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DENR-XI stops mining operations of nickel firm

Mapagba River, BanayBanay (photo by Emy Morillo)



DAVAO CITY, Jan. 17 (PIA)- The Department of Environment and Natural Resources- XI (DENR-XI) thru its attached agency the Mines and Geosciences Bureau-XI has issued a show cause and cease-and-desist order to the Riverbend Consolidated Mining Corporation which operated by Arc Nickel Resources Inc. (ANRI) for causing the river siltation in Banaybanay, Davao Oriental.


After heavy rains on January 13-14 residents living along Mapagba and Pinatatagan Rivers in Banaybanay town in Davao Oriental discovered that their once clear rivers have turned to orange due to silt.


According to DENR-XI Regional Executive Director Bagani Fidel Evasco, an emergency meeting was called on January 14 participated by the DENR-XI, MGB-XI, Community Environment and Natural Resources Office Lupon, Provincial Environment and Natural Resources Office-Davao Oriental  and the Environment Management Bureau. 


“Later, a Riverbend Consolidated Mining Corporation/Arc Nickel Resources Inc. representative joined said meeting and presented a brief report. President and CEO of Arc Nickel Resources Inc. Josue M. Lapitan also joined the said meeting,” RED Evasco said during the press conference.


On January 15 a joint investigating team was deployed to the area consisting of personnel from the MGB-XI, EMB-XI, and CENRO- Lupon. 


Based on their initial investigation and assessment the potential source of the siltation was the active mining activity of Arc Nickel Resources Inc.


“There were identified areas with overburden and waste material that broke the mitigating measures and drains towards the siltation pond. Intense rains last January 13-14, 2022 pushed overburden materials that contributed to the overflowing of silt pond draining towards the Mapagba River. For the Pintatagan River the potential source of silt which attributed to its discoloration and heavy siltation was from the proposed ongoing prepile yard facility of ANRI located at Kilometer 9. Slope dumping of steep overburden from the production area was saturated during the heavy and continuous precipitation from January 13 to 14, 2022. Siltation traps and control measures are being observed but the siltation traps are not sufficient to control the amount of the precipitation,” RED Evasco describes the findings of the joint investigation team.


“With that DENR-XI shall adhere to its mandate of protecting and advancing the constitutional rights of the people to a balance and healthful ecology,” RED Evasco said.


DENR-XI Regional Exec. Dir. Bagani Evasco


According to RED Evasco in their emergency meeting this afternoon (Jan. 17) with DENR Sec. Roy Cimatu, the Secretary gave an immediate order on the suspension and stoppage of the mining operations in Banaybanay.


EMB-XI Regional Director Mario Bulacan said based on the existing ECC they have three violations “Specifically ECC condition 1, condition number 4 and ECC condition number 18 administratively it has a corresponding administrative penalty of P50,000,” Bulacan said.


But aside from that the company can also be held liable for provisions of Clean Water Act.


“We must have sufficient evidence so we can charge them for violating Clean Water Act,” Bulacan said.


Field personnel already has gotten water samples from the affected river that will determine if they have polluted the river.


Bulacan said the notice of violation is partial as it is still based on violations of the ECC and depending on the laboratory result from the water samples, they can issue a notice of violation based on the Clean Water Act.


Meanwhile Based on the presentation of the Riverbend Consolidated Mining Corporation/Arc Nickel Resources Inc to the MGB-XI, the company as mitigating measures in order to prevent the repeat of the river siltation will construct a mega siltation pond. They will also construct five more siltation ponds which is aligned to climate change. These ponds will have five times the capacity in case of heavier rains 


“They assured that they will construct immediately their siltation ponds,” said EMB-XI Regional Director Mario Bulacan.


Aside from engineering measures the RCMC/ANRI has deployed their personnel to do cleanup in the affected river. Food packs were also given to residents affected by the siltation. 


The Riverbend Consolidated Mining Corporation, operated by ANRI has a total mining tenement area of 6, 363 hectares encompassing the towns of Banaybanay in Davao Oriental and Pantukan in Davao de Oro. It started its operations in September of last year. (PIA/RG Alama)



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