CIAR, Information Request; Comments on Fording River Project

The North Fork Preservation Association (NFPA) appreciates the opportunity to comment on the proposed Fording River Extension (FRX) of the Fording River coal mine by Elk Valley Resources (EVR), situated in the Elk River watershed of British Columbia. Geographically, the Elk River Valley is next door to the Canadian Flathead River Valley which becomes the North Fork of the Flathead River Valley once it crosses the international boundary and enters the State of Montana.

NFPA is a conservation organization which focuses on the North Fork of the Flathead River Valley. The mission of the NFPA is to champion the exceptional biodiversity and wildness of the North Fork of the Flathead River watershed in Northwest Montana. The North Fork of the Flathead River Valley is bordered on the east by Glacier National Park (GNP) and on the west by federal and state public land; only 4 percent of the valley is privately held. As such it is part of the Crown of the Continent, one of the largest intact ecosystems remaining on the North American Continent. It is a refuge for many threatened and endangered species, including grizzly bears, wolverine, lynx, bull trout and many species of concern. The NFPA, along with U.S. Senators Max Baucus and Jon Tester, were instrumental in the long-term effort to protect the North Fork of the Flathead River drainage in Montana from mining and oil and gas development in the Canadian Flathead River Valley, culminating in the passage of the 2014 North Fork Watershed Protection Act.

Given the above efforts, we have considerable concern regarding the well documented selenium and nitrate contamination in the nearby Elk River Valley. Waste rock from Elk River mines leach selenium into the Elk River system which then travels to the Kootenay River drainage, crosses the international border and contaminates Lake Koocanusa, Kootenay River and the entirety of the Columbia River drainage. Downstream levels of selenium remain extreme in spite of remediation attempts, and deleteriously affect international and traditional indigenous waters and lands. Safety thresholds have been persistently elevated and selenium has been detected in fish, invertebrates and more recently and alarmingly, wild bird eggs.

We joined other conservation and environmental groups in February of 2025, signing on to a comment letter to the International Elk-Kootenai/y Watershed Study Board. In that letter we urged, in addition to other requests, a moratorium on new mine approvals pending proven cleanup technology; enforceable water quality standards and land and water protections in adjacent watersheds.

In October 2025, the Canadian government fined EVR $3.6 million for failing to reduce environmental toxins — selenium and nitrate — from polluting the Elk and Kootenai Rivers. In 2021 a $60 million dollar fine was levied against EVR mines and further fines levied in 2024 are under litigation. Clearly, there is active governmental concern regarding the level of pollution associated with the EVR mines.

Before any further expansion of the EVR mines, there should be proven clean technology, documented declining selenium and nitrate levels and protections for adjacent watersheds. To ignore these necessary measures is a gross violation of international environmental stewardship. Current mining practices endanger international watersheds, their ecosystems and  associated indigenous lands. We implore the British Columbia Environmental Assessment Office (EAO) to place a moratorium on further expansion of mines in the Elk River drainage until clear mitigation of selenium and other pollutants can be effected and watersheds protected.

Thank you for the opportunity to comment on the proposed Fording River Extension (FRX) by Elk Valley Resources (EVR) of the Fording River coal mine.