The proposed 9,000,000 million watt micro-hydro project at Mohun Creek may not trigger a review under the BC Environmental Assessment Act (BCEAA).

Here's some of what we know...

Presently, the project does not trigger the thresholds criteria set out in the Reviewable Projects Regulation (RPR), Part 4- Energy Projects and Part 7- Water Management Projects (BC Reg 370/2002). In this instance, an environmental assessment certificate would not be required for the project and the proponent could proceed with the project without an assessment.

On the other hand, should the BC government have reasonable grounds to believe the project may have a significant adverse environmental, economic, social, heritage or health effect, and that the designation is in the public interest- the government could initiate a determination to review the non-reviewable project under Section 6 of the BCEAA. 

Should Canada (DFO) be involved...

The environmental assessment process under BCEAA is supposed to be a harmonized provicial/federal process, the Mohun Creek hydro project should trigger an assessment pursuant to Section 27 of the BC Environmental Assessment Act, and also trigger Section 17 of the Canadian Environmental Assessment Act (CEAA). 

As of December 2008, the BC Environmental Assessment Office (BCEAO) and the Federal EAO signed a cooperation agreement whereby together they will explore and encourage the use of tools and mechanisms that are available to better integrate their respective environmental assessment requirements into a single process, including those established under (sec.27 and sec.17) their respective assessment acts.

For the BC government to attempt to push the Mohun Creek micro hydro project forward would be to exempt themselves from clearly established regulations and agreements for such, and their conduct and ethics should most certainly be questioned.  In foregoing the assessment process, the BC government  demonstrates a clear ignorance to the cumulative effects of this project and ultimately holds themselves and their actions in higher regard than that of the process, guidelines and regulations established and to whom the government is accountable -you, me and public interest.  

Assessment Threshold Criteria (BCEAA)- Water Management Projects 

• new dams >15m high;
• impound reservoir of >10,000,000 m³of water above natural OHWM;
• construction of a dyke >10km²;
• divert water at a maximum rate of > 10 million m³/year;
• dredge, fill or other direct physical disturbance of > 1 000 m of linear shoreline, or > 2 hectares of foreshore;

*in order to trigger an assessment- the project numbers must be greater than the set criteria.

Project snapshot

• Cloudworks Energy Inc. is interested in generating electricity in Mohun Creek, between Mohun Lake and Menzies Bay. 
• The proposed Mohun Creek hydro facility will generate between 8 and 9 megawatts of electricity.
• Application was made to ILMB on December 3, 2008 for a water power/general area licence of occupation that will have a maximum term of 10 years.
• The Mohun Creek hydro project will enter the Lands Act referral and consultation process where concerns will be identified and further information may be requested.
• Cloudworks Energy Inc. has not yet filed with the BC Utilities Commission for a Mohun Creek ‘Electricity Supply Contract’ (ESC), pursuant to Section 71, of the Utilities Commission Act.
• As of March 2009, the project does not trigger the thresholds criteria set out in the Reviewable Projects Regulation (RPR), Part 4- Energy Projects and Part 7- Water Management Projects (BC Reg 370/2002).
• Cloudworks Energy Inc. applied for a water licence in 2006. Water licence Z121642 has not been issued as the water licence application is under technical assessment.