CN Rail has hired an environmental consulting company to assess the damage, following the Jan. 11 train derailment in Burnaby that saw three overturned cars spill unknown quantities of coal into Silver Creek.
On Friday, workers were on the water at Burnaby Lake, in front of the nesting area for the endangered Western painted turtle, at the mouth of Silver Creek. The crew also had the nesting area cordoned off with blue netting.
The Burnaby NOW and members of the public have photographed and videotaped some of the impacts from the spill, including blackened banks on Silver Creek, a large dark area in Burnaby Lake, and coal-coated sand on the nesting area for the endangered Western painted turtle. The area of Silver Creek where the derailment occurred is marked by signs from Fisheries and Oceans Canada that state the area is sensitive fish and wildlife habitat.
The NOW contacted three government agencies regarding the spill - Environment Canada, Fisheries and Oceans Canada, and the B.C. Environment Ministry - to find out who was looking after the fish in Silver Creek. After some initial confusion on their part about which agency was leading the response, the NOW was referred back to the Environment Ministry, which is working with CN to make sure the company is following proper protocol.
According to the revised federal Fisheries Act, it's illegal to deposit a "deleterious" substance into water frequented by fish, but Environment Canada told the NOW that coal, "when in solid form," is not considered a deleterious substance.
The NOW also had several questions for CN, including the following: Is the coal is damaging for the endangered turtles? How much will the cleanup cost? Does CN have the money to cover it?
Silver Creek runs alongside a short stretch of the railway tracks on Government Street, where the derailment occurred. CN attributed the derailment to a beaver dam that breached in heavy rains, and the subsequent washout eroded the railway embankment, causing the accident.
The NOW also asked if CN knew about the beaver dam ahead of time and wanted to dismantle it, but CN spokesperson Emily Hamer didn't know, and the Ministry of Forests, Lands and Natural Resource Operations has no record of CN applying for permission to remove or maintain a beaver dam.
In an emailed statement to the NOW, Hamer said the company is working with the Environment Ministry to assess the impact and is committed to "all measures possible to remediate the impact of the coal spill into the waterways."
According to Hamer, CN began the environmental survey of Silver Creek, Burnaby Lake and the Brunette River on Thursday, Jan. 16, five days after the spill. (The delay was caused by bad weather, which left the ground too saturated to start the survey.) The work includes "measuring and documenting the location and quantity of coal deposition, collecting information on habitat characteristics of each channel and collecting other relevant information which may aid in assessing the feasibility of practical solutions for the removal of coal accumulations," Hamer wrote.
CN still doesn't know how much coal was spilled, but Hamer said that would be determined once the environmental survey was complete.
"The data collected identifying where the coal was deposited, how much was deposited and the impact on aquatic life will be used to develop a response plan for recovery," she wrote.
As for the fish in Silver Creek, Fisheries and Oceans Canada was not onsite following the spill. Instead, Environment Canada is monitoring the situation to determine if there are any violations of federal environmental legislation, including the pollution provisions of the Fisheries Act.
Christine Ensing, an environmental services officer with the City of Burnaby, also checked the site but said she didn't have much to say at this point.
"We are definitely involved, and they are keeping us in the loop with what they are doing, and they are moving forward," she told the NOW.
Ensing pointed out that CN is responsible for the cleanup and whatever comes out of the company's assessment will include issues to do with the fish and the turtles.
She also advised people to stay out of the creek, to avoid disturbing salmon eggs, as the waterway is habitat to spawning salmon.
