NOTICE OF DETERMINATION

Dorval – 2023-08-02 – Transport Canada, Fisheries and Oceans Canada and Environment and Climate Change Canada has determined that the proposed dredging at the commercial port of Cap-aux-Meules is not likely to cause significant adverse environmental effects.

This determination was based on a consideration of the following factors:

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

The mitigation measures considered for this determination are the same as those cited in the 2020 EA:

• Do not carry out sediment dredging work from July 16 to August 10, to protect the period of maximum larval concentration for American lobster and rock crab.
• Inform the municipality and the Cap-aux-Meules marina of planned activities and work schedule.
• Coordinate the various dredging operations with harbour users and issue notices to inform them of the work period, the location of the work and the frequency of travel between the dredging area and the access near the wharf or the disposal site at sea.
• Ensure proper management of services and accessibility to the wharf at all times for the port activities of various users (commercial fishing, ferries, oil or general cargo, etc.).
• Maintain a minimum distance of 30 metres from the river, an aquatic environment or a wetland when refuelling, parking machinery and storing petroleum products. If this distance cannot be respected, the contractor must install an adequate secondary containment system to contain a potential spill.
• Draw up an environmental emergency response plan that includes the names of persons and authorities to be contacted, as well as the measures to be implemented in the event of a spill. This emergency plan must be submitted to Transport Canada at least 5 working days before work begins.
• Keep complete emergency response kits (absorbents, watertight bags, plugs, gloves, etc.) close to the work area at all times to contain any spill. Ensure that personnel know how to use such equipment. In the event of a spill of hydrocarbons or any other noxious substance, all necessary steps must be taken to stop the leak and contain the spilled product.
• In the event of a spill of hydrocarbons or other hazardous materials, notify the appropriate authorities in accordance with the emergency plan. Immediately report the situation to Environment Canada's emergency service (1-866-283-2333), to Urgence-Environnement du Québec (1-866-694-5454) and to the Canadian Coast Guard - Marine Pollution (1-800-363-4735). Ensure that the site is cleaned up, contaminated soils are removed and disposed of at an authorized site according to their level of contamination. A characterization of the quality of the soils left in place, confirming that the affected site has been properly rehabilitated, must be carried out to TC's satisfaction.
• Keep machinery and equipment used during work in good working order, clean and free from leaks of oil, gasoline or any other liquid that could pollute the environment, and shut down engines when not in use.
• Recommend the use of biodegradable hydraulic oil in machinery (hydraulic shovels) that will be working within 30 metres of a watercourse or wetland, in order to reduce the impact on the environment.
• Prohibit the discharge of contaminants into the Gulf of St. Lawrence, aquatic/marine environments or wetlands.
• Remove unused materials, waste and debris of all kinds from the site throughout the work and dispose of them at an authorized site, in compliance with applicable regulations.
• Do not discharge waste into watercourses. Remove any waste accidentally introduced into waterways as soon as possible.
• Attempt to limit trucking and shut down machinery and equipment when not in use.
• Provide proof of the origin of equipment and that it is free of exotic invasive species.
• Use clean marine equipment that is stored on land prior to work and keep it that way afterwards.
• Provide proof to TC that equipment already in the water has remained along the Magdalen Islands coastline for the past 12 months or more, and that it is free of IAS just prior to mobilization to the work site.
• Ensure compliance with all conditions of approval issued by TC - Navigation Protection Program.
• Adapt the speed of dredging and dumping activities (e.g. clamshell bucket movement) to minimize sediment resuspension. Reduce equipment speed when using a hopper dredger.
• Use a barge or watertight floating pipes to minimize losses of dredged sediment during transport.
• Avoid overfilling the barge in the case of mechanical dredging, or the dredger in the case of a hopper dredger (overflow), to minimize losses and thus the resuspension of dredged sediments.
• Discontinue operations in adverse weather conditions (high winds and waves), which could result in the loss of sediment from the barge.
• When filling the barge, lower the bucket as far as possible before releasing the sediment.
• Respect the dredging area (predetermined limits and depths). A precise DGPS-type positioning system on the dredging equipment will ensure that the dredging limits are respected.
• Respect the limits of the dumping site (or of the usual dredging template in the case of side casting) when dumping sediments.
• Undertake work generating underwater noise very gradually, to allow any cetaceans that may be present in the work zone to leave the area.
• Interrupt sediment dumping operations if a marine mammal is present in the work zone (within 200 m of the barges). Remain stationary and resume work only when the marine mammal has left the protection zone.
• Dredged sediments should be deposited in such a way as to spread them out over the entire target area in several separate deposits, so as not to create too great an accumulation of sediments and thus promote the survival of organisms capable of migrating to the surface of the newly deposited sediments.

With regard to the removal of the rocky shoal, the following mitigation measures will also have to be implemented throughout the work in this area:

• The discharge of sediment and dredging residues from the shoal area (wharf no. 7) into the sea is prohibited.
• Use methods that limit sediment resuspension, such as turbidity curtains and bubble curtains.
• If sediment adheres to quarried rock, remove it for management in accordance with applicable regulations.
• Sediment must be analyzed by an accredited laboratory and managed according to contamination levels, in compliance with applicable regulations.
• If the separation of sediments from extracted rock fragments is achieved by direct washing operations with a water jet on land, these must be carried out in a watertight structure designed to recover washing water or any other means of retaining fine particles and contaminants contained in the water, which must be managed in accordance with applicable regulations.
• If necessary, analyze and manage water from the storage and dewatering of excavated material (rock and sediment) according to its environmental quality and current standards. If the water cannot be returned to the natural environment, dispose of runoff in accordance with current regulations.
• Contaminated rock and sediment must be stored in such a way as to avoid any loss of material due to wind (e.g. between two watertight membranes).
• Contaminated rock and sediment must be transported to the disposal site in such a way as not to release it into the environment.