Notice of Determination

Disturbance and degradation of fish habitat

• Carry out the planned interventions below the level of the high tide of high tide (PMSGM) when the work area is flooded (at low tide, outside of high-water episodes), and stabilize the site before the tide returns.
• For work carried out above the level of the PMSGM, put in place effective measures to limit the input of sediment from the site into the aquatic environment and ensure their maintenance. The measures must remain effective during the temporary closure of the construction site and during heavy rains.
• When weather conditions deteriorate (e.g., high winds, storms, etc.), stop work to prevent the dispersion of materials into the water.
• No cleaning of equipment in the water of the Gulf of St. Lawrence will be permitted.
• The contractor must ensure that all equipment imported and used under the GMSMP or used near water is free of contamination.
• The machinery will operate from the approach and the dock only.
• Limit the movement of workers on the seabed to a strict minimum.
• Ensure that machinery arrives at the project site clean and free of invasive species and weeds.
• Dispose of all waste, scrap and unused materials in the terrestrial environment at a designated site located away from the water body before the work area is flooded at high tide.
• Notify the departmental representative as soon as possible of any change in the terms and conditions of the project (schedule, plan, etc.) or any unanticipated impact on fish habitat. The departmental representative will contact the Fisheries and Oceans Canada representative.
• Do not release any debris into the aquatic environment. Any debris accidentally introduced should be removed as soon as possible.
• Ensure that water that has been in contact with uncured or partially cured concrete or cement (such as water from cleaning concrete mixers and other equipment) is not discharged into the aquatic environment.
• Equipment that drips or drips from cast-in-place concrete and concrete mixers must be trapped in place by interception ditches, settling ponds, reservoirs or other facilities.  The sediment must be able to settle and reach a neutral pH before the clarified water is released into the drainage system or can flow into the soil.
• Debris and concrete dust resulting from the work must be removed so that the material does not enter the aquatic environment. Any unused aggregate and concrete debris must be removed and the surface returned to its original condition once the work is completed.
• It is prohibited to dispose of waste materials, volatiles or any type of contaminant by dumping them into aquatic environments, storm or sanitary sewers or the Gulf of St. Lawrence. Any waste or contaminant accidentally introduced into the environment, including the aquatic environment, must be removed as soon as possible.
• Collect the concrete wash water and dispose of off-site.
• Ensure that poured concrete is protected from rain at all times during concrete work.
• Carry out concrete work in such a way as to prevent the concrete and the particles it contains from reaching the aquatic environment.

Vegetation disturbance

• The contractor will take the necessary measures to damage the vegetation as little as possible.
• Use existing trails, roads and infrastructure.

Disturbance of avian fauna

• Before the work begins, check for the presence of bird nesting on the structures where the work will take place. If a nest containing migratory bird eggs or nestlings is discovered near or within the work zone, stop all noisy activities in the vicinity of the nesting site, protect the nest(s) with a protection zone. Contact the departmental representative and ECCC's Canadian Wildlife Service (CWS) immediately to ensure that the correct action is taken.
• The Contractor must take all necessary measures to comply with the laws and regulations relating to the presence of migratory birds, including, but not limited to, the Species at Risk Act, the Migratory Birds Convention Act, 1994 and the Migratory Birds Regulations. Some measures to minimize impacts on birds include:

• Limit encroachment into the natural environment as much as possible.
• Particular care should be taken to avoid disturbing or destroying any migratory bird nest.
• Avoid approaching or disturbing any birds or bird nests if they are observed during the work.

Disposal of excavated material and contaminated soil

• It is the contractor's responsibility to identify and locate the underground infrastructure before proceeding with any work. If the work is to be carried out near an observation well, the contractor must take the necessary measures to preserve the installation.
• Ensure that temporary storage of excavated soil and excavated material during work is done in a manner that does not blow away by the wind or leach to the aquatic environment and use aquatic containment methods (e.g., between two watertight membranes held securely in place, in containers or in watertight containers).
• If organoleptic signs of contamination (odours, colours, etc.) are observed during excavation work (regardless of the excavation method), store the soil in such a way as to avoid any loss of material (for example, between two waterproof membranes, in containers or in waterproof containers). Have the soils analyzed by an accredited laboratory in accordance with the Sampling Guide for Environmental Analysis: Book 5 – Soil Sampling of the Ministère de l'Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs. Excavated soil must be disposed of in accordance with the Excavated Soil Management Grid (Appendix 5) of the Intervention Guide – Soil Protection and Rehabilitation of Contaminated Land of the Ministère de l'Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs. It is strongly recommended that you contact the disposal site prior to the work to find out their requirements in terms of sampling and the quality of the soil they can accept.
• Soils that exceed criteria C of the MELCCFP's Intervention Guide – Soil Protection and Rehabilitation of Contaminated Land or the CCME's recommendations for commercial use (whichever is more restrictive) must be managed off-site and disposed of in accordance with the Excavated Soil Management Grid (Appendix 5) of the Ministry of the Environment's Intervention Guide – Soil Protection and Rehabilitation of Contaminated Sites.  the fight against climate change, wildlife and parks.
• Soils with organoleptic indices of contamination (odours, colours, etc.) during demolition work and whose environmental quality is in the B-C range must also be managed off-site at an authorized site according to their level of contamination.
• Transport contaminated soil to the disposal site in a manner that does not spread to the environment. Work involving the transportation of excavated soil containing contaminants from human activity, regardless of their concentration and volume, must be done out of the original site in accordance with the Regulation respecting the traceability of excavated contaminated soil. The owner or authorized person must also register the project in Traces Québec to ensure the traceability of contaminated soil excavated outside the original land, and complete the tracking slips for all excavated soil associated with the project. At the end of the work, provide Transport Canada with the traceability report generated by Traces Québec.
• If contaminated soil is to be temporarily stored off-site pending reclamation, it must be done in agreement with the owner of the site and in compliance with applicable regulations, including the Regulation respecting the storage and transfer of contaminated soil.
• Use clean, contaminant-free granular material from a known borrow pit for backfilling. In addition, the backfill must comply with the recommendations set out by the Canadian Council of Ministers of the Environment (CCME) and the criteria set out in the Intervention Guide – Soil Protection and Rehabilitation of Contaminated Land of the Ministère de l'Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs, whichever applies. A certificate of chemical analysis must be provided to prove the quality and origin of this backfill.
• Ensure that excavated soil, excavated material or debris is disposed of in authorized sites according to its nature and transported in a manner that does not spread into the environment.

Management and disposal of residual materials and hazardous materials

• The temporary relocation of petroleum product lines will be carried out in accordance with CAN/CSA-Z662, Oil and Gas Pipeline Systems, of the Construction Code, as well as any other legislation, regulation, code and standard in force for these types of work.
• During dismantling, a secondary containment will be installed to contain any leaks during hose emptying and handling.
• The work method related to the temporary relocation of petroleum product lines will need to be submitted to TC in advance.
• Establish a construction waste management plan by promoting reuse and/or recycling. If they must be disposed of, dispose of them at an authorized site.
• Debris should be picked up as it is collected and put in appropriate containers to avoid dispersion in the environment.
• Remove unused materials, garbage, debris of all kinds or other residual materials from the site throughout the work and dispose of them in an authorized site, in accordance with applicable regulations.
• The Contractor must comply with all applicable regulations regarding the transportation, storage, handling and disposal of hazardous materials and hazardous wastes.
• Cover dry materials, debris or waste to prevent wind from kicking up dust or carrying debris.
• Manage dry materials, debris or waste at authorized sites according to their nature and applicable regulations.

Presence of machinery and equipment

• Keep machinery and equipment used during work in good working order, clean and free of leaks of oil, gasoline or any other liquid that may pollute the environment.
• All machinery must be inspected by a qualified mechanic before the start of the work to ensure that there is no breakage that could result in a loss of hydrocarbons or any other contaminant. In the event of a breakage or leak, the machinery must be taken out of service and repaired as soon as possible. The leak will have to be contained and the contaminated soil must be properly managed.
• Favor the use of biodegradable hydraulic oil in machinery (hydraulic shovels) that will work within 30 metres of any body of water in order to reduce potential impacts on the environment.
• Carry out maintenance and refuelling of vehicles and equipment more than 30 metres from a body of water in order to reduce potential impacts on the environment. If this distance cannot be maintained, the contractor will be required to install an adequate secondary containment system to contain a potential spill.
• Maintain and refuel vehicles and equipment on sealed surfaces that allow for the containment of any leaks and spills (e.g., containment tank with a volume equivalent to at least 110% of the volume of the fuel tank).
• Minimize the number of oil tanks for refueling machinery.
• Move machinery away from the shore or water as soon as it is no longer in use.
• Any leaking equipment must be removed from surface water and sumps, decommissioned, contained and repaired before work resumes.

Deterioration of the sound environment

• Comply with current municipal noise by-laws and adjust machinery operations accordingly, if applicable.
• Use machinery and equipment in good working order to minimize noise.

Deterioration of air quality

• Adopt a working method that reduces the emission of fine particles as much as possible. The use of water for dust suppression should be done only with great care and with proper recovery and management of runoff.
• Ensure that the vehicles and equipment used are kept in perfect working order (e.g., exhaust system).
• Turn off the engines of unused construction equipment as soon as possible.
• Optimize maneuvers to minimize the duration of operations.
• Clean traffic areas to minimize dust kick-up.

Accidents and failures

• An effective emergency response plan in the event of an environmental incident, spill or fire relating to the characteristics and constraints of the site and its environment must be developed by the contractor and sent to all persons concerned, including the ministerial representative. Ensure that the response plan contains, at a minimum, a response plan and alert structure, and that it is placed in an easily accessible location and in full view of all employees.
• The Environmental Emergency Response Plan (EUMP) will have to contain the names of the people and authorities to be contacted as well as the measures to be implemented in the event of a spill.   This contingency plan must be submitted to Transport Canada at least five (5) business days prior to the start of the work.
• All personnel at the work site will be fully trained in emergency spill response procedures, methods and the use of relevant equipment and materials.
• Oils, lubricants, fuel and chemicals will be stored in a designated protected area on impermeable slabs.
• Any equipment or machinery that leaks hydrocarbons, fuel, engine oil or hydraulic oil must be removed from surface water and sumps, then immediately taken out of service, contained in an enclosure and rehabilitated in order to continue the work.
• Maintain complete emergency response kits (absorbent products, dry bags, blowout ators, gloves, etc.) in the vicinity of the work area at all times to contain any spills. Secondary emergency kits may be required at certain locations on the site.
• Prevent spilled product from entering a water body, sewers and environmental receptors.
• In the event of an accidental spill of oil or other hazardous materials, the spill must be reported immediately to the ministerial representative and to the following authorities:

• Environment Canada, National Environmental Emergencies Centre: 1-866-283-2333.
• MELCCFP, Urgence-Environnement: 1-866-694-5454.
• Canadian Coast Guard, Alert and Warning Network (AAR): 1-800-363-4735
• Site supervisor.

• In the event of an accidental spill, dry up the source of the spill within the limits recommended by safety as soon as possible. A dam and/or an oil absorber mat will have to be deployed to contain the spill. Carpets or dams must be stored in a container identified on the shore side and must be towed into place to absorb or contain the spill. A characterization of the quality of the soils left in place, confirming that the affected site has been properly remediated, will have to be carried out to TC's satisfaction.
• Any waste or pollutants associated with this incident must be managed and disposed of off-site in accordance with the regulations in force. Documentation of a compliant disposition will be provided to the TC Project Manager.
• In the event of an equipment breakdown or spill, the emergency response plan must be implemented immediately. Notify the TC Environmental Officer immediately.

The authority is satisfied that the carrying out of the project is not likely to cause significant adverse environmental effects.

Therefore, the authority may carry out the project, exercise any power, perform any duty or function, or provide financial assistance to enable the project to be carried out in whole or in part.

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