AS DUMP trucks carry loads of sand for the raising of the dam embankment of Benguet Corporation's (BC) Tailings Storage Facility 2 (TSF 2), stakeholders of Itogon piled up rocks to stop the project.
The lower downstream community composed of three barangays in the town joined for the call to stop the plan to raise the dam level of TSF 2 in Itogon, Benguet.
Last October, BC notified the community and Itogon officials before the implementation of the project and said considering all issues and concerns raised were clarified, they claim there are no other hindrances to further delay the implementation of the raising of the dam embankment of TSF.
The company said it will resume the dam raising activities the soonest time possible in order to conclude it before the onset of the heavy rains and typhoons, adding the dam raising is vital for the protection, safety, and integrity for the safe impoundment of tailings materials to the TSF 2 to avoid overspill.
The enhancement is up to a maximum of 775 meters but it will be used only up to 773 meters as the additional two meters will be maintained as a free board.
In a letter addressed to Itogon Mayor Victorio Palangdan, Lower Downstream Communities in Itogon, Municipal Council of Itogon, barangay officials of the three barangays on October 13, 2020, BC's Resident Manager Valeriano Bongalos Jr. and administrative manager Lawyer Froilan Roger Lawilao sai the Mines Geosciences Bureau-Cordillera Administrative Region (MGB-CAR), together with the Environment Management Bureau (EMB-CAR) and the National Commission on Indigenous Peoples (NCIP-CAR), has issued their respective answers regarding the issue.
On August 28, Palangdan lifted the stoppage order in reference to the raising of the dam embankment of the company's TSF 2, which was voluntarily put in abeyance by the company in compliance with the stoppage order issued by the mayor on August 5 pending acquisition of required permits and also for the clarification of issues and concerns raised by the Lower Downstream Communities, the local government unit and other stakeholders.
BC said that on September 10, the MGB-CAR responded that it has no objection for the dam enhancement activities as it fully authorized with the issuance of the Environmental Compliance Certificate (ECC) issued by the EMB and was approved by the Mine Rehabilitation Fund Committee.
"On September 7 this year, NCIP-CAR also issued legal opinion declaring that the occupation of the parcels of the land where the TSF2 is located constructed falls within the ambit of vested property rights under Section 56 of RA 8371 and the Company need not secure the Free Prior Informed Consent (FPIC)," BC said.
Background
The EMB had issued an ECC to the company to raise the dam's level to 775 meters above sea level to accommodate more tailings to come from its existing operation.
The mining firm's current operation, the Acupan Contract Mining Project (ACMP) conceptualized on 2002, was formed after request from the community and endorsement from the local government and MGB-CAR, according to Lawilao.
It is a form of a community-based project, one-of-a-kind partnerships with the IPs and community who formed themselves into associations where they are allowed to mine identified mining areas at the underground.
The production after being processed and sold to the Bangko Sentral ng Pilipinas is shared 60 percent in favor of the community associations and the rest to BC.
The members of the community-based associations are small-scale miners/displaced miners or employees after the suspension of the big operation in 1992.
Lawilao said the company constructed three dams, TSF 1, 2, and 3, adding that the other two dams were used during their previous operations, with the TSF 2 utilized for their current operation.
The mining firm and MGB-CAR Director Fay Apil said the mining firm has the documents to implement the raising of the level of TSF dam 2 but the challenge lies on the opposition, as they claim the project is not safe.
Talks with the stakeholders of the town started since 2013 and led to issuance of a Memorandum of Agreement with the lower downstream communities, which involve Barangays Dalupirip, Poblacion and Tinongdan, who agreed to the raising of the level of the dam to two meters back in 2014.
On February 2, 2020, the lower downstream communities in a petition said the company commenced its dam raising activities for TSF 2 on February 1, and as a response, they called for the immediate stop of any activities and abandon the dam raising project.
"While we have been very supportive of the corporate initiatives and mining operations of BC for the past decades, we nevertheless deeply concerned about the structural integrity as well as social and environmental impacts of raising the Tailings dam no. 2 which constitute the reason for this petition," the petitioners stated.
Petitioners further asked for the various agencies to provide appropriate actions, including for EMB to revoke the ECC for the project, for MGB-CAR to withdraw order requiring BCI to increase the height of the structure, and for the National Commission on Indigenous Peoples to require and not to exempt the company in adhering the process of Free Prior and Informed Consent for the said project.
The mining firm was also asked to improve and construct the appropriate drain tunnels and penstocks to contain the volume of water and debris coming from Balatoc and Ambalanga rivers, complete the unfinished TD 2 Spillway, to submit an approved Final Mine Rehabilitation and Abandonment Plan with the corresponding approved budget, fully settle unpaid legitimate claims attributed to the dam's construction and to provide the funding requirement and implement the Social Development Management Programs backlogs due to the host communities.
The petition was also supported by the local government after it issued a stoppage order on August 5 to the activities in TSF 2 until such time the company secure necessary documents including a building permit.
Third party consultant
A tailings storage facility is a structure built for holding mine wastes wherein large-scale mining companies are mandated by law to have their own TSF before the start of its operations.
After the mining company was given ECC, another assessment was conducted by a third-party consultant.
For the Tailings Storage Facility 1, 2, 3 of the mining firm, the AMH Philippines Consultants conducted an assessment of the stability of all the three tailings dams.
In its May 2017 report, AMH said the dams passed the standards and is stable.
BC reiterated that the raising of the dam embankment is not intended merely for the continuance of the Acupan Contract Mining Operation but it is a major component for the maintenance of the integrity and safe operation of TSF 2 meant to eliminate possible risks to the Lower Downstream Communities.
"Another re-assessment has been scheduled by the company as a regular means in checking the stability of the dam including the other existing environmental facilities in the company," BC added.
Decision of majority 'will prevail'
Addressing the residents of Itogon, Palangdan on December 6 said he understand the fear of the people that the dam will collapse and will destroy the river going to the three barangays.
"We should take this the legal process, because we have a court. We are still governed by laws and not by men. Dapat agfile tayu against the Benguet Corporation or datayu nga nagbarricade they can also file a case against us for coercion or some other cases," the mayor said.
He said the Municipal Council convened on December 7 together with the concerned agencies and the mining firm and concerned residents to clarify issues concerning the project.
"If you are a corporation going business (in Itogon) let us live together, nu ada madi, then it's the decision of the majority that will prevail," he said.