Notice of determination

NOTICE OF DETERMINATION

Monday, January 23, 2023 – Transport Canada and Parks Canada have determined that the proposed partial removal of the docks of the former Lachine marina is not likely to cause significant adverse environmental effects.

This determination was based on the following factors:

impact on the rights of Indigenous peoples;
community knowledge;
comments received from the public; and
technically and economically feasible mitigation measures.

The mitigation measures considered for this determination are as follows:

PHYSICAL ENVIRONMENT

General measures

Use roads, trails, disturbed areas, or other areas for site access, movement within the site and where activities take place.
Limit truck circulation and turn off machinery and equipment engines when not in use.
No cleaning of equipment in water will be allowed.
Ensure that warning buoys are free of debris and chemicals inside and outside before launching them.
Regularly monitor water quality for any unacceptable levels of suspended sediment (greater than 25 mg/L suspended solids) during activities in the watercourse. This may require a visual assessment or, where the risk is very high, the use of equipment to sample the suspended matter plume.
If necessary, implement appropriate mitigation measures (ex. turbidity curtain, sediment barrier).
Comply with the CCME Criteria for the Protection of Aquatic Life, which allow for a maximum increase in suspended solids of 25 mg/L (or 8 NTU) from background levels. If necessary, measure turbidity in real-time
If a barge is used:
Ensure it is equipped with watertight edges to deal with any oil spills from equipment and machinery.
Otherwise, implement measures to prevent the release of contaminants into the water body.
Take all necessary measures to limit erosion and sedimentation towards the canal that could be caused by the activities. The methods used must be adapted to the situations encountered or replaced by other methods if they are ineffective.

Accidents and spills

An effective emergency plan in the event of an environmental incident, spill (sediment or harmful substances), or fire relating to the characteristics and constraints of the site and its environment must be prepared by the contractor and sent to all persons concerned. The environmental emergency plan must contain the names of the persons and authorities to be contacted and the measures to be implemented in the event of a spill.
All personnel at the work site will need to be fully trained in spill emergency response procedures, methods, and use of relevant equipment and materials.
Report any accidental spill immediately to the project emergency plan manager, who will ensure that the authorities concerned are contacted without delay, the affected area is identified, cleaned up and managed in accordance with applicable laws and regulations.
The contractor will have to make every effort to stop the spill at the source. A dam and/or oil-absorbing mat will need to be deployed to hold back the spill. Carpets or booms must be stored in an identified container on the shoreline side and must be towed in place to absorb or retain the spill. A characterization of the quality of the soil left in place, confirming that the affected site has been properly remediated, should be conducted to the satisfaction of the ministry.
Use biodegradable hydraulic oil in machinery that will work within 30 meters of a watercourse or wetland to reduce potential impacts on the environment.
Respect a minimum distance of 30 meters from an aquatic or wetland environment when refueling, parking machinery, and storing petroleum products. If this distance cannot be maintained, the contractor will be required to install an adequate secondary containment system to contain a potential spill.
Identify (or develop) an area for the temporary storage of hydrocarbons or other hazardous materials, refueling and general maintenance of machinery at a minimum distance of 30m from an aquatic environment, drainage ditches, wetlands and watercourses. The substances used, such as oil and gasoline, must be handled with care, according to the laws and regulations in force.
Maintain complete emergency response kits (absorbent products, leak bags, stoppers, gloves, etc.) at all times near the work area to contain any spills. Secondary emergency kits may be required at some points on the jobsite.
Maintain machinery and equipment to prevent fuel and fluid leaks. Ensure that measures are in place to minimize the impacts of accidental spills.
Store all oils, lubricants, fuels and chemicals in safe places on waterproof mats.
Recycling bins must be placed under all fuel-powered equipment.
No spills of chemicals and/or cleaners into or near aquatic habitats are permitted; All of these substances must be disposed of in a facility licensed to receive them.

Waste management

Implement a residual materials management system that considers their nature and provides containers appropriate to their nature.
Recyclable materials and waste will be removed from the site in accordance with all federal, provincial, and municipal regulations and sent to disposal facilities licensed to receive them.
It is prohibited to dispose of waste materials, debris, volatiles, or any type of contaminant by discharging them into storm or sanitary sewers, in an aquatic environment or in a wetland.
Any waste accidentally introduced into the environment, including the aquatic wetland, must be removed as soon as possible.

BIOLOGICAL ENVIRONMENT

General measures

Work areas will be kept clean and free from wildlife hazards, such as wires, cables, pipes, plastic, antifreeze, or other materials that wildlife may eat or become entangled in.
Monitor vehicle speeds to reduce the risk of hitting wildlife.
Remove existing structures or pillars to avoid foreshore disturbance or sediment production.
Protect tree roots to the plumb to avoid disturbance or damage. Avoid circulation and storage of materials over areas where roots are located.

Species at Risk

If a wildlife or plant species at risk under SARA or LEMV is observed or suspected at the work site, the species should not be harmed or harassed. Allow the animal to leave the site. If the species does not leave the site or cannot leave it, work in this area must be stopped immediately and appropriate measures must be put in place. It is the responsibility of the project manager to ensure that a qualified expert is contacted to determine appropriate avoidance, mitigation, compensation and monitoring measures to reduce potential impacts on the species.
Notify the responsible departmental authorities, Transport Canada and Parks Canada, of any discovery of species at risk during preparatory and construction work. A report indicating the species found and the actions taken should be forwarded to the responsible departments, if applicable.

Avian fauna

If active nests, dens or nest boxes are discovered, stop work and contact designated Parks Canada staff immediately for instructions.

Invasive alien species (IAS)

All construction equipment that will be used in the water and that comes from outside the site must be washed outside the protected heritage site prior to arrival to minimize the risk of introducing invasive species, aquatic invasive species (e.g., zebra mussels), or parasitic diseases (e.g., whirling disease).

Fish and habitat

Work and activities must be carried out in accordance with Fisheries and Oceans Canada's fish and fish habitat protection measures and the discharge of deleterious substances into a water body must be avoided.

HUMAN ENVIRONMENT

Health and safety

Adhere to local noise regulations. Alert residents to planned activities that may cause disruption and schedule them to avoid sensitive periods.
Minimize idling of construction equipment.
Attempt to limit trucking and shut down machinery and equipment engines when not in use.
Use machinery and equipment in good working order to minimize noise.
Close the project when construction, repair or maintenance activities are underway and use appropriate signs to delineate the project and to signal hazards. Consider temporary detours or alternative routes as required.
If it is not possible to close the area, maintain a safe working distance between construction activities and visitors. If traffic control is required, assign a flagman to this task at the construction site or hazardous area.
Ensure continuous monitoring of vehicle movements associated with the construction site to avoid any encroachment on adjacent uses.
Ensure that roads and trails for visitors outside the project are free of materials, waste, machinery or construction equipment. Continuously monitor cleanliness and clean them with a mechanical broom, when required.

Historical and archaeological sites

Use roads, trails, disturbed areas or other areas for site access, movement within the site and where activities take place.
If cultural resources (structural remains or artifact concentrations) are discovered, cease work in the immediate area, secure the site, and contact designated Parks Canada staff for further guidance.
Avoid known or potential cultural resources and archaeological sites.
Prevent stacked materials from damaging or burying known cultural resources.

Transport Canada and Parcs Canada are satisfied that the carrying out of the project is not likely to cause significant adverse environmental effects.

Therefore, Transport Canada and Parks Canada may perform their duties and functions to enable the project to be carried out in whole or in part.

Document reference number: 2

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Date modified:: 2019-03-01

Partial removal of docks from the former Lachine marina

NOTICE OF DETERMINATION

Monday, January 23, 2023 – Transport Canada and Parks Canada have determined that the proposed partial removal of the docks of the former Lachine marina is not likely to cause significant adverse environmental effects.

This determination was based on the following factors:

impact on the rights of Indigenous peoples;

community knowledge;

comments received from the public; and

technically and economically feasible mitigation measures.

The mitigation measures considered for this determination are as follows:

PHYSICAL ENVIRONMENT

General measures

Use roads, trails, disturbed areas, or other areas for site access, movement within the site and where activities take place.

Limit truck circulation and turn off machinery and equipment engines when not in use.

No cleaning of equipment in water will be allowed.

Ensure that warning buoys are free of debris and chemicals inside and outside before launching them.

Regularly monitor water quality for any unacceptable levels of suspended sediment (greater than 25 mg/L suspended solids) during activities in the watercourse. This may require a visual assessment or, where the risk is very high, the use of equipment to sample the suspended matter plume.

If necessary, implement appropriate mitigation measures (ex. turbidity curtain, sediment barrier).

Comply with the CCME Criteria for the Protection of Aquatic Life, which allow for a maximum increase in suspended solids of 25 mg/L (or 8 NTU) from background levels. If necessary, measure turbidity in real-time

If a barge is used:

Ensure it is equipped with watertight edges to deal with any oil spills from equipment and machinery.

Otherwise, implement measures to prevent the release of contaminants into the water body.

Take all necessary measures to limit erosion and sedimentation towards the canal that could be caused by the activities. The methods used must be adapted to the situations encountered or replaced by other methods if they are ineffective.

Accidents and spills

All personnel at the work site will need to be fully trained in spill emergency response procedures, methods, and use of relevant equipment and materials.

Report any accidental spill immediately to the project emergency plan manager, who will ensure that the authorities concerned are contacted without delay, the affected area is identified, cleaned up and managed in accordance with applicable laws and regulations.

Use biodegradable hydraulic oil in machinery that will work within 30 meters of a watercourse or wetland to reduce potential impacts on the environment.

Respect a minimum distance of 30 meters from an aquatic or wetland environment when refueling, parking machinery, and storing petroleum products. If this distance cannot be maintained, the contractor will be required to install an adequate secondary containment system to contain a potential spill.

Maintain complete emergency response kits (absorbent products, leak bags, stoppers, gloves, etc.) at all times near the work area to contain any spills. Secondary emergency kits may be required at some points on the jobsite.

Maintain machinery and equipment to prevent fuel and fluid leaks. Ensure that measures are in place to minimize the impacts of accidental spills.

Store all oils, lubricants, fuels and chemicals in safe places on waterproof mats.

Recycling bins must be placed under all fuel-powered equipment.

No spills of chemicals and/or cleaners into or near aquatic habitats are permitted; All of these substances must be disposed of in a facility licensed to receive them.

Waste management

Implement a residual materials management system that considers their nature and provides containers appropriate to their nature.

Recyclable materials and waste will be removed from the site in accordance with all federal, provincial, and municipal regulations and sent to disposal facilities licensed to receive them.

It is prohibited to dispose of waste materials, debris, volatiles, or any type of contaminant by discharging them into storm or sanitary sewers, in an aquatic environment or in a wetland.

Any waste accidentally introduced into the environment, including the aquatic wetland, must be removed as soon as possible.

BIOLOGICAL ENVIRONMENT

General measures

Work areas will be kept clean and free from wildlife hazards, such as wires, cables, pipes, plastic, antifreeze, or other materials that wildlife may eat or become entangled in.

Monitor vehicle speeds to reduce the risk of hitting wildlife.

Remove existing structures or pillars to avoid foreshore disturbance or sediment production.

Protect tree roots to the plumb to avoid disturbance or damage. Avoid circulation and storage of materials over areas where roots are located.

Species at Risk

Notify the responsible departmental authorities, Transport Canada and Parks Canada, of any discovery of species at risk during preparatory and construction work. A report indicating the species found and the actions taken should be forwarded to the responsible departments, if applicable.

Avian fauna

If active nests, dens or nest boxes are discovered, stop work and contact designated Parks Canada staff immediately for instructions.

Invasive alien species (IAS)

Fish and habitat

Work and activities must be carried out in accordance with Fisheries and Oceans Canada's fish and fish habitat protection measures and the discharge of deleterious substances into a water body must be avoided.

HUMAN ENVIRONMENT

Health and safety

Adhere to local noise regulations. Alert residents to planned activities that may cause disruption and schedule them to avoid sensitive periods.

Minimize idling of construction equipment.

Attempt to limit trucking and shut down machinery and equipment engines when not in use.

Use machinery and equipment in good working order to minimize noise.

Close the project when construction, repair or maintenance activities are underway and use appropriate signs to delineate the project and to signal hazards. Consider temporary detours or alternative routes as required.

If it is not possible to close the area, maintain a safe working distance between construction activities and visitors. If traffic control is required, assign a flagman to this task at the construction site or hazardous area.

Ensure continuous monitoring of vehicle movements associated with the construction site to avoid any encroachment on adjacent uses.

Ensure that roads and trails for visitors outside the project are free of materials, waste, machinery or construction equipment. Continuously monitor cleanliness and clean them with a mechanical broom, when required.

Historical and archaeological sites

Use roads, trails, disturbed areas or other areas for site access, movement within the site and where activities take place.

If cultural resources (structural remains or artifact concentrations) are discovered, cease work in the immediate area, secure the site, and contact designated Parks Canada staff for further guidance.

Avoid known or potential cultural resources and archaeological sites.

Prevent stacked materials from damaging or burying known cultural resources.

Transport Canada and Parcs Canada are satisfied that the carrying out of the project is not likely to cause significant adverse environmental effects.

Therefore, Transport Canada and Parks Canada may perform their duties and functions to enable the project to be carried out in whole or in part.