (Health Canada), our engineers (Boissonault McGraw), and Tim Culligan (NSMDC), and I to discuss the recommendations of our engineers, a concrete plan of action from INAC, and the anticipated funding requirements for: a) the Planning and Design of the Bathurst connection, b) the cost of flushing the entire system, using either trucked water or river water (as our existing system does not produce enough water to flush itself). c) reimbursement to the Pabineau First Nation for providing potable bottled drinking water to all high risk residences and community buildings since the BWA was first declared (June 2005 to March 31st) as well as for the upcoming 2006-07 fiscal year, d) the provision of temporary in-home filtration devices to deal with the harsh bacteria and chemical irregularities in the water and to enable residents to bathe, do laundry, etc., until the new water system is constructed and operational.

    28. 2006-07 Fiscal Year: May 2006: A meeting was scheduled at the Pabineau First Nation on May 12th with the Chief and Council, 2 staff at INAC (Capital), one staff member from DPW, and three NSMDC staff members to discuss: a) our short-term interim measures, b) our long-term permanent solutions, and c) INACs commitment to our water system upgrade for 2006-07. Our meeting proceeded, as scheduled, although to our surprise and disappointment, no one from INAC or DPW showed up in our community to attend.

    29. May 2006, continued: While attending a Chiefs Assembly in Oromocto, Tim Culligan, NSMDC, and I had a meeting with our retiring RDG, John Brown. - A very positive meeting - John committed to dealing with our water issue forthwith and informed us that Ian Gray and the DPW would be scheduling a meeting with our Council in the upcoming week. Our next meeting with INAC - a major setback: We learned that prior to forwarding funding to Pabineau for the Planning and Design Phase of the Bathurst Connection, INAC would like to study the Pabineau First Nations water problem further, by installing private in-home water treatment systems to see if this could form a reliable solution to our entire BWA problem.

    30. June/July 2006: On June 30th,2006, while attending a Housing meeting in Halifax, I met with Michelle Hicks, INAC (Capital), and expressed my sincere disappointment with the Atlantic Region for their lack of meaningful commitment to the longstanding water issues of the Pabineau First Nation Community. A band-aid solution is not what is required for Pabineau. I made it clear to INAC that although I expect financial support to complete the planning and design phase of this project and to provide potable water to the community on an interim basis, I do not expect that our $4 million water system in Pabineau should come from our existing Atlantic Regional Capital budget ($5.5 Million per year). The commitment to address the First Nation water concerns of the Canada came directly from Minister, Jim Prentices office. Headquarters (the Ministers Office) must be held responsible to provide additional financial resources to the Atlantic region to see this project through. Michelle Hicks assured me that she would take my concerns back to Region and see what she can do.

    31. Since my June 30th, 2006 meeting with Michelle Hicks, INAC staff have indicated that the ARO is now prepared to make a formal commitment to the following: a) providing funding for the Planning and Design for the Bathurst Connection b) providing funding to the Pabineau First Nation for providing potable bottled drinking water to all high risk residences and community buildings, c) providing, as an interim short-term measure in-home filtration devices, where needed, to deal with the harsh bacteria, chemical irregularities, and sediment in the water, which will enable residents to bathe, do laundry, etc., and d) assisting our First Nation in pursuing funding from Headquarters for the completion of our water system upgrade, i.e., the Bathurst connection.

    32. Developments in Winter 2007 In February 2007, the Chief and Council signed a funding agreement with INAC that provided the Pabineau First Nation with access to $310,100 to: address the short-term solution to the boil water advisory for 23 homes connected to the community water system by testing and analyzing community water and providing water softeners, UV filtration, and RO filtration systems, and address the long-term solution by completing the design of the pipeline connection to the City of Bathurst and community distribution system.

    33. Short Term Solution: $83,600 for: Water testing and analysis of 23 homes A pilot system of water softener and reverse osmosis system in two homes Installation of water softener, reverse osmosis system, and storage tank in 21 homes Ongoing monitoring and maintenance

    34. Long-Term Solution: $226,500 for: Completion of the design and Class B cost estimates for a pipeline connection to the City of Bathurst, including a topographical survey, soil testing and soil reports, and Design the on-reserve distribution system, including a water tower

    35. Bathurst Connection Once an agreement is signed with the City of Bathurst, the infrastructure has been installed, and a connection to the Bathurst water supply is secured, we will have collectively resolved a water supply problem that has cost the Pabineau First Nation approximately two decades of work and a substantial volume of capital and administrative funding. This proposed agreement will indefinitely guarantee that an adequate and potable water supply will be accessible to the members of the Pabineau First Nation community for residential, fire protection, and economic development purposes.

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